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06.17.24 Council Packet
Meeting Location: Farmington City Hall, Council Chambers 430 Third Street Farmington, MN 55024 CITY COUNCIL REGULAR MEETING AGENDA Monday, June 17, 2024 7:00 PM Page 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS / COMMENDATIONS 5.1. Introduction of Regional Funding Manager Kari Kubicek Please listen to the presentation, welcome Kari Kubicek and ask any questions you may have. Agenda Item: Introduction of Regional Funding Manager Kari Kubicek - Pdf 4 6. CITIZENS COMMENTS / RESPONSES TO COMMENTS (This time is reserved for citizen comments regarding non-agenda items. No official action can be taken on these items. Speakers are limited to five minutes to address the city council during citizen comment time.) 7. CONSENT AGENDA 7.1. Gambling Event Permit Application for Farmington Rotary Club Agenda Item: Gambling Event Permit Application for Farmington Rotary Club - Pdf 5 - 13 7.2. Minutes of the City Council Work Session dated June 3, 2024 Agenda Item: Minutes of the City Council Work Session dated June 3, 2024 - Pdf 14 - 43 7.3. Minutes of the Regular City Council Meeting dated June 3, 2024 Agenda Item: Minutes of the Regular City Council Meeting dated June 3, 2024 - Pdf 44 - 51 Page 1 of 294 7.4. Minutes of the Joint Planning Commission and City Council Work Session dated June 4, 2024 Agenda Item: Minutes of the Joint Planning Commission and City Council Work Session dated June 4, 2024 - Pdf 52 - 91 7.5. Payment of Claims Agenda Item: Payment of Claims - Pdf 92 - 93 Payment of Claims 7.6. Community Service Officer Agenda Item: Community Service Officer - Pdf 94 - 99 7.7. Staff Changes and Recommendations Agenda Item: Staff Changes and Recommendations - Pdf 100 7.8. Donation of Flowers for Downtown from the Farmington Rotary Agenda Item: Accepting a Donation of Flowers for Downtown from the Farmington Rotary - Pdf 101 - 102 7.9. Professional Services Agreements with Advanced Engineering and Environmental Services (AE2S) for the Farmington East and Farmington West Serviceability Analysis Agenda Item: Professional Services Agreements with Advanced Engineering and Environmental Services (AE2S) for the Farmington East and Farmington West - Pdf 103 - 137 7.10. Professional Services Agreement with Alliant Engineering, Inc. for the Dushane Parkway/Spruce Street Intersection Final Design Agenda Item: Professional Services Agreement with Alliant Engineering, Inc. for the Dushane Parkway/Spruce Street Intersection Final Design - Pdf 138 - 154 7.11. Purchase of a Dump Truck Cab and Chassis Agenda Item: Purchase of a Dump Truck Cab and Chassis - Pdf 155 - 183 Donation of $15,000 from the Farmington Fire Relief Association to the City of Farmington Agenda Item: Donation of $15,000 from the Farmington Fire Relief Association to the City of Farmington - Pdf 184 - 185 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 10.1. Petition to Rezone Properties from MUCI (Mixed Use Commercial/Industrial) to I (Industrial); the Subject Properties are Generally Located at the Southeast Intersection of Pilot Knob Road and 208th Street West 186 - 191 Page 2 of 294 Adopt Ordinance 2024-07 Amending Title 10 of the Farmington City Code, the Farmington Zoning Ordinance, Rezoning the Parcels with PID Numbers 14-25852-00-010 and 14-25852-00-020 from MUCI (Mixed Use Commercial/Industrial) to I (Industrial). Agenda Item: Petition to Rezone Properties from MUCI (Mixed Use Commercial/Industrial) to I (Industrial); the Subject Properties are Generally Located - Pdf 10.2. Vermillion Commons 4th Addition Preliminary Plat and Planned Unit Development Adopt Resolution No. 2024-53 Approving Preliminary Plat and Planned Unit Development Vermillion Commons 4th Addition, contingent upon the following: 1. The satisfaction of all engineering comments/requirements including construction plans for grading, stormwater, and utilities. Agenda Item: Vermillion Commons 4th Addition Preliminary Plat and Planned Unit Development - Pdf 192 - 216 11. UNFINISHED BUSINESS 12. NEW BUSINESS 12.1. Resolution 2024-51 Adopting a Final Order and Record of Decision for an Alternative Urban Areawide Review (AUAR) for the Farmington West Industrial Project As the RGU, the City Council is asked to consider Resolution 2024-51 Adopting a Final Order and Record of Decision for an Alternative Urban Areawide Review (AUAR) for the Farmington West Industrial Project. Agenda Item: Adopt Resolution 20241-51 Adopting a Final Order and Record of Decision for an Alternative Urban Areawide Review (AUAR) for the Farmingto - Pdf 217 - 294 13. CITY COUNCIL ROUNDTABLE 14. ADJOURN Page 3 of 294 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Lynn Gorski, City Administrator Department: Administration Subject: Introduction of Regional Funding Manager Kari Kubicek Meeting: Regular Council - Jun 17 2024 INTRODUCTION: In 2024, the City of Farmington and Southeast Services Cooperative (SSC) mutually agreed to share a position to assist in grant funding. DISCUSSION: On May 1, 2024, Kari Kubicek started her first day in the shared position as Regional Funding Manager. Kari remains an employee of SSC, but also has joined the Farmington team. The City of Farmington reimburses SSC for all shared expenses. Kari will be in attendance to share an update to the mayor, council and the residents regarding her position. BUDGET IMPACT: N/A ACTION REQUESTED: Please listen to the presentation, welcome Kari Kubicek and ask any questions you may have. Page 4 of 294 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Gambling Event Permit Application for Farmington Rotary Club Meeting: Regular Council - Jun 17 2024 INTRODUCTION: The Farmington Rotary Club has applied for a Gambling Event Permit for a raffle on Tuesday, September 3, 2024. DISCUSSION: Per State Statute and City Code, gambling permit applications must first be approved by the City of Farmington before the applicant may submit their application to the Gambling Control Board. ACTION REQUESTED: Adopt Resolution 2024-54 Concurring with the Issuance of a Minnesota Lawful Gambling Exempt Permit to Conduct Raffle - Farmington Rotary Club, September 3, 2024. ATTACHMENTS: 2024-54 Gambling Event Permit, Farmington Rotary Farmington Rotary, Gambling Permit App 9.03.24 Farmington Rotary Foundation 501(c)(3) Page 5 of 294 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-54 A RESOLUTION CONCURRING WITH THE ISSUANCE OF A MINNESOTA LAWFUL GAMBLING EXEMPT PERMIT TO CONDUCT RAFFLE – FARMINGTON ROTARY CLUB, SEPTEMBER 3, 2024 WHEREAS, the Farmington Rotary Club has made application for a Lawful Gambling Exempt Permit to the Gambling Control Board to conduct gambling in the form of a raffle on September 3, 2024; and WHEREAS, the City of Farmington has no objections to the said activity. NOW, THEREFORE, BE IT RESOLVED that the Farmington Mayor and City Council hereby concur with the issuance of a Lawful Gambling Exempt Permit by the Gambling Control Board to the Farmington Rotary Club for an event on September 3, 2024 to be conducted at the Rambling River Center, 325 Oak Street, Farmington, Minnesota. Adopted by the City Council of the City of Farmington, Minnesota, this 17th day of June 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 6 of 294 MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit An exempt permit may be issued to a nonprofit organization that: conducts lawful gambling on five or fewer days, and awards less than $50,000 in prizes during a calendar year. If total raffle prize value for the calendar year will be $1,500 or less, contact the Licensing Specialist assigned to your county by calling 651-539-1900. Application Fee (non-refundable) Applications are processed in the order received. If the application is postmarked or received 30 days or more before the event, the application fee is $100; otherwise the fee is $150. Due to the high volume of exempt applications, payment of additional fees prior to 30 days before your event will not expedite service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization Previous Gambling Name: ________________________________________________________ Permit Number: X-__________________________ Minnesota Tax ID Federal Employer ID Number, if any: ______________________________________ Number (FEIN), if any: ________________________________ Mailing Address: __________________________________________________________________________________________ City: ____________________________________ State: _________ Zip: __________ County: ___________________________ Name of Chief Executive Officer (CEO): ________________________________________________________________________ CEO Daytime Phone: _____________________ CEO Email: _____________________________________________________ (permit will be emailed to this email address unless otherwise indicated below) NONPROFIT STATUS Type of Nonprofit Organization (check one): ____ Fraternal ____ Religious ____ Veterans ____ Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) ____ A current calendar year Certificate of Good Standing Don’t have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division 60 Empire Drive, Suite 100 St. Paul, MN 55103 ____ IRS income tax exemption (501(c)) letter in your organization’s name Don’t have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. ____ IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1.IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): _________________________________________________________ Physical Address (do not use P.O. box): ________________________________________________________________________ Check one: ___ City: ______________________________________________ Zip: ___________ County: __________________________ ___ Township: __________________________________________ Zip: ___________ County: __________________________ Date(s) of activity (for raffles, indicate the date of the drawing): ____________________________________________________ Check each type of gambling activity that your organization will conduct: ____ Bingo ____ Paddlewheels ____ Pull-Tabs ____ Tipboards ____ Raffle Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900. 4/23 Page 1 of 3 Secretary of State website, phone numbers: www.sos.state.mn.us 651-296-2803, or toll free 1-877-551-6767 Email permit to (if other than the CEO): _______________________________________________________________________ Page 7 of 294 LG220 Application for Exempt Permit LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL for a gambling premises located within city limits The application is acknowledged with no waiting period. ____ The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). ____ The application is denied. Print City Name: ______________________________________ Signature of City Personnel: ___________________________________________________ Title:____________________________ Date:______________ COUNTY APPROVAL for a gambling premises located in a township The application is acknowledged with no waiting period. The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days. The application is denied. Print County Name: ___________________________________ Signature of County Personnel: ___________________________________________________ Title:____________________________ Date:______________ TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minn. Statutes, section 349.213.) Print Township Name: _________________________________ Signature of Township Officer:___________________________ Title: ___________________________ Date: ______________ CHIEF EXECUTIVE OFFICER’S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. Chief Executive Officer's Signature: ____________________________________________________ Date: ___________________ (Signature must be CEO’s signature; designee may not sign) Print Name: _______________________________________________________________________________________________ REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: all gambling conducted on two or more consecutive days; or all gambling conducted on one day. Only one application is required if one or more raffle drawings are conducted on the same day. Financial report to be completed within 30 days after the gambling activity is done: A financial report form will be mailed with your permit. Complete and return the financial report form to the Gambling Control Board. Your organization must keep all exempt records and reports for 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). Mail application with: ____ a copy of your proof of nonprofit status; and ____ application fee (non-refundable). If the application is postmarked or received 30 days or more before the event, the application fee is $100; otherwise the fee is $150. Make check payable to State of Minnesota. To: Minnesota Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Questions? Call the Licensing Section of the Gambling Control Board at 651-539-1900. The city or county must sign before submitting application to the Gambling Control Board. 4/23 Page 2 of 3 Data privacy notice: The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization’s qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information; however, if your organization refuses to supply this information, the Board may not be able to determine your organization’s qualifications and, as a consequence, may refuse to issue a permit. If your organization supplies the information requested, the Board will be able to process the application. Your organization’s name and address will be public information when received by the Board. All other information provided will be private data about your organization until the Board issues the permit. When the Board issues the permit, all information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization’s name and address which will remain public. Private data about your organization are available to Board members, Board staff whose work requires access to the information; Minnesota’s Depart- ment of Public Safety; Attorney General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. This form will be made available in alternative format (i.e. large print, braille) upon request. An equal opportunity employer Page 8 of 294 Minnesota Minnesota Gambling Control Board 2023 How You May Spend Gambling Funds How You May Not Spend Gambling Funds Allowable expenses - Gambling funds may be spent for allowable expenses, such as: •gambling equipment (pull-tabs, bingo paper, bingo blower, paddlewheel tickets, tipboard games); •advertising; •printing raffle tickets; or •any services or goods that are directly related to the conduct of your gambling. Charitable contributions - Gambling funds may be spent for the following charitable contributions (lawful purpose): •to or by 501(c)(3) organization and 501(c)(4) festival organizations; •relieving the effects of poverty, homelessness, or disability; •problem gambling programs approved by the Minnesota Department of Human Services; •public or private nonprofit school; •scholarships (if a contribution is made to a scholarship fund, it must be made to a nonprofit organization whose primary mission is to award scholarships); •church; •recognition of military service (open to public) or active military personnel in need; •activities and facilities benefiting youth under age 21; •citizen monitoring of surface water quality, with data submitted to Minnesota PCA; •unit of government (NOTE: A direct contribution to a law enforcement or prosecutorial agency is not allowed); •wildlife management projects or activities that benefit the public-at-large, with DNR approval; •grooming and maintaining snowmobile or all-terrain trails that are grant-in-aid trails, or other trails open to public use, with DNR approval; •supplies and materials for DNR training and educational programs; •nutritional programs, food shelves, and congregate dining programs primarily for persons who are 62 or older or disabled; •community arts organizations or programs; •humanitarian service recognizing volunteerism or philanthropy; and •acquisition and repair of real property and capital assets (contact the Gambling Control Board for requirements). 1.Controlled contribution - An organization may not retain any control over any contribution made from gambling funds. The only exception is for expenditures by a 501(c)(3) organization or a 501(c)(4) festival organization to its general fund. 2.Financial gain - A contribution or expenditure may not be made if it results in any monetary, economic, financial, or material benefit to the organization making the contribution or expenditure. 3.Government - An expenditure may not be made for: •influencing the nomination or election of a candidate for public office; •promoting or defeating a ballot question; or •any activity intended to influence an election or a governmental decision- making process. 4.Law enforcement - A direct contribution may not be made to a law enforcement or prosecutorial agency. 5.Pension - A contribution may not be made to a government pension or retirement fund, such as a fire relief association. 6.Conflict of interest - A contribution or expenditure may not be made if it is not allowed under the conflict of interest provisions of the Minnesota Nonprofit Corpo-ration Act, Minnesota Statutes, Section 317A.255. 7.Alcohol - An expenditure may not be made for the purchase of any intoxicating liquor, wine, or malt beverages. 8.Fundraising - An expenditure may not be made for fundraising costs, except as allowed for a 501(c)(3) organization or 501(c)(4) festival organization from its general fund. 9.Other organizations - With few excep- tions, gambling funds may not be contrib- uted to other organizations or clubs such as veterans, fraternal, Lions, etc. unless it is a 501(c)(3) organization. 10.Other contributions - A contribution may not be made to a 501(c)(3) organization or another entity with the intent or effect of not complying with lawful purpose restrictions or requirements. 4/23 Page 3 of 3 Page 9 of 294 MINNESOTA GAMBLING CONTROL BOARD BINGO AND RAFFLE – Checklist for Excluded/Exempt Permits The purpose of this form is to help your organization conduct excluded/exempt gambling in compliance with the requirements listed below. Exempt and Excluded activities cannot be conducted in the same calendar year. The five forms of lawful gambling are bingo, paddlewheels, pull-tabs, raffles and tipboards. Detailed information regarding each requirement is available by clicking on the following links [in blue italics]: 1) applicable statutes and rules; 2) the Lawful Gambling Manual; 3) the online class, “Conduct of Raffles”; and 4) the phone number and email address of your county’s Licensing (license, permits and leases) and Compliance (conduct and reporting) Specialists. Check Box RAFFLES 1. Tickets are printed in accordance with MN Rule 7861.0310. 2. Tickets contain the sequential number of the raffle ticket. Theatre style tickets may be used. (349.173) 3. A list of prizes and a statement of other relevant information is made available to ticket purchasers. (349.173) 4. The organization must pay in full or otherwise become the owner of all prizes prior to the raffle drawing, except for raffles with gross receipts of $60 or less. (7861.0260) 5. A merchandise certificate is used when a prize requiring registration or licensure (guns, cars, ATVs, etc.) is offered. (7861.0260) 6. Prizes must not consist of lawful gambling equipment including raffle tickets for another raffle. (7861.0260) 7. The total value of lawful gambling prizes awarded (use fair market value for donated prizes) does not exceed $50,000 in a calendar year. (349.166) 8. Cash must not be substituted for merchandise prizes that have been won. (7861.0260 Subp. 4C(2)) 9. Alcohol is only awarded as a prize to persons who demonstrate that they are 21 years of age or older. (340A.707) 10. Only cash, personal checks, cashier’s checks, money orders, travelers’ checks, and debit cards may be accepted for the purchase of tickets (NO CREDIT CARDS – NO INTERNET SALES). (349.2127) (7861.0260) 11. The method of winner selection cannot be manipulated or based on the outcome of an event not under the organization’s control. (349.173) 12. Persons are not required to be present at a raffle drawing to be eligible to win. (349.173) (7861.0310) 13. Raffle tickets are not sold to or won by persons under age 18. (349.181) (7861.0310) 14. Purchasers are not required to buy anything other than the ticket. (349.173) (7861.0310) 15. Clear and legible house rules in accordance with MN Rule 7861.0310 are prominently posted at the point of winner selection. 16. An exempt permit financial report (LG220A) must be submitted to the Gambling Control Board within 30 days of the gambling occasion. (349.166) BINGO 1. Clear and legible house rules in accordance with MN Rule 7861.0270 are prominently posted at the point of winner selection. 2. House rules include the policy on declaring bingo and last number called. (7861.0270 Subp. 2A(1)) 3. House rules include the reasons for potentially cancelling bingo occasions. (7861.0270 Subp. 2A(1)) 4. All sales must be on a cash basis and take place at the permitted premises during or immediately prior to the bingo occasion. (NO CREDIT CARDS – NO INTERNET SALES) (7861.0270 Subp. 5B(1)) 5. Bingo paper must not be offered for free or discounted unless the price is reduced with a coupon. (7861.0270 Subp. 5B(7)) 6. Bingo balls must be available for inspection by at least one player before the occasion begins to determine that all are present and in operating condition. (7861.0270 Subp. 3A) 7. No reservation of bingo cards or bingo paper for any person (7861.0270 Subp. 3F) 8. Bingo records (including bingo program) must be kept for 3½ years. (7861.0270 Subp. 11) BINGO AND RAFFLES 1. Gambling records must be kept for 3½ years. (7861.0310) 2. Gambling funds may only be spent for allowable expenses and lawful purposes. (349.12 Subd. 3a) (349.12 Subd. 25) (mn.gov/gcb/faq-exemptexcluded.html) and (mn.gov/gcb/assets/infosheetspendinggamblingfunds.pdf) 7/23 Page 10 of 294 INTERNAL REVENUE SERVICE P.0.BOX 2508 CINCINNATI,OH 45201 Date:I“l 1 7 201‘ FARMINGTON ROTARY FOUNDATION 18860 ELGIN AVE FARMINGTON,MN 55024 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 36—4631800 DLN: 17053051354003 Contact Person: CUSTOMER SERVICE ID#31954 Contact Telephone Number: (877)829-5500 Accounting Period Ending: June 30 Public Charity Status: 509(a)(2) Form 990 Required: Yes Effective Date of Exemption: November 15,2010 Contribution Deductibility: Yes Addendum Applies: Yes We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3)of the Internal Revenue Code.Contributions to you are deductible under section 170 of the Code.You are also qualified to receive tax deductible bequests,devises,transfers or gifts under section 2055,2106 or 2522 of the Code.Because this letter could help resolve any questions regarding your exempt status,you Should keep it in your permanent records. Organizations exempt under section 501(c)(3)of the Code are further classified as either public charities or private foundations.We determined that you are a public charity under the Code section(s)listed in the heading of this letter. For important information about your responsibilities as a tax—exempt organization,go to www.irs.gov/Charities.Enter "422l—PC"in the search bar to View Publication 4221-PC,Compliance Guide for 501(c)(3)Public Charities, which describes your recordkeeping,reporting,and disclosure requirements. Letter 947 Page 11 of 294 FARMINGTON ROTARY FOUNDATION We have sent a copy of this letter to your representative as indicated in your power of attorney. Sincerely, 7”, Director,Exempt Organizations Letter 947 Page 12 of 294 FARMINGTON ROTARY FOUNDATION ADDENDUM Based on the information submitted with your application,we approved your request for reinstatement under Revenue Procedure 2014—113 Your effective date of exemption,as shown in the heading of this letter,is retroactive to the date of revocation.x ( Letter 947 Page 13 of 294 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the City Council Work Session dated June 3, 2024 Meeting: Regular Council - Jun 17 2024 INTRODUCTION: For Council review are the minutes of the June 3, 2024 Council Work Session. ACTION REQUESTED: Approve the minutes of the June 3, 2024 Council Work Session. ATTACHMENTS: 06.03.24 Work Session Minutes Page 14 of 294 Work Session Minutes of June 3, 2024 Page 1 of 2 City of Farmington City Council Work Session Minutes Monday, June 3, 2024 The City Council met in a Work Session on Monday, June 3, 2024, at Farmington City Hall, 430 3rd Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Hoyt called the Work Session to order at 5 pm. Members Present: Mayor Joshua Hoyt Councilmembers Holly Bernatz, Nick Lien, and Steve Wilson Members Absent: None Staff Present: Lynn Gorski, City Administrator Julie Flaten, Asst City Administrator/HR Director Deanna Kuennen, Community & Economic Development Director Tony Wippler, Planning Manager Kellee Omlid, Parks & Recreation Director Gary Rutherford, Police Chief John Powell, Public Works Director Dani Olson, GIS Specialist Shirley Buecksler, City Clerk Also Present: Katie Bernhjelm Alison Harwood, Director of Natural Resources, WSB Thom Jackson, MN AFCOM Chapter President 2. APPROVE AGENDA Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to approve the agenda, as presented. Motion carried: 4 ayes / 0 nays 3. DISCUSSION ITEMS 3.1 Alternative Urban Areawide Review (AUAR) and Data Center Overview – Information Session Director Kuennen presented, along with Alison Harwood, Director of Natural Resources at WSB and Thom Jackson, MN AFCOM Chapter President. The City of Farmington hired WSB to assist with the review and distribution, as well as the review of agency comments and preparation of the AUAR orders and adoption documents associated with two large areas. The City is the Responsible Government Unit (RGU) for the environmental review and the AUAR process, as Page 15 of 294 Work Session Minutes of June 3, 2024 Page 2 of 2 defined in Minnesota Rule 4410 specifically identifies when a review is required, who manages the process, what topics are covered in the review, and what happens following adoption of AUAR. Ms. Harwood provided information about the process, as well as information on what an AUAR is and what an AUAR isn’t. Mr. Jackson presented a data center overview. With the recent uptick in interest in data center development in Minnesota, it is important to understand why data centers exist, what data centers “look” like (including how they have evolved), and what the current concerns and benefits are as it pertains to this type of development. City Council asked questions and received answers. Discussion only, no direction. 4.COUNCIL COMMITTEE UPDATE No update. 5.CITY ADMINISTRATOR UPDATE The next scheduled work session is June 4th at 4 pm in the Council Chambers. This is a joint work session with the Planning Commission. 6.ADJOURNMENT Motion was made by Councilmember Lien and seconded by Councilmember Wilson to adjourn the meeting at 6:36 p.m. Motion carried: 4 ayes / 0 nays Respectfully submitted, Shirley R Buecksler City Clerk Page 16 of 294 Alternative Urban Areawide Reviews Pa g e 1 7 o f 2 9 4 Alternative Urban Areawide Review (AUAR) Process Relevant Terms and Definitions •EQB: Environmental Quality Board •AUAR: Alternative Urban Areawide Review •EAW: Environmental Assessment Worksheet •EIS: Environmental Impact Statement •RGU: Responsible Government Unit (City of Farmington) •Significant: cannot be undone and/or addressed through a formal review or permitting process. Pa g e 1 8 o f 2 9 4 Alternative Urban Areawide Review (AUAR) Process What is an AUAR •State environmental review document •Hybrid of an EAW and EIS •Studies the effects different development scenarios may have on the environment and community infrastructure •Updated every 5 years Purpose •Used as a planning tool •Identify the potential for cumulative impacts of anticipated development within an area •Identify mitigation measures for potential impacts •Informs future permitting, planning, and zoning decisions •Does not approve or deny a project Pa g e 1 9 o f 2 9 4 Alternative Urban Areawide Review (AUAR) Process When is a review required? •State statue (MN Rule 4410) requires environmental review for various types of development types and densities. •e.g., residential development exceeding 250 unattached units or 375 attached units; light industrial exceeding 300,000 square feet; industrial, commercial, or institutional exceeding 200,000 square feet •AUARs are an allowable type of environmental review for certain development types. •Eligible development types include: •Residential, commercial, warehousing, and light industrial •Who manages the AUAR? •City is RGU and is the owner of the document. •Future mitigation measures identified may be responsibility of developer or city –determined at time of plan review Pa g e 2 0 o f 2 9 4 Alternative Urban Areawide Review (AUAR) Process •Land Use and Cover Types •Required Permits/Approvals •Geology and Grading •Water Resources •Wildlife and Habitat •Contamination •Greenhouse Gas/Climate Impacts •Water and Sewer Infrastructure •Transportation •Historic Properties •Visual •Air and Noise •Cumulative Potential Effects •Mitigation Plan Topics covered in an AUAR Pa g e 2 1 o f 2 9 4 Alternative Urban Areawide Review (AUAR) Process AUAR Action RGU Adopts Order to Prepare AUAR RGU develops AUAR (note: document preparation is typically started prior to Order) RGU reviews and distributes Draft AUAR and Mitigation Plan for public and agency review Draft AUAR and Mitigation Plan available for 30-day public and agency review RGU revises Draft AUAR and Mitigation Plan based on comments from public and agencies RGU distributes Final AUAR and Mitigation to agencies and Met Council for final 10-day review and objection If no objections, RGU Adopts Final AUAR and Mitigation Plan RGU updates AUAR every 5 years until development build-out is complete Pa g e 2 2 o f 2 9 4 Alternative Urban Areawide Review (AUAR) Process What happens following adoption? •AUAR remains valid for the studied development scenarios for 5 years. •All development that occurs within the limits of the studied development scenarios is covered and does not require additional environmental review. •Developers will review and implement mitigation measures outlined in the AUAR as development progresses. •When to update the AUAR •The AUAR must be updated every 5 years. •The AUAR must be updated if a proposed development scenario is more dense/impactful than what was studied under the AUAR. Pa g e 2 3 o f 2 9 4 Questions Alison Harwood aharwood@wsbeng.com Pa g e 2 4 o f 2 9 4 Pa g e 2 5 o f 2 9 4 Pa g e 2 6 o f 2 9 4 Pa g e 2 7 o f 2 9 4 Pa g e 2 8 o f 2 9 4 Pa g e 2 9 o f 2 9 4 Pa g e 3 0 o f 2 9 4 Pa g e 3 1 o f 2 9 4 Pa g e 3 2 o f 2 9 4 Pa g e 3 3 o f 2 9 4 Pa g e 3 4 o f 2 9 4 Pa g e 3 5 o f 2 9 4 Pa g e 3 6 o f 2 9 4 Pa g e 3 7 o f 2 9 4 Pa g e 3 8 o f 2 9 4 Pa g e 3 9 o f 2 9 4 Pa g e 4 0 o f 2 9 4 Pa g e 4 1 o f 2 9 4 Pa g e 4 2 o f 2 9 4 Pa g e 4 3 o f 2 9 4 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the Regular City Council Meeting dated June 3, 2024 Meeting: Regular Council - Jun 17 2024 INTRODUCTION: For Council review are the minutes of the June 3, 2024 Regular City Council Meeting. ACTION REQUESTED: Approve the minutes of the June 3, 2024 Regular City Council Meeting. ATTACHMENTS: 06.03.24 Council Minutes Page 44 of 294 Regular City Council Meeting Minutes of June 3, 2024 Page 1 of 7 City of Farmington Regular Council Meeting Minutes Monday, June 3, 2024 The City Council met in regular session on Monday, June 3, 2024, at Farmington City Hall, 430 3rd Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Hoyt called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Hoyt led everyone in the Pledge of Allegiance. 3. ROLL CALL Members Present: Mayor Joshua Hoyt Councilmembers Holly Bernatz, Nick Lien, and Steve Wilson Members Absent: None Staff Present: Lynn Gorski, City Administrator Julie Flaten, Asst City Administrator/HR Director Leah Koch, City Attorney Deanna Kuennen, Community & Economic Development Director Matt Price, Interim Fire Chief Matt Brown, Fire Marshal Kellee Omlid, Parks & Recreation Director John Powell, Public Works Director Shirley Buecksler, City Clerk 4. APPROVE AGENDA Administrator Gorski requested to: • Add Item 12.1, Resolution 2024-50 Revising Precinct Boundary, Re- Establishing Existing Precinct Boundaries, and Establishing Polling Locations • Remove Item 7.13, Amendment to the Criminal Justice Network Joint Powers Agreement Motion was made by Councilmember Bernatz and seconded by Councilmember Wilson to add Item 12.1, remove Item 7.13, and approve the agenda, as amended. Motion carried: 4 ayes / 0 nays Page 45 of 294 Regular City Council Meeting Minutes of June 3, 2024 Page 2 of 7 5. ANNOUNCEMENTS / COMMENDATIONS 5.1 Appointment of Katie Bernhjelm as City Councilmember and Oath of Office Motion was made by Councilmember Wilson and seconded by Councilmember Lien to appoint Katie Bernhjelm as City Councilmember to fill the vacancy for the remainder of the term, beginning June 3, 2024 and ending December 31, 2024. Motion carried: 4 ayes / 0 nays The City Clerk provided the Oath for Councilmember Bernhjelm, after which she took her seat at the Council dais. 5.2 Swearing in Fire Chief and Fire Marshal Administrator Gorski presented for Council, Matt Price as the new Fire Chief for Farmington Fire-Rescue Department. The City Clerk provided the Oath of Office for Fire Chief Price, and he was pinned by his girlfriend, Nikki Sickmann. Fire Chief Price presented for Council, Matt Brown as the new Fire Marshal for Farmington Fire-Rescue Department. The City Clerk provided the Oath of Office for Fire Marshal Brown, and he was pinned by his wife, Kimberly Brown. 6. CITIZENS COMMENTS / RESPONSES TO COMMENTS No comments 7. CONSENT AGENDA 7.1 2025 Proposed Apple Valley/Lakeville/Farmington Ambulance Budget (A.L.F.) 7.2 Minutes of the May 20, 2024 Regular City Council Meeting 7.3 Minutes of the May 20, 2024 Special Work Session 7.4 Municipal Advisory Service Agreement with Northland Securities 7.5 Payment of Claim 7.6 Staff Changes and Recommendations: • Kennedy Meier, Seasonal Skating Instructor 7.7 Agreements with AV for You for Outdoor Movie Services 7.8 Resolution 2024-47 Accepting a Donation of $2,000 from Marlene Swantek to the Rambling River Center 7.9 Resolution 2024-46 Accepting a Donation of $500 from Nancy Bohn to the Rambling River Center 7.10 Resolution 2024-44 Accepting Donations to the Rambling River Center, in the Amount of $500 from the Farmington VFW and $745 from the Veteran’s Steak Fry Committee 7.11 No Child Left Inside Grant Contract Agreement with State of Minnesota 7.12 Temporary Access Easement Agreement with Vermillion River Watershed Joint Powers Organization 7.13 Amendment to the Criminal Justice Network Joint Powers Agreement – Item Pulled Page 46 of 294 Regular City Council Meeting Minutes of June 3, 2024 Page 3 of 7 Motion was made by Councilmember Wilson and seconded by Councilmember Bernhjelm to approve the Consent Agenda, as presented. Motion carried: 5 ayes / 0 nays 8. PUBLIC HEARINGS 8.1 Public Hearing – Resolution 2024-45 Approving the Tax Abatement and Authorizing the Issuance of Tax Abatement Bonds Mayor Hoyt opened the public hearing at 7:24 p.m. Seeing no one from the public wishing to speak, Mayor Hoyt closed the public hearing at 7:24 p.m. Motion was made by Councilmember Bernatz and seconded by Councilmember Bernhjelm to adopt Resolution 2024-45 Relating to a Tax Abatement; Granting the Abatement and Authorizing the Issuance of General Obligation Bonds Motion carried: 5 ayes / 0 nays 8.2 Public Hearing – Resolution 2024-48 Approving the Five-Year Street Reconstruction Plan and Authorizing the Issuance of General Obligation Bonds Mayor Hoyt opened the public hearing at 7:25 p.m. Seeing no one from the public wishing to speak, Mayor Hoyt closed the public hearing at 7:36 p.m. Motion was made by Councilmember Bernhjelm and seconded by Councilmember Wilson to adopt Resolution 2024-48 Approving the Adoption of the City’s Five-Year Street Reconstruction Plan and Authorizing the Issuance of General Obligation Street Reconstruction Bonds. Motion carried: 5 ayes / 0 nays 9. AWARD OF CONTRACT None 10. PETITIONS, REQUESTS AND COMMUNICATIONS None 11. UNFINISHED BUSINESS None Page 47 of 294 Regular City Council Meeting Minutes of June 3, 2024 Page 4 of 7 12. NEW BUSINESS 12.1 Resolution 2024-50 Revising Precinct Boundary, Re-Establishing Existing Precinct Boundaries, and Establishing Polling Locations Clerk Buecksler presented Resolution 2024-30 Revising Precinct Boundary, Re-Establishing Existing Precinct Boundaries, and Establishing Polling Locations. Due to the recent annexation of two parcels into Farmington Precinct 2, per Minnesota Statute 204B.14, subdivision 4, any change of election precinct must be adopted at least 10 weeks before the date of the next election. Motion was made by Councilmember Bernatz and seconded by Councilmember Wilson to adopt Resolution 2024-30 Revising Precinct Boundary, Re-Establishing Existing Precinct Boundaries, and Establishing Polling Locations. Motion carried: 5 ayes / 0 nays Councilmember Bernatz: A great night for our new Fire Chief and Fire Marshal, and I am excited to work with you, Katie. Thank you so much because I know once you’ve stepped away, the call to step back takes a lot of internal conversation a nd a lot of family finagling and it takes a village. So to your whole family, the gift that you’re giving us to step in and serve in this capacity, we are very grateful. Councilmember Bernhjelm: Happy to be back. I will echo in thanking my husband, especially, for allowing me to do this for the next seven months. It does take time commitment on his part to commit to children when I’m here, so I appreciate that. I’m thrilled to be back, and a little bit feels like I never left in some ways and trying to pick up where I left off, but happy to serve. Councilmember Wilson: Correction that Katie’s term is seven months, not nine. Welcome back, Katie. Congratulations to our high school seniors and also thank you to the school district who, with the not so favorable weather, did a really nice job for graduation. Congratulations to our new Fire Chief and our new Fire Marshal. Thank you to our Veterans, all the Veteran leaders, and Beyond the Yellow Ribbon for the two really nice programs that we had over Memorial Day weekend. I also want to thank the band and all the residents who showed up to make that portion of the weekend important, as it should be. Thank you to the residents who came to our Work Session tonight. We do have another Work Session tomorrow at 4 pm. I would encourage anyone who wants to learn a little bit more about some of the possible changes and activity that are going on in Farmington. Page 48 of 294 Regular City Council Meeting Minutes of June 3, 2024 Page 5 of 7 Administrator Gorski: The Joint Work Session with the City Council and Planning Commission will be tomorrow at 4 pm. Welcome back, Katie. You already picked up where you left off and we appreciate you being here. Congratulations to Fire Marshal Matt Brown and Fire Chief Matt Price, and we are so thankful for the Fire Department family that showed up. The room was packed, and we appreciate that. Thank you. Clerk Buecksler: Welcome, Katie, thank you for being here. Director Flaten: Welcome, Katie. Director Kuennen: Welcome, Katie. And congratulations to our Fire Chief and our Fire Marshal. One of the things that we do is we work really hard to find ways that we can support our existing businesses, as well as try to attract new businesses to the community. You’ll probably hear me mention this at every meeting leading up to it, but with the EDA’s blessing, we will be holding a Small Business Resource Fair on July 16th. We will be working on getting the word out to all of our businesses in town . The point of this resource fair is to make sure that these community assets, these small businesses that call Farmington home know that we are here to support them and know that we have partners, resources, and a lot of people dedicated to making sure they have what they need to allow them to stay and grow here in our community because they are very important to us. So we will be having that on July 16th, there will be information provided on our website, and we will be trying to contact all of the small businesses. So please spread the word that it will be here at City Hall in the morning. I’ll bring this up every opportunity I can to get the word out. We want our small businesses to know that we are here working for them, as well. Director Powell: Welcome to you, Katie. And congratulations to Chief Price and Fire Marshal Brown. I really look forward to working with both of them. We received the Jetter last Thursday and, from a Public Works standpoint, we’re very excited about that. It’s basically a big shop vac with a water tank attached but costs much more. I’ve already had feedback that, with the new technology and the way the equipment is laid out, we are going to save time with our jetting, just based on the ease of equipment, going from joysticks to push buttons, and the crew really Page 49 of 294 Regular City Council Meeting Minutes of June 3, 2024 Page 6 of 7 likes it. It’s going to be a big help to us, and it’s a key piece of sewer maintenance. Thank you, again, for supporting that. Director Omlid: Welcome back, Katie. I look forward to working with you. Congratulations to Fire Chief Price and Fire Marshal Brown. Thank you to a couple Rambling River Center members who made generous donations to the Rambling River Center, Marlene Swantek and Nancy Bo hn. Thank you so much for your ongoing support of the Rambling River Center. Summer programs start in two weeks. The Dew Run is three weeks away and it is not too late to register. Sign up online at farmingtonmn.gov and we’ll see you this summer. Chief Rutherford: One more time, Katie, welcome back. Also congratulations to Chief Price and Fire Marshal Brown. I think the Fire Department is on really solid footing moving forward with those two. And vote Chief Rutherford with your coins and bills for Kiss the Pig. Mayor Hoyt: As the last one – welcome back, Katie. I understand both sides of how the whole thing happened. Residents always want an answer to everything, and sometimes there’s a play on the field that has to be called and you reached out and asked if we would consider and we said yes. And how quickly you’re going to be able to just get right in. Knowing how you operate, you have gotten back in and got yourself up to speed and I just have to say, you’re going to really enjoy serving the next seven months. Welcome back. The community is better with five voices than it is with four, and there’s a lot of work to do. Thank you very much for raising your hand. Congratulations to Fire Chief Matt Price and Fire Marshal Matt Brown. This is significant for our Department to have Matt’s leadership, to have a plan moving forward, and to have the Team behind him and what that ultimately means to ou r residents and the ability for the Department to serve at the highest possible level. This is a great day for the Fire Department. It's that time of the year where we’re sprinting. We were just talking about having to salt and plow again and now it’s graduation. We’re going to sprint to Dew Days, and it’ll be the Fourth of July. Next thing you know the County Fair is going to be on us and we’ll be talking about Labor Day and back to school. It ’s going to happen fast. With that, follow the social pages, check the calendar, and stay on top of all the community events because we try to get as much of them out there as possible because there are so many things happening in the community that aren’t always on the City’s publications. Just get involved with the community, whether it’s Page 50 of 294 Regular City Council Meeting Minutes of June 3, 2024 Page 7 of 7 volunteering or being a patron for the events. Support Farmington in every possible way you can because that’s what makes it the greatest community to live in. 13. ADJOURNMENT Motion was made by Councilmember Bernhjelm and seconded by Councilmember Lien to adjourn the meeting at 7:49 pm. Motion carried: 5 ayes / 0 nays Respectfully submitted, Shirley R Buecksler City Clerk Page 51 of 294 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Minutes of the Joint Planning Commission and City Council Work Session dated June 4, 2024 Meeting: Regular Council - Jun 17 2024 INTRODUCTION: For Council review are the minutes of the Joint Planning Commission and City Council Work Session dated June 4, 2024. ACTION REQUESTED: Approve the minutes of the June 4, 2024 Joint Planning Commission and City Council Work Session. ATTACHMENTS: 06.04.24 Joint Work Session Minutes with Planning Commission Page 52 of 294 Work Session Minutes of June 3, 2024 Page 1 of 2 City of Farmington City Council Work Session Minutes Tuesday, June 4, 2024 The City Council met in a Joint Work Session with the Planning Commission on Tuesday, June 4, 2024, at Farmington City Hall, 430 3rd Street, Farmington, Minnesota. 1. CALL TO ORDER Mayor Hoyt called the Council Work Session to order, and Chair Rotty called the Planning Commission Work Session to order, at 4 pm. Members Present: Mayor Joshua Hoyt Councilmembers Holly Bernatz, Katie Bernhjelm (arrived at 4:03 pm), Nick Lien, and Steve Wilson Members Absent: None Staff Present: Lynn Gorski, City Administrator Julie Flaten, Asst City Administrator/HR Director Leah Koch, City Attorney Deanna Kuennen, Community & Economic Development Director Tony Wippler, Planning Manager Kellee Omlid, Parks & Recreation Director John Powell, Public Works Director Shirley Buecksler, City Clerk Also Present: Planning Commission: Chair Dirk Rotty Commissioners LeeAnn Lehto, Mitch Snobeck, Krista Tesky, and Phil Windschitl Tract Team: Kristin Dean, Director of Entitlements Kevin Arrow, Vice President, Land Development Phillip Sandino, Senior Vice President, Utility Development Keely Ambrose, Corporate Counsel – Entitlements Jess Walker, Development Manager Kimley-Horn: Alan Catchpool and Ashley Payne 2. APPROVE AGENDA Motion was made by Councilmember Wilson and seconded by Councilmember Bernatz to approve the agenda, as presented. The Planning Commission also approved the agenda, as presented. Motion carried: 10 ayes / 0 nays Page 53 of 294 Work Session Minutes of June 3, 2024 Page 2 of 2 3. DISCUSSION ITEMS 3.1 Introduction – Tract, Data Center Development Team A recent rezoning application has generated interest and questions about a proposed development on the south side of Farmington. The purpose of this meeting is to provide information about Tract, why this Farmington site, and address concerns that have been expressed. The intent is to provide factual information and answer questions that the City Council and Planning Commission have regarding the proposed development and identify a process moving forward that includes public access to more detailed site development information and provides more opportunities to engage with the development team. Topics addressed: 1. Introduction of the Tract Team 2. Data Center Overview 3. Why Farmington 4. Infrastructure Needs 5. Noise and Traffic 6. Job Creation 7. Economic and Community Benefits 8. Sustainability 9. Next Steps City Council asked questions and received answers. Introduction and discussion only, no direction. 4. COUNCIL COMMITTEE UPDATE No update. 5. CITY ADMINISTRATOR UPDATE No update. 6. ADJOURNMENT Motion was made by Councilmember Bernatz and seconded by Councilmember Lien, and motioned by Commissioner Tesky and seconded by Commissioner Windschitl to adjourn the meeting at 5:45 p.m. Motion carried: 10 ayes / 0 nays Respectfully submitted, Shirley R Buecksler City Clerk Page 54 of 294 Farmington, MN June 4, 2024 Joint Work Session with Planning Commission & City Council Pa g e 5 5 o f 2 9 4 Who We Are Tract is the trusted partner for planning responsible technology infrastructure. We create opportunities that bring economic development to communities What We Do Tract Business Model: Acquire raw land, create shovel- ready data center sites via, zoning, horizontal investment and infrastructure positioning We are reliant upon positive and cooperative relationships within the communities where we work. We are committed to developing these relationships and accountable to maintaining them for the long term. Access to Capital: We are well positioned to make capital commitments to our project sites and the communities where we develop. Value Proposition (Communities): Thoughtful Master Planned approach Value Proposition (End User): Speed and CertaintyBlenheim Project – Hanover County, VA Pa g e 5 6 o f 2 9 4 3 Leadership Jessica Bennett Chief Legal Officer L5 Be Well Grant van Rooyen Chief Executive Officer Graham Williams Chief Investment Officer Heidi Diemar Chief Business Officer Todd Stockard Chief Financial Officer Matt Spencer Chief Technical Officer Jeff Cox Chief Innovation OfficerNat Sahlstrom Chief EnergyOfficer Pa g e 5 7 o f 2 9 4 7 01 ProperPlanning When cities master plan growth, data centers, along with other critical infrastructure (i.e., airports), are best located away from residential centers. 02 GoodNeighbors New data center builds are aesthesticallypleasing, and generate minimal traffic, noise, or light pollution. 03 CommunityPartner with Positive Economic Benefits Data center companiesare actively engaged in the local community,investing millions in education, parks, and critical infrastructure. 04 Stewardship Major data center operators have amongthe most aggressive climate targets globally. Net Zero by2030 CommunityImpact When part of a thoughtful land use plan, data centers are good neighbors. Pa g e 5 8 o f 2 9 4 5 Farmington Tract Team Local Consultant Team Alan Catchpool, PE Ashley Payne Pa g e 5 9 o f 2 9 4 What We Do 6 Site Acquisition Deep experience architecting / siting networks and data center platforms Long-term orientation and focus to masterplan scale and efficiency Secure water rights and infrastructure Power Procurement Advance generation and transmission planning Contract transmission upgrades and substation builds Exclusive renewable energy PPAs and behind- the-meter solutions Construction Development Site grading and preparation Power, fiber, water extensions where needed Public and private access and easement master- planning Entitlements Master plan and appropriate zoning approvals are achieved through partnership with local jurisdiction Development agreements and other necessary approvals are finalized that set the course for continued development of the site. Pa g e 6 0 o f 2 9 4 What We Have Accomplished Active Markets Construction Development Entitlements Currently in over 10 markets across the US Successful approvals in multiple jurisdictions Breaking ground on multiple projects Pa g e 6 1 o f 2 9 4 Why We’re in Farmington, MN Power -Existing 345kV on property -Positive relationship with GRE and Dakota Energy Site -Adequate Site Access -Availability of water -Positive environmental qualities Connectivity -Important Site that fits architecturally into overall data network Local Economy -Emerging data center market in Minnesota -Excited to bring economic benefits to Farmington Pa g e 6 2 o f 2 9 4 7 Why are we Here Tonight Following City’s Rezoning Process Heard concerns and questions expressed at the May 14 PC Hearing Re-assessed process with Staff PUD process allows us to present more information up front and have more robust engagement with the community Pa g e 6 3 o f 2 9 4 7 Farmington Site Location Two Sites (348 ac): Fountain Valley Golf Club & Farmington Public Schools Total Developable Area: 205 ac (59%) Access from 220th / MN 50, 225th St. & Biscayne Ave. Existing power line south of the site Pa g e 6 4 o f 2 9 4 Tract Processes 11 Rezoning + PUD Overlay •Development Standards •Building Setbacks •Height •Parking •Landscaping •Development Areas •General Access locations •General Utility Layout •Street Standards •Identification of Environmental Features Preliminary and Final Plat •Establishes lot boundaries •Location and types of streets •Location and size of sewer lines and water mains •ROW dedication •Easements •Traffic Alternative Urban Areawide Review (AUAR) •Environmental review process •Fish, wildlife, and ecologically sensitive resources •Physical impacts on water resources •Water Use •Water Quality-Wastewater •Impact on infrastructure and public services •Erosion and sedimentation •Geologic hazards and soil conditions •Traffic •Archeological, historic, and architectural resources. •Mitigation Plans Pa g e 6 5 o f 2 9 4 Tract What we have heard 12 Concerns & Questions about: Location Noise Traffic Water use Power Tax Generation Sustainability Alternative uses Broader community benefits Need more information Pa g e 6 6 o f 2 9 4 Tract Power 13 Site is ideally suited with the 345kV line + planned infrastructure upgrades. Tract is engaged with Great River Energy & Dakota Electric Association (“Utilities”) Proceeding with Service Application and engineering studies to interconnect to the grid. Site is located at the eastern and southern edges of Farmington. Pa g e 6 7 o f 2 9 4 Tract Traffic 14 Traffic Impact Study Completed April 2024 Average Daily Trips At full build-out, campus will generate 273 Employees 2,498 Average Daily Trips projected Road Improvements MN 50 – Eastbound right and Westbound left turn lanes. MN 3 & 225th St. – Northbound right and Southbound left turn lanes. Optimize signal timing at adjacent intersections. Pa g e 6 8 o f 2 9 4 Tract Water and Wastewater 15 Taking advantage of Minnesota’s temperate climate, Tract is assuming that future DC developers will utilize Direct Evaporative Cooling (DEC) By using outside air that is pulled through a water saturated medium, DEC is the most cost-efficient way to cool a DC while using minimal water Capital Improvement Plan (CIP) to support Comp Plan Update Campus water and sewer capacity to be included in CIP DC industry is motivated to utilize reclaimed water Water and Wastewater Use System Infrastructure Impact Pa g e 6 9 o f 2 9 4 Tract Noise 16 Noise is regulated by the Minnesota Pollution Control Agency (MPCA) Residential (NAC 1): 60 -65 dBA daytime / 50-55 dBA nighttime Data Centers are categorized as NAC – 3 Noise from data centers cannot create noise that exceeds the dBA on adjacent residential property. Noise Studies Pa g e 7 0 o f 2 9 4 On-Site Generators 17 Noise Attenuation Generator Enclosures Exhaust Mufflers/Bellows Noise Deadening Material Louvers Air Permitting / Emissions Strict emissions standards per the Clean Air Act must be met All diesel generators require an EPA certified engine Permit limitations on generator run time EPA limits the following constituents as part of its emissions standards: Non-methane hydrocarbons Volatile Organic Compounds Nitrogen Oxides (NOx) Particulate Matter Carbon Monoxide Pa g e 7 1 o f 2 9 4 Tract Sustainability 18 Hyperscalers have Environmental, Social, & Governance (“ESG”) goals to meet based on corporate policies which encourage companies to act responsibly. The data center industry is a major buyer of “Power Purchase Agreements” for renewable energy. 