City Council Monday, July 6, 2026 6:30 PM Elk River City Hall Regular Meeting & Work Session Agenda ▪ Regular meeting in Council Chambers ▪ Work Session meeting in Upper Town Conference Room immediately following regular meeting 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. CONSIDER AGENDA 4. CONSENT AGENDA Considered to be routine and noncontroversial and will be approved by one motion. There will be no separate discussion of these items unless there is a request to remove the item from the consent agenda to the regular agenda. 4.1 June 22, 2026, Council Retreat Minutes 4.2 Check Register 4.3 Resolution 26-45: Final Plat of Bradford Park 3rd Addition 4.4 Resolution 26-46: Finding of Fact Denying an Ordinance Amendment, Onyx Strategic Partners 4.5 Resolution 26-42: Authorize Transfer from the Liquor Fund to the Park Improvement Fund 4.6 Resolution 26-43: Authorize Transfer from the Government Building Fund to the 2020B CIP Refunding Debt Service Fund. 4.7 FT Center 2027 Rate Schedule 4.8 Resolution 26-44: Appointing Election Judges for the 2026 Elections 4.9 Temporary On-Sale Liquor License: Saint Andrew Catholic Church 4.10 FT Center Restroom/Shower Improvements — Architect Letter of Agreement 4.11 Temporary On-Sale Liquor License: F.O.E Aerie 3264 August 2026 4.12 Temporary On-Sale Liquor License: F.O.E Aerie 3264 September 2026 4.13 Employment Termination 4.14 Economic Development Director Position Classification 4.15 Curbing Replacement on 2021 Street Improvement Project 4.16 Temporary Liquor License: Aegir Brewing Company 4.17 Annual Renewals of Aggregate Mining Licenses Page 1 of 517 4.18 IT Server Replacements 4.19 Hire Park Maintenance Worker 4.20 Change Order 1 – 2026 Parking Lot Improvements 5. OPEN FORUM An opportunity to provide comments and feedback regarding items not on the agenda. Information provided in Open Forum will not be discussed at this meeting; rather, the information will be referred to staff and/or scheduled for discussion at a future meeting. 6. PRESENTATIONS, AWARDS, AND RECOGNITION 7. PUBLIC HEARINGS An opportunity for the public to express their opinions and raise questions pertaining to the agenda item. All comments become part of the official public record. For this reason, all comments must be made at the podium so they can be heard and recorded. Comments may also be provided in writing. There will not be deliberations, discussions, or answers to questions until the hearing is closed. It is important to be courteous and allow each presenter to comment before adding additional testimony. 7.1 Easement Vacation and Final Plat: Meadowsweet Bend Second Addition, Twin City Land Development 7.2 Ordinance Amendment and Conditional Use Permit: Data Center, Michael Margulies - 19178 Industrial Blvd NW 8. GENERAL BUSINESS Items in which the information is presented by city staff or consultants, then deliberation and action occur. General Business items are not opportunities to receive or provide public input. However, the presiding officer may, at its sole discretion, solicit public feedback. 8.1 Discuss Work Session Items 9. COUNCIL LIAISON UPDATES 9.1 Council Liaison Updates 10. MOTION TO ADJOURN REGULAR MEETING 11. WORK SESSION Work Sessions are less formal meetings to encourage dialog. Official action or votes are not typically taken. At the conclusion of a discussion, a simple consensus provides staff direction for execution of the item. This portion of the agenda is audio recorded but not video recorded or broadcast. Work Sessions are open to the public; however, visitors who wish to provide input must be invited by the presiding officer, assume a seat at the discussion table and provide their full name and address for the official record. 11.1 Police Department Front Desk Remodel 11.2 Police Department Camera System Replacement 12. MOTION TO ADJOURN The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 2 of 51713. CLOSED SESSION - PID 75-00566-0110 13.1 Statement to be read by the Mayor: "The City Council will be closing the meeting pursuant to MN Statute Section 13D.05, Subdivision 3(c)(1) to consider offers or counteroffers relating to the sale of PID 75-00566-0110." 13.2 Motion Calling Closed Meeting 13.3 Hold Closed Meeting 13.4 Motion to Adjourn Closed Meeting The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 3 of 517 Request for Action To Item Number City Council 4.1 Meeting Date Prepared By July 6, 2026 Dawn Robertson, Records Specialist Item Description Reviewed by June 22, 2026, Council Retreat Minutes Cal Portner Cal Portner Justin Dunford Action Requested Background/Discussion Financial Impact Mission/Policy/Goal Explain how this meets the city's mission, current policies and/or council goals Attachments 1. June 22, 2026, Council Retreat Minutes The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 4 of 517 Meeting of the City Council Held at the Elk River Fire Station #2 Monday, June 22, 2026 Members Present: Mayor John Dietz, Councilmember Cory Grupa, Councilmember J. Brian Calva, Councilmember Mike Beyer, Councilmember Jennifer Wagner Members Absent: None Staff Present: City Administrator Cal Portner, Economic Development Director Brent O'Neil, Business Services Director/Assistant City Administrator Joe Stremcha, Public Works Director/Chief Engineer Justin Femrite, Community Development Director Zack Carlton, Police Chief David Kuhnly, City Clerk Justin Dunford, Records Specialist Dawn Robertson. 1. CALL MEETING TO ORDER Pursuant to due call and notice thereof, the meeting was called to order at 01:05 p.m. 2. CONSENT AGENDA 2.1 Review and Discuss Mission, Vision, and Goals Mr. Portner reviewed the current values, vision, mission statement, and goals. Councilmember Wagner suggested revising the Elk River Vision text to incorporate the terms 'innovative,' 'thoughtful,' and 'forward-thinking.' Mr. Portner requested Councilmember Wagner bring her ideas for a new vision statement to a future meeting. Elk River Municipal Mission Components: • Opportunity to live, work, and play • Responsibly grow • Meet changing needs - Agile • Timeless • Ethical, efficient, and responsible • Work with citizens to achieve goals • Responsible for every dollar – good stewards • Help improve resident's quality of life • Reflect the culture of citizens and what is important Page 5 of 517City Council Minutes Page 2 of 5 June 22, 2026 --------- • Together we win Elk River City Council Mission Statement Where council and staff work with citizens to develop a sustainable and prosperous community for all to live, work, and play and to appropriately govern in an ever-changing environment. Mr. Portner asked for suggestions from the Council and staff for their ideas on updating the mission statement, noting a change to live, work, and play could be a possibility. Councilmember Wagner mentioned that updates to the mission statement should be mindful of trends without being trendy, ensuring social media does not guide decisions, but that the council is listening and leading based on facts. Mr. Dunford suggested including the statement "a sustainable community where everyone feels at home and can connect with their neighbors," pointing to the shared city spaces. Mr. Femrite emphasized the need to create awareness and foster a sense of collective ownership, where the residents view public spaces as 'ours.' Councilmember Calva shared his rewritten mission statement: "An innovative and welcoming community striving for inclusive engagement and exceptional service to provide connection, restoration, and the most positive life possible." The updated mission statement will be finalized at a future meeting. Mr. Portner reviewed the goals set in 2025. Short Term: (2026-29) • Commercial Development • Budget and sinking fund for building repair o Transition PW facility bond to general levy • Draft cost participation policy for trail/street improvement projects. Suggested Items to add to Short Term Goals: • Traffic-control measures for the School Street exit during high-volume travel periods. • Industrial/Business Park property • updates to parks, including neighborhood, community, and athletics Mr. Femrite shared comments from residents about the gravel roads. The council and staff discussed researching costs to mitigate dust, pave the roads, hire or train experienced employees, and replace grading machinery. Mr. Femrite will bring cost estimates to a future meeting. Page 6 of 517City Council Minutes Page 3 of 5 June 22, 2026 --------- Mid-term: 2030 • Acquire business park land o Assist with private development as needed • Commercial development o Commercial Reserve Transition Zoning District o Hotel/Hospitality Growth • Oak Knoll/Hale's Field improvement (ISD 728) • Community-Wide Strategic Planning Implementation (downtown district) • Identify city actions required after Elk River Landfill closure (groundwater) • Gravel mining closure (transmission line placement) • Fire Station #1 replacement/improvements • Implementation of Parks Master Plan • Implementation of new Housing Study recommendations (workforce housing) Suggested Items to Add to Mid-Term Goals: • Rural MnDOT Transportation (Northstar Bus Route) • Acquisition of the park and ride property, MnDOT/Met Council • Babcock Park Improvement Long-term (2035-Beyond) • Urban Service Area expansion • Commercial/Industrial development • Trail connections • Pedestrian Trail Connection downtown over the railroad and TH10. • More retail development in western Elk River • Riverwalk from Orono Park to the City of Ramsey • Highway 10 safety and mobility improvements, 165th Ave to Jarvis St. • Trunk Highway 169 and 225th Avenue Safety Improvements • Implementation of Downtown Small Area Study recommendations • County Fairgrounds Redevelopment • CRT Zoning review/update • Wapiti Park Campground • Athletic Field Improvements • Public Works/ Engineering Mr. Femrite shared updates on recent state-level efforts and wins. He noted that the state has made positive changes to local obligations for road and infrastructure improvements. To help reduce the Page 7 of 517City Council Minutes Page 4 of 5 June 22, 2026 --------- financial impact on local governments, he has been working with the city and county engineers' associations to create better standards. He plans to share these new concepts with the council soon. Finally, he pointed out that Municipal State Aid funding is becoming tighter as more cities qualify for the program. The Council recessed at 3:02 p.m. The meeting reconvened at 3:09 p.m. Chief Kuhnly presented the 2027–2028 supervision proposal and department attrition plan. He discussed the hiring process and stated he has been deliberate in hiring Community Service Officers who intend to transition into full-time police officers. To mitigate the operational impacts of six upcoming retirements and avoid the negative effects of understaffing, he proposed hiring two officers ahead of schedule, followed by two additional officers in both 2027 and 2028. Additionally, Chief Kuhnly introduced the Officer in Charge program and outlined a multi-year staffing timeline: hiring two officers and a fifth night-shift sergeant in 2027; hiring two officers in 2028; and hiring one officer, adding a sixth sergeant, and pausing the grant-funded Traffic Safety Officer (TSO) position in 2029. Mr. Carlton presented information on future residential community growth. He stated that growth potential on the north side of the city depends on the expansion of utilities and the gravel mines. He also mentioned the need for affordable "middle housing," such as duplexes and multifamily housing. Additionally, he shared the importance of promoting economic development and supporting a strong business community to encourage community investment and tourism. Mayor Dietz asked about adding signs along the highways for businesses to let people know when to exit. It was explained that there are certain standards, rules, and policies that make the signs eligible. Mr. Carlton shared a map and images of possible business opportunities in the city, highlighting large parking lot areas such as Ashley Furniture. Mr. Femrite shared with the Council that with the amount of infrastructure the city has added with the Miske Meadows, Bradford Park, Meadowsweet Bend and Oakwater Ridge Developments, the Public Works Department will need to add staff and machinery to accommodate maintaining the addition of the streets and trails. The Council recessed at 5:16 p.m. for dinner. The meeting reconvened at 5:51 p.m. Brent O’Neil shared the Economic Development outlook and brand recruitment strategies vs. local businesses. Councilmember Wagner expressed concerns that national brand-name stores do not contribute to the community to the same extent as local small businesses. She noted that small businesses frequently provide local support, such as student sports fundraisers, team sponsorships, and active participation in the Downtown Elk River Business Association (DERBA). Councilmember Calva asked if stores such as Sam's Club or Dick's Sporting Goods would be an opportunity for Elk River. Mr. O'Neil mentioned several redevelopment opportunities like these. The challenges to recruiting those businesses are where they could be established. Mr. O'Neil shared several potential properties for large industrial buildings. He stated that the current Page 8 of 517City Council Minutes Page 5 of 5 June 22, 2026 --------- industrial build sites are limited and would like to engage outside help in locating lots and planning for what the investment would look like from the Economic Development Authority to make these properties available. Mr. Stremcha shared overall budget factors, revenue reductions, expense increase estimates, and potential revenue sources. Mr. Stremcha showed a breakdown of the Park facilities Framework Plan and the breakdown and cost of the 6 phases. Mr. Portner and Mr. Stremcha spoke about a second option for a fire station, to include a fall referendum and including athletic facility improvements to collaborate with ISD 728. The Council consensus was not in favor of adding a referendum to the upcoming election. It was believed that the local sales tax amendment would pay for the fire station, and that is no longer an option. Staff will give notice to the architect group involved in designing the fire station that the city is postponing the plan for now. Mayor Dietz suggested transferring $650,000 from the Building Reserve Fund to the 2027 General Fund Budget to offset lost revenue from the Liquor Operations Fund and LGA. Mr. Portner mentioned several notable repairs that will be needed to city buildings in the near future, which are scheduled to be funded by the Building Reserve Fund. Council directed staff to inquire regarding the availability of the Nystrom property located at 19232 Proctor Road NW, for future city use. Councilmember Wagner requested a review of City Council pay, as the rate of pay has not changed during her tenure. Due to time constraints, Mr Portner recommended moving the follow-up to the goal-setting portion of the meeting to a Work Session in July. 3. MOTION TO ADJOURN The meeting adjourned at 07:34 p.m. Minutes prepared by Dawn Robertson. ___________________ _____________________ John J. Dietz, Mayor Justin Dunford, City Clerk Page 9 of 517 Request for Action To Item Number City Council 4.2 Meeting Date Prepared By July 6, 2026 Amy Stangler, Accounting Clerk Item Description Reviewed by Check Register Lori Stich Joe Stremcha Cal Portner Justin Dunford Action Requested Approve, by motion, the check register for the period ending July 6, 2026. Background/Discussion The details for the period ending July 6, 2026, are attached to this request for action. Total for All Funds $1,654,433.80 Financial Impact N/A Mission/Policy/Goal N/A Attachments 1. 4.2 at1 Check Register 2. 4.2 at2 Check Register The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 10 of 517Page 11 of 517Page 12 of 517Page 13 of 517Page 14 of 517Page 15 of 517Page 16 of 517Page 17 of 517Page 18 of 517Page 19 of 517Page 20 of 517Page 21 of 517Page 22 of 517Page 23 of 517Page 24 of 517Page 25 of 517Page 26 of 517Page 27 of 517Page 28 of 517Page 29 of 517Page 30 of 517Page 31 of 517Page 32 of 517Page 33 of 517Page 34 of 517Page 35 of 517Page 36 of 517Page 37 of 517Page 38 of 517Page 39 of 517Page 40 of 517Page 41 of 517Page 42 of 517Page 43 of 517Page 44 of 517Page 45 of 517Page 46 of 517Page 47 of 517Page 48 of 517Page 49 of 517Page 50 of 517Page 51 of 517Page 52 of 517Page 53 of 517Page 54 of 517Page 55 of 517Page 56 of 517Page 57 of 517Page 58 of 517Page 59 of 517 Request for Action To Item Number City Council 4.3 Meeting Date Prepared By July 6, 2026 Zack Carlton, Community Development Director Item Description Reviewed by Resolution 26-45: Final Plat of Bradford Park 3rd Cal Portner Addition Justin Dunford Action Requested Adopt, by motion, resolution 26-45 approving the final plat of Bradford Park 3rd Addition, subject to the following conditions: 1. Council approval of a Development Agreement outlining the responsibilities of the developer. 2. The applicant must receive final approval of all state and federal wetland permits and applications prior to recording. 3. The Water Availability Charge shall be paid in the amount required by the city when the final plat is released for recording. 4. A Letter of Credit shall be provided to the city equal to 100% of the costs of the public improvements. 5. Upon completion of all improvements and acceptance by the city, a security or warranty in a form acceptable to the public works director shall be secured. 6. The Development Plan shall be approved by the city's Engineering Division prior to issuance of building permits. 7. Staff approval of all site, civil, and landscaping plans. 8. All mailboxes shall be clustered. 9. Park Dedication requirements must be consistent with the preliminary plat approval. 10. Any item or condition found that indicates the site is likely to yield information important to pre- history or history shall be reported to the city immediately. Further, the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. Background/Discussion The applicant, Lennar, is seeking approval of the third phase of their Bradford Park subdivision. This phase plats 73 new single-family lots, completing an internal block started with the first addition and numerous homes on the east side of the city park. The lots east of the city park will utilize the new access from County Road 40, which is still under construction. The county road access and pond crossing are included in the Second Addition. The final segment of the city trail around the central water feature will be constructed as part of the current The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 60 of 517addition. This trail, along with the improvements constructed with the second addition, will complete the loop and provide full access around the pond. Financial Impact None Mission/Policy/Goal Support the growth and development of the community. Attachments 1. Location Map 2. Final Plat 3. Civil Plans dated June 26, 2026 4. Resolution 26-45: Final Plat of Bradford Park 3rd Addition Page 61 of 517Page 62 of 517 CITY OF ELK RIVER COUNTY OF SHERBURNE INSTRUMENT OF DEDICATION SURVEYOR'S CERTIFICATE COUNTY SURVEYOR, SHERBURNE COUNTY, MINNESOTA KNOW ALL PERSONS BY THESE PRESENTS: That Millrose Properties Minnesota, LLC, a Minnesota limited liability company, owner of the I Mark A. Schwanz do hereby certify that this plat was prepared by me or under following described property: my direct supervision; that I am a duly Licensed Land Surveyor in the State of Pursuant to Sherburne County Ordinance Number 006, I hereby certify that this Minnesota; that this plat is a correct representation of the boundary survey; that plat has been checked and approved as to compliance with Chapter 505, Outlot B, Outlot C, and Outlot I, Bradford Park Second Addition, according to the recorded plat thereof, City of Elk River, Sherburne County, all mathematical data and labels are correctly designated on this plat; that all Minnesota. (Document No. 978489) monuments depicted on this plat have been or, will be correctly set within one Minnesota Statutes this _______ day of ___________________, 20_____. year; that all water boundaries and wet lands, as defined in Minnesota Statutes, AND Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. All that part of the Southwest Quarter of the Southeast Quarter; that part of the North Half of the Southwest Quarter; and that part of the ______________________________________ Northwest Quarter of the Southeast Quarter, all in Section 36, Township 33 North, Range 26 West, Sherburne County, Minnesota, described Dated this _______ day of ___________________, 20_____. Sherburne County Surveyor as follows: Commencing at the West Quarter corner of said Section 36; thence South 00 degrees 22 minutes 24 seconds East (assumed bearing) on the ___________________________________________________________ COUNTY ENGINEER, SHERBURNE COUNTY, MINNESOTA west line of said Southwest Quarter, 1335.49 feet to the southwest corner of the North Half of the Southwest Quarter of said Section 36; Mark A. Schwanz, Licensed Land Surveyor I hereby certify that this plat has been reviewed by the Office of the County thence South 89 degrees 28 minutes 17 seconds East on the south line of said North Half of the Southwest Quarter, 1468.83 feet to the point Minnesota License No. 45817 of beginning; thence North 50 degrees 06 minutes 29 seconds East, 991.35 feet; thence North 14 degrees 42 minutes 36 seconds West, Highway Engineer. Dated this _______ day of ___________________, 74.04 feet; thence North 05 degrees 51 minutes 31 seconds East, 60.19 feet; thence North 25 degrees 55 minutes 59 seconds East, 70.86 State of Minnesota 20_____. feet; thence North 47 degrees 39 minutes 33 seconds East, 70.86 feet; thence North 66 degrees 05 minutes 28 seconds East, 49.53 feet; County of ____________________ thence North 80 degrees 58 minutes 12 seconds East, 172.95 feet; thence North 46 degrees 50 minutes 25 seconds East, 384.21 feet; thence North 49 degrees 59 minutes 38 seconds East, 40.52 feet; thence North 54 degrees 22 minutes 31 seconds East, 40.52 feet; thence North 58 This instrument was acknowledged before me on _______________________, degrees 45 minutes 24 seconds East, 40.52 feet; thence North 63 degrees 08 minutes 17 seconds East, 40.52 feet; thence South 24 degrees 20_____ by Mark A. Schwanz, Licensed Land Surveyor, Minnesota License No. 40 minutes 16 seconds East, 190.00 feet; thence northeasterly 25.08 feet on a 340.00 foot radius curve, concave to the southeast, not tangent ______________________________________ to previous line, having a central angle of 04 degrees 13 minutes 38 seconds and a 25.08 foot chord that bears North 67 degrees 26 minutes 45817. Sherburne County Highway Engineer 33 seconds East; thence North 69 degrees 33 minutes 22 seconds East, 40.74 feet; thence South 20 degrees 26 minutes 38 seconds East, 94.24 feet; thence South 15 degrees 58 minutes 16 seconds East, 35.87 feet; thence North 69 degrees 33 minutes 22 seconds East, 132.57 feet; thence South 64 degrees 09 minutes 06 seconds East, 44.65 feet to a point on the west line of the East 660 feet of said Northwest __________________________________________(sign) Quarter of the Southeast Quarter; thence South 00 degrees 10 minutes 01 seconds East on said west line, 660.08 feet to a point on the south COUNTY AUDITOR/TREASURER, SHERBURNE COUNTY, MINNESOTA line of the North 936 feet of said Northwest Quarter of the Southeast Quarter; thence South 89 degrees 18 minutes 10 seconds East on said __________________________________________(print) south line, 610.07 feet to a point on the west line of said Sherburne County Right of Way Plat No. 30; thence South 00 degrees 10 minutes 01 I hereby certify taxes payable for the year 20_____ on the land herein described seconds East on said west line, 1347.63 feet; thence South 50 degrees 16 minutes 39 seconds West on said west line, 127.31 feet to a point Notary Public ___________________________ have been paid in full, and there are no delinquent taxes and transfer was on the north line of Sherburne County Right of Way Plat No. 7, according to the recorded plat thereof; thence westerly 341.18 feet on said My Commission Expires ________________ north line and on a 1161.35 foot radius curve, concave to the south, having a central angle of 16 degrees 49 minutes 56 seconds and a 339.96 entered this _______ day of ___________________, 20_____. foot chord that bears South 89 degrees 51 minutes 37 seconds West to a point on the east line of the West 825 feet of said Southwest Quarter of the Southeast Quarter; thence North 00 degrees 21 minutes 48 seconds West on said east line, 320.65 feet to a point on the north line of CITY COUNCIL, CITY OF ELK RIVER, MINNESOTA the South 600 feet of said Southwest Quarter of the Southeast Quarter; thence North 89 degrees 37 minutes 53 seconds West on said north line, 825.07 feet to a point on the west line of said Southwest Quarter of the Southeast Quarter; thence North 00 degrees 21 minutes 48 ______________________________________ seconds West on said west line, 727.71 feet to the southeast corner of the North Half of the Southwest Quarter of said Section 36; thence Approved and accepted by the City Council of the City of Elk River, Sherburne Sherburne County Auditor/Treasurer North 89 degrees 28 minutes 17 seconds West on the south line of said North Half of the Southwest Quarter, 1156.62 feet to the point of County, Minnesota at a meeting held the _______ day of beginning. ___________________, 20_____. COUNTY RECORDER, SHERBURNE COUNTY, MINNESOTA AND All that part of the Southwest Quarter of the Southeast Quarter, Section 36, Township 33 North, Range 26 West, Sherburne County, Minnesota, I hereby certify that this instrument was filed in the office of the County Recorder lying south of Sherburne County Right of Way Plat No. 7, according to the recorded plat thereof, except the West 825 feet of the North 550 feet of ______________________________________ for record on this _______ day of ___________________, 20_____, at _______ the South 600 feet of said Southwest Quarter of the Southeast Quarter. Mayor o'clock _____.M. and was duly recorded as Document No. Parcel contains 63.18 acres. ______________________. Attest:______________________________________ Has caused the same to be surveyed and platted as BRADFORD PARK THIRD ADDITION and does hereby dedicate to the public, for public use forever, the public ways as shown on this plat. Also dedicating to the public, for public use forever, the drainage and utility easements shown Clerk on this plat for drainage and utility purposes only. And also dedicating to the County of Sherburne the right to limit access to County Highway No. ______________________________________ 40 as shown on this plat. Sherburne County Recorder In witness whereof said Millrose Properties Minnesota, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this _______ day of __________, 2026. Signed: Millrose Properties Minnesota, LLC, a Minnesota limited liability company, by U.S. Home, LLC, a Delaware limited liability company, Its attorney-in-fact pursuant to recorded power of attorney __________________________________________ (sign) Jonathan Aune, Vice President State of ______________________ County of ______________________ This instrument was acknowledged before me on ____________, 2026 by Jonathan Aune, Vice President, of U.S. Home, LLC, a Delaware limited liability company. __________________________________________(sign) __________________________________________(print) (NOT TO SCALE) Notary Public ___________________________ My Commission Expires ________________ NW 1/4 NE 1/4 SE 1/4 SW 1/4 SEC. 36, TWP. 33, RGE. 26 Sherburne County, Minnesota SHEET 1 OF 6 SHEETS Page 63 of 517 CITY OF ELK RIVER COUNTY OF SHERBURNE W W W W W W W W W W W W W W W W W W W W W W W W W W 0 200 400 W W W W W W W W W W SCALE IN FEET W W 1 INCH = 150 FEET W W W W BEARING NOTE: W W The orientation of this bearing system is based W W W on the west line of the SW 1/4 of Sec. 36, Twp. S. Line - NW 1/4 W S. Line - NE 1/4 33, Rge 26. Said line bears South 00 degrees Sec. 36-33-26 Sec. 36-33-26 22 minutes 42 seconds East. W W W W N. Line - SW 1/4 W Sec. 36-33-26 W 1/4 Corner W W W Sec. 36-33-26 W Per Sherburne County W W Doc. No. 140659 W W W Found 2" Iron W W W W W W LEGEND W W W Iron Monument Found. 1/2" Iron ISG W W W N. Line - S 660' - N 936' License No. 45817 unless otherwise W noted W NW 1/4 - SE 1/4 W W W Sec. 36-33-26 W Indicates Mag Nail Found W W W W W W Indicates Cast Iron Monument Found W W W W Indicates 1/2" Dia. x 18" Long Solid Iron Pipe Set W W 36-33-26 Sec. W With Plastic Cap Marked By W. Line - E 660' E - Line W. NW 1/4 - SE 1/4 SE - 1/4 NW W ISG, License No. 45817. W WW W Indicates 1/2" Dia. x 18" W W Long Solid Iron Pipe With Plastic Cap WW Marked By ISG, License No. 45817 To Be Set Within One Year of the Recording Date of this Plat. W S. Line - N 936' W W W W W NW 1/4 - SE 1/4 W Water's Edge Sec. 36-33-26 Limited Access to County of Sherburne as dedicated on this plat W. Line - SW 1/4 SW - Line W. Sec. 36-33-26 Sec. WW SW Corner SE Corner N 1/2 - SW 1/4 W W W W N 1/2 - SW 1/4 Sec. 36-33-26 Sec. 36-33-26 Found 1/2" Capped Found 1/2" Iron Unreadable Capped Iron W W W W WW W WW W W W W W W W W W W W W W W W W W W W W W W W. Line - SW 1/4 - SE 1/4 SE - 1/4 SW - Line W. Sec. 36-33-26 Sec. W W W W W W W W. Line - Sherburne - Line W. W 30 No. Plat R/W County W W W N. Line - S 600' W W SW 1/4 - SE 1/4 Sec. 36-33-26 W W Sec. 36-33-26 Sec. SW 1/4 - SE 1/4 SE - 1/4 SW E. Line - W 825' W - Line E. W W S. Line - N 550' - S 600' S. Line - Sherburne SW 1/4 - SE 1/4 County R/W Plat No. 7 Sec. 36-33-26 SW Corner S1/4 Corner Sec. 36-33-26 Sec. 36-33-26 Found CIM Per Gov't Ties SE Corner SW 1/4 - SE 1/4 Sec. 36-33-26 SHEET 2 OF 6 SHEETS Page 64 of 517 CITY OF ELK RIVER COUNTY OF SHERBURNE 25.00 •••••••••••••••••••••••••• Block 3 W'ly Line Bradford Park 161.56 130.00 ••••••••••••••••••••••• Outlot D ••••••••••••••••••••• 130.00 Bradford Park ••••••••••••••••••••••••••Second Addition Drainage and Utility Easements are shown thus: Block 2 E'ly Line S'ly Line 67.96 33.69 N'ly Line - Outlot B Block 3 " Bradford Park 9 Bradford Park " 3 Bradford Park ••••••••••••••••••••••••••1 ' 0 Second Addition 4 2 •••••••••••••••••••••••••••••••••••••••••• 34.27 . 1 • •••••••••••••••••••••••••••••••••••••••••' 4 2 •• 6 7 6 = 2 = L N'ly Line " •• " •• 6 9 7 77.20 Outlot B 0 ' 1 2 9 ' Bradford Park = 0 7 •• •• Second Addition •••••••••••••••••••••••• 4 2 •• 1 •••••••••••••••••••••••••••••••••••••••• = " 57.01 5 0 1 9 •• 0 1 = . ' •••••••••••••••••••••• 0 2 8 •• 4 Being 5 feet in width and adjoining lot lines and being 3 6 •• . 5 40.58 6 10 feet in width and adjoining right - of - way lines and 9 0 = = 9 0 rear lot lines, unless otherwise indicated on the plat. = •• •••••••••••••••••••••••••• . R L 0 7 3 5 0 • •••••••••• •••••••••••••••••••••••••••••4 . N'ly Line •••••••••••••••••••••••••• 9 OUTLOT A . 2 = 46.46 6 9 Outlot C R = 7 56.23 L Bradford Park 1 62.57 3 = Second Addition •••••••••••••••••••••••••• •••••••••••••••••••••• " 5 L . 5 0 ••••••••••••••••••••••••••••••••••••••••17.31 Outlot D 9 8 2 " Second Addition . ' Bradford Park 2 6 Bradford Park 9 8 W'ly Line 1 205.63 3 3 0 69.55 2 ' = Second Addition •• 9 •••••••••••••••••••••••••• = 2 Outlot B . 30.73 3 L L 0 5 = •• •••••••••••••••••••••••••• 5 "•• 6 • •••••••••• ••••••••••••••••••••••••••••• = 7 = 2 L 118.77 8 2 •• . ' 7 0 69.87 2 0 •• = N'ly Line 3 •••••••••••••••••••••••••• L 72.77 65.35 = L=6.79 Outlot C •• Bradford Park • • • •• • ••• ••••••••••• •••••••••••••••••••••• Second Addition " 0 ••••••••••••••••••••••••••••••••••••••••74.49 31 5 ' " . 0 3 2 4 3 7 •••••••••••••••••••••• 5 ' •• 3 = 0 •••••••••••••••••••••••••• 5 . L 4 = 9 •• 7 •• 9 • •••••••••• ••••••••••••••••••••••••••••• = •••••••••••••••••••••••••• " = L 6 •• 69.87 72.77 LEGEND 0 ' 8 3 65.35 •• 4 Iron Monument Found. 1/2" Iron ••••••••••••••••••••••••••••• • •••••••••• 2 " •••••••••••••••••••••• 2 1 ISG License No. 45817 unless 0 3 = ••••••••••••••••••••••••••••• • •••••••••• ' • ••••••••••••••••••••••••••••••••••••••• 5 . otherwise noted 0 •• 2 57.35 4 " 5 45.95 •• 9 = •••••••••••••••••••••••••••••••••••••••• 5 1 0 •••••••••••••••••••••• L ' Indicates 1/2" Dia. x 18" = 20.35 0 •• 3 Long Solid Iron Pipe Set . •••••••••••••••••••••••••• 25.60 • •••••••••• •••••••••••••••••••••••••••••4 0 • • • •• • •• • ••••••••••• •• L=7.51 With Plastic Cap Marked By 7 53 4 =52. 4 L 72.18 ISG, License No. 45817. •••••••••••••••••••••••••• 3 ••53'23 = =51 " = •• R L •• L= •• = = Indicates 1/2" Dia. x 18" " 25 4 4 1 2 4 5 0 . • ••••••••••••••••••••••••••••••••••••••• 3 . •• 8 2 1 ' " 3 Long Solid Iron Pipe With Plastic 5 9 69.27 4 0 8 . 0 0 4 L=3.80 ' . 2 • • • •• • ••• ••••••••••• 2 0 4 4 2 Cap Marked By ISG, License No. 5 3 . " R ' . 3 •• 2 5 7 6 9 5 '1 " 7 . 0 = = 5 " = 1 0 L 45817 To Be Set Within One Year 60.12 5 6 5 •• 0 5 = L 3 32 '1 2 1 •• ••= 1 8 1 5 of the Recording Date of this Plat. •• 5 4 •• 0 = •••••••••••••••••••••• 2 . = 0 1 3 . 0 = = 0 L " L " = 40 •• 0 4 00' 1 0 4•• = 3 2 R = . •• •• R 1 W 7 7 1 Water's Edge 6.4 5 ' L=9 = 8 6 L . • •••••••••• ••••••••••••••••••••••••••••• •• 1 9 4 7" •• 1 1'5 = 4 4 Limited Access to County of . 7" 9••4 ' 4 = = 2 " 1 1 5••3 •• 4 1 = 0 L 2 0 •• 4 Sherburne as dedicated on this plat 8. = 0 3 .99 137 3 2 9 •• Block 2 Block 5 13 R= . 0' = E'ly Line E'ly L 7 •• = 2 2 4 . 33 1 L •• 2 5 L= 0 5 = ' = 4 Bradford Park Bradford L 66.36 L =6 3 " •• 4 . 4 •••••••••••••••••••••••••••••••••••••••• R 04 " 1 =1 0 72.18 00. ' ••= 00 4 0 36•• 3 1 41 •• . '40 3 4 " " 4 4 •••••••••••••••••••••••• 5'22 '14" = = 9••4 =3••01 L=6.82 •• L ••= •• 48 " . ••••••••••• ••••••••••••••••••••••••••••• 8.00 L=69 • • •• • •• • ••••••••••• 1 131 3 = 0 R " 3" ' 2 1'14 ••=57••23'3 5 4 ••0 0 . . 3 224 ••= 48 10 4 L 8. 2 L= =69. =5 •• L 5 5 = 06" = ' L 3••25 •• Outlot B Outlot = " •• W'ly Line W'ly .63 5 8 •••••••••••••••••••••••••••••••••••••••• 0 L=7 5 64.67 0 ' 6 Bradford Park Bradford . 9 8 0 Second Addition Second . 3 " 1 7 •• 8 8 2 4 •••••••••••••••••••••••••••••••••••••••• 1 2 ' 8 = . = 72.81 0 = 0 L 2 R 3 •• ••••••••••• ••••••••••••••••••••••••••••••• = 3 •••••••••••••••••••••••••••••••••••••••• •••••••••••••••••••••••••• L = •• 22.64 ••••••••••• ••••••••••••••••••••••••••••• •••••••••••••••••••••••••••••••••••••••• •••••••••••••••••••••••••••••••••••••••• S'ly Line 64.64 72.81 Outlot C •••••••••••••••••••••••••• Bradford Park ••••• •••••••••••••••••••••••••••• • ••••••••••• •••••••••••••••••••••••••••••••••••••••• 16.37 Second Addition ••••••••••• ••••••••••••••••••••••••••••• 55.00 •••••••••••••••••••••••••• 27.47 43.97 21.09 •••••••••••••••••••••••••• 0 40 80 50.35 ••••••••••••••••••••••••••76.66 10.79 71.44 •••••••••••••••••••••••••• 61.14 71.44 55.83 SCALE IN FEET •••••••••••••••••••••••••• 1 INCH = 40 FEET ••••••••••• ••••••••••••••••••••••••••••• 71.93 64.43 BEARING NOTE: •••••••••••••••••••••••••• S. Line 30.13 78.95 The orientation of this bearing system is based S'ly Line Outlot B 30.13 on the west line of the SW 1/4 of Sec. 36, Outlot C Twp. 33, Rge 26. Said line bears South 00 Bradford Park degrees 22 minutes 42 seconds East. Second Addition Bradford Park ••••••••••••••••••••••••••60.26 75.29 Second Addition •••••••••••••••••••••••••• ••••••••••••••••••••••••••124.64 •••••••••••••••••••••••••• 95.59 SHEET 3 OF 6 SHEETS Page 65 of 517 CITY OF ELK RIVER COUNTY OF SHERBURNE •••••••••••••••••••••••••••••••••••• ••••••••••••••••••••••••• W •••••••••••••••••••••••••• 9 L= W W R 40.52 •••••••••••••••••••••••••••••••••••••••• 6 6 .9 5.9 2" 5 Second Addition 3 0 W = '0 •••••••••••••••••••••••••• Bradford Park L 2 2 6••5 L= W W = W'ly Line •• 40.52 Outlot I 40.43 W W •••••••••••••••••••••••••• W W •••••••••••••••••••••••••••••••••••••••• 65.00 LEGEND W W W W W Iron Monument Found. 1/2" Iron W W 1 33.64 9.5 " ••••••••••• ••••••••••••••••••••••••••••• ••= ISG License No. 45817 unless =2 '38 W W L Drainage and Utility Easements are shown thus: ••13 W otherwise noted W =4 •• L=23.07 67.29 •• • • ••••••••••• • W •••••••••••••••••••••••••••••••••••••••• .18 " W W 1 6 " 30.59 Indicates 1/2" Dia. x 18" W =6 '4 8 L 45 '5 Long Solid Iron Pipe Set 8•• 59 W W ••= 2•• With Plastic Cap Marked By =2 ••••••••••• ••••••••••••••••••••••••••• W •• 67.75 ••• W W ISG, License No. 45817. W 0 W W .0 8 " 0 W Indicates 1/2" Dia. x 18" W 1 0 1. 46 4 6 ' MATCH LINE - SEE SHEET 5 Long Solid Iron Pipe With Plastic = 5 = W L ••4 R • •••••••••• ••••••••••••••••••••••••••••• • •••••••••• ••••••••••••••••••••••••••••• 8 Cap Marked By ISG, License No. 65.00 = 7 •••••••••••••••••••••••••••••••••••••• •• .5 " 45817 To Be Set Within One Year W 0 '06 16 45 of the Recording Date of this Plat. L=8.70 = 9•• L 1 5" Being 5 feet in width and adjoining lot lines and being W W • • • •• • ••• ••••••••••• = '1 •••••••••••••••••••••••••••••••••••••• •• 40 10 feet in width and adjoining right - of - way lines and W Water's Edge 0 6•• 0 =1 rear lot lines, unless otherwise indicated on the plat. 0. •• 4 3 Limited Access to County of 3 .9 65.00 •••••••••••••••••••••••••••••••••••••••• = 8 Sherburne as dedicated on this plat W 55.76 R =9 1 L .2 7 11 = L W 6 L=18.28 " •• •• • •• • ••••••••••• 4 4 1 ••••••••••••• ••••••••••••••••••••••••••••• ' 9 " . 6 8 5 W 65.00 65.00 5 0 •• 3 3 • •••••••••• ••••••••••••••••••••••••••••• • •••••••••• ••••••••••••••••••••••••••••• ' 0 41.56 5 8 • •••••••••• = . 5 " 5 70.55 = 132.57 0 L . 3 8 0 7 •• 3 •• 0 3 0 3 2 2 ' 5 . . 1 5 = W = 0 7 = 3 L 7 3 R L=14.65 •• •• 1 = 2 = L 1 R=230.00 R = 30.00 55.00 •• 30.00 • • • •• • ••• ••••••••••• 65.00 • •••••••••• ••••••••••••••••••••••••••••• •••••••••••••••••••• 65.00 •••••••••••••••••••••• •••••••••••••••••••••••••••••••••••••••• 60.00 C.=14.64 ••••••••••••••••••••••49.49 55.00 • •••••••••• ••••••••••••••••••••••••••••• SE'ly Line 56.92 65.00 W 52.85 Bradford Park Second Addition •••••••••••••••••••••••••••••••••••••••• W • ••••••••••••••••••••••••••••••••••••••• W W 57.70 55.00 W 5 W •••••••••••••65.76 ••••••••••••••••••••••••••••• • •••••••••• ••••••••••••••••••••••••••••• 49.49 55.00 49.53 •••••••••••••••••••••••••••••••••••••••• • ••••••••••••••••••••••••••••••••••••••• 65.00 •••••••••••••••••••••••••• 3 55.00 •••••••••••••••••••••••••••••••••••••••• • •••••••••• ••••••••••••••••••••••••••••• 55.00 •••••••••••••••••••••••••••••••••••••••• • ••••••••••••••••••••••••••••••••••••••• 70.86 41.26 •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 4 " .1 51 45 5' = 5 0 L 2•• 0 =1 0. 95.46 •• 20 = 5" • •••••••••• ••••••••••••••••••••••••••••• .56 " R '4 59.01 •••• ••••••••••••• •• • • • • • 44 54 1 L= 5' 9 4 2••4 .6 5•• L=23.34 =1 89 2 1 •• L= ••= .6 0 3 .0 1" 70.86 3 0 '2 41.57 L= 6 4 2 2 57" 11 = •• 8••21' L=37. R 7 =4 .96 00.00 28.74 = •••••••••••••••••••••••••• •• =48 R=1 " •• L ••=21••15'37 • ••••••••••••••••••••••••••••••••••••• 59.02 9 " ••=3 08" • ••••••••••••••••••••••••••••••••••••••• .9 0 8 4••38' 3 .0 '0 " R=10 .00 86 4 8 7 5 0 2. 0 130.00 = 5 2 '1 =2 .0 L = •• L=60.45 L 0 " 3 6 6 8 R 1 2 '1 4 •• R= 2 = ••0 •••••••••••••••••••••••••••••••••••••••• 9 5 OUTLOT C •• = 4 •• 2 = 60.19 L=18.65 OUTLOT B •• 49.74 •••••••••••••••••••••••••••••••••••••••• • • • • •• • ••• •••••••••••• • ••••••••••••••••••••••••••••••••••••• 0 5 •••••••••••••••••••••••• 4 20.57 0 . 0 " . 0 0 6 . 08 8 0 5 • ••••••••••••••••••••••••••••••••••••••• = 0 8' .0 " •• 6 5 L 1 3 46 '5 = L = •• 2 = = 2 = 4 L •• 4 R 6 •••••••••••••••••••••••••• 4 R 3 2 5 = = •• 5 •• 2 . •• 9 3 5 9 3 ' 4 . 2 L=14.40 4 • •••••••••• ••••••••••••••••••••••••••••• 74.04 5 •• ••• • ••••••••••• • • • " 2 = L L=10.24 6 .7 2" L 48 '2 R=140.00 •• =4 L= 0 = 4 5.99 8••1 • • • •• • ••• ••••••••••• 5••2 =4 5'4 4" •• 30.17 • •••••••••• ••••••••••••••••••••••••••••• • ••••••••••••••••••••••••••••••••••••••• L=6.97 R=200.00 30.17 L = •• • • • •• • ••• ••••••••••• 9 = 9 4 .7 0•• •••••••••••••••••••••• 1 48 R '1 =1 8" • ••••••••••••••••••••••••••••••••••••••• 100.15 40 74.04 .00 •••••••••••••••••••••• 29.94 991.35 65.73 ••••••••••• ••••••••••••••••••••••••••••• 4 ••••••••••••••••••••••••••••• • •••••••••• •••••••••••••••••••••••••• 0 40 80 •••••••••••••••••••••• MATCH LINE - SEE SHEET 6 74.20 45.11 SCALE IN FEET •••••••••••••••••••••• 1 INCH = 40 FEET •••••••••••••••••••••• 73.88 45.07 BEARING NOTE: The orientation of this bearing system is based on the west line of the SW 1/4 of Sec. 36, Twp. 33, Rge 26. Said line bears South 00 degrees 22 minutes 42 seconds East. 4 SHEET 4 OF 6 SHEETS Page 66 of 517 CITY OF ELK RIVER COUNTY OF SHERBURNE W W W W W W Bradford Park Second Addition W W S'ly Line - Outlot H W W W W 55.00 142.67 W W 0 40 80 S'ly Line W Bradford Park Second Addition •••••••••••••••••••••••••••••••••••••••••• SCALE IN FEET 1 INCH = 40 FEET W 165.00 BEARING NOTE: •••••••••••••••••••••• The orientation of this bearing system is based W • •••••••••••• ••••••••••••••••••••••••••••• on the west line of the SW 1/4 of Sec. 36, Twp. 65.00 130.00 190.00 33, Rge 26. Said line bears South 00 degrees •••••••••••••••••••••• 22 minutes 42 seconds East. W 55.00 152.06 •••••••••••••••••••••••••• W 97.08 W 30.00 •••••••••••••••••••••••••• W • •••••••••• ••••••••••••••••••••••••••••• 56.52 • •••••••••• ••••••••••••••••••••••••••••• 30.00 W ••••••••••• ••••••••••••••••••••••••••• 65.00 •••••••••••••••••••••••••• 67.50 W 55.00 32.84 •••••••••••••••••••••••••••••••••••••••• W 79.28 SE'ly Line 53.68 25.42 •••••••••••••••••••••• ••••••••••• ••••••••••••••••••••••••••••• W •••••••••••••••••••••••••• •••••••••••••••••••••• • •••••••••• ••••••••••••••••••••••••••••• 14.28 W Bradford Park Second Addition •••••••••••••••••••••••••••••••••••••••• 60.76 " Line W. 7 S. Line - NE 1/4 159.40 0 67.50 .8 0 ' Sec. 36-33-26 Sherburne 4 8 30 No. Plat 7 1 R/W County = •• •••••••••••••••••••••••••• 4 L 1 4••26'15" 65.00 •••••••••••••••••••••••••••••••••••••••• = ••=5 •• L=55.11 •• ••••••••••• ••••••••••••••••••••••••••••• 39.09 =4 L 0 •••••••••••••••••••••••••••••••••••••••• = ••2 •••••••••••••••••••••••••• " 4 0 33.64 3 " 0 •••••••••••••••••••••••••••••••••••••••• " 1 . '3 ' 5 8 8 6 •• 3 1 1 4 = ' 0 9 " '0 . 29 " 3 •• 8 6 40.52 2 R ••3 0 " 0 0 = 1' ' 1 164.67 6 2 1 6 1 25 38 •• 0 •• = = 70 " 4•• 0 ' L 9 9 •• L = .0 =3 .0 •••••••••••••••••••••••••• 0 8 0 •• 0 " ••1 3 7 ••••••••••••••••••••••10 5 4 8 = .60 R= 4 3 •••••••••••••••••••••••••••••••••••••••• " . 2 1 0 3 4 = •• 6 6 ' 8.74 L= = •• 8 40.52 '1 0 . 0 •• 1 2 3 0 0 .1 . 4 •• 5 0 •• 4 •••••••••••••••••••••••••• 9 0 4 0 " = = 4 L 3 3 1 0 2 L = = ' = R 3 6 0 . •• 1 6 •• •••••••••••••••••••••••••••••••••••••••• •• . •• 40.52 6 8 1 •• L = 8 6 .9 5 = = 2 .9 0 = 1 1 9 5 5 2" 5 •• = • •••••••••• ••••••••••••••••••••••••••••• 4•• 18 ••3 Second Addition 3 0 0 0 L 5 .5 1' = 2' 2 . 43.94 L= 2 1 25 •••••••••••••••••••••• = •••••••••••••••••••••••• Bradford Park L 5 = 0 5 '04 R " •• L 9 " = L R 6 6 .6 2 = " W'ly Line ••= 3 8 30 8.74 6 .00 0 3 = •••••••••••••••••••••• R= .4 4 1 3 • •••••••••• ••••••••••••••••••••••••••••• Outlot I R ••= 0 5 8 ' 13•• ••= 0 3 . 40.52 6 03'03 3 . 0 6 " L " ••= 4 0 .3 0 40.43 5 . 1 =52 23••0 ••3 0 4 2 9 51 '2 .39 5'1 8 2 •• . 3 L= 5" '0 = 0 •••••••••••••••• 7 = 1 L=6.44 40. 8 5 L 1 L •• ••••••••••• •• • • •• • • • 30 " 2 4 •••••••••••••••••••••••••••••••••••••••• 2 =8 = = L= •• L •• 65.00 L •• =3 8 4 " =3 3.8 40. 3 1" 43.94 3•• 7 L= 0'3 '2 •••••••••••••••••••••• 27 0••2 13 6 ' 48" ••=4 33.64 8•• .6 1 = 1 130.00 .5 •• 5 L=20.15 29 8" ••••••••••• ••••••••••••••••••••••••••••• L= •••••••••••••••••••••••••••••••••••••• Drainage and Utility Easements are shown thus: L= 3'3 4••1 35.15 6 • • • • •• • ••• •••••••••••• = •• L=23.07 •• • • ••••••••••• • ••••• •••••••••••••••••••••••••••• • ••••••••••• •••••••••••••••••••••••••••••••••••••••• .18 " •••••••••••••••••••••• 61 '46 8" 30.59 L= 45 '5 8•• 59 ••= 2•• =2 ••••••••••• ••••••••••••••••••••••••••• E. Line - Outlot I Outlot - Line E. •• 67.75 • •••••••••• ••••••••••••••••••••••••••••• • •••••••••• ••••••••••••••••••••••••••••• 0 • •••••••••• ••••••••••••••••••••••••••••• .0 ••••••••••••••••••••••35.15 8 " 00 1.1 6 4 6 '4 MATCH LINE - SEE SHEET 4 = 5 = L 4 R • •••••••••• ••••••••••••••••••••••••••••• 8•• = 7 •••••••••••••••••••••••••••••••••••••• 177.53 •• .5 6" • ••••••••••••••••••••••••••••••••••••••• 0 0 Addition Second Park Bradford •••••• ••••••••••••••••••••••••••••• 6 5' • ••••••••••••••••••••••••••••••••••••••• L=8.70 1 4 Being 5 feet in width and adjoining lot lines= and being 9•• • ••••••••••••••••••••••••••••••••••••••• • • • •• • ••• ••••••••••• L =1 5" 10 feet in width and adjoining right - of - way lines and •• 0'1 •••••••••••••••••••••••••••••••••••••• ••4 128.10 0 6 • ••••••••••••••••••••••••••••••••••••••• rear lot lines, unless otherwise indicated on the plat. 0 =1 . •• 40 3 93 = 8. 55.76 R 9 L= 21 7. 11 = S. Line - Outlot I L •••••••••••••••••••••• Bradford Park Second Addition 62.02 L=18.28 " • •• • •• • ••••••••••• 4 44.65 55.68 4 1 105.44 19.77 ' 74.86 55.61 9 72.94 " . 6 182.07 43.70 8 5 65.00 LEGEND 5 0 •• 3 3 • •••••••••• ••••••••••••••••••••••••••••• ' •••••••••••••••••••••••••••••••••••••••••• 0 41.56 5 •••••••••••••••••••••• = . 5 5 " 70.55 =8 132.57 0 L . 3 8 0 7 •• 3 •• 0 MATCH LINE - SEE SHEET 6 3 0 3 Iron Monument Found. 1/2" Iron 2 2 ' 5 . . 1 5 = = 0 7 ISG License No. 45817 unless = 3 L 7 3 R L=14.65 N. Line - S 660' - N 936' •• •• 1 = otherwise noted 2 = L 1 R=230.00 NW 1/4 - SE 1/4 R = 30.00 Sec. 36-33-26 55.00 Indicates 1/2" Dia. x 18" •• 30.00 • • • •• • ••• ••••••••••• Long Solid Iron •Pipe •••••••••• Set ••••••••••••••••••••••••••••• •••••••••••••••••••••••••••••••••••••••••••••••••••••••• With Plastic Cap Marked By 60.00 C.=14.64 ISG, License No. 45817. Indicates 1/2" Dia. x 18" ••••••••••••••••••••••49.49 36-33-26 Sec. W. Line - E 660' E - Line W. Long Solid Iron Pipe With Plastic 1/4 SE - 1/4 NW 55.00 • ••••••••••Cap Marked ••••••••••••••••••••••• By ISG, License No. 45817 To Be Set Within One Year of the Recording Date of this Plat. 52.85 W Water's Edge •••••••••••••••••••••••••55.00 5 •••••••••••••••••••••••••••••••••••••••• • •••••••••• ••• Limited Access to County of Sherburne as dedicated on this plat 55.00 ••••••••••••••••••••••••••••• SHEET 5 OF 6 SHEETS Page 67 of 517 CITY OF ELK RIVER COUNTY OF SHERBURNE W W W W 1/4 Corner Sec. 36-33-26 W W Found 1 1/2" Iron W W W 6 W W W W W W W W W 275.32 S00°10'01"E W W N89°18'10"W 610.07 W W 3 MATCH LINE - SEE SHEET 5 W W 5 660 W N. Line - S 660' - N 936' W N47°39'33"E NW 1/4 - SE 1/4 W 936 W 70.86 Sec. 36-33-26 W W N25°55'59"E W W 70.86 W N05°51'31"E W W 60.19 S00°22'24"E 1335.49 S00°22'24"E W W W OL. C N14°42'36"W 660 W W LEGEND WW 74.04 Iron Monument Found. 1/2" Iron ISG S00°10'01"E 660.08 S00°10'01"E W License No. 45817 unless otherwise 4 noted WW Indicates Mag Nail Found Sec. 36-33-26 Sec. W. Line - E 660' E - Line W. NW 1/4 - SE 1/4 SE - 1/4 NW W. Line - SW 1/4 SW - Line W. Sec. 36-33-26 Sec. Indicates Cast Iron Monument Found WW S. Line - N 936' NW 1/4 - SE 1/4 Indicates 1/2" Dia. x 18" Sec. 36-33-26 Long Solid Iron Pipe Set S89°18'10"E 610.07 With Plastic Cap Marked By W W ISG, License No. 45817. Indicates 1/2" Dia. x 18" Long Solid Iron Pipe With Plastic Cap N50°06'29"E 991.35 Marked By ISG, License No. 45817 To MATCH LINE - SEE SHEET 4 Be Set Within One Year of the Recording Date of this Plat. W W W Water's Edge W W Limited Access to County of Sherburne OUTLOT D as dedicated on this plat SW Corner SE Corner N 1/2 - SW 1/4 N 1/2 - SW 1/4 W Sec. 36-33-26 S. Line - N 1/2 - SW 1/4 W Sec. 36-33-26 Found 1/2" Capped Iron Sec. 36-33-26 Found 1/2" Capped Iron W W N89°28'17"W 1156.62 Point of Beginning Description WW S00°10'01"E 1347.63 S00°10'01"E W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W 727.71 N00°21'48"W W W W W W W W W W. Line - SW 1/4 - SE 1/4 SE - 1/4 SW - Line W. Sec. 36-33-26 Sec. W. Line - Sherburne - Line W. W 30 No. Plat R/W County N. Line - S 600' W SW 1/4 - SE 1/4 W Sec. 36-33-26 0 150 300 W W N89°37'53"W 825.07 SCALE IN FEET W 825 1 INCH = 150 FEET W Sec. 36-33-26 Sec. SW 1/4 - SE 1/4 SE - 1/4 SW E. Line - W 825' W - Line E. Sec. 36-33-26 Sec. SW 1/4 - SE 1/4 SE - 1/4 SW W Line E. BEARING NOTE: W The orientation of this bearing system is based on the west line of the SW 1/4 of Sec. 36, Twp. W 320.65 C.=339.96 33, Rge 26. Said line bears South 00 degrees W C.Br g=S89°51'37"W 22 minutes 42 seconds East. 3 N00°21'48"W L= 41.18 600 R=1161.35 W Δ=16°49'56" 550 W N. Line - Sherburne County R/W Plat No. 7 N75°48'37"W S. Line - N 550' - S 600' SW 1/4 - SE 1/4 62.42 SW Corner S00°21'48"E Sec. 36-33-26 30.70 R Sec. 36-33-26 S1/4 Corner 108.02 L=4 =1041.35 Δ=23°41'51" Found CIM Sec. 36-33-26 S. Line - Sherburne Per Gov't Ties County R/W Plat No. 7 S. Line - SE 1/4 SE Corner N00°10'01"W 199.40 N89°37'53"W 431.99 Sec. 36-33-26 OUTLOT E SW 1/4 - SE 1/4 128.38 S75°50'48"W Sec. 36-33-26 S89°37'53"E 1112.84 SHEET 6 OF 6 SHEETS Page 68 of 517 ---- ---- 1 LENNAR HOMES BRADFORD PARK DEVELOPMENT (PHASE 3) ELK RIVER, MINNESOTA PERMIT PLAN ISG PROJECT # 25-26553 SHEET INDEX LEGEND EXISTING PROJECT LOCATION NOTE: THE CLARITY OF THESE PLANS DEPEND W UPON COLOR COPIES. IF THIS TEXT DOES WET NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. X X X X >> >> > <II JERREMY D. FOSS I G DATE 2026-04-27 LIC. NO. 55871 OE THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, UE INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. UT UTV N PROJECT OHL UTL FBO WE PROJECT GENERAL NOTES S 1. ALL WORK SHALL CONFORM TO THE CONTRACT 6. ALL MANUFACTURED ARTICLES, MATERIALS AND DOCUMENTS, WHICH INCLUDE, BUT ARE NOT LIMITED TO, THE EQUIPMENT SHALL BE APPLIED, INSTALLED, CONNECTED, LOCATION MAP OWNER - CONTRACTOR AGREEMENT, THE PROJECT MANUAL ERECTED, CLEANED AND CONDITIONED ACCORDING TO (WHICH INCLUDES GENERAL SUPPLEMENTARY CONDITIONS MANUFACTURERS' INSTRUCTIONS. IN CASE OF SCALE IN FEET AND SPECIFICATIONS), DRAWINGS OF ALL DISCIPLINES AND DISCREPANCIES BETWEEN MANUFACTURERS' INSTRUCTIONS ALL ADDENDA, MODIFICATIONS AND CLARIFICATIONS ISSUED AND THE CONTRACT DOCUMENTS, NOTIFY 0 BY THE ARCHITECT/ENGINEER. ARCHITECT/ENGINEER BEFORE PROCEEDING WITH THE WORK. ABBREVIATIONS: 2. CONTRACT DOCUMENTS SHALL BE ISSUED TO ALL SUBCONTRACTORS BY THE GENERAL CONTRACTOR IN 7. ALL DISSIMILAR METALS SHALL BE EFFECTIVELY COMPLETE SETS IN ORDER TO ACHIEVE THE FULL EXTENT ISOLATED FROM EACH OTHER TO AVOID GALVANIC REVISION SCHEDULE AND COMPLETE COORDINATION OF ALL WORK. CORROSION. DATE DESCRIPTION BY 3. WRITTEN DIMENSIONS TAKE PRECEDENCE OVER 8. THE LOCATION AND TYPE OF ALL INPLACE UTILITIES SCALED DIMENSIONS. NOTIFY ARCHITECT/ENGINEER OF ANY SHOWN ON THE PLANS ARE FOR GENERAL INFORMATION DISCREPANCIES OR CONDITIONS REQUIRING INFORMATION ONLY AND ARE ACCURATE AND COMPLETE TO THE BEST OF OR CLARIFICATION BEFORE PROCEEDING WITH THE WORK. THE KNOWLEDGE OF I & S GROUP, INC. (ISG). NO WARRANTY OR GUARANTEE IS IMPLIED. THE CONTRACTOR SHALL VERIFY 4. FIELD VERIFY ALL EXISTING CONDITIONS AND THE SIZES, LOCATIONS AND ELEVATIONS OF ALL INPLACE DIMENSIONS. NOTIFY ARCHITECT/ENGINEER OF ANY UTILITIES PRIOR TO CONSTRUCTION. CONTRACTOR SHALL DISCREPANCIES OR CONDITIONS REQUIRING INFORMATION PROPOSED IMMEDIATELY NOTIFY ENGINEER OF ANY DISCREPANCIES OR OR CLARIFICATION BEFORE PROCEEDING WITH THE WORK. VARIATIONS FROM PLAN. 5. DETAILS SHOWN ARE INTENDED TO BE INDICATIVE OF 9. THE CONTRACTOR IS TO CONTACT "GOPHER STATE THE PROFILES AND TYPE OF DETAILING REQUIRED ONE CALL" FOR UTILITY LOCATIONS, MINIMUM 2 BUSINESS THROUGHOUT THE WORK. DETAILS NOT SHOWN ARE SIMILAR PROJECT NO. 25-26553 DAYS PRIOR TO ANY EXCAVATION / CONSTRUCTION IN CHARACTER TO DETAILS SHOWN. WHERE SPECIFIC (1-800-252-1166). FILE NAME 26553 - 1 TITLE (P3) >> DIMENSIONS, DETAILS OR DESIGN INTENT CANNOT BE DETERMINED, NOTIFY ARCHITECT/ENGINEER BEFORE DRAWN BY DWG, MEB >> PROCEEDING WITH THE WORK. DESIGNED BY DWG, MEB REVIEWED BY JDF <<< ORIGINAL ISSUE DATE --/--/-- PROJECT INDEX: CLIENT PROJECT NO. - > I I SPECIFICATIONS REFERENCE NGS\PHASE 3\26553 - 1 TITLE (P3).DWG OWNER: PROJECT MANAGING OFFICE: TITLE G B.M. ELEVATION=950.10 ALL CONSTRUCTION SHALL COMPLY WITH THE CITY OF ELK OE ADDRESS / LOCATION: RIVER REQUIREMENTS AND MnDOT STANDARD SPECIFICATIONS TNFH SW QUADRANT AT THE FOR CONSTRUCTION, 2020 EDITION, AND THE STANDARD INTERSECTION OF TWIN LAKES PKWY UE LENNAR HOMES SPECIFICATIONS FOR SANITARY SEWER, STORM DRAIN AND WATERMAIN AS PROPOSED BY THE CITY ENGINEERS AND 188TH AVE NW UTV 16305 36TH AVENUE NORTH S36 T33N R26W ASSOCIATION OF MINNESOTA 2018, UNLESS DIRECTED TITLE OTHERWISE. PLYMOUTH, MN 554466 BLOOMINGTON OFFICE B.M. ELEVATION=938.58 TNFH WEST OF IVANHOE ST APPROX. SHERBURNE COUNTY 7900 INTERNATIONAL DRIVE PROJECT DATUM 140' SOUTH OF THE INTERSECTION OF ELK RIVER, MINNESOTA SUITE 550 HORIZONTAL COORDINATES HAVE BEEN REFERENCED TO THE MINNEAPOLIS, MN 55425 NORTH AMERICAN DATUM OF 1983 (NAD83), 1996 ADJUSTMENT IVANHOE ST AND TWIN LAKES PKWY PHONE: 952.426.0699 (NAD83(1996)) ON THE SHERBURNE COUNTY COORDINATE SYSTEM, IN U.S. SURVEY FEET. TOPOGRAPHIC SURVEY SHEET ELEVATIONS HAVE BEEN REFERENCED TO THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88). THIS PROJECT'S TOPOGRAPHIC SURVEY CONSISTS RTK GPS METHODS WERE USED TO ESTABLISH HORIZONTAL OF DATA COLLECTED IN MARCH 2022 BY ISG. AND VERTICAL COORDINATES FOR THIS PROJECT. 1 FILE LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWI FILE LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 1 TITLE Page 69 of 517 ---- ---- 2 W W W W W W W W W W W W W WET W WET W W W W W WET W W W W W W WET W W BASIN H1 (CONSTRUCTED WITH PHASE 1) 100 YR HWL = 914.70 IVANHOE ST BASIN O W 186TH AVE NWL = 912.5 100 YR HWL = 914.64 W W W WETWEWEETT NORTH PIT W NWL = 903.73 NOTE: 100W YR HWL = 904.19 THE CLARITY OF THESE PLANS DEPEND GRANT ST GRANT BASIN P UPON COLOR COPIES. IF THIS TEXT DOES BASIN H2 100W YR HWL = 908.71 NOT APPEAR IN COLOR, THIS IS NOT AN W NWL = 912.00 ORIGINAL PLAN SET AND MAY RESULT IN W MB WET WET 100 YR HWL = 914.71 MISINTERPRETATION. 185TH AVE W FILMOREBASIN CIR Q WET CENTER PIT 100 YR HWL = 917.04 WET LS LS NWL = 902.27 W W W 100 YR HWL = 902.33 EM W WET JERREMY D. FOSS 100YR W W WET KENNEDYKKE STREET BASIN R W W WET EEN BASIN I BASINBASIN K NNN W 10010000Y0 YRYR HWL = 915.21915.21 DATE 2026-04-27 LIC. NO. 55871 N W NWL = 912.00912.00 THH CIRCIRR 1001000 YYR HWL = 911.95 RE EED 185TH1851885TH5TH CIR 100YR 110000 YR HWL = 913.65913.65 D M THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, W YYS W W LM INC. AND MAY NOT BE USED, COPIED OR DUPLICATED 100YR100Y FILMOREFILMO ST SSTREST WITHOUT PRIOR WRITTEN CONSENT. W WET WET W RE W W PROJECT ET W T MB W W W 185TH118185T COURT 185TH AVE W 85T85TH T T H ST ST S S ST COUCCOURT ST OURURT W RTT BASIN B Y BASIN J NWL = 912.00 W W ETT W W W NWL = 906.00 W E 100 YR HWL = 914.71 STRETREETRE LINCOLN ST 100 YR HWL = 909.50 RESTRESTE S KENNEDY ST KENNEDY LMOR W SOUTH PIT FILMOREFILMOFILMFILFIF STREET GRANTGGRA STREET NW W W NWLL ==90 900.67 W W W 10000 YR HWL = 902.08902.08 W ANT W W T S SSTSTRE WET X W TTR W REETRER NW W W ELK RIVER MINNESOTA W TN W W W W WET W NW W W W REVISION SCHEDULE WET DATE DESCRIPTION BY W W 100YR1000 W W W W 00 00 00YR 00Y 00YR W 100YR W BASINN X WET BASINN S WET ETET ParcelParcel 1 10000 YR HWLH = 904.86 EET 100YR 100YR1 RE TRETREE 100000 YYR00YRRH HWL = 915.01 ESESTRESTE STREESTRES 184TH1 LLANE NW 40 NO. HIGHWAY COUNTY W WET W FP100 ORR 100YR100 WET FILMOREFILMOFILMFILFIFILMORLMORMOR STREET WET 0Y W HLA WET YR WET FP100 LANELA NW W FP100 W W AANE FP100 WET 0YR WW WET WET 100YR100 W WET WET PROJECT NO. 25-26553 FP100P WET WET W WET 26553 - 2 OVERALL (P3) FP100 FILE NAME 100YR 100YR 100YR 100YR WET FP100 W DRAWN BY DWG, MEB FP100 BASINN W W 100YR DESIGNED BY DWG, MEB WET 10000 YRYR HWLH = 904.08904.08 WW 0Y REVIEWED BY JDF 00 100YR100Y100 WET ORIGINAL ISSUE DATE --/--/-- W FP100 FP100 WET CLIENT PROJECT NO. - FP100 WET WET FP100 GS\PHASE 3\26553 - 2 OVERALL (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 2 OVERALL (P3).DWG SAVED BY: W W TITLE FP100 WET FP100 FP100 WET FP100 FP100 WET W W WET W PHASING PLAN FP100 WET W W FP100 W W FP100 FP100 FP100 FP100 FP100 0 150 300 WET SHEET X SCALE IN FEET FP100 WET FP1 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 W 2 PHASING PLAN 100 Page 70 of 517 ---- ---- 3 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. JERREMY D. FOSS DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY PROJECT NO. 25-26553 FILE NAME 26553 - 2 OVERALL (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 2 OVERALL (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 2 OVERALL (P3).DWG SAVED BY: TITLE CONSTRUCTION NOTES SHEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 3 CONSTRUCTION NOTES Page 71 of 517 ---- ---- 4 L13 L34 L18 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN L17 L14 L15 ORIGINAL PLAN SET AND MAY RESULT IN <II MB MISINTERPRETATION. OHL L20 LS LS L16 L29 OHL JERREMY D. FOSS 100YR <II KENNEDY STREET OHL DATE 2026-04-27 LIC. NO. 55871 185TH CIR 100YR <II THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED 100YR WITHOUT PRIOR WRITTEN CONSENT. OHL PROJECT L21 185TH COURT MB L22 OHL L35 L23 L28 L19 FILMORE STREET GRANT STREET NW OHL X OHL ELK RIVER MINNESOTA L27 REVISION SCHEDULE 100YR DATE DESCRIPTION BY OHL L24 L30 100YR Parcel 1 100YR 100YR L26 184TH LANE NW 40 NO. HIGHWAY COUNTY FP100 100YR FILMORE STREET OHL FP100 FP100 FP100 100YR PROJECT NO. 25-26553 FP100 L31 OHL 26553 - 2.1 ALIGN (P3) FP100 FILE NAME FP100 100YR L25 DRAWN BY DWG, MEB FP100 100YR DESIGNED BY DWG, MEB REVIEWED BY JDF 100YR OHL ORIGINAL ISSUE DATE --/--/-- FP100 FP100 - FP100 CLIENT PROJECT NO. FP100 GS\PHASE 3\26553 - 2.1 ALIGN (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 2.1 ALIGN (P3).DWG SAVED BY: TITLE FP100 OHL L32 FP100 FP100 FP100 FP100 ALIGNMENT PLAN FP100 OHL FP100 L33 FP100 FP100 FP100 FP100 FP100 0 150 300 SHEET X FP100 SCALE IN FEET FP1 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 4 ALIGNMENT PLAN 100 Page 72 of 517 ---- ---- 5 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. JERREMY D. FOSS DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT TYPICAL STREET SECTION - SIDEWALK RIGHT NTS ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY PROJECT NO. 25-26553 FILE NAME 26553 - 3 DETAILS (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 3 DETAILS (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 3 DETAILS (P3).DWG TITLE TYPICAL STREET SECTION - SIDEWALK LEFT STREET SECTION NTS DETAILS SHEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 5 STREET SECTION DETAILS Page 73 of 517 ---- ---- 6 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. JERREMY D. FOSS BASIN X CROSS SECTION BIOFILTRATION BASIN NTS DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY PROJECT NO. 25-26553 FILE NAME 26553 - 3 DETAILS (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 3 DETAILS (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 3 DETAILS (P3).DWG TITLE BASIN DETAILS BASIN W CROSS SECTION BIOFILTRATION BASIN NTS SHEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 6 BASIN DETAILS Page 74 of 517 ---- ---- 7 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. JERREMY D. FOSS BASIN S CROSS SECTION DATE 2026-04-27 LIC. NO. 55871 INFILTRATION BASIN THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, NTS INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY PROJECT NO. 25-26553 FILE NAME 26553 - 3 DETAILS (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 3 DETAILS (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 3 DETAILS (P3).DWG TITLE BASIN DETAILS SHEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 7 BASIN DETAILS Page 75 of 517 ---- ---- 8 NOTES: NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN BITUMINOUS PAVEMENT CONCRETE SIDEWALK BITUMINOUS TRAIL MISINTERPRETATION. NTS NTS NTS EDGE MILLING JERREMY D. FOSS NTS ST350 DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY PROJECT NO. 25-26553 FILE NAME 26553 - 3 DETAILS (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 3 DETAILS (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 3 DETAILS (P3).DWG TITLE DETAILS STORM SEWER SUBDRAIN NTS SD900 SHEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 8 DETAILS Page 76 of 517 ---- ---- 9 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. JERREMY D. FOSS DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY PROJECT NO. 25-26553 FILE NAME 26553 - 3 DETAILS (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 3 DETAILS (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 3 DETAILS (P3).DWG TITLE DETAILS SHEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 9 DETAILS Page 77 of 517 ---- ---- 10 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. JERREMY D. FOSS DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT THRUST BLOCK BEARING (SF) TABLE NOMINAL TEE TEE,WYE 90 BEND FITTING PLUGGED 45° 1 1 PLUG OR PLUGGED 22 2° 11 4° SIZE ON RUN BEND BEND BEND CAP CROSS INCHES A¹ A² ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY TEE PLUGGED CROSS WYE PLUG OR CAP A1 2 A NOTES PROJECT NO. 25-26553 FILE NAME 26553 - 3 DETAILS (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB BEND PLUGGED CROSS PLUGGED TEE REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 3 DETAILS (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 3 DETAILS (P3).DWG TITLE DETAILS WATERMAIN THRUST BLOCKING NTS WM700 SHEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 10 DETAILS Page 78 of 517 ---- ---- 11 ELK RIVER TYPICAL DIMENSIONS PIPE DEPTH W NOTE: NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN NOTES: ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. PIPE BEDDING TYPICAL WATER MAIN GATE VALVE & BOX INSTALLATION WATER PIPE INSULATION JERREMY D. FOSS NTS WM300 NTS WM200 NTS WM400 DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY PROJECT NO. 25-26553 FILE NAME 26553 - 3 DETAILS (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 3 DETAILS (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 3 DETAILS (P3).DWG TITLE DETAILS SHEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 11 DETAILS Page 79 of 517 ---- ---- 12 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. JERREMY D. FOSS DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY PROJECT NO. 25-26553 FILE NAME 26553 - 3 DETAILS (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 3 DETAILS (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 3 DETAILS (P3).DWG TITLE DETAILS SHEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 12 DETAILS Page 80 of 517 ---- ---- 13 OPTION 1 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. OPTION 2 SUBDRAIN SUBDRAIN CLEANOUT TERMINAL CLEANOUT/END JERREMY D. FOSS NTS SD450 NTS SD451 PRECAST CONCRETE HEADWALL NTS DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY PROJECT NO. 25-26553 FILE NAME 26553 - 3 DETAILS (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 3 DETAILS (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 3 DETAILS (P3).DWG TITLE DETAILS SHEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 13 DETAILS Page 81 of 517 ---- ---- 14 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. DATE LIC. NO. THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY PROJECT NO. 25-26553 FILE NAME 26553 - 3 DETAILS (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 3 DETAILS (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 3 DETAILS (P3).DWG TITLE DETAILS SHEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 14 DETAILS Page 82 of 517 ---- ---- 15 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. DATE LIC. NO. THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY PROJECT NO. 25-26553 FILE NAME 26553 - 3 DETAILS (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 3 DETAILS (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 3 DETAILS (P3).DWG TITLE DETAILS SHEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 15 DETAILS Page 83 of 517 ---- ---- 16 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. DATE LIC. NO. THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY PROJECT NO. 25-26553 FILE NAME 26553 - 3 DETAILS (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 3 DETAILS (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 3 DETAILS (P3).DWG TITLE DETAILS SHEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 16 DETAILS Page 84 of 517 ---- ---- 17 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. DATE LIC. NO. THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY PROJECT NO. 25-26553 FILE NAME 26553 - 3 DETAILS (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 3 DETAILS (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 3 DETAILS (P3).DWG TITLE DETAILS SHEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 17 DETAILS Page 85 of 517 ---- ---- 18 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. DATE LIC. NO. THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY PROJECT NO. 25-26553 FILE NAME 26553 - 3 DETAILS (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 3 DETAILS (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 3 DETAILS (P3).DWG TITLE DETAILS SHEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 18 DETAILS Page 86 of 517 ---- ---- 19 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. DATE LIC. NO. THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY PROJECT NO. 25-26553 FILE NAME 26553 - 3 DETAILS (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 3 DETAILS (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 3 DETAILS (P3).DWG TITLE DETAILS SHEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 19 DETAILS Page 87 of 517 ---- ---- 20 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. JERREMY D. FOSS DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY PROJECT NO. 25-26553 FILE NAME 26553 - 3 DETAILS (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 3 DETAILS (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 3 DETAILS (P3).DWG TITLE DETAILS SHEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 20 DETAILS Page 88 of 517 ---- ---- 21 NOTES: NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN NOTES: ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. TRACER WIRE MODULAR BLOCK SANITARY & WATER SERVICES (SAME TRENCH) FOR SANITARY SEWER RETAINING WALL SECTION JERREMY D. FOSS NTS SA330 NTS SA700 NTS LD502-U DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY PROJECT NO. 25-26553 FILE NAME 26553 - 3 DETAILS (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 3 DETAILS (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 3 DETAILS (P3).DWG TITLE DETAILS SHEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 21 DETAILS Page 89 of 517 ---- ---- 22 JERREMY D. FOSS DATE 2026-04-27 LIC. NO. 55871 SHEET NOT VALID UNLESS THIS TEXT IS COLOR. THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. © 2024 I & S GROUP, INC. PROJECT ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY PROJECT NO. 25-26553 FILE NAME 26553 C0-SWPPP-DETAIL-P3 DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 C0-SWPPP-DETAIL-P3.DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 C0-SWPPP-DETAIL-P3.DWG SAVED BY: TITLE SWPPP NARRATIVE SHEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 22 SWPPP NARRATIVE Page 90 of 517 ---- ---- 23 JERREMY D. FOSS DATE 2026-04-27 LIC. NO. 55871 SHEET NOT VALID UNLESS THIS TEXT IS COLOR. THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. © 2024 I & S GROUP, INC. PROJECT ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY PROJECT NO. 25-26553 FILE NAME 26553 C0-SWPPP-DETAIL-P3 DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 C0-SWPPP-DETAIL-P3.DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 C0-SWPPP-DETAIL-P3.DWG SAVED BY: TITLE SWPPP NARRATIVE SHEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 23 SWPPP NARRATIVE Page 91 of 517 ---- ---- 24 SEAM 1 1" MIN 4 4 SEAM KEY NOTES: 2 2 1 6" - 12" 3 2 STAPLE DETAIL 3 5 ROW OF STAPLES 4 COLUMN OF STAPLES FLOW DIRECTION 2 ROWS 5 OF STAPLES TAMP SOIL FIRMLY 12" O.C. 1 ROW OF STAGGERED 6" 4" STAGGERED STAPLES STAPLE 12" O.C. NOTES: DIRECTION OF RUNOFF FLOW 6" 6" MIN 2 ROWS OF STAPLES, STAGGERED 12" O.C. ANCHOR TRENCH ALONG ROW BLANKET ROLL END OVERLAP 1 2 CENTER OF CENTER OF FLOW WATERWAY WATERWAY DIRECTION STAPLE 6" MIN EVERY 12" 12" STAGGERED STAPLE STAPLES BLANKET SIDE OVERLAP BLANKET SIDE EDGE TERMINAL END JERREMY D. FOSS 3 4 5 STABILIZED CONSTRUCTION EXIT SILT FENCE NTS NTS EROSION CONTROL BLANKET INSTALLATION DATE 2026-04-27 LIC. NO. 55871 NTS SHEET NOT VALID UNLESS THIS TEXT IS COLOR. THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. © 2024 I & S GROUP, INC. PROJECT ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY CURB STYLE CB INLET PROJECT NO. 25-26553 FILE NAME 26553 C0-SWPPP-DETAIL-P3 DRAWN BY DWG, MEB DWG, MEB NOTES: DESIGNED BY REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 C0-SWPPP-DETAIL-P3.DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 C0-SWPPP-DETAIL-P3.DWG SAVED BY: TITLE ROUND CB INLET SWPPP DETAILS STREET INLET PROTECTION SEDIMENT CONTROL LOG STAKING NTS NTS SHEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 24 SWPPP DETAILS Page 92 of 517 ---- ---- 25 I I GRADING LEGEND>> > > 101 >> >>I I >> > > > > > > > > 100 > >> >> > I I I I I I I I I I >> I I > WET > >> >> I >> WET WET I > >> >> >> >> SF SF SF SF I >> SF I SF >> >> WET SF SF > WET >> I WET SF SF SF SF WET SF > I >> SF SF GENERAL GRADING NOTES WET SF SF SF WET I >> WET > >> EROSION CONTROL LEGEND WET I EX WTR MH SB-10 JERREMY D. FOSS R=919.91 SF I= SYMBOL DESCRIPTION >> >> WET EM I EX MH I R=922.56 SF SF I=892.91 > SB-9 DATE 2026-04-27 LIC. NO. 55871 EX MH >> <II R=922.16 SHEET NOT VALID UNLESS THIS TEXT IS COLOR. I I= 100YR WET I I THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, SF 100YR INC. AND MAY NOT BE USED, COPIED OR DUPLICATED <II > WITHOUT PRIOR WRITTEN CONSENT. I I >> © 2024 I & S GROUP, INC. KENNEDY STREET SF WET 100YR I I PROJECT <II >> WET 100YR I SF > BASIN I 100 YR HWL = 911.95 100YR ET >> <II I 185TH CIRCLE SF WET 100YR 100YR > SF I SF 100YR 100YR > WET ELK RIVER MINNESOTA SF I 100YR REVISION SCHEDULE WET SF DATE DESCRIPTION BY > > I SF SF SF SF SF >> I SF > SF PROJECT NO. 25-26553 > SF I FILE NAME 26553 C4-SWPPP-GRADE-P3 > > >> DRAWN BY DWG, MEB I >> I SF DESIGNED BY DWG, MEB > REVIEWED BY JDF SF >> --/--/-- SF I ORIGINAL ISSUE DATE > I CLIENT PROJECT NO. - >> > >> > I >> BASIN B NWL = 912.00 >> > >> 0 YR HWL = 914.71 >> GS\PHASE 3\26553 C4-SWPPP-GRADE-P3.DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 C4-SWPPP-GRADE-P3.DWG SAVED BY: I > TITLE >> > I > I I >> I >> > I I >> I > >> > >> > I SWPPP > I I >> > >> I > > > I I > > 0 50 100 SHEET > SB-12 I > I I I I I SCALE IN FEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 25 SWPPP Page 93 of 517 ---- ---- 26 OHL I W W BASIN R > 100 YR HWL = 915.21 I >> SF W OHL I > SF W SF W I SF >> W OHL W SF SF SF W SF SF W I I W > SF SF SF >> SF OHL W SF W SF W SF W SF I OHL W SF W SF OHL I W SF SB-6 W SF OHL I SB-7SB-7A SF SF W 185TH COURT OHL SF I SF W OHL SF W I W W SF OHL W SF JERREMY D. FOSS I W W W DATE 2026-04-27 LIC. NO. 55871 OHL SF SHEET NOT VALID UNLESS THIS TEXT IS COLOR. SF THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, W I INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. OHL © 2024 I & S GROUP, INC. SF PROJECT SF X I SF SF SF SF SF SF SF SF SF SF OHL SF X GRANT STREET X I GRADING LEGEND EROSION CONTROL LEGEND OHL SF 101 SYMBOL DESCRIPTION OHL SF I 100 ELK RIVER MINNESOTA SF REVISION SCHEDULE OHL DATE DESCRIPTION BY I FILMORE STREET OHL SF SF 100YR ROAD L ROAD I SF SF OHL 100YR 100YR PROJECT NO. 25-26553 SF I FILE NAME 26553 C4-SWPPP-GRADE-P3 BASIN S 100 YR HWL = 915.01 SF Parcel 1 DRAWN BY DWG, MEB OHL DESIGNED BY DWG, MEB SF 100YR REVIEWED BY JDF 100YR ORIGINAL ISSUE DATE --/--/-- I CLIENT PROJECT NO. - SF SF 184TH LANE OHL GS\PHASE 3\26553 C4-SWPPP-GRADE-P3.DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 C4-SWPPP-GRADE-P3.DWG SAVED BY: SF SB-14 TITLE 100YR 100YR I OHL W SF W SF SWPPP SF 100YR GENERAL GRADING NOTES 100YR W I OHL SF SF 0 50 100 SHEET OHL I SCALE IN FEET S DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 26 SWPPP Page 94 of 517 BASIN J ---- ---- 27 I NWL = 906.00 I 100 YR HWL = 909.50 >> W W W W W W SOUTH PIT NWL = 900.67 100 YR HWL = 902.08 W SB-12 W W W W >> W SF W W W WET SF W WET W W W WET SF W W W W W WET SF W SF W W WET W SF W W SF WET W SF W SF W 100YR SF SF SF WET W 100YR SF W W W W SF SF 100YR SF W SF SF WET SF W W 100YR SF SB-13 W W SF W W SF W 100YR SF SF W SF BASIN X JERREMY D. FOSS 100 YR HWL = 904.86 SF W SF SF W W 100YR W SF W SF W SF WET WET DATE 2026-04-27 LIC. NO. 55871 SF WET W SF FP100 100YR SHEET NOT VALID UNLESS THIS TEXT IS COLOR. W SF SF W SF WET THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, W SF WET SF INC. AND MAY NOT BE USED, COPIED OR DUPLICATED W SF SF 100YR WITHOUT PRIOR WRITTEN CONSENT. WET SF SF FP100 © 2024 I & S GROUP, INC. WET WET W SF W SF FP100 WET FP100 W W W FP100 FP100 100YR PROJECT WET SF SF SF FP100 FP100 SF FP100 SF FP100 100YR W SF W W FP100 WET SF SF W SF WET W SF SF W W W FP100 W WET SF WET SF WET WET WET SF W FP100 SF SF SF W W FP100 FP100 FP100 WET W SF W SF SF SF WET WET SF 100YR SF GRADING LEGEND SF FP100 SF FP100 SF ELK RIVER MINNESOTA 100YR SF 101 W W 100YR SF SF 100YR REVISION SCHEDULE WET FP100 100YR DATE DESCRIPTION BY SF WET SF 100 FP100 BASIN W 100 YR HWL = 904.08 SF 100YR W SF W WET SF 100YR WET 100YR SF FP100 SF SF SF FP100 W W 100YR SF 100YR SF SF EROSION CONTROL LEGEND FP100 SF WET SF PROJECT NO. 25-26553 SYMBOL DESCRIPTION SF SF FP100 SF FP100 F FILE NAME 26553 C4-SWPPP-GRADE-P3 W W DRAWN BY DWG, MEB FP100 SF SB-18 DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- WET CLIENT PROJECT NO. - W W WET FP100 GS\PHASE 3\26553 C4-SWPPP-GRADE-P3.DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 C4-SWPPP-GRADE-P3.DWG SAVED BY: TITLE W W WET WET SWPPP FP100 WET W W 0 50 100 SHEET W GENERAL GRADING NOTES W FP100 SCALE IN FEET W W W W DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 27 SWPPP Page 95 of 517 ---- ---- 28 I I I I I I REMOVAL LEGEND I I I SYMBOL DESCRIPTION I I I I I I I I W I I > I W W I > > I >> I > I I >> >> I I W W W W I > W W I I I I I > > > > > SB-3 W W W I I W > SB-2 WET I >> W >> >> >> >> WET W W W W SB-1 SB-4 > I I > W WET I I > I > >> > > > W I I I I I W W >> W I > I >> W >> >> I W WET W > W SB-5 I I W I W I > > >> > >> SB-21 I I W I > >> W W WET I I W >> > > I W >> I >> W I I W I MB WET I > <II I I I OHL W WET JERREMY D. FOSS >> WET LS > LS I SB-10 W W >> W W I OHL W > I E SB-9 M W WET I SB-8 W W WET 2026-04-27 55871 I LIC. NO. > DATE I I I > <II >> W W > WET W OHL W >> >>>> I I >> THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, <II W W THISINC. ANDDOCUMENT MAY NOT IS BE THE USED, PROPERTY COPIED OF OR I &DUPLICATED S GROUP, I > WET > W INC.WITHOUT AND MAY PRIOR NOT WRITTEN BE USED, CONSENT. COPIED OR DUPLICATED WET W W WITHOUT© 2024 I & PRIORS GROUP, WRITTEN INC. CONSENT. OHL I W SB-6 I MB SB-11 > W W SB-7SB-7A PROJECT W OHL > > > W W W I W > >> I W OHL SB-12 W W > W I W W W W I W WET W W W OHL W W W W WET W W WET I W W W SB-13 OHL W W W W W WET WET Parcel 1 ELK RIVER MINNESOTA W WET I W FP100 SB-14 WET OHL WET REVISION SCHEDULE WET W WET FP100 W FP100 DATE DESCRIPTION BY W W FP100 WET WW WET WET WET WET W WET WET WET WET I W FP100 OHL WET WET WET W FP100 WET FP100 W FP100 W WET WW WET WET OHL WET I W SB-18FP100 WET FP100WET WET W FP100 WET SB-20 WET WET FP100 W W W FP100 OHL WET SB-17 I PROJECT NO. 25-26553 FP100 W FP100 SB-15 FILE NAME 26553 - 5 EXIST (P3) WET FP100 FP100 SB-19 WET W W WET DRAWN BY DWG, MEB W W FP100 OHL WET DESIGNED BY DWG, MEB W I W W W REVIEWED BY JDF FP100 ORIGINAL ISSUE DATE --/--/-- W W W WET FP100 FP100 FP100 FP100 FP100 CLIENT PROJECT NO. - WET WET I ET W X WET WET WET NGS\PHASE 3\26553 - 5 EXIST (P3).DWG WET TITLE FP100 WET FP100 W WET W WET SB-16 T FP100 WE WET WET WET WET I FP100 WET FP100 WET FP100 EXISTING SITE WET W W WET WET FP100 W W W W W PLAN WET W I W W WETFP100 W WET W W W W W FP100 FP100 W W W W WET W WET W FP100 W W WET WET W I W W WET FP100 FP100 W 0 200 400 SHEET WET WET W W WET W FP100WET WET W W SCALE IN FEET I FILE LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWI FILE LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 28 EXISTING SITE PLAN Page 96 of 517 ---- ---- 29 > <II I I I LEGEND W OHL LS W LS I I > W I OHL W W SB-8 I > W I OHL W W W W MB I SB-6 OHL 185TH COURT I W SB-7SB-7A W >> >> OHL W W I W FILMORE STREET W JERREMY D. FOSS W GRANT STREET NW W DATE 2026-04-27 LIC. NO. 55871 OHL THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, W THISINC. ANDDOCUMENT MAY NOT IS BE THE USED, PROPERTY COPIED OF OR I &DUPLICATED S GROUP, X INC.WITHOUT AND MAY PRIOR NOT WRITTEN BE USED, CONSENT. COPIED OR DUPLICATED I WITHOUT© 2024 I & PRIORS GROUP, WRITTEN INC. CONSENT. >> > PROJECT W W OHL W 100YR I W SB-13 W COUNTY HIGHWAY NO. 40 NO. HIGHWAY COUNTY BASIN X 100YR BASIN S 100 YR HWL = 904.86 Parcel 1 WET 100 YR HWL = 915.01 184TH LANE 100YRNW OHL 100YR I > ELK RIVER MINNESOTA FP100 WET FILMORE STREET REVISION SCHEDULE 100YR SB-14 DATE DESCRIPTION BY I FP100 >> WET 100YR WET OHL FP100 I PROJECT NO. 25-26553 100YR FILE NAME 26553 - 6 OVERALL (P3) DWG, MEB >> I DRAWN BY BASIN W DESIGNED BY DWG, MEB 100YR100 YR HWL = 904.08 REVIEWED BY JDF WET FP100 OHL ORIGINAL ISSUE DATE --/--/-- - 100YR CLIENT PROJECT NO. WET NGS\PHASE 3\26553 - 6 OVERALL (P3).DWG FP100 TITLE SB-18 FP100 WET I OVERALL UTILITY OHL PLAN EAST WET SB-17 0 80 160 FP100 SCALE IN FEET SHEET WET SB-15 W I FILE LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWI FILE LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 29 OVERALL UTILITY PLAN EAST Page 97 of 517 W ---- ---- 30 >> > I LEGENDW > >> I W I > > W > WET >> I >> I I > >> WET I W >> W >> WET I I W WET W >> WET I SB-10 >> I > EM SB-9 WET I W JERREMY D. FOSS 100YR I I I > W WET W <II >> DATE 2026-04-27 LIC. NO. 55871 > W WET > I I BASIN I 100100YR YR HWL = 911.95 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, KENNEDY STREET THISINC. ANDDOCUMENT MAY NOT IS BE THE USED, PROPERTY COPIED OF OR I &DUPLICATED S GROUP, 100YR > 185TH CIRCLE >> INC.WITHOUT AND MAY PRIOR NOT WRITTEN BE USED, CONSENT. COPIED OR DUPLICATED >> >>>> WITHOUT© 2024 I & PRIORS GROUP, WRITTEN INC. CONSENT. I <II PROJECT I WET > W > W 100YR WET > >> I I > SB-11 W W ELK RIVER MINNESOTA REVISION SCHEDULE I DATE DESCRIPTION BY > > I > >> >> > I W W > > PROJECT NO. 25-26553 SB-12 I FILE NAME 26553 - 6 OVERALL (P3) W DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- W WET W CLIENT PROJECT NO. - W NGS\PHASE 3\26553 - 6 OVERALL (P3).DWG TITLE W W W WET W OVERALL UTILITY W WET PLAN WEST 0 70W 140 W SCALE IN FEET W W SHEET W W WET W FILE LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWI FILE LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 30 OVERALL UTILITY PLAN WEST W Page 98 of 517 ---- ---- 31 100YR 100YR 100YR >> >> >> > >> > >> > I I >> > I >> > I >> > NOTE: THE CLARITY OF THESE PLANS DEPEND I UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN > ORIGINAL PLAN SET AND MAY RESULT IN I MISINTERPRETATION. >> > >> I > >> I I > >> I JERREMY D. FOSS I >> >> >> > >> >> >> >> >> >> >> >> I I > DATE 2026-04-27 LIC. NO. 55871 >> I 100YR >> THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, > > INC. AND MAY NOT BE USED, COPIED OR DUPLICATED I > > > 100YR I > > > > > > WITHOUT PRIOR WRITTEN CONSENT. >> FILMORE STREET 100YR >> PROJECT I I I > I I I I I I I I >> 100YR 100YR >> 100YR I > 184TH LANE NW 100YR I > BASIN S 100YR 100 YR HWL = 915.01 ELK RIVER MINNESOTA I 100YR REVISION SCHEDULE > DATE DESCRIPTION BY 100YR I > 100YR 100YR I > PROJECT NO. 25-26553 100YR FILE NAME 26553 - 7.1 P&P - EDISON (P3) I DRAWN BY DWG, MEB DESIGNED BY DWG, MEB 100YR > REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- 100YR CLIENT PROJECT NO. - I >> GS\PHASE 3\26553 - 7.1 P&P - EDISON (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 7.1 P&P - EDISON (P3).DWG SAVED BY: TITLE I >> 100YR I >> >> I I 100YR > I I >> I I >> 100YR I >> PLAN-A (FILMORE I >> SB-14 I I 100YR I STREET) 100YR I 100YR I I I 100YR 100YR >> 100YR 100YR SHEET 100YR 100Y 0 20 40 R YR 0 FILMORE STREET STATION 1100+00 TO 1505+25 SCALE IN FEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 31 PLAN-A (FILMORE STREET) Page 99 of 517 95 95 ---- ---- 32 940 940 935 935 930 930 925 925 920 920 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN 915 915 ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. 910 910 JERREMY D. FOSS DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, 905 905 INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT 900 900 895 895 ELK RIVER MINNESOTA 890 890 REVISION SCHEDULE DATE DESCRIPTION BY 885 885 PROJECT NO. 25-26553 FILE NAME 26553 - 7.1 P&P - EDISON (P3) 880 880 DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - 875 875 GS\PHASE 3\26553 - 7.1 P&P - EDISON (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 7.1 P&P - EDISON (P3).DWG SAVED BY: TITLE 870 870 PROFILE-A (FILMORE STREET) 916.47 916.85 917.22 917.60 917.97 918.35 918.72 919.05 919.23 919.25 919.11 918.87 918.62 918.38 918.32 918.48 918.86 906.0 909.3 909.5 909.8 910.1 909.1 908.6 909.2 908.9 908.4 907.9 908.7 908.4 908.0 907.4 906.1 905.2 905.1 905.2 905.4 865 1100+25 1100+50 1100+75 1101+00 1101+25 1101+50 1101+75 1102+00 1102+25 1102+50 1102+75 1103+00 1103+25 1103+50 1103+75 1104+00 1104+25 1104+50 1104+75 1105+00 865 SHEET FILMORE STREET 1100+00 TO 1505+25 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 32 PROFILE-A (FILMORE STREET) Page 100 of 517 ---- ---- 33 W W W W W W NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES SB-7SB-7A NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. JERREMY D. FOSS >> >> >> >> >> >> >> >> >> >> >> >> >> >> DATE 2026-04-27 LIC. NO. 55871 >> THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, >> INC. AND MAY NOT BE USED, COPIED OR DUPLICATED > > > > > > > > > > >> > > FILMORE STREET > WITHOUT PRIOR WRITTEN CONSENT. > > >> I I I I I I I I I I I I I PROJECT I I >> I > >> I > I > I > I >> > > I I > I >> > ELK RIVER MINNESOTA >> I I > REVISION SCHEDULE I > DATE DESCRIPTION BY I > I > I X I X > PROJECT NO. 25-26553 X FILE NAME 26553 - 7.1 P&P - EDISON (P3) I DRAWN BY DWG, MEB X > DESIGNED BY DWG, MEB REVIEWED BY JDF GRANT STREET NW ORIGINAL ISSUE DATE --/--/-- X CLIENT PROJECT NO. - X I GS\PHASE 3\26553 - 7.1 P&P - EDISON (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 7.1 P&P - EDISON (P3).DWG SAVED BY: TITLE X > I X PLAN-B (FILMORE X > I STREET) > 0 20 40 SHEET FILMORE STREET STATION 1104+75 TO 1110+00 SCALE IN FEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 33 PLAN-B (FILMORE STREET) Page 101 of 517 ---- ---- 34 945 945 940 940 935 935 930 930 925 925 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN 920 920 ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. 915 915 JERREMY D. FOSS DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, 910 910 INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT 905 905 900 900 ELK RIVER MINNESOTA 895 895 REVISION SCHEDULE DATE DESCRIPTION BY 890 890 PROJECT NO. 25-26553 885 885 FILE NAME 26553 - 7.1 P&P - EDISON (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - 880 880 GS\PHASE 3\26553 - 7.1 P&P - EDISON (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 7.1 P&P - EDISON (P3).DWG SAVED BY: TITLE 875 875 PROFILE-B (FILMORE STREET) 918.86 919.44 920.06 920.69 921.31 921.94 922.56 923.19 923.81 924.42 924.99 925.53 926.02 926.47 926.89 927.28 927.67 928.06 928.45 928.84 905.4 905.2 905.3 905.9 907.0 907.7 909.5 910.2 911.5 917.6 921.1 926.3 926.6 924.0 924.4 925.1 926.2 925.4 925.7 924.7 870 1105+00 1105+25 1105+50 1105+75 1106+00 1106+25 1106+50 1106+75 1107+00 1107+25 1107+50 1107+75 1108+00 1108+25 1108+50 1108+75 1109+00 1109+25 1109+50 1109+75 870 SHEET FILMORE STREET STATION 1104+75 TO 1110+00 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 34 PROFILE-B (FILMORE STREET) Page 102 of 517 ---- ---- 35 > I > I > I > I > I > I I I > I I > I FILMORE STREET I >> >> >> I > >> I I I I I I > I > > > I > > > I I I I NOTE: I >> I I I I I I THE CLARITY OF THESE PLANS DEPEND I I UPON COLOR COPIES. IF THIS TEXT DOES I NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN > MISINTERPRETATION. >> >> I > JERREMY D. FOSS I DATE 2026-04-27 LIC. NO. 55871 > THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED I WITHOUT PRIOR WRITTEN CONSENT. PROJECT > I 185TH LANE NW > I > I ELK RIVER MINNESOTA REVISION SCHEDULE > >> DATE DESCRIPTION BY > >> I >> >> >> >> >> >> >> >> >> >> >> >> >> I > PROJECT NO. 25-26553 FILE NAME 26553 - 7.1 P&P - EDISON (P3) I DRAWN BY DWG, MEB DESIGNED BY DWG, MEB > REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- I CLIENT PROJECT NO. - I > GS\PHASE 3\26553 - 7.1 P&P - EDISON (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 7.1 P&P - EDISON (P3).DWG SAVED BY: TITLE I > PLAN-C (FILMORE STREET) I SHEET 0 20 40 FILMORE STREET STATION 1109+50 TO 1114+75 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 SCALE IN FEET 35 PLAN-C (FILMORE STREET) Page 103 of 517 ---- ---- 36 940 940 935 935 930 930 925 925 920 920 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN 915 915 ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. 