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09/15/2020 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING SEPTEMBER 15, 2020 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. OATH OF OFFICE to Officer Hannah Aldrich 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. DIRECT preparation of an ordinance amendment to City Code, Chapters 6 and 10, relating to solid waste management F. SCHEDULE Special City Council Meeting on November 13 at 10 a.m. to canvass election results G. AWARD Contract 20-21, Project 1363 Bald Lake (JP-20) and Project 1338 North Lake (EP-2) Alum Applications H. AWARD Contract 20-22, Project 1334 Cliff Lake (AP-11) and Project 1337 Hay Lake (LP-31) Alum Applications I. RECEIVE Draft Final Assessment Roll for Project 1364, Highview Acres/Spande/Valley View Plateau, and Schedule Public Hearing for October 20, 2020 J. RECEIVE Draft Final Assessment Roll for Project 1368, Duckwood Trail, and Schedule Public Hearing for October 20, 2020 K. RECEIVE Draft Final Assessment Roll for Project 1370, GVR Acres/Rathman Addition, and Schedule Public Hearing for October 20, 2020 L. RECEIVE Draft Final Assessment Roll for Project 1372, Vienna Woods, and Schedule Public Hearing for October 20, 2020 M. RECEIVE Draft Final Assessment Roll for Project 1375, Oak Chase 1st – 5th, and Schedule Public Hearing for October 20, 2020 N. RECEIVE Draft Final Assessment Roll for Project 1376, Oak Bluffs, and Schedule Public Hearing for October 20, 2020 O. APPROVE Adjustment to Utility Bill - 3275 Dodd Road P. APPROVE Resolution in Support of Grant Application for MnDOT Noise Wall Program Q. APPROVE Final Plat – Fish Lake Estates R. ADOPT Resolution in support of a Job Creation Fund application to the Minnesota Department of Employment and Economic Development for Ecolab Production, LLC S. MODIFICATION of Site Plan for Pilot Knob Animal Hospital Planned Development Amendment – JFU LLC T. APOPT Findings of Fact for Denial - Lofts at Talon Trail U. APPROVE CARES grant agreement subject to approval by the City Administrator and City Attorney and authorize City Administrator to execute grant agreements V. ADOPT resolution electing to participate in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act for calendar years 2021 through 2030 W. APPROVE Resolution Appointing Absentee Ballot Board Judges for the November 3, 2020 General Election X. APPROVE Resolution Accepting donations from Wal-Mart, Eagan Hockey Association, Sandy O’Keefe and Thomson Reuters Y. APPROVE Resolution and Grant Agreement with Dakota County for CARES Act funding for elections operations Z. APPROVE Senior Citizen Special Assessment Deferment Application – Parcel 10-72961-02-080 AA. APPROVE Water Meter Surcharge Appeals BB. APPROVE City of Eagan Electronic Signature Policy CC. APPROVE Eagan Mid-Sized Business CARES Grant Program and authorize City Administrator to implement the program and execute related documents DD. APPROVE Eagan CARES Nonprofit Grant Program and authorize City Administrator to implement the program and execute related documents V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS A. REZONING and PRELIMINARY SUBDIVISION – Woods of Witham Lane – Josh and Irene Burbul - A Rezoning of approximately 3.24 acres from A, Agriculture to R-1, Residential Single and a Preliminary Subdivision of approximately 3 acres to create 2 single family lots located at 4070 Dodd Road VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items) 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: September 11, 2020 Subject: Agenda Information for September 15, 2020 City Council Meeting ADOPT AGENDA After approval is given to the September 15, 2020 City Council agenda, the following items are in order for consideration. Agenda Information Memo September 15, 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 the September 1, 2020 City Council minutes, presented or modified. Attachments: (1) CA-1 September 1, 2020 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota SEPTEMBER 1, 2020 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley joined by phone. At 6:10 p.m. a Closed Session was called. Prior to closing the meeting, City Administrator Osberg announced the City is a defendant in a lawsuit captioned Ebert Inc. dba Ebert Construction v. the City of Eagan, which was served on the City on August 19, 2020. City Attorney Robert Bauer and legal counsel appointed by the LMCIT to represent the City in the litigation, Justin Templin of Hoff Barry PA, have asked to meet with the City Council in closed session to engage in an attorney-client privileged discussion of litigation strategy and the City’s response to the claim. In order to have a candid discussion regarding those matters, including any possibilities of resolution of the claim, absolute confidentiality is required. Such a closure of the meeting to the public is authorized by Minn. Stat. § 13D.05, subd. 3(b). At 6:25 p.m. the Closed Session ended. A regular meeting of the Eagan City Council was held on Tuesday, September 1, 2020 at 6:30 p.m. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present City Administrator Osberg, Assistant City Administrator Miller, Parks and Recreation Director Pimental, Communications and Engagement Director Ellickson, Community Development Director Hutmacher, City Planner Schultz, Public Works Director Matthys, Deputy Chief Fineran, Fire Chief Scott, and City Attorney Dougherty. AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 (Roll Call) RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent agenda as presented: Aye: 5 Nay: 0 (Roll Call) A. It was recommended to approve the August 12, 2020 Special City Council minutes, and the August 18, 2020 City Council minutes, as presented or modified. B. Personnel Items: 1. It was recommended to approve the hiring of the following seasonal, non-benefit eligible positions as Fitness Instructor, Forestry Technician, Guest Services Representative, Landscape Crew Laborer, and Splash Pad Attendant. City Council Meeting Minutes September 1, 2020 2 page 2. It was recommended to accept the resignation/retirement of Duane Pike, Police Lieutenant and authorize his replacement. 3. It was recommended to approve the promotions of John Collins, and Dan Tocko from Police Sergeant to Police Lieutenant. 4. It was recommended to approve the promotions of Jacob Peterson, Chris Roche, and Brian Boekhoff from Police Officer to Police Sergeant. 5. It was recommended to approve the hiring of Chad Klucas, Street Maintenance Worker for the Public Works Department. C. It was recommended to ratify the check registers dated August 14 and August 21, 2020. D. It was recommended to approve the ordinary and customary contract with Viva Knievel. E. It was recommended to approve the first amendment to the telecommunication lease agreement wit Verizon, for upgrades on the Southern Lakes Reservoir site and authorize the Mayor and City Clerk to execute all related documents. F. It was recommended to approve amendment to the 2010 Black Dog Watershed Management Organization Joint Powers Agreement and authorize the Mayor and City Clerk to execute all related documents, subject to the City Attorney’s final review and approval. G. It was recommended to receive the bids for Contract 20-05 (Cedar Grove Parkway/Rahn Road Landscape Monuments Rehabilitation) and award a contract to Blackstone Contractors LLC for the base bid in the amount of $97,564.00 and authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to approve a one-year extension of preliminary Subdivision approval for Justman Freight to create two (2) lots upon approximately 4.5 acres located at 4855 South Robert Trail and 660 Red Pine Lane. I. It was recommended to approve a Final Planned Development to allow a 4-story, 162-unit apartment building upon approximately 2.8 acres located at 3340 Pilot Knob Road. J. It was recommended to approve a one-year extension of Variance approval allowing construction of a three-season porch upon property located at 2241 Wall Street. K. It was recommended to approve a proposal by Greiner Construction for garage and elevator modifications. L. It was recommended to approve the following items to be claimed as CARES grant expenditures in the August monthly report to the State, in the estimated amount shown: o Firefighters payroll (non-SAFER), mid-March to end of August $ 918,500 o Administrative leave – staff unable to work 3/ 17 to 3/ 31 367,500 o Unemployment claims paid through end of August 88,400 o Office furniture to accommodate social distancing 46,100 o Laptops to accommodate staff working from home 33,800 o Electric letter opener for absentee ballot processing 4,600 o Legal fees for COVID- related issues 2,400 Total: $ 1,461,300 PUBLIC HEARINGS Certification of Delinquent Utilities City Administrator Osberg introduced the item noting at the August 3, 2020 City Council meeting, a public hearing was scheduled for the September 1, 2020 City Council meeting. The City currently has City Council Meeting Minutes September 1, 2020 3 page approximately 878 utility bill accounts with delinquent balances. The assessable amount of these accounts is 255,151.18. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5 Nay: 0 (Roll Call) Certify Delinquent Nuisance Abatement Bills City Administrator Osberg introduced the item noting at the August 3, 2020 City Council meeting, a public hearing was scheduled for the September 1, 2020 City Council meeting. The City has 20 properties with delinquent false alarm invoices. The assessable amount of the delinquent invoices is 3,700.00 Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve the final assessment roll for delinquent nuisance abatements and authorize its certification to Dakota County. Aye: 5 Nay: 0 (Roll Call) OLD BUSINESS Approve Ordinance Amendments to Chapter 4 and Chapter 11 Relative to Statutory Compliance with Lower Minnesota River Watershed District Rules City Administrator Osberg introduced the item noting at the June 16, 2020 City Council meeting, Council authorized the City Attorney to prepare ordinance amendments to Chapters 4, Section 4.34 (Stormwater management regulations), and Chapter 11, Sections 11.65 (Shoreland Overlay District) and 11.66 (Floodplain Overlay Districts). City Planner Schultz gave a staff report. Mayor Maguire open the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to Chapter 4, Section 4.34 (Stormwater management regulations) relative to Statutory compliance with Lower Minnesota River Watershed District Rules. Aye: 5 Nay: 0 (Roll Call) Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment to Chapter 11, Sections 11.65 (Shoreland Overlay District) and 11.66 ( Floodplain Overlay Districts) relative to Statutory compliance with Lower Minnesota River Watershed District Rules. Aye: 5 Nay: 0 (Roll Call) City Council Meeting Minutes September 1, 2020 4 page NEW BUSINESS Conditional Use Permit – Max Steininger, Inc. / Greg Steininger – A Conditional Use Permit To Modify Existing Outdoor Storage Area Located at 3089 Neil Armstrong Boulevard City Administrator Osberg introduced the item noting this is a 7.5-acre parcel zoned I-1, Limited Industrial. The action before the Council is a Conditional Use Permit to allow modification to the outdoor storage of contractor’s equipment upon property located at 3089 Neil Armstrong Boulevard. City Planner Schultz gave a staff report and provided a site map. The applicant was available for questions. Mayor Maguire open the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow modification to the outdoor storage of contractor’ s equipment upon property located at 3089 Neil Armstrong Boulevard, subject to the following conditions: Aye: 5 Nay: 0 (Roll Call) 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council and proof of its recording provided to the City. 2. To the extent of any inconsistency between the items listed for storage in this CUP; or the prior 2016 CUP, the terms of this, the 2020 CUP, shall control. 3. The location and items to be stored shall be consistent with the Site Plan received July 15, 2020, as revised. 4. The Site Plan shall be revised as necessary to ensure the proposed items as listed in the narrative match the Site Plan key and will fit on the site as proposed. 5. The applicant shall plant the 14 Black Hills Spruce and Honeysuckles per the Landscape Plan dated April 20, 2016 no later than October 1, 2020, as revised and approved by Community Development staff in regards to the Honeysuckles. 6. The owner shall install and maintain effective perimeter control along the downstream perimeter from all on-site aggregate stockpiles with high levels of silts and clays that may easily be eroded and transported to adjacent properties and nearby waterbodies. 7. The owner shall install and maintain effective catch-basin inlet protection, using appropriate rigid frame catch-basin inserts, in all catch-basins immediately downstream of the crushed concrete stockpile and any other on-site stockpiles. 8. The applicant shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City’s codified land disturbance and erosion control regulations. City Council Meeting Minutes September 1, 2020 5 page 9. The existing recycled asphalt aggregate surface used for the driveway/storage/work areas will be subject to continued periodic review by City staff for adequacy of the material to control dust and drainage. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt 10. All parking and storage areas shall be properly maintained to prevent deterioration. 11. The site shall be subject to periodic review by City staff for adequacy of the material for containment and drainage. The first review will occur two (2) years following approval of this permit. If determined to be inadequate, the City will require concrete curb and gutter to be installed. 12. The applicant shall provide gate access to the Fire Department by October 1, 2020. Planned Development Amendment – Brianno’s Deli and The Royal Cliff Event Center/George Maverick, Ashford R.C. – A Planned Development Amendment to add 5000 sq. ft. of Green Space and Outdoor Garden and a 40 ft. pylon sign located at 2280 Cliff Road City Administrator Osberg introduced the item noting before the Council are two items for consideration, the first is a Planned Development Amendment to allow a 40-foot tall, 110 square foot pylon sign with a dynamic display and the second item is a Planned Development Amendment to allow an outdoor event space, upon property located at 2280 Cliff Road. City Planner Schultz gave a staff report and provided a site map. Owner and applicant George Maverick, 2280 Cliff Road, gave a presentation providing an overview of the proposed outdoor space and pylon sign. Mayor Maguire opened the public comment. The following residents addressed the Council noting their concerns and opposition to the proposed pylon sign and/or outdoor event space: Norma Hustedde, 4628 Westwood Lane, Linda Moilan, 1887 Silver Bell Road, Sandy Bro, 4624 Westwood Lane, Judy Jones, 2271 Woodhill Court, Bill Hustedde, 4628 Westwood Lane, Kristine Keller, 2267 Woodhill Court, Bryce Miller, 2259 Woodhill Court, and Jim Nelson, 4620 Westwood Lane. Staff responded to their concerns regarding noise, security and the sound wall. There being no more comment, Mayor Maguire turned the discussion back to the Council. The Council discussed the Planned Development Amendments. After further discussion, Mayor Maguire noted concern regarding the lack of design and details the proposed pylon sign provided. Councilmembers Hansen, Fields, Tilley and Bakken noted concerns regarding the pylon signage, light pollution and the precedent it will set for the area. Mr. Maverick asked to withdraw the request for the pylon sign. The Council accepted the withdrawal of the Planned Development Amendment for the pylon sign. City Council Meeting Minutes September 1, 2020 6 page Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow an outdoor event space, upon property located at 2280 Cliff Road, subject to the following conditions: Aye: 5 Nay: 0 (Roll Call) 1. An Amendment to the Planned Development Agreement shall be executed, in a form acceptable to the City Attorney, and recorded against the property within 90 days of City Council approval. The Agreement shall include the following exhibits: • Site Plan 2. A Building Permit shall be obtained for the outdoor event space renovations including the 8-foot and 12-foot walls, which walls shall have the same design and finish on exterior and interior sides. 3. 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. 4. This development shall comply with Eagan’ s Land Disturbance Stormwater Pollution Prevention Requirements. 5. The applicant shall enter into an encroachment agreement to allow noise wall in an easement, in a form acceptable to the City Attorney. 6. The performance standards for outdoor dining areas shall be met (except for additional parking). 7. The Applicant shall provide a Photometric Plan at time of Building Permit. 8. There shall be no amplified sound used in the garden other than low volume ceremony music. Comprehensive Guide Plan Amendment – Lofts at Talon Trail / Chris Stokka, MWF Properties – A Comprehensive Guide Plan Amendment from Retail Commercial (RC) to High Density Residential (HD) located on Lot 2, Block 1, Blackhawk Plaza City Administrator Osberg introduced the item noting the applicant is requesting a change in the land use designation from RC (Retail Commercial) to HD (High Density) for approximately 1.4 acres. The official action for consideration is to direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from RC (Retail Commercial) to HD (High Density) upon approximately 1.4 acres. City Planner Schultz gave a staff report and provided a site map. Chris Stokka, MWF Properties, gave a presentation providing an overview of the proposed development and was available for questions. City Council Meeting Minutes September 1, 2020 7 page Mayor Maguire open the public comment. The following residents addressed the Council noting their concerns and opposition to the proposed development: Diana Marcus, 2211 White Water Way, Max Kantor, 1748 Talon Trail, Steve Ruta, 1752 Talon Trail, Noreen Ruta, 1752 Talon Trail, presented a petition to the Council, Merabi Pruidze, 1732 Talon Trail, and Bill Wiebke, 4120 Raptor Road. Mr. Stokka responded to their concerns. There being no more comment, Mayor Maguire turned the discussion back to the Council. The Council discussed the request. The majority of the Council were not supportive of the proposed land use change due to concerns that the proposed use and residential density was not compatible with surrounding land uses. Councilmember Bakken moved, Councilmember Tilley seconded a motion to direct staff to prepare Findings of Fact for Denial of submitting to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from RC (Retail Commercial) to HD (High Density) upon approximately 1.4 acres generally located north of Diffley Road and west of I-35E. Aye: 5 Nay: 0 (Roll Call) Certification of Preliminary 2021 General Fund Budget and Property Tax Levy, And Setting of Public Meeting Date on which the Budget and Levy will be Discussed City Administrator Osberg introduced the item noting the Council reviewed the 2021 General Fund budget at the August 12, 2020 Council workshop. The 2021 General Fund budget presented at the workshop represents a 4.1% or a $1,776,500 increase over 2020. Finance Director Pepper was available for questions. 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 approve the preliminary payable 2020 property tax level as follows: Aye: 5 Nay: 0 (Roll Call) Operating 34,940,500 Capital 4,512,824 Abatement 15,500 Debt service 1,979,574 Total levy $41,448,398 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the preliminary 2020 General Fund budget, including contingency, of $44,598,600. Aye: 5 Nay: 0 (Roll Call) Councilmember Bakken moved, Councilmember Fields seconded a motion to set the date for the Public Hearing of the Payable 2021 levy and budget as Tuesday, December 1, 2020. Aye: 5 Nay: 0 (Roll Call) City Council Meeting Minutes September 1, 2020 8 page Councilmember Bakken moved, Councilmember Fields seconded a motion to make the following announcement “The next regularly scheduled meeting at which the levy and budget will be discussed is the City Council meeting of Tuesday, December 1, 2020 at 6:30 p.m., here in the Council Chambers. The public will be allowed to speak at this meeting.” Aye: 5 Nay: 0 (Roll Call) LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Councilmember Bakken announced for the next two weeks to approximately September 23, he will be in a remote location doing research and will not have cell phone or internet access. If constituents are trying to get a hold of him, he will not be available until after September 23. VISITORS TO BE HEARD Brenda (Radichel) Quaye approached City Council regarding a potential restaurant tenant as part of the approved Venstar Planned Development. Discussion pursued regarding the process. City Council and the City Attorney directed Ms. Quaye to submit a formal application that can be considered by City Council at the soonest available Council meeting. ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 9:30 p.m. Aye: 5 Nay: 0 (Roll Call) ___________________ Date ______ Mayor _______ City Clerk Agenda Information Memo September 15, 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 employee: Chemiere Verhey Absentee/Early Voting Assistant ITEM 2. Action To Be Considered: Approve the hiring of Tanner Palm, full-time Firefighter. Agenda Information Memo September 15, 2020 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated August 28 and September 4, 2020, as presented. Attachments: (2) CC-1 Check register dated August 28, 2020 CC-2 Check register dated September 4, 2020 8/27/2020City of Eagan 15:59:13R55CKR2 LOGIS102V 1Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 214954 8/28/2020 152114 3 GUYS SEWING 30.00 ERIK HOVE UNIFORM 319794 7326 3170.21158/26/2020 Clothing Allowance General AdmIn-Parks 30.00 214955 8/28/2020 111744 3D SPECIALTIES, INC. 1,090.00 BRADDOCK TR WARNING BEACONS 319700 217251 2242.62578/26/2020 Signs & Striping Material Signs-Installation & Mtn 1,090.00 214956 8/28/2020 142441 AAA STRIPING SERVICE CO. 2,045.00 MAINT PVMT MSGS 319701 107235 2243.65668/26/2020 Striping Striping 135.00 XWALK PVMT MKGS 319701 107235 8373.67188/26/2020 Project - Other Charges P1373 Hilltop Estates 880.00 SEALCOAT MSGS- VIKINGS PKWY 319701 107235 9375.65668/26/2020 Striping Major Street 25,120.00 MAINTENANCE STRIPING 319702 107254 2243.65668/26/2020 Striping Striping 28,180.00 214957 8/28/2020 100602 AIRGAS NORTH CENTRAL 20.79 CONCESSION RESALE 319703 9972484709 6609.68558/26/2020 Merchandise for Resale Concession Sales/Vending 20.79 214958 8/28/2020 146368 ALLEGRA 27.50 BUSINESS CARDS 319734 55931 1107.62118/26/2020 Office Printed Material/Forms Support Services 27.50 214959 8/28/2020 142987 APPLE CHEVROLET BUICK NORTHFIELD 112.50 WO 755 319704 71363 9001.14158/26/2020 Inventory - Parts General Fund 112.50 214960 8/28/2020 100360 APPLE FORD LINCOLN APPLE VALLEY 21.73 WO 729 319705 498582 9001.14158/26/2020 Inventory - Parts General Fund 66.12 WO 2020-729 319706 498644 9001.14158/26/2020 Inventory - Parts General Fund 8.17 WO 2020-729 319707 498566 9001.14158/26/2020 Inventory - Parts General Fund 93.77 WO 2020-729 319708 498298 9001.14158/26/2020 Inventory - Parts General Fund 52.00 WO 2020-753 319709 498556 9001.14158/26/2020 Inventory - Parts General Fund 588.04 INVENTORY 319893 499891 9001.14158/27/2020 Inventory - Parts General Fund 55.33 SHOP INVENTORY 319894 488289 9001.14158/27/2020 Inventory - Parts General Fund 325.04 1101 COMMERCIAL LABOR 319895 A1CB199421 9001.14158/27/2020 Inventory - Parts General Fund 1,210.20 214961 8/28/2020 138618 APPLIED ECOLOGICAL SERVICES INC. 2,576.00 PLANT MGT. SERVICES 319710 003003 6522.65358/26/2020 Other Contractual Services Basin Mgmt-Aquascaping 2,576.00 9/10/20 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 2Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 214961 8/28/2020 138618 APPLIED ECOLOGICAL SERVICES INC.Continued... 214962 8/28/2020 156882 ARCHKEY TECHNOLOGIES 70.00 FIRE 2 CODE FOR IPAD 319711 82909 0301.62308/26/2020 Repair/Maintenance Supplies-Ge IT-Gen & Admn 70.00 214963 8/28/2020 156883 BAD RIVER ARTWORKS INC 1,000.00 CIP ART ON LOAN PROGRAM 319896 114 2852.67628/27/2020 Special Features/Furnishings General Park Site Improvmts 1,000.00 214964 8/28/2020 156407 BARE HONEY 5.00 MARKET 8/19/20 CURBSIDE CSA 319712 081920 3061.46918/26/2020 Other Revenue Market Fest 5.00 214965 8/28/2020 142024 BASER & PL UMPIRES 2,856.00 MEN'S SOFTBALL UMPIRE 319713 081420 3048.63278/26/2020 Sporting Event Officials Adult Softball-Men 240.00 CO-ED SOFTBALL UMPIRE 319713 081420 3050.63278/26/2020 Sporting Event Officials Adult Softball-Co-Rec 3,096.00 214966 8/28/2020 100016 BAUER BUILT 191.75 INVENTORY 319714 518004444 9001.14158/26/2020 Inventory - Parts General Fund 104.76 INVENTORY 319715 518004478 9001.14158/26/2020 Inventory - Parts General Fund 215.64 #201 319897 518004902 9001.14158/27/2020 Inventory - Parts General Fund 512.15 214967 8/28/2020 146915 BESSER WELDING & FABRICATION 4,100.00 DESTALLPLAY BANKSHOT POLES 319716 13161 2811.67608/26/2020 Play Equipment Woodhaven Park 4,100.00 214968 8/28/2020 147854 BIALLAS, MARIE 71.00 CLASS INSTRUCTOR 319717 081920 3081.63208/26/2020 Instructors Arts & Humanities Council 71.00 214969 8/28/2020 131767 BOLTON & MENK INC. 2,886.00 CONST STAKING &ASSIST AUG 19 319718 0255528 8283.67138/26/2020 Project - Outside Engineering P1283 Deerwood Dr Slope stabil 2,886.00 214970 8/28/2020 129449 BOYD, WILLIAM 36.42 CLOTHING ALLOWANCE - BOYD 319719 081620 6101.21158/26/2020 Clothing Allowance Water -Administration 36.42 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 3Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 214971 8/28/2020 142633 BRAND, AARON Continued... 4.00 MARKET 8/19/20 CURBSIDE CSA 319720 081920 3061.46918/26/2020 Other Revenue Market Fest 4.00 214972 8/28/2020 100342 BROCK WHITE CO 230.00 PLAN IT 65-150004 319898 14134972-00 6541.67628/27/2020 Special Features/Furnishings Capital Proj-Renew&Repl-cr1126 230.00 214973 8/28/2020 148798 CHANG, CHONG SUE 10.00 MARKET 8/19/20 CURBSIDE CSA 319721 081920 3061.46918/26/2020 Other Revenue Market Fest 10.00 214974 8/28/2020 151299 CINTAS 48.31 RUGS 319722 4059311942 6154.65358/26/2020 Other Contractual Services South Plant Building 10.34 RUGS 319795 4059311953 3313.65698/26/2020 Maintenance Contracts Fire Buildings 114.00 RUGS 319796 4059311885 3313.65698/26/2020 Maintenance Contracts Fire Buildings 63.36 RUGS 319798 4059311837 6827.65698/26/2020 Maintenance Contracts Building Maintenance 236.01 214975 8/28/2020 142286 COMCAST 227.05 COMCAST 8/29/20-9/28/20 319723 877210508043374 7-081920 6807.63478/26/2020 Telephone Service & Line Charg Fitness Center 227.05 214976 8/28/2020 100038 COMMERCIAL ASPHALT 238.38 ASPHALT STREET REPAIR 319724 200815 2220.62558/26/2020 Street Repair Supplies Bituminous Surface Maint 238.38 214977 8/28/2020 150880 CORE & MAIN LP 267.83 MANHOLE REPAIR 319725 M808506 6250.62608/26/2020 Utility System Parts/Supplies Manhole Insp/Mtn/Repair 172.14 319726 M797374 6144.62608/26/2020 Utility System Parts/Supplies Hydrant Maintenance/Repair 481.25 COUPLING FOR WELL 18 METER 319727 M851655 6156.62608/26/2020 Utility System Parts/Supplies South Well Field 921.22 214978 8/28/2020 148998 CRI ENVIRONMENTAL SOLUTIONS 144.20 SPILLS CLEANUP SUPPLIES 319765 59231 6524.63108/26/2020 Professional Services-General Emergency management 144.20 214979 8/28/2020 100048 DAK CTY TECHNICAL COLLEGE 200.00 DOT RECERT NS MS 319728 709144 2401.64768/26/2020 Conferences/Meetings/Training Gen/Adm-Central Services 1,300.00 TRAINING FEES 319735 706180 1104.64768/26/2020 Conferences/Meetings/Training Patrolling/Traffic 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 4Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 214979 8/28/2020 100048 DAK CTY TECHNICAL COLLEGE Continued... 250.00 TRAINING FEES 319736 695473 1104.64768/26/2020 Conferences/Meetings/Training Patrolling/Traffic 975.00 TRAINING FEES 319737 699079 1104.64768/26/2020 Conferences/Meetings/Training Patrolling/Traffic 2,725.00 214980 8/28/2020 109386 DAKOTA COUNTY 2,700.00 WHEP PARTICIPATION 319738 2020WHEP 7017.68608/26/2020 Contributions/Cost Sharing Pay Wetland Assmt Project 2,700.00 214981 8/28/2020 148127 DAKOTA COUNTY FINANCIAL SERVICES (R) 693.40 JUN 2020 LABOR 319729 00038734 9695.64258/26/2020 Mobile Equipment Repair Labor Dakota Co Drug Task Force 509.08 JUN 2020 PARTS 319729 00038734 9695.62318/26/2020 Mobile Equipment Repair Parts Dakota Co Drug Task Force 196.09 JUN 2020 FUEL 319729 00038734 9695.62358/26/2020 Fuel, Lubricants, Additives Dakota Co Drug Task Force 1,398.57 214982 8/28/2020 100447 DALCO 423.80 CUSTODIAL SUPPLIES 319797 3659341 3304.62238/26/2020 Building/Cleaning Supplies Bldg/Facilities Maintenance 423.80 214983 8/28/2020 145007 DA'S FRESH CUT FLOWERS 7.00 MARKET 8/19/20 CURBSIDE CSA 319730 081920 3061.46918/26/2020 Other Revenue Market Fest 7.00 214984 8/28/2020 142972 DOUGHERTY, MOLENDA, SOLFEST, HILLS 8,599.14 LEGAL 319677 190896-04768 0601.63118/28/2020 Legal General Legal Service 247.50 NICOLS APARTMENT 319677 190896-04768 9001.2245 J04588/28/2020 Escrow - Private Development F General Fund 808.50 LEGAL 319678 190902-38628 0601.63118/28/2020 Legal General Legal Service 66.00 LEGAL 319679 190905-41201 0601.63118/28/2020 Legal General Legal Service 214.50 PROJ 1379 SEDIMENT REMOVE 319680 190908-41886 6541.6716 P13798/28/2020 Project - Legal Capital Proj-Renew&Repl-cr1126 2,854.50 LEGAL 319681 190913-43199 0601.63118/28/2020 Legal General Legal Service 132.00 DCDTF Grant 319682 190917-43250 9695.63118/28/2020 Legal Dakota Co Drug Task Force 481.27 AT&T YANKEE RESERVOIR AMEND 319683 190898-36296 6008.6311 AAT&T8/28/2020 Legal Yankee Doodle Antenna Location 455.94 T-MOBILE SPERRY TOWER 319684 190899-36300 6007.6311 ATMOB8/28/2020 Legal Sperry Antenna Location 303.96 VERIZON SOUTHERN LAKES PCS-LTE 319685 190900-37003 6006.6311 AVERI8/28/2020 Legal South Lakes Tower Antenna Loca 75.99 GERTENS 319686 190901-38446 9001.2245 J03518/28/2020 Escrow - Private Development F General Fund 177.31 THE PRESERVE AT CEDAR GROVE 319687 190904-41037 9001.2245 J04378/28/2020 Escrow - Private Development F General Fund 1,899.75 BALLANTRAE 319688 190906-41736 9001.2245 J04598/28/2020 Escrow - Private Development F General Fund 177.31 NICOLS APARTMENT 319689 190907-41737 9001.2245 J04588/28/2020 Escrow - Private Development F General Fund 1,266.50 VIKINGS LAKES APARTMENTS 319690 190909-42086 9001.2245 J04688/28/2020 Escrow - Private Development F General Fund 33.00 PROJ 1275 CSAH 26 319691 190903-38953 8275.67168/28/2020 Project - Legal P1275 CSAH 26 / Lone Oak Rd 33.00 MAX STEININGER 319692 190910-43003 9001.2245 J04928/28/2020 Escrow - Private Development F General Fund 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 5Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 214984 8/28/2020 142972 DOUGHERTY, MOLENDA, SOLFEST, HILLS Continued... 253.30 PILOT KNOB ANIMAL HOSPITAL 319693 190911-43113 9001.2245 J04968/28/2020 Escrow - Private Development F General Fund 253.30 PET SUITES 319694 190912-43114 9001.2245 J04978/28/2020 Escrow - Private Development F General Fund 126.65 BRIANNOS 319695 190914-43223 9001.2245 J04988/28/2020 Escrow - Private Development F General Fund 50.66 LOFTS AT TALON TRAIL 319696 190915-43224 9001.2245 J04998/28/2020 Escrow - Private Development F General Fund 75.99 WOODS OF WITHAM LANE 319697 190916-43225 9001.2245 J05008/28/2020 Escrow - Private Development F General Fund 154.88 LEGAL 319698 190897-10388 0601.63118/28/2020 Legal General Legal Service 1,545.00 LEGAL 319699 190946-12651 0601.63118/28/2020 Legal General Legal Service 20,285.95 214985 8/28/2020 151004 DYNAMIC MEDIA 395.40 SIRIUS RADIO 2019 319731 652340-120118 6801.63478/26/2020 Telephone Service & Line Charg General & Administrative 395.40 214986 8/28/2020 100060 ECM PUBLISHERS INC 210.00 ECM - CATALOG MARKETING 319732 789093 3001.63578/26/2020 Advertising/Publication General/Admn-Recreation 210.00 214987 8/28/2020 101006 EMERGENCY AUTO TECHNOLOGIES 156.10 NEW UNIT 104 319733 AW072420-2A 3521.66808/26/2020 Mobile Equipment Equip Rev Fd-Dept 21 1,692.82 PD REPAIR 319899 DL081420-22 3511.66808/27/2020 Mobile Equipment Equip Rev Fd-Dept 11 2,028.14 1213 REPAIR 319900 DL072220-20 3511.66808/27/2020 Mobile Equipment Equip Rev Fd-Dept 11 1,667.53 PD REPAIR 319901 DL072720-25 3511.66808/27/2020 Mobile Equipment Equip Rev Fd-Dept 11 5,544.59 214988 8/28/2020 100451 FASTENAL COMPANY 85.79 ELECT STOCK HEAT SHRINK 319739 MNTC1248380 6146.62308/26/2020 Repair/Maintenance Supplies-Ge North Plant Building 105.20 HEAT SHRINK ELECT SUPPLIES 319740 MNTC1248717 6147.62308/26/2020 Repair/Maintenance Supplies-Ge North Plant Production 190.99 214989 8/28/2020 102804 FLECK, JOEL 9.58 PROPANE FOR PAVER 319954 082020 2244.62438/27/2020 Heating Oil/Propane/Other Fuel Street Equipment Repair/Mtn 9.58 214990 8/28/2020 100099 FOSTER MN, J H 2,818.21 COMPRESSOR REPAIR 319902 10495425-00 3314.65358/27/2020 Other Contractual Services Central Maintenance 2,818.21 214991 8/28/2020 111768 FRONTIER COMMUNICATIONS OF MN 57.61 BISCAYNE AVE SAN LIFT STATION 319741 02231244-S-2022 3-SEP20 6239.63528/26/2020 Telephone Circuits Lift Station Maintenanc/Repair 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 6Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 214991 8/28/2020 111768 FRONTIER COMMUNICATIONS OF MN Continued... 57.61 214992 8/28/2020 147955 GALLS LLC 27.60 UNIFORM NELSON 319742 016260840 1104.62248/26/2020 Clothing/Personal Equipment Patrolling/Traffic 27.85 UNIFORM MCCARTY 319743 016300849 1104.62248/26/2020 Clothing/Personal Equipment Patrolling/Traffic 55.70 UNIFORM NEW OFFICERS 319744 016300850 1104.62248/26/2020 Clothing/Personal Equipment Patrolling/Traffic 111.15 214993 8/28/2020 100529 GASTFIELD MAINTENANCE PLUS, BOB 160.00 CUSTODIAL 319799 081120 3313.65378/26/2020 Janitorial Service Fire Buildings 160.00 214994 8/28/2020 142158 GENERAL OFFICE PRODUCTS COMPANY 764.00 OFFICE EQUIPMENT 319955 463008 1107.62128/27/2020 Office Small Equipment Support Services 764.00 214995 8/28/2020 144566 GERLACH OUTDOOR POWER EQUIPMENT INC. 679.26 VEH. 348 319745 201459 9001.14158/26/2020 Inventory - Parts General Fund 679.26 214996 8/28/2020 100465 GERTEN GREENHOUSES 74.00 WESCOTT TRAIL RESTORATION 319746 15782 /12 2271.62208/26/2020 Operating Supplies - General Boulevard/Ditch Mtn 74.00 214997 8/28/2020 102114 GILBERG, STEVE 29.99 CLOTHING ALLOWANCE - GILBERG 319747 081220 6101.21158/26/2020 Clothing Allowance Water -Administration 29.99 214998 8/28/2020 150649 GREAT HARVEST BREAD 6.25 MARKET 8/19/20 CURBSIDE CSA 319748 081920 3061.46918/26/2020 Other Revenue Market Fest 32.00 MARKET 8/19/20 SNAP/EBT 319748 081920 3061.6220 PR0038/26/2020 Operating Supplies - General Market Fest 22.00 MARKET 8/19/20 MARKETBUCKS 319748 081920 3061.6220 PR0048/26/2020 Operating Supplies - General Market Fest 60.25 214999 8/28/2020 100083 HACH CO 375.00 6 MONTH LAB SUPPLY 319749 12073870 6149.62208/26/2020 Operating Supplies - General Water Sampling/Testing 375.00 215000 8/28/2020 100084 HANCO 129.28 TIRES 319750 530731 9001.14158/26/2020 Inventory - Parts General Fund 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 7Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215000 8/28/2020 100084 HANCO Continued... 129.28 215001 8/28/2020 100085 HARDWARE HANK 66.16 STP PLATE SETTLER 319751 1927094 6154.62308/26/2020 Repair/Maintenance Supplies-Ge South Plant Building 43.93 LUBRICANT - 2 CYCLE MIX 319752 1926718 3201.62358/26/2020 Fuel, Lubricants, Additives Administrative/General 4.69 FISHING EVENT SUPPLIES 319753 1927221 6538.62278/26/2020 Recreation Equipment/Supplies Pub Information/Education 2.99 PD SUPPLIES 319754 1927394 1104.62268/26/2020 Public Safety Supplies Patrolling/Traffic 25.88 PD SUPPLIES 319755 1927124 1104.62268/26/2020 Public Safety Supplies Patrolling/Traffic 143.65 215002 8/28/2020 152930 HARRIS MECHANICAL SERVICES LLC 10,443.25 MAINT AGREEMENT 319756 505010401 6602.65698/26/2020 Maintenance Contracts Equipment Repair & Maint. 10,443.25 215003 8/28/2020 100267 HAYES ELECTRIC 576.00 ELECTRICAL WORK 319757 4438 3304.65358/26/2020 Other Contractual Services Bldg/Facilities Maintenance 3,186.77 SKY ELECTRICAL 319758 4437-081320 2809.67568/26/2020 Building & Structures Skyhill Park 864.00 NV LIGHTS/LIGHTNING 319759 4441 3109.64288/26/2020 Field/Other Equipment Repair-L Lighting Maintenance 1,766.10 NV LIGHTS/LIGHTNING 319759 4441 3109.62348/26/2020 Field/Other Equipment Repair Lighting Maintenance 6,392.87 215004 8/28/2020 148797 HER, PANG CHANG 10.00 MARKET 8/19/20 CURBSIDE CSA 319760 081920 3061.46918/26/2020 Other Revenue Market Fest 10.00 215005 8/28/2020 102599 HIRSHFIELD'S PAINT MANUFACTURING 1,993.90 FIELD PAINT 319800 0006847-IN 3118.62518/26/2020 Athletic Field Supplies Athletic Field Mtn/Setup 1,993.90 215006 8/28/2020 100627 HOME DEPOT CREDIT SERVICES 39.59 WOOD 319911 4030987 1104.62288/28/2020 Ammunition Patrolling/Traffic 8.31 CABLE TIES 319912 6512779 1104.62288/28/2020 Ammunition Patrolling/Traffic 2.99 SUPPLIES 319913 4083047 6603.62338/28/2020 Building Repair Supplies Building Repair & Maint. 26.91 SUPPLIES 319914 6521262 6602.62408/28/2020 Small Tools Equipment Repair & Maint. 15.99 SUPPLIES 319914 6521262 6603.62238/28/2020 Building/Cleaning Supplies Building Repair & Maint. 24.98 OHMAN TOILET SEAT 319915 3030655 3106.62338/28/2020 Building Repair Supplies Structure Care & Maintenance 62.38 TOOLS 319916 2015351 3127.62408/28/2020 Small Tools Equipment Maintenance/Repair 56.47 WINTER AERATION SUPPLIES 319917 2015428 6501.62208/28/2020 Operating Supplies - General G/A - Water Quality 59.96 PLANTING PROJ @ HOLZ LAKE 319918 2015429 6587.62408/28/2020 Small Tools DC Aqua Invasive Species Grant 24.87 SKY VENT PIPING 319919 2030687 3106.62338/28/2020 Building Repair Supplies Structure Care & Maintenance 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 8Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215006 8/28/2020 100627 HOME DEPOT CREDIT SERVICES Continued... 102.37 WANDERING WALK BOARDWALK RPR 319920 1030775 3201.62208/28/2020 Operating Supplies - General Administrative/General 23.87 NORTHVIEW 319921 15613-071620 3106.62208/28/2020 Operating Supplies - General Structure Care & Maintenance 12.30-SKY VENT PIPING RETURN 319922 9194423 3106.62338/28/2020 Building Repair Supplies Structure Care & Maintenance 12.57-SKY VENT PIPING RETURN 319923 9194424 3106.62338/28/2020 Building Repair Supplies Structure Care & Maintenance 54.82 TOOLS 319924 9350514 3117.62408/28/2020 Small Tools Irrigation System Mtn/Install 36.73 TOOLS 319925 6016137 3104.62408/28/2020 Small Tools Site Amenity Installation 130.86 CLEANING SUPPLIES 319926 6030916 3106.62238/28/2020 Building/Cleaning Supplies Structure Care & Maintenance 136.90 SKYHILL ADA GRAB BARS 319927 5010016 2809.67568/28/2020 Building & Structures Skyhill Park 23.72 SKYHILL 319928 5010023 3106.62208/28/2020 Operating Supplies - General Structure Care & Maintenance 23.97 ART BENCH 319929 2010426 3103.62208/28/2020 Operating Supplies - General Site Amenity Maintenance 31.47 SUPPLIES 319930 8010878 3107.62208/28/2020 Operating Supplies - General Building/Structure Constr 31.96 CLEANING SUPPLIES 319931 7010985 3106.62238/28/2020 Building/Cleaning Supplies Structure Care & Maintenance 17.29 ELECTRICAL SKYHILL 319931 7010985 3106.62338/28/2020 Building Repair Supplies Structure Care & Maintenance 14.11 SKYHILL 319932 7011008 3106.62208/28/2020 Operating Supplies - General Structure Care & Maintenance 18.97 SKYHILL 319933 6011104 3106.62408/28/2020 Small Tools Structure Care & Maintenance 29.96 SKYHILL BATHROOM 319934 6011122 3106.62338/28/2020 Building Repair Supplies Structure Care & Maintenance 19.96 SUPPLIES 319935 6011149 3104.62208/28/2020 Operating Supplies - General Site Amenity Installation 118.62 SKY BASE BOARD STOREROOM 319936 5011193 2809.67568/28/2020 Building & Structures Skyhill Park 38.29 ART BENCHES 319937 2011427 3104.62208/28/2020 Operating Supplies - General Site Amenity Installation 109.00 SKY SINK 319938 11604 3106.62338/28/2020 Building Repair Supplies Structure Care & Maintenance 54.11 VANDALISM 319939 11614 3105.62238/28/2020 Building/Cleaning Supplies Vandalism Repair or Cleanup 6.27 SUPPLIES 319940 11624 3106.62338/28/2020 Building Repair Supplies Structure Care & Maintenance 39.90 ECC VANDALISM 319941 9011772 3105.62238/28/2020 Building/Cleaning Supplies Vandalism Repair or Cleanup 44.44 RAMP 319942 8011876 3132.62208/28/2020 Operating Supplies - General Nondepartmental 28.45 RAMP 319943 8011884 3132.62208/28/2020 Operating Supplies - General Nondepartmental 31.92 VANDALISM 319944 8011912 3105.62238/28/2020 Building/Cleaning Supplies Vandalism Repair or Cleanup 34.18-RAMP 319945 8190371 3132.62208/28/2020 Operating Supplies - General Nondepartmental 10.35 RAMP 319946 8522286 3132.62208/28/2020 Operating Supplies - General Nondepartmental 35.88 CLEANING SUPPLIES 319947 4012392 3106.62238/28/2020 Building/Cleaning Supplies Structure Care & Maintenance 1,477.59 215007 8/28/2020 156884 JETTER CLEAN INC 175.50 CLEANING POOL DRAINS 319761 L6410 6720.65358/26/2020 Other Contractual Services Pool Attendant 175.50 215008 8/28/2020 153563 JOHNSON FITNESS AND WELLNESS 174.00 JOHNSON FITNESS HOIST REPAIRS 319762 21-065780 6807.62328/26/2020 Small Equipment Repair Parts Fitness Center 174.00 215009 8/28/2020 149254 JT SERVICES 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 9Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215009 8/28/2020 149254 JT SERVICES Continued... 23,467.00 STREET LT CROSS ARMS 319763 JT20-223-09 8351.67188/26/2020 Project - Other Charges P 1351 2019 Streetl ight impro 23,467.00 215010 8/28/2020 140758 KENDELL DOORS & HARDWARE INC. 6,094.00 DOOR 17 AND DOOR 4 INSTALL 319764 IN021417 6148.64278/26/2020 Building Operations/Repair-Lab North Well Field 6,094.00 215011 8/28/2020 149654 KIESLERS POLICE SUPPLY 194.00 UNIFORM GLOCK 319766 IN141771 1104.62248/26/2020 Clothing/Personal Equipment Patrolling/Traffic 694.00 UNIFORM GLOCK 319767 IN141953 1104.62248/26/2020 Clothing/Personal Equipment Patrolling/Traffic 320.74 UNIFORM GLOCK 319768 SI100936 1104.62248/26/2020 Clothing/Personal Equipment Patrolling/Traffic 1,208.74 215012 8/28/2020 124496 KIRVIDA FIRE INC. 187.48 1219 REPAIR 319801 8960 1224.64258/26/2020 Mobile Equipment Repair Labor Engineer 991.58 1202-VALVE REPAIRS 319802 8959 1224.64258/26/2020 Mobile Equipment Repair Labor Engineer 123.75 2102-PUMP FITTINGS 319803 8958 1224.64258/26/2020 Mobile Equipment Repair Labor Engineer 438.68 1213-VALVE REBUILD 319804 8957 1224.64258/26/2020 Mobile Equipment Repair Labor Engineer 1,741.49 215013 8/28/2020 156402 KNEADY LADY BAKERY, THE 5.00 MARKET 8/19/20 CURBSIDE CSA 319769 081920 3061.46918/26/2020 Other Revenue Market Fest 5.00 215014 8/28/2020 156426 KRUSTYZ LLC 9.00 MARKET 8/19/20 CURBSIDE CSA 319770 081920 3061.46918/26/2020 Other Revenue Market Fest 9.00 215015 8/28/2020 154498 LEE, MAI 10.00 MARKET 8/19/20 CURBSIDE CSA 319771 081920 3061.46918/26/2020 Other Revenue Market Fest 1.00 MARKET 8/19/20 SNAP/EBT 319771 081920 3061.6220 PR0038/26/2020 Operating Supplies - General Market Fest 1.00 MARKET 8/19/20 MARKETBUCKS 319771 081920 3061.6220 PR0048/26/2020 Operating Supplies - General Market Fest 12.00 215016 8/28/2020 137999 LIBERTY TIRE RECYCLING LLC 91.95 SCRAP TIRE 319772 1863700 9001.14158/26/2020 Inventory - Parts General Fund 91.95 215017 8/28/2020 153886 LIPINSKI, PAT 84.84 EAB COST SHARE 319773 2020 OAK 3209.68608/26/2020 Contributions/Cost Sharing Pay Plant Inspections-Private Prop 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 10Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215017 8/28/2020 153886 LIPINSKI, PAT Continued... WILT-FI 84.84 215018 8/28/2020 102070 LITKE, TOM 1,700.00 PAINT SKY DOORS 319774 106850 3106.66208/26/2020 Buildings Structure Care & Maintenance 1,700.00 215019 8/28/2020 156401 LUTHER FOODS 4.00 MARKET 8/19/20 CURBSIDE CSA 319775 081920 3061.46918/26/2020 Other Revenue Market Fest 5.00 MARKET 8/19/20 SNAP/EBT 319775 081920 3061.6220 PR0038/26/2020 Operating Supplies - General Market Fest 10.00 MARKET 8/19/20 MARKETBUCKS 319775 081920 3061.6220 PR0048/26/2020 Operating Supplies - General Market Fest 19.00 215020 8/28/2020 139121 MARCO INC. 6,426.00 COPIERS/PRINTERS 319776 27619402 0301.65698/26/2020 Maintenance Contracts IT-Gen & Admn 105.51 COPIERS/PRINTERS 319776 27619402 6501.65698/26/2020 Maintenance Contracts G/A - Water Quality 706.07 COPIERS/PRINTERS 319776 27619402 6101.65698/26/2020 Maintenance Contracts Water -Administration 111.18 COPIERS/PRINTERS 319776 27619402 6601.65698/26/2020 Maintenance Contracts General/Administrative-Arena 766.93 COPIERS/PRINTERS 319776 27619402 6801.65698/26/2020 Maintenance Contracts General & Administrative 8,115.69 215021 8/28/2020 100118 MARKS TOWING 75.00 WO 827 319903 542768 9001.14158/27/2020 Inventory - Parts General Fund 75.00 215022 8/28/2020 100710 METRO COUNCIL ENVIRONMENTAL SVCS 496,257.12 WASTEWATER - SEPT SERVICES 319778 0001112844 6201.65758/26/2020 MCES Disposal Charges San Sewer-Administration 496,257.12 215023 8/28/2020 100685 METRO SALES INC (R) 276.35 COPIER USAGE 5/18-8/17/20 319777 INV1645215 9695.62108/26/2020 Office Supplies Dakota Co Drug Task Force 276.35 215024 8/28/2020 156531 MIDWEST MUSHROOMS 10.00 MARKET 8/19/20 CURBSIDE CSA 319779 081920 3061.46918/26/2020 Other Revenue Market Fest 10.00 215025 8/28/2020 156871 MIER, SHIRLEY 300.00 SENIOR CONCERT 319780 100 3078.65358/26/2020 Other Contractual Services Senior Citizens 300.00 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 11Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215025 8/28/2020 156871 MIER, SHIRLEY Continued... 215026 8/28/2020 120087 MN ENERGY RESOURCES CORP 48.36 FIRE STATION 3 319781 0502709856-0000 1-AUG20 3313.64108/26/2020 Natural Gas Service Fire Buildings 18.00 HOLZ FARM 319782 0506678453-0000 1-AUG20 3106.64108/26/2020 Natural Gas Service Structure Care & Maintenance 52.45 VEHICLE WASH 319783 0505460873-0000 4-AUG20 3304.64108/26/2020 Natural Gas Service Bldg/Facilities Maintenance 10.31 CENTRAL PARK PAVILLION 319784 0506640339-0000 1-AUG20 3106.64108/26/2020 Natural Gas Service Structure Care & Maintenance 62.78 FIRE STATION 4 319785 0502992371-0000 1-AUG20 3313.64108/26/2020 Natural Gas Service Fire Buildings 18.27 QUARRY PARK 319786 0507516709-0000 1-AUG20 3106.64108/26/2020 Natural Gas Service Structure Care & Maintenance 45.68 HEATED VEHICLE STORAGE 319787 0502896570-0000 8-AUG20 3304.64108/26/2020 Natural Gas Service Bldg/Facilities Maintenance 45.68 EAGAN OUTLETS 319788 0507382197-0000 1-AUG20 9116.64108/26/2020 Natural Gas Service Cedar Grove Parking Garage 18.27 TIMBERLINE PUMPHOUSE 319789 0502341685-0000 1-AUG20 6146.64108/26/2020 Natural Gas Service North Plant Building 18.27 MOONSHINE 319790 0506119075-0000 1 3106.64108/26/2020 Natural Gas Service Structure Care & Maintenance 45.68 EAGAN OUTLETS COMMONS 319791 0504332209-0000 1-AUG20 9116.64108/26/2020 Natural Gas Service Cedar Grove Parking Garage 2,505.62 NORTH TREATMENT PLANT 319792 0505460873-0000 1-AUG20 6146.64108/26/2020 Natural Gas Service North Plant Building 18.00 WELL #3 319793 0505460873-0000 2-AUG20 6146.64108/26/2020 Natural Gas Service North Plant Building 2,907.37 215027 8/28/2020 117900 MN GLOVE, INC. 109.99 CLOTHING ALLOWANCE - GILBERG 319805 323922 6101.21158/26/2020 Clothing Allowance Water -Administration 109.99 215028 8/28/2020 151289 MOE, DAN 10.00 MARKET 8/19/20 CURBSIDE CSA 319806 081920 3061.46918/26/2020 Other Revenue Market Fest 9.00 MARKET 8/19/20 SNAP/EBT 319806 081920 3061.6220 PR0038/26/2020 Operating Supplies - General Market Fest 3.00 MARKET 8/19/20 MARKETBUCKS 319806 081920 3061.6220 PR0048/26/2020 Operating Supplies - General Market Fest 22.00 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 12Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215029 8/28/2020 150486 MOUA, SHENG Continued... 10.00 MARKET 8/19/20 CURBSIDE CSA 319807 081920 3061.46918/26/2020 Other Revenue Market Fest 10.00 215030 8/28/2020 119024 MP NEXLEVEL LLC 1,663.95 FIBER RELOCATION 319808 1119432 0301.64978/26/2020 AccessEagan relocation cost IT-Gen & Admn 1,223.25 FIBER RELOCATION 319809 1119433 0301.64978/26/2020 AccessEagan relocation cost IT-Gen & Admn 2,887.20 215031 8/28/2020 100146 MTI DISTR CO 392.00 327 319810 1273118-00 9001.14158/26/2020 Inventory - Parts General Fund 5,148.38 UNIT 328 319811 1267435-00 9001.14158/26/2020 Inventory - Parts General Fund 5.93 IRRIGATION PARTS MTI 319812 1274526-00 3117.62348/26/2020 Field/Other Equipment Repair Irrigation System Mtn/Install 334.21 IRRIGATION PARTS MTI 319813 1274271-00 3117.62348/26/2020 Field/Other Equipment Repair Irrigation System Mtn/Install 40.46 319814 1273466-00 3117.62348/26/2020 Field/Other Equipment Repair Irrigation System Mtn/Install 23.95 PARKS MOWER 319904 1273326-00 9001.14158/27/2020 Inventory - Parts General Fund 23.90 328 319905 1273327-00 9001.14158/27/2020 Inventory - Parts General Fund 5,968.83 215032 8/28/2020 122435 OFFICE DEPOT (R) 114.81 TISSUE LINER COFFEE SOAP CLEAN 319815 115386178001 9695.62108/26/2020 Office Supplies Dakota Co Drug Task Force 114.81 215033 8/28/2020 108599 OFFICE DEPOT, INC. 147.49 OFFICE SUPPLIES 319816 116386982001 2401.62108/26/2020 Office Supplies Gen/Adm-Central Services 106.90 OFFICE SUPPLIES 319817 115063781001 1001.62108/26/2020 Office Supplies General/Admn-Human Resources 12.00 OFFICE SUPPLIES 319818 116560390001 0720.62108/26/2020 Office Supplies General Admin-Planning & Zonin 12.00 OFFICE SUPPLIES 319818 116560390001 2010.62208/26/2020 Operating Supplies - General General Engineering 11.99 OFFICE SUPPLIES 319818 116560390001 0820.62108/26/2020 Office Supplies General/Admn-Housing 13.13 OFFICE SUPPLIES 319819 116558496001 0720.62108/26/2020 Office Supplies General Admin-Planning & Zonin 13.13 OFFICE SUPPLIES 319819 116558496001 2010.62208/26/2020 Operating Supplies - General General Engineering 13.14 OFFICE SUPPLIES 319819 116558496001 0820.62108/26/2020 Office Supplies General/Admn-Housing 329.78 215034 8/28/2020 143709 OREILLY AUTO PARTS 8.70 WO 2020-747 319820 3287-242573 9001.14158/26/2020 Inventory - Parts General Fund 4.96 CODED BY PARKS 319821 3287-243508 3127.62208/26/2020 Operating Supplies - General Equipment Maintenance/Repair 3.49 WO 623 319906 3287-248555 9001.14158/27/2020 Inventory - Parts General Fund 17.15 215035 8/28/2020 115253 PELLICCI ACE HARDWARE 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 13Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215035 8/28/2020 115253 PELLICCI ACE HARDWARE Continued... 54.99 TORCH FOR JEFF BAC -T ROUTS 319822 20178 /E 6149.62408/26/2020 Small Tools Water Sampling/Testing 7.49 CONCRETE EDGING SAW BLADE 319823 20202 /E 2244.62318/26/2020 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 62.48 215036 8/28/2020 101722 PETERSON,SCOTT 60.00 DCBO MTGS 2019/2020 319824 030420 0800.64778/26/2020 Local Meeting Expenses (Budget) Comm Dev-Inspections 60.00 215037 8/28/2020 156427 PHOENICIAN FOODS 3.00 MARKET 8/19/20 CURBSIDE CSA 319825 081920 3061.46918/26/2020 Other Revenue Market Fest 3.00 215038 8/28/2020 100569 PREMIUM WATERS INC 10.00 WATER SYSTEM 319826 604306-07-20 1104.64758/26/2020 Miscellaneous Patrolling/Traffic 10.00 215039 8/28/2020 145740 PROFESSIONAL BEVERAGE SYSTEMS INC 112.50 WATER COOLER CLEANING 319827 48089 1104.63108/26/2020 Professional Services-General Patrolling/Traffic 112.50 215040 8/28/2020 100361 R & R SPECIALTIES INC 105.00 BLADES SHARPENED 319828 0070887-IN 6602.62308/26/2020 Repair/Maintenance Supplies-Ge Equipment Repair & Maint. 105.00 215041 8/28/2020 144340 RACHEL CONTRACTING LLC 166,307.00 CONT 20-10 PMT 1 319829 082520 8283.67108/26/2020 Project - Contract P1283 Deerwood Dr Slope stabil 166,307.00 215042 8/28/2020 143557 RANDSTAD (R) 1,273.58 ADMIN ASSIST 8/2-8/8/20 319830 R27289132 9695.65618/26/2020 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 1,163.96 ADMIN ASSIST 8/9-8/15/20 319831 R27323197 9695.65618/26/2020 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 2,437.54 215043 8/28/2020 100169 RATWIK ROSZAK ETAL 78.50 OUTSIDE LEGAL SERVICES 319832 67069 0603.63118/26/2020 Legal Outside Legal Counsel 78.50 215044 8/28/2020 150405 RMB ENVIRONMENTAL LABORATORIES INC 90.00 WQ MONITORING ANALYSES 319833 513090 6528.63238/26/2020 Testing Services Basin Mgmt-Water Spl/Studies/M 108.00 WQ MONITORING ANALYSES 319834 512088 6528.63238/26/2020 Testing Services Basin Mgmt-Water Spl/Studies/M 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 14Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215044 8/28/2020 150405 RMB ENVIRONMENTAL LABORATORIES INC Continued... 365.00 WQ MONITORING ANALYSES 319835 512082 6528.63238/26/2020 Testing Services Basin Mgmt-Water Spl/Studies/M 493.00 WQ MONITORING ANALYSES 319836 512338 6528.63238/26/2020 Testing Services Basin Mgmt-Water Spl/Studies/M 125.00 WQ MONITORING ANALYSES 319837 511618 6528.63238/26/2020 Testing Services Basin Mgmt-Water Spl/Studies/M 195.00 WQ MONITORING ANALYSES 319838 513923 6528.63238/26/2020 Testing Services Basin Mgmt-Water Spl/Studies/M 108.00 WQ MONITORING ANALYSES 319839 514180 6528.63238/26/2020 Testing Services Basin Mgmt-Water Spl/Studies/M 90.00 WQ MONITORING ANALYSES 319840 514178 6528.63238/26/2020 Testing Services Basin Mgmt-Water Spl/Studies/M 400.00 WQ MONITORING ANALYSES 319841 514182 6528.63238/26/2020 Testing Services Basin Mgmt-Water Spl/Studies/M 1,974.00 215045 8/28/2020 144714 ROCK HARD LANDSCAPE SUPPLY 694.80 CIVICCTRPARK CIP 319842 77182 2852.67598/26/2020 General Landscaping/Furnishing General Park Site Improvmts 694.80 215046 8/28/2020 149711 SAFE-FAST INC. 1,329.30 PPE HI-VIZ T-SHIRTS 319843 INV235255 6438.62228/26/2020 Medical/Rescue/Safety Supplies Storm Main Maintenance/Repair 95.80 CLOTHING ALLOWANCE - BAILEY 319844 INV235377 6101.21158/26/2020 Clothing Allowance Water -Administration 1,425.10 215047 8/28/2020 146907 SAFELITE FULFILLMENT INC. 233.14 EA1141 COMMERCIAL LABOR 319845 05147201511 9001.14158/26/2020 Inventory - Parts General Fund 233.14 215048 8/28/2020 100683 SAMS CLUB GECF 24.42-RETURN 319948 002576 3027.62278/28/2020 Recreation Equipment/Supplies Holz Farm 12.98 SUPPLIES 319949 000000-072120 3078.62278/28/2020 Recreation Equipment/Supplies Senior Citizens 27.94 SUPPLIES 319949 000000-072120 3057.62278/28/2020 Recreation Equipment/Supplies Preschool Programs 30.96 SUPPLIES 319949 000000-072120 3059.62278/28/2020 Recreation Equipment/Supplies Summer in the Park 47.94 FACE MASKS 319950 000000-072320 3312.62238/28/2020 Building/Cleaning Supplies Emergency management 128.85 FACE MASKS 319951 000000-07232020 3312.62238/28/2020 Building/Cleaning Supplies Emergency management 38.94 SUPPLIES 319952 000000-072420 3079.62278/28/2020 Recreation Equipment/Supplies Special Events 44.00 GATORADE 319953 000000-080320 1153.62208/28/2020 Operating Supplies - General Civil Disturbance Management 90.52 WATER/PLATES/COFFEE 319953 000000-080320 1107.62108/28/2020 Office Supplies Support Services 397.71 215049 8/28/2020 150474 SCHWARTZ FARM 13.00 MARKET 8/19/20 MARKETBUCKS 319846 081920 3061.6220 PR0048/26/2020 Operating Supplies - General Market Fest 18.00 MARKET 8/19/20 SNAP/EBT 319846 081920 3061.6220 PR0038/26/2020 Operating Supplies - General Market Fest 10.00 MARKET 8/19/20 CURBSIDE CSA 319846 081920 3061.46918/26/2020 Other Revenue Market Fest 41.00 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 15Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215050 8/28/2020 102772 SECURITY CONTROL SYSTEMS, INC.Continued... 64.13 SECURITY MONITORING 319850 46932 6716.64278/26/2020 Building Operations/Repair-Lab General Administration 64.13 215051 8/28/2020 100187 SEH 180.57 S LAKES TOWER REHAB 319847 391073 6006.63108/26/2020 Professional Services-General South Lakes Tower Antenna Loca 258.11 S LAKES TOWER REHAB 319848 391072 6006.6310 AVERI8/26/2020 Professional Services-General South Lakes Tower Antenna Loca 1,895.21 S LAKES TOWER REHAB 319849 391071 6006.6310 ATMOB8/26/2020 Professional Services-General South Lakes Tower Antenna Loca 2,150.08 TELECOM 319851 391123 6007.6310 ATMOB8/26/2020 Professional Services-General Sperry Antenna Location 650.94 TELECOM 319852 391120 6007.6310 ASPRI8/26/2020 Professional Services-General Sperry Antenna Location 830.50 TELECOM 319853 391124 6007.6310 ATMOB8/26/2020 Professional Services-General Sperry Antenna Location 356.60 TELECOM 319854 391122 6007.6310 AVERI8/26/2020 Professional Services-General Sperry Antenna Location 3,636.16 TELECOM 319907 391121 6003.6310 AVERI8/27/2020 Professional Services-General Lexington Antenna Location 223.47 TELECOM 319907 391121 6007.6310 ADAKO8/27/2020 Professional Services-General Sperry Antenna Location 10,181.64 215052 8/28/2020 152205 SEMA EQUIPMENT INC 34.02 PARKS REQUEST. PART IN INVENTO 319855 1420515 9001.14158/26/2020 Inventory - Parts General Fund 34.02 215053 8/28/2020 100191 SHERWIN WILLIAMS 44.57 WELL 5 PAINT (BRAD)319856 1964-1 6156.62338/26/2020 Building Repair Supplies South Well Field 44.57 215054 8/28/2020 151184 SIMPLIFILE 49.00 RECORDING FEES 319857 15001968827 0720.4095 J04908/26/2020 Conditional Use/Special Use General Admin-Planning & Zonin 49.00 RECORDING FEES 319858 15002003873 0720.4206 J04868/26/2020 Platting Fees General Admin-Planning & Zonin 49.00 RECORDING FEES 319858 15002003873 0720.4206 J04868/26/2020 Platting Fees General Admin-Planning & Zonin 49.00 RECORDING FEES 319858 15002003873 0720.4206 J04938/26/2020 Platting Fees General Admin-Planning & Zonin 49.00 RECORDING FEES 319859 15002063279 0720.4095 J04918/26/2020 Conditional Use/Special Use General Admin-Planning & Zonin 245.00 215055 8/28/2020 151416 SMART DELIVERY SERVICE INC 206.40 INTEROFFICE MAIL 8-14-20 319860 72966 0401.65358/26/2020 Other Contractual Services General & Admn-City Clerk 206.40 215056 8/28/2020 102392 SPARTAN PROMOTIONAL GROUP, INC. 317.08 EVENT SUPPLIES 319883 585792 3097.62278/26/2020 Recreation Equipment/Supplies Art Block 317.08 215057 8/28/2020 114471 SPRINT 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 16Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215057 8/28/2020 114471 SPRINT Continued... 42.24 POLICE STREET POST 319884 204988812-153 1104.63498/26/2020 Teleprocessing Equipment Patrolling/Traffic 42.24 215058 8/28/2020 100359 ST CROIX RECREATION CO INC 43,748.80 DESTALLPLAY SUNSHELTER 319909 20628 2811.67568/27/2020 Building & Structures Woodhaven Park 43,748.80 215059 8/28/2020 100854 ST PAUL STAMP WORKS, INC. 185.18 COMMISSION NAME PLATES 319885 474385 0201.62108/26/2020 Office Supplies General & Admn-Admn 185.18 215060 8/28/2020 156873 SULLIVAN, COURTNEY 875.00 REFUND FOR WEDDING CANCELLATIO 319886 1337279 3001.22508/26/2020 Escrow Deposits General/Admn-Recreation 875.00 215061 8/28/2020 101807 SUN BADGE CO. 206.50 UNIFORM BADGE 319861 400942 1101.62248/26/2020 Clothing/Personal Equipment General/Admn-Police 206.50 215062 8/28/2020 154052 SUPERIOR TURF SERVICES INC 19,138.95 FERTILIZER SUPERIOR TURF 319862 78 3114.62538/26/2020 Turf Maintenance & Landscape S Turf Mgmt/Enhancement 19,138.95 215063 8/28/2020 156558 SWEETWATER SOAPS 8.00 MARKET 8/19/20 CURBSIDE CSA 319863 081920 3061.46918/26/2020 Other Revenue Market Fest 8.00 215064 8/28/2020 100438 SYN-TECH SYSTEMS INC 168.00 FUEL KEYS 319908 220287 2401.62348/27/2020 Field/Other Equipment Repair Gen/Adm-Central Services 168.00 215065 8/28/2020 156405 TEA TREE & ROSE 7.00 MARKET 8/19/20 CURBSIDE CSA 319864 081920 3061.46918/26/2020 Other Revenue Market Fest 7.00 215066 8/28/2020 134135 THOMSON REUTERS 308.90 CLEAR MONTHLY-JULY 2020 319865 842745940 1105.64578/26/2020 Machinery & Equipment-Rental Investigation/Crime Prevention 308.90 215067 8/28/2020 142403 TITAN MACHINERY 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 17Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215067 8/28/2020 142403 TITAN MACHINERY Continued... 576.26 137 319866 14380538 GP 9001.14158/26/2020 Inventory - Parts General Fund 576.26 215068 8/28/2020 100223 TRI STATE BOBCAT 1,130.00 RENTAL - ROTATING GRAPPLE 319867 R30621 3201.64578/26/2020 Machinery & Equipment-Rental Administrative/General 287.63 CHAINSAW FUEL 319868 P39196 2273.62438/26/2020 Heating Oil/Propane/Other Fuel Emerald Ash Borer-Public 58.46 CHAINSAW BAR 319868 P39196 2273.62208/26/2020 Operating Supplies - General Emerald Ash Borer-Public 1,476.09 215069 8/28/2020 100232 UHL CO INC 5,663.47 SECURITY-ACCESS CONTROL REMODE 319869 62042 5044.66608/26/2020 Office Furnishings & Equipment Phase 2-FF&E 1,804.50 REPAIR S2 GATE ISSUES 319870 23512 0301.62308/26/2020 Repair/Maintenance Supplies-Ge IT-Gen & Admn 8,065.00 SECURITY-ACCESS CONTROL REMODE 319871 62044 5044.66608/26/2020 Office Furnishings & Equipment Phase 2-FF&E 4,364.50 CAMERA REPLACEMENT 319872 62029 6724.66708/26/2020 Other Equipment Capital Replacement(Cr 1114) 19,897.47 215070 8/28/2020 115307 ULINE (R) 287.63 GLOVES 319873 123101203 9695.62208/26/2020 Operating Supplies - General Dakota Co Drug Task Force 287.63 215071 8/28/2020 100304 UPS 30.45 POSTAGE 319874 00005613X0330-0 81520 6101.63468/26/2020 Postage Water -Administration 30.45 215072 8/28/2020 100236 VAN PAPER 89.00 ROLL PAPER TOWELS BOTH PLANTS 319875 548053-00 6154.62238/26/2020 Building/Cleaning Supplies South Plant Building 100.12 ROLL PAPER TOWELS BOTH PLANTS 319875 548053-00 6146.62238/26/2020 Building/Cleaning Supplies North Plant Building 483.54 CLEANING SUPPLIES 319876 548320-00 3106.62238/26/2020 Building/Cleaning Supplies Structure Care & Maintenance 672.66 215073 8/28/2020 100912 VERIZON WIRELESS, BELLEVUE 7.97 CELL PHONES 319910 9858027028-0704 20 2401.63558/27/2020 Cellular Telephone Service Gen/Adm-Central Services 908.51 CELL PHONES 319910 9858027028-0704 20 3071.62278/27/2020 Recreation Equipment/Supplies MN State Arts Board 865.35 CELL PHONES 319910 9858027028-0704 20 3072.62208/27/2020 Operating Supplies - General CDBG - Youth 474.76 CELL PHONES 319910 9858027028-0704 20 1221.63558/27/2020 Cellular Telephone Service Administration-Fire 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 18Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215073 8/28/2020 100912 VERIZON WIRELESS, BELLEVUE Continued... 81.57 CELL PHONES 319910 9858027028-0704 20 3301.63558/27/2020 Cellular Telephone Service General Management 26.04 CELL PHONES 319910 9858027028-0704 20 3106.63478/27/2020 Telephone Service & Line Charg Structure Care & Maintenance 129.48 CELL PHONES 319910 9858027028-0704 20 3201.63558/27/2020 Cellular Telephone Service Administrative/General 43.16 CELL PHONES 319910 9858027028-0704 20 3170.63558/27/2020 Cellular Telephone Service General AdmIn-Parks 342.54 CELL PHONES 319910 9858027028-0704 20 3170.63558/27/2020 Cellular Telephone Service General AdmIn-Parks 968.19 CELL PHONES 319910 9858027028-0704 20 3001.63558/27/2020 Cellular Telephone Service General/Admn-Recreation 240.79 CELL PHONES 319910 9858027028-0704 20 2201.63558/27/2020 Cellular Telephone Service Gen/Adm-Streets 430.05 CELL PHONES 319910 9858027028-0704 20 2010.63558/27/2020 Cellular Telephone Service General Engineering 3,828.80 CELL PHONES 319910 9858027028-0704 20 1108.63558/27/2020 Cellular Telephone Service Communications 139.48 CELL PHONES 319910 9858027028-0704 20 0901.63558/27/2020 Cellular Telephone Service Gen & Admin-Communications 371.32 CELL PHONES 319910 9858027028-0704 20 0805.63558/27/2020 Cellular Telephone Service Construction Insp-Field 245.79 CELL PHONES 319910 9858027028-0704 20 0720.63558/27/2020 Cellular Telephone Service General Admin-Planning & Zonin 53.16 CELL PHONES 319910 9858027028-0704 20 0501.63558/27/2020 Cellular Telephone Service General & Admn-Finance 207.64 CELL PHONES 319910 9858027028-0704 20 0301.63558/27/2020 Cellular Telephone Service IT-Gen & Admn 95.49 CELL PHONES 319910 9858027028-0704 20 0201.63558/27/2020 Cellular Telephone Service General & Admn-Admn 43.16 CELL PHONES 319910 9858027028-0704 20 1001.63558/27/2020 Cellular Telephone Service General/Admn-Human Resources 182.64 CELL PHONES 319910 9858027028-0704 20 9701.63558/27/2020 Cellular Telephone Service PEG-eligible 129.48 CELL PHONES 319910 9858027028-0704 20 6228.63558/27/2020 Cellular Telephone Service CMMS - Utilities 742.21 CELL PHONES 319910 9858027028-0704 20 6501.63558/27/2020 Cellular Telephone Service G/A - Water Quality 244.66 CELL PHONES 319910 9858027028-0704 6201.63558/27/2020 Cellular Telephone Service San Sewer-Administration 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 19Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215073 8/28/2020 100912 VERIZON WIRELESS, BELLEVUE Continued... 20 43.16 CELL PHONES 319910 9858027028-0704 20 6136.63558/27/2020 Cellular Telephone Service GIS - Utilities 302.12 CELL PHONES 319910 9858027028-0704 20 6128.63558/27/2020 Cellular Telephone Service CMMS - Utilities 310.98 CELL PHONES 319910 9858027028-0704 20 6101.63558/27/2020 Cellular Telephone Service Water -Administration 129.48 CELL PHONES 319910 9858027028-0704 20 6601.63558/27/2020 Cellular Telephone Service General/Administrative-Arena 43.16 CELL PHONES 319910 9858027028-0704 20 6716.63558/27/2020 Cellular Telephone Service General Administration 129.48 CELL PHONES 319910 9858027028-0704 20 6801.63558/27/2020 Cellular Telephone Service General & Administrative 53.16 CELL PHONES 319910 9858027028-0704 20 9225.63558/27/2020 Cellular Telephone Service Fiber Infrastructure Fund 11,813.78 215074 8/28/2020 156858 VERSALIFT EAST LLC 26.76 WO 2020-797 319877 837236 9001.14158/26/2020 Inventory - Parts General Fund 26.76 215075 8/28/2020 101798 VESSCO INC. 437.42 FL2 TUBING NTP 319878 80872 6147.62608/26/2020 Utility System Parts/Supplies North Plant Production 437.42 215076 8/28/2020 100237 VIKING ELECTRIC 245.89 ROLL OF WIRE NTP 319879 S003851531.001 6147.62608/26/2020 Utility System Parts/Supplies North Plant Production 50.52 DRILL AND TAP SET REPLACEMENT 319880 S003851531.002 6147.62408/26/2020 Small Tools North Plant Production 277.78 BATTERY PACK JEFF T DRILL 319881 S003855007.002 6156.62408/26/2020 Small Tools South Well Field 574.19 215077 8/28/2020 100706 WAL MART 17.15 DAKOTA WOODLANDS 319957 000000-072020 3072.62278/28/2020 Recreation Equipment/Supplies CDBG - Youth 4.96 SUPPLIES 319958 000000-072120 3057.62278/28/2020 Recreation Equipment/Supplies Preschool Programs 2.97 SUPPLIES 319958 000000-072120 3059.62278/28/2020 Recreation Equipment/Supplies Summer in the Park 57.16 SUPPLIES 319959 000000-07212020 3059.62278/28/2020 Recreation Equipment/Supplies Summer in the Park 7.76 SUPPLIES 319959 000000-07212020 3082.62278/28/2020 Recreation Equipment/Supplies Sports/Creative Camps 9.96 SUPPLIES 319960 000000-072220 1104.62268/28/2020 Public Safety Supplies Patrolling/Traffic 17.33 SUPPLIES 319961 000000-072720 3072.62278/28/2020 Recreation Equipment/Supplies CDBG - Youth 7.52 POP 319962 000000-072820 1101.62108/28/2020 Office Supplies General/Admn-Police 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 20Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215077 8/28/2020 100706 WAL MART Continued... 46.58 FANS 319963 000000-080520 1104.62288/28/2020 Ammunition Patrolling/Traffic 12.64 319964 000000-080620 3057.62278/28/2020 Recreation Equipment/Supplies Preschool Programs 41.95 319964 000000-080620 3082.62278/28/2020 Recreation Equipment/Supplies Sports/Creative Camps 2.48 SUPPLIES 319965 000000-081120 3082.62278/28/2020 Recreation Equipment/Supplies Sports/Creative Camps 25.44 SUPPLIES 319965 000000-081120 3059.62278/28/2020 Recreation Equipment/Supplies Summer in the Park 71.33 SUPPLIES 319966 000000-081220 3057.62278/28/2020 Recreation Equipment/Supplies Preschool Programs 14.66 SUPPLIES 319967 000000-08122020 1104.64768/28/2020 Conferences/Meetings/Training Patrolling/Traffic 2.64 WATER 319968 000000-081320 3059.62278/28/2020 Recreation Equipment/Supplies Summer in the Park 3.75 SUPPLIES 319969 000000-08132020 3059.62278/28/2020 Recreation Equipment/Supplies Summer in the Park 346.28 215078 8/28/2020 156857 WARSAW SOLAR LLC 4,430.68 WARSAW SOLAR-JULY 2020 319882 0000006 6824.64058/26/2020 Electricity Utilities 4,430.68 215079 8/28/2020 148669 WATERFRONT RESTORATION LLC 5,113.68 PLANT REMOVAL @ PIERS 319887 6755 6523.65358/26/2020 Other Contractual Services Basin Mgmt-Aquatic Plant Hvst 5,113.65 PLANT REMOVAL @ PIERS 319888 6971 6523.65358/26/2020 Other Contractual Services Basin Mgmt-Aquatic Plant Hvst 5,113.65 PLANT REMOVAL @ PIERS 319889 7141 6523.65358/26/2020 Other Contractual Services Basin Mgmt-Aquatic Plant Hvst 15,340.98 215080 8/28/2020 121046 WNAV INC. 650.00 MONITOR MOUNTS FIRE 319890 20837 3313.65358/26/2020 Other Contractual Services Fire Buildings 650.00 215081 8/28/2020 101755 XCEL ENERGY 185.59 ELECTRIC CABINET-NICOLS RD 319891 51-0010197923-4 -082020 6301.64068/26/2020 Electricity-Street Lights Street Lighting 185.59 215082 8/28/2020 101755 XCEL ENERGY 3,979.54 WELL HOUSE #22 319892 51-0011688001-1 -082020 6148.64098/26/2020 Electricity-Wells/Booster Stat North Well Field 3,979.54 215083 8/28/2020 156886 ZELLE, PETER 1,000.00 CIP ART ON LOAN PROGRAM 319956 1001 2852.67628/27/2020 Special Features/Furnishings General Park Site Improvmts 1,000.00 20200008 8/28/2020 153976 PITNEY BOWES PRESORT SERVICES INC 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 21Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20200008 8/28/2020 153976 PITNEY BOWES PRESORT SERVICES INC Continued... 25,000.00 RESERVE ACCOUNT REPLENISHMENT 320121 082420 9001.14208/28/2020 Inventory - Postage Machine General Fund 25,000.00 20203560 8/28/2020 121803 US BANK - AUTOPAY 142.55 AMAZON-COVID-19 319970 4320 057051 7/9 3312.62238/28/2020 Building/Cleaning Supplies Emergency management 134.55 AMAZON-COVID-19 319971 4320 039673 7/9 3312.62238/28/2020 Building/Cleaning Supplies Emergency management 18.50 AMAZON-COVID-19 319972 4320 050771 7/10 3312.62238/28/2020 Building/Cleaning Supplies Emergency management 2,933.00 SIZTO TECH-PRV REPAIR PARTS 319973 7932 047910 7/24 6152.62608/28/2020 Utility System Parts/Supplies PRS Inspection/Maint/Repair 228.66 SAMS CLUBCLEANING SUPPLIES NTP 319974 7932 039945 7/27 6146.62238/28/2020 Building/Cleaning Supplies North Plant Building 154.37 HOME DEPOT-SMALL TOOLS 319975 7932 049712 7/21 6162.62408/28/2020 Small Tools Meter Reading 145.96 API-DISINFECTANT SPRAY 319976 7932 029908 7/24 6146.62238/28/2020 Building/Cleaning Supplies North Plant Building 71.92 HOME DEPOT-SMALL TOOLS 319977 7932 070206 7/7 6435.62408/28/2020 Small Tools Storm Pond Maintn/Inspection 1,214.60 DISPLAYS2GO-COVID SUPPLIES 319978 6884 013822 7/10 6603.62208/28/2020 Operating Supplies - General Building Repair & Maint. 17.25 LEARNTOSKATE-SKATING MEMBERSHP 319979 0487 056617 7/9 6611.62208/28/2020 Operating Supplies - General Learn To Skate 73.30 AMAZON-SKATING CAMP SUPPLIES 319980 0487 023166 7/29 6615.62208/28/2020 Operating Supplies - General Classes/Camps 34.00 MNCOATTY CRIMCODEBOOK 319981 4884 057429 7/26 1104.62158/28/2020 Reference Materials Patrolling/Traffic 963.96 ROYALCANINE K9 FOOD 319982 4884 097209 7/9 1104.64758/28/2020 Miscellaneous Patrolling/Traffic 8.55 PELICCIACEHRDWAR K9 SUPPLIES 319983 4884 069670 7/8 1104.62208/28/2020 Operating Supplies - General Patrolling/Traffic 60.00-MPPOA TRNG REG REFUND 319984 4884 065140 7/7 1104.64768/28/2020 Conferences/Meetings/Training Patrolling/Traffic 81.33 ACCO-FSC CIP WHITE BOARD 319985 2281 081859 7/29 9352.64758/28/2020 Miscellaneous Fire Station 4 Remodel 132.09 ACCO-FSC CIP WHITE BOARD 319986 2281 027524 7/31 9352.64758/28/2020 Miscellaneous Fire Station 4 Remodel 199.00 MILLER VIRTUAL ICMA CONF 319987 1104 023415 7/21 0201.64768/28/2020 Conferences/Meetings/Training General & Admn-Admn 30.00 AHA SHOPCPR - STAFF TRAINING 319988 7493 095755 7/13 6801.64778/28/2020 Local Meeting Expenses General & Administrative 4.86 WALMART - ECC CAMP SUPPLIES 319989 7493 076777 7/21 6807.64778/28/2020 Local Meeting Expenses Fitness Center 425.00 MNSC-FIRE INSPECTOR 1 CLASS 319990 3993 093663 8/4 1223.64768/28/2020 Conferences/Meetings/Training Training Fire & EMS 19.97 HOMEDEPOT-BROOM FOR E-4 319991 0927 062878 1225.62348/28/2020 Field/Other Equipment Repair Fire / EMS Equipment 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 22Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20203560 8/28/2020 121803 US BANK - AUTOPAY Continued... 7/30 71.63 HOMEDEPOT-MISC EQUIP SUPPLIES 319992 0976 074596 7/24 1225.62348/28/2020 Field/Other Equipment Repair Fire / EMS Equipment 53.91 WALGREENS-MEDICAL SUPPLIES 319993 5314 060428 7/29 1225.62228/28/2020 Medical/Rescue/Safety Supplies Fire / EMS Equipment 91.95 HOMEDEPOT- CLEANING SUPPLIES 319994 0901 007017 8/2 1225.62348/28/2020 Field/Other Equipment Repair Fire / EMS Equipment 45.79 FELD FIRE-ROPE BAG 319995 0943 010932 7/10 1225.62308/28/2020 Repair/Maintenance Supplies-Ge Fire / EMS Equipment 140.98 MCDONALDS-FOOD STR FIRE 319996 0943 014643 7/18 1221.62208/28/2020 Operating Supplies - General Administration-Fire 69.68 SAMSCLUB.COM-PLEDGECLEANER 319997 3993 048452 7/29 1221.62108/28/2020 Office Supplies Administration-Fire 325.99 S AG EQUIP-SPRAY PUMP 319998 2511 054555 7/9 3127.62318/28/2020 Mobile Equipment Repair Parts Equipment Maintenance/Repair 309.00 TINT 319999 2511 098850 7/14 3127.62318/28/2020 Mobile Equipment Repair Parts Equipment Maintenance/Repair 133.91 SA COMPANY-FACE SHIELD 320000 2511 028803 7/13 3170.62228/28/2020 Medical/Rescue/Safety Supplies General AdmIn-Parks 221.59 FORESTRYSUPP-SMALL TOOLS EQUIP 320001 7199 039106 7/22 3201.62408/28/2020 Small Tools Administrative/General 239.18 HOME DEPOT-TOOL FOR WILL 320002 7965 078503 7/17 6154.62408/28/2020 Small Tools South Plant Building 173.24 HD-SAMPLE TAPS WELLS 320003 7965 010802 7/22 6148.62608/28/2020 Utility System Parts/Supplies North Well Field 30.00 HEART SAVERS - CPR 320004 8676 094612 7/10 3001.64778/28/2020 Local Meeting Expenses General/Admn-Recreation 148.64 LITTLE CAESARS SAFETY CAMP 320005 1171 052871 7/10 3029.62278/28/2020 Recreation Equipment/Supplies Safety Camp 645.00 SWANK MIP LICENSE 320006 1171 091121 7/28 3079.63208/28/2020 Instructors Special Events 9.97 HOBBY LOBBY POP UP 320007 1171 006777 7/30 3064.62278/28/2020 Recreation Equipment/Supplies Recreation Outreach 109.33 SAMS CLUB MEETING ROOM PHOTOS 320008 1171 051907 7/22 5044.66608/28/2020 Office Furnishings & Equipment Phase 2-FF&E 1,700.00 MAGIC BOUNCE MIP 320009 1171 051687 7/31 3079.63208/28/2020 Instructors Special Events 450.00 MAGIC BOUNCE MIP 320010 1171 023144 7/31 3079.63208/28/2020 Instructors Special Events 11.56 WALGREENS HOLZ FARM CAMP PHOTO 320011 1171 058597 7/21 3027.62278/28/2020 Recreation Equipment/Supplies Holz Farm 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 23Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20203560 8/28/2020 121803 US BANK - AUTOPAY Continued... 104.44 SMALLWOODS FRAMES 320012 1171 071995 7/24 3001.62108/28/2020 Office Supplies General/Admn-Recreation 448.00 TOPPERS&MORE-209 HARDWARE 320013 7965 037365 7/9 6148.62318/28/2020 Mobile Equipment Repair Parts North Well Field 137.64 NTOOL-SUPP FOR CL2 CONTAINMENT 320014 7965 037851 7/13 6147.62608/28/2020 Utility System Parts/Supplies North Plant Production 64.00 KOWALSKI COUNCIL MEAL 320015 2601 014892 7/10 0201.64778/28/2020 Local Meeting Expenses General & Admn-Admn 4.38 HOLIDAY-ICE FOR SPCC MTG 320016 2601 093042 7/14 0201.64778/28/2020 Local Meeting Expenses General & Admn-Admn 50.00 MS365-CONF TELEPHONE CHARGES 320017 6179 008542 8/5 0301.63478/28/2020 Telephone Service & Line Charg IT-Gen & Admn 59.85-REFUND PAYPAL 320018 6179 7/2 0301.65698/28/2020 Maintenance Contracts IT-Gen & Admn 20.00 FACEBOOK FISHING AD 320019 8178 007748 8/1 0901.63578/28/2020 Advertising/Publication Gen & Admin-Communications 105.00 FB MARKET FEST CSA AD 320019 8178 007748 8/1 3061.63578/28/2020 Advertising/Publication Market Fest 99.00 STORYBLOCKS-GRAPHICS FOR ORG 320020 9854 045409 7/8 0901.62708/28/2020 Computer Software Gen & Admin-Communications 62.61 ACBLOCKKIT-1111R AC PARTS 320021 0258 003318 7/9 9001.14158/28/2020 Inventory - Parts General Fund 239.50 A&B-ALTERNATOR UNIT 110 320022 0258 071905 7/10 9001.14158/28/2020 Inventory - Parts General Fund 504.88 MIDSOTA-LIFT MOTOR 30005 320023 0258 077396 7/20 9001.14158/28/2020 Inventory - Parts General Fund 598.15 GEARHEAD SERVICE-FIX POWERMILL 320024 2882 072799 7/16 6807.62328/28/2020 Small Equipment Repair Parts Fitness Center 400.00 PAYPAL*LIFESAVERS; CPR ECARDS 320025 6961 070501 7/13 6826.62228/28/2020 Medical/Rescue/Safety Supplies School/Training/In service 7.36 WAL-MART; FIRST AID SUPPLIES 320026 6961 058383 7/9 6826.62228/28/2020 Medical/Rescue/Safety Supplies School/Training/In service 92.72 BROWNELL-FIREARMS 320027 4868 056189 7/5 1104.62288/28/2020 Ammunition Patrolling/Traffic 106.49 BROWNELL-RANGE EQUIP 320028 4868 077352 7/19 1104.62288/28/2020 Ammunition Patrolling/Traffic 19.27 SPORTSMAN GUIDE-TARGETS 320029 4868 084502 7/20 1104.62288/28/2020 Ammunition Patrolling/Traffic 221.99 BLUEGUNSTORE-RIFLE GRIPS 320030 4868 099228 7/22 1104.62288/28/2020 Ammunition Patrolling/Traffic 11.48 FEDEX -SHIPPING FOR GUN 320031 4868 040334 7/23 1104.62288/28/2020 Ammunition Patrolling/Traffic 23.42 BROWNELL-ARMORER EQUIP 320032 4868 076719 7/24 1104.62288/28/2020 Ammunition Patrolling/Traffic 96.42 SAFISHING FACE MASKS 320033 6280 063529 7/22 2254.62208/28/2020 Operating Supplies - General Emergency management 26.76 VERSALIFT WO 680 UNIT 330 320034 6280 006920 7/22 9001.14158/28/2020 Inventory - Parts General Fund 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 24Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20203560 8/28/2020 121803 US BANK - AUTOPAY Continued... 15.65 CREATIVE SAFETY WO 680 UNIT330 320035 6280 097953 7/23 9001.14158/28/2020 Inventory - Parts General Fund 33.50 MIDWEST FENCE FENCE REPAIRS 320036 6280 063879 7/28 2273.62558/28/2020 Street Repair Supplies Emerald Ash Borer-Public 125.98 ARMORX-IT EQUIPMENT 320037 3540 079165 8/4 6501.66708/28/2020 Other Equipment G/A - Water Quality 49.75-DELTA CANCEL CRDT ESRI CONF 320038 6280 7/21 2010.64768/28/2020 Conferences/Meetings/Training General Engineering 49.75-DELTA CANCEL CRDT ESRI CONF 320038 6280 7/21 6001.64768/28/2020 Conferences/Meetings/Training Deerwood Antenna Location 49.75-DELTA CANCEL CRDT ESRI CONF 320038 6280 7/21 6501.64768/28/2020 Conferences/Meetings/Training G/A - Water Quality 10.28 WALGREENS-SKATE SCHOOL SUPP 320039 0487 021388 7/16 6611.62208/28/2020 Operating Supplies - General Learn To Skate 7.46 WALMART-CLEANING SUPPLIES 320040 5550 085207 7/16 6716.62238/28/2020 Building/Cleaning Supplies General Administration 96.40 BESTBUY-CAD MONITOR MOUNT 320041 8676 016971 7/29 1221.66708/28/2020 Other Equipment Administration-Fire 14.93 R2-KEYSECURE REPAIR SHIPPING 320042 9201 059162 8/4 1224.62318/28/2020 Mobile Equipment Repair Parts Engineer 5.00 MN FESTIVAL ASSOC-WEBINAR 320043 5412 098435 7/10 3001.64778/28/2020 Local Meeting Expenses General/Admn-Recreation 299.16 BREEZY BADGE-NAME TAGS 320044 5412 083873 7/10 3001.62278/28/2020 Recreation Equipment/Supplies General/Admn-Recreation 37.00 SURVEY MONKEY-320045 5412 097426 7/20 3001.64798/28/2020 Dues and Subscriptions General/Admn-Recreation 175.00 WAM-UMN $175 320046 1024 057820 7/23 3071.64768/28/2020 Conferences/Meetings/Training MN State Arts Board 8.13 MICHAELSSIP ART/CRAFT SUPPLIES 320047 3882 081193 7/14 3059.62278/28/2020 Recreation Equipment/Supplies Summer in the Park 6.00 CUB-PREKCAMPSUPPLIES 320048 3882 026101 7/14 3057.62278/28/2020 Recreation Equipment/Supplies Preschool Programs 382.70 RUSHORDERTEES - CAMP SUPPLIES 320049 7493 060825 7/31 6810.62278/28/2020 Recreation Equipment/Supplies Gymnasium 10.00 HYVEE - CAMP ECC PROGRAM SUPLY 320050 7493 096361 7/14 6810.62278/28/2020 Recreation Equipment/Supplies Gymnasium 60.39 MICHAELS CAMPECC PROGRAM SUPLY 320051 7493 083634 7/15 6810.62278/28/2020 Recreation Equipment/Supplies Gymnasium 28.00 OLDNAVY -CAMPECC PROGRAM SUPLY 320052 7493 068299 7/15 6810.62278/28/2020 Recreation Equipment/Supplies Gymnasium 92.40 HOMEDEPOT CMPECC PROGRAM SUPLY 320053 7493 099518 7/21 6810.62278/28/2020 Recreation Equipment/Supplies Gymnasium 23.97 MICHAELS CAMPECC PROGRAM SUPLY 320054 7493 036700 7/21 6810.62278/28/2020 Recreation Equipment/Supplies Gymnasium 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 25Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20203560 8/28/2020 121803 US BANK - AUTOPAY Continued... 1,700.00 INTERSTATE PLASTICS 320055 4872 090154 7/13 0803.62108/28/2020 Office Supplies Emergency management 22.95 WALGREENS-TBALL PHOTO 320056 7790 013216 7/28 3047.62278/28/2020 Recreation Equipment/Supplies Recreational T-Ball 30.00 AMER HEART CPR 320057 7790 054079 7/23 3001.62228/28/2020 Medical/Rescue/Safety Supplies General/Admn-Recreation 23.00 $TREE-CITY HALL KITCHEN SUPPLI 320058 7790 085357 7/18 5044.66608/28/2020 Office Furnishings & Equipment Phase 2-FF&E 384.00 SURVEY MONKEY $384.00 320059 9493 016381 7/22 3071.64758/28/2020 Miscellaneous MN State Arts Board 13.56 BLICK $13.56 320060 9493 053052 7/28 3081.62278/28/2020 Recreation Equipment/Supplies Arts & Humanities Council 123.61 BLICK $123.61 PENCIL KITS 320061 1281 025548 7/9 3081.68558/28/2020 Merchandise for Resale Arts & Humanities Council 256.19 ULINE-OUTREACH SUPPLIES 320062 1281 097258 7/14 3071.62278/28/2020 Recreation Equipment/Supplies MN State Arts Board 33.48 MICHAELS OUTREACH SUPPLIES 320063 1281 039433 7/15 3071.62278/28/2020 Recreation Equipment/Supplies MN State Arts Board 41.06 WAL MART OUTREACH SUPPLIES 320064 1281 015992 7/16 3071.62278/28/2020 Recreation Equipment/Supplies MN State Arts Board 96.60 MICHAELS -OUTREACH SUPPLIES 320065 1281 030534 7/16 3071.62278/28/2020 Recreation Equipment/Supplies MN State Arts Board 175.00 WAM-UMN $175 - TRAINING 320066 1281 079702 7/23 3071.64758/28/2020 Miscellaneous MN State Arts Board 89.02 MICHAELS-FRAMES FOR CITYHALL 320067 7790 081194 7/17 5044.66608/28/2020 Office Furnishings & Equipment Phase 2-FF&E 30.78 GOODWILLKITCHEN SUPP CITY HALL 320068 7790 084527 7/18 5044.66608/28/2020 Office Furnishings & Equipment Phase 2-FF&E 11.30 $TREE-SCREEN SAVERS AND TRIPOD 320069 7790 088969 7/22 3001.62278/28/2020 Recreation Equipment/Supplies General/Admn-Recreation 327.45 WET PAINT $327.45 320070 9493 097651 7/7 3081.68558/28/2020 Merchandise for Resale Arts & Humanities Council 64.65 BLICK $64.65PROGRAM SUPPLIES 320071 1281 028981 7/10 3081.62278/28/2020 Recreation Equipment/Supplies Arts & Humanities Council 30.00 AMER HEART-CPR CERT.320072 9493 007824 7/27 3001.62228/28/2020 Medical/Rescue/Safety Supplies General/Admn-Recreation 72.99 AMAZON-EVIDENCE ROOM SUPP 320073 5767 038951 7/10 1107.62208/28/2020 Operating Supplies - General Support Services 146.10 AMAZON CST SUPPLIES 320074 5767 078450 7/13 1107.62208/28/2020 Operating Supplies - General Support Services 300.00-EB TRACKER PRODUCTS-REFUND 320075 5767 7/21 1104.64768/28/2020 Conferences/Meetings/Training Patrolling/Traffic 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 26Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20203560 8/28/2020 121803 US BANK - AUTOPAY Continued... 125.90 AMAZON-CST UNIFORM 320076 5767 020346 7/30 1107.62248/28/2020 Clothing/Personal Equipment Support Services 298.00 PAYPAL TRITECH-CST CLLASS 320077 5767 035726 7/30 1104.64768/28/2020 Conferences/Meetings/Training Patrolling/Traffic 31.38 OD-SPLASH PAD SIGNAGE 320078 5550 048596 7/19 3093.62208/28/2020 Operating Supplies - General Swimming Pool / SPLASH PAD 250.00-BCA TRNG REG REFUND 320079 0977 7/2 1104.64768/28/2020 Conferences/Meetings/Training Patrolling/Traffic 250.00-BCA TRNG REG REFUND 320080 0977 7/2-1 1104.64768/28/2020 Conferences/Meetings/Training Patrolling/Traffic 10.93 CUB FOODS-SFST TRNG 320081 0836 091129 7/13 1104.64768/28/2020 Conferences/Meetings/Training Patrolling/Traffic 22.19 CUB FOODS-SFST TRNG 320082 0836 053687 7/13 1104.64768/28/2020 Conferences/Meetings/Training Patrolling/Traffic 21.91 MERWIN LIQ-SFST TRAINING 320083 0836 096921 7/13 1104.64768/28/2020 Conferences/Meetings/Training Patrolling/Traffic 8.56 MERWIN LIQ-SFST TRAINING 320084 0836 056159 7/13 1104.64768/28/2020 Conferences/Meetings/Training Patrolling/Traffic 3,631.00 RESAURANT SUPPLY-ICE MAKER 320085 0836 087002 7/27 1118.62208/28/2020 Operating Supplies - General Emergency management 42.59 PANERA-LT. INTERVIEW LUNCHES 320086 4683 038696 7/29 1101.64798/28/2020 Dues and Subscriptions General/Admn-Police 40.87 MICHAELS-PUPPET BOX SUPPLIES 320087 1979 048599 7/22 3060.62278/28/2020 Recreation Equipment/Supplies Spark! Mobile 26.97 OFFICE DEPOT-GENERAL SUPPLIES 320088 1979 068735 7/22 3081.62278/28/2020 Recreation Equipment/Supplies Arts & Humanities Council 26.97 OFFICE DEPOT-GENERAL SUPPLIES 320088 1979 068735 7/22 3081.62278/28/2020 Recreation Equipment/Supplies Arts & Humanities Council 26.97-OFFICE DEPOT-GENERAL SUPPLIES 320088 1979 068735 7/22 3081.62278/28/2020 Recreation Equipment/Supplies Arts & Humanities Council 1,335.59 AMAZON- N95 MASKS 320089 8997 082353 7/28 1118.62208/28/2020 Operating Supplies - General Emergency management 336.00 HC WAREHOUSE-FLEX CUFFS 320090 8997 036888 7/28 1153.62208/28/2020 Operating Supplies - General Civil Disturbance Management 489.60 ZOLL-AED PADS 320091 8997 079893 7/29 1104.62208/28/2020 Operating Supplies - General Patrolling/Traffic 453.84 DELTA GLOVES- NITRILE GLOVES 320092 8997 058383 7/30 1118.62208/28/2020 Operating Supplies - General Emergency management 398.52 LEVEL UP POT-PROTEST FOOD 320093 8997 087260 8/3 1153.62208/28/2020 Operating Supplies - General Civil Disturbance Management 44.40 AMAZON-BATTERIES 320094 8997 078712 8/4 1104.62268/28/2020 Public Safety Supplies Patrolling/Traffic 195.98 AMAZON-BATTERIES 320095 8997 096317 8/5 1104.62268/28/2020 Public Safety Supplies Patrolling/Traffic 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 27Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20203560 8/28/2020 121803 US BANK - AUTOPAY Continued... 