2021: Amazon and Microsoft were the two largest corporate buyers of renewable energy in the world through PPA. Meta : Operations for their DCs have already reached net zero emissions and are supported by 100% renewable energy Google has a goal to run on 24/7 carbon-free energy on every grid where they operate by 2030. Microsoft, Google & Meta have a goal to replenish more water than they consume by 2030. Tract: ESG policy / Collaboration Agreement with Silicon Ranch align advanced renewable projects with future Data Center development in Nevada and Utah Pa g e 7 2 o f 2 9 4 Job Creation *The Impact of Data Centers on Virginia’s State and Local Economies 5th Biennial Report (April 2024)– Northern Virginia Technology Council 19 1. Data Center Operations (277 permanent jobs): •Network Engineers •Computer Programmers •Computer Support Specialists •Database Administrators •Computer Research Scientists •Security •HVAC 2. Construction Jobs: •Electricians •Mechanical Engineers •Utility Contractors •Plumbers •Steel Workers •Grading Contractor 3. Indirect Jobs : “For every job inside a Virginia data center, there are 3.5 additional jobs that are supported in the rest of the Virginia economy, not counting construction jobs.”* U.S Bureau of Labor Statistics Entry Level Education 2022 Median Annual Wage Computer & Information Research Scientist Computer and information research scientists design innovative uses for new and existing computing technology. Masters Degree $137,000 Computer Network Architects Computer network architects design and implement data communication networks, including local area networks (LANs), wide area networks (WANs), and intranets. Bachlor's Degree $127,000 Computer Programmers Computer programmers write, modify, and test code and scripts that allow computer software and applications to function properly. Bachlor's Degree $97,800 Computer Support Specialists Computer support specialists maintain computer networks and provide technical help to computer users. $59,660 Computer Systems Analysts Computer systems analysts study an organization’s current computer systems and design ways to improve efficiency.Bachlor's Degree $102,240 Database Administrators & Architiects Database administrators and architects create or organize systems to store and secure data. Bachlor's Degree $112,120 Information Security Analysts Information security analysts plan and carry out security measures to protect an organization’s computer networks and systems. Bachlor's Degree $112,000 Network & Computer Systems Administrators Network and computer systems administrators install, configure, and maintain organizations’ computer networks and systems. Bachelor's Degree $91,000 Pa g e 7 3 o f 2 9 4 Positive Economic Impacts to City of Farmington 20 Total 20 Year Estimated Tax Receipts $ 325,000,000 Average Annual Estimated Tax Receipts $ 16,000,000 Max Annual Estimate Tax Receipts $ 29,000,000 $0M $5M $10M $15M $20M $25M $30M $35M Real Property Tax Forecast for City of Farmington Examples for how funds can be allocated: •Schools, •Emergency services & First Responders •Increased salaries and benefits for employees •New parks & upgrades to existing parks •Upgrades to water and sewer infrastructure. Pa g e 7 4 o f 2 9 4 Community Benefits 21 Hyperscalers are recognized as providing significant contributions towards communities beyond tax generation: AWS: STEAM learning opportunities and pathways, partners with local educational organizations to connect the workforce with careers in data centers and technology Meta: Community Action Grants, STEM contributions, small business trainings Google: STEM grants, Skilled Trades and Readiness Program (STAR) Microsoft: $1.9B given to nonprofit organizations last year Tract •Storey County, NV: Exploring opportunities for community involvement such as sponsoring the County Middle and High School robotics team. Henrico County, VA: $60M Housing Trust Fund created from data center taxes. Louden County, VA: Reduced property taxes due to significant tax collection on data centers (2020 = $333M) Designed by Freepik: www.freepik.com Pa g e 7 5 o f 2 9 4 The Takeaway: 22 This project presents a unique mix of high fiscal impact and low infrastructure and public services impact. Expecting to grow to well over $16M annually of property tax receipts over 20 years Creating ~277 high quality permanent jobs over 20 years Variety of positions accessible to Farmington residents E.g. Electricians, HVAC techs, IT techs, engineers, security guards Transmission lines adjacent to the site on the south side. Water use will be less than medium density residential on the site Partnering with City on area-wide infrastructure improvements Low traffic impact Traffic for data center use at full build-out will be less than what would be generated for commercial development, low- density or high-density residential development. High Fiscal Impact Traffic ImpactLow Infrastructure Impact Smart Development, Without Disruptive Growth Pa g e 7 6 o f 2 9 4 Annexation of FPS Property Today Feb March April May June July Aug Sept Oct 2024 City Council Hearing / Approval Application and Review Process 20242024 Schedule 23 Application & Review Process Preliminary & Final Plat AUAR & Mitigation Plan Feb March April May June July Aug. Sept. Oct. Nov. Dec. 4/15 Rezoning 5/14Planning Commission Public Hearing 6/4Joint PC / CC Worksession + Initiate PUD Process TBDPrelim PUD Submittal TBD TBDPrelim PUD Planning Commission Hearing TBDPrelim PUD City Council Meeting TBDFinal PUD Planning Commission Meeting TBDFinal PUD City Council Meeting Application & Review Process TBDPrelim Plat Planning Commission Hearing TBDPrelim Plat City Council Meeting TBDFinal Plat Planning Commission Meeting TBDFinal Plat City Council Meeting Application & Review Process TBDCity Council Meeting to Adopt AUAR Rezoning Community Meeting Opportunity for Public CommentPa g e 7 7 o f 2 9 4 Tract Project Website 24 •Launch Date: TBD •Project Information •Project Updates •Timeline •FAQs •Contact Information Pa g e 7 8 o f 2 9 4 Thank you Pa g e 7 9 o f 2 9 4 26Pa g e 8 0 o f 2 9 4 Tier 2: Indirect Tax Impact Taxes on sales / property with the data center supplychain Income tax on construction workers, datacenter operations staff, and individuals in the supplychain Tier 1 Tax Generation Taxes paid directly by data center operators on investment including real estate,personal property, business license, utility, and sales tax onequipment Tier 3: Job Creation Each direct job associated with the project could see ~3 indirect jobs in the community. Supporting jobs like HVAC, maintenance, and others. Hundreds of additional construction jobs through the life of the project. Data Centers are economic drivers. Potential Economic Benefits Pa g e 8 1 o f 2 9 4 Other Questions 28 •Impact on property values •Impact on parkland •How is this different from other industrial development •Impact on livelihoods •Difference b/t private vs. commercial DCs. •What happens if DCs not built? PUD will control that. Pa g e 8 2 o f 2 9 4 On-Site Generators 29 Generators are used for back-up power 3MW generators are industry standard Fuel Storage Fuel is stored in individual “Belly-Tanks” which are double-walled and monitored for leaks Generators are protected on site through use of bollards and other traffic deconflicting measures Re-Fueling Overfill Protection Valves Fill port containment boxes Spill Prevention, Control and Countermeasure (SPCC) plan must be in place at each facility Generator Testing Industry Standard: 30 min/month @ 30% load Industry is moving towards: 10 min/month unloaded with annual 30 min test at full load. Pa g e 8 3 o f 2 9 4 On-Site Generators 30 Fuel Vents Secondary Containment Structure (Monitored for leaks)Protected Fuel Storage Support Structure (Typical) Typical Belly Tank Design Typical Belly Tank Section Fuel Fill Overflow Box and Overfill Prevention Valve Engine Fluid (Coolant and Oil) Containment Primary Tank Leak Alarm Switch Fuel Level Sensor Cluster Pa g e 8 4 o f 2 9 4 31 Why are data centers important? Data centers house critical infrastructure in our modern economy with customers across every industry and supply technologies we use everyday. NEWS MEDICAL RECORDS ONLINE BANKING STREAMING PHONE USE / SOCIAL MEDIA SMALL BUSINESS REMOTE WORK SPORTS FIRST RESPONDERS February 2024 Hanover Public HearingPa g e 8 5 o f 2 9 4 Tract Cooling Systems 32Image by Freepik.com: <a href="https://www.freepik.com/free-ai-image/n-server-room-you-ll-notice-green-lights-signaling-energyefficient-operations_77714031.htm#fromView=search&page=1&position=1&uuid=83f3a093-c3b5-46c7-bc0a- 0edb9a919799">Image by rorozoa on Freepik</a> Indirect Evaporative Cooling (IDEC) • Fluid-cooler utilizes water evaporation to cool air flowing through an external dan-driven air-to-water heat exchanger to remove heat from the data center and return chilled cooling to it. This is a “closed-loop” system that circulates cool air within and does not require potable water. • When outside air is cool enough, the fluid cooler will switch to dry mode, using no water at all. Direct Evaporative Cooling (IDEC) • Utilizes the direct evaporation of water to produce significant cooling and humidification with low energy consumption. Outside air is drawn through a wet medium. Water evaporates and delivers cool air into the data center. Pa g e 8 6 o f 2 9 4 Tract Cooling Systems 33 •Direct-to-chip cooling:Direct-to-chip cooling systems are among the most effective methods for cooling an entire server room because they cool the processors directly. This technique uses flexible tubes containing fluid that absorbs the heat and carries it away from the equipment. •Evaporative cooling:Because evaporative cooling relies on the natural evaporation of water to cool an area, it is one of the most economical and environmentally friendly cooling processes. This method draws warm air across a wet filter or pad to absorb the heat, then redistributes the remaining cool air. Some evaporative cooling methods use water distributed from a misting system, which works well for data centers with humidity controls. Pa g e 8 7 o f 2 9 4 Tract Water and Wastewater 34 - 50,000,000 100,000,000 150,000,000 Data Center Low Density Residential High Density Residential Gallons/Year Estimated Yearly Water Usage on Site Taking advantage of Minnesota’s temperate climate, Tract is assuming that future DC developers will utilize Direct Evaporative Cooling (DEC) By using outside air that is pulled through a water saturated medium, DEC is the most cost-efficient way to cool a DC while using minimal water Estimates show that the water use to support DEC cooling on this site are below the water usage if the site was development as medium density residential City is undertaking system-wide utility improvements and finalizing a Capital Improvement Plan (CIP) to support the 2040 Comp Plan Update Campus water and wastewater usage will be included in CIP and additional infrastructure will be constructed to support campus development City considering creating a reclaimed water system – reducing the need for domestic water to cool the DCs Water and Wastewater Use System Infrastructure Impact Pa g e 8 8 o f 2 9 4 Potential Economic Impact 5 Tier 2: Indirect Tax Impact Taxes on sales / property with the data center supplychain Income tax on construction workers, datacenter operations staff, and individuals in the supplychain Tier 1 Tax Generation Taxes paid directly by data center operators on investment including real estate,tangible property, business license, utility, and sales tax onequipment Tier 3: Job Creation Each direct job associated with the project could see as many as 3.5indirect jobs in the community. Supporting jobs like HVAC, maintenance, and others. Hundreds of additional construction jobs through the life of the project. Data Centers are economic drivers. Tier 4: Community Contributions Each direct job associated with the project could see as many as 3.5indirect jobs in the community. Supporting jobs like HVAC, maintenance, and others. Hundreds of additional construction jobs through the life of the project. Pa g e 8 9 o f 2 9 4 Tract Noise 36 Noise is regulated by the Minnesota Pollution Control Agency (MPCA) For residential locations (NAC 1), the limits are L10 = 65 dBA and L50 = 60 dBA during the daytime (7:00 a.m. – 10:00 p.m.) and L10 = 55 dBA and L50 = 50 dBA during the nighttime (10:00 p.m. – 7:00 a.m.) Data Centers are categorized as NAC – 3 Noise from data centers cannot create noise that exceeds the dBA on adjacent residential property. A noise study is underway. Noise generated from on-site equipment can be mitigated via: Building, equipment and generator orientation Shielding of equipment with walls, berms, and landscaping Silencers, mufflers, and enclosures Vibration isolators Equipment selection Designed by Freepik: www.freepik.com Pa g e 9 0 o f 2 9 4 Economic Impacts to Farmington Public Schools if Residential Built 37 Medium density residential development would cost the FPS district $3M to $5M /year. Data Center development will add 0 students and pose no impacts to the school district. The school district and the City will benefit from a positive tax contribution from data center development. Pa g e 9 1 o f 2 9 4 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kim Sommerland, Finance Director Department: Finance Subject: Payment of Claims Meeting: Regular Council - Jun 17 2024 INTRODUCTION: Attached is the list of check and electronic payments for the period of 05/29/2024-06/12/2024 for approval. DISCUSSION: Not applicable BUDGET IMPACT: Not applicable ACTION REQUESTED: Approve payment of claims. ATTACHMENTS: Council Summary Payment of Claims 06-17-2024 Page 92 of 294 CLAIMS FOR APPROVAL 05/29/2024 ‐ 06/12/2024: CHECK PAYMENTS 461,676.99$ ELECTRONIC PAYMENTS 797,452.74$ TOTAL 1,259,129.73$ The City Council receives a detail list of claims paid that is available to the public upon request. CITY OF FARMINGTON SUMMARY PAYMENT OF CLAIMS June 17, 2024 Page 93 of 294 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Julie Flaten, Asst City Admin/HR Director Department: HR Subject: Community Service Officer Meeting: Regular Council - Jun 17 2024 INTRODUCTION: Approve the job description and compensation classification for the Community Service Officer position. DISCUSSION: A Community Service Officer (CSO) provides support in crime prevention, investigation and response where full police powers are unnecessary and assists Police Officers in upholding law and order in the community. It has been several years since the City of Farmington employed CSO's. Giving the challenging hiring environment for sworn Police Officers, Chief Rutherford has identified opportunities where CSO's could assist fully sworn Officers with daily tasks. BUDGET IMPACT: Wages will be funded by Police Officer vacancy savings. ACTION REQUESTED: Approve the job description and compensation classification for the Community Service Officer position. ATTACHMENTS: DBM Job Evaluation Memo_Community Service Officer_FINAL_053124 Community Service Officer Page 94 of 294 MEMORANDUM TO: Julie Flaten, Human Resources, City of Farmington, MN FROM: Gallagher Benefit Services - Public Sector & Higher Education Practice DATE: May 31, 2024 SUBJECT: Job Evaluation The following memo outlines our job analysis and recommendation for the Community Service Officer position using the Decision Band Method®. Gallagher reviewed the job description and/or Position Description Questionnaire (PDQ) to understand the essential duties of the role. In addition, we reviewed the org chart, other comparable job descriptions, and current classification hierarchy to ensure internal equity was maintained. The evaluation results are included in this memo. We appreciate the opportunity to assist the City of Farmington with its classification needs. If you have any questions or concerns, please feel free to contact Yumi Zhu at Yumi_Zhu@ajg.com or Charmain Kohler at Charmain_Kohler@ajg.com. We look forward to assisting you again in the near future. Page 95 of 294 ©2024 Arthur J. Gallagher & Co. All rights reserved. Position: Community Service Officer This is a new position and not currently rated. Position Summary: This Community Service Officer is responsible for assisting other departments including the Patrol, Administration, and Investigations Division by having direct communication with the general public in person, by phone and other electronic means. Position Analysis: We have examined the essential duties of this position and have evaluated the position u sing the Decision Band Method®. The job evaluation shows the following: Highest Banded and Graded Task: B2 Percent of Time on High Banded Tasks: ~75% Degree of Difficulty/Diversity: Low-to-Moderate Overall, the significant job duties performed by this position involve conducting "operational” decision making within limits set by the specific process established at higher levels. This position’s decision-making involves choosing how the operations are conducted, but not as to what operations constitute the process. The position receives a grade of two (2) because the incumbent is non-coordinating, meaning he/she does not directly supervise staff. Overall, the position receives a subgrade of two (2) because of the low-to-moderate complexity and diversity of tasks in the B2 band and grade . Recommended rating: B22 Page 96 of 294 CITY OF FARMINGTON, MN CLASS SPECIFICATION CLASS SPECIFICATION TITLE: COMMUNITY SERVICE OFFICER 1 BAND GRADE SUBGRADE FLSA STATUS: B 2 2 Non-exempt CLASS SUMMARY: This class is non-sworn and responsible for performing duties involving direct contact with the general public in person, by phone and other electronic means. This position will assist other department personnel in duties that do not require arrest powers or armed response capability. TYPICAL CLASS ESSENTIAL DUTIES: (These duties are a representative sample; position assignments may vary.) FRE- QUENCY BAND/ GRADE 1. Assists the Patrol Division by: - Providing animal control services including, but not limited to, responding to animal complaints, capture and impoundment of stray dogs, investigations relating to dog bites to include follow- up and dangerous dog recommendations. - Enforcing motor vehicle parking ordinances and can authorize vehicles to be towed. - Providing traffic control as required at crash scenes, disabled vehicles, or other traffic hazards. - Providing fingerprinting services to members of the general public. - Conducting courtesy and custodial transports as requested. - Performing vehicle unlocks as requested. - Identifies possible abandoned or stolen vehicles and reports the same to authorities. - Deploying the speed monitoring trailer as directed. D-50% Page 97 of 294 CITY OF FARMINGTON, MN CLASS SPECIFICATION CLASS SPECIFICATION TITLE: COMMUNITY SERVICE OFFICER 2 2. 3. Assists the Administrative Division by: - Performing light clerical tasks including filing, data entry and retrieval, and answering telephones as requested. - Performing periodic detailing of the department fleet. - Performing periodic maintenance and inventory of all fleet equipment. - Delivering vehicles to/from scheduled maintenance appointments. - Assisting the Community Engagement Team at public outreach events. - Assisting instructors at various department training courses with logistics and/or role-playing functions. - Conducting car seat installations and inspections. Assists the Investigations Division by: - Performing delivery or pickup of reports, video recordings, or other evidence from various law enforcement agencies, businesses, and/or individual victims or witnesses to crimes. - Assisting at crime scenes to include providing extended security coverage. - Deploying the mobile IP camera trailer to vulnerable areas as directed. D – 40% W - 10% 4. Performs other duties of a similar nature or level. As Required NB Training and Experience (positions in this class typically require): High School diploma or GED equivalent. Licensing Requirements (positions in this class typically require): • Valid MN Driver’s License Knowledge (position requirements at entry): Knowledge of: • Some knowledge of law enforcement principles, procedures, and techniques. • Some knowledge or parking enforcement principles. • City of Farmington geography. • Basic computer operations (Microsoft Word) Page 98 of 294 CITY OF FARMINGTON, MN CLASS SPECIFICATION CLASS SPECIFICATION TITLE: COMMUNITY SERVICE OFFICER 3 Skills (position requirements at entry): Skill in: • Excellent verbal and written communication skills including knowing when to use tact and diplomacy. • Must be self-confident, courteous, and dependable. • Willing to take initiative and to assert self appropriately • Must have good problem solving and decision making skills including using solutions which involve taking risks. • Ability to work independently and as a team member. • Ability to develop positive working relationships and maintain a respectful work environment. • Excellent customer service skills including the ability to maintain composure under pressure. • Ability to effectively handle stress and stressful situations. Physical Requirements: Positions in this class typically require: climbing, balancing, stooping, kneeling, crouching, crawling, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, feeling, talking, hearing, seeing and repetitive motions. Medium Work: Exerting up to 50 pounds of force occasionally, and/or up to 20 pounds of force frequently, and/or up to 10 pounds of force constantly to move objects. Incumbents may be subjected to moving mechanical parts, electrical currents, vibrations, fumes, odors, dusts, gases, poor ventilation, chemicals, oils, extreme temperatures, inadequate lighting, work space restrictions, intense noises and travel. NOTE: The above job description is intended to represent only the key areas of responsibilities; specific position assignments will vary depending on the business needs of the department. Classification History: Draft prepared by City of Farmington Date: 05/2024 Page 99 of 294 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Julie Flaten, Asst City Admin/HR Director Department: HR Subject: Staff Changes and Recommendations Meeting: Regular Council - Jun 17 2024 INTRODUCTION: Approve the appointment of Torri Wolf as a Senior Administration Support Technician and Sue Bastian as a Temporary Elections Assistant. DISCUSSION: The role of Senior Administration Support Technician will fall under the Finance Department and also serve as the first point of contact in person and by phone for residents of Farmington at City Hall. Torri Wolf has been working in a similar role for ISD 196 for several years and also has some previous accounting experience. We look forward to having her join our team later in June. Sue Bastian is being recommended to serve as a Temporary Elections Assistant. Sue has worked as an elections judge for both cities and school districts since 2006 including Farmington. Sue will work with the City through the November General Election. BUDGET IMPACT: Wages are included in the 2024 budget. ACTION REQUESTED: Approve the appointment of Torri Wolf as a Senior Administration Support Technician and Sue Bastian as a Temporary Elections Assistant. Page 100 of 294 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Kellee Omlid, Parks & Recreation Director Department: Parks & Recreation Subject: Donation of Flowers for Downtown from the Farmington Rotary Meeting: Regular Council - Jun 17 2024 INTRODUCTION: Flowers for the downtown were donated by the Farmington Rotary. DISCUSSION: The Farmington Rotary paid for the flowers downtown; this includes all the hanging baskets. The value of the flowers is $1,024.98. Staff will communicate the City’s appreciation on behalf of the City Council to the Farmington Rotary for this generous donation. ACTION REQUESTED: Adopt Resolution 2024-52 Accepting the Donation of Flowers for the Downtown from the Farmington Rotary, valued at $1,024.98. ATTACHMENTS: 2024-52 Accepting Downtown Flowers from the Farmington Rotary Page 101 of 294 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-52 A RESOLUTION ACCEPTING A DONATION OF FLOWERS FOR DOWNTOWN FROM THE FARMINGTON ROTARY WHEREAS, the City of Farmington is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens and is specifically authorized to accept gifts, as allowed by law; and WHEREAS, the following persons and entities have offered to contribute to the City: The Farmington Rotary has donated flowers for downtown valued at $1,024.98; and WHEREAS, it is in the best interest of the City to accept this donation. NOW, THEREFORE, BE IT RESOLVED that Mayor Hoyt and the Farmington City Council hereby accept with gratitude the generous donation of flowers for downtown valued at $1,024.98 from the Farmington Rotary. Adopted by the City Council of the City of Farmington, Minnesota, this 17th day of June 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 102 of 294 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Professional Services Agreements with Advanced Engineering and Environmental Services (AE2S) for the Farmington East and Farmington West Serviceability Analysis Meeting: Regular Council - Jun 17 2024 INTRODUCTION: As part of the City's update of the Comprehensive Plan, the infrastructure elements also need to be updated based on the future land use. The draft updated land use mapping has progressed to the point where we have assumptions to use when evaluating the sanitary sewer and water systems. Two areas of the city will need in-depth analysis as part of the comprehensive plan update; we are referring to these areas as Farmington West and Farmington East. DISCUSSION: On February 21, 2023, the City Council approved the Consultant Pool for 2023-2027. Advanced Engineering and Environmental Services (AE2S) is one of the firms in the consultant pool, has expertise in this area, and is currently updating the City's sanitary sewer and water models. We have had extensive discussions about these areas. Based on these discussions, AE2S has prepared the attached scopes and budgets. The City asked AE2S to break the work down into two areas for cost control and tracking, as the analysis involves a significant work effort. Farmington West There are primarily three areas in western Farmington that require more detailed comprehensive planning sanitary sewer and water analysis: In 2007, the City entered into an agreement with the Metropolitan Council Environmental Services (MCES) for the installation of a MCES interceptor along Flagstaff Avenue. This agreement and Lakeville from flows contributing regard with assumptions made to Farmington. This flow information, as well as the water system demand, needs to be updated to determine capacity available to serve future development areas along Flagstaff Avenue, north of 200th Street West. In the recent past, the City had conversation with the MCES about installing a City sanitary trunk line along the Pilot Knob Road corridor from north of CR 50 to the MCES interceptor near the Vermillion River. Water system needs in this area also need to be reviewed in order to coordinate work in this area with future Vita Attiva roadway construction. The proposed Vermillion Commons 4th Addition has been submitted for review; it is located on the north side of 220th Street, on the east side of the Vermillion River. More detailed sanitary and water service extension planning along 220th needs to be completed such that it can be reviewed with Eureka Township. Page 103 of 294 Farmington East Sewer District D6 serves the southeast portion of the city. The existing comprehensive plan identifies the need for a future trunk sewer along the Biscayne Avenue alignment from 225th Street to Interceptor 7103-1, which is located just north of the Vermillion River. To serve future demand in D6, the City needs to complete a more detailed evaluation of design options for the Farmington East Trunk Sewer. The MCES has plans for a future interceptor along the Biscayne Avenue alignment; the City needs to consider both the local needs and the future needs of the region when evaluating the capacity, cost, and alignment of the sanitary sewer in this corridor. Detailed discussions will take place with MCES representatives about these issues. In order to provide for regional needs, as well as the City’s immediate capacity needs, a partnership with MCES may be the most efficient and cost-effective option. the in identified and Plan, Transportation as Dakota the per Further, County Rosemount/Empire/UMore Transportation System Study, 2009, county highway extension is planned for CR 73 from CSAH 42 to TH 50 along the Biscayne Avenue alignment. Any sewer improvements in this area will need to preserve space for the future roadway corridor, similar to the 75-foot half right-of-way which was dedicated as part of the Sapphire Lake subdivision. Work Scope The works scopes for the east and west areas are very similar and include the following: Project Communications Sanitary Sewer System Analysis (including flow monitoring) Water Distribution System Analysis Agency Coordination Cost Estimates Feasibility Study Report As detailed on the attached proposals, the work scope for these efforts goes well beyond AE2S previous authorization to update the system models. These additional efforts include: Extensive agency coordination with the MCES, possibly leading to a partnership for installing and operating the improvements. Coordination with Dakota County to coordinate future easement needs, possibly leading to a partnership for right of way preservation. Sanitary sewer flow monitoring via meters to gather two months of data in six locations; this will help identify Inflow and Infiltration (I&I) areas. Evaluation of existing, projected 2040, and ultimate water demand and sewer flows for the study areas. Evaluation and cost estimates for multiple options to meet the City's future needs. Though the Farmington East study is being led by Farmington, Staff will also be coordinating with the City of Empire as it pertains to any impacts within their boundaries. For joint use facilities, we will obtain any flow assumption information from Empire if it is not already aggregated into projected flow data from MCES. Preparation of the Farmington West and Farmington East studies is essential to allow Staff to continue providing accurate data to developers in these areas of the city. After approval, the City's standard Professional Service Agreement (PSA) will be prepared and executed for each study area. BUDGET IMPACT: Work under these contracts will be billed hourly for a cost not to exceed $90,100 for Farmington Page 104 of 294 West and $85,700 for Farmington East. The improvements that will be considered under these studies non-lateral considered are and whole a (trunk) systems utility the benefit will as improvements. Therefore, the cost for the studies will be shared equally between the Sanitary Sewer Trunk Fund and the Water Trunk Fund. ACTION REQUESTED: Environmental and Engineering Advanced Services Agreements Professional Approve with Services (AE2S) for the Farmington East and Farmington West Serviceability Analysis. ATTACHMENTS: Farmington West Serviceability Analysis AE2S Scope and Fee Farmington East Serviceability Analysis AE2S Scope and Fee Page 105 of 294 224345v1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this 17th day of June, 2024, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and Advanced Engineering and Environmental Services LLC (AE2S), a North Dakota Limited Liability Company, whose business address is 6901 East Fish Lake Rd, Suite 184, Maple Grove, MN 55369 (hereinafter "Engineer"). PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on Exhibit “A” attached hereto. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set forth on the attached Exhibit “A”. The Engineer agrees to perform the services. Engineer shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit “A”. The Work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the State of Minnesota, who shall attest that the Work will be performed in compliance with all applicable codes and engineering standards. The Work shall be performed in accordance with the Contract Documents, which includes this Agreement and the attached Exhibits: Exhibit “A” – Scope of Services, Exhibit “B” – Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit “A”, (iii) Exhibit “B”. 2. REPRESENTATIVES. City has designated John Powell, Public Works Director/City Engineer (the “City Representative”), and the Engineer has designated Justin Klabo, Operations Manager (the “Engineer Representative”). The City Representative and the Engineer Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed. 3. COMPENSATION FOR SERVICES. Engineer shall be paid by the City for the services described in Exhibit “A” on an hourly basis in accordance with the attached fee schedule, Exhibit “B”, but not to exceed $90,100 inclusive of taxes and reimbursable costs. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Engineer shall require prior written approval by the Page 106 of 294 224345v1 authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Engineer when required by the complex or specialized nature of the Project and when authorized in writing by the City. 4. COMPLETION DATE/TERM. The Engineer must complete the Services by October 31, 2024. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Engineer may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Engineer also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement does not relieve any liability on the part of the Engineer, but any use of the Information by the City or the Engineer beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Engineer shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the Services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Engineer’s books, records, documents, and accounting procedures and practices related to services provided to the City are subject to examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six years. 7. STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. Engineer shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Engineer’s breach of this standard of care. Engineer shall put forth reasonable efforts to complete its duties in a timely manner. Engineer shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Engineer shall be responsible for costs, delays, or damages arising from unreasonable delays in the performance of its duties. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Engineer’s services. 8. INDEMNIFICATION. The Engineer shall defend, indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all judgments, claims, damages, demands, actions, causes of action, including costs and attorney's fees paid or incurred resulting from any breach of this Agreement by Engineer, its agents, contractors and employees, or any Page 107 of 294 224345v1 negligent or intentional act or omission performed, taken or not performed or taken by Engineer, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Engineer harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 9. INSURANCE. a. General Liability. Prior to starting the Work, Engineer shall procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by Engineer or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Engineer shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $2,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Commercial General Liability requirements may be met through a combination of umbrella or excess liability insurance. The City shall be named as an additional insured on the general liability and umbrella policies. c. Professional Liability Insurance. In addition to the coverages listed above, Engineer shall maintain a professional liability insurance policy in the amount of $2,000,000 per claim and aggregate. Said policy need not name the City as an additional insured. Page 108 of 294 224345v1 d. Engineer shall maintain “stop gap” coverage if Engineer obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Farmington” as an additional insured. f. All policies, except the Professional Liability Policy and Automobile Policy, shall apply on a “per project aggregate” basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. i. All polices, except the Worker’s Compensation Policy Professional Liability Policy and Automobile Policy, shall insure the defense and indemnity obligations assumed by Engineer under this Agreement. j. Engineer agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Engineer’s responsibility to pay any retention or deductible for the coverages required herein. l. The Engineer’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. m. Engineer shall maintain in effect all insurance coverages required under this Paragraph at Engineer’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing and all insurance policies shall be on ISO forms acceptable to the City. n. A copy of the Engineer’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Engineer’s Work. Upon request a copy of the Engineer’s insurance declaration page, rider and/or endorsement, as applicable shall be provided. Such documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Engineer has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, rider, endorsement, certificates, or other evidence Page 109 of 294 224345v1 of insurance, or to advise Engineer of any deficiencies in such documents and receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City’s right to enforce the terms of Engineer’s obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. o. Effect of Engineer’s Failure to Provide Insurance. If Engineer fails to provide the specified insurance, then Engineer will defend, indemnify, and hold harmless the City, the City's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Engineer, its subcontractors, agents, employees or delegates. Engineer agrees that this indemnity shall be construed and applied in favor of indemnification. Engineer also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity in Article 8, the City may require Engineer to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Engineer's insurance company. Engineer will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall Page 110 of 294 224345v1 comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed services provided by subcontractor within ten (10) days of Engineer’s receipt of payment from City. Engineer must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 12. ASSIGNMENT AND THIRD PARTIES. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and Engineer and not for the benefit of any other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings related to this contract shall be venued in the Dakota County District Court. 16. COPYRIGHT. Engineer shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings, or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 17. RECORDS. The Engineer shall maintain complete and accurate records of time and expense involved in the performance of services. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Engineer must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Engineer pursuant to this Agreement. Engineer is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Engineer receives a request to release data, Engineer must immediately notify City. City will give Engineer instructions concerning the release of the data to the requesting party before the data is released. Engineer agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Engineer’s officers’, agents’, partners’, employees’, volunteers’, assignees’, or Page 111 of 294 224345v1 subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 19. TERMINATION. This Agreement may be terminated by City on thirty (30) days’ written notice delivered to Engineer at the address on file with the City. Upon termination under this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Engineer has failed to perform in accordance with this Agreement, no further payment shall be made to the Engineer, and the City may retain another engineer to undertake or complete the work identified in Paragraph 1. 20. NON-DISCRIMINATION. During the performance of this Agreement, the Engineer shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Engineer shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Engineer shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Engineer further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 21. SURVIVAL. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 22. SERVICES NOT PROVIDED FOR. Claims for services furnished by the Engineer not specifically provided for herein shall not be honored by the City. 23. SEVERABILITY. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 24. CONFLICTS. No officer or salaried employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. NOTICES. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 26. WAIVER. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Page 112 of 294 224345v1 27.COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated: June 17, 2024 CITY: CITY OF FARMINGTON By: Joshua Hoyt Mayor By: Shirley R Buecksler City Clerk Dated:__________________, 20___ ENGINEER: By: _____________________________ [print name] Its __________________________ [title] Page 113 of 294 224345v1 EXHIBIT “A” SCOPE OF SERVICES AND EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Page 114 of 294 June 12, 2024 Mr. John Powell, PE Public Works Director / City Engineer City of Farmington 430 Third Street Farmington, MN 55024 Re: Farmington West Serviceability Analysis Proposal City of Farmington, MN Dear Mr. Powell: Thank you for the opportunity to submit this proposal to complete a serviceability analysis to provide sewer and water service to future growth areas within the City of Farmington (City). Based upon the information provided to the AE2S project team in previous meetings, we are confident that the following general scope of services and associated fee proposal will meet the City’s needs. Project Understanding There are primarily three areas in western Farmington that require more detailed comprehensive planning for sanitary sewer and water analysis: •In 2007, the city entered into an agreement with the MCES for the installation of a MCES interceptor along Flagstaff Avenue. This agreement made assumptions with regard to contributing flows from Lakeville and Farmington. This flow information, as well as the water system demand, needs to be updated to determine capacity available to serve future development areas along Flagstaff Avenue, north of 200th Street West. •In the recent past, the city had conversation with the MCES about installing a city sanitary trunk line along the Pilot Knob Road corridor from north of CR 50 to the MCES interceptor near the Vermillion River. Water system needs in this area also need to be reviewed in order to coordinate work in this area with future Vita Attiva roadway construction. •The proposed Vermillion Commons 4th Addition has been submitted for review; it is located on the north side of 220th Street, on the east side of the Vermillion River. More detailed sanitary and water service extension planning along 220th needs to be completed such that it can be reviewed with Eureka Township. Page 115 of 294 City of Farmington Farmington West Serviceability Analysis Proposal Page 2 of 7 It is anticipated that the sanitary sewer infrastructure planned for growth will connect to the existing MCES Interceptor 800717 at Flagstaff Avenue and 200th Street West. In 2007, the City entered into an agreement with the MCES for the installation of a MCES interceptor along Flagstaff Avenue. This agreement made sanitary sewer flow assumptions regarding contributing flows from Lakeville and Farmington. These flow estimates need to be re-evaluated to determine capacity available to serve future development areas along Flagstaff Avenue, including those located north of 200th Street West. Sanitary sewer infrastructure planned for the Pilot Knob Road/CR 50 area development will connect to the MCES Interceptor 7103-1 south of County Road 50. In recent past, the City had conversations with the MCES regarding the installation of a City-owned trunk sanitary sewer along the Pilot Knob corridor to serve these areas. Water system needs in these areas also need to be evaluated to coordinate work in this area with future Vita Attiva roadway construction. The City’s most recent Comprehensive Plan identifies the need for future trunk watermain as far south as 220th Street. Currently, there are trunk watermains available to connect to along 184th Street W, 191st Street W, and 195th Street W for west-north. Trunk watermain connections are available along 212th Street W and Denmark Avenue for west-south. To serve future demand in these development areas, the City needs to complete a more detailed evaluation of design options for the Farmington West watermain. Data Request Items The following data is requested from the City to complete the analysis: 1.Ultimate service area for the sanitary sewer trunk extension beyond the short-term planned developments. 2.GIS data for existing and projected land use designations for the proposed areas to be served. Project Approach Planning level sanitary sewer and watermain extension alternatives will be developed to provide the City with recommendations of future utility extensions based on the existing conditions and anticipated development growth. The proposed scope of services includes the following: Page 116 of 294 City of Farmington Farmington West Serviceability Analysis Proposal Page 3 of 7 1.Project Communication: a.Provide project management and coordination with City staff. b.Attend one (1) in-person kick-off meeting. c.Attend a virtual coordination meeting with MCES: i.Obtain and review available study or preliminary capacity information for the Flagstaff Avenue interceptor. ii.Identify Pilot Knob trunk connection location to MCES interceptor. d.Attend virtual by-weekly 30-minute update meetings with City staff. e.Attend one (1) in-person alignment review meeting to discuss the study’s findings and the recommended alignments. f.Attend one (1) in-person project summary meeting with City staff to discuss the draft report. g.Prepare and deliver one (1) in-person presentation on the final report and recommendations to the City Council at a Work Session. 2.Sanitary Sewer System Analysis: a.Assessment of Baseline Flows: i.Evaluate previous studies completed by the City. ii.Confirm the Sewershed service area limits based on information provided by the City. Identify the service areas graphically. iii.Obtain historical sanitary sewer flow data from the City’s most recent comprehensive plan and metering data from the MCES’ flow metering portal. Flow metering data will be requested from MCES for existing MCES meters tracking Farmington’s sanitary sewer flow. MCES meters include M649, M642, M643A, M653, and M647. iv.Collaborate with MCES to identify future planned sanitary sewer flow to be conveyed by MCES Interceptors 800717, 7103-1, 7409, and 7409B to assess current and future residual capacity. b.Sanitary Sewer Flow Projections: i.Project existing, 2040, and ultimate average daily sanitary sewer flows for the areas to be served based on the planned growth and future zoning classifications. ii.Project existing, 2040, and ultimate peak hourly flows for the areas to be served using MCES’ recommended peak hourly peaking factors. iii.Sanitary Sewer Monitoring 1.Flow meter installation, setup, and maintenance of up to three (3) locations for up to two (2) months of data collection per location. 2.Analyze data from flow meters to review baseline flow and potential Inflow and Infiltration (I&I). Page 117 of 294 City of Farmington Farmington West Serviceability Analysis Proposal Page 4 of 7 3.Locations of flow meters to be determined in coordination with the City. c.Sewer Infrastructure Needs Assessment: i.Utilize the City’s recently updated sanitary sewer model to estimate residual capacity throughout the City’s existing sewer trunk system. ii.Provide preliminary trunk sanitary sewer sizing recommendations for the development areas based on the peak hourly flow estimates of the Farmington flow. Diameter recommendations will be based on the proposed trunks flowing 80-85% full at ultimate development and peak hourly flow conditions. iii.Determine if trunk sanitary sewer can be extended to serve the development areas by gravity. Gravity service will be given priority over pressurized flow. Gravity service will be extended such that a minimum cover depth of 7.5-feet and a maximum bury depth of 30-feet are maintained. Bury depths beyond 30-feet will be studied on a case-by-case basis if a higher bury depth can help avoid the need for a lift station. iv.Recommendations will be provided for areas that cannot be served by gravity in the form of sanitary sewer lift stations. If lift stations are needed, provide recommendations for initial design firm pumping capacity, ultimate design firm pumping capacity, recommended pump quantity (initial and ultimate), recommended layout (wet well & valve vault, dry pit/wet pit, etc.), forcemain diameter, quantity (single or dual forcemains) and material, approximate wet well depth, air release/vacuum valves recommendations, and standby power recommendations. Forcemain sizing recommendations will balance maintaining adequate velocities and head losses per EPA and Ten States Standards’ recommendations. v.Coordinate with MCES to determine the preferred method(s) to connect to existing MCES Interceptors. vi.Develop up to two (2) planning level sanitary sewer alignments to serve the planning areas. Alignments will be prepared using ArcGISPro Software and will identify the following: recommended trunk diameters, recommended sanitary sewer inverts along the trunk alignment, and recommended lift station locations (if needed). 3.Water Distribution System Analysis: a.Assessment of Baseline Demand: i.Evaluate previous studies completed by the City. ii.Assess the City’s existing water demands for current development conditions. b.Water Demand Projections: Page 118 of 294 City of Farmington Farmington West Serviceability Analysis Proposal Page 5 of 7 i.Project existing, 2040, and ultimate average and maximum day demands for the areas to be served based on the planned growth and future zoning classifications. ii.Consider at least three (3) demand scenarios for the Project Bengal area. c.Water Infrastructure Needs Assessment: i.Utilize the City’s recently updated water distribution system model in conjunction with the projected demand to plan for infrastructure needs. ii.Provide preliminary trunk watermain sizing recommendations for the development areas based on the maximum day demand. iii.Determine if additional infrastructure beyond trunk watermains (booster stations, pressure reducing stations, etc.) will be needed. iv.Develop up to two (2) planning level trunk watermain alignments to serve the planning areas. Alignments will be prepared using ArcGISPro Software and will identify the following: recommended trunk diameters and other recommended infrastructure. 4.Agency Coordination: a.Coordinate with MCES to obtain baseline flow data as outlined in Task 2. b.Identify if future coordination will be required with Dakota County based on the proposed alignments. c.Proposed utility alignments may cross a DNR public water. If needed, coordinate with DNR staff to identify preferred methods and construction precautions to cross public waters. 5.Cost Estimate: a.Prepare planning-level Opinion of Probable Construction Cost for the proposed alignments. 6.Feasibility Study Report: a.Prepare a draft report summarizing the findings and recommendations of the study. Review the draft report with City staff. b.Prepare a final report based on the City’s review comments. c.At a minimum, the feasibility study report (draft and final) will include the following GIS figures developed with ArcGISPro software. i.Existing sanitary sewer system highlighting City-Owned infrastructure (interceptors, meters, and lift stations), MCES infrastructure (interceptors, meters, and lift stations), and the development areas to be studied. ii.Existing water distribution system. iii.Figure showing the limits of the planned developments. iv.Proposed land use for the development areas that will be used to estimate sanitary sewer flows and water demands. Page 119 of 294 City of Farmington Farmington West Serviceability Analysis Proposal Page 6 of 7 v.Proposed utility alignments for each development areas (water and sewer). Multiple figures will be required. Assumptions The proposed scope of services includes the following assumptions: 1.The City of Farmington plans to proceed with construction of 2.5 Million -Gallon of water storage once site(s) are identified in 2024. 2.MCES staff will provide planned flow allocations for other sanitary sewer collection systems contributing to the MCES interceptors conveying wastewater through Farmington. 3.The scope and fee does not include identifying permit requirements for stormwater, erosion control, DNR, MPCA, MCES, etc. Schedule We anticipate that full project delivery will be completed within fifteen (15) weeks upon receiving written approval and delivery of data request items necessary to complete the analysis. A draft feasibility study report will be submitted to the City of Farmington by August 30, 2024. It is anticipated that the final feasibility study report will be submitted by September 30, 2024. Fee Proposal Estimate AE2S will complete the proposed scope of services outlined above for an hourly, not-to-exceed, fee of $90,100. The table below depicts the anticipated fee estimate to complete each task based on our 2024 hourly rate schedule. A detailed fee table is provided as an attachment to this proposal. Professional fees and expenses are based on the understanding presented within this letter. Task Number Task Description Fee Estimate 1 Project Communication $16,600 2 Sanitary Sewer System Analysis $41,100 3 Water Distribution System Analysis $11,600 4 Agency Coordination $1,300 5 Cost Estimate $4,800 6 Feasibility Study Report Preparation $14,700 Total Hourly Not-to-Exceed AE2S Fee $90,100 Page 120 of 294 City of Farmington Farmington West Serviceability Analysis Proposal Page 7 of 7 We appreciate the opportunity to assist the City of Farmington with this work and look forward to collaborating with you on this effort. If you have any questions or comments regarding our proposed services or if you need additional information, please do not hesitate to contact me at (763)-463-5036. Sincerely, AE2S Justin Klabo, PE Operations Manager Page 121 of 294 224345v1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this 17th day of June, 2024, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and Advanced Engineering and Environmental Services LLC (AE2S), a North Dakota Limited Liability Company, whose business address is 6901 East Fish Lake Rd, Suite 184, Maple Grove, MN 55369 (hereinafter "Engineer"). PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on Exhibit “A” attached hereto. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1.SCOPE OF SERVICES. The City retains Engineer to furnish the services set forth on the attached Exhibit “A”. The Engineer agrees to perform the services. Engineer shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit “A”. The Work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the State of Minnesota, who shall attest that the Work will be performed in compliance with all applicable codes and engineering standards. The Work shall be performed in accordance with the Contract Documents, which includes this Agreement and the attached Exhibits: Exhibit “A” – Scope of Services, Exhibit “B” – Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit “A”, (iii) Exhibit “B”. 2. REPRESENTATIVES. City has designated John Powell, Public Works Director/City Engineer (the “City Representative”), and the Engineer has designated Justin Klabo, Operations Manager (the “Engineer Representative”). The City Representative and the Engineer Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed. 3.COMPENSATION FOR SERVICES. Engineer shall be paid by the City for the services described in Exhibit “A” on an hourly basis in accordance with the attached fee schedule, Exhibit “B”, but not to exceed $85,700 inclusive of taxes and reimbursable costs. A.Any changes in the scope of the Work which may result in an increase to the compensation due the Engineer shall require prior written approval by the Page 122 of 294 224345v1 authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Engineer when required by the complex or specialized nature of the Project and when authorized in writing by the City. 4. COMPLETION DATE/TERM. The Engineer must complete the Services by October 31, 2024. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Engineer may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Engineer also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement does not relieve any liability on the part of the Engineer, but any use of the Information by the City or the Engineer beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Engineer shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the Services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Engineer’s books, records, documents, and accounting procedures and practices related to services provided to the City are subject to examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six years. 7. STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. Engineer shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Engineer’s breach of this standard of care. Engineer shall put forth reasonable efforts to complete its duties in a timely manner. Engineer shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Engineer shall be responsible for costs, delays, or damages arising from unreasonable delays in the performance of its duties. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Engineer’s services. 8. INDEMNIFICATION. The Engineer shall defend, indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all judgments, claims, damages, demands, actions, causes of action, including costs and attorney's fees paid or incurred resulting from any breach of this Agreement by Engineer, its agents, contractors and employees, or any Page 123 of 294 224345v1 negligent or intentional act or omission performed, taken or not performed or taken by Engineer, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Engineer harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 9. INSURANCE. a. General Liability. Prior to starting the Work, Engineer shall procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by Engineer or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Engineer shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $2,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Commercial General Liability requirements may be met through a combination of umbrella or excess liability insurance. The City shall be named as an additional insured on the general liability and umbrella policies. c. Professional Liability Insurance. In addition to the coverages listed above, Engineer shall maintain a professional liability insurance policy in the amount of $2,000,000 per claim and aggregate. Said policy need not name the City as an additional insured. Page 124 of 294 224345v1 d. Engineer shall maintain “stop gap” coverage if Engineer obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Farmington” as an additional insured. f. All policies, except the Professional Liability Policy and Automobile Policy, shall apply on a “per project aggregate” basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. i. All polices, except the Worker’s Compensation Policy Professional Liability Policy and Automobile Policy, shall insure the defense and indemnity obligations assumed by Engineer under this Agreement. j. Engineer agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Engineer’s responsibility to pay any retention or deductible for the coverages required herein. l. The Engineer’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. m. Engineer shall maintain in effect all insurance coverages required under this Paragraph at Engineer’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing and all insurance policies shall be on ISO forms acceptable to the City. n. A copy of the Engineer’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Engineer’s Work. Upon request a copy of the Engineer’s insurance declaration page, rider and/or endorsement, as applicable shall be provided. Such documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Engineer has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, rider, endorsement, certificates, or other evidence Page 125 of 294 224345v1 of insurance, or to advise Engineer of any deficiencies in such documents and receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City’s right to enforce the terms of Engineer’s obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. o.Effect of Engineer’s Failure to Provide Insurance. If Engineer fails to provide the specified insurance, then Engineer will defend, indemnify, and hold harmless the City, the City's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Engineer, its subcontractors, agents, employees or delegates. Engineer agrees that this indemnity shall be construed and applied in favor of indemnification. Engineer also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity in Article 8, the City may require Engineer to: i.Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii.Furnish a written acceptance of tender of defense and indemnity from Engineer's insurance company. Engineer will take the action required by the City within fifteen (15) days of receiving notice from the City. 10.INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11.SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall Page 126 of 294 224345v1 comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed services provided by subcontractor within ten (10) days of Engineer’s receipt of payment from City. Engineer must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 12.ASSIGNMENT AND THIRD PARTIES. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and Engineer and not for the benefit of any other party. 13.WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14.ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15.CONTROLLING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings related to this contract shall be venued in the Dakota County District Court. 16.COPYRIGHT. Engineer shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings, or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 17.RECORDS. The Engineer shall maintain complete and accurate records of time and expense involved in the performance of services. 18.MINNESOTA GOVERNMENT DATA PRACTICES ACT. Engineer must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Engineer pursuant to this Agreement. Engineer is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Engineer receives a request to release data, Engineer must immediately notify City. City will give Engineer instructions concerning the release of the data to the requesting party before the data is released. Engineer agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Engineer’s officers’, agents’, partners’, employees’, volunteers’, assignees’, or Page 127 of 294 224345v1 subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 19.TERMINATION. This Agreement may be terminated by City on thirty (30) days’ written notice delivered to Engineer at the address on file with the City. Upon termination under this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Engineer has failed to perform in accordance with this Agreement, no further payment shall be made to the Engineer, and the City may retain another engineer to undertake or complete the work identified in Paragraph 1. 20.NON-DISCRIMINATION. During the performance of this Agreement, the Engineer shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Engineer shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Engineer shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Engineer further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 21.SURVIVAL. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 22.SERVICES NOT PROVIDED FOR. Claims for services furnished by the Engineer not specifically provided for herein shall not be honored by the City. 23.SEVERABILITY. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 24.CONFLICTS. No officer or salaried employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25.NOTICES. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 26.WAIVER. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Page 128 of 294 224345v1 27.COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated: June 17, 2024 CITY: CITY OF FARMINGTON By: Joshua Hoyt Mayor By: Shirley R Buecksler City Clerk Dated:__________________, 20___ ENGINEER: By: _____________________________ [print name] Its __________________________ [title] Page 129 of 294 224345v1 EXHIBIT “A” SCOPE OF SERVICES AND EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Page 130 of 294 June 12, 2024 Mr. John Powell, PE Public Works Director / City Engineer City of Farmington 430 Third Street Farmington, MN 55024 Re: Farmington East Serviceability Analysis Proposal City of Farmington, MN Dear Mr. Powell: Thank you for the opportunity to submit this proposal to complete a serviceability analysis to provide sewer and water service to future growth areas within the City of Farmington (City). Based upon the information provided to the AE2S project team in previous meetings, we are confident that the following general scope of services and associated fee proposal will meet the City’s needs. Project Understanding A previous analysis was ongoing to assess the feasibility of extending a trunk sewer from MCES Interceptor 7103-1 to 225th Street West along Biscayne Avenue. However, the analysis was never completed as the City was in the process of updating land use assumptions. Biscayne Avenue is still the City’s preferred route to extend sewer service. Sewer District D6 serves the southeast portion of the City. City-owned trunk sanitary sewer infrastructure currently discharges flow from Sewer District D6 to the MCES Interceptor 7103-1 at two locations: via a 21” PVC trunk located northwest of 5th Street/Linden Street and via an 18” PVC trunk crossing CR 66 (Vermillion River Trail) midway between Cascade Drive and Camden Path. The City’s most recent Comprehensive Plan identifies the need for a future trunk sewer along Biscayne Avenue from 225th Street to MCES Interceptor 7103-1, which is located just north of the Vermillion River. To serve future demand in Sewer District D6, the City needs to complete a more detailed evaluation of design options for the Farmington East Trunk Sewer. The MCES also has plans for a future interceptor along the Biscayne Avenue. Therefore, the study will consider both the local needs of the City of Farmington and the future needs of the greater sewershed to be served by the MCES when evaluating the capacity, cost, and alignment of the Page 131 of 294 City of Farmington Farmington East Serviceability Analysis Proposal Page 2 of 7 sanitary sewer in this corridor. It is anticipated that a partnership with MCES to extent trunk sanitary sewer along Biscayne Avenue may be the most efficient and cost- effective option. Per the Dakota County Transportation Plan, and as identified in the Rosemount, Empire, and UMore Transportation System Study completed in 2009; county highway extension is planned for County Road 73 from CSAH 42 to Trunk Highway 50 along the Biscayne Avenue. Therefore, any sewer improvements in this area will need to preserve space for the future roadway corridor, similar to the 75-foot half right of way which was dedicated as part of the Sapphire Lake subdivision. The City’s most recent Comprehensive Plan identifies the need for future trunk watermain in this development area. Currently, 12-inch and 16-inch watermains are available to connect to at 212th Street W, Canton Court, and 225th Street W. To serve future demand in this development area, the City needs to complete a more detailed evaluation of design options for the Farmington East watermain. Data Request Items The following data is requested from the City or MCES to complete the analysis: 1. Ultimate service area for the sanitary sewer trunk extension beyond the short-term planned developments. 2. GIS data for existing and projected land use designations for the proposed areas to be served. Project Approach Planning level sanitary sewer and watermain extension alternatives will be developed to provide the City with recommendations of future utility extensions based on the existing conditions and anticipated development growth. The proposed scope of services includes the following: 1. Project Communication: a. Provide project management and coordination with City staff. b. Attend one (1) in-person kick-off meeting. c. Attend one (1) in-person meeting with Dakota County to identify the expected Biscayne Avenue roadway sections and confirm right of way needs. Page 132 of 294 City of Farmington Farmington East Serviceability Analysis Proposal Page 3 of 7 d. Attend a virtual coordination meeting with MCES: i. Obtain and review available study or preliminary capacity information for the Flagstaff Avenue interceptor. e. Attend virtual by-weekly 30-minute update meetings with City staff. f. Attend one (1) in-person alignment review meeting to discuss the study’s findings and the recommended alignments. g. Attend one (1) in-person project summary meeting with City staff to discuss the draft report. h. Prepare and deliver one (1) in-person presentation on the final report and recommendations to the City Council at a Work Session. 2. Sanitary Sewer System Analysis: a. Assessment of Baseline Flows: i. Evaluate previous studies completed by the City. ii. Confirm the Sewershed D6 service area limits including Orderly Annexation Areas and recent Annexations. Identify the service area graphically. iii. Obtain historical sanitary sewer flow data from the City’s most recent comprehensive plan and metering data from the MCES’ flow metering portal. Flow metering data has been requested by the City from MCES for existing MCES meters tracking Farmington’s sanitary sewer flow. MCES meters include M649, M642, M643A, M653, and M647. iv. Collaborate with MCES to identify future planned sanitary sewer flow to be conveyed by MCES Interceptors 800717, 7103-1, 7409, and 7409B to assess current and future residual capacity. v. Sanitary Sewer Monitoring 1. Flow meter installation, setup, and maintenance of up to three (3) locations for up to two (2) months of data collection per location. 2. Analyze data from flow meters to review baseline flow and potential Inflow and Infiltration (I&I). 3. Locations of flow meters to be determined in coordination with the City. b. Sanitary Sewer Flow Projections: i. Project existing, 2040, and ultimate average daily sanitary sewer flows for the areas to be served based on the planned growth and future zoning classifications. ii. Project existing, 2040, and ultimate peak hourly flows for the areas to be served using MCES’ recommended peak hourly peaking factors. c. Sewer Infrastructure Needs Assessment: i. Utilize the City’s recently updated sanitary sewer model to estimate residual capacity throughout the City’s existing sewer trunk system. Page 133 of 294 City of Farmington Farmington East Serviceability Analysis Proposal Page 4 of 7 ii. Provide preliminary trunk sanitary sewer sizing recommendations for the growth areas based on the peak hourly flow estimates of the Farmington flow. Diameter recommendations will be based on the proposed trunks flowing 80-85% full at ultimate growth and peak hourly flow conditions. iii. Determine if trunk sanitary sewer can be extended to serve the growth areas by gravity. Gravity service will be given priority over pressurized flow. Gravity service will be extended such that a minimum cover depth of 7.5- feet and a maximum bury depth of 30-feet are maintained. Bury depths beyond 30-feet will be studied on a case-by-case basis if a higher bury depth can help avoid the need for a lift station. iv. Recommendations will be provided for areas that cannot be served by gravity in the form of sanitary sewer lift stations. If lift stations are needed, provide recommendations for initial design firm pumping capacity, ultimate design firm pumping capacity, recommended pump quantity (initial and ultimate), recommended layout (wet well & valve vault, dry pit/wet pit, etc.), forcemain diameter, quantity (single or dual forcemains) and material, approximate wet well depth, air release/vacuum valves recommendations, and standby power recommendations. Forcemain sizing recommendations will balance maintaining adequate velocities and head losses per EPA and Ten States Standards’ recommendations. v. Review existing city bike and pedestrian needs in corridors where construction is expected. vi. Coordinate with MCES: 1. Determine the preferred method(s) to connect to existing MCES Interceptors. 2. Obtain and review available study or preliminary design information for future interceptors. 3. Discuss options for partnering for installation of the East Farmington Trunk as a future MCES facility. 4. Identify MCES easement needs if construction as a future MCES facility. vii. Develop exhibits showing Biscayne Avenue alignment and two (2) optional routes to serve the planning areas. Alignments will be prepared using ArcGISPro Software and will identify the following: recommended trunk diameters, recommended sanitary sewer inverts along the trunk alignment, and recommended lift station locations (if needed). viii. Identify two (2) additional alignments away from Biscayne Avenue to provide Sewershed D6 service using gravity, lift station and force main, or a combination. Page 134 of 294 City of Farmington Farmington East Serviceability Analysis Proposal Page 5 of 7 3. Water Distribution System Analysis: a. Assessment of Baseline Demand: i. Evaluate previous studies completed by the City. ii. Assess the City’s existing water demands for current development conditions (includes the Orderly Annexation Areas and recent Annexations). b. Water Demand Projections: i. Project existing, 2040, ultimate average and maximum day demands for the areas to be served based on the planned growth and future zoning classifications. ii. Consider at least three (3) demand scenarios for the property recently annexed into the City of Farmington. c. Water Infrastructure Needs Assessment: i. Utilize the City’s recently updated water distribution system model in conjunction with the projected demand to plan for infrastructure needs. ii. Provide preliminary trunk watermain sizing recommendations for the development areas based on the maximum day demand. iii. Determine if additional infrastructure beyond trunk watermains (booster stations, pressure reducing stations, etc.) will be needed. iv. Develop up to two (2) planning level trunk watermain alignments to serve the planning areas. Alignments will be prepared using ArcGISPro Software and will identify the following: recommended trunk diameters and other recommended infrastructure. 4. Agency Coordination: a. Coordinate with MCES to obtain baseline flow data as outlined in Task 2. b. Identify if future coordination will be required with MnDOT or Dakota County based on the proposed alignments. c. Proposed utility alignments may cross a DNR public water. If needed, coordinate with DNR staff to identify preferred methods and construction precautions to cross public waters. 5. Cost Estimate: a. Prepare planning-level Opinion of Probable Construction Cost for the proposed sanitary sewer and water system improvement options. Cost estimates shall include: i. Trunk as future MCES interceptor. ii. Gravity and lift station combination using Biscayne Avenue alignment. iii. Additional optional alignments identified during the study. 6. Feasibility Study Report: a. Prepare a draft report summarizing the findings and recommendations of the study. Review the draft report with City staff. Page 135 of 294 City of Farmington Farmington East Serviceability Analysis Proposal Page 6 of 7 b. Prepare a final report based on the City’s review comments. c. At a minimum, the feasibility study report (draft and final) will include the following GIS figures developed with ArcGISPro software. i. Existing sanitary sewer system highlighting City-Owned infrastructure (interceptors, meters, and lift stations), MCES infrastructure (interceptors, meters, and lift stations), and the development areas to be studied. ii. Existing water distribution system. iii. Figure showing the limits of the planned developments. iv. Proposed land use for the development areas that will be used to estimate sanitary sewer flows and water demands. v. Proposed utility alignments for each development areas (water and sewer). Multiple figures will be required. Assumptions The proposed scope of services includes the following assumptions: 1. The City of Farmington plans to proceed with construction of 2.5 Million -Gallon of water storage once site(s) are identified in 2024. 2. MCES staff will provide planned flow allocations for other sanitary sewer collection systems contributing to the MCES interceptors conveying wastewater through Farmington. 3. Involvement with MnDOT and Dakota County is limited to identifying the expected Biscayne Avenue roadway sections and confirming right of way needs. Further coordination is not included in the scope and fee. 4. The scope and fee does not include identifying permit requirements for stormwater, erosion control, DNR, MPCA, MCES, etc. Schedule We anticipate that full project delivery will be completed within fifteen (15) weeks upon receiving written approval and delivery of data request items necessary to complete the analysis. A draft feasibility study report including draft cost estimates will be submitted to the City of Farmington by August 30, 2024. It is anticipated that the final feasibility study report will be submitted by September 30, 2024. Fee Proposal Estimate AE2S will complete the proposed scope of services outlined above for an hourly, not-to-exceed, fee of $85,700. The table below depicts the anticipated fee estimate to complete each task based Page 136 of 294 City of Farmington Farmington East Serviceability Analysis Proposal Page 7 of 7 on our 2024 hourly rate schedule. A detailed fee table is provided as an attachment to this proposal. Professional fees and expenses are based on the understanding presented within this letter. Task Number Task Description Fee Estimate 1 Project Communication $6,200 2 Sanitary Sewer System Analysis $24,700 3 Water Distribution System Analysis $30,700 4 Agency Coordination $2,500 5 Cost Estimate $5,600 6 Feasibility Study Report Preparation $16,000 Total Hourly Not-to-Exceed AE2S Fee $85,700 We appreciate the opportunity to assist the City of Farmington with this work and look forward to collaborating with you on this effort. If you have any questions or comments regarding our proposed services or if you need additional information, please do not hesitate to contact me at (763)-463-5036. Sincerely, AE2S Justin Klabo, PE Operations Manager Page 137 of 294 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Professional Services Agreement with Alliant Engineering, Inc. for the Dushane Parkway/Spruce Street Intersection Final Design Meeting: Regular Council - Jun 17 2024 INTRODUCTION: The City has received plat, conditional use permit, and site plan review development applications from Yellow Tree Development dba Apartments Farmington, LLC for a parcel on the northwest corner of Dushane Parkway/Spruce Street. As discussed at previous meetings, this development will utilize a portion of the area currently occupied by the square intersection feature. DISCUSSION: At the April 29, 2024 City Council Work Session, in addition to extensive discussion regarding the apartment the for concepts design two Dushane and presented Staff project, discussed Parkway/Spruce Street intersection. One was a roundabout and the other a T-intersection. The Council indicated a clear preference for the T-intersection concept. Since that work session, Staff met with representatives from the Dakota County CDA to discuss access to their Vermillion River Crossing facility. As described by CDA Staff, the front (western) drop-off area at the building is used extensively for deliveries and by residents. Therefore, the T-intersection design will have the traffic thru lanes near the new apartments, with a separate drop-off driveway going past Vermillion River Crossing. This will shift the heavy traffic movement away from the CDA building but maintain a drop-off lane for resident use. Early in 2023, the City Council approved the Consultant Pool for 2023-2027. Alliant Engineering is one of the firms in the Consultant Pool, had prepared the intersection design concepts, and has prepared the attached scope and budget based on discussions with Staff. The scope includes complete final bidding documents including the new intersection, the CDA driveway, roadway new of borings soil city stormwater utilities, of relocation management, alignment areas, and private utility coordination. It also includes preparation and submittal of all permits. The proposed plat includes dedication of 35 feet of right-of-way along the south edge to accommodate the future extension of Spruce Street as a State Aid roadway. The intersection design will stay within existing right-of-way and will meet State Aid Design Standards. But Staff will approach the property owner to the south about dedicating the south half of the Spruce Street right- of-way, which would allow the new road to be extended all the way to the west edge of the apartment development. With this project, we also plan to utilize online bidding. With this process, the contractors make all bid submittals and pricing electronically and do not drop bid documents off in person. This process Page 138 of 294 also expedites creation of the bid tabulation. This project is identified in the Five-Year Street Reconstruction Plan recently presented to the City Council. BUDGET IMPACT: Work under this contract will be billed hourly for a cost not to exceed $112,120. This segment of Spruce roadway the so system, Aid State Municipal City's the on is Street improvement construction and engineering would be eligible for use of State Aid Construction funds. ACTION REQUESTED: Approve a Professional Services Agreement with Alliant Engineering, Inc. for the Dushane Parkway/Spruce Street Intersection Final Design. ATTACHMENTS: 20240611--Dushane_Spruce Intersection Final Design_Rev 1--Scope and Fee Page 139 of 294 224345v1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Agreement”) is made this 17th day of June, 2024, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and Alliant Engineering, Inc., a Minnesota Corporation, whose business address is 733 Marquette Avenue, Suite 700, Minneapolis, MN 55402 (hereinafter "Engineer"). PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on Exhibit “A” attached hereto. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set forth on the attached Exhibit “A”. The Engineer agrees to perform the services. Engineer shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit “A”. The Work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the State of Minnesota, who shall attest that the Work will be performed in compliance with all applicable codes and engineering standards. The Work shall be performed in accordance with the Contract Documents, which includes this Agreement and the attached Exhibits: Exhibit “A” – Scope of Services, Exhibit “B” – Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit “A”, (iii) Exhibit “B”. 2. REPRESENTATIVES. City has designated John Powell, Public Works Director/City Engineer (the “City Representative”), and the Engineer has designated Eric Nelson, Client Services Manager (the “Engineer Representative”). The City Representative and the Engineer Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed. 3. COMPENSATION FOR SERVICES. Engineer shall be paid by the City for the services described in Exhibit “A” on an hourly basis in accordance with the attached fee schedule, Exhibit “B”, but not to exceed $112,120 inclusive of taxes and reimbursable costs. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Engineer shall require prior written approval by the Page 140 of 294 224345v1 authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Engineer when required by the complex or specialized nature of the Project and when authorized in writing by the City. 4. COMPLETION DATE/TERM. The Engineer must complete the Services by October 31, 2024. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Engineer may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Engineer also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement does not relieve any liability on the part of the Engineer, but any use of the Information by the City or the Engineer beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Engineer shall abide by all statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the Services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Engineer’s books, records, documents, and accounting procedures and practices related to services provided to the City are subject to examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six years. 7. STANDARD OF CARE. Engineer shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. Engineer shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Engineer’s breach of this standard of care. Engineer shall put forth reasonable efforts to complete its duties in a timely manner. Engineer shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Engineer shall be responsible for costs, delays, or damages arising from unreasonable delays in the performance of its duties. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Engineer’s services. 8. INDEMNIFICATION. The Engineer shall defend, indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all judgments, claims, damages, demands, actions, causes of action, including costs and attorney's fees paid or incurred resulting from any breach of this Agreement by Engineer, its agents, contractors and employees, or any Page 141 of 294 224345v1 negligent or intentional act or omission performed, taken or not performed or taken by Engineer, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Engineer harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 9. INSURANCE. a. General Liability. Prior to starting the Work, Engineer shall procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by Engineer or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Engineer shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $2,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Commercial General Liability requirements may be met through a combination of umbrella or excess liability insurance. The City shall be named as an additional insured on the general liability and umbrella policies. c. Professional Liability Insurance. In addition to the coverages listed above, Engineer shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. Page 142 of 294 224345v1 d. Engineer shall maintain “stop gap” coverage if Engineer obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Farmington” as an additional insured. f. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Engineer under this Agreement. j. Engineer agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Engineer’s responsibility to pay any retention or deductible for the coverages required herein. l. The Engineer’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. m. Engineer shall maintain in effect all insurance coverages required under this Paragraph at Engineer’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing and all insurance policies shall be on ISO forms acceptable to the City. n. A copy of the Engineer’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Engineer’s Work. Upon request a copy of the Engineer’s insurance declaration page, rider and/or endorsement, as applicable shall be provided. Such documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Engineer has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, rider, endorsement, certificates, or other evidence of insurance, or to advise Engineer of any deficiencies in such documents and Page 143 of 294 224345v1 receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City’s right to enforce the terms of Engineer’s obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. o. Effect of Engineer’s Failure to Provide Insurance. If Engineer fails to provide the specified insurance, then Engineer will defend, indemnify, and hold harmless the City, the City's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Engineer, its subcontractors, agents, employees or delegates. Engineer agrees that this indemnity shall be construed and applied in favor of indemnification. Engineer also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity in section o, the City may require Engineer to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Engineer's insurance company. Engineer will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed Page 144 of 294 224345v1 services provided by subcontractor within ten (10) days of Engineer’s receipt of payment from City. Engineer must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 12. ASSIGNMENT AND THIRD PARTIES. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and Engineer and not for the benefit of any other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings related to this contract shall be venued in the Dakota County District Court. 16. COPYRIGHT. Engineer shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings, or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 17. RECORDS. The Engineer shall maintain complete and accurate records of time and expense involved in the performance of services. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Engineer must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Engineer pursuant to this Agreement. Engineer is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Engineer receives a request to release data, Engineer must immediately notify City. City will give Engineer instructions concerning the release of the data to the requesting party before the data is released. Engineer agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Engineer’s officers’, agents’, partners’, employees’, volunteers’, assignees’, or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. Page 145 of 294 224345v1 19. TERMINATION. This Agreement may be terminated by City on thirty (30) days’ written notice delivered to Engineer at the address on file with the City. Upon termination under this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Engineer has failed to perform in accordance with this Agreement, no further payment shall be made to the Engineer, and the City may retain another engineer to undertake or complete the work identified in Paragraph 1. 20. NON-DISCRIMINATION. During the performance of this Agreement, the Engineer shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Engineer shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Engineer shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Engineer further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 21. SURVIVAL. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 22. SERVICES NOT PROVIDED FOR. Claims for services furnished by the Engineer not specifically provided for herein shall not be honored by the City. 23. SEVERABILITY. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 24. CONFLICTS. No officer or salaried employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. NOTICES. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 26. WAIVER. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Page 146 of 294 224345v1 27.COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Dated: June 17, 2024 CITY: CITY OF FARMINGTON By: Joshua Hoyt Mayor By: Shirley R Buecksler City Clerk Dated:__________________, 20___ ENGINEER: By: _____________________________ [print name] Its __________________________ [title] Page 147 of 294 224345v1 EXHIBIT “A” SCOPE OF SERVICES AND EXHIBIT “B” SCHEDULE OF PAYMENT AND FEE SCHEDULE Page 148 of 294 Proposal for Dushane Parkway/Spruce Street Final Design // 1 RE: Proposal for Dushane Parkway/Spruce Street Final Design Dear Mr. Powell: Alliant Engineering appreciates the opportunity to provide the City of Farmington with final design services for the intersection of Dushane Parkway and Spruce Street. Based on our work throughout the intersection study, we have prepared the following scope of services. The sections below describe each major task along with key assumptions, information or participation needed from the city, and major deliverables. A detailed spreadsheet documenting the hours and fee associated with each task is also included with this letter. PROJECT UNDERSTANDING Alliant developed concept-level geometry for two intersection types at the intersection of Dushane Parkway and Spruce Street in Farmington: a three-legged roundabout and a conventional T-intersection. Based on review and discussion with city staff, final design will proceed with the T-intersection. The intersection design will stay within existing right-of-way and will meet State Aid Design Standards. Grading and utilities will be coordinated with the proposed development on the west side of Dushane Parkway. A dedicated driveway and pull-off area will be developed for the property in the northeast quadrant of the intersection. SCOPE OF SERVICES TASK 1 – PROJECT MANAGEMENT Eric Nelson will remain the Project Manager for the Alliant Team and will serve as the single point of contact for the city. Eric will prepare monthly progress reports and invoices for review and approval by the city. Throughout the design process, Eric will conduct bi-weekly meetings with the city project manager to provide status updates and review design decisions needed. Our scope includes an assumed two coordination meetings with the private development or any other coordination that may be needed. CITY OF FARMINGTON RESPONSIBILITIES: ●Participate in bi-weekly check in meetings. CONSULTANT DELIVERABLES: ●Monthly progress reports and invoices ●Agendas and minutes for coordination meetings Design Fee: $4,320.00 TASK 2 – DATA COLLECTION AND BASEMAPPING We will expand upon our previously developed base map using the survey data and mapping provided by CivilSite Group for the planned development. An initial review identified areas where additional survey may be needed, and hours are included in our proposed scope and fee to collect the needed data. CITY OF FARMINGTON RESPONSIBILITIES: ●None for this task. June 11, 2024 John Powell, PE Public Works Director/City Engineer City of Farmington 430 Third Street Farmington, MN 55024 Alliant Engineering, Inc. 733 Marquette Avenue Suite 700 Minneapolis, MN 55402 612.758.3080 www.alliant-inc.com Page 149 of 294 Proposal for Dushane Parkway/Spruce Street Final Design // 2 CONSULTANT DELIVERABLES: ●Point file with additional survey data (if requested) Design Fee: $3,780.00 TASK 3 – FEASIBILITY REPORT We will prepare a Feasibility Report that summarizes the feasibility, major design challenges and constraints, and estimated cost for the project. CITY OF FARMINGTON RESPONSIBILITIES: ●Review and comment on draft report. CONSULTANT DELIVERABLES: ●Draft and final Feasibility Report Design Fee: $5,740.00 TASK 4 – DESIGN PLANS The following subsections describe assumptions and methodology that will be used for various design aspects: Roadway and Driveway Design: We understand the design of Dushane Parkway and Spruce Street will need to meet Municipal State Aid Design Standards. Early in the project, we will confirm design speed expectations and design horizontal and vertical curves according to the applicable design standards. We will also develop cross sections to determine construction limits and calculate earthwork quantities. Intersections will be designed to comply with ADA requirements. A driveway with pull-off area at the entrance will be added for the existing property in the northeast quadrant of the intersection. City Utilities: The proposed development will require coordination of water and sewer extensions. We will also design relocations or adjustments to existing storm sewer, sanitary sewer, and watermain components driven by the modified roadway geometry. Stormwater Management: The plan set will include a SWPPP to comply with NPDES permit requirements. We do not expect to add an acre or more of impervious surface and our scope does not include any permanent stormwater best management practices (BMPs). Geotechnical Evaluation: Braun Intertec is in the City’s consultant pool and is performing the geotechnical work for the adjacent private development. We will subcontract with Braun Intertec to conduct additional geotechnical investigations and prepare a geotechnical report with pavement section recommendations and any other design considerations. Utility Coordination: We will conduct two utility coordination meetings to coincide with the 60% and 90% draft plans. These meetings will be done through Microsoft Teams and we will prepare agendas, sign-in sheets, and minutes for each meeting. We assume two draft plan submittals will be made to the City at the 60% and 90% complete levels and that all comments will be discussed and incorporated as needed. CITY OF FARMINGTON RESPONSIBILITIES: ●Advise on utility relocations or replacements in the project area. ●Obtain permission to access private property for survey and geotechnical work. ●Review and comment on draft plan submittals. Page 150 of 294 Proposal for Dushane Parkway/Spruce Street Final Design // 3 C ONSULTANT DELIVERABLES: ●60% and 90% draft plan submittals Design Fee: $57,630.00 TASK 5 – FINAL CONSTRUCTION DOCUMENT PREPARATION Following City review of the 90% plans, we will proceed with preparing final construction plans and technical specifications for the proposed design. City of Farmington standard plates and Engineering Design Guidelines will be used whenever possible to standardize the design and construction. We will also prepare a Project Manual, including technical specifications, based on available city standards. A Final Engineer’s Estimate of Probable Cost will be included with the draft and final submittals. We understand that the city intends to acquire 35 feet of permanent right-of-way south of the proposed development for the extension of Spruce Street. Once the design of permanent and temporary impacts has been solidified, we will prepare a parcel sketch for the affected parcel to be used as an exhibit for offers/appraisals. We will also prepare legal descriptions for the permanent right-of-way acquisition, any temporary easements, and the remnant city-owned land likely to be conveyed to the private property owner. CITY OF FARMINGTON RESPONSIBILITIES: ●Provide template document or sample for front-end documents and technical specifications. ●Review and comment on draft construction documents. ●Review and comment on draft parcel sketch. CONSULTANT DELIVERABLES: ●100% final signed plans, Project Manual, and Engineer’s Estimate of Probable Cost ●Draft and final parcel sketch for private property impacts south of proposed development Design Fee: $25,020.00 TASK 6 – BIDDING ASSISTANCE Following final approval of the construction documents, we will facilitate the online bidding process through QuestCDN. Our team will post bidding documents, respond to contractor inquiries, and issue clarifications/addenda as needed, and conduct the online bid opening. Bids will be received online and reviewed at a public bid opening at Farmington City Hall. Following the bid opening, we will provide a Bid Abstract and any other supporting documentation needed for the City to award a construction contract. CITY OF FARMINGTON RESPONSIBILITIES: ●Review draft Advertisement for Bids. ●Secure a conference room for bid opening. CONSULTANT DELIVERABLES: ●Draft and final Advertisement for Bids ●Bid Abstract Design Fee: $4,330.00 Page 151 of 294 Proposal for Dushane Parkway/Spruce Street Final Design // 4 TASK 7 – PERMITTING AND APPROVALS Alliant will assist the City in obtaining the required permits for stormwater and utility extensions included in the project. We will also coordinate with MnDOT State Aid on plan review, approval, and funding eligibility for the project. CITY OF FARMINGTON RESPONSIBILITIES: ●Review and sign permit applications as needed. CONSULTANT DELIVERABLES: ●Permit application forms and supporting documentation for NPDES (stormwater), Minnesota Department of Health (watermain), and Minnesota Pollution Control Agency (sanitary sewer). ●Plan submittal and supporting documentation to MnDOT State Aid. ●Permit fees (listed as reimbursable expense in fee estimate). Design Fee: $2,800.00 Subtotal of Design Fees $103,620 Subconsultant Expenses $8,500 Total Project Fee $112,120 SCHEDULE The following is an estimate of our schedule based on the available information. We will be flexible and can adjust this schedule to meet the City’s needs. ●Notice to Proceed — Week of June 17, 2024 ●Submit 60% draft plans to City – August 2, 2024 ●Submit draft Feasibility Report to City – August 23, 2024 ●Submit final Feasibility Report to City (assumes 2-week review period) – September 13, 2024 ●Submit 90% draft plans to City – August 30, 2024 ●100% Construction Documents ready for bidding – September 27, 2024 KEY STAFF The Alliant design team will consist of the following individuals: ●Eric Nelson, PE — Project Manager ●Katie Becker, PE — Design Lead ●Dan Ekrem, PLS — Parcel sketch and legal descriptions Page 152 of 294 Proposal for Dushane Parkway/Spruce Street Final Design // 5 We again thank you for the opportunity to work with the city on this project and are ready and eager to get started. If you have any questions about this scope and fee or want to discuss in further detail, please contact me at the email address or phone number listed on the following page. Sincerely, Alliant Engineering, Inc. Eric Nelson, PE Project Manager EMAIL enelson@alliant-inc.com DIRECT 612.767.9380 Building better communities with excellence and passion Page 153 of 294 Alliant Engineering Dushane Parkway/Spruce Street Final Design Hours and Fee Estimate Principal Professional Engineer Professional Land Surveyor Graduate Engineer II Survey Office Technician Survey Field Crew Nelson Becker Ekrem 1.0 Project Management 18 0 0 0 0 0 18 $4,320.00 1.1 Routine project management 8 8 $1,920.00 1.2 Monthly invoices and progress reports 4 4 $960.00 1.3 Bi-weekly update meetings (1)6 6 $1,440.00 2.0 Data Collection and Basemapping 0 4 0 4 4 12 24 $3,780.00 2.1 Compilation and review of existing mapping data 4 4 8 $1,000.00 2.2 Additional topographic survey 4 12 16 $2,780.00 3.0 Feasibility Report 4 32 0 4 0 0 40 $5,740.00 3.1 Draft and Final Feasibility Report 4 32 4 40 $5,740.00 4.0 Design Plans 14 218 0 216 0 0 448 $57,630.00 4.1 Roadway and driveway design 8 160 160 328 $41,920.00 4.2 City utilities 4 8 12 $1,460.00 4.3 Stormwater management/SWPPP (2)2 8 10 $1,190.00 4.4 Geotechnical evaluation (3)2 4 6 $1,020.00 4.5 Utility coordination (4)2 8 16 26 $3,400.00 4.6 60% and 90% draft plans (5)2 40 24 66 $8,640.00 5.0 Final Construction Document Preparation 8 124 8 40 8 0 188 $25,020.00 5.1 Final construction plans 4 80 40 124 $16,360.00 5.2 Project Manual and technical specifications 2 40 42 $5,880.00 5.3 Final Engineer's Estimate 2 4 6 $1,020.00 5.4 Parcel sketch and legal descriptions (6)8 8 16 $1,760.00 6.0 Bidding Assistance 6 14 8 0 0 0 28 $4,330.00 6.1 Post documents to QuestCDN for online bidding 2 2 4 $750.00 6.2 Respond to contractor questions, prepare clarifications/addenda 8 8 16 $2,080.00 6.3 Bid opening meeting (7)4 4 $960.00 6.4 Compile Bid Abstract and supporting contract information 4 4 $540.00 7.0 Permitting and Approvals 4 0 0 16 0 0 20 $2,800.00 7.1 Obtain NPDES, MDH, and MPCA permits 2 4 6 $940.00 7.2 Coordinate MnDOT State Aid review and approval 2 12 14 $1,860.00 PROJECT TOTAL HOURS 54 392 16 280 12 12 766 Hourly Billing Rates 240.00$ 135.00$ 125.00$ 115.00$ 95.00$ 200.00$ DIRECT LABOR $12,960 $52,920 $2,000 $32,200 $1,140 $2,400 $103,620 SUBTOTAL LABOR COST 103,620.00 Direct Expenses: Subconsultant - Braun Intertec (Geotechnical)$7,500.00 Permit fees $1,000.00 SUBTOTAL DIRECT EXPENSES $8,500.00 PROJECT COST NOT TO EXCEED Notes: (1) Assumes a Microsoft Teams meeting. Assumes two meetings per month July through September 2024. (2) Assumes roadway runoff will be routed to existing storm sewer and downstream BMPs. Assume one acre of land will be disturbed and hours include SWPPP preparation. (3) Expenses for Braun Intertec are shown as a direct expense. Hours shown are for coordination and review of design recommendations. (4) Assumes two utility coordination meetings on Microsoft Teams with agendas and minutes. (5) Includes preparation of comment resolution form after each draft submittal. (6) Includes legal description for remnant parcel. $112,120.00 Task Description Hours TASK TOTAL COST Alliant Engineering TEAM TOTAL Pa g e 1 5 4 o f 2 9 4 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: John Powell, Public Works Director Department: Engineering Subject: Purchase of a Dump Truck Cab and Chassis Meeting: Regular Council - Jun 17 2024 INTRODUCTION: Dump trucks are critical for winter maintenance but are used year-round in all aspects of public works. This includes hauling of all types of materials such as granular backfill, aggregate base, street sweepings, snow, tree debris, etc. On March 18, 2024, the City Council approved the purchase of a replacement for Unit 0708 which is a 2002 Sterling Dump Truck. I-State Truck Center currently cannot commit to a schedule for delivery of the cab and chassis, so we have contacted another vendor. DISCUSSION: Quotes for dump trucks typically involve multiple vendors, one vendor for the cab and chassis, and another for the body. The vendor for the body, Towmaster, remains unchanged. The recommended quote for the cab and chassis is for a Freightliner 108SD Plus from Boyer Trucks Duluth-Superior of Superior, WI. Boyer Ford indicates an estimated delivery date of late December 2024. BUDGET IMPACT: The quoted pricing for the cab and chassis from Boyer Ford is $105,732.23 which is about 5.3% higher than the previous quote from I-State Truck Center but with a more certain delivery date. Boyer Ford Trucks $105,732.23 Towmaster $182,349.00 Total $288,081.23 $300,000 was budgeted for this equipment in 2025 with the funding source identified as the General truck the identified (CIP) Plan Equipment. Capital The for Capital Improvement replacement in 2024, with funding in 2025, recognizing that there is a lengthy lead time for major equipment. Once the new truck is received, the existing unit will be prepared and put up for auction. ACTION REQUESTED: Approve the purchase of a Freightliner 108SD Plus cab and chassis from Boyer Trucks Duluth- Superior of Superior, WI, for the quoted amount. Page 155 of 294 ATTACHMENTS: City of Farmington L9 Plow Truck_MY25 Chassis Specs Farmington Bill of Sale 5.20.24 Page 156 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR MINNESOTA STATE OF BOYER TRUCKS DULUTH-SUPERIOR Brian Sutlief Freightliner 108SD Plus A proposal for Prepared by May 16, 2024 Components shown may not reflect all spec'd options and are not to scale City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 1 of 1 01:05 PM Page 157 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR S P E C I F I C A T I O N P R O P O S A L Data Code Weight Front Weight RearDescription Price Level PRL-28D SD PRL-28D (EFF:MY25 ORDERS) Data Version DRL-042 SPECPRO21 DATA RELEASE VER 042 Vehicle Configuration 001-176 6,829 3,748108SD PLUS CONVENTIONAL CHASSIS 004-225 2025 MODEL YEAR SPECIFIED 002-004 SET BACK AXLE - TRUCK 019-004 STRAIGHT TRUCK PROVISION, NON-TOWING 003-001 LH PRIMARY STEERING LOCATION General Service AA1-002 TRUCK CONFIGURATION AA6-002 DOMICILED, USA (EXCLUDING CALIFORNIA AND CARB OPT-IN STATES) 99D-027 EPA EMISSIONS CERTIFICATION FOR REGISTRATION IN EPA OR ACT STATES - EPA CLEAN IDLE (INCLUDES 6X4 INCH LABEL ON LOWER FORWARD OF DRIVER DOOR) AF2-998 NONE A85-010 UTILITY/REPAIR/MAINTENANCE SERVICE A84-1GM GOVERNMENT BUSINESS SEGMENT AA4-010 DIRT/SAND/ROCK COMMODITY AA5-002 TERRAIN/DUTY: 100% (ALL) OF THE TIME, IN TRANSIT, IS SPENT ON PAVED ROADS AB1-008 MAXIMUM 8% EXPECTED GRADE AB5-001 SMOOTH CONCRETE OR ASPHALT PAVEMENT - MOST SEVERE IN-TRANSIT (BETWEEN SITES) ROAD SURFACE 995-1A0 FREIGHTLINER SD VOCATIONAL WARRANTY City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 