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02/16/2021 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING FEBRUARY 16, 2021 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE Check Registers D. APPROVE Contracts E. SCHEDULE Special City Council Meetings for Tuesday, March 2, 2021 at 4:30 p.m. and Wednesday, April 28, 2021 at 5:30 p.m. F. ADOPT the City’s Federal Award Administration Policy and Procedures G. APPROVE Plans & Specifications Contract 21-01, 2021 Street Improvements and Schedule Bid Opening H. AWARD Contract 21-05, Yankee Lift Station Rehabilitation I. AWARD Contract 21-06, Automated Meter Infrastructure J. AWARD Contract 21-08, 2021 Well Rehabilitation K. AWARD Contract 21-09, 2021 Sanitary Sewer Lining L. APPROVE Contract 21-11, Lake Plant Harvesting Equipment Acquisition and Schedule Bid Opening M. APPROVE Joint Powers Agreement with Dakota County Transportation and ISD 196, Diffley Road School Area Improvements/ Braddock Trail Driveway School Safety Improvements – Right-of-Way and Construction (City Projects 1339/1408), and Amendment to Joint Powers Agreement with Dakota County Transportation and ISD 196, Diffley Road School Area Improvements – Design (City Project 1339) N. APPROVE Resolution of Support to Dakota County Transportation Department for Designation of No-Parking Zone – Diffley Road (CSAH 30), Lexington Avenue to Trenton Trail O. APPROVE Telecommunications Lease Agreement with T-Mobile at Safari Reservoir P. APPROVE MnDOT/Dakota County Signal Agreement – I-35E/ County Road Intersections Q. APPROVE Water Meter Replacement/Repair Program Surcharge Appeals R. APPROVE 2021 Agreement between the City of Eagan as fiscal agent for the Dakota County Drug Task Force and the Organized Crime Drug Enforcement Task Force for overtime and other authorized expenses. S. APPROVE one-time transfer of $1,500,000 from the General Fund to the Equipment Revolving Fund T. APPROVE On-Sale and Sunday Liquor License for El Nuevo Parian-Eagan LLC doing business as El Parian Mexican Restaurant, 1960 Cliff Lake Road #117 U. APPROVE Plans and Specifications for Contract 21-04 Rahn Park Improvements and Authorize the Advertisement for Bids V. PUBLIC HEARINGS A. VARIANCE - Donald & Orianna Forciea, Homeowners - A Variance to the 20% maximum building coverage for a screened in porch located at 1322 Interlachen Drive B. VARIANCE - Public Storage, PS Mid-West One, LLC, Jarrod Yates - A Variance to the front and side yard pavement setbacks located at 1900 Shawnee Road C. VACATE Public Drainage & Utility Easements, Lots 1 & 2, Block 1 Town Centre 100 Second Addition (1270 & 1260 Yankee Doodle Road), and Approve the Final Subdivision and Final Planned Development for Associated Bank VI. OLD BUSINESS VII. NEW BUSINESS 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: February 12, 2021 Subject: Agenda Information for February 16, 2021 City Council Meeting ADOPT AGENDA After approval is given to the February 16, 20021 City Council agenda, the following items are in order for consideration. Agenda Information Memo February 16, 2021 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 January 26, 2021 Special City Council minutes, February 2, 2021 regular City Council minutes, and the February 9, 2021 Special City Council minutes, as presented or modified. Attachments: (3) CA-1 January 26, 2021 Special City Council Minutes CA-2 February 2, 2021 City Council Minutes CA-3 February 9, 2021 Special City Council Minutes MINUTES SPECIAL CITY COUNCIL RETREAT JANUARY 26, 2021 5:30 P.M. EAGAN COMMUNITY CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Supina. City staff present: City Administrator Osberg, Assistant City Administrator Miller, Finance Director Pepper, Public Works Director Matthys, Community Development Director Hutmacher, Communications and Engagement Director Ellickson, Parks and Recreation Director Pimental, Human Resources Manager Swenson, Police Chief New, and Fire Chief Scott. ROLL CALL AND ADOPTION OF AGENDA Councilmember Fields moved, Councilmember Hansen seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors to be heard. CITY COUNCIL AND SENIOR MANAGEMENT TEAM DISCUSSION The Council and City staff shared their reflections, aspirations, and goals for 2021. The Council also discussed Acting Mayor, committee appointments, and commission liaison assignments. OTHER BUSINESS There was no other business to be heard. ADJORNMENT Councilmember Hansen moved, Councilmember Fields seconded a motion to adjourn the retreat at 8:40 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota FEBRUARY 2, 2021 No Listening Session was held. Due to the COVID-19 pandemic, the regular Eagan City Council meeting was held virtually on Tuesday, February 2, 2021 at 6:30 p.m. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen, and Supina. Also present was City Administrator Osberg, Assistant City Administrator Miller, Finance Director Pepper, Public Works Director Matthys, Community Development Director Hutmacher, City Planner Schultz, Communications and Engagement Director Ellickson, Parks and Recreation Director Pimental and City Attorney Dougherty. AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 (Roll Call) RECOGNITIONS AND PRESENTATIONS There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Hansen moved, Councilmember Supina seconded a motion to approve the consent agenda as presented: Aye: 5 Nay: 0 (Roll Call) A. It was recommended to approve the January 19, 2021 City Council minutes, as presented, or modified. B. Personnel Items: 1. It was recommended to approve the hiring of a part-time recurring and seasonal employee as Recreation Program Specialist. 2. It was recommended to approve the hiring of Thomas Schoenecker, Temporary Street Maintenance Worker. 3. It was recommended to approve the collective bargaining agreement with the International Association of Fire Fighters, Local No. 5171 – Fire Fighters Unit. C. It was recommended to ratify the check registers dated January 15 and January 22, 2021. D. It was recommended to approve the ordinary and customary contracts with Independent School District 196, Northland Securities, Inc., Northern Air Corp, and Elisabeth Heying. E. It was recommended to approve the contingent settlement agreement and mutual release between the City of Eagan and Ebert Construction. F. It was recommended to approve a settlement agreement and release between the City of Eagan and Wold Architects. G. It was recommended to receive the Draft Feasibility Report for Project 1409 (Eagandale Industrial Park – Street Improvements) and schedule a public hearing to be held on March 2, 2021. City Council Meeting Minutes February 2, 2021 2 page H. It was recommended to approve the plans and specifications for Contract 21-10 (2021 Water Quality Improvements) and authorize the advertisement for a bid opening to be held virtually at 10:30 a.m. on Wednesday, February 24, 2021. I. It was recommended to approve the final payment for Contract 20-02 (Central Parkway Neighborhood Street Revitalization) in the amount of $71,077.47 to Northwest Asphalt, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. J. It was recommended to approve a resolution authorizing issuance and sale of approximately $27,730,000 Taxable General Obligation Bonds, Series 2021A, on March 2, 2021. K. It was recommended to approve a resolution to accept donations to the Parks and Recreation Fee Options Program. L. It was recommended to appoint Councilmember Cyndee Fields as Acting Mayor for 2021, and to appoint the 2021 representatives to the Council Standing Committees, Commission Liaisons, and Fire Relief Association Board of Trustees. M. It was recommended to schedule a public hearing for March 2, 2021 to consider final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. PUBLIC HEARINGS There were no public hearings to be heard. OLD BUSINESS There were no old business items to be heard. NEW BUSINESS Conditional Use Permit – Fusion Martial Arts City Administrator Osberg introduced the item noting the Council is being asked to consider a Conditional Use Permit to allow a Martial Arts Studio in a Business Park zoning district, upon property located at 1020 Discovery Road. City Planner Schultz gave a staff report and provided a site map. Jake Markus, applicant, provided a brief overview of the business and was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Mayor Maguire inquired why the use needed conditional use permit approval within this zoning district and suggested the Advisory Planning Commission evaluate. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow a Martial Arts Studio in a Business Park zoning district, upon property located at 1020 Discovery Road, 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. City Council Meeting Minutes February 2, 2021 3 page 2. The martial arts studio shall be located as shown on the Tenant Delineation Plan received December 16, 2020. 3. A Building Permit shall be obtained for the tenant buildout. 4. All signage shall comply with City Sign Code standards. A Sign Permit shall be obtained prior to installation of any signs. Conditional Use Permit City Administrator Osberg introduced the item noting the Council is being asked to consider a Conditional Use Permit for outdoor storage and overnight parking of delivery vans located at 3130 Lexington Avenue in addition to the adjacent site, 1045 Gemini Road. City Planner Schultz gave a staff report and provided a site map. Christopher Silas, applicant, was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the item. Councilmember Bakken noted concern regarding a tax base loss from the building being razed, regraded and paved. There was discussion regarding a partial payment in lieu of taxes and if the applicant would consider this option. The applicant noted they would likely oppose additional fees noting the project would bring other benefits to the city. After further discussion, all agreed to continue the item to the March 2, 2021 regular City Council meeting. It was also determined a Finance Committee meeting should be scheduled for further discussion. Caller Spencer, WPT REIT Industrial, property owner and representative of applicant, addressed the Council noting the CUP needs a replat of the combined properties in order to make this request work. Councilmember Fields moved, Councilmember Supina seconded a motion to continue the Conditional Use Permit for outdoor storage and overnight parking of delivery vans located at Lot 1, Block 1, Lexington Logistics Center and Lot 1, Block 1, Aerospace Investments Industrial Park to the March 2, 2021 regular City Council meeting. Aye: 5 Nay: 0 (Roll Call) LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Councilmember Hansen noted the Dakota County Board took action to withdraw from Minnesota Valley Transit Authority Joint Powers Agreement (on a 4-3 vote), ending a 9-year relationship with MVTA and removing the County from membership on the MVTA Board. The Commissioners voting to withdraw indicated that they don’t view this as a step back in their transit involvement and desire for more City Council Meeting Minutes February 2, 2021 4 page collaboration in transit planning in the future. They spoke of the goal being neutral regarding transit providers, pointing out that MVTA and Metro Transit both serve Dakota County in addition to other available services, and the County is not involved in the governance of any of these other services. Hansen noted he tried to make the point that it is appropriate and mutually beneficial for the County to have a seat at the table as a policy maker in regional transit decisions rather than simply as a stakeholder and suggested that withdrawing from active participation in MVTA would send the wrong message regarding the County’s commitment of public transit. He asserted that the best way for the County to help ensure that its residents and businesses have access to efficient quality transit is to continue being part of the governing board that makes service decisions. Hansen noted his appreciation to those who continue to support the MVTA. CITY ADMINISTRATOR City Administrator Osberg noted next week’s Council workshop will include a joint meeting with our legislators along with representatives from three different organizations who advocate on behalf of cities. The workshop will also include an update regarding Diffley Road. DIRECTOR OF PUBLIC WORKS Director of Public Works Matthys noted there have been several Diffley Road School Area Public Information Sessions held virtually. The next meeting is scheduled for February 4 from 5-6:30 p.m. VISITORS TO BE HEARD There were no visitors to be heard. CLOSED SESSION No closed session was held. ADJOURNMENT Councilmember Hansen moved, Councilmember Supina seconded a motion to adjourn the meeting at 7:54 p.m. Aye: 5 Nay: 0 (Roll Call) _______ Date ______ Mayor _______ City Clerk MINUTES SPECIAL CITY COUNCIL MEETING FEBRUARY 9, 2021 5:30 P.M. EAGAN MUNICIPAL CENTER Due to the COVID-19 pandemic, a virtual meeting of the Special City Council was held on Tuesday, February 9, 2021 at 5:30 p.m. City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Supina. City staff present: City Administrator Osberg, Assistant City Administrator Miller, Public Works Director Matthys, City Engineer Gorder, Community Development Director Hutmacher, Communications and Engagement Director Ellickson, Fire Chief Scott, Police Chief New and Finance Director Pepper. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Bakken moved, Councilmember Hansen seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 (Roll Call) VISITORS TO BE HEARD There were no visitors to be heard. JOINT MEETING WITH EAGAN’S LEGISLATIVE DELEGATION Mayor Maguire welcomed State Senator Carlson and State Representatives Masin, and Richardson. Representative Reyer joined the meeting at 6:03 p.m. State Senator Klein was not present. Also present were Patricia Naumann, Executive Director of Metro Cities; Gary Carlson, Intergovernmental Relations Director of the League of Minnesota Cities; and Tom Poul, Attorney, Messerli & Kramer of Municipal Legislative Commission. City Administrator Osberg noted It is the tradition of the City Council to meet with the legislative delegation early in the year. Each member of the legislative delegation introduced themselves and spoke about the committees they will be serving on in the 2021 session. Each representative from the LMC, MLC, and Metro Cities gave an update on several issues their respective organizations plan to address in the coming legislative session. The Council, representatives from the lobbying organizations, and the legislative delegation discussed what they see coming out of the legislature this year. Mayor Maguire thanked the legislative delegation and representatives from LMC, MLC, and Metro Cities for attending the meeting. Special City Council Minutes February 9, 2021 Page 2 DIFFLEY ROAD UPDATE City Administrator Osberg noted tonight the Council will receive an update from City and County staff and the consultant on the final project design and proposed construction schedule for the Diffley Road School Area Improvements. Public Works Director Matthys noted on July 7, 2020, the City Council approved a Joint Powers Agreement between Dakota County, the City of Eagan, and Independent School District (ISD) 196 for the engineering design of Diffley Road (CSAH 30) School Area Improvements. In order to proceed on the recommended construction schedule, the City Council will be asked on February 16, 2021, to consider approving a Joint Powers Agreement with Dakota County and ISD 196, for the construction of the Diffley Road School Area Improvements. Cody Christianson, Bolton & Menk Inc, provided an update on the design of the improvements and the project schedule for construction. Jenna Fabish, Project Manager, Dakota County, was available for questions. The Council thoroughly discussed the proposed Diffley Road and School Area Improvements and provided feedback. It was the consensus of the City Council the Joint Powers Agreement with Dakota County and ISD 196, for the construction of the Diffley Road School Area Improvements (City Project 1339) be placed on the February 16, 2021 City Council Consent Agenda. Aye: 5 Nay: 0 (Roll Call) OTHER BUSINESS There was no other business to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn at 7:42 p.m. Aye: 5 Nay: 0 (Roll Call) ______________ Date _______ Mayor _______ City Clerk Agenda Information Memo February 16, 2021 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1. Action to be Considered: Approve the promotion of Brian Kruckow from Lead Custodian to Government Building Maintenance Coordinator. ➢ Mr. Kruckow has been with the organization since 2003. ➢ The promotion would be effective February 17, 2021. ➢ This promotion does not increase staffing withing the department. Agenda Information Memo February 16, 2021 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated January 29 and February 5, 2021, as presented. Attachments: (2) CC-1 Check register dated January 29, 2021 CC-2 Check register dated February 5, 2021 1/28/2021City of Eagan 17:08:54R55CKR2 LOGIS102V 1Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 217932 1/29/2021 100742 ABC RENTALS INC. 409.00 INVENTORY 326745 277408 9001.14151/27/2021 Inventory - Parts General Fund 512.66 PLOW WARRANTY 326746 W7487 2244.62311/27/2021 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 121.89 WARRANTY PLOW REPAIR 326754 W7477 2244.623112/31/2020 Mobile Equipment Repair Parts Street Equipment Repair/Mtn 1,043.55 217933 1/29/2021 100005 ABM EQUIPMENT & SUPPLY 675.39 BOOM INSPECTION 326874 0166000-IN 9001.141512/31/2020 Inventory - Parts General Fund 675.39 217934 1/29/2021 101396 ALEX AIR APPARATUS, INC. 160.00 SCBA REPAIR 326747 3628 1225.62341/27/2021 Field/Other Equipment Repair Fire / EMS Equipment 160.00 217935 1/29/2021 157073 ALLIED OIL 3,306.90 OIL INVENTORY 326748 535622-00 9001.14151/27/2021 Inventory - Parts General Fund 3,306.90 217936 1/29/2021 101965 ANOKA COUNTY CLERK OF COURT 50.00 GEORGE GRAHAM III 326749 233427 9001.22601/27/2021 Bail Deposits General Fund 50.00 217937 1/29/2021 142987 APPLE CHEVROLET BUICK NORTHFIELD 365.88 WO 063 326750 73690 9001.14151/27/2021 Inventory - Parts General Fund 365.88 217938 1/29/2021 100360 APPLE FORD LINCOLN APPLE VALLEY 41.60 INVENTORY 326751 51152 9001.14151/27/2021 Inventory - Parts General Fund 297.39 INVENTORY 326752 515205 9001.14151/27/2021 Inventory - Parts General Fund 338.99 217939 1/29/2021 141676 ARC DOCUMENT SOLUTIONS LLC 136.28 PRINT SUPPLIES 326753 54MNI9037135 0301.62101/27/2021 Office Supplies IT-Gen & Admn 136.28 217940 1/29/2021 131079 ASTLEFORD INTERNATIONAL 100.94 2021-73 326755 02P2697 9001.14151/27/2021 Inventory - Parts General Fund 98.08 2021-73 326756 02P2741 9001.14151/27/2021 Inventory - Parts General Fund 774.65 2021-73 326757 01P25492 9001.14151/27/2021 Inventory - Parts General Fund 98.08 RETURNED 326758 02P2692 9001.14151/27/2021 Inventory - Parts General Fund 98.08- RETURNED.326759 02P2699 9001.14151/27/2021 Inventory - Parts General Fund 2/11/21 1/28/2021City of Eagan 17:08:54R55CKR2LOGIS102V 2Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 217940 1/29/2021 131079 ASTLEFORD INTERNATIONAL Continued... 973.67 217941 1/29/2021 146829 AT&T MOBILITY 39.23 1/18/21-2/17/21 326925 287262588400X01 252021 2010.63551/28/2021 Cellular Telephone Service General Engineering 127.35 1/18/21-2/17/21 326925 287262588400X01 252021 9701.63551/28/2021 Cellular Telephone Service PEG-eligible 166.58 217942 1/29/2021 158011 AVESIS 568.01 VISION-FEB 2021 326760 2610871 9592.20361/27/2021 Ded payable - Vision Benefit Accrual 568.01 217943 1/29/2021 100487 BARR ENGINEERING CO 734.00 ENGINEERING SERVICES 326761 23191449.00 - 2 6541.671212/31/2020 Project - Engineering Capital Proj-Renew&Repl-cr1126 1,396.00 H&H ANALYSIS 11/28-12/25/2020 326918 23191433.00 - 7 9376.671312/31/2020 Project - Outside Engineering Combined Utility Trunk Fund 694.00 ENGINEERING SERVICES 326926 23191403.01 - 3 6542.671212/31/2020 Project - Engineering Capital Proj-WQ dedictn-cr1127 105.00 ENGINEERING SERVICES 326927 23191139.20 - 11 6541.6712 P138112/31/2020 Project - Engineering Capital Proj-Renew&Repl-cr1126 2,271.03 ENGINEERING SERVICES 326927 23191139.20 - 11 6541.6712 P138512/31/2020 Project - Engineering Capital Proj-Renew&Repl-cr1126 4,197.98 ENGINEERING SERVICES 326927 23191139.20 - 11 6541.6712 P138412/31/2020 Project - Engineering Capital Proj-Renew&Repl-cr1126 916.48 ENGINEERING SERVICES 326927 23191139.20 - 11 6541.6712 P138312/31/2020 Project - Engineering Capital Proj-Renew&Repl-cr1126 517.50 ENGINEERING SERVICES 326927 23191139.20 - 11 6541.6712 P138212/31/2020 Project - Engineering Capital Proj-Renew&Repl-cr1126 307.50 ENGINEERING SERVICES 326927 23191139.20 - 11 6541.6712 P138012/31/2020 Project - Engineering Capital Proj-Renew&Repl-cr1126 11,139.49 217944 1/29/2021 100397 BATTERIES PLUS 35.80 BATTERIES FOR FRONT DOORS 326762 P35828104 6603.62331/27/2021 Building Repair Supplies Building Repair & Maint. 35.80 217945 1/29/2021 100375 BECKER ARENA PRODUCTS INC 799.21 DASHER BOARD REPLAC R/R FUND 326919 600186 6617.66301/28/2021 Other Improvements Capital Replacement (cr1114) 799.21 217946 1/29/2021 131767 BOLTON & MENK INC. 1/28/2021City of Eagan 17:08:54R55CKR2LOGIS102V 3Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 217946 1/29/2021 131767 BOLTON & MENK INC.Continued... 6,483.50 YANKEE LS REHAB 326763 0263147 6439.6630 P140712/31/2020 Other Improvements Lift Station Maintenanc/Repair 70.00 CANTER GLEN LS REHAB 326764 0263379 6439.6630 P139412/31/2020 Other Improvements Lift Station Maintenanc/Repair 6,553.50 217947 1/29/2021 119552 BOUND TREE MEDICAL LLC 666.15 MEDICAL GLOVES 326765 83913412 1225.62221/27/2021 Medical/Rescue/Safety Supplies Fire / EMS Equipment 666.15 217948 1/29/2021 158016 BURKLE, JAMES R 307.99 OW COST SHARE 326766 OAK WILT-PSP TREE REMOVAL 3209.68601/27/2021 Contributions/Cost Sharing Pay Plant Inspections-Private Prop 307.99 217949 1/29/2021 100027 BURNSVILLE, CITY OF 3,372.03 EAGAN JPA - 3RD QUARTER ADJ 326875 2020-00000014 6201.453012/31/2020 Sanitary Sewer Service Charges San Sewer-Administration 4,809.92 EAGAN JPA - 3RD QUARTER ADJ 326875 2020-00000014 6101.450512/31/2020 Water Sales Water -Administration 838.35-EAGAN JPA - 3RD QUARTER ADJ 326875 2020-00000014 6201.453012/31/2020 Sanitary Sewer Service Charges San Sewer-Administration 7,343.60 217950 1/29/2021 148751 CAMPBELL KNUTSON 10,433.08 CITY ATTORNEY BILL -DEC20 326767 3904-999G-12312 0 0602.631112/31/2020 Legal Prosecuting Attorney 10,433.08 217951 1/29/2021 126289 CBIZ BENEFITS & INSURANCE SERVICES INC. 228.44 REBA MAINTENANCE -4TH QTR 20 326768 5639 9592.653612/31/2020 Flex Plan Administration Fee Benefit Accrual 228.44 217952 1/29/2021 142837 CENTURYLINK (R) 69.86 DEC 2020 FAX 326769 651994-6210635- JAN21 9695.63471/27/2021 Telephone Service & Line Charg Dakota Co Drug Task Force 69.86 217953 1/29/2021 142286 COMCAST 53.47 MONTHLY DUES 1/18/21-2/17/21 326770 877210508072454 1-010821 6603.63571/27/2021 Advertising/Publication Building Repair & Maint. 53.47 217954 1/29/2021 146512 COMPASS MINERALS AMERICA 28,107.01 ROAD SALT 326771 743000 2240.62561/27/2021 Snow Removal/Ice Control Suppl Street Plowing/Sanding 1/28/2021City of Eagan 17:08:54R55CKR2LOGIS102V 4Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 217954 1/29/2021 146512 COMPASS MINERALS AMERICA Continued... 9,426.58 ROAD SALT 326772 743861 2240.62561/27/2021 Snow Removal/Ice Control Suppl Street Plowing/Sanding 37,533.59 217955 1/29/2021 150880 CORE & MAIN LP 105,300.00 STORZ UPGRADES 326773 N025448 6144.66301/27/2021 Other Improvements Hydrant Maintenance/Repair 105,300.00 217956 1/29/2021 136461 CULLIGAN (R) 87.78 WATER 326774 795215 9695.621012/31/2020 Office Supplies Dakota Co Drug Task Force 87.78 217957 1/29/2021 100365 DAK CTY CLERK OF COURT 100.00 SAMANTHA MIA BENTON 326775 233427 9001.22601/27/2021 Bail Deposits General Fund 100.00 217958 1/29/2021 119693 DAKOTA COUNTY ATTORNEY'S OFFICE (R) 9,201.68 20% FORFEITURE 326776 012521 9695.219212/31/2020 Due to County Govt Dakota Co Drug Task Force 9,201.68 217959 1/29/2021 133868 DAKOTA COUNTY FINANCIAL SERVICES 978.85 SPERRY TOWER LIGHTING COST 326777 00040012 6162.627012/31/2020 Computer Software Meter Reading 978.85 217960 1/29/2021 121530 DAKOTA COUNTY SHERRIFF'S OFFICE 6,842.50 Q1-Q4 2020 ADMIN STAFF MONAHAN 326778 2020 ADMIN HOURS 9695.631012/31/2020 Professional Services-General Dakota Co Drug Task Force 6,468.75 Q4 2020 SUPERVISOR DIFF 326779 2020-Q4 CAP DIFF 9695.658012/31/2020 Reimb to Cities & Counties Dakota Co Drug Task Force 3,579.00 Q4 2020 SUPERVISOR DIFF 326780 2020-Q4 SGT DIFF 9695.658012/31/2020 Reimb to Cities & Counties Dakota Co Drug Task Force 16,890.25 217961 1/29/2021 100405 DAKOTA ELECTRIC ASSOC 891.60 PICK UP KNOCK DOWN #J7 326781 315922-5-010821 6301.64321/27/2021 Utility System Repair-Labor Street Lighting 891.60 217962 1/29/2021 142972 DOUGHERTY, MOLENDA, SOLFEST, HILLS 5,511.00 LEGAL 326888 194739-04768 0601.63111/29/2021 Legal General Legal Service 379.50 LEGAL 326889 194748-38628 0601.63111/29/2021 Legal General Legal Service 181.50 LEGAL 326890 194751-41054 0601.63111/29/2021 Legal General Legal Service 1/28/2021City of Eagan 17:08:54R55CKR2LOGIS102V 5Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 217962 1/29/2021 142972 DOUGHERTY, MOLENDA, SOLFEST, HILLS Continued... 115.50 LEGAL 326891 194754-42614 0601.63111/29/2021 Legal General Legal Service 115.50 LEGAL 326892 194755-42823 0601.63111/29/2021 Legal General Legal Service 253.30 AT&T YANKEE 326893 194742-36296 6008.6311 AAT&T1/29/2021 Legal Yankee Doodle Antenna Location 101.32 AT&T SAFARI 326894 194743-36297 6005.6311 AAT&T1/29/2021 Legal Safari Antenna Location 253.30 T-MOBILE DEERWOOD 326895 194744-36298 6001.6311 ATMOB1/29/2021 Legal Deerwood Antenna Location 1,114.52 T-MOBILE YANKEE 326896 194745-36299 6008.6311 ATMOB1/29/2021 Legal Yankee Doodle Antenna Location 303.96 T-MOBILE SPERRY TOWER 326897 194746-36300 6007.6311 ATMOB1/29/2021 Legal Sperry Antenna Location 506.60 T-MOBILE O'LEARY 326898 194747-36952 6009.6311 ATMOB1/29/2021 Legal OLeary Park Antenna Location 50.66 VERIZON - DIFFLEY 326899 194749-38803 6003.6311 AVERI1/29/2021 Legal Lexington Antenna Location 379.95 FAIRFIELD INN & SUITES 326900 194750-39358 9001.2245 J03841/29/2021 Escrow - Private Development F General Fund 50.66 NICHOLS PARK LLC 326901 194752-41737 9001.2245 J04581/29/2021 Escrow - Private Development F General Fund 1,545.13 VIKINGS LAKES APARTMENTS 326902 194753-42086 9001.2245 J04681/29/2021 Escrow - Private Development F General Fund 126.65 PROJ 1410 OAKVIEW CENTER 326903 194756-42916 8410.67161/29/2021 Project - Legal P1410 Oakview Center 126.65 PROJ 1411 ADVANTAGE LANE 326904 194757-42917 8411.67161/29/2021 Project - Legal P1411 Advantage Ln 126.65 PROJ 1412 LETENDRE ST 326905 194758-42918 8412.67161/29/2021 Project - Legal P1412 Letendre 1st 101.32 PROJ 1413 JOHNNY CAKE RIDGE 326906 194759-42919 8413.67161/29/2021 Project - Legal P1413 Johnny Cake Ridge Rd 101.32 PROJ 1414 OAKBROOKE ADDITION 326907 194760-42920 8414.67161/29/2021 Project - Legal P1414 Oakbrooke Addn 126.65 PROJ 1415 CANTERBURY FOREST 326908 194761-42921 8415.67161/29/2021 Project - Legal P1415 Canterbury Forest 134.90 WOODS OF WITHAM LANE 326909 194762-43225 9001.2245 J05001/29/2021 Escrow - Private Development F General Fund 101.32 EAGAN VAULT STORAGE 326910 194763-43577 9001.2245 J05121/29/2021 Escrow - Private Development F General Fund 825.00 LEGAL 326911 194764-43651 0601.63111/29/2021 Legal General Legal Service 582.59 TWIN CITIES SOLA 326912 194765-43701 9001.2245 J05131/29/2021 Escrow - Private Development F General Fund 177.31 LEGAL 326913 194766-43750 0601.63111/29/2021 Legal General Legal Service 75.99 FUSION MARTIAL ARTS 326914 194767-43793 9001.2245 J05171/29/2021 Escrow - Private Development F General Fund 177.31 AMAZON LOGISTICS 326915 194768-43794 9001.2245 J05181/29/2021 Escrow - Private Development F General Fund 284.86 LEGAL 326916 194740-10388 0601.63111/29/2021 Legal General Legal Service 1,545.00 LEGAL 326917 194741-12651 0601.63111/29/2021 Legal General Legal Service 15,475.92 217963 1/29/2021 101006 EMERGENCY AUTO TECHNOLOGIES 259.41 PD 326783 DL011421-30 1104.62311/27/2021 Mobile Equipment Repair Parts Patrolling/Traffic 1,831.85 PD 326784 DL011421-25 3511.66801/27/2021 Mobile Equipment Equip Rev Fd-Dept 11 2,091.26 217964 1/29/2021 144238 EQUIPMENT MANAGMENT COMPANY 140.44 MISC REPAIR SUPPLIES 326785 58462 1225.62341/27/2021 Field/Other Equipment Repair Fire / EMS Equipment 140.44 217965 1/29/2021 100062 FACTORY MOTOR PARTS CO 194.64 DEF FLUID EA4 326786 1-6710661 9001.14111/27/2021 Inventory - Motor Fuels General Fund 1/28/2021City of Eagan 17:08:54R55CKR2LOGIS102V 6Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 217965 1/29/2021 100062 FACTORY MOTOR PARTS CO Continued... 194.64 217966 1/29/2021 122976 FIRE SAFETY USA INC. 300.00 FUEL FOR EQUIPMENT 326787 142761 1224.62351/27/2021 Fuel, Lubricants, Additives Engineer 534.00 BATTERIES FOR FANS 326788 142853 1225.62401/27/2021 Small Tools Fire / EMS Equipment 834.00 217967 1/29/2021 143971 FLEETPRIDE 382.74 WORK ORDER 063 326789 66567139 9001.14151/27/2021 Inventory - Parts General Fund 266.32 INVENTORY 326790 66432097 9001.14151/27/2021 Inventory - Parts General Fund 331.26 WO 034 326791 66385499 9001.14151/27/2021 Inventory - Parts General Fund 980.32 217968 1/29/2021 100157 FORCE AMERICA INC 926.10 2021-75 326792 001-1507728 9001.14151/27/2021 Inventory - Parts General Fund 5.62 WO 2021-75 326793 001-1508055 9001.14151/27/2021 Inventory - Parts General Fund 165.81 WO 2021.75 326794 001-1507468 9001.14151/27/2021 Inventory - Parts General Fund 1,097.53 217969 1/29/2021 111768 FRONTIER COMMUNICATIONS OF MN 57.61 BISCAYNE AVE SAN LIFT STATION 326795 02231244-S-2101 0-JAN21 6239.63521/27/2021 Telephone Circuits Lift Station Maintenanc/Repair 57.61 217970 1/29/2021 100077 GOPHER ST ONE CALL 50.00 ONE CALL FEE-2021 FAC OPER FEE 326796 1000350 6234.63561/27/2021 One Call Service Fee Utility Locates 50.00 217971 1/29/2021 100085 HARDWARE HANK 403.79 UNIT 305 - SAW REPLACEMENT 326797 1956497 3201.66701/27/2021 Other Equipment Administrative/General 9.99 MISC REPAIR SUPPLIES 326798 1955589 1225.62301/27/2021 Repair/Maintenance Supplies-Ge Fire / EMS Equipment 413.78 217972 1/29/2021 121622 HASTINGS, CITY OF 7,589.86 GIPSON 12/7-1/3/2021 326799 202101144125 9695.631012/31/2020 Professional Services-General Dakota Co Drug Task Force 7,589.86 217973 1/29/2021 100064 HAWKINS WATER TRTMNT GROUP INC 1,248.00 NTP CL2 326800 4862693 6147.62441/27/2021 Chemicals & Chemical Products North Plant Production 1,248.00 1/28/2021City of Eagan 17:08:54R55CKR2LOGIS102V 7Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 217973 1/29/2021 100064 HAWKINS WATER TRTMNT GROUP INC Continued... 217974 1/29/2021 100267 HAYES ELECTRIC 576.00 HIGHVIEW LIGHTS 326801 4480 3109.64311/27/2021 Park Facility Repair-Labor Lighting Maintenance 129.10 HIGHVIEW LIGHTS 326801 4480 3109.62341/27/2021 Field/Other Equipment Repair Lighting Maintenance 453.32 OUTLET FOR DRILL PRESS 326802 4478 2401.62341/27/2021 Field/Other Equipment Repair Gen/Adm-Central Services 1,158.42 217975 1/29/2021 100297 HOLIDAY COMMERCIAL 11.93 CAR WASHES 326803 1400-006-317-66 9-010821 1221.635412/31/2020 Car Washes Administration-Fire 11.93 217976 1/29/2021 100627 HOME DEPOT CREDIT SERVICES 13.55 SUPPLIES 326709 9015525 3129.623312/31/2020 Building Repair Supplies Shop Mtn/General Repairs 33.25 NORTHVIEW 326710 9015543 3106.622012/31/2020 Operating Supplies - General Structure Care & Maintenance 108.86 SUPPLIES 326711 5015985 3103.622012/31/2020 Operating Supplies - General Site Amenity Maintenance 20.54 SUPPLIES 326712 501586 3106.622012/31/2020 Operating Supplies - General Structure Care & Maintenance 55.52 SUPPLIES 326713 10046 3129.622012/31/2020 Operating Supplies - General Shop Mtn/General Repairs 497.00 TRAPP SOFTENER 326714 4010119-122920 3106.623312/31/2020 Building Repair Supplies Structure Care & Maintenance 32.94 SUPPLIES 326715 8010844-010421 3106.62401/29/2021 Small Tools Structure Care & Maintenance 10.64 TRAPP-SUPPLIES 326716 6011001 3106.62331/29/2021 Building Repair Supplies Structure Care & Maintenance 37.95 CLEANING SUPPLIES 326717 6011036 3106.62231/29/2021 Building/Cleaning Supplies Structure Care & Maintenance 1.06-TRAPP SOFTENER 326718 6194954 3106.62331/29/2021 Building Repair Supplies Structure Care & Maintenance 4.74 TRAPP SUPPLIES 326719 6194955 3106.62331/29/2021 Building Repair Supplies Structure Care & Maintenance 3.24 TRAPP SOFTENER 326720 501114 3106.62331/29/2021 Building Repair Supplies Structure Care & Maintenance .87 TRAPP SOFTENER 326721 5030296 3106.62331/29/2021 Building Repair Supplies Structure Care & Maintenance 8.97 SUPPLIES 326722 11573 3106.62401/29/2021 Small Tools Structure Care & Maintenance 284.55 MAILBOX REPAIR 326723 9974152 2240.625612/31/2020 Snow Removal/Ice Control Suppl Street Plowing/Sanding 25.81 BRINE BLDG REPAIR 326724 8010833 2240.62561/29/2021 Snow Removal/Ice Control Suppl Street Plowing/Sanding 21.39 BRINE BLDG CLEANING 326725 5621526 2270.62201/29/2021 Operating Supplies - General Building And Grounds-Mtn 32.97 MOTION SENSOR FOR FLEET TABLE 326726 514852 2401.62411/29/2021 Shop Materials Gen/Adm-Central Services 31.05 SUPPLIES 326727 5094443 6602.623012/31/2020 Repair/Maintenance Supplies-Ge Equipment Repair & Maint. 11.61 SUPPLIES 326728 3010521 6602.623012/31/2020 Repair/Maintenance Supplies-Ge Equipment Repair & Maint. 89.25 SUPPLIES 326729 4090516 6603.62331/29/2021 Building Repair Supplies Building Repair & Maint. 189.94 RANGE MATERIAL 326730 8094214 1104.622812/31/2020 Ammunition Patrolling/Traffic 23.55 SNOW SWEEPER 326731 2340063 1104.622612/31/2020 Public Safety Supplies Patrolling/Traffic 56.65 SAND/ICE MELT 326732 7194903 1104.62281/29/2021 Ammunition Patrolling/Traffic 1,593.78 217977 1/29/2021 143243 IMPACT PROVEN SOLUTIONS 1/28/2021City of Eagan 17:08:54R55CKR2LOGIS102V 8Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 217977 1/29/2021 143243 IMPACT PROVEN SOLUTIONS Continued... 1,647.76 UTILITY BILL PRINT/MAIL - DEC 326804 151163 6201.653512/31/2020 Other Contractual Services San Sewer-Administration 1,647.76 UTILITY BILL PRINT/MAIL - DEC 326804 151163 6101.653512/31/2020 Other Contractual Services Water -Administration 3,295.52 217978 1/29/2021 101833 INVER GROVE HEIGHTS, CITY OF 76.80 STORMWATER CHARGES 326876 05-18573-01-122 820 6401.631012/31/2020 Professional Services-General Storm Sewer-Administration 76.80 217979 1/29/2021 156922 J.R. STEIZER CO 39,692.50 FINAL PAYMENT 326805 112520 6129.6630 P139612/31/2020 Other Improvements Reservior Maintenance/Repair 39,692.50 217980 1/29/2021 157972 JOHNSON, ALEX 100.00 15226-OVRPMNT 4158 MEADOWLARK 326806 010621 9220.22501/27/2021 Escrow Deposits Public Utilities 100.00 217981 1/29/2021 146762 KRAFT CONTRACTING & MECHANICAL LLC 380.18 BOILER REPAIR PARTS NTP 326877 20719 6146.64271/27/2021 Building Operations/Repair-Lab North Plant Building 380.18 217982 1/29/2021 150483 KROEGER,MICHAEL 200.00 EAB COST SHARE 326807 2021 EAB-ASH TREE REMOVAL 3209.68601/27/2021 Contributions/Cost Sharing Pay Plant Inspections-Private Prop 200.00 217983 1/29/2021 100110 LITTLE FALLS MACHINE INC. 1,528.37 FALLS INVOICE.326808 360200 9001.14151/27/2021 Inventory - Parts General Fund 1,528.37 217984 1/29/2021 100115 M A M A 45.00 MAMA, DUES MILLER 326809 2021-MILLER 0201.64791/27/2021 Dues and Subscriptions General & Admn-Admn 45.00 217985 1/29/2021 149504 MACQUEEN EMERGENCY GROUP 556.89 SCBA REPAIR 326810 16659 1225.62341/27/2021 Field/Other Equipment Repair Fire / EMS Equipment 337.82-RETURNED 326878 P04517 9001.141512/31/2020 Inventory - Parts General Fund 219.07 217986 1/29/2021 157976 MANKOVICH, JACOB 1/28/2021City of Eagan 17:08:54R55CKR2LOGIS102V 9Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 217986 1/29/2021 157976 MANKOVICH, JACOB Continued... 143.53 15226-OVRPMNT 3974 THAMES AVE 326811 010621 9220.22501/27/2021 Escrow Deposits Public Utilities 143.53 217987 1/29/2021 139121 MARCO INC. 7,184.16 COPIERS/PRINTERS 326812 28575727 0301.65691/27/2021 Maintenance Contracts IT-Gen & Admn 117.95 COPIERS/PRINTERS 326812 28575727 6501.65691/27/2021 Maintenance Contracts G/A - Water Quality 789.37 COPIERS/PRINTERS 326812 28575727 6101.65691/27/2021 Maintenance Contracts Water -Administration 124.30 COPIERS/PRINTERS 326812 28575727 6601.65691/27/2021 Maintenance Contracts General/Administrative-Arena 857.42 COPIERS/PRINTERS 326812 28575727 6801.65691/27/2021 Maintenance Contracts General & Administrative 9,073.20 217988 1/29/2021 151196 METLIFE 721.50 LEGAL SERVICE EE BENEFIT 326813 64018495 9592.20351/27/2021 Ded Payable-Met Law Benefit Accrual 721.50 LEGAL SERVICE EE BENEFIT 326814 64018494 9592.203512/31/2020 Ded Payable-Met Law Benefit Accrual 1,443.00 217989 1/29/2021 100710 METRO COUNCIL ENVIRONMENTAL SVCS 470,499.21 WASTEWATER - FEB SERVICES 326879 0001118236 6201.65751/27/2021 MCES Disposal Charges San Sewer-Administration 470,499.21 217990 1/29/2021 146784 MID NORTHERN SERVICES 180.00 TRBLSHT SIGNAL LUMINAIRE YDR 326920 24740 6301.64321/28/2021 Utility System Repair-Labor Street Lighting 876.00 TEMP REPAIRS #J2 326921 24741 6301.64321/28/2021 Utility System Repair-Labor Street Lighting 1,056.00 217991 1/29/2021 100133 MIKES SHOE REPAIR 120.00 UNIFORM BOOTS-PALM 326815 12232020 1221.622412/31/2020 Clothing/Personal Equipment Administration-Fire 25.00 GEAR REPAIR-HOFFMAN 326816 1142021 1225.62241/27/2021 Clothing/Personal Equipment Fire / EMS Equipment 145.00 217992 1/29/2021 120087 MN ENERGY RESOURCES CORP 556.69 EAGAN OUTLETS COMMONS 326817 0504332209-0000 1-JAN21 9116.64101/27/2021 Natural Gas Service Cedar Grove Parking Garage 2,451.90 PUBLIC WORKS GARAGE 326818 0505182087-0000 1-JAN21 3304.64101/27/2021 Natural Gas Service Bldg/Facilities Maintenance 871.07 EAGAN OUTLETS 326819 0507382197-0000 1-JAN21 9116.64101/27/2021 Natural Gas Service Cedar Grove Parking Garage 289.93 FIRE STATION 3 326820 0502709856-0000 1-JAN21 3313.64101/27/2021 Natural Gas Service Fire Buildings 205.88 PUMPHOUSE 2 326821 0503993940-0000 6146.64101/27/2021 Natural Gas Service North Plant Building 1/28/2021City of Eagan 17:08:54R55CKR2LOGIS102V 10Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 217992 1/29/2021 120087 MN ENERGY RESOURCES CORP Continued... 1-JAN21 90.63 TRAPP FARM PARK 326822 0506168916-0000 3-JAN21 3106.64101/27/2021 Natural Gas Service Structure Care & Maintenance 7,291.12 NORTH TREATMENT PLANT 326823 0505460873-0000 1-JAN21 6146.64101/27/2021 Natural Gas Service North Plant Building 139.62 WELL #3 326824 0505460873-0000 2-JAN21 6146.64101/27/2021 Natural Gas Service North Plant Building 107.76 HOLZ FARM 326825 0506678453-0000 1-JAN21 3106.64101/27/2021 Natural Gas Service Structure Care & Maintenance 12,004.60 217993 1/29/2021 117900 MN GLOVE, INC. 21.88 CLOTHING ALLOWANCE - GIEBEL 326880 327293 6201.21151/27/2021 Clothing Allowance San Sewer-Administration 256.84 CLOTHING ALLOWANCE - HOLTZ 326881 327294 6201.21151/27/2021 Clothing Allowance San Sewer-Administration 278.72 217994 1/29/2021 156318 MOHS CONTRACTING INC 127,055.24 DESTALLPLAYMOHSCONSTRUCTION 326922 12312020 2811.675612/31/2020 Building & Structures Woodhaven Park 127,055.24 217995 1/29/2021 143252 MOSS & BARNETT 592.00 CENTURYLINK LEGAL REVIEW 326826 742462 9701.631112/31/2020 Legal PEG-eligible 592.00 217996 1/29/2021 102211 MUNICIPAL LEGISLATIVE COMM 10,500.00 MLC, 2021 DUES 326828 2021-5 0201.65351/27/2021 Other Contractual Services General & Admn-Admn 10,500.00 217997 1/29/2021 106859 MUSCO SPORTS LIGHTING 405.39 NV BALLFIELD LIGHTS 326829 344646 3109.62341/27/2021 Field/Other Equipment Repair Lighting Maintenance 405.39 217998 1/29/2021 100659 NC PERS GROUP LIFE-MN 704.00 PAYROLL ENDING 1/16/21 326708 LIFE INS/PERA 1/16/21 9592.20211/29/2021 Ded Payable - Insurance Benefit Accrual 704.00 217999 1/29/2021 157410 NORTHFIELD SOLAR LLC 4,003.57 ECC ELECTRICITY DEC 20 326830 0000022 6824.640512/31/2020 Electricity Utilities 4,003.57 1/28/2021City of Eagan 17:08:54R55CKR2LOGIS102V 11Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 217999 1/29/2021 157410 NORTHFIELD SOLAR LLC Continued... 218000 1/29/2021 156621 NTK EARTHWORKS LLC 207,046.20 DESTALLPLAYNTK CONTRACT 326831 01042021 2811.67531/27/2021 Grading Woodhaven Park 207,046.20 218001 1/29/2021 153745 OENNING, DARREN 210.23 OW COST SHARE 326832 OAK WILT-PSP TREE REMOVAL 3209.68601/27/2021 Contributions/Cost Sharing Pay Plant Inspections-Private Prop 210.23 218002 1/29/2021 108599 OFFICE DEPOT, INC. 29.38 DATE STAMPS 326833 147744789001 0501.62101/27/2021 Office Supplies General & Admn-Finance 29.99 USB DRIVES 326834 151374991001 0401.62101/27/2021 Office Supplies General & Admn-City Clerk 59.37 218003 1/29/2021 157408 OLSON, KEITH D & LISA M 448.59 OW COST SHARE 326835 OAK WILT-PSP TREE REMOVAL 3209.68601/27/2021 Contributions/Cost Sharing Pay Plant Inspections-Private Prop 448.59 218004 1/29/2021 113081 OVERHEAD DOOR CO. OF THE NORTHLAND 234.00 NTP GARAGE REMOTES 326836 119643 6146.64271/27/2021 Building Operations/Repair-Lab North Plant Building 234.00 218005 1/29/2021 115253 PELLICCI ACE HARDWARE 109.91 TOOL BAG ITEMS E-4 326837 20612/E 1225.62301/27/2021 Repair/Maintenance Supplies-Ge Fire / EMS Equipment 53.66 EXT CORD REPAIR 326838 20630 /E 1225.62341/27/2021 Field/Other Equipment Repair Fire / EMS Equipment 163.57 218006 1/29/2021 100310 POSTMASTER 10,300.00 POSTAGE FOR FEB-MAY EXP. EAGAN 326839 011721 0902.63461/27/2021 Postage Experience Eagan Newsletter 10,300.00 218007 1/29/2021 139219 Q3 CONTRACTING 1,465.32 STREET SIGNS FOR RESIDENT DEVE 326923 TMN2762697 9001.2245 J03011/28/2021 Escrow - Private Development F General Fund 627.99 STREET SIGN INSTALLATIONS 326924 TMN2762696 9001.2245 J04021/28/2021 Escrow - Private Development F General Fund 2,093.31 218008 1/29/2021 157995 RAMSEY, KOFI 251.22 15226-OVRPMNT 1069 KEEFE ST 326840 010621 9220.22501/27/2021 Escrow Deposits Public Utilities 1/28/2021City of Eagan 17:08:54R55CKR2LOGIS102V 12Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218008 1/29/2021 157995 RAMSEY, KOFI Continued... 251.22 218009 1/29/2021 143557 RANDSTAD (R) 1,465.36 ADMIN ASSIST 01/03-01/09/2021 326841 R28132542 9695.65611/27/2021 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 1,466.46 ADMIN ASSIST 1/10-1/16/2021 326842 R28172607 9695.65611/27/2021 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 2,931.82 218010 1/29/2021 100169 RATWIK ROSZAK ETAL 879.20 OUTSIDE LEGAL SERVICES 326843 68065 0603.631112/31/2020 Legal Outside Legal Counsel 879.20 218011 1/29/2021 106861 RIHM KENWORTH 187.93 INVENTORY 326844 2076405A 9001.14151/27/2021 Inventory - Parts General Fund 187.93 218012 1/29/2021 157184 RIMFLOW INC 16,696.37 COPING STONE REPLACEMENT 326845 RF2034-C5 6724.67101/27/2021 Project - Contract Capital Replacement(Cr 1114) 16,696.37 218013 1/29/2021 146587 ROBERTS-HAMILTON SOUTH 329.20 METER REPLACEMENT 326846 S016106558.001 6161.62601/27/2021 Utility System Parts/Supplies Meter Replacement 3.61 HARDWARE 326847 S016137478.001 3106.62331/27/2021 Building Repair Supplies Structure Care & Maintenance 332.81 218014 1/29/2021 139237 SAFARILAND LLC (R) 785.81 NIK TEST U 326848 I010-344227 9695.62201/27/2021 Operating Supplies - General Dakota Co Drug Task Force 785.81 218015 1/29/2021 100683 SAMS CLUB GECF 59.58 COFFEE 326733 000000-122920 1101.621012/31/2020 Office Supplies General/Admn-Police 27.83 SUPPLIES 326734 000000-010521 3079.62271/29/2021 Recreation Equipment/Supplies Special Events 74.88 FORKS/SPOONS/PLATES/NAPKINS 326735 000000-011121 1101.62101/29/2021 Office Supplies General/Admn-Police 27.83-SUPPLIES 326736 000000-011321 3079.62271/29/2021 Recreation Equipment/Supplies Special Events 60.87 SUPPLIES 326737 000000-01132021 3079.62271/29/2021 Recreation Equipment/Supplies Special Events 100.24 SUPPLIES 326738 000000-011921 1153.62261/29/2021 Public Safety Supplies Civil Disturbance Management 295.57 218016 1/29/2021 119433 SCOTT COUNTY TREASURER (R) 233.20 20% FORFEITURE 326849 012521 9695.219212/31/2020 Due to County Govt Dakota Co Drug Task Force 233.20 1/28/2021City of Eagan 17:08:54R55CKR2LOGIS102V 13Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218016 1/29/2021 119433 SCOTT COUNTY TREASURER (R)Continued... 218017 1/29/2021 158019 SEDGWICK HEATING & A/C 59.00 PLUMBING PERMIT 326928 166469 0801.40871/28/2021 Plumbing General & Admn-Protective Insp 1.00 PLUMBING PERMIT REFUND 326928 166469 9001.21951/28/2021 Due to State - Permit Surcharg General Fund 60.00 218018 1/29/2021 157961 SIOUX CORPORATION 18,872.52 STEAMER 326882 184130 6438.668012/31/2020 Mobile Equipment Storm Main Maintenance/Repair 18,872.52 218019 1/29/2021 151416 SMART DELIVERY SERVICE INC 206.40 INTEROFFICE MAIL 1-15-21 326850 74601 0401.65351/27/2021 Other Contractual Services General & Admn-City Clerk 206.40 218020 1/29/2021 158006 SOSA JR, DANILO 175.00 15226-OVRPMNT 1747 FLAMINGO DR 326851 010621 9220.22501/27/2021 Escrow Deposits Public Utilities 175.00 218021 1/29/2021 114471 SPRINT 42.24 POLICE STREET POST 326852 204988812-158 1104.63491/27/2021 Teleprocessing Equipment Patrolling/Traffic 42.24 218022 1/29/2021 119295 STATE OF MINNESOTA-GENERAL FUND(R) 4,505.57 10% FORFEITURE 326853 012521 9695.219112/31/2020 Due to State Govt Dakota Co Drug Task Force 4,505.57 218023 1/29/2021 127800 SUPERIOR MECHANICAL COLLISION 69.99 COMMERCIAL LABOR 1115 326854 0153506 9001.141512/31/2020 Inventory - Parts General Fund 69.99 218024 1/29/2021 102719 TODD COUNTY CLERK OF COURT 200.00 JOSEPH GERARD DVORAK 326855 233427 9001.22601/27/2021 Bail Deposits General Fund 200.00 218025 1/29/2021 100543 TOTAL CONTROL SYSTEMS INC 5,499.16 3 DAYS SCADA WORK 326856 9640 6148.64321/27/2021 Utility System Repair-Labor North Well Field 12,163.00 FAULTY POWER MONITORS 326883 9630 6146.62331/27/2021 Building Repair Supplies North Plant Building 17,662.16 218026 1/29/2021 155501 TUIONE, TODD 1/28/2021City of Eagan 17:08:54R55CKR2LOGIS102V 14Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218026 1/29/2021 155501 TUIONE, TODD Continued... 100.00 LICENSE RENEWAL 326857 120120 6101.648012/31/2020 Licenses, Permits and Taxes Water -Administration 100.00 218027 1/29/2021 100228 TWIN CITY GARAGE DOOR CO 62.50 BUILDING PERMIT BASE FEE 326929 166516 0801.40851/28/2021 Building General & Admn-Protective Insp .75 BUILDING PERMIT 326929 166516 9001.21951/28/2021 Due to State - Permit Surcharg General Fund 63.25 218028 1/29/2021 115307 ULINE (R) 176.69 DESK THERMAL TRANSFER LABEL 326858 128322531 9695.62201/27/2021 Operating Supplies - General Dakota Co Drug Task Force 176.69 218029 1/29/2021 100464 VALLEY-RICH COMPANY INC 3,634.00 MAINBREAK REPAIR 326859 29080 6160.643212/31/2020 Utility System Repair-Labor Main Maintenance/Repair 5,994.39 MAINBREAK REPAIR 326860 29068 6160.643212/31/2020 Utility System Repair-Labor Main Maintenance/Repair 3,825.82 CURBSTOP REPAIR 326861 29051 6130.643212/31/2020 Utility System Repair-Labor Curb Stop Inspctn/Maint/Repair 4,060.00 MAINBREAK REPAIR 326862 29102 6160.643212/31/2020 Utility System Repair-Labor Main Maintenance/Repair 17,514.21 218030 1/29/2021 100236 VAN PAPER 94.48 BUILDING CLEANING SUPPLIES 326863 563715-00 6603.62231/27/2021 Building/Cleaning Supplies Building Repair & Maint. 94.48 218031 1/29/2021 158030 VRIEZE, MARTIN 59.00 PLUMBING PERMIT 326930 166272 0801.40871/28/2021 Plumbing General & Admn-Protective Insp 1.00 PLUMBING PERMIT REFUND 326930 166272 9001.21951/28/2021 Due to State - Permit Surcharg General Fund 60.00 218032 1/29/2021 100706 WAL MART 10.96 BATTERIES 326739 000000-122920 1104.622012/31/2020 Operating Supplies - General Patrolling/Traffic 26.25 SUPPLIES 326740 000000-010621 3057.62271/29/2021 Recreation Equipment/Supplies Preschool Programs 29.70 SUPPLIES FOR DRINKING CLASS 326741 000000-011121 1104.64761/29/2021 Conferences/Meetings/Training Patrolling/Traffic 6.76 SUPPLIES FOR DRINKING CLASS 326742 000000-01112021 1104.64761/29/2021 Conferences/Meetings/Training Patrolling/Traffic 1.34 SUPPLIES FOR DRINKING CLASS 326743 000000-011221 1104.64761/29/2021 Conferences/Meetings/Training Patrolling/Traffic 1.98 SUPPLIES FOR DRINKING CLASS 326744 000000-01122021 1104.64761/29/2021 Conferences/Meetings/Training Patrolling/Traffic 76.99 218033 1/29/2021 102416 WAL MART VISION CENTER 71.26 SCBA EYE INSERTS - KELLER 326864 1417712 1225.62241/27/2021 Clothing/Personal Equipment Fire / EMS Equipment 71.26 1/28/2021City of Eagan 17:08:54R55CKR2LOGIS102V 15Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218033 1/29/2021 102416 WAL MART VISION CENTER Continued... 218034 1/29/2021 157076 WALCOTT SOLAR LLC 47.91 CENTRAL PARK PUMP STATN DEC20 326865 0000023 3186.640512/31/2020 Electricity Recreation Program Support 103.37 BAND SHELL DEC 20 326865 0000023 3106.640512/31/2020 Electricity Structure Care & Maintenance 2,395.53 ECC ELECTRICITY DEC 20 326865 0000023 6824.640512/31/2020 Electricity Utilities 2,546.81 218035 1/29/2021 156857 WARSAW SOLAR LLC 861.65 ECC ELECTRICITY DEC 20 326866 0000036 6824.640512/31/2020 Electricity Utilities 861.65 218036 1/29/2021 119144 WASTE MANAGEMENT-SAVAGE (R) 774.22 JAN 2021 WASTE MANAGEMENT 326867 8418835-2282-0 9695.65391/27/2021 Waste Removal/Sanitation Servi Dakota Co Drug Task Force 774.22 218037 1/29/2021 138027 WATER CONSERVATION SERVICE INC. 793.94 LEAK DETECTION 326884 1096830968 6160.631012/31/2020 Professional Services-General Main Maintenance/Repair 793.94 218038 1/29/2021 158009 WATERMARK TITLE AGENCY 122.91 15226-OVRPMNT 4032 STONEBRIDGE 326868 010621 9220.22501/27/2021 Escrow Deposits Public Utilities 122.91 218039 1/29/2021 106655 WATRY, PAUL 107.25 UNIFORMS 326869 011821 3170.21151/27/2021 Clothing Allowance General AdmIn-Parks 107.25 218040 1/29/2021 141999 WERNER ELECTRIC SUPPLY 205.60-CREDIT 326870 S010420759.003 6146.62331/27/2021 Building Repair Supplies North Plant Building 1,559.14 PANEL FOR WELL 2 326885 S010417048.001 6148.626012/31/2020 Utility System Parts/Supplies North Well Field 164.37 326886 S010417048.002 6148.623012/31/2020 Repair/Maintenance Supplies-Ge North Well Field 205.60 WRONG ITEMS 326887 S010420759.001 6146.62331/27/2021 Building Repair Supplies North Plant Building 1,723.51 218041 1/29/2021 104542 WSB & ASSOCIATES, INC. 11,344.25 RAHNPARKMGMTWSB CIP 326871 R-017252-000 - 2 2831.675112/31/2020 Design & Engineering (External Rahn Park 4,210.50 DESTALLPLAYWSB MGMT 326872 R-015234-000 - 14 2811.675112/31/2020 Design & Engineering (External Woodhaven Park 6,316.50 GIS CONSULTING 326873 R-017264-000 -0301.656712/31/2020 Contractual Programming/Data P IT-Gen & Admn 1/28/2021City of Eagan 17:08:54R55CKR2LOGIS102V 16Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218041 1/29/2021 104542 WSB & ASSOCIATES, INC.Continued... 1 757.00 DATAFI IMPLEMENTATION 326931 R-016940-000 - 3 6514.647912/31/2020 Dues and Subscriptions NPDES Phase II 22,628.25 1000060 1/29/2021 101697 EAGAN CONVENTION & VISITORS BUREAU 38,836.10 NOV 2020 LODGING TAX 326782 1120 9001.221012/31/2020 Due to Convention Bureau General Fund 1,423.82-COMM CTR - RENT -NOV2020 326782 1120 6801.462112/31/2020 Building Rent General & Administrative 20.01-INTEREST ON NOTE - ECVB NOV20 326782 1120 6801.634712/31/2020 Telephone Service & Line Charg General & Administrative 1,137.52-DUE FROM ECVB-NOV 2020 326782 1120 9337.1386.112/31/2020 Due from ECVB Community Investment 329.14-INTEREST ON NOTE - ECVB NOV20 326782 1120 9337.4613.412/31/2020 Int on IR-ECVB Community Investment 35,925.61 1000061 1/29/2021 119024 MP NEXLEVEL LLC 32,412.75 FIBER TO DEERWOOD - AMI 326827 1120445 6162.6432 P14241/27/2021 Utility System Repair-Labor Meter Reading 32,412.75 20213553 1/29/2021 121803 US BANK - AUTOPAY 240.00 MNSHERASSN TRNG REG 326594 0977 087736 12/23 1101.64761/29/2021 Conferences/Meetings/Training General/Admn-Police 175.00-BCA TRNG REG REFUND 326595 0977 122720 12/27 1104.647612/31/2020 Conferences/Meetings/Training Patrolling/Traffic 620.07 SIRCHIE-LASER TRAJECTORY KIT 326596 5767 098211 12/8 1107.622012/31/2020 Operating Supplies - General Support Services 850.00 MINNESOTA STATE COLLEGES 326597 3993 069156 12/8 1223.64761/29/2021 Conferences/Meetings/Training Training Fire & EMS 465.00 MNSC-FIRE INSPECTOR II CLASS 326598 3993 039529 12/8 1223.64761/29/2021 Conferences/Meetings/Training Training Fire & EMS 425.00-MINNESOTA STATE COLLEGES 326599 3993 224666 12/21 1223.64761/29/2021 Conferences/Meetings/Training Training Fire & EMS 214.21 SAMS CLUB-STATION DORM SUPPLIE 326600 3993 021303 12/30 1221.62201/29/2021 Operating Supplies - General Administration-Fire 25.00 AWWA EXAM PREP 326601 7932 055074 12/10 6203.647612/31/2020 Conferences/Meetings/Training Training & Education 42.24 HOME DEPOT CUSTOMER SERVICE 326602 7932 069384 12/30 6131.623012/31/2020 Repair/Maintenance Supplies-Ge Water Customer Service 120.14 HOME DEPOT-SHOP SUPPLIES 326603 0007 047346 12/10 6827.623312/31/2020 Building Repair Supplies Building Maintenance 14.98-HOME DEPOT-GROUT 326604 0007 111220 12/11 6827.623312/31/2020 Building Repair Supplies Building Maintenance 1/28/2021City of Eagan 17:08:54R55CKR2LOGIS102V 17Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20213553 1/29/2021 121803 US BANK - AUTOPAY Continued... 89.84 HOME DEPOT-WET/DRY VAC 326605 0007 030263 12/11 6827.622312/31/2020 Building/Cleaning Supplies Building Maintenance 23.94-HOME DEPOT-GROUT TOOL 326606 0007 121720 12/17 6827.623312/31/2020 Building Repair Supplies Building Maintenance 5.48-HOME DEPOT-SANDING BLOCKS 326607 0007 12172020 12/17 6827.623312/31/2020 Building Repair Supplies Building Maintenance 82.54 HOME DEPOT-PAINT / GROUT 326608 0007 076347 12/17 6827.623312/31/2020 Building Repair Supplies Building Maintenance 29.42 HOME DEPOT-LIGHT BULBS 326609 0007 037893 12/17 6827.623312/31/2020 Building Repair Supplies Building Maintenance 20.94 HD-BOTTLES HOOKS FOR FITNESS 326610 0007 076112 12/19 6827.623312/31/2020 Building Repair Supplies Building Maintenance 230.00 SYMBOL ARTS-BADGES 326611 2881 005694 12/14 9695.621012/31/2020 Office Supplies Dakota Co Drug Task Force 23.90 USPS 326612 7519 098523 12/7 1104.622412/31/2020 Clothing/Personal Equipment Patrolling/Traffic 8.40 UNIFORM NAMETAPE 326613 7519 073576 12/7 1104.622412/31/2020 Clothing/Personal Equipment Patrolling/Traffic 13.90 TRACTOR SUPPLY-TRACTOR PARTS 326614 2511 096307 1/5 3127.62311/29/2021 Mobile Equipment Repair Parts Equipment Maintenance/Repair 175.00 LMC ELECT LEADER TRNG - SUPINA 326615 2601 040723 12/11 0101.64761/29/2021 Conferences/Meetings/Training Legislative/Policy Development 10.00 DCR 1/8 MTG - HANSEN 326616 2601 058269 12/21 0101.64771/29/2021 Local Meeting Expenses Legislative/Policy Development 15.00 DCR 1/22 MTG - GARY HANSEN 326617 2601 082313 12/29 0101.64771/29/2021 Local Meeting Expenses Legislative/Policy Development 597.00 INVER GROVE HEIGHTS ANIMAL 326618 3727 069050 12/22 1104.632512/31/2020 Vet/Kennel Charge/Animal Dispo Patrolling/Traffic 626.50 SOMERSET ANIMAL HOSPITAL 326619 3727 094604 12/28 1104.632512/31/2020 Vet/Kennel Charge/Animal Dispo Patrolling/Traffic 60.00-SOMERSET ANIMAL HOSPITAL 326620 3727 058254 12/30 1104.632512/31/2020 Vet/Kennel Charge/Animal Dispo Patrolling/Traffic 46.00 MCFOA MEMBERSHIP - TIMM 326621 2760 007028 12/7 0401.64791/29/2021 Dues and Subscriptions General & Admn-City Clerk 46.00 MCFOA MEMBERSHIP - DUEVEL 326622 2760 088877 12/7 0401.64791/29/2021 Dues and Subscriptions General & Admn-City Clerk 46.00 MCFOA MEMBERSHIP - SCIPIONI 326623 2760 049098 12/7 0401.64791/29/2021 Dues and Subscriptions General & Admn-City Clerk 3.01 DMV SURCHARGE 326624 2760 000309 12/15 3124.648012/31/2020 Licenses, Permits and Taxes Court Maintenance/Set-up 1/28/2021City of Eagan 17:08:54R55CKR2LOGIS102V 18Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20213553 1/29/2021 121803 US BANK - AUTOPAY Continued... 50.00 DMV SURCHARGE 326624 2760 000309 12/15 6241.668012/31/2020 Mobile Equipment Sewer Service Inspectn/Repair 50.00 DMV SURCHARGE 326624 2760 000309 12/15 3531.668012/31/2020 Mobile Equipment Equip Rev Fd-Dept 31 20.50 DMV FEES 326625 2760 021159 12/15 3124.648012/31/2020 Licenses, Permits and Taxes Court Maintenance/Set-up 1,884.46 DMV FEES 326625 2760 021159 12/15 6241.668012/31/2020 Mobile Equipment Sewer Service Inspectn/Repair 2,231.99 DMV FEES 326625 2760 021159 12/15 3531.668012/31/2020 Mobile Equipment Equip Rev Fd-Dept 31 3.80 USPS RAMSEY CNTY ATTORNEY 326626 5959 069997 12/18 9695.634612/31/2020 Postage Dakota Co Drug Task Force 150.00 MOCIC 2021 MEMBERSHIP 326627 5959 062214 12/31 9695.64791/29/2021 Dues and Subscriptions Dakota Co Drug Task Force 50.00 MICROSOFCONF TELEPHONE CHARGES 326628 6179 081819 12/7 0301.634712/31/2020 Telephone Service & Line Charg IT-Gen & Admn 323.80 SITEGROUND-ANNUAL SOFT MAINT 326629 6179 013123 12/14 0301.65691/29/2021 Maintenance Contracts IT-Gen & Admn 1,423.80 SITEGROUND-ANNUAL SOFT MAINT 326630 6179 094328 12/14 0301.65691/29/2021 Maintenance Contracts IT-Gen & Admn 107.11 APP FOR IPAD-CRESTRON 326631 6179 038269 12/14 0301.62701/29/2021 Computer Software IT-Gen & Admn 961.98 MICRO CENTER-PC PURCHASE 326632 6179 079934 12/29 9701.666012/31/2020 Office Furnishings & Equipment PEG-eligible 19.95 PAYFLOW/PAYPAL-CC CHARGES 326633 6179 022601 1/4 0301.65691/29/2021 Maintenance Contracts IT-Gen & Admn 700.00 WAL-MART MISC.SHOP W/ COP 326634 4819 031133 12/17 1104.647512/31/2020 Miscellaneous Patrolling/Traffic 7.49 AMAZON - ERROR CHARGE 326635 4868 036020 12/15 9001.22501/29/2021 Escrow Deposits General Fund 30.00 LMC-2021 WINTER PDW-MILLER 326636 1104 000475 12/29 0201.64761/29/2021 Conferences/Meetings/Training General & Admn-Admn 293.32 HACH-CALIBRATION SUPPLIES 326637 3540 079022 12/31 6528.62201/29/2021 Operating Supplies - General Basin Mgmt-Water Spl/Studies/M 150.00 DELANEY-VIRTUAL FW CONFERENCE 326638 3540 003184 1/4 6511.64761/29/2021 Conferences/Meetings/Training Training/Conferences/Schools 27.38 ALDI-SNOWMAN AND PENGUIN SNACK 326639 7790 075919 12/10 3057.622712/31/2020 Recreation Equipment/Supplies Preschool Programs 6.50 SCHOLASTIC 1 MORE BOOK 326640 7790 065711 12/15 3057.622712/31/2020 Recreation Equipment/Supplies Preschool Programs 29.95 THE MAILBOX PRESCHOOL SUBSCRI 326641 7790 096810 3057.62271/29/2021 Recreation Equipment/Supplies Preschool Programs 1/28/2021City of Eagan 17:08:54R55CKR2LOGIS102V 19Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20213553 1/29/2021 121803 US BANK - AUTOPAY Continued... 