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City Council - 12/03/2019
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, DECEMBER 3, 2019 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Katie O’Connor Workshop - Heritage Rooms I and II (5:30) I. POTENTIAL ORDINANCE REVISIONS by Lieutenant Sackett (5:30 – 6:00) II. POLICE SECURITY AT COMMUNITY EVENTS by Police Chief Weber (6:00 – 6:30) Open Podium - Council Chamber (6:30) III. OPEN PODIUM A. JOHN MALLO – RECYCLING IV. ADJOURNMENT City of Eden Prairie Ordinance Review Plan Scope & Purpose •Clean Up •Clarity –Ordinance Statute •Consistency Licensing •Firearms Regulations 9.40 –40 Contiguous Acres –North of FCD? –Adjust the current zones –continued development –Partnership with US Fish & Wildlife Firearm Discharge Area Licensing •Massage Licensing –Denials/revocations/suspensions at PD Chief Level –Consistency with other licensing –i.e. Peddler/Tobacco*/Kennels/Shooting –Level 1 appeal –Chief of Police –Level 2 appeal –City manager Code Enforcement •Trash Container Storage & Screening –Current Ordinance –Difficult to Enforce –Almost Unenforceable –Equity of Enforcement –Increased Container Requirement –Doesn’t always accomplish the mission A Front Yard? Screening Licensing •Liquor Licensing –Ordinance Statute –Clarity of Code vs Statute –Breweries & Distilleries & Self Service Options –Re-Write for clarity and consistency Licensing •Kennel –Current Ordinance •> 2 Dogs or 2 Cats –Private Kennel Licenses –Doggy Day Care –Consistency with our neighbors •Animal Licensing –Technology -Chips Code Enforcement •Noise •Missing certain zoning districts (TC Residential/Golf) •New parks zoning underway for parks, outlots and open spaces •As new districts get created, other ordinances get forgotten –Noise in Commercial/Office/Industrial –Domestic Power Equipment New Zoning Districts Event Security Eden Prairie City Council Workshop December, 2019 Background •In August 2019, the police department was asked to present information to the city council on event security. •After presenting at the Sept. 3rd city council workshop, the police department was asked by the city council to research how other departments handle security at large public events. Large Public Events in EP •4th of July •Schooner Days •Air Expo •EPHS Football Games •Arts in the Park •City Open House •People Fest •Prairie Brewfest •Special Events at Grace Church •VIP Visits (U.S. Presidents, Dalai Lama, Super Bowl) Current Security Measures •Intel from Crime Analyst •Highly trained officers and Reserves •Camera trailer •UTV •Mobile Command Center •Event action plans with Fire and Parks •Barriers Potential Additional Security Measures •Increased staffing levels (Officers & Reserves) •Plainclothes officers •Additional barriers •SWAT response teams •Greater availability of long guns •Drone flyovers •Additional training for officers Eden Prairie Public Assembly Ordinance, City Code 6.20 •Includes parades, races and public assemblies on PUBLIC grounds •Public assembly = 50+ people •Required to get permit from Police Chief •Cost for permit is $15 Eden Prairie Public Assembly Ordinance, City Code 6.20 •Groups may need to pay for police overtime if the Chief determines that additional officers are necessary to protect public health, safety and welfare. •Overtime may also be charged for additional city staffing as deemed necessary by the Police Chief, for example Parks, Public Works or Fire Eden Prairie Public Assembly Ordinance •Exemptions: –School events –City events –Groups with a City Large Group Use Permit –Groups with a city parks rental agreement Edina •When a temporary liquor license is issued to a non-profit organization, a police officer must be in attendance, i.e. annual fish fry •For other special events, police decide on resources needed on a case-by-case basis. •Police are not mandated for private events unless roads will be closed. Plymouth Department determines if and how many officers are needed at a special event (defined as 100+ people) based on: estimated attendance, traffic control, location and time of event, and event activities Bloomington No requirements for an officer at a special event but the department will provide one at cost for a 3- hour minimum if the event organizers request one. Blaine •For special events, Blaine requires one officer/1,000 of expected attendance. •If alcohol is served, Blaine requires two officers per 1,000 of expected attendance. •Organizations need to submit a traffic control and security plan fee which is established annually by the city council. Three Rivers Park District •Require security at four facilities (not Bryant Lake) for rentals after 8 p.m. •Security fee of $240 is charged in addition to rental fee, regardless of whether alcohol will be served. •Groups cannot contract for their own security. Moving Forward The EPPD will staff the following events: •Schooner Days and parade •Fourth of July celebration (July 3-4) •Prairie Brewfest •Arts in the Park •People Fest •Future events as deemed necessary Moving Forward Fire Department staffing at events will allow officers to focus on security allowing Fire staff to focus on medical/First Aid needs Questions? AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, DECEMBER 3, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION OF $500 FROM HOME INSTEAD SENIOR CARE AND PRAIRIE BLUFFS SENIOR LIVING FOR LIVE WELL SEMINAR (Resolution) B. ACCEPT DONATION OF $1,500 FOR SENIOR CENTER PROGRAMS FROM EDEN PRAIRIE PROFESSIONALS IN AGING (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 12, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 12, 2019 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. PARAVEL APARTMENTS by Timberland Partners. Second Reading of an Ordinance for PUD District Amendment with waivers on 4.962 acres. Resolution for Site Plan Review on 4.962 acres (Ordinance for PUD District Amendment; Resolution for Site Plan) CITY COUNCIL AGENDA December 3, 2019 Page 2 C. NINE MILE CREEK WATERSHED DISTRICT ADDITION by Nine Mile Creek Watershed District. Second Reading of an Ordinance for PUD District Amendment with waivers on 5.31 acres. Resolution for Site Plan Review on 5.31 acres (Ordinance for PUD District Amendment; Resolution for Site Plan) D. ADOPT RESOLUTION MODIFYING REDEVELOPMENT PROJECT AREA NO. 5, ESTABLISHING TIF DISTRICT NO. 24, AND ADOPTING TIF PLAN AND AGREEMENT FOR PARAVEL AT CASTLE RIDGE E. ADOPT RESOLUTION DESIGNATING POLLING PLACES FOR 2020 F. APPROVE FUNDING RECOMMENDATIONS MADE BY THE HUMAN SERVICES REVIEW COMMITTEE FOR SOCIAL SERVICE PROVIDERS FOR 2020 AND 2021 G. ADOPT RESOLUTION IN SUPPORT OF APPLICATION TO DEED TO ASSIST DDL CORPORATION WITH BUSINESS EXPANSION H. APPROVE PURCHASE OF TASERS AND ACCESSORIES FROM AXON I. APPROVE AGREEMENT WITH WASTE MANAGEMENT FOR WASTE SERVICES J. AWARD CONTRACTS FOR 2020 WATER TREATMENT CHEMICALS K. APPROVE AGREEMENT AMENDMENT WITH SRF CONSULTING GROUP FOR RAILROAD QUIET ZONE ROAD DESIGN L. APPROVE SPECIAL ASSESSMENT AGREEMENT WITH LOTS 1 AND 2, BLOCK 1, SPRING HEIGHTS FOR EDEN PRAIRIE ROAD EXTENSION M. AWARD CONTRACT FOR POND 05-11-A DREDGING PROJECT TO BLACKSTONE CONTRACTORS, LLC. N. ADOPT RESOLUTION ACCEPTING VARIOUS 2019 DONATIONS AND IN-KIND CONTRIBUTIONS O. APPROVE AGREEMENT WITH VTI SECURITY AND XTREME INTEGRATION FOR CARD ACCESS EQUIPMENT IX. PUBLIC HEARINGS / MEETINGS A. 11000 VIKING DRIVE PARKING RAMP by United Properties Development. Resolution for PUD Concept Review on 16.2 acres; First Reading of an Ordinance for PUD District Amendment with waivers on 16.2 acres (Ordinance for PUD District Amendment; Resolution for PUD Concept) CITY COUNCIL AGENDA December 3, 2019 Page 3 B. FIRST AND SECOND READINGS OF AN ORDINANCE APPROVING 2020 FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION C. RESOLUTION APPROVING 2020 FEE SCHEDULE FOR CITY SERVICES D. RESOLUTION CERTIFYING 2020 PROPERTY TAX LEVY, ADOPTING 2020 BUDGET AND APPROVING 2020 HRA TAX LEVY E. ADA TRANSITION PLAN (Resolution) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: November 29, 2019 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, December 3, 2019 ___________________________________________________________________________________________ TUESDAY, DECEMBER 3, 2019 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office. HRA MEETING HRA I. ROLL CALL / CALL THE HRA MEETING TO ORDER HRA II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 3, 2019 MOTION: Move to: Approve the HRA minutes from September 3, 2019. HRA III. ADOPT RESOLUTION CERTIFYING 2020 HRA PROPERTY TAX LEVY TO BE $200,000 AND APPROVING 2020 HRA BUDGET OF $200,000 MOTION: Move to: Adopt the resolution certifying the 2020 HRA property tax levy to be $200,000 and approving the 2020 HRA budget of $200,000. HRA IV. ADOPT RESOLUTION MODIFYING REDEVELOPMENT PROJECT AREA NO. 5, ESTABLISHING TIF DISTRICT NO. 24, AND ADOPTING TIF PLAN AND AGREEMENT FOR PARAVEL AT CASTLE RIDGE ANNOTATED AGENDA December 3, 2019 Page 2 AND ADOPT RESOLUTION APPROVING INTERFUND LOAN AGREEMENT MOTION: Move to: Adopt the Resolution Modifying the Redevelopment Plan for Redevelopment Project Area No. 5, establishing TIF District No. 24 (Paravel Apartments), and adopting a Tax Increment Financing Plan; and Adopt the Resolution approving Interfund Loan Agreement; and Approve and authorize execution of the Tax Increment Financing Agreement for Paravel (at Castle Ridge) Apartments. HRA V. ADJOURNMENT MOTION: Move to adjourn the HRA meeting. COUNCIL MEETING IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION OF $500 FROM HOME INSTEAD SENIOR CARE AND PRAIRIE BLUFFS SENIOR LIVING FOR LIVE WELL SEMINAR (Resolution) Synopsis: The Senior Center’s Living Well Seminar was held on November 20 at the Community Center. Attendees were provided information on living a healthier and optimistic life. It included breakout sessions, a fitness session and tour of the Community Center, along with a free lunch. MOTION: Move to adopt the Resolution accepting the donation of $500 to be used towards Live Well Seminar from Home Instead Senior Care ($250) and Prairie Bluffs Senior Living ($250). B. ACCEPT DONATION OF $1,500 FOR SENIOR CENTER PROGRAMS FROM EDEN PRAIRIE PROFESSIONALS IN AGING (Resolution) Synopsis: In May, EPPIA hosted a Senior Resource Fair with over 40 area service providers focused specifically on seniors. Each vendor was charged a booth rental fee to pay for motivational speaker Richard Leider and to purchase copies of his book Life Reimagined: Discovering Your New Life Possibilities. The excess funds are to be used for the Eden Prairie Senior Center programs. EPPIA (Eden Prairie Professionals in Aging) is an organized group of Eden Prairie businesses that serve seniors. ANNOTATED AGENDA December 3, 2019 Page 3 MOTION: Move to adopt the Resolution accepting the donation of $1,500 to be used towards the Senior Birthday Party event and Senior Awareness Month programs from Eden Prairie Professionals in Aging (EPPIA). V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 12, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 12, 2019 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-O on the Consent Calendar. A. CLERK’S LICENSE LIST B. PARAVEL APARTMENTS by Timberland Partners. Second Reading of an Ordinance for PUD District Amendment with waivers on 4.962 acres. Resolution for Site Plan Review on 4.962 acres (Ordinance for PUD District Amendment; Resolution for Site Plan) C. NINE MILE CREEK WATERSHED DISTRICT ADDITION by Nine Mile Creek Watershed District. Second Reading of an Ordinance for PUD District Amendment with waivers on 5.31 acres. Resolution for Site Plan Review on 5.31 acres (Ordinance for PUD District Amendment; Resolution for Site Plan) D. ADOPT RESOLUTION MODIFYING REDEVELOPMENT PROJECT AREA NO. 5, ESTABLISHING TIF DISTRICT NO. 24, AND ADOPTING TIF PLAN AND AGREEMENT FOR PARAVEL AT CASTLE RIDGE E. ADOPT RESOLUTION DESIGNATING POLLING PLACES FOR 2020 F. APPROVE FUNDING RECOMMENDATIONS MADE BY THE HUMAN SERVICES REVIEW COMMITTEE FOR SOCIAL SERVICE PROVIDERS FOR 2020 AND 2021 G. ADOPT RESOLUTION IN SUPPORT OF APPLICATION TO DEED TO ANNOTATED AGENDA December 3, 2019 Page 4 ASSIST DDL CORPORATION WITH BUSINESS EXPANSION H. APPROVE PURCHASE OF TASERS AND ACCESSORIES FROM AXON I. APPROVE AGREEMENT WITH WASTE MANAGEMENT FOR WASTE SERVICES J. AWARD CONTRACTS FOR 2020 WATER TREATMENT CHEMICALS K. APPROVE AGREEMENT AMENDMENT WITH SRF CONSULTING GROUP FOR RAILROAD QUIET ZONE ROAD DESIGN L. APPROVE SPECIAL ASSESSMENT AGREEMENT WITH LOTS 1 AND 2, BLOCK 1, SPRING HEIGHTS FOR EDEN PRAIRIE ROAD EXTENSION M. AWARD CONTRACT FOR POND 05-11-A DREDGING PROJECT TO BLACKSTONE CONTRACTORS, LLC. N. ADOPT RESOLUTION ACCEPTING VARIOUS 2019 DONATIONS AND IN-KIND CONTRIBUTIONS O. APPROVE AGREEMENT WITH VTI SECURITY AND XTREME INTEGRATION FOR CARD ACCESS EQUIPMENT IX. PUBLIC HEARINGS / MEETINGS A. 11000 VIKING DRIVE PARKING RAMP by United Properties Development. Resolution for PUD Concept Review on 16.2 acres; First Reading of an Ordinance for PUD District Amendment with waivers on 16.2 acres (Ordinance for PUD District Amendment; Resolution for PUD Concept) Synopsis: The applicant is requesting to construct a 69,300 square foot, 2.5 story parking ramp at 11000 Viking Drive, outlined in the image below. The purpose of this project is to increase the parking ratio on the site to better comply with current Office District standards and potential new tenant needs. The existing parking ratio on the site is 2.77 stalls per 1,000 square feet. The lower parking ratio than district standards was unique to Lifetouch, who required large, open work spaces for a smaller number of employees due to the nature of their work. ANNOTATED AGENDA December 3, 2019 Page 5 The proposed ramp will be 26 feet tall and increase the parking ratio to 3.6 stalls per 1,000 square feet. Proof of parking can be provided by adding a third level to the ramp to provide the 4 stalls per 1,000 square feet required in the Office zoning district. Adding the third level to the ramp will increase the height to 42 feet and bring the site into compliance with district parking standards. There is an existing PUD on the site, approved in 2003. The 2003 PUD Master Plan noted a parking ramp in the approximate location of the proposed parking ramp. MOTION: Move to: Close the Public Hearing; and Adopt a Resolution for Planned Unit Development Concept Review on approximately 16.3 acres; and Approve the 1st reading of the Ordinance for Planned Unit Development District Review with waivers on approximately 16.3 acres; and Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. B. FIRST AND SECOND READINGS OF AN ORDINANCE APPROVING 2020 FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND RESOLUTION APPROVING SUMMARY ORDINANCE FOR PUBLICATION Synopsis: This Ordinance establishes a fee schedule for the City’s costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. MOTION: Move to: Close the Public Hearing; and ANNOTATED AGENDA December 3, 2019 Page 6 Approve the first and second readings of the Ordinance Updating the Fee Schedule for Administration of Official Controls and adopt the resolution approving the Summary for Publication. C. RESOLUTION APPROVING 2020 FEE SCHEDULE FOR CITY SERVICES Synopsis: This Resolution updates the fee schedule for the City’s services not covered by ordinance. MOTION: Move to: Close the Public Hearing; and Adopt the 2020 fee Resolution D. RESOLUTION CERTIFYING 2020 PROPERTY TAX LEVY, ADOPTING 2020 BUDGET AND APPROVING 2020 HRA TAX LEVY Synopsis: On September 3, 2019, the Eden Prairie City Council adopted a resolution certifying the proposed 2020 City budget and property tax levy. Calculations for the City showed the budget to be $51,610,456 and the certified levy to be $39,621,102 before fiscal disparities distribution. The net tax levy after fiscal disparities distribution of ($2,046,407) is $37,574,695. The 2020 budget is balanced with revenues equaling expenditures. The 2020 proposed budget maintains City services with a budget increase of 3.3% in the general fund and also a total budget increase of 3.1% which includes the capital levy and debt service payments. The tax levy is budgeted to increase 3.4%. According to state statute, the final levy amount must be certified to the county auditor by December 30, 2019. City Council adoption of the final levy and budget will complete this process. MOTION: Move to: Close the Public Hearing; and Adopt a resolution certifying the 2020 Property Tax levy to be $39,621,102; and Approve the 2020 Budget of $51,610,456 as reviewed by the Council; and Approve the HRA tax levy and budget of $200,000. E. ADA TRANSITION PLAN (Resolution) Synopsis: The Americans with Disabilities Act (ADA), enacted on July 26, 1990, is a civil rights law prohibiting discrimination against individuals on the basis of disability. Title II of ADA pertains to the programs, activities and services public ANNOTATED AGENDA December 3, 2019 Page 7 entities provide. As a provider of public transportation facilities, the City of Eden Prairie must comply with this section of the Act as it specifically applies to public service agencies. Title II of ADA provides that, “…no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” As required by Title II of ADA, the City of Eden Prairie has conducted a self-evaluation of its facilities within public rights of way and has developed this Right of Way Transition Plan detailing how the organization will ensure that all of those facilities are accessible to all individuals. This document serves as a supplement to the City’s existing Transition Plan covering buildings, services, programs and activities. MOTION: Move to: Close the Public Hearing; and Adopt a resolution approving the City of Eden Prairie ADA Transition Plan for the Right of Way. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY ANNOTATED AGENDA December 3, 2019 Page 8 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, DECEMBER 3, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case, Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, City Planner Julie Klima, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL / CALL THE HRA MEETING TO ORDER II.APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 3, 2019 III.ADOPT RESOLUTION CERTIFYING 2020 HRA PROPERTY TAX LEVY TOBE $200,000 AND APPROVING 2020 HRA BUDGET OF $200,000 IV.ADOPT RESOLUTION MODIFYING REDEVELOPMENT PROJECT AREANO. 5, ESTABLISHING TIF DISTRICT NO. 24, AND ADOPTING TIF PLAN AND AGREEMENT FOR PARAVEL AT CASTLE RIDGE AND ADOPTRESOLUTION APPROVING INTERFUND LOAN AGREEMENT V. ADJOURNMENT UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, SEPTEMBER 3, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case, Council Members Brad Aho, Mark Freiberg, PG Narayanan, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Jay Lotthammer, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL / CALL THE HRA MEETING TO ORDER Chair Case called the meeting to order at 7:01 PM. All HRA members were present. II.APPROVE MINUTES OF HRA MEETING HELD ON AUGUST 13, 2019 MOTION: Nelson moved, seconded by Narayanan, to approve the HRA minutes from August 13, 2019. Motion carried 5-0. III.ADOPT RESOLUTION HRA NO. 2019-04 APPROVING THE 2020 PROPERTY TAX LEVY AND ACCEPTING THE PROPOSED 2020 BUDGET Getschow said the preliminary levy and budget for the HRA, as well as that of the City, must be set before the end of September. The HRA levy and budget represent funding for staff time to support housing and redevelopment activities. In December, the Council will be asked to finalize the budget and levy. The amount of the levy could be reduced at that time, but may not be raised above the $200,000 preliminary amount. Case commented this has been the same amount for about the last 20 years. Getschow responded there are a number of programs and sources of revenue for the City’s housing programs, and staff feels comfortable with the proposed amount. MOTION: Aho moved, seconded by Freiberg, to adopt Resolution HRA No. 2019-04 to approve the proposed 2020 property tax levy to be $200,000 and to accept the proposed 2020 budget of $200,000. Motion carried 5-0. IV.ADJOURNMENT MOTION: Narayanan moved, seconded by Freiberg, to adjourn the HRA meeting.Motion carried 5-0. Chair Case adjourned the meeting at 7:04 PM. HOUSING AND REDEVELOPMENT AUTHORITY AGENDA DATE: December 3, 2019 DEPARTMENT / DIVISION: Sue Kotchevar Administration / Finance ITEM DESCRIPTION: Resolution Approving the 2020 HRA Property Tax Levy and Accepting the 2020 HRA Budget HRA ITEM NO.: III. Requested Action Move to: Adopt resolution certifying the 2020 HRA Property Tax levy to be $200,000 and approving the 2020 HRA Budget of $200,000 as reviewed by the Council. Synopsis On September 3, 2019 the HRA approved the proposed 2020 HRA property tax levy and budget. Also on September 3, 2019, the Eden Prairie City Council adopted resolutions consenting and approving the proposed 2020 HRA property tax levy and budget. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY H.R.A. RESOLUTION NO. 2019-__ A RESOLUTION APPROVING THE HRA 2020 PROPERTY TAX LEVY AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS WHEREAS, the Housing and Redevelopment Authority of the City of Eden Prairie has reviewed the proposed 2020 budget and tax levy; and WHEREAS, the Housing and Redevelopment Authority has decided to accept these recommendations. NOW, THEREFORE, BE IT RESOLVED that the Housing and Redevelopment Authority: 1. Approves the following proposed taxes on real and personal property within the City of Eden Prairie for the 2020 budget contingent upon City Council approval. Levy on Tax Capacity $200,000 2. Approves the 2020 proposed budget totaling $200,000 at this time. ADOPTED by the Housing and Redevelopment Authority on December 3, 2019. ___________________________ Ronald A. Case, Chair ATTEST: SEAL _____________________________ Rick Getschow, Executive Director HRA AGENDA DATE December 3, 2019 DEPARTMENT / DIVISION Community Development Janet Jeremiah, Director ITEM DESCRIPTION Paravel final actions Modifying Redevelopment Plan, Establishing TIF District, adopting TIF Plan, Approving Interfund Loan Agreement, and authorizing execution of TIF Agreement ITEM NO. IV. Requested Action Move to: •Adopt Resolution Modifying the Redevelopment Plan for Redevelopment Project Area No. 5, establishing TIF District No. 24 (Paravel Apartments), and adopting a Tax Increment Financing Plan; and •Adopt Resolution approving Interfund Loan Agreement; and •Approve and authorize execution of the Tax Increment Financing Agreement for Paravel (at Castle Ridge) Apartments. Synopsis Timberland Partners is requesting Tax Increment Financing (TIF) for Paravel at 635 Prairie Center Drive, the second phase of the Castle Ridge Redevelopment project. Paravel is a 5-7 story mixed-income apartment project that meets the criteria for a new Housing TIF District. 20% of the units (50 of the 246 total units) will be affordable to residents earning at or below 50% of the Area Median Income (AMI). An additional 7 units will be affordable to residents earning at or below 80% of the AMI and 6 more units will be affordable to residents earning at or below 100% of the AMI. The remaining 183 units will be market rate and include one guest unit. This request necessitates a Redevelopment Plan modification, creation of a new TIF District #24 and TIF Plan for Paravel. As part of the Redevelopment Plan modification, staff recommends expanding the boundaries of the City’s Redevelopment Project Area #5 to be coterminous with the City’s boundaries. This is a common approach that allows more flexibility in considering future support for housing throughout the City. These actions were found to be consistent with the City’s Comprehensive Plan by the Planning Commission at their August 26, 20919 meeting. The City Council held a public hearing on September 17, 2019 and directed staff to prepare these items for HRTA/City Council approval as appropriate. Background Livable Communities Grant: Due to the extraordinary costs of developing mixed income housing at this site, public financing is being requested from the City and Metropolitan Council. The City has submitted an application for Metropolitan Council Livable Communities Demonstration Account funding in the amount of $850,000. That application has been recommended for funding by the Livable Communities Advisory Committee and Community Development Committees of the Metropolitan Council. Final Metropolitan Council approval is expected on December 11, 2019. Housing TIF: Timberland is requesting new Housing TIF District financing for Paravel. Their original request was for $11,845,000 of new TIF in the form of pay-as-you-go over 26 years Ehlers Public Finance (our TIF consultants) and staff have reviewed Timberland’s application. We have determined that the proposal meets the “but for test” for TIF District financing However, the development does not require the requested amount of TIF to generate reasonable profits. Therefore, Ehlers and staff recommend $7,976,923 of present value TIF paid over 26 years. Due to the greater need for TIF resources in the early years, staff recommends paying 97% of the projected available TIF for the first 5 years and then dropping down to 80% and 50% as the project begins to generate greater returns. This approach will allow the City to pool $2,369,493 of present value TIF for other projects and administrative costs. Affordable TIF Units: During the 26 year affordability period, Paravel would need to maintain 50 units at rents affordable to households whose incomes do not exceed 50% of the AMI. Paravel would submit annual information to the City regarding the households occupying these units and the rents they pay compared to commensurate market rate units. Of the 50 affordable TIF units, staff recommends a maximum of 13 studios, and a minimum of 27 one bedroom and 10 two bedroom units. Inclusionary Housing (IH) Units: Staff recommends that the developer include 13 Inclusionary Housing (IH) units in perpetuity. 7 of the units would be affordable to households earning up to 80% of AMI and would include a maximum of 3 studios and a minimum of 3 one bedroom and 1 two-bedroom units. The remaining 6 IH units would be affordable to households earning up to 100% AMI and would include a maximum of 1 studio unit and a minimum of 1 one bedroom and 4 two bedroom units. Park Dedication: Staff recommends waiving park dedication fees for the TIF units and collecting the fees for the market rate and IH units. The developer has signed the agreement with these terms. Attachments Resolution Modifying Redevelopment Plan, Establishing TIF District and Adopting TIF Plan Resolution Approving Interfund Loan Agreement Tax Increment Financing Agreement HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA H.R.A. RESOLUTION NO. 2019-__ RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 5, ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 24: PARAVEL THEREIN, AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR WHEREAS, it has been proposed by the Board of Commissioners (the "Board") of the Housing and Redevelopment Authority in and for the City of Eden Prairie (the "HRA") and the City of Eden Prairie (the "City") that the HRA adopt a Modification to the Redevelopment Plan (the "Redevelopment Plan Modification") for Redevelopment Project Area No. 5 (the "Project Area") and establish Tax Increment Financing District No. 24: Paravel (the "District") and adopt a Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the "Plans"), all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047, and Sections 469.174 to 469.1794, inclusive, as amended (the "Act"), all as reflected in the Plans and presented for the Board's consideration; and WHEREAS, the HRA has investigated the facts relating to the Plans and has caused the Plans to be prepared; and WHEREAS, the HRA has performed all actions required by law to be performed prior to the adoption of the Plans. The City Council has also held a public hearing on September 17, 2019, on the Plans upon published notice as required by law. NOW, THEREFORE, BE IT RESOLVED by the Board as follows: 1. The HRA hereby finds that the District is in the public interest and is a "housing district" under Minnesota Statutes, Section 469.174, Subd. 11, and finds that the adoption of the proposed Plans conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State of Minnesota for affordable and high-quality housing. 2. The HRA further finds that the Plans will afford maximum opportunity, consistent with the sound needs for the City as a whole, for the development or redevelopment of the Project Area by private enterprise in that the intent is to provide only that public assistance necessary to make the private developments financially feasible. 3. The boundaries of the Project Area are being expanded to include the area of the District. 4. The reasons and facts supporting the findings in this resolution are described in the Plans and are attached here to as Exhibit A. 5. The HRA elects to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause b, which means the fiscal disparities contribution would be taken from inside the District. 6. The Plans, as presented to the HRA on this date, are hereby approved, established and adopted and shall be placed on file in the office of the Executive Director of the HRA. 7. Upon approval of the Plans by the City Council, the staff, the HRA's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and for this purpose to negotiate, draft, prepare and present to this Board for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Approval of the Plans does not constitute approval of any project or a Development Agreement with any developer. 8. The Executive Director of the HRA is authorized and directed to forward a copy of the Plans to the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. 9. The Executive Director of the HRA is authorized and directed to forward a copy of the Plans to the Hennepin County Auditor and request that the Auditor certify the original tax capacity of the District as described in the Plans, all in accordance with Minnesota Statutes 469.177. ADOPTED by the Housing and Redevelopment Authority this 3rd day of December, 2019. ________________________ Ronald A. Case, Chair ATTEST: _____________________________ Rick Getschow, Executive Director (Seal) EXHIBIT A The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 24: Paravel, as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that Tax Increment Financing District No. 24: Paravel is a housing district as defined in M.S., Section 469.174, Subd. 11. TIF District No. 24: Paravel consists of one parcel. The development will consist of approximately 246 apartment units. A portion of the housing units will receive tax increment assistance and will meet income restrictions described in M.S. 469.1761. At least 20 percent of the units (50 apartments) receiving assistance will have incomes at or below 50 percent of statewide median income. Appendix C of the TIF Plan contains background for the above finding. 2. Finding that the proposed development, in the opinion of the HRA, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The proposed development, in the opinion of the HRA, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the development proposed in this plan contains affordable housing units that meet the City's objectives for development. The cost of land acquisition, site and public improvements and construction makes this housing development infeasible without City assistance. The cost of land acquisition and construction are the same for affordable housing units as they are for market rate projects. The decreased rental income from the affordable units, means there is less cash flow available to service the operating and debt expenses for the project. This leaves a gap in funding for the project. The amount of the gap has been verified by the City and HRA’s consultant. The need to offset this reduction in rents for the affordable units makes this housing development feasible only through assistance, in part, from tax increment financing. The developer was asked for and provided a letter and a pro forma as justification that the project would not have gone forward without tax increment assistance. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan: This finding is justified on the grounds that the costs of acquisition, building demolition, site improvements, utility improvements and construction of affordable housing add to the total development cost. Historically, the costs of site and public improvements, as well as high market rate rents in the City have made development of affordable housing infeasible without tax increment assistance. Although other projects could potentially be proposed, the HRA reasonably determines that no other redevelopment of similar scope providing the desired affordability can be anticipated on this site without substantially similar assistance being provided to the development. 3. Finding that the TIF Plan for Tax Increment Financing District No. 24: Paravel conforms to the general plan for the development or redevelopment of the municipality as a whole. The HRA finds that the TIF Plan conforms to the general development plan of the City. The TIF Plan is consistent with amendments approved by the City Council to the Comprehensive Guide Plan and zoning. 4. Finding that the TIF Plan for Tax Increment Financing District No. 24: Paravel will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Redevelopment Project Area No. 5 by private enterprise. The project to be assisted by the District will result in diversified housing opportunities and increased employment and increased tax base in the City and the State of Minnesota, and the addition of a high-quality development to the City. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA H.R.A. RESOLUTION NO. 2019-__ RESOLUTION AUTHORIZING AN INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 24 BE IT RESOLVED by the Board of Commissioners (the “Board”) of the Housing and Redevelopment Authority in and for the City of Eden Prairie (the “HRA”) as follows: Section 1. Background. 1.01. The HRA has heretofore approved the establishment of Tax Increment Financing District No. 24 (the “TIF District”) within Redevelopment Project Area No. 5 (the “Project”) and has adopted a Tax Increment Financing Plan (the “TIF Plan”) for the purpose of financing certain improvements within the Project. 1.02. The HRA is authorized to use tax increment to pay for certain costs identified in the TIF Plan consisting of land/building acquisition, site improvements/preparation/demolition, public utilities, streets and sidewalks, other qualified improvements, affordable housing, interest and administrative costs (collectively, the "Qualified Costs"), which costs may be financed on a temporary basis from HRA funds available for such purposes. 1.03. Under Minnesota Statutes, Section 469.178, Subd. 7, the HRA is authorized to advance or loan money from any fund from which such advances may be legally authorized, in order to finance the Qualified Costs. 1.04. The HRA intends to reimburse itself for the Qualified Costs from tax increments derived from the TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the "Interfund Loan"). Section 2. Terms of Interfund Loan. 2.01. The HRA hereby authorizes the advance of up to $50,000 from the HRA Fund or so much thereof as may be paid as Qualified Costs. The HRA shall reimburse itself for such advances together with interest at the rate stated below. Interest accrues on the principal amount from the date of each advance. The maximum rate of interest permitted to be charged is limited to the greater of the rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the date the loan or advance is authorized, unless the written agreement states that the maximum interest rate will fluctuate as the interest rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 are from time to time adjusted. The interest rate shall be 5% and will not fluctuate. 2.02. Principal and interest ("Payments") on the Interfund Loan shall be paid semi-annually on each August 1 and February 1 (each a "Payment Date"), commencing on the first Payment Date on which the Authority has Available Tax Increment (defined below), or on any other dates determined by the Executive Director through the date of last receipt of tax increment from the TIF District. 2.03. Payments on this Interfund Loan are payable solely from "Available Tax Increment," which shall mean, on each Payment Date, tax increment available after other obligations have been paid, or as determined by the Executive Director, generated in the preceding six (6) months with respect to the property within the TIF District and remitted to the HRA by Hennepin County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1794, all inclusive, as amended. Payments on this Interfund Loan may be subordinated to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment and are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. 2.04. The principal sum and all accrued interest payable under this Interfund Loan are pre- payable in whole or in part at any time by the HRA without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. 2.05. This Interfund Loan is evidence of an internal borrowing by the HRA in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. This Interfund Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the HRA or the City of Eden Prairie. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Interfund Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Interfund Loan or other costs incident hereto. The HRA shall have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid after the final Payment Date. 2.06. The HRA may amend the terms of this Interfund Loan at any time by resolution of the Board, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Section 3. Effective Date. This resolution is effective upon the date of its approval. ADOPTED by the Housing and Redevelopment Authority this 3rd day of December, 2019. ________________________ Ronald A. Case, Chair ATTEST: _____________________________ Rick Getschow, Executive Director (Seal) CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: December 3, 2019 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donations for Living Well Seminar ITEM NO.: IV.A. Requested Action Move to: Adopt the Resolution accepting the donation of $500 to be used towards Live Well Seminar from Home Instead Senior Care ($250) and Prairie Bluffs Senior Living ($250). Synopsis The Senior Center’s Living Well Seminar was held on November 20 at the Community Center. Attendees were provided information on living a healthier and optimistic life. It included breakout sessions, a fitness session and tour of the Community Center, along with a free lunch. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $500 to be used towards Living Well Seminar from Home Instead Senior Care ($250) and Prairie Bluffs Senior Living ($250) is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of December, 2019. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: December 3, 2019 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donations for Senior Center Programs from Eden Prairie Professionals in Aging (EPPIA) ITEM NO.: IV.B. Requested Action Move to: Adopt the Resolution accepting the donation of $1,500 to be used towards the Senior Birthday Party event and Senior Awareness Month programs from Eden Prairie Professionals in Aging (EPPIA). Synopsis In May, EPPIA hosted a Senior Resource Fair with over 40 area service providers focused specifically on seniors. Each vendor was charged a booth rental fee to pay for motivational speaker Richard Leider and to purchase copies of his book Life Reimagined: Discovering Your New Life Possibilities. The excess funds are to be used for the Eden Prairie Senior Center programs. EPPIA (Eden Prairie Professionals in Aging) is an organized group of Eden Prairie businesses that serve seniors. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $1,500 to be used towards the Senior Center Birthday event and Senior Awareness Month programs from EPPIA (Eden Prairie Professionals in Aging). ADOPTED by the City Council of the City of Eden Prairie this 3rd day of December, 2019. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Kathleen Porta, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, NOVEMBER 12, 2019 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Katie O’Connor Workshop - Heritage Rooms I and II (5:30) I. 2020-2021 ENTERPRISE FUND BUDGETS Mayor Case called the meeting to order and Council Member Nelson was absent. Finance Manager Kotchevar presented on the 2020 and 2021 utility budgets and the goals. Kotchevar provided the history of the conservation rate approach. The last utility rate study was conducted in 2017, and currently the City is at a four tier rate structure to further promote conservation. 2018 budgeted amounts for water flow and revenue, wastewater flow and revenue, and stormwater revenue were close to the actual numbers. Due to the rainy weather, 2019 revenue decreased, but one year does not create a trend. Aho stated water usage decreased significantly when the rate structure was revamped. He inquired if the City has incorporated those new statistics into the budgeted amounts in 2018. Kotchevar replied yes. The City is being expecting water usage to decrease per user. Council Member Narayanan inquired if the City can incentivize residents to install high efficiency appliances and smart sprinkler systems. Public Works Director Ellis stated the City program helps with the cost of installation of a smart irrigation controller. Programmed sprinklers utilize the forecasted weather to determine if an irrigation system needs to run. Many residents have installed smart controllers this year. Narayanan inquired how the City educates residents on these programs. Ellis stated even with population increases, overall water usage is the same this year as it was in 1995. The goal is to continue to educate. Mayor Case inquired how much of the total water usage is due to watering lawns. Ellis replied 41.1 percent. Case inquired if the City can determine how much of the water conservation is due to the weather. Ellis stated in comparison to winter water usage, total in water usage is roughly ten to 15 percent lower. City Council Workshop Minutes November 12, 2019 Page 2 Aho inquired what the City’s water processing and storage capacity is. Ellis replied the City currently has 15 wells, and has four additional wells planned in the next ten years. No expansion to the water plant is needed, as it can process 29 million gallons in a peak hour. The distribution system overall is doing well. With the new ground storage reservoir, the City will be in good standing through 2040 to 2050 for water storage. Kotchevar stated AE2S Nexus conducted an annual study of metropolitan area rates. The City’s rates are reasonable and lower overall compared to most surrounding cities. Narayanan inquired why the other community’s water rates are lower. Kotchevar stated over the years the City has stayed fairly consistent. Aho noted the water treatment plant also softens the water. Case stated the City’s philosophy of funding the water system is different than other cities, as there are water access charges (WAC) and sewer access charges (SAC). Ellis noted many developers buy into the system with the SAC, WAC, trunk, and connection fees. Getschow added the two cities with the lowest overall cost pay less for stormwater. Narayanan inquired if infrastructure is factored into the City rates. Kotchevar stated the incoming revenue funds the depreciation of the system. Case noted it is not an equal comparison across cities. The City provides quality services. Kotchevar stated the annual increases are minimal to cover costs. Sanitary sewer is projected to increase three percent each year. Water will increase four percent. The base charge will be increasing eight percent, and storm drainage will also increase eight percent. The base charge is the steady revenue, no matter the weather. The City receives 20 percent of this revenue, and the increases are comparable to metropolitan cities. Aho stated eight percent seems steep for an annual increase over time. Kotchevar replied the eight percent base charge is what is projected to be needed for two years, but the adjustment will decrease after 2021 to about three percent. Aho noted the sanitary sewer costs are set by the Metropolitan Council. Case noted the base rate will need to increase to continue to maintain the system. Kotchevar stated storm drainage has an increase of eight percent, and these additional resources are needed for upcoming projects. Irrigation has similar rate increases to residential water. Aho inquired if the City is doing well on infiltration and inflow. Ellis responded yes. The City received a grant from the Metropolitan Council to continue the work being done. Kotchevar provided data over the history of utility water rate ranges. In 2018 tier five was combined with tier four. Tier one has steadily decreased in the last ten years from 36,000 gallons per quarter to 20,000 gallons per quarter. Tier two and tier three have remained consistent, and tier four has decreased. 