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05/19/2020 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING MAY 19, 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. APPROVE Change Order #20, Project 18-06, Police Department and City Hall Renovation F. APPROVE resolution adopting and authorizing implementation of the performance measures developed by the Council on Local Results and Innovation G. APPROVE change order fire station four remodel H. APPROVE amended Agreement between the City of Eagan (as fiscal agent for the Dakota County Drug Task Force) and the Organized Crime Drug Enforcement Task Force Program for assisting in investigations and initiatives I. APPROVE On-Sale Liquor and Sunday Liquor License and Off-Sale Brew Pub License for Granite City, Inc. doing business as Granite City Food & Brewery, 3330 Pilot Knob Road J. APPROVE Dakota County Aquatic Invasive Species Grant Agreement K. AWARD Contract 20-03, Citywide Trail & Parking Lot Improvements L. ADOPT a resolution calling for a public hearing on June 2, 2020 on a proposal for the establishment of a housing improvement area and the imposition of fees (Countryside Villas Condominium Homeowners Association Project) on the housing units therein. M. APPROVE Final Subdivision and Final Planned Development – Lexington Flats/MWF Properties N. SCHEDULE a public hearing to consider extension of Minnesota Investment Fund (MIF) Grant Contract and Loan Agreement with the MN Department of Employment and Economic Development (DEED) and Medical Products Solutions, Inc., dba Purair Products, Inc. O. AUTHORIZE Preparation of Ordinance Amendments to Adopt Updates to the Building Code pertaining to 4.01 P. APPROVE Bus Pad Construction for MVTA Bus Shelter at Yankee Doodle Road & Lexington Avenue Q. APPROVE Correspondence to the MSP Noise Oversight Committee V. PUBLIC HEARINGS VI. OLD BUSINESS 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, REZOING, and PRELIMINARY PLANNED DEVELOPMENT – Pointe at Blue Gentian – A Comprehensive Guide Plan Amendment from BP, Business Park to RC, Retail Commercial, a Rezoning form BP, Business Park to PD, Planned Development, and a Preliminary Planned Development to allow a multi-tenant building with a drive-thru coffee shop located on Lot 1, Block 1, Spectrum Business Park C. ADOPT Resolution approving temporary waiver of city code permit & zoning requirements to promote physical and social distancing for business activities during the COVID-19 health pandemic VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve Minutes for January 21, 2020 2. Approve Resolutions to Decertify Tax Increment Financing (TIF) District No. 2-5 Blue Gentian D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. ADJOURNMENT Memo To: Honorable Mayor and City Council Members From: City Administrator Osberg Date: May 15, 2020 Subject: Agenda Information for May 19, 2020 City Council Meeting ADOPT AGENDA After approval is given to the May 19, 2020 City Council agenda, the following items are in order for consideration. Agenda Information Memo May 19, 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 May 5, 2020 regular City Council meeting as presented or modified. Attachments: (1) CA-1 May 5, 2020 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MAY 5, 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, May 5, 2020 at 6:30 p.m. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley and City Administrator Osberg, Assistant City Administrator Miller, Public Works Director Matthys, Community Development Director Hutmacher, City Planner Schultz, City Clerk Scipioni and City Attorney Dougherty. AGENDA City Administrator Osberg noted the applicant is requesting to move New Business Item 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 to the May 19, 2020 City Council Meeting. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. 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 21, 2020 regular City Council minutes, as presented or modified. B. Personnel Items: 1. It was recommended to approve the hiring of the seasonal, non-benefit eligible employees for the positions of: Landscape Crew Laborer, Parks Laborer, Recreation Leader, Recreation Team Leader and Utility Maintenance Worker. 2. It was recommended to authorize the internal transfer of Daniel Pelowski from Streets Maintenance Worker to Parks Maintenance Worker and authorize replacement of his position. C. It was recommended to ratify the check registers dated April 17 and April 24, 2020. D. It was recommended to approve the ordinary and customary contract with DJ’ s Divine Vending LLC. City Council Meeting Minutes May 5, 2020 2 page E. It was recommend to amend the City’s Investment Policy to change the maximum holdings allowed for specific investment types. F. It was recommend to proclaim May 3 through May 9, 2020, as Drinking Water Week, and authorize the Mayor and City Clerk to execute all related documents. G. It was recommended to proclaim May 17 through May 23, 2020, as Public Works Week, and authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to proclaim June 2020 as Eagan Lakes Appreciation Month and authorize the Mayor and City Clerk to execute all related documents. I. It was recommended to approve the plans and specifications for Contract 20-18 (2020 Water Quality Improvements) and authorize the advertisement for a bid opening. J. It was recommended to approve Contract 20-19 (Yankee Doodle Road - Streetlight System Repairs) with 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. K. It was recommended to 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. L. It was recommended to approve Water Meter Replacement/Repair (R/ R) Program (City Code 3.05) surcharge appeals. M. It was recommended to approve an amendment to the Fee Schedule: Antennae – Radio, Satellite, Microwave and PCS for Lease/ Rent Rates. N. It was recommended to approve action to not waive the monetary limits on municipal tort liability. O. It was recommended 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. P. It was recommended to approve Change Order #1 with Audio Visual Inc for their work on Eagan Television’s studio cameras. Q. It was recommended to approve a 3-year contract with HydroCorp Inc. in the amount of $42,420.00 for Cross Connection Control Services and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to approve a Second Amendment to Repurchase Agreement for Lot 1, Block 1, Yankee Plaza 2nd Addition located at 3540 Federal Drive. PUBLIC HEARINGS Lot 1 Block 2 & Outlot C, Viking Lakes Easement Vacation City Administrator Osberg introduced the item, noting the Council is being asked to consider the vacation of drainage and utility easements over, under and across Lot 1, Block 2 and Outlot C, Viking Lakes. Public Works Director Matthys gave a PowerPoint presentation. Representatives from Viking Lakes were available for questions. City Council Meeting Minutes May 5, 2020 3 page Councilmember Fields moved, Councilmember Bakken seconded a motion to 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. Aye: 5 Nay: 0 (Roll Call) OLD BUSINESS Ordinance Amendment an Ordinance Amendment to City Code Chapter 6.34 Regarding Tobacco and Electronic Cigarette Regulations City Administrator Osberg introduced the item, noting at the October 15, 2019 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. Osberg noted at the March 10, 2020 Special City Council meeting, the Council reviewed a draft ordinance amendment. 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. City Clerk Scipioni summarized the proposed ordinance amendment changes to the City’s tobacco and electronic cigarette regulations. City Attorney Dougherty noted 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. Mayor Maguire opened the public comment. The first call was from Andrea Mowery and her daughter Isabelle regarding PUP penalties. The next call was from Dr. Amelia Burgess also regarding PUP penalties. Councilmember Hansen noted Sub. 19, Sec. 3 regarding underage individuals appears to be out of place in the ordinance and perhaps could cause confusion with the PUP provision being eliminated. He suggested it be removed from the ordinance amendment. City Attorney Dougherty agreed with Councilmember Hansen and suggested removing it from the ordinance. All Councilmembers we in favor. Councilmember Bakken moved, Councilmember Hansen seconded a motion to 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. Aye: 5 Nay: 0 (Roll Call) NEW BUSINESS Comprehensive Guide Amendment – Outlot ‘A’, Waters Annex 2nd Addition This item was moved to the May 19, 2020 City Council meeting. City Council Meeting Minutes May 5, 2020 4 page Comprehensive Guide Plan Amendment; Rezoning; Preliminary Planned Development; and Preliminary Subdivision - Ballantrae Apartments, LLC City Administrator Osberg introduced the item noting the Council is being asked to consider a Comprehensive Guide Plan Amendment changing the land use designation from MD (Medium Density) to HD (High Density), a Rezoning from R-4 (Residential Multiple to PD (Planned Development), a Preliminary Planned Development to allow two (2) new multi-family buildings and a Preliminary Subdivision Ballantrae 3rd Addition to create three (3) lots upon 19.43 acres. City Planner Schultz gave a staff report and provided a site map. Ed Farr, Edward Farr Architects, gave a presentation providing an overview of the current conditions of the property, and provided additional details on the proposed development. Mayor Maguire opened the public comment. There being no comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion 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. Aye: 4 Nay: 1 (Bakken) (Roll Call) Councilmember Hansen moved, Councilmember Tilley seconded a motion 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. Aye: 5 Nay: 0 (Roll Call) Councilmember Fields moved, Councilmember Tilley seconded a motion 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 following conditions: Aye: 5 Nay: 0 (Roll Call) 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 City Council Meeting Minutes May 5, 2020 5 page • 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. 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 City Council Meeting Minutes May 5, 2020 6 page 12. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 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 initial 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 received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 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 each proposed infiltration area, extending a minimum of 10’ below the bottom of each proposed infiltration feature with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. If the soil boring logs indicate incompatibility of existing sub-soil permeability, or shallow groundwater conflict, with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans to ensure volume control requirements are fully met for the mitigated impervious drainage area, to the satisfaction of the City Engineer. 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 City Council Meeting Minutes May 5, 2020 7 page 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 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 than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12” of topsoil, to comply with City Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan 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 activity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the 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 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, City Council Meeting Minutes May 5, 2020 8 page 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 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 shall provide a civil drawing plan for outside plant (including handholes and conduit path) work as well as an electrical plan for inside plant work to be reviewed and approved by City staff. This development shall include the installation of fiber optic cable in its construction plans at the time of Building Permit. 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, in 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 utility easement, in a form acceptable to the City Attorney. 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 the 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. City Council Meeting Minutes May 5, 2020 9 page Councilmember Fields moved, Councilmember Tilley seconded a motion 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 following conditions: Aye: 5 Nay: 0 (Roll Call) STANDARD CONDITIONS 1. The developer shall comply with these standards conditions of plat approval 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 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 greater. 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 Tree Protection Fencing. City Council Meeting Minutes May 5, 2020 10 page 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 received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. A Phase 1 (during initial grading) Erosion Control Plan and a Phase 2 Erosion Control Plan shall be included in the Plan Set. 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. 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 continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. If the soil boring logs indicate incompatibility of existing sub-soil permeability, or shallow groundwater conflict, with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans to ensure volume control requirements are fully met for the mitigated impervious drainage area, to the satisfaction of the City Engineer. City Council Meeting Minutes May 5, 2020 11 page 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 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. 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 requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading 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. 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 operation and performance of the private permanent stormwater management system, in a form acceptable to the City Attorney. City Council Meeting Minutes May 5, 2020 12 page 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 City 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 construction 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 shall 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. 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 City 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. City Council Meeting Minutes May 5, 2020 13 page 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. Authorize Staff to Close Cascade Bay for the 2020 Season City Administrator Osberg introduced the item noting COVID-19 has created several health-related concerns and challenges for the opening of Cascade Bay. Staff has analyzed several different scenarios and 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. Parks and Recreation Director Pimental provided an overview of the staffing shortages and best-case operations. Pimental noted a list of projects for consideration during summer 2020 would allow deferred maintenance and repairs to be done. Civic Arena and Aquatic Facility Manager Vaughan was available for questions. City staff and Councilmembers discussed the proposed closing of Cascade Bay for the 2020 season. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to authorize the closing of Cascade Bay waterpark for the 2020 summer season. Aye: 5 Nay: 0 (Roll Call) LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire read a statement to the community and to the City Council. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Hansen moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:27 p.m. Aye: 5 Nay: 0 (Roll Call) City Council Meeting Minutes May 5, 2020 14 page ___________________ Date ______ Mayor _______ City Clerk Agenda Information Memo May 19, 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: Antoinette Gallo Assistant Recreation Leader Ashley Larson Assistant Recreation Leader Coriena Hanson Assistant Recreation Leader Daniel Erdmann Forestry Technician Justin Schoenecker Parks Laborer Anna Pocquette Recreation Leader Benjamin Groff Recreation Leader Cassie Sievwright Recreation Leader Claire Knutson Recreation Leader Ella Hinkemeyer Recreation Leader Emma Marsolek Recreation Leader Evan Blom Recreation Leader Gavin Miller Recreation Leader Katherine Warnke Recreation Leader Madeline Lee Recreation Leader Miya Molina Recreation Leader Ren Stokesbary Recreation Leader Ryan Buchert Recreation Leader Sarah Schuller Recreation Leader Ellen Sutton Recreation Team Leader Heather Buchert Recreation Team Leader Julia Maras Recreation Team Leader Kayla Ryan Recreation Team Leader Mariah Savage Recreation Team Leader Virginia Fritz Recreation Team Leader 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 recruitment for the Recreation Manager position. Facts: ➢ With a recent reassignment within the Recreation Division, the vacant Recreation Manager position has been modified to be an active programming manager role. Along with programming, this position will manage and lead the Recreation Supervisor team. ITEM 3. Action To Be Considered: Approve a Memorandum of Understanding regarding hours worked and notification of shift changes between the City of Eagan and the LELS Local #185 – Patrol Sergeants. Facts: ➢ The current collective bargaining agreement is effective from January 1, 2019 to December 31, 2020. ➢ The City of Eagan Police Department, during the current COVID-19 pandemic, must be able to continue to provide services to citizens in the event its officers are unable to work and the Department needs flexibility in scheduling its workforce. ➢ This MOU is based upon extraordinary circumstances, and both parties agree that the MOU will sunset on June 20, 2020 but may be renewed with the consent of both parties. The parties may agree to extend the MOU; however, the Chief of Police may terminate this MOU based upon operational needs at any time. ➢ The attached Memorandum of Understanding details the intention of both the Union and the City of Eagan. Attachments: (1) CB-1 Memorandum of Understanding MEMORANDUM OF AGREEMENT WHEREAS, the COVID-19 pandemic presents an unprecedented challenge to law enforcement in the State of Minnesota and the City of Eagan; WHEREAS, Governor Walz issued Emergency Executive Orders 20-20 and 20-33 directing Minnesotans to stay at home, the temporary closure of businesses and other places of public accommodation until May 18, 2020; WHEREAS, the City of Eagan Police Department must be able to continue to provide services to citizens in the event its officers are unable to work related to COVID-19; WHEREAS, the City of Eagan Police Department needs flexibility in scheduling its workforce to address COVID-19; WHEREAS, the parties recognize that this MOU is based upon extraordinary circumstances. Therefore, the Union and Employer agree that the MOU will sunset on June 20, 2020 but may be renewed with the consent of both parties. The parties may agree to extend the MOU; however, the Chief of Police may terminate this MOU based upon operational needs at any time. NOW THEREFORE, the City of Eagan (“City”) and Law Enforcement Labor Services, Inc. Local No. 185 – Sergeants (“Union”) agree to the following: 1. During the Effective Dates of the MOU, it is agreed that a Sergeant’s scheduled days and hours worked can be changed after the final schedule has been posted. In the event of such a change, Sergeants shall be provided a minimum of 48-hour notice of the schedule change. 2. During the Effective Dates of the MOU, a Sergeant’s shift duration may be adjusted from 10 hours to 12 hours, or other duration, based upon operational needs. Sergeants shall be provided a minimum of 48-hour notice of the shift duration change. 3. A Sergeants’ work schedule shall not be adjusted such that the Sergeant’s status as a full- time employee is jeopardized. 4. This MOU may be renewed extending the sunset date beyond June 20, 2020 via e-mail between Deputy Chief Mike Fineran and Business Agent Kevin McGrath. Such e-mail will extend the current terms of the MOU to a mutually agreeable date in the future without the need for further action by the parties. 5. Nothing in this MOU shall be deemed to establish a precedent or past practice, or a waiver of the obligation to negotiate terms and conditions of employment. IN WITNESS WHEREOF, the parties have executed the Agreement on the respective dates as set forth opposite their respective signatures. CITY OF EAGAN Dated: ________________ By: ________________________ Mike Maguire Mayor Dated: ________________ By: _______________________ Christina Scipioni City Clerk Dated: ________________ By: _______________________ Jesse Swenson Human Resources Manager LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 170 Dated: By: May 19, 2020 Kevin McGrath Kevin McGrath Business Agent Agenda Information Memo May 19, 2020 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated May 1 and May 8, 2020, as presented. Attachments: (2) CC-1 Check register dated May 1, 2020 CC-2 Check register dated May 8, 2020 4/30/2020City of Eagan 15:29:44R55CKR2LOGIS102V 1Page -Council Check Register by GL Check Register w GL Date & Summary 5/1/20204/27/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212741 5/1/2020 156283 AED PROFESSIONALS 824.00 COVID-MEDICAL RESPONSE 314505 75344 1214.62224/30/2020 Medical/Rescue/Safety Supplies Emergency management 824.00 212742 5/1/2020 156294 ANDREN, LAURA 475.00 REFUND DUE TO COVID-19 314506 1315541 3001.22504/30/2020 Escrow Deposits General/Admn-Recreation 475.00 212743 5/1/2020 100360 APPLE FORD LINCOLN APPLE VALLEY 60.35 WO 270 314507 488737 9001.14154/30/2020 Inventory - Parts General Fund 21.18 WO 267 314508 69711 9001.14154/30/2020 Inventory - Parts General Fund 48.86 WO 268 314509 488736 9001.14154/30/2020 Inventory - Parts General Fund 2.53 WO 268 314510 488790 9001.14154/30/2020 Inventory - Parts General Fund 21.12 WO 268 314511 488731 9001.14154/30/2020 Inventory - Parts General Fund 154.04 212744 5/1/2020 144673 ARCADE ELECTRIC 3,190.00 ARCADE ELECTRIC, GARAGE FAN 314512 11456 5041.63104/30/2020 Professional Services-General Phase 1-PD,Garage,&Traing room 3,190.00 212745 5/1/2020 121083 ASPEN MILLS 537.22 NEW HIRE UNIFORMS-HUNTINGTON 314513 255814 1221.62244/30/2020 Clothing/Personal Equipment Administration-Fire 199.50 NEW HIRE UNIFORM-BURGETT 314514 255815 1221.62244/30/2020 Clothing/Personal Equipment Administration-Fire 736.72 212746 5/1/2020 100010 ASTLEFORD EQUIP CO INC 216.47 WO 273 314515 T430327 9001.14154/30/2020 Inventory - Parts General Fund 216.47 212747 5/1/2020 150918 B & F FASTENER SUPPLY CO. 674.98 BOLTS FOR STORM LS 314516 10279379-00 6439.62604/30/2020 Utility System Parts/Supplies Lift Station Maintenanc/Repair 30.73 HYDRANT REPAIR 314517 10279788-00 6144.62604/30/2020 Utility System Parts/Supplies Hydrant Maintenance/Repair 705.71 212748 5/1/2020 100487 BARR ENGINEERING CO 2,793.25 ENGINEERING SERVICES 314518 23191139.20-4 6541.6712 P13794/30/2020 Project - Engineering Capital Proj-Renew&Repl-cr1126 6,306.08 ENGINEERING SERVICES 314518 23191139.20-4 6541.6712 P13804/30/2020 Project - Engineering Capital Proj-Renew&Repl-cr1126 4,520.65 ENGINEERING SERVICES 314518 23191139.20-4 6541.6712 P13814/30/2020 Project - Engineering Capital Proj-Renew&Repl-cr1126 10,663.96 ENGINEERING SERVICES 314518 23191139.20-4 6541.6712 P13824/30/2020 Project - Engineering Capital Proj-Renew&Repl-cr1126 2,045.50 ENGINEERING SERVICES 314518 23191139.20-4 6541.6712 P13834/30/2020 Project - Engineering Capital Proj-Renew&Repl-cr1126 320.00 ENGINEERING SERVICES 314518 23191139.20-4 6541.6712 P13844/30/2020 Project - Engineering Capital Proj-Renew&Repl-cr1126 4/30/2020City of Eagan 15:29:44R55CKR2LOGIS102V 2Page -Council Check Register by GL Check Register w GL Date & Summary 5/1/20204/27/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212748 5/1/2020 100487 BARR ENGINEERING CO Continued... 320.00 ENGINEERING SERVICES 314518 23191139.20-4 6541.6712 P13854/30/2020 Project - Engineering Capital Proj-Renew&Repl-cr1126 26,969.44 212749 5/1/2020 100016 BAUER BUILT 209.52 VEH. 385 314519 180260839 9001.14154/30/2020 Inventory - Parts General Fund 359.80 TRAILER TIRES 314559 180260771 9001.14154/30/2020 Inventory - Parts General Fund 569.32 212750 5/1/2020 102737 BDS LAUNDRY SYSTEMS 4,528.75 FS4 REMOD LINEN WASH 314560 V395436 9352.66604/30/2020 Office Furnishings & Equipment Fire Station 4 Remodel 4,528.75 212751 5/1/2020 143561 BLUE TARP FINANCIAL 369.83 HARDWARE 314561 0035014385 3127.62204/30/2020 Operating Supplies - General Equipment Maintenance/Repair 369.83 212752 5/1/2020 155077 CAPITAL CITY FIREFIGHTER'S ASSOCIATION 50.00 CAPITOL CITY FIRE REG MEMBER 314562 101 1221.64774/30/2020 Local Meeting Expenses Administration-Fire 50.00 212753 5/1/2020 151299 CINTAS 112.34 SHOP TOWELS 314563 4048794911 2401.62414/30/2020 Shop Materials Gen/Adm-Central Services 201.42 SHOP TOWELS 314564 4048795006 2401.62414/30/2020 Shop Materials Gen/Adm-Central Services 313.76 212754 5/1/2020 142286 COMCAST 227.04 COMCAST 4/29/20-5/28/20 314565 877210508043374 7-041920 6807.63474/30/2020 Telephone Service & Line Charg Fitness Center 227.04 212755 5/1/2020 150880 CORE & MAIN LP 3,820.00 WATER METERS FOR INVENTORY 314566 M200809 6161.62604/30/2020 Utility System Parts/Supplies Meter Replacement 123.62 FITTING FOR STP PLATE SETTLER 314567 M205564 6155.62604/30/2020 Utility System Parts/Supplies South Plant Production 3,943.62 212756 5/1/2020 100447 DALCO 329.00 COVID-19 314568 3598529 3312.62234/30/2020 Building/Cleaning Supplies Emergency management 119.00 COVID-19 314569 3599422 3312.62234/30/2020 Building/Cleaning Supplies Emergency management 365.84 CUSTODIAL SUPPLIES 314570 4663131 3316.62234/30/2020 Building/Cleaning Supplies Police 1,089.58 CUSTODIAL SUPPLIES 314571 3553920 6827.62234/30/2020 Building/Cleaning Supplies Building Maintenance 4/30/2020City of Eagan 15:29:44R55CKR2LOGIS102V 3Page -Council Check Register by GL Check Register w GL Date & Summary 5/1/20204/27/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212756 5/1/2020 100447 DALCO Continued... 1,903.42 212757 5/1/2020 104566 DANSON, LOREN 104.97 CLOTHING ALLOWANCE 314572 042620 3201.21154/30/2020 Clothing Allowance Administrative/General 104.97 212758 5/1/2020 100554 DIESEL COMPONENTS INC 6.94 VEH 1210 314573 170357 9001.14154/30/2020 Inventory - Parts General Fund 6.94 212759 5/1/2020 108624 EBERT CONSTRUCTION 187,095.17 CONT 18-06 PMT 24 314574 042920 5043.67104/30/2020 Project - Contract Phase 2-City Hall 187,095.17 212760 5/1/2020 101006 EMERGENCY AUTO TECHNOLOGIES 1,885.20 PER PO 314575 DL040620-22 3511.66804/30/2020 Mobile Equipment Equip Rev Fd-Dept 11 153.30 PER PO 314576 DL031320-22 3511.66804/30/2020 Mobile Equipment Equip Rev Fd-Dept 11 602.45 INVOICE 314577 DL041420-22 3511.66804/30/2020 Mobile Equipment Equip Rev Fd-Dept 11 1,255.11 PER WORKORDER 314578 DL041320-20 3511.66804/30/2020 Mobile Equipment Equip Rev Fd-Dept 11 904.80 VECHI. 1140 314579 DL04142022A 9001.14154/30/2020 Inventory - Parts General Fund 362.24 VEH 109 314580 DL041320-25 9001.14154/30/2020 Inventory - Parts General Fund 5,163.10 212761 5/1/2020 100466 EMERGENCY MEDICAL PRODUCTS INC 246.32 PANDEMIC SUPPLIES 314581 2156750 1118.62204/30/2020 Operating Supplies - General Emergency management 246.32 212762 5/1/2020 100451 FASTENAL COMPANY 153.29 NTP TOUCH UP PAINT 314582 MNTC1244533 6146.62604/30/2020 Utility System Parts/Supplies North Plant Building 153.29 212763 5/1/2020 122976 FIRE SAFETY USA INC. 1,736.25 REPAIRS-UNIT 1202 314583 133648 1224.64254/30/2020 Mobile Equipment Repair Labor Engineer 750.00 REPAIRS-UNIT 1202 314584 133655 1224.64254/30/2020 Mobile Equipment Repair Labor Engineer 2,486.25 212764 5/1/2020 143971 FLEETPRIDE 137.20 VEHICLE MAINT 314585 49946832 2244.62204/30/2020 Operating Supplies - General Street Equipment Repair/Mtn 137.20 4/30/2020City of Eagan 15:29:44R55CKR2LOGIS102V 4Page -Council Check Register by GL Check Register w GL Date & Summary 5/1/20204/27/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212765 5/1/2020 100157 FORCE AMERICA INC Continued... 251.63 VEH 146 314586 001-1436043 9001.14154/30/2020 Inventory - Parts General Fund 251.63 212766 5/1/2020 111040 FORKLIFTS OF MINNESOTA, INC. 545.00 FORKLIFT FOR TURF REMOVAL 314587 01R7724600 6602.64574/30/2020 Machinery & Equipment-Rental Equipment Repair & Maint. 545.00 212767 5/1/2020 147955 GALLS LLC 201.90-UNIFORM MASON 314588 015497017 1104.62244/30/2020 Clothing/Personal Equipment Patrolling/Traffic 30.30 UNIFORM ELENZ 314589 015472908 1104.62244/30/2020 Clothing/Personal Equipment Patrolling/Traffic 184.55 UNIFORM MASON 314590 015513352 1104.62244/30/2020 Clothing/Personal Equipment Patrolling/Traffic 201.90 UNIFORM JOHNSON 314591 015513635 1104.62244/30/2020 Clothing/Personal Equipment Patrolling/Traffic 13.50 UNIFORM BOUGHTON 314592 015513643 1104.62244/30/2020 Clothing/Personal Equipment Patrolling/Traffic 13.50 UNIFORM CYTRYSZEWSKI 314593 015513644 1104.62244/30/2020 Clothing/Personal Equipment Patrolling/Traffic 13.50 UNIFORM FANCHER 314594 015513645 1105.62244/30/2020 Clothing/Personal Equipment Investigation/Crime Prevention 13.50 UNIFORM SCHNEIDER 314595 015513646 1105.62244/30/2020 Clothing/Personal Equipment Investigation/Crime Prevention 69.40 UNIFORM REZNY 314596 015513695 1104.62244/30/2020 Clothing/Personal Equipment Patrolling/Traffic 176.76 UNIFORM NEW OFFICERS 314597 015523450 1104.62244/30/2020 Clothing/Personal Equipment Patrolling/Traffic 43.60 UNIFORM BOUGHTON 314598 015533536 1104.62244/30/2020 Clothing/Personal Equipment Patrolling/Traffic 54.50 UNIFORM ELENZ 314599 015534904 1104.62244/30/2020 Clothing/Personal Equipment Patrolling/Traffic 26.15 UNIFORM ELENZ 314600 015538117 1104.62244/30/2020 Clothing/Personal Equipment Patrolling/Traffic 123.30 GOBAGS 314601 015541994 1104.62264/30/2020 Public Safety Supplies Patrolling/Traffic 198.60 UNIFORM SUPPLY ROOM STOCK 314602 015542913 1104.62244/30/2020 Clothing/Personal Equipment Patrolling/Traffic 613.80 UNIFORM NEW OFFICERS 314603 015550691 1104.62244/30/2020 Clothing/Personal Equipment Patrolling/Traffic 46.50 UNIFORM MCCARTY 314604 015550692 1104.62244/30/2020 Clothing/Personal Equipment Patrolling/Traffic 1,621.46 212768 5/1/2020 141861 GEARGRID CORPORATION 7,767.00 GEARGRID FS4 DORM LOCKERS 314605 0018603-IN 9352.66604/30/2020 Office Furnishings & Equipment Fire Station 4 Remodel 7,767.00 212769 5/1/2020 100465 GERTEN GREENHOUSES 269.85 SOD DAMAGE REPAIR 314606 5630 /12 2240.62564/30/2020 Snow Removal/Ice Control Suppl Street Plowing/Sanding 699.38 BACKFILL MATERIALS 314607 11559 /7 6144.62554/30/2020 Street Repair Supplies Hydrant Maintenance/Repair 805.25 CHEMICAL (FOR MAINTENANCE)314608 6701 /12 3206.62444/30/2020 Chemicals & Chemical Products Chemical Appl-Plant Health Mgt 316.50 MULCH FOR HOLZ FARM 314609 63590 /6 3201.62504/30/2020 Landscape Material & Supplies Administrative/General 2,090.98 212770 5/1/2020 155033 GET PRESSED DRY CLEANING 26.49 WASHING DONATED MASKS 314610 A042134 1118.62204/30/2020 Operating Supplies - General Emergency management 4/30/2020City of Eagan 15:29:44R55CKR2LOGIS102V 5Page -Council Check Register by GL Check Register w GL Date & Summary 5/1/20204/27/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212770 5/1/2020 155033 GET PRESSED DRY CLEANING Continued... 26.49 212771 5/1/2020 102980 GILBERT MECHANICAL CONTRACTORS, INC. 876.00 HVAC REPAIR 314611 191703 3313.65354/30/2020 Other Contractual Services Fire Buildings 584.00 HVAC REPAIR 314612 191704 3313.65354/30/2020 Other Contractual Services Fire Buildings 1,460.00 212772 5/1/2020 100085 HARDWARE HANK 40.50 CHAINSAW REPAIR 314613 1896247 2272.62314/30/2020 Mobile Equipment Repair Parts Tree Trimming 71.90 CHAINSAW REPAIR 314614 1896249 2272.62314/30/2020 Mobile Equipment Repair Parts Tree Trimming 8.97 WO 156 314615 1896385 9001.14154/30/2020 Inventory - Parts General Fund 13.95 LUBRICANT - BAR OIL 314616 1897799 3222.62354/30/2020 Fuel, Lubricants, Additives Equipment Mtn 47.22 LUBRICANT - 2 CYCLE MIX 314617 1895896 3222.62354/30/2020 Fuel, Lubricants, Additives Equipment Mtn 182.54 212773 5/1/2020 100267 HAYES ELECTRIC 1,056.00 FLAG POLE LIGHTS 314618 4419 3104.64314/30/2020 Park Facility Repair-Labor Site Amenity Installation 1,056.00 212774 5/1/2020 100627 HOME DEPOT CREDIT SERVICES 96.29 SUPPLIES 314529 5012125 3127.62204/30/2020 Operating Supplies - General Equipment Maintenance/Repair 11.95 SUPPLIES 314530 5012151 3127.62354/30/2020 Fuel, Lubricants, Additives Equipment Maintenance/Repair 49.96 CMF PAINTING 314531 5012170 3304.62334/30/2020 Building Repair Supplies Bldg/Facilities Maintenance 17.62 SUPPLIES 314532 510509 3127.62234/30/2020 Building/Cleaning Supplies Equipment Maintenance/Repair 499.23 TOOLS 314533 5014258 3103.62404/30/2020 Small Tools Site Amenity Maintenance 51.50 PEP WAYFINDING SIGNS 314534 5014283 3201.62504/30/2020 Landscape Material & Supplies Administrative/General 30.94 TOOLS 314534 5014283 3201.62404/30/2020 Small Tools Administrative/General 45.32 WARMSTORAGE 314535 4014401 3106.62334/30/2020 Building Repair Supplies Structure Care & Maintenance 72.98 POLY FOR OAK WILT 314536 1014671 3201.62204/30/2020 Operating Supplies - General Administrative/General 11.20 WARMSTORAGE 314537 14733 3106.62204/30/2020 Operating Supplies - General Structure Care & Maintenance 18.43 GOAT HILL PARK 314538 14743 3106.62204/30/2020 Operating Supplies - General Structure Care & Maintenance 19.97 GOAT HILL PARK 314539 14752 3106.62404/30/2020 Small Tools Structure Care & Maintenance 18.26 WARMSTORAGE 314540 4791 3106.62334/30/2020 Building Repair Supplies Structure Care & Maintenance 23.88 SUPPLIES 314541 9014842 3106.62204/30/2020 Operating Supplies - General Structure Care & Maintenance 30.52 GOAT HILL PARK 314542 9014850 3106.62204/30/2020 Operating Supplies - General Structure Care & Maintenance 216.74 PEP WAYFINDING SIGNS 314543 9014856 3201.62504/30/2020 Landscape Material & Supplies Administrative/General 51.86 QUARRY 314544 8015013 3106.62334/30/2020 Building Repair Supplies Structure Care & Maintenance 114.70 MAILBOX REPAIR 314545 8013905 2240.62564/30/2020 Snow Removal/Ice Control Suppl Street Plowing/Sanding 9.97 MAILBOX REPAIR 314546 7014009 2240.62564/30/2020 Snow Removal/Ice Control Suppl Street Plowing/Sanding 20.23 STREET SIGN INSTALL SUPPLIES 314547 6014142 2242.62574/30/2020 Signs & Striping Material Signs-Installation & Mtn 4/30/2020City of Eagan 15:29:44R55CKR2LOGIS102V 6Page -Council Check Register by GL Check Register w GL Date & Summary 5/1/20204/27/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212774 5/1/2020 100627 HOME DEPOT CREDIT SERVICES Continued... 5.95 MAILBOX REPAIR 314548 1031204 2240.62564/30/2020 Snow Removal/Ice Control Suppl Street Plowing/Sanding 136.04 SQUAD BUILD REAR BOARDS 314549 1511298 3511.66804/30/2020 Mobile Equipment Equip Rev Fd-Dept 11 29.82 STORAGE BINS 314550 1511299 2401.62414/30/2020 Shop Materials Gen/Adm-Central Services 75.96 GRASS/PLOW DAMAGE REPAIR 314551 14723 2240.62204/30/2020 Operating Supplies - General Street Plowing/Sanding 93.91 SUPPLIES 314552 8090642 6603.62304/30/2020 Repair/Maintenance Supplies-Ge Building Repair & Maint. 65.45 SUPPLIES 314553 5090781 6603.62334/30/2020 Building Repair Supplies Building Repair & Maint. 98.42 SUPPLIES 314554 511406 6603.62334/30/2020 Building Repair Supplies Building Repair & Maint. 1,917.10 212775 5/1/2020 156289 HOME DEPOT PRO, THE 22.00 HOME DEPOT-SAFETY GLASSES 314619 545933962 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 10.08 HOME DEPOT-SPRAY BOTTLES 314620 545933954 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 32.08 212776 5/1/2020 101708 HONSA LIGHTING SALES & SVC. INC. 179.43 BALLASTS 314621 91560 3314.62334/30/2020 Building Repair Supplies Central Maintenance 179.43 212777 5/1/2020 100090 HOTSY EQUIPMENT OF MINNESOTA 265.35 INVENTORY 314622 67117 9001.14154/30/2020 Inventory - Parts General Fund 265.35 212778 5/1/2020 147212 HTCI EDAS FOX 65.97 FORENSIC CABLES 314623 438 1105.62204/30/2020 Operating Supplies - General Investigation/Crime Prevention 65.97 212779 5/1/2020 156295 IVERSON, LAURA 700.00 REFUND DUE TO COVID-19 314624 1315540 3001.22504/30/2020 Escrow Deposits General/Admn-Recreation 700.00 212780 5/1/2020 149654 KIESLERS POLICE SUPPLY 344.90 SIGHTS 314625 IN132434 1104.62264/30/2020 Public Safety Supplies Patrolling/Traffic 275.00 UNIFORM DEMO HOLSTERS 314626 IN132638 1104.62244/30/2020 Clothing/Personal Equipment Patrolling/Traffic 443.76 .223 PRACTICE 314627 IN132237 1104.62284/30/2020 Ammunition Patrolling/Traffic 1,063.66 212781 5/1/2020 100662 LAW ENFORCEMENT LABOR 4,216.00 PAYROLL ENDING 4/25/20 314520 OFFICERS/SRGS 4/25/20 9592.20264/30/2020 Ded Pay - Pol Off Unio Benefit Accrual 4,216.00 4/30/2020City of Eagan 15:29:44R55CKR2LOGIS102V 7Page -Council Check Register by GL Check Register w GL Date & Summary 5/1/20204/27/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212781 5/1/2020 100662 LAW ENFORCEMENT LABOR Continued... 212782 5/1/2020 100691 LEAGUE OF MINN CITIES 10.00 TRAINING FEES 314628 321002 1104.64764/30/2020 Conferences/Meetings/Training Patrolling/Traffic 10.00 212783 5/1/2020 146268 LIFE SUPPORT INNOVATIONS 230.10 AED SUPPLIES 314629 1847 1225.62224/30/2020 Medical/Rescue/Safety Supplies Fire / EMS Equipment 230.10 212784 5/1/2020 100116 MACQUEEN EQUIP 437.00 SEWER MAIN MAINTENANCE 314630 P26976 6238.62404/30/2020 Small Tools Sewer Main Maintenance 1,349.21 VEH 167 314631 P27025 9001.14154/30/2020 Inventory - Parts General Fund 1,786.21 212785 5/1/2020 145890 MANSFIELD OIL COMPANY 16,902.61 FUEL 314632 829848 9001.14114/30/2020 Inventory - Motor Fuels General Fund 16,902.61 212786 5/1/2020 139121 MARCO INC. 5,967.55 COPIERS/PRINTERS 314633 26867656 0301.65694/30/2020 Maintenance Contracts IT-Gen & Admn 655.69 COPIERS/PRINTERS 314633 26867656 6101.65694/30/2020 Maintenance Contracts Water -Administration 97.98 COPIERS/PRINTERS 314633 26867656 6501.65694/30/2020 Maintenance Contracts G/A - Water Quality 103.25 COPIERS/PRINTERS 314633 26867656 6601.65694/30/2020 Maintenance Contracts General/Administrative-Arena 712.22 COPIERS/PRINTERS 314633 26867656 6801.65694/30/2020 Maintenance Contracts General & Administrative 7,536.69 212787 5/1/2020 100118 MARKS TOWING 825.00 LABOR TO UNLOAD PRV VAULT 314634 539244 6152.64324/30/2020 Utility System Repair-Labor PRS Inspection/Maint/Repair 825.00 212788 5/1/2020 100664 MN CHILD SUPPORT 661.05 PAYROLL ENDING 4/25/20 314521 GARNISHMENT 4/25/20 9592.20304/30/2020 Ded Pay - Garnishments Benefit Accrual 354.86 PAYROLL ENDING 4/25/20 314522 GARNISHMENT 4/25/20-1 9592.20304/30/2020 Ded Pay - Garnishments Benefit Accrual 238.57 PAYROLL ENDING 4/25/20 314523 GARNISHMENT 4/25/20-2 9592.20304/30/2020 Ded Pay - Garnishments Benefit Accrual 297.64 PAYROLL ENDING 4/25/20 314524 GARNISHMENT 4/25/20-3 9592.20304/30/2020 Ded Pay - Garnishments Benefit Accrual 1,552.12 4/30/2020City of Eagan 15:29:44R55CKR2LOGIS102V 8Page -Council Check Register by GL Check Register w GL Date & Summary 5/1/20204/27/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212788 5/1/2020 100664 MN CHILD SUPPORT Continued... 212789 5/1/2020 120087 MN ENERGY RESOURCES CORP 146.79 FIRE STATION 3 314635 0502709856-0000 1-APR20 3313.64104/30/2020 Natural Gas Service Fire Buildings 4,014.96 NORTH TREATMENT PLANT 314636 0505460873-0000 1-APR20 6146.64104/30/2020 Natural Gas Service North Plant Building 65.43 WELL #3 314637 0505460873-0000 2-APR20 6146.64104/30/2020 Natural Gas Service North Plant Building 60.84 HOLZ FARM 314638 0506678453-0000 1-APR20 3106.64104/30/2020 Natural Gas Service Structure Care & Maintenance 4,288.02 212790 5/1/2020 100663 MN TEAMSTERS 320 1,021.00 PAYROLL ENDING 4/25/20 314525 CLERICAL 4/25/20 9592.20294/30/2020 Ded Pay - Clerical Union Dues Benefit Accrual 2,725.41 PAYROLL ENDING 4/25/20 314526 PUB WKS MAINT 4/25/20 9592.20274/30/2020 Ded Pay - Pub Wks Union Dues Benefit Accrual 3,746.41 212791 5/1/2020 125742 NATIONAL DRIVE 2.00 PAYROLL ENDING 4/25/20 314527 042520 9592.20374/30/2020 Ded Payable-Teamsters DRIVE Benefit Accrual 2.00 212792 5/1/2020 100868 NEENAH FOUNDRY CO 285.00 MAINBREAK RESTORATION 314639 364898 6160.62604/30/2020 Utility System Parts/Supplies Main Maintenance/Repair 285.00 212793 5/1/2020 122435 OFFICE DEPOT (R) 51.78 TOWEL CLEANER ETC 314640 481887123001 9695.62104/30/2020 Office Supplies Dakota Co Drug Task Force 51.78 212794 5/1/2020 108599 OFFICE DEPOT, INC. 462.70 OUTREACH SUPPLIES 314641 482649323001 3071.62274/30/2020 Recreation Equipment/Supplies MN State Arts Board 55.00 OUTREACH SUPPLIES 314642 482673781001 3071.62274/30/2020 Recreation Equipment/Supplies MN State Arts Board 121.94 PD OFFICE SUPPLIES 314643 481539511001 1107.62104/30/2020 Office Supplies Support Services 28.23 PD OFFICE SUPPLIES 314644 481928983001 1107.62104/30/2020 Office Supplies Support Services 667.87 212795 5/1/2020 100361 R & R SPECIALTIES INC 9,500.00 BATTERIES FOR ZAM, R/R 314645 0070272-IN 6617.66404/30/2020 Machinery/Equipment Capital Replacement (cr1114) 4/30/2020City of Eagan 15:29:44R55CKR2LOGIS102V 9Page -Council Check Register by GL Check Register w GL Date & Summary 5/1/20204/27/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212795 5/1/2020 100361 R & R SPECIALTIES INC Continued... 672.60 ZAMBONI REPAIR PARTS 314645 0070272-IN 6602.62304/30/2020 Repair/Maintenance Supplies-Ge Equipment Repair & Maint. 10,172.60 212796 5/1/2020 143557 RANDSTAD (R) 1,410.00 ADMIN ASSIST 4/12-4/18/20 314646 R26789530 9695.65614/30/2020 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 1,410.00 212797 5/1/2020 156293 ROCK MILLS ENTERPRISES 406.00 INVENTORY 314647 13010 9001.14154/30/2020 Inventory - Parts General Fund 406.00 212798 5/1/2020 146362 SAVATREE 1,344.00 OAK WILT MANAGEMENT 314648 7187383 3203.65354/30/2020 Other Contractual Services Park Tree Management 1,344.00 212799 5/1/2020 100191 SHERWIN WILLIAMS 168.20 NTP WELL PAINT PIPE 314649 9775-0 6148.62334/30/2020 Building Repair Supplies North Well Field 23.19 PAINT SUPPLIES 314650 0469.2 6148.62334/30/2020 Building Repair Supplies North Well Field 596.57 314651 0468-4 6156.62334/30/2020 Building Repair Supplies South Well Field 120.28 LANDSCAPE TRAILER SETUP 314652 8725-2 3201.66704/30/2020 Other Equipment Administrative/General 908.24 212800 5/1/2020 155590 SIMON'S APPLIANCE 20.00 DISHWASHER CORD 314653 94564 9352.66604/30/2020 Office Furnishings & Equipment Fire Station 4 Remodel 20.00 212801 5/1/2020 109851 SOFTWARE HOUSE INTERNATIONAL INC. 9,400.00 SOFTWARE RENEWAL 314654 B11638165 0301.65694/30/2020 Maintenance Contracts IT-Gen & Admn 776.00 AIRWATCH SFTW MAINTENANCE 314655 B11643024 0301.65694/30/2020 Maintenance Contracts IT-Gen & Admn 10,176.00 212802 5/1/2020 114471 SPRINT 14.26 POLICE STREET POST 314656 204988812-149 1104.63494/30/2020 Teleprocessing Equipment Patrolling/Traffic 14.26 212803 5/1/2020 140048 TESSMER, ERIC 169.99 UNIFORM TESSMER 314657 041420 1104.62244/30/2020 Clothing/Personal Equipment Patrolling/Traffic 169.99 212804 5/1/2020 148563 THEIS INC, JL 4/30/2020City of Eagan 15:29:44R55CKR2LOGIS102V 10Page -Council Check Register by GL Check Register w GL Date & Summary 5/1/20204/27/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212804 5/1/2020 148563 THEIS INC, JL Continued... 45,537.48 SHADE STRUCTURES R/R 314658 2232 6724.66704/30/2020 Other Equipment Capital Replacement(Cr 1114) 45,537.48 212805 5/1/2020 146840 TISOR, JEFF 39.18 CLOTHING ALLOWANCE - TISOR 314659 040820 6101.21154/30/2020 Clothing Allowance Water -Administration 39.18 212806 5/1/2020 144576 TRACKER PRODUCTS LLC (R) 1,443.00 ANNUAL LICENSE 1-4 2021 314660 TPIN\6002661 9695.14314/30/2020 Prepaid Expenses - Current Dakota Co Drug Task Force 2,886.00 ANNUAL LICENSE 5-12 2020 314660 TPIN\6002661 9695.64804/30/2020 Licenses, Permits and Taxes Dakota Co Drug Task Force 4,329.00 212807 5/1/2020 100223 TRI STATE BOBCAT 47.29 REPAIR PARTS 314661 P31523 3127.62314/30/2020 Mobile Equipment Repair Parts Equipment Maintenance/Repair 195.61 CONCRETE SAW REPAIR 314662 P31381 2244.62314/30/2020 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 31.96 CONCRETE SAW FUEL 314662 P31381 2220.62354/30/2020 Fuel, Lubricants, Additives Bituminous Surface Maint 65.95 INVENTORY 314663 P32145 9001.14154/30/2020 Inventory - Parts General Fund 340.81 212808 5/1/2020 100232 UHL CO INC 387.50 REPAIRED GATE ACCESS CONTROL 314664 21744 0301.62304/30/2020 Repair/Maintenance Supplies-Ge IT-Gen & Admn 219.50 SERVICE FIRE CODE 314665 22451 6146.64274/30/2020 Building Operations/Repair-Lab North Plant Building 607.00 212809 5/1/2020 120163 ULINE INC. 1,687.40 STORAGE BINS BOTH PLANTS 314666 118811183 6146.62334/30/2020 Building Repair Supplies North Plant Building 1,000.00 STORAGE BINS BOTH PLANTS 314666 118811183 6154.62334/30/2020 Building Repair Supplies South Plant Building 2,687.40 212810 5/1/2020 100706 WAL MART 7.98 SUPPLIES 314555 008335-031620 1104.62264/30/2020 Public Safety Supplies Patrolling/Traffic 5.88 SUPPLIES 314556 002647 1104.62204/30/2020 Operating Supplies - General Patrolling/Traffic 13.86 212811 5/1/2020 140713 WHITE BEAR LAKE EXTENDED DAY 225.00 GROUP RETURN COV19 314667 1315614 6708.43164/30/2020 Group Sales-Taxable Group 225.00 212812 5/1/2020 113476 WISCONSIN SUPPORT COLLECTIONS TRUST FUND 363.81 PAYROLL ENDING 4/25/20 314528 GARNISHMENT 9592.20304/30/2020 Ded Pay - Garnishments Benefit Accrual 4/30/2020City of Eagan 15:29:44R55CKR2 LOGIS102V 11Page -Council Check Register by GL Check Register w GL Date & Summary 5/1/20204/27/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212812 5/1/2020 113476 WISCONSIN SUPPORT COLLECTIONS TRUST FUND Continued... 4/25/20 363.81 20200317 4/30/2020 100693 EAGAN PAYROLL ACCT 800,903.77 PAYROLL ENDING 4/25/20 314558 043020 9001.11154/30/2020 Claim on Cash General Fund 11,322.83 PAYROLL ENDING 4/25/20 314558 043020 9197.11154/30/2020 Claim on Cash ETV 81,395.02 PAYROLL ENDING 4/25/20 314558 043020 9220.11154/30/2020 Claim on Cash Public Utilities 12,854.96 PAYROLL ENDING 4/25/20 314558 043020 9221.11154/30/2020 Claim on Cash Civic Arena 3,777.53 PAYROLL ENDING 4/25/20 314558 043020 9222.11154/30/2020 Claim on Cash Cascade Bay 23,026.56 PAYROLL ENDING 4/25/20 314558 043020 9223.11154/30/2020 Claim on Cash Central Park/Community Center 61,397.12 PAYROLL ENDING 4/25/20 314558 043020 9592.11154/30/2020 Claim on Cash Benefit Accrual 43,914.93 PAYROLL ENDING 4/25/20 314558 043020 9592.61444/30/2020 FICA Benefit Accrual 1,038,592.72 20203556 4/30/2020 121803 US BANK - AUTOPAY 96.00 PSISERVICESTRNGCERTIFICATION 314287 4926 072200 3/9 1104.64764/30/2020 Conferences/Meetings/Training Patrolling/Traffic 160.00 PSISERVICESTRNGCERTIFICATION 314288 4926 092208 3/11 1104.64764/30/2020 Conferences/Meetings/Training Patrolling/Traffic 129.21 COURTYARDTRNGLODGING 314289 4884 050080 3/14 1104.64764/30/2020 Conferences/Meetings/Training Patrolling/Traffic 4.00 STCLOUDPARKINGTRNGPARKING 314290 4884 016288 3/13 1104.64764/30/2020 Conferences/Meetings/Training Patrolling/Traffic 12.84 COURTYARDTRNGMEAL 314291 4884 085646 3/13 1104.64764/30/2020 Conferences/Meetings/Training Patrolling/Traffic 160.00 PSISERVICESTRNGCERTIFICATION 314292 4926 070421 3/11 1104.64764/30/2020 Conferences/Meetings/Training Patrolling/Traffic 39.96 PPE/CLEANING SUPPLIES 314293 8997 066380 3/6 1118.62204/30/2020 Operating Supplies - General Emergency management 104.04 EMERG MEDICAL PRODUCTS 314294 8997 061415 3/28 1118.62204/30/2020 Operating Supplies - General Emergency management 246.32 EMERG MEDICAL PRODUCTS 314295 8997 049526 3/28 1118.62204/30/2020 Operating Supplies - General Emergency management 52.56 EMERG MEDICAL PRODUCTS 314296 8997 062906 3/29 1118.62204/30/2020 Operating Supplies - General Emergency management 262.80 EMERG MEDICAL PRODUCTS 314297 8997 016833 3/29 1118.62204/30/2020 Operating Supplies - General Emergency management 192.04 AMAZON-BATTERIES 314298 8997 064169 3/16 1104.62264/30/2020 Public Safety Supplies Patrolling/Traffic 51.74 AMAZON-PHONE SUPPLIES 314299 8997 053021 3/8 1104.62384/30/2020 Communication System Parts Patrolling/Traffic 201.69 US MEDIAL SURGICAL-WIPES 314300 8997 076040 3/9 1118.62204/30/2020 Operating Supplies - General Emergency management 41.97 SHERWIN WILLIAMS-MASKS 314301 8997 025399 1118.62204/30/2020 Operating Supplies - General Emergency management 5/15/2020 4/30/2020City of Eagan 15:29:44R55CKR2LOGIS102V 12Page -Council Check Register by GL Check Register w GL Date & Summary 5/1/20204/27/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20203556 4/30/2020 121803 US BANK - AUTOPAY Continued... 3/19 26.10 SHERWIN WILLIAMS-MASKS 314302 8997 013937 3/19 1118.62204/30/2020 Operating Supplies - General Emergency management 2,445.36 MK BATTERY-SIREN BATTERIES 314303 8997 057657 3/23 1106.65694/30/2020 Maintenance Contracts Emergency preparedness 297.60 DELTA GLOVES- NITRILE GLOVES 314304 8997 054823 3/24 1118.62204/30/2020 Operating Supplies - General Emergency management 97.46 CHUCK&DONS DOG FOOD 314305 4670 056515 3/18 9695.62264/30/2020 Public Safety Supplies Dakota Co Drug Task Force 8.40 USPS RAMSEY CNTY ATTORNEY 314306 5959 074445 3/30 9695.63464/30/2020 Postage Dakota Co Drug Task Force 5.60 USPS 314307 5959 059376 4/3 9695.63464/30/2020 Postage Dakota Co Drug Task Force 687.33 FEB 2020 WASTE REMOVAL 314308 5959 045459 3/26 9695.65394/30/2020 Waste Removal/Sanitation Servi Dakota Co Drug Task Force 275.00 MENARDS HYDRANT INSPECTION 314309 7932 085465 3/27 6168.62404/30/2020 Small Tools Hydrant Inspection/Operation 188.15 MENARDS CUSTOMER SERVICE 314309 7932 085465 3/27 6131.62604/30/2020 Utility System Parts/Supplies Water Customer Service 295.94 NORTHERN TOOL HYDRANT INSPECTI 314310 7932 082681 3/27 6168.62404/30/2020 Small Tools Hydrant Inspection/Operation 379.96 NORTHERN TOOL HYDRANT INSPECTI 314311 7932 065291 3/27 6168.62404/30/2020 Small Tools Hydrant Inspection/Operation 20.00 DOL-LICENSE RENEWAL-HEIL 314312 3987 037979 3/17 6101.64804/30/2020 Licenses, Permits and Taxes Water -Administration 50.00-ATSSA WZ TRAF CONT 314313 6280 00000N 3/6 2010.64764/30/2020 Conferences/Meetings/Training General Engineering 10.65 MENARDS SPRAY BTLS SANITIZER 314314 6280 059002 3/28 2254.62224/30/2020 Medical/Rescue/Safety Supplies Emergency management 4.14 DOLLAR TREE SAN AND WIPES 314315 6280 056539 3/28 2254.62224/30/2020 Medical/Rescue/Safety Supplies Emergency management 10.00 KWIK TRIP FUEL 314316 6280 073405 3/31 2254.62224/30/2020 Medical/Rescue/Safety Supplies Emergency management 15.05 DOLLAR TREE SAN BOTTLES 314317 6280 073443 4/1 2254.62224/30/2020 Medical/Rescue/Safety Supplies Emergency management 8.60 DOLLAR TREE SAN BOTTLES 314318 6280 041261 4/1 2254.62224/30/2020 Medical/Rescue/Safety Supplies Emergency management 7.27 WALGREENS BATT FOR WLDG HELMET 314319 6280 073205 4/1 2401.62414/30/2020 Shop Materials Gen/Adm-Central Services 624.00-ESRI DEV SUMM REFUND 314320 6280 036820 3/30 2010.64764/30/2020 Conferences/Meetings/Training General Engineering 500.00-ESRI DEV SUMM REFUND 314320 6280 036820 3/30 6101.64764/30/2020 Conferences/Meetings/Training Water -Administration 500.00-ESRI DEV SUMM REFUND 314320 6280 036820 6501.64764/30/2020 Conferences/Meetings/Training G/A - Water Quality 4/30/2020City of Eagan 15:29:44R55CKR2LOGIS102V 13Page -Council Check Register by GL Check Register w GL Date & Summary 5/1/20204/27/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20203556 4/30/2020 121803 US BANK - AUTOPAY Continued... 3/30 42.91 HOME DEPOT 314321 7965 051971 3/6 6147.62404/30/2020 Small Tools North Plant Production 102.93 HD-TOOLS METER INSTALL WELL 5 314322 7965 000657 3/9 6156.62404/30/2020 Small Tools South Well Field 290.00-CLASS CANCELED DUE TO COVID 19 314323 7965 046642 4/1 6103.64764/30/2020 Conferences/Meetings/Training Training & Education 25.74 AMZN - MIKE'S IPHONE CASE 314324 2882 031184 3/7 6827.62204/30/2020 Operating Supplies - General Building Maintenance 19.95 TARGET-MUFFINS FOR SNACK 314325 1987 089978 3/10 3057.62274/30/2020 Recreation Equipment/Supplies Preschool Programs 466.30 HEJNY RENTAL SKY INSULATION 314326 5486 067249 3/10 2809.67564/30/2020 Building & Structures Skyhill Park 109.85 HD-COVID-MEDICAL RESPONSE 314327 8887 018102 3/15 1214.62224/30/2020 Medical/Rescue/Safety Supplies Emergency management 128.79 HD-MISC STATION SUPPLIES 314328 0943 071152 3/14 1225.62304/30/2020 Repair/Maintenance Supplies-Ge Fire / EMS Equipment 21.04 HD-MISC TRAINING PARTS 314329 0992 031824 3/23 1223.62204/30/2020 Operating Supplies - General Training Fire & EMS 23.92 HD-MISC REPAIR SUPPLIES 314330 0992 025146 4/3 1225.62304/30/2020 Repair/Maintenance Supplies-Ge Fire / EMS Equipment 8.98 HYVEE - COUNCIL MEAL 314331 2601 058169 3/10 0101.64774/30/2020 Local Meeting Expenses Legislative/Policy Development 78.70 DAVANNIS COUNCIL MEAL 314332 2601 071749 3/10 0101.64774/30/2020 Local Meeting Expenses Legislative/Policy Development 86.67 KOWALSKI COUNCIL MEAL 314333 2601 048085 3/12 0101.64774/30/2020 Local Meeting Expenses Legislative/Policy Development 86.67-KOWALSKI COUNCIL MEAL 314334 2601 031620 3/16 0101.64774/30/2020 Local Meeting Expenses Legislative/Policy Development 19.95 PAYFLOW CC CHARGES 314335 0088 014864 4/3 0301.65694/30/2020 Maintenance Contracts IT-Gen & Admn 750.00 ASANA.COM-GIS SOFTWARE 314336 0088 078000 3/30 0301.65694/30/2020 Maintenance Contracts IT-Gen & Admn 799.00 LIQUID FILES MAINT 314337 0088 043777 3/20 0301.65694/30/2020 Maintenance Contracts IT-Gen & Admn 86.00 FASTSPRING-SOFTWARE MAINT 314338 0088 044252 3/10 0301.65694/30/2020 Maintenance Contracts IT-Gen & Admn 27.45 UNIFORM CLEANING-RETURNED ITEM 314339 8676 081611 3/10 1221.62244/30/2020 Clothing/Personal Equipment Administration-Fire 621.60 GM-COVID-MEDICAL RESPONSE 314340 8676 059310 3/17 1214.62224/30/2020 Medical/Rescue/Safety Supplies Emergency management 167.04 AMAZON-COVID-MEDICAL RESPONSE 314341 8676 027390 3/20 1214.62224/30/2020 Medical/Rescue/Safety Supplies Emergency management 246.19 ZZQ-FOOD FOR WORKING CREWS 314342 8676 067290 3/24 1221.62204/30/2020 Operating Supplies - General Administration-Fire 4/30/2020City of Eagan 15:29:44R55CKR2LOGIS102V 14Page -Council Check Register by GL Check Register w GL Date & Summary 5/1/20204/27/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20203556 4/30/2020 121803 US BANK - AUTOPAY Continued... 520.20 ZZQ-FOOD FOR WORKING CREWS 314343 8676 042191 3/26 1221.62204/30/2020 Operating Supplies - General Administration-Fire 119.18-UDDERTECH-COVID-MED RESPONSE 314344 8676 088743 4/1 1214.62224/30/2020 Medical/Rescue/Safety Supplies Emergency management 1,208.86 UDDERTECH-COVID-MED RESPONSE 314345 8676 043605 4/1 1214.62224/30/2020 Medical/Rescue/Safety Supplies Emergency management 115.89 HD-MISC STATION SUPPLIES 314346 8676 037253 4/1 1225.62344/30/2020 Field/Other Equipment Repair Fire / EMS Equipment 154.99 N TOOL-MISC REPAIR SUPPLIES 314347 8676 023677 4/1 1225.62304/30/2020 Repair/Maintenance Supplies-Ge Fire / EMS Equipment 1,299.90 AMAZON-COVID-MEDICAL RESPONSE 314348 8676 018273 3/18 1214.62224/30/2020 Medical/Rescue/Safety Supplies Emergency management 126.00 ENSAFECO-SHELVES FOR STREETS 314349 7643 003641 3/11 2270.62224/30/2020 Medical/Rescue/Safety Supplies Building And Grounds-Mtn 45.00 ENSAFECO-SHIPPING FOR SHELVES 314350 7643 082470 3/18 2270.62224/30/2020 Medical/Rescue/Safety Supplies Building And Grounds-Mtn 113.99 BESTBUY-TABLET CASE FOR STREET 314351 7643 041924 3/16 2201.66704/30/2020 Other Equipment Gen/Adm-Streets 113.99-BESTBUY-TABLETCREDITNEWSHIP 314352 7643 031820 3/18 2201.66704/30/2020 Other Equipment Gen/Adm-Streets 113.99 BESTBUY-TABLET CASE FOR STREET 314353 7643 076609 3/18 2201.66704/30/2020 Other Equipment Gen/Adm-Streets 113.99 BESTBUY-TABLET CASE FOR STREET 314354 7643 078060 3/18 2201.66704/30/2020 Other Equipment Gen/Adm-Streets 113.99-BESTBUY-TABLETCREDITNEWSHIP 314355 7643 032220 3/22 2201.66704/30/2020 Other Equipment Gen/Adm-Streets 113.99 BESTBUY-TABLET CASE FOR STREET 314356 7643 083830 3/23 2201.66704/30/2020 Other Equipment Gen/Adm-Streets 350.00 LAWENFORCEMNTCAREERFAIRREGISTR 314357 0977 020402 3/12 1101.63104/30/2020 Professional Services-General General/Admn-Police 500.00-BCATRNGREGREFUND 314358 0977 031920 3/19 1104.64764/30/2020 Conferences/Meetings/Training Patrolling/Traffic 250.00-BCATRNGREGREFUND 314359 0977 0319201 3/19 1104.64764/30/2020 Conferences/Meetings/Training Patrolling/Traffic 250.00-BCATRNGREGREFUND 314360 0977 0319202 3/19 1104.64764/30/2020 Conferences/Meetings/Training Patrolling/Traffic 250.00-BCATRNGREGREFUND 314361 0977 0319203 3/19 1104.64764/30/2020 Conferences/Meetings/Training Patrolling/Traffic 275.00-BCATRNGREGREFUND 314362 0977 032720 3/27 1104.64764/30/2020 Conferences/Meetings/Training Patrolling/Traffic 275.00-BCATRNGREGREFUND 314363 0977 0327201 3/27 1104.64764/30/2020 Conferences/Meetings/Training Patrolling/Traffic 235.00-JPNIXONTRNGREGREFUND 314364 0977 040420 4/4 1104.64764/30/2020 Conferences/Meetings/Training Patrolling/Traffic 4/30/2020City of Eagan 15:29:44R55CKR2LOGIS102V 15Page -Council Check Register by GL Check Register w GL Date & Summary 5/1/20204/27/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20203556 4/30/2020 121803 US BANK - 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AUTOPAY Continued... 