65.97 AMZN CARTRIDGEE 320096 2881 046277 7/10 9695.62108/28/2020 Office Supplies Dakota Co Drug Task Force 8.15 USPS WI HIDTA/HENN CNT ATTORNE 320097 5959 029414 7/14 9695.63468/28/2020 Postage Dakota Co Drug Task Force 7.60 USPS RAMSEY ONAMIA PD 320098 5959 079734 8/5 9695.63468/28/2020 Postage Dakota Co Drug Task Force 123.15 CHUCK&DONS DOG FOOD 320099 4670 033948 7/22 9695.62268/28/2020 Public Safety Supplies Dakota Co Drug Task Force 60.00-MPPOA-REFUND OF TRAINING REGIS 320100 4959 074689 7/7 1104.64768/28/2020 Conferences/Meetings/Training Patrolling/Traffic 84.98 COSTCO-ICE CREAM BINGO 320101 0751 059089 7/21 3078.62278/28/2020 Recreation Equipment/Supplies Senior Citizens 79.99 COSTCO ICE CREAM BINGO 320102 0751 082467 8/5 3078.62278/28/2020 Recreation Equipment/Supplies Senior Citizens 25.00 GPS TRACKER 320103 5528 006451 7/26 1105.64578/28/2020 Machinery & Equipment-Rental Investigation/Crime Prevention 41.13 LONEOAK-WRKING LUNCH MTG X2 320104 5528 032484 7/23 1101.64778/28/2020 Local Meeting Expenses General/Admn-Police 214.14 HD-TABLES ELECTIONS ROOM 320105 2760 040553 7/14 0401.62258/28/2020 Election Supplies General & Admn-City Clerk 64.24 BESTBUY-RPLC POLL PAD CHARGERS 320106 2760 017295 7/21 0401.62258/28/2020 Election Supplies General & Admn-City Clerk 119.00 TAX EXEMPT PLATES 320107 2760 074873 7/22 3124.64808/28/2020 Licenses, Permits and Taxes Court Maintenance/Set-up 162.00 MN DVS-TITLE 6 SQUADS 320107 2760 074873 7/22 1104.64808/28/2020 Licenses, Permits and Taxes Patrolling/Traffic 454.83 SALES TAX UNIT 30071 320107 2760 074873 7/22 3531.66808/28/2020 Mobile Equipment Equip Rev Fd-Dept 31 9.15 DMV - CC FEE FOR PLATES 320108 2760 070557 7/22 3124.64808/28/2020 Licenses, Permits and Taxes Court Maintenance/Set-up 9.17 DMV - CC FEE FOR TITTLE 320108 2760 070557 7/22 1104.64808/28/2020 Licenses, Permits and Taxes Patrolling/Traffic 2.30 COMCAST FOR LOBBY TV 320109 1527 056214 8/3 9701.64758/28/2020 Miscellaneous PEG-eligible 29.00 ENVATO-VIDEO TEMPLATES SUBSCRI 320110 1527 085061 8/5 9701.63108/28/2020 Professional Services-General PEG-eligible 11.99 DROPBOX FOR VIDEO TRANSFER 320111 5882 056240 7/6 9701.63108/28/2020 Professional Services-General PEG-eligible 83.78 B&H - IRIG PRE HD-AUDIO ADAPT 320112 5882 060904 7/6 9701.62208/28/2020 Operating Supplies - General PEG-eligible 16.06 ZOOM FOR REMOTE PRODUCTIONS 320113 5882 000582 7/23 9701.63108/28/2020 Professional Services-General PEG-eligible 10.65 SUPPLY HOUSE SKY VENTING 320114 5486 080170 7/9 3106.62338/28/2020 Building Repair Supplies Structure Care & Maintenance 46.94 SUPPLY HOUSE SKY VENTING 320115 5486 083389 7/17 3106.62338/28/2020 Building Repair Supplies Structure Care & Maintenance 764.55 MARLOW HONOR GUARD UNIFORMEQUI 320116 4926 052191 1104.62248/28/2020 Clothing/Personal Equipment Patrolling/Traffic 8/27/2020City of Eagan 15:59:13R55CKR2LOGIS102V 28Page -Council Check Register by GL Check Register w GL Date & Summary 8/28/20208/24/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20203560 8/28/2020 121803 US BANK - AUTOPAY Continued... 7/24 49.00 PREMIUMBEAT-SOTC MUSIC LICENSE 320117 1527 099942 7/8 9701.63108/28/2020 Professional Services-General PEG-eligible 285.00 EMMY AWARD ENTRY 320118 5882 017013 7/24 9701.64758/28/2020 Miscellaneous PEG-eligible 294.00 BIGFROG-ECC CAMP-STAFF APPAREL 320119 9638 061079 7/6 6810.62278/28/2020 Recreation Equipment/Supplies Gymnasium 21.90 WALMART-SPLASH PAD SUPPLIES 320120 5550 034006 8/1 3093.62208/28/2020 Operating Supplies - General Swimming Pool / SPLASH PAD 30,030.77 20205634 8/28/2020 147907 SELECT ACCOUNT 2,338.10 FLEX REIMBURSEMENT 320122 082720 9592.22158/28/2020 Flex Plan Withholding Payable Benefit Accrual 2,338.10 20205708 8/28/2020 147907 SELECT ACCOUNT 1,125.00 MONTHLY FEES 320123 082420 1001.65368/28/2020 Flex Plan Administration Fee General/Admn-Human Resources 1,125.00 20208534 8/28/2020 151185 HEALTHPARTNERS INC 3,291.90 DENTAL CLAIMS REIMBURSEMENT 320124 082420 9594.61588/28/2020 Dental Insurance Dental Self-insurance 3,291.90 20209007 8/28/2020 147691 HR SIMPLIFIED INC. 230.00 COBRA/RETIREE JULY 2020 320125 66406 1001.65358/28/2020 Other Contractual Services General/Admn-Human Resources 230.00 1,032,293.85 Grand Total Payment Instrument Totals Checks 1,002,263.08 EFT Payments 30,030.77 Total Payments 1,032,293.85 8/27/2020City of Eagan 15:59:30R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 8/28/20208/24/2020 - Company Amount 172,660.0409001GENERAL FUND 91.3609116CEDAR GROVE PARKING GARAGE 659.7709197ETV 555,515.9209220PUBLIC UTILITIES 12,171.0209221CIVIC ARENA 4,654.7509222CASCADE BAY 8,118.7309223CENTRAL PARK /COMMUNITY CENTER 53.1609225FIBER INFRASTRUCTURE FUND 53,985.8909328PARK SYS DEV AND R&R 5,999.4209335EQUIPMENT REVOLVING 213.4209352Fire Station 4 Remodel 13,980.6009353POLICE & CITY HALL REMODEL 192,828.0009372REVOLVING SAF-CONSTRUCTION 880.0009375MAJOR STREET 2,338.1009592BENEFIT ACCRUAL 3,291.9009594Dental Self-insurance 4,851.7709695DAK CO DRUG TASK FORCE Report Totals 1,032,293.85 9/3/2020City of Eagan 16:22:57R55CKR2 LOGIS102V 1Page -Council Check Register by GL Check Register w GL Date & Summary 9/4/20208/31/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215084 9/4/2020 142400 AGASSIZ SEED & SUPPLY 130.00 GRASS SEED 320126 SINV026748 6130.62509/3/2020 Landscape Material & Supplies Curb Stop Inspctn/Maint/Repair 216.00 EROSION CONTROL 320127 SINV026970 3104.62539/3/2020 Turf Maintenance & Landscape S Site Amenity Installation 346.00 215085 9/4/2020 150476 ALLSTREAM 205.02 TELEPHONE 320352 17023185 0501.63479/3/2020 Telephone Service & Line Charg General & Admn-Finance 241.63 TELEPHONE 320352 17023185 1108.63479/3/2020 Telephone Service & Line Charg Communications 95.19 TELEPHONE 320352 17023185 2460.63479/3/2020 Telephone Service & Line Charg Building And Grounds 58.58 TELEPHONE 320352 17023185 1221.63479/3/2020 Telephone Service & Line Charg Administration-Fire 47.42 TELEPHONE 320352 17023185 3106.63479/3/2020 Telephone Service & Line Charg Structure Care & Maintenance 47.42 TELEPHONE 320352 17023185 0301.63529/3/2020 Telephone Circuits IT-Gen & Admn 47.42 TELEPHONE 320352 17023185 0301.63529/3/2020 Telephone Circuits IT-Gen & Admn 47.42 TELEPHONE 320352 17023185 0301.63529/3/2020 Telephone Circuits IT-Gen & Admn 47.41 TELEPHONE 320352 17023185 0301.63529/3/2020 Telephone Circuits IT-Gen & Admn 47.42 TELEPHONE 320352 17023185 0301.63529/3/2020 Telephone Circuits IT-Gen & Admn 47.42 TELEPHONE 320352 17023185 3106.63479/3/2020 Telephone Service & Line Charg Structure Care & Maintenance 47.42 TELEPHONE 320352 17023185 3106.63479/3/2020 Telephone Service & Line Charg Structure Care & Maintenance 47.42 TELEPHONE 320352 17023185 3106.63479/3/2020 Telephone Service & Line Charg Structure Care & Maintenance 47.42 TELEPHONE 320352 17023185 3106.63479/3/2020 Telephone Service & Line Charg Structure Care & Maintenance 47.42 TELEPHONE 320352 17023185 3106.63479/3/2020 Telephone Service & Line Charg Structure Care & Maintenance 45.24 TELEPHONE 320352 17023185 3106.63479/3/2020 Telephone Service & Line Charg Structure Care & Maintenance 47.42 TELEPHONE 320352 17023185 3106.63479/3/2020 Telephone Service & Line Charg Structure Care & Maintenance 47.42 TELEPHONE 320352 17023185 3106.63479/3/2020 Telephone Service & Line Charg Structure Care & Maintenance 47.42 TELEPHONE 320352 17023185 3304.63479/3/2020 Telephone Service & Line Charg Bldg/Facilities Maintenance 47.42 TELEPHONE 320352 17023185 0301.63529/3/2020 Telephone Circuits IT-Gen & Admn 47.43 TELEPHONE 320352 17023185 0301.63529/3/2020 Telephone Circuits IT-Gen & Admn 47.42 TELEPHONE 320352 17023185 0301.63529/3/2020 Telephone Circuits IT-Gen & Admn 14.18 TELEPHONE 320352 17023185 0501.63479/3/2020 Telephone Service & Line Charg General & Admn-Finance 16.72 TELEPHONE 320352 17023185 1108.63479/3/2020 Telephone Service & Line Charg Communications 6.59 TELEPHONE 320352 17023185 2460.63479/3/2020 Telephone Service & Line Charg Building And Grounds 4.05 TELEPHONE 320352 17023185 1221.63479/3/2020 Telephone Service & Line Charg Administration-Fire 57.15 TELEPHONE 320352 17023185 9116.63529/3/2020 Telephone Circuits Cedar Grove Parking Garage 57.15 TELEPHONE 320352 17023185 9116.63529/3/2020 Telephone Circuits Cedar Grove Parking Garage 57.15 TELEPHONE 320352 17023185 9116.63529/3/2020 Telephone Circuits Cedar Grove Parking Garage 57.15 TELEPHONE 320352 17023185 9116.63529/3/2020 Telephone Circuits Cedar Grove Parking Garage 57.15 TELEPHONE 320352 17023185 9116.63529/3/2020 Telephone Circuits Cedar Grove Parking Garage 57.15 TELEPHONE 320352 17023185 9116.63529/3/2020 Telephone Circuits Cedar Grove Parking Garage 21.97 TELEPHONE 320352 17023185 6101.63479/3/2020 Telephone Service & Line Charg Water -Administration 47.41 TELEPHONE 320352 17023185 6146.63479/3/2020 Telephone Service & Line Charg North Plant Building 9/10/2020 9/3/2020City of Eagan 16:22:57R55CKR2LOGIS102V 2Page -Council Check Register by GL Check Register w GL Date & Summary 9/4/20208/31/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215085 9/4/2020 150476 ALLSTREAM Continued... 47.41 TELEPHONE 320352 17023185 6146.63479/3/2020 Telephone Service & Line Charg North Plant Building 47.42 TELEPHONE 320352 17023185 6146.63479/3/2020 Telephone Service & Line Charg North Plant Building 47.42 TELEPHONE 320352 17023185 6146.63479/3/2020 Telephone Service & Line Charg North Plant Building 47.42 TELEPHONE 320352 17023185 6146.63479/3/2020 Telephone Service & Line Charg North Plant Building 47.42 TELEPHONE 320352 17023185 6154.63479/3/2020 Telephone Service & Line Charg South Plant Building 47.42 TELEPHONE 320352 17023185 6154.63479/3/2020 Telephone Service & Line Charg South Plant Building 47.41 TELEPHONE 320352 17023185 6154.63479/3/2020 Telephone Service & Line Charg South Plant Building 1.52 TELEPHONE 320352 17023185 6101.63479/3/2020 Telephone Service & Line Charg Water -Administration 29.29 TELEPHONE 320352 17023185 6601.63479/3/2020 Telephone Service & Line Charg General/Administrative-Arena 2.03 TELEPHONE 320352 17023185 6601.63479/3/2020 Telephone Service & Line Charg General/Administrative-Arena 29.29 TELEPHONE 320352 17023185 6716.63479/3/2020 Telephone Service & Line Charg General Administration 2.03 TELEPHONE 320352 17023185 6716.63479/3/2020 Telephone Service & Line Charg General Administration 51.25 TELEPHONE 320352 17023185 6801.63479/3/2020 Telephone Service & Line Charg General & Administrative 3.54 TELEPHONE 320352 17023185 6801.63479/3/2020 Telephone Service & Line Charg General & Administrative 2,356.49 215086 9/4/2020 100385 AMER ENGINEERING TESTING INC 1,683.25 SOIL CONCRETE BITUMINOUS TEST 320128 914015 9001.2245 J03569/3/2020 Escrow - Private Development F General Fund 1,683.25 215087 9/4/2020 154676 AMERICAN SECURITY LLC 200.00 AMERICAN SECURITY SERVICES 320129 562190 6801.65359/3/2020 Other Contractual Services General & Administrative 200.00 215088 9/4/2020 142987 APPLE CHEVROLET BUICK NORTHFIELD 27.25 370 320130 71577 9001.14159/3/2020 Inventory - Parts General Fund 27.25 215089 9/4/2020 100360 APPLE FORD LINCOLN APPLE VALLEY 723.06 STEVE 320131 499078-1 9001.14159/3/2020 Inventory - Parts General Fund 45.61 #231 320132 499890 9001.14159/3/2020 Inventory - Parts General Fund 5.52 INVENTORY 320133 499703 9001.14159/3/2020 Inventory - Parts General Fund 613.35 SHOP INVENTORY 320134 499076-1 9001.14159/3/2020 Inventory - Parts General Fund 2,500.76 SHOP INVENTORY 320135 499076 9001.14159/3/2020 Inventory - Parts General Fund 11.12 1119R 320136 499824 9001.14159/3/2020 Inventory - Parts General Fund 928.95 SHOP INVENTORY 320137 499078 9001.14159/3/2020 Inventory - Parts General Fund 5.52 1103 320138 499389 9001.14159/3/2020 Inventory - Parts General Fund 43.31-SHOP CREDIT 320139 CM494269 9001.14159/3/2020 Inventory - Parts General Fund 275.90 WO 840 320140 500329 9001.14159/3/2020 Inventory - Parts General Fund 332.30 WO 837 320141 500306 9001.14159/3/2020 Inventory - Parts General Fund 9/3/2020City of Eagan 16:22:57R55CKR2LOGIS102V 3Page -Council Check Register by GL Check Register w GL Date & Summary 9/4/20208/31/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215089 9/4/2020 100360 APPLE FORD LINCOLN APPLE VALLEY Continued... 5,398.78 215090 9/4/2020 144673 ARCADE ELECTRIC 2,445.00 CASCADE BAY LIGHT FIXTURE POLE 320142 11603 6542.6718 P13449/3/2020 Project - Other Charges Capital Proj-WQ dedictn-cr1127 2,445.00 215091 9/4/2020 140466 ASPENWALL TREE SERVICE INC. 2,000.00 CONTRACTUAL TREE REMOVAL 320143 18-0854 3220.65459/3/2020 Tree Removal Tree Removal 2,100.00 CONTRACTUAL TREE REMOVAL 320144 18-0859 3221.65459/3/2020 Tree Removal Emergency management 4,100.00 215092 9/4/2020 146829 AT&T MOBILITY 39.23 8/18/20-9/17/20 320350 287262588400X08 252020 2010.63559/3/2020 Cellular Telephone Service General Engineering 127.35 8/18/20-9/17/20 320350 287262588400X08 252020 9701.63559/3/2020 Cellular Telephone Service PEG-eligible 166.58 215093 9/4/2020 150918 B & F FASTENER SUPPLY CO. 146.65 PRV REPAIR PARTS 320145 10285606-00 6152.62609/3/2020 Utility System Parts/Supplies PRS Inspection/Maint/Repair 146.65 215094 9/4/2020 100487 BARR ENGINEERING CO 2,939.08 ENGINEERING SERVICES 320146 23191361.00-33 6542.6712 P12689/3/2020 Project - Engineering Capital Proj-WQ dedictn-cr1127 2,939.08 215095 9/4/2020 142024 BASER & PL UMPIRES 3,192.00 MEN'S SOFTBALL UMPIRE 320348 083120 3048.63279/3/2020 Sporting Event Officials Adult Softball-Men 240.00 CO-ED SOFTBALL UMPIRE 320348 083120 3050.63279/3/2020 Sporting Event Officials Adult Softball-Co-Rec 3,432.00 215096 9/4/2020 100016 BAUER BUILT 259.54 VEH 316 320147 518005169 9001.14159/3/2020 Inventory - Parts General Fund 259.54 215097 9/4/2020 148777 BLACK & VEATCH CORPORATION 10,650.00 STORM MODELING 320148 1327490 6406.63109/3/2020 Professional Services-General Preparation/ Research/ Writing 6,989.00 PLANT IMPROVEMENTS 320149 1327228 6154.6712 P13789/3/2020 Project - Engineering South Plant Building 17,639.00 9/3/2020City of Eagan 16:22:57R55CKR2LOGIS102V 4Page -Council Check Register by GL Check Register w GL Date & Summary 9/4/20208/31/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215098 9/4/2020 131767 BOLTON & MENK INC.Continued... 7,162.50 CANTER GLEN LS REHAB 320150 0255493 6439.6630 P13949/3/2020 Other Improvements Lift Station Maintenanc/Repair 140.00 MURPHY SAN LS REHAB 320151 0255494 6239.6630 P13459/3/2020 Other Improvements Lift Station Maintenanc/Repair 7,302.50 215099 9/4/2020 156875 BUTLER, TERI DAWN 46.00 EAB COST SHARE 320152 20 EAB-INSECTICIDE INJECT 3209.68609/3/2020 Contributions/Cost Sharing Pay Plant Inspections-Private Prop 46.00 215100 9/4/2020 142837 CENTURYLINK (R) 1,089.06 SEP 2020 TELEPHONE 320153 141743473 9695.63479/3/2020 Telephone Service & Line Charg Dakota Co Drug Task Force 1,089.06 215101 9/4/2020 148798 CHANG, CHONG SUE 15.00 MARKET 8/26/20 CURBSIDE CSA 320154 082620 3061.46919/3/2020 Other Revenue Market Fest 15.00 215102 9/4/2020 156892 CHESS INC 3,600.00 RIGHT TO KNOW TRAINING 320155 1316054 1001.64759/3/2020 Miscellaneous General/Admn-Human Resources 3,600.00 215103 9/4/2020 151299 CINTAS 65.38 RUGS 320156 4059985941 6146.65359/3/2020 Other Contractual Services North Plant Building 65.38 215104 9/4/2020 154192 CLEANCHOICE ENERGY 1,226.63 7/1/20-7/31/20 320349 100085972 9116.64059/3/2020 Electricity Cedar Grove Parking Garage 1,226.63 215105 9/4/2020 150880 CORE & MAIN LP 55.04 PRV REPAIR PARTS 320157 M836808 6152.62609/3/2020 Utility System Parts/Supplies PRS Inspection/Maint/Repair 55.04 215106 9/4/2020 152916 CORNERSTONE PARKING GROUP 112.16 CINTAS MATS MOPS TOWELS 861786 320158 100104 9116.65359/3/2020 Other Contractual Services Cedar Grove Parking Garage 112.16 CINTAS MATS MOPS TOWELS 181116 320158 100104 9116.65359/3/2020 Other Contractual Services Cedar Grove Parking Garage 112.16 CINTAS MATS MOPS TOWELS 511171 320158 100104 9116.65359/3/2020 Other Contractual Services Cedar Grove Parking Garage 121.81 MENARDS MILLER AMEX GEAR 320158 100104 9116.65359/3/2020 Other Contractual Services Cedar Grove Parking Garage 2,790.61 REFLEC WINDOWS WASHING #5974 320158 100104 9116.65359/3/2020 Other Contractual Services Cedar Grove Parking Garage 9/3/2020City of Eagan 16:22:57R55CKR2LOGIS102V 5Page -Council Check Register by GL Check Register w GL Date & Summary 9/4/20208/31/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215106 9/4/2020 152916 CORNERSTONE PARKING GROUP Continued... 16,947.43 PARKING MANAGEMENT JUL 2020 320158 100104 9116.65699/3/2020 Maintenance Contracts Cedar Grove Parking Garage 20,196.33 215107 9/4/2020 144440 COVERTTRACK GROUP INC. 758.00 DDBA97 JAN-OCT 2021 320159 40163 9695.14319/3/2020 Prepaid Expenses - Current Dakota Co Drug Task Force 152.00 DDBA97 NOV-DEC 2020 320159 40163 9695.64799/3/2020 Dues and Subscriptions Dakota Co Drug Task Force 910.00 215108 9/4/2020 156894 CRYSTAL LAKE UPHOLSTERY LLC 615.00 BRIAN ORDER 320160 1726 9001.14159/3/2020 Inventory - Parts General Fund 615.00 215109 9/4/2020 101780 DAK CTY FIRE CHIEFS ASSOC. 100.00 DAK CHIEFS 320228 2020 1221.64779/3/2020 Local Meeting Expenses Administration-Fire 100.00 DAK CHIEFS 320228 2020 1221.64779/3/2020 Local Meeting Expenses Administration-Fire 100.00-DAK CHIEFS 320228 2020 1221.64779/3/2020 Local Meeting Expenses Administration-Fire 100.00 215110 9/4/2020 110460 DAKOTA COUNTY 7.00 CHEMICAL DISPOSAL 320161 4358-082720 6524.62449/3/2020 Chemicals & Chemical Products Emergency management 7.00 215111 9/4/2020 148127 DAKOTA COUNTY FINANCIAL SERVICES (R) 439.14 FEB 2020 LABOR 320162 0037978 9695.64259/3/2020 Mobile Equipment Repair Labor Dakota Co Drug Task Force 59.63 FEB 2020 FUEL 320162 0037978 9695.62359/3/2020 Fuel, Lubricants, Additives Dakota Co Drug Task Force 57.48 FEB 2020 PARTS 320162 0037978 9695.62319/3/2020 Mobile Equipment Repair Parts Dakota Co Drug Task Force 556.25 215112 9/4/2020 100050 DAKOTA ELECTRIC 218.25 CARNELIAN LN HOCKEY RINK 320163 128582-4-JUL20 3106.64059/3/2020 Electricity Structure Care & Maintenance 14.82 RIDGE CLIFF PARK 320164 170637-3-JUL20 3106.64059/3/2020 Electricity Structure Care & Maintenance 14.82 PILOT KNOB PARK 320165 177545-1-JUL20 3106.64059/3/2020 Electricity Structure Care & Maintenance 49.77 BERRY RIDGE STORM 320166 189767-7-JUL20 6439.64089/3/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 14.82 PINECREST CT AERATOR 320167 198290-9-JUL20 6520.64059/3/2020 Electricity Basin Mgmt-Aeration 18.86 PILOT KNOB WELL SITE RINK 320168 200813-4-JUL20 3106.64059/3/2020 Electricity Structure Care & Maintenance 661.57 HIGHLINE TRAIL STORM 320169 201116-1-JUL20 6439.64089/3/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 2,962.17 WELL #19 320170 203725-7-JUL20 6154.64099/3/2020 Electricity-Wells/Booster Stat South Plant Building 14.82 HEINE CT AERATOR 320171 203785-1-JUL20 6520.64059/3/2020 Electricity Basin Mgmt-Aeration 45.74 31/WESCOTT SIGNALS 320172 214661-1-JUL20 6301.64079/3/2020 Electricity-Signal Lights Street Lighting 114.86 1275 TOWERVIEW RD 320173 321533-2-JUL20 3106.64059/3/2020 Electricity Structure Care & Maintenance 9/3/2020City of Eagan 16:22:57R55CKR2LOGIS102V 6Page -Council Check Register by GL Check Register w GL Date & Summary 9/4/20208/31/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215112 9/4/2020 100050 DAKOTA ELECTRIC Continued... 46.41 CEDAR GROVE SIGNALS 320174 333642-7-JUL20 6301.64079/3/2020 Electricity-Signal Lights Street Lighting 183.51 CEDAR GROVE BLVD STREET LITES 320175 346992-1-JUL20 6301.64069/3/2020 Electricity-Street Lights Street Lighting 14.82 DENMARK AVE #SLSIGN 320176 405764-2-JUL20 6301.64079/3/2020 Electricity-Signal Lights Street Lighting 22.62 CHLOE LANE LIFT STATION 320177 472429-0-JUL20 6239.64059/3/2020 Electricity Lift Station Maintenanc/Repair 2,191.74 FIRE STATION 1 320178 572299-6-JUL20 3313.64059/3/2020 Electricity Fire Buildings 5.15 CIVIL DEFENSE SIREN 320179 578913-6-JUL20 1106.64059/3/2020 Electricity Emergency preparedness 6,594.75 215113 9/4/2020 100405 DAKOTA ELECTRIC ASSOC 9,238.64 DESTALLPLAY SITE ELECTRICAL 320180 241162-7-082120 2811.67549/3/2020 Utilities Woodhaven Park 9,238.64 215114 9/4/2020 156348 DAKOTA TREE 350.00 STUMP GRINDING 320181 1926 3220.63109/3/2020 Professional Services-General Tree Removal 350.00 215115 9/4/2020 145007 DA'S FRESH CUT FLOWERS 2.00 8/26/20 MARKET-MARKETBUCKS 320182 08262 3061.6220 PR0049/3/2020 Operating Supplies - General Market Fest 8.00 8/26/20 MARKET-SNAP/EBT 320182 08262 3061.6220 PR0039/3/2020 Operating Supplies - General Market Fest 10.00 215116 9/4/2020 108624 EBERT CONSTRUCTION 734,224.11 CONT 18-06 PMT 28 (PART RETAIN 320184 082520 5043.67109/3/2020 Project - Contract Phase 2-City Hall 734,224.11 215117 9/4/2020 147388 EHS SOCCER BOOSTER 100.00 ETV AD - FALL SPORTS COVERAGE 320185 082420 9701.63579/3/2020 Advertising/Publication PEG-eligible 100.00 215118 9/4/2020 101006 EMERGENCY AUTO TECHNOLOGIES 292.49 PER WORKORDER 320186 DL06092022C 3511.66809/3/2020 Mobile Equipment Equip Rev Fd-Dept 11 167.72 WO 204 320187 DL082620-20 6102.66809/3/2020 Mobile Equipment Investigation 460.21 215119 9/4/2020 146802 EMERGENCY RESPONSE SOLUTIONS 3,907.89 SCBA FLOW TEST-ANNUAL 320188 15787 1225.63239/3/2020 Testing Services Fire / EMS Equipment 3,907.89 215120 9/4/2020 116239 EUREKA CONSTRUCTION 18,420.00 WATER DISCONNECTS 320189 19-007-01 6160.6630 P12519/3/2020 Other Improvements Main Maintenance/Repair 9/3/2020City of Eagan 16:22:57R55CKR2LOGIS102V 7Page -Council Check Register by GL Check Register w GL Date & Summary 9/4/20208/31/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215120 9/4/2020 116239 EUREKA CONSTRUCTION Continued... 18,420.00 215121 9/4/2020 122976 FIRE SAFETY USA INC. 110.00 COMPRESSOR-STA. 4 320190 137856 1224.62319/3/2020 Mobile Equipment Repair Parts Engineer 410.00 E-4 DOCKING STATION MOUNTING 320191 138010 1224.64259/3/2020 Mobile Equipment Repair Labor Engineer 675.00 FIRE HOSE 320192 137684 1225.62409/3/2020 Small Tools Fire / EMS Equipment 847.50 STA 4 COMPRESSOR ANNUAL SERV 320193 138095 1225.63239/3/2020 Testing Services Fire / EMS Equipment 2,042.50 215122 9/4/2020 144138 FISCHER MINING LLC 256.04 FILL MATERIAL 320194 158698 6160.62559/3/2020 Street Repair Supplies Main Maintenance/Repair 256.04 215123 9/4/2020 143971 FLEETPRIDE 4.18 1213 REPAIR 320195 57807472 9001.14159/3/2020 Inventory - Parts General Fund 108.10 VEH 126 320196 58182059 9001.14159/3/2020 Inventory - Parts General Fund 27.22-SHOP RETURN 320197 58196101 9001.14159/3/2020 Inventory - Parts General Fund 85.06 215124 9/4/2020 100465 GERTEN GREENHOUSES 180.00 PLANT MATERIAL - BRIDAL RIGDE 320198 75572 /6 3214.66309/3/2020 Other Improvements Landscape Planting-Park Sites 83.93 N. CITY HALL HARDSCAPE 320199 13147 /7 3215.62509/3/2020 Landscape Material & Supplies Landscape Planting-Non-park 83.93 N. CITY HALL HARDSCAPE 320200 13168 /7 3215.62509/3/2020 Landscape Material & Supplies Landscape Planting-Non-park 33.95 OPERATING SUPPLIES 320201 75587 /6 3215.62209/3/2020 Operating Supplies - General Landscape Planting-Non-park 325.50 N. CITY HALL HARDSCAPE 320202 75585 /6 3215.62509/3/2020 Landscape Material & Supplies Landscape Planting-Non-park 55.95 N. CITY HALL HARDSCAPE 320203 13172 /7 3215.62509/3/2020 Landscape Material & Supplies Landscape Planting-Non-park 25.95 N. CITY HALL HARDSCAPE 320204 13173 /7 3215.62509/3/2020 Landscape Material & Supplies Landscape Planting-Non-park 27.98 N. CITY HALL HARDSCAPE 320205 13171 /7 3215.62509/3/2020 Landscape Material & Supplies Landscape Planting-Non-park 83.93 N. CITY HALL HARDSCAPE 320206 13165 /7 3215.62509/3/2020 Landscape Material & Supplies Landscape Planting-Non-park 111.90 N. CITY HALL HARDSCAPE 320207 13144 /7 3215.62509/3/2020 Landscape Material & Supplies Landscape Planting-Non-park 83.93 N. CITY HALL HARDSCAPE 320208 13166 /7 3215.62509/3/2020 Landscape Material & Supplies Landscape Planting-Non-park 25.95 N. CITY HALL HARDSCAPE 320209 13141 /7 3215.62509/3/2020 Landscape Material & Supplies Landscape Planting-Non-park 51.90 N. CITY HALL HARDSCAPE 320210 13175 /7 3215.62509/3/2020 Landscape Material & Supplies Landscape Planting-Non-park 51.90 N. CITY HALL HARDSCAPE 320211 13177 /7 3215.62509/3/2020 Landscape Material & Supplies Landscape Planting-Non-park 83.93 N. CITY HALL HARDSCAPE 320212 13169 /7 3215.62509/3/2020 Landscape Material & Supplies Landscape Planting-Non-park 153.90 CIVICCTRPARK CIP 320213 75739 /6 2852.67599/3/2020 General Landscaping/Furnishing General Park Site Improvmts 74.90 CIVICCTRPARK CIP 320214 13051 /7 2852.67599/3/2020 General Landscaping/Furnishing General Park Site Improvmts 74.90 CIVICCTRPARK CIP 320215 13056 /7 2852.67599/3/2020 General Landscaping/Furnishing General Park Site Improvmts 55.95 N. CITY HALL HARDSCAPE 320216 13264 /7 3215.62509/3/2020 Landscape Material & Supplies Landscape Planting-Non-park 153.90 CIVICCTRPARK CIP 320217 75773 /6 2852.67599/3/2020 General Landscaping/Furnishing General Park Site Improvmts 9/3/2020City of Eagan 16:22:57R55CKR2LOGIS102V 8Page -Council Check Register by GL Check Register w GL Date & Summary 9/4/20208/31/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215124 9/4/2020 100465 GERTEN GREENHOUSES Continued... 55.95 CIVICCTRPARK CIP 320218 13313 /7 2852.67599/3/2020 General Landscaping/Furnishing General Park Site Improvmts 55.95 CIVICCTRPARK CIP 320219 13311 /7 2852.67599/3/2020 General Landscaping/Furnishing General Park Site Improvmts 37.45 CIVICCTRPARK CIP 320220 13315 /7 2852.67599/3/2020 General Landscaping/Furnishing General Park Site Improvmts 56.18 CIVICCTRPARK CIP 320221 13054 /7 2852.67599/3/2020 General Landscaping/Furnishing General Park Site Improvmts 55.95 CIVICCTRPARK CIP 320222 13309 /7 2852.67599/3/2020 General Landscaping/Furnishing General Park Site Improvmts 55.95 CIVICCTRPARK CIP 320223 13306 /7 2852.67599/3/2020 General Landscaping/Furnishing General Park Site Improvmts 18.73 CIVICCTRPARK CIP 320224 13266 /7 2852.67599/3/2020 General Landscaping/Furnishing General Park Site Improvmts 56.18 CIVICCTRPARK CIP 320225 13049 /7 2852.67599/3/2020 General Landscaping/Furnishing General Park Site Improvmts 2,216.52 215125 9/4/2020 154009 GITTLEMAN CONSTRUCTION & MAINT CORP 5,304.50 PRV REBUILDS LABOR 320226 INV-69364 6152.64329/3/2020 Utility System Repair-Labor PRS Inspection/Maint/Repair 5,304.50 215126 9/4/2020 102627 GOETSCH ASSOCIATES INC., W.W. 7,362.00 WITHAM SANITARY PUMP REPAIR 320227 104590 6239.64329/3/2020 Utility System Repair-Labor Lift Station Maintenanc/Repair 7,362.00 215127 9/4/2020 100085 HARDWARE HANK 18.47 BLDG SUPPLIES 320229 1929718 3106.62339/3/2020 Building Repair Supplies Structure Care & Maintenance 25.20 MISC REPAIR SUPPLIES 320230 1929014 1225.62349/3/2020 Field/Other Equipment Repair Fire / EMS Equipment 3.20 HARDWARE 320231 1928954 3101.62209/3/2020 Operating Supplies - General Playground Maintenance 94.50 EQUIPMENT MAINT - OTC PARTS 320232 1929965 3222.62209/3/2020 Operating Supplies - General Equipment Mtn 141.37 215128 9/4/2020 148797 HER, PANG CHANG 15.00 MARKET 8/26/20 CURBSIDE CSA 320233 082620 3061.46919/3/2020 Other Revenue Market Fest 15.00 215129 9/4/2020 100627 HOME DEPOT CREDIT SERVICES 50.28 SIGN INSTALLATION SUPPLIES 320237 1030709 2242.62579/4/2020 Signs & Striping Material Signs-Installation & Mtn 4.97 CLEANING SUPPLIES 320238 6620029 2270.62209/4/2020 Operating Supplies - General Building And Grounds-Mtn 73.11 SAFETY CHAIN 320239 4520215 2463.62229/4/2020 Medical/Rescue/Safety Supplies Emergency management 2.24-SAFETY CHAIN 320240 2201688 2463.62229/4/2020 Medical/Rescue/Safety Supplies Emergency management 77.20 SAFETY CHAIN 320241 2620638 2463.62229/4/2020 Medical/Rescue/Safety Supplies Emergency management 19.97 SIGN INSTALLATION SUPPLIES 320242 9010724 2242.62579/4/2020 Signs & Striping Material Signs-Installation & Mtn 36.42 WO 706 320243 9512220 9001.14159/4/2020 Inventory - Parts General Fund 15.25 SUPPLIES 320244 8615015 2242.62579/4/2020 Signs & Striping Material Signs-Installation & Mtn 17.99 PAINT SUPPLIES FOR NODES 320245 7010937-072920 8351.67189/4/2020 Project - Other Charges P 1351 2019 Streetl ight impro 36.97 TACK TRAILER MAINT 320246 6011128 2244.62209/4/2020 Operating Supplies - General Street Equipment Repair/Mtn 9/3/2020City of Eagan 16:22:57R55CKR2LOGIS102V 9Page -Council Check Register by GL Check Register w GL Date & Summary 9/4/20208/31/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215129 9/4/2020 100627 HOME DEPOT CREDIT SERVICES Continued... 49.70 INVENTORY PART #EA366-803 320247 5011211 9001.14159/4/2020 Inventory - Parts General Fund 254.52 UTILITY SITE SEALCOAT 320248 2011418 9376.65659/4/2020 Seal Coating-Streets/Trails Combined Utility Trunk Fund 29.91 VOTING BOOTH SECUREMENT 320249 8011873 2270.62209/4/2020 Operating Supplies - General Building And Grounds-Mtn 29.97 SIGN INSTALLATION SUPPLIES 320250 4012336 2242.62579/4/2020 Signs & Striping Material Signs-Installation & Mtn 35.90 SHOP SUPPLIES 320251 4623566 2401.62419/4/2020 Shop Materials Gen/Adm-Central Services 729.92 215130 9/4/2020 149714 HYDROCORP 3,535.00 CROSS CONNECTION CONTROL PRG 320234 0058509-IN 6131.63109/3/2020 Professional Services-General Water Customer Service 3,535.00 215131 9/4/2020 153746 ICIMS INC 4,776.00 RECRUITMENT PLATFORM 320235 241085 1001.63109/3/2020 Professional Services-General General/Admn-Human Resources 4,776.00 215132 9/4/2020 156893 INTERACTIVE FITNESS 199.00 FITNESS INSTRUCTION 320236 INV-001969 1223.63209/3/2020 Instructors Training Fire & EMS 199.00 215133 9/4/2020 115944 INTEREUM, INC. 1,443.20 ANTI FATIGUE MATS FOR DESKS 320284 173130 9592.28629/3/2020 Deferred Revenue Benefit Accrual 1,443.20 215134 9/4/2020 124496 KIRVIDA FIRE INC. 449.70 E2-REPAIR 320285 9030 1224.62319/3/2020 Mobile Equipment Repair Parts Engineer 998.08 E1-REPAIRS 320286 9019 1224.64259/3/2020 Mobile Equipment Repair Labor Engineer 1,447.78 215135 9/4/2020 156872 KOHLS, CHERI 125.00 C. KOHLS- PT TRAINING 320263 081820 6807.64779/3/2020 Local Meeting Expenses Fitness Center 125.00 215136 9/4/2020 100662 LAW ENFORCEMENT LABOR 4,340.00 SEPTEMBER 2020 UNION DUES 320252 OFFICERS/SRGS 8/29/20 9592.20269/4/2020 Ded Pay - Pol Off Unio Benefit Accrual 4,340.00 215137 9/4/2020 154498 LEE, MAI 4.00 MARKET 8/26/20 MARKETBUCKS 320264 082620 3061.6220 PR0049/3/2020 Operating Supplies - General Market Fest 24.00 MARKET 8/26/20 SNAP/EBT 320264 082620 3061.6220 PR0039/3/2020 Operating Supplies - General Market Fest 9/3/2020City of Eagan 16:22:57R55CKR2LOGIS102V 10Page -Council Check Register by GL Check Register w GL Date & Summary 9/4/20208/31/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215137 9/4/2020 154498 LEE, MAI Continued... 15.00 MARKET 8/26/20 CURBSIDE CSA 320264 082620 3061.46919/3/2020 Other Revenue Market Fest 43.00 215138 9/4/2020 147990 LINE 1 PARTNERS INC. 813.25 FS4 CABELING FROM IT 320265 22944 9352.67189/3/2020 Project - Other Charges Fire Station 4 Remodel 813.25 215139 9/4/2020 100111 LOGIS 65,823.00 SOFTWARE MAINT 320266 49042 0301.63509/3/2020 LOGIS IT Services IT-Gen & Admn 15.00 ENTRUST TOKEN 320267 49133 0301.62109/3/2020 Office Supplies IT-Gen & Admn 461.88 DOMAIN NAME RENEWALS 320267 49133 0301.65699/3/2020 Maintenance Contracts IT-Gen & Admn 1,890.00 CJDN FEES 320267 49133 1104.63499/3/2020 Teleprocessing Equipment Patrolling/Traffic 43.50 COURIER 320267 49133 0301.63499/3/2020 Teleprocessing Equipment IT-Gen & Admn 1,000.00 LOGIS NETSVCS SUPPORT 320268 49103 0301.63509/3/2020 LOGIS IT Services IT-Gen & Admn 69,233.38 215140 9/4/2020 154046 LVC COMPANIES 238.00 CABINET AND FIRE EXTIG 320269 42637 9116.62239/3/2020 Building/Cleaning Supplies Cedar Grove Parking Garage 238.00 215141 9/4/2020 156856 LYNCH CAMPS INC 1,303.50 P-BALL INSTRUCTOR-LYNCH AT 320351 090120 3077.63209/3/2020 Instructors Non-Traditional Sports 3,426.00 TENNIS INSTRUCTOR-LYNCH AT 320351 090120 3035.63209/3/2020 Instructors Tennis 4,729.50 215142 9/4/2020 100367 LYN-MAR TYPESETTING PRINTING 149.00 LYNMAR PRINT- ECCCANCELFORMS 320270 42246 6807.62109/3/2020 Office Supplies Fitness Center 149.00 215143 9/4/2020 145890 MANSFIELD OIL COMPANY 17,978.05 FUEL 320271 59157 9001.14119/3/2020 Inventory - Motor Fuels General Fund 17,978.05 215144 9/4/2020 142378 MARKS, RYAN 167.20 RYAN MARKS UNIFORM 320272 082820 3170.21159/3/2020 Clothing Allowance General AdmIn-Parks 167.20 215145 9/4/2020 100571 MENARDS-APPLE VALLEY 24.55 MAIN. MATERIAL 320273 85193 3104.62339/3/2020 Building Repair Supplies Site Amenity Installation 24.55 9/3/2020City of Eagan 16:22:57R55CKR2LOGIS102V 11Page -Council Check Register by GL Check Register w GL Date & Summary 9/4/20208/31/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215145 9/4/2020 100571 MENARDS-APPLE VALLEY Continued... 215146 9/4/2020 146784 MID NORTHERN SERVICES 539.80 DEFECT DVR #D19; CONT I PHOTO 320274 24674 6301.64329/3/2020 Utility System Repair-Labor Street Lighting 539.80 215147 9/4/2020 156531 MIDWEST MUSHROOMS 15.00 MARKET 8/26/20 CURBSIDE CSA 320275 082620 3061.46919/3/2020 Other Revenue Market Fest 15.00 215148 9/4/2020 100664 MN CHILD SUPPORT 682.27 PAYROLL ENDING 8/29/20 320253 GARNISHMENT 8/29/20 9592.20309/4/2020 Ded Pay - Garnishments Benefit Accrual 370.55 PAYROLL ENDING 8/29/20 320254 GARNISHMENT 8/29/20-1 9592.20309/4/2020 Ded Pay - Garnishments Benefit Accrual 238.57 PAYROLL ENDING 8/29/20 320255 GARNISHMENT 8/29/20-2 9592.20309/4/2020 Ded Pay - Garnishments Benefit Accrual 1,291.39 215149 9/4/2020 121807 MN CLAY COMPANY USA 420.60 PROGRAM SUPPLIES 320276 116004 3081.62279/3/2020 Recreation Equipment/Supplies Arts & Humanities Council 420.60 215150 9/4/2020 120087 MN ENERGY RESOURCES CORP 14.40 RAHN PARK WARMING HOUSE 320277 0505212492-0000 1-AUG20 3106.64109/3/2020 Natural Gas Service Structure Care & Maintenance 14.40 215151 9/4/2020 138430 MN ENERGY RESOURCES CORP (R) 47.28 AUG 2020 NATURAL GAS 320278 0504461082-0000 1-AUG20 9695.64109/3/2020 Natural Gas Service Dakota Co Drug Task Force 56.86 AUG 2020 NATURAL GAS 320279 0507678830-0000 1-AUG20 9695.64109/3/2020 Natural Gas Service Dakota Co Drug Task Force 104.14 215152 9/4/2020 100663 MN TEAMSTERS 320 1,021.00 SEPTEMBER 320256 CLERICAL 8/29/20 9592.20299/4/2020 Ded Pay - Clerical Union Dues Benefit Accrual 2,619.00 SEPTEMBER 2020 UNION DUES 320257 PUB WKS MAINT 8/29/20 9592.20279/4/2020 Ded Pay - Pub Wks Union Dues Benefit Accrual 3,640.00 9/3/2020City of Eagan 16:22:57R55CKR2LOGIS102V 12Page -Council Check Register by GL Check Register w GL Date & Summary 9/4/20208/31/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215152 9/4/2020 100663 MN TEAMSTERS 320 Continued... 215153 9/4/2020 151289 MOE, DAN 13.00 MARKET 8/26/20 SNAP/EBT 320280 082620 3061.6220 PR0039/3/2020 Operating Supplies - General Market Fest 15.00 MARKET 8/26/20 CURBSIDE CSA 320280 082620 3061.46919/3/2020 Other Revenue Market Fest 28.00 215154 9/4/2020 149010 MOUA, MAI 18.00 8/26/20 MARKET-MEDICA HEALTHY 320281 082620 3061.6220 PR0079/3/2020 Operating Supplies - General Market Fest 27.00 8/26/20 MARKET-POP CLUB 320281 082620 3061.6220 PR0059/3/2020 Operating Supplies - General Market Fest 27.00 8/26/20 MARKET-MARKETBUCKS 320281 082620 3061.6220 PR0049/3/2020 Operating Supplies - General Market Fest 69.00 8/26/20 MARKET-SNAP/EBT 320281 082620 3061.6220 PR0039/3/2020 Operating Supplies - General Market Fest 141.00 215155 9/4/2020 150486 MOUA, SHENG 15.00 MARKET 8/26/20 CURBSIDE CSA 320282 082620 3061.46919/3/2020 Other Revenue Market Fest 15.00 215156 9/4/2020 156897 MP ASPHALT MAINTENANCE LLC 35,000.00 MICRO SURFACING CIVIC CAMPUS 320283 0060 5114.65659/3/2020 Seal Coating-Streets/Trails Bituminous Mtn-Trails & Prk Lt 35,000.00 215157 9/4/2020 100146 MTI DISTR CO 214.49 IRRIGATION PARTS MTI 320287 1274476-00 3117.62349/3/2020 Field/Other Equipment Repair Irrigation System Mtn/Install 24.15 #346 320288 1272658-00 9001.14159/3/2020 Inventory - Parts General Fund 56.10 IRRIGATION PARTS MTI 320289 1275354-00 3117.62349/3/2020 Field/Other Equipment Repair Irrigation System Mtn/Install 294.74 215158 9/4/2020 155105 MUINDI, CHARLES 200.00 EAB COST SHARE 320290 2020 EAB-ASH TREE REMOVAL 3209.68609/3/2020 Contributions/Cost Sharing Pay Plant Inspections-Private Prop 200.00 215159 9/4/2020 125742 NATIONAL DRIVE 2.00 PAYROLL ENDING 8/29/20 320258 082920 9592.20379/4/2020 Ded Payable-Teamsters DRIVE Benefit Accrual 2.00 215160 9/4/2020 153782 NEW GROUND INC 220.97-TEMP HYDRANT METER 320312 02122019 6101.45059/3/2020 Water Sales Water -Administration 78.00-TEMP HYDRANT METER 320312 02122019 6101.45059/3/2020 Water Sales Water -Administration 130.00-TEMP HYDRANT METER 320312 02122019 6101.45219/3/2020 Construction Meter Permit Fees Water -Administration 9/3/2020City of Eagan 16:22:57R55CKR2LOGIS102V 13Page -Council Check Register by GL Check Register w GL Date & Summary 9/4/20208/31/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215160 9/4/2020 153782 NEW GROUND INC Continued... 195.00 TEMP HYDRANT METER 320312 02122019 6101.45219/3/2020 Construction Meter Permit Fees Water -Administration 1,095.00 TEMP HYDRANT METER 320312 02122019 9220.22549/3/2020 Construction Meter Deposits Public Utilities 861.03 215161 9/4/2020 122435 OFFICE DEPOT (R) 18.09 MULTI CARD READER 320291 117278561001 9695.62109/3/2020 Office Supplies Dakota Co Drug Task Force 118.44 DVD COFFEE PLATE 320313 117274079001 9695.62109/3/2020 Office Supplies Dakota Co Drug Task Force 136.53 215162 9/4/2020 108599 OFFICE DEPOT, INC. 174.40 EVENT SUPPLIES 320292 118241737001 3097.62279/3/2020 Recreation Equipment/Supplies Art Block 51.75 BOXES 320293 115236362001 0401.62109/3/2020 Office Supplies General & Admn-City Clerk 19.97 OFFICE SUPPLIES 320294 117521388001 0501.62109/3/2020 Office Supplies General & Admn-Finance 7.24 OFFICE SUPPLIES 320294 117521388001 3057.62209/3/2020 Operating Supplies - General Preschool Programs 7.23 OFFICE SUPPLIES 320294 117521388001 3047.62209/3/2020 Operating Supplies - General Recreational T-Ball 79.87 CONFERENCE ROOM SUPPLIES 320294 117521388001 5045.63109/3/2020 Professional Services-General Temporary Office/Moving Expens 9.99 OFFICE SUPPLIES 320295 117584729001 0501.62109/3/2020 Office Supplies General & Admn-Finance 12.36 OFFICE SUPPLIES 320296 117584730001 3001.62109/3/2020 Office Supplies General/Admn-Recreation 362.81 215163 9/4/2020 148705 OUTDOOR LAB LANDSCAPE DESIGN INC 650.00 PLAN IT 65-150004 320297 20-117 6541.63109/3/2020 Professional Services-General Capital Proj-Renew&Repl-cr1126 650.00 215164 9/4/2020 156888 PEDERSEN, RYAN 1,000.00 CIP ART ON LOAN PROGRAM 320298 082520 2852.67629/3/2020 Special Features/Furnishings General Park Site Improvmts 1,000.00 215165 9/4/2020 156874 PETERS, RICHARD J & MAXINE 100.00 EAB COST SHARE 320299 20 EAB-INSECTICIDE INJECT 3209.68609/3/2020 Contributions/Cost Sharing Pay Plant Inspections-Private Prop 100.00 215166 9/4/2020 114090 PLANT & FLANGED EQUIPMENT COMPANY 277.08 PRV REBUILDS 320300 0077336-IN 6152.64329/3/2020 Utility System Repair-Labor PRS Inspection/Maint/Repair 277.08 215167 9/4/2020 149730 POND COMPANY, THE 70.49 POND SKIMMER FILTERS 320301 3435 3201.62209/3/2020 Operating Supplies - General Administrative/General 9/3/2020City of Eagan 16:22:57R55CKR2LOGIS102V 14Page -Council Check Register by GL Check Register w GL Date & Summary 9/4/20208/31/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215167 9/4/2020 149730 POND COMPANY, THE Continued... 70.49 215168 9/4/2020 147647 POTTER, TOM 388.33 OAK WILT COST SHARE 320302 2020 OAK WILT-FI 3209.68609/3/2020 Contributions/Cost Sharing Pay Plant Inspections-Private Prop 388.33 215169 9/4/2020 144472 PRECISE MRM LLC 402.10 SOFTWARE MAINT 320314 200-1027175 0301.65699/3/2020 Maintenance Contracts IT-Gen & Admn 402.10 215170 9/4/2020 143557 RANDSTAD (R) 1,127.30 ADMIN ASSIST 8/16-8/22/20 320303 R27355969 9695.65619/3/2020 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 1,127.30 215171 9/4/2020 109582 RECREATION SUPPLY COMPANY 577.68 POOL MAINT 320304 400056 6720.62369/3/2020 Pool Repair Supplies Pool Attendant 577.68 215172 9/4/2020 100728 RENT N SAVE 3,374.05 PORTABLE TOILETS 320305 61964 3111.65399/3/2020 Waste Removal/Sanitation Servi Refuse/Waste Control 3,374.05 215173 9/4/2020 150405 RMB ENVIRONMENTAL LABORATORIES INC 400.00 WQ MONITORING ANALYSES 320306 514686 6528.63239/3/2020 Testing Services Basin Mgmt-Water Spl/Studies/M 95.00 WQ MONITORING ANALYSES 320307 515386 6528.63239/3/2020 Testing Services Basin Mgmt-Water Spl/Studies/M 495.00 215174 9/4/2020 144434 ROADKILL ANIMAL CONTROL 279.00 DEER PICK UP DISPOSAL 320308 073120 2271.65359/3/2020 Other Contractual Services Boulevard/Ditch Mtn 93.00 DEAD ANIMAL 320308 073120 3111.65399/3/2020 Waste Removal/Sanitation Servi Refuse/Waste Control 372.00 215175 9/4/2020 144714 ROCK HARD LANDSCAPE SUPPLY 220.00 SOIL 320309 93072 3114.62539/3/2020 Turf Maintenance & Landscape S Turf Mgmt/Enhancement 220.00 SOIL 320310 92872 3114.62539/3/2020 Turf Maintenance & Landscape S Turf Mgmt/Enhancement 694.80 CIVICCTRPARK CIP 320311 93073 2852.67599/3/2020 General Landscaping/Furnishing General Park Site Improvmts 1,134.80 215176 9/4/2020 146362 SAVATREE 9/3/2020City of Eagan 16:22:57R55CKR2LOGIS102V 15Page -Council Check Register by GL Check Register w GL Date & Summary 9/4/20208/31/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215176 9/4/2020 146362 SAVATREE Continued... 2,659.00 CONTRACTUAL TREE CARE 320344 7290901 3203.65359/3/2020 Other Contractual Services Park Tree Management 2,659.00 215177 9/4/2020 100187 SEH 1,998.99 SEWER METER INSTILLATION 320345 390113 6244.64329/3/2020 Utility System Repair-Labor Sewer System Meterng/Monitorng 1,998.99 215178 9/4/2020 152205 SEMA EQUIPMENT INC 980.00 SHOP REQUEST 320315 1425842 9001.14159/3/2020 Inventory - Parts General Fund 980.00 215179 9/4/2020 140064 SENTRY SYSTEMS INC. 68.01 SEP 2020 ALARM MONITORING 320316 14352684 9695.65409/3/2020 Alarm Monitoring Srv (DCDTF)Dakota Co Drug Task Force 68.01 215180 9/4/2020 100191 SHERWIN WILLIAMS 70.61 PAINT 320317 9230-6 3106.62339/3/2020 Building Repair Supplies Structure Care & Maintenance 70.61 215181 9/4/2020 151184 SIMPLIFILE 49.00 RECORDING FEES 320318 15002084976 0720.4206 J04799/3/2020 Platting Fees General Admin-Planning & Zonin 49.00 RECORDING FEES 320318 15002084976 0720.4095 J04979/3/2020 Conditional Use/Special Use General Admin-Planning & Zonin 98.00 215182 9/4/2020 147953 SITEONE LANDSCAPE SUPPLY LLC 369.80 CIVICCTRPARK CIP 320319 102513545-001 2852.67599/3/2020 General Landscaping/Furnishing General Park Site Improvmts 369.80 215183 9/4/2020 102392 SPARTAN PROMOTIONAL GROUP, INC. 476.45 EVENT SUPPLIES 320320 594309 3097.62279/3/2020 Recreation Equipment/Supplies Art Block 2,470.90 EMPLOYEE MASKS 320321 585798 9123.62229/3/2020 Medical/Rescue/Safety Supplies Coronavirus Relief 450.53 CITY APPAREL 320353 594301 3001.64759/3/2020 Miscellaneous General/Admn-Recreation 448.21 CITY APPAREL 320354 594305 3001.64759/3/2020 Miscellaneous General/Admn-Recreation 3,846.09 215184 9/4/2020 138219 SUBURBAN LANDSCAPE SERVICE INC. 150.00 LONG GRASS-1359 SIGFRID ST 320322 9101 0720.65359/3/2020 Other Contractual Services General Admin-Planning & Zonin 150.00 LONG GRASS-4070 BLUEBERRY LN 320323 9104 0720.65359/3/2020 Other Contractual Services General Admin-Planning & Zonin 150.00 LONG GRASS-2065 KINGS RD 320324 9105 0720.65359/3/2020 Other Contractual Services General Admin-Planning & Zonin 450.00 9/3/2020City of Eagan 16:22:57R55CKR2LOGIS102V 16Page -Council Check Register by GL Check Register w GL Date & Summary 9/4/20208/31/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215184 9/4/2020 138219 SUBURBAN LANDSCAPE SERVICE INC.Continued... 215185 9/4/2020 152981 SVENDAHL, NICK 176.14 UNIFORM NS 320325 082120 2401.21159/3/2020 Clothing Allowance Gen/Adm-Central Services 176.14 215186 9/4/2020 150477 TAMBLYN'S NURSERY 6.00 8/26/20 MARKET-MARKETBUCKS 320326 082620 3061.6220 PR0049/3/2020 Operating Supplies - General Market Fest 4.00 8/26/20 MARKET-SNAP/EBT 320326 082620 3061.6220 PR0039/3/2020 Operating Supplies - General Market Fest 15.00 MARKET 8/26/20 CURBSIDE CSA 320326 082620 3061.46919/3/2020 Other Revenue Market Fest 25.00 215187 9/4/2020 151217 TARGET SOLUTIONS LEARNING LLC 2,736.21 TARGET SOLUTIONS SCHEDULING 320327 INV12349 1221.62709/3/2020 Computer Software Administration-Fire 2,736.21 215188 9/4/2020 156896 UDOMAH, EMINIMOH 128.00 IRRIGATION 2059 PIN OAK RD 320328 090220 8372.67189/3/2020 Project - Other Charges P1372 Vienna Woods 128.00 215189 9/4/2020 100232 UHL CO INC 360.00 FIRE ALARM MONITORING 320329 62171 9116.65359/3/2020 Other Contractual Services Cedar Grove Parking Garage 295.00 REMODEL EXPENSE FIRE SYSTEM 320330 24813 5045.66609/3/2020 Office Furnishings & Equipment Temporary Office/Moving Expens 655.00 215190 9/4/2020 100464 VALLEY-RICH COMPANY INC 8,239.61 VALVE INSTILLATION LONE OAK 320331 28555 6143.64329/3/2020 Utility System Repair-Labor Valve Maintenance/Repair 8,239.61 215191 9/4/2020 100236 VAN PAPER 118.59 CLEANING SUPPLIES 320332 548320-01 3106.62239/3/2020 Building/Cleaning Supplies Structure Care & Maintenance 564.51 CLEANING SUPPLIES 320333 549337-00 3106.62239/3/2020 Building/Cleaning Supplies Structure Care & Maintenance 113.78 CLEANING SUPPLIES 320334 549337-01 3106.62239/3/2020 Building/Cleaning Supplies Structure Care & Maintenance 796.88 215192 9/4/2020 153713 WINDSCHITL, CATHY 562.50 CLEAN 7/1 7/8 7/17 7/23 7/29 320335 19 9695.62339/3/2020 Building Repair Supplies Dakota Co Drug Task Force 562.50 215193 9/4/2020 113476 WISCONSIN SUPPORT COLLECTIONS TRUST FUND 363.81 PAYROLL ENDING 8/29/20 320259 GARNISHMENT 9592.20309/4/2020 Ded Pay - Garnishments Benefit Accrual 9/3/2020City of Eagan 16:22:57R55CKR2LOGIS102V 17Page -Council Check Register by GL Check Register w GL Date & Summary 9/4/20208/31/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 215193 9/4/2020 113476 WISCONSIN SUPPORT COLLECTIONS TRUST FUND Continued... 8/29/20 363.81 215194 9/4/2020 104542 WSB & ASSOCIATES, INC. 2,580.25 RAHNPARKDESIGNWSB CIP 320336 R-016343-000-2 2831.67519/3/2020 Design & Engineering (External Rahn Park 2,431.00 DESTALLPLAYWSB MGMT 320337 R-015234-000-9 2811.67519/3/2020 Design & Engineering (External Woodhaven Park 1,695.00 RAHN RD FINAL CDS AUG 25 320338 R-016475-000-1 8189.67139/3/2020 Project - Outside Engineering P1189 CG area landscape monume 6,706.25 215195 9/4/2020 101755 XCEL ENERGY 138.19 CEDAR GROVE PKWY STREET LITES 320339 51-0010060024-7 -082020 6301.64069/3/2020 Electricity-Street Lights Street Lighting 138.19 215196 9/4/2020 101755 XCEL ENERGY 10.79 MONUMENTS LIGHTING 320340 51-0010165807-6 -082020 6301.64069/3/2020 Electricity-Street Lights Street Lighting 10.79 215197 9/4/2020 101755 XCEL ENERGY 122.36 CEDAR GROVE BLVD STREET LITES 320341 51-0280165-0-08 2020 6301.64069/3/2020 Electricity-Street Lights Street Lighting 122.36 215198 9/4/2020 101755 XCEL ENERGY 856.68 CEDAR GROVE PARKING GARAGE 320342 51-0010548879-4 -082020 9116.64059/3/2020 Electricity Cedar Grove Parking Garage 856.68 215199 9/4/2020 119221 XCEL ENERGY (R) 715.40 AUG 2020 ELECTRICITY 320343 51-4403417-1-08 2420 9695.64059/3/2020 Electricity Dakota Co Drug Task Force 715.40 215200 9/4/2020 100247 ZIEGLER INC 69.54 123 320346 PC002175387 9001.14159/3/2020 Inventory - Parts General Fund 68.12 #123 320347 PC002175388 9001.14159/3/2020 Inventory - Parts General Fund 137.66 1000037 9/4/2020 155673 DUEVEL, MARY 9/3/2020City of Eagan 16:22:57R55CKR2LOGIS102V 18Page -Council Check Register by GL Check Register w GL Date & Summary 9/4/20208/31/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 1000037 9/4/2020 155673 DUEVEL, MARY Continued... 37.95 AB POST OFFICE RUNS 320183 082120 0411.63539/3/2020 Personal Auto/Parking Absentee Balloting/Elections 12.36 ELECTIONS MILEAGE 320183 082120 0410.63539/3/2020 Personal Auto/Parking Elections 50.31 20200160 9/4/2020 100249 FIT 141,524.92 PAYROLL ENDING 8/29/20 320362 090420 9880.20119/4/2020 Ded Payable - FIT Payroll 141,524.92 20200162 9/4/2020 100250 COMMISIONER OF REVENUE-PAYROLL 40,285.22 PAYROLL ENDING 8/29/20 320363 090420 9880.20129/4/2020 Ded Payable - SIT Payroll 40,285.22 20200163 9/4/2020 100252 FICA 35,962.70 PAYROLL ENDING 8/29/20 320364 090420 9880.20149/4/2020 Ded Payable - FICA Payroll 35,962.70 20200164 9/4/2020 100253 MEDICARE 14,332.21 PAYROLL ENDING 8/29/20 320365 090420 9880.20159/4/2020 Ded Payable - Medicare Payroll 14,332.21 20200342 9/4/2020 100693 EAGAN PAYROLL ACCT 797,886.02 PAYROLL ENDING 8/29/20 320361 090320 9001.11159/4/2020 Claim on Cash General Fund 12,028.21 PAYROLL ENDING 8/29/20 320361 090320 9197.11159/4/2020 Claim on Cash ETV 83,899.29 PAYROLL ENDING 8/29/20 320361 090320 9220.11159/4/2020 Claim on Cash Public Utilities 14,344.13 PAYROLL ENDING 8/29/20 320361 090320 9221.11159/4/2020 Claim on Cash Civic Arena 4,819.36 PAYROLL ENDING 8/29/20 320361 090320 9222.11159/4/2020 Claim on Cash Cascade Bay 35,200.50 PAYROLL ENDING 8/29/20 320361 090320 9223.11159/4/2020 Claim on Cash Central Park/Community Center 122,082.03 PAYROLL ENDING 8/29/20 320361 090320 9592.11159/4/2020 Claim on Cash Benefit Accrual 50,239.30 PAYROLL ENDING 8/29/20 320361 090320 9592.61449/4/2020 FICA Benefit Accrual 1,120,498.84 20200803 8/31/2020 150536 MONEY MOVERS INC. 61.00 JULY 2020 320260 131395 6807.43218/31/2020 Memberships-Taxable Fitness Center 61.00 20202517 9/4/2020 115374 MN STATE RETIREMENT SYSTEM-HCSP 31,221.75 EMPLOYEE CONTRIBUTIONS 320355 090420 9592.20349/4/2020 Ded Payable-HCSP Benefit Accrual 31,221.75 20203217 9/4/2020 138969 MN STATE RETIREMENT SYSTEM-MNDCP 9/3/2020City of Eagan 16:22:57R55CKR2LOGIS102V 19Page -Council Check Register by GL Check Register w GL Date & Summary 9/4/20208/31/2020 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20203217 9/4/2020 138969 MN STATE RETIREMENT SYSTEM-MNDCP Continued... 11,501.41 EMPLOYEE CONTRIBUTIONS 320356 090420 9592.20329/4/2020 Ded Pay - Great West Def Comp Benefit Accrual 11,501.41 20204217 9/4/2020 100892 ICMA RETIREMENT TRUST 43,593.80 EMPLOYEE CONTRIBUTIONS 320357 090420 9592.20319/4/2020 Ded Pay - ICMA Benefit Accrual 43,593.80 20205635 9/4/2020 147907 SELECT ACCOUNT 906.05 FLEX REIMBURSEMENT 320358 090320 9592.22159/4/2020 Flex Plan Withholding Payable Benefit Accrual 906.05 20205812 8/31/2020 147907 SELECT ACCOUNT 125.00 R. GIEBEL VEBA 320261 083120 9592.61598/31/2020 VEBA Benefit Accrual 125.00 20208018 9/4/2020 100694 PUBLIC EMPLOYEE RETIREMENT 76.96 PAYROLL PERIOD 8/16/20-8/29/20 320359 434600-090420 9592.61469/4/2020 PERA - DCP Benefit Accrual 88,550.84 PAYROLL PERIOD 8/16/20-8/29/20 320359 434600-090420 9592.20139/4/2020 Ded Payable - PERA Benefit Accrual 42,810.54 PAYROLL PERIOD 8/16/20-8/29/20 320359 434600-090420 9592.61429/4/2020 PERA - Coordinated Benefit Accrual 77,057.04 PAYROLL PERIOD 8/16/20-8/29/20 320359 434600-090420 9592.61439/4/2020 PERA - Police Benefit Accrual 208,495.38 20208535 8/31/2020 151185 HEALTHPARTNERS INC 5,397.04 DENTAL CLAIMS REIMBURSEMENT 320262 083120 9594.61588/31/2020 Dental Insurance Dental Self-insurance 5,397.04 20209508 9/4/2020 153990 EAGAN PROFESSNAL FIREFIGHTERS LOCAL 5171 2,727.14 LOCAL 5171 EMPLOYEE UNION DUES 320360 090420 9592.20399/4/2020 Ded Payable - FF Union Dues Benefit Accrual 2,727.14 2,720,253.25 Grand Total Payment Instrument Totals Checks 2,720,202.94 50.31A/P ACH Payment Total Payments 2,720,253.25 9/3/2020City of Eagan 16:23:05R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/4/20208/31/2020 - Company Amount 944,577.8309001GENERAL FUND 23,220.5409116CEDAR GROVE PARKING GARAGE 2,470.9009123Coronavirus Relief 12,255.5609197ETV 167,426.1209220PUBLIC UTILITIES 14,375.4509221CIVIC ARENA 5,428.3609222CASCADE BAY 35,790.2909223CENTRAL PARK /COMMUNITY CENTER 17,164.4309328PARK SYS DEV AND R&R 292.4909335EQUIPMENT REVOLVING 813.2509352Fire Station 4 Remodel 734,598.9809353POLICE & CITY HALL REMODEL 1,840.9909372REVOLVING SAF-CONSTRUCTION 35,000.0009375MAJOR STREET 254.5209376COMBINED UTILITY TRUNK FUND 481,972.2609592BENEFIT ACCRUAL 5,397.0409594Dental Self-insurance 5,269.1909695DAK CO DRUG TASK FORCE 232,105.0509880PAYROLL Report Totals 2,720,253.25 Agenda Information Memo  September 15, 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:     Sponsorship Agreement with Affinity at Eagan for sponsorship of live music at  Trapp Farm Pavilion   Sponsorship Agreement with Commons on Marice for sponsorship of Eagan 50+  Seniors Box Lunch Bingo   Vendor Agreement with Ken Ullery for an appearance at the Holz Farm Old  Fashioned Holiday event    Attachments: (0)    The contracts are available from the City Clerk’s Office.  Agenda Information Memo September 15, 2020 City Council Meeting CONSENT AGENDA E. Direct Preparation of an ordinance amendment Eagan City Code Chapters 6 and 10 relating to solid waste management Action to Be Considered: Direct Preparation of an ordinance amendment to Eagan City Code Chapters 6 and 10 relating to solid waste management. Facts: ➢ Late last year, Dakota County adopted a revised Ordinance 110 pertaining to solid waste management. ➢ Per the County, cities in Dakota County are now being asked to revise their own solid waste ordinances to be consistent and no less restrictive than the County’s ordinance. ➢ It is proposed that the City Attorney will begin drafting the revised ordinance, which will be brought to the City Council for review at a future workshop. Attachments: E-1 Dakota County Ordinance 110 Ordinance No. 110, Solid Waste Management Page i TABLE OF CONTENTS DAKOTA COUNTY ORDINANCE NO. 110 SOLID WASTE MANAGEMENT PAGE SECTION 1.00 PURPOSE, AUTHORITY, AND POLICY ................................................................. 1 1.01 PURPOSE AND AUTHORITY ........................................................................................................... 1 1.02 POLICY ............................................................................................................................................. 1 SECTION 2.00 DEFINITIONS ........................................................................................................... 2 SECTION 3.00 GENERAL PROVISIONS ....................................................................................... 12 3.01 GENERATOR REQUIREMENTS…………………………………………………………………………...12 3.02 LICENSE REQUIRED ...................................................................................................................... 13 3.03 REQUIREMENTS FOR OBTAINING SOLID WASTE LICENSE .................................................. 13 3.04 DUTY TO COMPLY WITH LICENSE CONDITIONS ................................................................... 14 3.05 REQUIREMENT TO SUBMIT CLOSURE PLAN ........................................................................ 15 3.06 CLOSURE PLAN REQUIREMENTS ................................................................................................ 15 3.07 FINANCIAL ASSURANCE FOR PRE-CLOSURE/OPERATIONAL, CLOSURE, AND POST CLOSURE PERIODS ............................................................................................................. 19 3.08 INSURANCE REQUIRED; SOLID WASTE FACILITIES ............................................................. 23 3.09 INDEMNIFICATION OF COUNTY ................................................................................................... 24 3.10 TERM OF LICENSE, RENEWAL, REISSUANCE, LICENSE NOT TRANSFERABLE .................... 25 3.11 FEES ............................................................................................................................................... 25 3.12 OFF-SITE REUSE OF MINIMALLY CONTAMINATED SOIL FROM DEVELOPMENT PROJECTS AND ROAD CONSTRUCTION PROJECTS .................................................................................... 26 3.13 ADMINISTRATION .......................................................................................................................... 28 3.14 MAJOR MODIFICATIONS ............................................................................................................... 29 3.15 ORDINANCE VIOLATIONS ............................................................................................................. 30 3.16 LICENSE SUSPENSION AND REVOCATION ........................................................................... 34 3.17 HEARINGS ...................................................................................................................................... 35 3.18 DATA PRIVACY .............................................................................................................................. 37 3.19 LIMITATIONS OF ORDINANCE NO. 110 .................................................................................. 37 3.20 FALSE INFORMATION ................................................................................................................... 38 3.21 DUTY TO NOTIFY DEPARTMENT OF DELIVERY OF HAZARDOUS WASTE ............................. 38 3.22 HIGHEST STANDARDS PREVAIL .................................................................................................. 38 SECTION 4.00 SOLID WASTE SURCHARGE ............................................................................... 39 4.01 FEE ON OPERATORS OF DISPOSAL FACILITIES ................................................................... 39 4.02 AMOUNT OF FEES ......................................................................................................................... 39 4.03 EXEMPTION FROM FEES .............................................................................................................. 39 4.04 RETURNS, FEE PAYMENT EXTENSIONS AND REPORTING REQUIREMENTS ....................... 40 SECTION 5.00 INDUSTRIAL WASTE MANAGEMENT AND LAND APPLICATION OF WASTE.43 5.01 GENERAL REQUIREMENTS .......................................................................................................... 43 5.02 REQUIREMENTS FOR ACCEPTANCE OF INDUSTRIAL WASTE AT LANDFILLS ........................ 45 Ordinance No. 110, Solid Waste Management Page ii 5.03 REQUESTS FOR VARIANCE FROM REQUIREMENTS OF SECTION 5.02 ................................ 51 5.04 USE OF INDUSTRIAL WASTE OR CONTAMINATED SOIL AS COVER MATERIAL .................... 51 5.05 LAND APPLICATION ....................................................................................................................... 53 SECTION 6.00 SOLID WASTE LANDFILL FACILITIES ................................................................ 58 6.01 LOCATION OF FACILITY ................................................................................................................ 58 6.02 LICENSE REQUIRED; APPLICATION REQUIREMENTS .......................................................... 58 6.03 GENERAL REQUIREMENTS; LAND DISPOSAL FACILITIES .................................................... 60 6.04 LAND DISPOSAL FACILITY OPERATING PROCEDURES ........................................................ 61 6.05 ADDITIONAL REQUIREMENTS FOR SANITARY LANDFILLS ONLY ......................................... 63 6.06 ADDITIONAL REQUIREMENTS FOR DEMOLITION LANDFILLS ONLY ..................................... 66 6.07 ADDITIONAL REQUIREMENTS FOR SPECIAL WASTE LANDFILLS ONLY ............................... 67 6.08 EXEMPTIONS FROM LANDFILL REQUIREMENTS - QUALIFIED CLEAN FILL LANDFILL ........... 68 SECTION 7.00 SPECIAL WASTE STORAGE FACILITIES AND WASTE TIRE MANAGEMENT 72 7.01 LICENSE REQUIRED; APPLICATION REQUIREMENTS .......................................................... 72 7.02 STATE RULE ADOPTED................................................................................................................. 73 7.03 WASTE TIRE MANAGEMENT ........................................................................................................ 73 7.04 RECORDS ....................................................................................................................................... 75 7.05 UNIFORM REPORTING .................................................................................................................. 75 SECTION 8.00 INCINERATION ...................................................................................................... 76 8.01 COMPLIANCE WITH MPCA AIR QUALITY RULES ................................................................... 76 SECTION 9.00 ENERGY RECOVERY FACILITIES ....................................................................... 77 9.01 LICENSE REQUIRED; APPLICATION REQUIREMENTS .......................................................... 77 9.02 OPERATIONAL REQUIREMENTS .................................................................................................. 78 SECTION 10.00 SOLID WASTE PROCESSING FACILITIES .......................................................... 80 10.01 LICENSE REQUIRED; APPLICATION REQUIREMENTS .......................................................... 80 10.02 OPERATIONAL REQUIREMENTS .................................................................................................. 81 10.03 REDUCED REGULATION FACILITIES ..................................................................................... 83 SECTION 11.00 TRANSFER STATIONS ......................................................................................... 86 11.01 LICENSE REQUIRED; APPLICATION REQUIREMENTS .......................................................... 86 11.02 OPERATIONAL REQUIREMENTS .................................................................................................. 87 11.03 REDUCED REGULATION COLLECTION AND TRANSFER STATIONS ........................................ 88 SECTION 12.00 INFECTIOUS WASTE FACILITIES ........................................................................ 90 12.01 LICENSE REQUIRED; APPLICATION REQUIREMENTS .......................................................... 90 12.02 OPERATIONAL REQUIREMENTS .................................................................................................. 91 SECTION 13.00 COMPOSTING FACILITIES ................................................................................... 93 13.01 LICENSE REQUIRED; APPLICATION REQUIREMENTS .......................................................... 93 13.02 OPERATIONAL REQUIREMENTS .................................................................................................. 95 13.03 COMPOSTING ACTIVITIES WITH REDUCED REGULATIONS.................................................. 96 13.04 ADDITIONAL OPERATIONAL REQUIREMENTS FOR YARD WASTE ONLY COMPOSTING FACILITIES ........................................................................................................................... 96 Ordinance No. 110, Solid Waste Management Page iii 13.05 ADDITIONAL DESIGN AND OPERATIONAL REQUIREMENTS FOR SOLID WASTE COMPOSTING FACILITIES EXCLUDING YARD WASTE COMPOSTING FACILITIES .............. 97 13.06 EXEMPTED REQUIREMENTS FOR NON-YARD WASTE COMPOSTING FACILITIES ................ 98 SECTION 14.00 NONCONFORMING SITES .................................................................................... 99 14.01 REQUIREMENT TO BRING NONCONFORMING SITE INTO CONFORMITY .............................. 99 14.02 DUTY TO REPORT A NONCONFORMING SITE ...................................................................... 99 14.03 PROCEDURE AND REQUIREMENTS FOR REMEDIATION OF NONCONFORMING SITES ........ 99 14.04 FILING OF SOLID WASTE DISCLOSURE NOTICE ...................................................................... 102 SECTION 15.00 COLLECTION AND TRANSPORTATION OF SOLID WASTE AND RECYCLABLE MATERIALS ......................................................................................................... 103 15.01 LICENSE REQUIRED .................................................................................................................... 103 15.02 EQUIPMENT AND OPERATIONS REQUIREMENTS .............................................................. 103 15.03 METROPOLITAN AREA SOLID WASTE SHALL BE DISPOSED IN CONFORMING FACILITY ... 104 15.04 SECURE ALL LOADS ................................................................................................................... 104 15.05 RECYCLABLE MATERIALS REPORTING .............................................................................. 104 15.06 RECORDS ..................................................................................................................................... 104 15.07 MIXING OF MIXED MUNICIPAL SOLID WASTE AND SOURCE-SEPARATED MATERIAL PROHIBITED ....................................................................................................................... 106 15.08 ADDITIONAL REQUIREMENTS FOR HAULERS LICENSED UNDER THE REGIONAL HAULER LICENSING PROGRAM ....................................................................................................... 106 15.09 LICENSE APPLICATION REQUIREMENTS FOR SOLID WASTE HAULERS NOT LICENSED UNDER THE REGIONAL HAULER LICENSING PROGRAM ................................................... 109 15.10 INSURANCE REQUIRED; HAULERS ..................................................................................... 109 SECTION 16.00 SOLID WASTE ABATEMENT ............................................................................. 111 16.01 MUNICIPALITY SOLID WASTE ABATEMENT PROGRAM .................................................... 111 16.02 COMMERCIAL GENERATORS ............................................................................................. 111 16.03 MULTI-UNIT RESIDENTIAL BUILDINGS………………………………………………………………...112 16.04 ORGANICS .......................................................................................................................... 112 16.05 TRASH, RECYCLING AND ORGANICS REQUIREMENTS ...................................................... 113 16.06 LABELING ..................................................................................................................................... 113 16.07 LAWFUL ACTS .............................................................................................................................. 113 SECTION 17.00 VARIANCES ......................................................................................................... 114 17.01 APPLICATION ............................................................................................................................... 114 17.02 CONTINUING VARIANCE ............................................................................................................. 114 17.03 DENIAL OF VARIANCE AND RIGHT TO APPEAL ........................................................................ 114 SECTION 18.00 EMERGENCY WAIVER OF STANDARDS .......................................................... 115 18.01 IN GENERAL ........................................................................................................................ 115 18.02 LIMITATION OF EMERGENCY WAIVER ................................................................................ 115 18.03 REQUEST FOR EMERGENCY WAIVER ................................................................................ 115 SECTION 19.00 ADDITIONAL REQUIREMENTS .......................................................................... 117 SECTION 20.00 SEPARABILITY ................................................................................................... 118 SECTION 21.00 REMEDIES CUMULATIVE ................................................................................... 119 SECTION 22.00 NO CONSENT ...................................................................................................... 120 Ordinance No. 110, Solid Waste Management Page iv SECTION 23.00 EFFECTIVE DATE ............................................................................................... 121 SECTION 24.00 REPEALER………………………………………………………………………………122 SECTION 1.00 PURPOSE, AUTHORITY AND POLICY Page 1 DAKOTA COUNTY ORDINANCE NO. 110 SOLID WASTE MANAGEMENT SECTION 1.00 PURPOSE, AUTHORITY, AND POLICY 1.01 PURPOSE AND AUTHORITY. An ordinance establishing standards for and regulating solid waste management and the operation of solid waste facilities and activities, including infectious waste facilities and activities; establishing requirements for certain facilities on a disposal site; providing for application and license fees, financial assurance and penalties for lack of compliance with these provisions; promoting the health, welfare and safety of the public, and to protect the environment pursuant to Minn. Stat. Chs. 115A, 375, 400, and 473. 1.02 POLICY. The policy of Dakota County shall be to provide for the management of solid waste in a manner that will protect the health, welfare, and safety of the public, prevent the spread of disease, prevent the creation of nuisances, conserve our natural resources, and maintain the beauty and quality of our natural environment. [Remainder of page left intentionally blank.] SECTION 2.00 DEFINITIONS Page 2 SECTION 2.00 DEFINITIONS Unless the context clearly indicates otherwise, the following words and phrases shall have the meanings ascribed to them in this section. Unless specifically defined herein, terms used in this ordinance shall have the same definition as provided in the Waste Management Act, Minn. Stat. §115A.01 et seq. and/or Minn. R. 7035.300, and if not defined there, shall have common usage meaning. For purposes of this ordinance, the words “must” and “shall” are mandatory and not permissive unless a different definition appears in this ordinance. 2.01 "ADMINISTRATIVE PENALTY ORDER" means an order issued pursuant to Dakota County Ordinance No. 123, Administrative Penalty Orders. 2.02 "AGRONOMIC RATES" means the application of plant nutrients and soil amendments at rates recommended by the University of Minnesota or a Minnesota Department of Agriculture certified laboratory for the production of agronomic crops based upon specific crop yield goals and specific soil test values. 2.03 "ASH RESIDUE" means the residue resulting from the processing combustion of solid waste, including fly ash and bottom ash and spent reagent and moisture. 2.04 "AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT" means an employee or agent of the Department. 2.05 “BACK-OF-HOUSE” means the kitchen, food preparation, dishwashing, and storage areas of a commercial generator or large event venue with organics that are not accessed by customers or the public. 2.06 "BACKYARD COMPOST SITE" means a site used to compost vegetative food scraps, garden wastes, weeds, lawn cuttings, leaves, and prunings from a single-family or household. 2.07 "BASE COUNTY" means the metropolitan area county in which a hauler’s office, records, and vehicles are primarily located. If different parts of the hauler’s business are located in more than one metropolitan area county, the base county shall be the metropolitan area county in which most of the vehicles are kept, as determined by the department at the time of license application. The base county for haulers based in a county not participating in the regional licensing program shall be an adjacent metropolitan area county as determined by the department. 2.08 "BASE LICENSE" means the license issued by a base county to a hauler as a precondition to obtaining an operating license from Dakota County or other metropolitan area counties. 2.09 "BENEFICIAL LAND APPLICATION" means using certain solid wastes and their properties to improve the soil’s physical, chemical and biological properties and to enhance vegetative growth and production when applied at agronomic rates. 2.10 "CERTIFICATION OF CLOSURE" means the acknowledgment and legal testament of the site/facility owner and agents (operator, attorney, and professional engineer) that all required closure actions have been satisfactorily completed in accordance with the approved closure plan(s) and specifications and in compliance with all applicable regulations. 2.11 "CHRISTMAS TREE" means coniferous or evergreen trees or boughs used for Yuletide decorations. 2.12 "CITATION" means an order issued by the department to appear before a judge on a given date to defend against a stated charge, such as an ordinance violation. 2.13 "CLEAN FILL" means uncontaminated natural earthen materials such as soil, sand and gravel. SECTION 2.00 DEFINITIONS Page 3 2.14 “CLEAN WOOD” means wood that has not been treated, coated, or glued (plywood, oriented strand board, etc.), including yard waste 2.15 "CLOSURE" means the physical act of securing, covering, and otherwise closing a terminated licensed solid waste facility operation or nonconforming site in accordance with the requirements of this ordinance to mitigate and abate environmental impacts and public health and safety hazards, and nuisances, as well as to anticipate and resolve potential future problems. 2.16 "CLOSURE PERIOD" means the time period from the date of termination of all intermediate or final disposal operations until the date that the county board approves the certification of closure. 2.17 "CLOSURE PLAN" means all required closure and post-closure plans and specifications, supporting documents, reports, information and data required in section 3.06 that shall be necessary for review by the department. 2.18 "CO-COMPOST" means composting of mixed municipal solid waste with a nutrient source or bulking agent. 2.19 "CODISPOSAL" means the disposal of nonhazardous industrial wastes, including sludge and ash, together with mixed municipal solid waste at a solid waste facility, as approved by the Minnesota Pollution Control Agency (MPCA) and deemed acceptable by the department. 2.20 “COMMERCIAL” has the same meaning as commercial generator. 2.21 "COMMERCIAL BUILDING" means any permanent or temporary building used for other than residential purposes. 2.22 “COMMERCIAL GENERATOR” means an entity that is not a residential source generator. 2.23 "COMPOSTABLE MATERIAL" means any material that is primarily organic and can be decomposed through biological activity. Compostable plastics or lined papers must meet ASTM D6400 and ASTM D6868, respectively, as certified by the Biodegradable Products Institute or other similar independent certification bodies. 2.24 "COMPOSTING" means the controlled biological decomposition and management of selected solid waste to produce an innocuous, humus-like material, which can be used as a soil conditioner. 2.26 "COMPOSTING FACILITY" means a site or facility used to compost or co-compost solid waste, including all structures or processing equipment used to control surface water drainage, collect and treat contact water or leachate, and storage areas for the incoming waste, the final product, rejects and residuals resulting from the composting process. 2.26 "CONSTRUCTION DEBRIS" means waste building materials, packaging and rubble resulting from construction, remodeling, and repair. 2.27 “CONTACT WATER” means water that has come into contact with source separated compostable material in the tipping area, source separated compostable material mixing area, rejects, or active compost prior to meeting process to further reduce pathogens test and the Solvita maturity index is greater than or equal to five with ammonia greater than or equal to four. 2.28 "CORRECTIVE ACTIONS" means the actions, including remedial actions that need to be performed by a person to correct the conditions on the property that are in violation of this ordinance. 2.29 "COUNTIES" means Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington Counties, or, if one or more of said counties withdraws from the Regional Hauler Licensing Program, the remaining counties. SECTION 2.00 DEFINITIONS Page 4 2.30 "COUNTY" means Dakota County, Minnesota. 2.31 "COUNTY BOARD" means the Dakota County Board of Commissioners. 2.32 "COVER MATERIAL" means material that is used to cover compacted solid waste in a land disposal site or facility. Acceptable cover material is characterized by low permeability, uniform texture, cohesiveness and compactability, and is free of putrescible materials. Suitable cover materials include, but are not limited to, sandy loam, loam, silty loam, sandy clay loam, silty clay loam, clay loam, sandy clay, clayey sand, and loamy sand. Final cover material is used to terminate and permanently close a land disposa l site, facility, or a part thereof, and the type and required characteristics of the final cover material must be approved by the department. 2.33 "DEMOLITION LANDFILL" means an area of land used for final disposal of demolition waste. 2.34 "DEMOLITION WASTE" means waste resulting from the demolition of man-made structures, and other similar materials specifically approved by the department. Demolition waste excludes asbestos and other materials specifically prohibited by this ordinance and the department. 2.35 "DEPARTMENT" means the county department or unit designated by the county board to conduct solid waste regulatory activities within the county, its staff, and designated agents. 2.36 “DESIGNATED LIST OF CONTAMINANTS” means a list of contaminants approved by the Dakota County Board of Commissioners and published by the Department on the Dakota County Website. 2.37 “DESIGNATED LIST OF ORGANICS” means a list of organic material types suitable for commercial composting approved by the Dakota County Board of Commissioners and published by the Department on the Dakota County Website. 2.38 “DESIGNATED LIST OF RECYCLABLES” means a list of recyclable materials types approved by the Dakota County Board of Commissioners and published by the Department on the Dakota County Website that represents the minimum haulers must accept and generators must recycle . Generators, facilities and haulers will have six months to implement any changes after it is published. 2.39 “DISASTER” means a situation that creates an actual or imminent serious threat to the health and safety of persons, or a situation that has resulted or is likely to result in catastrophic loss to property or the environment, and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent the injury or loss. 2.40 “DURABLE COMPOSTABLE BAG” means a bag used to co-collect organics with mixed municipal solid waste for the purposes of separating the organics for composting or anaerobic digestion. The durable compostable bags must meet ASTM standards D6400 or D6868 and be sufficiently durable to contain the organics through the collection and separation process. 2.41 "EMBARGO" means a written order issued by the department prohibiting the movement, removal, transport, disposal, treatment, sale, or use of any material which is or is suspected to be a solid waste and which is being mismanaged or which the department has reason to suspect is being or will be managed in violation of this ordinance. 2.42 "ENERGY RECOVERY" means a process by which energy is derived or extracted from solid waste to capture the heat value for conversion to steam, electricity, or immediate heat by direct com bustion. 2.43 "ENERGY RECOVERY FACILITY" means a facility used to capture the heat value of solid waste for conversion to steam, electricity, or immediate heat by direct combustion. SECTION 2.00 DEFINITIONS Page 5 2.44 "FINAL DISPOSAL" means discharge, deposit, injection, uncontrolled dumping, spilling, leaking, or placing of any solid waste or any constituent thereof that may enter the environment or be emitted into the air or discharged into any waters, including ground waters. 2.45 "FLOODPLAIN" means the beds proper and the areas adjoining a wetland, lake, or watercourse that have been or may be covered by a regional flood. 2.46 "GARBAGE" means discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food. 2.47 "GENERATE" means the act or process of producing solid waste, including the production or aggregation of waste occurring at an intermediate disposal facility. 2.48 "GENERATOR" means any person whose actions or process(es) produce solid waste. 2.49 "HAULER" means any person, other than an individual resident hauling his or her own household waste, who collects or transports any solid waste. 2.50 "HAZARDOUS WASTE" means any refuse, sludge, spent solutions or other waste material or combinations of refuse, sludge, spent solutions or other waste materials in solid, semi-solid, liquid or contained gaseous form which, because of its quantity, concentrations, or chemical, physical or infectious characteristics may: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed. Categories of hazardous waste materials include, but are not limited to, explosives, flammables, oxidizers, poisons, irritants and corrosives. Hazardous waste does not include source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended. 2.51 "INCINERATOR" means any emissions unit, emission facility, furnace, or other device used primarily for the purpose of combusting solid waste. 2.52 "INDUSTRIAL WASTE" means all solid waste generated from an industrial or manufacturing process, and solid waste generated from non-manufacturing activities such as service and commercial establishments and chemical and debris contaminated soil from spills; property clean up, and development activities. Industrial waste does not include office materials, restaurant and food preparation waste, discarded machinery, demolition waste, or household waste. 2.53 "INERT" means lacking the physical or chemical capacity to adversely impact human health or the environment. 2.54 "INFECTIOUS WASTE" means a solid waste that has the meaning given to it in Minn. Stat. §116.76. Infectious waste includes laboratory waste, blood, regulated body fluids, sharps, and research animal wastes that have not been decontaminated. 2.55 "INFECTIOUS WASTE FACILITY" means a facility where infectious waste is transferred, stored, disposed, decontaminated, or incinerated. 2.56 "INTERMEDIATE DISPOSAL" means the preliminary or incomplete disposal of solid waste, including storage and any other management or handling of waste short of final disposal. Intermediate disposal does not include storage by a generator of thirty (30) cubic yards or less of solid waste if the storage meets the requirements of the city or township and does not constitute a public health nuisance. SECTION 2.00 DEFINITIONS Page 6 2.57 "LAND APPLICATION" means placing solid waste on land for the purpose of chemical, physical or biological treatment that may provide a beneficial amendment to the soil. 2.58 “LARGE EVENT VENUE WITH ORGANICS” means a public gathering of at least 300 people that generates at least one ton of municipal solid waste or contracts for eight cubic yards or more per location, and generates organics back-of-house. Examples include but are not limited to: concerts, fairs, festivals, community events, athletic tournam ents, parades, etc. 2.59 “LARGE COMMERCIAL ORGANICS GENERATOR” means the following commercial generator classifications that generate one ton or more of municipal solid waste per week or contract for eight cubic yards or more per week per location, and generates organics back-of-house: restaurants; grocery stores; food wholesalers, distributors and manufacturers; hotels; hospitals; sports venues; event centers; caterers; nursing and residential care facilities; office buildings with dining services; farmers markets; food shelves and food banks; schools, colleges, and universities with dining services; shopping centers; airports; golf clubs and country clubs; and public/rental kitchens or shared-use commercial kitchens; and other businesses identified by the Department. 2.60 "LICENSEE" means the person(s) who has been granted a license by the county board to establish, operate and maintain a solid waste facility or to collect and transport solid waste, pursuant to this ordinance. 2.61 "MAJOR APPLIANCES" means clothes washers and dryers, dishwashers, water heaters, residential furnaces, garbage disposals, trash compactors, conventional and microwave ovens, ranges and stoves, air conditioners, dehumidifiers, refrigerators, and freezers. 2.62 "MAJOR MODIFICATION" means a change in a licensed solid waste facility that requires county board approval. The criteria are stated in section 3.14. 2.63 "METROPOLITAN AREA" means the area over which the Metropolitan Council has jurisdiction, including only the counties of Anoka, Carver, Dakota excluding the City of Northfield, Hennepin excluding the City of Hanover and Rockford, Ramsey, Scott excluding the City of New Prague, and Washington. 2.64 "MPCA" means the Minnesota Pollution Control Agency. 2.65 "MIXED MUNICIPAL SOLID WASTE" means garbage, refuse, and other solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead-acid batteries, motor or vehicle fluids and filters, and other materials collected, processed, and disposed of as separate waste streams. 2.66 "MULTI-UNIT RESIDENTIAL BUILDING" means any building with four or more residential units. 2.67 "MULTIPLE OPERATION FACILITY LICENSE" means one license granted to a person who operates two or more solid waste facilities within the same site boundary. 2.68 “MUNICIPAL SOLID WASTE” has the same meaning as mixed municipal solid waste. 2.69 "MUNICIPALITY" means any incorporated city or township within the boundaries of Dakota County, Minnesota, or a combination thereof that are included in an agreement for purposes of solid waste management. 2.70 "NONCONFORMING SITES" means real property used for final or intermediate disposal of solid waste for which no license was obtained from the county board or that has not been closed in conformance with this ordinance. 2.71 "NOTICE OF VIOLATION" means an administrative version of a judicial complaint that is issued by the department to a person. A notice of violation must contain the following sections: SECTION 2.00 DEFINITIONS Page 7 1. Findings of fact with corresponding conclusions of law, which describe the alleged violations a nd the corresponding ordinance section(s), statute(s), and/or rule(s) which are allegedly violated; 2. Orders for corrective action, which describe specifically how each alleged violation must be corrected and the timeframes within which the corrections are required to be made; and 3. Notice of further action, which describes in general terms, the additional administrative and judicial enforcement actions that could be pursued by the department, if the alleged violations are not satisfactorily corrected. 