76 percent of water usage is in tier one, 15 percent in tier two, five percent in tier three, and four percent in tier four. Utility water rate ranges for irrigation have remained fairly consistent. Tier one had a slight decrease from 16,000 gallons per month to 13,000 gallons per month. Tier three and tier four were combined in 2018. City Council Workshop Minutes November 12, 2019 Page 3 Water usage in tier one is 42 percent, tier two is three percent, and tier three is 55 percent. Narayanan inquired if both residential and commercial water usage are decreasing. Ellis responded they have both decreased. Case noted the school district has their own wells. Kotchevar stated water usage has steadily declined since 2012, and water usage has remained consistent over the last four years. In regards to the water budget, operating revenues have increased 4.4 percent in 2020 and 3.8 percent in 2021 due to rate changes. Non-operating revenues are difficult to budget but will also increase. Expenditures are increasing 4.1 percent in 2020 and three percent in 2021. Other expenses within the budget will be decreasing. In regards to the wastewater fund, operating revenues will increase 3.7 percent in 2020 and 3.6 percent in 2021. Operating expenditures will decrease by 4.1 percent in 2020 as there is a decrease in fees to the Metropolitan Council Environmental Services (MCES). Expenditures will increase four percent in 2021. Aho inquired if the decrease is due to a decrease in usage rather than rates. Ellis replied both rates and usage are decreasing. Kotchevar stated annual MCES charges have steadily increased from 2016 until 2019. Aho noted it would be a good comparison to look at rates as well. Getschow added many years their rates have increased more than our budget increases. The City’s flow may decrease but the payments have increased. Kotchevar stated in regards to the stormwater fund, operating revenues are increasing eight percent per year, correlating with the rate increase. Non-operating revenues are increasing 2.9 percent in 2020 and 6.7 percent in 2021. Capital outlays and depreciation will increase. Overall, the water and wastewater funds are meeting the fund balance policy. The City is working toward meeting the fund balance policy for the stormwater fund. Aho inquired if fund balances are factoring in potential needs and replacement of the system. Kotchevar stated each year part of the study is the projected revenue, subtracting expenditures, and factoring in the capital plan. 2010 was the first time an independent analysis was done of all the utility lines. This helped the City determine the depreciation of the system so the City can appropriately allocate funds. Ellis noted annual MCES charges are lower, 2019 flow was 1.56 billion gallons. The last time the City flow was at this point or lower was 2016. Aho inquired about creating a graph for MCES rate charges in comparison to total MCES charges. Case inquired what other enterprise funds the City has. Kotchevar responded there are many, including debt funds, tax increment financing (TIF), capital investment and maintenance funds, economic development fund, and park improvement fund. Getschow noted these will be reviewed in the spring. Kotchevar stated enterprise funds are for a service charged outside of the government and the intention is to cover the cost of the service. Case inquired if the road maintenance fund is an enterprise fund since the City charges a franchise fee. Ellis stated Xcel Energy is charged to use the right-of-way. City Council Workshop Minutes November 12, 2019 Page 4 Liquor Operations Manager Urbina provided an overview of the store history, 2020 and 2021 liquor operations budget, and goals. The liquor stores are engaged in the community and maintain partnerships with the Eden Prairie Rotary, Eden Prairie Foundation, Parks and Recreation events, and People Reaching Out to People (PROP). Year to date, there is a 2.6 percent increase in sales from 2018. Year to date, the customer count has increased one percent, and the average sale per customer has increased 1.6 percent. Store one, by Kowalski’s, is the frontrunner in sales. Freiberg inquired if City liquor sales have recovered from Total Wine moving into Chanhassen. Urbina responded the biggest impact was to the Kowalski’s store, and sales have recovered. Urbina stated the liquor operations priorities are customer service, employee development, communication, and events. They have worked to build retention and loyalty through their wine club and loyal customer perks. There has been greater success with outreach and targeted marketing via electronic marketing and Facebook. Liquor store events have also been very successful utilizing Eventbrite for ticket sales. Freiberg noted the event feedback has been very positive. Urbina stated the liquor stores have hosted educational events around wine, liquor, and beer and in-store walk around events related to spirits and bourbon raffles. Overall, wine has been the most popular with clientele. In regards to the budget, there were two new ten-year leases for stores one and three. Narayanan acknowledged the large budgeted amount for bank and credit card fees. Getschow added the City pays large fees on credit card purchases for building permits as well. The City has considered a fee for credit card purchases or setting a limit for purchases. Narayanan inquired if cash is required to purchase a gift card. Urbina replied customers can pay with credit card. Urbina stated there is a budgeted increase of 3.2 percent in sales for 2020 and 3.5 percent in 2021. There is an operating expense increase of four percent for 2020 and 3.5 percent for 2021. There is an operating income increase of 1.3 percent for 2020 and 3.2 percent in 2021. Narayanan inquired if the City has considered delivery. Urbina replied this is a work in progress. Ideally, the City would like delivery to be a mainstreamed process rather than handling the delivery through many different groups. Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, NOVEMBER 12, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark Freiberg, P G Narayanan, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. Council Member Nelson was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. SUSTAINABLE EDEN PRAIRIE AWARDS Ellis reported this is the third year of presenting residents and businesses with the Sustainable Eden Prairie Award. The Sustainable Eden Prairie Award recognizes significant and innovative investments that contribute to the overall vitality and sustainability of the community. The four nomination categories reflect the four Sustainable Eden Prairie focus areas – energy, landscape, waste, and water. Members of the Conservation Commission reviewed the applications and have made recommendations for the awards in each of the four categories. Student commissioners from the Conservation Commission and Mayor Case presented the awards, as follows: Mina Kim announced the Energy award to Peggy and Bruce Kvam; Kiersten Orning announced the Landscape award to Angela Dunn; Robin Gurumurthy announced the Water award to Jen Heyer; and Abhiram Nallamalli announced the Waste award to PROP Food. Ellis congratulated the award winners. Case noted it is nice to have the students serving on the Conservation Commission at the meeting tonight. CITY COUNCIL MINUTES November 12, 2019 Page 2 B. FLYING CLOUD AIRPORT MAC UPDATE Case said recently there have been questions raised in conversations with residents as to whether we are experiencing greater noise than we did in previous years at the Flying Cloud Airport. There was some conflict in the late 1990’s between the City and MAC, and in 2002 we came to an agreement regarding their plans to expand the runway. Since the time of the agreement, some of the projected growth at the airport did not occur because of the economic recession. We asked representatives of the Metropolitan Airport Commission to come in to give a presentation about where we are at the airport. Rick King, MAC Chair, introduced Braj Agrawal, Eden Prairie resident and new MAC Commissioner, Joe Harris, MAC Director of Reliever Airports, and Dana Nelson, MAC Director of Stakeholder Engagement. Mr. Harris and Ms Nelson gave a PowerPoint update on Flying Cloud Airport reviewing the economic impact of the airport, the corporate and life-saving flight services located there, and the services performed for the community. Mr. Harris noted their appreciation for the excellent cooperation of Eden Prairie staff who are a pivotal partner with the Flying Cloud Airport. Ms Nelson gave an update on aircraft operations and noise trends. She pointed out there is a team at the MAC dedicated to working with residents and operators at the reliever airports. She presented a chart of the annual operations at the airport broken out by aircraft family. She noted as technology has improved, they have been able to identify many of the previously unknown aircraft type, and a large percentage of those have been identified as piston aircraft. She reviewed the jet operations at Flying Cloud Airport from January to September 2019 and noted the airport does not have commercial or cargo operations. Case commented the 2002 Agreement states the airport will never become one with scheduled commercial service. Ms Nelson explained the 2002 Agreement also included Ordinance 97 which limits aircraft weight to 60,000 lbs. She reviewed the procedure used to notify operators who violate Ordinance 97. Case asked what happens if the aircraft violating Ordinance 97 returns to the airport a second time. Ms Nelson responded there have been a few operators who have received multiple letters, and she and Mr. Harris work with them to provide education about the airport. The MAC has good relations with the tenants and repeat violations are rare. Case commented there seems to be no teeth in the ordinance and asked if there are consequences for repeat violations at this time. Ms Nelson replied the language of the 2002 Agreement allows the City and MAC to work together on what the consequences would be. Case understood there are some issues about getting a letter to the right entity between the operator and the owner of the aircraft. Ms Nelson agreed. Case said we have received more and more complaints about the jet traffic in particular, and there was quite a spike in jet operations from 2014 to 2018. He thought that might be the reason for a lot of people’s perception of increased noise. Ms Nelson agreed the number of jet operations has increased since 2014. CITY COUNCIL MINUTES November 12, 2019 Page 3 Aho asked if there was any sense that any of the operations outside of the agreement hours are medically related. Ms Nelson responded there are some medical operations that operate during late hours. On occasion, some night training flights may occur because operators must complete a certain amount of training after dark. In addition, flights arriving from the west coast often arrive from 10:00 p.m. to midnight. Narayanan thought medical operations are an exception, so he would like to see that figure broken out. Case said he would also like to see that data segregated. Ms Nelson said she could look up the figure and send it to the Council Members. Case asked if some of the medically related flights occur as part of other business flights. Mr. Harris replied that does occur, but there is an operator at Flying Cloud Airport who is dedicated to medical flights. Narayanan asked how many medical flights occur in a day. Mr. Harris responded the average would be about ten per day, and not necessarily at night. Narayanan asked the maximum number of flights per hour at the airport. Ms Nelson said she did not know the total capacity, but it would be quite a bit more than the current number of flights. Ms Nelson reviewed the operations by month. She explained there are seasonal trends for aircraft traffic, and traffic tends to peak in the summer. She reviewed a graph of complaints and locations that indicated 2011 was the peak. In that year one location filed 45% of the complaints received. She stated the MAC has a commitment in the final agreement to investigate noise complaints and to follow up with any flight not following the terms of the agreement. They send letters to the operators and work with the Flying Cloud Airport Advisory Commission (FCAAC), the airport manager, and the operators to share the information. Freiberg questioned the figure of 45% of the complaints from one source because that would be 1800 complaints in one year. Ms Nelson stated that figure is correct. The Mac staff talk to the complainants to help educate them about the airport activities. She noted currently 90% of the noise complaints come to their office via the internet. Narayanan asked if they have looked at what they are complaining about. Ms Nelson said there has been an increase overall in daytime and nighttime complaints, and we see a mix of new or frequent complainants. Using the flight data the staff compare the complaint with what is happening at the time. Aho asked if there is a correlation between a complaint and a specific operation. Ms Nelson replied they do compare complaints to aircraft type. Narayanan asked if they have a way of measuring the noise levels each day. Ms Nelson explained the MAC must perform noise monitoring and must use a software proscribed by the FAA to evaluate noise signatures. That is done every time the MAC produces a long term comprehensive plan, which occurs every ten years. Narayanan asked if there is a way to check back on a specific flight to validate a resident’s complaint. Ms Nelson replied there are requirements in the Final Agreement specifically dealing with CITY COUNCIL MINUTES November 12, 2019 Page 4 nighttime run-up operations, and there is a noise monitor on the airfield used specifically to investigate nighttime run-up operations. Because of the requirements for gathering noise data across all directions of the airport, it becomes exhaustive to deploy that type of equipment all around the airport. They have a fairly new tool to measure noise metrics and are able to do some different things to explain what is happening. Narayanan asked what their prediction is for next year. Ms Nelson replied they have tried to look at predictive technology for noise complaints, but it depends too much on human factors. She estimated we will see around the 85-88,000 operations per year. Aho asked if there has been a significant change in the type of aircraft using the airport. Ms Nelson responded there is an evolution underway now with commercial aircraft. The technology at airports like FCM tends to trail behind the commercial airports, but there is going to be a tendency towards those types of aircraft. Corporate and general aviation aircraft are more difficult to change out for new technology. Narayanan asked if CO2 emissions decrease with changes in technology and if they have a way to measure that. Ms Nelson replied any kind of change at the airport that requires federal funding would come with a requirement for an environmental review and would cause us to do monitoring and modeling. They don’t do air quality statistics on a regular basis. Narayanan asked if we are decreasing CO2 pollution overall. Ms Nelson replied newer aircraft do pollute less. Freiberg asked if there is a proactive approach to deal with situations like the large number of complaints by one person. Mr. King replied we occasionally see a year with an aberration in the complaints received, and it may occur when a new individual moves into the area and may not know the airport is there. We talk to the individuals and try to have a dialogue to educate them about the airport. We don’t want to focus on that one year because 2011 was an aberration. Case said he and Mr. Rosow go back to the 1990s when we brought about the Final Agreement. In the late 1990’s we operated under Ordinance 51 that we believed prohibited expanding the runway. We learned that Ordinance 51 was not a legally binding document. From 1998 to 1999 we conducted negotiations, but we did not have a strong legal position. In fact, the MAC has zoning power over the City. We ended in an agreement to end our opposition to expanding the runway to 5000 feet if we got some legal restrictions, such as the depth of the runway and a ban on nighttime run-ups during the hours of 10:00 p.m. to 7:00 a.m. The FAA controls our air space and does not allow airports to limit flights in and out of the airport, so we cannot limit the flight activity. At this point the people impacted would like to know what we can do, such as being more aggressive about enforcing and engaging with the nighttime jet traffic. He noted he has heard run-ups before 7:00 a.m., and he asked if there are things we can work on more aggressively to keep away some of the worst noise offenses. In closing, Case commented we have never had as positive a relationship with the MAC as we do now, and he appreciated the current leadership at the MAC. Mr. King replied CITY COUNCIL MINUTES November 12, 2019 Page 5 we may want to work together on the next step in Ordinance 97 enforcement to see what that step might be. They can try to be more proscriptive with nighttime flying. He noted MAC staff does talk to the operators if there are multiple violations. Case said he would like to bring in the MAC for an update with the Council at least once a year. Case introduced members of Cub Scout Pack 342 from Prairie Lutheran Church and thanked them for coming to tonight’s meeting. C. ACCEPT DONATION OF $1,500 FROM RIC ROSOW AND VICKI UNDERLAND-ROSOW FOR INCLUSIONARY HOUSING (Resolution No. 2019-115) City Attorney Rosow said he and his wife, Vicki Underland-Rosow, are making a donation of $1500 for the City’s inclusionary housing program. He explained he and his wife have been involved in housing ministries at their church and volunteer groups. One of the pleasures he has had as City Attorney has been to work with City staff on so many wonderful projects. He has seen many donations come through for the Parks Department, but the City also has a wonderful Community Development Department. He has been involved in the efforts to bring affordable housing to the City of Eden Prairie, so they chose to give the donation to be used for inclusionary housing. He also announced he and his wife would like to do a matching challenge where they would give up to an additional $1500 in matching contributions to encourage Eden Prairie residents to donate $25 each. All of the Council Members present agreed to give $25 each to the matching challenge. Case said Mr. Rosow is retiring at the end of this year after some 40 years of serving the City of Eden Prairie. He commented he has always thought of Mr. Rosow as a man of integrity, passion and conviction. Aho said the Council will especially miss Mr. Rosow’s historical perspective. MOTION: Aho moved, seconded by Freiberg, to adopt Resolution No. 2019-115 recognizing and accepting the gift to the City from Ric Rosow and Vicki Underland-Rosow in the amount of $1,500 and up to an additional $1,500 in matching contributions to be used to aid affordable housing in Eden Prairie. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said there is a replacement Item VIII.A. on goldenrod paper. MOTION: Freiberg moved, seconded by Aho, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 15, 2019 CITY COUNCIL MINUTES November 12, 2019 Page 6 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 15, 2019 MOTION: Aho moved, seconded by Freiberg, to approve the minutes of the Council Workshop held Tuesday, October 15, 2019, and the City Council meeting held Tuesday, October 15, 2019, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR Case noted he was pleased to see the item regarding the Fire Station 1 duty crew sleeping quarters. A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION 2019-116 APPROVING FINAL PLAT FOR HIGHLAND OAKS C. APPROVE SMALL BUSINESS SATURDAY PROCLAMATION D. ADOPT RESOLUTION NO. 2019-117 TO ESTABLISH A MAXIMUM ACCRUAL FOR DEFERRED ASSESSMENTS E. APPROVE BRIDGE SAFETY INSPECTIONS AGREEMENT WITH ERICKSON ENGINEERING F. ADOPT RESOLUTIONS NO. 2019-118 AND 2019-119 APPROVING QUIET ZONE GRANT AGREEMENTS ROAD AND RAIL DESIGN G. ADOPT RESOLUTION NO. 2019-120 AUTHORIZING APPLICATION TO SEEK REIMBURSEMENT FROM METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES MUNICIPAL INFILTRATION/INFLOW GRANT PROGRAM H. AWARD CONTRACT FOR CONSTRUCTION OF FIRE STATION 1 DUTY CREW SLEEPING QUARTERS TO GARDNER BUILDERS I. ADOPT RESOLUTION NO. 2019-121 APPROVING HENNEPIN COUNTY ALL-HAZARD MITIGATION PLAN J. APPROVE PURCHASE OF COLUMBARIUM FOR PLEASANT HILL CEMETERY FROM EICKHOF COLUMBARIA INC. K. APPROVE PURCHASE OF PROTECTIVE GAS MASKS AND ACCESSORIES FROM STREICHER CITY COUNCIL MINUTES November 12, 2019 Page 7 L. APPROVE PURCHASE OF SQUAD CAR VIDEO AND AUDIO SYSTEM FROM WATCHGUARD VIDEO M. APPROVE CONTRACTS WITH MOTOROLA FOR MAINTENANCE AND RADIO EQUIPMENT MOTION: Narayanan moved, seconded by Aho, to approve Items A-M on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS / MEETINGS A. COSTCO FUEL FACILITY EXPANSION by Barghausen Consulting Engineers, Inc. Resolution 2019-122 for PUD concept review on 18.18 acres; First reading of an ordinance for PUD District amendment with waivers on 18.18 acres. (Ordinance for PUD district amendment; Resolution No. 2019-122 for PUD Concept) Getschow said the applicant’s request is to expand the existing fuel facility that has been in place since 2003. The current fuel facility consists of eight (8) dispensers or 16 fueling stations. Proposed are four (4) dispensers, increasing the total fueling stations to 24. Julie Anderson, Planning Consultant with Barghausen Consulting Engineers, gave a PowerPoint overview of the project. She reviewed site plans and architectural elements for the expansion project. Aho asked if they anticipate this expansion would reduce the length and amount of the queues that currently can be quite lengthy. Chris Teasler, traffic consultant with Kittleson and Associates, responded the additional capacity should increase the throughput at the facility. They expect queues to be reduced by 35-50% during peak periods. Narayanan asked if they have any idea how much less pollution will occur because the wait time idling at the pump will be reduced. Mr. Teasler replied they have not estimated that. Case noted most cars enter from the eastern entrance, and that is where the additional fueling stations will be added. Mr. Teasler responded it is quite common for Costco facilities to go to a three or four deep configuration, and the addition will be built to the east to provide more stations on that side. The new stations will be designed with additional space to allow people to go into the middle space. Freiberg asked if there will be an increase in storage. Mr. Teasler replied there will be one new 40,000-gallon underground storage tank added. Ms Anderson noted there are three 20,000-gallon storage tanks now. Freiberg asked if the work can be done without any additional risk from the increased amount of storage. Ms Anderson replied they will comply with all federal, state, and local regulations. CITY COUNCIL MINUTES November 12, 2019 Page 8 Narayanan asked if there are plans to add electric charging stations. Ms Anderson responded those have been installed at some Costco locations but generally end up being removed for lack of use so charging stations are not proposed for this facility. There were no comments from the audience. MOTION: Aho moved, seconded by Narayanan, to close the public hearing; to adopt Resolution No. 2019-122 for Planned Unit Development concept review on approximately 18.18 acres; to approve the first reading of Planned Unit Development District review with waivers on approximately 18.18 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 4-0. B. NINE MILE CREEK WATERSHED DISTRICT ADDITION by Nine Mile Creek Watershed District. Resolution 2019-123 for PUD concept review on 5.31 acres; First reading of an ordinance for PUD District amendment with waivers on 5.31 acres. (Ordinance for PUD district amendment; Resolution No. 2019-123 for PUD Concept) Getschow said the applicant is requesting approval to construct a 486 square foot building addition onto the existing office building. The property is located at 12800 Gerard Drive, just north of Gerard Drive and west of Gordon Drive. The property is 5.3 acres and includes the Nine Mile Creek Watershed District offices and board room. The proposed addition is being added to accommodate the space needs of the existing staff. Randy Anhorn, Nine Mile Creek Watershed District Administrator, gave a PowerPoint presentation about the project. He said their development agreement restricted the number of full time employees who can have offices in the building, and there is a restriction on the expansion of the structure. The addition planned will be on the northwest corner of the building and will not require a lot of grading. He reviewed the elevations for the building addition, and noted they are requesting a waiver for the exterior requirements in order to maintain the existing aesthetics of the structure. The addition will displace the current rain garden; however, they currently far exceed the requirements for storm water treatment. No existing trees will be taken down, and they will add trees in the area where buckthorn has been removed. There were no comments from the audience. MOTION: Aho moved, seconded by Freiberg, to close the public hearing. Motion carried 4-0. Aho asked when the construction would commence, and how long it will take to complete the project. Mr. Anhorn replied they plan to return to the Council on December 3, and the process would not start until spring, with completion sometime next summer. CITY COUNCIL MINUTES November 12, 2019 Page 9 MOTION: Aho moved, seconded by Freiberg, to adopt Resolution 2019-123 for the Planned Unit Development concept review on 5.31 acres; to approve the first reading of the ordinance for the Planned Unit Development District review with waivers on 5.31 acres; and to direct staff to prepare a development agreement incorporating Staff and commission recommendations and Council conditions. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Resolution No. 2019-124 Authorizing Issuance of $4,920,000 General Obligation Bonds, Series 2019A Getschow reported we are currently constructing a ground water storage facility and we need to borrow money to complete that project. Bruce Kimmel, Financial Adviser at Ehlers, reviewed the results of the bids to fund the general obligation bonds. He said six bids were received, and Piper, Jaffray submitted the lowest bid with a 2.16% interest rate for the 20-year term. The total for the Series 2019A bond issuance will be $4,920,000, which is about 3% better than we projected. He reported the City’s triple A credit ratings from both Moody’s and Standard and Poor’s were affirmed. Case commented we are proud of the amazing job our City staff has done, and it is nice to hear this news. He asked if it is typical to start construction early before we have the money from the bond issue. Finance Director Sue Kotchevar replied the Council approved a reimbursement resolution about six months ago. MOTION: Freiberg moved, seconded by Narayanan, to adopt Resolution No. 2019-124 authorizing issuance, awarding sale, prescribing the form and details and providing for the payment of $4,920,000 General Obligation Bonds, Series 2019A. Motion carried 4-0. CITY COUNCIL MINUTES November 12, 2019 Page 10 2. Historic Yorkville and Bloomington Road Local Heritage Preservation Designation Getschow reported a local heritage preservation designation for the historic Yorkville and Bloomington Road has been on the work plan of the Heritage Preservation Commission (HPC) for several years. The Eden Prairie Heritage Preservation Commission held a public hearing on October 21, 2019, and recommended the City Council designate a segment of the historic Yorkville and Blooming Trail located within the City-owned James A. Brown Conservation Area as a Heritage Preservation Site. Once designated by the City Council, the HPC will prepare a Heritage Preservation Plan to identify significant features of the Heritage Site, provide preservation guidelines, and to develop a vegetation management plan for the site. Paul Thorp, a member of the HPC and the Eden Prairie Historical Society, gave a PowerPoint presentation about the historic Yorkville and Bloomington Road. He displayed a map showing oxcart trading trails along the Minnesota River. He also displayed a Town of Hennepin Plan from 1854 and a map from Carver County showing the area as it was in 1864. Case commented members of the HPC and the Historical Society often have a passion for certain historical sites. He noted as a sixth grade teacher he taught students about the ox cart trail for 35 years. He asked Ms Jeremiah to explain what this designation will mean. Jeremiah explained the designation as a Heritage Preservation Site gives the HPC an opportunity to look at grants to protect the area. The next step will be to devise a plan to protect the resources there and educate the public about the site. Case noted the authority to designate a local heritage preservation site comes from the fact we are a federally-certified local government, which gives us the power to protect our heritage. He thanked Mr. Thorp for his presentation. Freiberg commented he was very impressed by the research and maps Mr. Thorp was able to obtain. He asked why the Town of Hennepin did not survive like others along the river. Mr. Thorp replied the proprietors in Hennepin Town did not go to the land office to purchase the land after the federal survey was completed. Narayanan asked what it will mean to designate this as a historical site and how does one get to the site. Mr. Thorp replied the next phase is to come up with a work plan for the site. He noted it is very difficult to get into this area to see the site. Case noted this is the beginning of raising awareness of the site. MOTION: Freiberg moved, seconded by Narayanan, to designate a segment of the historic Yorkville & Bloomington Road within the James A. Brown Conservation Area as depicted in the enclosed nomination report as a Heritage CITY COUNCIL MINUTES November 12, 2019 Page 11 Preservation Site under City Code Chapter 11.05, Criterion 1, “In association with events that have made significant contribution to the broad patterns of Eden Prairie’s history.” Motion carried 4-0. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 9:08 p.m. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 3, 2019 DEPARTMENT/DIVISION: Christy Weigel, Police/ Support Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: VIII.A. These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Commercial Kennel (2019 & 2020) Dog Camp Inc. DBA: Camp Bob Wow Eden Prairie 10100 Viking Drive, #200 Approval is contingent upon final inspection by Animal Control. Gambling/Bingo Organization: Eden Prairie Foxjet Swim Team Place: Flying Dutchman Spirits 6801 Flying Cloud Drive Dates: January 25, 2020 & March 21, 2020 Temporary Liquor Organization: Eden Prairie Noon Rotary Event: Pong Fest Date: Sat. January 25, 2020 Place: EP Community Center Gym 16700 Valley View Road Massage Therapist Paul Morales Jr. Massage Envy 11995 Singletree Lane #100 On-Sale and Sunday Liquor License 2AM Closing Permit - Renewal Wadsworth Old Chicago Inc. DBA: Old Chicago FUN EATS AND DRINKS LLC DBA: Champps 2020 Renewal Licenses On-Sale Cocktail Room & Off-Sale Microdistillery Flying Dutchman Spirits LLC 6081 Flying Cloud Drive On-Sale & Sunday Taproom & Off-Sale Small Brewer Fat Pants Brewing Company LLC DBA: Fat Pants Brewing Company 8335 Crystal View Road City Council Agenda [December 3, 2019] Clerk’s License Application List Page 2 2019 Renewal Licenses continued On-Sale and Sunday Liquor American Multi-Cinema, Inc DBA: AMC Theatres Eden Prairie 18 Apple Minnesota LLC DBA: Applebee’s Neighborhood Grill & Bar Bearpath Golf & Country Club, Ltd Ptsp of MN DBA: Bearpath Golf & Country Club Bent Creek Golf Club, Inc DBA: Bent Creek Golf Club Leiserv, LLC DBA: Bowlero Eden Prairie BUCA Restaurants 2, Inc DBA: BUCA di BEPPO Compass Group USA, Inc DBA: Cafeleven Campiello, LLC DBA: Campiello FUN EATS AND DRINKS LLC DBA: Champps Courtyard Management Corporation DBA: Courtyard by Marriott Crave Hospitality EP, LLC DBA: CRAVE TA, Inc DBA: Great Mandarin EPGM, LLC DBA: Green Mill Eden Prairie Summit Hotel TRS 062, LLC DBA: Hilton Garden Inn HP Eden Prairie LLC DBA: Hyatt Place Minneapolis Eden Prairie Kona Sushi, Inc. DBA: Kona Grill Wadsworth Old Chicago, Inc DBA: Old Chicago Olympic Hills Corporation DBA: Olympic Hills Golf Club Zheng 168, Inc DBA: Osaka Pizza Luce IX, Inc DBA: Pizza Luce LTF Club Operations Company, Inc DBA: RARE Redstone American Grill, Inc DBA: Redstone American Grill Tavern 4 & 5 LLC DBA: Tavern 4 & 5 Wildfire Eden Prairie, LLC DBA: Wildfire Pars Food Services, Inc DBA: Woody’s Grille City Council Agenda [December 3, 2019] Clerk’s License Application List Page 3 2019 Renewal Licenses continued On-Sale Wine with Strong Beer & 3.2 Beer On-Sale Krish Enterprises LLC DBA: Bay Leaf Indian Cuisine Chipotle Mexican Grill of Colorado, LLC DBA: Chipotle Mexican Grill #338 Davanni’s, Inc DBA: Davanni’s Pizza & Hot Hoagies Detello’s, Inc DBA: Detello’s Pizza & Pasta Ernie Rose Golf, LLC DBA: Ernie Rose Golf India Palace New, Inc DBA: India Palace INDIA SPICE HOUSE LLC DBA: india spice house EDEN PRAIRIE 888 INC DBA: Kyoto Sushi Lions Tap, Inc DBA: Lions Tap Nampla L. L. C. DBA: Lotus Leaf Pei Wei Asian Diner, LLC DBA: Pei Wei Asian Diner Peoples Eden Prairie LLC DBA: Peoples Organic Coffee & Wine Café Naanza LLC DBA: Pizza Karma Civitali Restaurant Corporation DBA: Punch Neapolitan Pizza Frank EP LLC DBA: R Taco Tempus Fugit LLC DBA: Red’s Savoy Pizza Scale, LLC DBA: Rhody’s Craft House & Grill Smashburger Acquisition – Minneapolis LLC DBA: Smashburger Puregrace LLC DBA: Smith On-Sale Club Eden Prairie Lions Club, Inc DBA: Eden Prairie Lions Club 3.2 Beer On-Sale AMK Research Services LLC DBA: Inside Edge Golf CSM RI Eden Prairie, LLC DBA: Residence Inn by Marriott Minneapolis Southwest City Council Agenda [December 3, 2019] Clerk’s License Application List Page 4 2019 Renewal Licenses continued 3.2 Beer Off-Sale Bobby & Steve’s Auto World Eden Prairie, LLP DBA: Bobby & Steve’s Auto World Eden Prairie Jerry’s Enterprises, Inc DBA: Cub Foods Eden Prairie Jerry’s Enterprises, Inc DBA: Jerry’s Foods Eden Prairie Kowalski’s Uptown Markets, Inc. DBA: Kowalski’s Market Northern Tier Retail LLC DBA: Speedway #4159 Northern Tier Retail LLC DBA: Speedway #4269 Northern Tier Retail LLC DBA: Speedway #4441 Commercial Kennel Zieman LLC DBA: Anderson Lakes Animal Hospital Hound Dog Pet Hotel, LLC DBA: Hound Dog Pet Hotel Kingdale Kennels, Inc DBA: Kingdale Kennels Paws, LLC DBA: Paws Doggy Daycare PetSmart #458 DBA: PetsHotel Wag ‘n Woofs, LLC DBA: Wag ‘n Woofs CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 3, 2019 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Julie Klima ITEM DESCRIPTION: Paravel Apartments ITEM NO.: VIII.B. Requested Action Move to: • Adopt a Resolution for a Site Plan on 4.962 acres; • Approve the 2nd reading of the Ordinance for Planned Unit Development District Review with waivers on 4.962 acres; and • Approve the Development Agreement for Paravel Apartments. Synopsis This is the final approval of the development agreement and plans for Paravel Apartments. The property is located at 635 Prairie Center Drive. Background On September 17, 2019, the City Council approved the 1st reading of the Ordinance for the PUD for Paravel Apartments and directed staff to prepare a Development Agreement. There were several items to be revised on the plans prior to 2nd reading. All of these items have been addressed. The proposed project includes the redevelopment of a portion of the former Broadmoor Apartments site. This phase of the Castle Ridge Redevelopment proposes the construction of a 5 and 7 story apartment building that provides 246 residential units comprised of studio, 1 bedroom and 2 bedroom units, including affordable units. The project also proposes the use of underground parking, limited surface parking and indoor and outdoor site amenities. The project area includes a wetland that will be preserved and maintained through the project development. The 120-Day review period expires on December 4, 2019. Attachments 1. Ordinance – PUD District Review with waivers 2. Ordinance Summary 3. Resolution – Site Plan 4. Development Agreement CASTLE RIDGE PHASE II – PARAVEL APARTMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 21-2019-PUD-13-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the RM-2.5 Zoning District 21-2019-PUD-13-2019 (hereinafter "PUD-13-2019-RM-2.5”). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of December 3rd, 2019 entered into between Paravel Property, LLC and the City of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-13-2019-RM-2.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-13-2019-RM-2.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-13-2019-RM-2.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-13-2019-RM-2.5 are justified by the design of the development described therein. D. PUD-13-2019-RM-2.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended in the RM-2.5 Zoning District hereafter in the Planned Unit Development PUD-13- 2019-RM-2.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of September, 2019, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 3rd day of Decmeber, 2019. ATTEST: __________________________________ ___________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on__________________, 2019. EXHIBIT A PUD Legal Description Legal Description Outlot A, Castle Ridge 3rd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. CASTLE RIDGE PHASE II- PARAVEL APARTMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 21-2019-PUD-13-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 635 Prairie Center Drive within the RM-2.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: __________________________ ________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on ______________________, 2019. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR CASTLE RIDGE PHASE II-PARAVEL APARTMENTS BY TIMBERLAND PARTNERS WHEREAS, Timberland Partners has applied for Site Plan approval of Castle Ridge Phase II- Paravel Apartments to construct a multi-family apartment project, by an Ordinance approved by the City Council on December 3, 2019; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 26, 2019 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its September 17, 2019 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to Timberland Partners based on the Development Agreement between Paravel Property, LLC and the City of Eden Prairie, reviewed and approved by the City Council on December 3, 2019. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of December, 2019. _______________________ Ronald A. Case, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk 1 Paravel Development Agreement (December 3, 2019 ) DEVELOPMENT AGREEMENT Paravel THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of __________, 2019, by Paravel Property, LLC, a Minnesota limited liability company, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City”: WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 4.96 acres, Planned Unit Development District Review with waivers on 4.96 acres, Site Plan Review on 4.96 acres, and Preliminary Plat of 4.96 acres into 1 lot (the “Applications”), legally described on Exhibit A (the “Property”); WHEREAS, PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC. and City entered into that certain Development Agreement between the parties as of July 16, 2019, pertaining to the Property ("Castle Ridge Development Agreement "). WHEREAS, Developer contemporaneous with this Agreement has entered into that certain Tax Increment Development Agreement by and between the Housing and Redevelopment Authority of the City of Eden Prairie and the Developer, hereinafter referred to as the “TIF Agreement.” NOW, THEREFORE, in consideration of the City adopting Resolution No. __________ 2 Paravel Development Agreement (December 3, 2019 ) for Planned Unit Development Concept Review, Ordinance No. __________ for Planned Unit Development District Review on 4.96 acres, Resolution No. ____________ for Site Plan Review, and Resolution No. __________ for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated ______________, reviewed and approved by the City Council on September 17, 2019, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. AFFORDABLE UNITS: During the 26 year period of the TIF Agreement, at least 50 of the residential units in the Project must be occupied or available for occupancy by persons whose incomes do not exceed 50% of Hennepin County Area Median Income. The mix of units must be a maximum of 13 studio apartments, a minimum of 27 one bedroom apartments and a minimum of 10 two bedroom apartments. The Developer shall also provide on Lot 1 at all times thirteen (13) Inclusionary Housing Units. A minimum of seven (7) of the IH Units shall at all times remain affordable as inclusionary units to households whose annual income is at 80% or less of Hennepin County AMI and a minimum of six (6) of the IH Units shall at all times remain affordable as inclusionary units to households whose annual income is at 100% or less of Hennepin County AMI. The mix of units of the seven (7) IH Units at 80% or less of AMI must be a maximum of 3 studio apartments, a minimum of 3 one-bedroom apartments and a minimum of 1 two-bedroom apartments. The mix of units of the six (6) IH Units at 100% of or less of AMI must be a maximum of 1 studio apartment, a minimum of 1 one-bedroom apartments and a minimum of 4 two-bedroom apartments. All IH Units, including rents and incomes, shall be subject to review and approval by the City. The obligation of Developer to provide IH Units as set forth in this Agreement, shall survive and remain in full force and effect after expiration, cancellation, termination or rescission of the TIF Agreement. By February 15th of each year, the Developer or an agent of the Developer must deliver or cause to be delivered to the Director of Community Developer a Rent Roll Certificate (“Rent Roll”) for the affordable TIF units, in substantially the form shown on Exhibit D attached hereto, executed by the Developer covering the preceding twelve (12) months together with a written certificate reasonably satisfactory to the City that Developer is in compliance with the covenants in this Section 3. This evidence must include a statement of the household income of each qualifying renter, a written determination that each qualifying renter's household income falls within the qualifying limits of this Section (and Section 142(d) of the Internal Revenue Code), and certification that the income documentation is correct and accurate (and that the determination of qualification was 3 Paravel Development Agreement (December 3, 2019 ) made in compliance with Section 142(d) of the Internal Revenue Code). The HRA will review the Rent Roll and will approve any proposed Rent Roll, provided such rents are not in excess of the rent limits in Section 3. On or before each January 1 and July 1 during the period that IH Units are required the Developer or an agent of the Developer must deliver or cause to be delivered to the City Director of Community Development a Compliance Certificate – IH Units, in substantially the form shown on Exhibit E attached hereto, executed by the Developer covering the preceding six (6) months together with written evidence satisfactory to the HRA of compliance with the covenants in this Section 3. The HRA may review, upon request, all documentation supporting the Developer submissions and statements. In determining compliance with this Section, the Developer must use the County median incomes for the current year as promulgated by the Minnesota Housing Finance Agency based on the area median incomes established by the United States Department of Housing and Urban Development (the “County Area Median Income”). Any Rent Roll or Compliance Certificate – IH Units submitted by the Developer will be considered approved unless disapproved by the HRA within sixty (60) days after submission. The HRA shall provide written reasons if any Rent Roll is disapproved. The Developer shall have sixty (60) days following receipt of any notice of disapproval to cure any objections the HRA has made in its notice of disapproval and to submit a revised Rent Roll or Compliance Certificate – IH Units to the HRA for review and approval as provided in this Section. The Developer’s failure to obtain the HRA’s approval of a revised Rent Roll or Compliance Certificate – IH Units during such sixty (60) day cure period shall constitute a default by Developer under this Agreement. The Developer may not refuse to lease any unit in the Project to a prospective tenant on the basis of the prospective tenant’s receipt of, or eligibility for, housing assistance, social security, Housing Choice Vouchers, or other types of public or private assistance, and must accept a Housing Choice Voucher as a valid form of income. 