910 910 JERREMY D. FOSS DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, 905 905 INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT 900 900 895 895 ELK RIVER MINNESOTA 890 890 REVISION SCHEDULE DATE DESCRIPTION BY 885 885 PROJECT NO. 25-26553 880 880 FILE NAME 26553 - 7.1 P&P - EDISON (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - 875 875 GS\PHASE 3\26553 - 7.1 P&P - EDISON (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 7.1 P&P - EDISON (P3).DWG SAVED BY: TITLE 870 870 PROFILE-C (FILMORE STREET) 928.84 929.23 929.60 929.82 929.84 929.68 929.32 928.78 928.06 927.31 926.56 925.81 925.06 924.31 923.56 924.7 923.1 923.4 925.6 929.7 930.6 930.5 930.7 930.7 932.9 934.8 935.4 933.4 927.1 923.5 922.9 922.3 921.7 921.0 920.4 865 1109+75 1110+00 1110+25 1110+50 1110+75 1111+00 1111+25 1111+50 1111+75 1112+00 1112+25 1112+50 1112+75 1113+00 1113+25 1113+50 1113+75 1114+00 1114+25 1114+50 865 SHEET FILMORE STREET STATION 1109+50 TO 1114+75 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 36 PROFILE-C (FILMORE STREET) Page 104 of 517 ---- ---- 37 > I SB-14 >> I > >> 100YR 100YR 100YR I 100YR 100YR > >> 100YR 100YR 100YR >> I 100YR 100YR > I >> = 915.01 100YR >> BASIN S > 100YR I >> 100 YR HWL 100YR > I 100YR NOTE: 100YR THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES > I NOT APPEAR IN COLOR, THIS IS NOT AN 100YR ORIGINAL PLAN SET AND MAY RESULT IN 100YR MISINTERPRETATION. 100YR 100YR 100YR 100YR 100YR I > JERREMY D. FOSS I > WET >> >> DATE 2026-04-27 LIC. NO. 55871 >> THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, > INC. AND MAY NOT BE USED, COPIED OR DUPLICATED > > > > > > WITHOUT PRIOR WRITTEN CONSENT. > >> 184TH LANE NW >> WET >> I PROJECT I I I I I I > WET FP100 >> >> I I > WET FP100 >> >> I I > ELK RIVER MINNESOTA WET REVISION SCHEDULE FP100 >> I >> DATE DESCRIPTION BY I > I >> >> I FP100 WET >> > I I PROJECT NO. 25-26553 >> FILE NAME 26553 - 7.2 P&P - ROAD I (P3) FP100 >> > DRAWN BY DWG, MEB WET DESIGNED BY DWG, MEB I I REVIEWED BY JDF FILMORE STREET >> ORIGINAL ISSUE DATE --/--/-- >> 100YR >> > WET >> - >> FP100 CLIENT PROJECT NO. >> I >> 100YR GS\PHASE 3\26553 - 7.2 P&P - ROAD I (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 7.2 P&P - ROAD I (P3).DWG I >> 100YR TITLE >> >> 100YR > 100YR WET >> FP100 I I 100YR PLAN-D (184TH 100YR LANE NW) > >> FP100 I I 100YR WET SHEET 100YR 0 20 40 184TH LANE NW STATION 1200+00 TO 1205+25 SCALE IN FEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 37 PLAN-D (184TH LANE NW) Page 105 of 517 940 O 940 ---- ---- 38 935 935 930 930 925 925 920 920 915 915 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN 910 910 ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. 905 905 JERREMY D. FOSS DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, 900 900 INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT 895 895 890 890 ELK RIVER MINNESOTA 885 885 REVISION SCHEDULE DATE DESCRIPTION BY 880 880 PROJECT NO. 25-26553 FILE NAME 26553 - 7.2 P&P - ROAD I (P3) 875 875 DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - 870 870 GS\PHASE 3\26553 - 7.2 P&P - ROAD I (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 7.2 P&P - ROAD I (P3).DWG TITLE 865 865 PROFILE-D (184TH LANE NW) 919.25 919.02 919.17 919.33 919.48 919.64 919.79 919.94 920.10 920.25 920.31 920.21 919.94 919.51 919.01 918.51 918.06 919.2 919.0 919.2 919.3 919.5 919.6 919.8 919.9 920.1 920.3 920.3 920.2 919.9 919.5 919.0 918.5 918.1 860 1200+25 1200+50 1200+75 1201+00 1201+25 1201+50 1201+75 1202+00 1202+25 1202+50 1202+75 1203+00 1203+25 1203+50 1203+75 1204+00 1204+25 1204+50 1204+75 1205+00 860 SHEET 184TH LANE NW STATION 1200+00 TO 1205+25 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 38 PROFILE-D (184TH LANE NW) Page 106 of 517 ---- ---- 39 > I > I > I > I I > I > NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN FILMORE STREET I ORIGINAL PLAN SET AND MAY RESULT IN > MISINTERPRETATION. I > JERREMY D. FOSS >> I 2026-04-27 55871 >> DATE LIC. NO. > THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. I >> PROJECT > > > > GRANT STREET NW > >> > > I I I I I > I >> I > I I X X X X X X >> X X > X I ELK RIVER MINNESOTA REVISION SCHEDULE >> DATE DESCRIPTION BY > I >> I > PROJECT NO. 25-26553 26553 - 7.3 P&P - ROAD L (P3) I FILE NAME DRAWN BY DWG, MEB >> DESIGNED BY DWG, MEB > REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- I CLIENT PROJECT NO. - >> GS\PHASE 3\26553 - 7.3 P&P - ROAD L (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 7.3 P&P - ROAD L (P3).DWG > TITLE I >> PLAN-E (GRANT STREET NW) I > >> SHEET 0 20 40 I GRANT STREET NW STATION 1500+00 TO 1505+25 SCALE IN FEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 39 PLAN-E (GRANT STREET NW) Page 107 of 517 ---- ---- 40 950 950 945 945 940 940 935 935 930 930 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN 925 925 ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. 920 920 JERREMY D. FOSS DATE 2026-04-27 LIC. NO. 55871 915 915 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT 910 910 905 905 ELK RIVER MINNESOTA 900 900 REVISION SCHEDULE DATE DESCRIPTION BY 895 895 PROJECT NO. 25-26553 890 890 FILE NAME 26553 - 7.3 P&P - ROAD L (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - 885 885 GS\PHASE 3\26553 - 7.3 P&P - ROAD L (P3).DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 - 7.3 P&P - ROAD L (P3).DWG TITLE 880 880 PROFILE-E (GRANT STREET NW) 927.35 927.43 928.34 929.26 930.17 931.08 931.74 932.01 931.89 931.38 930.72 930.06 929.41 928.75 928.09 927.44 926.78 916.1 917.3 921.8 925.2 927.2 930.8 933.0 934.2 934.7 935.2 931.8 928.6 928.0 928.8 928.4 927.2 924.6 922.2 921.3 919.6 875 1500+25 1500+50 1500+75 1501+00 1501+25 1501+50 1501+75 1502+00 1502+25 1502+50 1502+75 1503+00 1503+25 1503+50 1503+75 1504+00 1504+25 1504+50 1504+75 1505+00 875 SHEET GRANT STREET NW STATION 1500+00 TO 1505+25 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 40 PROFILE-E (GRANT STREET NW) Page 108 of 517 ---- ---- 41 > I I SB-6 I >> I I I I >> I I I >> I >> I I I I I I I > >> I > NOTE: THE CLARITY OF THESE PLANS DEPEND I > UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN >> ORIGINAL PLAN SET AND MAY RESULT IN I > I MISINTERPRETATION. >> > I > >> I I >> I > JERREMY D. FOSS > I > I > I I I I I I I >> DATE 2026-04-27 LIC. NO. 55871 > I >> THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, > > > > > > > >> INC. AND MAY NOT BE USED, COPIED OR DUPLICATED 185TH COURT WITHOUT PRIOR WRITTEN CONSENT. PROJECT >> >> I > >> >> >> I > >> I > ELK RIVER MINNESOTA REVISION SCHEDULE I >> DATE DESCRIPTION BY > I >> > I PROJECT NO. 25-26553 FILMORE STREET FILE NAME 26553 - 7.4 P&P - ROAD M (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF --/--/-- I ORIGINAL ISSUE DATE > CLIENT PROJECT NO. - GS\PHASE 3\26553 - 7.4 P&P - ROAD M (P3).DWG SAVED BY: MAGGIE.BROWN GS\PHASE 3\26553 - 7.4 P&P - ROAD M (P3).DWG TITLE I > I PLAN-F (185TH > COURT NW) I > SHEET 0 20 40 185TH COURT STATION 1400+00 TO 1405+25 SCALE IN FEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 41 PLAN-F (185TH COURT NW) Page 109 of 517 ---- ---- 42 945 945 940 940 935 935 930 930 925 925 NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN 920 920 ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. 915 915 JERREMY D. FOSS DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, 910 910 INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. PROJECT 905 905 900 900 ELK RIVER MINNESOTA 895 895 REVISION SCHEDULE DATE DESCRIPTION BY 890 890 PROJECT NO. 25-26553 885 885 FILE NAME 26553 - 7.4 P&P - ROAD M (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - 880 880 GS\PHASE 3\26553 - 7.4 P&P - ROAD M (P3).DWG SAVED BY: MAGGIE.BROWN GS\PHASE 3\26553 - 7.4 P&P - ROAD M (P3).DWG TITLE 875 875 PROFILE-F (185TH COURT NW) 925.25 926.07 926.88 927.69 928.49 929.18 929.76 930.24 930.62 931.00 931.37 931.75 932.12 932.50 921.3 925.6 930.7 935.5 937.7 936.8 936.7 937.3 937.5 937.9 940.0 941.8 942.4 942.6 942.4 942.1 941.9 941.4 941.0 940.6 870 1400+25 1400+50 1400+75 1401+00 1401+25 1401+50 1401+75 1402+00 1402+25 1402+50 1402+75 1403+00 1403+25 1403+50 1403+75 1404+00 1404+25 1404+50 1404+75 1405+00 870 SHEET 185TH COURT STATION 1400+00 TO 1405+25 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 42 PROFILE-F (185TH COURT NW) Page 110 of 517 ---- ---- 43 > I >> > I >> > I >> > I I I I I I I I I I I I I > > I > >> > >> > I I 185TH CIRCLE > > I > > > I > > I > I > > > > > >> >> I >> >> >> >> >> > I >> >> >> NOTE: THE CLARITY OF THESE PLANS DEPEND >> UPON COLOR COPIES. IF THIS TEXT DOES > I NOT APPEAR IN COLOR, THIS IS NOT AN KENNEDY STREET KENNEDY ORIGINAL PLAN SET AND MAY RESULT IN >> >> MISINTERPRETATION. > I >> JERREMY D. FOSS I > 0 20 40 DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, 185TH CIRCLE STATION 900+00 TO 205+25 INC. AND MAY NOT BE USED, COPIED OR DUPLICATED SCALE IN FEET WITHOUT PRIOR WRITTEN CONSENT. 930 930 PROJECT 925 925 920 920 ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY 915 915 910 910 PROJECT NO. 25-26553 FILE NAME 26553 - 7.6 P&P - 185TH CIRCLE (P3) DRAWN BY DWG, MEB 905 905 DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 7.6 P&P - 185TH CIRCLE (P3).DWG SAVED BY: MAGGIE.BROWN GS\PHASE 3\26553 - 7.6 P&P - 185TH CIRCLE (P3).DWG TITLE 900 900 PLAN & PROFILE 895 895 (185TH CIRCLE) SHEET 921.90 922.14 922.23 922.13 921.98 921.83 921.68 921.53 921.38 921.23 921.08 920.93 920.78 920.63 918.0 917.8 917.3 917.4 917.2 917.5 918.6 920.2 918.9 916.8 914.8 913.5 912.7 911.6 911.3 910.6 910.2 910.1 911.2 914.3 890 900+25 900+50 900+75 901+00 901+25 901+50 901+75 902+00 902+25 902+50 902+75 903+00 903+25 903+50 903+75 904+00 904+25 904+50 904+75 905+00 890 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 43 PLAN & PROFILE (185TH CIRCLE) Page 111 of 517 ---- ---- 44 I > I > I > I > I I I > > I > I > I 185TH CIRCLE 185TH > I > I > I > > I > I I >> >> > > >> >> >> >> >> >> >> >> >> > I > I I >> > I > > > I > > KENNEDY> STREET> > >> I I I I I I I I I I I I NOTE: THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. JERREMY D. FOSS 0 20 40 DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, KENNEDY ST STATION 209+25 TO 214+50 INC. AND MAY NOT BE USED, COPIED OR DUPLICATED SCALE IN FEET WITHOUT PRIOR WRITTEN CONSENT. PROJECT 935 935 930 930 ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY 925 925 920 920 PROJECT NO. 25-26553 FILE NAME 26553 - 7.5 P&P - KENNEDY ST (P3) DRAWN BY DWG, MEB 915 915 DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 7.5 P&P - KENNEDY ST (P3).DWG SAVED BY: MAGGIE.BROWN GS\PHASE 3\26553 - 7.5 P&P - KENNEDY ST (P3).DWG 910 910 TITLE PLAN & PROFILE 905 905 (KENNEDY) SHEET 927.68 926.86 928.50 930.86 932.39 932.03 929.74 927.68 923.27 919.63 917.92 917.01 916.59 917.27 918.49 918.46 916.54 915.46 921.19 921.06 927.7 926.9 928.5 930.9 932.4 932.0 929.7 927.7 923.3 919.6 917.9 917.0 916.6 917.3 918.5 918.5 916.5 915.5 921.2 921.1 900 1+75 2+00 2+25 2+50 2+75 3+00 3+25 3+50 3+75 4+00 4+25 4+50 4+75 5+00 5+25 5+50 5+75 6+00 6+25 6+50 900 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 44 PLAN & PROFILE (KENNEDY) Page 112 of 517 ---- ---- 45 > I I > 185TH CIRCLE I > I > I I I >> > > >> > I I > I I I >> > I I I I > I > I > I I > I KENNEDY STREET I I > >> > I I > I > > I > > I > > I I I I I I I >> I I NOTE: I THE CLARITY OF THESE PLANS DEPEND I UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. I JERREMY D. FOSS I 0 20 40 DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, KENNEDY ST STATION 204+50 TO 209+75 INC. AND MAY NOT BE USED, COPIED OR DUPLICATED SCALE IN FEET WITHOUT PRIOR WRITTEN CONSENT. PROJECT 935 935 930 930 ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY 925 925 920 920 PROJECT NO. 25-26553 FILE NAME 26553 - 7.5 P&P - KENNEDY ST (P3) DRAWN BY DWG, MEB 915 915 DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 7.5 P&P - KENNEDY ST (P3).DWG SAVED BY: MAGGIE.BROWN GS\PHASE 3\26553 - 7.5 P&P - KENNEDY ST (P3).DWG 910 910 TITLE PLAN & PROFILE 905 905 (KENNEDY) SHEET 921.32 922.08 923.75 925.25 926.67 927.91 927.68 926.86 928.50 930.86 932.39 932.03 929.74 927.68 923.27 919.63 917.92 917.01 916.59 917.27 921.3 922.1 923.7 925.3 926.7 927.9 927.7 926.9 928.5 930.9 932.4 932.0 929.7 927.7 923.3 919.6 917.9 917.0 916.6 917.3 900 0+25 0+50 0+75 1+00 1+25 1+50 1+75 2+00 2+25 2+50 2+75 3+00 3+25 3+50 3+75 4+00 4+25 4+50 4+75 5+00 900 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 45 PLAN & PROFILE (KENNEDY) Page 113 of 517 ---- ---- 46 0 1 100YR >> 100YR 100YR >> SB-13 > >> > >> 100YR 100YR I > >> >> BASIN X I = 904.86 > 100 YR HWL >> > I >> 100YR 100YR I > >> FILMORE STREETI > >> I >> >> >> >> >> >> > I 100YR 100YR > I I WET I I I I I WET I I >> 100YR 100YR WET NOTE: THE CLARITY OF THESE PLANS DEPEND WET UPON COLOR COPIES. IF THIS TEXT DOES WET NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN I 100YR MISINTERPRETATION. 100YR WET WET 100YR JERREMY D. FOSS 100YR I 0 20 40 DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, FILMORE ST STORM STATION 3+00 TO 0-50 INC. AND MAY NOT BE USED, COPIED OR DUPLICATED SCALE IN FEET WITHOUT PRIOR WRITTEN CONSENT. PROJECT 920 920 915 915 ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY 910 910 905 905 PROJECT NO. 25-26553 FILE NAME 26553 - 7.5 P&P - KENNEDY ST (P3) DRAWN BY DWG, MEB 900 900 DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 7.5 P&P - KENNEDY ST (P3).DWG SAVED BY: MAGGIE.BROWN GS\PHASE 3\26553 - 7.5 P&P - KENNEDY ST (P3).DWG 895 895 TITLE PLAN & PROFILE 890 890 (STORM 1) SHEET 903.00 903.00 905.00 905.95 907.20 912.11 915.90 916.10 915.35 916.03 903.0 903.0 905.0 905.9 907.2 912.1 915.9 916.1 915.4 916.0 885 2+75 2+50 2+25 2+00 1+75 1+50 1+25 1+00 0+75 0+50 0+25 0+00 -0+25 885 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 46 PLAN & PROFILE (STORM 1) Page 114 of 517 100Y ---- ---- 47 WET 100YR 100YR 100YR FP100 100YR WET 100YR 100 YR HWL 100YR BASIN X FP100 100YR = 904.86 100YR WET 100YR FP100 100YR 100YR 100YR 100YR 100YR WET 100YR >> 100YR 100YR FP100 WET 100YR >> 100YR FP100 100YR 100YR I NOTE: WET I >> THE CLARITY OF THESE PLANS DEPEND WET UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN FP100 WET ORIGINAL PLAN SET AND MAY RESULT IN WET I MISINTERPRETATION. I >> WET FP100 I I >> JERREMY D. FOSS I 0 20 40 DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, BASIN X STORM STATION 1+25 TO 0-50 INC. AND MAY NOT BE USED, COPIED OR DUPLICATED SCALE IN FEET WITHOUT PRIOR WRITTEN CONSENT. PROJECT 915 915 910 910 ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY 905 905 900 900 PROJECT NO. 25-26553 FILE NAME 26553 - 7.5 P&P - KENNEDY ST (P3) DRAWN BY DWG, MEB 895 895 DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 7.5 P&P - KENNEDY ST (P3).DWG SAVED BY: MAGGIE.BROWN GS\PHASE 3\26553 - 7.5 P&P - KENNEDY ST (P3).DWG 890 890 TITLE PLAN & PROFILE 885 885 (STORM 2) SHEET 901.72 903.62 898.7 898.71 901.7 903.6 880 1+00 0+75 0+50 0+25 0+00 -0+25 880 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 47 PLAN & PROFILE (STORM 2) Page 115 of 517 I I I ---- ---- 48 I I 100YR I I >> I >> >> I >> I >> >> >> I I >> 00Y I R 100YR I 100YR > 100YR 100YR 100YR 100YR >> 100YR 100YR 100YR 100YR 100YR >> 100YR 100YR FP100 100YR 100YR 100 YRBASIN HWL W >> 100YR 100YR = 904.08 FP100 100YR 100YR >> FP100 100YR >> 100YR 100YR FP100 NOTE: 100YR >> THE CLARITY OF THESE PLANS DEPEND 100YR UPON COLOR COPIES. IF THIS TEXT DOES FP100 NOT APPEAR IN COLOR, THIS IS NOT AN 100YR ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. >> FP100 100YR 100YR FP100 JERREMY D. FOSS >> FP100 DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WET WITHOUT PRIOR WRITTEN CONSENT. FP100 WET PROJECT 0 20 40 184TH LANE STORM STATION 4+75 TO 0-50 SCALE IN FEET 920 920 ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY 915 915 910 910 PROJECT NO. 25-26553 FILE NAME 26553 - 7.5 P&P - KENNEDY ST (P3) DRAWN BY DWG, MEB 905 905 DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 7.5 P&P - KENNEDY ST (P3).DWG SAVED BY: MAGGIE.BROWN GS\PHASE 3\26553 - 7.5 P&P - KENNEDY ST (P3).DWG 900 900 TITLE PLAN & PROFILE 895 895 (STORM 3) SHEET 900.11 901.53 902.63 908.09 904.78 905.31 907.05 907.62 908.92 906.51 910.61 909.51 908.47 908.16 907.28 906.31 898.6 898.59 899.1 899.06 900.1 901.5 902.6 908.1 904.8 905.3 907.1 907.6 908.9 906.5 910.6 909.5 908.5 908.2 907.3 906.3 890 4+50 4+25 4+00 3+75 3+50 3+25 3+00 2+75 2+50 2+25 2+00 1+75 1+50 1+25 1+00 0+75 0+50 0+25 0+00 -0+25 890 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 48 PLAN & PROFILE (STORM 3) Page 116 of 517 ---- ---- 49 > 185TH COURT I > I > I > I > I >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> I > NOTE: I THE CLARITY OF THESE PLANS DEPEND UPON COLOR COPIES. IF THIS TEXT DOES > NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN I MISINTERPRETATION. 100 YR HWL I > BASIN JERREMY D. FOSS = 915R I > .2 0 20 40 DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, 185TH COURT STORM STATION 00-25 TO 5+00 INC. AND MAY NOT BE USED, COPIED OR DUPLICATED SCALE IN FEET WITHOUT PRIOR WRITTEN CONSENT. PROJECT 940 940 935 935 ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY 930 930 925 925 PROJECT NO. 25-26553 FILE NAME 26553 - 7.5 P&P - KENNEDY ST (P3) DRAWN BY DWG, MEB 920 920 DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 7.5 P&P - KENNEDY ST (P3).DWG SAVED BY: MAGGIE.BROWN GS\PHASE 3\26553 - 7.5 P&P - KENNEDY ST (P3).DWG 915 915 TITLE PLAN & PROFILE 910 910 (STORM 4) SHEET 941.11 941.19 941.70 940.88 939.04 938.51 937.83 938.00 941.34 935.60 929.28 922.94 919.87 919.24 918.60 917.97 917.41 917.23 917.04 911.91 941.1 941.2 941.7 940.9 939.0 938.5 937.8 938.0 941.3 935.6 929.3 922.9 919.9 919.2 918.6 918.0 917.4 917.2 917.0 911.9 905 0+00 0+25 0+50 0+75 1+00 1+25 1+50 1+75 2+00 2+25 2+50 2+75 3+00 3+25 3+50 3+75 4+00 4+25 4+50 4+75 905 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 49 PLAN & PROFILE (STORM 4) Page 117 of 517 I ---- ---- 50 SB-6 I I I I I I >> I I I >> I I I >> I >> >> >> >> >> >> >> >> >> >> >> >> >> >> >> I I I I NOTE: THE CLARITY OF THESE PLANS DEPEND L OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL OHL UPON COLOR COPIES. IF THIS TEXT DOES NOT APPEAR IN COLOR, THIS IS NOT AN ORIGINAL PLAN SET AND MAY RESULT IN MISINTERPRETATION. I I I I I I I I I I I I I I I I I I I I I I I I I I I I JERREMY D. FOSS 0 20 40 DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, EAST STORM STATION 00-25 TO 5+00 INC. AND MAY NOT BE USED, COPIED OR DUPLICATED SCALE IN FEET WITHOUT PRIOR WRITTEN CONSENT. 945 945 PROJECT 940 940 935 935 ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY 930 930 925 925 PROJECT NO. 25-26553 FILE NAME 26553 - 7.5 P&P - KENNEDY ST (P3) DRAWN BY DWG, MEB DESIGNED BY DWG, MEB 920 920 REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 7.5 P&P - KENNEDY ST (P3).DWG SAVED BY: MAGGIE.BROWN GS\PHASE 3\26553 - 7.5 P&P - KENNEDY ST (P3).DWG TITLE 915 915 PLAN & PROFILE (STORM 5) 910 910 SHEET 933.22 934.61 935.18 934.14 934.63 934.92 933.40 934.42 934.98 934.94 935.03 934.69 934.34 935.06 934.23 929.84 923.59 917.44 911.39 933.2 934.6 935.2 934.1 934.6 934.9 933.4 934.4 935.0 934.9 935.0 934.7 934.3 935.1 934.2 929.8 923.6 917.4 911.4 905 0+00 0+25 0+50 0+75 1+00 1+25 1+50 1+75 2+00 2+25 2+50 2+75 3+00 3+25 3+50 3+75 4+00 4+25 4+50 4+75 905 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 50 PLAN & PROFILE (STORM 5) Page 118 of 517 ---- ---- 51 100YR I 100YR BASIN= I 911.95 I 100YR 100 YR HWL I 100YR 100YR I 100YR 100YR I 100YR 100YR I > >> >> >> >> >> >> >> I > >> I > >> 100YR >> 100YR I > >> I > >> NOTE: I 185TH CIRCLE 100YR >> > THE CLARITY OF THESE PLANS DEPEND 100YR >> UPON COLOR COPIES. IF THIS TEXT DOES I NOT APPEAR IN COLOR, THIS IS NOT AN > ORIGINAL PLAN SET AND MAY RESULT IN >> I MISINTERPRETATION. 100YR > I 100YR > 100YR JERREMY D. FOSS I 0 20 40 DATE 2026-04-27 LIC. NO. 55871 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, 185TH CIRCLE STORM STATION 00-50 TO 3+00 INC. AND MAY NOT BE USED, COPIED OR DUPLICATED SCALE IN FEET WITHOUT PRIOR WRITTEN CONSENT. PROJECT 930 930 925 925 ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY 920 920 915 915 PROJECT NO. 25-26553 FILE NAME 26553 - 7.5 P&P - KENNEDY ST (P3) DRAWN BY DWG, MEB 910 910 DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 7.5 P&P - KENNEDY ST (P3).DWG SAVED BY: MAGGIE.BROWN GS\PHASE 3\26553 - 7.5 P&P - KENNEDY ST (P3).DWG 905 905 TITLE PLAN & PROFILE 900 900 (STORM 6) SHEET 910.64 912.55 913.71 914.40 914.90 913.99 912.92 912.00 909.00 909.00 910.6 912.5 913.7 914.4 914.9 914.0 912.9 912.0 909.0 909.0 895 -0+25 0+00 0+25 0+50 0+75 1+00 1+25 1+50 1+75 2+00 2+25 2+50 2+75 895 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 51 PLAN & PROFILE (STORM 6) Page 119 of 517 Page 120 of 517 > > > > > > > I > I SB-8 <II< II W I W W W W W LS W W LS W W W W W W W W W W W W W W W W I W W W W W W OHL W I I I I I I I I I I > I W W W W W I L ---- ---- 52 W W W W W H OHLOH SB-7SB-7ASB- W -77A W W W W W 185TH118185 COURT 858 55T FP100 100YR100Y101 THT SB-13 00Y 3 HHC WET R WET HL I COCOUC OHLO FILMOREFIFFILIILMILLLMLMOMOMMORORRESE STRSSTSTREETTRTRREEEEETET OUOUR 10000 YRRBASINBA HWLASIN = 904.86X G G G G G G G G G G G G G G G G G G G G G G G G GRA GR GRA G G G G G G G G G GRA GRA GRA N X NW STREET GRANT U HWLH RRT 100YR100 = 904.86 T ANT NT NT NT NT SB-6S FP100 T T T T T T T 100YR 100Y 100 00Y L X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 0Y H S S S S S S S ST ST ST ST ST ST S S S S S S S S ST ST ST ST ST ST STR S S S S S S S S ST ST ST ST ST ST S I Y Y Y Y Y Y Y WET YR OHLO T T T T TR TR TR TR T T T T TR TR TR TR T T T T TR TR TR TR R R I MB R R R R R R R R R R R R RE R R R R R I I I I I I I I I I I I I I I I I EET EE E E T FILMOREFFILFIILILMOREMORMOMOREREEESEST SSTREETTTREETTRETREETRREREETE EET ET WET ETET NW ET R R T T T 184TH1841 LANE NW N FP100 100 YRBASIN HWL = 915.01S N 100YR1001 0000YRH YR HWL 100Y 100YR 00YR00Y N S 100YR W W 0YR0 4 = 9 1 OHL NGS\PHASE 3\26553 - 6.1 HYDRANT (P3).DWG TH 5. R 01 HHL I LAL ANA N R I 100YR 100YR 100Y 100YR E N SB-14SBB-14 WET R 100YR100Y L FP100FFP1 0Y0YR OHLO 100 Y 10000 YRBASINBBASI HWL = W904.08 W 100YR1100Y100 R RRH HWLN W JERREMY D. FOSS = DATE 904. 08 O40I 2026-04-27 W NO 40 R THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, FILE LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWI Y THISINC. ANDDOCUMENT MAY NOT IS BETHE USED, PROPERTY COPIEDLIC. OFNO. OR I & DUPLICATED S GROUP, SB-18SB-1 0Y 8 00 INC.WITHOUT AND MAY PRIOR NOT WRITTEN BE USED, CONSENT. COPIED OR DUPLICATED 100YR100Y WITHOUT© 2024 I & PRIORS GROUP, WRITTEN INC. CONSENT. 55871 FP100F Parcel 1 OHL T PROJECT WETW WET I FP100FP10 WET 0 OHL COUNTY HIGHWAY NO. 40 ELK MINNESOTA RIVER I FP100 DATE REVISION SCHEDULE SB-17 OHL WET DESCRIPTION BY I PROJECT NO. OHL FILE NAME DRAWN BY 25-26553 DESIGNED BY 26553 - 6.1 HYDRANT (P3) REVIEWED BY DWG, MEB ORIGINAL ISSUE DATE DWG, MEB CLIENT PROJECT NO. JDF I --/--/-- OHL TITLE - SB-15 0 HYDRANT 016080 COVERAGE PLAN SCALE IN FEET I EAST SHEET 52 HYDRANT COVERAGE PLAN EAST OF Page 121 of 517 W I I > > > W > WET >> > >> >> >> >> >> >> W I I W I I I I I > > >> >> > >> >> > > > > > > > > > > > > I > > > >>> > W > > > > > > > > > I > W ---- ---- 53 >> > I >> I I > >> >> >> I I W WETW W >> W W > > > > >> >> > > I SB-10B-1 EM W EM I W I I I I WET WET WE >> >> >> > W <II > > > WET > I WET I I I T <IIIII W K K K K KE KE KE KE KE K K K K KE KE K K K K K K K KENNEDY STREET KENNEDY WETWEETET E E E EN EN ENNE E E E E E E E EN EN E E E WET E N N N N N N NN N N N N N N N WET WE N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N NE NE W E E E E E E E E E ED ED E E E 100YR100Y100 ET 00Y ET SB-9 I I I 0Y0YR D D D D D D D D D D D D D D D D D DY DY > D I WET W W W 185TH11885TH8585TH5THTH CIRCCIR R WET I I Y S Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y I SB-11 Y W WET S S S S S S S S WET > > > BASINBAS I > TR TRE TR TRE 1001 YR HWLSIS N= 911.95I W 000 YR HW WL R R RE R R RE L = 911 .9595 I E EET EET E E E E EET EET E E E E E E E E E E E E E E E E E E E R JERREMY D. FOSS I I I I I I I I 100Y 100YR Y 100YR ET ET > 0YR > 00 R R T R T 100YR10100Y W DATE 2026-04-27 >>>>>>>>> LIC. NO. 55871 > > THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, THISINC. ANDDOCUMENT MAY NOT IS BETHE USED, PROPERTY COPIED OF OR I & DUPLICATED S GROUP, INC.WITHOUT AND MAY PRIOR NOT WRITTEN BE USED, CONSENT. COPIED OR DUPLICATED WITHOUT© 2024 I & PRIORS GROUP, WRITTEN INC. CONSENT. > > > W > PROJECT W W I W > > > > > > > > > > > > > > > > > > > > > > > >> I W NGS\PHASE 3\26553 - 6.1 HYDRANT (P3).DWG W W W W ELK RIVER MINNESOTA SB-12SB-112 DATE REVISION SCHEDULE DESCRIPTION BY WET W W WET FILE LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWI W T W W WET WET W W PROJECT NO. FILE NAME 25-26553 DRAWN BY 26553 - 6.1 HYDRANT (P3) DESIGNED BY W DWG, MEB REVIEWED BY DWG, MEB ORIGINAL ISSUE DATE JDF WET CLIENT PROJECT NO. --/--/-- WET W - W WET TITLE W W W W HYDRANT W 0 80 160 COVERAGE PLAN W SCALE IN FEET FP100 WET W WEST FP100W WET WET FP100 SHEET 53 HYDRANT COVERAGE PLAN WEST OF W ---- ---- 54 W W WET W W W W WET W W W W W W WET W W W WET W W W W W W WET WET WET WET WET WET WET WET WET WET WET WET WET WET WET WET WET WET WET WET WET WET WET WET JERREMY D. FOSS WET WET WET WET T ET DATE 2026-04-27 LIC. NO. 55871 WE W SHEET NOT VALID UNLESS THIS TEXT IS COLOR. 0 20 40 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, SOUTH SHORE TRAIL STATION 0+00 TO 3+50 INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. SCALE IN FEET © 2024 I & S GROUP, INC. PROJECT 920 920 915 915 ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY 910 910 905 905 PROJECT NO. 25-26553 FILE NAME 26553 - 7.8 P&P - TRAILS (P3) DRAWN BY DWG, MEB 900 900 DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 7.8 P&P - TRAILS (P3).DWG SAVED BY: GS\PHASE 3\26553 - 7.8 P&P - TRAILS (P3).DWG TRISTAN.NORIEGA 895 895 TITLE PLANNED TRAIL CONSTRUCTION 890 890 SHEET 904.05 904.08 904.11 904.14 904.17 904.20 904.23 904.26 904.29 904.32 904.31 904.7 904.1 904.3 904.4 903.6 904.1 904.3 903.9 904.5 904.5 904.9 905.4 906.5 885 0+25 0+50 0+75 1+00 1+25 1+50 1+75 2+00 2+25 2+50 2+75 3+00 3+25 885 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 54 PLANNED TRAIL CONSTRUCTION Page 122 of 517 W ET ---- ---- 55 W W W W W W W W W W W WET W W W W W W W W W W W W W W WET WET W W W W W W W W W WET W W W W W W W W WET W W W W W WET FP100 W FP100 WET W FP100 FP100 FP100 FP100 WET WET W FP100 FP100 W WET WET WET WET FP100 W FP100 WET WET W W ET FP100 W W FP100 WET WET W JERREMY D. FOSS WET W WET W FP100 WET WET WET W FP DATE 2026-04-27 LIC. NO. 55871 WET SHEET NOT VALID UNLESS THIS TEXT IS COLOR. 0 20 40 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, SOUTH SHORE TRAIL STATION 3+25 TO 8+00 INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. SCALE IN FEET © 2024 I & S GROUP, INC. PROJECT 920 920 915 915 ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY 910 910 905 905 PROJECT NO. 25-26553 FILE NAME 26553 - 7.8 P&P - TRAILS (P3) DRAWN BY DWG, MEB 900 900 DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 7.8 P&P - TRAILS (P3).DWG SAVED BY: GS\PHASE 3\26553 - 7.8 P&P - TRAILS (P3).DWG TRISTAN.NORIEGA 895 895 TITLE PLANNED TRAIL CONSTRUCTION 890 890 SHEET 904.22 904.10 903.97 903.85 903.72 903.60 903.47 903.35 903.22 903.10 902.97 902.85 902.72 902.60 902.58 902.77 903.06 903.35 907.3 907.3 905.6 904.7 904.5 904.0 903.9 903.7 903.6 903.4 903.2 903.2 902.8 902.1 898.0 902.0 902.4 901.8 885 3+50 3+75 4+00 4+25 4+50 4+75 5+00 5+25 5+50 5+75 6+00 6+25 6+50 6+75 7+00 7+25 7+50 7+75 885 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 55 PLANNED TRAIL CONSTRUCTION Page 123 of 517 ---- ---- 56 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W 00Y 1 100YR FP100 WET FP100 FP100 WET WET WET WET FP100 WET WET WET WET 100YR FP100 WET WET WET FP100 FP100 FP100 FP100 JERREMY D. FOSS WET WET B 100YR WET WET 100 YR A H P100 DATE 2026-04-27 LIC. NO. 55871 P100 F F SHEET NOT VALID UNLESS THIS TEXT IS COLOR. 0 20 40 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, SOUTH SHORE TRAIL STATION 7+75 TO 13+00 INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. SCALE IN FEET © 2024 I & S GROUP, INC. PROJECT 920 920 915 915 ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY 910 910 905 905 PROJECT NO. 25-26553 FILE NAME 26553 - 7.8 P&P - TRAILS (P3) DRAWN BY DWG, MEB 900 900 DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 7.8 P&P - TRAILS (P3).DWG SAVED BY: GS\PHASE 3\26553 - 7.8 P&P - TRAILS (P3).DWG TRISTAN.NORIEGA 895 895 TITLE PLANNED TRAIL CONSTRUCTION 890 890 SHEET 903.63 903.92 904.21 904.50 904.79 905.07 905.36 905.65 905.94 906.23 906.52 906.80 906.96 906.91 906.78 906.66 906.53 906.41 906.28 906.16 903.6 903.9 904.2 904.5 904.8 905.1 905.4 905.7 905.9 906.2 906.5 906.8 907.0 906.9 906.8 906.7 906.5 906.4 906.3 906.2 885 8+00 8+25 8+50 8+75 9+00 9+25 9+50 9+75 10+00 10+25 10+50 10+75 11+00 11+25 11+50 11+75 12+00 12+25 12+50 12+75 885 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 56 PLANNED TRAIL CONSTRUCTION Page 124 of 517 ---- ---- 57 W W W W W W W W W W W W W W W W W W W W W W W W W 100YR 100YR 100YR 100YR 100YR 100YR JERREMY D. FOSS 10 0YR 2026-04-27 55871 00YR DATE LIC. NO. 1 0 20 40 SHEET NOT VALID UNLESS THIS TEXT IS COLOR. THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, SOUTH SHORE TRAIL STATION 12+75 TO 18+00 INC. AND MAY NOT BE USED, COPIED OR DUPLICATED SCALE IN FEET WITHOUT PRIOR WRITTEN CONSENT. © 2024 I & S GROUP, INC. PROJECT 920 920 915 915 ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY 910 910 905 905 PROJECT NO. 25-26553 FILE NAME 26553 - 7.8 P&P - TRAILS (P3) DRAWN BY DWG, MEB 900 900 DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 7.8 P&P - TRAILS (P3).DWG SAVED BY: GS\PHASE 3\26553 - 7.8 P&P - TRAILS (P3).DWG TRISTAN.NORIEGA 895 895 TITLE PLANNED TRAIL CONSTRUCTION 890 890 SHEET 906.03 905.91 905.78 905.66 905.62 905.87 906.32 906.79 907.26 907.73 908.20 908.67 909.13 909.60 910.07 910.54 911.01 911.48 911.94 912.41 906.0 905.9 905.8 905.7 905.6 905.9 906.3 906.8 907.3 907.7 908.2 908.7 909.1 909.6 910.1 910.5 911.0 911.5 911.9 912.4 885 13+00 13+25 13+50 13+75 14+00 14+25 14+50 14+75 15+00 15+25 15+50 15+75 16+00 16+25 16+50 16+75 17+00 17+25 17+50 17+75 885 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 57 PLANNED TRAIL CONSTRUCTION Page 125 of 517 W W W ---- ---- 58 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W JERREMY D. FOSS DATE 2026-04-27 LIC. NO. 55871 SHEET NOT VALID UNLESS THIS TEXT IS COLOR. 0 20 40 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, SOUTH SHORE TRAIL STATION 17+75 TO 23+00 INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. SCALE IN FEET © 2024 I & S GROUP, INC. PROJECT 925 925 920 920 ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY 915 915 910 910 PROJECT NO. 25-26553 FILE NAME 26553 - 7.8 P&P - TRAILS (P3) DRAWN BY DWG, MEB 905 905 DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 7.8 P&P - TRAILS (P3).DWG SAVED BY: GS\PHASE 3\26553 - 7.8 P&P - TRAILS (P3).DWG TRISTAN.NORIEGA 900 900 TITLE PLANNED TRAIL 895 895 CONSTRUCTION SHEET 912.88 913.35 913.82 914.29 914.75 915.22 915.69 916.16 916.63 917.10 917.56 918.03 918.41 918.63 918.75 918.88 919.00 919.13 919.25 919.38 912.9 913.3 913.8 914.3 914.8 915.2 915.7 916.2 916.6 917.1 917.6 918.0 918.4 918.6 918.8 918.9 919.0 919.1 919.3 919.4 890 18+00 18+25 18+50 18+75 19+00 19+25 19+50 19+75 20+00 20+25 20+50 20+75 21+00 21+25 21+50 21+75 22+00 22+25 22+50 22+75 890 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 58 PLANNED TRAIL CONSTRUCTION Page 126 of 517 ---- ---- 59 W W W X W W W W LS W X W LS > W W W W W W W X W W W W W W W W W SB-7SB-7A JERREMY D. FOSS DATE 2026-04-27 LIC. NO. 55871 SHEET NOT VALID UNLESS THIS TEXT IS COLOR. 0 20 40 THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, SOUTH SHORE TRAIL STATION 22+75 TO 28+00 INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. SCALE IN FEET © 2024 I & S GROUP, INC. PROJECT 930 930 925 925 ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY 920 920 915 915 PROJECT NO. 25-26553 FILE NAME 26553 - 7.8 P&P - TRAILS (P3) DRAWN BY DWG, MEB 910 910 DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 - 7.8 P&P - TRAILS (P3).DWG SAVED BY: GS\PHASE 3\26553 - 7.8 P&P - TRAILS (P3).DWG TRISTAN.NORIEGA 905 905 TITLE PLANNED TRAIL CONSTRUCTION 900 900 SHEET 919.25 918.61 917.72 916.83 915.94 915.05 914.16 913.27 912.38 911.49 910.60 909.71 919.2 918.6 917.7 916.8 915.9 915.1 914.2 913.3 912.4 911.5 910.6 909.7 895 23+00 23+25 23+50 23+75 24+00 24+25 24+50 24+75 25+00 25+25 25+50 25+75 26+00 26+25 26+50 26+75 27+00 27+25 27+50 27+75 895 DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 59 PLANNED TRAIL CONSTRUCTION Page 127 of 517 ---- ---- 60 GRADING LEGEND 101 100 KENNEDY STREET GENERAL GRADING NOTES ADA ACCESSIBILITY LEGEND 185TH CIRCLE JERREMY D. FOSS DATE 2026-04-27 LIC. NO. 55871 SHEET NOT VALID UNLESS THIS TEXT IS COLOR. THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. © 2024 I & S GROUP, INC. PROJECT ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY PROJECT NO. 25-26553 FILE NAME 26553 8 DET-GRADE-P3 DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 8 DET-GRADE-P3.DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 8 DET-GRADE-P3.DWG SAVED BY: TITLE INTERSECTION GRADING PLAN 0 510SHEET SCALE IN FEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 60 INTERSECTION GRADING PLAN Page 128 of 517 ---- ---- 61 GRADING LEGEND 101 100 GENERAL GRADING NOTES FILMORE STREET ADA ACCESSIBILITY LEGEND JERREMY D. FOSS DATE 2026-04-27 LIC. NO. 55871 SHEET NOT VALID UNLESS THIS TEXT IS COLOR. THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. © 2024 I & S GROUP, INC. PROJECT ELK RIVER MINNESOTA 185TH COURT REVISION SCHEDULE DATE DESCRIPTION BY PROJECT NO. 25-26553 FILE NAME 26553 8 DET-GRADE-P3 DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 8 DET-GRADE-P3.DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 8 DET-GRADE-P3.DWG SAVED BY: TITLE INTERSECTION GRADING PLAN 0 510SHEET SCALE IN FEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 61 INTERSECTION GRADING PLAN Page 129 of 517 ---- ---- 62 GRADING LEGEND 101 100 GENERAL GRADING NOTES ADA ACCESSIBILITY LEGEND JERREMY D. FOSS DATE 2026-04-27 LIC. NO. 55871 SHEET NOT VALID UNLESS THIS TEXT IS COLOR. THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. © 2024 I & S GROUP, INC. PROJECT FILMORE STREET ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY GRANT STREET PROJECT NO. 25-26553 FILE NAME 26553 8 DET-GRADE-P3 DRAWN BY DWG, MEB DESIGNED BY DWG, MEB REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 8 DET-GRADE-P3.DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 8 DET-GRADE-P3.DWG SAVED BY: TITLE INTERSECTION GRADING PLAN 0 510SHEET SCALE IN FEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 62 INTERSECTION GRADING PLAN Page 130 of 517 ---- ---- 63 GRADING LEGEND 101 100 GENERAL GRADING NOTES ADA ACCESSIBILITY LEGEND JERREMY D. FOSS DATE 2026-04-27 LIC. NO. 55871 SHEET NOT VALID UNLESS THIS TEXT IS COLOR. THIS DOCUMENT IS THE PROPERTY OF I & S GROUP, INC. AND MAY NOT BE USED, COPIED OR DUPLICATED WITHOUT PRIOR WRITTEN CONSENT. © 2024 I & S GROUP, INC. PROJECT 00YR FILMORE STREET 100YR ELK RIVER MINNESOTA REVISION SCHEDULE DATE DESCRIPTION BY 100YR 100YR 184TH LANE PROJECT NO. 25-26553 FILE NAME 26553 8 DET-GRADE-P3 DRAWN BY DWG, MEB DESIGNED BY DWG, MEB 10 REVIEWED BY JDF ORIGINAL ISSUE DATE --/--/-- CLIENT PROJECT NO. - GS\PHASE 3\26553 8 DET-GRADE-P3.DWG SAVED BY: TRISTAN.NORIEGA GS\PHASE 3\26553 8 DET-GRADE-P3.DWG SAVED BY: TITLE INTERSECTION GRADING PLAN 0 510SHEET SCALE IN FEET DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 FOSTER PROPERTY-ELK RIVER MN\26553 CIVIL-SURVEY\CIVIL PRODUCTION DRAWIN DWG LOCATION: S:\PROJECTS\26000 PROJ\26500-26599\26553 OF 63 INTERSECTION GRADING PLAN Page 131 of 517 Resolution 26-45 A Resolution of the City of Elk River Granting Final Plat Approval for Bradford Park Third Addition Case No. P 26-06 WHEREAS, application has been made for final plat approval, pursuant to Section 30-374 of the Elk River City Code of Ordinances, of the property legally described on attached Exhibit A and hereinafter referred to as “the Property”; and WHEREAS, a preliminary plat for the north half of the Property was approved by the City Council on July 17, 2023; and WHEREAS, a second preliminary plat for the south half of the Property was approved by the City Council on August 19, 2024; and WHEREAS, the proposed final plat includes areas within both preliminary plat approvals and is consistent with the plats as approved by the City Council; and WHEREAS, the proposed final plat complies with each of the conditions set forth by the City Council in its approval of the preliminary plat of the Property. NOW, THEREFORE, BE IT RESOLVED 1. It is hereby determined by the City Council for the City of Elk River as follows: A. The proposed subdivision is consistent with the Chapter of 30 of the City Code of Ordinances and conforms with all of its requirements. B. The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans including, but not limited to, the City’s Comprehensive Plan. C. The physical characteristics of the site, including, but not limited to, topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. D. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required herein. Page 132 of 517 E. The proposed subdivision will not cause substantial environmental damage. F. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. G. The proposed subdivision will not have an undue or adverse impact on the reasonable development of neighboring land. 2. Final plat approval is hereby granted for the Property, subject to the conditions set forth in attached Exhibit B. 3. The officers of the City are hereby authorized, once the conditions set forth in Exhibit B are met and complied with, to sign the final plat for the Property and to issue a certified copy of this Resolution giving final approval of the plat. 4. The owner of the Property is authorized to record the final plat as required by law and shall file proof of said recording with the City. No building permits will be issued for the Property until the final plat is recorded. 5. This final plat approval shall expire two years from the date of this resolution if the final plat is not recorded within that time. Passed and adopted this 6th day of July 2026. John J. Dietz, Mayor ATTEST: Justin Dunford, City Clerk Page 133 of 517 EXHIBIT A LEGAL DESCRIPTION Outlot B, Outlot C, and Outlot I, Bradford Park Second Addition, according to the recorded plat thereof, City of Elk River, Sherburne County, Minnesota. (Document No. 978489) AND All that part of the Southwest Quarter of the Southeast Quarter; that part of the North Half of the Southwest Quarter; and that part of the Northwest Quarter of the Southeast Quarter, all in Section 36, Township 33 North, Range 26 West, Sherburne County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 36; thence South 00 degrees 22 minutes 24 seconds East (assumed bearing) on the west line of said Southwest Quarter, 1335.49 feet to the southwest corner of the North Half of the Southwest Quarter of said Section 36; thence South 89 degrees 28 minutes 17 seconds East on the south line of said North Half of the Southwest Quarter, 1468.83 feet to the point of beginning; thence North 50 degrees 06 minutes 29 seconds East, 991.35 feet; thence North 14 degrees 42 minutes 36 seconds West, 74.04 feet; thence North 05 degrees 51 minutes 31 seconds East, 60.19 feet; thence North 25 degrees 55 minutes 59 seconds East, 70.86 feet; thence North 47 degrees 39 minutes 33 seconds East, 70.86 feet; thence North 66 degrees 05 minutes 28 seconds East, 49.53 feet; thence North 80 degrees 58 minutes 12 seconds East, 172.95 feet; thence North 46 degrees 50 minutes 25 seconds East, 384.21 feet; thence North 49 degrees 59 minutes 38 seconds East, 40.52 feet; thence North 54 degrees 22 minutes 31 seconds East, 40.52 feet; thence North 58 degrees 45 minutes 24 seconds East, 40.52 feet; thence North 63 degrees 08 minutes 17 seconds East, 40.52 feet; thence South 24 degrees 40 minutes 16 seconds East, 190.00 feet; thence northeasterly 25.08 feet on a 340.00 foot radius curve, concave to the southeast, not tangent to previous line, having a central angle of 04 degrees 13 minutes 38 seconds and a 25.08 foot chord that bears North 67 degrees 26 minutes 33 seconds East; thence North 69 degrees 33 minutes 22 seconds East, 40.74 feet; thence South 20 degrees 26 minutes 38 seconds East, 94.24 feet; thence South 15 degrees 58 minutes 16 seconds East, 35.87 feet; thence North 69 degrees 33 minutes 22 seconds East, 132.57 feet; thence South 64 degrees 09 minutes 06 seconds East, 44.65 feet to a point on the west line of the East 660 feet of said Northwest Quarter of the Southeast Quarter; thence South 00 degrees 10 minutes 01 seconds East on said west line, 660.08 feet to a point on the south line of the North 936 feet of said Northwest Quarter of the Southeast Quarter; thence South 89 degrees 18 minutes 10 seconds East on said south line, 610.07 feet to a point on the west line of said Sherburne County Right of Way Plat No. 30; thence South 00 degrees 10 minutes 01 seconds East on said west line, 1347.63 feet; thence South 50 degrees 16 minutes 39 seconds West on said west line, 127.31 feet to a point on the north line of Sherburne County Right of Way Plat No. 7, according to the recorded plat thereof; thence westerly 341.18 feet on said north line and on a 1161.35 foot radius curve, concave to the south, having a central angle of 16 degrees 49 minutes 56 seconds and a 339.96 foot chord that bears South 89 degrees 51 minutes 37 seconds West to a point on the east line of the West 825 feet of said Southwest Quarter of the Southeast Quarter; thence North 00 degrees 21 minutes 48 seconds West on said east line, 320.65 feet to a point on the north line of the South 600 feet of said Southwest Quarter of the Southeast Quarter; thence North 89 degrees Page 134 of 51737 minutes 53 seconds West on said north line, 825.07 feet to a point on the west line of said Southwest Quarter of the Southeast Quarter; thence North 00 degrees 21 minutes 48 seconds West on said west line, 727.71 feet to the southeast corner of the North Half of the Southwest Quarter of said Section 36; thence North 89 degrees 28 minutes 17 seconds West on the south line of said North Half of the Southwest Quarter, 1156.62 feet to the point of beginning. AND All that part of the Southwest Quarter of the Southeast Quarter, Section 36, Township 33 North, Range 26 West, Sherburne County, Minnesota, lying south of Sherburne County Right of Way Plat No. 7, according to the recorded plat thereof, except the West 825 feet of the North 550 feet of the South 600 feet of said Southwest Quarter of the Southeast Quarter. Parcel contains 63.18 acres. Page 135 of 517 EXHIBIT B CONDITIONS OF APPROVAL 1. Council approval of a Development Agreement outlining the responsibilities of the developer. 2. The applicant must receive final approval of all state and federal wetland permits and applications prior to recording. 3. The Water Availability Charge shall be paid in the amount required by the city when the final plat is released for recording. 4. A Letter of Credit shall be provided to the city equal to 100% of the costs of the public improvements. 5. Upon completion of all improvements and acceptance by the city, a security or warranty in a form acceptable to the Public Works Director shall be secured. 6. The Development Plan shall be approved by the city's Engineering Department prior to issuance of building permits. 7. Staff approval of all site, civil, and landscaping plans. 8. All mailboxes shall be clustered. 9. Park Dedication requirements must be consistent with the preliminary plat approval. 10. Any item or condition found that indicates the site is likely to yield information important to pre-history or history shall be reported to the city immediately. Further, the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. Page 136 of 517 Request for Action To Item Number City Council 4.4 Meeting Date Prepared By July 6, 2026 Chris Leeseberg, Senior Planner Item Description Reviewed by Resolution 26-46: Finding of Fact Denying an Zack Carlton Ordinance Amendment, Onyx Strategic Partners Cal Portner Justin Dunford Action Requested Adopt, by motion, Resolution 26-46 making a Finding of Fact denying the ordinance amendment request to allow Wholesale, Indoor Commercial Dog Kennels, and removing limitations on Warehouse Space in the Business Park Zoning District. Background/Discussion At their June 15, 2026, meeting, the Council reviewed an ordinance amendment request to allow outpatient medical facilities, physical recreation or training uses, wholesale, printing and publishing, repair services, health and fitness clubs, indoor commercial dog kennels, and to remove limitations on warehouse space in the Business Park Zoning District. The Council directed staff to prepare a Finding of Fact denying the ordinance amendment request to allow Wholesale, Indoor Commercial Dog Kennels, and removing limitations on Warehouse Space in the Business Park zoning district, as the use is not consistent with the city’s Comprehensive Plan. Financial Impact None Mission/Policy/Goal Ethical, efficient, and responsible. Attachments 1. Resolution 26-46: Finding of Fact Denying Ordinance Amendment, Onyx Strategic Partners 2. Planning Commission Minutes 5-26-2026 3. City Council Memo 6-15-2026 4. City Council Minutes 6-15-2026 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 137 of 517 Page 138 of 517 City of Elk River City Council Resolution 26-46 A Resolution of the City Council of the City of Elk River Denying the Request for an Ordinance Amendment to add Wholesale and Indoor Commercial Dog Kennels as Permitted Uses and Removing Limitations on Warehouse Space in the Business Park Zoning District WHEREAS, Jessica Houlihan, Onyx Strategic Partners, (“Applicant”), has applied (“Application”) for an Ordinance Amendment (Case No. OA 26-03) to add Wholesale and Indoor Commercial Dog Kennels as Permitted Uses and Removing Limitations on Warehouse Space in the Business Park zoning district; and WHEREAS, the record in this matter shall include all of the materials submitted to the Planning Commission and City Council in connection with the April 27, 2026, Ordinance Amendment Application; including the staff reports and all attachments thereto, all other written materials submitted to the Planning Commission and City Council, and all staff presentations and other testimony taken at the public meetings considering the Application for the Ordinance Amendment, all of which is incorporated in and made a part of the findings of fact and this resolution; and WHEREAS, the Planning Commission held a public hearing on May 26, 2026, to receive testimony and evidence from city staff, the Applicant and any other persons regarding the Application; and WHEREAS, the Planning Commission recommended denial of the Application; and WHEREAS, the City Council held a public hearing on June 15, 2026, to receive testimony and evidence from city staff, the Applicant and any other persons regarding whether the Application should be approved; and WHEREAS, the Applicant and all others wishing to speak were given numerous opportunities to present testimony to the Planning Commission and City Council; and WHEREAS, the City Council, at the conclusion of its June 15, 2026, public hearing on the Applicant’s Application, directed staff to prepare a resolution making findings of fact denying the Application as the use is not consistent with the city’s Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: the City Council of the City of Elk River makes the following findings of fact and decision with respect to the Application by Jessica Houlihan, Onyx Strategic Partners, for an ordinance amendment to add Wholesale and Indoor Commercial Dog Kennels as Permitted Uses and Removing Limitations on Warehouse Space in the Business Park zoning district. Page 139 of 517 FINDINGS OF FACT 1. On April 27, 2026, the Applicant submitted an Ordinance Amendment application, Case No. OA 26- 03. The application was deemed complete and scheduled for review by the Planning Commission and City Council. 2. Ordinance Amendments relating to land use and zoning are reviewed by the Planning Commission and City Council and are evaluated based on consistency with the guidance in the Comprehensive Plan. 3. The Planning Commission reviewed the Application on May 26, 2026, and voted 5-0 recommending denial of the Application as the proposal was not consistent with the Comprehensive Plan’s guidance for Industrial uses. 4. On June 15, 2026, the City Council reviewed the Application, and received additional testimony from the applicant. 5. The City Council concurs with the Planning Commission’s recommendation and, based on the record generated in these proceedings, makes the following findings of fact related to the Ordinance Amendment application: a. Wholesale Uses, Indoor Commercial Dog Kennels, and Removing Limitations on Warehouse Space are not consistent with the Comprehensive Plan’s guidance for Industrial uses in the Business Park zoning district. 6. Taking into consideration all the testimony and evidence received, the City Council finds that the Applicant has not established that it has met the requirements for approval of an Ordinance Amendment and that it would not be in the public interest to approve the Application. DECISION Therefore, the City Council of the City of Elk River denies the Application for an ordinance amendment to add Wholesale and Indoor Commercial Dog Kennels as Permitted Uses and Removing Limitations on Warehouse Space in the Business Park Zoning District, based on the findings of fact set forth above. Passed and adopted this 6th day of July 2026. John J. Dietz, Mayor ATTEST: Justin Dunford, City Clerk Page 140 of 517Planning Commission Minutes Page 5 of 8 May 26, 2026 --------- approval of the CUP allowing construction of an outdoor classroom space at Elk River High school, subject to the following conditions: 1. The applicant must submit documentation describing the standards against which the state is reviewing the space. 2. Commercial building permits will be required for the improvements. 3. The fencing along the north, east, and south faces must be 100% opaque. 4. The applicant must submit an updated site plan showing how the parking lot will be updated (striped) to address the changes to parking and circulation. 5. Staff approval of all updated plans, ensuring full compliance with state building and fire codes. Motion carried 5-0. 4.3 Ordinance Amendment: Oakwater Ridge PUD Standards Related to Signage, Capstone Homes The staff report was presented. The applicant is requesting two signs up to 192 square feet and four signs up to 64 square feet. The signs would be removed after the development was completed. The applicant is also requesting a large entrance monument of 36 feet long by 4 feet tall surrounded by landscaping and located in the applicant's outlot. Commissioner Johnson asked about the size of the previous billboards on the site. Mr. Carlton stated the ordinance allows billboards to be 35 feet tall and 400 square feet. Commissioner Lang asked if the applicant had provided a mock-up of the entrance monument. Mr. Carlton stated they had not. Chair Beise opened the public hearing. Matt Barker, representing Capstone, stated the landscaping would represent coming through the Mississippi bluff area. Chair Beise closed the public hearing. Commissioner Johnson was not in favor of additional signs but felt this was acceptable due to the temporary nature and that the requested signs are smaller than the billboards previously located on the site. Commissioner Bland asked that the applicant maintain the appearance of the signs. Moved by Commissioner Johnson and seconded by Commissioner Bland to recommend approval of an Ordinance Amendment establishing standards for marketing and development signage within the Oakwater Ridge development. Motion carried 5-0. 4.4 Ordinance Amendment: Business Park Zoning, Onyx Strategic Partners The staff report was presented. Chair Beise opened the public hearing. Jessie Houlihan, representing Onyx Strategic Partners, gave an overview of her company and the building they have recently purchased in Elk River. She stated she believes the Elk River city code "fights Page 141 of 517Planning Commission Minutes Page 6 of 8 May 26, 2026 --------- with users". Chair Beise closed the public hearing. Commissioner Rydberg asked where the building was located. Ms. Houlihan gave the address as 18332 Joplin Ave NW. Commissioner Bland asked about the intent of warehouse limitations. Mr. Leeseberg responded that the business park district is a step above industrial. Mr. Carlton added that the limitation is to help with job generation and a higher class of industrial space, not just warehouse space. Moved by Commissioner Bland and seconded by Commissioner Lang to recommend approval of the Ordinance Amendment allowing Outpatient Medical Facilities in the Business Park (BP) zoning district. Motion carried 5-0. Commissioner Johnson stated the applicant can adjust the warehouse percentage through a Conditional Use Permit. Mr. Carlton stated that retail space is an accessory use in the Business Park zone. Moved by Commissioner Johnson and seconded by Commissioner Bland to recommend denial of the Ordinance Amendment allowing Physical Recreation or Training and removing limitations on Warehouse Space in the Business Park (BP) zoning district. Motion carried 5-0. 4.5 Ordinance Amendment: Business Park Zone, Lift PT The staff report was presented. Chair Beise opened the public hearing. Kelsey Fransen, applicant, owner of Lift PT, stated that she has some clients who are over seven feet tall, therefore having taller ceiling height allows them to perform more actions. Chair Beise closed the public hearing. Moved by Commissioner Johnson and seconded by Commissioner Bland to recommend approval of the Ordinance Amendment allowing Outpatient Medical Facilities in the Business Park (BP) zoning district. Motion carried 5-0. 5. GENERAL BUSINESS 5.1 Resolution 26-01: Approving the Sale of Public Property to O'Brien Holdings, LLC Moved by Commissioner Johnson and seconded by Commissioner Bland to approve Resolution 26-01 finding the sale of a portion of Lot 1, Block 1, Northstar Business Park to be consistent with the Comprehensive Plan. Motion carried 5-0. 6. COUNCIL LIAISON UPDATES Page 142 of 517 Request for Action To Item Number City Council 7.2 Meeting Date Prepared By June 15, 2026 Chris Leeseberg, Senior Planner Item Description Reviewed by Ordinance 26-15: Allowed Uses in the Business Park Zack Carlton Zoning District, Onyx Strategic Partners Cal Portner Justin Dunford Action Requested Adopt, by motion, Ordinance 26-15 amending Section 30-1295, Business Park District, establishing Medical Facilities, Outpatient, Printing and Publishing, and Repair Services as Permitted Uses. Direct, by motion, staff to prepare a finding of fact denying the ordinance amendment request to allow Physical Recreation or Training, Health and Fitness Clubs, Indoor Commercial Dog Kennels, and removing limitations on Warehouse Space in the Business Park (BP) zoning district. Background/Discussion The applicant is seeking an ordinance amendment to allow outpatient medical facilities, physical recreation or training uses, wholesale, printing and publishing, repair services, and to remove limitations on warehouse space in the Business Park zoning district. Over the past 15+ years, the BP ordinance has been amended several times in an effort to respond to evolving commercial market needs. In some cases, those changes were later reconsidered due to their impact on the availability and function of industrial land, leading the city to return to the original intent for the district. Physical recreation uses are often discouraged in industrial zoning districts because they can create land use conflicts, safety concerns, and operational limitations for industrial businesses. They also do not generate full- time employment in the way that other industrial uses generally do. Recreation users, particularly children and families, may be exposed to increased risks from vehicle conflicts, noise, fumes, or industrial processes. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 143 of 517Industrial districts are designed for commercial vehicles rather than pedestrian-oriented activity. Recreation uses can introduce increased pedestrian traffic, parking demand, and peak visitation periods that interfere with industrial circulation patterns. The Business Park zoning is also intended to preserve areas for manufacturing, processing, and similar employment-generating activities while limiting warehousing. Recreational uses are typically considered more compatible with commercial, mixed-use, and institutional areas. Planning Commission The Planning Commission held a public hearing on May 26, 2026. The applicant gave an overview of her company and the building they have recently purchased in Elk River. She believes the current city code "fights with users." The Commission asked what the intent of warehouse limitations was. Staff stated the business park district is a step between industrial and commercial areas and that the limitation is to encourage job generation with a higher class of industrial uses, not just warehouse space. While the Planning Commission was supportive of the request to allow outpatient medical facilities in the BP district, they did not support allowing physical recreation uses or removing the limit on warehousing space, as it would impact the city’s limited industrial properties. The commission made the following recommendations: 1. Approval of the ordinance amendment allowing Outpatient Medical Facilities in the Business Park (BP) zoning district. 2. Denial of the ordinance amendment allowing Physical Recreation or Training and removing limitations on Warehouse Space in the Business Park (BP) zoning district. Since the Commission meeting, the applicant has provided a revised amendment (attached) for the City Council to consider. It is summarized here: Permitted uses: • Amending warehouse spaces to allow up to 75% of the entire building, versus 50% currently – Staff still has concerns with this, and the Planning Commission did not support the change. Warehouse use is allowed in other industrial districts. • Adding wholesale businesses (business-to-business) - Currently listed as an accessory use: ”Retail/wholesale sales incidental to products manufactured, assembled, or warehoused on the premises may be permitted as an accessory use provided no more than ten percent of the building is used for retail/wholesale sales.” This use is allowed in other industrial districts. • Adding machine shops (staff would consider this light manufacturing, which is permitted). • Adding printing and publishing (staff have no concern with this request). • Adding repair services, except for businesses related to passenger vehicles and trucks – for example, technology repair, equipment repair, shoe repair, seamstress, piano repair, etc. (staff have no concern with this request). Page 144 of 517Conditional uses: • Adding health and fitness clubs • Adding indoor commercial dog kennel Staff continues not to be supportive of these proposed CUP uses, as the intent of the BP district is for industrial and manufacturing uses in nature. The purpose of the Council-approved City Code is to set an orderly priority of uses in each zoning district. Amending the code for every request is not considered a good business practice. Financial Impact None Mission/Policy/Goal Appropriately govern in an ever-changing environment. Attachments 1. Analysis Letter 2. Applicants Proposed Amendmentds Submitted 3. Recommend Amendments 4. Applicants Code Analysis 5. Ordinance 26-15: Allowed Uses in the Business Park Zoning District 6. Sec 30-1295 Business Park District (Current) Page 145 of 517 Monday, June 8th, 2026 City of Elk River Minnesota Planning Department 13065 Orono Parkway Elk River, MN 55330 RE: Business Park Zoning Amendment Request City of Elk River Planning and Zoning Department, Thank you for the opportunity to submit code for consideration by staff for the upcoming code shift in the City of Elk River. We own property throughout the Twin Cities metropolitan area that fit within the business park and light industrial designations, specializing in owning buildings that many small businesses call home. Through owning these buildings for years and working with Cities and our tenants, we have learned the challenges with these properties, the best businesses / organizations that coexist well without causing issues, and, very importantly, the business types that are currently successful, contributing to the City they choose to locate in. Many of the cities we own property in have more flexible zoning, permitting wider standard and conditional uses. But, we are actually comfortable with a more moderately adapted perspective, allowing for a few additions that represent some of the major demand we’ve seen in the broader market. We have included the business park City Code from the City of Blaine and the City of Eagan, for your review. At the conclusion of this letter, we included a requested updated business park code for the City of Elk River. We also put together a spreadsheet highlighting these codes, in comparison, noting the additional use types we’d like added. The City of Eagan, Minnesota’s business park district code is relatively restrictive, requiring many uses to go through a conditional use permit process. Their code is written as: “BP Business Park District. Purpose. The Business Park BP District is intended to accommodate development of low intensity office, light industrial and supporting commercial service uses that may be suitable in relative close proximity to non-industrial development. More intensive industrial uses which require either outdoor storage or high truck traffic or both are excluded. The performance standards for this district are intended to establish and maintain high quality site planning, architecture, signage and landscape design to create an attractive and unified development character. Permitted uses. Within any BP district no structure or land shall be used except for one or more of the following uses or uses deemed similar by the council: Adult establishments. Financial institutions and banks (without drive-through facilities). Freestanding satellite dishes, subject to the regulations thereof elsewhere in this chapter. Office and office buildings. Office/warehouses and office/showrooms. Processing, packaging, cleaning, storage, assembling, servicing, repair or testing of materials, goods or products, when wholly contained within a building and which meet and maintain all applicable standards established by the state. Public utility tower mounted antennae, subject to the regulations thereof elsewhere in this chapter. Public utility uses. Research laboratories, when wholly contained within a building and which meet and maintain all applicable standards established by the state. Technical, vocational and business schools. Cannabis microbusiness (indoor cultivation only). Cannabis mezzobusiness (indoor cultivation only). Page 146 of 517 Business Park Zoning - Request Letter June 8, 2026 Cannabis cultivator (indoor only). Cannabis manufacturer. Cannabis wholesaler. Cannabis testing facility. Cannabis event organizer (office use only). Medical cannabis combination business (indoor cultivation only). Conditional uses. Within any BP district no structure or land shall be used except for the following uses or uses deemed similar by the council and only by a conditional use permit: Coffee kiosks, subject to the regulations thereof elsewhere in this chapter. Daycare facilities. Elementary and middle schools. Financial institutions and banks with drive-through facilities. Health care facilities. Health and fitness clubs. Hotels and motels. Restaurants—Full service and casual and any outdoor dining area in conjunction therewith, subject to the regulations thereof elsewhere in this chapter. Retail sales of any product, goods or material produced at or directly related to the principle use on site, provided the following conditions are met: The retail sales are subordinate to the principle use. The gross floor area used for the retail sales is more than 15 percent but not more than 30 percent of the total gross floor area of the principle building if a single user/occupant or of the principle user's occupied space if within a multiple-user structure. The retail sales are owned and operated solely by the principle user/occupant of the subject site. The site can accommodate the minimum parking requirement for both the retail and principle use components as set forth elsewhere in this chapter. Permitted accessory uses. Coffee shops and cafeterias located within the principal structure. Garages or similar structures used to store vehicles and equipment. Parking and loading as regulated herein. Retail sales of any service or any product, goods or material produced at or directly related to the principle use on site, subject to the following: The retail sales are subordinate to the principle use. The gross floor area used for the retail sales is not more than 15 percent of the total gross floor area or 3,000 square feet, whichever is less, of the principle building if a single user/occupant or of the principle user's occupied space if within a multiple-user structure. The retail sales are owned and operated solely by the principle user/occupant of the subject site. Temporary outdoor event, cultural/entertainment event, and outdoor food sales, subject to regulations thereof elsewhere in this chapter. As a second example, we would like to submit the City of Blaine’s I1, light industrial, language for consideration. The City of Blaine has seen significant private investment in development in the last decade and has evolved their code to address any concerns that have arisen from the community regarding these buildings and their tenants. Their code is written as follows: Sec. 121-20. - Permitted uses. The following are permitted uses in the Light Industrial (I-1) District: 2 Onyx Strategic Partners 330 2nd Ave S #370, Minneapolis, MN 55401 Page 147 of 517 Business Park Zoning - Request Letter June 8, 2026 (1) Manufacturing uses: manufacturing, compounding, processing, packaging, storage, treatment, or assembly of products and materials within a structure, except for rendering/slaughtering/refining facilities, cannabis cultivation and cannabis manufacturing. (2) Warehousing. (3) Wholesale businesses. (4) Business and professional offices, not including medical. (5) Engraving shops. (6) Machine shops. (7) Printing and publishing. (8) Repair services, except for businesses related to passenger vehicles and trucks. (9) Service uses of blue-printing, duplicating, mailing, and graphic arts. (10) Research and design laboratories. (11) Data center. (12) Uses not explicitly enumerated in this section as permitted uses, but closely similar thereto as determined by the zoning administrator, provided these uses are not explicitly mentioned as permitted or conditional uses elsewhere in the ordinance. (Code 2004, pt. 3, § 31.02; Ord. No. 91-1264, 9-19-1991; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022; Ord. No. 25-2572, § 31.02, 1-22-2025) Sec. 121-21. - Accessory uses. The following accessory uses are allowed in the Light Industrial (I-1) District: (1) Dwelling for watchman (not to exceed 500 square feet) and limited to one person. (2) Retail sales, incidental to manufacturing, of products manufactured, assembled, or warehoused on the premises, provided no more than ten percent of the building is used for retail space. (3) Coffee shops/cafeteria for employees. (4) Recreational facilities for employees. (5) Day care related to employee. (6) Cars, vans, pickup trucks, and utility trailers no longer than 15 feet in length parked outside and used by employees or visitors in the normal course of the business operation parked in the side and rear yard outside of the required parking stalls. (Code 2004, pt. 3, § 31.03; Ord. No. 20-2447, 7-20-2020; Ord. No. 22-2514, 12-19-2022) Sec. 121-22. - Conditional uses. The following are conditional uses in the Light Industrial (I-1) District: (1) Commercial nurseries/greenhouses. (2) Online purchase pick-up location. (3) Heliports. (4) Passenger vehicle service, major repair, including painting, body work and dismantling, exclusive of auto reduction yards. Storage of vehicles shall be screened with 100 percent opaqueness. (5) Outdoor storage of passenger vehicles or vans, other than those specified in section 121-21(6), provided such storage shall be screened with 100 percent opaqueness. Such outdoor storage shall be related specifically to a permitted or approved conditional use. (6) Two or more buildings on same lot, provided such buildings relate to one permitted or conditional use. (7) Building over 50 feet from ground level. (8) Indoor vehicles sales showroom. (9) Zero lot line, with shared access or parking. (10) Principal adult uses, as defined and licensed under chapter 22, article II. (11) Indoor commercial dog kennel with or without dwelling for night watchperson. (12) Personal care, health care, recreation, fitness, or education related commercial services. Sites must be able to demonstrate adequate on-site parking. Uses must be destination based and not generate traffic volumes measurably above the range normally expected by the other allowed I-1 uses. With the exception noted in section 121-21(3), general retail sales is not permitted under this section. (13) Brewer taproom as associated with and on the same site as a licensed brewery. (14) Ground-mounted solar as an accessory use. 3 Onyx Strategic Partners 330 2nd Ave S #370, Minneapolis, MN 55401 Page 148 of 517 Business Park Zoning - Request Letter June 8, 2026 Of the elements noted in these codes, we request the following adapted business park code for the City of Elk River: Sec. 30-1295. BP business park district. (a) Purpose. (1) The business park district is established to encourage a planned, integrated environment for certain industrial, office, and commercial uses, which are compatible with and complement each other as well as the surrounding land uses. The underlying land use designation within the district may vary and may be either light industrial or highway business. Development within the business park district will correspond with the land use designation. Industrial and office uses are allowed where the land use designation is light industrial, and commercial uses are allowed where the land use designation is highway business. (2) It is the intent of this section that development reflect common themes using compatible architectural design and consistency in signage, landscaping, and lighting. It is also the intent to encourage businesses, which generate a high number of jobs per square foot rather than predominantly warehouse type uses. (b) Permitted uses. Permitted uses in the BP district are as follows: 4 Onyx Strategic Partners 330 2nd Ave S #370, Minneapolis, MN 55401 Page 149 of 517 Business Park Zoning - Request Letter June 8, 2026 (1) Business offices. (2) Mail order operations. (3) Manufacturing, light. (4) Research and development facilities. (5) Sherburne County Fair. (6) Office/showroom spaces. (7) Warehouse spaces (up to 75% percent of the entire building). (8) Wholesale businesses (business-to-business). (9) Machine shops. (10) Printing and publishing. (11) Repair services, except for businesses related to passenger vehicles and trucks. (c) Accessory uses. Accessory uses in the BP district are as follows: (1) Cocktail rooms. (2) Massage, therapeutic establishments (when offered within the confines of a medical or chiropractic clinic). (3) Parking lots. 5 Onyx Strategic Partners 330 2nd Ave S #370, Minneapolis, MN 55401 Page 150 of 517 Business Park Zoning - Request Letter June 8, 2026 (4) Retail sales, provided the following conditions are met: a. The retail sales activity shall not be located in an administrative office facility, but shall be located within a business, the principal use of which is not commercial sales. b. The retail sales activity shall not occupy more than 15 percent of the gross floor area, or a maximum of 5,000 square feet of the occupied quarters, whichever is less. c. The retail sales activity shall be related and subordinate to the principal use. d. No sign identifying or promoting that retail sales occur within the building shall be visible from outside the building. e. Freestanding retail shops and stores shall be limited to those which complement other uses within the business park and provide a service to those other businesses, and shall not exceed 20,000 square feet in size. f. Retail/wholesale sales incidental to products manufactured, assembled, or warehoused on the premises may be permitted as an accessory use provided no more than ten percent of the building is used for retail/wholesale sales. 6 Onyx Strategic Partners 330 2nd Ave S #370, Minneapolis, MN 55401 Page 151 of 517 Business Park Zoning - Request Letter June 8, 2026 (5) Signs (as permitted in section 30-851 et seq.). (6) Structures, accessory (provided the materials are the same as those of the existing principal structure). (d) Conditional uses. Conditional uses in the BP district are as follows: (1) Brewer taprooms. (2) Government facilities. (3) Loading areas/overhead doors when located in front yards. (4) Microbreweries. (5) Microdistilleries. (6) Health and fitness clubs. (7) Indoor commercial dog kennel. (8) Motor vehicle repair shops, provided that they meet the following conditions: a. All repair services shall be conducted inside the building. b. Merchandise shall be stored inside the building. c. All damaged vehicles stored on the premises shall be stored within an area which is screened by a six-foot high 100 percent opaque fence constructed of factory 7 Onyx Strategic Partners 330 2nd Ave S #370, Minneapolis, MN 55401 Page 152 of 517 Business Park Zoning - Request Letter June 8, 2026 finished metal or vinyl material. d. The building shall comply with the material requirements of this section, and 30 percent of any building face and all overhead doors facing any public street shall be constructed of glass material. e. No sales or display of merchandise outside the building. f. The building shall be a minimum of 15,000 square feet. (9) Outdoor storage, provided the storage area: a. Is accessory to a principal permitted or conditional use; and b. Complies with the accessory structure setback requirement applicable to the property; and c. Is no larger than 30 percent of the building area; and d. Includes screening so as to provide a visual barrier. Any such barrier shall reduce visibility in a manner that restricts vision of the object being screened, but is not required to totally block the vision of any such object. 1. Screening shall consist of two or more of the following: i. A compact evergreen or deciduous hedge or evergreen, overstory 8 Onyx Strategic Partners 330 2nd Ave S #370, Minneapolis, MN 55401 Page 153 of 517 Business Park Zoning - Request Letter June 8, 2026 and ornamental trees of sufficient width and density; or a. Hedge material must be at least three feet in height. b. Deciduous trees must be at least two inches in diameter as measured six inches above the ground. c. Coniferous trees must be at least six feet in height. ii. An earth berm of sufficient height to provide an effective screen throughout the year; or a. Earth berms shall not have a slope of more than three feet horizontal to one foot vertical or be located within any street right-of-way unless otherwise approved by the city engineer. iii. A screening fence constructed of one or more of the following materials: a. Factory finished metal or vinyl panels. b. Wood. 9 Onyx Strategic Partners 330 2nd Ave S #370, Minneapolis, MN 55401 Page 154 of 517 Business Park Zoning - Request Letter June 8, 2026 (8) Storage tanks (aboveground). (9) Warehouse space (exceeding 50 percent of the total building floor area up to a maximum of 65 percent). (e) Additional standards. The following additional standards apply in the BP district: (1) Loading spaces and overhead doors. a. Loading spaces/overhead doors shall be located in designated rear yards and secondarily in designated side yards. Loading areas/overhead doors shall not be located in designated front yards unless approved as a conditional use. b. Loading spaces and overhead doors shall be designed to be compatible with the principal building. Architectural techniques and landscaping shall be employed to reduce visual impacts from adjacent properties and roadways. (2) Dumpsters and refuse enclosures. a. All dumpsters shall be completely screened from public view by using enclosures constructed of similar material as the principal building. b. Refuse enclosures shall include gates and be located in designated rear or side yards. 10 Onyx Strategic Partners 330 2nd Ave S #370, Minneapolis, MN 55401 Page 155 of 517 Business Park Zoning - Request Letter June 8, 2026 (3) Rooftop or ground electrical equipment; signs. (please note the remaining text has not be formatted) a. All utility equipment shall either be: 1. Screened from the eye level view of adjoining properties by use of exterior walls and/or landscaping; 2. Painted to match or complement the building structures; or 3. Incorporated into an architectural design, as approved by the building and zoning administrator. b. Notwithstanding the provisions of subdivision II of division 5 of this article, the following requirements regarding signage shall be met: 1. All freestanding signage shall be of a monument style sign and have a maximum size of 64 square feet and height of eight feet. 2. One on-premises business wall sign per occupancy, not to exceed two square feet in sign area for each linear foot of the building frontage up to a maximum of 128 square feet per occupancy, is permitted. (4) Exterior building finishes. 11 Onyx Strategic Partners 330 2nd Ave S #370, Minneapolis, MN 55401 Page 156 of 517 Business Park Zoning - Request Letter June 8, 2026 a. It is the intent of the city to promote and encourage high standards of creative architectural design in the business park district. b. In the business park zoning district, the following are acceptable building materials and finishes: 1. Brick. 2. Natural or cut stone. 3. Integrally colored split face (rock face), burnished, or glazed concrete masonry unit (excluding plain or painted). 4. Integrally colored and exposed aggregate precast concrete panels (excluding single-T or double-T panels, plain, uncolored, or raked finish) or specially designed, cast-in-place concrete. 5. Glass, architectural metal, fiberglass and aluminum, provided such panels are factory fabricated and finished with a durable nonfade surface and their fasteners are of a corrosion-resistant design. 6. Stucco, E.I.F.S., and other cementitious coating. 7. Wood, provided the surfaces are finished for exterior use or wood of 12 Onyx Strategic Partners 330 2nd Ave S #370, Minneapolis, MN 55401 Page 157 of 517 Business Park Zoning - Request Letter June 8, 2026 proven exterior durability is used, such as cedar, redwood, and/or cypress. 8. Other materials determined as acceptable by the planning department. c. Major exterior surfaces that are adjacent to any public street, public trail/path, or adjacent residentially zoned properties shall be of one of the acceptable materials and shall be combined with at least 30 percent of one or more acceptable materials, or with 40 percent punched openings, with or without glass (or as much as allowed by the Uniform Building Code, whichever is less), neither of which are to be concentrated in any one location, unless to accentuate a design feature. Major exterior surfaces that are visible from but not adjacent to any public street, public trail/path, or adjacent residentially zoned properties shall be considered transition walls and may have less than the 30 percent combination or less than 40 percent punched openings, but either shall not be reduced to zero percent). Reductions below 20 percent shall require staff approval. Such walls shall be screened from view with additional landscaping. The requirement to have at least 30 percent of one or more acceptable materials shall not apply to the loading dock wall. 13 Onyx Strategic Partners 330 2nd Ave S #370, Minneapolis, MN 55401 Page 158 of 517 Business Park Zoning - Request Letter June 8, 2026 d. Major exterior surfaces that are adjacent to any public street, public trail/path, or adjacent residentially zoned properties shall not exceed 160 feet zero inches in length without a minimum four-foot depth change (recesses, protrusions, or a combination thereof), with at least two feet of such change to be in the entire height of the facade. e. Alternatively, exterior wall surfaces are to be designed with architectural interest through multiple design techniques such as, but not limited to, architectural forms, reveals, textures, cornice detailing, changes in surface planes, color, punched openings and/or changes in parapet elevations. The use of design techniques alone or lower percentage of additional acceptable materials noted in subsection (e)(4)c. of this section shall require site plan review and approval by the city planning commission. f. The building shall be designed so as to prevent the appearance of straight, unbroken lines in the horizontal and vertical surfaces. g. Main entrances shall be emphasized with a complementary material which is different from the primary building material. 14 Onyx Strategic Partners 330 2nd Ave S #370, Minneapolis, MN 55401 Page 159 of 517 Business Park Zoning - Request Letter June 8, 2026 h. Garage doors shall have a color that matches or coordinates with the buildings primary body color. i. The building shall be designed to screen equipment located on the roof of the building. Alternatively, such equipment shall be located in such a manner so that it cannot be seen from the adjacent public street, public path/trail, or adjacent residentially zoned property at the same elevation of the first floor of the building. (5) Landscaping. Notwithstanding the provisions of subdivision IV of division 5 of this article, the following requirements shall be met: a. Of the total number of overstory trees required, a minimum of 25 percent shall be ornamental trees and 25 percent shall be conifer trees. b. A landscaping credit of up to 25 percent may be given to a site plan which contains exterior sculptures, fountains, ponds beyond those required for storm drainage and other site enhancements as approved by the building and zoning administrator. c. Underground irrigation shall be installed within the front yard and all 15 Onyx Strategic Partners 330 2nd Ave S #370, Minneapolis, MN 55401 Page 160 of 517 Business Park Zoning - Request Letter June 8, 2026 landscaped areas adjacent to a public right-of-way. Thank you for the opportunity to submit this letter, and an updated draft of code, for your consideration. It is greatly appreciated. Highest Regards, Jessica Houlihan CEO, Onyx Strategic Partners 16 Onyx Strategic Partners 330 2nd Ave S #370, Minneapolis, MN 55401 Page 161 of 517 Applicants Proposed Amendments Sec. 30-1295. BP business park district. (a) Purpose. (1) The business park district is established to encourage a planned, integrated environment for certain industrial, office, and commercial uses, which are compatible with and complement each other as well as the surrounding land uses. The underlying land use designation within the district may vary and may be either light industrial or highway business. Development within the business park district will correspond with the land use designation. Industrial and office uses are allowed where the land use designation is light industrial, and commercial uses are allowed where the land use designation is highway business. (2) It is the intent of this section that development reflect common themes using compatible architectural design and consistency in signage, landscaping, and lighting. It is also the intent to encourage businesses, which generate a high number of jobs per square foot rather than predominantly warehouse type uses. (b) Permitted uses. Permitted uses in the BP district are as follows: (1) Business offices. (2) Mail order operations. (3) Manufacturing, light. (4) Medical Facilities, Outpatient (4)(5) (5)(6) Research and development facilities. (6)(7) Sherburne County Fair. (7)(8) Office/showroom spaces. (9) Warehouse spaces (not exceeding 50 75 percent of the entire building). (10) Wholesale businesses (business-to-business). (11) Machine shops. (12) Printing and publishing. (13) Repair services, except for businesses related to passenger vehicles and trucks. (c) Accessory uses. Accessory uses in the BP district are as follows: (1) Cocktail rooms. (2) Massage, therapeutic establishments (when offered within the confines of a medical or chiropractic clinic). (3) Parking lots. (4) Retail sales, provided the following conditions are met: Page 162 of 517 Applicants Proposed Amendments a. The retail sales activity shall not be located in an administrative office facility, but shall be located within a business, the principal use of which is not commercial sales. b. The retail sales activity shall not occupy more than 15 percent of the gross floor area, or a maximum of 5,000 square feet of the occupied quarters, whichever is less. c. The retail sales activity shall be related and subordinate to the principal use. d. No sign identifying or promoting that retail sales occur within the building shall be visible from outside the building. e. Freestanding retail shops and stores shall be limited to those which complement other uses within the business park and provide a service to those other businesses, and shall not exceed 20,000 square feet in size. f. Retail/wholesale sales incidental to products manufactured, assembled, or warehoused on the premises may be permitted as an accessory use provided no more than ten percent of the building is used for retail/wholesale sales. (5) Signs (as permitted in section 30-851 et seq.). (6) Structures, accessory (provided the materials are the same as those of the existing principal structure). (d) Conditional uses. Conditional uses in the BP district are as follows: (1) Brewer taprooms. (2) Government facilities. (3) Loading areas/overhead doors when located in front yards. (4) Microbreweries. (5) Microdistilleries. (6) Health and fitness clubs. (7) Indoor commercial dog kennel. (5)(8) Motor vehicle repair shops, provided that they meet the following conditions: a. All repair services shall be conducted inside the building. b. Merchandise shall be stored inside the building. c. All damaged vehicles stored on the premises shall be stored within an area which is screened by a six-foot high 100 percent opaque fence constructed of factory finished metal or vinyl material. d. The building shall comply with the material requirements of this section, and 30 percent of any building face and all overhead doors facing any public street shall be constructed of glass material. e. No sales or display of merchandise outside the building. Page 163 of 517 Applicants Proposed Amendments f. The building shall be a minimum of 15,000 square feet. (6)(9) Outdoor storage, provided the storage area: a. Is accessory to a principal permitted or conditional use; and b. Complies with the accessory structure setback requirement applicable to the property; and c. Is no larger than 30 percent of the building area; and d. Includes screening so as to provide a visual barrier. Any such barrier shall reduce visibility in a manner that restricts vision of the object being screened, but is not required to totally block the vision of any such object. 