2.72 "OPERATOR" means the person(s) responsible for managing the day-to-day physical handling of solid waste at a particular site or facility. 2.73 "OPERATING COUNTY" means any of the metropolitan area counties, including the base county, in which the hauler collects or transports mixed municipal solid waste. 2.74 "OPERATING LICENSE" means the license issued by an operating county to operate within each operating county, including the base county, in which the hauler collects or transports mixed municipal solid waste and that may contain specific conditions imposed by the issuing county. 2.75 “ORGANIC MATERIAL” has the same meaning as organics. 2.76 “ORGANICS” means food waste and the designated list of organics published on the Dakota County Website. 2.77 "PCB OR POLYCHLORINATED BIPHENYL" means a special waste that consists of two hundred nine (209) possible compounds that may have 1-10 chlorine atoms attached to a biphenyl aromatic structure. 2.78 "pH" means a value representing the acidity or alkalinity of an aqueous solution that is expressed by the negative logarithm of the hydrogen ion concentration with a scale of 0 to 14. A neutral solution has a pH of 7 and each one unit change in the pH value is a change of ten times the acidity or alkalinity of the solution. 2.79 "PID OR PHOTOIONIZATION DETECTOR" means an organic vapor meter for measuring the concentration of volatile organic compounds that have an ionization potential that is less than the energy o f the lamp used in the detector. The lamp shall be a minimum 10.2 eV or higher as appropriate for the compound(s) being detected. 2.80 "PERSON" means any human being, any municipality or other governmental or political subdivision, or other public agency, any public or private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing, or any other legal entity. 2.81 "POST-CLOSURE" means the physical act of long-term monitoring and maintenance for a specified number of years after the county board approval of the certification of closure or after closure of a nonconforming site. During this time, the discovery of contingencies shall require certain actions and funding to mitigate or abate environmental impacts and public health and safety hazards and nuisances. 2.82 "POST-CLOSURE PERIOD" means the time period beginning with county board approval of the certification of closure or after completion of closure of a nonconforming site and extending until such time as monitoring and maintenance activities and contingency actions outlined in the approved closure plan or remedial action plan required under section 14.03(C) are completed. 2.83 "PRE-CLOSURE/OPERATIONAL PERIOD" means the period of time beginning at commencement of solid waste operations until the beginning of the closure period. SECTION 2.00 DEFINITIONS Page 8 2.84 "PROCESSING" when referring to solid waste, means the treatment of solid waste after collection and before final disposal, and includes all activities after the time the waste is delivered to a processing facility. Processing includes, but is not limited to: storage; reduction; containment; separation; exchange; resource recovery; physical, chemical, or biological modification; and subsequent transfer from one solid waste facility to another. The storage of solid waste, in and of itself, does not constitute the treatment of waste necessary to meet this definition. 2.85 "PROCESSING FACILITY" means a site used to process solid waste, including all structures, equipment used to process the waste, storage areas for the incoming waste, and the final product and r esiduals resulting from the process. 2.86 “PUBLIC ENTITY” means the state, an office, agency, or institution of the state, the Metropolitan Council, a metropolitan agency, the Metropolitan Mosquito Control Commission, the legislature, the courts, a county, a statutory or home rule charter city, a town, a school district, a special taxing district, or any entity that receives an appropriation from the state for a capital improvement project after August 1, 2002. 2.87 "PUBLIC NUISANCE" means the creation of acts or conditions that unreasonably annoy, injure or endanger the safety, health, comfort, or repose of any number of members of the public. 2.88 "PUTRESCIBLE MATERIAL" means solid waste that is capable of rotting or is in a foul state of decay or decomposition. 2.89 "QUALIFIED CLEAN FILL" means uncontaminated concrete, brick, or inert materials approved for beneficial use by the department. 2.90 "QUALIFIED CLEAN FILL LANDFILL" means utilization of qualified clean fill for a beneficial land use project. 2.91 "RADIOACTIVE MATERIAL" means any waste releasing detectable radiation. 2.92 "RECYCLABLE MATERIALS" means materials that are suitable for separating from solid waste for the purpose of recycling including, but not limited to, paper, glass, plastics, metals, automobile oil, batteries , etc. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. 2.93 “RECYCLABLES” has the same meaning as recyclable materials. 2.94 "RECYCLING" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable material in a manner that precludes further use. 2.95 "RECYCLING FACILITY" means a site at which waste materials are prepared for reuse in their original form or for use in manufacturing processes that do not cause the destruction of materials in a manner that precludes further use. 2.96 "REFUSE" means something rejected or discarded as worthless or useless. 2.97 "REGIONAL FLOOD" means a flood that is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of a 100-year recurrence interval. 2.98 "REGIONAL HAULER LICENSING PROGRAM" means the cooperative hauler licensing program established by the joint powers agreement approved by the County Board on September 26, 2017 , as may be amended from time to time, by participating metropolitan area counties. SECTION 2.00 DEFINITIONS Page 9 2.99 “REJECTS” as applied to compost facilities means inorganic materials that cannot be rendered into a humus -like material or materials that are unacceptable due to licensing conditions. 2.100 "REMEDIAL ACTION PLAN" means a written plan submitted to, and approved by, the department after a nonconforming site has been investigated that describes all corrective actions that the owner will complete to bring the nonconforming site within the requirements of Ordinance 110. 2.101 "REMEDIAL INVESTIGATION PLAN" means a written plan describing the conditions on a nonconforming site that violate this ordinance and the activities and methods that the owner intends to use to assess the environmental conditions on the site. 2.102 "REMEDIAL INVESTIGATION REPORT" means a written report describing all the findings of the investigation of a nonconforming site that have been carried out according to the approved remedial investigation plan. 2.103 “RESIDENTIAL” has the same meaning as residential source. 2.104 "RESIDENTIAL BUILDING" means a single family home or a building with residential units. 2.105 "RESIDENTIAL RECYCLING" means a program targeted for collection of recyclable materials from a residential building. 2.106 "RESIDENTIAL SOURCE" means any source from a residential building. 2.107 "RESIDUALS" means all solid waste remaining after processing including ash residue and other solid waste that is not recovered or combusted. As applied to composting facilities, “residuals” means organic materials that require further composting due to their large size, such as tree branches. 2.108 "RESOURCE RECOVERY" means the reclamation for sale, use, or reuse of materials, substances, energy, or other products contained within or derived from waste, including, but not limited to energy recovery, processing, and composting facilities. 2.109 "RESOURCE RECOVERY FACILITY" means a solid waste facility established and used primarily for resource recovery, including related and appurtenant facilities such as transmission facilities and transfer stations primarily serving the resource recovery facility. 2.110 "SANITARY LANDFILL" means a facility that employs a method for final disposal on land, of solid waste, including mixed municipal solid waste, in accordance with a preconceived plan and without creating nuisances or hazards to public health or safety, by utilizing the principles of environmental planning and engineering to confine solid waste to the proper and smallest practical area, to reduce it to the smallest volume, and to cover it with an adequate layer of cover material at the conclusion of each day's operation, or at such more frequent intervals as may be required. 2.111 "SCRAP YARDS" means an establishment, place of business, or place of storage or deposit, that is maintained, operated, or used for storing, keeping, buying, or selling scrap, junk, or waste metal, includi ng, but not limited to, automobiles, trucks, tractors, farm equipment, industrial equipment, containers, and appliances, where the total scrap metal stored is greater than 20 tons or consists of more than five motor vehicles. 2.112 "SEGREGATED" means, when referring to solid waste, waste that has been separated into groups of similar materials. 2.113 "SHORELAND" means land located within the following distances from public waters: 1,000 feet from the ordinary high watermark of a lake, pond, or flowage; and land within 300 feet of a river or a stream or the landward side of a delineated by ordinance on the river or stream, whichever is greater. SECTION 2.00 DEFINITIONS Page 10 2.114 "SOLID WASTE" means garbage, refuse, sludge from a water supply treatment plant or air containment treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include hazardous waste, animal waste used as fertilizer, earthen fill, boulders, rock, sewage sludge, solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under section 402 of the federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows, or source, special nuclear, or by-product material as defined by The Atomic Energy Act of 1954, as amended. 2.115 "SOLID WASTE DISPOSAL DISCLOSURE NOTICE" means a document filed with Dakota County Property Records Department containing the information required in sections 3.06 (G) and 14.04 of this ordinance. 2.116 “SOLID WASTE ABATEMENT” means programs for reducing, reusing, and recycling solid waste. 2.117 “SOLID WASTE ABATEMENT MESSAGING” means the standardized solid waste abatement education messaging developed by the Department and published on the Dakota County Website. 2.118 "SOLID WASTE FACILITY" means all property, real or personal, including negative and positive easements and water and air rights, that is used for processing, managing, or disposing of solid waste, except property used primarily for the manufacture of metal or paper. The term solid waste facility includes solid waste landfills, transfer stations, incinerators, energy recovery facilities, special waste facilities, processing facilities, composting facilities, infectious waste facilities, and also includes any other intermediate and final solid waste disposal sites and facilities. 2.119 "SOLID WASTE LANDFILL" means a site used for final disposal of solid waste utilizing the landfilling method. 2.120 "SOURCE SEPARATION" means the process whereby generators separate, from mixed municipal solid waste, materials that will be reused, recycled, used as substitutes for raw material in a manufacturing process, or converted into a usable soil amendment. 2.121 “SOURCE SEPARATED COMPOSTABLE MATERIAL” means materials that: 1. Are separated at the source by waste generators for the purpose of preparing them for use as compost; 2. Are collected separately from mixed municipal solid waste, and are governed by the licensing provisions of Minn. Stat. § 115A.93; 3. Are comprised of food wastes, fish and animal waste, plant materials, and compostable materials that meet the standards in ASTM D6400 and ASTM D6868 as incorporated by reference under Minn. Rule. 7035.0605; 4. Are delivered to a facility to undergo controlled microbial degradation to yield a humus-like product meeting the MPCA’s class I or class II, or equivalent, compost standards and where process residues do not exceed 15% by weight of the total material delivered to the facility; and 5. May be delivered to a transfer station, mixed municipal solid waste processing facility, or recycling facility only for the purposes of composting or transfer to a composting facility, unless the MPCA determines that no other person is willing to accept the materials. SECTION 2.00 DEFINITIONS Page 11 2.122 "SPECIAL WASTE" means a non-hazardous industrial waste that is not mixed municipal solid waste and is managed as a separate waste stream. 2.123 "SPECIAL WASTE FACILITY" means an area of land and associated structures and operations that are involved in intermediate or final disposal of special waste. 2.124 "STIPULATION AGREEMENT" means a voluntary agreement entered into between Dakota County and a person, whereby the person agrees to perform actions to correct ordinance violations within an agreed upon time period and upon which its terms and conditions may be enforced in a court of competent jurisdiction. 2.125 "STREET SWEEPINGS" means materials removed from streets, sidewalks, parking lots, and roadways during routine cleaning by a sweeping operation consisting of sand, sealcoat, tree waste and debris. Street sweepings do not include any material originating from an industrial spill or contaminated area. 2.126 "TCLP (TOXICITY CHARACTERISTIC LEACHING PROCEDURE)" means a test designed and required by the United States Environmental Protection Agency to determine the existence of hazardous components in waste. The TCLP (Method 1311) is published in "Test Methods for Evaluati ng Solid Waste, Physical/Chemical Methods," EPA Publication SW -846. 2.127 "TPH (TOTAL PETROLEUM HYDROCARBON)" means a test used to determine the amount of oil and grease in a waste. 2.128 "TRANSFER STATION" means a facility in which collected solid waste from any source is temporarily stored, concentrated or deposited to await subsequent transportation. A transfer station can be fixed or mobile. The transfer of solid waste from one collection vehicle to another co nstitutes a mobile transfer station. 2.129 “TRASH” has the same meaning as mixed municipal solid waste. 2.130 "TRANSPORTATION" means the conveying of solid waste from one place to another. 2.131 "UNPROCESSED MIXED MUNICIPAL SOLID WASTE" means mixed municipal solid waste that has not, after collection and before final disposal, undergone separation of materials for resource recovery through recycling, energy recovery, production and use of refuse derived fuel, composting, or any combination of these processes so that the weight of the waste remaining that must be disposed of in a sanitary landfill is not more than thirty-five percent (35%) of the weight of the waste accepted at the facility before processing, on an annual average. 2.132 "UNPROCESSIBLE WASTE" means mixed municipal solid waste that is unprocessed mixed municipal solid waste because it is not amenable to processing as determined by a processing facility operator, or it cannot reasonably be delivered to a processing facility as determined by the county in which it was generated. 2.133 "VOC (VOLATILE ORGANIC COMPOUNDS)" means a group of organic chemical compounds that have a vapor pressure greater than 2mm of mercury at 25 degrees Celsius, excluding methane. 2.134 "WARNING NOTICE" means a written document issued by the department to a person that includes the following: 1. A list of violations, including the ordinance section(s), rule(s), or statute(s) violated, the factual basis for the violations and the date(s) of the violations; 2. The specific actions required to be taken by the person to correct the violations and the timeframes within which the corrections are required to be made; and SECTION 2.00 DEFINITIONS Page 12 3. A description, in general terms, of the additional administrative and judicial enforcement actions that could be pursued by the department if the alleged violations are not satisfactorily corrected. 2.135 "WASTE TIRE" OR "TIRE" means a pneumatic or solid vehicular tire that no longer serves its original intended purpose because of wear, damage, defect, or rejection. 2.136 "WASTE TIRE COLLECTOR" means a person who owns or operates a site used for the collection, storage or deposit of more than fifty (50) waste tires. 2.137 "WASTE TIRE DUMP" means an establishment, place of business or site without a county license or department approval that is maintained, operated, used or allowed to be used for the collection, storage, or disposal o f unprocessed waste tires that is in violation of this ordinance and is a public health and safety hazard or a public nuisance. 2.138 "WASTE TIRE PROCESSING" means the production or manufacture of usable materials, including fuel from waste tires, and including necessary incidental temporary storage activity, but excluding final disposal. 2.139 "WETLANDS" means a surface water feature classified as a wetland in the United States Fish and Wildlife Circular No. 39 (1971). 2.140 "WOOD WASTE" means solid waste composed primarily of wood that has not been chemically treated or coated, including tree and shrub waste that has been removed from its original location. 2.141 "YARD WASTE" means garden wastes, leaves, lawn cuttings, weeds, shrub and tree waste, and prunings generated at residential, commercial, or public properties. 2.142 "YARD WASTE COMPOSTING FACILITY" means a site or facility established for the controlled biological degradation/decomposition of yard waste into a stable, humus-like end product. [Remainder of page left intentionally blank.] SECTION 3.00 GENERAL PROVISIONS Page 12 SECTION 3.00 GENERAL PROVISIONS 3.01 GENERATOR REQUIREMENTS. A. The following waste may not be placed for collection with mixed municipal solid waste: 1. Source separated recyclables 2. Source separated organics, unless the source separated materials are contained in a durable compostable bag which will be separated for composting or anaerobic digestion. 3. Wastes listed in section 6.05(F) 4. Effective July 1, 2020, the designated list of recyclables generated by commercial entities and public entities subject to Minnesota Statute 115A.151 5. Effective January 1, 2021, the designated list of recyclables generated by all commercial entities 6. Effective January 1, 2021, the designated list of recyclables generated by residential sources 7. Organics generated by large commercial organics generators as detailed in 16.04 B. The following waste may not be placed for collection in a recycling collection container: 1. Municipal solid waste 2. Infectious waste 3. Wastes listed in section 6.05(F)(2), except for telephone directories 4. Designated list of contaminants C. Yardwaste: 1. It shall be unlawful and a violation of this ordinance for any person to dispose of yard waste in mixed municipal solid waste. 2. It shall be a violation of this ordinance for any person to place for collection in Dakota County, yard waste, unless it is: (1) placed in paper bags or other biodegradable containers that will decompose within the time period that the yard waste placed in the container(s) decomposes; or (2) placed in a reusable container that the hauler or person supplies to collect the yard waste. D. Scavenging: 1. Scavenging of recyclable materials is prohibited. It shall be unlawful and a violation of this ordinance for any person other than employees of the county in the scope of their employment or the collector or hauler for the property to collect, remove, or dispose of recyclable materials after said materials have been placed or deposited for collection. E. DISPOSAL OF SOLID WASTE. Unless otherwise provided in this ordinance, no person shall, within Dakota County: 1. Intentionally dispose of any solid waste except at a solid waste facility licensed by the county. 2. Use or allow property or land under the person’s control to be used for intermediate or final disposal of solid waste unless licensed by the county board to do so. 3. Burn solid waste, with the exception of clean wood or small amount of paper to start a recreational fire. F. MANAGEMENT OF SOLID WASTE. Prior to disposal, all solid waste must be managed to: 1. Prevent litter 2. Protect waste from vector populations 3. Minimize odors SECTION 3.00 GENERAL PROVISIONS Page 13 4. Protect from the elements 5. Prevent public health nuisances 3.02 LICENSE REQUIRED. A. LICENSE REQUIRED. Unless otherwise provided in this ordinance, any solid waste facility to be established, operated, or maintained for intermediate or final disposal of solid waste must be licensed by the county and, if applicable, permitted by the MPCA before operation may commence. B. LICENSING NOT EXCLUSIVE. The obtaining of a solid waste facility license shall not be deemed to exclude the necessity of obtaining other appropriate licenses or permits except as expressly provided herein. Compliance with the provisions of this ordinance shall not relieve any person of the need to comply with any and all other applicable rules, regulations, and laws. C. PRIVATE ON-SITE FACILITIES. A private on-site waste facility operated by and exclusively for the owner or lessee of the property shall be licensed by the county in accordance with regulations adopted by the MPCA or this ordinance if more stringent. 3.03 REQUIREMENTS FOR OBTAINING SOLID WASTE LICENSE. A. APPLICATION FOR LICENSE. Solid waste facility license applications shall be submitted to the department on forms provided by the department. Applicants shall provide all information as required for the administration of this ordinance. B. SEQUENCING. No license application will be considered until written proof that the local governing body has considered the establishment of the site or facility and the results of that consideration are provided to the department in accordance with the Dakota County Sequencing Ordinance (Ordinance No. 119). C. CONTENTS OF LICENSE APPLICATION. The license application shall include two sets of complete plans, specifications, design data, ultimate land use plan if applicable, proposed operating procedures an d such other information as may be required by other sections of this ordinance or by the county, all prepared by a registered professional engineer of Minnesota. D. LICENSE HOLDER. In each application for a solid waste facility license the operator shall be named as the proposed licensee. The county may require the facility owner or landowner to be named as co -licensee. The facility owner or landowner may request to be named co -licensee. Co-licensees are jointly and severally liable for ordinance violations. E. LICENSE FEES. The application fee shall accompany the initial application for a solid waste facility license. The license fee and all other required fees in the amounts established by county board resolution shall be due by the date specified in the county board resolution approving the license. Solid waste facilities that are in the closure period shall continue to be licensed by the county and pay license fees in an amount established by the county board until county board approval of the certif ication of closure. F. INCOMPLETE OR NON-CONFORMING APPLICATION. If an application for a solid waste facility license or license renewal is not complete or otherwise does not conform with the requirements set forth in this ordinance, the department shall advise the applicant in writing of the reasons for non-acceptance within sixty (60) days of the application receipt. The department may request that the applicant resubmit, modify, or otherwise alter the application. The applicant shall comply with such re quests within the time specified by the department. G. HAULER EXCEPTION. This section does not apply to applications for licenses for the collection and transportation of solid waste. Licensing requirements for haulers are set forth in section 15.00 below. SECTION 3.00 GENERAL PROVISIONS Page 14 H. PILOT PROJECTS. The county board may grant a variance from specific licensing requirements, and assess application and license fees different from those in the established solid waste facility fee schedule for solid waste facilities, for pilot projects that initiate solid waste management methods on a trial basis for a defined period of time to determine the feasibility of the particular method employed. I. NONCONFORMING SITES. Any solid waste facility to be established, operated, or maintained for intermediate or final disposal of solid waste that has any nonconforming site present on the property, whether historical or present, shall first comply with section 14.00 below and other applicable sections of this ordinance before making application to the department for licensing as a solid waste facility. J. FAILURE TO ACT ON LICENSE APPLICATION. If the county fails to act within ninety (90) days of receipt of a properly completed initial application, the applicant may request a hearing on the appl ication. The hearing request shall be in writing stating the grounds for the appeal and served on the county board by personal service or certified mail with a copy to the department. The request for hearing shall be governed by section 3.17. K. NOTICE OF DENIAL AND RIGHT TO APPEAL. If the county denies a license to an applicant, the applicant shall be notified of such denial in writing. The denial shall be served by the department by personal service or by certified mail to the address designated in th e license application. Service by certified mail shall be deemed to be complete upon mailing. The applicant may appeal the license denial by filing a request for an appeal hearing. The appeal hearing request shall be in writing stating the grounds for the appeal and served on the county board by personal service or certified mail with a copy to the department within ten (10) county working days of the service of the license denial, exclusive of the day of service. Following timely service of a request for a hearing, the county board shall set a time and place for the hearing pursuant to section 3.17. L. MULTIPLE OPERATION FACILITIES. The county board, at its discretion, may issue one license to a person who operates or proposes to operate two or more solid waste facilities within the same site boundary. This multiple operation license may be approved when the combined operation of two or more solid waste facilities is such that administration and enforcement of this ordinance and license conditions are most efficiently or appropriately served by one license. Each solid waste facility licensed under the multiple operation license must comply with all of the requirements of this ordinance that apply to solid waste facilities of that type, including the payment of application and license fees. The department shall work with a person operating or proposing to operate under a multiple operation license to avoid unnecessary duplication and efforts in license application, record keeping and reporting processes . The issuance of a multiple operation license shall be based on recommendation by the department to the county board or request by the facility and approval by the county board. Renewals of a multiple operation license may be issued by the department if originally issued by the county board. 3.04 DUTY TO COMPLY WITH LICENSE CONDITIONS. A. OPERATIONAL CONDITIONS. The licensee shall comply with the operational conditions stated in the solid waste facility license as approved by the county. Major modifications (section 3.14) of the operation by the licensee, as determined by the department, must be approved by the county board. Failure of the licensee to comply with such operational conditions or any major modifications to the same is a violation o f this ordinance and the licensee is subject to the penalties provided herein. B. LICENSE WITH SPECIAL CONDITIONS. A license may be granted that is contingent upon compliance with special conditions specified in the license. Such conditions, if any, shall be designed to promote the health, welfare and safety of the public and to protect the environment pursuant to this ordinance. Failure of the licensee to comply with such special conditions is a violation of this ordinance and is subject to the penalties provided herein. SECTION 3.00 GENERAL PROVISIONS Page 15 3.05 REQUIREMENT TO SUBMIT A CLOSURE PLAN. Unless otherwise provided by the county board, issuance of any solid waste facility license pursuant to the provisions of this ordinance shall be contingent upon the applicant submitting to the county a closure plan. This closure plan must address closure of the facility in a manner that eliminates, abates, mitigates, or controls the escape of pollutants to soil, ground or surface waters, or to the atmosphere during the closure and post-closure period. This closure plan requirement also applies to nonconforming sites. A. COUNTY REVIEW OF CLOSURE PLANS. All solid waste facility closure plans shall be subject to review, adjustment, and approval by the county at the time of licensure. The county shall act on the adequacy of each closure plan on or before December 31 of each calendar year in which a license is renewed or at such other times as may be appropriate. B. COUNTY APPROVAL OF CLOSURE PLANS. Determination of adequacy of closure plans for solid waste facilities and nonconforming sites shall be reviewed, evaluated, and approved by the department pursuant to section 3.06. 3.06 CLOSURE PLAN REQUIREMENTS. A. APPLICABILITY. The requirements of this section are applicable to the closure and post-closure activities of all licensed and unlicensed intermediate and final disposal sites and nonconforming sites located within the county. The department, in consultation with the applicant, shall determine whether any requirements do not apply to the site or facility. The department may require information in addition to that required in this section. B. CONTENTS OF CLOSURE PLAN. The closure plan shall address, at a minimum, each of the following areas unless otherwise determined by the department: 1. Dates of Operation. The closure plan must indicate the first day waste was/will be accepted and the estimated last day of acceptance of waste for disposal. 2. Chronological Record of Waste Acceptance. The closure plan must provide a chronological history of the phases, lifts, cells, direction, area and depth, and cover of disposed waste. The history must be correlated with section 3.06(B)(3) below (types, composition, and dates of acceptance of waste). This part of the closure plan must be updated at the time of re-licensure. 3. Notarized Affidavits. The closure plan shall indicate the type of waste accepted by providing at least two notarized affidavits from persons knowledgeable about the disposal site. The affidavits shall list the types, composition, and volume of waste disposed of on the property and include the names of haulers and generators, waste locations, and approximate waste disposal dates. The affidavits shall be accompanied by supporting documents including: tests, manifests, ha uling records, generation records, list of co-disposals, segregated disposal and hazardous wastes accepted. Such affidavits shall include disclosure by the disposal site owner, operator, and/or employees who have knowledge of the above. This part of the closure plan must be updated at the time of re- licensure. 4. Lists of Names of Important Persons. The closure plan shall provide a list of individuals (names, affiliations, addresses, telephone numbers) who are knowledgeable of the siting, design, construction, operation, maintenance, and closure of the site. It should include the location of the disposal site, operating records (gate receipts, tax records), consulting engineers, attorneys, property owners, government officials, and neighbors (commercial, industrial, residential, agricultural). SECTION 3.00 GENERAL PROVISIONS Page 16 5. Copies of Important Regulatory Documents. The closure plan may reference state, county, and local government documents pertinent to the closure plan. These shall then be considered part of the closure plan. 6. Deviations from Specifications. The closure plan shall provide a description and documentation of any deviations from previously approved and/or planned site design, construction, operations, maintenance, closure, post-closure engineering design plans and specifications. Such deviations may be subject to county board approval. 7. Narrative Report. The closure plan must provide narratives of how the facility will be physically closed, in a manner that provides for each of the following: a. Access control. Description of site security (fences, gates, berms) provided by the operator. b. Final Cover. Thickness and type of final cover material approved by the department (describe location of cover material, engineer's report on tests, costs for purchase, transport, and application). This is not applicable to intermediate disposal facilities. c. Landscape Maintenance. Elimination of volunteer vegetation (trees, deep-rooted brush, plants). This is not applicable to intermediate disposal facilities. d. Establishment of Vegetation. Establishment of approved vegetation that promotes drainage and evapotranspiration, and controls erosion. e. Slopes. Minimum of 3% and maximum of 20% slope over entire fill for sanitary landfills and special waste landfills and a minimum of 2% and maximum of 20% for demolition waste landfills. This is not applicable to intermediate disposal facilities. f. Cover Maintenance. Elimination of settlement, subsidence or collapse by appropriate repair with cover material and re-establishment of vegetation and slope-drainage pattern. This is not applicable to intermediate disposal facilities. g. Drainage. Drainage plan, including diversions, ditches, under-drains and ponds (all man-made and natural structures). h. Covenants and Easements. Location and description of all covenants and easements for the site. i. Pipelines and Utilities. Location of pipelines, powerlines, telephone lines, roads, government boundary markers, monuments, and other survey points present at the facility site. j. Timeframes. The timeframes within which the solid waste facility’s closure actions will be completed. k. Post-Closure Maintenance Plan. A post-closure maintenance plan, addressing self-inspection frequency, designated responsible person, record keeping, access control, site security, final cover thickness, settlement repair, slope, erosion control mechanisms, turf maintenance, vegetation maintenance, vermin control mechanisms, odor control, dust control, leachate seeps, gas venting mechanisms, vandalism, illegal dumping or other illegal use of property, elimination of volunteer vegetation, flood damage, water and methane monitoring well maintenance, sample collection, analysis frequency, parameters to be analyzed, and updating of plans and specifications if any changes are required. 8. Narrative of End Use. The closure plan must provide a narrative of the proposed end use of the facility or nonconforming site. The narrative shall include the proposed zoning, municipal permitting, SECTION 3.00 GENERAL PROVISIONS Page 17 structures, including parking lots, utilities, and types of vegeta tion to be planted, for each step leading to the intended final use of the property. 9. Drawings and Engineering Plans. The closure plan must provide drawings and engineering plans that depict the proposed method of closing the site, including each of the following: a. Existing Conditions Map. An existing conditions map that provides the contours of the site(s) existing at the time of the proposed closure. The scale of the map must be 1" = 200' with a contour interval of two feet. b. Final Contour Map. A final contour map describing the final contours that will be established at the site. The scale of the map must be 1" = 200', with a contour interval of two feet. All proposed landfill contours shall be designed with proper slope to prevent ponded water conditi ons. c. Cross Section or Profile Maps. Cross sections or profiles shall be referenced in the final contour map and shall depict at least two typical cross sections or profiles of the site. The cross sections or profiles shall be provided in at least north/s outh and east/west directions through the site. Information depicted on the cross sections shall include depth of water table, geologic subunits underlying the site, depth of waste material, depth of each layer of final cover material, including topsoil thickness and vegetation. Additional cross sections or profiles may be necessary to identify and describe changes and deviations and variable site conditions. If monitoring wells are present, indicate their locations on the map and include any relevant documents such as well logs. d. Surface Drainage Plan. A surface water drainage plan at a scale of 1" = 200'. Drainage patterns shall be indicated by arrows. The design of the surface drainage must be compatible with that of the surrounding area. All surface runoff from areas tributary to the disposal site(s) must be diverted away from the disposal areas. Drainage devices such as channels or culverts to bypass storm runoff from processing or disposal areas should be adequately sized to carry the required flow capacity (ordinarily designed for 100-year flood). Describe drainage properties of waste materials or leachate. The plan should evaluate the downslope drainage patterns of the disposal site(s) and the most likely spots that wastes or leachate may appear as a surface water discharge. In areas where there is a potential for surface water discharge of leachate, subsurface underdrains and interceptors underlying a disposal site, or special collection facilities at the downslope/downgradient side may have to be p rovided to ensure leachate collection and treatment as approved by the department. e. Other Plans and Specifications. In addition to the plans, drawings, and specifications required, it may be necessary to prepare additional documents to depict other design features such as well installation and liner design. 10. Evaluation of Leachate and Gas Generation and Migration. The owner or operator of the site or facility must evaluate the potential for leachate and gas generation and migration. The evaluation must be based on a number of factors including, but not limited to: the site location; boundaries and area/depth of waste disposal; the types of waste present (including prohibited waste); and proximity to homes and other dwellings and sensitive environments such as lakes, rivers, and wetlands. A negative evaluation does not preclude the requirement of a reevaluation at a later date. 11. Gas and Leachate Monitoring Plan. If there is a potential for gas and leachate generation and migration based on the evaluation (section 3.06(B)(10) above), provide plans and specifications for monitoring. The plans shall be prepared by a registered engineer or other knowledgeable professional certified or recognized by the State of Minnesota, and shall be designed for a minimum of thirty (30) years after closure or such other time period stated in the approved closure plan, as well as conform to all applicable statutes, regulations, rules and ordinances. SECTION 3.00 GENERAL PROVISIONS Page 18 a. Gas Monitoring. The plans and specifications shall provide suitable site dra wings that include the locations of the proposed gas monitoring points, the site boundaries and the limits of the waste fill, property lines, adjacent structures within one-quarter mile or within the drainage of any nearby surface waters. The plan must also specify the types of testing that will be done, the types of equipment and materials to be utilized, and the qualifications of the staff who will utilize it. In the event that shallow probes made with a bar hole punch or another approved method are determined by the department to be inadequate to assess methane and other gas generation and migration, a permanent sampling point gas monitoring system must be installed. Any approved gas sampling system shall be designed to permit steady-state conditions to develop at the sampling horizon and provide representative sampling of landfill gases on at least a monthly basis until there is reasonable verification that gases will not be generated at the site(s) and/or migrate. b. Surface Water and Ground Water Monitoring. The plans and specifications must be prepared by a qualified hydrologist or other knowledgeable professional certified or recognized by the State of Minnesota and must propose a surface and ground water monitoring system that includes the loca tion and description of the monitoring system, site boundaries, the limits of the waste fill, the property line, all surface water bodies, hydrogeology and all known wells and boreholes. The proposed design must describe the monitoring plan in sufficient detail to permit the department to determine construction and operation, sample and data collection, selected parameters, and analytical methods. In consultation with a qualified hydrologist or other knowledgeable professional certified or recognized by the State of Minnesota, the groundwater monitoring plan must initially provide for a minimum of three monitoring wells (two downgradient and one upgradient) or such other arrangement as approved by the MPCA and the county. Additional monitoring wells may be required. The plan must also include an initial sampling following well development and completion, and propose a frequency of monitoring for MPCA routine and extended water monitoring parameters. Thereafter, at a minimum, samples must be collected three times per year in May, July, and October for the analysis of MPCA routine parameters, and once per year in July for MPCA extended parameters. 12. Contingency Planning. The closure plan must identify all contingency actions (remedial and/or corrective actions) necessitated by the detection of significant concentrations of landfill leachate or gas, or indicators thereof, as well as all other accidents, hazards, and acts of nature, that may reasonably occur after the closure period. 13. Closure/Post-Closure Cost Estimates. The closure plan must determine the costs of completing all outstanding work including any engineering plans and reports, costs of placing cover material and vegetation where applicable, and all other costs necessary to close out and maintain the site. Post- closure contingency action costs must also be included. If equipment, material, or labor will be provided by the owner or operator, the fair market value of such costs must be reported such that the total estimated costs represent the costs that would be charged to a third party if not completed by the owner or operator. The solid waste facility closure plan shall also specify the mechanism(s) to be used to provide financial assurance and, if applicable, the schedule of payments into the financial assurance account, if a cash account or trust has been established. SECTION 3.00 GENERAL PROVISIONS Page 19 C. DUTY TO NOTIFY THE DEPARTMENT OF SIGNIFICANT CLOSURE ACTIVITIES. Seven days prior to the commencement of any significant closure activity, the department must be notified by phon e and by written correspondence. Activities that meet this requirement include placement of cover material, installation of monitoring systems, and establishment of final vegetation. D. IMPLEMENTATION. The solid waste facility shall implement all actions described in the closure plan within the timeframes established in the closure plan. E. CERTIFICATION OF CLOSURE. After completion of closure actions as specified in the closure plan, the solid waste facility shall provide a certification of closure to the department. F. FINAL CLOSURE INSPECTION. The department may require final inspection to verify closure of the site(s) or portions of a site. A backhoe, bulldozer, or other suitable equipment must be available to verify the depth, consistency and suitability of the cover material. Persons in attendance should include the engineer, the owner and/or operator, and the equipment operator if other than the site operator. Representatives of other regulatory units having jurisdiction over the site(s) should also be in attendance. G. FILING OF DISCLOSURE NOTICE. Upon completion of the final inspection of a final disposal solid waste facility, the owner or operator shall file a solid waste disposal disclosure notice that meets the requirements of this ordinance with the Dakota County Property Records Department and on a form approved by the department. The department must approve such notice prior to filing. The solid waste disposal disclosure notice shall be properly signed, dated, and notarized and shall contain, at a minimum, the following information: 1. The legal description of the solid waste facility; 2. The type and location of the buried solid waste on site; 3. The cover material used to cover the solid wastes; 4. The restrictions, if any, for use of the property; and 5. A certification by the owner or operator of the solid waste facility that to the best of the owner or operator’s knowledge, the information contained in the solid waste disposal disclosure notice is true and complete. H. APPROVAL OF CERTIFICATION OF CLOSURE. Upon verification of closure, the department shall recommend to the county board that the certification of closure be approved and that all financial assurance held by the county be released, except post-closure financial assurance. I. SUPERFUND SITE. If a solid waste facility is a superfund site as provided in Minn. Stat. §115B.17 , Subdivision 11., states: “When the agency or director has requested a person who is responsible for a release or threatened release to take any response action under subdivision 1., no political subdivision shall request or order that person to take any action which conflicts with the action requested by the agency or director.” Therefore, to eliminate conflict, the MPCA must approve the Closure Plan prior to approval by the Department, if the site or facility has Superfund status. 3.07 FINANCIAL ASSURANCE FOR PRE-CLOSURE/OPERATIONAL, CLOSURE, AND POST-CLOSURE PERIODS. LICENSE CONTINGENT ON FINANCIAL ASSURANCE. Unless otherwise provided by the county board or the department, issuance of any solid waste facility license pursuant to the provisions of this ordinance shall be SECTION 3.00 GENERAL PROVISIONS Page 20 contingent upon the applicant furnishing to the department, financial assurance for pre-closure/operational and closure and post-closure periods in an amount and form set by the county board or department, and naming the county as obligee. At the time of renewal or extension of any solid waste facility license, the amount and financial assurance mechanism previously approved by the county board or department shall continue to be required subject to 3.07 (C) (4). The following applies: 1. Financial assurance is not required if the department determines closure costs are less than $10,000. 2. Financial assurance between $10,000 and $50,000 may be approved by the department. 3. Financial assurance greater than $50,000 must be approved by the county board. B. CONDITIONS. The conditions of financial assurance shall include: 1. If the licensee fails to obey any of the requirements or fails to perform any of the acts required by this ordinance during the pre-closure/operational period, closure period or post-closure period of a solid waste facility, the obligor shall release the financial assurance funds to the county. 2. The county shall reimburse the obligor all financial assurance funds previously released to the county that are not used to remedy the failure of the licensee to comply with the requirements of the ordinance, at the close of the pre-closure/operational, closure and post-closure periods, respectively. 3. The obligor will indemnify and save the county harmless from all losses, costs and charges up to the full amount of financial assurance that the county may incur resulting from the failure of the licensee to comply with the terms of its license and this ordinance. 4. Financial assurance may be canceled only upon the obligor giving the department ninety (90) days prior written notice via certified mail. 5. If any financial assurance requirements continue to apply to a solid waste facility, failure to provide the county with replacement financial assurance in the form and amount required by the ordinance and the county board at least thirty (30) days prior to the cancellation date, shall constitute a violation of the ordinance and shall be grounds for a claim against the current financial assurance. 6. The specific financial assurance mechanism(s) and amount(s) utilized by a licensee for closure and post-closure shall be specified in its closure plan in compliance with sections 3.0 7(C)(2) and 3.07(C)(3). C. REQUIREMENTS FOR FINANCIAL ASSURANCE MECHANISMS. 1. Pre-Closure/Operational Period Financial Assurance. Licensee shall provide pre- closure/operational period financial assurance through one or a combination of the following mechanisms: a. Single Access Cash Account. A single access cash account at a financial institution acceptable to the County Office of Risk Management and the Dakota County Attorney's Office. The funds in this account may only be withdrawn by or with the consent of Dakota County. The department shall notify the licensee when financial assurance funds are being withdrawn, and shall state the reasons for such withdrawal. SECTION 3.00 GENERAL PROVISIONS Page 21 b. Letter of Credit. An irrevocable letter of credit from a financial institution acceptable to the County Office of Risk Management and the Dakota County Attorney's Office. c. Bond. A surety bond from a financial institution acceptable to the County Office of Risk Management and the Dakota County Attorney’s Office. In general the surety bond must be for purposes and in an amount set by resolution of the county board and must name the County of Dakota as the obligee. Acceptable surety companies include those companies that are licensed and authorized to transact corporate surety business in the State of Minnesota and that are listed as acceptable sureties on federal bonds in Circular 570, issued by the United States Department of the Treasury, as published annually in the Federal Register on July 1. If separate pre-closure/operational period financial assurance has been provided to the county by the licensee, such financial assurance shall be released by the department when the solid waste facility enters the closure period and any pre-closure/operational period violations of the ordinance have been corrected to the satisfaction of the department. 2. Closure Period Financial Assurance. A licensee shall provide closure period financial assurance through one or a combination of the following mechanisms: a. Single Access Cash Account. A single access cash account at a financial institution acceptable to the County Office of Risk Managem ent and the Dakota County Attorney's Office. The funds in this account may only be withdrawn by or with the consent of Dakota County. The department shall notify the licensee when financial assurance funds are being withdrawn, and shall state the reasons f or such withdrawal. b. Letter of Credit. An irrevocable letter of credit from a financial institution acceptable to the County Office of Risk Management and the Dakota County Attorney's Office. c. Bond. A surety bond from a financial institution acceptable to the County Office of Risk Management and the Dakota County Attorney’s Office. In general the surety bond must be for purposes and in an amount set by resolution of the county board and must name the County of Dakota as the obligee. Acceptable surety companies include those companies that are licensed and authorized to transact corporate surety business in the State of Minnesota and that are listed as acceptable sureties on federal bonds in Circular 570, issued by the United States Department of the Treasury, as published annually in the Federal Register on July 1. d. Trust. A trust acceptable to the County Office of Risk Management and the Dakota County Attorney's Office. e. MPCA Financial Assurance Plan. An MPCA approved financial assurance mechanism. This financial assurance mechanism must be implemented and kept in good standing. The county board reserves the right to require additional financial assurance if it deems the state financial assurance inadequate to protect the county from any liability. If separate closure period financial assurance has been provided to the county by the licensee, such financial assurance shall be released by the department when the solid waste facility ent ers the post-closure period and all closure period actions as specified in the closure plan have been implemented and/or completed, as determined by the department. 3. Post-Closure Period Financial Assurance. Licensees that have post-closure period obligations at a site shall provide post-closure period financial assurance through one or a combination of the following mechanisms: SECTION 3.00 GENERAL PROVISIONS Page 22 a. Single Access Cash Account. A single access cash account at a financial institution acceptable to the County Office of Risk Management and the Dakota County Attorney's Office. The funds in this account may only be withdrawn by or with the consent of Dakota County. The department shall notify the licensee when financial assurance funds are being withdrawn and shall state the reasons for such withdrawal. b. Letter of Credit. An irrevocable letter of credit acceptable to the County Office of Risk Management and the Dakota County Attorney’s Office may be used to supplement the mechanisms stated above in sections 3.07(C)(3)(a), (b), and (c) until certification of closure is submitted to the department and approved by the county board. c. Bond. A surety bond from a financial institution acceptable to the County Office of Risk Management and the Dakota County Attorney’s Office. In general the surety bond must be for purposes and in an amount set by resolution of the county board and must name the County of Dakota as the obligee. Acceptable surety companies include those companies that are licensed and authorized to transact corporate surety business in the State of Minnesota and that are listed as acceptable sureties on federal bonds in Circular 570, issued by the United States Department of the Treasury, as published annually in the Federal Register on July 1. d. Trust. A trust acceptable to the County Office of Risk Management and the Dakota County Attorney's Office. e. MPCA Financial Assurance Plan. An MPCA approved financial assurance mechanism. This financial assurance mechanism must be implemented and kept in good standing. The county board reserves the right to require additional financial assurance if it deems the state financial assurance inadequate to protect the county from any liability. 4. Annual Review and Adjustment. All financial assurance is subject to annual review by the department. Adjustments shall be based on published economic indicators deemed relevant by the County Office of Risk Management and the Dakota County Attorney’s Office and/or modifications to the solid waste facility specifications, operations, and/or closure plan. . With the approval of the County Office of Risk Management and the Dakota County Attorney’s Office, the department may approve any changes to the amount up to five percent and changes to the mechanism; the county board must approve larger adjustments made to the amount of financial assurance. 5. Failure to Comply with License Conditions. If the licensee fails to abide by any license conditions, the county board may adjust the financial assurance requireme nts, including the amount and mechanism(s) required. 3.08 INSURANCE REQUIRED; SOLID WASTE FACILITIES. A licensee shall provide and maintain at all times during the term of the license, such insurance coverages as set forth in this section and 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 license indemnity provisions. The provisions of this section shall also apply to all subcontractors, sub-subcontractors, and independent contractors engaged by the SECTION 3.00 GENERAL PROVISIONS Page 23 licensee with respect to the license. The licensee shall be entirely responsible for securing the compliance of all such persons or parties with these provisions. A. WORKER'S COMPENSATION. 1. Worker's compensation insurance shall be in compliance with all applicable state statutes. Such policy shall include employer's liability coverage in at least such amounts as are customarily issued in Minnesota and an all states or universal endorsement, if applicable. 2. In the event a licensee is a sole proprietor and has elected not to provide workers' compensation insurance, the licensee shall be required to execute and submit to the department an affidavit of sole proprietorship in a form acceptable to the department. B. GENERAL LIABILITY. 1. Commercial general liability coverage (Insurance Services Office form title), providing coverage on an "occurrence", rather than on a "claims made" basis, which policy shall include, but shall not be limited to, coverage for bodily injury, property damage, personal injury, contractual liability (applying to this contract), independent licensees, "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 that is at least as broad. An Insurance Services Office "Comprehensive General Liability" policy that includes a "Broad Form Endorsement", GL 0404 (Insurance Services Office designation) shall be considered to be an acceptable equivalent policy form. 2. The licensee shall maintain at all times during the period of the license a total combined general liability policy limit of at least $1,000,000 for each occurrence and $2,000,000 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 "C ommercial General Liability" policy (or equivalent underlying policy). 3. 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 comprehensive general liability policy become reduced or exhausted. C. AUTOMOBILE LIABILITY. Business automobile liability insurance shall be obtained and shall cover liability for bodily injury and property damage arising out of the use, maintenance, or operation of all owned, non - owned and hired automobiles and other motor vehicles. Such policy shall provide total liability limits for combined bodily injury and/or property damage in the amount of at least $1,000,000 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 the licensee's commercial general liability policy, such business automobile liability policy shall also include coverage for motor vehicle liability assumed under contract. D. ADDITIONAL INSURANCE. The county may require a licensee to undertake an annual insurance evaluation, conducted by an independent evaluator selected by the county, which evaluator shall be SECTION 3.00 GENERAL PROVISIONS Page 24 reasonably acceptable to licensee. The county may, at any time during the period of the license, require that licensee secure any additional insurance, or additional feature t o existing insurance, as is recommended by such evaluation as reasonably required for the protection of the county's interests or those of the public. In such event, licensee shall proceed with due diligence to make every good faith effort to promptly comply with such additional requirement(s). E. EVIDENCE OF INSURANCE. A licensee shall promptly provide the department with evidence that the insurance coverage required hereunder is in full force and effect at least twenty (20) days prior to the granting of a license by the county board. At least thirty (30) days prior to termination of any such coverage, licensee shall provide the department 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 a "Certificate of Insurance" or in such other form as the department may reasonably request and shall contain sufficient information to allow the department to determine whether there is compli ance with these provisions. At the request of the department, the licensee shall, in addition to providing such evidence of insurance, promptly furnish the department with a complete (and if so requested, 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 a sixty (60) day notice to the department prior to the effective date of policy cancellation, non-renewal, or material adverse change in coverage terms. The licensee's insurance agent shall certify on the certificate of insurance that he/she has error and omissions coverage. F. INSURER: POLICIES. All policies of insurance required by this ordinance shall be issued by financially responsible insurers licensed to do business in the State of Minnesota, and all such insurers must be acceptable to the department. Such acceptance 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, the department shall have twenty (20) business days from the date of receipt of a licensee's evidence of insurance to advise the licensee in writing of any insurer that is not acceptable to the county. If the department does not respond in writing within such twenty (20) day period, the licensee's insurer(s) shall be deemed to be acceptable to the county. G. LOSS INFORMATION. At the request of the department, the licensee shall promptly furnish loss information concerning all liability claims brought against a licensee (or any other insured under licensee's required policies) that may affect the amount of liability insurance available for the benefit and protection of the county under this ordinance. Such loss information shall include such specifics and be in such form as the department may reasonably require. 3.09 INDEMNIFICATION OF COUNTY. To the fullest extent permitted by law, a licensee shall indemnify Dakota County, its officers, employees, agents, and others acting on their behalf, to hold them harmless, and to defend and protect them from and against any and all loss, damage, liability, cost and expense (specifically including attorneys' fees and other costs and expense s of defense), of any sort whatsoever, based upon, resulting from, or otherwise arising in connection with any actions, claims or proceedings (of any sort and from any source whatsoever) brought, or any loss, damage or injury of any type whatsoever sustained, by reason of any act or omission of a licensee, its officers, employees or agents, or any other person(s) or entity(ies) for whose acts or omissions, a licensee may be legally responsible, in the performance of any of a licensee's obligations (whether expressed or implied) under this ordinance. 3.10 TERM OF LICENSE; RENEWAL; REISSUANCE; LICENSE NOT TRANSFERABLE. This section applies to the licensure of solid waste facilities. The issuance and renewal of solid waste hauler licenses are governed by section 15.00 of this ordinance. A. TERM OF LICENSE. SECTION 3.00 GENERAL PROVISIONS Page 25 1. Unless otherwise provided by the county board, the initial term of a solid waste facility license granted pursuant to the provisions of this ordinance shall be for up to one year but shall expire on December 31 of the year the license is granted, unless sooner suspended or revoked. 2. Unless otherwise provided by the county board, the term of a solid waste facility license that is renewed pursuant to the provisions of this ordinance shall be two yea rs but shall expire on December 31 of the second year, unless sooner suspended or revoked. 3. Unless otherwise provided by the county board, the term of a solid waste facility license that is amended during the license term, shall be until December 31 of the year the license is amended, except if the amendment is granted after July 1, in which case the term shall be until December 31 of the second year, unless sooner suspended or revoked. B. RENEWAL. Application for renewal of a solid waste facility license shall be made in writing to the department by October 1 of the expiration year and shall be signed by an individual authorized to act on behalf of and bind the licensee. Application for a solid waste facility license renewal shall contain a statement of any changes in the information submitted from the last approved solid waste facility license application. The licensee shall submit to the department financial assurance information including the financial assurance mechanism used, the amount of bond or letter of credit, cash on deposit, amount in a depository account or trust account and other information requested on a form provided by the department. Failure to submit such information is grounds for revocation or for not granting renewal of the sol id waste facility license by the county board. If there are no changes in financial assurance, it shall be so stated in the solid waste facility license renewal application. C. DENIAL OF RENEWAL AND RIGHT TO APPEAL. If an application for license renewal is denied, the county shall notify the applicant in writing of the denial. The notification shall be served by the county by personal service or by certified mail to the address designated in the license application. Service by certified mail shall be deemed to be complete upon mailing. The applicant may appeal the denial of license renewal by filing a request for an appeal hearing. The appeal hearing request shall be in writing stating the grounds for the appeal and served on the county board by personal service or certified mail with a copy to the department within ten (10) county working days of the service of the notification of the denial of license renewal, exclusive of the day of service. Following timely service of a request for hearing, the county board shall set a time and place for the hearing pursuant to section 3.17. D. REISSUANCE. A solid waste facility license that has terminated without being renewed may be reissued by the county board, provided that said license was not terminated for failure to comply with special conditions or for suspension or revocation, provided that the facility did not operate during the period for which no license was granted and provided that the facility is in full compliance with this ordinance. E. LICENSE NOT TRANSFERABLE. Any license granted under this ordinance may not be transferred. 3.11 FEES. A. APPLICATION FEES. The county board shall establish, by resolution, application fees to process license applications required by this ordinance. B. LICENSE FEES. The county board shall establish, by resolution, license fees required by this ordinance. License fees shall be established each year for the subsequent calendar year, except for hauler license fees, which shall be established by March 1st of each year. C. FEE FOR SERVICE. The county board shall establish, by res olution, a fee for service and such other fees as determined by the department to be appropriate and exclusive of the aforementioned fees. SECTION 3.00 GENERAL PROVISIONS Page 26 3.12 OFF-SITE REUSE OF MINIMALLY CONTAMINATED SOIL FROM DEVELOPMENT PROJECTS AND ROAD CONSTRUCTION PROJECTS. A. DEFINITION OF MINIMALLY CONTAMINATED SOIL. For purposes of this section, “minimally contaminated soil” means excess soil from a development project or a road construction project that is not clean fill as defined in section 2.13 above, but which meets all of the following field screening and contaminant concentration criteria: 1. Contains less than one percent by volume solid waste, debris, or asbestos-containing material and is free from visual staining and chemical odor; 2. Organic vapors less than 10 ppm, as measured by a photoionization detector (PID); 3. For petroleum-impacted soil, less than or equal to 100 mg/kg diesel range organics (DRO)/gasoline range organics (GRO); and 4. For contaminants detected in soil, less than or equal to the MPCA’s Residential Soil Reference Values (SRVs) and Tier 1 Soil Leaching Values (SLVs) except for the following modification: a. Lead – 100 ppm. For purposes of this section, minimally contaminated soil is not a solid waste. B. USE OF MINIMALLY CONTAMINATED SOIL. Notwithstanding any provision in this ordinance to the contrary, minimally contaminated soil may be reused as fill on real estate parcels located within the county that are zoned industrial or commercial by the applicable zoning authority; subject to the conditions set forth in section 3.12(B)(1)-(5) below. 1. Prohibited Placement Locations. Placement of minimally contaminated soil is prohibited at the following locations: a. Residential or recreational properties, schools, playgrounds, or daycare facilities. b. Gardens or real estate parcels zoned as agricultural by the applicable zoning authority. c. Within 10 vertical feet of the groundwater table. 2. Exclusions. a. Any excess soil and other material generated at a redevelopment site that is regulated as either solid or hazardous waste must be managed according to applicable solid waste or hazardous waste laws, including: i. Soil that is characteristically hazardous or contaminated due to a release of a listed hazardous waste, as defined in Minn. R. ch. 7045. ii. Waste material such a salvaged bituminous, crushed concrete, bricks, fly ash, etc. proposed to be reused as fill. The beneficial reuse of solid waste is governed by section 6.08 of this ordinance. b. The management and reuse of dredged material may be regulated by permit or subject to other regulations. Information about the management of dredged materials may b e obtained from the MPCA. SECTION 3.00 GENERAL PROVISIONS Page 27 3. Sampling. a. Sampling Decisions. Decisions of whether to sample soil for contamination prior to reuse under this section should be based on the history of the source area, the nature of the source material, the extent to which the soil has been previously characterized, and other factors that are part of a due diligence assessment of the environmental condition of the source property. If the soil originates from a site where known or potential sources of contamination are present, samples of the soil must be collected for field screening and laboratory analyses. Examples of sites where environmental due diligence may reveal known or potential sources of contamination include sites where contamination was previously identifi ed as a result of regulatory action or voluntary investigation, previously developed sites (commercial, industrial, recreational or residential), agricultural properties, or land that may have been subject to dumping, spills or historic filling activities. b. Sample Type and Frequency. The frequency and type of samples should be based on the potential sources of contamination, the depth, volume and heterogeneity of the source material and the availability of existing data. At a minimum, analytical parameters must include volatile organic compounds, polycyclic aromatic hydrocarbons (PAHs), Resource Conservation and Recovery Act (RCRA) metals, DRO and GRO. Other contaminants of concern should be included as appropriate, based on the history of the source location. Analytical data must be recent and representative of the source material. Some soils even slightly impacted by heavy metals have the potential to leach at concentrations at or above the Toxicity Characteristic Leaching Procedure (TCLP) regulatory limit. A TCLP analysis for RCRA metals must be conducted if the soil concentration of a metal is 20 times or greater than the TCLP regulatory criteria. A typical frequency for the field screening of potentially contaminated soil using a PID is one measurement for every 10 cubic yards of soil. For analytical samples, the stockpile sampling guidance presented in Section 7.3 of the MPCA’s Site Characterization and Sampling document can be used as a frame of reference for the appropriate sampling frequency based on soil volume. Soil sampling guidelines for the MPCA’s Petroleum Remediation Program are presented in MPCA Guidance Document 4-04. c. Records. Any person removing, placing or receiving any minimally contaminated soil under this section must retain all records used in making the determination that the soil is minimally contaminated as defined in this section. The Department has the authority to inspect these records in accordance with section 3.13(C) of this ordinance. The records required by this section shall be maintained for a minimum period of 6 years. 4. Cover. Following placement, the minimally contaminated soil must not be left bare and must be covered within a reasonable amount of time with an appropriate cover material that prevents runoff and erosion. Vegetation is an acceptable cover under this section. 5. Compliance with Laws. Any person removing, placing or receiving any minimally contaminated soil must abide by all other applicable federal, state or local laws, statutes, ordinances, rules and regulations or any other legal obligation (including any environmental covenants). 3.13 ADMINISTRATION. SECTION 3.00 GENERAL PROVISIONS Page 28 A. DUTIES OF THE DEPARTMENT. The department shall be responsible for the administration and enforcement of this ordinance. The department's duties shall include, but shall not be limited to the following: 1. To review and consider all initial license applications submitted to the department for approval by the county board for operation of solid waste facilities within the county and after due consideration, the department shall recommend in writing, with documentation to the county board, that a license be granted or denied. 2. To issue renewal licenses, except in cases of major modifications or as otherwise provided in this ordinance, when no major changes in conditions or information from when the existing license was issued are identified by the licensee or come to the attention of the department. 3. To inspect solid waste facilities as herein provided, to investigate complai nts, and to identify violations of this ordinance. 4. To recommend, when necessary, to the Dakota County Attorney's Office, that legal proceedings be initiated against a certain person or facility to compel compliance with the provisions of this ordinance or to terminate the operation of the same. 5. To encourage and conduct studies, investigations and research relating to aspects of solid waste disposal such as methodology, chemical and physical considerations, and engineering. 6. To advise, consult, and cooperate with other governmental agencies in the furtherance of the purposes of this ordinance. 7. To establish and modify procedures for regulating co-disposal and to require compliance with such conditions prior to disposal. 8. To prepare agreements with responsible persons to address the closure and post-closure requirements for licensed solid waste facilities and nonconforming sites. 9. To review requests from licensed facilities for modifications of operation and to determine if such requests are major modifications to the license for purposes of section 3.1 4. The county board must approve all major modifications of operations. 10. To approve or deny requests from licensed facilities for modifications that are not major modifications. B. RIGHT OF ENTRY. Whenever necessary to perform an inspection to enforce any of the provisions of this ordinance or whenever the department has reasonable cause to believe that solid waste exists in any building or upon any premises, the department or its authorize d agent may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the department by this ordinance, provided that if such building or premises be occupied, the authorized agent shall first present proper credentials and demand entry; and if such building or premises be unoccupied, the department shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and demand entry. If such entry is refused, the department shall have recourse to every remedy provided by law to secure entry including, but not limited to administrative and criminal search warrants. C. INSPECTIONS. Inspection and evaluation of solid waste facilities or other sites w here the department has reason to believe solid wastes have been or are present shall be made by the department to ensure SECTION 3.00 GENERAL PROVISIONS Page 29 compliance with the provisions of this ordinance. The owner, operator, or occupant shall allow the department or its authorized agent access for the purposes of making such inspections as may be necessary to determine compliance with the requirements of this ordinance. The owner, operator, or occupant shall provide requested samples of waste, free of charge, to the department to allow fo r appropriate tests. The owner, operator, or occupant shall also allow the department, free of charge, to take samples and do tests, as appropriate, of soils, surface waters, ground waters, air, raw materials, products, or other material or residual present at or emanating from the site if such samples and tests will demonstrate whether the owner, operator, or occupant is in compliance with this ordinance. Because it is not always manifest to the eye or other senses that solid waste or constituents of so lid waste are present, the department shall not be required to have overt or obvious reasons to believe a violation has occurred or that solid waste or constituents indicating mismanagement of solid waste are present to take samples of wastes and other materials, as described, and do tests and monitoring as required via appropriate methods and instrumentation. The department need only have reasonable belief that solid waste has been present at the site to take samples and do tests. The owner, operator, or occupant shall allow free access at reasonable times to inspect and copy, at a reasonable cost, all business records related to an owner’s, operator’s, or occupant’s processing and disposal of solid waste. The owner, operator, or occupant shall allow the department to record and document its findings in any reasonable and appropriate manner, including, but not limited to notes, photographs, photocopies, readouts from analytical instruments, videotapes, audio recordings, and computer storage systems or other electronic media. 3.14 MAJOR MODIFICATIONS. A. REQUEST FOR MODIFICATION. Prior to undertaking any modifications to operations, a licensed solid waste facility must file a written request with the department. The department shall review the request and determine if the request is a major modification. B. MAJOR MODIFICATION DETERMINATION. Any of the following changes are considered a major modification: 1. The addition or substitution of a waste type or quantity that represents the potential for a significant environmental or public health impact. 2. An increase in the rate at which waste is accepted. 3. A change in the waste management method or addition of a new waste management or leachate management method used at a site or solid waste facility or change to the closure plan. 4. An expansion of a land disposal facility. 5. Any changes impacting the administration of solid waste management in the county, including, but not limited to solid waste surcharge and equity within the regulated community. Notwithstanding these criteria, a major modification does not include changes or modifications that: 1. are included in the license application and operations plan; 2. are in conformance with the license; and 3. will not reduce the department's ability to monitor compliance with the ordinance. SECTION 3.00 GENERAL PROVISIONS Page 30 C. NEW LICENSE REQUIRED. If the department determines that a modification to operations is a major modification, the solid waste facility must apply for and obtain a new solid waste facility license purs uant to section 3.02. County board approval is required for this new license. 3.15 ORDINANCE VIOLATIONS. For violations of this ordinance, the county may take the following actions: issuance of a warning notice; issuance of a notice of violation; issuance of a citation or complaint; issuance of an abatement order; issuance of an embargo order; issuance of an administrative penalty order if authorized by law; suspension or revocation of a license issued under this ordinance; execution of a stipulation agreement; and/or commencement of other civil proceedings. A. WARNING NOTICE. The department may issue a warning notice to any person alleged to have committed a violation of this ordinance. A warning notice shall serve to place the person on notice t hat compliance with specified ordinance requirements must occur to avoid additional enforcement actions. A warning notice may be in the form of an inspection report for a licensed facility. Service of the warning notice shall be made by first class mail or by personal service. B. NOTICE OF VIOLATION (NOV). The department may issue a notice of violation (NOV) to any person alleged to have committed a violation of this ordinance. A NOV shall serve to place the person on notice that compliance with specified ordinance requirements must occur to avoid additional enforcement actions. Service of the NOV shall be made by certified mail or by personal service. C. CITATIONS. Any person who fails to comply with the provisions of this ordinance is guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. An authorized representative of the department shall have the power to is sue citations for violations of this ordinance, but shall not be permitted to physically arrest or take into custody any violator. 1. Issuance of the Citation. Citations shall be issued to the person alleged to have committed the violation (alleged violator) either by personal service or by certified mail. In the case of a public, private or municipal corporation, the citation shall be issued to any officer or agent with express or implied authorization to accept such issuance. 2. Notice of Citation. Citations shall be made out in quadruplicate (4). One copy shall be issued to the alleged violator; one copy shall be filed with the department; one copy shall be f iled with the Dakota County Attorney’s Office; and one copy shall be filed with the Dakota County District Court, First Judicial District. 3. Form of Citation. Citations shall be on such form(s) as approved by the department and shall contain at least the following: a. The name and address of the alleged violator and when known, the owner or person in charge of the premises at which the violation occurred. b. The date, time (if known) and place of violation. c. A short description of the violation followed by reference to the section of this ordinance violated. d. The name of the person issuing the citation. SECTION 3.00 GENERAL PROVISIONS Page 31 e. The date, time, and place at which the alleged violator shall appear in court and notice that if such person does not appear, a warrant may be issued for such person's arrest. f. Such other information as the court may specify. 4. Court Appearance. The alleged violator shall appear at the place and on the date and time specified in the citation and either: a. Plead guilty to the citation and meet the requirements of the sentence imposed by the court; or b. Plead not guilty to the citation and schedule a court date for further hearing or trial. 5. Failure to Appear on the Citation. If the alleged violator does not appear at the place and on the date and time specified on the citation, the court may issue a warrant for the person’s arrest. 6. Complaint. A complaint may be issued in lieu of a citation as determined by the Dakota County Attorney’s Office. 7. Aiding and Abetting. As set forth in Minn. Stat. §609.05, a person is criminally liable for a crime committed by another if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures the other to commit the crime. A person liable for such crime is also liable for any other crime committed in pursuance of the intended crime if reasonably foreseeable by the person as a probable consequence of committing or attempting to commit the crime intended. A person who intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit a crime and thereafter abandons that purpose and makes a reasonable effort to prevent the commission of the crime prior to its commission is not liable if the crime is thereafter committed. A person liable under this section may be charged with and convicted of the crime although the person who directly committed the crime has not been convicted, or has been convicted of some other degree of the crime or of some other crime based on the same act, or if the person is a juvenile who has not been found delinquent for the act. For purposes of this section, a crime also includes an act committed by a juvenile that would be a crime if committed by an adult. D. ABATEMENT. In the event of an emergency abatement by the county as described in section 3.1 5(D)(5) below, or if a property owner does not complete corrective actions within the timeframes stated in a NOV, a stipulation agreement or a court order, the department may abate the violations by entering the property and performing the corrective actions and recover the costs of the same from the property owner through the following procedures: 1. Abatement Notice. The department shall serve an abatement notice on the property owner. a. Contents of Abatement Notice. An abatement notice shall include the following: (1) Notice that the property owner has not completed the corrective actions within the time frames required in the NOV, stipulation agreement or court order. The NOV, stipulation agreement, or court order shall be attached to the abatement notice. (2) Notice that the department or its agent intends to enter the property and commence abatement of the conditions on the property that violate this ordinance in thirty (30) days following the service of the abatement notice. SECTION 3.00 GENERAL PROVISIONS Page 32 (3) Notice that the property owner must correct the violation(s) within thirty (30) days following service of the abatement notice to avoid any civil liability for the costs of inspection and abatement that the county may incur; and (4) A statement that if the property owner desires to appeal, the property owner must file a request for an appeal hearing with the county board that meets the requirements of section 3.15(D)(2) below within ten (10) county working days of service of the abatement notice, exclusive of the day of service. b. Service. The abatement notice must be served on a property owner by certified mail or personal service. Service by certified mail shall be deemed complete upon mailing. If the property owner is unknown or absent and has no known representative upon whom the abatement notice can be served, the department shall post the abatement notice at the property on which the violation is located for a period of thirty (30) days prior to commencing abatement of the conditions on the property that violate this ordinance. The department must send a copy of the abatement notice to the Dakota County Attorney’s Office. 