12/15 45.99 BROWNELL'S GUN CLEANING EQUIPM 326642 3701 081876 12/10 1104.622812/31/2020 Ammunition Patrolling/Traffic 346.44 OAKLEY SAFETY GLASSES 326643 3701 044765 12/10 1104.622612/31/2020 Public Safety Supplies Patrolling/Traffic 700.79 4IMPRINT - USSSA 326644 8676 096404 12/17 3001.225012/31/2020 Escrow Deposits General/Admn-Recreation 31.86 AMAZON - OFFICE SUPPLIES 326645 8676 018500 12/27 6801.621012/31/2020 Office Supplies General & Administrative 373.88 HOME DEPOT-POWERWASHER K9 326646 4884 049913 12/7 1104.622612/31/2020 Public Safety Supplies Patrolling/Traffic 261.09 BOUNDTREE-SWAT MEDIC 326647 8997 041227 12/22 1104.62241/29/2021 Clothing/Personal Equipment Patrolling/Traffic 16.90 TOTALSTICKERS- MFF HELMETS 326648 8997 080588 12/30 1153.62241/29/2021 Clothing/Personal Equipment Civil Disturbance Management 42.38 MN DVS-SQUAD LICENSE 326649 8997 061466 1/4 1104.64801/29/2021 Licenses, Permits and Taxes Patrolling/Traffic 1,701.91 MN DVS-SQUAD LICENSE 326650 8997 021303 1/4 3511.66801/29/2021 Mobile Equipment Equip Rev Fd-Dept 11 287.96 5.11 INC-PANTS 326651 0943 084098 12/17 1221.622412/31/2020 Clothing/Personal Equipment Administration-Fire 415.00 HELPERTEC-IPAD REPAIR 2020 326652 4872 039535 12/9 0801.667012/31/2020 Other Equipment General & Admn-Protective Insp 680.00 2021 U OF MN ICC INST-SCHOEPPN 326653 4872 016555 12/10 0801.64761/29/2021 Conferences/Meetings/Training General & Admn-Protective Insp 85.00 2021 U OF MN ICC INST-PETERSON 326654 4872 093897 12/10 0801.64761/29/2021 Conferences/Meetings/Training General & Admn-Protective Insp 100.00 2021 U OF MN ICC INST-PETERSON 326655 4872 028814 12/29 0801.64761/29/2021 Conferences/Meetings/Training General & Admn-Protective Insp 440.81 BLUEBEAM - SARAH BRANDEL 326656 4872 009521 12/31 0801.66701/29/2021 Other Equipment General & Admn-Protective Insp 45.00 SUNTHISWK SBSCRIP 2021-YR ORG 326657 9854 046213 12/7 0901.64791/29/2021 Dues and Subscriptions Gen & Admin-Communications 159.00 PREZI-PRESENT-ORGSUBSCRP2021 326658 9854 081909 1/5 0901.62701/29/2021 Computer Software Gen & Admin-Communications 336.00 SURVEYMONKEY TOOL FOR ORG 2021 326659 9854 098978 1/5 0901.62701/29/2021 Computer Software Gen & Admin-Communications 500.00 BCA TRAINING-MOSENG 326660 4934 039568 12/9 1104.64761/29/2021 Conferences/Meetings/Training Patrolling/Traffic 250.00 BCA TRAINING-ALDRICH 326661 4934 097261 12/24 1104.64761/29/2021 Conferences/Meetings/Training Patrolling/Traffic 250.00 BCA TRAINING-KITTELSON 326662 4934 005482 12/24 1104.64761/29/2021 Conferences/Meetings/Training Patrolling/Traffic 1/28/2021City of Eagan 17:08:54R55CKR2LOGIS102V 20Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20213553 1/29/2021 121803 US BANK - AUTOPAY Continued... 375.00 BCA TRAINING-ALDRICH 326663 4934 048632 1/4 1104.64761/29/2021 Conferences/Meetings/Training Patrolling/Traffic 375.00 BCA TRAINING-KITTELSON 326664 4934 017817 1/4 1104.64761/29/2021 Conferences/Meetings/Training Patrolling/Traffic 738.67 ZZQ-WORKING LUNCH FOR CREWS 326665 7328 082840 12/24 1221.622012/31/2020 Operating Supplies - General Administration-Fire 2.30 COMCAST FOR LOBBY TV 326666 1527 006706 1/3 9701.64751/29/2021 Miscellaneous PEG-eligible 29.00 ENVATO VIDEO TEMPLATES MONTHLY 326667 1527 005593 1/5 9701.63101/29/2021 Professional Services-General PEG-eligible 382.91 TRAINING SUPPLIES- TOOLS 326668 8676 068391 12/8 1223.622012/31/2020 Operating Supplies - General Training Fire & EMS 20.28 CLEAN N PRESS-RETURNED ITEM 326669 8676 038950 12/14 1221.622412/31/2020 Clothing/Personal Equipment Administration-Fire 96.40 OD-ERGO FLOOR MAT STAND-P DESK 326670 8676 039504 12/17 1225.623412/31/2020 Field/Other Equipment Repair Fire / EMS Equipment 47.25 DAK CTY-MONITOR RECYCLING 326671 8676 036393 12/31 1221.666012/31/2020 Office Furnishings & Equipment Administration-Fire 21.64 WALMART-SUPPLIES 326672 5550 002928 1/4 6716.62201/29/2021 Operating Supplies - General General Administration 75.37 KEGWORKS-ICE SCOOPER 326673 7518 007185 12/22 1104.62201/29/2021 Operating Supplies - General Patrolling/Traffic 3.13-STPAUL STAMPWORKS NOTARY STAMP 326674 7518 123020 12/30 1107.621012/31/2020 Office Supplies Support Services 1,206.98 TRAIL STOP-SENIOR LUNCH 326675 8588 051286 12/22 3078.22501/29/2021 Escrow Deposits Senior Citizens .62 DVS TITLE FEE 326676 7527 020591 12/22 9115.648012/31/2020 Licenses, Permits and Taxes DWI Forfeiture 25.00 DVS TITLE FEE 326677 7527 038686 12/22 9115.648012/31/2020 Licenses, Permits and Taxes DWI Forfeiture 80.00 MN SHERIFFS ASSOCIATION 326678 7527 042126 12/23 1104.64761/29/2021 Conferences/Meetings/Training Patrolling/Traffic 729.94 SPORTMANS GUIDE SWAT BOOTS 326679 4926 070577 12/8 1104.622412/31/2020 Clothing/Personal Equipment Patrolling/Traffic 119.98 CABELA'S SWAT RAIN COATS 326680 4926 057868 12/9 1104.622412/31/2020 Clothing/Personal Equipment Patrolling/Traffic 764.55-MARLOW WHITE HONOR GUARD 326681 4926 121420 12/14 1104.622412/31/2020 Clothing/Personal Equipment Patrolling/Traffic 910.00 BLUE DEFENSE SWAT BOOTS 326682 4926 061375 12/21 1104.622412/31/2020 Clothing/Personal Equipment Patrolling/Traffic 263.81 FS SOLUTIONS DRUG SCREENS 326683 7215 000591 12/8 1001.631812/31/2020 Medical Services - Physical Ex General/Admn-Human Resources 249.79 AMAZON LONGEVITY FRAMES, GC 326684 7215 096350 12/14 1001.637012/31/2020 General Printing and Binding General/Admn-Human Resources 1/28/2021City of Eagan 17:08:54R55CKR2LOGIS102V 21Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20213553 1/29/2021 121803 US BANK - AUTOPAY Continued... 22.75 POSTAGE E-ONE 326685 2281 009502 12/22 1221.634612/31/2020 Postage Administration-Fire 115.28 LAUNDRY DET.326686 4320 007146 12/8 6827.622012/31/2020 Operating Supplies - General Building Maintenance 35.24 KAT KEYS-KEYS 326687 4320 022673 12/28 9116.622012/31/2020 Operating Supplies - General Cedar Grove Parking Garage 20.00 FACEBOOK AD 326688 5882 079134 12/16 9701.635712/31/2020 Advertising/Publication PEG-eligible 16.06 ZOOM FOR REMOTE PRODUCTIONS 326689 5882 065087 12/23 9701.63101/29/2021 Professional Services-General PEG-eligible 800.00 WALMART-SHOP W COP 326690 0836 048831 12/17 1104.647512/31/2020 Miscellaneous Patrolling/Traffic 898.99 JIMMY JOHN-MFF LUNCH 326691 0836 079159 12/17 1153.652012/31/2020 Major Investigation Expenses Civil Disturbance Management 500.00 CUB-SHOP WITH COP 326692 0836 046658 12/17 1104.647512/31/2020 Miscellaneous Patrolling/Traffic 1,614.99 WARNER STALLION-EOC FRIDGE 326693 0836 055197 12/18 1110.666012/31/2020 Office Furnishings & Equipment Animal Control 36.00 ZENSAH SAFETY SUPPLY 326694 9667 052967 12/31 3170.62221/29/2021 Medical/Rescue/Safety Supplies General AdmIn-Parks 37.00 SURVEY MONKEY MONTHLY FEE 326695 5412 088044 12/20 3001.64791/29/2021 Dues and Subscriptions General/Admn-Recreation 15.90 WAL-MART RANGE SUPPLIES 326696 4959 051769 12/11 1104.622812/31/2020 Ammunition Patrolling/Traffic 330.00 WHENTOWORK-SCHEDULING SOFTWARE 326697 6884 063509 12/19 6601.65691/29/2021 Maintenance Contracts General/Administrative-Arena 26.77 BEST BUY-USB CONVERTER SWITCH 326698 5528 092931 12/7 1104.622612/31/2020 Public Safety Supplies Patrolling/Traffic 25.00 STI GPS TRACKER 326699 5528 004227 12/26 1105.645712/31/2020 Machinery & Equipment-Rental Investigation/Crime Prevention 69.62 YOUTUBE TV 326700 5528 064475 12/26 1104.65691/29/2021 Maintenance Contracts Patrolling/Traffic 50.00 FACEBOOK AD DISCOVER EAGAN 326701 8178 087765 12/9 0901.635712/31/2020 Advertising/Publication Gen & Admin-Communications 15.95 FB ADS WINTER REGISTRATION 326702 8178 094677 12/15 0901.635712/31/2020 Advertising/Publication Gen & Admin-Communications 450.19 AUTOMATIONDIREWELL 2 AND STOCK 326703 7965 082773 12/29 6148.62601/29/2021 Utility System Parts/Supplies North Well Field 70.00 MFMA MEMBERSHIP 326704 1171 097879 3061.63281/29/2021 Special Events/Admission Fees Market Fest 1/28/2021City of Eagan 17:08:54R55CKR2LOGIS102V 22Page -Council Check Register by GL Check Register w GL Date & Summary 1/29/20211/25/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20213553 1/29/2021 121803 US BANK - AUTOPAY Continued... 12/7 30.46-MENARDS RETURN - INSTAGRAM 326705 1171 375196 12/9 3079.622712/31/2020 Recreation Equipment/Supplies Special Events 18.75 VISME TEMP SOFTWARE 326706 6280 077698 12/13 2201.62201/29/2021 Operating Supplies - General Gen/Adm-Streets 535.32 AMAZON-SCBA MASK BRACKETS 326707 0992 037548 1/5 1225.62341/29/2021 Field/Other Equipment Repair Fire / EMS Equipment 30,183.36 20215101 1/29/2021 100283 BERKLEY ADMINISTRATORS 3,167.00 ADMIN FEE PMT 326932 012721 9593.63871/29/2021 Worker's Comp - Administration Workers' Compensation Self-In 3,167.00 20215202 1/29/2021 100283 BERKLEY ADMINISTRATORS 30,000.00 WC ACCOUNT TRANSFER 326933 01272021 9593.16501/29/2021 Worker's Comp Advance to DCA Workers' Compensation Self-In 30,000.00 20215604 1/29/2021 147907 SELECT ACCOUNT 7,391.48 FLEX REIMBURSEMENT 326934 012821 9592.22151/29/2021 Flex Plan Withholding Payable Benefit Accrual 7,391.48 20218504 1/29/2021 151185 HEALTHPARTNERS INC 4,720.48 DENTAL CLAIMS REIMBURSEMENT 326935 012521 9594.61581/29/2021 Dental Insurance Dental Self-insurance 4,720.48 1,409,237.16 Grand Total Payment Instrument Totals Checks 1,310,715.44 EFT Payments 30,183.36 68,338.36A/P ACH Payment Total Payments 1,409,237.16 1/28/2021City of Eagan 17:08:58R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 1/29/20211/25/2021 - Company Amount 179,968.9009001GENERAL FUND 25.6209115DWI Forfeiture 1,463.0009116CEDAR GROVE PARKING GARAGE 1,748.6909197ETV 752,660.3409220PUBLIC UTILITIES 1,569.1709221CIVIC ARENA 16,718.0109222CASCADE BAY 7,119.9609223CENTRAL PARK /COMMUNITY CENTER 349,656.1909328PARK SYS DEV AND R&R 5,815.7509335EQUIPMENT REVOLVING 1,466.66-09337 COMMUNITY INVESTMENT 709.2409372REVOLVING SAF-CONSTRUCTION 1,396.0009376COMBINED UTILITY TRUNK FUND 10,334.9309592BENEFIT ACCRUAL 33,167.0009593WORKERS' COMPENSATION SELF-INS 4,720.4809594Dental Self-insurance 43,630.5409695DAK CO DRUG TASK FORCE Report Totals 1,409,237.16 2/4/2021City of Eagan 16:17:56R55CKR2 LOGIS102V 1Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218042 2/5/2021 142400 AGASSIZ SEED & SUPPLY 99.00 TUBING HILL 327015 SLNV030620 3130.62512/3/2021 Athletic Field Supplies Recreation Program Support 99.00 218043 2/5/2021 119926 AHLMAN'S SPORTING GOODS 482.00 GUN LIGHTS 327016 146199 1104.62262/3/2021 Public Safety Supplies Patrolling/Traffic 482.00 218044 2/5/2021 100602 AIRGAS NORTH CENTRAL 248.50 WELDING GUN 327203 9109247595 3127.62402/4/2021 Small Tools Equipment Maintenance/Repair 248.50 218045 2/5/2021 101396 ALEX AIR APPARATUS, INC. 270.00 AIR COMPRESSOR REPAIR / TEST 327017 3689 1225.62342/3/2021 Field/Other Equipment Repair Fire / EMS Equipment 270.00 218046 2/5/2021 150476 ALLSTREAM 244.62 TELEPHONE 327018 17299706 0501.63472/3/2021 Telephone Service & Line Charg General & Admn-Finance 288.31 TELEPHONE 327018 17299706 1108.63472/3/2021 Telephone Service & Line Charg Communications 113.58 TELEPHONE 327018 17299706 2460.63472/3/2021 Telephone Service & Line Charg Building And Grounds 69.89 TELEPHONE 327018 17299706 1221.63472/3/2021 Telephone Service & Line Charg Administration-Fire 50.56 TELEPHONE 327018 17299706 3106.63472/3/2021 Telephone Service & Line Charg Structure Care & Maintenance 48.62 TELEPHONE 327018 17299706 0301.63522/3/2021 Telephone Circuits IT-Gen & Admn 48.62 TELEPHONE 327018 17299706 0301.63522/3/2021 Telephone Circuits IT-Gen & Admn 48.63 TELEPHONE 327018 17299706 0301.63522/3/2021 Telephone Circuits IT-Gen & Admn 48.63 TELEPHONE 327018 17299706 0301.63522/3/2021 Telephone Circuits IT-Gen & Admn 47.99 TELEPHONE 327018 17299706 0301.63522/3/2021 Telephone Circuits IT-Gen & Admn 50.56 TELEPHONE 327018 17299706 3106.63472/3/2021 Telephone Service & Line Charg Structure Care & Maintenance 50.56 TELEPHONE 327018 17299706 3106.63472/3/2021 Telephone Service & Line Charg Structure Care & Maintenance 50.56 TELEPHONE 327018 17299706 3106.63472/3/2021 Telephone Service & Line Charg Structure Care & Maintenance 47.99 TELEPHONE 327018 17299706 3106.63472/3/2021 Telephone Service & Line Charg Structure Care & Maintenance 47.99 TELEPHONE 327018 17299706 3106.63472/3/2021 Telephone Service & Line Charg Structure Care & Maintenance 48.38 TELEPHONE 327018 17299706 3106.63472/3/2021 Telephone Service & Line Charg Structure Care & Maintenance 53.83 TELEPHONE 327018 17299706 3106.63472/3/2021 Telephone Service & Line Charg Structure Care & Maintenance 50.56 TELEPHONE 327018 17299706 3106.63472/3/2021 Telephone Service & Line Charg Structure Care & Maintenance 47.99 TELEPHONE 327018 17299706 3304.63472/3/2021 Telephone Service & Line Charg Bldg/Facilities Maintenance 49.27 TELEPHONE 327018 17299706 0301.63522/3/2021 Telephone Circuits IT-Gen & Admn 49.27 TELEPHONE 327018 17299706 0301.63522/3/2021 Telephone Circuits IT-Gen & Admn 50.56 TELEPHONE 327018 17299706 0301.63522/3/2021 Telephone Circuits IT-Gen & Admn 15.13 TELEPHONE 327018 17299706 0501.63472/3/2021 Telephone Service & Line Charg General & Admn-Finance 17.83 TELEPHONE 327018 17299706 1108.63472/3/2021 Telephone Service & Line Charg Communications 2/11/21 2/4/2021City of Eagan 16:17:56R55CKR2LOGIS102V 2Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218046 2/5/2021 150476 ALLSTREAM Continued... 7.02 TELEPHONE 327018 17299706 2460.63472/3/2021 Telephone Service & Line Charg Building And Grounds 4.32 TELEPHONE 327018 17299706 1221.63472/3/2021 Telephone Service & Line Charg Administration-Fire 58.67 TELEPHONE 327018 17299706 9116.63522/3/2021 Telephone Circuits Cedar Grove Parking Garage 58.67 TELEPHONE 327018 17299706 9116.63522/3/2021 Telephone Circuits Cedar Grove Parking Garage 58.67 TELEPHONE 327018 17299706 9116.63522/3/2021 Telephone Circuits Cedar Grove Parking Garage 58.68 TELEPHONE 327018 17299706 9116.63522/3/2021 Telephone Circuits Cedar Grove Parking Garage 58.68 TELEPHONE 327018 17299706 9116.63522/3/2021 Telephone Circuits Cedar Grove Parking Garage 58.68 TELEPHONE 327018 17299706 9116.63522/3/2021 Telephone Circuits Cedar Grove Parking Garage 26.21 TELEPHONE 327018 17299706 6101.63472/3/2021 Telephone Service & Line Charg Water -Administration 48.49 TELEPHONE 327018 17299706 6146.63472/3/2021 Telephone Service & Line Charg North Plant Building 48.50 TELEPHONE 327018 17299706 6146.63472/3/2021 Telephone Service & Line Charg North Plant Building 48.50 TELEPHONE 327018 17299706 6146.63472/3/2021 Telephone Service & Line Charg North Plant Building 48.50 TELEPHONE 327018 17299706 6146.63472/3/2021 Telephone Service & Line Charg North Plant Building 48.50 TELEPHONE 327018 17299706 6146.63472/3/2021 Telephone Service & Line Charg North Plant Building 48.85 TELEPHONE 327018 17299706 6154.63472/3/2021 Telephone Service & Line Charg South Plant Building 48.85 TELEPHONE 327018 17299706 6154.63472/3/2021 Telephone Service & Line Charg South Plant Building 48.84 TELEPHONE 327018 17299706 6154.63472/3/2021 Telephone Service & Line Charg South Plant Building 1.62 TELEPHONE 327018 17299706 6101.63472/3/2021 Telephone Service & Line Charg Water -Administration 34.95 TELEPHONE 327018 17299706 6601.63472/3/2021 Telephone Service & Line Charg General/Administrative-Arena 2.16 TELEPHONE 327018 17299706 6601.63472/3/2021 Telephone Service & Line Charg General/Administrative-Arena 34.95 TELEPHONE 327018 17299706 6716.63472/3/2021 Telephone Service & Line Charg General Administration 2.16 TELEPHONE 327018 17299706 6716.63472/3/2021 Telephone Service & Line Charg General Administration 61.16 TELEPHONE 327018 17299706 6801.63472/3/2021 Telephone Service & Line Charg General & Administrative 3.78 TELEPHONE 327018 17299706 6801.63472/3/2021 Telephone Service & Line Charg General & Administrative 2,559.34 218047 2/5/2021 148129 AMAZON 35.99 HEADSET 326936 436573693898 1105.652012/31/2020 Major Investigation Expenses Investigation/Crime Prevention 33.20 Q-TIPS 326937 577357739336 1104.622812/31/2020 Ammunition Patrolling/Traffic 72.43 SUPPLIES 326938 887938969599 3071.622712/31/2020 Recreation Equipment/Supplies MN State Arts Board 91.34 BOOTS 326939 436568835399 1104.622412/31/2020 Clothing/Personal Equipment Patrolling/Traffic 65.93 WIRELESS MOUSE 326940 674383364753 1107.621212/31/2020 Office Small Equipment Support Services 115.95 CHAINSAW CHAPS 326941 674383647954 2272.622212/31/2020 Medical/Rescue/Safety Supplies Tree Trimming 81.94 SUPPLIES 326942 796586694846 0801.667012/31/2020 Other Equipment General & Admn-Protective Insp 239.04 8 WEBCAMS 326943 893395986944 1118.666012/31/2020 Office Furnishings & Equipment Emergency management 123.79 CHARGER/CELL PHONE STANDS 326944 483499657594 1107.621212/31/2020 Office Small Equipment Support Services 33.98 SUPPLIES 326945 473374897676 1107.621212/31/2020 Office Small Equipment Support Services 276.68 SUPPLIES 326946 489376634897 1107.621212/31/2020 Office Small Equipment Support Services 598.90 PRINTER 326947 576977567897 3001.666012/31/2020 Office Furnishings & Equipment General/Admn-Recreation 2/4/2021City of Eagan 16:17:56R55CKR2LOGIS102V 3Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218047 2/5/2021 148129 AMAZON Continued... 239.99 SUPPLIES 326948 596496977387 1107.621212/31/2020 Office Small Equipment Support Services 34.99 WEBCAM 326949 999777636773 2401.621012/31/2020 Office Supplies Gen/Adm-Central Services 10.75 BIOHAZARD WASTE BAGS 326950 785678994868 6501.622012/31/2020 Operating Supplies - General G/A - Water Quality 25.98 SUPPLIES 326951 946854668448 2401.621012/31/2020 Office Supplies Gen/Adm-Central Services 101.53 SUPPLIES 326952 969848739758 6201.621012/31/2020 Office Supplies San Sewer-Administration 115.95 CHAINSAW CHAPS 326953 437558545658 2272.622212/31/2020 Medical/Rescue/Safety Supplies Tree Trimming 37.36 CHARGERS 326954 533787398974 1104.622012/31/2020 Operating Supplies - General Patrolling/Traffic 22.94 USB CHARGER FOR IPAD 326955 983384964895 0101.666012/31/2020 Office Furnishings & Equipment Legislative/Policy Development 124.99 BOOTS 326956 436635873943 1104.622412/31/2020 Clothing/Personal Equipment Patrolling/Traffic 47.10 SUPPLIES 326957 493379633384 6201.621012/31/2020 Office Supplies San Sewer-Administration 169.99 TOOLS 326958 868339498367 2401.624012/31/2020 Small Tools Gen/Adm-Central Services 31.99 KEYBOARD 326959 799585393677 1107.621212/31/2020 Office Small Equipment Support Services 179.28 WEBCAMS 6 326960 865834948495 1118.666012/31/2020 Office Furnishings & Equipment Emergency management 26.67 SUPPLIES 326961 436349487534 1104.622012/31/2020 Operating Supplies - General Patrolling/Traffic 63.14 SUPPLIES 326962 495657389435 1104.622612/31/2020 Public Safety Supplies Patrolling/Traffic 36.69 SUPPLIES 326963 577758354554 3057.622712/31/2020 Recreation Equipment/Supplies Preschool Programs 59.97 DISPOSABLE GLOVES 326964 465356995883 6501.622012/31/2020 Operating Supplies - General G/A - Water Quality 31.80 BATTERIES 326965 573445553683 6201.621012/31/2020 Office Supplies San Sewer-Administration 179.28 WEBCAMS 6 326966 696745755967 1118.666012/31/2020 Office Furnishings & Equipment Emergency management 32.94 BATTERIES 326967 974395943983 6201.621012/31/2020 Office Supplies San Sewer-Administration 47.90 TRUCK 114 326968 443537567364 9001.141512/31/2020 Inventory - Parts General Fund 730.00-HAND DRYERS REFUND 326969 869843657378 2463.623312/31/2020 Building Repair Supplies Emergency management 11.89 SUPPLIES 326970 536847386354 2401.62412/5/2021 Shop Materials Gen/Adm-Central Services 31.97 SUPPLIES 326971 745878934877 6146.62302/5/2021 Repair/Maintenance Supplies-Ge North Plant Building 38.44 SUPPLIES 326972 748674939895 3081.62272/5/2021 Recreation Equipment/Supplies Arts & Humanities Council 255.47 PARTS 326973 894898595454 9001.14152/5/2021 Inventory - Parts General Fund 39.95 SUPPLIES 326974 668398379464 3057.62272/5/2021 Recreation Equipment/Supplies Preschool Programs 89.54 SHOWER CURTINS 326975 794897966953 1104.62202/5/2021 Operating Supplies - General Patrolling/Traffic 155.70 SUPPLIES 326976 945877593334 6146.62202/5/2021 Operating Supplies - General North Plant Building 17.98 SUPPLIES 326977 473746578939 1105.65202/5/2021 Major Investigation Expenses Investigation/Crime Prevention 137.88 LAMINATOR MACHINE 326978 749869787597 3001.62102/5/2021 Office Supplies General/Admn-Recreation 26.99 SUPPLIES 326979 858986495775 3079.62272/5/2021 Recreation Equipment/Supplies Special Events 3,466.21 218048 2/5/2021 100417 ANCOM COMMUNICATIONS INC 14,975.00 2020 ITEM APPROVED BY COUNCIL 327019 99702 1221.65352/3/2021 Other Contractual Services Administration-Fire 14,975.00 218049 2/5/2021 158033 ANDERSON, WENDY 200.00 EAB COST SHARE 327020 2021 EAB-ASH 3209.68602/3/2021 Contributions/Cost Sharing Pay Plant Inspections-Private Prop 2/4/2021City of Eagan 16:17:56R55CKR2LOGIS102V 4Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218049 2/5/2021 158033 ANDERSON, WENDY Continued... TREE REMOVAL 200.00 218050 2/5/2021 101882 APPLE VALLEY,CITY OF 1,285.67 2020 RANGE ELECTRICITY 326982 7380 1104.640512/31/2020 Electricity Patrolling/Traffic 1,285.67 218051 2/5/2021 144673 ARCADE ELECTRIC 1,467.50 ELECTRICAL REPAIR 327204 12212 6827.65352/4/2021 Other Contractual Services Building Maintenance 1,467.50 218052 2/5/2021 101609 ASPEN WASTE 93.09 DOG PARK TRASH 327023 S1322070-020121 3111.65392/3/2021 Waste Removal/Sanitation Servi Refuse/Waste Control 93.09 218053 2/5/2021 115432 AUDIOVISUAL, INC. 546.78 HDMI DONGLE 327024 88716888 0301.62102/3/2021 Office Supplies IT-Gen & Admn 4,084.00 EDITSHARE 2021 SUPPORT 327025 88717296 9701.65692/3/2021 Maintenance Contracts PEG-eligible 4,630.78 218054 2/5/2021 152589 AXON ENTERPRISES INC 8,423.89 TASERS FOR PATROL 327026 SI-1711388 1104.66702/3/2021 Other Equipment Patrolling/Traffic 12,000.00 TASERS 327026 SI-1711388 3511.66702/3/2021 Other Equipment Equip Rev Fd-Dept 11 14,456.00 AXON BODY CAMERA PARTS 327027 SI-1712276 3511.66702/3/2021 Other Equipment Equip Rev Fd-Dept 11 34,879.89 218055 2/5/2021 100397 BATTERIES PLUS 107.90 FLASH LIGHT FOR WILL TRUCK 327028 P35359262 6154.62302/3/2021 Repair/Maintenance Supplies-Ge South Plant Building 107.90 218056 2/5/2021 146483 BIRCH 4,474.50 CONTRACT CDS SNOW REMOVAL 327029 5506 2240.65642/3/2021 Snow & Ice Removal Street Plowing/Sanding 4,474.50 218057 2/5/2021 148777 BLACK & VEATCH CORPORATION 16,716.00 STORM MODELING 326983 1337954 6406.631012/31/2020 Professional Services-General Preparation/ Research/ Writing 11,956.00 PLANT IMPROVEMENTS 326984 1337944 6154.6712 P137812/31/2020 Project - Engineering South Plant Building 28,672.00 218058 2/5/2021 143561 BLUE TARP FINANCIAL 2/4/2021City of Eagan 16:17:56R55CKR2LOGIS102V 5Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218058 2/5/2021 143561 BLUE TARP FINANCIAL Continued... 124.91 MAIN. SUPPLIES 327030 0031276427 3103.62202/3/2021 Operating Supplies - General Site Amenity Maintenance 124.91 218059 2/5/2021 158034 BRODIL, ANGELA 30.00 CPR 327031 012021 3001.62222/3/2021 Medical/Rescue/Safety Supplies General/Admn-Recreation 30.00 218060 2/5/2021 100027 BURNSVILLE, CITY OF 3,323.59 JPA EAGAN 2020 - QTR 4 326985 2021-00000003 6201.453012/31/2020 Sanitary Sewer Service Charges San Sewer-Administration 3,804.30 JPA EAGAN 2020 - QTR 4 326985 2021-00000003 6101.450512/31/2020 Water Sales Water -Administration 7,127.89 218061 2/5/2021 151299 CINTAS 10.34 RUGS 327032 4073753045 3313.65692/3/2021 Maintenance Contracts Fire Buildings 146.64 RUGS 327033 4073753043 6827.65692/3/2021 Maintenance Contracts Building Maintenance 99.52 RUGS 327034 4073752988 3313.65692/3/2021 Maintenance Contracts Fire Buildings 201.42 SHOP TOWELS 327035 4074375686 2401.62412/3/2021 Shop Materials Gen/Adm-Central Services 65.38 RUGS 327036 4074375716 6146.65352/3/2021 Other Contractual Services North Plant Building 280.61 RUGS 327205 4074375768 3314.65692/4/2021 Maintenance Contracts Central Maintenance 112.34 RUGS 327206 4074375657 3314.65692/4/2021 Maintenance Contracts Central Maintenance 347.57 RUGS 327207 4074375726 3315.65692/4/2021 Maintenance Contracts City Hall 228.05 RUGS 327208 4074375746 3316.65692/4/2021 Maintenance Contracts Police 1,491.87 218062 2/5/2021 142286 COMCAST 10.65 PD CABLE 2/1/21-2/28/21 327037 877210508005718 1-012021 1104.65692/3/2021 Maintenance Contracts Patrolling/Traffic 10.65 218063 2/5/2021 142286 COMCAST 21.36 COMCAST FEES 2/5/21-3/4/21 327038 877210508075712 9-012521 1221.65352/3/2021 Other Contractual Services Administration-Fire 21.36 218064 2/5/2021 153524 COMCAST 775.00 1/15/21-2/14/21 327039 115490038 9704.65352/3/2021 Other Contractual Services Non-ETV CIP expenditures 775.00 218065 2/5/2021 100040 CONT SAFETY EQUIP 78.00 CLOTHING ALLOW MITCH DAHLEN 327040 452929 2201.21152/3/2021 Clothing Allowance Gen/Adm-Streets 2/4/2021City of Eagan 16:17:56R55CKR2LOGIS102V 6Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218065 2/5/2021 100040 CONT SAFETY EQUIP Continued... 7.00 SAFETY GLASSES 327041 452928 2272.62222/3/2021 Medical/Rescue/Safety Supplies Tree Trimming 85.00 218066 2/5/2021 150880 CORE & MAIN LP 749.63 VALVE REPAIR 327042 N524668 6143.62602/3/2021 Utility System Parts/Supplies Valve Maintenance/Repair 80.83 VALVE REPAIR 327043 N563819 6143.62602/3/2021 Utility System Parts/Supplies Valve Maintenance/Repair 156.46 327044 N490778 6162.62312/3/2021 Mobile Equipment Repair Parts Meter Reading 986.92 218067 2/5/2021 144270 COVERTTRACK GROUP INC. (R) 2,704.00 3 STEALTH TRACKING DEVICES 327045 42612 9124.66802/3/2021 Mobile Equipment DCDTF Equitable sharing funds 600.00 D39250 JAN-DEC 2021 327046 42641 9695.64792/3/2021 Dues and Subscriptions Dakota Co Drug Task Force 3,304.00 218068 2/5/2021 142822 COX COMMUNICATIOINS 50.00 SW/SUBPOENA FEES 327047 18937 1105.65202/3/2021 Major Investigation Expenses Investigation/Crime Prevention 50.00 218069 2/5/2021 148998 CRI ENVIRONMENTAL SOLUTIONS 288.40 SPILLS CLEANUP SERVICES 327048 60798 6524.63102/3/2021 Professional Services-General Emergency management 288.40 218070 2/5/2021 157594 CULTUREBROKERS LLC 1,000.00 IDI ASSESSMENT FOR REI COMM 327049 315 0201.64762/3/2021 Conferences/Meetings/Training General & Admn-Admn 1,000.00 218071 2/5/2021 148127 DAKOTA COUNTY FINANCIAL SERVICES (R) 35.45 DEC 2020 FUEL 326986 00040028 9695.623512/31/2020 Fuel, Lubricants, Additives Dakota Co Drug Task Force 35.45 218072 2/5/2021 130716 DAKOTA COUNTY PT & R 379.64 2020 BALLOTS 327050 00040078 0410.62252/3/2021 Election Supplies Elections 13,313.10 2020 TABULATOR MAINT 327051 00040044 0401.65692/3/2021 Maintenance Contracts General & Admn-City Clerk 13,692.74 218073 2/5/2021 100050 DAKOTA ELECTRIC 218.41 CARNELIAN LN HOCKEY RINK 326987 128582-4-DEC20 3106.640512/31/2020 Electricity Structure Care & Maintenance 48.23 RIDGE CLIFF PARK 326988 170637-3-DEC20 3106.640512/31/2020 Electricity Structure Care & Maintenance 16.16 PILOT KNOB PARK 326989 177545-1-DEC20 3106.640512/31/2020 Electricity Structure Care & Maintenance 55.76 BERRY RIDGE STORM 326990 189767-7-DEC20 6439.640812/31/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 2/4/2021City of Eagan 16:17:56R55CKR2LOGIS102V 7Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218073 2/5/2021 100050 DAKOTA ELECTRIC Continued... 16.16 PINECREST CT AERATOR 326991 198290-9-DEC20 6520.640512/31/2020 Electricity Basin Mgmt-Aeration 136.93 PILOT KNOB WELL SITE RINK 326992 200813-4-DEC20 3106.640512/31/2020 Electricity Structure Care & Maintenance 108.79 HIGHLINE TRAIL STORM 326993 201116-1-DEC20 6439.640812/31/2020 Electricity-Lift Stations Lift Station Maintenanc/Repair 340.95 WELL #19 326994 203725-7-DEC20 6154.640912/31/2020 Electricity-Wells/Booster Stat South Plant Building 16.16 HEINE CT AERATOR 326995 203785-1-DEC20 6520.640512/31/2020 Electricity Basin Mgmt-Aeration 48.23 31/WESCOTT SIGNALS 326996 214661-1-DEC20 6301.640712/31/2020 Electricity-Signal Lights Street Lighting 11.40-1275 TOWERVIEW RD 326997 321533-2-DEC20 3106.640512/31/2020 Electricity Structure Care & Maintenance 45.15 CEDAR GROVE SIGNALS 326998 333642-7-DEC20 6301.640712/31/2020 Electricity-Signal Lights Street Lighting 301.95 CEDARVALE BLVD LIGHTS 326999 346992-1-DEC20 6301.640612/31/2020 Electricity-Street Lights Street Lighting 16.16 DENMARK AVE #SLSIGN 327000 405764-2-DEC20 6301.640712/31/2020 Electricity-Signal Lights Street Lighting 50.09 CHLOE LANE LIFT STATION 327001 472429-0-DEC20 6239.640512/31/2020 Electricity Lift Station Maintenanc/Repair 1,346.29 FIRE STATION 1 327002 572299-6-DEC20 3313.640512/31/2020 Electricity Fire Buildings 5.00 CIVIL DEFENSE SIREN 327003 578913-6-DEC20 1106.640512/31/2020 Electricity Emergency preparedness 27.59 WOODHAVEN PARK 327004 1005258-1-DEC20 3106.640512/31/2020 Electricity Structure Care & Maintenance 49.08 WOODHAVEN PARK 327005 1005785-6-DEC20 3106.640512/31/2020 Electricity Structure Care & Maintenance 2,835.69 218074 2/5/2021 100405 DAKOTA ELECTRIC ASSOC 8,612.85 TRANSFORMER CHANGE 327052 169614 6439.6630 P14072/3/2021 Other Improvements Lift Station Maintenanc/Repair 8,612.85 218075 2/5/2021 100405 DAKOTA ELECTRIC ASSOC 689.70 HIT AND RUN PICKUP #J2 327053 241162-7-012221 6301.64322/3/2021 Utility System Repair-Labor Street Lighting 689.70 218076 2/5/2021 156348 DAKOTA TREE 18,550.00 STORM POND CLEARING FOR CIP 327054 2027 6435.6432 P14072/3/2021 Utility System Repair-Labor Storm Pond Maintn/Inspection 18,550.00 218077 2/5/2021 100447 DALCO 188.90 COVID-19 327055 3730700 3312.62232/3/2021 Building/Cleaning Supplies Emergency management 1,331.40 COVID-19 327056 3731733 3312.62232/3/2021 Building/Cleaning Supplies Emergency management 39.84 CUSTODIAL SUPPLIES 327209 3734599 6827.62232/4/2021 Building/Cleaning Supplies Building Maintenance 1,560.14 218078 2/5/2021 100053 DELEGARD TOOL CO 405.08 TOOLS 327210 43849 3127.62402/4/2021 Small Tools Equipment Maintenance/Repair 15.90 HARDWARE 327211 43857 3127.62202/4/2021 Operating Supplies - General Equipment Maintenance/Repair 420.98 2/4/2021City of Eagan 16:17:56R55CKR2LOGIS102V 8Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218079 2/5/2021 100528 DELL MARKETING L P Continued... 710.05 COMPUTER REPLACEMENT 327057 10459419150 6101.66702/3/2021 Other Equipment Water -Administration 245.73 DOCKING STATION 327058 10459609694 1105.66602/3/2021 Office Furnishings & Equipment Investigation/Crime Prevention 955.78 218080 2/5/2021 101693 DICK'S SANITATION SERVICE INC. 262.89 WASTE 327212 DT0003767901 6827.65392/4/2021 Waste Removal/Sanitation Servi Building Maintenance 262.89 218081 2/5/2021 158035 DNS PLUMBING & HEATING LLC 59.00 327059 166628 0801.40872/3/2021 Plumbing General & Admn-Protective Insp 1.00 PLUMBING PERMIT REFUND 327059 166628 9001.21952/3/2021 Due to State - Permit Surcharg General Fund 60.00 218082 2/5/2021 108624 EBERT CONSTRUCTION 177,499.00 SETTLEMENT ON CH REMODEL PROJE 327220 020421 9353.64752/4/2021 Miscellaneous POLICE & CITY HALL REMODEL 1.00 CONT 18-06 PMT 30 FINAL 327220 020421 5043.67102/4/2021 Project - Contract Phase 2-City Hall 177,500.00 218083 2/5/2021 142034 ELECTRIC PUMP 39,148.43 PUMP REPLACEMENT COMMUNITY CEN 327060 0070157-IN 6439.64322/3/2021 Utility System Repair-Labor Lift Station Maintenanc/Repair 39,148.43 218084 2/5/2021 144138 FISCHER MINING LLC 126.42 FILL MATERIAL 327061 160893 6160.62552/3/2021 Street Repair Supplies Main Maintenance/Repair 167.71 FILL MATERIAL 327062 160872 6160.62552/3/2021 Street Repair Supplies Main Maintenance/Repair 124.65 FILL MATERIAL 327063 161015 6160.62552/3/2021 Street Repair Supplies Main Maintenance/Repair 88.07 FILL MATERIAL 327064 161003 6160.62552/3/2021 Street Repair Supplies Main Maintenance/Repair 506.85 218085 2/5/2021 147955 GALLS LLC 520.00 MFF EQUIPMENT 327065 017455668 1153.62242/3/2021 Clothing/Personal Equipment Civil Disturbance Management 220.00 UNIFORM BOUGHTON 327066 017466455 1104.62242/3/2021 Clothing/Personal Equipment Patrolling/Traffic 139.46 UNIFORM TENNESSEN 327067 017466918 1104.62242/3/2021 Clothing/Personal Equipment Patrolling/Traffic 46.80 UNIFORM NEW OFFICERS 327068 017473935 1104.62242/3/2021 Clothing/Personal Equipment Patrolling/Traffic 75.95 UNIFORM CASEY 327069 017488521 1104.62242/3/2021 Clothing/Personal Equipment Patrolling/Traffic 144.20 UNIFORM ALDRICH 327070 017490069 1104.62242/3/2021 Clothing/Personal Equipment Patrolling/Traffic 1,653.30 REDMAN UOF SUIT 327071 017493620 1104.62262/3/2021 Public Safety Supplies Patrolling/Traffic 247.00 UNIFORM ROCHE 327072 017478031 1104.62242/3/2021 Clothing/Personal Equipment Patrolling/Traffic 15.90 UNIFORM CASEY 327073 017478757 1104.62242/3/2021 Clothing/Personal Equipment Patrolling/Traffic 49.27 UNIFORM ROSETH 327074 017478869 1104.62242/3/2021 Clothing/Personal Equipment Patrolling/Traffic 2/4/2021City of Eagan 16:17:56R55CKR2LOGIS102V 9Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218085 2/5/2021 147955 GALLS LLC Continued... 54.00 UNIFORM COMMITTEE 327075 017479946 1104.62242/3/2021 Clothing/Personal Equipment Patrolling/Traffic 294.15 UNIFORM CADETS 327076 017495818 1104.62242/3/2021 Clothing/Personal Equipment Patrolling/Traffic 89.96 UNIFORM TOCKO 327077 017504821 1104.62242/3/2021 Clothing/Personal Equipment Patrolling/Traffic 489.84 UNIFORM CADETS 327078 017512202 1104.62242/3/2021 Clothing/Personal Equipment Patrolling/Traffic 142.10 UNIFORM ANSELMENT 327079 017515040 1104.62242/3/2021 Clothing/Personal Equipment Patrolling/Traffic 89.99 UNIFORM TOCKO 327080 017515062 1104.62242/3/2021 Clothing/Personal Equipment Patrolling/Traffic 109.80 UNIFORM CADET 327081 017522601 1104.62242/3/2021 Clothing/Personal Equipment Patrolling/Traffic 58.92 UNIFORM TOCKO 327082 017525584 1104.62242/3/2021 Clothing/Personal Equipment Patrolling/Traffic 148.00 UNIFORM MASON 327083 017546972 1104.62242/3/2021 Clothing/Personal Equipment Patrolling/Traffic 4,588.64 218086 2/5/2021 100529 GASTFIELD MAINTENANCE PLUS, BOB 370.00 ART HOUSE CLEANING 327084 013121-ARTHOUSE 3106.65372/3/2021 Janitorial Service Structure Care & Maintenance 370.00 218087 2/5/2021 100077 GOPHER ST ONE CALL 59.40 ONE CALL FEE 327085 1010350 0301.65632/3/2021 Landscaping IT-Gen & Admn 194.40 ONE CALL FEE 327085 1010350 6234.63562/3/2021 One Call Service Fee Utility Locates 253.80 218088 2/5/2021 101884 GRAFIX SHOPPE 395.00 VEHICLE MARKINGS -R20 U1 327086 137435 1224.62312/3/2021 Mobile Equipment Repair Parts Engineer 395.00 218089 2/5/2021 100990 GRAINGER 98.24 WM FITTINGS 327087 9785364317 6160.62302/3/2021 Repair/Maintenance Supplies-Ge Main Maintenance/Repair 98.24 218090 2/5/2021 145332 GRANNES, MICHAEL 64.80 GRANNES JURY DUTY MILEAGE REIM 327088 011321 9001.22502/3/2021 Escrow Deposits General Fund 64.80 218091 2/5/2021 150705 GREAT PLAINS FIRE 806.87 FIRE EXTRICATION GLOVES 327089 6206 1225.62242/3/2021 Clothing/Personal Equipment Fire / EMS Equipment 806.87 218092 2/5/2021 100085 HARDWARE HANK 6.29 RANGE SUPPLIES 327090 1957409 1104.62282/3/2021 Ammunition Patrolling/Traffic 9.18 DE ICIER FOR TRUCK 327091 1957518 6155.62302/3/2021 Repair/Maintenance Supplies-Ge South Plant Production 8.37 AERATION SUPPLIES 327092 1958317 6520.62202/3/2021 Operating Supplies - General Basin Mgmt-Aeration 2/4/2021City of Eagan 16:17:56R55CKR2LOGIS102V 10Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218092 2/5/2021 100085 HARDWARE HANK Continued... 28.47 MISC REPAIR SUPPLIES 327093 1957662 1225.62302/3/2021 Repair/Maintenance Supplies-Ge Fire / EMS Equipment 7.90 MISC REPAIR SUPPLIES 327094 1956575 1225.62302/3/2021 Repair/Maintenance Supplies-Ge Fire / EMS Equipment 31.98 MISC REPAIR SUPPLIES 327095 1956483 1225.62302/3/2021 Repair/Maintenance Supplies-Ge Fire / EMS Equipment 21.47 MAIN. SUPPLIES 327096 1958511 3127.62202/3/2021 Operating Supplies - General Equipment Maintenance/Repair 113.66 218093 2/5/2021 100064 HAWKINS WATER TRTMNT GROUP INC 3,837.90 NTP NAMN04 327097 4870523 6147.62442/3/2021 Chemicals & Chemical Products North Plant Production 3,837.90 218094 2/5/2021 138631 HEALTHEAST MEDICAL TRANSPORTATION 88.40 BLOOD DRAW 327098 21-816 9115.63102/3/2021 Professional Services-General DWI Forfeiture 88.40 BLOOD DRAW 327099 21-2745 9115.63102/3/2021 Professional Services-General DWI Forfeiture 176.80 218095 2/5/2021 113918 HILLYARD 1,202.40 CUSTODIAL SUPPLIES 327100 604215512 3304.62232/3/2021 Building/Cleaning Supplies Bldg/Facilities Maintenance 1,202.40 218096 2/5/2021 100297 HOLIDAY COMMERCIAL 245.00 SQUAD CAR WASHES 327006 1400-006-311-45 8-120820 1104.635412/31/2020 Car Washes Patrolling/Traffic 245.00 SQUAD CAR WASHES 327007 1400-006-311-45 8-010821 1104.635412/31/2020 Car Washes Patrolling/Traffic 490.00 218097 2/5/2021 147212 HTCI EDAS FOX 17,048.00 2 FORENSIC COMPUTERS 327101 506 3511.66602/3/2021 Office Furnishings & Equipment Equip Rev Fd-Dept 11 17,048.00 218098 2/5/2021 149714 HYDROCORP 3,535.00 CROSS CONNECTION CONTROL PRG 327102 0060568-IN 6131.63102/3/2021 Professional Services-General Water Customer Service 3,535.00 218099 2/5/2021 101840 IACP 190.00 IACP DUES-TENNESSEN 327103 0151504 1104.64792/3/2021 Dues and Subscriptions Patrolling/Traffic 190.00 218100 2/5/2021 111113 JEFFERSON FIRE & SAFETY, INC. 1,680.00 FIREFIGHTING FOAM 327104 IN125495 1225.62242/3/2021 Clothing/Personal Equipment Fire / EMS Equipment 2/4/2021City of Eagan 16:17:56R55CKR2LOGIS102V 11Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218100 2/5/2021 111113 JEFFERSON FIRE & SAFETY, INC.Continued... 1,680.00 218101 2/5/2021 150893 KLEIN UNDERGROUND LLC 2,778.75 KLEIN RESTORATION 327008 52032 6160.642912/31/2020 Street Repair-Labor Main Maintenance/Repair 2,778.75 218102 2/5/2021 100061 KRAEMER MINING & MATERIALS INC. 1,042.30 FILL MATERIAL 327105 290137 6160.62552/3/2021 Street Repair Supplies Main Maintenance/Repair 1,042.30 218103 2/5/2021 146762 KRAFT CONTRACTING & MECHANICAL LLC 2,787.55 EXHAUST FAN MOTOR REPLACED IN 327009 20917 6146.642712/31/2020 Building Operations/Repair-Lab North Plant Building 580.00 NTP COMPUTER SERVICE 327106 20842 6146.64272/3/2021 Building Operations/Repair-Lab North Plant Building 3,367.55 218104 2/5/2021 100662 LAW ENFORCEMENT LABOR 4,445.00 FEBRUARY 2021 UNION DUES 327181 OFFICERS/SRGS 1/30/21 9592.20262/5/2021 Ded Pay - Pol Off Unio Benefit Accrual 4,445.00 218105 2/5/2021 100691 LEAGUE OF MINN CITIES 10.00 TRAINING FEES 327107 334922 1104.64762/3/2021 Conferences/Meetings/Training Patrolling/Traffic 10.00 TRAINING FEES 327108 334924 1104.64762/3/2021 Conferences/Meetings/Training Patrolling/Traffic 10.00 TRAINING FEES 327109 334902 1104.64762/3/2021 Conferences/Meetings/Training Patrolling/Traffic 30.00 TRAINING FEES 327110 334989 1104.64762/3/2021 Conferences/Meetings/Training Patrolling/Traffic 60.00 218106 2/5/2021 129755 LEAGUE OF MN CITIES INS TRUST (R) 33,975.00 LMCIT 2021 327111 10003137-012921 9695.63852/3/2021 Insurance Dakota Co Drug Task Force 33,975.00 218107 2/5/2021 156401 LUTHER FOODS 10.00 1/27/21-MARKET MARKETBUCKS 327112 012721 3061.6220 PR0042/3/2021 Operating Supplies - General Market Fest 4.00 1/27/21-MARKET SNAP/EBT 327112 012721 3061.6220 PR0032/3/2021 Operating Supplies - General Market Fest 14.00 218108 2/5/2021 100118 MARKS TOWING 130.00 SQUAD TOW- TOTALED 33 327113 557925 1104.65382/3/2021 Towing Charges Patrolling/Traffic 168.91 CVO CASE TOW 327213 555821 1105.652012/31/2020 Major Investigation Expenses Investigation/Crime Prevention 298.91 2/4/2021City of Eagan 16:17:56R55CKR2LOGIS102V 12Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218108 2/5/2021 100118 MARKS TOWING Continued... 218109 2/5/2021 147901 MASTER ELECTRIC CO INC 5,529.00 ELECT REPAIRS PER ACR FLASH ST 327114 SD32627 6148.64322/3/2021 Utility System Repair-Labor North Well Field 5,529.00 218110 2/5/2021 155897 MEDICAL DISPOSAL SYSTEMS 163.00 MEDICAL DISPOSAL SERVICE 327115 599520 1104.63102/3/2021 Professional Services-General Patrolling/Traffic 163.00 218111 2/5/2021 100571 MENARDS-APPLE VALLEY 356.34 ENCLOSURE 327116 10050 3107.62522/3/2021 Parks & Play Area Supplies Building/Structure Constr 496.13 ENCLOSURE 327117 9777 3107.62522/3/2021 Parks & Play Area Supplies Building/Structure Constr 92.98 PARK SIGN 327118 9775 3107.62522/3/2021 Parks & Play Area Supplies Building/Structure Constr 945.45 218112 2/5/2021 151095 MENARDS-BURNSVILLE 1,477.40 PORTABLE ENCLOSURE 327214 48637 3107.62522/4/2021 Parks & Play Area Supplies Building/Structure Constr 1,477.40 218113 2/5/2021 138083 MIDWEST SAFETY COUNSELORS INC. 63.76 SAFETY SUPPLIES 327119 IVC0062780 2401.62222/3/2021 Medical/Rescue/Safety Supplies Gen/Adm-Central Services 63.76 218114 2/5/2021 100133 MIKES SHOE REPAIR 169.00 UNIFORM BOOTS - MILLER 327120 1212021 1221.62242/3/2021 Clothing/Personal Equipment Administration-Fire 310.00 JAMIE PHELPS UNIFORM 327121 1212021-1/21/21 3170.21152/3/2021 Clothing Allowance General AdmIn-Parks 479.00 218115 2/5/2021 100593 MN CHIEFS OF POLICE ASSN 425.00 MN CHIEF DUES FOR PD 327122 11432 1101.64792/3/2021 Dues and Subscriptions General/Admn-Police 425.00 218116 2/5/2021 100664 MN CHILD SUPPORT 682.27 PAYROLL ENDING 1/30/21 327182 GARNISHMENT 1/30/21 9592.20302/5/2021 Ded Pay - Garnishments Benefit Accrual 370.55 PAYROLL ENDING 1/30/21 327183 GARNISHMENT 1/30/21-1 9592.20302/5/2021 Ded Pay - Garnishments Benefit Accrual 238.57 PAYROLL ENDING 1/30/21 327184 GARNISHMENT 1/30/21-2 9592.20302/5/2021 Ded Pay - Garnishments Benefit Accrual 357.17 PAYROLL ENDING 1/30/21 327185 GARNISHMENT 9592.20302/5/2021 Ded Pay - Garnishments Benefit Accrual 2/4/2021City of Eagan 16:17:56R55CKR2LOGIS102V 13Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218116 2/5/2021 100664 MN CHILD SUPPORT Continued... 1/30/21-3 1,648.56 218117 2/5/2021 102019 MN DEPT OF LABOR & INDUSTRY 100.00 ELEVATOR PERMIT 327215 ALR0116570X 3313.64802/4/2021 Licenses, Permits and Taxes Fire Buildings 100.00 218118 2/5/2021 117587 MN DNR WATERS 19,254.50 WATER APPROPRIATION 327123 1978-6010-2021 6156.64802/3/2021 Licenses, Permits and Taxes South Well Field 19,254.51 WATER APPROPRIATION 327123 1978-6010-2021 6148.64802/3/2021 Licenses, Permits and Taxes North Well Field 38,509.01 218119 2/5/2021 120087 MN ENERGY RESOURCES CORP 188.94 RAHN PARK WARMING HOUSE 327124 0505212492-0000 1-JAN21 3106.64102/3/2021 Natural Gas Service Structure Care & Maintenance 188.94 218120 2/5/2021 138430 MN ENERGY RESOURCES CORP (R) 295.28 JAN 2021 NATURAL GAS 327125 0507678830-0000 1-FEB21 9695.64102/3/2021 Natural Gas Service Dakota Co Drug Task Force 243.95 JAN 2021 NATURAL GAS 327126 0504461082-0000 1-JAN21 9695.64102/3/2021 Natural Gas Service Dakota Co Drug Task Force 539.23 218121 2/5/2021 115199 MN RURAL WATER ASSOCIATION 300.00 MEMBERSHIP DUES 21/22 327127 2021/2022 6101.64792/3/2021 Dues and Subscriptions Water -Administration 300.00 218122 2/5/2021 100663 MN TEAMSTERS 320 1,089.00 FEBRUARY 2021 UNION DUES 327186 CLERICAL 1/30/21 9592.20292/5/2021 Ded Pay - Clerical Union Dues Benefit Accrual 2,689.00 FEBRUARY 2021 UNION DUES 327187 PUB WKS MAINT 1/30/21 9592.20272/5/2021 Ded Pay - Pub Wks Union Dues Benefit Accrual 3,778.00 218123 2/5/2021 151289 MOE, DAN 5.00 1/27/21-MARKET SNAP/EBT 327128 012721 3061.6220 PR0032/3/2021 Operating Supplies - General Market Fest 5.00 218124 2/5/2021 100142 MOTOROLA INC 2/4/2021City of Eagan 16:17:56R55CKR2LOGIS102V 14Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218124 2/5/2021 100142 MOTOROLA INC Continued... 666.75 RADIO PARTS 327216 8281071913 1104.623812/31/2020 Communication System Parts Patrolling/Traffic 666.75 218125 2/5/2021 154620 MSP METALS INC 31.63 FAB MATERIAL 327129 67740 3127.62202/3/2021 Operating Supplies - General Equipment Maintenance/Repair 27.98 FAB MATERIAL 327130 67823 3127.62202/3/2021 Operating Supplies - General Equipment Maintenance/Repair 59.61 218126 2/5/2021 125742 NATIONAL DRIVE 2.00 PAYROLL ENDING 1/30/21 327188 013021 9592.20372/5/2021 Ded Payable-Teamsters DRIVE Benefit Accrual 2.00 218127 2/5/2021 102853 NORTHWEST ASPHALT 1,073.98 CONT 20-02 PMT 5 FINAL 327137 010821 8347.67102/3/2021 Project - Contract P 1347 Federal Dr sidewalk ext 4,970.81 CONT 20-02 PMT 5 FINAL 327137 010821 8351.67102/3/2021 Project - Contract P 1351 2019 Streetl ight impro 263.87 CONT 20-02 PMT 5 FINAL 327137 010821 8354.67102/3/2021 Project - Contract P1354 Central Pkwy/Quarry Rd i 2,750.52 CONT 20-02 PMT 5 FINAL 327137 010821 8391.67102/3/2021 Project - Contract P1391 Community Center Dr 62,018.29 CONT 20-02 PMT 5 FINAL 327137 010821 8366.67102/3/2021 Project - Contract P1366 Central Pkwy 71,077.47 218128 2/5/2021 101667 NORTHWESTERN POWER EQUIP. CO. INC. 1,239.83 WELL 6 AIR VAC VALVE 327131 210020DJ 6148.62602/3/2021 Utility System Parts/Supplies North Well Field 1,239.83 218129 2/5/2021 122435 OFFICE DEPOT (R) 11.23 COFFEE 327132 152910731001 9695.62102/3/2021 Office Supplies Dakota Co Drug Task Force 216.17 PAPER TOWEL COFFEE PEN ETC 327133 152888797001 9695.62102/3/2021 Office Supplies Dakota Co Drug Task Force 227.40 218130 2/5/2021 108599 OFFICE DEPOT, INC. 12.79 OFFICE SUPPLIES 327134 147743055001 0720.62102/3/2021 Office Supplies General Admin-Planning & Zonin 12.79 OFFICE SUPPLIES 327134 147743055001 2010.62202/3/2021 Operating Supplies - General General Engineering 12.80 OFFICE SUPPLIES 327134 147743055001 0820.62102/3/2021 Office Supplies General/Admn-Housing 15.99-J MOORE CALENDAR RETURN 327135 148250620001 3001.62102/3/2021 Office Supplies General/Admn-Recreation 64.47 OFFICE SUPPLIES 327136 153510517001 1107.62102/3/2021 Office Supplies Support Services 86.86 218131 2/5/2021 100653 PARADISE CAR WASH 27.90 CAR WASHES 327138 1004-020121-FIR E 1221.63542/3/2021 Car Washes Administration-Fire 2/4/2021City of Eagan 16:17:56R55CKR2LOGIS102V 15Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218131 2/5/2021 100653 PARADISE CAR WASH Continued... 310.63 SQUAD CAR WASHES 327139 1004-020121-POL ICE 1104.63542/3/2021 Car Washes Patrolling/Traffic 338.53 218132 2/5/2021 102381 PARK SUPPLY, INC. 205.67 PLUMBING PARTS 327140 213391 3304.62332/3/2021 Building Repair Supplies Bldg/Facilities Maintenance 112.52 PLUMBING PARTS 327217 214129 6827.62332/4/2021 Building Repair Supplies Building Maintenance 318.19 218133 2/5/2021 115253 PELLICCI ACE HARDWARE 7.99 SOUTHERN LAKES 327141 20641 /E 6156.62302/3/2021 Repair/Maintenance Supplies-Ge South Well Field 7.99 218134 2/5/2021 102809 PIONEER PRESS 356.52 PIONEER PRESS, 2021, 24 WEEKS 327142 10224660-012521 0201.64792/3/2021 Dues and Subscriptions General & Admn-Admn 356.52 218135 2/5/2021 146738 PIRTEK BURNSVILLE 2.74 ORINGS 327143 BU-T00002747 3127.62202/3/2021 Operating Supplies - General Equipment Maintenance/Repair 243.77 HYD HOSE 327144 BU-T00002761 3127.62312/3/2021 Mobile Equipment Repair Parts Equipment Maintenance/Repair 246.51 218136 2/5/2021 145083 POWERSECURE 2,025.59 NTP GEN SERVICE 327010 OC01-223225 6146.642712/31/2020 Building Operations/Repair-Lab North Plant Building 2,025.59 218137 2/5/2021 144472 PRECISE MRM LLC 725.00 AVL-DECEMBER 2020 327014 200-1029428 0301.656912/31/2020 Maintenance Contracts IT-Gen & Admn 725.00 218138 2/5/2021 153556 PURAIR 360.00 O2 BOTTLES MONTHLY CHARGE 327145 195374 1225.62222/3/2021 Medical/Rescue/Safety Supplies Fire / EMS Equipment 248.00 O2 FOR PD 327146 195375 1104.62262/3/2021 Public Safety Supplies Patrolling/Traffic 608.00 218139 2/5/2021 143557 RANDSTAD (R) 1,404.85 ADMIN ASSIST 1/17-1/23/2021 327147 R28209609 9695.65612/3/2021 Temporary Help-Labor/Clerical Dakota Co Drug Task Force 1,404.85 218140 2/5/2021 152980 REMTECH INC. PEST PROTECTION 2/4/2021City of Eagan 16:17:56R55CKR2LOGIS102V 16Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218140 2/5/2021 152980 REMTECH INC. PEST PROTECTION Continued... 173.60 NTP PEST CONTROL 327148 16654 6146.65352/3/2021 Other Contractual Services North Plant Building 108.50 STP PEST CONTROL 327149 16655 6154.65352/3/2021 Other Contractual Services South Plant Building 173.60 PEST CONTROL 327218 16642 3304.65692/4/2021 Maintenance Contracts Bldg/Facilities Maintenance 455.70 218141 2/5/2021 158028 RICHTER CONSULTING LLC, BRENT 500.00 TRAINING FEES 327150 21-2029 1104.64762/3/2021 Conferences/Meetings/Training Patrolling/Traffic 500.00 218142 2/5/2021 146244 SANNES, JOSH 27.15 TRAINING MEALS 327151 012021 1104.64762/3/2021 Conferences/Meetings/Training Patrolling/Traffic 27.15 218143 2/5/2021 152205 SEMA EQUIPMENT INC 9.14 HARDWARE 327152 1480318 3127.62202/3/2021 Operating Supplies - General Equipment Maintenance/Repair 9.14 218144 2/5/2021 140064 SENTRY SYSTEMS INC. 68.01 FEB 2021 ALARM MONITORING 327153 14954668 9695.65402/3/2021 Alarm Monitoring Srv (DCDTF)Dakota Co Drug Task Force 68.01 218145 2/5/2021 141821 SHRED RIGHT (R) 30.80 SERVICE FEE 327154 543879 9695.65352/3/2021 Other Contractual Services Dakota Co Drug Task Force 30.80 218146 2/5/2021 102392 SPARTAN PROMOTIONAL GROUP, INC. 190.19 ETV STAFF MASKS 327155 594424 9701.62242/3/2021 Clothing/Personal Equipment PEG-eligible 190.19 218147 2/5/2021 114531 ST CROIX HARLEY-DAVIDSON 3,623.72 MOTORCYCLE MAINT ANNUAL 327156 820132 1104.64252/3/2021 Mobile Equipment Repair Labor Patrolling/Traffic 3,623.72 218148 2/5/2021 100204 STREICHERS INC. 2,171.00 AMMO-SWAT 327157 I1477633 1104.62282/3/2021 Ammunition Patrolling/Traffic 54.99 MFF EQUIPMENT 327158 I1476352 1153.62242/3/2021 Clothing/Personal Equipment Civil Disturbance Management 2,225.99 218149 2/5/2021 142667 TACTICAL PRODUCTS & SERVICES INC. 1,472.10 VEST LEJCHER 327159 966 1144.62242/3/2021 Clothing/Personal Equipment Bullet Proof Vests grant 2/4/2021City of Eagan 16:17:56R55CKR2LOGIS102V 17Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218149 2/5/2021 142667 TACTICAL PRODUCTS & SERVICES INC.Continued... 1,472.10 218150 2/5/2021 100223 TRI STATE BOBCAT 37.99 HARD HAT EAR MUFFS 327160 P49902 2272.62222/3/2021 Medical/Rescue/Safety Supplies Tree Trimming 37.99 218151 2/5/2021 100228 TWIN CITY GARAGE DOOR CO 891.00 GARAGE DOOR REPAIR 327161 Z164324 3314.65352/3/2021 Other Contractual Services Central Maintenance 512.50 GARAGE DOOR REPAIR 327162 Z164327 3314.65352/3/2021 Other Contractual Services Central Maintenance 1,403.50 218152 2/5/2021 100232 UHL CO INC 420.00 FIRE ALARM MONITORING 326980 63594 3313.65692/3/2021 Maintenance Contracts Fire Buildings 516.12 FIRE ALARM MONITORING 326981 63595 3314.65692/3/2021 Maintenance Contracts Central Maintenance 178.75 PD KEYS 327163 19428 1104.62202/3/2021 Operating Supplies - General Patrolling/Traffic 1,114.87 218153 2/5/2021 115307 ULINE (R) 41.08 GLOVES 327164 129058735 9695.62202/3/2021 Operating Supplies - General Dakota Co Drug Task Force 41.08 218154 2/5/2021 120163 ULINE INC. 522.20 NTP PM SUPPLIES 327011 128114806 6146.623012/31/2020 Repair/Maintenance Supplies-Ge North Plant Building 88.09 327012 126750771 3071.622712/31/2020 Recreation Equipment/Supplies MN State Arts Board 610.29 218155 2/5/2021 100464 VALLEY-RICH COMPANY INC 9,119.60 MAINBREAK REPAIR 327013 29119 6160.643212/31/2020 Utility System Repair-Labor Main Maintenance/Repair 9,119.60 218156 2/5/2021 119217 VERIZON WIRELESS (R) 133.01 JAN 2021 CELL PHONE 327165 9871929607 9695.63552/3/2021 Cellular Telephone Service Dakota Co Drug Task Force 75.22 JAN 2021 CELL PHONE 327166 9872081729 9695.63552/3/2021 Cellular Telephone Service Dakota Co Drug Task Force 208.23 218157 2/5/2021 100912 VERIZON WIRELESS, BELLEVUE 110.03 AIRCARDS 327219 9871926173 3201.63552/4/2021 Cellular Telephone Service Administrative/General 110.03 AIRCARDS 327219 9871926173 3170.63552/4/2021 Cellular Telephone Service General AdmIn-Parks 35.01 AIRCARDS 327219 9871926173 0720.63552/4/2021 Cellular Telephone Service General Admin-Planning & Zonin 35.01 AIRCARDS 327219 9871926173 3001.63552/4/2021 Cellular Telephone Service General/Admn-Recreation 2/4/2021City of Eagan 16:17:56R55CKR2LOGIS102V 18Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218157 2/5/2021 100912 VERIZON WIRELESS, BELLEVUE Continued... 35.01 AIRCARDS 327219 9871926173 0201.63552/4/2021 Cellular Telephone Service General & Admn-Admn 190.05 AIRCARDS 327219 9871926173 0301.63552/4/2021 Cellular Telephone Service IT-Gen & Admn 285.08 AIRCARDS 327219 9871926173 2201.63552/4/2021 Cellular Telephone Service Gen/Adm-Streets 250.07 AIRCARDS 327219 9871926173 0801.63552/4/2021 Cellular Telephone Service General & Admn-Protective Insp 35.01 AIRCARDS 327219 9871926173 2010.63552/4/2021 Cellular Telephone Service General Engineering 40.01 AIRCARDS 327219 9871926173 2401.63552/4/2021 Cellular Telephone Service Gen/Adm-Central Services 625.16 AIRCARDS 327219 9871926173 1221.62302/4/2021 Repair/Maintenance Supplies-Ge Administration-Fire 35.01 AIRCARDS 327219 9871926173 1105.62122/4/2021 Office Small Equipment Investigation/Crime Prevention 2,765.92 AIRCARDS 327219 9871926173 1104.63492/4/2021 Teleprocessing Equipment Patrolling/Traffic 110.03 AIRCARDS 327219 9871926173 3101.63552/4/2021 Cellular Telephone Service Playground Maintenance 105.03 AIRCARDS 327219 9871926173 3057.62202/4/2021 Operating Supplies - General Preschool Programs 35.01 AIRCARDS 327219 9871926173 0901.63552/4/2021 Cellular Telephone Service Gen & Admin-Communications 35.01 AIRCARDS 327219 9871926173 9701.63552/4/2021 Cellular Telephone Service PEG-eligible 70.04 AIRCARDS 327219 9871926173 6101.63552/4/2021 Cellular Telephone Service Water -Administration 35.01 AIRCARDS 327219 9871926173 6147.63552/4/2021 Cellular Telephone Service North Plant Production 35.01 AIRCARDS 327219 9871926173 6136.63552/4/2021 Cellular Telephone Service GIS - Utilities 25.04 AIRCARDS 327219 9871926173 6239.63522/4/2021 Telephone Circuits Lift Station Maintenanc/Repair 35.01 AIRCARDS 327219 9871926173 6239.64082/4/2021 Electricity-Lift Stations Lift Station Maintenanc/Repair 35.01 AIRCARDS 327219 9871926173 6234.63552/4/2021 Cellular Telephone Service Utility Locates 35.01 AIRCARDS 327219 9871926173 6716.63552/4/2021 Cellular Telephone Service General Administration 35.01 AIRCARDS 327219 9871926173 6801.63552/4/2021 Cellular Telephone Service General & Administrative 5,141.62 218158 2/5/2021 138027 WATER CONSERVATION SERVICE INC. 301.02 LEAK DETECTION 327167 11036 6160.63102/3/2021 Professional Services-General Main Maintenance/Repair 301.02 218159 2/5/2021 144426 WATER RESEARCH FOUNDATION 14,435.75 MEMBERSHIP DUES 327168 0003595-2021-1- 012821 6101.64792/3/2021 Dues and Subscriptions Water -Administration 14,435.75 218160 2/5/2021 153525 WHITE BEAR MITSUBISHI 34,219.18 CIP VEHICLE 301 327169 01/20121 3531.66802/3/2021 Mobile Equipment Equip Rev Fd-Dept 31 34,219.18 218161 2/5/2021 113476 WISCONSIN SUPPORT COLLECTIONS TRUST FUND 363.81 PAYROLL ENDING 1/30/21 327189 GARNISHMENT 1/30/21 9592.20302/5/2021 Ded Pay - Garnishments Benefit Accrual 363.81 2/4/2021City of Eagan 16:17:56R55CKR2LOGIS102V 19Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218161 2/5/2021 113476 WISCONSIN SUPPORT COLLECTIONS TRUST FUND Continued... 218162 2/5/2021 101755 XCEL ENERGY 3,097.71 CEDAR GROVE PARKING GARAGE 327171 51-0010548879-4 -012221 9116.64052/3/2021 Electricity Cedar Grove Parking Garage 3,097.71 218163 2/5/2021 101755 XCEL ENERGY 207.75 CEDAR GROVE BLVD STREET LITES 327172 51-0280165-0-01 2221 6301.64062/3/2021 Electricity-Street Lights Street Lighting 207.75 218164 2/5/2021 101755 XCEL ENERGY 11.33 MONUMENTS LIGHTING 327173 51-0010165807-6 -012221 6301.64062/3/2021 Electricity-Street Lights Street Lighting 11.33 218165 2/5/2021 101755 XCEL ENERGY 209.07 CEDAR GROVE PKWY STREET LITES 327174 51-0010060024-7 -012221 6301.64062/3/2021 Electricity-Street Lights Street Lighting 209.07 218166 2/5/2021 101755 XCEL ENERGY 3,181.81 CENTRAL PKWY STREET LIGHTS 327175 51-6563390-9-01 2521 6301.64062/3/2021 Electricity-Street Lights Street Lighting 3,181.81 218167 2/5/2021 101755 XCEL ENERGY 312.85 ELECTRIC CABINET-NICOLS RD 327176 51-0010197923-4 -012221 6301.64062/3/2021 Electricity-Street Lights Street Lighting 312.85 218168 2/5/2021 101755 XCEL ENERGY 1,014.09 BURR OAKS LIFT STATION 327177 51-0011013079-4 -012521 6439.64082/3/2021 Electricity-Lift Stations Lift Station Maintenanc/Repair 1,014.09 218169 2/5/2021 101755 XCEL ENERGY 67.04 CENTRAL PKWY/QUARRY RD 327178 51-0012991086-6 -012521 6301.64072/3/2021 Electricity-Signal Lights Street Lighting 67.04 2/4/2021City of Eagan 16:17:56R55CKR2LOGIS102V 20Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 218169 2/5/2021 101755 XCEL ENERGY Continued... 218170 2/5/2021 119221 XCEL ENERGY (R) 422.22 JAN 2021 ELECTRICITY 327179 51-4403417-1-01 2721 9695.64052/3/2021 Electricity Dakota Co Drug Task Force 422.22 218171 2/5/2021 100247 ZIEGLER INC 661.94 GENERATOR CONTRACT 327180 SW050353438 3313.65692/3/2021 Maintenance Contracts Fire Buildings 661.94 1000062 2/5/2021 146686 WILSKE, JOSH 16.91 MILEAGE 1/13/21-1/29/21 327170 012921 0301.63532/3/2021 Personal Auto/Parking IT-Gen & Admn 16.91 20210109 2/5/2021 100249 FIT 139,942.70 PAYROLL ENDING 1/30/21 327221 020521 9880.20112/5/2021 Ded Payable - FIT Payroll 139,942.70 20210110 2/5/2021 100250 COMMISIONER OF REVENUE-PAYROLL 40,033.49 PAYROLL ENDING 1/30/21 327222 020521 9880.20122/5/2021 Ded Payable - SIT Payroll 40,033.49 20210111 2/5/2021 100252 FICA 35,292.48 PAYROLL ENDING 1/30/21 327223 020521 9880.20142/5/2021 Ded Payable - FICA Payroll 35,292.48 20210112 2/5/2021 100253 MEDICARE 13,937.28 PAYROLL ENDING 1/30/21 327224 020521 9880.20152/5/2021 Ded Payable - Medicare Payroll 13,937.28 20210310 2/5/2021 100693 EAGAN PAYROLL ACCT 828,644.33 PAYROLL ENDING 1/30/21 327202 020421 9001.11152/5/2021 Claim on Cash General Fund 245.99 PAYROLL ENDING 1/30/21 327202 020421 9111.11152/5/2021 Claim on Cash Tree mitigation 15,318.48 PAYROLL ENDING 1/30/21 327202 020421 9197.11152/5/2021 Claim on Cash ETV 86,041.97 PAYROLL ENDING 1/30/21 327202 020421 9220.11152/5/2021 Claim on Cash Public Utilities 18,533.91 PAYROLL ENDING 1/30/21 327202 020421 9221.11152/5/2021 Claim on Cash Civic Arena 3,904.16 PAYROLL ENDING 1/30/21 327202 020421 9222.11152/5/2021 Claim on Cash Cascade Bay 32,305.90 PAYROLL ENDING 1/30/21 327202 020421 9223.11152/5/2021 Claim on Cash Central Park/Community Center 59,152.85 PAYROLL ENDING 1/30/21 327202 020421 9592.11152/5/2021 Claim on Cash Benefit Accrual 49,229.76 PAYROLL ENDING 1/30/21 327202 020421 9592.61442/5/2021 FICA Benefit Accrual 2/4/2021City of Eagan 16:17:56R55CKR2LOGIS102V 21Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20210310 2/5/2021 100693 EAGAN PAYROLL ACCT Continued... 