1. Screening shall consist of two or more of the following: i. A compact evergreen or deciduous hedge or evergreen, overstory and ornamental trees of sufficient width and density; or a. Hedge material must be at least three feet in height. b. Deciduous trees must be at least two inches in diameter as measured six inches above the ground. c. Coniferous trees must be at least six feet in height. ii. An earth berm of sufficient height to provide an effective screen throughout the year; or a. Earth berms shall not have a slope of more than three feet horizontal to one foot vertical or be located within any street right-of-way unless otherwise approved by the city engineer. iii. A screening fence constructed of one or more of the following materials: a. Factory finished metal or vinyl panels. b. Wood. (7)(10) Storage tanks (aboveground). (8)(11) Warehouse space (exceeding 50 percent of the total building floor area up to a maximum of 65 percent). Page 164 of 517 Recommend Amendments Sec. 30-1295. BP business park district. (a) Purpose. (1) The business park district is established to encourage a planned, integrated environment for certain industrial, office, and commercial uses, which are compatible with and complement each other as well as the surrounding land uses. The underlying land use designation within the district may vary and may be either light industrial or highway business. Development within the business park district will correspond with the land use designation. Industrial and office uses are allowed where the land use designation is light industrial, and commercial uses are allowed where the land use designation is highway business. (2) It is the intent of this section that development reflect common themes using compatible architectural design and consistency in signage, landscaping, and lighting. It is also the intent to encourage businesses, which generate a high number of jobs per square foot rather than predominantly warehouse type uses. (b) Permitted uses. Permitted uses in the BP district are as follows: (1) Business offices. (2) Mail order operations. (3) Manufacturing, light. (4) Medical Facilities, Outpatient (5) Printing and publishing. (6) Repair services, except vehicles, trailers, and combustible engines. (For example, but not limited go, technology repair, equipment repair, shoe repair, seamstress, piano repair, etc.) (7) (5)(8) Research and development facilities. (6)(9) Sherburne County Fair. (7)(10) Office/showroom spaces. (11) Warehouse spaces (not exceeding 50 percent of the entire building). (c) Accessory uses. Accessory uses in the BP district are as follows: (1) Cocktail rooms. (2) Massage, therapeutic establishments (when offered within the confines of a medical or chiropractic clinic). (3) Parking lots. (4) Retail sales, provided the following conditions are met: Page 165 of 517 Recommend Amendments a. The retail sales activity shall not be located in an administrative office facility, but shall be located within a business, the principal use of which is not commercial sales. b. The retail sales activity shall not occupy more than 15 percent of the gross floor area, or a maximum of 5,000 square feet of the occupied quarters, whichever is less. c. The retail sales activity shall be related and subordinate to the principal use. d. No sign identifying or promoting that retail sales occur within the building shall be visible from outside the building. e. Freestanding retail shops and stores shall be limited to those which complement other uses within the business park and provide a service to those other businesses, and shall not exceed 20,000 square feet in size. f. Retail/wholesale sales incidental to products manufactured, assembled, or warehoused on the premises may be permitted as an accessory use provided no more than ten percent of the building is used for retail/wholesale sales. (5) Signs (as permitted in section 30-851 et seq.). (6) Structures, accessory (provided the materials are the same as those of the existing principal structure). (d) Conditional uses. Conditional uses in the BP district are as follows: (1) Brewer taprooms. (2) Government facilities. (3) Loading areas/overhead doors when located in front yards. (4) Microbreweries. (5) Microdistilleries. (6) Motor vehicle repair shops, provided that they meet the following conditions: a. All repair services shall be conducted inside the building. b. Merchandise shall be stored inside the building. c. All damaged vehicles stored on the premises shall be stored within an area which is screened by a six-foot high 100 percent opaque fence constructed of factory finished metal or vinyl material. d. The building shall comply with the material requirements of this section, and 30 percent of any building face and all overhead doors facing any public street shall be constructed of glass material. e. No sales or display of merchandise outside the building. f. The building shall be a minimum of 15,000 square feet. (7) Outdoor storage, provided the storage area: Page 166 of 517 Recommend Amendments a. Is accessory to a principal permitted or conditional use; and b. Complies with the accessory structure setback requirement applicable to the property; and c. Is no larger than 30 percent of the building area; and d. Includes screening so as to provide a visual barrier. Any such barrier shall reduce visibility in a manner that restricts vision of the object being screened, but is not required to totally block the vision of any such object. 1. Screening shall consist of two or more of the following: i. A compact evergreen or deciduous hedge or evergreen, overstory and ornamental trees of sufficient width and density; or a. Hedge material must be at least three feet in height. b. Deciduous trees must be at least two inches in diameter as measured six inches above the ground. c. Coniferous trees must be at least six feet in height. ii. An earth berm of sufficient height to provide an effective screen throughout the year; or a. Earth berms shall not have a slope of more than three feet horizontal to one foot vertical or be located within any street right-of-way unless otherwise approved by the city engineer. iii. A screening fence constructed of one or more of the following materials: a. Factory finished metal or vinyl panels. b. Wood. (8) Storage tanks (aboveground). (9) Warehouse space (exceeding 50 percent of the total building floor area up to a maximum of 65 percent). Page 167 of 517The City of Eagan (example) The City of Blaine (example) The City of Elk River (currently) The City of Elk River (proposed additional) Permitted Uses Permitted Uses Permitted Uses Permitted Uses Manufacturing uses: manufacturing, compounding, processing, packaging, storage, treatment, or assembly of products and materials within a structure, except for rendering/slaughtering/refining facilities, Adult establishments. cannabis cultivation and cannabis manufacturing. Business offices. Warehousing (up to 75%) Financial institutions and banks (without drive- through facilities). Warehousing. Mail order operations. Wholesale businesses. Research laboratories, when wholly contained Freestanding satellite dishes, subject to the within a building and which meet and maintain all regulations thereof elsewhere in this chapter. Wholesale businesses. Manufacturing, light. applicable standards established by the state. Office and office buildings. Business and professional offices, not including medical. Research and development facilities. Technical, vocational and business schools. Office/warehouses and office/showrooms. Engraving shops. Sherburne County Fair. Machine shops. Processing, packaging, cleaning, storage, assembling, servicing, repair or testing of materials, goods or products, when wholly contained within a building and which meet and maintain all applicable standards established by the state. Machine shops. Office/showroom spaces. Printing and publishing. Public utility tower mounted antennae, subject to the regulations thereof elsewhere in this Warehouse spaces (not exceeding 50 Repair services, except for businesses related to chapter. Printing and publishing. percent of the entire building). passenger vehicles and trucks. Repair services, except for businesses related to passenger vehicles and Public utility uses. trucks. Research laboratories, when wholly contained within a building and which meet and maintain all applicable standards established by the state. Service uses of blue-printing, duplicating, mailing, and graphic arts. Technical, vocational and business schools. Research and design laboratories. Cannabis microbusiness (indoor cultivation only). Data center. Uses not explicitly enumerated in this section as permitted uses, but closely similar thereto as determined by the zoning administrator, provided Cannabis mezzobusiness (indoor cultivation these uses are not explicitly mentioned as permitted or conditional uses only). elsewhere in the ordinance. Cannabis cultivator (indoor only). Cannabis manufacturer. Cannabis wholesaler. Cannabis testing facility. Cannabis event organizer (office use only). Medical cannabis combination business (indoor cultivation only). Conditional Uses Conditional Uses Conditional Uses Conditional Uses Coffee kiosks, subject to the regulations thereof elsewhere in this chapter. Commercial nurseries/greenhouses. Brewer taprooms. Health and fitness clubs. Daycare facilities. Online purchase pick-up location. Government facilities. Indoor commercial dog kennel. Loading areas/overhead doors when located Elementary and middle schools. Heliports. in front yards. Passenger vehicle service, major repair, including painting, body work and Financial institutions and banks with drive- dismantling, exclusive of auto reduction yards. Storage of vehicles shall through facilities. be screened with 100 percent opaqueness. Microbreweries. Page 168 of 517 Outdoor storage of passenger vehicles or vans, other than those specified in section 121-21(6), provided such storage shall be screened with 100 percent opaqueness. Such outdoor storage shall be related specifically to Health care facilities. a permitted or approved conditional use. Microdistilleries Two or more buildings on same lot, provided such buildings relate to one Motor vehicle repair shops, provided that Health and fitness clubs. permitted or conditional use. they meet conditions Hotels and motels. Building over 50 feet from ground level. Outdoor storage, provided the storage area: Restaurants—Full service and casual and any outdoor dining area in conjunction therewith, subject to the regulations thereof elsewhere in this chapter. Indoor vehicles sales showroom. Storage tanks (aboveground). Warehouse space (exceeding 50 percent of the total building floor area up to a Zero lot line, with shared access or parking. maximum of Principal adult uses, as defined and licensed under chapter 22, article II. Indoor commercial dog kennel with or without dwelling for night watchperson. Personal care, health care, recreation, fitness, or education related commercial services. Sites must be able to demonstrate adequate on-site parking. Uses must be destination based and not generate traffic volumes measurably above the range normally expected by the other allowed I-1 uses. With the exception noted in section 121-21(3), general retail sales is not permitted under this section. Brewer taproom as associated with and on the same site as a licensed brewery. Ground-mounted solar as an accessory use. Accessory Uses Accessory Uses Accessory Uses Accessory Uses Coffee shops and cafeterias located within the Dwelling for watchman (not to exceed 500 square feet) and limited to one principal structure. person. Cocktail rooms. Retail sales, incidental to manufacturing, of products manufactured, Garages or similar structures used to store assembled, or warehoused on the premises, provided no more than ten Massage, therapeutic establishments (when vehicles and equipment. percent of the building is used for retail space. offered within the confines of a medical or Parking and loading as regulated herein. Coffee shops/cafeteria for employees. Parking lots. Retail sales of any service or any product, goods or material produced at or directly related to the principle use on site, subject to the Retail sales, provided the following following: Recreational facilities for employees. conditions are met: The retail sales are subordinate to the principle Signs (as permitted in section 30-851 et use. Day care related to employee. seq.). The gross floor area used for the retail sales is not more than 15 percent of the total gross floor area or 3,000 square feet, whichever is less, of Cars, vans, pickup trucks, and utility trailers no longer than 15 feet in the principle building if a single user/occupant length parked outside and used by employees or visitors in the normal Structures, accessory (provided the or of the principle user's occupied space if course of the business operation parked in the side and rear yard outside materials are the same as those of the within a multiple-user structure. of the required parking stalls. existing principal The retail sales are owned and operated solely by the principle user/occupant of the subject site. Page 169 of 517Temporary outdoor event, cultural/entertainment event, and outdoor food sales, subject to regulations thereof elsewhere in this chapter. Page 170 of 517 Strikethroughs to be removed Underlines to be added Ordinance 26 - 15 An Ordinance Amending Chapter, 30, Section 30-1295, BP business park district, of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § 30-1295, BP business park district, of the City of Elk River Code of Ordinances shall be amended to read as follows: Section 30-1295. BP business park district. (a) Purpose. (1) The business park district is established to encourage a planned, integrated environment for certain industrial, office, and commercial uses, which are compatible with and complement each other as well as the surrounding land uses. The underlying land use designation within the district may vary and may be either light industrial or highway business. Development within the business park district will correspond with the land use designation. Industrial and office uses are allowed where the land use designation is light industrial, and commercial uses are allowed where the land use designation is highway business. (2) It is the intent of this section that development reflect common themes using compatible architectural design and consistency in signage, landscaping, and lighting. It is also the intent to encourage businesses, which generate a high number of jobs per square foot rather than predominantly warehouse type uses. (b) Permitted uses. Permitted uses in the BP district are as follows: (1) Business offices. (2) Mail order operations. (3) Manufacturing, light. (3)(4) Medical facilities, outpatient. (5) Printing and publishing. (6) Repair services, except vehicles, trailers, and combustible engines. (For example, but not limited go, technology repair, equipment repair, shoe repair, seamstress, piano repair, etc.) (4)(7) Research and development facilities. (5)(8) Sherburne County Fair. (6)(9) Office/showroom spaces. (7)(10) Warehouse spaces (not exceeding 50 percent of the entire building). SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 15th day of June 2026. ______________________________ John J. Dietz, Mayor ATTEST: _______________________________ Justin Dunford, City Clerk Page 171 of 517 Sec. 30-1295. BP business park district. (a) Purpose. (1) The business park district is established to encourage a planned, integrated environment for certain industrial, office, and commercial uses, which are compatible with and complement each other as well as the surrounding land uses. The underlying land use designation within the district may vary and may be either light industrial or highway business. Development within the business park district will correspond with the land use designation. Industrial and office uses are allowed where the land use designation is light industrial, and commercial uses are allowed where the land use designation is highway business. (2) It is the intent of this section that development reflect common themes using compatible architectural design and consistency in signage, landscaping, and lighting. It is also the intent to encourage businesses, which generate a high number of jobs per square foot rather than predominantly warehouse type uses. (b) Permitted uses. Permitted uses in the BP district are as follows: (1) Business offices. (2) Mail order operations. (3) Manufacturing, light. (4) Research and development facilities. (5) Sherburne County Fair. (6) Office/showroom spaces. (7) Warehouse spaces (not exceeding 50 percent of the entire building). (c) Accessory uses. Accessory uses in the BP district are as follows: (1) Cocktail rooms. (2) Massage, therapeutic establishments (when offered within the confines of a medical or chiropractic clinic). (3) Parking lots. (4) Retail sales, provided the following conditions are met: a. The retail sales activity shall not be located in an administrative office facility, but shall be located within a business, the principal use of which is not commercial sales. b. The retail sales activity shall not occupy more than 15 percent of the gross floor area, or a maximum of 5,000 square feet of the occupied quarters, whichever is less. c. The retail sales activity shall be related and subordinate to the principal use. d. No sign identifying or promoting that retail sales occur within the building shall be visible from outside the building. e. Freestanding retail shops and stores shall be limited to those which complement other uses within the business park and provide a service to those other businesses, and shall not exceed 20,000 square feet in size. Created: 2025-09-17 17:10:34 [EST] (Supp. No. 64) Page 1 of 5 Page 172 of 517 f. Retail/wholesale sales incidental to products manufactured, assembled, or warehoused on the premises may be permitted as an accessory use provided no more than ten percent of the building is used for retail/wholesale sales. (5) Signs (as permitted in section 30-851 et seq.). (6) Structures, accessory (provided the materials are the same as those of the existing principal structure). (d) Conditional uses. Conditional uses in the BP district are as follows: (1) Brewer taprooms. (2) Government facilities. (3) Loading areas/overhead doors when located in front yards. (4) Microbreweries. (5) Microdistilleries. (6) Motor vehicle repair shops, provided that they meet the following conditions: a. All repair services shall be conducted inside the building. b. Merchandise shall be stored inside the building. c. All damaged vehicles stored on the premises shall be stored within an area which is screened by a six-foot high 100 percent opaque fence constructed of factory finished metal or vinyl material. d. The building shall comply with the material requirements of this section, and 30 percent of any building face and all overhead doors facing any public street shall be constructed of glass material. e. No sales or display of merchandise outside the building. f. The building shall be a minimum of 15,000 square feet. (7) Outdoor storage, provided the storage area: a. Is accessory to a principal permitted or conditional use; and b. Complies with the accessory structure setback requirement applicable to the property; and c. Is no larger than 30 percent of the building area; and d. Includes screening so as to provide a visual barrier. Any such barrier shall reduce visibility in a manner that restricts vision of the object being screened, but is not required to totally block the vision of any such object. 1. Screening shall consist of two or more of the following: i. A compact evergreen or deciduous hedge or evergreen, overstory and ornamental trees of sufficient width and density; or a. Hedge material must be at least three feet in height. b. Deciduous trees must be at least two inches in diameter as measured six inches above the ground. c. Coniferous trees must be at least six feet in height. ii. An earth berm of sufficient height to provide an effective screen throughout the year; or Created: 2025-09-17 17:10:34 [EST] (Supp. No. 64) Page 2 of 5 Page 173 of 517 a. Earth berms shall not have a slope of more than three feet horizontal to one foot vertical or be located within any street right-of-way unless otherwise approved by the city engineer. iii. A screening fence constructed of one or more of the following materials: a. Factory finished metal or vinyl panels. b. Wood. (8) Storage tanks (aboveground). (9) Warehouse space (exceeding 50 percent of the total building floor area up to a maximum of 65 percent). (e) Additional standards. The following additional standards apply in the BP district: (1) Loading spaces and overhead doors. a. Loading spaces/overhead doors shall be located in designated rear yards and secondarily in designated side yards. Loading areas/overhead doors shall not be located in designated front yards unless approved as a conditional use. b. Loading spaces and overhead doors shall be designed to be compatible with the principal building. Architectural techniques and landscaping shall be employed to reduce visual impacts from adjacent properties and roadways. (2) Dumpsters and refuse enclosures. a. All dumpsters shall be completely screened from public view by using enclosures constructed of similar material as the principal building. b. Refuse enclosures shall include gates and be located in designated rear or side yards. (3) Rooftop or ground electrical equipment; signs. a. All utility equipment shall either be: 1. Screened from the eye level view of adjoining properties by use of exterior walls and/or landscaping; 2. Painted to match or complement the building structures; or 3. Incorporated into an architectural design, as approved by the building and zoning administrator. b. Notwithstanding the provisions of subdivision II of division 5 of this article, the following requirements regarding signage shall be met: 1. All freestanding signage shall be of a monument style sign and have a maximum size of 64 square feet and height of eight feet. 2. One on-premises business wall sign per occupancy, not to exceed two square feet in sign area for each linear foot of the building frontage up to a maximum of 128 square feet per occupancy, is permitted. (4) Exterior building finishes. a. It is the intent of the city to promote and encourage high standards of creative architectural design in the business park district. b. In the business park zoning district, the following are acceptable building materials and finishes: Created: 2025-09-17 17:10:34 [EST] (Supp. No. 64) Page 3 of 5 Page 174 of 517 1. Brick. 2. Natural or cut stone. 3. Integrally colored split face (rock face), burnished, or glazed concrete masonry unit (excluding plain or painted). 4. Integrally colored and exposed aggregate precast concrete panels (excluding single-T or double-T panels, plain, uncolored, or raked finish) or specially designed, cast-in-place concrete. 5. Glass, architectural metal, fiberglass and aluminum, provided such panels are factory fabricated and finished with a durable nonfade surface and their fasteners are of a corrosion-resistant design. 6. Stucco, E.I.F.S., and other cementitious coating. 7. Wood, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood, and/or cypress. 8. Other materials determined as acceptable by the planning department. c. Major exterior surfaces that are adjacent to any public street, public trail/path, or adjacent residentially zoned properties shall be of one of the acceptable materials and shall be combined with at least 30 percent of one or more acceptable materials, or with 40 percent punched openings, with or without glass (or as much as allowed by the Uniform Building Code, whichever is less), neither of which are to be concentrated in any one location, unless to accentuate a design feature. Major exterior surfaces that are visible from but not adjacent to any public street, public trail/path, or adjacent residentially zoned properties shall be considered transition walls and may have less than the 30 percent combination or less than 40 percent punched openings, but either shall not be reduced to zero percent). Reductions below 20 percent shall require staff approval. Such walls shall be screened from view with additional landscaping. The requirement to have at least 30 percent of one or more acceptable materials shall not apply to the loading dock wall. d. Major exterior surfaces that are adjacent to any public street, public trail/path, or adjacent residentially zoned properties shall not exceed 160 feet zero inches in length without a minimum four-foot depth change (recesses, protrusions, or a combination thereof), with at least two feet of such change to be in the entire height of the facade. e. Alternatively, exterior wall surfaces are to be designed with architectural interest through multiple design techniques such as, but not limited to, architectural forms, reveals, textures, cornice detailing, changes in surface planes, color, punched openings and/or changes in parapet elevations. The use of design techniques alone or lower percentage of additional acceptable materials noted in subsection (e)(4)c. of this section shall require site plan review and approval by the city planning commission. f. The building shall be designed so as to prevent the appearance of straight, unbroken lines in the horizontal and vertical surfaces. g. Main entrances shall be emphasized with a complementary material which is different from the primary building material. h. Garage doors shall have a color that matches or coordinates with the building's primary body color. i. The building shall be designed to screen equipment located on the roof of the building. Alternatively, such equipment shall be located in such a manner so that it cannot be seen from Created: 2025-09-17 17:10:34 [EST] (Supp. No. 64) Page 4 of 5 Page 175 of 517 the adjacent public street, public path/trail, or adjacent residentially zoned property at the same elevation of the first floor of the building. (5) Landscaping. Notwithstanding the provisions of subdivision IV of division 5 of this article, the following requirements shall be met: a. Of the total number of overstory trees required, a minimum of 25 percent shall be ornamental trees and 25 percent shall be conifer trees. b. A landscaping credit of up to 25 percent may be given to a site plan which contains exterior sculptures, fountains, ponds beyond those required for storm drainage and other site enhancements as approved by the building and zoning administrator. c. Underground irrigation shall be installed within the front yard and all landscaped areas adjacent to a public right-of-way. (Code 1982, § 900.12(16); Ord. No. 00-11, § 1, 6-19-2000; Ord. No. 00-16, §§ 1—3, 9-18-2000; Ord. No. 01-13, § 1, 8-20-2001; Ord. No. 02-01, § 1, 1-22-2002; Ord. No. 02-04, § 2, 4-15-2002; Ord. No. 04-11, § 1, 7-19-2004; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 05-19, § 2, 8-15-2005; Ord. No. 06-04, 3-20-2006; Ord. No. 07-07, § 6, 7-16-2007; Ord. No. 07-11, § 1, 8-20-2007, Ord. No. 07-12, § 1, 8-20-2007; Ord. No. 09-06, § 3, 7-20-2009; Ord. No. 10-19, § 2, 10-18-2010; Ord. No. 12-11, § 6, 7-16-2012; Ord. No. 12-15, § 1, 10-15-2012; Ord. No. 15-03, § 8, 1-20-2015; Ord. No. 16-16, § 5, 7-18-2016; Ord. No. 18-03, § 9, 3-19-2018) Editor's note(s)—Ord. No. 18-03, § 9, adopted March 19, 2018, renumbered § 30-1294 as § 30-1295. Created: 2025-09-17 17:10:34 [EST] (Supp. No. 64) Page 5 of 5 Page 176 of 517Page 177 of 517 Request for Action To Item Number City Council 4.5 Meeting Date Prepared By July 6, 2026 Lori Stich, Finance Manager Item Description Reviewed by Resolution 26-42: Authorize Transfer from the Lori Stich Liquor Fund to the Park Improvement Fund Joe Stremcha Cal Portner Justin Dunford Action Requested Adopt, by motion, Resolution 26-42 authorizing the transfer from the Municipal Liquor Fund to the Park Improvement Fund Background/Discussion The Park Improvement Funding Policy allows for the transfer from the Municipal Liquor Fund of up to 45% of operating income, less budgeted transfer or $250,000, whichever is greater. The goal is to provide long-term funding source stability and allow for planning of the replacement and maintenance of city park assets. Based on the funding policy, the amount of the transfer from the Municipal Liquor Fund to the Park Improvement Fund will be $250,000. Financial Impact The 2026 transfer amount of $250,000 is budgeted for in the Municipal Liquor Fund. Mission/Policy/Goal Responsibly grow and develop a sustainable and prosperous community. Attachments 1. Resolution 26-42: Authorize Transfer from Liquor Fund to PIF The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 178 of 517 City of Elk River City Council Resolution 26-42 A Resolution of the City Council of the City of Elk River Authorizing a Transfer from the Liquor Fund to the Park Improvement Fund WHEREAS, The City Council approved the establishing of the Park Improvement Funding Policy on June 2, 2008, and revised the policy on June 21, 2021; and WHEREAS, The City Council has reviewed the request and determined it to be a sound financial practice; and WHEREAS, It has been determined that $250,000 should be transferred out of the Liquor Fund to provide funding for the Park Improvement Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: The transfer of $250,000 from the Liquor Fund to the Park Improvement Fund. Passed and adopted this 6th day of July 2026. John J. Dietz, Mayor ATTEST: Justin Dunford, City Clerk Page 179 of 517 Request for Action To Item Number City Council 4.6 Meeting Date Prepared By July 6, 2026 Lori Stich, Finance Manager Item Description Reviewed by Resolution 26-43: Authorize Transfer from the Lori Stich Government Building Fund to the 2020B CIP Joe Stremcha Refunding Debt Service Fund. Cal Portner Justin Dunford Action Requested Adopt, by motion, Resolution 26-43 authorizing the transfer from the Government Building Fund to the 2020B CIP Refunding Debt Service Fund. Background/Discussion In November 2020, the City Council authorized the issuance of $5,340,000 Capital Improvement Plan Refunding Bonds, Series 2020B, to refund the Series 2010A and 2012A Capital Improvement Plan Bonds. The bonds are a general obligation of the city payable by a tax levy or other sources. The scheduled payments for 2026 include an interest payment of $38,847.50 and principal payment of $320,000 due February 1, 2026, and an interest payment of $30,847.50 due August 1, 2026, for the 2020B CIP Refunding Bonds. Financial Impact The Government Building fund has a cash balance of $3,442,166 and will transfer $389,695 to the 2020B CIP Refunding Debt Service Fund. Mission/Policy/Goal Responsibly grow and develop a sustainable, prosperous community. Attachments 1. Resolution 26-43: Government Building Fund Transfer to 2020B CIP Debt Service The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 180 of 517 City of Elk River City Council Resolution 26-43 A Resolution of the City Council of the City of Elk River Authorizing a Transfer from the Government Building Fund to the 2020B CIP Refunding Debt Service Fund WHEREAS, The City Council authorized the issuance of the 2020B Capital Improvement Refunding Bonds on November 2, 2020; and WHEREAS, The bonds are a general obligation of the city payable by a tax levy or other sources; and WHEREAS, The City Council has reviewed the request to transfer funds from the Government Building fund for the debt service payments and consented to the following. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: The transfer of $389,695 from the Government Building Fund to the 2020B CIP Refunding Debt Service Fund. Passed and adopted this 6th day of July 2026. John J. Dietz, Mayor ATTEST: Justin Dunford, City Clerk Page 181 of 517 Request for Action To Item Number City Council 4.7 Meeting Date Prepared By July 6, 2026 Katie Harstad, Community Event Center Manager Item Description Reviewed by FT Center 2027 Rate Schedule Joe Stremcha Cal Portner Justin Dunford Action Requested Approve, by motion, the 2027 FT Center rate schedule as presented. Background/Discussion The City Council and Community Event Center Commission held a joint work session to discuss the 2027 FT Center rate schedule on June 15, 2026. Staff solicited comparable rates and presented the findings. The following rate schedule is the result of their collaborative efforts: Effective August 1, 2026 ▪ Adjust the ISD 728 School Hours from 7:00 AM -2:00 p.m. to 6:00 a.m. - 2:00 p.m. ▪ Add 2026 Premium Game Ice to include Jumbotron & Music staff at $300 per hour through December 31, 2026. ▪ Add 2026 Deluxe Game Ice to include Jumbotron, Music, & Announcing staff at $335 per hour through December 31, 2026. Effective January 1, 2027 2027 Ice Rental Rates (Cornerstone Automotive Arena or Kiser Construction Arena) • Bronze (rented 0+ hours in 2026) o $276/hr = Prime (September-March) o $220/hr = Non-Prime (April-August) o $311/hr = Premium Game Ice (Includes Jumbotron, Music) o $346/hr = Deluxe Game Ice (includes Jumbotron, Music, Announcer) o $138/hr = ISD 728 School Days (6 a.m.- 2 p.m.) Silver Home Affiliate (rented 200+ hours in 2026) • $270/hr = Prime (September-March) The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 182 of 517 • $209/hr = Non-Prime (April-August) • $304/hr = Premium Game Ice (Includes Jumbotron, Music) • $339/hr = Deluxe Game Ice (includes Jumbotron, Music, Announcer) • $138/hr = ISD 728 School Days (6 a.m.- 2 p.m.) • Gold Home Affiliate (rented 800+ hours in 2026) o $262/hr = Prime (September—March) o $187/hr = Non-Prime (April-August) o $295/hr = Premium Game Ice (Includes Jumbotron, Music) o $328/hr = Deluxe Game Ice (includes Jumbotron, Music, Announcer) o $138/hr = ISD 728 School Days (6 a.m.- 2 p.m.) 2027 Field House Rental Rates (The Yard x Rinks & Links) • Bronze (rented 0+ hours in 2026) o $203/hr = November-April o $146/hr = May, September, October o $105/hr = June-August o $100/hr = ISD 728 School Days (6 a.m.- 2 p.m.) • Silver Home Affiliate (rented 200+ hours in 2026) o $199/hr = November-April o $134/hr = May, September, October o $97/hr = June-August o $100/hr = ISD 728 School Days (6 a.m.- 2 p.m.) • Gold Home Affiliate (rented 800+ hours in 2026) o $193/hr = November-April o $124/hr = May, September, October o $89/hr = June-August o $100/hr = ISD 728 School Days (6 a.m.- 2 p.m.) 2027 Room Rental Rates: • Bronze (rented 0+ hours in 2026) o $100/hr = Flex Space o $50/hr = Party Room A or B o $95/hr = Party Rooms A & B Combined o $125/hr = Overlook Café o $110/hr = Overlook Lounge o $75/hr = Senior Activity Center ▪ Available to Senior Center Members Only ▪ $200 Damage Deposit ▪ $50 for Pool Table Use • Silver Home Affiliate (rented 200+ hours in 2026) o $98/hr = Flex Space o $49/hr = Party Room A or B o $93/hr = Party Rooms A & B Combined o $123/hr = Overlook Café o $108/hr = Overlook Lounge • Gold Home Affiliate (rented 800+ hours in 2026) Page 183 of 517 o $95/hr = Flex Space o $48/hr = Party Room A or B o $90/hr = Party Rooms A & B Combined o $119/hr = Overlook Café o $105/hr = Overlook Lounge • Catering Discount available for all room rentals o $25 off Room Fee for every $100 purchased in catering (except for the first hour of rental, which cannot be discounted) 2027 Monthly Space Rental Rates • $1.04/sq ft/month = Storage Space, Dryland Training Area, Locker Room Space • $1.46/st ft/month = Retail Space, Office Space Miscellaneous Rates: • $35/hr/staff = Event Production Workers to operate the music, Jumbotron, announcing, scoreboard, and other needs related to events at the FT Center. Financial Impact The FT Center ice, field house, and room rental rates are a significant source of operational revenue for the FT Center budget. Mission/Policy/Goal Responsible for every dollar - good stewards. Attachments None Page 184 of 517 Request for Action To Item Number City Council 4.8 Meeting Date Prepared By July 6, 2026 Jolene Richter, Deputy Clerk Item Description Reviewed by Resolution 26-44: Appointing Election Judges for the Cal Portner 2026 Elections Justin Dunford Action Requested Adopt, by motion, Resolution 26-44 appointing election judges for the 2026 elections. Background/Discussion Minnesota Statute §204B.21 requires election judges for precincts in a city to be appointed by the Council at least 25 days before the election at which the judges will serve. The attached resolution lists the judges who have been assigned to work the Statewide Primary Election on August 11, 2026, and the Statewide General Election on November 3, 2026. Financial Impact Election Judges are paid a wage of $14 per hour, and co-chairs are paid $18 per hour. Mission/Policy/Goal The City of Elk River Mission Statement. Attachments 1. Resolution 26-44: Appointing Election Judges for Statewide Primary The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 185 of 517 City of Elk River City Council Resolution 26-44 A Resolution of the City Council of the City of Elk River Appointing Election Judges for the 2026 Elections WHEREAS, pursuant to Minnesota Statute §204B.21, the City Council shall officially approve the appointment of the election judges; and WHEREAS, the City of Elk River City Council hereby adopts the judges listed on Exhibit A, hereto attached, as the official judges for the Statewide Primary Election on August 11, 2026, and the Statewide General Election on November 3, 2026, with the understanding that changes may be necessary to the appointments in order to fill vacancies and meet party balance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: that the names listed in Exhibit A, attached hereto, are the official election judges for the City of Elk River 2026 elections, and the City Council authorizes the city clerk to appoint additional judges as needed. Passed and adopted this 6th day of July 2026. John J. Dietz, Mayor ATTEST: Justin Dunford, City Clerk Page 186 of 517 EXHIBIT A Bailey Lisa Lynch Diane Beckers Connie Matushin Elycia Benzel Jennifer Miller Teresa Boucher Catrina Muellenberg Rochelle Brallier Amy Mulligan Karen Britt Xera Nelson Steve Budreau LeAnne Nowak Terry Carlson Ellen Nutt Tammy Cole Becky Olson Christina Cook Denise Olson Redgie Cormier Wendy Palmer Kevin Davis Heath Porter Joshua Davis Paula Jo Prall Jaclyn Degreeff Charles Prehatney Garrett Degreeff Sue Reker DeAnn Dierks Joel Remick Cynthia Dierks Maria Roy Mary Erickson Keri Russ Emma Fermoyle Melissa Savage Deb Filer Janice Schneider Cindy Foss Laura Schultz Linda Giemza Andrew Sharratt Carolyn Goeden-Massuch Jolene Shepherd Deborah Gragert Carol Stevens Leah Gross Tiffany Suggs Handsome Hales Sue Sutton Dianne Haugen Julie Taggart Karen Hjermstad Deb Takle Roberta Hjermstad Ross Varela Quintanilla Marcelo Hobbie Samantha Wagner Ken Johnson Dustin Wolff Brandon Kampa Sharon Youngdahl Terese Kent Jeremy Yunker Mary Koppendrayer Tami Krutzig Brent Lockwood Diane Lovelette Cindy Lovelette Wade Page 187 of 517 Request for Action To Item Number City Council 4.9 Meeting Date Prepared By July 6, 2026 Jolene Richter, Deputy Clerk Item Description Reviewed by Temporary On-Sale Liquor License: Saint Andrew Cal Portner Catholic Church Justin Dunford Action Requested Approve, by motion, a Temporary On-Sale Liquor License for the Church of St. Andrew for their event scheduled for September 20, 2026, with the condition that wristband control is required for patrons 21 and older and a recommendation that alcohol should be confined to an area enclosed by a fence with secured, controlled access. Background/Discussion The Church of St. Andrew applied for a Temporary On-Sale Liquor License for their event at the location of 566 4th Street NW. Financial Impact N/A Mission/Policy/Goal The City of Elk River Mission Statement. Attachments None The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 188 of 517 Request for Action To Item Number City Council 4.10 Meeting Date Prepared By July 6, 2026 Joe Stremcha, Business Services Director/Assistant City Administrator Item Description Reviewed by FT Center Restroom/Shower Improvements — Katie Harstad Architect Letter of Agreement Cal Portner Justin Dunford Action Requested Approve, by motion, the letter of agreement for professional services with LSE Architects to design restroom and shower improvements at the FT Center. Background/Discussion Staff discussed restroom/shower improvements at the FT Center during the April 13 Community Event Center Commission Regular Meeting, the April 20 City Council Work Session, and the June 15 City Council and Community Event Center Commission Joint Session. The improvements at The Yard warrant improved restroom facilities based on continued demand for larger events, drawing 300 to 2,000 attendees. The facility designed a single visiting locker room with built-in shower facilities; however, that locker room has been converted to the Squatch home locker room and is rented by them annually. Visiting teams at any level do not have access to showers, and this is notably challenging for high school and junior teams traveling great distances after events. Furthermore, the Squatch are moving up from the USPHL to the NCDC league, and the FT Center is regionally recognized as a premier venue. Locker room showers are necessary to attract premier tournaments and showcases in the future. Scope of work: ▪ Remodeling an existing 175 SF storage room in The Yard x Rinks and Links into a triple single-use restroom. ▪ Remodeling an existing 185 SF storage room in Cornerstone Arena into dual shower rooms (west). ▪ Remodeling an existing 185 SF storage room in Cornerstone Arena into dual shower rooms (east). LSE has included the services of structural and MEP engineering within the scope of work. Financial Impact The Building Reserve Fund receives revenue from the WM Landfill agreement and maintains a healthy balance. It is intended, by policy, to be utilized for major system replacement in city-owned facilities. The city has invested significantly in facilities and has been diligent in the maintenance of those facilities, so there are very The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 189 of 517few large projects on the near horizon. An interfund loan provides flexible financing and adds a new revenue stream to the Building Reserve Fund to ensure solvency long into the future. Because of the contractual agreements for community partnerships and growing operating revenues, staff feels comfortable financing planned/proposed capital improvements with an interfund loan from the Building Reserve Fund. Professional services total $10,400. Construction costs are expected to be near $200,000 and will be bid once LSE completes the design. Mission/Policy/Goal Meet changing needs - agile. Attachments 1. FT Center - Letter of Agreement-2026.06.23 2. EXHIBIT - RESTROOMS 3. EXHIBIT - SHOWERS 4. Exhibit - B LSE Reimbursable Expenses_2026 5. Exhibit - C LSE Hourly Rates_2026 Page 190 of 517 June 23, 2026 Ms. Katie Harstad, FT Event Center Manager Elk River – Furniture and Things Community Event Center 1000 School Street Northwest Elk River, MN 55330 Subject: FT Event Center Restroom s and Shower Enhancements Letter of Agreement for Professional Services Kartie, Thank you for the opportunity to submit a Letter of Agreement for Professional Services regarding the building enhancements located in Elk River, MN. The letter outlined below is between LSE Architects (Architect) and City of Elk River - FT Event Center (Owner) providing professional services for building remodeling on the existing property. PROJECT DESCRIPTION The event center is located at 1000 School Street Northwest in Elk River, MN. The project consists of a building enhancement remodeling. The building is situated in the heart of the city public-school complex. The building is fully sprinklered, has a steel frame structure with bar joists and metal deck roofing and steel stud exterior walls, and is occupied. The program is listed below with approximate square footages. Project Elements/ Program : Site: • Architect services are interior related only Building • Key spaces: - Remodeling an existing 175 SF storage room into a triple single use restroom. - to be verified - Remodeling an existing 185 SF storage room into dual shower rooms (west) - to be verified - Remodeling an existing 185 SF storage room into dual shower rooms (east) - to be verified • Extent of Scope of Services: Owner plans to execute a single-phase construction delivery by employing building enhancements totaling roughly 550 SF plus related impacted space. • Existing plan documents: Owner to share as-built digital project documentation (plans, interior elevations, building systems), General Construction Budget Architect understands there is no general construction budget established. Based on the type of work outlined, and the current industry pricing trends, the Architect anticipates a square foot cost range of between $225 to $275. Project Schedule Page 191 of 517 Page 2 LSE will begin services upon receipt of the signed Letter of Agreement and retainer. Construction level documents are expected to be completed in approximately five weeks. Architect anticipates Owner target construction completion is Fall 2026. SCOPE OF SERVICES Architect to provide Design, Construction Documents, and limited Construction Administration services as follows: 1. Design a. Visit property to verify and gather existing conditions information. b. Generate a design level floor plan and narrative for owner approval - Includes initial code review - Includes an MEP initial engineering services narrative - Includes structural engineer narrative on wall demolition c. Owner to confirm budget with Owner selected contractor (option) 2. Construction Documents (CD’s) a. Once design plan is approved, Architect to generate construction documents, that include: - Standard level of documentation to communicate building technical aspects for pricing and construction. (Demolition plan, floor plan, code plan, ceiling plan, interior elevations, finishes, MEP plan and notes, structural details) - Specifications (on sheets) - Coordinate with Owner consultants as necessary. 3. Construction Administration a. Assist contractor in submitting for building permit - CD’s listed above b. Provide limited site observations (per Owner direction) through the construction duration. Architect has included two (2) visits, including final punch list review c. Review and approve shop drawings and product submittals d. Provide coordination of RFI’s and provide responses from Owner contractor. e. Review of the contractor’s Applications for Payment (assume two submittals) to verify the pay requests 4. MEP and Structural engineering services are included in this Letter. PROPOSED COMPENSATION Based on the project description listed within this Letter, Architect proposes to provide the following stipulated sum fee, which is based on 8% of the projected construction cost: Ten Thousand Four Hundred Dollars and no cents $10,400.00 Architect requires a $2,000.00 (Two Thousand Dollars and no/cents) retainer to begin services upon signature of this Letter. This retainer is included in the overall fee. LSE has included the services of structural and MEP engineering per your email request. If the city has interest, these services could be provided in a design/build delivery to save money. We can discuss this if you wish to go that route. Payment Schedule Design/ Construction Documents (88% of fee) $9,155 Billed in first 30 days Construction Administration (12% of fee) $1,245 Billed monthly in construction (2-month duration) Page 192 of 517 Page 3 Project-related standard reimbursable expenses will be billed at our cost plus 10%. Please see the attached Appendix B for a complete description of anticipated project related reimbursable expenses. This includes such things as colored renderings, mileage, photocopies and other project related materials. Anticipated reimbursable expenses are up to $400.00. CLARIFICATIONS / ASSUMPTIONS • This Letter of Agreement includes architectural, interior design, structural engineering, and MEP engineering services only. Engineering [civil or other] are to be provided by Owner if required. • This Letter of Agreement does not include environmental, site survey, geotechnical reports, acoustical design, or other specialty consulting services, which would be provided by Owner • The Owner to share existing digital documentation that reflect the current condition. Architect accepts this documentation as accurate for use. Any deviations from existing condition are the Owner’s responsibility • Architect will follow enforced building, life safety and technical codes based on National and MN standards. • Energy modeling, B3 and/or LEED services are not included. • One hour is included in this Letter for one city coordination meeting. Additional meetings will be billed at $600/ meeting. The Owner agrees to a limitation of LSE Architect’s liability to the total amount of LSE’s fees noted in this Letter. LSE Architects appreciates the opportunity to continue to provide services for City of Elk River. Please contact us should you have any questions or comments related to this Letter of Agreement. If acceptable, Architect will work to develop an AIA B101 agreement or the AIA form architect agreement for full execution and signature. We thank the City of Elk River and sincerely value our evolving relationship with you and appreciate your trust in LSE Architects. If this meets your approval, please sign below, return a retainer check and one copy to our offices for our records. LSE Architects Inc. Brian Tempas, AIA, LEED Principal | Sr. Architect Approved: _____________________________________________________________________________ Ms. Katie Harstad, FT Event Center Manager Date Cc: Quin Scott, AIA Attachments: Exhibit - Restrooms/ Showers Existing Plan Information Exhibit - B LSE Reimbursable Expenses Exhibit - C LSE Hourly Rates Page 193 of 517EXHIBIT - RESTROOMS (BLDG. LOCATIONS) Page 194 of 517BEFORE 174.01 sf AFTER 6'-8 1/2" 7'-11 1/2" EXHIBIT- RESTROOMS 175 SF : OWNER SKETCH Page 195 of 517EXHIBIT - SHOWERS (BLDG. LOCATIONS) Page 196 of 517 183.38 sf WEST BEFORE WEST AFTER EXHIBIT - WEST (SHOWERS) 185 SF : OWNER SKETCH Page 197 of 517 181.74 sf 8'-1 1/4" 8'-9 1/4" EAST BEFORE EAST AFTER EXHIBIT - EAST (SHOWERS) 185 SF : OWNER SKETCH Page 198 of 517 EXHIBIT B - LSE REIMBURSABLE EXPENSES Description Rates Reproduction 8-1/2” x 11” B&W $ .20 8-1/2” x 11” Color $ 1.60 11” x 17” B&W $ .40 11” x 17” Color $ 2.85 HP Plotter Bond $ 1.00/sf CANON Plotter 7 mil Matte or Satin $ 8.50/sf Foam Core Boards (depending on size) $10.00 – 27.00 Mileage (rate per mile) Prevailing Government Rate Air Fare As billed to LSE Auto Rental As billed to LSE Other Transportation As billed to LSE Parking and Tolls As billed to LSE Meals As billed to LSE Lodging As billed to LSE Postage/Delivery Charges As billed to LSE Materials and Supplies As billed to LSE Models, Animations and Renderings (Presentation) As billed to LSE Photographic/Film As billed to LSE Codes/Ordinances As billed to LSE Legal As billed to LSE Consultants Cost plus 10% - 25% Sales Tax, If Applicable As billed to LSE Project Reimbursable Expenses will be invoiced at cost plus 10%, except Consultants which will be billed as noted. Effective January 1, 2026 Subject to Periodic Adjustment Page 199 of 517 EXHIBIT A - LSE HOURLY RATES Category/Position Billing Rate Description of Category Senior Principal $275 - Principal Architect/Director who leads client projects Principal $250 - Firm Principal who leads client projects Senior Professional $175 - $225 - All registered or licensed professionals with 10 years or more experience - All personnel in equivalent roles in related professional disciplines in which there is no registration, but who have 15 years experience in their field. Examples of these disciplines are: Construction Administration, Design, Technology or similar areas of expertise. Professional $125 - $150 - New registrants and all registered professionals with less than 10 years since registration - Non-registered Architectural or Design personnel who have more than 7 years experience in their professional discipline and are in direct professional leadership roles in their field. - All personnel in equivalent roles in related professional disciplines in which there is no registration, but who have 10 years experience and are in direct leadership roles in their field. Examples of these disciplines are: Construction Administration, Design, Technology or similar areas of expertise. Professional $100 - $125 - New professional degreed graduates who are not yet registered with less than 7 years of experience in their professional discipline. - Non-registered Architectural, Design or Technical personnel who have 5+ years experience under the supervision of registered professionals or related discipline professionals. - All personnel in related professional disciplines in which there is no registration, but have 5+ years experience in their field. Examples of these disciplines are: Construction Administration, Design, Technology or similar areas of expertise and work under the supervision of others in their field. - - Drafters, CADD technicians, Designers and similar technicians without registration, but with 5+ years experience in their professional support field Technical $90 - Drafters, CADD technicians, Designers and similar technicians without registration, but with less than 5 years of experience in their professional support field. - Student interns seeking degrees in architecture, interior design or other related fields. - All Administrative support, clerical and word processing personnel with 10 years experience. Clerical $75 - All Administrative support, clerical and word processing personnel with less than 10 years experience. Effective January 1, 2026 Subject to Periodic Adjustment Page 200 of 517 Request for Action To Item Number City Council 4.11 Meeting Date Prepared By July 6, 2026 Jolene Richter, Deputy Clerk Item Description Reviewed by Temporary On-Sale Liquor License: F.O.E Aerie Cal Portner 3264 August 2026 Justin Dunford Action Requested Approve, by motion, a Temporary On-Sale Liquor License for the Fraternal Order of Eagles Aerie 3264 for their event scheduled for August 8, 2026, with the condition that wristband control is required for patrons 21 and older and a recommendation that alcohol should be confined to an area enclosed by a fence with secured, controlled access. Background/Discussion Fraternal Order of Eagles Aerie 3264 applied for a Temporary On-Sale Liquor License for their event at the location of 824 Railroad Dr NW. Financial Impact N/A Mission/Policy/Goal The City of Elk River Mission Statement. Attachments None The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 201 of 517 Request for Action To Item Number City Council 4.12 Meeting Date Prepared By July 6, 2026 Jolene Richter, Deputy Clerk Item Description Reviewed by Temporary On-Sale Liquor License: F.O.E Aerie Justin Dunford 3264 September 2026 Cal Portner Action Requested Approve, by motion, a Temporary On-Sale Liquor License for the Fraternal Order of Eagles Aerie 3264 for their event scheduled for September 26, 2026, with the condition that wristband control is required for patrons 21 and older and a recommendation that alcohol should be confined to an area enclosed by a fence with secured, controlled access. Background/Discussion Fraternal Order of Eagles Aerie 3264 applied for a Temporary On-Sale Liquor License for their event at the location of 824 Railroad Dr NW. Financial Impact N/A Mission/Policy/Goal The City of Elk River Mission Statement. Attachments None The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 202 of 517 Request for Action To Item Number City Council 4.13 Meeting Date Prepared By July 6, 2026 Lauren Wipper, Human Resources Manager Item Description Reviewed by Employment Termination Cal Portner Justin Dunford Action Requested Approve, by motion, the employment termination of full-time liquor store clerk Andy Sauk effective immediately. Background/Discussion Staff is requesting the employment termination of Andy Sauk. Financial Impact None. Mission/Policy/Goal NA Attachments None The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 203 of 517 Request for Action To Item Number City Council 4.14 Meeting Date Prepared By July 6, 2026 Lauren Wipper, Human Resources Manager Item Description Reviewed by Economic Development Director Position Cal Portner Classification Justin Dunford Action Requested Approve, by motion, the reclassification of the Economic Development Director position to pay grade 3E, step C, effective June 28, 2026. Background/Discussion Before the hiring of our current economic development director, Brent O'Neil, this position reported to the community development director and worked primarily within the realm of the EDA and HRA. This position now reports directly to the city administrator and is responsible for higher-level and broader impacts on the organization in negotiating land purchases and sales, financial policy development, and the impacts of decision- making. Review of the job factor scoring for this position indicates the appropriate placement is pay grade 3E. Provided continued successful performance, Mr. O'Neil will move to step D on June 28, 2027, and the top step on June 28, 2028. All other pay and benefits remain the same. Financial Impact The 2026 impact to the EDA fund for this change is approximately $11,000. There is no impact to the General Fund. Mission/Policy/Goal The Elk River Mission Statement. Attachments None The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 204 of 517 Request for Action To Item Number City Council 4.15 Meeting Date Prepared By July 6, 2026 Justin Femrite, Public Works Director/Chief Engineer Item Description Reviewed by Curbing Replacement on 2021 Street Improvement Justin Femrite Project Cal Portner Justin Dunford Action Requested Approve, by motion, the quote for curbing and driveway replacement from North Country Concrete Inc. Background/Discussion We have an ongoing drainage concern that resulted from our 2021 Street Improvement Project. Originally, our project team attempted to have the contractor mitigate the concern without impacting the adjacent driveway approach. This has not been sufficient to accommodate the drainage along the curb line without spilling into the adjacent driveway. A more impactful improvement that includes removal, regrading, and replacement of the driveway apron, along with the curbing, has been discussed with the adjacent property owner and agreed to as a more suitable solution to improve the drainage. Staff met with the adjacent property owner and two different contractors on site to review. One contractor, North Country Concrete Inc., provided a quote to complete the work. The quote is attached, and staff recommends its approval. Financial Impact The $13,276.00 cost would be funded by the Pavement Management Fund. Mission/Policy/Goal Work with citizens to achieve goals. Attachments 1. 14330 201st Ave NW Elk River The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 205 of 517 PROPOSAL DATE PROPOSAL # 6/11/2026 54004 LET DATE SCHEDULE 6/11/2026 2026 ESTIMATOR 23035 Ulysses Street NE AARON VIRKUS East Bethel, MN 55005 JOB TYPE Phone: 763-576-8602 plans@northcountryconcrete.com MNT Fax: 763-576-8636 www.northcountryconcrete.com Project Name and Address: 14330 231ST AVE 14330 231ST AVE ELK RIVER, MN # Item Description QTY Unit Unit Cost Total BID PER SITE VISIT (ON DATE 06/11/26) FOR WORK IN 2026 USING 3F CONCRETE MIX DESIGN. ADDENDUM NOTED - NONE. BID IS FOR THE FOLLOWING ITEMS: BASE BID MOBILIZE ON-SITE. SAW CUT AND REMOVE CURB AND GUTTER (63 LF). SAW CUT AND REMOVE DRIVEWAY PANELS (144 SF). SAW CUT AND REMOVE PAVERS (46 SF). SAW CUT AND REMOVE COLORED MISC CONCRETE BANDING (45 SF). INCLUDES RESTORATION WITH BLACK DIRT AND SEED. INCLUDES HAULING AND OFF-SITE DISPOSAL CHARGES. EXCLUDES INSTALLTION OF CLASS V (USE EXISTING) 1 LS $ 13,276.00 $ 13,276.00 MOBILIZE ON-SITE AND INSTALL CONCRETE CURB AND GUTTER DESIGN B618/DRIVE OVER CURB (63 LF), COLORED/STAMPED CONCRETE BANDING (45 SF), 6" THICK NON-REINFORCED CONCRETE MISC DRIVEWAY PAVEMENT (190 SF). INCLUDES SHORT LOAD CHARGES AND 3 CY MINIMUM FOR COLORED CONCRETE BANDING. INCLUDES CLEAR SEALER. INCLUDES HIGH EARLY CONCRETE FOR DRIVEWAY PAVEMENT. MOB PRICE INCLUDES MOBILIZATION(S) TO COMPLETE THE WORK. PERMITS, TESTING/TESTING EQUIPMENT, TRAFFIC CONTROL, EXCLUSIONS BASE/BASE INSTALLATION, DRILLING/DOWELING, JOINT SEALING/CAULKING, NIGHT/WEEKEND WORK, PRIVATE LOCATES. CONCRETE **CONCRETE AND CONCRETE PLACEMENT ONLY GRADE GRADE +/- .1 FT FINAL ADJUST ONLY. RINGS AND CASTINGS TO BE SUPPLIED BY CB ADJUST GENERAL C.B. ADJUSTMNET INCLUDED UP TO THREE RINGS. (ADDITIONAL RINGS INSTALLED AT $40.00 EACH) NCCI REQUIRES A MINIMUM OF THREE BUSINESS DAYS PRIOR TO SCHEDULE COMMENCEMENT OF WORK IN ORDER TO SCHEDULE GOPHER STATE ONE CALL FOR LOCATES **PROJECT NOTE: PROPOSAL DOES NOT INCLUDE WINTER PROTECTION COSTS. NCCI CANNOT WARRANT CONCRETE PLACED PROJ NOTE AFTER NOVEMBER 1ST DUE TO HIGH CHANCE OF POLY/BLANKET MARKS, SURFACE FREEZING, DISCOLORATION AND DAMAGE CAUSED BY DE-ICING CHEMICALS.** TOTAL $ 13,276.00 Page 1 Page 206 of 517 PROPOSAL DATE PROPOSAL # 6/11/2026 54004 LET DATE SCHEDULE 6/11/2026 2026 ESTIMATOR 23035 Ulysses Street NE AARON VIRKUS East Bethel, MN 55005 JOB TYPE Phone: 763-576-8602 plans@northcountryconcrete.com MNT Fax: 763-576-8636 www.northcountryconcrete.com Project Name and Address: 14330 231ST AVE 14330 231ST AVE ELK RIVER, MN # Item Description QTY Unit Unit Cost Total * Bond Available upon request with a 1.0% charge over proposal. * NO TESTING * Proposal honored for 30 days * NO CONCRETE PUMPING * Any alteration or deviations from above quantity quotations will be executed only upon written orders and will become an extra charge on the above *NO WINTER CONDITIONS proposal. *NO SURVEYOR'S LAYOUT ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are hereby accepted. We agree to give North Country Concrete, Inc. *NO SAND OR AGGREGATE BASE at least (7) days notice prior to commencing work. *NO JOINT SEALING OR SAWING Pursuant to this proposal the buyer is agreeing to be liable for payment for the work performed and all cost of collection, including all attorneys' fees, *NO PERMITS INCLUDED IN PROPOSAL plus interest. Interest will accrue on the invoices starting 60 days of the invoice date, and will be accrued at the rate of 1.5% per month (18% APR). *UNLESS OTHERWISE NOTED IN PROPOSAL SIGN AND RETURN IF PROPOSAL IS ACCEPTED SIGNATURE Page 2 Page 207 of 517 Request for Action To Item Number City Council 4.16 Meeting Date Prepared By July 6, 2026 Jolene Richter, Deputy Clerk Item Description Reviewed by Temporary Liquor License: Aegir Brewing Company Cal Portner Justin Dunford Action Requested Approve, by motion, a Temporary On-Sale Liquor License for Aegir Brewing Company, LLC, 19050 Industrial Blvd NW, for August 22–23, 2026. Background/Discussion Aegir Brewing Company has applied for a Temporary On-Sale Liquor License for their current location for August 22-23, 2026. All application materials have been submitted and reviewed. Once the Council approves, the license will be sent to the state for approval and issuance. Financial Impact N/A Mission/Policy/Goal Elk River Mission Attachments None The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 208 of 517 Request for Action To Item Number City Council 4.17 Meeting Date Prepared By July 6, 2026 Joseph Hale, Environmental Services and Projects Specialist Item Description Reviewed by Annual Renewals of Aggregate Mining Licenses Justin Femrite Cal Portner Justin Dunford Action Requested Approve, by motion, the Mineral Excavation License renewals for the following applicants valid until July1, 2027. Martin Marietta Materials, Inc. Amrize (Formerly Holcim- MWR, Inc.) New Look Contracting d/b/a Superior Sand and Gravel Plaisted Companies, Inc. C.S McCrossan, Inc. Knife River Corporation-North Central Max Steininger, Inc. Background/Discussion The city issues licenses for mineral excavation annually. Seven mining operations have submitted applications to renew their licenses, which were set to expire on July 1, 2026. Site visits were performed at all mining locations to review application materials and inspect sites for compliance with existing conditional use permits. No major concerns were observed during the review of applications. Staff recommends approval to reissue all seven licenses. Financial Impact License application fees totaled $27,397.40. Mission/Policy/Goal Responsibly grow. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 209 of 517 Attachments 1. 2026 Licenses Combined Page 210 of 517 2026 CITY OF ELK RIVER EXCAVATION LICENSE A License is hereby issued by the City of Elk River (hereinafter referred to as the “City”), pursuant to Section 42-31 of the City Code (hereinafter referred to as the “Mineral Excavation Ordinance”), to: Amrize Midwest Inc. 2815 Dodd Road, Suite 101 Eagan, MN 55121 (hereinafter referred to as the “Licensee”) for excavation operations upon the following described property: Acres Active or Acres approved, but Acres to be Parcel ID# Unreclaimed not being mined. reclaimed this year 75-116-4400 10 75-109-4100 40 75-109-4200 4 71.02 75-109-4400 40 75-116-1100 70 75-116-1105 6 75-116-1106 4 75-116-1200 48 32 75-116-4100 70.5 75-116-4200 54 20.46 Total Acres 346.5 123.48 THIS LICENSE IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS: I. GENERAL CONDITIONS A. Mineral Excavation Ordinance. Licensee shall comply in all respects with the Mineral Excavation Ordinance, including the STANDARDS set forth in Section 42- 71 thereof, and any amendments to the Mineral Excavation Ordinance duly adopted by the City Council. A copy of the current Mineral Excavation Ordinance is available upon request. B. Additional Approvals. This license is subject to the approval of appropriate permits by other governmental agencies, including the Minnesota Pollution Control Agency, and to Licensee’s compliance with all other applicable requirements of City Code, state law, and state regulations. This license does not authorize excavation at locations for which land use approvals required by the City Code have not been obtained. Page 211 of 517 Excavation License Page 2 --------------------------- C. Violations. Operator shall orally notify the City of any violations of this License within 24-hours and follow this with notification in writing within four working days of the violation. Any violation of the terms and conditions of this License shall also be considered a violation of Section 42-31 of the City Code. D. Excavation Operations. Excavation operations shall comply in all respects with the Mineral Excavation Ordinance and shall also comply with and be consistent with the operations described in the application for this License, which application is hereby incorporated by reference in this License. No change in excavation operations from those described in the application for this License shall be implemented unless approved by the City pursuant to the procedure for issuance of this Excavation License. E. Area to be Mined. Excavation operations shall be conducted within the confines of the excavation site described in the application for this License. No expansion beyond the excavation site identified in the application for this License shall be made unless approved by the City pursuant to the procedure for issuance of this Excavation License. F. Reports to the City. Licensee shall submit annually in writing to the City Council the estimated quantity of minerals to be excavated. If the quantity of minerals to be excavated is for any reason likely to exceed the original estimate Licensee shall immediately notify the City Environmental Administrator in writing of the change in estimated quantity. II. SPECIFIC CONDITIONS A. Haul Roads. Material removed from the excavation site shall be transported within the City exclusively upon the following Haul Roads: Trucks leaving the facility are routed east onto 213th Ave. NW to Highway 169 where they proceed north or south. Transportation of materials upon these Haul Roads shall not commence until the City Environmental Administrator certifies to the City Council that all upgrading and repairing required by the City Council as a condition to the granting of this License, if any, has been completed. It shall be the responsibility of the Licensee to maintain the Haul Roads during the period of this License and to make any necessary repairs to the Haul Roads due to abnormal wear from Licensee’s operation as required by the City Environmental Administrator. B. Zoning Ordinance. The issuance of this License and the authority to conduct mineral excavation operations in the City of Elk River pursuant to this License is specifically conditioned on Licensee applying with the City for the necessary land use approvals to bring the property into compliance with Section 900 of the City Code, the City Zoning Ordinance. Failure to apply for the necessary zoning approvals and to supply the required application materials within 90 days of being directed by the Page 212 of 517 Excavation License Page 3 --------------------------- City to do so shall constitute grounds for suspension, revocation, or non-renewal of this License. III. ADDITIONAL CONDITIONS A. Additional Conditions. In addition to the conditions set forth above, Licensee shall comply with such other requirements and conditions as the City Council shall from time to time deem proper and necessary for the protection of its citizens and the general welfare, or in a Conditional Use Permit issued by the City for the operation. B. Gravel Area Study and Plan. Licensee shall also comply with such additional conditions as are necessary to bring the excavation operations authorized by this License and the Property into compliance with the findings and conclusions of the gravel area study and plan to be implemented by the City. IV. EXPIRATION AND RENEWAL This Excavation License shall expire on July 1, 2027, as provided by Section 42-56 of the City Code. Application for renewal of this License may be made to the City Council in the form required by the Mineral Excavation Ordinance. Issuance of this License does not guarantee renewal or extension thereof. Renewal or extension of this License shall be at the sole discretion of the City council upon its review of the application for renewal. V. EXCAVATION LICENSE FEE Licensee shall promptly pay the License Application Fee and annual license fees required by Section 42-54 of the City Code, in the amount of $7,547.40. This license fee is not in lieu of the gravel tax collected by the county, a portion of which the City receives. VI. COSTS Licensee shall reimburse the City for all costs incurred in the approval, administration, and enforcement of this License, including consultant and attorney’s fees. VII. SUSPENSION OR REVOCATION The City Council may suspend or revoke this License pursuant to the procedures and standards set forth in Section 42-31 of the City Code. Page 213 of 517 Excavation License Page 4 --------------------------- VIII. INDEMNIFICATION OF CITY Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting form excavation operations or other activities on the Property. IX. SURETY BOND This License is not effective until the Licensee has posted a surety bond with a surety acceptable to the City, or a cash escrow, in the sum of N/A. This amount shall be conditioned to pay the City the extraordinary cost and expense of repairing, from time to time, any highways, streets, or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel removing material from any pit or excavation of Licensee and conducting this year’s required rehabilitation as per the yearly reclamation plan. This amount shall be conditioned further upon Licensee’s compliance with all the requirements of the Mineral Excavation Ordinance and of this License and to pay any expense the City may incur by reason of doing anything required to be done by the Licensee. The bond or cash escrow shall remain in full force and effect for a minimum period of one (1) year after expiration of this License to guarantee the required rehabilitation as well as the other requirements herein provided. 