2. Right to Appeal the Abatement Notice. a. Request for Hearing. The property owner has the right to appeal the abatement notice. To appeal the abatement notice, the property owner must serve on the county board a written request for a hearing stating the grounds for the appeal. The written request must be served on the county board by personal service or certified mail with a copy to the department within ten (10) county working days of service of the abatement notice, exclusive of the day of service. Following the timely service of an appeal, the county board shall set a time and place for a hearing pursuant to section 3.17. b. Stay of Notice of Abatement. Pending the appeal hearing and final determination by the county board, the department shall take no further action on the abatement notice. 3. Abatement by the County. In the event a property owner does not abate the ordinance violation(s) or does not timely appeal the abatement notice, the department may expend funds necessary to abate the violation(s) from the Environmental Management fund balance in accordance with the Dakota County Bid Grant and Contracting Policy with the following qualifications: a. The department’s authorization for payment of funds from the Environmental Management fund balance is subject to the approval of the Department Director and the monetary limits for approval of fund expenditures by department heads. The Director of the Physical Development Division shall be notified of all such expenditures; and b. The county board must approve by resolution all abatement expenditures, regardless of the amount, with regard to tax forfeited property and publicly owned property. Such expenditures will be reimbursed to the Environmental Management fund at the discretion of the county board. 4. Recovery of Abatement Costs. a. The department may pursue recovery of all enforcement and abatement costs from the property owner by any means allowable by law. The costs may be assessed and charged against the real property on which the violations are located. b. The department shall keep a record of the enforcement and abatement costs and report all work done for which assessments are to be made, stating and certifying the description of the real property, lots or parcels involved and the amount assessable to each to the county manager by September 1 of each year. SECTION 3.00 GENERAL PROVISIONS Page 33 c. On or before October 1 of each year, the county manager shall list the total unpaid charges for each abatement made against each separate lot or parcel to which they are attributable under this ordinance to the county board. The county board may spread the charges or any portion thereof against the real property involved as a special assessment for certification to the county auditor and for collection. d. The department’s fund balance shall be reimbursed by the recovered costs. The county auditor shall give notice of such reimbursement to the Director of Physical Development, or designee. 5. Emergency Abatement by County. Notwithstanding the requirements of section 3.15(D)(1) and (2) in the event of an imminent threat to the public’s health, safety, or welfare, the department is authorized to immediately enter property and abate violations of this ordinance and recover the costs thereof as set out in section 3.15(D)(3) and (4). The department shall attempt to give verbal notice of the abatement to the property owner immediately, if possible, and written notice within ten (10) county working days following the first date of entry upon the property to abate the violations. The property owner shall have the right to appeal the assessment of enforcement and a batement costs to the county board pursuant to section 3.17. E. EMBARGO. The department may issue a written embargo order prohibiting the movement, removal, transport, disposal, treatment, sale, or use of any material which is or is suspected to be a so lid waste and which is being mismanaged or which the department has reason to suspect is being or will be managed in violation of this ordinance. The department shall place a tag to indicate the embargo on the suspect material. No person shall remove the tag or remove, transport, dispose, treat, sell, or use such embargoed material except as authorized by the department. Such action by the department shall not be considered to impute ownership or management responsibility upon the county. F. STIPULATION AGREEMENT. The department and a person alleged to have violated provisions of this ordinance may voluntarily enter into a stipulation agreement whereby the parties to the agreement: identify conditions on the property that require corrective action; agree on the corrective actions that must be performed by the person; and agree on the timeframes in which the corrective actions must be completed. If the person fails to fulfill the requirements of the agreement, the county may abate the violations in accordanc e with sections 3.15(D)(3) and (4); seek compliance with the terms of the agreement through a court of competent jurisdiction; or pursue other enforcement action allowed by this ordinance. G. ADMINISTRATIVE PENALTY ORDERS. If authorized by Minnesota law, the county board shall have the power to issue an administrative penalty order in accordance with Dakota County Ordinance No. 123, Administrative Penalty Orders, for violations of this ordinance, including violation of conditions of a license issued pur suant to this ordinance. H. LICENSE SUSPENSION AND REVOCATION. The county board may suspend or revoke a license for violations of this ordinance, in accordance with section 3.16 below. The department may issue a summary suspension of a license for violations of this ordinance in accordance with section 3.16(B) below. I. COMMENCEMENT OF A CIVIL COURT ACTION. SECTION 3.00 GENERAL PROVISIONS Page 34 In the event of a violation or a threat of violation of this ordinance, the county board may institute appropriate civil actions or proceedings in any court of competent jurisdiction requesting injunctive relief, to prevent, restrain, correct or abate such violations or threatened violations. The county may recover all costs, including reasonable attorney’s fees, incurred for enforcement of this ordinance. If a person does not satisfactorily complete the corrective actions set forth in a court order within the necessary timeframes, the department has the authority to enter the property and perform the corrective actions. The department may recover the costs thereof from the property owner through the court process or through the process set out in sections 3.15(D)(3) and (4). 3.16 LICENSE SUSPENSION AND REVOCATION. A. SUSPENSION. 1. Any license required under this ordinance may be suspended by the county board for violation of any provision of this ordinance. Upon written notice to the licensee said license may be suspended by the county board for a period not longer than sixty (60) days or until the violation is corrected, whichever is shorter. 2. Such suspension shall not occur earlier than ten (10) county working days after written notice of suspension has been served on the licensee or, if a hearing is requested, until written notice of the county board action has been served on the licensee. Notice to the licensee shall be made by personal service, or by certified mail to the address designated in the license application. Service by certified mail shall be deemed complete upon mailing. Such written notice of suspension shall contain the effective date of the suspension, the nature of the violation(s) constituting the basis for the suspension, the facts which support the conclusion that the violation(s) occurred, an d a statement that if the licensee desires to appeal, the licensee must file a written request for an appeal hearing with the county board within ten (10) county working days of the service of the suspension notice, exclusive of the day of service. The appeal hearing request shall be in writing stating the grounds for appeal and served on the county board by personal service or certified mail with a copy to the department within ten (10) county working days of service of the suspension notice, exclusive of the day of service. Following timely service of a request for a hearing, the county board shall set a time and place for the hearing pursuant to section 3.17. 3. Continued Suspension. If said suspension is upheld and the licensee has not demonstrated within the sixty (60) day period that the provisions of the ordinance have been complied with, the county board may serve notice of continued suspension for up to an additional sixty (60) days or initiate revocation procedures. B. SUMMARY SUSPENSION. 1. If the department finds that the public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered by the department upon notification to the Dakota County Attorney’s Office and the county board, subject to county board ratification at its next meeting. Written notice of such summary suspension shall be made by personal service or by certified mail on the licensee at the address designated in the license application. Service by certified mail shall be deemed complete upon mailing. Alternatively, the department may post copies of the notice of summary suspension of the license at the licensed facility or property being used for the licensed activity. Said posting shall constitute the notice required under this section. 2. The written notice in such cases shall state the effective date of the summary suspension, the nature of the violation(s) requiring emergency action, the facts which support the conc lusion that the violation(s) occurred and a statement that if the licensee desires to appeal, the licensee must file a request for an appeal hearing with the county board within ten (10) county working days of SECTION 3.00 GENERAL PROVISIONS Page 35 service or posting of the suspension notice, exclusive of the day of service. The appeal hearing request shall be in writing stating the grounds for appeal and served on the county board by personal service or by certified mail with a copy to the department within ten (10) county working days of service or posting of the suspension notice, exclusive of the day of service. Following timely service of a request for a hearing, the county board shall set a time and place for the hearing pursuant to section 3.17 below. 3. The summary suspension shall not be stayed pending an appeal to the county board or an informal review by the department head, but shall be subject to dismissal upon a favorable reinspection by the department or favorable appeal to the county board. C. SUSPENSION RE-INSPECTIONS. Upon written notification from the licensee that all the violations for which a suspension or summary suspension was invoked have been corrected, the department shall reinspect the facility or activity within a reasonable length of time, but in no case more than three county working days after receipt of the notice from the licensee. If the department finds upon such reinspection that the violations constituting the grounds for the suspension have been corrected, the department shall immediately dismiss the suspen sion, subject to county board ratification at its next meeting, by written notice to the licensee, served personally or by certified mail on the licensee at the address designated in the license application, with a copy to the county board and the Dakota County Attorney’s Office. The county board must make a determination at its next board meeting about whether the violations have been corrected and whether the department’s decision to reinstate the license should be ratified. D. REVOCATION. 1. Any license granted pursuant to this ordinance may be revoked by the county board for violation of any provision of this ordinance. 2. Revocation shall not occur earlier than ten (10) county working days from the time that written notice of revocation from the county board is served on the licensee or, if a hearing is requested, until written notice of the county board’s action has been served on the licensee. The notice of revocation to the licensee shall be made by personal service or by certified mail to the add ress designated in the license application. Service by certified mail shall be deemed complete upon mailing. Such written notice of revocation shall contain the effective date of the revocation, the nature of the violation(s) constituting the basis for the revocation, the facts which support the conclusion that the violation(s) occurred and a statement that if the licensee desires to appeal, the licensee must file a request for an appeal hearing with the county board within ten (10) county working days of service of the revocation notice, exclusive of the day of service. The appeal hearing request shall be in writing stating the grounds for appeal and served on the county board by personal service or by certified mail with a copy to the department within te n (10) county working days of service of the revocation notice, exclusive of the day of service. Following timely service of a request for a hearing, the county board shall set a time and a place for the hearing to be held pursuant to section 3.17 below. E. STATUS OF FINANCIAL ASSURANCE. Financial assurance issued for the facility shall remain in full force and effect during all periods of suspension, summary suspension, or revocation of the license and is subject to claim by the county in accordance with section 3.07. 3.17 HEARINGS. SECTION 3.00 GENERAL PROVISIONS Page 36 Hearings requested under sections 3.03(I), 3.03(J), 3.10(C), 3.15(D)(2), 3.15(D)(5), 3.16(A)(2), 3.16(B)(2), 3.16(D)(2), 6.05(H), 6.08(B)(10), 15.08(E), 15.08(F), 15.09(F), 15.09(G), and 17.03 of this ordinance shall be held before the county board, or a hearing examiner as provided below, and shall be open to the public. A. TIMEFRAME FOR HEARING. Unless an extension of time is requested by the appellant in writing directed to the chair of the county board and is granted, the hearing will be held no later than forty-five (45) calendar days after the date of service of request for a hearing, exclusive of the date of such service. In any event, such hearing shall be held no later than ninety (90) calendar days after the da te of service of request for a hearing, exclusive of the date of such service. B. NOTICE OF HEARING. The county board shall mail notice of the hearing to the appellant, with a copy to the department and the Dakota County Attorney’s Office, at least fifteen (15) county working days prior to the hearing. Such notice shall include: 1. A statement of time, place, and nature of the hearing. 2. A statement of the legal authority and jurisdiction under which the hearing is to be held. 3. A reference to the particular section of the ordinance and rules involved. C. HEARING EXAMINER. The county board may by resolution appoint an individual, to be known as the hearing examiner, to conduct the hearing and to make findings of fact, conclusions, and recommendatio ns to the county board. The hearing examiner shall submit the findings of fact, conclusions and recommendations to the county board in a written report and the county board may adopt, modify or reject the report. D. CONDUCT OF THE HEARING. The appellant and the department may be represented by counsel. The department, the appellant, and additional parties, as determined by the county board or hearing examiner, in that order, shall present evidence. All testimony shall be sworn under oath. All parties shal l have full opportunity to respond to and present evidence, cross-examine witnesses, and present argument. The county board or hearing examiner may also examine witnesses. E. BURDEN OF PROOF. The department shall have the burden of proving its position by a preponderance of the evidence, unless a different burden is provided by substantive law, and all findings of fact, conclusions, and decisions by the county board shall be based on evidence presented and matters officially noticed. F. ADMISSION OF EVIDENCE. All evidence that possesses probative value, including hearsay, may be admitted if it is the type of evidence on which prudent persons are accustomed to rely in the conduct of their serious affairs. Evidence that is incompetent, irrelevant, immaterial or unduly repetitious may be excluded. The hearing shall be confined to matters raised in the department's written notice of denial, suspension, summary suspension, non-renewal or revocation of a license, denial of a variance, the contents of an abatement notice, or in the appellant's written request for a hearing. G. PRE-HEARING CONFERENCE. At the written request of any party, or upon motion of the county board or hearing examiner, a pre-hearing conference shall be held. The pre-hearing conference shall be conducted by the hearing examiner, if the county board has chosen to use one, or by a designated representative of the county board. The pre-hearing conference shall be held no later than five county working days before the hearing. The purpose of the pre-hearing conference is to: 1. Clarify the issues to be determined at the hearing. 2. Provide an opportunity for discovery of all relevant documentary, photographic or other demonstrative evidence in the possession of each party. The hearing examiner or county board's SECTION 3.00 GENERAL PROVISIONS Page 37 representative may require each party to supply a reasonable number of copies of relevant evidence capable of reproduction. 3. Provide an opportunity for discovery of the full name and address of all witnesses who will be called at the hearing and a brief description of the facts and opinions to which each is expected to testify. If the names and addresses are not known, the party shall describe them thoroughly by job duties and involvement with the facts at issue. 4. If a pre-hearing conference is held, evidence not divulged as provided above shall be excluded at the hearing unless the party advancing the evidence took all reasonable steps to divulge it to the adverse party prior to the hearing and: a. The evidence was not known to the party at the time of the pre-hearing conference; or b. The evidence is in rebuttal to matters raised for the first time at or subsequent to the pre - hearing conference. H. FAILURE TO APPEAR. If the appellant fails to appear at the hearing, appellant shall forfeit any right to a hearing before the county board or hearing examiner. Appellant’s failure to appear shall also be deemed as a waiver of appellant’s right to appeal the department’s decision and the department’s decision shall stand. I. APPEAL OF COUNTY BOARD DECISION. Any appellant aggrieved by the decision of the county board may appeal that decision to any court with appropriate jurisdiction. 3.18 DATA PRIVACY. The department shall require that any data received by the department or any entity acting on behalf of the department shall be maintained according to the provisions of the Minnesota Government Data Practices Act, Minn. Stat., Chapter 13. 3.19 LIMITATIONS OF ORDINANCE NO. 110. The provisions of this ordinance apply only to solid waste. The generation, storage, processing, treating, handling, transportation, or disposal of hazardous waste is governed by the provisions of the Dakota County Ordinance No. 111 (Hazardous Waste Regulation). 3.20 FALSE INFORMATION. Intentional submission of false information shall be deemed a violation of this ordinance. 3.21 DUTY TO NOTIFY DEPARTMENT OF DELIVERY OF HAZARDOUS WASTE. Solid waste facility personnel shall notify the department, on the day of delivery, of any load or partial load of hazardous waste delivered to the solid waste facility. The notification shall consist of generator name and address, type of waste, time of delivery, name of the hauler, and action taken by solid waste facility personnel. 3.22 HIGHEST STANDARDS PREVAIL. SECTION 3.00 GENERAL PROVISIONS Page 38 Where the conditions imposed by any provision of this ordinance are either more restrictive or less restrictive than comparable conditions imposed by any provision of this ordinance or any other applicable law, ordinance, rule and regulation, the provision that establishes the higher standards for the promotion and protection of the public health, safety and general welfare shall prevail. [Remainder of page left intentionally blank .] SECTION 4.00 SOLID WASTE SURCHARGE Page 39 SECTION 4.00 SOLID WASTE SURCHARGE This section is adopted pursuant to the authorization contained within Minn. Stat. §115A.919 (county fee authority). A facility that has executed a Host Fee Agreement with the County is not subject to the provisions of Section 4.00 through 4.04 of this ordinance during the term of the Host Fee Agreement. If a facility Host Fee Agreement has expired or otherwise been terminated and the facility has not entered into a subsequent Host Fee Agreement, Sections 4.00 through 4.04 apply to the facility effective the day after expiration or termination of the Host Fee Agreement. 4.01 FEE ON OPERATORS OF DISPOSAL FACILITIES. A. BASE FEE. Operators of facilities that accept and dispose of mixed municipal solid waste in Dakota County shall pay a surcharge fee on solid waste accepted and disposed at the facility, as described in section 4.02. B. OUT-OF-COUNTY FEE. Operators of facilities that accept and dispose of mixed municipal solid waste in Dakota County shall pay an additional out-of-county surcharge fee on solid waste, as established and described in section 4.02, collected in Minnesota, but outside Dakota County, and disposed at facilities accepting mixed municipal solid waste in Dakota County. This out-of-county fee shall not apply to demolition waste that is disposed in a designated working face separate from mixed municipal solid waste or to waste disposed pursuant to a codisposal plan approved by Dakota County. All vehicles transporting solid waste shall be registered at the entrance of the solid waste facility. 4.02 AMOUNT OF FEES. The surcharge fees described in section 4.01 above shall be established and revised by resolution of the county board. The fees shall be calculated in accordance with section 4.04. Loads that are of mixed origin and are partially from Dakota County and partially from outside of Dakota County shall be subject to a prorated out -of-county fee on the portion generated outside of Dakota County. Charges for passenger cars and pick -up trucks shall be in accordance with the rules promulgated by the Minnesota Commissioner of Revenue pursuant to the Metropolitan Landfill Abatement Act and shall be prorated in accordance with the ratio between the state fee and the county fees. 4.03 EXEMPTION FROM FEES. A. WASTE RESIDUALS. Waste residuals from energy and resource recovery facilities at which solid waste is processed for the purposes of extracting, reducing, converting to energy, or otherwise separating and preparing solid waste for reuse shall be exempt from the fee imposed if there is at least an eighty-five percent (85%) reduction in the weight of the solid waste processed. To qualify for exemption under this section, residuals must be brought to the final disposal facility separately. Before any fe e exemption is allowed, the verification procedures referenced by Minn. Stat. §473.843, subd. 1(c) must be followed and submitted to the department. B. COVER MATERIAL AND LINING. When solid waste that is accepted at a mixed municipal solid waste facility is not disposed of in the body of the facility, but is used in the operation of the facility as cover material or lining material, the solid waste may be exempt from the amount of the fees charged. The generator of the waste shall continue to pay a surcharge on this waste until receiving written approval from the department as to the suitability of material for cover material or lining. SECTION 4.00 SOLID WASTE SURCHARGE Page 40 4.04 RETURNS, FEE PAYMENT EXTENSIONS AND REPORTING REQUIREMENTS. A. FILING OF RETURNS AND PAYMENT OF FEES. Any operator subject to the fees imposed by this section shall file a surcharge fee monthly return on a form prescribed by the department. The return must be signed by the operator or by a person authorized by the operator to do so. The return shall be filed with the department on or before the twentieth day of the month immediately following the month in which the solid waste was received at the facility and must be accompanied by payment of the fees described in section 4.02. B. EXTENSIONS. The department may extend for reasonable cause the time for filing returns and remittance of fees for not more than sixty (60) days. The department may require the filing of an estimated return at the time fixed for filing the regularly required return and may require the payment of the estimated surcharge fees on the basis of such estimated return. C. CALCULATION OF SURCHARGE FEE. Although all solid waste must be weighed pursuant to section 6.05(L), the Dakota County surcharge fee shall be calculated based on measurements made at the scale located at the sanitary landfill as follows: 1. Solid waste shall be measured in pounds or tons. As an alternative, solid waste may be measured in cubic yards if the volume capacity of a vehicle or conveyance is registered with and approved by the department. Any vehicle or conveyance that has not been registered with and approved by the department must pay the surcharge fee based only on weight as described in section 4.04(C)(3) below. 2. For solid waste accepted by a sanitary landfill that is measured in pounds or tons, the sanitary landfill shall use the conversion factor of one ton equals 3.33 cubic yards to calculate the surcharge fee described in this section. 3. The measurement of solid waste in pounds or tons shall be based on the difference between the tare weight of the vehicle and/or conveyance and the scale weight of the loaded vehicle and/or conveyance. 4. A sanitary landfill shall determine the volume of solid waste based on the volume capacity of the vehicle or conveyance transporting the solid waste. All loads that are measured by volume shall be considered to be at full capacity. Partial loads must pay the county surcharge based on weight or the full volume capacity of the vehicle and /or conveyance. D. MONTHLY RETURN. The surcharge fee monthly return shall include: 1. The amount of all solid waste accepted and disposed at the sanitary landfill; 2. The amount of out-of-county solid waste accepted and disposed at the sanitary landfill; 3. The surcharge fee due, computed by multiplying the total cubic yards if measured as such, or converted cubic yards if measured in pounds or tons, times the surcharge fee as set by county board resolution; 4. The out-of-county fee due, if any, on the out-of-county solid waste computed by multiplying the total cubic yards of out-of-county waste if measured as such, or converted cubic yards if measured in pounds or tons, times the surcharge fee as set by county board resolution; SECTION 4.00 SOLID WASTE SURCHARGE Page 41 5. The amount of solid waste received that is exempt from the surcharge fee imposed by this section and documentation substantiating the exemption, including the name of the generator, where appropriate; 6. Such other information as may be required by the department in order to administer this section; and 7. Every third month, a report on electronic storage media in a form acceptable to the department summarizing the solid waste received and disposed at the sanitary landfill during the previous three months, itemized by load, that shows hauler name and unique vehicle identification, the generator name, where appropriate, for solid waste exempted from the surcharge fee, waste type, tare weight, gross weight and the number of cubic yards if surcharge was asse ssed based on volume, or the number of tons if the surcharge was assessed based on weight. E. FAILURE TO FILE RETURN. If any operator required to file any return shall fail to do so within the time prescribed by this section or shall make, willfully or otherwise, an incorrect, false or fraudulent return, such operator, upon written notice and demand, shall immediately file such return or corrected return and at the time pay any fees due on the basis thereof. If such operator shall fail to file such return or corrected return, the department may make for the operator a return, or corrected return, from its knowledge and from such information as the department can obtain through testimony or otherwise and assess a fee on the basis thereof, which fee (less any partial payments for the fee covered by such return) shall be immediately paid upon written notice and demand. Any such return or assessment made by the department shall be prima facie correct and valid and such operator shall have the burden of establis hing its incorrectness or invalidity in any action or proceeding in respect thereto. Nothing in this paragraph shall preclude Dakota County from enforcing this section 4.04(E) by pursuing any other remedy authorized by law or ordinance. F. RECORDS. 1. Every operator of a sanitary landfill shall keep adequate and complete records showing: a. The total weight of solid waste accepted and disposed based solely on the difference between the tare weight of the vehicle and/or conveyance and the gross weight of the vehicle and/or conveyance by measurements made by the scale located at the sanitary landfill; b. The total number of cubic yards of solid waste accepted on a volume basis for the purpose of surcharge fee payments required by this section; c. General type or types of solid waste accepted and disposed; d. Origin(s) of solid waste accepted and disposed; e. The dates and times of deliveries; f. The hauler(s) that delivered solid waste accepted and disposed at the sanitary landfill; and g. The basis for exemption of solid waste from the surcharge fee, including the name of the generator of solid waste exempted from the surcharge fee, where appropriate. SECTION 4.00 SOLID WASTE SURCHARGE Page 42 2. Daily records shall be kept in the form prescribed by the Minnesota Commissioner of Revenue under rule promulgated pursuant to the Metropolitan Landfill Abatement Act (Minn. Stat. §§473.842 – 473.847) and the department. G. EXAMINATION OF RECORDS. The county or its designated agent shall have the right to examine and/or copy records required by this section. [Remainder of page left intentionally blank.] SECTION 5.00 INDUSTRIAL WASTE MANAGEMENT AND LAND APPLICATION OF WASTE Page 43 SECTION 5.00 INDUSTRIAL WASTE MANAGEMENT AND LAND APPLICATION OF WASTE 5.01 GENERAL REQUIREMENTS. Upon application to and approval by the county, a solid waste facility may accept industrial waste, unless prohibited elsewhere in this ordinance. Nonhazardous industrial wastes, including sludge and ash, that are determined by the department to be unacceptable for codisposal may be approved by the MPCA and deemed acceptable by the department for segregated disposal at a solid waste facility provided that they are physically separated from mixed municipal solid waste. A. INDUSTRIAL WASTE MANAGEMENT PLAN REQUIRED. Prior to acceptance of industrial waste, a solid waste facility shall have a state approved industrial waste management plan, if required by state law. The licensee shall also prepare and submit an industrial waste management plan for review by the department and approval by the county board, independent of any requirement for a state-approved plan. The industrial waste management plan that is submitted to the county may be the same plan approved by the state. At a minimum, the plan must address the requirements of Minn. R. 7035.2535, subp. 5 and this ordinance. B. EXEMPT INDUSTRIAL WASTE. The following industrial wastes are exempt from the requirements of sections 5.02(A)(1)(2)(3)(6)(7)(8), 5.02(B) and 5.02(C)(3), provided the generator does not mix t hem with or contaminate them with industrial wastes that are not exempt. 1. Empty containers that did not at any time contain hazardous material or hazardous waste. 2. Containers that previously held hazardous material, hazardous waste or acutely hazardous waste but are now “empty” as defined in the MPCA Hazardous Waste Rules, Minn. R. 7045.0127. “Empty” containers that previously held acutely hazardous waste must be accompanied by an empty container certification form that is prescribed by the department and signed by the generator. 3. The following materials used in the construction industry: a. Sewer pipe, plumbing material, hoses; and b. Window frames and glass, untreated wood, ceramic tile, linoleum flooring, sheetrock, fiberboard, fiberglass and other insulation. 4. The following materials from manufacturing processes or the retail industry: a. Packaging material made from wood, paper and plastic and metal strapping; b. Trimmings such as wood, paper, cardboard, rubber, textiles, felt, plastic, vinyl and wood sawdust; c. Plastic beads; d. Rubber, foam rubber, and rubber products; e. Finished molds for plastic, cement, rubber or other inert materials not including foundry molds; and f. Uncontaminated hoses and belts. SECTION 5.00 INDUSTRIAL WASTE MANAGEMENT AND LAND APPLICATION OF WASTE Page 44 5. The following manufactured products, not including chemical products: a. Finished household or business items such as furniture and cookware; b. Finished construction materials such as shingles and plastic sheeting; and c. Off-specification extrusion products that are manufactured with plastic beads as the raw material. 6. Waste textile materials, along with zippers, Velcro, cloth, felt, leather, and canvas. 7. The following materials from vehicle and equipment repair operations: a. Packaging material made from paper, wood and plastic; and b. Hoses, belts and other items from repaired vehicles or equipment not otherwise prohibited by this ordinance or other regulation. 8. Film scrap from silver recyclers. 9. Power belts, sanding belts, conveyor belts and sanding discs. 10. Zeolite from water purification (ion exchange) devices except for ion exchange resins from metal finishing/plating operations. 11. Ambient air filters. 12. Street sweepings as defined in section 2.00. 13. Alkaline and carbon-zinc batteries that have no added mercury and are not mixed with other hazardous batteries. 14. Non-PCB ballasts. 15. Carbon black. 16. Carpet padding. 17. Ceramic porcelain. 18. Industrial food waste (does not include restaurant waste). 19. Incandescent light bulbs. 20. Pressure tanks with valves removed. 21. Rendering and slaughter house wastes. 22. Sanitary sewer grit and bar screenings. 23. Other wastes approved in writing by the department. Records of industrial waste accepted under this section 5.01(B), including the type of industrial waste and the name of the generator, shall be kept at the solid waste facility and made available to the department upon request. 5.02 REQUIREMENTS FOR ACCEPTANCE OF INDUSTRIAL WASTE AT LANDFILLS. SECTION 5.00 INDUSTRIAL WASTE MANAGEMENT AND LAND APPLICATION OF WASTE Page 45 A. APPLICATION REQUIRED. 1. Initial Application for Approval. A landfill operator shall submit an application to the department, in accordance with the provisions of this section 5.02(A), for review and approval of each industrial waste proposed to be accepted. No industrial waste shall be accepted for disposal other than those exempted under section 5.01(B), unless the department has approved the industrial waste for disposal in writing. 2. Renewal of Approval. Applications for renewal of department approval for the acceptance and disposal of an industrial waste shall be made in accordance with the provisions of this section 5.02(A). Applications for renewal of department approval that are submitted after the expiration of a previous approval shall be considered new applications. 3. Amendments of Applications. An amendment to an application for review and disposal of an industrial waste shall be submitted whenever there is any change in the information provided in the application required under section 5.02(A)(6), once the application has been submitted to or approved by the department. A change in the volume or frequency of disposal does not require amendment of an application, unless volume or frequency are specific conditions of the department’s approval. 4. Acceptance Levels. Chemical constituents in and characteristics of industrial wastes accepted at landfills may not exceed the following acceptance levels except as provided in section 5.02(A)(5): County Limit (milligrams per liter-TCLP Leachate) Metals Arsenic 2.5 Barium 50.0 Cadmium 0.5 Chromium (Metal & CrVI) 2.5 Lead 2.5 Mercury 0.1 Selenium 0.5 Silver 2.5 Herbicides and Pesticides 2,4,5-TP 0.5 2,4-D 5.0 Chlordane 0.015 Endrin 0.01 Heptachlor (& Hydroxide) 0.004 Lindane 0.20 Methoxychlor 5.0 Toxaphene 0.25 Volatile Organic Compounds 1,1-Dichloroethylene 0.35 1,2-Dichloroethane 0.25 1,4-Dichlorobenzene 3.75 Benzene 0.25 Carbon Tetrachloride 0.25 Chlorobenzene 50.0 Chloroform 3.0 Methyl Ethyl Ketone (MEK) 100.0 Tetrachloroethylene 0.35 SECTION 5.00 INDUSTRIAL WASTE MANAGEMENT AND LAND APPLICATION OF WASTE Page 46 Trichloroethylene 0.25 Vinyl Chloride 0.1 Semi-volatiles 2,4,5-Trichlorophenol 200 2,4,6-Trichlorophenol 1.0 2,4-Dinitrotoluene 0.065 Cresol 100 m-Cresol 100 o-Cresol 100 p-Cresol 100 Hexachloro-1,3-butadiene 0.25 Hexachlorobenzene 0.065 Hexachloroethane 1.50 Nitrobenzene 1.0 Pentachlorophenol 50.0 Pyridine 2.5 Other Parts Per Million or Units Reactive Cyanide 125 ppm Reactive Sulfide 250 ppm PCBs 25.0 ppm TPH (as oil and grease) 150,000 (15%) ppm pH 4.01-11.99 units Flashpoint equal to or less than 140° F Only fully cured industrial wastes may be accepted for disposal unless otherwise approved by the department. 5. Request for Deviation From Acceptance Levels. Upon the submittal of an application by a licensee, the department may approve the disposal of an industrial waste that exceeds the acceptance levels in section 5.02(A)(4). The application must provide evidence of the stability of the industrial waste through additional sampling and statistical analysis in accordance with the methodology outlined in SW 846, Chapter 9. In the application, the licensee shall also propose additional review procedures that will be used at the landfill prior to actual industrial waste acceptance and disposal. The information included in the application shall be sufficient to assure the department that the industrial waste is not hazardous and that the industrial waste is suitable to be disposed in the applicant’s landfill. The industrial waste shall not be accepted at the landfill until the department has approved the application. 6. Application Form. Application for disposal of industrial waste shall be on a form prescribed by the department and shall include at least the following: a. Identification of the generator; b. Detailed process information; c. Detailed industrial waste description; and d. Certification by the generator and landfill of the accuracy of the information in the application and acceptance of the conditions of approval. The department may request additional information prior to final approval or denial of an application for disposal. SECTION 5.00 INDUSTRIAL WASTE MANAGEMENT AND LAND APPLICATION OF WASTE Page 47 7. Pre-approval Sampling. Industrial waste testing and sampling data shall be submitted with the application. At a minimum, pre-approval sampling shall address all of the chemical constituents and characteristics listed in section 5.02(A)(4), unless the applicant can demonstrate that sampling for a specific chemical constituent or characteristic is not necessary. An application shall be considered incomplete if sampling data is not representative of the industrial waste or has been collected inappropriately. All required information shall be supplied on a form prescribed by the department. All analytical results on an industrial waste shall be submitted with the application. 8. Fees. The industrial waste review fee, as established annually by the county board, shall be paid for each application and each amendment of an application for disposal of an industrial waste. 9. Mixed Loads. A mixed load is one load from a hauler that is composed of different industrial wastes from different generators in different locations or composed of one or more industrial wastes mixed with other solid wastes that are not industrial wastes, that is delivered to a landfill. Each generator of industrial waste in a mixed load shall make separate application for approval and pay the appropriate review fee. Before a landfill can accept a mixed load, each application for industrial waste in the mixed load must be approved by the department. 10. Combined Loads. A combined load of industrial waste is one load from a hauler that includes either similar industrial wastes from one generator at one location, or the same industrial waste from one generator but from different locations. Before a landfill can accept a combined load, the generator shall make one application for approval and pay one review fee and the application must be approved by the department. B. DEPARTMENT REVIEW AND APPROVAL. 1. Review Process. The landfill shall be notified of receipt of an application. Applications for disposal of industrial waste shall be reviewed promptly by the departm ent for completeness. Incomplete applications shall be returned to the landfill. Following a determination that an application is complete, the department shall review the application to determine if the industrial waste is acceptable for disposal in accordance with the requirements of section 5.02. The department may request additiona l information prior to a final decision on approval or denial of an application. 2. Notification of Approval. The department shall give written notification to the generator and the landfill of the department’s approval or denial of an application for industrial waste disposal. The department may place special conditions on an approval, if necessary. Department approval of the disposal of an industrial waste is conditional, and the department may revoke such approval at any time. Revocation may be based on, but is not limited to, the following reasons: a. Changes in the chemical composition of the industrial waste; b. Changes in the properties of the industrial waste; c. Changes in the process producing the industrial waste; d. Erroneous or misrepresented data or information; or e. New technological or toxicological standards. SECTION 5.00 INDUSTRIAL WASTE MANAGEMENT AND LAND APPLICATION OF WASTE Page 48 3. Term of Approval. The term of department approval for disposal of an industrial waste shall be two years, unless otherwise specified. The department approval shall expire at the end of that time, unless an application for renewal of approval is submitted to and approved by the department. C. ACCEPTANCE PROCEDURES AT THE LANDFILL. 1. Gate House Review. Each load of industrial waste delivered to a landfill for disposal, unless it is exempt under section 5.01(B) of this ordinance, shall be accompanied by a load manifest tha t clearly describes the industrial waste and identifies the generator and the origin of the industrial waste. The load manifest shall be compared to the industrial waste characterization data submitted by the generator to ensure that the industrial waste that is delivered to the landfill is the industrial waste approved by the department. Any discrepancies between the load manifest and the industrial waste characterization data must be reconciled before the load is accepted at the landfill. 2. Load Inspection and Review. All closed containers of each industrial waste shall be opened for inspection and for the sampling and analysis required under section 5.02(C)(3). Sampling and analysis of the industrial waste may be conducted on composite samples. If a composite sample fails the test, the industrial waste in each of the containers used to develop the composite sample also fails the test. Individual sampling of each container comprising the composite may be done to identify the container(s) causing the composite to fail. If the container(s) causing the composite to fail are rejected, the remaining containers may be accepted at the landfill in accordance with this section. One composite sample shall be prepared if there are less than ten (10) containers, and a composite sample of each additional ten (10) containers shall be subjected to the analysis required under section 5.02(C)(3). All containers shall be tested for VOCs as described in this section 5.02(C)(2). The containers shall be segregated as to similar industrial waste types for composite sampling. Containers holding an industrial waste that has unique characteristics shall be treated and sampled individually rather than as part of a composite. Each load shall be inspected by landfill personnel either at the gate house or at the working face. When possible, loads shall be inspected prior to dumping and all loads shall be inspected during and after dumping. Landfill personnel shall require that the hauler remain at the working face during load inspection. When the truck and driver leave the working face, the industrial waste is considered to be accepted by the landfill. At a minimum, the load inspection and review shall consist of the following procedures: a. A review of the entire load of waste, comparing the load contents to the industrial waste characterization data in the department approved application for disposal. Discrepancies shall be reconciled before the industrial waste can be accepted for disposal; b. Using a PID to check all loads that contain industrial waste. The PID shall be held within six inches of the industrial waste while the test is being performed. A reading of 25 on the PID will require that a jar headspace analysis be done. During inclement weather or at temperatures below 50° F the jar headspace technique shall be used; c. A reading of 200 on the PID while using the jar headspace technique shall require that a flash point analysis be done as described in section 5.02(C)(3)(d); and d. The department may approve an exemption from the requirements of section 5.02(C)(2)(b) and (c) on a case-by-case basis. Written requests for such an exemption shall be submitted to the department. The term of department approval shall be two years, unless otherwise specified and department approval shall terminate at the end of that time unless a request SECTION 5.00 INDUSTRIAL WASTE MANAGEMENT AND LAND APPLICATION OF WASTE Page 49 for an exemption renewal is submitted to and approved by the department prior to termination of the previous approval. An exemption request submitted at a time other than at the time of the initial or renewal application for disposal shall be charged an additional review fee by the department. A request for exemption shall include the reason for such exemption. 3. Waste Sampling and Analysis. Landfill personnel shall be trained in the use and calibration of equipment for industrial waste sampling and analysis as described in this section. The equipment that is used shall be capable of producing accurate and precise results. Prior to an industrial waste being incorporated into the working face of the landfill, a representative sample from each load, shall be analyzed for the following characteristics: a. pH - An industrial waste that tests equal to or less than 4.00 pH units or equal to or greater than 12.00 pH units must be rejected unless otherwise approved by the department. If an industrial waste varies by more than 2.0 pH units from the pH as approved in the application, the industrial waste may be rejected or the industrial waste may be further evaluated to determine its suitability for disposal. Landfill personnel must document and keep on file, at the landfill, a record of all pH data on each industrial waste stream that is accepted for disposal and any actions taken b y landfill personnel regarding acceptance or rejection of the industrial waste; b. Reactivity - An industrial waste must be tested for water, acid, and base reactivity. If an industrial waste tests positive for water reactivity, the industrial waste must be rejected. If an industrial waste tests positive for acid, the industrial waste must then be tested for cyanide and sulfide. If an industrial waste tests positive for hydrogen cyanide or hydrogen sulfide reactivity, further testing must be done to deter mine whether the concentrations of cyanide and sulfide in the industrial waste are below the acceptance levels in section 5.02(A)(4); c. Density - If an industrial waste varies by plus or minus 20% from the density in the approved application, the landfill may reject the industrial waste or may further evaluate the industrial waste before accepting it. In the event a landfill decides to accept the industrial waste, landfill personnel must document the reason for acceptance and keep the documentation on file at the landfill; and d. Flash point - An industrial waste that flashes must be rejected. The ASTM procedure [ASTM-E502-84(2000)] for determining the flashpoint of a solid shall be used. The sample of industrial waste must be at 65° - 75° F when conducting the flashpoint test. The following procedures shall be used for mixed loads and combined loads. Mixed loads and combined loads shall be sampled and analyzed prior to unloading whenever possible. Mixed loads and combined loads that cannot be sampled and analyzed prior to unload ing shall be sampled after unloading but shall not be incorporated into the working face until the analysis required in this section indicates that the mixed load or combined load is acceptable for disposal. Where it is not possible to individually sample each industrial waste in a mixed load or combined load, at least two samples shall be analyzed from a load containing two industrial wastes and at least three samples shall be analyzed from a load containing three or more industrial wastes. Where possible, industrial wastes in a mixed load or combined load that meet the requirements of this section may be segregated from industrial wastes in a mixed load or combined load that do not meet the requirements and may be accepted for disposal. SECTION 5.00 INDUSTRIAL WASTE MANAGEMENT AND LAND APPLICATION OF WASTE Page 50 4. Exemption from Requirements of Section 5.02(C)(3). The following industrial wastes are exempt from the analysis required under section 5.02(C)(3), provided such industrial wastes are not mixed with other industrial wastes that are not exempt from the analysis. Wastes that have been exempted from the analysis required by section 5.02(C)(3) must be visually inspected to ensure that the load does not contain waste that is not exempt from such requirements. a. Unopened containers of a known material where the MSDS or other manufacturer’s data is available; b. Coal ash (pH is required); c. Windshield glass; d. Non-infectious medical waste; and e. Grit and bar screening from waste water treatment plants. The department may approve an exemption from the requirements of section 5.02(C)(3) for other industrial wastes on a case-by-case basis. Written requests for such an exemption shall be submitted by landfill personnel to the department. The term of department approval shall be two years, unless otherwise specified, and department approval shall terminate at the end of that time unless a request for an exemption renewal is submitted to and approved by the department prior to termination of the previous approval. An exemption request submitted at a time other than at the time of the initial or renewal application for disposal shall be charged an additional review fee by the department. A request for exemption from section 5.02(C)(3) shall include documentation and data that indicates that the industrial waste does not exhibit hazardous characteristics, that it will not have a variable analysis, and that the industrial waste has not been treated for disposal. 5. Rejections. On the day of delivery, the landfill shall notify the department of the rejection of any load of industrial waste, the reason for such rejection, the name and address of the generator and the name of the hauler. 6. Records. Records of each load of industrial waste received and all analysis done at the landfill in accordance with the requirements of s ection 5.02(C)(3) shall be maintained by the landfill operator for three years. Such records shall include a description of discrepancies between load manifests and the actual load received, along with an explanation of how the discrepancy was reconciled. The records shall be kept on-site and made available for department review. A record of any load or portion of a load of industrial waste that is rejected by the facility shall be kept on file by the landfill operator for three years. This record shall be available to the department and shall include the generator’s name and address or the name of the hauler if the generator is unknown, contact person’s name and telephone number, industrial waste type and the reason for rejection. 7. Reporting. The landfill operator shall report the total volume of industrial waste disposed each quarter to the department in accordance with the requirements of section 6.04(O). If the composition of an industrial waste that has department approval changes, the landfill operator shall immediately cease acceptance of the industrial waste and shall notify the department within seven days, in writing, of such changes. If the landfill operator wishes to continue to accept such SECTION 5.00 INDUSTRIAL WASTE MANAGEMENT AND LAND APPLICATION OF WASTE Page 51 an industrial waste, the landfill operator shall apply for an amendment to its initial request for approval in accordance with the requirements of section 5.02(A). 5.03 REQUESTS FOR VARIANCE FROM REQUIREMENTS OF SECTION 5.02. If a landfill operator wishes to propose an alternative industrial waste acceptance program that provides a level of environmental protection equal to or greater than that provided by section 5.02, the county board may grant a variance from requirements in section 5.02. The department shall review such proposals and prepa re a recommendation to the county board based on the proposed types of industrial waste and the proposed chemical constituent acceptance levels along with the following criteria: A. QUALIFICATIONS OF ON-SITE PERSONNEL. 1. Knowledge of hazardous waste regulations, hazardous waste chemistry, and hazardous waste management; 2. Familiarity with industrial processes; and 3. Demonstrated ability to perform required work. B. PROPOSED OPERATING PROCEDURES. 1. Preapproval procedures; 2. Industrial waste acceptance/inspection procedures; 3. Industrial waste characterization procedures; 4. Acceptance/rejection criteria; 5. Laboratory procedures; and 6. Sampling plan and procedures. C. FACILITY DESIGN. 1. Liner and cell design; 2. Industrial waste holding areas; and 3. Laboratory. 5.04 USE OF INDUSTRIAL WASTE OR CONTAMINATED SOIL AS COVER MATERIAL. Industrial waste and minimally contaminated soil may be used as cover material at a landfill licensed to accept industrial waste if approved by the department and if it meets, at a minimum, the following requirements. A. INFORMATION REQUIRED. Industrial waste or minimally contaminated soils proposed for use as cover material shall first be evaluated by the landfill and only those wastes that meet all necessary requirements shall be submitted to the department for review and approval along with the following information unless this information is already on file in the department: 1. Quantity of industrial waste or contaminated soil proposed to be use d, in volume or tons per year; 2. Source of the industrial waste or contaminated soil; SECTION 5.00 INDUSTRIAL WASTE MANAGEMENT AND LAND APPLICATION OF WASTE Page 52 3. Description of the industrial waste or contaminated soil; 4. Description of the process that generates the industrial waste or contaminated soil; 5. All test results on the industrial waste or contaminated soil; 6. Industrial waste or contaminated soil samples at department request; and 7. Any additional information deemed necessary by the department to characterize the chemical or physical hazards of the industrial waste or contaminated soil. B. CRITERIA. Only those industrial wastes or contaminated soils that satisfy the following criteria will be approved by the department for use as cover material: 1. The industrial waste or contaminated soil must be soil-like or other appropriate material that functions as cover material on its own merits; 2. The industrial waste or contaminated soil must be easily spread and must spread uniformly; 3. The industrial waste or contaminated soil must not be subject to tracking; 4. The industrial waste or contaminated soil must not be a source of sharps or other hazards; 5. The industrial waste or contaminated soil must not pose a dusting problem; 6. The industrial waste or contaminated soil must not have a strong or offensive odor; 7. The chemical constituents of the industrial waste or contaminated soil must be below the limits in section 5.02(A)(4) and must be approved by the department. If other contaminants are present, they must be evaluated and the results thereof provided to the department. The department will issue a written approval or rejection on a case-by-case basis. Department approval will be based on a risk assessment of the potential long-term health effects of the industrial waste or contaminated soil on exposed landfill personnel following department guidelines created using the general USEPA risk assessment guidelines and the MPCA guidelines, and other applicable government guidelines which include hazard evaluation, toxicity assessment, exposure assessment, and risk characterization; 8. The industrial waste or contaminated soil must have a pH in the range: > 4.5 to < 10.5 and; 9. The industrial waste or contaminated soil used as cover material must have concentrations of gasoline range organics, diesel range organics and total petroleum hydrocarbons below 5,000 ppm. C. LOAD INSPECTION AND REVIEW. Each load of approved cover material must be reviewed by the facility in accordance with section 5.02(C) and the PID reading may not be greater than twen ty (20) for the waste to be used as cover material. D. APPROVAL LIMIT. The amount of industrial waste or contaminated soil allowed to be used for cover material shall not exceed 23% of the volume of non-cover waste. For the purpose of this section, soil shall have a density of 1.4 tons per cubic yard. E. TERM OF APPROVAL. The term of department approval for use of industrial waste or contaminated soil as cover material shall be two years unless otherwise specified. The department approval shall expire at the end of that time unless a request for renewal of approval is submitted to and approved by the department prior to expiration of the previous approval. Requests for renewal of department approval must address the SECTION 5.00 INDUSTRIAL WASTE MANAGEMENT AND LAND APPLICATION OF WASTE Page 53 requirements of this section 5.04. All industrial wastes or contaminated soils used as cover material are subject to on-site inspections. In the event that on-site inspections prove that the characteristics of the industrial waste or contaminated soils are different than those originally appro ved, department approval may be revoked. F. STOCKPILING. Contaminated soil approved for use as cover material under section 5.04 may be stockpiled at the landfill pursuant to the following conditions: 1. The landfill operator must submit a stockpiling plan to the department and receive department approval prior to commencing any stockpiling; 2. The stockpile must only consist of chemically contaminated soils approved by the department for use as cover material under section 5.04. The chemically contaminated soils must not contain any debris; 3. The contaminated soils may only be stockpiled for a period of up to one year from the date of the first load of contaminated soil is placed in the stockpile; 4. To prevent the dispersal of the contaminated soils, the stockpile must be covered within 30 days from the date the first load of contaminated soil is placed. Acceptable cover includes clean fill, tarps, or any other material approved by the department; and 5. The amount of contaminated soils accumulated in the stockpile(s) shall not exceed 20% of the volume of waste approved for disposal at the landfill during the previous calendar year. G. RECORDS. Records for all waste used as cover must be kept at the landfill and be available for review by the department upon request. These records must also be submitted to the department on a monthly basis. At a minimum, the records must include the name of the generator, the location the waste was generated, the Dakota County waste number (if applicable), the date of acceptance, and the amount of waste accepted. 5.05 LAND APPLICATION. Land application of certain solid wastes (e.g., water treatment lime, petroleum contaminated soils, and industrial by-products from food and beverage processing or ethanol production) may be co nsidered in compliance with this ordinance if all conditions and criteria are followed in this section. Sewage sludge and solid or dissolved materials in domestic sewage are excluded from the definition of solid waste and are regulated by state rule (Minn. R. Ch. 7041), Minn. Stat., Chapter 115, Dakota County Ordinance No. 113, On Site Sewage Treatment, and by federal rule (40 CFR part 503). A. GENERAL REQUIREMENTS. All land application and land treatment activities, including activities exempted under section 5.05(B)(4), must comply with the following requirements: 1. Operations shall not create a public nuisance or any conditions that adversely affect the environment or public health; and 2. Activities must not violate state or local laws, ordinances, rules, regulations, policies and orders. B. BENEFICIAL LAND APPLICATION ON AGRONOMIC LAND. 1. Locational Requirements. a. Sites proposed for beneficial land application shall meet the minimum requirements for each of the following soil characteristics: CHARACTERISTIC MINIMUM REQUIREMENT SECTION 5.00 INDUSTRIAL WASTE MANAGEMENT AND LAND APPLICATION OF WASTE Page 54 Soil texture at zone of solid waste application Fine sand, loamy sand, sandy loam, loam, silt, silt loam, sandy clay loam, clay loam, sandy clay, silty clay loam, silty clay, or clay Organic soils or peat soils Cannot be used unless tiled adequately for drainage Depth to bedrock 3 feet (5 feet if soil is classified as having a “rapid” or “very rapid” permeability rate as defined by the Soil Survey of Dakota County) Depth to seasonal high water table (if site is tiled, the depth to top of tile line is considered the seasonal high water table) 3 feet Percent slope Less than twelve percent (12%) b. Application of solid waste that is incorporated or injected shall not take place within the following separation distances or within areas otherwise restricted by wellhead protection plans: FEATURE INCORPORATED OR INJECTED Distance from feature in feet Residences, businesses or public buildings 200 Private drinking water supply wells 200 Irrigation wells 200 Community drinking water supply wells 1000 Down gradient sinkholes, waters of the State as defined in Minn. Stat. §115.01, subd. 6 (groundwater) and §§115.41- 115.54 (municipal water pollution control, or tile inlets connected to these surface water features) 100 c. Application of solid waste that is not incorporated as specified in section 5.05(B)(3)(d) shall follow the criteria listed in sections 5.05(B)(1)(a) and (b) except that application on slopes greater than six percent (6%) is not allowed. 2. Notification Requirements. a. It is a violation of this ordinance for any person to land apply solid waste without notifying the department of the proposed land application activity. The responsible person shall submit such notification no less than thirty (30) days prior to the initiation of the land application activities. b. For each type of solid waste proposed to be land applied, the responsible person (applicator, landowner or tenant) shall submit to the department a description of proposed land application activities, including: SECTION 5.00 INDUSTRIAL WASTE MANAGEMENT AND LAND APPLICATION OF WASTE Page 55 (1) Identification of the proposed land application sites by Dakota County property identification number (PIN) and by township, range and quarter, quarter, quarter section; (2) Description of the solid waste to be land applied and the amount of waste in tons, gallons, or cubic yards; (3) The results of tests that characterize the solid waste. Testing to characterize solid wastes that are yard waste or source separated food waste is not required; (4) Identification of the proposed land application areas on soil survey plates available from the National Resource Conservation Service, identifying site features from which separation distances are required and the acreage on which land application is proposed; (5) The results of soil tests and recommended application rates from a Minnesota Department of Agriculture certified laboratory for the fields where the landowner or applicator proposes to land-apply solid waste; (6) The names, addresses and telephone numbers of the generator, applicator, transporter if different than the applicator, land operator, and the landowner; (7) The status of certifications and licenses of the applicator and transporter if required by the MPCA; (8) A description of the land application method and incorporation method proposed and the months of the year that land application activities will occur; (9) Evidence of notification to affected cities and townships; (10) The status of any approvals required by the state or local governments; and (11) A listing of other solid wastes, soil amendments, or other materials, including but not limited to manure and sewage sludge, that were land applied in the previous three years. 3. Operational Requirements for Beneficial Land Application on Agronomic Land. a. Mixed municipal solid waste and hazardous waste shall not be land applied. b. Solid waste applied to land shall be applied at rates that do not exceed agronomic rates. c. Solid waste shall not be land applied unless the land will be cropped within the current cropping season (September 1 of one year to August 31 of the following year). d. All land applied solid waste shall be incorporated within twenty-four (24) hours of application except as specified in section 5.05(B)(3)(e). e. If solid waste is applied to land that is actively pastured or is being cropped for a hay crop and the solid waste is not incorporated, the following criteria shall apply: (1) The minimum requirements for soil characteristics listed in section 5.05(B)(1)(a) shall be met except that land application of solid wastes on slopes greater than six percent (6%) is not allowed; SECTION 5.00 INDUSTRIAL WASTE MANAGEMENT AND LAND APPLICATION OF WASTE Page 56 (2) The minimum requirements for separation distances listed in section 5.05(B)(1)(b) shall apply; (3) The land-applied material and the land application activities shall not create a nuisance condition due to debris, attraction to vermin, visual impact, or odors; (4) The land-applied material and the land application activities shall not have detrimental effects to the growing crops, the natural e nvironment, or to human or animal health; (5) The land-applied material shall not translocate and its impacts shall not be transmitted via animals grazing on the land application sites; (6) The land-applied material shall not migrate from the site of application via overland flow or storm water drainage; (7) Land application of solid waste shall not take place when the ground is frozen or snow covered; and (8) The responsible person (applicator, landowner or tenant) shall keep records for each land application site for a period of five years including: all notification information that is required to be submitted under section 5.05(B)(2); any soil test results; waste characterization test results; any statements of loading limits for the site; amounts of solid waste applied; and other information required by the department to enforce this section 5.05. f. The responsible person (applicator, landowner or tenant) shall submit an annual report to the department for each kind of solid waste that is land applied. The report shall be submitted by December 31 following a cropping year. A cropping year ends August 31. The report shall include the following information: sites of application; the amount of solid waste applied for the cropping year, in tons, gallons or cubic yards per acre; the cumulative amounts of solid waste applied to the same site, beginning with the initial land application; the dates of application; and other information as required by the department that is necessary to enforce this section 5.05. 4. Exempted Land Application. A responsible person is exempt from the notification requirements of section 5.05(B)(2) and the reporting requirements of section 5.05(B)(3)(e)(9) of this ordinance if the amount of solid waste applied for beneficial use is less than one thousand (1000) pounds per cropping year, the area on which this solid waste is applied is less than one acre, and the material is incorporated and evenly distributed. C. LAND APPLICATION FOR TREATMENT. 1. Land Treatment Agricultural Chemical Contaminated Soil. a. It is a violation of this ordinance for any person to land apply agriculture chemica lly contaminated soil without notifying the department of the proposed land treatment activity. This is done by submitting to the department copies of all forms required by the Minnesota Department of Agriculture including: application; maps of the proposed application area; analytical data; and rate calculations. The responsible person shall submit such notification no less than thirty (30) days prior to the initiation of the land treatment activities. SECTION 5.00 INDUSTRIAL WASTE MANAGEMENT AND LAND APPLICATION OF WASTE Page 57 b. The requirements and procedures for land treatment of agricultural contaminated soil in Dakota County shall be in accordance with Minnesota Department of Agriculture Guidance Document 13. 2. Land Treatment Petroleum -Contaminated Soils. a. It is a violation of this ordinance for any person to land apply petroleum -contaminated soil in Dakota County without notifying the department of the proposed land application activity. This is done by submitting to the department copies of all forms required by the MPCA including: the application for the land treatment site; the application to land treat the specific batch of soil; and copies of the site pre-approval and batch approval issued by the MPCA prior to the initiation of the land application activities. The responsible person shall submit such notification no less than thirty (30) days prior to the initiation of the land treatment activities. b. The requirements and procedures for land treatment of petroleum -contaminated soil in Dakota County shall be in accordance with Minn. R. Ch. 7037. [Remainder of page left intentionally blank.] SECTION 6.00 SOLID WASTE LANDFILL FACILITIES Page 58 SECTION 6.00 SOLID WASTE LANDFILL FACILITIES 6.01 LOCATION OF FACILITY. A solid waste landfill shall not be located: A. Within areas with potentially unsuitable topography, geology, hydrogeology, or soils that may cause failures in the leachate collection system; B. Within a floodplain area, within a wetland area, or within five feet of the high historical groundwater table; C. Within 10,000 feet of an airport runway used by turbojet aircraft, or within 5,000 feet of an airport runway used by piston-type aircraft; D. Within 1,000 feet of a residential dwelling; or E. Within 1,000 feet of a public roadway or park. 6.02 LICENSE REQUIRED; APPLICATION REQUIREMENTS. It is a violation of this ordinance for any person to establish, operate and maintain a solid waste landfill without first being licensed to do so by the county board. The county board may, at its discretion, issue a license for the operation of a solid waste landfill when the following materials, prepared by a registered professional engineer of Minnesota, are submitted to the county board for consideration. The application for the license shall contain a site-plot plan, engineering plans, an operational plan, and any other information required by other sections of this ordinance or deemed necessary by the department. A. SITE-PLOT PLAN. The site-plot plan shall have a scale of not greater than 200 feet per inch and a vertical contour interval determined by the department, but not greater than five feet. The site-plot plan shall include all land within 1,000 feet of property of the proposed facility. The following shall be included as a minimum: 1. Name and address of the facility and property owner and the facility operator; 2. Location and legal description of property for type of facility and operation contemplated; 3. Estimate of population to be served and area of anticipated service; 4. Comprehensive plan of the community, if available, or existing and future land use maps; 5. A copy of the latest zoning ordinance; 6. City and/or township boundaries; 7. North arrow, section line, section number; 8. Waters of the state, floodplains, and floodways; 9. Adjacent residences and property ownership; 10. Roads and railroads; and 11. Easements and utilities. SECTION 6.00 SOLID WASTE LANDFILL FACILITIES Page 59 B. ENGINEERING PLAN. The engineering plans shall include as a minimum: 1. A current map or aerial photograph of the area showing land use and zoning within 1/4 mile of the solid waste disposal site. The map or aerial photograph shall be of sufficient scale to show all homes, buildings, lakes, ponds, water courses, wetlands, dry runs, rock outcroppings, roads, and other applicable details and shall indicate the general topography with contours and drainage patterns. Wells shall be identified on the map or aerial photograph, U.S.G.S. datum shall be indicated, and a north arrow drawn. A location insert map shall be included. 2. A plot plan including: legal description of the site and immediate adjacent area showing dimensions; location of soil borings; and present and planned pertinent features including but not limited to roads, fencing and cover stockpiles. The plan of development including any ex cavation, trenching, and fill shall be shown progressively with time. Cross sections shall be included on the plot plan or on separate sheets showing progressively with time the original and proposed elevation of excavation, trenching, and fill. The scale of the plot plan shall not be greater than 200 feet per inch. 3. An ultimate land use plan of the site including stages identifying the total and complete land use. The scale of the ultimate land use plan shall not be greater than 200 feet per inch. 4. As recommended by the department, suitable geological and ground water information will be submitted. 5. Source and characteristics of cover material and method of protecting cover material for winter operation. 6. Type and amount of equipment to be provided at the site for excavating, earth moving, spreading, compacting, and other needs. 7. Area of site in acres. 8. Persons responsible for actual operation and maintenance of the site and intended operating procedures. 9. Major haul routes within five miles of the site. 10. Description of improvements proposed to comply with applicable ordinances and standards. 11. Landscape and grading plans. C. OPERATIONS PLAN. The operations plan shall include at a minimum: 1. A description of the solid waste proposed to be disposed, collected, stored, and processed at the facility. 2. A contingency action plan identifying procedures and actions to be taken in the event of fire, spill, chemical releases, physical injury, or other emergency situations at the facility. 3. A description of the overall operation and sequencing of fill operations. 4. A description of worker protection, training, and safety equipment to be employed on site. 5. A description of the methods of weighing or measuring solid waste accepted at the facility. SECTION 6.00 SOLID WASTE LANDFILL FACILITIES Page 60 6.03 GENERAL REQUIREMENTS; LAND DISPOSAL FACILITIES. The following shall be established, constructed, or provided for at the solid waste landfill site: A. LINER AND LEACHATE COLLECTION. A solid waste landfill shall incorporate into its construction, a liner and leachate collection system, or meet the applicable MPCA requirements for a bottom liner and leachate collection system, whichever is more stringent. B. SANITARY FACILITIES. Sanitary facilities and shelter shall be available for site personnel. C. LITTER CONTROL. Litter control devices such as portable wind abatement fences close to disposal operations in addition to woven wire fences at the perimeter of a landfill site where there is a potential for blowing litter. D. ELECTRICAL SERVICE. Electrical service for operations and repairs. E. FIRE CONTROL. Firefighting facilities on-site adequate to ensure the safety of employees. F. FIRST AID. Emergency first aid equipment to provide adequate treatment for accidents. G. WATER SUPPLY. A potable water supply for site personnel. H. SHELTER. Shelter for maintenance and storage of site equipment. I. TRAFFIC CONTROL. Adequate facilities to ensure that no vehicle desiring entry into the site will have to wait outside the fenced perimeter of the solid waste landfill site. J. COMMUNICATION. Adequate communication facilities shall be provided for emergency purposes. K. ACCESS CONTROL. The site shall be fenced and a gate shall be provided at the entrance to the site and kept locked when an attendant is not on duty. L. ROADS. An all-weather haul road to the disposal area. M. LANDFILL EQUIPMENT. Equipment sufficient for spreading, compacting, and covering operations to include sufficient reserve equipment or arrangements to immediately provide for equipment during periods of breakdown. N. SIGN REQUIRED. At each entrance to the site, the licensee shall erect and maintain a sign stating the name of the facility, the schedule of days and hours the facility is open to the public if applicable, prices for use of the facility, MPCA permit number, and the penalty for nonconforming dumping. The sign and its placement shall be subject to approval by the department. O. VISUAL SCREENING. Visual screening of the solid waste landfill site, as approved by the department, shall be provided by use of natural objects, trees, plants, seeded soil berms, fences, or other suitable means. P. INDIVIDUAL DISPOSAL FACILITIES. Suitable disposal facilities shall be provided for individuals who wish to transport and dispose of their own solid waste if the facility is open to such individuals. Q. RECORDS. Records as approved and requested by the department shall be maintained and shall be accessible to the department. These records shall show: SECTION 6.00 SOLID WASTE LANDFILL FACILITIES Page 61 1. The total number of tons of solid waste accepted and disposed based solely on the difference between the tare weight of each vehicle and/or conveyance and the gross weight of each vehicle and/or conveyance as measured on the landfill scale or the total number of cubic yards if the facility is not equipped with a weighing scale; 2. General type or types of solid waste accepted and disposed, passed throug h, or rejected by the facility; 3. Origin(s) of solid waste accepted and disposed; 4. The date and time of delivery; and 5. The hauler(s) that delivered solid waste to the facility. R. FILING OF DISCLOSURE NOTICE. Upon completion of the final inspect ion of a solid waste landfill that has completed closure, the owner, responsible person, or operator shall file a solid waste disposal disclosure notice that meets the requirements of this ordinance with the Dakota County Property Recorder’s Department and on a form approved by the department. The department must approve such notice prior to filing. The notice shall meet the requirements of section 3.06(G). 6.04 LAND DISPOSAL FACILITY OPERATING PROCEDURES. Any person who has been granted a license by the county board to operate a solid waste landfill shall operate said landfill in conformance with the MPCA Solid Waste Management Rules, Minn. R. Ch. 7035, and comply with the following operating regulations. A. OPEN BURNING. Open burning of solid waste is prohibited. No scavenging shall be allowed. Salvaging shall be allowed only in accordance with conditions approved in writing by the county board. Animal feeding within the site is prohibited. B. MINIMIZING LEACHATE. Solid waste shall be deposited in such a manner (utilizing sound engineering and design methods) so as to minimize or prevent leachate production and movement that may cause surface and/or ground water contamination. Solid waste shall not be deposited within five feet above the highest known water table and shall not be deposited on bedrock. C. MINIMUM SEPARATION DISTANCE. Whenever the final elevation of the landfill site is lower than the abutting property, a minimum horizontal separating distance of fifty (50) feet shall be maintained. When the final elevation of the landfill site is above the abutting property, a minimum separating distance of fifty (50) feet shall be maintained, and the fill slope of the waste disposal shall not be steeper than ten (10) feet horizontal to one foot vertical. Variance from the above requirements may be granted by the county board if proper justification is submitted by the applicant. D. UNLOADING AREA. Unloading of solid waste shall be confined to as small an area as practical and surrounded with appropriate structures to confine possible wind-blown material within the area. E. LITTER CONTROL. At the conclusion of each day of operation, all wind-blown material resulting from the operation shall be collected and returned to the landfill working face and covered by the owner or operator. F. COMPACTION. Solid waste shall be compacted as densely as practicable. G. SURFACE WATER DRAINAGE. Surface water drainage shall be diverted around the landfill operating area with due consideration given to the effects of any changes to watershed areas which may occur because of such diversion. The top surface of the disposal site shall be adequately bladed to reduce rutting and shall SECTION 6.00 SOLID WASTE LANDFILL FACILITIES Page 62 be sloped for proper drainage. An adequate supply of granular material or crushed stone shall be stockpiled to ensure access to the disposal area in event of unstable conditions. H. WASTE TIRE PROHIBITION. The disposal of waste tires is prohibited in a solid waste landfill. A temporary storage area for waste tires may be constructed and operated following plan review and approval by the department. Review and approval by the department shall be based upon compliance with vector and pest control, fire prevention, zoning, and other requirements. Stored waste tires shall be removed for processing on a regular basis and shall in no case exceed designated capacity or become a public health and safety hazard or public nuisance. Complete and accurate records of waste tire management shall be maintained and submitted to the department as stated in the requirements for waste tire facilities in section 7.00. I. VECTOR, NUISANCE CONTROL. Control of vectors, s uch as rodents and flies, and of odors, dust, wind- blown material and other potential public nuisances shall be sufficient to prevent or eliminate any public nuisance. Should the department so prescribe, the licensee at their own expense, shall engage an exterminator or pest control agent to inspect the landfill on at least a monthly basis. A copy of each inspection report shall be sent to the department immediately upon its receipt by the licensee. J. ATTENDANT ON DUTY. An attendant shall be on duty at the site at all times while it is open for public use. Unloading of solid waste shall be continuously supervised at the working face of the landfill. K. LIFT HEIGHT. The height of any single lift of solid waste shall be dependent on the method of operation but shall not exceed twenty (20) feet. L. TEMPORARY COVER FOR CLOSED AREAS. Within one month after final elevation of the landfill site is achieved, for final termination of a site, or any continuous, unbroken area of two acres or greater of a continuing operation is brought to final elevation, the area shall be covered with two feet of approved, compacted material, properly and adequately sloped to provide surface water runoff. No holes or depressions that might result in collection of surface water shall remain or exist after such covering. Final closure shall proceed according to the facility closure plan. M. VEGETATIVE COVER. The finished surface of the filled area shall be covered with adequate topsoil and seeded with native grasses or other suitable vegetation immediately, or in the spring on areas terminated during winter conditions. If necessary, seeded slopes shall be covered with straw or mulching material to prevent erosion. N. FINAL INSPECTION. Prior to termination of operations at the site, the MPCA and department shall be notified in order that site inspection may be conducted before personnel and equipment are removed from the property. The final condition of the landfill must be approved by the department and the MPCA before such removal may occur. O. UNIFORM REPORTING. The licensee shall submit in a timely manner the following reports to the department as prescribed by the county. 