1,093,377.35 20212000 2/5/2021 100279 US BANK NA-DEBT SERVICE WIRE 100,000.00 2018A 2/1 PAYMENT 327198 020121 9464.64902/5/2021 Bond Payment - Principal 2018A GO Bonds DS 395,368.77 2018A 2/1 PAYMENT 327198 020121 9464.64912/5/2021 Bond Payment - Interest 2018A GO Bonds DS 495,368.77 20212001 2/5/2021 100279 US BANK NA-DEBT SERVICE WIRE 815,000.00 2013A 2/1 PAYMENT 327199 020121-1 9462.64902/5/2021 Bond Payment - Principal 2013A Tax GO TIF 130,491.25 2013A 2/1 PAYMENT 327199 020121-1 9462.64912/5/2021 Bond Payment - Interest 2013A Tax GO TIF 305,000.00 2016A 2/1 PAYMENT 327199 020121-1 9463.64902/5/2021 Bond Payment - Principal 2016A GO CIP Bonds 85,761.25 2016A 2/1 PAYMENT 327199 020121-1 9463.64912/5/2021 Bond Payment - Interest 2016A GO CIP Bonds 1,336,252.50 20212002 2/5/2021 100279 US BANK NA-DEBT SERVICE WIRE 1,025,000.00 2009B 2/1 PAYMENT 327200 020121-2 6890.2705.12/5/2021 Bonds Payable 2009B 2009 B GO Refunding Crossover 20,500.00 2009B 2/1 PAYMENT 327200 020121-2 6890.64912/5/2021 Bond Payment - Interest 2009 B GO Refunding Crossover 1,045,500.00 20212003 2/5/2021 100279 US BANK NA-DEBT SERVICE WIRE 105,000.00 2012A 2/1 PAYMENT 327201 020121-3 9461.64902/5/2021 Bond Payment - Principal 2012A Coachman Oaks HIA-DS 14,638.75 2012A 2/1 PAYMENT 327201 020121-3 9461.64912/5/2021 Bond Payment - Interest 2012A Coachman Oaks HIA-DS 119,638.75 20212503 2/5/2021 115374 MN STATE RETIREMENT SYSTEM-HCSP 31,048.05 EMPLOYEE CONTRIBUTIONS 327190 020521 9592.20342/5/2021 Ded Payable-HCSP Benefit Accrual 31,048.05 20213203 2/5/2021 138969 MN STATE RETIREMENT SYSTEM-MNDCP 12,282.96 EMPLOYEE CONTRIBUTIONS 327191 020521 9592.20322/5/2021 Ded Pay - Great West Def Comp Benefit Accrual 12,282.96 20214203 2/5/2021 100892 ICMA RETIREMENT TRUST 44,187.48 EMPLOYEE CONTRIBUTIONS 327192 020521 9592.20312/5/2021 Ded Pay - ICMA Benefit Accrual 44,187.48 20215605 2/5/2021 147907 SELECT ACCOUNT 8,587.63 FLEX REIMBURSEMENT 327193 020421 9592.22152/5/2021 Flex Plan Withholding Payable Benefit Accrual 8,587.63 2/4/2021City of Eagan 16:17:56R55CKR2LOGIS102V 22Page -Council Check Register by GL Check Register w GL Date & Summary 2/5/20212/1/2021 -- Inv No Account No Account Description Business UnitDoc NoCheck #PO #SubledgerSupplier / ExplanationDateAmount 20215802 2/5/2021 147907 SELECT ACCOUNT Continued... 750.00 VEBA FOR 3 NEW POLICE OFFICERS 327194 020121 9592.61592/5/2021 VEBA Benefit Accrual 750.00 20218003 2/5/2021 100694 PUBLIC EMPLOYEE RETIREMENT 76.96 PAYROLL PERIOD 1/17/21-1/30/21 327195 434600-013021 9592.61462/5/2021 PERA - DCP Benefit Accrual 89,178.88 PAYROLL PERIOD 1/17/21-1/30/21 327195 434600-013021 9592.20132/5/2021 Ded Payable - PERA Benefit Accrual 45,222.26 PAYROLL PERIOD 1/17/21-1/30/21 327195 434600-013021 9592.61422/5/2021 PERA - Coordinated Benefit Accrual 74,864.10 PAYROLL PERIOD 1/17/21-1/30/21 327195 434600-013021 9592.61432/5/2021 PERA - Police Benefit Accrual 209,342.20 20218505 2/5/2021 151185 HEALTHPARTNERS INC 2,683.28 DENTAL CLAIMS REIMBURSEMENT 327196 020121 9594.61582/5/2021 Dental Insurance Dental Self-insurance 2,683.28 20219502 2/5/2021 153990 EAGAN PROFESSNAL FIREFIGHTERS LOCAL 5171 2,807.35 LOCAL 5171 EMPLOYEE UNION DUES 327197 020521 9592.20392/5/2021 Ded Payable - FF Union Dues Benefit Accrual 2,807.35 5,308,248.68 Grand Total Payment Instrument Totals Checks 5,308,231.77 16.91A/P ACH Payment Total Payments 5,308,248.68 2/4/2021City of Eagan 16:18:01R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 2/5/20212/1/2021 - Company Amount 918,379.8909001GENERAL FUND 245.9909111Tree mitigation 176.8009115DWI Forfeiture 3,449.7609116CEDAR GROVE PARKING GARAGE 2,704.0009124DCDTF Equitable sharing funds 20,402.6809197ETV 285,779.2009220PUBLIC UTILITIES 18,571.0209221CIVIC ARENA 3,976.2809222CASCADE BAY 1,079,935.2409223CENTRAL PARK /COMMUNITY CENTER 77,723.1809335EQUIPMENT REVOLVING 177,500.0009353POLICE & CITY HALL REMODEL 71,077.4709372REVOLVING SAF-CONSTRUCTION 119,638.75094612012A Coachman Oaks HIA-DS 945,491.25094622013A Tax GO TIF 390,761.25094632016A GO CIP Bonds 495,368.77094642018A GO Bonds DS 427,625.6509592BENEFIT ACCRUAL 2,683.2809594Dental Self-insurance 37,552.2709695DAK CO DRUG TASK FORCE 229,205.9509880PAYROLL Report Totals 5,308,248.68 Agenda Information Memo February 16, 2021, 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: Water Quality Cost Share Partnership and Cost Share Agreement with Dean and Mary Larson, 3740 Knoll Ridge Drive Sponsorship Agreement with Think Bank Property Services Agreement with Twin Cities Junk Hauling LLC for contract property maintenance services Property Services Agreement with Suburban Landscape Service Inc for contract property maintenance services Agreement with Twin Cities Premium Outlets to display community art Attachments: (0) The contracts are available from the City Clerk’s Office. Agenda Information Memo February 16, 2021 Eagan City Council Meeting CONSENT AGENDA E.Schedule Special City Council Meetings for Tuesday, March 2, 2021 at 4:30 p.m. and Wednesday, April 28, 2021 at 5:30pm Action To Be Considered: To schedule Special City Council meetings for Tuesday, March 2, 2021 at 4:30 p.m. and Wednesday, April 28, 2021 at 5:30 p.m. Facts: ➢A Special City Council meeting is scheduled for March 2 for the purpose of conducting Finance Director interviews. The meeting will take place at Eagan City Hall in the Training Room. ➢A Special City Council meeting is tentatively scheduled for Wednesday, April 28 at 5:30 p.m. for the purpose of completing the Council’s strategic planning retreat scheduled to begin on Tuesday, April 27. The meeting will take place at the Eagan Community Center. This special meeting is tentative and may be cancelled. Attachments: (0) Agenda Information Memo February 16, 2021 Eagan City Council Meeting CONSENT AGENDA F. Adopt the City’s Federal Award Administration Policy and Procedures Action To Be Considered: Adopt the Federal Award Administration Policy and Procedures as required by OMB Uniform Administrative Requirements. Facts: Office of Management and Budget's (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly called "Uniform Guidance") requires that all governments awarded federal funds establish a comprehensive written Federal Award Administration policy, which should be adopted by the governing body. This policy should be reviewed and updated annually. The Finance Department has formulated the policy that has been reviewed by our financial statement auditors. Attachments: (1) CF‐1 City of Eagan Federal Award Administration Policy and Procedures Page 1 City of Eagan Federal Awards Procedures Manual Page 2 Policies and Procedures – Federal Awards Administration Overview Purpose – This manual has been prepared to document the policies and procedures for the administration of federal awards of the City of Eagan (the “City”) and general business procedures. The Office of Management and Budget (OMB) Uniform Administrative Requirements, Cost Principles and Audit Requirements [34 CFR Part 80, 2 CFR Part 213 and Part 6 of the Office of Management and Budget (OMB) UGG - Uniform Grant Guidance Compliance Supplement] require all sub-recipients of federal funds to establish and maintain internal controls designed to reasonably ensure compliance with Federal laws, regulations and program compliance requirements. Written policies and procedures are part of the necessary internal controls and are required as a precondition to receiving federal funds. These policies and procedures are intended to be sufficiently comprehensive to adequately meet such requirements. However, in no case are these policies and procedures intended to supersede or limit federal or state laws or regulations, or the provisions of individual grant agreements. Hierarchy of Authority – In the event that conflicting guidance on the administration of Federal awards is available, the City has deemed Federal guidance to be most authoritative, followed by guidance from other State or local agencies. Revisions – Guidance provided by the Federal government through the OMB UGG - Uniform Grant Guidance Compliance Supplement is expected to be updated each year. Such updates are considered by the City as they become available and policies and procedures will be revised accordingly. The City Administrator, Finance Director and Department Designees are authorized and required to establish and document operating procedures to ensure compliance with the provisions of federal and state regulations and the provisions of grant agreements. Such procedures are documented herein, and will be reviewed and updated as necessary, but not less than once every three years. Training – City finance personnel, and its program administrators of Federal awards will be provided the necessary training through various mechanisms, such as: (1) reviewing monthly State Aid Financial Status Report Updates, accompanying State aid payments (2) consulting with the city’s auditors as needed for clarification, (3) participating in various training opportunities, such as those offered by appropriate professional organizations, (4) reviewing daily legislative updates from multiple sources, (5) membership and participation in meetings of the Governmental Finance Officers Association (GFOA), (6) certification of respective positions by the GFOA i.e.: Finance Director, (7) coordination and collaboration with individuals performing similar job functions at similar municipalities. Compliance Failures – Compliances failures, whether noted internally by management or through the external audit process, will be addressed immediately by reviewing the reason for the failure with responsible personnel and devising an improved process to encourage compliance in the future. General Accounting and Financial Management It is the policy of the City to comply with all statutory, regulatory, and contractual requirements in the conduct of and accounting for its financial operations. The official books of record for the City will be maintained subject to the following provisions: 1. The City will account for its operations in accordance with the Generally Accepted Accounting Principles (GAAP) applicable to local units of government. 2. The City will comply with all applicable circulars issued by the Office of Management and Budget (OMB), including, but not limited to: a. OMB Circular A-87 – Cost Principles for States, Local and Indian Tribal Governments. b. OMB UGG - Uniform Grant Guidance – Audits of States, Local Governments, and Non-Profit Organizations (the Single Audit Act). Page 3 3. The City will comply with all contractual requirements detailed in its duly executed grant agreements with awarding agencies. 4. The City will contract annually with an independent CPA firm for the purposes of conducting the City’s external financial audit. To the extent that the City has expended federal awards in excess of $750,000, the City will have a single audit performed in accordance with OMB UGG - Uniform Grant Guidance. 5. To ensure continuing compliance with all applicable accounting requirements, the City may, at its discretion, contract with a CPA firm to provide internal auditing and/or consulting services. 6. The Finance Director shall be responsible for the maintenance of all accounting and financial records (including journals, timesheets, bank statements, audit reports, and similar documents). Such records shall be retained as required by contractual or regulatory requirements set forth by the State of Minnesota. 7. The City and its employees are required to comply with City’s conflict of interest and report any potential conflicts of interest to their managers. No employee, officer or agent may participate in the selection, award or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such violations may result in appropriate discipline. See also the City’s policies on conflict of interest. 8. The City will request prior approval from federal agencies for program or budget changes. 9. Procedures for inventory of federal capital purchases will be maintained by Finance Department and all items will be tracked annually. 10. Expenditures are required to be certified by either the Finance Director, City Administrator, or Department Designee. Purchasing and Procurement It is the policy of the City to ensure that all disbursements of City funds are properly reviewed and authorized, and consistent with sound financial management principles, and made in compliance with all applicable federal, state, and local laws. In order to meet these objectives, all disbursements of City funds shall be subject to the following provisions, to the extent that they do not conflict with or contradict with any specific federal, state, or local law or City Council policies: 1. Substantial state and federal requirements exist pertaining to standards of conduct and conflict of interest. It is the intent of the City for all employees, officers, or agents to conduct all activities associated with procurements in compliance with the highest ethical standards, including the avoidance of any real or perceived conflict of interest. It is also the intent of the City to impose appropriate sanctions or disciplinary actions, including but not limited to termination and/or prosecution, for any employees or officers who violate any of these requirements. 2. The City avoids the acquisition of unnecessary or duplicative items. Additionally, the City considers consolidating or breaking out procurements to obtain a more economical purchase. And, where appropriate, the City makes an analysis of leases versus purchase alternatives, and other appropriate analyses to determine the most economical approach. 3. To foster greater economy and efficiency, the City enters into state and local intergovernmental agreements where appropriate for procurement or use of common or shared goods and services. This includes cooperative purchasing agreements where practical and beneficial. Depending on the purchase requested, the City may purchase it from a cooperative or inter-local agreement if the price is competitive and the goods or service are needed in a timely manner. The Finance Director and the City Administrator will make this determination. Page 4 4. The City awards contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. The City considers such matters as contractor integrity and business ethics, compliance with public policy, ability to complete the project on time and in accordance with specifications, record of past performance, and the contractor’s financial and technical resources. 5. The City will award a contract to a contractor who has the appropriate experience, expertise, qualifications, and any required certifications, necessary to perform the work. Contractors should also have the financial resources to sustain the project while the initial work is being completed and during each service period until he or she submits invoices for payment to the City as work is completed. Contractors should have the proper equipment or the capability to subcontract for the proper equipment necessary to complete the contracted work. 6. Debarment and Suspension: The City will not subcontract with or award subgrants to any person or company who is debarred or suspended from receiving federal funds. The Finance Director is required to check for excluded parties at the System for Award Management (SAM) website before any procurement transaction paid with federal funds. This list is located at: http://www.sam.gov/. 7. All procurement transactions paid with federal funds are conducted in a manner providing full and open competition. In an environment of full and open competition, no proposer or bidder has a competitive advantage over another. All potential proposers and bidders must be provided the same information and have the same opportunity to submit a bid or proposal. Providing a competitive advantage to one or more potential proposers or bidders over another can open up the potential for disputes and lawsuits that can be costly and can significantly delay the completion of projects. 8. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals (RFPs) are excluded from competing for such procurements. The City does not engage in the following situations that may restrict full and open competition, including but not limited to: • placing unreasonable requirements on firms in order for them to qualify to do business; • requiring unnecessary experience and excessive bonding; • noncompetitive pricing practices between firms or between affiliated companies; • noncompetitive contracts to consultants that are on retainer contracts; • organizational conflicts of interest; • specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and • any arbitrary action in the procurement process. • the City conducts federal procurements in a manner that prohibits the use of statutorily or administratively imposed state or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference. 9. All solicitations will incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description will not, in competitive procurements, contain features which unduly restrict competition. The description will include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, will set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications will be avoided if at all possible. 10. The City will make independent estimates of the goods or services being procured before receiving bids or proposals to get an estimate of how much the goods and services are valued in the current market. To accomplish this, after bids and proposals are received, but before awarding a contract, the City conducts either a price analysis or a cost analysis, depending on the type of contract. Based on this analysis, the City will follow the purchasing procedures set forth in its Purchasing Policy in accordance with State guidance. Page 5 11. The City takes all necessary affirmative steps to assure that minority businesses and women’s business enterprises, and labor surplus area firms are used when possible. To accomplish this, the City uses the following required affirmative steps: • Placing qualified small and minority businesses and women’s business enterprises on solicitation lists • Assuring that small and minority business, and women’s business enterprises are solicited whenever they are potential sources • Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises • Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises • Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce, and • Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed above. 12. Federal methods provide for procurement by micro-purchase. Micro-purchase is a purchase of supplies or services using simplified acquisition procedures, the aggregate amount of which does not exceed $10,000. The micro-purchase method is used in order to expedite the completion of its lowest-dollar small purchase transactions and minimize the associated administrative burden and cost. 13. Small purchase procedures may be used in those relatively simple and informal procurement methods for securing nonprofessional services, supplies, or other property that do not cost more than $250,000. However, in accordance with State requirements, small purchase procedures will be used for purchases ranging between $25,000 and $175,000. 14. Sealed bid procedures are to be used for purchases estimated to exceed $175,000 and shall include the following requirements: • The invitation for bids will be publicly advertised and bids must be selected from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening the bids. • The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond. • All bids will be publicly opened at the time and place prescribed in the invitation for bid. • A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder or most qualified bidder if the best value procurement method is used. • Any or all bids may be rejected if there is a sound documented reason. • Competitive proposal (> $175,000, fixed price or cost reimbursement, request for proposal (RFP) with evaluation methods). Requirement for competitive proposal procedures: • Requests for proposals must be publicized requests and identify all evaluation factors and their relative importance. • Proposals must be solicited from an adequate number of qualified sources. • The organization must have a written method for conducting technical evaluations of the proposals received and for selecting recipients. • Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program. • The organization may only use qualification-based methods, whereby competitors' qualifications are evaluated and the most qualified competitor is selected, in the procurement of architectural/engineering professional services. Page 6 15. Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used when using federal funds only when one or more of the following circumstances apply: • The item is available only from a single source. This must be documented. • The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation. • Any federal awarding agency expressly authorizes noncompetitive proposals in response to a written request from the City. • After solicitation of a number of sources, competition is determined inadequate. 16. Time and materials type contract means a contract whose cost to the City is the sum of: the actual costs of materials, and direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. • The City may use a time and materials type contract paid with federal funds in accordance with the above and only (1) after a determination that no other contract is suitable; and (2) if the contract includes a ceiling price that the contractor exceeds at its own risk. 17. The City ensures that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. The City accomplishes this by conducting internet searches, including using vendor searches, and by using other less technologically-advanced tools to locate and identify potential contractors. Federal guidelines are followed regarding the number of bids required. 18. The City requires that construction or facility improvement contracts, or subcontracts exceeding $175,000, include a bid guarantee equivalent to 5% of the bid price from each bidder (such as bid bond or certified check), a performance bond on the part of the contractor for 100 percent of the contract price, and a payment bond on the part of the contractor for 100 percent of the contract price. Note: Refer to the City’s Purchasing Policy for additional information on the handling of its procurements. Payroll and Timekeeping The following provisions apply to the payment of employees and recording of time and effort (as required) in accordance with Federal Cost Principles. 1. All employees clock in and out to an electronic timekeeping system, with the following information: a. The total number of hours actually worked each day b. The use of any holiday, personal, vacation, sick, or other approved time off with pay c. The total number of hours to be paid d. An allocation of those hours to each program or department for which work was performed, when necessary e. Submitted time and program allocation is then reviewed and approved by employee’s supervisor The allocation of hours between programs or departments should be based exclusively on the actual hours worked, and not be based on available budgets, or predetermined allocation schedules. In the event that an after-the-fact correction is necessary to an employee’s timesheet due to errors in the allocation of time worked, such corrections must be submitted to the Payroll Manager, and approved in writing by both the employee and his/her supervisor. Page 7 Grant Administration The following policies and procedures will also be applied, to the extent that they do not conflict with or contradict any City Council policies: 1. Grant Development, Application, and Approval – a. Legislative Approval – The point at which legislative approval is required is determined by the requirements of the grant program. If the grant must be submitted by “an individual authorized by the legislative body”, then City Council approval is required prior to submitting the application. If such legislative approval is not specifically required by the written terms of the grant, then the City Administrator, Finance Director, or designee may, at his or her discretion, approve grant applications. b. Matching Funds – Grants that require cash local matches must be coordinated through the Finance Department. At a minimum, funds must be identified within the applicable grant budget to provide the match, or a budget amendment will be required. Depending on the nature of the grant, there may also be some policy implications that will bear discussion. (For example, will the grant establish a level of service that cannot be sustained once the grant funds are depleted?) In all cases involving matching funds, the grant applicant should contact the Finance Department to determine the strategy for securing matching funds. Refer to the section within this manual titled “Matching, Level of Effort, and Earmarking” for additional information on compliance with the provisions of the OMB UGG - Uniform Grant Guidance Compliance Supplement. c. Grant Budgets – Most grants require the submission of an expenditure budget. The Finance Director will review this portion of the grant request prior to submission. A technical review may discover inconsistencies in the calculations, cost centers that might have been overlooked, or identify reimbursable expenses of which program staff may not be aware—particularly in the area of indirect costs. Any identified inconsistencies will be reviewed and corrected if necessary. 2. Grant Program Implementation – a. Notification and Acceptance of an Award – Official notification of a grant award is typically sent by a funding agency to the program director and/or other official designated in the original grant proposal. However, the authorization to actually spend grant funds is derived from the City Council through the approval of a grant budget. Such notification should also be directed to the Finance Department. Adoption of the grant budget as a component of the city-wide operating budget is deemed to be sufficient approval. b. Establishment of Accounts – The department that obtained the grant will provide the Finance Director with information needed to establish revenue and expense accounts for the project. Ordinarily, this information will include a copy of a summary of the project and a copy of the full project budget. c. Purchasing Guidelines – All other City purchasing guidelines apply to the expenditure of grant funds. The use of grant funds does not exempt any purchase from normal purchasing requirements. All typical paperwork and bidding requirements apply. All normal staff approvals apply. When in doubt, the program director should contact the Finance Director for further assistance. Page 8 3. Financial and Budgetary Compliance – a. Monitoring Grant Funds – Departments may use some internal mechanism (such as a spreadsheet) to monitor grant revenues, expenditures and budgetary compliance, at the grant level. The Finance Director maintains all this information in financial software system as well; this is considered to be the City’s “official” accounting system by the granting agencies. Program Directors are strongly encouraged to use financial software reports provided by the Finance Director for their grant tracking. If any “off-system” accounting records are maintained, it is the responsibility of the Program Director to ensure that the program’s internal records agree to the City’s accounting system. b. Fiscal Years – Occasionally, the fiscal year for the granting agency will not coincide with the City’s fiscal year. This may require adjustments to the City’s internal budget accounts and interim financial reports as well as special handling during year-end close. It is the responsibility of the Program Director to bring such discrepancies to the attention of the Finance Director at the time the grant accounts are established. c. Grant Budgets –The terms of each specific grant will dictate whether any budget transfers between budgeted line items will be permitted. In no case will the program director be authorized to exceed the total budget authority provided by the grant. If grant funds have not been totally expended by fiscal year-end, it is the responsibility of the program director to notify the Finance Director that budget funds need to be carried forward to the new fiscal year, and to confirm the amounts of such carry-forwards. Carry-forwards of grant funds will be subjected to maximum allowable amounts/percentages based on the grant award agreement and/or the OMB UGG - Uniform Grant Guidance Compliance Supplement. d. Capital Assets – The City is responsible for maintaining an inventory of assets purchased with grant funds. The City is accountable for them and must make them physically available for inspection during any audit. The City Council shall approve the sale of any capital assets purchased through a federal grant. Customarily, the proceeds of the sale can only be used on the grant program that purchased them. (Refer to the specific regulations governing the original grant). The Finance Director will coordinate this grant requirement. All transactions that involve the acquisition or disposal of grant funded capital assets must be immediately brought to the attention of the Finance Director. Refer to the City’s capital asset policy for additional information on capital assets purchasing and safe guarding. [CFR Sec. 74.34] 4. Record Keeping – a. Audit Work-papers – The City’s external auditors audit federal grants at the end of each fiscal year in accordance with federal single audit requirements. The Finance Department will prepare the required audit work- papers. Program Directors may be asked to assist in this process, if necessary. b. Record Keeping Requirements – Grant record keeping requirements may vary substantially from one granting agency to another. Consequently, a clear understanding of these grant requirements at the beginning of the grant process is vital. The Finance Director will maintain copies of all grant draw requests, and approved grant agreements (including budgets). The program director or designee should maintain all other records. 5. Other Guidelines – Specific information on policies and procedures related to compliance with the provisions of the OMB UGG - Uniform Grant Guidance Compliance Supplement have been addressed later in this manual and should be considered along with the information in this section. Page 9 Year-end Closing and Reporting The following provisions will govern the year-end close-out process of the City for purposes of external financial reporting: 1. To the extent that the City is required to have a single audit completed in accordance with OMB UGG - Uniform Grant Guidance, the City will accumulate the information necessary to prepare a schedule of expenditures of federal awards (SEFA or the “schedule”) in accordance with Federal and State requirements. This schedule will be characterized as follows: a. The schedule will include all federal financial assistance, including: grants, contracts, property, loans, loan guarantees, interest subsidies, cooperative agreements, insurance, or direct appropriations. Amounts will be reported whether received directly from the Federal government or through a pass-through agency (in the event the City determined to be a sub-recipient and not a vendor). b. The schedule will be prepared on the same basis of accounting as the related financial statements. c. Federal awards will be grouped based on Federal awarding agency. Each Federal award with current expenditures will be listed along with its CFDA number, pass-through grantor name (if applicable) and award/pass-through grantor number (if applicable). Such information will agree to the award documentation. d. If the CFDA number of a Federal award cannot be reasonably determined, it shall be reported in the schedule using the two-digit prefix for the related Federal agency, followed by “UNKNOWN”. e. To the extent that amounts are passed-through to sub-recipients, a schedule of federal awards provided to sub-recipients will be prepared. f. In addition to current year expenditures, the schedule may list approved award/grant amount, accrued/deferred revenue at the beginning of the year, current year cash received, current year actual expenditures, and accrued/deferred revenue at the end of the year. g. Any adjustments to prior year awards, expenditures, and balances (including transfers between grants) will be disclosed in the footnotes to the schedule. h. Accrued/deferred revenue in the schedule shall agree to the amounts recorded as receivable/deferrals in the related financial statements. i. To the extent that a separate line item is included in the financial statements for Federal revenue, this amount shall agree to expenditures in the schedule. Any reconciling items will be disclosed in the footnotes to the schedule. Additional Federal Awards Compliance Requirements A number of the Federal awards received by the City are passed-through the State of Minnesota. Management will consider both the OMB UGG - Uniform Grant Guidance Compliance Supplement and any applicable compliance requirements as set forth by the State of Minnesota. Page 10 General Information Source of Information – Each year the Federal government (Office of Management and Budget) issues a comprehensive document on the compliance requirements each grant recipient is obligated to follow in general terms, along with program-specific guidance on various grant awards. There are 12 compliance requirements identified, each of which is considered individually in this manual. The following pages document the policies and procedures of the City related to compliance with such procedures, as applicable. In each year that the City is subject to a single audit, applicable compliance requirements are expected to be tested in detail by the City’s independent auditors. Objectives – The objectives of most compliance requirements are generic in nature. While the criteria for each program may vary, the main objective of the compliance requirement is relatively consistent across all programs. As such, the policies and procedures of the City have been based on the generic sense of the compliance requirement. For selected compliance requirements, this manual addresses the specific regulations applicable to individual grants. This is not intended to imply that a program is not subject to such policies if it is not specifically mentioned here. It is the intention of the City that all Federal awards are subject to the following policies and procedures. Controls over Compliance – In addition to creating policies and procedures over compliance with provisions of Federal awards, the City has implemented internal controls over such compliance, generally in the form of administrative oversight and/or independent review and approval. In order to document these control activities, all independent reviews and signed/initialed and dated. Documentation – The City will maintain adequate documentation to support both the compliance with applicable requirements as well as internal controls over such compliance. This documentation will be provided to the City’s independent auditors and/or pass-through grantor agencies, as requested, during the single audit and program audits. Activities Allowed/Un-allowed and Allowable Costs/Cost Principles Source of Governing Requirements – The requirements for activities allowed or un-allowed are contained in program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The requirements for allowable costs/cost principles are contained in the A-102 Common Rule (§ .22), (2 CFR section 215.27), program legislation, Federal awarding agency regulations, and the terms and conditions or the award. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. All grant expenditures will be in compliance with OMB Circular 2 CFR 200, Subpart E, State law, City policy, and the provisions of the grant award agreement will also be considered in determining allowability. Grant funds will only be used for expenditures that considered reasonable and necessary for the administration of the program. 2. Grant expenditures will be approved by department heads/program managers initially through the purchasing process, and again with the bill or invoice is received. This will be evidenced by the approval and review tracking available through the City’s Tungsten program. Accounts payable disbursements will not be processed for payment by the Finance Department until necessary approval has been obtained. 3. Payroll costs will be documented as described in the section of this manual titled “Payroll and Timekeeping”. 4. An indirect cost rate will only be charged to the grant to the extent that it was specifically approved through the grant budget/agreement. When allowable, indirect costs will be charged based on the Cost Allocation Plan of the City. Page 11 Cash Management Source of Governing Requirements – The requirements for cash management are contained in the A-102 Common Rule (§ .21), 2 CFR section 215.22), program legislation, Federal awarding agency regulations, and the terms and conditions or the award. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. Substantially all of the City’s grants are awarded on a reimbursement basis. As such, program costs will be expended and disbursed prior to requesting reimbursement from the grantor agency. 2. Cash draws will be initiated by the Finance Department who will determine the appropriate draw amount. Documentation of how this amount was determined will be retained and signed/dated. 3. The physical draw of cash will be processed through SWIFT (Minnesota’s State-Wide Integrated Financial Tools payment system) or through the means prescribed in the grant agreement. 4. Supporting documentation from SWIFT or a copy of the cash draw paperwork will be filed along with the approved paperwork described above and retained for audit purposes. Eligibility Source of Governing Requirements – The requirements for eligibility are contained in program legislation, Federal awarding agency regulations, and the terms and conditions of the award. 1. Federal grants will only benefit those individuals and/or groups of participants that are deemed to be eligible. Equipment and Real Property Management Source of Governing Requirements – The requirements for equipment are contained in the A-102 Common Rule (§ .32), 2 CFR section 215.34), (34 CRF section 74.34), program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The following policies and procedures will also be applied, to the extent that they do not conflict with or contradict any existing Council policies: 1. All equipment will be used in the program for which it was acquired or, when appropriate, other Federal programs. 2. When required, purchases of equipment will be pre-approved by the grantor or pass-through agency. The Finance Director or designee will be responsible for ensuring that equipment purchases have been previously approved, if required, and will retain evidence of this approval. 3. Equipment records (inventory) will be maintained and an appropriate system shall be used to safeguard equipment, as described in the City’s Capital Asset policy. Equipment should be assigned to a program and a physical location. If such equipment is moved, it will be noted and adjusted in the City’s capital asset records. 4. When equipment is no longer needed for a Federal program, it may be retained or sold with the Federal agency having a right to a proportionate amount of the current fair market value. Proper sales procedures shall be used that provide for competition to the extent practicable and result in the highest possible return. Page 12 Procedures for Disposition of Equipment: a. The City will keep, sell, or otherwise dispose of the equipment with no further obligation unless disposal requirements are specifically identified in the grant agreement. b. A record of the date, reason, and method of disposal or sale will be maintained with the equipment inventory. Equipment purchases meeting the City’s capitalization threshold will be identified, labeled, and inventoried. An equipment inventory shall be maintained that includes the following when readily available: 1. Description of the equipment 2. Serial number or other identification number 3. Funding source of the equipment 4. The name of the entity that holds the title 5. Acquisition date 6. Cost of the equipment 7. Percentage of federal/state participation in the cost of the equipment 8. Location of the equipment 9. Use and condition of the equipment 10. Equipment use 11. Disposition data including date and sale price of the equipment A physical inventory of the property will be conducted every periodically, and the results reconciled with the City’s capital asset listing. A control system will be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft will be investigated. A control system is in place to ensure adequate safeguards to prevent loss, damage, or theft of the equipment. Any loss, damage or theft will be investigated. Maintenance procedures are in place to keep the equipment in good condition. Matching, Level of Effort and Earmarking Source of Governing Requirements – The requirements for matching are contained in the A-102 Common Rule (§ .24), 2 CFR section 215.23), program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The requirements for level of effort and earmarking are contained in program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The City defines “matching”, “level of effort”, and “earmarking” consistent with the definitions of the OMB UGG - Uniform Grant Guidance Compliance Supplement: Matching or cost sharing includes requirements to provide contributions (usually non-Federal) or a specified amount or percentage of match Federal awards. Matching may be in the form of allowable costs incurred or in-kind contributions (including third-party in-kind contributions). Level of effort includes requirements for (a) a specified level of service to be provided from period to period, (b) a specified level of expenditures from non-Federal or Federal sources for specified activities to be maintained from period to period, and (c) Federal funds to supplement and not supplant non- Federal funding of services. Earmarking includes requirements that specify the minimum and/or maximum amount of percentage of the program’s funding that must/may be used for specified activities, including funds provided to sub- recipients. Earmarking may also be specified in relation to the types of participants covered. Page 13 In order to ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. Compliance with matching, level of effort, and earmarking requirements will be the responsibility of the Finance Director 2. Adequate documentation will be maintained to support compliance with matching, level of effort, and earmarking requirements. Such information will be made available to city administration, auditors, and pass- through or grantor agencies, as requested. 3. Maintenance of effort for grants through the State of Minnesota will be determined at the State level. Period of Performance Source of Governing Requirements – The requirements for period of performance of Federal funds are contained in the A-102 Common Rule (§ .23), 2 CFR sections 215.28 and 215.71), program legislation, Federal awarding agency regulations, and the terms and conditions of the award. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. Costs will be charged to an award only if the obligation was incurred during the funding period (unless pre- approved by the Federal awarding agency or pass-through grantor agency). 2. All obligations will be liquidated no later than 90 days after the end of the funding period (or as specified by program legislation). 3. Compliance with period of performance requirements will initially be assigned to the individual approving the allowability of the expense/payment. This will be subject to review and approval by the Finance Department as part of the payment processing. Procurement, Suspension and Debarment Source of Governing Requirements – The requirements for procurement are contained in the A-102 Common Rule (§ .36); 2 CFR sections 215.40 through 215.48), program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The requirements for suspension and debarment are contained OMB guidance in 2 CFR part 180, which implements Executive Orders 12549 and 12689, Debarment and Suspension; Federal agency regulations in 2 CFR implementing the OMB guidance; the A-102 Common Rule (§.36); 2 CFR section 215.13); program legislation; Federal awarding agency regulations; and the terms and conditions of the award. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. Purchasing and procurement related to Federal grants will be subject to the general policies and procedures of the City (described in the section of this manual titled “Purchasing and Procurement”). 2. Contract files will document the significant history of the procurement, including the rationale for the method of procurement, selection of the contract type, contractor selection or rejection, and the basis of contract price. 3. The Finance Director will be responsible for determining whether the City is entering into a transaction that may be subject to suspension or debarment procedures and executing appropriate oversight and control activities at that time. Page 14 Program Income Source of Governing Requirements – The requirements for program income are found in the A-102 Common Rule (§.21 (payment) and §.25 (program income)); 2 CFR section 215.2 (program income definition), 2 CFR section 215.22 (payment), and 2 CFR section 215.24 (program income)), program legislation, Federal awarding agency regulations, and the terms and conditions of the award. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. Program income will include (but will not be limited to): income from fees for services performed, the use or rental of real or personal property acquired with grant funds, the sale of commodities or items fabricated under a grant agreement, and payments of principal and interest on loans made with grant funds. It will not include interest on grant funds unless otherwise provided in the Federal awarding agency regulations or terms and conditions of the award. 2. The City will allow program income to be used in one of three methods: a. Deducted from outlays b. Added to the project budget c. Used to meet matching requirements In the absence of specific guidance in the Federal awarding agency regulations or the terms and conditions of the award, program income shall be deducted from program outlays. 3. Program income, when applicable, will be accounted for as a revenue source in the same prohect code as the Federal grant. Reporting Source of Governing Requirements – The requirements reporting of Federal funds are contained in the A-102 Common Rule (§ .23), 2 CFR sections 215.50 through 215.53), program legislation, Federal awarding agency regulations, and the terms and conditions of the award. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. Reporting related to Federal grants will be subject to the general policies and procedures of the City (described in the section of this manual titled “Year-end Closing and Reporting.”). 2. The Finance Director will be responsible for determining if there are additional reporting requirements for individual grant programs. Page 15 Sub-recipient Monitoring The City will ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the following information at the time of the subaward and if any of these data elements change, include the changes in subsequent subaward modification. Required information includes: 1. Federal Award Identification. a. Subrecipient name (which must match the name associated with its unique entity identifier); b. Subrecipient's unique entity identifier; c. Federal Award Identification Number (FAIN); d. Federal Award Date (see §200.39 Federal award date) to the recipient by the Federal agency; e. Subaward Period of Performance Start and End Date; f. Amount of Federal Funds Obligated by this action by the pass-through entity to the subrecipient; g. Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity including the current obligation; h. Total Amount of the Federal Award committed to the subrecipient by the pass-through entity; i. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA); j. Name of Federal awarding agency, pass-through entity, and contact information for awarding official of the Pass-through entity; k. CFDA Number and Name; the pass-through entity must identify the dollar amount made available under each Federal award and the CFDA number at time of disbursement; l. Identification of whether the award is R&D; and m. Indirect cost rate for the Federal award (including if the de minimis rate is charged per §200.414 Indirect (F&A) costs). Special Tests and Provisions In order to ensure compliance with these requirements, the City has implemented the following policies and procedures: 1. The Finance Director will be assigned the responsibility for identifying financial-related compliance requirements for special tests and provisions, determining approved methods for compliance, and retaining any necessary documentation. Program-related compliance requirements will be the responsibility of the department administering the grant. Agenda Information Memo February 16, 2021 Eagan City Council Meeting CONSENT AGENDA G. Contract 21-01 2021 Neighborhood Street Revitalization Action To Be Considered: Approve the plans and specifications for Contract 21-01 (2021 Neighborhood Street Revitalization) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Thursday, March 18, 2021. Facts: ➢ Contract 21-01 provides for the street improvements as outlined and discussed in the respective Feasibility Reports for each of the following projects: o Oakview Center, Project No. 1410 o Advantage Lane, Project No. 1411 o Letendre 1st, Project No. 1412 o Johnny Cake Ridge Road, Project No. 1413 o Oakbrooke Addition, Project No. 1414 o Canterbury Forest/ Wedgwood 1st Addition, Project No. 1415 as programmed for 2021 in the City’s 5-Year Capital Improvement Program (2021-2025) and authorized by the City Council on June 2, 2020. ➢ These projects are being combined under one contract for economies of scale in the competitive bidding process. ➢ All of the construction activity for said improvements has been designed to occur within existing public right-of-way, easements or property. ➢ Minnesota state law allows local agencies to choose a procurement system, termed Best Value Contracting (BVC), as an alternative to the standard low-bid contracting system. The law was advocated by a coalition of labor organizations and requires two factors to be considered during the BVC procurement process: price and perfo rmance. ➢ BVC uses the relationship between performance and price to achieve the best overall value and lowest long-term cost for government construction projects. ➢ On March 18, 2008, the City Council adopted, as practice, the Best Value Contracting method which has been a successful procurement system of public improvement projects for the City. ➢ The BVC method of procurement will be used for this contract and will be advertised in the solicitation of these bids in the legal newspaper and on construction bidding websites. All bids will be evaluated in an open and competitive manner. ➢ The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. Copies of the plans and specifications will be available at the City Engineer’s office in city hall. ➢ Upon plan approval and bid authorization, an advertisement will be published in the legal newspaper and on construction bidding websites informing contractors of the bid. Attachment (1) CG-1 Plans and Specifications Cover Sheet YANKEE DOODLEROAD DATE REG. NO.THE STATE OF MINNESOTA.A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OFPREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WASSHEET NO. OF SHEETSINDEXTHE 2018 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATIONGOVERNING SPECIFICATIONSAPPROVED BYSHEET NO.DATEPLAN REVISIONS1SEWER, (STORM)UTILITY SYMBOLSSEWER, (SANITARY)SEWER MANHOLEBURIED ELECTRIC CABLEBURIED TELEPHONE CABLECONDUITWATER MAINGAS MAINTERMINAL.)PEDESTAL (TELEPHONE CABLESTREET LIGHTANCHORFIRE HYDRANTCATCH BASINCHAIN LINK FENCEWOVEN WIRE FENCEBARBED WIRE FENCEGUARD RAILCORPORATE OR CITY LIMITSVACATED PLATTED PROPERTYPROPERTY LINE (Except Land Lines)CONTROL OF ACCESS LINEPRESENT RIGHT-OF-WAY LINERIGHT-OF-WAY LINESIXTEENTH LINEQUARTER LINESECTION LINETOWNSHIP OR RANGE LINECOUNTY LINESTATE LINEPLAN SYMBOLSTITLE SHEET1SHEETTHIS PLAN CONTAINS 29 SHEETS.CATCH BASINBURIED COMMUNICATION CABLE NO.SHEET DESCRIPTIONCOUNTYDISTRICTPROJECT LOCATIONDAKOTAMETRO FUNCTIONAL CLASSIFICATIONNO. OF TRAFFIC LANES20DISTRICT STATE AID ENGINEERNO. OF PARKING LANESSTRUCTURAL DESIGNSOIL FACTORSTOPPING SIGHT DISTANCE BASED ON:HEIGHT OF EYEHEIGHT OF OBJECTADT (2021)22100ADT (2041)9 TON3.5 FT.2.0 FT.DESIGN SPEED"STANDARD SPECIFICATIONS FOR CONSTRUCTION" SHALL APPLYSCALESPLANINDEX MAP100 or 120NO SCALEJPGFile Name: COVERSHTCity Project: 1410,1411,City Contract #: 21-01Date: 2-16-21Checked by:Drawn by: DGRDesigned by:AJNSTATEMENT OF ESTIMATED QUANTITIES (SEQ) 23-6ALL TRAFFIC CONTROL DEVICES SHALL CONFORM TO THE MMUTCD, INCLUDING" FIELD MANUAL FOR TEMPORARY CONTROL ZONE LAYOUTS"( LATEST VERSION)45795SIGNATUREPRINT NAME:AARON NELSONTHE UTILITY INFORMATION IN THIS PLAN SETINPLACE UTILITY NOTES:IS UTILITY QUALITY LEVEL "D". THIS UTLITY QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF CI/ASCE 38-02, ENTITLED "STANDARD GUIDELINES FOR THE COLLECTION ANDDEPICTION OF EXISTING SUBSURFACEUTILITY DATA".THE CONTRACTOR IS TO CONTACT "GOPHERSTATE ONE-CALL" (651-454-0002) FOR UTILITYLOCATIONS 48 HOURS PRIOR TO ANY EXCAVATION/CONSTRUCTION ACTIVITY.29CITY PROJECT #1410Oakview CenterPILOT KNOB RD.APPROVED FOR20STATE AID ENGINEERSTATE AID FUNDINGREVIEWED FOR COMPLIANCE WITH STATE AID RULES/POLICYSTANDARD DETAIL PLATES & GARBAGE PICKUP SCHEDULEAPPROVED20CITY ENGINEER - REG. NO._________2281335 MPH7-11OAKVIEW CENTER (CITY PROJ. # 1410)13LETENDRE 1ST ADDITION (CITY PROJ. # 1412)18-23OAKBROOKE ADDITION (CITY PROJ. # 1414)1412,1413,1414,1415,NET LENGTHEXCEPTIONS-LENGTHBRIDGES-LENGTHGROSS LENGTHTO:LOCATED ON FEET00JOHNNY CAKE RIDGE ROADDIFFLEY ROAD2,8712,871S.A.P. 195-109-013FEET (0.56 mile)FEETFEETFROM:DEERWOOD DRIVECITY PROJECT #1413CLIFF RD.7100550012ADVANTAGE LANE (CITY PROJ. # 1411)14-17JOHNNY CAKE RIDGE ROAD (CITY PROJ. # 1413)CITYHALLYANKEE DOODLERD.LEXINGTON AVE. DENMARK AVE. HIGHWAY 13RAHN RD.JOHNNY CAKERIDGE RD.HIGHWAY 149END STA. 29+12END S.A.P. 195-109-013 (PROJ. 1413)BEGIN STA. 0+41BEGIN S.A.P. 195-109-013 (PROJ. 1413)STREET OVERLAY1425,1429LEXINGTON AVE.DIFFLEY RD.PILOT KNOB RD.2824-27CANTERBURY FOREST / WEDGWOOD 1ST ADDITIONRVA DRIVEWAY RECONSTRUCTION (CITY PROJ. # 1425)CLIFF RD.2-16-211-29AJN2-16-2121SILVER BELL RD.YANKEE DOODLERD.PROJ.1429PROJ.1410DIFFLEY RD.WESCOTT RD.29LONE OAK PARKWAY SIDEWALK REPAIRS (CITY PROJ. # 1429)ELRENE RD.9 TON HCADT301-600HIGHWAY 55LONE OAK RD.LONE OAK RD.INTERSTATE 35ECITY PROJECT #1411Advantage LaneSTREET OVERLAYCITY PROJECT #1412Letendre StreetSTREET OVERLAY CITY PROJECT #1414Oakbrooke AdditionSTREET OVERLAYCITY PROJECT #1415Canterbury Forest &STREET OVERLAYCITY PROJECT #1425RVA Access RoadSTREET RECONSTRUCTIONCITY PROJECT #1429Lone Oak ParkwaySIDEWALK REPAIRSWedgwood 1st AdditionHI G H W A Y 3 RED PINELANES.A.P. 195-109-013 JOHNNYCAKE RIDGE RD. MINORCOLLECTORCITY OF EAGAN:JOHNNY CAKE RIDGE ROAD - ROAD IMPROVEMENTS - CITY PROJECT NO. 1413 - S.A.P. 195-109-013JOHNNY CAKERIDGE RD.HIGHWAY 55HIGHWAY 149LONE OAKWILDERNESS RUN RD.PKWY.PROJ.1411PROJ.1412PROJ.1425PROJ.1415PROJECTS1413 & 1414(CITY PROJ. # 1415) Agenda Information Memo February 16, 2021 Eagan City Council Meeting CONSENT AGENDA H. Contract 21-05, Yankee Storm Lift Station Rehabilitation Action To Be Considered: Receive the bids for Contract 21-05 (Yankee Storm Lift Station Rehabilitation) and award a contract to McNamara Contracting for the base bid in the amount of $432,500.43 and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 21-05 provides for rehabilitation of the Yankee Storm Lift Station as was programmed in the Sanitary and Storm Sewer Operations and Facilities portion of the Council approved 2021-2025 Capital Improvement Program (CIP). ➢ The lift station rehabilitation is needed due to its poor condition with worn infrastructure, significant operational issues and noncompliance with Public Works standard infrastructure guidelines. ➢ On January 5, 2021, the Council approved the plans and specifications for Contract 21-05 and authorized the solicitation of competitive bids. ➢ On January 28, 2021, eight bid proposals were received (see attached summary). The low bid of $432,500.43 was about 41% below the Engineer’s estimate of $723,000.00. ➢ All of the construction activity for said improvements has been designed to occur within the public right-of-way and easements. ➢ All bids have been reviewed by the Public Works Department (Utilities Division) for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid was found to be in order for favorable Council action. Attachments (1) CH-1 Bid Summary Bid Date/ Time: 11:00 a.m., Thursday January 28, 2021 Estimate: $735,000.00 Contractors Total Base Bid Over/Under Estimate McNamara Contracting $432,500.43 -41% Swan Companies $489,299.00 -33% Minger Construction $498,400.00 -32% Meyer Contracting $508,317.78 -31% Vinco $517,000.00 -30% Pember Companies $530,800.00 -28% R&R Excavating, Inc.