1 of 18 01:05 PM Page 158 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR Data Code Weight Front Weight RearDescription A66-99D EXPECTED FRONT AXLE(S) LOAD 18000.0 lbs A68-99D EXPECTED REAR DRIVE AXLE(S) LOAD 23000.0 lbs A63-99D EXPECTED GROSS VEHICLE WEIGHT CAPACITY 41000.0 lbs Truck Service AA3-005 FLATBED/PLATFORM/STAKE BODY AF3-322 TOWMASTER TRUCK EQUIPMENT Engine 101-3BT CUM L9 350 HP @ 2200 RPM; 2200 GOV RPM, 1050 LB-FT @ 1200 RPM Electronic Parameters 79A-075 75 MPH ROAD SPEED LIMITN 79B-000 CRUISE CONTROL SPEED LIMIT SAME AS ROAD SPEED LIMIT 80J-002 REGEN INHIBIT SPEED THRESHOLD - 5 MPH Engine Equipment 99C-024 EPA 2010/GHG 2024 CONFIGURATION 13E-001 STANDARD OIL PAN 105-001 ENGINE MOUNTED OIL CHECK AND FILL 014-108 10SIDE OF HOOD AIR INTAKE WITH FIREWALL MOUNTED DONALDSON AIR CLEANER WITH SAFETY ELEMENT AND INSIDE/OUTSIDE AIR WITH SNOW DOOR 124-1DJ 10DR 12V 160 AMP 36-SI BRUSHLESS QUADRAMOUNT PAD ALTERNATOR WITH REMOTE BATTERY VOLT SENSE 292-213 40 20(3) DTNA GENUINE, FLOODED STARTING AND CYCLING, MIN 2100CCA, 570RC, THREADED STUD BATTERIES 290-1CD BATTERY BOX WITH ALUMINUM COVER MOUNTED SHORT SIDE TO RAIL 281-001 STANDARD BATTERY JUMPERS 282-003 SINGLE BATTERY BOX FRAME MOUNTED LH SIDE BACK OF CAB 291-017 WIRE GROUND RETURN FOR BATTERY CABLES WITH ADDITIONAL FRAME GROUND RETURN City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 2 of 18 01:05 PM Page 159 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR Data Code Weight Front Weight RearDescription 289-001 NON-POLISHED BATTERY BOX COVER 293-058 2POSITIVE LOAD DISCONNECT WITH CAB MOUNTED CONTROL SWITCH MOUNTED OUTBOARD DRIVER SEAT 295-029 2POSITIVE AND NEGATIVE POSTS FOR JUMPSTART LOCATED ON FRAME NEXT TO STARTER 306-015 PROGRESSIVE LOW VOLTAGE DISCONNECT AT 12.3 VOLTS FOR DESIGNATED CIRCUITS 107-032 CUMMINS TURBOCHARGED 18.7 CFM AIR COMPRESSOR WITH INTERNAL SAFETY VALVE 152-041 ELECTRONIC ENGINE INTEGRAL SHUTDOWN PROTECTION SYSTEM 128-076 20CUMMINS ENGINE INTEGRAL BRAKE WITH VARIABLE GEOMETRY TURBO ON/OFF 016-1C2 30 25RH OUTBOARD UNDER STEP MOUNTED HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY WITH RH B- PILLAR MOUNTED VERTICAL TAILPIPE 28F-014 ENGINE AFTERTREATMENT DEVICE, AUTOMATIC OVER THE ROAD REGENERATION AND VIRTUAL REGENERATION REQUEST SWITCH IN CLUSTER 239-038 11 FOOT 06 INCH (138 INCH+0/-5.9 INCH) EXHAUST SYSTEM HEIGHT 237-1CR RH CURVED VERTICAL TAILPIPE B-PILLAR MOUNTED ROUTED FROM STEP 23U-002 13 GALLON DIESEL EXHAUST FLUID TANK 30N-003 100 PERCENT DIESEL EXHAUST FLUID FILL 23Y-001 STANDARD DIESEL EXHAUST FLUID PUMP MOUNTING 23Z-002 15 5NON-POLISHED ALUMINUM DIAMOND PLATE DIESEL EXHAUST FLUID TANK COVER 43X-002 LH MEDIUM DUTY STANDARD DIESEL EXHAUST FLUID TANK LOCATION 43Y-001 STANDARD DIESEL EXHAUST FLUID TANK CAP 242-001 STAINLESS STEEL AFTERTREATMENT DEVICE/MUFFLER/TAILPIPE SHIELD 273-058 AIR POWERED ON/OFF ENGINE FAN CLUTCH 276-001 AUTOMATIC FAN CONTROL WITHOUT DASH SWITCH, NON ENGINE MOUNTED City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 3 of 18 01:05 PM Page 160 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR Data Code Weight Front Weight RearDescription 110-003 CUMMINS SPIN ON FUEL FILTER 118-008 COMBINATION FULL FLOW/BYPASS OIL FILTER 266-104 1115 SQUARE INCH ALUMINUM RADIATOR 103-039 ANTIFREEZE TO -34F, OAT (NITRITE AND SILICATE FREE) EXTENDED LIFE COOLANT 171-007 GATES BLUE STRIPE COOLANT HOSES OR EQUIVALENT 172-007 GATES POWERGRIP SHRINK BAND HOSE CLAMPS WHERE POSSIBLE 270-016 RADIATOR DRAIN VALVE 132-004 ELECTRIC GRID AIR INTAKE WARMER 155-058 DELCO 12V 38MT HD STARTER WITH INTEGRATED MAGNETIC SWITCH Transmission 342-582 ALLISON 3000 RDS AUTOMATIC TRANSMISSION WITH PTO PROVISION Transmission Equipment 343-339 ALLISON VOCATIONAL PACKAGE 223 - AVAILABLE ON 3000/4000 PRODUCT FAMILIES WITH VOCATIONAL MODELS RDS, HS, MH AND TRV 84B-012 ALLISON VOCATIONAL RATING FOR ON/OFF HIGHWAY APPLICATIONS AVAILABLE WITH ALL PRODUCT FAMILIES 84C-023 PRIMARY MODE GEARS, LOWEST GEAR 1, START GEAR 1, HIGHEST GEAR 6, AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY 84D-023 SECONDARY MODE GEARS, LOWEST GEAR 1, START GEAR 1, HIGHEST GEAR 6, AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY 84E-000 PRIMARY SHIFT SCHEDULE RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE 84F-000 SECONDARY SHIFT SCHEDULE RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE 84G-000 PRIMARY SHIFT SPEED RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE 84H-000 SECONDARY SHIFT SPEED RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 4 of 18 01:05 PM Page 161 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR Data Code Weight Front Weight RearDescription VOCATIONAL USAGE 84K-002 2ND GEAR ENGINE BRAKE ALTERNATE PRESELECT WITH MODERATE DOWNSHIFT STRATEGY 84N-200 FUEL SENSE 2.0 DISABLED - PERFORMANCE - TABLE BASED 84P-998 NO TCU-PTO DRIVE INTERFACE 84U-000 DRIVER SWITCH INPUT - DEFAULT - NO SWITCHES 84V-001 DIRECTION CHANGE ENABLED WITH MULTIPLEXED SERVICE BRAKES - ALLISON 5TH GEN TRANSMISSIONS 353-074 QUICKFIT BODY LIGHTING CONNECTOR UNDER CAB, WITH BLUNTCUTS 34C-011 ELECTRONIC TRANSMISSION WIRING TO CUSTOMER INTERFACE CONNECTOR 341-018 MAGNETIC PLUGS, ENGINE DRAIN, TRANSMISSION DRAIN, AXLE(S) FILL AND DRAIN 345-078 HEAVY DUTY ELECTRONIC TRANSMISSION SHIFT CONTROL, COLUMN MOUNTED 97G-004 TRANSMISSION PROGNOSTICS - ENABLED 2013 370-015 WATER TO OIL TRANSMISSION COOLER, IN RADIATOR END TANK 346-003 TRANSMISSION OIL CHECK AND FILL WITH ELECTRONIC OIL LEVEL CHECK 35T-001 SYNTHETIC TRANSMISSION FLUID (TES-295 COMPLIANT) Front Axle and Equipment 400-1BA 210DETROIT DA-F-18.0-5 18,000# FL1 71.0 KPI/3.74 DROP SINGLE FRONT AXLE 402-030 10MERITOR 16.5X6 Q+ CAST SPIDER CAM FRONT BRAKES, DOUBLE ANCHOR, FABRICATED SHOES 403-002 NON-ASBESTOS FRONT BRAKE LINING 419-001 CAST IRON OUTBOARD FRONT BRAKE DRUMS 409-006 FRONT OIL SEALS 408-001 VENTED FRONT HUB CAPS WITH WINDOW, CENTER AND SIDE PLUGS - OIL 416-022 STANDARD SPINDLE NUTS FOR ALL AXLES City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 5 of 18 01:05 PM Page 162 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR Data Code Weight Front Weight RearDescription 405-031 HALDEX AUTOMATIC FRONT SLACK ADJUSTERS WITH STAINLESS STEEL CLEVIS PINS 406-001 STANDARD KING PIN BUSHINGS 536-012 40TRW TAS-85 POWER STEERING 539-003 POWER STEERING PUMP 534-003 54 QUART POWER STEERING RESERVOIR 533-001 5OIL/AIR POWER STEERING COOLER 40T-002 CURRENT AVAILABLE SYNTHETIC 75W-90 FRONT AXLE LUBE Front Suspension 620-013 20018,000# TAPERLEAF FRONT SUSPENSION 619-005 MAINTENANCE FREE RUBBER BUSHINGS - FRONT SUSPENSION 410-001 FRONT SHOCK ABSORBERS Rear Axle and Equipment 420-1GK 30DETROIT DA-RS-23.0-4 23,000# R-SERIES SINGLE REAR AXLE 421-588 5.88 REAR AXLE RATIO 424-001 IRON REAR AXLE CARRIER WITH STANDARD AXLE HOUSING 386-073 MXL 17T MERITOR EXTENDED LUBE MAIN DRIVELINE WITH HALF ROUND YOKES 452-001 20DRIVER CONTROLLED TRACTION DIFFERENTIAL - SINGLE REAR AXLE 878-018 (1) DRIVER CONTROLLED DIFFERENTIAL LOCK REAR VALVE FOR SINGLE DRIVE AXLE 87B-008 INDICATOR LIGHT FOR EACH DIFFERENTIAL LOCKOUT SWITCH 423-020 MERITOR 16.5X7 Q+ CAST SPIDER CAM REAR BRAKES, DOUBLE ANCHOR, FABRICATED SHOES 433-002 NON-ASBESTOS REAR BRAKE LINING 434-012 BRAKE CAMS AND CHAMBERS ON REAR SIDE OF DRIVE AXLE(S) City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 6 of 18 01:05 PM Page 163 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR Data Code Weight Front Weight RearDescription 451-001 CAST IRON OUTBOARD REAR BRAKE DRUMS 440-006 REAR OIL SEALS 426-1B2 BENDIX EVERSURE LONGSTROKE 1-DRIVE AXLE SPRING PARKING CHAMBERS 428-031 HALDEX AUTOMATIC REAR SLACK ADJUSTERS WITH STAINLESS STEEL CLEVIS PINS 41T-002 CURRENT AVAILABLE SYNTHETIC 75W-90 REAR AXLE LUBE 42T-001 STANDARD REAR AXLE BREATHER(S) Rear Suspension 622-1DC 10026,000# FLAT LEAF SPRING REAR SUSPENSION WITH HELPER AND RADIUS ROD 621-001 SPRING SUSPENSION - NO AXLE SPACERS 431-001 STANDARD AXLE SEATS IN AXLE CLAMP GROUP 623-005 FORE/AFT CONTROL RODS Pusher / Tag Equipment 429-998 NO PUSHER/TAG BRAKE DUST SHIELDS Brake System 490-121 WABCO 4S/4M ABS WITH TRACTION CONTROL 871-001 REINFORCED NYLON, FABRIC BRAID AND WIRE BRAID CHASSIS AIR LINES 904-001 FIBER BRAID PARKING BRAKE HOSE 412-001 STANDARD BRAKE SYSTEM VALVES 46D-002 STANDARD AIR SYSTEM PRESSURE PROTECTION SYSTEM 413-002 STD U.S. FRONT BRAKE VALVE 432-003 RELAY VALVE WITH 5-8 PSI CRACK PRESSURE, NO REAR PROPORTIONING VALVE 480-088 WABCO SYSTEM SAVER HP WITH INTEGRAL AIR GOVERNOR AND HEATER 479-015 AIR DRYER FRAME MOUNTED City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 7 of 18 01:05 PM Page 164 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR Data Code Weight Front Weight RearDescription 460-001 STEEL AIR BRAKE RESERVOIRS 477-001 PULL CABLE ON WET TANK, PETCOCK DRAIN VALVES ON ALL OTHER AIR TANKS Trailer Connections 481-998 NO TRAILER AIR HOSE 476-998 NO AIR HOSE HANGER 310-998 NO TRAILER ELECTRICAL CABLE Wheelbase & Frame 545-412 4125MM (162 INCH) WHEELBASE 546-102 170 1507/16X3-9/16X11-1/8 INCH STEEL FRAME (11.11MMX282.6MM/0.437X11.13 INCH) 120KSI 547-034 180PARTIAL INNER FRAME REINFORCEMENT AT FRONT SUSPENSION 548-803 TEM TO EVALUATE AND INSTALL FRAME RAIL REINFORCEMENT AS NEEDED FOR FRONT FRAME MOUNTED EQUIPMENT 552-030 1600MM (63 INCH) REAR FRAME OVERHANG 55W-006 FRAME OVERHANG RANGE: 61 INCH TO 70 INCH 549-002 140 -2024 INCH INTEGRAL FRONT FRAME EXTENSION AC8-99D CALC'D BACK OF CAB TO REAR SUSP C/L (CA) 96.85 in AE8-99D CALCULATED EFFECTIVE BACK OF CAB TO REAR SUSPENSION C/L (CA) 93.85 in AE4-99D CALC'D FRAME LENGTH - OVERALL 290.55 in FSS-0LH CALCULATED FRAME SPACE LH SIDE 25.41 in FSS-0RH CALCULATED FRAME SPACE RH SIDE 64.23 in 553-001 SQUARE END OF FRAME 587-003 10REAR TOW HOOKS 550-001 FRONT CLOSING CROSSMEMBER City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 8 of 18 01:05 PM Page 165 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR Data Code Weight Front Weight RearDescription 559-003 -12LIGHTWEIGHT HEAVY DUTY ALUMINUM ENGINE CROSSMEMBER 562-001 STANDARD MIDSHIP #1 CROSSMEMBER(S) 572-001 STANDARD REARMOST CROSSMEMBER 565-001 STANDARD SUSPENSION CROSSMEMBER Chassis Equipment 556-997 -110OMIT FRONT BUMPER, CUSTOMER INSTALLED SPECIAL BUMPER, DOES NOT COMPLY WITH FMCSR 393.203 585-998 NO MUDFLAP BRACKETS 590-998 NO REAR MUDFLAPS 551-007 GRADE 8 THREADED HEX HEADED FRAME FASTENERS 44Z-002 EXTERIOR HARNESSES WRAPPED IN ABRASION TAPE 607-001 CLEAR FRAME RAILS FROM BACK OF CAB TO FRONT REAR SUSPENSION BRACKET, BOTH RAILS OUTBOARD Fifth Wheel 578-998 NO FIFTH WHEEL Fuel Tanks 204-152 570 GALLON/264 LITER ALUMINUM FUEL TANK - LH 218-001 23 INCH DIAMETER FUEL TANK(S) 215-007 PLAIN ALUMINUM/PAINTED STEEL FUEL/HYDRAULIC TANK(S) WITH POLISHED STAINLESS STEEL BANDS 212-007 FUEL TANK(S) FORWARD 664-001 PLAIN STEP FINISH 205-002 CHROME FUEL TANK CAP(S) 122-1J1 -5DETROIT FUEL/WATER SEPARATOR WITH WATER IN FUEL SENSOR, HAND PRIMER AND 12 VOLT PREHEATER" 216-020 EQUIFLO INBOARD FUEL SYSTEM 202-016 HIGH TEMPERATURE REINFORCED NYLON FUEL LINE City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 9 of 18 01:05 PM Page 166 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR Data Code Weight Front Weight RearDescription Tires 093-1RJ 100MICHELIN X WORKS Z 315/80R22.5 20 PLY RADIAL FRONT TIRES 094-1RK 84MICHELIN X WORKS Z 11R22.5 16 PLY RADIAL REAR TIRES Hubs 418-060 CONMET PRESET PLUS PREMIUM IRON FRONT HUBS 450-060 CONMET PRESET PLUS PREMIUM IRON REAR HUBS Wheels 502-356 -28ALCOA ULTRA ONE 89U64X 22.5X9.00 10-HUB PILOT 5.99 INSET ALUMINUM FRONT WHEELS 505-766 -124ALCOA ULA18X 22.5X8.25 10-HUB PILOT ALUMINUM DISC REAR WHEELS 525-023 POLISHED OUTER (DISHED SIDE) REAR WHEELS WITH OUTER ONLY DURA-BRIGHT FINISH 496-011 FRONT WHEEL MOUNTING NUTS 497-011 REAR WHEEL MOUNTING NUTS 498-011 NYLON WHEEL GUARDS FRONT AND REAR ALL INTERFACES Cab Exterior 829-1A5 108 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB 650-008 AIR CAB MOUNTING 648-002 NONREMOVABLE BUGSCREEN MOUNTED BEHIND GRILLE 667-004 FRONT FENDERS SET-BACK AXLE 678-001 LH AND RH GRAB HANDLES 645-002 BRIGHT FINISH RADIATOR SHELL/HOOD BEZEL 646-042 STATIONARY BLACK GRILLE WITH BRIGHT ACCENTS 65X-003 CHROME HOOD MOUNTED AIR INTAKE GRILLE 644-004 FIBERGLASS HOOD City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 10 of 18 01:05 PM Page 167 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR Data Code Weight Front Weight RearDescription 690-016 5CAB FLOOR, TOE BOARD AND FIREWALL HEAT SHIELD 727-1AM 4DUAL 24 INCH ROUND POLISHED ALUMINUM AIR HORNS ROOF MOUNTED 726-001 SINGLE ELECTRIC HORN 728-002 DUAL HORN SHIELDS 575-001 REAR LICENSE PLATE MOUNT END OF FRAME 312-067 HALOGEN COMPOSITE HEADLAMPS WITH BRIGHT BEZELS 302-047 LED AERODYNAMIC MARKER LIGHTS 314-824 WIRING AND SWITCH FOR CUSTOMER FURNISHED SNOW PLOW LAMPS WITH DUAL CONNECTIONS AT BUMPER 311-001 DAYTIME RUNNING LIGHTS 294-042 5FREIGHTLINER LED FLANGE MOUNTED STOP/TAIL/TURN LIGHTS WITH SEPARATE INCANDESCENT BACKUP LIGHTS 300-015 STANDARD FRONT TURN SIGNAL LAMPS 744-1BC DUAL WEST COAST BRIGHT FINISH HEATED MIRRORS WITH LH AND RH REMOTE 797-001 DOOR MOUNTED MIRRORS 796-001 102 INCH EQUIPMENT WIDTH 743-204 LH AND RH 8 INCH BRIGHT FINISH CONVEX MIRRORS MOUNTED UNDER PRIMARY MIRRORS 74B-1B4 12RH AND LH 8 INCH HEATED STAINLESS STEEL FENDER MOUNTED CONVEX MIRRORS WITH TRIPOD BRACKETS 729-001 STANDARD SIDE/REAR REFLECTORS 677-055 RH AFTERTREATMENT SYSTEM CAB ACCESS WITH POLISHED DIAMOND PLATE COVER 764-010 10COMPOSITE EXTERIOR SUN VISOR 768-043 63X14 INCH TINTED REAR WINDOW 661-004 TINTED DOOR GLASS LH AND RH WITH TINTED OPERATING WING WINDOWS City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 11 of 18 01:05 PM Page 168 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR Data Code Weight Front Weight RearDescription 654-011 RH AND LH ELECTRIC POWERED WINDOWS 663-029 1-PIECE BONDED HEATED WIPER PARK SOLAR GREEN GLASS WINDSHIELD 659-007 8 LITER (2 GAL) WINDSHIELD WASHER RESERVOIR, CAB MOUNTED, WITHOUT FLUID LEVEL INDICATOR Cab Interior 055-019 RUGGED TRIM PACKAGE 707-107 GRAY & CARBON VINYL INTERIOR "RUGGED" 70K-020 CARBON WITH PREMIUM GUNMETAL ACCENT (RUGGED) 706-013 MOLDED PLASTIC DOOR PANEL 708-013 MOLDED PLASTIC DOOR PANEL 772-006 BLACK MATS WITH SINGLE INSULATION 785-025 (1) 12V DASH MOUNTED POWER OUTLET 691-001 FORWARD ROOF MOUNTED CONSOLE 696-012 20CENTER STORAGE CONSOLE MOUNTED ON BACKWALL 693-019 LH AND RH DOOR STORAGE POCKETS INTEGRATED INTO MOLDED DOOR PANELS 738-021 DIGITAL ALARM CLOCK IN DRIVER DISPLAY 742-007 (2) CUP HOLDERS LH AND RH DASH 680-029 M2/SD DASH 720-003 105 LB. FIRE EXTINGUISHER 700-002 HEATER, DEFROSTER AND AIR CONDITIONER 701-008 STANDARD HVAC DUCTING WITH SNOW SHIELD FOR FRESH AIR INTAKE 703-005 MAIN HVAC CONTROLS WITH RECIRCULATION SWITCH 170-015 STANDARD HEATER PLUMBING City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 12 of 18 01:05 PM Page 169 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR Data Code Weight Front Weight RearDescription 130-041 VALEO HEAVY DUTY A/C REFRIGERANT COMPRESSOR 702-002 BINARY CONTROL, R-134A 739-034 PREMIUM INSULATION 285-013 SOLID-STATE CIRCUIT PROTECTION AND FUSES 280-007 12V NEGATIVE GROUND ELECTRICAL SYSTEM 324-1B3 STANDARD LED CAB LIGHTING 787-998 NO SECURITY DEVICE 657-001 DOOR LOCKS AND IGNITION SWITCH KEYED THE SAME 78G-002 KEY QUANTITY OF 2 655-005 LH AND RH ELECTRIC DOOR LOCKS 722-028 10TRIANGULAR REFLECTORS KIT WITHOUT FLARES SHIPPED LOOSE IN CAB 756-339 70PREMIUM ISRINGHAUSEN HIGH BACK AIR SUSPENSION DRIVERS SEAT WITH 2 AIR LUMBAR, INTEGRATED CUSHION EXTENSION, TILT AND ADJUSTABLE SHOCK 760-335 BASIC ISRI HIGH BACK NON SUSPENSION PASSENGER SEAT 759-007 4DUAL DRIVER SEAT ARMRESTS, NO PASSENGER SEAT ARMRESTS 711-004 LH AND RH INTEGRAL DOOR PANEL ARMRESTS 758-022 BLACK MORDURA CLOTH DRIVER SEAT COVER 761-023 BLACK MORDURA CLOTH PASSENGER SEAT COVER 763-101 BLACK SEAT BELTS 532-002 ADJUSTABLE TILT AND TELESCOPING STEERING COLUMN 540-070 4-SPOKE 18 INCH (450MM) LEATHER WRAPPED STEERING WHEEL WITH CHROME SWITCH BEZELS 765-002 DRIVER AND PASSENGER INTERIOR SUN VISORS Instruments & Controls City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 13 of 18 01:05 PM Page 170 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR Data Code Weight Front Weight RearDescription 106-002 ELECTRONIC ACCELERATOR CONTROL 732-998 NO INSTRUMENT PANEL-DRIVER 734-022 FULLY CONFIGURABLE CENTER INSTRUMENT PANELS 870-002 BRIGHT ARGENT FINISH GAUGE BEZELS 486-001 LOW AIR PRESSURE INDICATOR LIGHT AND AUDIBLE ALARM 840-001 DUAL NEEDLE PRIMARY AND SECONDARY AIR PRESSURE GAUGE 198-003 DASH MOUNTED AIR RESTRICTION INDICATOR WITH GRADUATIONS 721-001 397 DB BACKUP ALARM 149-015 ELECTRONIC CRUISE CONTROL WITH CONTROLS ON STEERING WHEEL SPOKES 156-007 KEY OPERATED IGNITION SWITCH AND INTEGRAL START POSITION; 4 POSITION OFF/RUN/START/ACCESSORY 811-044 PREMIUM INSTRUMENT CLUSTER WITH 5.0 INCH TFT COLOR DISPLAY 81B-003 DIGITAL PANEL LAMP DIMMER SWITCH IN DRIVER DISPLAY 160-038 HEAVY DUTY ONBOARD DIAGNOSTICS INTERFACE CONNECTOR LOCATED BELOW LH DASH 844-001 2 INCH ELECTRIC FUEL GAUGE 48F-998 NO PREWIRED HIGH POWER CIRCUIT 48H-004 QUICKFIT POWERTRAIN INTERFACE CONNECTOR UNDER CAB WITH BLUNTCUTS 4CG-004 4 EXTRA PROGRAMMABLE SWITCHES/INDICATORS* $C1B0000ZZ,C1C0000ZZ,C1D0000ZZ,C1E0000ZZ 48C-002 QUICKFIT PROGRAMMABLE INTERFACE CONNECTOR(S) BETWEEN SEATS WITH BLUNTCUTS 856-001 ELECTRICAL ENGINE COOLANT TEMPERATURE GAUGE 852-002 ELECTRIC ENGINE OIL PRESSURE GAUGE 864-022 DIGITAL TRANSMISSION OIL TEMPERATURE IN DRIVER DISPLAY City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 14 of 18 01:05 PM Page 171 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR Data Code Weight Front Weight RearDescription 867-004 ELECTRONIC OUTSIDE TEMPERATURE SENSOR DISPLAY IN DRIVER MESSAGE CENTER 830-017 ENGINE AND TRIP HOUR METERS INTEGRAL WITHIN DRIVER DISPLAY 736-998 NO OBSTACLE DETECTION SYSTEM 72J-998 NO DR ASSIST SYSTEM 49B-998 NO VEHICLE STABILITY ADVISOR OR CONTROL 73B-998 NO LANE DEPARTURE WARNING SYSTEM 72K-998 NO REVERSE PROXIMITY SENSOR 679-998 NO OVERHEAD INSTRUMENT PANEL 35M-010 101 QUICKFIT PROGRAMABLE MODULE (QPM/XMC) 746-137 AM/FM/WB WORLD TUNER RADIO WITH BLUETOOTH, USB AND AUXILIARY INPUTS, J1939 747-001 DASH MOUNTED RADIO 750-002 (2) RADIO SPEAKERS IN CAB 753-001 AM/FM ANTENNA MOUNTED ON FORWARD LH ROOF 749-998 NO CB RADIO MOUNTING PROVISION 74D-006 STANDARD RADIO WIRING WITH STEERING WHEEL CONTROLS 810-027 ELECTRONIC MPH SPEEDOMETER WITH SECONDARY KPH SCALE, WITHOUT ODOMETER 817-001 STANDARD VEHICLE SPEED SENSOR 812-001 ELECTRONIC 3000 RPM TACHOMETER 813-1C8 DETROIT CONNECT PLATFORM HARDWARE 8D1-313 3 YEARS DAIMLER CONNECTIVITY BASE PACKAGE ON (FEATURES VARY BY MODEL) POWERED BY DETROIT CONNECT ON CUMMINS ENGINES 6TS-008 (2) TMC RP1226 ACCESSORY CONNECTORS: (1) LOCATED BEHIND PASSENGER SIDE REMOVABLE DASH PANEL (1) CENTER OF OVERHEAD CONSOLE City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 15 of 18 01:05 PM Page 172 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR Data Code Weight Front Weight RearDescription 162-002 IGNITION SWITCH CONTROLLED ENGINE STOP 329-117 FOUR EXTRA HARDWIRED SWITCHES IN DASH, ROUTE TO BETWEEN SEATS, CAPPED 4C1-025 HARDWIRE SWITCH #1, ON/OFF LATCHING, 20 AMPS IGNITION POWER 4C2-025 HARDWIRE SWITCH #2, ON/OFF LATCHING, 20 AMPS IGNITION POWER 4C3-017 HARDWIRE SWITCH #3,ON/OFF LATCHING, 10 AMPS BATTERY POWER 4C4-017 HARDWIRE SWITCH #4,ON/OFF LATCHING, 10 AMPS BATTERY POWER 4E1-001 4 SWITCH SLOTS, DRIVER OVERHEAD CONSOLE 81Y-005 PRE-TRIP INSPECTION FEATURE FOR EXTERIOR LAMPS ONLY 264-030 (1) OVERHEAD MOUNTED LANYARD CONTROL FOR DRIVER AIR HORN 883-998 NO TRAILER HAND CONTROL BRAKE VALVE 842-006 DIGITAL TURBO AIR PRESSURE IN DRIVER DISPLAY 836-015 DIGITAL VOLTAGE DISPLAY INTEGRAL WITH DRIVER DISPLAY 660-008 SINGLE ELECTRIC WINDSHIELD WIPER MOTOR WITH DELAY 304-030 ROTARY HEADLAMP SWITCH, MARKER LIGHTS/HEADLIGHTS SWITCH WITH PULL OUT FOR OPTIONAL FOG/ROAD LAMPS 882-009 ONE VALVE PARKING BRAKE SYSTEM WITH WARNING INDICATOR 299-020 SELF CANCELING TURN SIGNAL SWITCH WITH DIMMER, HEADLAMP FLASH, WASH/WIPE/INTERMITTENT 298-046 INTEGRAL ELECTRONIC TURN SIGNAL FLASHER WITH 40 AMP (20 AMP PER SIDE) TRAILER LAMP CAPACITY 87T-998 NO WRG/SW-OPTL #2,CHAS,AIR Design 065-000 PAINT: ONE SOLID COLOR Color 980-5F6 CAB COLOR A: L0006EY WHITE ELITE EY City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 16 of 18 01:05 PM Page 173 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR Data Code Weight Front Weight RearDescription 986-020 BLACK, HIGH SOLIDS POLYURETHANE CHASSIS PAINT 976-995 SUNVISOR PAINTED SAME AS CAB COLOR A 963-003 STANDARD E COAT/UNDERCOATING Certification / Compliance 996-001 U.S. FMVSS CERTIFICATION, EXCEPT SALES CABS AND GLIDER KITS Sales Programs NO SALES PROGRAMS HAVE BEEN SELECTED T O T A L V E H I C L E S U M M A R Y Weight Summary Weight Rear Total Weight Weight Front Factory Weight+12079 lbs4056 lbs8023 lbs Total Weight+8023 lbs 4056 lbs 12079 lbs Other Factory Charges PMV-024 GHG24 SURCHARGE - CUMMINS RD1-313 3 YEARS DAIMLER CONNECTIVITY BASE PACKAGE ON (FEATURES VARY BY MODEL) POWERED BYDETROIT CONNECT ON CUMMINS ENGINES RAC-42N M2/SD PLUS ESCALATOR RAG-020 CUMMINS TARIFF CHARGE - $205 RAU-025 MY25 ESCALATOR RFY-022 FRONT TIRE SURCHARGE RFU-022 REAR TIRE SURCHARGE P73-2FT STANDARD DESTINATION CHARGE Extended Warranty WAG-075 TOWING: 2 YEARS/UNLIMITED MILES/KM EXTENDED TOWING COVERAGE $750 CAP City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 17 of 18 01:05 PM Page 174 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR Extended Warranty FEX APPLIES (**) Prices shown do not include taxes, fees, etc… "Net Equipment Selling Price" is located on the Quotation Details Proposal Report. (***) All cost increases for major components (Engines, Transmissions, Axles, Front and Rear Tires) and government mandated requirements, tariffs, and raw material surcharges will be passed through and added to factory invoices. (+) Weights Shown are estimates only. If weight is critical, contact Customer Application Engineering. City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 18 of 18 01:05 PM Page 175 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR DIMENSIONS VEHICLE SPECIFICATIONS SUMMARY - DIMENSIONS Wheelbase (545)4125MM (162 INCH) WHEELBASE Rear Frame Overhang (552)1600MM (63 INCH) REAR FRAME OVERHANG Fifth Wheel (578)NO FIFTH WHEEL Mounting Location (577)NO FIFTH WHEEL LOCATION Maximum Forward Position (in)0 Maximum Rearward Position (in)0 Amount of Slide Travel (in)0 Slide Increment (in)0 Desired Slide Position (in)0.0 Cab Size (829)108 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB Sleeper (682)NO SLEEPER BOX/SLEEPERCAB Exhaust System (016)RH OUTBOARD UNDER STEP MOUNTED HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY WITH RH B-PILLAR MOUNTED VERTICAL TAILPIPE City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 1 of 2 01:05 PM Page 176 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR TABLE SUMMARY - DIMENSIONS Performance calculations are estimates only. If performance calculations are critical, please contact Customer Application Engineering. City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 2 of 2 01:05 PM Page 177 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR VEHICLE SPECIFICATIONS SUMMARY - GVWR Cab Size (829)108 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB Expected Front Axle(s) Load (lbs)18000.0 Expected Pusher Axle(s) Load (lbs)0.0 Expected Rear Axle(s) Load (lbs)23000.0 Expected Tag Axle(s) Load (lbs)0.0 Expected GVW (lbs)41000 Expected GCW (lbs)0.0 Front Axle (400)DETROIT DA-F-18.0-5 18,000# FL1 71.0 KPI/3.74 DROP SINGLE FRONT AXLE Front Suspension (620)18,000# TAPERLEAF FRONT SUSPENSION Front Hubs (418)CONMET PRESET PLUS PREMIUM IRON FRONT HUBS Front Disc Wheels (502)ALCOA ULTRA ONE 89U64X 22.5X9.00 10-HUB PILOT 5.99 INSET ALUMINUM FRONT WHEELS Front Tires (093)MICHELIN X WORKS Z 315/80R22.5 20 PLY RADIAL FRONT TIRES Front Brakes (402)MERITOR 16.5X6 Q+ CAST SPIDER CAM FRONT BRAKES, DOUBLE ANCHOR, FABRICATED SHOES Steering Gear (536)TRW TAS-85 POWER STEERING Rear Axle (420)DETROIT DA-RS-23.0-4 23,000# R-SERIES SINGLE REAR AXLE Rear Suspension (622)26,000# FLAT LEAF SPRING REAR SUSPENSION WITH HELPER AND RADIUS ROD Rear Hubs (450)CONMET PRESET PLUS PREMIUM IRON REAR HUBS Rear Disc Wheels (505)ALCOA ULA18X 22.5X8.25 10-HUB PILOT ALUMINUM DISC REAR WHEELS Rear Tires (094)MICHELIN X WORKS Z 11R22.5 16 PLY RADIAL REAR TIRES Rear Brakes (423)MERITOR 16.5X7 Q+ CAST SPIDER CAM REAR BRAKES, DOUBLE ANCHOR, FABRICATED SHOES Pusher / Tag Axle (443)NO PUSHER OR TAG AXLE Pusher / Tag Suspension (626)NO PUSHER OR TAG SUSPENSION Pusher / Tag Hubs (449)NO PUSHER OR TAG HUBS Dead/Pusher/Tag Disc Wheels (509)NO PUSHER/TAG DISC WHEELS Pusher / Tag Tires (095)NO PUSHER/TAG TIRES Pusher / Tag Brakes (456)NO PUSHER/TAG BRAKES City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 1 of 2 01:05 PM Page 178 of 294 Dustin Burns Prepared For : MINNESOTA STATE OF 50 Sherburne Ave UNITED STATES Phone : ST PAUL, MN 55155 1202 SUSQUEHANNA AVE. Prepared by: Brian Sutlief SUPERIOR, WI 54880 Phone : BOYER TRUCKS DULUTH-SUPERIOR TABLE SUMMARY - GVWR Performance calculations are estimates only. If performance calculations are critical, please contact Customer Application Engineering. City of Farmington L9 Plow Truck Application Version 11.9.708 Data Version PRL-28D.042 05/16/2024 Page 2 of 2 01:05 PM Page 179 of 294 Bill of Sale Purchaser’s Signature Date Sales Representative Manager’s Signature Date This agreement and any documents which are part of this transaction or incorporated herein comprise the entire agreement affecting this Retail Purchase Agreement and no other agreement or understanding of any nature concerning the same has been made or entered into or will be recognized. I have read and accept all of the terms and conditions of this Agreement, and agree to them as if they were printed above my signature. I further acknowledge receipt of a copy of this Agreement. This Agreement shall not become binding until signed and accepted by an Authorized Dealership Representative. Co-Purchaser’s Signature Date Stock#: $98,636.00Price:VIN:TBD Mileage: 0 White New 2025 FREIGHTLINER 108sd License and title fees are estimated $200.00Documentation Fee $75.00License Fee $20.00Transfer Fee $6781.236.875%State Tax $20.00Transit Tax $105,732.23Per Unit: ____________________________________________________________________________________________________________ $105,732.23Net Total Estimated delivery of the chassis is late December 2024. Page 1 of 4 Page 180 of 294 4873-1070-2088.1 ADDITIONAL TERMS AND CONDITIONS 1. Definitions: As used in this CONTRACT: ''I'; "ME'; or "MY" means the buyer and co-buyer. "YOU" OR "YOUR" means the seller or dealer. "VEHICLE" means the car, truck, or other VEHICLE described on the front of this CONTRACT including all the options listed. "Manufacturer'' means the company which makes the VEHICLE. "Trade- In" means the car, truck, motorcycle or other VEHICLE which I trade to YOU in partial payment for the vehicle. 2. Purpose: By signing the CONTRACT, I agree to buy the VEHICLE from YOU. By accepting this CONTRACT, YOU agree to deliver the VEHICLE to ME if the VEHICLE is in your inventory. If the VEHICLE is not in YOUR inventory, YOU agree to order the VEHICLE from the manufacturer, and after receiving the VEHICLE from the manufacturer, to deliver the VEHICLE to ME. 3. Price Changes by the Manufacturer: I understand that the VEHICLE price stated on the other side of this CONTRACT is based on the current prices the manufacturer charges YOU, and that at any time before YOU receive the VEHICLE from the manufacturer, the manufacturer has the right to raise the price it charges to YOU. I also understand that if the manufacturer does raise the price, YOU may raise the price to ME by the same amount, and that if YOU do raise YOUR price, I may cancel the CONTRACT and get back any down payment I have made. If YOU have not already sold the Trade-In (See Paragraph 4), I may have the Trade-In back by paying YOU the reasonable cost of storage and any repair work or reconditioning YOU may have done. 4. Trade-In: I understand that if I am using a Trade-In to partially pay for the VEHICLE, I may deliver the Trade-In to YOU either when I sign this CONTRACT or when the VEHICLE Is ready for ME to pick up. If I do not deliver the Trade-In to You when I sign this CONTRACT, I agree that at the time I deliver the Trade-In, YOU may reinspect the Trade-In and lower the allowance I may cancel this CONTRACT and get back my cash down payment. I also understand that if I deliver the Trade-In when I sign this CONTRACT, YOU may sell the Trade-In at any time and at any price YOU think proper. If I use paragraph 3 to cancel this CONTRACT and YOU have already sold the Trade-In, YOU will pay ME the price YOU received for the Trade-In minus 15% commission, minus any money YOU spent repairing, storing, insuring, or advertising the Trade-In. 5. Trade-In-MY Responsibilities: At the time I deliver the Trade-In to YOU, I agree to guarantee that I own the Trade-In free and clear and to furnish proper proof of ownership, including the Certificate of Title or other evidence of ownership. 6. MY Refusal to Take Delivery: Unless this CONTRACT is non-binding because YOU are arranging credit for ME, or unless I have cancelled this CONTRACT pursuant to paragraphs 3 and 4, I understand that YOU may retain the cash down payment I have given YOU as an offset to YOUR damages if I refuse to complete MY purchase. I also understand that I may be responsible for any other damages which YOU may incur as a result of MY failure to perform my obligations under the terms of this CONTRACT. If I have delivered the Trade-In to YOU at the time I signed this contract, YOU may retain the Trade-In and sell ii to reimburse YOURSELF for the expenses of repairing, storing, or reconditioning the Trade-In and for other expenses or losses YOU may incur as a result of MY failure to perform MY obligations under this CONTRACT. 7. Design Changes by the Manufacturer: I understand that the manufacturer has the right to change the design of the VEHICLE, its chassis, its parts or accessories at any time without notice to YOU or to ME: In the event of a change in design, YOU have no duty to ME except to deliver the VEHICLE as made by the manufacturer. 8. Delays in Delivery: I understand that YOU are not responsible for delays in delivery caused by the manufacturer, or by accidents, fires, or other causes beyond YOUR control. I also understand that YOU do not control the manufacturer and are not part of the manufacturer and do not work for the manufacturer. 9. Taxes: I understand that the price of the VEHICLE does not include Slate Sales or Federal Excise Taxes or any other tax or governmental fee. I also understand that I must pay YOU the proper amount of any sales or federal excise tax or other governmental fee which applies to this sale. 10. New VEHICLE Disclaimer of Warranties: I understand that if I am buying a new VEHICLE, the VEHICLE will come with a manufacturer's warranty which is a promise from the manufacturer directly to ME and that YOU expressly disclaim any and all warranties, express or implied, including any implied warranty or merchantability or fitness for a particular purpose. I also understand that YOU make no guarantees of any kind about the VEHICLE'S condition or performance and that once I take delivery, I have complete responsibility and all the risk for any problems with the VEHICLE. 11. Used VEHICLE Disclaimer of Warranties: I understand that if I am purchasing a used VEHICLE, YOU expressly disclaim any warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. I also understand that YOU make no guarantees of any kind about the VEHICLE'S condition or performance and that once I take delivery, I have complete responsibility and all the risk for any problems with the VEHICLE. 12. Dealer Warranty or Service Contract: I understand that if YOU offer a limned warranty on a used VEHICLE or I purchase an extended service contract on a new or used VEHICLE, YOU may not disclaim any implied warranties of merchantability or fitness for a particular purpose and the disclaimer on the front side of this ORDER will not apply. 13. Used Vehicle Window Sticker Form: I understand that if I am purchasing a used VEHICLE or a demonstrator, the information I see on the window form for this VEHICLE is part of this CONTRACT. Information of the window form overrides any contrary provisions in the CONTRACT of sale. 14. Limitation of Liability: I UNDERSTAND THAT IN NO EVENT SHALL YOU BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THIS CONTRACT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (C) THE LEGAL OR EQUITABLE THEORY (AGREEMENT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (D) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL YOUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS CONTRACT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF AGREEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID FOR THE VEHICLE. 15. Governing Law; Jurisdiction; Venue: This Contract shall be governed by the laws of the State of Colorado without reference to conflict of laws principles. Any dispute under this Contract shall be resolved in a state or federal court of competent jurisdiction located in Adams County, Colorado. The parties hereby irrevocably consent to personal jurisdiction of such courts and agree to appear in any such action upon written notice thereof. The parties hereby submit to the exclusive jurisdiction of the federal and Colorado State courts located in Adams County, Colorado in connection with any dispute related to this Agreement or any of the matters contemplated hereby or thereby. Each Party irrevocably consents to the personal jurisdiction of such courts and irrevocable waives any objection that such Party may now or later have based on venue or forum non conveniens. Notwithstanding the foregoing, an action in replevin, trespass, detinue, trover or any similar action may be brought in any jurisdiction in which the VEHICLE subject to such action is located. 16. Attorneys’ Fees, Costs, and Expenses: In the event of litigation relating to this Contract, the substantially prevailing party shall be awarded its reasonable attorneys’ fees, costs, and expenses (including, but not limited to, expert fees and expenses) incurred in connection with such litigation. Page 2 of 4 Page 181 of 294 UNLESS OTHERWISE STATED, ALL INCENTIVES TO DEALER INSURANCE INFORMATION q TRADE-IN TITLE X ___________________________________________________________ BUYER’S SIGNATURE THIS AMOUNT IS DUE AND PAYABLE ON ____________________________ AFTER THIS DATE AS PER OUR AGREEMENT, A DAILY INTEREST OF _______________________ WILL BE CHARGED. POLICY NUMBER: COMPANY: AGENT: ADDRESS: PHONE NUMBER: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ TRADE-IN INFORMATION YEAR ______________ MAKE & MODEL _______________________________________________ SERIAL NO. _______________________________________________________________________ MILEAGE ______________________ LICENSE # ________________________________________ I AGREE THAT MY TRADE-IN WILL REMAIN IN THE SAME CONDITION AND WILL RETAIN THE SAME EQUIPMENT AS APPRAISED THIS DATE X ________________________________________________________________________________ BUYER’S SIGNATURE LIMITED WARRANTY NEW VEHICLE OR USED VEHICLE WITH REMAINING FACTORY WARRANTY Any warranties on the products sold hereby are those of the manufacturer. As between this retail seller and buyer, the product is to be sold “AS IS” and the entire risk as lo the quality and performance of the product is with the buyer. The seller expressly disclaims all warranties, either express or impelled, including any implied warranty of merchantability or fitness for a particular purpose, and the seller neither assumes nor authorizes any other person lo assume for it any liability in connection with the sale of said products. This disclaimer by this seller in no way affects the terms of the manufacturer’s warranty. The buyer acknowledges being so informed prior to the sale. X ________________________________________________________________________________ BUYER’S SIGNATURE I have been presented the option of an Extended Service Plan: Accept ___________ Decline ___________ The following statement is to be signed when the above new truck(s) is (are) under 33,000 # G.V.W. and equipped with air brakes: “I certify that the air brake-equipped truck(s) above will not be completed as a tractor, but will be completed as a straight truck.” X __________________________________________________________ BUYER’S SIGNATURE The front and back of this Order comprise the entire agreement affecting this purchase and no other agreement or understanding of any nature concerning same has been made or entered into, or will be recognized. I hereby certify that no credit has been extended to me for the purchase of this motor vehicle except as appears in writing on the face of this agreement. I have read the matter on the back hereof and agree to it as a part of this order the same as if it were, printed above my signature. I certify that I am 18 years of age, or older, and hereby acknowledged receipt of a copy of this order. The terms of this contract of sale were, agreed upon and the contract signed in this dealership on the date noted at top of form. If credit is involved, this order is not valid in conjunction with a credit sale until I credit disclosure is made as described in regulation “Z”, and the buyer accepts the credit extended. NOTICE OF SALESMAN’S LIMITED AUTHORITY Accepted X ____________________________________________________________ This order is not valid unless signed and accepted by Sales Manager or Officer of Company. IMPORTANT: THIS MAY BE A BINDING CONTRACT AND YOU MAY LOSE ANY DEPOSITS IF YOU DO NOT PERFORM ACCORDING TO ITS TERMS. UNLESS OTHERWISE STATE, ALL INCENTIVES TO DEALER. X _____________________________________________________________________ BUYER’S SIGNATURE NO DEALER WARRANTY USED VEHICLES No guarantee or warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. This vehicle is being sold on an “As is Basis with All Faults.” The Buyer hereby acknowledges that the entire risk as to the quality and performance of this vehicle is with the Buyer. The Buyer assumes full responsibility for making inspections and repairs as may be necessary before putting this vehicle to use. The above warranty information was explained to me prior to the sale. X ________________________________________________________________________ BUYER’S SIGNATURE BUYER’S ORDER Page 3 of 4 Page 182 of 294 ADDITIONAL TERMS AND CONDITIONS 1. Definitions: As used in this CONTRACT: “I”, “ME”, or “MY” means the buyer and co-buyer. ‘’YOU” OR “YOUR” means the seller or dealer. ‘’VEHICLE” means the car, truck, or other VEHICLE described on the front of this CONTRACT including all the options listed. “Manufacturer” means the company which makes the VEHICLE. “Trade- In” means the car, truck, motorcycle or other VEHICLE which I trade to YOU in partial payment for the vehicle. 2. Purpose: By signing the CONTRACT, I agree to buy the VEHICLE from YOU. By accepting this CONTRACT, YOU agree to deliver the VEHICLE to ME if the VEHICLE is in your inventory. If the VEHICLE is not in YOUR inventory, YOU agree to order the VEHICLE from the manufacturer, and after receiving the VEHICLE from the manufacturer, to deliver the VEHICLE to ME. 3. Price Changes by the Manufacturer: I understand that the VEHICLE price stated on the other side of this CONTRACT is based on the current prices the manufacturer charges YOU, and that at any time before YOU receive the VEHICLE from the manufacturer, the manufacturer has the right to raise the price it charges to YOU. I also understand that if the manufacturer does raise the price, YOU may raise the price to ME by the same amount, and that if YOU do raise YOUR price, I may cancel the CONTRACT and get back any down payment I have made. If YOU have not already sold the Trade-In (See Paragraph 4), I may have the Trade-In back by paying YOU the reasonable cost of storage and any repair work or reconditioning YOU may have done. 4. Trad e-In: I understand that if I am using a Trade-In to partially pay for the VEHICLE, I may deliver the Trade-In to YOU either when I sign this CONTRACT or when the VEHICLE Is ready for ME to pick up. If I do not deliver the Trade-In to You when I sign this CONTRACT, I agree that at the time I deliver the Trade-In, YOU may reinspect the Trade-In and lower the allowance I may cancel this CONTRACT and get back my cash down payment. I also understand that if I deliver the Trade-In when I sign this CONTRACT, YOU may sell the Trade-In at any time and at any price YOU think proper. If I use paragraph 3 to cancel this CONTRACT and YOU have already sold the Trade-In, YOU will pay ME the price YOU received for the Trade-In minus 15% commission, minus any money YOU spent repairing, storing, insuring, or advertising the Trade-In. 5. Trade-In-MY Responsibilities: At the time I deliver the Trade-In to YOU, I agree to guarantee that I own the Trade-In free and clear and to furnish proper proof of ownership, including the Certificate of Title or other evidence of ownership. 6. MY Refusal to Take Delivery: Unless this CONTRACT is non-binding because YOU are arranging credit for ME, or unless I have cancelled this CONTRACT pursuant to paragraphs 3 and 4, I understand that YOU may retain the cash down payment I have given YOU as an offset to YOUR damages if I refuse to complete MY purchase. I also understand that I may be responsible for any other damages which YOU may incur as a result of MY failure to perform my obligations under the terms of this CONTRACT. If I have delivered the Trade-In to YOU at the time I signed this contract, YOU may retain the Trade-In and sell ii to reimburse YOURSELF for the expenses of repairing, storing, or reconditioning the Trade-In and for other expenses or losses YOU may incur as a result of MY failure to perform MY obligations under this CONTRACT. 7. Design Changes by the Manufacturer: I understand that the manufacturer has the right to change the design of the VEHICLE, its chassis, its parts or accessories at any time without notice to YOU or to ME: In the event of a change in design, YOU have no duty to ME except to deliver the VEHICLE as made by the manufacturer. 8. Delays in Delivery: I understand that YOU are not responsible for delays in delivery caused by the manufacturer, or by accidents, fires, or other causes beyond YOUR control. I also understand that YOU do not control the manufacturer and are not part of the manufacturer and do not work for the manufacturer. 9. Tax es: I understand that the price of the VEHICLE does not include Slate Sales or Federal Excise Taxes or any other tax or governmental fee. I also understand that I must pay YOU the proper amount of any sales or federal excise tax or other governmental fee which applies to this sale. 10. New VEHICLE Disclaimer of Warranties: I understand that if I am buying a new VEHICLE, the VEHICLE will come with a manufacturer’s warranty which is a promise from the manufacturer directly to ME and that YOU expressly disclaim any and all warranties, express or implied, including any implied warranty or merchantability or fitness for a particular purpose. I also understand that YOU make no guarantees of any kind about the VEHICLE’S condition or performance and that once I take delivery, I have complete responsibility and all the risk for any problems with the VEHICLE. 11. Used VEHICLE Disclaimer of Warranties: I understand that if I am purchasing a used VEHICLE, YOU expressly disclaim any warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. I also understand that YOU make no guarantees of any kind about the VEHICLE’S condition or performance and that once I take delivery, I have complete responsibility and all the risk for any problems with the VEHICLE. 12. Dealer Warranty or Service Contract: I understand that if YOU offer a limned warranty on a used VEHICLE or I purchase an extended service contract on a new or used VEHICLE, YOU may not disclaim any implied warranties of merchantability or fitness for a particular purpose and the disclaimer on the front side of this ORDER will not apply. 13. Used Vehicle Window Sticker Form: I understand that if I am purchasing a used VEHICLE or a demonstrator, the information I see on the window form for this VEHICLE is part of this CONTRACT. Information of the window form overrides any contrary provisions in the CONTRACT of sale. Page 4 of 4 Page 183 of 294 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Shirley Buecksler, City Clerk Department: Administration Subject: Donation of $15,000 from the Farmington Fire Relief Association to the City of Farmington Meeting: Regular Council - Jun 17 2024 INTRODUCTION: The Farmington Fire Relief Association has donated $15,000 to the City of Farmington. DISCUSSION: The Farmington Fire Relief Association donates substantial funds from time to time to the City of Farmington. This donation of $15,000 from the Farmington Fire Relief Association will be deposited into the Fire Capital Projects Fund. ACTION REQUESTED: Adopt Resolution 2024-55 Accepting the Donation of $15,000 from Farmington Fire Relief Association to the City of Farmington, to be deposited into the Fire Capital Projects Fund. ATTACHMENTS: 2024-55 Donation from Fire Relief to City of Farmington Page 184 of 294 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-55 A RESOLUTION ACCEPTING A DONATION OF $15,000 FROM FARMINGTON FIRE RELIEF ASSOCIATION TO THE CITY OF FARMINGTON WHEREAS, the Farmington Fire Department provides fire and emergency medical services; and WHEREAS, the Farmington Fire Relief Association donates substantial funds from time to time to the City of Farmington; and WHEREAS, the Farmington Fire Relief Association has donated $15,000 to the City of Farmington; and WHEREAS, it is required by state statute that such donations be formally accepted; and, WHEREAS, it is in the best interests of the City to accept this donation. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council hereby accept with sincere gratitude this generous donation of $15,000 from the Farmington Fire Relief Association to be deposited in the Fire Capital Projects Fund. Adopted by the City Council of the City of Farmington, Minnesota, this 17th day of June 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 185 of 294 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Tony Wippler, Planning Manager Department: Community Development Subject: Petition to Rezone Properties from MUCI (Mixed Use Commercial/Industrial) to I (Industrial); the Subject Properties are Generally Located at the Southeast Intersection of Pilot Knob Road and 208th Street West Meeting: Regular Council - Jun 17 2024 INTRODUCTION: The applicant, R&L Carriers, has submitted a petition for the rezoning of two parcels of land. The subject parcels are: 1. PID# 14-25852-00-010 (Outlot A Farmington Industrial Park 3rd Addition) 2. PID# 14-25852-00-020 (Outlot B Farmington Industrial Park 3rd Addition) Please note attached location map labeled Exhibit A. The subject properties are owned by POR- MKR REAL ESTATE, LLC. DISCUSSION: R&L Carriers is proposing an expansion to their trucking terminal located at 5260 208th Street West. The expansion (as shown on the attached concept plan labeled Exhibit B) would potentially include a 76,230 square foot building expansion along with additional paved surface parking and stormwater facilities. The expansion necessitates the acquisition and subsequent combination, via plat, of Lot 1, Block 1 Farmington Industrial Park 3rd Addition and Outlots A and B Farmington Industrial Park 3rd Addition with R&L's existing site located at 5260 208th Street W. The existing site for R&L Carriers along with the parcel legally described as Lot 1, Block 1 Farmington Industrial Park 3rd Addition are currently zoned I (Industrial) in which truck terminals are (Mixed-Use MUCI zoned currently are B and A Outlots use. conditional a Commercial/Industrial) and truck terminals are neither a permitted nor conditional use. The applicant is requesting that the zoning be amended for Outlots A and B Farmington Industrial Park 3rd Addition from MUCI (Mixed-Use Commercial/Industrial) to I (Industrial). I have attached as Exhibit C the City's zoning map identifying the parcels to be rezoned. Outlots are guided as Mixed-Use Addition 3rd Park and Farmington B A Industrial the (Commercial/Industrial) within the City's comprehensive plan. This guidance allows for integration of commercial and industrial land uses which are compatible with each other. Staff is comfortable leaving this guidance in place as it does contemplate the type of use that is being proposed (Industrial). Page 186 of 294 Planning Commission The Planning Commission reviewed the rezone petition and held a public hearing at its June 11th regular meeting. The Planning Commission recommended approval of the rezone with a vote of 4- 0. BUDGET IMPACT: Not applicable ACTION REQUESTED: Adopt Ordinance 2024-07 Amending Title 10 of the Farmington City Code, the Farmington Zoning Ordinance, Rezoning the Parcels with PID Numbers 14-25852-00-010 and 14-25852-00-020 from MUCI (Mixed Use Commercial/Industrial) to I (Industrial). ATTACHMENTS: Exhibit A Location map Exhibit B Farmington Concept v1 Zoning_June22 Ord 2024-07 Amending Title 10 of Zoning Ordinance, Rezoning PID 14-25852-00-010 and 14- 25852-00-020 from MUCI to I Page 187 of 294 Page 188 of 294 Pa g e 1 8 9 o f 2 9 4 Page 190 of 294 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE 2024-07 AN ORDINANCE AMENDING TITLE 10 OF THE FARMINGTON CITY CODE, THE FARMINGTON ZONING ORDINANCE, REZONING THE PARCELS WITH PID NUMBERS 14-25852-00-010 AND 14-25852-00-020 FROM MUCI (MIXED USE COMMERCIAL/INDUSTRIAL) TO I (INDUSTRIAL) The City Council of the City of Farmington ordains: SECTION 1. Section 10-5-1 of the Farmington City Code is amended by rezoning the properties depicted on the attached Exhibit A from MUCI (Mixed Use Commercial/Industrial) to I (Industrial). SECTION 2. The Zoning Map of the City of Farmington, adopted under Section 10-5-1 of the Farmington City Code, shall be republished to show the aforesaid zoning. SECTION 3. EFFECTIVE DATE. This ordinance shall be effective upon its passage and publication according to law. Passed by the City Council of the City of Farmington, Minnesota, this 17th day of June 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 191 of 294 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Tony Wippler, Planning Manager Department: Community Development Subject: Vermillion Commons 4th Addition Preliminary Plat and Planned Unit Development Meeting: Regular Council - Jun 17 2024 INTRODUCTION: Attached for Council’s consideration is the Vermillion Commons 4th Addition Preliminary Plat and Planned Unit Development. DISCUSSION: Vermillion Commons 4th Addition Preliminary Plat As shown on the plat (attached), the developer proposes 68 single-family lots and 66 townhome lots on 20.3 net acres (26 acres gross) of land with a net density of 6.6 units per acre. The single- family lots are located on the north and west side of the development and the townhomes units are located at the southeast side of the development. Stormwater ponding will be located on the west side of the development, adjacent to the Dakota County Conservation Area. The minimum lot area proposed for the single-family lots is 4,800 square feet with an overall average lot size of 6,198 square feet in the development. The minimum lot width and depth of the single-family lots will be 40 feet and 120 feet, respectively. The minimum setbacks proposed for the development are: Single-family Front yard setback: 25 feet Side yard interior setback: 6 feet Side yard corner setback: 20 feet Rear yard setback: 25 feet Townhome Minimum setback from roadway: 25 feet There is a total of 5 outlots shown on the Preliminary Plat labeled A-E and are described as follows: -Outlot A is 1.5 acres in size and will be dedicated as parkland with the final plat. -Outlot B is 4.1 acres in size and will consist of stormwater ponding. Page 192 of 294 -Outlot C is 1.36 acres and consists of private road. -Outlots D&E total 2.9 acres and consists of common area for the townhomes. Transportation & Parking The developer proposes three access points for the development. Both Lilac Drive and 218th Street West will be extended from the Vermillion Commons townhome development located to the east and Poppy Drive will connect into 220th Street West on the south side of the development. All public roads (Lilac Drive, 218th Street West, Poppy Drive, and Poppy Lane) will consist of a 60-foot right-of-way with a 32-foot-wide roadway. The private streets within the townhome portion of the development will be 24 feet in width. The private streets will have to be signed no on-street parking. Townhome dwellings require 2 off street parking stalls per unit. Each townhome unit will provide a double car garage. Additionally, the townhome driveways will be a minimum of 25 feet in length allowing for additional parking on the driveway. The developer is also proposing an additional 26 off street "visitor" parking spaces throughout the townhome portion of the development. Parks, Trails and Sidewalk A 1.5-acre park is proposed on the north end of the development (Outlot A). This is contiguous to additional land owned by the City in the Vermillion Commons townhome development to the east. Five-foot-wide sidewalk is proposed on the west side of Lilac Drive, south side of 218th Street West, and on the east side of Poppy Drive. Dakota County has a 12-foot-wide trail, drainage and utility easement that was granted in 2022 that runs along the west and north property boundary. This easement will have to be shown on the final plat. Engineering The Engineering Department has reviewed the preliminary plat and has recommended approval of the plat contingent upon the satisfaction of engineering requirements and comments. The developer has been informed that before review of the final plat is performed, all engineering requirements and comments must meet the satisfaction of the Engineering Department. Preliminary Planned Unit Development The subject property is currently zoned R-3 (Medium Density Residential) and is proposed to be rezoned to R-3 PUD. The proposed deviations with this planned unit development are as follows: Allowing single-family dwellings within the R-3 zoning district. Reducing minimum lot area for single-family lots to 4,800 square feet. Reducing minimum lot width for single-family lots to 40 feet. Increasing minimum front yard setback for single-family lots to 25 feet Increasing rear yard setback for single-family lots to 25 feet. Increasing the maximum lot ("building") coverage for single-family lots to 45 percent. The allowance of private streets. Page 193 of 294 Reduced width of private streets to 24 feet. Planning Commission The Planning Commission reviewed the Preliminary Plat and Planned Unit Development and held a public hearing at its June 11th regular meeting. The Planning Commission recommended approval of the Preliminary Plat and Planned Unit Development with a vote of 4-0. BUDGET IMPACT: Not applicable ACTION REQUESTED: Adopt Resolution No. 2024-53 Approving Preliminary Plat and Planned Unit Development Vermillion Commons 4th Addition, contingent upon the following: 1. The satisfaction of all engineering comments/requirements including construction plans for grading, stormwater, and utilities. ATTACHMENTS: VC4th Location Map 23997 - Vermillion Commons 4th Prelim Plat and Plans Res 2024-53 Preliminary Plat and PUD Vermillion Commons 4th Addition Page 194 of 294 Nearmap U‘S1m,Dakota County N Page 195 of 294 W E T L A N DVE R M I L L I O N R I V E R Pa g e 1 9 6 o f 2 9 4 VE R M I L L I O N R I V E R Z O N E A E % A 6 E ) L O O ' E L E 9 A T I O N 6 ' E T E R M I N E ' ZONE X AREA6 O) ANN8AL &+AN&E )LOO' Z O N E X A R E A 6 ' E T E R M I N E ' T O % E O 8 T 6 I ' E T + E A N N 8 A L & + A N & E ) L O O ' P L A I N Pa g e 1 9 7 o f 2 9 4 29 9 9 W E S T C . R . 