4. CASH PARK FEES: The Developer shall pay Cash Park Fees on all of the units in the Property except for the 50 TIF affordable units referenced in paragraph 3 of this Agreement. 5. CROSS ACCESS AND MAINTENANCE AGREEMENT: The Property is subject to the following easements arising out of that the Development Agreement dated March 4, 2008, recorded on May 16, 2008 as Document No. 9134828 with the Hennepin County Recorder and as Document No. 4497100 with the Hennepin County Registrar of Titles (“2008 Development Agreement”): (i) Easement, Use Restrictions and Joint Infrastructure Agreement dated the 8th day of May 2008, recorded on May 16, 2008 as Document No. 4497113 with the Hennepin County Registrar of Titles; (ii) Declaration of Access 4 Paravel Development Agreement (December 3, 2019 ) Easements dated the 6th day of May 2008, recorded on May 16, 2008 as Document No. 4497112 with the Hennepin County Registrar of Titles; and Grant of Public Access Easement dated the 8th day of May 2008, recorded on May 16, 2008 as Document No. 4497110 with the Hennepin County Registrar of Titles (hereinafter referred to as “Existing Easements”). Developer is responsible as a successor in interest to the Property to abide by the terms of the Existing Easements. No change may be made to the Existing Easements unless the City provides its written approval. 6. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 7. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents in relation to this Agreement or the Property. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 8. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 9. FINAL PLAT: The final plat of the Property shall be recorded with the Hennepin County Recorder’s Office and the Hennepin County Registrar of Titles’ Office, as applicable within 90 days of approval by the City Council or within 2 years of approval of the Preliminary Plat, whichever occurs first. If the final plat is not filed within the specified time, the City Council may, upon ten days written notice, to the Developer, consider a resolution revoking the approval. 5 Paravel Development Agreement (December 3, 2019 ) 10. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Developer shall furnish to the City Engineer and receive the City Engineers’ written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of said improvements as required by City Code. Prior to release of the grading security, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor critical phases of construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins, retention basins, “Stormwater Infiltration” or “Filtration Systems” (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or “Underground Systems” (such as media filters, underground sand filters, underground vaults, stormwater reuse cisterns,sedimentation chambers, underground infiltration systems, pre-manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring, and thereafter by the Owner of the Property. Planting and Maintenance Plans for the 6 Paravel Development Agreement (December 3, 2019 ) Stormwater Facilities (where appropriate) to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled “State of Minnesota Storm Water Manual” dated September 2019, the approved final grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment, vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and (v) corrective actions that will be taken if the infiltration system does not meet the performance specification. All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of ½ inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. Stormwater Infiltration Systems that are constructed under a building shall be designed for maintenance access and installed in conformance with the standards outlined in The Minnesota Stormwater Manual (November 2005) and/or the Plans. 7 Paravel Development Agreement (December 3, 2019 ) The System shall be kept off-line until construction is complete. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of one-half inch or greater following the Storm Water Infiltration Systems becoming operational. If the infiltration rates are reduced by construction, a plan to restore adequate infiltration must be provided within 90-days of the field test C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems; routine and non-routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems; and plans for replacement of failed systems, all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities, if any, must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin (including retention and detention basins) shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. • An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. 8 Paravel Development Agreement (December 3, 2019 ) Based on this inspection, if a Stormwater Facility requires cleanout, the Stormwater Facility shall be restored to its original design parameters and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall to the extent practical be removed by hand during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. For any situations in which hand removal is not practical, Developer shall identify in the Stormwater Maintenance Plan procedures that will be implemented to protect functionality of the Stormwater Infiltration Systems. After the two year period of maintenance, the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets, parking lots or drive aisles at a minimum of once per year; debris and litter removal; removal of noxious and invasive plants; removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed; and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall to the extent practical be removed by hand. For any situations in which hand removal is not practical, Developer shall identify in the Stormwater Maintenance Plan procedures that will be implemented to protect functionality of the Stormwater Infiltration Systems. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 11. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance 9 Paravel Development Agreement (December 3, 2019 ) with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 12. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of an executed landscape agreement and a final landscape plan for the Property including all proposed trees shrubs, perennials, and grasses as depicted on the Exhibit B Plans. Prior to building permit issuance, Developer shall also submit to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow, or letter of credit, equal to 150% of the cost of said improvements including all proposed trees, shrubs, perennials, and grasses as depicted on the landscape and tree replacement plan on the Exhibit B Plans. The approved landscape plan shall be consistent with the quantity, type, and size of all plant materials shown on the landscape plan on the Exhibit B Plans. The approved landscape plan shall include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The approved landscape plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. The installation shall conform to the approved landscape plan including but not limited to the size, species and location as depicted on the Exhibit B Plans. Any changes, including but not limited to removal and relocation, to the landscape plan or landscaping installed on the Property shall be reviewed and approved by the City prior to implementing said changes. Developer shall complete implementation of the approved landscape plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit C of this Development Agreement. 13. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will 10 Paravel Development Agreement (December 3, 2019 ) not release the security provided until Developer completes all such corrective measures. 14. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting to the City Engineer, copies of all necessary approvals issued by other agencies for the project. These submittals are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include, but are not necessarily limited to, the following: the Minnesota Pollution Control Agency, Metropolitan Commission Environmental Services. As of the date hereof, the Riley Purgatory Bluff Creek Watershed District has approved permits for the Project. If Developer proposes any changes to the plans approved by the Riley Purgatory Bluff Creek Watershed District that the City Planner determines require changes to the City approvals, such changes by the Developer may require additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the addition review. 15. OWNER’S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner’s Supplements to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof. A. Castle Ridge Care Center, Inc. 16. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 17. PRIVATE UTILITIES: The private sanitary sewer and water mains to serve this Property are to be constructed as part of the obligations under the Castle Ridge Development Agreement . These mains must be in place and utility connections as shown on the Plans implemented and in operation prior to the issuance of any occupancy permit for the Property. 18 PUBLIC ART: The Exhibit B plans include an area designated for public art. The Developer shall submit to the City for its approval proposals for the public art. Developer and City shall work together to evaluate the proposals and select the art and timing of installation. The Developers obligations to pay for public art required hereunder shall not exceed and aggregate total of $25,000.00 for the total cost of the artwork installed (which includes design, engineering, and landscaping for the public art). The original artwork cost 11 Paravel Development Agreement (December 3, 2019 ) does not include the cost for bike racks. 19. PUBLIC USE OF STREETS: The Private Streets shown on the Plans shall be open to the use of the public as a matter of right for the purposes of vehicular traffic as if they were “streets” as defined in Minnesota Statutes 169.011, Subd. 81. Maintenance of the Private Streets shall be governed by the terms of the Access and Maintenance Declaration required by the Castle Ridge Development Agreement. 20. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the RM-2.5 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): 1. Density from 17.4 units per acre to 49.3 units per acre. The RM2.5 zoning district allows 17.4 dwelling units per acre. This project provides a total of 246 units (245 units and 1 guest suite) on 4.96 acres for a total of 49.3 units per acre. 2. Gross Site Area from 2,500 square feet per unit to 878 square feet per unit. City Code requires the total area of the proposed lot to be 2,500 square feet per unit or 615,000 square feet. The site is 4.96 acres or 216,154 square feet. 3. Building height from 45 feet to 83 feet 7 inches at its highest point. The Paravel apartment building provides for a structure that is 7 stories at its highest point. 4. Front yard setback along Prairie Center Drive from 35 feet to a range of 12 feet to 22 feet. Prairie Center Drive requires a front yard setback of 35 feet. 5. Side yard setback from 25 feet to 13 feet to 25 feet. City Code requires a side yard setback of 25 feet. Due to the unique configuration of the property line, there is a point intrusion at the northwest corner of the building that provides for a setback of approximately 13 feet. For the remainder of this façade, the typical setback ranges from 20 to 25 feet. 6. Group Usable Open Space from 600 square feet per unit to 134 square feet per unit. The project includes indoor and outdoor spaces suitable for people to recreate and socialize. The indoor spaces include areas such as community rooms, fitness centers, garden areas, theatre, and party rooms. The outdoor spaces include terraces (including rooftop terraces), firepit area and swimming pool that include amenities as noted in the narrative. The project provides a variety of opportunities for residents to recreate and socialize. The group usable open space shall be available to all residents in the Paravel project. 7. Parking from 490 parking stalls 425 parking stalls. There are 358 underground parking spaces and 67 surface parking spaces provided on the site plan. City Code requires 2 parking spaces per unit. The plan provides for 1.73 parking stalls per unit. 12 Paravel Development Agreement (December 3, 2019 ) 8. Landscaping from 914 caliper inches required by City Code to 648 caliper inches. The plan provides for 656 caliper inches. Of those, 648 caliper inches can be applied toward the City Code landscaping requirement. The landscaping plan provides a robust variety of plant materials that provide color and interest. The amount of landscaping provided on site is appropriate and sustainable over the long term. 21. REAFFIRMING CONDITIONS OF CASTLE RIDGE DEVELOPMENT AGREEMENT: Developer agrees to all of the terms, conditions and obligations of "Developer" under the Development Agreement dated July 16, 2019, contained in paragraphs 5, 6, 34, and 35 thereof. Except where it is necessary to comply with the terms of the this Agreement, the Property is released from the terms of that certain Development Agreement dated March 4, 2008, recorded on May 16, 2008 as Document No. 9134828 with the Hennepin County Recorder and as Document No. 4497100 with the Hennepin County Registrar of Titles (“2008 Development Agreement”), that certain Environmental Indemnity and Hold Harmless Agreement dated May 8, 2008, recorded on May 16, 2008 as Document No. 9134831 with the Hennepin County Recorder and as Document No. 4497116 with the Hennepin County Registrar of Titles (“2008 Indemnity Agreement”), that certain Agreement Regarding Special Assessments dated May 8, 2008, recorded on May 16, 2008 as Document No. 9134830 with the Hennepin County Recorder and as Document No. 4497115 with the Hennepin County Registrar of Titles (“2008 Special Assessment Agreement”), that certain Regulatory Agreement dated as of October 1, 2004, recorded November 24, 2004 as Document No. 8480659, as amended and restated by Amended and Restated Regulatory Agreement dated as of September 4, 2014, recorded September 8, 2014 with the Hennepin County Recorder as Document No. A10114867 (“2004 Regulatory Agreement”), and that certain Agreement Regarding Special Assessments dated as of October 28, 2004, recorded January 6, 2005 as Document No. 8503712 with the Hennepin County Recorder and as Document No. 4062376 with the Hennepin County Registrar of Titles (“2004 Special Assessment Agreement”), all pertaining to the Property. If this Agreement is terminated such termination does not terminate the release of the documents set forth above in this Section 21. 22. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for any retaining walls greater than four feet in height. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer agrees that the materials to be used shall be compatible with those used on adjacent lands covered by the Castle Ridge Development Agreement. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 13 Paravel Development Agreement (December 3, 2019 ) All maintenance and repair of all retaining walls on the Property shall be the responsibility of the Developer, its successors and assigns. 23. PRIVATE SIDEWALK CONSTRUCTION: Developer shall complete implementation of the approved private sidewalks as shown in the Plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. The private sidewalk connections from the at grade units adjacent to Prairie Center Drive public sidewalk that are located within the drainage and utility easements are to be privately maintained. All private sidewalks shall be governed by the terms of the Access and Maintenance Declaration require in paragraph 5 of this Agreement and paragraph 5 of the Castle Ridge Development Agreement. Private sidewalks shall be open to the use of the public for purposes of pedestrian traffic. 24. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, and in accordance with the requirements of City Code, Section 11.70. 25. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast cut-off not to exceed 25 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 26. SITE AMENITIES PLAN AND CONSTRUCTION DETAILS: Prior to building permit issuance for the Property, Developer shall submit to the City Planner and obtain the City Planner’s written approval of a Site Amenities Plan, including construction details, for the Property consistent with the Exhibit B Plans. The Site Amenities Plan shall include, but not be limited to the following: decorative sidewalks and plazas; pedestrian gathering areas; planter boxes in the outdoor seating areas; decorative surface materials for pedestrian connections; decorative lighting; bollards; benches; decorative planters; decorative trash receptacles; wrought iron aluminum fencing; all the above in accordance with and as depicted in the Plans. No permit shall be issued for any improvement to be constructed by Developer’s tenants until the City has approved in writing the plans for such improvements. The quality of all amenities to be installed and or constructed by Developer’s tenants shall be equal to or greater than what is required by the Plans. If any amenity features change from the approved Site Amenities Plan, all site amenity features shall be consistently used in all project areas. 14 Paravel Development Agreement (December 3, 2019 ) 27. SNOW STORAGE AND REMOVAL: Snow storage shall not occur within any parking stalls, parking islands, areas that provide for outdoor site amenities, or wetlands. Developer shall be responsible for removal of snow from the site. If the site does not provide adequate snow storage areas, snow shall be removed from the site by the Developer. 28. PRAIRIE CENTER DRIVE TURN LANE IMPROVEMENTS: The Prairie Center Drive Turn Lane Improvements (turn lane and public sidewalk) adjacent to the Property are to be constructed by the “Developer” pursuant to the Castle Ridge Development Agreement . The Prairie Center Drive turn lane improvements must be completed prior to the issuance of any occupancy permit for the Property. 29. STRUCTURE SETBACKS FROM 100 YEAR FLOOD ELEVATION: All permanent structures which will abut existing wetlands or storm water pretreatment ponds must have a minimum setback of 30 feet from the 100-year flood elevation as shown on the Plans. 30. SUSTAINABILITY FEATURES: The Developer shall provide sustainable components as provided in the Exhibit B plans. 31. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 32. TREE REPLACEMENT: The Developer agrees to meet the Tree Replacement requirements through payment in lieu. The tree replacement requirement is 278 caliper inches. City Code allows for this requirement to be met through payment in lieu of $125 per caliper inch. Prior to release of the final plat, Developer shall submit to the City payment of $34,750.00 to meet this requirement. 33. WETLAND PLAN: Prior to release of the land alteration permit for any portion of the Property, Developer shall submit to the City’s Environmental Coordinator and receive the Environmental Coordinator’s approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Delineation and Wetland Buffer Strip Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report (“Buffer Report”) and Wetland Delineation Report in accordance with the Wetland Plan and City Code requirements. If the Delineation or Buffer Reports identify any unacceptable vegetation or other conditions, the wetland and/or wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon known as “Landscaping”, or “Landscaped”) by the Developer within 90 days of submission of the Buffer Report or within 90 days after receipt of a wetland permit for wetland alteration. If the Wetland Plan is submitted after September 30th, the Landscaping must be completed by June 30th of the following year. If Landscaping of the wetland and/or wetland buffer strip is required, the Developer shall submit a signed statement by a 15 Paravel Development Agreement (December 3, 2019 ) qualified wetland consultant, as determined by the City Manager, stating that the wetland and/or wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland and/or wetland buffer strip. B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee, for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and wetland buffer strip(s) and to determine if they are in compliance with all City requirements. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Conservation Easement: Developer shall submit a Conservation Easement attached as Exhibit F for review and written approval by the Environmental Coordinator, for the area(s) delineated on the Plans. After approval by the City, Developer shall file the Conservation Easement with the Hennepin County Registrar of Titles’ Office as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the Environmental Coordinator proof that the Conservation Easement has been recorded in the Hennepin County Registrar of Titles' Office. D. Wetland Buffer Strip Monuments: The Wetland Plan shall include a plan to install all wetland buffer strip monuments for the property prior to release of the first building permit for any portion of the Property. The Security referred to in paragraph E below shall include the cost for location, including surveying, and 16 Paravel Development Agreement (December 3, 2019 ) installation of the monuments. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12 pounds per foot is preferred) green steel channel post or other material pre-approved in writing by the City Manager. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25” x 6.5’). The sign shall have a minimum size of 3 inch by 8 inch (3” x 8”). The sign shall be mounted flush with the top of the post and shall include the statement “Conservation Easement: No Mowing Allowed - Wetlands and buffers filter pollutants, reduce flooding and provide habitat.” The signs shall also include the City and Watershed District logos and website links. . The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Performance Bond: Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator’s approval of a Wetland Plan performance bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager (hereinafter referred to as the “Security”) equal to 150% of the cost, as estimated by the City Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. 34. MORTGAGEE CONSENTS. For any mortgage liens recorded against the Property prior to the recording of the final plat and this Agreement, Developer will deliver to City consents in the form attached hereto as Exhibit F. 35. CONTRACTOR PARKING: The Developer must provide contractor parking areas (i) within the project boundaries or (ii) on neighboring properties for which Developer has a separate agreement that allows parking, during site development, including grading, utility installation, and project buildout. Contractor parking will not be allowed on adjacent public streets. A plan addressing contractor parking must be submitted to the Engineering Division with the Land Alteration Permit for review and approval. Copies of the executed separate agreements authorizing parking on neighboring properties shall be submitted with the plan. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. 17 Paravel Development Agreement (December 3, 2019 ) CITY OF EDEN PRAIRIE By___________________________ Ronald A. Case Its Mayor By____________________________ Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2019, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. _______________________ Notary Public 18 Paravel Development Agreement (December 3, 2019 ) Paravel Property, LLC By ________________________________ Its ________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2019, by _______________________________________, the , of Paravel Property, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 19 Paravel Development Agreement (December 3, 2019 ) EXHIBIT A DEVELOPMENT AGREEMENT –PARAVEL Legal Description Before Final Plat Outlot A, Castle Ridge 3rd Addition, Hennepin County, Minnesota Legal Description After Final Plat Lot 1, Block 1, Castle Ridge 4th Addition, Hennepin County, Minnesota 20 Paravel Development Agreement (December 3, 2019 ) EXHIBIT B DEVELOPMENT AGREEMENT –PARAVEL Narrative dated September 3, 2019 by Tushie Montgomery Architects Cover Sheet dated 11-15-2019 by Tushie Montgomery Architects Cover Sheet dated 09-03-2019 by Westwood Existing Conditions and Removal Plan dated 9/03/19 by Westwood Preliminary Plat dated 9/03/19 by Westwood Significant Tree Inventory dated 9/03/19 by Westwood PUD Site Plan dated 9/03/19 by Westwood Phase II Site Plan dated 9/03/19 by Westwood Phase II Grading Plan dated 9/03/19 by Westwood Phase II Erosion Control Plan dated 9/03/19 by Westwood Phase II Utility Plan dated 9/03/19 by Westwood Wetland Buffer Plan dated 9/03/19 by Westwood Zoning Exhibit dated 9/03/19 by Westwood Contextual Aerial A1.0 dated 11-15-2019 by Tushie Montgomery Architects Overall Site Plan A1.1 dated 11-15-2019 by Tushie Montgomery Architects Site Plan A1.2 dated 11-15-2019 by Tushie Montgomery Architects Site Plan Details A1.3 dated 11-15-2019 by Tushie Montgomery Architects Site Plan Details A1.4 dated 11-15-2019 by Tushie Montgomery Architects Landscape Plan A1.5 dated 11-15-2019 by Tushie Montgomery Architects Landscape Plan Details A1.6 dated 11-15-2019 by Tushie Montgomery Architects Landscape Plan Details A1.7 dated 11-15-2019 by Tushie Montgomery Architects Site Area Diagrams A1.8 dated 11-15-2019 by Tushie Montgomery Architects Tree Replacement Plan A1.9 dated 11-15-2019 by Tushie Montgomery Architects Landscape Amenity Plan A1.10 dated 11-15-2019 by Tushie Montgomery Architects Group Usable Open Space A1.12 dated 11-15-2019 by Tushie Montgomery Architects North - Lighting Plan A1.13 dated 11-15-2019 by Tushie Montgomery Architects South - Lighting Plan A1.14 dated 11-15-2019 by Tushie Montgomery Architects Overall Plan Garage Level-2 A2.0 dated 11-15-2019 by Tushie Montgomery Architects Overall Plan Garage Level-1 A2.1 dated 11-15-2019 by Tushie Montgomery Architects Overall Plan – 1st Floor A2.2 dated 11-15-2019 by Tushie Montgomery Architects Overall Plan – 2nd Floor A2.3 dated 11-15-2019 by Tushie Montgomery Architects Overall Plan – 3-4th Floor A2.4 dated 11-15-2019 by Tushie Montgomery Architects Overall Plan – 5th Floor A2.5 dated 11-15-2019 by Tushie Montgomery Architects Overall Plan – 6th Floor A2.6 dated 11-15-2019 by Tushie Montgomery Architects Overall Plan – 7th Floor A2.7 dated 11-15-2019 by Tushie Montgomery Architects 21 Paravel Development Agreement (December 3, 2019 ) Elevations A3.0 dated 11-15-2019 by Tushie Montgomery Architects Elevations A3.1 dated 11-15-2019 by Tushie Montgomery Architects Elevations A3.2 dated 11-15-2019 by Tushie Montgomery Architects Elevations A3.3 dated 11-15-2019 by Tushie Montgomery Architects Perspectives A4.0 dated 11-15-2019 by Tushie Montgomery Architects Perspectives A4.1 dated 11-15-2019 by Tushie Montgomery Architects Perspectives A4.2 dated 11-15-2019 by Tushie Montgomery Architects 22 Paravel Development Agreement (December 3, 2019 ) EXHIBIT C DEVELOPMENT AGREEMENT – PARAVEL I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property, subject to the terms of Section 4 of the Development Agreement. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City’s reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has an enforceable purchase agreement to acquire marketable fee title to the Property, and that the owner of the Property is presently: Castle Ridge Care Center, Inc. With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer will have marketable fee title free and clear of all mortgages, liens, 23 Paravel Development Agreement (December 3, 2019 ) and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorney’s fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years’ street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. 24 Paravel Development Agreement (December 3, 2019 ) Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 ½ by 6 inch sign or decal reading “Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the top of the post. 25 Paravel Development Agreement (December 3, 2019 ) XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the “Security”) is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days’ notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys’ fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it’s agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works, no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. XVII. Developer shall pay upon demand to the City all costs incurred by the City in conjunction with the Applications. These costs include internal City administrative, planning and, 26 Paravel Development Agreement (December 3, 2019 ) engineering costs and consulting costs, including but not limited to legal, engineering, planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City. 27 Paravel Development Agreement (December 3, 2019 ) EXHIBIT D – COMPLIANCE CERTIFICATE DEVELOPMENT AGREEMENT – PARAVEL RENT ROLL CERTIFICATE Apartment Name Complex Address Rent Limits mm/dd/yyyy to mm/dd/yyyy Rent Limits: Units 1 Bedroom 2 Bedroom 2 Bedroom/ Den 3Bedroom Affordable @ 50% of Median $ $ $ Apartment Number Number of Bedrooms Style Household Size Market Rent Max Rent 50% of Median Application Date YYYY Initial Gross Annual Income YYYY Initial Income Limit 28 Paravel Development Agreement (December 3, 2019 ) EXHIBIT E INCLUSIONARY HOUSING COMPLIANCE CERTIFICATE The undersigned does hereby certify that as of the date of this Certificate not less than 13 of the residential units in the project located at 635 Prairie Center Drive, Eden Prairie, Minnesota (the “Project”) are occupied by individuals whose income is either 80% or 100% or less of the Hennepin County area median income. The following Units are the IH as defined in the Tax Increment Development Agreement: 1. Unit No. _____ Unit Type* _____ 80% 2. Unit No. _____ Unit Type* _____ 80% 3. Unit No. _____ Unit Type* _____ 80% 4. Unit No. _____ Unit Type* _____ 80% 5. Unit No. _____ Unit Type* _____ 80% 6. Unit No. _____ Unit Type* _____ 80% 7. Unit No. _____ Unit Type* _____ 80% 8. Unit No. _____ Unit Type* _____ 100% 9. Unit No. _____ Unit Type* _____ 100% 10. Unit No. _____ Unit Type* _____ 100% 11. Unit No. _____ Unit Type* _____ 100% 12. Unit No. _____ Unit Type* _____ 100% 13. Unit No. _____ Unit Type* _____ 100% Dated this ________day of ____________, 20_______. _______________________________ By: _________________________ *Indicate: S for Studio Unit; 1BR for 1 Bedroom Unit; or 2BR for 2 Bedroom Unit. 29 Paravel Development Agreement (December 3, 2019 ) EXHIBIT F - MORTGAGEE CONSENT AND SUBORDINATION DEVELOPMENT AGREEMENT –PARAVEL CONSENT AND SUBORDINATION The undersigned, owner of that certain Mortgage dated the _____ day of ____, ______ recorded in the office of the County Recorder and the Registrar of Titles in and for the County of _________, State of Minnesota, on the ____ day of _______________, 20__ as Document No. ________ covering the Property described on Exhibit A hereto, for valuable consideration, does hereby consent to the and subordinates it interest in the Property to that certain Development Agreement, to which this Consent and Subordination is attached, dated ______ __, 20__ by _________________________ to the City of ____________________. _____________________________ By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ________________ ) On the ______ day of _______________, 20__, before me personally came ___________________________, to me known, who being duly sworn by me stated that he/she is the __________________________ of the said _______________________and that he/she is duly authorized to execute the foregoing instrument. ______________________________ Notary Public CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 3, 2019 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Beth Novak-Krebs ITEM DESCRIPTION: Nine Mile Creek Watershed District Office Addition ITEM NO.: VIII.C. Requested Action Move to: • Approve the 2nd Reading of the Ordinance for the Planned Unit Development District Review with waivers on 5.31 acres; and • Adopt the Resolution for the Site Plan Review on 5.31 acres; and • Approve the Amendment to the Development Agreement Synopsis This is the final approval for the building addition onto the Nine Mile Creek Watershed District Office. The applicant is requesting approval to construct a 486 square foot building addition onto the northwest corner of the building. The property is located at 12800 Gerard Drive just north of Gerard Drive and west of Gordon Drive. The property is 5.3 acres and includes the Nine Mile Creek Watershed District Offices and board room. The proposed addition is being added to accommodate the space needs of the existing staff. The addition will match the architectural style and materials of the existing building. The existing raingarden in the northwest corner of the building will be relocated to the north and east side of the new addition. Background The 120-day review period expires on December 19, 2019. Attachments 1. Ordinance for PUD 2. Ordinance Summary 3. Resolution for Site Plan 4. Development Agreement NINE MILE CREEK WATERSHED DISTRICT OFFICE ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 22-2019-PUD-14-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Public Zoning District 22-2019-PUD-14-2019 (hereinafter "PUD-14-2019-PUB”). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of December 3, 2019 entered into between Nine Mile Creek Watershed District, a political subdivision of the State of Minnesota, and the City of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-14-2019-PUB, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-14-2019-PUB is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-14-2019-PUB is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-14-2019-PUB are justified by the design of the development described therein. D. PUD-14-2019-PUB is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended in the Public Zoning District hereafter in the Planned Unit Development PUD-14-2019- PUB and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 12th day of November, 2019, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 3rd day of December, 2019. ATTEST: __________________________________ ___________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on , 2019. EXHIBIT A PUD Legal Description Legal Description Lot 1, Block 1, Kaerwer Addition, according to the recorded plat thereof, Hennepin County, Minnesota (Torrens Property) NINE MILE CREEK WATERSHED DISTRICT OFFICE ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 22-2019-PUD-14-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 12800 Gerard Drive within the Public Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: __________________________ ________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on ______________________, 2019. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR THE NINE MILE CREEK WATERSHED DISTRICT OFFICE ADDITION BY THE NINE MILE CREEK WATERSHED DISTRICT WHEREAS, Nine Mile Creek Watershed District, has applied for Site Plan approval of the Nine Mile Creek Watershed District Office Addition to construct a 486 square foot addition onto the building, by an Ordinance approved by the City Council on December 3, 2019; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its October 14, 2019 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its November 12, 2019 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to Nine Mile Creek Watershed District based on the Development Agreement between Nine Mile Creek Watershed District, a political subdivision of the State of Minnesota and the City of Eden Prairie, reviewed and approved by the City Council on December 3, 2019. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of December, 2019. _______________________ Ronald A. Case, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE December 3, 2019 DEPARTMENT / DIVISION Community Development Janet Jeremiah, Director ITEM DESCRIPTION Paravel Resolution Modifying Redevelopment Plan, Establishing TIF District, and adopting TIF Plan ITEM NO. VIII.D. Requested Action Move to: • Adopt Resolution Modifying the Redevelopment Plan for Redevelopment Project Area No. 5, establishing TIF District No. 24 (Paravel Apartments), and adopting a Tax Increment Financing Plan. Synopsis Timberland Partners is requesting Tax Increment Financing (TIF) for Paravel at 635 Prairie Center Drive, the second phase of the Castle Ridge Redevelopment project. Paravel is a 5-7 story mixed-income apartment project that meets the criteria for a new Housing TIF District. 20% of the units (50 of the 246 total units) will be affordable to residents earning at or below 50% of the Area Median Income (AMI). An additional 7 units will be affordable to residents earning at or below 80% of the AMI and 6 more units will be affordable to residents earning at or below 100% of the AMI. The remaining 183 units will be market rate and include one guest unit. This request necessitates a Redevelopment Plan modification, creation of a new TIF District #24 and TIF Plan for Paravel. As part of the Redevelopment Plan modification, staff recommends expanding the boundaries of the City’s Redevelopment Project Area #5 to be coterminous with the City’s boundaries. This is a common approach that allows more flexibility in considering future support for housing throughout the City. These actions were found to be consistent with the City’s Comprehensive Plan by the Planning Commission at their August 26, 20919 meeting. The City Council held a public hearing on September 17, 2019 and directed staff to prepare these items for HRTA/City Council approval as appropriate. Background Livable Communities Grant: Due to the extraordinary costs of developing mixed income housing at this site, public financing is being requested from the City and Metropolitan Council. The City has submitted an application for Metropolitan Council Livable Communities Demonstration Account funding in the amount of $850,000. That application has been recommended for funding by the Livable Communities Advisory Committee and Community Development Committees of the Metropolitan Council. Final Metropolitan Council approval is expected on December 11, 2019. Housing TIF: Timberland is requesting new Housing TIF District financing for Paravel. Their original request was for $11,845,000 of new TIF in the form of pay-as-you-go over 26 years Ehlers Public Finance (our TIF consultants) and staff have reviewed Timberland’s application. We have determined that the proposal meets the “but for test” for TIF District financing However, the development does not require the requested amount of TIF to generate reasonable profits. Therefore, Ehlers and staff recommend $7,976,923 of present value TIF paid over 26 years. Due to the greater need for TIF resources in the early years, staff recommends paying 97% of the projected available TIF for the first 5 years and then dropping down to 80% and 50% as the project begins to generate greater returns. This approach will allow the City to pool $2,369,493 of present value TIF for other projects and administrative costs. Affordable TIF Units: During the 26 year affordability period, Paravel would need to maintain 50 units at rents affordable to households whose incomes do not exceed 50% of the AMI. Paravel would submit annual information to the City regarding the households occupying these units and the rents they pay compared to commensurate market rate units. Of the 50 affordable TIF units, staff recommends a maximum of 13 studios, and a minimum of 27 one bedroom and 10 two bedroom units. Inclusionary Housing (IH) Units: Staff recommends that the developer include 13 Inclusionary Housing (IH) units in perpetuity. 7 of the units would be affordable to households earning up to 80% of AMI and would include a maximum of 3 studios and a minimum of 3 one bedroom and 1 two-bedroom units. The remaining 6 IH units would be affordable to households earning up to 100% AMI and would include a maximum of 1 studio unit and a minimum of 1 one bedroom and 4 two bedroom units. Park Dedication: Staff recommends waiving park dedication fees for the TIF units and collecting the fees for the market rate and IH units. The developer has signed the TIF agreement with these terms (see HRA agenda item). Attachment Resolution Modifying Redevelopment Plan, Establishing TIF District and Adopting TIF Plan CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-__ A RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PAN FOR REDEVELOPMENT PROJECT AREA NO. 5 AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 24: PARAVEL THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") of the City of Eden Prairie, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie (the "HRA") has heretofore established Redevelopment Project Area No. 5 and adopted a Redevelopment Plan therefor. It has been proposed by the HRA and the City that the City adopt a Modification to the Redevelopment Plan (the "Redevelopment Plan Modification") for Redevelopment Project Area No. 5 (the "Project Area") and establish Tax Increment Financing District No. 23: Paravel (the "District") therein and adopt a Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the "Plans"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047 and Sections 469.174 to 469.1794, all inclusive, as amended, (the "Act") all as reflected in the Plans, and presented for the Council's consideration. 1.02. The HRA and City have investigated the facts relating to the Plans and have caused the Plans to be prepared. 1.03. The HRA and City have performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Plans, including, but not limited to, notification of Hennepin County and Independent School District No. 272 having taxing jurisdiction over the property to be included in the District, approval of the Plans by the HRA on April 3, 2019, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the ''Reports") relating to the Plans and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Plans. The Reports include data, information and/or substantiation constituting or relating to the basis for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. 1.05. The City is modifying the boundaries of Project Area to expand the Project Area to include the area for the TIF District. Section 2. Findings for the Adoption and Approval of the Redevelopment Plan Modification. 2.01. The Council approves the Redevelopment Plan Modification, and specifically finds that: (a) the land within the Project Area would not be available for redevelopment without the financial aid to be sought under this Redevelopment Plan; (b) the Redevelopment Plan, as modified, will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project Area by private enterprise; and (c) that the Redevelopment Plan, as modified, conforms to the general plan for the development of the City as a whole. Section 3. Findings for the Establishment of Tax Increment Financing District No. 24: Paravel 3.01. The Council hereby finds that Tax Increment Financing District No. 24: Paravel is in the public interest and is a "housing district" under Minnesota Statutes, Section 469.174, Subd. 11 of the Act. 3.02. The Council further finds that the proposed development would not occur solely through private investment within the reasonably foreseeable future, that the Plans conform to the general plan for the development or redevelopment of the City as a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.03. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. Section 4. Public Purpose. 4.01. The adoption of the Plans conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up, to provide housing opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. For the reasons described in Exhibit A, the City believes these benefits directly derive from the tax increment assistance provided under the TIF Plan. A private developer will receive only the assistance needed to make this development financially feasible. As such, any private benefits received by a developer are incidental and do not outweigh the primary public benefits. Section 5. Approval and Adoption of the Plans. 5.01. The Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Community Development Director. 