$602,608.51 -18% Pci Roads, LLC $619,000.00 -16% Yankee Storm Lift Station Rehabilitation CITY PROJECT NO. 1407 CITY CONTRACT NO. 21-05 BID SUMMARY 1/28/2021 Agenda Information Memo February 16, 2021 City Council Meeting CONSENT AGENDA I. Contract 21-06, Automated Metering Infrastructure Water Meter Reading Radio Installation Action To Be Considered: Receive the bids for Contract 21-06 (Automated Metering Infrastructure, Water Meter Reading Radio Installation) and award a contract to Vanguard Utility Service for the base bid in the amount of $808,400.00 and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 21-06 provides for the supply and installation of individual radios for the collection of water meter data as part of an Advanced Metering Infrastructure (AMI) system. The installation of residential AMI radios as part of an automated radio reading system will be an extension of the system currently utilized for commercial, industrial, and institutional water customers. The AMI system will replace the City’s existing water meter reading service. ➢ In late 2019, Serco gave the City notice that its meter reading services for Eagan’s 19,000+ residential water meters will no longer be offered after December 31, 2021, because finding and retaining workers has proven to no longer be viable. It has been noted that the only other local meter reading company has started to drop clients (other cities) for the same reason. ➢ On January 19, 2021, the Council approved the plans and specifications for Contract 21 - 06 and authorized the solicitation of competitive bids. ➢ On February 4, 2021, two bid proposals were received (see attached summary). The low bid of $808,400.00 was about 17% below the Engineer’s estimate of $972,000.00. ➢ All bids have been reviewed by the Public Works Department (Utilities Division) for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid was found to be in order for favorable Council action. Attachments (1) CI-1 Bid Summary Bid Date/ Time: 11:00 a.m., Thursday February 4, 2021 Estimate: $972,000.00 Contractors Total Base Bid Over/Under Estimate Vanguard Utility Service $808,400.00 -17% Utiliuse $850,000.00 -13% Advanced Metering Infrastructure (AMI) - Radio Installation CITY PROJECT NO. 1424 CITY CONTRACT NO. 21-06 BID SUMMARY 2/4/2021 Agenda Information Memo February 16, 2021 Eagan City Council Meeting CONSENT AGENDA J. Contract 21-08, 2021 Well Rehabilitation Improvements Action To Be Considered: Receive the bids for Contract 21-08 (2021 Well Rehabilitation Improvements), award a contract for Well 13 to Keys Well Drilling, Inc. for the base bid in the amount of $46,855.00, and a contract for Wells 18 and 21 to Bergerson-Caswell for the base bid in the amount of $200,700.00, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 21-08 provides for rehabilitation of the municipal deep wells, as was programmed in the Water Operations and Facilities portion of the Council approved 2021- 2025 Capital Improvement Program (CIP). ➢ The average operational life of a deep water-well is approximately seven years, or 45,000 running hours. On average, the City of Eagan contracts to rehabilitate three wells per year. ➢ At the end of the operational life, wells are rehabilitated. Rehabilitation includes equipment removal, equipment disassembly and inspection, replacement of worn or broken parts, equipment reassembly, coating protection, t elevising the actual well (determine physical condition), cleaning the casing, installation, and final inspection/testing. ➢ On January 19, 2021, the Council approved the plans and specifications for Contract 21 - 08 and authorized the solicitation of competitive bids. ➢ On February 4, 2021, proposals from three bidders were received (see attached summary). The contract specifications allowed contract award based upon the bid specific to each individual well. The combined low bids from Bergerson-Caswell for Wells 18 and 21 of $200,700 was 8.3% below the collective estimate of $218,890. The low bid from Keys Well Drilling for Well 13 of $46,855 was 15% below the estimate of $55,200. ➢ All of the construction activity for said improvements has been designed to occur within existing public right-of-way, property or easements. ➢ All bids have been reviewed by the Public Works Department (Utilities Division) for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bids were found to be in order for favorable Council action. Attachments (1) CJ-1 Bid Summary Bid Date/ Time: 11:00 a.m., Thursday February 4, 2021 Well 13 Estimate: $55200 Contractors Total Base Bid Over/Under Estimate Keys Well Drilling $46,855 -15% Bergerson-Caswell $51,675 -6% E. H. Renner $64,031 16% Traut Wells No Bid Well 18 Estimate: $107120 Contractors Total Base Bid Over/Under Estimate Bergerson-Caswell $98,230 -8% Keys Well Drilling $99,715 -7% E. H. Renner $124,453 16% Traut Wells No Bid Well 21 Estimate: $110870 Contractors Total Base Bid Over/Under Estimate Bergerson-Caswell $102,470 -8% Keys Well Drilling $104,615 -6% E. H. Renner $130,302 18% Traut Wells No Bid 2021 MUNICIPAL WELL REHABILITATION CITY PROJECT NO. 1430 CITY CONTRACT NO. 21-08 BID SUMMARY Agenda Information Memo February 16, 2021 Eagan City Council Meeting CONSENT AGENDA K. Contract 21-09, 2021 Sanitary Sewer Lining Action To Be Considered: Receive the bids for Contract 21-09 (2021 Sanitary Sewer Lining) and award a contract to Hydro- Klean for the base bid in the amount of $233,776.40 and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 21-09 provides for the rehabilitation of public sanitary and storm sewer through lining improvements of almost 7,900 linear feet of existing pipe in various areas within the city as was programmed in the Sanitary and Storm Sewer Operations and Facilities portion of the Council approved 2021-2025 Capital Improvement Program (CIP). ➢ On January 19, 2021, the Council approved the plans and specifications for Contract 2 1- 09 and authorized the solicitation of competitive bids. ➢ On February 4, 2021, formal bids from seven bidders were received for this project (see attached summary). The low bid of $233,776.40 was 5% above the project estimate of $222,175.00. ➢ All construction activity for said improvements has been designed to occur within existing public right-of-way or easements. ➢ All bids have been reviewed by the Public Works Department (Utilities Division) for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid was found to be in order for favorable Council action. Attachments (1) CK-1 Bid Summary Bid Date/ Time: 11:15 a.m., Thursday February 4, 2021 Estimate: $222,175.00 Contractors Total Base Bid Over/Under Estimate Hydro-Klean $233,776.40 5% Instituform Tech $234,132.10 5% S.J. Louis Trenchless $249,833.00 12% Vi Su-Sewer $268,817.00 21% Michels Corporation $277,922.50 25% SAK Construction $283,493.00 28% Granite Inliner $295,905.00 33% 2021 Sewer Line Renovation for Cured In Place Pipe (CIPP) CITY PROJECT NO. 1431 CITY CONTRACT NO. 21-09 BID SUMMARY 2/4/2021 Agenda Information Memo February 16, 2021 Eagan City Council Meeting CONSENT AGENDA L. Contract 21-11 Lake Plant Harvesting Equipment Action To Be Considered: Approve the equipment acquisition for Contract 21-11 (Lake Plant Harvesting Equipment) and authorize the advertisement for a bid opening to be held at 1:00 p.m., on Friday, March 8, 2021. Facts: ➢ Contract 21-11 provides for the purchase of Lake Plant Harvesting Equipment, as programmed for 2021 in the City’s 5-Year Capital Improvement Program (2021-2025) and authorized by the City Council on June 2, 2020. ➢ The equipment specifications have been completed and are being presented to the City Council for their approval and authorization of the adver tisement for bids. Copies of the specifications will be available at the City Engineer’s office in city hall for review. ➢ Upon approval and authorization, an advertisement will be published in the legal newspaper and sent directly to manufacturers informing interested parties of the bid. Attachments (0) Agenda Information Memo February 16, 2021 Eagan City Council Meeting CONSENT AGENDA M. Diffley Road (CSAH 30) School Area Improvements, Project 1339 Joint Powers Agreement Action To Be Considered: Approve a Joint Powers Agreement with the Dakota County Transportation Department and ISD 196 for the Diffley Road School Area Improvements/ Braddock Trail Driveway School Safety Improvements – Right-of-Way and Construction (City Projects 1339/1408). Approve an Amendment to Joint Powers Agreement (County Contract Number C0032929) with Dakota County Transportation and ISD 196, Diffley Road School Area Improvements – Design (City Project 1339). Authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Dakota County has been partnering with the City of Eagan and ISD 196 to consider public safety improvements for Diffley Road (CSAH 30) near the Northview Elementary, Dakota Hills Middle, and Eagan High School campuses (campus) in Eagan. This effort is intended to improve pedestrian and bicycle safety and overall transportation systems mobility adjacent to the school campuses. ➢ On February 4, 2020, the City Council authorized Bolton & Menk Inc. (BMI), to facilitate public and agency engagement, develop project goals, define improvement options and pursue a project concept for the school area improvements (City Project 1339). ➢ On April 21, 2020, the City Council also approved initiation of Project 1408, Braddock Trail Driveway Safety Improvements, authorizing the public improvement process, including public engagement and the preparation of plans and specifications. ➢ On July 7, 2020, the City Council approved a Joint Powers Agreement between Dakota County, the City of Eagan and Independent School District (ISD) 196 for the engineering design of Diffley Road (CSAH 30) School Area Improvements. ➢ The County, City, and ISD 196 have held multiple public meetings, both in-person and virtual, from December 2019 through February 2021 to gather input, share analysis work, respond to questions, receive feedback on the proposed project options, and, most recently, address questions about final design components. ➢ An amendment to the existing JPA for design (County Contract Number C0032929), updating the design costs for each agency, is attached. The City of Eagan’s portion of design costs has increased from $75,000 to $77,000. ➢ This past fall, the Diffley Road Area School Improvemen ts project was successful in acquiring a State bond for $4,000,000 of construction costs. While additional funding has been requested, the improvements are recommended to be constructed in 2021. Dakota County would be the lead agency. ➢ At the February 9, 2021, Special City Council Workshop, an update on the final design and construction schedule was provided. ➢ A Joint Powers Agreement (JPA) for the agencies has been drafted to enable the right-of-way acquisition and construction of the improvements to proceed. The JPA was approved by the Dakota County Board of Commissioners on J anuary 19, 2021. The ISD 196 School Board will also consider the agreement at a February 2021 meeting. ➢ The proposed right-of-way and construction cost responsibility of the City outlined in the JPA for the Diffley Road School Area Improvements project is $181,000. The Major Street Fund would finance the cost. ➢ The agreement has been reviewed by the Public Works Department, is consistent with past similar agreements reviewed by the Attorney’s office and is in order for favorable Council action. Attachments (2) CM-1 Joint Powers Agreement – Right-of-Way/Construction – Projects 1339/1408 CM-2 Joint Powers Agreement Amendment – Design Project 1339 (C0032929) Dakota County Contract #C00XXXXX JOINT POWERS AGREEMENT FOR RIGHT OF WAY, CONSTRUCTION, MAINTENANCE, AND COST PARTICIPATION BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF EAGAN AND INDEPENDENT SCHOOL DISTRICT 196 FOR DAKOTA COUNTY PROJECT NO. 30-39 CITY OF EAGAN PROJECT NO. 1339 and 1408 SYNOPSIS: Dakota County, City of Eagan and Independent School District 196 agree to move forward with right of way acquisition, construction, maintenance and cost participation for the Diffley Road School Area Improvements and Braddock Trail Improvements in Eagan, Dakota County. Dakota County Contract #C00XXXXX February XX, 2020 Page | 2 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this Agreement as the "County", the City of Eagan, referred to in this Agreement as the "City", and Independent School District 196, referred to in this Agreement as the "School District", and witnesses the following: WHEREAS, under Minnesota Statutes Sections 162.17, subd. 1 and 471.59, subd. 1, two governmental units may enter into an Agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, to provide a safe and efficient transportation system, the County, City and School District are partnering on County Project (CP) 30-39 (City Project 1339), for right of way acquisition, construction, maintenance, and cost participation; and WHEREAS, to provide a safe and efficient transportation system, City and School District are partnering on City Project 1408, for construction, maintenance, and cost participation; and WHEREAS, CP 30-39 (Diffley Road School Area Improvements) includes the reconstruction of Diffley Road (County State Aid Highway (CSAH) 30) to a divided two-lane roadway from approximately 1,100 feet east of CSAH 43 (Lexington Avenue) to 400 feet east of Braddock Trail, the construction of single lane roundabouts at both the Daniel Drive and Braddock Trail intersections with Diffley Road, a new school access roadway from the north leg of the Daniel Drive/Diffley Road roundabout to the southeast corner of the Dakota Hills Middle School/Eagan High School south parking lot, and pedestrian crossing improvements; and WHEREAS, City Project 1408 (Braddock Trail Improvements) includes improvements to the three Dakota Hills Middle School/Eagan High School entrances to the east and south parking lots from Braddock Trail (south entrance, entrance across from Pennsylvania Avenue and entrance across from Ventnor Avenue), improvements to internal traffic flow of the Dakota Hills Middle School/Eagan High School south parking lot, and the construction of a new non- motorized user trail from the northwest corner of the Braddock Trail/Diffley Road roundabout Dakota County Contract #C00XXXXX February XX, 2020 Page | 3 to and along the south side of the Dakota Hills Middle School/Eagan High School south parking lot; and WHEREAS, the County, City and School District requested state bond funds in the amount of $4,680,000 for construction of CP 30-39 (Diffley Road School Area Improvements) and City Project 1408 (Braddock Trail Improvements) during the 2020 MN State Legislative Session; and WHEREAS, at the October 2020 MN State Legislative Special Session, the State Legislature passed a bonding bill that included funding for CP 30-39 and City Project 1408; and WHEREAS, the County, City and School District will receive state bond funds in the amount of $4,000,000 for construction of CP 30-39 (Diffley Road School Area Improvements) and City Project 1408 (Braddock Trail Improvements); and WHEREAS, County staff recommends a joint powers agreement with the City and School District to define right of way acquisition, construction and maintenance responsibilities, project cost participation, including State Bond funding; and WHEREAS, the County, City and School District have included these projects in their Capital Improvement Programs to share project responsibilities. NOW, THEREFORE, it is agreed the County, City and School District will share project responsibilities and jointly participate in the project costs associat ed with County Project 30- 39 and City Project 1408: 1. Administration. The County is the lead agency for right of way and construction administration of CP 30-39 (City Project 1339). The City is the lead agency for design and construction administration of City Project 1408. Subject to the requirements below, the County, City and School District shall each retain final decision-making authority within their respective jurisdictions. 2. Engineering. Design engineering costs, including public involvement, agency involvement, preliminary/final design, plans, specifications and proposal, surveying, mapping, consultant engineering, right of way mapping, construction engineering, Dakota County Contract #C00XXXXX February XX, 2020 Page | 4 construction management, construction inspection and all related materials testing, including the cost of County, City and School District staff time for these purposes, (collectively, “Engineering Costs”) are shared as outlined in the joint powers agreement for design (Dakota County Contract C0032929) of CP 30-39 (City Project 1339). Design engineering costs, including public involvement, agency involvement, preliminary/final design, plans, specifications and proposal, surveying, mapping, consultant engineering, right of way mapping, construction engineering, construction management, construction inspection and all related materials testing, including the cost of City and School District staff time for these purposes, (collectively, “Engineering Costs”) are shared as outlined in the agreement for design of City Project 1408. 3. Cost Share. County Project 30-39 (City Project 1339) and City Project 1408 is broken into four areas. The four areas and cost splits are listed below and depicted on Exhibit A and B: a. School Parking Lot (County Project 30-39) The costs for this element will be paid 100% by the School District. b. Diffley Road (CSAH 30) Improvements (County Project 30-39) The costs for this element will be split between the County and City. The County will contribute 85 percent of the right of way and construction costs (after deducting any outside funding cost participation amounts) of eligible project costs in accordance with County policies included in the current adopted Dakota County Transportation Plan. c. New School Access Road Improvements (County Project 30-39) The costs for this element will be split between the County and School District. The County will contribute 85 percent of the right of way and construction costs (after deducting any outside funding cost participation amounts) of eligible project costs in accordance with County policies included in the current adopted Dakota County Transportation Plan. Dakota County Contract #C00XXXXX February XX, 2020 Page | 5 d. Braddock Trail Improvements (City Project 1408) The costs for this element will be split between the City and School District. The City will contribute 47 percent of the construction costs (after deducting any outside funding cost participation amounts) of eligible project costs. 4. Non-Project Costs. It is understood that for efficiency and cost effectiveness, one of the Parties may request elements not required as part CP 30-39 and/or City Project 1408, be included in the Projects. The Party making said request shall be responsible for 100% of the costs not required due to the Project construction, and 100% of all aesthetic elements that exceed the County maximum participation for aesthetic elements in accordance with County policies included in the current adopted Dakota County Transportation Plan. 5. Municipal Construction Items. The costs for the design and reconstruction of improvements to any street under City jurisdiction, outside of the scope and construction limits for the Project, and any access or access improvements to local developments that are planned but not required by the Project, shall be the responsibility of the City. 6. School District Construction Items. The costs for the design and reconstruction of improvements to any property (parking lot, internal school complex roadway system, greenspace, etc.) under School District, outside of the scope and construction limits for the Project, and any access or access improvements to local developments that are planned but not required by the Project, shall be the responsibility of the School District. 7. Construction Items. Cost sharing includes all highway, roadway and parking lot construction items, including removals; sidewalks and trails; mobilization and traffic control, temporary widening or other measures if required as part of traffic control or project staging; traffic signal system construction items; County furnished materials; mitigation as required by state and federal permits including accessibility requirements; installation of retaining walls, installation of pedestrian activated beacons, replacement or restoration of fences, landscaping and driveways when affected by construction; replacement or adjustment of sanitary sewer, water and storm sewer systems, if required due to construction; relocating or adjusting privately Dakota County Contract #C00XXXXX February XX, 2020 Page | 6 owned utilities when not performed at the expense of the utility; water pollution best management practices, including storm sewer and other stormwater management facilities, eligible for County/City State Aid funding and based on contributing flows from the County right of way, meeting National Urban Runoff Protection (NURP) standards; wetland mitigation and banking; installation of roundabout and design elements integral to the safe design and operation of the rounda bouts; mitigation required for access modifications; modifications, replacement or adjustment of lighting, including roundabout intersection lighting, if required due to construction, and all other construction aspects outlined in the plan except for elements as called out under this Agreement or County policies included in the current adopted Dakota County Transportation. 8. Aesthetic Elements. Aesthetic elements for the Project consist of decorative pavements, trail lighting, undergrounding of private utilities, landscaping and plantings. The County will participate up to 50 percent (50%) of the cost of aesthetic elements up to a maximum amount of three percent (3%) of the County’s share (prior to application of State Bond funding) of highway construction costs for CP 30-39. Highway construction costs exclude costs for items such as right of way, storm sewer and ponding. The City shall be responsible for 50 percent (50%) of the costs of all aesthetic elements and 100 percent (100%) of the costs that exceed the County’s maximum participation for aesthetic elements for CP 30-39. The responsibility for maintenance of all aesthetic elements shall be in accordance with County policies included in the current adopted Dakota County Transportation Plan. 9. Miscellaneous Elements. General maintenance will be handled in accordance with County policies included in the current adopted Dakota County Transportation Plan for CP 30-39. 10. Enhanced Pedestrian Crossings. Upon completion of the Projects, electrical power (if applicable) necessary for the operation of the enhanced pedestrian crossings and maintenance of the crossings and its components will be provided in accordance with County policies included in the current adopted Dakota County Transport ation Plan for CP 30-39 and City Project 1408. Dakota County Contract #C00XXXXX February XX, 2020 Page | 7 a. City Roadways. All enhanced pedestrian crossing power and maintenance costs will be paid 100% by the City for crossings within City right of way. b. School Complex. All enhanced pedestrian crossing power and maintenance costs will be paid 100% by the School District for crossings within the School Complex area. 11. Street Lighting, Trail Lighting and Maintenance Costs. Upon completion of the Projects, electrical power necessary for the operation of the streetlights (including roundabout lighting, trail lighting and parking lot lighting) and maintenance of the streetlights will be provided in accordance with County policies included in the current adopted Dakota County Transportation Plan for CP 30-39 and City Project 1408. a. County Highways. i. School Zone Lighting. City/County responsibilities for lighting along CSAH 30, Diffley Road within the school zone will be in accordance with Transportation Plan Policy (currently F.17) for power and maintenance costs for school zone lighting. ii. Roundabout Intersection Lighting. The City shall be responsible for all power costs and maintenance. b. City Roadways. The City will be responsible for all power and maintenance costs for lighting along city roadways. c. School Complex. The School District shall be responsible for all power and maintenance costs for school access roadways/driveways, trail lighting (Braddock Trail to south parking lot) and parking lot lighting. 12. Right-of-Way. The preliminary design for the projects will determine the existing right of way, permanent and temporary highway easement and drainage and utility easements required to complete the improvements. The lead agency will undertake all actions necessary to acquire all permanent and temporary highway right of way, including relocations, and will acquire all right of way for sidewalk and trail construction, wetland damage mitigation and banking, drainage and ponding, and Dakota County Contract #C00XXXXX February XX, 2020 Page | 8 water pollution control best management practices for the Projects. Except as set forth below, the costs of acquiring highway right of way, including right of way for drainage inlets and outlets, shall be shared based on the County’s and City’s share of the final construction costs in accordance with the current Dakota County Transportation Plan and Cost Participation policies. The collaborating agency shall convey to the lead agency, at no cost, before construction of the Project begins, all necessary permanent highway and temporary easements, on forms approved by the County Attorney’s office, on all adjacent County/City-controlled real property for Project purposes. The collaborating agency shall convey rights to the lead agency, at no cost, before construction of the Project begins, to all public easements and rights of way necessary for project purposes, including the right to grade within drainage and utility easements as necessary. Upon completion of the Project, the ownership of the drainage and ponding easements and permanent right of way for City streets shall be owned by City. Any right of way costs for new sanitary sewer, water mains and appurtenances, and aesthetic elements outside of the right of way needed for the highway improvements shall be the responsibility of the City. 13. Plans, Specifications and Award of Contract. The lead agency will prepare plans and specifications consistent with County, City and School District design standards, State-Aid design standards and MnDOT standards and specifications. Concurrence with the plans and specifications is required prior to advertising for bids. Within 7 days of opening bids for the construction contract, the lead agency shall submit a copy of the low bid and an abstract of all bids together with the request for concurrence by the State in the award of the construction contract to the lowest responsible bidder. The lead agency may award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. If a bid is not awarded, this Agreement shall terminate for the specific project that is not awarded, and all costs incurred as of the date of termination shall be apportioned in accordance with the terms of this Agreement. The contract construction shall be performed in accordance with State approved plans, specifications and special provisions which are made a part hereof by reference with the same force and effect as though fully set forth herein. Dakota County Contract #C00XXXXX February XX, 2020 Page | 9 14. Construction Standards. All construction, including traffic control, shall be accomplished in accordance with applicable State Aid, County and City standards, specifications, and policies to the satisfaction of the County and City. The County and City reserves the right to inspect construction materials and methods as needed. 15. City Utilities. Except as stated in the above sections of this Agreement, the City shall pay all other costs associated with city utilities impacted as part of the applicable Projects. Further, the City shall be responsible for the maintenance of all such facilities after the completion of the Project. 16. Project Cost Updates. The lead agency must provide updated cost estimates showing the County, City and School District shares of CP 30-39 Project costs annually at the time of Capital Improvement Program development. Updated cost estimates will also be provided by the lead agency at the following times: • prior to approval of the appraised values for any necessary right of way acquisitions; • prior to advertising a construction contract; • after bid opening (prior to contract award); • during construction if total contract changes exceed $100,000; • once per year following the construction season until the Project is complete. Project cost estimate updates include actual and estimated costs for engineering, right of way acquisition, utility relocation and construction. The Parties acknowledge that Project cost estimates are subject to numerous variables causing the estimates to be subject to change and the updates are provided for informational purposes in good faith. Each agency is responsible for informing their respective council or board regarding Project costs estimates. 17. Payment. a. The lead agency for each project will administer the contract and act as the paying agent for all payments to the Contractor. Payments to the Contractor will be made as the project work progresses and when certified by the City or County Engineer. Upon presentation of an itemized claim by one agency to the Dakota County Contract #C00XXXXX February XX, 2020 Page | 10 other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this Agreement upon receipt or within a maximum of 35 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any outstanding amount will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. Exhibit B shows the November 2020 cost estimate breakdown for both County Project 30-39 and City Project 1408. b. County Project 30-39. The County will administer the contract and act as the paying agent for all payments to the Contractor. Payments to the Contractor will be made as the project work progresses and when certified by the County Engineer. The County will request payment of the School District and City’s share of the Project’s engineering/design, right-of-way acquisition and construction costs (estimated at $164,019 for the School District and $164,019 for the City) after May 1, 2022. To the extent the actual School District and City shares of costs are higher than the estimates listed above, the County will request payment of any balance due after May 1, 2023. c. City Project 1408. The County will administer the contract and act as the paying agent for all payments to the Contractor. Payments to the Contractor will be made as the project work progresses and when certified by the County Engineer. The County will request payment of the School District and City’s share of the Project’s construction costs (estimated at $68,728 for the School District and $60,897 for the City) after May 1, 2022. The City will request payment of the School District’s and City’s share of the Project’s costs (engineering/design, right-of-way and construction) monthly. To the extent the actual School District and City shares of costs are higher than the estimates listed above, the County will request payment of any balance due after May 1, 2023. 18. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect any of the Projects’ cost participation must be approved by the Dakota County Contract #C00XXXXX February XX, 2020 Page | 11 Authorized Representative of each party prior to execution of work. Both Parties shall endeavor to provide timely approval of change orders and supplemental agreements so as not to delay construction operations. 19. Amendments. Any amendments to this Agreement will be effective only after approval by each governing body and execution of a written amendment document by duly authorized officials of each body. 20. Effective Dates for Design and Construction of Project. This Agreement will be effective upon execution by duly authorized officials of each governing body and shall continue in effect until all work to be carried out in accordance with this Agreement has been completed. Absent an amendment, however, in no event will this Agreement continue in effect after January 1, 2024. 21. Final Acceptance. Final acceptance of the Projects must be approved by all parties. The City requires a maintenance bond from the Contractor for the installation of City infrastructure (street and utilities) to be installed with the Projects. The warranty period for materials and workmanship shall be two years from the date of final acceptance by the City. This requirement shall be included in the bidding documents for the Projects. 22. Storm Sewer Construction and Maintenance. The City shall be responsible for assisting with the storm sewer inspection including having an inspector on-site during storm sewer installation. The City and County entered into a Maintenance Agreement for Storm Sewer Systems dated October 29, 2013 (Dakota County Contract #C0025408) (“Maintenance Agreement”) which governs maintenance, repair and replacement duties and costs shared by the County and City for stormwater sewer system located on or along County Highway right-of-way. Upon acceptance of the Projects, on-going maintenance and repairs of storm sewer systems shall be provided in accordance with the current County and City Maintenance Agreement. The County will participate in replacement or repair of storm sewer systems constructed by these Projects in accordance with County policies included in the current adopted Dakota County Transportation Plan. Dakota County Contract #C00XXXXX February XX, 2020 Page | 12 23. Sidewalks and Trails. Upon acceptance of the Projects, maintenance of sidewalk and trails shall be provided in accordance with the current adopted Dakota County Transportation Plan. The County and City shall be responsible for the costs of trail resurfacing or reconstruction in accordance with County policies included in the current adopted Dakota County Transportation Plan. 24. Pavement Maintenance. Upon acceptance of the Projects, the City shall be responsible for all pavement maintenance within City right-of-way and the County shall be responsible for all pavement maintenance within County right of way unless necessitated by a failure of a municipal utility system or installation of new facilities. 25. Subsequent Excavation. After completion of the Projects, and after expiration of the warranty period regarding repair, if excavation within the County right of way is necessary to repair or install water, sanitary sewer, or other city utilities, the City shall apply for a permit from the County and shall be responsible to restore the excavated area and road surface to substantially the condition at the time of disturbance. If the City employs its own contractor for the above described water, sewer or other utility repair or installation, the City shall hold the County harmless from any and all liability incurred due to the repair or installation of said water, sewer or other municipal utility including, but not limited to, the costs of repair as well as liability to third parties injured or damaged as a result of the work. If the City fails to have the highway properly restored, the County Engineer may have the work done and the City shall pay for the work within 35 days following receipt of a written claim by the County. 26. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation and standard specifications, rules, and contract administration procedures. 27. Indemnification. Each Party agrees to defend, indemnify, and hold harmless the other Parties against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the indemnifying Party and/or those of its employees or agents. All Parties to this Agreement recognize that liability for any claims arising under this Agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Dakota County Contract #C00XXXXX February XX, 2020 Page | 13 Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against either Party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual Parties. Each Party shall include the other Party as additional insured in the contract documents. 28. Employees of Parties. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the City or School District, for any purpose, including Worker’s Compensation, and any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the City or School District. Any and all persons engaged in the work to be performed by the City shall not be considered employees of the County or School District, for any purpose, including Worker’s Compensation, and any and all claims that may or might arise out of said employment context on behalf of said employee while so engaged. Any and all claims made by any third party as a consequence of any act or omissions of the part of the City’s employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County or School District. Any and all persons engaged in the work to be performed by the School District shall not be considered employees of the County or City, for any purpose, including Worker’s Compensation, and any and all claims that may or might arise out of said employment context on behalf of said employee while so engaged. Any and all claims made by any third party as a consequence of any act or omissions of the part of the School District’s employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County or City. 29. Audits. Pursuant to Minnesota Statutes Section 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the City relevant to this Agreement are subject to examination by the County or the City and either the Legislative Auditor or the State Auditor as appropriate. T he County and the City agree to maintain these records for a period of six years from the date of Dakota County Contract #C00XXXXX February XX, 2020 Page | 14 performance of all services covered under this Agreement. Dakota County will be financially responsible for the cost of the audit. 30. Integration and Continuing Effect. The entire and integrated agreement of the Parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the City and the County regarding the Project s; whether written or oral. All agreements for future maintenance or cost responsibilities shall survive and continue in full force and effect after completion of the construction provided for in this Agreement together with each parties indemnification obligations. 31. Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: COUNTY OF DAKOTA CITY OF EAGAN INDEPENDENT SCHOOL DISTRICT 196 Mark Krebsbach (or successor) Russ Matthys (or Mark Stotts (or successor) Dakota County Transportation successor) (651)-423-7723 Director/County Engineer Eagan City Engineer Director of Finance & Operations 14955 Galaxie Avenue 3830 Pilot Knob Rd. Mark.Stotts@district196.org Apple Valley, MN 55124 Eagan, MN. 55122 (952) 891-7100 (651) 675-5000 Mark.krebsbach@co.dakota.mn.us jgorder@cityofeagan.com The Authorized Representative shall obtain authorization to implement or administer any provision of this Agreement from his or her respective governing body as required by the governing body’s policies and procedures. The parties shall promptly provide notice to each other when an Authorized Representative’s successor is appointed. The Authorized Representative’s successor shall thereafter be the Authorized Representative for purposes of this Agreement. All notices or communications required or permitted by this Agreement shall either be hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Either party may change its address by written notice to the other party. Mailed notice shall be deemed completed two business days after the date of mailing. Dakota County Contract #C00XXXXX February XX, 2020 Page | 15 [SIGNATURE PAGE TO FOLLOW] Dakota County Contract #C00XXXXX February XX, 2020 Page | 16 IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized officials. INDEPENDENT SCHOOL DISTRICT 196 RECOMMENDED FOR APPROVAL: __________________________ By_________________________ Superintendent Mary Kreger School Board Chairperson Jackie Magnuson (SEAL) By_________________________ School Board Clerk Sachin Isaacs Date_______________________ Dakota County Contract #C00XXXXX February XX, 2020 Page | 17 CITY OF EAGAN RECOMMENDED FOR APPROVAL: __________________________ By_________________________ Public Works Director Mayor Russ Matthys Mike Maguire (SEAL) By_________________________ City Clerk Date_______________________ Dakota County Contract #C00XXXXX February XX, 2020 Page | 18 DAKOTA COUNTY RECOMMENDED FOR APPROVAL: By Physical Development Director __________________________ Date________________ County Engineer APPROVED AS TO FORM: Assistant County Attorney Date: CAO File #: KS-______________ COUNTY BOARD RESOLUTION No. Date: Dakota County Contract #C00XXXXX February XX, 2020 Page | 19 EXHIBIT “A” Dakota County Contract #C00XXXXX February XX, 2020 Page | 20 EXHIBIT “B” Dakota County Contract June 30, 2020 County Project Contract No: C0032929 FIRST AMENDMENT TO THE JOINT POWERS AGREEMENT FOR Diffley Road (CSAH 30) School Area Improvements BETWEEN THE COUNTY OF DAKOTA The City of Eagan AND Independent School District 196 FOR COUNTY PROJECT NO. 30-39 CITY PROJECT NOs. 1339 & 1408 School District – No project number SYNOPSIS: Dakota County, City of Eagan and School District 196 agree to move forward with survey, design and right of way work to prepare plans for potential construction of the recommended Diffley Road, County State Aide Highway (CSAH) 30 and School Area improvements. The design project consists of modifications to CSAH 30 lane reduction from a four-lane to two-lane divided section from east of Lexington Avenue to approximately 2,000 feet east of Braddock Trail with new roundabouts at Daniel Drive and Braddock Trail, corridor street lighting a new access roadway from the south parking lot to CSAH 30 at Daniel Drive and modifications to the Northview Elementary and Dakota Hills Middle School / Eagan High School Parking Lots. Dakota County Contract #C0032929-1 Page | 2 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this Agreement as the "County", Independent School District 196 referred to in this Agreement as the “School District” and the City of Eagan, referred to in this Agreement as the "City", and jointly referred to in this Agreement as the "Parties”, and witnesses the following: WHEREAS, under Minnesota Statutes Sections 162.17, subd.1 and 471.59, subd.1, two or more governmental units may enter into an Agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, the County, City and School District have requested state bond funds for construction of this project and agree to include design engineering costs in their Capital Improvement Programs and will jointly participate in the costs of said construction project if state bonding funds are approved for the project and the project proceeds; and WHEREAS, to provide a safe and efficient transportation system, the County, City and School District are partnering on County Project CP 30-39, City Project 1339; and WHEREAS, County staff recommends a joint powers agreement with the City and School District to define responsibilities and costs associated with design, survey, preliminary right of way work and other elements associated with preparing plans for the potential construction project; and WHEREAS, it is considered mutually desirable to develop the design for the Diffley Road (CSAH 30) School Area Improvements, referred to as “Project”; and WHEREAS, based on the recommendations of the School Area Safety Improvements Study, the Project is a lane reduction of CSAH 30 east of CSAH 43, single-lane roundabouts at Daniel Drive and Braddock Trail, a new access road from the Diffley Road and Daniel Drive intersection to the Dakota Hills Middle School/Eagan High School’s south parking lot, and reconfiguration/ expansion of the schools’ parking lots; and WHEREAS, the Parties have mutually agreed to the benefit of the Project. Dakota County Contract #C0032929-1 Page | 3 NOW, THEREFORE, it is agreed that the Parties will share Project responsibilities and jointly participate in the costs associated with the design phase of the Project, and related activities as described in the following sections: 1. Administration. The County is the lead agency for design, right of way, and construction administration. Subject to the requirements below, the County, City and School District shall each retain final decision-making authority within their respective jurisdictions. 2. Design Phase -Engineering: Design engineering costs, including public involvement, agency involvement, project management, preliminary & final design, plans, specifications and proposal, surveying, mapping, consultant engineering and right of way mapping, including the cost of County and City staff time for these purposes, (collectively, “Engineering Costs”) shall be shared based on the County, City and School District share of the final construction costs in accordance with the current adopted County Transportation Plan Cost Participation Policy and as outlined below. 3. Cost Share. The cost share for the project is based on distribution of estimated construction costs for each element of the project. The cost share distribution for three separate project elements as follows: I. The Braddock Trail, School Entrances and School Circulation Improvements Project includes improvements to the three school lot accesses off Braddock Trail and School Lot improvements to the East lot, will be designed and constructed under a separate project between the city and school. No costs associated with the design of this project element are included in this Joint Powers Agreement. II. School Lot Modifications includes improvements to onsite circulation in the south lot. The School District will be responsible for 100% of design costs associated with these project elements. III. New School Access Road includes new roadway access as a north approach across from Daniel Drive to the Dakota Hills Middle School (Middle School)/Eagan High School’s (High School) south lot, lot expansion for Dakota Hills Middle School & Eagan High School and modifications to North View Elementary Lot modifications. The new access road will have a cost share of Dakota County Contract #C0032929-1 Page | 4 85percent County and 15 percent School District based on County cost share policies associated with new roadway in consideration that this new roadway is essential to the overall Project including lane reduction on Diffley Road. IV. The Diffley Road Improvements Project includes lane reduction, roundabouts at Daniel Drive and Braddock Trail, and all elements associated with the roadway design. The Diffley Road, CSAH 30 improvements will have a cost share of 85 percent County and 15 percent City in accordance with max cost share for reconditioning project. The Project as outlined in section 2 “Design Phase - Engineering” has been updated and is estimated to be $960,000. The cost distribution is based on the preliminary construction cost estimate for the Project elements. The $960,000 estimated cost will be apportioned between the City, County and School District according to the following percentages with associated estimated costs: County 85% ($816,000), City 8% ($77,000), and School District 7% ($67,000). 4. Non-Project Costs. It is understood that for efficiency and cost effectiveness, one of the Parties may request elements not required as part of the recommendations of the Diffley Road School Area Improvements, be included in the Project. The governmental unit making said request shall be responsible for 100% of the costs not required due to Project construction, and 100% of all aesthetic elements that exceed the County maximum participation for aesthetic elements in accordance with County policies included in the current adopted Dakota County Transportation Plan. 5. Right-of-Way – Preliminary work. The preliminary design for the Project will determine the existing right-of-way, permanent and temporary highway easement and drainage and utility easements required to complete the improvements. The County will undertake all actions necessary to appraise right-of-way as applicable. Any right-of -way acquisition of non-City, County or School district property will require execution of a construction agreement including outlining right-of-way prior to acquisition. 6. Right of Way Conveyance: The City and School District shall convey to the County at no cost, before construction of the Project begins, all necessary highway easements, on forms drafted by the County and approved by the respective parties, on all adjacent County, City or School District controlled real property for Project purposes. The City and Dakota County Contract #C0032929-1 Page | 5 School District shall convey rights to the County, at no cost, before construction of the Project begins, to all public easements and rights of way necessary for project purposes, including the right to grade within drainage and utility easements as necessary. Upon completion of the Project, the ownership of the drainage and ponding easements and permanent right of way for City streets shall be owned by City. Any right of way costs for new sanitary sewer, water mains and appurtenances, and aesthetic elements outside of the right of way needed for the highway improvements shall be the responsibility of the City. 7. Plans, Specifications and Award of Contract. The County will prepare plans and specifications consistent with County, City, and School District design standards, State- Aid design standards and MnDOT standards and specifications. Concurrence with the plans and specifications is required prior to advertising for bids. 8. Construction Agreement. Prior to advertising, the County, City and School District will need to enter into an agreement for construction and maintenance of the improvements. Nothing in this Joint Powers Agreement shall be construed to require the parties to enter into a construction agreement or proceed to the construction phase of the Project. If the full amount of the requested state bonding project funds is not approved, the sole obligation of the parties under this Joint Powers Agreement shall be the payment of the design phase costs incurred described in Section three (3) as apportioned between the parties. 9. Project Cost Updates. The County will provide an updated cost estimates for construction as part of this project showing the State, County, City and District shares of Project costs for consideration in entering a construction agreement. Project cost estimate updates include estimated costs for engineering services associated with construction, right of way acquisition, utility relocation and construction. The Parties acknowledge that Project cost estimates are subject to numerous variables causing the estimates to be subject to change and the updates are provided for informational purposes in good faith. Each agency is responsible for informing their respective council or board regarding Project costs estimates. Dakota County Contract #C0032929-1 Page | 6 10. Payment. The County will administer the contract and act as the paying agent for all payments to the Contractor. Payments to the Consultant will be made as the project work progresses and when certified by the County Engineer. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this Agreement upon receipt or within a maximum of 35 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any outstanding amount will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 11. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect any of the Project cost participation must be approved by the Authorized Representative of each party prior to execution of work. The Parties shall endeavor to provide timely approval of change orders and supplemental agreements so as not to delay construction operations. 12. Amendments. Any amendments to this Agreement will be effective only after approval by each governing body and execution of a written amendment document by duly authorized officials of each body. 13. Effective Dates for Design of Project. This Agreement will be effective upon execution by duly authorized officials of each governing body and shall continue in effect until all work to be carried out in accordance with this Agreement has been completed or until the Project is discontinued at a reasonable stopping point in the design work as determined by the County Project Manager in discussion with the project team due to the failure to secure state funding. Absent an amendment, however, in no event will this Agreement continue in effect after August 1, 2022. 14. Final Acceptance. Final acceptance of the Projects must be approved by the parties. The City requires a maintenance bond from the Contractor for the installation of City infrastructure (street and utilities) to be installed with the Projects. The warranty period for materials and workmanship shall be two years from the date of final acceptance by the City. This requirement shall be included in the bidding documents for the Projects. Dakota County Contract #C0032929-1 Page | 7 15. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation and standard specifications, rules, and contract administration procedures, and State statutes as applicable to carrying out the work contemplated in this Agreement unless amended by the contract specifications. 16. Indemnification and Insurance. Each Party agrees to defend, indemnify, and hold harmless the other Parties against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the indemnifying Party and/or those of its employees or agents. All Parties to this Agreement recognize that liability for any claims arising under this Agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against any Party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual Parties. Each Party shall include the other Party as additional insured in the contract documents. 17. Employees of Parties. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the City or School District, for any purpose, including Worker’s Compensation, and any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the City or School District. Any and all persons engaged in the work to be performed by the City shall not be considered employees of the County or School District for any purpose, including Worker’s Compensation, and any and all claims that may or might arise out of said employment context on behalf of said employee while so engaged. Any and all claims made by any third party as a consequence of any act or omissions of the part of the City’s employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County or School District. Any and all persons engaged in the work to be performed by the School District shall not be considered employees of the County or City for any purpose, including Worker’s Compensation, and any and all claims that may or might arise out of said employment Dakota County Contract #C0032929-1 Page | 8 context on behalf of said employee while so engaged. Any and all claims made by any third party as a consequence of any act or omissions of the part of the School District employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County or City. 18. Audits. Pursuant to Minnesota Statutes Section 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County, City and the School District relevant to this Agreement are subject to examination by the County, City or the School District and either the Legislative Auditor or the State Auditor as appropriate. The County, City, and the School District agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. Dakota County will be financially responsible for the cost of the audit. 19. Integration and Continuing Effect. The entire and integrated agreement of the Parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the County, City and the School District regarding the Projects; whether written or oral. All agreements for future maintenance or cost responsibilities shall survive and continue in full force and effect after completion of the construction provided for in this Agreement together with each parties’ indemnification obligations. 20. Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: COUNTY OF DAKOTA Mark Krebsbach (or successor) Dakota County Transportation Director/County Engineer 14955 Galaxie Avenue Apple Valley, MN 55124 (952) 891-7100 Mark.krebsbach@co.dakota.mn.us CITY OF EAGAN Russ Matthys (or successor) Eagan City Engineer 3830 Pilot Knob Rd. Eagan, MN. 55122 (651) 675-5000 jgorder@cityofeagan.com INDEPENDENT SCHOOL DISTRICT 196 Mark Stotts (or successor) (651)-423-7723 Director of Finance & Operations Mark.Stotts@district196.org The Authorized Representative shall obtain authorization to implement or administer any provision of this Agreement from his or her respective governing body as required by the governing body’s policies and procedures. The parties shall promptly provide notice to each other when an Authorized Representative’s successor is appointed. The Authorized Dakota County Contract #C0032929-1 Page | 9 Representative’s successor shall thereafter be the Authorized Representative for purposes of this Agreement. All notices or communications required or permitted by this Agreement shall either be hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Either party may change its address by written notice to the other party. Mailed notice shall be deemed completed two business days after the date of mailing. [SIGNATURE PAGE TO FOLLOW] Dakota County Contract #C0032929-1 Page | 10 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. Independent School District 196 RECOMMENDED FOR APPROVAL: By Superintendent Mary Kreger School Board Chairperson Jackie Magnuson By Sachin Isaacs School Board Clerk Date ----------------------------------------------------------------------------------------------------------------------------- CITY OF EAGAN RECOMMENDED FOR APPROVAL: By Public Works Director Russ Matthys Mayor Mike Maguire By City Clerk Date Dakota County Contract #C0032929-1 Page | 11 ----------------------------------------------------------------------------------------------------------------------------- DAKOTA COUNTY RECOMMENDED FOR APPROVAL: By Mark Krebsbach Steve Mielke Dakota County Transportation Director/County Engineer Physical Development Director Date: APPROVED AS TO FORM: ________________________________ Assistant Dakota County Attorney Date: KS-2020-00225-001 COUNTY BOARD RESOLUTION No. 21- Date: Agenda Information Memo February 16, 2021 Eagan City Council Meeting CONSENT AGENDA N. Diffley Road (CSAH 30) No- Parking Resolution of Support Action To Be Considered: Approve a resolution of support for Dakota County Transportation Department’s designation of a no-parking zone on both sides of Diffley Road (CSAH 30), Lexington Avenue to Trenton Trail, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ As part of the lane configuration modifications planned for th e Diffley Road School Area Improvements (4 lanes to 2 lanes with shoulders), Dakota County Transportation Department is requesting a resolution of support for the County Engineer to designate “no-parking” on both sides of Diffley Road from Lexington Avenue to Trenton Trail. ➢ A portion of the planned 2 lane configuration on Diffley Road includes shoulder areas on both sides of the roadway intended for emergency vehicle bypass. The prohibition of motor vehicle parking would be required in this segment of Diffley Road to ensure the availability of the emergency vehicle bypass. The no parking designation, together with the no-parking signs that are to be installed, will enable the enforcement of the parking restrictions. ➢ The resolution of support has been reviewed by the Public Works Department and found to be in order for favorable Council action. Attachments (1) CN-1 Resolution CITY OF EAGAN A RESOLUTION RELATING TO PARKING RESTRICTIONS ON DIFFLEY ROAD (CSAH 30) THIS RESOLUTION, passed this 16th day of February, 2021, by the City of Eagan in Dakota County, Minnesota. The Municipal corporation shall hereinafter be called the “City.” WITNESSETH: WHEREAS, as part of the lane configuration modifications planned for the Diffley Road School Area Improvements (4 lanes to 2 lanes with shoulders), the Dakota County Transportation Department is requesting a resolution of support for the County Engineer to designate “no-parking” on both sides of Diffley Road from Lexington Avenue to Trenton Trail; and WHEREAS, a portion of the planned 2 lane configuration on Diffley Road includes shoulder areas on both sides of the roadway intended for emergency vehicle bypass; and WHEREAS, the prohibition of motor vehicle parking would be required in said segment of Diffley Road to ensure the availability of the emergency vehicle bypass; and WHEREAS, the no-parking designation, together with the no-parking signs that are to be installed, will enable the enforcement of the parking restrictions. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Eagan supports the County’s prohibition of motor vehicle parking on both sides of Diffley Road (CSAH 30), from Lexington Avenue to Trenton Trail. DATED this 16th day of February 2021 Mike Maguire, Mayor ATTEST: Christina M. Scipioni, City Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof held in the City of Eagan, Minnesota, on the 16th day of February, 2021, as disclosed by the records of said City in my possession. Christina M. Scipioni, City Clerk Agenda Information Memo February 16, 2021 Eagan City Council Meeting CONSENT AGENDA O. Telecommunications Lease Amendment Agreement Safari Reservoir Action To Be Considered: Approve the third amendment to the telecommunication lease agreement with T-Mobile, for upgrades on the Safari Reservoir site and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ The City has received an application from T-Mobile for upgrades to the wireless communication system antennas on the Safari Reservoir site located at 2091 Royale Drive. ➢ The amendment has been reviewed by the City’s Engineering Consultant, City Attorney’s Office, and Public Works Department personnel and found to be consistent with o ther past lease agreements and in order for favorable Council consideration. Attachment (1) CO-1 Amendment to Lease Agreement DocuSign Envelope ID: B1A10B96-4CA4-4Al2-AF80-8F8609786473 Market: Minnesota Tenant's Cell Site Name: Al Q0008A Landlord's Cell Site Name: SafariTower THIRD AMENDMENT TO LEASE AGREEMENT THIS THIRD AMENDMENT TO LEASE AGREEMENT ('Third Amendment"), dated as of the latter of the signature dates below (`Effective Date"), is by and between the City of Eagan, a Minnesota municipal corporation, ("Landlord") and T -Mobile CentralLLC, a Delaware limited liability company ("Tenant"). Recitals A. Landlord and Tenant entered into a Lease Agreement dated October 15"',1996 ("OriginalLease") which was subsequently amended on October 16'", 2012 ("First Amendment"). The Lease was further amended on May 19",2015 ("Second Amendment"). The Original Lease, the First Amendmentand the Second Amendment are collectively hereinafter referred to as the "Lease". Pursuant to the Lease, Landlord leased to Tenant those certain premises described on Exhibit B ("Premises") commonly referred to as the Safari Water Tank, therein described, that are a portion of the Property located at 2091 Royale Drive, City of Eagpn, County of Dakota, State of Minnesota ("Property"), B. Landlord and Tenant desire to amend certain provisions of the Lease as expressly set forth in this Third Amendment. Agreement IN CONSIDERATION of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1. LEASE OF PREMISES. The Lease is amended to allow Tenant to remove, replace and install such additional equipment as specifically set forth on Exhibit B-2 attached hereto and incorporated herein ("Additional Equipment') at the Property. The Additional Equipment set forth on Exhibit B-2 shall be constructed and installed in accordance with the plans and specifications as set forth on Exhibit B-2 and in accordance with the rules and regulations ofLandlord and state and local laws and building codes. Except asset forth on Exhibit B -2, Tenant shall not be allowed to make any other additions orreplacements of the Additional Equipment or any other equipment or Antenna Facilities without Landlord's prior written consent. Nothing contained in this Third Amendment shallbe deemed a waiver of any provision(s) in the Lease that requires Tenant to obtain Landlord's consent for any improvements orchanges to Tenant's equipment in the future. If Tenantoccupies any otherportion of groundspace located at the Property orany other space on the watertower, otherthan as expressly shown on Exhibit B-2 Tenant shall be in material default under the terms of the Lease and this Third Amendment, and Tenant shall reimburse Landlord for all attorneys' fees, court costs, unpaid rent for any portion of the Property so occupied and a ll other costs and expenses incurredby Landlord as a result ofTenant's unauthorized occupancy. 2. CONSTRUCTION STANDARDS. All work to be performed by Tenant and its contractors, agents, and employees shallbe done in a good and workmanlikem anner and ofa first class quality and in accordance with the plans and specifications set forth on Exhibit B-2. Tenant shall not be permitted in anymaterialway to vary its construction from the plans and specifications set forth on Exhibit B-2 without Landlord's prior written consent. Tenant shall timely pay for all work to be performed upon the Property and shall not allow a lien to attach to the Property. Tenant shall defend, indemnify and hold harmless Landlord from any and all costs, charges, liens, suits, actions, andexpenses includingbut not limitedto attorneys' fees and court costs, (collectively, "Costs"), arising out of or related to: (1) Tenant's negligence or misconduct in the installation, use, operation, maintenance andpresence of the Additional Equipment, Tenant's Antenna Facilities or any other equipment of Tenant or its agents, contractots or assigns, except to the extent such Costs are caused by the negligence or willful misconduct of Landlord; and (2) Tenant's, or Tenant's agent's, contractor's or employee's entry or presence upon the Premises; (3) any default by Tenant under the Lease and any amendments thereto. The terms and conditions of this paragraph shall survive the expiration or earlier termination of the Lease. Tenant's Cell Site Name: Al Q0008A Landlord's Cell Site Name: Safari Tower Third Amendment To Lease Agreement A1Q0008A_NLG-20662_AMD_Anchor_Phase 3_5034860_17729 DocuSlgn Envelope ID: B1A10B96-4CA4-4Al2-AF80-8F8609786473 3. NEW CABLE VAULT/CONDUIT. Landlord may have already constructed and installed a pvc pipe conduit bank (or conduit made from other material) and conduit vault on the Property ("Conduit") orLandloid may elect to construct such Conduit in the future. Tenant shall use Landlord's Conduit for Tenant's underground cables to be installed from Tenant's ground facilities to the water tower if so construct ed and required by Landlord. Landlord's cost for Conduit shall be divided equally among all of the tenants of the Property and Tenant shall pay for its portion of the costs ofthe Conduit within sixty (60) days afterthe execution of this Third Amendment. Failureby Tenant to reimburse Landlord for the cost of the Conduit asset forth herein shall be deemed amaterial default under the Lease and the unpaid sum shall bear interest and late fees in the amounts set forth in the Lease and anyamendments thereto. Tenant shall also be responsible for any and all costs incurred by Landlord in connection with the use, operation, maintenance, changes, and upgrades of the Conduit. Tenant shall further be responsible for any damages causedto the Conduit caused directly or indirectly by Tenant, its agents or employees. Upon termination or expiration of the Lease, Tenant shall remove allof Tenant's wires, cables and any other equipment installed on the Property or intheConduit. The terms of this paragraph shall survive the expiration or earlier termination oftheLease. 4. COSTS. Tenant shall reimburse Landlord for all of Landlord's costs and expenses including but not limited to, attorneys' fees, third party consultant fees, staff administrative time, and any other fees and costs incurred by Landlord in connectionwith the preparation andnegotiation ofthis Third Amendment and any other future amendments of the Lease (collectively, "Landlord Expenses"). Tenant shall pay allLandlordExpenses within thirty (30) days after Landlord submits an invoice to Tenant for the Landlord Expenses. If Tenant fails to pay any the Landlord Expenses or any other sums owed to Landlord under the Lease or any other future amendments thereto, within thirty (3 0) days after Landlord submits such invoice to Tenant, Tenant shallpay to Landlord interest on such sums at the rate of fifteen percent (15%) per annum ("Interest") plus a late fee (to cover Landlord's administrative expenses with such late payment) of Two Hundred and 00/100 Dollars ($200.00) per month ("Late Fee") until all sums owedto Landlord have beenpaid in full. In addition to the Interest and Late Fee Tenant shall also be responsible for any attorney's fees, administrative expenses, collection costs and any other sums incurred by Landlord if Tenant fails to tun ely pay all sums owed to Landlord pursuant to the Lease, this Third Amendment and any other amendments to the Lease. Any failure to timely pay any sums owedwithin the applicable time periods set forth in this Third Amendment, the Lease or any other amendments to the Lease shallbe a material default underthe Lease. The tens of this paragraph shall survive the expiration or earlier termination of the Lease. 5. RENT. Notwithstanding anything in the Lease or this Amendment to the contrary, Landlord and Tenant acknowledge and agree that Landlord annually reviews the fees for telecommunications sites and that due to changes in technology and the telecommunications industry, Landlord revises its annual City of Eagan Fee Policy ("Fee Policy") to reflect such current market conditions. Any revisions to the Fee Policy shall not apply to Tenant unless Tenant undertakes to request future amendments to the Lease. If such amendments are requested, Landlord retains the right to revise the Rent owed pursuant to the Lease based upon the then current Fee Policy. Basedupon Tenants proposed installation and Landlord's current Fee Policy, the rent owed by Tenant pursuant to the Lease and this Amendment for2020 shall rem ain the same, subject to annual increases as set forth in the Lease. The Rent shall be subj ectto annual CPI and percentage increases as further described in the Lease. TheRentfor2020and each year thereafter, including any CPI andpercentage increases as provided in the Lease, shallbe due andpayable with when the Rent is due to Landlord pursuant to the Lease. 6. FAILURE TO REMOVE IMPROVEMENTS. Upon termination of the Lease for any reason, Tenant shall remove its Antenna Facilities (including all Additional Equipment) from the Property on or before the date oftermination, and shallrepair any damage to theProperty causedby such equipment, normalwear andtear, and casualty excepted; all at Tenant's sole cost and expense, whetherremoved by Tenant or Landlord. Any suchpersonal property or facilities which are notremoved on orb efore the date this Lease terminates shall, at Landlord's option, be deemed abandoned andbecomethe property ofLandlord. Inthe event Tenant leaves any personal property, equipment or any portion of its Antenna Facilities on the Property without Landlord's written consent, Tenant shall reimburse Landlord for the cost of removing and disposing of or storing the same, including but not limited to all costs and expenses associated with Landlord's administrative time in removing the personal property. Tenant shall be responsible for paying Base Rent and all other sums owed under this Lease until such time that Landlord or Tenant has removed the Antenna Facilities from the Property. In the event Landlord attempts to collect on any unpaid sums owed by Tenant under the Lease or this Third Amendment or Landlord brings any other action to enforce the terms of the Lease, as amended, including, but not limited to, Tenant's removal of its Antenna Facilities, Tenant shall be responsible for all costs of collectionincluding, butnotlimitedto, attorneys' fees, court costs, and expert witness fees Tenant's Cell Site Name: Al Q0008A Landlord's Cell Site Name: Safari Tower Third Amendment To Lease Agreement DocuSign Envelope ID: B1A10B96-4CA4-4Al2-AF80-8F8609786473 whether or not Landlord files suit against Tenant and all costs of Landlord's administrative time and expense. The terms of this Section shall survive thetermination or other expiration of this Lease. 7. ESCROW. Landlord reserves the right to require Tenant to deposit an escrow deposit ("Escrow') with Landlord in order to review any future amendment or proposed revision to the Lease in the future as may be requested by Tenant. Landlord shall have no obligation to review any proposed amendment unless Tenant deposits the Escrow with Landlord prior to such review. Landlord may determine the amount ofthe Escrow in Landlord's sole and absolute discretion and Landlord may apply all or any portion of the escrow to any fees incurred by Landlord to review any proposed amendments or other revisions by Tenant. Landlord may require Tenantto make an additional deposit to the Escrow if Landlord determines in its sole discretion that the Escrow deposit is insufficient. Anyportion of the Escrow deposit not used by Landlord will be refunded to Tenant after any and all changes or improvements have been completed, including anypunch-list items, to Landlord's sole satisfaction. 8. OTHERTERMS AND CONDITIONS REMAIN. In the event of any conflict betweentheterms of the Lease, including any prior amendments, and this Third Amendment, the terms of this Third Amendmentshall control; except as expressly set forth in this Third Amendment, the Lease shall remain otherwise unmodified and remain in fullforceandeffect. Each reference in the Lease and the Third Amendmentto themselves shall be deemed also to referto this Third Amendment. 9. INDEMNIFICATION. Tenant agrees to indemnify, defend and hold Landlord harmless from any and all claims, costs, penalties, fines, lawsuits, demands, and expenses, including attorney's fees and court costs, arising out of or related to (1) any negligence or misconduct in any entry upon the Property by Tenant's agents, contractors, and employees, except to the extent causedby the negligence or willful misconduct of Landlord; (2) the presence of Tenant's Antenna Facilities, the Additional Equipment or any other equipment or personal property of Tenant upon Landlord's Property; (3) any default by Tenant under the Lease, as amended. The indemnification provisions contained in the Third Amendrnent shallbe construed as additional indemnification obligations ofTenant and shall not be construed in anyway to limit or eliminate any ofthe indemnification provisions of Tenant contained in the Lease. Tenant shall not be required to indernnify Landlord from Landlord's negligence or willful misconduct. All indemnification obligations of Tenant as set forth in the Lease and this Third Amendment and any other amendments of theLease shall survive the termination or expiration ofthe Lease. 10. LIMITATION OF LANDLORD'S LIABILITY. Landlord's liability for damages to Tenant under the Lease and this Amendment shall be limited to the actual and direct costs of equipment removal and shall specifically exclude any recovery for value ofthe business ofTenantas ago ing concern, future expectation ofprofts, loss of business orprofit orrelated damages to Tenant. The terms of this paragraph shall survive the termination or expiration ofthe Lease. 11. CROSS -DEFAULT. In the event that Tenant or, or any permitted assignee or successor ofTenant, defaults under any obligations under the terms of the Lease, this Third Amendment or any other amendments of the Lease, or any other lease or agreement with the Landlord, Tenant shall, at Landlord's option, be in default under all other leases or other site agreements with Landlord, including but not limited to leases of any otherproperty owned by Landlord. If Landlord elects to exercise its right of cross -default as provided above, Tenant shall be in default under any and all other leases or other site agreements with Landlord until such time that Tenant has, to Landlord's satisfaction, cured the defaults under any and all other leases and agreements with Landlord. 12. AS-BUILTS AND PUNCHLIST MATTERS. Tenant shall complete construction and installation of the Additional Improvements within sixty (60) days after full execution ofthis Third Amendment. Within twenty (20) days after Tenant completes the construction and installation of the Additional Improvements, Tenant shall provide Landlord with "As -Built" drawings in paper and electronic format as required by Landlord and which is compatible with Landlord's existing file systems ("As-Builts"). Tenant shall also complete all punch -list items ("Punch List") within forty five (45) days after Landlord or Landlord's contractors provides the Punch List to Tenant or Tenant's contractors. In the event that Tenant fails to provide the As-Builts or complete the Punch -List items within the time period set forth above, Tenant shall pay a daily fee to Landlord of$100 per day for each day that Tenanthas not completed its obligations asset forth in the paragraph until such time as Tenant completes its obligations set forth herein. Tenant's Cell Site Name: Al Q0008A Landlord's Cell Site Name: Safari Tower Third Amendment To Lease Agreement DocuSign Envelope ID: B1A10B96-4CA4-4Al2-AF80-8F8609786473 13. SURVIVAL OF OBLIGATIONS. All of Tenant's indemnification obliga dons and obligations to pay rent, fees and other sums owed to Landlord under the Lease and any amendments to the Lease shall survive the expiration or earlier termination of the Lease. 14. AFFIRMATION OF LEASE. Except as set forth herein, all terms and conditions of the Lease and any prioramendments shallremain in full force andeffect. 15. COUNTERPARTS. This Third Amendment maybe executed in duplicate counterparts, each of which will be deemed an original. 16. AUTHORITY. Eachperson signing this Third Amendment represents and warrants thathe or she has the right, power and lega 1 capacity to enter into this Third Amendment and that such signature will bind the party forwho such signor signs this Third Amendment. 17. CONFLICT. In the event of a conflict between any terms contained this Third Amendment and the Lease, theterms of this Third Amendment shall control. 18. CAPITALIZED TERMS. All capitalized terms used but not defined herein shall have the same meanings as defined in the Lease. 19. NOTICES. Tenant's notice addresses in the Lease are deleted in their entirety and replacedwith the following: If to Tenant: T -Mobile CentmILLC 12920 SE 3 8th Street Bellevue, WA98006 Attn: Lease Compliance/Site Al Q0008A 19. RECORDING. Tenant shall not record this Third Amendment or the Lease or any further amendments to the Lease withoutthe priorwritten consent ofLandlord. 20. CONSTRUCTION. Landlord and Tenant agree that each of them has participated in the drafting of the Lease, including any prior amendments, and this Third Amendment (collectively the "Agreement") and that the Agreement shall not be construed against the party that drafted it. Both Landlord and Tenant aclmowle dge and agtee that any Court interpreting the Agreement shall not construe any portion of the Agreement in favor of or against Landlord or Tenant basedupon any rule of law or construction that would construe the Agreement against the patty that drafted it. [Theremainder o this Me has been intentionallyleg blank. Signatur°epa�etofollow.l Tenant's Cell Site Name: Al Q0008A Landlord's Cell Site Name: Safari Tower Third Amendment To Lease Agreement DocuSign Envelope ID: B1A10B96-4CA4-4Al2-AF80-8F8609786473 IN WITNESS WHEREOF, the parties have caused theirproperly authorized representatives to execute this Third Amendment on the dates set forth below. DocuSigned by: 0n�n7D4647F... Agreed as to form: City Attorney s O Ice Tenant's Cell Site Name: Al Q0008A Landlord's Cell Site Name: Safari Tower Third Amendment To Lease Agreement AIQ0008A NLG-20662_AMD_Anchor_Phase 3_5034860_17729 LANDLORD: City of Eagan, a Minnesota municipal Corporation By: -- Print Name: MikeMaguire Title: Mayor Date: By: -- Print Name: Christina M. Scipioni Title: City Clerk Date: TENANT: yepSE p°` T -Mobile Central LLC 2P moi? e2 Approved M DocuSigned by: i II By NSSU'V, st ft.1 r r tialossein Sepehr Its: Area Director, Network Engineering&Ops 2/3/2021 Date: Date:._. /0 a DocuSigned by: 2/ AF. 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I-35E & County Road Intersections Traffic Control Signal Agreement Action To Be Considered: Approve a Traffic Control Signal Agreement with the Minnesota Department of Transportation and Dakota County Transportation Department for the replacement and modifications of traffic signals on Interstate 35E at Pilot Knob Road (CSAH 31), Yankee Doodle Road (CSAH 28) and Lone Oak Road (CSAH 26), and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ A Traffic Control Signal Agreement (No. 1032906) has been prepared for MnDOT, Dakota County and the City of Eagan to complete the proposed improvements. The work under the agreement includes signal systems construction, concrete surfacing, bituminous patching, and fiber optic installation at various Co unty Road intersections along I-35E. ➢ The Dakota County Transportation Department will be the lead agency for the design and construction management of these improvements. ➢ The total estimated project cost is $975,500, with MnDOT responsible for $704,900 of the costs and Dakota County responsible for the remainder, $270,600. ➢ The City of Eagan is requested to execute the agreement, but not participate in the cost of the project. The City will be expected to participate in the energy costs for the streetlights on the installed traffic signals, as it has in the past. ➢ The agreement has been reviewed by the Public Works Department and was found to be similar to other cost participation and cooperative construction agreements with Minnesota Department of Transportation and Dakota County and in order for favorable Council action. Attachments (1) CP-1 Traffic Control Signal Agreement MnDOT Contract No.: 1032906 -1- Payable Lump Sum on Low Bid (Cooperative Agreements) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And DAKOTA COUNTY And CITY OF EAGAN COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (S.P.): 1982-203 Trunk Highway Number (T.H.): 35E=390 County Project Number (C.P.): 26-56 State Project Number (S.P.): 019-030-008 State Project Number (S.P.): 195-020-027 Federal Project Number: CMAQ 1919(155) Signal System "F" ID: 2564654 Signal System "M" ID: 2564655 Signal System "N" ID: 2564656 Signal System "R" ID: 2564657 Signal System "S" ID: 2564658 Original Amount to be Encumbered $975,500.00 (FY 2022) Total County Obligation $270,605.05 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State"), Dakota County acting through its Board of Commissioners ("County"), and the City of Eagan acting through its City Council ("City"). Recitals 1. The County will perform concrete surfacing, bituminous patching, fiber optic installation, and signal systems construction and other associated construction upon, along, and adjacent to Trunk Highway No. 35E at various intersections in Dakota County according to County-prepared plans, specifications, and special provisions designated by the County as C.P. 26-56 and S.P. 019-030-008, by the City as S.P. 195-020-027, and by the State as S.P. 1982-203 (T.H. 35E=390) ("Project"); and 2. The County requests the State participate in the costs of the signal systems and related signal system construction and the State is willing to participate in the costs of said construction and associated construction engineering; and 3. The State can only pay the County for the State participation construction after funds have been encumbered, which encumbrance must be preceded by the appropriation of such funds by the Minnesota Legislature; and 4. This construction is currently part of the State's 2022 fiscal year road construction program, and the State will seek the appropriation of funds, and encumber the funds, if available; and 5. The County will advance to the State the total cost of State Furnished Materials and will be reimbursed for the State's cost share according to the terms of this Agreement; and MnDOT Contract No.: 1032906 -2- Payable Lump Sum on Low Bid (Cooperative Agreements) 6. This Agreement between the State, the County, and the City will supersede and terminate existing Signal Agreement 62949 and Signal Agreement 73899. This Agreement will partially terminate existing Signal Agreement 76514 between the parties for the signal systems covered under this Agreement; and 7. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining, and improving the trunk highway system. 8. Minnesota Statutes § 161.361, subdivision 1 and 2, allow for the local agency to advance the State's share and for the State to repay the County the funds advanced for the State participation construction. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 2.4. State Ownership of Improvements; 5. Maintenance by the County; 12. Liability; Worker Compensation Claims; Insurance; 14. State Audits; 15. Government Data Practices; 16. Governing Law; Jurisdiction; Venue; and 18. Force Majeure. The terms and conditions set forth in Article 6. Signal Systems and EVP Systems Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 1.4. Plans, Specifications, and Special Provisions. State-Aid approved County plans, specifications, and special provisions designated by the County as C.P. 26-56 and S.P. 019-030-008, by the City as S.P. 195-020-027, and by the State as S.P. 1982-203 (T.H. 35E=390) are on file in the office of the County's Engineer and incorporated into this Agreement by reference ("Project Plans"). 1.5. Exhibits. Preliminary Schedule "I" is attached and incorporated into this Agreement. 2. Right-of-Way Use 2.1. Limited Right to Occupy. The State grants to the County (and its contractors and consultants) the right to occupy Trunk Highway Right-of-Way as necessary to perform the work described in the Project Plans. This right is limited to the purpose of constructing the project, and administering such construction, and may be revoked by the State at any time, with or without cause. Cause for revoking this right of occupancy includes, but is not limited to, breaching the terms of this or any other agreement (relevant to this project) with the State, failing to provide adequate traffic control or other safety measures, failing to perform the construction properly and in a timely manner, and failing to observe applicable environmental laws or terms of applicable permits. The State will have no liability to the County (or its contractors or consultants) for revoking this right of occupancy. 2.2. State Access; Suspension of Work; Remedial Measures. The State's District Engineer or assigned representative retains the right to enter and inspect the Trunk Highway Right-of-Way (including the construction being performed on such right-of-way) at any time and without notice to the County or its contractor. If the State determines (in its sole discretion) that the construction is not being performed in a proper or timely manner, or that environmental laws (or the terms of permits) are not being complied with, or that traffic control or other necessary safety measures are not being properly implemented, then MnDOT Contract No.: 1032906 -3- Payable Lump Sum on Low Bid (Cooperative Agreements) the State may direct the County (and its contractor) to take such remedial measures as the State deems necessary. The State may require the County (and its contractors and consultants) to suspend their operations until suitable remedial action plans are approved and implemented. The State will have no liability to the County (or its contractors or consultants) for exercising its rights under this provision. 2.3. Traffic Control; Worker Safety. While the County (and its contractors and consultants) are occupying the State's Right-of-Way, they must comply with the approved traffic control plan, and with applicable provisions of the Work Zone Field Handbook (http://www.dot.state.mn.us/trafficeng/workzone/index.html). All County, contractor, and consultant personnel occupying the State's Right-of-Way must be provided with required reflective clothing and hats. 2.4. State Ownership of Improvements. The State will retain ownership of its Trunk Highway Right-of-Way, including any improvements made to such right-of-way under this Agreement, unless otherwise noted. The warranties and guarantees made by the County's contractor with respect to such improvements (if any) will flow to the State. The County will assist the State, as necessary, to enforce such warranties and guarantees, and to obtain recovery from the County's consultants, and contractor (including its sureties) for non-performance of contract work, for design errors and omissions, and for defects in materials and workmanship. Upon request of the State, the County will undertake such actions as are reasonably necessary to transfer or assign contract rights to the State and to permit subrogation by the State with respect to claims against the County's consultants and contractors. 3. Contract Award and Construction 3.1. Bids and Award. The County will receive bids and award a construction contract to the lowest responsible bidder (or best value proposer), subject to concurrence by the State in that award, according to the Project Plans. The contract construction will be performed according to the Project Plans. 3.2. Bid Documents Furnished by the County. The County will, within 7 days of opening bids for the construction contract, submit to the State's State Aid Agreements Engineer a copy of the low bid and an abstract of all bids together with the County's request for concurrence by the State in the award of the construction contract. The County will not award the construction contract until the State advises the County in writing of its concurrence. 3.3. Rejection of Bids. The County may reject and the State may require the County to reject any or all bids for the construction contract. The party rejecting or requiring the rejection of bids must provide the other party written notice of that rejection or requirement for rejection no later than 30 days after opening bids. Upon the rejection of all bids, a party may request, in writing, that the bidding process be repeated. Upon the other party's written approval of such request, the County will repeat the bidding process in a reasonable period of time, without cost or expense to the State. 3.4. Contract Terms. The County's contract with its construction contractor(s) must include the following terms: A. A clause making the State of Minnesota, acting through its Commissioner of Transportation, an intended third-party beneficiary of the contract with respect to the portion of work performed on the State's Right-of-Way; and B. A clause requiring the State to be named as an additional insured on any insurance coverage which the contractor is required to provide; and C. A clause stating that any warranties provided by the contractor, for the work performed on the trunk highway, will flow to, and be enforceable by, the State as the owner of such improvements. MnDOT Contract No.: 1032906 -4- Payable Lump Sum on Low Bid (Cooperative Agreements) 3.5. Direction, Supervision, and Inspection of Construction. A. The contract construction will be under the direction of the County and under the supervision of a registered professional engineer; however, the State participation construction covered under this Agreement will be open to inspection by the State District Engineer's authorized representatives. The County will give the State Aid Agreements Engineer at Roseville five days notice of its intention to start the contract construction. B. Responsibility for the control of materials for the contract construction will be on the County and its contractor and will be carried out according to Specifications No. 1601 through and including No. 1609 in the State's current "Standard Specifications for Construction". 3.6. Contaminated Soils and Groundwater within the State's Cost Participation Limits. A. 24 Hour Notification. The County will notify the State District Engineer's authorized representative a minimum of 24 hours prior to the contractor beginning the excavation and removal of any contaminated soils that have been identified within the Project limits. B. Immediate Notification. The County will notify the State District Engineer's authorized representative immediately upon the contractor encountering contaminated soils and/or groundwater in areas that are within the Project limits. The County will confer with the State as to the handling, disposal, and any other issues related to contaminated materials found on State Right-of-Way or import of materials onto State Right-of-Way. C. Environmental Consultant. The County will provide for an Environmental Consultant to be on site to observe and document the excavation, handling and disposal of contaminated soils that have been identified within the Project limits. If the contractor encounters contaminated materials in areas not previously identified and upon notification by the County to MnDOT, the County hired Environmental Consultant will be provided to collect and analyze soil and/or groundwater samples to determine contaminant levels, work with the landfill for disposal of the soil waste, and provide oversight of any soil and groundwater handling and disposal. The County will not allow the contractor to excavate any contaminated soil unless the Environmental Consultant is present. 3.7. Completion of Construction. The County will cause the contract construction to be started and completed according to the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate County official and the State District Engineer's authorized representative, for unavoidable delays encountered in the performance of the contract construction. 3.8. Plan Changes. All changes in the Project Plans and all addenda, change orders, supplemental agreements, and work orders entered into by the County and its contractor for contract construction must be approved in writing by the State District Engineer's authorized representative. 3.9. Compliance with Laws, Ordinances, and Regulations. The County will comply and cause its contractor to comply with all Federal, State, and Local laws, and all applicable ordinances and regulations. With respect only to that portion of work performed on the State's Trunk Highway Right-of-Way, the County will not require the contractor to follow local ordinances or to obtain local permits. 3.10. Construction Documents Furnished by the County. The County will keep records and accounts that enable it to provide the State, when requested, with the following: A. Copies of the County contractor's invoice(s) covering all contract construction. MnDOT Contract No.: 1032906 -5- Payable Lump Sum on Low Bid (Cooperative Agreements) B. Copies of the endorsed and canceled County warrant(s) or check(s) paying for final contract construction, or computer documentation of the warrant(s) issued, certified by an appropriate County official that final construction contract payment has been made. C. Copies of all construction contract change orders, supplemental agreements, and work orders. D. A certification form, provided by the State, signed by the County's Engineer in charge of the contract construction attesting to the following: i. Satisfactory performance and completion of all contract construction according to the Project Plans. ii. Acceptance and approval of all materials furnished for the contract construction relative to compliance of those materials to the State's current "Standard Specifications for Construction". iii. Full payment by the County to its contractor for all contract construction. E. Copies, certified by the County's Engineer, of material sampling reports and of material testing results for the materials furnished for the contract construction. F. A copy of the "as built" plan sent to the State Aid Agreements Engineer. 4. Right-of-Way; Easements; Permits 4.1. The County will obtain all rights-of-way, easements, construction permits, and any other permits and sanctions that may be required in connection with the local and trunk highway portions of the contract construction. Before payment by the State, the County will furnish the State with certified copies of the documents for rights-of-way and easements, construction permits, and other permits and sanctions required for State participation construction covered under this Agreement. 4.2. The County will convey to the State by quit claim deed, all newly acquired rights needed for the continuing operation and maintenance of the Trunk Highway, if any, upon completion of the Project, at no cost or expense to the State. 4.3. The County will comply with Minnesota Statutes § 216D.04, subdivision 1(a), for identification, notification, design meetings, and depiction of utilities affected by the contract construction. 5. Maintenance by the County Upon completion of the Project, the County will provide the following without cost or expense to the State: 5.1. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. 6. Maintenance by the City 6.1. Sidewalks. Maintenance of any sidewalk construction, including stamped and colored concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk markings, vegetation control of boulevards (if any), and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition. The State will maintain crosswalk markings on the Trunk Highway at ramps which intersect with City and County roads. MnDOT Contract No.: 1032906 -6- Payable Lump Sum on Low Bid (Cooperative Agreements) 6.2. Shared Use Paths. Maintenance of any shared use paths construction. Maintenance includes, but is not limited to, snow and ice control/removal, sweeping and debris removal, patching, crack repair, pavement replacement, vegetation control, signing, pavement markings, and any other maintenance activities necessary to perpetuate the bikeways and shared use paths in a safe and usable condition. 6.3. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. 7. Signal Systems and EVP Systems Operation and Maintenance Operation and maintenance responsibilities will be as follows for the Signal Systems and EVP Systems on T.H. 35E at: • County State Aid Highway No. (C.S.A.H.) 28 (Yankee Doodle Road) west ramp (Signal System "F"), • C.S.A.H. 31 (Pilot Knob Road) south ramp (Signal System "M") and north ramp (Signal System "N"), • C.S.A.H. 26 (Lone Oak Road) west ramp (Signal System "R") and east ramp (Signal System "S"). 7.1. County Responsibilities A. Power. For the hook-up cost and application to secure an adequate power supply to the service pads or poles, and for all monthly electrical service expenses necessary to operate the Signal Systems, EVP Systems, and Interconnect, the County will be responsible for 50 Percent of the costs for Signal Systems “M”, “N”, “R” and “S”, and 75 Percent for Signal System “F”. B. Minor Signal System Maintenance. The County will provide for the following, without cost to the State. i. Replace the Signal Systems LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no longer meets Institute of Traffic Engineers (ITE) standards for light output. ii. Clean the Signal Systems controller cabinet and service cabinet exteriors. iii. Clean the Signal Systems. iv. Paint and maintain the pedestrian crosswalk markings across County State Aid Highways. 7.2. City Responsibilities. A. Power. i. For the hook-up cost and application to secure an adequate power supply to the service pads or poles, and for all monthly electrical service expenses necessary to operate the Signal Systems, EVP Systems, and Interconnect, the City will be responsible for 50 Percent of the costs for Signal Systems “M”, “N”, “R” and “S”, and 25 Percent for Signal System “F”. The County will invoice the City for these costs. ii. County will invoice the City for 100 Percent of the luminaire costs. B. Minor Signal System Maintenance. The City will provide for the following, without cost to the State. i. Maintain the signal pole mounted luminaire pole, luminaire wiring above the signal system mast arm, and LED luminaires, including replacing the luminaires when necessary. The LED luminaire MnDOT Contract No.: 1032906 -7- Payable Lump Sum on Low Bid (Cooperative Agreements) must be replaced when it fails or when light levels drop below recommended AASHTO levels for the installation. 7.3. State Responsibilities. A. Timing; Other Maintenance. The State will maintain the signing, and perform all other Signal System, APS, and signal pole luminaire circuit maintenance without cost to the County or City. All Signal System timing will be determined by the State, and no changes will be made without the State's approval. B. EVP Systems Operation. The EVP Systems will be installed, operated, maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP Systems must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City and County will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP Systems must be reported to the State immediately. iv. In the event the EVP Systems or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after the City or County receives written notice from the State, the State may remove the EVP Systems. Upon removal of the EVP Systems pursuant to this Paragraph, all of its parts and components become the property of the State. v. All timing of the EVP Systems will be determined by the State. 7.4. Right-of-Way Access. Each party authorizes the other party to enter upon their respective public right-of-way to perform the maintenance activities described in this Agreement. 7.5. Related Agreements. A. This Agreement will supersede and terminate Agreement No. 62949, dated October 10th, 1995, between the parties. B. This Agreement will supersede and terminate the operation and maintenance terms of Agreement No. 76514, dated August 18th, 1997, between the parties, for the intersections of T.H. 35E at: i. C.S.A.H. 28 (Yankee Doodle Road) west ramp (Signal System "F"), ii. C.S.A.H. 31 (Pilot Knob Road) south ramp (Signal System "M") and north ramp (Signal System "N"), iii. C.S.A.H. 26 (Lone Oak Road) west ramp (Signal System "R") and east ramp (Signal System "S"). C. This Agreement will supersede and terminate the operation and maintenance terms of Agreement No. 73899, dated June 11, 1996, between the parties. 8. Basis of Cost 8.1. Schedule "I". The Preliminary Schedule "I" includes all anticipated State participation construction items, the State's construction engineering cost share, and the County's advance payment for State Furnished Materials covered under this Agreement. 8.2. State Participation Construction. The State will participate in the following at the percentages indicated up to the capped amount. The construction includes the State's proportionate share of item costs for mobilization, and traffic control. MnDOT Contract No.: 1032906 -8- Payable Lump Sum on Low Bid (Cooperative Agreements) A. 100 Percent will be the State's rate of cost participation in all of the signal systems and related signal system construction as prorated on Sheets No. 2 and 3 of the Preliminary Schedule "I". 8.3. State Furnished Materials. The State will furnish 5 Type "R" cabinets, fiber, cameras, video detection equipment, and 2 pan-tilt-zoom cameras ("State Furnished Materials"), according to the Project Plans, to operate the traffic control signal systems covered under this Agreement. The County will make federal funds available for the State's share of the federal eligible State Furnished Material cost. The County's lump sum share for the federal match and the federal ineligible cost for State Furnished Materials is $84,862.39. The State's lump sum share for the federal match and the federal ineligible cost for State Furnished Materials is $67,995.71 and is considered a part of the State's total lump sum cost. The total cost shares for State Furnished Materials is $270,605.05. A. The County will make an advance lump sum payment to the State for the total cost of State Furnished Materials. The State will reimburse the County for the State's lump sum share for the federal match and the federal ineligible cost for State Furnished Materials. B. City's State Furnished Materials cost. The County will invoice the City for the City's 20 percent State Furnished Materials Cost share for Signal System "N". 8.4. Construction Engineering Costs. The State will pay a construction engineering charge equal to 8 percent of the total State participation construction covered under this Agreement. 8.5. Capped Amount. State cost share for the Project is capped at $975,500.00. 9. State Cost and Payment by the State 9.1. State Cost. $975,500.00 is the State's estimated share of the costs of the contract construction which includes the 8 percent construction engineering cost share and a $55,920.94 contingency amount as shown in the Preliminary Schedule "I". The Preliminary Schedule "I" was prepared using estimated quantities and unit prices, and may include any credits or lump sum costs. Upon review of the construction contract bid documents described in Article 3.2., the State will decide whether to concur in the County's award of the construction contract and, if so, prepare a Revised Schedule "I" based on construction contract unit prices, which will replace and supersede the Preliminary Schedule "I" as part of this Agreement. The contingency amount is provided to cover increased State cost in order to prepare the Revised Schedule "I" with contract unit prices. 9.2. Conditions of Payment. The State will pay the County the full and complete lump sum amount, up to the capped amount, as shown in the Revised Schedule "I", after the following conditions have been met: A. Execution of this Agreement and transmittal to the City and County, including a letter advising of the State's concurrence in the award of the construction contract. B. Legislative appropriation of funds for the State's road construction program. It is anticipated that payment by the State that depends on Legislative appropriation of funds will be made after July 1, 2021 and before June 30, 2022 for Fiscal Year 2022. C. Encumbrance by the State of the State's full and complete State funded lump sum cost share, no earlier than July 1, 2021. D. The State's receipt of a written request from the County for the payment of funds. The request will include certification by the County that all necessary parties have executed the construction contract. 9.3. Limitations of State Payment; No State Payment to Contractor. The State's participation in the contract construction is limited to the lump sum amount shown in 8.1, and the State's participation will not change MnDOT Contract No.: 1032906 -9- Payable Lump Sum on Low Bid (Cooperative Agreements) except by a mutually agreed written amendment to this Agreement. The State's payment obligation extends only to the County. The County's contractor is not intended to be and will not be deemed to be a third party beneficiary of this Agreement. The County's contractor will have no right to receive payment from the State. The State will have no responsibility for claims asserted against the County by the County's contractor. 10. County Cost and Payment by the County 10.1. County Cost. $270,605.05 is the County's advance lump sum cost for State Furnished Materials. 10.2. Conditions of Payment. The County will advance payment the State the full and complete lump sum amount after the following conditions have been met: A. Execution of this Agreement and transmittal to the County. B. The County's receipt of a written request from the State for the advancement of funds. 11. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 11.1. The State's Authorized Representative will be: Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366-4634 E-Mail: malaki.ruranika@state.mn.us 11.2. The County's Authorized Representative will be: Name, Title: Mark Krebsbach, Dakota County Engineer (or successor) Address: 14955 Galaxie Avenue, Apple Valley, MN 55124 Telephone: (952) 894-7102 E-Mail: mark.krebsbach@co.dakota.mn.us 11.3. The City's Authorized Representative will be: Name, Title: John Gorder, City Engineer (or successor) Address: 3830 Pilot Knob Road, Eagan, MN 55122 Telephone: (651) 675-5645 E-Mail: jgorder@cityofeagan.com 12. Assignment; Amendments; Waiver; Contract Complete 12.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 12.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 12.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. MnDOT Contract No.: 1032906 -10- Payable Lump Sum on Low Bid (Cooperative Agreements) 12.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State, the County, and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 13. Liability; Worker Compensation Claims; Insurance 13.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the County and City. Notwithstanding the foregoing, the County and City will indemnify, hold harmless, and defend (to the extent permitted by the Minnesota Attorney General) the State against any claims, causes of actions, damages, costs (including reasonable attorneys fees), and expenses arising in connection with the project covered by this Agreement, regardless of whether such claims are asserted by the County's or City's contractor(s) or consultant(s) or by a third party because of an act or omission by the County, City, or its contractor(s) or consultant(s). 13.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 13.3. The County may require its contractor to carry insurance to cover claims for damages asserted against the County's contractor. 14. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 15. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the County's and City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 16. Government Data Practices The County, City, and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the County and the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the County, the City, or the State. 17. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 18. Termination; Suspension 18.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the State for insufficient funding as described below. 18.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written MnDOT Contract No.: 1032906 -11- Payable Lump Sum on Low Bid (Cooperative Agreements) or fax notice to the County and the City. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the County and the City will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if this Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. 18.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities, performance and payments authorized through this Agreement. Any work performed during a period of suspension will be considered unauthorized work and will be undertaken at the risk of non-payment. 19. Force Majeure No party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. 20. Telecommunications Certification By signing this agreement, the City and the County certify that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), the City and the County does not and will not use any equipment, system, or service that uses “covered telecommunications equipment or services” (as that term is defined in Section 889 of the Act) as a substantial or essential component of any system or as critical technology as part of any system. The City and the County will include this certification as a flow down clause in any contract related to this agreement. 21. Title VI/Non-discrimination Assurances The City and the County agree to comply with all applicable US DOT Standard Title VI/Non-Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: https://edocs-public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. The City and the County will ensure the appendices and solicitation language within the assurances are inserted into contracts as required. The State may conduct a review of the City's and the County’s compliance with this provision. The City and the County must cooperate with the State throughout the review process by supplying all requested information and documentation to the State, making City and County staff and officials available for meetings as requested, and correcting any areas of non-compliance as determined by the State. [The remainder of this page has been intentionally left blank] MnDOT Contract No.: 1032906 -12- Payable Lump Sum on Low Bid (Cooperative Agreements) STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minnesota Statutes § 16A.15 and 16C.05. Signed: Date: SWIFT Purchase Order: Fiscal Year 2022 DAKOTA COUNTY The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: (County Engineer) Approved as to form: By: (Assistant County Attorney) Approved: By: (Physical Development Director) Date: County Board Resolution No. Date DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: (District Engineer) Date: Approved: By: (State Design Engineer) Date: COMMISIONER OF ADMINISTRATION By: (With Delegated Authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. MnDOT Contract No.: 1032906 -13- Payable Lump Sum on Low Bid (Cooperative Agreements) CITY OF EAGAN The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: Title: Date: By: Title: Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. PRELIMINARY SCHEDULE "I" Agreement No. 1032906 Dakota County S.P. 1982-203 ( T.H. 35E=390)Preliminary: June 19, 2019 S.P. 019-030-008 Updated Preliminary: December 2, 2020 S.P. 195-020-027 Fed. Proj. CMAQ 1919(155) Concrete surfacing, bituminous patching, fiber optic installation, signal systems construction performed under County contract with ____ located on T.H. 35E at C.S.A.H. 26 (Lone Oak Rd), C.S.A.H. 28 (Yankee Doodle Rd), C.S.A.H. 31 (Pilot Knob Rd), and other intersections in Dakota County STATE COST PARTICIPATION S.P. 1982-203 (From Sheet No. 3)788,503.10 Subtotal $788,503.10 Construction Engineering (8%)63,080.25 State Furnished Materials (State Cost) (From Sheet No. 4)67,995.71 (1)State Cost Share $919,579.06 (2)Contingency Amount 55,920.94 Amount To Be Encumbered $975,500.00 (1) Total State Cost Share is capped as described in Article 8.5 of the Agreement (2) For the State's use only as described in Article 9.1 of the Agreement COUNTY ADVANCE PAYMENT State Furnished Materials (Total Cost) (From Sheet No. 4)270,605.05 (3)Total Advance Payment By The County $270,605.05 (3) Cost share and advance payment for State Furnished Materials as described in Article 8.3 and Article 10 of the Agreement (lump sum) - 1 - 1032906(1) 100% STATE ITEM S.P. 1982-203 UNIT QUANTITY UNIT PRICE COST NUMBER WORK ITEM (1) 2011.601 AS BUILT LUMP SUM 32,000.00 0.27 8,640.00 2021.501 MOBILIZATION LUMP SUM 75,000.00 0.27 20,250.00 2102.503 PAVEMENT MARKING REMOVAL LIN FT 1.50 1,502.00 2,253.00 2104.502 REMOVE ANCHORAGE ASSEMBLY-PLATE BEAM EACH 250.00 1.00 250.00 2104.502 REMOVE SIGN TYPE C EACH 30.00 1.00 30.00 2104.502 SALVAGE SIGN TYPE C EACH 40.00 5.00 200.00 2104.503 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)LIN FT 4.50 1,428.00 6,426.00 2104.503 REMOVE CURB & GUTTER LIN FT 7.00 989.00 6,923.00 2104.503 REMOVE GUARDRAIL - PLATE BEAM LIN FT 5.00 72.00 360.00 2104.504 REMOVE CONCRETE PAVEMENT SQ YD 7.00 344.00 2,408.00 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD 12.00 583.00 6,996.00 2104.518 REMOVE BITUMINOUS WALK SQ FT 3.00 1,306.00 3,918.00 2104.518 REMOVE CONCRETE SIDEWALK SQ FT 3.00 2,719.00 8,157.00 2106.507 EXCAVATION - COMMON CU YD 45.00 134.00 6,030.00 2106.507 COMMON EMBANKMENT (CV)CU YD 20.00 150.00 3,000.00 2118.507 AGGREGATE SURFACING (LV), CLASS 5 CU YD 35.00 4.00 140.00 2123.61 STREET SWEEPER (WITH PICKUP BROOM)HOUR 140.00 11.00 1,540.00 2211.509 AGGREGATE BASE CLASS 5 TON 55.00 1,091.00 60,005.00 2231.509 BITUMINOUS PATCHING MIXTURE TON 100.00 251.00 25,100.00 2301.502 DOWEL BAR EACH 5.00 440.00 2,200.00 2301.504 CONCRETE PAVEMENT 8.0"SQ YD 60.00 722.00 43,320.00 2301.602 DRILL AND GROUT REINFORCEMENT BAR (EPOXY COATED)EACH 25.00 55.00 1,375.00 2521.518 4" CONCRETE WALK SQ FT 8.00 1,194.00 9,552.00 2521.518 6" CONCRETE WALK SQ FT 15.00 2,159.00 32,385.00 2521.518 3" BITUMINOUS WALK SQ FT 5.00 1,884.00 9,420.00 2531.503 CONCRETE CURB AND GUTTER DESIGN B418 LIN FT 35.00 165.00 5,775.00 2531.503 CONCRETE CURB AND GUTTER DESIGN B424 LIN FT 30.00 58.00 1,740.00 2531.503 CONCRETE CURB AND GUTTER DESIGN B612 LIN FT 25.00 32.00 800.00 2531.503 CONCRETE CURB AND GUTTER DESIGN B618 LIN FT 30.00 66.00 1,980.00 2531.503 CONCRETE CURB AND GUTTER DESIGN B624 LIN FT 35.00 409.00 14,315.00 2531.503 CONCRETE CURB AND GUTTER DESIGN D424 LIN FT 25.00 254.00 6,350.00 2531.618 TRUNCATED DOMES SQ FT 50.00 302.00 15,100.00 2554.502 END TREATMENT-TANGENT TERMINAL EACH 2,800.00 1.00 2,800.00 2554.503 TRAFFIC BARRIER DESIGN TYPE 31 LIN FT 25.00 12.00 300.00 Data is considered Non-public prior to project award.- 2 - 1032906(1) 100% STATE ITEM S.P. 1982-203 UNIT QUANTITY UNIT PRICE COST NUMBER WORK ITEM (1) 2554.503 TRAFFIC BARRIER DESIGN TRANS TYPE 31 LIN FT 100.00 18.00 1,800.00 2563.601 TRAFFIC CONTROL SUPERVISOR LUMP SUM 7,000.00 0.48 3,360.00 2563.601 TRAFFIC CONTROL LUMP SUM 100,000.00 0.27 27,000.00 2563.601 ALTERNATE PEDESTRIAN ROUTE LUMP SUM 2,000.00 0.48 960.00 2564.502 INSTALL SIGN TYPE C EACH 70.00 5.00 350.00 2564.502 OBJECT MARKER TYPE X4-2 EACH 100.00 1.00 100.00 2564.518 SIGN PANELS TYPE C SQ FT 33.00 9.20 303.60 2565.501 EMERGENCY VEHICLE PREEMPTION - SIGNAL SYSTEM "F"LUMP SUM 13,000.00 0.33 4,290.00 2565.501 EMERGENCY VEHICLE PREEMPTION - SIGNAL SYSTEM "M"LUMP SUM 13,000.00 0.50 6,500.00 2565.501 EMERGENCY VEHICLE PREEMPTION - SIGNAL SYSTEM "N"LUMP SUM 16,000.00 0.40 6,400.00 2565.501 EMERGENCY VEHICLE PREEMPTION - SIGNAL SYSTEM "R"LUMP SUM 12,000.00 0.50 6,000.00 2565.501 EMERGENCY VEHICLE PREEMPTION - SIGNAL SYSTEM "S"LUMP SUM 13,000.00 0.50 6,500.00 2565.516 TRAFFIC CONTROL SIGNAL SYSTEM "F"SYSTEM 186,000.00 0.33 61,380.00 2565.516 TRAFFIC CONTROL SIGNAL SYSTEM "M"SYSTEM 164,000.00 0.50 82,000.00 2565.516 TRAFFIC CONTROL SIGNAL SYSTEM "N"SYSTEM 203,000.00 0.40 81,200.00 2565.516 TRAFFIC CONTROL SIGNAL SYSTEM "R"SYSTEM 163,000.00 0.50 81,500.00 2565.516 TRAFFIC CONTROL SIGNAL SYSTEM "S"SYSTEM 171,000.00 0.50 85,500.00 2573.502 STORM DRAIN INLET PROTECTION EACH 100.00 6.00 600.00 2573.503 SILT FENCE, TYPE MS LIN FT 5.00 426.00 2,130.00 2573.503 SEDIMENT CONTROL LOG TYPE STRAW LIN FT 7.00 213.00 1,491.00 2574.507 COMMON TOPSOIL BORROW CU YD 35.00 134.00 4,690.00 2575.602 SITE RESTORATION EACH 500.00 9.00 4,500.00 2582.503 4" SOLID LINE MULTI COMP LIN FT 0.50 561.00 280.50 2582.503 8" SOLID LINE MULTI COMP LIN FT 1.00 86.00 86.00 2582.503 24" SOLID LINE PREFORM TAPE GROUND IN (WR)LIN FT 3.00 136.00 408.00 2582.518 CROSSWALK PREFORM TAPE GROUND IN (WR)SQ FT 8.00 1,142.00 9,136.00 TOTAL $788,503.10 (1)100% STATE $788,503.10 Data is considered Non-public prior to project award.