7/1/2026 ________________________________ __________________ Joseph M. Hale Dated Environmental Services and Project Specialist ________________________________ __________________ Mayor John Dietz Dated City of Elk River Mayor Page 214 of 517 2026 CITY OF ELK RIVER EXCAVATION LICENSE A License is hereby issued by the City of Elk River (hereinafter referred to as the “City”), pursuant to Section 42-31 of the City Code (hereinafter referred to as the “Mineral Excavation Ordinance”), to: C.S. McCrossan Construction, Inc. 7865 Jefferson Hwy Maple Grove, MN 55369 (hereinafter referred to as the “Licensee”) for excavation operations upon the following described property: Acres Active or Acres approved, but Acres to be Parcel ID # Unreclaimed not being mined. reclaimed this year 75-110-2102 39.51 75-109-1100 5.9 Total Acres 45.41 (hereinafter referred to as the “Property”). THIS LICENSE IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS: I. GENERAL CONDITIONS A. Mineral Excavation Ordinance. Licensee shall comply in all respects with the Mineral Excavation Ordinance, including the STANDARDS set forth in Section 42- 71 thereof, and any amendments to the Mineral Excavation Ordinance duly adopted by the City Council. A copy of the current Mineral Excavation Ordinance is available upon request. B. Additional Approvals. This license is subject to the approval of appropriate permits by other governmental agencies, including the Minnesota Pollution Control Agency, and to Licensee’s compliance with all other applicable requirements of City Code, state law, and state regulations. This license does not authorize excavation at Page 215 of 517 Excavation License Page 2 --------------------------- locations for which land use approvals required by the City Code have not been obtained. C. Violations. Operator shall orally notify the City of any violations of this License within 24-hours and follow this with notification in writing within four working days of the violation. Any violation of the terms and conditions of this License shall also be considered a violation of Section 42-31 of the City Code. D. Excavation Operations. Excavation operations shall comply in all respects with the Mineral Excavation Ordinance and shall also comply with and be consistent with the operations described in the application for this License, which application is hereby incorporated by reference in this License. No change in excavation operations from those described in the application for this License shall be implemented unless approved by the City pursuant to the procedure for issuance of this Excavation License. E. Area to be Mined. Excavation operations shall be conducted within the confines of the excavation site described in the application for this License. No expansion beyond the excavation site identified in the application for this License shall be made unless approved by the City pursuant to the procedure for issuance of this Excavation License. F. Reports to the City. Licensee shall submit annually in writing to the City Council the estimated quantity of minerals to be excavated. If the quantity of minerals to be excavated is for any reason likely to exceed the original estimate Licensee shall immediately notify the City Environmental Administrator in writing of the change in estimated quantity. II. SPECIFIC CONDITIONS A. Haul Roads. Material removed from the excavation site shall be transported within the City exclusively upon the following Haul Roads: Gravel shall be hauled via 221st Avenue NW to Highway 169. Transportation of materials upon these Haul Roads shall not commence until the City Environmental Administrator certifies to the City Council that all upgrading and repairing required by the City Council as a condition to the granting of this License, if any, has been completed. It shall be the responsibility of the Licensee to maintain the Haul Roads during the period of this License and to make any necessary repairs to the Haul Roads due to abnormal wear from Licensee’s operation as required by the City Environmental Administrator. B. Zoning Ordinance. The issuance of this License and the authority to conduct mineral excavation operations in the City of Elk River pursuant to this License is specifically conditioned on Licensee applying with the City for the necessary land use approvals to bring the property into compliance with Section 900 of the City Code, the City Zoning Ordinance. Failure to apply for the necessary zoning approvals and Page 216 of 517 Excavation License Page 3 --------------------------- to supply the required application materials within 90 days of being directed by the City to do so shall constitute grounds for suspension, revocation, or non-renewal of this License. III. ADDITIONAL CONDITIONS A. Additional Conditions. In addition to the conditions set forth above, Licensee shall comply with such other requirements and conditions as the City Council shall from time to time deem proper and necessary for the protection of its citizens and the general welfare, or in a Conditional Use Permit issued by the City for the operation. B. Gravel Area Study and Plan. Licensee shall also comply with such additional conditions as are necessary to bring the excavation operations authorized by this License and the Property into compliance with the findings and conclusions of the gravel area study and plan to be implemented by the City. IV. EXPIRATION AND RENEWAL This Excavation License shall expire on July 1, 2027, as provided by Section 42-56 of the City Code. Application for renewal of this License may be made to the City Council in the form required by the Mineral Excavation Ordinance. Issuance of this License does not guarantee renewal or extension thereof. Renewal or extension of this License shall be at the sole discretion of the City council upon its review of the application for renewal. V. EXCAVATION LICENSE FEE Licensee shall promptly pay the License Application Fee and annual license fees required by Section 42-54 of the City Code, in the amount of $908.20. This license fee is not in lieu of the gravel tax collected by the county, a portion of which the City receives. VI. COSTS Licensee shall reimburse the City for all costs incurred in the approval, administration, and enforcement of this License, including consultant and attorney’s fees. VII. SUSPENSION OR REVOCATION The City Council may suspend or revoke this License pursuant to the procedures and standards set forth in Section 42-31 of the City Code. Page 217 of 517 Excavation License Page 4 --------------------------- VIII. INDEMNIFICATION OF CITY Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting form excavation operations or other activities on the Property. IX. SURETY BOND This License is not effective until the Licensee has posted a surety bond with a surety acceptable to the City, or a cash escrow, in the sum of $N/A. This amount shall be conditioned to pay the City the extraordinary cost and expense of repairing, from time to time, any highways, streets, or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel removing material from any pit or excavation of Licensee and conducting this year’s required rehabilitation as per the yearly reclamation plan. This amount shall be conditioned further upon Licensee’s compliance with all the requirements of the Mineral Excavation Ordinance and of this License and to pay any expense the City may incur by reason of doing anything required to be done by the Licensee. The bond or cash escrow shall remain in full force and effect for a minimum period of one (1) year after expiration of this License to guarantee the required rehabilitation as well as the other requirements herein provided. ________________________________ __________________7/1/2026 Joseph M. Hale Dated Environmental Services and Projects Specialist ________________________________ __________________ Mayor John Dietz Dated City of Elk River Mayor Page 218 of 517 2026 CITY OF ELK RIVER EXCAVATION LICENSE A License is hereby issued by the City of Elk River (hereinafter referred to as the “City”), pursuant to Section 42-31 of the City Code (hereinafter referred to as the “Mineral Excavation Ordinance”), to: Knife River Corp – North Central 4787 Shadow Wood Drive NE. Sauk Rapids, MN 56379 (hereinafter referred to as the “Licensee”) for excavation operations upon the following described property: Acres Active or Acres approved, but Acres to be Parcel ID # Unreclaimed not being mined. reclaimed this year 75-103-4201 75.2 21.84 1.6 75-103-4202 5.7 12.7 0 75-102-3401 0 40 0 75-103-4200 16.2 7.8 0 Total Acres 97.1 81.34 1.6 (hereinafter referred to as the “Property”). THIS LICENSE IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS: I. GENERAL CONDITIONS A. Mineral Excavation Ordinance. Licensee shall comply in all respects with the Mineral Excavation Ordinance, including the STANDARDS set forth in Section 42- 71 thereof, and any amendments to the Mineral Excavation Ordinance duly adopted by the City Council. A copy of the current Mineral Excavation Ordinance is available upon request. B. Additional Approvals. This license is subject to the approval of appropriate permits by other governmental agencies, including the Minnesota Pollution Control Agency, and to Licensee’s compliance with all other applicable requirements of City Code, state law, and state regulations. This license does not authorize excavation at locations for which land use approvals required by the City Code have not been obtained. C. Violations. Operator shall orally notify the City of any violations of this License within 24-hours and follow this with notification in writing within four working days of the violation. Any violation of the terms and conditions of this License shall also be considered a violation of Section 42-31 of the City Code. Page 219 of 517 Excavation License Page 2 --------------------------- D. Excavation Operations. Excavation operations shall comply in all respects with the Mineral Excavation Ordinance and shall also comply with and be consistent with the operations described in the application for this License, which application is hereby incorporated by reference in this License. No change in excavation operations from those described in the application for this License shall be implemented unless approved by the City pursuant to the procedure for issuance of this Excavation License. E. Area to be Mined. Excavation operations shall be conducted within the confines of the excavation site described in the application for this License. No expansion beyond the excavation site identified in the application for this License shall be made unless approved by the City pursuant to the procedure for issuance of this Excavation License. F. Reports to the City. Licensee shall submit annually in writing to the City Council the estimated quantity of minerals to be excavated. If the quantity of minerals to be excavated is for any reason likely to exceed the original estimate Licensee shall immediately notify the City Environmental Administrator in writing of the change in estimated quantity. II. SPECIFIC CONDITIONS A. Haul Roads. Material removed from the excavation site shall be transported within the City exclusively upon the following Haul Roads: Gravel shall be hauled via 225th Avenue NW to Highway 169 (from the pit entrance W to Hwy 196). Transportation of materials upon these Haul Roads shall not commence until the City Environmental Administrator certifies to the City Council that all upgrading and repairing required by the City Council as a condition to the granting of this License, if any, has been completed. It shall be the responsibility of the Licensee to maintain the Haul Roads during the period of this License and to make any necessary repairs to the Haul Roads due to abnormal wear from Licensee’s operation as required by the City Environmental Administrator. B. Zoning Ordinance. The issuance of this License and the authority to conduct mineral excavation operations in the City of Elk River pursuant to this License is specifically conditioned on Licensee applying with the City for the necessary land use approvals to bring the property into compliance with Section 900 of the City Code, the City Zoning Ordinance. Failure to apply for the necessary zoning approvals and to supply the required application materials within 90 days of being directed by the City to do so shall constitute grounds for suspension, revocation, or non-renewal of this License. Page 220 of 517 Excavation License Page 3 --------------------------- III. ADDITIONAL CONDITIONS A. Additional Conditions. In addition to the conditions set forth above, Licensee shall comply with such other requirements and conditions as the City Council shall from time to time deem proper and necessary for the protection of its citizens and the general welfare, or in a Conditional Use Permit issued by the City for the operation. B. Gravel Area Study and Plan. Licensee shall also comply with such additional conditions as are necessary to bring the excavation operations authorized by this License and the Property into compliance with the findings and conclusions of the gravel area study and plan to be implemented by the City. IV. EXPIRATION AND RENEWAL This Excavation License shall expire on July 1, 2027, as provided by Section 42-56 of the City Code. Application for renewal of this License may be made to the City Council in the form required by the Mineral Excavation Ordinance. Issuance of this License does not guarantee renewal or extension thereof. Renewal or extension of this License shall be at the sole discretion of the City council upon its review of the application for renewal. V. EXCAVATION LICENSE FEE Licensee shall promptly pay the License Application Fee and annual license fees required by Section 42-54 of the City Code, in the amount of $2,353.70. This license fee is not in lieu of the gravel tax collected by the county, a portion of which the City receives. VI. COSTS Licensee shall reimburse the City for all costs incurred in the approval, administration, and enforcement of this License, including consultant and attorney’s fees. VII. SUSPENSION OR REVOCATION The City Council may suspend or revoke this License pursuant to the procedures and standards set forth in Section 42-31 of the City Code. VIII. INDEMNIFICATION OF CITY Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting from excavation operations or other activities on the Property. Page 221 of 517 Excavation License Page 4 --------------------------- IX. SURETY BOND This License is not effective until the Licensee has posted a surety bond with a surety acceptable to the City, or a cash escrow, in the sum of N/A. This amount shall be conditioned to pay the City the extraordinary cost and expense of repairing, from time to time, any highways, streets, or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel removing material from any pit or excavation of Licensee and conducting this year’s required rehabilitation as per the yearly reclamation plan. This amount shall be conditioned further upon Licensee’s compliance with all the requirements of the Mineral Excavation Ordinance and of this License and to pay any expense the City may incur by reason of doing anything required to be done by the Licensee. The bond or cash escrow shall remain in full force and effect for a minimum period of one (1) year after expiration of this License to guarantee the required rehabilitation as well as the other requirements herein provided. ________________________________ __________________7/1/2026 Joseph M. Hale Dated Environmental Services and Project Specialist ________________________________ __________________ Mayor John Dietz Dated City of Elk River Mayor Page 222 of 517 2026 CITY OF ELK RIVER EXCAVATION LICENSE A License is hereby issued by the City of Elk River (hereinafter referred to as the “City”), pursuant to Section 42-31 of the City Code (hereinafter referred to as the “Mineral Excavation Ordinance”), to: Martin Marietta Minerals, Inc. 7225 Northland Drive N, Suite 106 Brooklyn Park, MN 55428 (hereinafter referred to as the “Licensee”) for excavation operations upon the following described property: (hereinafter referred to as the “Property”). Parcel ID # Acres Active or Acres approved, but Acres to be reclaimed not being mined. Unreclaimed this year 75-122-1205 43.15 0 0 75-121-4100 0 0 0 75-121-1100, 75-121- 40.86 0 0 1110 75-121-2000, 75-116- 253.68 0 0 4205, 75-121-1200, 75-116-2105 75-103-1300 62.60 0 0 75-122-2200 32.50 0 0 75-110-2202, 75-110- 42.58 0 0 2200, 75-110-2101 75-104-4405, 75-103- 52.65 0 0 3200 75-103-2400, 75-104- 18.00 0 0 1102, 75-104-1101 Total Acres 546.02 Page 223 of 517 Excavation License Page 2 --------------------------- THIS LICENSE IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS: I. GENERAL CONDITIONS A. Mineral Excavation Ordinance. Licensee shall comply in all respects with the Mineral Excavation Ordinance, including the STANDARDS set forth in Section 42-71 thereof, and any amendments to the Mineral Excavation Ordinance duly adopted by the City Council. A copy of the current Mineral Excavation Ordinance is available upon request. B. Additional Approvals. This license is subject to the approval of appropriate permits by other governmental agencies, including the Minnesota Pollution Control Agency, and to Licensee’s compliance with all other applicable requirements of City Code, state law, and state regulations. This license does not authorize excavation at locations for which land use approvals required by the City Code have not been obtained. C. Violations. Operator shall orally notify the City of any violations of this License within 24-hours and follow this with notification in writing within four working days of the violation. Any violation of the terms and conditions of this License shall also be considered a violation of Section 42-31 of the City Code. D. Excavation Operations. Excavation operations shall comply in all respects with the Mineral Excavation Ordinance and shall also comply wh itand be c onsistent with the operations described in the application for this License, which application is hereby incorporated by reference in this License. No change in excavation operations from those described in the application for this License shall be implemented unless approved by the City pursuant to the procedure for issuance of this Excavation License. E. Area to be Mined. Excavation operations shall be conducted within the confines of the excavation site described in the application for this License. No expansion beyond the excavation site identified in the application for this License shall be made unless approved by the City pursuant to the procedure for issuance of this Excavation License. F. Reports to the City. Licensee shall submit annually in writing to the City Council the estimated quantity of minerals to b e excavated. If the quantity of minerals to be excavated is for any reason likely to exceed the original estimate Licensee shall immediately notify the City Environmental Administrator in writing of the change in estimated quantity. II. SPECIFIC CONDITIONS A. Haul Roads. Material removed from the excavation site shall be transported within the City exclusively upon the following Haul Roads: Gravel shall be hauled via 221st Avenue NW, Baldwin Street, and Ranch Road NW to Highway 169. Transportation of materials upon these Haul Roads shall not commence until the City Environmental Administrator certifies to the City Council that all upgrading and Page 224 of 517Excavation License Page 3 --------------------------- repairing required by the City Council as a condition to the granting of this License, if any, has been completed. It shall be the responsibility of the Licensee to maintain the Haul Roads during the period of this License and to make any necessary repairs to the Haul Roads due to abnormal wear from Licensee’s operation as required by the City Environmental Administrator. B. Zoning Ordinance. The issuance of this License and the authority to conduct mineral excavation operations in the City of Elk River pursuant to this License is specifically conditioned on Licensee applying with the City for the necessary land use approvals to bring the property into compliance with Section 900 of the City Code, the City Zoning Ordinance. Failure to apply for the necessary zoning approvals and to supply the required application materials within 90 days of being directed by the City to do so shall constitute grounds for suspension, revocation, or non-renewal of this License. III. ADDITIONAL CONDITIONS A. Additional Conditions. In addition to the conditions set forth above, Licensee shall comply with such other requirements and conditions as the City Council shall from time to time deem proper and necessary for the protection of its citizens and the general welfare, or in a Conditional Use Permit issued by the City for the operation. B. Gravel Area Study and Plan. Licensee shall also comply with such additional conditions as are necessary to bring the excavation operations authorized by this License and the Property into compliance with the findings and conclusions of the gravel area study and plan to be implemented by the City. IV. EXPIRATION AND RENEWAL This Excavation License shall expire on July 1, 2027, as provided by Section 42-56 of the City Code. Application for renewal of this License may be made to the City Council in the form required by the Mineral Excavation Ordinance. Issuance of this License does not guarantee renewal or extension thereof. Renewal or extension of this License shall be at the sole discretion of the City council upon its review of the application for renewal. V. EXCAVATION LICENSE FEE Licensee shall promptly pay the License Application Fee and annual license fees required by Section 42-54 of the City Code, in the amount of $10,920.40. This license fee is not in lieu of the gravel tax collected by the county, a portion of which the City receives. Page 225 of 517Excavation License Page 4 --------------------------- VI. COSTS Licensee shall reimburse the City for all costs incurred in the approval, administration, and enforcement of this License, including consultant and attorney’s fees. VII. SUSPENSION OR REVOCATION The City Council may suspend or revoke this License pursuant to the procedures and standards set forth in Section 42-31 of the City Code. VIII. INDEMNIFICATION OF CITY Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting form excavation operations or other activities on the Property. IX. SURETY BOND This License is not effective until the Licensee has posted a surety bond with a surety acceptable to the City, or a cash escrow, in the sum of N/A. This amount shall be conditioned to pay the City the extraordinary cost and expense of repairing, from time to time, any highways, streets, or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel removing material from any pit or excavation of Licensee and conducting this year’s required rehabilitation as per the yearly reclamation plan. This amount shall be conditioned further upon Licensee’s compliance with all the requirements of the Mineral Excavation Ordinance and of this License and to pay any expense the City may incur by reason of doing anything required to be done by the Licensee. The bond or cash escrow shall remain in full force and effect for a minimum period of one (1) year after expiration of this License to guarantee the required rehabilitation as well as the other requirements herein provided. ________________________________ __________________7/1/2026 Joseph M. Hale Dated Environmental Services and Project Specialist ________________________________ __________________ Mayor John Dietz Dated City of Elk River Mayor Page 226 of 517 2026 CITY OF ELK RIVER EXCAVATION LICENSE A License is hereby issued by the City of Elk River (hereinafter referred to as the “City”), pursuant to Section 42-31 of the City Code (hereinafter referred to as the “Mineral Excavation Ordinance”), to: Plaisted Companies, Inc. P.O. Box 332 Elk River, MN 55330 (hereinafter referred to as the “Licensee”) for excavation operations upon the following described property: Acres Active or Acres approved, but Acres to be Parcel ID# Unreclaimed not being mined. reclaimed this year 75-115-2200 77 52 0 75-115-2205 21.95 0 0 75-115-2401 0 10 0 75-115-3100 29.58 4 0 75-115-3400 0 0 0 75-115-3406 0 5 0 75-115-4200 0 24.91 0 75-111-2201 7 13 0 75-110-1100 4 4 0 75-110-1105 0 43.17 0 Total Acres 139.53 156.08 0 (hereinafter referred to as the “Property”). THIS LICENSE IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS: I. GENERAL CONDITIONS A. Mineral Excavation Ordinance. Licensee shall comply in all respects with the Mineral Excavation Ordinance, including the STANDARDS set forth in Section 42- 71 thereof, and any amendments to the Mineral Excavation Ordinance duly adopted by the City Council. A copy of the current Mineral Excavation Ordinance is available upon request. B. Additional Approvals. This license is subject to the approval of appropriate permits by other governmental agencies, including the Minnesota Pollution Control Page 227 of 517 Excavation License Page 2 --------------------------- Agency, and to Licensee’s compliance with all other applicable requirements of City Code, state law, and state regulations. This license does not authorize excavation at locations for which land use approvals required by the City Code have not been obtained. C. Violations. Operator shall orally notify the City of any violations of this License within 24-hours and follow this with notification in writing within four working days of the violation. Any violation of the terms and conditions of this License shall also be considered a violation of Section 42-31 of the City Code. D. Excavation Operations. Excavation operations shall comply in all respects with the Mineral Excavation Ordinance and shall also comply with and be consistent with the operations described in the application for this License, which application is hereby incorporated by reference in this License. No change in excavation operations from those described in the application for this License shall be implemented unless approved by the City pursuant to the procedure for issuance of this Excavation License. E. Area to be Mined. Excavation operations shall be conducted within the confines of the excavation site described in the application for this License. No expansion beyond the excavation site identified in the application for this License shall be made unless approved by the City pursuant to the procedure for issuance of this Excavation License. F. Reports to the City. Licensee shall submit annually in writing to the City Council the estimated quantity of minerals to be excavated. If the quantity of minerals to be excavated is for any reason likely to exceed the original estimate Licensee shall immediately notify the City Environmental Administrator in writing of the change in estimated quantity. II. SPECIFIC CONDITIONS A. Haul Roads. Material removed from the excavation site shall be transported within the City exclusively upon the following Haul Roads: Gravel shall be hauled via CSAH 33 to Highway 169 for the west mine and via 215th Ave NW to Highway 169 for the east mine. Transportation of materials upon these Haul Roads shall not commence until the City Environmental Administrator certifies to the City Council that all upgrading and repairing required by the City Council as a condition to the granting of this License, if any, has been completed. It shall be the responsibility of the Licensee to maintain the Haul Roads during the period of this License and to make any necessary repairs to the Haul Roads due to abnormal wear from Licensee’s operation as required by the City Environmental Administrator. B. Zoning Ordinance. The issuance of this License and the authority to conduct mineral excavation operations in the City of Elk River pursuant to this License is Page 228 of 517 Excavation License Page 3 --------------------------- specifically conditioned on Licensee applying with the City for the necessary land use approvals to bring the property into compliance with Section 900 of the City Code, the City Zoning Ordinance. Failure to apply for the necessary zoning approvals and to supply the required application materials within 90 days of being directed by the City to do so shall constitute grounds for suspension, revocation, or non-renewal of this License. III. ADDITIONAL CONDITIONS A. Additional Conditions. In addition to the conditions set forth above, Licensee shall comply with such other requirements and conditions as the City Council shall from time to time deem proper and necessary for the protection of its citizens and the general welfare, or in a Conditional Use Permit issued by the City for the operation. B. Gravel Area Study and Plan. Licensee shall also comply with such additional conditions as are necessary to bring the excavation operations authorized by this License and the Property into compliance with the findings and conclusions of the gravel area study and plan to be implemented by the City. IV. EXPIRATION AND RENEWAL This Excavation License shall expire on July 1, 2027, as provided by Section 42-56 of the City Code. Application for renewal of this License may be made to the City Council in the form required by the Mineral Excavation Ordinance. Issuance of this License does not guarantee renewal or extension thereof. Renewal or extension of this License shall be at the sole discretion of the City council upon its review of the application for renewal. V. EXCAVATION LICENSE FEE Licensee shall promptly pay the License Application Fee and annual license fees required by Section 42-54 of the City Code, in the amount of $3,571.00. This license fee is not in lieu of the gravel tax collected by the county, a portion of which the City receives. VI. COSTS Licensee shall reimburse the City for all costs incurred in the approval, administration, and enforcement of this License, including consultant and attorney’s fees. VII. SUSPENSION OR REVOCATION The City Council may suspend or revoke this License pursuant to the procedures and standards set forth in Section 42-31 of the City Code. Page 229 of 517 Excavation License Page 4 --------------------------- VIII. INDEMNIFICATION OF CITY Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting form excavation operations or other activities on the Property. IX. SURETY BOND This License is not effective until the Licensee has posted a surety bond with a surety acceptable to the City, or a cash escrow, in the sum of N/A. This amount shall be conditioned to pay the City the extraordinary cost and expense of repairing, from time to time, any highways, streets, or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel removing material from any pit or excavation of Licensee and conducting this year’s required rehabilitation as per the yearly reclamation plan. This amount shall be conditioned further upon Licensee’s compliance with all the requirements of the Mineral Excavation Ordinance and of this License and to pay any expense the City may incur by reason of doing anything required to be done by the Licensee. The bond or cash escrow shall remain in full force and effect for a minimum period of one (1) year after expiration of this License to guarantee the required rehabilitation as well as the other requirements herein provided. ________________________________ __________________7/1/2026 Joseph M. Hale Dated Environmental Services and Project Specialist ________________________________ __________________ Mayor John Dietz Dated City of Elk River Mayor Page 230 of 517 2026 CITY OF ELK RIVER EXCAVATION LICENSE A License is hereby issued by the City of Elk River (hereinafter referred to as the “City”), pursuant to Section 42-31 of the City Code (hereinafter referred to as the “Mineral Excavation Ordinance”), to: Steininger Company 3080 Lexington Ave S. Eagan, MN 55121 (hereinafter referred to as the “Licensee”) for excavation operations upon the following described property: Acres Active or Acres approved, but Acres to be Parcel ID # Unreclaimed not being mined. reclaimed this year 75-103-1101 8 36 75-103-0105 0 17 Total Acres 8 53 (hereinafter referred to as the “Property”). THIS LICENSE IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS: I. GENERAL CONDITIONS A. Mineral Excavation Ordinance. Licensee shall comply in all respects with the Mineral Excavation Ordinance, including the STANDARDS set forth in Section 42- 71 thereof, and any amendments to the Mineral Excavation Ordinance duly adopted by the City Council. A copy of the current Mineral Excavation Ordinance is available upon request. B. Additional Approvals. This license is subject to the approval of appropriate permits by other governmental agencies, including the Minnesota Pollution Control Agency, and to Licensee’s compliance with all other applicable requirements of City Code, state law, and state regulations. This license does not authorize excavation at locations for which land use approvals required by the City Code have not been obtained. C. Violations. Operator shall orally notify the City of any violations of this License within 24-hours and follow this with notification in writing within four working days of the violation. Any violation of the terms and conditions of this License shall also be considered a violation of Section 42-31 of the City Code. Page 231 of 517 Excavation License Page 2 --------------------------- D. Excavation Operations. Excavation operations shall comply in all respects with the Mineral Excavation Ordinance and shall also comply with and be consistent with the operations described in the application for this License, which application is hereby incorporated by reference in this License. No change in excavation operations from those described in the application for this License shall be implemented unless approved by the City pursuant to the procedure for issuance of this Excavation License. E. Area to be Mined. Excavation operations shall be conducted within the confines of the excavation site described in the application for this License. No expansion beyond the excavation site identified in the application for this License shall be made unless approved by the City pursuant to the procedure for issuance of this Excavation License. F. Reports to the City. Licensee shall submit annually in writing to the City Council the estimated quantity of minerals to be excavated. If the quantity of minerals to be excavated is for any reason likely to exceed the original estimate Licensee shall immediately notify the City Environmental Administrator in writing of the change in estimated quantity. II. SPECIFIC CONDITIONS A. Haul Roads. Material removed from the excavation site shall be transported within the City exclusively upon the following Haul Roads: Gravel shall be hauled via Baldwin St. NW to Highway 169. Transportation of materials upon these Haul Roads shall not commence until the City Environmental Administrator certifies to the City Council that all upgrading and repairing required by the City Council as a condition to the granting of this License, if any, has been completed. It shall be the responsibility of the Licensee to maintain the Haul Roads during the period of this License and to make any necessary repairs to the Haul Roads due to abnormal wear from Licensee’s operation as required by the City Environmental Administrator. B. Zoning Ordinance. The issuance of this License and the authority to conduct mineral excavation operations in the City of Elk River pursuant to this License is specifically conditioned on Licensee applying with the City for the necessary land use approvals to bring the property into compliance with Section 900 of the City Code, the City Zoning Ordinance. Failure to apply for the necessary zoning approvals and to supply the required application materials within 90 days of being directed by the City to do so shall constitute grounds for suspension, revocation, or non-renewal of this License. III. ADDITIONAL CONDITIONS A. Additional Conditions. In addition to the conditions set forth above, Licensee shall comply with such other requirements and conditions as the City Council shall Page 232 of 517 Excavation License Page 3 --------------------------- from time to time deem proper and necessary for the protection of its citizens and the general welfare, or in a Conditional Use Permit issued by the City for the operation. B. Gravel Area Study and Plan. Licensee shall also comply with such additional conditions as are necessary to bring the excavation operations authorized by this License and the Property into compliance with the findings and conclusions of the gravel area study and plan to be implemented by the City. IV. EXPIRATION AND RENEWAL This Excavation License shall expire on July 1, 2027, as provided by Section 42-56 of the City Code. Application for renewal of this License may be made to the City Council in the form required by the Mineral Excavation Ordinance. Issuance of this License does not guarantee renewal or extension thereof. Renewal or extension of this License shall be at the sole discretion of the City council upon its review of the application for renewal. V. EXCAVATION LICENSE FEE Licensee shall promptly pay the License Application Fee and annual license fees required by Section 42-54 of the City Code, in the amount of $425.00. This license fee is not in lieu of the gravel tax collected by the county, a portion of which the City receives. VI. COSTS Licensee shall reimburse the City for all costs incurred in the approval, administration, and enforcement of this License, including consultant and attorney’s fees. VII. SUSPENSION OR REVOCATION The City Council may suspend or revoke this License pursuant to the procedures and standards set forth in Section 42-31 of the City Code. VIII. INDEMNIFICATION OF CITY Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting form excavation operations or other activities on the Property. IX. SURETY BOND This License is not effective until the Licensee has posted a surety bond with a surety acceptable to the City, or a cash escrow, in the sum of N/A. This amount shall be Page 233 of 517 Excavation License Page 4 --------------------------- conditioned to pay the City the extraordinary cost and expense of repairing, from time to time, any highways, streets, or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel removing material from any pit or excavation of Licensee and conducting this year’s required rehabilitation as per the yearly reclamation plan. This amount shall be conditioned further upon Licensee’s compliance with all the requirements of the Mineral Excavation Ordinance and of this License and to pay any expense the City may incur by reason of doing anything required to be done by the Licensee. The bond or cash escrow shall remain in full force and effect for a minimum period of one (1) year after expiration of this License to guarantee the required rehabilitation as well as the other requirements herein provided. ________________________________ __________________7/1/2026 Joseph M. Hale Dated Environmental Services and Project Specialist ________________________________ __________________ Mayor John Dietz Dated City of Elk River Mayor Page 234 of 517 2026 CITY OF ELK RIVER EXCAVATION LICENSE A License is hereby issued by the City of Elk River (hereinafter referred to as the “City”), pursuant to Section 42-31 of the City Code (hereinafter referred to as the “Mineral Excavation Ordinance”), to: New Look Contracting db/a Superior Sand & Gravel 14045 Northdale Blvd. Rogers, MN 55374 (hereinafter referred to as the “Licensee”) for excavation operations upon the following described property: Acres Active or Acres approved, but Acres to be Parcel ID # Unreclaimed not being mined. reclaimed this year 75-104-4410 0 8.30 75-109-1100 71.85 38.9 Total Acres 61.85 38.9 (hereinafter referred to as the “Property”). THIS LICENSE IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS: I. GENERAL CONDITIONS A. Mineral Excavation Ordinance. Licensee shall comply in all respects with the Mineral Excavation Ordinance, including the STANDARDS set forth in Section 42- 71 thereof, and any amendments to the Mineral Excavation Ordinance duly adopted by the City Council. A copy of the current Mineral Excavation Ordinance is available upon request. B. Additional Approvals. This license is subject to the approval of appropriate permits by other governmental agencies, including the Minnesota Pollution Control Agency, and to Licensee’s compliance with all other applicable requirements of City Code, state law, and state regulations. This license does not authorize excavation at locations for which land use approvals required by the City Code have not been obtained. Page 235 of 517 Excavation License Page 2 --------------------------- C. Violations. Operator shall orally notify the City of any violations of this License within 24-hours and follow this with notification in writing within four working days of the violation. Any violation of the terms and conditions of this License shall also be considered a violation of Section 42-31 of the City Code. D. Excavation Operations. Excavation operations shall comply in all respects with the Mineral Excavation Ordinance and shall also comply with and be consistent with the operations described in the application for this License, which application is hereby incorporated by reference in this License. No change in excavation operations from those described in the application for this License shall be implemented unless approved by the City pursuant to the procedure for issuance of this Excavation License. E. Area to be Mined. Excavation operations shall be conducted within the confines of the excavation site described in the application for this License. No expansion beyond the excavation site identified in the application for this License shall be made unless approved by the City pursuant to the procedure for issuance of this Excavation License. F. Reports to the City. Licensee shall submit annually in writing to the City Council the estimated quantity of minerals to be excavated. If the quantity of minerals to be excavated is for any reason likely to exceed the original estimate Licensee shall immediately notify the City Environmental Services/Special Projects Director in writing of the change in estimated quantity. II. SPECIFIC CONDITIONS A. Haul Roads. Material removed from the excavation site shall be transported within the City exclusively upon the following Haul Roads: Gravel shall be hauled via 221st Avenue NW to Highway 169. Transportation of materials upon these Haul Roads shall not commence until the City Environmental Administrator certifies to the City Council that all upgrading and repairing required by the City Council as a condition to the granting of this License, if any, has been completed. It shall be the responsibility of the Licensee to maintain the Haul Roads during the period of this License and to make any necessary repairs to the Haul Roads due to abnormal wear from Licensee’s operation as required by the City Environmental Administrator. B. Zoning Ordinance. The issuance of this License and the authority to conduct mineral excavation operations in the City of Elk River pursuant to this License is specifically conditioned on Licensee applying with the City for the necessary land use approvals to bring the property into compliance with Section 900 of the City Code, the City Zoning Ordinance. Failure to apply for the necessary zoning approvals and to supply the required application materials within 90 days of being directed by the Page 236 of 517 Excavation License Page 3 --------------------------- City to do so shall constitute grounds for suspension, revocation, or non-renewal of this License. III. ADDITIONAL CONDITIONS A. Additional Conditions. In addition to the conditions set forth above, Licensee shall comply with such other requirements and conditions as the City Council shall from time to time deem proper and necessary for the protection of its citizens and the general welfare, or in a Conditional Use Permit issued by the City for the operation. B. Gravel Area Study and Plan. Licensee shall also comply with such additional conditions as are necessary to bring the excavation operations authorized by this License and the Property into compliance with the findings and conclusions of the gravel area study and plan to be implemented by the City. IV. EXPIRATION AND RENEWAL This Excavation License shall expire on July 1, 2027, as provided by Section 42-56 of the City Code. Application for renewal of this License may be made to the City Council in the form required by the Mineral Excavation Ordinance. Issuance of this License does not guarantee renewal or extension thereof. Renewal or extension of this License shall be at the sole discretion of the City council upon its review of the application for renewal. V. EXCAVATION LICENSE FEE Licensee shall promptly pay the License Application Fee and annual license fees required by Section 42-54 of the City Code, in the amount of $1673.00. This license fee is not in lieu of the gravel tax collected by the county, a portion of which the City receives. VI. COSTS Licensee shall reimburse the City for all costs incurred in the approval, administration, and enforcement of this License, including consultant and attorney’s fees. VII. SUSPENSION OR REVOCATION The City Council may suspend or revoke this License pursuant to the procedures and standards set forth in Section 42-31 of the City Code. Page 237 of 517 Excavation License Page 4 --------------------------- VIII. INDEMNIFICATION OF CITY Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting form excavation operations or other activities on the Property. IX. SURETY BOND This License is not effective until the Licensee has posted a surety bond with a surety acceptable to the City, or a cash escrow, in the sum of $10,000. This amount shall be conditioned to pay the City the extraordinary cost and expense of repairing, from time to time, any highways, streets, or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel removing material from any pit or excavation of Licensee and conducting this year’s required rehabilitation as per the yearly reclamation plan. This amount shall be conditioned further upon Licensee’s compliance with all the requirements of the Mineral Excavation Ordinance and of this License and to pay any expense the City may incur by reason of doing anything required to be done by the Licensee. The bond or cash escrow shall remain in full force and effect for a minimum period of one (1) year after expiration of this License to guarantee the required rehabilitation as well as the other requirements herein provided. ________________________________ _______________7/1/2026 Joseph M. Hale Dated Environmental Services and Project Specialist ________________________________ _______________ Mayor John Dietz Dated City of Elk River Mayor Page 238 of 517 Request for Action To Item Number City Council 4.18 Meeting Date Prepared By July 6, 2026 Joe Stremcha, Business Services Director/Assistant City Administrator Item Description Reviewed by IT Server Replacements Seth Calvin Cal Portner Justin Dunford Action Requested Approve, by motion, the proposal submitted by HBS for $578,000 as the lowest qualified bid. Background/Discussion The city and ERMU IT staff discussed the Windows 2016 servers with the City Council in the Work Session on March 16, 2026. The servers will no longer be supported by Microsoft effective January 12, 2027. All routine security updates, patches, and technical support from Microsoft will end. Using these servers after the support date leaves infrastructure vulnerable to ransomware, malware, and compliance failures. Staff will begin migrating to supported versions or cloud alternatives (Azure/AWS) before that date. Staff posted a request for proposals from May 8, 2026, to May 22, 2026. Staff received the following proposals: ▪ Computer Integration Technologies (CIT) - $469,000 ▪ Heartland Business Systems (HBS) - $578,000 ▪ Marco Technologies (Marco) - $595,000 Upon review, staff rejected the proposal submitted by CIT for not meeting the support level, licensing structure, and disaster recovery expectations. These differences impact long-term cost, project risk, and operational continuity. The RFP sought a complete virtualization, server, storage, and Microsoft licensing solution. It also emphasized resiliency, reduced operational complexity, proper licensing, support, and a solution that fits municipal operations. CIT does provide hardware, scale, licensing, and onsite work; however, their proposal falls short in the clarification response: ▪ Linux VMs would be migrated by CIT, but Windows servers would be rebuilt as new Server 2025 VMs, and the City would be responsible for the services and data migration. ▪ Application compatibility with Server 2025 would need to be confirmed by the City with each application vendor. ▪ Rollback planning for the Windows server migrations would be the City’s responsibility. ▪ DR testing is not included. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 239 of 517 ▪ They could not provide a labor breakdown by phase. ▪ Some infrastructure items, like Veeam/proxy servers, were not clearly accounted for. ▪ Labor is time and materials, so the low number has more risk of changing once the project starts. Ultimately, staff recommends approval of the HBS proposal as the lowest qualified bid. Financial Impact The Capital Reserve Fund has roughly $300,000 designated for IT and $400,000 in undesignated funds. IT will need additional Capital Reserve Funds designated to continue investing in our aging infrastructure. Mission/Policy/Goal Meet changing needs - agile. Attachments 1. CIT - City of Elk River RFP 2. Heartland_Business_Systems.411931.v1.22 Elk River 3. Marco - City of Elk River - HPE Refresh Page 240 of 517 Request For Proposal Response City of Elk River Date: May 18, 2026 Prepared For: Prepared by: City of Elk River Computer Integration Technologies, Inc. (CIT) Seth Calvin, IT Manager Colton Jesse, Senior Account Manager 13065 Orono Parkway 2375 Ventura Drive Elk River, MN 55330 Woodbury, MN 55125 Email: scalvin@elkrivermn.gov Email: colton.jesse@citsolutions.net Phone: (763)635.1200 Phone: (651) 255.5732 Page 241 of 517Table of Contents 3| Cover Letter 4| Statement of Work 8| Company Profile 11| Case Study - Government Agency 12| Key Personnel 13| Cost & Considerations 14| References www.citsolutions.net | info@citsolutions.net | 651.255.5780 Page 242 of2 517Cover Letter Dear Seth, Computer Integration Technologies, Inc. (CIT) is pleased to submit this proposal in response to the City of Elk River’s Request for Proposal for the replacement of its hyperconverged infrastructure. We appreciate the opportunity to be considered as a technology partner for this important initiative. CIT brings more than 30 years of experience supporting Local City and State Government organizations with secure, reliable, and scalable infrastructure solutions. Our proposed solution leverages Scale Computing hyperconverged technology to deliver a resilient and easy to manage platform that aligns with the City's operational needs, while minimizing complexity and risk. While HPE SimpliVity has provided a robust and feature-rich platform, it introduces complexity in deployment, management, and ongoing support. The reliance on VMware, coupled with layered licensing and support models, has increased total cost of ownership (TCO) and operational overhead. Replacing HPE SimpliVity with Scale Computing represents a strategic shift toward a more efficient, cost-effective, and manageable IT infrastructure. This transition will position your organization to better support future growth, enhance operational agility, and deliver a higher level of service to the business. Anticipated Business Impact: • Reduce operational complexity and reliance on specialized IT resources • Lower capital and operational expenditures • Improve system resilience and uptime • Accelerate response to business needs with a more agile infrastructure CIT’s experience, technical expertise, and structured delivery approach make us a strong partner for the City of Elk River. Thank you for your time and consideration. Sincerely, Colton Jesse Senior Account Manager Computer Integration Technologies, Inc. (CIT) www.citsolutions.net | info@citsolutions.net | 651.255.5780 Page 243 of3 517Statement of Work • Kickoff/Meeting Call • Scale Server Imaging (3 Nodes) ▪ Unbox and assemble hardware. • Obtain license keys and necessary node configuration details from Scale. • Download necessary ISO media for current version Scale deployment. • Image each node with Scale ISO and verify successful OS deployment. • Prepare node for transport to customer location. • Configure Scale Cluster (3 Nodes) ▪ Review existing power and networking to verify sufficient load and port density to allow for Scale install (any lack of capacity will require a change order to the scope of this project). • Unbox and assemble hardware. • Configure OOBM networking and licensing for each node. • Configure switching VLANs and ports for LAN and BACKPLANE networks. • Install hardware into rack and connect to power and networking. • Establish node connectivity and configure BACKPLANE networking. • Install latest Scale hardware and firmware updates on all nodes. • Enable SNMP monitoring on nodes. • Complete initial cluster setup and configuration. • Configure DR Node (1 Node) ▪ Unbox and assemble hardware. • Configure OOBM networking and licensing for each node. • Configure switching VLANs and ports for LAN and BACKPLANE networks. • Install hardware into rack and connect to power and networking. • Establish node connectivity and configure BACKPLANE networking. • Install latest Scale hardware and firmware updates on all nodes. • Enable SNMP monitoring on nodes. • Complete initial cluster setup and configuration. • Configure replication between Scale clusters. • Enable Fleet Manager on all clusters. • Customer Considerations ▪ Vendor support-ability and compatibility with all applications should be verified with Scale Computing hypervisor before proceeding with application migrations. www.citsolutions.net | info@citsolutions.net | 651.255.5780 Page 244 of4 517Statement of Work Continued • Server Migration (7 VMs) ▪ NOTE: Multiple solutions exist for migration between Hypervisors - Service Engineer assigned to project will determine best course of action. • Available migration methods for this project:Acronis Trial Tenant • Veeam Community Edition • Veeam Licensed Version • Datto BDR Backups • Scale Migrate (Carbonite) • Starwind (Host to Host Migration Tool) • Configure/Install necessary components for recovery method (if applicable). • Verify proper backups running for VMs that are being migrated. • Verify backup method is using proper agent based vs hypervisor based backups (if applicable). • Per VM Cutover Process (VM downtime required - after hours recommended):Complete final backup and shutdown legacy VM. • Export/Restore VM to new hypervisor. • Power on new VM and install Guest Tools (VM reboot required). • Configure proper networking on VM. • Confirm VM functionality and connectivity. • Verify all virtual machines have been migrated to new hypervisor and are functioning correctly. • Virtual Machine Migration List (Linux Machines Only):25203DBS • 25203IVR • 25203VLT • 25203WEB • IPM-ELKR • IPM2-ELKR • OBSERVER www.citsolutions.net | info@citsolutions.net | 651.255.5780 Page 245 of5 517Statement of Work Continued • New Server Build (27) ▪ NOTE: CIT will create VMs for the customer to handle application and services migration to the new Windows VMs. • Create new VMs on virtual infrastructure: • Install Server 2025 Datacenter. • Install security software and latest windows updates. • Configure static IP and join to customer domain. • Configure backups. • Server Migration List:2FA-ELKR • 3CX-ELKR • CES-ELKR • DC2-ERMU • DC3-ELKR • DC5-ELKR • DC7-ELKR • DICTATION-ELKR • ERMU-ARCGIS-ELKR • ERMU-PORTAL • EXCH2016-ELKR-2 • EXCH2016-ERMU • FINANCE-ELKR-2 • FORTRES-ELKR • FS-ERMU • ITDSX • LASERFICHE-ELKR • LETG-ELKR • LETG-ELKR-MSS • LETG-ELKR-MYS • MEDIA-ELKR • NM-ELKR • PDQ-ELKR • PDQ-ERMU • PERMIT-ELKR • PROXY1-ELKR • SOLARWINDS-ELKR www.citsolutions.net | info@citsolutions.net | 651.255.5780 Page 246 of6 517Statement of Work Continued • Post project QA checklist Project Management • CIT will assign a dedicated resource to serve as the Project Manager (“Project Manager”). The Project Manager will be responsible for overseeing the project, coordinating CIT resources, and serving as the primary point of contact for the Customer. Responsibilities will include.Managing project scope, including facilitating and documenting formal change requests. • Developing and maintaining the project schedule. • Leading regular status meetings with stakeholders, in accordance with the frequency agreed in the Project Plan. • Maintaining live project status updates within the Customer Portal, where the Customer may view reports at any time. • Performing additional project management activities as defined in this Statement of Work • Facilitate a formal project closure, which may include a Project Closure meeting. CIT Change Orders • CIT establishes change management procedures to initiate changes to the services identified in the SOW.A change typically occurs when either party encounters any of the following situations during service delivery: • Either party identifies new requirements not included in the original service’s scope • Either party changes the direction and intent of this Service, which requires CIT to rework the services. • Small ChangesChanges less than 20% of the original scope will be managed informally with email verification by the PM. • Large ChangesChanges greater than 20% of the original scope will be managed with a formal approval process. www.citsolutions.net | info@citsolutions.net | 651.255.5780 Page 247 of7 517Company Profile Computer Integration Technologies, Inc. (CIT) It all started with two guys on a fishing dock. Their goal was to make technology clear, understandable, and painless for business. Since 1992 Computer Integration Technologies’ focus on people, solutions, cybersecurity, hardware, software, and the future makes technology work for everyone. CIT is the IT member on your team. We are the experts in the ever-changing technology landscape so you can focus on what truly matters to you and your business. 8 www.citsolutions.net | info@citsolutions.net | 651.255.5780 Page 248 of 517 Company Profile CIT Cont. CORE VALUES Our People Passion for our Integrity Our Culture Our Solutions Customers Incorporated: 1992 Years in Business: 34 CIT technical resources hold certifications SOC 2 Type 2 Compliant across our major manufacturer partners BCA Screened Vendor and Solution vendors and are assigned to clients based CJIS Certified on the client infrastructure and support CIT Authorized Signer: Sarah Burns requirements. Number of Full-Time Employees: 155 102 located in MN CIT is an equal opportunity employer and all Locations: Headquarters, 2375 Ventura Drive, qualified applicants will receive Woodbury, MN 55125, and Satellite location consideration for employment, regardless of in Rochester, MN 55906 their race, color, creed, religion, ancestry, national origin, sex, affectional preference, CIT Services Team are subject to background disability, age, marital status or status with checks and vetted by the Minnesota Bureau regard to public assistance. CIT also has an of Criminal Apprehension (BCA) Workforce affirmative action plan in place to Certificate of Compliance. Continuously strive to maintain a diverse workforce. Lastly, CIT also holds a workforce CIT is small enough to provide great service certificate of compliance through the MN through dedicated resources and relationships, Department of Human Rights. but large enough to provide scalable enterprise solutions to meet the needs of our clients. CIT uses Automatic Data Processing (ADP)’s Larger organizations struggle with the ability to background checks system through its provide this level of personal relationship, trust workforce now Human Resources (HR) and true understanding of their unique needs management system to verify the financial and technology goals. Today, CIT has 150 W-2 and criminal background of each new employees and services over 750 customers employee. Upon acceptance of a position, located throughout the Minnesota metro area Contingent upon a successful background and western Wisconsin. CIT headquarters are in check, each individual is verified by through Woodbury and through our hybrid workforce one of ADP’s agencies. Our standard the majority of employees are dispatched from background screening checks include: this location, with a small portion of employees working remotely throughout the United States. www.citsolutions.net | info@citsolutions.net | 651.255.5780 Page 249 of9 517 Company Profile CIT Cont. • Identity Validations NAME OF COMPANY: • Address History Computer Integration Technologies, Inc. • Criminal Court Records (CIT) • Driving Records ADDRESS: 2375 Ventura Drive • Credit Records CITY, STATE, ZIP: Woodbury, MN 55125 • Government Registries OFFICE NUMBER: 651.255.5780 • Workers’ Compensation Records FEDERAL EIN: 41-1720479 • Reference Verifications DUNS NUMBER: 80-574-3632 • Substance Abuse Testing E-RATE SPIN NUMBER: 143014000 In addition, ADP helps us create SWIFT VENDOR ID: 0000868280 customized, position–specific background SWIFT CONTRACT ID: 81434 screening packages. ADP’s checks allow us to perform Fair Credit Reporting Act (FCRA) – compliant employment background checks. We are confident our identity validations, criminal background checks and other screens will deliver us the information to make informed decisions. As a company, we have a very low turnover rate. We have over a 90% retention rate. In-House Services Application Cloud Cybersecurity & Development Cabling Solutions Compliance Physical Voice Hardware Training Security Solutions www.citsolutions.net | info@citsolutions.net | 651.255.5780 Page 250 of1 517 0 Scale Case Study - Government Agency The Challenge  • Complex Legacy Systems: The agency relied on an aging VMware server farm that required separate, siloed management for compute and storage (SAN).  • Resource Drain: Managing this traditional environment created heavy administrative overhead, pulling the lean IT team away from user-facing initiatives.  • Cost Escalation: Complex VMware licensing and hardware maintenance led to unpredictable budgets and a high total cost of ownership.  The CIT Solution  • Strategic Partnership: Utilizing our Managed IT Services framework, CIT designed a migration path focused on eliminating downtime and ensuring data security.  • Unified Infrastructure: Deployed a unified Scale Computing Hyperconverged Infrastructure (HCI) cluster, consolidating servers, storage, and virtualization into a single appliance.  The Business Outcomes  • Simplified Management: Stripped away the virtualization and SAN layers, reducing weekly infrastructure management time drastically.  • Licensing Relief: Completely eliminated costly VMware licensing fees by utilizing Scale’s built-in hypervisor.  • Resilience & Continuity: Delivered automated, built-in disaster recovery and high availability for critical municipal services.  • Predictable TCO: Stabilized infrastructure spending for future budget cycles.  www.citsolutions.net | info@citsolutions.net | 651.255.5780 Page 251 of11 517Key Personnel - Leadership KYLE ETTER We believe in forging President & CEO connections that propel us forward, which is why our 651.255.5703 leadership team is always kyle.etter@cit-net.com just a message away—ready to collaborate, listen, and help you meet your goals. TODD SORG Out of respect for our Chief Operating Officer & employees privacy, we do CISO not disclose their individual bios and certifications. We 651.255.5750 operate as a team and can todd.sorg@cit-net.com ensure that the appropriate skilled engineer will be assigned to address the specific needs and support tickets of the City and your ROB CRAMER end users. Director of Services 651.255.5737 rob.cramer@cit-net.com ANN MAUER Director of Sales 651.255.5729 COLTON JESSE ann.mauer@cit-net.com Senior Account Manager 651.255.5732 colton.jesse@cit-solutions.net NATE SCHMITT Director of Cybersecurity 651.255.5773 nate.schmitt@cit-net.com www.citsolutions.net | info@citsolutions.net | 651.255.5780 Page 252 of12 517Cost & Considerations www.citsolutions.net | info@citsolutions.net | 651.255.5780 Page 253 of13 517 References Our mission is to empower organizations to We excel in providing scalable, reliable, and achieve their goals through innovative secure IT solutions that enhance operational technology solutions tailored to their unique efficiency and support their mission-critical needs. With a history spanning over three activities. By leveraging our deep industry decades, our company has grown to serve a knowledge and technical proficiency, we diverse customer base, including construction, ensure that our customers receive top-tier manufacturing, and businesses of varying service and support, enabling them to focus verticals and sizes. on their core objectives without worrying about their IT infrastructure. Our expertise lies in understanding the specific requirements and challenges faced by Our track record of successful projects and organizations like the City of Elk River. satisfied clients is a testament to our commitment to excellence and client satisfaction. We are dedicated to building longterm partnerships and delivering customized solutions that drive success for our customers. References City of Corcoran Nalisha Williams Assistant City Administrator (763)338.9292 nwilliams@corcoanmn.gov City of Andover Scott Allen IT Manager (763)767.5148 s.allen@andovermn.gov ERA Structural Engineering Ray RInger IT Manager (651) 251.7570 rringer@eraeng.com www.citsolutions.net | info@citsolutions.net | 651.255.5780 Page 254 of14 517 Dear Seth Heartland Business Systems LLC (HBS) appreciates the opportunity to respond to City of Elk River’s request (RFQ Reference: COER-IT-INFRA-2026). We are pleased to present a solution aligned to your goals of deploying a reliable, scalable, and future-ready infrastructure environment. HBS brings extensive experience delivering enterprise infrastructure solutions that are designed for performance, simplicity, and long-term operational value. Our team works closely with customers to ensure solutions are not only technically sound, but also aligned with organizational priorities, timelines, and budget expectations. As part of this response, HBS has partnered with Lenovo and Scale Computing to deliver a highly resilient, hyperconverged infrastructure platform. This solution is designed to simplify operations, reduce complexity, and provide a cost-effective, scalable oundationf to support your organization’s current and future technology needs. By combining Lenovo’s enterprise-grade hardware with Scale Computing’s streamlined virtualization platform, we are able to deliver a solution that is both powerful and easy to manage. Our approach is centered on partnership. We are committed to providing a seamless experience from initial planning through implementation and beyond, ensuring long-term success and value for your organization. We are excited about the opportunity to partner with the City of Elk River and appreciate your consideration of our proposal. Sincerely, Paul Thon Sales Consultant Heartland Business Systems, LLC Cell: 763-350-7784 Office: 952-487-7357 Email: pthon@hbs.net Page 255 of 517 Vendor Background and Qualifications (Attachment B) Company Experience Heartland has enjoyed significant growth for more than 30 years and currently employs over 600 employees across Wisconsin, Illinois, Iowa, Minnesota, Michigan, Nebraska, Arkansas, Missouri, Kansas, and Arizona. It is Heartland’s commitment to its company mission, “to implement hardware and software technologies that will improve the profitability of every customer we serve”, that is the cornerstone to its success. Heartland Business Systems Overview From the very beginning, the mission of Heartland has been to implement hardware and software technologies that will improve the success of the customers we serve. Technology is the key to success for every organization. You need instant access to information to make the very best business decisions. At Heartland, our capabilities and expertise make us uniquely qualified to put you in touch with the very latest in technology. It takes experience to design the right program to meet your needs – not just for today, but for the future. It takes leadership to put that plan in place. At Heartland, we pledge to provide you with unsurpassed customer service to help increase your productivity, efficiency and profitability. Industry Awards and Achievements: Page 256 of 517 Key Technical Resource: Jesse Everett Principal Architect – Systems Heartland Business Systems, LLC Email: jeverett@hbs.net | Phone: 515-553-6661 Jesse Everett is a Principal Architect within Heartland Business Systems’ Architecture and Innovation team, specializing in enterprise infrastructure design, data center modernization, and hyperconverged platforms. Relevant Experience • Leads architecture and design of enterprise data center refresh initiatives • Designs and validates Lenovo-based infrastructure and Scale Computing hyperconverged solutions • Develops disaster recovery and replication strategies, including VM replication and failover • Supports backup and recovery architecture, including integration with solutions such as Veeam • Creates and validates Bills of Materials (BoMs) and solution configuration • works directly with customers and vendor partners to refine and finalize technical solutions Technical Certifications • Microsoft • Virtualization Platform (Scale/VMware/Nutanix) • Storage / Infrastructure • Networking / Data Center Page 257 of 517 Heartland Business Systems Project Management Heartland provides Project Management services for projects with multiple phases, multiple resources, or complex scope. The primary goal of project management is completing a project “On-Time and On- Budget”. These services include the following: • Creation and ongoing modification of project plans • Identification of skill sets required for tasks within a project • Coordination and scheduling of resources with required skill sets • Management of project team, tracking completion within budget estimates • Weekly notification of project status and completion milestones • Documentation necessary to “close” a project when complete Key Project Management Resource: Glenn Gerardi Senior Project Manager I Heartland Business Systems, LLC Email: ggerardi@hbs.net | Phone: 920-572-6024 Glenn Gerardi is a Senior Project Manager within HBS’s Enterprise Optimization PMO, responsible for leading and delivering complex IT infrastructure projects from initiation through completion. Glenn specializes in coordinating cross-functional teams, managing timelines and deliverables, and ensuring successful project execution aligned to customer expectations. Relevant Experience • Manages full lifecycle delivery of infrastructure and data center projects • Leads project planning, scheduling, and resource coordination Page 258 of 517 • Oversees customer communication, risk management, and project governance • Coordinates technical teams for: o Hardware deployments o Server and infrastructure implementation o Network and system upgrades • Ensures delivery of: o Documentation o Knowledge transfer o Project closeout and acceptance Technical Certifications • Project Management (PMP/Agile/Scrum) • IT Infrastructure / Networking • Vendor Certifications (Cisco/Microsoft/etc) References Reference Chris Leiseth City of Plymouth Cleiseth@plymouthmn.gov Steve Anderson Central Public Schools Sanderson@isd108.org Bill Ries Inver Grove Heights Schools Riesb@isd199 Page 259 of 517 Statement of Work City of Elk River DATACENTER REFRESH RFQ Reference: COER-IT-INFRA-2026 SOW Prepared By: Paul Thon Jesse Everett Glenn Gerardi Solution Consultant Principal Architect Project Manager Heartland Business Systems, LLC Heartland Business Systems, LLC Heartland Business Systems, LLC Phone: (952) 487-7357 Phone: (843) 437- 0151 Phone: (920) 572-6024 Pthon@hbs.net JEverett@hbs.net Ggerardi@hbs.net www.hbs.net | Linkedin.HBS.net | @HBSTech 800-236-7914 | Heartland Business Systems, LLC Page 260 of 517 STATEMENT OF WORK - 5/21/2026 City of Elk River – Datacenter Refresh Project Overview This Statement of Work (“SOW”) reflects the services and material to be provided by Heartland Business Systems, LLC, (hereinafter referred to as “HBS") for City of Elk River (hereinafter referred to as “Customer Abrv.“ or “Customer”). The objectives of the project are: • Hardware Deployment • Server Deployment • VM Replications • Veeam reconfiguration Project Scope HBS will provide the following services (hereinafter referred to as the “Scope”): This project is expected to take 6 weeks to complete from the project kick-off. In the event that an extension to the project timeline is required, the parties shall utilize the Change Order process. In Scope • Hardware Deployment o Assist with 3-Node Scale Deployment in Production ▪ Scale Professional Services used to deploy the Scale Nodes ▪ Provide assistance and guidance as necessary o Assist with 3-Node Scale Deployment in DR ▪ Scale Professional Services used to deploy the Scale Nodes ▪ Provide assistance and guidance as necessary • Server Deployment o Deploy Windows Server 2025 Template ▪ Customer to provide Licensing ▪ Update to latest recommend patch o Deploy Up to 35 new Application Servers ▪ Use Windows template to deploy new servers ▪ Customer to provide and deploy XDR agents if any ▪ Assist Customer with services migration from old to new application servers • Not responsible for any 3rd party Vendor configurations or cooridnations • Will assist both customer and 3rd party vendor as requested • Cutover of services will be performed by customer o Deploy up to 5 new Linux Servers ▪ Version and Linux Distro to be determined by Customer or 3rd party Vendor ▪ Linux deployment support will be best effort ▪ Linux migration support will be best effort • Business Continuity o Configure Replication CONFIDENTIAL 2 Page 261 of 517 STATEMENT OF WORK - 5/21/2026 City of Elk River – Datacenter Refresh ▪ Setup remote cluster configuration ▪ Specify VMs for replication ▪ Configure Replication interval policy o Reconfiguration of Veeam ▪ Upgrade Veeam if required for Scale Integration • Version 13.01.1071 • Convert licensing to instance based ▪ Configure Scale Worker node deployment ▪ Configure Backup Jobs • Documentation o List of IP Addresses o List of Usernames and Passwords o High Level Physical Network Diagram for the Scale Node connections o High Level Logical Diagram for replication and Backup Topology Out of Scope • Cutover of Services for any VM • Advanced troubleshooting of any non-scale application or linux vm issue. • Any work or material not specifically identified in this document is not included in this Agreement. The out-of- scope items shall include the following: Deployment of any additional equipment not specifically listed in this SOW or Quote for the project. Additional Requirements and Conditions • HBS and Customer will both ensure that adequate resources, for which each respective party is responsible, are available when needed throughout the duration of this engagement. The timely completion of this engagement will depend on the availability of the necessary Customer personnel. • Project management shall provide updates to Customer regarding the project. Solutions consultant shall be the Customer’s primary contact for any questions regarding billing. • The timely completion of this engagement will also depend on the availability and delivery of the product(s) associated with this SOW from other vendors. Any shipping and delivery dates are approximate and are not guaranteed and are subject to the current availability of products from third party vendors, production schedules of third party vendors, and supply chain delays and shortages, all of which are outside the control of HBS. Such delays may extend the duration of the project and may result in budget impacts and increased time to manage resources against the estimated product delivery. In the event that a delay may impact the project, the parties shall utilize the change order process in order to address the impacts of such delay. • Any potential dependencies discovered prior to or during implementation will be communicated to Customer and HBS to determine impact to the timing, scope and pricing for the project, and the parties shall utilize the Change Order process as necessary. Customer Responsibilities Site and System(s) Readiness The items listed below shall be the responsibility of the customer: • Customer responsible for all change management process tickets and notifications CONFIDENTIAL 3 Page 262 of 517 STATEMENT OF WORK - 5/21/2026 City of Elk River – Datacenter Refresh • Customer will have needed rack-space for equipment • Customer will have needed switchports at the required speeds for install • Customer will have available power for new hardware Working Conditions and Access The items listed below shall apply to the extent applicable: • Customer will provide Independent remote access for the duration of the project. This will be with VPN, VDI, or ZTNA agent or agentless connection. This work will not be conducted over screensharing/collaboration meeting tools (i.e Zoom, Microsoft Teams, Cisco Webex, etc…) • Customer will provide a Single Point of Contact with decision making ability to interface with HBS. This person is responsible for signing off on Scope of Work and Change Order documents throughout the project. • Customer will provide Subject Matter Experts (SMEs) when required by project personnel and/or project activities. If delays in the project timeline are a result of delayed access to SME personnel or any other Customer delays, Customer may be subject to additional charges. • Customer will provide HBS with access, including all password and logins, to required existing network or system assets listed in the scope. • Customer will provide HBS with proper access and workspace areas at Customer locations that includes internet, physical and remote access to in scope infrastructure or systems. • Customer will allow the HBS engineer to connect their computer to Customer network in order to perform their duties. HBS will allow Customer to examine said notebook for current anti-virus software, if needed. • Customer will allow HBS unescorted access to computer rooms, equipment closets and the general facility. If unescorted access is not available, Customer shall assign access levels appropriately and coordinate escorts. • Customer will provide adequate access and credentials required for the assessment of all components or systems listed in the scope. • Customer will provide remote access prior to, and throughout, the project if required. • Customer will have working Internet access available where the work will be performed. • Customer is responsible for resolving problems outside the SOW that are beyond the control of HBS. These shall include but not be limited to software/firmware bugs, vendor engineering support cases, hardware failures, telecommunication circuits, server issues, desktop issues, the acts or omissions of any third party, or any other occurrence not caused by HBS. HBS can assist with these out-of-scope issues through the Change Order process or on a time and materials basis. Testing, Notification and Change Control • Customer will provide advanced notification of any network outages or changes during the implementation period. • Customer will assist with the creation of and perform user acceptance testing and post-migration end-point validations. • HBS and Customer will provide 48-hour notification of any schedule changes. • Customer will assist with the design, testing and validation of the project Deliverables . • Customer and HBS agree that work shall progress when Customer staff is not available to participate. CONFIDENTIAL 4 Page 263 of 517 STATEMENT OF WORK - 5/21/2026 City of Elk River – Datacenter Refresh Deliverables The following are the deliverables HBS will provide to Customer (hereinafter referred to as “Deliverables”) for this project: Any change to the Deliverables listed below will require a Change Order. # Deliverables 1 3-Node Scale in Production 2 3-Node Scale in DR 3 Veeam Configuration 4 Replication 5 Documentation Estimated Hours This is an estimate of hours and, by its nature, is a “best guess,” based on industry standards and best practices, HBS’ experience, and Customer’s needs as communicated thus far. HBS used input from its most experienced team members to generate this estimate. The pricing is set forth on the attached Quote. # Task Est Effort (hrs) 1 Hardware Deployment 16 2 Server Deployment 120 3 Business Continuity 16 4 Documentation 4 Total Hours 156 Project Completion 1 Project will be complete when all Deliverables have been provided to Customer. Customer will have seven (7) business days to review the Deliverables for the project. If HBS does not receive a written notice of rejection describing the basis for rejection within this period, the Deliverables will be considered accepted. After the completion of the project, support may be obtained by contacting the HBS Account Manager. Support will be billed at an agreed upon rate for services rendered. Change Management Additional products and services beyond the In-Scope deliverables listed above are considered out of scope and require a Change Order executed by the parties before any such work can be performed. Any additions, deletions, or modifications to the Agreement, regardless of change to project value, require a Change Order. Terms CONFIDENTIAL 5 Page 264 of 517 STATEMENT OF WORK - 5/21/2026 City of Elk River – Datacenter Refresh Binding Agreement. This SOW describes the professional services and/or products, and results to be provided by HBS. Upon execution, this SOW shall be contractually binding on the parties. The HBS Standard Terms and Conditions are also made part of this Agreement. Order of Precedence. Any ambiguity or inconsistency between or among the statements of this SOW and the Standard Terms and Conditions shall be resolved by giving priority and precedence in the following order: • Statement of Work • Standard Terms and Conditions Work Hours. All professional services work will be completed during the normal business hours of 8:00 am – 5:00 pm Monday - Friday Central Time. Any work occurring after 5:00 pm or before 8:00 am or on weekends is subject to a bill rate of 1.5 times the normal rate, unless the parties agree otherwise in writing. In the event that any change to the above- stated work hours is required, whether due to shipping or delivery delays or any other reason, the parties shall utilize the Change Order process. General. No other promises have been made related to this SOW except for those stated in this SOW. This SOW supersedes all other agreements or promises related to this project and SOW. HBS shall not be responsible for any delay caused by the Customer or its vendors or contractors, equipment or shipping delays, or any other occurrence not caused by HBS. Confidentiality. Each party may have access to confidential information concerning the methodologies, pricing, and business practices of the other. Neither party shall make any use of such information of the other party except in connection with the exercise of its rights and responsibilities under this SOW. CONFIDENTIAL 6 Page 265 of 517 Lenovo Data Center Upgrade with Scale - RFQ Reference: COER-IT-INFRA-2026 Quote #411931 v1 Prepared For: Prepared by: Date Issued: Elk River City of Heartland Business Systems 05.21.2026 Seth Calvin Paul Thon Expires: 13065 Orono Parkway 1700 Stephen Street 06.19.2026 Elk River, MN 55330 Little Chute, WI 54140 P: (763) 635-1084 P: (800) 236 7914 E: SCalvin@ElkRiverMN.gov E: pthon@hbs.net Lenovo Price Qty Ext. Price 7DG9T8J700 ThinkSystem SR630 V4, 2xIntel Xeon 6505P 12C 2.2GHz 150W, 8x64GB 2Rx4, $45,370.10 3 $136,110.30 6x7.68TB SSD, SW RD, 2x1300W C1XE ThinkSystem 1U V4 10x2.5" Chassis 3 C3JB ThinkSystem General Computing - Power Efficiency 3 BVGL Data Center Environment 30 Degree Celsius / 86 3 Degree Fahrenheit C5QQ Intel Xeon 6505P 12C 150W 2.2GHz Processor 6 BPFK ThinkSystem SR850 V3/SR630 V3/SR630 V4 6 Standard Heatsink C0TQ ThinkSystem 64GB TruDDR5 6400MHz (2Rx4) 24 RDIMM 5977 Select Storage devices - no configured RAID required 3 C0ZT ThinkSystem 2.5" U.2 VA 7.68TB Read Intensive 18 NVMe PCIe 5.0 x4 HS SSD C21X ThinkSystem 1U V4 10x2.5" NVMe Gen5 Backplane 3 C1YK ThinkSystem SR650 V4/SR630 V4 x16 OCP Cable Kit 3 C1YK ThinkSystem SR650 V4/SR630 V4 x16 OCP Cable Kit 3 C4GB ThinkSystem Broadcom 57412 10GBase-T 4-Port 3 OCP Ethernet Adapter BPPW ThinkSystem Broadcom 57504 10/25GbE SFP28 4- 3 Port OCP Ethernet Adapter C0U5 ThinkSystem 1300W 230V/115V Platinum CRPS Hot- 6 Swap Power Supply v2.4 6400 2.8m, 13A/100-250V, C13 to C14 Jumper Cord 6 C1YT ThinkSystem 1U V4 Performance Fan Module 12 C1YP ThinkSystem 1U V4 Standard Media Bay 3 C2DH ThinkSystem Toolless Slide Rail Kit V4 3 BPKQ TPM 2.0 with Secure Boot 3 B7Y0 Enable IPMI-over-LAN 3 BK14 Low voltage (100V+) 3 B8KJ ThinkSystem 1U 10x2.5" NVMe HDD Type Label 3 BZ7F ThinkSystem WW Lenovo LPK, Birch Stream 3 B97B XCC Label 3 C3PL ThinkSystem BHS 1U OCP number Label 3 C1ZS ThinkSystem 1300W (CRPS) power rating label WW 3 C20J ThinkSystem SR630 V4 Service Label for WW 3 AWF9 ThinkSystem Response time Service Label LI 3 C20D ThinkSystem SR630 V4 model name Label 3 Quote #411931 v1 Page: 1 of 8 Page 266 of 517 Lenovo Price Qty Ext. Price AUTQ ThinkSystem small Lenovo Label for 3 24x2.5"/12x3.5"/10x2.5" BQPS ThinkSystem logo Label 3 C1ZP ThinkSystem SR630 V4 Agency label with Blank 3 C1XL ThinkSystem Power Cable, PIC Power 2x3+6P to PIC 3 Power 2x3+6P, 480mm C1XM ThinkSystem PCIe 5.0 Cable, MCIO 8X STR TO 9 MCIO 8X STR, 250mm C1XN ThinkSystem PCIe 5.0 Cable, MCIO 8X STR TO 6 MCIO 8X STR, 350mm BE0F N+N Redundancy Without Over-Subscription 3 CAR5 SR630 V4 Laser service indicator 3 C3NU ThinkSystem SR630 V4 MI-10x2.5" NVMe G5 BP 3 CA9B ThinkSystem 1U/2U V4 From MB-PCIe10 to MB 3 OCP1 EXPANSION CA9A ThinkSystem 1U/2U V4 From MB-PCIe12 to MB 3 OCP2 EXPANSION B0ML Feature Enable TPM on MB 3 C4DV ThinkSystem SR630 V4 Processor Board 3 C3K9 XClarity Platinum Upgrade v3 3 BU1E Top Choice flag 3 CA7N ThinkSystem SR630 V4 System I/O board v2 3 C26Y ThinkSystem V4 CPU HS Clip 6 BHSS MI for PXE with RJ45 Network port 3 C5XG ThinkSystem SR630 V4 General Config PKG AC+CL 3 AVEN ThinkSystem 1x1 2.5" HDD Filler 12 B8NK ThinkSystem 1U Super Cap Holder Dummy 3 C1YX ThinkSystem 1U V4 Full Height Riser Cage 1 Filler 3 C1YW ThinkSystem 1U V4 Full HeightRiser Cage 2 Filler 3 CBDC ENERGY STAR Certification Country 3 7S0XCTO6WW XClarity One 3 SCJE XClarity One - Standard, Per Endpoint w/5 Yr SW 3 S&S 7S0XCTO8WW XClarity Controller Prem-FOD 3 SCY0 Lenovo XClarity XCC3 premier - FOD 3 5641PX3 XClarity Pro, Per Endpoint w/3 Yr SW S&S 3 3444 Registration only 3 1340 Lenovo XClarity Pro, Per Managed Endpoint w/3 Yr 3 SW S&S 5WS7C20030 3Yr Premier NBD Resp SR630 V4 3 5PS7C20468 3Yr KYD Add-On $43.25 3 $129.75 5WS7C20030 3Yr Premier NBD Resp $1,634.40 3 $4,903.20 Quote #411931 v1 Page: 2 of 8 Page 267 of 517 Lenovo Price Qty Ext. Price Disaster Recovery 7DG9T8J800 ThinkSystem SR630 V4, 2xIntel Xeon 6505P 12C 2.2GHz 150W, 8x64GB 2Rx4, $45,370.10 3 $136,110.30 6x7.68TB SSD, SW RD, 2x1300W C1XE ThinkSystem 1U V4 10x2.5" Chassis 3 C3JB ThinkSystem General Computing - Power Efficiency 3 BVGL Data Center Environment 30 Degree Celsius / 86 3 Degree Fahrenheit C5QQ Intel Xeon 6505P 12C 150W 2.2GHz Processor 6 BPFK ThinkSystem SR850 V3/SR630 V3/SR630 V4 6 Standard Heatsink C0TQ ThinkSystem 64GB TruDDR5 6400MHz (2Rx4) 24 RDIMM 5977 Select Storage devices - no configured RAID 3 required C0ZT ThinkSystem 2.5" U.2 VA 7.68TB Read Intensive 18 NVMe PCIe 5.0 x4 HS SSD C21X ThinkSystem 1U V4 10x2.5" NVMe Gen5 Backplane 3 C1YK ThinkSystem SR650 V4/SR630 V4 x16 OCP Cable 3 Kit C1YK ThinkSystem SR650 V4/SR630 V4 x16 OCP Cable 3 Kit C4GB ThinkSystem Broadcom 57412 10GBase-T 4-Port 3 OCP Ethernet Adapter BPPW ThinkSystem Broadcom 57504 10/25GbE SFP28 4- 3 Port OCP Ethernet Adapter C0U5 ThinkSystem 1300W 230V/115V Platinum CRPS 6 Hot-Swap Power Supply v2.4 6400 2.8m, 13A/100-250V, C13 to C14 Jumper Cord 6 C1YT ThinkSystem 1U V4 Performance Fan Module 12 C1YP ThinkSystem 1U V4 Standard Media Bay 3 C2DH ThinkSystem Toolless Slide Rail Kit V4 3 BPKQ TPM 2.0 with Secure Boot 3 B7Y0 Enable IPMI-over-LAN 3 BK14 Low voltage (100V+) 3 B8KJ ThinkSystem 1U 10x2.5" NVMe HDD Type Label 3 BZ7F ThinkSystem WW Lenovo LPK, Birch Stream 3 B97B XCC Label 3 C3PL ThinkSystem BHS 1U OCP number Label 3 C1ZS ThinkSystem 1300W (CRPS) power rating label WW 3 C20J ThinkSystem SR630 V4 Service Label for WW 3 AWF9 ThinkSystem Response time Service Label LI 3 C20D ThinkSystem SR630 V4 model name Label 3 AUTQ ThinkSystem small Lenovo Label for 3 24x2.5"/12x3.5"/10x2.5" BQPS ThinkSystem logo Label 3 C1ZP ThinkSystem SR630 V4 Agency label with Blank 3 C1XL ThinkSystem Power Cable, PIC Power 2x3+6P to 3 PIC Power 2x3+6P, 480mm C1XM ThinkSystem PCIe 5.0 Cable, MCIO 8X STR TO 9 MCIO 8X STR, 250mm C1XN ThinkSystem PCIe 5.0 Cable, MCIO 8X STR TO 6 MCIO 8X STR, 350mm BE0F N+N Redundancy Without Over-Subscription 3 Quote #411931 v1 Page: 3 of 8 Page 268 of 517 Lenovo Price Qty Ext. Price CAR5 SR630 V4 Laser service indicator 3 C3NU ThinkSystem SR630 V4 MI-10x2.5" NVMe G5 BP 3 CA9B ThinkSystem 1U/2U V4 From MB-PCIe10 to MB 3 OCP1 EXPANSION CA9A ThinkSystem 1U/2U V4 From MB-PCIe12 to MB 3 OCP2 EXPANSION B0ML Feature Enable TPM on MB 3 C4DV ThinkSystem SR630 V4 Processor Board 3 C3K9 XClarity Platinum Upgrade v3 3 BU1E Top Choice flag 3 CA7N ThinkSystem SR630 V4 System I/O board v2 3 C26Y ThinkSystem V4 CPU HS Clip 6 BHSS MI for PXE with RJ45 Network port 3 C5XG ThinkSystem SR630 V4 General Config PKG AC+CL 3 AVEN ThinkSystem 1x1 2.5" HDD Filler 12 B8NK ThinkSystem 1U Super Cap Holder Dummy 3 C1YX ThinkSystem 1U V4 Full Height Riser Cage 1 Filler 3 C1YW ThinkSystem 1U V4 Full HeightRiser Cage 2 Filler 3 CBDC ENERGY STAR Certification Country 3 7S0XCTO6WW XClarity One 3 SCJE XClarity One - Standard, Per Endpoint w/5 Yr SW 3 S&S 7S0XCTO8WW XClarity Controller Prem-FOD 3 SCY0 Lenovo XClarity XCC3 premier - FOD 3 5641PX3 XClarity Pro, Per Endpoint w/3 Yr SW S&S 3 3444 Registration only 3 1340 Lenovo XClarity Pro, Per Managed Endpoint w/3 Yr 3 SW S&S 5PS7C20468 3Yr KYD Add-On $43.25 3 $129.75 5WS7C20030 3Yr Premier NBD Resp $1,634.40 3 $4,903.20 Subtotal: $282,286.50 Direct Attach Cables Price Qty Ext. Price SFC2-CIIB-3M- CISCO TO IBM COMPATIBLE SFC2-CIIB-3M 10GBASE-CU SFP+ DAC 3M TAA $34.29 6 $205.74 ENC COMPLIANT Subtotal: $205.74 Quote #411931 v1 Page: 4 of 8 Page 269 of 517 Scale 5 Year Upfront Price Qty Ext. Price Production 1 HCOS-S-5-24C-PS SC//HYPERCORE - 24C-PS 5 YEAR LICENSE AND SOFTWARE $28,689.00 3 $86,067.00 07/30/2026 to 07/29/2031 DR 2 HCOS-S-5-24C-PS SC//HYPERCORE - 24C-PS 5 YEAR LICENSE AND SOFTWARE $28,689.00 3 $86,067.00 07/30/2026 to 07/29/2031 Install 3 MPVRR MARKETNG DISC SOFTWARE SERVICES ADVANCED TRAINING QHAT $0.01 1 $0.01 ADTM-PROMO-20 WINDOWS/LINUX SERVERS ONLYPROMO SCALE COMPUTING MOVE $0.01 1 $0.01 QHAT SC//HYPERCORE ADVANCED TRAINING $0.01 1 $0.01 PLTFRM-REG/ ADMISSION TO SCALE COMPUTING PLATFORM 2026 SUMMIT WITH $0.01 1 $0.01 QHAT-2026 QSRN Scale Computing Node Installation Remote Support - Service - Technical - $347.00 6 $2,082.00 Electronic QIMAGE REMOTE IMAGE SERVICE SCALECARE SERVICE $1,000.00 6 $6,000.00 Subtotal: $180,216.04 * Optional Veeam Backup per Year Recurring Qty Ext. Recurring DC-VEEAM-BR- Veeam Backup & Replication Ent Plus - VM Backup Lic - Per VM-1Y. VCSP $137.28 40 $5,491.20 ENTPLUS-1Y Licensing for customer premise deployment. Also includes Veeam cloud connect server license for Offsite backup * Optional ZDNU - One-Time Subtotal: $5,491.20 Services Price Qty Ext. Price HBS-FLEX- HBSFLEX Services $44,740.80 1 $44,740.80 SERVICES Flexible Services block- Rates for services based on attached HBS FLEX Volume Service Schedule Subtotal: $44,740.80 Non-Returnable/Non-Refundable Language Lenovo Note: Customer understands that all Standard Lenovo.com purchase orders for Lenovo offers a 30 calendar day from invoice date, Lenovo Outlet purchases & Motorola products: Return window is 14 calendar days, Lenovo PRO purchases: Return window is 45 calendar days, excluding any applicable return shipping and handling fees or restocking fees. Digital software delivered electronically cannot be returned. Partial refunds or returns for bundled items or digital gaming products are not allowed. Products must be returned in their original packaging with all accessories. You must obtain a Return Merchandise Authorization (RMA) number before sending the product back. The product must be received at Lenovo’s return center within 10 calendar days of RMA issuance. A 15% restocking fee applies. Misc Note: Customer understands that all orders for Scale are final when accepted by Scale. No cancellations, returns, exchanges or refunds are allowed. Quote #411931 v1 Page: 5 of 8 Page 270 of 517 Quote Summary Amount Lenovo $282,286.50 Direct Attach Cables $205.74 Scale 5 Year Upfront $180,216.04 Services $44,740.80 Total: $507,449.08 *Optional Expenses Recurring Veeam Backup per Year $5,491.20 Optional Subtotal: $5,491.20 This Quote does not include any federal or state prevailing wage rates, unless specifically noted. If this project requires compliance with any federal or state prevailing wage laws, the customer must immediately notify Heartland in writing prior to acceptance so that Heartland can provide an updated Quote. Any modifications made after the project commencement will result in additional charges and delays. This quote may not include applicable sales tax, telecommunications taxes, shipping, handling, and delivery charges. Final applicable sales tax, telecommunications taxes, shipping, handling, and delivery charges are calculated and applied at invoice. The above prices are for hardware/software only, and do not include delivery, setup or installation by Heartland (“HBS”) unless otherwise noted. Installation by HBS is available at our regular hourly rates, or pursuant to a prepaid HBSFlex Agreement. This configuration is presented for convenience only. HBS is not responsible for typographical or other errors/omissions regarding prices or other information. Prices and configurations are subject to change without notice, and may be changed by HBS at any time up until shipment. HBS may modify or cancel this quote if the pricing is impacted by a tariff. A 20% restocking fee will be charged on any returned part. Customer is responsible for all costs associated with return of product and a $25.00 processing fee. No returns, cancellations or order changes are accepted by HBS without prior written approval. This quote and any attached agreement are not subject to termination without cause or for convenience. This quote expressly limits acceptance to the terms of this quote, and HBS disclaims any additional terms. Customer may issue a purchase order for administrative purposes only. By providing your “E- Signature,” you acknowledge that your electronic signature is the legal equivalent of your manual signature, and you warrant that you have express authority to execute this agreement and legally bind your organization to this proposal and all attached documents. Any purchase that the customer makes from HBS is governed by HBS’ Standard Terms and Conditions (“ST&Cs”) located at http://www.hbs.net/standard-terms-and-conditions, which are incorporated herein by reference. The ST&Cs are subject to change. When a new order is placed, the ST&Cs on the above-stated website at that time shall apply. If customer has signed HBS’ ST&Cs version 2022.v1.0 or later, or the parties have executed a current master services agreement, the signed agreement shall control over any conflicting terms in the version on the website. If a current master services agreement does not cover the purchase of products, the ST&Cs located on the website shall govern the purchase of products. Certain purchases also require customer to be bound by end user terms and conditions. A list of end user terms and conditions related to various manufacturers and vendors is set forth at https://www.hbs.net/End-User-Agreements. Any purchase that customer makes is also governed by the applicable end user terms and conditions, which are incorporated herein by reference. If customer has questions about whether end user terms and conditions apply to a purchase, customer shall contact HBS. Any order(s) that exceeds the credit limit assigned by HBS shall require upfront payment from customer in an amount determined by HBS. HBS shall make this determination at the time of the order, unless customer has previously submitted the required onboarding paperwork. In such event, HBS shall make this determination at the time of quoting. Customer shall ensure that all invoices are timely paid as stated in Section 2 of the ST&Cs, regardless of whether Customer has a financing or leasing company or other third-party issue the purchase order. In the event that a third-party issues the purchase order, Customer shall be required to sign this Quote for purposes of approving the order. QT.2026.v1.0 Acceptance Heartland Business Systems Elk River City of Paul Thon Seth Calvin Signature / Name Signature / Name Initials 05/21/2026 Date Date Quote #411931 v1 Page: 6 of 8 Page 271 of 517Regional Flex Rates - 2026 Schedule to the attached Quote between HBS and the customer (“Customer”). The parties hereby agree as follows: 1. The terms of this Schedule shall govern in the event of a conflict between the terms of the attached Quote and the terms of this Schedule. 