16.06 COSTCO-DISINFECTING WIPES 314458 2406 034223 3/18 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 16.06 COSTCO-DISINFECTING WIPES 314459 2406 024664 3/18 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 16.06 COSTCO-DISINFECTING WIPES 314460 2406 038471 3/18 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 16.06 COSTCO-DISINFECTING WIPES 314461 2406 084237 3/18 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 16.06 COSTCO-DISINFECTING WIPES 314462 2406 067905 3/18 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 16.06 COSTCO-DISINFECTING WIPES 314463 2406 074176 3/18 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 16.06 COSTCO-DISINFECTING WIPES 314464 2406 029683 3/18 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 16.06 COSTCO-DISINFECTING WIPES 314465 2406 094992 3/18 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 16.06 COSTCO-DISINFECTING WIPES 314466 2406 059866 3/18 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 16.06 COSTCO-DISINFECTING WIPES 314467 2406 038634 3/18 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 16.06 COSTCO-DISINFECTING WIPES 314468 2406 092040 3/18 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 16.06 COSTCO-DISINFECTING WIPES 314469 2406 088217 3/18 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 16.06 COSTCO-DISINFECTING WIPES 314470 2406 061241 3/18 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 16.06 COSTCO-DISINFECTING WIPES 314471 2406 085812 3/18 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 16.06 COSTCO-DISINFECTING WIPES 314472 2406 016532 3/18 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 16.06 COSTCO-DISINFECTING WIPES 314473 2406 007569 3/18 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 16.06 COSTCO-DISINFECTING WIPES 314474 2406 011772 3/18 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 16.06 COSTCO-DISINFECTING WIPES 314475 2406 021050 3/18 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 16.06 COSTCO-DISINFECTING WIPES 314476 2406 013861 3/18 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 16.06 COSTCO-DISINFECTING WIPES 314477 2406 056734 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 4/30/2020City of Eagan 15:29:44R55CKR2LOGIS102V 20Page -Council Check Register by GL Check Register w GL Date & Summary 5/1/20204/27/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20203556 4/30/2020 121803 US BANK - AUTOPAY Continued... 3/18 16.06 COSTCO-DISINFECTING WIPES 314478 2406 017661 3/18 1214.62304/30/2020 Repair/Maintenance Supplies-Ge Emergency management 268.07-PAYPAL-CONF. REFUND 314479 2406 020320 3/20 1221.64764/30/2020 Conferences/Meetings/Training Administration-Fire 50.07 ARBOR DAY - BARE HONEY 314480 3196 060378 3/10 3226.62204/30/2020 Operating Supplies - General Public Education/Education 144.70 MARS SUPPLY'S- GLOVES 314481 8997 052320 3/27 1118.62204/30/2020 Operating Supplies - General Emergency management 175.70 MARS SUPPLY'S- GLOVES 314482 8997 069192 3/27 1118.62204/30/2020 Operating Supplies - General Emergency management 102.23 MARS SUPPLY'S- GLOVES 314483 8997 043762 3/27 1118.62204/30/2020 Operating Supplies - General Emergency management 134.75 DMV-ENG TABS 314484 2760 091648 3/6 2190.64804/30/2020 Licenses, Permits and Taxes Gen Adm-Bldg/Equip/Mtn 673.75 DMV-STREETS TABS 314484 2760 091648 3/6 2244.64804/30/2020 Licenses, Permits and Taxes Street Equipment Repair/Mtn 1,039.50 DMV-PARKS TABS 314484 2760 091648 3/6 3124.64804/30/2020 Licenses, Permits and Taxes Court Maintenance/Set-up 187.00 DMV-POLICE TABS 314484 2760 091648 3/6 1104.64804/30/2020 Licenses, Permits and Taxes Patrolling/Traffic 317.25 DMV-FIRE TABS 314484 2760 091648 3/6 1224.64804/30/2020 Licenses, Permits and Taxes Engineer 96.25 DMV-FORESTRY TABS 314484 2760 091648 3/6 3124.64804/30/2020 Licenses, Permits and Taxes Court Maintenance/Set-up 134.75 DMV-COMM DEV TABS 314484 2760 091648 3/6 0802.64804/30/2020 Licenses, Permits and Taxes Vehicle Repair/Mtn-Inspections 19.25 DMV-CENT SERVICES TABS 314484 2760 091648 3/6 3124.64804/30/2020 Licenses, Permits and Taxes Court Maintenance/Set-up 19.25 DMV-COMMUNICATIONS TABS 314484 2760 091648 3/6 9701.64804/30/2020 Licenses, Permits and Taxes PEG-eligible 211.75 DMV-WATER TABS 314484 2760 091648 3/6 6101.64804/30/2020 Licenses, Permits and Taxes Water -Administration 385.00 DMV-SEWER TABS 314484 2760 091648 3/6 6201.64804/30/2020 Licenses, Permits and Taxes San Sewer-Administration 134.75 DMV-WATER QUALITY TABS 314484 2760 091648 3/6 6401.64804/30/2020 Licenses, Permits and Taxes Storm Sewer-Administration 482.08 NORTHFIELD BUS FOR SENIORS 314485 0751 030694 3/6 3078.65504/30/2020 Transportation Services Senior Citizens 298.70 ALLIANZ TRIP SENIORS 314486 0751 066059 3/16 3078.63284/30/2020 Special Events/Admission Fees Senior Citizens 150.00-MIA REFUND 314487 0751 032420 3/24 3078.63284/30/2020 Special Events/Admission Fees Senior Citizens 24.59 AMAZON-DROP BOX 314488 2760 027877 3/21 0402.62104/30/2020 Office Supplies Emergency management 465.99 PIER 1-STUDIO SUPPLIES 314489 9493 053455 3/12 3081.62274/30/2020 Recreation Equipment/Supplies Arts & Humanities Council 120.30 AMAZON-RIBBON FOR PASSES 314490 8676 024747 3/12 6701.62204/30/2020 Operating Supplies - General Season Pass 120.35 AMAZON - PRINTER SUPPLIES 314490 8676 024747 3/12 6801.62104/30/2020 Office Supplies General & Administrative 41.75 DMV - CC FEE FOR TAB RENEWALS 314491 2760 068240 3/6 2244.64804/30/2020 Licenses, Permits and Taxes Street Equipment Repair/Mtn 4/30/2020City of Eagan 15:29:44R55CKR2LOGIS102V 21Page -Council Check Register by GL Check Register w GL Date & Summary 5/1/20204/27/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20203556 4/30/2020 121803 US BANK - AUTOPAY Continued... 41.75 DMV - CC FEE FOR TAB RENEWALS 314491 2760 068240 3/6 3124.64804/30/2020 Licenses, Permits and Taxes Court Maintenance/Set-up 24.41 FACEBOOK OR SUMMER KICK OFF 314492 8178 020107 3/15 0901.63574/30/2020 Advertising/Publication Gen & Admin-Communications 29.00 SHUTTERSTOCK 314493 8178 057030 3/20 0901.63574/30/2020 Advertising/Publication Gen & Admin-Communications 124.57 HOBBYLOBBY-FLORAL FOR CMF 314494 7199 030933 3/5 3201.66304/30/2020 Other Improvements Administrative/General 12.70 PRAIRIEMOON-SEED COMM. CONNECT 314495 7199 054265 3/9 3201.66304/30/2020 Other Improvements Administrative/General 376.57 ELEY CORP-ECC HOSE REEL 314496 7199 060756 3/16 3201.62404/30/2020 Small Tools Administrative/General 47.97 HOBBYLOBBY-FLORAL FOR CMF 314497 7199 067950 3/13 3201.66304/30/2020 Other Improvements Administrative/General 18.17 CVS-DISINFECTANT 314498 7199 045739 3/31 3201.62204/30/2020 Operating Supplies - General Administrative/General 67.50 SA COMPANY-SAFETY SUPPLIES 314499 2511 097111 4/1 3170.62224/30/2020 Medical/Rescue/Safety Supplies General AdmIn-Parks 70.00 MPSTMA SEMINAR 314500 2511 068755 3/6 3170.64774/30/2020 Local Meeting Expenses General AdmIn-Parks 250.00 DOUGLAS SPORTS TENNIS REPAIR 314501 2511 005440 4/2 3124.62524/30/2020 Parks & Play Area Supplies Court Maintenance/Set-up 495.00 AXONTRNGREGTASERINSTRUCTOR 314502 7519 034824 3/10 1104.64764/30/2020 Conferences/Meetings/Training Patrolling/Traffic 724.17 STREICHERSUOFTRAININGSUPPLIES 314503 7519 002893 3/18 1104.62264/30/2020 Public Safety Supplies Patrolling/Traffic 183.16 STREICHERSUOFTRAININGSUPPLIES 314504 7519 099156 3/23 1104.62264/30/2020 Public Safety Supplies Patrolling/Traffic 27,647.42 20205617 4/30/2020 147907 SELECT ACCOUNT 4,162.97 FLEX REIMBURSEMENT 314557 043020 9592.22154/30/2020 Flex Plan Withholding Payable Benefit Accrual 4,162.97 1,451,062.60 Grand Total Payment Instrument Totals Checks 1,423,415.18 EFT Payments 27,647.42 Total Payments 1,451,062.60 4/30/2020City of Eagan 15:29:51R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 5/1/20204/27/2020 - Company Amount 878,094.5909001GENERAL FUND 12,348.6309197ETV 124,930.5309220PUBLIC UTILITIES 24,358.5809221CIVIC ARENA 49,676.4209222CASCADE BAY 25,271.3309223CENTRAL PARK /COMMUNITY CENTER 466.3009328PARK SYS DEV AND R&R 4,032.1009335EQUIPMENT REVOLVING 15,595.7509352Fire Station 4 Remodel 190,285.1709353POLICE & CITY HALL REMODEL 119,355.3609592BENEFIT ACCRUAL 6,647.8409695DAK CO DRUG TASK FORCE Report Totals 1,451,062.60 5/7/2020City of Eagan 16:52:14R55CKR2LOGIS102V 1Page -Council Check Register by GL Check Register w GL Date & Summary 5/8/20205/4/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212813 5/8/2020 139117 ABM ONSITE SERVICES-MIDWEST INC. 3,128.33 CUSTODIAL-APRIL 2020 314668 15021080 3316.65375/6/2020 Janitorial Service Police 3,485.18 CUSTODIAL-APRIL 2020 314668 15021080 3315.65375/6/2020 Janitorial Service City Hall 1,485.23 CUSTODIAL-APRIL 2020 314668 15021080 3313.65375/6/2020 Janitorial Service Fire Buildings 1,569.63 CUSTODIAL-APRIL 2020 314668 15021080 3314.65375/6/2020 Janitorial Service Central Maintenance 930.42 CUSTODIAL-APRIL 2020 314668 15021080 6101.65375/6/2020 Janitorial Service Water -Administration 10,598.79 212814 5/8/2020 156299 ADELMANN, NORBERT 5.47 14087-OVRPMT 1664 WOODGATE LN 314669 050120 9220.22505/6/2020 Escrow Deposits Public Utilities 5.47 212815 5/8/2020 142634 ADVANTAGE SIGNS & GRAPHICS INC. 316.97 MEMORIAL BENCH PLAQUES 314762 00042053 3110.62525/7/2020 Parks & Play Area Supplies Signage 316.97 212816 5/8/2020 150476 ALLSTREAM 187.37 TELEPHONE 314670 16797618 0501.63475/6/2020 Telephone Service & Line Charg General & Admn-Finance 220.83 TELEPHONE 314670 16797618 1108.63475/6/2020 Telephone Service & Line Charg Communications 86.99 TELEPHONE 314670 16797618 2460.63475/6/2020 Telephone Service & Line Charg Building And Grounds 53.53 TELEPHONE 314670 16797618 1221.63475/6/2020 Telephone Service & Line Charg Administration-Fire 46.44 TELEPHONE 314670 16797618 3106.63475/6/2020 Telephone Service & Line Charg Structure Care & Maintenance 46.44 TELEPHONE 314670 16797618 0301.63525/6/2020 Telephone Circuits IT-Gen & Admn 46.43 TELEPHONE 314670 16797618 0301.63525/6/2020 Telephone Circuits IT-Gen & Admn 46.43 TELEPHONE 314670 16797618 0301.63525/6/2020 Telephone Circuits IT-Gen & Admn 46.43 TELEPHONE 314670 16797618 0301.63525/6/2020 Telephone Circuits IT-Gen & Admn 46.44 TELEPHONE 314670 16797618 0301.63525/6/2020 Telephone Circuits IT-Gen & Admn 46.44 TELEPHONE 314670 16797618 3106.63475/6/2020 Telephone Service & Line Charg Structure Care & Maintenance 46.44 TELEPHONE 314670 16797618 3106.63475/6/2020 Telephone Service & Line Charg Structure Care & Maintenance 46.44 TELEPHONE 314670 16797618 3106.63475/6/2020 Telephone Service & Line Charg Structure Care & Maintenance 46.44 TELEPHONE 314670 16797618 3106.63475/6/2020 Telephone Service & Line Charg Structure Care & Maintenance 46.44 TELEPHONE 314670 16797618 3106.63475/6/2020 Telephone Service & Line Charg Structure Care & Maintenance 44.28 TELEPHONE 314670 16797618 3106.63475/6/2020 Telephone Service & Line Charg Structure Care & Maintenance 46.44 TELEPHONE 314670 16797618 3106.63475/6/2020 Telephone Service & Line Charg Structure Care & Maintenance 46.44 TELEPHONE 314670 16797618 3106.63475/6/2020 Telephone Service & Line Charg Structure Care & Maintenance 46.44 TELEPHONE 314670 16797618 3304.63475/6/2020 Telephone Service & Line Charg Bldg/Facilities Maintenance 46.44 TELEPHONE 314670 16797618 0301.63525/6/2020 Telephone Circuits IT-Gen & Admn 46.44 TELEPHONE 314670 16797618 0301.63525/6/2020 Telephone Circuits IT-Gen & Admn 46.44 TELEPHONE 314670 16797618 0301.63525/6/2020 Telephone Circuits IT-Gen & Admn 13.89 TELEPHONE 314670 16797618 0501.63475/6/2020 Telephone Service & Line Charg General & Admn-Finance 16.36 TELEPHONE 314670 16797618 1108.63475/6/2020 Telephone Service & Line Charg Communications 5/7/2020City of Eagan 16:52:14R55CKR2LOGIS102V 2Page -Council Check Register by GL Check Register w GL Date & Summary 5/8/20205/4/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212816 5/8/2020 150476 ALLSTREAM Continued... 6.45 TELEPHONE 314670 16797618 2460.63475/6/2020 Telephone Service & Line Charg Building And Grounds 3.97 TELEPHONE 314670 16797618 1221.63475/6/2020 Telephone Service & Line Charg Administration-Fire 56.06 TELEPHONE 314670 16797618 9116.63525/6/2020 Telephone Circuits Cedar Grove Parking Garage 56.06 TELEPHONE 314670 16797618 9116.63525/6/2020 Telephone Circuits Cedar Grove Parking Garage 56.05 TELEPHONE 314670 16797618 9116.63525/6/2020 Telephone Circuits Cedar Grove Parking Garage 56.05 TELEPHONE 314670 16797618 9116.63525/6/2020 Telephone Circuits Cedar Grove Parking Garage 56.05 TELEPHONE 314670 16797618 9116.63525/6/2020 Telephone Circuits Cedar Grove Parking Garage 56.05 TELEPHONE 314670 16797618 9116.63525/6/2020 Telephone Circuits Cedar Grove Parking Garage 20.08 TELEPHONE 314670 16797618 6101.63475/6/2020 Telephone Service & Line Charg Water -Administration 46.44 TELEPHONE 314670 16797618 6146.63475/6/2020 Telephone Service & Line Charg North Plant Building 46.43 TELEPHONE 314670 16797618 6146.63475/6/2020 Telephone Service & Line Charg North Plant Building 46.43 TELEPHONE 314670 16797618 6146.63475/6/2020 Telephone Service & Line Charg North Plant Building 46.43 TELEPHONE 314670 16797618 6146.63475/6/2020 Telephone Service & Line Charg North Plant Building 46.43 TELEPHONE 314670 16797618 6146.63475/6/2020 Telephone Service & Line Charg North Plant Building 46.44 TELEPHONE 314670 16797618 6154.63475/6/2020 Telephone Service & Line Charg South Plant Building 46.44 TELEPHONE 314670 16797618 6154.63475/6/2020 Telephone Service & Line Charg South Plant Building 46.43 TELEPHONE 314670 16797618 6154.63475/6/2020 Telephone Service & Line Charg South Plant Building 1.49 TELEPHONE 314670 16797618 6101.63475/6/2020 Telephone Service & Line Charg Water -Administration 26.77 TELEPHONE 314670 16797618 6601.63475/6/2020 Telephone Service & Line Charg General/Administrative-Arena 1.98 TELEPHONE 314670 16797618 6601.63475/6/2020 Telephone Service & Line Charg General/Administrative-Arena 26.77 TELEPHONE 314670 16797618 6716.63475/6/2020 Telephone Service & Line Charg General Administration 1.98 TELEPHONE 314670 16797618 6716.63475/6/2020 Telephone Service & Line Charg General Administration 46.84 TELEPHONE 314670 16797618 6801.63475/6/2020 Telephone Service & Line Charg General & Administrative 3.47 TELEPHONE 314670 16797618 6801.63475/6/2020 Telephone Service & Line Charg General & Administrative 2,260.29 212817 5/8/2020 100321 AMER PLANNING ASSOC 434.00 20/21 P DUDZIAK 314671 096375-DUDZIAK 20/21 0720.64795/6/2020 Dues and Subscriptions General Admin-Planning & Zonin 324.00 S. THOMAS 20/21 314763 125306-2045-THO MAS 20/21 0720.64795/7/2020 Dues and Subscriptions General Admin-Planning & Zonin 758.00 212818 5/8/2020 142987 APPLE CHEVROLET BUICK NORTHFIELD 50.98 VEH 305R 314672 69769 9001.14155/6/2020 Inventory - Parts General Fund 21.18 VEH 205 314673 69711 9001.14155/6/2020 Inventory - Parts General Fund 72.16 212819 5/8/2020 100360 APPLE FORD LINCOLN APPLE VALLEY 4.63 VEH 1149 314674 487128 9001.14155/6/2020 Inventory - Parts General Fund 5/7/2020City of Eagan 16:52:14R55CKR2LOGIS102V 3Page -Council Check Register by GL Check Register w GL Date & Summary 5/8/20205/4/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212819 5/8/2020 100360 APPLE FORD LINCOLN APPLE VALLEY Continued... 104.70 INVENTORY 314675 487408 9001.14155/6/2020 Inventory - Parts General Fund 294.22 INVENTORY 314676 487472 9001.14155/6/2020 Inventory - Parts General Fund 214.87 VEH 1215 314677 487904 9001.14155/6/2020 Inventory - Parts General Fund 77.35 VEH 1145 314678 A1CB158240 9001.14155/6/2020 Inventory - Parts General Fund 26.77 1145 314679 487985 9001.14155/6/2020 Inventory - Parts General Fund 467.49 INVENTORY 314680 489185 9001.14155/6/2020 Inventory - Parts General Fund 45.99 VEHICLE 1145 314681 489251 9001.14155/6/2020 Inventory - Parts General Fund 184.52 INVENTORY 314682 489468 9001.14155/6/2020 Inventory - Parts General Fund 374.94 DTF SQUAD-APRIL 2020 LEASE 314683 1120-252574-042 520 1105.64575/6/2020 Machinery & Equipment-Rental Investigation/Crime Prevention 1,795.48 212820 5/8/2020 100009 ASPEN EQUIP CO 12,181.00 116 LIFTGATE/PLOW 314877 10216980 3522.66805/7/2020 Mobile Equipment Equip Rev Fd-Dept 22 12,181.00 212821 5/8/2020 101609 ASPEN WASTE 208.17 WASTE 314684 S1322021-050120 3304.65395/6/2020 Waste Removal/Sanitation Servi Bldg/Facilities Maintenance 53.70 WASTE 314685 S1322039-050120 3316.65395/6/2020 Waste Removal/Sanitation Servi Police 101.06 WASTE 314686 S1321981-050120 3313.65395/6/2020 Waste Removal/Sanitation Servi Fire Buildings 45.78 WASTE 314687 S1321999-050120 3313.65395/6/2020 Waste Removal/Sanitation Servi Fire Buildings 60.58 WASTE 314688 S1322005-050120 3313.65395/6/2020 Waste Removal/Sanitation Servi Fire Buildings 421.28 WASTE 314689 S1321957-050120 6827.65395/6/2020 Waste Removal/Sanitation Servi Building Maintenance 90.00 WASTE 314690 S1322088-050120 2401.65395/6/2020 Waste Removal/Sanitation Servi Gen/Adm-Central Services 1,492.46 WASTE 314691 S1322104-043020 2401.65395/6/2020 Waste Removal/Sanitation Servi Gen/Adm-Central Services 122.22 THRESHER TRASH 314764 S1322070-050120 3111.65395/7/2020 Waste Removal/Sanitation Servi Refuse/Waste Control 2,595.25 212822 5/8/2020 146829 AT&T MOBILITY 39.23 3/18/20-4/17/20 314692 287262588400X04 252020 2010.63555/6/2020 Cellular Telephone Service General Engineering 127.35 3/18/20-4/17/20 314692 287262588400X04 252020 9701.63555/6/2020 Cellular Telephone Service PEG-eligible 166.58 212823 5/8/2020 143561 BLUE TARP FINANCIAL 199.96 UNIT 10004 314693 0031244424 9001.14155/6/2020 Inventory - Parts General Fund 199.96 212824 5/8/2020 131767 BOLTON & MENK INC. 5/7/2020City of Eagan 16:52:14R55CKR2LOGIS102V 4Page -Council Check Register by GL Check Register w GL Date & Summary 5/8/20205/4/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212824 5/8/2020 131767 BOLTON & MENK INC.Continued... 2,398.00 PLANS AND SPECS (INCL REVISED)314694 0249247 8283.67135/6/2020 Project - Outside Engineering P1283 Deerwood Dr Slope stabil 13,156.02 DIFFLEY SAFETY STUDY THRU APR 314765 0249601 8339.67135/7/2020 Project - Outside Engineering P 1339 Diffley Rd/ Braddock Tr 15,554.02 212825 5/8/2020 156300 CATHCART, FAYE 11.80 14087-OVRPMNT 1034 WEDGEWOOD L 314695 050120 9220.22505/6/2020 Escrow Deposits Public Utilities 11.80 212826 5/8/2020 128578 CDW GOVERNMENT INC. 1,882.53 EDIT SUITE REPLACEMENT 314766 XRC5190 9701.66405/7/2020 Machinery/Equipment PEG-eligible 95.54 APPLE CARE FOR NEW EDIT SUITE 314767 XRD6009 9701.65695/7/2020 Maintenance Contracts PEG-eligible 1,978.07 212827 5/8/2020 142837 CENTURYLINK (R) 1,034.42 MAY 2020 TELEPHONE 314768 1490543622 9695.63475/7/2020 Telephone Service & Line Charg Dakota Co Drug Task Force 1,034.42 212828 5/8/2020 151299 CINTAS 66.58 RUGS 314696 4048795032 3314.65695/6/2020 Maintenance Contracts Central Maintenance 29.66 RUGS 314697 4048795033 3315.65695/6/2020 Maintenance Contracts City Hall 10.34 RUGS 314698 4049353844 3313.65695/6/2020 Maintenance Contracts Fire Buildings 33.55 RUGS 314699 4049353843 3313.65695/6/2020 Maintenance Contracts Fire Buildings 25.00 RUGS 314700 4049353777 6827.65695/6/2020 Maintenance Contracts Building Maintenance 40.13 RUGS 314701 4048794959 3316.65695/6/2020 Maintenance Contracts Police 48.31 RUGS 314769 4049353730 6154.65355/7/2020 Other Contractual Services South Plant Building 253.57 212829 5/8/2020 147895 CJ SPRAY 385.35 HYDRANT PAINTING 314702 3151041 6144.64325/6/2020 Utility System Repair-Labor Hydrant Maintenance/Repair 385.35 212830 5/8/2020 143057 COLUMBIA PIPE AND SUPPLY CO. 130.82-CREDIT FOR TOOLS 314868 3277505 6131.62405/7/2020 Small Tools Water Customer Service 327.08 BRINE BUILDING REPAIR 314869 3295282 2270.62205/7/2020 Operating Supplies - General Building And Grounds-Mtn 196.26 212831 5/8/2020 142286 COMCAST 10.70 PD CABLE 5/1/20-5/31/20 314703 877210508005718 1-042020 1104.65695/6/2020 Maintenance Contracts Patrolling/Traffic 10.70 5/7/2020City of Eagan 16:52:14R55CKR2LOGIS102V 5Page -Council Check Register by GL Check Register w GL Date & Summary 5/8/20205/4/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212831 5/8/2020 142286 COMCAST Continued... 212832 5/8/2020 142286 COMCAST 21.47 COMCAST FEES 5/5-6/4/20 314770 877210508075712 9-042520 1221.65355/7/2020 Other Contractual Services Administration-Fire 21.47 212833 5/8/2020 100040 CONT SAFETY EQUIP 990.00 CALIBRATION GAS 314704 451733 6250.62225/6/2020 Medical/Rescue/Safety Supplies Manhole Insp/Mtn/Repair 274.50 SAFETY EQUIPMENT - GLOVES 314705 451786 3201.62225/6/2020 Medical/Rescue/Safety Supplies Administrative/General 78.00 314706 451787 3170.62225/6/2020 Medical/Rescue/Safety Supplies General AdmIn-Parks 310.00 FIT TEST KIT FOR N-95 TESTING 314777 451751 1214.62305/7/2020 Repair/Maintenance Supplies-Ge Emergency management 1,652.50 212834 5/8/2020 145682 CORBIN EXTERIORS 118.00 314778 160975 0801.40855/7/2020 Building General & Admn-Protective Insp 2.50 BUILDING PERMIT 314778 160975 9001.21955/7/2020 Due to State - Permit Surcharg General Fund 120.50 212835 5/8/2020 150880 CORE & MAIN LP 12,065.00 METER REPLACEMENT 314779 M240776 6161.66305/7/2020 Other Improvements Meter Replacement 12,065.00 212836 5/8/2020 100042 CRAWFORD DOOR SALES COMPANY 270.00 GARAGE DOOR REPAIR 314707 38074 3313.65355/6/2020 Other Contractual Services Fire Buildings 270.00 212837 5/8/2020 101756 DAK CTY CDA 1,215.00 CDA, APRIL RENT 314708 043020 5045.66605/6/2020 Office Furnishings & Equipment Temporary Office/Moving Expens 1,215.00 212838 5/8/2020 120622 DAKOTA COMMUNICATIONS CENTER 121,173.00 DCC FEES MONTHLY 314709 EA2020-06 1108.63305/6/2020 DCC Fees Communications 121,173.00 212839 5/8/2020 100050 DAKOTA ELECTRIC 55.72 CARNELIAN LN HOCKEY RINK 314710 128582-4-MAR20 3106.64055/6/2020 Electricity Structure Care & Maintenance 14.82 RIDGE CLIFF PARK 314711 170637-3-MAR20 3106.64055/6/2020 Electricity Structure Care & Maintenance 637.48 PILOT KNOB PARK 314712 177545-1-MAR20 3106.64055/6/2020 Electricity Structure Care & Maintenance 56.46 BERRY RIDGE STORM 314713 189767-7-MAR20 6439.64085/6/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 32.22 PINECREST CT AERATOR 314714 198290-9-MAR20 6520.64055/6/2020 Electricity Basin Mgmt-Aeration 5/7/2020City of Eagan 16:52:14R55CKR2LOGIS102V 6Page -Council Check Register by GL Check Register w GL Date & Summary 5/8/20205/4/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212839 5/8/2020 100050 DAKOTA ELECTRIC Continued... 132.42 PILOT KNOB WELL SITE RINK 314715 200813-4-MAR20 3106.64055/6/2020 Electricity Structure Care & Maintenance 408.68 HIGHLINE TRAIL STORM 314716 201116-1-MAR20 6439.64085/6/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 160.11 WELL #19 314717 203725-7-MAR20 6154.64095/6/2020 Electricity-Wells/Booster Stat South Plant Building 14.82 HEINE CT AERATOR 314718 203785-1-MAR20 6520.64055/6/2020 Electricity Basin Mgmt-Aeration 40.02 31/WESCOTT SIGNALS 314719 214661-1-MAR20 6301.64075/6/2020 Electricity-Signal Lights Street Lighting 80.76 1275 TOWERVIEW RD 314720 321533-2-MAR20 3106.64055/6/2020 Electricity Structure Care & Maintenance 41.94 CEDAR GROVE SIGNALS 314721 333642-7-MAR20 6301.64075/6/2020 Electricity-Signal Lights Street Lighting 14.82 DENMARK AVE #SLSIGN 314722 405764-2-MAR20 6301.64075/6/2020 Electricity-Signal Lights Street Lighting 32.46 CHLOE LANE LIFT STATION 314723 472429-0-MAR20 6239.64055/6/2020 Electricity Lift Station Maintenanc/Repair 1,492.02 FIRE STATION 1 314724 572299-6-MAR20 3313.64055/6/2020 Electricity Fire Buildings 5.15 CIVIL DEFENSE SIREN 314725 578913-6-MAR20 1106.64055/6/2020 Electricity Emergency preparedness 222.65 CEDAR GROVE BLVD LITES 314726 346992-1-MAR20 6301.64065/6/2020 Electricity-Street Lights Street Lighting 3,442.55 212840 5/8/2020 100528 DELL MARKETING L P 987.40 COMPUTER REPLACEMENT 314780 10381783010 6101.66705/7/2020 Other Equipment Water -Administration 987.40 212841 5/8/2020 141848 DH ATHLETICS LLC 387.00 BALLFIELD RAKES 314727 190125 3118.62515/6/2020 Athletic Field Supplies Athletic Field Mtn/Setup 387.00 212842 5/8/2020 101693 DICK'S SANITATION SERVICE INC. 240.92 ORGANICS 314728 DT0003256685 6827.65395/6/2020 Waste Removal/Sanitation Servi Building Maintenance 240.92 212843 5/8/2020 142972 DOUGHERTY, MOLENDA, SOLFEST, HILLS 4,413.75 LEGAL 314750 188145-04768 0601.63115/8/2020 Legal General Legal Service 33.00 LEGAL 314751 188151-41054 0601.63115/8/2020 Legal General Legal Service 481.27 MANLEY GUN CLUB 314752 188148-38632 9001.2245 J03565/8/2020 Escrow - Private Development F General Fund 683.91 VERIZON - DIFFLEY PCS LTE 314753 188149-38803 6003.6311 AVERI5/8/2020 Legal Lexington Antenna Location 253.30 LEXINGTON FLATS 314754 188150-40534 9001.2245 J04245/8/2020 Escrow - Private Development F General Fund 405.28 NICHOLS PARK LLC 314755 188152-41737 9001.2245 J04585/8/2020 Escrow - Private Development F General Fund 126.65 VIKINGS LAKES APARTMENTS 314756 188153-42086 9001.2245 J04685/8/2020 Escrow - Private Development F General Fund 607.92 VENSTAR LLC 314757 188154-42211 9001.2245 J04725/8/2020 Escrow - Private Development F General Fund 297.00 MARY HEUER ADDITION 314758 188155-42506 9001.2245 J04765/8/2020 Escrow - Private Development F General Fund 66.00 MV EAGAN VENTURES 314759 188156-42696 9001.2245 J04835/8/2020 Escrow - Private Development F General Fund 103.15 LEGAL 314760 188146-10388 0601.63115/8/2020 Legal General Legal Service 1,545.00 LEGAL 314761 188147-12651 0601.63115/8/2020 Legal General Legal Service 9,016.23 5/7/2020City of Eagan 16:52:14R55CKR2LOGIS102V 7Page -Council Check Register by GL Check Register w GL Date & Summary 5/8/20205/4/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212843 5/8/2020 142972 DOUGHERTY, MOLENDA, SOLFEST, HILLS Continued... 212844 5/8/2020 100939 DPC INDUSTRIES, INC. 1,948.00 NTP CL2 314729 827000443-20 6147.62445/6/2020 Chemicals & Chemical Products North Plant Production 1,948.00 212845 5/8/2020 100387 EAGAN GENERAL REPAIR 255.00 REPAIR OF MONITORING WELL CASI 314730 28617 6148.64275/6/2020 Building Operations/Repair-Lab North Well Field 4,450.00 NEW RESCUE PICK-UPS SET UP 314781 28624 9346.66805/7/2020 Mobile Equipment Fire Apparatus Revolving 4,705.00 212846 5/8/2020 124857 EDINA REALTY TITLE 24.55 14087-OVRPMNT 4645 STONECLIFFE 314731 050120 9220.22505/6/2020 Escrow Deposits Public Utilities 24.55 212847 5/8/2020 142034 ELECTRIC PUMP 4,073.26 STORM LIFT STATION REPAIRS 314782 0068032-IN 6439.64325/7/2020 Utility System Repair-Labor Lift Station Maintenanc/Repair 4,073.26 212848 5/8/2020 101006 EMERGENCY AUTO TECHNOLOGIES 295.31 VEH 1204 314783 DL042020-20 9001.14155/7/2020 Inventory - Parts General Fund 295.31 212849 5/8/2020 100466 EMERGENCY MEDICAL PRODUCTS INC 79.50 PPE/CLEANING SUPPLIES 314732 2159792 1118.62205/6/2020 Operating Supplies - General Emergency management 79.50 212850 5/8/2020 156306 EMSLIE, GEORGE 143.94 14087-OVRPMNT 1691 OAKBROOK CT 314733 050120 9220.22505/6/2020 Escrow Deposits Public Utilities 143.94 212851 5/8/2020 122976 FIRE SAFETY USA INC. 565.50 HORE REPAIR AND TESTING 314784 133748 1225.63235/7/2020 Testing Services Fire / EMS Equipment 400.00 RESCUE SAW BLADES 314785 134267 1225.62405/7/2020 Small Tools Fire / EMS Equipment 965.50 212852 5/8/2020 152193 FLIPS GYMNASTICS 225.00 GROUP RETURN COV19 314734 1315894 6708.43165/6/2020 Group Sales-Taxable Group 225.00 212853 5/8/2020 100529 GASTFIELD MAINTENANCE PLUS, BOB 5/7/2020City of Eagan 16:52:14R55CKR2LOGIS102V 8Page -Council Check Register by GL Check Register w GL Date & Summary 5/8/20205/4/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212853 5/8/2020 100529 GASTFIELD MAINTENANCE PLUS, BOB Continued... 150.00 CUSTODIAL 314735 041320 3313.65375/6/2020 Janitorial Service Fire Buildings 150.00 212854 5/8/2020 100465 GERTEN GREENHOUSES 60.10 MAIN. MATERIAL 314736 7275 /12 3114.62535/6/2020 Turf Maintenance & Landscape S Turf Mgmt/Enhancement 60.10 212855 5/8/2020 156314 GILLIAT, EVERETT 5.94 14087-OVRPMNT 4266 SANDSTONE D 314737 050120 9220.22505/6/2020 Escrow Deposits Public Utilities 5.94 212856 5/8/2020 100077 GOPHER ST ONE CALL 1,431.00 ONE CALL FEE 314786 0040348 6234.63565/7/2020 One Call Service Fee Utility Locates 275.40 ONE CALL FEE 314786 0040348 4002.65695/7/2020 Maintenance Contracts Fiber capacity project 1,706.40 212857 5/8/2020 152667 GRACENOTE MEDIA SERVICES LLC 412.00 ELECTRONIC PROGRAMMING GUIDE 314787 9747045097 9701.63105/7/2020 Professional Services-General PEG-eligible 412.00 212858 5/8/2020 100990 GRAINGER 342.38 BATHROOM EXHAUST VENTING 314738 9510662480 3106.62335/6/2020 Building Repair Supplies Structure Care & Maintenance 169.77 BATHROOM EXHAUST VENTING 314739 9512041972 3106.62335/6/2020 Building Repair Supplies Structure Care & Maintenance 78.84-BATHROOM EXHAUST VENTING 314740 9512355828 3106.62335/6/2020 Building Repair Supplies Structure Care & Maintenance 55.68 HARDWARE 314741 9510662472 3201.62205/6/2020 Operating Supplies - General Administrative/General 61.10 SHADE STRUCTURES 314742 9519357538 6720.62305/6/2020 Repair/Maintenance Supplies-Ge Pool Attendant 550.09 212859 5/8/2020 156177 GREAT NORTHERN BUILDERS LLC 24,853.65 SKYHILL CIP 314743 042820SKYHILL 2809.67565/6/2020 Building & Structures Skyhill Park 24,853.65 212860 5/8/2020 156310 GROTENHUIS, KATHLEEN 19.30 14087-OVRPMNT 1793 WALNUT LN 314744 050120 9220.22505/6/2020 Escrow Deposits Public Utilities 19.30 212861 5/8/2020 100084 HANCO 156.41 TIRE WEIGHT 314745 514828 1104.62315/6/2020 Mobile Equipment Repair Parts Patrolling/Traffic 156.41 5/7/2020City of Eagan 16:52:14R55CKR2LOGIS102V 9Page -Council Check Register by GL Check Register w GL Date & Summary 5/8/20205/4/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212862 5/8/2020 100085 HARDWARE HANK Continued... 38.90 PD KEYS 314746 1898971 1104.62265/6/2020 Public Safety Supplies Patrolling/Traffic 15.97 314747 1899878 2010.62205/6/2020 Operating Supplies - General General Engineering 47.16 FUEL SMALL ENGINE 314788 1899417 3127.62355/7/2020 Fuel, Lubricants, Additives Equipment Maintenance/Repair 21.98 GLASS CLEANER 314789 1897694 1221.62205/7/2020 Operating Supplies - General Administration-Fire 124.01 212863 5/8/2020 100267 HAYES ELECTRIC 960.00 BUILDING ELECRICAL 314790 4420 3109.64275/7/2020 Building Operations/Repair-Lab Lighting Maintenance 147.27 BUILDING ELECRICAL 314790 4420 3109.62335/7/2020 Building Repair Supplies Lighting Maintenance 975.50 ELECTRICAL WORK 314791 4421 3314.65355/7/2020 Other Contractual Services Central Maintenance 2,082.77 212864 5/8/2020 138185 HIRSHFIELDS DECORATING CENTERS 199.96 PAINT FOR ARENA 314792 37146112 6603.62335/7/2020 Building Repair Supplies Building Repair & Maint. 199.96 212865 5/8/2020 100627 HOME DEPOT CREDIT SERVICES 133.01 SUPPLIES 314771 1511333 6827.62335/8/2020 Building Repair Supplies Building Maintenance 405.96 COVID SUPPLIES 314772 2091710 3312.62235/8/2020 Building/Cleaning Supplies Emergency management 139.43 SUPPLIES 314773 2091711 6827.62335/8/2020 Building Repair Supplies Building Maintenance 678.40 212866 5/8/2020 156289 HOME DEPOT PRO, THE 37.76 HOME DEPOT-COVERALLS 314793 548267426 1214.62225/7/2020 Medical/Rescue/Safety Supplies Emergency management 80.24 HOME DEPOT-COVERALLS 314794 548473990 1214.62225/7/2020 Medical/Rescue/Safety Supplies Emergency management 118.00 212867 5/8/2020 144672 JOHNSON FLOOR SANDING 2,700.00 GYM FLOOR SANDING 314893 921558 6827.65355/7/2020 Other Contractual Services Building Maintenance 2,700.00 212868 5/8/2020 147640 JORGENSON, SCOTT 57.25 TRAINING MEALS 314748 042220 1104.64765/6/2020 Conferences/Meetings/Training Patrolling/Traffic 57.25 212869 5/8/2020 149654 KIESLERS POLICE SUPPLY 35,535.50 HANDGUN-PD-9MM 314795 IN133940 3511.66705/7/2020 Other Equipment Equip Rev Fd-Dept 11 35,535.50 212870 5/8/2020 156304 KNUTSON, LINDA 5/7/2020City of Eagan 16:52:14R55CKR2LOGIS102V 10Page -Council Check Register by GL Check Register w GL Date & Summary 5/8/20205/4/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212870 5/8/2020 156304 KNUTSON, LINDA Continued... 150.00 14087-OVRPMNT 1257 DUNBERRY LN 314749 050120 9220.22505/6/2020 Escrow Deposits Public Utilities 150.00 212871 5/8/2020 101055 LEFFLER PRINTING COMPANY INC. 3,230.00 PRINT 5-2020EXP.EAGAN-SPEC-314796 21129 0902.63705/7/2020 General Printing and Binding Experience Eagan Newsletter 3,230.00 212872 5/8/2020 139061 LEXISNEXIS RISK DATA MANAGEMENT INC 1,312.50 SOFTWARE MAINT-APRIL 20 314797 805944-20200430 0301.65695/7/2020 Maintenance Contracts IT-Gen & Admn 1,312.50 212873 5/8/2020 156302 MADSEN, MIKE 12.99 14087-OVRPMNT 3838 BRIDGEWATER 314798 050120 9220.22505/7/2020 Escrow Deposits Public Utilities 12.99 212874 5/8/2020 100571 MENARDS-APPLE VALLEY 56.93 BRINE BUILDING REPAIR 314870 78681 2270.62205/7/2020 Operating Supplies - General Building And Grounds-Mtn 56.93 212875 5/8/2020 151196 METLIFE 858.00 LEGAL SERVICE EE BENEFIT 314799 50692386 9592.20355/7/2020 Ded Payable-Met Law Benefit Accrual 858.00 LEGAL SERVICE EE BENEFIT 314800 50692385 9592.20355/7/2020 Ded Payable-Met Law Benefit Accrual 1,716.00 212876 5/8/2020 100125 METRO COUNCIL ENVIRONMTL SERV-SAC 99.40-APRIL 2020 314801 040120 0801.42465/7/2020 Administrative Fee on SAC Coll General & Admn-Protective Insp 9,940.00 APRIL 2020 314801 040120 9220.22755/7/2020 MCES Sewer Availability Charge Public Utilities 9,840.60 212877 5/8/2020 146784 MID NORTHERN SERVICES 170.00 REPLACE DEFECTIVE NODE #E7 314802 24653 6301.64325/7/2020 Utility System Repair-Labor Street Lighting 170.00 212878 5/8/2020 156312 MILLAN, JESUS 35.44 14087-OVRPMNT 1054 BOSTON HILL 314803 050120 9220.22505/7/2020 Escrow Deposits Public Utilities 35.44 212879 5/8/2020 123677 MILLER TREE SERVICE 6,025.00 CONTRACTOR TREE REMOVAL 314871 050420 2273.64295/7/2020 Street Repair-Labor Emerald Ash Borer-Public 6,025.00 5/7/2020City of Eagan 16:52:14R55CKR2LOGIS102V 11Page -Council Check Register by GL Check Register w GL Date & Summary 5/8/20205/4/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212879 5/8/2020 123677 MILLER TREE SERVICE Continued... 212880 5/8/2020 102753 MINNCOR INDUSTRIES 55.00 BUSINESS CARDS - TOU LOR 314804 SOI-089356 6101.62105/7/2020 Office Supplies Water -Administration 60.00 M JOHNSON BUS CARD 314805 SOI-089367 0820.62105/7/2020 Office Supplies General/Admn-Housing 60.00 C FLECK BUSINESS CARDS 314805 SOI-089367 6801.62105/7/2020 Office Supplies General & Administrative 175.00 212881 5/8/2020 120087 MN ENERGY RESOURCES CORP 89.83 RAHN PARK WARMING HOUSE 314806 0505212492-0000 1-APR20 3106.64105/7/2020 Natural Gas Service Structure Care & Maintenance 89.83 212882 5/8/2020 156311 MORRISSEY, ARTHUR 76.94 14087-OVRPMNT 4535 WHITETAIL W 314807 050120 9220.22505/7/2020 Escrow Deposits Public Utilities 76.94 212883 5/8/2020 100146 MTI DISTR CO 682.70 MTI INVENTORY 314808 1251924-00 9001.14155/7/2020 Inventory - Parts General Fund 83.18 MTI INVENTORY 314809 1252280-00 9001.14155/7/2020 Inventory - Parts General Fund 3.42 IRRIGATION PARTS MTI 314810 1252049-00 3117.62345/7/2020 Field/Other Equipment Repair Irrigation System Mtn/Install 142.15 IRRIGATION PARTS MTI 314811 1251722-00 3117.62345/7/2020 Field/Other Equipment Repair Irrigation System Mtn/Install 224.91 IRRIGATION PARTS MTI 314812 1252356-00 3117.62345/7/2020 Field/Other Equipment Repair Irrigation System Mtn/Install 145.53 IRRIGATION PARTS MTI 314813 1251834-00 3117.62345/7/2020 Field/Other Equipment Repair Irrigation System Mtn/Install 88.97 MTI INVENTORY 314872 1251924-01 9001.14155/7/2020 Inventory - Parts General Fund 1,370.86 212884 5/8/2020 156296 NELSON, STEVEN D 11.16 FIRE CLEANING MILEAGE 314814 041620 3313.62205/7/2020 Operating Supplies - General Fire Buildings 11.16 212885 5/8/2020 149916 NORTHWEST LASERS & INSTRUMENTS 28.80 SIGN INSTALLATION SUPPLIES 314815 12663 2242.62575/7/2020 Signs & Striping Material Signs-Installation & Mtn 19.00 314816 12778 2010.62205/7/2020 Operating Supplies - General General Engineering 47.80 212886 5/8/2020 154939 OPENDOOR LABS INC 35.01 14087-OVRPMNT 3805 LAUREL CT 314817 050120 9220.22505/7/2020 Escrow Deposits Public Utilities 55.65 14087-OVRPMNT 1300 DEERCLIFF L 314818 050120-1 9220.22505/7/2020 Escrow Deposits Public Utilities 90.66 5/7/2020City of Eagan 16:52:14R55CKR2LOGIS102V 12Page -Council Check Register by GL Check Register w GL Date & Summary 5/8/20205/4/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212887 5/8/2020 156308 PALMER. PAM Continued... 87.75 14087-OVRPMNT 4096 DIAMOND DR 314819 050120 9220.22505/7/2020 Escrow Deposits Public Utilities 87.75 212888 5/8/2020 156301 PAZHYANUR, VENKATESH 7.85 14087-OVRPMNT 1507 SHERWOOD WA 314820 050120 9220.22505/7/2020 Escrow Deposits Public Utilities 7.85 212889 5/8/2020 115253 PELLICCI ACE HARDWARE 13.98 SOCKETS 314873 19794 /E 3127.62405/7/2020 Small Tools Equipment Maintenance/Repair 13.98 SOCKETS 314874 19795 /E 3127.62405/7/2020 Small Tools Equipment Maintenance/Repair 27.96 212890 5/8/2020 101529 PHILLIPS,CHARLEEN 31.92 14087-OVRPMNT 1741 DAVENPORT A 314821 050120 9220.22505/7/2020 Escrow Deposits Public Utilities 31.92 212891 5/8/2020 100307 PILOT KNOB ANIMAL HOSP 215.00 KENNELS FOR CITY PETS 314822 165477 1110.63255/7/2020 Vet/Kennel Charge/Animal Dispo Animal Control 215.00 212892 5/8/2020 114090 PLANT & FLANGED EQUIPMENT COMPANY 2,066.92 PIPING FOR STORM CHECK VALVE 314823 0076480-IN 6439.62605/7/2020 Utility System Parts/Supplies Lift Station Maintenanc/Repair 2,066.92 212893 5/8/2020 144472 PRECISE MRM LLC 725.00 AVL 314824 200-1025693 0301.65695/7/2020 Maintenance Contracts IT-Gen & Admn 725.00 212894 5/8/2020 153556 PURAIR 304.00 O2 FOR PD 314825 163297 1104.62265/7/2020 Public Safety Supplies Patrolling/Traffic 304.00 212895 5/8/2020 116430 QUALITY FLOW SYSTEMS, INC. 3,660.00 PARTS FOR BOERGER LOBS SOLIDS 314826 38895 6155.64325/7/2020 Utility System Repair-Labor South Plant Production 3,660.00 212896 5/8/2020 143557 RANDSTAD (R) 1,410.00 ADMIN ASSIST 4/19-4/25/20 314827 R26821956 9695.65615/7/2020 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 1,410.00 5/7/2020City of Eagan 16:52:14R55CKR2LOGIS102V 13Page -Council Check Register by GL Check Register w GL Date & Summary 5/8/20205/4/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212897 5/8/2020 156303 REINARTS, MICHAEL Continued... 56.82 14087-OVRPMNT 840 GREAT OAKS T 314828 050120 9220.22505/7/2020 Escrow Deposits Public Utilities 56.82 212898 5/8/2020 150405 RMB ENVIRONMENTAL LABORATORIES INC 127.00 WQ MONITORING ANALYSES 314829 498238 6528.63235/7/2020 Testing Services Basin Mgmt-Water Spl/Studies/M 127.00 212899 5/8/2020 144714 ROCK HARD LANDSCAPE SUPPLY 110.00 MAIN. MATERIAL 314830 83590 3114.62535/7/2020 Turf Maintenance & Landscape S Turf Mgmt/Enhancement 90.00 MAIN. MATERIAL 314831 83654 3114.62535/7/2020 Turf Maintenance & Landscape S Turf Mgmt/Enhancement 200.00 212900 5/8/2020 149711 SAFE-FAST INC. 575.26 PPE SAFETY GLOVES 314832 INV230546 6238.62225/7/2020 Medical/Rescue/Safety Supplies Sewer Main Maintenance 575.26 212901 5/8/2020 156298 SAFELITE AUTO GLASS 265.26 SQUAD REPAIR 314833 01844 364905 1104.62315/7/2020 Mobile Equipment Repair Parts Patrolling/Traffic 265.26 212902 5/8/2020 100683 SAMS CLUB GECF 16.98 LYSOL 314774 006444 1118.62205/8/2020 Operating Supplies - General Emergency management 52.34 SUPPLIES 314775 003471-040220 3312.62235/8/2020 Building/Cleaning Supplies Emergency management 14.58 SUPPLIES 314776 002406-040720 1110.64755/8/2020 Miscellaneous Animal Control 83.90 212903 5/8/2020 100191 SHERWIN WILLIAMS 10.68 PAINT 314834 2241-0 3314.62335/7/2020 Building Repair Supplies Central Maintenance 188.15 PAINT 314835 3907-5 6827.62335/7/2020 Building Repair Supplies Building Maintenance 225.78 PAINT 314836 8957-1 6827.62335/7/2020 Building Repair Supplies Building Maintenance 424.61 212904 5/8/2020 156309 SHORT, NICHOLE 89.07 14087-OVRPMNT 4786 GALAXIE AVE 314837 050120 9220.22505/7/2020 Escrow Deposits Public Utilities 89.07 212905 5/8/2020 146625 SHRED-IT USA 125.14 SHREDDING SERVICES 314838 8129674709 1101.63105/7/2020 Professional Services-General General/Admn-Police 70.90 SHREDDING SERVICES 314838 8129674709 2401.62105/7/2020 Office Supplies Gen/Adm-Central Services 61.57 SHREDDING SERVICES 314838 8129674709 6801.65695/7/2020 Maintenance Contracts General & Administrative 5/7/2020City of Eagan 16:52:14R55CKR2LOGIS102V 14Page -Council Check Register by GL Check Register w GL Date & Summary 5/8/20205/4/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212905 5/8/2020 146625 SHRED-IT USA Continued... 257.61 212906 5/8/2020 156305 SIENKIEWICZ, RICK 61.80 14087-OVRPMNT 3877 BIG TIMBER 314839 050120 9220.22505/7/2020 Escrow Deposits Public Utilities 61.80 212907 5/8/2020 155590 SIMON'S APPLIANCE 2,080.00 RPL REFRID FS2 THAT DIED 314840 94639 1221.66605/7/2020 Office Furnishings & Equipment Administration-Fire 25.00 WATERLINE FS2 RELP REFRID 314841 94667 1221.66605/7/2020 Office Furnishings & Equipment Administration-Fire 2,105.00 212908 5/8/2020 156297 SOFT PLAY 102.69 BLAST PLAY SPACE PARTS 314842 24044 6827.62335/7/2020 Building Repair Supplies Building Maintenance 102.69 212909 5/8/2020 100326 ST PAUL, CITY OF 621.20 ASPHALT STREET REPAIR 314875 IN40728 2220.62555/7/2020 Street Repair Supplies Bituminous Surface Maint 621.20 212910 5/8/2020 145489 STENHOLM REMODELING LLC 520.00 TILE & GROUT REPAIR 314892 342 6827.65355/7/2020 Other Contractual Services Building Maintenance 520.00 212911 5/8/2020 156313 STENSVAD, KARL 124.57 14087-OVRPMNT 4246 AUGUSTA CT 314843 050120 9220.22505/7/2020 Escrow Deposits Public Utilities 124.57 212912 5/8/2020 102159 STOP STICK, LTD 72.00 STOP STICK 314844 0017342-IN 1104.62205/7/2020 Operating Supplies - General Patrolling/Traffic 72.00 212913 5/8/2020 100204 STREICHERS INC. 1,452.99 LL ROUNDS 314845 11428032 1104.62285/7/2020 Ammunition Patrolling/Traffic 1,452.99 212914 5/8/2020 116898 SUMMIT FIRE PROTECTION 285.00-FIRE ALARM INSPECTION 314846 1465267 3313.65695/7/2020 Maintenance Contracts Fire Buildings 285.00 FIRE ALARM INSPECTION 314847 1465269 3313.65695/7/2020 Maintenance Contracts Fire Buildings 350.00 FIRE SPRINKLER INSPECTION 314848 1507778 6827.65695/7/2020 Maintenance Contracts Building Maintenance 350.00 5/7/2020City of Eagan 16:52:14R55CKR2LOGIS102V 15Page -Council Check Register by GL Check Register w GL Date & Summary 5/8/20205/4/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212914 5/8/2020 116898 SUMMIT FIRE PROTECTION Continued... 212915 5/8/2020 127800 SUPERIOR MECHANICAL COLLISION 348.00 WO 306 314890 0151227 9001.14155/7/2020 Inventory - Parts General Fund 9,221.40 INVENTORY 314891 0151256 9001.14155/7/2020 Inventory - Parts General Fund 9,569.40 212916 5/8/2020 113124 TOLL GAS & WELDING SUPPLY 457.15 WELDING GAS 314849 10348620 6146.64275/7/2020 Building Operations/Repair-Lab North Plant Building 457.15 212917 5/8/2020 156307 TRAC, HENRY 309.61 14087-OVRPMNT 4501 SLATER RD 314850 050120 9220.22505/7/2020 Escrow Deposits Public Utilities 309.61 212918 5/8/2020 100912 VERIZON WIRELESS, BELLEVUE 35.01 AIR CARDS 314851 9853208495 0901.63555/7/2020 Cellular Telephone Service Gen & Admin-Communications 105.03 AIR CARDS 314851 9853208495 3057.62205/7/2020 Operating Supplies - General Preschool Programs 110.03 AIR CARDS 314851 9853208495 3101.63555/7/2020 Cellular Telephone Service Playground Maintenance 2,765.74 AIR CARDS 314851 9853208495 1104.63495/7/2020 Teleprocessing Equipment Patrolling/Traffic 35.01 AIR CARDS 314851 9853208495 1105.62125/7/2020 Office Small Equipment Investigation/Crime Prevention 625.16 AIR CARDS 314851 9853208495 1221.62305/7/2020 Repair/Maintenance Supplies-Ge Administration-Fire 35.01 AIR CARDS 314851 9853208495 1221.63555/7/2020 Cellular Telephone Service Administration-Fire 40.01 AIR CARDS 314851 9853208495 2401.63555/7/2020 Cellular Telephone Service Gen/Adm-Central Services 35.01 AIR CARDS 314851 9853208495 2010.63555/7/2020 Cellular Telephone Service General Engineering 250.07 AIR CARDS 314851 9853208495 0801.63555/7/2020 Cellular Telephone Service General & Admn-Protective Insp 285.08 AIR CARDS 314851 9853208495 2201.63555/7/2020 Cellular Telephone Service Gen/Adm-Streets 190.05 AIR CARDS 314851 9853208495 0301.63555/7/2020 Cellular Telephone Service IT-Gen & Admn 35.01 AIR CARDS 314851 9853208495 0201.63555/7/2020 Cellular Telephone Service General & Admn-Admn 35.01 AIR CARDS 314851 9853208495 3001.63555/7/2020 Cellular Telephone Service General/Admn-Recreation 35.01 AIR CARDS 314851 9853208495 0720.63555/7/2020 Cellular Telephone Service General Admin-Planning & Zonin 110.05 AIR CARDS 314851 9853208495 3170.63555/7/2020 Cellular Telephone Service General AdmIn-Parks 110.03 AIR CARDS 314851 9853208495 3201.63555/7/2020 Cellular Telephone Service Administrative/General 35.01 AIR CARDS 314851 9853208495 9701.63555/7/2020 Cellular Telephone Service PEG-eligible 35.01 AIR CARDS 314851 9853208495 6239.64085/7/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 35.01 AIR CARDS 314851 9853208495 6234.63555/7/2020 Cellular Telephone Service Utility Locates 25.02 AIR CARDS 314851 9853208495 6239.63525/7/2020 Telephone Circuits Lift Station Maintenanc/Repair 35.01 AIR CARDS 314851 9853208495 6136.63555/7/2020 Cellular Telephone Service GIS - Utilities 35.01 AIR CARDS 314851 9853208495 6147.63555/7/2020 Cellular Telephone Service North Plant Production 70.08 AIR CARDS 314851 9853208495 6101.63555/7/2020 Cellular Telephone Service Water -Administration 35.01 AIR CARDS 314851 9853208495 6716.63555/7/2020 Cellular Telephone Service General Administration 5/7/2020City of Eagan 16:52:14R55CKR2LOGIS102V 16Page -Council Check Register by GL Check Register w GL Date & Summary 5/8/20205/4/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212918 5/8/2020 100912 VERIZON WIRELESS, BELLEVUE Continued... 35.01 AIR CARDS 314851 9853208495 6801.63555/7/2020 Cellular Telephone Service General & Administrative 5,176.49 212919 5/8/2020 100237 VIKING ELECTRIC 561.52 ELECTRICAL PARTS 314852 S003545280.001 3314.65355/7/2020 Other Contractual Services Central Maintenance 561.52 212920 5/8/2020 138027 WATER CONSERVATION SERVICE INC. 312.62 LEAK DETECTION 314876 10396 6160.63105/7/2020 Professional Services-General Main Maintenance/Repair 312.62 212921 5/8/2020 156316 WAVE, THE 225.00 GROUP RETURN COV19 314854 1315827 6708.43165/7/2020 Group Sales-Taxable Group 225.00 212922 5/8/2020 100459 WEATHER WATCH INC 152.90 WEATHER MONITORING MAY 20 314855 11072 6146.63105/7/2020 Professional Services-General North Plant Building 152.90 212923 5/8/2020 156315 WHITE, REBECCA 300.00 REFUND DUE TO COVID-19 314856 1315851 3001.22505/7/2020 Escrow Deposits General/Admn-Recreation 300.00 212924 5/8/2020 113897 WORKING WORDS 635.00 E-BIZ WRITING APRIL 2020 314858 EBN-082 0903.63105/7/2020 Professional Services-General Eagan Business News 635.00 212925 5/8/2020 115430 WRIGHT COUNTY DISTRICT COURT 50.00 REVELL LEE GRAHAM 314894 230990 9001.22605/7/2020 Bail Deposits General Fund 50.00 212926 5/8/2020 104542 WSB & ASSOCIATES, INC. 518.75 GIS CONSULTING 314859 R-015712-000-1- 042220 0301.65675/7/2020 Contractual Programming/Data P IT-Gen & Admn 688.00 GIS CONSULTING 314859 R-015712-000-1- 042220 6136.63105/7/2020 Professional Services-General GIS - Utilities 1,206.75 212927 5/8/2020 101755 XCEL ENERGY 140.17 CEDAR GROVE BLVD STREET LITES 314860 5102801650-0422 6301.64065/7/2020 Electricity-Street Lights Street Lighting 5/7/2020City of Eagan 16:52:14R55CKR2LOGIS102V 17Page -Council Check Register by GL Check Register w GL Date & Summary 5/8/20205/4/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 212927 5/8/2020 101755 XCEL ENERGY Continued... 20 140.17 212928 5/8/2020 101755 XCEL ENERGY 391.50 CENTRAL PKWY STREET LITES 314861 51-6563390-9-04 2420 6301.64065/7/2020 Electricity-Street Lights Street Lighting 391.50 212929 5/8/2020 101755 XCEL ENERGY 983.16 BURR OAKS LIFT STATION 314862 51-0011013079-4 -042420 6439.64085/7/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 983.16 212930 5/8/2020 101755 XCEL ENERGY 217.13 ELEC CABINET-NICOLS SRD 314863 510010197923-4- 042220 6301.64065/7/2020 Electricity-Street Lights Street Lighting 217.13 212931 5/8/2020 101755 XCEL ENERGY 206.23 WELL HOUSE #22 314864 510011688001-1- 042220 6148.64095/7/2020 Electricity-Wells/Booster Stat North Well Field 206.23 212932 5/8/2020 101755 XCEL ENERGY 1,383.31 CEDAR GROVE PARKING GARAGE 314865 51-0010548879-4 -042220 9116.64055/7/2020 Electricity Cedar Grove Parking Garage 1,383.31 212933 5/8/2020 101755 XCEL ENERGY 10.42 MONUMENTS LIGHTING 314866 510010165807-6- 042220 6301.64065/7/2020 Electricity-Street Lights Street Lighting 10.42 212934 5/8/2020 101755 XCEL ENERGY 141.24 CEDAR GROVE PKWY STREET LITES 314867 51-00100600247- 042220 6301.64065/7/2020 Electricity-Street Lights Street Lighting 141.24 1000021 5/8/2020 143966 WAARA, RON 37.95 MILEAGE 3/29-4/29/20 314853 042920 0301.63535/7/2020 Personal Auto/Parking IT-Gen & Admn 5/7/2020City of Eagan 16:52:14R55CKR2LOGIS102V 18Page -Council Check Register by GL Check Register w GL Date & Summary 5/8/20205/4/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 1000021 5/8/2020 143966 WAARA, RON Continued... 37.95 1000022 5/8/2020 146686 WILSKE, JOSH 9.78 MILEAGE 4/14-20-4/28/20 314857 042820 0301.63535/7/2020 Personal Auto/Parking IT-Gen & Admn 9.78 20200321 5/8/2020 100249 FIT 127,775.57 PAYROLL ENDING 4/25/20 314888 050120 9880.20115/8/2020 Ded Payable - FIT Payroll 127,775.57 20200322 5/8/2020 100250 COMMISIONER OF REVENUE-PAYROLL 36,878.82 PAYROLL ENDING 4/25/20 314889 050120 9880.20125/8/2020 Ded Payable - SIT Payroll 36,878.82 20200323 5/8/2020 100252 FICA 31,485.04 PAYROLL ENDING 4/25/20 314895 050120 9880.20145/8/2020 Ded Payable - FICA Payroll 31,485.04 20200324 5/8/2020 100253 MEDICARE 12,882.59 PAYROLL ENDING 4/25/20 314896 050120 9880.20155/8/2020 Ded Payable - Medicare Payroll 12,882.59 20202508 5/8/2020 115374 MN STATE RETIREMENT SYSTEM-HCSP 56,791.14 EMPLOYEE CONTRIBUTIONS 314878 050120 9592.20345/8/2020 Ded Payable-HCSP Benefit Accrual 56,791.14 20203208 5/8/2020 138969 MN STATE RETIREMENT SYSTEM-MNDCP 14,013.18 EMPLOYEE CONTRIBUTIONS 314879 050120 9592.20325/8/2020 Ded Pay - Great West Def Comp Benefit Accrual 14,013.18 20204208 5/8/2020 100892 ICMA RETIREMENT TRUST 42,166.89 EMPLOYEE CONTRIBUTIONS 314880 050120 9592.20315/8/2020 Ded Pay - ICMA Benefit Accrual 42,166.89 20205102 5/8/2020 100283 BERKLEY ADMINISTRATORS 3,167.00 ADMIN FEE PMT 314881 050520 9593.63875/8/2020 Worker's Comp - Administration Workers' Compensation Self-In 3,167.00 20205618 5/8/2020 147907 SELECT ACCOUNT 3,340.44 FLEX REIMBURSEMENT 314882 050720 9592.22155/8/2020 Flex Plan Withholding Payable Benefit Accrual 5/7/2020City of Eagan 16:52:14R55CKR2 LOGIS102V 19Page -Council Check Register by GL Check Register w GL Date & Summary 5/8/20205/4/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20205618 5/8/2020 147907 SELECT ACCOUNT Continued... 