- 3 - 1032906 SIGNAL TOTAL FEDERAL FEDERAL FEDERAL FEDERAL STATE STATE COUNTY COUNTY SYSTEM COST ELIGIBLE COST MATCH INELIGIBLE SHARE COST SHARE COST (80% Federal)(20% Match) 34,821.01 29,436.74 23,549.39 5,887.35 5,384.27 0.33 3,719.63 0.67 7,551.99 17,000.00 0.00 0.00 0.00 17,000.00 0.33 5,610.00 0.67 11,390.00 34,821.01 29,436.74 23,549.39 5,887.35 5,384.27 0.5 5,635.81 0.50 5,635.81 17,000.00 0.00 0.00 0.00 17,000.00 0.5 8,500.00 0.50 8,500.00 34,821.01 29,436.74 23,549.39 5,887.35 5,384.27 0.4 4,508.65 0.60 6,762.97 25,000.00 0.00 0.00 0.00 25,000.00 0.4 10,000.00 0.60 15,000.00 34,821.01 29,436.74 23,549.39 5,887.35 5,384.27 0.5 5,635.81 0.50 5,635.81 17,000.00 0.00 0.00 0.00 17,000.00 0.5 8,500.00 0.50 8,500.00 34,821.01 29,436.74 23,549.39 5,887.35 5,384.27 0.5 5,635.81 0.50 5,635.81 20,500.00 0.00 0.00 0.00 20,500.00 0.5 10,250.00 0.50 10,250.00 TOTALS $270,605.05 $117,746.95 $67,995.71 $84,862.39 SFM - VIDEO EQUIPMENT SFM - CABINET, FIBER, CAMERAS SFM - VIDEO EQUIPMENT "N" "R" "S" S.P. 1982-203 STATE FURNISHED MATERIALS -FOR INFORMATION ONLY- "F" "M" SFM - CABINET, FIBER, CAMERAS SFM - VIDEO EQUIPMENT SFM - CABINET, FIBER, CAMERAS SFM - VIDEO EQUIPMENT SFM - CABINET, FIBER, CAMERAS SFM - VIDEO EQUIPMENT SFM - CABINET, FIBER, CAMERAS Data is considered Non-public prior to project award.- 4 - DAKOTA COUNTY RESOLUTION IT IS RESOLVED that Dakota County enter into MnDOT Agreement No. 1032906 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the County and payment by the County to the State of the State's and County's respective share of the costs of the concrete surfacing, bituminous patching, fiber optic installation, and signal systems construction and other associated construction to be performed upon, along, and adjacent to Trunk Highway No. 35E at various intersections in Dakota County under State Project No. 1982-203 (T.H. 35E=390). IT IS FURTHER RESOLVED that the (Title) and the (Title) are authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Board of Commissioners of Dakota County at an authorized meeting held on the day of , 2021, as shown by the minutes of the meeting in my possession. Subscribed and sworn to me this day of , 2021 Notary Public My Commission Expires (Signature) (Type or Print Name) (Title) CITY OF EAGAN RESOLUTION IT IS RESOLVED that the City of Eagan enter into MnDOT Agreement No. 1032906 with the State of Minnesota, Department of Transportation for the following purposes: To provide for maintenance by the City for traffic signal construction and other associated construction to be performed upon, along, and adjacent to Trunk Highway No. 35E at various intersections within corporate city limits State Project No. 1982-203 (T.H. 35E=390). IT IS FURTHER RESOLVED that the Mayor and the (Title) are authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Eagan at an authorized meeting held on the day of , 2021, as shown by the minutes of the meeting in my possession. Subscribed and sworn to me this day of , 2021 Notary Public My Commission Expires (Signature) (Type or Print Name) (Title) Agenda Information Memo February 16, 2021 Eagan City Council Meeting CONSENT AGENDA Q. Water Meter Replacement/Repair Program Surcharge Appeals Action To Be Considered: Approve the recommendations of the Public Works Committee regarding the final disposition of the Water Meter Replacement/Repair (R/R) Program (City Code 3.05) surcharges for the identified properties in accordance with the related City Ordinance. 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 purpose s 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. ➢ At the February 2, 2021, Public Works Committee meeting, the Committee addressed the following surcharge appeals with the corresponding recommendations for the Council’s action. ➢ 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. As a result of their reviews, the appeals are recommended to be granted with each related surcharge waived. o Cristine Calong, 4661 Bamble Circle: Water Meter Program – Remove $150 surcharge (utility account) o Karen Tollefson, 1662 Hickory Hill: Water Meter Program – Remove $150 surcharge (utility account) o Michelle Schindeldecker, 3853 Lodestone Circle: Water Meter Program – Remove $150 surcharge (utility account) o Michelle McClung, 4480 Clover Lane: Water Meter Program – Remove $150 surcharge (utility account) o Tressie Lengyel, 4466 Clover Lane: Water Meter Program – Remove $150 surcharge (utility account) o Allison Sicheneder, 4022 Mica Trail: Water Meter Program – Remove $150 surcharge (utility account) o Kelly Yackel, 4435 Clover Lane: Water Meter Program – Remove $150 surcharge (utility account) o Kathy Filippini, 1674 Boardwalk: Water Meter Program – Remove $150 surcharge (utility account) o Eyob Gebrekristos, 3801 Laurel Court: Water Meter Program – Remove $150 surcharge (utility account) o Edgar García, 4462 Slater Road: Water Meter Program – Remove $150 surcharge (utility account) o Nancy Saunders, 2890 Skyline Drive: Water Meter Program – Remove $150 surcharge (utility account) Attachments: (0) Agenda Information Memo February 16, 2021 Eagan City Council Meeting CONSENT AGENDA R. Approve 2021 Agreement between the City of Eagan as fiscal agent for the Dakota County Drug Task Force and the Organized Crime Drug Enforcement Task Forces for overtime and other authorized expenses Action to be Considered: To approve an agreement between the City of Eagan as fiscal agent for the Dakota County Drug Task Force and the Organized Crime Drug Enforcement Task Forces for assisting in OCDETF investigations, strategic initiatives and prosecutions. Facts: The Organized Crime Drug Enforcement Task Force (OCDETF) Program is a federal drug enforcement program overseen by the Department of Justice. It concerns itself with the disruption of major drug trafficking operations and related crimes. The Dakota County Drug Task Force (DCDTF) is a primary law enforcement agency in Dakota County fighting drug trafficking and violent crime. The DCDTF occasionally assists OCDETF in investigations and other initiatives, for which the DCDTF is reimbursed. The City of Eagan as a fiscal agent for the DCDTF is responsible for the administration and distribution of the funds received for the cost of overtime of officers assigned to the program. Attachments: (1) CR-1 OCDETF Agreement ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES FY 2021 Agreement FOR THE USE OF THE STATE OR LOCAL OVERTIME AND AUTHORIZED EXPENSE/STRATEGIC INITIATIVE PROGRAM DC#: Amount Requested: Number of Officers Listed: OCDETF Investigation / Strategic Initiative Number: Operation Name: Operation Zip Code(s): From: Federal Agency Investigations: To: Beginning Date of Agreement Number: Ending Date of Agreement State or Local Organization Name: Narcotics Supervisor: Telephone Number: E-mail Address: Sponsoring Federal Agency Group/Squad Supervisor: Sponsoring Federal Agency(ies): Telephone Number: E-mail Address: Please provide the name, telephone number, and email address for the financial staff person at the State or Local Organization, who is directly responsible for the billing on the Reimbursement Request: Name: __________________________________________ Telephone Number: _______________________________ E-mail Address: __________________________________ Agreement (FY21), Page 1 Address to receive OCDETF paperwork (no PO Boxes): Attention:** State or Local Organization DUNS #: Federal Tax Identification #: X-32- Amount requested should match the amount calculated on the Initial Funding Form, Page 2. Rural*Y N *This agreement can be classified as rural if the state & local agency's operating address or the location of the investigation produces a "Yes" response to both the CMS and FORHP Programs on the following website - https://www.ruralhealthinfo.org/am-i- rural **Include the name of the person the form should be mailed to. OCDETF Case #:Amount Requested: Agreement Activity: (Please check all that apply) Please note: The amount requested should cover your active investigation plan from the agreement start date. Proactive funding analysis will be conducted to determine the need for additional funds throughout the life of the agreement. Wire:Approved Pending Please provide a brief explanation on how the initial funding amount was determined, if other factors were considered: ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES FY 2021 Agreement Initial Funding Form FOR THE USE OF THE STATE OR LOCAL OVERTIME AND AUTHORIZED EXPENSE/STRATEGIC INITIATIVE PROGRAM Factors to Consider when Determining the Initial Agreement Amount: Average Officer Overtime Rate: Prior year agreement spending, if any: Estimated overtime hours for your active investigation plan, from the agreement start date: Surveillance Takedown Trial/Court Other If Other, please describe the type of investigative activity the State & Local Agency will be participating in: Agreement (FY21), Page 2 This amount should be entered on Page 1 of the Reimbursable Agreement. This Agreement is between the above named State or Local Law Enforcement Organization and the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. This Agreement shall be effective when signed by an authorized State or Local Organization official, the sponsoring Federal Agency Special Agent-In-Charge, the sponsoring Agency Regional OCDETF Coordinator, the Assistant United States Attorney Regional OCDETF Director, and the OCDETF Executive Office. 1.It is agreed that the State or Local Law Enforcement officers named on this Agreement will assist in OCDETF Investigations, Strategic Initiatives and prosecutions as set forth in the Organized Crime Drug Enforcement Task Forces State or Local Overtime and Authorized Expense/Strategic Initiative Programs, Policies and Procedures Manual, Fiscal Year 2021. 2.No individual Agreement with a State or Local organization may exceed $25,000, and the cumulative amount of OCDETF State and Local overtime monies that may be expended on a single OCDETF Investigation or Strategic Initiative in a single fiscal year may not exceed $50,000 without express prior approval from the OCDETF Executive Office. The OCDETF Executive Office will entertain requests to exceed these funding levels in particular cases. Please submit a written request including justification approved by the AUSA Regional Director to the OCDETF Budget Officer/Deputy Budget Officer when seeking to exceed the above stated funding levels. 3.Each Reimbursable Agreement will be allowed no more than six (6) modifications per year. In addition, if the funds for a particular Agreement are completely deobligated with the intention of closing that Agreement, it will not count as a modification for purposes of this policy. These amendments must be transmitted by a memorandum approved and signed by the AUSA Regional OCDETF Director or designee for the region and sent to the OCDETF Executive Office. 4.If an Agreement does not have any activity during the last ninety (90) days, the funds shall automatically be deobligated. The OCDETF Executive Office will assist with the monitoring of the aging Agreements. Further, if a State or Local Organization indicates that it is no longer performing work under a particular Agreement, the State or Local Overtime and Authorized Expense/Strategic Initiative Programs, Policies and Procedures Manual requires that a modification memorandum identifying the amount to be deobligated be submitted to the OCDETF Executive Office as soon as possible after determining that no work is being performed. 5.The State or Local Law Enforcement Organization agrees to provide experienced drug Law Enforcement officers who are identified in this Agreement to work on the specified OCDETF Investigation or Strategic Initiative. Any change in Law Enforcement officers assigned must be agreed to by all approving officials. Agreement (FY21), Page 3 6.Officers who are not deputized shall possess no Law Enforcement authority other than that conferred by virtue of their position as a commissioned officer of their parent Agency. 7.Officers who are deputized may possess Federal Law Enforcement authority as specified by the Agency affording the deputation. 8.Any State or Local officers assigned to an OCDETF Investigation or Strategic Initiative in accordance with this Agreement are not considered Federal employees and do not take on the benefits of Federal employment by virtue of their participation in the Investigation or Strategic Initiative. 9.OCDETF and the sponsoring Federal Law Enforcement Agency(ies) for the approved OCDETF Investigation or Strategic Initiative will provide to the assigned State or Local officers the clerical, operational and administrative support that is mutually agreed to by the parties in this Agreement. 10.Officers assigned to OCDETF Investigations or Strategic Initiatives should work full-time on the Investigation(s) or Strategic Initiative(s) in order to be paid overtime. In order to satisfy the “full-time” expectation, a Law Enforcement officer should work forty (40) hours per week or eight (8) hours per day on a single or multiple OCDETF Investigation(s) or Strategic Initiative(s). Any established exceptions or waivers to this definition shall be requested by the Regional Coordination Group and attached as Addendum A to the Agreement. [The parent State or Local Organization must pay the base salary of its officers. In the event officers must work overtime on an OCDETF Investigation or Strategic Initiative, the OCDETF Program will reimburse the parent State or Local Law Enforcement Organization for a limited amount of those overtime costs.] The Organization is responsible for paying its Law Enforcement officer(s) for their overtime, travel and per diem expenses. To ensure proper and complete utilization of OCDETF overtime and expense allocations, reimbursement claims must be submitted monthly on the OCDETF Reimbursement Request Form. The OCDETF Executive Office may refuse payment on any reimbursement request that is not submitted to the OCDETF Regional Coordination Group within thirty (30) days of the close of the month in which the overtime was worked. 11.It is the responsibility of the State or Local Organization to retain and have available for inspection sufficient supporting documentation for all regular hours and overtime hours worked towards a specific OCDETF case. Officers’ timesheets must reflect work towards a specific OCDETF case and must be reviewed and signed by an authorized State or Local official. 12.Analysis of reimbursement claims by the Regional Coordination Group may result in a modification of the obligation of funds contained within this Agreement as well as the time period covered. The Organization affected by any such modification will receive a memo notifying them of the changes. Agreement (FY21), Page 4 13.Overtime payments, including all other non-OCDETF Federal sources (such as Safe Streets, HIDTA, IRS, ICE, FEMA, etc.) may not, on an annual per person basis, exceed 25% of the current approved Federal salary rate in effect at the time the overtime is performed. The State or Local Organization is responsible for ensuring that this annual payment is not exceeded. The Executive Assistant/OCDETF Program Specialist will monitor these payments via MIS and communicate to the Federal Agency Regional OCDETF Coordinators who provide status updates to any officer approaching the threshold. 14.The overtime log must be attached to the reimbursement request when submitting the monthly invoices. The Sponsoring Federal Agency Supervisory Special Agent and the State or Local official authorized to approve the Reimbursement Request must certify that only authorized expenses are claimed, the regular hours requirement is satisfied, and that overtime has not exceeded 25% of the current Federal salary rate in effect at the time the overtime was worked. 15. Under no circumstances will the State or Local Organization charge any indirect costs for the administration or implementation of this Agreement. 16.The State or Local Organization shall maintain complete and accurate records and accounts of all obligations and expenditures of funds under this Agreement for a period of six (6) years and in accordance with generally accepted accounting principles to facilitate inspection and auditing of such records and accounts. 17.The State or Local Organization shall permit examination and auditing by representatives of the OCDETF Program, the sponsoring Federal Agency(ies), the U.S. Department of Justice, the Comptroller General of the United States, and/or any of their duly-authorized agents and representatives, of any and all records, documents, accounts, invoices, receipts, or expenditures relating to this Agreement. Failure to provide proper documentation will limit State or Local Law Enforcement Organizations from receiving OCDETF funding in the future. 18.The State or Local Organization will comply with Title VI of the Civil Rights Act of 1964 and all requirements applicable to OCDETF Agreements pursuant to the regulations of the Department of Justice (see, e.g., 28 C.F.R. Part 42, Subparts C and G; 28 C.F.R. 50.3 (1991)) relating to discrimination on the grounds of race, color, sex, age, national origin or handicap. 19.This Agreement may be terminated by any of the parties by written notice to the other parties ten (10) business days prior to termination. Billing for outstanding obligations shall be received by OCDETF within thirty (30) days of the notice of termination. Agreement (FY21), Page 5 20.The Debt Collection Improvement Act of 1996 requires that most payments made by the Federal government, including vendor payments, must be made by electronic funds transfer (EFT). In accordance with the act, all OCDETF reimbursement payments will be issued via EFT. Participants are required to register in SAM.gov to receive reimbursements; registration information will be provided upon request. In certain circumstances the OCDETF Executive Office may make exceptions for Organizations that are unable to accept this form of payment, however, such Organizations must include written justification in the addendum of each new Agreement. 21.All changes made to the original Agreement must be approved by the OCDETF Executive Office and initialed by the Executive Assistant/OCDETF Program Specialist of the Regional Coordination Group making the revision. The AUSA Regional OCDETF Director or designee must initial all funding changes. 22.The Regional Coordination Group is responsible for identifying and implementing any additional policy requirements, as needed, for its specific region. Those regional policies will be documented in the Addendum B and attached to the approved Agreement. The Organizations are agreeing to adhere to these additional requirements and must have written approval by the Regional Coordination Group for any exceptions to the regional policies. 23.Restrictions: Fringe benefits (such as retirement, FICA, or other expenses) are NOT to be included in overtime payment. Auxiliary educational benefits are also NOT to be included in overtime payment. Reimbursement of overtime payment is based solely on the authorized overtime rate of each participating officer listed in the Agreement. Under no circumstances may a State or Local agency include any administrative fees for the processing of overtime. Additionally, officers are not eligible for reimbursement of compensation time earned in lieu of overtime payment. OCDETF will only reimburse an actual $ amount paid to the officer for overtime worked, any additional benefit (including compensation time) will NOT be reimbursed. This Agreement is not a contract or obligation to commit Federal funds in the maximum amounts projected. Funding allocations for the time period set forth and agreed to herein represent projections only and are based upon consultation between the sponsoring Federal Agency and the State or Local Law Enforcement Organization. They are, therefore, subject to modification by OCDETF based upon the progress and needs of the OCDETF Investigation or Strategic Initiative. Additionally, resources are contingent upon the availability of funds per the approval and signature of the OCDETF Executive Office obligating authority. The OCDETF Executive Office will approve and certify that all the terms and conditions of the Agreement have been met. Each Agreement must be approved and signed by a State or Local Law Enforcement Organization official who has supervisory authority over, and is authorized to assign, the participating Law Enforcement officers to the OCDETF Investigation or Strategic Initiative. Agreement (FY21), Page 6 Agreement (FY21), Page 7 Approved By: Authorized State or Local Official Title Date ________________________________________________________ Print Name Approved By: Sponsoring Federal Agency Special Agent in Charge or Designee Date ________________________________________________________ Print Name Approved By: Sponsoring Agency Regional OCDETF Coordinator Date Approved By: Assistant United States Attorney Regional OCDETF Director/Program Specialist Date Funds are encumbered for the State or Local Organization overtime costs and authorized expense/Strategic Initiative Programs specified above. Subject to availability of funds. Approving Official: OCDETF Executive Office Date ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES STATE OR LOCAL LAW ENFORCEMENT OFFICERS ASSIGNED TO PARTICIPATE IN THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE/STRATEGIC INITIATIVE PROGRAMS State or Local Organization: OCDETF Investigation / Strategic Initiative Number: The Law Enforcement officers listed below will assist with the above identified OCDETF Investigation or Strategic Initiative. Any modification of the list of Law Enforcement officers must be agreed to in writing by all of the parties to this Agreement, made a part of the Agreement, and forwarded to the OCDETF Executive Office. NAME TITLE/RANK DOB 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Agreement (FY21), Page 8 State or Local Organization: OCDETF Officer Form Continued OCDETF Investigation / Strategic Initiative Number: The Law Enforcement officers listed below will assist with the above identified OCDETF Investigation or Strategic Initiative. Any modification of the list of Law Enforcement officers must be agreed to in writing by all of the parties to this Agreement, made a part of the Agreement, and forwarded to the OCDETF Executive Office. NAME TITLE/RANK DOB 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. Agreement (FY21), Page 9 Addendum A Definition of “Full-Time Participation” Exemption Any Other Exceptions or Justifications Agreement (FY21), Page 10 Addendum B Identification of Additional Policy Requirements Agreement (FY21), Page 11 Agenda Information Memo February 16, 2021 Eagan City Council Meeting CONSENT AGENDA S. Approve one-time transfer of $1,500,000 from the General Fund to the Equipment Revolving Fund. Actions to be Considered: To approve a transfer from the General Fund to the Equipment Revolving Fund in the amount of $1,500,000. Facts: At the August 13, 2019 special City Council meeting on the 2020-2021 budget, it was proposed $2,250,000 of General Fund balance be used to reduce the Equipment Revolving Fund (ERF) levy over 5 years as follows by way of transfers from the General Fund to the ERF: o $750,000 transfer in 2020 o $600,000 transfer in 2021 o $450,000 transfer in 2022 o $300,000 transfer in 2023 o $150,000 transfer in 2024 The Council approved the 2020 transfer of $750,000 on February 18, 2020. Instead of transferring only $600,000 in 2021 per the original plan, staff now recommends transferring the 2022-2024 allocations (additional $900,000 total) at this time as well. The total amount transferred under the plan is not affected – just the timing of it. Because the 2021-2025 Vehicles and Equipment CIP expenditures are front- loaded, the ERF would run out of cash in the early years under the original schedule. Both funds will end up in the same place in 2025 as under the original plan. Per the Council’s fund balance policy, the target range for fund balance is 40- 45% of the following year’s budget. With the help of CARES funding and a stronger than expected development- related revenues, the General Fund balance is projected to be within the 40-45% range at the end of 2021, even after adjusting for projected 2021 deficits in the General Fund and Recreation enterprise fund that will be covered by fund balance. The total tax levy as planned in the long-term budget projections does not change with this. Attachments: (0) Agenda Information Memo February 16, 2021, Eagan City Council Meeting CONSENT AGENDA T. Approve On‐Sale and Sunday Liquor License for El Nuevo Parian‐Eagan LLC doing business as El Parian Mexican Restaurant, 1960 Cliff Lake Road #117 Action To Be Considered: To approve an On‐Sale and Sunday Liquor License for El Nuevo Parian‐Eagan LLC doing business as El Parian Mexican Restaurant, 1960 Cliff Lake Road #117 Facts: Jose E. Rodriguez Alvarez, owner of El Nuevo Parian‐Eagan LLC, has applied for an On‐Sale and Sunday Liquor License for the El Parian Mexican Restaurant located at 1960 Cliff Lake Road #117. El Nuevo Parian‐Eagan LLC is purchasing the restaurant. All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. Attachments: (0) Agenda Information Memo February 16, 2021 Eagan City Council Meeting CONSENT AGENDA U.Approve Plans and Specifications for Contract 21-04 Rahn Park Improvements and Authorize the Advertisement for Bids Action To Be Considered: Approve the plans and specifications for Rahn Park improvements and authorize the advertisement for a bid opening to be held at 1:00 p.m. on Wednesday March 10, 2021. Facts: Rahn Park Improvements provides for additional parking, accessible trail connections and court improvements as part of the Park and Recreation 2021 Capital Improvement Plan. All construction activity for said improvements has been designed to occur within existing public right-of-way, public property or easements. The plans and concepts were presented to City Council by Advisory Parks and Recreation Commission during the October 13, 2020 Special City Council Meeting as part of the CIP presentation. The 2021-2025 Park CIP was approved by City Council on October 20, 2020. The plans and specifications have been completed and are being presented to the City Council for approval and authorization for advertisement of bids. The plans and specifications are available in the Superintendent of Parks Office for review Upon approval and authorization, an advertisement will be published in the legal newspaper and electronic bidding sites informing contractors of the opportunity to bid. Attachments (0) Agenda Information Memo February 16, 2021, Eagan City Council Meeting PUBLIC HEARINGS A. Variance – 1322 Interlachen Drive (Donald and Orianna Forciea) Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) of a Variance of 1.53 percent to the maximum 20 percent building coverage standard to allow the addition of a screen porch to the single-family dwelling at 1322 Interlachen Drive, subject to the conditions listed in the staff report. Required Vote For Approval: Majority of Councilmembers present Facts: The subject property contains a single-family home constructed in 2019. It is located within the Dakota Path Planned Development. R-1 zoning district bulk standard applies to the lots in this portion of the Planned Development. The R-1 zoning district limits building coverage to a maximum of 20 percent of the lot area. The subject property is 15,406 square feet in area, and exceeds the 12,000 square foot minimum lot size for R-1 zoning district. The applicant is proposing to construct a screen porch and deck addition to the home. The proposed 16-foot by 16-foot, 256 square foot, porch contributes to the total building coverage on the lot. Based on the submitted survey the size of the lot is 15,406 square feet, and the existing building coverage is 3,061 square feet, a ratio of 19.87 percent of the lot area. The proposed 256 square foot porch results in a total building coverage of 3,317 square feet, a ratio of 21.53 percent of the lot area. Other typical zoning standards such as required setbacks are satisfied. The applicant’s stated practical difficulty is that the lot size prohibits use of the property in the same way as many others in the neighborhood. The applicant also states that the future deck and porch addition were planned when they initially built the home and the builder did not inform them of the limitation on future expansions. The 15,406 square foot lot is not substandard in size. The proposed porch addition appears to be a reasonable use commonly enjoyed by many other single-family homes, and is otherwise consistent with R-1 zoning standards. The requested Variance appears to be the minimum necessary, and the Variance does not appear to have a detrimental effect on other properties or to the purposes of the Code. Issues: None Agency Action Deadline: March 21, 2021 Attachments: (3) PHA-1 Location Map PHA-2 Planning Report PHA-3 Report Exhibits K I R K WO OD RICHARDS CT FAIRWAY HILLS DRIVEOAKCHASECIRSTEEPLE CHASE L A N ESTEEPLECHASEW AY SHADOWCREEKCURV E RICHARDLANEINTERLACHEN DRIVE CYPRESS PTO A K C H A S E L A N E COACHDR.PINETREE PA S S PEBB L E BEACHWAYLANEEGL PT D R DELORES LANE PARKRIDGEDRWALDENDRDUNB ERRYLANEL A K E S I D E D R BIRCHCRES T CIR DAKOTAPATHGRACE DRRICHARDLN OAKCH A SEWAYCHES MAR DRIVEPARKRIDGE CTWINGEDFOOTTRANDREWBLVDWILDERN ESS W E LLINGT O NWAYCLIFFRIDGECTCLI FF RI DGE CTPARKRIDGEDRLAKEPARKCIROAK CHASE RDOAK LEA F C IR R E B E C C A L N GREGORY LN. CAMELBACKDR HORIZON CIR G A B B E R T C I RLAKES ID ECIR BARCLAY CR.RIDGEVIEWDRDRIVE HAZELTINELANE OAKCHASEWAY THOMASLNANDREWBLVDC.S.A.H. NO. 31 (PILOT KNOB ROAD)I N T E R LACHEN DR CARRIAGE HILLC.S.A.H.NO.31(PILOTKNOBRD.)C.S.A.H.NO.31(PILOTKNOBRD.)C URV E P ARKVIE W C.S.A.H.NO.31(PILOTKNOBRD.)BLACK WOLFRUNKIR D WOODDRPARKCLIFF D R ERIK'SBLVDDUNBERRY CIRSTEEPLECHASECOURTCANTEBURY CIROAKCHASELANEPRAIRIE DUNES WAY HORIZONC IR KIRKWOODCIRCLI F F O RDLN.C H E S M A R LN C.S.A.H.NO.31(PILOTKNOBRD.)ClearwaterPark GeorgeOhmann Park ThomasLake Park WaldenHeightsPark RavinePark Park Lebanon HillsRegional 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: Donald & Orianna Forciea 1322 Interlachen Dr.Request: VarianceFile No.: 34-VA -02-01-21 Subject Site PLANNING REPORT CITY OF EAGAN REPORT DATE: February 5, 2021 CASE: 34-VA-02-01-21 APPLICANT: Donald & Orianna Forciea HEARING DATE: February 16, 2021 PROPERTY OWNER: Donald & Orianna Forciea APPLICATION DATE: January 20, 2021 REQUEST: Variance PREPARED BY: Pamela Dudziak LOCATION: 1322 Interlachen Drive COMPREHENSIVE PLAN: LD, Low Density ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a 1.53 percent Variance to the maximum 20 percent building coverage to allow a 256 square foot porch addition to the single-family home upon property located at 1322 Interlachen Drive, legally described as Lot 9, Block 3, Dakota Path 4th Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the city council may approve, approve with conditions or deny a request for a variance. A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance. In considering all requests for a variance and whether the applicant established that there are practical difficulties in complying with the provision(s) of this chapter, the city council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. Planning Report – Donald & Orianna Forciea February 16, 2021 Page 2 b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. d. The granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code, or to other properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. CODE REQUIREMENTS Although the property is zoned PD, Planned Development, the Final Planned Development Agreement specifies that all “lots meeting the R-1 minimum dimensional standards of 85-foot width and 12,000 square foot area shall be subject to R-1 zoning standards.” City Code Section 11.60, Subd. 5E, allows a maximum of 20 percent building coverage on properties zoned “R-1” Residential Single District. EXISTING CONDITIONS The property is platted as part of Dakota Path (marketed as Hillcrest). The Dakota Path Planned Development is an 80-acre single-family subdivision initially approved in 2013. The development consists of lots meeting the R-1S (Residential Single Small Lot) zoning standards, and lots meeting the R-1 (Residential Single) zoning standards. The subject parcel is within the R-1 area of the development, which is generally comprised of the southern loop of Interlachen Drive and Wingfoot Trail. Dakota Path was built out in phases, this lot is in the 4th Addition and is located along the southern boundary of the development abutting Lebanon Hills Regional Park to the south. Dakota County holds a 20-foot wide landscape easement along the south edge of the property. A storm sewer pipe is located in the rear yard within a 33-foot wide drainage and utility easement. Planning Report – Donald & Orianna Forciea February 16, 2021 Page 3 The existing single-family home with attached garage was constructed in 2019. The existing house and garage cover 3,061 square feet or 19.87 percent of the 15,406 square foot lot area. EVALUATION OF REQUEST Proposal – The applicant is proposing to construct a 16-foot by 16-foot porch addition to the rear of the existing home, and a 16-foot by 30-foot deck. The porch increases the building coverage. While the deck is a structure, it is not considered a “building” because it does not have a roof or walls and does not contribute to building coverage. The 256 square foot porch addition would result in a building coverage ratio of 21.53 percent, which exceeds the maximum R-1 zoning standard of 20 percent. The applicant is requesting approval of a Variance to allow the porch addition. City Code Standards – The R-1 Zoning District limits building coverage to 20 percent of the lot area. According to the submitted survey, the lot area is 15 ,406 square feet or 0.35 acres. Currently, the house and attached garage cover 3,061 square feet or 19.87 percent of the lot area. Twenty percent of the lot area would be 3,081 square feet. The proposed porch addition exceeds this amount by 236 square feet or 1.53 percent. The property is not located within a Shoreland Overlay District. Therefore, limits on impervious coverage do not apply. Lot Area = 15,406 sq. ft. Area in Square Feet (sq. ft.) Percentage of Lot Area (%) Existing Condition 3,061 19.84 R-1 Zoning (Allowable) 3,081 20.00 Proposed 3,317 21.53 Amount of Variance 236 1.53 Variance Criteria – The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary for reasonable use and to alleviate a practical difficulty. Practical difficulties “means that the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of the City Code.” Also, “economic considerations alone do not constitute practical difficulties.” Evaluation – The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan. The Zoning Ordinance does permit consideration of a Variance, and a practical difficulty is required to support the Variance request. Planning Report – Donald & Orianna Forciea February 16, 2021 Page 4 The 15,406 square foot lot size exceeds the R-1 minimum lot size of 12,000 square feet. The lot is conforming in size and dimensions. The existing improvements on the property are also conforming to R-1 zoning standards. The proposed porch and deck additions satisfy setback requirements and otherwise conform to zoning standards. Building coverage is a function of the lot size intended to regulate bulk and mass. Thus, while all lots in the same zoning district are allowed the same percentage of building coverage, larger lots can accommodate a larger building size, while smaller lots reach the maximum coverage percentage with a smaller building area. This lot is larger than the R-1 minimum of 12,000 square feet, and building coverage is not unduly limited because of a substandard lot size. However, the applicant states that the maximum 20 percent building coverage as applied to this lot prevents the addition of a porch, whereas other lots in the same neighborhood have porches and thus, strict application of the ordinance deprives the applicant of the same use. The property currently contains a reasonable use (i.e. single-family home and garage) that conforms to zoning standards. The practical difficulty appears to be self-created by the proposal to add a porch. This home was newly constructed in 2019, and the future porch addition was not shown on the plans at that time. The requested Variance is the minimum amount necessary to accommodate the porch at the size the applicant is proposing. The Variance does not appear to have a detrimental effect on other properties, or to the purposes of the Code. Approval of the Variance would allow the applicant a greater percentage of building coverage, however, the Variance does not appear to confer a special privilege since the proposed porch is a reasonable use that is a feature common to many single-family homes, and otherwise complies with applicable zoning standards. APPLICANT’S PRACTICAL DIFFICULTIES The applicant submitted a narrative explaining the Variance request. The narrative indicates when they purchased their “dream home” here in 2019, they had plans of the future deck and porch addition allowing them “to enjoy our backyard and views of Lebanon Hills,” and the builder did not advise them that the initial construction was nearly at the maximum size and the future addition would not be possible. The applicant states the variance is “a result of the lot size, which is a circumstance out of our control” and “prohibits us from using our property as several others in our neighborhood are able to.” The applicant states the request is the minimum necessary and would not be detrimental to the purposes of the code or other properties in the area. The applicant adds that approval of the Variance would allow the home improvement and increase property values. Planning Report – Donald & Orianna Forciea February 16, 2021 Page 5 SUMMARY/CONCLUSION The applicant is requesting approval of a Variance to allow construction of a 16-foot by 16-foot porch addition and 16-foot by 30-foot deck on the rear of the existing single-family home. The porch addition exceeds the maximum allowable building coverage by 236 square feet, and results in a Variance request to exceed the R-1 maximum of 20 percent by 1.53 percent. The applicant is requesting relief from the City Code standards limiting building coverage to 20 percent of the lot area. The existing conditions currently conform to R-1 zoning standards, the Variance would allow construction of a screen porch on the rear of the home, and increase the building coverage ratio to 21.53 percent of the lot area. While the demonstration of a practical difficulty appears weak, the proposed porch does satisfy other applicable zoning standards, the Variance is the minimum necessary to accommodate the porch addition, and the request appears to be a reasonable use typically afforded other single-family lots. ACTION TO BE CONSIDERED To approve a 1.53 percent Variance to the maximum 20 percent building coverage to allow for a porch addition to the single-family home upon property located at 1322 Interlachen Drive. If approved, the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A Building Permit shall be required prior to construction of the addition. K I R K WO OD RICHARDS CT FAIRWAY HILLS DRIVEOAKCHASECIRSTEEPLE CHASE L A N ESTEEPLECHASEW AY SHADOWCREEKCURV E RICHARDLANEINTERLACHEN DRIVE CYPRESS PTO A K C H A S E L A N E COACHDR.PINETREE PA S S PEBB L E BEACHWAYLANEEGL PT D R DELORES LANE PARKRIDGEDRWALDENDRDUNB ERRYLANEL A K E S I D E D R BIRCHCRES T CIR DAKOTAPATHGRACE DRRICHARDLN OAKCH A SEWAYCHES MAR DRIVEPARKRIDGE CTWINGEDFOOTTRANDREWBLVDWILDERN ESS W E LLINGT O NWAYCLIFFRIDGECTCLI FF RI DGE CTPARKRIDGEDRLAKEPARKCIROAK CHASE RDOAK LEA F C IR R E B E C C A L N GREGORY LN. CAMELBACKDR HORIZON CIR G A B B E R T C I RLAKES ID ECIR BARCLAY CR.RIDGEVIEWDRDRIVE HAZELTINELANE OAKCHASEWAY THOMASLNANDREWBLVDC.S.A.H. NO. 31 (PILOT KNOB ROAD)I N T E R LACHEN DR CARRIAGE HILLC.S.A.H.NO.31(PILOTKNOBRD.)C.S.A.H.NO.31(PILOTKNOBRD.)C URV E P ARKVIE W C.S.A.H.NO.31(PILOTKNOBRD.)BLACK WOLFRUNKIR D WOODDRPARKCLIFF D R ERIK'SBLVDDUNBERRY CIRSTEEPLECHASECOURTCANTEBURY CIROAKCHASELANEPRAIRIE DUNES WAY HORIZONC IR KIRKWOODCIRCLI F F O RDLN.C H E S M A R LN C.S.A.H.NO.31(PILOTKNOBRD.)ClearwaterPark GeorgeOhmann Park ThomasLake Park WaldenHeightsPark RavinePark Park Lebanon HillsRegional 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: Donald & Orianna Forciea 1322 Interlachen Dr.Request: VarianceFile No.: 34-VA -02-01-21 Subject Site Winged Foot Trail Prairie Dunes Way St. Andrew Boulevard Hazeltine Lane Dakota PathFairway Hills DriveGrace Drive Interlachen Drive P a r k r i d g e D r i v e Dakota PathInterlachen DriveInterlachen Drive 0 300150 Feet ´ This map is for reference use only. This is not a survey and is not indtended to be used as one. Aerial photo-Spring 2019 Project Name: Donald & Orianna Forciea, 1322 Interlachen DriveRequest: VarianceFile Nos.: 34-VA-02-01-21 Interlachen DriveWinged Foot TrailI n t e r l a c h e n D r i v e 0 300150 Feet´ This map is for reference use only. This is not a survey and is not indtended to be used as one. Aerial photo-Spring 2019 Project Name: Donald & Orianna Forciea, 1322 Interlachen DriveRequest: VarianceFile Nos.: 34-VA-02-01-21 Agenda Information Memo February 16, 2021, Eagan City Council Meeting PUBLIC HEARINGS B. Variance – 1900 Shawnee Road (Public Storage) Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Variance to the required pavement setbacks to allow a 30-foot front yard setback (Highway 13) and to allow a shared access with a zero setback upon property located at 1900 Shawnee Road, subject to the conditions listed in the staff report. Required Vote For Approval: Majority of Councilmembers present Facts: The subject property was platted in 1967 and is currently vacant. It was formerly developed with a restaurant (LaFonda’s) that was demolished in August 2020. The property is zoned I-1, Limited Industrial. The 2.85-acre parcel is encumbered with a 40-foot service road easement that runs parallel to Highway 13 and provides access to the neighboring property to the south, under the same ownership, which is otherwise a land-locked parcel. The Applicant submitted a building permit in 2020 for a 40,500 square foot, multi-story, storage facility. During the Building Permit review, it was determined the pavement setbacks did not meet City Code requirements. The proposed redevelopment meets the I-1 bulk standards save for the pavement setbacks from Highway 13 as the site is designed for parking stalls to access the existing service road. Further, the applicant proposes a shared driveway along the side property line which also requires a Variance. The applicant has not provided a practical difficulty in their narrative; however, the 40- foot existing easement reduces options for building placement and site design. The applicant’s narrative states they will provide additional landscaping along the Highway 13 right-of-way to provide an additional buffer. The proposed shared driveway allows more efficient use of the land especially given the uniqueness that the adjacent lot does not have public street frontage. The 2.85-acre lot is not substandard in size. The proposed development is a permitted use in the I-1 zoning district and is otherwise consistent with I-1 zoning standards. The requested Variances appear to be the minimum necessary, and the Variances do not appear to have a detrimental effect on other properties or to the purposes of the Code. Issues: None Agency Action Deadline: March 27, 2021 Attachments: (3) PHB-1 Location Map PHB-2 Planning Report PHB-3 Report Exhibits S TATE T.H . N O . 13SILVER BELL ROADYANKEEDRIVECEDARGROVEPKWYGOLD TRAIL TURQUOISEPTRIVERTON AVEBLACKHAWKROAD CINNABAR DRPALISADE CR GOLD TRAIL ASHBURY ROAD BROWNBEARTRAILT U R Q U O IS E T R A I L MONTEREY LANE TURQUOISE CIRCOC H R ANESTATETRUNKHIGHWAYNO.13KENNEBECDRIVECALCITE DRROBIN LANE COCHRANE AVESILVER BELL CRRIVERTON CIR N IC O L S R O A D KYLLO LANE KENNEBECDRIVEBLACKHAWK ROADWUTHERING HEIGHTS RDCEDARGROVEPKWYLODESTONELN.SERPENTINEDRDAVENPORT AVE TURQUOISE TRAILHEATHERDRRED F OX LN ALDER LANERAHNROADPLANTROADGOLD CT SERPENTINE CRCOUNTR Y CREEKWAYPALISADE PT CO M A NC HE R O A D DOLOMITEDRSILVER BELL ROAD EAGANOUTLETSPKW YRIVERT O NAV E KNOLL RIDGE DRIVEAVE DAVENPORT CR SILVER BELL ROAD SE N ECAROADCREST RIDGE LANE CINNABAR DRBURGUNDY DRPUMICE CTG O L D T R A IL BLACKHAWK ROADPALI SADEWAYYANKEEDOODLEROAD BLUECROSSROADWILLOWWAYSHAWNEEROAD LAUREL CTSTATETRUNKHIGHWAYNO.13LODESTONE CIR.PALISADE WAYSTATEHIGHWAYNO.13KENNEBEC DRIVECEDAR GROVE PKWYEAGAN OUTLETS PKWYNICOLS RD/CEDAR GROVE BLVDSky Hill Park PeridotPath Park WoodhavenPark Fort SnellingState 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: Public StorageRequest: VarianceFile No.: 17-VA -01-01-21 Subject Site PLANNING REPORT CITY OF EAGAN REPORT DATE: February 11, 2021 CASE: 17-VA-01-01-21 APPLICANT: PS Mid-West One LLC (Public Storage) HEARING DATE: February 16, 2021 PROPERTY OWNER: Same APPLICATION DATE: January 26, 2021 REQUEST: Variance PREPARED BY: Sarah Thomas LOCATION: 1900 Shawnee Road COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Variance to the required pavement setbacks for the front yard (Highway 13) and to allow a shared access along the side yard upon property located at 1900 Shawnee Road, legally described as Lot 3, Block 1, Cedar Industrial Park. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the city council may approve, approve with conditions or deny a request for a variance. A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance. In considering all requests for a variance and whether the applicant established that there are practical difficulties in complying with the provision(s) of this chapter, the city council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. Planning Report – Public Storage February 16, 2021 Page 2 b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. d. The granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code, or to other properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. CODE REQUIREMENTS City Code Section 11.20, Subdivision 8 requires a minimum parking lot setback of five feet from a side yard and 50 feet from a public right-of-way when adjacent to properties guided for residential when separated by a street. BACKGROUND/HISTORY The 2.85-acre property was platted in 1967 and contained a restaurant (LaFonda’s), which was constructed in 1973 and demolished in August 2020 after sitting vacant for some time. The plat identifies a 40-foot service road easement that runs parallel to Highway 13 and provides access to the neighboring property to the south, under the same ownership, which is otherwise a land- locked parcel. A 100-foot monopole was approved in 2002 for the site. The monopole has also been removed from the site. The Applicant submitted a building permit in 2020 for a 40,500 square foot, multi-story, storage facility. During the Building Permit review, it was determined the pavement setbacks did not meet City Code requirements. EXISTING CONDITIONS The site is located west of Highway 13 and south of Shawnee Road. The property has been cleared for construction of the new building. Planning Report – Public Storage February 16, 2021 Page 3 EVALUATION OF REQUEST Compatibility with Surrounding Area – The proposed storage facility is a permitted use within the Limited Industrial (I-1) zoning district. The site is located within an industrial area and surrounded by other industrial developments and property. East of Highway 13 are the Centex Vermillion and Seneca Hills townhome developments. Proposal – The site plan proposes a 40,500 square foot, three story building. Access is proposed from two driveways onto Shawnee Road. The eastern driveway algins with an existing service road providing access to the property to the south. Both properties are under the same ownership. The applicant proposes a shared driveway along the side property line. The rear of the property, defined as opposite the shortest street frontage of a corner lot, consists of a stormwater area. A second stormwater area is proposed in the front yard, adjacent to Shawnee Road. Parking for this use is not defined in the City Code. The site provides 23 parking stalls which appears consistent with similar facilities recently construction. Parking is proposed in the front, rear and side of the building. An office is located at the front portion of the building. A six-foot decorative wrought iron fence and gate provide site security. A detached trash enclosure is proposed behind the building. A variety of pines, overstory and ornamental trees are provided on the site along with foundation plantings consisting of shrubs, grasses and perennials. While limited in space due to existing conditions, Arborvitae and Dogwoods are proposed adjacent to the driveway/shared access road adjacent to Highway 13 to provide a buffer. The proposal would allow a 30-foot front yard pavement setback from Highway 13 and the shared access would result in a zero-side yard setback. Variance Criteria – The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary for reasonable use and to alleviate a practical difficulty. Practical difficulties “means that the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of the City Code.” Also, “economic considerations alone do not constitute practical difficulties.” Evaluation – The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan. The Zoning Ordinance does permit consideration of a Variance, and a practical difficulty is required to support the Variance request. The proposed Variance to side yard setback for pavement will permit a shared driveway. The proposed shared driveway allows more efficient use of the land especially given the uniqueness that the adjacent lot does not have public street frontage. Planning Report – Public Storage February 16, 2021 Page 4 As previously mention, the lot was platted in 1967 and the access road easement was provided at that time. The proposed front yard setback (Highway 13) is due to the existing conditions with the placement of the access road which predates development of the residential land use across Highway 13 which requires the larger front yard pavement setback. The lot is conforming in size and dimensions. The proposed improvements on the property conform to I- 1 zoning standards save for the Variance requests. It does not appear that granting of the Variance would result in any detrimental effects to the neighboring properties or the public. APPLICANT’S PRACTICAL DIFFICULTIES The applicant submitted a narrative explaining the Variance request. The narrative does not provide a practical difficulty; however, the existing 40-foot easement reduces options for building placement and site design. The applicant’s narrative states they will provide additional landscaping along the Highway 13 right-of-way to provide an additional buffer. The redevelopment of the subject site will also provide cross access between the two properties that are under the same ownership. SUMMARY/CONCLUSION The applicant is requesting approval of two Variances to allow redevelopment of the site with pavement setback variances from the front yard (Highway 13) and the interior side yard. The redevelopment of the site includes the constraint of an existing service road which limits the site layout and results in the need for a front yard pavement setback variance of 20 feet. Further, the site was platted with the service road easement, prior to the residential property development across the public street. The proposed front yard setback exceeds the standard front yard pavement setback requirements which is 20 feet. Additionally, the property and the parcel served by the service road are under the same ownership. The request for a zero-side yard setback allows for more efficient use of the two properties and does not appear to have detrimental effects to others. ACTION TO BE CONSIDERED To approve a Variance to the required pavement setbacks to allow a 30-foot front yard setback (Highway 13) and to allow a shared access with a zero setback upon property located at 1900 Shawnee Road. If approved, the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. Planning Report – Public Storage February 16, 2021 Page 5 2. A declaration of ingress/egress, in a form acceptable to the City Attorney, shall be executed and recorded prior to the issuance of a building permit. S TATE T.H . N O . 13SILVER BELL ROADYANKEEDRIVECEDARGROVEPKWYGOLD TRAIL TURQUOISEPTRIVERTON AVEBLACKHAWKROAD CINNABAR DRPALISADE CR GOLD TRAIL ASHBURY ROAD BROWNBEARTRAILT U R Q U O IS E T R A I L MONTEREY LANE TURQUOISE CIRCOC H R ANESTATETRUNKHIGHWAYNO.13KENNEBECDRIVECALCITE DRROBIN LANE COCHRANE AVESILVER BELL CRRIVERTON CIR N IC O L S R O A D KYLLO LANE KENNEBECDRIVEBLACKHAWK ROADWUTHERING HEIGHTS RDCEDARGROVEPKWYLODESTONELN.SERPENTINEDRDAVENPORT AVE TURQUOISE TRAILHEATHERDRRED F OX LN ALDER LANERAHNROADPLANTROADGOLD CT SERPENTINE CRCOUNTR Y CREEKWAYPALISADE PT CO M A NC HE R O A D DOLOMITEDRSILVER BELL ROAD EAGANOUTLETSPKW YRIVERT O NAV E KNOLL RIDGE DRIVEAVE DAVENPORT CR SILVER BELL ROAD SE N ECAROADCREST RIDGE LANE CINNABAR DRBURGUNDY DRPUMICE CTG O L D T R A IL BLACKHAWK ROADPALI SADEWAYYANKEEDOODLEROAD BLUECROSSROADWILLOWWAYSHAWNEEROAD LAUREL CTSTATETRUNKHIGHWAYNO.13LODESTONE CIR.PALISADE WAYSTATEHIGHWAYNO.13KENNEBEC DRIVECEDAR GROVE PKWYEAGAN OUTLETS PKWYNICOLS RD/CEDAR GROVE BLVDSky Hill Park PeridotPath Park WoodhavenPark Fort SnellingState 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: Public StorageRequest: VarianceFile No.: 17-VA -01-01-21 Subject Site MN HWY 13MN HWY 13MN HWY 13MN HWY 13Shawnee Road Seneca Road Robin Lane Blackhawk Road B u rg u n d y D riv eKennebec DriveKennebec DriveRo b i n L a n e 0 300150 Feet ´This map is for reference use only. This is not a survey and is not indtended to be used as one. Aerial photo-Spring 2019 Project Name: Public StorageRequest: VarianceFile No.: 17-VA-01-01-21 MN HWY 13MN HWY 13S h a w n ee R o a d B u rg u n d y D rive 0 10050 Feet ´This map is for reference use only. This is not a survey and is not indtended to be used as one. Aerial photo-Spring 2019 Project Name: Public StorageRequest: VarianceFile No.: 17-VA-01-01-21 PROPOSED BUILDING ±40,500 SF 23 PARKING SPACES T EXISTING 10' WATERMAIN EASEMENT 50' FRONT (MAJOR THROUGHFARE) BUILDING SETBACK LINE 20' FRONT PARKING SETBACK LINE VEHICLE CHOP GATE WITH KEY CARD READER PROPERTY LINE EXISTING SERVICE ROAD EASEMENT DIRECTIONAL SIGN FOR "RENTAL OFFICE" DIRECTIONAL SIGN FOR "LOADING" PROPOSED STORMWATER MANAGEMENT AREA VEHICLE CHOP GATE TRASH ENCLOSURE A A O C D E F G10.0'19.0' 10.0'19.0'24.0'11.1'8.0'6.0'10.0'19.0'24.0'B B B B B DRIVE-THRU ±2,170 SF 62.5'35.6'172.4'92.3'175.4'90.0' I L L L L L L C C M M80.0'I I H JJ J J J J K K 5' REAR PARKING SETBACK LINE 20' REAR BUILDING SETBACK LINE EXISTING 20' SEWER EASEMENT EXISTING 25' DITCH EASEMENT PER PLAT EXISTING 20' UTILITY EASEMENT 20' BUILDING SETBACK LINE 20' FRONT PARKING SETBACK LINE 40' FRONT (PUBLIC ROW) BUILDING SETBACK LINE 5' PARKING SETBACK LINE FIRST LEVEL ENTRY, SEE ARCH. FIRST LEVEL ENTRY, SEE ARCH. SECOND LEVEL OFFICE, SEE ARCH.32.0'C N EXISTING 10' DRAINAGE AND UTILITY EASEMENT C C 1 5 . 0 ' Q30.0'8.0' PROPOSED STAIRS (6 TYP.) P P EXISTING RAILROAD TIE RETAINING WALL TO BE REPLACED WITH NEW BLOCK RETAINING WALL BY OTHERS SHAWNEE ROADC J K K 10.0'10.0'10.0'56.8'43.0' C R RDDDPROPOSED STORMWATER MANAGEMENT AREA 4 0 . 8 'PREPARED FORSITE PLANC4001900 SHAWNEEROADPUBLIC STORAGEEAGANMNDATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA.MNLIC. NO.ANDREW T. BERG01/29/202047980DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16096500702/19/2020AS SHOWNMTLMTLATBBUILDING DATA SUMMARY AREAS PROPOSED PROPERTY 124,018 SF (2.85 AC) BUILDING AREA 40,500 SF (32.7% OF TOTAL PROPERTY AREA) PARKING PROPOSED PARKING 23 SPACES @ 0.57 RATIO ADA STALLS REQ'D / PROVIDED 2 STALLS / 2 STALLS PROPERTY SUMMARY 3665 SIBLEY MEMORIAL HIGHWAY TOTAL PROPERTY AREA 124,018 SF (2.85 AC) PROPOSED IMPERVIOUS AREA 78,698 SF (1.81 AC) PROPOSED PERVIOUS AREA 45,320 SF (1.04 AC) TOTAL DISTURBED AREA 139,757 SF (3.21 AC) ZONING SUMMARY EXISTING ZONING I-1 LIMITED INDUSTRIAL PROPOSED ZONING I-1 LIMITED INDUSTRIAL PARKING SETBACKS SIDE/REAR = 5' ROAD = 20' BUILDING SETBACKS FRONT (MAJOR THROUGHFARE) = 50' FRONT (PUBLIC ROW) = 40' SIDE = 20' REAR = 20' KEYNOTE LEGEND CONCRETE SIDEWALK STANDARD DUTY ASPHALT PAVEMENT MATCH EXISTING EDGE OF PAVEMENT/ CURB & GUTTER ACCESSIBLE TRANSITION RAMP ACCESSIBLE PARKING SIGN ACCESSIBLE PARKING AREA STRIPED WITH 4" SYSL @ 45° 2' O.C. "DO NOT ENTER" SIGN LANDSCAPE AREA - SEE LANDSCAPE PLANS PAVEMENT MARKING - DIRECTION ARROW (TYP.) DECORATIVE WROUGHT IRON FENCE (SEE ARCH. PLANS) B612 CURB & GUTTER (TYP.) COMMERCIAL DRIVEWAY APRON TRANSFORMER PAD RAMP WITH HANDRAILS MAX STOP FENCE (SEE ARCH. PLANS) B618 CURB & GUTTER (TYP.) 18" GUTTER (TYP.) A B C D E F G H I J K L M N O P Q R This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.SHEET NUMBER 2020 KIMLEY-HORN AND ASSOCIATES, INC.767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\Public Storage\Eagan_MN\3 Design\CAD\PlanSheets\C4-SITE PLAN.dwg December 29, 2020 - 12:01pm©BYREVISIONSNo.DATE1ISSUE FOR BID & PERMIT02/19/2020MTLISSUED FOR PERMIT - NOT FOR CONSTRUCTION2ADDENDUM #103/16/2020MTLPRIVATE PROJECT NO. 20-BP-D 3ADDENDUM #203/27/2020MTL4RESUBMISSION TO CITY12/11/2020MTLSITE PLAN NOTES 1.ALL WORK AND MATERIALS SHALL COMPLY WITH ALL CITY/COUNTY REGULATIONS AND CODES AND O.S.H.A. STANDARDS. 2.CONTRACTOR SHALL REFER TO THE ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS OF VESTIBULES, SLOPE PAVING, SIDEWALKS, EXIT PORCHES, TRUCK DOCKS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDING UTILITY ENTRANCE LOCATIONS. 3.ALL INNER CURBED RADII ARE TO BE <3'> AND OUTER CURBED RADII ARE TO BE <10'> UNLESS OTHERWISE NOTED. STRIPED RADII ARE TO BE 5'. 4.ALL DIMENSIONS AND RADII ARE TO THE FACE OF CURB UNLESS OTHERWISE NOTED. 