2. Pricing. Customer agrees to pay HBS based upon the hourly rates described below. Pricing does not include applicable sales tax which will be charged at time of invoicing. HBS shall have the right to update its rates from time to time. Notwithstanding anything else contained herein, such updated rates shall be applied to any remaining amount of this prepaid HBSFLEX Agreement. 3. Prepayment. The hourly rates described below only apply to the prepaid HBSFLEX Agreement described in the attached Quote. 4. Expiration. Each HBSFLEX Agreement automatically expires 18 months after the date of invoice for that HBSFLEX Agreement. HBSFLEX Agreements may not be used to purchase products. 5. Additions. Should HBS elect, in its sole discretion, to allow the remaining funds of a previously issued HBSFLEX Agreement to be added onto a new HBSFLEX Agreement, the rate schedule below will apply to all such funds. SS.2026.V1.0 HOURLY SERVICES BILLING SCHEDULE (time is billed in 15 minute increments) Resource Work Role Hourly Rate Associate $140 Consultant / Engineer $185 Senior Consultant / Engineer $220 Lead Consultant / Engineer $245 Principal $275 Senior Principal $365 After Hours Rate - Before 8am or after 5pm CST 1.5x Base Rate - Weekends & Company Recognized Holidays On Call Pager $350 Quote #411931 v1 Page: 7 of 8 Page 272 of 517Managed Services Agreement: One Year Term (12 Months) During Onboarding, Client will be expected to provide the following information (including, but not limited to):  Remote access to managed systems(s)  Credentials to managed/monitored system(s)  IP Address of managed/monitored system(s)  Pictures and/or Network Diagram of managed system(s)  List of escalation contact(s) and authorizations  Site-specific contact information  If Client is unable to produce any of the required information, HBS can provide an engineering resource (either onsite or remote) to assist at standard T&M rates. This purchase is governed by the Managed Services Agreement located at https://www.hbs.net/managed-service-agreement, which is incorporated herein by reference.   Quote #411931 v1 Page: 8 of 8 Page 273 of 517May 22, 2026 PROPOSAL FOR CITY OF ELK RIVER SETH CALVIN Prepared By: Adam Schefers Senior Technology Advisor 320-249-5796 adam.t.schefers@marconet.com Quote Number: 216433 Page 274 of 517 SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) Friday, May 22, 2026 CITY OF ELK RIVER Seth Calvin 13065 ORONO PKWY ELK RIVER, MN 55330-5600 scalvin@elkrivermn.gov Dear Seth, Marco Technologies is pleased to present this proposal to modernize the City of Elk River’s datacenter infrastructure. Building on our successful 2020 deployment of the City’s HPE SimpliVity 380 Gen10 environment, this proposal represents a strategic evolution to a next-generation platform designed to meet the City’s growing performance, security, and reliability requirements. At the core of this modernization is the transition to the HPE SimpliVity 380 Gen11, introducing a fully all-flash storage architecture across both production and disaster recovery environments. This marks a significant advancement from the City’s current hybrid storage design. This shift to all-flash delivers measurable operational and service-level benefits:  Consistent, predictable performance All workloads operate at flash-level speed, eliminating the variability inherent in hybrid storage systems that rely on caching mechanisms.  Reduced risk during failure scenarios Faster rebuild and recovery times significantly decrease exposure during drive or node failures—an important consideration for public sector operations.  Improved application responsiveness Critical systems, databases, and user-facing services benefit from lower latency and higher throughput.  Operational simplicity By removing storage tiering and cache dependency, the environment becomes easier to manage, troubleshoot, and scale.  Performance parity between production and disaster recovery The City’s DR environment is no longer a reduced-performance fallback, but a fully capable extension of the primary datacenter. While some alternative solutions continue to rely on hybrid storage architectures that depend on caching to approximate flash performance, Marco’s proposed design delivers native, end-to-end flash performance by design—not by optimization. This ensures the City receives consistent service levels under all workload conditions, not just during optimal cache scenarios. I personally, along with the entire Marco team, appreciates the long-standing partnership with the City of Elk River and the continued opportunity to support its IT environment. We value the collaborative working relationship we have built with the City’s local IT team and enjoy working alongside them to support reliable, effective technology operations. We look forward to continuing this partnership and supporting the City’s evolving infrastructure needs. Adam Schefers Senior Technology Advisor Marco Technologies, LLC 2 Page 275 of 517 SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) IT - Datacenter Refresh Simplivity 380 -- CITY OF ELK RIVER Prepared by: Prepared for: Quote Information: Marco - Rochester CITY OF ELK RIVER Quote #: 216433 Adam Schefers 13065 ORONO PKWY Version: 7 320-249-5796 ELK RIVER, MN 55330-5600 Date Issued: 05/22/2026 adam.t.schefers@marconet.com Seth Calvin Expiration Date: 05/29/2026 763.635.1084 scalvin@elkrivermn.gov HPE Simplivity 380 G11 Description One-Time Qty Ext. One-Time HPE Virtual Rack $37.93 1 $37.93 HPE SimpliVity 380 Gen11 8SFF CTO Node $2,340.00 2 $4,680.00 INT Xeon-G 5520+ CPU for HPE $2,842.95 4 $11,371.80 HPE 64GB 2Rx4 PC5-5600B-R Smart Kit $5,407.48 32 $173,039.36 HPE DL380 Gen11 2U 8SFF x1 TM Kit $211.01 2 $422.02 HPE SimpliVity 3.84TB SATA RI BC MV SSD $7,463.75 12 $89,565.00 BCM 57414 10/25GbE 2p SFP28 Adptr $252.13 2 $504.26 HPE SR932i-p Gen11 SPDM Storage Cntlr $1,502.60 2 $3,005.20 HPE 96W Smart Stg Li-ion Batt 145mm Kit $40.82 2 $81.64 HPE DL360 Gen11 Stg Cntrl Enable Cbl Kit $9.59 2 $19.18 BCM 57414 10/25GbE 2p SFP28 OCP3 Adptr $203.55 2 $407.10 HPE 1000W FS Ti Ht Plg PS Kit $204.72 4 $818.88 HPE 2.0m 10A C13-C14 Blk Jpr Cord $12.07 4 $48.28 HPE iLO Adv 1-svr Lic 3yr Support $344.31 2 $688.62 HPE DL380/DL560 G11 2U High Perf Fan Kit $246.25 2 $492.50 HPE DL3XX G11 Intrusion cable Kit $5.52 2 $11.04 HPE DL3XX Gen11 2U Com Bezel Kit $35.27 2 $70.54 3 Page 276 of 517 SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) HPE DDR-4 DIMM Blanks Kit $13.45 2 $26.90 HPE DL38X Gen10+ 2U CMA for Rail Kit $43.60 2 $87.20 HPE NS204i-u Gen11 Ht Plg Boot Opt Dev $3,317.93 2 $6,635.86 HPE DL380/DL560 G11 High Perf 2U HS Kit $86.18 4 $344.72 HPE DL380 G11 NS204i-u Internal Cbl Kit $43.44 2 $86.88 HPE DL3XX Gen11 Easy Install Rail 3 Kit $57.19 2 $114.38 HPE DL380 Gen11 NS204i-u FIO Kit $0.04 2 $0.08 HPE SimpliVity 380 Gen11 CTO Soln Trk $1.36 2 $2.72 Include with complete system 2 HPE SimpliVity Node Trk w/Sgl Resil $1.36 2 $2.72 Include with complete system 2 HPE SimpliVity 380 Gen11 8SFF CTO Node $2,340.00 1 $2,340.00 INT Xeon-G 5520+ CPU for HPE $2,842.95 2 $5,685.90 HPE 64GB 2Rx4 PC5-5600B-R Smart Kit $5,407.48 16 $86,519.68 HPE DL380 Gen11 2U 8SFF x1 TM Kit $211.01 1 $211.01 HPE SimpliVity 3.84TB SATA RI BC MV SSD $7,463.75 8 $59,710.00 BCM 57414 10/25GbE 2p SFP28 Adptr $252.13 1 $252.13 HPE SR932i-p Gen11 SPDM Storage Cntlr $1,502.60 1 $1,502.60 HPE 96W Smart Stg Li-ion Batt 145mm Kit $40.82 1 $40.82 HPE DL360 Gen11 Stg Cntrl Enable Cbl Kit $9.59 1 $9.59 BCM 57414 10/25GbE 2p SFP28 OCP3 Adptr $203.55 1 $203.55 HPE 1000W FS Ti Ht Plg PS Kit $204.72 2 $409.44 HPE 2.0m 10A C13-C14 Blk Jpr Cord $12.07 2 $24.14 HPE iLO Adv 1-svr Lic 3yr Support $344.31 1 $344.31 HPE DL380 Gen11 8SFF Retimer/-P Cbl Kit $132.87 1 $132.87 4 Page 277 of 517 SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) HPE DL380/DL560 G11 2U High Perf Fan Kit $246.25 1 $246.25 HPE DL3XX G11 Intrusion cable Kit $5.52 1 $5.52 HPE DL3XX Gen11 2U Com Bezel Kit $35.27 1 $35.27 HPE DDR-4 DIMM Blanks Kit $13.45 1 $13.45 HPE DL38X Gen10+ 2U CMA for Rail Kit $43.60 1 $43.60 HPE NS204i-u Gen11 Ht Plg Boot Opt Dev $3,317.93 1 $3,317.93 HPE DL380/DL560 G11 High Perf 2U HS Kit $86.18 2 $172.36 HPE DL380 G11 NS204i-u Internal Cbl Kit $43.44 1 $43.44 HPE DL3XX Gen11 Easy Install Rail 3 Kit $57.19 1 $57.19 HPE DL380 Gen11 NS204i-u FIO Kit $0.04 1 $0.04 HPE SimpliVity 380 Gen11 CTO Soln Trk $1.36 1 $1.36 Include with complete system 1 HPE SimpliVity Node Trk w/Sgl Resil $1.36 1 $1.36 Include with complete system 1 HPE SVT380 Gen11 2P Low 5yr E-LTU $2,601.99 40 $104,079.60 HPE Installation and Startup Service 1 HPE Simplivity 380 HW Startup SVC $813.75 3 $2,441.25 HPE 5Y Tech Care Essential SVC 1 HPE iLO Advanced Non Blade Support $22.21 3 $66.63 HPE SVT 380 Gen11 8SFF CTO Node Support $3,473.09 3 $10,419.27 HPE SVT380 Gen11 2P 5yr E-LTU $0.51 3 $1.53 HPE Technical Installation Startup SVC 1 HPE SVT Remote SW St SVC $1,812.88 3 $5,438.64 FREIGHT-OUT CHARGE $464.73 1 $464.73 Subtotal: $576,800.27 5 Page 278 of 517 SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) Microsoft Server Licenses - Perpetual Description One-Time Qty Ext. One-Time Please note this license will require that you must have a Microsoft account prior to purchasing. Prod - Host 1 - Dual Proc - Intel 5520+ - 28x2=56Cores Windows Server 2025 Datacenter - 2 Core $846.00 28 $23,688.00 Prod - Host 2 - Dual Proc - Intel 5520+ - 28x2=56Cores Windows Server 2025 Datacenter - 2 Core $846.00 28 $23,688.00 DR - Host 1 - Dual Proc - Intel 5520+ - 28x2=56Cores Windows Server 2025 Datacenter - 2 Core $846.00 28 $23,688.00 User CALs Windows Server 2025 - 1 User CAL $50.00 200 $10,000.00 SQL Server Standard - Srv/CAL Based SQL Server 2025 Standard Edition Perpetual -1 Server License $987.00 4 $3,948.00 SQL Server 2025 - 1 User CAL $229.00 60 $13,740.00 Subtotal: $98,752.00 Professional Services Labor Description One-Time Qty Ext. One-Time Marco Professional Services - Fixed Fee - Project Management $1,424.50 1 $1,424.50 Marco Professional Services - T&M - Estimate - Progress Billed Monthly $9,600.00 1 $9,600.00 Subtotal: $11,024.50 Professional Services Engagement Agreement ABOUT THIS PROFESSIONAL SERVICES ENGAGEMENT In addition to the Professional Service Engagement Agreement located at www.marconet.com/legal/business-it-product- agreements/professional-service-engagement-agreement, the following applies to this Professional Service Engagement: ENGAGEMENT OVERVIEW - DESIRED GOALS AND OUTCOMES - CURRENT SITUATION CITY OF ELK RIVER currently has a 3+1 HPE SimpliVity 380 G10 Cluster running VMWare as the Hypervisor. They would like to move to a new 2+1 HPE SimpliVity 380 G11 Cluster running on HPE VME going forward. 6 Page 279 of 517 SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) Marco will assist with the deployment (2) Nodes as a HA Cluster along with a single DR node running HPE VME remotely. CITY OF ELK RIVER to rack and cable all (3) nodes. The solution will be configured with Direct-Attach Copper (DAC) links between the two primary nodes for storage/replication traffic, 10GB client-facing connectivity using existing DAC Cables, and the Arbiter/VME Manager service deployed on the existing device. ENGINEERING - DESCRIPTION OF SERVICES AND DELIVERABLES The following solution will be considered “in-scope” for the purposes of this engagement: Marco Systems Engineer Labor Estimate:  35-45hrs @ $240/hr Tasks: Design & Planning (Remote)  Validate final bill of materials  Review client’s IP addressing plan, VLANs, DNS, NTP, and routing for management, storage/replication, and client- facing networks Physical Setup (Client to Complete)  CITY OF ELK RIVER to Rack and cable: o Mount . (2) production nodes . (1) DR node o Connect DAC links directly between the two production nodes o Connect 10GB client-facing NICs on all three nodes to the access/distribution layer Marco Configuration (Remote)  Node bring-up & baseline: o Verify iLO/management access o Update firmware/driver baselines (BIOS, NIC, Smart Array) per best practice  SimpliVity federation & cluster: o Create federation, add two production nodes into the production cluster o Add DR node to the federation and deploy the Arbiter  Networking: o Configure dedicated networks/VLANs for management and storage/replication o Validate DAC connectivity & throughput between production nodes o Configure 10GbE client-facing networking for all three nodes  Policy & services: o Set backup policies (local and remote) . NOTES: . S2S Connectivity between the SimpliVity nodes will need to be in place prior for the S2S replication . The longer-term retention and rate of change will impact the storage needed on each of the SimpliVity nodes, additional storage may be needed or the retention reduced/offloaded 7 Page 280 of 517 SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) VM Migration (Remote/Assisted)  Marco will assist with conversion/migration of up to three (3) Windows based VM's (Expected to be on the smaller side from a storage perspective) and review the steps with the client to complete the remaining o NOTE: If Marco's assistance is desired to complete additional or assistance is needed a change order may be needed  Client will migrate all additional VMs. o Assumption: No powered-down VMs will be migrated COORDINATION - DESCRIPTION OF SERVICES AND DELIVERABLES A designated Project Manager (PM) will lead your project to ensure alignment, momentum, and successful delivery. Your PM owns the timeline, coordinates resources, manages scope and risk, and keeps all stakeholders informed. This role is key to ensuring a clear, smooth, and outcome-driven experience. What’s Included in your Marco Project: Initiation & Planning  Align on goals, scope, milestones, and success criteria  Coordinate project timeline, resources, and budget visibility  Identify and prepare for project risks Execution Oversight  Manage all workstreams and schedule accountability  Ensure clear and consistent stakeholder communication  Handle scope changes and third-party/vendor coordination, if applicable Quality & Closeout  Validate key deliverables and facilitate quality checkpoints  Drive issue resolution and surface lessons learned  Package documentation, facilitate support hand-off and wrap-up project details Optional Services (Billable)  End-user training  Custom integrations/configurations  Onsite or extended support *Certain support may be covered under a Marco Managed Services plan based on contractual agreement CLIENT RESPONSIBILITIES  To participate in project kickoff call and any additional project-related conference calls and assist in coordination and communication efforts.  To complete the unboxing, racking and cabling of the (3) SimpliVity nodes 8 Page 281 of 517 SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S)  When applicable, authorize Marco to configure remote access for post-installation support. Marco will communicate prior to any non-support ticket access.  Disposal of retired equipment is not included. Old equipment will be shut down at project close but not recycled; eWaste services may be available via Marco if required.  To migrate/convert the remaining VM's and removal of the (4) current HPE SimpliVity 380 G10 nodes  To provide all required software licenses not included as part of this PSE/SOP, rack (6U) and proper power and cooling  To provide DAC/Ethernet Cables as needed to connect the (3) SimpliVity nodes SERVICES ASSUMPTIONS, EXCLUSIONS, AND NOTES Please list any Assumptions, Exclusions, and Important Notes for the purposes of this engagement:  All work to be completed during Marco's normal business hours. Monday through Friday, 8:00AM to 5:00PM o NOTE: If after hours work is desired, labor will be billed at 1.5x Marco's normal labor rates  All work to completed remotely 9 Page 282 of 517 SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) Quote Summary - One-Time Expenses Description Amount HPE Simplivity 380 G11 $576,800.27 Microsoft Server Licenses - Perpetual $98,752.00 Professional Services Labor $11,024.50 Total: $686,576.77 Payment Options Description Payments Interval Amount One-Time Payment One-Time Payment 1 One-Time $686,576.77 Summary of Selected Payment Options Description Amount One-Time Payment: One-Time Payment 10 Page 283 of 517 SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) Approval  Client represents that it has reviewed and agrees to be legally bound by this Schedule of Products.  Client represents that it has reviewed and agrees to be legally bound by the Relationship Agreement, any Product Agreement(s) referred to herein, and applicable policy(ies) (“Terms and Conditions”) which are located at www.marconet.com/legal for the Products it is obtaining as identified in this Schedule of Products.  If the parties have negotiated changes to the Terms and Conditions that have been reduced to writing and signed by both parties, the modified version(s) of such Terms and Conditions, that have not expired or been terminated, shall replace the online version(s).  Client agrees to use electronic signatures, electronic communications, and electronic records to transact business under the above documents.  The pricing above does not include taxes. Taxes, fees and surcharges shall be paid by Client and will be shown on invoices to Client.  Payments made via credit card are subject to a 3% surcharge.  A $30 fee will be assessed for any returned payment.  Price availability is subject to change without notice at any point during or after the quotation, ordering, and fulfillment process. Marco Technologies, LLC CITY OF ELK RIVER Signature: Prepared for: Seth Calvin Name: Signature: Title: Signed by: Date: Title: Date: PO Number: Email Address: 11 Page 284 of 517 SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) Customer References Bullet Heading Winona County 202 W 3rd St Winona, MN 55987 Primary Contact: Chad Lang clang@co.winona.mn.us Current HPE SimpliVity customer. Absolute Energy 1372 State Line Rd Saint Ansgar, IA 50472-8806 Primary Contact: Tim Hauge tim.hauge@absenergy.org Current HPE SimpliVity customer. Caledonia Haulers 420 West Lincoln St Caledonia, MN 55921-1042 Primary Contact: Linda Vinson Operations Manager lindajoy@caledoniahaulers.com Current HPE SimpliVity customer. Bullet Heading 12 Page 285 of 517 Request for Action To Item Number City Council 4.19 Meeting Date Prepared By July 6, 2026 Mike Eichten, Benefits & HR Specialist Item Description Reviewed by Hire Park Maintenance Worker Cal Portner Justin Dunford Action Requested Approve, by motion, the hiring of James Luckhurst to the position of park maintenance worker, effective July 20, 2026. Background/Discussion We went to market to fill a vacant park maintenance worker position. We received 67 applications and offered interviews to 11 candidates. Following second interviews, background, and reference checks, we recommend James Luckhurst for the position. Mr. Luckhurst was a member of the Army National Guard for 7 years. Since 2015, he has been employed as a Sentence to Serve crew leader and an Adult Detention Officer for the Benton County Sheriff's Office. Mr. Luckhurst will start at step A of the IUOE Local 49 pay plan. All pay and benefits will be consistent with the union contract and city policy. Financial Impact This is a budgeted position. Mission/Policy/Goal The Elk River Mission Attachments None The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 286 of 517 Request for Action To Item Number City Council 4.20 Meeting Date Prepared By July 6, 2026 Ryan Sandhoefner, Engineering Project Manager Item Description Reviewed by Change Order 1 – 2026 Parking Lot Improvements Justin Femrite Cal Portner Justin Dunford Action Requested Approve, by motion, Change Order 1 for the 2026 Parking Lot Improvements. Background/Discussion The 2026 Downtown Parking Lot Project is partially complete, and several field conditions have required modifications to the original contract through a Change Order. Most of these changes resulted from unforeseen underground infrastructure commonly encountered in historic downtown areas. The following changes were made within the King Avenue parking lot project, resulting in a net contract increase of $39,172.53: ▪ Shift the south curb line north eight feet to provide space for the future Main Street reconstruction layout. ▪ Revised the Main Street water main connection to a wet tap, reducing construction costs while eliminating water service interruptions to nearby businesses and residents. ▪ Replaced the water service serving 309 Jackson Avenue after it was found to conflict with the proposed sanitary sewer main. ▪ An abandoned stairwell was found alongside the building on the east edge of the lot. ▪ Addressed multiple conflicts with the existing six-inch downspout drain lines encountered during sanitary sewer installation. In addition, the contract was amended to remove work at the FT Center that had previously been included on behalf of ISD 728. Since ISD 728 elected not to proceed with those improvements, this change results in a net contract decrease of $115,496.60. This reduction does not affect the city's financial obligation, as those improvements were to be funded entirely by ISD 728. Financial Impact $30,172.53 will be paid with Pavement Management funds, and the remaining $9,000 will be reimbursed by Elk River Municipal Utilities for item CO1.7. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 287 of 517Mission/Policy/Goal Meet changing needs - agile. Attachments 1. Change Order 1 - 2026 Parking Lot Improvements Page 288 of 517Page 289 of 517Engineering PM 7/1/2026 Page 290 of 517 Request for Action To Item Number City Council 7.1 Meeting Date Prepared By July 6, 2026 Zack Carlton, Community Development Director Item Description Reviewed by Easement Vacation and Final Plat: Meadowsweet Chris Leeseberg Bend Second Addition, Twin City Land Cal Portner Development Justin Dunford Action Requested Adopt, by motion, Resolution 26-48 vacating the drainage and utility easements on Lot 12, Block 2, Meadowsweet Bend, subject to the condition that the City Council approves the final plat for Meadowsweet Bend Second Addition. Adopt, by motion, Resolution 26-47 approving the final plat of Meadowsweet Bend Second Addition, subject to the following conditions: 1. Council approval of a Development Agreement outlining the responsibilities of the city and the developer. 2. A Letter of Credit shall be provided to the city in the amount of I00% of the costs of the public improvements. 3. Upon completion of all improvements and acceptance by the city, a security or warranty in a form acceptable to the public works director must be secured. 4. The Development Plan shall be approved by the public works director prior to the issuance of building permits. 5. Staff approval of all site, civil, and landscaping plans. 6. Park Dedication Fee will be paid at a prorated amount based on the land dedication outlined in the preliminary plat approval. 7. Any item or condition found that indicates the site is likely to yield information important to prehistory or history shall be reported to the city immediately. Further, the city reserves the right to stop work authorized for its approval until the site is appropriately investigated and work is authorized. 8. A sanitary sewer extension fee of $9,030/lot shall be paid at the time of platting. 9. The city must review the HOA documents regarding the long-term maintenance plan for the private sanitary service. 10. The easement vacation for Lot 12, Block 2, Meadowsweet Bend must be approved by the City Council and recorded prior to the final plat. Approve, by motion, the development agreement for Meadowsweet Bend Second Addition, and authorize staff to make non-substantive changes as required. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 291 of 517 Background/Discussion The preliminary plat of Meadowsweet Bend was approved on September 16, 2024, and included I04 single family lots. All lots will be served by a privately owned and maintained sewer system, which will connect to the public system near the intersection of Joplin Street and County Road 33. The developer will pay a sanitary sewer extension fee for each parcel. The applicant, Twin City Land Development, is seeking approval of their second phase, which will plat 20 new lots and replat one lot from the first addition. Replatting the existing lot, Lot 12, Block 2, requires the vacation of existing drainage and utility easements so they do not conflict with the new parcel layout. The perimeter and wetland buffer easements will be re-established with the final plat of the second addition. Easement Vacation The easements proposed to be vacated provide the standard perimeter drainage and utility easements and a wetland buffer for Lot 12, Block 2, in the first addition of Meadowsweet Bend. If the easements were not vacated, they would conflict with the usable areas for the new lots 1 and 2, Block 2, in the proposed second addition. The realignment of the existing lot is consistent with the approved preliminary plat, the easement vacation supports the intended use of the property, and areas requiring protection with an easement will be established when the final plat for the second addition is recorded. Development Agreement The conditions for the approval of the plat include a requirement that a Development Agreement be signed and recorded. Staff drafted the attached Development Agreement outlining the costs, responsibilities, and required security in the form of a Letter of Credit. The agreement also outlines the park dedication requirements included in the preliminary plat approval. The developer has reviewed the document, and staff have included their recommended changes. Financial Impact None Mission/Policy/Goal Opportunity to live, work, and play. Support the growth and development of the community. Attachments 1. Location Map 2. Easement Vacation Written Narrative 3. Resolution 26-48: Easement Vacation Resolution 4. Final Plat 5. Civil Plans dated April 17, 2026 6. Resolution 26-47: Final Plat, Meadowsweet Bend 2nd Addition 7. Development Agreement Page 292 of 517Page 293 of 517Legal Description of Property A Written Narrative see Description of Project Narrative TCLD respectfully requests to vacate the existing DU easement boundary around Lot 12, Block 2 of Meadowsweet Bend, so that we may replat the lot into a new, larger configuration along with the second phase of the development. A new DU easement boundary consistent with city requirements will be established for this lot through the 2nd Addition Final Plat of Meadowsweet Bend (whereby the lot will become Lot 1, Block 2, 2nd Addition). Page 294 of 517 City of Elk River City Council Resolution 26-48 A Resolution of the City Council of the City of Elk River Granting a Petition to Vacate Drainage and Utility Easements on Lot 12, Block 2, Meadowsweet Bend WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks’ published and posted notice of the hearing and after mailing written notice of the hearing at least ten (10) days before the hearing to each property owner affected by the proposed vacation, the Elk River City Council has conducted a hearing to consider the vacation of drainage and utility easements legally described on the attached Exhibit “A” (“Easement”); and WHEREAS, a public hearing on said petition was held on July 6, 2026, before the City Council of the City of Elk River after published and posted notice had been given, and all persons interested were given an opportunity to be heard at the public hearing; and WHEREAS, vacation of the Easement is appropriate as the protections established with the existing easements will be replaced with the plat of Meadowsweet Bend Second Addition, and WHEREAS, the plat of Meadowsweet Bend Second Addition includes all required drainage and utility easements required by city standards. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Elk River, Minnesota, as follows: 1. The petition to vacate the drainage and utility easements, as described in Exhibit A, is hereby granted, based upon the following Findings of Fact: A. The Council finds the easement described in Exhibit A is no longer a benefit to the public as the plat of Meadowsweet Bend Second Addition will dedicate all required easements. 2. Vacation of the drainage and utility easements described in Exhibit A shall be effective at the time of recording of the necessary documents. Passed and adopted this 6th day of July 2026. John J. Dietz, Mayor ATTEST: Page 295 of 517 Justin Dunford, City Clerk EXHIBIT A Legal Description All drainage and utility easements within Lot 12, Block 2, Meadowsweet Bend, Sherburne County, Minnesota. Page 296 of 517Page 297 of 517Page 298 of 517 City of Elk River City Council Resolution 26-47 A Resolution of the City Council of the City of Elk River Granting Final Plat Approval for Meadowsweet Bend Second Addition Case No. P 26-07 WHEREAS, application has been made for final plat approval, pursuant to Section 30-374 of the Elk River City Code of Ordinances, of the property legally described on attached Exhibit A and hereinafter referred to as “the Property”; and WHEREAS, the preliminary plat of the Property was approved by the City Council on September 16, 2024; and WHEREAS, the proposed final plat is consistent with the preliminary plat as approved by the City Council; and WHEREAS, the proposed final plat complies with each of the conditions set forth by the City Council in its approval of the preliminary plat of the Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: 1. It is hereby determined by the City Council for the City of Elk River as follows: A. The proposed subdivision is consistent with Chapter 30 of the City Code of Ordinances and conforms with all its requirements. B. The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans including, but not limited to, the City’s Comprehensive Plan. C. The physical characteristics of the site, including, but not limited to, topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. D. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required herein. Page 312 of 517 E. The proposed subdivision will not cause substantial environmental damage. F. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. G. The proposed subdivision will not have an undue or adverse impact on the reasonable development of neighboring land. 2. Final plat approval is hereby granted for the Property, subject to the conditions set forth in attached Exhibit B. 3. The officers of the City are hereby authorized, once the conditions set forth in Exhibit B are met and complied with, to sign the final plat for the Property and to issue a certified copy of this Resolution giving final approval of the plat. 4. The owner of the Property is authorized to record the final plat as required by law and shall file proof of said recording with the City. No building permits will be issued for the Property until the final plat is recorded. 5. This final plat approval shall expire two years from the date of this resolution if the final plat is not recorded within that time. Passed and adopted this 6th day of July 2026. John J. Dietz, Mayor ATTEST: Justin Dunford, City Clerk Page 313 of 517 EXHIBIT A Legal Description Parcel 1: Outlot A, Meadowsweet Bend, Sherburne County, Minnesota. Parcel 2: Outlot E, Meadowsweet Bend, Sherburne County, Minnesota. Parcel 3: Outlot A, Meadowsweet Hills, Sherburne County, Minnesota. Parcel 4: Outlot D Meadowsweet Bend, Sherburne County, Minnesota. Parcel 5: Lot 12 Block 2 Meadowsweet Bend, Sherburne County, Minnesota. Abstract Property Page 314 of 517 EXHIBIT B Conditions of Approval 1. Council approval of a Development Agreement outlining the responsibilities of the city and developer. 2. A Letter of Credit shall be provided to the city in the amount of I00% of the costs of public improvements. 3. Upon completion of all improvements and acceptance by the city, a security or warranty in a form acceptable to the public works director must be secured. 4. The Development Plan shall be approved by the public works director prior to the issuance of building permits. 5. Staff approval of all site, civil, and landscaping plans. 6. Park Dedication Fee will be paid at a prorated amount based on the land dedication outlined in the preliminary plat approval. 7. Any item or condition found that indicates the site is likely to yield information important to prehistory or history shall be reported to the city immediately. Further, the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. 8. A sanitary sewer extension fee of $9,030/lot shall be paid at the time of platting. 9. The city must review the HOA documents regarding the long-term maintenance plan for the private sanitary service. 10. The easement vacation for Lot 12, Block 2, Meadowsweet Bend must be approved by the City Council and recorded prior to the final plat. Page 315 of 517 (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) MEADOWSWEET BEND SECOND ADDITION THIS DEVELOPMENT CONTRACT (the “Contract”) dated July 6, 2026, by and between the CITY OF ELK RIVER, a Minnesota municipal corporation (“City”), and TCLD-LF5 Meadowsweet, LLC (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Meadowsweet Bend Second Addition (referred to in this Contract as the "plat"). The land is situated in the County of Sherburne, State of Minnesota, and is legally described in Exhibit A. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within two years after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the necessary insurance for the Developer and its construction contractors has been received by the City, 4) the plat has been filed with the Sherburne County Recorder or Registrar of Titles’ office, and 5) all required permits are secured and a copy filed with the City Engineer. Page 316 of 517 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park dedication charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within five (5) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For five (5) years from the date of this Contract, no amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City’s Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The Subdivision shall be developed in accordance with the following plans (The Plans). The Plans shall not be attached to this Agreement. Except for Plans A, B and E, the Plans may be prepared, subject to the City Engineer’s approval, after entering into this Agreement, but before commencement of any work in the Development. The City Engineer may approve minor amendments to Plan B without City Council approval. If the Plans vary from the written terms of this Contract, the written terms shall control. The Plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan & SWPPP Plan C - Plans and Specifications for Public Improvements Page 317 of 517 Plan D – Landscape Plan Plan E – Storm water Management Plan detailing long term ownership, maintenance schedules and procedures for all stormwater facilities as required by the City’s MS4 permit Plan F – Development Plan, to include the items noted in Exhibit B. 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Storm Sewer System C. Streets D. Street Lights E. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control F. Underground Utilities G. Setting of Iron Monuments H. Surveying and Staking I. Sidewalks and/or Trails J. Retaining Walls K. Landscaping The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 30-416 of the City Code concerning erosion and drainage and Section 46-39 prohibiting grading, construction activity, and the use of power equipment on Sundays and between the hours of 9 o’clock p.m. and 6 o’clock a.m. Monday through Saturday. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project management. The Page 318 of 517 Developer’s engineer is responsible for design changes and contract administration between the Developer and the Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer’s surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 9. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Sherburne County for County Road Access and Work in County Rights-of-Way B. Minnesota Department of Health for Watermains C. MPCA NPDES Permit for Construction Activity D. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal E. DNR for Dewatering and water appropriations F. Army Corps of Engineers for construction of sedimentation ponds G. City of Elk River for Building Permits H. MCES for Sanitary Sewer Connections I. City of Elk River for Retaining Walls 10. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 11. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2026, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time Page 319 of 517 from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. No street construction will be allowed after October 15 or prior to May 15 unless approved by the City Engineer. 12. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 13. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the City’s current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days after demand by the City, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 14. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan “B”. The plan shall conform to City of Elk River specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except three (3) model home permits on lots acceptable to the Building Official), the Developer shall provide the City with an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water Page 320 of 517 treatment/infiltration basins and swales, have been constructed on public easements or land owned by the City. The “as constructed” plan shall include field verified elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as-built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as-built certificate of survey for single family lots must be submitted to verify that the final as-built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as- built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. 15. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. Page 321 of 517 16. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the public improvements lying within public easements shall become City property without further notice or action. No improvements will be accepted prior to all disturbed areas of the site being fully vegetated and functioning in accordance with the approved construction and storm water management plans. 17. CITY ENGINEERING ADMINISTRATION, CONSTRUCTION OBSERVATION AND AS-BUILT RECORD DRAWING PREPARATION. Developer shall reimburse the City for all the City’s costs and expenses incurred in the processing of the Subdivision and installation of improvements, including review of plans and construction observation and in regard to any action or event of default by Developer, resulting in any suit or proceeding at law or in equity to which the City shall become a party in reference to the Developer’s interest in the Development. Reimbursement shall be due and payable to the City within thirty (30) days following the receipt of a statement therefore. The Developer shall post a cash escrow in the amount of five percent (5%) of the estimated costs of the Improvements. This escrow will be drawn from as the project progresses to cover the City’s ongoing costs and expenses relating to administration and construction observation of the Improvements. City administration will include, but is not limited to, supervision of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Construction observation shall include full to part time inspection of all work associated with the improvements. Based on past experience it is estimated that an escrow of five percent (5%) shall be sufficient to cover the City related expenses associated with the work. Delays, change in work scope, contractor performance, etc. can all contribute to this amount not being sufficient. All City costs experienced in excess of the escrow are the responsibility of the Developer. These costs will be billed directly to the Developer and become due per the terms stated in Section 26. Upon acceptance of all completed improvements, as required by this agreement, any remaining balance will be returned to the Developer within 30 days. 18. SANITARY SEWER EXTENSION FEE. The parent parcels of the Meadowsweet Bend plat were not assessed the trunk portion of the sanitary sewer that extends along the south side of the subdivision; Page 322 of 517 therefore, this phase of development of Meadowsweet Bend is subject to a sanitary sewer extension fee calculated as follows: 20 dwelling units x $9030.00/unit = $180,600.00 The fee is due prior to releasing the final plat for recording. 19. CONSTRUCTION ACCESS. Construction traffic for grading, public utility construction, and public street construction is restricted to access the subdivision via County Road 33 (Ranch Road). No construction traffic is permitted on the adjacent local streets. 20. PARK DEDICATION. The Developer shall pay a pro-rated cash contribution of $44,882.20 in satisfaction of the City’s park dedication requirements. The charge was calculated as follows: 20 lots at $2,244.11 per lot. The pro-rated amount is calculated at 73.2% of the standard park dedication rate ($3,065.73/lot) outlined in the city’s fee schedule. The reduced amount accounts for two parcels to be dedicated to the City as partial credit for the full dedication requirement. The two parcels are identified with the city council’s approval of the preliminary plat. First, the 1.65-acre outlot along the east side of Burr Oak Park. Second, the parcel abutting the northwest corner of Burr Oak Bark, less the area encumbered by the overhead power easement, calculated at 0.74 acres. Ordinance requires a full land dedication of 8.7984 acres. The described land dedication shall occur with future plats of the Property and will then satisfy 26.8% of dedication requirements, leaving 73.2% to be satisfied with a per lot cash dedication. 21. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to insect infestation or weak bark. The minimum deciduous tree size shall be two (2) inches caliper, balled and burlapped. Evergreen trees must be at least six feet (6’) tall. The trees may not be planted in the right-of-way. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of the structure on every lot or as otherwise agreed between the City and the Developer. Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days after a home has received a certificate of occupancy. Before Page 323 of 517 a certificate of occupancy is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible for contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent (50%) of the security will be released when all the landscaping has been installed and inspected by City staff and the remaining fifty percent (50%) will be released one year after the landscaping inspection and any warranty work has been completed. 22. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Compliance with City Resolution No. 26-xx granting final plat approval and the conditions stated therein. B. The City will not assume ownership of the private sanitary system and prior to acceptance of any public improvements, the City Engineer will review the Home Owners Association (HOA) documents specific to the long-term maintenance plans and obligations related to the private sanitary sewer system. C. The Developer shall install a full cul-de-sac on the east end of 218th Ave NW and install a sign that reads “FUTURE THROUGH STREET.” D. Roadway easements for the portions of the cul-de-sac on 218th Ave NW that encroach into Lot 11, Block 1, and lots 9 and 10, Block 2 will need to be prepared and recorded after the final plat. E. Prior to releasing the final plat for recording, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and marked with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer shall post a $2,200 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 22 lots/outlots at $100.00 Page 324 of 517 per lot/outlot. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. F. The Developer shall be responsible for the cost of street light installation consistent with a street lighting plan approved by Elk River Municipal Utilities. G. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. All constructed public utilities shall be field surveyed after construction with all location, elevation, and data attributes information, deliverable to the City in an approved sub-foot accurate GIS/GPS format. H. Until the public improvements are accepted by the City or a written agreement expressly reached in advance, the Developer is responsible for snow removal and ensuring access by Emergency Response vehicles and equipment. I. All mailboxes shall be in a style and location acceptable to the Elk River Postmaster. J. The Developer shall convey to the City, prior to the final approval of plans and specifications and at no cost to the City, all permanent and temporary easements for the installation and maintenance of all public improvements determined to be necessary by the City. All such easements shall be in a recordable form acceptable to the City and contain such terms and conditions as the City may prescribe. 23. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow, or letter of credit, in the form attached hereto, from a bank ("security") for $ 376,000.00. The amount of security was calculated as follows: Page 325 of 517 CONSTRUCTION COSTS: A. Storm Sewer/Drain tile $ 0.00 B. Streets $ 232,000.00 E. Erosion Control/Stormwater Basins, Restoration, Grading Certification $144,000.00 CONSTRUCTION TOTAL $ 376,000.00 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5) business days written notice to the Developer, for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. The City’s standard specifications for utility and street construction outline procedures for security reductions. 24. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the Mayor signing the final plat: A. Park Dedication $ 44,882.20 B. City Engineering Administration $ 18,800.00 (5% of public improvement costs) C. Sewer Extension Fee $ 180,600.00 TOTAL CASH REQUIREMENTS $ 244,282.20 25. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is two years. The warranty period for underground utilities is two years and shall commence following completion Page 326 of 517 and acceptance by City Council. The two year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council. The Developer shall post maintenance bonds or a letter of credit in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds or letter of credit are furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work if the Developer fails to timely perform such work; provided the Developer is first given notice of the work in default not less than five (5) business days in advance, except that no notice is required in an emergency as determined by the City. The City’s standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. 26. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and reasonable attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Page 327 of 517 Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the Developer shall pay in full all bills submitted to it by the City prior to any reductions in the security for the development. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City sewer connection charges, and building permit fees. 27. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 28. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. Page 328 of 517 C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except three (3) model homes on lots acceptable to the Building Official where access to the model homes for emergency vehicles is provided and maintained at all times. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. In the event this Contract is recorded, upon request by Developer, the City covenants to provide a recordable Certificate of Completion within a reasonable period of time following the request, upon the completion of the work and responsibilities required herein, payment of all costs and fees required and compliance with all terms of the Contract. A release of this Contract may be provided in the same manner and subject to the same conditions as a Certificate of Completion provided there are no outstanding or ongoing obligations of Developer under the terms of this Contract. The Page 329 of 517 Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Insurance. Developer and Contractor shall provide a copy of the Development Contract to their insurance professional for verification that the certificate of insurance is in compliance with the requirements of the Development Contract. Prior to execution of the final plat, Developer and its general contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Developer and its general contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Developer and its general contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Developer and its general contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: • $500,000 – Bodily Injury by Disease per employee Page 330 of 517 • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City and (iii) shall identify the name of the plat. A copy of the endorsement must be submitted with the certificate of insurance. Developer’s and general contractor’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, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Developer’s negligence or its performance or failure to perform its obligations under this Contract. Developer’s indemnification obligation shall apply to Developer’s general contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive the completion or termination of this Contract. K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as Page 331 of 517 may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. L. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a Certificate of Completion and Release. M. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. N. Should the Developer convey any lot or lots in the Development to a third party, the City and the owner of that lot or those lots may amend this Development Contract or other city approvals or agreements for development or use of those lots without the approval or consent of the Developer or other lot owners in the Development. Private agreements between the owners of lots within the Development for shared service or access and related matters necessary for the efficient use of the Development shall be the responsibility of the lot owners and shall not bind or restrict City authority to approve applications from any lot owner in the Development. 29. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer, in care of Ben Schmidt, via certified mail at the following address: 4800 Olson Memorial Highway, Suite 100, Golden Valley, MN 55422. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Elk River City Hall, 13065 Orono Parkway, Elk River, Minnesota 55330. [The remainder of this page has been intentionally left blank. Page 332 of 517 Signature pages follow.] Page 333 of 517 CITY OF ELK RIVER BY: ___________________________________________ ______________, Mayor (SEAL) AND __________________________________________ _________________, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2_____, by ________________ and by ____________, the Mayor and City Clerk of the City of Elk River, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________________ NOTARY PUBLIC Page 334 of 517 DEVELOPER: TCLD-LF5 Meadowsweet, LLC a Minnesota limited liability company By: Benjamin Schmidt Its: President STATE OF MINNESOTA ) )ss. COUNTY OF ________ ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2026, by Benjamin Schmidt the President of TCLD-LF5 Meadowsweet, LLC, a Minnesota limited liability company, on behalf of the company. ______________________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: 651-452-5000 AMP/smt Page 335 of 517 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT TCLD-LF5 Meadowsweet, LLC, fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _____ day of ____________, 2026. ______________________________________ Benjamin Schmidt, President STATE OF MINNESOTA ) )ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of _____________, 2026, by ______________________________________________________. ________________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 AMP/smt Page 336 of 517 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 2_____. ______________________________________ ______________________________________ STATE OF MINNESOTA ) )ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2_____, by __________________________________________________________________________. ________________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 AMP/smt Page 337 of 517 CONTRACT PURCHASER CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________________, which/who has a contract purchaser's interest in all or part of the subject property, the development of which is governed by the foregoing Development Contract, hereby affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property in which there is a contract purchaser's interest. Dated this _____ day of ____________, 2_____. ______________________________________ ______________________________________ STATE OF MINNESOTA ) )ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2____, by ____________________________________________________________________________. ________________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 AMP/smt Page 338 of 517 EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Meadowsweet Bend Second Addition Parcel 1: Outlot A, Meadowsweet Bend, Sherburne County, Minnesota. Parcel 2: Outlot E, Meadowsweet Bend, Sherburne County, Minnesota. Parcel 3: Outlot A, Meadowsweet Hills, Sherburne County, Minnesota. Parcel 4: Outlot D Meadowsweet Bend, Sherburne County, Minnesota. Parcel 5: Lot 12 Block 2 Meadowsweet Bend, Sherburne County, Minnesota. Abstract Property Page 339 of 517 EXHIBIT “B” TO DEVELOPMENT CONTRACT Development Plan Requirements 1. Lot and block numbers 2. Street Names 3. Storm sewer alignment with top and invert elevations. Also Flared ends with invert elevations 4. Centerline Street elevations at 100 foot stations with high and low points 5. Centerline street percent grades 6. Cul-de-sac percent grade along curb 7. Building setback lines 8. Final Contours 9. All proposed driveway slopes 10. House pads with house style and elevations 11. Front and rear lot corner elevations 12. Spot elevations at the rear of the house pads if the drainage is to be directed around the house pad to the front 13. Typical lot detail indicating where lot and house elevations are shown to. 14. Legend with type of house styles and grade difference for garage floor to walkouts or lookouts. 15. Lot dimensions to the nearest foot 16. Typical street section 17. Drainage arrows at high points and major grade changes 18. Existing and proposed easements 19. Emergency overflows should be labeled and shown with spot elevations and drainage arrows. Emergency overflows must be established for catch basins in the street and in rear yards. Areas along rear lot lines which are below emergency overflows elevations shall be designated as drainage easement on the final plat. 20. Wetland boundaries must be accurately shown 21. Development plan must be signed by a registered Land Surveyor or Engineer. 22. All trees within the subdivision that are to be preserved shall be fenced with a snow fence at the drip line to prevent grading, compaction, or storage of equipment, debris or materials. Staff shall inspect the fencing prior to grading. Cutting of trees between April 15 and July 15 shall not be permitted. The Operator shall take other measures deemed appropriate by the Sherburne County Forester to control oakwilt, such as, but not limited to: debarking or destroying fallen diseased trees prior to April 15, not leaving roots exposed and avoiding mechanical damage on remaining trees. Page 340 of 517 [BANK LETTERHEAD] IRREVOCABLE LETTER OF CREDIT No. ___________________ Date: _________________ TO: City of Elk River 13065 Orono Parkway Elk River, Minnesota 550330 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________, 2_____, of (Name of Bank) "; b) Be signed by the City Administrator or Finance Director of the City of Elk River. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2_____. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Elk River Finance Director that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Elk River Finance Director, Elk River City Hall, 13065 Orono Parkway, Elk River, MN 55330, and is actually received by the Finance Director at least thirty (30) days prior to the renewal date. DEMAND(S) FOR PAYMENT MAY ALSO BE MADE BY FACSIMILE TRANSMISSION TO ________ OR SUCH OTHER FAX NUMBER AS (NAME OF ISSUING BANK) MAY IDENTIFY IN A WRITTEN NOTICE TO YOU. TO THE EXTENT PRESENTATION IS MADE BY FACSIMILE TRANSMISSION YOU MUST PROVIDE TELEPHONE NOTIFICATION THEREOF TO (NAME OF ISSUING BANK) AT TELEPHONE NUMBER: _________ PRIOR TO OR SIMULTANEOUSLY WITH THE SENDING OF SUCH FACSIMILE TRANSMISSION. HOWEVER, THE ABSENCE OF SUCH TELEPHONE CONFIRMATION AS DESCRIBED ABOVE DOES NOT AFFECT OUR OBLIGATION TO HONOR SUCH DRAWING, IF SUCH DRAWING IS OTHERWISE IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS IRREVOCABLE LETTER OF CREDIT. IF DEMAND FOR PAYMENT IS MADE BY FAX, PRESENTATION OF ORIGINAL DOCUMENTS IS NOT REQUIRED. OR DEMAND(S) FOR PAYMENT TO BE MADE VIA EMAIL TO _______________. PRESENTATION OF ORIGINAL DOCUMENTS IS NOT REQUIRED. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. Page 341 of 517 This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. [NAME OF BANK] BY: ____________________________________ Its ______________________________ Page 342 of 517 Request for Action To Item Number City Council 7.2 Meeting Date Prepared By July 6, 2026 Zack Carlton, Community Development Director Item Description Reviewed by Ordinance Amendment and Conditional Use Permit: Chris Leeseberg Data Center, Michael Margulies - 19178 Industrial Cal Portner Blvd NW Justin Dunford Action Requested The public hearing was opened on June 15, 2026, and continued to July 6, 2026. After receiving the presentation from city staff, the City Council should receive public comments related to the draft ordinance amendment. After receiving public comments, the Council will close the public hearing for the ordinance amendment and continue the hearing for the Conditional Use Permit Application to August 3, 2026. Direct staff, by motion, to prepare a resolution making Findings of Fact denying the request to add data centers as a conditional use in the I-1 (Light Industrial) zoning district. The motion should include specific reasons for the denial. Staff will return with this resolution on July 20, 2026. Background/Discussion The Planning Commission and City Council have both held a public hearing regarding an ordinance amendment to allow data centers in the I-1 zoning district, and a Conditional Use Permit (CUP) to allow a new data center facility at 19178 Industrial Boulevard NW. The public hearings generated a significant number of questions and comments about the applicant, project, data centers in general, and how the city would regulate or monitor these facilities. At both meetings, staff stated that they would complete additional research and coordinate with the appropriate entity to provide written responses at the June 23, 2026, Planning Commission meeting. Responses to those questions were presented to the Planning Commission on June 23, 2026, and the full Planning Commission packet is attached for review. The applicant also stated that a noise study, specific to their proposed facility at 19178 Industrial Boulevard NW, would be available for review by June 23, 2026. The completed study is also included in the attached Planning Commission packet. One resident has contacted staff with a discrepancy in the tables for existing ambient noise. The updated study, with the corrected tables, is attached. The city has also received several written comments from the public, and all the letters received as of July 1, 2026, are included for review. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 343 of 517 Planning Commission The Planning Commission continued its discussion and public hearing on June 23rd. The hearing regarding the ordinance amendment was closed, and the hearing for the CUP was continued to July 28, 2026. Staff presented the draft ordinance and reviewed public comments and their influence on the current draft. A representative from ESI, the noise consultant hired by the developer, explained the noise measurements and techniques used in the study as well as the study's conclusions. He also reviewed the challenges of the draft ordinance as it relates to state laws and the measurable standards. The city cannot adopt a specific noise standard that is above and beyond what has been established by the MPCA. As an example, the state standards specifically address dBA, but not dBC, and the city cannot establish a limit on dBC sound levels. During the public hearing, eight people spoke in opposition to the proposed ordinance. The majority of the concerns raised were related to noise and the potential for low-frequency vibrations. Additional questions regarding the potential annexation of land by the city, smells from diesel fuel tanks, and a request for more specifics on the diesel generators were also shared. A request for a moratorium on data centers was also requested. At the conclusion of the hearing, the Planning Commission discussed the ordinance and how the current and future data centers would or could be reviewed. They had concerns about allowing them in all the I-1 and I-2 zoning districts without additional standards beyond what are in the draft ordinance. The Commission was also unsure whether the ordinance went far enough to protect residents from potential noise concerns. The Planning Commission asked if data centers could be reviewed on a case-by-case basis rather than allowing them in an entire zoning district. Staff reviewed the potential to review each data center site through a separate Planned Unit Development (PUD) process. This would require both a zone change and an ordinance amendment for each facility, rather than a CUP application as the current request from the developer would allow. Nearby cities have adopted this process for data centers and Elk River could also consider a similar process, but staff noted that is not the request before the commission. The Planning Commission unanimously moved to recommend denial of the ordinance request to amend Sec. 30-1293, adding data centers as a conditional use, as they felt the request to amend the entire district left too much uncertainty. The commission also asked the city council to consider a six-month moratorium on all data center applications. Financial Impact None Mission/Policy/Goal Reflect the culture of citizens and what is important. Attachments 1. Planning Commission Memo dated June 23, 2026 2. Ordinance Amendment Narrative 3. Data Center Questions and Answers 4. Swervo Development Company Bio 5. Updated Noise Study received July 1, 2026 6. Draft Ordinance 6-23-2026 7. Map of I-1 and I-2 Zoning Districts 8. City Council Staff Report dated June 15, 2026 9. Public Comments as of 7-1-2026 Page 344 of 517 Page 345 of 517 Request for Action To Item Number Planning Commission 5.3 Meeting Date Prepared By June 23, 2026 Zack Carlton, Community Development Director Item Description Reviewed by Ordinance Amendment and Conditional Use Permit: Katie Porath Data Center, Michael Margulies - 19178 Industrial Blvd NW Action Requested The public hearing was opened, and continued, to June 23, 2026. After receiving the presentation from city staff and asking questions of staff, the commission should receive public comments related to the ordinance amendment application. After receiving public comments, the commission will close the public hearing for the ordinance amendment and continue the hearing for the Conditional Use Permit Application to July 28, 2026. The Planning Commission has two options: 1. Make changes or modifications to the draft ordinance and recommend approval of the ordinance to be considered by the City Council on July 6, 2026. 2. Recommend denial of the requested ordinance amendment. The denial must include specific reasons for the recommendation. Background/Discussion The Planning Commission and City Council have both held a public hearing regarding an ordinance amendment to allow data centers in the I-1 zoning district, and a Conditional Use Permit (CUP) to allow a new data center facility at 19178 Industrial Boulevard NW. The public hearings generated a significant number of questions and comments about the applicant, project, data centers in general, and how the city would regulate or monitor these facilities. At both meetings, staff stated that they would complete additional research and coordinate with the appropriate entity to provide written responses at the June 23, 2026, Planning Commission meeting. Responses to those questions are included with this staff report. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 346 of 517The applicant also stated that a noise study, specific to their proposed facility at 19178 Industrial Boulevard NW, would be available for review by June 23, 2026. The completed study is attached to this staff report. The city has also received a number of written comments from the public, and all the letters received as of June 18, 2026, are included for review. City Review As the applicant submitted both an ordinance amendment to add a new use to an existing zoning district, and a CUP to utilize a new facility at the same time, the two conversations have largely been discussed as one topic. However, these are two very different land use requests and should be discussed separately to ensure each is reviewed on their own merits. With that in mind, staff has notified the applicant that the Planning Commission will only be asked to make a recommendation on the ordinance amendment during the June 23, 2026, meeting. The city council will also be asked to review a draft ordinance on July 6, 2026. Action on the CUP application is scheduled for a later meeting on July 28, 2026, and will be evaluated based on an adopted ordinance. If the City Council does not adopt an ordinance allowing data centers in the I-1 district, the Planning Commission is still required to review the CUP application. However, the recommendation would be to deny, as the use is not allowed. The remainder of this memo will focus on the draft ordinance included with this staff report. Ordinance Amendment City staff have been working closely with the city attorney to draft an ordinance that attempts to address concerns raised during the public hearing. Specifically, distance from residential areas, water use and contamination, noise - from both the cooling equipment and backup generators, air pollution, and ongoing monitoring. First, the draft ordinance requires the data center facility to be at least 750 feet from any residential structure and at least 500-feet from the nearest residentially zoned property. These setbacks were established by reviewing the current data center setbacks from residential properties and peer community ordinances. The two existing data centers have more than 50 homes within 750 feet of their boundaries and are located across the road from residential zoning districts. The city receives very few complaints regarding their operation. Additionally, the proposed limits on data center size (35 MW) also limit the scope of impacts that a data center will have on the surrounding communities. Much of the concern regarding data centers has come from the very large 100 MW+ facilities that require significantly more cooling, power, and backup generation. As an example, Monticello’s ordinance has the same 500-foot setback from residential properties but could allow a facility of 500+ acres without a cap on energy uses. The energy cap would also be memorialized with an agreement with the city’s power provider, ERMU, to ensure both entities are in agreement. Second, cooling systems are required to be air-based systems that require zero consumption of water. Closed loop systems that require a cooling tower and “blow down” procedure to extract heat from the facility would not meet this standard. The draft ordinance limits the total water usage to 250,000 gallons per year. This limit serves as a check to ensure water is not used for cooling needs. Staff identified this limit by reviewing typical water usage for industrial facilities and annual water usage per employee. Page 347 of 517Third, noise generated by a data center, or any industrial operation in the city, must comply with Minnesota Pollution Control Agency (MPCA) noise standards established in Minn. Rules Ch. 7030. The draft ordinance requires a noise analysis to be completed by a third-party engineer prior to submitting the application. The specific noise study requirements described in the draft ordinance include: baseline noise levels around the facility, daytime and nighttime noise levels expected upon project completion, A-weighted(dBA) and C- weighted (dBC) comparisons, sound level monitoring and projections for multiple distances from the facility, specific noise mitigation recommendations, a post construction compliance evaluation, and annual noise monitoring. The MPCA sets noise standards that preempt local government regulations. This means that the city cannot establish standards that are more restrictive than those established under Minn. Rules Ch. 7030. Fourth, backup generators are restricted to emergency use and may only be used when the primary source of power has been interrupted or is unavailable. The draft ordinance allows routine generator testing and requires all testing to occur between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. The ordinance also grants the city authority to impose additional restrictions when testing creates unexpected impacts on adjacent communities. Most back-up generators are powered by diesel and, under the parameters of the draft ordinance, would be the most likely source for air pollution from a data center. The developer is required to work with the MPCA to verify whether an environmental review will be required. If one is required, it must be completed prior to submitting an application for approval. Documentation of the MPCA’s decision will need to be provided. Finally, the draft ordinance requires a decommissioning plan to ensure the city is not left with a facility that cannot be used for a different use in the future. This plan would need to be prepared by a qualified professional and would be binding on any future operators. Planning Commission Action In considering adoption of an ordinance to allow data centers in the I-1 and I-2 zoning districts, the Commission should consider all verbal and written testimony. Topics for the commission to review include: whether this is the appropriate zoning district, could the standards of the draft ordinance be modified to better address concerns from the public, are there any standards that have not been included but should, and does the ordinance protect the health, safety, and general welfare of the community. When considering changes to the standards, please note that the requirements must be measurable and must not conflict with state and federal rules or laws. Financial Impact None. Mission/Policy/Goal Appropriately govern in an ever-changing environment. Attachments 1. Data Center Questions and Answers 2. Updated - Draft Ordinance 6-22-2026 3. Prior Version - Draft Ordinance 6-18-2026 4. Map of I-1 and I-2 Zoning Districts 5. Swervo Development Company Bio 6. Summary Report for Data Center Noise dated Jun 16, 2026 7. Public Comments as of 6-18-2026 Page 348 of 5178. City Council Staff Report dated June 15, 2026 9. Handout - Jesse Lang 10. Presentation Page 349 of 517Legal Description of Property Proposed Ordinance Language Elk River City Code Section 30-1293(d) allows data center use as a conditional use. A Written Narrative Applicant is the contract purchaser of the 1917 8 Industrial Blvd NW (the "Property") The Property is zoned L-1 (Light Industrial). Applicant desires to use the Property for data center purposes. The Elk River Zoning Code does not have show data center as a use-- permitted, conditional or otherwise,--within the Code. Applicant seeks to amend Elk River City Code Section 30-1293(d) to add data center use as a conditional use. The Property is in a industrial setting and is completely surrounded by industrial and manfuacturing uses. The survey attached to this application shows that there is no residential use within at leat 500 feet of any boundary of the Property. Page 350 of 517Written Responses to Public Hearing Comments Regarding the Proposed Data Center at 19178 Industrial Boulevard The following questions and comments were gathered during the public hearings held by the Planning Commission on May 26, 2026, and the City Council on June 15, 2026. The responses are from research and analysis completed by city and ERMU staff and, when noted, from the applicant. 1. Who is Elk River Capital, and are they related to the proposed facilities in Monticello or Elk River Technologies, LLC (Becker)? Applicant response - Elk River Capital is a single purpose Minnesota limited liability company that will own and operate the Elk River facility. The facility will be operated under the tradename "Irongate Data Center"--which is a business name, not an entity. Elk River Capital LLC is wholly owned by Swervo Development Corporation, of which Mr. Abdul is the principal. Swervo is a Minnesota corporation based in Minneapolis and is the owner of various commercial, industrial, retail and residential projects. A short resume of recent representative Swervo projects is attached. Applicant Response - There is no connection with their organization and the proposed facilities in Monticello or Becker, and they have no connection with Elk River Technologies, LLC. Applicant Response – Those projects are in a completely different class than what is being proposed for Elk River. Becker is a 600-Megawatt facility. Monticello is 400+ megawatts. Elk River is 23—eventually, at most, 33 megawatts. It's easy to throw all these projects into the same bucket but there is virtually nothing the same about them. It's really important to make that distinction. 2. Why are multiple companies/LLCs used for the application and operation? Applicant’s response - Michael Margulies is a consultant hired by Swervo and his company is Newton RES LLC. Mr. Margulies often submits applications for Swervo under his company name to ensure he receives all notices and staff responses related to the application. Newton RES LLC is not involved beyond assisting the owner (Swervo) with the entitlements. 3. Why is Elk River Capital interested in this site? Applicant’s response - Elk River Capital is interested in the site because; (a) the building is located in an industrial area that is most appropriate to the operation of a data center; (b) the building is of a type and size that can be effectively and economically repurposed for data center purposes; (c) the current owners are going out of business and repurposing the site would result in the site continuing to be put to good use as opposed to the building being abandoned; (d) ERMU encouraged Elk River Capital to consider the site because the city has power availability and the project would benefit both the operator and the city. Page 351 of 517Written Responses to Public Hearing Comments Regarding the Proposed Data Center at 19178 Industrial Boulevard 4. If an ordinance allowing data centers passes, what would this mean for future data center construction in the city? A future data center would need to comply with the standards of the ordinance. The proposed ordinance requires a Conditional Use Permit, which requires a public hearing at the Planning Commission and City Council, along with multiple design and performance standards. A public hearing notice is required to notify property owners within 500 feet of the subject parcel. In addition to the ordinance standards, the developer is required to work with Elk River Municipal Utilities ERMU to ensure their power needs can be met. 5. What is the difference between a cloud computing data center, an edge data center, and an AI data center? Cloud computing and AI data centers generally differ in the hardware that is installed within the facility. Cloud computing facilities don’t rely on specialized computer chips. They share server space with multiple tenants and act as a digital warehouse for data. They are operated by large corporations, such as Amazon, Microsoft, Google, and Meta as well as other companies that require the storage of electronic information data. These facilities host compute, storage, and networking resources for enterprises and consumers worldwide. An edge data center is generally smaller in both size and energy needs (typically under 50 MW), located closer to end users and network hubs to reduce latency. They require less power, less transmission infrastructure, and have a smaller footprint that large cloud or AI facilities. Developer Note - A Colocation Edge Data Center refers to a data center that enables you to rent out space for your own hardware. For example, instead of using your own on-premises space for your servers, cables, networking devices, and other computing equipment, you can rent out space in a data center. A colocation edge data center involves including the servers and other equipment from numerous companies in a single data center. The hardware is often owned by the business renting the space, and the data center staff only houses it or may assist in its operation. Enterprise customers use colocation edge data centers to store their servers and other gear required for regular business operations. Colocation ensures adequate bandwidth while providing shared, secure areas in cool, controlled surroundings suited for servers. AI data centers are a purpose-built, high-density facility, and power needs generally exceed 100 MW. They are built for a single purpose and utilize specialized computer chips to process massive amounts of data. All data centers require large amounts of energy and specialized cooling systems, but AI data centers are larger, use more resources, and incorporate specialized equipment. Page 352 of 517Written Responses to Public Hearing Comments Regarding the Proposed Data Center at 19178 Industrial Boulevard The draft ordinance does not differentiate between these two types of facilities. The draft ordinance addresses the external impacts of the facility, regardless of the data processed inside. Standards limiting energy use (in coordination with ERMU), cooling equipment, footprint, and noise are applied equally to any data center application. Together, these limitations limit the size of facilities that could be developed in the city. 6. How does the proposal compare to the existing data centers in the community? The existing data centers were constructed in 2006 and 2007 with design capacities of 10 MW and 20 MW. The facilities are cloud/data storage facilities. They are approximately160,000 SF and 240,000 SF in size. The nearest residential structure is approximately 330 feet away and there are 50+ homes within 1,000 feet. The proposed facility is approximately 60,000 SF in size and has a design capacity for 33 MW of power. The nearest home is 930 feet away. 7. How does the electricity for the facility get here, how is it paid for, how will it impact the rates? will the city or ERMU need more substations? Electricity in Elk River is delivered over the Mid-continent Independent System Operator (MISO) Transmission Grid through the Great River Energy Regional Transmission Grid, to ERMU’s local distribution grid, and to the customer. MISO is one of seven independently operated, but interconnected, transmission grids across the nation. MISO buys electricity from numerous generation sources within the MISO Transmission Grid to meet the demand it receives from the electric utilities within the MISO energy market. ERMU purchases electricity from Minnesota Municipal Power Agency (MMPA), a wholesale power provider, who in turn purchases the electricity for its members through the MISO energy market. ERMU receives a monthly invoice from MMPA for its energy usage. ERMU pays the invoice using funds received from rate payers. Customer bills are based on energy usage and rate class (e.g. residential, commercial, industrial). A single large energy customer, such as a data center, has a stabilizing effect on rates. Data centers use large amounts of electricity and require a relatively small amount of infrastructure and minimal operational costs. High revenues with minimal cost stabilizes rates because overhead and operating expenses are spread across a larger volume of energy sales, reducing the cost burden on other customers. If the requested data center were to be approved, ERMU would expand an existing substation to enable the installation of a third transformer. The data center developer would be required to pay for all costs associated with the expansion and the new transformer. Page 353 of 517Written Responses to Public Hearing Comments Regarding the Proposed Data Center at 19178 Industrial Boulevard 8. What are the results of the noise study? The noise study reviewed existing ambient noise levels near the facility, the expected noise generated by the proposed chillers and generators and made recommendations for on-site noise mitigation. The study evaluated both high and low-frequency noise as well as C-weighted noise levels. The results show that with the recommended noise mitigation measures, the expected noise levels will not exceed Minnesota Pollution Control Agency (MPCA) standards for residential or industrial areas. The full noise study is attached to the June 23, 2026, Planning Commission packet, and will be provided upon request. Additionally, to ensure compliance with the state noise standards, the draft ordinance includes post-construction verification and annual verification for continued compliance. 