3,340.44 20205806 5/8/2020 147907 SELECT ACCOUNT 500.00 C. HUNTINGTON & T. LOR VEBA 314883 050520 9592.61595/8/2020 VEBA Benefit Accrual 500.00 20208009 5/8/2020 100694 PUBLIC EMPLOYEE RETIREMENT 76.96 PAYROLL PERIOD 4/12/20-4/25/20 314884 434600-050120 9592.61465/8/2020 PERA - DCP Benefit Accrual 83,490.86 PAYROLL PERIOD 4/12/20-4/25/20 314884 434600-050120 9592.20135/8/2020 Ded Payable - PERA Benefit Accrual 40,902.59 PAYROLL PERIOD 4/12/20-4/25/20 314884 434600-050120 9592.61425/8/2020 PERA - Coordinated Benefit Accrual 71,947.42 PAYROLL PERIOD 4/12/20-4/25/20 314884 434600-050120 9592.61435/8/2020 PERA - Police Benefit Accrual 196,417.83 20208516 5/8/2020 151185 HEALTHPARTNERS INC 509.50 DENTAL CLAIMS REIMBURSEMENT 314885 042720 9594.61585/8/2020 Dental Insurance Dental Self-insurance 509.50 20208517 5/8/2020 151185 HEALTHPARTNERS INC 78.91 DENTAL CLAIMS REIMBURSEMENT 314886 050420 9594.61585/8/2020 Dental Insurance Dental Self-insurance 78.91 20209504 5/8/2020 153990 EAGAN PROFESSNAL FIREFIGHTERS LOCAL 5171 2,807.35 LOCAL 5171 EMPLOYEE UNION DUES 314887 050120 9592.20395/8/2020 Ded Payable - FF Union Dues Benefit Accrual 2,807.35 874,565.03 Grand Total Payment Instrument Totals Checks 874,517.30 47.73A/P ACH Payment Total Payments 874,565.03 5/15/2020 5/7/2020City of Eagan 16:52:19R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 5/8/20205/4/2020 - Company Amount 190,236.6909001GENERAL FUND 1,719.6309116CEDAR GROVE PARKING GARAGE 2,552.4309197ETV 46,960.3109220PUBLIC UTILITIES 228.7109221CIVIC ARENA 574.8609222CASCADE BAY 5,253.1509223CENTRAL PARK /COMMUNITY CENTER 275.4009225FIBER INFRASTRUCTURE FUND 24,853.6509328PARK SYS DEV AND R&R 47,716.5009335EQUIPMENT REVOLVING 4,450.0009346FIRE APPARATUS REVOLVING 1,215.0009353POLICE & CITY HALL REMODEL 15,554.0209372REVOLVING SAF-CONSTRUCTION 317,752.8309592BENEFIT ACCRUAL 3,167.0009593WORKERS' COMPENSATION SELF-INS 588.4109594Dental Self-insurance 2,444.4209695DAK CO DRUG TASK FORCE 209,022.0209880PAYROLL Report Totals 874,565.03 Agenda Information Memo May 19, 2020, Eagan City Council Meeting CONSENT AGENDA D. Approve Contracts Action To Be Considered: To approve the ordinary and customary contracts listed below. Facts: The contracts listed below are in order for Council approval. Following approval, the contracts will be electronically executed by the Mayor and City Clerk. Contracts to be approved: Independent Contractor Agreement with Anna Battistini for an Art Block Wayfinding Community Art Project Sponsorship Agreement with Genisys Credit Union for 2020 Parks & Recreation events Sponsorship Agreement with Think Mutual Bank for Market Fest Full‐Service Caterer Agreements with the following for catering services at the Eagan Community Center: o Ansari, Inc. doing business as Baba’s Catering by the Mediterranean Cruise Café o KRG doing business as Green Mill Restaurant o Mr. Pig Stuff doing business as Mr. Pig Stuff BBQ and Catering o Minathoe, Inc. doing business as Mintahoe Catering Printer Lease Agreement and Agreement Amendment with Marco Technologies LLC Attachments: (0) The contracts are available from the City Clerk’s Office. Agenda Information Memo May 19, 2020 City Council Meeting CONSENT AGENDA E. Approve Change Order #20, Project 18-06, Police Department and City Hall Renovation Action to Be Considered: Approve change order #20 for Project 18-06, Police Department and City Hall Renovation Facts: ➢Contract 18-06 provides for the renovation of the Police Department and City Hall facilities, including remodeled office space, building additions, a training room, and a new parking garage for Police squad cars. ➢On March 20, 2018, the City Council awarded the base bid and alternates to Ebert Construction. ➢The cost of the change order is $29,214.51. The change order includes modifications needed to the ADA-accessible ramp and parking spot, structural support required in the stairway, and additional mechanical and code requirements. ➢The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city and region. ➢The cost of the additional work under the change order will be the responsibility of the project contingency fund. ➢The change order has been reviewed by Wold Architects and the City’s project leadership team and is in order for favorable Council action. Attachments: (1) CE-1 Wold Architects, letter summarizing change order May 13, 2020 Dianne Miller Assistant City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: City of Eagan City Hall and Police Department Facility Remodel and Addition Commission No. 172086 Dear Dianne: We have concluded our review of various contract changes for the additions and renovation of the City Hall and Police Facility and the following recommendations represents a fair value for the work. This change order includes the following items: PR 209 & PR 225 During on site coordination, the louver on the exterior wall near the main stair need a revision to the structural support due to the existing condition of the wall. This cost represents the adjustments to the support and connecting duct work that was modified to fit the existing condition. Add Add $7,814.12 $8,662.87 PR 220 The large mechanical chase on the north side of City Hall required modifications to the mechanical curbs on the roof. This is the cost for the adjustments to the curb and the additional duct work extension within the chase. Add $2,208.42 PR 231 The building inspector required the removal of an abandoned exhaust fan in the breakroom. This is the cost for the removal and disconnection of the equipment along with the patching required on the roof. Add $2,710.94 PR 235 The method used to infill the mechanical chases in City Hall was modified due to construction constraints. The revised method resulted in a credit. Deduct ($5,028.62) PR 237 Roof deck patching was added earlier in the project for both Police and City Hall. At that time, we did not accept the portion for the City Hall as to not incur additional mobilization costs and determined this work should occur when the rest of City Hall was under construction. Add $3,125.85 PR 243 Due to site constraints, the ADA parking was relocated during construction to create a better route into the building. Part of this adjustment included the access ramp onto the sidewalk to be modified. This is the cost for that additional concrete work. Add $6,106.71 PR 244 As part of the City Hall break room adjustments, additional new flooring was required. This is the cost for the labor and material of that additional flooring. Add $2,133.60 Letter to Dianne Miller Page 2 GC 31 During the testing of the concrete in the front plaza, a small portion did not meet the project specifications. In lieu of replacing the concrete, the contractor offered a credit for the non-conforming work. Concrete will continue to harden over time and it was determined there is little risk to the City to accept this offer. Deduct ($1,000.00) GC 32 Per Owner request, the existing lighting in the basement level of the City Hall was upgraded as part of this project. This is the cost of those light fixtures. Add $1,261.05 RFI 419 The Fire Marshal required additional fire extinguishers above and beyond what is required by code throughout the city hall. Add $1,219.57 Total Change Order No. 20 $29,214.51 Once approved by City Council, please have all three Change Orders signed and returned to my attention. If you have any questions, please do not hesitate to call. Sincerely, Wold Architects and Engineers John McNamara | AIA, LEED AP, EDAC Partner cc: Michael Klass, Wold Amanda Marcott, Wold MF/CI_Eagan/172086/crsp/may20 Agenda Information Memo May 19, 2020 Eagan City Council Meeting CONSENT AGENDA F. Approve resolution adopting and authorizing implementation of the performance measures developed by the Council on Local Results and Innovation Action to be Considered: To approve a resolution adopting and authorizing implementation of the performance measures developed by the Council on Local Results and Innovation. Facts: In 2010, the State Legislature enacted legislation calling for the Council on Local Results and Innovation (CLRI) to establish a standard set of performance measures for cities. The performance measures are intended to aid residents, taxpayers, and state and local elected officials in determining the efficacy of cities in providing services. The CLRI established these performance measurements and solicits voluntary participation each year through the Office of the State Auditor. To participate, the City must annually approve a resolution adopting the measures. In addition to the results generated from participation, benefits to participating cities include remuneration of $0.14 per capita and exemption from levy limits. Sufficient flexibility exists to allow a city to participate on both a cost-effective and activity-specific basis. The City Council has participated in the program since 2011, passing similar resolutions each year. The required community survey was completed via the web site in conjunction with the League of Minnesota Cities. The City receives approximately $9,500 per year for participating in the program. Attachments: (2) CF-1 Resolution CF-2 2019 Online Survey Results CITY OF EAGAN RESOLUTION NO. 20-___ RESOLUTION APPROVING PERFORMANCE MEASURES WHEREAS, the State Legislature created the Council on Local Results and Innovation; and WHEREAS, Eagan has implemented a local performance measurement system as developed by the Council on Local Results and Innovation; and WHEREAS, Eagan surveys its residents every other calendar year on services included in the performance benchmarks; and WHEREAS, the Council on Local Results and Innovation released a standard set of performance measures for counties and cities that will aid residents, taxpayers and state and local elected officials in determining the efficacy of counties and cities in providing services and measure residents’ opinions of those services; and WHEREAS, cities and counties that choose to participate in the new performance measurement program may be eligible for a reimbursement from Local Government Aid and exemption from levy limits. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan does hereby approve the following Performance Measures and will publish the results of the Performance Measures before the end of the calendar year. Performance Indicator General Citizen survey - quality of services Citizen survey - overall appearance Percent change in the taxable property market value Police Citizen survey rating safety or ...Part I and II crime rates Police response times Fire Citizen survey - quality of services or ISO rating Fire response times Streets Citizen survey - quality of road conditions or... Average pavement condition rating. Citizen survey - quality of snow plowing Water Citizen survey - quality and dependability Operating cost per million gallons Sanitary sewer Citizen survey - quality and dependability Number of sewer blockages Parks and Recreation Citizen survey - quality of services APPROVED by the City Council of the City of Eagan, Minnesota, this 19th day of May 2020. CITY OF EAGAN By: ________________________________ Mike Maguire, Mayor ATTEST: _______________________________________ City Clerk 2019 Performance Indicators cityofeagan.com/2019-performance-indicators The Council on Local Results and Innovation, in concert with the Minnesota Legislature and the Office of the State Auditor has created a series of local performance indicators that residents can use to monitor city performance. The Eagan City Council has embraced indicators in the areas of police, fire, streets, water, sanitary sewer, parks and recreation, and overall performance, and every year adopts a resolution regarding the performance indicators to be measured and posted for the public by the end of the year. So how are we doing? Below are some of the results of the survey reflecting the most recent specific performance indicators established in the voluntary statewide program: General Performance Percent change in taxable property market value Increase of 9.7% from 2019 to 2020 How would you rate the overall appearance of the city? 1/6 How would you rate the overall quality of services provided by the city? Public Safety Police Response Times Response time to priority 1, emergency calls: 6.26 minutes in 2018 Response time to priority 2, non-emergency calls: 910 minutes in 2018 Response time to priority 3, routine calls: 14.81 minutes in 2018 The information entails calls for service managed by through the Dakota Communications Center. The times do not reflect calls for service initiated by staff in the field 2/6 How would you rate the overall quality of police services in the city? Fire Response Times Average for total fire incidents: 7 min 56 seconds in Jan-Nov 2019 Average for Code 3 (emergency) incidents: 7 min 34 seconds in Jan- Nov 2019 3/6 How would you rate the overall quality of fire services in the city? Streets How would you rate the overall condition of the city streets? 4/6 How would you rate the overall quality of snowplowing on city streets? Water Utilities & Sanitary Sewer How would you rate the overall quality of the city water supply? Water Operating Cost Per Thousand Gallons (including depreciation) $2.57 in 2018 5/6 How would you rate the overall quality of the city sanitary sewer service? Dependability 0 main line (City) sewer backups and 5 service line (private) sewer backups in 2018 Parks and Recreation How would you rate the overall quality of city recreational programs? 6/6 Agenda Information Memo May 19, 2020 Eagan City Council Meeting CONSENT AGENDA G. APPROVE change order for the Fire Station Four Remodel Action To Be Considered: Approve change order for the Fire Station Four Remodel Project. Facts: At the December 3, 2019 City Council Meeting a contract was awarded to Market & Johnson for the remodel and expansion project of Fire Station Four at 4200 Dodd Road. Since the construction started there have been several changes to the contract needed to continue to the project to be open the station as soon as possible. The cost of the changes made equal a total deduct of ($3,397) and are comprised of the following: •Millwork revisions (-$362) •Existing office/control room revisions $828 •Dorm electric boxes $560 •Existing apparatus bay floor finish $1,828 •Epoxy floor additional finish $543 Attachments: (1) CG-1 Change Order from CNH Architects *A1A Document G701- — 2017 Change Order PROJECT: (Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Eagan Fire Station Dorm Remodel Contract For: General Construction Change Order Number: 002 4200 Dodd Road Date: November 12, 2019 Date: May 5, 2020 Eagan, MN $560.00 PR#7 CR#10 Existing apparatus bays floor finish OWNER: (Name and address) ARCHITECT: (Name and address) CONTRACTOR: (Name and address) City of Eagan CNH Architects, Inc Market & Johnson, Inc. 3830 Pilot Knob Road 7300 W 147th St, Ste 504 7300 Hudson Blvd., Suite 165 Eagan, MN 55122 Apple Valley, MN 55124 Oakdale, MN 55128 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives) PR#5 CR#7R Millwork revisions in kitchen/restroom (-$362.00) PR#6 CR#8 Existing office/control room revisions $828.00 PR#6 CR#9 Dorm room gang boxes $560.00 PR#7 CR#10 Existing apparatus bays floor finish $1,828.00 PR#7 CR#11 Epoxy floor additional finish $543.00 Total $3,397.00 The original Contract Sum was $ 488,499.00 The net change by previously authorized Change Orders $ 3,916.00 The Contract Sum prior to this Change Order was $ 492,415.00 The Contract Sum will be increased by this Change Order in the amount of $ 3,397.00 The new Contract Sum including this Change Order will be $ 495,812.00 The Contract Time will be increased by Zero (0) days. The new date of Substantial Completion will be NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. CNH Architects, Inc ARC CT irr nar e) 444 SI Brooke Jacobson, Architect PRINTED NAME AND TITLE DATE Market & Johnson, Inc. CONTRACTOR (Firm name) SIGNATURE Randy LaFaive, Senior Project Manager PRINTED NAME AND TITLE 05/06/2020 DATE City of Eagan OWNER (Firm name) SIGNATURE PRINTED NAME AND TITLE DATE AIA Document G701" — 2017. Copyright ®1979, 1967, 2000, 2001 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," 'AIA," the AIA Logo, and `AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 17:12:31 ET on 05/05/2020 under Order No.9466656926 which expires on 03/0512021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail oopyright@aia.org. User Notes: (3I39ADA56) Agenda Information Memo May 19, 2020 Eagan City Council Meeting CONSENT AGENDA H. Approve amended Agreement between the City of Eagan (as fiscal agent for the Dakota County Drug Task Force) and the Organized Crime Drug Enforcement Task Force Program for assisting in investigations and initiatives Action to be considered: To approve an amended Agreement for the investigation assistance and reimbursement terms Facts: The Organized Crime Drug Enforcement Task Force (OCDETF) Program is a federal drug enforcement program overseen by the Department of Justice. It concerns itself with the disruption of major drug trafficking operations and related crimes. The Dakota County Drug Task Force (DCDTF) is a primary law enforcement agency in Dakota County fighting drug trafficking and violent crime. The DCDTF occasionally assists OCDETF in investigations and other initiatives, for which the DCDTF is reimbursed. The City of Eagan as a fiscal agent for the DCDTF is responsible for the administration and distribution of the funds received for the cost of overtime of officers assigned to the program. On February 4, 2020 the City Council approved an Agreement between the City of Eagan as fiscal agent for the Dakota County Drug Task Force and the Organized Crime Drug Enforcement Task Force Program for assisting in investigations and strategic initiatives. Information about specific initiative and Addendums A and B are added to the agreement. These additions require approval. Attachments: (1) CH-1 OCDETF Program amended Agreement ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES FY 2020 Agreement FOR THE USE OF THE STA TE OR LOCAL OVERTTh1E AND AUTHORIZED EXPENSE/STRATEGIC INITIATIVE PROGRAM ;aunt Requested:, I �-.., .... ·;;;·a;·-��,.�~, __ , �uhlfa@r·�f'.&ffi�en;,�s1��t� __ 1_3 _____ _ F m: January 1, 2020 Beginning Date of Agreement T : September 30, 2020 Ending Date of Agreement slate or Local Organization Christopher Melton Tl!r1!R�t:ilii·tN��id (as1i 994-6221 chrlstopher.melton@co.dakota.mn.us Sponsoring Federal Agency(ies): Drug Enforcement Administration DC#: W-32-0:CDETF Investigation I Strategic Initiative Nrber: GL-MN-0290oberation Southside Spud Nlme: Federal Agency Investigations: Number: S ate or Local Organization Name: Dakota County Drug Task Force A�dress to receive OCDETF paperwork (no PO Boxes): ATIN: Alexandra O'Leary 3830 Pilot Knob Rd Eagan, MN 55122 ' Sponsoring Federal Agency Group/Squad Supervisor: GS Frank Caira Telephone Number: (571) 385-3447 E-mail Address:frank.p.caira@usdoj.gov Please provide the name, telephone number, e-mail address, and fax number for the financial staff person at the State or Local Organization, who is directly responsible for the billing on the Reimbursement Request: !N�eJ Alexandra b'Leary 1:peJ/pii�rt¢•1(fo,ti1i�i) (651) 67s-so32 ::fi;��i.AµJ¥�,s1;) aoleary@cityofeagan.com Agreement (FY20), Page I ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES STATE OR LOCAL LAW ENFORCE.MENT OFFICERS ASSIGNED TO PARTICIPATE IN THE S'fATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE/STRATEGIC INITIATIVE PROGRAMS ,State'fitLbcti] .©JJg�¢zattop_:) Dakota County Drug Task Force OCDETF 1nvestigation / Strategic Initiative Num ber: GL-MN-0290/Southside Spud The Law Enforcement officers listed below will assist with the above identified OCDETF Investigation or Strategic Initiative. Any modification of the list of Law Enforcement officers must be agreed to in writing by all of the parties to this Agreement, made a part of the Agreement, and forwarded to the OCDETF Executive Office, .�:: J:J:J:tE.�, ,:QQ13i Team Lead/Agent Sgt/Agent Agent Agent Agent Agent Agent Agent Agent Agent Agreement (FY20), Page 8 ORGANIZED CRIME DRUG ENF'ORCEMENT TASK FORCES STATE OR LOCAL LAW ENFORCEMENT OFFICERS ASSIGNED TO PARTICIPATE IN THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSlUSTRATEGIC INITIATIVE PROGRAMS OCDETF Investigation/ Strategic Initiatjve Number: �L-MN-0290/Southside Spud --- The Law Enforcement officers listed below will assist with the above identified OCDETF Investigation or Strategic Initiative. Any modification of the list of Law Enforcement officers must be agreed to in writing by all of the parties to this Agreement, made a patt of the Agreement, and forwarded to the OCDETF Executive Office. Agent Agent 2. Agent 4. 5. 6. 7. 8. 9. 10. Agreement (FY20), Page 8 Agenda Information Memo May 19, 2020, Eagan City Council Meeting CONSENT AGENDA I. Approve On‐Sale Liquor and Sunday Liquor License and Off‐Sale Brew Pub License for Granite City, Inc. doing business as Granite City Food & Brewery, 3330 Pilot Knob Road Action To Be Considered: To approve an On‐Sale Liquor and Sunday Liquor License and Off‐Sale Brew Pub License for Granite City, Inc., doing business as Granite City Food & Brewery, 3330 Pilot Knob Road. Facts: Granite City, Inc., has applied for an On‐Sale Liquor and Sunday Liquor License and Off‐Sale Brew Pub License for the Granite City restaurant located at 3330 Pilot Knob Road. Granite City, Inc. is the restaurant’s new ownership group. All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. Attachments: (0) Agenda Information Memo May 19, 2020 Eagan City Council Meeting CONSENT AGENDA J. Dakota County Aquatic Invasive Species Grant Action To Be Considered: Approve an Aquatic Invasive Species Grant Agreement with Dakota County to control Flowering Rush and to conduct aquatic invasive species (AIS) prevention activities and related public education and outreach and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Dakota County has grant funds for local government units and organizations to implement projects that help prevent the spread of aquatic invasive species (AIS). ➢ On April 7, 2020, the City Council authorized an application for a $2,500 grant to control Flowering Rush (Butomus ubellatus) in Holz and Hay lakes for the third consecutive year and to conduct AIS prevention activities and related public education and outreach. ➢ Flowering Rush is an AIS known to exist in only three sites in Dakota County, two of which are Holz and Hay lakes, predominant natural resources at Holz Farm and South Oaks parks, respectively. Holz Lake drains to Hay Lake, which drains to Schwanz Lake (Tr app Farm Park) through the storm sewer system. ➢ Flowering Rush was once sold as an ornamental plant but can aggressively spread through root systems along shorelines and crowd out native species. This negatively impacts natural habitat and biodiversity. Although Flowering Rush is an AIS, projects to remove it require a DNR permit. ➢ Last year, a County AIS grant reimbursed the City $4,500 to control Flowering Rush in Holz and Hay lakes, to control some of the challenging Purple Loosestrife infestations in Eagan, and to provide AIS prevention activities and related public education and outreach in southeast Eagan. ➢ In 2018, the County’s AIS grant reimbursed a City contractor to survey lakeshores for presence of Flowering Rush and to remove as much as possible by hand. ➢ The 2020 Agreement provides for purchases of native species to plant around much of the Holz Lake shoreline and along some Hay Lake shoreline, with the goal of re -introducing natives to make it difficult for Flowering Rush to remain established. We intend the project to involve homeowners and volunteers in planting as well as staff oversight and follow-up site care. City staff also will provide educational resources to lakeshore homeowners. ➢ The Agreement was prepared by Dakota County and has been reviewed by the City Attorney’s office and Public Works staff and found to be in order for favorable Council action. Attachments (1) CJ-1 Dakota County 2020 AIS Grant Agreement Dakota County Contract #C0032700 Page | 1 of 7 Dakota County Contract #C0032700 AQUATIC INVASIVE SPECIES AID GRANT AGREEMENT This Grant Agreement (Agreement) is made and entered into by and between the County of Dakota, acting through its Environmental Resources Department (County) and the City of Eagan (City). RECITALS WHEREAS, under Minn. Stat. Ch. 373.01 the County is empowered to enter into this Agreement; WHEREAS, the County has received an appropriation from the State of Minnesota for Aquatic Invasive Species Prevention Aid; WHEREAS, pursuant to Minnesota Statute Section 477A.19, the County has authority to coordinate programs to manage and prevent the growth of aquatic invasive species with local units of government, soil and water conservation districts, watershed districts, or lake associations, in the County; and WHEREAS, the City of Eagan has proposed Southeast Eagan Flowering Rush Control (Services). WHEREAS, the City agrees to perform all Services described in this Agreement to the satisfaction of the County; NOW THEREFORE, in reliance on the above statements and in consideration of the mutual promises and covenants contained in this Agreement, the County and the City agree as follows: AGREEMENT 1. Parties. The parties to this Agreement are the County and City, collectively referred to as the “parties”. 2. Effective Date and Term. Notwithstanding the dates of signatures of the parties to this Agreement, the effective date of this Agreement is from April 1, 2020 through December 31, 2020, or until completion by the parties of their respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. 3. Purpose. The purpose of this Agreement is to disburse Dakota County AIS Prevention Aid to the City for Aquatic Invasive Species prevention activities. 4. City Obligations. A. City shall provide the following services (Services), described as Southeast Eagan Flowering Rush Control, and more specifically in accordance with Dakota County’s Aquatic Invasive Species Plan and Dakota County’s Aquatic Species Grant Program, attached hereto and incorporated by reference herein as Exhibits A and B, and the City’s Proposal, attached hereto and incorporated by reference herein as Exhibit C. If there are any inconsistencies between this Agreement and the Exhibits, the priority of documents shall be as follows: 1) this Agreement; 2) the County’s Aquatic Invasive Species Plan (Exhibit A); 3) the County’s Aquatic Invasive Species Grant Program (Exhibit B); 4) the City’s Proposal (Exhibit C). Dakota County Contract #C0032700 Page | 2 of 7 B. Publicity: The City shall acknowledge funding or services provided by the County in any promotional materials, signage, reports, publications, notices, or presentations related to activities conducted under this Agreement. This section shall survive the expiration or termination of this Agreement. 5. Reimbursement from the County. The City will claim reimbursement for expenditures incurred in connection with the performance of activities that are eligible for reimbursement in accordance with this Agreement, the County’s Aquatic Invasive Species Plan, and the County’s Aquatic Invasive Species Grant Program. The County will reimburse the City within 45 calendar days of the City’s submission of invoices to the County. Invoices must be submitted in the form acceptable to the County. All requests for reimbursement must be submitted by December 15, 2020. The City must certify that the requested reimbursements are accurate, appropriate and eligible in accordance with the Dakota County Aquatic Invasive Species Plan, attached hereto and incorporated by reference to this Agreement as Exhibit A, that the City has documentation of the actual expenditures for which reimbursement is sought, and that such expenditures have not been otherwise reimbursed. All requests for reimbursement shall be made to: Dakota County Environmental Resources Department Attn: Emily Gable 14955 Galaxie Avenue Apple Valley, MN 55124 Email: emily.gable@co.dakota.mn.us The City understands and agrees that payments by the County to the City under this Agreement are dependent upon payments to the County from the State, through the Department of Revenue. The parties agree that payment to the County from the State is a condition precedent of this Agreement and if payment from the State is not obtained or continued or is decreased by any amount the County may reduce or terminate this Agreement by giving the City 30 days’ notice. If the Agreement is terminated due to lack of funding from the State, the City shall only be entitled to the actual cost of Services rendered up to the date of termination. If payment from the State to the County is decreased, the Parties may negotiate a decrease in the amount of Services provided in the Agreement. The City agrees that the County’s decision not to terminate shall be sufficient consideration for any modification of the Agreement. 6. Authorized Representatives. The following named persons are designated as the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the Authorized Representatives shall have only the authority specifically granted by their respective governing boards. Notice required to be provided pursuant this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification to this Agreement: For the County: For the Grantee: Georg Fischer or successor, Director Eric Macbeth, Water Resources Manager Environmental Resources Department City of Eagan 14955 Galaxie Avenue 3501 Coachman Point Apple Valley, MN 55124 Eagan, MN 55122 Telephone: 952-891-7554 Telephone: 651-675-5330 Email: georg.fischer@co.dakota.mn.us Email: emacbeth@cityofeagan.com Dakota County Contract #C0032700 Page | 3 of 7 In addition, notification to the County or the City regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. The parties shall provide written notification to each other of any change to the Authorized Representative. Such written notification shall be effective to change the designated Authorized Representative under this Agreement, without necessitating an amendment of this Agreement. 7. Indemnification and Insurance. Each party to this Agreement shall be liable for the acts or omissions of its officers, directors, employees or agents and the results thereof to the fullest extent authorized by law and shall not be responsible for the acts of the other party, its officers, directors, employees or agents. It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the parties’ acts or omissions. In the event of any claims or actions asserted or filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. To insure a unified defense against any third-party liability claims arising from work of the Project, City agrees to require all contractors or subcontractors hired to do any work on the Project to maintain commercial general liability insurance in the amounts consistent with the minimum limits of coverage established by Minn. Stat. § 466.04 during the provisions of services under this Agreement. Each party warrants that they will comply with the indemnity requirements through an insurance company, the League of Minnesota Cities Insurance Trust, or self- insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466. 8. Government Data Practices. All data collected, created, received, maintained, or disseminated for any purpose by the activities of the City because of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as Federal regulations on data privacy, including but not limited to the Health Insurance Portability and Accountability Act (HIPPA) where it applies. The City agrees to abide by these statutes, rules and regulations and as the same may be amended from time to time. 9. Assignment, Amendments, Waiver and Complete Agreement. A. Assignment. The City may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the County and a fully executed assignment agreement, executed by the County and the City. 1. Use of Contractors. The City will engage contractors to perform activities funded pursuant to this Agreement. However, the City retains primary responsibility to the County for performance of the activities and the use of such contractors does not relieve the City from any of its obligations under this Agreement. If the City engages any contractors to perform any part of the activities, the City agrees that the contract for such services shall include the following provisions: (1) The contractor must maintain all records and provide all reporting as required by this Agreement. Dakota County Contract #C0032700 Page | 4 of 7 (2) The contractor must defend, indemnify, and save harmless the County from all claims, suits, demands, damages, judgments, costs, interest, and expenses arising out of or by reason of the performance of the contracted work, caused in whole or in part by any negligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be liable. (3) The contractor must provide and maintain insurance through the term of this Agreement in amounts and types of coverage as set forth in the Insurance Terms, which is attached an Incorporated as Exhibit D, and provide to the County, prior to commencement of the contracted work, a certificate of insurance evidencing such insurance coverage. (4) The contractor must be an independent contractor for the purposes of completing the contracted work. (5) The contractor must acknowledge that the contract between the City and the contractor does not create any contractual relationship between County and the contractor. (6) The contractor shall perform and complete the activities in full compliance with this Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the activities. B. Amendments. Any amendment to this Agreement must be in writing and executed by the parties. C. Waiver. If the County fails to enforce any provision of this Agreement, that failure shall not result in a waiver of the right to enforce the same or another provision of this Agreement. D. Agreement Complete. This Agreement and exhibits contain all negotiations and agreements between the parties. No other understanding regarding this Agreement, whether written or oral may be used to bind either party. 10. Audit. The City shall maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the work performed pursuant to this Agreement. Upon request the City shall allow the County, Legislative Auditor or the State Auditor to inspect, audit, copy or abstract all books, records, papers or other documents relevant to this Agreement. The City shall use generally accepted accounting principles in the maintenance of such books and records, and shall retain all such books, records, documents and other evidence for a period of six (6) years from the date of the completion of the activities funded by this Agreement. 11. Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the County and the City, nor shall the County be considered or deemed to be an agent, representative or employee of the City in the performance of this Agreement. Personnel of the City or other persons while engaging in the performance of this Agreement shall not be considered employees of the County and shall not be entitled to any compensation, rights or benefits of any kind whatsoever. Dakota County Contract #C0032700 Page | 5 of 7 12. Governing Law, Jurisdiction and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement or its breach, must be with the appropriate state court with competent jurisdiction in Dakota County. 13. Nondiscrimination. The City agrees to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular, the City agrees not to discriminate against any employee, applicant for employment, or participant in this Agreement because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take action to ensure that applicants and employees are treated equally with respect to all aspects of employment, including selection for training, rates of pay, and other forms of compensation. 14. Compliance with the Law. The City agrees to conduct its work under this Agreement in compliance with all applicable provisions of federal, state, and local laws, ordinances, or regulations. The City is responsible for obtaining and complying with all federal, state, or local permits, licenses, and authorizations necessary for performing the work. 15. Default and Remedies. A. Events of Default. The following shall, unless waived in writing by the County, constitute an event of default under this Agreement: If the City fails to fully comply with any material provision, term, or condition contained in this Agreement. B. Notice of Event of Default and Opportunity to Cure. Upon the County's giving the City written notice of an event of default, the City shall have thirty (30) calendar days in which to cure such event of default, or such longer period of time as may be reasonably necessary so long as the City is using its best efforts to cure and is making reasonable progress in curing such events of default (the “Cure Period”). In no event shall the Cure Period for any event of default exceed two (2) months. Within ten (10) calendar days after receipt of notice of an event of default, the City shall propose in writing the actions that the City proposes to take and the schedule required to cure the event of default. C. Remedies. Upon the City’s failure to cure an event of default within the Cure Period, the County may enforce any or all of the following remedies, as applicable: 1. The County may refrain from disbursing the grant monies; provided, however, the County may make such a disbursement after the occurrence of an event of default without thereby waiving its rights and remedies hereunder. 2. The County may enforce any additional remedies it may have in law or equity. 3. The County may terminate this Agreement and its obligation to provide funds under this Agreement for cause by providing thirty (30) days’ written notice to the City. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall be a material breach of this Agreement and any supplemental agreement or modification to this Agreement or an event of default. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the other party. For purposes of termination and default, all days are calendar days. Dakota County Contract #C0032700 Page | 6 of 7 16. Non-Appropriation. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated immediately by the County in the event sufficient funds from the County, State, or Federal sources are not appropriated, obtained and continued at least at the level relied on for the funding of this Agreement, and the non-appropriation of funds did not result from any act or bad faith on the part of the County. 17. Ownership of Materials and Intellectual Property Rights. A. The County agrees to, and hereby does, assign all rights, title and interest it may have in the materials conceived or created by the City, or its employees or sub-grantees, and which arise out of the performance of this Agreement, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer-based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form (Materials) to the City. B. The City represents and warrants that Materials produced or used under this Agreement do not and will not infringe upon any intellectual property rights of another. Notwithstanding anything in this Agreement to the contrary, City shall indemnify and defend the County, at its expense, from any action or claim brought against the County to the extent that it is based on a claim that all or parts of the Materials infringe upon the intellectual property rights of another. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the Authority would otherwise possess. 18. Firearms Prohibited. Unless specifically required by the terms of this Agreement, no provider of services pursuant to this Agreement, including but not limited to employees, agents or subcontractors of City shall carry or possess a firearm on County premises or while fulfilling the requirements pursuant to the terms of this Agreement. Violation of this provision constitutes grounds for immediate suspension or termination of this Agreement at the sole discretion of the County. 19. Compliance with DNR requirements. A. Prior to conducting authorized watercraft inspections at water accesses, City must be a local government unit and execute a Delegation Agreement with the Minnesota Department of Natural Resources (DNR). B. City must obtain a permit from the DNR prior to conducting invasive aquatic plant management activities. 20. Severability. Every section, provision or part of this Agreement is declared severable from every other section, provision or part thereof to the extent that if any sections, provision or part of this Agreement shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision or part thereof. 21. Survival of terms. The following clauses survive the expiration or termination of this Agreement: 4.B. Publicity; 7. Indemnification; 8. Government Data Practices; 10. Audits; 12. Governing Law, Jurisdiction and Venue. 22. Electronic Signatures. Each party agrees that the electronic signatures of the parties included in this Contract are intended to authenticate this writing and to have the same force and effect as wet ink signatures. Dakota County Contract #C0032700 Page | 7 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. FOR DAKOTA COUNTY (I represent and warrant that I am authorized to execute this contract on behalf of Dakota County.) By: ____________________________________ Georg T. Fischer, Director Environmental Resources Department Date of signature: _________________________ APPROVED AS TO FORM: /s/ Helen R. Brosnahan 4/30/20 Assistant County Attorney Date County Attorney File No: KS-20-204-4 FOR THE CITY (We represent and warrant that we are authorized by law to execute this contract and legally bind the City.) By: _________________________________ Mike Maguire, Mayor Date of signature: _____________________ By: _________________________________ Christina M. Scipioni, City Clerk Date of signature: _____________________ Dakota County Resolution Number: 17-215 0 | P a g e Dakota County Aquatic Invasive Species Plan 2017 - 2020 Dakota County Contract #C0032700 Exhibit A - Page 1 of 28 Contents Aquatic Invasive Species (AIS) Advisory Committee .................................................................................. i Acronyms ................................................................................................................................................. i Introduction ............................................................................................................................................ 1 Dakota County Profile .......................................................................................................................... 3 What are Aquatic Invasive Species ....................................................................................................... 3 Pathways of Introduction and Spread .................................................................................................. 4 Laws and Regulations .......................................................................................................................... 4 AIS Best Management Practices ........................................................................................................... 5 Reporting AIS ....................................................................................................................................... 6 Local AIS Prevention Aid Program ........................................................................................................ 7 Plan Purpose and Program History........................................................................................................... 9 Adaptive Management ........................................................................................................................ 9 AIS Program Development ................................................................................................................... 9 Inventory and Assessment ..................................................................................................................... 13 AIS Infestations in Minnesota ............................................................................................................ 13 Current AIS Research in Minnesota .................................................................................................... 13 AIS Infestations in Dakota County ...................................................................................................... 15 Coordinating AIS efforts in Dakota County ......................................................................................... 17 Implementation Plan ............................................................................................................................. 18 Prevention ......................................................................................................................................... 18 Watercraft Inspections................................................................................................................... 18 Lake Service Provider Certification ................................................................................................. 19 Alternative Pathways Assessment .................................................................................................. 19 Early Detection .................................................................................................................................. 19 Monitoring and Assessments ......................................................................................................... 20 Lake Byllesby Assessments ............................................................................................................. 21 Volunteer Monitoring Network ...................................................................................................... 21 Rapid Response ................................................................................................................................. 21 Rapid Response Contingency Fund ................................................................................................. 22 Rapid Response Plan ...................................................................................................................... 22 Outreach and Education .................................................................................................................... 22 Outreach Materials ........................................................................................................................ 23 Youth Outreach Programs .............................................................................................................. 23 Wetland Health Evaluation Program .............................................................................................. 23 Grant Program ................................................................................................................................... 24 Appendix ............................................................................................................................................... 25 Photos of AIS found in Dakota County in 2016 (clockwise from top right): MN DNR (zebra mussels), Kayla Horan (rusty crayfish – Vermillion River), MN DNR (curlyleaf pondweed), MN DNR (flowering rush), Blue Water Science (Eurasia n watermilfoil – Schulze Lake), MAISRC (common carp) Dakota County Contract #C0032700 Exhibit A - Page 2 of 28 Aquatic Invasive Species (AIS) Advisory Committee Michael Rutten – Dakota County Water Resources, AIS Program Lead Brad Becker – Dakota County Water Resources Michael Behan – Dakota County Water Resources Paula Liepold – Vermillion River Watershed Joint Powers Organization Terry Vikla – Dakota County Operations Management – Parks Lindsey Albright – Dakota County Soil and Water Conservation District Acronyms AIS – Aquatic Invasive Species Committee – Dakota County AIS Advisory Committee DCSWCD – Dakota County Soil and Water Conservation District Extension – University of Minnesota – Extension LGU – Local Government Unit MN DNR – Minnesota Department of Natural Resources VRWJPO – Vermillion River Watershed Joint Powers Organization WMO – Watershed Management Organization Dakota County Aquatic Invasive Species Plan: 2017-2020 Adopted by the Dakota County Board of Commissioners on 4/18/2017 Plan prepared for the Dakota County Environmental Resources Department by the Dakota County Soil and Water Conservation District Dakota County Contract #C0032700 Exhibit A - Page 3 of 28 Introduction Since the early 2000s, the introduction and spread of aquatic invasive species (AIS) has occurred at an alarming rate throughout Minnesota and continues to be a growing concern across the state. Residents in Dakota County are not immune to these concerns. The county is bisected by the Vermillion River (Figure 1), many lakes and wetlands pocket suburban neighborhoods, and three major rivers define all or portions of the County’s northern, eastern, and southern borders (the Minnesota, Mississippi, and Cannon Rivers, respectively). The introduction of these non-native species (fish, plant, and invertebrate), unhindered by natural predators or disease, can cause quick, permanent, and detrimental alterations to a stream or lake ecosystem. As a result, these changes can have a negative impact on the recreational suitability of the stream or lake, which in turn, can impact the economic viability of the local community. AIS have already been detected in numerous Dakota County lakes, as well as the Vermillion (including its tributaries), Cannon, and Mississippi Rivers. There are also a number of invasive species, not currently found in Minnesota, that have the potential to negatively impact the health of waters in Dakota County as well. The Dakota County Aquatic Invasive Species Plan serves as a guide for the use of funding provided annually to Dakota County through the Minnesota Department of Natural Resources’ (MN DNR) Local AIS Prevention Aid program. The plan outlines the strategies utilized by Dakota County to help prevent the continued spread of AIS within the county and greater Minnesota. Through this program, Dakota County aims to support existing monitoring and implementation efforts by local government units (LGUs) and non-profit organizations (as well as conduct monitoring on waterbodies not currently monitored by LGUs), to assess AIS suitability within the County parks system (particularly Lake Byllesby), and to promote County-wide outreach efforts. The AIS program is overseen by the Dakota County Environmental Resources Department. In 2015, the Dakota County AIS Advisory Committee (Committee) was formed to provide ongoing management, oversight, and implementation of programs supported by AIS Prevention Aid funding. The Committe e consists of Dakota County and Dakota County Soil and Water Conservation District (DCSWCD) staff members, with additional input from a broad range of stakeholders. The Dakota County AIS Advisory Committee works closely with local, state and federal governments, as well as nonprofit and private organizations operating in Dakota County, to develop and implement AIS prevention programs. Organizations and interested citizens assist the AIS Advisory Committee to better prioritize resources and develop workable strategies to prevent the spread of AIS into local waters. The Dakota County AIS Plan involves continued engagement with stakeholders by developing and coordinating outreach tools, providing training opportunities, and implementing strategies that adhere to the best management practices for increasing AIS awareness, monitoring, and management. Dakota County Contract #C0032700 Exhibit A - Page 4 of 28 Figure 1. Dakota County Aquatic Invasive Species Infested Waters **For more information about the specific AIS found in local waterbodies, refer to Tables 4 and 5 on pages 15 and 16 of this plan Dakota County Contract #C0032700 Exhibit A - Page 5 of 28 Dakota County Profile Dakota County is 587 square miles in area and has a population of approximately 400,000. Situated in the southeast corner of the Twin Cities Metropolitan area, Dakota County is the third most populous county in the state of Minnesota. Founded in 1849, Dakota County was one of the original nine counties created by the Minnesota Territory Legislature, thus, it was established before Minnesota was considered a state. The County seat was first established in Kaposia in 1853, was moved to Mendota in 1854, and then moved again to Hastings in 1857, where it currently resides. Mendota, directly across the river from Fort Snelling, became the first European settlement in Minnesota. Dakota County features a land use ratio of approximately 1/3 urban, 1/3 suburban, and 1/3 rural. The confluence of two major rivers (the Mississippi and Minnesota) that form the county's northern and eastern borders further compliments Dakota County’s unique geography. The County’s development and history have been greatly influenced by its proximity to these rivers. Between 1990 and 2000, Dakota County's population grew by nearly 30 percent. Development has continued to move outwards from the urban core of Minneapolis and St. Paul into suburban municipalities (Burnsville, Eagan, Inver Grove Heights, Apple Valley, Farmington, Lakeville and Rosemount), which has resulted in the dramatic increase in population in recent years. What are Aquatic Invasive Species According to the MN DNR, AIS are aquatic organisms that are non-native to Minnesota and cause harm to both the economic prosperity and natural resources of a given community or waterbody, as well as have potentially negative impacts on human health. Not all non-native species become ‘invasive’. Some species fail to thrive in their new environment and naturally die off without harming the ecosystem. Others survive, but are unable to outcompete the native species, thus they ultimately coexist without destroying or displacing the native species. Commonly found invasive aquatic plant species in Dakota County include curly-leaf pondweed, Eurasian water milfoil, and purple loosestrife. Although less common, aquatic invasive invertebrates such as zebra mussels, rusty crayfish, and Chinese mystery snail are also present within the County. The introduction and subsequent spread of AIS typically results in habitat alteration, ecosystem degradation, and a loss of bio-diversity due to intensified competition for resources. AIS typically have few natural predators, are able to reproduce rapidly, and are more aggressive than native species (which ultimately diminishes the success of native species). Along with negatively affecting aquatic wildlife, AIS have the potential to impede recreational opportunities and disrupt industrial, municipal, and agricultural uses of public waters. AIS infestations often span geographic and jurisdictional boundaries; thus, it is critical to coordinate management and prevention strategies across watershed and jurisdictional boundaries to slow the spread of AIS. Dakota County Contract #C0032700 Exhibit A - Page 6 of 28 Pathways of Introduction and Spread The means and routes by which species are introduced into new environments are called ‘pathways’ or ‘vectors’. Some species that become invasive are intentionally brought to an area for various uses, but escape from captivity or are carelessly released into the environment. Other i nvasives are unintentionally imported, arriving through livestock and produce, by transport equipment such as packing material or in a ship’s ballast water, or attached to an engine or boat trailer when moving between waterbodies. Other pathways by which AIS can be introduced to an ecosystem include: • Docks and lifts (moved from an infested waterbody to an uninfested waterbody) • Water recreational equipment (i.e. water trampolines, rafts) and vehicles (i.e. tubes or jet skis) • Waterfowl hunters/angler gear (i.e. waders and boots) • Water gardens or shoreline restorations • Bait buckets • Wildlife Although several attempts have made to eradicate AIS from an infested waterbody, it is typically impractical to fully remove a population once it has been established. Working to prevent the introduction and spread of invasive species is the most effective way of protecting healthy, non-infested ecosystems. Laws and Regulations Current Minnesota state law prohibits the transportation of most aquatic plants. This law will not only help prevent the spread of Eurasian watermilfoil and other aquatic plants, but it will also reduce the risk of zebra mussels or other invasive animal species being transported while attached to aquatic plants. In addition, it will reduce the inadvertent transport of other harmful plants into or within the state. Under state law, it is unlawful to: • Transport aquatic plants, except as allowed in statutes • Transport zebra mussels and other prohibited species of animals • Place or attempt to place into waters of the state a boat, seaplane, or trailer that has aquatic plants, zebra mussels, or other prohibited invasive species attached Certain invasive species that can threaten natural resources and their use have been designated as prohibited invasive species in Minnesota. According to the MN DNR, it is a misdemeanor to possess, import, purchase, transport, or introduce these species except when under a permit for disposal, control, research, or educational purposes. Some of the prohibited invasive species found in Dakota County include Eurasian watermilfoil, curly-leaf pondweed, and purple loosestrife. Other invasive species are considered regulated invasive species. It is legal to possess, sell, buy, and transport regulated invasive species, but they may not be released or planted in public waters. Both the Dakota County Contract #C0032700 Exhibit A - Page 7 of 28 rusty crayfish and the common carp are examples of regulated invasive species found in Dakota County, whereas other regulated species not currently found in Dakota County (as of 2017) include water hyacinth and spiny waterflea. A complete list of prohibited, regulated, and unregulated invasive species (both aquatic and terrestrial), as well as information regarding the transport of water and regulated activities in infested waters, can be found at www.dnr.state.mn.us/invasives/laws.html. As of July 1, 2012, a boat lift, dock, swim raft, or associated equipment that has been removed from any waterbody may not be placed in another waterbody until a minimum of 21 days have passed by. Regulations relating to the transportation of water in boats and other water-related equipment by boaters from all waters in the state include: • A person leaving waters of the state must drain all water from water-related equipment, including bait containers, live wells, and bilges. They must also remove the drain plug before transporting the watercraft and equipment from the water access or riparian property • Drain plugs, bailers, valves, or other devices used to control the draining of water from ballast tanks, bilges, and live wells must be removed or opened while transporting watercraft and water- related equipment • Emergency response vehicles and equipment may be transported on a public road with the drain plug or other similar device replaced only after all water has been drained from the equipment upon leaving the waterbody • The following are exempt: o Portable bait containers used by licensed aquatic farms o Portable bait containers used when fishing through the ice, except on waters designated infested for viral hemorrhagic septicemia (VHS) o Marine sanitary systems Businesses that are defined by Minnesota law as lake service providers need to have the owner or manager attend aquatic invasive species training and apply for a lake service provider permit every three years. Employees are also required to take an online training in order to be certified to work in Minnesota waters. More information about the lake service provider training and permitting process can be found at: http://www.dnr.state.mn.us/lsp/index.html. AIS Best Management Practices The MN DNR promotes several best practices that anyone can follow to help stop the spread of AIS: • Clean all aquatic plants, zebra mussels, and other invasive species from watercraft, trailers, and water-related equipment before leaving any water access or shoreland • Drain water-related equipment (boat, ballast tanks, portable bait containers, motor) and drain bilge, livewell and baitwell by removing drain plugs before leaving a water access or shoreline property. Keep drain plugs out and water-draining devices open during transport Dakota County Contract #C0032700 Exhibit A - Page 8 of 28 • Dispose of unwanted bait, including minnows, leeches, and worms, in the trash. Refill the bait container with bottled or tap water if planning on keeping bait Some invasive species are small and difficult to see at the access. In order to properly remove AIS from your watercraft or other equipment, take one or more of the following precautions before moving to another waterbody, especially after leaving zebra mussel and spiny waterflea infested waters: • Spray with high-pressure water • Rinse with very hot water (120°F for at least 2 minutes; or 140°F for at least 10 seconds to kill zebra mussels) • Dry for at least 5 days Reporting AIS If you believe that you have found an invasive species in a local lake or river, please collect the following information in order to complete the reporting process: 1. Map it - Note where you found the plant or animal (where on the lake, near which access or road). Take GPS coordinates of the specimen if possible. 