5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Hennepin County is requested to certify the original net tax capacity of the District, as described in the Plans, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the HRA is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. The City Clerk is further authorized and directed to file a copy of the Plans with the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. ADOPTED by the City Council of the City of Eden Prairie on this 3rd day of December, 2019. ______________________ Ronald A. Case, Mayor ATTEST: _________________________ Kathleen Porta, City Clerk (Seal) EXHIBIT A The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 24: Paravel, as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that Tax Increment Financing District No. 24: Paravel is a housing district as defined in M.S., Section 469.174, Subd. 11. TIF District No. 24: Paravel consists of one parcel. The development will consist of approximately 246 apartment units. A portion of the housing units will receive tax increment assistance and will meet income restrictions described in M.S. 469.1761. At least 20 percent of the units (50 apartments) receiving assistance will have incomes at or below 50 percent of statewide median income. Appendix C of the TIF Plan contains background for the above finding. 2. Finding that the proposed development, in the opinion of the CITY, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The proposed development, in the opinion of the CITY, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the development proposed in this plan contains affordable housing units that meet the City's objectives for development. The cost of land acquisition, site and public improvements and construction makes this housing development infeasible without City assistance. The cost of land acquisition and construction are the same for affordable housing units as they are for market rate projects. The decreased rental income from the affordable units, means there is less cash flow available to service the operating and debt expenses for the project. This leaves a gap in funding for the project. The amount of the gap has been verified by the City and CITY’s consultant. The need to offset this reduction in rents for the affordable units makes this housing development feasible only through assistance, in part, from tax increment financing. The developer was asked for and provided a letter and a pro forma as justification that the project would not have gone forward without tax increment assistance. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan: This finding is justified on the grounds that the costs of acquisition, building demolition, site improvements, utility improvements and construction of affordable housing add to the total development cost. Historically, the costs of site and public improvements, as well as high market rate rents in the City have made development of affordable housing infeasible without tax increment assistance. Although other projects could potentially be proposed, the CITY reasonably determines that no other redevelopment of similar scope providing the desired affordability can be anticipated on this site without substantially similar assistance being provided to the development. 3. Finding that the TIF Plan for Tax Increment Financing District No. 24: Paravel conforms to the general plan for the development or redevelopment of the municipality as a whole. The CITY finds that the TIF Plan conforms to the general development plan of the City. The TIF Plan is consistent with amendments approved by the City Council to the Comprehensive Guide Plan and zoning. 4. Finding that the TIF Plan for Tax Increment Financing District No. 24: Paravel will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Redevelopment Project Area No. 5 by private enterprise. The project to be assisted by the District will result in diversified housing opportunities and increased employment and increased tax base in the City and the State of Minnesota, and the addition of a high-quality development to the City. EXHIBIT A The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 24: Paravel, as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that Tax Increment Financing District No. 24: Paravel is a housing district as defined in M.S., Section 469.174, Subd. 11. TIF District No. 24: Paravel consists of one parcel. The development will consist of approximately 246 apartment units. A portion of the housing units will receive tax increment assistance and will meet income restrictions described in M.S. 469.1761. At least 20 percent of the units (50 apartments) receiving assistance will have incomes at or below 50 percent of statewide median income. Appendix C of the TIF Plan contains background for the above finding. 2. Finding that the proposed development, in the opinion of the CITY, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The proposed development, in the opinion of the CITY, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the development proposed in this plan contains affordable housing units that meet the City's objectives for development. The cost of land acquisition, site and public improvements and construction makes this housing development infeasible without City assistance. The cost of land acquisition and construction are the same for affordable housing units as they are for market rate projects. The decreased rental income from the affordable units, means there is less cash flow available to service the operating and debt expenses for the project. This leaves a gap in funding for the project. The amount of the gap has been verified by the City and CITY’s consultant. The need to offset this reduction in rents for the affordable units makes this housing development feasible only through assistance, in part, from tax increment financing. The developer was asked for and provided a letter and a pro forma as justification that the project would not have gone forward without tax increment assistance. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan: This finding is justified on the grounds that the costs of acquisition, building demolition, site improvements, utility improvements and construction of affordable housing add to the total development cost. Historically, the costs of site and public improvements, as well as high market rate rents in the City have made development of affordable housing infeasible without tax increment assistance. Although other projects could potentially be proposed, the CITY reasonably determines that no other redevelopment of similar scope providing the desired affordability can be anticipated on this site without substantially similar assistance being provided to the development. 3. Finding that the TIF Plan for Tax Increment Financing District No. 24: Paravel conforms to the general plan for the development or redevelopment of the municipality as a whole. The CITY finds that the TIF Plan conforms to the general development plan of the City. The TIF Plan is consistent with amendments approved by the City Council to the Comprehensive Guide Plan and zoning. 4. Finding that the TIF Plan for Tax Increment Financing District No. 24: Paravel will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Redevelopment Project Area No. 5 by private enterprise. The project to be assisted by the District will result in diversified housing opportunities and increased employment and increased tax base in the City and the State of Minnesota, and the addition of a high-quality development to the City. Requested Action Move to: Adopt the resolution designating polling places for 2020. Synopsis MN State Statute 204B.16 states by December 31 of each year, the governing body of each municipality must designate by resolution a polling place for each election precinct. The polling places designated in the resolution are the polling places for the following calendar year. Precinct 12 will return to the Eden Prairie Library for 2020. Precinct 9, Resurrection Life Church will move to Victory Lutheran Church. Attachment Resolution CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 3, 2019 DEPARTMENT/DIVISION: Kathleen Porta Administration / City Clerk ITEM DESCRIPTION: Resolution designating polling places for 2020 ITEM NO.: VIII.E. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-___ A RESOLUTION ESTABLISHING POLLING PLACES BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, that the following facilities are designated as polling places for 2020: Precinct 1 Prairie View Elementary School Precinct 11 St. Andrew Lutheran Church 17255 Peterborg Road 13600 Technology Drive Precinct 2 Eden Prairie Assembly of God Precinct 12 Eden Prairie Community Library 16591 Duck Lake Trail 565 Prairie Center Drive Precinct 3 Immanuel Lutheran Church Precinct 13 Hennepin Technical College 16515 Luther Way 13100 College View Drive Precinct 4 Life Church Precinct 14 Pax Christi Catholic Community 14100 Valley View Road 12100 Pioneer Trail Precinct 5 Prairie Hill Evangelical Free Church Precinct 15 Eden Lake Elementary School 17200 Valley View Road 12000 Anderson Lakes Parkway Precinct 6 Christ Lutheran Church Precinct 16 Pax Christi Catholic Community 16900 Main Street 12100 Pioneer Trail Precinct 7 City Hill Fellowship Precinct 17 Prairie Lutheran Church 12901 Roberts Drive 11000 Blossom Road Precinct 8 Wooddale Church Precinct 18 Prairie Community Church 6630 Shady Oak Road 9145 Eden Prairie Road Precinct 9 Victory Lutheran Church Precinct 19A Grace Church 16200 Berger Dr. 9301 Eden Prairie Road Precinct 10 Eden Prairie United Methodist Church Precinct 19B Grace Church 15050 Scenic Heights Road 9301 Eden Prairie Road ADOPTED by the Eden Prairie City Council this 3rd day of December, 2019. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 3, 2019 DEPARTMENT/DIVISION: Janet Jeremiah, Community Development Director Megan Yerks, Community Services Coordinator ITEM DESCRIPTION: Recommendations for Funding Social Services Providers for 2020-2021 ITEM NO.: VIII.F. Requested Action Move to: Approve funding recommendations made by the Human Services Review Committee for social service providers for 2020 and 2021. Background The Human Services Review Committee comprised of staff from Police, Park & Rec, Community Services and Community Development made the funding recommendations listed below based on the review of written proposals, presentations, past performance by social service providers, and budget direction from the City Council. Program 2016-2017 Funding 2018-2019 Funding 2020-2021 Agency Request 2020-2021 HSRC Recommendation Bloomington Eden Prairie Meals on Wheels $12,000.00 $10,000.00 $15,000.00 $10,000.00 Community Service Tech1 $54,000.00 N/A N/A N/A EP Schools Early Childhood Programs $31,000.00 $31,000.00 $32,000.00 $30,000.00 Homeline $11,000.00 $12,700.00 $14,141.00 $13,000.00 MoveFWD (formerly Teens Alone) $26,000.00 $26,000.00 $30,000.00 $25,000.00 NAMI Minnesota No Request $3,000.00 No Request No Request Onward Eden Prairie No Request No Request $30,000.00 $15,000.00 PROP $67,000.00 $73,000.00 $98,000.00 $74,000.00 Senior Community Services $63,000.00 $73,000.00 $76,000.00 $73,000.00 Southdale YMCA $40,000.00 $30,000.00 $40,000.00 $20,000.00 Treehouse No Request $6,000.00 $10,000.00 $6,000.00 YMCA of the Greater Twin Cities 2 $12,000.00 $12,000.00 $48,000.00 $20,000.00 Emerging Needs $4,000.00 $1,650.00 $760.00 Total $320,000.00 $278,350.00 $286,760.00 New Applicant 1 Community Service Tech funded under Wages No Benefits line beginning 2018 2 Formerly known as YMCA Summer Program @ Briarhill CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 3, 2019 DEPARTMENT/DIVISION: Community Development/ Economic Development Janet Jeremiah/David Lindahl ITEM DESCRIPTION: Resolution in support of application to DEED to assist DDL Corporation with business expansion. ITEM NO.: VIII.G. Requested Action Move to: Approve resolution to support application to the Minnesota Department of Employment and Economic Development’s (DEED) Job Creation Fund to assist DDL Corporation with a planned business expansion. Synopsis DDL is a testing laboratory for medical and pharmaceutical products located at 10200 Valley View Road in Eden Prairie. They are applying for funding through DEED’s Job Creation Fund to help make various improvements to meet projected growth over the next five years. DDL has 81 employees in Eden Prairie and plans to add 20 new jobs over the next three years. An award from the Job Creation Fund will help DDL expand its laboratory and office space by about 15,000 square feet to help meet projected employee growth over the next three years. Background Information The Job Creation Fund provides financial incentives to new and expanding businesses that meet certain job creation and capital investment targets. Companies deemed eligible to participate could receive up to $1 million for creating or retaining high-paying jobs and for constructing or renovating facilities or making other property improvements. To begin the application for the Job Creation Fund, businesses must gain municipal approval. Attachment Local Government Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- A RESOLUTION APPROVING THE SUPPORT OF A JOB CREATION FUND APPLICATION IN CONNECTION WITH DDL CORPORATION WHEREAS, the City of Eden Prairie, Minnesota (the “City”), desires to assist DDL Corporation, located at 10200 Valley View Road in Eden Prairie, obtain funding from the Department of Employment and Economic Development (DEED) Job Creation Fund Program; and WHEREAS, DDL Corporation provides package, product and materials testing for the medical device, pharmaceutical, and consumer goods industry and plans to purchase the building they currently lease at 10200 Valley View Road in the Golden Triangle of Eden Prairie and use JCF funds to help expand operations by 15,000 feet and add 20 jobs over the next three years; and WHEREAS, the City of understands that DDL Corporation, through and with the support of the City, intends to submit to the Minnesota Department of Employment and Economic Development an application for an award and/or rebate from the Job Creation Fund Program; and WHEREAS, the City of Eden Prairie held a city council meeting on December 3rd, 2019 to consider this matter. NOW, THEREFORE, BE IT RESOLVED that, after due consideration, the Mayor and City Council of the City of Eden Prairie, Minnesota, hereby express their approval of the application proposed by DDL Corporation for an award and/or rebate from the Job Creation Fund Program. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of December, 2019. ______________________________ Ronald A. Case, Mayor ATTEST: SEAL ______________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE December 3, 2019 DEPARTMENT / DIVISION Police Department ITEM DESCRIPTION Approve purchase of Tasers and accessories ITEM NO. VIII.H. Requested Action Move to: Approve the purchase of Tasers and accessories for $100,000. This purchase will be funded from approved 2020 CIP funds. Synopsis The Eden Prairie Police Department staff, including Officers, CSOs and Reserve Officers, utilize Tasers as less lethal force option while on duty. Tasers have been shown to increase compliance while reducing subject and officer injuries during force encounters. The current Taser program requires staff to check Tasers in and out for each shift. Because of the limited number of Tasers available, there are times during special events and details where there are not enough Tasers for all staff. The 2020 Taser initiative has identified the need for each officer to be issued a Taser in order to ensure each officer has the tools necessary to do their job. Prices and bids were sought through AXON Taser, State Bid and local vendors. There are no other reputable manufacturers of similar less lethal devices like the AXON Taser, hence, no other manufactures were reviewed or priced. Through evaluation, it was found that selecting a package plan though AXON Taser was more cost effective than purchasing a-la-carte though the state bid. AXON Taser only sells directly to Police Departments in Minnesota and does not use vendors. The selected Tasers X26P are the same as those already in-service at the Eden Prairie Police Department. This will allow for the current stock of training and duty accessories to be utilized, while not changing the current annual training program. The 5 year extended service warranty is included in the package pricing. Through current needs analysis, we have identified the need for 71 Tasers. This purchase will include the following accessories for each user: holster, TPPM battery pack, extended warranty and two 25 foot standard cartridges. The Tasers are on a 5 year replacement cycle and will be budgeted as such in the ongoing CIP planning process. Attachment AXON Quote Contract Payment Terms: Net 30Delivery Method: Fedex -Ground Q-202953-43763.860CF Taser 60 Basic Due Year 1 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 85181 TASER 60 YEAR 1 PAYMENT: X26P BASIC 71 291.00 226.00 16,046.00 85182 TASER 60 YEAR 2 PAYMENT: X26P BASIC 71 291.00 291.00 20,661.00 85183 TASER 60 YEAR 3 PAYMENT: X26P BASIC 71 291.00 291.00 20,661.00 85184 TASER 60 YEAR 4 PAYMENT: X26P BASIC 71 291.00 291.00 20,661.00 Hardware 22012 TPPM, TACTICAL BATTERY PACK, PINKY EXTENDER, X2/X26P 71 0.00 0.00 0.00 11501 RIGHT-HAND HOLSTER, X26P, BLACKHAWK 71 0.00 0.00 0.00 44203 25 FT STANDARD CARTRIDGE, X26/X26P 142 0.00 0.00 0.00 22013 KIT, DATAPORT DOWNLOAD, USB, X2/X26P 1 200.00 0.00 0.00 11501 RIGHT-HAND HOLSTER, X26P, BLACKHAWK 4 64.00 0.00 0.00 11504 LEFT-HAND HOLSTER, X26P, BLACKHAWK 5 64.00 0.00 0.00 44203 25 FT STANDARD CARTRIDGE, X26/X26P 64 33.00 33.00 2,112.00 11003 YELLOW X26P CEW, HANDLE 71 0.00 0.00 0.00 Subtotal 80,141.00 Estimated Shipping 0.00 Estimated Tax 0.00 Total 80,141.00 X26P SPARE -NO CHARGE Item Description Quantity List Unit Price Net Unit Price Total (USD) Hardware 11002 BLACK X26P CEW, HANDLE 1 0.00 0.00 0.00 Issued: 10/25/2019 Quote Expiration: 12/16/2019 Account Number: 129989 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United StatesPhone: (800) 978-2737 Protect Life. PRIMARY CONTACTBryan DeanPhone: 952-949-6200 Email: bdean@edenprairie.org BILL TO Eden Prairie Police Dept.-MN 8080 MITCHELL ROAD Eden Prairie, MN 55344United States SHIP TO Bryan Dean Eden Prairie Police Dept.-MN 8080 MITCHELL ROAD Eden Prairie, MN 55344 United States SALES REPRESENTATIVEColin Fine Phone: 480-463-2167Email: cfine@taser.comFax: 888-843-4309 Q-202953-43763.860CF1 X26P SPARE -NO CHARGE (Continued) Item Description Quantity List Unit Price Net Unit Price Total (USD) Hardware (Continued) 22010 PPM, STANDARD BATTERY PACK, X2/X26P 1 0.00 0.00 0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Year 2 Due 2021 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans & Packages 85185 TASER 60 YEAR 5 PAYMENT: X26P BASIC 71 291.00 291.00 20,661.00 Subtotal 20,661.00 Estimated Tax 0.00 Total 20,661.00 Grand Total 100,802.00 Protect Life.Q-202953-43763.860CF2 Summary of Payments Payment Amount (USD) Taser 60 Basic Due Year 1 80,141.00 X26P SPARE -NO CHARGE 0.00 Year 2 Due 2021 20,661.00 Grand Total 100,802.00 Discounts (USD) Quote Expiration: 12/16/2019 List Amount 106,193.00 Discounts 5,391.00 Total 100,802.00 *Total excludes applicable taxes Protect Life.Q-202953-43763.860CF3 Notes Axon will not ship product or deliver services under this agreement until after January 1, 2020 for a contract start date of January 2020. The invoice will be generated with a 2020 date. TASER60 Terms and Conditions: This quote contains a purchase under the TASER 60 Plan. If your purchase only includes the TASER 60 Plan, CEWs, and CEW accessories, then this purchase is solely governed by the TASER 60 Terms and Conditions posted at:https://www.axon.com/legal/sales-terms-and-conditions, and the terms and conditions of Axon's Master Services and Purchasing Agreement do not apply to this order. You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity, such as the company, municipality, or government agency you work for, you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, do not sign this Quote. Tax is subject to change at order processing with valid exemption. Axon’s Sales Terms and Conditions This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable.Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Signature:CustSIG Date:CustDate Name (Print):CustName Title:CustTitle PO# (Or writeN/A):CustPo Please sign and email to Colin Fine at cfine@taser.com or fax to 888-843-4309 Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buy.axon.com ‘Protect Life’© and TASER® are registered trademarks of Axon Enterprise, Inc, registered in the U.S. © 2013 Axon Enterprise, Inc. All rights reserved. Protect Life.Q-202953-43763.860CF4 ***Axon Internal UseOnly*** Review1 Review 2 SFDC Contract #: Order Type:RMA#:Address Used:SO#: Comments: Axon EnterpriseAxon EnterpriseAxon EnterpriseAxon Enterprise, Inc.’s TASER 60 Terms and Conditions, Inc.’s TASER 60 Terms and Conditions, Inc.’s TASER 60 Terms and Conditions, Inc.’s TASER 60 Terms and Conditions Page 1 of 5 These TASER 60 Terms and Conditions (AgreementAgreementAgreementAgreement) apply to your purchase from Axon Enterprise, Inc. (AxonAxonAxonAxon) under the TASER 60 Plan. TASER 60 provides CEW hardware extended warranty coverage, CEW Products, and CEW accessories. TASER 60 only applies to the TASER CEW Product and accessories listed in the Quote. 1.1.1.1. TASER 60 TermTASER 60 TermTASER 60 TermTASER 60 Term. TASER 60 Term start date is based upon the shipment date of the hardware covered under TASER 60 (Start DateStart DateStart DateStart Date). The TASER 60 Term will end 5 years after the Start Date (TermTermTermTerm). 2.2.2.2. Payment TermsPayment TermsPayment TermsPayment Terms.... Axon invoices for the TASER 60 plan on an annual basis. City will be invoiced upon the Start Date and then upon the anniversary of the Start Date for the remainder of the Term. Invoices are due to be paid within 30 days of the date of invoice. Invoices are due to be paid within 30 days of the date of invoice. Payment obligations are non-cancelable and fees paid are non-refundable and all amounts payable will be made without setoff, deduction, or withholding. 3.3.3.3. TaxesTaxesTaxesTaxes. . . . Unless the City provides a valid and correct tax exemption certificate applicable to the purchase and ship-to location, the City is responsible for sales and other taxes associated with the order. 4.4.4.4. Shipping; Title; RiShipping; Title; RiShipping; Title; RiShipping; Title; Risk of Loss; Rejectionsk of Loss; Rejectionsk of Loss; Rejectionsk of Loss; Rejection. . . . Axon reserves the right to make partial shipments and products may ship from multiple locations. All shipments are E.X.W. via common carrier and title and risk of loss pass to the City upon delivery to the common carrier by Axon. The City is responsible for all freight charges. Any loss or damage that occurs during shipment is the City’s responsibility. Shipping dates are estimates only. 5.5.5.5. ReturnsReturnsReturnsReturns. . . . All sales are final and no refunds or exchanges are allowed, except for warranty returns or as provided by state or federal law. 6.6.6.6. Hardware Limited WarrantyHardware Limited WarrantyHardware Limited WarrantyHardware Limited Warranty. . . . Axon warrants the law enforcement hardware furnished shall be in accord with this Agreement and are free from defects in workmanship and materials for a period of ONE (1) YEAR from the date of receipt. Extended warranties run from the date of purchase of the extended warranty through the balance of the 1-year limited warranty term plus the term of the extended warranty measured after the expiration of the 1-year limited warranty or such longer period as may be prescribed by law, from the date of the City’s written acceptance of the hardware. CEW cartridges and Smart cartridges that are expended are deemed to have operated properly. Axon- Manufactured Accessories are covered under a limited 90-DAY warranty from the date of receipt. Non- Axon manufactured accessories are covered under the manufacturer’s warranty. If Axon determines that a valid warranty claim is received within the warranty period, Axon agrees to repair or replace the Product. Axon’s sole responsibility under this warranty is to either repair or replace with the same or like Product, at Axon’s option. 7.7.7.7. Warranty LimitationsWarranty LimitationsWarranty LimitationsWarranty Limitations. The warranties do not apply and Axon will not be responsible for any loss, damage, or other liabilities arising from: (a) damage from failure to follow instructions relating to the Product’s use; (b) damage caused by use with non-Axon products or from the use of cartridges, batteries or other parts, components or accessories that are not manufactured or recommended by Axon; (c) damage caused by abuse, misuse, intentional or deliberate damage to the product, or force majeure; (d) damage to a Product or part that has been repaired or modified by persons other than Axon authorized personnel or without the written permission of Axon; or (e) if any Axon serial number has been removed or defaced. To the extent permitted by law, the warranties and remedies set forth above are exclusive and To the extent permitted by law, the warranties and remedies set forth above are exclusive and To the extent permitted by law, the warranties and remedies set forth above are exclusive and To the extent permitted by law, the warranties and remedies set forth above are exclusive and AxonAxonAxonAxon disclaims all other warrantiesdisclaims all other warrantiesdisclaims all other warrantiesdisclaims all other warranties, , , , remedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or impremedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or impremedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or impremedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or implied warranties lied warranties lied warranties lied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty descrcannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty descrcannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty descrcannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited by ibed above and limited by ibed above and limited by ibed above and limited by the other provisions contained in this Agreement.the other provisions contained in this Agreement.the other provisions contained in this Agreement.the other provisions contained in this Agreement. Axon's cumulative liability under this section to any Party for any loss or damage resulting from any claims, demands, or actions of intellectual property infringement will not exceed $2,000,000. For all other claims, Axon’s cumulative liability under this section to any Party arising out of or relating to any Axon product will not exceed $500,000.00. In no event will either Party be liable for any direct, special, indirect, incidental, exemplary, punitive or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory. 8.8.8.8. Warranty ReturnsWarranty ReturnsWarranty ReturnsWarranty Returns. . . . If a valid warranty claim is received by Axon within the warranty period, Axon agrees to repair or replace the Product which Axon determines in its sole discretion to be defective under normal use, as defined in the Product instructions. Axon’s sole Axon EnterpriseAxon EnterpriseAxon EnterpriseAxon Enterprise, Inc.’s TASER 60 Terms and Conditions, Inc.’s TASER 60 Terms and Conditions, Inc.’s TASER 60 Terms and Conditions, Inc.’s TASER 60 Terms and Conditions Page 2 of 5 responsibility under this warranty is to either repair or replace with the same or like Product, at Axon’s option. For warranty return and repair procedures, including troubleshooting guides, please go to Axon’s website www.axon.com/support . A replacement product will be new or like new and have the remaining warranty period of the original product or 90 days from the date of replacement or repair, whichever period is longer. Any replacement item becomes Purchaser’s property and the replaced item becomes Axon’s property. 9.9.9.9. TASER 60 Warranty CoverageTASER 60 Warranty CoverageTASER 60 Warranty CoverageTASER 60 Warranty Coverage. TASER 60 includes extended warranty coverage for TASER CEW hardware specifically identified in the Quote and as described in the Hardware Limited Warranty. TASER 60 warranty coverage starts at the beginning of the Term and continues as long as the City continues to pay the required annual fees for TASER 60 during the Term. The City may not have both an optional extended warranty and TASER 60 on the TASER CEW product. 10.10.10.10. Spare ProductSpare ProductSpare ProductSpare Product. For orders of more than 30 units, Axon will provide a predetermined number of Spare Product for the TASER CEW hardware listed in the Quote (Spare ProductsSpare ProductsSpare ProductsSpare Products) to keep at the City location to replace broken or non-functioning units in order to improve the availability of the units to officers in the field. The City must return to Axon, through Axon’s RMA process, any broken or non-functioning units for which a Spare Product is utilized, and Axon will repair or replace the non-functioning unit with a replacement product. Axon warrants it will repair or replace the unit which fails to function for any reason not excluded by the warranty coverage, during the Term with the same product or a like product, at Axon’s sole option. Within 30 days of the end of the Term, the City must return to Axon all Spare Products. The City will be invoiced for and are obligated to pay to Axon the MSRP then in effect for all Spare Products not returned to Axon. 11.11.11.11. Product WarningsProduct WarningsProduct WarningsProduct Warnings. . . . See our website at www.axon.com for the most current product warnings. 12.12.12.12. Design ChangesDesign ChangesDesign ChangesDesign Changes. . . . Axon reserves the right to make changes in the design of any of Axon’s products and services without incurring any obligation to notify the City or to make the same change to products and services previously purchased. Axon may replace end of life products with the next generation of that product without notifying the City. 13.13.13.13. TASER 60 TerminationTASER 60 TerminationTASER 60 TerminationTASER 60 Termination. . . . If an invoice for TASER 60 is more than 30 days past due, then Axon may terminate TASER 60. Axon will provide notification that TASER 60 coverage is terminated. Once TASER 60 coverage is terminated for any reason, then: 13.1 TASER 60 coverage will terminate as of the date of termination and no refunds will be given. 13.2 The City will be invoiced and obligated to pay for the remainder of the MSRP for TASER 60 Products received before the termination date. In the case of termination for non-appropriations, Axon will not invoice the City if the City returns the CEW, battery, holster, and unused cartridges to Axon within 30 days of the date of termination. 13.3 The City will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 60 plan. 14.14.14.14. Excusable DelaysExcusable DelaysExcusable DelaysExcusable Delays. Axon will use commercially reasonable efforts to deliver all products and services ordered as soon as reasonably practicable. In the event of interruption of any delivery due to causes beyond Axon’s reasonable control Axon has the right to delay or terminate the delivery with reasonable notice. 15.15.15.15. Proprietary InformationProprietary InformationProprietary InformationProprietary Information. The City agrees that Axon has and claims various proprietary rights in the hardware, firmware, software, and the integration of ancillary materials, knowledge, and designs that constitute Axon products and services, and that the City will not directly or indirectly cause any proprietary rights to be violated. 16.16.16.16. ImportImportImportImport andandandand ExportExportExportExport ComplianceComplianceComplianceCompliance. In connection with this Agreement, each Party will comply with all applicable import, re- import, export, and re-export control laws and regulations. 17.17.17.17. AssignmentAssignmentAssignmentAssignment. The City may not may assign or otherwise transfer this Agreement without the prior written approval of Axon. 18.18.18.18. SeverabilitySeverabilitySeverabilitySeverability. This Agreement is contractual and not a mere recital. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. 19.19.19.19. Governing Law; VenueGoverning Law; VenueGoverning Law; VenueGoverning Law; Venue. The laws of the state where the City is physically located, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between the Parties. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. Axon EnterpriseAxon EnterpriseAxon EnterpriseAxon Enterprise, Inc.’s TASER 60 Terms and Conditions, Inc.’s TASER 60 Terms and Conditions, Inc.’s TASER 60 Terms and Conditions, Inc.’s TASER 60 Terms and Conditions Page 3 of 5 20.20.20.20. Entire AgreementEntire AgreementEntire AgreementEntire Agreement. This Agreement and the quote provided by Axon, represents the entire agreement between the Parties. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between the Parties, whether written or verbal, regarding the subject matter of this Agreement. No modification or amendment of any portion of this Agreement will be effective unless in writing and signed by the Parties to this Agreement. 21. Compliance with Laws and RegulationsCompliance with Laws and RegulationsCompliance with Laws and RegulationsCompliance with Laws and Regulations.... In providing services hereunder, Axon shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 22. ConflictsConflictsConflictsConflicts. . . . No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 23. CounterpartsCounterpartsCounterpartsCounterparts.... This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 24. EmployeesEmployeesEmployeesEmployees. Axon agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Axon prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 25. EnforcementEnforcementEnforcementEnforcement. Axon shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement in the event that the City is determined to be the prevailing party in the dispute. 26. Application and InterpretationApplication and InterpretationApplication and InterpretationApplication and Interpretation.... This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. 27. NonNonNonNon----DiscriminationDiscriminationDiscriminationDiscrimination. . . . During the performance of this Agreement, Axon shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. Axon shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. Axon shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. Axon further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 28. NoticeNoticeNoticeNotice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 29. Rights and RemediesRights and RemediesRights and RemediesRights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 30. Services Not Provided ForServices Not Provided ForServices Not Provided ForServices Not Provided For.... No claim for services furnished by Axon not specifically provided for herein shall be honored by the City. 31. Statutory ProvisionsStatutory ProvisionsStatutory ProvisionsStatutory Provisions. . . . a. Audit Disclosure. The books, records, documents and accounting procedures and practices of Axon or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by Axon under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval, unless required by law. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, Axon EnterpriseAxon EnterpriseAxon EnterpriseAxon Enterprise, Inc.’s TASER 60 Terms and Conditions, Inc.’s TASER 60 Terms and Conditions, Inc.’s TASER 60 Terms and Conditions, Inc.’s TASER 60 Terms and Conditions Page 4 of 5 maintained, or disseminated by Axon in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Axon shall comply with those requirements as if it were a government entity. All subcontracts entered into by Axon in relation to this Agreement shall contain similar Data Practices Act compliance language. 32. WaiverWaiverWaiverWaiver.... Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of this Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed. Each Party warrants and represents that its respective signatories whose signatures appear below have been and are, on the date of signature, duly authorized to execute this Agreement. Axon Enterprise, Inc.Axon Enterprise, Inc.Axon Enterprise, Inc.Axon Enterprise, Inc. CITY OF EDEN PRAIRIECITY OF EDEN PRAIRIECITY OF EDEN PRAIRIECITY OF EDEN PRAIRIE Signature: Signature: Name: Name: Ronald A. Case Title: Title: Mayor Date: Date: Signature: Name: Rick Getschow Title: City Manager Date: Axon EnterpriseAxon EnterpriseAxon EnterpriseAxon Enterprise, Inc.’s TASER 60 Terms and Conditions, Inc.’s TASER 60 Terms and Conditions, Inc.’s TASER 60 Terms and Conditions, Inc.’s TASER 60 Terms and Conditions Page 5 of 5 TASER Assurance Plan (Purchased with TTASER Assurance Plan (Purchased with TTASER Assurance Plan (Purchased with TTASER Assurance Plan (Purchased with TASERASERASERASER 60 Only)60 Only)60 Only)60 Only) AppendixAppendixAppendixAppendix If The TASER Assurance Plan or “TAP” has been purchased in addition to the TASER 60 plan, this Appendix will apply to the City’s purchase. TAP provides Upgrade Models at the end of the TAP Term. TAP only applies to Axon Product listed in the Quote with the exception of any initial hardware or any software services offered for, by, or through the Evidence.com website. The City may not buy more than one TAP for any one covered Product. 1111 TAP TermTAP TermTAP TermTAP Term. The TAP Term start date is based upon the shipment date of the hardware covered under TAP. If the shipment of the hardware occurred in the first half of the month, then the Term starts on the 1st of the following month. If the shipment of the hardware occurred in the second half of the month, then the Term starts on the 15th of the following month. TAP for CEWs is a 5 year term. 2222 TAP Upgrade ModelsTAP Upgrade ModelsTAP Upgrade ModelsTAP Upgrade Models. Any Products replaced within 6 months prior to the scheduled upgrade will be deemed the upgrade. Within 30 days of receiving an upgrade, the City must return the original Products to Axon or destroy the Products locally and provide a certificate of destruction to Axon that includes the serial numbers for the destroyed Products. If the City does not return the Products to Axon or destroy the Products, Axon will deactivate the serial numbers for the Products received by the City. If the City makes all TAP CEW payments, 5 years after the start of the TAP Term, Axon will provide the City with a new CEW that is the same Product or a like Product, in the same weapon class (CEW UpCEW UpCEW UpCEW Upgrade Modelgrade Modelgrade Modelgrade Model), as well as a battery. The City may elect to receive the CEW Upgrade Model anytime in the 5th year of the TAP term as long as the final payment has been made. 3333 TAP TerminationTAP TerminationTAP TerminationTAP Termination. . . . If an invoice for TAP is more than 30 days past due or the City defaults on its payments for the Evidence.com Services, then Axon may terminate TAP and all outstanding Product related TAPs. Axon will provide notification that TAP coverage is terminated. Once TAP coverage is terminated for any reason, then: 3.1.3.1.3.1.3.1. TAP coverage will terminate as of the date of termination and no refunds will be given. 3.2.3.2.3.2.3.2. Axon will not and has no obligation to provide the free upgrades. 3.3.3.3.3.3.3.3. The City will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TAP. 3.4.3.4.3.4.3.4. If the City received a credit towards the first TAP payment as part of a trade-in promotion, then upon cancellation/termination the City will be assessed a $100 cancellation fee for each covered product. , AXON, Axon, TASER, and TASER CAM are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information visit www.axon.com/legal. All rights reserved. © 2018 Axon Enterprise, Inc. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 3, 2019 DEPARTMENT/DIVISION: Administration Rick Clark, Facilities ITEM DESCRIPTION: Approve the Standard Agreement for Contracted Services with Waste Management for Waste Services ITEM NO.: VIII.I. Motion Move to: Approve the Standard Agreement for Contracted Services with Waste Management for Waste Services at an annual approximate total of $41,123.28 Synopsis Staff recommends entering into a Standard Agreement for Contracted Services with Waste Management for waste services at 10 of the City owned buildings Facilities manages the waste services at. These are to include the 4 separate Fire Stations, City Center building, Senior Center, Community Center, Maintenance Facility, Art Center and Den Road Building. Background Staff met with both current providers at an attempt to lower overall waste services costs and were unable to come to an agreement. Waste services at the 10 buildings are currently split between Aspen Waste and Randy’s Waste for a total of over $57,000. This contract with Waste Management will be at a savings to the City and also Waste Management is able to support the Sustainable Eden Prairie effort via organics programs at all locations. The annual total of this contract is approximate because of monthly fuel pricing adjustments and the City’s demo dumpster tonnage fluctuates for each pick up. Attachment Standard Agreement for Contracted Services 2017 06 01 Agreement for Contract Services This Agreement (“Agreement”) is made on the 3rd day of December, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Waste Management of Minnesota, Inc., a Minnesota corporation (hereinafter "Contractor") whose business address is 1901 Aimes Dr, Burnsville, MN 55306. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of solid waste collection and disposal and recyclable materials collection services by Contractor at City facilities hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. The initial term of this Agreement shall be one year commencing on January 9, 2020 and ending on January 9, 2021, and thereafter shall automatically renew for successive renewal terms of one year each, except that this Agreement may be terminated at the end of any one (1) year period with sixty (60) days prior written notice from either party. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 11 e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the City, to present a first class operation. f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. c. Represents and warrants that the materials to be collected under this Agreement shall be only "Waste Materials" as defined herein. For purposes of this Agreement, "Waste Materials" means all non-hazardous solid waste, organic waste, and if applicable, Recyclable Materials (as defined below) generated by Customer or at Customer's Service Address(es). Waste Materials includes “Special Waste”, such as industrial process wastes, asbestos-containing material, petroleum contaminated soils, treated/de- characterized wastes, and demolition debris, for which Customer shall complete a Special Waste Profile sheet to be approved by Company in writing. Waste Materials excludes, and Customer agrees not to deposit or permit the deposit for collection of (i) any waste tires, (ii) radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio- hazardous, regulated medical or hazardous waste, toxic substance or material, as defined by, characterized or listed under applicable federal, state, or local laws or regulations, (iii) any materials containing information protected by federal, state or local privacy and security laws or regulations (unless tendered to Company pursuant to an additional Exhibit L to this Agreement), (iv) any other items or material prohibited by federal, state or local laws or regulations, or that could adversely affect the operation or useful life of the facility(ies) receiving Customer’s Waste Materials, or (v) Special Waste not approved in writing by Company (collectively, "Excluded Materials"). Title to and liability for Excluded Materials shall remain with Customer at all times. Title to Customer's Waste Materials is transferred to Company upon Company's receipt or collection unless otherwise provided in this Agreement or applicable law. The following shall apply to fiber and non-fiber recyclables (“Recyclable Materials”) and recycling services: (i) Single stream Recyclable Materials (“Single Stream”) will consist of Customer’s entire volume of clean, dry, paper or cardboard without wax liners; clean, dry and empty aluminum food and beverage containers, ferrous (iron) or steel cans, aerosol cans, and rigid container plastics #1-7, including narrow neck containers and tubs. Any material not specifically set forth above, including but not limited to foam, film plastics, plastic bags, and tissue or paper that had been in contact with food, is unacceptable ("Unacceptable Materials"), provided that glass may be included in Single Stream with specific written approval of Company. Single Stream may not contain any Unacceptable Materials. (ii) Customer shall provide source-separated Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 11 wastepaper, cardboard, plastics and metals in accordance with the most current ISRI Scrap Specifications Circular and any amendments thereto or replacements thereof. (iii) All other Recyclable Materials will be delivered in accordance with industry standards or such specifications communicated to Customer by Company from time-to-time. (iv) Company reserves the right, upon notice to Customer, to discontinue acceptance of any category of Recyclable Materials as a result of market conditions related to such materials and makes no representations as to the recyclability of the materials which are subject to this Agreement. Recyclable Materials may not contain Excluded Materials or other materials that are deleterious or capable of causing material damage to any part of Company's property, its personnel or the public or materially impair the strength or the durability of Company's structures or equipment. Company may reject in whole or in part, or may process, in its sole discretion, Recyclable Materials not meeting the specifications, and Customer shall pay and reimburse Company for all costs, losses and expenses incurred with respect to such non-conforming Recyclable Materials including costs for handling, processing, transporting and/or disposing of such non-conforming Recyclable Materials which charges may include an amount for Company’s operating or profit margin. Without limiting the foregoing, Company may assess and Customer shall pay a contamination charge for additional handling, processing, transporting and/or disposing of Unacceptable Materials, Excluded Materials, and/or all or part of non-conforming loads. 