9. Were any of the noise study tests done from the AEGIR patio? The independent third-party noise study included a receiver (spot at which noise levels are calculated) along the property line between AEGIR Brewing and the proposed data center site – location G. This is between the chillers and AEGIR. The study found that with the recommended noise mitigation, the site meets MPCA limits for commercial property. This is a higher standard than what would be required of an industrial property, which is where both operations are located. 10. What are the specifications of the diesel generators? Model, capacity, and expected annual use? How can this impact the air quality in the area? The noise study includes this information and identifies the specific generator as a 2,500 KW Cummins Diesel Generator – model DQKAN. The proposed facility would include 10 generators. The annual use would be limited to emergency/backup use only. This includes up to 100 hours for annual testing, and 400 hours for backup use. The regular testing of these generators would be limited to the hours between 8:00 a.m. and 4:00 p.m. Monday through Friday. The developer is also required to verify with the Minnesota Pollution Control Agency (MPCA) that the use of these generators does not require an environmental review. 11. How much water are you going to be using? The proposed system, and the requirements of the draft ordinance, limit the facility to standard office/business water usage. The existing facility had previously used nearly one million gallons of water at its peak operation. The draft ordinance caps water usage at 200,000 gallons per year. Water usage will be monitored annually and must be reported to the city along with the annual noise monitoring. Page 354 of 517Written Responses to Public Hearing Comments Regarding the Proposed Data Center at 19178 Industrial Boulevard 12. How does the closed loop cooling system work? What chemicals are in the system? How are potential leaks contained? How will these be filled initially and will the cooling towers require any water from the city’s water system? Is there any physical connection between the cooling towers and the municipal water system? What is a blowdown? The developer has proposed, and the draft ordinance requires closed loop cooling equipment. The specific model proposed by the developer, identified in the noise study, is a York model YVFA0459, 550 nominal ton air-cooled screw chiller. A chiller has a mechanical compression device that converts energy into compressed refrigerant by using a compressor. The compressed refrigerant is piped to a condenser that rejects the heat from the refrigerant to the atmosphere or some type of liquid coolant. The compressed refrigerant changes from a gas to a liquid in the condenser and is piped to an evaporator where it is metered or expanded in the evaporator. The expansion of the high-pressure liquid refrigeration reduces the temperature of the evaporator. The liquid to be cooled is pumped through the evaporator heat exchanger and heat is transferred to the refrigerant. The low-pressure vapor is carried back to the compressor, and the cycle begins again for the refrigerant. The coolant flows from the evaporator heat exchanger to the load where the heat is transferred to the coolant in the load heat exchanger and then returns to the evaporator to repeat the cycle. https://www.airbestpractices.com/technology/cooling-systems/six-basic-types-liquid-cooling- systems These chillers use a water-glycol mixture (similar to an automobile cooling system) that cycles through the facility to absorb heat from the servers and an R-134a refrigerant to absorb and remove heat from the water mixture. This proposed equipment does not use a cooling tower where water (from the municipal system or a well) is used to remove heat from the internal closed loop system. The glycol mix along with the refrigerant will be delivered to the site in tankers or other containers. The draft ordinance also prohibits any physical connection between the cooling/chiller equipment and the municipal water service. A “blowdown” is not utilized for a chiller but can be used for other cooling systems that rely on cooling towers and external water sources. The proposal does not include this type of equipment. 13. Will there be ongoing monitoring and enforcement if noise or environmental impacts are exceeded? The draft ordinance requires post-construction noise verification and ongoing noise monitoring. If noise levels exceed state standards, they are required to construct the necessary mitigation measures or risk losing their approval. Page 355 of 517Written Responses to Public Hearing Comments Regarding the Proposed Data Center at 19178 Industrial Boulevard 14. Are the construction jobs to build the data center going to be local? This will be up to the developer. The city does not have the legal authority to regulate the companies hired to complete the work beyond ensuring they are licensed to do the work. 15. Who is responsible for data center updates as they are supposed to last 10 years? The developer would update and maintain their facility to ensure continued operation within approved standards. Nearly every business has an uncertain life expectancy, including the business which formerly utilized the proposed site. 16. How did this get on the schedule? The applicant submitted a land use application to the city. Upon acceptance of a complete land use application, the city is required to process the request in accordance with city codes and state law. This includes required public notices and established meeting timelines. It would be illegal to ignore or refuse to process a legal application. State law mandates that the city acts and makes a formal decision to approve or deny the application within 60 days or, when additional time is needed for a complete review, the timeline can be extended to 120 days. Due to the extended review period required for the current applications, the review timeline has been extended to the full 120 days, and the city must make a formal decision by August 25, 2026. If the city did not process the applications within the required timeline, by law, they are automatically approved. 17. Which council members have been paid off? No Councilmember has received remuneration to support this application. The City of Elk River has a Conflict-of-Interest Ordinance that is more strict than state law. 18. Have the city council members signed an NDA? No member of the Elk River City Council or city staff has signed a Non-Disclosure Agreement. 19. What are the benefits to the city? As with any new commercial or industrial development, projects can contribute to the local economy through the addition of employment opportunities and an increase in the tax base. This type of development may also provide services or products that support the needs of residents and businesses. The specific benefits of each project vary depending on its size, nature, and long- term viability. Jobs created by a facility vary by industry and type. The applicant states the proposed 60,000 SF facility will create 40 jobs. A similarly sized warehouse would create between 30 and 40 jobs. Warehouses are allowed in the same zoning district. Page 356 of 517Written Responses to Public Hearing Comments Regarding the Proposed Data Center at 19178 Industrial Boulevard Additionally, the revenue sharing program between the city and ERMU, which is in addition to property taxes, will generate a significant amount of revenue for the city. 20. What will the city do with the money? Data center operations are required to pay property taxes, the same as any other business. ERMU, as a public entity, does not pay property taxes. Instead, they pay the city an annual Payment In Lieu of Taxes (PILOT), which by mutual agreement is 5% of the revenue generated from electric use in the City of Elk River. The city uses the annual PILOT to fund portions of the General Fund, park improvements, and equipment/vehicle replacement. The current PILOT reduces the city property tax burden by approximately $1.7 million. The projected new revenue is based on estimated electric usage and the final rate. The rate has not yet been established by ERMU, but early estimates show a potential increase of $600,000 - $800,000 annually. If a data center is approved, the City Council will decide how to use the funds during the budget process. 21. Will this impact property values? Property values are determined by the Sherburne County Assessor’s Office and based on comparable land sales in the area. Residential property values near the existing data centers, which are closer than the proposed data center, have followed similar market trends that have been observed throughout the community. Page 357 of 517Swervo Development Corporation is a Minneapolis based real estate development company specializing in new developments in all sectors of the real estate market including commercial, high-rise office and mixed-use projects, industrial, multifamily and tech sectors. Since 1999 the Company has been actively engaged in all stages of the development process, including planning, design, construction and property management. It is known for its ability to develop or convert special use properties. The Company currently owns and manages several million square feet of commercial, multifamily, industrial and tech space both in the Twin Cities area and nationally. Swervo Development is known for tackling challenging and historic properties, converting them into new, functional spaces such as office buildings, event venues, and residential units while maintaining the historic character of the buildings. It has also successfully developed and constructed significant new buildings and projects in historic neighborhoods. Recent significant Swervo projects in the Twin Cities include: • Steelman Exchange—241 5th Avenue North, Minneapolis : Swervo Development developed this new ten story office development in the Minneapolis historic North Loop District. • Western Container Building—500 North 3rd Street, Minneapolis, The Company’s conversion of the 1908 55,000 square foot office and creative space development in the Minneapolis North Loop neighborhood. • Internet Exchange Building --419 North Washington, Minneapolis. Swervo Development converted this 1913 five story building located in the Minneapolis Warehouse District to 85,000 square feet of commercial office space. • The Minneapolis Armory: Swervo Development converted the historic Armory building into an 8,400 person capacity concert and event venue. • 510 Marquette Ave: The Company renovated the former Federal Reserve Bank building into a modern office space. • Shakopee Amphitheater: Swervo developed and, commencing in summer of 2026, will operate in partnership with Live Nation a 19,000-seat outdoor event venue at Canterbury Park in Shakopee. Page 358 of 517• Former YMCA building: The Company performed a major renovation, transforming the six-story, 140,000-square-foot building into modern office and retail space, creating state-of-the-art office space attracting tech startups, marketing firms, and other creative businesses. • Woodbury Gold Line Development: Swervo recently developed a 56-acre commercial and entertainment project at the intersection of Highways 494 and 94 in Woodbury. The project features a newly opened Topgolf facility, a Main Event entertainment venue, along with a residential and fitness center properties currently in development. • Uptown Theater: The Company redeveloped the vintage theater into a 1,600-seat entertainment venue, successfully preserving a historic designated property. • The Penhurst Collective: Swervo converted a former 1950s Bryn Mawr neighborhood office building into a 109-unit apartment complex by adding three stories, all as part of multi-phase residential project including senior living, apartment, and townhome units. • The Max: Swervo’s conversion of The Max Minneapolis, located in the Prospect Park neighborhood of Minneapolis, involved transforming the original 1917 Maxwell Car factory into a 166-unit residential loft building. The project restored original features like brickwork and cement beams while adding modern amenities, resulting in a historic warehouse loft conversion that offers studio apartments and a modern living experience. • Woodbury Gold Line Data Center. In 2024, the Company acquired and repurposed the Hartford Building at 500 Bielenberg Drive in Woodbury into a 17.5 Mw data center. Page 359 of 517 Summary Report on Data Center Equipment Outdoor Noise Control 19178 Industrial Blvd Data Center Site Elk River, Minnesota Site Acquisition Phase June 16, 2026 Prepared for Elk River Capital, LLC 510 First Avenue North, Suite 600 Minneapolis, MN 55403 ESI Project 3205 Prepared by: Ryan L. Skoug, P.E. (OR), INCE Bd. Cert. Supporting Innovative Design Structures | Vibration | Noise | Monitoring 7831 Glenroy Road, Suite 218 | Minneapolis, MN 55439 o: +1 952.831.4646 | esi-engineering.com Page 360 of 517ESI Engineering Elk River Capital Data Center Noise Control TABLE OF CONTENTS Introduction .................................................................................................................................... iii Executive Summary ........................................................................................................................ iv Noise Control and Terminology ...................................................................................................... v Project Requirements and Conditions A. Noise Level Requirements .............................................................................................. A-1 B. Project Site Conditions ................................................................................................... B-1 Noise Analysis C. Ambient Noise Study ...................................................................................................... C-1 D. Equipment Noise Analysis .............................................................................................. D-1 Attachments A. Location 1 – Ambient Noise Monitoring Data Plots B. Location 2 – Ambient Noise Monitoring Data Plots ii Page 361 of 517ESI Engineering Elk River Capital Data Center Noise Control INTRODUCTION We understand Elk River Capital is developing the 19178 Industrial Blvd data center project in Elk River, Minnesota. Ten chillers and ten emergency power generators will be installed at the existing building (see Figure 1). All the chillers may run continuously during daytime and nighttime hours. Only one generator will ever run at a time for maintenance, and only during daytime hours. Figure 1: Rendering of the 19178 Industrial Blvd data center site with the current chiller mechanical yard and the generator intake and discharge air openings clouded. Noise from the new equipment must meet the City of Elk River and State of Minnesota (MPCA) requirements at neighboring properties. The City of Elk River is requiring the project team to provide a sound study as part of the Conditional Use Permit application. The study must include monitoring of the existing noise levels near the project site, evaluation of the new data center equipment outdoor noise levels at nearby properties, a comparison of the results to MPCA noise requirements, and a comparison of the results at residential receivers to additional low- frequency noise design goals. The following report sections provide a summary of our findings. iii Page 362 of 517ESI Engineering Elk River Capital Data Center Noise Control EXECUTIVE SUMMARY The following is a summary of the findings provided in this report: 1. Noise Requirements: Minnesota Rule 7030: Noise Pollution Control, establishes maximum allowable L10 (10th percentile, louder levels) and L50 (50th percentile, median levels) noise levels during daytime and nighttime hours based on the receiver type. The more stringent L50 requirements are 50 dBA nighttime / 60 dBA daytime at residential receivers, 60 dBA at educational receivers, 65 dBA at commercial receivers, and 75 dBA at industrial receivers. 2. Site Conditions: The 19178 Industrial Blvd data center site in Elk River is within an industrial park. There are residential receivers over 700’ to the northeast, educational receivers over 500’ to the north, the nearest commercial receiver is along the south property line, and industrial (manufacturing and street-right-of-way) properties are around the remainder of the project site. The terrain around the site is relatively flat, with only some increase in elevation to the northeast. The dominant noise sources at the data center will be the new chillers that run all the time, and the generators that only run for maintenance quarterly. 3. Ambient Noise Study and Observations: Ambient noise levels were monitored at the project site and close to nearby residential properties. The noise levels were evaluated between the 7:00 AM hours of Sunday, June 14th to Monday, June 15th. This period had low wind speeds (especially at night) and reduced traffic quantities. The measurements yielded hourly L10 and L50 sound pressure levels which were then compared to the MPCA requirements. The dominant noise source during the monitoring period was traffic noise on the adjacent County Road 1. While the traffic noise levels at the residential location did not exceed the MPCA limits during the daytime hours and most of the nighttime hours, noise from trains and vehicular traffic did exceed the limits during the 4:00 AM, 5:00 AM, and 6:00 AM nighttime hours. 4. Equipment Noise Analysis: Using site layouts, site topography, and manufacturer provided sound power data for the new equipment, calculations were prepared to evaluate outdoor radiated noise from the new chillers and an emergency power generator. Noise mitigation components included barrier walls around the chillers, and sound attenuators at the generator intake air, discharge air, and combustion exhaust paths. Noise contour plots were created to show the noise levels at receiver locations within 1,000’ of the site. The analysis results show that the MPCA requirements are met at all nearby receivers. iv Page 363 of 517ESI Engineering Elk River Capital Data Center Noise Control NOISE CONTROL AND TERMINOLOGY In the United States, there is particular concern lately regarding enforcement of noise emanating from data center sites. The Minnesota Pollution Control Agency (MPCA) provides outdoor noise control guidance in their document “A Guide to Noise Control in Minnesota” (MPCA Guide). However, many municipalities and residents have questions that are beyond the scope of the MPCA Guide. The following provide answers to noise questions commonly asked by the public from the perspective of ESI noise control engineers who have experience evaluating data center sites. Noise Level Evaluation Noise levels are commonly measured with a sound level meter, which detects acoustic pressure variations in air and quantifies the variations as decibels (unit symbol dB). A young, healthy human ear can sense acoustic pressure variations between 20 Hz (very low frequency or pitch) and 20,000 Hz (very high frequency). Humans are most sensitive to sounds between 1,000 and 5,000 Hz, and less sensitive to sounds at lower and higher frequencies. To simulate the response of the human ear, sound level meters can filter the low and high frequencies of the measured pressure variations. The most common filter is called the A-weighted filter (unit symbol dBA), which adjusts levels at various frequencies to roughly match how the human ear perceives loudness (see Figure 2). Figure 2: Comparison of human hearing to common filters (MPCA Guide, Figure 4). Low-Frequency Noise Research has shown that A-weighted sound levels best match how humans typically perceive loudness. However, C-weighting (unit symbol dBC) is a second common method, which does not filter as much sound at low-frequencies (also shown in Figure 2). Since people tend to be more accepting of continuous low-frequency sound, we usually only see C-weighted levels evaluated when dealing with music bass noise transmission into sensitive living spaces. v Page 364 of 517ESI Engineering Elk River Capital Data Center Noise Control In recent months, many residents around the country have issued complaints about data center “low-frequency” noise and vibration concerns. While airborne, low-frequency sound does have the ability to produce noise-induced vibration if the amplitudes exceed minimum thresholds, we are unaware of any documented cases of data centers producing this issue at neighboring properties, and this has not been an issue for any of our other similar projects. Distance Effects Think of sound radiating away from a source near the ground as an ever-growing hemisphere into the open air. As noise travels away from a sound emitter, the sound level decreases with distance because the hemisphere is growing larger and the sound is being spread over a greater area. For every doubling of distance from the source, the noise levels are reduced by 6 dBA, as shown in Figure 3. Figure 3: Illustration of sound reduction with doubling of distance (MPCA Guide, Figure 6). Noise Source Addition One common factor for noise amplification is increasing the number of noise units or sources. Sound levels from multiple sources add logarithmically. Figure 5 illustrates who every doubling in the number of sources with the same sound level increases noise by 3 dBA (e.g., 70 dBA + 70 dBA = 73 dBA). However, sources with levels that are more than 10 dBA different do not cause an increase in the combined level (e.g., 70 dBA + 60 dBA = 70 dBA). Therefore, the combined sound from two sources will increase the total noise level by 0 and 3 dBA. Figure 4: Illustration of sound level increase with doubling in the number of sources (MPCA Guide, Figure 7). vi Page 365 of 517ESI Engineering Elk River Capital Data Center Noise Control Atmosphere / Meteorological Effects Wind speeds and direction, and temperature gradients (changes in temperature with elevation) both increase and decrease noise propagation to distant receiver locations. Within 300’ of a noise source, environmental effects like wind and temperature inversion can be ignored. At distances greater than 300’, these factors can increase or decrease sound levels. • When temperatures are cooler near the ground, and/or winds are in the direction from the noise source toward the receiver, sound is refracted1 down toward the receiver, which increases source noise levels at the receiver position (see example in Figure 5). • When temperatures are warmer near the ground, and/or winds are in the direction from the receiver toward the noise source, sound is refracted up into the atmosphere, resulting in quieter source noise levels at the receiver position. Figure 5: Acoustics Today image showing sound refraction due to temperature. Our analysis uses ANSI S12.622 standardized methods to evaluate noise attenuation with distance, which includes a conservative assumption of “meteorological conditions which are favorable for propagation from the source to that receiver [under evaluation].” However, we also include an additional 2 dB meteorological factor with our calculations, with an understanding that, “values in excess of 2 dB are exceptional.” 1 According to the Oxford dictionary, refraction is the “change in direction of propagation of any wave as a result of its traveling at different speeds at different points along the wave front.” 2 ANSI-ASA S12.62 Attenuation of sound during propagation outdoors – Part 2; General method of calculation. vii Page 366 of 517ESI Engineering Elk River Capital Data Center Noise Control Barrier and Forest Effects An engineering noise analysis should consider reflections from large flat surfaces and the barrier effect caused by walls, buildings, berms, and hills. Conversely, barrier effects produced by trees can be ignored unless there is a well-maintained, dense, evergreen forest that is more than 150’ deep. For example, per ANSI S12.62, 150’ of dense foliage reduces noise by only 2.3 dB at the 500 Hz frequency. Ambient Noise Effects Figure 6 shows how humans typically perceive changes in sound pressure levels. The MPCA requirements do not include criteria for how much change from the ambient noise levels (the background noise level that exists without the source level) is permissible. Unfortunately, because ambient noise levels are constantly changing over the course of a day, and the degree of change that is perceived as bothersome to people varies greatly, it is very complicated to develop and regulate requirements around the difference between ambient and source noise levels. Rather, the MPCA requirements provide maximum noise limits for varying receiver types, which sets an objective measure for what receivers may expect at their properties, and what producers must meet at neighboring properties. Figure 6: Comparisons between decibel and perceived changes (MPCA Guide, Figure 5). Figure 7 provides a comparison of sound pressure levels for common noises. It is especially helpful that the chart shows that “Quiet” suburban and rural nighttime levels may be around 35 dBA and 20 dBA, respectively. In ambient noise studies that we perform, these are the quietest levels that are measured. Nighttime levels typically range from 25 to 60 dBA, with average hourly levels in the 40’s and 50’s. These average levels are near the MPCA 50 dBA nighttime requirement for an L50 level at a residential receiver. In our opinion, based on project experience in many municipalities, the MPCA requirements are reasonable, and exceeding these limits would be too loud for many people. viii Page 367 of 517ESI Engineering Elk River Capital Data Center Noise Control Figure 7: Noise level comparison chart (MPCA Guide, Figure 3). Because the MPCA requirements are more stringent during nighttime hours, our analysis includes a comparison of calculated data center equipment noise levels to the nighttime noise limits. However, in general, time of day does not affect the propagation of sound. Data center equipment noise only tends to be more noticeable during nighttime hours because other sources of ambient noise are quieter and are not providing as much masking of the data center noise. ix Page 368 of 517ESI Engineering Elk River Capital Data Center Noise Control PROJECT REQUIREMENTS AND CONDITIONS The following sections provide information on noise requirements and site conditions at the existing 19178 Industrial Blvd site in Elk River, Minnesota. A. NOISE LEVEL REQUIREMENTS The following is a review of outdoor noise level requirements that apply to the 19178 Industrial Blvd site in Elk River, Minnesota based on our review of the City of Elk River Code, the State of Minnesota Rules, and other published guidelines. City of Elk River Code The Code of Ordinances for the City of Elk River has noise requirements in Chapter 46 – Nuisances. Section 46-38 – Excessive Noise, states the following: “It is declared to be a public nuisance for any person to make or assist in the making of any nuisance noise or any loud, unnecessary or unusual sound or any sound which annoys, disturbs or affects the comfort, repose, health, peace, or safety of others in the city.” Unfortunately, the City Code does not include objective limits for noise at neighboring properties. Because opinions on what noise levels are annoying will vary from person to person, it is very difficult to enforce this requirement in and of itself. State of Minnesota Rules The State of Minnesota has requirements for maximum allowable noise levels per receiving land use in Minnesota Rule 7030: Noise Pollution Control, which was prepared by the Minnesota Pollution Control Agency (MPCA). Table A-1 shows the L103 and L504 noise limits per noise area classification (NAC). In general, NAC 1 is residential and educational land use, NAC 2 is commercial, NAC 3 is industrial, and NAC 4 is undeveloped. The requirements apply to all sources of noise with few exceptions. Daytime is defined as being from 7:00 AM to 10:00 PM, and nighttime is from 10:00 PM to 7:00 AM. The requirements are to be evaluated at the point of the nearest receiver over 1 hour periods, the sound level meter must use a ‘Fast’ time- weighting response, and the sound levels must be A-weighted. 3 L10 is the sound level that is exceeded 10% of the time during a measurement period, which are the louder levels. 4 L50 is the sound level that is exceeded 50% of the time during a measurement period, or the median level. A-1 Page 369 of 517ESI Engineering Elk River Capital Data Center Noise Control Table A-1: Minnesota Rule 7030 Maximum Noise Level Requirements Noise Area Receiver Daytime (7AM - 10PM) Nighttime (10PM - 7AM) Classification Type L10 L50 L10 L50 1 Residential 65 dBA 60 dBA 55 dBA 50 dBA 2 Commercial 70 dBA 65 dBA 70 dBA 65 dBA 3 Industrial 80 dBA 75 dBA 80 dBA 75 dBA 4 Undeveloped No Limits The State of Minnesota defines what authority the MPCA has in Minnesota Statute 116.07 Powers and Duties. Subd. 2.c of this statute states the following: “The Pollution Control Agency shall also adopt standards describing the maximum levels of noise in terms of sound pressure level which may occur in the outdoor atmosphere, recognizing that due to variable factors no single standard of sound pressure is applicable to all areas of the state. … No local governing unit shall set standards describing the maximum levels of sound pressure which are more stringent than those set by the Pollution Control Agency.” Project Requirements Based on our review of the City of Elk River, State of Minnesota, and MPCA noise requirements, the following are requirements for noise that apply to the 19178 Industrial Blvd data center site: 1. The chillers will run continuously for more than 30 minutes of an hour. Therefore, the equipment must meet the more stringent L50 limits in Table A-1. 2. The chillers will operate during both daytime and nighttime hours. Therefore, noise from the chillers cannot exceed the nighttime noise level limits. 3. The generators will not be used for peak-shaving. They will only operate individually during daytime hours for maintenance runs and must meet the more stringent daytime L50 criteria. We assume emergency operation of the generators is exempt from the noise requirements. 4. The requirements cannot be any more stringent than the limits in Table A-1. 5. Noise shall be evaluated at the nearest receiver positions on the neighboring properties. 6. The following provides a summary of the land use activities that are located within 1,000’ of the data center site per the specific NAC that apply to each: a. NAC 1 – Household Units. A-2 Page 370 of 517ESI Engineering Elk River Capital Data Center Noise Control b. NAC 1 Daytime Only – Educational Services (the Meadowvale Elementary School and Creative Kids Academy nighttime limits are the same as the daytime requirements because they are not occupied, nor have people sleeping within them, during nighttime hours). c. NAC 2 – Recreational Trails, Business Services, and Restaurant (Aegir Brewery). d. NAC 3 – Manufacturing, Utilities, Transportation, and Street Right-Of-Way. e. NAC 4 – Undeveloped / Unused Land Areas. Additional Design Goals We understand the City of Elk River has asked for our evaluation to include specific and unique analysis findings for nearby residential receivers. The following is a list of the requests, along with our recommended design goals for this project. However, it should be understood that there are no MPCA requirements regarding these findings, and Minnesota Statute 116.07 does not allow for the enforcement of more stringent noise level limits than those set by the MPCA. C-Weighted Limits To evaluate the presence of loud low-frequency noise levels for this project, we will include a summary of the measured and calculated overall “dBC – dBA” levels at receiver positions. According to ASHRAE5, “When the quantity dBC – dBA is large (e.g., greater than 25 dB), significant low-frequency sound is present. It is recommended that when specifying background sound levels in dBA, the dBC is also included in the specification and does not exceed the dBA reading by more than 20 dB.” Therefore, the residential receiver low-frequency noise design goal for this project is a maximum dBC – dBA of 20 dB. The metric for measurements should be the hourly average (equivalent continuous, Leq) sound pressure level. Noise-Induced Vibration Limits Airborne, low-frequency sound inside buildings can produce noise-induced vibration if the amplitudes exceed minimum thresholds. According to ASHRAE6, indoor noise levels of more than 65 dB at 31.5 Hz, and 69 dB at 63 Hz, “are likely to generate vibration that may be perceptible. There is a slight possibility of rattles in light fixtures, doors, windows, etc.” Therefore, because residential buildings provide about 15 dB of noise reduction at these frequencies, the residential receiver 31.5 Hz and 63 Hz maximum outdoor design goals for this project are 80 dB and 84 dB, respectively, measured as hourly Leq sound pressure levels. 5 2023 ASHRAE Handbook of HVAC Applications, Chapter 49: Noise and Vibration Control, Section 2: Acoustical Design of HVAC Systems, Subsection 2.1: Receiver Considerations – Criteria Descriptions – dBA and dBC: A- and C-Weighted Sound Level. 6 2023 ASHRAE Handbook of HVAC Applications, Chapter 49: Noise and Vibration Control, Section 2: Acoustical Design of HVAC Systems, Subsection 2.1: Receiver Considerations – Criteria Descriptions, Fig. 6: Room Criterion Curves, Mark II. A-3 Page 371 of 517ESI Engineering Elk River Capital Data Center Noise Control B. PROJECT SITE CONDITIONS The data center project site is located at 19178 Industrial Blvd in Elk River, Minnesota. The existing site is zoned ‘Industrial’ and has been used for manufacturing. As shown in Figure B-1, most of the neighboring properties are type NAC 3. There are also some NAC 1 properties to the north, NAC 2 properties to the north and south, and NAC 4 properties to the west and south. While the topography in this area is relatively flat, the terrain lines in Figure B-2 show that the ground elevations slope somewhat upward to the northeast. Figure B-1: Sherburne County property map image showing the 19178 Industrial Blvd site (yellow border) with the neighboring NAC 1 (green), NAC 1 Daytime (yellow), NAC 2 (blue), NAC 3 (red), and NAC 4 (magenta) receivers highlighted. B-1 Page 372 of 517ESI Engineering Elk River Capital Data Center Noise Control Figure B-2: MNTopo aerial image showing the topography around the 19178 Industrial Blvd site. The project includes the installation of ten chillers and ten emergency power generators. As shown in Figure B-3, the chillers will be located either on the existing west rooftop or in a new mechanical yard on the south side of the building, and the generators will be housed in a room on the east side of the building. The generator room will have outdoor air intake openings through the rooftop, and cooling air discharge openings through the south wall. The generator combustion exhaust pipes will penetrate the rooftop and point straight up. B-2 Page 373 of 517ESI Engineering Elk River Capital Data Center Noise Control Figure B-3: 19178 Industrial Blvd equipment plan showing the locations of the proposed generators (red) and the chillers (yellows) at either the rooftop level or ground level. B-3 Page 374 of 517ESI Engineering Elk River Capital Data Center Noise Control NOISE ANALYSIS ESI Engineering was asked by Elk River Capital to assist with the following equipment noise control services: 1. Monitor ambient noise levels at two locations near the project site. 2. Calculate the chiller and generator noise levels at properties within 1,000’ of the 19178 Industrial Blvd site based on manufacturer provided sound data and the site conditions. The following sections summarize our findings. C. AMBIENT NOISE STUDY Noise was monitored for 24 hours at the two locations around the 19178 Industrial Blvd project site that are shown in Figure C-1. Figure C-1: Aerial image showing the noise monitoring locations. C-1 Page 375 of 517ESI Engineering Elk River Capital Data Center Noise Control The following items detail the monitoring conditions: 1. Existing HVAC – The existing building at the 19178 Industrial Blvd site has outdoor air handling units, which were operational during the noise monitoring period. 2. Location 1 – One monitoring system was located near the southeast corner of the 19178 Industrial Blvd site (Location 1 in Figure C-1, above). The monitoring equipment set up at Location 1 is shown in Figure C-2. The dominant noise source was traffic on County Road 1. Figure C-2: Photo looking south toward the Location 1 monitoring equipment. 3. Location 2 – A second monitoring system was located near the south property line of nearby residential receivers to the northeast (Location 2 in Figure C-1). While there are closer residential receiver locations to the project site, these locations were also closer to nearby roadways. We did not want to manipulate the sound data with louder traffic noise levels, and therefore selected a position that was farther from the roads to better represent ambient noise levels in nearby residential backyards. The equipment was placed along a public trail (see Figure C-2), and the microphone had direct line of site to both County Road 1 and Upland St NW. The dominant noise source was traffic on County Road 1. C-2 Page 376 of 517ESI Engineering Elk River Capital Data Center Noise Control Figure C-3: Photo looking north toward the Location 2 monitoring equipment. 4. Equipment Setup – The noise monitoring systems captured continuous noise levels between the 7:00 AM hours from Sunday, June 14 to Monday, June 15, 2026. The noise monitoring followed the State of Minnesota requirements and the MPCA guidelines. The equipment logged hourly and one-second noise levels over a 24-hour period. The system also made audio recordings at the beginning of each hour and whenever the instantaneous level exceeded a set threshold. The measured hourly noise level results at Locations 1 and 2 are provided in Tables C-1 and C-2, respectively (see Attachments A and B, respectively, for additional data plots). Each table allows for comparison of the noise level results to the applicable criteria from Section A, above, and includes the weather conditions. For any measured hourly result that exceeded the criteria, that value is shown in bold red text. Table C-1 compares the measured noise levels at the NAC 3 receiver position to the applicable MPCA requirements. Table C-2 compares the results to the criteria for an NAC 1 residential receiver, which includes the following for this project: • Overall L10 (dBA) compared to the 65 dBA daytime and 55 dBA nighttime MPCA requirements. • Overall L50 (dBA) compared to the 60 dBA daytime and 50 dBA nighttime MPCA requirements. • Overall L90 (dBA) for information purposes only. • Leq at 31.5 Hz (dB) compared to the 80 dB maximum design goal (not a requirement). • Leq at 63 Hz (dB) compared to the 84 dB maximum design goal (not a requirement). • Overall LCeq Minus Overall LAeq (dB) compared to the 20 dB maximum design goal (not a requirement). C-3 Page 377 of 517ESI Engineering Elk River Capital Data Center Noise Control Table C-1: Loc. 1 Measurement Results Compared to NAC 3 Criteria and Weather L10 Noise Level, dBA L50 Noise Level, dBA Weather Conditions Wind Date Hour Measured Criterion Measured Criterion Temp Speed Dir Condition 7:00 AM 51 47 54 °F 14 mph NNW Fair 8:00 AM 51 47 55 °F 18 mph NNW Fair 9:00 AM 52 49 59 °F 18 mph N Fair 10:00 AM 60 51 63 °F 15 mph NNW Fair 11:00 AM 55 50 64 °F 16 mph NNW Fair 12:00 PM 54 50 66 °F 17 mph NW Fair 1:00 PM 53 49 68 °F 20 mph NNW Fair Sunday, 2:00 PM 53 80 48 75 68 °F 10 mph NW Fair June 14, 3:00 PM 52 47 70 °F 14 mph NNW Fair 2026 4:00 PM 53 48 72 °F 14 mph NNW Fair 5:00 PM 51 47 72 °F 17 mph NNW Fair 6:00 PM 52 46 72 °F 9 mph WNW Fair 7:00 PM 51 44 70 °F 14 mph WNW Fair 8:00 PM 46 42 68 °F 9 mph WNW Fair 9:00 PM 47 41 64 °F 6 mph WNW Fair 10:00 PM 45 40 59 °F 0 mph CALM Mostly Cloudy 80 75 11:00 PM 47 39 57 °F 5 mph WSW Mostly Cloudy 12:00 AM 44 36 57 °F 0 mph CALM Mostly Cloudy 1:00 AM 38 35 50 °F 0 mph CALM Partly Cloudy Monday, 2:00 AM 43 36 50 °F 0 mph CALM Partly Cloudy June 15, 3:00 AM 46 80 39 75 46 °F 0 mph CALM Partly Cloudy 2026 4:00 AM 61 51 48 °F 0 mph CALM Mostly Cloudy 5:00 AM 57 51 48 °F 0 mph CALM Fair 6:00 AM 57 51 50 °F 5 mph SSW Fair Table C-2: Loc. 2 Measurement Results Compared to NAC 1 Criteria and Weather L10, dBA L50, dBA L90, dBA 31.5 Hz Leq, dB 63 Hz Leq, dB dBC-dBA, dB Weather Conditions Wind Meas- Crit- Meas- Crit- Meas- Crit- Meas- Crit- Meas- Crit- Meas- Crit- Date Hour ured erion ured erion ured erion ured erion ured erion ured erion Temp Speed Dir Condition 7:00 AM 53 49 44 49 48 8 54 °F 14 mph NNW Fair 8:00 AM 51 48 45 47 47 9 55 °F 18 mph NNW Fair 9:00 AM 53 50 46 53 51 11 59 °F 18 mph N Fair 10:00 AM 55 51 48 56 51 12 63 °F 15 mph NNW Fair 11:00 AM 56 51 48 54 51 10 64 °F 16 mph NNW Fair 12:00 PM 56 52 49 56 55 11 66 °F 17 mph NW Fair 1:00 PM 56 51 48 53 52 10 68 °F 20 mph NNW Fair Sunday, 2:00 PM 55 65 51 60 47 - 53 80 53 84 12 20 68 °F 10 mph NW Fair June 14, 3:00 PM 53 49 46 51 51 11 70 °F 14 mph NNW Fair 2026 4:00 PM 53 50 46 51 51 10 72 °F 14 mph NNW Fair 5:00 PM 53 50 46 48 51 10 72 °F 17 mph NNW Fair 6:00 PM 53 49 45 49 51 10 72 °F 9 mph WNW Fair 7:00 PM 52 47 41 46 51 11 70 °F 14 mph WNW Fair 8:00 PM 52 47 40 44 51 10 68 °F 9 mph WNW Fair 9:00 PM 52 45 39 46 50 10 64 °F 6 mph WNW Fair 10:00 PM 50 43 36 43 44 8 59 °F 0 mph CALM Mostly Cloudy 55 50 - 80 84 20 11:00 PM 50 40 34 46 47 10 57 °F 5 mph WSW Mostly Cloudy 12:00 AM 48 37 33 39 44 4 57 °F 0 mph CALM Mostly Cloudy 1:00 AM 41 35 34 37 38 8 50 °F 0 mph CALM Partly Cloudy Monday, 2:00 AM 45 36 34 46 46 10 50 °F 0 mph CALM Partly Cloudy June 15, 3:00 AM 48 55 38 50 35 - 43 80 45 84 9 20 46 °F 0 mph CALM Partly Cloudy 2026 4:00 AM 62 49 41 53 56 10 48 °F 0 mph CALM Mostly Cloudy 5:00 AM 56 52 47 51 53 8 48 °F 0 mph CALM Fair 6:00 AM 58 54 50 52 55 8 50 °F 5 mph SSW Fair C-4 Page 378 of 517ESI Engineering Elk River Capital Data Center Noise Control The following summarize the measurement results: 1. Based on a review of the audio recordings, the loudest noise events were caused by traffic on County Road 1 and trains on the railroad tracks to the south of the project site. 2. Based on a review of the hourly noise level results at ⅓ octave band frequencies, traffic produced the loudest levels in the 400 Hz to 2,000 Hz range. This noise was dominant during both daytime and nighttime hours. There was also wind noise in the 2,000 Hz to 5,000 Hz range during most of the daytime hours. Other noise sources that had less effect on the overall noise levels were bird and insect chirps. 3. Location 1 had L10 and L50 results that were all less than the limits for an NAC 3 receiver. 4. Location 2 had L10 and L50 results that were less than the limits for an NAC 1 residential receiver during all daytime hours and most nighttime hours. However, the levels exceeded the limits during the 4:00 AM, 5:00 AM, and 6:00 AM hours. Based on a review of the weather conditions, the audio recordings, and the noise level results at ⅓ octave band frequencies, the L10 exceedance during the 4:00 AM hour was caused by trains. The L10 and L50 exceedances during the 5:00 AM and 6:00 AM hours were caused by a combination of traffic on County Road 1 and trains. In summary, the dominant noise source at the project site is traffic on County Road 1, with train noise having more effect on the hourly levels during early morning hours. While most hours had L10 and L50 noise levels that were less than the MPCA limits, the levels during early morning hours at the residential receiver exceeded the limits due to increased train and traffic noise. C-5 Page 379 of 517ESI Engineering Elk River Capital Data Center Noise Control D. EQUIPMENT NOISE ANALYSIS Calculations were prepared to evaluate the new equipment noise levels within 1,000’ of the 19178 Industrial Blvd data center site. The following is a summary of design conditions used in the calculations and the calculated results. Design Conditions The following were used as baseline conditions to evaluate new equipment noise at nearby receivers: 1. MPCA noise requirements as listed in Table A-1 above. The primary limits that apply to this project are the nighttime L50 limit of 50 dBA for NAC 1 residential receivers, and the daytime/nighttime L50 limits of 60 dBA, 65 dBA, and 75 dBA for all other NAC 1, 2, and 3 receivers, respectively. 2. Maximum project design goals for NAC 1 residential receivers of 80 dB at 31.5 Hz and 84 dB at 63 Hz, as well as maximum dBC – dBA levels of 20 dB. 3. Sherburne County GIS aerial images showing the relative locations of the 19178 Industrial Blvd data center site and neighboring receiver locations. 4. Topography lines from the MNTopo website aerial images. 5. Equipment site plan received May 21, 2026. 6. York performance report for the ten model YVFA0459, 550 nominal ton air-cooled screw chillers (see Figure D-1). The top of the chillers are at 7’-11” above the ground. The York report provided unit sound power levels at each octave band frequency from 63 Hz to 8,000 Hz, which sum to an overall level of 105 dBA for the 100 % load, 101.4 °F ambient temperature condition. Based on measurement data we have for similar chillers, we assumed the chiller sound level at the 31.5 Hz octave band was equal to the level at 63 Hz. Figure D-1: York image of a model YVFA air-cooled screw chiller. D-1 Page 380 of 517ESI Engineering Elk River Capital Data Center Noise Control 7. Cummins specification sheet for the ten 2,500 kW model DQKAN diesel generator sets (see Figure D-2). Based on the sound data in the submittal from 31.5 Hz to 8,000 Hz, each genset produces overall sound power levels of 128 dBA radiated from the unit, and 133 dBA at the open exhaust. Generator noise will radiate from the outdoor air intake openings in the rooftop, the cooling air discharge openings on the east side of the building, and the combustion exhaust pipes that penetrate the rooftop and point upward. Figure D-2: Cummins image of a DQKAN diesel generator set. 8. Nine receiver locations (Locations A through I, as shown in Figure D-3) were positioned around the site to evaluate noise levels. Three locations were placed on the nearby NAC 1 residential properties, two were on NAC 1 daytime educational properties, another two were on NAC 2 business and restaurant properties, and the last two were at the nearest NAC 3 industrial and street right-of-way properties. Figure D-3: Aerial image showing the nine receiver locations for the analysis. D-2 Page 381 of 517ESI Engineering Elk River Capital Data Center Noise Control 9. The noise model calculations include the following settings: a. Calculations use ANSI S12.627 standardized methods. b. Buildings are acoustically reflective with only a 0.5 dB attenuation setting. c. Ground is acoustically reflective with a 0 dB attenuation setting. d. The meteorological factor is set at +2 dB. e. Barriers (e.g., walls, buildings, topography, etc.) only provide noise reduction if they block the line of site between the source and receiver positions. f. Noise evaluated at each octave band frequency from 31.5 Hz to 8,000 Hz. g. Maximum order of reflection set at 3 reflections. The 3D rendering in Figure D-4 shows the source, building, and receiver inputs that were included in the model. Individual sources were used for the generator intake and combustion exhaust at the rooftop, and discharge at the east wall. Two sources were used for each chiller to better represent sound across the long length of these units. Figure D-4: 3D rendering of the baseline conditions noise model showing the positions of the equipment sources (red), buildings (gray blocks), and neighboring receivers (spheres). 7 ANSI-ASA S12.62 Attenuation of sound during propagation outdoors – Part 2; General method of calculation. D-3 Page 382 of 517ESI Engineering Elk River Capital Data Center Noise Control Noise Mitigation The following provides a summary of the noise control components that will be included within the data center design documents to reduce chiller and generator noise levels at neighboring properties. Ground-Level Chillers Option If the chillers will be located in a new ground-level mechanical yard on the south side of the existing building, a U-shaped barrier will be installed around the chillers to reduce noise levels at neighboring properties. The following provide details about the barrier walls: 1. Height – The barrier walls will have a top elevation of 17’ relative to the ground (about 9’ taller than the chillers, which are about 8’ tall). 2. Air Gaps – There will not be any air gaps between the barrier walls and each other, the existing building walls, or the ground, which would allow for sound leakage. Figure D-5 shows three-sided, U-shaped barrier walls around the chillers. Figure D-5: Partial equipment plan showing the barrier wall locations. 3. Barrier Material – The barrier walls will have a minimum sound isolation rating (sound transmission class, or STC8) of STC 25. A few material options that are typically acceptable for outdoor use and can meet the STC 25 criterion are: a. Minimum 22 gauge sheet metal. b. Minimum ½” thick treated plywood or glulam wood panels. c. Precast concrete panels, masonry units (CMU), or other masonry materials. d. Minimum 4” thick foam-filled insulated metal panels. 8 Sound transmission class, or STC, is defined in ASTM standard C634-13 as, “a single-number rating calculated in accordance with Classification E413 using values of sound transmission loss. It provides an estimate of the performance of a partition in certain common sound insulation problems.” It is based on laboratory tests of wall and floor/ceiling assemblies that serve as acoustical barriers, with higher values representing better insulation. D-4 Page 383 of 517ESI Engineering Elk River Capital Data Center Noise Control 4. Sound Absorption – The sides of the three barrier walls that face the chiller yard will be covered with a sound absorption treatment to reduce reflections toward the northeast residences. The absorption treatment will not be installed on the exterior faces of the existing building walls. The selected treatment will have a minimum sound absorption rating (noise reduction coefficient, or NRC9) of NRC 0.90. The following are a few product options that can be used to meet the criteria: a. Manufactured exterior grade acoustical treatments can be applied to the hard barrier wall surfaces, such as those available from MBI, Kinetics, and Sound Seal. b. Minimum 2” thick mineral wool boards (such as those available from Thermafiber, Rockwool, Johns Manville, and others) can be pinned to the hard barrier wall surfaces. Mineral wool is regularly used for exterior applications because it allows moisture to drain, is mostly unaffected by UV light, and is mold- resistant. It will be covered with a protective facing (e.g., woven wire mesh, welded wire mesh, expanded metal, or perforated metal) with a minimum 20% open area to reduce damage and help hold the insulation in place. Rooftop-Level Chillers Option If the chillers will be located on the west rooftop of the existing building, barrier walls will be installed on all four sides of the chillers to reduce noise levels at neighboring properties. The following provide details about the barrier walls: 1. Height – The barrier walls on the north and east sides will have a top elevation of 12’ relative to the rooftop (about 4’ taller than the chillers, which are about 8’ tall) to reduce noise at the more sensitive NAC 1 receivers to the northeast. The walls on the south and west sides will have a top elevation of only 9’ relative to the rooftop to reduce noise to the nearby NAC 2 and 3 receivers in these directions without increasing reflected noise to the northeast. 2. Air Gaps – There will not be any air gaps between the barrier walls and each other, or the rooftop, that would allow for direct line-of-sight between the chillers and neighboring receiver locations. 3. Barrier Material – The barrier walls will have a minimum sound isolation rating of STC 25. Generator Noise Attenuators. 4. Sound Absorption – This option does not require the application of sound absorption treatments to reduce reflected noise from the barrier walls and meet the MPCA limits. 9 As defined in ASTM C634, “noise reduction coefficient, NRC [dimensionless], a single-number rating, the average, rounded to the nearest 0.05, of the sound absorption coefficients of a material for the four one-third octave bands at 250 Hz, 500 Hz, 1000 Hz, and 2000 Hz, inclusive, measured according to the test method described in Test Method C423.” Higher NRC values represent better sound absorption. D-5 Page 384 of 517ESI Engineering Elk River Capital Data Center Noise Control Generator Noise Attenuators The following provide details for the sound attenuators that will be installed at each generator outdoor air intake, cooling air discharge, and combustion exhaust outlet to reduce noise transmission through these paths: 1. Intake and Discharge Path Silencers – Silencers will be installed at all outdoor air intake and cooling air discharge openings. Figure D-6 shows silencers by Commercial Acoustics that were built for generator noise control. Table D-1 shows the minimum sound insertion loss that will be provided by the intake / discharge silencers. Silencers by other manufacturers (e.g., IAC Acoustics, Kinetics Noise Control, VAW Systems, Vibro-Acoustics, etc.) can also be considered. Figure D-6: Commercial Acoustics photos showing generator noise control silencers. Table D-1: Minimum Silencer Sound Insertion Loss Minimum Sound Insertion Loss (dB) per 1/1 Octave Band Frequency (Hz) Path 31.5 63 125 250 500 1k 2k 4k 8k Intake/Discharge 0 7 12 17 20 20 20 15 10 Exhaust 10 20 30 30 30 25 25 20 10 2. Combustion Exhaust Silencers – Each generator will have a combustion exhaust silencer. The selected silencer will provide the minimum sound insertion loss values that are shown in Table D-1. The ‘Critical grade exhaust silencer’ that is listed under the ‘Generator set options and accessories’ section of the “Cummins specification sheet” may provide the minimum sound insertion loss. Silencers by other manufacturers (e.g., GT Silex, Harco, Miratech, etc.) can also be considered. D-6 Page 385 of 517ESI Engineering Elk River Capital Data Center Noise Control Calculation Results Based on these conditions, calculations were prepared to evaluate the 19178 Industrial Blvd data center equipment noise at neighboring receivers. Table D-2 provides a summary of the overall calculation results at each receiver location compared to the MPCA requirements. The results show the maximum levels that were calculated with the chillers either located on the rooftop or at the ground-level mechanical yard. Figures D-7 through D-10 show noise contour plots for the chillers only and chillers with one generator conditions. Each figure provides the analysis results at all properties within 1000’ of the project site. The results show that both the chiller and generator noise levels meet the MPCA limits at all neighboring properties. Table D-2: Maximum Equipment Outdoor Noise Analysis Results vs. MPCA Requirements Receiver Chillers Only Chillers and One Genset Reciever Type Calculated Noise Nighttime Limit Calculated Noise Daytime Limit Location A 47 dBA 49 dBA Location B NAC 1 46 dBA 50 dBA 53 dBA 60 dBA Location C 47 dBA 56 dBA Location D NAC 1 51 dBA 60 dBA 60 dBA 60 dBA Location E Day Only 50 dBA 56 dBA Location F 53 dBA 57 dBA NAC 2 65 dBA 65 dBA Location G 63 dBA 63 dBA Location H 58 dBA 65 dBA NAC 3 75 dBA 75 dBA Location I 49 dBA 72 dBA Notes: Green - Meets Noise Requirement Red - Exceeds Noise Requirement D-7 Page 386 of 517ESI Engineering Elk River Capital Data Center Noise Control NOISE LEVEL KEY dBA < 85 dBA < 80 dBA < 75 dBA < 70 dBA < 65 dBA < 60 dBA < 55 dBA < 50 dBA < 45 dBA < 40 dBA < 35 dBA U-Shaped 17' Tall Barrier Wall Location with Absorption on Interior (Chiller) Side Figure D-7: Noise contour plot showing the chillers only (ground-level option) noise levels at neighboring properties. D-8 Page 387 of 517ESI Engineering Elk River Capital Data Center Noise Control NOISE LEVEL KEY dBA 9' Tall Barrier Walls < 85 dBA on West & South < 80 dBA Sides of Rooftop < 75 dBA < 70 dBA < 65 dBA < 60 dBA < 55 dBA < 50 dBA < 45 dBA < 40 dBA < 35 dBA 12' Tall Barrier Walls on North & East Sides of Rooftop Figure D-8: Noise contour plot showing the chillers only (rooftop-level option) noise levels at neighboring properties. D-9 Page 388 of 517ESI Engineering Elk River Capital Data Center Noise Control NOISE LEVEL KEY dBA < 85 dBA < 80 dBA < 75 dBA < 70 dBA < 65 dBA < 60 dBA < 55 dBA < 50 dBA < 45 dBA < 40 dBA < 35 dBA U-Shaped 17' Tall Barrier Wall Location with Absorption on Interior (Chiller) Side Figure D-9: Noise contour plot showing the combined chillers (ground-level option) and one emergency generator noise levels at neighboring receiver locations. D-10 Page 389 of 517ESI Engineering Elk River Capital Data Center Noise Control NOISE LEVEL KEY dBA 9' Tall Barrier Walls < 85 dBA on West & South < 80 dBA Sides of Rooftop < 75 dBA < 70 dBA < 65 dBA < 60 dBA < 55 dBA < 50 dBA < 45 dBA < 40 dBA < 35 dBA 12' Tall Barrier Walls on North & East Sides of Rooftop Figure D-10: Noise contour plot showing the combined chillers (rooftop-level option) and one emergency generator noise levels at neighboring receiver locations. D-11 Page 390 of 517ESI Engineering Elk River Capital Data Center Noise Control Table D-3 provides a summary of the maximum calculated low-frequency noise level results at each of the evaluated residential receiver locations compared to the extra project design goals. Table D-3: Equipment Outdoor Low-Frequency Noise Analysis Results vs. Design Goals Chillers Only Chillers and One Genset Reciever 31.5 Hz 63 Hz dBC - dBA 31.5 Hz 63 Hz dBC - dBA Location A 46 dB 45 dB 5 dB 63 dB 62 dB 16 dB Location B 46 dB 45 dB 5 dB 67 dB 68 dB 18 dB Location C 48 dB 48 dB 5 dB 70 dB 71 dB 17 dB Max. Design Goal 80 dB 84 dB 20 dB 80 dB 84 dB 20 dB Notes: Green - Meets Noise Design Goal Red - Exceeds Noise Design Goal The results show that the 19178 Industrial Blvd data center equipment noise levels meet the MPCA requirements, and the extra project design goals, at all nearby receiver positions. No additional mitigation is necessary. D-12 Page 391 of 517ESI Engineering Elk River Capital Data Center Noise Control ATTACHMENTS A. LOCATION 1 – AMBIENT NOISE MONITORING DATA PLOTS JUNE 14 TO 15, 2026 19178 INDUSTRIAL BLVD DATA CENTER NOISE CONTROL Page 392 of 517 Acoustic Test Results Minneapolis, Minnesota | o: 952.831.4646 | esi-engineering.com Project No: P3205 Analyzer: Larson Davis 831C s/n 10668 Project: Elk River Capital - Data Center Noise Preamplifier: Larson Davis PRM2103 s/n 002165 Location: Elk River, Minnesota Microphone: Larson Davis 377B02 s/n 346652 Engineer: R.L. Skoug & A.A.J. Schmitt Calibrator: Larson Davis CAL200 s/n 18980 Last Calibrated: March 20, 2026 Location: Location 1 Meteorology: Temperature: 46 - 72 °F Date: 6/14/2026 to 6/15/2026 Wind Speed / Dir.: 0 - 20 MPH / Varies Start Time: 7:00:00 AM Humidity: 29 - 93% End Time: 7:00:00 AM Calibration Check: Calibration Frequency: 1 kHz Run Time: 86400.0 seconds Initial Calibration: 93.9 dB Final Calibration: 93.9 dB Measurements: Sunday the 14th 7AM to Monday the 15th 7AM Last Cal. Check: 6/15/26 @ 9:43 AM One Second and Hourly Ambient Noise Levels A-Weighted Results 26061400.LD0.s - LAF 26061400.LD0.s - LN10 26061400.LD0.s - LN50 90 4:00:00 AM 67.5 dBA dB 61.3 dBA 51.4 dBA 80 70 60 50 Sound Pressure Level, dBA re. 20 µPa 40 30 7:00:00 AM 10:00:00 AM 1:00:00 PM 4:00:00 PM 7:00:00 PM 10:00:00 PM 1:00:00 AM 4:00:00 AM 7:00:00 AM Time, h.m.s AM/PM Noise Monitoring Measured Hourly L10 Data Time L10Time L10Time L10Time L10 7:00:00 AM 51 dBA 1:00:00 PM 53 dBA 7:00:00 PM 51 dBA 1:00:00 AM 38 dBA 8:00:00 AM 51 dBA 2:00:00 PM 53 dBA 8:00:00 PM 46 dBA 2:00:00 AM 43 dBA 9:00:00 AM 52 dBA 3:00:00 PM 52 dBA 9:00:00 PM 47 dBA 3:00:00 AM 46 dBA 10:00:00 AM 60 dBA 4:00:00 PM 53 dBA 10:00:00 PM 45 dBA 4:00:00 AM 61 dBA 11:00:00 AM 55 dBA 5:00:00 PM 51 dBA 11:00:00 PM 47 dBA 5:00:00 AM 57 dBA 12:00:00 PM 54 dBA 6:00:00 PM 52 dBA 12:00:00 AM 44 dBA 6:00:00 AM 57 dBA Noise Monitoring Measured Hourly L50 Data Time L50Time L50Time L50Time L50 7:00:00 AM 47 dBA 1:00:00 PM 49 dBA 7:00:00 PM 44 dBA 1:00:00 AM 35 dBA 8:00:00 AM 47 dBA 2:00:00 PM 48 dBA 8:00:00 PM 42 dBA 2:00:00 AM 36 dBA 9:00:00 AM 49 dBA 3:00:00 PM 47 dBA 9:00:00 PM 41 dBA 3:00:00 AM 39 dBA 10:00:00 AM 51 dBA 4:00:00 PM 48 dBA 10:00:00 PM 40 dBA 4:00:00 AM 51 dBA 11:00:00 AM 50 dBA 5:00:00 PM 47 dBA 11:00:00 PM 39 dBA 5:00:00 AM 51 dBA 12:00:00 PM 50 dBA 6:00:00 PM 46 dBA 12:00:00 AM 36 dBA 6:00:00 AM 51 dBA Figure A1 Page 393 of 517ESI Engineering Elk River Capital Data Center Noise Control B. LOCATION 2 – AMBIENT NOISE MONITORING DATA PLOTS JUNE 14 TO 15, 2026 19178 INDUSTRIAL BLVD DATA CENTER NOISE CONTROL Page 394 of 517 Acoustic Test Results Minneapolis, Minnesota | o: 952.831.4646 | esi-engineering.com Project No: P3205 Analyzer: Larson Davis 831C s/n 12346 Project: Elk River Capital - Data Center Noise Preamplifier: Larson Davis PRM2103 s/n 002227 Location: Elk River, Minnesota Microphone: Larson Davis 377B02 s/n 353605 Engineer: R.L. Skoug & A.A.J. Schmitt Calibrator: Larson Davis CAL200 s/n 18980 Last Calibrated: March 10, 2026 Location: Location 2 Meteorology: Temperature: 46 - 72 °F Date: 6/14/2026 Wind Speed / Dir.: 0 - 20 MPH / Varies Start Time: 7:00:00 AM Humidity: 29 - 93% End Time: 7:00:02 AM Calibration Check: Calibration Frequency: 1 kHz Run Time: 86402.0 seconds Initial Calibration: 94.0 dB Final Calibration: 94.0 dB Measurements: Sunday the 14th to Monday the 15th Last Cal. Check: 6/15/26 @ 9:58 AM One Second and Hourly Ambient Noise Levels A-Weighted Results 26061400.LD0.s - LAF 26061400.LD0.s - LN10 26061400.LD0.s - LN50 90 4:00:00 AM 66.7 dBA dB 61.9 dBA 48.8 dBA 80 70 60 50 Sound Pressure Level, dBA re. 20 µPa 40 30 7:00:00 AM 10:00:00 AM 1:00:00 PM 4:00:00 PM 7:00:00 PM 10:00:00 PM 1:00:00 AM 4:00:00 AM 7:00:00 AM Time, h.m.s AM/PM Noise Monitoring Measured Hourly L10 Data Time L10Time L10Time L10Time L10 7:00:00 AM 53 dBA 1:00:00 PM 56 dBA 7:00:00 PM 52 dBA 1:00:00 AM 41 dBA 8:00:00 AM 51 dBA 2:00:00 PM 55 dBA 8:00:00 PM 52 dBA 2:00:00 AM 45 dBA 9:00:00 AM 53 dBA 3:00:00 PM 53 dBA 9:00:00 PM 52 dBA 3:00:00 AM 48 dBA 10:00:00 AM 55 dBA 4:00:00 PM 53 dBA 10:00:00 PM 50 dBA 4:00:00 AM 62 dBA 11:00:00 AM 56 dBA 5:00:00 PM 53 dBA 11:00:00 PM 50 dBA 5:00:00 AM 56 dBA 12:00:00 PM 56 dBA 6:00:00 PM 53 dBA 12:00:00 AM 48 dBA 6:00:00 AM 58 dBA Noise Monitoring Measured Hourly L50 Data Time L50Time L50Time L50Time L50 7:00:00 AM 49 dBA 1:00:00 PM 51 dBA 7:00:00 PM 47 dBA 1:00:00 AM 35 dBA 8:00:00 AM 48 dBA 2:00:00 PM 51 dBA 8:00:00 PM 47 dBA 2:00:00 AM 36 dBA 9:00:00 AM 50 dBA 3:00:00 PM 49 dBA 9:00:00 PM 45 dBA 3:00:00 AM 38 dBA 10:00:00 AM 51 dBA 4:00:00 PM 50 dBA 10:00:00 PM 43 dBA 4:00:00 AM 49 dBA 11:00:00 AM 51 dBA 5:00:00 PM 50 dBA 11:00:00 PM 40 dBA 5:00:00 AM 52 dBA 12:00:00 PM 52 dBA 6:00:00 PM 49 dBA 12:00:00 AM 37 dBA 6:00:00 AM 54 dBA Figure B1 Page 395 of 517 Acoustic Test Results Minneapolis, Minnesota | o: 952.831.4646 | esi-engineering.com Project No: P3205 Analyzer: Larson Davis 831C s/n 12346 Project: Elk River Capital - Data Center Noise Preamplifier: Larson Davis PRM2103 s/n 002227 Location: Elk River, Minnesota Microphone: Larson Davis 377B02 s/n 353605 Engineer: R.L. Skoug & A.A.J. Schmitt Calibrator: Larson Davis CAL200 s/n 18980 Last Calibrated: March 10, 2026 Location: Location 2 Meteorology: Temperature: 46 - 72 °F Date: 6/14/2026 Wind Speed / Dir.: 0 - 20 MPH / Varies Start Time: 7:00:00 AM Humidity: 29 - 93% End Time: 7:00:02 AM Calibration Check: Calibration Frequency: 1 kHz Run Time: 86402.0 seconds Initial Calibration: 94.0 dB Final Calibration: 94.0 dB Measurements: Sunday the 14th to Monday the 15th Last Cal. Check: 6/15/26 @ 9:58 AM One Second and Hourly Ambient Noise Levels A-Weighted Results 26061400.LD0.s - LAF 26061400.LD0.s - LN90 90 4:00:00 AM 66.7 dBA 40.5 dBA dB 80 70 60 50 Sound Pressure Level, dBA re. 20 µPa 40 30 7:00:00 AM 10:00:00 AM 1:00:00 PM 4:00:00 PM 7:00:00 PM 10:00:00 PM 1:00:00 AM 4:00:00 AM 7:00:00 AM Time, h.m.s AM/PM Noise Monitoring Measured Hourly L90 Data Time L90Time L90Time L90Time L90 7:00:00 AM 44 dBA 1:00:00 PM 48 dBA 7:00:00 PM 41 dBA 1:00:00 AM 34 dBA 8:00:00 AM 45 dBA 2:00:00 PM 47 dBA 8:00:00 PM 40 dBA 2:00:00 AM 34 dBA 9:00:00 AM 46 dBA 3:00:00 PM 46 dBA 9:00:00 PM 39 dBA 3:00:00 AM 35 dBA 10:00:00 AM 48 dBA 4:00:00 PM 46 dBA 10:00:00 PM 36 dBA 4:00:00 AM 41 dBA 11:00:00 AM 48 dBA 5:00:00 PM 46 dBA 11:00:00 PM 34 dBA 5:00:00 AM 47 dBA 12:00:00 PM 49 dBA 6:00:00 PM 45 dBA 12:00:00 AM 33 dBA 6:00:00 AM 50 dBA Figure B2 Page 396 of 517 Acoustic Test Results Minneapolis, Minnesota | o: 952.831.4646 | esi-engineering.com Project No: P3205 Analyzer: Larson Davis 831C s/n 12346 Project: Elk River Capital - Data Center Noise Preamplifier: Larson Davis PRM2103 s/n 002227 Location: Elk River, Minnesota Microphone: Larson Davis 377B02 s/n 353605 Engineer: R.L. Skoug & A.A.J. Schmitt Calibrator: Larson Davis CAL200 s/n 18980 Last Calibrated: March 10, 2026 Location: Location 2 Meteorology: Temperature: 46 - 72 °F Date: 6/14/2026 Wind Speed / Dir.: 0 - 20 MPH / Varies Start Time: 7:00:00 AM Humidity: 29 - 93% End Time: 7:00:02 AM Calibration Check: Calibration Frequency: 1 kHz Run Time: 86402.0 seconds Initial Calibration: 94.0 dB Final Calibration: 94.0 dB Measurements: Sunday the 14th to Monday the 15th Last Cal. Check: 6/15/26 @ 9:58 AM One Second and Hourly Ambient Noise Levels A-Weighted, and Linear Octave Band, Results 26061400.LD0.s - LAeq 26061400.LD0.s - 31.5 Hz - Linear 26061400.LD0.s - 63 Hz - Linear 90 4:00:00 AM 66.5 dBA dB 53.1 dBA 55.7 dBA 80 70 60 50 Sound Pressure Level, dBA re. 20 µPa 40 30 7:00:00 AM 10:00:00 AM 1:00:00 PM 4:00:00 PM 7:00:00 PM 10:00:00 PM 1:00:00 AM 4:00:00 AM 7:00:00 AM Time, h.m.s AM/PM Noise Monitoring Measured Hourly 31.5 Hz Data Time 31.5 HzTime 31.5 HzTime 31.5 HzTime 31.5 Hz 7:00:00 AM 49 dB 1:00:00 PM 53 dB 7:00:00 PM 46 dB 1:00:00 AM 37 dB 8:00:00 AM 47 dB 2:00:00 PM 53 dB 8:00:00 PM 44 dB 2:00:00 AM 46 dB 9:00:00 AM 53 dB 3:00:00 PM 51 dB 9:00:00 PM 46 dB 3:00:00 AM 43 dB 10:00:00 AM 56 dB 4:00:00 PM 51 dB 10:00:00 PM 43 dB 4:00:00 AM 53 dB 11:00:00 AM 54 dB 5:00:00 PM 48 dB 11:00:00 PM 46 dB 5:00:00 AM 51 dB 12:00:00 PM 56 dB 6:00:00 PM 49 dB 12:00:00 AM 39 dB 6:00:00 AM 52 dB Noise Monitoring Measured Hourly 63 Hz Data Time 63 HzTime 63 HzTime 63 HzTime 63 Hz 7:00:00 AM 48 dB 1:00:00 PM 52 dB 7:00:00 PM 51 dB 1:00:00 AM 38 dB 8:00:00 AM 47 dB 2:00:00 PM 53 dB 8:00:00 PM 51 dB 2:00:00 AM 46 dB 9:00:00 AM 51 dB 3:00:00 PM 51 dB 9:00:00 PM 50 dB 3:00:00 AM 45 dB 10:00:00 AM 51 dB 4:00:00 PM 51 dB 10:00:00 PM 44 dB 4:00:00 AM 56 dB 11:00:00 AM 51 dB 5:00:00 PM 51 dB 11:00:00 PM 47 dB 5:00:00 AM 53 dB 12:00:00 PM 55 dB 6:00:00 PM 51 dB 12:00:00 AM 44 dB 6:00:00 AM 55 dB Figure B3 Page 397 of 517 Acoustic Test Results Minneapolis, Minnesota | o: 952.831.4646 | esi-engineering.com Project No: P3205 Analyzer: Larson Davis 831C s/n 12346 Project: Elk River Capital - Data Center Noise Preamplifier: Larson Davis PRM2103 s/n 002227 Location: Elk River, Minnesota Microphone: Larson Davis 377B02 s/n 353605 Engineer: R.L. Skoug & A.A.J. Schmitt Calibrator: Larson Davis CAL200 s/n 18980 Last Calibrated: March 10, 2026 Location: Location 2 Meteorology: Temperature: 46 - 72 °F Date: 6/14/2026 Wind Speed / Dir.: 0 - 20 MPH / Varies Start Time: 7:00:00 AM Humidity: 29 - 93% End Time: 7:00:02 AM Calibration Check: Calibration Frequency: 1 kHz Run Time: 86402.0 seconds Initial Calibration: 94.0 dB Final Calibration: 94.0 dB Measurements: Sunday the 14th to Monday the 15th Last Cal. Check: 6/15/26 @ 9:58 AM One Second and Hourly Ambient Noise Levels A- and C-Weighted Results 26061400.LD0.s - LAeq 26061400.LD0.s - LCeq 26061400.LD0.s - LAeq 90 4:00:00 AM 66.5 dBA dB 65.5 dBA 56.1 dBA 80 70 60 50 Sound Pressure Level, dBA re. 20 µPa 40 30 7:00:00 AM 10:00:00 AM 1:00:00 PM 4:00:00 PM 7:00:00 PM 10:00:00 PM 1:00:00 AM 4:00:00 AM 7:00:00 AM Time, h.m.s AM/PM Noise Monitoring Measured Hourly LCeq Data Time LCeqTime LCeqTime LCeqTime LCeq 7:00:00 AM 58 dBC 1:00:00 PM 63 dBC 7:00:00 PM 60 dBC 1:00:00 AM 47 dBC 8:00:00 AM 58 dBC 2:00:00 PM 64 dBC 8:00:00 PM 59 dBC 2:00:00 AM 58 dBC 9:00:00 AM 62 dBC 3:00:00 PM 62 dBC 9:00:00 PM 59 dBC 3:00:00 AM 58 dBC 10:00:00 AM 64 dBC 4:00:00 PM 61 dBC 10:00:00 PM 54 dBC 4:00:00 AM 66 dBC 11:00:00 AM 63 dBC 5:00:00 PM 61 dBC 11:00:00 PM 58 dBC 5:00:00 AM 63 dBC 12:00:00 PM 64 dBC 6:00:00 PM 61 dBC 12:00:00 AM 54 dBC 6:00:00 AM 63 dBC Noise Monitoring Measured Hourly LAeq Data Time LAeqTime LAeqTime LAeqTime LAeq 7:00:00 AM 50 dBA 1:00:00 PM 53 dBA 7:00:00 PM 49 dBA 1:00:00 AM 39 dBA 8:00:00 AM 49 dBA 2:00:00 PM 52 dBA 8:00:00 PM 49 dBA 2:00:00 AM 48 dBA 9:00:00 AM 51 dBA 3:00:00 PM 51 dBA 9:00:00 PM 49 dBA 3:00:00 AM 49 dBA 10:00:00 AM 52 dBA 4:00:00 PM 51 dBA 10:00:00 PM 46 dBA 4:00:00 AM 56 dBA 11:00:00 AM 53 dBA 5:00:00 PM 51 dBA 11:00:00 PM 48 dBA 5:00:00 AM 55 dBA 12:00:00 PM 53 dBA 6:00:00 PM 51 dBA 12:00:00 AM 50 dBA 6:00:00 AM 55 dBA Figure B4 Page 398 of 517ESI Engineering Elk River Capital Data Center Noise Control File: P3205 Elk River Capital - Summary Report for Data Center Noise Control, Jun 16, 2026 ver 3 end Page 399 of 517 Data Center means a facility used primarily for the storage, management, processing, and transmission of digital data, which houses computer or network equipment, systems, servers, appliances, and other associated components related to digital data operations. The facility may also include air handlers, power generators, cooling or temperature-control systems, utility substations, and other associated infrastructure necessary for sustained operations. (d) Conditional Uses. Conditional Uses in the I-1 district are as follows: (5) Data Center, provided they meet the following standards: a. The proposed Data Center facility and any accessory use or structure is at least 750-feet from any residential structure, and at least 500-feet from the property line of any residentially zoned property. b. The total energy use of the Data Center facility shall not exceed 35 MW of power. c. The proposed Data Center facility is no larger than 75,000 SF in total size. d. Water Use - Data Center facilities shall not utilize water for cooling systems. Cooling systems shall utilize air‑based systems or advanced technology that requires zero consumptive water use, and all liquid cooled equipment must be designed to utilize a closed-loop system. 1. Annual domestic water use shall not exceed 200,000 gallons unless approved by the City following verification that water is not used for cooling. 2. Facilities shall install dedicated water meters and submit annual water consumption reports. 3. Cooling systems shall not have any physical connection to a municipal water system or a well. 4. The developer must provide an annual report showing the total water used over the past year. e. Noise - Noise from the operation of the proposed Data Center facility or any accessory use must comply with the Minnesota Pollution Control Agency (MPCA) noise standards as established in Minn. Rules Ch. 7030. 1. Prior to application, a noise study completed by a third-party engineer must be submitted demonstrating that the operations of the Data Center facility will comply with MPCA noise standards. The noise study must include sufficient information to show: Page 400 of 517 (a) Baseline noise levels in the area of the proposed Data Center, including noise levels measured at all external perimeter property lines. (b) Expected daytime and nighttime noise levels upon operation, including generator noise and other equipment noise, indoors and outdoors at multiple distances and at the external perimeter property lines. (c) Sound level projections and modeling for multiple distances from the Data Center facility. (d) Specific recommended mitigation measures to be incorporated to ensure compliance with the MPCA noise standards, and to minimize disturbance caused by low-frequency noise and vibrations. (e) The study must include A-weighted (dBA), C-weighted (dBC) and Z-weighted (dBZ) measurements, with full frequency spectra to identify low-frequency and tonal components. (f) A post construction compliance test, during operation, within six months of beginning operation must be completed to verify the actual sound levels and the effectiveness of constructed mitigation measures. The test must utilize the same methodology used for the initial noise study. If the review finds that post construction noise exceeds the maximum permissible sound levels at any external perimeter property boundaries or the locations used during the initial noise study testing or mitigation measures to address low-frequency noise or vibrations are inadequate, the applicant shall be required to develop and submit for review and approval, mitigation measures to bring noise levels within acceptable limits. The work must be completed within 6 months of the date of review. (g) The City may order an additional noise study once per year during peak operation of the Data Center facility. The Data Center operator must provide the results of the noise study, conducted by a third-party engineer, to the City within 30 days of the request by the City or show proof that they have contracted with a third- party engineer, and the results will be available in a reasonable amount of time. i. Where any noise study identifies greater than maximum permissible sound levels at any external perimeter property Page 401 of 517 boundary, the City may, after reasonable notice and an opportunity to cure the conditions contributing to the exceedance, suspend or revoke the conditional use permit. f. Backup Generators - Backup generators are restricted to only emergency use when the primary source of electricity is interrupted or unavailable and routine maintenance or readiness testing. 1. Routine testing must only occur during the hours of 8:00 am to 4:00 pm, Monday through Friday. 2. The City may require additional restrictions where testing creates noise impacts on adjacent properties. 3. All generator systems must comply with applicable Minnesota Pollution Control Agency (MPCA) and U.S. Environmental Protection Agency (EPA) emissions standards. Documentation of the review must be submitted with the application. 4. If the MPCA or EPA determine that an environmental review is necessary, it must be completed prior to submitting a Conditional Use Permit Application. 5. On-site fuel storage for back-up power generators shall be subject to the accessory structure setback and height limitations of the zoning district and must be completely screened from view within the public right-of-way. Such storage shall comply with all MPCA and State Fire Marshal requirements, all other permits, testing and listing requirements, and all applicable codes and standards such as NFPA 58. g. Decommissioning - The applicant submits a decommissioning plan, prepared by a qualified professional, outlining the estimated decommissioning timeframe, costs, and procedures for safe shutdown, removal of equipment, disposal or recycling of materials, and site restoration. 1. Prior to issuance of a building permit, the applicant shall also provide financial security sufficient to assure that decommissioning and restoration of the Data Center site can be achieved by a third party in the event that the applicant defaults in that obligation. Acceptable forms of financial security include: i. Performance bond ii. Irrevocable letter of credit iii. Escrow account iv. Other financial instruments approved by the City Page 402 of 517 2. The financial security amount shall be 105% of the estimated decommissioning cost, as determined by a qualified engineer or demolition contractor, and shall take into account the following: i. Demolition and removal of buildings ii. Removal of electrical infrastructure and substations iii. Removal of generators and fuel systems iv. Disposal of hazardous materials v. Environmental remediation, if necessary vi. Grading and restoration of the site 3. The financial security shall be reviewed and updated every five (5) years to ensure the financial security amount remains sufficient to cover the estimated cost of decommissioning. Page 403 of 517Page 404 of 517 Request for Action To Item Number City Council 7.4 Meeting Date Prepared By June 15, 2026 Zack Carlton, Community Development Director Item Description Reviewed by Ordinance Amendment and Conditional Use Permit: Chris Leeseberg Data Center, Michael Margulies, 19178 Industrial Cal Portner Blvd NW Justin Dunford Action Requested Open the public hearing, receive public comment, and continue the hearing to July 6, 2026. Background/Discussion The applicant, Michael Margulies, representing Elk River Capital, LLC (Swervo Development), has submitted two land use applications in support of a proposed data center at 19178 Industrial Blvd NW. The property is located within the city's I-1 (Light Industrial) zoning district and is approximately 3.23 acres. The property includes an existing 62,000 SF industrial building that operated as an injection molding facility until late last year. The applicant proposes modifying the existing building to house a data center. Proposed changes include demolishing 5,000 SF of the building to improve the loading dock area and adding cooling equipment along the south-west corner of the building. The data center proposes closed-loop cooling, which does not require large volumes of water but instead uses glycol-based cooling equipment to keep the technology at a safe operating temperature. Submitted applications include an ordinance amendment to add data centers as an allowed use within the zoning district and a Conditional Use Permit (CUP), anticipating that the use would require a CUP for zoning approval. Ordinance Amendment Application As data centers are not currently allowed in the I-1 zoning district, an ordinance amendment is required. Data centers meet the type of industry, tax base, and job/economic base for use in this district. This process allows the city to proactively establish development standards for data centers anywhere within the district. Examples of standards that may be included are limiting their size, maximum energy use, cooling system, noise mitigation, and buffering requirements. The city is not required to add data centers as an allowed use, and the amendment process is designed to give elected and appointed officials an opportunity to review the benefits and challenges before making a final decision. Under current zoning codes, adding data centers to the I-1 district also allows their use in the I-2 zoning district. Conditional Use Permit Application The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 405 of 517The CUP application allows the city to review a specific project on a specific site. The application is reviewed against established standards within the ordinance. As a part of this process, the city would include specific conditions of approval to address potentially negative impacts of a project. These conditions must directly relate to the proposed project. With this particular application, city staff and city officials would be reviewing the project against the standards established by the ordinance amendment and the CUP process. Public Hearing The city recognizes that data centers have raised important questions and concerns in our region and across the state. The city is seeking input from the public as we review these applications. A public hearing is an important step in this process, and staff would like to collect questions and comments from the community to help inform the decision-making process. As data center technology is rapidly changing and can be technical at times, staff will review the feedback alongside the specific details of these applications. The Planning Commission held a public hearing on May 26, 2026, and will address public comments from both meetings (PC & CC) during the June 23, 2026, Planning Commission meeting. The developer is also completing a noise study, which will be available for review in the June 23, 2026, Planning Commission packet and after the meeting. Upcoming Meetings The Planning Commission will hold another public hearing on June 23, 2026. Staff expects the Commission to make a recommendation on both the ordinance amendment and CUP applications on that date. However, the statutory review timeline does allow an additional extension to July 28, 2026, if necessary. With a Planning Commission recommendation on June 23, 2026, the City Council meeting on July 6, 2026, would be the first opportunity for a decision to approve or deny the applications. Financial Impact None. Mission/Policy/Goal Appropriately govern in an ever-changing environment. Attachments 1. Location Map 2. Narrative 3. Site Plan 4. Floor Plan 5. Public Comments as of 6-10-2026 6. Map of I-1 and I-2 Zones Page 406 of 517Page 407 of 517 19178 Industrial Blvd NW – Conditional Use Permit Narrative Applicant seeks a Conditional Use Permit under Section 30-651 et. seq. of the Elk River City Code to allow 19178 Industrial Blvd NW (the “Property”) to be used as a data center (the “Proposed Use”). Property Description and Use. The Property is a 3.223 acre parcel of land currently improved with two connected one-story concrete block and metal sided buildings with a total foundation area of 63,190 square feet. The buildings were constructed in phases during the period 1978-1997. The Property is in an entirely industrial area of the City and there are no residential properties located within 500 feet of any boundary of the Property. It has been used for industrial and manufacturing purposes since 1978. Zoning Status. The Property is currently zoned L-1 (Light Industrial). By separate application, Applicant is seeking to amend the Elk River City Code Section 30-1293(d) to add data center use as a conditional use in the L-1 (Light Industrial) Zoning District. Exterior Modifications. Applicant does not intend to make any modifications to the exterior modifications to the exterior of the buildings or to the site except to demolish approximately 5,000 square feet of the building to create a more efficient loading dock area. Proposed Use. The Proposed Use is a 58,000 square foot data center to be leased to one or more data center operators. Employment. The Proposed Use will create approximately 100 construction jobs during the period of construction for repurposing the building. The construction will take approximately six to nine months. Repurposing construction will commence in Summer, 2026. Upon commencement of operations, the Proposed Use will employ approximately 40 persons divided among three eight-hour working shifts. It is expected that no shift will have more than ten employees on site. Parking. The Property currently has 72 parking stalls. City Code does not have a specific parking requirement relative to data centers. City staff suggests that Elk River City Code Section 30-903(11) (Warehouse/Manufacturing) and specifically Section 30-903(11)(a) provides the best guidance for parking for this use. Section 30-903(11)(a) requires the following parking: “… one parking space for each two employees on the major shift or one parking space for each 2,000 square feet of floor area, whichever is greater, plus one space for each company motor vehicle when customarily kept on the premises.” Page 408 of 517 The likely maximum number of employees during the major shift is 10, thereby requiring 20 parking spaces. Alternatively, assuming approximately 58,900 square feet of floor area, the parking requirement would be 29 spaces. Therefore, current available parking is more than double the required parking. Satisfaction of Conditional Use Permit Requirements. Elk River City Code Section 30-654 sets forth the standards that must be met in order for a Conditional Use Permit to be issued. The Property and the Proposed Use satisfy all of the required standards. Specifically, the Proposed Use: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the City; 2. Is consistent with the Elk River Comprehensive Plan; 3. Will not impede the normal and orderly development and improvement of surrounding vacant property; 4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares; 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations; 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance; and 7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city 2 Page 409 of 517Page 410 of 517Page 411 of 517Page 412 of 517Page 413 of 517Page 414 of 517 Outlook NO data center From Hannah Lubinski Date Wed 6/3/2026 9:53 PM To Zachary Carlton <zcarlton@ElkRiverMN.gov> You don't often get email from Learn why this is important Zack, I’m emailing in reference to the data center proposal in Elk River. I urge you to NOT move it forward. It will bring zero net positive benefit to the community, in fact it will harm the community.  