2. Take photos or make a collection - Take photos of the plants or animals. For plants, include close-ups of the leaves, their attachment to the stem, and any flowering structures that might be present. When making a collection of an aquatic plant: a. Keep in a plastic bag with water b. Label with specific location, date, your name c. Refrigerate the sample For animal specimens, focus on the top and sides of the specimen, making note of special markings or coloration on the body. 3. Identification - use the following resources to try to identify the specimen: a. DNR page on aquatic plants (native and non-native) b. Aquatic invasive plants identification webpages Potential new AIS findings are to be reported to the MN DNR using the new online reporting platform, EDDMapS Midwest. The EDDMapS (Early Detection and Distribution Mapping) system is accessible through the aforementioned website, but it also has an associated smartphone and tablet app to make it easy to report locations of invasive species while out in the field. All data submitted through EDDMapS is reviewed by state verifiers at the MN DNR to ensure the accuracy of submissions. Once reviewed, infestation reports are freely available to scientists, researchers, land managers, land owners, educators, conservationists, ecologists, farmers, foresters, state and national parks. EDDMapS combines data from other databases and organizations, as well as volunteer observations, to create a national network of invasive species distribution data that is utilized by the MN DNR to track the spread of AIS in Minnesota. For more information about AIS in your area or if you have questions about the AIS reporting process, please contact a local DNR invasive species expert. Dakota County Contract #C0032700 Exhibit A - Page 9 of 28 Local AIS Prevention Aid Program In 2014, the Minnesota state legislature passed a county aid tax bill (Chapter 308, HF3167: Omnibus tax bill. Article 1: Property Tax Aids and Credits. Section 11) providing $10 million annually to Minnesota counties to help prevent the spread of AIS. The distribution of funds is based on a calculation considering each county's share of watercraft trailer launches and watercraft trailer parking spaces (Figure 2). In July 2014, $4.5 million dollars was distributed to the 87 Minnesota counties. In 2015 and thereafter, that value was increased to $10 million per annum. The statute does not require matching funds, and while state statute allocates funding beyond 2014, funding beyond 2017 is not guaranteed at this time. In accordance with the legislative directive (Minnesota State Statute 477A.19, Appendix D), Dakota County received $58,052 in 2014, $129,004 in 2015, $128,471 in 2016, and is projected to receive $121,690 in 2017. Figure 2. Motorized boat launches in Dakota County 1. Lilydale Regional Park (Lilydale) 9. Spring Lake Regional Park (Nininger Township) 2. Minnesota River (Fort Snelling State Park) 10. Mississippi River south of Lock and Dam No. 2 (Hastings) 3. MN DNR boat launch (South St. Paul) 11. Lake Rebecca (Hastings) 4. Cedar Avenue Bridge/Blackdog Road (Burnsville) 12. Lake Isabelle (Hastings) 5. Fish Lake (Eagan) 13. Vermillion River (Ravenna Township Dushane’s Landing) 6. Crystal Lake (Burnsville) 14. Vermillion River (Ravenna Township) 7. Orchard Lake (Lakeville) 15. Lake Byllesby (Lake Byllesby Regional Park) 8. Lake Marion (Lakeville) Dakota County Contract #C0032700 Exhibit A - Page 10 of 28 Counties are required by statute to establish and submit guidelines, either by resolution or through the adoption of a county plan, that detail how the Local AIS Prevention Aid funding will be used. Counties must use the funds to prevent or limit the spread of AIS at all accesses within the county. Funds may be appropriated directly or a portion of the funds can be directed towards LGUs, park districts, joint powers boards, watershed districts and watershed management organizations (WMOs), as well as lake associations and non-profit groups located in the County, to be used for AIS prevention. Guidelines must be submitted to the MN DNR by December 31 each year that payments are received. Each county is responsible for deciding on how to best use the funds while still abiding by all current laws and regulations at the state level. More information about the Local AIS Prevention Aid Grant can be found at: http://www.dnr.state.mn.us/invasives/ais/prevention.html. Dakota County Contract #C0032700 Exhibit A - Page 11 of 28 Plan Purpose and Program History The purpose of the County’s AIS program is to prevent the introduction of new AIS, prevent further spread of existing AIS, and reduce the potential for environmental and economic impact brought on by AIS infestations. To this effect, in 2015 the Dakota County Board of Commissioners passed a resolution (14-587) adopting the following guidelines for using the AIS Prevention Aid grant: • Prepare a comprehensive inventory of boat launches and waterbodies at risk • Undertake awareness campaigns • Develop early detection and response procedures • Manage existing populations of aquatic invasive species • Establish partnerships with local units of government, water management organizations, Soil and Water Conservation District or lake associations Adaptive Management This plan is intended to serve as a working document to guide activities and the use of the Local AIS Prevention Aid funds by Dakota County. The fluid nature of this plan is meant to provide a framework from which to establish programs that can best deal with new infestations or promote new outreach opportunities with community partners. The management of AIS is a relatively new field in water resource management, particularly at the County level, and with that, it must be taken into account that experience and new scientific research must be incorporated into future actions in order to prevent and manage the presence of AIS. As such, this plan will be reviewed by the Dakota County AIS Advisory Committee on a yearly basis; plan priorities will be reviewed and any necessary amendments will be made at that time. AIS Program Development County staff determined that the first phase (2014 and 2015) of the AIS program would focus on waterbodies that have motorized boat launches and associated parking lots. Once AIS program efforts are established on waterbodies with motorized boat launches, a second phase (2015-2016) of AIS programming occurred to incorporate AIS program elements on both smaller waterbodies and those that do not have motorized boat launches and/or associated parking lots. Activities at motorized boat launches tend to be the main spreading source for AIS, but because of the connectivity between waterbodies (particularly within in Lebanon Hills Park), it was important to monitor the type and distribution of AIS on those smaller waterbodies in order to gain a better understanding of the potential for introductions in larger, higher use waterbodies. Dakota County Contract #C0032700 Exhibit A - Page 12 of 28 2014 In 2014, the MN DNR distributed a list of motorized boat launches that could be incorporated into Dakota County’s AIS program. The initial list included 18 boat launc hes on access points on both lakes and rivers located around the County. Staff visited and investigated each site in the fall of 2014 to evaluate the presence of MN DNR AIS signage at the launch. New or updated AIS signage was ordered from the MN DNR to be installed at the launch, if necessary. 2015 Beginning in 2015, Dakota County initiated a public awareness campaign using a third party advertising company to print and place educational posters and other materials at indoor and outdoor locations throughout Dakota County, including 5 gas stations and 14 bar/restaurants. AIS awareness campaign materials were focused towards the boating community at gas stations, restaurants, and bars that boaters and anglers use, and were consistent with AIS messaging used statewide by the MN DNR (Clean, Drain, and Dry campaign). Dakota County Contract #C0032700 Exhibit A - Page 13 of 28 The campaign was in place for four months (June through September 2015). AllOver Media estimated 476,700 monthly impressions from the media in the five gas stations, and 210,000 monthly impressions from the media in the 14 bars and restaurants. Dakota County also developed content for the AIS program to be displayed on the County’s website and purchased AIS educational display materials that can be made available to local communities or school groups for use as part of various environmental events and ongoing outreach activities. Dakota County looked for opportunities to collaborate with other counties, watershed groups, and jurisdictions that share water resources with the County in order to promote a regional approach to AIS prevention strategies. Internal partnerships were also identified within the County organizational structure itself, as to encourage AIS programming that would be beneficial to various departm ents within the County. Cooperation between existing local organizations, such as cities and lake associations, was promoted to further the development and implementation of the County’s AIS plan. 2016 In 2016, a consulting firm hired by Dakota County con ducted AIS surveys on twenty lakes on County owned property and installed zebra mussel sampler plates at four lakes around the County. Dakota County also purchased a number of plates that were shared with LGUs and lake associations to be installed at public and private boat launches. County Transportation staff installed ‘Clean In, Clean Out’ pavement stencils at several boat launches in Lakeville, Burnsville, and at the County’s launch on Lake Byllesby. Dakota County continued to work with a third party advertising company to promote the AIS public awareness campaign and installed educational displays at the Lake Byllesby boat launch and near beach/campground office, at the Lebanon Hills Visitor Center, and at Jensen Lake near the start of canoeing trail. Dakota County purchased a number of outreach materials including the ‘Aquatic Invasive Species Early Detectors: A How-To Guide’ developed by Minnehaha Creek Watershed District and AIS identification WATCH Cards, to be shared with interested parties for use or further distribution to lake associations and watershed management organizations. In addition to the aforementioned outreach materials purchased in 2016, the AIS program also supported AIS identification training for volunteers with the Wetland Health Evaluation Program (WHEP) and youth outreach activities as part of the annual Metro Area Children’s Water Festival. The Dakota County AIS Committee also explored opportunities to partner with statewide AIS volunteer programs (University of Minnesota - Extension (Extension) - AIS Detector program and MN DNR - AIS Ambassador program). Lastly, the Committee investigated opportunities to expand the Vermillion River Watch volunteer stream monitoring program (managed by the DCSWCD and the Vermillion River Watershed ‘Clean In, Clean Out’ stencil Dakota County Contract #C0032700 Exhibit A - Page 14 of 28 Joint Powers Organization (VRWJPO)) to include an AIS monitoring component into the current monitoring platform. Beginning in early 2016, the Committee began researching the possibility of using the Local AIS Prevention Aid to develop a grant program to support AIS efforts of partner organizations. Grant funding is prioritized for protection and maintenance projects (early detection and response, established population control), and education programs. Approved projects must address AIS-related issues by utilizing multi-disciplinary, integrated solutions based on the best available science and technology. More information about the County’s AIS grant program can be found at https://www.co.dakota.mn.us/Environment/WaterQuality/AIS/. Dakota County Contract #C0032700 Exhibit A - Page 15 of 28 Inventory and Assessment Various types of AIS have been present in Minnesota over the last 200 years, but the rate of reported infestations is increasing at an alarming rate. Since the 1950s, public awareness of the importance of preventing new AIS introductions into Minnesota and managing existing infestations also increased. Public demand for AIS research, management, and education strategies has been particularly intensified the last 20 years. In order for management and prevention activities to be as effective as possible, the types and extent of AIS within Dakota County and surrounding areas must be known. This section highlights known AIS infestations in the state of Minnesota and Dakota County, focuses on priority species currently studied by state researchers, and provides information about the MN DNR’s Infested Waters List. Dakota County staff partnered with LGUs and WMOs in the county to conduct a ‘waterbody assessment survey’ to collect information pertaining to the types and frequency of AIS monitoring and/or management activities their organizations are undertaking. The survey findings will help optimize future County-led AIS programs to fill gaps and provide assistance to partner organizations. AIS Infestations in Minnesota At this time, there are 14 species of aquatic animals and 10 species of aquatic plants known to be invasive in Minnesota. Many of these species, such as the common carp, have been present in Minnesota for several decades. Others, such as the rapid invasion of zebra mussels, along with growing concerns about the spread of Asian carp, have brought AIS-related issues to the forefront more recently. As of December 2016, the MN DNR Infested Waters list includes 5% of Minnesota's public waters. The List features selected prohibited invasive species (including Brazilian elodea, brittle naiad, Eurasian watermilfoil, faucet snails, flowering rush, New Zealand mud snails, round goby, ruffe, white perch, and zebra mussels), selected regulated invasive species (spiny waterflea), and diseases (Viral Hemorrhagic Septicemia (VHS)). Lakes, rivers, ponds, and wetlands are added to the infested waters list by the MN DNR if it contains an aquatic invasive species that could spread to other waters. The MN DNR may also list a lake, river, pond or wetland as infested if it is connected to a body of water where an aquatic invasive species is present. For more information about AIS infested waterbodies in Minnesota, visit the Infested Waters List to find the official list of infested waters, including all rivers and stream segments of infested waterbodies. A map option is also available through EDDMapS Midwest, though it only displays infested lakes, wetlands, and major river pools. Current AIS Research in Minnesota Researchers at the Minnesota Aquatic Invasive Species Research Center (MAISRC), a research center based in St. Paul and working in cooperation with the MN DNR and Extension, are currently studying detection, prevention and control techniques for close to three dozen AIS that are considered to be Dakota County Contract #C0032700 Exhibit A - Page 16 of 28 high-risk for Minnesota. Several of the key species being studied by MAISRC are increasing in distribution across the state. The following tables identify AIS of concern and are grouped by fish, plant, and invertebrate species. Researchers evaluated each species’ existing distribution throughout (or near) Minnesota, their distribution potential, and their potential to adversely impact ecosystems once established. Note that plant species with control potential (i.e. chemical treatment or mechanical harvesting) are indicated in Table 2. Table 1. Priority invasive fish species in Minnesota as designated by MAISRC Common Name Scientific Name Distribution Risk of Spread Potential Impacts Common carp Cyprinus carpio Widespread High High Bighead carp Hypophthalmichthys nobilis Localized Spreading High Silver carp Hypophthalmichthys molitrix Localized Spreading High Grass carp Ctenopharyngodon idella Localized Spreading High Rainbow smelt Osmerus mordax Localized Spreading High Ruffe Gymnocephalus cernua Localized Spreading High Round goby Neogobius melanostomus Localized Spreading High Northern snakehead Channa argus Not found in MN Presumed High Presumed High Zander Sander lucioperca Not found in MN Presumed High Presumed High Table 2. Priority invasive plant species as designated by MAISRC Common Name Scientific Name Distribution Risk of Spread Potential Impacts Control Potential Curly-leaf pondweed Potamogeton crispus Widespread High High Yes Eurasian watermilfoil Myriophyllum spicatum Widespread High High Yes Hybrid/narrow leaf cattail Typha x glauca, T. Angustifolia Widespread High High Yes Purple loosestrife Lythrum salicaria Widespread High High Yes European haplotype- common reed Phragmites australis Localized High High Flowering rush Butomus umbellatus Localized High High Starry Stonewort Nitellopsis obtusa Localized High High Hydrilla Hydrilla verticillata Not found in MN High Likely High Water chestnut* Trapa natans Not found in MN Moderate Likely High Yellow floating heart* Nymphoides peltata Not found in MN Moderate Likely High Cabomba* Cabomba caroliniana Not found in MN Moderate Likely High European frog-bit* Hydrocharis morsus-ranae Not found in MN Moderate Likely High Curly waterweed* Lagarosiphon major Not found in MN Moderate Likely High *Species not likely to be found in MN, but have spread and caused impacts in inland waters of regions with a climate similar to that of MN Dakota County Contract #C0032700 Exhibit A - Page 17 of 28 Table 3. Priority invasive invertebrate species as designated by MAISRC Common Name Scientific Name Distribution Risk of Spread Potential Impacts Spiny waterflea Bythotrephes longimanus Established High High Zebra mussel Dreissena polymorpha Established High High Quagga mussel Dreissena rostriformis Established High High Faucet snail Bithynia tentaculata Established High High Rusty crayfish Orconectes rusticus Established Unknown Unknown New Zealand mud snail Potamopyrgus antipodarum Established Unknown Unknown Ponto-Caspian amphipod Echinogammarus ischnus Not found in MN Unknown High Killer shrimp Dikerogammarus villosus Not found in MN Unknown High Caspian mud shrimp Chelicorophium curvispinum Not found in MN Unknown High Red Swamp Crayfish Procambarus clarkii Not found in MN More information about MAISRC’s mission to “develop research-based solutions that can reduce the impacts of aquatic invasive species in Minnesota by preventing spread, controlling populations, and managing ecosystems; and to advance knowledge to inspire action by others” can be found by visiting MAISRC’s website: http://www.maisrc.umn.edu/ais-mn. AIS Infestations in Dakota County As of December 2016, there are 26 waterbodies in Dakota County listed on the MN DNR’s Infested Waters List (Table 4). The MN DNR will add a lake, river, pond or wetland to the Infested Waters List if the water is found to contain certain AIS that could spread to other waters. The MN DNR may also designate a lake, river, pond or wetland as infested if it is connected to a body of water where AIS is present as it is assumed that AIS will naturally spread between the water bodies. Table 4. MN DNR Infested Waters in Dakota County Waterbody Name City or Jurisdiction Invasive Species Year Listed Dow Number Alimagnet Burnsville Eurasian watermilfoil 2014 19-0021 Bridge Dakota County Eurasian watermilfoil 2016 19-0179 Byllesby Dakota County Flowering rush 2016 19-0006 Cobblestone Apple Valley Eurasian watermilfoil 2012 19-0456 Crystal Burnsville Eurasian watermilfoil 2007 19-0027 Earley Burnsville Eurasian watermilfoil 2007 19-0033 Fish Eagan Eurasian watermilfoil 2009 19-0057 Heine Pond Eagan Eurasian watermilfoil 2010 19-0153 Holland Dakota County Eurasian watermilfoil 2009 19-0065 Keller Burnsville Eurasian watermilfoil 2007 19-0025 Lac Lavon Burnsville Eurasian watermilfoil 2007 19-0446 Lac Lavon Burnsville Brittleleaf naiad 2007 19-0446 Lily Dakota County Eurasian watermilfoil 2016 19-0180 Marion Lakeville Eurasian watermilfoil 2007 19-0026 McDonough Dakota County Eurasian watermilfoil 2016 19-0076 Dakota County Contract #C0032700 Exhibit A - Page 18 of 28 O'Brien Dakota County Eurasian watermilfoil 2016 19-0072 Portage Dakota County Eurasian watermilfoil 2016 19-0074 Quarry Eagan Eurasian watermilfoil 2007 19-0128 Rebecca Hastings Zebra mussel 2009 19-0003 Schultz Dakota County Eurasian watermilfoil 2007 19-0075 Sunset Pond Burnsville Eurasian watermilfoil 2007 19-0451 Thomas Eagan Eurasian watermilfoil 2012 19-0067 Twin Lakes Burnsville Eurasian watermilfoil 2007 19-0028 Unnamed Lake Inver Grove Heights Eurasian watermilfoil 2016 19-0035 Unnamed Lake Eagan Flowering rush 2007 19-0064 Valley Pond Lakeville Eurasian watermilfoil 2007 19-0348 It is important to note that not all AIS identifications will trigger a listing on the infested waters list by the MN DNR. Of this subset of species, curly-leaf pondweed, reed canary grass, yellow iris, purple loosestrife, rusty crayfish, and Chinese mystery snail have all been located in Dakota County, but are not included in Table 4. Curly-leaf pondweed, reed canary grass, and purple loosestrife have been present in the County for a significant number of years, whereas rusty crayfish and Chinese mystery snails were found by volunteer groups in 2016. Rusty crayfish were found in the Vermillion River (Farmington and Hastings) and North Creek (Farmington) in the fall of 2016. Specimens were collected as part of routine biomonitoring activities performed by DCSWCD staff and by Hastings High School students participating in the VRWJPO’s Vermillion River Watch program. The Chinese mystery snails were discovered while monitoring Thompson Lake (West St. Paul) by volunteers participating in Dakota County’s Wetland Health Evaluation Program (WHEP). Several other prohibited and regulated AIS are known to be present within Dakota County and within close proximity to the County. These species (Table 5) are a growing concern due to their potential to spread to uninfested waterbodies in Dakota County. Table 5. Common AIS in Dakota County and greater Minnesota/Wisconsin Common Name Type Status Nearest Infested Water Location Bighead carp Fish Prohibited Mississippi River – Pool 1, 2, 3 Grass carp Fish Prohibited Mississippi River – Pool 1, 2, 3 Flowering Rush Plant Prohibited Cannon River Goodhue County, MN New Zealand mudsnail Invertebrate Prohibited Lake Superior Duluth, MN Silver carp Fish Prohibited Mississippi River – Pool 1, 2, 3 Spiny waterflea Invertebrate Prohibited Lake Mille Lacs Mille Lacs County, MN Zebra mussel Invertebrate Prohibited Lake Rebecca Hastings, MN Faucet snail Invertebrate Regulated Mississippi River – Pool 4 Banded, Chinese mystery snail Invertebrate Regulated Thompson Lake West Saint Paul, MN Common carp, koi Fish Regulated Lake Marion Lakeville, MN Goldfish Fish Regulated Vermillion River Watershed Japanese trap door snail Invertebrate Regulated Red Cedar River Rice Lake, WI Yellow iris or yellow flag Plant Regulated Kingsley Lake Lakeville, MN Dakota County Contract #C0032700 Exhibit A - Page 19 of 28 Management of AIS on the Mississippi and Minnesota Rivers is a collaborative process between several state and federal agencies including the MN DNR, the US Army Corps of Engineers, and the National Parks Service, amongst others. At this time, the MN DNR i s leading all monitoring and management activities related to AIS infestations on the Mississippi River within Minnesota jurisdiction, so management of those species identified as inhabiting the Mississippi River (namely the three carp species listed in Table 5) will not be addressed in this Plan. Coordinating AIS efforts in Dakota County In the fall of 2016, Dakota County began working with LGUs and WMOs to gather information on water resource management activities currently performed on MN DNR designated waterbodies throughout the county. The purpose of conducting the survey was to identify potential gaps in AIS-related programming that could be filled with financial, logistical, or programmatic support from the County through the funding provided by Local AIS Prevention Aid. The waterbody assessment survey was sent to representatives with all of the cities and townships in Dakota County that have DNR waterbodies within their boundaries (19 in all). The list of 379 waterbodies included all lakes, stormwater ponds, and wetlands with a MN DNR identification number. The baseline information gathered in the survey (Table 6) provides the County with a comprehensive list of the types of management and monitoring activities (and frequency at which they are completed) that are currently undertaken by LGUs and WMOs. Respondents were also asked to indicate the types of activities for which they would like support from the County – from performing an aquatic vegetation survey of a local lake, assisting with chemical treatments or harvesting, or coordinating consistent AIS messaging and educational programs to be used countywide. As of December 2016, respondents from eight cities and townships within Dakota County participated in the waterbody assessment survey. Table 6. Results from the 2016 Waterbody Assessment Survey Types of Monitoring and Management Activities Types of Assistance Requested Aeration Coordination and Funding for Aquatic Plant Surveys Alum Treatments Funding for Harvesting Activities Aquatic Plant and Shoreline Habitat Surveys Funding for Chemical Treatments Barley straw/Carbon Amendment Treatments Lakeshore Homeowner Educational Programming Biweekly LGU Staff Water Quality Monitoring Native Plant Educational Programming CAMP Monitoring AIS Education for Anglers Invasive Plant Control Participation in Lake Association Events Sediment Surveys WHEP Monitoring To learn more about the types of management activities that are being done to protect your local waterbodies, as well as what is being done to prevent the spread of AIS, please contact the water and natural resource specialists for your city, township, or WMO for more information. Dakota County Contract #C0032700 Exhibit A - Page 20 of 28 Implementation Plan This section of the Plan describes strategies proposed by Dakota County to prevent, detect, and manage AIS infestations. Using funds made available through Local AIS Prevention Aid, Dakota County will continue AIS monitoring activities on lakes with County-owned accesses on a rotational basis, as well as support AIS monitoring activities undertaken by neighboring counties that share waterbodies. Dakota County will also support efforts to identify alternate pathways for AIS to enter and move through the county, as well as the development of a network of trained volunteers to conduct AIS surveys in local waterbodies and youth outreach activities. Local interest in efforts to counteract the spread of AIS within Dakota County has led to the development of monitoring, management, and outreach partnerships between lake associations, city and county governments, local watershed management organizations, and the MN DNR. Funding from the Local AIS Prevention Aid will also be used to support AIS-related projects undertaken by LGUs and non-profits that operate in Dakota County through the development of a grant program. As mentioned previously, it is important to consider this plan to be fluid in nature, in that implementation activities discussed in this plan are subject to change over time due to advances in research on AIS management, the detection and potential establishment of new AIS in the County, and future opportunities for various educational or outreach programming or partnerships. As the Local AIS Prevention Aid funding amounts are not set for 2018 – 2020, the total expenditures shown in the Appendix are based upon the amount allocated to Dakota County in 2017 ($121,690). If Dakota County receives less than that amount in the coming years, less money will be allocated to the grant program in order to maintain the budget. Prevention AIS can be spread throughout the county via numerous pathways. Each pathway poses varying levels of risk depending on the water body and the specific AIS. Common pathways through which AIS spread include boat accesses, docks and boat lifts, and attached to water recreational gear. Watercraft Inspections The MN DNR’s watercraft inspection program was established in 1992. The goal of the program is to prevent the spread of AIS by placing trained inspectors at public water accesses to inspect watercraft and educate the public on AIS laws, including self-inspection and decontamination methods. While the MN DNR continues to fund the watercraft inspection program, many LGUs have instituted local inspection programs to supplement the DNR’s efforts. In 2017, Level 1 Watercraft Inspectors will be hired to conduct watercraft inspections at boat launches within Lake Byllesby Regional Park. The motorized boat access on Lake Byllesby is the only boat launch owned by Dakota County (access on Jensen Lake is carry-in only). All other motorized accesses within the County are owned and operated by LGUs or the State of Minnesota. Those entities are responsible for conducting watercraft inspections at their accesses. Dakota County Contract #C0032700 Exhibit A - Page 21 of 28 Level 1 Watercraft Inspectors are trained to inspect water-related equipment, both visually and tactilely, at the access before equipment is launched into the water. Inspectors are authorized to prohibit the launching or operations of water-related equipment if a person refuses to either allow an inspection or don’t remove water or vegetation. They can also require a watercraft (or other equipment) be decontaminated prior to launching into the lake. Inspectors will be hired via a local company that will support training the inspectors, as well as provide the necessary equipment to conduct inspections and coordinate inspection schedules. Inspectors will be stationed at the main boat launches in the park on weekends and holidays from the fishing opener through Labor Day. Inspectors may also be asked to move between the main watercraft access in the park and the two smaller accesses along the northern shore to perform inspections and educate the public on AIS best management practices. Lake Service Provider Certification In 2011, the Minnesota state legislature passed new laws related to the prevention and management of AIS that apply to lake service providers (marinas, dock haulers, lawn irrigators and others who install or remove equipment from state waters for hire). Based on this new law, service providers must obtain a permit from the MN DNR in order to legally work in lakes and rivers throughout the state. Service providers can obtain the permit by attending an AIS training hosted by the MN DNR and passing the certification test. In 2013, the law was updated to include any businesses that rent or lease any type of boats or other water-related equipment. At this time, Dakota County Parks and Recreation Department has various watercrafts (canoes, kayaks, paddleboards) that are available to the public to rent during the summer season at the Lebanon Hills Visitor Center for use in Lebanon Hills Regional Park. In accordance with the updated law, County parks staff will be attending certification trainings this spring and will apply to the MN DNR for the appropriate permit before the summer season begins. Alternative Pathways Assessment AIS can also be introduced into the environment, intentionally or accidently, through the dumping of live plant and animals purchased at local pet stores and nurseries into local waterbodies. Hundreds of species of plants, invertebrates, and fish from all over the world are sold through these businesses and are available for purchase by Dakota County residents. Such activities are high-risk pathways for AIS, but once identified, outreach efforts can be targeted to address these pathways. In 2017, Dakota County will support the investigation of alternative pathways, identify potential sources of AIS, and work to improve AIS education to different audiences utilizing the Habitattitude program. Early Detection Early detection monitoring provides opportunities to detect new AIS introductions before they become established in a given waterbody, ultimately increasing the feasibility of a rapid response/eradication effort. Significant cost-savings can be realized by adopting an effective early detection monitoring Dakota County Contract #C0032700 Exhibit A - Page 22 of 28 program in the form of reduced long-term control and management expenses, in addition to protecting existing natural resource investments. Dakota County recognizes LGUs and WMOs as the responsible entities for primary management of the water resources within their boundaries. Such responsibilities include surface water monitoring, tracking water quality trends, and implementing other lake and river water quality management actions. Because of the high level of water resources management currently undertaken by LGUs and WMOs, Dakota County will prioritize AIS monitoring and management efforts on waterbodies that are within the County Parks system (particularly Lake Byllesby) and filling in any gaps in AIS monitoring and assessment activities throughout the county. Monitoring and Assessments Current early detection monitoring activities on lakes with County-owned accesses include: • Aquatic vegetation surveys (point-intercept) o Species of interest: Eurasian watermilfoil, curlyleaf pondweed, flowering rush o Visual observations for cylindro (blue-green algae) and common carp • Suitability Assessments with reference to lake bottom sediments for AIS o Hydrilla, purple loosestrife, rusty crayfish, spiny waterflea, starry stonewort, Chinese and banded mystery snail, faucet snail, Asian carp, and snakehead • Installation of zebra mussel plate samplers at boat launches or fishing accesses In addition to the aforementioned activities, other AIS monitoring activities have been proposed as potential projects to consider in future years. These include biological monitoring (macroinvertebrate and habitat) at several locations in the Chub Creek, Trout Brook, and Pine Creek subwatersheds and performing an aquatic vegetation survey and sediment sampling of Chub Lake (headwaters of Chub Creek, located in Eureka Township). New AIS infestations discovered during these (or other) monitoring efforts conducted by State agency staff, County staff, consultants, or citizen volunteers will be reported to the MN DNR using the EDDMapS online reporting tool described earlier in this plan. An AIS survey and suitability assessment was conducted on several waterbodies within the Lebanon Hills Regional Park in 2016. The County plans to continue with this effort in future years by developing a monitoring program for all waterbodies in the County parks system (Lake Byllesby is currently being monitored by the Metropolitan Council). The monitoring program will consist of both surface water quality monitoring and aquatic vegetation surveys. Surface water quality sampling will be conducted on a monthly basis to provide information on the status of waterbodies, allowing for tracking of long -term trends, identification of potential or actual threats to water quality, and more effective management of the various waterbodies within the parks system. Aquatic vegetation surveys will be conducted twice during the growing season in order to identify new AIS, delineate existing AIS populations, and track the spread of AIS within a given waterbody. The goal of the program is to continue to monitor the presence of AIS in County parks and assess the potential for spread between waterbodies within the parks system. Dakota County Contract #C0032700 Exhibit A - Page 23 of 28 Lake Byllesby Assessments Because of the potential hazards to the Byllesby Dam that could be brought about by an AIS infestation in the lake, preventing an AIS introduction (particularly zebra mussels) in Lake Byllesby is a top priority for Dakota County. Both Dakota and Goodhue counties own and operate public water accesses on Lake Byllesby, necessitating the importance of collaborative partnerships to prevent new AIS infestations in the lake. In 2016, Goodhue County conducted an aquatic vegetation survey of Lake Byllesby. Since surface water quality and lake bottom sediment samples were not collected in 2016 (and are important to determine AIS suitability), Dakota County will complete sampling in 2017. Goodhue County will continue to conduct vegetation surveys of Lake Byllesby on an annual basis. Volunteer Monitoring Network Providing volunteers with the necessary training to identify and report potential infestations is one strategy to help prevent the spread of AIS within Dakota County. In order to support early detection monitoring efforts, the County will sponsor citizen participation in the University of Minnesota Extension’s new AIS Detector program in 2017. Through this program, AIS Detector volunteers will be trained to report potential AIS introductions in coordination with the MN DNR. Participants in the program will undergo a high level of training to ensure competency and ability to properly identify suspected AIS. AIS Detectors will not make definitive conclusions or announcements as to confirmation of the presence of AIS – instead, their role will be to determine if a report to the MN DNR is necessary by first screening out false-positive samples from being reported. The Detector program will focus on the priority species outlined in the ‘Current AIS research in Minnesota’ section of this plan. More information about the AIS Detector program can be found on their website: http://www.maisrc.umn.edu/ais-detector. Rapid Response Rapid assessment and response involves assessing the size of the AIS infestation relative to the resources and tools that are available to completely remove the infestation (“eradication”). The best defense against an AIS infestation in a local waterbody is utilizing strong preventative actions, like boat inspections at launch sites and educating the public about rules and regulations relating to AIS, in order to prevent AIS from ever entering the waterbody in the first place. Early detection of a new infes tation, and a subsequent response to that infestation, are considered the “second line of defense”, following prevention. Early detection and rapid response are core tenets of any effective invasive species management program. When the introduction of new AIS is detected, a prompt and coordinated response to contain the affected area (and provide treatment in order to eradicate the species, if feasible) can reduce the potential establishment, spread, and harmful impacts of a given species. Early detection and response to a new infestation can result in lower overall costs and reduced damage to the resource than implementing a long-term control program after an invasive species is established in the waterbody. Regular monitoring is necessary in order to detect new infestations in a timely manner so that the response plan can be as effective as possible. Eradication is always the primary goal of a rapid response Dakota County Contract #C0032700 Exhibit A - Page 24 of 28 plan. Failing to completely eradicate AIS from a waterbody means that the infestation will be a reoccurring problem in future years. Unfortunately, as is often the case, once AIS is established in a waterbody, successful eradication is unlikely, which further emphases the importance of prevention and early detection monitoring. Per the U.S. Fish & Wildlife Service AIS Branch, a basic rapid response includes: • Rapid confirmation of the identity of the suspicious organism; • Assess the extent of the infestation; • Quarantine of the infested area, if possible; • Quick review of available control options to choose one best suited for the treatment conditions; • Application of the chosen control option(s); and, • Modification of the control strategy as indicated by the results (“adaptive management”). Rapid Response Contingency Fund A portion of the funding provided to Dakota County through the Local AIS Prevention Aid Grant will be set aside on an annual basis to assist with rapid response activities in the county. Because all AIS infestations are unique, rapid response procedures will be initiated in partnership with, and following recommendations by, state and/or local agencies. The final response plan may have one of several possible goals relating to the infestation, such as containing the entirety of the AIS infestation within a given area, suppressing the population in order to slow its spread to other parts of the lake or river, or containing the AIS and preventing its spread to new locations by completely eradicating it. It is important to keep in mind that not all AIS infestations will necessitate a rapid response effort going into effect, so each new AIS infestation will be responded to on a case-by-case basis. Rapid Response Plan The Dakota County AIS Advisory Committee will begin development of a rapid response plan for new infestations in 2017. At this time, the Dakota County AIS Rapid Response Plan will: • Focus on rapid response for new and isolated AIS occurrences • Be adaptable to be useful in a variety for different species and waterbody types • Align with the MN DNR AIS Rapid Response Plan For more information about the MN DNR’s AIS Rapid Response Plan, go to http://www.dnr.state.mn.us/invasives/eco/index.html and the subheading ‘Responsibilities’. Outreach and Education One of the keys to successfully preventing AIS from spreading is to engage the public on AIS issues (major species of concern and their potential impact) and to communicate the importance of personal responsibility in regards to prevention. In doing this, Dakota County will continue to explore partnership opportunities with local businesses and community organizations, strengthen existing relationships with Dakota County Contract #C0032700 Exhibit A - Page 25 of 28 LGUs and lake associations, and support established outreach campaigns (such as those developed by the MN DNR and Minnesota Sea Grant) to promote consistent messaging across the County. Outreach Materials In 2016, the Dakota County AIS Committee hosted a roundtable event with representatives from LGUs. The meeting’s primary purpose was to determine how the County could best support AIS initiatives currently administered by the LGUs. From this meeting and subsequent discussions, it was determined that the LGUs would be best served by the County developing AIS-related outreach materials and supporting educational programming that could be used throughout the County. Using this direction, the County is working on several projects to meet the needs of interested organizations: • Purchasing AIS outreach materials from MN DNR, Wildlife Forever • Creating an ‘AIS travelling trunk’ with various outreach materials and giveaways to be used at local environmental events hosted by partner organizations • Developing a waterproof bathymetric map for Lake Byllesby with information related in invasive species laws, regulations, and best management practices Youth Outreach Programs The Dakota County AIS Committee will also look to support education activities that serve various groups within local communities. For the past several years, Dakota County has made both financial and in-kind support for the Metro Area Children’s Water Festival, an annual event organized for children in the Minneapolis/St. Paul metropolitan area. The purpose of the festival is to educate fourth grade students from local schools about water resources. The goal is to engage students about ways they can help ensure future protection and management of water quality and quantity. Each year, 200 to 250 students from schools in Dakota County participate in hands-on opportunities to learn about water and its importance to people and the natural environment. In recent years, AIS has taken on a larger focus at the Festival, serving as a first point of contact for many children to not only learn about AIS, but also find out what they can do to help prevent the spread. Wetland Health Evaluation Program Dakota County coordinates the Wetland Health Evaluation Program (WHEP; www.mnwhep.org), a volunteer program focused on determining the health wetlands in the county. WHEP volunteers are trained and work as part of a community-based team to collect data on wetland plants and macroinvertebrates, providing valuable information to local governments and decision makers. In 2016, the Dakota County WHEP team incorporated AIS plants and macroinvertebrates into the general monitoring protocols used by the volunteers. AIS plants and macroinvertebrates were also highlighted during the identification training sessions and were added to all print materials for volunteers to reference. AIS can be transferred between waterbodies by moving through pipes that connect stormwater ponds, so WHEP volunteers will be at the forefront to monitoring these alternative pathways during future monitoring seasons. Dakota County Contract #C0032700 Exhibit A - Page 26 of 28 Grant Program Beginning in 2017, the Dakota County AIS Committee is instituting a grant program to distribute the State of Minnesota’s Local AIS Species Prevention Aid funding for AIS-related projects in the County. The County and will consider a range of project proposals: • Education and Prevention Projects • Early Detection and Response Projects • Established Population Control Projects The goal of the grant program is to promote and support AIS management or education efforts by local organizations within the county. Those eligible to propose projects and compete for available funds include local municipalities, townships, watershed organizations, lake associations, and non-profits located in Dakota County. Collaborative proposals between partner groups are recommended to strengthen the effectiveness and positive outcomes of a given project. More information about the Dakota County AIS grant program can be found at https://www.co.dakota.mn.us/Environment/WaterResources/AIS. Dakota County Contract #C0032700 Exhibit A - Page 27 of 28 Appendix - Dakota County AIS Implementation Plan 2016 - 2020 Category Dakota County Actions 2016 2017 2018 2019 2020 Prevention Provide Level 1 AIS Inspectors at Lake Byllesby accesses $18,687 $20,000 $20,000 $20,000 Prevention Conduct Alternative Pathways Assessment $16,000 Prevention Alternative Pathways Assessment follow-up $3,000 Early Detection AIS assessments (vegetation, fish, sediment) of lakes with County-owned access $40,965 $9,500 $41,000 Early Detection Zebra mussel sampler plate monitoring $1,500 $500 $500 $500 $500 Early Detection Biomonitoring in Chub Creek, Pine Creek, and Trout Brook subwatersheds $4,500 $4,500 Early Detection Sediment and AIS suitability assessment of Lake Byllesby $6,100 $6,100 Early Detection Establish and support volunteer AIS Monitoring Network $1,750 $1,750 $1,750 $1,750 Rapid Response AIS Rapid Response Contingency Fund $2,000 $5,000 $5,000 $8,000 Rapid Response Develop AIS Rapid Response Plan In-kind Outreach and Education AIS billboard and local restaurant advertising $69,172 Outreach and Education Purchase and develop AIS outreach materials $9,841 $11,500 $6,500 $6,500 $6,500 Outreach and Education Support youth AIS outreach programs in local communities $1,000 $1,000 $1,000 $1,000 $1,000 Outreach and Education Support Wetland Health Evaluation Program $4,000 $4,000 $4,000 $4,000 $4,000 Grant Program AIS grant program $43,000 $79,000 $79,000 $36,000 Administration AIS program administration In-kind In-kind In-kind In-kind In-kind Administration Dakota County AIS Plan development In-kind In-kind In-kind Total $128,478 $121,537 $120,750 $120,750 $121,350 25 | P a g e Dakota County Contract #C0032700 Exhibit A - Page 28 of 28 Dakota County Aquatic Invasive Species Grant Program Application Deadline: Monday March 23, 2020 by 4:30 p.m. Introduction Dakota County is an annual recipient of Aquatic Invasive Species (AIS) Prevention Aid from the State of Minnesota as a result of 2014 Session Law Chapter 308. The purpose of the aid is to “prevent the introduction or limit the spread of aquatic invasive species at all the access sites within the county” (MN Statutes 477A.19). In 2015, the Dakota County Board of Commissioners passed a resolution adopting the following guidelines for the use of AIS Prevention Aid: 1)Prepare a comprehensive inventory of boat launches and waterbodies at risk 2)Undertake awareness campaigns 3)Develop early detection and response procedures 4)Manage existing populations of aquatic invasive species 5)Establish partnerships with local units of government, water management organizations, Soil and Water Conservation District or lake associations Dakota County has developed a grant program to fund local AIS prevention and management projects on waters within Dakota County. Examples of projects eligible for funding include (but are not limited to): education and outreach programs, early detection and population assessment, watercraft inspection and decontamination programs, and management of new or established AIS populations. Eligibility 1)All local government units (LGUs) and lake associations in Dakota County are eligible. 2)All projects must be conducted within Dakota County. 3)Project activities must be completed by December 1, 2020. Additional work may be proposed, but may not be funded during 2020. 4)Applicants requesting funding for projects that may potentially be funded from other grant sources may submit an application for County AIS funds and adjust the funding request if the outside funds are secured. Under no circumstances may an applicant be compensated more than once for the same work or material purchased. Applicant Guidelines 1)Applicants must complete the provided application form. Supplemental application materials will be accepted if deemed necessary by the applicant. 2)Proposals may receive full or partial funding based on number of funding requests and application ranking. 3)Matching funds are preferred, though not required. 4)All proposals must comply with applicable federal, state, and local laws, rules, and ordinances. Award recipients are expected to provide a copy of DNR permitting if aquatic plant management is proposed. Recipients are expected to provide a copy of an executed DNR Delegation Agreement if watercraft inspection activities are proposed. Dakota County Contract #C0032700 Exhibit B - Page 1 of 6 Evaluation Criteria Projects will be ranked by Dakota County staff based upon pre-determined criteria (see page 3). Staff will review projects to determine funding eligibility. Staff has the discretion to reject any application it believes does not meet statutory requirements for funding. Staff also has the discretion to request additional information before approval. Eligible Expenses Acceptable expenses include: professional services, materials, supplies, and labor, printing and promotions. Consideration of additional cost categories is at the discretion of Dakota County. Funds and Distribution An applicant may not be compensated for the same work or materials twice (through more than one grant program). Applicants may submit an application to this program and request that their award be adjusted should the proposal be funded through additional opportunities. Projects will be reviewed and ranked during the month of March and applicants will be notified of their application status in early April. A letter requesting reimbursement, along with appropriate receipts and accounting for expenses, must be submitted to the Dakota County Water Resources by December 15, 2020. Reporting Requirements Successful applicants must execute a grant agreement with Dakota County. Applicants are responsible for completing all project activities by December 1, 2020. Following completion of the project, a final report must be submitted by December 15, 2020 using a Dakota County AIS Grant reporting template provided to the applicants upon project approval. The report will include a summary of budget expenses, summary of activities (including treatment records, if applicable), and measurable results. Submission Applications are due by 4:30 pm on March 23, 2020. Send completed applications to: Dakota County Water Resources Attn: Emily Gable 14955 Galaxie Avenue Apple Valley, MN 55124 Email submission: emily.gable@co.dakota.mn.us Additional Information All questions regarding this RFP must be directed to Emily Gable – (952) 891-7008— emily.gable@co.dakota.mn.us by 4 p.m. March 16th, 2020. Responses will be posted on the Dakota County AIS webpage: https://www.co.dakota.mn.us/Environment/WaterResources/AIS/Pages/grant-program.aspx Dakota County Contract #C0032700 Exhibit B - Page 2 of 6 Application Evaluation and Grant Award The following criteria will be used to evaluate applications: Criteria Points Proposed project’s likely overall long-term impact on preventing the introduction and spread of AIS within Dakota County. This includes the applicant’s ability to clearly articulate the project goal/concept, define the implementation process, and establish measures of performance. 50 The degree of collaboration and/or outreach, the projects’ ability to leverage additional funds, and/or the demonstrated support of other entities in the community. 20 Proposed Budget and expenses in relation to the breadth, depth, and technicality of the work proposed. 30 TOTAL 100 Dakota County Contract #C0032700 Exhibit B - Page 3 of 6 Dakota County Aquatic Invasive Species Grant Application Applicant Information Organization/Applicant Name Type of Organization Government Non-profit Other Daytime # Date Address City State ZIP Email Contact Person Contact Person # If different than above Mailing Address If different than above City State ZIP Email Address If different than above Project Information Project Title Name(s) of affected water bodies If applicable Water body ID(s) If applicable Site Address If applicable City State ZIP Brief Project Description Project Funding Amount of ($) of AIS Grant Program Request $ Amount of ($) of Match/In-Kind Funding $ Total Project Cost ($) $ FUNDING REQUIREMENTS AND CONDITIONS: a) Once funding has been approved, expenditures must be completed by December 1, 2020. b) All funding recipients will be required to submit a report summarizing completed project activities to the Dakota County Environmental Resources Department by December 15, 2020. Pictures of the project or event are encouraged. c) Funding is provided on a reimbursement basis. A letter requesting reimbursement, along with appropriate receipts and accounting for expenses, must be submitted to the Dakota County Water Resources by December 15, 2020. d) Funds cannot be used for purchasing or supplying food. e) Matching funds, though preferred, are not required. f) Funding levels will vary and there may be times when there is no funding available. You may wish to inquire about availabilit y prior to filling out the application. g) Grant funding is not guaranteed based on application score. Final grant selection is at the sole discretion of Dakota County. Dakota County Contract #C0032700 Exhibit B - Page 4 of 6 Application Narrative Please limit your responses to questions 1-5 to no more than 2 pages. 