5. Compensation for Services. City agrees to pay the Contractor monthly the rates, surcharges and taxes for Work rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the Work which may result in an increase to the compensation due the Contractor during the course of an initial term or any subsequent term, or an increase from the initial term to any subsequent renewal term, including additional costs or surcharges referred to above in Paragraph 4 any shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth Work performed under this Agreement. City shall pay Contractor within 30 days of City’s receipt of Contractor’s invoice. a. Claims. The City’s check in payment of Contractor invoices will include a statement above the Contractor’s endorsement for deposit the following statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 11 7. Project Manager. The Contractor shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's negligent acts, breach of the Agreement or violation of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties caused by Contractor. 9. Insurance. a. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 11 Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy and Automobile Policy, , shall name the “City of Eden Prairie” as an additional insured including products and completed operations. f. All polices shall contain a waiver of subrogation in favor of the City. g. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. h. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. i. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. j. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. k. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. l. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 11 business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. m. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. n. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. o. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 11 expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees and from any breach of this Agreement. Contractor’s indemnification obligations will not apply to occurrences of Excluded Materials. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non- performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of either party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 11 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the Work described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Each party shall be responsible for the costs of its own attorney. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. Neither Contractor nor the City, shall be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Intentionally Left Blank. Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 11 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 11 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE ______________________________ Ronald A. Case, Its Mayor ______________________________ Rick Getschow, Its City Manager Waste Management By: ________________________________ Its: _______________________________ 2017 06 01 EXHIIBT A Exhibit A 9/18/2019 City of Eden Prairie Service Type # of Containers Container Size (Yds)Service Frequency/Wk Base rate/mo Fuel (13.94%)**Enviro (17.75%)*RCR Charge (3.6%)***Monthly Rental Disposal Rate Per Ton $ 28.40 (after 3 ton -estimate 6 ton) Hennepin County Tax(21.5%) State Solid Waste Tax (17%)Approximate Mo Total Comments 8080 Mitchell Drive Trash 1 4yd 5 x's/wk $275.00 $38.34 $48.81 $9.90 $0.00 NA $77.86 $63.25 $513.16 Organics 1 4yd 2 x's/wk $110.00 $15.33 $19.53 $3.96 $0.00 NA $0.00 $0.00 $148.82 (Customer Owned Compactor)Recycling 1 40 yd On Call $104.00 $14.50 $18.46 $3.74 $0.00 $93.00 $0.00 $0.00 $233.70 Fire Station #3-7350 Cty Rd 4 Trash 1 2yd EOW $24.00 $3.35 $4.26 $0.86 $0.00 NA $6.98 $4.08 $43.53 Recycling 2 96 gal EOW $25.00 $3.49 $4.44 $0.90 $0.00 NA $0.00 $0.00 $33.82Fire Station #1-14800 /Scenic Heights Rd Trash 1 2yd 1 x/wk $41.00 $5.72 $7.28 $1.48 $0.00 NA $11.93 $6.97 $74.36 Recycling 1 2yd 1x/wk $40.00 $5.58 $7.10 $1.44 $0.00 NA $0.00 $0.00 $54.12 Fire Station #2-121 Sunnybrook Rd Trash 1 2yd EOW $24.00 $3.35 $4.26 $0.86 $0.00 NA $6.98 $4.08 $43.53 Recycling 2 96 gal EOW $25.00 $3.49 $4.44 $0.90 $0.00 NA $0.00 $0.00 $33.82Maintenance Facility-15150 Technology Dr Trash 1 6yd 1x/wk $74.00 $10.32 $13.14 $2.66 $0.00 NA $21.52 $12.58 $134.22 Recycling 1 6yd 1x/wk $71.00 $9.90 $12.60 $2.56 $0.00 NA $0.00 $0.00 $96.06 Roll Off/ Demo 1 40yd On Call $104.00 $26.37 $33.58 $6.81 $0.00 $85.20 $55.03 $43.51 $354.52Haul Charge Senior Center-8950 County Rd 4 Trash 1 3yd 1x/wk $49.00 $6.83 $8.70 $1.76 $0.00 NA $14.25 $66.12 $146.67 Recycling 2 96 gal EOW $25.00 $3.49 $4.44 $0.90 $0.00 NA $0.00 $0.00 $33.82Community Center- 16700 Valley View Rd Trash 1 8yd 4x's/wk $350.00 $48.79 $62.13 $12.60 $0.00 NA $101.81 $80.50 $655.82 Recycling 1 6yd 2x's/wk $139.00 $19.38 $24.67 $5.00 $0.00 NA $0.00 $0.00 $188.05 Den Road Bldg CAM Trash-Liquor 1 2yd 1x/wk $41.00 $5.72 $7.28 $1.48 $0.00 NA $11.93 $9.43 $76.82 Trash-Retail 1 2yd EOW $24.00 $3.35 $4.26 $0.86 $0.00 NA $6.98 $5.52 $44.97 Cardboard 1 4yd 3x's/wk $160.00 $22.30 $28.40 $5.76 $0.00 NA $0.00 $0.00 $216.46 Cardboard 1 3yd 2x's/wk $92.00 $12.82 $16.33 $3.31 $0.00 NA $0.00 $0.00 $124.47 Recycling 1 96 gal 1x/wk $23.00 $3.21 $4.08 $0.83 $0.00 NA $0.00 $0.00 $31.12 Fire Station #4-17920 Linwood Ct Trash 1 2yd EOW $24.00 $3.35 $4.26 $0.86 $0.00 NA $6.98 $5.52 $44.97 Recycling 2 96 gal EOW $25.00 $3.49 $4.44 $0.90 $0.00 NA $0.00 $0.00 $33.82 Arts Center-7650 Equitable Dr Trash 1 2yd EOW $24.00 $3.35 $4.26 $0.86 $0.00 NA $6.98 $0.55 $32.47 Recycling 2 96 gal EOW $25.00 $3.49 $4.44 $0.90 $0.00 NA $0.00 $0.00 $33.82 APPROXIMATE MONTHLY TOTAL $3,426.94 Extra Pick up per lift Trash- $ 50.00 Extra Pick up per lift Recycling- $ 50.00Overage fee $ 125.00 Per lift Container install fee waived Admin Fee of $6.50 each month - this can be waived if customer signs up for autopay and receive paperless invoices. Rates are valid for 30 days from date of price quote *The Environmental Component helps us cover any and all costs and expenses to operate our operations on a company-wide basis, in a safe and environmentally responsible manner. Environmental costs are incurred in our collection, transfer,recycling, waste-to-energy and landfill operations. **Fuel Surcharge is tied directly to the national average price of diesel fuel as reported monthly by the Energy Information Administration of the U.S. Department of Energy ("EIA/DOE") in its Monthly Retail On-Highway Diesel Prices Index. Fuel Fee does fluctuate month to month ***RCR Charge (Regulatory Cost Recovery) Helps us cover company-wide costs associated with host community fees and similar charges that we pay to municipal or other governmental authorities or agencies. Fuel can fluctuate month to month** CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 3, 2019 DEPARTMENT/DIVISION: Joe Dusek Public Works/Utilities ITEM DESCRIPTION: 20-6253.1 Award Contracts for 2020 Water Treatment Chemicals ITEM NO.: VIII.J. Requested Action Move to: Award contracts for 20-6253.1, Water Treatment Chemicals for 2020, as indicated in the attached recommendation of award. Synopsis Bids were opened on November 7, 2019 for the 2020 supply of Water Treatment Chemicals. Attached is a bid tabulation sheet indicating the prices received for each chemical and a table recommending each low-bidder for award of contract at the price indicated. Background Information The water treatment chemicals are essential for the production of potable water and the amounts used will be dictated by the city’s water consumption. Actual quantities used will vary, depending upon the 2020 weather. Drier years result in more lawn and garden watering, requiring substantially more chemicals to treat the larger volume of water produced. The quantities of chemicals and the subsequent annual bid values are based only upon estimates of total water production. Staff recommends acceptance of low bid for each of the required chemicals. Attachments • Recommendation of Award • Bid Summary • Contracts 20-6253.1/ Recommendation of Award” RECOMMENDATION OF AWARD EDEN PRAIRIE UTILITIES ANNUAL WATER TREATMENT CHEMICALS 20-6253.1 2020 Water Treatment Chemicals 1 Quicklime Graymont Superior,WI 1-888-638-1714 $191.50/Ton 2 Liquid Ferric Chloride (35% solution) Hawkins, Inc. Minneapolis, MN 612-331-6910 $1.389/Gallon 3 Liquid Chlorine (1 ton shipments) Hawkins, Inc. Minneapolis, MN 612-331-6910 $474.00/Ton 4 Liquid Carbon Dioxide Poet Ethanol Products Scotland, SD 316-303-3871 1-800-550-4070 $300.00/Ton 5 Sodium Polyphosphate Hawkins, Inc. Minneapolis, MN 612-331-6910 $5.03/Gallon 6 Fluorosilicic Acid DPC Rosemount, MN 651-437-1333 $2.28/Gallon Bid Tab for 2020 Water Treatment Chemicals 20-6253.1 Award Summary 2020 *Indicates Low Bid BIDDERS Quicklime Liquid Ferric Chloride Liquid Chlorine 1 ton loads Liquid Carbon Dioxide Sodium Poly-phosphate Fluorosilicic Acid Graymont *$191.50/ Ton Mississippi Lime $308.28/ Ton Carmeuse Lime $400.32/Ton DPC Industries $482.00/ Ton $5.08/Gallon *$2.28/ Gallon Hawkins Chemical *$1.389/Gallon *$474.00/ Ton *$5.03/ Gallon $2.41/ Gallon PVS Technologies $1.58/Gallon Poet *$300/Ton CONTRACT THIS AGREEMENT, made and executed this 3rd day of December, 2019, by and between City of Eden Prairie, hereinafter referred to as the "CITY", and Hawkins Inc.hereinafter referred to as the "SUPPLIER", WITNESSETH: CITY and SUPPLIER, for the consideration hereinafter stated, agree as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Material Specifications prepared by the City of Eden Prairie referred to in Paragraph IV, and as provided by the CITY for: IMPROVEMENT CONTRACT #20-6253.1: 2020 WATER TREATMENT CHEMICALS SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto, which prices conform to those in the accepted SUPPLIER'S proposal on file in the office of the Water Treatment Plant Supervisor. The unit price of $5.03/Gallon for the amount to be determined of Sodium Polyphosphate shall be paid to the supplier. III. Payments to SUPPLIER by CITY shall be made within 30 days after approval of invoice. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Accepted Proposal c. Contract Agreement (2) Detail Specifications (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. SUPPLIER agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Unit bid prices for those items awarded shall remain in effect until December 31, 2020 or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA Its City Mayor And Its City Manager In Presence of: SUPPLIER Firm By: Title And CONTRACT THIS AGREEMENT, made and executed this 3rd day of December, 2019, by and between City of Eden Prairie, hereinafter referred to as the "CITY", and POET hereinafter referred to as the "SUPPLIER", WITNESSETH: CITY and SUPPLIER, for the consideration hereinafter stated, agree as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Material Specifications prepared by the City of Eden Prairie referred to in Paragraph IV, and as provided by the CITY for: IMPROVEMENT CONTRACT #20-6253.1: 2020 WATER TREATMENT CHEMICALS SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto, which prices conform to those in the accepted SUPPLIER'S proposal on file in the office of the Water Treatment Plant Supervisor. The unit price of $300.00/Ton for the amount to be determined of Liquid Carbon Dioxide shall be paid to the supplier. III. Payments to SUPPLIER by CITY shall be made within 30 days after approval of invoice. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Accepted Proposal c. Contract Agreement (2) Detail Specifications (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. SUPPLIER agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Unit bid prices for those items awarded shall remain in effect until December 31, 2020 or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA Its City Mayor And Its City Manager In Presence of: SUPPLIER Firm By: Title And CONTRACT THIS AGREEMENT, made and executed this 3rd day of December, 2019, by and between City of Eden Prairie, hereinafter referred to as the "CITY", and Hawkins INC. hereinafter referred to as the "SUPPLIER", WITNESSETH: CITY and SUPPLIER, for the consideration hereinafter stated, agree as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Material Specifications prepared by the City of Eden Prairie referred to in Paragraph IV, and as provided by the CITY for: IMPROVEMENT CONTRACT #20-6253.1: 2020 WATER TREATMENT CHEMICALS SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto, which prices conform to those in the accepted SUPPLIER'S proposal on file in the office of the Water Treatment Plant Supervisor. The unit price of $474.00/Ton for the amount to be determined of Liquid Chlorine shall be paid to the supplier. III. Payments to SUPPLIER by CITY shall be made within 30 days after approval of invoice. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Accepted Proposal c. Contract Agreement (2) Detail Specifications (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. SUPPLIER agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Unit bid prices for those items awarded shall remain in effect until December 31, 2020 or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA Its City Mayor And Its City Manager In Presence of: SUPPLIER Firm By: Title And CONTRACT THIS AGREEMENT, made and executed this 3rd day of December, 2019, by and between City of Eden Prairie, hereinafter referred to as the "CITY", and Hawkins, Inc. hereinafter referred to as the "SUPPLIER", WITNESSETH: CITY and SUPPLIER, for the consideration hereinafter stated, agree as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Material Specifications prepared by the City of Eden Prairie referred to in Paragraph IV, and as provided by the CITY for: IMPROVEMENT CONTRACT #20-6253.1: 2020 WATER TREATMENT CHEMICALS SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto, which prices conform to those in the accepted SUPPLIER'S proposal on file in the office of the Director of Public Works. The unit price of $1.389/Gallon for the amount to be determined of Liquid Ferric Chloride shall be paid to the supplier. III. Payments to SUPPLIER by CITY shall be made within 30 days after approval of invoice. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Accepted Proposal c. Contract Agreement (2) Detail Specifications (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. SUPPLIER agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Unit bid prices for those items awarded shall remain in effect until December 31, 2020 or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA Its City Mayor And Its City Manager In Presence of: SUPPLIER Firm By: Title And CONTRACT THIS AGREEMENT, made and executed this 3rd day of December, 2019, by and between City of Eden Prairie, hereinafter referred to as the "CITY", and DPC Inc. hereinafter referred to as the "SUPPLIER", WITNESSETH: CITY and SUPPLIER, for the consideration hereinafter stated, agree as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Material Specifications prepared by the City of Eden Prairie referred to in Paragraph IV, and as provided by the CITY for: IMPROVEMENT CONTRACT #20-6253.1: 2020 WATER TREATMENT CHEMICALS SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto, which prices conform to those in the accepted SUPPLIER'S proposal on file in the office of the Water Treatment Plant Supervisor. The unit price of $2.28/Gallon for the amount to be determined of Fluorosilicic Acid shall be paid to the supplier. III. Payments to SUPPLIER by CITY shall be made within 30 days after approval of invoice. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Accepted Proposal c. Contract Agreement (2) Detail Specifications (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. SUPPLIER agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Unit bid prices for those items awarded shall remain in effect until December 31, 2020 or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA Its City Mayor And Its City Manager In Presence of: SUPPLIER Firm By: Title And CONTRACT THIS AGREEMENT, made and executed this 3rd day of December 2019, by and between City of Eden Prairie, hereinafter referred to as the "CITY", and Graymont hereinafter referred to as the "SUPPLIER", WITNESSETH: CITY and SUPPLIER, for the consideration hereinafter stated, agree as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Material Specifications prepared by the City of Eden Prairie referred to in Paragraph IV, and as provided by the CITY for: IMPROVEMENT CONTRACT #20-6253.1: 2020 WATER TREATMENT CHEMICALS SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto, which prices conform to those in the accepted SUPPLIER'S proposal on file in the office of the Water Treatment Plant Supervisor. The unit price of $191.50/Ton for the amount to be determined of Quicklime shall be paid to the supplier. III. Payments to SUPPLIER by CITY shall be made within 30 days after approval of invoice. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Accepted Proposal c. Contract Agreement (2) Detail Specifications (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. SUPPLIER agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Unit bid prices for those items awarded shall remain in effect until December 31, 2020 or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA Its City Mayor And Its City Manager In Presence of: SUPPLIER Firm By: Title And CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 3, 2019 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: #16-5943 Approve Professional Services Agreement Amendment with SRF Consulting Group for Final Road Design Services for the Railroad Quiet Zone Project ITEM NO.: VIII.K. Requested Action Move to: Approve Professional Services Agreement Amendment with SRF Consulting Group for Final Road Design Services for the Railroad Quiet Zone Project Synopsis This Amendment will provide additional final design services for the Roadway Design of the Quiet Zone project. Specifically, additional design efforts were required for the Birch Island Road crossing, which was initially designed with a more significant realignment at the railroad crossing, but after bids were received and rejected for being too high the scope needed to be revised. The long term realignment plan could be implemented in the future as the new railroad signals and crossing arms were installed with additional wiring to allow future relocation. Background Information This roadway design is one part of the overall Quiet Zone project which also includes rail design, rail construction and road construction. All four components make up the budget for the overall federal funding of $1,400,000. Financial Implications The Professional Services Agreement Amendment with SRF is estimated at $24,993 making the total not-to-exceed fee for final design, $115,967. Attachment Professional Services Agreement Amendment CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 3, 2019 DEPARTMENT/DIVISION: Rod Rue Public Works / Engineering ITEM DESCRIPTION: I.C. 13-5844 Approve Special Assessment Agreement with Lots 1 and 2, Block 1, Spring Heights for the Eden Prairie Road Extension to Flying Cloud Drive Improvements ITEM NO.: VIII.L. Requested Action Move to: Approve Special Assessment Agreement with Lots 1 and 2, Block 1, Spring Heights for the Eden Prairie Road Extension to Flying Cloud Drive Street and Utility Improvements Synopsis This agreement is for project costs associated with the Eden Prairie Road Extension to Flying Cloud Drive (CSAH No, 61) Street and Utility Improvements Feasibility Report. The feasibility report described benefitting project costs for Parcels 40 and 41 (29-116-22-44-0021 and 29-116-22-44-0020, respectively). The subject of this Special Assessment Agreement is Parcel 41 or Lot 1, Block 1, Spring Heights. The owners intends to plat and subdivide Lots 1 and 2, Block 1, Spring Heights into a new subdivision named Spring Heights 2nd Addition. The new plat will contain Lot 1, Block 1, and Outlot A, Spring Heights 2nd Addition. Once the new plat is approved and recorded the special assessments will be reapportioned to only Lot 1, Block 1, Spring Heights 2nd Addition. During the approval of the Lion’s Tap site improvements, a Development Agreement was executed with a draft Special Assessment Agreement. This Special Assessment Agreement will replace the draft Special Assessment Agreement contained in the Development Agreement. Typically, these Special Assessment Agreements do not obtain specific city council approval since they are approved with the Development Agreement. However, in this case the Special Assessment Agreement is substantially different than the draft special assessment agreement attached to the Development Agreement. In particular, the special assessment costs for the property’s share of the utility infrastructure and lift station were substantially higher due to actual bid prices and soil/foundation correction issues. In addition, the property owners requested that the Utility Connection Fees, City SAC, and City WAC be included in the Special Assessment Agreement under the negotiated terms of the agreement. Background Information This project is substantially complete and consists of reconstructing Eden Prairie Road from approximately 500 feet south of Frederick Place to Flying Cloud Drive (CSAH No. 61) along a new alignment. Beyond the street and storm water improvements, the project also includes new sanitary sewer, lift station, forcemain, and watermain to serve the Lion’s Tap restaurant site and adjacent residential properties. Hennepin County’s CSAH No. 61 (Flying Cloud Drive) project has constructed additional city sanitary sewer, watermain, and forcemain infrastructure along Flying Cloud Drive. Attachment Agreement Regarding Special Assessments for I.C. 13-5844 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 3, 2019 DEPARTMENT/DIVISION: Patrick Sejkora Public Works / Engineering ITEM DESCRIPTION: I.C. 18830 Award Contract for Pond 05-11-A Dredging Project to Blackstone Contractors, LLC. ITEM NO.: VIII.M. Requested Action Move to: Award contract for the Pond 05-11-A Dredging Project to Blackstone Contractors, LLC. in the amount of $58,197.50. Synopsis Sealed quotes were received on Tuesday November 26, 2019 for this project. Three (3) quotes were received and are summarized below. The low bid in the amount of $58,197.50 was submitted by Blackstone Contractors, LLC. and is approximately 34% below the Engineer’s Estimate. Bid prices were checked for accuracy and balance. Staff recommends awarding the contract for the project to Blackstone Contractors, LLC. in the amount of $58,167.50. Bidder Estimate Blackstone Contractors, LLC $58,197.50 Sunram Construction, Inc. $72,516.00 Minger Construction Co., Inc. $88,131.00 Background Information This project will dredge Pond 05-11-A adjacent to Ginger Drive within the Timber Creek Townhome development. Given the pond receives drainage from both City streets and County Road 62, the dredging is a joint project between the City of Eden Prairie and Hennepin County. Approximately 720 cubic yards of accumulated sediment will be removed from the pond. The removal of the sediment will improve pond performance and enhance the water quality for downstream water resources The project is anticipated to be complete by the spring of 2020. Financial Implications The project will be funded with the Stormwater Utility Fund and will be a 50% cost share with Hennepin County. Attachment Contract FC-1 FORM OF CONTRACT THIS AGREEMENT, made and executed this 3rd day of December 20_19_, by and between City of Eden Prairie hereinafter referred to as the "CITY", and _Blackstone Contractors, LLC hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. # 18813 Pond 05-11-A Dredging CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $_$58,197.50_. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Instruction to Bidders b. Accepted Proposal c. Contract Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) General Conditions (5) Plans (6) Addenda and Supplemental Agreements FC-2 The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MN. By Its City Mayor And Its City Manager CONTRACTOR In Presence Of: By Title And Title CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 3, 2019 DEPARTMENT/DIVISION: Finance Sue Kotchevar ITEM DESCRIPTION: 2019 Donations ITEM NO.: VIII.N. Requested Action Move to: Adopt Resolution accepting various donations and in-kind contributions. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019 - RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The donations to the City and in-kind contributions to the City from various donors is hereby recognized and accepted by the Eden Prairie City Council. Donor Event Amount Alan Olson Veteran's Memorial 300.00$ Amaya Fiock Veteran's Memorial 300.00$ Bonnie Lewis Senior Center Special Events 100.00$ Colony Senior Center Special Events 50.00$ Deloris Fischer Senior Center Special Events 15.00$ Dorothy Kromminga Veteran's Memorial 500.00$ Eden Prairie Crime Fund Safety Camp 1,000.00$ Eden Prairie Crime Fund Police Special Events 2,342.27$ Elim Shores Senior Center Special Events 200.00$ Flying Cloud Animal Hospital Parks and Recreation Special Events 100.00$ Hilltop Church Fire Special Events 200.00$ Anonymous Senior Center Special Events 373.00$ Jannette Johnson Veteran's Memorial 100.00$ Jerry & Roxann Johnson Fire Special Events 500.00$ Karen Hunter Veteran's Memorial 100.00$ Marla Paulsen Veteran's Memorial 20.00$ Nedra Hanken Veteran's Memorial 25.00$ Optimist Club Parks and Recreation Special Events 400.00$ OSR Senior Center Special Events 100.00$ Realty Group Senior Center Special Events 100.00$ Resurrection Life Ministries Fire Special Events 1,000.00$ Southwest Transit Senior Center Special Events 50.00$ The Glenn Minnetonka Senior Center Special Events 100.00$ Victoria Brogan Veteran's Memorial 300.00$ 8,275.27$ Donor Event Bachman's Parks and Recreation Special Events Cub Foods Parks and Recreation Special Events Dynamic Family Chiropractic Parks and Recreation Special Events General Mills Parks and Recreation Special Events Home Depot Parks and Recreation Special Events Johnson Fitness Parks and Recreation Special Events Marshall's Parks and Recreation Special Events Mustard Seed Parks and Recreation Special Events Picha Farms Parks and Recreation Special Events Prairie Bluffs Senior Living Senior Center Special Events PROP Senior Center Special Events In-Kind ADOPTED by the City Council of the City of Eden Prairie this 3rd day of December, 2019. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 3, 2019 DEPARTMENT/DIVISION: Fire Chief Scott Gerber ITEM DESCRIPTION: Approve Agreement to purchase card access equipment from VTI Security and Xtreme Integration for Community Center ITEM NO.: VIII.O. Requested Action Move to: Approve Contract for Goods and Services with VTI and Xtreme Integration for Community Center card access additions. Synopsis The Fire Department handles contracting for a variety of services related to the installation of products for safety and security of City buildings. The Fire Department has been working with the Parks Department, specifically the Community Center staff to enhance building safety and security systems. The Fire Department recommends accepting the quotation from VTI Security in the amount of $60,137.00 for card access. This system is being purchased off of the state contract. Being purchase separately thru administrative authority, the City will subcontract with Xtreme Integration to install new CAT 6 cable to the interior building doors for the amount of $16,289.00. This allows the city to save a 10 percent or greater mark up on the subcontractor. The list of equipment being provided by VTI is identified in its quotation. These door additions to the card access system will help with better security, risk management, increased safety, and loss prevention. Dollars will come from 2019 CIP. Attachments •Quotation from VTI Security-Exhibit A •Contract for Goods and Services •Quotation from Extreme Integration-Exhibit B 2017 06 10 Contract for Goods and Services This Contract (“Contract”) is made on the 3rd day of December, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Videotronix, Incorporated, d.b.a VTI Security Integrators, a Minnesota corporation (hereinafter "Vendor") whose business address is 401 West Travelers Trail, Burnsville, MN 55337. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for door access at the Community Center and associated parts hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by January 15, 2020. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of Sixty Thousand One Hundred Thirty-Seven and 00/100 Dollars ($60,137.00) as full and complete payment for the goods, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated VTI Security to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Standard Purchasing Contract 2017 06 01 Page 2 of 5 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. Standard Purchasing Contract 2017 06 01 Page 3 of 5 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Standard Purchasing Contract 2017 06 01 Page 4 of 5 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the Standard Purchasing Contract 2017 06 01 Page 5 of 5 City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE ___________________________________ Mayor ___________________________________ City Manager VIDEOTRONIX, INCORPORATED, D.B.A VTI SECURITY INTEGRATORS By: ________________________________ Its: _______________________________ QUOTATION: 97105 VideoTronix Incorporated 401 West Travelers Trail Burnsville, MN 55337 Printed on 11/25/2019 Page 1 of 5 BILL TO: JOB LOCATION: COMPANY: City of Eden Prairie - Accts Payable-Senior Ctr COMPANY: City of Eden Prairie - Community Center DATE: November 20, 2019 ADDRESS: 8080 Mitchell Road ADDRESS: 16700 Valley View Road SALES REP: Ralph Michels PHONE: (952)210-7637 EXT Eden Prairie, MN 55344-2203 Eden Prairie, MN 55346-4243 EMAIL: ralph.michels@vtisecurity.com CONTACT: CONTACT: Mark Vandenberghe PHONE: PHONE: (952)949-8368 TITLE: EP Community Center Card Reader Doors 7-17-2018 SCOPE OF WORK: 2019 Community Center Card Reader Door Project. The scope of work is to install a card reader and electric strike/lock on twenty doors in the Community Center. The card reader doors are interior doors and will not have a door contact or RTE motion or RX device. New field panels and lock power supplies will be installed in equipment rooms to support the card readers. The new doors will be placed on the existing City of Eden Prairie Amag system. The Amag system is licensed for 256 card readers. 227 card readers are on the system leaving 29 unused reader licenses. Twenty 20 licenses will be used for this project. VTI will install the card reader and electric strike/lock, terminate cable and program the card readers into the Amag system. The City of Eden Prairie will contract Xtreme to install cable for the card reader doors and to provide conduit/wire mold with a J-box for the doors that are in block wall or have filled frames. On block wall doors Xtreme will install the conduit/wire mold and drill a path to the electric strike pocket. Extreme will pull the reader and lock cable down the conduit and leave it inside the conduit. VTI will drill a cable path from the electric strike pocket to the card reader location on the block wall or door frame. On the glass and aluminum double doors Xtreme will assist with getting the cable pulled into the door frame channels and routed to the panic hardware and card reader locations. Card Reader door Locations and field panel location: The below card reader doors will report to a new field panel and lock power supply located in the Cambria Equipment Room on level 1. 1.Cambria room south double door, (Panic hardware on only one leaf to be electrified).2.Team room 1 Existing electric strike – solenoid replacement. 3.Team room 2 Existing electric strike – solenoid replacement4.Team room 3 Existing electric strike – solenoid replacement5.Team room 4 Existing electric strike – solenoid replacement6.Team room 9 Existing electric strike – solenoid replacement7.Team room 10 Existing electric strike – solenoid replacement8.Team room 11 Existing electric strike – solenoid replacement9.Team room 12 Existing electric strike – solenoid replacement The below card reader doors will report to a new field panel and lock power supply located in the Studio C Equipment Room on level 2. 10. Studio B – Electric Strike. 11.Room 201 North Door - Panic hardware on only one leaf to be electrified. EXHIBIT A QUOTATION: 97105 VideoTronix Incorporated 401 West Travelers Trail Burnsville, MN 55337 Printed on 11/25/2019 Page 2 of 5 12.Room 201 West Door - Panic hardware on only one leaf to be electrified.13. Room 202 – Electric Strike.14. Room 203 – Electric Strike. 15. Room 204 – Electric Strike.16.Team room 5 - Electric Strike.17. Team room 6 – Electric Strike.18.Team room 7 – Electric Strike.19.Team room 8 – Electric Strike.20. EPHS Coach Room – Electric Strike. Equipment room field panels and lock power supplies to be installed for the project: VTI will install the field panel and configure the new Amag panels into the system. City of EP to provide/install 120VAC power and connections for panels and network connections. Cambria Room Level 1 Amag 8 reader panel. Amag 4 reader expansion panel. Lock power supply for 16 doors. Studio C Equipment Room Level 2 Amag 16 reader panel. Lock power supply for 16 doors. City of Eden Prairie to provide/install for the project: 1. Contract Xtreme for cable, conduit/wire mold install.2.Xtreme is to install the cable to the field device where possible.3. Network connection in field panel rooms; Cambridge and Studio C for Amag panels.4.IP addresses for field panels.5. 120VAC power and connections for Amag panels and lock power supplies. Hardwired connections are preferred.6.Data base entry for new card reader doors in Amag system. 7.Assistance with testing of doors.8.Fire relay in field panel rooms (if required).9. Coordination of Xtreme on site. 10. Door closers (if door does not have a closer). QUOTATION: 97105 VideoTronix Incorporated 401 West Travelers Trail Burnsville, MN 55337 Printed on 11/25/2019 Page 3 of 5 PART NUMBER PART DESCRIPTION QTY UNIT PRICE TOTAL PRICE 5365EKP00 Mullion Reader, Black with Pigtail 0.00 $207.39 $0.00 5395CK100 Thin Line II Proximity Reader w/Wiegand Output, Black, Pigtail (18 inches/45.7 cm) 20.00 $213.71 $4,274.20 M2150-8RDR-IPW-PACK M2150 8 Reader Pack, Wiegand, NIC, and Power Supply 1.00 $3,622.83 $3,622.83 G4T-M2150-025 M2150 4DC in CAB3A Enclosure w/ PSU-KIT 1.00 $1,361.79 $1,361.79 WIM4 WIM-4 Wiegand Interface Module for 4 Card Readers 1.00 $194.25 $194.25 MN-TRANS-75-UL Transformer 110V/18VAC, UL Approved 1.00 $191.24 $191.24 M2150-16RDR-IPW- PACK M2150 16 Reader Pack, Wiegand, NIC, and Enclosure 1.00 $6,190.98 $6,190.98 MAXIMAL33D Dual Power Supply/Charger, 12vDC & 24vDC, w/ 2 ACM8CB 2.00 $834.39 $1,668.78 AL600ULACMCB Power Supply, 12/24VDC, 6A, 8 CH ACM, CLASS 2 0.00 $349.16 $0.00 IM-1270 Battery, 12 Volt - 7 Amp Hour 7.00 $17.97 $125.79 MISC-EQUIPMENT Plywood & cable management for field panels 1.00 $230.77 $230.77 Cambria South Door E996L-06-R/V-US26D-RHR Electric Lever Trim, 24vDC, for Rim/Vertical Rod Device, RHR 1.00 $927.69 $927.69 ETH8W4545-626- BB1168 Electric Power Transfer Hinge, **BB1168 Heavy Weigh, 8 Wire, 626 Finish 1.00 $206.25 $206.25 INSTALL Lock & Hinge Install $440.00 INSTALL Cable fish $220.00 Studio B 6210-24V-US32D Electric Strike, Fail Secure, US32D Finish 1.00 $650.93 $650.93 INSTALL E-Strike Install $220.00 INSTALL Cable fish $110.00 Studio Room 201 North & West 958003-00 QEL Conversion Kit, 3ft (Replaces 050745 & 24179244) 2.00 $792.00 $1,584.00 ETH8W4545-626-BB1168 Electric Power Transfer Hinge, **BB1168 Heavy Weigh, 8 Wire, 626 Finish 2.00 $206.25 $412.50 MISC-EQUIPMENT Contingency for doors 201A & B 2.00 $409.84 $819.68 INSTALL QEL & Hinge Install $660.00 INSTALL Cable fish $440.00 Doors 202, 203, 204 6210-24V-US32D Electric Strike, Fail Secure, US32D Finish 3.00 $650.93 $1,952.79 INSTALL Strike install $660.00 INSTALL Cable fish $330.00 Team Rooms 1 - 4 QUOTATION: 97105 VideoTronix Incorporated 401 West Travelers Trail Burnsville, MN 55337 Printed on 11/25/2019 Page 4 of 5 050240 Solenoid, Kit, 6000 Series, 24v 4.00 $113.85 $455.40 INSTALL Installation Labor $440.00 INSTALL Cable fish $660.00 Team Rooms 5 - 8 6210-24V-US32D Electric Strike, Fail Secure, US32D Finish 4.00 $650.93 $2,603.72 INSTALL Strike install $1,320.00 INSTALL cable fish $660.00 Team Room 9 -12 050240 Solenoid, Kit, 6000 Series, 24v 4.00 $113.85 $455.40 7160DC-26D Dummy Mortise Cylinder 26D 1.00 $7.87 $7.87 INSTALL Solenoid install $440.00 INSTALL Cylinder install $165.00 INSTALL Cable Fish $660.00 EPHS Coaches Room 1006CS-630 1006 Strike Kit, w/ Smartpack, J/K/N/A/H/T Options, Satin Stainless Steel 1.00 $462.13 $462.13 45H7D14H626 Storeroom, Mortise Lock, 14 Lever, H Rose, Satin Chrome 1.00 $700.00 $700.00 69-626 Push Plate, Satin Chrome 2.00 $24.72 $49.44 INSTALL Electric Strike install INSTALL Mortise lock & cover plate install INSTALL Cable Fish Install Labor INSTALL Card reader Install INSTALL Lock Termination INSTALL Field Panel installation INSTALL Field panel terminations INSTALL Coordination INSTALL Installation Labor INSTALL Installation Labor INSTALL Programming INSTALL Testing ENGINEER Engineering Labor PROJ MGMT Project Management Labor SHOP-SUPPLIES Miscellaneous Supplies 1.00 $192.31 $192.31 FREIGHT Freight Charges 1.00 $566.67 $566.67 QUOTATION: 97105 VideoTronix Incorporated 401 West Travelers Trail Burnsville, MN 55337 Printed on 11/25/2019 Page 5 of 5 1-YEAR-VTI-WARRANTY 1 yr. Workmanship Line Item 1.00 $0.00 $0.00 EQUIPMENT: $29,340.74 LABOR: $30,230.00 SUBCONTRACTOR: $0.00 FREIGHT: $566.26 SUBTOTAL: $60,137.00 TAX: $0.00 TOTAL: $60,137.00 IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN BUYER:___________________________ (Print Name) BUYER SIGNATURE:___________________________ DATE:_______________________ 2017 06 10 Contract for Goods and Services This Contract (“Contract”) is made on the 3rd day of December, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Xtreme Integration, a Minnesota corporation (hereinafter "Vendor") whose business address is 311 West Railroad Street, Norwood Young America, MN 55368. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for door access at the Community Center and associated parts hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by January 15, 2020. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of Sixteen Thousand two Hundred Eighty-Nine and 00/100 Dollars ($16,289.00) as full and complete payment for the goods, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated Xtreme Integration to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Standard Purchasing Contract 2017 06 01 Page 2 of 5 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. Standard Purchasing Contract 2017 06 01 Page 3 of 5 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Standard Purchasing Contract 2017 06 01 Page 4 of 5 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the Standard Purchasing Contract 2017 06 01 Page 5 of 5 City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE ___________________________________ Mayor ___________________________________ City Manager EXTREME By: ________________________________ Its: _______________________________ 311 West Railroad Street | Norwood Young America, MN 55368 | 952.466.5777 | www.XtremeIntegration.com City of Eden Prairie Community Center Card Access Wiring 16700 Valley View Rd Eden Prairie, MN 55346 PROPOSAL John Johnson 11/26/2019 Quote# Community_Access EXHIBIT A 311 West Railroad Street | Norwood Young America, MN 55368 | 952.466.5777 | www.XtremeIntegration.com To: City of Eden Prairie From: Xtreme Integration, Inc Project Title: Community Center Card Access Wiring General Description Xtreme Integration, Inc will install wiring for access card readers and door strikes. Should the scope and timeline detailed in this Scope of Work require a change due to a customer request, delay or circumstances that are outside of Xtreme Integration, Inc control, then pricing will be adjusted by applying current time and material rates in the form of an Installation Change Order ("ICO") to this contract or via a Move/Add/Change ("MAC") order outside of this contract. Modification to this SOW requires the approval of both the customer and the Xtreme Integration, Inc Project Manager prior to any changes being implemented on-site. Special Considerations Work will be performed during normal business hours (8am-5pm M-F) Installation Labor Details Xtreme Integration, Inc will: 1. Install a 22/6 shielded wire for an access card reader and a 18/2 wire for a door strike to the following locations a. Wiring from Studio A IDF Closet i. Studio B – Gym side Door ii. Room 201 – Door 1 iii. Room 201 – Door 2 iv. Room 202 v. Room 203 vi. Room 204 vii. Rink 1 – Officials Room viii. Rink 2 – Figure Skating Coaches Room ix. Rink 2 – Coaches Room x. Rink 2 – Team Room 5 xi. Rink 2 – Team Room 6 xii. Rink 2 – Team Room 7 xiii. Rink 2 – Team Room 8 xiv. Rink 2 – Officials Room xv. Rink 2 – Skate Room b. Wiring from Cambria IDF Closet i. Rink 3 – Team Room 9 ii. Rink 3 – Team Room 10 iii. Rink 3 – Team Room 11 iv. Rink 3 – Team Room 12 v. Rink 3 – Officials Room vi. Rink 1 – Team Room 1 vii. Rink 1 – Team Room 2 viii. Rink 1 – Team Room 3 ix. Rink 1 – Team Room 4 x. Cambria Room – Café Side Door Materials (7,000’) 22/6 Shielded Wire (7,000’) 18/2 Wire EMT, Boxes, Fittings Miscellaneous Cables, Connectors and Installation Materials 311 West Railroad Street | Norwood Young America, MN 55368 | 952.466.5777 | www.XtremeIntegration.com Xtreme Integration, Inc Responsibilities Conduct work between the hours of 8:00AM and 5:00PM local time Monday through Friday with the intent to do the work. Dispatch technicians equipped to complete any or all of the above quoted work when they arrive onsite. 