No one wants data centers in their community. We vote for people who listen to those in the community. This should be an easy NO to scrap the data center proposal and put in something else that would actually benefit the community.  Please research negative impacts of data centers, including increased land temperatures around the data centers, childhood cancer rates increasing, obnoxious sound levels, bright lights, and other factors. No one wants data centers in their neighborhood or places they visit frequently. I understand this isn’t a hyperscale data center and maybe some of what I mentioned above isn’t as aggressively applicable but it’s applicable enough to make this an easy decision to say NO DATA CENTER. Especially since it’s by an elementary school. Children and their health and safety are important.  Thanks for your time, Hannah Lubinski Page 415 of 517 Outlook Online Form Submittal: Send Zack Carlton an Email From noreply@civicplus.com <noreply@civicplus.com> Date Tue 6/9/2026 6:38 PM To Zachary Carlton <zcarlton@ElkRiverMN.gov> Send Zack Carlton an Email TO: Zack Carlton First Name Julie Last Name Lawrence Reply Email Address Subject Data Center (Section Break) Comments I am not okay with a data center coming to my community. It is in no way good for us - the amount of energy and water they use, the probability of pollution to the Mississippi, the ramifications of our wildlife, the noise of pollution and the costs to all of us tax payers living here (increased energy/water costs) How could the city think this is a good idea? This gives the vibe that pockets are being lined and the health of the community is for sale. Disclaimer Information submitted is considered public data. Email not displaying correctly? View it in your browser. Page 416 of 517 Outlook FW: NO DATA CENTER From: Jody S Sent: Thursday, May 28, 2026 5:46:19 PM To: Justin Dunford <JDunford@ElkRiverMN.gov> Subject: NO DATA CENTER You don't often get email from Learn why this is important I'm a concerned paying taxpayer, that lives in Elk River and I am completely against the data center. Has there been any thought about the resources that will be taken from the community, not just the quick high you will receive for the tiny bit of time it's constructed? We have lived here almost 13 years and in that time, have seen the taxes continue to climb, very, very high. We already have no choice for garbage or Internet. I'm not sure what the point of this data center would be. This city used to a place I was excited about, and unfortunately now, we are counting down the months until we can leave Elk River has changed so much, it's no longer the Elk River that used to be. I'm also fighting to help save the Boundary Waters. So please, unless you have something outside of the quick high of a financial kickback, stop this madness. Very concerned resident, Jody Shenkle Page 417 of 517 Outlook Elk river data center From Kate A Date Thu 5/28/2026 6:57 PM To Zachary Carlton <zcarlton@ElkRiverMN.gov> [You don't often get email from Hello Elk river I strongly appeal you to block development of data centers - for the environmental impacts including water, energy, and biodiversity. The land belongs to people not allowing large corporates to come in and use all resources and forever change the land I work in the environmental industry and while they do siting and tests and comply with legal requirements there is still too much unknown impact and negative impact that comes into the community. It does not bring more jobs or enough positive value to allow this. Thanks Kate Sent from my iPhone Page 418 of 517 Outlook Data Center case OA 26-02 & CU 26-05 From Zose Date Mon 5/25/2026 3:00 PM To Zachary Carlton <zcarlton@ElkRiverMN.gov> You don't often get email from Learn why this is important To Zack Carlton, I read with much dismay and horror that there is a planned data center to be put at19178 Industrial Blvd. NW. This is beyond unacceptable for many reasons : 1. Known excess water usage by these unnecessary facilities which unfairly depletes the local ground water supplies. There are many households who rely on well water. Water pressure already dips during spring and summer due to local farms need for water. Contrary to some reports, the groundwater in the area is not aok fine and dandy. The water pressure is already an issue due to the continued greed driven massive overdevelopment projects. What do we do when our wells run dry? At this point, I am looking for an attorney to sue the City of Elk River, Sherburne County and anyone else responsible for this problem when the inevitable does happen as did in the Coon Rapids/Blaine area. 2. The well known drain on power sources by data centers. Across the board it always raises electricity bills. I do not think that the rightful, legal constituents of Elk River can afford this. Nor, should they. 3. The pollution that data centers release as well as the constant drone that has been scientifically linked to health issues for the victims in the surrounding areas. Another source of a large lawsuit. No, they do not ultimately provide enough jobs to legitimize the massive problems and destruction of quality of life that they always cause. So, please, for once, put the rightful constituents of Elk River before any more greed driven unnecessities such as this. Thank You, Kathee Page 419 of 517 Outlook Online Form Submittal: Send Zack Carlton an Email From noreply@civicplus.com <noreply@civicplus.com> Date Sat 6/6/2026 5:02 PM To Zachary Carlton <zcarlton@ElkRiverMN.gov> Send Zack Carlton an Email TO: Zack Carlton First Name karlaronnebaum Last Name karlaronnebaum Reply Email Address Subject Data center (Section Break) Comments I do not want a data center in elk river. Costs are very high in sherburne county already. This noisy air pollution data center will suck up to 100,000 houses worth of energy a month. You might get $ up front but seems to be the consensus that the city after awhile gets stuck with the cost. Do just a fraction of research and you will see that this is a bad thing. Environmentally, with noise and air pollution. That should be a big NO right there. Plus not like it will bring in jobs once building is built they only staff around 20 people. Very few local. I know I’m not the only one. I’m saying NO to data centers Thanks and remember to use your conscious. If it feels wrong it probably is wrong. Disclaimer Information submitted is considered public data. Email not displaying correctly? View it in your browser. Page 420 of 517 Outlook FW: Proposed data center From: Stephanie Wallace Sent: Thursday, May 28, 2026 1:51:59 PM To: Justin Dunford <JDunford@ElkRiverMN.gov> Subject: Proposed data center You don't often get email from . Learn why this is important Hello, My name is Stephanie Schultz and I’ve had the pleasure of living in Elk River for three years now. My husband and two daughters have enjoyed our neighborhood, amenities the city has to offer, and the smaller town feel while still having necessities close by. It will be of great disappointment that the city would be allowing data centers into our community. A simple google search demonstrates the negative effects of them to towns, cities, and states. As someone with two small children, I genuinely fear for the state of our planet as these are becoming more popular . We are currently paying astronomical fees in property taxes and utilities to live in ER and the guarantee for them to increase is unacceptable. Data centers have been shown to increase local taxes/utilities cost, deplete water sources, and are giving off emissions (electromagnetic) that have been shown to have harmful affects on people and animals. As someone who is employed and works remotely, my concern for them also depleting our energy grid is also of great concern. Our environment is already at such a risk for warming and seasons changing, adding these centers to our state and our cities would only increase that as they have been shown to increase temperatures, creating “heat islands”. Our community is not the only one who is against these centers. Monticello is also against having them and as a citizen of Minnesota, I stand with them fully. The value these centers will add to our community is minimal if none. I do not support the building of data centers into Elk River and will not be supportive of any government official who is supporting this change. The negative impacts it will have on water supply, power grids, health of people/animals, environmental impacts (heating, pollution, carbon emissions, etc) as well as noise and thermal pollution would be devastating to our community for generations to come. Let’s not think about the current state of the world, but think about our future generations and doing better for them. Ai is convenient and easy, but it’s not the solution or answer. We are against these data centers. We will not welcome them into our community. And anyone who does so is incredibly foolish and ignorant. Sources: Page 421 of 517 AI Data Centers: Big Tech's Impact on Electric Bills, Water, and More consumerreports.org environmentalhealthproject Please take my opinion into consideration and block this from happening. Listen to the citizens of your city and do not allow this travesty to happen. Thank you for your time. Stephanie Schultz Sent from my iPhone Page 422 of 517 Outlook Online Form Submittal: Send Zack Carlton an Email From noreply@civicplus.com <noreply@civicplus.com> Date Sat 6/6/2026 4:25 PM To Zachary Carlton <zcarlton@ElkRiverMN.gov> Send Zack Carlton an Email TO: Zack Carlton First Name Teresa Last Name Dill Reply Email Address Subject Data center (Section Break) Comments No Way on a data center. Please make decisions on behalf of the people. Do not line the pockets of billionaires and perhaps, “yourself.” Do not fall for the community investment they will promise. They do not care about people or the environment. I am 55 years old and have lived in elk river for over 50 of those years. If this is proposal is entertained, time to move. This city and state used to be a good place to live but for over a decade working people are over taxed to subsidize nonsense initiatives… in the name of what? Poor decision making is degrading common folk quality of living. Do the right thing. It’s not hard to be honest and work on behalf of the community and constituents. Disclaimer Information submitted is considered public data. Email not displaying correctly? View it in your browser. Page 423 of 517 Outlook FW: Proposed Data Center From: Tabetha Kallsen Sent: Thursday, May 28, 2026 1:01:55 PM To: Justin Dunford <JDunford@ElkRiverMN.gov> Subject: Proposed Data Center You don't often get email from . Learn why this is important I'd like to go on record stating I am strongly opposed to a data center in Elk River. The effects on the environment as well as the surrounding area is horrible as well as for the folks near the center. I vote NO data center! Page 424 of 517Page 425 of 517Page 426 of 517Page 427 of 517Page 428 of 517Page 429 of 517Page 430 of 517Page 431 of 517Page 432 of 517Page 433 of 517Page 434 of 517Page 435 of 517Page 436 of 517Page 437 of 517Page 438 of 517Page 439 of 517Page 440 of 517Page 441 of 517Page 442 of 517Via Email June 12, 2026 Elk River Planning Department Elk River City Council 13065 Orono Parkway Elk River, MN 55330 RE: Written Public Comment — Proposed Data Center, 19178 Industrial Boulevard, Elk River Capital LLC — June 15, 2026 Public Hearing Dear Planning Commission and City Council Members, I am a 34-year Elk River resident and nature photographer submitting this written public comment for the official record regarding the proposed data center at 19178 Industrial Boulevard by Elk River Capital LLC. I respectfully request that the following concerns be addressed before any vote is taken. 1. The Zoning Amendment Sets a Permanent Precedent This proposal requires permanently amending Elk River's zoning ordinance to add data centers as an officially allowed use under Light Industrial (L-1) zoning. This is not a decision about one building - it is a decision that would open every Light Industrial parcel in Elk River to data center development, permanently. A 33-megawatt AI data center operating 24 hours a day, consuming the power of a small city, and generating continuous industrial noise at a river confluence does not meet any reasonable definition of light industrial use. The city should establish specific, enforceable standards for data centers before amending its zoning ordinance - not after. 2. Minnesota Law May Apply — Has It Been Evaluated? Minnesota HF 16, passed in 2025, specifically addresses data center water impacts and prohibits permit approval if a facility will cause adverse impacts to watershed health. The Elk River watershed is located within the Source Water Protection Area for both Minneapolis and St. Paul - our river flows into the Mississippi approximately 25 miles upstream from the drinking water intakes for both cities. I respectfully ask: has HF 16 been formally evaluated in relation to this proposal? Has the Minnesota Pollution Control Agency been notified? 3. Required Agency Consultations Page 443 of 517Friends of the Mississippi River has an active state-funded habitat restoration project at Bailey Point Nature Preserve - directly at our confluence. The Mississippi River Islands Scientific and Natural Area, designated by the Minnesota DNR in 1979, sits directly downstream. Within 30 miles of Elk River there are an estimated 40 to 60 active bald eagle nests, including up to 22 at the Sherburne National Wildlife Refuge alone. Research published in March 2026 documents that chronic industrial noise - the kind generated 24/7 by data center cooling systems - can shrink a hunting eagle's listening area by 90 percent, causing raptors to abandon otherwise suitable habitat. Have the Friends of the Mississippi River, the Sherburne Soil and Water Conservation District, and the Minnesota DNR been formally consulted regarding the environmental impacts of this proposal? 4. Existing Non-Compliance Must Be Addressed City staff have confirmed that Elk River's existing data centers are not in compliance with current city zoning - they operate as grandfathered legal non- conforming uses. Before expanding data center use through a permanent zoning amendment, the city should address this existing non-compliance and establish clear, enforceable standards that protect residents, wildlife, and our watershed. 5. An Unanswered Question Public comments have raised questions regarding reports of an additional data center project in Elk River. I respectfully request that the city clarify whether any additional data center facilities are currently under construction or under review, where they are located, and what public review process was followed. Residents deserve a transparent answer before July 6. In Conclusion I am not opposed to responsible development. I am asking that this decision be made with full transparency, full legal compliance, and full consideration of the environmental and community impacts - including those that extend beyond Elk River's city limits to our shared watershed and wildlife corridor. The Elk River motto is "Powered by Nature." I ask the city to govern accordingly. Page 444 of 517Respectfully submitted, Sheila Skogen 151 5th St. Elk River, MN 55330 Sources available upon request. This comment is submitted for the official public record. Page 445 of 517 Outlook Data Center From Mary Knapp Date Sun 6/14/2026 7:23 PM To Zachary Carlton <zcarlton@ElkRiverMN.gov> You don't often get email from . Learn why this is important Information I have found is that residents in Minnesota and around the country tend to raise the same concerns when data centers are proposed: Electrical demand and whether large facilities could affect future power costs or require new transmission infrastructure. Noise from cooling equipment, rooftop chillers, and backup generators. Water consumption for cooling systems   Limited permanent employment compared with the size of the facility. Lack of transparency about who the ultimate operator or customer is. Questions about tax benefits versus community benefits.   At a minimum, let's put a moratorium on this data center until we have more concrete facts and the taxpayers are comfortable with the idea. There shouldn't be a rush to push this action through the process. Let's take our time and get this done right. Thank you for your time, see you Monday night! -- Mary Knapp Page 446 of 517 Outlook Public Comment: Data Center Ordinance Request From Sophia Kruger Date Mon 6/15/2026 6:38 PM To Zachary Carlton <zcarlton@ElkRiverMN.gov> You don't often get email from . Learn why this is important Hello, Please see below my comment that I wish to submit regarding Item 7.4 on the agenda for the City Council meeting on 6/15/2026. Thank you, Sophia --------- Elk River City Council Meeting June 15th, 2026 6:00pm CT Public comment in response to: Item 7.4: Ordinance Amendment and Conditional Use Permit: Data Center, Michael Margulies, 19178 Industrial Blvd NW Dear City Council Members, My name is Sophia Kruger; I reside at 22220 Monroe Street NW, Elk River, 55330. I am writing in opposition to the proposal requested by Michael Margulies to change the city ordinance to allow for a proposed data center at 19178 Industrial Blvd NW. I ask that the Council take this request seriously and oppose this ordinance amendment as well. As a public health professional, I'm opposed to this proposed ordinance change because data centers introduce air, water, and noise pollution that will harm the environment and the health of Elk River residents, let alone increase financial strain on residents as electricity rates increase to meet the demand of these buildings. Page 447 of 517While it's true that there is not enough empirical research yet on the direct adverse health effects of data centers--that is to say, we don't know if building a data center 58,000 square feet in size near residences and schools will directly cause a spike in the rate of new asthma cases or new anxiety diagnoses -- we can certainly paint ourselves a picture based on what we do know so far. We know that data centers emit noise at levels around 96 decibels, which is above the 85 decibel threshold considered harmful for our hearing. Persistent noise levels below that threshold have even been shown to cause disturbances among wildlife (and in humans). That noise is emitted constantly, day in, day out, and people who live nearby data centers have reported increased anxiety, headaches/migraines, and sleep disturbances. While it looks good on paper to build a data center with a closed loop cooling system as it's said to draw in less water than other evaporative cooling systems, the reality is that that water consumption is just moved off site. Sure, the building doesn't draw in as much water, but data centers that use this mechanism for cooling require 10-40% more electricity than traditional evaporative cooling systems, meaning that thermoelectric and/or natural gas plants that generate the power our grid needs will consume even more freshwater to meet the data center's demand. As that demand increases, residents can expect their electricity prices to increase as utilities have to contend with increased strain on their grid too. We also know that this cooling technology has the potential to introduce chemicals--like antifreeze, antimicrobials, and nitrates--at concentrations above their regulated limits into surface water, potentially reaching drinking water sources. This is because while the cooling technology uses less water, it cycles through that water with the occasional release of some used water to make way for new water. That released water, that had been cycling through the cooling systems building up the concentration of chemicals applied to prevent harm to the server equipment, is released as surface water that can run off into ground water sources. Depending on the amount of released water and the concentration of these contaminants, we could be negatively affecting aquatic species downstream of this data center and potentially polluting drinking water sources. We also know that data centers often use diesel or natural gas generators on-site. These generators emit nitrogen dioxide and other fine particulate matter that can negatively affect the air quality and have been linked with increases in asthma diagnoses and other respiratory and cardiovascular health conditions. This data center is proposed right across the road from Meadowvale Elementary and within earshot of surrounding neighborhoods - I am not okay with exposing children and families to more greenhouse gases that may harm their respiratory health. With what we do know right now about the harmful impacts of data centers, we should not take lightly the request by applicants to approve zoning for data centers - and this data center specifically - in our city. Approving this ordinance would open the floodgates - who's to say how many more data centers could be developed in our town? And how will those health effects compound? How much strain on local water sources will there be if future data centers are built? Can our electrical grid keep up if more centers come to town? There are far too many questions that we as constituents deserve answers and not only this, Michael Margulies and Ned Abdul are questionable characters. I would not trust a disbarred, formerly imprisoned, lawyer (Margulies) and a developer who has been investigated by the FBI and faced fraud convictions (Abdul); they certainly do not seem like business persons the City and its residents should trust with the development of a project that is so controversial. In the City's Planning Commission Page 448 of 517meeting on May 26th, neither could guarantee that this proposed data center would not be used for AI in the future, and neither could say what company they'd seek to lease their building. I ask the planning commission to seriously take these concerns into consideration before making a decision on the applicant's request to amend city zoning ordinances to allow for inclusion of data centers. Thank you. Sophia Kruger Page 449 of 517June 17, 2026 Elk River Planning Commission Elk River City Council 13065 Orono Parkway Elk River, MN 55330 Re: Ordinance Amendment OA 26-02 — Data Centers as a Conditional Use in I-1 and I-2 Districts Dear Chair, Commissioners, Mayor, and Council Members, I've spoken at every public hearing on this application since it was introduced, and I'm writing now because OA 26-02 is being given attention in its own right, separate from the site-specific CUP request. I appreciate that the city separated the two on the schedule, with the ordinance amendment taking up first — that gives this body room to focus on OA 26-02 without the pressure of a concurrent site decision, and I think that's the right way to handle it. The ordinance amendment will outlive this particular project. Whatever happens with 19178 Industrial Boulevard, OA 26-02 sets the standard for every data center that comes to Elk River after it — in any I-1 or I-2 zone citywide. I want to be upfront about what I'm asking for: a moratorium on OA 26-02, paired with a task force charged with producing comprehensive, specific conditions before any ordinance amendment is adopted. I don't think that's an extreme position. As of this spring, roughly 70 cities, counties, and states across the country had active data center moratoriums in place — most lasting six months to a year, a few longer — specifically to let local policy catch up with this technology before locking in a standard. I'd rather Elk River take that same approach now than discover the gaps later, after the standard is adopted. Why I think this request is premature To be clear about what's actually in front of you: OA 26-02 is a request to add data centers as a conditional use to the I-1 and I-2 use tables. It is not draft ordinance language with specific standards attached. That distinction matters. Adding the use category now and leaving the conditions — noise limits, water and discharge standards, infrastructure cost allocation, setbacks — to be worked out later, case by case, is itself the gap I'm asking you to close before adoption, not after. It also matters because a modern AI-era data center is not the same animal as the data centers most existing zoning frameworks were written to anticipate. Power density per square foot has increased substantially. Cooling methods have shifted from simple air handling toward closed-loop and liquid systems with their own lifecycle and discharge characteristics. And the pace at which these projects move from application to construction has consistently outrun the pace at which cities can write standards to govern them. Elk River is being asked to create a Page 450 of 517permanent, citywide use category at the same time it's processing a live application under that category — not the sequence I'd expect a new, unfamiliar use type to be handled: standards first, then applications, not concurrently. I'd ask the Commission and Council to think comprehensively about the full range of inputs and outputs a facility like this brings, not just the ones that happen to be the loudest at this stage of the process: - Noise. Not just whether a peak decibel level clears a threshold, but the chronic, continuous, often tonal character of mechanical noise from a facility that runs nights, weekends, and holidays indefinitely. The kind we’re hearing about frequently in the news. The kind the attached research will address in some detail. - Water. Cooling water consumption, and — separately — the full lifecycle of closed-loop systems: makeup water needs, blowdown discharge, water treatment chemistry, and what happens to that water over the life of the system, not just at startup. - Thermal plume. Waste heat rejected to the atmosphere or to surface water, and what that does to the immediate microclimate or receiving water body over time. - Electrical grid demand and cost-shifting. Who pays for the infrastructure a large new load requires, and whether those costs land on the developer or get distributed across the existing ratepayer base. I think ERMU has put some effort into this, but it deserves detailed review and explicit conditions. - Backup generator emissions. Diesel generators sized for 100% generation in a 10-megawatt or larger facility, and what their testing and emergency run schedules mean for nearby air quality. - Construction and truck traffic. The volume and duration of heavy truck traffic during build-out, separate from the comparatively low traffic the facility generates once operational. - Property value effects. What happens to home and business values for immediate neighbors when an industrial use of this scale and duration moves in next door. None of these are exotic concerns. They're the ordinary list of questions any conditional use ordinance should answer before, not after, it's adopted. Right now, OA 26-02 doesn't answer them. Why I think a moratorium and task force is the right tool I went looking for examples of cities that have done this well — that captured the economic benefit of hosting a data center without adversely affecting the quality of life of their neighbors and nearby businesses. I didn't find one I could point to with confidence. What I found instead was a substantial body of forward-looking guidance from planners, consultants, and developers about what a city should do, and a separate, growing body of reporting from residents currently living next to data centers describing dust, noise, and disrupted sleep that the "should do" literature hadn't prevented. I also looked specifically for community benefit agreements with documented, post-construction outcomes — proof that the commitments made on paper held up Page 451 of 517once the facility was running — and didn't find that either. What exists are recently signed agreements and unproven frameworks, not track records. I raise that not to suggest this can't be done well, but to suggest that nobody — including Elk River — currently has a reliable model to copy. That argues for slowing down and building the standard deliberately, with the right people in the room, rather than adopting language now and hoping it holds up against the next application. Can we confidently say at what distance neighbors are not adversely impacted by noise, emissions, and thermal plume? I haven't found clear answers yet, and I don't think that question should remain unanswered when the ordinance is adopted. A task force with broad representation — residents, industrial-zone business owners and workers, ERMU, city staff, and an outside consultant familiar with the specific demands and effects of modern data center equipment — could do the work the current timeline doesn't allow: specific, measurable conditions on noise, water, thermal discharge, infrastructure cost allocation, and emissions, instead of general language that leaves those questions to be litigated case by case. I'd also ask the task force to study whether OA 26-02 should include a citywide cap on total data center load or on the number of facilities permitted, rather than treating each application as if it were the only one the grid, water system, and neighbors will ever have to absorb. I'd tie the moratorium to that task force's work product, not to a fixed calendar date — it lifts when the report is in hand, not before. It's also worth noting that the city is not a passive party here. Elk River's own economic development website lists data centers as a target industry, citing reliable electrical power, water capacity, and electrical reliability as reasons the city is a desirable location for them. By observation, the city is actively recruiting for this industry. What that page doesn't address — and what OA 26-02 in its current form doesn't address either — is where within the city these facilities belong, under what conditions, and with what protections for the people who will live and work next to them. If Elk River is going to market itself for this industry, it owes its residents the comprehensive standard that marketing implies, not just the invitation. I want to be clear that none of this is a position on whether Elk River should host more data centers at all. I think the goal is straightforward: capture the economic benefit this industry can offer without exporting the cost of doing so to the neighbors of the site. I don't think that's an unreasonable thing to ask the ordinance to guarantee before it's adopted, rather than after. I’m including a list of questions that remain unanswered about the Elk River Capital LLC project. I would appreciate these questions being addressed in preparation for the CUP proceedings. Page 452 of 517I've also enclosed printed research on noise and vibration impacts that I'd ask the Commission and Council to review as part of this record. For additional background and documentation related to this application, I maintain elkriverdatacenter.com as a public-interest resource; it's referenced here only as a source, not as an extension of this letter's argument, which is mine alone. Thank you for the time and attention you've given this process. I'm glad to discuss any of this further and look forward to the continued hearing on June 23. Respectfully, Jesse Lang 19371 Upland St NW Page 453 of 517Unanswered questions about the Elk River Capital LLC project Operator Identity 1. Who will operate this facility? 2. What are their qualifications and operational and compliance track record? Nearby School & Day Care 1. The applicant’s narrative identifies no schools or day care centers near the site. Meadowvale Elementary is 732 feet from the site parcel boundary; Creative Kids Academy is 440 feet from the site parcel boundary, per Sherburne County GIS measurements. 2. The application record contains no proximity analysis addressing either facility. Elk River City Code § 30-654(4) requires that a conditional use permit applicant demonstrate the proposed use will not adversely affect parks and schools. 3. Has the city evaluated whether the ordinance amendment or CUP conditions should address proximity to schools and day care centers? Electricity 1. What is the design PUE (Power Usage Effectiveness) for this facility? 2. What is the target kW per rack (or per cabinet) for this facility's design? 3. Is any liquid-to-chip or immersion cooling planned, or is this exclusively air-cooled at the rack level? Closed Loop Cooling 1. What is the total system volume (gallons) for the closed loop at full 33 MW build-out, separated by Phase One (initial) and Phase Two? 2. What manufacturer/model chiller units are specified, and does the spec sheet confirm an air-cooled (no adiabatic pre-cooling) configuration, or does it include an adiabatic-assist mode that would add a separate evaporative water draw? 3. What is the basis for Mr. Hanson's representation that the system will "require no additional water" — is that engineering-verified for this specific chiller spec, or a general characterization of closed-loop technology as a category? 4. What is the disposal/discharge protocol for any blowdown or partial-drain event, given the glycol and corrosion-inhibitor chemical content? 5. Is there a contractual leak-detection requirement, monitoring threshold, or reporting obligation to ERMU/the City? 6. What is the City's enforcement mechanism if a leak occurs and is not major enough to trigger flushing, but the system is taking in makeup water over an extended period — at what point does that cross from "an initial fill" into a use ERMU's water rules weren't written to anticipate? Page 454 of 517 7. What chemicals or compounds will be used as part of the closed loop system? 8. What concentration of each chemical will be used? 9. What is the purpose of each chemical? 10. Has the developer built-out and used this type of cooling system before? Generators: Capacity & Use 1. What is the nameplate capacity (kW or hp) of each generator unit? 2. How many units will be installed? 3. What is total installed generation capacity across all units? 4. Are these generators intended for any non-emergency use outside of testing and maintenance (demand capacity, peak shaving, etc.)? Generators: Emissions 1. Has the applicant prepared a potential-to-emit (PTE) calculation for Nitrogen Oxides (NOx), Fine Particulate Matter (PM2.5), Carbon Monoxide (CO), and Hazardous Air Pollutants (HAPs)? 2. What EPA emission tier are the generator engines? 3. What fuel grade will these generators use? 4. Will any emissions control devices (diesel oxidation catalysts, particulate filters) installed? 5. Has any air dispersion modeling been performed to characterize ground-level concentrations at the property line and at the nearest receptor? Page 455 of 517Home Research & Analysis Data Center Noise: What It Is and Why the Standard Does Not Capture It June 15, 2026 · updated June 15, 2026 · 23 min TL;DR Data centers emit constant low-frequency noise that is structurally different from other industrial sources — tonal, continuous, and resistant to conventional barrier mitigation. Minnesota’s applicable noise standard measures sound in a way that systematically underweights the frequency range most associated with data center complaints: in documented cases, facilities measured at 40 to 59 dB(A) on residential property — within applicable limits — while neighbors reported sleep disruption, difficulty concentrating, and avoidance of outdoor spaces. What Data Center Noise Is and Why It Differs from Other Industrial Sources Primary noise sources Data center noise originates from three systems. Their acoustic character differs significantly. Air-cooled chillers are the dominant external noise source for data centers that use air-cooled heat rejection — one common approach for facilities that do not use cooling towers or water-side economizers. Air-cooled chillers require large axial fans to reject heat continuously.1 Those fans produce tonal noise — sound concentrated at specific frequencies — driven by blade-pass frequency: the rate at which each blade passes a fixed point. According to INVC, a commercial noise remediation consultancy, the blade- pass tones generated by chiller fans are caused by aerodynamic interactions of the fan impellers and concentrate in the low-frequency range, typically propagating substantial distances from the site.1 Analysis: The degree of tonal character depends on equipment specifications. Variable-frequency drive (VFD) fans spread blade-pass energy across a band of frequencies rather than concentrating it at a fixed tone, reducing tonal character relative to fixed-speed fans. Whether specific equipment will produce problematic tonal noise varies by specification, which is why spectral analysis of the actual equipment Page 456 of 517specified is more informative than dB(A) measurement alone for evaluating tonal character. The World Health Organization has concluded that A-weighted measurement systematically underweights low- frequency noise content where it is prominent, recommending C-weighting for health effects assessment in such cases.2 This tonal character is what distinguishes chiller noise from broadband industrial noise. Diesel generators are standard equipment in data centers as backup power for critical load. Diesel generators produce low-frequency noise at their engine firing frequency during both routine load testing, which is required under National Fire Protection Association Standard 110 (NFPA 110), and during actual power outages.3 Generator exhaust systems dominate low-frequency noise output in the range of approximately 31.5 to 250 Hz, with tonal components at the engine firing frequency and its harmonics — typically in the range of 75 to 90 Hz for standard 4-stroke diesel generators operating at 1500 to 1800 RPM.4 NFPA 110 requires monthly 30-minute operational tests at a minimum of 30% of nameplate kW rating; if a generator does not reach that threshold during monthly testing, an annual supplemental load bank test is triggered, and Level 1 systems require a comprehensive test every 36 months.3 Whether generator test events comply with applicable noise limits at nearby receivers, and whether a conditional use permit addresses the timing and frequency of such testing, are questions a noise study scope should explicitly cover. Server and rack cooling fans operate internally; though internal noise levels in operational data centers commonly reach 90 dB(A) near server areas,5 the building envelope attenuates this substantially before it reaches any external receiver, making server fans less relevant to external community noise than chiller and generator sources. What makes this noise different Two properties of data center noise distinguish it from most other industrial sources that zoning and noise regulations were designed to address. Tonal character. Most regulated industrial noise — manufacturing equipment, aggregate operations, truck traffic — is broadband: acoustic energy spread across many frequencies. Chiller fans and diesel generators produce tonal noise: energy concentrated at discrete frequencies. The noise concern from low- frequency tonal sources is not primarily peak annoyance in the way measured by short-duration listening tests.6 The concern is instead chronic exposure: research on low-frequency noise exposure indicates that because tonal noise is predictable and repetitive, habituation is incomplete, and sleep disturbance and related effects may persist at exposure levels that would not produce acute complaints — though the epidemiological evidence on this point remains limited in scope.7 2 Low-frequency tones also penetrate building walls and conventional acoustic barriers more effectively than higher-frequency sound. Beginning in April 2023, Williams County, North Dakota officials began receiving noise complaints from residents surrounding the Atlas Power Data Center west of Williston — a high-performance computing and cryptocurrency mining facility — shortly after it became operational.8 The company installed an acoustic barrier as mitigation; complaints continued, and in 2023 residents filed a civil lawsuit citing excessive Page 457 of 517noise, property value impacts, and quality-of-life harms.9 A monetary settlement was reached in 2026.9 According to INVC’s account of the case — a vendor source — the barrier cost approximately $5 million.10 Analysis: INVC attributes the barrier’s failure to the physics of low-frequency tonal noise from cooling fans, which cannot be effectively attenuated by conventional barriers; the Atlas Power facility differs from a colocation data center in operational profile and scale, but the acoustic mechanism implicated — low- frequency blade-pass tones from air-cooled cooling fans — is common to facilities relying on air-cooled heat rejection regardless of workload type. The frequency-dependence of barrier insertion loss is well established in acoustic engineering: barriers provide substantially less attenuation at low frequencies where sound wavelengths are long relative to barrier dimensions.11 Continuous operation. Unlike manufacturing, construction, or most other industrial uses, data centers have no operating hours, no seasonal shutdown, and no production cycles. A data center operates continuously once commissioned.12 Community complaints about data center noise tend to focus on continuity of exposure more than on peak decibel levels.13 A noise source that operates continuously overnight presents a different exposure profile than one with higher peak levels but limited to daytime hours: ambient noise levels drop at night, making the same source more perceptible and more disruptive to sleep at lower absolute levels.14 15 The Applicable Standard and Its Structural Limitations How Minnesota Rule 7030 works Minnesota Rule 7030 is the applicable state noise standard. It is a receiver-based standard: the noise limit that applies depends on the land use at the location of the person or property receiving the sound, not on the zoning of the source property.16 Rule 7030 establishes minimum state standards; a municipality may impose more stringent requirements through conditional use permit conditions or local ordinance under its land use authority. The rule establishes four Noise Area Classifications (NAC). Applicable limits under Rule 7030.0040, Subpart 2 for the three most commonly relevant categories: Day Day Night Night NAC Land Use L50 L10 L50 L10 Residential, schools, medical, 1 60 65 50 55 religious, educational services Page 458 of 517 Day Day Night Night NAC Land Use L50 L10 L50 L10 Commercial, retail, parks, 2 65 70 65 70 professional services Manufacturing, utilities, 3 75 80 75 80 communication, all other 4 Undeveloped land, water areas None None None None Daytime is defined as 7:00 a.m. to 10:00 p.m. Nighttime is 10:00 p.m. to 7:00 a.m.17 L10 is the sound level exceeded 10 percent of the time during a one-hour survey.18 For any proposed data center, the relevant question is what land uses exist in the surrounding area and at what distances. Schools, residences, medical facilities, and places of worship are all NAC 1 receivers under Rule 7030.0050.19 At any NAC 1 receiver, both nighttime limits must be satisfied simultaneously: L50 50 dB(A) and L10 55 dB(A). A measurement showing compliance on L10 alone without reporting L50 does not establish full compliance with Rule 7030. Note: Rule 7030.0050, Subpart 3(A) provides that NAC 1 daytime standards may be applied during nighttime hours if the land use does not include overnight lodging.20 Schools are NAC 1 receivers but typically do not include overnight lodging; where this exception applies, it would relax the nighttime limits at a school receptor to L50 60 dB(A) and L10 65 dB(A) — the daytime NAC 1 standards. Whether this exception or Subparts 3(B) or 3(C) apply at any given receptor depends on building construction and land use present, and should be addressed explicitly in noise study scope. The A-weighting problem Rule 7030 mandates measurement in A-weighted decibels, dB(A), through its incorporation of American National Standards Institute standard S1.4-1983 (ANSI S1.4-1983) by reference.21 A-weighting is a frequency filter applied to sound level measurements to approximate human hearing sensitivity: the human ear is less sensitive to low frequencies at moderate sound levels, so A-weighting progressively attenuates low-frequency content before it is recorded in the measurement. The practical effect for data center noise: A-weighting applies approximately 26 dB of attenuation at 63 Hz, and more than 40 dB of attenuation below 20 Hz, relative to mid-frequency content.22 Analysis: Chiller fan blade-pass tones typically concentrate below 250 Hz, varying by equipment; this range receives the heaviest A-weighting attenuation, meaning it contributes minimally to a dB(A) compliance reading even when present at levels sufficient to generate complaints. Larson Davis, a noise monitoring equipment manufacturer, notes that low-frequency humming “doesn’t contribute much to A-weighted noise levels but is often the source of complaints” — a facility can satisfy Page 459 of 517Rule 7030’s dB(A) requirement while generating tonal low-frequency content that A-weighted measurement systematically underweights.23 This is a structural property of the measurement standard, not a function of facility size. In the context of assessing health effects from low-frequency noise, the World Health Organization concluded in its 1999 community noise guidelines — a foundational reference that predates the current data center proliferation but whose low-frequency findings have not been revised in subsequent WHO guidance — that “since A- weighting underestimates the sound pressure level of noise with low-frequency components, a better assessment of health effects would be to use C-weighting” and that “when prominent low frequency components are present, noise measures based on A-weighting are inappropriate.”2 Rule 7030 requires neither C-weighting nor any supplemental low-frequency measurement. Documented consequence: residents near data centers in Northern Virginia’s Prince William County reported persistent noise complaints while measured levels on residential property were 40 to 59 dB(A) — within applicable limits — with neighbors reporting sleep disruption, difficulty concentrating, and avoidance of outdoor spaces.24 What Rule 7030 does not require Minnesota Rule 7030 contains no requirement for: C-weighted measurement. C-weighting attenuates low frequencies much less aggressively than A- weighting, making it more sensitive to the low-frequency range where chiller fan blade-pass tones concentrate. The World Health Organization recommends C-weighting specifically for noise with prominent low-frequency components.2 Independent acoustic engineers and some jurisdictions have identified C-weighted measurement or octave-band spectral limits as necessary to capture the noise character of data center cooling equipment; A-weighted limits alone have in documented cases failed to address community complaints that persisted within compliance.25 G-weighted measurement. G-weighting, defined by ISO 7196:1995, covers the infrasound range of 1– 20 Hz — below audible hearing but perceptible through bodily sensation at sufficient pressure levels.26 27 Large compressor-based cooling equipment can generate tonal energy that extends into or near the infrasound range; whether any specific installation does so depends on equipment specifications that are not established by a dB(A) noise study alone. Rule 7030 requires neither C-weighted nor G- weighted measurement; a noise study conducted under Rule 7030 therefore provides no spectral characterization of noise in these frequency ranges.28 Octave-band or 1/3-octave-band spectral analysis. Octave-band analysis allows identification of discrete tonal frequencies and their relative contribution to total noise levels. Without it, a compliant dB(A) reading cannot identify which frequencies are present, at what levels, or whether any tonal component is prominent. Analysis: The WHO has identified A-weighting as inappropriate for health- effects assessment of noise with prominent low-frequency components; a noise study reporting only Page 460 of 517 dB(A) compliance therefore provides no basis for evaluating whether chiller fan blade-pass tones are present or at what frequencies. A tonal penalty. ISO 1996-1:2016 defines a framework for adjusting measured noise levels upward — by 3 to 6 dB — when a prominent tone is audible within a noise spectrum.29 The empirical basis for tonal penalties is strongest at mid and high frequencies: laboratory research found annoyance penalties of 0 dB at 50 and 110 Hz, increasing to 12 dB at 2100 Hz.6 Analysis: ISO 1996-1 §6 specifies the adjustment based on tonal audibility without stating a frequency floor; the standard’s text does not exclude low-frequency tones from the adjustment framework. Peer-reviewed literature documents that a number of U.S. municipalities have independently adopted a 5 dB tonal penalty using one-third octave band analysis under ISO 1996-2, applicable to any prominent tone detected by the measurement methodology.29 Minnesota Rule 7030 contains no tonal adjustment provision of any kind. Post-construction verification. Rule 7030 establishes limits but does not require post-construction measurement to confirm that operational noise matches modeled predictions. Post-construction noise monitoring can be required as a CUP condition under the city’s land use authority independently of Rule 7030; the absence of a Rule 7030 requirement does not preclude the city from imposing one. 1. Industrial Noise and Vibration Centre (INVC), “Low-cost high efficiency data center noise reduction,” invc.com (commercial noise remediation consultancy): “One of the most common complaints about data center noise is a low-frequency humming sound that travels long distances. The most common source is the large number of chiller or cooling fans required to control equipment temperatures 24/7. Technically, the hum is caused by the aerodynamic interactions of the fan impellers that may vary in frequency (pitch) as the fan speed changes with temperature.” INVC is cited here for the mechanism description; its characterizations of specific cases are attributed to INVC where used. ↩ ↩ 2. World Health Organization, Guidelines for Community Noise (Berglund, Lindvall, Schwela, eds.), WHO, Geneva, 1999: “Health effects due to low-frequency components in noise are estimated to be more severe than for community noises in general… Since A-weighting underestimates the sound pressure level of noise with low-frequency components, a better assessment of health effects would be to use C-weighting.” The guidelines further specify: “When prominent low frequency components are present, noise measures based on A-weighting are inappropriate.” For sleep specifically: “Low frequency noise, for example, from ventilation systems can disturb rest and sleep even at low sound levels… For noise with a large proportion of low frequency sounds a still lower guideline [than 30 dB(A)] is recommended.” Note: these guidelines were published in 1999 and were written primarily in the context of traffic, aircraft, and general industrial noise. The 2018 WHO Environmental Noise Guidelines for the European Region (see below) build on this framework and do not revise the low-frequency findings. ↩ ↩ ↩ ↩ 3. National Fire Protection Association, NFPA 110, Standard for Emergency and Standby Power Systems (2025 ed.), §8.4.2 and §8.4.6. Required test schedule: monthly 30-minute operational tests at a minimum of 30% of nameplate kW rating (diesel); if a generator does not reach 30% nameplate during monthly testing, an annual supplemental load bank test is required at not less than 50% of nameplate for 30 minutes followed by 75% for 60 minutes (the 2025 edition eliminated the prior 25%/30min step; some jurisdictions may still enforce earlier editions). Level 1 Emergency Power Supply Systems additionally require a comprehensive 4-hour test every 36 months under §8.4.9. Monthly transfer switch operation also required. Plain-language summary: National Fire Protection Association, “An Overview of NFPA 110,” nfpa.org, January 2023: “The emergency power supply system needs to be inspected weekly, exercised monthly, and tested at least once every 36 months.” ↩ ↩ 4. Jubaili Bros, “Generator Noise Control: Enclosures, Silencers, and Acoustic Design,” lb.jubailibros.com, July 2025: “Exhaust systems dominate low-frequency noise between 31.5 Hz and 250 Hz.” Engine firing frequency for a 4-stroke diesel generator is: (number of cylinders ÷ 2) × (RPM ÷ 60); for a 6-cylinder engine at 1800 RPM this yields 90 Hz, at 1500 RPM approximately 75 Hz — both within the low-frequency range where A-weighting applies substantial attenuation. See also Engineering Research (Global Journals), vol. 14 (2014), documenting engine firing rate calculation and 90 Hz fundamental for 6-cylinder, 4-stroke, 1800 RPM generator. ↩ Page 461 of 517 5. C&C Technology Group (data center infrastructure contractor), “Data Center Noise: Effective Strategies for Reduction,” cc- techgroup.com: “Noise levels commonly reach upwards of 90 dB(A) near server areas.” Cited for the internal noise level figure; this is a subsidiary point as the building envelope substantially attenuates this before it reaches the property boundary. ↩ 6. Oliva, D., Hongisto, V., and Haapakangas, A., “Annoyance of low-level tonal sounds — Factors affecting the penalty,” Building and Environment, vol. 123, pp. 404–414, 2017 (peer-reviewed, DOI: 10.1016/j.buildenv.2017.07.017): “Environmental and appliance sounds involving tonal components can be more annoying than broad-band noise… environmental and appliance sounds including tonal components are generally expected to be more annoying than non-tonal sounds with the same A-weighted sound pressure level (SPL).” Note: the same study found that the annoyance penalty was 0 dB below 200 Hz and increased with frequency above 200 Hz, reaching up to 12 dB at 2100 Hz. This frequency-dependence of tonal annoyance is not fully captured by flat penalty values in regulatory standards. ↩ ↩ 7. Griefahn, B., “Effects of low frequency noise on sleep,” Noise & Health, vol. 6, no. 23, 2004, reviewing primary literature including: Persson Waye, K. and Rylander, R. (2001) — in a cross-sectional study of 279 persons, fatigue, difficulty falling asleep, and feeling languid and tensed in the morning were reported significantly more often among those annoyed by low-frequency noise; and Verzini et al. (1999) — among 98 urban subjects exposed to dominant low-frequency noise from installations, air conditioning units, industrial processes, and traffic, energy content of 20–160 Hz was significantly related to sleep disturbance, concentration difficulties, irritability, anxiety, and tiredness. The review concludes: “Low frequency noise (20–200 Hz) is emitted by numerous sources in the society. As low frequencies propagate with little attenuation through walls and windows, many people may be exposed to low frequency noise.” ↩ 8. Williams County, North Dakota, “Williams County Update Regarding Atlas Power Data Center,” press release, June 29, 2023: “Beginning in April 2023, County staff and officials began receiving noise complaints from residents surrounding the Atlas Power Data Center, located west of Williston.” The release confirms $232,000 in code violation fines levied against Atlas Power Holdings ND, LLC, and documents the county’s order for installation of “acoustical panels and security fencing” as a “sight and sound barrier for the site.” Atlas Power’s operational profile — primarily cryptocurrency mining and high-performance computing — is described in KFYR-TV (March 2022) and North Dakota Governor’s office announcement (January 26, 2022). ↩ 9. KFYR-TV (Michael Anthony), “Settlement agreements going out to residents by data center next to Williston,” March 13, 2026: “In 2023, residents filed a lawsuit against the company asking for damages for the noise. They claim it tanked property values and hurt their quality of life. A settlement was reached two years later.” Settlement details are confidential per Atlas attorney Doug Daniels, as stated to Northwest District Court Judge Kirsten Sjue. ↩ ↩ 10. Industrial Noise and Vibration Centre (INVC), “Data Center Noise Regulation: a smarter approach to a global problem,” invc.com (commercial noise remediation consultancy): “This ‘jaw-dropping’ $5 million structure was intended to be the definitive answer. It wasn’t. It was a spectacular failure.” The $5 million cost figure and the characterization of the barrier’s failure originate from INVC’s account of the project. INVC is a commercial acoustics consultancy. The underlying noise complaints, enforcement action, litigation, and settlement are independently confirmed by Williams County government records and KFYR-TV reporting cited above. ↩ 11. The frequency-dependence of acoustic barrier insertion loss is established in standard engineering references. The Maekawa diffraction model (1968) and the Kurze-Anderson formula define insertion loss as a function of the Fresnel number N, which is inversely proportional to wavelength: at low frequencies where wavelengths are long relative to barrier dimensions, N is small and insertion loss is low. As summarized in ScienceDirect Topics, “Noise Barrier,” citing Maekawa (1968) and Kurze-Anderson: barrier attenuation is “fundamentally frequency-dependent” and “high-frequency sound waves with short wavelengths experience greater attenuation because they diffract less efficiently around obstacles.” A 100 Hz tone has a wavelength of approximately 3.4 meters; practical barriers of finite height provide substantially less insertion loss at such frequencies than at mid- or high-frequency content. ↩ 12. Environmental and Energy Study Institute (EESI, a nonprofit policy research organization), “Communities Are Raising Noise Pollution Concerns About Data Centers,” March 23, 2026, eesi.org: “Data centers’ continuous operation means that cooling systems… generate a persistent humming sound around the clock.” ↩ 13. Environmental and Energy Study Institute (EESI, a nonprofit policy research organization), “Communities Are Raising Noise Pollution Concerns About Data Centers,” March 23, 2026, eesi.org: “Complaints about data center noise tend to focus on its 24/7 consistent presence rather than on its volume.” ↩ 14. LSARS (acoustic engineering firm), “Data Center Noise: How Loud, How Far, How to Address,” lsars.com: “Data center noise occurs 24 hours a day, including overnight when ambient noise levels tend to be lower. A 50 dB noise during the daytime may not be annoying, whereas it would be noticeable at nighttime.” Cited for the nighttime ambient principle; corroborated by the WHO 2018 Environmental Noise Guidelines for the European Region cited above. ↩ 15. World Health Organization Regional Office for Europe, Environmental Noise Guidelines for the European Region, WHO/Europe, 2018 (ISBN 9789289053563): nighttime noise limits are established specifically because exposure during sleep hours produces adverse Page 462 of 517 health effects distinct from daytime exposure at equivalent levels; the guidelines identify sleep disturbance as a primary health outcome of environmental noise exposure and establish recommended nighttime Lnight limits. The 2022 updated meta-analysis (PMID 35857401, Environmental Health Perspectives) confirms these findings remain current. ↩ 16. Minnesota Rule 7030.0050, Subpart 1 (Applicability): “The noise area classification is based on the land use activity at the location of the receiver and determines the noise standards applicable to that land use activity.” Published electronically January 27, 2017. Statutory authority: MS s 115.03; 116.07; History: 11 SR 43; 18 SR 614; 41 SR 763. Noise standards table: Minnesota Rule 7030.0040, Subpart 2, published electronically December 12, 2003; statutory authority: MS s 116.07; History: 11 SR 43; 18 SR 614. L50 is the level exceeded 50 percent of the time; L10 is the level exceeded 10 percent of the time during a one-hour survey. ↩ 17. Minnesota Rule 7030.0020 (Definitions). Subpart 3: “Daytime means those hours from 7:00 a.m. to 10:00 p.m.” Subpart 10: “Nighttime means those hours from 10:00 p.m. to 7:00 a.m.” Subpart 7: L10 defined as the sound level, in dB(A), exceeded ten percent of the time for a one-hour survey. Subpart 8: L50 defined as the sound level, in dB(A), exceeded 50 percent of the time for a one-hour survey. Statutory authority: MS s 116.07; History: 11 SR 43; L 1987 c 186 s 15; 18 SR 614. Published electronically December 12, 2003. ↩ 18. Minnesota Rule 7030.0020, Subpart 7 (primary): L10 defined as the sound level, in dB(A), exceeded ten percent of the time for a one- hour survey. Corroborated by Minnesota Pollution Control Agency, “A Guide to Noise Control in Minnesota,” 2008, leg.mn.gov. ↩ 19. Minnesota Rule 7030.0050, Subpart 2: NAC 1 land use activities include “Household Units (includes farm houses),” “Medical and other health services,” “Educational services,” and “Religious activities,” among others. These encompass residences, medical facilities, schools, and places of religious assembly respectively. ↩ 20. Minnesota Rule 7030.0050, Subpart 3(A): “The daytime standards for noise area classification 1 shall be applied to noise area classification 1 during the nighttime if the land use activity does not include overnight lodging.” Subpart 3(B) allows NAC 2 standards to be applied to a NAC 1 building if: (1) the building “is constructed in such a way that there are no openable windows or doors to the outside” and (2) “the interior of the building is air conditioned or mechanically ventilated.” Subpart 3(C) applies NAC 3 standards to a NAC 1 building under the same conditions. Whether any of these subparts apply at a given receptor depends on the physical construction of the building and the land uses present, and is a question noise study scope should address explicitly. ↩ 21. Minnesota Rule 7030.0060 (Measurement Methodology), Subpart 4(B): “Measurements must be made using the A-weighting and fast response characteristics of the sound measuring device as specified in American National Standards Institute S1.4-1983.” Subpart 2 specifies that measuring devices must meet Type 0, I, II, or S specifications under ANSI S1.4-1983. Statutory authority: MS s 116.07; History: 11 SR 43; 17 SR 1279; 18 SR 614. Published electronically December 12, 2003. ↩ 22. A-weighting frequency response values are defined by ANSI S1.4-1983, section 5.1. ANSI S1.4-1983 is incorporated by reference into Minnesota Rule 7030 via Rule 7030.0010. Rule 7030.0020, Subpart 2 defines “A-weighted” by reference to ANSI S1.4-1983 section 5.1. A-weighting correction at 63 Hz is approximately -26.2 dB relative to the 1 kHz reference level; attenuation exceeds 40 dB below 20 Hz. Tabulated values available in IEC 61672-1:2013 (the current successor standard to ANSI S1.4-1983) and in standard acoustical engineering references. ↩ 23. Larson Davis (PCB Piezotronics), “Data Center Noise Monitoring,” larsondavis.com (noise monitoring equipment manufacturer): “Low- frequency humming doesn’t contribute much to A-weighted noise levels but is often the source of complaints.” Cited for the measurement consequence; corroborated by WHO 1999 above. ↩ 24. Neha Gour, Ed Maibach, and Luis Ortiz (George Mason University), “5 ways data centers endanger their local communities and the country as a whole,” The Conversation: “In northern Virginia, some residents have complained about an industrial-scale ‘drone’ or ‘hum.’ Measurements at the data centers that were the subject of complaints found noise levels were between 40 and 59 decibels on residential property. Those noise levels are quieter than a conversation… and not loud enough to damage people’s hearing or violate local noise ordinances.” Note: the article does not cite a primary measurement source for the 40–59 dB(A) figure; the claim is attributed here to the researchers’ account as published in The Conversation, not to underlying measurement data. ↩ 25. Acentech (acoustic engineering consultancy), Alex Odom, “Good Noise Neighbor: Data Center Design for Community Noise,” lab.acentech.com, November 6, 2025: “Some regulations therefore use C-weighted decibels (dBC), which include more low-frequency content.” The article documents an unnamed Virginia jurisdiction where data center cooling equipment noise produced community complaints while operating within A-weighted limits; that jurisdiction subsequently revised its ordinance to clarify that commercial and industrial cooling equipment is not exempt from noise limits. The jurisdiction is not named in the article. Acentech is an independent acoustic consulting firm; this source is not vendor content. ↩ 26. International Organization for Standardization, ISO 7196:1995, “Acoustics: Frequency-weighting characteristic for infrasound measurements”: “Specifies a frequency-weighting characteristic, designated G, for the determination of weighted sound pressure levels of sound or noise whose spectrum lies partly or wholly within the frequency band from 1 Hz to 20 Hz.” ↩ Page 463 of 51727. Baliatsas, C., van Kamp, I., van Poll, R., and Yzermans, J., “Health effects from low-frequency noise and infrasound in the general population: Is it time to listen? A systematic review of observational studies,” Science of the Total Environment, vol. 557–558, pp. 163– 169, 2016 (peer-reviewed systematic review of observational studies, 2000–2015), summarizing Møller and Lydolf (2003): “Low frequency noise in the residential environment is described as a constant, deep and humming/rumbling sound and although complainants perceive it with their ears, the perception of bodily or external vibration is also possible.” The review found associations between LFN exposure and annoyance, sleep-related problems, concentration difficulties, and headache in the adult population. ↩ 28. IEC 61672-1:2013, Electroacoustics — Sound level meters — Part 1: Specifications, §5 (frequency weighting characteristics). IEC 61672-1 is the current international standard defining A, C, and Z frequency-weighting curves for sound level meters, and is the successor standard to ANSI S1.4-1983 incorporated by reference in Minnesota Rule 7030. At 63 Hz: A-weighting applies approximately −26.2 dB of attenuation relative to 1 kHz; C-weighting applies approximately −0.8 dB — a difference of roughly 25 dB at that frequency. A-weighting approximates human hearing sensitivity at moderate levels; C-weighting applies significantly less low- frequency attenuation and is more sensitive to the frequency range where chiller fan blade-pass tones concentrate; G-weighting (defined in ISO 7196:1995) covers the 1–20 Hz infrasound range. ↩ 29. ISO 1996-1:2016, Acoustics — Description, Measurement and Assessment of Environmental Noise — Part 1: Basic Quantities and Assessment Procedures, §6 (adjustment for tonal character): specifies an adjustment of 3 to 6 dB to be added to measured levels when a tone is prominent, depending on tonal audibility. See also Aykol, S. et al., “Effects of noise on mental performance and annoyance considering task difficulty level and tone components of noise,” Environments, MDPI, 2019 (peer-reviewed, PMC6582013): “There is no accepted allowable value for tonal noise, though a 5 dB penalty is incurred in a number of municipalities in the US, when detecting tone in components for a source by using a one-third octave band measurement technique determined by the ISO 1996- 2:2007 standard, Annex D.” ↩ ↩ © 2026 elkriverdatacenter.com · About & Terms of Use Page 464 of 517Home Research & Analysis Applicant's Noise Study and What the City Can Require June 15, 2026 · updated June 17, 2026 · 18 min TL;DR A noise study evaluated solely against Minnesota’s minimum dB(A) standard would demonstrate legal sufficiency — but would not establish whether neighbors will experience noise problems. Independent peer review with a defined scope that goes beyond dB(A) compliance is the most direct pre-approval mechanism for establishing whether the study actually addresses the frequency content most likely to affect nearby residents. Where data center noise has become a sustained community problem the pattern is consistent: approval under minimum standards; complaints after operation begins; measurement under the same standard that failed to predict the problem; voluntary remediation; and regulatory reform — years after the fact. The city’s full negotiating leverage exists before the CUP is granted. After approval, if no enforceable noise conditions are included in the permit, the available mechanism is complaint-based enforcement under the same standard that could not capture the problem in the first place. The Applicant’s Noise Study: What It Will and May Not Show What the study is structured to demonstrate The applicant’s noise study, due at the June 23, 2026 Planning Commission hearing,1 will evaluate the proposed facility against Rule 7030 — the applicable legal standard and the minimum standard a study must satisfy for the CUP noise condition. A study evaluated solely against Rule 7030 would demonstrate dB(A) compliance at required receptor locations, but would not establish whether neighbors will experience noise problems. The four questions below identify what additional information a study must provide to be informative beyond bare legal sufficiency. Whether the submitted study addresses them can be evaluated when it is available. For the reasons described on this page and in Data Center Noise: What It Is and Why Page 465 of 517the Standard Does Not Capture It, dB(A) compliance alone does not resolve the frequency-content questions most relevant to residential neighbors. Margulies, appearing as the applicant of record at the May 26 hearing, characterized the study’s intended scope as follows: the study “will not only say what the noise impact will be on the neighborhood — and hopefully that noise impact will be low, meeting the state standards the city has adopted — but if for any reason there are issues with noise standards it will tell us what type of mitigation is necessary and how to put that mitigation into effect.”2 The study’s stated primary target is Rule 7030 compliance. Methodological questions that determine whether the study is informative beyond bare compliance Four questions determine whether the study provides meaningful information about the actual noise experience of nearby residents and the school, as distinct from a demonstration of legal sufficiency: 1. Spectral content beyond dB(A). Does the study report C-weighted levels, octave-band, or 1/3-octave- band results at sensitive receptors, or only dB(A)? Without spectral data the study cannot characterize whether low-frequency tonal content — the primary complaint mechanism documented at other data center facilities — is present at levels that would affect nearby residents or the school even if dB(A) compliance is confirmed. 2. Load scenario modeled. Is the noise model based on full Phase Two capacity or a lower operational assumption? The Electric Service Agreement (ESA) drafted between Elk River Municipal Utilities (ERMU) and Elk River Capital LLC establishes 23 MW for Phase One and an additional 10 MW for Phase Two, totaling 33 MW at full buildout.3 A study based on a reduced load assumption would understate worst-case operational noise. The noise study should explicitly state the load scenario modeled. 3. Nighttime limit application. Does the study evaluate compliance against the nighttime L10 limit of 55 dB(A) at NAC 1 residential receivers? The facility will operate continuously including during the 10:00 p.m. to 7:00 a.m. nighttime period when the more protective standard applies to household units and other overnight lodging. Compliance during daytime hours does not establish nighttime compliance at residential receptors. 4. Receptor placement. Minnesota Rule 7030.0060, Subpart 1 requires that sound measurements be made “at or within the applicable NAC at the point of human activity which is nearest to the noise source.”4 The rule requires measurement at the nearest point of human activity — not simply at the parcel boundary. Meadowvale Elementary School is classified as NAC 1 under Minnesota Rule 7030.0050, Subpart 2, which places “Educational services” in NAC 1 based on land use activity at the receiver location.5 For a school in NAC 1 that means the school building and outdoor activity areas; for a residence the dwelling and yard. A study should confirm that receptor placement satisfies this requirement not merely that measurement was taken at the property line. Separately the chiller yard is located on the south side of the Page 466 of 517building enclosed by a concrete masonry unit (CMU) wall with planned acoustic treatment.6 The acoustic performance of that enclosure — whether it is modeled as an attenuating barrier or a reflective surface — is a methodological question a peer reviewer should evaluate. Why independent peer review requires a defined scope Independent peer review of the applicant’s noise study at applicant cost is a legally defensible and precedented CUP condition. Chandler, Arizona’s data center noise ordinance, adopted December 5, 2022 following sustained community complaints beginning in 2014 at a data center in the Brittany Heights neighborhood, requires noise study review before and after construction.7 The Chandler ordinance arose from a residential-adjacent siting context; the conditions it establishes are referenced here as documented precedent for the mechanism of independent review, not as a direct factual parallel to the Elk River site configuration. Without independent review built into the entitlement, inadequate noise analysis produces consequences borne by neighbors rather than the applicant — and where no enforceable noise conditions are included in the CUP, the only available remedy is complaint-based enforcement after the fact.8 One noise analysis firm describes the result as “a post-approval nuisance complaint with no enforcement teeth.”9 Peer review only has enforcement teeth if the CUP condition specifies scope. A condition requiring review of “the applicant’s methodology” would authorize a peer reviewer to confirm internal consistency — it would not require the reviewer to evaluate whether the methodology captures the noise content most likely to affect neighbors. Under Minnesota Statutes § 462.3595, Subd. 1, CUP conditions must reflect “standards and criteria stated in the ordinance” — but the city may also attach reasonable conditions based on factual evidence in the public record.10 Analysis: A meaningful peer review condition should specify: C-weighted and octave-band analysis at all sensitive receptors; receptor placement at the chiller yard boundary in addition to property line; full Phase Two capacity load scenario; and nighttime limit evaluation at residential receptors. What the City Can Require, and Why Timing Matters The city’s authority to exceed the state floor Minnesota Rule 7030 establishes minimum statewide noise standards. It is not a ceiling. Minnesota Statutes §§ 462.3595 and 462.357 together authorize municipalities to designate conditional uses by ordinance, to approve them subject to standards and criteria set in that ordinance, and to regulate land uses for the purpose of promoting the public health, safety, morals, and general welfare.11 Municipalities may also incorporate those standards into zoning code through the ordinance amendment process. Page 467 of 517Community Development Director Carlton confirmed at the May 26 hearing that the ordinance amendment process is specifically the vehicle through which the city can establish performance standards for data centers, including noise mitigation requirements.12 Specific conditions with documented precedent The following conditions are supported by precedent in jurisdictions that have addressed data center noise: Pre-construction baseline measurement by an independent acoustician, establishing ambient noise levels at all sensitive receptors before construction begins. Without a pre-construction baseline there is no objective reference point against which post-construction compliance can be verified. Chandler’s ordinance requires baseline measurement as a condition of permit.13 Independent peer review of the applicant’s noise study at applicant cost, with defined scope including: C- weighted and octave-band analysis at sensitive receptors; receptor placement at the chiller yard boundary; full Phase Two capacity (33 MW); and explicit nighttime limit evaluation. Post-construction verification testing by an independent party, at applicant cost, after the facility reaches operational load. Measured results at sensitive receptors to be compared against modeled predictions. A defined remedy trigger — specific exceedance threshold and timeline — must be included for the condition to be enforceable. As LSARS (IOVerge LLC), a commercial noise analysis services firm, documents: “Without these items in the entitlement, the noise problem becomes a post-approval nuisance complaint with no enforcement teeth.”9 Documented timeframes in other jurisdictions include 60 days from occupancy (Albemarle County, Virginia draft ordinance)14 and six months from certificate of occupancy (PennFuture Model Data Center Ordinance).15 Generator load testing restrictions. NFPA 110 requires periodic load testing of emergency generators. Without a CUP condition testing may occur at any hour including nighttime. Chandler’s ordinance limits generator testing to weekday daytime hours with advance notice to adjacent property owners.16 Whether a parallel condition is appropriate for this facility is a question for the city to consider in setting CUP scope. Annual noise monitoring for the first five years of operation, during peak operational periods, with results submitted to the city. Chandler’s ordinance requires annual noise study submission for five years after construction completion.17 This creates a post-approval record and a mechanism for identifying operational changes — such as additional racks or increased load — that alter the facility’s noise profile. The ordinance amendment is the more consequential proceeding Page 468 of 517Ordinance Amendment OA 26-02 (OA 26-02) would add data centers as a conditional use in all I-1 and I-2 industrial zones citywide. As Carlton described at the May 26 hearing, this is a permanent, city-wide change: any parcel in an I-1 or I-2 zone would be eligible for a data center application upon adoption.18 As of the May 26 hearing, no draft ordinance language for the new § 30-1293(d) section had been presented to the Planning Commission. The standards discussed — size, cooling method, noise mitigation, screening, setbacks — were identified as potential elements, not adopted requirements.19 The CUP governs one facility at one location. The ordinance, as Carlton confirmed, governs every future data center application in every I-1 and I-2 zone in Elk River.18 As of the May 26 hearing, no size caps, aggregate capacity limits, or noise thresholds had been drafted into the ordinance text.19 Analysis: An ordinance that designates data centers as a conditional use without specifying noise performance standards establishes no baseline against which a future applicant’s proposal must be evaluated; any conditions exceeding Rule 7030 compliance would require negotiation on each individual CUP application, with no binding floor established in the zoning code.10 The window for requiring more protective standards The documented pattern in jurisdictions where data center noise became a sustained community problem follows a consistent sequence: approval under minimum standards; community complaints after operation begins; measurement under the same standards that failed to predict the problem; voluntary operator remediation such as acoustic shrouds or louvres — which instrumentation and measurement authorities describe as ineffective against low-frequency tonal content, a frequently documented complaint source20 — and eventual regulatory reform years after the fact. In Chandler, Arizona, complaints began in 2014. Regulatory reform occurred in 2022 — eight years later.21 In Prince William County, Virginia, the county noise ordinance exempted heating, ventilation, and air conditioning (HVAC) equipment from regulation entirely; Amazon eventually added acoustic shrouds voluntarily.22 23 The county board removed the HVAC exemption in February 2023, with supervisors describing the ordinance change as a first step.24 The city’s full negotiating leverage — the ability to require specific noise analysis, impose enforceable conditions, and establish verification mechanisms — exists before the CUP is granted. After approval, where no enforceable noise conditions are included in the permit, the available mechanism is complaint- based enforcement under the same standard that could not capture the problem in the first place. 