5.EXISTING STRUCTURES WITHIN CONSTRUCTION LIMITS ARE TO BE ABANDONED, REMOVED OR RELOCATED AS NECESSARY. ALL COST SHALL BE INCLUDED IN BASE BID. 6.CONTRACTOR SHALL BE RESPONSIBLE FOR ALL RELOCATIONS, (UNLESS OTHERWISE NOTED ON PLANS) INCLUDING BUT NOT LIMITED TO, ALL UTILITIES, STORM DRAINAGE, SIGNS, TRAFFIC SIGNALS & POLES, ETC. AS REQUIRED. ALL WORK SHALL BE IN ACCORDANCE WITH GOVERNING AUTHORITIES REQUIREMENTS AND PROJECT SITE WORK SPECIFICATIONS AND SHALL BE APPROVED BY SUCH. ALL COST SHALL BE INCLUDED IN BASE BID. 7.SITE BOUNDARY, TOPOGRAPHY, UTILITY AND ROAD INFORMATION TAKEN FROM A SURVEY BY <EGAN, FIELD AND NOWAK, INC.>, DATED 11/12/19. KIMLEY-HORN ASSUMES NO LIABILITY FOR ANY ERRORS, INACCURACIES, OR OMISSIONS CONTAINED THEREIN. 8.TOTAL LAND AREA IS <2.85> ACRES. 9.PYLON / MONUMENT SIGNS SHALL BE CONSTRUCTED BY OTHERS. SIGNS ARE SHOWN FOR GRAPHICAL & INFORMATIONAL PURPOSES ONLY. CONTRACTOR TO VERIFY SIZE, LOCATION AND ANY REQUIRED PERMITS NECESSARY FOR THE CONSTRUCTION OF THE PYLON / MONUMENT SIGN. 10.CONTRACTOR SHALL REFERENCE ARCH / MEP PLANS FOR SITE LIGHTING AND ELECTRICAL PLAN. 11.NO PROPOSED LANDSCAPING SUCH AS TREES OR SHRUBS, ABOVE AND UNDERGROUND STRUCTURES, OR OTHER OBSTRUCTIONS SHALL BE LOCATED WITHIN EXISTING OR PROPOSED UTILITY EASEMENTS AND RIGHTS OF WAY UNLESS SPECIFICALLY NOTED ON PLANS OTHERWISE. 12.REFERENCE ARCHITECTURAL PLANS FOR DUMPSTER ENCLOSURE DETAILS. 13.REFER TO FINAL PLAT OR ALTA SURVEY FOR EXACT LOT AND PROPERTY BOUNDARY DIMENSIONS. 14.ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT. 15.ALL DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT. 16.ALL PARKING STALLS TO BE <10'> IN WIDTH AND <19'> IN LENGTH UNLESS OTHERWISE INDICATED. 17.ANY WORK WITHIN THE STATE ROUTE 13 RIGHT-OF-WAY WILL REQUIRE A MnDOT RIGHT-OF-WAY PERMIT. 18.ANY WORKING WITH THE SHAWNEE ROAD RIGHT-OF-WAY WILL REQUIRE AN EAGAN RIGHT-OF-WAY PERMIT.NORTHPROPOSED CURB AND GUTTER PROPERTY LINE PROPOSED FENCE BUILDING SETBACK LINE RETAINING WALL PROPOSED HEAVY DUTY ASPHALT PROPOSED CONCRETE PAVEMENT PROPOSED CONCRETE SIDEWALK LEGEND PROPOSED ASPHALT REPAIR STRIP PARKING SETBACK LINE UTILITY EASEMENT LINE DITCH EASEMENT LINE PROPOSED STORMWATER MANAGEMENT AREA 3 SEEDING KEYNOTES SEED WITH MNDOT 25-131: LOW MAINTENANCE TURF SEED MIX (TYP.) SEED WITH MNDOT 33-261: STORMWATER SOUTH & WEST SEED MIX (TYP.) SEED WITH MNDOT 35-241: MESIC PRAIRIE GENERAL SEED MIX (TYP.) 33-261 35-241 25-131A LANDSCAPE KEYNOTES EDGER (TYP.) DOUBLE SHREDDED HARDWOOD MULCH (TYP.) ROCK MULCH (TYP.) SOD (TYP.) MAINTENANCE STRIP (TYP.) PROVIDE QUICK COUPLERS TO ESTABLISH SEED (TYP.) B C D E F 33-261 35-241 E D A A C E A E D B 35-241 D E C 3 - SGJ 5 - RSV 3 - RSV 3 - SGJ 3 - SGJ 5 - MOV5 - MOV3 - MDJ D D 33-261 33-261F F 3 - PFC 7 - GDG 1 - HCK 1 - HCK D 1 - BRO 3 - ERC 2 - RVB 1 - BOL 1 - BOL 3 - SCP 2 - WHP 1 - SWO 2 - BHS 3 - AUP 3 - KFG 2 - GOJ 9 - AFS 8 - RSG 2 - NWM 13 - CHB 1 - FFM 2 - GOJ 3 - KFG 7 - AFS 10 - RSG D A B D 25-131 D 2 - WHP 3 - BHS 1 - SWO 35-241 D 35-241 1 - HCK 1 - FFM 2 - WHP 3 - DBH A B 6 - DOG 9 - TCA 6 - DOG 9 - TCA PROPOSED BUILDING ±40,500 SF 23 PARKING SPACES SHAWNEE ROADSHAWNEE ROADCONIFEROUS TREE CODE QTY BOTANICAL NAME COMMON NAME CONT SIZE SIZE AUP 3 PINUS NIGRA AUSTRIAN PINE B & B 6` HT. BHS 5 PICEA GLAUCA `DENSATA`BLACK HILLS SPRUCE B & B 6` HT. ERC 3 JUNIPERUS VIRGINIANA EASTERN RED CEDAR B & B 6` HT. SCP 3 PINUS SYLVESTRIS SCOTCH PINE B & B 6` HT. WHP 4 PINUS STROBUS WHITE PINE B & B 6` HT. ORNAMENTAL TREES CODE QTY BOTANICAL NAME COMMON NAME CONT SIZE SIZE PFC 3 MALUS X `PRAIRIFIRE`PRAIRIFIRE CRAB APPLE B & B 1.5" CAL. RVB 2 BETULA NIGRA RIVER BIRCH MULTI-TRUNK B & B 6` HT. OVERSTORY TREES CODE QTY BOTANICAL NAME COMMON NAME CONT SIZE SIZE BOL 2 TILIA AMERICANA `BOULEVARD`BOULEVARD LINDEN B & B 2.5" CAL. BRO 1 QUERCUS MACROCARPA BUR OAK B & B 2.5" CAL. FFM 2 ACER SACCHARUM `FALL FIESTA`FALL FIESTA MAPLE B & B 2.5" CAL. HCK 3 CELTIS OCCIDENTALIS `PRAIRIE SENTINEL`PRAIRIE SENTINEL HACKBERRY B & B 2.5" CAL. NWM 2 ACER RUBRUM `NORTHWOOD`NORTHWOOD MAPLE B & B 2.5" CAL. SWO 2 QUERCUS BICOLOR SWAMP WHITE OAK B & B 2.5" CAL. CONIFEROUS SHRUBS CODE QTY BOTANICAL NAME COMMON NAME SIZE GOJ 4 JUNIPERUS VIRGINIANA `GREY OWL`GREY OWL JUNIPER #5 CONT. MDJ 3 JUNIPERUS SCOPULORUM `MEDORA`MEDORA JUNIPER #5 CONT. SGJ 9 JUNIPERUS CHINENSIS `SEA GREEN`SEA GREEN JUNIPER #5 CONT. TCA 18 THUJA OCCIDENTALIS `TECHNITO`TECHNITO ARBORVITAE #5 CONT. DECIDUOUS SHRUBS CODE QTY BOTANICAL NAME COMMON NAME SIZE CHB 13 ARONIA MELANOCARPA `MORTON`IROQUOIS BEAUTY CHOKEBERRY #5 CONT. DBH 3 DIERVILLA LONICERA DWARF BUSH HONEYSUCKLE #5 CONT. DOG 12 CORNUS SERICEA `CARDINAL`CARDINAL RED-TWIG DOGWOOD #5 CONT. GDG 7 CORNUS RACEMOSA GRAY DOGWOOD #5 CONT. MOV 10 VIBURNUM LANTANA `MOHICAN`MOHICAN VIBURNUM #5 CONT. RSV 8 AMELANCHIER ALNIFOLIA `REGENT`REGENT SERVICEBERRY #5 CONT. GRASSES CODE QTY BOTANICAL NAME COMMON NAME SIZE KFG 6 CALAMAGROSTIS X ACUTIFLORA `KARL FOERSTER`KARL FOERSTER FEATHER REED GRASS #1 CONT. PERENNIALS CODE QTY BOTANICAL NAME COMMON NAME CONT FIELD2 FIELD3 SPACING AFS 16 SEDUM X `AUTUMN FIRE`AUTUMN FIRE SEDUM #1 CONT 18" O.C.18" o.c. RSG 18 PEROVSKIA X `LITTLE SPIRE`LITTLE SPIRE RUSSIAN SAGE #1 CONT 18" OC 18" o.c. PLANT SCHEDULE LANDSCAPE LEGEND EXISTING DECIDUOUS TREE (TYP.) EDGER (TYP.) APPROXIMATE LIMITS OF SOD / IRRIGATION (TYP.) APPROXIMATE LIMITS OF SEED/ SEED EDGE (TYP.) ROCK MULCH (TYP.)This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.SHEET NUMBER 2020 KIMLEY-HORN AND ASSOCIATES, INC.767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\Public Storage\Eagan_MN\3 Design\CAD\PlanSheets\L1-LANDSCAPE PLAN.dwg December 29, 2020 - 12:09pmBYREVISIONSNo.DATE1ISSUE FOR BID & PERMIT02/19/2020MTLISSUED FOR PERMIT - NOT FOR CONSTRUCTION2ADDENDUM #103/16/2020MTLPRIVATE PROJECT NO. 20-BP-D 3ADDENDUM #203/27/2020MTL4RESUBMISSION TO CITY12/11/2020MTLPREPARED FORLANDSCAPE PLANL1001900 SHAWNEE ROADPUBLIC STORAGEEAGANMNDATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALLANDSCAPE ARCHITECT UNDER THE LAWS OFTHE STATE OF MINNESOTA.MNLIC. NO.RYAN A. HYLLESTED01/31/202053828DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16096500702/19/2020AS SHOWNRAHMPIRAHNORTH4 4 4 52913468710121113141518161719EL=10'-8"SECOND FLOOREL=21'-4"THIRD FLOOREL=0'-0"FIRST FLOOREL=37'-0"T.O. PARAPETEL=32'-0"B.O. DECK 2021222324252627EL=39'-10"T.O. TOWER39'-3 1/2"2'-5"4'-0"2'-5"8'-0"39'-3 1/2"8'-0"49'-2 1/2"50'-0"50'-0"50'-0"11'-0"123333210613954414212120417184171816164171812122314141414TOTAL SOUTH ELEV. AREA =8,218 SF 100%CLASS 1BRICK =2,322 SF 28.26%GLAZING =760 SF 9.25%TOTAL CLASS 1 = 37.50%CLASS 2STUCCO =5,084 SF 61.86%CLASS 3OTHER =52 SF 0.63%24UEL=0'-0"FINISH FLOOREL=21'-4"THIRD FLOOREL=10'-8"SECOND FLOORSNJRLQMPDKEHFGCBATEL=32'-0"B.O. DECK EL=39'-10"T.O. TOWER39'-3 1/2"2'-5"4'-0"2'-5"8'-0"39'-3 1/2"8'-0"34'-2 1/2"40'-0"35'-0"35'-0"11'-0"122433321217141113417182234171841718126519204422VWYTOTAL EAST ELEV. AREA =6,537 SF 100%CLASS 1BRICK =1,339 SF 20.48%GLAZING =1,096 SF 16.77%TOTAL CLASS 1 = 37.25%CLASS 2STUCCO =4,018 SF 61.47%CLASS 3OTHER =84 SF 1.28%UEL=0'-0"FINISH FLOOREL=21'-4"THIRD FLOOREL=10'-8"SECOND FLOORSNJRLQMPDKEHFGCBATEL=32'-0"B.O. DECK 5'-0"5'-0"7"35'-0"11'-0"69'-0"11'-0"70'-0"11'-0"12314138123417184171823323371411241718724242423VWYTOTAL WEST ELEV. AREA =7,531 SF 100%CLASS 1BRICK =2,384 SF 31.66%GLAZING =428 SF 5.68%TOTAL CLASS 1 = 37.34%CLASS 2STUCCO =4,660 SF 61.88%CLASS 3OTHER =59 SF 0.78%52913468710121113141518161719EL=10'-8"SECOND FLOOREL=21'-4"THIRD FLOOREL=0'-0"FIRST FLOOREL=37'-0"T.O. PARAPETEL=32'-0"B.O. DECK 2021222324252627EL=26'-8"T.O. PARAPET11'-0"39'-0"62'-0"49'-0"11'-0"79'-0"11'-0"1231231323151515722715152323417184171871522424241616TOTAL NORTH ELEV. AREA =9,498 SF 100%CLASS 1BRICK =3,187 SF 33.55%GLAZING =0 SF 0.00%CLASS 2STUCCO =6,239 SF 65.69%CLASS 3OTHER =72 SF 0.76%MATERIAL LEGEND/KEYNOTES1BRICK, COLOR TO MATCH BORAL CONCRETE PRODUCTS"WALGREEN BROWN"2STUCCO, "PPG WINTER MOOD"3STUCCO, "PPG MOTH GRAY"4STUCCO, "PS ORANGE"79ALUMINUM CANOPY, PREFINISHED "PS ORANGE"10AUTOMATIC SLIDING GLASS DOORS W/ CLEAR ANODIZEDFINISH.11HOLLOW METAL DOOR, PAINTED "PPG ROLLER COASTER"12INTERNALLY LIT BUILDING SIGN BY SIGNAGE CONTRACTOR1314METAL DOWNSPOUT, PREFINISHED "PPG WINTER MOOD"OVERFLOW SCUPPERLINE OF ROOF BEYONDMETAL COPING, PREFINISHED "PS ORANGE"5681" INSULATED VISION GLASS IN CLEAR ANODIZEDSTOREFRONT SYSTEMNON-ILLUMINATED CANOPY SIGN BY SIGNAGE CONTRACTOR151" INSULATED SPANDREL GLASS IN CLEAR ANODIZEDSTOREFRONT SYSTEM6" CONCRETE CURB16PR. STOREFRONT DOORS W/ CLEAR ANODIZED FRAME17FIRE DEPARTMENT CONNECTION18STOREFRONT DOOR W/ SPANDREL GLASSOVERHEAD DRIVE-THRU DOOR19202122BRAKE METAL TO MATCH STOREFRONT SYSTEMLINE OF BUILDING BELOW GRADEBRICK, COLOR TO MATCH PPG "MOTH GRAY"23BRICK SOLDIER COURSE, COLOR TO MATCH PPG "MOTHGRAY"24TOTAL BUILIDING ELEV. AREA = 31,784 SF 100%CLASS 1BRICK9,232 SF 29.05%GLAZING2,284 SF 7.19%TOTAL CLASS 1 = 36.23%CLASS 2STUCCO20,001 SF 62.93%CLASS 3OTHER267 SF 0.84%SCALE: 1/16" = 1'-0"SOUTH ELEVATION04PRELIMINARY ELAVATIONSSCALE: 1/16" = 1'-0"EAST ELEVATION02SCALE: 1/16" = 1'-0"WEST ELEVATION03SCALE: 1/16" = 1'-0"NORTH ELEVATION01DALLAS, TEXAS 752305310 HARVEST HILL ROAD SUITE 136 972-788-1010 FAX 972-788-1024PS #MN19041PUBLIC STORAGE EAGAN3665 SIBLEY MEMORIAL HIGHWAYEAGAN, MN 5512211.11.2019 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 MEMORANDUM To: City of Eagan – City Council From: Mike Brandt – Kimley-Horn Date: December 29, 2020 Subject: Eagan Public Storage – Project Narrative Public Storage currently operates a self-storage facility at 3735 Sibley Memorial Highway in Eagan which is adjacent to the proposed redevelopment located at 1900 Shawnee Road. The existing facility is an older, traditional self-storage property which consist mostly drive up, non-climate units. Public Storage is currently proposing to purchase one parcel adjacent to the existing property in order to expand the self-storage operations. The expansion will consist of one new climate controlled two- story buildings containing +/- 81,000 GSF. The buildings will also offer enclosed, climate-controlled loading and unloading for the customers. The property will be staffed with 2-4 employees and security measures will consist of video cameras, fencing, gates and controlled access to enter the site and buildings. Fencing and gate details have been provided within the architectural drawings for more detail. The proposed site requires a variance for the side yard and front yard setbacks. Public Storage proposes cross access between the proposed site and the existing site to the west resulting in the non-compliance with the side yard setback requirement. Additionally, the front yard setback requires a variance, however through discussion with the City additional landscaping was provided along the south property line to provide additional buffering between the proposed Public Storage and the public right-of-way. Agenda Information Memo February 16, 2021 Eagan City Council Meeting PUBLIC HEARING C. Lots 1 & 2, Block 1, Town Centre 100 Second Addition - Public Easement Vacations Final Subdivision and Final Planned Development – Associated Bank & Ryan Cos. Actions To Be Considered: Close the public hearing and approve the vacation of public easements on Lots 1 and 2, Block 1 Town Centre 100 Second Addition, Approve a Final Subdivision (Town Centre 100 Twenty-First Addition) to create two (2) lots upon 3.35 acres located at 1260 and 1270 Yankee Doodle Road, currently legally described as Lots 1 and 2, Block 1, Town Centre 100 Second Addition. Approve a Final Planned Development to allow an approximately 34,500 square foot retail grocery store, and an approximately 2,800 square foot bank with drive -through facility on approximately 3.35 acres on the southeast corner of Yankee Doodle Road and Denmark Avenue, for Lots 1 and 2, Block 1, Town Centre 100 Twenty-First Addition. Required Vote For Approval: ➢ Majority of Councilmembers present Facts – Easement Vacation: ➢ On January 6, 2021, City staff received a petition from Mr. Chad Lockwood, representing Ryan Companies, requesting the vacation of public easements located at 1270 and 1260 Yankee Doodle Road, south of Yankee Doodle Road and east of Denmark Avenue, in central Eagan. ➢ The purpose of the request is to vacate existing public easements to facilitate the Associated Bank redevelopment and re-platting of the properties. ➢ The existing easements were originally dedicated as part of the existing plat, at no cost to the City. The sidewalk and trail easement was recorded by separate document, also at no cost to the City ➢ Drainage and utility easements will be re-established or dedicated along the reconfigured property lines through the recording of the new plat (Town Centre 100 Twenty First Addition). ➢ Additionally, a Dakota County trail easement will be provided along the north property line, and a City of Eagan trail easement will be provided along the south property line . Both easements will be dedicated at no cost to the City. ➢ Notices for a public hearing have been published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. No objections to the vacation have been received or remain unresolved. ➢ This vacation request has been reviewed by the Public Works Department (Engineering Division) and found to be in order for favorable Council action. Facts – Final Subdivision and Final Planned Development: ➢ The Preliminary Planned Development and Preliminary Subdivision were approved on November 17, 2020. ➢ The property is located on the southeast corner of Yankee Doodle Road and Denmark Avenue. ➢ The Final Subdivision creates two lots upon approximately 3.5 acres. ➢ The final development plans and plat have been reviewed by staff and are substantially consistent with the preliminary approvals. ➢ Some of the adjustments for the Final Planned Development addressing the conditions of preliminary approval include: o The canopy on the west and north sides of the building was replaced with a soldier course of brick flush with the building to eliminate projections over the easement area. o Some of the EIFS material was replaced with brick on the west elevation to increase the amount of Class I materials. o Relocating the generator, trash compactor and trash enclosure within the service area, resulting in trash storage being detached from the principal building, and adding a screen wall for the exterior cart storage. o On-site ash trees are to be removed; mitigation is satisfied through a combination of on-site planting and cash dedication. o Easement Agreements for shared ingress/egress, parking, signage, and for the public trail are provided. ➢ Dakota County has reviewed the Final Plat and okayed it for mylars. ➢ All documents and agreements are expected to be in order for execution at the City Council meeting on February 16, 2021. Issues: None Attachments (6) PHC-1 Location Map PHC-2 Graphic PHC-3 Legal Description PHC-4 Power Point PHC-5 Final Plat PHC-6 Contracts and Agreements BLOOMINGTONMENDOTA HE IGHTS APP LE VALLE Y ROSEMOUNT INVERGROVEHEIGHTS§¨¦494 §¨¦35E §¨¦35E §¨¦35E $+32 $+32 !(43 !(43 !(28 !(28 $+26 $+26 $+31 $+31 $+31 !(30 !(30 !(30 ÕÇ13 ÕÇ13 ÕÇ55 ÕÇ55 ÕÇ149 ÕÇ149 ÕÇ149 ÕÇ3 ÕÇ3 ÕÇ77 CLIFF RD DIFFLEY RD YANKEE D OODLE RD H WY 1 4 9 LEXINGTON AVEPILOT KNOB RDHWY 77HWY 13I - 35EHWY 55 PILOT KNOB RDCLIFF RD LONE OAK RD COR PORATE CENTER DR. COR PORATE CENTER CUR. TRAP P RD. EAG. INDUST. RD. EAG. INDUST. RD.WEST SERVICE RD.EAGANDALECT.CENTERCT.EAGANDALEB L V D B L U EGE N TIAN ROAD VIKING S P ARKWAY CO M M ERSDR.WATERS R D.LON E OA KPKWY.LONE OAK D R. COURTHOUSELN.HOLIDAY LN.APOLLO RD. ALDRIN DR.MIKE COLLINS DR.LUNARLN.GE MINI RD.NEIL ARMSTRONG BLVD.LONE OAKCIRAMESCROSSINGR O AD O'NEILL DR OP PERM AN DR.DODD RD.PROMENADEAVE.CLUB VIEW DR.DENMARK AVE.DENMARK AVE.YANKEE PL.O'LE A R Y LNTOWNCENTRED RIV E DUCKWOOD DR.FEDERAL DR.CENTRALP A R K W A Y HIGH S ITE DR. NORWE ST DR. 81ST S T. W A SHNTNDR.FOUROA KS RD.COACHMAN RD.MEAD OW VIEW RD . ALEXANDER RD.TERMINAL DR.YANKEE DR.C O M AN C H E RD. SHAWNEE RD. SEN E CARD.KENNEBEC DR.NICOLS RD. SILV ER BE LL RD.CEDAR GROVE PKW Y.NICOLS RD.ERIN DR.OLD SIB HWY.OLD SIB MEM HWY.RAHN RD.CLIFF L AKERD.SLATER RD.RAHN WAY RAH N CLIFFCT.BLACKHAWK RD.BLACKHAWK RD.GALAXIE AVE.JOHNNY CAKE RIDGE RD.THO M A SLAKERD.THOM.CE N T E R DR .WILD E R NESSRUNRD.DEER W OOD DR. NORTHVIEW PARK RD. WESCOTT RD.DODD RD.E L R E NERD. D OD D R D . RED PINE LN. NORT H W OODPKWY.MN Hwy 7 7 Cliff Road (Co. Rd. 32)Lexington Ave (Co Rd 43)Blackhawk Rd.Dodd Rd.Butwin Road Deerwood Dr. Wilderness Run Rd Duckwood Dr.Rahn RoadGalaxie Ave.Elr e n e Ro a d Northview Park Rd. Yankee Doodle Rd. (Co. Rd. 28) E l r e n e R d .JohnnyCakeRdgRd.Tow n C enter Dr. Tho m a s LakeRd.Slater Rd.Braddock Tr.Federal DrivePilot Knob Road (Co. Rd. 31)CliffLakeRd.Cedar Grove Pkwy.Lone Oak Dr. Silver Bell Rd. Lexington Pt. Pkwy. N orth w oodPa r k w ay Crestridge Dr.Dodd RoadTowerview Rd.Denmark Ave Wescott Road Nicols Rd. Cliff Road (Co. Rd. 32) Lone Oak Rd. (Co. Rd. 26) Vikings P k wy. R edPin e Ln. Diffley Road (Co. Rd. 30) I-494 MN HWY 55 MN HWY 149MN H WY 1 4 9 MN HWY 55 Map of Location for ProposedEasement VacationsLots 1 & 2, Block 1Town Centre 100 2nd Ad dition q Date: 1 /11/2021L:\USERS\PUBWORKS\Engineering\T Strid Location of ProposedEasement Vacations TOWN CENTER DRIVEDENMARK AVENUE DAKOTA COUNTY ROAD NO. 28 (YANKEE DOODLE RD)BLOCK 1LOT 1LOT 2DRAINAGE & UTILITY EASEMENTPER THE PLAT OF TOWN CENTRE100 SECOND ADDITIONDRAINAGE & UTILITY EASEMENTPER THE PLAT OF TOWN CENTRE100 SECOND ADDITIONDRAINAGE & UTILITY EASEMENTPER THE PLATS OF TOWN CENTRE100 FIRST ADDITION & TOWN CENTRE100 SECOND ADDITIONSIDEWALK AND TRAIL EASEMENTPER DOC. NO. 692806SIDEWALK AND TRAIL EASEMENTPER DOC. NO. 692806SIDEWALK AND TRAIL EASEMENTPER DOC. NO. 692806SIDEWALK AND TRAIL EASEMENTPER DOC. NO. 692806SIDEWALK AND TRAIL EASEMENTPER DOC. NO. 692806 ROADWAY AND UTILITY EASEMENT PER DOC. NO. 1420456 ROADWAY AND UTILITY EASEMENT PER DOC. NO. 1420456 ROADWAY AND UTILITY EASEMENT PER DOC. NO. 14204565.0015.005.0015.005.0015.0015.0015.00ROADWAY AND DRAINAGE &UTILITY EASEMENT PER DOC. NO. 1373742& ROADWAY AND UTILITY EASEMENT PERDOC. NO. 1435957DRAINAGE & UTILITY EASEMENTPER THE PLATS OF TOWN CENTRE100 FIRST ADDITION & TOWN CENTRE100 SECOND ADDITIONDRAINAGE & UTILITY EASEMENTPER THE PLATS OF TOWN CENTRE100 FIRST ADDITION & TOWN CENTRE100 SECOND ADDITIONDRAINAGE & UTILITY EASEMENTPER THE PLATS OF TOWN CENTRE100 FIRST ADDITION & TOWN CENTRE100 SECOND ADDITIONN:\0013478.00\DWG\SURVEY\0013478SKF01.DWG 01/05/21EAGAN, MINNESOTAEAGAN ASSOCIATED BANK533 SOUTH THIRD STREET, SUITE 100MINNEAPOLIS, MINNESOTA ,55415Easement Vacation Sketch11OF.NHCBTWRYAN COMPANIES US, INC.DATE:PREPARED FOR:Phone(952) 937-515012701 Whitewater Drive, Suite #300Fax(952) 937-5822Minnetonka, MN 55343Toll Free(888) 937-5150SHEET NUMBER:FIELD WORK DATE:..FIELD CREW:DRAWN:CHECKED:DESIGNED:0'50'100'© 2021 Westwood Professional Services, Inc.Common Ground AllianceCall 48 Hours before digging:811 or call811.comPROJECT NUMBER: 0013478.00- DENOTES DRAINAGE & UTILITY EASEMENT PER THE PLATS OF TOWN CENTRE 100 FIRST ADDITION & TOWN CENTRE 100 SECOND ADDITION- DENOTES SIDEWALK AND TRAIL EASEMENT PER DOC. NO. 692806- DENOTES ROADWAY AND DRAINAGE & UTILITY EASEMENT PER DOC. NO. 1373742 & ROADWAY AND UTILITY EASEMENT PER DOC. NO. 1435957- DENOTES ROADWAY AND UTILITY EASEMENT PER DOC. NO. 1420456 Easements to be Vacated: SIDEWALK AND TRAIL EASEMENT PER DOC. NO. 692806 That portion of the sidewalk and trail easement, dedicated per Document Number 692806, on file with office of the County Recorder, Dakota County, Minnesota lying within Lots 1 & 2, Block 1, Town Centre 100 Second Addition, according to the recorded plat thereof, said Dakota County. DRAINAGE & UTILITY EASEMENT PER THE PLATS OF TOWN CENTRE 100 FIRST ADDITION & TOWN CENTRE 100 SECOND ADDITION All the public drainage and utility easements as dedicated by the plat of Town Centre 100 First Addition, according to the recorded plat thereof, Dakota County, Minnesota, which lie within Lots 1 & 2, Block 1, Town Centre 100 Second Addition, according to the recorded plat thereof, said Dakota County. All the public drainage and utility easements as dedicated by the plat of Town Centre 100 Second Addition, according to the recorded plat thereof, Dakota County, Minnesota, which lie within Lots 1 & 2, Block 1, said Town Centre 100 Second Addition. ROADWAY AND DRAINAGE & UTILITY EASEMENT PER DOC. NO. 1373742 & ROADWAY AND UTILITY EASEMENT PER DOC. NO. 1435957 That portion of the roadway and drainage and utility easement, dedicated as Document Numbers 1373742, on file with office of the County Recorder, Dakota County, Minnesota lying within Lots 1 & 2, Block 1, Town Centre 100 Second Addition, according to the recorded plat thereof, said Dakota County. That portion of the roadway and drainage and utility easement, dedicated as Document Numbers 1435957, on file with office of the County Recorder, Dakota County, Minnesota lying within Lots 1 & 2, Block 1, Town Centre 100 Second Addition, according to the recorded plat thereof, said Dakota County. ROADWAY AND UTILITY EASEMENT PER DOC. NO. 1420456 That portion of the roadway and utility easement, dedicated as Document Number 1420456, on file with office of the County Recorder, Dakota County, Minnesota lying within Lots 1 & 2, Block 1, Town Centre 100 Second Addition, according to the recorded plat thereof, said Dakota County. Lots 1 & 2, Block 1 Town Centre 100 Second Addition Easement Vacations Petition received from Mr. Chad Lockwood, Ryan Companies, requesting the vacation of public easements located at 1270 & 1260 Yankee Doodle Road. ✓Purpose: vacate existing public easements to facilitate the Associated Bank redevelopment and re-platting of the properties as Town Centre 100 Twenty First Addition. ✓Existing easements were originally dedicated as part of the existing plat, at no cost to the City. ✓No objections to the vacation remain unresolved. Lots 1 & 2, Block 1 Town Centre 100 Second Addition Legal Description G R A P H I C Final Plat Town Centre 100 Twenty First Addition nrVIrlAl PI AT TOWN CENTRE 100 TWENTY FIRST ADDITION diRE OhAVE r/ I VICINITY MAP (NOTTOSCALE) CODNIYROAD N0.2H - - 7 x FT I ,[SITE 1 "Io LZ- _ SEC.7lON 15, TOWNSHIP 27, RANGE 23 x 1 INCH = 30 FEET v 30' 60' 90' SCALE IN FEET —e— DENOTFSRESTIKTEDAO=TODAKOTACOUNry PER IHE DAKOTACOUNry CONTIGUOUS PIATORD,NANCE O SETT/2'2YWlRONAPEWIIHCAPNO.4S873 • FOUND MONUMEMAS NOTED ON SURVEY 96WIN6SAREHASEDUPONTHENORTHUNEOFTHFNWI/4,SEG 15,T. 27, R 23, WHICH HAS A B6LRING OF SOUTH 49 DEGREES db MINUTES. AN0495ECONDS WEST. Westmod Pfvft�l Smkm Im L)rI IA/ ��I AT AI/1 7v—�� i IVII vL-1 I 11l/Vv I LJ -1 1 I vV. I 00-4 '1 � ROAO i.�0 23 I�'".:(.EE DOODLE Ru! 9.(-tuOOv,4r un ln ii AVIDTHYARIES) CHB=S88'41'18"W ,---DAKOTA COUNTY ROAD NO. 28 `=2'0'•'7 (YANKEE DOODLE RD) A=2'08'53" R=11409.76 L=427.74 Ne 37.97 N89'46 41"E 37.97 15.98'♦`` -_ • �PKN41G V c - NssdserF 4u.65 A e A e e o a e e-- o A ♦ e DA9B o ' ♦ -- :�- 1- ----__- -- BH Tj NM'46'S6'E - - - - - - - -----------------------------------Ir ID ET. TRAIL DRNNA EAfWM PR DOC I GE B: UHlfIY I I S NO. I I II ,>-10 FT. 5 I FASFMFNT I I TRA1 RAINRGE&UTILHY IS PER DOC N0. 1 I I I I I I I I LL.L'30 I I I I I 1 I I I I 3la 1 ' 2 I W I I �$ I I I I BLOCK $ I �-�:-DAAINAGE&UDLIlYEASEMENT-��-. I I it T 4 M N89'IH93'E 12A7R L -V I nT 1. I V I A I ^1--\ITI/l Al AVVI 1 !v1 v I_ I --919/91 /. nIT�1I U0 �'�_ "L_Iv11�L_ I I I ( 549'28'43'W ,60H � I vvvly I I 11 N� ORAINAGE8:1?IN,'FASEM£NT ter_ 3 ,,I `♦, `` - I �'-OR4INAGE&URUIYFAS£M£M-�'= 1 0- ♦ SH9.4C42'W 134.0 ♦ i i o 1 I Z 1 1 J � PK Nat �_ TOWN CENTRE DRIVE 17142 30253 - S69'46'42"W 473.93 diRE OhAVE r/ I VICINITY MAP (NOTTOSCALE) CODNIYROAD N0.2H - - 7 x FT I ,[SITE 1 "Io LZ- _ SEC.7lON 15, TOWNSHIP 27, RANGE 23 x 1 INCH = 30 FEET v 30' 60' 90' SCALE IN FEET —e— DENOTFSRESTIKTEDAO=TODAKOTACOUNry PER IHE DAKOTACOUNry CONTIGUOUS PIATORD,NANCE O SETT/2'2YWlRONAPEWIIHCAPNO.4S873 • FOUND MONUMEMAS NOTED ON SURVEY 96WIN6SAREHASEDUPONTHENORTHUNEOFTHFNWI/4,SEG 15,T. 27, R 23, WHICH HAS A B6LRING OF SOUTH 49 DEGREES db MINUTES. AN0495ECONDS WEST. Westmod Pfvft�l Smkm Im ________________________________________________________ _______________________________________________________________ DEVELOPMENT CONTRACT BY AND BETWEEN THE CITY OF EAGAN AND RYAN COMPANIES US, INC. AND 1260 YANKEE DOODLE ROAD, LLC FOR THE DEVELOPMENT OF TOWN CENTRE 100 TWENTY-FIRST ADDITION _______________________________________________________________ ____________________________________________________ THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER, P.A. 14985 Glazier Ave. #525 Apple Valley, Minnesota 55124 (952) 432-3136 (RBB: 206-43454) 1 THIS AGREEMENT, made and entered into the _____ day of ____________, 2021, by and between the City of Eagan, a Minnesota municipal corporation, ("City"); Ryan Companies US, Inc., a Minnesota corporation (“Ryan”); and 1260 Yankee Doodle Road, LLC, a Wisconsin limited liability company (the “Bank”). Ryan and the Bank are hereinafter collectively referred to as “Developer/Owner”). WHEREAS, the Developer/Owner has applied to the City for approval of the plat or subdivision known as Town Centre 100 Twenty-First Addition located within the City; and WHEREAS, the City approved the plat on condition that the Developer/Owner enter into this contract and furnish the security required by it; NOW, THEREFORE, the City and Developer/Owner agree as follows: SECTION I DEFINITIONS 1.1 Definitions. In this instrument the following terms, when used with initial capital letters, have the following respective meanings unless the context hereof clearly requires otherwise: Architect - RSM Architects Ltd., registered professional architects licensed to practice in the State of Minnesota. City - The City of Eagan, a Minnesota municipal corporation. City Code - The codification of the ordinances of the City of Eagan. Contract - This Agreement and the terms and conditions contained herein. Contract Management Account - Account with the City of Eagan established by the Developer/Owner as part of the Development Deposit Agreement to cover inspection and other administrative costs to the City in connection with the 2 improvements to or for the Subdivision to be installed or constructed by Developer/Owner. Developer/Owner- Ryan Companies US, Inc., a Minnesota corporation and 1260 Yankee Doodle Road, LLC, a Wisconsin limited liability company. Development - The subdivision of the Property and the installation and construction of all Improvements required in order to make the Property suitable for the Developer/Owner's intended use, as approved by the City. Development Manager - Patrick Daly whose address is 533 S. Third Street, Suite 100, Minneapolis, Minnesota 55415, and who is hereby authorized by the Developer/Owner to address any and all concerns of the City in regard to the Development and is also designated by the Developer/Owner to receive any and all notices, official or otherwise, from the City as required by this Contract. Engineer - Chad H. Lockwood, MN Registration No. 44986, a registered professional engineer licensed to practice in the State of Minnesota. Financial Guaranty - Cash collateral and/or letter of credit as approved by the City of Eagan to guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of Special Assessments, construction of all improvements and payment of the cost of all improvements. Improvements - Improvements required to make the Property suitable for the Developer/Owner's intended purposes, to be done according to the required plans submitted to the City, such improvements to include, but not limited to: grading and drainage; sanitary sewer system; water system; storm sewer; storm water retention ponds; streets; concrete curb and gutter; street signs; street lights; utilities and all related appurtenances; wetland delineation; landscaping; tree preservation; tree loss mitigation; surveying; staking; setting of lot and block monuments, and parkland boundaries, mailbox supports and trails and sidewalks, if applicable. 3 Insurance - Public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer/Owner's work or the work of Developer/Owner's subcontractors or by one directly or indirectly employed by any of them. Landscape Architects - David H. Patten, MN Registration No. 41458, a registered professional landscape architect licensed to practice in Minnesota. Plat - The subdivision of the Property into lots and blocks, easements, streets and public right-of-ways as shown on the attached Exhibit "A" and subject to the conditions attached hereto as Exhibit “B”. Permit to Proceed - A written letter issued by the City setting forth that all conditions precedent to Development have been satisfied and that the Developer/Owner may proceed with construction of the Improvements. Property - Land located in the City of Eagan, County of Dakota, State of Minnesota, which is subject to being subdivided by the Developer/Owner into the Plat shown on Exhibit "A" attached hereto. Public Improvements - Any type of improvement as defined by Minnesota Statutes §429.011 et al., which will be maintained and owned by the City. Special Assessments - All costs for improvements installed by the City of Eagan under the Public Improvement Project which are to be or have been levied against the Property. Standards - Requisite guidelines adopted by the City of Eagan as amended from time to time, including but not limited to the Master Sanitary Sewer and Water Plans; Storm Sewer Plans; Transportation Plans; Soil Erosion Control Plans; Landscaping Plans; and Engineering Standards' et al; Water Quality Management Plans, on file with the City of Eagan at City Hall. Subdivision - The separation of property into lots and blocks as approved by the City Council, upon the compliance with (i) all conditions and requirements of applicable 4 regulations and (ii) conditions and requirements upon all which preliminary approval is expressly conditioned. Surveyor - Nathan H. Carlson, MN License No. 45873, a registered land surveyor licensed to practice in the State of Minnesota. SECTION II PLAT APPROVAL 2.1 Commencement of Improvements. Within the Plat or Property to be platted, the Developer/Owner may not commence Improvements, other than any grading permitted under Section 4.3 of the City Code, until all the following conditions have been satisfied: A) The necessary Financial Guaranty has been received and accepted by the City. B) The City has received evidence that the Plat has been filed with Dakota County. C) The City has issued a Permit to Proceed. 2.2 Insurance. The Developer/Owner shall take out or cause to be taken out and maintain, until six (6) months after the City has accepted the Public Improvements, a policy of Insurance with limits for bodily injury and death of not less than $500,000.00 per person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $500,000.00 for each occurrence; or a combination single limit policy of $1,000,000.00 or more. The Developer/Owner shall file with the City a certificate evidencing coverage and naming the City and its officers and agents as additional insureds, prior to the City signing the Plat. The certificate shall provide that the City must be given thirty (30) days advance written notice of the cancellation of the insurance. 2.3 Intentionally deleted. 2.4 Effect of Subdivision Approval. For two years from the date of this Contract, no amendments to the City's Comprehensive Guide Plan or Official Controls shall apply to or affect the 5 use, development density, lot size, lot layout or dedications of the Plat, unless required by state or federal law or agreed to in writing by the City and Developer/Owner. Thereafter, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. SECTION III DEVELOPMENT PLAN 3.1 Required Plans. The Plat shall be developed in accordance with the following designated plans, which plans form a part of this Contract; however, the plans are not attached to this Contract. The following plans must have been prepared by Developer/Owner's Engineer, Architect, Landscape Architects, and/or Surveyor with duly noted certification thereon, and shall have been submitted and approved by the City. If the plans vary from the written terms of this Contract, the written terms shall control. The plans submitted for this Plat are: Plan I - Plat, prepared by: Nathan H. Carlson, MN License No. 45873. Plan II - Removals Plan dated February 4, 2021, prepared by: Chad Lockwood, MN License No. 44986. Plan III - Erosion Control Plan dated February 4, 2021, prepared by: Chad Lockwood, MN License No. 44986. Plan IV - Grading Plan dated February 4, 2021, prepared by: Chad Lockwood, MN License No. 44986. Plan V - Landscaping Plan dated February 4, 2021, prepared by: David W. Patten, MN Registration No. 41458. Plan VI - Utility Plan dated February 4, 2021, prepared by: Chad Lockwood, MN License No. 44986. 6 Plan VII - Tree Preservation Plan dated February 4, 2021, prepared by David H. Patten, MN Registration No. 41458. 3.2 Plan Requirements. All the plans referred to herein as prepared by the Engineer, Architect, Landscape Architect and/or Surveyor must be in conformance with the Standards adopted by the City. Submission of the required plans by the Developer/Owner shall act as a representation by the Developer/Owner that the plans are designed properly and that the Improvements will properly function as designed. 3.3 Permits. It is the responsibility of the Developer/Owner to determine and obtain prior to the issuance of the Permit to Proceed all the necessary approvals, permits, and licenses from the City of Eagan; Minnesota Department of Transportation; County Highway Department; Board of Soil and Water Resources; railroads; utility companies; Minnesota Department of Natural Resources; Army Corp of Engineers; Minnesota Pollution Control Agency; Metropolitan Council; Minnesota Department of Health and any other regulatory or jurisdictional agency affected by or having jurisdiction over the Improvements required for this development. Any design requirements of such agencies shall be determined prior to completion and incorporated into the plans and specifications. All costs incurred to obtain said approvals, permits, and licenses and also all fines or penalties levied by any agency due to the failure of the Developer/Owner to obtain or comply with the conditions of such approvals, permits, and licenses shall be the sole responsibility of the Developer/Owner. The Developer/Owner agrees to defend and hold the City harmless from any action initiated by a regulatory agency resulting from any failure of the Developer/Owner. The Developer/Owner is required to obtain a General Storm Water Permit for Construction Activity from the Minnesota Pollution Control Agency (MPCA). This permit shall remain in full force and effect during the course of development and until the Developer/Owner files a Notice of 7 Termination of the permit with the MPCA. The Notice of Termination shall not be filed until all grading and temporary/ permanent erosion control measures required by the MPCA and the City, and set forth in the Grading & Erosion Control Plan. SECTION IV PERFORMANCE OF IMPROVEMENTS 4.1 General. All Improvements to the Property by or on behalf of the Developer/Owner shall be done in conformance with this Contract; state statutes and regulations; and the City Code and Standards promulgated thereunder. It is understood and agreed that the failure of the City to promptly take action to enforce this Contract, State Statutes, the City Code and/or Standards will not act as a waiver or release of any rights of the City. 4.2 Completion Dates. Improvements required shall be completed no later than the following dates: Item: Date: a) Site Grading July 31, 2021 b) Restoration and Soil Stabilization Aug. 14, 2021 c) Right-of-Way Site Survey Pins Aug. 31, 2021 d) Subdivision Lot(s) Corner Pins Aug. 31, 2021 f) Utilities (sanitary, water, storm sewer) Oct. 31, 2021 g) Infiltration Basins Prior to issuance of C.O. h) Soil Loosening and amendments Prior to issuance of C.O. i) Parking lot curb & gutter and paving and trail constr. Prior to issuance of C.O. j) Landscaping & tree mitigation Prior to issuance of C.O. Should the Developer/Owner fail to finish each designated item by the designated date, the Developer/Owner shall pay and reimburse the City for all additional costs incurred by the City as a result of such failure. Any extension to the above noted completion dates must be approved by City Council Resolution and shall be conditioned upon updating the Financial Guaranty posted by the Developer/Owner to reflect any additional costs. 8 4.3 Preconstruction of Improvements Meeting. Upon the securing of all Permits required in Paragraph 3.3 and the payment of all escrows and money deposits required by the City, the Developer/Owner shall coordinate a preconstruction meeting with the City Staff at a mutually agreeable time at City Hall to include the Development Manager, to review the program for construction of the Improvements and to assure that all required Standards have been satisfied. 4.4 Erosion Control & Stormwater Management. Before the site is disturbed, and any utility construction is commenced or building permits are issued, the Erosion Control Plan (Plan II), shall be implemented by the Developer/Owner and inspected by the City. The City or its designated agent may, in their reasonable discretion, impose additional reasonable erosion control requirements for maintenance purposes as identified to the extent required by the Standards. All areas disturbed by grading, excavation and backfilling operations shall be restored in accordance with the Restoration Plan (Plan II) within fourteen (14) days after the completion of the work in that area, but no later than the date set forth in Paragraph 4.2. The parties recognize that time is of the essence in controlling erosion. If the Developer/Owner does not comply with the Erosion Control Plan or the supplementary instructions imposed by the City or its designated agent, in conformance with its Standards, the City may take such action as it deems appropriate to control erosion. Except in cases of emergency, the City will notify the Developer/Owner three (3) days in advance of any proposed action, but failure of the City to do so will not affect the City’s rights or Developer/Owner’s obligations hereunder. The Developer/Owner shall reimburse the City for all related costs the City incurred for such work within ten (10) days of notice by the City of the actual costs paid by the City. The City may draw on the Financial Guaranty to pay all related costs. No Development and related activity shall be allowed, and no building permits will be issued until the Property is in full compliance with the erosion control requirements. 9 Within thirty (30) days after completion of the grading and before the City releases the security, the Developer/Owner shall provide the City with an “as constructed” Grading Plan certified by a registered land surveyor or engineer that all stormwater management facilities (for runoff rate control and water quality treatment), swales, and ditches have been constructed on public easements or land owned by the City. The “as constructed” plan shall include field verified elevations of the following: a) Cross sections of stormwater management facilities, b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches and installed “conservation area” posts, and c) lot corner elevations and house pads. The City will withhold issuance of building permits until the approved certified Grading Plan is on file with the City and all erosion control measures are in place as reasonably determined by the City Engineer. City approval of the Grading Permit shall not be unreasonably withheld. 4.5 Subdivision Lot Corners. Within one (1) year from the date of this Contract, the Developer/Owner shall verify by written notice to the City that all Subdivision lot corner pins have been installed. 4.6 Performance. The Developer/Owner shall instruct its Engineer to provide adequate field personnel to assure an acceptable level of quality control. The Engineer must be able to certify to the City that the installed Improvements meet the City Standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer/Owner's expense, have one or more City inspectors and/or civil engineers inspect the work on a full or part time basis. The Developer/Owner, its managers, engineers, contractors and sub-contractors shall follow all instructions received from the City or its designated agents. 10 4.7 License. The Developer/Owner hereby grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and inspections required or permitted to be performed by the City under this Contract in conjunction with the Development. 4.8 Occupancy. No occupancy of any building in said plat shall occur until water and sanitary sewer and storm sewer/drainage/management facilities and public access with a minimum of gravel base and curb and gutter have been installed, inspected and deemed available for use by the City. The Developer/Owner shall be responsible to maintain reasonable access to any occupied building, including street maintenance such as grading, graveling, patching and snow removal and ice control prior to City acceptance of ownership pursuant to Paragraph 5.3. SECTION V INSPECTIONS AND COMPLETION 5.1 Inspection. The City or its designated agent shall periodically inspect the Improvements installed by the Developer/Owner, its contractors, sub-contractors or agents. Any inspections made pursuant hereto shall be done for the sole benefit of the City; however, such reports shall be delivered to the Development Manager within a reasonable time following inspection. The Developer/Owner hereby waives any right to rely on or to be assured of any approval by reason of any inspection. The Developer/Owner, its contractors, and sub-contractors shall follow all reasonable instructions received from the City or its designated agents covered, to allow the City an opportunity to inspect the Improvement work. The Developer/Owner shall notify the City Public Works Department at least two (2) full working days prior to the commencement of the site grading operation, laying of utility lines, sub-grade preparation, infiltration chamber over- excavation, the laying of gravel base or bituminous surfacing for street construction or any other Improvement work which shall be substantially buried or covered, which notice may be by email. Should the Developer/Owner fail to timely notify the City to allow the City to inspect the work, the 11 City may at the City's option, require the Developer/Owner to uncover and/or replace or reconstruct any of the before-mentioned work in such a manner so as to provide the City with an opportunity for inspection. 5.2 Completion. Within thirty (30) days after completion of the Improvements, the Developer/Owner shall supply the City with a complete set of reproducible As-Built plans in accordance with City Standards. Likewise, the Developer/Owner shall give written notice within thirty (30) days of the completion of Improvements, that the Improvements have been completed in substantial accordance with the City Code, Standards and the plan and specifications on file with the City. The City shall then inspect the Improvements and notify the Developer/Owner of any Improvements that do not conform to the City Code, Standards and/or the submitted plans and specifications. If Developer/Owner's Improvements do not conform to the City Code, Standards and submitted plans and specifications or are later discovered to not conform, the City shall immediately notify the Development Manager of the need for repair or replacement. The City may, in cases of emergencies, proceed to cure the default by Developer/Owner, the Developer/Owner hereby waiving any and all rights to notice of default. Any cost incurred by the City to cure the default shall be the financial obligation of the Developer/Owner, and shall be paid to the City within thirty (30) days of receipt of a bill for such costs. 5.3 Ownership and Acceptance of Public Improvements. After satisfactory completion of the Improvements and verification by the City personnel that the work and construction required by this Contract complies with all codes, Standards and approved plans, and upon acceptance by the City Council, the Public Improvements lying within public easements and right-of-ways shall become City property. 12 5.4 Clean-up. The Developer/Owner shall clean dirt and debris from streets, storm water conveyance systems, (including sumps), stormwater management facilities (for runoff rate control and water quality treatment), wetlands and adjoining property that resulted from construction work by the Developer/Owner, its agents or assigns. SECTION VI FINANCIAL GUARANTY 6.1 The Amount. The final Subdivision shall not be approved and no work shall be commenced under this Contract until the Developer/Owner has deposited with the City a Financial Guaranty in the total amount of One Hundred Two Thousand Ninety and No/100 Dollars ($102,090.00) securing the full performance of this Development Contract. The Developer/Owner shall furnish the City with the Financial Guaranty from a bank or lending institution reasonably acceptable to the City. The amount of the Financial Guaranty was calculated as follows: A - IMPROVEMENTS Item Amount Lot Corners $ 300 Mail Box Support Structures $ Erosion Control / Restoration $ 12,000 R/W Grading $ Infiltration Basins $ 35,000 Landscaping $ 28,513 Tree Mitigation $ 4,812 Tree Preservation $ 3,525 B - PUBLIC IMPROVEMENTS Item Amount Curb & Entrance Repairs $ 6,000 Storm Sewer Disconnect / Abandonment $ 1,800 Trail Repairs $ 6,000 Legal, Financial and Engineering $ 4,140 TOTAL A + B Improvements $102,090 13 This breakdown is for historical reference only. It is not a restriction on the use of the Financial Guaranty. The bank or financial institution and the form of the Financial Guaranty shall be subject to the approval of the City Finance Director and City Attorney, which approval shall not be unreasonably withheld. The bank or financial institution must have a business office for presentment of the Financial Guaranty within the Minnesota seven county Metropolitan Area. The City may draw down the Financial Guaranty to pay for all costs and expenses incurred by the City to enforce this Contract including the costs incurred by the City in connection with the collection of the Financial Guaranty. Such costs to include any remediation or completion of Improvements. If the Financial Guaranty is drawn down, the proceeds shall be used to cure the default and, to the extent possible, reimburse the City its costs and expenses associated with such cure. 6.2 Terms. The Financial Guaranty may be for a stated term provided it is automatically renewable. The City may draw on the Financial Guaranty, without notice, after an Event of Default has occurred under this Contract, which has not been remedied within any applicable cure period or upon receiving notice that the Financial Security will be allowed to lapse. If the required Improvements are not completed at least thirty (30) days prior to the expiration of the Financial Security, the City may also draw down the Financial Security. 6.3 Claims. In the event that the City receives claims from subcontractors or materialmen that work required by this Contract has been performed and money due them have not been paid, and the subcontractor or materialmen are seeking payment out of the Financial Guaranty posted with the City, the Developer/Owner hereby authorizes the City, at the City's discretion, to commence an Interpleader action pursuant to Rule 22 of the Minnesota Rules of Civil Procedure for the District courts at the Developer/Owner 's expense, to include court costs and attorney fees. The Developer/Owner further authorizes the City to draw upon the Financial Guaranty in the amount of 14 one hundred twenty-five percent (125%) of the claim together with attorneys' fees and court costs, and to deposit the funds in compliance with the Rule. Upon such deposit, the Developer/Owner shall release, discharge and dismiss the City from any further proceedings as it pertains to the funds deposited with the District Court, except that the Court shall retain jurisdiction to determine the amount of attorneys' fees, costs and expenses owed to the City pursuant to this Contract. 6.4 Contract Management Account. The payment of all sums due hereunder is in addition to the sum of Two Thousand Seven Hundred Sixty and No/100 ($2,760.00) paid or to be paid by Developer/Owner as a contract management fee as identified in the Escrow Deposit Agreement signed by Developer/Owner. SECTION VII PARK AND TRAIL DEDICATION 7.1 Park Dedications. Park dedication was previously satisfied for this development. 7.2 Trail Dedication. The Developer/Owner shall pay a trail dedication fee of Four Thousand One Hundred Twenty-nine and No/100 Dollars ($4,129.00) in satisfaction of the City Park Trail Dedication requirement as provided by the City Code. The charge was calculated as follows: 2.96 acres at One Thousand Three Hundred Ninety-Five and No/100 Dollars ($1,395) per acre. 7.3 Water Quality. Pursuant to the City's Water Quality Management Plan, the Developer/Owner shall meet the City’s Post Construction Stormwater Management Requirements (City Code 4.34) for stormwater management including effective retention for 1.1” volume control on the site’s new and fully-reconstructed impervious surfaces, effective pre-treatment for stormwater management facilities, soil loosening and amendment prior to final stabilization of all 15 soils that are proposed to be revegetated, and runoff rate control, in accordance with the Requirements. 7.4 Tree Preservation and Mitigation. Pursuant to the City’s Tree Preservation Ordinance (City Code Section 11.70, Subd. 13) the Developer shall provide tree mitigation as provided by the City Code. The required mitigation shall be fulfilled through an equivalent cash dedication in the amount of Four Thousand and No/100 Dollars ($4,000.00). The amount is calculated as follows: 10 Category B trees at Four Hundred and No/100 Dollars ($400.00) per tree. 7.5 Use of Park Property. The Developer/Owner is prohibited from storing heavy construction equipment upon dedicated park land or trailways. Furthermore, the Developer/Owner shall notify the Parks and Recreation Department within seventy-two (72) hours of the completion of the establishment of all property line monumentations adjacent to dedicated or existing park land to allow the City the opportunity to identify the park boundary lines. Failure to notify the City within this time period or to perform this lot corner monumentation prior to building permit issuance for lots adjacent to the park land will obligate the Developer/Owner to pay for any surveying costs incurred by the City to establish these boundaries. SECTION VIII WARRANTY 8.1 Design, Material and Workmanship. Unless a longer warranty period is provided by Minnesota law, the Developer/Owner warrants all Improvements required to be performed by Developer/Owner, its agents and employees, against poor design, engineering, materials and faulty workmanship for a period of two (2) years after acceptance by the City (pursuant to Paragraph 5.3 hereof). Developer//Owner shall provide a warranty bond(s), in an amount equal to fifty (50%) percent of the Public Improvements as identified in Paragraph 6.1, for a two (2) year period 16 commencing upon the City's acceptance of the Public Improvements. The Developer/Owner shall be solely responsible for the cost and expense to perform all required repair work to City Standards within thirty (30) days of written notification by the City. SECTION IX RESPONSIBILITY FOR COSTS 9.1 Development of Subdivision. Developer//Owner shall pay all costs incurred by Developer/Owner, its agents and contractors, or the City in conjunction with the Development, including but not limited to: legal; planning; engineering and inspection expenses; permits; the cost of persons doing work or furnishing skills, tools, machinery or materials; costs of easements, if applicable; the cost of surveys and compliance tests, including environmental assessments and/or environmental impact statements, indirect source permit and traffic studies, if required; and inspecting and correcting deficiencies within the development of the Plat. 9.2 Hold Harmless. The Developer/Owner shall hold the City and the City's officers, employees, and agents harmless from claims made by Developer/Owner and third parties for damages sustained or costs incurred resulting from Plat approval, the Development and/or the breach of this Contract. The Developer/Owner shall indemnify the City and the City's officers, employees, and agents against all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. 9.3 Reimbursement. The Developer/Owner shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees, court costs, expert witness fees and administrative expenses. Moreover, the Developer/Owner shall pay in full all bills submitted to it by the City, for obligations incurred under this Contract, within thirty (30) days of receipt. If the bills are not paid on time, the City may halt construction of the Improvements until 17 the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight (8%) percent per year. 9.4 Payment of Special Assessments. The Developer/Owner shall pay or cause to be paid when due and in any event, before any penalty is attached, all Special Assessments referred to in this Contract. 9.5 Additional Charges. In addition to the charges and Special Assessments referred to herein, other charges may be imposed such as but not limited to, sewer availability charges, City water connection charges, water availability charges, City sewer connection charges and building permit fees. 9.6 Waiver. On behalf of itself and all the successors and assigns having an interest in the Property, the Developer/Owner waives all rights it may have now or in the future to repayment or reimbursement of any fees or charges paid to the City, which is identified in this Contract. SECTION X EVENT OF DEFAULT 10.1 Occurrence. Each of the following occurrences shall constitute an event of default under this Contract. a) Developer/Owner shall fail to perform any of the terms or conditions to be kept or performed by Developer/Owner under this Contract. b) Developer/Owner shall fail to perform any of the terms or conditions to be kept or performed by Developer/Owner under the City Code and/or City Standards. c) Developer/Owner shall fail to perform any of the terms or conditions to be kept or performed by Developer/Owner under any license, permit or approval required by any regulatory or jurisdictional agency affecting the Plat. 18 d) Developer/Owner shall fail to perform any required curative or remedial action pursuant to a notification of the need for such action by the City of any other regulatory or jurisdictional agency affected by or having jurisdiction over the Plat, within thirty (30) days of such notification, unless otherwise provided for in this Contract. e) Failure by the Developer/Owner to pay when due any and all costs associated with the Development, including but not limited to any fees and costs incurred by the City, engineering, administrative and legal expenses. f) Failure of the Developer/Owner to maintain the required Financial Guaranty or other required security with the City. SECTION XI REMEDIES 11.1 Performance by the City. In the event of a default by the Developer/Owner, the City may, at the City's option, perform the work in default and the Developer/Owner shall promptly reimburse the City for any expense incurred by the City. Except in emergency situations, the City shall endeavor to give the Developer/Owner notice of default forty-eight (48) hours prior to the City performing curative work. 11.2 Assessment. When the City does any work as a result of the Developer'/Owner s default or upon failure of the Developer/Owner to make payment upon billing when due, the City may proceed to assess the costs in whole or in part against the Property, or may proceed to collect on the Financial Guaranty. It is expressly agreed and understood herein, that this Developer/Owner waives any notice of hearing and any rights to objection to the assessments so levied by the City for any curative work performed by the City in compliance with the terms of this Contract. 11.3 Revocation of Permit to Proceed. In the event of a default, the City may issue a stop work order to Developer/Owner, its agents, contractors, or sub-contractors to cease all or any work 19 being performed on the Property. Such stop work order may include the ceasing of the construction of any Improvements on the Property. 11.4 Emergency. In the event of an emergency, the forty-eight (48) hour notice provision shall be and hereby is waived in its entirety by the Developer/Owner and the Developer/Owner shall reimburse the City within thirty (30) days after being billed for any expenses so incurred by the City in the same manner as if mailed notice as described hereinbefore had been given; provided, the City shall provide Developer/Owner such notice as is practicable under the emergency circumstances. 