24/7 break/fix and emergency support is available at 2019 T&M rates. Customer Responsibilities Provide access to the site between the times of 8:00AM and 5:00PM. Provide single point of contact for the Xtreme Integration, Inc project manager for issues resolution. Provide, in advance, notification of any unique requirements, hazardous locations, security precautions, access restrictions or other extraordinary conditions that may exist and which may affect the execution of the project. Provide a resource for access to the site if after hours work is required. Project Assumptions Price does not include shipping or taxes. This quote is good for 30 days from the date listed above. This quote assumes the work will be completed during regular business hours, Monday-Friday, 8am – 5 pm, local site time. This quote does not include parking and toll fees which will be invoiced to the customer at the conclusion of the project if assessed by the technician. If a technician must wait longer than fifteen (15) minutes on site because of a City of Eden Prairie delay; such as, but not limited to: access to the site, access to the equipment or equipment room, City of Eden Prairie customers’ needs and if total time exceeds one hour, Xtreme Integration, Inc will invoice City of Eden Prairie for the delay time in excess of one hour, in fifteen (15) minute increments, at $97 per hour. Cancellations or rescheduling requests by City of Eden Prairie with less than 48 hours notice will be billed to City of Eden Prairie at one (1) hour minimum at $97 per hour, plus a $125 trip charge if the tech has been dispatched (tech is in route). Cancellations with more than 48 hours notice will not incur any charges. Should this Scope of Work change due to City of Eden Prairie requirements or unforeseen field conditions, deletions and/or additions will be addressed using an installation change order “ICO” to reflect the appropriate cost adjustments. The building and work area is assumed to be free from any hazardous materials. Immediate access to the correct building demarc is required. No drilling/coring through firewalls or floors/ceilings. Core drilling will be quoted on a per site basis. Additional work, if required, will be billed on a separate ICO on a time and materials basis based on 2019 Time & Materials rates. Work will not be completed unless written approval is gained from the corporate decision maker. Pricing includes all labor for installation as detailed in the description of this document. The Project Manager for Xtreme Integration, Inc will be the first point of contact for all questions and concerns. All pricing is based on City of Eden Prairie providing clear and accessible working space for installation of all cable. Xtreme Integration, Inc has made every effort to provide City of Eden Prairie with accurate quotes and pricing. However, the accuracy and completeness of all final quotes is dependent upon the information provided to us. Implementation and Delivery Acknowledgment Acceptance The product will be deemed accepted by (5) business days after it's cutover date, unless you notify us in writing within such period of any non-conformities. Upon such notice, we will promptly correct any such non-conformity to the specifications of this statement of work. Cutover of the system marks the commencement of the warranty period. For equipment only agreements, the product will be deemed accepted upon receipt of the delivery to the customer site. Preliminary Project Timeline City of Eden Prairie to provide Xtreme Integration, Inc with a project timeline. Cut-Over Support This proposal does not include an installer to support cabling for first day of service. 311 West Railroad Street | Norwood Young America, MN 55368 | 952.466.5777 | www.XtremeIntegration.com Warranty Xtreme Integration, Inc, LLC will extend a 1 year Workmanship Warranty on all of its installation projects from the date of client acceptance. This extends to our installation techniques, cabling, connectors, structural elements, mountings, equipment rack wiring, internal adjustments, etc. This does not include equipment not manufactured by Xtreme Integration, Inc, LLC. If it is deemed that a warranty call is not a workmanship issue but an equipment failure, user error, tampering with external adjustments, and wiring or anything else not directly related to our workmanship the client will be billed for time and materials based on 2019 Time & Materials rates Notes All cables will be tested to meet or exceed the industry standards. Payment of Invoices Customer shall pay Xtreme Integration, Inc for equipment, materials and services rendered as outlined in each invoice. System Integration Investment Labor $12,442.00 Materials $3,847.00 Tax (Estimate) $0.00 Total System Investment $16,289.00 City of Eden Prairie Acceptance Quote # Community_Access Customer Signature P.O. Number Printed Name Date Sincerely, John Johnson Xtreme Integration, Inc Phone: 763-238-6274 Email: John@XtremeIntegration.com CITY COUNCIL AGENDA SECTION: Public Hearings DATE: December 3, 2019 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Sarah Strain ITEM DESCRIPTION: 11000 Viking Drive Parking Ramp ITEM NO.: IX.A. Requested Action • Close the Public Hearing; and • Adopt a Resolution for Planned Unit Development Concept Review on approximately 16.3 acres • Approve the 1st reading of the Ordinance for Planned Unit Development District Review with waivers on approximately 16.3 acres • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions Synopsis The applicant is requesting to construct a 69,300 square foot, 2.5 story parking ramp at 11000 Viking Drive, outlined in the image below. The purpose of this project is to increase the parking ratio on the site to better comply with current Office District standards and potential new tenant needs. The existing parking ratio on the site is 2.77 stalls per 1,000 square feet. The lower parking ratio than district standards was unique to Lifetouch, who required large, open work spaces for a smaller number of employees due to the nature of their work. The proposed ramp will be 26 feet tall and increase the parking ratio to 3.6 stalls per 1,000 square feet. Proof of parking can be provided by adding a third level to the ramp to provide the 4 stalls per 1,000 square feet required in the Office zoning district. Adding the third level to the ramp will increase the height to 42 feet and bring the site into compliance with district parking standards. There is an existing PUD on the site, approved in 2003. The 2003 PUD Master Plan noted a parking ramp in the approximate location of the proposed parking ramp. Requested Waivers The applicant is requesting three waivers as part of this project. The waivers may be reasonable given the unique nature of this project and property constraints. Following is a list of the waivers being requested: A. Parking Stall and Aisle Dimensions - The applicant is requesting smaller parking stall and aisle dimensions than required by City Code. The Waiver allows for a stall depth four inches shorter than required for stalls perpendicular to the drive aisle. The Waiver also allows for a stall depth about six inches shorter than required and an aisle width about four feet narrower than required for stalls at a 75 degree angle. B. Exterior Building Materials - City Code requires at least 3 (three) contrasting yet complimentary materials or colors/textures to be used in exterior building materials. The Waiver allows for two Class I materials/colors/textures to be used for exterior building materials on the parking ramp accessory structure. C. Accessory Structure Height - The maximum permitted height for accessory structures in any zoning district is 15 feet. The Waiver allows a maximum accessory structure height of 42 feet upon full construction with additional floors added. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the October 28, 2019 meeting. The applicant has revised the plans at the request of staff and the Planning Commission to include two electric vehicle charging stations on the site. A duel port charging station is proposed to be located near the main entrance of the existing office building. Attachments 1. Resolution for PUD Concept 2. Ordinance for PUD with Waivers 3. Staff Report 4. Guide Plan Map 5. Zoning Map 6. Aerial Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF 11000 VIKING DRIVE PARKING RAMP FOR UNITED PROPERTIES WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on October 28, 2019, on 11000 Viking Drive Parking Ramp by United Properties and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on December 3, 2019. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. 11000 Viking Drive Parking Ramp, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated November 21, 2019. 3. That the PUD Concept meets the recommendations of the Planning Commission dated October 28, 2019. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of December, 2019. _______________________ Ronald A. Case, Mayor ATTEST: ______________________________ Kathleen Porta, City Clerk EXHIBIT A PUD Concept Legal Description: Lot 1, Block 1 and Outlot A, Lifetouch 2nd Addition, Hennepin County, Minnesota. 11000 VIKING DRIVE PARKING RAMP CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2019-PUD-_-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Office Zoning District -2019-PUD-_-2019 (hereinafter "PUD-_-2019- ”). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of entered into between United Properties Development, LLC, a Minnesota limited liability company, and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2019- , and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-_-2019- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2019- is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2019- are justified by the design of the development described therein. D. PUD-_-2019- is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended in the Office Zoning District hereafter in the Planned Unit Development PUD-_-2019- and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 3rd day of December, 2019, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ____ day of ________, 2020. ATTEST: __________________________________ ___________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on__________________, 2019. EXHIBIT A PUD Concept Legal Description: Lot 1, Block 1 and Outlot A, Lifetouch 2nd Addition, Hennepin County, Minnesota. STAFF REPORT TO: Planning Commission FROM: Sarah Strain, Planner I DATE: October 23, 2019 SUBJECT: 11000 Viking Drive Parking Ramp LOCATION: 11000 Viking Drive REQUEST: Site Plan Review for 16.3 acres Planned Unit Development Concept Review on 16.3 acres Planned Unit Development District Amendment with Waivers for 16.3 acres 120 DAY REVIEW PERIOD: February 11, 2020 BACKGROUND The applicant is requesting a PUD Concept Review, Site Plan Review, and PUD District Amendment with waivers to construct a 69,300 square foot parking ramp at 11000 Viking Drive. This site is approximately 16.3 acres. The site is located north of Highway 494 on Viking Drive and is on the southern shore of Lake Smetana. The site is bordered by other office land uses and park/open space. The site is outlined in the included aerial image. The proposed parking ramp will replace the existing surface parking at the easternmost portion of the site. The ramp will be 2.5 stories and will be constructed with the potential to add levels as parking demand increases. The proposed maximum height is three (3) stories for parking. There is an existing PUD on the site, granted in 2003. The PUD Master Plan noted a parking ramp in the approximate proposed location as this application. The 2003 PUD also noted the potential for another office building on the site Staff Report – 11000 Viking Drive Parking Ramp October 23, 2019 Page 2 2 as a Phase III development. This building is not proposed as part of this application. Should the applicant wish to develop Phase III, the plans will need to go through site plan review and approvals. In the 2003 PUD site plans, the Phase III office building was proposed to be constructed on top of structured parking in the eastern portion of the lot. Plans submitted as part of this application do not show the future build-out potential of locating office space on top of the parking ramp. Future build-out of the proposed ramp includes an additional level of parking and an elevator and stairwell. The location of the proposed ramp may not allow the Phase III office building to be constructed in the location noted in the 2003 plans. ZONING & GUIDE PLAN The property is currently zoned Office, and the 2040 comprehensive plan guides the property for Office use. There are no proposed zoning or comprehensive plan changes. The proposed parking ramp is intended to bring parking ratios closer in line with current parking ratio standards for office uses. The existing parking ratio on the site is 2.77 stalls per 1,000 square feet. The low parking ratio than district standards was unique to the previous tenant who required large, open work spaces for a smaller number of employees due to the nature of their work. SITE PLAN The proposed parking ramp will be located on the eastern edge of the property. There are no new access points proposed. The eastern most access point off Viking Drive is proposed to be an entrance and exit for the parking ramp. The access directly west of the proposed parking ramp will provide access to both the ramp and the existing surface parking to the west. There are no proposed changes to the other site accesses. The proposed parking ramp complies with district setback standards, meeting the 35 foot front lot line setback and the 10 foot side and rear lot line setbacks required for accessory structures. Staff Report – 11000 Viking Drive Parking Ramp October 23, 2019 Page 3 3 PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. The proposed parking ramp largely complies with City Code and the existing PUD. As part of the PUD process, the applicant is seeking waivers to City Code requirements as outlined below. 1. Parking Stall and Aisle Dimensions The applicant is requesting smaller parking stall and aisle dimensions than required by City Code. The applicant is requesting a stall depth four (4) inches shorter than required for stalls perpendicular to the drive aisle. The applicant is also requesting waivers for angled parking dimensions. Since the parking stall dimensions outlined in the City Code do not include 75 degree parking requirements, the applicant interpolated requirements based on the 70 degree and 80 degree parking requirements. For stalls at a 75 degree angle, the applicant is requesting a stall depth about six (6) inches shorter than required and an aisle width about four (4) feet narrower than required. Engineering staff has some reservations about this proposed narrow dimension, particularly that it is four (4) feet narrower than city requirements. Parking for office uses typically has lower turnover rates than retail or commercial uses. The lower intensity may allow for smaller aisle and stall dimensions. Other parking ramps located in the City of Eden Prairie have smaller stall and aisle dimensions due to lower turnover and to maximize the efficiency of the structure. The layout of the proposed parking ramp is for one directional traffic in the drive aisles, including the narrower 75 degree parking. 2. Exterior Building Materials The applicant is requesting a waiver from the number of building materials used on the façade of the structure. The parking ramp is proposed to be 100% Class I materials, exceeding code requirements. The proposed composition is 75% face brick and 25% cream colored, architectural precast concrete. City Code currently requires at least 3 (three) contrasting yet complimentary materials or colors/textures to be used in exterior building materials. The proposed structure utilizes two (2) materials/colors/textures to avoid drawing more attention to the parking structure than the principle building. City Code Chapter 11 notes that use of brick may be considered in requests for exterior material waivers in the PUD process. Staff Report – 11000 Viking Drive Parking Ramp October 23, 2019 Page 4 4 3. Accessory Structure Height The applicant is requesting a waiver from the maximum height for accessory structures. The maximum permitted height for accessory structures in any zoning district is 15 feet. The proposed parking ramp will be 26 feet with the potential to build up to 42 feet for proof of parking and the future elevator and stairwell. The PUD granted in 2003 granted a waiver for a maximum building height for the office building of 65 feet. PARKING The purpose of this proposal is to increase the parking ratio on the site to better meet current parking standards for the Office zoning district. Buildings 150,000 square feet or more in the Office zoning district are required to have 4 stalls per 1,000 square feet; the gross square footage of the existing office building is 260,361 square feet, requiring the site to have 1,042 stalls. The site currently has 18 handicapped stalls, 659 regular parking stalls, and 36 underground parking stalls, including 1 handicapped space, for a total of 723 parking stalls. This creates a parking ratio of approximately 2.8 stalls per 1,000 square feet. The proposed ramp will increase the ratio to approximately 3.6 stalls per 1,000 square feet. The proposed plan will remove 246 existing surface parking stalls and will add 460 stalls for a gain of 214 stalls. This will increase the number of spaces on the site to 937 and increase the parking ratio to 3.6 stalls per 1,000 square feet, meeting 90 percent of the total parking requirement for the site. Proof of parking, which can be provided by building the third level of the parking ramp, will offer the required ratio of 4 stalls per 1,000 square feet. Accessible parking spaces will be provided according to State Building Code. The applicant notes that electric charging stations will be installed in desirable stall locations. However, the number of stations is not provided, as they are proposing to install stations to meet tenant demand. Staff recommends the installation of two charging station as a condition of approval to be installed prior to certificate of occupancy; additional charging stations may be provided to meet tenant demand. LANDSCAPING AND TREE REPLACEMENT The original PUD approved in 2003 included a landscape plan. The proposed plan will replace all significant trees lost at a 1:1 ratio to maintain compliance with the approved landscape plan. In general, the proposed plantings match the approved landscape plan. Wetlands shrubs are being proposed along the northeast corner of the ramp as buffer restoration between the proposed ramp and Lake Smetana. In the existing surface parking lot east of the office building, there are parking islands on the ends of the aisles with few of them being planted. There are long rows of parking without parking islands, Staff Report – 11000 Viking Drive Parking Ramp October 23, 2019 Page 5 5 which is not compliant with City Code. The applicant is proposing to install two (2) new parking islands where none currently exist to break-up the expanse of parking and bring the site closer into compliance with City Code. Both new and existing parking islands near the proposed parking ramp will be planted. This area is anticipated to be disturbed by the proposed project, warranting the improvements to comply with parking island landscaping requirements. The surface parking lot in front of the existing office building largely complies with existing parking standards and is not proposed to be modified as part of this project. SIDEWALKS AND TRAILS The previous developer’s agreement required the conveyance of a 5 foot sidewalk easement along the property line. This easement has not yet been conveyed. The easement documentation and legal description will be prepared and executed prior to the issuance of a building permit for the parking ramp. A 5 foot wide concrete sidewalk will be constructed by the City along Viking Drive from Prairie Center Drive to Washington Avenue in the future. The timeline for the construction of this sidewalk by the City has yet to be determined. A new sidewalk is also proposed internal to the site between the proposed parking ramp and the existing office building, shown at left. A crosswalk will also be installed across the access to the existing building’s underground parking. Both the sidewalk and the crosswalk with be concrete to match existing materials in the parking lot. GRADING AND DRAINAGE Grading on the site will largely be limited to the perimeter of the proposed parking garage to transition between the existing sidewalk and building grades. There are notable grade changes along the northern and eastern property lines. During construction, a small portion of the eastern slope will be impacted. The area will be restored in-kind with no increase to the area of the overall embankment upon completion of the project. Proposed stormwater management meets the requirements of the City and the Nine Mile Creek watershed district. The applicant is proposing to collect stormwater in a new underground storage system, where water will collect and infiltrate into the ground or overflow into the existing stormwater ponds to the northeast. This infiltration structure is intended to reduce the rate of runoff onsite. Staff Report – 11000 Viking Drive Parking Ramp October 23, 2019 Page 6 6 As proposed, the underground stormwater management system is located underneath or within the parking ramp. City staff recognizes that space onsite is limited to accommodate stormwater management. However, the proposed location of the system may provide significant challenges if major maintenance of the system is necessary. Access for maintenance vehicles, including trucks and equipment to perform the maintenance of the system, may be challenging as well as the disruptive with a temporary loss of parking stalls while the maintenance is performed. The most desirable location of the underground system would be outside of the parking ramp structure. If the underground stormwater management system is located underneath or within the parking ramp, City staff recommends that all routine maintenance as outlined in the Operations and Maintenance Plan is followed rigorously to minimize major maintenance needs and extend the life of the system. WETLANDS Three (3) wetlands were identified on or adjacent to the site during a recent wetland delineation. As a property on the shores of Lake Smetana, structures on the site are required to be setback 200 feet from the Ordinary High Water Level. The PUD approved for the site in 2003 granted a waiver for this setback, reducing the required setback to 100 feet for this site. The proposed parking ramp is setback approximately 150 feet from the Ordinary High Water Level, exceeding the PUD requirements. There are existing conservation easements on the site. However, these easements need to be amended to include the entirety of wetlands and wetland buffers. The applicant is working with city staff to record those easements prior to the issuance of a building permit. The proposed easement boundaries are included in the submitted plans. LIGHTING The top level will be lit by pole mounted LED light fixtures. Lower levels of the ramp will have ceiling mounted LED fixtures. Existing surface parking light fixtures throughout the site will be upgraded to LED lamps as part of this proposal to provide a consistent color of light throughout the site. Wall mounted lights are proposed over the driveway entrances/exits and the stairwells. The proposed lighting plan complies with city requirements for maximum footcandles at the property line. Lighting will be required to be cut off and downcast. The Development Agreement will include these requirements. SIGNS The only signs proposed as part of this application are internal directional signs. “Enter” and “Exit Only” signs above the entrance/exit driveways are under consideration but are not proposed at this time. Any signage will be required to comply with sign standards in the Office zoning district and will be reviewed administratively at time of installation. Staff Report – 11000 Viking Drive Parking Ramp October 23, 2019 Page 7 7 UTILITIES The existing fire hydrant on Viking Drive located between the two access drives will be relocated and extended into the site. The salvaged hydrant will be relocated in the parking island north of the entrance/exit of the parking ramp. STAFF RECOMMENDATION Staff recommends approval of the following request: Site Plan Review on 16.3 acres PUD Concept Review on 16.3 acres PUD District Amendment with waivers for 16.3 acres This recommendation is based on the plans stamped dated October 11, 2019, staff report dated October 23, 2019 and the following conditions: 1. Prior to the 1st reading before the City Council, the applicant shall: A. Update the plans to include two (2) electric vehicle charging stations. 2. Prior to land alteration permit issuance, the applicant shall: A. Submit detailed storm water runoff, wetland, utility, street and erosion control plans for review and approval by the City Engineer. B. Submit a tree replacement letter of credit or escrow surety equivalent to 150% of the cost of the tree replacement. C. Obtain and provide documentation of Watershed District approval. D. Notify the City and Watershed District 48 hours in advance of grading. E. Install erosion control at the grading limits of the property for review and approval by the City. 3. Prior to building permit issuance for the property, the applicant shall: A. Developer shall receive the Traffic Engineer’s approval of a Traffic Demand Management (TDM) plan. The developer shall implement the TDM at the site to reduce traffic congestion. B. Developer shall furnish to the Traffic Engineer and receive the Traffic Engineer’s approval of a TDM performance bond, cash escrow, letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 100% of the cost of implementing the start‐up and first two (2) years of the TDM Plan. C. The documentation, legal description, and execution of the sidewalk easement. D. The documentation, legal description, and execution of the conservation easement amendment. Staff Report – 11000 Viking Drive Parking Ramp October 23, 2019 Page 8 8 4. The following waivers have been granted through the PUD District Review for the project as indicated in the plans stamp dated October 11, 2019. A. Parking Stall and Aisle Dimensions - The applicant is requesting smaller parking stall and aisle dimensions than required by City Code. The Waiver allows for a stall depth four (4) inches shorter than required for stalls perpendicular to the drive aisle. The Waiver also allows for a stall depth about six (6) inches shorter than required and an aisle width about four (4) feet narrower than required for stalls at a 75 degree angle. B. Exterior Building Materials - City Code requires at least 3 (three) contrasting yet complimentary materials or colors/textures to be used in exterior building materials. The Waiver allows for two (2) Class I materials/colors/textures to be used for exterior building materials on the parking ramp accessory structure. C. Accessory Structure Height - The maximum permitted height for accessory structures in any zoning district is 15 feet. The Waiver allows a maximum accessory structure height of 42 feet. 5. All signage shall require review and approval of a sign permit and shall comply with Section 11.70. DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness of the information contained in this map. It is your responsibility to verify the accuracy of this information. In no event will The City of Eden Prairie be liable for any damages, including loss of business, lost profits, business interruption, loss of business information or other pecuniary loss that might arise from the use of this map or the information it contains. Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be reported to The City of Eden Prairie. Map was updated/created: October 1, 2019 Guide Plan Map: 11000 Viking Drive Parking Ramp Address: 11000 Viking Drive, Eden Prairie, MN 55344 City of Eden Prairie Land Use Guide Plan Map 2010-2040 N SITE NE Lake Smetana Anderson Lake NW §¨¦494 §¨¦494 W 78TH STPRAIRIE CENTER DRVIKING DR SMET A N A L N City of Eden Prairie Zoning Map In case of discrepency related to a zoning classification on this zoning map, the Ordinanceand attached legal description on file at Eden Prairie City Center will prevail. ¯ Shoreland Management Classifications 100 - Year Floodplain Natural Environment Waters Recreational Development Waters General Development Waters (Creeks Only)GD NE RD Up dated through approved Ordinances #26-2008 Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Date: March 1, 2009 0 0.150.075 Miles DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008 Zoning Map: 11000 Viking Drive Parking RampAddress: 11000 Viking Drive Eden Prairie, MN 55344 Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Office Neighborhood Commercial Community Commercial Highway Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Golf Course Water Right of Way SITE ¯ Aerial Map: 11000 Viking Drive Parking Ramp Address: 11000 Viking DriveEden Prairie, MN 55344 0 410 820205 Feet SITE Lake Smetana CITY COUNCIL AGENDA SECTION: Public Hearings DATE: December 3, 2019 DEPARTMENT/DIVISION: Office of the City Manager/ Finance, Sue Kotchevar ITEM DESCRIPTION: Fee Schedule Ordinance – First Reading and Second Reading ITEM NO.: IX.B. Requested Action Move to: • Close the Public Hearing; and • Approve first and second readings of the Ordinance Updating the Fee Schedule for Administration of Official Controls and adopt resolution approving the Summary for Publication. Synopsis This Ordinance establishes a fee schedule for the City’s costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. Background Information Minnesota Statute allows a municipality to prescribe fees sufficient to defray the costs incurred by it in reviewing, investigating, and administering an application for an amendment to an Official Control or other approval required under an Official Control. Minnesota Statute defines an “Official Control” as ordinances or regulations which control the physical development of a city and implement the general objectives of the comprehensive plan. Official Controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Attachments Ordinance Report of Changes Summary Ordinance Resolution for Summary Publication CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ____-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REVISING THE TITLE PAGE OF CHAPTER 25 AND ESTABLISHING A FEE PRESCRIBED FOR REVIEW, INVESTIGATION AND ADMINISTRATION OF AN APPLICATION FOR AN OFFICIAL CONTROL PURSUANT TO MINN. STAT. § 462.351 TO 462.364, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 25 is amended by replacing in its entirety the “Fee Schedule for Administration of Official Controls” with the 2020 fee schedule set forth below. The following fees are prescribed for the review, investigation and administration of an application for an amendment to an official control established pursuant to Minnesota Statute Sections 462.351 to 462.364 or an application for a permit or other approval required under an official control established pursuant to those sections: SERVICE FEE DESCRIPTION BUILDING INSPECTIONS Building Permit – Valuation $1 to $500 $40.00 $501 to $2,000 $40.00 1st $500 plus $4.35 each add'l $100 or fraction thereof, to & including $2,000 $2,001 to $25,000 $105.25 1st $2,000 plus $19.75 each add’l $1,000 or fraction thereof, to & including $25,000 $25,001 to $50,000 $559.50 1st $25,000 plus $14.50 each add’l $1,000 or fraction thereof, to & including $50,000 $50,001 to $100,000 $922.00 1st $50,000 plus $10.10 each add’l $1,000 or fraction thereof, to & including $100,000 $100,001 to $500,000 $1,427.00 1st $100,000 plus $8.10 each add’l $1,000 or fraction thereof, to & including $500,000 $500,001 to $1,000,000 $4,667.00 1st $500,000 plus $6.70 each add’l $1,000 or fraction thereof, to & including $1,000,000 $1,000,001 & up $8,017.00 1st $1,000,000 plus $5.40 each add’l $1,000 or fraction thereof Building Permit Other Inspections & Fees Plan checking 65% of the building permit fee 2 SERVICE FEE DESCRIPTION Reinspection $50.00 Per hour Investigation Fee – work started w/o a permit Equal to amount of permit fee Demolishing or Razing Buildings – Commercial Building $100.00 Demolishing or Razing Buildings - House $100.00 Demolishing or Razing Buildings - Garage $50.00 Demolishing or Razing Buildings – Accessory Building $50.00 Demolishing or Razing Buildings - Interior Demo $50.00 Demolishing or Razing Buildings – Exterior Demo $50.00 Cash Park Fee Single Family Unit $6,500.00 Per unit All other residential $5,500.00 Per unit Office, Commercial, Industrial $11,500.00 Per acre Fire Code Appeal Fire Code Appeal $320.00 CONDITIONAL USE PERMITS Conditional Use Permit Fees Historic Properties $570.00 Wireless Support Structures $570.00 DEVELOPMENT Community Development Deposit 0 to 40 Acres $4,800.00 A development deposit agreement is required for planned unit developments, planned unit development amendments, rezoning, platting, site plan review, guide plan changes, development deposit amendments, conditional use permits, and environmental assessment worksheets 41 to 80 acres $5,000.00 81+ acres $5,700.00 Guide Plan Charge $850.00 Plus $5.00 per acre Planned Unit Development (P.U.D) Fee $910.00 Plus $5.00 per acre 3 SERVICE FEE DESCRIPTION Planned Unit Development Amendment $910.00 Plus $5.00 per acre Platting Residential-0 to 10 units $580.00 Plus $5.00 per unit Residential-11 or more $690.00 Plus $5.00 per unit Commercial, Industrial, Office, Public-0 to 3 acres $580.00 Plus $25.00 per acre Commercial, Industrial, Office, Public-3.1 or more acres $690.00 Plus $25.00 per acre Minor Subdivision $390.00 Administration Subdivision $130.00 Lot Line Adjustment $130.00 Site Plan Review Administrative $420.00 Site Plan Review (City Council) Multi-Family-0 to 10 units $580.00 Plus $5.00 per unit Multi-Family-11 or more units $680.00 Plus $5.00 per unit Commercial, Industrial, Office, Public-0 to 3 acres $580.00 Plus $25.00 per acre Commercial, Industrial, Office, Public-3.1 or more acres $680.00 Plus $25.00 per acre Development Agreement Amendment Development Agreement Amendment $520.00 Tree Replacement Tree Replacement Fee $125.00 per caliper inch ZONING AMENDMENTS, VARIANCES and APPEALS Zoning Amendment $350.00 Commercial, Industrial, Office, Public 0-3 acres $580.00 Plus $25.00 per acre 3.1 or more acres $700.00 Plus $25.00 per acre Residential 0-10 units $580.00 Plus $5.00 per unit 11 or more units $700.00 Plus $5.00 per unit Variances and Appeals Variances Residential $450.00 Includes residential zoned properties for new construction, building additions, decks, porches, garages, accessory structures and variances from all chapters of the City Code 4 SERVICE FEE DESCRIPTION Variances Other $690.00 Includes variances associated with properties zoned office, industrial, commercial and residential Zoning Appeals $325.00 ZONING VERIFICATION Zoning Letter Preparation Zoning Letter Preparation Fee $50.00 ZONING-TELECOMMUNICATIONS Commercial Wireless Communications towers and/or antennas Administrative $580.00 Towers and/or antennas meeting code located on private property Letter of Intent $4,800.00 Deposit Deposit for towers and/or antennas on City property Letter of Intent $8,750.00 Deposit for legal/consultant costs Additional funds may be required if the balance in the deposit account is inadequate to pay for all of the fees and costs incurred by the City Variances required for tower and/or antennas See Development Fees Site Plan Review required for tower and/or antennas See Development Fees ENGINEERING Excavation & Grading – Grading Permit Fee / Plan Review Fee 101 to 500 cubic yards $145.00 501 to 1,000 cubic yard $350.00 1,001 to 10,000 cubic yards $640.00 10,001 to 100,000 cubic yards $1,300.00 100,001 or more $2,600.00 *The following fees are the total hourly cost to the jurisdiction. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. Additional plan review fees $115.00* Minimum charge is one half hour, required by changes, additions or revisions to approve plans Reinspection fee $115.00* Minimum charge is one half hour, required by changes, additions or revisions to approve plans Public Right-of Way or Easement Vacation and Amendments Application and Processing Fee: 1 to 3 parcels $725.00 Per transaction / for vacating, amending the City’s interest in real property, including right-of-way and easements (for consultation, review, notice mailing, publication of notice and recording) 5 SERVICE FEE DESCRIPTION Application and Processing Fee: 4 or more parcels $1,150.00 Per transaction / for vacating, amending the City’s interest in real property, including right-of-way and easements (for consultation, review, notice mailing, publication of notice and recording) Signs Up to 30 sq ft in size $95.00 31 sq ft through 50 sq ft in size $115.00 51 sq ft through 80 sq ft in size $140.00 81 sq ft or over $175.00 Charge for returning picked up signs $35.00 ** The surface of double or multi-forced signs shall be combined for the purpose of determining the amount of the fee. Engineering Land Development Services, including Plan Review, Contract Administration, and Inspection Review 5% multiplied by the total construction cost Not applicable to projects built by city through special assessment. Costs include public infrastructure improvements (excluding grading costs), subject to approval by City Engineer payable prior to start-up. Final Plat Residential $100.00 Per unit / Minimum $400.00 plus cost of review by special assessment. Commercial, Industrial, Office and Public $250.00 Per acre / Minimum $400.00 LGU Review Min. Payment is $230. Plus cost of review by special consultants necessary as determined by the City Manager. The deposit, or a portion thereof, will be refunded after final City Council action on the Development Application if the total sum deposited is greater than the administrative review cost or if no City Council action is required the deposit will $115.00 per hour 6 SERVICE FEE DESCRIPTION be refunded after all site review and monitoring activities are complete. All costs incurred by the City or their consultant that exceed the cash deposit balance will be billed to the applicant. LGU Deposit-Plan Review An LGU deposit agreement is required for wetland alteration, wetland replacement, wetland restoration and/or wetland bank plan reviews $5,000.00 LGU Deposit – Site Review Single Family Residential $220.00 An LGU deposit agreement is required for review of wetland delineations or wetland determinations on single family residential properties. Site Review or Development Review $1,800.00 An LGU deposit agreement is required for site review and/or wetland delineation review. Floodplain Application for FEMA Letter of Map Amendment (LOMA) using LiDAR Elevation Data $75.00 Application for FEMA Letter of Map Amendment Out as Shown (LOMA-OAS) $50.00 FEMA Parcel Map with Base Flood Elevation and Lowest Adjacent Grades no cost Environmental Assessment Worksheet Environmental Assessment Worksheet (E.A.W.) $600.00 Plus $10/acre Shoreland Management Ordinance Permits Temporary structure in public waters $130.00 Change in structure in public waters $130.00 7 SERVICE FEE DESCRIPTION Multiple dock or dock excess of 75’ $130.00 Section 2. Ordinance No. 23-2018 is repealed effective January 1, 2020. Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” is hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 4. This Ordinance shall become effective January 1, 2020 for calendar year 2020. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 3rd day of December, 2019, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 3rd day of December, 2019. ATTEST: ____________________________ ______________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on December __, 2019. ITEM - ACTIVITY DESCRIPTION 2019 2020 % change '19 to '20 CONDITIONAL USE PERMITS Conditional Use Permit Fees Historic Properties 560$ 570$ 2% Wireless Support Structures 560$ 570$ 2% DEVELOPMENT Community Development Deposit 0 to 40 acres 4,700$ 4,800$ 2% 41 to 80 acres 4,900$ 5,000$ 2% 81 + acres 5,600$ 5,700$ 2% Guide Plan Charge Guide Plan Charge Plus $5.00 per acre 830$ 850$ 2% Planned Unit Development (P.U.D.) Fee Planned Unit Dev. (P.U.D.) Fee Plus $5.00 per acre 890$ 910$ 2% Planned Unit Development Amendment Planned Unit Dev. Amendment Plus $5.00 per acre 890$ 910$ 2% Platting Residential - 0 to 10 units Plus $5.00 per unit 570$ 580$ 2% Residential - 11 or more units Plus $5.00 per unit 680$ 690$ 1% Commercial, Industrial, Office, Public 0 to 3 acres -- Plus $25.00 per acre 570$ 580$ 2% Commercial, Industrial, Office, Public 3.1 or more acres -- Plus $25.00 per acre 680$ 690$ 1% Minor Subdivision 385$ 390$ 1% Administrative Subdivision/Combination 125$ 130$ 4% Lot Line Adjustment 125$ 130$ 4% Site Plan Review Administrative 410$ 420$ 2% Site Plan Review (Plannng Commission and/or City Council) Multi-Family - 0 to 10 units Plus $5.00 per unit 570$ 580$ 2% Multi-Family - 11 or more units Plus $5.00 per unit 670$ 680$ 1% Commercial, Industrial, Office, Public 0 to 3 acres -- Plus $25.00 per acre 570$ 580$ 2% Commercial, Industrial, Office, Public 3.1 or more acres -- Plus $25.00 per acre 670$ 680$ 1% Development Agreement Amendment Development Agreement Amendment 510$ 520$ 2% Tree Replacement Tree Replacement fee $125 per Caliper Inch varies $125/inch ZONING AMENDMENTS, VARIANCES AND APPEALS Zoning Amendment 340$ 350$ 3% Commercial, Industrial, Office, Public 0-3 acres Plus $25.00 per acre 570$ 580$ 2% 3.1 or more acres Plus $25.00 per acre 690$ 700$ 1% Residential 0-10 units Plus $5.00 per unit 570$ 580$ 2% 11 or more units Plus $5.00 per unit 690$ 700$ 1% Variances and Appeals Variances Residential 440$ 450$ 2% Variances Other Includes variances associated with properties zoned office, ind., comm. and residential 680$ 690$ 1% Zoning Appeals 320$ 325$ 2% ZONING - TELECOMMUNICATIONS Commercial Wireless Communications towers and/or antennas Administrative Towers and/or antennas meeting code located on private property 570$ 580$ 2% Letter of Intent Deposit for towers and/or antennas on City property 4,700$ 4,800$ 2% Letter of Intent 8,600$ 8,750$ 2% Variances required for tower and/or antennas. See Development Fees Site Plan Review required for tower and/or antennas. See Development Fees Includes residential zoned properties for new construction, building additions, decks, porches, garages, accessory structures and variances from all chapters of the City Code Deposit for legal/consultant costs - additional funds may be required if the balance in the deposit account is inadequate to pay for all of the fees and costs incurred by the City. A development deposit agreement is required for planned unit developments, planned unit development amendments, rezoning, platting, site plan review, guide plan changes, development agreement amendments, conditional use permits, and environmental assessment worksheets. Community Development Fees & Charges City of Eden Prairie 2019-2020 Changes City Ordinances ITEM - ACTIVITY DESCRIPTION 2019 2020 % change '19 to '20 ENGINEERING Excavation & Grading - Grading Permit Fee / Plan Review Fee 101 to 500 cubic yards 140$ 145$ 4% 501 to 1000 cubic yards 340$ 350$ 3% 1,001 to 10,000 cubic yards 620$ 640$ 3% 10,001 to 100,000 cubic yards 1,250$ 1,300$ 4% 100,001 or more 2,500$ 2,600$ 4% **The following fees are the total hourly cost to the jurisdiction. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. Additional plan review fees Minimum charge is one half hour, required by changes, 110$ 115$ 5% additions or revisions to approve plans Reinspection fee Minimum charge is one half hour, required by changes, 110$ 115$ 5% additions or revisions to approve plans Public Right-of-Way and Easement Vacations/Amendments Application and Processing Fee 1 to 3 parcels 700$ 725$ 4% 4 or more parcels 1,100$ 1,150$ 5% Signs Up to 30 square feet in size 90$ 95$ 6% 31 square feet through 50 square feet in size 110$ 115$ 5% 51 square feet through 80 square feet in size 135$ 140$ 4% 81 square feet or over 170$ 175$ 3% Charge for returning picked up signs 30$ 35$ 17% **The surface of double or multi-forced signs shall be combined for the purpose of determining the amount of the fee. Final Plat Review Residential 80$ 100$ 25% Commercial, Industrial, Office, etc.Per acre / Minimum $400.00 200$ 250$ 25% LGU Review 110$ 115$ 5% LGU Deposit - Site Review Single Family Residential An LGU deposit agreement is required for review of wetland delineations or wetland 200$ 220$ 10% determinations on single family residential properties. Site Review or Development Review An LGU deposit agreement is required for site review and/or wetland 1,600$ 1,800$ 13% delineation review. Environmental Assessment Worksheet Environmental Assessment Worksheet (E.A.W.) plus $10/acre 550$ 600$ 9% Shoreland Management Ordinance Permits Temporary structure in public waters 125$ 130$ 4% Change in structure in public waters 125$ 130$ 4% Multiple dock or dock excess of 75'125$ 130$ 4% Engineering Fees & Charges City Ordinances City of Eden Prairie 2019-2020 Changes Fee is per hour. Min. Payment is $230. Plus cost of review by special consultants necessary as determined by the City Manager. The deposit , or a portion thereof, will be refunded after final City Council action on the Development Application if the total sum deposited is greater than the administrative review cost or if no City Council action is required the deposit will be refunded after all site review and monitoring activities are complete. All costs incurred by the City or their consultant that exceed the cash deposit balance will be billed to the applicant. Per transaction / for vacating, adjusting, or amending the City's interest in real property, including right-of-way and easements (for items such as, but not limited to, attorney's fees, consultation, review, notice mailing, publication of notice, and recording) Per unit / Minimum $400 plus cost of review by special assessment. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE __-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CHAPTER 25 BY ADOPTING THE 2020 “FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS”, REPEALING ORDINANCE NO. 23 -2018, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 25 of the City Code by replacing in its entirety the “Fee Schedule for Administration of Official Controls” for the City’s costs in administering Official Controls. As defined by Minnesota Statute, Official Controls may include zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Effective Date: This Ordinance shall take effect January 1, 2020. ATTEST: ____________________________ ______________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on December __, 2019. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-__ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. __-2019 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. __-2019 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 3rd day of December, 2019. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. __-2019 is lengthy and contains charts. B. The text of summary of Ordinance No. __-2019, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance __-2019 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. ADOPTED by the City Council on December 3, 2019. ___________________________ Ronald A. Case, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Public Hearings DATE: December 3, 2019 DEPARTMENT/DIVISION: Office of the City Manager/ Finance, Sue Kotchevar ITEM DESCRIPTION: Adopt the 2020 Fee Resolution ITEM NO.: IX.C. Requested Action Move to: • Close the Public Hearing; and • Adopt the 2020 Fee resolution Synopsis This Resolution updates the fee schedule for the City’s services not covered by ordinance. Attachments • Resolution • Report of Changes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NUMBER NO. 2019-___ A resolution regulating fees and charges for business licenses, permits and municipal services. The City Council of the City of Eden Prairie resolves as follows: Page Parks and Recreation Community Center Membership ............................................................................................................................ 3 Community Center Open Activities and PlayCare ......................................................................................... 4 Community Center Group Rates, Equipment Rental, and Advertising ................................................ 5 Community Center Rental ......................................................................................................................................... 6 Parks and Recreation Rental .................................................................................................................................... 8 Parks and Recreation ................................................................................................................................................... 9 Cemetery .......................................................................................................................................................................... 10 Community Development Assessing ......................................................................................................................................................................... 12 Tax Increment Financing ......................................................................................................................................... 13 Public Works Engineering .................................................................................................................................................................... 15 Utilities.............................................................................................................................................................................. 17 Police Police ................................................................................................................................................................................. 20 Business Licenses and Fees .................................................................................................................................... 21 Fire Fire Department ........................................................................................................................................................... 24 Building Inspection ..................................................................................................................................................... 25 Office of the City Manager Administrative .............................................................................................................................................................. 28 Finance.............................................................................................................................................................................. 29 Facilities Equipment and Room Rental ............................................................................................................ 30 Attachment A – Miscellaneous Fire Fees ........................................................................................................... 31 Attachment B – Priority Rental Classifications ............................................................................................... 35 Fees not stated in this Resolution may be set by the City Manager. All Resolutions of the City of Eden Prairie, Minnesota, relating to fees heretofore adopted are hereby repealed. ADOPTED by the City Council of Eden Prairie this 3rd day of December, 2019, to be effective the 1st day of January, 2020. _______________________________ Ron Case, Mayor ATTEST: _____________________________ Kathleen Porta, City Clerk City of Eden Prairie, Minnesota Fees December 2019 2020 1 Parks and Recreation 2020 Fees 2 ITEM - ACTIVITY DESCRIPTION 2020 COMMUNITY CENTER MEMBERSHIP Daily Full Use Pass (includes open gym, open skate, open swim, group fitness, fitness, and racquetball) Must be age 15 and up to use Fitness Center (12 - 14 with adult supervision) Members free Individual - Resident or Non Resident, Youth or Adult daily + tax 10$ Monthly Resident Membership Rates A resident either lives or works in Eden Prairie. 10% discount on upfront purchase of 12 month membership Month to month automatic debit payment required unless a payment for 12 months is rendered in full at time of purchase. Debits occur on 1st-3rd of every month. 1. Includes full use of fitness facility including a complimentary equipment orientation 2. Includes group fitness classes (except specialty fitness classes such as Yoga and Pilates) 3. Includes use of racquetball courts 4. Includes free open gym, skate and swim Youth (18 and under)Any child 18 years of age or younger monthly + tax 39.00$ Adult (19 and over)Individual age 19 or older monthly + tax 48.00$ Dual Any 2 adults or 1 adult/1 youth residing at same address monthly + tax 82.00$ Dual Plus One Any 2 adults plus 1 youth OR 1 adult and 2 youths residing at same address monthly + tax 97.00$ Household Any 2 adults and up to 4 youth residing at same address.monthly + tax 110.00$ Senior (62 and older)Any individual 62 years of age or older.monthly + tax 40.00$ Senior Dual Any 1 senior and 1 additional member (55 or older) residing at same address monthly + tax 65.00$ Monthly Non Resident Membership Rates Youth (18 and under)Monthly rate plus applicable taxes monthly + tax 55.00$ Adult (19 and over)Monthly rate plus applicable taxes monthly + tax 56.00$ Dual Monthly rate plus applicable taxes monthly + tax 96.00$ Dual Plus One Monthly rate plus applicable taxes monthly + tax 113.00$ Household Monthly rate plus applicable taxes monthly + tax 131.00$ Senior (62 and older)Monthly rate plus applicable taxes monthly + tax 56.00$ Senior Dual Monthly rate plus applicable taxes monthly + tax 96.00$ Seasonal Short-term Membership Rates Administrative Fee is waived. Applicable taxes apply One Month (Winter Break)30 consecutive days 55.00$ Three Months (Summer)3 consecutive months 142.00$ Four Months (Summer)4 consecutive months 189.00$ Short-term Membership Rate One Month Administrative Fee is included/offered year round 84.00$ Membership Administrative Fee Membership Admin. Fee Fee to administer a new membership 29.00$ Membership Change Fee Membership Change Fee Fee to make changes to an account 10.00$ Suspension Fee Monthly Suspension Fee Available for up to 4 months per 12 month term 8.00$ Community Center Membership Fees & Charges City of Eden Prairie 2020 Fees Membership benefits: 3 ITEM - ACTIVITY DESCRIPTION 2020 COMMUNITY CENTER OPEN ACTIVITIES Tot Time / Play Structure Combo Members Child must be on a family membership free Non Members 6.00$ Open Skate and Open Gym Resident and Non Resident - fee is for the use of open skate and open gym Babies up to 18 months free Tots 18 months to 4 years 5.00$ Youth 5 years of age to 18 years of age 6.00$ Adult 19 years of age or older 6.50$ Family rate Max 5 people living at same address 20.00$ Open Swim and Lap Swim Resident and Non Resident - fee is for the use of open swim and lap swim Babies up to 18 months free Tots 18 months to 4 years 5.75$ Youth 5 years of age to 18 years of age 7.25$ Adult 19 years of age or older 7.75$ Family rate Max 5 people living at same address 22.50$ Racquetball & Wallyball Members free Non-Members 9.00$ Racquetball Non Prime Rate Mon-Thurs 6am-4pm, Fri/Sat/Sun 6.50$ Wallyball 2 hour minimum 30.00$ Pickleball Tutor Members 4.00$ Non-Members 8.00$ COMMUNITY CENTER PLAY CARE & PLAY STRUCTURE Play Care Play Care - Parent is a Member Two hours; Two hour maximum 3.00$ Play Care - Parent is a Nonmember Two hours; Two hour maximum 4.00$ Punch Cards - Parent is a Member Punch Card - 20 sessions 52.50$ Punch Card - Parent is a Nonmember Punch Card - 20 sessions 73.50$ Play Structure Child on Family Membership Child must be on a family membership free Under 18 months Per child, per visit free 18 months - 4 years of age Per child, per visit 5.00$ 5 years to 15 years Per child, per visit 6.00$ Play Structure - Non-prime Time Half price Monday-Friday after 1 p.m. and Saturday-Sunday after 4 p.m. Under 18 months Per child, per visit free 18 months - 4 years of age Per child, per visit 2.50$ 5 years to 15 years Per child, per visit 3.00$ Community Center Open Activities and PlayCare Fees & Charges City of Eden Prairie 2020 Fees 4 ITEM - ACTIVITY DESCRIPTION 2020 COMMUNITY CENTER EQUIPMENT RENTAL Ice Skate Rental Skates free to Eden Prairie non-profit service organization groups Ice Skates Per pair 3.50$ Dry Floor Gym rental includes: 10 tables, 40 chairs, 4 stanchions, and two white boards Additional Chairs 2.00$ Additional Stanchion 5.00$ Additional Table 5.00$ COMMUNITY CENTER - GROUP RENTALS, RATES, & POLICIES Overnight Rentals - 11 p.m. - 5:30 a.m. Price per participant 50 participant minimum 15.00$ Group rentals will be charged an additional $1/participant for every participant over 150 varies Daytime Group Rentals - over 50 people Price per participant $7 Daytime Group Rentals - under 50 people Flat rate per hour + lifeguard fee $95 Skate Rental Skate Rental groups smaller than 10 people 3.50$ Skate Rental groups of 10 or larger with purchae of ice, room, or birthday package free Lifeguards Fee is per lifeguard, per hour 1 to 50 participants - 2 lifeguards required 51 to 100 participants - 3 lifeguards required 100 plus participants - 4 lifeguards required. Additional lifeguards determined by management depending on group size and ages. Per lifeguard Per hour 20.00$ Pool rental Fee is per hour. Two hour minimum plus $18.00/hr per lifeguard Pool Rental 100.00$ Birthday Parties Premiere Package 2 hours, up to 15 participants 165.00$ Classic Package 90 minutes, up to 15 participants 129.00$ Detailed information about birthday party packages can be found on the City's website here COMMUNITY CENTER ADVERTISING FEES Advertising Once group has paid initial multi-year agreement, it may renew the contract each year for 1 year at the pro-rated fee. Ice resurfacer Per side per year / 5 year term ($2,500 for both sides)1,500$ Score board (Rink 1)Per year / 1 year term 2,500$ Score board (Rink 2 & 3)Per year / 1 year term 1,500$ On-Ice logo Per two 4' x4' logos per year / 1 year term 1,500$ Dasher board Annually / 1 year term 950$ Community Center Group Rates, Equip. Rental, and Advertising Fees & Charges City of Eden Prairie 2020 Fees 5 ITEM - ACTIVITY DESCRIPTION Fee Type COMMUNITY CENTER RENTALS Ice Arena Rental - Rinks 1, 2, & 3 Prime/nonprime rates are at staff discretion based on timing of the year and ice availability. School Year Ice Rates Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Prime Time Ice Rates)hourly + tax 230.00$ Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Prime Time Event Ice Rates)hourly + tax 280.00$ Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Non Prime Time Ice Rates)hourly + tax 175.00$ Summer Ice Rates Jun. 1 - Aug. 31 (Prime Time Ice Rates)hourly + tax 210.00$ Jun. 1 - Aug. 31 (Non Prime Time Ice Rates)hourly + tax 175.00$ Special Ice Rates - School District 272 Physical Education classes Per hour - 50% of non-prime time rate hourly + tax 90.00$ Hockey Games Prime time event rate - personnel required to run games supplied by others. Swimming Pool Rental 8 Lane Dive Pool hourly + tax 98.50$ 8 Lane Competition Pool hourly + tax 98.50$ Special Pool Rates - School District 272 Physical Education classes Based on pool rental 98.50$ Diving Boards 1 Board hourly + tax 37.00$ 2 Boards hourly + tax 74.00$ Additional Fees Dry land training room rental fee Eden Prairie Youth Association/School District Per hour 20.00$ Non Eden Prairie Youth Association/School District Per hour 45.00$ Swim Meets and Special Events Includes natatorium and wet locker room usage Eden Prairie based team - hourly Per hour 216.50$ Eden Prairie based team - day long meet Per day 1,850.00$ Non-Eden Prairie based team - hourly Per hour 441.25$ Non-Eden Prairie based team - day long meet Per day 3,530.00$ Special Event Staffing Per hour 36.00$ Late Schedule Changes by user groups Flat Rate per occurrence 15.00$ Community Center Rental Fees & Charges City of Eden Prairie 2020 Fees 2020 6 ITEM - ACTIVITY DESCRIPTION Fee Type Group 1 Group 2 Group 3 COMMUNITY CENTER RENTALS See Attach B for Group Definitions Meeting Room Rentals Two hour minimum. All meeting rooms include AV and white boards, wi fi and customized room set up included. Request must be submitted to the Department Coordinator or Customer Service Representative a minimum of two weeks prior to requested date. Times and dates must not conflict with an existing program or activity. City programs have priority. Eden Prairie Athletic Associations receive one free meeting room use per month. Cambria Room hourly + tax 60.00$ 65.00$ 80.00$ Lounge Room EP Athletic Associations receive one free meeting room use per month hourly + tax 35.00$ 45.00$ 60.00$ 110 EP Athletic Associations receive one free meeting room use per month hourly + tax 45.00$ 55.00$ 70.00$ 112 EP Athletic Associations receive one free meeting room use per month hourly + tax 35.00$ 45.00$ 60.00$ Meeting Room 101 EP Athletic Associations receive one free meeting room use per month hourly + tax 30.00$ 35.00$ 50.00$ Meeting Room 201 EP Athletic Associations receive one free meeting room use per month hourly + tax 50.00$ 60.00$ 75.00$ Meeting Room 203 EP Athletic Associations receive one free meeting room use per month hourly + tax 20.00$ 25.00$ 40.00$ Meeting Room 202 EP Athletic Associations receive one free meeting room use per month hourly + tax 30.00$ 35.00$ 50.00$ Meeting Room 203 & 204 combined EP Athletic Associations receive one free meeting room use per month hourly + tax 35.00$ 45.00$ 70.00$ Meeting Room 204 EP Athletic Associations receive one free meeting room use per month hourly + tax 30.00$ 35.00$ 45.00$ Other Room Rentals Gymnasium (1 court)hourly + tax 50.00$ 60.00$ 80.00$ Gymnasium (Full gym)hourly + tax 70.00$ 80.00$ 110.00$ Studio A Based on short term, non-private revenue generating group availability hourly + tax 45.00$ 45.00$ 45.00$ Studio B Based on short term, non-private revenue generating group availability hourly + tax 35.00$ 35.00$ 35.00$ Studio C Based on short term, non-private revenue generating group availability hourly + tax 40.00$ 40.00$ 40.00$ The Cage hourly + tax 40.00$ 40.00$ 40.00$ Other Rentals Fitness Instructors Per instructor, per hour hourly + tax 45.00$ 45.00$ 45.00$ Preferred catering vendor fees Resident annual 100.00$ 100.00$ 100.00$ Preferred catering vendor fees Non-Resident annual 200.00$ 200.00$ 200.00$ Coffee Per coffee pot 15.00$ 15.00$ 15.00$ Use of City laptop Per rental date 15.00$ 15.00$ 15.00$ Tours of Rental Park Facilities Per hour 30.00$ 30.00$ 30.00$ Parking Permits Community Center Full year rate - Community Center annual 350.00$ 350.00$ 350.00$ Community Center Pro Rate beginning December 1 - Community Center annual 175.00$ 175.00$ 175.00$ Community Center Pro Rate beginning March 1 - Community Center annual 87.50$ 87.50$ 87.50$ Round Lake Full year rate - Round Lake annual 225.00$ 225.00$ 225.00$ Round Lake Pro Rate beginning December 1 - Round Lake annual 125.00$ 125.00$ 125.00$ Round Lake Pro Rate beginning March 1 - Round Lake annual 75.00$ 75.00$ 75.00$ Community Center Rental Fees & Charges City of Eden Prairie 2020 Fees 2020 7 ITEM - ACTIVITY DESCRIPTION Fee Type Group 1 Group 2 Group 3 SENIOR CENTER See Attach B for Group Definitions Senior Center Rental All meeting rooms include AV and white boards, WiFi, and customized room set up. There is a 2 hour minimum on all room rentals. Kitchen Approx. 15 people with use of appliances hourly + tax 20.00$ 25.00$ 30.00$ Community Rm/ Kitchen Two Rooms (no lounge) - hourly rental hourly + tax 50.00$ 55.00$ 60.00$ Community Rm/ Kitchen Two Rooms (no lounge) - full day rental (6-10 hours)plus tax 300.00$ 330.00$ 360.00$ Lounge Lounge only hourly + tax 28.00$ 33.00$ 40.00$ Room 200 Approx. 10-15 people hourly + tax 22.00$ 28.00$ 33.00$ Room 201 - hourly rental Approx. 40 people theater style, 25 to 30 table seating hourly + tax 39.00$ 44.00$ 50.00$ Room 201 - full day rental (6-10 hrs)Approx. 40 people theater style, 25 to 30 table seating plus tax 234.00$ 264.00$ 300.00$ Room 203 Approx. 25 people theater style, 15 to 20 table seating hourly + tax 28.00$ 33.00$ 40.00$ Room 209 Approx. 10 to 15 hourly + tax 22.00$ 28.00$ 33.00$ Woodshop Approx. 8-10 people - 2 hour minimum hourly + tax 28.00$ 33.00$ 40.00$ ITEM - ACTIVITY DESCRIPTION Fee 2020 Type Group 1 Group 2 Group 3 PARK FACILITIES See Attach B for Group Definitions Park Facilities Rental Rates include one building supervisor No private group of over 300 will be allowed to reserve facilities at any park (max. at Staring Park is 150) Eden Prairie School District Programs charged only direct cost for all parks during the school day. Crestwood Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all Homeward Hills Barn 1/2 Day - Maximum capacity varies plus tax 175.00$ same for all Homeward Hills Barn Full Day - Maximum capacity varies plus tax 250.00$ same for all Miller Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all Edenvale Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all Forest Hills Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all Nesbitt Preserve Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all Prairie View Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all Purgatory Creek Park Lambert Pavilion 1/2 Day - Maximum capacity varies plus tax 165.00$ same for all Purgatory Creek Park Lambert Pavilion Full Day - Maximum capacity varies plus tax 220.00$ same for all Riley Lake Park Pavilion 1/2 Day - Maximum capacity varies plus tax 175.00$ same for all Riley Lake Park Pavilion Full Day - Maximum capacity varies plus tax 250.00$ same for all Riley-Jacques Barn Per hour - 4 hour minimum hourly + tax 80.00$ same for all Riley-Jacques Barn Full Day - 10 hours or more plus tax 800.00$ same for all Round Lake Park Building 1/2 Day - Maximum capacity varies plus tax 135.00$ same for all Round Lake Park Building Full Day - Maximum capacity varies plus tax 175.00$ same for all Round Lake Pavilion 1/2 Day - Maximum capacity varies plus tax 165.00$ same for all Round Lake Pavilion Full Day - Maximum capacity varies plus tax 210.00$ same for all Staring Lake Park Amphitheatre Per hour - 2 hour minimum hourly + tax 70.00$ same for all Audio Technician Sound Tech & Sound Equipment - 2 hour minimum hourly + tax 45.00$ same for all Staring Lake Park Building 1/2 Day - Maximum capacity varies plus tax 175.00$ same for all Staring Lake Park Building Full Day - Maximum capacity varies plus tax 250.00$ same for all Staring Lake Park Building Per hour - 2 hour minimum hourly + tax 60.00$ 65.00$ Staring Lake Park Building Birthday Parties 2 hours, up to 15 participants plus tax 129.00$ same for all Staring Lake Pavilion Full Day - Maximum capacity varies plus tax 110.00$ same for all Warming Houses - 2 hour minimum Supervision required - 2 hour minimum - Dec 15 to Mar 1 hourly + tax 35.00$ same for all 2020 Parks & Recreation Rental Fees & Charges City of Eden Prairie 2020 Fees 8 ITEM - ACTIVITY DESCRIPTION 2020 OUTDOOR CENTER Rental Canoe rack spot storage Per rack spot, per season 50$ ROUND LAKE MARINA Rental Canoe Rental Per unit 8$ Paddleboard Rental Per unit 10$ Kayak Rental Per unit 8$ ORGANIZED ATHLETICS NOTE: Tournament fees are dependent on the size/scope of the tournament and may be changed at the City's discretion to ensure the health and safety of the public. Ball Field Tournaments Athletic Tournaments (all)Per day, per field 125$ Ballfield Light fee Per hour 15$ Addt'l charge for Unscheduled Lights Service Charge 35$ Field Maintenance Workers (2)Per hour 80$ For new soccer field for tournament Per field set-up 170$ Tournament Support Services Additional Portable Toilet Per unit 50$ ADA Accessible Toilet Per unit 150$ Extra Cleaning of Portable Toilets Per unit -- Monday through Friday 20$ Extra Cleaning of Portable Toilets Per unit -- Saturday and Sunday 30$ Extra Cleaning of Indoor Restrooms Per hour (two hour minimum)20$ On Site Customer Service Staff Per staff member, per hour 15$ Adult League Play Non youth sport teams Per game 40$ Clinics and Camps Clinics and Camps Per day, per field 50$ Community Athletic Facility Use Basketball, Tennis, Pickleball & Volleyball Per hour, per court 13$ Turf Fields and Ballfields Per hour, per field 20$ ART CENTER Open Studio Daily Access Per person, does not include instruction 7$ Quarterly Access Per person, does not include instruction 30$ Annual Access Per person, does not include instruction 110$ Clay Firing, Full Kiln Open studio member (not in a class)35$ Glass Firing, Large Middle Shelf Open studio member (not in a class)15$ Glass Firing, One Side Shelf (2 avail)Open studio member (not in a class)10$ Glass Firing, Full Kiln Open studio member (not in a class)35$ Birthday Party Flat Rate Limit of 15 participants 165$ Initial Rate, Regular Projects Up to 10 participants, ages 5+165$ Detailed information about birthday party packages can be found on the City's website here COMMUNITY GARDEN PLOTS 20 foot by 30 foot plot Live/Work in Eden Prairie Senior Citizen discount $12.00 60$ 20 foot by 40 foot plot Live/Work in Eden Prairie Senior Citizen discount $16.00 80$ FORESTRY Administrative fee - tree/weed ordinance violations Administrative Fee 75$ Flat charge is added to the current balance due to obtain the certified amount 65$ SNOW REMOVAL Administrative fee - snow removal ordinance violation Non compliance fee 96$ Flat charge is added to the current balance due to obtain the certified amount 65$ Parks and Recreation Fees & Charges City of Eden Prairie 2020 Fees 9 ITEM - ACTIVITY DESCRIPTION 2020 PLEASANT HILLS CEMETERY Ground Thawing: November 1 - April 1 Casket burial 75$ Cremation burial 75$ Internment Burial fees are direct cost from contractor. These could adjust mid-year due to contractor price increase. Casket burial 650$ Cremation burial 375$ Lot 20% perpetual care, 80% maintenance Resident 650$ Non-Resident 800$ Set Grave Markers Single 350$ Double 400$ Cemetery Fees & Charges City of Eden Prairie 2020 Fees 10 Community Development 2020 Fees 11 ITEM - ACTIVITY DESCRIPTION 2020 ASSESSING Data Base Copies Basic set-up Fee Prepayment required (includes $100.00 for LOGIS)300.00$ Plus media charge Actual cost Electronic copy Actual cost Paper copy Per page 0.25$ Custom Reports Basic set-up Fee Per hour minimum 40.00$ Electronic copy Actual cost Paper copy Per page 0.25$ Assessing Fees & Charges City of Eden Prairie 2020 Fees 12 Community Development Fees & Charges City of Eden Prairie 2020 Fees ITEM - ACTIVITY DESCRIPTION 2020 Tax Increment Financing & Tax Abatement Application Fees New TIF or Tax Abatement Project 2,000$ Amended TIF or Tax Abatement 2,000$ Tax Increment Financing & Tax Abatement Escrow Deposit A deposit agreement is required for tax increment financing and tax abatement applications and amendments. The amount of the initial deposit is the sum of the estimated City Attorney and Public Finance consultant costs. 13 Public Works 2020 Fees 14 ITEM - ACTIVITY DESCRIPTION 2020 ENGINEERING Street Lighting Fee For new subdivisions Charged at prevailing NSP rates and collected for 36 months at time of final plat. Maps and Printing 1st map per resident - Citywide fold up Map No fee - distributed at customer service desk Additional maps - Citywide fold up Map Each additional map - Distributed at customer service desk 0.50$ Large map printing per square foot-black and white Miscellaneous printing 1.00$ Large map printing per square foot-color 2.00$ City maps/plat/half section, black and white-8 1/2 x 11 1.00$ City maps/plat/half section, color-8 1/2 x 11 2.00$ City maps/plat/half section, black and white-11x17 2.50$ City maps/plat/half section, color-11x17 5.00$ City maps/plat/half section, black and white-24 x 36 6.00$ City maps/plat/half section, color-24 x 36 12.00$ City maps/plat/half section, black and white-36 x 48 12.00$ City maps/plat/half section, color-36 x 48 24.00$ Aerial photo added to any map is an additional:10.00$ CD ROM specifications 20.00$ GIS Services Custom mapping fee - per hour minimum 45$ Custom GIS analysis fee - per hour minimum 75$ Digital GIS Data Requests 2ft contours - per sq mile 135$ Spot elevation point data - per sq mile 135$ Base map data - citywide data 155$ Small Wireless Facilities Small Wireless Facility Permit Application Fee 570$ Permit for Right-of-Way Excavations Any right-of-way permit obtained subsequent to work done or obstructions placed in a public right-of-way will be two times the fee amount shown below Mainline utility and telecommunication installations (per 100/L.F.)65$ Placement of utility and telecommunication in existing conduit or aerial (per 100/L.F.)16$ Repair or service excavation Turf area 75$ Repair or service excavation Pavement area 150$ Residential driveway each 75$ Commercial driveway each 130$ All other excavations Turf area 75$ All other excavations Pavement area 150$ Delay Fees per day for Arterial roadways 1,100$ per day for Collector roadways 525$ per day for residential and local roadways 110$ Permit extension fee 50$ Street Signs 9 button delineator-red Includes post & install 165$ 9 button delineator-red Includes breakaway post & install 190$ Future road extension advisory Includes 2 posts & install - 36" x 30"365$ Keep right symbol Includes 9 button delin-yellow, no post 195$ Keep right symbol Includes 9 button delin-yellow, install, post 235$ Keep right symbol Includes 9 button delin-yellow, install & breakaway post 265$ No outlet Includes post & install - 24" x 24"180$ No parking Includes post & install - Used for Turn-Around 200$ Stop sign Includes brackets, install, no post - 30" x 30"195$ Stop sign Includes brackets, install, with post - 30" x 30"250$ Street name sign Includes install with 12' post - 6" x 6"330$ Street name sign Includes install with 12' post - 6" x 9"360$ Street name sign Includes install with 12' post - 9" x 9"380$ Temporary street name sign Plus 15% surcharge for maintenance until permanent signs in place 225$ Bagging existing traffic sign(s) permit fee 65$ Temporary "No Parking" sign(s) permit fee 65$ Weight Restrictions Engineering Fees & Charges City of Eden Prairie 2020 Fees 15 ITEM - ACTIVITY DESCRIPTION 2020 Engineering Fees & Charges City of Eden Prairie 2020 Fees Truck overweight/oversize permit fee Per trip 80$ Other Licenses Refuse & garbage collectors Annual - 1st Vehicle 165$ Refuse & garbage collectors Annual - Each additional vehicle 40$ Special Assessment Searches Resident No charge for residents on searches of their homesteaded property free Non-resident Per parcel 30.00$ Other Fees Street obstruction fee plus traffic control (if City supplied)135.00$ 16 ITEM - ACTIVITY DESCRIPTION 2020 UTILITIES - USER CHARGES RESIDENTIAL Sanitary sewer Sanitary sewer Per 1,000 gallons 3.55$ Water (Residential) Per 1,000 gallons Tier 1 0 to 20,000 gallons 2.35$ Tier 2 20,001 to 40,000 gallons 3.25$ Tier 3 40,001 to 60,000 gallons 4.45$ Tier 4 60,001 and above 5.95$ Water All Other Classes (includes commercial, apartments, institutions, etc)2.45$ Base Charges Each R.E.C. will be billed: one-half base charge for water and one-half base charge for sewer 39.00$ Base charges are billed on the greater of the number of R.E.C.'s on connections Storm Drainage Single-family homes/Multi-family homes Each 16.30$ Apartments Per acre rates 161.90$ Parks / open space / golf course / rail road Per acre rates 22.50$ Undeveloped land Each 54.00$ COMMERCIAL Sanitary sewer Sanitary sewer Per 1,000 gallons 3.55$ Water All Other Classes (includes commercial, apartments, institutions, etc)2.45$ Base charges Each R.E.C. will be billed: one-half base charge for water and one-half base charge for sewer 15.50$ Base charges are billed on the greater of the number of R.E.C.'s on connections Storm Drainage - Commercial Industrial Per acre rates 54.00$ Commercial/office Per acre rates 69.00$ Institutions Per acre rates 61.20$ Airport/landfill Per acre rates 13.45$ Parks / open space / golf course / rail road Per acre rates 7.50$ Undeveloped land Each 18.00$ IRRIGATION Irrigation only Meters Residential and Other Classes. Irrigation billed 6 months of the year. Tier 1 0 to 13,000 gallons 3.25$ Tier 2 13,001-20,000 gallons 4.45$ Tier 3 20,001 and above 5.95$ UTILITIES - OTHER FEES Other Charges Unmetered residential sewer only use charges fee per quarter per R.E.C. plus sewer base charge 60.00$ Administrative fee Flat charge is added to the current balance due to obtain the total certified amount 65.00$ Estimate read fee After 3 consecutive estimate reads, and customer has not scheduled an appt. with the water plant a nonrefundable monthly fee will be added 55.00$ Water flow test for 5/8" meters When consumption is challenged by a customer & the meter is accurate 55.00$ Water service turn on/off 55.00$ Water softening & filtering No fee - State license required no fee Water/Fill Station Per 1,000 gallons purchased at tanker fill station at 14100 Technology Drive 5.00$ Fire Hydrant Use / Meter for Construction and Irrigation Permit 50.00$ After initial turn on, any non-emergency on/off request by a commercial lending institution, government agency (HUD), or private property management service Penalty for billed charges: 1% per month on account not paid within 30 days of billing. A residential equivalent connection (R.E.C.) is one dwelling unit. The minimum monthly use charge for uses other than residential shall be the same as 1 R.E.C Utilities Fees & Charges City of Eden Prairie 2020 Fees 17 ITEM - ACTIVITY DESCRIPTION 2020 Utilities Fees & Charges City of Eden Prairie 2020 Fees Fire hydrant damage deposit Applied to the final bill 300.00$ 3" meter deposit Refundable 3,750.00$ All other meter deposits Refundable 1,350.00$ Lawn Irrigation Restrictions Surcharges for non-compliance with lawn irrigation restrictions and prohibitions First occurrence 25.00$ Second occurrence 50.00$ Third occurrence 100.00$ Fourth occurrence 200.00$ Fifth & subsequent occurrences within a three year period 300.00$ New Construction Coli Form Bacteria Resampling Flat fee per resample (based on City's cost to perform work)50.00$ New Construction Mechanical Reinspections Flat fee per reinspection 55.00$ System Access Charges - Utility Charges For Metro sanitary sewer as established by the Metropolitan Waste Commission System Access Charges - Utility Charges Sanitary Sewer Residential Per R.E.C.730$ Industrial, commercial, public, office Per Metro SAC 1,310$ System Access Charges - Utility Charges Water Residential Per R.E.C.3,190$ Industrial, commercial, public, office Per Metro SAC 4,150$ Water/Sewer Connection Trunk sewer and water (per acre)sewer 60%, water 40% 8,708$ A connection fee per single unit is applicable if the property has not 22,147$ participated in the cost of the utilities by other methods. 18 Police 2020 Fees 19 ITEM - ACTIVITY DESCRIPTION 2020 POLICE FEES & CHARGES Data Processing Duplicating, audio/video recording 5$ Duplicating, documentation Per standard page 0.25$ Standard reports Per hour 20$ Non-standard report Per hour - Minimum charge is one hour 50$ Dog Impounding 1st offense of the year actual Impounding 2nd offense of the year actual Impounding 3rd offense of the year actual Boarding Daily actual Euthenasia actual False Alarm Fee Non-Required Systems Registration Fee free First 3 false alarms free 4th false alarm 100$ 5th false alarm 200$ 6th & up false alarm 300$ Required Systems First false alarm free 2nd false alarm 100$ 3rd false alarm 200$ 4th false alarm 300$ 5th & up false alarm 400$ Late Fees Late fees for unpaid bills 25$ Hunting & Trapping Landowner free Resident 5$ Non-resident 10$ Pawn Shops Annual fee 10,000$ Investigation fee 1,500$ Photograph Digital Image 5$ Police Officer Supplemental Employment Police Officer Supplemental Employment Per hour - Min. charge is three hours 100$ Police Officer Supplemental Employment Per hour - Min. charge is three hours (time worked on double-time holiday)135$ Reports Resident Free to residents free Non-resident Per page 0.25$ Special Reports Actual cost actual Transcribe, Audio Tape Transcribe, audio/video Per hour - Minimum charge is one hour 25$ Police Fees & Charges City of Eden Prairie 2020 Fees An investigation fee not to exceed $1,500 shall be charged by the City if the investigation is conducted in the State, or the actual cost not to exceed $10,000 without prior written approval if the investigation is required outside the State. 20 ITEM - ACTIVITY DESCRIPTION 2020 BUSINESS LICENSES Liquor - Non-Intoxicating Malt Liquors On-sale Annual - If less than one year, amount will be prorated over remaining months.800$ Off-sale Annual - If less than one year, amount will be prorated over remaining months.175$ Investigation fee Initial application 500$ Liquor - Intoxicating Malt Liquors Growlers (off-sale) Annual - If less than 1 year, amt will be prorated over remaining months.250$ Brewer Taproom (on-sale)Annual - If less than 1 year, amt will be prorated over remaining months.800$ Sunday Sales Annual - If less than 1 year, amt will be prorated over remaining months.200$ Liquor On-Sale On-sale Annual - If less than 1 year, amt will be prorated over remaining months.8,750$ Brew Pub On-sale Annual - If less than 1 year, amt will be prorated over remaining months.8,750$ Cocktail Room On-sale Annual - If less than 1 year, amt will be prorated over remaining months.800$ Sunday Sales Annual - If less than 1 year, amt will be prorated over remaining months.200$ Investigation fee Initial application 500$ License Charge - new manager License change - new manager 50$ License change - other License change - other than management change 150$ Liquor Off-Sale Microdistillery (Off-sale)Annual - If less than 1 year, amt will be prorated over remaining months.250$ Liquor On-Sale Fraternal Clubs Liquor on-sale Annual - If less than one year, amount will be prorated over remaining months.100$ Investigation fee Initial application 500$ License Charge - new manager License change - new manager 50$ License Charge - other License change - other than management change 150$ Liquor On-Sale Non-Fraternal Clubs Liquor on-sale Annual 4,250$ Investigation fee Initial application 500$ License Charge - new manager License change - new manager 50$ License Charge - other License change - other than management change 150$ Liquor On-Sale Wine On-sale Annual - If less than one year, amount will be prorated over remaining months.2,000$ Investigation fee Initial application 500$ License Charge - new manager License change - new manager 50$ License Charge - other License change - other than management change 150$ Liquor Other Temporary beer Requires application Temporary wine Requires application Sunday liquor Annual - If less than one year, amount will be prorated over remaining months.200$ Special events Per event 200$ Liquor Investigation Fee An investigation fee not to exceed $500 shall be charged to an applicant by the City if investigation is conducted within the State, or the actual cost not to exceed $10,000 without prior approval, if the investigation is required outside the State. Massage Massage - Therapeutic Enterprise Investigation Fee / Initial Application 500.00$ Massage - Therapeutic Enterprise Annual (if less than one year, amount will be prorated over rmg months)300.00$ Massage - Individual Therapist Investigation Fee / Initial Application 100.00$ Massage - Individual Therapist Government issued identification required 50.00$ Massage - Individual Therapist Replacement License Card Printing 10.00$ Peddlers Peddler - ID card Annual - Government issued identification required 50$ Peddler - Replacement ID Card Replacement Card 10$ Other Bingo (Gambling)Requires application Bee Keeping One time registration fee 75$ Chicken Keeping One time registration fee 75$ Cigarettes Annual - If less than one year, amount will be prorated over remaining months.300$ Dog kennels (Commercial)Annual - If less than one year, amount will be prorated over remaining months.85$ Business Licenses and Fees City of Eden Prairie 2020 Fees 21 ITEM - ACTIVITY DESCRIPTION 2020 Business Licenses and Fees City of Eden Prairie 2020 Fees Dog kennels (Private)Annual - If less than one year, amount will be prorated over remaining months.35$ Required for 3-5 animals. Must also purchase individual dog licenses. Dog license Biannual 20$ Dangerous dog license Annual 200$ Dangerous dog sign & collar tag Annual 25$ Dog - Replacement Tag Price per tag 1.00$ Non-profit solicitor Requires application Raffle (Gambling)Requires application 22 Fire 2020 Fees 23 ITEM - ACTIVITY DESCRIPTION 2020 Fire Department Fees & Charges Fees will be imposed on any response in which the victim is not an Eden Prairie taxpayer Engine company Per hour 300$ Ladder company Per hour 350$ Rescue, grass rig, or rescue boat Per hour 275$ Specialized Personnel Chief Officer, Investigator Per hour 125$ Tools/supplies used At cost at cost Firefighter supplemental employment Per 3 hour block - Minimum 75.00$ charge of three hours Fire Department Fees & Charges City of Eden Prairie 2020 Fees 24 ITEM - ACTIVITY DESCRIPTION 2020 BUILDING INSPECTIONS Fire Alarm & Non-Water Suppression $1 to $2,000 100.00$ $2,001 to $25,000 1st $2,000 plus $23.55 each add'l $1,000 or fraction thereof, to & including $25,000 100.00$ $25,001 to $50,000 1st $25,000 plus $17.25 each add'l $1,000 or fraction thereof, to & including $50,000 641.65$ $50,001 to $100,000 1st $50,000 plus $12.00 each add'l $1,000 or fraction thereof, to & including $100,000 1,072.90$ $100,001 to $500,000 1st $100,000 plus $9.65 each add'l $1,000 or fraction thereof, to & including $500,000 1,672.90$ $500,001 to $1,000,000 1st $500,000 plus $7.95 each add'l $1,000 or fraction thereof, to & including $1,000,000 5,532.90$ $1,000,001 & up 1st $1,000,000 plus $6.40 each add'l $1,000 or fraction thereof 9,507.90$ Plan checking 65% of the building permit fee if valuation is greater than $2,000 65% Investigation fee (all work started w/o a permit) -- fee is equal to amount of permit fee permit fee Fire Prevention Miscellaneous fees Per Minnesota State Fire Code (See Attachment A for description of item subject to fee)110$ Re-inspection fee 55$ Fire Prevention Permits Burning permits Per site. Limit 2 days per week 135$ Fireworks - display Plus standby firefighters at present hourly rate.145$ Fireworks - sales Maximum rate set by the State - $100 non-exclusive, $350 exclusive Flammable & combustible liquid tank removal -- Less than 1,000 gallons (fee is per tank)115$ Flammable & combustible liquid tank removal -- Greater than 1,000 gallons (fee is per tank)270$ Grease vapor removal system cleaning (fee is per cleaning)145$ LP gas, flammable & combustible liquid tank install (fee is per tank)300$ LP gas tank (temporary heat) > 100 gallons (fee is per tank)100$ Annual Fire Code Permit - Storage & Use Maximum of 3 per site 235$ Late fee -- Any application received after March 31st is subject to a late fee of 25% of the permit cost. Tents/canopy (Residential)Per tent 55$ Tents/canopy (Commercial)Per tent 100$ Investigation fee (all work started w/o a permit) -- fee is equal to amount of permit fee permit fee Fuel dispensing facilities (new, addition, or alteration) per location 100$ Fire Sprinkler Systems $1 to $2,000 100.00$ $2,001 to $25,000 1st $2,000 plus $23.55 each add'l $1,000 or fraction thereof, to & including $25,000 100.00$ $25,001 to $50,000 1st $25,000 plus $17.25 each add'l $1,000 or fraction thereof, to & including $50,000 641.65$ $50,001 to $100,000 1st $50,000 plus $12.00 each add'l $1,000 or fraction thereof, to & including $100,000 1,072.90$ $100,001 to $500,000 1st $100,000 plus $9.65 each add'l $1,000 or fraction thereof, to & including $500,000 1,672.90$ $500,001 to $1,000,000 1st $500,000 plus $7.95 each add'l $1,000 or fraction thereof, to & including $1,000,000 5,532.90$ $1,000,001 & up 1st $1,000,000 plus $6.40 each add'l $1,000 or fraction thereof 9,507.90$ Plan Check Fee 65% of the fire-alarm/suppression permit fee if the job value is greater than $2,000 65% Investigation Fee - all work started w/o a permit Equal to amount of permit fee Heating & Ventilating - Job Valuation 0 to $1,000 40$ $1,001 to $10,000 1st $1,000 plus $2.55 for each add'l $100 or fraction thereof, to and including $10,000 40$ $10,001 to $50,000 1st $10,000 plus $21.15 for each add'l $1,000 or fraction thereof, to and incl. $50,000 269.50$ $50,001 and up 1st $50,000 plus $17.00 for each additional $1,000 or fraction thereof 1,115.50$ Heating & Ventilating - Other Gas piping Each opening 25$ Reinspection Each 50$ Investigation fee Equal to the amount of permit fee (charges for work started w/o a permit) Moving a Building Moving a building $1,000 deposit each from the owners of the building and building mover 250$ Moving a garage only $1,000 deposit each from the owners of the building and building mover 50$ Plumbing - Job Valuation $0 - $1,000 Minimum 40$ $1,001 - $10,000 1st $1,000 plus 2.75% for amount over $1,000 to & including $10,000 40$ $10,001 & up 1st $10,000 plus 2.25% for amount over $10,000 287.50$ For each openings on gas 25$ Building Inspections Fees & Charges City of Eden Prairie 2020 Fees 25 ITEM - ACTIVITY DESCRIPTION 2020 BUILDING INSPECTIONS Building Inspections Fees & Charges City of Eden Prairie 2020 Fees Inside change over - sewer, water or both 40$ Meter inspection 40$ Municipal sewer per 100 feet 40$ Municipal water per 100 feet 40$ Storm sewer & sub soil drains per 100 feet 40$ ISTS abandonment 50$ Plumbing - Other Inspections & Fees Reinspection fee Each 50$ Investigation fee (all work started w/o a permit) -- fee is equal to amount of permit fee permit fee Rental Licenses Fees One to Four Plex -- annual fee is $60.00 for 1st unit of 1 to 4 plex - add'l units under same roof are $11.25 for each add'l unit 60.00$ Apartment Complex -- annual fee $60.00 for the 1st unit in a complex + $11.25 for each add'l rental unit 60.00$ Late fee -- Any application received after Jan. 1st of the licensing year is subject to a late fee of $50 or 25% whichever is greater.50.00$ Septic System Pumping Septic System Pumping 25$ Radio Service Reprogram and tune radios once a year per radio 30$ Labor rate an hour, billable on every half hour if additional help is needed 55$ 26 Office of the City Manager 2020 Fees 27 ITEM - ACTIVITY DESCRIPTION 2020 CUSTOMER SERVICE Copies Copies - 1-100 pages Per page - single-sided, black and white, letter or legal size docs.0.25$ Copies - 101 or more pages Actual cost - see Data Practices Policy for details. DVDs of Council & Commission mtgs DVD, plus postage, if applicable.2.00$ Administrative Fees & Charges City of Eden Prairie 2020 Fees 28 ITEM - ACTIVITY DESCRIPTION 2020 FINANCE Tax Exempt Financing Charge Application fee Per transaction 2,000$ Annual Fee 1/8 of 1% on the unpaid principal balance at the beginning of each 12-month period. 