1. Quarterly Operating Report. Each quarter, the licensee shall submit an operating report to the department on a form prescribed by the department. The quarterly report shall be due on the last day of the month following the end of each quarter and include the following information for each of the three preceding months: a. Monthly totals of cubic yards or if the facility is equipped with an approved weighing scale, tons of solid waste received. Tonnage shall be determined by subtracting the tare weight of vehicles and/or conveyances from the gross weight of the vehicles and/or conveyances as measured on the landfill scale. b. Number of incoming loads accepted at the facility. SECTION 6.00 SOLID WASTE LANDFILL FACILITIES Page 63 c. Identification of rejected, recycled and prohibited outgoing waste, the weight or volume and type of rejected, recycled and prohibited outgoing waste, and the destination of rejected, recycled and prohibited outgoing waste. d. The amounts and the types of industrial waste received for disposal in accordance with section 5.00 and the names of the generators thereof. e. Other information as determined from time to time by the department that is required by this ordinance to be kept by the facility. 2. Annual Report. The landfill operator shall submit to the county a copy of its annual report to the MPCA. At a minimum, the following information shall be included in or submit ted with the annual report: a. Yearly totals for cubic yards or if the facility is equipped with an approved weighing scale, tons of solid waste received. Tonnage shall be determined as described in section 6.04(O)(1)(a) above. b. The landfill capacity in cubic yards utilized during the same period and the landfill capacity in cubic yards remaining at the close of the reporting period in accordance with MPCA permitted capacity. c. A plan describing a reuse/recycling program at the facility to minimize the amount of waste landfilled. 3. Surface and Ground Water Monitoring Report. A surface and ground water monitoring report shall include the certified analytical data for representative samples taken from all established monitoring stations for those physical and chemical parameters required by the department and the MPCA as well as all other data required by the department. 4. Methane Monitoring Report. If requested by written notice of the department, a methane monitoring report shall include all required data from established monitoring stations and methane recovery facilities. 5. Leachate Monitoring Report. If requested by written notice of the department, a leachate monitoring report shall include all required data from established monitoring stations and leachate collection and treatment facilities. P. WASTE COMPOSITION STUDY. Beginning in 2025 and completed every five years after, licensed land disposal solid waste facilities must conduct a waste sort to determine the composition of waste received. The waste composition study must be conducted in coordination with the Department and submitted to the Department no later than August 31 of the study year. 6.05 ADDITIONAL REQUIREMENTS FOR SANITARY LANDFILLS ONLY As a minimum, the following additional requirements shall be met for a sanitary landfill: A. WATER MONITORING. A ground and surface water monitoring system must be established that complies with Minn. R. Ch. 7035. B. DAILY COVER. Solid waste shall be covered at the end of each day wi th at least six inches of soil or other cover material approved by the department. SECTION 6.00 SOLID WASTE LANDFILL FACILITIES Page 64 C. INTERMEDIATE COVER. Intermediate cover on all filled surfaces of the facility where no solid waste will be placed within thirty (30) days must be provided immediately. T his cover must consist of compacted material of sufficient depth, at least twelve (12) inches if soil or similar material is used, to cover the waste completely and must be graded and maintained to prevent water ponding, erosion, and public nuisance conditions. D. PUTRESCIBLE MATERIALS. Putrescible materials that have reached a foul state of decay or decomposition, such as spoiled food and animal carcasses, shall be immediately covered and compacted. E. REQUIREMENT TO ACCEPT SOLID WASTE. During the posted hours of operation, the licensee shall accept all solid waste offered for disposal that may legally and reasonably be disposed of at the site. F. PROHIBITED WASTES. 1. The following shall not be acceptable for deposit in sanitary landfills except in amounts normal in household waste: a. Liquids. b. Any of the following: digested sewage sludges, lime sludges, and other sludges, unless approved by the department. Approval would be based on consideration of such factors as chemical composition, free moisture content, and workability. c. In no case will raw sewage, sludge, raw animal manure, or septic tank pumpings be acceptable. d. Hazardous waste as identified by the department and the MPC A. e. Industrial wastes, including sludge and ash, and other potentially hazardous materials or wastes that have not been tested and specifically approved for disposal by the department. Disposal of industrial waste shall be in accordance with the requirements of section 5.00 of this ordinance. f. All other materials and wastes or mixtures thereof that may be determined by the department to not be acceptable. g. Radioactive material that exceeds radiation emission limit standards for solid waste as determined by the Minnesota Department of Health or the MPCA or as determined by the department’s review of individual loads delivered to the landfill. 2. The following wastes in any amount are prohibited from disposal in a sanitary landfill located in the county: a. Christmas trees; b. Tires; c. Lead-acid batteries; d. Major appliances; e. Trees and tree branches; SECTION 6.00 SOLID WASTE LANDFILL FACILITIES Page 65 f. Waste oil /used oil and used oil filters; g. Yard wastes; h. Mercury-containing wastes as listed in Minn. Stat.§ 115A.932; i. Telephone directories; and j. Cathode Ray Tubes. G. FIRE CONTROL. The licensee of a sanitary landfill is responsible for adequate fire protection on the site. Firefighting equipment shall be available at all times on the site or the licensee shall furnish the department proof of a fire fighting agreement between the licensee and the local fire protection agency to immediately acquire its services when needed. H. HOURS OF OPERATION. Receipt and disposal of solid waste by sanitary landfills shall be performed between 6:00 A.M. and 8:00 P.M. Daily cover as required by section 6.05(B) of this ordinance shall be completed by 12:00 midnight. Variances from the above schedule may be granted by the department. Requests for such variances shall be made in writing to the department setting forth therein the reason s why such a variance is needed. Variances shall be granted only for good cause shown and shall be in writing and signed by the department. No such variance shall exceed three months in duration. The department shall advise the county board in writing of all variances so granted and the county board may revoke any such variance, delete any provisions thereof, or impose additional conditions thereon at any time during its duration. In the event of denial of such a variance, the department shall notify the ap plicant in writing of the reasons for the denial. The notification shall be served by the department by personal service or certified mail to the address designated in the variance application. Service by certified mail shall be deemed to be complete upon mailing. The applicant may appeal the department's denial of a variance by filing a request for an appeal hearing. The appeal hearing request shall be in writing stating the grounds for the appeal and served on the county board by personal service or certi fied mail with a copy to the department within ten (l0) county working days of the service of the notification of the variance denial, exclusive of the day of service. Following timely service of a request for hearing, the county board shall set a time and place for the hearing pursuant to section 3.17. I. ACCEPTANCE OF SOLID WASTE FROM LICENSED HAULERS. A sanitary landfill licensed by the county board shall not accept for final disposal or storage, solid waste from any solid waste collection and transportation vehicle required to be licensed pursuant to this ordinance, unless said vehicle has been licensed pursuant to this ordinance. J. WASTE DISPOSAL ON UNLINED AREAS PROHIBITED. Effective January 1, 1995, no person may place in Dakota County or transport in Dakota County for placement outside the county, mixed municipal solid waste that is generated in the metropolitan area, in a portion of any final disposal facility that does not comply with the minimum requirements for design, construction, and operat ion of a new final disposal facility for the type of solid waste being disposed. K. ACCEPTANCE OF UNPROCESSED MIXED MUNICIPAL SOLID WASTE. 1. A sanitary landfill may not accept for final disposal, unprocessed mixed municipal solid waste generated in the metropolitan area unless: a. The waste has been certified as unprocessible waste by a county under Minn. Stat. §473.848, subd. 2; or b. The waste has been transferred to a sanitary landfill from a processing facility; no other processing facility in the metropolitan area is capable of processing the waste; and the SECTION 6.00 SOLID WASTE LANDFILL FACILITIES Page 66 waste has been certified as unprocessible waste by the operator of the processing facility under Minn. Stat. §473.848, subd. 3. 2. For purposes of this section 6.05(K), mixed municipal solid waste does not include street sweepings, construction debris, mining waste, foundry sand, and other materials if they are not capable of being processed at processing facilities as determined by the MPCA L. SCALE REQUIRED. A sanitary landfill shall install a department approved weighing scale and shall weigh all incoming solid waste and shall record the weight in tons. The weights shall be automatically recorded on the scale ticket and the scale recording system shall be rendered incapable of manually ov erriding the automatically recorded weight. M. HANDLING OF RADIOACTIVE MATERIALS. 1. A sanitary landfill shall install and operate a radiation monitor, mounted at the entrance scale, capable of detecting radioactive materials. 2. The detection level of the monitor shall be set at a level as determined by the department. 3. The sanitary landfill operator shall notify the department when radioactive materials are detected and the load shall be immediately segregated. Final disposition of the radioactive m aterial shall be determined and approved by the department. N. LEACHATE RECIRCULATION. A sanitary landfill may recirculate its own leachate into the waste fill of the facility if it has submitted a recirculation plan that meets MPCA guidance and rules and has received approval from the MPCA and the department. 6.06 ADDITIONAL REQUIREMENTS FOR DEMOLITION LANDFILLS ONLY. As a minimum, the following additional requirements shall be met for a demolition landfill: A. LINER AND LEACHATE COLLECTION REQUIRED. It is a violation of this ordinance for any person to establish a demolition landfill after September 1, 1993, unless the facility has, at a minimum, an approved single liner and leachate collection system. B. INTERMEDIATE COVER MATERIAL. Intermediate cover material on all filled surfaces of the demolition landfill where no solid waste will be placed within thirty (30) days must be provided within thirty (30) days after vacating that area. This cover material must consist of compacted material of sufficient depth, at least twelve (12) inches of soil or similar material is used, to cover the waste completely and must be graded and maintained to prevent water ponding, erosion, and public nuisance conditions. C. PUBLIC USE RESTRICTIONS. The working face must not be open for general public use. The use of the demolition landfill shall be restricted to municipalities, organizations, or individuals having a substantial volume of nonputrescible material from demolition or construction projects that generate wastes which may be accepted at the facility, unless otherwise approved by the county board. (Refer to definition of demolition waste). D. ACCEPTABLE WASTES. A demolition landfill may only accept demolition waste for disposal. If solid waste other than demolition waste is disposed at a demolition landfill, the licensee shall be responsible for removal and disposal of such waste at a solid waste facility properly licensed or permitted to receive the waste in question. SECTION 6.00 SOLID WASTE LANDFILL FACILITIES Page 67 E. SITE SECURITY. The licensee shall provide for adequate site security and observation of wastes deposited at the demolition landfill to minimize the potential deposition of solid wastes other than demolition waste. F. PROOF OF PEST ERADICATION. Before any materials from demolished structures may be disposed of, the licensee may be required to submit proof (certification from a registered pest eradicator) that the demolished structure has been subjected to satisfactory pest eradication prior to demolitio n. 6.07 ADDITIONAL REQUIREMENTS FOR SPECIAL WASTE LANDFILLS ONLY. As a minimum, the following additional requirements shall be met for a special waste landfill: A. ACCEPTABLE WASTES. Only wastes from the approved source(s) and of the approved type(s) shall be disposed of at a special waste landfill. B. UNACCEPTABLE WASTES. The following shall not be accepted for segregated disposal at a special waste landfill: 1. Liquids; 2. Raw sewage, sewage sludge, septage, or raw animal manure; 3. Hazardous waste as identified by the MPCA and the department; 4. Mixed municipal solid waste; 5. Industrial wastes, including sludge and ash and other potentially hazardous materials or wastes that have not been tested and specifically approved for final disposal by the MPCA and the department. The department may sample and analyze any such materials or wastes at any reasonable time at the expense of the generator or facility to verify acceptance for segregated disposal. Written permission must be obtained from the d epartment prior to segregated disposal of any applicable waste. Disposal of industrial waste shall be in accordance with the requirements of section 5.00 of this ordinance; and 6. All other materials and wastes or mixtures thereof that may be determined by the department to be not acceptable. C. ADDITIONAL APPLICATION REQUIREMENTS FOR LICENSE. 1. Waste Description. Each special waste landfill license application shall include a detailed description of the physical and chemical characteristics of the special waste(s) to be disposed of at the proposed facility. As a minimum, this description shall include: a. The process or source that generated the waste(s); b. The amount of waste(s) generated during a specified time period; c. The chemical composition of the waste(s); d. A physical description of the waste(s); e. The percent moisture present in the waste(s) and whether or not free moisture is present; and f. Other information that the department may deem necessary. SECTION 6.00 SOLID WASTE LANDFILL FACILITIES Page 68 2. Additional Waste Analysis. Based on the information provided in accordance with this section 6.07(C), the department shall determine whether additional chemical analyses will be required to further define the waste(s) characteristics. If the department requires additional chemical analyses, the department shall approve the proposed sampling and testing program. 3. Waste Management Plan. Each special waste landfill application shall include a waste management plan that shall, as a minimum, address all actual and planned deviations from facility operational and design requirements, specified in section 6.00 of this ordinance, and the reasons for these deviations. D. PUBLIC USE RESTRICTIONS. A special waste landfill shall not be open for general public use. The use of a special waste landfill shall be restricted to the licensee unless otherwise approved by the county board. 6.08 EXEMPTIONS FROM LANDFILL REQUIREMENTS - QUALIFIED CLEAN FILL LANDFILL. A. EXEMPTION CRITERIA. A final disposal facility shall be considered exempt from section 3.00 and section 4.00 of this ordinance if all of the following criteria are met: 1. It is a qualified clean fill landfill as defined in section 2.00. 2. It is operated in compliance with the requirements of section 6.08(B). 3. An application for a qualified clean fill landfill is reviewed and approved by the department before initiation of fill activities. B. QUALIFIED CLEAN FILL REQUIREMENTS. The intent and purpose of these requirements is to allow for the use of certain solid waste as fill for beneficial land use projects where the potential for environmental, public health, and safety problems are minimal and to establish a staff review and approval process for qualified clean fill projects that will not be subject to county board licensure. 1. Locational Requirements. Qualified clean fill landfills shall not be located: a. Within areas that violate local land use and zoning laws; b. Within locations that may adversely impact surface water drainage; c. Within standing water, wetlands, a lake, pond, reservoir, stream, or river, unless specifically approved by governing agencies for purposes of bank stabilization/erosion prevention. If so approved, a copy of the approval letter shall be attached to the application; d. Within areas where there are karst features, such as sinkholes, solution channels, disappearing streams, or caves; or e. Within areas that may adversely impact public health and safety or the environment as determined by the department. 2. Aggregate Dimension Limitation. Aggregate size may not exceed eighteen (18) inches in any dimension unless specifically approved by the department. 3. Application Requirements. The responsible person (owner or operator) shall submit to the department a narrative project description including: SECTION 6.00 SOLID WASTE LANDFILL FACILITIES Page 69 a. The names, addresses, and telephone numbers of the property owner(s) and the contractor(s) or party proposing to conduct the actual fill operation; b. A legal description of the property at which filling activities are proposed; c. The address/location from which fill materials originate; d. A description of the proposed fill material(s) including: quantity; fill type (i.e., concrete, brick); and the physical/chemical characteristics of the fill material (i.e., aggregate size). Chemical analysis of proposed fill materials may be required; e. Plans and specifications for the proposed fill site including, at a m inimum, a scale drawing or map indicating fill areas, property lines, public and access roads, surface water bodies, existing structures, north arrow, and other information as required by the department; f. The projected timetable for the proposed fill project; g. A description of any local, state, and federal licenses, permits, approvals needed or acquired. If not applicable this shall be so indicated. Copies of required applications made and approvals received from local, regional, and state authorities shall be provided; h. Reapplication will be required if the project exceeds the volume or duration standards indicated in section 6.08(B)(6) below; and i. A statement describing the reason for the fill project and the expected use of the property after completion shall be provided. 4. Inspection Requirements. The department requires and shall implement the following inspections prior to and in conjunction with a qualified clean fill landfill: a. Inspection of the proposed fill material and the site from which it originates, prior to its removal; b. Inspection of the proposed fill site prior to placement of any fill; c. The responsible person shall notify the department at least three days prior to placement of fill at the fill site once department approval has been obtained; d. The department reserves the right to inspect the fill project at any time; and e. The department shall conduct a final inspection of the fill site upon completion of the project and reserves the right to require additional work at the fill site if proper site closure has not occurred. 5. Closure Requirements. The following closure requirements shall be implemented by the responsible person(s): a. Notice of the location and contents of the landfill shall be filed with the D akota County Recorder’s Office on a form approved by the department. At a minimum, the notice shall meet the requirements of section 3.06(G); b. Completed fill areas shall be covered with earthen material or otherwise terminated properly in accordance with the plans and specifications submitted to and approved by the department; and SECTION 6.00 SOLID WASTE LANDFILL FACILITIES Page 70 c. Measures shall be taken to minimize erosion, such as the establishment of vegetation, and provision of adequate surface water drainage. 6. Volume Requirements and Classification Levels. The volume of fill material(s) allowed by the department to be deposited at any one location shall be determined on a case-by-case basis dependent upon locational factors and type of material(s): a. Amount of Fill Duration of Project Less than 20 cubic yards and Less than 30 days (exempt from county review/approval) 20 - 500 cubic yards (Level I) and Less than 90 days 500 - 5,000 cubic yards (Level II) and Less than 1 year More than 5,000 cubic yards (Level III) and Less than 2 years b. If a project exceeds either the volume or the duration, the department will require reapplication by the responsible person(s) and the project will be reclassified to a higher level unless the project already exceeds 5,000 cubic yards, in which c ase, the project will continue to be classified at the greater than 5,000 cubic yard level. 7. Financial Assurance. Surety bonds or irrevocable letters of credit shall be required for project classification levels, as referenced in section 6.08(B)(6) above, in the following amounts: a. Level I $ 5,000 b. Level II $ 10,000 c. Level III $ 20,000 In general, the surety bond or irrevocable letter of credit must be for purposes and in an amount set by resolution of the county board and must name the Count y of Dakota as the obligee. The bond or irrevocable letter of credit must be issued by a financial institution acceptable to the County Office of Risk Management and the Dakota County Attorney’s Office. Acceptable surety companies include those companies that are licensed and authorized to transact corporate surety business in the State of Minnesota and that are listed as acceptable sureties on federal bonds in Circular 570, issued by the United States Department of the Treasury, as published annually in t he Federal Register on July 1. 8. Insurance. Insurance amounts for general liability and vehicle liability for project operations shall be in accordance with the amounts and conditions specified in section 3.00 of this ordinance. 9. Fees. Fees for county review and approval of qualified clean fill landfills will be established by the county board on an annual basis. 10. Appeal. Any party determined by the department to be subject to this section shall have the right to appeal that determination or any subsequent determinations made by the department during the project review process. To appeal a department determination under this section, the responsible person (owner or operator) must serve on the county board a written request for a he aring stating the grounds for the appeal. The written request must be served on the county board by personal service or certified mail with a copy to the department within ten (10) county working days of the SECTION 6.00 SOLID WASTE LANDFILL FACILITIES Page 71 department’s determination appealed from. Following timely service of an appeal, the county board shall set a time and place for a hearing pursuant to section 3.17. 11. Operational Requirements. Qualified clean fill landfills exempted under section 6.08 must comply with the following provisions unless specifically waived in writing by the department: a. The site must be managed to eliminate any potential hazards to the environment and surrounding population; b. Only qualified clean fill or clean fill may be deposited on the site; c. Two feet of final cover must be applied to the site within one month of termination of the fill; d. The site must have a slope between 2-25% to promote surface water drainage; e. Vegetation must be established on-site after the application of final cover material. If the site is terminated during the winter months, vegetation must be established immediately the subsequent spring after termination of filling; f. Approval must be obtained, where applicable, from local, regional, and state authorities; and g. The site must not be open for general public use. SECTION 7.00 SPECIAL WASTE STORAGE FACILITIES AND WASTE TIRE MANAGEMENT Page 72 SECTION 7.00 SPECIAL WASTE STORAGE FACILITIES AND WASTE TIRE MANAGEMENT 7.01 LICENSE REQUIRED; APPLICATION REQUIREMENTS. It is a violation of this ordinance for any person to establish, operate and maintain a special waste storage facility without first being licensed to do so by the county board. The county board may, at its discretion, issue a license for the operation of a special waste storage facility when the following materials prepared by a registered professional engineer of Minnesota are submitted to the county board for consideration. The application for the license shall contain a site-plot plan, engineering plans, an operational plan, and any other information required by other sections of this ordinance or deemed necessary by the department. A. SITE-PLOT PLAN. Site-plot plan shall have a scale of one inch equal to not more than fifty (50) feet and have a vertical contour interval determined by the department but not greater than five feet. The site-plot plan shall include all land within 1,000 feet of property of the proposed facility. The following shall be included as a minimum: 1. Name and address of the facility, property owner, and the facility operator; 2. City and/or township boundaries; 3. North arrow, section line, section number; 4. Waters of the state, floodplains, and floodways; 5. Land use and zoning within a 1,000-foot radius of the property lines; 6. Adjacent residences and property ownership; 7. Roads and railroads; 8. Easements and utilities; and 9. Location, size, and ownership of the land upon which the facility will operate. B. ENGINEERING PLANS. The engineering plans shall include as a minimum: 1. Roads, screening, fencing, gates, dimensions of buildings, storage areas, loading and unloading zones, and the location of existing and proposed utilities; 2. Landscape and grading plans; 3. Dikes, berms, walls, dividers; and 4. The department may request a report on the subsurface conditions at the proposed facility. The department may request data that is adequate to indicate suitable soils, geological and ground water information at the site. The license applicant must detail the above information in cross section with the location indicated on the site plan. C. OPERATIONS PLAN. The operations plan shall include as a minimum: 1. A description of the special waste proposed to be collected and stored at the proposed facility; SECTION 7.00 SPECIAL WASTE STORAGE FACILITIES AND WASTE TIRE MANAGEMENT Page 73 2. A contingency action plan identifying procedures and actions to be taken in the event of fire, spill, chemical release, physical injury, or other emergency situations at the facility; 3. A description of the overall operation and a functional description of equipment to be used, including design and anticipated performance. The operations plan must describe the flow of special waste through the facility; 4. The procedures for facility start-up and scheduled and unscheduled shut down operations; and 5. A description of worker protection, training, and safety equipment to be employed on-site. 7.02 STATE RULE ADOPTED. The scope, location, design and operation of special waste facilities that provide intermediate disposal shall be in accordance with Minn. R. 7035.2855, "Solid Waste Storage Standards" that specify location, design, operation, inspection, closure, and construction requirements for facilities that store solid waste. 7.03 WASTE TIRE MANAGEMENT. A. WASTE TIRE MANAGEMENT; DEFINITION. Waste tires shall be managed in full compliance with the provisions of this ordinance regardless of number. Waste tire management shall include, but is not limited to, the generation, collection, storage, transportation, processing, reuse, recycling, incinerati on and/or disposal of waste tires, either whole or in part. B. LICENSE REQUIRED. A solid waste facility that accumulates at any one time more than five hundred (500) waste tires shall first obtain a special waste storage facility license from the county. Such special waste storage facilities may include retail service centers, tire re -treading businesses, motor vehicle service stations, vehicle salvage yards, tire shredding facilities, transfer and storage facilities, incinerators, intermediate disposal sites, and final disposal facilities. Any person who collects, stores, or deposits fifty (50) to five hundred (500) waste tires shall submit a waste management plan to the department for review and approval. Persons using waste tires for agricultural, recrea tional, or other beneficial reuse purposes may be exempt from this license requirement pending review and approval by the department. C. CONSTRUCTION AND OPERATION. A special waste facility for waste fire management shall be constructed, operated, maintained, and closed in conformance with the provisions of this ordinance. Plans and specifications shall be reviewed and approved by the department prior to licensure. Review and approval by the department shall be based upon compliance with vector and pest control, fire prevention, zoning, and other requirements. Collected and stored waste tires shall be removed for processing, reuse and recycling, incineration and/or disposal on a regular basis and in no case shall the total waste tire volume exceed the designated capacity or become a public health and safety hazard or public nuisance. Complete and accurate records of waste tire management shall be maintained and submitted to the department with the operational report. D. WASTE TIRE STORAGE REQUIREMENTS. Waste tire storage shall meet the following requirements: 1. Waste tires shall not be stored within 1,000 feet of intermittent or permanent wetlands, streams, ponds, and lakes, including shoreland and floodplain areas; 2. Waste tires shall not be stored within 1,000 feet of wooded areas and other areas on which trees, tree stumps, and brush are located which could harbor mosquito populations. 3. Waste tires shall not be stored within one-half mile of a known or suspected endemic area of mosquito-borne viral encephalitis or other diseases; SECTION 7.00 SPECIAL WASTE STORAGE FACILITIES AND WASTE TIRE MANAGEMENT Page 74 4. Waste tires shall not be stored within one-half mile of susceptible persons, which shall be defined to include private residences, day care centers, schools, parks, and recreational facilities; 5. Waste tires shall not be stored within an area having a water table within five feet of the lowest tire accumulation elevation; 6. Waste tires shall not be stored within an area that is unsuitable with respect to topography, geology, hydrology, soils, land use, or other public health and safety concerns; 7. Waste tires shall be confined to as small an area as practicable, with individual piles not more than 2,500 feet in area and twenty (20) feet in height; 8. A minimum separation distance of twelve (12) feet shall be pro vided between piles of waste tires to allow for truck and emergency vehicle access; 9. Adequate measures shall be provided to minimize the potential for tire fires; 10. Waste tires shall be piled so as to minimize the accumulation of stagnant water; 11. Waste tires shall be stored a minimum of fifty (50) feet from the adjacent property lines; 12. Surface water drainage shall be diverted around and away from waste tire storage areas; and 13. Adequate visual screening of waste tire storage areas from housing or public right-of-ways shall be provided by use of natural objects, such as trees, berms, fences, or other means deemed acceptable by the department. E. EXCLUSION FROM REQUIREMENTS. The following persons are excluded from the waste tire storage requirements, as specified in sections 7.03(D)(2), 7.03(D)(4), and 7.03(D )(11) only: 1. A person engaged in the retail sale of tires if no more than five hundred (500) waste tires are kept on the business premises; 2. A person who in the ordinary course of a business removes tires from motor vehicles if no more than five hundred (500) waste tires are kept on the business premises; or 3. A person using waste tires for agricultural purposes if no more than two hundred (200) waste tires are kept on the site of use. F. ABATEMENT OF WASTE TIRE DUMPS. Waste tire dumps shall be promptly terminated and properly closed. All waste tires shall be removed from the premises and shall be processed for reuse, recycling, incineration, or final disposal in compliance with this ordinance unless otherwise authorized by the department. G. CLOSURE. Upon cessation of a waste tire processing operation, the licensee shall be responsible for removal of all waste tires and tire products from the site. H. LAND DISPOSAL. Land disposal of waste tires is prohibited. I. DUAL REQUIREMENTS. Waste tire processing facilities are subject to both the waste tire storage requirements and processing facility requirements of this ordinance. SECTION 7.00 SPECIAL WASTE STORAGE FACILITIES AND WASTE TIRE MANAGEMENT Page 75 7.04 RECORDS. Records as approved and requested by the department shall be maintained and shall be accessible to the department. These records shall show: A. The total number of tons of solid waste accepted and disposed based solely on the difference between the tare weight of each vehicle and/or conveyance and the gross weight of each vehicle and/or conveyance as measured on the scale or the total number of cubic yards if the facility is not equipped with a weighing scale; B. General type or types of solid waste accepted and disposed; C. Origin(s) of solid waste accepted, passed through, or rejected from the facility; D. The date and time of delivery; and E. The hauler(s) that delivered solid waste accepted and disposed at the facility. 7.05 UNIFORM REPORTING. Each quarter, the licensee shall submit a report to the department on a form prescribed by the department. The quarterly report shall be due on the last day of the month following the end of each quarter and include the following information for each of the three preceding months: A. Monthly totals of cubic yards or, if the facility is equipped with an approved weighing scale, tons of solid waste received. Tonnage shall be determined by subtracting the tare weight of vehicles and/or conveyances from the gross weight of the vehicles and/or conveyances as measured on the scale; B. Number of incoming loads accepted at the facility; C. Number of loads and weight or volume of outgoing and rejected waste, type of outgoing and rejected waste, and the facility or destination to which waste is being transferred; and D. Other information as determined from time to time by the department that is required by this ordinance to be kept by the facility. [Remainder of page left intentionally blank.] SECTION 8.00 INCINERATION Page 76 SECTION 8.00 INCINERATION 8.01 COMPLIANCE WITH MPCA AIR QUALITY RULES. It is a violation of this ordinance for any person to construct, establish, maintain or operate an incinerator that is not in compliance with Minn. R. Chs. 7007, 7011, and 7017. [Remainder of page left intentionally blank.] SECTION 9.00 ENERGY RECOVERY FACILITIES Page 77 SECTION 9.00 ENERGY RECOVERY FACILITIES 9.01 LICENSE REQUIRED; APPLICATION REQUIREMENTS. It is a violation of this ordinance for any person to establish, operate, or maintain an energy recovery facility without first being licensed to do so by the county board. The county board may, at its discretion, issue a license for the operation of an energy recovery facility when the following materials prepared by a registered professional engineer of Minnesota are submitted to the county board for consideration. The following information, along with any other information required by other sections of this ord inance or deemed necessary by the department, shall be submitted as a part of the application: A. MAP. A current map or aerial photograph of the site showing the land use and zoning within 1/4 mile of the energy recovery facility. A location insert map shall be included; B. SITE PLOT PLAN. A plot plan including the legal description of the site; a description of the immediate adjacent area showing dimensions, present and planned pertinent features, including but not limited to roads, buildings, fencing, landscaping and other applicable details; and the general topography. The scale of the plot plan should not be greater than 100 feet per inch, with a five -foot contour interval. The following shall also be included as a minimum: 1. City and/or township boundaries; 2. North arrow, section lines, section numbers; 3. Waters of the state, floodplains, and floodways; 4. Adjacent residences and property ownership; and 5. Easements and utilities. C. REPORT. A report shall accompany the plans indicating: 1. Area of site in acres; 2. Owner of the site and proposed licensee; 3. Person(s) responsible for actual operation and maintenance of the energy recovery facility and intended operating procedures; 4. Sanitary landfill or other solid waste facility where any residuals will be tr ansferred, the owner, hours of operation and MPCA permit number; 5. Type and amount of equipment to be provided for operations of the energy recovery facility; 6. A detailed description of the energy recovery process; 7. Population and geographical areas to be served by the proposed facility; 8. Existing collection service areas in the proposed supply area and contiguous communities; 9. Anticipated supply (tons per day) of solid waste delivered to the facility from each community within the proposed supply area; SECTION 9.00 ENERGY RECOVERY FACILITIES Page 78 10. A detailing of the composition of solid waste to be delivered to the facility; 11. Proposed storage capacity on-site; 12. Proposed access routes within a one-mile radius of the proposed facility; and 13. As recommended by the department, suit able soils, geological and ground water information shall be submitted. D. Other information as required by the county board or the department. 9.02 OPERATIONAL REQUIREMENTS. A. The following shall be established and maintained at the energy recovery facility: 1. A sign, subject to the approval of the department, shall be posted on the premises indicating the facility name, the schedule of days and hours it is open to the public, and prices for use. 2. Records as approved and requested by the departm ent shall be maintained and shall be accessible to the department. These records shall show: a. The total number of tons of solid waste accepted based solely on the difference between the tare weight of each vehicle and/or conveyance, and the gross weight of each vehicle and/or conveyance as measured on the scale or the total number of cubic yards if the facility is not equipped with a weighing scale; b. General type or types of solid waste accepted, passed through, or rejected by the facility; c. Origin(s) of solid waste accepted and disposed; d. The date and time of delivery; and e. The hauler(s) that delivered solid waste to the facility. 3. An energy recovery facility shall be so situated, equipped, operated and maintained as to minimize interference with other activities in the area. B. An energy recovery facility licensee shall comply with the following regulations: 1. The premises, entrances and exits shall be maintained in a clean, neat and orderly manner at all times; 2. All incoming and outgoing traffic shall be controlled by the licensee in such a manner as to provide orderly and safe ingress and egress; 3. All unloading of solid waste from contributing vehicles shall be conducted in such a manner as to eliminate odor and litter outside the facility; 4. Such other regulations as may be established by the county board in order to protect the health, safety, and welfare of the public; and SECTION 9.00 ENERGY RECOVERY FACILITIES Page 79 5. Each quarter, the licensee shall submit a report to the department on a form prescribed by the department. The quarterly report shall be due on the last day of the month following the end of each quarter and include the following information for each of the three preceding months: a. Monthly totals of cubic yards or, if the facility is equipped with an approved weighing scale, tons of solid waste received. Tonnage shall be determined by subtracting the tare weight of vehicles and/or conveyances from the gross weight of the vehicles and/or conveyances as measured on the scale; b. Number of incoming loads accepted at the facility; c. Origin of waste accepted at the facility; d. Number of loads and weight or volume of outgoing and rejected waste, type of outgoing and rejected waste, and the facility or destination to which waste is being transferred; and e. Other information as determined from time to time by the department that is required by this ordinance to be kept by the facility. [Remainder of page left intentionally blank.] SECTION 10.00 SOLID WASTE PROCESSING FACILITIES Page 80 SECTION 10.00 SOLID WASTE PROCESSING FACILITIES 10.01 LICENSE REQUIRED; APPLICATION REQUIREMENTS. It is a violation of this ordinance for any person to establish, operate and maintain a solid waste processing facility without first being licensed to do so by the county board. The county board may, at its discretion, issue a license for the operation of a solid waste processing facility when the following materials prepared by a registered professional engineer of Minnesota are submitted to the county board for consideration. The requirements of this section do not apply to those activities or facilities otherwise provided for in this ordinance. The application for a license shall contain a site-plot plan, engineering plans, an operational plan, and any other information required by other sections of this ordinance or deemed n ecessary by the department. At the discretion of the county board and based on type and location of solid waste, minimum design requirements for a new solid waste processing facility may include a weather-resistant building with at least three sides, an im permeable floor, and roof. The building must be designed to prevent any public nuisance, including, but not limited to, odor, noise, and litter. After December 31, 2003, and if required by the county board, the minimum design requirement for a new solid waste processing facility will be fully enclosed buildings with impermeable flooring and public nuisance prevention. A. SITE-PLOT PLAN. The site-plot plan shall have a scale of one inch equal to not more than fifty (50) feet and have a vertical contour interval determined by the department but not greater than five feet. The site - plot plan shall include all land within 1,000 feet of property of the proposed facility. The following shall be included as a minimum: 1. Name and address of the facility, property owner, and the facility operator; 2. City and/or township boundaries; 3. North arrow, section line, section number; 4. Waters of the state, floodplains, and floodways; 5. Land use and zoning within a 1,000-foot radius of the property lines; 6. Adjacent residences and property ownership; 7. Roads and railroads; 8. Easements and utilities; and 9. Location, size, and ownership of the land upon which the facility will operate. B. ENGINEERING PLANS. The engineering plans shall include as a minim um: 1. Roads, screening, fencing, gates, dimensions of buildings, storage areas, loading and unloading zones, and the location of existing and proposed utilities; 2. Landscape and grading plans; 3. Dikes, berms, walls, dividers; and 4. The department m ay request a report on the subsurface conditions at the proposed facility. The department may request data that is adequate to indicate suitable soils, geological, and ground SECTION 10.00 SOLID WASTE PROCESSING FACILITIES Page 81 water information at the site. The license applicant must detail the above inform ation in cross section with the location indicated on the site plan. C. OPERATION PLAN. The operation plan shall include as a minimum: 1. A description of the solid waste proposed to be collected, stored, and processed at the proposed facility; 2. A contingency action plan identifying procedures and actions to be taken in the event of fire, spill, chemical release, physical injury, or other emergency situations at the facility; 3. A description of the overall operation and a functional description of all processing equipment to be used, including design and anticipated performance. The operations must describe the flow of solid waste, including recyclable materials, through the facility; 4. The procedures for facility start-up and scheduled and unscheduled shut down operations; 5. A description of potential safety hazards and methods of control including, but not limited to, fire and smoke detection, air monitoring, fire control devices, ventilation and exhaust control systems; 6. A description of worker protection, training, and safety equipment to be employed on-site; 7. A description and schedule of cleaning procedures to be employed at the facility; 8. A description of the handling, storage, and disposal methods to be used for unmarketable recyclable materials and residuals; and 9. A description of the methods of weighing or measuring the solid waste accepted and processed at the facility including: residuals, by-pass waste, and recyclable materials recovered. 10.02 OPERATIONAL REQUIREMENTS. A. The following shall be established and maintained at the solid waste processing facility: 1. A sign, subject to the approval of the department, shall be posted on the premises indicating the facility name, the schedule of days and hours it is open, and prices for public use; 2. Roads, parking, and working areas on the premises shall be all-weather surfaced. The premises shall be constructed, screened, and landscaped in such a manner as to be aesthetically pleasing in appearance; 3. Access control, including necessary gates and fencing; 4. Adequate sanitary facilities and shelter for personnel shall be provided on the premises; 5. Records, in a format approved by the department, shall be maintained for three years and shall be accessible to the department. These records shall show: a. The total number of tons of solid waste accepted based solely on the difference between the tare weight of each vehicle and/or conveyance and the gross weight of each vehicle and/or conveyance as measured on the scale or the total number of cubic yards if the facility is not equipped with a weighing scale; b. General type or types of solid waste accepted, passed through, or rejected; SECTION 10.00 SOLID WASTE PROCESSING FACILITIES Page 82 c. Origin(s) of solid waste accepted; d. The date and time of delivery; and e. The hauler(s) that delivered solid waste to the facility; 6. The operator of a facility shall implement an inventory system and segregation procedure adequate to enable identification of the type(s), origin(s), and destination(s) of solid waste in storage at any time; and 7. The processing facility shall be so situated, equipped, operated, and maintained as to minimize interference with other activities in the area. B. A solid waste processing facility shall comply with the following operational requirements: 1. Outside storage of mixed municipal solid waste must be covered with a water impermeable tarp and tagged to identify the time and date of delivery, route number, and driver; 2. Loads containing putrescible materials may not remain on-site for greater than forty-eight (48) hours; 3. Precautions must be taken to control public nuisance conditions including litter, dust, and odors at the facility; 4. All solid waste storage, processing, and tipping areas must include fire detection and prot ection equipment; 5. Adequate storage capacity is required at the facility for all solid waste delivered and for those processed materials that will be stored prior to removal from the facility; 6. The facility shall notify the department prior to implem enting any alterations or additions to the waste processing system; 7. Solid waste passing through the facility must be recycled, disposed, or stored at a solid waste facility that meets all applicable federal, state, and local requirements; 8. Processing, treatment, sorting, and tipping areas at facilities that accept putrescible material must be located within an enclosed building or covered area; 9. Each quarter, the licensee shall submit a report to the department on a form prescribed by th e department. The quarterly report shall be due on the last day of the month following the end of each quarter and include the following information for each of the three preceding months: a. Monthly totals of cubic yards or, if the facility is equipped with an approved weighing scale, tons of solid waste received. Tonnage shall be determined by subtracting the tare weight of vehicles and/or conveyances from the gross weight of the vehicles and/or conveyances as measured on the scale; b. Number of incoming loads accepted at the facility; c. Origin of waste accepted at the facility; SECTION 10.00 SOLID WASTE PROCESSING FACILITIES Page 83 d. Number of loads and weight or volume of outgoing and rejected waste, type of outgoing and rejected waste, and the destination of the outgoing waste; and e. Other information as determined from time to time by the department that is required by this ordinance to be kept by the facility; and 10. Upon rejection of unacceptable waste, the licensee shall notify the department, on the day of delivery of the unacceptable waste, by facsimile or electronic mail, a description of the rejected waste, quantity of the rejected waste, the name and address of the hauler, the reason for rejection, and disposition of the waste. 10.03 REDUCED REGULATION FACILITIES. A. MINIMAL RISK PROCESSORS. The following facilities and activities shall be exempt from the licensing requirements of section 3.02 and sections 10.01 through 10.02 but must operate without creating a public nuisance or any condition adversely affecting the environment or public health and be in compliance with all applicable state and local laws, ordinances, rules, regulations, or orders: 1. Wood Waste Processors. Wood waste processors that accept only wood waste (including tree and shrub waste) and have no more than 500 cubic yards of unprocessed material on-site at any one time; 2. Re-use in Own Manufacturing Process. Businesses that separate a portion of their own waste stream for re-use in their own manufacturing process; 3. Recycling Facilities. Recyclables handling and recovery facilities that collect and handle less than five tons/day of nonputrescible waste that is source-separated; or 4. Returnable Container Redemption Operations. Returnable container redemption operations conducted at a dealer, distributor, or retail facility. B. CONCRETE AND ASPHALT RECYCLERS. Concrete and asphalt recycling operations that regularly stockpile material and perform crushing or recovery activities are exempt from the licensing requirements of sections 3.02, 10.01, and 10.02, but the owner or operator of such operations must: 1. By January 31 of each year, submit a report to the department, on a form provided by the department that includes: a. A written description of the operation or proposed operation that identifies the overall process and a functional description of all processing equipment to be used; b. A description of the end product distribution and final dispos al system for waste and residuals and the identification of potential and actual ground water and surface water discharges; and c. A list of the type and quantity of waste passing through the facility for the previous calendar year. 2. Operate without creating a public nuisance or any condition adversely affecting the environment or public health and be in compliance with all applicable state and local laws, ordinances, rules, regulations, or orders. C. SCRAP YARDS. Scrap yards are exempt from the licensing requirements of sections 3.02, 10.01, and 10.02, but the owner or operator must comply with the following: SECTION 10.00 SOLID WASTE PROCESSING FACILITIES Page 84 1. Register with the department or obtain a hazardous waste generator license. Any scrap yard that stores more than five scrap vehicles, or stores more than 20 tons of scrap metal, or where any vehicle is crushed must: a. Register with the department on forms provided by the department; or b. Become licensed as a hazardous waste generator in accordance with the requirements of Dakota County Ordinance 111 (Hazardous Waste Regulation). 2. Operate without creating a public nuisance or any condition adversely affecting the environment or public health and be in compliance with all applicable state and local laws, ordinances, rules, regulations, or orders. 3. Scrap Vehicle Storage. Scrap vehicles (junk cars/inoperable motor vehicles) that are stored at a scrap yard: a. Must be drained of all fluids, including but not limited to, oil, brakes, transmission, and differential, before storage. The draining of fluids must occur on a surface that is impervious to automotive fluids and is designed to capture any spills, drips, or leaks. After fluids have been drained, plugs must be replaced; and cut lines, holes, and punctures must be plugged. Alternatively, if approved by the Department, the operator may, in place of draining fluids, perform weekly inspections to detect leakage and keep a log indicating the results of each inspection. Vehicles that are inspected must be stored in such a manne r that all parts of the vehicle are easily viewable. Operators must retain these records for three years. b. Oil filters must be removed, or drained and replaced before storage; and c. Mercury switches must be removed before storage. 4. Scrap Yard W aste Management. All scrap yards that store scrap motor vehicles must manage the following wastes according to the requirements of Dakota County Ordinance 111 (Hazardous Waste Regulation) and Minnesota Hazardous Waste Rules: a. Used oil; b. Used oil filters - filters may be managed separately from the vehicle or drained and reinstalled on the vehicle; c. Fuels; d. Lead-acid batteries; e. Mercury switches; f. Any other hazardous wastes generated by the vehicles; g. Recover and clean up all spills, leaks, drips, and releases from the vehicles; and h. Drain and manage refrigerants according to the requirements of 40 C.F.R. Part 82. Owners or operators must verify that all vehicles received without refrigerant are accompanied with a signed statement verifying that the refrigerants were removed using approved recovery methods and must keep a record of these statements for three years. SECTION 10.00 SOLID WASTE PROCESSING FACILITIES Page 85 5. Scrap Vehicle Crushing. a. No vehicle may be crushed unless the fluids have been drained, the oil filter removed or drained, the battery removed, and mercury switches removed. b. Crushing of vehicles must be done on a surface that is impervious to used oil and other automotive fluids, or the crusher must be designed and operated to collect all fluids with no spillage. 6. Scrap Yard Reporting and Recordkeeping. a. By January 31 of each year, the facility owner or operator shall submit reports on forms provided by the department that include, but are not limited to, reporting the type(s) and quantity of waste received, stored, and shipped by the facility during the previous calendar year; and b. The facility shall maintain a record and receipts for all tires shipped off -site for disposal, which are subject to inspection by the department during regular business hours. [Remainder of page left intentionally blank.] SECTION 11.00 TRANSFER STATIONS Page 86 SECTION 11.00 TRANSFER STATIONS 11.01 LICENSE REQUIRED; APPLICATION REQUIREMENTS. It is a violation of this ordinance for any person to establish, operate, and maintain a transfer station without first being licensed to do so by the county board. The county board may, at its discretion, issue a license for the operation of a transfer station when the following materials prepared by a registered professional engineer of Minnesota are submitted to the county board for consideration. The application for the license shall contain a site-plot plan, engineering plans, an operational plan, and any other information required by other sections of this ordinance or deemed necessary by the department. The minimum design requirement for new fixed transfer stations will be fully enclosed buildings with impermeable flooring and public nuisance prevention including, but not limited to, odor, noise, and litter. A. SITE-PLOT PLAN. The site-plot plan shall have a scale of one inch equal to not more than fifty (50) feet and have a vertical contour interval not greater than five feet. The site-plot plan shall include all land within 1,000 feet of property of the proposed facility. The following shall be included as a minimum: 1. Name and address of the facility, property owner, and the facility operator; 2. City and/or township boundaries; 3. North arrow, section line, section number; 4. Waters of the state, floodplains and floodways; 5. Land use and zoning within a 1,000-foot radius of the property lines; 6. Adjacent residences and property ownership; 7. Roads and railroads; 8. Easements and utilities; and 9. Location, size, and ownership of the land upon which the facility will operate. B. ENGINEERING PLANS. The engineering plans shall include as a minimum: 1. Roads, screening, fencing, gates, dimensions of building(s), dimensions of storage areas, loading and unloading zones, location of existing and proposed utilities; 2. Dikes, berms, walls, dividers; 3. Landscape and grading plans; and 4. The department may request a report on the subsurface condition at the proposed facility. The department may request data that is adequate to indicate suitable soils, geological and ground water information at the site. The above data will be detailed on cross sections, the location of which will be indicated on the site plan. C. OPERATIONS PLAN. The operations plan shall include as a minimum: 1. Complete plans and specifications, proposed operating procedures for the transfer station, place of final disposal, and equipment to be used; SECTION 11.00 TRANSFER STATIONS Page 87 2. A contingency action plan identifying procedures and actions to be taken in the event of fire, spill, chemical release, physical injury, or other emergency situations at the facility; 3. A description of the solid waste proposed to be collected, stored, and transferred at the facility; 4. A description of the overall operation and a functional description of all equipment to be used, including design and anticipated performance. The operations must describe the flow of solid waste, including recyclable materials, through the facility; 5. The procedures for facility start-up and scheduled and unscheduled shut down operations; 6. A description of potential safety hazards and methods of control including, but not limited to: fire and smoke detection, air monitoring, fire control devices, odor, ventilation, and exhaust control systems; 7. A description of worker protection, training, and safety equipment to be employed on-site; 8. A description and schedule of cleaning procedures to be employed at the facility; and 9. A description of the methods of weighing or measuring the solid waste accepted and trans ferred at the facility. 11.02 OPERATIONAL REQUIREMENTS. A. The following shall be established and maintained at the transfer station site: 1. A sign, subject to the approval of the department, shall be posted on the premises indicating the station name, the schedule of days and hours it is open, materials accepted, and prices for use if it is open to the public; 2. Roads on the premises shall be all-weather surfaced. The premises shall be constructed, screened, and landscaped in such a manner as to be aesthetically pleasing in appearance; 3. Adequate sanitary facilities and shelter for personnel shall be provided on the premises; 4. Records. Records as approved and requested by the department shall be maintained and shall be accessible to the department. These records shall show: a. The total number of tons of solid waste accepted and disposed based solely on the difference between the tare weight of each vehicle and/or conveyance and the gross weight of each vehicle and/or conveyance as measured on the landfill scale or the total number of cubic yards if the facility is not equipped with a weighing scale; b. General type or types of solid waste accepted, transferred, or rejected; c. Origin(s) of solid waste accepted; d. The date and time of delivery; and e. The hauler(s) that delivered solid waste to the facility; 5. The operator shall implement an inventory system and segregation procedure sufficient to enable identification of the type(s), origin(s), and destination(s) of solid waste in storage at any time; and SECTION 11.00 TRANSFER STATIONS Page 88 6. The transfer station shall be so situated, equipped, operated, and maintained as to minimize interference with other activities in the area. B. OPERATIONAL REQUIREMENTS. A transfer station licensee shall comply with the following operational requirements: 1. When stated in and so required by the license, the licensee shall wash, clean, and disinfect the station at the end of each day of use; 2. The premises, entrances, and exits shall be maintained in a clean, neat, and orderly manner at all times; 3. All unloading of wastes from waste transportation vehicles shall be conducted in such a manner as to reduce odor and litter outside the station to a minimum; 4. The facility shall notify the department prior to implementing any alterations or additions; 5. Putrescible materials shall not remain in the transfer station longer than forty-eight (48) hours. Storage limitations for other solid wastes shall be subject to conditions stated in approved plans, and specifications; and 6. Each month, the licensee shall submit a report to the department on a form prescribed by the department. The monthly report shall be due on the last day of the following month and include the following information: a. Monthly total of cubic yards or, if the facility is equipped with an approved weighing scale, tons of solid waste received, by county of origin. Tonnage shall be determined by subtracting the tare weight of vehicles and/or conveyances from the gross weight of the vehicles and/or conveyances as measured on the scale; b. Number of incoming loads accepted at the facility; c. Number of loads and weight or volume of outgoing and rejected waste, type of outgoin g and rejected waste, and the destination of the outgoing and rejected waste; and d. Other information as determined from time to time by the department that is required by this ordinance to be kept by the facility. 11.03 REDUCED REGULATION COLLECTION AND TRANSFER STATIONS A. SMALL VOLUME COLLECTION AND TRANSFER. The collection and transfer activities of the following materials shall be exempt from licensing requirements of Sections 3.02, 11.01 and 11.02 and operations must not create a public nuisance or any condition negatively affecting public health or the environment and be in compliance with all applicable state and local laws, ordinances, regulations and orders: 1. Organics. Organics with no more than 10 cubic yards on site at any given time. The organics must be stored in covered leak-proof containers and transferred to a composting facility or anaerobic digester at least once per week. 2. Yard Waste. Yard waste with no more than 40 cubic yards on site at any given time and transferred to a yard waste compost facility at least once per week. SECTION 11.00 TRANSFER STATIONS Page 89 3. Municipal Solid Waste. Municipal solid waste items for disposal with no more than 30 cubic yards on site at any given time. The municipal solid waste must be stored in a covered container or indoors and transferred to a solid waste disposal facility at least once per week. 4. Construction Debris and Demolition Waste. Construction debris and demolition waste with no more than 90 cubic yards on site at any given time. The waste must be containerized and transferred to a disposal facility at least once per week. 5. Recyclables. a. Mattresses for Recycling. Mattresses for recycling with no more than one semi-trailer or no more than 100 cubic yards stored in a weather-tight enclosure. b. Carpet and Pad for Recycling. Carpet and carpet pads with no more than one semi-trailer or no more than 100 cubic yards stored in a weather-tight enclosure. c. Film plastic. Film plastic with no more than one semi-trailer or no more than 100 cubic yards. d. All Other Recyclables. All other recyclables with no more than 40 cubic yards stored in a covered container. B. DEPARTMENT NOTIFICATION. Operators of reduced regulation collection and transfer sites must notify the Department of their intention to operate at least 30 days prior to starting operations and prior to any change in services offered. C. SITE CONTROL. Collection and transfer sites must be staffed and/or have adequate site control to prevent illegal dumping of wastes D. ANNUAL REPORTING. By February 15 of each year, t he Reduced Regulation Collection and Transfer Station must report annually on forms provided by the Department. [Remainder of page left intentionally blank.] SECTION 12.00 INFECTIOUS WASTE FACILITIES Page 90 SECTION 12.00 INFECTIOUS WASTE FACILITIES 12.01 LICENSE REQUIRED; APPLICATION REQUIREMENTS. It is a violation of this ordinance for any person to establish, operate, and maintain an infectious waste facility without first being licensed to do so by the county board. The county board may, at its discretion, issue a license for the operation of an infectious waste facility when the following materials prepared by a registered professional engineer of Minnesota are submitted to the county board for consideration. The application for the license shall contain a site-plot plan, engineering plans, an operational plan, and any other information required by other sections of this ordinance or deemed necessary by the department. A. SITE-PLOT PLAN. The site-plot plan shall have a scale of one inch equal t o not more than fifty (50) feet and have a vertical contour interval not greater than five feet. The site-plot plan shall include all land within 1,000 feet of property of the proposed facility. The following shall be included as a minimum: 1. Name and address of the facility, property owner, and the facility operator; 2. City and/or township boundaries; 3. North arrow, section line, section number; 4. Waters of the state, floodplains, and floodways; 5. Land use and zoning within a 1,000-foot radius of the property lines; 6. Adjacent residences and property ownership; 7. Roads and railroads; 8. Easements and utilities; and 9. Location, size, and ownership of the land upon which the facility will operate. B. ENGINEERING PLANS. The engineering plans shall include as a minimum: 1. Roads, screening, fencing, gates, dimensions of buildings, dimensions of storage areas, loading and unloading zones, and location of existing utilities; 2. Dikes, berms, walls, dividers; 3. Landscape and grading plans; 4. If applicable, an engineering report including treatment equipment design criteria and expected performance data, the present and future population and area to be served by the facility, and the characteristics, quantities, and sources of infectious waste to be treated, disposed, or stored; and 5. Such additional clarifying data as may be requested by the county. C. OPERATIONS PLAN. The operations plan shall include as a minimum: 1. Plans for the final disposal of the treated waste; SECTION 12.00 INFECTIOUS WASTE FACILITIES Page 91 2. A management plan in compliance with Minn. R. 7035.9130 that requires information regarding infectious waste facility handling, contingencies, packaging, staff training, processing, and disposal, to be submitted to and approved by the MPCA; and 3. The name of the local fire department and a description of the arrangements that have been made and will be made with the local fire department to ensure the safety of fire response personnel and to minimize health hazards that might otherwise occur as a result of fire or fir efighting efforts. 12.02 OPERATIONAL REQUIREMENTS. A. The following shall be established and maintained at the infectious waste facility: 1. A sign, subject to the approval of the department, shall be posted on the premises indicating the facility name, the schedule of days and hours it is open, materials accepted, and prices for use if it is open to the public; 2. Roads on the premises shall be all-weather surfaced. The premises shall be constructed, screened, and landscaped in such a manner as to be aesthetically pleasing in appearance; 3. Adequate sanitary facilities and shelter for personnel shall be provided on the premises; 4. Records as approved and requested by the department shall be maintained and shall be accessible to the department. These records shall show: a. The total number of tons of infectious waste accepted, based solely on the difference between the tare weight of each vehicle and/or conveyance, and the gross weight of each vehicle and/or conveyance as measured on the scale or the total number of cubic yards if the facility is not equipped with a weighing scale; b. General type or types of infectious waste accepted at the facility; c. Origin(s) of infectious waste accepted, passed through, or rejected from the facility; d. The date and time of delivery; and e. The hauler(s) that delivered infectious waste to the facility; 5. The operator of a facility shall implement an inventory system and segregation procedure sufficient to enable identification of the type(s), origin(s), and destination(s) of solid waste in storage at any time; 6. The infectious waste facility shall be so situated, equipped, operated, and maintained as to minimize interference with other activities in the area; 7. The premises, entrances, and exits shall be maintained in a clean, neat, and orderly manner at all times; and 8. All unloading of wastes from waste transportation vehicles shall be conducted in such a manner as to reduce odor and litter outside the station to a minimum so as not to create a public nuisance. B. An infectious waste facility licensee shall comply with the following operational requirements: SECTION 12.00 INFECTIOUS WASTE FACILITIES Page 92 1. An infectious waste facility shall comply with the provisions of section 3.00 and with other applicable provisions of this ordinance except for those provisions specifically waived by the department, and shall pay the appropriate fees; 2. The facility must be in compliance with Minn. R. 7035.9100-7035.9140, (Infectious Waste Facility and transporter requirements); 3. The facility shall notif y the department prior to implementing any alterations or additions to the treatment or disposal system; 4. Infectious wastes shall not remain at the facility longer than five working days; 5. Decontaminated infectious wastes shall not be stored on site longer than seventy-two (72) hours unless specifically approved by the county board; and 6. Each quarter, the licensee shall submit a report to the department on a form prescribed by the department. The quarterly report shall be due on the last day of the month following the end of each quarter and include the following information for each of the three preceding months: a. Monthly totals of cubic yards or, if the facility is equipped with an approved weighing scale, tons of infectious waste received. Tonnage shall be determined by subtracting the tare weight of vehicles and/or conveyances from the gross weight of the vehicles and/or conveyances as measured on the scale; b. Number of incoming loads accepted at the facility; c. Number of loads and weight or volume of outgoing and rejected waste, type of outgoing and rejected waste, and the destination of the outgoing waste; and d. Other information as determined from time to time by the department that is required by this ordinance to be kept by the facility. [Remainder of page left intentionally blank.] SECTION 13.00 COMPOSTING FACILITIES Page 93 SECTION 13.00 COMPOSTING FACILITIES 13.01 LICENSE REQUIRED; APPLICATION REQUIREMENTS. It is a violation of this ordinance for any person to establish, operate, and maintain a composting facility without first being licensed to do so by the county board. The county board may, at its discretion, issue a license for the operation of a composting facility when the following materials, prepared by an appropriate professional, as determined by the department, are submitted to the county board for consideration. The application for the license shall contain a site-plot plan, engineering plans, an operational plan, and any other information required by other sections of this ordinance or deemed necessary by the department. A. SITE-PLOT PLAN. Site-plot plans shall have a scale of one inch equal to not more than fifty (50) feet and have a vertical contour interval not greater than two feet. Site plot plans shall include the following: 1. An existing conditions site plan identifying: area of the site in acres, existing topography, surface water drainage, buildings, vegetation, roadways, utilities, water supply wells, residences, surface water, drainage swales and closed depressions on-site and within 1,000 feet of the site; 2. Name and address of the facility, property owner, and the facility operator; 3. City and/or township boundaries; 4. North arrow, section line, section number; 5. Waters of the state, floodplains and floodways; 6. Land use and zoning within a 1,000-foot radius of the property lines; 7. Adjacent residences and property ownership; 8. Roads and railroads; 9. Easements and utilities; and 10. Location, size, and ownership of the land upon which the facility will operate. B. ENGINEERING PLANS. The engineering plans shall include as a minimum: 1. Roads, screening, fencing, gates, dimensions of buildings, storage areas, loading and unloading zones, and the location of existing and proposed utilities; 2. Landscape and grading plans that delineate the composting facility drainage characteristics; 3. Dikes, berms, walls, dividers; and 4. The department may request a report on the subsurface conditions at the proposed facility. The department may request data that is adequate to indicate suitable soils, geological and ground water information at the site. The license applicant must detail the above information in cross section(s) with the location of the cross section(s) indicated on the site plan. SECTION 13.00 COMPOSTING FACILITIES Page 94 C. OPERATIONS PLAN. The operations plan shall include as a minimum: 1. A description of the solid waste proposed to be collected, stored, and processed at the proposed facility; 2. A contingency action plan identifying procedures and actions to be taken in the event of fire, spill, chemical release, physical injury, or other emergency situations at the facility; 3. A description of the overall operation and a functional description of all composting equipmen t to be used, including design and anticipated performance. The operations plan must describe the flow of solid wastes through the facility; 4. The procedures for facility start-up and scheduled and unscheduled shut down operations; 5. A description of potential safety hazards and methods of control including, but not limited to: fire and smoke detection, air monitoring, fire control devices, ventilation, and exhaust control systems; 6. A description of worker protection, training, and safety equipment to be employed on-site; 7. A description and schedule of cleaning procedures to be employed at the facility; 8. A description of the handling, storage, and disposal methods to be used for unmarketable compost, rejects and residuals; 9. A description of the methods of weighing or measuring the solid waste accepted and processed at the facility including: residuals, rejects, and final product recovered; 10. Total capacity of the site including proposed storage and processing capacity for the incoming solid waste, rejects, residuals, compost in progress, curing compost, and finished compost; 11. Site access control methods; 12. Schedule of operation including days and hours of operation; 13. Special precautions or procedures for operation during wind, heavy rains, snow, and freezing conditions; 14. Procedures that address operator's response to odor, dust, ground or surface water contamination, on-site litter and blowing litter, and other nuisance conditions at the site; 15. Methods of controlling the types of solid waste received at the facility. The plan shall specify inspection procedures, number and location of spotters, rejection criteria, and procedures to be followed if prohibited wastes are discovered; 16. Methods and solid waste processing sequence, including the equipment to be used, the composting method to be employed (for example; in vessel, static pile, windrow, etc.), turning frequency, and total time of the composting process from initiation to completion and distribution; 17. Proposed monitoring, sampling protocol, and chemical analyses to be performed on the composting and composted materials; and 18. The proposed end markets and quality of the finished compost, wood mulch, or chips produced at the facility. SECTION 13.00 COMPOSTING FACILITIES Page 95 13.02 OPERATIONAL REQUIREMENTS. A. The following shall be established and maintained at the composting facility: 1. A sign, subject to the approval of the department, shall be posted on the premises indicating the facility name, the schedule of days and hours it is open, materials accepted, and the prices for public use; 2. Roads and working surfaces on the premises shall be all-weather surfaced; 3. Access control, including necessary gates and fencing; 4. Adequate sanitary facilities and shelter for personnel shall be provided on the premises; 5. Records as approved and requested by the department shall be maintained for three years and shall be accessible to the department. These records shall show: a. The total number of tons of solid waste accepted and disposed based solely on the difference between the tare weight of each vehicle and/or conveyance, and the gross weight of each vehicle and/or conveyance as measured on the scale or the total number of cubic yards if the facility is not equipped with a weighing sca le; b. General type or types of solid waste accepted, passed through, or rejected; c. Origin(s) of solid waste accepted or rejected by the facility; d. The date and time of delivery; and e. The hauler(s) that delivered solid waste to the facility; 6. The composting facility shall be situated, equipped, operated, and maintained as to minimize interference with other activities in the area. B. A composting facility licensee shall comply with the following requirements: 1. Adequate storage must be provided for all solid waste delivered to the facility and for the rejects, residuals, compost and other products that are produced, with limitations to be set by the county board as part of the license conditions; 2. Adequate storage area must be provided for all products that are available at the facility but are not produced at the facility and shall not impinge upon or compromise the day-to-day operations of the facility, with limitations that may be set by the county as part of the license conditions; 3. Drainage must be controlled to prevent ponding and surface water drainage from off-site must be diverted away from the composting site; 4. All contact water or leachate must be collected for re-use, on-site treatment, or transported off-site for treatment or proper disposal; 5. Such other requirements as may be established by the county board in order to protect the health, safety, and welfare of the public; and SECTION 13.00 COMPOSTING FACILITIES Page 96 6. Within one month after facility closure, all nonimpervious surfaces on which solid waste, compost, residuals, or finished product were staged, must be seeded with native grasses or other suitable vegetation. If operations cease between October 1 and April 1, the site must be seeded by May 1. 13.03 COMPOSTING ACTIVITIES WITH REDUCED REGULATIONS. The following composting activities shall be considered exempt from the requirements of sections 3.0 2, 13.01, 13.02, 13.05, and 13.06: A. Backyard compost sites and the resulting compost. B. The composting of less than 200 cubic yards of yard waste per year, provided the process follows acceptable methods of composting. C. Small compost sites of 120 cubic yards on site at any one time that meet the definition and operating requirements of Minn. Rules 7035.0300, Subp. 99a. D. REQUIREMENTS. Composting activities under section 13.03(A), (B) and (C) must comply with the following requirements: 1. Operations at the site shall not create a public nuisance or any conditions adversely affecting the environment or public health; 2. Activity at the site must not violate state or local laws, ordinances, rules, regulations, or orders; and 3. Failure to comply with the requirements of this section 13.03 is a violation of this ordinance. 13.04 ADDITIONAL OPERATIONAL REQUIREMENTS FOR YARD WASTE ONLY COMPOSTING FACILITIES. Yard waste composting facilities are subject to the following operational requirements, in addition to those contained in sections 13.01 and 13.02: A. Only yard waste, or similar vegetative waste as specifically approved by the department may be accepted at the facility; B. The facility must notify the Department when a load is rejected and identify the origin, date, and reason for the rejection. C. The facility operator must take steps to prevent the incoming material from undergoing anaerobic decomposition; and D. Operational reports, on a form approved by the department, must be submitted to the department semi - annually by July 31 and January 31 and must include the type and quantity, by weight or volume, of yard waste received at the facility; the quantity, by weight or volume, of rejects and residuals separated; the quantity, by weight or volume, of compost, wood chips, and mulch produced; the quantity, by weight or volume, of compost, wood chips, and mulch stored at the facility; and a description of the end-product distribution and residuals disposal. 13.05 ADDITIONAL DESIGN AND OPERATIONAL REQUIREMENTS FOR SOLID WASTE COMPOSTING FACILITIES EXCLUDING YARD WASTE COMPOSTING FACILITIES. SECTION 13.00 COMPOSTING FACILITIES Page 97 In addition to the requirements established in sections 13.01 and 13.02, a composting facility accepting solid waste must comply with the following design and operational requirements: A. The facility operator must provide a detailed description, including appropriate chemical and physic al analysis, as determined by the department, of the source(s), quality, and quantities of the solid waste(s) to be composted or used as bulking agents; B. The waste storage areas and the waste processing, composting, curing, and compost storage areas mus t be constructed of water impermeable surfaces such as concrete or asphalt, and designed to control leachate and surface water run-off; C. The tipping, processing, curing, and active composting activities must be conducted within an enclosed building; D. The facility must be designed and operated to control odors; E. The facility operator must initiate the processing of all solid waste within forty-eight (48) hours of delivery to the facility; F. Facilities that compost solid waste possessing a pathogen concern must meet the MPCA approved criteria for a process to further reduce pathogens and provide a description of temperature monitoring protocol and procedures; G. Daily operational records must be maintained for the facility that include temperature monitoring data, and operational data such as quantity and types of waste processed; H. Periodic analyses of the compost, as determined by the department, must be completed for the following parameters: percentage of total solids; volatile solids as a percentage of total solids; pH; Kjeldahl, ammonia, and nitrate nitrogen; total phosphorus; cadmium; chromium; copper; lead; nickel; zinc; mercury; and polychlorinated biphenyls (PCBs) and other parameters specified in Minn. R. 7035.2836, subp. 6. All analyses must be reported on a dry weight basis. The sampling and analysis program must be established in the facility license based on the facility design, intended end use distribution of the compost, waste composted, and facility operations; I. A quarterly operational report must be submitted to the department within thirty (30) days of the end of the calendar quarter and must include: all information and analyses specified in the license application, including copies of laboratory reports; the origin, types, a nd quantities of solid waste and bulking agents composted at the facility; the quantity of compost and residuals produced; sampling and monitoring locations and protocol used to obtain representative conditions and samples; operational information including temperature monitoring data and facility operational problems; and a description of the ultimate use and distribution of the finished compost; J. All compost produced at the facility is subject to the classification parameters established in Minn. R. 7035.2836, subp. 6(A); and K. Compost distribution and end use is subject to the restrictions outlined in Minn. R. 7035.2836, subp.7(A)- (C). 