1. Zack Carlton, Community Development Director, City of Elk River, May 26, 2026 Planning Commission hearing (diarized transcript): “I’m talking with the applicant; he is working to prepare a noise study, which will be ready for the June 23rd, 2026 planning commission meeting.” ↩ Page 469 of 517 2. Michael Margulies, May 26, 2026 Planning Commission hearing (diarized transcript): “The noise study will not only say what the noise impact will be on the neighborhood — and hopefully that noise impact will be low, meeting the state standards the city has adopted — but if for any reason there are issues with noise standards, it will tell us what type of mitigation is necessary and how to put that mitigation into effect.” ↩ 3. Elk River Municipal Utilities / Elk River Capital LLC, Market-Based Electric Service Agreement for 19178 Industrial Boulevard NW (Revised), executed 2026: Section 5.2 establishes capacity at 23 MW for Phase One and an additional 10 MW for Phase Two (33 MW total at full buildout); Section 5.7 states ERMU has no obligation to upgrade its facilities for any electric load above the design load level detailed in Section 5.2. Document on file, Elk River Municipal Utilities; also entered into the public record of ERMU Board proceedings, May 2026. ↩ 4. Minnesota Rule 7030.0060 (Measurement Methodology), Subpart 1: “Measurement of sound must be made at or within the applicable NAC at the point of human activity which is nearest to the noise source. All measurements shall be made outdoors.” Statutory authority: MS s 116.07; History: 11 SR 43; 17 SR 1279; 18 SR 614. Published electronically December 12, 2003. ↩ 5. Minnesota Rule 7030.0050 (Noise Area Classification), Subpart 1: “The noise area classification is based on the land use activity at the location of the receiver.” Subpart 2 table: “Educational services” is listed under NAC 1. Statutory authority: MS s 115.03; 116.07; History: 11 SR 43; 18 SR 614; 41 SR 763. Published electronically January 27, 2017. The Meadowvale Elementary School parcel is separately confirmed as R-1 Single Family Residential under the City of Elk River Zoning Map (adopted October 3, 2022).25 ↩ 6. Nedal Abdul-Hajj, May 26, 2026 Planning Commission hearing (diarized transcript): “We tried to strategically place them in the corner, as you see in the rendering, which is the furthest away from the residential component and kind of blocked by the building. We’ve also shown an acoustical CMU concrete wall that surrounds the chiller yard, which will ultimately be added with acoustical treatments once we get the sound engineer’s mitigation recommendations.” ↩ 7. City of Chandler, Arizona, Ordinance No. 5033, adopted unanimously December 5, 2022, effective January 5, 2023. Zoning code: Chapter 35, Section 2214. See also City of Chandler, “Chandler’s data center ordinance now in effect,” January 11, 2023. ↩ 8. Environmental and Energy Study Institute, “Communities Are Raising Noise Pollution Concerns About Data Centers,” March 23, 2026, eesi.org: “Because there is a lack of reliable data from sound level meters and because most county or community noise ordinances are written to address noisy block parties (rather than data centers), most noise complaints go nowhere.” Kyle Hart of the National Parks Conservation Association is quoted: “because data center noise spans multiple frequency ranges, particularly in the low- frequency range, it is difficult to measure with a decibel meter and without reliable measurements it is difficult to enforce local noise ordinances for nearby residents.” ↩ 9. LSARS (IOVerge LLC), a commercial noise analysis services firm, “Data Center Noise: How Loud, How Far, How to Address,” lsars.com: “Without these items in the entitlement, the noise problem becomes a post-approval nuisance complaint with no enforcement teeth.” The checklist items referenced include: baseline ambient measurement, predicted operational noise at sensitive receptors, compliance analysis, specified mitigation conditions, post-construction verification testing, and a defined remedy if measured noise exceeds predicted levels. ↩ ↩ 10. League of Minnesota Cities, “Land Use: Conditional Use Permits,” lmc.org: “Cities may only grant CUPs for uses specifically listed in the zoning ordinance as conditional uses in a particular zoning district.” And: “A zoning ordinance typically details general standards that apply to all conditional uses… If a proposed conditional use satisfies both the general and specific standards set out in the zoning ordinance, the applicant is entitled to the conditional use permit.” Under § 462.3595, each CUP applicant must show their proposal satisfies “the standards and criteria stated in the ordinance” — conditions not written into the ordinance as standards must be negotiated case-by-case. ↩ ↩ 11. Minnesota Statutes § 462.3595 (Conditional Use Permits), History: 1982 c 507 s 25; 2005 c 4 s 110. Subd. 1: “The governing body may by ordinance designate certain types of developments… as conditional uses under zoning regulations. Conditional uses may be approved… by a showing by the applicant that the standards and criteria stated in the ordinance will be satisfied. The standards and criteria shall include both general requirements for all conditional uses, and insofar as practicable, requirements specific to each designated conditional use.” Subd. 3: a conditional use permit “shall remain in effect as long as the conditions agreed upon are observed.” The authority to set conditions — including performance standards exceeding state minimums — flows from the ordinance standards and criteria required by Subd. 1, and is grounded in the general municipal zoning authority of Minnesota Statutes § 462.357, Subd. 1: “For the purpose of promoting the public health, safety, morals, and general welfare, a municipality may by ordinance regulate… the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes.” History: 1965 c 670 s 7 (as amended through 2024 c 85 s 104). ↩ 12. Zack Carlton, May 26, 2026 Planning Commission hearing (diarized transcript): “Through the ordinance amendment process is where the city can establish different limitations or performance standards for a specific use. In this case some examples could be size, Page 470 of 517 cooling methods, noise mitigation, screening both visually and with noise, lighting, setbacks from property lines, setbacks from residential areas.” ↩ 13. City of Chandler, Ordinance No. 5033 (2022), Chapter 35, Section 2214. City of Chandler, “Chandler’s data center ordinance now in effect,” January 11, 2023: “Requires a pre-construction sound study to establish noise baseline with results provided to residents prior to a scheduled neighborhood meeting.” Noise mitigation must “ensure noise levels from a data center does not exceed levels observed during baseline study” — the baseline becomes the operative noise limit. ↩ 14. Albemarle County, Virginia, draft data center ordinance (2025; process indefinitely paused October 1, 2025), published at engage.albemarle.org: “Post-construction sound study within 60 days of occupancy or upon request. Mitigation measures are required if limits are exceeded.” engage.albemarle.org/data-center-regulations ↩ 15. PennFuture, Model Data Center Ordinance (pennfuture.org): “An as-built sound study shall be conducted six months after issuance of the certificate of occupancy and prior to the final escrow release for any land development phase. An as-built sound study may also be required thereafter by the [municipality]. If it is determined by the as-built sound study that there is a violation of the aforesaid noise limits, it shall be considered a violation of this [ordinance].” pennfuture.org/Files/Admin/Model-Data-Center-Ordinance(1).pdf ↩ 16. City of Chandler, Ordinance No. 5033 (2022), Chapter 35, Section 2214. City of Chandler, “Chandler’s data center ordinance now in effect,” January 11, 2023: “Establishes backup generator routine maintenance and testing time limitations, including notification protocol.” ↩ 17. City of Chandler, Ordinance No. 5033 (2022), Chapter 35, Section 2214. City of Chandler, “Chandler’s data center ordinance now in effect,” January 11, 2023: “Requires the data center to conduct an annual noise study during peak operation times for five years once construction of the data center is complete.” ↩ 18. Zack Carlton, May 26, 2026 Planning Commission hearing (diarized transcript): “In this case I-1 and I-2 — a data center could be allowed in any parcel within those two zoning districts.” ↩ ↩ 19. Zack Carlton, May 26, 2026 Planning Commission hearing (diarized transcript): Standards discussed as potential elements of the ordinance — “size, cooling, noise mitigation, screening, lighting, setbacks, etc.” — were presented as illustrative, not as adopted requirements. No draft § 30-1293(d) language was submitted to the commission. ↩ ↩ 20. Larson Davis (division of PCB Piezotronics, Inc., a subsidiary of Amphenol Corporation), “Data Center Noise Monitoring,” larsondavis.com: “Low-frequency tones from data centers (fan hum) are often particularly bothersome because they are not reflected well in A-weighted measurements (a common frequency weighting applied to noise measurements that attenuates low-frequency noise). Low frequency humming doesn’t contribute much to A-weighted noise levels but is often the source of complaints.” Larson Davis distinguishes mid- and high-frequency broadband noise — addressable by traditional acoustic barriers — from low-frequency tonal content, for which A-weighting systematically underrepresents the problem. Industrial Noise and Vibration Centre (INVC), a UK- based noise remediation consultancy, further characterizes acoustic louvres as providing “virtually none” attenuation at low frequencies and states that “neither of these options can attenuate the classic data center hum.” 26 ↩ 21. Environmental and Energy Study Institute, “Communities Are Raising Noise Pollution Concerns About Data Centers,” March 23, 2026, eesi.org: Complaints in Chandler began in 2014; city adopted zoning code amendment in 2022. ↩ 22. Data Center Dynamics, “Prince William residents complain of ‘catastrophic noise’ from data centers,” July 19, 2022: “The Prince William County board specifically excluded air-conditioning noise from regulation in a 1989 ordinance… As a result, the County has no legal ability to control noise at any level from data center cooling equipment.” ↩ 23. Environmental and Energy Study Institute, “Communities Are Raising Noise Pollution Concerns About Data Centers,” March 23, 2026, eesi.org: “Amazon, the owner of some of the facilities, has decided to retrofit its data centers with acoustical shrouds as part of its noise-reduction efforts.” ↩ 24. Prince William County Board of County Supervisors, Ordinance 23-07, adopted February 28, 2023 (7–1 vote), amending County Code Section 14.4(b) to remove the commercial HVAC nighttime noise exemption with a one-year sunset clause. Board Chair Ann Wheeler stated: “This is just a first step, that’s why it had a sunset clause in it. This was the quickest, easiest thing we could do, which was take away the exemption for commercial air conditioning at night.” Brentsville Supervisor Jeanine Lawson described it as “a great first step.” Sources: pwcva.gov official news release, “Prince William Board of County Supervisors Votes to Initiate Amendments to County Code Regarding Data Centers,” February 28, 2023; and “Prince William board moves to lessen data center hum,” Inside Nova, March 8, 2023. ↩ 25. City of Elk River, Zoning Map (adopted October 3, 2022), elkrivermn.gov: Meadowvale Elementary School parcel is classified R-1 Single Family Residential. elkrivermn.gov/DocumentCenter/View/368/Zoning-Map-1032022 ↩ Page 471 of 51726. Industrial Noise and Vibration Centre (INVC), a UK-based noise remediation consultancy, “Low-cost high efficiency data center noise reduction,” invc.com: “Acoustic louvres typically provide modest attenuation (virtually none at low frequencies)… Neither of these options can attenuate the classic data center hum.” INVC distinguishes two noise types: mid/high-frequency broadband (addressable by barriers and louvres) and low-frequency tonal hum (not addressable by conventional methods). ↩ © 2026 elkriverdatacenter.com · About & Terms of Use Page 472 of 517June 23, 2026 Elk River Planning Commission Elk River City Council 13065 Orono Parkway Elk River, MN 55330 Re: Ordinance Amendment OA 26-02 and Conditional Use Permit CU 26-05 — Data Center, 19178 Industrial Boulevard NW Dear Chair, Commissioners, Mayor, and Council Members, I've spoken at every public hearing on this application since it was introduced. I’d like to thank city staff along with the planning commission and council for their efforts so far in drafting an ordinance on this important topic. I'm submitting this written comment to put the technical and procedural concerns below into the record ahead of the July 6 City Council vote. The points are organized in six sections: changes to the draft ordinance since the June 18 version; the noise study's technical adequacy; a mismatch between the facility's backup generation capacity and its stated backup requirement; the comparability of the two setback precedent facilities; a gap in the decommissioning provision; and a set of process questions I'd ask staff and the City Attorney to address before the vote. To be clear, I continue to request that OA 26-02 be denied. In its place, I'm asking for two things: a moratorium, and a task force with broad representation, given the time and mandate to study this issue and produce comprehensive guidance addressing how modern data center equipment affects our communities. 1. Changes to the Draft Ordinance Since June 18 The version dated June 22, 2026 differs from the June 18 version in three respects that weaken enforcement, and two that strengthen it. Both versions are in the record; I'd ask that this comparison be considered alongside them. Weakened. The June 18 draft required a noise study "[p]rior to application 1 ." The June 22 draft requires the same study "[p]rior to approval 2 ." This moves the noise study from a completeness requirement — gating whether the application is accepted — to a pre-decision requirement that does not gate the statutory clock under Minn. Stat. § 15.99. Weakened. The June 18 draft required that "[d]ocumentation of the [MPCA/EPA] review must be submitted with the application" and that, if an environmental review is found necessary, "it must be completed prior to submittal of a Conditional Use Permit Application 3 ." Both provisions are absent from the June 22 draft, which requires only that generator systems "comply with applicable [MPCA] and [EPA] emissions standards," with no submission or pre-application timing requirement attached 4 . Page 474 of 517Weakened. The June 18 draft required that, where post-construction noise exceeds permissible levels, remediation "must be completed within 6 months of the date of review 5 ." The June 22 draft requires the applicant to "develop and submit for review and approval, mitigation measures," but no longer specifies a completion deadline of any kind 6 . Strengthened. The June 22 draft adds Z-weighted (dBZ) measurement alongside A-weighted and C-weighted measurement 7 . Z-weighting is unweighted across the audible spectrum and captures low-frequency content that C-weighting still partially discounts. *Analysis: this addresses the choice of weighting curve, not the resolution, load-point coverage, or measured-versus-assumed defects identified in Section 2 below — it is a real addition, but does not by itself make the spectral reporting requirement adequate.* Strengthened. The June 22 draft makes low-frequency noise and vibration an independent basis for both the mitigation requirement and the post-construction compliance trigger, separate from MPCA dB(A) compliance 8 . This is the first point at which the ordinance text decouples low-frequency adequacy from bare Rule 7030 compliance, and I'd ask that it be preserved and built on rather than narrowed in any further revision. 2. The Noise Study Falls Short of the Manufacturer's Specification and Recognized Acoustic Methodology The ordinance's own text requiring "full frequency spectra to identify low-frequency and tonal components" is broad enough that the submitted study likely satisfies it as written — A-weighted, C-weighted, and now Z-weighted measurements are themselves integrations across the full audible range, and the study reports all three. That is the underlying problem: the ordinance's current language sets a bar low enough to clear without producing the band-by-band data needed to evaluate tonal content, and the submitted study falls short not of that bar, but of standards the equipment manufacturer and the acoustic engineering field already treat as necessary for this purpose. A. The submitted study falls short of what the equipment manufacturer's own specification calls for. The chillers specified for this project are York model YVFA0459 air-cooled screw chillers 9 . York's published guide specification for this chiller line states, in relevant part: "A. Provide acoustical sound power or sound pressure level data in decibels (dB) at the scheduled eight (8) octave band center frequencies. A-weighted sound data alone is not acceptable. B. Provide all sound power or sound pressure level data at 100%, 75%, 50%, and 25% load. C. Supplied equipment shall not exceed scheduled sound power or sound pressure level data at any load point... D. Acoustical performance ratings shall be in accordance with AHRI Standard 370. 10 " Page 475 of 517The submitted noise study (ESI Engineering, Project P3205, June 16, 2026) reports chiller sound data at one load point — 100% load, 101.4°F ambient — not the four points the manufacturer's own specification calls for 9 . The study further states that the 31.5 Hz octave band was not measured for this equipment: "[b]ased on measurement data we have for similar chillers, we assumed the chiller sound level at the 31.5 Hz octave band was equal to the level at 63 Hz 9 ." Analysis: the manufacturer's own specification exists in part because A-weighted summary data is not adequate to characterize this equipment's low-frequency tonal output; the study that the city's draft ordinance treats as the basis for the noise condition does not meet that specification's own stated minimum. B. Spectral resolution and receptor coverage are partial — and inconsistent with the study's own baseline methodology. The study's baseline ambient noise analysis used 1/3-octave-band data to identify and attribute specific noise sources: "[b]ased on a review of the hourly noise level results at ⅓ octave band frequencies, traffic produced the loudest levels in the 400 Hz to 2,000 Hz range," and separately, the 4:00 a.m. exceedance at the residential receiver "was caused by trains 11 ," a conclusion likewise reached "based on... the noise level results at ⅓ octave band frequencies 11 ." The calculated equipment noise results presented in Section D of the study, by contrast, report only 1/1-octave-band data — a coarser resolution than ANSI S12.9 Part 4 and ISO 1996-2 Annex C call for in tonal-penalty assessment — at just two single bands (31.5 Hz, 63 Hz), and apply that analysis to only three of the nine receiver locations evaluated in the study 12 . The remaining six receivers — including locations near Meadowvale Elementary and Aegir Brewery, both of which show zero or near-zero compliance margin in the study's own results 13 — receive no spectral characterization at all. Analysis: the study demonstrates that 1/3-octave-band analysis was both available to ESI and methodologically necessary for identifying frequency-specific noise sources at the baseline stage — that is how they determined trains, rather than something else, caused the 4:00 a.m. exceedance. The same resolution is not applied to the calculated data center equipment noise, which is the subject the study exists to evaluate. A study that uses finer resolution to characterize background traffic and trains than to characterize the facility's own chillers and generators has not demonstrated a resolution limitation — it has demonstrated a choice. C. Suggested replacement language for the ordinance, drafted to close this gap as a reporting requirement. I'd recommend the following language, drafted to function as a reporting and disclosure requirement rather than a numeric compliance standard, consistent with the principle that Minn. Stat. § 116.07, Subd. 2(c) preempts local noise standards that compete with Rule 7030's numeric thresholds but does not address study methodology: "The study must report sound pressure or sound power levels in 1/3-octave bands, per ANSI S12.9 Part 4 or ISO 1996-2 Annex C, at all load points for which the equipment manufacturer publishes acoustical performance data, and at every receptor location identified in the study. For each reported band, the study must state whether the value is a Page 476 of 517 direct measurement or a manufacturer-sourced rating; any band level that is assumed, interpolated, or extrapolated rather than measured or manufacturer-sourced must be identified as such, with the basis for the value stated. The study must also report the results of a narrow-band tonal audibility analysis per ISO/TS 20065, alongside integrated A-weighted (dBA), C-weighted (dBC), and Z-weighted (dBZ) measurements." Analysis: this version requires disclosure of what was measured, how, and at what resolution, without the ordinance text itself setting a pass/fail spectral threshold — the City retains the ability to act on what the disclosure shows through the existing CUP conditioning and revocation mechanism, without creating an alternative numeric noise standard in the ordinance text. D. The study omits the emergency scenario most relevant to nearby residents. The study's stated methodology is that "[a]ll the chillers may run continuously during daytime and nighttime hours[, but o]nly one generator will ever run at a time for maintenance, and only during daytime hours 14 ." Calculated results are reported only for "chillers only" and "chillers and one genset" conditions; no scenario models all ten generators operating simultaneously 13 , which is what an actual utility outage or grid disturbance would require, given that the facility's backup generation is sized to less than full load (Section 3 below). Combined with the resolution gap in Section 2.B, the city currently has no spectral data describing what nearby residents would experience during the kind of event the backup generation system exists to handle. E. The 31.5/63 Hz design goal is an indoor criterion applied to an outdoor design problem. The study's low-frequency design goals — 80 dB at 31.5 Hz and 84 dB at 63 Hz, measured outdoors at residential receivers — are derived as follows: "[a]ccording to ASHRAE, indoor noise levels of more than 65 dB at 31.5 Hz, and 69 dB at 63 Hz, are likely to generate vibration that may be perceptible[, with a] slight possibility of rattles in light fixtures, doors, windows, etc. 15 " The study adds an assumed 15 dB of building attenuation to those indoor thresholds to produce the 80/84 dB outdoor figures 15 . Analysis: the ASHRAE Room Criterion Mark II curve cited here is a diagnostic threshold for whether mechanical-system noise generated inside a building will cause perceptible structural vibration or rattle to building occupants — a property-condition and occupant-comfort metric, not a community health or sleep-disturbance criterion. Applying it to noise generated outside a building and received by residents in neighboring homes substitutes a metric built for a different problem. The 15 dB building-attenuation figure used to convert the indoor threshold to an outdoor design goal is also not established for the specific residential structures at the affected receiver locations; low-frequency sound transmission loss through residential building envelopes is not uniform across construction types, and facade attenuation figures are typically characterized at frequencies well above 63 Hz. Page 477 of 517F. The equipment site plan exists and was used, but is not in the public record. The study's stated design conditions include "[e]quipment site plan received [by ESI] May 21, 2026 16 ," used as an input to the noise modeling. This document has not been made part of the public record for this proceeding and I'd ask that it be added. 3. The Backup Generation Capacity Does Not Match the Facility's Stated Backup Requirement At the May 26, 2026 Planning Commission hearing, ERMU General Manager Mark Hanson stated: "[t]ypically data centers run at about 80 percent... They will also have 100 percent backup generation — that is also a requirement in the agreement 17 ." The generators specified for this facility are ten Cummins model DQKAN units rated at 2,500 kW each 18 — confirmed in the City's own written Q&A response as "10 generators[, each a] 2,500 KW Cummins Diesel Generator 19 ." Ten units at 2,500 kW total 25 MW. Against the facility's stated 33 MW maximum design capacity 20 , that is 75.8% coverage — a 24.2% (8 MW) shortfall relative to the facility's full nameplate load, before any reduction for generator redundancy (an N+1 configuration, holding one unit in reserve, would reduce available backup to 22.5 MW, a 31.8% shortfall). Analysis: I'd ask the City to clarify, on the record, whether the ESA's "100 percent backup generation" requirement is measured against the facility's full 33 MW nameplate capacity or against the approximately 80% typical operating load Mr. Hanson separately described. If the latter — roughly 26.4 MW — the installed 25 MW of backup capacity is a closer, though still short, match. As stated, the 25 MW of installed backup capacity does not provide 100 percent backup against the facility's permitted maximum load under either reading, and I'd ask that this be resolved and stated plainly before final action. 4. The Two Comparator Facilities Used to Justify the Setback Are Not Comparable on Three Independent Measures Staff's stated basis for the ordinance's setback standards is that "[t]he two existing data centers have more than 50 homes within 750 feet of their boundaries... The city receives very few complaints regarding their operation 21 ." I'd ask the Commission and Council to weigh that track record against three respects in which the comparator facilities differ from the one proposed. Age and equipment generation. The City's own written Q&A response states that "[t]he existing data centers were constructed in 2006 and 2007 with design capacities of 10 MW and 20 MW[, and] are approximately 160,000 SF and 240,000 SF in size 22 ." Both facilities are Page 478 of 517roughly 19–20 years old, predating the dry, air-cooled chiller technology proposed for this project. Power density. Dividing the City's own published figures: the existing 10 MW / 160,000 SF facility operates at approximately 62.5 W/SF; the existing 20 MW / 240,000 SF facility at approximately 83.3 W/SF. The proposed facility, at 33 MW design capacity in approximately 60,000 SF 22 , operates at approximately 550 W/SF — roughly 6.6 to 8.8 times the power density of the two facilities cited as precedent for the setback standard. Cooling technology. Satellite and street-level imagery of both existing facility sites shows water tanks paired with cooling-tower fan cells, consistent with water-cooled cooling tower equipment rather than the dry, air-cooled chillers proposed for this project. *Analysis: I have not independently confirmed via permit or water-billing records whether this is open evaporative cooling (consumptive) or a closed-circuit fluid cooler; I'd ask the City to clarify the cooling system type for both existing facilities for the record, given that the draft ordinance's zero-consumptive-water mandate is being applied to a facility design that may differ materially from the precedent facilities on this point as well.* None of the three factors that most directly drive a facility's noise emission, thermal output, and water consumption profile — age and equipment generation, power density, and cooling technology — match between the precedent facilities and the one under consideration. A low-complaint history from a fundamentally different equipment generation is not, on its own, a sufficient basis for setting the setback standard that will apply citywide under OA 26-02. 5. The Decommissioning Provision Has No Funding Mechanism The draft ordinance requires only that "[t]he applicant submit[] a decommissioning plan... outlining the estimated decommissioning timeframe, costs, and procedures 23 ." No bond, escrow, letter of credit, or other security instrument is required to back that estimate. The Electric Service Agreement between ERMU and Elk River Capital LLC addresses what happens if the developer does not proceed: "[i]f the Customer does not proceed with the Project, ERMU is not obligated to return any of the dollars that ERMU has already spent or encumbered as Infrastructure Costs... [t]he Customer will be responsible for windup and/or decommissioning costs 24 ." That is a contractual assignment of responsibility, not a funding mechanism. By contrast, the same agreement requires the Customer to post a letter of credit or cash deposit the moment two payments are missed in a contract year 25 , and sets a $1,000,000-per-year early termination payment for default on the power supply agreement 26 — both instruments protect ERMU's revenue interest specifically; neither protects the City's interest in not inheriting an abandoned facility containing ten chillers, ten diesel generators, and on-site fuel storage. Elk River Capital LLC is a single-purpose entity formed April 4, 2026, with no operating or asset history independent of this project. I'd ask the City to consider requiring that the Page 479 of 517decommissioning plan's estimated cost be secured by a bond, escrow account, or irrevocable letter of credit payable to the City, with the estimate subject to periodic reappraisal over the life of the facility, and a triggering mechanism — extended cessation of operations, change of ownership, or bankruptcy — requiring the security to be posted or increased rather than relying on voluntary performance by whatever entity holds the property at that time. 6. Questions for Staff and the City Attorney Before July 6 Two procedural questions raised by the above sections are appropriately resolved by staff and counsel rather than asserted by me as settled: Completeness mechanism for noise study deficiencies. I'd ask whether a future requirement that a conforming noise study be a required submittal for CUP application completeness — resolved during the City's statutory completeness review under Minn. Stat. § 15.99, before the decision clock begins — is one the City would consider for applications submitted after OA 26-02 is adopted. Separately, for applications already deemed complete, I'd ask whether the City has authority to condition final CUP approval on submission of a supplemental or corrected study where the original is found deficient against the ordinance's reporting requirements, without affecting the § 15.99 deadline. Whether the statutory deadline can be tolled by a request for supplemental information. I'd ask the City Attorney to clarify whether Minn. Stat. § 15.99 permits the City to formally request supplemental information from an applicant and toll the decision deadline while awaiting a response, as a mechanism distinct from the completeness determination itself. If such a mechanism exists, it may be the most relevant tool available for addressing the noise study deficiencies described in Section 2 within the time remaining before the August 25, 2026 statutory deadline. Thank you for your consideration of these points. Respectfully submitted, Jesse Lang 19371 Upland St NW Page 480 of 517Notes 1. Draft Ordinance (June 18, 2026 version), § (d)(5)(e)(1): "Prior to application, a noise study completed by a third-party engineer must be submitted demonstrating that the operations of the Data Center facility will comply with MPCA noise standards." 2. Draft Ordinance (June 22, 2026 version), § (d)(5)(e)(1): "Prior to approval, a noise study completed by a third-party engineer must be submitted demonstrating that the operations of the Data Center facility will comply with MPCA noise standards." 3. Draft Ordinance (June 18, 2026 version), § (d)(5)(f)(3)-(4): "All generator systems must comply with applicable [MPCA] and [EPA] emissions standards. Documentation of the review must be submitted with the application. If the MPCA or EPA determine that an environmental review is necessary, it must be completed prior to submittal of a Conditional Use Permit Application." 4. Draft Ordinance (June 22, 2026 version), § (d)(5)(f)(3): "All generator systems must comply with applicable [MPCA] and [EPA] emissions standards." No submission or pre-application timing requirement is stated in this or any subsequent subsection. 5. Draft Ordinance (June 18, 2026 version), § (d)(5)(e)(1)(f): "the applicant shall be required to develop and submit for review and approval, mitigation measures to bring noise levels below acceptable limits. The work must be completed within 6 months of the date of review." 6. Draft Ordinance (June 22, 2026 version), § (d)(5)(e)(1)(f): "the applicant shall be required to develop and submit for review and approval, mitigation measures to bring noise levels within acceptable limits." No completion deadline is stated. 7. Draft Ordinance (June 22, 2026 version), § (d)(5)(e)(1)(e): "The study must include A-weighted (dBA), C-weighted (dBC) and Z-weighted (dBZ) measurements, with full frequency spectra to identify low-frequency and tonal components." 8. Draft Ordinance (June 22, 2026 version), § (d)(5)(e)(1)(d) and (f): mitigation measures must "minimize disturbance caused by low-frequency noise and vibrations," and the post-construction compliance trigger fires where "mitigation measures to address low-frequency noise or vibrations are inadequate," independent of perimeter dB(A) compliance. 9. ESI Engineering, "Summary Report for Data Center Noise Control," Project P3205, prepared for Elk River Capital, June 16, 2026 (ver. 2), p. D-1: "York performance report for the ten model YVFA0459, 550 nominal ton air-cooled screw chillers... The York report provided unit sound power levels at each octave band frequency from 63 Hz to 8,000 Hz, which sum to an overall level of 105 dBA for the 100% load, 101.4°F ambient temperature condition. Based on measurement data we have for similar chillers, we assumed the chiller sound level at the 31.5 Hz octave band was equal to the level at 63 Hz." 10. York / Johnson Controls, "Model YVFA Air-Cooled Liquid Chillers With VSD Screw Compressor and Integrated Free Cooling," Page 481 of 517 (https://gfg.com.pk/gac/wp-content/uploads/2021/02/201.31-EG1.pdf) Engineering Guide Specification, § 2.07 (Acoustical Data). 11. ESI Engineering, P3205, June 16, 2026 (ver. 2), p. C-5: "Based on a review of the hourly noise level results at ⅓ octave band frequencies, traffic produced the loudest levels in the 400 Hz to 2,000 Hz range. This noise was dominant during both daytime and nighttime hours... Based on a review of the weather conditions, the audio recordings, and the noise level results at ⅓ octave band frequencies, the L10 exceedance during the 4:00 AM hour was caused by trains." 12. ESI Engineering, P3205, June 16, 2026 (ver. 2), p. D-2 and Table D-3, p. D-12: nine receiver locations (A through I) evaluated; 1/1-octave low-frequency analysis (31.5 Hz, 63 Hz, dBC-dBA) reported only for Locations A, B, and C. 13. ESI Engineering, P3205, June 16, 2026 (ver. 2), Table D-2, p. D-7: Location D (NAC 1) calculated at 60 dBA against a 60 dBA daytime limit with chillers and one genset; Location G (NAC 2) calculated at 63 dBA against a 65 dBA limit under both chillers-only and chillers-plus-genset conditions. 14. ESI Engineering, P3205, June 16, 2026 (ver. 2), p. iii: "Ten chillers and ten emergency power generators will be installed at the existing building... All the chillers may run continuously during daytime and nighttime hours. Only one generator will ever run at a time for maintenance, and only during daytime hours." 15. ESI Engineering, P3205, June 16, 2026 (ver. 2), p. D-1: design condition 2, "[m]aximum project design goals for NAC 1 residential receivers of 80 dB at 31.5 Hz and 84 dB at 63 Hz." Derivation per ESI staff narrative, citing the 2023 ASHRAE Handbook of HVAC Applications, Ch. 49, Room Criterion (RC) Curves, Mark II: indoor noise levels above 65 dB at 31.5 Hz and 69 dB at 63 Hz "are likely to generate vibration that may be perceptible," with residential buildings assumed to provide approximately 15 dB of attenuation at these frequencies to derive the outdoor design goals. 16. ESI Engineering, P3205, June 16, 2026 (ver 2), p. D-1: design condition 5, "[e]quipment site plan received May 21, 2026." 17. Mark Hanson, General Manager, Elk River Municipal Utilities, Planning Commission hearing, May 26, 2026 (diarized transcript), 00:19:28: "Typically data centers run at about 80 percent. The requester could provide a more accurate answer. 80 percent of requested load. They will also have 100 percent backup generation — that is also a requirement in the agreement." 18. ESI Engineering, P3205, June 16, 2026 (ver. 2), p. D-2: "Cummins specification sheet for the ten 2,500 kW model DQKAN diesel generator sets... each genset produces overall sound power levels of 128 dBA radiated from the unit, and 133 dBA at the open exhaust." 19. City of Elk River, "Written Responses to Public Hearing Comments Regarding the Proposed Data Center at 19178 Industrial Boulevard," June 23, 2026, response to Question 10: "the Page 482 of 517 specific generator [is] a 2,500 KW Cummins Diesel Generator – model DQKAN. The proposed facility would include 10 generators." 20. Draft Ordinance (June 22, 2026 version), § (d)(5)(b): "[t]he total energy use of the Data Center facility shall not exceed 35 MW of power." Facility design capacity of 33 MW per Electric Service Agreement and City Q&A response cited above. 21. City of Elk River, Request for Action, June 23, 2026, "Ordinance Amendment": "[t]hese setbacks were established by reviewing the current data center setbacks from residential properties and peer community ordinances. The two existing data centers have more than 50 homes within 750 feet of their boundaries and are located across the road from residential zoning districts. The city receives very few complaints regarding their operation." 22. City of Elk River, "Written Responses to Public Hearing Comments," June 23, 2026, response to Question 6: "[t]he existing data centers were constructed in 2006 and 2007 with design capacities of 10 MW and 20 MW... approximately 160,000 SF and 240,000 SF in size... The proposed facility is approximately 60,000 SF in size and has a design capacity for 33 MW of power." 23. Draft Ordinance (June 22, 2026 version), § (d)(5)(g): "[t]he applicant submits a decommissioning plan, prepared by a qualified professional, outlining the estimated decommissioning timeframe, costs, and procedures for safe shutdown, removal of equipment, disposal or recycling of materials, and site restoration." 24. Revised Market-Based Electric Service Agreement for 19178 Industrial Boulevard NW (draft, subject to Commission approval), § 8.12: "If the Customer does not proceed with the Project, ERMU is not obligated to return any of the dollars that ERMU has already spent or encumbered as Infrastructure Costs for the Project. The Customer will be responsible for windup and/or decommissioning costs." 25. Revised Market-Based Electric Service Agreement for 19178 Industrial Boulevard NW (draft), § 5.6: "If the Customer fails to make a timely payment under this Agreement twice in a Contract Year, then upon the second occurrence... the Customer must provide... a letter of credit or other Performance Assurance in an amount equal to one-and-one-half times the then applicable monthly prepayment amount." 26. Revised Market-Based Electric Service Agreement for 19178 Industrial Boulevard NW (draft), § 14.6(a)(iii): early termination payment of "$1,000,000 per Contract Year multiplied by the years (or months, if partial Contract Year) remaining in the Initial Term of the Agreement," payable where the Customer is the Defaulting Party. Page 483 of 517Questions from Jesse Lang, received 7-1-2026 # Open Questions Compiled from question pages with status `unanswered` or `partial`. Only sub-questions that remain open are included; fully answered sub-questions are omitted. Answers marked **Partial** carry the answer text from the published page; unanswered sub-questions have no A: line. --- ## Closed Loop Cooling: Chemicals Q: What form of glycol will be used — ethylene glycol or propylene glycol? --- Q: What concentration of glycol will be used? --- Q: What other chemicals will be present in the cooling loop beyond glycol — corrosion inhibitors, biocides, pH adjusters, or other additives? --- Q: What is the purpose of each chemical? A: **Partial.** The water-glycol mixture absorbs heat from servers in the primary loop and transfers it to the refrigerant circuit; R-134a refrigerant absorbs that heat and rejects it to outdoor air through the chiller condenser. Specific glycol concentration and refrigerant charge amount are not stated in any application document. --- ## Aggregate Limits and Caps for Data Centers Q: Is the city prepared to approve this ordinance amendment with no aggregate capacity limit and no cap on the number of data centers that could be approved city-wide? A: **Partial.** The Planning Commission voted unanimously to recommend denial of OA 26-02 to the City Council, citing preference for a planned unit development (PUD) process requiring site-by-site review over a zoning-district amendment. The City Council is scheduled to act on July 6, 2026. --- Q: If not, what specific standards will prevent that outcome? Page 491 of 517 A: **Partial.** The draft ordinance proposed a 35 MW per-facility maximum load and a 75,000 SF building size cap, but no aggregate citywide capacity limit or facility count limit. The Commission's recommended PUD pathway would require a zone change for each proposed site, providing greater municipal discretion than a CUP framework. No standards preventing a cumulative outcome have been codified as of the Commission's recommendation. --- ## Diesel Generators: Air Quality Q: Has the applicant prepared a potential-to-emit (PTE) calculation for Nitrogen Oxides (NOx), Fine Particulate Matter (PM2.5), Carbon Monoxide (CO), and Hazardous Air Pollutants (HAPs)? --- Q: What EPA emission tier are the generator engines? --- Q: What fuel grade will these generators use? --- Q: Will any emissions control devices (diesel oxidation catalysts, particulate filters) be installed? --- Q: Has any air dispersion modeling been performed to characterize ground-level concentrations at the property line and at the nearest receptor? --- ## Diesel Generators: Capacity and Use Q: What is total installed generation capacity across all units? A: **Partial.** Total installed nameplate capacity is 25 MW (10 units × 2,500 kW each), below the 33 MW maximum permitted facility load. The application record does not reconcile the gap between 25 MW total generator capacity and 33 MW maximum permitted load. --- ## Nearby School & Day Care Q: Has the city evaluated whether CUP conditions should address proximity to schools and day care centers? Page 492 of 517 A: **Partial.** The draft ordinance proposed residential setbacks of 750 feet structure-to-structure and 500 feet parcel-boundary-to-parcel-boundary, but included no setback specific to schools or day care centers. A commissioner asked whether commercial or industrial setbacks should also be included; Community Development Director Carlton stated none were included, citing that industrial-to-industrial noise thresholds under MPCA Rule 7030 are significantly higher than residential thresholds. The noise study (ESI Engineering, Project P3205) identified Meadowvale Elementary School and Creative Kids Academy by name as NAC 1 Daytime educational receivers; the modeled educational receiver location (Location D) is the only location in the study showing zero-margin compliance — chillers plus one generator calculated at exactly 60 dBA against a 60 dBA daytime limit. The Planning Commission recommended denial of OA 26-02. The CUP public hearing (CU 26-05) was continued to July 28, 2026; CUP conditions addressing school and day care proximity remain open. --- ## Noise Levels at Adjacent Properties Q: Who defined the scope of this noise study, and did city staff have any input into what it was required to model before the applicant's consultant began work? A: **Partial.** Margulies stated the noise study scope was developed jointly with the city. The applicant engaged ESI Engineering (Ryan Skoug, P.E., Minneapolis) to conduct the study (Project P3205). No independent city consultant reviewed the scope prior to the study's completion. --- Q: Does the noise study model generator operation, or only cooling/HVAC equipment under normal operations? A: **Partial.** ESI Engineering modeled one generator operating at a time, reflecting the applicant's stated practice of running only one unit per maintenance cycle. The scenario of all ten generators operating simultaneously was not modeled; Skoug acknowledged the omission and stated a reevaluation could be done if required. Carlton confirmed the draft ordinance could require simultaneous all-equipment modeling as a compliance standard. --- Q: Does the noise study include low frequency and infrasound spectrum? A: **Partial.** The study used A-weighted decibel measurement per MPCA Rule 7030, which filters out low-frequency content. Skoug noted that C-weighting and Z-weighting retain low-frequency content that A-weighting filters out. The June 22 draft ordinance proposed to Page 493 of 517require C- and Z-weighted analysis as part of any noise study. Skoug and the city attorney disagreed on whether mandating C/Z standards is consistent with state preemption law; the city attorney characterized the area as evolving. C- and Z-weighted data were not reported in the June 23 study presentation. --- Q: What are the projected dB(C) levels at the property lines shared with adjacent parcels? A: **Partial.** The noise study (Project P3205, Table D-3) reports dBC−dBA at NAC 1 residential receivers: 5 dB with chillers only; 16–18 dB with chillers plus one generator. The city's design goal was dBC−dBA ≤ 20 dB at residential receivers; all modeled scenarios meet that goal. dBC data for NAC 2 commercial receivers (including the Aegir property line, Location G) and NAC 3 industrial receivers are not reported in Table D-3. --- Q: Will octave-band analysis be used to identify discrete tonal frequencies and their relative contribution to total noise levels? A: **Partial.** The study used one-third octave band analysis for ambient background characterization but applied lower-resolution octave-band analysis to project equipment at only three of nine receiver locations. A public commenter submitted written comments identifying this resolution inconsistency and requesting equivalent frequency resolution at all locations. Skoug did not address the inconsistency in the hearing record. --- Q: Has the noise study methodology been scoped to include daytime industrial-hours exposure, not just nighttime residential standards? A: **Partial.** The study applied the MPCA Rule 7030 framework, which uses A-weighted thresholds differentiated by receptor type (residential, commercial, industrial) and by duration (L10 and L50 levels). Whether daytime industrial-hours modeling was performed separately from nighttime residential analysis was not addressed in the hearing record. --- Q: Will the cooling equipment operate at variable or constant load? A: **Partial.** The noise study modeled chillers at 100% load — the maximum operating condition. Whether the equipment will operate at variable load in practice was not addressed in the hearing record. --- Page 494 of 517## Operator Identity and Qualifications Q: What are their qualifications and operational track record? A: **Partial.** The Swervo Development company bio identifies the Woodbury Gold Line Data Center at 500 Bielenberg Drive as a 17.5 MW data center acquired and repurposed by Swervo in 2024 — the only named prior data center project in the record. Ned Abdul described that facility's tenants (MN Bureau of Criminal Apprehension, University of Minnesota, St. Cloud State University) at the May 26 hearing. A public commenter at the June 15 City Council hearing documented a prior Eagan, Minnesota proceeding: IronGate operated chillers without a permit, Eagan issued a criminal citation for noise threshold violations and unpermitted work, and the Eagan City Council unanimously denied the interim use permit, with litigation now pending. The Eagan proceedings were cited as a documented prior proceeding and were not confirmed by the applicant. --- ## Community Benefit/Risk: ERMU Revenue Q: What annual revenue does ERMU project from this customer at the Phase One minimum demand floor (18,400 kW), at full Phase One contracted capacity (23 MW), and at full Phase Two capacity (33 MW)? --- Q: What increment to ERMU's annual PILOT transfer to the City of Elk River does ERMU project at each of those load levels? A: **Partial.** ERMU's PILOT is set at 5% of electric revenue generated within Elk River. The current annual PILOT transfer to the city is approximately $1.7 million. Staff projected an additional $600,000–$800,000 annually from this customer (early estimate; rate not yet finalized by ERMU). Neither the revenue projection nor the PILOT increment is broken down by load level. --- Q: How will the increased revenue to the City of Elk River practically benefit the residents and businesses of Elk River? A: **Partial.** If a data center is approved, the City Council will decide how to use the funds during the budget process. Current PILOT funds are used for the General Fund, park improvements, and equipment/vehicle replacement. --- Q: What wholesale rate does MMPA charge ERMU for energy purchased to serve loads above 10 MW under the large-load tariff (PUC docket 25-302), and how does that rate affect ERMU's per-kWh margin on this customer relative to ERMU's margin on existing customers? Page 495 of 517 --- Q: Are the early-termination/default penalties sized to recover ERMU's allocated infrastructure investment if the customer exits after Phase One is complete but before Phase Two demand is reached? A: **Partial.** The ESA (§14.6(a)(iii)) establishes a Termination Payment of $1,000,000 per Contract Year (or prorated months) remaining in the 12-year initial term if the customer is the defaulting party. If the customer abandons the project, ERMU is not obligated to refund any infrastructure costs already spent or encumbered (§8.12). Whether these amounts are sized to fully recover ERMU's allocated infrastructure investment under all exit scenarios is not addressed in the application record. --- Q: If the customer exits or materially reduces load after the new feeders and associated infrastructure are built, what cost-recovery mechanism protects remaining ERMU ratepayers from absorbing stranded infrastructure costs? A: **Partial.** The ESA requires all infrastructure costs to be paid by the customer before ERMU orders materials. If the customer abandons the project, ERMU retains all infrastructure costs already spent or encumbered and is not obligated to refund them (§8.12). The Termination Payment ($1,000,000 × remaining Contract Years in the 12-year initial term) provides additional recovery. The ESA states that ERMU's service to the customer "shall not create a negative financial impact on ERMU's other customers" (§1). The application record does not include ERMU's analysis of ratepayer exposure under a full mid-term exit scenario. --- Q: Has ERMU modeled the rate impact on remaining ratepayers of a full customer exit scenario — the mirror image of the "Rate Stabilization" benefit described in the May 26 presentation? --- ## Setback Requirements Q: Should an ordinance establish minimum separation distances for schools, day cares, or other similar uses before the city votes on a permanent amendment? A: **Partial.** The draft ordinance proposed residential setbacks of 750 feet structure-to-structure and 500 feet parcel-boundary-to-parcel-boundary, but no school- or day care–specific setback. Commissioners described these figures as arbitrary without evidence of how peer communities had responded to similar proximity. The Planning Commission voted unanimously to Page 496 of 517recommend denial of OA 26-02; no setback standards have been codified. The City Council is scheduled to act on July 6, 2026. --- ## Thermal Pollution and Heat Dissipation Q: How will the facility manage and dissipate heat? The facility uses a closed loop cooling system, so heat transfers from the coolant to the air. --- Q: What are the projected thermal outputs into the air at the site boundary and at adjacent properties? --- Q: Has any thermal impact modeling been conducted for adjacent properties? Page 497 of 517 Request for Action To Item Number City Council 8.1 Meeting Date Prepared By July 6, 2026 Jolene Richter, Deputy Clerk Item Description Reviewed by Discuss Work Session Items Cal Portner Justin Dunford Action Requested Review work session items listed below and identify future work session topics. Background/Discussion Work sessions will be added to the end of regular meetings on the first and third Mondays as needed. At the first Council meeting of each month, staff will present a list of future work session topics for the Council to review. Proposed work session topics are as follows: • Public Safety grant expenditure update • Review of zoning north of 197th Ave and the gravel mining area following Highway 169 construction • Update of traffic light timing along Highway 169 • City Council Mission/Vision (July 20, 2026) • Education on the controversy over data centers • Joint meeting with Sherburne County • Deer hunting firearms (August 2026) • Update on yard waste program (Fall 2026) • Financial impact of construction projects on businesses Financial Impact N/A Mission/Policy/Goal Responsibly grow, meet changing needs (agile), and ethical, efficient, and responsible. Attachments None The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 498 of 517 Page 499 of 517 Request for Action To Item Number City Council 9.1 Meeting Date Prepared By July 6, 2026 Jolene Richter, Deputy Clerk Item Description Reviewed by Council Liaison Updates Cal Portner Justin Dunford Action Requested Councilmembers to provide liaison updates. Background/Discussion The Mayor and Councilmembers serve as liaisons to multiple committees and commissions. The first meeting of the month provides an opportunity for the Council to provide updates on the work of those committees and commissions. ▪ Community Event Center Commission – CM Beyer ▪ Heritage Preservation Commission – CM Calva ▪ Parks and Recreation Commission – CM Grupa ▪ Planning Commission – CM Wagner ▪ Housing and Redevelopment Authority - Mayor Dietz ▪ Utilities Commission – Mayor Dietz ▪ Region 7W – Mayor Dietz Other Committees, Commissions, etc. Financial Impact None Mission/Policy/Goal The City of Elk River Mission Statement. Attachments None The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 500 of 517 Request for Action To Item Number City Council 11.1 Meeting Date Prepared By July 6, 2026 Lindsay Brandner, Senior Administrative Assistant Item Description Reviewed by Police Department Front Desk Remodel David Kuhnly Cal Portner Justin Dunford Action Requested Receive information, discuss, and provide staff direction for improvements to the front desk/reception area of the police department. Background/Discussion The current workstation is more than 10 years old. The workspace design does not provide adequate work surface area to complete daily tasks efficiently and includes a significant amount of unusable space due to its layout. The proposed redesign will maximize the available workspace and improve functionality. The updated workstation will be more ergonomic and support staff productivity. Financial Impact The project cost will come from the Building Reserve Fund. This fund is dedicated for improvements, replacements, and retrofits of existing city building systems. The anticipated cost of this project is approximately $8,000, including furniture, installation, materials, wall coverings, and carpet repair. Attached is a quote for the materials and installation. Building Maintenance staff plans to complete some of the work from the quote, which would decrease the overall cost. Mission/Policy/Goal City Mission Attachments 1. Elk River PD 2D 2. Elk River PD 3D 3. Front Office Quote The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 501 of 517Page 502 of 517Page 503 of 517 Office Furniture Solutions. Inc. Estimate 4121 5th St N Saint Cloud, MN 56303-3769 3202037957 www.fixthisoffice.com ADDRESS ELK RIVER POLICE DEPARTMENT 13077 ORONO PARKWAY ELK RIVER, MN 55330 ESTIMATE # DATE 10480 06/10/2026 CUSTOMER PO # AND CONTACT YOUR SALES REP INFO HOW CUSTOMER WILL RECEIVE CHRIS 320-746-5042 PD RECEPTION OFS Delivery & Install chris@fixthisoffice.com DESCRIPTION QTY RATE AMOUNT 4nTable CUSTOM LEFT CURVED CORNER TOP WITH ANGLED EDGE 1 760.00 760.00T ON WALL SIDE. 30" x 75" x 48" x 24" 4nTable WORK SURFACE: 24" x 52" WITH ONE RADIUS CORNER 1 215.00 215.00T 3nFiling HARMONY SERIES METAL MOBILE BOX FILE PEDESTAL IN 1 330.00 330.00T BLACK. 4nTable HETB-3L3S 3 STAGE 3 LEG ELECTRIC SIT STAND BASE WITH ADDED 1 808.50 808.50T - BLK STRINGER BAR - BLACK 4nTable CUSTOM RIGHT CURVED CORNER TOP WITH ANGLED EDGE 1 760.00 760.00T ON ALL SIDE: 30" x 82" x 42 x 24" 4nTable WORK SURFACE: 24" x 18" WITH ONE RADIUS CORNER 1 150.00 150.00T 3nFiling HARMONY SERIES METAL MOBILE BOX FILE PEDESTAL IN 1 330.00 330.00T BLACK 4nTable HETB-3L3S 3 STAGE 3 LEG ELECTRIC SIT STAND BASE WITH ADDED 1 808.50 808.50T - BLK STRINGER BAR - BLACK FREIGHT FREIGHT 1 200.00 200.00T INSTALLATION DELIVERY AND INSTALLATION 1 560.00 560.00T ASSUMES AREA IS CLEARED ASSUMES M-F 8-5 State of MN State of MN Required Road Improvement & Delivery Fee 1 0.50 0.50 Required Delivery Tax Fee Delivery Received by:_________________________________________________ Printed Name:________________________________________________ Page 504 of 517 DESCRIPTION QTY RATE AMOUNT Date:________________ Thank you for the opportunity to provide you with this estimate! SUBTOTAL 4,922.50 Terms are Due on Receipt unless your total is over $2,000 which will require TAX 0.00 50% down at the time of order with net due upon delivery. TOTAL $4,922.50 Estimates are valid for 7 days. **Prices may change due to the possibility of tariffs with Canada and other trade countries. We will make every effort to provide you with accurate pricing at the time of your order to eliminate the need for an additional tariff surcharge being added to your invoice. Used items quoted are subject to availability. Delivery & installation are not included unless specifically itemized above and we have a current Delivery & Install Questionnaire on file for this project. A Finance Charge of 1.5% per month (18% APR) will be added to past due balances. Accepted By Accepted Date Page 505 of 517 Request for Action To Item Number City Council 11.2 Meeting Date Prepared By July 6, 2026 Justin Dunford, City Clerk David Kuhnly, Police Chief Item Description Reviewed by Police Department Camera System Replacement David Kuhnly Cal Portner Action Requested To review and provide staff direction on the desired payment structure for the replacement of the camera system in the Police Department interview rooms. Background/Discussion By law, the interview of a person in police custody must be recorded. The current camera system is at the end of its life cycle and needs to be replaced to maintain legal compliance. A quote was requested for the work to replace the system and bring it up to current standards. There are two payment options. The city can pay for the whole system up front or split it over 10 years. Both costs and price structures are reflected in the quote document. Financial Impact $127,381.68 from the Building Replacement Fund this year, or $12,738.15 yearly from the Building Replacement Fund until January 2036. Mission/Policy/Goal Goal - The City of Elk River Mission Statement. Attachments 1. Interview Room - PD - Axon Estimate The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Page 506 of 517Non-Binding Budgetary Estimate Q-871422-46190KP Issued: 06/17/2026 Quote Expiration: 09/28/2026 Estimated Contract Start Date: 01/01/2027 Account Number: 110486 Payment Terms: N30 Mode of Delivery: AUTO-GND Credit/Debit Amount: $0.00 SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Elk River Police Dept. - MN Elk River Police Dept. - MN 13077 Orono Pkwy NW 13077 Orono Pkwy NW Kevin Pirehpour Joseph Gacke Elk River, Elk River Phone: Phone: 7636351203 MN MN Email: kpirehpour@axon.com Email: jgacke@elkrivermn.gov 55330-5600 55330-5600 Fax: Fax: USA USA Email: Quote Summary Discount Summary $1,415.35 Program Length 120 Months Average Savings Per Year TOTAL COST $127,381.68 TOTAL SAVINGS $14,153.52 ESTIMATED TOTAL W/ TAX $127,381.68 Page 1 Q-871422-46190KP Page 507 of 517Non-Binding Budgetary Estimate Payment Summary Date Subtotal Tax Total Jan 2027 $12,738.15 $0.00 $12,738.15 Jan 2028 $12,738.17 $0.00 $12,738.17 Jan 2029 $12,738.17 $0.00 $12,738.17 Jan 2030 $12,738.17 $0.00 $12,738.17 Jan 2031 $12,738.17 $0.00 $12,738.17 Jan 2032 $12,738.17 $0.00 $12,738.17 Jan 2033 $12,738.17 $0.00 $12,738.17 Jan 2034 $12,738.17 $0.00 $12,738.17 Jan 2035 $12,738.17 $0.00 $12,738.17 Jan 2036 $12,738.17 $0.00 $12,738.17 Total $127,381.68 $0.00 $127,381.68 Page 2 Q-871422-46190KP Page 508 of 517Non-Binding Budgetary Estimate Quote Unbundled Price: $141,535.20 Quote List Price: $141,535.20 Quote Subtotal: $127,381.68 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Hardware 50265 AXON INTERVIEW - IO RED LED 4 1 $35.00 $31.50 $126.00 $0.00 $126.00 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 3 1 $64.00 $57.60 $172.80 $0.00 $172.80 50433 AXON INTERVIEW - IO PUSH BUTTON 4 1 $78.00 $70.20 $280.80 $0.00 $280.80 50258 AXON INTERVIEW - IO MODULE CABINET 2 1 $445.00 $400.50 $801.00 $0.00 $801.00 50267 AXON INTERVIEW - IO MODULE 2 1 $788.00 $709.20 $1,418.40 $0.00 $1,418.40 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 1 $209.00 $188.10 $376.20 $0.00 $376.20 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 1 $985.00 $886.50 $1,773.00 $0.00 $1,773.00 AXON INTERVIEW - CAMERA - OVERT PTZ (PAN-TILT- 50293 2 1 $1,338.00 $1,204.20 $2,408.40 $0.00 $2,408.40 ZOOM) 50322 AXON INTERVIEW - TOUCH PANEL PRO 3 1 $2,532.00 $2,278.80 $6,836.40 $0.00 $6,836.40 50295 AXON INTERVIEW - SERVER - PRO 2 1 $5,413.00 $4,871.70 $9,743.40 $0.00 $9,743.40 A la Carte Software AXON INTERVIEW - STREAMING SERVER LICENSE - 50041 2 1 $1,750.00 $1,575.00 $3,150.00 $0.00 $3,150.00 PER SERVER AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH 50037 3 1 $1,500.00 $1,350.00 $4,050.00 $0.00 $4,050.00 PANEL-PC AXON INTERVIEW - STREAMING SERVER 50043 2 120 $36.83 $33.15 $7,955.28 $0.00 $7,955.28 MAINTENANCE - PER SERVER AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER 50039 3 120 $31.50 $28.35 $10,206.00 $0.00 $10,206.00 TOUCH PANEL AXON EVIDENCE - STORAGE - INTERVIEW ROOM 50045 4 120 $124.80 $112.32 $53,913.60 $0.00 $53,913.60 UNLIMITED A la Carte Services 50431 AXON INTERVIEW - INSTALLATION - IO ADDITIONAL LED 2 1 $500.00 $450.00 $900.00 $0.00 $900.00 AXON INTERVIEW - INSTALLATION - IO MODULE 50430 2 1 $1,000.00 $900.00 $1,800.00 $0.00 $1,800.00 CABINET 1 LED 50432 AXON INTERVIEW - INSTALLATION - IO PUSH BUTTON 4 1 $500.00 $450.00 $1,800.00 $0.00 $1,800.00 AXON INTERVIEW - INSTALLATION - STANDARD (PER 85170 4 1 $5,000.00 $4,500.00 $18,000.00 $0.00 $18,000.00 ROOM) A la Carte Warranties 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 4 1 $464.00 $417.60 $1,670.40 $0.00 $1,670.40 Total $127,381.68 $0.00 $127,381.68 Delivery Schedule Hardware Bundle Item Description QTY Shipping Location Estimated Delivery Date Page 3 Q-871422-46190KP Page 509 of 517Non-Binding Budgetary Estimate Hardware Bundle Item Description QTY Shipping Location Estimated Delivery Date A la Carte 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 1 12/01/2026 A la Carte 50258 AXON INTERVIEW - IO MODULE CABINET 2 1 12/01/2026 A la Carte 50265 AXON INTERVIEW - IO RED LED 4 1 12/01/2026 A la Carte 50267 AXON INTERVIEW - IO MODULE 2 1 12/01/2026 A la Carte 50293 AXON INTERVIEW - CAMERA - OVERT PTZ (PAN-TILT-ZOOM) 2 1 12/01/2026 A la Carte 50295 AXON INTERVIEW - SERVER - PRO 2 1 12/01/2026 A la Carte 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 1 12/01/2026 A la Carte 50322 AXON INTERVIEW - TOUCH PANEL PRO 3 1 12/01/2026 A la Carte 50433 AXON INTERVIEW - IO PUSH BUTTON 4 1 12/01/2026 A la Carte 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 3 1 12/01/2026 Software Bundle Item Description QTY Estimated Start Date Estimated End Date AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL- A la Carte 50037 3 01/01/2027 12/31/2036 PC AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH A la Carte 50039 3 01/01/2027 12/31/2036 PANEL AXON INTERVIEW - STREAMING SERVER LICENSE - PER A la Carte 50041 2 01/01/2027 12/31/2036 SERVER AXON INTERVIEW - STREAMING SERVER MAINTENANCE - A la Carte 50043 2 01/01/2027 12/31/2036 PER SERVER A la Carte 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 01/01/2027 12/31/2036 Services Bundle Item Description QTY A la Carte 50430 AXON INTERVIEW - INSTALLATION - IO MODULE CABINET 1 LED 2 A la Carte 50431 AXON INTERVIEW - INSTALLATION - IO ADDITIONAL LED 2 A la Carte 50432 AXON INTERVIEW - INSTALLATION - IO PUSH BUTTON 4 A la Carte 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 4 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 4 Page 4 Q-871422-46190KP Page 510 of 517Non-Binding Budgetary Estimate Shipping Locations Location Number Street City State Zip Country 1 13077 Orono Pkwy NW Elk River MN 55330-5600 USA Payment Details Jan 2027 Invoice Plan Item Description Qty Subtotal Tax Total Annual Payment 1 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 4 $167.04 $0.00 $167.04 Annual Payment 1 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 3 $405.00 $0.00 $405.00 Annual Payment 1 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,020.60 $0.00 $1,020.60 Annual Payment 1 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $315.00 $0.00 $315.00 Annual Payment 1 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $795.53 $0.00 $795.53 Annual Payment 1 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 $5,391.34 $0.00 $5,391.34 Annual Payment 1 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $37.62 $0.00 $37.62 Annual Payment 1 50258 AXON INTERVIEW - IO MODULE CABINET 2 $80.10 $0.00 $80.10 Annual Payment 1 50265 AXON INTERVIEW - IO RED LED 4 $12.60 $0.00 $12.60 Annual Payment 1 50267 AXON INTERVIEW - IO MODULE 2 $141.84 $0.00 $141.84 Annual Payment 1 50293 AXON INTERVIEW - CAMERA - OVERT PTZ (PAN-TILT-ZOOM) 2 $240.84 $0.00 $240.84 Annual Payment 1 50295 AXON INTERVIEW - SERVER - PRO 2 $974.34 $0.00 $974.34 Annual Payment 1 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $177.30 $0.00 $177.30 Annual Payment 1 50322 AXON INTERVIEW - TOUCH PANEL PRO 3 $683.64 $0.00 $683.64 Annual Payment 1 50430 AXON INTERVIEW - INSTALLATION - IO MODULE CABINET 1 LED 2 $180.00 $0.00 $180.00 Annual Payment 1 50431 AXON INTERVIEW - INSTALLATION - IO ADDITIONAL LED 2 $90.00 $0.00 $90.00 Annual Payment 1 50432 AXON INTERVIEW - INSTALLATION - IO PUSH BUTTON 4 $180.00 $0.00 $180.00 Annual Payment 1 50433 AXON INTERVIEW - IO PUSH BUTTON 4 $28.08 $0.00 $28.08 Annual Payment 1 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 3 $17.28 $0.00 $17.28 Annual Payment 1 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 4 $1,800.00 $0.00 $1,800.00 Total $12,738.15 $0.00 $12,738.15 Jan 2028 Invoice Plan Item Description Qty Subtotal Tax Total Annual Payment 2 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 4 $167.04 $0.00 $167.04 Annual Payment 2 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 3 $405.00 $0.00 $405.00 Annual Payment 2 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,020.60 $0.00 $1,020.60 Annual Payment 2 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $315.00 $0.00 $315.00 Annual Payment 2 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $795.53 $0.00 $795.53 Annual Payment 2 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 $5,391.36 $0.00 $5,391.36 Annual Payment 2 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $37.62 $0.00 $37.62 Annual Payment 2 50258 AXON INTERVIEW - IO MODULE CABINET 2 $80.10 $0.00 $80.10 Annual Payment 2 50265 AXON INTERVIEW - IO RED LED 4 $12.60 $0.00 $12.60 Annual Payment 2 50267 AXON INTERVIEW - IO MODULE 2 $141.84 $0.00 $141.84 Annual Payment 2 50293 AXON INTERVIEW - CAMERA - OVERT PTZ (PAN-TILT-ZOOM) 2 $240.84 $0.00 $240.84 Annual Payment 2 50295 AXON INTERVIEW - SERVER - PRO 2 $974.34 $0.00 $974.34 Annual Payment 2 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $177.30 $0.00 $177.30 Annual Payment 2 50322 AXON INTERVIEW - TOUCH PANEL PRO 3 $683.64 $0.00 $683.64 Annual Payment 2 50430 AXON INTERVIEW - INSTALLATION - IO MODULE CABINET 1 LED 2 $180.00 $0.00 $180.00 Annual Payment 2 50431 AXON INTERVIEW - INSTALLATION - IO ADDITIONAL LED 2 $90.00 $0.00 $90.00 Annual Payment 2 50432 AXON INTERVIEW - INSTALLATION - IO PUSH BUTTON 4 $180.00 $0.00 $180.00 Page 5 Q-871422-46190KP Page 511 of 517Non-Binding Budgetary Estimate Jan 2028 Invoice Plan Item Description Qty Subtotal Tax Total Annual Payment 2 50433 AXON INTERVIEW - IO PUSH BUTTON 4 $28.08 $0.00 $28.08 Annual Payment 2 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 3 $17.28 $0.00 $17.28 Annual Payment 2 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 4 $1,800.00 $0.00 $1,800.00 Total $12,738.17 $0.00 $12,738.17 Jan 2029 Invoice Plan Item Description Qty Subtotal Tax Total Annual Payment 3 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 4 $167.04 $0.00 $167.04 Annual Payment 3 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 3 $405.00 $0.00 $405.00 Annual Payment 3 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,020.60 $0.00 $1,020.60 Annual Payment 3 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $315.00 $0.00 $315.00 Annual Payment 3 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $795.53 $0.00 $795.53 Annual Payment 3 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 $5,391.36 $0.00 $5,391.36 Annual Payment 3 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $37.62 $0.00 $37.62 Annual Payment 3 50258 AXON INTERVIEW - IO MODULE CABINET 2 $80.10 $0.00 $80.10 Annual Payment 3 50265 AXON INTERVIEW - IO RED LED 4 $12.60 $0.00 $12.60 Annual Payment 3 50267 AXON INTERVIEW - IO MODULE 2 $141.84 $0.00 $141.84 Annual Payment 3 50293 AXON INTERVIEW - CAMERA - OVERT PTZ (PAN-TILT-ZOOM) 2 $240.84 $0.00 $240.84 Annual Payment 3 50295 AXON INTERVIEW - SERVER - PRO 2 $974.34 $0.00 $974.34 Annual Payment 3 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $177.30 $0.00 $177.30 Annual Payment 3 50322 AXON INTERVIEW - TOUCH PANEL PRO 3 $683.64 $0.00 $683.64 Annual Payment 3 50430 AXON INTERVIEW - INSTALLATION - IO MODULE CABINET 1 LED 2 $180.00 $0.00 $180.00 Annual Payment 3 50431 AXON INTERVIEW - INSTALLATION - IO ADDITIONAL LED 2 $90.00 $0.00 $90.00 Annual Payment 3 50432 AXON INTERVIEW - INSTALLATION - IO PUSH BUTTON 4 $180.00 $0.00 $180.00 Annual Payment 3 50433 AXON INTERVIEW - IO PUSH BUTTON 4 $28.08 $0.00 $28.08 Annual Payment 3 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 3 $17.28 $0.00 $17.28 Annual Payment 3 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 4 $1,800.00 $0.00 $1,800.00 Total $12,738.17 $0.00 $12,738.17 Jan 2030 Invoice Plan Item Description Qty Subtotal Tax Total Annual Payment 4 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 4 $167.04 $0.00 $167.04 Annual Payment 4 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 3 $405.00 $0.00 $405.00 Annual Payment 4 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,020.60 $0.00 $1,020.60 Annual Payment 4 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $315.00 $0.00 $315.00 Annual Payment 4 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $795.53 $0.00 $795.53 Annual Payment 4 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 $5,391.36 $0.00 $5,391.36 Annual Payment 4 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $37.62 $0.00 $37.62 Annual Payment 4 50258 AXON INTERVIEW - IO MODULE CABINET 2 $80.10 $0.00 $80.10 Annual Payment 4 50265 AXON INTERVIEW - IO RED LED 4 $12.60 $0.00 $12.60 Annual Payment 4 50267 AXON INTERVIEW - IO MODULE 2 $141.84 $0.00 $141.84 Annual Payment 4 50293 AXON INTERVIEW - CAMERA - OVERT PTZ (PAN-TILT-ZOOM) 2 $240.84 $0.00 $240.84 Annual Payment 4 50295 AXON INTERVIEW - SERVER - PRO 2 $974.34 $0.00 $974.34 Annual Payment 4 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $177.30 $0.00 $177.30 Annual Payment 4 50322 AXON INTERVIEW - TOUCH PANEL PRO 3 $683.64 $0.00 $683.64 Annual Payment 4 50430 AXON INTERVIEW - INSTALLATION - IO MODULE CABINET 1 LED 2 $180.00 $0.00 $180.00 Annual Payment 4 50431 AXON INTERVIEW - INSTALLATION - IO ADDITIONAL LED 2 $90.00 $0.00 $90.00 Annual Payment 4 50432 AXON INTERVIEW - INSTALLATION - IO PUSH BUTTON 4 $180.00 $0.00 $180.00 Annual Payment 4 50433 AXON INTERVIEW - IO PUSH BUTTON 4 $28.08 $0.00 $28.08 Annual Payment 4 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 3 $17.28 $0.00 $17.28 Annual Payment 4 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 4 $1,800.00 $0.00 $1,800.00 Page 6 Q-871422-46190KP Page 512 of 517Non-Binding Budgetary Estimate Jan 2030 Invoice Plan Item Description Qty Subtotal Tax Total Total $12,738.17 $0.00 $12,738.17 Jan 2031 Invoice Plan Item Description Qty Subtotal Tax Total Annual Payment 5 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 4 $167.04 $0.00 $167.04 Annual Payment 5 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 3 $405.00 $0.00 $405.00 Annual Payment 5 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,020.60 $0.00 $1,020.60 Annual Payment 5 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $315.00 $0.00 $315.00 Annual Payment 5 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $795.53 $0.00 $795.53 Annual Payment 5 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 $5,391.36 $0.00 $5,391.36 Annual Payment 5 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $37.62 $0.00 $37.62 Annual Payment 5 50258 AXON INTERVIEW - IO MODULE CABINET 2 $80.10 $0.00 $80.10 Annual Payment 5 50265 AXON INTERVIEW - IO RED LED 4 $12.60 $0.00 $12.60 Annual Payment 5 50267 AXON INTERVIEW - IO MODULE 2 $141.84 $0.00 $141.84 Annual Payment 5 50293 AXON INTERVIEW - CAMERA - OVERT PTZ (PAN-TILT-ZOOM) 2 $240.84 $0.00 $240.84 Annual Payment 5 50295 AXON INTERVIEW - SERVER - PRO 2 $974.34 $0.00 $974.34 Annual Payment 5 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $177.30 $0.00 $177.30 Annual Payment 5 50322 AXON INTERVIEW - TOUCH PANEL PRO 3 $683.64 $0.00 $683.64 Annual Payment 5 50430 AXON INTERVIEW - INSTALLATION - IO MODULE CABINET 1 LED 2 $180.00 $0.00 $180.00 Annual Payment 5 50431 AXON INTERVIEW - INSTALLATION - IO ADDITIONAL LED 2 $90.00 $0.00 $90.00 Annual Payment 5 50432 AXON INTERVIEW - INSTALLATION - IO PUSH BUTTON 4 $180.00 $0.00 $180.00 Annual Payment 5 50433 AXON INTERVIEW - IO PUSH BUTTON 4 $28.08 $0.00 $28.08 Annual Payment 5 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 3 $17.28 $0.00 $17.28 Annual Payment 5 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 4 $1,800.00 $0.00 $1,800.00 Total $12,738.17 $0.00 $12,738.17 Jan 2032 Invoice Plan Item Description Qty Subtotal Tax Total Annual Payment 6 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 4 $167.04 $0.00 $167.04 Annual Payment 6 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 3 $405.00 $0.00 $405.00 Annual Payment 6 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,020.60 $0.00 $1,020.60 Annual Payment 6 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $315.00 $0.00 $315.00 Annual Payment 6 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $795.53 $0.00 $795.53 Annual Payment 6 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 $5,391.36 $0.00 $5,391.36 Annual Payment 6 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $37.62 $0.00 $37.62 Annual Payment 6 50258 AXON INTERVIEW - IO MODULE CABINET 2 $80.10 $0.00 $80.10 Annual Payment 6 50265 AXON INTERVIEW - IO RED LED 4 $12.60 $0.00 $12.60 Annual Payment 6 50267 AXON INTERVIEW - IO MODULE 2 $141.84 $0.00 $141.84 Annual Payment 6 50293 AXON INTERVIEW - CAMERA - OVERT PTZ (PAN-TILT-ZOOM) 2 $240.84 $0.00 $240.84 Annual Payment 6 50295 AXON INTERVIEW - SERVER - PRO 2 $974.34 $0.00 $974.34 Annual Payment 6 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $177.30 $0.00 $177.30 Annual Payment 6 50322 AXON INTERVIEW - TOUCH PANEL PRO 3 $683.64 $0.00 $683.64 Annual Payment 6 50430 AXON INTERVIEW - INSTALLATION - IO MODULE CABINET 1 LED 2 $180.00 $0.00 $180.00 Annual Payment 6 50431 AXON INTERVIEW - INSTALLATION - IO ADDITIONAL LED 2 $90.00 $0.00 $90.00 Annual Payment 6 50432 AXON INTERVIEW - INSTALLATION - IO PUSH BUTTON 4 $180.00 $0.00 $180.00 Annual Payment 6 50433 AXON INTERVIEW - IO PUSH BUTTON 4 $28.08 $0.00 $28.08 Annual Payment 6 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 3 $17.28 $0.00 $17.28 Annual Payment 6 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 4 $1,800.00 $0.00 $1,800.00 Total $12,738.17 $0.00 $12,738.17 Page 7 Q-871422-46190KP Page 513 of 517Non-Binding Budgetary Estimate Jan 2033 Invoice Plan Item Description Qty Subtotal Tax Total Annual Payment 7 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 4 $167.04 $0.00 $167.04 Annual Payment 7 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 3 $405.00 $0.00 $405.00 Annual Payment 7 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,020.60 $0.00 $1,020.60 Annual Payment 7 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $315.00 $0.00 $315.00 Annual Payment 7 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $795.53 $0.00 $795.53 Annual Payment 7 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 $5,391.36 $0.00 $5,391.36 Annual Payment 7 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $37.62 $0.00 $37.62 Annual Payment 7 50258 AXON INTERVIEW - IO MODULE CABINET 2 $80.10 $0.00 $80.10 Annual Payment 7 50265 AXON INTERVIEW - IO RED LED 4 $12.60 $0.00 $12.60 Annual Payment 7 50267 AXON INTERVIEW - IO MODULE 2 $141.84 $0.00 $141.84 Annual Payment 7 50293 AXON INTERVIEW - CAMERA - OVERT PTZ (PAN-TILT-ZOOM) 2 $240.84 $0.00 $240.84 Annual Payment 7 50295 AXON INTERVIEW - SERVER - PRO 2 $974.34 $0.00 $974.34 Annual Payment 7 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $177.30 $0.00 $177.30 Annual Payment 7 50322 AXON INTERVIEW - TOUCH PANEL PRO 3 $683.64 $0.00 $683.64 Annual Payment 7 50430 AXON INTERVIEW - INSTALLATION - IO MODULE CABINET 1 LED 2 $180.00 $0.00 $180.00 Annual Payment 7 50431 AXON INTERVIEW - INSTALLATION - IO ADDITIONAL LED 2 $90.00 $0.00 $90.00 Annual Payment 7 50432 AXON INTERVIEW - INSTALLATION - IO PUSH BUTTON 4 $180.00 $0.00 $180.00 Annual Payment 7 50433 AXON INTERVIEW - IO PUSH BUTTON 4 $28.08 $0.00 $28.08 Annual Payment 7 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 3 $17.28 $0.00 $17.28 Annual Payment 7 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 4 $1,800.00 $0.00 $1,800.00 Total $12,738.17 $0.00 $12,738.17 Jan 2034 Invoice Plan Item Description Qty Subtotal Tax Total Annual Payment 8 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 4 $167.04 $0.00 $167.04 Annual Payment 8 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 3 $405.00 $0.00 $405.00 Annual Payment 8 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,020.60 $0.00 $1,020.60 Annual Payment 8 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $315.00 $0.00 $315.00 Annual Payment 8 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $795.53 $0.00 $795.53 Annual Payment 8 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 $5,391.36 $0.00 $5,391.36 Annual Payment 8 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $37.62 $0.00 $37.62 Annual Payment 8 50258 AXON INTERVIEW - IO MODULE CABINET 2 $80.10 $0.00 $80.10 Annual Payment 8 50265 AXON INTERVIEW - IO RED LED 4 $12.60 $0.00 $12.60 Annual Payment 8 50267 AXON INTERVIEW - IO MODULE 2 $141.84 $0.00 $141.84 Annual Payment 8 50293 AXON INTERVIEW - CAMERA - OVERT PTZ (PAN-TILT-ZOOM) 2 $240.84 $0.00 $240.84 Annual Payment 8 50295 AXON INTERVIEW - SERVER - PRO 2 $974.34 $0.00 $974.34 Annual Payment 8 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $177.30 $0.00 $177.30 Annual Payment 8 50322 AXON INTERVIEW - TOUCH PANEL PRO 3 $683.64 $0.00 $683.64 Annual Payment 8 50430 AXON INTERVIEW - INSTALLATION - IO MODULE CABINET 1 LED 2 $180.00 $0.00 $180.00 Annual Payment 8 50431 AXON INTERVIEW - INSTALLATION - IO ADDITIONAL LED 2 $90.00 $0.00 $90.00 Annual Payment 8 50432 AXON INTERVIEW - INSTALLATION - IO PUSH BUTTON 4 $180.00 $0.00 $180.00 Annual Payment 8 50433 AXON INTERVIEW - IO PUSH BUTTON 4 $28.08 $0.00 $28.08 Annual Payment 8 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 3 $17.28 $0.00 $17.28 Annual Payment 8 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 4 $1,800.00 $0.00 $1,800.00 Total $12,738.17 $0.00 $12,738.17 Jan 2035 Invoice Plan Item Description Qty Subtotal Tax Total Annual Payment 9 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 4 $167.04 $0.00 $167.04 Annual Payment 9 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 3 $405.00 $0.00 $405.00 Annual Payment 9 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,020.60 $0.00 $1,020.60 Page 8 Q-871422-46190KP Page 514 of 517Non-Binding Budgetary Estimate Jan 2035 Invoice Plan Item Description Qty Subtotal Tax Total Annual Payment 9 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $315.00 $0.00 $315.00 Annual Payment 9 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $795.53 $0.00 $795.53 Annual Payment 9 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 $5,391.36 $0.00 $5,391.36 Annual Payment 9 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $37.62 $0.00 $37.62 Annual Payment 9 50258 AXON INTERVIEW - IO MODULE CABINET 2 $80.10 $0.00 $80.10 Annual Payment 9 50265 AXON INTERVIEW - IO RED LED 4 $12.60 $0.00 $12.60 Annual Payment 9 50267 AXON INTERVIEW - IO MODULE 2 $141.84 $0.00 $141.84 Annual Payment 9 50293 AXON INTERVIEW - CAMERA - OVERT PTZ (PAN-TILT-ZOOM) 2 $240.84 $0.00 $240.84 Annual Payment 9 50295 AXON INTERVIEW - SERVER - PRO 2 $974.34 $0.00 $974.34 Annual Payment 9 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $177.30 $0.00 $177.30 Annual Payment 9 50322 AXON INTERVIEW - TOUCH PANEL PRO 3 $683.64 $0.00 $683.64 Annual Payment 9 50430 AXON INTERVIEW - INSTALLATION - IO MODULE CABINET 1 LED 2 $180.00 $0.00 $180.00 Annual Payment 9 50431 AXON INTERVIEW - INSTALLATION - IO ADDITIONAL LED 2 $90.00 $0.00 $90.00 Annual Payment 9 50432 AXON INTERVIEW - INSTALLATION - IO PUSH BUTTON 4 $180.00 $0.00 $180.00 Annual Payment 9 50433 AXON INTERVIEW - IO PUSH BUTTON 4 $28.08 $0.00 $28.08 Annual Payment 9 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 3 $17.28 $0.00 $17.28 Annual Payment 9 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 4 $1,800.00 $0.00 $1,800.00 Total $12,738.17 $0.00 $12,738.17 Jan 2036 Invoice Plan Item Description Qty Subtotal Tax Total Annual Payment 10 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 4 $167.04 $0.00 $167.04 Annual Payment 10 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 3 $405.00 $0.00 $405.00 Annual Payment 10 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 3 $1,020.60 $0.00 $1,020.60 Annual Payment 10 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $315.00 $0.00 $315.00 Annual Payment 10 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $795.53 $0.00 $795.53 Annual Payment 10 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 $5,391.36 $0.00 $5,391.36 Annual Payment 10 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC) 2 $37.62 $0.00 $37.62 Annual Payment 10 50258 AXON INTERVIEW - IO MODULE CABINET 2 $80.10 $0.00 $80.10 Annual Payment 10 50265 AXON INTERVIEW - IO RED LED 4 $12.60 $0.00 $12.60 Annual Payment 10 50267 AXON INTERVIEW - IO MODULE 2 $141.84 $0.00 $141.84 Annual Payment 10 50293 AXON INTERVIEW - CAMERA - OVERT PTZ (PAN-TILT-ZOOM) 2 $240.84 $0.00 $240.84 Annual Payment 10 50295 AXON INTERVIEW - SERVER - PRO 2 $974.34 $0.00 $974.34 Annual Payment 10 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $177.30 $0.00 $177.30 Annual Payment 10 50322 AXON INTERVIEW - TOUCH PANEL PRO 3 $683.64 $0.00 $683.64 Annual Payment 10 50430 AXON INTERVIEW - INSTALLATION - IO MODULE CABINET 1 LED 2 $180.00 $0.00 $180.00 Annual Payment 10 50431 AXON INTERVIEW - INSTALLATION - IO ADDITIONAL LED 2 $90.00 $0.00 $90.00 Annual Payment 10 50432 AXON INTERVIEW - INSTALLATION - IO PUSH BUTTON 4 $180.00 $0.00 $180.00 Annual Payment 10 50433 AXON INTERVIEW - IO PUSH BUTTON 4 $28.08 $0.00 $28.08 Annual Payment 10 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 3 $17.28 $0.00 $17.28 Annual Payment 10 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM) 4 $1,800.00 $0.00 $1,800.00 Total $12,738.17 $0.00 $12,738.17 Page 9 Q-871422-46190KP Page 515 of 517Non-Binding Budgetary Estimate This Rough Order of Magnitude estimate is being provided for budgetary and planning purposes only. It is non-binding and is not considered a contractable offer for sale of Axon goods or services. Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Exceptions to Standard Terms and Conditions Rewrite Estimates Estimated Amounts and Contract Terminations. Any amounts stated as due under existing or terminated contracts — including contract transfer balances carried forward to new or pending contracts — are estimates based on payments received as of the calculation date. These estimates may be adjusted if new contracts are not executed on the anticipated dates or if expected payments are not made. Refresh Shipment Timing Technology Assurance Plan (TAP) Refresh Prior to Renewal. For Customers with expiring agreements that include TAP refresh rights, Axon may, in its discretion, ship refresh hardware under the existing contract while renewal or replacement agreements are in progress. Any such shipments will be deemed made under the terms of the existing contract until the new contract is fully executed, after which any applicable updates, fees, or adjustments will apply. Shipment Timing Shipment Variance. Estimated shipment dates are provided for planning purposes only and are not guarantees. Axon may ship hardware before or after the estimated shipment date, and failure to meet an estimated shipment date will not, by itself, constitute a breach, provided Axon uses commercially reasonable efforts to meet estimated shipment dates. Page 10 Q-871422-46190KP Page 516 of 517Non-Binding Budgetary Estimate Page 11 Q-871422-46190KP Page 517 of 517