1) Project Narrative: Describe the AIS issue and how this project will work to address the issue. Describe as specifically as possible project goals, the work plan for the project, timeline and expected outcomes. 2) Outcomes: What benefits will be realized within Dakota County as a result of this project, if funded? 3) Project Evaluation: How will you determine and measure success in ways that are meaningful to citizens and decision makers? 4) Required Approvals: Please list any required permits and status of approvals required for project implementation. Indicate whether the project has received support or approval from the Minnesota DNR, City, or Watershed Management Organization with local water planning authority. 5) Project Partners: Provide names, affiliations, contact information and roles of partners directly involved in this project. 6) Additional Information: Please include any additional information you would like to share with us regarding your project proposal. Work Plan Dakota County Contract #C0032700 Exhibit B - Page 5 of 6 Project Expenditures List the objectives that will comprise your project and estimated cost of each objective. Funding Types Objectives Requested Grant Funds Match Total 1 2 3 4 5 6 Total of Program Objectives $ $ $ Project Revenues Include other grant revenue sources, matching dollars, and in-kind contributions for your project, if any. Project Costs Project Sponsors Cash Contribution In-kind Contribution Total Project Support Project Sponsor Contribution Other Contributing Sponsors: 1 2 3 4 TOTAL: All project sponsors Grant amount requested Grand Totals Total Cash Total In-Kind Total Project Cost $ $ $ I certify that my answers are true and complete to the best of my knowledge. Name of Authorized Representative (please print): Authorized Representative Signature: Date: Dakota County Contract #C0032700 Exhibit B - Page 6 of 6 1 Dakota County Aquatic Invasive Species Grant Program Application Deadline: Monday March 23, 2020 by 4:30 p.m. Introduction Dakota County is an annual recipient of Aquatic Invasive Species (AIS) Prevention Aid from the State of Minnesota as a result of 2014 Session Law Chapter 308. The purpose of the aid is to “prevent the introduction or limit the spread of aquatic invasive species at all the access sites within the county” (MN Statutes 477A.19). In 2015, the Dakota County Board of Commissioners passed a resolution adopting the following guidelines for the use of AIS Prevention Aid: 1)Prepare a comprehensive inventory of boat launches and waterbodies at risk 2)Undertake awareness campaigns 3)Develop early detection and response procedures 4)Manage existing populations of aquatic invasive species 5)Establish partnerships with local units of government, water management organizations, Soil and Water Conservation District or lake associations Dakota County has developed a grant program to fund local AIS prevention and management projects on waters within Dakota County. Examples of projects eligible for funding include (but are not limited to): education and outreach programs, early detection and population assessment, watercraft inspection and decontamination programs, and management of new or established AIS populations. Eligibility 1)All local government units (LGUs) and lake associations in Dakota County are eligible. 2)All projects must be conducted within Dakota County. 3)Project activities must be completed by December 1, 2020. Additional work may be proposed, but may not be funded during 2020. 4)Applicants requesting funding for projects that may potentially be funded from other grant sources may submit an application for County AIS funds and adjust the funding request if the outside funds are secured. Under no circumstances may an applicant be compensated more than once for the same work or material purchased. Applicant Guidelines 1)Applicants must complete the provided application form. Supplemental application materials will be accepted if deemed necessary by the applicant. 2)Proposals may receive full or partial funding based on number of funding requests and application ranking. 3)Matching funds are preferred, though not required. 4)All proposals must comply with applicable federal, state, and local laws, rules, and ordinances. Award recipients are expected to provide a copy of DNR permitting if aquatic plant management is proposed. Dakota County Contract #C0032700 Exhibit C - Page 1 of 8 2 Recipients are expected to provide a copy of an executed DNR Delegation Agreement if watercraft inspection activities are proposed. Evaluation Criteria Projects will be ranked by Dakota County staff based upon pre-determined criteria (see page 3). Staff will review projects to determine funding eligibility. Staff has the discretion to reject any application it believes does not meet statutory requirements for funding. Staff also has the discretion to request additional information before approval. Eligible Expenses Acceptable expenses include: professional services, materials, supplies, and labor, printing and promotions. Consideration of additional cost categories is at the discretion of Dakota County. Funds and Distribution An applicant may not be compensated for the same work or materials twice (through more than one grant program). Applicants may submit an application to this program and request that their award be adjusted should the proposal be funded through additional opportunities. Projects will be reviewed and ranked during the month of March and applicants will be notified of their application status in early April. A letter requesting reimbursement, along with appropriate receipts and accounting for expenses, must be submitted to the Dakota County Water Resources by December 15, 2020. Reporting Requirements Successful applicants must execute a grant agreement with Dakota County. Applicants are responsible for completing all project activities by December 1, 2020. Following completion of the project, a final report must be submitted by December 15, 2020 using a Dakota County AIS Grant reporting template provided to the applicants upon project approval. The report will include a summary of budget expenses, summary of activities (including treatment records, if applicable), and measurable results. Submission Applications are due by 4:30 pm on March 23, 2020. Send completed applications to: Dakota County Water Resources Attn: Emily Gable 14955 Galaxie Avenue Apple Valley, MN 55124 Email submission: emily.gable@co.dakota.mn.us Additional Information All questions regarding this RFP must be directed to Emily Gable – (952) 891-7008— emily.gable@co.dakota.mn.us by 4 p.m. March 16th, 2020. Responses will be posted on the Dakota County AIS webpage: https://www.co.dakota.mn.us/Environment/WaterResources/AIS/Pages/grant-program.aspx Application Evaluation and Grant Award The following criteria will be used to evaluate applications: Dakota County Contract #C0032700 Exhibit C - Page 2 of 8 3 Criteria Points Proposed project’s likely overall long-term impact on preventing the introduction and spread of AIS within Dakota County. This includes the applicant’s ability to clearly articulate the project goal/concept, define the implementation process, and establish measures of performance. 50 The degree of collaboration and/or outreach, the projects’ ability to leverage additional funds, and/or the demonstrated support of other entities in the community. 20 Proposed Budget and expenses in relation to the breadth, depth, and technicality of the work proposed. 30 TOTAL 100 Dakota County Contract #C0032700 Exhibit C - Page 3 of 8 4 Dakota County Aquatic Invasive Species Grant Application Applicant Information Organization/Applicant Name City of Eagan Daytime # 651-675-5300 Date March 23, 2020 Type of Organization x Government Non-profit Other Address 3830 Pilot Knob Rd City Eagan State MN ZIP 55122 Email jkoehle@cityofeagan.com Contact Person Jessie Koehle Contact Person # If different than above 651-485-2235 Mailing Address If different than above Central Maintenance Facility, 3501 Coachman Point City Eagan State MN ZIP 55122 Email Address If different than above Project Information Project Title Southeast Eagan Flowering Rush Control Name(s) of affected water bodies If applicable Holz Lake; Hay Lake Water body ID(s) If applicable 19006400; 19006200 Site Address If applicable Holz Farm: 620 Cliff Rd; South Oaks Park: 675 N Hay Lake Rd City State ZIP Eagan MN 55123 Brief Project Description Experimental native shoreline plantings to help prevent flowering rush re-establishment after removal. Project Funding Amount of ($) of AIS Grant Program Request (Purchase plants) $ 2,500 Amount of ($) of Match/In-Kind Funding (City staff time) $ 4,940 Total Project Cost ($) $ 7,440 FUNDING REQUIREMENTS AND CONDITIONS: a) Once funding has been approved, expenditures must be completed by December 1, 2020. b) All funding recipients will be required to submit a report summarizing completed project activities to the Dakota County Environmental Resources Department by December 15, 2020. Pictures of the project or event are encouraged. c) Funding is provided on a reimbursement basis. A letter requesting reimbursement, along with appropriate receipts and accounting for expenses, must be submitted to the Dakota County Water Resources by December 15, 2020. d) Funds cannot be used for purchasing or supplying food. e) Matching funds, though preferred, are not required. f) Funding levels will vary and there may be times when there is no funding available. You may wish to inquire about availability prior to filling out the application. g) Grant funding is not guaranteed based on application score. Final grant selection is at the sole discretion of Dakota County. Dakota County Contract #C0032700 Exhibit C - Page 4 of 8 5 Application Narrative Please limit your responses to questions 1-5 to no more than 2 pages. 1) Project Narrative: Describe the AIS issue and how this project will work to address the issue. Describe as specifically as possible project goals, the work plan for the project, timeline and expected outcomes. Flowering rush (FR) in the form of emergent vegetation has infested Holz Lake since at least 2007, and Hay Lake since at least 2018. In 2018, we mapped, hand‐pulled, and, in limited cases, controlled FR with herbicide with help from a contractor. In 2019, the same sites were visited and FR plants hand-pulled, showing up in lower levels than 2018. Our goal is to reduce significantly or even eradicate FR from both lakes. The methods for achieving this goal will be continued surveillance and removal, supplemented in 2020 by experimental shoreline planting of hardy generalist emergent native plants along otherwise exposed, weathered, or poor-plant-quality shoreline areas on both lakes. For Holz Lake, this planting effort will occur mid-summer when the plants have the best chance of long-term survival, and will involve local residents’ volunteer participation, input, and education whenever possible. Based on shoreline plant ecology concepts, we believe this effort may improve Holz and Hay Lake shorelines in the long term, and may help prevent establishment of other AIS. 2) Outcomes: What benefits will be realized within Dakota County as a result of this project, if funded? • FR populations at Holz and Hay Lakes will be further reduced; • Quality and resilience of plant communities at Holz and Hay lakes will be improved; • The project could become a model case study for other similar sites to be rehabilitated; • Shoreline FR plant survey data summaries from 2017-2020 will be provided to Dakota County and will be available to the public for educational purposes; • Residents will have opportunities for continued education on FR, AIS, and healthy shorelines; • Networks of local volunteers and residents will be established and improved; • Residents/volunteers will become citizen scientists on the lookout for FR and other AIS; and • City and County staff networking and communication will continue to strengthen. 3) Project Evaluation: How will you determine and measure success in ways that are meaningful to citizens and decision makers? • Volume and locations of FR pulled will be compared year to year as a measure of success; • Plant health surveys at representative sampling locations will compare vegetation quality before and after the 2020 experimental plantings, and at least twice more through 2025 to determine natives’ establishment; and • Number of volunteer hours from shoreline homeowners and the greater community will be recorded specifically for the initial planting event(s) to demonstrate healthy shorelines as a shared community value. 4) Required Approvals: Please list any required permits and status of approvals required for project implementation. Indicate whether the project has received support or approval from the Minnesota DNR, City, or Watershed Management Organization with local water planning authority. Both the removal of FR and native planting activities within the DNR OHWL will require permits from the MN DNR, which will be acquired by the City in advance of project implementation. FR removal permits were readily granted by DNR in both 2018 and 2019. Approval to access private lakeshore property may also be desirable in specific cases, although lakeside access within the OHWL is legally available because Holz and Hay Lakes are public waters. Dakota County Contract #C0032700 Exhibit C - Page 5 of 8 6 5) Project Partners: Provide names, affiliations, contact information and roles of partners directly involved in this project. The City has already provided these four partner groups with information about prevention and control of FR, other AIS, and shoreline health. They will be targeted in 2020 for potential sources of volunteers for planting day(s) and to act as ongoing observers for novel AIS sightings. • Shoreline property owners of Holz Lake (12 homes) and Hay Lake (34 homes) • St. Thomas Becket Church (large landowner on Hay Lake) • Friends of Holz Farm (www.cityofeagan.com/friends‐of‐the‐farm) • Eagan‐Inver Grove Heights WMO (www.dakotaswcd.org/watersheds/eagan‐igh‐wmo) Potential sources of local volunteers: o High school students from School of Environmental Studies o Eagan Master Water Stewards (www.freshwater.org) 6) Additional Information: Please include any additional information you would like to share with us regarding your project proposal. Dakota County’s AIS Grant made the FR removal and shoreline plant surveys possible in both 2018 and 2019. The amount of FR has been reduced enough that the contractor suggested perhaps removal efforts would not be needed in 2020, and that future monitoring should help guide management action. We propose this experimental approach of proactively improving the native plant quantity, overall shoreline quality, and “shoreline IQ” of local homeowners to help reach the ultimate goal of FR eradication from Holz and Hay Lakes. Certainly ongoing monitoring will be needed, but our hope is by greatly reducing the FR load on both lakes and filling back in the most vulnerable shoreline spaces with hardy native plants, we stand a much better chance of success in controlling or eradicating FR from these locations and to fend off future AIS establishment. These lakes are particularly important as they are higher in the watershed and their AIS could potentially be spread to other lakes downstream. We note that many large-scale shoreline improvements can be costly and time-intensive, however this approach aims at a reasonable level of plantings to produce modest but important and long- lasting results. Selection of native species for plantings will be critical, both in success of site establishment and in resilience to herbivory; we are prepared for the challenge of plant selection and technical advice through our Watershed Specialist’s decades of experience in this area. Accomplishing an entire lakes’ shoreline planting sounds daunting, but we believe is achievable by targeting the most eroded or vulnerable locations with highest priority, and by using volunteer effort as much as possible, namely the lake residents themselves as well as other local organizations and nearby high school students. County funds would purchase enough plants for a reasonable start to this practical experimental planting project; City funding match would be in the form of staff time for project implementation and reporting. We do not plan to hire any contractors for FR control in 2020. Pl Dakota County Contract #C0032700 Exhibit C - Page 6 of 8 7 an Project Expenditures List the objectives that will comprise your project and estimated cost of each objective. Funding Types Objectives Requested Grant Funds Match Total 1 - April/May 2020: Re-establish shoreline resident contacts made in 2019, provide project info, determine best planting date(s), solicit other volunteers (8hrs staff time) $760 $760 2 - June/July 2020: survey emergent plants by canoe; hand-pull and note locations of FR which we expect to be fewer than in 2019 (16hrs staff time) $1,140 $1,140 3 – late June/early Aug 2020: Rate vegetation health based on WHEP methods for shorelines before & after plantings (4 hrs staff time) $380 $380 4 – late June 2020: Purchase native plants based on expert City staff advice and available supply, for both Holz and Hay lakes. More plants are intended for Holz Lake based on shoreline condition and extent of FR found in 2017-2019 (Plant cost + 4hrs staff time) $2,500 $380 $3,380 5 – late June/July 2020: Planting day(s)! City staff labor and direction of volunteers (16hrs staff time) $1,520 $1,520 6 – Sept/Oct 2020: Project reporting and follow-up resident communication (4hrs staff time) $380 $380 Total of Program Objectives $ 2,500 $ 4,940 $ 7,440 Project Revenues Include other grant revenue sources, matching dollars, and in-kind contributions for your project, if any. Dakota County Contract #C0032700 Exhibit C - Page 7 of 8 8 Project Costs Project Sponsors Cash Contribution In-kind Contribution Total Project Support Project Sponsor Contribution N/A Other Contributing Sponsors: N/A 1 2 3 4 TOTAL: All project sponsors Grant amount requested $3,000 Grand Totals Total Cash $ 2,500 Total In-Kind $ 4,940 Total Project Cost $7,440 I certify that my answers are true and complete to the best of my knowledge. Name of Authorized Representative (please print): Jessica J. Koehle Authorized Representative Signature: Date: March 23, 2020 Dakota County Contract #C0032700 Exhibit C - Page 8 of 8 INSURANCE TERMS Contractor agrees to provide and maintain at all times during the term of this Contract such insurance coverages as are indicated herein and to otherwise comply with the provisions that follow. Such policy(ies) of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the Contract indemnity provisions. The provisions of this section shall also apply to all Subcontractors, Sub-subcontractors, and Independent Contractors engaged by Contractor with respect to this Contract, and Contractor shall be entirely responsible for securing the compliance of all such persons or parties with these provisions. APPLICABLE SECTIONS ARE CHECKED 1.Workers Compensation. Workers' Compensation insurance in compliance with all applicable statutes including an All States or Universal Endorsement where applicable. Such policy shall include Employer's Liability coverage in an amount no less than $500,000. If Contractor is not required by Statute to carry Workers’ Compensation Insurance, Contractor agrees: (1) to provide County with evidence documenting the specific provision under Minn. Stat. § 176.041 which excludes Contractor from the requirement of obtaining Workers’ Compensation Insurance; (2) to provide prior notice to County of any change in Contractor’s exemption status under Minn. Stat. § 176.041; and (3) to hold harmless and indemnify County from and against any and all claims and losses brought by Contractor or any subcontractor or other person claiming through Contractor for Workers’ Compensation or Employers’ Liability benefits for damages arising out of any injury or illness resulting from performance of work under this Contract. If any such change requires Contractor to obtain Workers’ Compensation Insurance, Contractor agrees to promptly provide County with evidence of such insurance coverage. 2.General Liability. "Commercial General Liability Insurance" coverage (Insurance Services Office form title), providing coverage on an "occurrence" rather than on a "claims made" basis, which policy shall include, but not be limited to, coverage for Bodily Injury, Property Damage, Personal Injury, Contractual Liability (applying to this Contract), Independent Contractors, "XC&U" and Products-Completed Operations liability (if applicable). Such coverage may be provided under an equivalent policy form (or forms), so long as such equivalent form (or forms) affords coverage which is at least as broad. An Insurance Services Office "Comprehensive General Liability" policy which includes a Broad Form Endorsement GL 0404 (Insurance Services Office designation) shall be considered to be an acceptable equivalent policy form. Contractor agrees to maintain at all times during the period of this Contract a total combined general liability policy limit of at least $1,500,000 per occurrence and aggregate, applying to liability for Bodily Injury, Personal Injury, and Property Damage, which total limit may be satisfied by the limit afforded under its Commercial General Liability policy, or equivalent policy, or by such policy in combination with the limits afforded by an Umbrella or Excess Liability policy (or policies); provided, that the coverage afforded under any such Umbrella or Excess Liability policy is at least as broad as that afforded by the underlying Commercial General Liability policy (or equivalent underlying policy). Such Commercial General Liability policy and Umbrella or Excess Liability policy (or policies) may provide aggregate limits for some or all of the coverages afforded thereunder, so long as such aggregate limits have not, as of the beginning of the term or at any time during the term, been reduced to less than the total required limits stated above, and further, that the Umbrella or Excess Liability policy provides coverage from the point that such aggregate limits in the underlying Commercial General Liability policy become reduced or exhausted. An Umbrella or Excess Liability policy which "drops down" to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible or "retention" amount, shall be acceptable in this regard so long as such deductible or retention for each occurrence does not exceed the amount shown in the provision below. Contractor's liability insurance coverage may be subject to a deductible, "retention" or "participation" (or other similar provision) requiring the Contractor to remain responsible for a stated amount or percentage of each covered loss; provided, that such deductible, retention or participation amount shall not exceed $25,000 each occurrence. Such policy(ies) shall name Dakota County, its officers, employees and agents as Additional Insureds thereunder. 3.Professional Liability. Professional Liability (errors and omissions) insurance with respect to its professional activities to be performed under this Contract. This amount of insurance shall be at least $1,500,000 per occurrence and aggregate (if applicable). Coverage under such policy may be subject to a deductible, not to exceed $25,000 per occurrence. Contractor agrees to maintain such insurance for at least one (1) year from Contract termination. It is understood that such Professional Liability insurance may be provided on a claims-made basis, and, in such case, that changes in insurers or insurance policy forms could result in the impairment of the liability insurance protection intended for Dakota County hereunder. Contractor therefore agrees that it will not seek or voluntarily accept any such change in its Professional Liability insurance coverage if such impairment of Dakota County's protection could result; and further, that it will exercise its rights under any "Extended Reporting Period" ("tail coverage") or similar policy option if necessary or appropriate to avoid impairment of Dakota County's protection. Contractor further agrees that it will, throughout the one (1) year period of required coverage, immediately: (a) advise Dakota County of any intended or pending change of any Professional Liability insurers or policy forms, and provide Dakota County with all pertinent information that Dakota County may reasonably request to determine compliance with this section; and (b) immediately advise Dakota County of any claims or threats of claims that might reasonably be expected to reduce the amount of such insurance remaining available for the protection of Dakota County. Dakota County Contract #C0032700 Exhibit D - Page 1 of 2 4. Automobile Liability. Business Automobile Liability insurance covering liability for Bodily Injury and Property Damage arising out of the ownership, use, maintenance, or operation of all owned, non-owned and hired automobiles and other motor vehicles utilized by Contractor in connection with its performance under this Contract. Such policy shall provide total liability limits for combined Bodily Injury and/or Property Damage in the amount of at least $1,500,000 per accident, which total limits may be satisfied by the limits afforded under such policy, or by such policy in combination with the limits afforded by an Umbrella or Excess Liability policy(ies); provided, that the coverage afforded under any such Umbrella or Excess Liability policy(ies) shall be at least as broad with respect to such Business Automobile Liability insurance as that afforded by the underlying policy. Unless included within the scope of Contractor's Commercial General Liability policy, such Business Automobile Liability policy shall also include coverage for motor vehicle liability assumed under this contract. Such policy, and, if applicable, such Umbrella or Excess Liability policy(ies), shall include Dakota County, its officers, employees and agents as Additional Insureds thereunder. 5. Additional Insurance. Dakota County shall, at any time during the period of the Contract, have the right to require that Contractor secure any additional insurance, or additional feature to existing insurance, as Dakota County may reasonably require for the protection of their interests or those of the public. In such event Contractor shall proceed with due diligence to make every good faith effort to promptly comply with such additional requirement(s). 6. Evidence of Insurance. Contractor shall promptly provide Dakota County with evidence that the insurance coverage required hereunder is in full force and effect prior to commencement of any work. At least 10 days prior to termination of any such coverage, Contractor shall provide Dakota County with evidence that such coverage will be renewed or replaced upon termination with insurance that complies with these provisions. Such evidence of insurance shall be in the form of the Dakota County Certificate of Insurance, or in such other form as Dakota County may reasonably request, and shall contain sufficient information to allow Dakota County to determine whether there is compliance with these provisions. At the request of Dakota County, Contractor shall, in addition to providing such evidence of insurance, promptly furnish Contract Manager with a complete (and if so required, insurer- certified) copy of each insurance policy intended to provide coverage required hereunder. All such policies shall be endorsed to require that the insurer provide at least 30 days’ notice to Dakota County prior to the effective date of policy cancellation, nonrenewal, or material adverse change in coverage terms. On the Certificate of Insurance, Contractor's insurance agency shall certify that he/she has Error and Omissions coverage. 7. Insurer: Policies. All policies of insurance required under this paragraph shall be issued by financially responsible insurers licensed to do business in the State of Minnesota, and all such insurers must be acceptable to Dakota County. Such acceptance by Dakota County shall not be unreasonably withheld or delayed. An insurer with a current A.M. Best Company rating of at least A:VII shall be conclusively deemed to be acceptable. In all other instances, Dakota County shall have 15 business days from the date of receipt of Contractor's evidence of insurance to advise Contractor in writing of any insurer that is not acceptable to Dakota County. If Dakota County does not respond in writing within such 15 day period, Contractor's insurer(s) shall be deemed to be acceptable to Dakota County. 8. Noncompliance. In the event of the failure of Contractor to maintain such insurance and/or to furnish satisfactory evidence thereof as required herein, Dakota County shall have the right to purchase such insurance on behalf of Contractor, which agrees to provide all necessary and appropriate information therefor and to pay the cost thereof to Dakota County immediately upon presentation of invoice. 9. Loss Information. At the request of Dakota County, Contractor shall promptly furnish loss information concerning all liability claims brought against Contractor (or any other insured under Contractor's required policies), that may affect the amount of liability insurance available for the benefit and protection of Dakota County under this section. Such loss information shall include such specifics and be in such form as Dakota County may reasonably require. 10. Release and Waiver. Contractor agrees to rely entirely upon its own property insurance for recovery with respect to any damage, loss or injury to the property interests of Contractor. Contractor hereby releases Dakota County, its officers, employees, agents, and others acting on their behalf, from all claims, and all liability or responsibility to Contractor, and to anyone claiming through or under Contractor, by way of subrogation or otherwise, for any loss of or damage to Contractor's business or property caused by fire or other peril or event, even if such fire or other peril or event was caused in whole or in part by the negligence or other act or omission of Dakota County or other party who is to be released by the terms hereof, or by anyone for whom such party may be responsible. Contractor agrees to effect such revision of any property insurance policy as may be necessary in order to permit the release and waiver of subrogation agreed to herein. Contractor shall, upon the request of Dakota County, promptly provide a Certificate of Insurance, or other form of evidence as may be reasonably requested by Dakota County, evidencing that the full waiver of subrogation privilege contemplated by this provision is present; and/or, if so requested by Dakota County, Contractor shall provide a full and complete copy of the pertinent property insurance policy(ies). K/CM/Exh/Insure-No-Prof-Liability-CM.doc Revised: 10/07 Dakota County Contract #C0032700 Exhibit D - Page 2 of 2 Agenda Information Memo May 5, 2020 Eagan City Council Meeting CONSENT AGENDA K. Contract 20-03, Citywide Trail & Parking Lot Improvements Action To Be Considered: Receive the bids for Contract 20-03 (Citywide Trail & Parking Lot Improvements) and award a contract to Bituminous Roadways, Inc. for the base bid in the amount of $295,000.00 and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 20-03 provides for the following improvements: o Safari Reservoir – Driveway Reclamation o Pilot Knob Road - West side, North of Towerview Road to South edge, I-494 Bridge o Cliff Road – North & South sides, East side of Ches Mar Drive to West side of Lexington Avenue 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 construction activity for said improvements has been designed to occur within existing public right-of-way, public property or easements. ➢ On April 21, 2020, the Council approved the plans and specifications for Contract 20-03 and authorized the solicitation of competitive bids. ➢ On May 14, 2020, five bid proposals were received (see attached summary). The low bid, $295,000.00 was 23.0% below the Engineer’s estimate of $383,200.00. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. ➢ The low bid of $295,000.00 from Bituminous Roadways, Inc. has been found by the Public Works Department (Engineering) to be in order for favorable Council action. Attachments (1) CK-1 Bid Summary BID SUMMARY CITYWIDE TRAIL & PARKING LOT IMPROVEMENTS CITY CONTRACT 20-03 Bid Date/ Time: 10:30 a.m., Thursday, May 14, 2020 Contractors Total Base Bid 1. Bituminous Roadways, Inc. $295,000.00 2. Minnesota Roadways Company $311,666.30 3. S.M. Hentges & Sons, Inc. $319,678.50 4. McNamara Contracting $333,333.33 5. Northwest Asphalt, Inc. $364,188.36 Contract Low Base Bid Engineer’s Estimate % Over/Under Eng Estimate 20-03 $295,000 $383,200 -23.0% Agenda Information Memo May 19, 2020, Eagan City Council Meeting CONSENT AGENDA L. Adopt a resolution calling for a public hearing on June 2, 2020 on a proposal for the establishment of a housing improvement area and the imposition of fees (Countryside Villas Condominium Homeowners Association Project) on the housing units therein. Action To Be Considered: Adopt a resolution calling for a public hearing on June 2, 2020 on a proposal for the establishment of a housing improvement area and the imposition of fees (Countryside Condominiums Homeowners Association Project) on the housing units therein. Facts: Housing Improvement Areas (HIA) are governed by Minnesota Statutes and are a funding mechanism for townhome and condominium homeowner associations to finance common area improvements through the means of an owner-imposed special taxing district. Because private banks are often unwilling or unable to finance common area improvements, HIA’s are used when associations do not have enough reserve balances to address common area needs. The City of Eagan has approved three HIA’s for Cedar Bluffs (2006), Meadowlark Ridge (2010), and Coachman Oaks (2012). Repayments for all three are progressing as originally anticipated. On September 3, 2019, the City Council approved amended Housing Improvement Area Policy, Application, Process, and Housing Improvement Area Standards. Countryside Villas, a 19-unit townhome development on Gold Point Trail, has submitted a Housing Improvement Area Application. The City’s financial advisor has reviewed the application and found it to be feasible for both the City and the townhome association. A summary of the financial advisor’s review is attached. Minnesota Statutes requires Housing Improvement Areas to be financing of last resort. The townhome association has submitted letters of denial for permanent improvement financing from private lenders. Countryside Villas has requested maximum HIA financing of $870,000 for a general renovation of the exteriors of the buildings, interior common area renovation, and the replacement and upgrading of all asphalt driveways and parking areas, including the installation of concrete curb and gutter around the sides of the asphalt areas, among other improvements. In order to provide funds to the Association to satisfy a proposed temporary construction loan and to provide permanent financing for the Project, including cost of issuance of bonds and other services charges, the city may issue General Obligation Bonds on either a taxable or tax-exempt basis. Pursuant to the Housing Improvement Act, no action may be taken to establish a HIA or impose fees unless owners of 50 percent or more of the housing units that would be subject to fees in the proposed HIA file a petition requesting a public hearing on the proposed action with the City Clerk. The City’s Housing Improvement Area Policy requires that at least 65 percent of owners submit a petition supportive of the establishment of a Housing Improvement Area. The Association has submitted a petition signed by fourteen out of nineteen, or 73 percent, of owners that would be subject to fees in the proposed housing improvement area. Application documents and lists of improvements to be made to all or a portion of common elements are posted on the City’s website at https://www.cityofeagan.com/housing#housing-improvement-areas-for-townhome- condo-associations. Attachments: (3) CL-1 Resolution Calling for a Public Hearing, Forms of Mailed and Published Notices, and location maps CL-2 Memo, Northland Financial, April 24, 2020 CL-3 Draft Ordinance 4817-3042-5785\5 RESOLUTION NO. ______ CITY OF EAGAN RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR THE ESTABLISHMENT OF A HOUSING IMPROVEMENT AREA AND THE IMPOSITION OF FEES (COUNTRYSIDE CONDOMINIUM HOMEOWNERS ASSOCIATION PROJECT) ON THE HOUSING UNITS THEREIN WHEREAS, the City of Eagan, Minnesota (the “City”), is authorized under Minnesota Statutes, Sections 428A.11-428A.21 (the “Housing Improvement Act”), to establish, by ordinance, housing improvement areas (“HIA”) within which housing improvements are made or constructed and the costs of those improvements are financed in whole or in part by the City which is repaid by fees imposed upon the owners of the housing units within the HIA; and WHEREAS, the City has received an application (the “Application”) from Countryside Condominium Homeowners Association (“the Association”) requesting HIA financing; and WHEREAS, the project for which the HIA financing will be used is a general renovation of the exteriors of the buildings that make up the Association along with additional interior common area renovation and the replacement and upgrading of all asphalt driveways and parking areas, including the installation of concrete curb and gutter around the sides of the asphalt areas, among other improvement (the “Project’); and WHEREAS, the requested maximum HIA financing requested is $870,000; and WHEREAS, in order to provide funds to the Association to satisfy a proposed temporary construction loan and to provide permanent financing for the Project, including costs of issuance of bonds and other service charges, the City may issue General Obligation HIA Bonds on either a taxable or tax-exempt basis; and WHEREAS, Northland Securities, Inc., the City’s municipal advisor, has reviewed the Application on behalf of the City and found the Project to be feasible for the Association and the City; and WHEREAS, pursuant to the Housing Improvement Act, no action may be taken to establish a HIA or impose fees unless owners of 50 percent or more of the housing units that would be subject to fees in the proposed HIA file a petition requesting a public hearing on the proposed action with the City Clerk; and WHEREAS, the Association has submitted and this Council has received a petition signed by at least 65 percent of the owners that would be subject to fees in the proposed housing improvement area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 4817-3042-5785\5 1. A public hearing on the establishment of a HIA and the imposition of fees in the HIA will be held on June 2, 2020, according to the Notices of Public Hearing substantially in the forms attached hereto as Exhibit A (the “Published Notice”) and Exhibit B (the “Mailed Notice”). 2. The City Clerk is hereby authorized and directed to (i) cause the Published Notice to be published once at least seven days before the hearing in the official newspaper of the City and (ii) mail, (a) not less than ten days before the hearing, the Mailed Notice to the owner of each housing unit within the proposed area and (b) not less than seven days before the hearing, the Mailed Notice to any housing unit owner subject to a fee in the HIA. In addition to the information contained in the Published Notice in Exhibit A, the Mailed Notice to be mailed pursuant to (b) above shall also detail (i) the amount to be charged against the particular property; (ii) the right of the property owner to prepay the entire fee, and (iii) the number of years the fee will be in effect. 3. A draft copy of the Application and any other documents related to the housing improvement area, shall be on file in the office of the City’s Finance Director and also available on the City’s website at https://www.cityofeagan.com/housing#housing-improvement-areas-for- townhome-condo-associations on the date the Published Notice is published. 4. Dorsey & Whitney LLP, acting as bond counsel, is authorized to assist in the preparation and review of necessary documents relating to the Project and relating to any bonds issued to finance the Project. Adopted by the City Council of the City of Eagan, Minnesota, this 19th day of May, 2020. CITY OF EAGAN CITY COUNCIL By: _________________________ Its Mayor Attest: _______________________ Its Clerk Motion by: Seconded by: Those in favor: Those against: Date: May 19, 2020 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 19th day of May, 2020. ____________________________ City Clerk 4817-3042-5785\5 Exhibit A FORM OF PUBLISHED NOTICE CITY OF EAGAN EAGAN, MINNESOTA BEFORE THE CITY COUNCIL NOTICE OF PUBLIC HEARING TO CONSIDER ESTABLISHMENT OF THE COUNTRYSIDE CONDOMINIUM HOMEOWNERS ASSOCIATION HOUSING IMPROVEMENT AREA AND THE IMPOSITION OF FEES THEREIN NOTICE IS HEREBY GIVEN, that the City Council of the City of Eagan, Minnesota, will hold a public hearing on Tuesday, June 2, 2020, at 6:30 p.m., or as close thereto as possible, in the Council Chambers at City Hall located at 3830 Pilot Knob Road to consider the establishment of a Housing Improvement Area in the area attached hereto as Exhibit A and the imposition of fees therein. The Housing Improvement Area (the “HIA”) is being created and the fees imposed to assist in financing a general renovation of the exteriors of the buildings that make up the Countryside Condominium Homeowners Association (the “Association”) along with additional interior common area renovation and the replacement and upgrading of all asphalt driveways and parking areas, including the installation of concrete curb and gutter around the sides of the asphalt areas, among other improvements (the “Improvements”). The petition requirements of Minnesota Statutes, Sections 428A.12 have been met. The estimated costs of improvements, including administrative costs to be paid for in whole or part by the fee imposed is $870,000.00 (eight hundred seventy thousand dollars). The City intends to loan the Association funds to complete the Improvements and the loan to be repaid by fees imposed on property owners in the HIA. Terms of the loan will be disclosed prior to passing the ordinance establishing the HIA, pursuant to Minnesota Statutes, Sections 428A.11 through 428A.21. [All City costs will be paid by the Association]. All interested persons or persons owning housing units in the proposed area that would be subject to fees for housing improvements will be given the opportunity to be heard at the hearing. NOTE: Pursuant to Minnesota Statutes, Section 13D.021, this Council meeting may be conducted by electronic means. If it is and you wish to be heard, you may do so by submitting written comments by mail addressed to the City Clerk at City Hall (address above) or by email to the City Clerk at cmscipioni@cityofeagan.com, no later than noon on June 2, 2020, or by calling (651) 675-5050 during the hearing. Live-streaming of the meeting will be available online at https://www.cityofeagan.com/meetings. To find out whether the meeting will be held in-person or by electronic means, interested persons can check on-line at https//www.cityofeagan.com/meetings or call (651) 675-5000 (8:00 am to 4:30 pm, Monday 4817-3042-5785\5 through Friday). Dated: ___________, 2020 By Order of the Eagan City Clerk _______________________ 4817-3042-5785\5 Exhibit A MAP SHOWING THE BOUNDARIES OF THE PROPOSED HIA 4817-3042-5785\5 Exhibit B FORM OF MAILED NOTICE CITY OF EAGAN EAGAN, MINNESOTA BEFORE THE CITY COUNCIL NOTICE OF PUBLIC HEARING TO CONSIDER ESTABLISHMENT OF THE COUNTRYSIDE CONDOMINIUM HOMEOWNERS ASSOCIATION HOUSING IMPROVEMENT AREA AND THE IMPOSITION OF FEES THEREIN NOTICE IS HEREBY GIVEN, that the City Council of the City of Eagan, Minnesota, will hold a public hearing on Tuesday, June 2, 2020, at 6:30 p.m., or as close thereto as possible, in the Council Chambers at City Hall located at 3830 Pilot Knob Road to consider the establishment of a Housing Improvement Area in the area attached hereto as Exhibit A and the imposition of fees therein. The Housing Improvement Area (the “HIA”) is being created and the fees imposed to assist in financing a general renovation of the exteriors of the buildings that make up the Countryside Condominium Homeowners Association (the “Association”) along with additional interior common area renovation and the replacement and upgrading of all asphalt driveways and parking areas, including the installation of concrete curb and gutter around the sides of the asphalt areas, among other improvements (the “Improvements”). The petition requirements of Minnesota Statutes, Sections 428A.12 have been met. The estimated costs of improvements, including administrative costs to be paid for in whole or part by the fee imposed is $870,000.00 (eight hundred seventy thousand dollars). The City intends to loan the Association funds to complete the Improvements and the loan to be repaid by fees imposed on property owners in the HIA. Terms of the loan will be disclosed prior to passing the ordinance establishing the HIA, pursuant to Minnesota Statutes, Sections 428A.11 through 428A.21. [All City costs will be paid by the Association]. The amount to be charged against your particular property is $3,324 (three thousand three hundred twenty-four dollars) per year or $277 (two hundred seventy-seven dollars) per month. As the property owner, you have the right to prepay the entire fee, which shall be in effect for twenty (20) years. All interested persons or persons owning housing units in the proposed area that would be subject to fees for housing improvements will be given the opportunity to be heard at the hearing. NOTE: Pursuant to Minnesota Statutes, Section 13D.021, this Council meeting may be conducted by electronic means. If it is and you wish to be heard, you may do so by submitting written comments by mail addressed to the City Clerk at City Hall (address above) or by email to 4817-3042-5785\5 the City Clerk at cmscipioni@cityofeagan.com, no later than noon on June 2, 2020, or by calling (651) 675-5050 during the hearing. Live-streaming of the meeting will be available online at https://www.cityofeagan.com/meetings. To find out whether the meeting will be held in-person or by electronic means, interested persons can check on-line at https://www.cityofeagan.com/meetings or call 651-675-5000 (8:00 am to 4:30 pm, Monday through Friday). Dated: ___________, 2020 By Order of the Eagan City Clerk _____________________________ Dolomite DriveGold TrailCedar Grove ParkwayG o l d T r ail 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 EXHIBIT AMAP SHOWING THE BOUNDARIES OF THE PROPOSED HIA Northland Securities, Inc. 150 South Fifth Street, Suite 3300, Minneapolis, MN 55402 Toll Free 1-200-851-2920, Main 612-851-5900,www.northlandsecurities.com Member FINRA and SIPC | Registered with SEC and MSRB MEMORANDUM To:JillHutmacher,CityofEagan Tom Pepper, City of Eagan From:TammyOmdal,ManagingDirector Date:April24,2020 Re:HousingImprovementAreaforCountrysideCondominiums The City received an application from Countryside Condominium Homeowners Association (“the Association”) requesting Housing Improvement Area (HIA) financing (the “Application”). The project is a general renovation of the exteriors of the buildings that make up the Association along with additional interiorcommonarearenovationandthereplacementandupgradingofallasphaltdrivewaysandparking areas, including the installation of concrete curb and gutter around the sides of the asphalt areas, among other improvement (the “Project’). The requested maximum costs requested to be financed is $870,000. Northland, as financial advisor to the City, was asked to review the application with a focus on the following documents in the application: Reserve Study – the financial plan used to inform the set aside of the appropriate amount of money required for capital repairs and replacement for the Association’s infrastructure and surrounding assets; Reserve Plan - as part and from the study there is a thirty-year cash flow analysis, and a separately prepared replacement reserve plan; HIA Reserve Plan – a 30-year reserve plan for the Association; and Financial Plan – a 30-year financial plan that reflects the annual replacement reserve contributed based on the HIA Reserve Plan. Northland finds the documents to be complete. In our opinion, the financial structure is feasible for the Association and the City. We offer the following findings and conclusions as outlined below. Reserve Study, Reserve Plan, and HIA Reserve Plan Overview The Association contracted with a private firm by the name of Building Reserves to prepare a Reserve Study, submitted by Building Reserves on May 30, 2019. The Reserve Study consists of two parts: a property inspection (physical analysis) and a comprehensive financial analysis, which includes a 30-year replacement reserve plan. The Reserve Study was prepared by designated Reserve Specialists. This is a requirement of the City’s policy. City of Eagan, MN Countryside HIA April 24, 2020 Page 2 The Reserve Study detailed inventory of the Association’s major assets and identified specific and detailed improvements that are needed for the Association to protect the value of the property’s infrastructure and marketability. The analysis included estimated project costs and timing for the improvements, including repairs and replacements presented as a Reserve Plan. The Reserve Study included a 30-year replacement Reserve Plan. The Reserve Plan analyzed the status of the Association’s reserve fund, as of May 2019, and proposed a plan for reserve contributions from owners to pay for identified major common area expenditures in the future. In October 2019, Doug Strandness, a consultant to the Association (the “Consultant) prepared the HIA Reserve Plan. Both the Reserve Study and the HIA Reserve Plan provide a 30-year reserve plan with the components of the proposed improvements to be financed with assessments (together, the Reserve Plans). The components of the improvements within the HIA Reserve Plan come from the Reserve Study, for the most part. See Chart 1 that follows for the projected balance of Reserve Fund by year. The annual reserve contributions included in the HIA Reserve Plan are different than the annual amounts included in the Reserve Plan from the Reserve Study. The Consultant that prepared the HIA Reserve Plan is proposing a different level of contributions. See Chart 2 that follows for a comparison of the projected annual contributions to the Reserve Fund. The Reserve Plan, included in the Reserve Study, calls for an increase in the reserve contribution of approximately $81 per unit per month for 2020 followed by the contribution increasing at a rate of approximately 2.75% per year. The HIA Reserve Plan prepared by the Consultant calls for an increase of approximately $12 per unit per month for 2020 followed by the contribution increasing at a rate of 10.5% per year. Both plans result in total contributions over 30 years of approximately $1.0 million. Findings The Reserve Study and the Reserve Plans estimated the improvements to be funded from assessments (HIA fees) at $449,645 to $477,488, respectively. These estimates did not include contingency and fees and financing costs. The Application included total cost of improvements to be assessed at $628,570, plus $94,286 for contingency and $147,144 for fees and financing cost, for a total not to exceed cost of $870,000. The costs of improvements to be assessed in the Reserve Study and the Reserve Plans are different than the amount in the Application. We noted that the difference appears to be due to anticipated higher construction bids, or a decision to include projects that were otherwise programmed in the Reserve Study and the Reserve Plans to be undertaken in future years. See Chart 3 for a comparison of the cumulative project expenditures by year and in total presented on a future value basis. Conclusion The Association was asked to provide an explanation and reconciliation for the differences in estimated project costs between the HIA Reserve Plan and the Application. The Consultant responded that the City of Eagan, MN Countryside HIA April 24, 2020 Page 3 estimated costs from the Reserved Study represent the judgment of the engineer who did the study. Based on the Consultant’s experience with reserve studies, the estimates were most likely based on comparisons to other associations. According to the Consultant, based on the amount of time that the engineer spent at Countryside during the study, there was not the careful, in-depth investigation of the existing problems that was conducted more recently. This response confirms that the not to exceed assessment amount in the petition from the property owners is reasonable. The reserve contribution, proposed by the Consultant, is projected to be adequate. Exhibit A to this memorandum provides a financing option for the City to issue General Obligation, HIA Bonds, to provide funds to the Association to satisfy the proposed temporary construction loan and to provide permanent financing to pay for the Project, including costs of issuance of bonds and other service charges. Financial Plan Overview The Financial Plan was prepared by the Consultant and covers a term of 30 years. The Financial Plan includes the revenues and expenditures that we would expect. The projected revenue and expenses, with expense for the annual reserve contribution, are projected to be equal, with projected revenues to cover projected expenses. The annual HIA fees used to cover the reserve contribution will increase over the planning period from less than 10% of the total annual HIA fees to approximately 50%. See Chart 4 for the projected change in total annual HIA fees and the HIA fees per unit per month from 2020 to 2049. Findings We find the estimates in the Financial Plan to be reasonable. Conclusion The annual HIA fees to pay expenses and for contribution to the Reserve Fund, as shown in the Finance Plan, are projected to be adequate. City of Eagan, MN Countryside HIA April 24, 2020 Page 4 $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 $500,000 2019202020212022202320242025202620272028202920302031203220332034203520362037203820392040204120422043204420452046204720482049Chart1 ProjectedBalanceof ReserveFundby Year ReserveStudy (Est as ofMay 2019)ReservePlan (Est as ofOct 52019) $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 202020212022202320242025202620272028202920302031203220332034203520362037203820392040204120422043204420452046204720482049Chart2 ProjectedAnnualContributionsto ReserveFund Balance ResrveStudy (Est as ofMay 2019)ReservePlan (Est as ofOct 52019) City of Eagan, MN Countryside HIA April 24, 2020 Page 5 $0.0 $0.1 $0.2 $0.3 $0.4 $0.5 $0.6 $0.7 $0.8 2019202020212022202320242025202620272028202920302031203220332034203520362037203820392040204120422043204420452046204720482049MillionsChart3 CumulativeProjectExpendituresbyYear and in Total (FutureValue) ReservePlan (Est as ofOct 52019)ReserveStudy (Est as ofMay 2019)HIA Application $0 $200 $400 $600 $800 $1,000 202020212022202320242025202620272028202920302031203220332034203520362037203820392040204120422043204420452046204720482049$0 $50,000 $100,000 $150,000 $200,000 $250,000 TotalAnnualHIAFeesHIAFeesPerUnitPerMonthChart4 FinancialPlan Total AnnualHIAFeesand HIAFeesPerUnit PerMonth Annual HIA Feesto pay expenses not including reservecontribution (Est as ofOct 5 2019) Annual HIA fees for reserve contribution (Est as of Oct 5 2019) HA Fees Per Unit Per Month City of Eagan, MN Countryside HIA April 24, 2020 Page 6 Exhibit A Bond Proceeds to HIA 2 Bond Proceeds for Cost of Issuanceof Bonds 3 Par Amount of G.O. HIA Bonds 4 Total Interest 4 Average Annual City DS Levy Pledge 5 Average Annual HIA FeeRevenue to City 6 Average Annual Net HIAFee Revenueto City After DS 7 True Interest Costfor Bonds 8 Annual HIAFee Per Unit Per Year A Estimated Current Rates $854,150 $15,850 $870,000 $270,278 $59,864 $63,156 $3,291 2.64% $3,324 B Increase from Current Rates $854,150 $15,850 $870,000 $332,726 $63,143 $63,156 $0 3.19% $3,324 $0 $0 $0 $62,448 $3,279 $0 ($3,291) -0.55% $0 Notes: 1 2 3 4 The termof the Bonds is 20years. 