13.06 EXEMPTED REQUIREMENTS FOR NON-YARD WASTE COMPOSITING FACILITIES. SECTION 13.00 COMPOSTING FACILITIES Page 98 Solid waste composting facilities that only accept segregated, homogenous compostable materials may apply for an exemption from some of the requirements of section 13.00, subject to the department’s written approval. 13.07 ADDITIONAL DESIGN AND OPERATIONAL REQUIREMENTS FOR SOURCE SEPARATED COMPOSTABLE MATERIAL COMPOSTING FACILITIES. Source separated compostable material composting facilities are subject to the following design and operational requirements, in addition to those contained in sections 13.01 and 13.02: A. The facility must provide the department with the design and construction documents that meet the requirements of Minn. R. 7035.2836. B. The facility must provide the department with the operations manual and operate in a manner that meets the requirements of Minn. R. 7035.2836, Subp. 6 to 11. C. The facility must notify the Department at least 30 days prior to implementing changes to material acceptance. D. The facility must notify the Department when a load is rejected and identify the origin, date, and reason for the rejection. E. A quarterly operations report must be submitted to the department within thirty (30) days of the end of the calendar quarter and must include: all information and analyses specified in the license application, including copies of laboratory reports; the origin, types, and quantities of source separated compostable materials and bulking agents received at the facility; the quantity of compost and residuals produced; the quantity and type of rejects separated; the quantity of compost, wood chips, and mulch stored at the facility; and a description of the end-product distribution and rejects disposal. [Remainder of page left intentionally blank.] SECTION 14.00 NONCONFORMING SITES Page 99 SECTION 14.00 NONCONFORMING SITES 14.01 REQUIREMENT TO BRING NONCONFORMING SITE INTO CONFORMITY A. IN GENERAL. The owner of a nonconforming site shall bring the site into conformance with the requirements of this ordinance as well as all other applicable laws, rules, and ordinances. B. HAZARDOUS WASTES. In the event a hazardous waste, as that term is defined by Dakota County Ordinance 111, was disposed of or released on a nonconforming site, the owner of the site shall also comply with the requirements of Ordinance 111 as well as all other applicable laws, rules, and ordinances. C. REQUIREMENTS. The department may require the owner of a nonconforming site to: 1. Obtain a license as a solid waste facility from the county board pursuant to the requirements of this ordinance; 2. Complete closure of the facility not currently licensed under this ordinance in accordance with the requirements of section 3.05, section 3.06, and any other applicable sections of this ordinance; 3. Complete remediation of the nonconforming site in accordance with the requirements of sections 14.03 and 3.00 and any other applicable sections of this ordinance; 4. File a solid waste disposal disclosure notice with the Dakota County Property Record’s Department that meets the requirements of section 14.04 and any other applicable sections of this ordinance; and/or 5. Submit to the department all documents pertaining to the nonconforming site, including, but not limited to: investigations conducted of the site, environmental assessments, test results, and any other relevant information. 14.02 DUTY TO REPORT A NONCONFORMING SITE. A person who has knowledge of a nonconforming site shall disclose all information known to that person about the nonconforming site to the department. Failure to do so is a violation of this ordinance. 14.03 PROCEDURE AND REQUIREMENTS FOR REMEDIATION OF NONCONFORMING SITES. A. REMEDIAL INVESTIGATION PLAN. If the department requires the owner of a nonconforming sit e to remediate the site pursuant to section 14.01(C)(3), the owner must submit a remedial investigation plan to the department. The remedial investigation plan shall be prepared in accordance with recognized industry standards, including but not limited to American Society for Testing and Materials (ASTM) standards; and applicable MPCA guideline documents. The owner may not begin any corrective actions on the nonconforming site until the owner has submitted and received department approval of a remedial act ion plan as required by section 14.03(C). The remedial investigation plan must include, at a minimum, the following information: 1. The disposal history of the site including the approximate dates of waste acceptance and the types, composition, location, volumes, and manner of disposal of waste. 2. The identification of regulatory documents including a list of all permits, licenses, and approvals applied for or issued by federal, state, county, and local governments, and all previous environmental assessments conducted for the nonconforming site. SECTION 14.00 NONCONFORMING SITES Page 100 3. A description of the proposed assessment activities that will be used to properly characterize the nonconforming site. Such assessment activities shall include the following components: a. Assessment of the soil for all known or potential areas of contaminated sediments, including soils and underlying unconsolidated and consolidated sediments; b. Characterization of the solid wastes and if applicable, hazardous wastes present on the site; c. Location of the solid wastes and if applicable, hazardous wastes present on the site; d. Assessment of all above-ground and underground containers and any releases therefrom; e. Assessment of air quality and soil gas including information regarding monitoring locations and techniques; f. Assessment of the ground water where there is a potential for release of contaminants to vadose, if applicable, and ground water; g. Assessment of all surface waters and sediments where there is a potential for waste disposal in or release of contamination to surface waters; and h. An ecological assessment of any known or potential impacts to animal and/or plant life. 4. An accurate map depicting locations and depths of proposed borings, monitoring wells, sampling locations, test pits, or any other areas of assessment. The map shall include all appropriate buildings, structures, and other site features, an appropriate scale, orientation to north, and a key to all symbols used. 5. A description of the actions that s hall be taken if site conditions or wastes not addressed in the remedial investigation plan are encountered. The remedial investigation plan shall be modified upon discovery of such conditions or wastes, by submitting an addendum to the plan, for department approval, that addresses how the conditions or wastes shall be managed. 6. A statement of objectives for sampling and laboratory analysis including a list of the parameters to be analyzed, the analytical methods, and the practical quantification limi ts to be employed by the selected laboratory. A laboratory certified by the Minnesota Department of Health shall perform any analyses conducted in accordance with the remedial investigation plan. 7. A schedule of the fieldwork for the various stages of the investigation, and the estimated dates that the results of the remedial investigation plan, in the form of a remedial investigation report, shall be available. 8. Site Health and Safety Plan. A description of the site health and safety plan for invest igation activities to be conducted upon the nonconforming site. The site health and safety plan must include hazard evaluation, levels of personal protection to be used, and emergency procedures. Department approval of the remedial investigation plan shal l not be construed as an approval of the adequacy of the site health and safety plan or its compliance with EPA rules, OSHA standards, or any other applicable laws, rules, or ordinances. B. REMEDIAL INVESTIGATION REPORT . The owner of a nonconforming site shall submit a remedial investigation report to the department, based on implementation of the department approved remedial investigation plan required by section 14.03(A). The report must include the results of all sampl ing and testing completed under the remedial investigation plan and an evaluation of all appropriate remedial SECTION 14.00 NONCONFORMING SITES Page 101 options based upon the investigation results. The owner may not begin any corrective actions on the nonconforming site until the owner has submitted and received department approval of a remedial action plan as required by section 14.03(C). C. REMEDIAL ACTION PLAN. 1. Remedial Action Plan. The owner of a nonconforming site shall submit a remedial action plan to the department, based on the remedial investigation report required by section 14.03(B), and shall receive department approval of the remedial action plan prior to beginning any corrective actions at the nonconforming site. The corrective actions proposed for the nonconforming site shall be based upon the type and extent of the wastes and contamination, if any, at the nonconforming site and the current and proposed land use of the nonconforming site and adjacent properties. If applicable, the remedial action plan shall be reviewed and appro ved by the appropriate state agency authorized by Minnesota law. 2. Remedial Actions. Corrective actions required at a nonconforming site may include, but are not limited to, the complete removal of waste and contaminated soils, the covering of any residu als and soils containing contaminants, and the remediation of any releases to the environment. The closure of a nonconforming site shall be conducted in accordance with the requirements of sections 3.0 5 and 3.06, and any other applicable sections of this ordinance. The remedial action plan shall include the solid waste facilities proposed for the intermediate and final disposal of excavated waste and contaminated soils, if any, and the methods and equipment to be used to remove them. If there is a need for post-closure care, this must be included in the remedial action plan. 3. Site Health and Safety Plan. The remedial action plan shall include a site health and safety plan that is submitted to the department for review prior to the implementation of any corrective actions or closure activities on the nonconforming site. At a minimum, the site health and safety plan shall include hazard evaluation, levels of personal protection to be used and emergency procedures. Department approval of the remedial action plan shall not be construed as an approval of the adequacy of the site health and safety plan or its compliance with EPA rules, OSHA standards, or any other applicable laws, rules, or ordinances. 4. Implementation of Remedial Action Plan. a. Documentation of the management and disposal of all wastes, contaminated soil, and releases to environmental media, if any, identified on the nonconforming site must be submitted to the department within thirty (30) days of completion of the remedial actio n plan to verify the proper management of waste and the approved remediation of the site. b. A nonconforming site owner shall take measures to minimize erosion, such as the establishment of vegetation and provision of adequate surface water drainage, to all areas affected by the excavation of wastes or soil from the nonconforming site. c. The remediated nonconforming site shall be closed in such a way so as to facilitate, when appropriate, the approved, compatible end use, which protects the environment and promotes the public health and safety in the future. D. COMPLIANCE WITH OTHER REGULATORY REQUIREMENTS. In addition to complying with this ordinance, a nonconforming site that is not in compliance with other applicable county, local, state, or federal agencies’ regulations or standards shall bring the nonconforming site into compliance with those regulations, standards, or guidelines. E. ADDITIONAL REQUIREMENTS. If deemed necessary by the department, the department may require additional information and/or investigation in the preparation of the remedial investigation plan required by SECTION 14.00 NONCONFORMING SITES Page 102 section 14.03(A), the remedial investigation report required by section 14.03(B), and/or the remedial action plan required by section 14.03(C). F. WAIVER OF REQUIREMENTS. In its discretion, the department may waive any of the requirements set forth in sections 14.03(A) to 14.03(C). 14.04 FILING OF SOLID WASTE DISCLOSURE NOTICE. A. IN GENERAL. An owner of a nonconforming site, who is required by the department to complete closure of an unlicensed facility pursuant to section 14.01(C)(2), shall file a solid waste disclosure notice with the Dakota County Property Records Department in accordance with section 3.0 6(G). An owner of a nonconforming site who is required by the department to complete remediation of the site pursuant to section 14.01(C)(3) shall file a solid waste disclosure notice with the Dakota County Property Records Department if the remedial action plan approved by the department under section 14.03 allows solid waste or the residuals of wastes or releases to remain on the property with approved cover material. The solid waste disclosure notice shall meet the requirements of section 14.04(B) below and s hall be in a form approved by the department. The owner shall file the solid waste disclosure notice with the Dakota County Property Records Department within thirty (30) days following completion of the approved corrective actions. B. CONTENT OF A SOLID WASTE DISPOSAL DISCLOSURE NOTICE. The solid waste disposal disclosure notice shall be properly signed, dated, and notarized and shall contain, but not limited to, the following information: 1. The nonconforming site’s legal description; 2. The type and location of solid wastes or residuals that are located on the property in violation of this ordinance; 3. The cover material, if any, used to cover the solid wastes or residuals; 4. The restrictions, if any, for use of the portion of the property upon which the solid wastes or residuals are located; and 5. A certification that to the best of the property owner’s knowledge the information contained in the solid waste disposal disclosure notice is true and complete. [Remainder of page left intentionally blank.] SECTION 15.00 COLLECTION AND TRANSPORTATION OF SOLID WASTE AND RECYCLABLE Page 103 MATERIALS SECTION 15.00 COLLECTION AND TRANSPORTATION OF SOLID WASTE AND RECYCLABLE MATERIALS 15.01 LICENSE REQUIRED. No person may collect and/or dispose solid waste, including recyclable materials, within Dakota County without first being granted a license to do so by the department as specified in this section. This section shall not apply to persons who collect and transport their own household solid waste. This section shall not apply to perso ns collecting or hauling strictly demolition waste or special waste to a demolition landfill or special waste landfill except for the provisions of section 15.04. 15.02 EQUIPMENT AND OPERATIONS REQUIREMENTS. A. EQUIPMENT REQUIREMENTS. All solid waste collection and transportation vehicles shall be easily cleanable, leak-proof, and be covered with metal, canvas, or a fish-net type material so as to prevent escape of solid waste while in transit. B. MAINTENANCE. The licensee shall maintain all solid waste collection and transportation vehicles in a safe and sanitary manner and provide brooms and shovels on each vehicle for the purpose of cleaning spilled material. All safety equipment including but not limited to horns, lights, and reflectors shall be operable. C. LABELING. Each vehicle used by a hauler for the collection or transportation of solid waste shall be identified by a license decal issued for that vehicle for the current license year. The hauler must pe rmanently affix the decal in a conspicuous place on the left side of the cab of the vehicle for which it was issued as directed by the department. The hauler must maintain the license decal so that it is readily visible and legible at all times. Any vehicle not bearing the required decal shall be considered unlicensed. Vehicles used exclusively for collecting source-separated recyclable materials or hauling processed recyclable materials to market need not have a license decal, but the hauler must be licensed. In addition, the hauler shall print or paint in legible characters the capacity of each vehicle and container and the name, address, and telephone number of the hauler on each side of all vehicles or containers used by the hauler to store, collect, or transport solid waste in Dakota County. Letters and numbers shall be at least four inches high for all vehicles and at least two inches high for all containers. This provision shall not apply to containers owned and maintained by a solid waste generator . Haulers must ensure all solid waste containers provided to their customers are labeled according to the requirements in section 16.06. D. INSPECTION. The department may inspect and approve all solid waste collection and transportation vehicles. E. STORAGE. The licensee shall not allow solid waste to remain or be stored in any collection or transportation vehicle, including roll-offs and other detachable containers in excess of forty-eight (48) hours, except in the event of an emergency such as inclement weather, equipment breakdown, or accident. Any storage of waste in containers must be done with a water impermeable cover. F. PROTECTING PRIVATE PROPERTY. The licensee shall take reasonable care to protect the property of customers being served. The licensee shall be responsible for any damage or spillage of solid waste as a result of the licensee or the licensee’s employees or agent’s action(s). G. SMOKING, SMOLDERING OR BURNING WASTE. The licensee may not collect and transport waste materials that are smoking, smoldering, or burning. SECTION 15.00 COLLECTION AND TRANSPORTATION OF SOLID WASTE AND RECYCLABLE Page 104 MATERIALS H. DUMPING IN AN EMERGENCY. The licensee shall be responsible for the clean-up of any waste that must be dumped in an emergency. The operator of the vehicle shall immediately notify the department and the appropriate law enforcement agency and emergency service of such a dumping and clean the area within a time limit set by the department. I. HOURS OF OPERATION. The licensee may not collect and transport solid waste from residential sources before 6:00 a.m. or after 9:00 p.m. J. YARD WASTE COLLECTION. Solid waste haulers shall only accept for collection, yard waste that is generated and placed for collection in Dakota County: (1) that has been placed in paper bags or other containers that meet all the specifications in American Society for Testing and Materials (ASTM) Standard Specific for Compostable Bags (D6400) or (2) that is in a container that is not collected with the yard waste; or (3) that is not containerized. K. PROHIBITED WASTES. Solid waste haulers shall not accept for collection in Dakota County any mixed municipal solid waste that contains yard waste, Christmas trees, dry cell batteries (as prohibited by Minn. Stat. §115A.9155), wastes containing mercury (as prohibited by Minn. Stat. §115A.932), motor vehicle fluids and filters (as prohibited in Minn. Stat. §115A.916), cathode ray tubes or any additional materials prohibited under Section 3.01 A and B. 15.03 METROPOLITAN AREA SOLID WASTE SHALL BE DISPOSED IN CONFORMING FACILITY. No person may place in Dakota County, or transport in Dakota County for placement outside the county, solid waste that is generated in the metropolitan area, in a portion of any final disposal facility that does not comply with the minimum requirements for design, construction, and operation of a new final disposal facility for the type of solid waste being disposed. 15.04 SECURE ALL LOADS. A person who collects or transports solid waste must do so in a safe and sanitary manner and must secure all loads so as to prevent escape of any of these materials. Failure to do so is a violation of this ordinance and subjects a hauler to enforcement actions under section 3.15. 15.05 TRASH, RECYCLABLES, AND ORGANICS MATERIALS REPORTING. A licensed hauler who collects or transports municipal solid waste, recyclables, or organics in Dakota County must report to the Department information relating to the collection, processing, and disposition of recyclable materials, organics, and solid wastes. The information shall be reported to the department on at least a quarterly basis (no later than 30 days after the end of each quarter) on the form developed under MN 115A.93 sub 1, c. 15.06 RECORDS. A. INFORMATION REQUIRED. A person who collects solid waste in Dakota County shall maintain records regarding the volume, weight, type(s), and origin(s) of waste collected. Each day, a record of the origin(s), type(s), and weight of the waste collected that day and the identity of the solid waste facili ty at which collected waste is deposited must be kept on the waste collection vehicle. If the waste is measured by volume at the solid waste facility at which it is deposited, the record may indicate the volume rather than the weight of the waste. These daily records must be maintained at the Haulers Base County Office for 3 years and be available for inspection. B. WASTE DEPOSIT DISCLOSURE. SECTION 15.00 COLLECTION AND TRANSPORTATION OF SOLID WASTE AND RECYCLABLE Page 105 MATERIALS 1. Disclosure Required. a. At least annually between January 1 and March 31, a person who collects for transportation (hauler) to a solid waste facility, construction debris, industrial waste, or mixed municipal solid waste generated in Dakota County, shall disclose to each waste generator from whom such waste is collected, the name, location, and type of, and the number of the permit issued by the MPCA, or its counterpart in another state, if applicable, for the processing or final disposal facility or facilities, excluding a transf er station, at which the waste will be deposited. The hauler shall state the approximate percentage of waste deposited at each of the two primary facilities used for the type of waste collected from the generator in Dakota County and any alternative solid waste facilities regularly used by the hauler for the type of waste collected from the generator in Dakota County. b. All written disclosures must include the following statement: “You may be responsible for any liability that results from contaminatio n at a facility where your waste has been deposited. Minnesota believes that its waste management system provides substantially more financial and environmental protection than depositing waste in landfills in other states. Managing your waste in Minnesota may minimize your potential liability.” c. All oral disclosures must include the following statement: “You may be responsible for any liability that results from contamination at a facility where your waste has been deposited. Minnesota believes that its waste management system offers more protection from liability than the waste management systems of other states.” d. If any of the primary or alternative disposal facilities identified by the hauler in paragraph (a) are not located in Minnesota, the disclosure must also state “The landfill to which your waste may be sent during the current calendar year is not a Minnesota landfill.” 2. Form of Disclosure. a. A hauler shall make the disclosure to the solid waste generator in writing at least once a year between January 1 and March 31 and on any written contract for collection services for that year. The written disclosure must include all of the information described in section 15.06(B)(1). The oral disclosure required in this section need only incl ude the statement required in section 15.06(B)(1)(b) and the statement required in section 15.06(B)(1)(c) if that paragraph applies. b. An oral disclosure is only required with regard to the collection of mixed municipal solid waste. A hauler must provide the required disclosure orally to a waste generator at the time the generator agrees to purchase regular collection service and must provide written disclosure to the generator within forty-five (45) days from the date of request for collection service. This oral disclosure is not required if Dakota County or the city in which the waste is generated selects the hauler that may provide collection services to the generator. c. If a hauler provides one-time or occasional service to a waste generator, the hauler must orally provide the generator with the required disclosure at the time the generator agrees to purchase the collection service. The hauler shall then provide written disclosure to the generator within forty-five (45) days from the date of request for services. d. If an additional facility becomes either a primary facility or an alternative facility during the year, the hauler shall make the disclosure set forth in section 15.06(B)(1) within thirty (30) days. A municipality that collects solid waste without direct charges to waste generators shall make the disclosure on any statement that includes an amount for waste SECTION 15.00 COLLECTION AND TRANSPORTATION OF SOLID WASTE AND RECYCLABLE Page 106 MATERIALS management, provided that, at a minimum, disclosure to waste generators must be made at least twice annually in a form likely to be available to all generators. 3. Hauling to Transfer Stations. If a hauler deposits solid waste at a transfer station, the hauler need not disclose the name and location of the transfer station to the solid waste generator but must disclose the destination of the waste when it leaves the transfer station. 15.07 MIXING OF MIXED MUNICIPAL SOLID WASTE AND SOURCE-SEPARATED MATERIAL PROHIBITED. Solid waste haulers shall not mix source-separated materials with mixed municipal solid waste or handle source- separated materials in any way that reduces the reusability or marketability of the source -separated material. All source-separated materials must be delivered to a facility licensed or permitted to accept the material. Co-collection of durable compostable bags with mixed municipal solid waste is allowed as long as the durable compostable bags are separated for composting or anaerobic digestion. 15.08 ADDITIONAL REQUIREMENTS FOR HAULERS LICENSED UNDER THE REGIONAL HAULER LICENSING PROGRAM. No hauler shall collect or transport for disposal in Dakota County, mixed municipal solid waste generated in the counties unless the hauler has a valid base license and a valid Dakota County operating license. On the expiration date of a current license, any activity for which the license is required shall cease. Haulers licensed under the Regional Hauler Licensing Program shall comply with the following additional requirements: A. LICENSE APPLICATION FOR BASE AND OPERATING LICENSES. The hauler shall subm it a completed application to the base county on forms provided by the base county. The hauler shall submit to the base county all license application information necessary to obtain a base license and all operating licenses. Information necessary to obtain base and operating licenses shall be set forth on the application form as determined by the department. An application that is not complete may be returned to the hauler. An application will be deemed incomplete if information is omitted, incomplete, inaccurate, non-compliant, or if the required fees do not accompany the application. B. INCOMPLETE OR NONCONFORMING APPLICATION. If an application for a base or operating license is not complete or otherwise does not conform to the requirements set forth in this ordinance, the department shall notify the applicant, in writing, of the reasons for non-acceptance and may request that the applicant resubmit, modify, or otherwise alter the application. The notification required by this section shall be served upon the applicant by first class mail sent to the address provided on the application form. C. LICENSE FEES. The hauler shall pay to the base county all license fees for a base license and all operating licenses issued pursuant to the Regional Hauler Licensing Program. No license fee shall be prorated for a portion of a year and no license fee shall be refunded. D. APPLICATION DUE. License renewal applications must be submitted to the base county by April 30 of the license term. A license renewal application received after April 30 shall be subject to a late fee. A complete application submitted after the due date specified in this section shall be subject to the following late fees: 1. One to seven days late - twenty-five percent (25%) late fee; 2. Eight to thirty (30) days late - fifty percent (50%) late fee; and 3. After thirty (30) days - one hundred percent (100%) late fee. An application for a license that has expired shall be deemed an initial application, except that it must be accompanied by the license fee plus the late fees imposed by this section. SECTION 15.00 COLLECTION AND TRANSPORTATION OF SOLID WASTE AND RECYCLABLE Page 107 MATERIALS E. FAILURE TO ACT ON LICENSE APPLICATION. If the base county does not act on a license renewal application that is complete and submitted by June 30, the current base and operating licenses shall continue in force until the base county takes action on the application. If the department fails to act within sixty (60) days of receipt of a properly completed initial application, the applicant may request a hearing on the application. The hearing request shall be in writing stating the grounds for the appeal and served on the county board by personal service or certified mail with a copy to the department. The request for hearing shall be governed by section 3.17. F. NOTICE OF DENIAL AND RIGHT TO APPEAL. If the department denies a license to an applicant, the applicant shall be notified of such denial in writing. The denial shall be served by the department by personal service or by certified mail to the address designated in the license application. Se rvice by certified mail shall be deemed to be complete upon mailing. The applicant may appeal the license denial by filing a request for an appeal hearing. The appeal hearing request shall be in writing stating the grounds for the appeal and served on the county board by personal service or certified mail with a copy to the department within ten (10) county working days of the service of the license denial, exclusive of the day of service. Following timely service of a request for a hearing, the county boar d shall set a time and place for the hearing pursuant to section 3.17. G. BASE LICENSE. A hauler that collects or transports for disposal in Dakota County, mixed municipal solid waste generated in Dakota County shall obtain and maintain a base license from the base county. A hauler that collects or transports for disposal in Dakota County, mixed municipal solid waste generated in any of the counties shall obtain and maintain a base license from Dakota County, if Dakota County is the hauler’s base county. H. VEHICLES LICENSED. All vehicles used by a hauler for the collection or transportation of mixed municipal solid waste within the counties shall be included in the hauler’s license application submitted to the base county. If a vehicle is put into service during the license year, the hauler shall submit the required information for this vehicle to the base county and shall not use the vehicle to collect or transport mixed municipal solid waste within the counties until a decal has been issued and affixed to the new vehicle. I. OPERATING LICENSE. Any hauler that collects or transports for disposal in Dakota County, mixed municipal solid waste in Dakota County must obtain and maintain an operating license from Dakota County. A hauler shall obtain and m aintain a base license from the base county in order to be eligible for an operating license. Suspension or revocation of a hauler’s base license shall result in the summary suspension of the hauler’s operating license issued by Dakota County. J. TERMINATION OR CANCELLATION OF REGIONAL HAULER LICENSING PROGRAM. In the event Dakota County withdraws from the Regional Hauler Licensing Program or this program is terminated, any hauler licenses in effect at that time shall continue in force until the end of the current license term. K. HAULERS SHALL OFFER RECYCLING SERVICES. 1. Solid waste haulers collecting mixed municipal solid waste in Dakota County shall be required to provide recycling services and opportunities for their customers. 2. Effective January 1, 2022, solid waste haulers shall offer weekly recycling services to all residential customers that are single family and residential customers where each household has its own curbside collection container for recycling. A solid waste hauler shall be exempt from the weekly recycling requirement if its previous year’s residential recycling rate in Dakota County is at least 40%. SECTION 15.00 COLLECTION AND TRANSPORTATION OF SOLID WASTE AND RECYCLABLE Page 108 MATERIALS The recycling rates shall be calculated based on the reporting under Section 15.05. Organics and yard waste recycling shall not enter into this calculation. If in a community, a hauler provides residential recycling services only, the recycling rate will be calculated based on the total residential municipal solid waste reported in that community. 3. Haulers must collect the designated list of recyclables approved by the Dakota County Board of Commissioners. The designated list of recyclables will be published on the Dakota County Website. Haulers may collect additional materials for recycling if they have identified a recycling market. 4. All recyclables collected must be delivered to a facility licensed and/or permitted to accept the recyclables. L. COLLECTION FEES. 1. Charges for the collection of mixed municipal solid waste in Dakota County shall increase with the volume or weight of the waste collected; 2. Collectors of mixed municipal solid waste in Dakota County are prohibited from imposing a greater charge on residents who recycle than on residents who do not recycle; 3. Haulers shall offer a 35-gallon or less base unit fee for mixed municipal solid waste generated by a residential source. Incremental service levels shall not increase by more than thirty-two (32) gallons, with the exception of fees charged for bulky items; 4. Fees for service that are not based on volume or weight are prohibited by this ordinance. M. INVOICES. Effective July 1, 2020, all invoices must contain the following information itemized for each waste type covered by the invoice: 1. Price for service 2. Taxes and fees collected 3. Container size for each collection container serviced 4. Collection frequency for each collection container serviced 5. Service period covered in the invoice N. CUSTOMER EDUCATION. All haulers must provide the following: 1. Effective July 1, 2020, haulers must provide solid waste abatement messaging to all of their customers with the list of recyclable materials and organics they accept. Messages shall be in print or electronic form and must be consistent with the solid waste abatement messaging published by the Department. The solid waste abatement messaging must happen upon initial service acquisition and annually thereafter. The communication method and message must be documented and available to Department inspectors for three years. O. CHANGES IN SERVICE OFFERED. Haulers must submit an amended license application 30 days prior to implementing any changes in service offered including, but not limited to, changes in materials accepted. 15.09 LICENSE APPLICATION REQUIREMENTS FOR SOLID WASTE HAULERS NOT LICENSED UNDER THE REGIONAL HAULER LICENSING PROGRAM. SECTION 15.00 COLLECTION AND TRANSPORTATION OF SOLID WASTE AND RECYCLABLE Page 109 MATERIALS Solid waste haulers not licensed under the Regional Hauler Licensing Program shall comply with the following additional requirements: A. LICENSE APPLICATION. The hauler shall submit a completed application to Dakota County on a form provided by the department. An application will be deemed incomplete if information is omitted, incomplete, inaccurate, non-compliant, or if the required fees do not accompany this application. B. VEHICLES LICENSED. All vehicles used for the collection and transportation of solid waste in Dakota County shall be listed on the application. The applicant shall specify the make, model, year and capacity, in cubic yards, as well as the tare weight of each vehicle. If a vehicle is put into service during the license year, the hauler shall submit the required information for this vehicle to the departm ent and shall not use the vehicle until a decal has been issued and affixed to the new vehicle. C. APPLICATION DUE. License renewal applications must be submitted to the department by April 30 of the license term . License renewal applications received after April 30 shall be subject to a late fee. D. INCOMPLETE OR NON-CONFORMING APPLICATION. If a license application is not complete or otherwise does not conform to the requirements set forth in this ordinance, the department shall advise the applicant of the reasons for non-acceptance and may request that the applicant resubmit, modify, or otherwise alter the application. E. LICENSE FEES. The hauler shall pay all license fees to Dakota County. The amounts of such license fees shall be established by the county board. No license fee shall be prorated for a portion of the license term and no license fee shall be refunded. F. FAILURE TO ACT ON LICENSE APPLICATION. If the department does not act on a license renewal application that is complete and submitted by June 30, the current license shall continue in force until the department takes action on the application. If the department fails to act within sixty (60) days of receipt of a properly completed initial application, the applicant may request a hearing on the application. The hearing request shall be in writing stating the grounds for the appeal and served on the county board by personal service or certified mail with a copy to the department. The request for hearing shall be governed by section 3.17. G. NOTICE OF DENIAL AND RIGHT TO APPEAL. If the department denies a license to an applicant, the applicant shall be notified of such denial in writing. The denial shall be served by the department by personal service or by certified mail to the address designated in the license application. Service by certified mail shall be deemed to be complete upon mailing. The applicant may appeal the license denial by filing a request for an appeal hearing. The appeal hearing request shall be in writing stating the grounds for the appeal and served on the county board by personal service or certified mail with a copy to the department within ten (10) county working days of the service of the license denial, exclusive of the day of service. Following timely service of a request for a hearing, the county board shall set a time and place for the hearing pursuant to section 3.17. 15.10 INSURANCE REQUIRED; HAULERS. Unless otherwise provided by the county board, a licensed hauler sha ll furnish to the county, certificates of insurance issued by insurers duly licensed within the State of Minnesota evidencing the following insurance coverages and amounts or a self-insurance plan certified by the Minnesota Commissioner of Commerce providing equivalent coverages: A. ALL HAULERS SHALL PROVIDE AT A MINIMUM: 1. Commercial General Liability/Professional Liability with contractual liability coverage in the amount of the Counties' tort liability limits set forth in Minnesota Statute 466.04 and as amended from time to time. The Regional Hauler Licensing Board, the County, its agents, officers, and employees shall be listed SECTION 15.00 COLLECTION AND TRANSPORTATION OF SOLID WASTE AND RECYCLABLE Page 110 MATERIALS as an additional insured as it relates to these liabilities. The certificate of insurance shall require that at least sixty (60) day notice be given to the county of cancellation of any insurance coverage specified therein. 2. Automobile coverage in the amount of the Counties' tort liability limits set forth in Minnesota Statute 466.04 and as amended from time to time. 3. Workers' Compensation in statutory amount (if applicable) [Remainder of page left intentionally blank.] SECTION 16.00 SOLID WASTE ABATEMENT Page 111 SECTION 16.00 SOLID WASTE ABATEMENT 16.01 MUNICIPALITY SOLID WASTE ABATEMENT PROGRAM. A. Each municipality shall have a solid waste abatement program. Each municipality's program must: 1. Be consistent with the County Solid Waste Master Plan; and 2. Ensure the opportunity to recycle exists for all residents and commercial generators. 3. Deliver solid waste abatement messaging as determined by the Department. 4. Support the implementation of the County Solid Waste Master Plan. B. By January 1, 2021, each municipality with a population over 10,000 shall enact or modify and enforce an ordinance that must: 1. Be consistent with and no less restrictive than this ordinance. 2. Require property owners of multi-unit residential buildings to comply with section 16.03, except for 16.03 (A) (5). 3. Require event sponsors, owners and operators of large event venues with organics to comply with section 16.05. C. If a municipality does not maintain a solid waste abatement program, the county may implement a solid waste abatement program in that municipality consistent with the county's solid waste master plan and this ordinance. D. The county may recover its costs for developing, implementing, and operating a solid waste abatement program including, but not limited to, administrative, monitoring and public education costs, from any municipality or group of municipalities, which does not maintain a solid waste abate ment program. Costs may be pursued through a service charge established pursuant to Minn. Stat. §400.08 or through such other means deemed appropriate by the county board. E. Each municipality shall submit a completed annual report to the department on a form prescribed by the department by February 15 of the following year. Failure to submit a report shall be construed by the department as a failure on the part of the municipality to have a solid waste abatement program and shall be subject to sections 16.01(C) and 16.01(D). 16.02 COMMERCIAL GENERATORS. A. By July 1, 2020, commercial generator owners and managers shall: 1. Ensure all collected source separated recyclables are delivered to a recycling facility. 2. Ensure all collected source separated organics are delivered for food recovery, to a composting facility or an anaerobic digester. 3. Comply with section 16.05. 4. Ensure that the collection schedule and container capacity are sufficient to contain all the recyclables collected and organics (if collected) from the building and public spaces and to prevent overflowing containers. SECTION 16.00 SOLID WASTE ABATEMENT Page 112 5. Submit a completed annual report on a form prescribed by the department by January 31 of each year. 16.03 MULTI-UNIT RESIDENTIAL BUILDINGS. A. By January 1, 2020, Multi-Unit Residential Building owners and managers who manage municipal solid waste through a common contract shall: 1. Ensure recycling service is provided to all residents. 2. Comply with section 16.05. 3. Provide recycling containers with a weekly service capacity of at least 0.1 cubic yards per dwelling unit. 4. Ensure that the collection schedule and container capacity are sufficient to contain all the recyclables collected and organics (if collected) from the building and public spaces and to prevent overflowing containers. 5. Submit a completed annual report on a form prescribed by the department by January 31 of each year. 16.04 ORGANICS. A. Property owners, managers, and event sponsors of the following large commercial organics generators shall comply with this section: 1. By January 1, 2022, Food wholesalers, distributors and manufacturers; grocery stores. 2. By January 1, 2023, Hospitals; schools, colleges and universities with dining services. 3. By January 1, 2024, Office buildings with dining services; hotels; farmers markets; food shelves and food banks; nursing and residential care facilities; restaurants; shopping centers; airports; golf clubs and country clubs; public/rentable commissaries or shared use commercial kitchens; sports and event centers; caterers; large event venues with organics; other businesses identified by the Department. B. Large commercial organics generators shall: 1. Ensure back-of-house organics are separated from other solid waste. Only incidental amounts of organics shall be disposed of in a garbage disposal. 2. Comply with Section 16.05 3. By January 31 of each year, submit a completed annual report on a form prescribed by the Department. 16.05 TRASH, RECYCLING AND ORGANICS REQUIREMENTS. A. Property owners, managers, and event sponsors shall: 1. By the dates established in 3.01 (A) (4) and (5) ensure the designated list of recyclables are collected for recycling. 2. Provide a collection schedule and containers adequate to meet the requirements of this ordinance. Container locations must include but are not limited to: indoor and outdoor locations, public spaces, private spaces, and communal spaces. 3. Ensure all trash collection containers or collection chutes are co-located within 10 feet from a recycling container or recycling chute. Each container or chute must have equal access. 4. Ensure all trash, recyclables, and organics collection containers are clearly labeled or marked as required in 16.06. 5. Ensure all trash is delivered to a facility licensed or permitted to accept the waste, recyclables are delivered to a recycling facility, and organics are delivered for food recovery or to a composting facility or anaerobic digester. SECTION 16.00 SOLID WASTE ABATEMENT Page 113 6. Provide solid waste abatement messaging in print or electronic form to each employee, tenant, multi- unit resident, student, volunteer, and housekeeping and custodial contractors. Messaging must be documented and follow the solid waste abatement messaging published on the Dakota County Website and occur: a. At least annually. b. Within 30 days of any substantive change to generator’s waste program. c. Within 30 days of a new hire or new tenant. 16.06 LABELING. A. Property owners and managers shall: 1. Ensure each trash, recycling, and organics container has a visible sign or label that is consistent with the Department’s solid waste abatement messaging including: a. Indicates which materials are acceptable in designated containers by using the term “Trash” or “Recycling” or “Recycle” or “Organics.” Any other waste types must be clearly labeled with materials accepted. b. Shows images of acceptable materials. c. Is color-coded: blue for recycling; green for organics; and, gray or black for trash. d. Is visible and legible to users. e. Includes preparation instructions where applicable, 2. Replace a sign or label if it becomes damaged, faded, illegible, or when images or text conflict with the designated list of organics or the designated list of recyclables. 3. This section goes into effect on: a. January 1, 2020 for all containers purchased after December 31, 2019. b. January 1, 2022, for containers purchased prior to January 1, 2020. 16.08 LAWFUL ACTS. Nothing in this ordinance shall abridge the right: A. Of any solid waste abatement program to lawfully operate within Dakota County, subject to such licenses or other regulations as may be required by law. B. Of any person to give or sell their recyclable materials to any solid waste abatement program lawfully operating for profit, non-profit, or charitable purposes. SECTION 17.00 VARIANCES Page 114 SECTION 17.00 VARIANCES 17.01 APPLICATION. Upon written application by the applicant or operator, the county board may grant variances from the requirements of the regulations and standards prescribed by this ordinance in order to promote the effective and reasonable application and enforcement of the provisions of this ordinance. The variance shall be in writing and granted only for good cause. A request for such variance shall be accompanied with a plan and time schedule for compliance with the provisions of this ordinance. 17.02 CONTINUING VARIANCE. The county board may approve a variance that will carry over to each successive license renewal granted unless specifically rescinded by the county board. 17.03 DENIAL OF VARIANCE AND RIGHT TO APPEAL. If a variance request is denied, the applicant may appeal the denial by filing a request for an appeal hearing. The appeal hearing request shall be in writing stating the grounds for the appeal and served on the county board by personal service or certified mail with a copy to the department within ten (10) county working days from the date of the denial of the variance. Following timely service of a request for hearing, t he county board shall set a time and place for the hearing pursuant to section 3.17. [Remainder of page left intentionally blank.] SECTION 18.00 EMERGENCY WAIVER OF STANDARDS Page 115 SECTION 18.00 EMERGENCY WAIVER OF STANDARDS 18.01 IN GENERAL. In the event of a disaster occurring within or outside the boundaries of Dakota County, the department may grant an emergency waiver from the requirements of the regulations and standards prescribed by this ordinance. 18.02 LIMITATIONS OF EMERGENCY WAIVER. A. An emergency waiver may only be issued when: 1. There has been a presidential declaration of major disaster in the State of Minnesota; 2. The governor has declared a peacetime emergency under the authority of Minn. Stat. § 12.31,subd.1; or 3. A local emergency has been declared under the authority of Minn. Stat. § 12.29. B. The department may issue an emergency waiver if the waiver will not pose a threat to public health and safety or the environment. If granted, the department may set conditions on the emergency waiver, as necessary, to protect public health and safety or the environment. C. If granted, the department must specify in the emergency waiver: 1. The requirements of the regulations and standards set forth in this ordinance and/or conditions of a license issued under this ordinance that are waived; and 2. Any required conditions set in accordance with section 18.02(B) above. D. The effective period of an initial waiver shall not exceed 60 days. The department may extend the effective period of a waiver, as necessary, to assist in the recovery from a disaster. E. If granted, an emergency waiver only serves to waive requirements of the regulations and standards set forth in this ordinance and/or conditions of a license issued under this ordinance. All other minimum standards of this ordinance and license conditions which are not the subject of the waiver shall remain in effect. The person receiving the waiver is still obligated to abide by all other applicable federal, state, or local laws, statutes, ordinances, rules and regulations or any other federal, state, or loc al permit and/or license. F. An emergency waiver may be modified, canceled or revoked by the department without advance notice if the department determines that any of the following have occurred: 1. The use of an emergency waiver will cause or contribute to a public health and safety or environmental problem; 2. The terms of the emergency waiver are not being used expressly in response to the disaster for which it was issued; or 3. The waiver is no longer necessary. 18.03 REQUEST FOR EMERGENCY WAIVER. A. A person must apply to the department for an emergency waiver on forms provided by the department. The applicant must supply all information required by the department that it deems necessary to evaluate the emergency waiver request. SECTION 18.00 EMERGENCY WAIVER OF STANDARDS Page 116 B. The department shall notify the applicant in writing whether the waiver request has been granted or denied. If denied, the department shall state the reasons for the denial. If applicable, the applicant may reapply for the waiver by submitting additional documentation as requested by the department. [Remainder of page left intentionally blank.] SECTION 19.00 ADDITIONAL REQUIRMENTS Page 117 SECTION 19.00 ADDITIONAL REQUIREMENTS For purposes of protecting and providing for public health, safety, and welfare, the county board may impose additional requirements consistent with the intent of this ordinance for the operation of solid waste facilities and may amend or revoke portions of this ordinance as deemed best to protect public interest. [Remainder of page left intentionally blank.] SECTION 20.00 SEPARABILITY Page 118 SECTION 20.00 SEPARABILITY It is hereby declared to be the intention of the county board that the several provisions of this ordinance be separable in accordance with the following: A. If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment; and/or B. If any court of competent jurisdiction shall adjudge invalid the application of any provisions of this ordinance to a particular structure, site, facility or operation, such judgment shall not affect the application of said provisions to any other structure, site, facility or operation not specifically included in said judgment. [Remainder of page left intentionally blank.] SECTION 21.00 REMEDIES CUMULATIVE Page 119 SECTION 21.00 REMEDIES CUMULATIVE No remedy set forth in this ordinance is intended to be exclusive but each such remedy shall be cumulative and in addition to other remedies now or hereafter existing at law or in equity. No delay in the exercise of any remedy for violation of this ordinance shall later impair or waive any such right or power of the county. [Remainder of page left intentionally blank.] SECTION 22.00 NO CONSENT Page 120 SECTION 22.00 NO CONSENT Nothing contained in this ordinance shall be deemed to be a cons ent, license, or permit to locate, construct, or maintain a site, facility, or operation, or to carry on any activity. [Remainder of page left intentionally blank.] SECTION 23.00 EFFECTIVE DATE Page 121 SECTION 23.00 EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication according to law. [Remainder of page left intentionally blank.] SECTION 24.00 REPEALER Page 122 SECTION 24.00 REPEALER Dakota County Ordinance No. 105, Solid Waste Disposal Ordinance, dated August 3, 1971 is hereby repealed. Dakota County Ordinance No. 115, Solid Waste Source Separation, dated March 28, 1989 and amended on June 18, 1991 is hereby repealed. [Remainder of page left intentionally blank.] Passed by the Board of County Commissioners of Dakota County this 5th day ot July 1977. Amended by the Board of Counly Commissioners of Oakota County this lSth day of Aprit 1900. Amended by the Board of County Commissioners of Dakota County this .12th day of January I gg2. Amended by the Board ot County Commis6ioners of Dakota Counh/ this 4th day of December 1984. Amended by the Board of County Commissioners o, Dakota County this 25th day of June 1995. Amended by the Board of County Commissioners of Dakola County this 1sth day of Apnl 1986. Amended by the Board of County Commissioners of Dakota County this 14th day of Juty 1987. Amended by the Board ofCounty Commissioners of oakota County lhis 1zth day ofApril 1988. Amended by the Eoard of County Commissioners ol Dakota County this 3oth day of Augusl i989. Amended by the Board of County Commissioners o, Dakota County this 6th day of February 1990. Amended by lhe Board ot County Commissioners of Oakota Counly this I Oth day of Apnt 1990. Amended by the Board of County Commissioners of Dakota County this 24th day of July ,1990. Amended by the Board of County Commissioners of Dakota County this 25th day of Septembe. 1990 Amended by the Board of County Commissioners of Oakola County this 8th day of October 1991 Amended by the Board ot Counly Commissioners of Oakola County this 24th day of August 1993. Amended by lhe Board of County Commissioners ol Oakota County this 4th day of April 1995. Amended by lhe Board of County Commissioners of Dakota County this 2nd day ot May.j995. Amended by lhe Board oI County Commissioners of Oakota County this 24th day ol September 1996 Amended by the Board of County Commissioners oI Dakota Counly this 23'd day of March 1999. Amended by the Board of County Commissioners of Dakota County this 26th day ot Novernber 2OOA. Amended by the Board of County Commissioners ol Dakota County lhis 31st day of October 2006. Amended by lhe Board of County Commissioners of Dakota County this 16th day ot March 2010. Amended by lhe Board of County Commissioners of 0akota County this 18thdayolJune2013. Amended by lhe Board of County Commissioners ol Dakota County lhis 12lh day ot Oecember 2017. Amended by th6 Board of County Commissioners ot Dakota County lhis 26rh day of November 20i9. ATTEST CO NTY OF KOTA,TE OF IVlINNESOTA Jennifer R ey no L orkman hairperson Sr. Administrative Coordinator to the Board D ota Coun rd of Commissioners DATE l2-t 1'Pt Approved,as +7" . ,...," l.to Form ,-'---i-:-- roved to Exe len Brosnahan cution Helen Brosnahan Assistant County AttorneyDAIE.t)1.'r't Assistant County Attorney DATE: ,.. Page 123 DATE: Agenda Information Memo September 15, 2020 City Council Meeting CONSENT AGENDA F. Schedule a Special City Council Meeting on November 13, 2020 at 10 a.m. to canvass election results Action to Be Considered: To schedule a special City Council meeting on November 13, 2020 at 10 a.m. to canvass election results Facts: ➢A special City Council meeting is needed to canvas the 2020 election results. ➢The Special City Council meeting is proposed to take place at 10a.m. on Friday, November 13, 2020 at Eagan City Hall. Attachments: (0) Agenda Information Memo September 15, 2020 Eagan City Council Meeting CONSENT AGENDA G. Contract 20-21, Project 1363 Bald Lake (JP-20) and Project 1338 North Lake (EP-2) Alum Applications Action To Be Considered: Receive bid and award Contract 20-21, Project 1363 Bald Lake (JP-20) and Project 1338 North Lake (EP-2) Alum Applications to HAB Aquatic Solutions, LLC, for an amount not to exceed $149,495.00, and authorize the Mayor and City Clerk to execute all related documents . Facts: ➢ Contract 20-21 provides for applications of aluminum sulfate (alum) and sodium aluminate buffer to Bald and North lakes. ➢ Lake managers have used alum for years to control phosphorus that sediment releases into the water. Algae and plants use phosphorus to grow. Although stormwater often is the major phosphorus source, alum generally is very cost-effective when sediment also is a significant source. ➢ In June 2020, the City Council adopted the 2020-24 Public Works Capital Improvement Plan (CIP) with $35,000 and $57,000 for alum applications to Bald Lake (JP-20) and North Lake (EP- 2), respectively. ➢ On August 14, 2020, the City issued a Request for Quote for Contract 20-22 to three contractors, per Section VIII of the 2019 Purchasing Policy. HAB Aquatic Solutions, LLC (HAB) was the sole submitter by the August 28 deadline. HAB has applied alum successfully in Eagan—most recently to 10 lakes and wetlands in 2019. ➢ Our consultant’s 2019 estimate, which was based only on alum/buffered aluminate costs, was 50 percent lower than HAB’s 2020 alum/buffered aluminate costs. It also doesn’t include mobilization/demobilization, overhead, etc. costs, which are about 32 percent of the applied materials costs. ➢ Public Works (Water Resources) has reviewed the HAB proposal and found it to be in order for favorable Council action. Attachments (1) CG-1 CIP vs. Engineer’s Cost Estimate vs. HAB Quote CIP vs. Engineer’s Cost Estimate vs. HAB Bid Lake Gal Al2(SO4)3 Gal NaAlO2 Public Works CIP1 Engineer’s Cost Estimate2 HAB Bid Bald Lake (JP-20) 5,859 2,930 $35,000 $28,214 $57,106.44 North Lake (EP-2) 9,918 4,959 $57,000 $47,608 $92,388.56 Total $92,000 $75,822 $149,495.00 1 Based on Engineer’s Cost Estimate. 2 2019 alum/buffered aluminate only. Mobilization/demobilization, overhead, etc. not included. Agenda Information Memo September 15, 2020 Eagan City Council Meeting CONSENT AGENDA H. Contract 20-22, Project 1334 Cliff Lake (AP-11) and Project 1337 Hay Lake (LP-31) Alum Applications Action To Be Considered: Receive bid and award Contract 20-22, Project 1334 Cliff Lake (AP-11) and Project 1337 Hay Lake (LP-31) Alum Applications to HAB Aquatic Solutions, LLC, for an amount not to exceed $170,111.00, and authorize the Mayor and City Clerk to execute all related documents . Facts: ➢ Contract 20-22 provides for applications of aluminum sulfate (alum) and sodium aluminate buffer to Cliff and Hay lakes. ➢ Lake managers have used alum for years to control phosphorus that sediment releases into the water. Algae and plants use phosphorus to grow. Although stormwater often is the major phosphorus source, alum generally is very cost-effective when sediment also is a significant source. ➢ In June 2020, the City Council adopted the 2020-24 Public Works Capital Improvement Plan (CIP) with $57,000 and $35,000 for alum applications to Cliff Lake (AP-11) and Hay Lake (LP- 31), respectively. ➢ On August 14, 2020, the City issued a Request for Quote for Contract 20-22 to three contractors, per Section VIII of the 2019 Purchasing Policy. HAB Aquatic Solutions, LLC (HAB) was the sole submitter by the August 28 deadline. HAB has applied alum successfully in Eagan—most recently to 10 lakes and wetlands in 2019. ➢ Our consultant’s 2019 estimate, which was based only on alum/buffered aluminate costs, was 69 percent lower than HAB’s 2020 alum/buffered aluminate costs. It also doesn’t include mobilization/demobilization, overhead, etc. costs, which are about 31 percent of the applied materials costs. ➢ Public Works (Water Resources) has reviewed the HAB proposal and found it to be in order for favorable Council action. Attachments (1) CH-1 CIP vs. Engineer’s Cost Estimate vs. HAB Quote CIP vs. Engineer’s Cost Estimate vs. HAB Bid Lake Gal Al2(SO4)3 Gal NaAlO2 Public Works CIP1 Engineer’s Cost Estimate2 HAB Bid Cliff Lake (AP-11) 9,888 4,944 $57,000 $47,462 $84,205.31 Hay Lake (LP-31) 6,125 3,063 $35,000 $29,403 $85,905.69 Total $92,000 $76,865 $170,111.00 1 Based on Engineer’s Cost Estimate. 2 2019 alum/buffered aluminate only. Mobilization/demobilization, overhead, etc. not included. Agenda Information Memo September 15, 2020 Eagan City Council Meeting CONSENT AGENDA I. Project 1364 Highview Acres/ Spande/ Valley View Plateau Street Improvements Final Assessment Report Action To Be Considered: Receive the Final Assessment Report for Project 1364 (Highview Acres/ Spande/ Valley View Plateau - Street Improvements) and schedule a public hearing to be held on October 20, 2020. Facts: ➢ Project 1364 provided for approximately 5,400 feet of street improvements in the Highview Acres/ Spande/ Valley View Plateau neighborhoods, residential streets in northern Eagan located north of Lone Oak Road and east of TH 13, as outlined and discussed in the feasibility report and approved by the City Council at the public hearing held on December 17, 2019. ➢ The project, constructed under Contract 20-01, has been completed, all costs tabulated, and the final assessment report prepared. The assessments are based upon the City of Eagan’s current Special Assessment Policy for all such assessable properties. ➢ The report is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled with the affected property owners to address any concerns prior to the final assessment hearing. Attachments (1) CI-1 Final Assessment Report FINAL ASSESSMENT REPORT, PROJECT Number: 1364 Highview Acres / Spande Name: / Valley View Plateau PUBLIC HEARING DATES Assessment: Project Approval: October 201 2020 December 1712019 Final Feasibility Rate Report Units STREET Surf./Signs Single Family Res 1,.242.00 1,310.00 Contract Number of Number Parcels 20-01 60 Interest Amount Terms Rate Assessed 5 yrs 3.0% $ 74,520.00 $ 78,600.00 FR Lot Eq Variance city Variance Actual to FR Financed Actual to FR (41080.00) $ 245,574.00 (45,826.00) -5.2% $ 291,400.00 FR -15.7% % G 0 0 - ti EAGAN To: From: Date: Subject: Mayor and City Council Aaron Nelson,, Assistant City Engineer September 15, 2020 Final Assessment Roll., Project 1364 Highview Acres / Spande /Valley View Plateau At the public hearing on Dec 17, 2019, the City Council ordered Project 1364. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter for the Highview Acres / Spancle / Valley View Plateau project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed'to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 20-01. The following information was used in the preparation of the assessment roll for Project 1364. The total construction cost for this project is $279,,071.66. This includes $276,370.54 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $2,701.12. Other costs including engineering, design,, contract management, inspections, financing, legal, bonding, administration, and other totaling $41,022.34 were incurred, resulting in a total improvement and project cost of $320,094.00. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. W"'o *61y'vi= Bituminous Mill & Overlay - Highview Acres / Spancle /Valley View Plateau Concrete curb & gutter repairs Utility Improvements ASSESSMENTS CONSTRUCTION OTHER COST COSTS 134,513.00 19,772.83 66,835.34 9,824.51 771723.32 111425.00_ 279,1071.66 41,022.34_ IMPROVEMENT FEASIBILITY COST REPORT 154.1285.83 163,200.00 76,659.85 68,400.00 89,148.32 138,400.00 320,094.00 370,000.00 Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Low Density Residential (Single Family) Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay -Highview Acres / Spande / Valley View Plateau costs are assessable for Low Density Residential (Single Family) properties. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: % Low Density Residential (Single Family) = 10,382.0 F.F. / 10,744.0 F.F = 96.6% $154,285.83 (Bituminous Mill & Overlay -Highview Acres/ Spande /Valley View Plateau Cost) x 96.6% x 50% =$74,520.00 $74,520.00 = $1,242.00 /Unit 60 Units The remaining frontage within the project area (3.40%) is either sideyard or backyard property with no driveway access, or not covered by assessment agreement, and therefore not assessable under the City's Assessment Policy. ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties. The interest rate is 3.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY IMPROVEMENT Bituminous Mill & Overlay -Highview Acres / Spande / Valley View Plateau Concrete curb & gutter repairs Utility Improvements CITY FUND RESPONSIBILITY 245,574.00 Major Street Fund: $156,425.68 Public Utilities: $89,148.32 Aaron Nelson, P.E. Reviewed Publi orks Department �/(q/20 Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant IMPROVEMENT ASSESSMENT CITY COST REVENUE RESPONSIBILITY 154,285.83 74,520.00 76,659.85 - 89,148.32 - 79,765.83 76,659.85 Rq 1 dk 1? 320,094.00 74,520.00 245,574.00 Finance Dea'`rtMent v Date Final Assessment Roll City Project #1364 Highview Acres Sande Valley View Plateau Highridge Ter R-1 Residential R-1 Residential P.I.N. Lot Equivalent # of Lots Unit Assessment Total Total 2821 Highridge Ter 10-81400-03-110 1 1 $ 11242.00 $ 11242.00 2841 Highridge Ter 10-81400-02-010 1 1 $ 11242.00 $ 11242.00 2851 Highridge Ter 10-81400-02-020 1 1 $ 11242.00 $ 11242.00 2861 Highridge Ter 10-81400-02-030 1 1 $ 11242.00 $ 11242.00 2871 Highridge Ter 10-81400-02-040 1 1 $ 11242.00 $ 11242.00 2887 Highridge Ter 10-20300-02-100 1 1 $ 11242.00 $ 11242.00 2891 Highridge Ter 10-20300-02-090 1 1 $ 11242.00 $ 11242.00 2895 Highridge Ter 10-20300-02-080 1 1 $ 11242.00 $ 11242.00 2899 Highridge Ter 10-20300-02-070 1 1 $ 11242.00 $ 1,242.00 2850 Highridge Ter 10-81400-01-010 1 1 $ 11242.00 $ 11242.00 2860 Highridge Ter 10-81400-01-020 1 1 $ 11242.00 $ 11242.00 2870 Highridge Ter 10-81400-01-030 1 1 $ 11242.00 $ 11242.00 2880 Highridge Ter 10-81401-02-010 1 1 $ 11242.00 $ 11242.00 2890 Highridge Ter 10-63300-01-010 1 1 $ 11242.00 $ 11242.00 2892 Highridge Ter 10-20300-01-030 1 1 $ 11242.00 $ 11242.00 2896 Highridge Ter 10-20300-01-020 1 1 $ 11242.00 $ 11242.00 2900 Highridge Ter 10-20300-01-010 1 1 $ 11242.00 $ 11242.00 Su btota 1 17 17 $ 21,114.00 Southridge Ave R-1 Residential P.I.N. Lot Equivalent # of Lots Unit Assessment Unit Assessment Total 1454 Southridge Ave 10-81401-01-030 1 1 $ 1,242.00 $ 11242.00 1460 Southridge Ave 10-81401-01-020 1 1 $ 11242.00 $ 11242.00 1468 Southridge Ave 10-81401-01-010 1 1 $ 11242.00 $ 11242.00 $ Su btota 1 3 3 1461 Highview Ave $ 3,726.00 Highview Ave R-1 Residential P.I.N. Lot Equivalent # of Lots Unit Assessment Total 1455 Highview Ave 10-81400-03-102 1 1 $ 11242.00 $ 11242.00 1457 Highview Ave 10-81400-03-090 1 1 $ 11242.00 $ 11242.00 1459 Highview Ave 10-81400-03-080 1 1 $ 11242.00 $ 11242.00 1461 Highview Ave 10-81400-03-070 1 1 $ 11242.00 $ 11242.00 1465 Highview Ave 10-81400-03-060 1 1 $ 11242.00 $ 11242.00 1467 Highview Ave 10-81402-01-020 1 1 $ 1,242.00 $ 11242.00 1469 Highview Ave 10-81402-01-010 1 1 $ 11242.00 $ 11242.00 1471 Highview Ave 10-81400-03-030 1 1 $ 11242.00 $ 11242.00 1473 Highview Ave 10-81400-03-020 1 1 $ 11242.00 $ 11242.00 1475 Highview Ave 10-81400-03-010 1 1 $ 11242.00 $ 11242.00 1535 Highview Ave 10-58502-01-020 1 1 $ 11242.00 $ 11242.00 1466 Highview Ave 10-81400-04-050 1 1 $ 11242.00 $ 11242.00 1470 Highview Ave 10-81400-04-040 1 1 $ 1,242.00 $ 11242.00 1472 Highview Ave 10-81400-04-030 1 1 $ 11242.00 $ 11242.00 1474 Highview Ave 10-81400-04-020 1 1 $ 11242.00 $ 1,242.00 1476 Highview Ave 10-81400-04-010 1 1 $ 11242.00 $ 11242.00 1550 Highview Ave 10-49800-01-010 1 1 $ 11242.00 $ 11242.00 1556 Highview Ave 10-49801-01-010 1 1 $ 11242.00 $ 11242.00 1562 Highview Ave 10-49801-01-020 1 1 $ 11242.00 $ 11242.00 10-81400-02-070 Subtotal 19 19 11242.00 $ $ 23,598.00 Total R-1 Lots 60 $ 74,520.00 Highview Ter R-1 Residential R-1 Residential P.I.N. Lot Equivalent # of Lots Unit Assessment Total Total 2845 H ighview Ter 10-81400-04-060 1 1 $ 11242.00 $ 11242.00 2861 H ighview Ter 10-81400-04-120 1 1 $ 11242.00 $ 11242.00 2871 H ighview Ter 10-81400-05-060 1 1 $ 11242.00 $ 11242.00 2840 H ighview Ter 10-81400-02-050 1 1 $ 1,242.00 $ 11242.00 2850 H ighview Ter 10-81400-02-060 1 1 $ 11242.00 $ 11242.00 2860 H ighview Ter 10-81400-02-070 1 1 $ 11242.00 $ 11242.00 2870 H ighview Ter 10-81400-02-080 1 1 $ 11242.00 $ 1,242.00 1472 Bridgeview Ave Subtotal 7 7 $ 11242.00 $ 81694.00 Total R-1 Lots 60 $ 74,520.00 Bridgeview Ave R-1 Residential R-1 Residential P.I.N. Lot Equivalent # of Lots Unit Assessment Total Total 1465 Bridgeview Ave 10-81400-04-110 1 1 $ 11242.00 $ 11242.00 1469 Bridgeview Ave 10-81400-04-100 1 1 $ 1,242.00 $ w 11242.00 1471 Bridgeview Ave 10-81400-04-090 1 1 $ 11242.00 $ 11242.00 1475 Bridgeview Ave 10-81400-04-080 1 1 $ 11242.00 $ 11242.00 1477 Bridgeview Ave 10-81400-04-070 1 1 $ 1,242.00 $ 11242.00 1466 Bridgeview Ave 10-81400-05-050 1 1 $ 11242.00 $ 11242.00 1470 Bridgeview Ave 10-81400-05-040 1 1 $ 11242.00 $ 11242.00 1472 Bridgeview Ave 10-81400-05-030 1 1 $ 11242.00 $ 11242.00 1474 Bridgeview Ave 10-81400-05-020 1 1 $ 11242.00 $ 11242.00 1478 Bridgeview Ave 10-81400-05-010 1 1 $ 11242.00 $ 11242.00 N/A 10-20300-02-010 1 1 $ 11242.00 $ 11242.00 Su btota I 11 11 $ 13,662.00 Total R-1 Lots 60 $ 74,520.00 Bridgeview Ter R-1 Residential P.I.N. Lot Equivalent # of Lots Unit Assessment Total 2841 Bridgeview Ter 10-40100-01-011 1 1 $ 11242.00 $ 11242.00 2843 Bridgeview Ter 10-40100-01-020 1 1 $ 11242.00 $ 11242.00 2845 Bridgeview Ter 10-40100-01-030 1 1 $ 11242.00 $ 11242.00 Su btota 1 3 3 $ 3,726.00 Total R-1 Lots 60 $ 74,520.00 Agenda Information Memo September 15, 2020 Eagan City Council Meeting CONSENT AGENDA J. Project 1368 Duckwood Trail - Street Improvements Final Assessment Report Action To Be Considered: Receive the Final Assessment Report for Project 1368 (Duckwood Trail - Street Improvements) and schedule a public hearing to be held on October 20, 2020. Facts: ➢ Project 1368 provided for approximately 1,500 feet of street improvements on Duckwood Trail, a residential street in central Eagan located north of Duckwood Drive and west of Lexington Avenue, as outlined and discussed in the feasibility report and approved by the City Council at the public hearing held on December 17, 2019. ➢ The project, constructed under Contract 20-01, has been completed, all costs tabulated, and the final assessment report prepared. The assessments are based upon the City of Eagan’s current Special Assessment Policy for all such assessable properties. ➢ The report is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled with the affected property owners to address any concerns prior to the final assessment hearing. Attachments (1) CJ-1 Final Assessment Report PROJECT Number: 1368 FINAL ASSESSMENT REPORT PUBLIC HEARING DATES Assessment: October 20, 2020 Name: Duckwood Trail Project Approval: December 17, 2019 STREET Surf./Signs - Direct Access STREET Surf./Signs - NH Park Final Feasibility Rate Report Units $ 13.19 $ 15.16 F. F. $ 8.78 $ 10.11 F. F. Contract Number of Interest Amount Variance city Variance Number Parcels Terms Rate Assessed Actual to FR Financed Actual to FR 20-01 4 5/10 yrs 3.0% $ 35.,227.14 $ 40,500.00 FR (51272.86) $ 95,806.18 (11,293.82) -13.0% $ 107,100.00 FR -10.5% EAGAN To: Mayor and City Council From: Aaron Nelson,, Assistant City Engineer Date: September 15,, 2020 Subject: Final Assessment Roll., Project 1368 Duckwood Trail At the public hearing on Dec 17,, 2019, the City Council ordered Project 1368. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Duckwood Trail project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 20-01. The following information was used in the preparation of the assessment roll for Project 1368. 0-1 - The total construction cost for this project is $111,367.07. This includes $110.,977.79 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $389.28. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $19,,666.25 were incurred, resulting in a total improvement and project cost of $131,.033.32. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. ASSESSMENTS Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT ►us Mill & Overlay - Duckwood Trail 45.,945.78 81113.54 54,1059.32 62.1200.00 Concrete curb & gutter repairs 58,354.83 10,304.85 68.,659.68 75,,900.00 Utility Improvements 7,,066.46 11247.86 8,314.32 9.,500.00 111.,367.07 19,666.25 131.,033.32 147,1600.00 ASSESSMENTS Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: High Density Residential Lots (114) Improvements: The City's Assessment Policy states that 75% of the Bituminous Mill & Overlay - Duckwood Trail costs are assessable for High Density Residential Lots (R4) properties. The improvement and assessment rate for the High Density Residential Lots (114) properties is computed as follows: % High Density Residential Lots (114) = 21284.0 F.F. / 31075.0 F.F = 74.3% $54,059.32 (Bituminous Mill & Overlay - Duckwood Trail Cost) x 74.3% x 75% = $30,125.96 $30,125.96 = $13.19 /Front Foot 2284 Front Feet Neigborhood Park Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Duckwood Trail costs are assessable for Neigborhood Park properties. The improvement and assessment rate for the Neigborhood Park properties is computed as follows: % Neigborhood Park = 581.0 F.F. / 3,075-0 F.F = 18.9% $54,059.32 (Bituminous Mill & Overlay - Duckwood Trail Cost) x 18.9% x 50% = $5,,101.18 $5,101.18 = $8.78 /Front Foot 581 Front Feet The remaining frontage within the project area (6.80%) is either sideyard or backyard property with no driveway access, or not covered by assessment agreement, and therefore not assessable under the City's Assessment Policy. ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for neighborhood park parcels, and 10 years for high densit residential properties. The interest rate is 3.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT IMPROVEMENT COST Bituminous Mill & Overlay - Duckwood Trail 54,059.32 Concrete curb & gutter repairs 68,659.68 Utility Improvements 81314.32 131,033.32 ASSESSMENT REVENUE 35,227.14 35,227.14 CITY RESPONSIBILITY 18,832.18 68,659.68 8,314.32 95,806.18 CITY FUND RESPONSIBILITY 95,806.18 Major Street Fund: $87,491.86 Public Utilities: $8,314.32 Aaron Nelson, P.E. Reviewed Pu c Works Department 01 -,7� Date Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant Finance e" rtment b/ Date Final Assessment Roll City Project #1368 Duckwood Trail Duckwood TrI Parcel P.I.N. # Lots Front Footage Rate/Front Footage Total 1155 Duckwood TrI (City of Eagan Park) 102195100010 1 581 $ 8.78 $ 51101.18 1105 Duckwood TrI 102195101010 1 1004 $ 13.19 $ 13,242.76 3575 Lexington Ave. S. 102195001010 1 828 $ 13.19 $ 10,921.32 Part of 1105 Duckwood TrI 102195001022 1 452 $ 13.19 $ 51961.88 1 Subtotal 4 2865 $ 35..227.14 Agenda Information Memo September 15, 2020 Eagan City Council Meeting CONSENT AGENDA K. Project 1370 GVR Acres/ Rathman Addition - Street Improvements Final Assessment Report Action To Be Considered: Receive the Final Assessment Report for Project 1370 (GVR Acres/ Rathman Addition - Street Improvements) and schedule a public hearing to be held on October 20, 2020. Facts: ➢ Project 1370 provided for approximately 240 feet of street improvements in the GVR Acres/Rathman Addition neighborhood, a residential street (Skater Drive) in central Eagan located east of Blackhawk Road and north of Riverton Avenue, as outlined and discussed in the feasibility report and approved by the City Coun cil at the public hearing held on December 17, 2019. ➢ The project, constructed under Contract 20-01, has been completed, all costs tabulated, and the final assessment report prepared. The assessments are based upon the City of Eagan’s current Special Assessment Policy for all such assessable properties. ➢ The report is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled with the affected property owners to address any concerns prior to the final assessment hearing. Attachments (1) CK-1 Final Assessment Report _____________________________________ Agenda Information Memo September 15, 2020 Eagan City Council Meeting CONSENT AGENDA L. Project 1372 Vienna Woods - Street Improvements Final Assessment Report Action To Be Considered: Receive the Final Assessment Report for Project 1372 (Vienna Woods - Street Improvements) and schedule a public hearing to be held on October 20, 2020. Facts: ➢ Project 1372 provided for approximately 9,100 feet of street improvements in the Vienna Woods neighborhood, residential streets in southwest Eagan located south of Cliff Road and north of I-35E, as outlined and discussed in the feasibility report and approved by the City Council at the public hearing held on January 21, 2020. ➢ The project, constructed under Contract 20-01, has been completed, all costs tabulated, and the final assessment report prepared. The assessments are based upon the City of Eagan’s current Special Assessment Policy for all such assessable properties. ➢ The report is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled with the affected property owners to address any concerns prior to the final assessment hearing. Attachments (1) CL-1 Final Assessment Report FINAL ASSESSMENT REPORT //7////�/.�1��' �/.6yJ///H�l�///.f/.✓�.a/iY�f/.G.�f�y�9.Y/%il/��.fll///.�////.l/y///////,///hJ1/.CO//J��//J//�///�.O/.d/%//�i�9//////J�6Y,O/.G�S�YyJ%/iJ//?��i.?y//.f/�Y�/.�/9//�.% �///.%:c���s�y�?�y/•fU/s%2vy'�il�/.�.A/1.f�/�ilY�.3�.!///,%/�.Gr//i1.��//�//,�.f///.dpi/////!//�J�O,/.flR�/.G6�il��O�`%/yy��E��S�,O�' PROJECT PUBLIC HEARING DATES Number.• 1372 Assessment: October 201 2020 Name: Vienna Woods Project Approval: January 21, 2020 STREET Surf./Signs - Low Dens Res STREET Surf./Sims - NH Park STREET Surf./Sims - Direct Access Contract Number of Interest Amount Number Parcels Terms Rate Assessed 20-01 167 5/10 yrs 3.0% $ 1521426.82 $ 1901100.00 FR Feasibility Report Units $ 1,060.00 Final $ 11.25 Rate $ 849.48 $ 9.09 $ 18.17 Contract Number of Interest Amount Number Parcels Terms Rate Assessed 20-01 167 5/10 yrs 3.0% $ 1521426.82 $ 1901100.00 FR Feasibility Report Units $ 1,060.00 Lot Eq $ 11.25 F. F. $ 22.50 F. F. Variance city Variance Actual to FR Financed Actual to FR $ (37,673.18) $ 351,247.62 $ (70,952.38) -19.8% $ 4221200.00 FR -16.8% To: From: Date: Subject: E A -GAN Mayor and City Council Aaron Nelson,, Assistant City Engineer September 15,, 2020 Final Assessment Roll, Project 1372 Vienna Woods At the public hearing on Jan 21, 2020, the City Council ordered Project 1372. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Vienna Woods project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 20-01. The following information was used in the preparation of the assessment roll for Project 1372. The total construction cost for this project is $455,972.94. This includes $453.,002.56 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $2,970.38.Other costs including engineering, design,, contract management, inspections, financing, legal, bonding, administration, and other totaling $47,701.50 were incurred, resulting in a total improvement and project cost of $503,.674.44. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. ASSESSMENTS Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Bituminous Mill & Overlay - Vienna Woods 296.4114.65 30,,977.96 327,?092.61 407,800.00 Concrete curb & gutter repairs 120,370.06 12,592.48 132,1962.54 158,,900.00 Utility Improvements 39,,488.23 $4,131.06 43,619.29 45,600.00 455.#972.94 471701.50 503,674.44 612,300.00 ASSESSMENTS Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Low Density Residential (Single Family) Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Vienna Woods costs are assessable for Low Density Residential (Single Family) properties. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: % Low Density Residential (Single Family) = 16,005.0 F.F. / 18,134.0 F.F = 88.3% $327.,092.61 (Bituminous Mill & Overlay - Vienna Woods Cost) x 88.3% x 50% = $144,.411.60 $144,411.60 = $849.48 /Unit 170 Units Neigborhood Park Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Vienna Woods costs are assessable for Neigborhood Park properties. The improvement and assessment rate for the Neigborhood Park properties is computed as follows: % Neigborhood Park = 450.0 F.F. / 18,134.0 F.F = 2.5% $327,092.61 (Bituminous Mill & Overlay - Vienna Woods Cost) x 2.5% x 50% = $4,.090.50 $4,090.50 = $9.09 /Front Foot 450 Front Feet Commercial/industrial Lots Improvements: The City's Assessment Policy states that 100% of the Bituminous Mill & Overlay - Vienna Woods costs are assessable for Commercial/Industrial Lots properties. The improvement and assessment rate for the Commercial/industrial Lots properties is computed as follows: % Commercial/Industrial Lots = 216.0 F.F. / 18,134.0 F.F = 1.20% $327,,092.61 (Bituminous Mill & Overlay - Vienna Woods Cost) x 1.20% = $3,,924.72 $3,924.72 = $18-17 /Front Foot 216 Front Feet The remaining frontage within the project area (8.00%) is either sideyard or backyard property with no driveway access, or not covered by assessment agreement., and therefore not assessable under the City's Assessment Policy. ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties, and 10 years for non-residential properties. The interest rate is 3.