4 2 , S U I T E 1 0 0 , B U R N S V I L L E , M N 5 5 3 0 6 PH O N E : 9 5 2 . 8 9 0 . 6 0 4 4 w w w . j r h i n c . c o m PL A N N E R S / E N G I N E E R S / S U R V E Y O R S VE R M I L L I O N C O M M O N S 4 T H A ' ' I T I O N FA R M I N G T O N , M I N N E S O T A PR E L I M I N A R Y P L A T FO R LE N N A R 16 3 0 5 3 6 T H A V E N , S U I T E 4 0 0 , P L Y M O U T H , M N 5 5 4 4 6 'RAWN BY 'ATE REVISIONS PLM 3/20/2024 CA' FILE 23997pp.dwg PRO-ECT NO. 23997-00 C2.0 Ja m e s R . H i l l , I n c . Outlot E, VERMILLION VALLEY DEVELOPMENT, Dakota County, Minnesota PROPERTY DESCRIPTION DRAINAGE AND UTILITY EASEMENTS BEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING LOT LINES, AND BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING RIGHT OF WAY LINES, AS SHOWN ON THIS PLAT. DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: BEARINGS ARE BASED ON THE EAST LINE OF OUTLOT E, VERMILLION VALLEY DEVELOPMENT WHICH IS ASSUMED TO HAVE A BEARING OF N 00°48'47" E Pa g e 1 9 8 o f 2 9 4 29 9 9 W E S T C . R . 4 2 , S U I T E 1 0 0 , B U R N S V I L L E , M N 5 5 3 0 6 PH O N E : 9 5 2 . 8 9 0 . 6 0 4 4 w w w . j r h i n c . c o m PL A N N E R S / E N G I N E E R S / S U R V E Y O R S VE R M I L L I O N C O M M O N S 4 T H A ' ' I T I O N FA R M I N G T O N , M I N N E S O T A PR E L I M I N A R Y P L A T FO R LE N N A R 16 3 0 5 3 6 T H A V E N , S U I T E 4 0 0 , P L Y M O U T H , M N 5 5 4 4 6 'RAWN BY 'ATE REVISIONS PLM 3/20/2024 CA' FILE 23997pp.dwg PRO-ECT NO. 23997-00 C2.1 Ja m e s R . H i l l , I n c . DRAINAGE AND UTILITY EASEMENTS BEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING LOT LINES, AND BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING RIGHT OF WAY LINES, AS SHOWN ON THIS PLAT. DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: BEARINGS ARE BASED ON THE EAST LINE OF OUTLOT E, VERMILLION VALLEY DEVELOPMENT WHICH IS ASSUMED TO HAVE A BEARING OF N 00°48'47" E Pa g e 1 9 9 o f 2 9 4 29 9 9 W E S T C . R . 4 2 , S U I T E 1 0 0 , B U R N S V I L L E , M N 5 5 3 0 6 PH O N E : 9 5 2 . 8 9 0 . 6 0 4 4 w w w . j r h i n c . c o m PL A N N E R S / E N G I N E E R S / S U R V E Y O R S VE R M I L L I O N C O M M O N S 4 T H A ' ' I T I O N FA R M I N G T O N , M I N N E S O T A PR E L I M I N A R Y P L A T FO R LE N N A R 16 3 0 5 3 6 T H A V E N , S U I T E 4 0 0 , P L Y M O U T H , M N 5 5 4 4 6 'RAWN BY 'ATE REVISIONS PLM 3/20/2024 CA' FILE 23997pp.dwg PRO-ECT NO. 23997-00 C2.2 Ja m e s R . H i l l , I n c . DRAINAGE AND UTILITY EASEMENTS BEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING LOT LINES, AND BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING RIGHT OF WAY LINES, AS SHOWN ON THIS PLAT. DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: BEARINGS ARE BASED ON THE EAST LINE OF OUTLOT E, VERMILLION VALLEY DEVELOPMENT WHICH IS ASSUMED TO HAVE A BEARING OF N 00°48'47" E Pa g e 2 0 0 o f 2 9 4 SB-1 Pa g e 2 0 1 o f 2 9 4 ESTIMATED EROSION AND SEDIMENT CONTROL QUANTITIES VERMILLION COMMON - FARMINGTON, MN TYPE OF PROJECT: RESIDENTIAL TYPE OF WORK: Mass Grading, Utility and Street Construction, Paving. Subsequently, Joint Trench and Home construction will occur. TOTAL PLATTED AREA: 25.93 AC TOTAL DISTURBED AREA: 23.72 AC PROPOSED (DESIGN) IMPERVIOUS AREA:10.76 AC SPECIAL WATERS: The site is LOCATED within a 1-mile radius of a special or impaired water. TROUT STREAMS M-049 AND M-049-12 This stream is identified in Minn R. 6264.0050, subp. 4 as a trout stream. Projects discharging to trout streams must incorporate the additional best management practices (BMPs) found in items 23.9, 23.10, 23.11 and 23.12 of the permit if the project has a discharge point on the project within 1 mile (aerial radius measurement) of, and flows to the trout stream. 23.9: Permittees must immediately initiate stabilization of exposed soil areas, as described in item 8.4, and complete the stabilization within seven (7) calendar days after the construction activity in that portion of the site temporarily or permanently ceases. 23.10: Permittees must provide a temporary sediment basin as described in Section 14 for common drainage locations that serve an area with five (5) or more acres disturbed at one time. 23.11: Permittees must include an undisturbed buffer zone of not less than 100 linear feet from a special water (not including tributaries) and must maintain this buffer zone at all times, both during construction and as a permanent feature post construction, except where a water crossing or other encroachment is necessary to complete the project. Permittees must fully document the circumstance and reasons the buffer encroachment is necessary in the SWPPP and include restoration activities. This permit allows replacement of existing impervious surface within the buffer. Permittees must minimize all potential water quality, scenic and other environmental impacts of these exceptions by the use of additional or redundant BMPs and must document this in the SWPPP for the project. 23.12: Permittees must design the permanent stormwater treatment system so the discharge from the project minimizes any increase in the temperature of trout streams resulting from the one (1) and two (2) year 24-hour precipitation events. IMPAIRED STREAMS WITH ADDITIONAL CONSTRUCTION REQUIREMENTS: VERMILLION RIVER AND UNNAMED CREEK This river segment has an EPA-approved impairment for: Benthic macroinvertebrates bioassessments; Dissolved oxygen; Fecal coliform; Fish bioassessments; Mercury in fish tissue; Turbidity. These impairment(s) are considered to be construction related parameters and require the additional best management practices (BMPs) found in items 23.9 and 23.10 of the permit if the project has a discharge point on the project within 1 mile (aerial radius measurement) of, and flows to the impaired stream. 23.9: Permittees must immediately initiate stabilization of exposed soil areas, as described in item 8.4, and complete the stabilization within seven (7) calendar days after the construction activity in that portion of the site temporarily or permanently ceases. 23.10: Permittees must provide a temporary sediment basin as described in Section 14 for common drainage locations that serve an area with five (5) or more acres disturbed at one time. Also, a mandatory Stormwater Pollution Prevention Plan (SWPPP) review is required by the MPCA if the project will disturb over 50 acres and has a discharge point on the project within 1 mile (aerial radius measurement) of, and flows to the impaired water. Owners must submit the application for coverage and the Storm Water Pollution Prevention Plan at least 30-days before the construction start date. The SWPPP can be attached electronically when using the online application. CONSTRUCTION PHASING The project is expected to be constructed in three phases, with mass grading occurring during one construction season. Mass grading is anticipated to be completed within 4 weeks from commencement of work. Utility and street construction is anticipated to be completed within 4 weeks from commencement of work. POTENTIONAL FOR EROSION AND DISCHARGE OF SEDIMENT As the site will be stripped of topsoil and vegetation for a period of several weeks during construction, the potential for erosion will increase. The overall gradients on the site are relatively low. The street subcut will serve as temporary sediment basins during construction. The project is primarily cut, and therefore perimeter erosion will flow inward towards the project. The risk of discharge of sediment off of the site is low, due to the grade orientation and design. The highest potential for discharge off the site is from the street entrance. Contractor will be required to manage completion of 3:1 slopes such that soil exposure is minimized. After excavation and embankments are completed, slopes shall be re-spread with topsoil, the slope grades certified, and erosion blanket installed as per the plan. Contractor shall coordinate these steps to be carried out in a timely manner. EROSION CONTROL BMPs The construction plans anticipate the use of, but are not limited to, the following Erosion Control BMPs: 1.Perimeter delineation to minimize disturbed areas 2.Temporary Rock Construction Entrance 3.Temporary straw mulch as needed. 4.Seed and mulch/sod 5.Erosion Control Blanket 6.Minimize active or disturbed work areas 7.Horizontal slope grading 8.Turf Reinforcement Mat SEDIMENT CONTROL BMPs The construction plans anticipate the use of, but are not limited to, the following Sediment Control BMPs 1.Sediment traps constructed in street subcut 2.Rock filter dikes in street subcut 3.Utilize permanent stormwater basin as Temporary Sediment Basin 4.Silt Fence at project perimeter or toe of slopes 5.Inlet protection on existing catch basins 6.Inlet protection on existing culverts 7.Inlet protection after utility construction 8.Linear control along back of new curb and gutter (sod, bioroll, or silt fence) 9.Routine street sweeping adjacent to construction entrance. 10.Ditch checks Refer to plans for designated locations of BMPs, details and implementation notes. BASIN AND TRAP DEWATERING BMPs Should the need arise for basin or trap dewatering, contractor shall utilize a floating skimmer pump intake, such that the water is drawn from the surface of the basin. Pumped effluent shall not be discharged into Surface Waters in a turbid state. Turbid effluent shall be filtered with mechanical devices, chemical filtering, or a combination thereof, to a state of 50 NTUs or less. STABILZATION BMPs The construction plans anticipate the use of, but are not limited to, the following Stabilization BMPs: 1.After lot pads are grade certified, permanent seed and mulch can be applied, generally from the front of the building pad, extending to the rear of the lot (areas where no further utility construction is anticipated.) 2.After 3:1 slopes on lots are certified, permanent seed and erosion control blanket can be applied. 3.Rip rap at pipe outfalls 4.Permanent seed and erosion control blanket on basin slopes after grade certified. 5.After curbs are backfilled, apply permanent seed and mulch to remaining building pads and boulevard area not already stabilized. 6.Sod placement, as appropriate. POLLUTION CONTROL BMPs 1.Fueling: A fixed fueling station is not anticipated. Contractor will be required to implement BMPs for onsite re-fueling of equipment. 2.Concrete Washout: A suggested washout area will be specified on the plan. The developer has the ability to adjust location or to provide alternative washout containment. 3.There is not an anticipated need for storing chemicals, paints, solvents or other potentially toxic or hazardous materials on site. SEED & MULCH SPECIFICATIONS Seed placed for permanent cover or final stabilization requires 6” minimum topsoil cover. Exception: Infiltration basins - see basin details for soil type). Multiple site visits will be required to accommodate permanent or temporary stabilization as required during the phases of construction. (1) General Seed & Mulch A.Seed: MNDOT 25-141 at a rate of 59 lb/acre B.Fertilzer: Type 3 slow release 10-10-10 at a rate of 200 lb/acre C.Mulch: MNDOT Type 1 at a rate of 2 tons/acre (2)Temporary Cover Crop (Ponding/Infiltration/Adjacent Slope Areas) A.Seed: MNDOT 21-112 at a rate of 100 lb/acre B.Fertilzer: Type 3 slow release 10-10-10 at a rate of 200 lb/acre C.Mulch: MNDOT Type 3 at a rate of 2 tons/acre (3)Hydro-Seeding (Stockpile) A.Seed: MNDOT 22-111 Seed & Type Hydraulic Mulch at a rate of 10 lb/1000 gal B.Fertilzer: Type 3 slow release 10-10-10 at a rate of 50 lb/1000 gal C.Mulch: Type Hydraulic Mulch at a rate of 350 lb/1000 gal D.Water: 875 gal/1000 gal E.Apply at 6000 gal of Slurry per acre (4) Stormwater Basins (Aquatic Bench up to HWL) A.Seed: MNDOT 33-261 at a rate of 14.5 lb/acre B.Fertilzer: Type 3 slow release 10-10-10 at a rate of 200 lb/acre C.Mulch: MNDOT Type 3 at a rate of 2 tons/acre INSPECTION AND MAINTENANCE OF BMPs Routine Inspection 1.Rock Entrance - Inspect weekly. If rock becomes filled with sediment and tracked material to the extent the purpose ceases to function, remove the contaminated rock and replace with new rock. 2.Silt fence - Inspect weekly, particularly for damaged sections, breaches, down-gradient areas, flow concentration points, scour areas and sections adjacent to sensitive areas. Where capacity is filled to more than 50% of depth, sediment shall be removed to restore capture capacity. 3.Sediment traps and basins - Inspect weekly. Where capacity is filled to more than 50% of depth, sediment shall be removed to restore capture capacity within 72 hours of discovery. 4.Inlet Protection - Inspect weekly or more frequently as needed after multiple rainfalls less than 0.5”. Verify intake capacity is not compromised. Where capacity is filled to more than 50% of depth, sediment shall be removed to restore capture capacity. 5.Inspect other site specific BMP's on a weekly basis minimum. Rain Event Inspection - Mandatory, within 24 hours after a rain event 0.5” or greater. Complete all items associated with Routine Inspection. Furthermore, inspect site for breaches, failures, scours and gullying. Take corrective actions as necessary to restore functionality to the BMP's. If a given situation is discovered to be prone to repetitive failure, advise the Engineer and Contractor for SWPPP and BMP amendments. ADDITIONAL SWPPP NOTES 1.All Erosion and Sediment Control facilities shall be maintained by the contractor during the construction operations. Any temporary facilities which are to be removed as called for on these plans and specifications shall be removed by the contractor at the time directed by the engineer. The contractor shall then restore the subsequently disturbed areas in accordance with these plans and specifications. 2.Wherever practical and feasible, the contractor shall protect and preserve existing natural trees, grass and other vegetative cover in effort to provide natural buffering and filtering of runoff. 3.Contractor shall be adaptable in adjusting construction schedules in anticipation of weather forecasts of precipitation, in order to minimize risk of erosion and sediment transport. 4.It is the responsibility of the contractor to keep public streets, travel ways, parking lots and trails utilized for ingress to and egress from the construction site free of dirt, sediment and debris, resulting from construction activity. Cost for this shall be considered incidental to the contract. 5.Adequate control of dust shall be maintained by the contractor. Cost for dust control shall be considered incidental to the contract. ADDITIONAL SWPPP NOTES (continued) 6. Perimeter controls shall not be removed until final stabilization of areas draining toward the control devices. 7. When temperatures do not exceed 40 degrees F, areas that require seed and mulch stabilization shall be dormant seeded. Application rate shall be two times the normal rate. No dormant seeding shall be done on ice or snow greater than 2” in depth. 8. Any areas that were seeded that do not achieve 70% coverage shall be reseeded at the contractor's expense, where coverage limitation is caused by lack of seed germination and growth. MPCA STORMWATER PERMIT - RESPONSIBILITY The Contractor will be required to become the Permittee for the project, until final stabilization and transfer of responsibility is completed. Transfer of responsibility shall be completed with the Permit Modification Form. OWNER: STEVE TROSKEY - LENNAR - 912-590-0531 PERMITTEE: TBD OPERATOR(S): TBD OTHER CONTACTS ENGINEER: JOHN BENDER, P.E., - James R. Hill, Inc. - 952-890-6044 TRAINING REQUIREMENTS JOHN BENDER, P.E. DESIGN OF CONSTRUCTION SWPPP (CERTIFICATION(2024-2027)) UNIVERSITY OF MINNESOTA INSTRUCTOR: XXXXXX LGU CONTACT: JOHN POWELL - PUBLIC WORKS DIRECTOR - 952-985-4500 MPCA COMPLIANCE: BRIAN GREEN - MPCA - 507-206-2610 The Contractor shall follow the implementation sequence as described on these plans. Amendments shall be made as site conditions change. Amendments shall be proposed by contractor and reviewed by the engineer. All BMP's selected and implemented shall be appropriate for the time of year, the current site conditions and for the estimated duration of use. These plans shall be considered part of the project SWPPP. A copy of the SWPPP shall remain on site throughout active construction. Pa g e 2 0 2 o f 2 9 4 Pa g e 2 0 3 o f 2 9 4 1.1 Permit Coverage. [Minn. R. 7090] 1.2 This permit is required for construction activity that results in land disturbance of equal to or greater than one (1) acre or if a project is part of a common plan of development or sale that ultimately will disturb greater than one (1) acre, and authorizes, subject to the terms and conditions of this permit, the discharge of stormwater associated with construction activity. [Minn. R. 7090] 1.3 Construction activity covered by this permit cannot commence until coverage under this permit is effective as described in item 3.3 through 3.4 or, if applicable, until the Minnesota Pollution Control Agency (MPCA) has issued an individual National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) construction stormwater permit for the project. [Minn. R. 7090] 1.4 This permit covers all areas of the State of Minnesota except land wholly within the boundaries of a federally recognized Indian Reservation owned by a tribe or a tribal member or land held in trust by the federal government for a tribe or tribal member. [Minn. R. 7090] 1.5 Coverage under this permit is not required when all stormwater from construction activity is routed directly to and treated by a "treatment works," as defined in Minn. Stat. Sect. 115.01, subd. 21, operated under an individual NPDES/SDS permit with a Total Suspended Solids (TSS) effluent limit. [Minn. R. 7090] 1.6 This permit covers ongoing projects covered under any previous construction stormwater permit that are not complete on the issuance date of this permit. Permittees must either remain in compliance with the previous permit and terminate coverage within 18 months of the issuance date of this permit or comply with this permit, including updating the Stormwater Pollution Prevention Plan (SWPPP), within the 18- month period. Permittees of previously permitted projects are not required to incorporate any additional requirements regarding the permanent stormwater treatment system included in this reissued permit. [Minn. R. 7090] 1.7 Coverage for projects that extend beyond the expiration date of this permit remains effective for a grace period covering project completion and Notice of Termination (NOT) submittal. If Permittees cannot complete projects during the grace period, the MPCA will extend coverage under the next permit and permittees must comply with the requirements of the new permit including updating the SWPPP. Permittees are not required to follow changes to the permanent stormwater treatment section of the next permit. [Minn. R. 7090] 2.1 Prohibitions and Limitations of Coverage. [Minn. R. 7090] 2.2 The owner must develop a complete and accurate SWPPP that complies with item 5.2 prior to submitting the application for coverage and starting construction activity. Failure to prepare a SWPPP prior to submitting the application may result in permit revocation. [Minn. R. 7090] 2.3 This permit prohibits discharges of any material other than stormwater treated in compliance with this permit and discharges from dewatering or basin draining activities in accordance with Section 10. Prohibited discharges include, but are not limited to, wastewater from washout of concrete, stucco, paint, form release oils, curing compounds and other construction materials, fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance, soaps or solvents used in vehicle and equipment washing and maintenance, and other hazardous substances or wastes. [Minn. R. 7090] 2.4 This permit does not authorize stormwater discharges related to the placement of fill into waters of the state requiring local, state or federal authorizations (such as U.S. Army Corps of Engineers Section 404 permits, Minnesota Department of Natural Resources (DNR) Public Waters Work permits or local governmental unit (LGU) Wetland Conservation Act replacement plans or determinations). [Minn. R. 7090] 2.5 This permit does not authorize stormwater discharges associated with industrial activity except for construction activity. Permittees must obtain coverage for discharges associated with industrial activity under a separate NPDES/SDS permit once day-to-day operational activities commence even if construction is ongoing. [Minn. R. 7090] 2.6 This permit does not authorize discharges from non-point source agricultural and silvicultural activities excluded from NPDES permit requirements under 40 CFR pt. 122.3(e). [Minn. R. 7090] 2.7 This permit does not authorize stormwater discharges to Prohibited, Restricted, Special or Impaired waters unless permittees follow the additional stormwater requirements in Section 23. [Minn. R. 7090] 2.8 This permit does not replace or satisfy any environmental review requirements including those under the Minnesota Environmental Policy Act or the National Environmental Policy Act. The owner must verify completion of any environmental review required by law, including any required Environmental Assessment Work Sheets or Environmental Impact Statements, Federal environmental review, or other required review prior to applying for coverage under this permit. If any part of your common plan of development or sale requires environmental review, coverage under this permit cannot be obtained until such environmental review is complete. [Minn. R. 7090] 2.9 This permit does not replace or satisfy any review requirements for discharges adversely impacting State or Federally designated endangered or threatened species or a designated critical habitat. The owner must comply with the National Historic Preservation Act and conduct all required review and coordination related to historic preservation, including significant anthropological sites and any burial sites, with the Minnesota Historic Preservation Officer. [Minn. R. 7090] 2.10 This permit does not authorize discharges to wetlands unless the permittee complies with the requirements in Section 22. [Minn. R. 7090] 3.1 Application and Coverage Effective Date. [Minn. R. 7090] 3.2 The owner and operator must submit a complete and accurate on-line application with the appropriate fee to the MPCA for each project that disturbs one (1) or more acres of land or for a common plan of development or sale that will ultimately disturb one (1) or more acres. [Minn. R. 7090] 3.3 For projects or common plans of development or sale that disturb less than 50 acres or do not discharge stormwater within 1 mile (aerial radius measurement) of a special or impaired water, permittees do not need to submit the SWPPP with the application. Permit coverage for these projects is effective upon application and completing the payment process. [Minn. R. 7090] 3.4 For certain projects or common plans of development or sale disturbing 50 acres or more, the complete SWPPP must be included with the application and submitted at least 30 days before the start of construction activity. This applies if there is a discharge point on the project within one mile (aerial radius measurement) of, and flows to, a special water listed in item 23.3 through 23.6 or an impaired water as described in item 23.7. Permit coverage for these projects is effective upon submitting the application and complete SWPPP, completing the payment process and receiving a determination from the MPCA that the review of the SWPPP is complete. The determination may take longer than 30 days if the SWPPP is incomplete. If the MPCA fails to contact the permittees within 30 days of application receipt, coverage is effective 30 days after completing the payment process. [Minn. R. 7090] 3.5 The application requires listing all persons meeting the definition of owner and operator as permittees. The owner is responsible for compliance with all terms and conditions of this permit. The operator is responsible for compliance with Sections 3, 4, 6-22, 24 and applicable requirements for construction activity in Section 23. [Minn. R. 7090] 3.6 Permittees will receive coverage notification in a manner determined by the MPCA. [Minn. R. 7090] 3.7 For construction projects where the owner or operator changes (e.g., an original developer sells portions of the property to various homebuilders or sells the entire site to a new owner), the current owner and the new owner or operator must submit a complete permit modification form provided by the MPCA. The current owner and the new owner or operator must submit the form prior to the new owner or operator commencing construction activity or no later than 30 days after taking ownership of the property. [Minn. R. 7090] 3.8 For construction projects where the owner or operator changes, the current owner must provide a SWPPP to the new owner and operator that specifically addresses the remaining construction activity. The new owner or operator can implement the original SWPPP, modify the SWPPP, or develop a new SWPPP. Permittees must ensure their activities do not render another party's erosion prevention and sediment control BMPs ineffective. [Minn. R. 7090] 4.1 Termination of Coverage. [Minn. R. 7090] 4.2 Permittees must submit a NOT within 30 days after all termination conditions listed in Section 13 are complete. [Minn. R. 7090] 4.3 Permittees must submit a NOT within 30 days after selling or otherwise legally transferring the entire site, including permit responsibility for roads (e.g., street sweeping) and stormwater infrastructure final clean out, or transferring portions of a site to another party. The permittees' coverage under this permit terminates at midnight on the submission date of the NOT. [Minn. R. 7090] 4.4 Permittees may terminate permit coverage prior to completion of all construction activity if they meet all of the following conditions: a. construction activity has ceased for at least 90 days; and b. at least 90 percent (by area) of all originally proposed construction activity has been completed and permanent cover has been established on those areas; and c. on areas where construction activity is not complete, permanent cover has been established; and d. the site complies with item 13.3 through 13.7. After permit coverage is terminated under this item, any subsequent development on the remaining portions of the site will require permit coverage if the subsequent development itself or as part of the remaining common plan of development or sale will result in land disturbing activities of one (1) or more acres in size. [Minn. R. 7090] 4.5 Permittees may terminate coverage upon MPCA approval after submitting information documenting the owner cancelled the project. [Minn. R. 7090] 5.1 Stormwater Pollution Prevention Plan (SWPPP) Content. [Minn. R. 7090] 5.2 The owner must develop a SWPPP. The SWPPP must include items 5.3 through 5.26. [Minn. R. 7090] 5.3 The SWPPP must incorporate specific Best Management Practices (BMP) used to comply with the requirements of this permit. [Minn. R. 7090] 5.4 The SWPPP must include a narrative describing the timing for installation of all erosion prevention and sediment control BMPs and a description of the permanent stormwater treatment systems. [Minn. R. 7090] 5.5 The SWPPP must include the location and type of all temporary and permanent erosion prevention and sediment control BMPs along with procedures used to establish additional temporary BMPs as necessary for the site conditions during construction. Standard details and/or specifications for BMPs must be included in the final plans and specifications for the project. [Minn. R. 7090] 5.6 The SWPPP must include the calculations and other information used for the design of temporary sediment basins and any of the permanent stormwater treatment systems required in Section 15. [Minn. R. 7090] 5.7 The SWPPP must include estimated quantities anticipated at the start of the project for the life of the project for all erosion prevention and sediment control BMPs (e.g., linear feet of silt fence or square feet of erosion control blanket). [Minn. R. 7090] 5.8 The SWPPP must include the number of acres of impervious surface for both pre- and post-construction. [Minn. R. 7090] 5.9 The SWPPP must include a site map with existing and final grades, including drainage area boundaries, directions of flow and all discharge points where stormwater is leaving the site or entering a surface water. The site map must indicate the areas of steep slopes. The site map must also include impervious surfaces, soil types and locations of potential pollutant-generating activities as identified in Section 12. [Minn. R. 7090] 5.10 The SWPPP must include a map of all surface waters, existing wetlands, and stormwater ponds or basins that can be identified on maps such as United States Geological Survey 7.5 minute quadrangle maps, the National Wetland Inventory map or equivalent maps and are within one mile (aerial radius measurement) from the project boundaries that will receive stormwater from the construction site, during or after construction. The SWPPP must identify if the surface waters are special or impaired waters. [Minn. R. 7090] 5.11 The SWPPP must include a site map showing construction activity areas that are adjacent to and drain to Public Waters for which the DNR has promulgated "work in water restrictions" during specified fish spawning time frames. [Minn. R. 7090] 5.12 Permittees must identify locations of 50' buffer zones as required in item 9.17 and 100' permanent buffer zones as required in item 23.11, on plan sheets in the SWPPP. [Minn. R. 7090] 5.13 If permittees determine compliance with the following requirements is infeasible, they must document the determination in the SWPPP: a. temporary sediment basins as described in Section 14; and b. for linear projects, if the permanent stormwater treatment system cannot be constructed within the right-of-way, a reasonable attempt must be made to obtain additional right-of-way (item 15.9); and c. buffer zones as described in item 9.17 and item 23.11. [Minn. R. 7090] 5.14 If permittees determine that a temporary sediment basin is infeasible as described in item 14.10, the SWPPP must describe the alternative BMPs used. [Minn. R. 7090] 5.15 Where systems cannot meet the full volume reduction requirement on site, (e.g., the site has infiltration prohibitions, see item 16.14 through item 16.21) the permittee must document the reasons in the SWPPP. [Minn. R. 7090] 5.16 The SWPPP must include any stormwater mitigation measures proposed to be part of the final project in any environmental review document, endangered species review, archeological or other required local, state or federal review conducted for the project. For purposes of this permit, mitigation measures means actions necessary to avoid, minimize, or mitigate for impacts related to erosion prevention, sediment control, the permanent stormwater treatment system, pollution prevention management measures and discharges associated with the project's construction activity. [Minn. R. 7090] 5.17 The SWPPP must describe the methods used for permanent cover of all exposed soil areas. [Minn. R. 7090] 5.18 Permittees must identify the locations of areas where construction will be phased to minimize the duration of exposed soil areas in the SWPPP. [Minn. R. 7090] 5.19 For projects with a discharge point on the project within one (1) mile (aerial radius measurement) of and which flows to an impaired water, permittees must identify the impaired water(s), and any United States Environmental Protection Agency (USEPA)-approved Total Maximum Daily Load (TMDL) for the pollutant(s) or stressor(s) described in item 23.7. Permittees' identification must include those TMDLs approved at any time prior to permit application submittal and are still in effect. [Minn. R. 7090] 5.20 Permittees must document in the SWPPP, all trained individuals identified in item 21.2. Documentation must include: a. names of personnel required to be trained; and b. dates of training and name of instructor(s) and entity providing training; and c. content of training course. If permittees do not know the names of the individuals at the time of application, the permittees must ensure they document training before construction activity commences. [Minn. R. 7090] 5.21 The SWPPP must identify a person knowledgeable and experienced in the application of erosion prevention and sediment control BMPs who will coordinate with all contractors, subcontractors, and operators on-site to oversee the implementation of the SWPPP. [Minn. R. 7090] 5.22 The SWPPP must describe any specific chemicals and chemical treatment systems used for enhancing the sedimentation process and how it achieves compliance with item 9.18. [Minn. R. 7090] 5.23 The SWPPP must identify the person(s), organizations, or entities responsible for long-term operation and maintenance of permanent stormwater treatment systems. [Minn. R. 7090] 5.24 The SWPPP must describe methods to minimize soil compaction and preserve topsoil. Minimizing soil compaction is not required where the function of a specific area dictates compaction. [Minn. R. 7090] 5.25 The SWPPP must include any site assessments for groundwater or soil contamination required in item 16.15. [Minn. R. 7090] 5.26 The SWPPP must account for the following factors in designing temporary erosion prevention and sediment control BMPs: a. the expected amount, frequency, intensity, and duration of precipitation; and b. the nature of stormwater runoff and run-on at the site, including factors such as expected flow from impervious surfaces, slopes, and site drainage features; and c. the stormwater volume, velocity, and peak flowrates to minimize discharge of pollutants in stormwater and to minimize channel and streambank erosion and scour in the immediate vicinity of discharge points; and d. the range of soil particle sizes expected to be present. [Minn. R. 7090] 6.1 SWPPP Amendments. [Minn. R. 7090] 6.2 One of the individuals described in item 21.2.a or item 21.2.b or another qualified individual must complete all SWPPP changes. Changes involving the use of a less stringent BMP must include a justification describing how the replacement BMP is effective for the site characteristics. [Minn. R. 7090] 6.3 Permittees must amend the SWPPP to include additional or modified BMPs as necessary to correct problems identified or address situations whenever there is a change in design, construction, operation, maintenance, weather or seasonal conditions having a significant effect on the discharge of pollutants to surface waters or groundwater. [Minn. R. 7090] 6.4 Permittees must amend the SWPPP to include additional or modified BMPs as necessary to correct problems identified or address situations whenever inspections or investigations by the site owner or operator, USEPA or MPCA officials indicate the SWPPP is not effective in eliminating or significantly minimizing the discharge of pollutants to surface waters or groundwater or the discharges are causing water quality standard exceedances (e.g., nuisance conditions as defined in Minn. R. 7050.0210, subp. 2) or the SWPPP is not consistent with the objectives of a USEPA approved TMDL. [Minn. R. 7050.0210] 7.1 BMP Selection and Installation. [Minn. R. 7090] 7.2 Permittees must select, install, and maintain the BMPs identified in the SWPPP and in this permit in an appropriate and functional manner and in accordance with relevant manufacturer specifications and accepted engineering practices. [Minn. R. 7090] 8.1 Erosion Prevention Practices. [Minn. R. 7090] 8.2 Before work begins, permittees must delineate the location of areas not to be disturbed. [Minn. R. 7090] 8.3 Permittees must minimize the need for disturbance of portions of the project with steep slopes. When steep slopes must be disturbed, permittees must use techniques such as phasing and stabilization practices designed for steep slopes (e.g., slope draining and terracing). [Minn. R. 7090] 8.4 Permittees must stabilize all exposed soil areas, including stockpiles. Stabilization must be initiated immediately to limit soil erosion when construction activity has permanently or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days. Stabilization must be completed no later than 14 calendar days after the construction activity has ceased. Stabilization is not required on constructed base components of roads, parking lots and similar surfaces. Stabilization is not required on temporary stockpiles without significant silt, clay or organic components (e.g., clean aggregate stockpiles, demolition concrete stockpiles, sand stockpiles) but permittees must provide sediment controls at the base of the stockpile. [Minn. R. 7090] 8.5 For Public Waters that the Minnesota DNR has promulgated "work in water restrictions" during specified fish spawning time frames, permittees must complete stabilization of all exposed soil areas within 200 feet of the water's edge, and that drain to these waters, within 24 hours during the restriction period. [Minn. R. 7090] 8.6 Permittees must stabilize the normal wetted perimeter of the last 200 linear feet of temporary or permanent drainage ditches or swales that drain water from the site within 24 hours after connecting to a surface water or property edge. Permittees must complete stabilization of remaining portions of temporary or permanent ditches or swales within 14 calendar days after connecting to a surface water or property edge and construction in that portion of the ditch temporarily or permanently ceases. [Minn. R. 7090] 8.7 Temporary or permanent ditches or swales being used as a sediment containment system during construction (with properly designed rock-ditch checks, bio rolls, silt dikes, etc.) do not need to be stabilized. Permittees must stabilize these areas within 24 hours after their use as a sediment containment system ceases. [Minn. R. 7090] 8.8 Permittees must not use mulch, hydromulch, tackifier, polyacrylamide or similar erosion prevention practices within any portion of the normal wetted perimeter of a temporary or permanent drainage ditch or swale section with a continuous slope of greater than 2 percent. [Minn. R. 7090] 8.9 Permittees must provide temporary or permanent energy dissipation at all pipe outlets within 24 hours after connection to a surface water or permanent stormwater treatment system. [Minn. R. 7090] 8.10 Permittees must not disturb more land (i.e., phasing) than can be effectively inspected and maintained in accordance with Section 11. [Minn. R. 7090] 9.1 Sediment Control Practices. [Minn. R. 7090] 9.2 Permittees must establish sediment control BMPs on all downgradient perimeters of the site and downgradient areas of the site that drain to any surface water, including curb and gutter systems. Permittees must locate sediment control practices upgradient of any buffer zones. Permittees must install sediment control practices before any upgradient land-disturbing activities begin and must keep the sediment control practices in place until they establish permanent cover. [Minn. R. 7090] 9.3 If downgradient sediment controls are overloaded, based on frequent failure or excessive maintenance requirements, permittees must install additional upgradient sediment control practices or redundant BMPs to eliminate the overloading and amend the SWPPP to identify these additional practices as required in item 6.3. [Minn. R. 7090] 9.4 Temporary or permanent drainage ditches and sediment basins designed as part of a sediment containment system (e.g., ditches with rock-check dams) require sediment control practices only as appropriate for site conditions. [Minn. R. 7090] 9.5 A floating silt curtain placed in the water is not a sediment control BMP to satisfy item 9.2 except when working on a shoreline or below the waterline. Immediately after the short term construction activity (e.g., installation of rip rap along the shoreline) in that area is complete, permittees must install an upland perimeter control practice if exposed soils still drain to a surface water. [Minn. R. 7090] 9.6 Permittees must re-install all sediment control practices adjusted or removed to accommodate short-term activities such as clearing or grubbing, or passage of vehicles, immediately after the short-term activity is completed. Permittees must re-install sediment control practices before the next precipitation event even if the short-term activity is not complete. [Minn. R. 7090] 9.7 Permittees must protect all storm drain inlets using appropriate BMPs during construction until they establish permanent cover on all areas with potential for discharging to the inlet. [Minn. R. 7090] 9.8 Permittees may remove inlet protection for a particular inlet if a specific safety concern (e.g. street flooding/freezing) is identified by the permittees or the jurisdictional authority (e.g., city/county/township/Minnesota Department of Transportation engineer). Permittees must document the need for removal in the SWPPP. [Minn. R. 7090] 9.9 Permittees must provide silt fence or other effective sediment controls at the base of stockpiles on the downgradient perimeter. [Minn. R. 7090] 9.10 Permittees must locate stockpiles outside of natural buffers or surface waters, including stormwater conveyances such as curb and gutter systems unless there is a bypass in place for the stormwater. [Minn. R. 7090] 9.11 Permittees must install a vehicle tracking BMP to minimize the track out of sediment from the construction site or onto paved roads within the site. [Minn. R. 7090] 9.12 Permittees must use street sweeping if vehicle tracking BMPs are not adequate to prevent sediment tracking onto the street. [Minn. R. 7090] 9.13 Permittees must install temporary sediment basins as required in Section 14. [Minn. R. 7090] 9.14 In any areas of the site where final vegetative stabilization will occur, permittees must restrict vehicle and equipment use to minimize soil compaction. [Minn. R. 7090] 9.15 Permittees must preserve topsoil on the site, unless infeasible. [Minn. R. 7090] 9.16 Permittees must direct discharges from BMPs to vegetated areas unless infeasible. [Minn. R. 7090] 9.17 Permittees must preserve a 50 foot natural buffer or, if a buffer is infeasible on the site, provide redundant (double) perimeter sediment controls when a surface water is located within 50 feet of the project's earth disturbances and stormwater flows to the surface water. Permittees must install perimeter sediment controls at least 5 feet apart unless limited by lack of available space. Natural buffers are not required adjacent to road ditches, judicial ditches, county ditches, stormwater conveyance channels, storm drain inlets, and sediment basins. If preserving the buffer is infeasible, permittees must document the reasons in the SWPPP. Sheet piling is a redundant perimeter control if installed in a manner that retains all stormwater. [Minn. R. 7090] 9.18 Permittees must use polymers, flocculants, or other sedimentation treatment chemicals in accordance with accepted engineering practices, dosing specifications and sediment removal design specifications provided by the manufacturer or supplier. The permittees must use conventional erosion and sediment controls prior to chemical addition and must direct treated stormwater to a sediment control system for filtration or settlement of the floc prior to discharge. [Minn. R. 7090] 10.1 Dewatering and Basin Draining. [Minn. R. 7090] 10.2 Permittees must discharge turbid or sediment-laden waters related to dewatering or basin draining (e.g., pumped discharges, trench/ditch cuts for drainage) to a temporary or permanent sediment basin on the project site unless infeasible. Permittees may dewater to surface waters if they visually check to ensure adequate treatment has been obtained and nuisance conditions (see Minn. R. 7050.0210, subp. 2) will not result from the discharge. If permittees cannot discharge the water to a sedimentation basin prior to entering a surface water, permittees must treat it with appropriate BMPs such that the discharge does not adversely affect the surface water or downstream properties. [Minn. R. 7050.0210] 10.3 If permittees must discharge water containing oil or grease, they must use an oil-water separator or suitable filtration device (e.g., cartridge filters, absorbents pads) prior to discharge. [Minn. R. 7090] 10.4 Permittees must discharge all water from dewatering or basin-draining activities in a manner that does not cause erosion or scour in the immediate vicinity of discharge points or inundation of wetlands in the immediate vicinity of discharge points that causes significant adverse impact to the wetland. [Minn. R. 7090] 10.5 If permittees use filters with backwash water, they must haul the backwash water away for disposal, return the backwash water to the beginning of the treatment process, or incorporate the backwash water into the site in a manner that does not cause erosion. [Minn. R. 7090] 11.1 Inspections and Maintenance. [Minn. R. 7090] 11.2 Permittees must ensure a trained person, as identified in item 21.2.b, will inspect the entire construction site at least once every seven (7) days during active construction and within 24 hours after a rainfall event greater than 1/2 inch in 24 hours. [Minn. R. 7090] 11.3 Permittees must inspect and maintain all permanent stormwater treatment BMPs. [Minn. R. 7090] 11.4 Permittees must inspect all erosion prevention and sediment control BMPs and Pollution Prevention Management Measures to ensure integrity and effectiveness. Permittees must repair, replace or supplement all nonfunctional BMPs with functional BMPs by the end of the next business day after discovery unless another time frame is specified in item 11.5 or 11.6. Permittees may take additional time if field conditions prevent access to the area. [Minn. R. 7090] 11.5 During each inspection, permittees must inspect surface waters, including drainage ditches and conveyance systems but not curb and gutter systems, for evidence of erosion and sediment deposition. Permittees must remove all deltas and sediment deposited in surface waters, including drainage ways, catch basins, and other drainage systems and restabilize the areas where sediment removal results in exposed soil. Permittees must complete removal and stabilization within seven (7) calendar days of discovery unless precluded by legal, regulatory, or physical access constraints. Permittees must use all reasonable efforts to obtain access. If precluded, removal and stabilization must take place within seven (7) days of obtaining access. Permittees are responsible for contacting all local, regional, state and federal authorities and receiving any applicable permits, prior to conducting any work in surface waters. [Minn. R. 7090] 11.6 Permittees must inspect construction site vehicle exit locations, streets and curb and gutter systems within and adjacent to the project for sedimentation from erosion or tracked sediment from vehicles. Permittees must remove sediment from all paved surfaces within one (1) calendar day of discovery or, if applicable, within a shorter time to avoid a safety hazard to users of public streets. [Minn. R. 7090] 11.7 Permittees must repair, replace or supplement all perimeter control devices when they become nonfunctional or the sediment reaches 1/2 of the height of the device. [Minn. R. 7090] 11.8 Permittees must drain temporary and permanent sedimentation basins and remove the sediment when the depth of sediment collected in the basin reaches 1/2 the storage volume. [Minn. R. 7090] 11.9 Permittees must ensure that at least one individual present on the site (or available to the project site in three (3) calendar days) is trained in the job duties described in item 21.2.b. [Minn. R. 7090] 11.10 Permittees may adjust the inspection schedule described in item 11.2 as follows: a. inspections of areas with permanent cover can be reduced to once per month, even if construction activity continues on other portions of the site; or b. where sites have permanent cover on all exposed soil and no construction activity is occurring anywhere on the site, inspections can be reduced to once per month and, after 12 months, may be suspended completely until construction activity resumes. The MPCA may require inspections to resume if conditions warrant; or c. where construction activity has been suspended due to frozen ground conditions, inspections may be suspended. Inspections must resume within 24 hours of runoff occurring, or upon resuming construction, whichever comes first. [Minn. R. 7090] 11.11 Permittees must record all inspections and maintenance activities within 24 hours of being conducted and these records must be retained with the SWPPP. These records must include: a. date and time of inspections; and b. name of persons conducting inspections; and c. accurate findings of inspections, including the specific location where corrective actions are needed; and d. corrective actions taken (including dates, times, and party completing maintenance activities); and e. date of all rainfall events greater than 1/2 inches in 24 hours, and the amount of rainfall for each event. Permittees must obtain rainfall amounts by either a properly maintained rain gauge installed onsite, a weather station that is within one (1) mile of your location, or a weather reporting system that provides site specific rainfall data from radar summaries; and f. if permittees observe a discharge during the inspection, they must record and should photograph and describe the location of the discharge (i.e., color, odor, settled or suspended solids, oil sheen, and other obvious indicators of pollutants); and g. any amendments to the SWPPP proposed as a result of the inspection must be documented as required in Section 6 within seven (7) calendar days. [Minn. R. 7090] 12.1 Pollution Prevention Management Measures. [Minn. R. 7090] 12.2 Permittees must place building products and landscape materials under cover (e.g., plastic sheeting or temporary roofs) or protect them by similarly effective means designed to minimize contact with stormwater. Permittees are not required to cover or protect products which are either not a source of contamination to stormwater or are designed to be exposed to stormwater. [Minn. R. 7090] 12.3 Permittees must place pesticides, fertilizers and treatment chemicals under cover (e.g., plastic sheeting or temporary roofs) or protect them by similarly effective means designed to minimize contact with stormwater. [Minn. R. 7090] 12.4 Permittees must store hazardous materials and toxic waste, (including oil, diesel fuel, gasoline, hydraulic fluids, paint solvents, petroleum-based products, wood preservatives, additives, curing compounds, and acids) in sealed containers to prevent spills, leaks or other discharge. Storage and disposal of hazardous waste materials must be in compliance with Minn. R. ch. 7045 including secondary containment as applicable. [Minn. R. 7090] 12.5 Permittees must properly store, collect and dispose solid waste in compliance with Minn. R. ch. 7035. [Minn. R. 7035] 12.6 Permittees must position portable toilets so they are secure and will not tip or be knocked over. Permittees must properly dispose sanitary waste in accordance with Minn. R. ch. 7041. [Minn. R. 7041] 12.7 Permittees must take reasonable steps to prevent the discharge of spilled or leaked chemicals, including fuel, from any area where chemicals or fuel will be loaded or unloaded including the use of drip pans or absorbents unless infeasible. Permittees must ensure adequate supplies are available at all times to clean up discharged materials and that an appropriate disposal method is available for recovered spilled materials. Permittees must report and clean up spills immediately as required by Minn. Stat. 115.061, using dry clean up measures where possible. [Minn. Stat. 115.061] 12.8 Permittees must limit vehicle exterior washing and equipment to a defined area of the site. Permittees must contain runoff from the washing area in a sediment basin or other similarly effective controls and must dispose waste from the washing activity properly. Permittees must properly use and store soaps, detergents, or solvents. [Minn. R. 7090] 12.9 Permittees must provide effective containment for all liquid and solid wastes generated by washout operations (e.g., concrete, stucco, paint, form release oils, curing compounds and other construction materials) related to the construction activity. Permittees must prevent liquid and solid washout wastes from contacting the ground and must design the containment so it does not result in runoff from the washout operations or areas. Permittees must properly dispose liquid and solid wastes in compliance with MPCA rules. Permittees must install a sign indicating the location of the washout facility. [Minn. R. 7035, Minn. R. 7090] 13.1 Permit Termination Conditions. [Minn. R. 7090] 13.2 Permittees must complete all construction activity and must install permanent cover over all areas prior to submitting the NOT. Vegetative cover must consist of a uniform perennial vegetation with a density of 70 percent of its expected final growth. Vegetation is not required where the function of a specific area dictates no vegetation, such as impervious surfaces or the base of a sand filter. [Minn. R. 7090] 13.3 Permittees must clean the permanent stormwater treatment system of any accumulated sediment and must ensure the system meets all applicable requirements in