5 6 7 8 NetHIA Fee Revenue to be used by the City to pay administrative costs. Scenarios compare debtservice on the bonds based on current rates and apotential increase in rates based on how much rates could increase by before the debt service on the bonds will exceed the HIA Fee Revenue. The true interestcostof the Bonds forScenario A is apreliminary estimate based on private placement rates as of April 22, 2020. Scenario Brate is based on how much rates may increase by (0.55%) from Scenario A before the HIA Fee Revenue will notcoverDS. The HIA Fee (Assessments) are spread over20years. Scenarios 1 Difference Bond proceeds available forthe City to provide to the Association to take-out the commitmentto the private lenderfor the temporary construction financing. Includes bond counsel fee, placementagentfee, and payingagent fee. Bonds will notbe rated. MN statutes requires the City pledge levy to provide atlease 5% in excess of amounts necessary to pay debtservice (DS), principal and interestof the bonds. City of Eagan, MN HousingImprovement Area(HIA) FinancingScenarios Countryside Condominiums Homeowners Association All Figures are Prelminary Estimates forPlanningPurposes Only 4840-7222-7772\10 CITY OF EAGAN ORDINANCE NO ____ AN ORDINANCE ESTABLISHING THE COUNTRYSIDE CONDOMINIUM HOMEOWNERS ASSOCIATION HOUSING IMPROVEMENT AREA AND IMPOSING AN IMPROVEMENT FEE ON HOUSING UNITS IN THE HOUSING IMPROVEMENT AREA PURSUANT TO THE MINNESOTA STATUTES CHAPTER 428A The City Council (the “Council”) of the City of Eagan, Minnesota (the “City”), hereby ordains: Section 1. Recitals. 1.01. The City is authorized under Minnesota Statutes, Sections 428A.11 to 428A.21 (the “Housing Improvement Act”) to, as implementing entity, establish by ordinance (1) a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area and (2) impose a fee (the “Improvement Fee”) on the housing units within the housing improvement area to reimburse the implementing entity for advances made to pay for the housing improvements or to pay principal of, interest on, and premiums, if any, on bonds issued by the implementing entity. 1.02. The City has determined a need to establish the Countryside Condominium Homeowners Association Housing Improvement Area as further defined herein (the “Countryside HIA”), in order to facilitate certain improvements to property known as the “Countryside Condominium,” all in accordance with the Housing Improvement Act. 1.03. The City has consulted with the Countryside Condominium Homeowners Association (the “Association”) and with residents in the Countryside HIA regarding the establishment of such area, the housing improvements to be constructed and financed, and the Improvement Fee to be imposed under this ordinance. Section 2. Findings. 2.01. The Council finds that owners of at least 65% of the housing units within the Countryside HIA and subject to the Improvement Fee have filed a petition with the City Clerk requesting a public hearing regarding establishment of such housing improvement area and the imposition of the Improvement Fee. 2.02. On June 2, 2020, the Council conducted a public hearing, duly noticed in accordance with the Housing Improvement Act, regarding adoption of this ordinance at which all persons, including owners of property within the Countryside HIA, were given an opportunity to be heard. 2 4840-7222-7772\10 2.03. The Council finds that, without establishment of the Countryside HIA, the Housing Improvements (as hereinafter defined) could not be made by the Association or the housing unit owners. 2.04. The Council further finds that designation of the Countryside HIA is needed to maintain and preserve the housing units within such area. 2.05. For the purpose of providing full disclosure of public expenditures and financing arrangements for the Countryside HIA (as required under Section 428A.13, subd. 1a(1) of the Housing Improvement Act), the Council determines that: (a) the City expects the Association to obtain a construction loan (the “Temporary Construction Loan”) from Northeast Bank (the “Interim Lender”) to finance the Housing Improvements; (b) the Association will pay any initial fees and amounts associated with the Temporary Construction Loan, including interest on the Temporary Construction Loan, until the HIA Bonds, as referred to hereinafter, are issued; and (c) subject to completion of proceedings for such issuance, the City will issue bonds (the “HIA Bonds”) and use proceeds of the HIA Bonds to reimburse the Association for any fees and amounts paid with respect to the Temporary Construction Loan prior to the issuance of the HIA Bonds and pay-off the outstanding principal balance on the Temporary Construction Loan. 2.06. In accordance with Section 428A.13, subd. 1a(2) of the Housing Improvement Act, the Council determines that the Association will contract for construction of the Housing Improvements. Section 3. Housing Improvement Area Defined. 3.01. The Countryside HIA is hereby defined as the area of the City including the following property addresses in the City and parcel identification numbers, and common area legal description: PID Address PID Address 101835001100 1983 GOLD TRL UNIT A 101835001110 3863 GOLD PT UNIT A 101835001101 1981 GOLD TRL UNIT A 101835001111 3861 GOLD PT UNIT A 101835001102 1979 GOLD TRL UNIT A 101835001112 3867 GOLD PT UNIT B 101835001103 1977 GOLD TRL UNIT A 101835001113 3865 GOLD PT UNIT B 101835001104 1983 GOLD TRL UNIT B 101835001114 3863 GOLD PT UNIT B 101835001105 1981 GOLD TRL UNIT B 101835001115 3861 GOLD PT UNIT B 101835001106 1979 GOLD TRL UNIT B 101835001116 3871 GOLD PT UNIT 101835001107 1977 GOLD TRL UNIT B 101835001117 3869 GOLD PT UNIT 101835001108 3867 GOLD PT UNIT A 101835001118 3873 GOLD POINTE 101835001109 3865 GOLD PT UNIT A 3 4840-7222-7772\10 The common area that is part of the Countyside HIA is legal described as: Lot 1, Block 1, Countryside Villa. 3.02. The Countryside HIA contains 19 housing units as of the date of adoption of this ordinance, along with common areas. Section 4. Housing Improvements Defined. 4.01. For the purposes of this ordinance and the Countryside HIA, the term “Housing Improvements” shall mean the general renovation of the exteriors of the buildings that make up the Association along with additional interior common area renovation and the replacement and upgrading of all asphalt driveways and parking areas, including the installation of concrete curb and gutter around the sides of the asphalt areas, among other improvements. 4.02. Housing Improvements shall also be deemed to include: (a) all costs of architectural and engineering services, overhead, and all similar soft costs in connection with the activities described in Section 4.01, including without limitation costs of a professional construction manager. (b) all administration, legal and consultant costs in connection with the Countryside HIA; and (c) costs of financing the Housing Improvements under the Housing Improvement Act. Section 5. Improvement Fee. 5.01. The Improvement Fee shall be imposed and equally distributed across all units. The Council specifically finds that such allocation is more fair and reasonable than a fee based upon the tax capacity or square footage of each housing unit (i) because the Association’s governing documents require such improvement costs to be divided equally among units and (ii) because the nature of the Housing Improvements does not create a different benefit to different housing units on the basis of the tax capacity or square footage thereof. 5.02. The Improvement Fee shall be imposed and payable for a period no greater than 20 years after the first installment is due and payable. 5.03. Any Improvement Fee may be prepayable. 5.04. Any Improvement Fee not prepaid by the housing unit owner shall be deemed to include interest on unpaid Housing Improvements costs at a rate not to exceed 3.85%. 5.05. The Improvement Fee shall be collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes, in accordance with Section 428A.15 of the Housing Improvement Act and Minnesota Statutes, Section 428A.05. As set forth in Section 428A. 14, subd. 2 of the Housing Improvement Act, the Improvement Fee is not included in the calculation of levies or limits on levies imposed under any law or charter. 4 4840-7222-7772\10 5.06. The Improvement Fee shall not exceed the amount specified in the notice of public hearing regarding the approval of such fee; provided, however, that the Improvement Fee may be reduced after approval of this ordinance setting the Improvement Fee if actual construction costs are less than the project budget. In that case, the reduction in Improvement Fee may be distributed equally across all housing units. Section 6. Annual Reports. 6.01. On August 15, 2020 and each August 15 thereafter until the Improvement Fee and all interest thereon is paid in full and all Improvement Fee revenues have been expended, the Association (and any successor in interest) shall be required to submit to the City Clerk a copy of the Association’s audited financial statements. 6.02. The Association (and any successor in interest) shall also submit to the City any other reports or information at the times and as required by any contract entered into between that entity and the City. Section 7. Notice of Right to File Objections. 7.01. Within 5 days after the adoption of this ordinance, the City Clerk is authorized and directed to mail to the owner of each housing unit in the Countryside HIA: (a) a summary of this ordinance; (b) notice that owners subject to the proposed Improvement Fee have a right to veto this ordinance if owners of at least 45% of the housing units within the Countryside HIA file an objection with the City Clerk before the effective date of this ordinance; and (c) notice that a copy of this ordinance is on file with the City Clerk and posted on the City’s website at https://www.cityofeagan.com/housing#housing-improvement-areas-for-townhome-condo- associations for public inspection. Section 8. Amendment. 8.01. This ordinance may be amended by the Council upon compliance with the public hearing and notice requirements set forth in Section 428A.13 of the Housing Improvement Act. Section 9. Effective Date. 9.01. This ordinance shall be effective 45 days after adoption hereof, or on the date of publication of this ordinance, whichever is later, subject to the veto rights of housing unit owners under Section 428A.18 of the Housing Improvement Act. 5 4840-7222-7772\10 Passed and adopted by the City Council of the City of Eagan, Minnesota, this 2nd day of June, 2020, by a vote of _____ ayes and _____ nays. ___________________________________ Mayor Attest: ___________________________________ City Clerk Published: Agenda Information Memo May 19, 2020 Eagan City Council Meeting CONSENT M. Final Subdivision and Final Planned Development – Lexington Flats/MWF Properties Actions To Be Considered: To approve a Final Planned Development to allow a four-story 50-unit multi-family residential development upon approximately 1.26 acres located north of Lone Oak Road and west of Lexington Avenue. To approve a Final Subdivision (Lexington Flats) to create two (2) lots upon approximately 16 acres located north of Lone Oak Road and west of Lexington Avenue. Required Votes For Approval: Majority of Councilmembers present Facts: The City Council approved the Preliminary Subdivision and Preliminary Planned Development for Lexington Flats on November 5, 2018. The Preliminary Subdivision approval expires after one year, and a one-year extension to November 5, 2020 was approved. The subdivision replats four existing parcels into two lots and dedicates 50-60 feet of right-of-way for Lexington Avenue consistent with Dakota County’s standards. Lot 1 is proposed for development with a 50-unit four-story multi-family residential building. Lot 2 contains an existing self-storage facility. The final development plans and final plat have been reviewed by staff and are consistent with the preliminary approvals. All documents and agreements are in order for execution at the City Council meeting on May 19, 2020. Issues: None Attachments: (3) CM-1 Location Map CM-2 Final Plat CM-3 Contracts and Agreements EAGAN INDUSTRIAL ROADCOUNTY ROAD NO.43 (LEXINGTON AVE.)KENNETH STEAGANDALE BKEEFE STEAGANDALEPLACEINTERSTATE HWY. NO. 35EEAGANDALEBLVDALDRINDRIVEWATE R R D DENMARKAVEWESTSERVICEROADCENTERCOURTNORTHWOOD PKWYEAGANDALE BLVDNORTHWOODCIR. NO.26 (LONE OAK ROAD)CO. ROAD NO. 43 LEXINGTON AVENUE SO.STATE TRUNK HWY. NO. 55DENMARK AVEEAGANDALECTLONE OAK CIRCLENEIL ARMSTRONG BLVDBEATRICE STMCKEE STC.S.A.H. NO.26 (LONE OAK RD.)WESTSERVICEROADFIRST STGEMINIRDCLUBVIEWDREAGAN INDUSTRIAL ROADAPOLLOROADLexingtonParkMoonshinePark02,0001,000Feet´§¨¦35E§¨¦494Cliff RdDiffley RdYankee Doodle RdLone Oak RdMap Area ExtentLocation MapProject Name: Lexington Flats Request: Final Subdivision and Final Planned DevelopmentSubject SiteSubject SiteSubject Site North Line of theSouth 536.3 feetof the SE 1/4 of the SE 1/4West Line of the East 280.0 feet of the SE 1/4 of the SE 1/4North Line of theSouth 434.71 feetof the SE 1/4 of the SE 1/4East Line of the SE 1/4 of the SE 1/4Section 3, Township 27, Range 23North Line of theSouth 670.3 feetof the SE 1/4 of the SE 1/4R.O.W Line Co. Rd. No. 43Utility Easement Per Doc. No's344215, 344221, & 362716(Per Dakota Co. Road R.O.W Map No. 120)R.O.W LineCo. Rd. No. 43(Per Dakota Co. Road R.O.W Map No. 120)Road Easement perDoc. No. 3254210Road Easement perDoc. No. 3253522LEXINGTON AVENUE (COUNTY ROAD NO. 43)S0°21'48"E54.9857.16S03°51'10"WS00°21'48"E 101.59S89°50'36"W10.00111.5197.20& the east line of Lot 2, Block 1,EAGANDALE CENTERSouth line of Lot 2, Block 1,EAGANDALE CENTER INDUSTRIAL PARK NO. 10West Line of the East 208.7 feet of the SE 1/4 of the SE 1/4& the east line of Lot 2, Block 1,EAGANDALE CENTER INDUSTRIAL PARK NO. 10S89°50'36"W 208.71S00°21'48"E 247.71S89°50'36"W 468.19N00°15'13"W 157.95S89°50'09"W 365.00N05°30'34"E 439.45N23°49'44"E 204.61S66°10'16"E 194.90N23°49'44"E 181.66N89°54'58"E 548.06S00°21'48"E 347.59R.O.W LineCo. Rd. No. 43(Per Dakota Co. Road R.O.W Map No. 120)N89°50'36"E60.00N00°21'48"W 213.5923.00N89°50'09"E52.50South Line of the SE 1/4 of the SE 1/4Section 3, Township 27, Range 23LOT 1BLOCK 171.29S89°50'36"WS55°38'12"W 218.00190.0024.00S82°08'12"W 114.00N82°09'30"W 175.93N53°39'51"W 300.00N38°41'47" W 117.19168.00N76°54'58"E 227.00N89°54'58"E 194.00S31°3 5' 0 2" E 44.78 S62°27'20"E 264.88N00°21'48"W 138.42N31°38'12"E 93.00N41°38'12"E 130.00N70°38'12"E29.24N0°21'48"W59.93N00°21'48"W 134.00 INDUSTRIAL PARK NO. 10N00°09'24"W20.0020.0023.00N89°50'36"E 219.93S00°21'48"E 154.00196.93Northeast CornerLot 2, Block 1,EAGANDALE CENTER INDUSTRIAL PARK NO. 10East Line Lot 2, Block 1,EAGANDALE CENTER INDUSTRIAL PARK NO. 10100.0056.39N89°54'58"E61.70N22°20'09"E12.50Southeast Corner of the SE 1/4 of the SE 1/4Section 3, Township 27, Range 23N00°21'48"W 322.71292.5578.70258.00Utility Easement perDoc. No. 142555Dakota County MonumentN00°21'48"W 1952.89East 1/4 Corner of Section 3, Township 27, Range 23Dakota County MonumentN89°50'36"E 220.00Drainage & Utility Easementper plat of EAGANDALE CENTERINDUSTRIAL PARK NO. 10Drainage & Utility Easementper plat of EAGANDALE CENTERINDUSTRIAL PARK NO. 10S00°21'48"E 272.90LOT 220.00PONDPONDDrainage & Utility EasementLEXINGTON FLATSNKNOW ALL PERSONS BY THESE PRESENTS: That MWF Properties, LLC, a Minnesota limited liability company, fee owner of the followingdescribed property situated in the County of Dakota, State of Minnesota to wit:The North 134.00 feet of the South 670.30 feet of the East 280.00 feet of the Southeast Quarter of the Southeast Quarter of Section 3, Township 27, Range 23, Dakota County, Minnesota.ANDThe North 101.59 feet of the South 536.3 feet of the East 208.71 feet of the Southeast Quarter of the Southeast Quarter of Section 3, Township 27, Range 23, Dakota County, Minnesota.ANDThe North 112.0 feet of the South 434.71 feet of the East 208.71 feet of the Southeast Quarter of the Southeast Quarter of Section 3, Township 27, Range 23, Dakota County, Minnesota.ANDA 20.00 foot wide strip of land being that part of Lot 2, Block 1, EAGANDALE CENTER INDUSTRIAL PARK NO. 10, according to the recorded plat thereof, Dakota County, Minnesota, the southerly line of which is described as follows:Commencing at the northeast corner of said Lot 2, thence southerly along the east line of said Lot 2, a distance of 272.90 feet to a corner in said east line of Lot 2, said corner being the point of beginning of the line to be described; thence westerly along a south line of said Lot 2, a distance of 220.00 feet to a corner in said south line of Lot 2, and being the point of terminus for the south line of said 20.00 foot wide strip. (Torrens Property)And that Acorn Mini Storage III, LLC, a Minnesota limited liability company, fee owner of the following described property:Lot 2, Block, EAGANDALE CENTER INDUSTRIAL PARK NO. 10, according to the recorded plat thereof, Dakota County, Minnesota.EXCEPTA 20.00 foot wide strip of land being that part of Lot 2, Block 1, EAGANDALE CENTER INDUSTRIAL PARK NO. 10, according to the recorded plat thereof, Dakota County, Minnesota, the southerly line of which is described as follows:Commencing at the northeast corner of said Lot 2, thence southerly along the east line of said Lot 2, a distance of 272.90 feet to a corner in said east line of Lot 2, said corner being the point of beginning of the line to be described; thence westerly along a south line of said Lot 2, a distance of 220.00 feet to a corner in said south line of Lot 2, and being the point of terminus for the south line of said 20.00 foot wide strip.(Torrens Property)Have caused the same to be surveyed and platted as LEXINGTON FLATS and do hereby dedicate to the public for public use forever the public waysand the drainage and utility easements as shown on this plat.In witness whereof said MWF Properties, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this day of , 20.Signed: MWF Properties, LLC, a Minnesota limited liability companyBy: ___________________________ Its: ___________________________STATE OF , COUNTY OF ______________The foregoing instrument was acknowledged before me this day of , 20,By: ___________________________ , ___________________________ of MWF Properties, LLC, a Minnesota limited liability company, on behalf ofsaid company.My Commission Expires: Notary Signature Notary Printed NameNotary Public, ______________County, In witness whereof said Acorn Mini Storage III, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officerthis day of , 20.Signed: Acorn Mini Storage III, LLC, a Minnesota limited liability companyBy: ___________________________ Its: ___________________________STATE OF , COUNTY OF ______________The foregoing instrument was acknowledged before me this day of , 20,By: ___________________________ , ___________________________ of Acorn Mini Storage III, LLC, a Minnesota limited liability company, onbehalf of said company.My Commission Expires: Notary Signature Notary Printed NameNotary Public, ______________County, SURVEYORS CERTIFICATEI Rory L. Synstelien, Licensed Land Surveyor, do hereby certify that I have surveyed or directly supervised the survey of the property described on thisplat; prepared this plat or directly supervised the preparation of this plat; that this plat is a correct representation of the boundary survey; that allmathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been correctly set; that allmonuments indicated on this plat will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes,Section 505.01, Subd. 3, as of the date of the surveyor's certification are shown and labeled on this plat; and all public ways are shown and labeled onthis plat.Dated this day of , 20.Rory L. Synstelien, Land SurveyorMinnesota License No. 44565STATE OF MINNESOTA, COUNTY OF The foregoing Surveyor's Certificate was acknowledged before me this day of , 20, by Rory L.Synstelien, a Licensed Land Surveyor.My Commission Expires: Notary Signature Notary Printed NameNotary Public, ______________County, CITY PLANNING COMMISSIONApproved by the Planning Commission of the City of Eagan, Minnesota this ______ day of , 20.By:, ChairBy:, SecretaryCITY COUNCIL OF EAGAN, COUNTY OF DAKOTA, STATE OF MINNESOTAThis plat was approved by the City Council of Eagan, Minnesota this ______ day of _____________________, 20, and hereby certifiescompliance with all requirements as set forth in Minnesota Statutes, Section 505.03. Subd. 2, Mayor, City ClerkCOUNTY SURVEYOR COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that in accordance with Minnesota Statutes Section 505.021, Subd. 11, this plat has been reviewed and approved this_________ day of ____________________, 20.Todd B. Tollefson, Dakota County SurveyorDEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTAPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land hereinbefore described have been paid.Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfers enteredthis day of , 20.By: Amy A Koethe, DirectorCOUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that This plat of LEXINGTON FLATS was filed in the office of the County Recorder for public record on this dayof , 20, at o'clock M. , and was duly filed inBook of Plats, Page , as Document Number .By: Amy A Koethe, County RecorderREGISTRAR OF TITLES, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that This plat of LEXINGTON FLATS was filed in the office of the Registrar of Titles for public record on this dayof , 20, at o'clock M. , and was duly filed inBook of Plats, Page , as Document Number .By: Amy A Koethe, Registrar of Titles100255002550SCALE IN FEETBeing 5 feet in width when adjoining lot lines, unless otherwiseindicated, and 10 feet in width when adjoining right of way linesunless otherwise indicated, as shown on the plat.DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:NOT TO SCALE105510The east line of the Southeast Quarter of theSoutheast Quarter of Section 3, Township 27,Range 23, is assumed to bear S 00°21'48" EDenotes found 1/2" iron pipe Denotes 1/2 inch by 14 inch iron rebar set and marked by License No. 44565Denotes Dakota County cast iron monumentVICINITY MAPNSEC. 3, TWP. 27, RNG. 23DAKOTA COUNTY, MINNESOTA(Not To Scale) FINAL PLANNED DEVELOPMENT AGREEMENT LEXINGTON FLATS This Final Planned Development Amendment Agreement (hereinafter referred to as either this "Agreement" or this "Amendment") is effective the day of , 2020, by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City"), and MWF Properties, LLC, a Minnesota limited liability company (hereinafter referred to as the "Owner"). City and Owner are hereinafter collectively referred to as the "Parties." and WHEREAS, the City Council of the City of Eagan is the official governing body of the City; WHEREAS, the Owner is the fee owner of property legally described as Lot 1, Block 1, Lexington Flats (the "Property"); and WHEREAS, the development and use of the Property is governed by a Preliminary Planned Development Agreement dated November 20, 2018, recorded November 28, 2018 as Document No. 3282266 in the records of the County Recorder (the "Development Agreement"); and WHEREAS, the Development Agreement runs with the land until terminated and is binding upon the successors and assigns of the original owner and developer; and WHEREAS, the Owner did submit final plans to allow for construction of a 4 -story multiple - family residential building consistent with the Development Agreement; and WHEREAS, the Parties hereby acknowledge that this Agreement and the Exhibits attached hereto as Exhibits A-E constitute the Final Planned Development Agreement for the Property. NOW, THEREFORE, it is hereby agreed to by and between the Parties hereto as follows: 1. This Agreement applies only to the use of the Property. 2. This Agreement is intended to supersede and replace the Development Agreement. 3. The Owner shall use and develop the Property in conformance with the following plans (the "Development Plans") attached hereto as Exhibits B-E. (A full size copy of these exhibits shall be on file with the City's Community Development Department.) Exhibit B — Final Site Plan dated March 6, 2020 Exhibit C — Final Building Elevations dated October 2, 2019 Exhibit D — Final Landscape Plan dated March 6, 2020 Exhibit E — Final Site Lighting Plan dated August 28, 2018 4. This Agreement includes specific conditions to the Property as set forth in Exhibit A attached hereto. 5. This Agreement shall run with the Property until terminated and shall run with the land and be binding upon the owners and assigns of the Owner for a term of five (5) years. 6. The Owner shall secure an allocation of affordable housing (as defined by Minn. Stat. § 462.355, subd. (3)) for the Property and corresponding tax credits through the Dakota County Community Development Authority or the Minnesota Housing Finance Agency within five (5) years from the date of this Agreement. 7. Development of the Property shall be limited to the construction of a four-story, multi -family residential building for affordable housing. Prior to the release of the building permit for construction of the building, the Owner shall provide the City with evidence that all of the residential units are restricted to occupancy for at least thirty (30) years by residents whose household income at the time of initial occupancy does not exceed sixty percent (60%) of the area median income adjusted for household size as determined by the United States Department of Housing and Urban Development. With respect to rental units, the rent for affordable units shall not exceed thirty percent (30%) of sixty percent (60%) of the area median income, adjusted for household size, as determined annually by the United States Department of Housing and Urban Development. Owner shall, on 2 an annual basis, provide the City with appropriate documentation that this condition is satisfied for a period of thirty (30) years from the construction of the building. 8. All site improvements including lighting, signage, landscaping, and paved surfaces, shall be maintained in good repair. 9. This Agreement may be modified, amended or supplemented solely in compliance with City ordinances, rules and regulations. Notwithstanding, the changes to the Development Plans that are not substantive may be approved administratively by City Staff. Substantive modification to the Development Plans requires an amendment to this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first above written. (signature pages to follow) Final Planned Development Agreement Signature Page for the City City of Eagan, a Minnesota Municipal Corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) City Planner On this day of , 2020 before me a Notary Public within and for said County personally appeared Mike Maguire and Christina M. Scipioni to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed in behalf of said municipality by authority of its City Council and said Mayor and Deputy Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public all Final Planned Development Agreement Signature Page for the Owner MWF Properties, LLC A Minnesota limited liability company Christopher J. Stokka Its Development Manager STATE OF ) ss COUNTY OF 1 The foregoing instrument was acknowledged before me this day of , 2020, by Christopher Stokka, the Development Manager of MWF Properties, LLC, a Minnesota limited liability company, on behalf of the limited liability company. THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST HILLS & BAUER P.A. 14985 Glazier Ave. #525 Apple Valley, Minnesota 55124 (952) 432-3136 (RBB) 206-40534 Notary Public 5 EXHIBIT B ol ..... ..... .... ........ . ...... ...... ........ .......... ... . Im . II II ------ ----------- -Au ............. ... .............. ..... ol 7 NX kN Cj.W LN, 1,111 (COUNTY ROAD NO. 43) -------------- ------------- j';"j! ..................... . . ......... ........... . ... i-1 IIJ _....._.i».. ..... . ... . - . ........ .................. .... ........ ........... ............ 2 9 1 1 R11 ZI z 0 5i M R I A - il z Is psi 123 IS X 9 Z Fn TI z I I sqp - A V, P Jim mr SITE PLAN m 2i LEXINGTON FLATS @ MWE, w , 2977 LEXINGTON AVENUE SOUTH. EAGAN, MN 55121 'z oec MWF PROPERTIES L7645 LYNDALE AVENUE SOUTH, MINNEAPOLIS, MN 55423 IA ..... ..... .... ........ . ...... ...... ........ .......... ... . 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Vao 7 NX kN Cj.W LN, 1,111 (COUNTY ROAD NO. 43) -------------- ------------- j';"j! ..................... . . ......... ........... . ... i-1 IIJ _....._.i».. ..... . ... . - . ........ .................. .... ........ ........... ............ 2 9 1 1 R11 ZI z 0 5i M R I A - il z Is psi 123 IS X 9 Z Fn TI z I I sqp - A V, P Jim mr SITE PLAN m 2i LEXINGTON FLATS @ MWE, w , 2977 LEXINGTON AVENUE SOUTH. EAGAN, MN 55121 'z oec MWF PROPERTIES L7645 LYNDALE AVENUE SOUTH, MINNEAPOLIS, MN 55423 IA EXHIBIT C m x --1 m O m m r m G a 0 z � III I �Il�1�4 ® ® ® g !Ilp -- �P I� �illh,l it � II'I IIIIIIIIIIIII Illlllilllll � �� � I IIIIIIIIIII IIIII�II - Ihii m II!I�IIIIII � IIIIIIIIIII m a u . ELEVATIONS PRELIMINARY NOT FOR CONSTRUCTION g pW 110 WUNylen Avenue W,M ren oiry wm'een u�nwnve nnnnem. ewinvw wwew ec wvmu i! 5 O �.,....�..,�...�..>...�m,. ��4� emelso lc L EF L A T S N mll.ure�m.nnp oMaenecnKUP cMcfilsficnNSP l� 8 nneepole. Mlnneeale fi&01 3 EO]] Lexln Elon Avx. S.TN O O I C111 t i c t t Mrrbmi ...... E A 0 A N M N 1 FL E X I N G T 0 N El ISSO I{ 6 c o b �IM . S 88888_6888888,_.. EXHIBIT D 1111 1, 91 1 6 4 INq dim (COUNTY ROAD NO. 4:J) z apfp o� z rn zw g ggtaq 'w w'v 'aNhkN*`vW INS22222292 MAO JOIN LANDSCAPE PLAN LEXINGTON FLATSIf a a$ 2077 LEXINGTON AVENUE SOUTH, EAGAN, MN 55121 �o e � 11-4 MWF PROPERTIES pp x a ✓ Cho og °nFjiF 7845 LVNDALE AVENUE SOUTH, MINNEAPOLIS, MN 55423 R i9`p r Pig Rol� y 11 NO z 10 1 m O L� F B 4� O m g i Z z 0� gall No �m y6NEj o yA z y z p p¢ m 9. n 94 o n 0 � z z z � $$ g III 12 a� Z e_18 �m PROROT a9�`� LEXINGTON FLATS a"I o y w 4 g g D of W1 LEXINGTON AVENUE SOUTH, EAGAN, MN 55121 1 * c agd MWF PROPERTIES Zm a ag q C� F 1g ar :g@ 7645 LYNOALE AVENUE SOUK, MINNEAPOLIS, MN 55423 y EXHIBIT E 41 If I m -1 m ji 11111 Tq mil"Ill lip i .. . ....... ...... .. I I I � �1 -- E8 . wI i k, ......... ....... ... JA -iD .... .... .... .... .......... tt 1111il RIM ..... ... ........ .. if RV If SITE LIGHTING PLAN MILLER LEXINGTON FLATS o HANSON a r c h I t a c t s wx E.g. MN DEVELOPMENT CONTRACT BY AND BETWEEN THE CITY OF EAGAN MWF PROPERTIES, LLC FOR THE DEVELOPMENT OF LEXINGTON FLATS THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER, P.A. 14985 Glazier Ave. #525 Apple Valley, Minnesota 55124 (952) 432-3136 MGD/lcnw (206-40534) THIS AGREEMENT, made and entered into the day of , 2020, by and between the City of Eagan, a Minnesota municipal corporation, ("City"); and MWF Properties, LLC, a Minnesota limited liability company, ('Developer"); and MWF Properties, LLC, a Minnesota limited liability company, and Acorn Mini -Storage III, L.L.C., a Minnesota limited liability company ("Owner"). WHEREAS, the Developer has applied to the City for approval of the plat or subdivision known as Lexington Flats located within the City; and WHEREAS, the City approved the plat on condition that the Developer enter into this contract and furnish the security required by it; NOW, THEREFORE, the City and Developer agree as follows: SECTION I DEFINITIONS 1.1 Definitions. In this instrument the following terms, when used with initial capital letters, have the following respective meanings unless the context hereof clearly requires otherwise: Architect - Kent Simon, License No. 16390 Registered professional architect licensed to practice in the State of Minnesota. City - The City of Eagan, a Minnesota municipal corporation. City Code - The codification of the ordinances of the City of Eagan. Contract - This Agreement and the terms and conditions contained herein. Contract Management Account - Account with the City of Eagan established by the Developer as part of the Development Deposit Agreement to cover inspection and other administrative costs to the City in connection with the 2 improvements to or for the Subdivision to be installed or constructed by Developer. Developer - MWF Properties, LLC, a Minnesota limited liability company. Whenever the term Developer is used herein, it shall also include the fee owner of the land, contract for deed holders and all other persons or entities holding an equitable or legal interest in the fee ownership of the property. Development - The subdivision of the Property and the installation and construction of all Improvements required in order to make the Property suitable for the Developer's intended use, as approved by the City. Development Manager - Chris Stokka, whose address is 7645 Lyndale Avenue South and who is hereby authorized by the Developer to address any and all concerns of the City in regard to the Development and is also designated by the Developer to receive any and all notices, official or otherwise, from the City as required by this Contract. Engineer - David Knaeble, Minnesota License No. 48776, a registered professional engineer licensed to practice in the State of Minnesota. Financial Guaranty - Cash collateral and/or letter of credit as approved by the City of Eagan to guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of Special Assessments, construction of all improvements and payment of the cost of all improvements. Improvements - Improvements required to make the Property suitable for the Developer's intended purposes, to be done according to the required plans submitted to the City, such improvements to include, but not limited to: grading and drainage; sanitary sewer system; water system; storm sewer; storm water management facilities (for stormwater runoff rate control and water quality treatment); streets; concrete curb and gutter; street signs; street lights; utilities and all related appurtenances; wetland delineation; landscaping; tree preservation; tree loss mitigation; surveying; staking; setting of lot and block monuments, and parkland 3 boundaries, mailbox supports and trails and sidewalks, if applicable. Insurance- Public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of Developer's subcontractors or by one directly or indirectly employed by any of them. Landscape Architects - Patrick Sarver, Minnesota License No. 24904, a registered professional landscape architect licensed to practice in Minnesota. Outlot - A platted lot to be developed for a use which will not involve a building or to be reserved for future replatting before development. Owner - Is the fee owner of the Property, any contract for deed holder, or any other person or entity having a legal and/or equitable interest in the fee ownership of the property. For purposes of this Agreement, the term "Developer" shall include any and all owners. Plat - The subdivision of the Property into lots and blocks, easements, streets and public right-of-ways as shown on the attached Exhibit "A" and subject to the conditions attached hereto as Exhibit "B". Permit to Proceed - A written letter issued by the City setting forth that all conditions precedent to Development have been satisfied and that the Developer may proceed with construction of the Improvements. Property - Land located in the City of Eagan, County of Dakota, State of Minnesota, which is subject to being subdivided by the Developer into the Plat shown on Exhibit "A" attached hereto. Public Improvements - Any type of improvement as defined by Minnesota Statutes §429.011 et al., which will be maintained and owned by the City. Public Improvement Project - The improvements to be installed by Dakota County as part of Project No. 1251 (Lexington Avenue and Lone Oak Road Intersection Improvements). n Special Assessments - All costs for improvements installed by the City of Eagan under the Public Improvement Project which are to be or have been levied against the Property. Standards - Requisite guidelines adopted by the City of Eagan as amended from time to time, including but not limited to the Master Sanitary Sewer and Water Plans; Storm Sewer Plans; Transportation Plans; Soil Erosion Control Plans; Landscaping Plans; and Engineering Standards' et al; Water Quality Management Plans, on file with the City of Eagan at City Hall. Subdivision - The separation of property into lots and blocks as approved by the City Council, upon the compliance with (i) all conditions and requirements of applicable regulations and (ii) conditions and requirements upon all which preliminary approval is expressly conditioned. Surveyor- Rory L. Synstelien, Minnesota License No. 44565, a registered land surveyor licensed to practice in the State of Minnesota. SECTION II PLAT APPROVAL 2.1 Commencement of Improvements. Within the Plat or Property to be platted, the Developer may not commence Improvements, other than any grading permitted under Section 4.3 of the City Code, until all the following conditions have been satisfied: A) The necessary Financial Guaranty has been received and accepted by the City. B) The City has received evidence that the Plat has been filed with Dakota County. C) The City has issued a Permit to Proceed. 2.2 Insurance. The Developer shall take out or cause to be taken out and maintain, until six (6) months after the City has accepted the Public Improvements, a policy of Insurance with limits for bodily injury and death of not less than $500,000.00 per person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $500,000.00 for each occurrence; or a 5 combination single limit policy of $1,000,000.00 or more. The Developer shall file with the City a certificate evidencing coverage and naming the City and its officers and agents as additional insured, prior to the City signing the Plat. The certificate shall provide that the City must be given thirty (30) days advance written notice of the modification, amendment or cancellation of the insurance. 2.3 Phased Development. If the Plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until development contracts for such phases are approved by the City. Park dedication, park trail fees, area charges, and charges for lateral benefits referred to in this Contract are not being imposed on Outlots, if any, that are designated for future subdivision into lots and blocks. These charges and others in effect will be calculated and imposed when the Outlots are finally platted into lots and blocks, at the rates then in effect. 2.4 Effect of Subdivision App roval. For two years from the date of this Contract, no amendments to the City's Comprehensive Guide Plan or Official Controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the Plat, unless required by state or federal law or agreed to in writing by the City and Developer. Thereafter, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. SECTION III DEVELOPMENT PLAN 3.1 Required Plans. The Plat shall be developed in accordance with the following designated plans, which plans form a part of this Contract; however, the plans are not attached to this Contract. The following plans must have been prepared by Developer's Engineer, Architect, Landscape Architects, and/or Surveyor with duly noted certification thereon, and shall have been 10 submitted and approved by the City. If the plans vary from the written terms of this Contract, the written terms shall control. The plans submitted for this Plat are: Plan I - Plat, prepared by: Rory L. Synstelien, Minnesota License No. 44565. Plan II - Removals Plan dated March 6, 2020, prepared by: David Knaeble, Minnesota License No. 48776. 48776. Plan III - Site Plan dated March 6, 2020, prepared by: David Knaeble, Minnesota License No. Plan IV - Grading Plan dated March 6, 2020, prepared by: David Knaeble, Minnesota License No. 48776. Plan V - Utility Plan dated March 6, 2020, prepared by: David Knaeble, Minnesota License No. 48776. Plan VI - Tree Preservation & Tree Mitigation Plan dated March 6, 2020, prepared by: Patrick Sarver, Minnesota License No. 24904. Plan VII - Planting Plan & Landscape Plan dated March 6, 2020, prepared by: Patrick Sarver, Minnesota License No. 24904. Plan VIII - SWPPP Plan dated March 6, 2020, prepared by David Knaeble, Minnesota License No. 48776_. Plan IX - Streetscape Plan Developer has contracted with Xcel Energy to prepare a Street Light Plan. 3.2 Plan Requirements. All the plans referred to herein as prepared by the Engineer, Architect, Landscape Architect and/or Surveyor must be in conformance with the Standards adopted by the City. Submission of the required plans by the Developer shall act as a representation by the 7 Developer that the plans are designed properly and that the Improvements will properly function as designed. 3.3 Permits. It is the responsibility of the Developer to determine and obtain prior to the issuance of the Permit to Proceed all the necessary approvals, permits, and licenses from the City of Eagan; Minnesota Department of Transportation; County Highway Department; Board of Soil and Water Resources; railroads; utility companies; Minnesota Department of Natural Resources; Army Corp of Engineers; Minnesota Pollution Control Agency; Metropolitan Council; Minnesota Department of Health and any other regulatory or jurisdictional agency affected by or having jurisdiction over the Improvements required for this development. Any design requirements of such agencies shall be determined prior to completion and incorporation into the plans and specifications. All costs incurred to obtain said approvals, permits, and licenses and also all fines or penalties levied by any agency due to the failure of the Developer to obtain or comply with the conditions of such approvals, permits, and licenses shall be the sole responsibility of the Developer. The Developer agrees to defend and hold the City harmless from any action initiated by a regulatory agency resulting from any failure of the Developer. The Developer is required to obtain a General Storm Water Permit for Construction Activity from the Minnesota Pollution Control Agency (MPGA). This permit shall remain in full force and effect during the course of development and until the Developer files a Notice of Termination of the permit with the MPGA. The Notice of Termination shall not be filed until all grading and temporary/ permanent erosion control measures required by the MPCA and the City, and set forth in the Grading & Erosion Control Plan. SECTION IV PERFORMANCE OF IMPROVEMENTS 4.1 General. All Improvements to the Property by or on behalf of the Developer shall be done in conformance with this Contract; state statutes and regulations; and the City Code and 3 Standards promulgated thereunder. It is understood and agreed that the failure of the City to promptly take action to enforce this Contract, State Statutes, the City Code and/or Standards will not act as a waiver or release of any rights of the City. 4.2 Completion Dates. Improvements required shall be completed no later than the following dates: Item: Date: a) Site Grading July 31, 2020 b) Restoration and Soil Stabilization Aug. 14, 2020 c) Right -of -Way Site Survey Pins Aug. 31, 2020 d) Subdivision Lot(s) Corner Pins Aug. 31, 2020 0 Utilities (sanitary, water, storm sewer) Oct. 31, 2020 g) Infiltration Basins Prior to issuance of C.O. h) Soil Loosening and amendments Prior to issuance of C.O. i) Street Lights Prior to issuance of C.O. j) Parking lot curb & gutter and paving and trail constr. Prior to issuance of C.O. lc) Landscaping & tree mitigation Prior to issuance of C.O. Should the Developer fail to finish each designated item by the designated date, the Developer shall pay and reimburse the City for all additional costs incurred by the City as a result of such failure. Any extension to the above noted completion dates must be approved by City Council Resolution and shall be conditioned upon updating the Financial Guaranty posted by the Developer to reflect any additional costs. 4.3 Preconstruction of Improvements Meeting. Upon the securing of all Permits required in Paragraph 3.3 and the payment of all escrows and money deposits required by the City, the Developer shall coordinate a preconstruction meeting with the City Staff at a mutually agreeable time at City Hall to include the Development Manager, to review the program for construction of the Improvements and to assure that all required Standards have been satisfied. 4.4 Erosion Control & Stormwater Mana eg rn . Before the site is disturbed, and any utility construction is commenced or building permits are issued, the Grading Plan (Plan IV), shall be 2, implemented by the Developer and inspected by the City. The City or its designated agent may, in their discretion, impose additional reasonable erosion control requirements for maintenance purposes as identified in the Standards. All areas disturbed by grading, excavation and backfilling operations shall be restored in accordance with the Restoration Plan (Plan II) within fourteen (14) days after the completion of the work in that area, but no later than the date set forth in Paragraph 4.2. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the Erosion Control Plan or the supplementary instructions imposed by the City or its designated agent, in conformance with its Standards, the City may take such action as it deems appropriate to control erosion. Except in cases of emergency, the City will notify the Developer three (3) days in advance of any proposed action, but failure of the City to do so will not affect the City's rights or Developer's obligations hereunder. The Developer shall reimburse the City for all related costs the City incurred for such work within ten (10) days of notice by the City of the actual costs paid by the City. The City may draw on the Financial Guaranty to pay all related costs. No Development and related activity shall be allowed, and no building permits will be issued until the Property is in full compliance with the erosion control requirements. Within thirty (30) days after completion of the grading and before the City releases the security, the Developer shall provide the City with an "as constructed" Grading Plan certified by a registered land surveyor or engineer that all stormwater management facilities (for runoff rate control and water quality treatment), swales, and ditches have been constructed on public easements or land owned by the City. The "as constructed" plan shall include field verified elevations of the following: a) Cross sections of stormwater management facilities, b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches and installed "conservation area" posts, and c) lot corner elevations and house pads. The City will withhold issuance of building permits until the 10 approved certified Grading Plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. 4.5 Subdivision Lot Corners. Within one (1) year from the date of this Contract, the Developer shall verify by written notice to the City that all Subdivision lot corner pins have been installed. 4.6 Performance. The Developer shall instruct its Engineer to provide adequate field personnel to assure an acceptable level of quality control. The Engineer must be able to certify to the City that the installed Improvements meet the City Standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and/or civil engineers inspect the work on a full or part time basis. The Developer, its managers, engineers, contractors and sub -contractors shall follow all instructions received from the City or its designated agents. 4.7 License. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the Property to perforin all work and inspections required or permitted to be performed by the City under this Contract in conjunction with the Development. 4.8 Occupancy. No occupancy of any building in said plat shall occur until water and sanitary sewer and storm sewer/drainage/management facilities and public access with a minimum of gravel base and curb and gutter have been installed, inspected and deemed available for use by the City. The Developer shall be responsible to maintain reasonable access to any occupied building, including street maintenance such as grading, graveling, patching and snow removal and ice control prior to City acceptance of ownership pursuant to Paragraph 5.3. 11 SECTION V INSPECTIONS AND COMPLETION 5.1 Inspection. The City or its designated agent shall periodically inspect the Improvements installed by the Developer, its contractors, sub -contractors or agents. Any inspections made pursuant hereto shall be done for the sole benefit of the City; however, such reports shall be delivered to the Development Manager within a reasonable time following inspection. The Developer hereby waives any right to rely on or to be assured of any approval by reason of any inspection. The Developer, its contractors, and sub -contractors shall follow all reasonable instructions received from the City or its designated agents covered, to allow the City an opportunity to inspect the Improvement work. The Developer shall notify the City Public Works Department at least two (2) full working days prior to the commencement of the site grading operation, laying of utility lines, sub -grade preparation, infiltration basin over -excavation, the laying of gravel base or bituminous surfacing for street construction or any other Improvement work which shall be substantially buried or covered. Should the Developer fail to timely notify the City to allow the City to inspect the work, the City may at the City's option, require the Developer to uncover and/or replace or reconstruct any of the before -mentioned work in such a manner so as to provide the City with an opportunity for inspection. 5.2 Completion. Within thirty (30) days after completion of the Improvements, the Developer shall supply the City with a complete set of reproducible As -Built plans in accordance with City Standards. Likewise, the Developer shall give written notice within thirty (30) days of the completion of Improvements, that the Improvements have been completed in accordance with the City Code, Standards and the plan and specifications on file with the City. The City shall then inspect the Improvements and notify the Developer of any Improvements that do not appear to conform to the City Code, Standards and/or the submitted plans and specifications. If Developer's Improvements do not conform to the City Code, Standards and submitted plans and specifications or are later 12 discovered to not conform, the City shall immediately notify the Development Manager of the need for repair or replacement. The City may, in cases of emergencies, proceed to cure the default by Developer, the Developer hereby waiving any and all rights to notice of default. Any cost incurred by the City to cure the default shall be the financial obligation of the Developer, and shall be paid to the City within ten (10) days of receipt of a bill for such costs. 5.3 Ownership and Acceptance of Public Improvements. After satisfactory completion of the Improvements and verification by the City personnel that the work and construction required by this Contract complies with all codes, standards and approved plans, and upon acceptance by the City Council the Public Improvements lying within public easements and right-of-ways shall become City property. 5.4 Clean-up. The Developer shall clean dirt and debris from streets, storm water conveyance systems, (including sumps), stormwater management facilities (for runoff rate control and water quality treatment), wetlands and adjoining property that resulted from construction work by the Developer, its agents or assigns. SECTION VI FINANCIAL GUARANTY 6.1 The Amount. The final Subdivision shall not be approved and no work shall be commenced under this Contract until the Developer has deposited with the City a Financial Guaranty in the total amount of Forty Thousand Nine Hundred Twenty -Nine and no/100 Dollars ($40,929.00) securing the full performance of this Development Contract. The Developer shall furnish the City with the Financial Guaranty from a bank or lending institution acceptable to the City. The amount of the Financial Guaranty was calculated as follows: 13 A - IMPROVEMENTS Item Amount Lot Corners $ 1,000 B - PUBLIC IMPROVEMENTS Item Amount Trail Construction $ 10,000 Right-of-way Restoration $ 5,000 C- PUBLIC IMPROVEMENT PROJECT Item Amount Project No. 1255 (water & sewer extension as part of Lexington Ave./Lone Oak Road Intersection Improvements) $24,929.00 This breakdown is for historical reference only. It is not a restriction on the use of the Financial Guaranty. The bank or financial institution and the form of the Financial Guaranty shall be subject to the approval of the City Finance Director and City Attorney. The bank or financial institution must have a business office for presentment of the Financial Guaranty within the Minnesota seven county Metropolitan Area. The City may draw down the Financial Guaranty to pay for all costs and expenses incurred by the City to enforce this Contract including the costs incurred by the City in connection with the collection of the Financial Guaranty. Such costs to include any remediation or completion of Improvements. If the Financial Guaranty is drawn down, the proceeds shall be used to cure the default and, to the extent possible, reimburse the City its costs and expenses. 6.2 Terms. The Financial Guaranty may be for a stated term provided it is automatically renewable. The City may draw on the Financial Guaranty, without notice, after an Event of Default 14 has occurred under this Contract, which has not been remedied within any applicable cure period or upon receiving notice that the Financial Security will be allowed to lapse. If the required hnprovements are not completed at least thirty (30) days prior to the expiration of the Financial Security, the City may also draw down the Financial Security. 6.3 Claims. In the event that the City receives claims from subcontractors or materialmen that work required by this Contract has been performed and money due them have not been paid, and the subcontractor or materialmen are seeking payment out of the Financial Guaranty posted with the City, the Developer hereby authorizes the City, at the City's discretion, to commence an Interpleader action pursuant to Rule 22 of the Minnesota Rules of Civil Procedure for the District courts at the Developer's expense, to include court costs and attorney fees. The Developer further authorizes the City to draw upon the Financial Guaranty in the amount of one hundred twenty-five percent (125%) of the claim together with attorneys' fees and court costs, and to deposit the funds in compliance with the Rule. Upon such deposit, the Developer shall release, discharge and dismiss the City from any further proceedings as it pertains to the funds deposited with the District Court, except that the Court shall retain jurisdiction to determine the amount of attorneys' fees, costs and expenses owed to the City pursuant to this Contract. 