11.5 Cumulative Rights and Non-Waiver. The rights and remedies available to the City shall be cumulative and the enforcement by the City of one right shall not act as waiver of any other right available to the City. 11.6 Denial of Building Permits. An event of default shall be grounds for denial or revocation of building permits. SECTION XII RELEASE OF FINANCIAL SECURITY 12.1 General. Periodically upon Developer/Owner's written request and upon completion and verification of satisfactory compliance or final approval by the City (per Paragraph 5.3 of this Agreement) of any installed Improvements, or the payment of special assessments levied in connection with the Public Improvement Project, a like percentage of that portion of the Financial Guaranty covering those specific Improvements or Public Improvement Project may be released; except however the final twenty percent (20%) of the Financial Guaranty shall be held until a final acceptance (by the City) of all required Development Contract Requirements. Upon the issuance of a certificate of occupancy for a building, the Developer/Owner upon written request may obtain a release of the Financial Guaranty which is equal to the assessments (levied or pending) which are charged against the lot, as a result of the Public Improvement Project. At the time of final Inspection 20 of all Improvements, if it is reasonably determined by the City that the submitted plans and specifications were not substantially adhered to or that work was done without City inspection, the City may require that the Developer/Owner post a cash escrow equal to one hundred twenty-five percent (125%) of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. Such additional cash escrow shall remain in force for such time as the City deems necessary, not to exceed five (5) years. SECTION XIII RELEASE OF DEVELOPER LIABILITY 13.1 Release. Upon submittal by Developer of the required As-Built Plans for each Plan identified in Paragraph 3.1, and upon satisfactory determination of completion of the Improvements pursuant to Paragraph 5.2 and payment of all costs owed to the City, the Developer/Owner may apply in writing for a release of its obligations under this Contract, save and except for those imposed pursuant to Paragraphs 8.1, 9.2 and 9.4. The City Council, after review by the City personnel, may authorize the release of the Developer from its obligations under this Contract by appropriate resolution, which shall be delivered to Developer in recordable form, and which may be recorded by Developer at Developer’s expense. SECTION XIV MISCELLANEOUS 14.1 Compliance. The Developer/Owner represents to the City that the Plat complies with all City, county, metropolitan, state and federal laws and regulations including, but not limited to: Subdivision ordinances; zoning ordinances; and environmental regulations. If the City determines that the Plat does not comply, the City may at its option refuse to allow construction or development work on the Property until the Developer/Owner does comply. Upon the City's demand, the Developer/Owner shall cease work until there is compliance. 21 14.2 Authorization. By the execution hereof, the Developer/Owner represents and warrants that it has all the authorization and power necessary to make this Contract binding upon itself, its heirs, successors and assigns. 14.3 Third Parties. Third parties shall have no recourse against the City under this Contract. 14.4 Invalidity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. 14.5 Run with the Land. This Contract shall run with the land and may be recorded against the title to the Property. By the execution of this Agreement, the Developer/Owner for itself, its successors and assigns, acknowledges that the Property shall be affected by the terms and conditions contained herein until Developer/Owner’s obligations have been fully performed and all warranty periods have expired in accordance with their terms. 14.6 Non-assignability. The Developer/Owner may not assign this Contract without the written permission of the City Council, which shall not be unreasonably withheld. Nothing herein shall be deemed to require City consent to assignment after a release is delivered in accordance with Section 13.1. SECTION XV NOTICES 15.1 General. All notices, consents, demands and requests which may be or are required to be given by either party of the other, shall be in writing and sent by United States registered mail or hand delivered. The addresses of each party may be changed at any time or from time to time by notice given by said party to the other party. 22 15.2 If to City, mail to the City of Eagan, 3830 Pilot Knob Road, P.O. Box 21199, Eagan, Minnesota 55121, Attention: City Administrator. 15.3 If to Developer/Owner, mail to the Development Manager. IN WITNESS WHEREOF, we have hereunto set our hands and seals. [Signature pages to follow.] 23 DEVELOPMENT CONTRACT Town Centre 100 Twenty-First Addition (Signature page of City) City of Eagan, a Minnesota Municipal Corporation BY: ______________________________ Mike Maguire Its: Mayor BY: ______________________________ Christina M. Scipioni Its: Clerk DEVBELOPMENT CONTRACT DEVELOPMENT CONTRACT APPROVED AS TO FORM: APPROVED AS TO CONTENT: ________________________________ _________________________________ City Attorney City Planner STATE OF MINNESOTA) )ss COUNTY OF DAKOTA ) On this _____ day of ________________ , 2021 before me a Notary Public within and for said County personally appeared Mike Maguire and Christina M. Scipioni to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed in behalf of said municipality by authority of its City Council and said Mayor and Deputy Clerk acknowledged said instrument to be the free act and deed of said municipality. ___________________________ Notary Public 24 DEVELOPMENT CONTRACT Town Centre 100 Twenty-First Addition (Signature page of Developer/Owner - Ryan) Ryan Companies US, Inc., a Minnesota corporation By: _______________________________ Its: ____________________________ STATE OF _______________) ) ss COUNTY OF _____________) The foregoing instrument was acknowledged before me this __________ day of __________________, 2021, by __________________________________, the ___________________ of Ryan Companies US, Inc., a Minnesota corporation, on behalf of the corporation. ___________________________________ Notary Public 25 DEVELOPMENT CONTRACT Town Centre 100 Twenty-First Addition (Signature page of Developer/Owner – The Bank) 1260 Yankee Doodle Road, LLC, a Wisconsin limited liability company By: _______________________________ Its: ____________________________ STATE OF _______________) ) ss COUNTY OF _____________) The foregoing instrument was acknowledged before me this __________ day of __________________, 2021, by ____________________________________________, the ___________________ of 1260 Yankee Doodle Road, LLC, a Wisconsin limited liability company, on behalf of the limited liability company. ___________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-43454) 26 Exhibit B (Conditions) Standard Conditions 1. The Developer/Owner shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff’s report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, 10-foot drainage and utility easements adjacent to all public rights-of-way where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in 27 the Development Contract and shall not be released until one year after the date of City certified compliance. D. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. E. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council. F. Stormwater Management and Water Quality Protection 1. This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. 2. The property shall be platted. 3. The applicant shall provide financial security, in a form acceptable to the City Attorney, to ensure demolition of the existing easterly office building at 1260 Yankee Doodle Road within six (6) months of recording the Final Plat. Signage 4. Any canopy covering the cart corrals should not contain any signage other than directional such as return carts here” or similar. 5. The applicant should provide an easement agreement for the shared pylon sign and for the off site signage in a form acceptable to the City Attorney at the time of Final Subdivision. 6. Building Signage should be consistent with City Code Standards. For single occupant buildings and endcap tenants, one sign is permitted on each of two building elevations. 7. All signs on a building should be similar in design, to be demonstrated at the time of application for Sign Permit. All signs require a Sign Permit prior to installation or construction. Building Architecture/Materials 8. The Final Building Elevations shall be revised to achieve City Code standards by providing 28 greater variation of materials on the south elevation to incorporate the same materials and visual interest as the other three elevations. 9. The Final Building Elevations shall omit the metal canopy on the west elevation to avoid its projection over the property line into the right of way and the applicant shall explore other ways to provide visual interest, depth, and pedestrian scale to the west elevation. Landscaping/ Tree Mitigation 10. The Final Landscape Plan shall provide different trees species along the south edge of the building that better fit the available growing space. 11. Landscaping along the north and south edges shall be enhanced to provide better screening of the parking lot where per the City Code standard of 75 percent 75%) opacity to a height of three to four feet at maturity. 12. The applicant shall confirm the proposed landscaping does not conflict with site lighting. 13. The applicant shall provide a Tree Mitigation Plan showing fulfillment of the tree mitigation, in addition to required site landscaping. If required mitigation cannot fit on the site, the balance should be provided as a cash dedication per the City’s adopted Fee Schedule 400 per each Category B tree). 14. At the time of Final Planned Development, Tree Mitigation and Landscape Plans shall be provided, as well as a Combined Overall Planting Plan. 15. The applicant shall revise the Tree Preservation Plan to account for removal of ash trees and recalculate any required mitigation accordingly. 16. The Applicant should provide a revised Tree Preservation Plan reflecting these adjustments, and recalculating the removal and mitigation amount if any), for incorporation into the Planned Development Amendment Agreement. 17. Where tree protection fencing cannot be maintained at a required distance for tree protection of on or off site trees, these trees shall be considered as removed, or the applicant shall provide a Tree Health Management Plan prepared by a certified arborist, identifying tree management activities to be implement to ensure the survival of these trees. Site Lighting 18. The applicant shall clarify the areas contributing to the average light levels to confirm it excludes the bank canopy lighting and adjust lighting as necessary to achieve an average to minimum ratio throughout the parking areas of not more than 4.0 footcandles. Utilities 19. A maintenance agreement for shared private utilities shall be entered into in a form acceptable to the City Attorney. 29 20. The applicant shall make all utility connections and restore the street, curb and gutter, boulevard, and trail in a manner acceptable to the City Engineer. Grading/ Erosion Control/ Stormwater 21. 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. 22. This development shall comply with Eagan’ s Land Disturbance Stormwater Pollution Prevention and Post Construction Stormwater Management Requirements City Code 4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1 inch Volume Control of effective retention of the site’s new impervious surface area including effective soil remediation for all of the site’s disturbed soils that are to be revegetated). 23. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City with a minimum of four 4) soil borings equally spaced within the footprint of each proposed infiltration system area, extending a minimum of ten feet 10’) below the bottom of each proposed infiltration system with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. If the soil boring logs indicate incompatibility of existing sub soil permeability, or shallow groundwater conflict, with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/ or construction plans to ensure water quality equivalent of volume control requirements are fully met for the mitigated impervious drainage area, to the satisfaction of the City Engineer. 24. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide underground stormwater infiltration system details, including that a) an off line bypass to prevent construction stormwater from entering the perforated pipe galleries shall be provided until drainage area stabilization, b) solid bottom isolator rows appropriately sized) are provided at any stormwater inlet point into the underground systems, c) sub soils shall have appropriate composition and minimal compaction to ensure adequate infiltration capability, d) no limestone shall be used below or between the chambers, e) unobstructed physical access via manhole will be provided to any isolator row for inspection and maintenance, f) 10 inch minimum diameter inspection ports will be provided on all chamber rows. Notes shall be provided that grading and utility contractor(s) shall provide 24 hours advance notice to City Water Resources staff of any grading or utility work involving the proposed infiltration chamber systems, including over excavation, installation of pre treatment sumps, inlets, outlets, sump hoods, energy dissipators, etc. Shop drawings related to the underground stormwater infiltration chamber systems must be provided to the City for review before fabrication and installation. 30 25. The applicant shall provide adequately sized pre treatment structure e.g. four foot 4’) minimum depth sump, five foot 5’) minimum diameter, with floatable skimmer hood, energy dissipation, etc.) at, or immediately upstream of, any stormwater treatment facility inlet to provide for effective capture and easily accessible cleanout of fine sand sized particles and floatable pollutants. Pre-treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate E231. 26. Prior to receiving City approval to permit land disturbing activity, the property owner shall provide the most updated water quality and rate control modeling documentation to demonstrate compliance with City stormwater requirements, to the satisfaction of the City Engineer. Rate Control must demonstrate no net increase over predevelopment conditions using a maximum curve number of 72. Stormwater filtration nutrient reductions, in lieu of full infiltration, will need to be documented with appropriate water quality modeling. 27. Prior to receiving City approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide graphical details and notes on soil protection/ restoration in the Stormwater Management Plan and prominently included in all applicable plan sheets e.g. Erosion Sediment Control Plan, Grading Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated on pertinent plan sheet quantity tables. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation e.g. haul tickets, representative on site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. Notes shall be provided that implementing contractor shall provide 24 hours advance notice to City Water Resources staff prior to implementation of soil loosening and amendment. 28. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the private permanent stormwater management system, in a form acceptable to the City Attorney. 29. Before the City returns any Stormwater related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as built plans meeting City requirements for as built standard submittals that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities sump(s), infiltration chamber galleries, etc.), including soil loosening amendment prior to landscaping, conform to design and/ or construction plans, as approved by the City. Photos/ video of final inspection of clean underground infiltration chamber gallery system and contributing 31 storm sewer shall be provided to the City Engineer. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 30. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Easements 31. The applicant shall enter into an ingress/ egress easement and shared parking agreement in a form acceptable to the City Attorney, at time of final subdivision approval. Parks and Recreation 32. The development shall be subject to cash trail dedication at the time of Final Subdivision, at the rates then in effect. TRAIL EASEMENT (Town Centre 100 Twenty-First Addition) This Trail Easement is made this _____ day of _______________, 2021, between Ryan Companies US, Inc., a Minnesota corporation, and Associated Bank-Corp, a Minnesota corporation (collectively hereinafter referred to as the "Landowner"), and the City of Eagan, a Minnesota municipal corporation, organized under the laws of the State of Minnesota (hereinafter referred to as "City"). W I T N E S S E T H: That the Landowner, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, a trail easement over, under and across the following described property to wit: The North 10 feet of Lot 1 and Lot 2, all in Block 1, TOWN CENTRE 100 TWENTY-FIRST ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. See also Exhibit "A" attached hereto and incorporated herein. The grant of the foregoing permanent easement for sidewalk and trail purposes includes the right of the City, its contractors, agents and servants to construct, reconstruct, inspect, repair and maintain a sidewalk and/or trail and erect and maintain signs in conjunction with the public's use of said sidewalk and/or trail and any signs erected in conjunction with the use of the sidewalk and/or trail. And the Landowner, for itself, and its successors and assigns, does covenant with the City, its successors and assigns, that it is the fee owner of the lands and premises aforesaid and has good right to grant and convey the easements herein to the City. IN TESTIMONY WHEREOF, the Landowner has caused this easement to be executed as of the day and year first above written. [Signature pages to follow.] 2 Trail Easement Town Centre 100 Twenty-First Addition (Signature page of Landowner) Ryan Companies US, Inc., a Minnesota corporation By: _______________________________ Its: ____________________________ STATE OF _______________) ) ss COUNTY OF _____________) The foregoing instrument was acknowledged before me this __________ day of __________________, 2021, by __________________________________, the ___________________ of Ryan Companies US, Inc., a Minnesota corporation, on behalf of the corporation. ___________________________________ Notary Public 3 Trail Easement Town Centre 100 Twenty-First Addition (Signature page of Landowner) Associated Bank-Corp, a Minnesota corporation By: _______________________________ Its: ____________________________ STATE OF _______________) ) ss COUNTY OF _____________) The foregoing instrument was acknowledged before me this __________ day of __________________, 2021, by ____________________________________________, the ___________________ of Associated Bank-Corp, a Minnesota corporation, on behalf of the corporation. ___________________________________ Notary Public 4 Trail Easement Town Centre 100 Twenty-First Addition (Signature page of the City) City of Eagan, a Minnesota Municipal Corporation BY: ______________________________ Mike Maguire Its: Mayor BY: ______________________________ Christina M. Scipioni Its: Clerk STATE OF MINNESOTA) )ss COUNTY OF DAKOTA ) On this _____ day of ________________ , 2021 before me a Notary Public within and for said County personally appeared Mike Maguire and Christina M. Scipioni to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed in behalf of said municipality by authority of its City Council and said Mayor and Deputy Clerk acknowledged said instrument to be the free act and deed of said municipality. ___________________________ Notary Public APPROVED AS TO FORM: _____________________________ City Attorney's Office Dated: _______________________ APPROVED AS TO CONTENT: _____________________________ Public Works Department Dated: _______________________ 5 THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 7300 West 147th Street, Suite 600 Apple Valley MN 55124 (952) 432-3136 (RBB: 206-43454 – Easement No. 1369) EXHIBIT "A" J0506 pg. 1 8 STORMWATER MANAGEMENT SYSTEM MAINTENANCE AGREEMENT This Stormwater Management System Maintenance Agreement (“Agreement”) is made this ___________ day of _________________, 2021, by and between Ryan Companies US, Inc., a Minnesota corporation (hereinafter “Ryan”), and Associated Bank-Corp, a Minnesota corporation (hereinafter the “Bank”) (Ryan and the Bank are hereinafter collectively the “Owner”), and the City of Eagan, a Minnesota municipal corporation (the “City”). The City and the Owner are collectively referred to as the “Parties”. WHEREAS, Ryan is the fee owner of Lot 1, Block 1, Town Centre 100 Twenty-First Addition, Dakota County, Minnesota and the Bank is the fee owner of Lot 2, Block 1, Town Centre 100 Twenty-first Addition, Dakota County, Minnesota (hereinafter the “Property”); and WHEREAS, on November 17, 2020 the City Council approved a Preliminary Subdivision to create two lots upon 3.35 acres located at 1260 & 1270 Yankee Doodle Road (the “Project”) upon the Property. The Project includes construction of new and fully-reconstructed impervious surfaces totaling approximately 2.6 acres upon the Property. A plan set including a stormwater management report (“Site Plan”) has been submitted with the application, with latest revisions dated with latest revisions dated January 29, 2021. The approval is subject to a number of conditions, including the requirement that the Owner shall meet all City stormwater requirements (including Volume and Rate Control); and WHEREAS, the approved “Site Plan” includes stormwater management practices, including an on-site underground stormwater infiltration/filtration chamber system with a retention/filtration capacity of 11,181 cubic feet, one pre-treatment structure (4-foot sump depth with floatable skimmer hood), and soil remediation to restore soil permeability on all disturbed soils that are to be revegetated or otherwise landscaped, hereinafter referred to as the “Stormwater Management System”, (including all components designed to convey stormwater on & off the site, treat and reduce stormwater runoff volume, and ensure safety and continued performance of the Stormwater Management System). The pertinent pages from the Site Plan, Stormwater Management Report, and Inspection Checklist for Underground Stormwater Infiltration Chamber System are attached hereto as Exhibits A-C and incorporated herein; and J0506 pg. 2 WHEREAS, the Owner shall install the Stormwater Management System in order to comply with Eagan City Code Chapter 4.34, “Post Construction Stormwater Management Requirements” for the purpose of on-site stormwater management, including rate control and volume control, for the protection of the City’s downstream water bodies; and WHEREAS, the City requires the Owner to install, operate and maintain the Stormwater Management System in good working order acceptable to the City, in accordance with the terms and conditions set forth in this Agreement, and in accordance with standards within the Minnesota Pollution Control Agency’s Stormwater Manual. WHEREAS, the Owner and the City desire to make certain mutual provisions to memorialize the allocation of responsibilities and obligations for the construction, operation, maintenance, repair and replacement of the System, as between the Parties, on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and agreements on the part of each Party to the other, as hereinafter set forth, the Parties agree as follows: 1. Operations & Maintenance. The Owner shall substantially comply with all implementation, operation, inspection and maintenance recommendations in the Minnesota Pollution Control Agency’s Stormwater Manual and the following additional requirements, all at its sole cost and expense: a. The Stormwater Management System shall be inspected annually by a qualified person, with demonstrated post-construction stormwater best management practice inspection and maintenance experience, including inspection and maintenance of all sediment capture and stormwater infiltration practices, selected by the Owner, and approved by the City Engineer. b. The Owner shall submit an annual inspection and maintenance report to the City, to be received by mail or electronically no later than September 1st, of the Stormwater Management System. The report shall include the following: i. Date and time of annual inspection; ii. Industry standard log of inspection findings / maintenance needs of individual stormwater best management practices; iii. Date, time and description of maintenance performed; and iv. Supporting photographs. c. All settled solids, floatable litter and other material obstructions, that could inhibit proper function of the Stormwater Management System, shall be promptly removed and disposed of properly, by the Owner. At a minimum, the on-site pre-treatment structure(s) shall receive complete inspection and maintenance in the spring and fall of every year. If at any time any sediment collection device reaches 25% of capacity (e.g. 1-foot sediment depth in a 4-foot sump), or floatable litter covers 50% J0506 pg. 3 or more of the water surface within any pre-treatment device, the Owner shall promptly perform remediation in compliance therewith. Maintenance for proprietary structures or pre-treatment accessories (e.g. BMP Snout floatables skimmer hood, etc.) shall follow manufacturer’s maintenance recommendations. d. If at any time the on-site underground stormwater infiltration/filtration chamber system fails to meet the performance standards to which it was designed and approved (providing a minimum of 11,181 cubic feet of impervious stormwater runoff retention, from any rain event, or fails to achieve complete infiltration/filtration within forty-eight (48) hours after any rain event (collectively, the “Requirements”), the Owner shall promptly perform remediation in compliance therewith. e. The Owner shall complete any necessary repairs and/or preventative maintenance procedures in a timely manner to ensure proper functioning of the Stormwater Management System, and in compliance with maintenance requirements in Eagan City Code Chapter 4.34, “Post-Construction Stormwater Management Requirements”. f. Owner specifically grants City access to, from and across the Property in order to evaluate and inspect the Stormwater Management System, as necessary, in order to ascertain that the practices are functioning as planned and in compliance with City Requirements. The City may recommend any corrective actions required to bring the Stormwater Management System into proper operating condition. 2. Standards for Performance. Any act of construction, maintenance, repair or replacement to be performed under this Agreement shall be performed in a good and workmanlike manner pursuant to sound engineering practices and in compliance with all applicable Requirements. 3. Remediation and Waiver of Rights. 3.1 Remediation Plan. If the City determines that a Stormwater Management System does not conform to the Requirements of the City, the City shall notify the Owner of the deficiency in writing. The Owner shall submit a proposed remediation plan and schedule to the City within forty-five (45) days after receipt of such notice. If the proposed remediation plan and schedule are not acceptable to the City, the City shall notify the Owner of the deficiency, and the Owner shall submit a revised plan to the City within thirty (30) days after receipt of such notice. 3.2 Failure to Repair. If the Owner fails to submit a proposed remediation plan and schedule to the City as prescribed above, or fails to implement a City-approved remediation plan to bring the Stormwater Management System into compliance with the Requirements, then at the sole cost and expense of the Owner, the City shall have the right, but no obligation, to prepare a remediation plan for the Stormwater Management System J0506 pg. 4 and complete all work necessary to correct the Stormwater Management System so as to bring it into compliance with the Requirements. 3.3 Reimbursement to the City. The Owner shall reimburse the City within thirty (30) days after receipt of an invoice from the City for any and all costs incurred by the City in connection with preparing a remediation plan for the Stormwater Management System and all work completed by the City to bring the Stormwater Management System back into compliance with the Requirements. 3.4 Waiver of Rights. If the Owner does not, in a reasonable time, either (i) reimburse the City or (ii) provide notice of dispute, the City may recover its costs by levying a special assessment against the Property. The Owner, on behalf of itself and its successors and assigns, hereby acknowledges the benefit of such maintenance to the Property and waives any rights to hearings or notice of hearings relating to the levying of any City assessments or the right to contest the assessments under Minnesota Statutes § 429.081, provided that such assessments were reasonable and properly levied in accordance with this Agreement and applicable law. 4. Amendment. Notwithstanding anything herein to the contrary, no amendment, release or termination of any of the provisions of this Agreement shall be effective or may be filed of record unless the City consents to the amendment, release or termination. Such consent must be evidenced by a resolution duly approved by the City Council or successor body. The Owner, on behalf of itself and its successors and assigns, expressly acknowledges and agrees that the City has no obligation whatsoever to approve or act upon any proposed amendment, release or termination, and may withhold or delay consent for any reason or none whatsoever, or may condition consent upon such terms as the City deems desirable, it being the City’s absolute right and prerogative to insist that the terms of this Agreement remain in effect and unaltered and to permit amendment, release or termination only at such times and under such circumstances, if any, as the City deems desirable in the exercise of its discretion. The Owner, on behalf of itself and its successors and assigns, further agrees and covenants, consistent with this acknowledgement, not to institute any legal proceedings against the City on the grounds that the City failed to respond appropriately to a proposed amendment, release or termination, and to indemnify the City against any expense, including litigation costs, which the City incurs as a result of any violation of this covenant. The City may, at any time, give up the right to approval granted hereunder, said action to be evidenced by City Council resolution. Notwithstanding anything herein to the contrary, the Property shall not be deemed dedicated to the public or otherwise public land, and the City shall have no obligation and no right, not otherwise existing independent of this Agreement, under this Agreement, or under the ordinances, statutes and other laws under which the City operates, to maintain or administer Property. 5. Enforcement. If the Owner fails to comply with this Agreement, the City may enforce this Agreement by legal action or any other remedy available to the City, and the Owner shall be responsible for the City’s costs and expenses of enforcement and/or remediation, including reasonable attorneys’ fees, and any associated maintenance and repair costs, within thirty (30) calendar days after receiving are request for reimbursement. J0506 pg. 5 6. Governing Law. This Agreement shall be construed under and enforced in accordance with the laws of the State of Minnesota. 7. Authority. The Owner covenants with the City that it is the fee owner of the Property as described above and has good right to create the covenants contained herein. 8. Duration. The covenants contained herein shall run with the Property in perpetuity and shall bind the Owner and its successors and assigns. 9. Recording Agreement. The City shall record this Agreement against the Property with the Dakota County Recorder's Office upon full execution of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. [Signature Pages to Follow] J0506 pg. 6 Stormwater Management System Maintenance Agreement Signature Page of Ryan Owner (or Representative) Contact Information for Long-Term Inspection/Maintenance: Name: _______________________________ Title: ___________________________________ Business name: ________________________________ Street Address: _________________________________ City, State, Zip: __________________________________ Telephone: ________________________ Email: ____________________________ OWNER: Ryan Companies US, Inc., a Minnesota corporation By: ______________________________________(sign) ___________________________________ (print name) Its: ________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF __________________ ) The foregoing was acknowledged before me this ____ day of ____________, 2021, by __________________________________, the ____________________________ of Ryan Companies US, Inc., a Minnesota corporation on behalf of the corporation. ___________________________________ Notary Public J0506 pg. 7 Stormwater Management System Maintenance Agreement Signature Page of the Bank OWNER: Associated Bank-Corp, a Minnesota corporation By: ______________________________________(sign) ___________________________________ (print name) Its: ________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF __________________ ) The foregoing was acknowledged before me this ____ day of ____________, 2021, by __________________________________, the ____________________________ of Associated Bank-Corp, a Minnesota corporation on behalf of the corporation. ___________________________________ Notary Public J0506 pg. 8 Stormwater Management System Maintenance Agreement Signature Page of City CITY: CITY OF EAGAN, a Minnesota municipal corporation By: ______________________________________ Mike Maguire Its: Mayor By: ______________________________________ Christina M. Scipioni Its: Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this ____ day of ______________, 2021, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. ___________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-43454 FINAL PLANNED DEVELOPMENT AGREEMENT Lots 1 and 2, Block 1, Town Centre 100 Twenty-First Addition This Final Planned Development Agreement (hereinafter “Agreement”) is made effective as of the ______ day of _____________ 2021, by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City"); Ryan Companies US, Inc., a Minnesota corporation (hereinafter “Ryan”); and Associated Bank-Corp, a Minnesota corporation (hereinafter the “Bank”) (Ryan and the Bank are hereinafter collectively the “Owner”). The “City” and the “Owner” are hereinafter collectively known as the "Parties." WHEREAS, the City Council of the City of Eagan is the official governing body of the City; and WHEREAS, Ryan is the fee owner of Lot 1, Block 1, Town Centre 100 Twenty-First Addition, Dakota County, Minnesota and the Bank is the fee owner of Lot 2, Block 1, Town Centre 100 Twenty-first Addition, Dakota County, Minnesota (hereinafter the “Property”); and WHEREAS, the Property is subject to a Preliminary Planned Development Agreement dated ______________, 2021 and recorded _________________, 2021 as Document No. ________________ (the “Development Agreement”); and WHEREAS, the Owner applied for a planned development for the Property to allow a retail grocery store and bank with drive-through facilities on the Property (the “Development Proposal”); and WHEREAS, the Advisory Planning Commission of the City did hold a public hearing on October 27, 2020 and recommended approval of the Development Proposal on the Property; and 2 WHEREAS, the City did review the Development Proposal in its entirety on November 17, 2020, and did concur with the recommendation of the Advisory Planning Commission; and WHEREAS, the plans attached hereto (Exhibits B – F) are found to be in conformance with the Development Proposal, and the Parties hereby acknowledge that this Agreement and the attached exhibits constitute the Final Planned Development for the Property. NOW, THEREFORE, it is hereby agreed to and between the Parties hereto as follows: 1. This Agreement applies only to the use of the Property. 2. This Agreement includes specific conditions to the Property as set forth in Exhibit A attached hereto. 4. The Owner shall use and develop the Property in conformance with the following plans attached hereto as Exhibits B-F. (A full-size copy of these exhibits and any modifications thereto shall be on file with the City’s Community Development Department.) Exhibit B – Site Plan dated September 16, 2020, last revised February 4, 2021 Exhibit C – Building Elevation Plans dated January 28, 2021 and December 14, 2020 Exhibit D – Landscape & Tree Mitigation Plan dated January 29, 2021 Exhibit E – Lighting Plan dated December 14, 2020 Exhibit F – Signage Plan dated September 28, 2020 5. This Agreement shall run with the Property until terminated and shall be binding upon the owners and assigns of the Owner. 6. All site improvements including lighting, signage, landscaping, and paved surfaces, shall be maintained in good repair. 7. Where there is a conflict between the requirements or conditions contained in the Development Agreement and this Agreement, the provisions of this Agreement shall control. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first above written. (Signature pages to follow.) 3 FINAL PLANNED DEVELOPMENT AGREEMENT Lots 1 and 2, Block 1, Town Centre 100 Twenty-First Addition (Signature page of City) City of Eagan, a Minnesota Municipal Corporation BY: ______________________________ Mike Maguire Its: Mayor BY: ______________________________ Christina M. Scipioni Its: Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: ________________________________ _________________________________ City Attorney City Planner STATE OF MINNESOTA) )ss COUNTY OF DAKOTA ) On this _____ day of ________________ , 2021 before me a Notary Public within and for said County personally appeared Mike Maguire and Christina M. Scipioni to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed in behalf of said municipality by authority of its City Council and said Mayor and Deputy Clerk acknowledged said instrument to be the free act and deed of said municipality. ___________________________ Notary Public 4 FINAL PLANNED DEVELOPMENT AGREEMENT Lots 1 and 2, Block 1, Town Centre 100 Twenty-First Addition (Signature page of Owner) Ryan Companies US, Inc., a Minnesota corporation By: _______________________________ Its: ____________________________ STATE OF _______________) ) ss COUNTY OF _____________) The foregoing instrument was acknowledged before me this __________ day of __________________, 2021, by __________________________________, the ___________________ of Ryan Companies US, Inc., a Minnesota corporation, on behalf of the corporation. ___________________________________ Notary Public 5 FINAL PLANNED DEVELOPMENT AGREEMENT Lots 1 and 2, Block 1, Town Centre 100 Twenty-First Addition (Signature page of Owner) Associated Bank-Corp, a Minnesota corporation By: _______________________________ Its: ____________________________ STATE OF _______________) ) ss COUNTY OF _____________) The foregoing instrument was acknowledged before me this __________ day of __________________, 2021, by ____________________________________________, the ___________________ of Associated Bank-Corp, a Minnesota corporation, on behalf of the corporation. ___________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-43454) EXHIBIT A 1. A Final Planned Development Agreement shall be required for each lot as it develops. The following plans are required for the Final Planned Development Agreement and shall be consistent with the approved Master Plans for the Preliminary Planned Development. • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Lighting Plan • Final Signage Plan Platting 2. The property shall be platted. Term 3. The Planned Development shall have a term of three (3) years. Uses 4. This Planned Development approves the following uses on each lot: a. Proposed Lot 1 34,500 square foot retail grocery store b. Proposed Lot 2 2,840 square foot bank with drive through facility Signage 5. Any canopy covering the cart corrals shall not contain any signage other than directional such as return carts here” or similar. 6. The applicant shall provide an easement agreement for the shared pylon sign and for the off‐site signage in a form acceptable to the City Attorney at the time of Final Subdivision. 7. Building Signage shall be consistent with City Code Standards. For single occupant buildings and endcap tenants, one 1) sign is permitted on each of two 2) building elevations. 8. All signs on a building shall be similar in design, to be demonstrated at the time of application for Sign Permit. All signs require a Sign Permit prior to installation or construction. Building Architecture / Materials 9. The Final Building Elevations shall be revised to achieve City Code standards by providing greater variation of materials on the south elevation to incorporate the same materials and visual interest as the other three elevations. 10. The Final Building Elevations shall omit the metal canopy on the west elevation to avoid its projection over the property line into the right of way and the applicant shall explore other ways to provide visual interest, depth, and pedestrian scale to the west elevation. Landscaping / Tree Mitigation 11. The Final Landscape Plan shall provide different trees species along the south edge of the building that better fit the available growing space. 12. Landscaping along the north and south edges shall be enhanced to provide better screening of the parking lot where per the City Code standard of 75 percent 75%) opacity to a height of three to four (3‐4) feet at maturity. 13. The applicant shall confirm the proposed landscaping does not conflict with site lighting. 14. The applicant shall revise the Tree Preservation Plan to account for removal of ash trees and recalculate any required mitigation accordingly. 15. The Applicant shall provide a revised Tree Preservation Plan reflecting these adjustments, and recalculating the removal and mitigation amount if any), for incorporation into the Planned Development Amendment Agreement. 16. Where tree protection fencing cannot be maintained at a required distance for tree protection of on or off site trees, these trees shall be considered as removed, or the applicant shall provide a Tree Health Management Plan prepared by a certified arborist, identifying tree management activities to be implement to ensure the survival of these trees. Site Lighting 17. The applicant shall clarify the areas contributing to the average light levels to confirm it excludes the bank canopy lighting and adjust lighting as necessary to achieve an average to minimum ratio throughout the parking areas of not more than 4.0 footcandles. Utilities 18. A maintenance agreement for shared private utilities shall be entered into in a form acceptable to the City Attorney. 19. The applicant shall make all utility connections and restore the street, curb and gutter, boulevard, and trail in a manner acceptable to the City Engineer. Grading / Erosion Control / Stormwater 20. 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. 21. This development shall comply with Eagan’s Land Disturbance Stormwater Pollution Prevention and Post Construction Stormwater Management Requirements (City Code 4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1 inch Volume Control of effective retention of the site’s new impervious surface area including effective soil remediation for all of the site’s disturbed soils that are to be revegetated). 22. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide to the City with a minimum of four 4) soil borings equally spaced within the footprint of each proposed infiltration system area, extending a minimum of 10 feet below the bottom of each proposed infiltration system with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. If the soil boring logs indicate incompatibility of existing sub soil permeability, or shallow groundwater conflict, with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/ or construction plans to ensure water quality equivalent of volume control requirements are fully met for the mitigated impervious drainage area, to the satisfaction of the City Engineer. 23. Prior to receiving City approval to permit land disturbing activity, the applicant shall provide underground stormwater infiltration system details, including that a) an off line bypass to prevent construction stormwater from entering the perforated pipe galleries shall be provided until drainage area stabilization, b) solid bottom isolator rows appropriately sized) are provided at any stormwater inlet point into the underground systems, c) sub soils shall have appropriate composition and minimal compaction to ensure adequate infiltration capability, d) no limestone shall be used below or between the chambers, e) unobstructed physical access via manhole will be provided to any isolator row for inspection and maintenance, f) 10 inch minimum diameter inspection ports will be provided on all chamber rows. Notes shall be provided that grading and utility contractor( s) shall provide 24 hours advance notice to City Water Resources staff of any grading or utility work involving the proposed infiltration chamber systems, including over excavation, installation of pre treatment sumps, inlets, outlets, sump hoods, energy dissipators, etc. Shop drawings related to the underground stormwater infiltration chamber systems must be provided to the City for review before fabrication and installation. 24. The applicant shall provide adequately sized pre treatment structure e.g. four foot 4’) minimum depth sump, five foot 5’) minimum diameter, with floatable skimmer hood, energy dissipation, etc.) at, or immediately upstream of, any stormwater treatment facility inlet to provide for effective capture and easily accessible cleanout of fine sand sized particles and floatable pollutants. Pre treatment structures shall be accessible by appropriate maintenance equipment. Details shall be included in applicable plan sheet(s) using Eagan Standard Detail Plate E231. 25. Prior to receiving City approval to permit land disturbing activity, the property owner shall provide the most updated water quality and rate control modeling documentation to demonstrate compliance with City stormwater requirements, to the satisfaction of the City Engineer. Rate Control must demonstrate no net increase over predevelopment conditions using a maximum curve number of 72. Stormwater filtration nutrient reductions, in lieu of full infiltration, will need to be documented with appropriate water quality modeling. 26. Prior to receiving City approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies in the plan set for City review, and acceptance by the City Engineer, that provide graphical details and notes on soil protection/ restoration in the Stormwater Management Plan and prominently included in all applicable plan sheets e.g. Erosion Sediment Control Plan, Grading Plan, Landscape Plan, etc.) and shall specify estimated quantities of soil ripping area and volume of compost to be imported and incorporated on pertinent plan sheet quantity tables. Prior to receiving a Certificate of Occupancy for any affected construction, Soil Management Strategy implementation documentation e.g. haul tickets, representative on site soil samples, compaction testing and soil organic content test results) shall be provided to City Water Resources staff to verify approved soil management strategy compliance. Notes shall be provided that implementing contractor shall provide 24 hours advance notice to City Water Resources staff prior to implementation of soil loosening and amendment. 27. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the private permanent stormwater management system, in a form acceptable to the City Attorney. 28. Before the City returns any Stormwater related Performance Guarantee Fees on the development site, the applicant shall demonstrate that all stormwater management practices are performing as intended and shall provide the City Engineer as built plans meeting City requirements for as built standard submittals that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities sump(s), infiltration chamber galleries, etc.), including soil loosening amendment prior to landscaping, conform to design and/ or construction plans, as approved by the City. Photos/ video of final inspection of clean underground infiltration chamber gallery system and contributing storm sewer shall be provided to the City Engineer. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 29. This development shall provide hydrant spacing and locations accordance with City Fire Department and Public Works standards. Easements 30. The applicant shall enter into an ingress/ egress easement and shared parking agreement in a form acceptable to the City Attorney, at time of final subdivision approval. Parks and Recreation 31. The development shall be subject to cash trail dedication at the time of Final Subdivision, at the rates then in effect. ∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆∆TOWN CENTER DRIVEDAKOTA COUNTY ROAD NO. 28 (YANKEE DOODLE RD)(WIDTH VARIES) ROADWAY AND UTILITY EASEMENTPER DOC. NO. 142045621.5021.5016 16 75 70 ROADWAY AND UTILITY EASEMENTPER DOC. NO.'S 1373742 & 1435957200201202203204BENCHMARKTNH=911.87WT14"14"13"10"12"7"8"8"10"11"8"12"6"6"17"12"12"12"12"11"8"12"11"15"RESTRICTED ACCESS PER DOC. NO.'S595867, 603559, & PER THE PLATS OFTOWN CENTRE 100 FIRST ADDITION &TOWN CENTRE 100 SECOND ADDITIONGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASN00°31'17"W 302.0331.97N86°12'48"ES00°13'18"E 312.0015.98N89°46'42"EL=427.74CH=427.71CHB=S 88°42'28" WR=11409.16Δ=2°08'53"318.95155.0066 66 80807095ADDRESS: NPID: 107705GASGASGASGASGASGASGASGASGASGAS GAS101.4982.0066.00DENMARK AVENUEPROPOSEDRETAIL34,500± GSFPROPOSEDRETAIL34,500± GSFPROPOSEDBANK2,840± GSFEVEVTEMP GEN.AAB10' TRAIL, DRAINAGE, &UTILITY EASEMENT PERDAKOTA COUNTY10.00'19.00'9.00'24.00'11.50'19.50'16.00'9.00'18.00'24.00'25.66'30.00'35.22'35.30'12.00'7.49'6.00'6.00'6.00'6.00'6.00'6.00'6.00'DUMPSTERSTORAGEAREA/ENCLOSURE(SEE ARCH)ELECTRICTRANSFORMERTEMPORARYGENERATOR AREAPYLON SIGNMONUMENT SIGNMONUMENT SIGNTRASH ENCLOSURERETAININGWALL/SCREEN WALL(SEE ARCH)ELECTRICTRANSFORMERDIRECTIONALSIGNAGE63.33'20.50'10.00'11.17'5.00'5.05'21.27'29.85'40.00'42.67'24.00'DIRECTIONALSIGNAGESITE LIGHTING(TYP., SEE ELECTRICAL)BEXTERIORCART STORAGELOADINGDOCKS (2)COMPACTOR PAD11.17'10' ROW DEDICATIONONLINE PICKUP STALLSW/SIGNAGE (10) (TYP.)ELECTRIC VEHICLE PARKINGW/SIGNAGE (TYP.)COVERED CARTCORRAL STORAGE(SEE DETAIL)RETAINING WALLW/ RAILINGR10'R20'R15'R5'R25'R25'R15'R20'R10'R40'R10'R5'R4'R10'R10'R10'R3'R3'R2'R2'R100'R2'R2'R2'R2'R20'DRIVE THRUDRIVE THRUATMR3.5'R3.5'R3.5'R3.5'SCREEN WALL(SEE ARCH)11.00'12.00'20.24'36.33'7.33'8.84'31.70'DELIVERYDOOR40.00'8.00'39.75'48.58'VOLTA BOX PAD(SEE ELECTRICAL)3' CURB TAPER6' CURB TAPERR:\Projects\700\400\700-481 Eagan Assoc Bank Redevelopment\CIVIL\_dwg Sheet Files\C300 Site Plan.dwgR:\Projects\700\400\700-481 Eagan Assoc Bank Redevelopment\CIVIL\_dwg Sheet Files\C300 Site Plan.dwgMBCCHL70048102/04/2021C300FINAL CITYRESUBMITTALSITE PLAN0102030405----09/16/202009/30/202012/14/202001/29/202102/04/2021----CITY SUBMITTALCITY RESUBMITTALFINAL CITY SUBMITTALFINAL CITY RESUBMITTALFINAL CITY RESUBMITTAL----WWW.RYANCOMPANIES.COMRYAN A+E, INC.533 South Third Street, Suite 100Minneapolis, MN 55415612-492-4000 tel612-492-3000 faxREGISTRATION NO. DATEI hereby certify that this plan, specification, or reportwas prepared by me or under my direct supervisionand that I am a duly Licensed Professional Engineerunder the laws of the State of Minnesota© 2020RYAN A+E, INC.DRAWN BY CHECKED BYJOB NO. DATEPROJECT INFORMATIONISSUE RECORDISSUE # DATE DESCRIPTION449861270 & 1260 YANKEEDOODLE ROADEAGAN, MN 55121ASSOCIATED BANKREDEVELOPMENTPRELIMINARYNOT FORCONSTRUCTIONCHAD H. LOCKWOODCITY PROJECT # 21-A02/04/2021LEGEND:EXISTINGPROPOSEDPROPERTY BOUNDARYCURBEASEMENTBITUMINOUSCONCRETECHAIN LINK FENCERETAINING WALLTREE LINELIGHT POLESIGNBOLLARDTREETIP OUTFLAG POLE1. ALL TEMPORARY AND PERMANENT SITE SIGNAGE, STRIPING, AND TRAFFIC CONTROL DEVICES SHALL BE INCONFORMANCE WITH THE CURRENT MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD).2. CONTRACTOR SHALL PAINT ALL STALLS, ACCESSIBLE STALLS, LOGOS AND CROSS HATCH LOADING AISLESWITH WHITE PAVEMENT MARKING PAINT, 4" IN WIDTH.3. CONTRACTOR SHALL PAINT ANY/ALL DIRECTIONAL TRAFFIC ARROWS, AS SHOWN, IN WHITE PAINT.4. ALL SIGNAGE SHALL INCLUDE POST, CONCRETE FOOTING AND STEEL CASING WHERE REQUIRED.5. ALL SIGNAGE NOT PROTECTED BY CURB, LOCATED IN PARKING LOT OR OTHER PAVED AREAS TO BE PLACED INSTEEL CASING, FILLED WITH CONCRETE AND PAINTED YELLOW. REFER TO DETAIL.6. ANY/ALL STOP SIGNS TO INCLUDE A 24" WIDE PAINTED STOP BAR IN WHITE PAINT, PLACED AT THE STOP SIGNLOCATION, A MINIMUM OF 4' FROM CROSSWALK IF APPLICABLE. ALL STOP BARS SHALL EXTEND FROMDIRECTIONAL TRANSITION BETWEEN LANES TO CURB.7. ALL SIGNS TO BE PLACED 18" BEHIND BACK OF CURB UNLESS OTHERWISE NOTED.SIGNAGE AND STRIPING NOTESSITE NOTES1. CONTRACTOR SHALL FIELD VERIFY THE LOCATIONS AND ELEVATIONS OF EXISTING CONDITIONS. THIS WOULDINCLUDE ALL EXISTING UTILITIES AND TOPOGRAPHIC FEATURES. THE CONTRACTOR SHALL IMMEDIATELYNOTIFY THE ENGINEER OF ANY DISCREPANCIES OR VARIATIONS FROM THE PLANS.2. ALL DIMENSIONS SHOWN ARE TO FACE OF CURB, FACE OF BUILDING, EDGE OF PAVEMENT, OR TO PROPERTYLINE, UNLESS OTHERWISE NOTED.3. ALL PAVING, CONCRETE CURB, GUTTER AND SIDEWALK SHALL BE FURNISHED AND INSTALLED INACCORDANCE WITH THE DETAILS SHOWN PER THE CIVIL DETAILS AND STATE/LOCAL JURISDICTIONREQUIREMENTS.4. ACCESSIBLE PARKING AND ACCESSIBLE ROUTES SHALL BE PROVIDED PER CURRENT ADA STANDARDS ANDLOCAL/STATE REQUIREMENTS.5. TYPICAL FULL SIZED PARKING STALL IS 9.0' X 19.0' UNLESS OTHERWISE NOTED.6. ALL RADII ARE TO GUTTER LINE OR PAVEMENT EDGE UNLESS OTHERWISE NOTED.7. ALL CONCRETE CURB AND GUTTER RADII SHALL BE 4.0' UNLESS OTHERWISE NOTED.8. ALL CURB TERMINI TO HAVE A 3.0' TAPER UNLESS OTHERWISE NOTED.9. BITUMINOUS IMPREGNATED FIBER BOARD TO BE PLACED AT FULL DEPTH OF CONCRETE ADJACENT TOEXISTING STRUCTURES AND BEHIND CURB ADJACENT TO DRIVEWAYS AND SIDEWALKS.10. SITE LIGHTING DESIGN PROVIDED BY OTHERSSIGN LEGENDSTOP SIGNR1-1, 30" x 30"ABADA SIGN W/BOLLARDR7-8m, R7-8bPSCALE IN FEET30600NSITE DATACURRENT ZONING: PLANNED DEVELOPMENT (PD)SITE AREA:RETAIL 2.47± AC (107,731 SF)BANK 0.49± AC (21,386 SF)ROW DEDICATION 0.39± ACBUILDING GFA:RETAIL 34,500± SFBANK 2,840± SFIMPERVIOUS AREAGREEN SPACE AREABUILDING COVERAGEGREEN SPACE IN PARKING LOTEXISTING BANKEXISTING OFFICE63,650 SF (1.46± AC) 34,194 SF (0.78± AC) 22,040 SF (25.7%)12,617 SF (27.0%)9,290 SF (10.8%)7,154 SF (15.3%)2,467 SF (6.5%)1,090 SF (4.3%)TOTAL EXISTING97,844 SF (2.25± AC)34,657 SF (26.2%)16,444 SF (12.4%)3,557 SF (5.6%)PROPOSED RETAILPROPOSED RETAIL (W/ ROW)94,950 SF (2.18± AC) 94,950 SF (2.18± AC)12,782 SF (11.9%) 15,392 (13.9%)34,551 SF (32.1%) 34,551 SF (31.3%)2,515 SF (4.9%) 2,515 SF (4.9%) PROPOSED BANK15,656 SF (0.36± AC)5,730 SF (26.8%)2,841 SF (13.3%) 764 SF (9.2%)TOTAL PROPOSED110,606 SF (2.54± AC)18,512 SF (14.3%)37,392 SF (29.0%)3,279 SF (5.5%)OFF-STREET PARKING PROPOSED PARKING:BANK 14 STALLSRETAIL127 STALLSTOTAL 141 STALLSEXHIBIT BSITE PLAN XXXXXXXXXXXXXXXXXXX51271XXXXXX4321RETAILELEVATIONSA401DescriptionDateNo.Project For6396.043.00ddwjh1/28/2021Key PlanRevisionsCertificationConsultants1220 Marshall Street NEMinneapolisMN 55413-1036612.677.7100612.677.7499 faxwww.rsparch.comRSP ArchitectsSignatureRegistration No.DateNOTICE: The designs shown and described hereinincluding all technical drawings, graphics, and modelsthereof, are proprietary and cannot be copied, duplicatedor commercially exploited, in whole or in part, withoutexpress written permission of RSP Architects. These areavailable for limited review and evaluation by clients,consultants, contractors, government agencies, vendorsand office personnel only in accordance with this Notice.© Copyright RSP Architects 2021 All rights reserved.Checked ByDateDrawn ByProject No.I hereby certify that this plan, specification or reportwas prepared by me or under my direct supervision andthat I am a duly licensed Architect under the laws of theState of Minnesota.EAGAN REDEVELOPMENTRETAIL PROJECT1271 TOWN CENTER DRIVEEAGAN, MNEXHIBIT CELEVATIONS Associated Bank CONCEPTUAL │ NOT FOR CONSTRUCTIONNORTH ELEVATIONEAST ELEVATIONASSOCIATED BANK - EAGAN, MN - ELEVATIONS#80095.08 | DECEMBER 14, 2020NOT TO SCALEBACKLIT VISIONGLASS WITH TRADEDRESS GREENINTERLAYERCLEAR ANODIZEDALUMINUM CURTAINWALL GLAZINGSYSTEM WITH VISIONGLASSSTONE IN ASHLARCOURSINGBRICK CLADDING ALUMINUM FASCIAPAINTED TO MATCHCURTAIN WALL28'-4"BACKLIT ANDINTERNALLYILLUMINATED ACRYLICLETTERING AND LOGOALUMINUM MECHANICALSCREEN PARAPET ANDDUMPSTER ENCLOSUREPAINTED TO MATCHCURTAIN WALLCLEAR ANODIZEDALUMINUM CURTAINWALL GLAZINGSYSTEM WITH VISIONGLASSBACKLIT VISIONGLASS WITH TRADEDRESS GREENINTERLAYERSTONE IN ASHLARCOURSINGBRICK CLADDING4'-6"ABOVEPARPETLED DOWNLIGHTSOVER EACH LANEBUILDING MOUNTEDLED DOWNLIGHTOVER NIGHT DROP10'-9"6'-6"LED CAN LIGHTSUNDER SOFFIT15'-9"16'-5"15'-9"15'-3"20'-3" Associated BankCONCEPTUAL │ NOT FOR CONSTRUCTIONSOUTH ELEVATIONWEST ELEVATIONASSOCIATED BANK - EAGAN, MN - ELEVATIONS#80095.08 | DECEMBER 14, 2020NOT TO SCALEBACKLIT VISIONGLASS WITH TRADEDRESS GREENINTERLAYERALUMINUM FASCIAPAINTED TO MATCHCURTAIN WALLBACKLIT ANDINTERNALLYILLUMINATED ACRYLICLETTERING AND LOGOBRICK CLADDINGSTONE IN ASHLARCOURSINGALUMINUM SPANDRELPANEL IN ALUMINUMCURTAIN WALLSTONE IN ASHLARCOURSINGBRICK CLADDINGCLEAR ANODIZEDALUMINUM CURTAINWALL GLAZINGSYSTEM WITH VISIONGLASSBACKLIT VISIONGLASS WITH TRADEDRESS GREENINTERLAYERALUMINUMMECHANICAL SCREENPARAPET PAINTED TOMATCH CURTAIN WALL4'-6"ABOVEPARPET28'-4"ALUMINUM FASCIAPAINTED TO MATCHCURTAIN WALLLED DOWNLIGHTSOVER EACH LANEBUILDING MOUNTEDLED DOWNLIGHTOVER NIGHT DROPLED CAN LIGHTSUNDER SOFFIT14'-4"8'-9"20'-7"15'-3"15'-9"'>^^;'>^^/Ϳ Z/<;>^^/Ϳ ^dKE ;>^^/Ϳ D d>;>^^//Ϳ>hD͘D ,͘^Z E;>^^//ͿdKd>EKZd,& ϰϳй ϰй ϯϮй ϭϬй ϳй ϭϬϬй^Khd,& Ϯϳй Ϯϱй ϯϵй ϵй Ϭй ϭϬϬй ^d& Ϯϭй ϱϭй ϱй ϱй ϭϴй ϭϬϬйt ^d& ϱϳй Ϯϳй ϭй ϴй ϳй ϭϬϬйDd Z/>W Z Ed' ^ EXHIBIT D OVREALL PLANTING PLAN -LANDSCAPING & TREE MITIGATION EXHIBIT DOVERALL PLANTING PLANLANDSCAPING & MITIGATION EXHIBIT ESITE LIGHTING PLAN (DECEMBER 14, 2020) a+2&a 3>3Ma3ME +:W3BGa-B>Ma)H3Ma #&$ a TOKa$:[:Ha!T38:aWOa/QaO<a-B>Ma # #3'$> # # # # #*_IPNaVC?NV a%4^DLYLaP=aPN;a4JJP];9aR;Ua6ZDJ9CN? aaR_JPNaVD?NaCVa5JIP];9aCNaID;ZaP=a4aLPNYL;NXaVD?Na4N9aDVaJCLDX;9aCNa@;D?@XaXPaa=;;Xa46P\;aX@;aJPXaJ;\;Ja4N9aNPaLPU;aX@5NaaVSY5U;a=;;XaR;UaVD9; a*_JPNaVD?NVaU;SYDU;a PN9DXDPN4Ja0V;a*;ULCXa YDJ9DN?a*;ULDXa5N9a.D?Na*;ULCXa4RRUP\4J a %PNYL;NXa.D?Na,;SYCU;L;NXVa]CX@PZXa9_N4LD7aVD?N4?;a";D?@Xa%4^DLZLaa=;;XaP\;U5JIa@;C?@X a 47;a%5^DLYLaa=;;Xa=47;a@;D?@Xa5U;4a]DX@aX;^Xa?U4R@D7VaIP?PVaU;49;Ua6P4U9 a;X7 a 4V;a%4^DLZLaa64V;a@;D?AX a1D9X@a'Pa]D9XAaU;VXUD7XDPN a.SY4U;a PPX4?;a'PaVD`;aU;VXUD7XDPN a.;X657FVa%CNCLYLaP=aa(a=UPLa4JIaRUPR;UX_a5N9a9D\D9DN?aJDN;V a'PX;aN_X@DN?aP\;UaaCNa@;D?@XaDVa4aR_JPNa4N9aU;SYDU;Va5a PN9DXDPN5Ja0V;a*;ULDX a.;;a DX_a*I5NNCN?aVX5==aXPa5RRJ_a# #$ $ #$ $ $ #* * * *$ $ #$ !$" $ $ $ $ -%+) - !' -)' )-+!) --!$$ &%#!(-- - -* "- - ,-&#.>":70(4> > >- a > +589><)/;)>$89>=>!;+9)>>!*$-12))> >> $6-> > $,%*)> > > # # * * * $ $ #$%&' (! 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