Section 15 through 19 and is operating as designed. [Minn. R. 7090] 13.4 Permittees must remove all sediment from conveyance systems prior to submitting the NOT. [Minn. R. 7090] 13.5 Permittees must remove all temporary synthetic erosion prevention and sediment control BMPs prior to submitting the NOT. Permittees may leave BMPs designed to decompose on-site in place. [Minn. R. 7090] 13.6 For residential construction only, permit coverage terminates on individual lots if the structures are finished and temporary erosion prevention and downgradient perimeter control is complete, the residence sells to the homeowner, and the permittee distributes the MPCA's "Homeowner Fact Sheet" to the homeowner. [Minn. R. 7090] 13.7 For construction projects on agricultural land (e.g., pipelines across cropland), permittees must return the disturbed land to its preconstruction agricultural use prior to submitting the NOT. [Minn. R. 7090] 14.1 Temporary Sediment Basins. [Minn. R. 7090] 14.2 Where ten (10) or more acres of disturbed soil drain to a common location, permittees must provide a temporary sediment basin to provide treatment of the runoff before it leaves the construction site or enters surface waters. Permittees may convert a temporary sediment basin to a permanent basin after construction is complete. The temporary basin is no longer required when permanent cover has reduced the acreage of disturbed soil to less than ten (10) acres draining to a common location. [Minn. R. 7090] 14.3 The temporary basin must provide live storage for a calculated volume of runoff from a two (2)-year, 24- hour storm from each acre drained to the basin or 1,800 cubic feet of live storage per acre drained, whichever is greater. [Minn. R. 7090] 14.4 Where permittees have not calculated the two (2)-year, 24-hour storm runoff amount, the temporary basin must provide 3,600 cubic feet of live storage per acre of the basins' drainage area. [Minn. R. 7090] 14.5 Permittees must design basin outlets to prevent short-circuiting and the discharge of floating debris. [Minn. R. 7090] 14.6 Permittees must design the outlet structure to withdraw water from the surface to minimize the discharge of pollutants. Permittees may temporarily suspend the use of a surface withdrawal mechanism during frozen conditions. The basin must include a stabilized emergency overflow to prevent failure of pond integrity. [Minn. R. 7090] 14.7 Permittees must provide energy dissipation for the basin outlet within 24 hours after connection to a surface water. [Minn. R. 7090] 14.8 Permittees must locate temporary basins outside of surface waters and any buffer zone required in item 23.11. [Minn. R. 7090] 14.9 Permittees must construct the temporary basins prior to disturbing 10 or more acres of soil draining to a common location. [Minn. R. 7090] 14.10 Where a temporary sediment basin meeting the requirements of item 14.3 through 14.9 is infeasible, permittees must install effective sediment controls such as smaller sediment basins and/or sediment traps, silt fences, vegetative buffer strips or any appropriate combination of measures as dictated by individual site conditions. In determining whether installing a sediment basin is infeasible, permittees must consider public safety and may consider factors such as site soils, slope, and available area on-site. Permittees must document this determination of infeasibility in the SWPPP. [Minn. R. 7090] 15.1 Permanent Stormwater Treatment System. [Minn. R. 7090] 15.2 Permittees must design the project so all stormwater discharged from the project during and after construction activities does not cause a violation of state water quality standards, including nuisance conditions, erosion in receiving channels or on downslope properties, or a significant adverse impact to wetlands caused by inundation or decrease of flow. [Minn. R. 7090] 15.3 Permittees must design and construct a permanent stormwater treatment system to treat the water quality volume if the project's ultimate development replaces vegetation and/or other pervious surfaces creating a net increase of one (1) or more acres of cumulative impervious surface. [Minn. R. 7090] 15.4 Permittees must calculate the water quality volume as one (1) inch times the net increase of impervious surfaces created by the project. [Minn. R. 7090] 15.5 Permittees must first consider volume reduction practices on-site (e.g., infiltration or other) when designing the permanent stormwater treatment system. If this permit prohibits infiltration as described in item 16.14 through item 16.21, permittees may consider a wet sedimentation basin, filtration basin or regional pond. This permit does not consider wet sedimentation basins and filtration systems to be volume reduction practices. [Minn. R. 7090] 15.6 For projects where the full volume reduction requirement cannot be met on-site, (e.g., the site has infiltration prohibitions), permittees must document the reasons in the SWPPP. [Minn. R. 7090] 15.7 Permittees must discharge the water quality volume to a permanent stormwater treatment system prior to discharge to a surface water. For purposes of this item, surface waters do not include man-made drainage systems that convey stormwater to a permanent stormwater treatment system. [Minn. R. 7090] 15.8 Where the proximity to bedrock precludes the installation of any of the permanent stormwater treatment practices required by Sections 15 through 19, permittees must install other treatment such as grassed swales, smaller ponds, or grit chambers, prior to the discharge of stormwater to surface waters. [Minn. R. 7090] 15.9 For linear projects where permittees cannot treat the entire water quality volume within the existing rightof-way, permittees must make a reasonable attempt to obtain additional right-of-way, easement or other permission for stormwater treatment during the project planning process. Documentation of these attempts must be in the SWPPP. Permittees must still consider volume reduction practices first as described in item 15.5. If permittees cannot obtain additional right-of-way, easement or other permission, they must maximize the treatment of the water quality volume prior to discharge to surface waters. [Minn. R. 7090] 16.1 Infiltration Systems. [Minn. R. 7090] 16.2 Infiltration options include, but are not limited to: infiltration basins, infiltration trenches, rainwater gardens, bioretention areas without underdrains, swales with impermeable check dams, and natural depressions. If permittees utilize an infiltration system to meet the requirements of this permit, they must incorporate the design parameters in item 16.3 through item 16.21. Permittees must follow the infiltration prohibition in item 16.14 anytime an infiltration system is designed, including those not required by this permit. [Minn. R. 7090] 16.3 Permittees must design infiltration systems such that pre-existing hydrologic conditions of wetlands in the vicinity are not impacted (e.g., inundation or breaching a perched water table supporting a wetland). [Minn. R. 7090] 16.4 Permittees must not excavate infiltration systems to final grade, or within three (3) feet of final grade, until the contributing drainage area has been constructed and fully stabilized unless they provide rigorous erosion prevention and sediment controls (e.g., diversion berms) to keep sediment and runoff completely away from the infiltration area. [Minn. R. 7090] 16.5 When excavating an infiltration system to within three (3) feet of final grade, permittees must stake off and mark the area so heavy construction vehicles or equipment do not compact the soil in the infiltration area. [Minn. R. 7090] 16.6 Permittees must use a pretreatment device such as a vegetated filter strip, forebay, or water quality inlet (e.g., grit chamber) to remove solids, floating materials, and oil and grease from the runoff, to the maximum extent practicable, before the system routes stormwater to the infiltration system. [Minn. R. 7090] 16.7 Permittees must design infiltration systems to provide a water quality volume (calculated as an instantaneous volume) of one (1) inch of runoff, or one (1) inch minus the volume of stormwater treated by another system on the site, from the net increase of impervious surfaces created by the project. [Minn. R. 7090] 16.8 Permittees must design the infiltration system to discharge all stormwater (including stormwater in excess of the water quality volume) routed to the system through the uppermost soil surface or engineered media surface within 48 hours. Permittees must route additional flows that cannot infiltrate within 48 hours to bypass the system through a stabilized discharge point. [Minn. R. 7090] 16.9 Permittees must provide a means to visually verify the infiltration system is discharging through the soil surface or filter media surface within 48 hours or less. [Minn. R. 7090] 16.10 Permittees must provide at least one soil boring, test pit or infiltrometer test in the location of the infiltration practice for determining infiltration rates. [Minn. R. 7090] 16.11 For design purposes, permittees must divide field measured infiltration rates by 2 as a safety factor or permittees can use soil-boring results with the infiltration rate chart in the Minnesota Stormwater Manual to determine design infiltration rates. When soil borings indicate type A soils, permittees should perform field measurements to verify the rate is not above 8.3 inches per hour. This permit prohibits infiltration if the field measured infiltration rate is above 8.3 inches per hour. [Minn. R. 7090] 16.12 Permittees must employ appropriate on-site testing ensure a minimum of three (3) feet of separation from the seasonally saturated soils (or from bedrock) and the bottom of the proposed infiltration system. [Minn. R. 7090] 16.13 Permittees must design a maintenance access, typically eight (8) feet wide, for the infiltration system. [Minn. R. 7090] 16.14 This permit prohibits permittees from constructing infiltration systems that receive runoff from vehicle fueling and maintenance areas including construction of infiltration systems not required by this permit. [Minn. R. 7090] 16.15 This permit prohibits permittees from constructing infiltration systems where infiltrating stormwater may mobilize high levels of contaminants in soil or groundwater. Permittees must either complete the MPCA's contamination screening checklist or conduct their own assessment to determine the suitability for infiltration. Permittees must retain the checklist or assessment with the SWPPP. For more information and to access the MPCA's "contamination screening checklist" see the Minnesota Stormwater Manual. [Minn. R. 7090] 16.16 This permit prohibits permittees from constructing infiltration systems in areas where soil infiltration rates are field measured at more than 8.3 inches per hour unless they amend soils to slow the infiltration rate below 8.3 inches per hour. [Minn. R. 7090] 16.17 This permit prohibits permittees from constructing infiltration systems in areas with less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock. [Minn. R. 7090] 16.18 This permit prohibits permittees from constructing infiltration systems in areas of predominately Hydrologic Soil Group type D soils (clay). [Minn. R. 7090] 16.19 This permit prohibits permittees from constructing infiltration systems within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, subp. 13, if the system will be located: a. in an Emergency Response Area (ERA) within a DWSMA classified as having high or very high vulnerability as defined by the Minnesota Department of Health; or b. in an ERA within a DWSMA classified as moderate vulnerability unless a regulated MS4 Permittee performed or approved a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater; or c. outside of an ERA within a DWSMA classified as having high or very high vulnerability, unless a regulated MS4 Permittee performed or approved a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater. See "higher level of engineering review" in the Minnesota Stormwater Manual for more information. [Minn. R. 7090] 16.20 This permit prohibits permittees from constructing infiltration systems in areas within 1,000 feet upgradient or 100 feet downgradient of active karst features. [Minn. R. 7090] 16.21 This permit prohibits permittees from constructing infiltration systems in areas that receive runoff from the following industrial facilities not authorized to infiltrate stormwater under the NPDES stormwater permit for industrial activities: automobile salvage yards; scrap recycling and waste recycling facilities; hazardous waste treatment, storage, or disposal facilities; or air transportation facilities that conduct deicing activities. [Minn. R. 7090] 17.1 Filtration Systems. [Minn. R. 7090] 17.2 Filtration options include, but are not limited to: sand filters with underdrains, biofiltration areas, swales using underdrains with impermeable check dams and underground sand filters. If permittees utilize a filtration system to meet the permanent stormwater treatment requirements of this permit, they must comply with items 17.3 through 17.11. [Minn. R. 7090] 17.3 Permittees must not install filter media until they construct and fully stabilize the contributing drainage area unless they provide rigorous erosion prevention and sediment controls (e.g., diversion berms) to keep sediment and runoff completely away from the filtration area. [Minn. R. 7090] 17.4 Permittees must design filtration systems to remove at least 80 percent of TSS. [Minn. R. 7090] 17.5 Permittees must use a pretreatment device such as a vegetated filter strip, small sedimentation basin, water quality inlet, forebay or hydrodynamic separator to remove settleable solids, floating materials, and oils and grease from the runoff, to the maximum extent practicable, before runoff enters the filtration system. [Minn. R. 7090] 17.6 Permittees must design filtration systems to treat a water quality volume (calculated as an instantaneous volume) of one (1) inch of runoff, or one (1) inch minus the volume of stormwater treated by another system on the site, from the net increase of impervious surfaces created by the project. [Minn. R. 7090] 17.7 Permittees must design the filtration system to discharge all stormwater (including stormwater in excess of the water quality volume) routed to the system through the uppermost soil surface or engineered media surface within 48 hours. Additional flows that the system cannot filter within 48 hours must bypass the system or discharge through an emergency overflow. [Minn. R. 7090] 17.8 Permittees must design the filtration system to provide a means to visually verify the system is discharging through the soil surface or filter media within 48 hours. [Minn. R. 7090] 17.9 Permittees must employ appropriate on-site testing to ensure a minimum of three (3) feet of separation between the seasonally saturated soils (or from bedrock) and the bottom of the proposed filtration system. [Minn. R. 7090] 17.10 Permittees must ensure that filtration systems with less than three (3) feet of separation between seasonally saturated soils or from bedrock are constructed with an impermeable liner. [Minn. R. 7090] 17.11 The permittees must design a maintenance access, typically eight (8) feet wide, for the filtration system. [Minn. R. 7090] 18.1 Wet Sedimentation Basin. [Minn. R. 7090] 18.2 Permittees using a wet sedimentation basin to meet the permanent stormwater treatment requirements of this permit must incorporate the design parameters in item 18.3 through 18.10. [Minn. R. 7090] 18.3 Permittees must design the basin to have a permanent volume of 1,800 cubic feet of storage below the outlet pipe for each acre that drains to the basin. The basin's permanent volume must reach a minimum depth of at least three (3) feet and must have no depth greater than 10 feet. Permittees must configure the basin to minimize scour or resuspension of solids. [Minn. R. 7090] 18.4 Permittees must design the basin to provide live storage for a water quality volume (calculated as an instantaneous volume) of one (1) inch of runoff, or one (1) inch minus the volume of stormwater treated by another system on the site, from the net increase in impervious surfaces created by the project. [Minn.R. 7090] 18.5 Permittees must design basin outlets so the water quality volume discharges at no more than 5.66 cubic feet per second (cfs) per acre of surface area of the basin. [Minn. R. 7090] 18.6 Permittees must design basin outlets to prevent short-circuiting and the discharge of floating debris. Basin outlets must have energy dissipation. [Minn. R. 7090] 18.7 Permittees must design the basin to include a stabilized emergency overflow to accommodate storm events in excess of the basin's hydraulic design. [Minn. R. 7090] 18.8 Permittees must design a maintenance access, typically eight (8) feet wide, for the basin. [Minn. R. 7090] 18.9 Permittees must locate basins outside of surface waters and any buffer zone required in item 23.11. Permittees must design basins to avoid draining water from wetlands unless the impact to the wetland complies with the requirements of Section 22. [Minn. R. 7090] 18.10 Permittees must design basins using an impermeable liner if located within active karst terrain. [Minn. R.7090] 19.1 Regional Wet Sedimentation Basins. [Minn. R. 7090] 19.2 When the entire water quality volume cannot be retained onsite, permittees can use or create regional wet sedimentation basins provided they are constructed basins, not a natural wetland or water body, (wetlands used as regional basins must be mitigated for, see Section 22). The owner must ensure the regional basin conforms to all requirements for a wet sedimentation basin as described in items 18.3 through 18.10 and must be large enough to account for the entire area that drains to the regional basin. Permittees must verify that the regional basin will discharge at no more than 5.66 cfs per acre of surface area of the basin and must provide a live storage volume of one inch times all the impervious area draining to the basin. Permittees cannot significantly degrade waterways between the project and the regional basin. The owner must obtain written authorization from the applicable LGU or private entity that owns and maintains the regional basin. [Minn. R. 7090] 20.1 SWPPP Availability. [Minn. R. 7090] 20.2 Permittees must keep the SWPPP, including all changes to it, and inspections and maintenance records at the site during normal working hours by permittees who have operational control of that portion of the site. [Minn. R. 7090] 21.1 Training Requirements. [Minn. R. 7090] 21.2 Permittees must ensure all of the following individuals receive training and the content and extent of the training is commensurate with the individual's job duties and responsibilities with regard to activities covered under this permit: a. Individuals preparing the SWPPP for the project. b. Individuals overseeing implementation of, revising and/or amending the SWPPP and individuals performing inspections for the project. One of these individuals must be available for an onsite inspection within 72 hours upon request by the MPCA. c. Individuals performing or supervising the installation, maintenance and repair of BMPs. [Minn. R. 7090] 21.3 Permittees must ensure individuals identified in Section 21 receive training from local, state, federal agencies, professional organizations, or other entities with expertise in erosion prevention, sediment control, permanent stormwater treatment and the Minnesota NPDES/SDS Construction Stormwater permit. Permittees must ensure these individuals attend a refresher-training course every three (3) years.[Minn. R. 7090] 22.1 Requirements for Discharges to Wetlands. [Minn. R. 7050.0186] 22.2 If the project has any discharges with the potential for significant adverse impacts to a wetland, (e.g., conversion of a natural wetland to a stormwater pond) permittees must demonstrate that the wetland mitigative sequence has been followed in accordance with items 22.3 or 22.4. [Minn. R. 7050.0186] 22.3 If the potential adverse impacts to a wetland on a specific project site are addressed by permits or other approvals from an official statewide program (U.S. Army Corps of Engineers 404 program, Minnesota Department of Natural Resources, or the State of Minnesota Wetland Conservation Act) that are issued specifically for the project and project site, permittees may use the permit or other determination issued by these agencies to show the potential adverse impacts are addressed. For purposes of this permit, deminimus actions are determinations by the permitting agency that address the project impacts, whereas a non-jurisdictional determination does not address project impacts. [Minn. R. 7090] 22.4 If there are impacts from the project not addressed in one of the permits or other determinations discussed in item 22.3 (e.g., permanent inundation or flooding of the wetland, significant degradation of water quality, excavation, filling, draining), permittees must minimize all adverse impacts to wetlands by utilizing appropriate measures. Permittees must use measures based on the nature of the wetland, its vegetative community types and the established hydrology. These measures include in order of preference: a. avoid all significant adverse impacts to wetlands from the project and post-project discharge; b. minimize any unavoidable impacts from the project and post-project discharge; c. provide compensatory mitigation when the permittees determine(s) that there is no reasonable and practicable alternative to having a significant adverse impact on a wetland. For compensatory mitigation, wetland restoration or creation must be of the same type, size and whenever reasonable and practicable in the same watershed as the impacted wetland. [Minn. R. 7050.0186] 23.1 Additional Requirements for Discharges to Special (Prohibited, Restricted, Other) and Impaired Waters. [Minn. R. 7090] 23.2 The BMPs identified for each special or impaired water are required for those areas of the project draining to a discharge point on the project that is within one mile (aerial radius measurement) of special or impaired water and flows to that special or impaired water. [Minn. R. 7090] 23.3 Discharges to the following special waters identified as Prohibited in Minn. R. 7050.0035 Subp. 3 must incorporate the BMPs outlined in items 23.9, 23.10, 23.11, 23.13 and 23.14: a. Boundary Waters Canoe Area Wilderness; Voyageurs National Park; Kettle River from the site of the former dam at Sandstone to its confluence with the Saint Croix River; Rum River from Ogechie Lake spillway to the northernmost confluence with Lake Onamia. b. Those portions of Lake Superior North of latitude 47 degrees, 57 minutes, 13 seconds, East of Hat Point, South of the Minnesota-Ontario boundary, and West of the Minnesota-Michigan boundary; c. Scientific and Natural Areas identified as in Minn. R. 7050.0335 Subp. 3: Boot Lake, Anoka County; Kettle River in sections 15, 22, 23, T 41 N, R 20, Pine County; Pennington Bog, Beltrami County; Purvis Lake-Ober Foundation, Saint Louis County; waters within the borders of Itasca Wilderness Sanctuary, Clearwater County; Wolsfeld Woods, Hennepin County; Green Water Lake, Becker County; Blackdog Preserve, Dakota County; Prairie Bush Clover, Jackson County; Black Lake Bog, Pine County; Pembina Trail Preserve, Polk County; and Falls Creek, Washington County. [Minn. R. 7050.0335, Subp. 3] 23.4 Discharges to the following special waters identified as Restricted must incorporate the BMPs outlined in items 23.9, 23.10 and 23.11: a. Lake Superior, except those portions identified as prohibited in item 23.3.b; b. Mississippi River in those portions from Lake Itasca to the southerly boundary of Morrison County that are included in the Mississippi Headwaters Board comprehensive plan dated February 12, 1981; c. Scenic or Recreational River Segments: Saint Croix River, entire length; Cannon River from northern city limits of Faribault to its confluence with the Mississippi River; North Fork of the Crow River from Lake Koronis outlet to the Meeker-Wright county line; Kettle River from north Pine County line to the site of the former dam at Sandstone; Minnesota River from Lac que Parle dam to Redwood County State Aid Highway 11; Mississippi River from County State Aid Highway 7 bridge in Saint Cloud to northwestern city limits of Anoka; and Rum River from State Highway 27 bridge in Onamia to Madison and Rice streets in Anoka; d. Lake Trout Lakes identified in Minn. R. 7050.0335 including lake trout lakes inside the boundaries of the Boundary Waters Canoe Area Wilderness and Voyageurs National Park; e. Calcareous Fens listed in Minn. R. 7050.0335, Subp. 1. [Minn. R. 7050.0335, Subp. 1] 23.5 Discharges to the Trout Lakes (other special water) identified in Minn. R. 6264.0050, subp. 2 must incorporate the BMPs outlined in items 23.9, 23.10 and 23.11. [Minn. R. 6264.0050, Subp. 2] 23.6 Discharges to the Trout Streams (other special water) listed in Minn. R. 6264.0050, subp. 4 must incorporate the BMPs outlined in items 23.9, 23.10, 23.11 and 23.12. [Minn. R. 6264.0050, Subp. 4] 23.7 Discharges to impaired waters or a water with an USEPA approved TMDL for any of the impairments listed in this item must incorporate the BMPs outlined in items 23.9 and 23.10. Impaired waters are waters identified as impaired under section 303 (d) of the federal Clean Water Act for phosphorus (nutrient eutrophication biological indicators), turbidity, TSS, dissolved oxygen or aquatic biota (fish bioassessment, aquatic plant bioassessment and aquatic macroinvertebrate bioassessment). Terms used for the pollutants or stressors in this item are subject to change. The MPCA will list terminology changes on its construction stormwater website. [Minn. R. 7090] 23.8 Where the additional BMPs in this Section conflict with requirements elsewhere in this permit, items 23.9 through 23.14 take precedence. [Minn. R. 7090] 23.9 Permittees must immediately initiate stabilization of exposed soil areas, as described in item 8.4, and complete the stabilization within seven (7) calendar days after the construction activity in that portion of the site temporarily or permanently ceases. [Minn. R. 7090] 23.10 Permittees must provide a temporary sediment basin as described in Section 14 for common drainage locations that serve an area with five (5) or more acres disturbed at one time. [Minn. R. 7090] 23.11 Permittees must include an undisturbed buffer zone of not less than 100 linear feet from a special water (not including tributaries) and must maintain this buffer zone at all times, both during construction and as a permanent feature post construction, except where a water crossing or other encroachment is necessary to complete the project. Permittees must fully document the circumstance and reasons the buffer encroachment is necessary in the SWPPP and include restoration activities. This permit allows replacement of existing impervious surface within the buffer. Permittees must minimize all potential water quality, scenic and other environmental impacts of these exceptions by the use of additional or redundant (double) BMPs and must document this in the SWPPP for the project. [Minn. R. 7090] 23.12 Permittees must design the permanent stormwater treatment system so the discharge from the project minimizes any increase in the temperature of trout streams resulting from the one (1) and two (2) year 24- hour precipitation events. This includes all tributaries of designated trout streams located within the same Public Land Survey System (PLSS) Section. Permittees must incorporate one or more of the following measures, in order of preference: a. Provide stormwater infiltration or other volume reduction practices as described in item 15.4 and 15.5, to reduce runoff. Infiltration systems must discharge all stormwater routed to the system within 24 hours. b. Provide stormwater filtration as described in Section 17. Filtration systems must discharge all stormwater routed to the system within 24 hours. c. Minimize the discharge from connected impervious surfaces by discharging to vegetated areas, or grass swales, and through the use of other non-structural controls. d. If ponding is used, the design must include an appropriate combination of measures such as shading, vegetated swale discharges or constructed wetland treatment cells that limit temperature increases. The pond must be designed as a dry pond and should draw down in 24 hours or less. e. Other methods that minimize any increase in the temperature of the trout stream. [Minn. R. 7090] 23.13 Permittees must conduct routine site inspections once every three (3) days as described in item 11.2 for projects that discharge to prohibited waters. [Minn. R. 7090] 23.14 If discharges to prohibited waters cannot provide volume reduction equal to one (1) inch times the net increase of impervious surfaces as required in item 15.4 and 15.5, permittees must develop a permanent stormwater treatment system design that will result in no net increase of TSS or phosphorus to the prohibited water. Permittees must keep the plan in the SWPPP for the project. [Minn. R. 7090] 24.1 General Provisions. [Minn. R. 7090] 24.2 If the MPCA determines that an individual permit would more appropriately regulate the construction activity, the MPCA may require an individual permit to continue the construction activity. Coverage under this general permit will remain in effect until the MPCA issues an individual permit. [Minn. R. 7001.0210,Subp. 6] 24.3 If the permittee cannot meet the terms and conditions of this general permit, an owner may request an individual permit, in accordance with Minn. R. 7001.0210 subp. 6. [Minn. R. 7001.0210, Subp. 6] 24.4 Any interested person may petition the MPCA to require an individual NPDES/SDS permit in accordance with 40 CFR 122.28(b)(3). [40 CFR 122.29(b)(3)] 24.5 Permittees must make the SWPPP, including all inspection reports, maintenance records, training records and other information required by this permit, available to federal, state, and local officials within three (3) days upon request for the duration of the permit and for three (3) years following the NOT. [Minn. R.7090] 24.6 Permittees may not assign or transfer this permit except when the transfer occurs in accordance with the applicable requirements of item 3.7 and 3.8. [Minn. R. 7090] 24.7 Nothing in this permit must be construed to relieve the permittees from civil or criminal penalties for noncompliance with the terms and conditions provided herein. Nothing in this permit must be construed to preclude the initiation of any legal action or relieve the permittees from any responsibilities, liabilities, or penalties to which the permittees is/are or may be subject to under Section 311 of the Clean Water Act and Minn. Stat. Sect. 115 and 116, as amended. Permittees are not liable for permit requirements for activities occurring on those portions of a site where the permit has been transferred to another party as required in item 3.7 or the permittees have submitted the NOT as required in Section 4. [Minn. R. 7090] 24.8 The provisions of this permit are severable. If any provision of this permit or the application of any provision of this permit to any circumstances is held invalid, the application of such provision to other circumstances, and the remainder of this permit must not be affected thereby. [Minn. R. 7090] 24.9 The permittees must comply with the provisions of Minn. R. 7001.0150, subp. 3 and Minn. R. 7001.1090, subp. 1(A), 1(B), 1(C), 1(H), 1(I), 1(J), 1(K), and 1(L). [Minn. R. 7090] 24.10 The permittees must allow access as provided in 40 CFR 122.41(i) and Minn. Stat. Sect. 115.04. The permittees must allow representatives of the MPCA or any member, employee or agent thereof, when authorized by it, upon presentation of credentials, to enter upon any property, public or private, for the purpose of obtaining information or examination of records or conducting surveys or investigations. [40 CFR 122.41(i)] 24.11 For the purposes of Minn. R. 7090 and other documents that reference specific sections of this permit, "Stormwater Discharge Design Requirements" corresponds to Sections 5, 6 and 14 through 21; "Construction Activity Requirements" corresponds to Sections 7 through 13; and "Appendix A" corresponds to Sections 22 and 23. [Minn. R. 7090] Pa g e 2 0 4 o f 2 9 4 SB-1 Pa g e 2 0 5 o f 2 9 4 SB-1 Pa g e 2 0 6 o f 2 9 4 SB-1 Pa g e 2 0 7 o f 2 9 4 Pa g e 2 0 8 o f 2 9 4 SB-1 Know what's below. before you dig.Call R Pa g e 2 0 9 o f 2 9 4 SB-1 Know what's below. before you dig.Call R Pa g e 2 1 0 o f 2 9 4 SB-1 Know what's below. before you dig.Call R Pa g e 2 1 1 o f 2 9 4 SB-1 Know what's below. before you dig.Call R Pa g e 2 1 2 o f 2 9 4 Pa g e 2 1 3 o f 2 9 4 Pa g e 2 1 4 o f 2 9 4 Pa g e 2 1 5 o f 2 9 4 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-53 APPROVING PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT VERMILLION COMMONS 4TH ADDITION WHEREAS, the preliminary plat and planned unit development of Vermillion Commons 4th Addition is now before the Council for review and approval; and WHEREAS, a public hearing of the Planning Commission was held on June 11, 2024 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners; and WHEREAS, the Planning Commission reviewed and recommended City Council approval of the preliminary plat and planned unit development at a regular meeting held on June 11, 2024; and WHEREAS, the City Council reviewed the preliminary plat and planned unit development on June 17, 2024; WHEREAS, the City Engineer has rendered an opinion that the proposed plat and planned unit development can be feasibly served by municipal services. NOW, THEREFORE, BE IT RESOLVED, that the Farmington Maor and City Council hereby approve the above preliminary plat and planned unit development with the following conditions: 1. The satisfaction of all engineering comments/requirements including construction plans for grading, stormwater, and utilities. Adopted by the City Council of the City of Farmington, Minnesota, this 17th day of June 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 216 of 294 REGULAR COUNCIL AGENDA MEMO To: Mayor, Councilmembers and City Administrator From: Deanna Kuennen, Community Dev Director Department: Community Development Subject: Resolution 2024-51 Adopting a Final Order and Record of Decision for an Alternative Urban Areawide Review (AUAR) for the Farmington West Industrial Project Meeting: Regular Council - Jun 17 2024 INTRODUCTION: Minnesota Rules 4410 authorize the Responsible Unit of Government (RGU) to use the Alternative Urban Areawide Review (AUAR) process to review the potential environmental impacts associated with and process The areas. defined in projects development anticipated geographically requirements for the AUAR are specifically identified, including timelines associated with the various steps. Farmington West Industrial encompasses 329 acres located northwest of the intersection of County Road 50 and Pilot Knob Road. In April, an AUAR Scoping Document was published in the Minnesota Environmental Quality Board (EQB) Monitor for this site/project. The 30- day comment period expired, comments were received by five (5) agencies, and the next step associated with the Farmington West Industrial AUAR is for the RGU to determine that the AUAR is the appropriate environmental review document and order that an AUAR be prepared. DISCUSSION: An AUAR is a planning tool to understand how different development scenarios will affect the environment before the development occurs. Minnesota Rule 4410 specifically identifies when a review is required, who manages the process, what topics are covered in the review, and what happens following adoption of an AUAR. An AUAR is being developed for an area encompassing approximately 329 acres, including six (6) parcels, located northwest of the intersection of County Road 50 and Pilot Knob Road in Farmington. The area is being studied to understand the potential impacts associated with developing the existing farmland into a technology park or industrial uses and to identify mitigation measures to compensate for those impacts. Page 217 of 294 AUAR Study Area An AUAR Scoping Document was prepared for this site for the two development scenarios, was reviewed and distributed to required state and federal agencies, and a notice of availability of the AUAR Scoping Document was published in the EQB Monitor for the required 30-day comment period which ended on May 16, 2024. During this time comments were received by five (5) agencies - which are included in the attached document. The purpose of the comment period is for agencies to suggest additional development scenarios and relevant issues be analyzed in the review. The next step is for the RGU to make a finding on the adequacy of the Scoping Document and adopt the Final Order. These actions will determine that the AUAR is the appropriate environmental review and order that the AUAR and mitigation plan be prepared as identified. Once the RGU adopts the order to prepare the AUAR, the next steps include: 1. The AUAR is developed. 2. RGU reviews and distributes Draft AUAR and Mitigation Plan for public and agency review for the mandatory 30-day review period. 3. RGU revises Draft AUAR and Mitigation Plan based on comments from public and agencies. 4. RGI distributes Final AUAR and Mitigation Plan to agencies and Met-Council for final 10-day review period. 5. If no objections, RGU Adopts Final AUAR and Mitigation Plan. 6. RGU updates the AUAR every 5-years until development build-out is complete. BUDGET IMPACT: Not applicable ACTION REQUESTED: As the RGU, the City Council is asked to consider Resolution 2024-51 Adopting a Final Order and Record of Decision for an Alternative Urban Areawide Review (AUAR) for the Farmington West Page 218 of 294 Industrial Project. ATTACHMENTS: 2024-51 Adopting Final Order for Alternative Urban Areawide Review (AUAR) for West Industrial Project Farmington West Final Order and Scoping Document Page 219 of 294 CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-51 A RESOLUTION ADOPTING A FINAL ORDER AND RECORD OF DECISION FOR AN ALTERNATIVE URBAN AREAWIDE REVIEW (AUAR) FOR THE FARMINGTON WEST INDUSTRIAL PROJECT WHEREAS, in accordance with the laws of the State of Minnesota, namely Minnesota Rules 4410.3610 Subpart 1, a local unit of government may use the Alternative Urban Areawide Review (“AUAR”) instead of the Environmental Assessment Worksheet (“EAW”) or Environmental Impact Statement (“EIS”) to review anticipated residential, commercial, warehousing, and light industrial development and associated infrastructure in a particular geographic area within its jurisdiction; and WHEREAS, the Farmington West Industrial (“Project”) property is located on approximately 329 acres located northwest of the intersection 212th Street West (County Road 50) and Pilot Knob Road; and WHEREAS, the Project is required to provide a Scoping Document as an additional procedure to the review process in accordance with Minnesota Rules 4410.3610 Subpart 5a; and WHEREAS, the AUAR Scoping Document was prepared for the Project and reviewed by the City of Farmington (“City”) and distributed to required state and federal agencies for the required 30-day comment; and WHEREAS, a notice of availability of the AUAR Scoping Document was published in the EQB Monitor (Minnesota Environmental Quality Board) on April 16 and the 30-day comment period expired May 16, 2024, and, during such, comments were received from five (5) agencies; and WHEREAS, the City, as the Responsible Government Unit, is required to make a finding on the adequacy of the Scoping Document and adopt the Final Order; and WHEREAS, the City considered the AUAR Scoping Document and comments received from the agencies. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Farmington, Minnesota, that the City of Farmington has determined that the AUAR is the appropriate environmental review document and orders that an AUAR be prepared for the Project. Page 220 of 294 Resolution 2024-51 Page 2 of 2 Adopted by the City Council of the City of Farmington, Minnesota, this 17th day of June 2024. ATTEST: ____________________________ ______________________________ Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk Page 221 of 294 1 TO: Interested Parties (Including Minnesota Environmental Quality Board Distribution List) FROM: Tony Wippler Planning Manager City of Farmington DATE: June 17, 2024 SUBJECT: Final Order for the Farmington West Industrial Alternative Urban Areawide Review (AUAR) As the Responsible Governmental Unit (RGU), the City of Farmington has determined that an Alternative Urban Areawide Review (AUAR) is required for the proposed Farmington West Industrial Development. The project is proposed by Project Bengal, LLC. This document constitutes an order for review. The notice of availability of the Draft AUAR Order and Scoping Document was published in the Minnesota Environmental Quality Board’s EQB Monitor on April 16, 2024. The scoping document was available for review and comment as part of the AUAR process as described in Minnesota Rules, part 4410.3610, subpart 5a. The 30-day comment period began on April 16, 2024 and closed at 4:00 PM on May 16, 2024. During the public comment period, comments were received from five government agencies. Comments are included in Attachment B. Pursuant to Minnesota Rules, part 4410.3610, subpart 5a(C), the purpose of the comments on a Scoping Document for an AUAR is to suggest additional development scenarios and relevant issues to be analyzed in the review. Comments may suggest alternatives to the specific large project or projects proposed to be included in the review, including development at sites outside of the proposed geographic boundary. The comments must provide reasons why a suggested development scenario or alternative to a specific project is potentially environmentally superior to those identified in the RGU’s draft order. Responses to the comments received are included in Attachment C. AUAR Study Area The AUAR study area encompasses approximately 329 acres, including 6 parcels, located northwest of the intersection 212th St W (County Rd 50) and Pilot Knob Rd, in Farmington, Dakota County, Minnesota (see Figure 1). Development Scenarios Two scenarios are proposed for evaluation in the AUAR as outlined in Table 1. Scenario 1 includes multiple buildings for a total of 3 million square feet of a proposed technology park development (see Figure 2). Scenario 2 includes multiple buildings for a total of 2,968,000 square feet of light industrial (see Figure 3). Page 222 of 294 2 Table 1: AUAR Development Scenarios Component Scenario 1 Scenario 2 Technology Park (square feet) 3,000,000 - Industrial Building Area (square feet) - 2,968,000 Total (square feet) 3,000,000 2,968,000 Total Project Area 329 acres 329 acres Figure 1: AUAR Study Area Page 223 of 294 3 Figure 2: AUAR Scenario 1 Page 224 of 294 4 Figure 3: AUAR Scenario 2 Page 225 of 294 ATTACHMENT A Page 226 of 294 Farmington West Industrial AUAR – Scoping Document MAY 2024 Farmington West Industrial AUAR SCOPING DOCUMENT PREPARED FOR: PREPARED BY: Page 227 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 i Table of Contents 1. Project Title ..................................................................................................................................... 1 2. Proposer .......................................................................................................................................... 1 3. RGU ................................................................................................................................................. 1 4. Reason for Preparation .................................................................................................................... 2 5. Project Location ............................................................................................................................... 2 6. Project Description .......................................................................................................................... 4 7. Climate Adaption and Resilience ...................................................................................................... 7 8. Cover Types ..................................................................................................................................... 9 9. Permits and Approvals Required .................................................................................................... 10 10. Land Use ........................................................................................................................................ 12 11. Geology, Soils, and Topography/Land Forms .................................................................................. 19 12. Water Resources ........................................................................................................................... 23 13. Contamination/Hazardous Materials/Wastes ................................................................................ 31 14. Fish, Wildlife, Plant Communities, and Sensitive Ecological Resources (Rare Features) ................... 32 15. Historic Properties ......................................................................................................................... 35 16. Visual ............................................................................................................................................. 35 17. Air ................................................................................................................................................. 35 18. Greenhouse Gas (GHG) Emissions/Carbon Footprint ...................................................................... 37 19. Noise ............................................................................................................................................. 38 20. Transportation ............................................................................................................................... 39 21. Cumulative Potential Effects .......................................................................................................... 43 22. Other Potential Environmental Effects ........................................................................................... 44 List of Tables Table 1: Development Scenarios .............................................................................................................. 5 Table 2: Climate Considerations and Adaptions ....................................................................................... 8 Table 3: Anticipated Permits and Approvals ........................................................................................... 10 Table 4: Farmington 2040 Comprehensive Plan designations within the AUAR Study Area .................... 13 Table 5: Wetland Buffer Strips and Setbacks .......................................................................................... 15 Table 6: Soil Types ................................................................................................................................. 20 Table 8: Wells within the AUAR Study Area............................................................................................ 26 List of Figures Figure 1: USGS Map ................................................................................................................................. 3 Figure 2: AUAR Study Area ...................................................................................................................... 4 Figure 3: Development Scenario 1 ........................................................................................................... 6 Figure 4: Development Scenario 2 ........................................................................................................... 7 Page 228 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 ii Figure 5: Cover Types ............................................................................................................................ 10 Figure 6: Existing Land Use .................................................................................................................... 17 Figure 7: Future Land Use ...................................................................................................................... 18 Figure 8: Existing Zoning Map ................................................................................................................ 19 Figure 9: Soil Types ................................................................................................................................ 23 Figure 11: Surface Water Resources ...................................................................................................... 25 Figure 12: Groundwater Resources ........................................................................................................ 26 Figure 13: Traffic Study Intersections ..................................................................................................... 42 Page 229 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 1 Scoping Document This EAW form is being used to delineate the issues and analyses to be reviewed in an Alternative Urban Areawide Review (AUAR). Where the AUAR guidance provided by the Minnesota Environmental Quality Board (EQB) indicates that an AUAR response should differ notably from what is required for an EAW, the guidance is noted in italics. Note to reviewers: Comments must be submitted to the Responsible Governmental Unit (RGU ) during the 30-day comment period following notice of the Scoping Document in the EQB Monitor. 1. PROJECT TITLE Farmington West Industrial AUAR 2. PROPOSER Proposer: Project Bengal, LLC Contact Person: Lisa Workman Address: 525 Park St, Suite 247 City, State, ZIP: St. Paul, MN 55103 Phone: 866-621-3524 Email: statrep@cogencyglobal.com 3. RGU RGU: City of Farmington Contact Person: Tony Wippler Title: Planning Manager Address: 430 Third St City, State, ZIP: Farmington, MN 55024 Phone: 651-280-6822 Email: twippler@farmingtonmn.gov Page 230 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 2 4. REASON FOR PREPARATION AUAR Guidance: Not applicable to an AUAR. 5. PROJECT LOCATION County: Dakota City/Township: Farmington PLS Location (¼, ¼, Section, Township, Range): Sections 26 and 35, Township 114N, Range 20W Watershed (81 major watershed scale): Mississippi River & Lake Pepin Watershed Tax Parcel Numbers: 037-146319000010, 037-140260085012, 037-140260051030, 037- 140260085011, 037-140260090010, 037-140350025011. At a minimum, attach each of the following to the AUAR: • US Geological Survey 7.5 minute, 1:24,000 scale map indicating project boundaries (see Figure 1) • Map depicting the boundaries of the AUAR and any subdistricts used in the AUAR analysis (see Figure 2 through Figure 4) • List of data sources, models, and other resources (from the Item-by-Item Guidance: Climate Adaptation and Resilience or other) used for information about current Minnesota climate trends and how climate change is anticipated to affect the general location of the project during the life of the project (as detailed below in Item 7) • Cover type map as required for Item 8 (see Figure 5) • Land use and planning and zoning maps as required in conjunction with Item 10 (see Figure 6, Figure 7, and Figure 8) Page 231 of 294 Farmington West AUAR – Scoping Document May 2024 3 Figure 1: USGS Map Page 232 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 4 Figure 2: AUAR Study Area 6. PROJECT DESCRIPTION AUAR Guidance: Instead of the information called for on the EAW form, the description section of an AUAR should include the following elements for each major development scenario included: • Anticipated types and intensity (density) of residential and commercial/warehouse/light industrial development throughout the AUAR area. • Infrastructure planned to serve development (roads, sewers, water, stormwater system, etc.). Roadways intended primarily to serve as adjoining land uses within an AUAR area are normally expected to be reviewed as part of an AUAR. More “arterial” types of roadways that would cross an AUAR area are an optional inclusion in the AUAR analysis; if they are included, a more intensive level of review, generally including an analysis of alternative routes, is necessary. • Information about the anticipated staging of various developments, to the extent known, and of the infrastructure, and how the infrastructure staging will influence the development schedule. Page 233 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 5 The AUAR study area encompasses an area totaling approximately 329 acres on six parcels in the City of Farmington, Dakota County, Minnesota (shown on Figure 2). Project Bengal, LLC is proposing to develop the study area from existing farmland to a technology park or industrial uses. Two scenarios are proposed for evaluation in the AUAR as outlined in Table 1. Scenario 1 includes multiple buildings for a total of 3 million square feet of a proposed technology park development (see Figure 3). Scenario 2 includes multiple buildings for a total of 2,968,000 square feet of light industrial (see Figure 4). The proposed development within the AUAR study area is anticipated to begin in 2025. A general development timeline and potential phasing will be discussed in the AUAR. The intent of the AUAR is to recognize the worst-case potential impacts and identify mitigation measures that may be taken to compensate for those impacts. Development of the study area would include new infrastructure, including water service, sewer, stormwater, streets, and utilities. All new services would be extensions to existing infrastructure or upgrades to existing systems to support the new development. A more detailed discussion of infrastructure needs will be included in the AUAR. Table 1: Development Scenarios Component Scenario 1 Scenario 2 Technology Park (square feet) 3,000,000 - Industrial Building Area (square feet) - 2,968,000 Total (square feet) 3,000,000 2,968,000 Total Project Area 329 acres 329 acres Page 234 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 6 Figure 3: Development Scenario 1 Page 235 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 7 Figure 4: Development Scenario 2 7. CLIMATE ADAPTION AND RESILIENCE Describe the climate trends in the general location of the project (see guidance: Climate Adaptation and Resilience) and how climate change is anticipated to affect that location during the life of the project. The AUAR will describe trends in temperature, urban heat island, precipitation, flood risk, and cooling degree days for the general project location. Climate projections will use Representative Concentration Pathways (RCPs), which are greenhouse gas concentration scenarios used by the Intergovernmental Panel on Climate Change. RCP 4.5 is an intermediate scenario in which emissions decline after peaking around 2040, and RCP 8.5 is a worst-case scenario in which emissions continue to rise through the 21st century.1 For each resource category in the table below, describe the project’s proposed activities and how the project’s design will interact with those climate trends. Describe proposed adaptations to address the project effects identified. 