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) CITY FUND RESPONSIBILITY 351,247.62 Major Street Fund: $307,628.33 Public Utilities: $43,619.29 Aaron Nelson, P.E. Reviewed cjq,�- I Publi ' orks Department Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I Finance De a ent -I /� /,-Lo Date 11 IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Bituminous Mill & Overlay - Vienna Woods 327,092.61 152,426.82 174,665.79 Concrete curb & gutter repairs 132,962.54 - 132,962.54 Utility Improvements 43,619.29 - 43,619.29 503,674.44 152,426.82 351,247.62 CITY FUND RESPONSIBILITY 351,247.62 Major Street Fund: $307,628.33 Public Utilities: $43,619.29 Aaron Nelson, P.E. Reviewed cjq,�- I Publi ' orks Department Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I Finance De a ent -I /� /,-Lo Date 11 Final Assessment Roll City Project #1372 Vienna Woods Vienna Ln Pin Oak Dr R-1 Residential R-1 Residential P.B.N. # of Lots Lot Equivalent Unit Assessment Total Total 2017 Pin Oak Dr 106275001022 1 1 $ 849.48 $ 849.48 2019 Pin Oak Dr 106275001021 1 1 $ 849.48 $ 849.48 2021 Pin Oak Dr 106275001032 1 1 $ 849.48 $ 849.48 2023 Pin Oak Dr 106275001031 1 1 $ 849.48 $ 849.48 2025 Pin Oak Dr 106275001042 1 1 $ 849.48 $ 849.48 2027 Pin Oak Dr 106275001041 1 1 $ 849.48 $ 849.48 2029 Pin Oak Dr 106275001052 1 1 $ 849.48 $ 849.48 2031 Pin Oak Dr 106275001051 1 1 $ 849.48 $ 849.48 2033 Pin Oak Dr 106275001062 1 1 $ 849.48 $ 849.48 2035 Pin Oak Dr 106275001061 1 1 $ 849.48 $ 849.48 2041 Pin Oak Dr 108195001160 1 1 $ 849.48 $ 849.48 2047 Pin Oak Dr 108195001150 1 1 $ 849.48. $ 849.48 2053 Pin Oak Dr 108195001140 1 1 $ 849.48 $ 849.48 2059 Pin Oak Dr 108195001130 1 1 $ 849.48 $ 849.48 2065 Pin Oak Dr 108195001120 1 1 $ 849.48 $ 849.48 2071 Pin Oak Dr 108195001110 1 1 $ 849.48 $ 849.48 2077 Pin Oak Dr 108195001100 1 1 $ 849.48 $ 849.48 2083 Pin Oak Dr 108195001090 1 1 $ 849.48 $ 849.48 2089 Pin Oak Dr 108195001080 1 1 $ 849.48 $ 849.48 2091 Pin Oak Dr 108195001070 1 1 $ 849.48 $ 849.48 2097 Pin Oak Dr 108195001060 1 1 $ 849.48 $ 849.48 2103 Pin Oak Dr 108195001050 1 1 $ 849.48 $ 849.48 2109 Pin Oak Dr 108195001040 1 1 $ 849.48 $ 849.48 2117 Pin Oak Dr 108195001030 1 1 $ 849.48 $ 849.48 2121 Pin Oak Dr 108195001020 1 1 $ 849.48 $ 849.48 2129 Pin Oak Dr 108195001010 1 1 $ 849.48 $ 849.48 2116 Pin Oak Dr 108195003010 1 1 $ 849.48 $ 849.48 2108 Pin Oak Dr 108195003020 1 1 $ 849.48 $ 849.48 2102 Pin Oak Dr 108195003030 1 1 $ 849.48 $ 849.48 2098 Pin Oak Dr 108195003040 1 1 $ 849.48 $ 849.48 2094 Pin Oak Dr 108195003050 1 1 $ 849.48 $ 849.48 2090 Pin Oak Dr 108195003060 1 1 $ 849.48 $ 849.48 2082 Pin Oak Dr 108195003070 1 1 $ 849.48 $ 849.48 2076 Pin Oak Dr 108195003080 1 1 $ 849.48 $ 849.48 2070 Pin Oak Dr 108195003090 1 1 $ 849.48 $ 849.48 2064 Pin Oak Dr 108195003100 1 1 $ 849.48 $ 849.48 2044/2042 Pin Oak Dr 108195005010 1 2 $ 849.48 $ 11698.96 Subtotal 37 38 $ 32,280.24 Vienna Ln R-1 Residential P.B.N. # of Lots Lot Equivalent Unit Assessment Total 2005 Vienna Ln 106275003012 1 1 $ 849.48 $ 849.48 2007 Vienna Ln 106275003011 1 1 $ 849.48 $ 849.48 2009 Vienna Ln 106275003021 1 1 $ 849.48 $ 849.48 2011 Vienna Ln 106275003022 1 1 $ 849.48 $ 849.48 2013 Vienna Ln 106275003031 1 1 $ 849.48 $ 849.48 2015 Vienna Ln 106275003032 1 1 $ 849.48 $ 849.48 2017 Vienna Ln 106275003041 1 1 $ 849.48 $ 849.48 2019 Vienna Ln 106275003042 1 1 $ 849.48 $ 849.48 2021 Vienna Ln 106275003051 1 1 $ 849.48 $ 849.48 2023 Vienna Ln 106275003052 1 1 $ 849.48 $ 849.48 2025 Vienna Ln 106275003062 1 1 $ 849.48 $ 849.48 2027 Vienna Ln 106275003061 1 1 $ 849.48 $ 849.48 2043 Vienna Ln 108195005091 1 1 $ 849.48 $ 849.48 2045 Vienna Ln 108195005092 1 1 $ 849.48 $ 849.48 2049 Vienna Ln 108195005082 1 1 $ 849.48 $ 849.48 2051 Vienna Ln 108195005081 1 1 $ 849.48 $ 849.48 2055 Vienna Ln 108195005072 1 1 $ 849.48 $ 849.48 2054 Vienna Ln 108195006031 1 1 $ 849.48 $ 849.48 2050/2048 Vienna Ln Dakota County CDA 108195006020 1 2. $ 849.48$ 11698.96 2044 Vienna Ln 108195006012 1 1 $ 849.48 $ 849.48 2042 Vienna Ln 108195006011 1 1 $ 849.48 $ 849.48 2038 Vienna Ln 106275004032 1 1 $ 849.48 $ 849.48 2036 Vienna Ln 106275004031 1 1 $ 849.48 $ 849.48 2034 Vienna Ln 106275004021 1 1 $ 849.48 $ 849.48 2032 Vienna Ln 106275004022 1 1 $ 849.48 $ 849.48 2030 Vienna Ln 106275004011 1 1 $ 849.48 $ 849.48 2028 Vienna Ln 106275004012 1 1 $ 849.48 $ 849.48 2026 Vienna Ln 106275002061 1 1 $ 849.48 $ 849.48 2024 Vienna Ln 106275002062 1 1 $ 849.48 $ 849.48 2022 Vienna Ln 106275002051 1 1 $ 849.48 $ 849.48 2020 Vienna Ln 106275002052 1 1 $ 849.48 $ 849.48 2018 Vienna Ln 106275002041 1 1 $ 849.48 $ 849.48 2016 Vienna Ln 106275002042 1 1 $ 849.48 $ 849.48 2014 Vienna Ln 106275002032 1 1 $ 849.48 $ 849.48 2012 Vienna Ln 106275002031 1 1 $ 849.48 $ 849.48 2010 Vienna Ln 106275002022 1 1 $ 849.48 $ 849.48 2008 Vienna Ln 106275002021 1 1 $ 849.48 $ 849.48 2006 Vienna Ln 106275002012 1 1 $ 849.48 $ 849.48 2004 Vienna Ln 106275002011 1 1 $ 849.48 $ 849.48 2066 Vienna Ln 108195002210 1 1 $ 849.48 $ 849.48 2074 Vienna Ln 108195002200 1 1 $ 849.48 $ 849.48 2080 Vienna Ln 108195002190 1 1 $ 849.48 $ 849.48 2088 Vienna Ln 108195002180 1 1 $ 849.48 $ 849.48 2096 Vienna Ln 108195002170 1 1 $ 849.48 $ 849.48 2104 Vienna Ln 108195002160 1 1 $ 849.48 $ 849.48 2110 Vienna Ln 108195002150 1 1 $ 849.48 $ 849.48 2116 Vienna Ln 108195002140 1 1 $ 849.48 $ 849.48 2117 Vienna Ln 108195004200 1 1 $ 849.48 $ 849.48 2111 Vienna Ln 108195004190 1 1 $ 849.48 $ 849.48 2105 Vienna Ln 108195004180 1 1 $ 849.48 $ 849.48 2099 Vienna Ln 108195004170 1 1 $ 849.48 $ 849.48 2093 Vienna Ln 108195004160 1 1 $ 849.48 $ 849.48 2087 Vienna Ln 108195004150 1 1 $ 849.48 $ 849.48 2081 Vienna Ln 108195004140 1 1 $ 849.48 $ 849.48 2075 Vienna Ln 108195004130 1 1 $ 849.48 $ 849.48 Subtotal 55 56 $ 47,570.88 Kings Rd R-1 Residential P.I.N. # of Lots Lot Equivalent Unit Assessment Total 2043 Kings Rd 108195003110 1 1 $ 849.48 $ 849.48 2049 Kings Rd 108195003120 1 1 $ 849.48 $ 849.48 2063 Kings Rd 108195004100 1 1 $ 849.48 $ 849.48 2065 Kings Rd 108195004110 1 1 $ 849.48 $ 849.48 2067 Kings Rd 108195004120 1 1 $ 849.48 $ 849.48 2071 Kings Rd 108195002220 1 1 $ 849.48 $ 849.48 2073 Kings Rd 108195002230 1 1 $ 849.48 $ 849.48 2077 Kings Rd 108195002240 1 1 $ 849.48 $ 849.48 2083 Kings Rd 108195002250 1 1 $ 849.48 $ 849.48 2095 Kings Rd 100310007040 1 1 $ 849.48 $ 849.48 2105 Kings Rd 108195002260 1 1 $ 849.48 $ 849.48 2107 Kings Rd 108195002270 1 1 $ 849.48 $ 849.48 2109 Kings Rd 108195002280 1 1 $ 849.48 $ 849.48 2111 Kings Rd 108195002290 1 1 $ 849.48 $ 849.48 2115 Kings Rd 108195002300 1 1 $ 849.48 $ 849.48 2119 Kings Rd 108195002310 1 1 $ 849.48 $ 849.48 2125 Kings Rd 108195002320 1 1 $ 849.48 $ 849.48 2145 Kings Rd 103985001010 1 1 $ 849.48 $ 849.48 2090 Kings Rd 103860001010 1 1 $ 849.48 $ 849.48 2088 Kings Rd 103860001021 1 1 $ 849.48 $ 849.48 2086 Kings Rd 103860001022 1 1 $ 849.48 $ 849.48 2084 Kings Rd 108195006061 1 1 $ 849.48 $ 849.48 2082 Kings Rd 108195006062 1 1 $ 849.48 $ 849.48 2080/2078 Kings Rd 108195006050 1 2 $ 849.48 $ 11698.96 2076/2074 Kings Rd 108195006040 1 2 $ 849.48 $ 11698.96 2072 Kings Rd 108195006032 1 1 $ 849.48 $ 849.48 2066 Kings Rd 108195005071 1 1 $ 849.48 $ 849.48 2064 Kings Rd 108195005062 1 1 $ 849.48 $ 849.48 2062 Kings Rd 108195005061 1 1 $ 849.48 $ 849.48 2060 Kings Rd 108195005051 1 1 $ 849.48 $ 849.48 2058 Kings Rd 108195005052 1 1 $ 849.48 $ 849.48 2056/2054 Kings Rd 108195005040 1 2 $ 849.48 $ 11698.96 2052 Kings Rd 108195005032 1 1 $ 849.48 $ 849.48 2050 Kings Rd 108195005031 1 1 $ 849.48 $ 849.48 2048 Kings Rd 108195005021 1 1 $ 849.48 $ 849.48 2046 Kings Rd 108195005022 1 1 $ 849.48 $ 849.48 Subtotal 36 39 $ 33,129.72 Viburnum Tri R-1 Residential P.I.N. # of Lots Lot Equivalent Unit Assessment Total 2057 Viburnum Trl 108195003130 1 1 $ 849.48 $ 849.48 2063 Viburnum Trl 108195003140 1 1 $ 849.48 $ 849.48 2069 Viburnum Trl 108195003150 1 1 $ 849.48 $ 849.48 2075 Viburnum Trl 108195003160 1 1 $ 849.48 $ 849.48 2085 Viburnum Trl 108195003170 1 1 $ 849.48 $ 849.48 2091 Viburnum Trl 108195003180 1 1 $ 849.48 $ 849.48 2099 Viburnum Trl 108195003190 1 1 $ 849.48 $ 849.48 2107 Viburnum Trl 108195003200 1 1 $ 849.48 $ 849.48 2113 Viburnum Trl 108195003210 1 1 $ 849.48 $ 849.48 2119 Viburnum Trl 108195003220 1 1 $ 849.48 $ 849.48 2118 Viburnum Trl 108195004010 1 1 $ 849.48 $ 849.48 2112 Viburnum Trl 108195004020 1 1 $ 849.48 $ 849.48 2106 Viburnum Trl 108195004030 1 1 $ 849.48 $ 849.48 2100 Viburnum Trl 108195004040 1 1 $ 849.48 $ 849.48 2092 Viburnum Trl 108195004050 1 1 $ 849.48 $ 849.48 2086 Viburnum Trl 108195004060 1 1 $ 849.48 $ 849.48 2078 Viburnum Trl 108195004070 1 1 $ 849.48 $ 849.48 2072 Viburnum Tri 108195004080 1 1 $ 849.48 $ 849.48 2062 Viburnum Trl 108195004090 1 1 $ 849.48 $ 849.48 108195002040 Su btota 1 19 19 849.48 $ $ 161140.12 NEIGHBORHOOD PARK Neighborhood Park (N.P.) Oak Way # Lots FrontRate/Front Footage Total Footage Kettle Park 106275000010 1 R-1 Residential P.I.N. # of Lots Lot Equivalent Unit Assessment Total Total 4701 Oak Way 108195002010 1 1 $ 849.48 $ 849.48 4709 Oak Way 108195002020 1 1 $ 849.48 $ 849.48 4717 Oak Way 108195002030 1 1 $ 849.48 $ 849.48 4725 Oak Way 108195002040 1 1 $ 849.48 $ 849.48 4733 Oak Way 108195002050 1 1 $ 849.48 $ 849.48 4741 Oak Way 108195002060 1 1 $ 849.48 $ 849.48 4749 Oak Way 108195002070 1 1 $ 849.48 $ 849.48 4757 Oak Way 108195002080 1 1 $ 849.48 $ 849.48 4765 Oak Way 108195002090 1 1 $ 849.48 $ 849.48 4771 Oak Way 108195002100 1 1 $ 849.48 $ 849.48 4775 Oak Way 108195002110 1 1 $ 849.48 $ 849.48 4774 Oak Way 108195002120 1 1 $ 849.48 $ 849.48 4770 Oak Way 108195002130 1 1 $ 849.48 $ 849.48 Subtotal 13 13 1 $ 11,043.24 NEIGHBORHOOD PARK Neighborhood Park (N.P.) Hittner Point (Private) # Lots FrontRate/Front Footage Total Footage Kettle Park 106275000010 1 R-1 Residential P.I.N. # of Lots Lot Equivalent Unit Assessment 4541 1 $ 4,090.50 Total 4705 Hittner Pt 103325002010 1 1 $ 849.48 $ 849.48 4731 Hittner Pt 103325002020 1 1 $ 849.48 $ 849.48 4710 Hittner Pt 103325001010 1 1 $ 849.48 $ 849.48 4720 Hittner Pt 103325001020 1 1 $ 849.48 $ 849.48 4730 Hittner Pt 103325001030 1 1 $ 849.48 $ 849.48 Subtotal 5 5 $ 41247.40 NEIGHBORHOOD PARK Neighborhood Park (N.P.) P.I.N. # Lots FrontRate/Front Footage Total Footage Kettle Park 106275000010 1 450 $ 9.09 $ 41090.50 $ 18.17 Subtotal 1 4541 1 $ 4,090.50 Commercial/Industrial Commercial Industrial P.I.N. / #Lots Front Footage Rate/Front Footage Total 2005 Pin Oak Dr 106275101010 1 1 216 $ 18.17 $ 31924.72 Subtotal 1 216 1 $ 3,924.72 Total 167 172 $ 152,426.82 Agenda Information Memo September 15, 2020 Eagan City Council Meeting CONSENT AGENDA M. Project 1375 Oak Chase 1st – 5th - Street Improvements Final Assessment Report Action To Be Considered: Receive the Final Assessment Report for Project 1375 (Oak Chase 1st – 5th - Street Improvements) and schedule a public hearing to be held on October 20, 2020. Facts: ➢ Project 1375 provided for approximately 5,300 feet of street improvements of the Oak Chase 1st – 5th Additions, residential streets in central Eagan located south of Wilderness Run Road and west of Lexington Avenue, as outlined and discussed in the feasibility report and approved by the City Council at the public hearing held on January 21, 2020. ➢ The project, constructed under Contract 20-01, has been completed, all costs tabulated, and the final assessment report prepared. The assessments are based upon the City of Eagan’s current Special Assessment Policy for all such assessable properties. ➢ The report is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled with the affected property owners to address any concerns prior to the final assessment hearing. Attachments (1) CM-1 Final Assessment Report -40-W-0-- FINAL ASSESSMENT REPORT PROJECT PUBLIC HEARING DATES Number: 1375 Assessment: October 20., 2020 Name: Oak Chase 1st -5th Project Approval: January 21., 2020 STREET Surf./Signs Single Family STREET Surf./Signs, - NH Park Final Rate 1,,509.00 7.31 Contract Number of Interest Amount Number Parcels Terms Rate Assessed 20-01 50 5 yrs 3.0% $ 75,805.04 $ 86,400.00 FR Feasibility Report Units $ 11720.00 Lot Eq 8.33 F. F. Variance city Variance Actual to FR Financed Actual to FR $ (10,594.96) $ 383,804.90 $ 39,504.90 -12.3% $ 344,300.00 FR 11.5% To: From: Date: Subject: s ham. OF ,WWI' Mayor and City Council Aaron Nelson,, Assistant City Engineer September IS., 2020 Final Assessment Roll,, Project 1375 Oak Chase 1st -5th At the public hearing on Jan 21,. 2020, the City Council ordered Project 1375. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Oak Chase 1st -5th project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 20-01. The following information was used in the preparation of the assessment roll for Project 1375. The total construction cost for this project is $413,326.24. This includes $411,575.87 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $1,750.37. Other costs including engineering, design., contract management, inspections, financing, legal, bonding, administration, and other totaling $46,,283.70 were incurred, resulting in a total improvement and project cost of $459,,609.94. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. Bituminous Mill & Overlay - Oak Chase 1st -5th Concrete curb & gutter repairs Utility Improvements ASSESSMENTS • 139.,696.39 150643.01 125,340.50 14,035.45 148,289.35 16,605.24 4131326.24 46,283.70 IMPROVEMENT FEASIBILITY COST REPORT 155,339.40 177,300.00 1391375.95 1091100.00 1641894.59 144,300.00 459,609.94 430,700.00 Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Low Density Residential (Single Family) Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay -Oak Chase 1st -5th costs are assessable for Low Density Residential (Single Family) properties. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: % Low Density Residential (Single Family) = 10,126.0 F.F. / 10,636.0 F.F = 95.2% $155,339.40 (Bituminous Mill & Overlay - Oak Chase 1st -5th Cost) x 95.2% x 50% = $73,941.00 $73,1941.00 = $1.,509.00 /Unit 49 Units Neigborhood Park Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Oak Chase 1st -5th costs are assessable for Neigborhood Park properties. The improvement and assessment rate for the Neigborhood Park properties is computed as follows: % Neigborhood Park = 255.0 F.F. / 10,636.0 F.F = 2.4% $155,339.40 (Bituminous Mill & Overlay - Oak Chase 1st -5th Cost) x 2.4% x 50% = $1,864.04 $1,864.04 = $7.31 /Front Foot 255 Front Feet The remaining frontage within the project area (2.40%) is either sideyard or backyard property with no driveway access, or not covered by assessment agreement, and therefore not assessable under the City's Assessment Policy. ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties. The interest rate is 3.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT Bituminous Mill & Overlay - Oak Chase 1st -5th Concrete curb & gutter repairs Utility Improvements IMPROVEMENT ASSESSMENT CITY COST REVENUE RESPONSIBILITY 155,339.40 75,805.04 79,534.36 139,375.95 - 139;375.95 164,894.59 - 164,894.59 4591609.94 75,805.04 383.,804.90 CITY FUND RESPONSIBILITY 383,804.90 Major Street Fund: $218,910.31 Public Utilities: $164,894.59 Aaron Nelson, P.E. RPVIPWP(i CT�1, -1� Public6korks Department q 16 2-v Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant Finance Depa.vrAtment V, �/!1 Date Final Assessment Roll City Project #1375 Oak Chase 1st -5th Oak Chase Rd R-1 Residential P.I.N. Lot Equivalent # of Lots Unit Assessment Total 4435 Oak Chase Rd 10-53500-07-030 1 1 $ 11509.00 $ 1,509.00 4455 Oak Chase Rd 10-53500-07-020 1 1 $ 11509.00 $ 11509.00 4487 Oak Chase Rd 10-53500-06-030 1 1 $ 11509.00 $ 11509.00 4505 Oak Chase Rd 10-53500-06-020 1 1 $ 11509.00 $ 11509.00 4515 Oak Chase Rd 10-53500-06-010 1 1 $ 11509.00 $ 1,509.00 4535 Oak Chase Rd 10-53500-05-020 1 1 $ 11509.00 $ 11509.00 4543 Oak Chase Rd 10-53503-01-010 1 1 $ 11509.00 $ 11509.00 4549 Oak Chase Rd 10-53503-01-020 1 1 $ 1,509.00 $ 1,509.00 4567 Oak Chase Rd 10-53503-01-110 1 1 $ 11509.00 $ 11509.00 4575 Oak Chase Rd 10-53503-01-120 1 1 $ 11509.00 $ 1,509.00 4585 Oak Chase Rd 10-53503-01-130 1 1 $ 11509.00 $ 11509.00 4486 Oak Chase Rd 10-53500-02-011 1 1 $ 11509.00 $ 11509.00 4424 Oak Chase Rd 10-53502-02-011 1 1 $ 11509.00 $ 11509.00 4434 Oak Chase Rd 10-53500-01-020 1 1 $ 1,509.00 $ 1,509.00 4504 Oak Chase Rd 1.0-53500-02-020 1 1 $ 11509.00 $ 11509.00 4514 Oak Chase Rd 10-53500-02-030 1 1 $ 11509.00 $ 11509.00 4542 Oak Chase Rd 10-53504-01-060 1 1 $ 11509.00 $ 1,509.00 4546 Oak Chase Rd 10-53504-01-050 1 1 $ 1,509.00 $ 11509.00 4556 Oak Chase Rd 10-53504-01-040 1 1 $ 11509.00 $ 1,,509.00- 4568 Oak Chase Rd 10-53504-01-030 1 1 $ 11509.00 $ 11509.00 4576 Oak Chase Rd 10-53504-01-020 1 1 $ 11509.00 $ 11509.00 4590 Oak Chase Rd 10-53504-01-010 1 1 $ 11509.00 $ 11509.00 Subtotal 22 22 $ 33,198.00 Oak Chase Ln R-1 Residential P.I.N. Lot Equivalent # of Lots Unit Assessment Total 4467 Oak Chase Ln 10-53500-07-010 1 1 $ 11509.00 $ 11509.00 4473 Oak Chase Ln 10-53501-02-010 1 1 $ 11509.00 $ 11509.00 4479 Oak Chase Ln 10-53501-02-020 1 1 $ 11509.00 $ 1,509.00 4485 Oak Chase Ln 10-53501-02-030 1 1 $ 1,509.00 $ 11509.00 4491 Oak Chase Ln 10-53501-02-040 1 1 $ 11509.00 $ 11509.00 4497 Oak Chase Ln 10-53501-02-050 1 1 $ 11509.00 $ 11509.00 4503 Oak Chase Ln 10-53501-02-060 1 1 $ 11509.00 $ 11509.00 4509 Oak Chase Ln 10-53501-02-070 1 1 $ 11509.00 $ 11509.00 4519 Oak Chase Ln 10-53501-02-080 1 1 $ 11509.00 $ 1,509.00 4521 Oak Chase Ln 10-53501-02-090 1 1 $ 11509.00 $ 11509.00 4480 Oak Chase Ln 10-53501-01-010 1 1 $ 11509.00 $ 11509.00 4490 Oak Chase Ln 10-53501-01-020 1 1 $ 11509.00 $ 11509.00 4510 Oak Chase Ln 10-53501-01-030 1 1 $ 11509.00 $ 11509.00 4540 Oak Chase Ln 10-53504-01-070 1 1 $ 11509.00 $ 11509.00 Subtotal 14 14 1 $ 21,126.00 4490 Oak Chase Way 10-53502-02-061 Oak Chase Way 1 $ 11509.00 $ 11509.00 R-1 Residential P.I.N. Lot Equivalent # of Lots Unit Assessment 11509.00 Total 4465 Oak Chase Way 10-53500-02-012 1 1 $ 11509.00 $ 11509.00 4485 Oak Chase Way 10-53502-01-010 1 1 $ 11509.00 $ 11509.00 4511 Oak Chase Way 10-53502-01-020 1 1 $ 11509.00 $ 11509.00 4525 Oak Chase Way 10-53502-01-030 1 1 $ 11509.00 $ 11509.00 4529 Oak Chase Way 10-53504-01-080 1 1 $ 11509.00 $ 11509.00 4454 Oak Chase Way 10-53500-01-030 1 1 $ 11509.00 $ 11509.00 4460 Oak Chase Way 10-53502-02-030 1 1 $ 1,509.00 $ 11509.00 4470 Oak Chase Way 10-53502-02-040 1 1 $ 11509.00$ 11509.00 4480 Oak Chase Way 10-53502-02-052 1 1 $ 1150:9.001$ 11509.00 4490 Oak Chase Way 10-53502-02-061 1 1 $ 11509.00 $ 11509.00 4500 Oak Chase Way 10-53502-02-070 1 1 $ 11509.00 $ 1,509.00 4510 Oak Chase Way 10-53502-02-080 1 1 $ 11509.00 $ 11509.00 4520 Oak Chase Way 10-53502-02-090 1 1 $ 11509.00 $ 1,509.00 Subtotal 13 13 1 $ 19,617.00 NEIGHBORHOOD PARK Neighborhood Park P.I.N. (N.P.) # Lots Front Footage Rate/Front Total Footage 4400 Oak Chase Rd 10-53500-01-010 1 255 $ 7.31 $ 1,864.04 Subtotal 1 255 $ 1,864.04 Total 50 $ 75,805.04 Agenda Information Memo September 15, 2020 Eagan City Council Meeting CONSENT AGENDA N. Project 1376 Oak Bluffs - Street Improvements Final Assessment Report Action To Be Considered: Receive the Final Assessment Report for Project 1376 (Oak Bluffs - Street Improvements) and schedule a public hearing to be held on October 20, 2020. Facts: ➢ Project 1376 provided for approximately 1,300 feet of street improvements of the Oak Bluffs neighborhood, residential streets in eastern Eagan located north of Diffley Road and east of Dodd Road, as outlined and discussed in the feasibility report and approved by the City Council at the public hearing held on January 21, 2020. ➢ The project, constructed under Contract 20-01, has been completed, all costs tabulated, and the final assessment report prepared. The assessments are based upon the City of Eagan’s current Special Assessment Policy for all such assessable properties. ➢ The report is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled with the affected property owners to address any concerns prior to the final assessment hearing. Attachments (1) CN-1 Final Assessment Report FINAL ASSESSMENT REPORT d�-�--'�as�---- PROJECT PUBLIC HEARING DATES Number: 1376 Assessment: October 20, 2020 Name: Oak Bluffs Project Approval: January 21, 2020 STREET Surf./Signs Single Family Res S 780.80 Contract Number of Interest Amount Number Parcels Teras Rate Assessed 20-01 32 5 yrs 3.0% $ 24,985.60 $ 37,100.00 FR Feasibility Report Units $ 1,160.00 Lot Eq Variance City Variance Actual to FR Financed Actual to FR $ (12,114.40) $ 73,382.08 $ (24,317.92) -32.7% $ 971700.00 FR -24.9% 18 v'%- EAGAN To: From: Date: Subject: Mayor and City Council Aaron Nelson,, Assistant City Engineer September 15, 2020 Final Assessment Roll, Project 1376 Oak Bluffs At the public hearing on Jan 21, 2020, the City Council ordered Project 1376. In accordance with the feasibility report, the following improvements were constructed: bituminous mill & overlay paving, and concrete curb & gutter repair for the Oak Bluffs project. In accordance with the City Special Assessment Policy and the feasibility report, it was proposed to assess the bituminous mill & overlay paving improvements to the benefiting residential properties. The improvements were completed under Contract 20-01. The following information was used in the preparation of the assessment roll for Project 1376. The total construction cost for this project is $79,,611.06. This includes $78.,802.43 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $808.63. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $18,756.62 were incurred, resulting in a total improvement and project cost of $98,367.68. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. � I � L' 711 11: 1 zTedy 4 -iv4- MOT h Bituminous Mill & Overlay - Oak Bluffs Concrete curb & gutter repairs Utility Improvements ASSESSMENTS New OTHER IMPROVEMENT FEASIBILITY COSTS COST REPORT 401442.57 91528.40 35,540.10 81373.36 3,628.39 854.86 79,611.06 18,756.62_ 49,970.97 741400.00 43,913.46 51,800.00 41483.25 81600.00 98,367.68 134,800.00 Trunk Assessments No trunk assessments for utilities were proposed in the feasibility report, therefore none are proposed in this assessment roll. Street Improvement Costs The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Low Density Residential (Single Family) Improvements: The City's Assessment Policy states that 50% of the Bituminous Mill & Overlay - Oak Bluffs costs are assessable for Low Density Residential (Single Family) properties. The improvement and assessment rate for the Low Density Residential (Single Family) properties is computed as follows: Low Density Residential (Single Family) = 2,510.0 F.F. / 2,510.0 F.F = 100.0% $49,970.97 (Bituminous Mill & Overlay - Oak Bluffs Cost) x 100.0% x 50% = $24,985.60 $24,985.60 = $780.80 /Unit 32 Units ASSESSMENT TERMS: The assessments are proposed for a term of 5 years for residential properties. The interest rate is 3.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Bituminous Mill & Overlay - Oak Bluffs 49,970.97 24,985.60 24,985.37 Concrete curb & gutter repairs 43,913.46 - 43,913.46 Utility Improvements 4,483.25 - 4,483.25 98,367.68 24,985.60 73,382.08 CITY FUND RESPONSIBILITY 73,382.08 Major Street Fund: $68,898.83 Public Utilities: $4,483.25 a,-, XJ"', Aaron Nelson, P.E. RPI/IOIAhOd l6p� '7�14d- PublV Works Department qA A"o Date c: Russ Matthys, Director of Public Works Mike Dougherty, City Attourney Alexandra O'Leary, Accountant I r Cfa . L Finance De a'rt ent /� L' V Y�Y 0 Date Final Assessment Roll City Project ##1376 Oak Bluffs Total 32 $ 24,985.60 Lexie Ct Ethan Drive R-1 Residential P.I.N. R-1 Residential P.I.N. Lot Equivalent ## of Lots Unit Assessment 667 Lexie Ct Total 4189 Ethan Dr 105340002090 1 1 $ 780.80 $ 780.80 4185 Ethan Dr 105340002080 1 1 $ 780.80 $ 780.80 4179 Ethan Dr 105340002070 1 1 $ 780.80 $ 780.80 4171 Ethan Dr 105340002060 1 1 $ 780.80 $ 780.80 4165 Ethan Dr 105340002050 1 1 $ 780.80 $ 780.80 4159 Ethan Dr 105340002040 1 1 $ 780.80 $ 780.80 4151 Ethan Dr 105340002030 1 1 $ 780.80 $ 780.80 4143 Ethan Dr 105340002020 1 1 $ 780.80 $ 780.80 4135 Ethan Dr 105340002010 1 1 $ 780.80 $ 780.80 4134 Ethan Dr 105340001010 1 1 $ 780.80 $ 780.80 4138 Ethan Dr 105340001020 1 1 $ 780.80 $ 780.80 4142 Ethan Dr 105340001030 1 1 $ 780.80 $ 780.80 4146 Ethan Dr 105340001040 1 1 $ 780.80 $ 780.80 4150 Ethan Dr 105340001050 1 1 $ 780.80 $ 780.80 4154 Ethan Dr 105340001060 1 1 $ 780.80 $ 780.80 4158 Ethan Dr 105340001070 1 1 $ 780.80 $ 780.80 4162 Ethan Dr 105340001080 1 1 $ 780.80 $ 780.80 4166 Ethan Dr 105340001090 1 1 $ 780.80 $ 780.80 4170 Ethan Dr 105340001100 1 1 $ 780.80 $ 780.80 4174 Ethan Dr 105340001110 1 1 $ 780.80 $ 780.80 4178 Ethan Dr 105340001120 1 1 $ 780.80 $ 780.80 4182 Ethan Dr 105340001130 1 1 $ 780.80 $ 780.80 Subtotal 22 22 1 $ 17,177.60 Total 32 $ 24,985.60 Lexie Ct R-1 Residential P.I.N. Lot Equivalent ## of Lots Unit Assessment Total 667 Lexie Ct 105340001140 1 1 $ 780.80 $ 780.80 668 Lexie Ct 105340001230 1 1 $ 780.80 $ 780.80 658 Lexie Ct 105340001220 1 1 .$ 780.80 $ 780.80 654 Lexie Ct 105340001210 1 1 $ 780.80 $ 780.80 650 Lexie Ct 105340001200 1 1 $ 780.80 $ 780.80 646 Lexie Ct 105340001190 1 1 $ 780.80 $ 780.80 647 Lexie Ct 105340001180 1 1 $ 780.80 $ 780.80 651 Lexie Ct 105340001170 1 1 $ 780.80 $ 780.80 655 Lexie Ct 105340001160 1 1 $ 780.80 $ 780.80 659 Lexie Ct 105340001150 1 1 $ 780.80 $ 780.80 Subtotal 10 10 1 $ 7,808.00 Total 32 $ 24,985.60 Agenda Information Memo September 15, 2020 Eagan City Council Meeting CONSENT AGENDA O. Road Equipment Utility Bill Action To Be Considered: Approve an adjustment to the utility bill for the property located at 3275 Dodd Road (Road Equipment), for the period between April 2, 2020, and August 12, 2020. Facts: ➢ On August 4, 2020, a letter was sent to the City Council requesting an adjustment of the utility billing to 3275 Dodd Road, for Road Equipment, for the period between April 2, 2020, and July 6, 2020, due to a leaking valve in their private water system. An additional letter was sent on August 13, further supporting the utility billing adjustment due to another leak found and sealed on August 12. ➢ Actual water and sewer usage/billings compared to normal are shown below: o Water Read Gal Actual Avg/Normal Dates (000s) Charge Charge Difference April bill 1/3 - 4/2 618 $1,190.52 $36.00 $1,154.52 July bill 4/2 - 7/6 2,901 $5,573.88 $36.00 $5,537.88 curr qtr to date 7/6 - 8/12 1,360 $2,615.16 $13.00 $2,602.16 Water over normal $9,294.56 o Sewer Read Gal Actual Avg/Normal Dates (000s) Charge Charge Difference April bill 1/3 - 4/2 618 $2,393.67 $68.00 $2,325.67 July bill 4/2 - 7/6 2,901 $11,228.88 $68.00 $11,160.88 curr qtr to date 7/6 - 8/12 1,360 $5,265.21 $25.00 $5,240.21 Sewer over normal $18,726.76 ➢ City staff has investigated the site of the leaks and determined that the second leak almost certainly did not flow into the sanitary sewer system. Water from the first leak likely made it into the sanitary sewer system. To the extent water from a leak is determined to have not gone into the sewer, past practice is that the sewer charges would be waived. ➢ Regarding the water usage, the City’s past practice in similar situations is to not forgive the water charges since the water was delivered. However, the City has offered the customer the opportunity to pay the water charge over a period of two years, interest-free. That offer has already been made to Road Equipment, per standard practice. Staff is not aware of a case where the water charges have been forgiven previously. ➢ On September 1, the Public Works Committee met to provide direction to City staff. Their recommendation follows: o Maintain the water charge based upon metered usage while supporting the offer to pay the water charge over a period of two years, interest- free. No credit to water charge. o Maintain the sewer charge for the April bill based upon metered water usage, but credit the above normal sewer charge after the April 2 water meter reading based upon the results of the staff investigation. $16,401.09 credit to sewer charge. Attachments (2) CO-1 August 4, 2020 Letter from Road Equipment CO-2 August 13, 2020 Letter from Road Equipment ROAD EQUIPMENT "`� I PARTS CENTER Eagan Branch 3275 Dodd Rd., Eagan, MN 55121 YOUR SOURCE FOR HEAVY DUTY TRUCK & TRAILER PARTS August 4, 2020 The Eagan City Council City of Eagan 3830 Pilot Knob Rd Eagan, MN 55122-1810 Via email - citycouncil@cityofeagan.com Re: Water -Sewer Billing $18,506.79 /Acct # 0036609907 I Customer #00051044 Dear Mayor Maguire and Members Mr. Bakken, Ms. Fields, Mr. Hansen, and Ms. Tilley, The purpose of this letter is to request an adjustment of our branch's water -sewer bill for the period 04/02/20 — 07106120. Our location suffered a faulty valve in the shop restroQm's commercial wash station_ The leak, which apparently started at the tail end of March, was not discovered until we received an inflated bill for the quarter ended March of $4,975.91. Dating back to the quarter billing dated 8-25- 2016, the average bills over those 15 quarters were $1,325. The three most recent billing periods were $1,362.68, 1369.45, and $1,352.49, respectively. The plumber had difficulty finding the appropriate valve for the commercial sink, but the leak was repaired by the second week of April (see attached bill). The most recent billing for the period ended July 6, 2020 of $18,506.79 exceeds our typical bill by over $17,000. Not to mention our March bill exceeded our typical bill by $3,600. The water leak is an isolated incident, causing both water and sewage metered charges. Please consider payment of the excessive March billing as enough hardship for the incident. We are requesting relief of the $17,000 excessive amount for the most recent billing period. As you recall, we were all distracted by the Pandemic around the time of the incident. The financial hardship for the Branch is real during an already tough period due to the current economic situation. Road Equipment has been a long-time good paying customer. Thank you for your consideration. Respectively submitted, Jerome Johnson Regional Manager Road Equipment Parts Center ' �'� �•'� . EAGAN PAYMENT - THANK YOU 3830 PILOT KNOB ROAD BALANCE FORWARD: FAGAN. MIN 55122-1810 eBILL Please Return INS Portion With Your Payment •rr- ADDRESS SERVICE REQUESTED ROAD EQUIPMENT PO BOX 9425 GRAND RAPIDS MI 49509-0425 CUSTOMERNUMBER ACCOUNT NUMBER PAY ON OR BEFORE 00051044 0036609907 0812712020 AMOUNT DUE $18,506.79 III,�IIrl,,,l,l,ll,„ I,Illlllllll„ Ir,l,l,lll,rrl,l,l,l„ I,IrI Billing Date: 7/2412020 003660990700051044001850679 CITY OF EAGAN ATTN: UTILITY BILLING 3830 PILOT KNOB RD EAGAN, MN 55122-1810 SERVICE ADDRESS: 3275 DODD RD SERVICE ADDRESS: 3275 DODD RD Meter# Read Date Previous Reading Current Reading Usage 45698424 07/06/2020 116620 145630 2901 228066/4 07/24/2020 6 6 0 Total Water Consumption- 2901 Total Sewer Consumption: 2901 3200 2600 0 400 0 oq0 X09 X20'`9 roti° o° oti° ■ wa�e� Odd & Even watering restrictions are in effect for 2020 and apply to ALL properties. Help make our community a more sustainable place to live. See the City website for more information httpsllwww.cityofeagan.comloddeven. Conserve Wafer & Earn Cashl Eagan water customers can now cash in on rebates for the purchase of WaterSense labeled and Energy Star qualified appliances. Visit www.cityofeagan.comlconservewaterto learn more BILLING 4,975.91 PAYMENT - THANK YOU 4,975.91 CR BALANCE FORWARD: 0.00 STATE TESTING FEE 2.43 FIRE LINE 9.00 WATER 5,573.88 SEWER 11,228.88 STORM DRAINAGE 1,283.42 COMMUNITY STREET LIGHTS - COMMERCIAL 11.40 SALES TAX 383.20 TRANSPORTATION SALES TAX 13.93 SALES TAX 0.62 TRANSPORTATION SALES TAX 0.03 TOTAL CURRENT CHARGES: 18,506.79 TOTAL AMOUNT DUE: 19,506,79 Penalty of 1.5% per month will be charged on past due balances. Online payment and billing options are now available. To create an account or to make a payment, please visit www.cityofeagan.com/easypay City of Eagan 3830 Pilot Knob Rd I Eagan, MN 55122-1810 utilitybills@cityofeagan.com 651-675-5030 Eagan Branch 3275 Dodd Rd., Eagan, MN 55121 YOUR SOURCE FOR HEAVY DUTY TRUCK & TRAILER PARTS August 13, 2020- Update to August 4th Communication The Eagan City Council City of Eagan 3830 Pilot Knob Rd Eagan, MN 55122-1810 Via email - citycouncil@cityofeagan.com Re: Water-Sewer Billing $18,506.79 /Acct # 0036609907 / Customer #00051044 and Future Billing for July, August, Sept. Quarter. Dear Mayor Maguire and Members Mr. Bakken, Ms. Fields, Mr. Hansen, and Ms. Tilley: The purpose of this letter is to provide an update to our original request dated August 4th. It was discovered that a second leak under the shop floor slab, previously undetected, was discovered this week. Yesterday, a plumber capped a 1” pipe that fed under our shop floor to an outbuilding, after employees noticed water seeping up through a concrete expansion joint in our shop area two days ago. Master Mechanical performed a scan this morning and identified a 10x10 void that will require cutting of the cement and repairing the washed-out area. It appears none of the flow entered the sewer drain. The water meter reading, after the plumber repair, was 159234, which compared to the last reading on July 6th, is indicating 1.4 million gallons of usage. Again, please consider the March billing and the extensive cost of repairs as penalty enough for something that was undetectable until this week. Thank you for your consideration. Respectively submitted, Jerome Johnson Regional Manager Road Equipment Parts Center Agenda Information Memo September 15, 2020 Eagan City Council Meeting CONSENT AGENDA P. MnDOT Noise Wall Program Grant Application Action to be considered: Approve a resolution in support of a grant application to the Minnesota Department of Transportation (MnDOT) Noise Wall Program for a new 1,075 feet long noise wall along the east side of I-35E, near Englert Road, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Since 2013, the City has partnered with MnDOT in the c onstruction of three noise walls at various locations along I-35E through a MnDOT noise study and solicitation process, with financing of the construction of the noise walls shared between MnDOT (90%) and the City (10%). A fourth wall along I-35E (east side, Cliff Road to Cedar Avenue) is scheduled for construction in 2021 as programmed in the City’s Capital Improvement Plan (2020-2024). ➢ In 2018, MnDOT modified its Noise Wall program to a grant application process, maintaining the same cost participation policy, with a resolution in support of the application required from the City. ➢ City Public Works staff has applied to the program for the construction of a new noise wall along the east side of I-35E, near Englert Road, approximately 1,075 feet in length. This segment has been identified in the MnDOT noise study as having the highest noise reduction benefit within the City. Staff have received multiple requests for a noise wall in this location throughout the time of the MnDOT program. The estimated cost of this wall is $730,000 ($660,000 – MnDOT, $70,000 – City). ➢ If selected for funding by MnDOT, this project would be included in a future draft Capital Improvement Plan (2022-2026) for consideration by the City Council for construction in 2026. ➢ The request has been reviewed by the Public Works Department and found to be in order for favorable Council action. Attachments (2) CP-1 Location Map CP-2 Resolution PILOT KNOB RDINTERSTATE 35EFEDERAL DRDUCKWOOD DRVIOLET LN BLACKHAWK LAKE DRENGLERT RDPILOT KNOB RD RAMPLEMIEUX CIR CREST RIDGE LNCRESTRIDGE DRPOND VIEW PT BRAUN CT LAKEVIEW TRL KINGSWOOD POND OVLK FEDERAL CT B L A C K H A W K R ID G E C T INTERSTATE 35E³ Proposed Noise Barrier MNDOT NOISE BARRIER PROGRAM - APPLICATION CITY OF EAGAN RESOLUTION NO _________ APPROVING A RESOLUTION OF SUPPORT FOR APPLICATION TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION STANDALONE NOISE BARRIER PROGRAM WHEREAS, the State of Minnesota, acting through its Commissioner of Transportation (MnDOT), will consider future noise wall barrier improvements within the corporate City of Eagan (City) limits through an application to MnDOT’s Metro District Standalone Noise Barrier Program; and WHEREAS, the City supports the application to the MnDOT Metro District Standalone Noise Barrier Program, for consideration of future construction of a 1,075-foot-long noise wall along the east side of Interstate-35E, near Englert Road, as described in the MnDOT Metro Standalone Noise Barrier Study. THEREFORE, BE IT RESOLVED, the City of Eagan hereby supports the application for a 1,075- foot-long noise wall along the east side of Interstate-35E, near Englert Road, as part of the MnDOT Metro District Standalone Noise Barrier Program. Approved this 15th day of September 2020. CITY OF EAGAN CITY COUNCIL By: _________________________________ Mayor Attest: ______________________________ City Clerk CERTIFICATION I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the City of Eagan, County of Dakota, State of Minnesota, at a duly authorized City Council Meeting held in the City of Eagan, Minnesota, on the 15th day of September 2020, as disclosed by the records of said City on file and of record in the office. Christina M. Scipioni City Clerk Agenda Information Memo September 15, 2020, Eagan City Council Meeting CONSENT AGENDA Q. Final Plat (Fish Lake Estate Addition) – Randall Thorson Action To Be Considered: To approve a Final Plat (Fish Lake Estate Addition) to create one (1) lot upon three (3) acres located south of Crestridge Lane and east of Pilot Knob Road. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The property is unplatted, vacant, and contains no structures. The property is heavily wooded and 0.3 acres of the southerly portion of the parcel is within Fish Lake. ➢ City Code requires platting prior to issuance of a Building Permit. The owner is completing the Final Plat in order to construct a single-family home. ➢ The Final Plat creates one (1) lot on the existing boundaries and dedicates necessary drainage and utility easements as well as a road easement. ➢ The City’s Comprehensive Guide Plan designates the property for Low Density residential use. The property is zoned R-1, Residential Single. ➢ The Dakota County Surveyor’s office has reviewed the Final Plat and okayed it for mylars. Issues: ➢ None Attachments: (2) CQ-1 Location Map CQ-2 Final Plat F L IC K E R CR KOL STADLNASHBURYROADTOWNCENTREDRIVEFEDERALDRIVE DREXEL CTMARICE DR DEN M A R KAVEB L A C K H A WKRDGCIRB O A R D W A L K BLACKHAWK RIDGE WAYB L ACKHAW KBLACKHAWK LAKE CTTOWN CENTRE DR C.S.A.H.NO.31(PILOTKNOBROAD)CTCRESTRIDGE DRDRESDEN CT DENMAR K T R A I L DEERCLIFFASHBURYCT LETENDRE ST WIDGEONWAYWIDGEONWAYB L ACK HAWKCO VE BLACKHAWKPTLEMIEUX CIR DENMARK CTWESTCOT T R O A D NORWEST LAKEVI E WCURV EST.CHARLESPLACECRE STRIDGE LANE ASHBURYPLACEC E N T R A L P AR KW AYWESTCOT T R O A DBLACKHAWKLAKEDRKRESTWOOD LNCOACHMANROADDREXEL CTSHERMAN COURTSURREYHEI GHTSDR IV E BLACKHAWKLAKEDRVIOLET LANE PARK P L C.S.A.H. NO. 31 (PILOT KNOB ROAD)ASHBURY ROAD HUNT DRIVE COACHMANROADFEDERALDRIVEDUCKWOOD DR M O U R N IN G D O V ECTENGLERT RD L AKEVIEWTRAIL BLACKHAWKRIDGEPL DRESDEN WAYCOACH M A NROADL A N E DENMARK AVEPACIFICAVE FEDERAL DRIVEHIGH -S I TE DRIVE BOARDWALKDEERCLIFF CTCOUNTY ROAD NO. 28 (YANKEE DOO DLE ROAD)MERGANSER CTTANANGER C TC.S.A.H. NO. 31 (PILOT KNOB ROAD)DUCKWOOD DRFEDERAL DRIVEBRAUN CT LAKEDRCOACH M A NROADPINECREST CTQUARRY RD COUNTY ROAD NO.28 (YANKEE DOODLE ROAD)TIMBERSHORELANEBLACKHAW K LAKE PLBLACKH A W K R ID G E C T DENMARK AVEW A S HINGTONDRIVEWINDCREST COURTKOLSTAD ROADCROSSROADCT.DENMARK AVE81ST ST W CENTURY POINT B L ACKHAW K HILLS RD CRESTRI DG E C TLAK EVIEWCURVEASHBURYPL D ENMARK CTDENMARK AVEBALTICAVEBlackhawkPark CentralPark Park Fish LakePark Quarry Park Park Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Do odle Rd Lone Oak Rd Map Area Extent Project Name: Fish Lake EstateRequest: Final PlatFile No.: 15-FP-03-07-20 Subject Site PILOT KNOB RD.SITE15LEXINGTON AVE.YANKEE DOODLE RD.TH 35EFISH LAKEFISH LAKE ESTATELOCATION MAPSHEET 1 OF 1 SHEETSLAND SURVEYINGsisuKNOW ALL PERSONS BY THESE PRESENTS: That Randall Thorson and Talisyn Flagg, husband and wife, owners of the following described property: The South 726 feet of the North 1121.5 feet of the East 180 feet of the West 820.8 feet of the NW 1 /4 of the SW1/4 of Section 15, Township 27 North, Range 23 West, together with an easement over the South 60 feet of the North 395.5 feet of the West 820.8 feet of said Northwest 1/4 of the Southwest 1/4; and reserving therefrom a One (1) rod easement over and across the afore described 3 acre parcel, the center line beginning at the Northwest corner of the said three acre parcel and terminating at a point on the East line of said 3 acre parcel, said point being 68 feet South of the N.E. corner thereof Dakota County, Minnesota. Have caused the same to be surveyed and platted as FISH LAKE ESTATE, and do hereby dedicate to the public for public use forever the drainage and utility easements and drainage easements as created herewith. In witness whereof said Randall Thorson and Talisyn Flagg, husband and wife, have hereunto set their hands this day of , 20 . Randall Thorson Talisyn Flagg STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me on by Randall Thorson and Talisyn Flagg. Signature Printed Notary Public, County, Minnesota My Commission Expires 551010CITY COUNCIL, CITY OF EAGAN, STATE OF MINNESOTA This plat of FISH LAKE ESTATE was approved and accepted by the City Council of Eagan, Minnesota, at a regular meeting thereof held this day of , 20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. By Mayor By Clerk ATTEST: City Clerk COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of , 20 . By Todd Tollefson, Dakota County Surveyor DEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTA Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of , 20 . Amy A. Koethe Director, Department of Property Taxation and Records COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that this plat of FISH LAKE ESTATE, was filed in the office of the County Recorder for public record on this day of , 20 at o’clock M., and was duly filed in Book as Document Number . Amy A. Koethe Dakota County Recorder I Curtiss Kallio do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20 . Curtiss Kallio, Licensed Land Surveyor Minnesota License No. 26909 STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me on by Curtiss Kallio. Signature Printed Notary Public, County, Minnesota My Commission Expires Agenda Information Memo September 15, 2020, Eagan City Council Meeting CONSENT R. ADOPT Resolution in support of a Job Creation Fund application to the Minnesota Department of Employment and Economic Development for Ecolab Production, LLC. Action To Be Considered: To Adopt a Resolution in support of a Job Creation Fund application to the Minnesota Department of Employment and Economic Development for Ecolab Production, LLC. Required Vote For Approval: Majority of Councilmembers present Facts: The Minnesota Job Creation Fund Program (JCF) is administered by the Minnesota Department of Employment and Economic Development. JCF provides financial benefits to businesses that commit a capital investment and related job growth within the state. JCF is a pay-for-performance program that provides financial benefits after job creation and capital investment thresholds have been met. Ecolab is a global leader of highly diversified water, hygiene, and infection prevention solutions in over 40 industries, and has had a presence in Eagan since 1969. Its Global Research, Development and Engineering Center was opened in Eagan in 2005 and serves as its main hub of innovation. The proposed project associated with the JCF application is an expansion of Ecolab’s Original Equipment Manufacturing Solutions program within the company’s Healthcare division. The project is designed to further advance start-up medical device development and production within a new Pilot Plant and Prototype Lab at an existing 22,065 square foot leased space located at 990 Lone Oak Road. The proposed project is expected to provide 14 new full-time jobs and a $3.9 million capital investment. Ecolab is evaluating another proposed project site in Alpharetta, Georgia, and while they have indicated Eagan is their preferred site, assistance from the JCF program will play a role in the final decision where to implement the project. The JCF application requires a resolution of support from the local government where the project will be located. Attachments: (1) CR-1 Resolution of support from the City of Eagan RESOLUTION NO. RESOLUTION REGARDING THE SUPPORT OF A JOB CREATION FUND APPLICATION IN CONNECTION WITH ECOLAB PRODUCTION, LLC WHEREAS, the City of Eagan, Minnesota (the “City”), desires to assist Ecolab Production, LLC, a public corporation, which is proposing to construct a facility in the City; and, WHEREAS, the City of Eagan understands that Ecolab Production, LLC, through and with the support of the City, intends to submit to the Minnesota Department of Employment and Economic Development an application for an award and/or rebate from the Job Creation Fund Program; and, WHEREAS, the City of Eagan held a city council meeting on September 15, 2020, to consider this matter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGAN, MINNNESOTA, that the City of Eagan, Minnesota, after due consideration, hereby adopts the following findings of fact related to the project proposed by Ecolab Production, LLC and its application for an award and/or rebate from the Job Creation Fund Program and express their approval: 1.Finding that the project is in the public interest because it will encourage the growth of commerce and industry, prevent the movement of current or future operations to locations outside Minnesota, result in increased employment in Minnesota, and preserve or enhance the state and local tax base. The project is projected to create at least 14 new full-time jobs with an average annual wage of greater than $75,000 in addition to employee benefits and result in a capital investment of nearly $4 million. 2.Finding that the proposed project, in the opinion of the City Council, would not be reasonably expected to occur solely through private investment within the reasonably foreseeable future. Volatile economic conditions resulting from the COVID-19 pandemic have created a reality of constrained capital and future uncertainty. Ecolab Production, Inc. is concurrently evaluating an alternative project site outside of Minnesota due to a variety of factors including operational costs, workforce, project rate of return, cost of utilities and state and local tax impacts. 3.Finding that the proposed project conforms to the general plan for the development or redevelopment of the City as a whole. The proposed project is consistent with City of Eagan’s Comprehensive Plan and zoning requirements. 4.Finding that the proposed project will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment or development of the project by private enterprise. The project will fill an existing vacancy within Eagan’s industrial park with an expanding business. The addition of highly-skilled positions will advance the innovation economy in Eagan as well as help to retain existing Ecolab operations through new investment in both human talent and physical structure. The new jobs would also be expected to positivly impact other Eagan and regional businesses through indirect and induced spending by the new employees and by businesses benefiting from enhanced sales as a result of the incremental spending in the local and regional economy. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Mike Maguire, Mayor and Christina M. Scipioni, City Clerk, City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Eagan City Council in a regular meeting thereof assembled this ___ day of September 2020. ______________________________ Mike Maguire, Mayor ______________________________ Christina M. Scipioni, City Clerk Agenda Information Memo September 15, 2020, Eagan City Council Meeting CONSENT AGENDA S. MODIFICATION of Site Plan for Pilot Knob Animal Hospital Planned Development Amendment – JFU LLC Action To Be Considered: To approve a Modification to the Site Plan for the Pilot Knob Animal Hospital Planned Development Amendment. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ On August 3, 2020, the City approved a Planned Development Amendment for a building addition and site improvements for the Pilot Knob Animal Hospital. ➢ Following the approval, the Owner determined a need for a larger trash container which involves a dumpster. ➢ The use of a dumpster, located within an attached trash enclosure, requires access by a garbage truck necessitating driveway access versus a sidewalk to Signal Point. ➢ The original Site Plan illustrated a new five (5) foot sidewalk from the rear of the building to Signal Point. The proposed modification includes a ten (10) foot-wide driveway with three (3) feet of grass pavers on each side and increases the pervious area by 58 square feet over the plan approved by the City Council. ➢ The Planned Development Amendment approved 7,869 square feet (43.7%) green space. The proposed modification results in 7,927 square feet (44%) green space. ➢ The installation of the driveway will result in the removal of a larger portion of the private hedge along Signal Point than was originally anticipated. Because of this, the applicant proposes to plant nine (9) arborvitae alongside the driveway. ➢ A copy of the proposed Site Plan and Landscape Plan is attached along with the previously approved Site Plan and Landscape Plan for comparison. 60-day Agency Action Deadline: N/A Attachments: (3) CS-1 Location Map CS-2 Proposed Site Plan and Landscape Plan CS-3 Previously approved Site Plan and Landscape Plan FRONTAGE RDWILDERNESS RUN ROAD PADDOCK CT C.S.A.H.NO.30 (DIFFLEY ROAD) EAST BALSAM STREET VILDMARK CTDEERWOOD CTROCKYLN NORTH M A LLARDTR. COS MOS LANE CARLSON LAKE LANEHEINE CTCRESTVIEW LN THOMASLAKERD.RASPBERRYCTSIGFRID HEMLOCK CIR STRAWBERRYLNL O DGEPOLED R STREET M U R P H Y PARKWAY ROCKY LNE BALSAM TRAIL K INGSWOODROADROCKY LN D EERWOODPLGA RD E N T RAILDUNROVIN PLWEXFORDWAY DEERCLIFF DENMARKAVECARLSONLAKELANEOA K B R O O KECURVEB L U E B E R R Y K N O L L DRIVE C T C.S.A.H.NO.31(PILOTKNOBROAD)A P PA L O O S A T R OAKBROOKECIRDEERWOODTRAILCLEM S O N DRIVE MICH E LLEDR SEQUOIA DRIVERASPBERRY WILDERNESS RUN CTKNOBDRIVECUTTERS LANE HILLTOPLNNORTHNYBROLA N E THOMASLAKERD.HOSFORD HILLS RDKINGS WOODCT NYBROCIRDENMARKAVEJOHNNYCAKERIDGEROADNORTH MALMO LANEPO NDEROSA CIRCLIPPERS ROADOAKBRO O K ELNBLUEBERRY CI RC.S.A.H. NO. 31 (PILOT KNOB ROAD)LODGEPOLE CTSKYWOODLNHORSE S H O E C RCA S H E L L GLEN E A S T B ALSAMCLEMSONCT O AK B R OOKETER R STREET BLUEBERRY LNNORTH SVENSK LNCHATTERT O N ROADGREYSTONERIDGEBERR Y RIDGEROADBE R R Y RIDGEROADAMBERLEA F TR WALFRID STKINGSWOODLNPALOMIN OTRA IL TRAIL DRIVEHAWK PL. EASTER LANE CLEMSON CIRCLEOA K B R O OKEROADVERSAILLESCT WILDERNESS RUN CIRVILDMA R K D R LANE SEQUOIA DRIVEC.S.A.H.NO.30 (DIFFLEY ROA D)C.S.A .H.NO.30 (DIFFLEY ROAD) ROCKY LANE SIGNALPT BAYLOR CT COS MOS LANE MALLARD PLACEWIN D C R E S T AV E MALMO CIRCHESMARCRC.S.A.H. NO. 31 (PILOT KNOB ROAD)DUNROVIN LANED E ERW OODDRIVEBALSAM AUBUR N CTDEERWOODTRAILWEXFORDCIRWINDCREST COURTEASTER LANEAMARYLLIS LANEOAKBROOKETRAILWENZELAVEHEINE STRASSEB L U E B E R R Y C T JO HNNYCAKEALCOV E LODGEPOLE RDWILDERNESS RUN DR THOMASLAKERD DEERW O O DPATHDEERWOOD DRIVEKINGSCREST EAST S I G FRIDSTCL EOME LANEJOHNNYCAKERIDGEROADKINGSWOODROAD SVENSKLANED E E R R IDGE CT MALMO PLCLEMSON DR WEXF O RDCTEvergreenPark BlackhawkPark BerryPatch Park CarlsonLake Park DowningPark Highline Trail Park HeinePond Park CaponiArt ParkPark OakChasePark PatrickEaganPark Thomas LakeEast Park ThomasLake Park Park WindcrestPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Do odle Rd Lone Oak Rd Map Area Extent Project Name: Pilot Knob Animal HospitalRequest: Planned Development AmendmentFile Nos.: 21-PA-02-06-20 Subject Site PROPOSED ADDITIONAREA=1,322 S.F. ±SIGNAL POINTKNOB D R I V E EXISTING BUILDING TOREMAIN 2,400 S.F. ±””SCALE: 1" = 10'LEGEND:SITE PLAN NOTES:SITE PLAN INFORMATION:·········Pilot Knob Animal Hospital 4145 Knob Dr, Eagan Dakota County, MN 09/11/2020 BID PERMIT SITE & DIMENSION PLANC2 PROPOSED ADDITIONAREA=1,322 S.F. ±””SIGNAL POINTKNOB D R I V E EXISTING BUILDING TOREMAIN 2,400 S.F. ±SCALE: 1" = 10'SITE & DIMENSION PLANC2 LEGEND:SITE PLAN NOTES:SITE PLAN INFORMATION:·········Pilot Knob Animal Hospital 4145 Knob Dr, Eagan Dakota County, MN 1 06/25/2020 RESPONSE TO CITY REVIEW 1 EXISTING BUILDINGNEW ADDITIONPAVING PER CIVIL PLANSEX. LANDSCAPEBED TO REMAINSOD FROM BACK OF CURBTO DISTURBED LIMITSEX. LANDSCAPE TO REMAINEX. LANDSCAPETO REMAINSOD FROM BACK OF CURBTO DISTURBED LIMITSSOD TO DISTURBED LIMITSTRIM HEDGE BACK 2' FROM SIDEWALK, UNIFORM APPEARANCE,PET RELIEF AREASEE SHEET L3 FOR DETAILSLANDSCAPE EDGER, CONTINUOUSSIDEWALK PER CIVIL PLANSSIDEWALK PER CIVIL PLANSKNOB D R I V E SIGNAL POINTSEE CIVIL PLAN FOR FENCE DETAIL7VA16Ap15DLEX. TURFTO REMAINSOD TO DISTURBED LIMITSL2LANDSCAPE LAYOUT PLAN:Existing Tree To RemainProposed BuildingLandscape Legend:New Turf SodDate:License Number:I hereby certify that this plan,specification, or report was prepared byme or under my direct supervision andthat I am a duly Licensed LandscapeArchitect under the laws of the State ofMINNESOTA.BENJAMIN D. HARTBERG, PLA4808406/18/2020DESIGN GROUP Landscape Architecture | Planning 475 Cleveland Avenue N. | Suite 101A Saint Paul, MN 55104 651.788.9018 | calyxdesigngroup.com LANDSCAPE LAYOUT PLAN 1. See Civil Engineer's plans for site plan layout and dimensions.2. Contractor to coordinate any work in the city right-of-way with City of Eagan Public Works Department.3. See Architect's plans for additional requirements regarding the site plan layout.4. Place a minimum of 4" topsoil or slope dressing on all areas disturbed by construction, including right-of-way boulevards, unless specified otherwise.5. See Civil Engineer's Plans for utility locations.6. See Sheet L3 for Landscape Notes and Details.7. Existing site irrigation to be evaluated by landscape contractor. Proposed irrigation plan to be design-build by landscape contractor.8. Protect existing trees to remain during construction.General Notes:SHRUBSCODEBOTANICAL NAMECOMMON NAMESIZECONTAINERQTYDLDiervilla loniceraDwarf Bush Honeysuckle5 gal.Pot15VAViburnum trilobum `Compactum`Compact American Cranberry Viburnum5 gal.Pot7ANNUALS/PERENNIALSCODEBOTANICAL NAMECOMMON NAMESIZECONTAINERQTYApAstilbe x arendsii `Burgunderrot`Burgundy Red False Spirea1 gal.Pot16GROUND COVERSCODEBOTANICAL NAMECOMMON NAMESIZECONTAINERSPACINGQTYPAPoa pratensis `Admiral`Kentucky Bluegrasssod1,925 sfPLANT SCHEDULE Agenda Information Memo September 15, 2020, Eagan City Council Meeting CONSENT T. Comprehensive Guide Plan Amendment – MWF Properties (Lofts at Talon Trail) Action To Be Considered: To adopt Findings of Fact, Conclusions & Resolution of Denial of a request for a Comprehensive Guide Plan Amendment to change the land use designation from RC (Retail Commercial) to HD (High Density) upon approximately 1.4 acres generally located north of Diffley Road and west of I-35E. Facts:  At its regular meeting on September 1, 2020, the City Council directed the City Attorney to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the proposal.  The subject site is a vacant commercial retail lot located west of I-35E and north of Diffley Road.  The Comprehensive Guide Plan Amendment proposal considered was to change the land use designation from RC, Retail Commercial, to HD, High Density residential.  The City Council summarized their reasons for denial. 60-Day Agency Action Deadline: N/A Attachments: (2) CT-1 Draft Findings of Fact, Conclusions & Resolution of Denial CT-2 Draft September 1, 2020 City Council Meeting Minutes 1 BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA _________________________________ In Re: Application For Approval Of Comprehensive Guide Plan Amendment For Lot 2, Block 1, Blackhawk Plaza FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION FOR DENIAL _________________________________ This matter came before the Eagan City Council (“Council”) at its meeting of September 1, 2020. The Council received and considered the August 25, 2020 Planning Report; input from the City of Eagan (“City”) staff; public comment; and all existing files, records and prior proceedings and material as presented to the Council. Based upon all the files, records and input presented at the meeting, the Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. Eagan’s Comprehensive Plan was prepared in accordance with the requirements of the Metropolitan Land Planning Act (MLPA). The MLPA requires all local governments in the Twin Cities Metropolitan Area to develop comprehensive plans. By Statute, plans must include specific components which are consistent with the Metropolitan Council’s Regional Development Framework. Plans are subject to review by the Metropolitan Council to ensure consistency with the regional system plans and other adopted plans of the Metropolitan Council. Each city’s comprehensive plan is also reviewed for compatibility with the comprehensive plans of adjacent jurisdictions. 2. MWF Properties (the "Applicant") submitted an application for approval of a Comprehensive Guide Plan Amendment (“Proposed Amendment”) requesting a change in the Land Use designation for Lot 2, Block 1, Blackhawk Plaza (“Property”) from Retail Commercial (RC), to High Density Residential (HD), 3. The City of Eagan’s 2040 Comprehensive Plan, adopted in May of this year, designates the Property as (RC) Retail Commercial. 2 4. The Property, which was platted as a commercial retail lot, consists of 1.4 acres of land located north of Diffley Road and west of I-35E. 5. The access to the Property is solely provided by private streets. 6. A Comprehensive Guide Plan Amendment to High Density (HD) would allow for a density of greater than twelve units per acre. 7. Applicant’s objective is to construct a three-story, 48-unit apartment building, which would equate to 34.5 units per acre. 8. The subject Property is zoned Neighborhood Business (NB) and is undeveloped. 9. City Code Chapter 11, Section 11.60 Subd. 11(A) states that NB zoning districts are small business areas generally located adjacent to or near residential neighborhoods that are intended to provide daily retail goods and services. 10. Amending the Comprehensive Guide Plan would subsequently require the City to rezone the Property to a zoning district consistent with high density residential housing. 11. The Property is surrounded by medium density housing to the north and east, and neighborhood business to the south and west. 12. Residents opposed the Proposed Amendment for varying reasons, e.g.: height requirements, quality of life, overly dense resident population on 1.4 acres, property values, and residents’ reasonable expectancy that the Property would be developed into neighborhood business(es) as currently zoned. CONCLUSIONS 1. This matter is properly brought before the Eagan City Council. 2. The Proposed Amendment seeks to alter the current commercial designation of the Property to allow high density residential. 3. A change to permit multi-story residential building on the Property would be inconsistent with the character of the surrounding neighborhood. 3 4. The size of the Property is too small to accommodate a multi-story building with a density of over twelve units per acre. 5. The Applicant has not provided a compelling reason to amend the 2040 Comprehensive Guide Plan. 6. There is insufficient basis to justify amending the classification of the Property from Residential Commercial (RC) to High Density (HD) residential. 7. The Proposed Amendment as submitted before the Eagan City Council is inconsistent with definite and objective requirements contained in the City’s Comprehensive Guide Plan and would adversely affect the general welfare of the surrounding area of the Property. RESOLUTION Upon motion duly made, seconded, and unanimously carried, the City Council of the City of Eagan does hereby resolve that the Applicant's request for approval of a Comprehensive Guide Plan Amendment from Retail Commercial (RC), to High Density Residential (HD) upon 1.4 acres located at north of Diffley Road and west of I-35E to allow construction of a three-story, 48-unit apartment building, is hereby DENIED. Dated at Eagan, Minnesota this 15th day of September 2020. CITY OF EAGAN _______________________________ By: Mike Maguire Its: Mayor _______________________________ By: Christina Scipioni Its: City Clerk City Council Meeting Minutes  September 1, 2020  7 page   Comprehensive Guide Plan Amendment – Lofts at Talon Trail / Chris Stokka, MWF Properties –  A Comprehensive Guide Plan Amendment from Retail Commercial (RC) to High Density Residential  (HD) located on Lot 2, Block 1, Blackhawk Plaza    City Administrator Osberg introduced the item noting the applicant is requesting a change in the land  use designation from RC (Retail Commercial) to HD (High Density) for approximately 1.4 acres.  The  official action for consideration is to direct staff to submit to the Metropolitan Council a Comprehensive  Guide Plan Amendment to change the land use designation from RC (Retail Commercial) to HD (High  Density) upon approximately 1.4 acres.     City Planner Schultz gave a staff report and provided a site map.    Chris Stokka, MWF Properties, gave a presentation providing an overview of the proposed development  and was available for questions.    Mayor Maguire open the public comment.      The following residents addressed the Council noting their concerns and opposition to the proposed  development: Diana Marcus, 2211 White Water Way, Max Kantor, 1748 Talon Trail, Steve Ruta, 1752  Talon Trail, Noreen Ruta, 1752 Talon Trail, presented a petition to the Council, Merabi Pruidze, 1732  Talon Trail, and Bill Wiebke, 4120 Raptor Road.    Mr. Stokka responded to their concerns.    There being no more comment, Mayor Maguire turned the discussion back to the Council.    The Council discussed the request.  The majority of the Council were not supportive of the proposed  land use change due to concerns that the proposed use and residential density was not compatible with  surrounding land uses.    Councilmember Bakken moved, Councilmember Tilley seconded a motion to direct staff to prepare  Findings of Fact for Denial of submitting to the Metropolitan Council a Comprehensive Guide Plan  Amendment to change the land use designation from RC (Retail Commercial) to HD (High Density) upon  approximately 1.4 acres generally located north of Diffley Road and west of I‐35E.  Aye: 5  Nay: 0 (Roll  Call)    Certification of Preliminary 2021 General Fund Budget and Property Tax Levy,  And Setting of Public Meeting Date on which the Budget and Levy will be Discussed    City Administrator Osberg introduced the item noting the Council reviewed the 2021 General Fund  budget at the August 12, 2020 Council workshop. The 2021 General Fund budget presented at the  workshop represents a 4.1% or a $1,776,500 increase over 2020.     Finance Director Pepper was available for questions.    Mayor Maguire opened the public comment.  There being no public comment, he turned the discussion  back to the Council.    Agenda Memo September 15, 2020, Eagan City Council Meeting CONSENT AGENDA U. Approve CARES grant agreement subject to approval by the City Administrator and City Attorney and authorize City Administrator to execute grant agreements Action To Be Considered: Approve CARES grant agreement subject to approval by the City Administrator and City Attorney and authorize City Administrator to execute grant agreements Facts:  At the August 18, 2020 regular meeting, the City Council approved a resolution of support for City participation in the Dakota County Small Business Relief Grant Program.  The City designated $500,000 of Eagan CARES funds to provide grants to Eagan businesses that were not selected to receive grants through the County program.  Dakota County received 237 eligible applications for the Small Business Relief Grant Program, and using both Dakota County and City CARES funds, the County expects that all 237 applications will receive grant awards.  The CDA and its consultant are beginning to process grant awards and have asked participating municipalities to approve the grant agreement and authorize execution by staff.  September 8, 2020 work session meeting, the City Council directed staff to implement a mid-sized business CARES grant program.  The final form of the grant agreement is subject to review and approval by the City Attorney and City Administrator. Attachments: (1) CU-1 Draft Grant Agreement Application Number: _____ 1 GRANT AGREEMENT FOR DAKOTA COUNTY SMALL BUSINESS RELIEF GRANT PROGRAM This Agreement is between the City of Eagan, 3830 Pilot Knob Road, Eagan, Minnesota 55122 (“CITY”) and (GRANTEE’s Name) _____________________________(“GRANTEE”), _________________________________ (GRANTEE’s address). WHEREAS, as part of the Coronavirus Aid, Relief and Economic Security (“CARES”) Act, the Coronavirus Relief Fund (“CRF”) was established to assist States and eligible units of local government to respond to COVID-19; and WHEREAS, one of the eligible uses of CRF dollars is providing grants to small businesses to reimburse the costs of business interruption caused by the COVID-19 pandemic; and WHEREAS, the Eagan City Council(“COUNCIL”) approved the disbursement of a portion of the funds it received under CARES as grants to small businesses for eligible business interruption expenses; and WHEREAS, the Dakota County Community Development Agency (“CDA”) is managing the grant administration in accordance with an agreement between the CDA and CITY. WHEREAS, the CDA has contracted with NEXTSTAGE, a Minnesota non-profit organization, for grant administration services; and WHEREAS, GRANTEE has made an application for a grant award and has been selected for grant funding in accordance with the terms of this Agreement; The CITY and GRANTEE agree as follows: 1. TERM AND AMOUNT OF GRANT GRANTEE shall complete all grant requirements (“Grant Requirements”) commencing upon both parties signing this agreement and expiring six months thereafter or when all requirements of the Agreement have been complete, whichever comes first, unless cancelled or terminated earlier in accordance with the provisions herein. The total amount of this grant is $__________ (“Grant Funds”). 2. GRANT REQUIREMENTS By entering into this Grant Agreement, GRANTEE certifies that it is a for-profit business organized under the laws of Minnesota with a physical establishment located within the 2 boundaries of the City of Eagan and that as of March 1, 2020, all of the following are true and correct: • GRANTEE had no more than 50 full-time (or equivalent) employees; and • GRANTEE was and still is majority owned by a permanent resident of Minnesota. GRANTEE acknowledges that the source of funds for this Grant Agreement is from the CRF provided to the CITY and approved for disbursement by the COUNCIL as small business grants to reimburse the costs of business interruption caused by the COVID-19 pandemic. GRANTEE acknowledges that this grant may be subject to federal and state taxes. GRANTEE further certifies that as of the date this Agreement is signed, all of the following are true and correct: • GRANTEE is in good standing and required filings are current with the Minnesota Secretary of State; • GRANTEE is in good standing with the Minnesota Department of Revenue; • GRANTEE is in good standing with Dakota County and the CITY; • GRANTEE is current on property taxes that were ordinarily due and payable on or before May 15, 2020, or on a County-approved payment plan, if applicable; • GRANTEE experienced significant loss in revenue since March 15, 2020, and incurred costs due to COVID-19-related business interruption and required closures; GRANTEE was adversely affected by Executive Orders related to COVID-19 business restrictions and experienced financial hardship as a result of COVID-19; and GRANTEE has not and will not receive COVID-related emergency funds related to its application through the State of Minnesota, including but not limited to funds from either the Small Business Emergency Loan (SBEL) or DEED Small Business Relief Grant Program 3. DOCUMENTATION OF ELIGIBLE COSTS OF BUSINESS INTERRUPTION As part of its application, GRANTEE has provided documentation to demonstrate that the GRANTEE has experienced a business interruption (“Interruption”) due to COVID- 19 and is otherwise eligible to receive the grant funds in accordance with the Grant Requirements stated above. GRANTEE shall provide an itemized and documented list of eligible costs incurred as a result of the Interruption, as more fully described in Attachment A. The undersigned representative of the GRANTEE represents that the undersigned is duly authorized to bind the Grantee to this Agreement and affirms all statements and information that has been submitted or will be submitted to the CITY are true and correct and that the documented costs have not and will not be reimbursed through any other federal, state or local funding source. 3 4. GRANT DISBURSEMENT CITY shall pay Grant Funds directly to GRANTEE within ten (10) business days of a fully executed Grant Agreement and submission of all necessary documentation supporting the eligible costs, and submission of GRANTEE’s W-9 to the CITY. 5. INDEPENDENT CONTRACTOR Nothing is intended nor should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting GRANTEE as the agent, representative, or employee of the CITY for any purpose. GRANTEE is and shall remain an independent contractor under this Agreement. 6. NON-DISCRIMINATION GRANTEE shall not exclude any person from full employment rights nor prohibit participation in or the benefits of any program, service or activity on the grounds of any protected status or class including but not limited to race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is protected by applicable federal or state laws against discrimination shall be subjected to discrimination. 7. INDEMNIFICATION GRANTEE shall defend, indemnify, and hold harmless the CITY, CDA, NEXTSTAGE and their present and former officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, demands for repayment or expenses, including attorney’s fees, resulting directly or indirectly from any fraudulent act or use of Grant Funds by the GRANTEE, a subcontractor, anyone directly or indirectly employed by GRANTEE, and/or anyone for whose acts and/or omissions GRANTEE may be liable in the performance of this Agreement. 8. DATA PRIVACY AND SECURITY In accordance with Minnesota Statute Section 13.599, all applications and their contents are private or nonpublic until the applications are opened. Once the applications are opened, the name and address of each applicant and the amount requested is public. All other data in an application is private or nonpublic data until completion of the evaluation process, which is defined by statute as when the CITY has completed negotiating the grant agreement with the selected applicant. After the CITY has completed the evaluation process, all remaining data in the applications is public with the exception of trade secret data as defined and classified in Minn. Stat. § 13.37, subd. 1(b). A statement by an applicant that the application is copyrighted or otherwise protected does not prevent public access to the application or its contents. (Minn. Stat. § 13.599, subd. 3(a)). 4 If an applicant submits any information in an application that it believes to be trade secret information, as defined by Minnesota Statute Section 13.37, the applicant must: • Clearly mark all trade secret materials in its application at the time it is submitted, • Include a statement attached to its application justifying the trade secret designation for each item, and • Defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless CITY, its agents and employees, from any judgments or damages awarded against CITY in favor of the party requesting the materials, and any and all costs connected with that defense. • This indemnification survives CITY’s award of a grant agreement. In submitting an application in response to this RFP, the applicant agrees that this indemnification survives as long as the trade secret materials are in possession of CITY. The CITY will not consider the prices submitted by the responder to be proprietary or trade secret materials. CITY reserves the right to reject a claim that any particular information in an application is trade secret information if it determines the applicant has not met the burden of establishing that the information constitutes a trade secret. CITY will not consider the budgets submitted by applicants to be proprietary or trade secret materials. Use of generic trade secret language encompassing substantial portions of the application or simple assertions of trade secret without substantial explanation of the basis for that designation will be insufficient to warrant a trade secret designation. If a grant is awarded to an applicant, CITY may use or disclose the trade secret data to the extent provided by law. Any decision by the CITY to disclose information determined to be trade secret information will be made consistent with the Minnesota Government Data Practices Act (Minnesota Statutes chapter 13) and other relevant laws and regulations. If certain information is found to constitute trade secret information, the remainder of the application will become public; in the event a data request is received for application information, only the trade secret data will be removed and remain nonpublic. 9. RECORDS – AVAILABILITY/ACCESS AND RIGHT TO AUDIT Subject to the requirements of Minnesota Statutes § 16C.05, subd. 5, NEXTSTAGE (Grant Administrator), the CITY, Dakota County, the CDA, the State Auditor, or any of their authorized representatives which may include other independent financial analysts at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to request submission of documentation, examine, audit, excerpt, and transcribe any books, documents, papers, records, or other data, which are pertinent to the accounting practices and procedures of GRANTEE and involve transactions relating to this Agreement. GRANTEE shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation or termination. 5 10. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. GRANTEE shall not assign, transfer or pledge this Agreement whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of the CITY. A consent to assign shall be subject to such conditions and provisions as the CITY may deem necessary, accomplished by execution of a form prepared by the CITY and signed by GRANTEE, and the assignee. Permission to assign, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. B. GRANTEE shall not subcontract this Agreement whether in whole or in part, without the prior written consent of the CITY. 11. MERGER, MODIFICATION AND SEVERABILITY A. The entire Agreement between the parties is contained herein and supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. GRANTEE and/or the CITY are each bound by its own electronic signature(s) on this Agreement, and each agrees and accepts the electronic signature of the other party. B. Any alterations, variations or modifications of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. Except as expressly provided, the substantive legal terms contained in this Agreement including but not limited to Indemnification, Insurance, Merger, Modification and Severability, Default and Cancellation/Termination or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 12. DEFAULT AND CANCELLATION/TERMINATION A. If GRANTEE fails to perform any of the provisions of this Agreement including providing false, misleading or incomplete information in documents submitted to the CITY or documented in Attachment A, fails to use Grant Funds exclusively for costs included in Exhibit A or uses other sources of federal funds for costs included in Exhibit A, the performance of the Agreement or otherwise breaches or fails to comply with any of the terms of this Agreement, it shall be in default. 6 Unless GRANTEE’s default is excused in writing by the CITY, the CITY may upon written notice immediately cancel or terminate this Agreement in its entirety and may demand repayment in full of the Grant Funds. Additionally, failure to comply with the terms of this Agreement shall be just cause for the CITY to delay payment until GRANTEE’s compliance. In the event of a decision to withhold payment, the CITY shall furnish prior written notice to GRANTEE. B. Notwithstanding any provision of this Agreement to the contrary, GRANTEE shall remain liable to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by GRANTEE. Upon notice to GRANTEE of the claimed breach and the amount of the claimed damage, the CITY may withhold any payments to GRANTEE for the purpose of set-off until such time as the exact amount of damages due the CITY from GRANTEE is determined. Following notice from the CITY, CDA or NEXTSTAGE of the claimed breach and damage, GRANTEE and the CITY shall attempt to resolve the dispute in good faith. C. The above remedies shall be in addition to any other right or remedy available to the CITY under this Agreement, law, statute, rule, and/or equity. D. The CITY’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. E. If this Agreement expires or is cancelled or terminated, with or without cause, by either party, at any time, GRANTEE shall not be entitled to any payment, fees or other monies. F. Upon written notice, the CITY may immediately suspend or cancel/terminate this Agreement in the event any of the following occur: (i) the CITY does not obtain anticipated funding from the federal government for this project; (ii) funding for this project from an the federal government is withdrawn, frozen, shut down, is otherwise made unavailable or the CITY loses the outside funding for any other reason. 13. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: SERVICES TO BE PROVIDED; GRANT REQUIREMENTS; INDEPENDENT CONTRACTOR; INDEMNIFICATION; DUTY TO NOTIFY; DATA PRIVACY AND SECURITY; RECORDS- AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS. 7 14. GRANT ADMINISTRATION The CDA is managing the grant administration in accordance with the agreement between the CDA and CITY. The CDA has contracted with NEXTSTAGE for grant administration services. NEXTSTAGE will serve as liaison between the CDA, CITY, and GRANTEE. _____________________________________________________ shall manage the agreement on behalf of GRANTEE. GRANTEE may replace such person but shall immediately give written notice to the CITY of the name, phone number and email address of such substitute person and of any other subsequent substitute person. 15. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. GRANTEE shall comply with all applicable federal, state and local statutes, funding sources, regulations, rules and ordinances currently in force or later enacted. B. GRANTEE certifies that it is not prohibited from doing business with either the federal government or the state of Minnesota as a result of debarment or suspension proceedings. C. Because the source or partial source of funds for payment under this Agreement is from federal or state monies or from a federal, state or other grant source, GRANTEE is bound by and shall comply with applicable law, rules, regulations, applicable documentation or other directives relating to the source and utilization of such funds including but not limited to applying for Grant Funds that have been or will be reimbursed under any federal, county, city or state program. 16. NOTICES Unless the parties otherwise agree in writing, any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing and shall be sent registered or certified mail. Notices to the CITY shall be sent to the Director of Community Development at the address given in the opening paragraph of this Agreement. Notice to GRANTEE shall be sent to the address stated in the opening paragraph of this Agreement. 17. CONFLICT OF INTEREST GRANTEE affirms that to the best of GRANTEE’s knowledge, GRANTEE’s involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. Should any conflict or potential conflict of interest become known to GRANTEE, GRANTEE shall immediately notify the COUNTY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and advise the CITY whether GRANTEE will or will not resign from the other engagement or representation. Unless 8 waived by the CITY, a conflict or potential conflict may, in the CITY’s discretion, be cause for cancellation or termination of this Agreement. 18. MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Dakota, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the state of Minnesota. [Signature page follows] 9 I hereby agree to the terms outlined in the Agreement. CITY: City of Eagan By: Its City Administrator Date: GRANTEE: GRANTEE Name By: Owner’s Name Its Date: Agenda Information Memo September 15, 2020, Eagan City Council Meeting CONSENT V. Adopt Resolution electing to participate in the Local Housing Incentive Account Program under the Metropolitan Livable Communities Act for calendar years 2021 through 2030 Action To Be Considered: To Adopt a Resolution electing to participate in the Local Housing Incentive Account Program under the Metropolitan Livable Communities Act and agree to affordable and life- cycle housing goals for calendar years 2021 through 2030. Required Vote For Approval:  Majority of Councilmembers present Facts:  Metropolitan area municipalities are being asked to renew their participation in the Local Housing Incentives Program established under the Livable Communities Act (Minnesota Statutes sections 473.25 to 473.255) for calendar years 2021 through 2030.  This program allows participating municipalities to be eligible for grants and loans under the Metropolitan Livable Communities Fund administered by the Metropolitan Council and site cleanup funds through the Department of Employment and Economic Development (DEED).  To participate, the municipality must adopt by Resolution, new negotiated affordable and life-cycle housing goals established for each municipality that are consistent with Metropolitan Council policies. The goals are determined by a methodology consistent across communities and cover the 10-year planning cycle.  The program began in 1995, and the City participated for the years 1995 – 1997. The City Council chose not to participate in the program in years 1998 – 2003. The City has been participating in the program since 2004. The methodology used to determine affordable housing goals has changed over the years.  For the 2021 – 2030 period, the affordable housing goals are based on a percentage of the determined regional need. The high end of the affordable housing goal range is the regional need allocated to Eagan. The low end of the range represents 55% of the need and is weighted toward actual regional funding estimated to be available during the period.  Life-cycle goals are intended to ensure communities are allowing for a variety of housing through a mix of densities within their residential land. The goal is set by multiplying multi-family land expected to develop by between 2021 and 2030 by the median density of that land.  The 2021-2030 housing goals that are expected to be adopted by the City of Eagan are shown in the table below along with a comparison of the 2011-2020 adopted goals. The methodologies used to determine goals were adjusted for the 2021-2030 decade, in part, from feedback received from municipalities to establish more realistic numbers: City of Eagan 2011-2020 and 2021-2030 Affordable and Life-cycle Housing Goals Decade Affordable Housing Goal Progress Towards Goal Life-cycle Housing Goal Progress Towards Goal 2011-2020 619-884 145 1 880-2,085 1,748 2 2021-2030 290-527 278 3 1,323 972 4 1 Includes Lakeshore Townhomes, Riverview Ridge Townhomes, Northwoods Family Townhomes, and Lincoln Place. 2 Includes all multifamily, senior, and attached townhome residential units. 3 Includes Lexington Flats, Nicols Apartments, and Nicols Pointe. 4 Includes the Preserve of Eagan (Rowan), Viking Lakes Phase I residential, the Gallery of Eagan, Ballantrae, and approved affordable multifamily developments. 5 Units are “counted” in the year in which they are occupied. For the decade 2021- 2030, progress towards goal includes units that are approved but not yet constructed.  Additionally, each municipality is required to submit a Housing Action Plan to the Metropolitan Council that identifies the actions it plans to take to meet its established goals; and, that it has or will spend the required Affordable and Life- Cycle Housing Opportunities Amount (ALHOA) for each year the municipality participates in the Local Housing Incentives Account Program.  The ALOHA amount for Eagan in 2021 is $314,739. This is satisfied yearly by the amount levied in Eagan by the Dakota County CDA.  Municipalities must adopt their housing goals by November 15, 2020 to be eligible to apply for Livable Communities and DEED funding in the following year. Attachments: (1) CV-1 Resolution Electing to Participate in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act RESOLUTION NO. RESOLUTION ELECTING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEARS 2021 THROUGH 2030 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes sections 473.25 to 473.255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, the Local Housing Incentive Account and the Inclusionary Housing Account, is intended to provide certain funding and other assistance to metropolitan-area municipalities; and WHEREAS, a metropolitan-area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Employment and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires that each municipality establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, a metropolitan-area municipality can participate in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Program; (b) the Metropolitan Council and the municipality successfully negotiate new affordable and life-cycle housing goals for the municipality; (c) the Metropolitan Council adopts by resolution the new negotiated affordable and life-cycle housing goals for the municipality; and (d) the municipality establishes it has spent or will spend or distribute to the Local Housing Incentives Account the required Affordable and Life-Cycle Housing Opportunities Amount (ALHOA) for each year the municipality participates in the Local Housing Incentives Account Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EAGAN, MINNNESOTA, that the City of Eagan, Minnesota: 1. Elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act for calendar years 2021 through 2030. 2. Agrees to the following affordable and life-cycle housing goals for calendar years 2021 through 2030: Affordable Housing Goals Range Life-Cycle Housing Goal 290-527 1,323 3. Will prepare and submit to the Metropolitan Council a plan identifying the actions it plans to take to meet its established housing goals. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Mike Maguire, Mayor and Christina M. Scipioni, City Clerk, City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Eagan City Council in a regular meeting thereof assembled this ___ day of September 2020. ______________________________ Mike Maguire, Mayor ______________________________ Christina M. Scipioni, City Clerk Agenda Information Memo  September 15, 2020, Eagan City Council Meeting      CONSENT AGENDA    W. Approve a resolution appointing absentee ballot board judges for the  November 3, 2020 General Election    Action To Be Considered:    To approve a resolution appointing absentee ballot board judges and designating them  as deputy city clerks for the purpose of administering the November 3, 2020 General  Election    Facts:     The City of Eagan has been delegated by Dakota County to issue, accept/reject  and count absentee ballots from Eagan voters.   To carry out the absentee balloting function, the City must appoint an absentee  ballot board. Consistent with past elections, the absentee ballot board consists  of City staff and election judges. Absentee ballot board judges receive training in  absentee ballot processing.   The proposed resolution appoints the absentee ballot board members as deputy  city clerks for the purpose of administering the election. Deputy city clerks are  authorized under State Statute to serve on an absentee ballot board and to serve  as witnesses for voters who vote absentee at City Hall.    