6.4 Contract Management Account. The payment of all sums due hereunder is in addition to the sum of Ten Thousand and No/100 ($10,000) paid or to be paid by Developer as a contract management fee as identified in the Escrow Deposit Agreement signed by Developer. SECTION VII PARK AND TRAIL DEDICATION 7.1 Park Dedications. The Developer shall pay a cash contribution of One Hundred Seventy-seven Thousand, Two Hundred Fifty and No/100 Dollars ($177,250.00) in satisfaction of 15 the City's park dedication requirements as provided for by the City Code. The charge is calculated as follows: Fifty (50) units at Three Thousand Five Hundred Forty-five and No/100 Dollars ($3,545.00) per unit. 7.2 Trail Dedication. The Developer shall pay a trail dedication fee of Thirteen Thousand Two Hundred Fifty and No/100 Dollars ($13,250.00) in satisfaction of the City Park Trail Dedication requirement as provided by the City Code. The charge was calculated as follows: Fifty (50) units at Two Hundred Sixty-five and No/100 Dollars ($265.00) per lot. 7.3 Water Quality. Pursuant to the City's Water Quality Management Plan, the Developer shall meet the City's Post Construction Stormwater Management Requirements (City Code 4.34) for stormwater management including effective retention for 1.1" volume control on the site's new and fully -reconstructed impervious surfaces, effective pre-treatment for stormwater management facilities, soil loosening and amendment prior to final stabilization of all soils that are proposed to be revegetated, and runoff rate control, in accordance with the Requirements. The developer shall deposit a financial security for its performance hereunder at the time of issuance of the building permit. 7.4 Tree Preservation. Tree Mitigation requirements shall be fulfilled through the installation of twenty-one (12) Category A trees and cash payment of $26,240.00. The Developer shall ensure the survival of preserved trees via payment of a Performance Guarantee payment as provided by the City Code, and Protection of the trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 -foot polyethylene laminate safety netting), must be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. [[. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit or building permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 7.5 Use of Park Property. The Developer is prohibited from storing heavy construction equipment upon dedicated park land or trailways. Furthermore, the Developer shall notify the Parks and Recreation Department within seventy-two (72) hours of the completion of the establishment of all property line monumentations adjacent to dedicated or existing park land to allow the City the opportunity to identify the park boundary lines. Failure to notify the City within this time period or to perform this lot corner monumentation prior to building permit issuance for lots adjacent to the park land will obligate the Developer to pay for any surveying costs incurred by the City to establish these boundaries. SECTION VIII WARRANTY 8.1 Design, Material and Workmanship. Unless a longer warranty period is provided by Minnesota law, the Developer warrants all Improvements required to be performed by Developer, its agents and employees, against poor design, engineering, materials and faulty workmanship for a period of two (2) years after acceptance by the City (pursuant to Paragraph 5.3 hereof). Developers shall provide a warranty bond(s), in an amount equal to fifty (50%) percent of the Public Improvements as identified in Paragraph 6. 1, for a two (2) year period commencing upon the City's acceptance of the Public Improvements. The Developer shall be solely responsible for the cost and expense to perform all required repair work to City Standards within thirty (30) days of written notification by the City. 17 SECTION IX ASSESSMENTS AND CONNECTION CHARGES 9.1 Improvements. All special assessments for the Public Improvement Project installed by the City of Eagan as identified in this Contract shall be spread equally over five (5) years, together with a rate of interest as determined by the City Council, using as a basis the interest paid by the City for the general obligation bonds necessary to finance the Public Improvements. The Developer hereby waives any rights to a hearing or notice of a hearing relating to the special assessments and also expressly waives any right to object to such assessments, as provided for under Minn. Stat. §429.081. 9.2 Financial Obligation. The Developer shall pay and hereby waives any right to object to the payment of any Connection and Availability Charges for the utilities provided by the City. The Developer also waives the right to object to the levying of the assessment for the Connection or Availability Charges. SECTION X RESPONSIBILITY FOR COSTS 10.1 Development of Subdivision. Developer shall pay all costs incurred by Developer, its agents and contractors, or the City in conjunction with the Development, including but not limited to: legal; planning; engineering and inspection expenses; permits; the cost of persons doing work or furnishing skills, tools, machinery or materials; costs of easements, if applicable; the cost of surveys and compliance tests, including environmental assessments and/or environmental impact statements, indirect source permit and traffic studies, if required; and inspecting and correcting deficiencies within the development of the Plat. 10.2 Hold Harmless. The Developer shall hold the City and the City's officers, employees, and agents harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from Plat approval, the Development and/or the breach of this Contract. The 11: Developer shall indemnify the City and the City's officers, employees, and agents against all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. 10.3 Reimbursement. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees, court costs, expert witness fees and administrative expenses. Moreover, the Developer shall pay in full all bills submitted to it by the City, for obligations incurred under this Contract, within thirty (30) days of receipt. If the bills are not paid on time, the city may halt construction of the Improvements until the bills are paid in full. Bills not paid within thirty (3 0) days shall accrue interest at the rate of eight (8%) percent per year. 10.4 Payment of Special Assessments. The Developer shall pay or cause to be paid when due and in any event, before any penalty is attached, all Special Assessments referred to in this Contract. 10.5 Additional Charges. In addition to the charges and Special Assessments referred to herein, other charges may be imposed such as but not limited to, sewer availability charges, City water connection charges, water availability charges, City sewer connection charges and building permit fees. 10.6 Waiver. On behalf of itself and all the successors and assigns having an interest in the Property, the Developer waives all rights it may have now or in the future to repayment or reimbursement of any fees or charges paid to the City, which is identified in this Contract. SECTION XI EVENT OF DEFAULT 11.1 Occurrence. Each of the following occurrences shall constitute an event of default under this Contract. 19 a) Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under this Contract. b) Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under the City Code and/or City Standards. C) Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under any license, permit or approval required by any regulatory or jurisdictional agency affecting the Plat. d) Developer shall fail to perform any required curative or remedial action pursuant to a notification of the need for such action by the City of any other regulatory or jurisdictional agency affected by or having jurisdiction over the Plat, within thirty (30) days of such notification, unless otherwise provided for in this Contract. e) Failure by the Developer to pay when due any and all costs associated with the Development, including but not limited to any fees and costs incurred by the City, engineering, administrative and legal expenses. f) Failure of the Developer to maintain the required Financial Guaranty or other required security with the City. g) Failure by the bank or financial institution that issued the Financial Guaranty to pay on demand by the City. SECTION XII REMEDIES 12.1 Performance by the City. In the event of a default by the Developer, the City may, at the City's option, perform the work in default and the Developer shall promptly reimburse the City for any expense incurred by the City. Except in emergency situations, the City shall endeavor to give the Developer notice of default forty-eight (48) hours prior to the City performing curative work. 20 12.2 Assessment. When the City does any work as a result of the Developer's default or upon failure of the Developer to make payment upon billing when due, the City may proceed to assess the costs in whole or in part against the Property, or may proceed to collect on the Financial Guaranty. It is expressly agreed and understood herein, that this Developer waives any notice of hearing and any rights to objection to the assessments so levied by the City. 12.3 Revocation of Permit to Proceed. In the event of a default, the City may issue a stop work order to Developer, its agents, contractors, or sub -contractors to cease all or any work being performed on the Property. Such stop work order may include the ceasing of the construction of any Improvements on the Property. 12.4 Emergency. In the event of an emergency, the forty-eight (48) hour notice provision shall be and hereby is waived in its entirety by the Developer and the Developer shall reimburse the City upon being billed thereof for any expenses so incurred by the City in the same manner as if mailed notice as described hereinbefore had been given. 12.5 Cumulative Rights and Non -Waiver. The rights and remedies available to the City shall be cumulative and the enforcement by the City of one right shall not act as waiver of any other right available to the City. 12.6 Denial of Building Permits. An event of default shall be grounds for denial or revocation of building permits, including permits issued in connection with lots sold to third parties. SECTION XIII RELEASE OF FINANCIAL SECURITY 13.1 General. Periodically upon Developer's written request and upon completion and verification of satisfactory compliance or final approval by the City (per Paragraph 5.3 of this Agreement) of any installed Improvements, or the payment of special assessments levied in connection with the Public Improvement Project, a like percentage of that portion of the Financial 21 Guaranty covering those specific Improvements or Public Improvement Project may be released; except however the final twenty percent (20%) of the Financial Guaranty shall be held until a final acceptance (by the City) of all required Development Contract Requirements. Upon the issuance of a certificate of occupancy for a building in the Subdivision, the Developer upon written request may obtain a release of the Financial Guaranty which is equal to the assessments (levied or pending) which are charged against the lot, as a result of the Public Improvement Project. At the time of final Inspection of all Improvements, if it is determined by the City that the submitted plans and specifications were not strictly adhered to or that work was done without City inspection, the City may require that the Developer post a cash escrow equal to one hundred twenty-five percent (125%) of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. Such additional cash escrow shall remain in force for such time as the City deems necessary, not to exceed five (5) years. SECTION XIV RELEASE OF DEVELOPER LIABILITY 14.1 Release. Upon submittal by Developer of the required As -Built Plans for each Plan identified in Paragraph 3.1, and upon satisfactory determination of completion of the Improvements pursuant to Paragraph 5.2 and payment of all costs owed to the City, the Developer may apply in writing for a release of its obligations under this Contract, save and except for those imposed pursuant to Paragraphs 8.1, 10.2 and 10.4. The City Council, after review by the City personnel, may authorize the release of the Developer from its obligations under this Contract by appropriate resolution. SECTION XV MISCELLANEOUS 15.1 Com 1p iance. The Developer represents to the City that the Plat complies with all City, county, metropolitan, state and federal laws and regulations including, but not limited to: Subdivision 22 ordinances; zoning ordinances; and environmental regulations. If the City determines that the Plat does not comply, the city may at its option refuse to allow construction or development work on the Property until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 15.2 Authorization. By the execution hereof, the Developer represents and warrants that it has all the authorization and power necessary to make this Contract binding upon itself, its heirs, successors and assigns. 15.3 Third Parties. Third parties shall have no recourse against the City under this Contract. 15.4 Invalidity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. 15.5 Run with the Land. This Contract shall run with the land and may be recorded against the title to the Property. By the execution of this Agreement, the Developer for itself, its successors and assigns, acknowledges that the property shall be affected by the terms and conditions contained herein. 15.6 Non -assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property or any part of it. SECTION XVI NOTICES 16.1 General. All notices, consents, demands and requests which may be or are required to be given by either party of the other, shall be in writing and sent by United States registered mail or hand delivered. The addresses of each party may be changed at any time or from time to time by notice given by said party to the other party. 23 16.2 If to City, mail to the City of Eagan, 3830 Pilot Knob Road, P.O. Box 21199, Eagan, Minnesota 55121, Attention: City Administrator. 16.3 If to Developer, mail to the Development Manager. IN WITNESS WHEREOF, we have hereunto set our hands and seals. [Signature pages to follow.] 24 CITY OF EAGAN: By: Mike Maguire Its: Mayor Attest: Christina M. Scipioni Its: City Clerk (SEAL) APPROVED AS TO FORM: •'S - sd`'-t By: Eagan City Attorney Date: q11 3 (Z-6 STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) DEVELOPMENT CONTRACT LEXINGTON FLATS (Signature page of City of Eagan) APPROVED AS TO CONTENT: By: Community Development Department Date: On this day of , 2020, before me a Notary Public within and for said County, personally appeared MIKE MAGUIRE and CHRISTINA M. SCIPIONI, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and. City Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 25 DEVELOPMENT CONTRACT LEXINGTON FLATS (Signature page of Developer/Owner) DEVELOPER/OWNER: MWF Properties, LLC, a Minnesota limited liability company Christopher J. Stoldca Its: Development Manager STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2020 by Christopher J. Stokka, the Development Manager of MWF Properties, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public 26 DEVELOPMENT CONTRACT LEXINGTON FLATS (Signature page of Owner) OWNER: Acorn Mini -Storage III, L.L.C., a Minnesota limited liability company Its: Manager STATE OF ) ) ss. COUNTY OF ) by The foregoing instrument was acknowledged before me this day of , 2020 , the Manager of Acorn Mini -Storage III, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public 27 WWWWW',10 :/ ....... . .. '—Y" r --- - - _---_--•-_---__ - - - - - - - - N.I., 41 lop E J, -Jl T F- Fa i 61".11 1012- j ---------------- - -- - - 0 --------------- 77___ .Mum. r_"v (COUNT ROAD Nb.o' 43) vnae tn. to 11 W" L2 W. P TON AVENUE 140UNn' ROM va M-11,11--l-111NIM. S—M 1"", p'e; [) 0 iT,' V I -M,` NO !,"0 A 11 F -.11, , — — — — — — — — — — — — — — — — — — IS is tip. It 111h Im 7i g 1 t 0 0. .13 F9; z 0 - IV ----------------- - --- - - - - - - - - - - - - - - - E J, -Jl T F- Fa i 61".11 1012- j ---------------- - -- - - 0 --------------- 77___ .Mum. r_"v (COUNT ROAD Nb.o' 43) vnae tn. to 11 W" L2 W. P TON AVENUE 140UNn' ROM va M-11,11--l-111NIM. S—M 1"", p'e; [) 0 iT,' V I -M,` NO !,"0 A 11 F -.11, , — — — — — — — — — — — — — — — — — — IS is tip. It 111h Im 7i g 1 t EXHIBIT B 1. The applicant shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: Al, B1, B2, B3, B4, C1, C2, C4, E1, F1, G1, and H1 Platting 2. The property shall be platted. Airport Noise 3. The applicant shall utilize sound attenuation construction standards sufficient to achieve an interior sound level reduction of at least 19 dBA. Mechanical Screening 4. Any physical screens for mechanical equipment shall be visually integrated with the principal structure in terms of materials, color, shape and size. With primarily masonry exterior finish to the building, a wood screening material for mechanical units is not acceptable. All screens shall be at least as tall as the mechanical equipment itself and extend down to the top of curb, unless a sight line analysis is provided that shows compliance with the Code. Address Numbers 5. Building address numbers hall be installed consistent with the provisions of Section 2.78 of City Code. Landscaping and Tree Preservation 6. Prior to issuance of a Building Permit, the applicant shall submit documentation to the City showing Dakota County's consent to landscaping within the right-of-way. Documentation also shall be provided indicating maintenance responsibility for the landscaped areas. 7. Prior to issuance of a building permit, the applicant shall submit documentation to the City showing the adjacent property owner's consent to landscaping in this area, documentation also should be provided indicating maintenance responsibility for the new landscaped areas upon Lot 2. 8. The applicant shall continue to work with staff to refine the overall planting plan, to reflect realistic size and placement of plant materials for the Final Landscape Plan. (Satisfied) 9. The applicant shall fulfill tree mitigation requirements through the installation of twenty- one (21) Category A trees and cash payment of $15,360.00. [satisfied] 10. The applicant shall ensure the survival of preserved trees via: a. Performance Guarantee payment of $650.00, and b. Protection of the tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. 11. The applicant shall contact the City Forestry Division and set up a pre -construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Gradin 12. All retaining walls 4 feet tall and taller shall be engineered and require a separate Building Permit. 13. The applicant shall enter into an encroachment agreement for any retaining wall located in a drainage and utility easement, in a form acceptable to the City Attorney. 14. 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 (MN DOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Storm Drainage 15. The storm sewer outlet to pond DP -12 shall be designed and constructed to reduce the potential for erosion in a manner acceptable to the City Engineer. The applicant shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control of the site's proposed impervious surface area and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 16. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation, sod, permanent seeding or plant materials, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions in the top 12" of soil with greater than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12" of topsoil, to comply with City Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation (e.g. 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. 17. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide to the City a minimum of two soil boring logs within the footprint of any proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. If the soil boring logs indicate incompatibility of existing sub -soil permeability, or shallow groundwater conflict, with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans to ensure volume control requirements are fully met for the mitigated impervious drainage area, to the satisfaction of the City Engineer. 18. During infiltration system over-excavation/sub-soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub -soils are suitable for a saturated condition infiltration rate of 0.9 -inch per hour (based on 0.45 - inch per hour design rate with safety factor) or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.9 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) design and construction as necessary (e.g. over-excavation/soil- amendment depth, etc.) to ensure volume control requirements are fully met. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall ensure that the City Water Resources staff is provided 24-hour advance notice of the occurrence of infiltration verifications and also provided notice prior to any excavation and/or soil backfilling within the infiltration practices, to arrange for inspections. 19. The applicant shall clarify underground stormwater infiltration system details, including that a) no geosynthetic fabric will be installed below the chambers, with the exception of any isolator row and the sides and top of the underground system, b) sub -soils shall have appropriate composition and minimal compaction to ensure adequate infiltration capability; c) no limestone material is allowed beneath, between or immediately on top of the chamber system, d) 10 -inch minimum diameter inspection ports will be provided on all chamber rows, and e) physical access via manhole will be provided to the isolator row for inspection and maintenance. 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 infiltration 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 proceeding with land disturbing activity, the applicant shall enter into a long- term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 22. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sump(s), pipe galleries, etc.), including soil loosening & amendment prior to landscaping, conform to design and/or construction plans, as approved by the City. As -built volumes shall be provided for the pond and infiltration basin. Video of final inspection of clean underground pipe gallery system and contributing stormsewer shall be provided to the City Engineer. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. Utilities 23. The applicant shall pay all associated costs to install the sewer and/or water service if performed under the Lexington Avenue/Lone Oak Road street improvement project. 24. The applicant shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 25. All well and septic systems within the development shall be abandoned in accordance with City and County standards. Fiber to the Premises 26. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). The applicant shall provide a civil drawing plan for outside plant (including handholes and conduit path) work as well as an electrical plan for inside plant work to be reviewed and approved by City staff. This development shall include the installation of fiber optic cable in its construction plans at the time of Building Permit. 27. This development shall be designed to support broadband and fiber optic telecommunications networks. The applicant shall 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 shall utilize a multi -partitioned inner duct system, or other comparable means, to accommodate multiple fiber optic service providers in the future. Parks and Recreation 28. The applicant shall satisfy park and trail dedications through cash dedication, payable at the time of Building Permit at the rates then in effect. For multi -family development, the 2018 fee for park dedication is $3,475 per unit, and for trail dedication is $258 per unit. Agenda Information Memo May 19, 2020 Eagan City Council Meeting CONSENT AGENDA N. Schedule public hearing to consider extension of Minnesota Investment Fund (MIF) Grant Contract and Loan Agreement with the MN Department of Employment and Economic Development (DEED) and Medical Equipment Solutions, Inc. d/b/a Purair Products. Action To Be Considered: Schedule a public hearing on June 2, 2020 for consideration of a one-year extension to the Minnesota Investment Fund Contract and Loan Agreement with the MN Department of Employment and Economic Development and Medical Equipment Solutions, Inc. d/b/a Purair Products. Purair Products, Inc. is a medical-grade oxygen supplier based in Kansas City. They supply liquid and gas oxygen to patients and nursing homes and have customer bases in Kansas, Missouri, and Nebraska. Purair expanded to Minnesota in February 2018 and signed a 5-year lease on a 10,000 square foot building located at 909 Apollo Drive in the Eagandale Industrial Park. In 2018, the City of Eagan entered into a Minnesota Investment Fund grant contract with the Minnesota Department of Employment and Economic Development to provide a $130,500 loan to Purair Products, Inc. for purchase of equipment. The City’s loan agreement with Purair Products added an additional $14,500 from the City’s revolving loan fund for a total loan amount of $145,000. The grant contract and loan agreement require Purair Products, Inc. to create ten new full-time jobs that pay a total compensation with benefits of at least $25 per hour. Currently, the company has hired nine positions with three not meeting full wage compliance. According to the company, they are currently having difficulty navigating the Minnesota Medicaid system which is different than other states where they currently operate and have expressed their concerns to state officials. Additionally, the current pandemic situation has locked down senior facilities that they rely on for much of their sales growth. They have expressed confidence in still growing their business at the Eagan location and that a one-year extension to the grant and loan agreements would be beneficial. The grant contract allows the City (grantee) to extend the grant period for one year from the compliance date of May 31, 2020 provided the City holds a public hearing and authorizes the extension by resolution. This action sets the public hearing to consider the request on June 2, 2020. Attachments: (4) CN-1 Request letter from Michael Carr, President of Purair, Products, Inc CN-2 Draft Grant Contract Amendment CN-3 Draft Loan Agreement Amendment CN-4 Location Map Rev. 6/11 Amendment # 2 for Grant Agreement# CDAP-18-0001-H-FY18 Contract Start Date: 01/08/2018 Total Contract Amount: $130,500 Original Contract Expiration Date: 08/31/2020 Original Contract: $200,000 Current Contract Expiration Date: 08/31/2020 Previous Amendment(s) Total: -$ 69,500 Requested Contract Expiration Date: 08/31/2021 This Amendment: $ N/A This amendment is by and between the State of Minnesota, through its Commissioner of Employment and Economic Development (“State”) and City of Eagan (“Grantee”). Recitals 1. The State has a grant contract with the Grantee identified as CDAP-18-0001-H-FY18 (“Original Grant Contract”) to provide $130,500 to the City of Eagan’s Revolving Loan Fund to assist Medical Equipment Solutions, Inc. dba Purair Products’ purchase of machinery and equipment. 2. Purair Products was unable to meet their job creation goals as outlined in Grantees Duties (see section 2.2 of the Grant Contract) prior to May 31, 2020 target date. 3. The State and the Grantee are willing to amend the Original Grant Contract as stated below. Grant Contract Amendment REVISION 1. Grant Contract, 1. Term of Contract, 1.3 Compliance Date, is amended as follows: 1.3 Compliance Date: May 31, 2020 2021 REVISION 2. Grant Contract, 1. Term of Contract, 1.4 Expiration Date, is amended as follows: 1.4 Expiration Date: August 31, 2020 2021 Except as amended herein, the terms and conditions of the Grant Contract and all previous amendments remain in full force and effect. 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as Individual certifies the applicable provisions of Minn. Stat. required by Minn. Stat. §§16A.15 and 16C.05. §16C.08, subdivisions 2 and 3 are reaffirmed. Signed: ____________________________________________ By: ____________________________________________ (with delegated authority) Date: ____________________________________________ Title: ____________________________________________ Grant Contract No. A- __________________________________ Date: ____________________________________________ 2. GRANTEE: CITY OF EAGAN The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: ____________________________________________ Mike Maguire Title: Mayor Date: ____________________________________________ By: ____________________________________________ Christina M. Scipioni Title: Clerk Distribution: Agency Date: ____________________________________________ Contractor State’s Authorized Representative - Photo Copy SECOND AMENDMENT TO AGREEMENT FOR LOAN OF MINNESOTA INVESTMENT FUND This Second Amendment to Agreement for Loan of Minnesota Investment Fund (“Second Amendment”) is made and entered into this ____ day of ____________, 2020, by and between the City of Eagan, a Minnesota municipal corporation (the “City”), and Medical Equipment Solutions, Inc., a Missouri corporation d/b/a Purair Products (the “Borrower”). The City and Borrower are collectively hereinafter referred to as the “Parties.” RECITALS WHEREAS, on February 7, 2018 the City and the Borrower entered into that certain Agreement for Loan of Minnesota Investment Fund (the “Original Agreement”); and WHEREAS, on April 9, 2018 the Parties entered into a First Amendment to Agreement for Loan of Minnesota Investment Fund (the “First Amendment”); and WHEREAS, Borrower has requested that the City, pursuant to Section 8.2 of the original Agreement, hold a public hearing and extend the Compliance Date for an additional one year; and WHEREAS, the City is willing to schedule the public hearing and consider approval of the Compliance Date extension, all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the foregoing good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. The definition of “Compliance Date” is hereby amended as follows: “Compliance Date” means the date that is three years after the Benefit Date. 2. The reporting requirements in Section 7.1 is hereby amended as follows: (a) January 15, 2019 for the period ending December 31, 2018; (b) January 15, 2020 for the period ending December 31, 2019; and (c) January 15, 2021 for the period ending December 31, 2020. 3. Except as modified herein, all provisions of the Original Agreement and the First Amendment shall remain in full force and effect and unchanged. If any provision of this Second Amendment conflicts with the Original Agreement, the provisions of the Second Amendment shall control. 2 4. This Second Amendment may be executed in any number of counterparts and each such counterpart shall be deemed to be an original instrument, but all such counterparts shall constitute by one Second Amendment. IN WITNESS WHEREOF, the City and the Borrower have caused this Second Amendment to Agreement for Loan of Minnesota Investment Fund to be duly executed in their name and on their behalf on or as of the date first above written. [Signature pages to follow.] 3 SECOND AMEMEND TO AGREEMENT FOR LOAN OF MINNESOTA INVESTMENT FUND (Signature page of the City) City of Eagan By: ________________________________ Mike Maguire Its: Mayor By: ________________________________ Christina M. Scipioni Its: Clerk STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ___ day of ____________, 2020, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. ____________________________________ Notary Public 4 SECOND AMEMEND TO AGREEMENT FOR LOAN OF MINNESOTA INVESTMENT FUND (Signature page of the Borrower) Medical Equipment Solutions, Inc., a Missouri corporation d/b/a Purair Products By: ________________________________ ________________________________ Its: ____________________________ STATE OF MISSOURI ) )ss. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ___ day of ____________, 2020, by _________________________________________, the _________________________ of the Medical Equipment Solutions, Inc., a Missouri corporation d/b/a Purair Products, on behalf of the corporation. ____________________________________ Notary Public INTERSTATEHWY.NO.35ECOUNTY ROAD NO.43 (LEXINGTON AVE.)LUNAR LANEKENNETH STEAGANDALE BOULEVARDM I K E C O LLIN S D R GRAND OAK CIR W STATETRUNKHWY.NO.149KEEFE ST INTERSTATE HWY. NO. 35EALDRIN DRIVE B L U E WA T E R R D DENMARKAVEWESTSERVICEROADLONE O A K PA R K W AY NORTHWOODCIRBLUEGENTIANRD BORCHERTLNCO. ROAD NO. 43 LEXINGTON AVENUE SO.STATE TRUNK HWY. NO. 55 LONE OAK CIRCLENEIL ARMSTRONG BLVDC O M M E R S D R BEATRICE ST APOLLO ROAD GRAND OAK CIR EMCKEE ST C.S.A.H. NO.26 (LONE OAK RD.) WESTSERVICE ROAD FIRST STMIKECOLLINSDRS T A T E T R U N K H WY . N O . 1 4 9 STATEHWYNO.55 G E M IN I R D B L U E G E N T IA N R D CLUBVIEW DR EAGAN INDUSTRIAL ROAD APOLLO ROAD LexingtonPark ThresherFields Park Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Project Name: Purair MIF LoanRequest: ExtensionFile No: CDAP-18-0001-H-FY18 Subject Site Agenda Information Memo May 19, 2020 Eagan City Council Meeting CONSENT AGENDA O. Authorize preparation of Ordinance Amendments to Chapter 4 regarding mandatory updates to the 2020 Minnesota State Building Code Actions to Be Considered: To Authorize Preparation of Ordinance Amendment to City Code Chapter 4 regarding mandatory updates to the 2020 Minnesota State Building Code. Required Vote for Approval: Majority of Council Members Present Facts: Periodically the mandatory Minnesota State Building Code (MSBC) is updated to reflect National and State code changes. Municipalities cannot be more restrictive or less restrictive than the MSBC. The regulated chapters within the MSBC include provisions relative to Accessibility, Electrical, Elevator, Energy, Plumbing, Mechanical, Solar, Fuel Gas, Residential Building, and Commercial Building codes. Additional information will be provided to Council when the ordinance amendment is brought to a meeting for consideration. Attachments: (0) Agenda Information Memo May 19, 2020 Eagan City Council Meeting CONSENT AGENDA P. MVTA Bus Shelter Pad Yankee Doodle Road & Lexington Avenue Action To Be Considered: Authorize the construction of a bus shelter concrete pad at the northeast corner of the intersection of Yankee Doodle Road (CSAH 28) and Lexington Avenue (CSAH 43) at the cost 0f $9,530.00. Facts: Lexington Pointe Senior Living, by Eagan Senior Living LLC, is currently under construction and will be opening in Fall 2020. This new senior housing facility is located at the northeast corner of the intersection of Yankee Doodle Road (CSAH 28) and Lexington Avenue (CSAH 43). Enquiries have been made about installing a bus shelter at the northeast corner of this intersection due to the anticipated demand for transit services upon the completion and occupancy of the new senior housing at this location. A bus shelter was constructed at the northeast corner of Yankee Doodle Road and Central Parkway in anticipation of the Central Park Common development during its construction that has become well utilized. City staff has had conversations with the Minnesota Valley Transit Authority (MVTA) about the possibility of a bus shelter adjacent to the site of the new senior housing. MVTA has expressed support for said bus shelter. Like past arrangements between MVTA and the City, the City would construct and finance a concrete pad and MVTA would construct and finance a shelter. Dakota County has included the construction of nine similar bus shelter pads as a part of a large 2020 street construction contract in support of transit operations across the County. City staff have received authorization by County staff and their contractor to have the proposed Eagan bus shelter pad constructed at the same design and cost of this low bid contract. Doing so would provide an economy of scale for such construction at Yankee Doodle Road and Lexington Avenue. The County contractor has provided a quote for the bus shelter pad of $9,530, comparable to the other pads being constructed under this County contract. The Major Street Fund has provided past funding for such improvements and would be suggested to do so here. Attachments (0) Agenda Information Memo May 19, 2020 City Council Meeting CONSENT AGENDA Q. Approve Correspondence to the MSP Noise Oversight Committee Action to Be Considered: Approve correspondence to the MSP Nosie Oversight Committee. Facts: The MSP Noise Oversight Committee (NOC) will meet via teleconference on Wednesday, May 20, 2020. Included on the May 20 NOC meeting agenda is a request from the City of Eagan for operational changes that would reduce the noise impact over residential areas of the community. The requests originated from a group of Eagan residents and the Eagan Airport Relations Commission last fall. Over the past several months, the City’s nine requests have been reviewed by the MAC and FAA. Two of the nine requests remain and have been deemed by the FAA to “have merit” for review. Enclosed is a letter proposed to be sent by Mayor Maguire to the members of the NOC, speaking to the two requests of the City. Mayor Maguire will make comments to the NOC under public comments at the May 20 meeting to advocate on the City’s behalf. Attachments: Q-1 Letter to NOC May 18, 2020 Noise Oversight Committee (NOC) Metropolitan Airports Commission 6040 South 28th Avenue Minneapolis, MN 55450 Dear Members of the NOC: Thank you in advance for considering the operational requests of the City of Eagan at your May 20, 2020 NOC meeting. In light of the need to have the NOC meet virtually, I thought it best to share some thoughts in writing with the NOC in advance of the meeting. First and foremost, thank you to the FAA, MAC staff, and NOC members for the time and effort you have given to Eagan’s request ed actions. The original nine requests resulted from dialogue between Eagan residents and our advisory Airport Relations Commission (ARC) as they together sought avenues to place more aircraft operations over noise-compatible land. Over the past several months, the FAA and MAC technical staff have delved into each of the requests and offered insight on the changes that could be feasible. I appreciate the FAA’s responses are offered in the spirit of safety and operational efficiency. After months of review, the NOC has before them two requested actions, referred in the NOC packet as “Request 1” and “Request 4.” The following are some thoughts on the two requests, concluding with my requests of the NOC on how best to move forward. Request 1 The first request moves approximately nine operations per day from Runway 17 to the Eagan/Mendota Heights Corridor. The City’s initial request to the NOC and FAA was to move those flights with an initial departure fix of COULT or ZMBRO to 12R. By specifying Runway 12R, Eagan was demonstrating our desire not to move noise from one community to another. We r ecognized that the Corridor is the best place for operations given the commercial and industrial land use in that area , even if it means 2 that residents in Eagan living in and near the Corridor will be impacted by additional overflights. Upon receiving input from the FAA and MAC staff, the NOC chose to modify the first recommendation to include both Runways 12L and 12R as it pertains to flights with an initial fix of COULT or ZMBRO. I understand the FAA came back and noted it would only be feasible to redirect departures with an initial fix of COULT to Runway 12L when the arrival demand on the airport is low. I ask for your continued support of Request 1 as it is consistent with the goals of the Runway Use System (RUS). The NOC has long been supportive of the RUS as the guiding policy document for aircraft departures and arrivals at MSP Airport. This recommendation would place a handful of operations each day into the Corridor where they belong. The RUS clearly prioritizes departures on Runways 12L and 12R ahead of departures on Runway 17. This recommendation also results in minimal changes to DNL contours, with the only impact of more than .25 dB DNL occurring on airport property. The 6-month testing period that would ensue if this reque st moved forward would also be an opportunity to determine the true impact of the change. Simply put, this recommendation is the right thing to do, and I ask for your support. Request 4 Request 4 would move approximately three westbound, nighttime depar tures per day from Runway 12L and 12R to Runway 17 to take advantage of the 2.5-mile river departure procedure. The request was made in response to residents who experienced sweeping turns over their homes in the evening hours as planes headed west. While the request only impacts three departures per evening, there is a more significant DNL impact due to the DNL metric penalizing nighttime operations. For this reason, I can understand the cities of Richfield, Bloomington and Burnsville having concerns with the request moving forward due to the DNL increases that would occur in their communities. Furthermore, the area showing the greatest decrease in DNL is within the Eagan Mendota Height Corridor, which is counterintuitive to what the NOC is trying to accomplish. Many Eagan residents would very much appreciate any noise relief they can get, but the data is clear on this request. Noise would be shifted from one community to another, and again, that was never Eagan’s intent. Thus, while I would welcome your support for Request 4, I understand if the documented noise burden is unacceptable to the NOC. Eagan’s Request of the NOC In closing, after months of letters, conversations with the FAA, and technical review by MAC staff, the NOC has reached a decision point. I kindly ask that you support Request 1 through a recommendation to the MAC Planning, Development and Environment Committee. 3 Thank you in advance for your consideration and your service to our airport and Twin Cities region. Kindly, Mike Maguire Mayor cc: Brad Juffer, MAC Dana Nelson, MAC Dave Osberg, Eagan City Administrator Eagan Airport Relations Commission Eagan City Council Agenda Information Memo May 19, 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: This item was originally scheduled for the May 5th City Council meeting. Prior to presentation of the item, the applicant requested postponement to the following Council meeting. 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. Agenda Information Memo May 19, 2020, Eagan City Council Meeting 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. 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 19, 2020, Eagan City Council Meeting NEW BUSINESS B. Comprehensive Guide Plan Amendment; Rezoning; Preliminary Planned Development – Thirty Eight Properties Eagan, LLC Action To Be Considered: To implement a Comprehensive Guide Plan Amendment changing the land use designation from BP (Business Park) to RC (Retail Commercial) upon approximately 1.4 acres located at 1030 Blue Gentian Road, legally described as Lot 1, Block 1, Spectrum Commerce Center. To approve (or direct preparation of Findings of Fact for Denial) a Rezoning from BP, Business Park to PD, Planned Development upon approximately 1.4 acres located at 1030 Blue Gentian Road. To approve (or direct preparation of Findings of Fact for Denial) a Preliminary Planned Development to allow a 6,150-square foot building including a coffee shop with drive-through service upon approximately 1.4 acres located at 1030 Blue Gentian Road, 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 Facts: The applicant is proposing to construct a 6,150-square foot multi-tenant building including a coffee shop with drive-through service upon a 1.4-acre site at 1030 Blue Gentian Road. The applicant is requesting both a land use amendment from BP, Business Park to RC, Retail Commercial, as well as a Rezoning of the property from BP, Business Park to PD, Planned Development. The surrounding area is primarily office and warehouse uses, with the exception of the recent construction of Costco to the north, which is also considered a retail commercial use. The site has access from Blue Gentian Road in one location, and this driveway also serves as access to the upper level of parking on the building to the east. The site is adequately served by sewer and water, and the storm drainage plan is acceptable with conditions to ensure effective functioning. Comprehensive Guide Plan Amendment: The current Business Park land use designation accommodates some service uses, however the coffee shop with drive-through service is a fast-food restaurant, which requires a Retail Commercial land use designation. The Advisory Planning Commission held a public hearing on the land use request at the December 19, 2019 meeting, and did recommend approval. The Metropolitan Council recently completed review of the proposal and on May 1, 2020, determined the amendment may be implemented by the City. Rezoning & Preliminary Planned Development: The PD zoning serves in lieu of a Conditional Use Permit for the drive-through coffee shop and prescribes development as allowing only certain specified uses as well as accommodates deviations to typical zoning standards. The Site Plan shows the drive-through at the east end of the building. The drive-through approach is from the west along the south side of the building, and an outdoor seating area is included. Thirty-eight (38) parking stalls are provided, which satisfies the standard for general retail parking, however, using the fast-food restaurant standards for the coffee shop, parking is short by twelve (12) stalls. The conditions of approval require some revisions to the Building Elevations and Landscape Plan. Most other typical zoning standards appear to be satisfied. The proposal includes the following deviations from City Code requirements, the acceptability of which is a policy matter to be determined by City officials: o Parking stall size (9’ x 19’ compared to 10’ x 19’); o Pavement setback from TH-55 right-of-way (10’ compared to 20’); o Signage on two building elevations. The Advisory Planning Commission held a public hearing on the request at February 24, 2020 meeting, and did recommend approval. 60-Day Agency Action Deadline: Waived Attachments: (5) NBB-1 Location Map NBB-2 February 24, 2020, APC Minutes NBB-3 Planning Report NBB-4 Report Exhibits NBB-5 Metropolitan Council Approval Letter INTERSTATEHWY.NO.35ELUNAR LANEKENNETH STEAGANDALE BOULEVARDGRAND OAK CIR W STATETRUNKHWY.NO.149KEEFE ST B L U E WA T E R R D WESTSERVICEROADBLUEGENTIANRD CO. ROAD NO. 43 LEXINGTON AVENUE SO.STATE TRUNK HWY. NO. 55 LONE OAK CIRCLEC O M M E R S D R BEATRICE S T GRAND OAK CIR EMCKEE ST C.S .A .H. NO.26 (LONE O AK RD.) WESTSERVICE ROAD FIRST STS T A T E T R U N K H WY . N O. 1 4 9 STATEHWYNO.55 B L U E G E N T IA N R D EAGAN INDUSTRIAL ROAD BLUE GENTIAN RD LexingtonPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Doodle Rd Lone Oak Rd Map Area Extent Project Name: The Poin te at Blue GentianRequest: Rezoning an d Preliminary Planned DevelopmentFile No s.: 02-RZ-01-01-20; 02-PD-01-01-20 Subject Site Advisory Planning Commission February 24, 2020 Page 3 of 18 B. Pointe at Blue Gentian Applicant Name: 38 Properties of Eagan Location: 1030 Blue Gentian Rd; Lot 1, Block 1, Spectrum Business Park Application: Rezoning A Rezoning from BP, Business Park to PD, Planned Development. File Number: 02-RZ-01-01-20 Application: Preliminary Planned Development A Preliminary Planned Development to allow a multi-tenant building with a drive-through coffee shop. File Number: 02-PD-01-01-20 City Planner Mike Schultz introduced this item and highlighted the information presented in the City Staff report dated February 20, 2020. Vice Chair Sagstetter asked the Commission if there were any questions of staff. There being none, Sagstetter asked the applicant to approach. Rick Plessner, 38 Properties, 2038 Summit Avenue, St. Paul, approached the Commission. Mr. Plessner stated he wasn’t aware of the parking deviation. The plan is consistent with the plan presented in December for three (3) proposed tenant spaces. The calculation of one (1) stall per three (3) seats was used for both the coffee shop and the 2,600 square feet of fast casual; the remaining space was calculated at one (1) space per 200 square feet for retail. Mr. Ples sner calculated 37 required stalls, the plan proposes 38 stalls. Mr. Plessner stated in their evaluation to make this project affordable he notes the City Code discrepancy requiring a higher parking ratio of one (1) stall per 60 square feet for restaurants with drive-through facilities, while restaurants have a ratio of one (1) stall per three (3) seats. Mr. Plessner believes the ratio of one (1) stall per three (3) seats is more than enough parking. Mr. Plessner pointed out that the coffee shop alone would require 36 stalls, limiting the site to a 2,150-square foot coffee shop. Mr. Plessner noted the other deviations of note involve the building elevations and additional signage along Highway 55. Mr. Plessner indicated his architect had additional renderings to present but was running late. He added that they are comfortable with the conditions outlined within the staff report as well as working with staff to resolve those conditions. Vice Chair Sagstetter turned to the Commission for any questions of the applicant. Member Whisnant asked what percentage of revenue comes from the drive-through? Mr. Plessner responded 40 percent. Advisory Planning Commission February 24, 2020 Page 4 of 18 Member Whisnant asked if there were concerns over the shared entrance with the Spectrum building. Mr. Plessner responded that he believes utilizing a shared access would be safer than incorporating another access. Member Whisnant asked what the third tenant may be in the building, noting a concern over parking. Mr. Plessner responded that the third tenant may be a service-oriented type user, adding that they were not certain a fast-casual user would be a tenant. He thought ultimately it may be the coffee shop and two retail spaces. Member Weimert asked if there was consideration to provide a cross walk with the adjacent office building. Mr. Plessner responded that is something they are working with the owner on, there is an issue of grade change between the two properties. Member Weimert noted the possibility of a cross parking agreement if parking did become an issue. Mr. Plessner responded that a prior restaurant concept proposed shared parking; although there will be different owners, the current owner [owner of subject property and adjacent Spectrum building] has an incentive to sell the property and has been agreeable with such suggestions. Member Jensen asked if the applicant knew the percentage of traffic distributed between the multiple access points with the adjacent property. Mr. Plessner did not know. Vice Chair Sagstetter opened the public hearing. There being no public comment, Vice Chair Sagstetter closed the public hearing and turned the discussion back to the Commission. Member Weimert indicated his support for the project and encouraged the property owner to consider a crosswalk to encourage pedestrian access. Member Jensen noted his support for the project and is satisfied that the parking will be met. Vice Chair Sagstetter stated he appreciates the change in the location of the garbage enclosure. The deviation to the building setback appears consistent with the adjacent property. Parking is always a concern, having a backup plan to provide the additional parking, particularly if a fast - Advisory Planning Commission February 24, 2020 Page 5 of 18 casual unit is a tenant; reiterating the suggestion of shared parking with adjacent property. Regarding the signage deviation, because the Code allows two signs for end units and the property has two frontages, allowing an additional sign for the middle tenant appears reasonable. Member Whisnant reiterated the comments of having a backup parking plan. Member Weimert moved, Member Whisnant seconded a motion to recommend approval of a Rezoning from Business Park (BP) to Planned Development (PD) upon approximately 1.42 acres located at 1030 Blue Gentian Road. All voted in favor. Motion carried 5-0. Member Weimert moved, Member Whisnant seconded a motion to recommend approval of a Preliminary Planned Development to allow a retail commercial building including a coffee shop with drive-through service, upon approximately 1.42 acres located at 1030 Blue Gentian Road. If approved, the following conditions shall apply: 1. A Preliminary Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder’s office. The following plans are required for the Agreement: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Lighting Plan 2. This Preliminary Planned Development shall have a three-year term. 3. All rooftop equipment shall be shown on the Building Elevations drawings at the time of Building Permit application to demonstrate effective screening of rooftop equipment. 4. A Sign Permit shall be obtained for all signs prior to installation. 5. A revised Final Landscape Plan shall be provided for incorporation in the Planned Development Agreement. The Final Landscape Plan shall include the following modifications: a) incorporate more evergreen materials, particularly along the north and south edges of the site to enhance screening of parking and drive-through stacking; b) utilize more vertical plant materials, taller shrubs and ornamental trees shall be incorporated along the south side of the building to visually break up the expanse of building wall; c) landscape plantings shall be added to the mulch bed around the base of the monument sign; and Advisory Planning Commission February 24, 2020 Page 6 of 18 d) the Final Landscape Plan shall include identification of species and quantities of plants on the graphic portion of the Plan. The revised Final Landscape Plan shall be provided for incorporation into the Final Planned Development Agreement. 6. The Building Elevations shall be revised to incorporate design elements for added visual interest as identified in the City Code. 7. A detailed plan for the patio area shall be provided at the time of Building Permit to demonstrate compliance with the standards in Sec. 11.70, Subd. 29 of the City Code. 8. The sign base shall be a masonry material to match the building, and the sign must be set back at least 10 feet from all property lines and cannot be within easement areas 9. All rooftop equipment shall be shown on the Building Elevations drawings at the time of Building Permit application to demonstrate effective screening of rooftop equipment. 10. A revised Final Landscape Plan shall be provided for incorporation into the Final Planned Development Agreement. 11. In accordance with City Code, a financial guarantee for landscaping shall be provided with the Building Permit, the landscape guarantee is held for two years following satisfactory installation. 12. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 13. 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 (or equivalent water quality treatment) 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). 14. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City with a minimum of 4 soil borings equally spaced within the footprint of the proposed underground stormwater treatment area, extending a minimum of 10’ below the bottom of the proposed water quality treatment feature with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated Advisory Planning Commission February 24, 2020 Page 7 of 18 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 (or water quality equivalent) requirements are fully met for the mitigated impervious drainage area, to the satisfaction of the City Engineer. 15. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide underground stormwater infiltration/filtration system details, including that a) appropriate pre-treatment structures are provided, b) an off -line bypass to prevent construction stormwater from entering any perforated pipe galleries shall be provided until drainage area stabilization, c) solid pipe isolator row(s) appropriately sized shall be provided at any stormwater inlet point into the underground system, d) sub -soils shall have appropriate composition and minimal compaction to ensure adequate infiltration capability, e) no limestone shall be used below or between the pipe gallery, f) no fabric shall be used on the bottom of any infiltration gallery, f) unobstructed physical access via manhole will be provided to any isolator row for inspection and maintenance, g) 10 - inch minimum diameter inspection ports will be provided on all pipe rows. Notes shall be provided that utility installation contractor shall provide 24-hours advance notice to City Water Resources staff of any grading or utility work involving any proposed stormwater management systems, including over-excavation, installation of pre- treatment sumps, inlets, outlets, etc. Shop drawings related to any underground stormwater treatment systems shall be provided to the City for review before installation, for review. 16. 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. 17. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation, sod, permanent seeding or plant materials, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non-compacted soil conditions in the top 12” of soil with greater than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12” of topsoil, to comply with City Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the St ormwater 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 Advisory Planning Commission February 24, 2020 Page 8 of 18 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. 18. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the private permanent stormwater management system, in a form acceptable to the City Attorney. 19. 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 storm sewer shall be provided to the City Engineer. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 20. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 21. Cash park and trail dedications are payable at the time of Building Permit at the rates then in effect. The 2020 rates are $977 per 1,000 square feet of building for parks, and $1,341 per net acre for trails. All voted in favor. Motion carried 5-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 20, 2020 CASE: 02-RZ-01-01-20 & 02-PD-01-01-20 APPLICANT: Thirty Eight Properties Eagan, LLC HEARING DATE: February 24, 2020 PROPERTY OWNER: Bricks and Mortar LLC APPLICATION DATE: January 30,2020 REQUEST: Rezoning & Preliminary PREPARED BY: Pam Dudziak Planned Development LOCATION: 1030 Blue Gentian Road COMPREHENSIVE PLAN: BP, Business Park ZONING: BP, Business Park SUMMARY OF REQUEST The applicant, Thirty Eight Properties Eagan, LLC, is requesting approval of a Rezoning and Preliminary Planned Development to allow a retail commercial building including a coffee shop with drive-through service, upon approximately 1.42 acres located at 1030 Blue Gentian Road. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Planning Report – Pointe at Blue Gentian February 24, 2020 Page 2 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 site was platted as Lot 1, Block 1, Spectrum Business Park, in 2000. An Alternative Urban Area Review (AUAR) was completed for the Grand Oak Business Park, which included this site. In the 2001 update of the original AUAR, the development assumption for this property was a 6,000 square foot restaurant. In 2002, Spectrum Investment Group, LLC requested a Conditional Use Permit to operate a Class I restaurant, a Conditional Use Permit to serve on-sale liquor, a Variance to allow 9-foot by 18-foot parking stalls, and a 15-foot Variance from the required 20-foot parking setback from Blue Gentian Road and Trunk Highway 55 (TH 55). The Conditional Use Permits and the Variance requests for setbacks were approved. The applicant withdrew the parking space size Variance. In 2008, Bricks and Mortar, LLC requested a Conditional Use Permit to allow joint parking, a Variance to allow 9-foot by 19-foot parking stalls and a 10-foot Variance from the required 20- foot parking setback from Blue Gentian Road. The requests were approved and extended for multiple years until it was determined the site was no longer eligible for the extensions, at which time the Conditional Use Permit and Variance approvals expired. In December of 2019, the Advisory Planning Commission considered a Comprehensive Guide Plan Amendment to change the land use designation for this property from Business Park to Retail Commercial. On January 7, 2020, the City Council approved submittal of the proposed land use change to the Metropolitan Council. City staff has not yet submitted the application Planning Report – Pointe at Blue Gentian February 24, 2020 Page 3 to the Metropolitan Council because 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 for this specific property to the Metropolitan Council. Review and acceptance by the Metropolitan Council is necessary before the land use change can be implemented by the City. 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 Retail Commercial land use designation remains pending, and the current development proposal is predicated upon its implementation. EXISTING CONDITIONS This site is an undeveloped parcel on the southeast corner of Blue Gentian Road and TH 55. The entrance to the parking ramp for the building to the east runs along the east edge of the site. Both water and sewer of sufficient size, depth, and capacity are available for extension and development of this property. A public trail is located along the north side of Blue Gentian Road. There are currently no trees on the site. A majority of the site would be disturbed to extend utilities and construct the proposed building and parking lot. The site generally slopes to the east with elevations ranging from 879 to 861. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Costco PD, Planned Development RC, Retail Commercial West Costco PD, Planned Development RC, Retail Commercial South TH 55; Warehouses I-1, Limited Industrial IND, Limited Industrial East Office; Parking BP, Business Park BP, Business Park EVALUATION OF REQUEST Description of Proposal – The proposed development consists of an approximately 6,150 square feet (sq. ft.) multi-tenant retail building that includes a coffee shop with drive-through service. The coffee shop with drive-through service is considered a fast food restaurant use per the City’s Zoning Ordinance, and is considered conditional within Neighborhood Business (NB) and Community Shopping Center (CSC) zoning districts. The proposed Planned Development zoning serves in lieu of a Conditional Use Permit for the proposed use. Planning Report – Pointe at Blue Gentian February 24, 2020 Page 4 Applicant’s Narrative – The submitted narrative describes the proposed development as a multi-tenant building with the lead tenant being a coffee shop with drive-through service, and two other tenants that could include a casual restaurant, bank and/or other neighborhood service and retail uses. The developer hopes to start construction on the project by July 1, 2020. Compatibility with Surrounding Area - The surrounding area is developed primarily with office and warehouse uses. The property to the north was recently developed with Costco, a retail use. The property is adjacent to TH 55, a major arterial roadway, and the Blue Gentian Road intersection. Planned Development and Public Benefit - The Planned Development (PD) zoning affords flexibility to both the developer and the City with the intention of mutual benefit. The proposed PD zoning can accommodate deviations to typical zoning standards such as setbacks, and serve in lieu of conditional use permit for the drive-through facility. Similarly, the Planned Development zoning can prescribe development as allowing only certain specified uses. Conforming Plan – The Conforming Site Plan addresses the deviations in the proposed Planned Development Site Plan, showing conforming setbacks and parking stall dimensions. With conforming parking stall size, three fewer parking stalls are possible as compared to the proposed Planned Development. Airport Noise Considerations – The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted land use compatibility guidelines which incorporate the 2007 Noise Policy Contours. Under these guidelines retail commercial is considered a compatible use within Noise Zone 4. Site Plan – The proposed site plan shows a 6,150 square foot building with a drive-through facility on the east end of the building. The drive-through approach is from the west along the south side of the building; a bypass lane is provided. The proposal utilizes the existing driveway access to Blue Gentian Road, which also serves as the sole access to the upper parking deck of the adjacent Spectrum Commerce Center building. A free-standing monument sign is located at the northwest corner of the site. The coffee shop also has an outdoor dining patio. Parking – The Site Plan provides 38 parking stalls, two of them accessible. General retail use for a 6,150 square foot building requires 31 parking stalls. By this measure, the proposal satisfies the parking standard. However, as a restaurant with drive through, the coffee shop has a parking standard of one stall per 60 square feet compared to one stall per 200 square feet for general retail. At 2,154 square feet, the coffee shop alone requires 36 stalls, and the remaining 3,996 square feet of Planning Report – Pointe at Blue Gentian February 24, 2020 Page 5 general retail space requires another 20 parking stalls for a total of 56 required stalls. The proposed 38 parking stalls falls short of this number. Proposed parking stalls are 9 feet by 19 feet (9’ x 19’), as compared to the City Code standard of 10 feet by 19 feet (10’ x 19’). This is a deviation from typical zoning standards that can be accommodated through the Planned Development. Drive aisles are 24 feet wide, 20 feet for the one-way; both dimensions satisfy the typical Code standard. Setbacks –The proposed building is located in the center of the site. Typical minimum building setbacks are 50 feet from TH 55, and 30 feet from Blue Gentian Road and 10 feet from adjacent property. The proposal meets or exceeds these setback standards. Parking satisfies the 20-foot setback from Blue Gentian Road. However, on the south side of the property along the TH 55 frontage, the pavement is proposed to have only 10-foot setback. This is a deviation to City Code standards. The applicant’s narrative indicates the lesser pavement setback allows a wider drive lane for adequate fire truck maneuvering along the south side of the building, and also is consistent with the pavement setback of the adjacent Spectrum Business Park property. The 10-foot setback appears adequate to accommodate landscaping and snow storage. If acceptable to City officials, this deviation can be accommodated through the Planned Development. Building Coverage – The 6,150 square foot building occupies 9.9% of the 1.42-acre lot. This is well below the typical commercial zoning standard of 20%-30%. Green Space – The proposed development results in impervious coverage of 69%, leaving 31% green space. These numbers are based on the gross site area, and include the existing impervious coverage for the driveway ramp to the adjacent property. The proposed 31% green space satisfies the typical commercial zoning standard of 30%. Building Elevations/Architecture – The building is 19 feet tall. The roof line is flat without variation. Trash storage is attached to the west end of the building, with access provided from the north. Primary exterior materials consist of one type of brick, glass, EIFS in two colors, and wood siding. Metal canopies and fabric awnings add relief to the front building façade. The trash storage area has an overhead door. The wood siding provides a warm accent to the mostly brick and glass building. The City Code standard for commercial buildings requires the use of at least two Class I materials comprising at least 65% of the finish. Because of the location of the site, all elevations are highly visible and there is no “rear” elevation or “back” to the building. The rear of the building faces TH 55. The north and west sides of the building contain many windows, while the south and east have none, just the drive-through window and service doors. Without windows or other design Planning Report – Pointe at Blue Gentian February 24, 2020 Page 6 elements, the south and east elevations are primarily brick, except for the EIFS panels which make the backdrop for proposed building signs. These two elevations lack vertical and horizontal design elements, as well as second Class I material, to provide interest and satisfy City Code standard of treating all sides of a building with an “equally attractive or the same finish.” The south elevation facing TH 55 is 133 feet long, and per City Code standards, should have “multiple planes, multiple sections of coordinating materials, or both, to add visual interest every 40 feet.” The Building Elevations should be revised to incorporate design elements for added visual interest as identified in the City Code. Outdoor Patio - The Site Plan shows an outdoor patio in front of the coffee shop. A detailed seating plan and layout of the patio area was not provided at this time. Without specific approval through the Planned Development, seating in the outdoor patio cannot exceed 24 seats, and a detailed plan for the patio area should be provided at the time of Building Permit to demonstrate compliance with the standards in Sec. 11.70, Subd. 29 of the City Code. Signage – Wall signs are proposed on the front and rear elevations of the building. In multi- tenant buildings, endcap tenants are allowed signage on two elevations of the building. For interior tenants, signage is allowed on only one elevation. Thus, the requested signage on the rear of the building is a deviation to typical City Code standards as it relates to any interior tenants. The deviation appears reasonable, and would afford all tenants the same number of signs and visual exposure from TH 55. The proposed area for sign placement is defined and appears consistent with the City Code. A monument sign is proposed at the northwest corner of the property, and the sign’s placement and design appear consistent with the City Code standards. Monument signs cannot exceed a total of 7 feet in height, with the sign message area being not more than 4 feet in height. The sign base should be a masonry material to match the building, and the sign must be set back at least 10 feet from all property lines and cannot be within easement areas. Mechanical Equipment – The building plans show rooftop mechanical equipment. The typical City Code standard for screening of such equipment is a minimum 30-inch parapet on newly constructed buildings. The proposed building has a 30-inch parapet and satisfies this standard. All rooftop equipment should be shown on the Building Elevations drawings at the time of Building Permit application to demonstrate effective screening of rooftop equipment. Landscaping – The proposed landscape plan is acceptable with some modifications. The plan includes a variety of trees, shrubs and perennials. The plan provides for overstory trees along the north and east edges of the property. Ornamental trees are placed nearer the buildings on the west end. A mix of shrubs, perennials and grasses fill in some of the space between trees on the north edge of the property and around the building, however, the selections and number do not appear to achieve the typical performance standard of providing 75% screening of the parking and stacking area. Planning Report – Pointe at Blue Gentian February 24, 2020 Page 7 The Landscape Plan should be revised in the following ways: 1) incorporate more evergreen materials, particularly along the north and south edges of the site to enhance screening of parking and drive-through stacking; 2) utilize more vertical plant materials, taller shrubs and ornamental trees should be incorporated along the south side of the building to visually break up the expanse of building wall; 3) Landscape plantings should be added to the mulch bed around the base of the monument sign; and 4) the Final Landscape Plan should include identifiers and quantities on the graphic portion of the Plan. The revised Final Landscape Plan should be provided for incorporation into the Final Planned Development Agreement. In accordance with City Code, a financial guarantee for landscaping should be provided with the Building Permit, the landscape guarantee is held for two years following satisfactory installation. Tree Preservation – No significant trees are on site, therefore, the City’s Tree Preservation Ordinance does not apply. Site Lighting – The City Code requires that site lighting be provided as necessary for security, safety and traffic circulation. Illumination should be indirect and diffused or shielded. Lighting should not be directed upon public rights-of-way or adjacent properties, and the source of light should not be visible from off the property. The proposed Site Lighting Plan is acceptable. Pole mounted LED lights are used throughout the parking areas, mounted at a height of 25 feet. The photometric plan shows the minimum light level of 0.5 footcandles is achieved throughout parking areas, dipping to 0.4 in just a few spots near the curb edge. At the property boundary, light levels do not exceed 1.0 footcandle. The average to minimum ratio is 3.28, indicating acceptable levels of uniformity in lighting. Wall-mounted lights are provided around the building. All light fixtures are LED, downcast and shielded. Wetlands – There are no wetlands on site, therefore, City Code §11.67, wetland protection and management regulations, does not apply. Stormwater Management/ Water Quality – The applicant proposes to construct new and fully- reconstructed impervious surfaces totaling 0.736-acre, with additional 0.264-acre of disturbed/graded soils that are to be revegetated, totaling 1.0-acre of disturbance on the 1.42- acre 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 0.736 acre of impervious surface, a minimum of 2,939 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). If no acceptable Soil Management Planning Report – Pointe at Blue Gentian February 24, 2020 Page 8 Strategy is provided then the entirety of the site’s disturbed soils area (1.0 acres) will need to be calculated as impervious area. The applicant’s stormwater management proposal includes an assumption that the site has unsuitable sub-soils for infiltration and instead proposes to meet rate control requirements and 60% total phosphorus removal through the construction of an underground stormwater pond with permanent pool, with pre-treatment structures (catch-basin sumps) prior to the underground pond system. No soil loosening and amendment is currently proposed for the disturbed soil areas that are proposed to be revegetated after grading impacts. Overflow from the stormwater management system would discharge into/through public waterbody FP-1.5, in the O’Neil Pond watershed. 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 appropriate geotechnical investigations and necessary design modifications/soil corrections/enhanced stormwater treatment practices are provided to ensure that the site’s stormwater runoff is infiltrated or the equivalent water quality treatment is provided, appropriate design and protection measures to keep the post-construction stormwater treatment system off-line until site stabilization, avoidance of construction impacts that could inhibit infiltration capabilities below any stormwater infiltration system, assurances of adequate access for inspections and maintenance of any underground stormwater treatment system, assurances of long-term recurring maintenance of all private stormwater management facilities on the site, effective soil loosening and amendment of graded soils to be revegetated to meet City Soil Management Strategy requirements, 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.). 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 through the public storm sewer system along Blue Gentian Road to City Pond FP-1 to the east. The proposed improvements would include a private storm sewer system and an infiltration system to use for volume control. Utilities – Trunk watermain is available along the west property line, and a sanitary sewer service stub was previously installed from Blue Gentian Road. A gate valve will need to be installed on the water service into the building, after the fire hydrant, at the time of building permit. This development will also need to meet hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Planning Report – Pointe at Blue Gentian February 24, 2020 Page 9 Streets/ Access / Pedestrian Circulation – The site is fronted by two public streets; TH 55 and Blue Gentian Road. Access to the site will be from Blue Gentian Road utilizing the existing driveway at the northeast corner of the property. That driveway is also the access to the upper level of the parking garage on the building to the east. A public trail is currently located along the north boulevard of Blue Gentian Road. Easements/ Permits/ Right-of-Way – Public drainage & utility easement and right-of-way were acquired with the initial platting of the property. Financial Obligation - At this time, there are no pending assessments on this parcel, and trunk and lateral utility charges were paid with the original subdivision. Parks and Recreation - This property is subject to park and trail dedication requirements upon development. Cash dedications are payable at the time of Building Permit at the rates then in effect. The 2020 rate for park dedication is $977 per 1,000 square feet of building and for trail dedication, $1,341 per net acre. SUMMARY/CONCLUSION The applicant is proposing a Rezoning and Preliminary Planned Development to allow a commercial retail building that includes a coffee shop with drive-through service. The proposal is predicated upon implementation of a land use amendment to the Retail Commercial designation to accommodate the drive-through restaurant use. The City Council previously directed that the land use amendment be submitted to the Metropolitan Council. City staff will submit the Comprehensive Guide Plan Amendment once the overall 2040 Land Use Plan has been approved and adopted by the City of Eagan. The proposal includes deviations to pavement setbacks, parking stall size, and signage to allow signs on two building elevations for all tenants. These deviations can be accommodated within the Planned Development. The surrounding area is primarily office and warehouse uses, with the exception of the recent construction of Costco to the north, which is also considered a retail commercial use. The proposed building design does not meet City Code standards for use of materials and architectural features to provide visual interest, and consequently should be revised. In particular, the building should be redesigned to incorporate another Class I material and provide additional features especially on the south and west elevations so as not to appear as the rear of the building. The proposed Landscape Plan requires modification, and the Site Lighting plan appears acceptable. Cash park and trail dedications will be due at time of Building Permit. Planning Report – Pointe at Blue Gentian February 24, 2020 Page 10 ACTION TO BE CONSIDERED To recommend approval of a Rezoning from Business Park (BP) to Planned Development (PD) upon approximately 1.42 acres located at 1030 Blue Gentian Road. To recommend approval of a Preliminary Planned Development to allow a retail commercial building including a coffee shop with drive-through service, upon approximately 1.42 acres located at 1030 Blue Gentian Road. If approved, the following conditions shall apply: 1. A Preliminary Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder’s office. The following plans are required for the Agreement: • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Lighting Plan 2. This Preliminary Planned Development shall have a three-year term. 3. All rooftop equipment shall be shown on the Building Elevations drawings at the time of Building Permit application to demonstrate effective screening of rooftop equipment. 4. A Sign Permit shall be obtained for all signs prior to installation. 5. A revised Final Landscape Plan shall be provided for incorporation in the Planned Development Agreement. The Final Landscape Plan shall include the following modifications: a) incorporate more evergreen materials, particularly along the north and south edges of the site to enhance screening of parking and drive-through stacking; b) utilize more vertical plant materials, taller shrubs and ornamental trees shall be incorporated along the south side of the building to visually break up the expanse of building wall; c) landscape plantings shall be added to the mulch bed around the base of the monument sign; and d) the Final Landscape Plan shall include identification of species and quantities of plants on the graphic portion of the Plan. The revised Final Landscape Plan shall be provided for incorporation into the Final Planned Development Agreement. 6. The Building Elevations shall be revised to incorporate design elements for added visual interest as identified in the City Code. 7. A detailed plan for the patio area shall be provided at the time of Building Permit to demonstrate compliance with the standards in Sec. 11.70, Subd. 29 of the City Code. Planning Report – Pointe at Blue Gentian February 24, 2020 Page 11 8. The sign base shall be a masonry material to match the building, and the sign must be set back at least 10 feet from all property lines and cannot be within easement areas 9. All rooftop equipment shall be shown on the Building Elevations drawings at the time of Building Permit application to demonstrate effective screening of rooftop equipment. 10. A revised Final Landscape Plan shall be provided for incorporation into the Final Planned Development Agreement. 11. In accordance with City Code, a financial guarantee for landscaping shall be provided with the Building Permit, the landscape guarantee is held for two years following satisfactory installation. 12. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 13. 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 (or equivalent water quality treatment) 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). 14. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City with a minimum of 4 soil borings equally spaced within the footprint of the proposed underground stormwater treatment area, extending a minimum of 10’ below the bottom of the proposed water quality treatment feature with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. If the soil boring logs indicate incompatibility of existing sub-soil permeability, or shallow groundwater conflict, with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans to ensure volume control (or water quality equivalent) requirements are fully met for the mitigated impervious drainage area, to the satisfaction of the City Engineer. Planning Report – Pointe at Blue Gentian February 24, 2020 Page 12 15. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide underground stormwater infiltration/filtration system details, including that a) appropriate pre-treatment structures are provided, b) an off-line bypass to prevent construction stormwater from entering any perforated pipe galleries shall be provided until drainage area stabilization, c) solid pipe isolator row(s) appropriately sized shall be provided at any stormwater inlet point into the underground system, d) sub-soils shall have appropriate composition and minimal compaction to ensure adequate infiltration capability, e) no limestone shall be used below or between the pipe gallery, f) no fabric shall be used on the bottom of any infiltration gallery, f) unobstructed physical access via manhole will be provided to any isolator row for inspection and maintenance, g) 10- inch minimum diameter inspection ports will be provided on all pipe rows. Notes shall be provided that utility installation contractor shall provide 24-hours advance notice to City Water Resources staff of any grading or utility work involving any proposed stormwater management systems, including over-excavation, installation of pre- treatment sumps, inlets, outlets, etc. Shop drawings related to any underground stormwater treatment systems shall be provided to the City for review before installation, for review. 16. 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. 17. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide clear assurances that by final grading, prior to installation of any irrigation, sod, permanent seeding or plant materials, the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non-compacted soil conditions in the top 12” of soil with greater than 5% soil organic matter content and less than 200 psi of soil compaction in the top 12” of topsoil, to comply with City Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan 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 Planning Report – Pointe at Blue Gentian February 24, 2020 Page 13 contractor shall provide 24-hours advance notice to City Water Resources staff prior to implementation of soil loosening and amendment. 18. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the private permanent stormwater management system, in a form acceptable to the City Attorney. 19. 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 storm sewer shall be provided to the City Engineer. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 20. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 21. Cash park and trail dedications are payable at the time of Building Permit at the rates then in effect. The 2020 rates are $977 per 1,000 square feet of building for parks, and $1,341 per net acre for trails. INTERSTATEHWY.NO.35ELUNAR LANE KENNETH STEAGANDALE BOULEVARDGRAN D O A K C I R W STATETRUNKHWY.NO.149KEEFE ST B L U E W A T E R R D WESTSERVICEROADBLUEGENTIANRD CO. ROAD NO. 43 LEXINGTON AVENUE SO.STAT E T R U N K H W Y . N O . 5 5 LONE OAK CIRCLEC O M M E R S D R BEATRICE ST GRAND OAK CIR EMCKEE ST C.S.A.H. NO.26 (LONE OAK RD.) WESTSERVICE ROAD FIRST STS T A T E T R U N K HW Y . NO . 1 4 9 STATEHWYNO.55 BLUE GENTIA N R D EA G A N I N D U S T R I A L R O A D BLUE GENTIAN RD LexingtonPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Project Name: The Pointe at Blue GentianRequest: Rezoning and Preliminary Planned DevelopmentFile Nos.: 02-RZ-01-01-20; 02-PD-01-01-20 Subject Site HWY 55Interstate 35-E NorthInterstate 35-E SouthCO.RD.43LexingtonAvenueHWY 55HWY 55 HWY 55 HWY 55 B lu e Wate r R o a dB lue Gentian RoadB lu e G e n tia n R o a d 0 300150 Feet ´ This map is for reference use only. This is not a survey and is not indtended to be used as one. 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'85,1*&216758&7,21$712&267727+(2:1(5 May 1, 2020 Sarah Thomas, Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: City of Eagan Blue Gentian Retail Comprehensive Plan Amendment - Administrative Review Metropolitan Council Review File No. 22062-5 Metropolitan Council District 15 Dear Ms. Thomas: The Metropolitan Council received the City’s Blue Gentian Retail plan amendment on April 14, 2020. The amendment reguides 1.4 acres from Business Park to Retail Commercial located at 1030 Blue Gentian Road. The purpose of the amendment is to allow for the development of a 6,150 square foot multi-tenant building. Council staff finds 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 affordable 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 Blue Gentian Retail CPA 22062-5 Admin Review Letter-Comments.docx Agenda Information Memo May 19, 2020, Eagan City Council Meeting NEW BUSINESS C. Adopt Resolution approving temporary waiver of city code permit & zoning requirements to promote physical and social distancing for business activities during the COVID-19 health pandemic Action To Be Considered: To adopt a resolution approving temporary waiver of city code permit & zoning requirements to promote physical and social distancing for business activities during the COVID-19 health pandemic. Required Vote For Approval: Majority of Councilmembers present Facts: Retail, service and restaurant businesses have been significantly impacted by the COVID-19 pandemic emergency and the related stay-at-home orders and business closures. Businesses have reopened or are planning to reopen and are asking the City for flexibility on temporary signage, curbside pickup, expanded outdoor dining, and outdoor customer interface areas. Flexibility from code requirements is typically reviewed and approved by the City Council through Conditional Use Permits or Planned Development Agreement Amendments which take approximately 60 days to process. Because businesses need immediate flexibility from certain code requirements to function while maintaining social distancing and protecting the health of employees and customers, a temporary administrative approval process may be appropriate. Other municipalities in our region have already approved or are considering similar flexibility. If the resolution is approved, staff will develop guidelines and registration processes to ensure that public health, safety, and welfare concerns are not compromised. As an example, please find attached a draft Temporary Outdoor Dining Registration Form which would allow restaurants to expand outdoor dining areas if certain conditions are met. Attachments: (2) NBC-1 Resolution NBC-2 Draft Temporary Outdoor Dining Registration Form RESOLUTION NO. _____ CITY OF EAGAN A RESOLUTION APPROVING TEMPORARY WAIVER OF CITY CODE PERMIT & ZONING REQUIREMENTS TO PROMOTE PHYSICAL AND SOCIAL DISTANCING FOR BUSINESS ACTIVITIES DURING THE COVID-19 HEALTH PANDEMIC WHEREAS, on March 13, 2020 Minnesota Governor Tim Walz issued Executive Order 20-01 declaring a Peace Time Emergency and Coordinating Minnesota’s Strategy to Protect Minnesotans from COVID-19, and WHEREAS, in response, on March 16, 2020 Mayor Maguire declared a Local Emergency in recognition of the community risk posed by COVID-19, and WHEREAS, on March 17, 2020, the City of Eagan City Council adopted the Local Emergency declaration and invoked the city emergency plan and authorized appropriate response strategies to the pandemic, and WHEREAS, the City of Eagan City Council recognizes the continued risk and threat of community spread of the COVID-19 virus and the negative impact it has had on local business and further recognizes the potential negative impact that may continue upon reopening absent the ability of businesses to provide appropriate distancing between its patrons and its employees while operating profitably, and WHEREAS, in furtherance of the federal, state and local government response, there is a need to provide multiple, additional, or alternative customer service areas on commercial sites within the City in order to limit forward-facing exchanges between customers and employees and to promote physical and social distancing between patrons of a business and persons engaged in business activities. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eagan, Dakota County, Minnesota, that notwithstanding any Eagan City Code provision to the contrary: 1. A business located in a commercial or industrial zone may establish drive-up or drive- through areas, customer ordering, waiting or pick-up areas, or customer seating or service areas on its property to facilitate safe commercial activity conducted consistent with federal and state orders or health and safety guidelines, in accordance with the following: a. The Community Development Department shall have the authority to establish rules and procedures to implement the terms of this Resolution. b. No zoning, conditional use, or other Eagan permit as otherwise required under City Code shall be required for any temporary structure or operation related to customer service, waiting or dining seating areas; or on-site signage and storage; or other temporary outdoor use is proposed to occur outside of the business establishment provided the Community Development Department’s rules and procedures are met. c. Any temporary structure or operation related to customer service, waiting or dining seating areas; or on-site signage and storage; or other temporary outdoor use proposed to occur outside of the business establishment that is otherwise prohibited by City Code may be permitted subject to approval of the Community Development Department as set forth herein. d. The City Planner and the Community Development Director shall have the authority to review and approve or deny any proposed temporary structure or operation related to customer service, waiting or dining seating areas; or on-site signage and storage; or other temporary outdoor use that is proposed to occur outside of the business establishment in accordance with the established rules and procedures. e. All operations allowed hereunder shall comply with the Community Development Department’s established rules and procedures. 2. The authority granted to the City Planner and the Community Development Director hereunder shall not otherwise allow any use or operation that is not in compliance with any federal laws or regulations (e.g. ADA regulations), Minnesota statutes and regulations, including the MN State Building and Fire Codes, and the Minnesota and Eagan liquor licensing regulations. This Resolution is effective immediately subject to federal and state laws or orders relative to the permissibility of business operations and shall continue until repealed by subsequent City Council action or termination of the Local Peace Time Emergency. ADOPTED this _____ day of _____________, 2020. CITY OF EAGAN City Council ________________________ By: Mike Maguire Its Mayor Attest: _____________________________ By: Christina M. Scipioni Its City Clerk 2020 Temporary Outdoor Dining Registration Form General Information City Code requires a Conditional Use Permit (CUP) or Planned Development (PD) Amendment for outdoor restaurant dining areas with more than 24 seats. The approval process for a CUP or PD Amendment is typically 60 days. As a response to the COVID-19 pandemic, the City Council has approved an interim policy that allows administrative review of temporary and/or expanded outdoor dining areas. Restaurant Name: Property Address: Restaurant contact person: Contact Phone: Restaurant contact email: Property Owner: Property Owner Phone: Property owner email: Part 1 – To Be Completed By All Restaurants Please read and check each box to confirm all parties understand the standards and requirements for temporary outdoor dining areas. Initial Requirement Total dining capacity including expanded outdoor dining area will not exceed previous restaurant dining capacity including indoor and outdoor dining. The parking regulations related to minimum required spaces for the restaurant are/shall be maintained (Interior seating: 1 stall for every 3 seats, plus 1 stall for every 12 seats for outdoor dining area of more than 24 seats). No accessible (ADA) parking spaces may be converted into outdoor dining areas. No portion of outdoor dining is/shall be located within any public right-of-way (sidewalks/trails, boulevard or streets). Outdoor dining area is/shall be setback a minimum of 20 feet from a public right-of-way, 5-feet from side and rear lot lines. Outdoor dining will/shall not interfere with any pedestrian walkways or impede ADA accessible routes intended for the general public. A minimum four (4) feet wide area shall remain clear on walkways for entry into the restaurant building and adjacent uses. The outdoor dining will/shall be handicap (ADA) accessible and not restrict accessibility in other areas inside or outside the restaurant. The outdoor dining will/shall be kept in a clean and orderly manner. No food or beverages will/may be stored outdoors. Landscaping removed or damaged by the temporary dining area will be replaced no later than September 1, 2021. Hours of operation of an outdoor dining will/shall be restricted to the hours of operation of the restaurant's interior space. Outdoor dining area shall not operate between the hours of 1:00 a.m. and 7:00 a.m. New outdoor dining areas shall close by 10 p.m. if located within 200 feet of a residential property. 3830 Pilot Knob Road Eagan, MN 55122 Licensing: (651) 675-5034 cmscipioni@cityofeagan.com By signing below, I hereby certify the following: • The information provided on this form correct. • I will comply with all building code and fire code regulations and understand that violations of such codes may be grounds for revocation of my ability to install temporary outdoor dining. • I have read and acknowledge the City standards (outlined in Part 1) regarding temporary outdoor dining. • I have read and understand the temporary outdoor dining shall be removed no later than November 15, 2020. • I understand the City may inspect the outdoor dining area any time to enforce compliance with the above provisions. Additionally, the City may require the temporary outdoor dining to be closed if there it is detrimental to the health, safety and welfare of the general public. • (For alcohol license holders) I understand that this application alters the licensed premise of my alcohol license. Any violations of Federal, State or City regulations in the temporary outdoor dining area may result in civil or criminal penalties against me or my license. I further understand that liquor liability insurance must be kept in-force for the temporary outdoor dining area. ________________________________________________________________________________ Restaurant Owner Signature Date ________________________________________________________________________________ Property Owner Signature Date The outdoor dining will/shall comply with all noise regulations in this Code. The outdoor dining conforms to all fire and building codes related to the number and types of exits that are required. The restaurant owner and property owner (if different), understand that all temporary outdoor dining areas must be removed no later than November 15, 2020. The restaurant owner and property owner (if different), understand a building permit is required if a tent exceeding 400 square feet or a canopy (open on all sides at all times) exceeding 700 feet is proposed for the temporary dining area. Please call Building Inspections 651-675-5034 for a permit application. Part 2 – To Be Completed By Alcohol License Holders Complete this section if alcohol will be sold, served or consumed in the temporary outdoor dining area. Initial Requirement The temporary outdoor dining area will be completely enclosed by a fence. Access to the fenced area will be through the licensed restaurant. The applicant certifies that all federal, state and City alcohol regulations shall apply to the temporary outdoor dining area and compliance shall be met. Required Documentation All restaurants must read, sign and submit this form before temporary outdoor dining is added. Completed forms can be emailed to cmscipioni@cityofeagan.com. Alcohol license holders must also submit: o A certificate of liquor liability insurance indicating coverage is extended to the temporary outdoor dining area o A site plan indicating where the fencing for the temporary outdoor dining area will be located and how ingress/egress will be provided AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER May 19, 2020 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve Minutes for January 21, 2020 2. Approve Resolutions to Decertify Tax Increment Financing (TIF) District No. 2-5 Blue D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN Agenda Information Memo May 19, 2020 Eagan Economic Development Authority Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the Economic Development Authority. If the Economic Development Authority wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. 1. Approve Minutes Action To Be Considered: To approve the minutes of the January 21, 2020 regular Economic Development Authority meeting as presented or modified. Attachments: (1) EDAC1-1 EDA Minutes January 21, 2020 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota January 21, 2020 A meeting of the Eagan Economic Development Authority was held on Tuesday, January 21, 2020 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen, and Commissioner Tilley. Also present were Executive Director Osberg, Director of Community Development Hutmacher and City Attorney Dougherty. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of December 17, 2019. EDA ORGANIZATIONAL BUSINESS Community Development Director Hutmacher noted as part of its annual organizational business, the EDA elects its officers and appoints its Executive Director and Secretary/Deputy Director. In 2019, the officers of the Authority were as follows: President: Mike Maguire Vice President: Gary Hansen Treasurer: Meg Tilley Executive Director: City Administrator Dave Osberg Secretary/Deputy Executive Director: Community Development Director Jill Hutmacher For 2020, Mayor Maguire suggested the following officers: President: Mike Maguire Vice President: Paul Bakken Treasurer: Meg Tilley Executive Director: City Administrator Dave Osberg Secretary/Deputy Executive Director: Community Development Director Jill Hutmacher Councilmember and Commissioner Bakken moved, Councilmember and Commissioner Fields seconded a motion to elect/appoint officers of the Eagan Economic Development Authority as presented. Aye: 5 Nay: 0 OLD BUSINESS There was no Old Business. NEW BUSINESS There was no New Business. OTHER BUSINESS There was no Other Business. ADJOURNMENT Commissioner Bakken moved, Commissioner Fields seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date David M. Osberg, Executive Director Agenda Information Memo May 19, 2020 Eagan Economic Development Authority Meeting CONSENT AGENDA 2. Approve Resolutions to Decertify Tax Increment Financing (TIF) District No. 2-5 Blue Gentian Actions to be Considered: To approve EDA resolution to decertify Tax Increment Financing District No. 2-5 Blue Gentian To approve City resolution to decertify Tax Increment Financing District No. 2-5 Blue Gentian Facts: TIF District 2-5 was created in 2008. For various reasons, the property owner, McGough, was unable to develop the property as an office building as intended at the time TIF district was created. The property was subsequently sold and a Costco store was built on the site. McGough has entered into a Termination Agreement acknowledging they no longer seek reimbursement of acquisition, demolition and soil correction costs that were eligible under their development agreement. No other opportunities are available within the district to develop property that would be eligible for TIF; accordingly, the TIF district should be decertified and future property taxes from the district will be distributed in the same manner as the general property taxes. Both the City and the EDA are required to take action to decertify a TIF district. Attachments (4): EDAC2-1 Location Map EDAC2-2 Termination of Development Agreement EDAC2-3 EDA Resolution EDAC2-4 City Resolution INTERSTATEHWY.NO.35ELUNAR LANEKENNETH STEAGANDALE BOULEVARDGRAND OAK CIR W STATETRUNKHWY.NO.149KEEFE ST B L U E WA T E R R D WESTSERVICEROADBLUEGENTIANRD CO. ROAD NO. 43 LEXINGTON AVENUE SO.STATE TRUNK HWY. NO. 55 LONE OAK CIRCLEC O M M E R S D R BEATRICE ST GRAND OAK CIR EMCKEE ST C.S.A.H. NO.26 (LONE OAK RD.) WESTSERVICE ROAD FIRST STS T A T E T R U N K H WY . N O . 1 4 9 STATEHWYNO.55 B L U E G E N T IA N R D EAGAN INDUSTRIAL ROAD BLUE GENTIAN RD LexingtonPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Project Name: TIF District 2-5Request: Decertify TIF DistrictFile No.: TIF District 2-5 McGough Site(Costco) TERMINATION OF SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT This Termination of Second Amended and Restated Development Agreement is made and entered into this day of , 2020, by and between the Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota (the "EDA"), and the City of Eagan, a Minnesota municipal corporation (the "City"), and MG Eagan, LLC, a Minnesota limited liability company (the "Developer"). (The EDA, the City and the Developer are collectively hereinafter referred to as the "Parties.") WHEREAS, on April 17, 2017, the Parties entered into that certain Second Amended and Restated Development Agreement (the "Development Agreement") pertaining to that certain Tax Increment Financing District referred to as "Tax Increment Financing District No. 2-5" (the "TIF District") in connection with that part of the Development Program for Northeast Eagan Development District No. 2 which had been established as a Redevelopment Project pursuant to Minnesota Statutes, Section 469.028 (the "Redevelopment Project Area") and pursuant to the authority granted by Minnesota Statutes, Section 469.090 to 469.1081 and 469.001 to 469.047 and Sections 469.174 through 469.179 (collectively the "Acts"); and WHEREAS, Developer has sold the property located with the TIF District and no longer desires to seek reimbursement of Developer Acquisition Costs and Demolition and Soil Correction Costs that were eligible costs under the Amended and Restated Development Agreement dated June 18, 2008. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the EDA, the City and the Developer, the Parties hereby represent, covenant and agree, as follows: 1. TERMINATION OF SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT. The Parties hereby acknowledge that Development Agreement is hereby terminated in all respects and the Parties are hereby relieved of any further obligations under the Development Agreement. [Signature pages to follow.] TERMINATION OF SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT (Signature page of the EDA) Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota Mike Maguire Its: President David M. Osberg Its: Executive Director STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2020, by Mike Maguire and David M. Osberg, the President and Executive Director of the Eagan Economic Development Authority, public body corporate and politic and a political subdivision of the State of Minnesota, on behalf of the public body and political subdivision. Notary Public TERMINATION OF SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT (Signature page of the City) City of Eagan, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2020, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public TERMINATION OF SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT (Signature page of the Developer) MG Eagan, LLC, a Minnesota limited liability company By: Thomas J. McC'bugh, r. Its: President STATE OF MINNESOTA) )ss. COUNTY OF RAMSEY ) 1, The foregoing instrument was acknowledged before me this � day of ek , 2020, by Thomas J. McGough, Jr., the President of MG Eagan, LLC, a Minnesota limited liability company, on behalf of the limited liability company. 1wmyA�IMARfE RYi ARK Nary Pt�b!lo-Al!lrntssota ±' Commission E.xpin3s Jen 31.2= THIS INSTRUMENT WAS DRAFTED BY: Notary Public Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 953-8840 4 RESOLUTION NO. _____ EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION DECERTIFYING TAX INCREMENT FINANCING DISTRICT NO. 2-5 WHEREAS, the Eagan Economic Development Authority (the “EDA”) created the Tax Increment Financing (TIF) District No. 2-5 (the “District”) and the City of Eagan approved the TIF Plan on June 3, 2008; and WHEREAS, Minnesota Statutes, Section 469.174 to 469.1794 (the “TIF Act”) authorizes the City Council to decertify a tax increment financing district on any date after all bonds and other obligations have been satisfied; and WHEREAS, as of the date hereof all obligations to which tax increment from the District have been pledged will be paid in full; and WHEREAS, the City desires by this resolution to decertify the District effective December 31, 2020, by which all taxing jurisdictions will benefit from an increased tax base effective for taxes payable in 2021; and WHEREAS, the City Council acknowledges such action will be taken by Dakota County to decertify the District as a tax increment district and to no longer remit tax increment from the District to the City after December 31, 2020. NOW, THEREFORE, BE IT RESOLVED by the Eagan Economic Development Authority that: 1. The Finance Director of the City of Eagan is authorized and directed to provide Dakota County with documents related to decertification of the District, to submit the Confirmation of Decertified TIF District form to the Office of the State Auditor and take any other steps required for decertification by December 31, 2020. 2. The Finance Director of the City of Eagan is authorized and directed to determine the amount of excess tax increment in the account for the District and to return all excess tax increment to Dakota County for redistribution to other taxing jurisdictions. Eagan Economic Development Authority By: __________________________ Its Chair Attest: _______________________ Its Executive Director Motion by: Seconded by: Those in favor: Those against: Date: May 19, 2020 CERTIFICATION I, David M. Osberg, Executive Director of the Eagan Economic Development Authority, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Eagan Economic Development Authority, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of May, 2020. _______________________ Executive Director RESOLUTION NO. _____ CITY OF EAGAN RESOLUTION DECERTIFYING TAX INCREMENT FINANCING DISTRICT NO. 2-5 WHEREAS, on June 3, 2008, the City of Eagan (the "City") established Tax Increment Financing Redevelopment District No. 2-5, (the "District"); and WHEREAS, Minnesota Statutes, Section 469.174 to 469.1794 (the “TIF Act”) authorizes the City Council to decertify a tax increment financing district on any date after all bonds and other obligations have been satisfied; and WHEREAS, as of the date hereof all obligations to which tax increment from the District have been pledged will be paid in full; and WHEREAS, the City desires by this resolution to decertify the District effective December 31, 2020, by which all taxing jurisdictions will benefit from an increased tax base effective for taxes payable in 2021; and WHEREAS, the City Council acknowledges such action will be taken by Dakota County to decertify the District as a tax increment district and to no longer remit tax increment from the District to the City after December 31, 2020. NOW, THEREFORE, BE IT RESOLVED by the City of Eagan that: 1. The Finance Director is authorized and directed to provide Dakota County with documents related to decertification of the District, to submit the Confirmation of Decertified TIF District form to the Office of the State Auditor and take any other steps required for decertification by December 31, 2020. 2. The Finance Director is authorized and directed to determine the amount of excess tax increment in the account for the District and to return all excess tax increment to Dakota County for redistribution to other taxing jurisdictions. City of Eagan By: __________________________ Its Mayor Attest: _______________________ Its City Clerk Motion by: Seconded by: Those in favor: Those against: Date: May 19, 2020 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 of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of May, 2020. _______________________ City Clerk