1 Climate Explorer Metadata. Available at https://www.dnr.state.mn.us/climate/climate-explorer-metadata.html. Page 236 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 8 Table 2: Climate Considerations and Adaptions Resource Category Climate Considerations Project Information Climate Change Risks and Vulnerabilities Adaptions Project Design The AUAR will discuss aspects of building architecture/ materials choices and site design that could impact climate. To be discussed in AUAR To be discussed in AUAR Land Use The AUAR will discuss critical facilities and flood risk. To be discussed in AUAR To be discussed in AUAR Water Resources The AUAR will discuss current Minnesota climate trends and anticipated climate change in the general location of the project and how that may influence water resources. To be discussed in AUAR To be discussed in AUAR Contamination/ Hazardous Materials/ Wastes The AUAR will discuss current Minnesota climate trends and anticipated climate change in the general location of the project and how that may influence the potential environmental effects of generation/use/storage of hazardous waste and materials. To be discussed in AUAR To be discussed in AUAR Fish, Wildlife, Plant Communities, and Sensitive Ecological Resources (Rare Features) The AUAR will discuss current Minnesota climate trends and anticipated climate change in the general location of the project how that may influence the local species and suitable habitat. To be discussed in AUAR To be discussed in AUAR Page 237 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 9 8. COVER TYPES AUAR Guidance: The following information should be provided: • A cover type map, at least at the scale of a USGS topographic map, depicting: o Wetlands (identified by Circular 39 type) o Watercourses (rivers, streams, creeks, ditches) o Lakes (identify public waters status and shoreland management classification) o Woodlands (break down by classes where possible) o Grassland (identify native and old field) o Cropland o Current development • An overlay map showing anticipated development in relation to the cover types. This map should also depict any “protection areas,” existing or proposed, that will preserve sensitive cover types. Separate maps for each major development scenario should be generally provided. The AUAR study area is approximately 329 acres of cropland, wetland, grassland, and woodland. There are several existing buildings and structures within the study area. The AUAR will include an analysis of existing and proposed cover types within the study area that are shown on Figure 5. These cover types were determined by reviewing recent aerial photography. Page 238 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 10 Figure 5: Cover Types 9. PERMITS AND APPROVALS REQUIRED AUAR Guidance: A listing of major approvals (including any comprehensive plan amendments and zoning amendments) and public financial assistance and infrastructure likely to be required by the anticipated types of development projects should be given for each major development scenario. This list will help orient reviewers to the framework that will protect environmental resources. The list can also serve as a starting point for the development of the implementation aspects of the mitigation plan to be developed as part of the AUAR. Table 3: Anticipated Permits and Approvals Unit of Government Type of Application Status Federal US Army Corps of Engineers Section 404 Permit To be applied for, if applicable State Section 401 Water Quality Certification To be applied for, if applicable Page 239 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 11 Unit of Government Type of Application Status Minnesota Pollution Control Agency National Pollutant Discharge Elimination System Stormwater Permit for Construction Activities To be applied for, if applicable Sanitary Sewer Extension Permit To be applied for, if applicable Construction Contingency Plan and Response Action Plan approval To be applied for, if applicable Notice of Intent of Demolition To be applied for, if applicable Industrial Wastewater Permit To be applied for, if applicable Significant Industrial User Permit To be applied for, if applicable Minnesota Department of Natural Resources Temporary Groundwater Appropriation Permit for Construction Dewatering To be applied for, if applicable Water Appropriation Permit To be applied for, if applicable Minnesota Department of Health Water Main Installation Permit To be applied for, if applicable Notification of Intent to Perform a Demolition To be applied for, if applicable Notification of Asbestos Related Work To be applied for, if applicable Regional Metropolitan Council Sewer Extension Permit To be applied for, if applicable Sewer Connection Permit to Connect To be applied for, if applicable Direct Connection Permit To be applied for, if applicable Industrial Waste Discharge Permit To be applied for, if applicable County Dakota County Building Permit To be applied for, if applicable Right-of-Way Permit To be applied for, if applicable Watershed District Vermillion River Watershed Joint Powers Organization Review of Diversions, Intercommunity flows (upon request from adjoining communities), project site size of 40 acres or more, and projects that are adjacent to or appear to impact watercourses or unique natural resources To be applied for, if applicable City City of Farmington Preliminary/Final Plat To be applied for, if applicable Sign Permit To be applied for, if applicable Site Plan Approval To be applied for, if applicable Building Permit To be applied for, if applicable Erosion Control, Grading, and Stormwater Permit To be applied for, if applicable Right-of-Way permit To be applied for, if applicable WCA Review and Approval To be applied for, if applicable Page 240 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 12 Unit of Government Type of Application Status Wetland Buffer Zone Management Plan approval To be applied for, if applicable Zoning Map Amendment To be applied for, if applicable Demolition Permit To be applied for, if applicable AUAR Adoption In process 10. LAND USE Describe: i. Existing land use of the site as well as areas adjacent to and near the site, including parks, trails, and prime or unique farmlands. The AUAR study area is located in a semirural area north of 212th St W in Farmington, Minnesota. The study area consists of six existing parcels. The majority of the study area is designated as Agriculture land use; the northeastern portion of the study area is designated as Single Family Detached (see Figure 6). The study area is generally bounded by Flagstaff Ave to the west, 212th St W to the south, Pilot Knob Rd to the east, and parcel boundaries to the north. Land uses adjacent to the study area include agricultural land to the north and south, residential land to the east and west, and industrial development to the east and west. Farmington High School is located to the west of the study area. There are no existing parks within or adjacent the study area. Dakota County Park Conservation Area and the Lake Marion Greenway Region Trail is located approximately one half-mile south of the study area boundary. According to the Natural Resources Conservation Service (NRCS), 53.3 percent of the study area is considered prime farmland, and an additional 9.9 percent of the study area is considered farmland of statewide importance (see Figure 9: Soil Types). ii. Planned land use as identified in comprehensive plans (if available) and any other applicable plan for land use, water, or resource management by a local, regional, state, or federal agency. Farmington 2040 Comprehensive Plan The City of Farmington adopted the City of Farmington 2040 Comprehensive Plan2 in 2019. The Comprehensive Plan designates a specific mix of future land use designations throughout the city and describes Farmington as an “emerging suburban edge” community that is continuing to develop into urbanized levels of development. One of the goals of the Comprehensive Plan update is to “establish the community’s long-term 2 Source: City of Farmington 2040 Comprehensive Plan. Available at: https://cdnsm5- hosted.civiclive.com/UserFiles/Servers/Server_745675/File/Government/Departments/PlanningandZoning/2040/2040CompPla n_Dec2020.pdf Page 241 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 13 vision, guiding principles, goals, policies, and maps to shape and manage future changes in the community.” Anticipated phasing for future development in the AUAR study area is predicted to occur between 2020 and 2040. The study area is identified as Industrial and Mixed-Use (Commercial/industrial) in the 2040 future land uses (Figure 7), see Table 4. Table 4: Farmington 2040 Comprehensive Plan designations within the AUAR Study Area Future Land Use Designation Purpose Industrial Land guided for primarily manufacturing and/or processing of products, warehousing, or warehousing in order to increase the city’s tax base and provide employment opportunities. Mixed-Use (Commercial/Industrial) Land guided for the integration of commercial and industrial land uses which are compatible with each other, including office, light industrial, and retail uses. Intent of this land use designation is to provide additional flexibility that supports the creation of employment centers on large sites, generally characterized by a broader diversity of jobs, higher development densities and jobs per acre, higher quality site and architectural design, and increased tax revenues. Dakota County 2040 Comprehensive Plan The Dakota County 2040 Comprehensive Plan 3 is used to guide the County’s housing, transportation, county facilities, parks, and land use planning over the next 20 years. Farmington is classified as an emerging suburban edge community. Communities with the emerging suburban edge classification includes areas managing rapid growth and change. These areas have significant amounts of land for future development. Primary concerns in suburban edge communities include protecting water supplies and preserving open space. In Dakota County, cities independently administer zoning and comprehensive planning land use controls; the County does not have land use or zoning authority in Farmington. iii. Zoning, including special districts or overlays such as shoreland, floodplain, wild and scenic rivers, critical area, agricultural preserves, etc. AUAR Guidance: Water-related land use management districts should be delineated on appropriate maps, and the land use restrictions applicable in those districts should be described. If any variances or deviations from these restrictions within the AUAR area are envisioned, this should be discussed. 3 Source: Dakota County 2040 Comprehensive Plan. Available at: https://www.co.dakota.mn.us/Government/Planning/CompPlan/Documents/2040ComprehensivePlanAmendment.pdf Page 242 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 14 Existing Zoning The majority of the study area is zoned as I, Industrial. According to Farmington’s city code 4, a small section in the southeast portion of the study area is zoned as MUCI, Mixed-Use Commercial/Industrial. The Industrial district is intended to provide “areas for existing and future industrial uses and promotes high quality architectural, landscaping and site plan development standards in order to increase the City's tax base and employment opportunities.” Permitted uses include breweries, data center, distilleries, light manufacturing facilities, microdistilleries, offices, office showrooms, office warehouses, research facilities, small breweries, and warehousing facilities. Conditional uses include bus terminals, child day care facilities, cocktail rooms, commercial recreational uses, food processing facilities, kennels, manufacturing facilities, public utility buildings, recycling facilities, taprooms, truck terminals, and warehouse retails. Mixed Use Commercial/Industrial District “provides for the development of larger mixed business areas along major roadways, including services, offices, research laboratories, and light manufacturing uses without any exterior activities, as well as compatible commercial uses. This district is intended to be flexible to accommodate a mix of non-residential uses and development formats”. Permitted uses include child daycare facilities, commercial recreation, data centers, health clubs, hotels, offices, research laboratories, class I restaurants, retails sales and services, and warehousing facilities. Conditional uses include brewpubs, convenience stores, dental laboratories, grocery stores, hotels and motels, public utility buildings, and class II and II restaurants. The AUAR study area is currently used for agricultural purposes (crop cultivation), but in the future, agricultural land in the City of Farmington is expected to be developed to different land uses. Any new development, redevelopment, change in land use, or change in zoning is required to be consistent with the current City’s Comprehensive Plan. FEMA National Flood Hazard According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (panel numbers 27037C0218E and 27037C0214E, effective 12/02/2011), the majority of the AUAR study area is located in an area of minimal flooding area. Portions of the study area along the north and the northeastern boundary are located in Zone A, a 100-year floodplain. Vermillion River Watershed Joint Powers Organization The study area is located within the Vermillion River watershed, which is administered by the Vermillion River Watershed Joint Powers Organization (VRWJPO). The VRWJPO seeks to protect surface water, ground water, and natural resources within in the Vermillion River watershed. Jurisdiction of the VRWJPO is provided under the Metropolitan Surface Water Management Act and the Metropolitan Area Local Water 4 Source: City Code of Farmington, MN. Available at: https://codelibrary.amlegal.com/codes/farmingtonmn/latest/farmington_mn/0-0-0-1 Page 243 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 15 Management Rules. One unnamed stream designated as a Water Quality Corridor by the VRWJPO is located along the northern boundary of the AUAR study area. Farmington Surface Water Management Plan The Farmington Surface Water Management Plan Wetland Classifications Map identifies four wetlands within the study area. This plan lays out the City’s rules regarding development within and near wetlands. Development adjacent to wetlands the must adhere to several standards listed in Farmington Wetland Ordinance 10-6-17 Wetland Standards including the buffer width and setbacks listed in Table 5. The City of Farmington uses a functional value index to define wetlands classifications. The functional value index is based on a weighted average that incorporates the wetland community and the functional value. Per the Farmington Wetland Ordinance, “To achieve no net loss of wetlands except as authorized by a wetland alteration permit issued by the city, a person may not drain, grade, fill, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetlands permitted by a wetland alteration permit, must be fully mitigated so that there is no net loss of wetlands. (Ord. 002-469, 2-19-2002).” Table 5: Wetland Buffer Strips and Setbacks5 Wetland Classification Functional Value Index Average Buffer Width (Feet) Minimum Buffer (Feet) Structure Setback from Outer Edge of Buffer (Feet) Protect 1-0.6 75 75 10 Manage 1 0.59-0.5 50 30 10 Manage 2 0.49-0.3 30 25 10 iv. If any critical facilities (i.e., facilities necessary for public health and safety, those storing hazardous materials, or those housing occupants who may be insufficiently mobile) are proposed in floodplain areas and other areas identified as at risk for localized flooding, describe the risk potential considering changing precipitation and event intensity. No critical facilities are proposed as part of the project. 1 Discuss the project’s compatibility with nearby land uses, zoning, and plans listed in Item 9a above, concentrating on implications for environmental effects. 5 Source: City of Farmington Wetland Ordinance. chrome -extension://efaidnbmnnnibpcajpcglclefindmkaj/https://cdnsm5- hosted.civiclive.com/UserFiles/Servers/Server_745675/File/Government/Departments/NaturalResources/Water/WetlandOrdin ance.pdf Page 244 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 16 AUAR Guidance: The extent of conversion of existing farmlands anticipated in the AUAR should be described. If any farmland will be preserved by special protection programs, this should be discussed. If development of the AUAR will interfere or change the use of any existing designated parks, recreation areas, or trails, this should be described in the AUAR. The RGU may also want to discuss under this item any proposed parks, recreation areas, or trails to be developed in conjunction with development of the AUAR area. The AUAR must include a statement of certification from the RGU that its comprehensive plan complies with the requirements set out at Minnesota Rules, part 4410.3610, subpart 1. The AUAR document should discuss the proposed AUAR area development in the context of the comprehensive plan. If this has not been done as part of the responses to Items 6, 9, 11, 18, and others, it must be addressed here; a brief synopsis should be presented here if the material has been presented in detail under other items. Necessary amendments to comprehensive plan elements to allow for any of the development scenarios should be noted. If there are any management plans of any other local, state, or federal agencies applicable to the AUAR area, the document must discuss the compatibility of the plan with the various development scenarios studied, with emphasis on any incompatible elements. The AUAR will discuss the project’s compatibility with nearby land uses, zoning, parks and trails, and other relevant plans. The AUAR will also include a statement of certification from the RGU that its comprehensive plan complies with the requirements set out at Minnesota Rules, part 4410.3610, subpart 1. 2 Identify measures incorporated into the proposed project to mitigate any potential incompatibility as discussed in Item 9b above. The proposed development scenarios are anticipated to be compatible with planned land use in the project vicinity. The AUAR will identify measures to mitigate any potential incompatibilities. Page 245 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 17 Figure 6: Existing Land Use Page 246 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 18 Figure 7: Future Land Use Page 247 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 19 Figure 8: Existing Zoning Map 11. GEOLOGY, SOILS, AND TOPOGRAPHY/LAND FORMS Geology – Describe the geology underlying the project area and identify and map any susceptible geologic features such as sinkholes, shallow limestone formations, unconfined/shallow aquifers, or karst conditions. Discuss any limitations of these features for the project and any effects the project could have on these features. Identify any project designs or mitigation measures to address effects to geologic features. AUAR Guidance: A map should be included to show any groundwater hazards identified. According to the Geologic Atlas of Dakota County (Minnesota Geological Survey, 1990), the AUAR study area is underlain by sandstone, chert, and Oneota Dolomite. The mean depth to bedrock is approximately 196 feet below ground surface. Bedrock is comprised of sandstone and chert. In descending order, the upper two formations are the Prairie Du Chien Group and the Jordan Sandstone formation. There are no known sinkholes or unconfined/shallow aquifers located within the AUAR study area. There are karst conditions located approximately 500 feet from the study area. The AUAR will include a discussion of karst conditions and any potential mitigation measures. According to the Geologic Atlas of Dakota County (Minnesota Geological Survey, 1990), groundwater is present at approximately 20 feet below grade, excluding the wetlands located within the study area. With the proposed stormwater BMPs and proposed construction, no adverse impacts to groundwater are anticipated as a result of the project. Soils and Topography – Describe the soils on the site, giving NRCS (SCS) classifications and descriptions, including limitations of soils. Describe topography, any special site conditions relating to erosion potential, soil stability, or other soil limitations, such as steep slopes or highly permeable soils. Provide estimated volume and acreage of soil excavation and/or Page 248 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 20 grading. Discuss impacts from project activities (distinguish between construction and operational activities) related to soils and topography. Identify measures during and after project construction to address soil limitations including stabilization, soil corrections, or other measures. Erosion/sedimentation control related to stormwater runoff should be addressed in response to Item 11.b.ii. AUAR Guidance: The number of acres to be graded and number of cubic yards of soil to be moved need not be given; instead, a general discussion of the likely earthmoving needs for development of the area should be given, with an emphasis on unusual or problem areas. In discussing mitigation measures, both the standard requirements of the local ordinances and any special measures that would be added for AUAR purposes should be included. A standard soils map for the area should be included. According to the Natural Resources Conservation Service (NRCS) Web Soil, the area is comprised of 21 different soil types. Soil information is included in Table 6 and Figure 9. The erosion hazard rating included in Table 6 indicates the hazard of soil loss from off-road areas after disturbance activities that expose the soil surface. Within the project site, 18.5% of the soil surface is mapped with a “moderate” rating, indicating that some erosion is likely in these areas and that erosion control measures may be needed. The remaining 81.5% of the study area is mapped with a “slight” rating, meaning that erosion is unlikely under ordinary climatic conditions. Topography within the study area varies from 906 feet in elevation in the northwest corner of the site to 968 feet in elevation in the southwest portion of the site. The site generally drains to the northeast towards linear drainage features. The AUAR will include a general discussion of the likely earthmoving needs for the development and identify measures to minimize erosion and identify short-term and long-term establishment and erosion control plans that account for seasonal changes and comply with permit conditions. Any additional information provided by the developer will be utilized to supplement the information provided above. Table 6: Soil Types Map unit symbol Map unit name Acres in AOI Percent of AOI Farmland Rating Hydric Rating Erosion Hazard Rating 2B Ostrander loam, 1 to 6 percent slopes 22 6.70% All areas are prime farmland 0 Slight 2C Ostrander loam, 6 to 12 percent slopes 18.9 5.70% Farmland of statewide importance 0 Moderate Page 249 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 21 Map unit symbol Map unit name Acres in AOI Percent of AOI Farmland Rating Hydric Rating Erosion Hazard Rating 39B Wadena loam, 2 to 6 percent slopes 3.8 1.20% All areas are prime farmland 0 Moderate 39C Wadena loam, 6 to 12 percent slopes 6.8 2.10% Farmland of statewide importance 0 Moderate 98 Colo silt loam, occasionally flooded 7.7 2.30% Prime farmland if protected from flooding or not frequently flooded during the growing season 95 Slight 129 Cylinder loam, 0 to 2 percent slopes 5.4 1.60% All areas are prime farmland 15 Slight 176 Garwin silty clay loam 21.9 6.70% Prime farmland if drained 95 Slight 208 Kato silty clay loam 53.3 16.20% Prime farmland if drained 95 Slight 213B Klinger silt loam, 1 to 5 percent slopes 15.4 4.70% All areas are prime farmland 5 Moderate 255 Mayer silt loam 1.6 0.50% Prime farmland if drained 90 Slight 285A Port Byron silt loam, 0 to 2 percent slopes 3.3 1.00% All areas are prime farmland 0 Slight 285B Port Byron silt loam, 2 to 6 percent slopes 21 6.40% All areas are prime farmland 0 Moderate Page 250 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 22 Map unit symbol Map unit name Acres in AOI Percent of AOI Farmland Rating Hydric Rating Erosion Hazard Rating 301B Lindstrom silt loam, till plain, 2 to 6 percent slopes 28.3 8.60% All areas are prime farmland 5 Moderate 320C2 Tallula silt loam, 6 to 12 percent slopes, eroded 3.8 1.20% Farmland of statewide importance 0 Severe 411A Waukegan silt loam, 0 to 1 percent slopes 16.3 4.90% All areas are prime farmland 0 Slight 411B Waukegan silt loam, 1 to 6 percent slopes 60 18.20% All areas are prime farmland 0 Moderate 411C Waukegan silt loam, 6 to 12 percent slopes 3 0.90% Farmland of statewide importance 0 Severe 611C Hawick gravelly sandy loam, 6 to 12 percent slopes 23.8 7.20% Not prime farmland 0 Moderate 611D Hawick gravelly sandy loam, 12 to 20 percent slopes 12.8 3.90% Not prime farmland 0 Severe Page 251 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 23 Figure 9: Soil Types 12. WATER RESOURCES AUAR Guidance: The information called for on the EAW form should be supplied for any of the infrastructure associated with the AUAR development scenarios, and for any development expected to physically impact any water resources. Where it is uncertain whether water resources will be impacted depending on the exact design of future development, the AUAR should cover the possible impacts through a “worst case scenario” or else prevent impacts through the provisions of the mitigation plan. Describe surface water and groundwater features on or near the site below. i. Surface Water – lakes, streams, wetlands, intermittent channels, and county/judicial ditches. Include any special designations such as public waters, trout stream/lake, wildlife lakes, migratory waterfowl feeding/resting lake, and outstanding resource value water. Include water quality impairments or special designations listed on the current MPCA 303d Impaired Waters List that are within one mile of the project. Include DNR Public Waters Inventory number(s), if any. Page 252 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 24 A field wetland delineation will be completed to confirm the extents of wetlands and waterways within the project study area. The AUAR will include a summary of the findings from the wetland delineation. There are several DNR Public Watercourses within the study area vicinity. An unnamed DNR Public Watercourse and MPCA 303d Impaired Water, unnamed stream M-049-010- 001, is directly adjacent to the northeast of the study area. Vermillion River, another DNR Public Watercourse and MPCA 303d Impaired Water, is approximately one-half mile south of the study area. An unnamed branch of the Vermillion River, unnamed stream M-049-012, is located approximately one-quarter mile south of the Study Area and is designated as a MnDNR Public Watercourse, MPCA 303d Impaired Water, and MnDNR trout stream. There are two unnamed DNR Public Water Basins within one mile of the study area, both located to the northeast of the study area. The Mississippi River Corridor Critical Area is not within one mile of the AUAR Study Area. Any additional water resources identified during the wetland delineation will be discussed in the AUAR. The AUAR study area is located within the Vermillion River Watershed Joint Powers Organization area. The City was issued a MCPA MS-4 permit in 2021, and have adopted water resource standards into their City ordinances. Approvals related to the VRWJPO Standards will be handled by the City. Runoff from the study area generally drains northeast, towards the Mississippi River, which is located to the northeast of the study area. Page 253 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 25 Figure 10: Surface Water Resources ii. Groundwater – aquifers, springs, and seeps. Include 1) depth to groundwater; 2) if project is within a MDH well protection area; and 3) identification of any onsite and/or nearby wells, including unique numbers and well logs, if available. If there are no wells known on site or nearby, explain the methodology used to determine this. According to the Geologic Atlas of Dakota County (Minnesota Geological Survey, 1990), groundwater is present at approximately 20 feet below grade, excluding the wetland portion. Based on Dakota County’s well records, there are five wells located within the AUAR study area, see Table 7. Wells located within the AUAR study area would be properly sealed by a licensed well contractor prior to redevelopment within the AUAR study area per MPCA and MDH well sealing requirements. The AUAR study area is located within a wellhead protection area (Farmington NW) and a Drinking Water Supply Management Area (DWSMA) (Farmington NW). The AUAR will Page 254 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 26 discuss any potential impacts to the Farmington NW wellhead protection area and DWSMA. Table 7: Wells within the AUAR Study Area Well ID Number Index Status Well Use Well Depth (feet) 768804 Active Irrigation 245 H304659 Sealed Domestic 75 540204 Active Domestic 240 W05399 Inactive Domestic - W05400 Active Domestic - Figure 11: Groundwater Resources Describe effects from project activities on water resources and measures to minimize or mitigate the effects below. Page 255 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 27 i. Wastewater – For each of the following, describe the sources, quantities, and composition of all sanitary, municipal/domestic, and industrial wastewaters projected or treated at the site. AUAR Guidance: Observe the following points of guidance in an AUAR: • Only domestic wastewater should be considered in an AUAR—industrial wastewater would be coming from industrial uses that are excluded from review through an AUAR process • Wastewater flows should be estimated by land use subareas of the AUAR area; the basis of flow estimates should be explained • The major sewer system features should be shown on a map and the expected flows should be identified • If not explained under Item 6, the expected staging of the sewer system construction should be described • The relationship of the sewer system extension to the RGU’s comprehensive sewer plan and (for metro area AUARs) to Metropolitan Council regional systems plans, including MUSA expansions, should be discussed. For non-metro area AUARs, the AUAR must discuss the capacity of the RGU’s wastewater treatment system compared to the flows from the AUAR area; any necessary improvements should be described. • If on-site systems will serve part of the AUAR, the guidance in the February 2000 edition of the EAW Guidelines on page 16 regarding item 18b under Residential development should be followed. 1) If the wastewater discharge is to a publicly owned treatment facility, identify any pretreatment measures and the ability of the facility to handle the added water and waste loadings, including any effects on, or required expansion of, municipal wastewater infrastructure. It is assumed that sanitary sewer service for the AUAR study area will be provided by existing City sanitary sewer connections in the area. The AUAR will discuss Minnesota Pollution Control Agency (MPCA) and Metropolitan Council Environmental Services (MCES) requirements and potential pretreatment measures for industrial wastewater. The AUAR will evaluate the estimated wastewater flows for the proposed development scenarios, and the existing City sanitary sewer system will be evaluated to determine if there is adequate capacity to convey wastewater. Appropriate mitigation measures or system improvements will be identified, if needed. Page 256 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 28 2) If the wastewater discharge is to a subsurface sewage treatment system (SSTS), describe the system used, the design flow, and suitability of site conditions for such a system. No subsurface sewage treatment systems (SSTS) are anticipated within the AUAR study area for the proposed development scenario. 3) If the wastewater discharge is to surface water, identify the wastewater treatment methods, discharge points, and proposed effluent limitations to mitigation impacts. Discuss any effects to surface or groundwater from wastewater discharges. No wastewater discharge to surface waters is anticipated for the proposed development scenario. ii. Stormwater – Describe changes in surface hydrology resulting from change of land cover. Describe the routes and receiving water bodies for runoff from the project site (major downstream water bodies as well as the immediate receiving waters). Discuss environmental effects from stormwater discharges on receiving waters post- construction, including how the project will affect runoff volume, discharge rate, and change in pollutants. Consider the effects of current Minnesota climate trends and anticipated changes in rainfall frequency, intensity, and amount with this discussion. For projects requiring NPDES/SDS Construction Stormwater permit coverage, state the total number of acres that will be disturbed by the project and describe the stormwater pollution prevention plan (SWPPP), including specific best management practices to address soil erosion and sedimentation during and after project construction. Discuss permanent stormwater management plans, including methods of achieving volume reduction to restore or maintain the natural hydrology of the site using green infrastructure practices or other stormwater management practices. Identify any receiving waters that have construction-related water impairments or are classified as special as defined in the Construction Stormwater permit. Describe additional requirements for special and/or impaired waters. AUAR Guidance: For an AUAR the following additional guidance should be followed in addition to that in EAW Guidelines: • It is expected that an AUAR will have a detailed analysis of stormwater issues • A map of the proposed stormwater management system and of the water bodies that will receive stormwater should be provided • The description of the stormwater systems would identify on-site and “regional” detention ponding and also indicate whether the various ponds will be new water bodies or converted existing ponds or wetlands. Where on-site ponds will be used but have not yet been designed, the discussion should indicate the design standards that will be followed. Page 257 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 29 • If present in or adjoining the AUAR area, the following types of water bodies must be given special analyses: o Lakes: Within the Twin Cities metro area, a nutrient budget analysis must be prepared for any “priority lake” identified by the Metropolitan Council. Outside of the metro area, lakes needing a nutrient budget analysis must be determined by consultation with the MPCA and DNR staffs. o Trout streams: If stormwater discharges will enter or affect a trout stream, an evaluation of the impacts on the chemical composition and temperature regime of the stream and the consequent impacts on the trout population (and other species of concern) must be included. There is currently minimal impervious surface area within the study area. The total amount of impervious surface under the development scenarios will be documented in the AUAR. The AUAR will address stormwater rates, water quality, and volumes for the AUAR study area, and any temporary and permanent stormwater run-off controls will be identified. An existing and proposed conditions analysis will be completed showing the locations of the temporary and permanent stormwater run-off controls. The National Pollution Discharge Elimination System (NPDES) permit requirements will be adhered to. Special or impaired waters on or near the site will be identified. Based on the results of the climate trends analysis and flooding risk assessment, any additional volume and rate control needed for stormwater management will be discussed in the AUAR. Stormwater management strategies including any proposed green infrastructure will be documented in the AUAR. iii. Water Appropriation – Describe if the project proposes to appropriate surface or groundwater (including dewatering). Describe the source, quantity, duration, use, and purpose of the water use and if a DNR water appropriation permit is required. Describe any well abandonment. If connecting to an existing municipal water supply, identify the wells to be used as a water source and any effects on, or required expansion of, municipal water infrastructure. Discuss environmental effects from water appropriation, including an assessment of the water resources available for appropriation. Discuss how the proposed water use is resilient in the event of changes in total precipitation, large precipitation events, drought, increased temperatures, variable surface water flows and elevations, and longer growing seasons. Identify any measures to avoid, minimize, or mitigate environmental effects from the water appropriation. Describe contingency plans should the appropriation volume increase beyond infrastructure capacity or water supply for the project diminish in quantity or quality, such as reuse of water, connections with another water source, or emergency connections. Page 258 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 30 AUAR Guidance: If the area requires new water supply wells, specific information about that appropriation and its potential impacts on groundwater levels should be given; if groundwater levels would be affected, any impacts resulting on other resources should be addressed. The water supply for the study area will be obtained from the City of Farmington. Municipal wells, stored in a water reservoir or water tower, are the source of drinking water for the city. The AUAR will evaluate the existing and proposed infrastructure needs, and will discuss the viability of supplementing City water with alternative water sources. Handling of any required construction dewatering discharge will be addressed in the AUAR. The AUAR will also discuss the water demands for the site and the existing city water system capacity. Mitigation strategies or system improvements, if applicable, will be identified in the AUAR. iv. Surface Waters 1) Wetlands – Describe any anticipated physical effects or alterations to wetland features, such as draining, filling, permanent inundation, dredging, and vegetative removal. Discuss direct and indirect environmental effects from physical modification of wetlands, including the anticipated effects that any proposed wetland alterations may have to the host watershed, taking into consideration how current Minnesota climate trends and anticipated climate change in the general location of the project may influence the effects. Identify measures to avoid (e.g., available alternatives that were considered), minimize, or mitigate environmental effects to wetlands. Discuss whether any required compensatory wetland mitigation for unavoidable wetland impacts will occur in the same minor or major watershed and identify those probable locations. A wetland delineation will be completed for this project. The AUAR will address potential wetland impacts based on the proposed scenarios, and mitigation strategies will be identified, if applicable. 2) Other surface waters – Describe any anticipated physical effects or alterations to surface water features (lakes, streams, ponds, intermittent channels, county/judicial ditches) such as draining, filling, permanent inundation, dredging, diking, stream diversion, impoundment, aquatic plant removal, and riparian alteration. Discuss direct and indirect environmental effects from physical modification of water features, taking into consideration how current Minnesota climate trends and anticipated climate change in the general location of the project may influence the effects. Identify measures to avoid, minimize, or mitigate environmental effects to surface water features, including in-water Best Management Practices that are proposed to avoid or minimize turbidity/sedimentation while physically altering the water features. Discuss how the project will change the number or type of watercraft on any water body, including current and projected watercraft usage. Page 259 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 31 AUAR Guidance: Water surface use need only be addressed if the AUAR area would include or adjoin recreational water bodies. Wetlands are present within the AUAR study area. Surface water alterations will be discussed in the AUAR. 13. CONTAMINATION/HAZARDOUS MATERIALS/WASTES Pre-project Site Conditions – Describe existing contamination or potential environmental hazards on or in close proximity to the project site, such as soil or groundwater contamination, abandoned dumps, closed landfills, existing or abandoned storage tanks, and hazardous liquid or gas pipelines. Discuss any potential environmental effects from pre- project site conditions that would be caused or exacerbated by project construction and operation. Identify measures to avoid, minimize, or mitigate adverse effects from existing contamination or potential environmental hazards. Include development of a Contingency Plan or Response Action Plan. The AUAR will review the Minnesota Pollution Control Agency’s (MPCA) What’s In My Neighborhood database and Dakota County’s MPCA site inventory to determine if any known contaminated properties or potential environmental hazards are located within and adjacent to the AUAR study area. Project Related Generation/Storage of Solid Wastes – Describe solid wastes generated/stored during construction and/or operation of the project. Indicate method of disposal. Discuss potential environmental effects from solid waste handling, storage, and disposal. Identify measures to avoid, minimize, or mitigate adverse effects from the generation/storage of solid waste including source reduction and recycling. AUAR Guidance: Generally, only the estimated total quantity of municipal solid waste generated and information about any recycling or source separation programs of the RGU need to be included. The AUAR will provide information on the estimated quantity of municipal solid waste to be generated during construction and operational phases of the development scenarios. Project Related Use/Storage of Hazardous Materials – Describe chemicals/hazardous materials used/stored during construction and/or operation of the project including method of storage. Indicate the number, location, and size of any above or below ground tanks to store petroleum or other materials. Discuss potential environmental effects from accidental spills or releases of hazardous materials. Identify measures to avoid, minimize, or mitigate adverse effects from the use/storage of chemicals/hazardous materials including source reduction and recycling. Include development of a spill prevention plan. AUAR Guidance: Not required for an AUAR. Potential locations of storage tanks associated with commercial uses in the AUAR should be identified (e.g., gasoline tanks at service stations). Page 260 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 32 The AUAR will identify any potential future storage tank locations anticipated as part of the proposed development and if any existing storage tanks are anticipated to be used under the development scenarios. Project Related Generation/Storage of Hazardous Wastes – Describe hazardous wastes generated/stored during construction and/or operation of the project. Indicate method of disposal. Discuss potential environmental effects from hazardous waste handling, storage, and disposal. Identify measures to avoid, minimize, or mitigate adverse effects from the generation/storage of hazardous wastes including source reduction and recycling. AUAR Guidance: Not required for an AUAR. Not applicable. 14. FISH, WILDLIFE, PLANT COMMUNITIES, AND SENSITIVE ECOLOGICAL RESOURCES (RARE FEATURES) Describe fish and wildlife resources as well as habitats and vegetation on or near the site. AUAR Guidance: The description of fish and wildlife resources should be related to the habitat types depicted on the cover types map. Any differences in impacts between development scenarios should be highlighted in the discussion. The majority of the land within the AUAR study area has been previously disturbed through farming and provides limited and low-quality habitat. Minimal wildlife habitat is located within the AUAR study area due to the prior extent of continued ground disturbance and minimal natural vegetation. Habitats that can be found within the study area include woods, grasslands, and wetlands. Wildlife that can be found within the study area include birds, small mammals, and insects. There are no areas of biodiversity significance within one mile of the study area. There is one area of ecological significance in the northeastern portion of the site. The AUAR study area is located approximately 10 miles away from the Mississippi River Twin Cities Important Bird Area. The AUAR will address the cover types for the existing conditions and the post-construction scenarios. Describe rare features such as state-listed (endangered, threatened, or special concern) species, native plant communities, Minnesota County Biological Survey Sites of Biodiversity Significance, and other sensitive ecological resources on or within close proximity to the site. Provide the license agreement number and/or correspondence number (ERDB) from which the data were obtained and attach the Natural Heritage letter from the DNR. Indicate if any additional habitat or species survey work has been conducted within the site and describe results. AUAR Guidance: For an AUAR, prior consultation with the DNR Division of Ecological Resources for information about reports of rare plant and animal species in the vicinity is required. Include the reference numbers called for on the EAW form in the AUAR and include the DNR’s response Page 261 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 33 letter. If such consultation indicates the need, an on-site habitat survey for rare species in the appropriate portions of the AUAR area is required. Areas of on-site surveys should be depicted on a map, as should any “protection zones” established as a result. State-Listed Species Kimley-Horn conducted a review of the DNR Natural Heritage Information System (NHIS) in March 2024 per license agreement LA-1074 for the study area and area within a one-mile radius for state-listed threatened, endangered, and special concern species. The review did not identify any state listed species. A correspondence letter has been requested from the DNR. Any potential impacts to wildlife habitat, federally listed species, and state-listed species will be provided in the AUAR. Federally-Listed Species The U.S. Fish and Wildlife (USFWS) Service Information for Planning and Conservation (IPaC) tool was used to identify federally-listed species within or near the AUAR Study Area. This review identified two federally-listed endangered species, Northern Long-eared Bat and Rusty Patched Bumble Bee. This review also identified one federally-listed proposed endangered species, Tricolored Bat, one federally-listed candidate species, monarch butterfly, and one experimental population, whooping crane. Northern Long-Eared Bat A record for the Northern Long-eared Bat (Myotis Septentrionalis) is located within Dakota County. Northern long-eared bat (NLEB) was designated a federally endangered species by FWS in April 2023. According to the Minnesota DNR, in the southern part of the state, NLEB may use attics, bridges, and buildings for hibernating. In summer, the species is often found within forested habitats, especially around wetlands. Summer roosts may include under loose tree bark, in buildings, behind signs or shutters, caves, mines, and quarry tunnels. Given that the site area has been cultivated for agricultural use and does not contain caves or large expanses of forested habitat, the potential for the Northern Long-eared Bat to utilize the site is considered low. The project may include the removal of a small quantity of trees. Potential impacts to the NLEB and mitigation measures will be discussed in the AUAR. Tricolored Bat The Tricolored Bat (Perimyotis subflavus) was proposed to be designated as a federally endangered species by the U.S. Fish and Wildlife in September 2022. According to the USFWS, during the winter, tricolored bats are often found in caves and abandoned mines. During the spring, summer, and fall, Tricolored Bats are found in forested habitats where they roost in trees, primarily among leaves of live or recently dead deciduous hardwood trees, but may also be found in Spanish moss, pine trees, and occasionally human structures. Like the Northern Long-eared Bat, the spread of white-nose syndrome across the eastern portion of the United States has become the major threat to the Tricolored Bat, with an estimated decline of more than 90% in affected colonies. According to the DNR’s Rare Species Guide, there are no known maternity colonies within the state of Minnesota. Only three live hibernating individuals have Page 262 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 34 been observed in Minnesota. Due to the low occurrence rate and given that the study area has been disturbed for agricultural use and does not contain caves or large expanses of forested habitat, the potential for the Tricolored Bat to utilize the study area is considered low. The project may include the removal of a small quantity of trees. Potential impacts to the tricolored bat and mitigation measures will be discussed in the AUAR. Monarch Butterfly The Monarch Butterfly is designated as a candidate species for official listing by the USFWS. The preferred habitat for this species is prairie where milkweed and flowers are present. According to the USFWS, there are many potential reasons for the butterfly’s decline, including habitat loss at breeding and overwintering sites, disease, pesticides, logging at overwintering sites, and climate change. The study area has been disturbed for agricultural use and does not contain natural prairie vegetation; therefore, impacts to the Monarch Butterfly are not anticipated. Whooping Crane The Whooping Crane is designated as an experimental population, non-essential species by the USFWS. Non-essential experimental populations are treated as threatened species on National Wildlife Refuge and National Park land (require consultation under 7(a)(2) of the ESA) and as a proposed species on private land (no section 7(a)(2) requirements, but Federal agencies must not jeopardize their existence (section 7(a)(4))). The preferred habitat for the species include shallow mashes and adjacent, open grasslands. Due to the non-essential status of the species, no adverse impacts are anticipated. Discuss how the identified fish, wildlife, plant communities, rare features, and ecosystems may be affected by the project. Include a discussion on introduction and spread of invasive species from the project construction and operation. Separately discuss effects to known threatened and endangered species. Invasive Species Invasive species are a major cause of biodiversity loss and are considered biological pollutants by the DNR. Invasive species can be moved on construction equipment, landscaping equipment, and other debris. The AUAR will include a discussion on best management practices to prevent the introduction and spread of invasive species during construction and operation. Stormwater Stormwater run-off can cause a number of environmental problems. When stormwater drains off a construction site, it can carry sediment and pollutants that harm lakes, rivers, streams, and wetlands which in turn may harm wildlife. Strategies for stormwater management and treatment of stormwater run-off within the study area will be discussed in Section 12 of the AUAR. Impacts to protected species and habitats The AUAR will further investigate the potential for impacts to any federally listed species, state- listed species, or protected wildlife habitats. Page 263 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 35 Identify measures that will be taken to avoid, minimize, or mitigate adverse effects to fish, wildlife, plant communities, and sensitive ecological resources. The AUAR will address any potential mitigation measures identified by the DNR and USFWS to minimize and avoid adverse impacts to any protected species and wildlife habitats. 15. HISTORIC PROPERTIES Describe any historic structures, archeological sites, and/or traditional cultural properties on or in close proximity to the site. Include 1) historic designations; 2) known artifact areas; and 3) architectural features. Attach letter received from the Minnesota State Historic Preservation Office (SHPO). Discuss any anticipated effects to historic properties during project construction and operation. Identify measures that will be taken to avoid, minimize, or mitigate adverse effects to historic properties. AUAR Guidance: For an AUAR, contact with the State Historic Preservation Office and State Archeologist is required to determine whether there are areas of potential impacts to these resources. If any exist, an appropriate site survey of high probability areas is needed to address the issue in more detail. The mitigation plan must include mitigation for any impacts identified. A State Historic Preservation Office (SHPO) database search was requested in March 2024. The AUAR will discuss the results of this database review and any potential impacts to archaeological, historical, and/or architectural resources as well as any applicable mitigation strategies. 