Attachments:  (1)    CW‐1 Resolution  RESOLUTION NO. _______ CITY OF EAGAN DESIGNATING DEPUTY CITY CLERKS TO SERVE ON THE ABSENTEE BALLOT BOARD WHERAS, Minn. Stat. 203B.05 allows counties to designate municipalities to administer absentee balloting; and WHEREAS, Dakota County has designated the City of Eagan to administer absentee ballots for Eagan voters; and WHEREAS, Minn. Stat. 203B.121 requires the City to establish an absentee ballot board, which is responsible for accepting and rejecting all returned absentee ballots; and WHEREAS, Eagan City Code Chapter 2.73 establishes an absentee ballot board in the City of Eagan; and WHEREAS, Minn. Stat. 203B.121 allows deputy city clerks trained in the processing of absentee ballots to serve on the absentee ballot board; NOW, THEREFORE, BE IT RESOLVED, pursuant to the requirements in Minn. Stat. 203B.121, the following people are hereby designated as deputy city clerks for the purposes of serving on the absentee ballot board and administering the November 3, 2020 General Election: Melissa Timm, Cheryl Stevenson, Mary Duevel, Anita Oakman, Chemiere Verhey, Darla Agard, Barb Andersen, Peter Antonelli, Nancy Arata, Gloria Arneberg, Ava Athmann, Lizzette Banini, Catherine Bartholet , Anne Bates-Edwards, Jennifer Battan, Kimberly Becker, Barbara Behnke, Jenna Blakeborough, Elijah Boateng, Adrienne Bond, Sarah Borissova, Michael Broeker, Kent Brost, Sharon Brown, Beth Burnett, Peter Butler, Jennifer Carolan, Joaquin Castillo Gutierrez, Robin Cerio, Jorge Chavez-Mena, Amanda Chial, Matt Clancy, Alissa Clark, Carly Cliff, Arieh Cohen, Staci Conocchioli, Emma Cooperstein, Nicole Cornale, Leonard Covey, Kim Craven, Denise Cushig, Betsy Daly, Mara Davenport, Diane Davis, Melissa Dean, Jennie Deziel, Nicole Deziel, Joseph Dierkes, Claire Dolney, Brenda Donkers, Brian Dunfee, Elizabeth Edwards, Melissa Elumba, James Elwell, Ruth Erdmann, Mindy Eschedor, Darren Evenson, Jonathan Falconer, Joni Fenner, Troi Ferguson, Kathleen Finigan, Megan Flanagan, Kelly Forney Kenley, Patty Fosler, Karen Foster, Joyce Froelich, Charles Ganzhorn, Michelle Garay, Theresa Gates, Laura Gerbi, Laura Ghilani, Johanna Giesen Fierst, Byron Gilman, Hugh Gitlin, Edward Godfrey, Leah Goldstein Moses, Sheryl Graham, Leo Granos, Laura Grimes, John Gustin, Kevin Gutknecht, Sherri Hakes, Robin Hamand, Patricia Hamling, Paul Hamling, Derek Hansell, Christine Hansen, Megan Hasenwinkel, Steve Hayes, Hope Hedtke, Faye Heffele, Dagny Heimisdottir, Sara Heitkamp, Anita Hoium, RJ Holmes-Leopold, Marcia Holt, Donna Homan, Carol Horsman, Britany Howell, Renee Iwen, Karen Jackson, Nancy Jendro, Patricia Jensen, Richard Johnson, Tyler Johnson, Robert Johnson, Robin Jones, Rachael Jost, Amy Kainz, Myron Kasch, Gregory Kelly, Saniya Khan, Rachel King, Kathleen Kinney, Betty-Ann Kleinschmidt, Barrie Kletscher, Kathleen Kletscher, Bradley Knauf, Rhonda Koele, Kammy Kramer, Kathleen Kuckler, Adam Kutz, Jeanone Lange, Mary Lanners, Jane Lawrence, Robert Lawrence, Robert Lawrence, Carolyn Lemke, Esther Lenartz, Laurie Light, Joanne Lindahl, Marian Luft, Beia Luna Lynch, Robert Lyng, Alexander Mack, Charles Maron, Gregory Martineau, Michael Martinez, Joseph Mathews, Christine Mazon-Stai, Doreen McKenney, Joni McLean, Janice McManimon, David Medernach, Sona Mehring, Mary Mellenbruch, Cherryl Mesko, Sabina Miller, Sharon Miller, Susan Miller, Brita Moore, Jason Murphy, Diane Murray, Rosemarie Ndupuechi, James Neagbour, Nicki Nee, Meron Negussie, Bob Newman, Jim Nichols, Ann Niebuhr, Sandy Novitzki, Erik Olson, Jill Olson, Anita Pagey, Hanisa Pasupuleti, Judy Peterson, Rebecca Peterson, William Peterson, Renee Plante, Nancy Poechmann, Christine Post, Kevin Post, Judy Preble, Sheila Radtke, Theresa Ramirez, Kara Reardon, Lauren Rekonen Presnell, Joseph Rider, Andrew Ries, Kathryn Roske, Charles Rostance, Sarah Rostance, Rebecca Ruddy, Margaret Ryan, Suzanne Rysavy, Catherine Schallenberg, Stephanie Schmidt, Thomas Schmidt, Michael Schmit, Jordan Schuetzle, Shirley Schwanz, Sandra Scott, Ann Selva, Jody Severson, Mary Sheehy, Tate Sheppard, Margarita Shkurko, Evan Silverglate, Anne Sorenson, Angela Steenberg, Steven Stemig, Cheryl Stodolka, Kelci Stones, David Sturm, Charles Tebow, Maurine Tebow, John Tessmer, Thomas Theurer, Cyndia Thimsen, Thomas Thompson, Peter Thoreen, Charles Thorkildson, Anna Todd, Lori Tripp, Bianca Turman, Shannon Valiga, Greg Volk, Jacob Vorderbruggen, Elizabeth Wahlstedt, Haley Waller Pitts, Patrice Walsh, Tamara Ward, Medina Warren, Eric Werner, Joan Wetterling, Kelly Wheaton, Carol White, Ashley Wicklund, Malinda Wiehle, Lori Williams, Linda Williams-Brettingen, Jeffrey Winstead, Sherry Wood, Karen Worke, Sara Yaeger, Al Yetzer, Rachael Youngren. NOW THEREFORE BE IT FURTHER RESOLVED that additional deputy city clerks may be designated by the city clerk if it is determined additional absentee ballot board judges will be required. CITY OF EAGAN CITY COUNCIL By: _________________________ Its Mayor Attest: _______________________ Its Clerk Motion by: Seconded by: Those in favor: Those against: Date: September 15, 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 15th day of September, 2020. ____________________________ City Clerk Agenda Information Memo  September 15, 2020, Eagan City Council Meeting  CONSENT AGENDA  X.Approve a resolution to accept donations from Wal‐Mart, Eagan Hockey Association, Sandy O’Keefe and Thomson Reuters Action To Be Considered:  To approve a resolution to accept donations from Wal‐Mart, Eagan Hockey Association,  Sandy O’Keefe and Thomson Reuters.  Facts:  State Statute requires the Mayor and City Council to accept donations to the City via a resolution. The City has received the following donations: o $1,000 from Wal‐Mart for the Shop with a Cop program o 4 Shooter Tutors and one rebounder for the Civic Arena from the Eagan Hockey Association o $550 from Sally O’Keefe for a memorial bench in Carlson Lake Park o $57.70 from Thomson Reuters for the Eagan Fire Department Attachments:  (1)  CX‐1 Resolution  RESOLUTION NO. _______ CITY OF EAGAN Accept Donations from Wal-Mart, Eagan Hockey Association, Sandy O’Keefe and Thomson Reuters WHERAS, the City of Eagan is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefits of its citizens, and is specifically authorized to accept gifts; and WHEREAS, the following entities have offered to contribute the following donations set forth below to the City: Name of Donor Donation Wal-Mart $1,000 for the Shop with a Cop program Eagan Hockey Association 4 Shooter Tutors and one rebounder Sally O’Keefe $550 for a memorial bench in Carlson Lake Park Thomson Reuters $57.70 for the Eagan Fire Department WHEREAS, the donations have been contributed to the City for the benefit of its citizens, as allowed by law; and WHEREAS, the City Council finds that it is appropriate to accept the donations offered. NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby accepts the donations described above. CITY OF EAGAN CITY COUNCIL By: _________________________ Its Mayor Attest: _______________________ Its Clerk Motion by: Seconded by: Those in favor: Those against: Date: September 15, 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 15th day of September, 2020. ____________________________ City Clerk Agenda Information Memo  September 15, 2020, Eagan City Council Meeting  CONSENT AGENDA  Y.Approve Resolution and Grant Agreement with Dakota County for CARES Act funding for elections operations Action To Be Considered:  To approve a resolution and Grant Agreement with Dakota County for CARED Act  funding for elections operations.  Facts:  The Office of the Secretary of State received funding through the 2020 CARES Act “to prevent, prepare for, and respond to coronavirus, domestically or internationally, for the 2020 Federal election cycle.” Minnesota Laws 2020, Chapter 77, authorized the use of these funds, including allowing for distributing these funds to local governments for use consistent with the state and federal requirements. Dakota County received an allocation of the CARES Act funding and they are now distributing to cities and townships using a default allocation formula.  Eagan's default allocation amount is $27,764.93, which requires a local 20% funding match of $5,552.97. The City has already incurred COVID‐related election expenses that would satisfy the required 20% match of local funds. State law outlines the categories for which the funds can be used, such as: 1.Ensuring the health and safety of election officials and in‐person voters, including the purchase of sanitation and disinfectant supplies; 2.Public outreach and preparations for implementing social distancing guidelines related to voting, including additional signs and staff; 3.Facilitation, support, and preparation for increased absentee voting, including voter education materials, printing, and postage; 4.Preparation of training materials and administration of additional training of local election officials; and 5.Preparation of new polling place locations. Attachments:  (2)  CY‐1 ResolutionCY-2 Grant Agreement  CITY OF EAGAN RESOLUTION NO. 20-___ RESOLUTION APPROVING 2020 CARES ACT GRANT COUNTY-MUNICIPALITY AGREEMENT FOR COVID-19 RELATED ELECTION EXPENSES WHEREAS, the City of Eagan has identified increased election expenses related to the COVID-19 health pandemic; and WHEREAS, Dakota County has received a 2020 CARES Act grant for increased election expenses; and WHEREAS, Dakota County has proposed to allocate default grant amounts to cities to help defray increased elections expenses through a County-Municipality Agreement; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Dakota County, Minnesota, hereby selects the default funds allocation between the county and the municipality. The sum of $27,764.93 will be provided by the county to the municipality under the CARES Act grant to which the county is the Grantee, and the municipality acknowledges that it is subject to the provisions of paragraphs 1 through 5, 7 through 11 and 13 through 15 of the 2020 CARES Act Grant Agreement as if it were the Grantee. BE IT FURTHER RESOLVED the City of Eagan approves the 2020 CARES Act Grant County-Municipality Agreement subject to review and approval by the City Administrator and City Attorney; and that the City Administrator is hereby authorized to execute such agreement and any amendments as are necessary to receive and use the funding for the 2020 elections. PASSED this 15th day of September, 2020. Mike Maguire, Mayor ATTEST: _____________________________________ Christina M. Scipioni, City Clerk 1 STATE OF MINNESOTA 2020 CARES ACT GRANT COUNTY - MUNICIPALITYAGREEMENT This Agreement (hereinafter “Agreement”) is made between Dakota County, Minnesota ("Grantee"), and the City of Eagan, Minnesota (“Municipality”) Recitals 1 Under Minnesota Laws 2020, Chapter 77, section 4, Grantee applied for and received funds as requested in the grant application. Grantee entered into a Grant Agreement, which is attached as Exhibit A and incorporated into this Agreement as described in paragraph 1.3 below. 2 Grantee represented that it is duly qualified and agreed to perform all services described in that Agreement to the satisfaction of the State and in accordance with all federal and state laws authorizing these expenditures. Pursuant to Minn.Stat.§16B.98, Subd.1, Grantee and Municipality agree to minimize administrative costs as a condition of this grant. 3 Federal funds for this agreement are provided pursuant to the Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136, hereinafter the CARES Act. 4. Grantee is responsible for elections within its county and Municipality operates polling places within its jurisdiction. Both are in need of funds to take the necessary steps to respond to coronavirus, domestically or internationally, for the 2020 election cycle.in a complete manner. 5. Municipality represents that it has insufficient resources to respond in a complete manner without the grant amount provided pursuant to this agreement. Agreement 1 Effectiveness of Agreement 1.1 Effective date: September 15, 2020, or the date all required signatures, have been affixed to the agreement by Grantee and Municipality, whichever is later. No payments will be made to Grantee until this Agreement is fully approved and executed. 1.2 Expiration date: December 31, 2020, or when all funds applied for and provided to Municipality by Grantee have been expended, or returned to Grantee for transmission to the State pursuant to paragraph 4.4 of the Agreement between Grantee and State, whichever occurs first. 1.3 Application of Terms. Municipality agrees to be subject to the obligations applicable to Grantee in the Grant Agreement set forth in Exhibit A in the following paragraphs of that Agreement: paragraphs 1 through 5; 7 through 11; and 13 through 16. 2 Municipality’s Duties Municipality is hereby awarded $$27,764.93 from the funds provided by State to Grantee in the Grant Agreement set forth in Exhibit A, and will expend, no later than November 10, 2020, the funds only for the federal and state purposes, in preparations for and the necessary events connected with the primary election to be held August 11, 2020 and the general election to be held November 3, 2020, at which federal offices are on the ballot, and will return all unspent grant funds to Grantee, as described in the Grant Application submitted by Grantee, which is attached as Exhibit B and incorporated into this Agreement, by December 15, 2020. Grantee shall submit, by November 10, 2020, a financial reporting form to the Grantee in the form Grantee must use to report grant expenditures to the State of Minnesota, stating the amount spent from this grant in calendar year 2020 for authorized expenses or electronic roster systems, a description of each expense or purchase, and how much of the grant award is unexpended and is being returned, if any, and the total of the proportionate match required by Minnesota Laws 2020, Chapter 77, section 4. 2 3. Authorized Representative Grantee’s Authorized Representative is Andy Lokken, Elections Director, 1590 Highway 55, Hastings, MN 55033, 651-438-4314, andy.lokken@co.dakota.mn.us. Municipality’s Authorized Representative is Christina M. Scipioni, City Clerk/Administrative Coordinator, 3830 Pilot Knob Road, Eagan, MN 55122, 651-675-5034, cmscipioni@cityofeagan.com. Grant payment will be made to: City of Eagan Federal ID Number: 41-0847612 If either Authorized Representative changes at any time before the funds provided for in this Agreement are fully expended, parties must notify each other of the change. GRANTEE (County) Grantee certifies that the appropriate person(s) have executed the Agreement on behalf of Grantee as required by applicable resolutions or ordinances. By: ____________________________________________ Signed: _____________________________________________ Title: ____________________________________________________ Date: _______________________________________________ MUNICIPALITY Jurisdiction: ________________________________________ By: ________________________________________________ Title: Mayor Date: September 15, 2020 By: ________________________________________________ Title: City Clerk Date: September 15, 2020 Distribution: Grantee Municipality Exhibit A Agenda Information Memo September 15, 2020, Eagan City Council Meeting CONSENT AGENDA Z. Approve senior citizen special assessment deferment application for Parcel 10-72961-02-080 Action to be Considered:  To approve an application for a senior citizen deferment of special assessments for Parcel 10-72961-02-080. Facts:  Section 2.75 of the Eagan City Code allows for deferment of special assessments for senior citizens, subject to certain income limitations on the applicant.  The property owner at 4428 Summer Court has applied to the City for a deferment of the assessed delinquent utilities account balance of $153.12.  Interest on the deferred assessment will accrue at 3.0% from September 1, 2020, the date the assessment roll was adopted.  Staff has reviewed the application and determined that the property owner has met eligibility requirements. Attachments: (0) Agenda Information Memo September 15, 2020 Eagan City Council Meeting CONSENT AGENDA AA. Water Meter Replacement/Repair Program Surcharge Appeals Action To Be Considered: Approve Water Meter Replacement/Repair (R/R) Program (City Code 3.05) surcharge appeals. Facts: ➢On May 15, 2012, the City Council adopted an amendment to City Ordinance 3.05 regarding the Rules and Regulations relating to Municipal Utilities that requires all properties connected to the municipal water utility to permit the city's designated utility employee onto the property and within the structure for purposes of the inspection, repair or replacement of the water meter. This action, in essence, implemented the Water Meter Replacement/Repair (R/R) Program to ensure accurate water use measurement and payment. ➢Part of the amendment, and accordingly the Water Meter R/R Program, incorporated a fee schedule that provided for a surcharge to be placed against utility billing accounts for those properties that either didn't schedule an inspection or did not bring the identified deficiency into compliance within the prescribed time frame. ➢The Surcharge Fee is $150 per month for Single Family properties and $500 per month for all others. ➢In anticipation of appeals, the Council directed the Public Works Committee to review any appeals and provide their recommendations back to the Council under the Consent Agenda. Staff has received requests from the following property owners who want to appeal a related surcharge. A Public Works Committee meeting scheduled for April 7, 2020, was cancelled due to consequences of the COVID -19 pandemic. Due to the delay in the ability to consider said appeals, the City Attorney has indicated direct consideration by the City Council would be appropriate. Council approval of the appeals would waive the associated surcharges. ➢The following surcharge appeals are being presented for Council action. The properties have been found to be in compliance with City Code regarding the Water Meter R/R Program. o Nigatu Tadesse, 4313 Sequoia Drive: Water Meter Program – Remove $150 surcharge (utility account) o Derek Vonnahme, 1704 Hickory Hill: Water Meter Program – Remove $150 surcharge (utility account) o loan Truong, 4555 Scott Trail: Water Meter Program – Remove $150 surcharge (utility account) o Jason and Samantha Bassett, 4671 Ridge Cliff Drive: Water Meter Program – Remove $150 surcharge (utility account) o Josh Durst, 1721 Woodgate Lane: Water Meter Program – Remove $150 surcharge (utility account) Attachments: (0) Agenda Information Memo September 15, 2020 City Council Meeting CONSENT AGENDA BB. Approve City of Eagan Electronic Signature Policy Action to Be Considered: To approve the City of Eagan Electronic Signature Policy Facts: ➢The City Attorney prepared the enclosed electronic signature policy to allow the City to utilize electronic signatures in lieu of physical signatures. ➢During the pandemic, the need for electronic signatures has been a common request, thus the creation of the policy. Attachments: CBB-1 Electronic Signature Policy ( 9 5 2 ) 4 3 2 - 3 1 3 6 P h o n e ( 9 5 2 ) 4 3 2 - 3 7 8 0 F a x ELECTRONIC SIGNATURE POLICY I. PURPOSE The City of Eagan continuously works to increase efficiencies and further sustainability measures. The City’s efforts include the reduction of printing and paper use, and the increase in paperless forms of communication and approval processes. The purpose of this policy is to establish procedures to allow the use of electronic or digital signatures in place of handwritten (or “wet”) signatures pursuant to Minnesota’s Uniform Electronic Transactions Act (Minn. Stat. § 325L). The State of Minnesota authorizes and encourages the use of electronic signatures by governmental agencies, including municipalities, as an efficient and cost-effective method of operations. Specifically, the State requires government agencies to determine whether and to what extent they will use and accept electronic signatures (Minn. Stat. § 325L.18). As more governmental services and forms are offered online, agencies and municipalities need the ability and authority to review, comment upon, approve, sign, and otherwise process these forms and information in a digital and paperless medium. The Minnesota Legislature codified this encouragement with the passage of the Uniform Electronic Transactions Act (Minn. Stat. 325L, “The UETA”). The UETA provides the basis for electronic or digital signatures to be given the same legal recognition, function, and weight as handwritten (“wet”) signatures in all circumstances outlined in the UETA. The UETA applies to any electronic record or electronic signature created, generated, communicated, received, or stored After August 1, 2000. Under the UETA, “electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. A record or signature may not be denied enforceability solely because it is in an electronic form (Minn. Stat. § 325L.07 (a)). Further, if a law requires a record to be in writing, an electronic record satisfies the law (Minn. Stat. § 325L.07(c)). If a law requires a signature, an electronic signature satisfies the law (Minn. Stat. § 325L.07(d)). To recognize these efficiencies in City operations, the City Council authorizes the use of electronic and/or digital signatures as a valid signature to issue checks and other orders of public funds; issue administrative permits and licenses; and execute documents and agreements. II. POLICY To the fullest extent permitted by law, the City may utilize electronic digital signatures as legally binding and equivalent to handwritten signatures whenever feasible, prudent, and efficient. This policy hereby adopts the Definitions of Minnesota’s Uniform Electronic Transactions Act (Minn. Stat. 325L.02). This policy does not apply to certain documents and transactions governed by the Uniform Commercial Code. A legible and acceptable electronic signature should have the following components: A. The name of the signer applied in a manner to execute or validate the document; B. The typed or printed name of the signer below or adjacent to the signature when the signature uses a digitized or scanned version of the signer's hand scribed signature or the name is in a cursive font; C. The signer's corporate, managerial, or partnership title as part of or adjacent to the digital signature when the signer is signing on behalf of an organization or legal entity; D. When required or capable, evidence of authentication of the signer's identity such as the text “digitally signed by” along with the software provider's seal/watermark, date and time of execution; or, have an authentication code or key identifying the software provider; and E. A font, size and color density that is clearly legible and reproducible when reviewed, copied, and scanned into a black on white format. III. PROCEDURES All legally binding electronic documents and agreements shall be executed in accordance with the Uniform Electronic Transactions Act (UETA) and the Minnesota Electronic Authentication Act (Minn. Stat. Chapter 325K, “The MEAA”). A. All legally binding electronic documents and agreements shall be executed in accordance with the UETA and the MEAA). In addition to state laws, City agencies must adhere to federal laws such as Electronic Signatures in Global and National Commerce (E-Sign) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. City staff and elected officials are authorized to use electronic signatures for City resolutions, ordinances, minutes, building permits, business licenses, grant agreements, service agreements, purchase orders, inventory, receiving, accounting entries, payment records, timesheets, expense reports, credit card logs, time off requests, permitting/licensing applications, and other customary and routine documents that are electronically generated. Other documents (e.g. development contracts) may be deemed appropriate by the City Administrator or City Attorney. C. City staff and elected officials may utilize third party certification methods to authenticate electronic or digital signatures with vendors, contractors, or other government departments and agencies whenever prudent or at the direction of the City Administrator or City Attorney. D. City staff are authorized to electronically sign documents provided by other entities so long as the document is accessed through a secure portal or email and if the system provides a date and time stamp for the electronic signature. E. All electronic signatures on behalf of the City must be in accordance with this policy. F. Electronic signatures must apply to individuals only, and not for roles, positions, or titles. G. The City reserves the right to refuse to use or accept an electronic or digital signature that does not comply with UETA, other Minnesota Statutes, or other federal laws such as E- Sign and HIPAA. H. The City will retain an electronic copy of all electronically signed documents and agreements in accordance with the Record Retention Policy. IV. RESPONSIBILITY AND AUTHORITY Administrative implementation of policy as permitted by the Minnesota Electronic Authentication Act (Minn. Stat. § 325K), Minnesota Statutes § 47.41 and § 47.42, and the Uniform Electronic Transactions Act (Minn. Stat. § 325L). Original Policy Adoption Date: 09-15-20 Mayor: ______________________________________ Mike Maguire CITY OF EAGAN RESOLUTION NO. 20-___ RESOLUTION APPROVING 2020 CARES ACT GRANT COUNTY-MUNICIPALITY AGREEMENT FOR COVID-19 RELATED ELECTION EXPENSES WHEREAS, the City of Eagan has identified increased election expenses related to the COVID-19 health pandemic; and WHEREAS, Dakota County has received a 2020 CARES Act grant for increased election expenses; and WHEREAS, Dakota County has proposed to allocate default grant amounts to cities to help defray increased elections expenses through a County-Municipality Agreement; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Dakota County, Minnesota, hereby selects the default funds allocation between the county and the municipality. The sum of $27,764.93 will be provided by the county to the municipality under the CARES Act grant to which the county is the Grantee, and the municipality acknowledges that it is subject to the provisions of paragraphs 1 through 5, 7 through 11 and 13 through 15 of the 2020 CARES Act Grant Agreement as if it were the Grantee. BE IT FURTHER RESOLVED the City of Eagan approves the 2020 CARES Act Grant County-Municipality Agreement subject to review and approval by the City Administrator and City Attorney; and that the City Administrator is hereby authorized to execute such agreement and any amendments as are necessary to receive and use the funding for the 2020 elections. PASSED this 15th day of September, 2020. Mike Maguire, Mayor ATTEST: _____________________________________ Christina M. Scipioni, City Clerk Agenda Memo September 15, 2020, Eagan City Council Meeting CONSENT AGENDA CC. Approve Eagan Mid-Sized Business CARES Grant Program and authorize City Administrator to implement the program and execute related documents Action To Be Considered: Approve Eagan Mid-Sized Business CARES Grant Program and authorize City Administrator to implement the program and execute related documents Facts:  At the September 8, 2020 work session meeting, the City Council directed staff to implement a mid-sized business CARES grant program.  The mid-sized business grant program will be similar to the Dakota County CARES Small Business Relief Grant Program with the following differences: o Businesses must have 51 – 100 full-time equivalent employees. o The City is designating $500,000 for business grants and an additional $50,000 for administrative costs. o Eligible businesses may receive grants of up to $20,000. Grants in the Dakota County CARES Small Business Relief Grant Program were for up to $10,000. o On-line applications will be accepted on a first come/first served basis from Monday, September 21 at 8:00 am until Friday, October 2 at 4:30 pm or until grant funds are depleted, whichever occurs first. o The City will work with Northland Financial, its financial advisor, to review and retain financial documents. Attachments: (2) CCC-1 Eagan CARES Mid-Size Business Grant Program Guidelines CCC-2 Program Timeline and Process 1 Eagan CARES Mid -Sized Business Grant Program Guidelines September 15, 2020 The purpose of the Eagan CARES Mid-Sized Business Grant Program (“Program”) is to provide temporary financial support to mid-sized businesses in Eagan adversely impacted by the COVID-19 pandemic and the COVID-19 peacetime emergency. The goal of the Program is to help businesses through the current economic crisis and prevent blight in neighborhoods that may result from disinvestment. Terms • Businesses may apply one time for an emergency grant up to $20,000, based on economic hardship from COVID-19. • Funds shall be used exclusively for the following eligible expenses: o Up to three months of operating expenses, including payroll, rent/lease payments, mortgage payments, utilities, payments to suppliers, or other critical business expenses as approved by the City and its Financial Advisor. Eligible Businesses Businesses must meet all the following criteria as of March 1, 2020 to be eligible: • Have equivalent at least 51 and no more than 100 full-time (or equivalent) employees • Meet the definition of “small business” as defined by industry by the U.S. Small Business Administration • Be locally owned and operated for-profit organization with a physical, location, whether owned or leased, located in the City of Eagan • Be majority owned by a permanent resident of Minnesota • Be in good standing with the Minnesota Secretary of State and the City of Eagan • Demonstrate the business was adversely affected by Executive Orders related to COVID-19 business restrictions • Demonstrate financial hardship as a result of the COVID-19 outbreak Ineligible Businesses • Businesses that do not have a physical address in the City of Eagan • Home based businesses • Non-profit organizations • Businesses that derive any income from adult-oriented uses 2 • Businesses in default conditions prior to February 29, 2020 • Businesses that have average annual receipts of $7.5 million or more • Businesses deriving income from passive investments without operational ties to operating businesses • Businesses primarily focusing on speculative activities based on fluctuations in price rather than the normal course of trade • Businesses earning more than half of its annual net revenue from lending • Businesses engaging in pyramid sales, where a participant's primary incentive is based on the sales of an ever-increasing number of participants • Businesses engaging in activities prohibited by federal law or applicable law in the local jurisdiction of the business • Businesses engaging in gambling enterprises, unless the business earns less than 50% of its annual net revenue from lottery sales Businesses that have applied for and/or were awarded COVID-related federal funding, such as the Small Business Administration (SBA) Economic Injury Disaster Loan (EIDL) or Paycheck Protection Program (PPP) are eligible for this grant. However, to serve as many businesses as possible, duplication of state and local COVID-related emergency funds is not allowed. Businesses that have been awarded or have received COVID- related emergency funds through the Minnesota Small Business Emergency Loan (SBEL) or DEED Small Business Relief Grant Program or the Dakota County CARES Small Business Relief Grant Program are ineligible for this grant. Application Process • Applications will be accepted beginning Monday, September 21st at 8:00 am through Friday, October 2nd at 4:30 pm • Application link can be found at: insert application link • Applications will be reviewed on a first come/first served basis until the application deadline or until funds are depleted, whichever occurs first. Applications will be processed in order based on the time stamp of submission of on-line applications. Applicants that submit incomplete applications, are deemed ineligible, or do no submit requested documents by stated deadlines will be excluded from further consideration. • Upon preliminary notice of an accepted application, the following documentation must be provided to the City’s Financial Advisor within five business days: o Revenue verification. 2019 Federal Business Tax return or appropriate business tax schedule – based on entity type.  Businesses that have not yet completed a 2019 Federal Return are eligible to apply and substitute other documentation of revenue, and will need to provide their 2019 Federal Return when completed o Impact and loss of revenue verification. Evidence of negative impact and loss of revenue due to COVID-19 pandemic and peacetime emergency. Applicant should 3 submit documentation that best demonstrates the impact and is deemed acceptable to the City’s Financial Advisor.  Examples of acceptable documentation include: Sales Tax Reporting; monthly profit and loss statements; comparable point of sales, cash register reports, merchant statements or other sales records o Employee verification. Evidence of employment prior to March 1, 2020. Acceptable documentation may include: company’s 2019 federal form W3; period reporting from a 3rd party payroll processor; applicant’s Federal Form 941/Employer’s Quarterly Federal Tax Return; or other State or Federal payroll-related filing. o Evidence of grant eligible expenses that occurred in past three months, (e.g. rent/lease agreement, utility statements, supplier invoices, payroll, tax payments, payments to suppliers, etc.). Provide documentation that expenses total or exceed the amount requested in grant application • Failure to submit required documentation within five business days will result in forfeiture of grant award. • Upon notice review and acceptance of additional documentation, the business will enter into a grant agreement with the City of Eagan and provide a completed W-9 form. Failure to provide a signed grant agreement and completed W-9 form within five business days of the request will result in forfeiture of the grant award. • Terms will be included in the grant agreement, including the reporting requirement to provide information to the City of Eagan and/or its Financial Advisor 90 days after execution of grant on status of business and actual use of grant funds. Note: The City of Eagan reserves the right to revise these guidelines as needed to best address the impact of the current pandemic. Eagan CARES Mid-Sized Business Grant Program Timeline and Process Deadline Process September 15 Council approves grant program guidelines and authorizes City Administrator to implement the program and execute related documents September 16 Communications begins marketing program. September 21 thru October 2 On-line applications are accepted and processed on a first come/first served until funds are depleted or until October 2. Thru October 14 City staff reviews applications for initial eligibility (3 business days). Staff requests eligible applicants to submit financial documentation to Northland Financial within 5 business days. Failure to submit appropriate documentation within 5 business days will result in forfeiture of the grant award. Thru October 21 Northland receives and reviews financial documentation and notifies the City within 5 business days that applicants have provided appropriate documentation and grant may be processed. Thru October 30 Within 2 business days of Northland notification, City staff request applicant to submit signed grant agreement and completed W-9 form within 5 business days. Failure to submit a signed grant agreement and completed W-9 form within 5 business days will result in forfeiture of the grant award. Thru November 6 Within 5 business days of receiving signed grant agreement and completed W-9 form from applicant, City Administrator will sign grant agreement and Finance Department will cut checks for grant award. November 15 Federal deadline for the expenditure of all CARES funds Agenda Memo September 15, 2020, Eagan City Council Meeting CONSENT AGENDA DD. Approve Eagan CARES Nonprofit Grant Program and authorize City Administrator to implement the program and execute related documents Action To Be Considered: Approve Eagan CARES Nonprofit Grant Program and authorize City Administrator to implement the program and execute related documents Facts: At the September 8, 2020 work session meeting, the City Council directed staff to implement a CARES nonprofit grant program. The nonprofit grant program will be similar to the Dakota County CARES Small Business Relief Grant Program. The City will designate $200,000 for nonprofit grants and an additional $20,000 for administrative costs. Eligible nonprofits may receive grants of up to $25,000. Eligible applicants must: o Be a nonprofit business with up to 100 full-time employees. o Be located at a physical address in Eagan that is not a residential address. o Be in good standing with the Minnesota Secretary of State and the City of Eagan. o Demonstrate that the nonprofit business was adversely affected by Executive Orders related to COVID-19 business restrictions. o Demonstrate financial hardship as a result of the COVID-19 outbreak. o Not have received federal, state, or local CARES funding from any other source unless the nonprofit business can document unique and unfunded eligible expenditures. Nonprofits must provide employment, revenue and expense verification similar to what is required for small business grants. The City Administrator is authorized to work with staff on program guidelines and an application submittal and review process. The City will work with Northland Financial, its financial advisor, to review and retain financial documents. Attachments: (0) Agenda Information Memo  September 15, 2020, Eagan City Council Meeting      CONSENT AGENDA    EE. Approve On‐Sale Liquor and Sunday License for MC Eagan LLC doing business  as Mad Cow, 1288 Promenade Place    Action To Be Considered:    To approve an On‐Sale Liquor and Sunday License for MC Eagan Eagan LLC doing  business as Mad Cow, located at 1288 Promenade Place    Facts:     Patrick Francis Conroy, Patrick Anthony Conroy and Frank Nicholas Greczyna,  partners of MC Eagan LLC, have applied for an On‐Sale Liquor and Sunday  License for a restaurant located at 1288 Promenade Place. MC Eagan LLC is  converting the former Eagan Jake’s into a Mad Cow restaurant.    All required documents have been submitted, reviewed and deemed in order by  City staff and the Police Department.    Attachments:  (0)  Agenda Information Memo  September 15, 2020 Eagan City Council Meeting      CONSENT AGENDA    FF. Approve Premise Permit for the Metro Baseball League to conduct lawful  gambling at Mad Cow, 1288 Promenade Place    Action To Be Considered:    To adopt a resolution approving a Premise Permit for the Metro Baseball League to  conduct lawful gambling at Mad Cow, 1288 Promenade Place.    Facts:     Nancy Huber, Gambling Manager of the Metro Baseball League, has applied for a  premise permit to conduct a lawful gambling operation at Mad Cow, 1288  Promenade Place.   As required by City Code, the Metro Baseball League has at least 15 active  members that reside or work in Eagan.   All of the required paperwork has been filed. Staff found no reason to deny the  application.    Attachments:  (1)    CFF‐1 Resolution  RESOLUTION NO. _____ CITY OF EAGAN PREMISE PERMIT FOR THE METRO BASEBALL LEAGUE TO CONDUCT LAWFUL GAMBLING AT MAD COW WHERAS, the Metro Baseball League has applied for a premise permit for a lawful gambling operation at Mad Cow, 1288 Promenade Place; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Metro Baseball League application for a premise permit at Mad Cow, 1288 Promenade Place. CITY OF EAGAN CITY COUNCIL By: _________________________ Its Mayor Attest: _______________________ Its Clerk Motion by: Seconded by: Those in favor: Those against: Date: September 15, 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 15th day of September, 2020. ____________________________ City Clerk Agenda Information Memo  September 15, 2020, Eagan City Council Meeting      CONSENT AGENDA    GG. Approve Resolution to temporarily extend the licensed premise of the On‐Sale  Taproom License issued to Bald Man Brewing, Inc. on September 26, 2020 at  2020 Silver Bell Road Suite 25    Action To Be Considered:    To approve a resolution to temporarily extend the licensed premise of the On‐Sale  Taproom License issued to Bald Man Brewing, Inc. on September 26, 2020 at 2020 Silver  Bell Road Suite 25    Facts:     Bald Man Brewing is planning an outdoor event on September 26, 2020. As part  of the event, the brewery plans to set up a fenced‐in patio area in its parking lot.   Per City Code, the taproom license held by Bald Man Brewing only allows the  sale of alcohol within the building and on its patio. City Code Chapter 5.07 allows  the City Council to temporarily extend an establishment’s licensed premise as  long as the establishment meets all Code requirements.   Bald Man Brewing has submitted an application to temporarily extend its  licensed premise. The application has been reviewed and deemed in order by  City staff and the Police Department. No reason was found to deny the  temporary extension of the taproom license.    The City has informed the applicant of current executive orders relative to  COVID‐19, social distancing requirements and event size limits. Staff have  required alterations to the site plan to ensure compliance with executive orders.      Attachments:  (1)    CGG‐1 Resolution and Site Plan  RESOLUTION CITY OF EAGAN NO. _____ APPROVAL OF APPLICATION TO EXTEND THE LICENSED PREMISES FOR BALD MAN BREWING, INC. ON SEPTEMBER 26, 2020 AT 2020 SILVER BELL RD SUITE 25 WHEREAS, the City of Eagan (the “City”) has issued a license for the sale of alcoholic beverages to Bald Man Brewing, Inc. (the “Licensee”); and WHEREAS, the Licensee has submitted an application to temporarily extend the licensed premises to include the service of alcohol in an additional outdoor area of the licensed premises (depicted in attachment A) for the purposes of conducting an outdoor event on September 26, 2020; and WHEREAS, Chapter 5, Section 5.07 of the Eagan City Code allows the City Council to temporarily extend the licensed premises to include any outdoor area located on the property of the licensed premises subject to the applicable provisions of Chapter 10 and Chapter 11 of the City Code provided that specific terms and conditions as set forth in Section 5.07 are met; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves Bald Man Brewing, Inc.’s application for a temporary extension of the taproom license for September 26, 2020 at the licensed premises of 2020 Silver Bell Rd Suite 25. CITY OF EAGAN CITY COUNCIL By:_______________________ Its Mayor Attest:_____________________ Its City Clerk Motion by: Seconded by: Those in favor: Those against: Dated: September 15, 2020 CERTIFICATION I, Christina M. Scipioni, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 15th day of September, 2020. ___________________________________ Christina M. Scipioni, City Clerk Attachment A Agenda Information Memo September 15, 2020, Eagan City Council Meeting VII. New Business A. Rezoning and Preliminary Subdivision (Woods of Witham Lane) – Josh and Irene Burbul Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Rezoning from A, Agriculture, to R-1, Residential Single, upon approximately 3.2 acres located at 4070 Dodd Road. To approve (or direct preparation of Findings of Fact for Denial) a Preliminary Subdivision to create two (2) lots upon approximately 3.2 acres located at 4070 Dodd Road, subject to the conditions listed in the APC minutes. Required Vote For Approval:  Preliminary Subdivision – Majority of Councilmembers present Facts:  The property is unplatted. An existing single-family home constructed in 1968 is present in the southern portion of the lot with driveway access from Dodd Road.  The site is wooded and slopes to the east with elevations ranging from 892 to 826 feet.  A sanitary sewer lift station is present at the north end of the site, and water main and sanitary sewer are present north of Witham Lane.  The proposed Preliminary Subdivision creates two (2) lots, for a density of 0.63 units per acre.  The proposed Rezoning and Subdivision appears compatible with the Comprehensive Guide Plan as well as surrounding uses which are also single-family.  Both proposed lots meet the R-1 size and dimensional standards. The existing home will remain on Lot 1, and proposed Lot 2 is intended for construction of a new single-family home. Access for Lot 2 is proposed from Witham Lane.  There are no wetlands on the property, and an Individual Lot Tree Preservation Plan will be required at the time of Building Permit.  Three neighborhoods parks are located within ½-mile of the site, and there are existing public trails along Dodd Road.  A public hearing was held at the September 1, 2020, Advisory Planning Commission meeting and the APC did recommend approval. Issues:  Neighbors spoke to concerns about stormwater runoff during the public hearing and written public comments also include a concern about tree removal. 60-Day Agency Action Deadline: Waived Attachments: (4) NBA-1 Location Map NBA-2 Draft September 1, 2020, APC Meeting Minutes NBA-3 Planning Report NBA-4 Exhibits NORTHVIEWPARKRDCOUNTRY CT S T O N EBRIDGECIR Q U AILRIDGERD FORGE PLCAMP T O N C T SUMMERBROOKE CT ELRENERD HAWKSBURYCIRG OVERNCIRCLEYORKTOWN PLACE AIDAN LIVINGSTONDRCRIMSON LEAF CTBRADFORD P L RD LANTERNL A N E PENNSYLVANIAAVEMILLRUNLNCHATHAMR D S E VERNWAY PR A I R IE CIRVEN TN ORAVE TROTTERSCTC H ESHIRECT MACLAREN PL HACKMOREDRCOVENTRYPARKWAYKINGSTON CTSUMME RBRK.PLCU RRYTRAIL DORCHEST ERCTFA IRHAVENRDELRENE ROADTILBURYWAYMERSEY PTPEN NSYLVA N I A HANO V ERCT T RENT ON T RAI LSTATESAVETRENTON ROADAUTU M N O A K SMILLRUN KENNETCIRCLEROS E M A RYCTDODDRDTHAMES AVEMERSEYWAYT ROTTERS RIDGEBI G TI MBE RTRAILOXFORD RD HAVENHILL CIRBRADDOCK WORC H ESTER DR AUGUSTALANECRIMSON LEAF TRAIL ALBANY CIR RO G ER S CTSTONEBRIDGE DR N AV E VALLEYCOVENTRYPARKWAYGRANITE DRBRADDOCKTRAILL E X IN G T O N POINTEPKW YCOURT BRIDLE RDG CIR COUNTRYSIDEDRWINDMILLCT LE O N ARDLN WIL DFL OWER WAY CANTERGLENCIR TOFT E LANECALVIN CT HAWTHO R NEWOODS DRDODDROADC A N T E R G L E N DR COVENTRY PK W Y EAST W OODCOURTELRENE ROADGOLDENM EA D O W RD WORCHESTERDRIVEPOINTEWAYELRENEROADJEFFE R S O N L A N E LANTERNCTBRI DLE RDG RDREADI N G COUNT RYVI EWDRES K LANEBRIDLE RDG RDSTONEBR I DGEDRN C O R N W ALLSCTWITHAM LNSHORTLINE THAMESAVEAVON CTCAMB E R W E LLDRHAWTHORNEWOODSDRIVEDANIEL DRIVE WESTCHESTERCIRSTATES AVE S B C I R .DODDROADHACKMORE DRIVE NORTHBRIDGECT B R ID L E R D G R D PRAIRIE CIR E LASSO LN TRENTO N TRAILMILL RUN CIR SADDLE WOODDRIVE FROMME CTHUNTERSOVLK HACKMORE DRBAFFINBAYN.H A V E NHILLRDB R A D D O C K T R A ILTYNE LANE C.S.A.H.N O .3 0 (D I F FLE Y R O A D )BENTTREELAN E SOUTH HILLS DODD RDYORKTOWN DR. PENNSYLVANIAAVE WESCOTT ROAD COVE WELLAND CT FOXMOOR E C T STIRRUP STWAVENEY CT BRIDLERID GEPRAIRIERIDGERDBRIDLE RDG RDHIDDENMEADOWTR E T H A N D RRIDGEWOOD DREDENCIRCAS TL E T O N L N ARLENECTBRI DGE W ATER D RBAFFINBAYS.C A N T E R GLENLNGOLDEN MEADOW CTCTHACKMORE DRIVE STONE B R IDGEDRDODDROADHACKM ORE CT W ORCHESTER CIRELRENERD S U N S E T DR B R O C K T O N CIR V E R MON T A V E M I L L R U N P ATHCAM B E R W E L L DR.N. JACOB CT B R I D L E R I D G ERD CT BRIDGEWATERDRCOUNTYRVIEWDRPRAIRIERIDGER D WESCOTT ROAD NORTHVIEWPARKRDBALDLAKECTNORTHVIEWPARKROAD BRADFORD CIR C A S T L ETONCT TRAILT HAMESCIR DARTMOUTHCTBARROWCT.KIRSTEN CTBROC K T O NCURVEH A M IL T ONDRCOUNTRYSIDE DRNEWYORKAVEELRENEROADGRANITE CTBRIDLERIDGERDBridleRidge Park WanderingWalk Park CaptainDodd Park TrappFarm Park Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Do odle Rd Lone Oak Rd Map Area Extent Project Name: Woods of Witham LaneRequest: Rezoning and Preliminary SubdivisionFile Nos.: 24-RZ-05-07-20 24-PS-01-07-20Subject Site Advisory Planning Commission August 25, 2020 Page 14 of 18 D. Woods of Witham Lane Applicant Name: Josh & Irene Burbul/ Property Owners Location: 4070 Dodd Road Application: Rezoning A Rezoning of approximately 3.24 acres from A, Agriculture to R-1, Residential Single. File Number: 24-RZ-05-07-20 Application: Preliminary Subdivision A Preliminary Subdivision of approximately 3 acres to create 2 single family lots. File Number: 24-PS-01-07-20 Planner Pam Dudziak introduced this item and highlighted the information presented in the City Staff report dated August 19, 2020. Member Vanderpoel asked Assistant City Engineer Nelson if the subdivision would make the drainage issues worse or better. Assistant City Engineer Nelson provided information on topography, drainage, and storm sewer system in the neighborhood. Nelson added that development to the south occurred prior to approval of current erosion control standards and when it developed, erosion and flooding were problems. Current erosion control requirements would prevent those problems. A condition has been drafted for the proposed subdivision that future site design would need to reduce runoff to storm sewer to the east. Nelson stated that the new development should leave the site in a better condition than pre-development. Chair Sagstetter opened the public hearing at 9:09 pm. Irene and Josh Burbul, 4070 Dodd Road, were available for questions. Member Vanderpoel asked applicants regarding drainage issues. Mr. and Mrs. Burbul were unaware of the drainage issues described by neighbors but would consult with their engineer on potential solutions. John Bergherr, 627 Wildflower Way, shared photos from a previous flooding event in 1998 or 2002 (later determined to be 2002). He described how stormwater runs through the ravine to his property, he would like the drainage issues to be resolved. Chair Sagstetter asked Mr. Bergherr whether he would be supportive of the proposal if it resulted in less water draining into his back yard. Mr. Bergherr responded that he would be. Kari Wray, 623 Wildflower Way, indicated the culvert in their back yard is at maximum capacity and cited the drainage issues that resulted from the development on top of the hill (Ethan Drive). Advisory Planning Commission August 25, 2020 Page 15 of 18 James Hymer, 630 Wildflower Way, agreed with Mr. Bergherr’s comments and provided additional information on his history with his cistern and sump pump that struggles with water volume and drainage. There being no further public comment, Chair Sagstetter closed the public hearing and turned the discussion back to the Commission. Chair Sagstetter asked the Assistant City Engineer if the other properties will benefit from the development of this property. Assistant City Engineer Nelson stated the property at the end of Wildflower Way would not be impacted by development of the proposed lot. Member Jensen asked if the City Engineer knew what percentage of water could be diverted. Engineer Nelson responded that they haven’t been able to run the numbers, adding that the development could make it a better situation than current conditions. Member Vanderpoel asked if the applicant’s surveyor could speak. Ty Dodge, consulting surveyor, noted that there is an ability to utilize the driveway to divert some of the water to Witham Lane rather than to the back yards of those adjacent properties. Member Jensen moved, Member Heckmann seconded a motion to recommend approval of a Rezoning from A, Agriculture, to R-1, Residential Single, upon approximately 3.2 acres located at 4070 Dodd Road, east of Dodd Road between Welland Court and Ethan Drive. All voted in favor. Motion carried 7-0. Member Jensen moved, Member Heckmann seconded a motion to recommend approval of a Preliminary Subdivision (Woods of Witham Lane) to create two (2) lots upon approximately 3.2 acres located at 4070 Dodd Road, east of Dodd Road between Welland Court and Ethan Drive. If approved, the following conditions shall apply. 1. The developer shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: A1, B1, B2, B3, B4, C1, and E1 2. The property shall be platted. 3. An Individual Lot Tree Preservation Plan shall be submitted at the time of Building Permit application for Lot 2, Block 1. Advisory Planning Commission August 25, 2020 Page 16 of 18 4. The development shall receive Final Subdivision approval prior to Building Permit issuance. 5. A water quality cash contribution, using actual impervious surface areas and the City’s current Fee Schedule Rate, shall be required for this development. 6. A final grading plan with detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to issuance of a building permit. 7. The applicant shall design and construct the site in a manner that reduces the amount of runoff that flows to the rear yard storm sewer catch basin located to the south of Witham Lane, in a manner acceptable to the City Engineer. 8. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 9. 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. 10. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 11. Any new water and sanitary sewer services shall be installed to current engineering standards, in a manner acceptable to the City Engineer. 12. All street, curb and gutter, boulevard, and trail repairs shall be performed in a manner acceptable to the City Engineer. 13. This development shall be responsible for a cash park and trails dedication based on the rates in effect at the time of Final Subdivision for the net increase of one (1) lot. The amount is payable prior to release of the Final Plat for recording. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: August 19, 2020 CASE: 24-RZ-05-07-20; 24-PS-01-07-20 APPLICANT: Josh and Irene Burbul HEARING DATE: August 25, 2020 PROPERTY OWNER: Josh and Irene Burbul APPLICATION DATE: July 29, 2020 REQUEST: Rezoning; Preliminary Subdivision PREPARED BY: Pam Dudziak LOCATION: 4070 Dodd Road COMPREHENSIVE PLAN: LD, Low Density ZONING: A, Agriculture SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning from A, Agriculture to R-1, Residential Single, and a Preliminary Subdivision (Woods of Witham Lane) to create two (2) lots upon approximately 3.2 acres located at 4070 Dodd Road, located east of Dodd Road between Welland Court and Ethan Drive. 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 – Woods of Witham Lane August 25, 2020 Page 2 Preliminary Subdivision: City Code Section 13.20 Subd. 6 states that “In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in the city's water quality and wetland management plan which is properly approved and filed in the office of the city clerk and in effect as of the date the subdivision application was received by Planning Report – Woods of Witham Lane August 25, 2020 Page 3 the city, hereinafter referred to as the "water quality management plan." Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the city clerk to maintain the water quality management plan and make the same available to the public. L. That the subdivision is in compliance with the city's storm water management regulations pursuant to the federal Clean Water Act as set forth elsewhere in this Code. M. That the subdivision is in compliance with the city's wetland protection and management regulations as set forth elsewhere in this Code. BACKGROUND/HISTORY The property is unplatted and an existing single-family home built in 1968 is present on the southern portion of the site with driveway access to Dodd Road. The existing home will remain on the property. In 2015, the City acquired a drainage and utility easement over the northern 119 feet of the property for construction of a sanitary sewer lift station. EXISTING CONDITIONS The property is wooded with elevations from 890 in the southwest corner to 840 in the northeast portion of the site. Storm sewer runs along the east edge of the property within a 15-foot easement from Witham Lane to the north end of the site. Water main and sanitary sewer are present along the west edge of the adjacent property north of Witham Lane. In 2015, the City acquired a drainage and utility easement over the northern 119 feet of the property for construction of a sanitary sewer lift station. SURROUNDING USES The property is surrounded by single-family uses zoned R-1, Residential Single, and guided LD, Low Density. Across Dodd Road to the west is unimproved open space owned by the City and zoned and guided for Park. EVALUATION OF REQUEST Compatibility with Surrounding Area – The proposed rezoning to R-1 and subdivision to create a new lot for single-family development is compatible with surrounding uses which are also single-family residential. Airport Noise Considerations – The site is not within the Airport Noise Overlay district. Planning Report – Woods of Witham Lane August 25, 2020 Page 4 Density – The subject site is guided Low Density Residential 1-4 units per acre. The proposed subdivision will result in two (2) lots upon 3.2 acres, or a density of 0.63 units per acre. The proposed density complies with the Guide Plan. In infill development locations area where the site is constrained by wetlands, topography, access or other limitations, densities under one (1) unit per acre may be permitted. Lots – Proposed Lot 1 is 1.82 acres and Lot 2 is 1.43 acres in size. The existing single-family home will remain on Lot 1. The proposed lot size and dimensions satisfy the minimum R-1 standards of 12,000 square foot lot area and 85-foot lot width. The Witham Lane right-of-way abuts the east edge of the subject site, and the new construction on Lot 2 will take access from the Witham Lane cul-de-sac to the east, making the east side the front of the lot. Lot frontage on Witham Lane is 60 feet, which exceeds the City’s minimum standard of 50 feet. Setbacks and Coverage – Bulk and mass is dictated by both setbacks and building coverage standards. In the R-1 zoning district, a maximum building coverage ratio of 20% applies. Standard R-1 setbacks apply to this subdivision. The principal structure setback requirement is 30 feet from the Witham Lane public right-of-way, 40 feet from Dodd Road right-of-way, 10 feet from the side property line and 15 feet from the rear property line. The subdivision appears to create lots that can accommodate the necessary setbacks. The existing home on proposed Lot 1 satisfies these setbacks from the new lot line, and the concept plan for Lot 2 illustrates a conforming site layout. Tree Preservation – The site is wooded and contains a number of significant trees. Therefore, Tree Preservation Regulations (City Code §11.70) apply. Allowable tree removal for this type of development (single-lot residential) is 20%. The applicant has provided a conceptual plan for the subdivision that shows the location of a new single-family residence, a conceptual grade limit extent, and the anticipated impacts of tree removal upon proposed Lot 2. A complete Tree Inventory and Individual Lot Tree Preservation Plan will be required prior to the issuance of building permit for Lot 2, Block 1. Topography/ Grading – The site is currently developed with a single-family home with driveway access onto Dodd Road. Most of the site is heavily treed. A concept grading plan has been prepared to show how a second lot could be developed. It shows grading and tree removals limited to the area around the proposed driveway and building pad. The majority of the site has steep grades sloped to the east, with elevations ranging 892 feet to 826 feet. The concept grading plan is acceptable. A final grading plan with detailed grading, drainage, erosion, and sediment control plan should be prepared in accordance with current City standards and codes prior to issuance of a building permit. All erosion/ sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved Planning Report – Woods of Witham Lane August 25, 2020 Page 5 equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Erosion control measures should be installed and maintained in accordance with City code and engineering standards. Storm Drainage – The preliminary storm drainage plan is acceptable. The entire site lies within Drainage District J (as designated in the City Storm Water Management Plan – 2007). With the addition of one lot with direct access to an existing street, no new storm sewer is required or proposed. The applicant should design and construct the site in a manner that reduces the amount of runoff that flows to the rear yard storm sewer catch basin located to the south of Witham Lane, in a manner acceptable to the City Engineer. Wetlands – Because there are no wetlands on site, City Code §11.67, wetland protection and management regulations, does not apply. Stormwater Management/ Water Quality – The applicant proposes to subdivide the approximate 3.2-acre single family residential site into two lots. Because the new building pad and additional driveway would likely be less than 10,000 square feet, City Stormwater Management Requirements, for post-construction stormwater management, City Code §4.34, would not apply to this proposal, but land disturbance plan/erosion control requirements would still apply at the time of building permit application. The subdivision will nevertheless generate additional stormwater runoff within the City. Thus, a cash contribution to the City’s water quality management fund is appropriate, consistent with City Code §13.20 Subd. 8A. 4(b) and historical practices, utilizing the City’s current Fee Schedule for the Water Quality Fee for this subdivision. Sanitary Sewer/ Water Main – The preliminary utility plan is acceptable. Lateral water main and sanitary sewer are available for direct service connection at Witham Lane. The existing house is already connected to city water and sewer. Any new water and sanitary sewer services should be installed to current engineering standards, in a manner acceptable to the City Engineer. Streets/ Access/ Circulation – The existing house has direct access to Dodd Road. The proposed house would connect to the Witham Lane cul-de-sac. An existing trail is located along the east side of Dodd Road. Easements/ Right-of-Way – Adequate right-of-way currently exists along Dodd Road and Witham Lane. An existing easement exists over the Witham Lift Station. The development will need to dedicate typical drainage and utility easements around the perimeter of each lot at time of final subdivision. Planning Report – Woods of Witham Lane August 25, 2020 Page 6 Financial Obligation – At this time, there are no pending assessments on the parcels included with this development. However, there were two deferred assessments from City Project’s 581 (Trunk Water and Lateral Benefit Water Trunk) and 517 (Sanitary Trunk) that would be due with any further development of this property. 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 connection to the City’s utility system. The final charges will be computed using the rates in effect at time of connection. 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 Rate Quantity Amount Watermain - Trunk $1,751.10/unit 1 residential lot (1 lot prev. pd.) $1,751.10 Lateral Benefit from Trunk Water $41.25/f.f. 450 f.f. (100 f.f. prev. pd.) $18,558.00 Sanitary Sewer - Trunk $1,678.70/unit 1 residential lot (1 lot prev. pd.) $1,678.70 Total $21,987.80 Parks and Recreation – The subject parcel is located within Park Service Area 24. The Service Area contains three existing neighborhood parks: Bridle Ridge Park, Captain Dodd Park and Wandering Walk Park. Bridle Ridge Park is located on the north side of Elrene Road and west of Dodd Road, approximately one-half mile north of the development site. Captain Dodd Park is located on the east side of Dodd Road and south of Coventry Parkway, approximately one-half mile east of the development site. Wandering Walk Park is located on the west side of Dodd Road and north of Northview Park Road, approximately one-half mile west of the development site. Captain Dodd Park would service this property due to practical transportation connections and amenities. Wandering Walk Park is an undeveloped park and is used as open space. In combination, the City parks contain a wide variety of active and passive park amenities. A trail along the east side of Dodd Road is immediately adjacent to the subject parcel. This trail connects with the City-wide trail system on Diffley Road about ¼ mile south, and on Yankee Doodle Road about ¾ mile north, of the subject site. This development shall be responsible for a cash park dedication and a cash trail dedication for the one (1) newly created lot. The amount is payable at the time of Final Subdivision, at the rates then in effect. The Fee Schedule for 2020 sets the rate for park dedication at $3,722 per lot and for trail dedication at $265 per lot. Planning Report – Woods of Witham Lane August 25, 2020 Page 7 SUMMARY/CONCLUSION The subject site is currently developed with a single-family home. The applicant is requesting to rezone the property and subdivide the site into two (2) single-family lots. The proposed zoning designation of R-1, Residential Single, is compatible with the Comprehensive Guide Plan as well as surrounding uses which are also single-family. As proposed, the lots resulting from subdivision will comply with R-1 zoning standards. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from A, Agriculture, to R-1, Residential Single, upon approximately 3.2 acres located at 4070 Dodd Road, east of Dodd Road between Welland Court and Ethan Drive. To recommend approval of a Preliminary Subdivision (Woods of Witham Lane) to create two (2) lots upon approximately 3.2 acres located at 4070 Dodd Road, east of Dodd Road between Welland Court and Ethan Drive. If approved, the following conditions shall apply. 1. The developer shall comply with these standards conditions of plat approval as revised by Council on July 1, 2014: A1, B1, B2, B3, B4, C1, and E1 2. The property shall be platted. 3. An Individual Lot Tree Preservation Plan shall be submitted at the time of Building Permit application for Lot 2, Block 1. 4. The development shall receive Final Subdivision approval prior to Building Permit issuance. 5. A water quality cash contribution, using actual impervious surface areas and the City’s current Fee Schedule Rate, shall be required for this development. 6. A final grading plan with detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to issuance of a building permit. 7. The applicant shall design and construct the site in a manner that reduces the amount of runoff that flows to the rear yard storm sewer catch basin located to the south of Witham Lane, in a manner acceptable to the City Engineer. Planning Report – Woods of Witham Lane August 25, 2020 Page 8 8. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 9. 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. 10. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 11. Any new water and sanitary sewer services shall be installed to current engineering standards, in a manner acceptable to the City Engineer. 12. All street, curb and gutter, boulevard, and trail repairs shall be performed in a manner acceptable to the City Engineer. 13. This development shall be responsible for a cash park and trails dedication based on the rates in effect at the time of Final Subdivision for the net increase of one (1) lot. The amount is payable prior to release of the Final Plat for recording. STANDARD CONDITIONS OF PLAT APPROVAL A.Financial Obligations 1.This development shall accept its additional financial obligations as defined in the staff s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B.Easements and Rights-of-Way 1.This development shall dedicate 10-foot drainage and utility easements centered overall lot lines and, 10-foot drainage and utility easements adjacent to all public rights-of-way where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2.This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3.This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4.This development shall dedicate adequate drainage and ponding easements, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan. C.Plans and Specifications 1.All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2.A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3.This development shall ensure that all dead-end public streets shall have a permanent cul-de- sac, or temporary cul-de-sac to be removed upon further extension (on stub streets), constructed in accordance with City engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights- of-way as required by the alignment of the cul-de-sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate public improvement project and associated contract must be awarded by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council. G. Tree Preservation and Mitigation 1. This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as allowed under the City's tree preservation ordinance and as approved by the City Council. H. Stormwater Management and Water Quality Protection 1. This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by C. I. Wetlands Protection and Management 1. This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action. J. Airport Noise Attenuation 1. This development shall be responsible for meeting all appropriate noise attenuation conditions if the property is located within the Metropolitan Council Noise Exposure and/or Buffer Zone. K. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. L. Mailboxes 1. The construction and location of all mailbox supports shall be in accordance with the United States Postal Service policies and regulations for centralized delivery, and the locations shall be approved by the City Engineer and be identified in the final constructions plans for the development. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 REVISED: July 10, 1990 REVISED: February 2, 1993 REVISED: July 9, 2009 REVISED: July 1, 2014 NORTHVIEWPARKRDCOUNTRY CTS T O N EBRIDGECIRQ UAILRIDGERDFORGE PLCAMPT O N C T SUMMERBROOKE CTELRENERDHAWKSBURYCIRGOVERNCIRCLEYORKTOWN PLACEAIDANLIVINGSTONDRCRIMSON LEAF CTBRADFORDPL RDLANT E R N LA N E PENNSYLVANIAAVEMILLRUNLNCHAT H A M R D S E V ERNWAYP R A IR IECIRV E N T N ORAVETROTTERSCTC H ESHIRECTMACLAREN PLH A C KMORE DRCOVENTRYPARKWAY KINGSTON CTS U M M E R B R K .PL CURRYTRAILDORCHES T E RCTFAIRHAVENRDELRETILBURYWAYMERSEY PTPENNSYLVAN IAHANOVERCT T R E N T O N T R A I LSTATESAVETRENTON ROADAUTUMNOAKSMILL R U N KENNETCIRCLER O S EM A R Y C T DODDRDTHAMES AVEMERSEYWAYTROTTERSRIDGEB IG T IM B E R TR A I L OXFORDRDHAVENHILL CIRBRADDOCKWORCHESTERDRAUGUSTA LAN E CRIMSONLEAFTRAILALBANY CIRROGERS CTSTONEBRIDGE DR NAVE VALLEYCOVENTRYPARKWAYGRANITE DRBRADDOCKTRAILLEXINGTONPOINTEPKWYCOURTBRIDLERDGCIRCOUNTRYSIDEDRWINDMILLCTLEONARDLNWILDFLOWER WAYCANTERGLENCIRTOFTE L CALVIN CTHAWTHORNEWOODSDRDODDROADCAN TE R G LE N D RCOVENTRYPKW YEASTWOODCOURTELREGOLDENMEADO W RDWORCHESTERDRIVET E W A YELRENEROAD ONLANELANTERNCTB R ID LE R D G R D RE A D IN G C O U N T R Y V IE W D RESKLANE BRIDLE RDG RDSTONEBRIDGEDRNCORNWALLSCTWITHAMLNSHORTLINETHAMESAVEAVON CTCAMBERWELLDRHAWTHORNEWOODSDRIVENIELDRIVEWESTCHESTERCIRSTATESAVESB CIR.DODDROADHACKMORE DRIVEN O R T H B RIDGECTBRID LE RDG R D PRAIRIECIRELASSOLNTRENTONTRAILMILLRUNCIRSADDLEWOODDRIVEFROMME CTHUNTERSOVLKHACKMOREDRBAFFINBAYN.HAVENHILLRDBRADDOCKTRAILTYNE LANEC.S.A.H.NO.30(DIFFLEYROAD)BENTTREELANELLSDODD RDYORKTOWN DR.PENNSYLVANIAAVE WESCOTT ROADCOVEWELLAND CTFOXMOORECTSTIRRUP STWAVENEY CTBRIDLERIDG E PRAIRIERIDGERDBRIDLE RDG RDHIDDENMEADOWTRE TH AN D R RIDGEWOODEDENCIRCASTLE TO N LN ARLENECTBR I D G E W ATERDRBAFFINBAYS.C A N T E R G L E N L N GOLDEN MEADOW CTCTHACKMOREDRIVESTONEBRIDGEDRDODDROADHACKMORE CTWORCHESTER CIRELRENERDSUNSETDRBR OCKT O N C IR VER MONT AVEMILLRUNPATHCAMBERWELLDR.N.JACOB CTBRIDLERIDGERD CTBRIDGEWATERDRCOUNTYRVIEWDRPRAIRIERIDGERDWESCOTT ROADNORTHVIEWPARKRDBALDLAKECTOADBRADFORD CIRCASTLETONCTT R A ILTHAMESCIR DARTMOUTHCTBARROWCT.KIRSTEN CTBROCKTONCURVEH A M IL T O N D RCOUNTRYSIDE DRNEWYORKAVEELRENEROADGRANITE CTBRIDLERIDGERDBridleRidge ParkWanderingWalk ParkCaptainDodd ParkTrappFarm ParkLocation Map01,000500Feet´§¨¦35E§¨¦494Cliff RdDiffley RdYankee Doodle RdLone Oak RdMap Area ExtentProject Name: Woods of Witham LaneRequest: Rezoning and Preliminary SubdivisionFile Nos.: 24-RZ-05-07-20 24-PS-01-07-20Subject Site Witham LaneWildflower WayCamberwell DriveDodd Road05025Feet´This map is for reference use only. This is not a survey and is not indtended to be used as one.Aerial photo-Spring 2019Project Name: Woods of Witham LaneRequest: Rezoning and Preliminary Planned DevelopmentFile Nos.: 24-RZ-05-07-20 and 24-PS-01-07-20 CO.RD.30DiffleyRoadCO. RD. 30 Diffley RoadCO. RD. 30 Diffley RoadEtha n Drive Oxford RoadPrairie Ridge RoadCountryside DriveWitham LaneTilbury WayPrairie Circle ELantern CourtBaffin Bay SLantern LaneBaffin Bay NCamberwell DriveGranit e Dri v eThames AvenueDodd RoadBradf or d Place Dodd RoadDodd RoadLantern LaneDodd RoadPrairie Ridge RoadPrairie Ridge RoadDodd RoadPrairie Ridge Road0300150Feet´This map is for reference use only. This is not a survey and is not indtended to be used as one.Aerial photo-Spring 2019Project Name: Woods of Witham LaneRequest: Rezoning and Preliminary Planned DevelopmentFile Nos.: 24-RZ-05-07-20 and 24-PS-01-07-20 I HEREBY CERTIFY THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. ________________________________DATE________________ TY R. DODGE MINNESOTA LICENSE NO.45351 PT. N 1/2 SW 1/4 SEC. 24, T27N,23W, CITY OF EAGAN, DAKOTA COUNTY, MN TRD LEGEND COUNTY SECTION CORNER LOCATION OF RECORD-MONUMENT AS NOTED FOUND 3/4" OUTSIDE DIAMETER IRON PIPE SET 1" OUTSIDE DIAMETER X18" LONG IRON PIPE WEIGHING 1.13 LBS./LINEAL FOOT WITH ID CAP "DODGE PLS 45351" PRELIMINARY PLAT OF:PROPERTY ADDRESS: 4070 DODD ROAD EAGAN MN 55123 OWNERS: JOSH AND IRENE BURBUL 651-231-3675 joshburbul@msn.com SURVEYOR: TY DODGE AUTH CONSULTING ASSOICATES 2920 ENLOE STREET SUITE 101 HUDSON WI 54016 715-381-5277 tdodge@authconsulting.com Parcel ID: 10-02400-53-010 Existing Property Description: All that part of the North one-half of Southwest Quarter (N 1/2 of SW 1/4) of Section Twenty-four (24), Township Twenty- seven (27), Range Twenty-three (23), lying southeasterly of County Road No. 63, more specifically described as beginning at the southeast corner of the N 1/2 of SW 1/4 of said Section 24; thence North along the east line of said N 1/2 of SW 1/4 a distance of 691.69 feet to the centerline of said County Road No. 63; thence Southwesterly at an angle of 39 degrees 38 minutes 40 seconds with said East line and along the centerline of said road 662.46 feet to the beginning of a 5 degrees 30 minutes curve to the left, said curve having a central angle of 51 degrees 50 minutes; thence along said curve 218.82 feet to the south line of said N 1/2 of SW 1/4; thence East along said South line 543.32 feet to the point of beginning, subject to said County Road No. 63, according to the Government Survey thereof, Dakota County, Minnesota.ROBERT TRAIL SDODD ROADDIFFLEY ROADNW 14NE 14SE 14SW 14Not To Scale WOODS OF WITHAM LANE VICINITY MAP SECTION 24, T23N, R23 DAKOTA COUNTY MINNESOTA WESTCOTT ROAD PROPERTTY ZONING TO BE R-1: Lot Area 12,000 sq. ft. Lot Width 85 feet Setback From Public Right-of-way 30 feet Side Yard Setback (principal structure)10 feet Side Yard Setback (garage or accessory structure) 5 feet Rear Yard Setback (principal structure) 15 feet Rear Yard Setback (accessory structure) 5 feet Structure Height (max.) 35 feet Building Coverage (max.) 20 percent WIT H A M LAN E PROPERTY SUMMARY: 2 LOTS 3.2 ACRES TOTAL NO PUBLIC LAND DEDICATIONS. THIS SHEET INCLUDES REQUIREMENTS FOR: PRELIMINARY SUBDIVISION PLAN PRELIMINARY SITE LAYOUT- APPROXIMATE FUTURE HOME LOCATION IS SHOWN. DUE TO THE SIZE OF THE LOT, THIS IS SUBJECT TO CHANGE. PRELIMINARY GRADING/DRAINAGE- NO PROPOSED IMPROVEMENTS OCCUR WITH THE LAND DIVISION. PRELIMINARY UTILITY AND STREET PLAN- EXISTING UTILITES AREA SHOWN. FUTURE UTILITY CONNECTION FOR LOT 2 WILL COME FROM WITHAM LANE. PRELIMINARY LANDSCAPE PLAN- NO LANDSCAPING IS PROPOSED FOR THE LAND DIVISION. PARK DEDICATION- CASH IS PROPOSED IN LIEU OF LAND DEDICATION. 07/15/20 DRAINAGE AND UTILITY EASEMENTS, TYPICAL: BEING 5 FEET IN WIDTH AND ADJOINING SIDE LOT LINES AND 10 FEET IN WIDTH AND ADJOINING STREET AND REAR LOT LINES UNLESS OTHERWISE SHOWN. 5' 5'10'10' I HEREBY CERTIFY THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. ________________________________DATE________________ TY R. DODGE MINNESOTA LICENSE NO.45351 LEGEND PT. N 1/2 SW 1/4 SEC. 24, T27N,23W, CITY OF EAGAN, DAKOTA COUNTY, MN TRD COUNTY SECTION CORNER LOCATION OF RECORD-MONUMENT AS NOTED FOUND 3/4" OUTSIDE DIAMETER IRON PIPE SET 1" OUTSIDE DIAMETER X18" LONG IRON PIPE WEIGHING 1.13 LBS./LINEAL FOOT WITH ID CAP "DODGE PLS 45351" EXISTING CONDITIONS FOR:PROPERTY ADDRESS: 4070 DODD ROAD EAGAN MN 55123 OWNERS: JOSH AND IRENE BURBUL 651-231-3675 joshburbul@msn.com SURVEYOR: TY DODGE AUTH CONSULTING ASSOICATES 2920 ENLOE STREET SUITE 101 HUDSON WI 54016 715-381-5277 tdodge@authconsulting.com Parcel ID: 10-02400-53-010 Existing Property Description: All that part of the North one-half of Southwest Quarter (N 1/2 of SW 1/4) of Section Twenty-four (24), Township Twenty- seven (27), Range Twenty-three (23), lying southeasterly of County Road No. 63, more specifically described as beginning at the southeast corner of the N 1/2 of SW 1/4 of said Section 24; thence North along the east line of said N 1/2 of SW 1/4 a distance of 691.69 feet to the centerline of said County Road No. 63; thence Southwesterly at an angle of 39 degrees 38 minutes 40 seconds with said East line and along the centerline of said road 662.46 feet to the beginning of a 5 degrees 30 minutes curve to the left, said curve having a central angle of 51 degrees 50 minutes; thence along said curve 218.82 feet to the south line of said N 1/2 of SW 1/4; thence East along said South line 543.32 feet to the point of beginning, subject to said County Road No. 63, according to the Government Survey thereof, Dakota County, Minnesota.ROBERT TRAIL SDODD ROADDIFFLEY ROADNW 14NE 14SE 14SW 14Not To Scale WOODS OF WITHAM LANE VICINITY MAP SECTION 24, T23N, R23 DAKOTA COUNTY MINNESOTA WESTCOTT ROAD PROPERTTY ZONING TO BE R-1: Lot Area 12,000 sq. ft. Lot Width 85 feet Setback From Public Right-of-way 30 feet Side Yard Setback (principal structure)10 feet Side Yard Setback (garage or accessory structure) 5 feet Rear Yard Setback (principal structure) 15 feet Rear Yard Setback (accessory structure) 5 feet Structure Height (max.) 35 feet Building Coverage (max.) 20 percent WIT H A M LAN E PROPERTY SUMMARY: 2 LOTS 3.2 ACRES TOTAL NO PUBLIC LAND DEDICATIONS. THIS SHEET INCLUDES REQUIREMENTS FOR: EXISTING CONDITIONSL PLAN. 07/15/20 ENTIRE PARCEL IS WOODED EXCEPT EXISTING HOUSE AND DRIVEWAY. PT. N 1/2 SW 1/4 SEC. 24, T27N,23W, CITY OF EAGAN, DAKOTA COUNTY, MN TRD LEGEND COUNTY SECTION CORNER LOCATION OF RECORD-MONUMENT AS NOTED FOUND 3/4" OUTSIDE DIAMETER IRON PIPE SET 1" OUTSIDE DIAMETER X18" LONG IRON PIPE WEIGHING 1.13 LBS./LINEAL FOOT WITH ID CAP "DODGE PLS 45351" CONCEPTUAL SITE PLAN OF:PROPERTY ADDRESS: 4070 DODD ROAD EAGAN MN 55123 OWNERS: JOSH AND IRENE BURBUL 651-231-3675 joshburbul@msn.com SURVEYOR: TY DODGE AUTH CONSULTING ASSOICATES 2920 ENLOE STREET SUITE 101 HUDSON WI 54016 715-381-5277 tdodge@authconsulting.com Parcel ID: 10-02400-53-010 Existing Property Description: All that part of the North one-half of Southwest Quarter (N 1/2 of SW 1/4) of Section Twenty-four (24), Township Twenty- seven (27), Range Twenty-three (23), lying southeasterly of County Road No. 63, more specifically described as beginning at the southeast corner of the N 1/2 of SW 1/4 of said Section 24; thence North along the east line of said N 1/2 of SW 1/4 a distance of 691.69 feet to the centerline of said County Road No. 63; thence Southwesterly at an angle of 39 degrees 38 minutes 40 seconds with said East line and along the centerline of said road 662.46 feet to the beginning of a 5 degrees 30 minutes curve to the left, said curve having a central angle of 51 degrees 50 minutes; thence along said curve 218.82 feet to the south line of said N 1/2 of SW 1/4; thence East along said South line 543.32 feet to the point of beginning, subject to said County Road No. 63, according to the Government Survey thereof, Dakota County, Minnesota.ROBERT TRAIL SDODD ROADDIFFLEY ROADNW 14NE 14SE 14SW 14Not To Scale WOODS OF WITHAM LANE VICINITY MAP SECTION 24, T23N, R23 DAKOTA COUNTY MINNESOTA WESTCOTT ROAD PROPERTTY ZONING TO BE R-1: Lot Area 12,000 sq. ft. Lot Width 85 feet Setback From Public Right-of-way 30 feet Side Yard Setback (principal structure)10 feet Side Yard Setback (garage or accessory structure) 5 feet Rear Yard Setback (principal structure) 15 feet Rear Yard Setback (accessory structure) 5 feet Structure Height (max.) 35 feet Building Coverage (max.) 20 percent WIT H A M LAN E PROPERTY SUMMARY: 2 LOTS 3.2 ACRES TOTAL NO PUBLIC LAND DEDICATIONS. THIS SHEET INCLUDES REQUIREMENTS FOR: PRELIMINARY SUBDIVISION PLAN PRELIMINARY SITE LAYOUT- APPROXIMATE FUTURE HOME LOCATION IS SHOWN. DUE TO THE SIZE OF THE LOT, THIS IS SUBJECT TO CHANGE. PRELIMINARY GRADING/DRAINAGE- NO PROPOSED IMPROVEMENTS OCCUR WITH THE LAND DIVISION. PRELIMINARY UTILITY AND STREET PLAN- EXISTING UTILITES AREA SHOWN. FUTURE UTILITY CONNECTION FOR LOT 2 WILL COME FROM WITHAM LANE. PRELIMINARY LANDSCAPE PLAN- NO LANDSCAPING IS PROPOSED FOR THE LAND DIVISION. PARK DEDICATION- CASH IS PROPOSED IN LIEU OF LAND DEDICATION. I HEREBY CERTIFY THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. ________________________________DATE________________ TY R. DODGE MINNESOTA LICENSE NO.45351 07/15/20 DRAINAGE AND UTILITY EASEMENTS, TYPICAL: BEING 5 FEET IN WIDTH AND ADJOINING SIDE LOT LINES AND 10 FEET IN WIDTH AND ADJOINING STREET AND REAR LOT LINES UNLESS OTHERWISE SHOWN. 5' 5'10'10' REZONING NARRATIVE PROPERTY ADDRESS: 4070 Dodd Road, Eagan MN 55123 PROPERTY IDENTIFICATION NUMBER: 10-02400-53-010 EXISTING PROPERTY DESCRIPTION: All that part of the North one-half of Southwest Quarter (N 1/2 of SW 1/4) of Section Twenty-four (24), Township Twenty seven (27), Range Twenty-three (23), lying southeasterly of County Road No. 63, more specifically described as beginning at the southeast corner of the N 1/2 of SW 1/4 of said Section 24; thence North along the east line of said N ½ of SW 1/4 a distance of 691.69 feet to the centerline of said County Road No. 63; thence Southwesterly at an angle of 39 degrees 38 minutes 40 seconds with said East line and along the centerline of said road 662.46 feet to the beginning of a 5 degrees 30 minutes curve to the left, said curve having a central angle of 51 degrees 50 minutes; thence along said curve 218.82 feet to the south line of said N 1/2 of SW 1/4; thence East along said South line 543.32 feet to the point of beginning, subject to said County Road No. 63, according to the Government Survey thereof, Dakota County, Minnesota. DESCRIPTION OF REQUEST: The rezoning request is to change the property at the above address from A-Agricultural to R-1 Single Family. This request will allow division of the property into two residential lots, one with the existing home at 4070 Dodd Road and a second lot that would access from Witham Lane. A future single family home on the new residential parcel is assumed in the future. The current use of the land is a single family home and approximately 2 acres of unimproved woods. Adjacent properties are mostly zoned R-1 and have residential developments already completed. The impact to the adjoining properties would be minimal as this use follows that of adjoining properties. The subject property will be allowed to divide into two parcels as a result of the rezoning which would allow one additional single family residence at a future date. The rezoning would have a negligible impact on city sewer, water and stormwater services as the result of the rezoning will only create one new single family lot. This rezoning request will result in a better use of land by increasing the value of the property and providing additional tax base without increasing public utilities or roadways. SUBDIVISION NARRATIVE PROPERTY ADDRESS: 4070 Dodd Road, Eagan MN 55123 PROPERTY IDENTIFICATION NUMBER: 10-02400-53-010 EXISTING PROPERTY DESCRIPTION: All that part of the North one-half of Southwest Quarter (N 1/2 of SW 1/4) of Section Twenty-four (24), Township Twenty seven (27), Range Twenty-three (23), lying southeasterly of County Road No. 63, more specifically described as beginning at the southeast corner of the N 1/2 of SW 1/4 of said Section 24; thence North along the east line of said N ½ of SW 1/4 a distance of 691.69 feet to the centerline of said County Road No. 63; thence Southwesterly at an angle of 39 degrees 38 minutes 40 seconds with said East line and along the centerline of said road 662.46 feet to the beginning of a 5 degrees 30 minutes curve to the left, said curve having a central angle of 51 degrees 50 minutes; thence along said curve 218.82 feet to the south line of said N 1/2 of SW 1/4; thence East along said South line 543.32 feet to the point of beginning, subject to said County Road No. 63, according to the Government Survey thereof, Dakota County, Minnesota. DESCRIPTION OF REQUEST: The preliminary subdivision request is to will allow division of the property into two residential lots, one with the existing home at 4070 Dodd Road and a second lot that would access from Witham Lane. A future single family home on the new residential parcel is assumed in the future. The current use of the land is a single family home and approximately 2 acres of unimproved woods. Proposed timing of the request would allow for submittals in July of 2020 and final creation of the two lot plat by September or October of 2020.