16. VISUAL Describe any scenic views or vistas on or near the project site. Describe any project related visual effects such as vapor plumes or glare from intense lights. Discuss the potential visual effects from the project. Identify any measures to avoid, minimize, or mitigate visual effects. AUAR Guidance: Any impacts on scenic views and vistas present in the AUAR should be addressed. This would include both direct physical impacts and impacts on visual quality or integrity. EAW Guidelines contains a list of possible scenic resources. If any non-routine visual impacts would occur from the anticipated development, this should be discussed here along with appropriate mitigation. There are no scenic views or vistas on or near the AUAR study area. The AUAR will discuss any potential visual impacts of the proposed development scenarios on the surrounding area and any applicable mitigation strategies. 17. AIR Stationary Source Emissions – Describe the type, sources, quantities, and compositions of any emissions from stationary sources such as boilers or exhaust stacks. Include any hazardous air pollutants, criteria pollutants, and any greenhouse gases. Discuss effects to air quality including any sensitive receptors, human health, or applicable regulatory criteria. Include a Page 264 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 36 discussion of any methods used to assess the project’s effect on air quality and the results of that assessment. Identify pollution control equipment and other measures that will be taken to avoid, minimize, or mitigate adverse effects from stationary source emissions. AUAR Guidance: This item is not applicable to an AUAR. Any stationary air emissions source large enough to merit environmental review requires individual review. Not applicable to an AUAR. Vehicle Emissions – Describe the effect of the project’s traffic generation on air emissions. Discuss the project’s vehicle-related emissions effect on air quality. Identify measures (e.g., traffic operational improvements, diesel idling minimization plan) that will be taken to minimize or mitigate vehicle-related emissions. AUAR Guidance: Although the MPCA no longer issues Indirect Source Permits, traffic-related air quality may still be an issue if the analysis in Item 18 indicates that development would cause or worsen traffic congestion. The general guidance from the EAW form should still be followed. Questions about the details of air quality analysis should be directed to MPCA staff. The Minnesota Department of Transportation (MnDOT) has developed a screening method designed to identify intersections that will not cause a carbon monoxide (CO) impact above state standards. MnDOT has demonstrated that even the 10 highest traffic volume intersections in the Twin Cities do not experience CO impacts. Therefore, intersections with traffic volumes lower than these 10 highest intersections will not cause a CO impact above state standards. MnDOT’s screening method demonstrates that intersections with total daily approaching traffic volumes below 82,300 vehicles per day will not have the potential for causing CO air pollution problems. None of the intersections in the study area exceed the criteria that would lead to a violation of the air quality standards. No further air quality analysis is anticipated for the AUAR. Dust and Odors – Describe sources, characteristics, duration, quantities, and intensity of dust and odors generated during project construction and operation. (Fugitive dust may be discussed under Item 16a). Discuss the effect of dust and odors in the vicinity of the project including nearby sensitive receptors and quality of life. Identify measures that will be taken to minimize or mitigate the effects of dust and odors. AUAR Guidance: Dust and odors need not be addressed in an AUAR, unless there is some unusual reason to do so. The RGU might want to discuss as part of the mitigation plan, however, any dust control ordinances in effect. The AUAR will include discussion of dust control ordinances, including best management practices that would be applicable during demolition and construction within the AUAR study area. Any demolition activities must comply with state and federal regulations that require inspection of the structure for hazardous materials such as asbestos, lead based paint, light ballasts, thermostats, stored chemicals, and ozone depleting chemicals. Page 265 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 37 18. GREENHOUSE GAS (GHG) EMISSIONS/CARBON FOOTPRINT a. GHG Quantification – For all proposed projects, provide quantification and discussion of project GHG emissions. Include additional rows in the tables as necessary to provide project- specific emission sources. Describe the methods used to quantify emissions. If calculation methods are not readily available to quantify GHG emissions for a source, describe the process used to come to that conclusion and any GHG emission sources not included in the total calculation. About Greenhouse Gases (GHGs) Certain gases in the earth’s atmosphere, classified as greenhouse gases (GHGs), play a critical role in determining the earth’s surface temperature. Solar radiation enters the earth’s atmosphere from space. A portion of the radiation is absorbed by the earth’s surface and a smaller portion of this radiation is reflected back toward space. This absorbed radiation is then emitted from the earth as low-frequency infrared radiation. The frequencies at which bodies emit radiation are proportional to temperature. Because the earth has a much lower temperature than the sun, it emits lower-frequency radiation. Most solar radiation passes through GHGs; however, infrared radiation is absorbed by these gases. As a result, radiation that otherwise would have escaped back into space is instead “trapped,” resulting in a warming of the atmosphere. This phenomenon, known as the greenhouse effect, is responsible for maintaining a habitable climate on earth. The primary GHGs contributing to the greenhouse effect are carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O). Fluorinated gases also make up a small fraction of the GHGs that contribute to climate change. Examples of fluorinated gases include chlorofluorocarbons (CFCs), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6), and nitrogen trifluoride (NF3); however, it is noted that these gases are not associated with typical land use development. Human-caused emissions of GHGs exceeding natural ambient concentrations are believed to be responsible for intensifying the greenhouse effect and leading to a trend of unnatural warming of the earth’s climate, known as global climate change or global warming.6 Project Related GHG Emissions The AUAR will include an estimated quantification of the following GHG emissions associated with the proposed scenarios: • Carbon dioxide (CO2) • Nitrous oxide (N2O) • Methane (CH4) The projected GHG emissions will be provided on an average annual basis using the CO2 equivalent (CO2e) and include the proposer’s best estimate of average annual emissions over the proposed life/design service life of future development. The estimates will also include 6 Summarized from U.S. EPA, Overview of Greenhouse Gases: https://www.epa.gov/ghgemissions/overview-greenhouse-gases Page 266 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 38 emissions from the construction and operating phases of the scenario. Emissions will be estimated using the US Environmental Protection Agency’s Simplified GHG Emissions Calculator (SGEC) (Version 7 June 2021)7 and will be summarized by project phase (i.e., construction and operations) and source type (e.g., combustion from mobile equipment, off-site electricity). b. GHG Assessment i. Describe any mitigation considered to reduce the project’s GHG emissions. The AUAR will describe potential design strategies and sustainability measures for the proposed scenarios to reduce emissions. ii. Describe and quantify reductions from selected mitigation, if proposed to reduce the project’s GHG emissions. Explain why the selected mitigation was preferred. The AUAR will describe and quantify reductions from selected mitigation options. iii. Quantify the proposed project’s predicted net lifetime GHG emissions (total tons per number of years) and how those predicted emissions may affect achievement of the Minnesota Next Generation Energy Act goals and/or other more stringent state or local GHG reduction goals. The Next Generation Energy Act requires the state to reduce greenhouse gas emissions in the state by 80 percent between 2005 and 2050, while supporting clean energy, energy efficiency, and supplementing other renewable energy standards in Minnesota. The MPCA’s biennial GHG emissions reduction report from 2021 identifies strategies for reducing emissions in the three economic sectors with the highest emissions – transportation, electricity generation, and agriculture, forestry, and land use. The AUAR will discuss the expected lifespan of the project and calculate how many estimated metric tons of CO2 will be emitted over the project’s lifespan. The proposer will evaluate implementing the sustainability measures described in the AUAR. To reduce operational emissions to the extent practicable. The proposed project will be built in compliance with state regulations and city code. 19. NOISE Describe sources, characteristics, duration, quantities, and intensity of noise generated during project construction and operation. Discuss the effect of noise in the vicinity of the project including 1) existing noise levels/sources in the area; 2) nearby sensitive receptors; 3) conformance to state noise standards; and 4) quality of life. Identify measures that will be taken to minimize or mitigate the effects of noise. AUAR Guidance: Construction noise need not be addressed in an AUAR, unless there is some unusual reason to do so. The RGU might want to discuss as part of the mitigation plan, however, any construction noise ordinances in effect. 7 Source: https://www.epa.gov/climateleadership/simplified-ghg-emissions-calculator Page 267 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 39 If the area will include or adjoin major noise sources, a noise analysis is needed to determine if any noise levels in excess of standards would occur, and if so, to identify appropriate mitigation measures. With respect to traffic-generated noise, the noise analysis should be based on the traffic analysis of Item 18. Existing Noise The AUAR study area is currently agricultural land. The existing noise sources at the site consist mainly of the surrounding roadways. Construction Noise As stated in the AUAR guidelines, construction noise need not be addressed unless there is some unusual reason to do so. No unusual circumstances have been identified that would necessitate a detailed construction noise analysis. The City of Farmington municipal code regulates the hours of operation for construction equipment. Construction of the proposed project would comply with these requirements. Traffic Generated Noise A sound increase of 3 dBA is barely noticeable by the human ear, a 5 dBA increase is clearly noticeable, and a 10 dBA increase is heard as twice as loud. For example, if the sound energy is doubled (i.e., the amount of traffic doubles), there is a 3 dBA increase in noise, which is just barely noticeable to most people. On the other hand, if traffic increases by a factor of 10, the resulting sound level will increase by about 10 dBA and be heard as twice as loud. Traffic volumes in the project area are either on roadways that do not have receivers that are sensitive to noise, or the traffic levels attributable to the project are well below the amount that would generate a sound increase that could be noticeable. The change in traffic noise levels is not anticipated to be readily perceptible. Operational Noise The Farmington Code of Ordinances regulates mechanical noise associated with building operation by the standards set by the MPCA.8 All future development will be required to comply with these requirements. The AUAR will include a discussion of operational noise and identify potential operational noise mitigation measures. 20. TRANSPORTATION Describe traffic-related aspects of project construction and operation. Include 1) existing and proposed additional parking spaces; 2) estimated total average daily traffic generated; 3) estimated maximum peak hour traffic generated and time of occurrence; 4) source of trip generation rates used in the estimates; and 5) availability of transit and/or other alternative transportation modes. 8 Source: City Code of Farmington, MN accessed at https://codelibrary.amlegal.com/codes/farmingtonmn/latest/farmington_mn/0-0-0-1 Page 268 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 40 The information listed above will be provided in the traffic and transportation analysis that will be included in the AUAR. Coordination will occur with the City of Farmington and Dakota County to determine analysis scenarios and trip generation for the traffic study. The trip generation will be calculated based on the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation, 11th Edition. Transit Currently, there are no convenient alternative transportation routes serving the study area. It is not anticipated that there will be significant change in transit usage. Bike and Pedestrian Infrastructure There is currently no dedicated bike or pedestrian infrastructure serving the study area. Future City and County Bike and Pedestrian Plans will be reviewed as part of the AUAR. Discuss the effect on traffic congestion on affected roads and describe any traffic improvements necessary. The analysis must discuss the project’s impact on the regional transportation system. If the peak hour traffic generated exceeds 250 vehicles or the total daily trips exceeds 2,500, a traffic impact study must be prepared as part of the EAW. Use the format and procedures described in the Minnesota Department of Transportation’s Access Management Manual, Chapter 5 (available at: http://www.dot.state.mn.us/accessmanagement/resources.html) or a similar local guidance. AUAR Guidance: For AUAR reviews, a detailed traffic analysis will be needed, conforming to the MnDOT guidance as listed on the EAW form. The results of the traffic analysis must be used in the response to Items 16 and 17. A traffic impact study will be completed as part of the AUAR because the trip generation is anticipated to exceed the 250-trip peak hour vehicle threshold. The traffic impact study will be summarized in the AUAR, including information on estimated traffic generation, traffic impacts, relevant information from relevant transportation plans and traffic studies, and potential improvements and mitigation measures. The analysis will be completed for existing conditions as well as future no-build and build conditions for the opening year of the development and the 20 year forecasted condition. The AUAR will include intersection capacity analyses for intersections adjacent to the AUAR study area and will include the review of intersection operations at site access points. The following intersections will be included in the analysis and are shown in Figure 12: • County 50 & Pilot Knob Road • Pilot Knob Road & 208th Street W • County 50 & Flagstaff Avenue • County 50 & Fairgreen Avenue • County 50 & Cedar Avenue • County 50 & Eaton Avenue Page 269 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 41 • County 50 & Denmark Avenue • County Road 64 & Flagstaff Avenue Identify measures that will be taken to minimize or mitigate project related transportation effects. The AUAR will address any mitigation measures identified through the traffic analysis. Page 270 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 42 Figure 12: Traffic Study Intersections Pa g e 2 7 1 o f 2 9 4 Farmington West Industrial AUAR – Scoping Document May 2024 43 21. CUMULATIVE POTENTIAL EFFECTS AUAR Guidance: Because the AUAR process by its nature is intended to deal with cumulative potential effects from all future developments within the AUAR area, it is presumed that the responses to all items on the EAW form automatically encompass the impacts from all anticipated developments within the AUAR area. However, the total impact on the environment with respect to any of the items on the EAW form may also be influenced by past, present, and reasonably foreseeable future projects outside of the AUAR area. The cumulative potential effect descriptions may be provided as part of the responses to other appropriate EAW items, or in response to this item. Describe the geographic scales and timeframes of the project related environmental effects that could combine with other environmental effects resulting in cumulative potential effects. Cumulative effects are defined as the “effect on the environment that results from the incremental effects of a project in addition to other projects in the environmentally relevant area that might reasonably be expected to affect the same environmental resources, including future projects actually planned or for which a basis of expectation has been laid, regardless of what person undertakes the other projects or what jurisdictions have authority over the projects.”9 The geographic areas considered for cumulative effects are those areas adjacent to the AUAR study area, and the timeframe considered includes projects that would be constructed in the reasonably foreseeable future. Describe any reasonably foreseeable future projects (for which a basis of expectation has been laid) that may interact with environmental effects of the proposed project within the geographic scales and timeframes identified above. The AUAR will identify any additional reasonably foreseeable projects that may interact with the environmental effects of either development scenario. Discuss the nature of the cumulative potential effects and summarize any other available information relevant to determining whether there is potential for significant environmental effects due to these cumulative effects. The AUAR will include a discussion of potential cumulative effects associated with nearby ongoing or planned projects. 9 Minnesota Rules, part 4410.0200, subpart 11a Page 272 of 294 Farmington West Industrial AUAR – Scoping Document May 2024 44 22. OTHER POTENTIAL ENVIRONMENTAL EFFECTS AUAR Guidance: If the project may cause any additional environmental effects not addressed by Items 1 to 19, describe the effects here, discuss the how the environment will be affected, and identify measures that will be taken to minimize and mitigate these effects. Additional Environmental Effects Any other potential environmental effects will be addressed in the AUAR. Page 273 of 294 ATTACHMENT B Page 274 of 294 May 13, 2024 Tony Wippler, Planning Manager City of Farmington 430 Third Street Farmington, MN 55024 twippler@farmingtonmn.gov RE: Farmington West Industrial – Alternative Urban Areawide Review Dear: Tony Wippler Thank you for the opportunity to review and comment on the Alternative Urban Areawide Review (AUAR) for the Farmington West Industrial project (Project) located in Farmington, Dakota County, Minnesota. The Project consists of the AUAR encompassing an area totaling approximately 329 acres on six parcels in the City of Farmington, Dakota County, Minnesota. Project Bengal, LLC is proposing to develop the study area from existing farmland to a technology park or industrial uses. Regarding matters for which the Minnesota Pollution Control Agency (MPCA) has regulatory responsibility and other interests, the MPCA staff has the following comments for your consideration. Asbestos/Demolition • Please note that any demolition activities must comply with state and federal regulations that require inspection of the structure for hazardous materials such as asbestos, lead based paint, light ballasts, thermostats, stored chemicals, ozone depleting chemicals, etc. Regulated asbestos-containing materials (RACM) must be abated prior to demolition activities. A “Notification of Asbestos Related Work” must be submitted to the Minnesota Department of Health by a licensed asbestos inspector 10 working days prior to conducting abatement activities, if abatement of 160 square feet, 260 linear feet, or 35 cubic feet of RACM is required. A “Notification of Intent to Perform a Demolition” must be submitted to the MPCA 10 working days prior to the start of demolition. Flaking lead-based paint present on the structure must be encapsulated or removed and properly disposed of off-site at the appropriate disposal facility prior to demolition activities. Any lead-based paint chips present on the ground following demolition must be removed and properly disposed of off-site at the appropriate disposal facility. A fact sheet regarding lead paint disposal is available on the MPCA website at: http://www.pca.state.mn.us/index.php/view-document.html?gid=9049. The project proposer should also consider recycling as much of the structure materials as possible to reduce the volume of material disposed of in the landfill. If you have any questions regarding demolition issues or asbestos and lead paint abatement, please contact Colin Boysen at 507-206-2644 or Colin.Boysen@state.mn.us. Watershed • The draft states that they will discuss in AUAR more of the climate impacts – so there are not any comments until that is complete. Page 275 of 294 Tony Wippler Page 2 May 13, 2024 •The section on water resources will need to have more details. There are several impaired waters within the 1-mile boundary, so those should be included and considered in the plan. More information can be found at: Minnesota’s impaired waters list | Minnesota Pollution Control Agency (state.mn.us) We appreciate the opportunity to review this Project. Please be aware that this letter does not constitute approval by the MPCA of any or all elements of the Project for the purpose of pending or future permit actions by the MPCA. Ultimately, it is the responsibility of the Project proposer to secure any required permits and to comply with any requisite permit conditions. If you have any questions concerning our review of this AUAR, please contact me by email at Chris.Green@state.mn.us or by telephone at 507-476-4258. Sincerely, Chris Green This document has been electronically signed. Chris Green Project Manager Environmental Review Unit Resource Management and Assistance Division CG:rs cc: Dan Card, MPCA Miranda Nichols, MPCA Aaron Hinz, MPCA Joe Braun, MPCA Colin Boysen, MPCA Deepa deAlwis, MPCA David Sahli, MPCA Julie Henderson, MPCA Innocent Eyoh, MPCA Megan Kuhl-Stennes, MPCA Page 276 of 294 1 Division of Ecological and Water Resources Transmitted by Email Region 3 Headquarters 1200 Warner Road Saint Paul, MN 55106 May 16, 2024 Tony Wippler Planning Manager City of Farmington 430 Third Street Farmington, MN 55024 Dear Tony Wippler, Thank you for the opportunity to review the Farmington West Industrial Alternative Urban Areawide Review (AUAR) Scoping Document for the project area located in Dakota County. The DNR respectfully submits the following comments for your consideration: 1. Page 8, Table 2. Climate Considerations and Adaptations. As energy needs and renewable energy goals put further pressure on agricultural lands, some communities have started to tap into industrial facilities in order to combine development with energy production through the use of rooftop solar. Installing solar panels on industrial facilities has the added benefit of producing energy right where it is needed without any additional facility footprint. We encourage the City as well as local energy providers to explore the feasibility of combining these land uses to help meet state climate goals as the City plans for the future. 2. Page 12, Land Use. Part of the project area is mapped as Rosemount Outwash with Excellent to Good Quality potential for sand and gravel mining. Has previous mining completely removed this source of aggregate, or is there still the potential for mining in the project area? If so, we encourage the utilization of these aggregate resources prior to development. 3. Page 29, Stormwater. We recommend that BWSR-approved, weed-free, native state seed mixes and native plants be used to the greatest degree possible in development landscaping and stormwater features in order to provide pollinator habitat. Native plants also require less soil amendments and irrigation. 4. Page 29, Stormwater. Given the proximity to the Vermillion River, a designated trout stream, stormwater BMP’s will be important in order to protect the trout stream from increases in water temperature and turbidity. 5. Page 30, Water Appropriation. Technology centers can require high volume water use. The AUAR should discuss the potential for water reuse and recycling at project facilities. Page 277 of 294 2 6. Page 30, Water Appropriation. A DNR Water Appropriation Permit is required if the water pumped exceeds 10,000 gallons in a day, or one million gallons in one year. The DNR General Permit for Temporary Appropriation, with its lower permit application fee and reduced time for review, may be used for the dewatering if the dewatering volume is less than 50 million gallons and the time of the appropriation is less than one year. The project area is within the Vermillion River Watershed and within the vicinity of designated trout streams, which are protected by the DNR. Additional regulation and review may be required when permitting within five miles of a designated trout stream. 7. Page 32, Rare Features. The habitat description in this section should include the woods, grassland, and wetlands within the project area that provide valuable habitat to local wildlife. The significant increase in impervious surfaces will dramatically change the landscape vegetation, hydrology, and use by local wildlife. The AUAR should elaborate on these impacts and ways to mitigate these effects within the project area. 8. Page 35, Visual. The AUAR should discuss project lighting, and any affect it could have on migratory birds, given the proximity to a major river corridor and the Twin Cities Important Bird Area. Thank you again for the opportunity to review this document. Please let me know if you have any questions. Sincerely, Melissa Collins Regional Environmental Assessment Ecologist | Ecological and Water Resources Minnesota Department of Natural Resources Phone: 651-259-5755 Email: melissa.collins@state.mn.us CC: Lisa Workman, Project Bengal, LLC Equal Opportunity Employer Page 278 of 294 Metropolitan Council (Regional Office & Environmental Services) 390 Robert Street North, Saint Paul, MN 55101-1805 P 651.602.1000 | F 651.602.1550 | TTY 651.291.0904 metrocouncil.org An Equal Opportunity Employer May 15, 2024 Tony Wippler, Planning Manager City of Farmington 430 Third Street Farmington, MN 55024 RE: City of Farmington – Alternative Urban Areawide Review Draft (AUAR) – Farmington West Industrial Metropolitan Council Review File No. 22968-1 Metropolitan Council District No. 16 Dear Tony Wippler: Metropolitan Council staff completed its review of the Farmington West Draft AUAR to determine its accuracy and completeness in addressing regional concerns. Staff concludes that the AUAR is complete and accurate with respect to regional concerns and does not raise major issues of consistency with Council policies. However, staff offers the following comments for your consideration: Item 10 a. i. Land Use (Todd Graham, 651-602-1322) The AUAR site is in the rural west side of Farmington and is part of Transportation Analysis Zone #644. Metropolitan Council’s Transportation Analysis Zones database lists zone #644 adding +320 jobs during 2020-2040. Should either of the two AUAR scenarios be pursued, the TAZ allocation for employment will need to be revised higher. Expected employment is not stated in the scoping AUAR; Council staff find the employment impact could be in the 1,000 to 2,000 jobs range, depending on the specific use case, and assuming full absorption of 3 million square feet of space. Please feel free to contact Council Research if you wish to discuss further. Item 10 a. ii. Land Use (Patrick Boylan, 651-602-1438) The 2040 Plan guides the site as Industrial and Mixed-Use (Commercial/industrial) for the site. However, the northern portion of this AUAR is currently outside of the Metropolitan Urban Service Area (MUSA). Before approval of a sanitary sewer extension, the City will need amend the Plan to change the staging from outside the MUSA to within the current 2030 MUSA. Item 12. Water Resources Effects on Infrastructure (Roger Janzig, roger.janzig@metc.state.mn.us) Metropolitan Council Interceptor (8007) is within Flagstaff Avenue right-of way, west of this proposed project. The interceptor was built in 2008 and is a 27-inch PVC Pipe. To assess the potential impacts to our interceptor system; prior to initiating this project, preliminary plans (including the method and means of providing wastewater service through the local wastewater system) should be sent to Tim Wedin, Interceptor Engineering Assistant Manager (651-602-4571) at the Metropolitan Council Environmental Services. Item 20 c. Traffic Mitigation (Joe Widing, 651-602-1822) The proposed development scenarios include either 3 million square feet of technology park or industrial uses. Please include anticipated freight traffic generation and any needed mitigation Page 279 of 294 Page - 2 | May 15, 2024 | METROPOLITAN COUNCIL measures connected to this in the traffic study. The proposed development is located within a Regional Bicycle Transportation Network (RBTN) Tier 2 Search Corridor. Consider this regional system, in addition to local plans, for pedestrian and bicycle connections. The Council will not take formal action on the AUAR. If you have any questions or need further information, please contact Patrick Boylan, Principal Reviewer, at 651-602-1438 or via email at Patrick.Boylan@metc.state.mn.us. Sincerely, Angela R. Torres, AICP, Senior Manager Local Planning Assistance CC: Tod Sherman, Development Reviews Coordinator, MnDOT - Metro Division Wendy Wulff, Metropolitan Council District No. 16 Judy Sventek, Water Resources Manager Patrick Boylan, Sector Representative/ Principal Reviewer Reviews Coordinator N:\CommDev\LPA\Communities\Farmington\Letters\Farmington 2024 Farmington West Industrial Draft AUAR 22968-1.docx Page 280 of 294 Physical Development Division P 952‐891‐7000 F 952‐891‐7031 W www.dakotacounty.us A Dakota County Western Service Center • 14955 Galaxie Ave. • Apple Valley • MN 55124 May 10, 2024 Tony Wippler City of Farmington 430 Third Street Farmington, MN‐55024 Thank you for the opportunity to review and comment on the April 2024 Scoping Document for the Farmington West Industrial Alternative Urban Areawide Review (AUAR). Physical Development and the Vermillion River Watershed Joint Powers Organization (VRWJPO) staff has reviewed this scoping document and have the following comments. Environmental Resources The Dakota County Environmental Resources Department reviewed previous environmental audits, historic plat maps, sanborns, historic aerial photography, well construction records, well sealing records and/or well disclosure statements that Dakota County has available for taxpins 140260051030, 140260085011, 140260085012, 140260090010, 140350025011, and 146319000010. There are three areas of longstanding habitation evident beginning with the 1916 plat map (see 1916 plat map below with those areas circled in red). There are five wells that were correctly identified in the draft AUAR as well as a couple that may be improperly buried and should found and also sealed. Taxpin 140350025011 has had habitation since at least 1916 but only has a single well record for a well that was drilled in 1994 (Unique Well # 540204). The presence of a farmstead here since 1916 is strong evidence that there is likely an additional well, the status of which is unknown, at this property somewhere on or near the nursery. Taxpin 140260085012 has had habitation since 1916, and has a single well record (Unique Well # W05400) that was disclosed to the Department of Health in 2012. This well predates the well code, but it is unclear by how many years. It is possible there is an older buried well at this site based on the length of habitation. Taxpin 140260085011 has also had habitation since 1916 and has an older sealed well (Unique Well # H304659) and an active in‐use domestic water supply well (Unique Well # W05399). Taxpin 140260051030 has an active irrigation well (Unique Well # 768804). If redevelopment is planned, crews should be noƟfied of the presence of wells and they should be protected from damage and contaminaƟon if encountered, both of which may increase sealing costs. If any addiƟonal wells are discovered during redevelopment, they should be examined by a licensed well contractor or a Dakota County well inspector to determine the status. A magnetometer is the best, someƟmes only way to locate wells that are below grade. Dakota County staff can help locate and mark wells using a magnetometer by calling 952‐891‐7537. Magnetometers work best on a clear site free from large metal obstrucƟons. A Dakota County well inspector must be present during any well searches to rule Page 281 of 294 Physical Development Division P 952‐891‐7000 F 952‐891‐7031 W www.dakotacounty.us A Dakota County Western Service Center • 14955 Galaxie Ave. • Apple Valley • MN 55124 out the presence of a possible well menƟoned above. The current best reference for geologic information at this site was published in 2023; C‐57, Geologic Atlas of Dakota County, Minnesota. Information about property transfer requirements as they pertain to wells is on our webpage at https://www.co.dakota.mn.us/HomeProperty/SellingProperty/WellRequirements The Vermillion River Watershed Joint Powers Organization (VRWJPO) VRWJO staff appreciates the opportunity to review and comment on the April 2024 Scoping Document from Kimley‐ Horn for the Farmington West Industrial Alternative Urban Areawide Review (AUAR) and their comments are attached to this letter. Page 282 of 294 Physical Development Division P 952‐891‐7000 F 952‐891‐7031 W www.dakotacounty.us A Dakota County Western Service Center • 14955 Galaxie Ave. • Apple Valley • MN 55124 Transportation Please include the intersection of County Road 64 & Flagstaff Avenue (south junction) in the analysis. (Transportation staff previously identified this requirement to Kimley Horn in March 2024) The intersection of CSAH 31 & CSAH 50 (west junction) is currently a three‐leg intersection. A development driven project to add a fourth leg to the intersection is in progress. The consultant should with work with the city regarding when the fourth leg construction is anticipated to be completed so that correct intersection geometry is used in each AUAR traffic analysis scenario (i.e. existing, future no‐build, build opening year, 20 year forecast). Suggested access points along CSAH 31 and CSAH 50 shall be based upon traffic needs and consistent with Dakota County Access Management Spacing and Configuration Guidelines The 20‐year Analysis Scenario shall incorporate the applicable components of Dakota County Travel Demand Model Report (2040 Forecasts county roads and the associated assumed roadway networks). The DC TDM report can be found at: https://www.co.dakota.mn.us/Transportation/PlanningPrograms/Pages/default.aspx As part of the analysis, please include critical movement Level of Service (LOS) along with overall intersection LOS. The in‐place location of the transmission line/poles should be considered in any mitigation measures identified along CSAH 50 in the AUAR. If you have any questions relating to our comments, please contact me at 952‐891‐7007 or Georg.Fischer@co.dakota.mn.us Sincerely, Georg T Fischer, Director Physical Development Division cc: Commissioner Mike Slavik, District 1 Matt Smith, County Manager Page 283 of 294 Vermillion River Watershed Joint Powers Organization 4100 220th Street West, Suite 103, Farmington, Minnesota 55024 | 952.891.7000 | Fax 952.891.7588 May 6, 2024 Mr. Tony Wippler Planning Manager, City of Farmington 430 Third Street Farmington, MN 55024 RE: Draft Order for the Farmington West Industrial AUAR Scoping Document The Vermillion River Watershed Joint Powers Organization (VRWJPO) appreciates the opportunity to review and comment on the April 2024 Scoping Document from Kimley-Horn for the Farmington West Industrial Alternative Urban Areawide Review (AUAR). Staff has reviewed this scoping document and have the following comments: 1) Page 10, Figure 5: Their appears to be a pocket of wetlands shown on NWI 2011 mapping at the east end of 210th Street W in the woodlands area. The Cover Type shading should be revised to accurately reflect this pocket of wetlands unless the City has wetland delineation information to confirm these are not wetlands 2) Page 11, Table 3: for the VRWJPO Type of Application, please revise text to read “ Review of Diversions, Intercommunity flows (upon request from adjoining communities), project site size of 40 acres or more, and projects that are adjacent to or appear to impact watercourses or unique natural resources”. 3) Page 14, VRWJPO Note: The stream that flows through the property going west to east is designated as a Water Quality Corridor and should be designated/noted as such. Please update the sentence. 4) Page 23: Section 12.a: Language should be added that identifies adjacent stream 07040001-668 as an impaired water shown on the MPCA 303d Impaired Waters mapping tool. 5) Page 24: Please remove note about the City of Farmington adopting the VRWJPO’s Standards into their regulations. The City was issued an MPCA MS-4 permit on 10/20/21 and they have their own Ordinances and Standards that apply to Water Resources. 6) Page 25: NWI from 2011 (wetlands) appear to be missing in Figure 10 (see comment #1). What does “NHD Flowline” indicate in the legend? A stream? (see comment #3)? 7) Informational Only: Given the history of flooding problems the City of Farmington staff has expressed as they relate to properties in the industrial park immediately to the east, the City should consider providing resources to oversize the stormwater management devices to provide more storage to attenuate larger (higher storm frequency) discharge rates. The VRWJPO may provide resources/incentives that could be used to offset costs if stormwater facilities are oversized to provide more volume reduction and WQ enhancements which exceed City standards. Page 284 of 294 Vermillion River Watershed Joint Powers Organization 2 Thank you for the opportunity to review and comment on the Farmington West Industrial Development Alternative AUAR Scoping Document. Sincerely, Jeff Dunn Travis Thiel VRWJPO Water Resources Engineer VRWJPO Administrator Page 285 of 294 ATTACHMENT C Page 286 of 294 1 OVERVIEW Pursuant to Minnesota Rules, part 4410.3610, subpart 5a(C), the purpose of the comments on a Scoping Document for an Alternative Urban Areawide Review (AUAR) is to suggest additional development scenarios and relevant issues to be analyzed in the review. Comments may suggest alternatives to the specific large project or projects proposed to be included in the review, including development at sites outside of the proposed geographic boundary. The comments must provide reasons why a suggested development scenario or alternative to a specific project is potentially environmentally superior to those identified in the Responsible Governmental Unit’s (RGU’s) draft order. The 30-day Scoping Environmental Assessment Worksheet (EAW) comment period began April 16, 2024, and comments were accepted through May 16, 2024. During the public comment period, comments were received from five government agencies. Responses to comments on the Scoping Document are included below. Copies of the comment letters are included in Attachment B. Pa g e 2 8 7 o f 2 9 4 2 AGENCY COMMENTS Comment Response 1. Minnesota Pollution Control Agency Asbestos/Demolition. Please note that any demolition activities must comply with state and federal regulations that require inspection of the structure for hazardous materials such as asbestos, lead based paint, light ballasts, thermostats, stored chemicals, ozone depleting chemicals, etc. Regulated asbestos-containing materials (RACM) must be abated prior to demolition activities. A “Notification of Asbestos Related Work” must be submitted to the Minnesota Department of Health by a licensed asbestos inspector 10 working days prior to conducting abatement activities, if abatement of 160 square feet, 260 linear feet, or 35 cubic feet of RACM is required. A “Notification of Intent to Perform a Demolition” must be submitted to the MPCA 10 working days prior to the start of demolition. Flaking lead-based paint present on the structure must be encapsulated or removed and properly disposed of off-site at the appropriate disposal facility prior to demolition activities. Any lead-based paint chips present on the ground following demolition must be removed and properly disposed of off-site at the appropriate disposal facility. A fact sheet regarding lead paint disposal is available on the MPCA website at: http://www.pca.state.mn.us/index.php/view- document.html?gid=9049. The project proposer should also consider recycling as much of the structure materials as possible to reduce the volume of material disposed of in the landfill. If you have any questions regarding demolition issues or asbestos and lead paint abatement, please contact Colin Boysen at 507-206-2644 or Colin.Boysen@state.mn.us. Comment noted, project demolition will follow all applicable MPCA regulations. Watershed. The draft states that they will discuss in AUAR more of the climate impacts – so there are not any comments until that is complete. The section on water resources will need to have more details. There are several impaired waters within the 1-mile boundary, so those should be included and considered in the plan. More information can be found at: Minnesota’s impaired waters list | Minnesota Pollution Control Agency (state.mn.us) Comment noted. A description of impaired waters is added to the Scoping Document and will be incorporated into the AUAR. Thank you for your review. Pa g e 2 8 8 o f 2 9 4 3 Comment Response 2. Minnesota Department of Natural Resources Page 8, Table 2. Climate Considerations and Adaptations. As energy needs and renewable energy goals put further pressure on agricultural lands, some communities have started to tap into industrial facilities in order to combine development with energy production through the use of rooftop solar. Installing solar panels on industrial facilities has the added benefit of producing energy right where it is needed without any additional facility footprint. We encourage the City as well as local energy providers to explore the feasibility of combining these land uses to help meet state climate goals as the City plans for the future. Comment noted. The project proposer may consider rooftop solar as building design advances, if feasible . Page 12, Land Use. Part of the project area is mapped as Rosemount Outwash with Excellent to Good Quality potential for sand and gravel mining. Has previous mining completely removed this source of aggregate, or is there still the potential for mining in the project area? If so, we encourage the utilization of these aggregate resources prior to development. Comment noted. Page 29, Stormwater. We recommend that BWSR-approved, weed-free, native state seed mixes and native plants be used to the greatest degree possible in development landscaping and stormwater features in order to provide pollinator habitat. Native plants also require less soil amendments and irrigation Comment noted. This will be incorporated into the AUAR. Page 29, Storm Water. Given the proximity to the Vermillion River, a designated trout stream, stormwater BMP’s will be important in order to protect the trout stream from increases in water temperature and turbidity. Comment noted. Stormwater BMPs will be incorporated into the site design and noted in the AUAR. Page 30, Water Appropriation. DNR Water Appropriation Permit is required if the water pumped exceeds 10,000 gallons in a day, or one million gallons in one year. The DNR General Permit for Temporary Appropriation, with its lower permit application fee and reduced time for review, may be used for the dewatering if the dewatering volume is less than 50 million gallons and the time of the appropriation is less than one year. The project area is within the Vermillion River Watershed and within the vicinity of designated trout streams, which are protected by the DNR. Additional regulation and review may be required when permitting within five miles of a designated trout stream. Comment noted. These permits are included in the permit table and will be applied for by the developer if applicable. Pa g e 2 8 9 o f 2 9 4 4 Comment Response Page 32, Rare Features. The habitat description in this section should include the woods, grassland, and wetlands within the project area that provide valuable habitat to local wildlife. The significant increase in impervious surfaces will dramatically change the landscape vegetation, hydrology, and use by local wildlife. The AUAR should elaborate on these impacts and ways to mitigate these effects within the project area. Comment noted. This will be incorporated into the AUAR. Page 35, Visual. The AUAR should discuss project lighting, and any affect it could have on migratory birds, given the proximity to a major river corridor and the Twin Cities Important Bird Area. Comment noted. This will be incorporated into the AUAR. 3. Metropolitan Council Item 10 a. i. Land Use. The AUAR site is in the rural west side of Farmington and is part of Transportation Analysis Zone #644. Metropolitan Council’s Transportation Analysis Zones database lists zone #644 adding +320 jobs during 2020-2040. Should either of the two AUAR scenarios be pursued, the TAZ allocation for employment will need to be revised higher. Expected employment is not stated in the scoping AUAR; Council staff find the employment impact could be in the 1,000 to 2,000 jobs range, depending on the specific use case, and assuming full absorption of 3 million square feet of space. Please feel free to contact Council Research if you wish to discuss further. Comment noted. This will be incorporated into the AUAR and the City will coordinate with the Metropolitan Council to increase the TAZ allocations, if needed. Item 10 a. ii. Land Use. The 2040 Plan guides the site as Industrial and Mixed-Use (Commercial/industrial) for the site. However, the northern portion of this AUAR is currently outside of the Metropolitan Urban Service Area (MUSA). Before approval of a sanitary sewer extension, the City will need amend the Plan to change the staging from outside the MUSA to within the current 2030 MUSA. Comment noted. This will be incorporated into the AUAR and the City will amend the MUSA Plan, if needed. Item 12. Water Resource Effects on Infrastructure. Metropolitan Council Interceptor (8007) is within Flagstaff Avenue right-of way, west of this proposed project. The interceptor was built in 2008 and is a 27-inch PVC Pipe. To assess the potential impacts to our interceptor system; prior to initiating this project, preliminary plans (including the method and means of providing wastewater service through the local wastewater system) should be sent to Tim Wedin, Interceptor Engineering Assistant Manager (651-602-4571) at the Metropolitan Council Environmental Services. Comment noted. The project proposer will coordinate with MCES staff if plans connect to that interceptor. Pa g e 2 9 0 o f 2 9 4 5 Comment Response Item 20 c. Traffic Mitigation. The proposed development scenarios include either 3 million square feet of technology park or industrial uses. Please include anticipated freight traffic generation and any needed mitigation measures connected to this in the traffic study. The proposed development is located within a Regional Bicycle Transportation Network (RBTN) Tier 2 Search Corridor. Consider this regional system, in addition to local plans, for pedestrian and bicycle connections. Comment noted. This will be incorporated into the AUAR. 4. Dakota County Wells. Taxpin 140350025011 has had habitation since at least 1916 but only has a single well record for a well that was drilled in 1994 (Unique Well # 540204). The presence of a farmstead here since 1916 is strong evidence that there is likely an additional well, the status of which is unknown, at this property somewhere on or near the nursery. Comment noted. This will be incorporated into the AUAR. Wells. Taxpin 140260085012 has had habitation since 1916, and has a single well record (Unique Well # W05400) that was disclosed to the Department of Health in 2012. This well predates the well code, but it is unclear by how many years. It is possible there is an older buried well at this site based on the length of habitation. Comment noted. This will be incorporated into the AUAR. Wells. Taxpin 140260085011 has also had habitation since 1916 and has an older sealed well (Unique Well # H304659) and an active in-use domestic water supply well (Unique Well # W05399). Comment noted. This will be incorporated into the AUAR. Wells. Taxpin 140260051030 has an active irrigation well (Unique Well # 768804). Comment noted. This will be incorporated into the AUAR. Pa g e 2 9 1 o f 2 9 4 6 Comment Response Wells. If redevelopment is planned, crews should be notified of the presence of wells and they should be protected from damage and contamination if encountered, both of which may increase sealing costs. If any additional wells are discovered during redevelopment, they should be examined by a licensed well contractor or a Dakota County well inspector to determine the status. A magnetometer is the best, sometimes only way to locate wells that are below grade. Dakota County staff can help locate and mark wells using a magnetometer by calling 952-891-7537. Magnetometers work best on a clear site free from large metal obstructions. A Dakota County well inspector must be present during any well searches to rule out the presence of a possible well mentioned above. The current best reference for geologic information at this site was published in 2023; C-57, Geologic Atlas of Dakota County, Minnesota. Information about property transfer requirements as they pertain to wells is on our webpage at https://www.co.dakota.mn.us/HomeProperty/SellingProperty/WellRequirements Comment noted. This will be incorporated into the AUAR. Transportation. Please include the intersection of County Road 64 & Flagstaff Avenue (south junction) in the analysis. (Transportation staff previously identified this requirement to Kimley Horn in March 2024) Comment noted. This will be incorporated into the AUAR. Transportation. The intersection of CSAH 31 & CSAH 50 (west junction) is currently a three-leg intersection. A development driven project to add a fourth leg to the intersection is in progress. The consultant should with work with the city regarding when the fourth leg construction is anticipated to be completed so that correct intersection geometry is used in each AUAR traffic analysis scenario (i.e. existing, future no-build, build opening year, 20 year forecast). Comment noted. This will be incorporated into the AUAR. Transportation. Suggested access points along CSAH 31 and CSAH 50 shall be based upon traffic needs and consistent with Dakota County Access Management Spacing and Configuration Guidelines Comment noted. This will be incorporated into the AUAR. Transportation. The 20-year Analysis Scenario shall incorporate the applicable components of Dakota County Travel Demand Model Report (2040 Forecasts county roads and the associated assumed roadway networks). The DC TDM report can be found at: https://www.co.dakota.mn.us/Transportation/PlanningPrograms/Pages/default.aspx Comment noted. This will be incorporated into the AUAR. Transportation. As part of the analysis, please include critical movement Level of Service (LOS) along with overall intersection LOS Comment noted. This will be incorporated into the AUAR. Pa g e 2 9 2 o f 2 9 4 7 Comment Response Transportation. The in-place location of the transmission line/poles should be considered in any mitigation measures identified along CSAH 50 in the AUAR. Comment noted. This will be incorporated into the AUAR. 5. Vermillion River Watershed Joint Powers Organization Page 10, Figure 5. Their appears to be a pocket of wetlands shown on NWI 2011 mapping at the east end of 210th Street W in the woodlands area. The Cover Type shading should be revised to accurately reflect this pocket of wetlands unless the City has wetland delineation information to confirm these are not wetlands. Comment noted. This will be updated in the AUAR. Page 11, Table 3. for the VRWJPO Type of Application, please revise text to read “ Review of Diversions, Intercommunity flows (upon request from adjoining communities), project site size of 40 acres or more, and projects that are adjacent to or appear to impact watercourses or unique natural resources”. Comment noted. This is updated in the Scoping Document and will be incorporated into the AUAR. Page 14, VRWJPO Note. The stream that flows through the property going west to east is designated as a Water Quality Corridor and should be designated/noted as such. Please update the sentence. Comment noted. This is updated in the Scoping Document and will be incorporated into the AUAR. Page 23: Section 12.a. Language should be added that identifies adjacent stream 07040001- 668 as an impaired water shown on the MPCA 303d Impaired Waters mapping tool. Comment noted. This is updated in the Scoping Document and will be incorporated into the AUAR. Page 24. Please remove note about the City of Farmington adopting the VRWJPO’s Standards into their regulations. The City was issued an MPCA MS-4 permit on 10/20/21 and they have their own Ordinances and Standards that apply to Water Resources. Comment noted. This is updated in the Scoping Document and will be incorporated into the AUAR. Page 25. NWI from 2011 (wetlands) appear to be missing in Figure 10 (see comment #1). What does “NHD Flowline” indicate in the legend? A stream? (see comment #3)? Comment noted. A wetland delineation will be completed for the study area to confirm water resources and this will be incorporated into the AUAR. Pa g e 2 9 3 o f 2 9 4 8 Comment Response Informational Only: Given the history of flooding problems the City of Farmington staff has expressed as they relate to properties in the industrial park immediately to the east, the City should consider providing resources to oversize the stormwater management devices to provide more storage to attenuate larger (higher storm frequency) discharge rates. The VRWJPO may provide resources/incentives that could be used to offset costs if stormwater facilities are oversized to provide more volume reduction and WQ enhancements which exceed City standards. Comment noted. Thank you for your review. Pa g e 2 9 4 o f 2 9 4