1/8 of 1% Finance Fees & Charges City of Eden Prairie 2020 Fees 29 ITEM - ACTIVITY DESCRIPTION Frequency FACILITIES EQUIPMENT RENTAL AND STAFF TIME Audio-Visual Equipment (tax included) Dry erase board (3'x5') with markers 7.75$ Easel 5.25$ Extra pad of paper each 12.50$ Flipchart/dry erase (24"x30") with paper 10.50$ LCD Projector daily rental each 52.00$ Microphone/stand & speakers 15.50$ Microphone, wireless hand-held or clip-on and speakers 21.00$ Podium, floor model 7.75$ Screen, projection (tripod stand) 6'x6'10.50$ Building Supervisor Monday-Thurs, 5:00 p.m. - 10:00 p.m.hourly 31.00$ Weekends hourly 46.00$ Custodial Time and a half will be charged on weekends hourly 42.00$ CITY CENTER MEETING ROOM RENTALS 2020 Group 1 Group 2 Group 3 ** All rooms must be vacated by 10:00 p.m. The heritage room is an official emergency shelter for the City Center. Reservations may be rescheduled or canceled in case of emergency. Reservation fees will be returned accordingly.See Attach B for Group Definitions ** Standard room set up is included in the fee. Additional set up charges will be incurred for round tables and special room arrangements at a rate of $30/hr. Atrium I Conference Room (2 hr. minimum rental) Standard conference = seats 10; 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 40.00$ 45.00$ 50.00$ Limited availability; City priority Atrium II Conference Room (2 hr. minimum rental) Standard conference = seats 6; 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm) hourly 40.00$ 45.00$ 50.00$ Limited availability; City priority Atrium III Conference Room (2 hr. minimum rental) Standard conference = seats 10; 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 40.00$ 45.00$ 50.00$ Limited availability; City priority Council Chamber Restricted use; Standard set-up; No food/beverages; hourly 80.00$ 90.00$ 105.00$ Facility and/or AV technician required w/extra charge ($40.00/hr after hours); AV tech required for broadcast events only. Heritage Room (one quarter)(2 hr. minimum rental) Limited set-up; Maximum capacity = 40 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 45.00$ 50.00$ 55.00$ Heritage Room (half)(2 hr. minimum rental) Maximum capacity = 100 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 55.00$ 65.00$ 75.00$ Heritage Room (whole)(2 hr. minimum rental) Maximum capacity = 200 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 70.00$ 80.00$ 110.00$ Lower Atrium (2 hr. minimum rental) Maximum capacity = 100. Limited availability w/special arrangements; hourly 55.00$ 65.00$ 75.00$ 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm) Prairie Room (2 hr. minimum rental) Standard conference = seats 18; 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 40.00$ 45.00$ 50.00$ Limited availability; City priority Garden Conference Room (2 hr. minimum rental) Maximum capacity = 40. 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 45.00$ 55.00$ 65.00$ GARDEN ROOM 2020 Garden Room Grou Group 1 Group 2 Group 3 Room Rental, first four hours, minimum charge 325.00$ 425.00$ 525.00$ Room Rental, each additional hour, hour increments hourly 65.00$ 90.00$ 115.00$ Security per hour if alcohol is served hourly 100.00$ 100.00$ 100.00$ Sound System flat fee per event (tax included)75.00$ 75.00$ 75.00$ Screen flat fee per event (tax included)25.00$ 25.00$ 25.00$ 2020 Facilities Equipment and Room Rental Fees & Charges City of Eden Prairie 2020 Fees 30 ** Room rentals are tax exempt Attachment A Permits from the Minnesota State Fire Code (MSFC) covered under the “miscellaneous” fee category on the fee resolution. Operational Permits Aerosol products. An operational permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight. Amusement buildings. An operational permit is required to operate a special amusement building. Aviation facilities. An operational permit is required to use a Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by other sections of this code include, but are not limited to, hot work, hazardous materials and flammable or combustible finishes. Battery systems. A permit is required to install stationary lead-acid battery systems having a liquid capacity of more than 50 gallons (189 L). Carnivals and fairs. An operational permit is required to conduct a carnival or fair. Cellulose nitrate film. An operational permit is required to store, handle or use cellulose nitrate film in a Group A occupancy. Combustible dust-producing operations. An operational permit is required to operate a grain elevator, flour starch mill, feed mill, or a plant pulverizing aluminum, coal, cocoa, magnesium, spices or sugar, or other operations producing combustible dusts as defined in Chapter 2. Combustible fibers. An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet (2.8 m3). Exception: A permit is not required for agricultural storage. Compressed gases. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed in Table 105.6.8. Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle. Covered mall buildings. An operational permit is required for: 1. The placement of retail fixtures and displays, concession equipment, displays of highlycombustible goods and similar items in the mall. 2. The display of liquid- or gas-fired equipment in the mall.3. The use of open-flame or flame-producing equipment in the mall.Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.10. Exception: Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading. Dry cleaning plants. An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment. Exhibits and trade shows. An operational permit is required to operate exhibits and trade shows. Explosives. An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosive, explosive material, fireworks, or pyrotechnic special effects within the scope of Chapter 56. Exception: Storage in Group R-3 occupancies of smokeless propellant, black powder and small arms primers for personal use, not for resale and in accordance with section 5606. Floor finishing. An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet (33 m2) using Class I or Class II liquids. Fruit and crop ripening. An operational permit is required to operate a fruit, or crop-ripening facility or conduct a fruit-ripening process using ethylene gas. 31 Fumigation and thermal insecticidal fogging. An operational permit is required to operate a business of fumigation or thermal insecticidal fogging and to maintain a room, vault or chamber in which a toxic or flammable fumigant is used. HPM facilities. An operational permit is required to store, handle or use hazardous production materials. High-piled storage. An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet (46 m2). Hot work operations. An operational permit is required for hot work including, but not limited to: 1. Public exhibitions and demonstrations where hot work is conducted.2. Use of portable hot work equipment inside a structure.Exception: Work that is conducted under a construction permit. 3. Fixed-site hot work equipment such as welding booths.4. Hot work conducted within a wildfire risk area.5. Application of roof coverings with the use of an open flame device.Industrial ovens. An operational permit is required for operation of industrial ovens regulated by Chapter 30. Lumber yards and woodworking plants. An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet (8,333 ft3) (236 m3). Liquid- or gas-fueled vehicles or equipment in assembly buildings. An operational permit is required to display, operate or demonstrate liquid- or gas-fueled vehicles or equipment in assembly buildings. Magnesium. An operational permit is required to melt, cast, heat treat or grind more than 10 pounds (4.54 kg) of magnesium. Miscellaneous combustible storage. An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet (71m3) gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork or similar combustible material. Open burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to. Exception: Recreational fires. Open flames and candles. An operational permit is required to remove paint with a torch; use a torch or open flame device in a hazardous fire area; or to use open flames or candles in connection with assembly areas, dining areas of restaurants or drinking establishments. Organic coatings. An operational permit is required for any organic-coating manufacturing operation producing more than 1 gallon (4 L) of an organic coating in one day. Places of assembly. An operational permit is required to operate a place of assembly. Pyrotechnic special effects material. An operational permit is required for use and handling of pyrotechnic special effects material. Pyroxylin plastics. An operational permit is required for storage or handling of more than 25 pounds (11kg) of cellulose nitrate (pyroxylin) plastics and for the assembly or manufacture of articles involving pyroxylin plastics. Refrigeration equipment. An operational permit is required to operate a mechanical refrigeration unit or system regulated by Chapter 6. Repair garages and motor fuel-dispensing facilities. An operational permit is required for operation of repair garages and automotive, marine and fleet motor fuel-dispensing facilities. Rooftop heliports. An operational permit is required for the operation of a rooftop heliport. Spraying or dipping. An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 24. 32 Storage of scrap tires and tire byproducts. An operational permit is required to establish, conduct or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet (71m3) of total volume of scrap tires and for indoor storage of tires and tire byproducts. Temporary membrane structures, tents and canopies. An operational permit is required to operate an air-supported temporary membrane structure or a tent having an area in excess of 400 square feet (37 m2). Exceptions: 1. Tents used exclusively for recreational camping purposes.2.Tents open on all sides which comply with all of the following:2.1. Individual tents shall have a maximum size of 700 square feet (65 m2). 2.2. The aggregate area of multiple canopies placed side by side without a fire break clearance of 12 feet (3658 mm) shall not exceed 700 square feet (65 m2) total. 2.3. A minimum clearance of 12 feet (3658 mm) to structures and other tents shall be provided. Tire-rebuilding plants. An operational permit is required for the operation and maintenance of a tire rebuilding plant. Waste handling. An operational permit is required for the operation of wrecking yards, junk yards and waste material-handling facilities. Wood products. An operational permit is required to store chips, hogged material, lumber or plywood in excess of 200 cubic feet (6 m3). Construction Permits Compressed gases. When the compressed gases in use or storage exceed the amounts listed in Table 105.6.8, a construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a compressed gas system. Exceptions: 1. Routine maintenance.2. For emergency repair work performed on an emergency basis, application for permit shall bemade within two working days of commencement of work. The permit applicant shall apply for approval to close storage, use or handling facilities at least 30 days prior to the termination of the storage, use or handling of compressed or liquefied gases. Such application shall include any change or alteration of the facility closure plan filed pursuant to Section 2701.5.3. The 30-day period is not applicable when approved based on special circumstances requiring such waiver. Flammable and combustible liquids. A construction permit is required: 1. To repair or modify a pipeline for the transportation of flammable or combustible liquids.2. To install, construct or alter tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used. 3. To alter, abandon, place temporarily out of service or otherwise dispose of a flammable orcombustible liquid tank. Hazardous materials. A construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility or other area regulated by Chapter 50 when the hazardous materials in use or storage exceed the amounts listed in Table 105.6.20. Exceptions: 1. Routine maintenance.2. For emergency repair work performed on an emergency basis, application for permit shall bemade within two working days of commencement of work. Industrial ovens. A construction permit is required for installation of industrial ovens covered by Chapter 30. 33 Exceptions: 1.Routine maintenance.2. For repair work performed on an emergency basis, application for permit shall be made withintwo working days of commencement of work. LP-gas. A construction permit is required for installation of or modification to an LP-gas system. Spraying or dipping. A construction permit is required to install or modify a spray room, dip tank or booth. 34 Attachment B Fee Resolution Rental Rate Classifications Eden Prairie City Government: Any activity related to or benefitting the operations of Eden Prairie’s City Government including, but not limited to, City Council, Board and Commission meetings, City sponsored or hosted programs, events and public meetings. The Riley-Purgatory Creek Watershed District and the Eden Prairie School District programs located at City Center are included in this category for City Center rentals.– No Charge. Group I - Eden Prairie Civic /Non-Profit Agencies: Includes Eden Prairie School District, Eden Prairie Youth Athletic Associations, PROP, SW Metro Transit, SW Suburban Cable and Eden Prairie–based religious organizations. A civic, non-profit or resident group is considered as Eden Prairie-based if it has at least 75% of its membership roster residing in the City (as in the case of Eden Prairie Homeowner/Townhome Associations). Group II - Eden Prairie Residents and Businesses: Eden Prairie-based businesses and commercial organizations and Eden Prairie residents who wish to use the facilities for personal use. Group III - Non-Eden Prairie Residents/Businesses/Groups: Non-resident individuals, groups, commercial, and business organizations (including non-profit), as well as state & county-related committees, including Minnesota’s federal and state representatives and political groups (i.e., League of Women Voters, Town Hall meetings, political conventions, etc.). NOTE: Eden Prairie residents and businesses may NOT make reservations for non-Eden Prairie based residents and businesses under the Group II rate. City Rental Facilities Amphitheatre - located at Staring Lake Park City Center - meeting rooms, conference rooms, and the Council Chambers Community Center - ice arenas, meeting rooms, gymnasium, racquetball/Wallyball courts, and swimming pool Park Pavilions & Buildings - Round Lake Park Pavilion, Homeward Hills Park Barn, Round Lake Park Building, Staring Lake Park Building, Miller Park Building, Nesbitt Preserve Park Building, Riley Lake Pavilion, Riley-Jacques Barn, Purgatory Creek Park – Lambert Pavilion, Prairie View Park Building, Forest Hills Park Building, Edenvale Park Building and Crestwood Park Building Senior Center - community room, meeting rooms, and the wood shop (available with supervision according to wood shop regulations) Warming Houses – park buildings located throughout the City used during the winter at outdoor ice rinks 35 City of Eden Prairie, Minnesota Fee Changes December 2019 2019-2020 Parks and Recreation 2019-2020 Fee Changes ITEM - ACTIVITY DESCRIPTION 2019 2020 % change '19 to '20 Youth (18 and under)Any child 18 years of age or younger.monthly + tax 37.00$ 39.00$ 5% Adult (19 and over)Individual age 19 or older.monthly + tax 46.00$ 48.00$ 4% Dual Any 2 adults or 1 adult/1 youth residing at same address monthly + tax 80.00$ 82.00$ 3% Dual Plus One Any 2 adults plus 1 youth OR 1 adult and 2 youths residing at same address monthly + tax 95.00$ 97.00$ 2% Household Any 2 adults and up to 4 youth residing at same address.monthly + tax 109.00$ 110.00$ 1% Senior (62 and older)Any individual 62 years of age or older.monthly + tax 37.00$ 40.00$ 8% Senior Dual Any 1 senior and 1 additional member (55 or older) residing at same address monthly + tax 62.00$ 65.00$ 5% Monthly Non Resident Membership Rates Youth (18 and under)Monthly rate plus applicable taxes monthly + tax 53.00$ 55.00$ 4% Adult (19 and over)Monthly rate plus applicable taxes monthly + tax 54.00$ 56.00$ 4% Dual Monthly rate plus applicable taxes monthly + tax 94.00$ 96.00$ 2% Dual Plus One Monthly rate plus applicable taxes monthly + tax 111.00$ 113.00$ 2% Household Monthly rate plus applicable taxes monthly + tax 130.00$ 131.00$ 1% Senior (62 and older)Monthly rate plus applicable taxes monthly + tax 53.00$ 56.00$ 6% Senior Dual Monthly rate plus applicable taxes monthly + tax 93.00$ 96.00$ 3% Seasonal Short-term Membership Rates Administrative Fee is waived. Applicable taxes apply One Month (Winter Break)30 consecutive days 53.00$ 55.00$ 4% Three Months (Summer)3 consecutive months 138.00$ 142.00$ 3% Four Months (Summer)4 consecutive months 184.00$ 189.00$ 3% Community Center Membership Fees & Charges City of Eden Prairie 2019-2020 Fee Changes ITEM - ACTIVITY DESCRIPTION 2019 2020 % change '19 to '20 Open Skate and Open Gym Resident and Non Resident - fee is for the use of open skate and open gym Family rate Max 5 people living at same address 18.00$ 20.00$ 11% Open Swim and Lap Swim Resident and Non Resident - fee is for the use of open swim and lap swim Tots 18 months to 4 years 5.50$ 5.75$ 5% Youth 5 years of age to 18 years of age 7.00$ 7.25$ 4% Adult 19 years of age or older 7.50$ 7.75$ 3% Family rate Max 5 people living at same address 20.00$ 22.50$ 13% Racquetball & Wallyball Non-Members 8.50$ 9.00$ 6% Racquetball Non Prime Rate Mon-Thurs 6am-4pm, Fri/Sat/Sun 5.50$ 6.50$ 18% Wallyball 2 hour minimum 28.00$ 30.00$ 7% Pickleball Tutor Members 3.00$ 4.00$ 33% Non-Members 6.50$ 8.00$ 23% Community Center Open Activities and PlayCare Fees & Charges City of Eden Prairie 2019-2020 Fee Changes ITEM - ACTIVITY DESCRIPTION 2019 2020 % change '19 to '20 COMMUNITY CENTER EQUIPMENT RENTAL Ice Skate Rental Skates free to Eden Prairie non-profit service organization groups Ice Skates Per pair 3.00$ 3.50$ 17% COMMUNITY CENTER - GROUP RENTALS, RATES, & POLICIES Overnight Rentals - 11 p.m. - 5:30 a.m. Price per participant 50 participant minimum 14.50$ 15.00$ 3% Daytime Group Rentals - over 50 people Price per participant 7.50$ $7.00 -7% Daytime Group Rentals - under 50 people Flat rate per hour + lifeguard fee 6.50$ $95 1362% Skate Rental Skate Rental groups smaller than 10 people 3.00$ 3.50$ 17% Lifeguards Fee is per lifeguard, per hour 1 to 50 participants - 2 lifeguards required 51 to 100 participants - 3 lifeguards required 100 plus participants - 4 lifeguards required, Additional lifeguards determined by management depending on group size and ages Per lifeguard Per hour 19.00$ 20.00$ 5% Pool rental Fee is per hour, Two hour minimum plus $18.00/hr per lifeguard Pool Rental 89.50$ 100.00$ 12% Birthday Parties Premiere Package 2 hours, up to 15 participants 159.00$ 165.00$ 4% Classic Package 90 minutes, up to 15 participants 109.00$ 129.00$ 18% Detailed information about birthday party packages can be found on the City's website here Community Center Group Rates, Equip. Rental, and Advertising Fees & Charges City of Eden Prairie 2019-2020 Fee Changes changed from price/participant with 50 person min to flat fee ITEM - ACTIVITY DESCRIPTION Fee Type COMMUNITY CENTER RENTALS Ice Arena Rental - Rinks 1, 2, & 3 Prime/nonprime rates are at staff discretion based on timing of the year and ice availability. hourly + tax 225.00$ 230.00$ 2% hourly + tax 280.00$ new in 2020 hourly + tax 170.00$ 175.00$ 3% hourly + tax 200.00$ 210.00$ 5% School Year Ice Rates Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Prime Time Ice Rates) Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Prime Time Event Ice Rates) Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Non Prime Time Ice Rates) Summer Ice Rates Jun. 1 - Aug. 31 (Prime Time Ice Rates) Jun. 1 - Aug. 31 (Non Prime Time Ice Rates)hourly + tax 170.00$ 175.00$ 3% Special Ice Rates - School District 272 Physical Education classes Per hour - 50% of non-prime time rate hourly + tax 85.00$ 90.00$ 6% Hockey Games Prime time event rate - personnel required to run games supplied by others. Swimming Pool Rental 8 Lane Dive Pool hourly + tax 95.00$ 98.50$ 4% 8 Lane Competition Pool hourly + tax 95.00$ 98.50$ 4% Special Pool Rates - School District 272 Physical Education classes Based on pool rental 80.25$ 98.50$ 23% Diving Boards 1 Board hourly + tax 33.00$ 37.00$ 12% 2 Boards hourly + tax 55.00$ 74.00$ 35% Additional Fees Dry land training room rental fee Eden Prairie Youth Association/School District Per hour 15.00$ 20.00$ 33% Non Eden Prairie Youth Association/School District Per hour 36.00$ 45.00$ 25% Swim Meets and Special Events -- includes natatorium and wet locker room usage Eden Prairie based team - hourly Per hour 211.00$ 216.50$ 3% Eden Prairie based team - day long meet Per day 1,800.00$ 1,850.00$ 3% Non-Eden Prairie based team - hourly Per hour 427.50$ 441.25$ 3% Non-Eden Prairie based team - day long meet Per day 3,420.00$ 3,530.00$ 3% Special Event Staffing Per hour 28.00$ 36.00$ 29% Community Center Rental Fees & Charges City of Eden Prairie 2019-2020 Fee Changes % change '19 to '2020202019 ITEM - ACTIVITY DESCRIPTION Fee Type Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Group 1 Group 2 Group 3COMMUNITY CENTER RENTALS See Attachment B for Group Defini See Attach B for Group Definitions Meeting Room Rentals Two hour minimum. All meeting rooms include AV and white boards, wi fi and customized room set up included. Request must be submitted to the Department Coordinator or Customer Service Representative a minimum of two weeks prior to requested date. Times and dates must not conflict with an existing program or activity. City programs have priority. Eden Prairie Athletic Associations receive one free meeting room use per month. Cambria Room hourly + tax 55.00$ 60.00$ 75.00$ 60.00$ 65.00$ 80.00$ 9%8%7% Lounge Room EP Athletic Associations receive one free meeting room use per month hourly + tax 30.00$ 40.00$ 55.00$ 35.00$ 45.00$ 60.00$ 17%13%9% 110 EP Athletic Associations receive one free meeting room use per month hourly + tax 35.00$ 45.00$ 60.00$ 45.00$ 55.00$ 70.00$ 29%22%17% 112 EP Athletic Associations receive one free meeting room use per month hourly + tax 30.00$ 40.00$ 55.00$ 35.00$ 45.00$ 60.00$ 17%13%9% Meeting Room 101 EP Athletic Associations receive one free meeting room use per month hourly + tax 25.00$ 30.00$ 45.00$ 30.00$ 35.00$ 50.00$ 20%17%11% Meeting Room 201 EP Athletic Associations receive one free meeting room use per month hourly + tax 40.00$ 50.00$ 65.00$ 50.00$ 60.00$ 75.00$ 25%20%15% Meeting Room 203 EP Athletic Associations receive one free meeting room use per month hourly + tax 15.00$ 20.00$ 35.00$ 20.00$ 25.00$ 40.00$ 33%25%14% Meeting Room 203 & 204 combined EP Athletic Associations receive one free meeting room use per month hourly + tax 30.00$ 40.00$ 60.00$ 35.00$ 45.00$ 70.00$ 17%13%17% Other Room Rentals Gymnasium (1 court)hourly + tax 40.00$ 50.00$ 70.00$ 50.00$ 60.00$ 80.00$ 25%20%14% Gymnasium (Full gym)hourly + tax 60.00$ 70.00$ 90.00$ 70.00$ 80.00$ 110.00$ 17%14%22% Studio A Based on short term, non-private revenue generating group availability hourly + tax 41.50$ 41.50$ 41.50$ 45.00$ 45.00$ 45.00$ 8%8%8% Studio B Based on short term, non-private revenue generating group availability hourly + tax 31.50$ 31.50$ 31.50$ 35.00$ 35.00$ 35.00$ 11%11%11% Studio C Based on short term, non-private revenue generating group availability hourly + tax 41.50$ 41.50$ 41.50$ 40.00$ 40.00$ 40.00$ -4%-4%-4% The Cage hourly + tax 30.00$ 40.00$ 45.00$ 40.00$ 40.00$ 40.00$ 33%0%-11% Other Rentals Fitness Instructors Per instructor, per hour hourly + tax 42.00$ 42.00$ 42.00$ 45.00$ 45.00$ 45.00$ 7%7%7% 2019 Community Center Rental Fees & Charges City of Eden Prairie 2019-2020 Fee Changes 2020 % Change '19-'20 ITEM - ACTIVITY DESCRIPTION Fee Type Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 SENIOR CENTER See Attachment B for Group DefinitioSee Attach B for Group Definitions Senior Center Rental All meeting rooms include AV and white boards, WiFi, and customized room set up. There is a 2 hour minimum on all room rentals. Community Rm/ Kitchen Two Rooms (no lounge) - hourly rental hourly + tax 45.00$ 50.00$ 55.00$ 50.00$ 55.00$ 60.00$ 11%10%9% Community Rm/ Kitchen Two Rooms (no lounge) - full day rental (6-10 hours)plus tax 270.00$ 300.00$ 330.00$ 300.00$ 330.00$ 360.00$ 11%10%9% Lounge Lounge only hourly + tax 25.00$ 30.00$ 35.00$ 28.00$ 33.00$ 40.00$ 12%10%14% Room 200 Approx. 10-15 people hourly + tax 20.00$ 25.00$ 30.00$ 22.00$ 28.00$ 33.00$ 10%12%10% Room 201 - hourly rental Approx. 40 people theater style, 25 to 30 table seating hourly + tax 35.00$ 40.00$ 45.00$ 39.00$ 44.00$ 50.00$ 11%10%11% Room 201 - full day rental (6-10 hrs)Approx. 40 people theater style, 25 to 30 table seating plus tax 210.00$ 240.00$ 270.00$ 234.00$ 264.00$ 300.00$ 11%10%11% Room 203 Approx. 25 people theater style, 15 to 20 table seating hourly + tax 25.00$ 30.00$ 35.00$ 28.00$ 33.00$ 40.00$ 12%10%14% Room 209 Approx. 10 to 15 hourly + tax 20.00$ 25.00$ 30.00$ 22.00$ 28.00$ 33.00$ 10%12%10% Woodshop Approx. 8-10 people - 2 hour minimum hourly + tax 25.00$ 30.00$ 35.00$ 28.00$ 33.00$ 40.00$ 12%10%14%ITEM - ACTIVITY DESCRIPTION Fee 2020 Type Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 PARK FACILITIES See Attach B for Group Definitions Park Facilities Rental Rates include one building supervisor No private group of over 300 will be allowed to reserve facilities at any park (max. at Staring Park is 150) Eden Prairie School District Programs charged only direct cost for all parks during the school day. Crestwood Park Building Full Day - Maximum capacity varies plus tax 100.00$ same for all 110.00$ same for all 10% Homeward Hills Barn 1/2 Day - Maximum capacity varies plus tax 165.00$ same for all 175.00$ same for all 6% Homeward Hills Barn Full Day - Maximum capacity varies plus tax 225.00$ same for all 250.00$ same for all 11% Miller Park Building Full Day - Maximum capacity varies plus tax 100.00$ same for all 110.00$ same for all 10% Edenvale Park Building Full Day - Maximum capacity varies plus tax 100.00$ same for all 110.00$ same for all 10% Forest Hills Park Building Full Day - Maximum capacity varies plus tax 100.00$ same for all 110.00$ same for all 10% Nesbitt Preserve Park Building Full Day - Maximum capacity varies plus tax 100.00$ same for all 110.00$ same for all 10% Prairie View Park Building Full Day - Maximum capacity varies plus tax 100.00$ same for all 110.00$ same for all 10% Purgatory Creek Park Lambert Pavilion 1/2 Day - Maximum capacity varies plus tax 160.00$ same for all 165.00$ same for all 3% Purgatory Creek Park Lambert Pavilion Full Day - Maximum capacity varies plus tax 215.00$ same for all 220.00$ same for all 2% Riley Lake Park Pavilion 1/2 Day - Maximum capacity varies plus tax 165.00$ same for all 175.00$ same for all 6% Riley Lake Park Pavilion Full Day - Maximum capacity varies plus tax 225.00$ same for all 250.00$ same for all 11% Riley-Jacques Barn Per hour - 4 hour minimum hourly + tax 75.00$ same for all 80.00$ same for all 7% Riley-Jacques Barn Full Day - 10 hours or more plus tax 750.00$ same for all 800.00$ same for all 7% Round Lake Park Building 1/2 Day - Maximum capacity varies plus tax 125.00$ same for all 135.00$ same for all 8% Round Lake Park Building Full Day - Maximum capacity varies plus tax 165.00$ same for all 175.00$ same for all 6% Round Lake Pavilion 1/2 Day - Maximum capacity varies plus tax 135.00$ same for all 165.00$ same for all 22% Round Lake Pavilion Full Day - Maximum capacity varies plus tax 180.00$ same for all 210.00$ same for all 17% Staring Lake Park Amphitheatre Per hour - 2 hour minimum hourly + tax 65.00$ same for all 70.00$ same for all 8% Staring Lake Park Building 1/2 Day - Maximum capacity varies plus tax 125.00$ same for all 175.00$ same for all 40% Staring Lake Park Building Full Day - Maximum capacity varies plus tax 165.00$ same for all 250.00$ same for all 52% Staring Lake Park Building Per hour - 2 hour minimum hourly + tax 60.00$ 65.00$ new in 2020 Staring Lake Park Building Birthday Parties 2 hours, up to 15 participants plus tax 129.00$ same for all new in 2020 Staring Lake Pavilion Full Day - Maximum capacity varies plus tax 110.00$ same for all new in 2020 Warming Houses - 2 hour minimum Supervision required - 2 hour minimum - Dec 15 to Mar 1 hourly + tax 10.00$ 20.00$ 30.00$ 35.00$ same for all 250%-100% % Change '19-'202019 % Change '19-'202020 Parks & Recreation Rental Fees & Charges City of Eden Prairie 2019-2020 Fee Changes 2019 ITEM - ACTIVITY DESCRIPTION 2019 2020 % change '19 to '20 ROUND LAKE MARINA Rental Canoe Rental Per unit 7$ 8$ 14% Kayak Rental Per unit 7$ 8$ 14% ORGANIZED ATHLETICS NOTE: Tournament fees are dependent on the size/scope of the tournament and may be changed at the City's discretion to ensure the health and safety of the public. Ball Field Tournaments Addt'l charge for Unscheduled Lights Service Charge 30$ 35$ 17% Field Maintenance Workers (2)Per hour 70$ 80$ 14% Community Athletic Facility Use Basketball, Tennis, Pickleball & Volleyball Per hour per court 12$ 13$ 8% ART CENTER Open Studio Daily Access Per person, does not include instruction 6$ 7$ 17% Quarterly Access Per person, does not include instruction 25$ 30$ 20% Annual Access Per person, does not include instruction 90$ 110$ 22% Clay Firing, Full Kiln Open studio member (not in a class)30$ 35$ 17% FORESTRY Administrative fee - tree/weed ordinance violations Flat charge is added to the current balance due to obtain the certified amount 60$ 65$ 8% SNOW REMOVAL Administrative fee - snow removal ordinance violation Flat charge is added to the current balance due to obtain the certified amount 60$ 65$ 8% Parks and Recreation Fees & Charges City of Eden Prairie 2019-2020 Fee Changes ITEM - ACTIVITY DESCRIPTION 2019 2020 % change '19 to '20 PLEASANT HILLS CEMETERY Ground Thawing: November 1 - April 1 Cremation burial 50$ 75$ 50% Internment Burial fees are direct cost from contractor. These could adjust mid-year due to contractor price increase. Cremation burial 350$ 375$ 7% Cemetery Fees & Charges City of Eden Prairie 2019-2020 Fee Changes Community Development 2019-2020 Fee Changes ITEM - ACTIVITY DESCRIPTION 2019 2020 % change '19 to '20 ASSESSING Custom Reports Basic set-up Fee Per hour minimum 40.00$ new in 2020 Electronic copy Actual cost Paper copy Per page 0.25$ new in 2020 Assessing Fees & Charges City of Eden Prairie 2019-2020 Fee Changes Public Works 2019-2020 Fee Changes ITEM - ACTIVITY DESCRIPTION 2019 2020 % change '19 to '20 ENGINEERING GIS Services Custom mapping fee - per hour minimum 40$ 45$ 13% Custom GIS analysis fee - per hour minimum 70$ 75$ 7% Digital GIS Data Requests 2ft contours - per sq mile 130$ 135$ 4% Spot elevation point data - per sq mile 130$ 135$ 4% Base map data - citywide data 150$ 155$ 3% Small Wireless Facilities Small Wireless Facility Permit Application Fee 570$ new in 2020 Permit for Right-of-Way Excavations Any right-of-way permit obtained subsequent to work done or obstructions placed in a public right-of-way will be two times the fee amount shown below Mainline utility and telecommunication installations (per 100/L.F.)60$ 65$ 8% Placement of utility and telecommunication in existing conduit or aerial (per 100/L.F.)15$ 16$ 7% Repair or service excavation Turf area 70$ 75$ 7% Repair or service excavation Pavement area 140$ 150$ 7% Residential driveway each 70$ 75$ 7% Commercial driveway each 120$ 130$ 8% All other excavations Turf area 70$ 75$ 7% All other excavations Pavement area 140$ 150$ 7% Delay Fees per day for Arterial roadways 1,000$ 1,100$ 10% per day for Collector roadways 500$ 525$ 5% per day for residential and local roadways 100$ 110$ 10% Permit extension fee 50$ new in 2020 Street Signs 9 button delineator-red Includes post & install 160$ 165$ 3% 9 button delineator-red Includes breakaway post & install 185$ 190$ 3% Future road extension advisory Includes 2 posts & install - 36" x 30"355$ 365$ 3% Keep right symbol Includes 9 button delin-yellow, no post 190$ 195$ 3% Keep right symbol Includes 9 button delin-yellow, install, post 230$ 235$ 2% Keep right symbol Includes 9 button delin-yellow, install & breakaway post 260$ 265$ 2% No outlet Includes post & install - 24" x 24"175$ 180$ 3% No parking Includes post & install - Used for Turn-Around 195$ 200$ 3% Engineering Fees & Charges City of Eden Prairie 2019-2020 Fee Changes ITEM - ACTIVITY DESCRIPTION 2019 2020 % change '19 to '20 Engineering Fees & Charges City of Eden Prairie 2019-2020 Fee Changes Stop sign Includes brackets, install, no post - 30" x 30"190$ 195$ 3% Stop sign Includes brackets, install, with post - 30" x 30"240$ 250$ 4% Street name sign Includes install with 12' post - 6" x 6"320$ 330$ 3% Street name sign Includes install with 12' post - 6" x 9"350$ 360$ 3% Street name sign Includes install with 12' post - 9" x 9"370$ 380$ 3% Temporary street name sign Plus 15% surcharge for maintenance until permanent signs in place 220$ 225$ 2% Bagging existing traffic sign(s) permit fee 65$ new in 2020 Temporary "No Parking" sign(s) permit fee 65$ new in 2020 Weight Restrictions Truck overweight/oversize permit fee Per trip 75$ 80$ 7% Other Licenses Refuse & garbage collectors Annual - 1st Vehicle 160$ 165$ 3% Refuse & garbage collectors Annual - Each additional vehicle 35$ 40$ 14% Special Assessment Searches Non-resident Per parcel 25.00$ 30.00$ 20% Other Fees Street obstruction fee plus traffic control (if City supplied)130.00$ 135.00$ 4% ITEM - ACTIVITY DESCRIPTION 2019 2020 % change '19 to '20 UTILITIES - USER CHARGES RESIDENTIAL Sanitary sewer Sanitary sewer Per 1,000 gallons 3.45$ 3.55$ 3% Water (Residential) Per 1,000 gallons Tier 1 0 to 20,000 gallons 2.25$ 2.35$ 4% Tier 2 20,001 to 40,000 gallons 3.10$ 3.25$ 5% Tier 3 40,001 to 60,000 gallons 4.25$ 4.45$ 5% Tier 4 60,001 and above 5.70$ 5.95$ 4% Water All Other Classes (includes commercial, apartments, institutions, etc)2.35$ 2.45$ 4% Base Charges Each R.E.C. will be billed: one-half base charge for water and one-half base charge for sewer 36.00$ 39.00$ 8% Base charges are billed on the greater of the number of R.E.C.'s on connections Storm Drainage Single-family homes/Multi-family homes Each 15.10$ 16.30$ 8% Apartments Per acre rates 149.85$ 161.90$ 8% Parks / open space / golf course / rail road Per acre rates 20.80$ 22.50$ 8% Undeveloped land Each 49.95$ 54.00$ 8% COMMERCIAL Sanitary sewer Sanitary sewer Per 1,000 gallons 3.45$ 3.55$ 3% Water All Other Classes (includes commercial, apartments, institutions, etc)2.35$ 2.45$ 4% Base charges Each R.E.C. will be billed: one-half base charge for water and one-half base charge for sewer 14.30$ 15.50$ 8% Base charges are billed on the greater of the number of R.E.C.'s on connections Storm Drainage - Commercial Industrial Per acre rates 50.00$ 54.00$ 8% Commercial/office Per acre rates 63.90$ 69.00$ 8% Institutions Per acre rates 56.65$ 61.20$ 8% Airport/landfill Per acre rates 12.45$ 13.45$ 8% Penalty for billed charges: 1% per month on account not paid within 30 days of billing. A residential equivalent connection (R.E.C.) is one dwelling unit. The minimum monthly use charge for uses other than residential shall be the same as 1 R.E.C Utilities Fees & Charges City of Eden Prairie 2019-2020 Fee Changes ITEM - ACTIVITY DESCRIPTION 2019 2020 % change '19 to '20 Utilities Fees & Charges City of Eden Prairie 2019-2020 Fee Changes Parks / open space / golf course / rail road Per acre rates 6.95$ 7.50$ 8% Undeveloped land Each 16.65$ 18.00$ 8% IRRIGATION Irrigation only Meters Residential and Other Classes. Irrigation billed 6 months of the year. Tier 1 0 to 13,000 gallons 3.10$ 3.25$ 5% Tier 2 13,001-20,000 gallons 4.25$ 4.45$ 5% Tier 3 20,001 and above 5.70$ 5.95$ 4% UTILITIES - OTHER FEES Other Charges Unmetered residential sewer only use charges fee per quarter per R.E.C. plus sewer base charge 55.55$ 60.00$ 8% Administrative fee Flat charge is added to the current balance due to obtain the total certified amount 60.00$ 65.00$ 8% Estimate read fee After 3 consecutive estimate reads, and customer has not scheduled an appt. with the water plant a nonrefundable monthly fee will be added 50.00$ 55.00$ 10% Water/Fill Station Per 1,000 gallons purchased at tanker fill station at 14100 Technology Drive 4.50$ 5.00$ 11% Fire Hydrant Use / Meter for Construction and Irrigation Permit 49.00$ 50.00$ 2% 3" meter deposit Refundable 2,500.00$ 3,750.00$ 50% All other meter deposits Refundable 600.00$ 1,350.00$ 125% New Construction Coli Form Bacteria Resampling Flat fee per resample (based on City's cost to perform work)50.00$ new in 2020 New Construction Mechanical Reinspections Flat fee per reinspection 55.00$ new in 2020 System Access Charges - Utility Charges For Metro sanitary sewer as established by the Metropolitan Waste Commission System Access Charges - Utility Charges Sanitary Sewer Residential Per R.E.C.710$ 730$ 3% Industrial, commercial, public, office Per Metro SAC 1,270$ 1,310$ 3% System Access Charges - Utility Charges Water Residential Per R.E.C.3,100$ 3,190$ 3% Industrial, commercial, public, office Per Metro SAC 4,030$ 4,150$ 3% Water/Sewer Connection Trunk sewer and water (per acre)sewer 60%, water 40% 8,691$ 8,708$ 0.2% A connection fee per single unit is applicable if the property has not 22,103$ 22,147$ 0.2% participated in the cost of the utilities by other methods. Police 2019-2020 Fee Changes ITEM - ACTIVITY DESCRIPTION 2019 2020 % change '19 to '20 POLICE FEES & CHARGES Data Processing Duplicating, audio/video recording 10$ 5$ -50% Police Officer Supplemental Employment Police Officer Supplemental Employment Per hour - Min. charge is three hours 95$ 100$ 5% Police Officer Supplemental Employment Per hour - Min. charge is three hours (time worked on double-time holiday)125$ 135$ 8% Police Fees & Charges City of Eden Prairie 2019-2020 Fee Changes Fire 2019-2020 Fee Changes ITEM - ACTIVITY DESCRIPTION 2019 2020 % change '19 to '20 Fire Department Fees & Charges Fees will be imposed on any response in which the victim is not an Eden Prairie taxpayer Engine company Per hour 270$ 300$ 11% Ladder company Per hour 325$ 350$ 8% Rescue, grass rig, or rescue boat Per hour 165$ 275$ 67% Specialized Personnel Chief Officer, Investigator Per hour 90$ 125$ 39% Firefighter supplemental employment Per 3 hour block - Minimum 50.00$ 75.00$ 50% charge of three hours Fire Department Fees & Charges City of Eden Prairie 2019-2020 Fee Changes ITEM - ACTIVITY DESCRIPTION 2019 2020 % change '19 to '20 BUILDING INSPECTIONS Fire Alarm & Non-Water Suppression $1 to $2,000 95.00$ 100.00$ 5% $2,001 to $25,000 1st $2,000 plus $23.55 each add'l $1,000 or fraction thereof, to & including $25,000 95.00$ 100.00$ 5% $25,001 to $50,000 1st $25,000 plus $17.25 each add'l $1,000 or fraction thereof, to & including $50,000 606.75$ 641.65$ 6% $50,001 to $100,000 1st $50,000 plus $12.00 each add'l $1,000 or fraction thereof, to & including $100,000 1,014.25$ 1,072.90$ 6% $100,001 to $500,000 1st $100,000 plus $9.65 each add'l $1,000 or fraction thereof, to & including $500,000 1,581.75$ 1,672.90$ 6% $500,001 to $1,000,000 1st $500,000 plus $7.95 each add'l $1,000 or fraction thereof, to & including $1,000,000 5,221.75$ 5,532.90$ 6% $1,000,001 & up 1st $1,000,000 plus $6.40 each add'l $1,000 or fraction thereof 8,971.75$ 9,507.90$ 6% Fire Prevention Permits Fireworks - display Plus standby firefighters at present hourly rate.135$ 145$ 7% Fireworks - sales Maximum rate set by the State - $100 non-exclusive, $350 exclusive Flammable & combustible liquid tank removal -- Less than 1,000 gallons (fee is per tank)110$ 115$ 5% Flammable & combustible liquid tank removal -- Greater than 1,000 gallons (fee is per tank)255$ 270$ 6% Grease vapor removal system cleaning (fee is per cleaning)135$ 145$ 7% LP gas, flammable & combustible liquid tank install (fee is per tank)285$ 300$ 5% LP gas tank (temporary heat) > 100 gallons (fee is per tank)95$ 100$ 5% Annual Fire Code Permit - Storage & Use Maximum of 3 per site 220$ 235$ 7% Fuel dispensing facilities (new, addition, or alteration) per location 95$ 100$ 5% Fire Sprinkler Systems $1 to $2,000 95.00$ 100.00$ 5% $2,001 to $25,000 1st $2,000 plus $23.55 each add'l $1,000 or fraction thereof, to & including $25,000 95.00$ 100.00$ 5% $25,001 to $50,000 1st $25,000 plus $17.25 each add'l $1,000 or fraction thereof, to & including $50,000 606.75$ 641.65$ 6% $50,001 to $100,000 1st $50,000 plus $12.00 each add'l $1,000 or fraction thereof, to & including $100,000 1,014.25$ 1,072.90$ 6% $100,001 to $500,000 1st $100,000 plus $9.65 each add'l $1,000 or fraction thereof, to & including $500,000 1,581.75$ 1,672.90$ 6% $500,001 to $1,000,000 1st $500,000 plus $7.95 each add'l $1,000 or fraction thereof, to & including $1,000,000 5,221.75$ 5,532.90$ 6% $1,000,001 & up 1st $1,000,000 plus $6.40 each add'l $1,000 or fraction thereof 8,971.25$ 9,507.90$ 6% Heating & Ventilating - Job Valuation $10,001 to $50,000 1st $10,000 plus $21.15 for each add'l $1,000 or fraction thereof, to and incl. $50,000 256.00$ 269.50$ 5% $50,001 and up 1st $50,000 plus $17.00 for each additional $1,000 or fraction thereof 1,054.00$ 1,115.50$ 6% Building Inspections Fees & Charges City of Eden Prairie 2019-2020 Fee Changes Office of the City Manager 2019-2020 Fee Changes ITEM - ACTIVITY DESCRIPTION Frequency FACILITIES EQUIPMENT RENTAL AND STAFF TIME Audio-Visual Equipment (tax included) Dry erase board (3'x5') with markers 7.50$ 7.75$ 3% Easel 5.00$ 5.25$ 5% Extra pad of paper each 12.00$ 12.50$ 4% Flipchart/dry erase (24"x30") with paper 10.00$ 10.50$ 5% LCD Projector daily rental each 50.00$ 52.00$ 4% Microphone/stand & speakers 15.00$ 15.50$ 3% Microphone, wireless hand-held or clip-on and speakers 20.00$ 21.00$ 5% Podium, floor model 7.50$ 7.75$ 3% Screen, projection (tripod stand) 6'x6'10.00$ 10.50$ 5% Building Supervisor Monday-Thurs, 5:00 p.m. - 10:00 p.m.hourly 30.00$ 31.00$ 3% Weekends hourly 45.00$ 46.00$ 2% Custodial Time and a half will be charged on weekends hourly 40.00$ 42.00$ 5% CITY CENTER MEETING ROOM RENTALS 2019 2020 % change '19 to '20 Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 ** All rooms must be vacated by 10:00 p.m. The heritage room is an official emergency shelter for the City Center. Reservations may be rescheduled or canceled in case of emergency. Reservation fees will be returned accordingly.See Attach B for Group Definitions See Attach B for Group Definitions See Attach B for Group Definitions ** Standard room set up is included in the fee. Additional set up charges will be incurred for round tables and special room arrangements at a rate of $30/hr. Atrium I Conference Room (2 hr. minimum rental) Standard conference = seats 10; 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 35.00$ 40.00$ 45.00$ 40.00$ 45.00$ 50.00$ 14%13%11% Limited availability; City priority Atrium II Conference Room (2 hr. minimum rental) Standard conference = seats 6; 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm) hourly 35.00$ 40.00$ 45.00$ 40.00$ 45.00$ 50.00$ 14%13%11% Limited availability; City priority Atrium III Conference Room (2 hr. minimum rental) Standard conference = seats 10; 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 35.00$ 40.00$ 45.00$ 40.00$ 45.00$ 50.00$ 14%13%11% Limited availability; City priority Council Chamber Restricted use; Standard set-up; No food/beverages; hourly 70.00$ 80.00$ 95.00$ 80.00$ 90.00$ 105.00$ 14%13%11% Facility and/or AV technician required w/extra charge ($40.00/hr after hours); AV tech required for broadcast events only. Heritage Room (one quarter)(2 hr. minimum rental) Limited set-up; Maximum capacity = 40 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 40.00$ 45.00$ 50.00$ 45.00$ 50.00$ 55.00$ 13%11%10% Heritage Room (half)(2 hr. minimum rental) Maximum capacity = 100 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 50.00$ 60.00$ 70.00$ 55.00$ 65.00$ 75.00$ 10%8%7% Heritage Room (whole)(2 hr. minimum rental) Maximum capacity = 200 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 65.00$ 75.00$ 105.00$ 70.00$ 80.00$ 110.00$ 8%7%5% Lower Atrium (2 hr. minimum rental) Maximum capacity = 100. Limited availability w/special arrangements; hourly 50.00$ 60.00$ 70.00$ 55.00$ 65.00$ 75.00$ 10%8%7% 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm) Prairie Room (2 hr. minimum rental) 2020 % change '19 to '202019 Facilities Equipment and Room Rental Fees & Charges City of Eden Prairie 2019-2020 Fee Changes ** Room rentals are tax exempt ITEM - ACTIVITY DESCRIPTION Frequency 2020 % change '19 to '202019 Facilities Equipment and Room Rental Fees & Charges City of Eden Prairie 2019-2020 Fee Changes Standard conference = seats 18; 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 35.00$ 40.00$ 45.00$ 40.00$ 45.00$ 50.00$ 14%13%11% Limited availability; City priority Garden Conference Room (2 hr. minimum rental) Maximum capacity = 40. 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 40.00$ 50.00$ 60.00$ 45.00$ 55.00$ 65.00$ 13%10%8% GARDEN ROOM 2019 2020 % change '19 to '20 Garden Room Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Security per hour if alcohol is served hourly 95.00$ 95.00$ 95.00$ 100.00$ 100.00$ 100.00$ 5%5%5% CITY COUNCIL AGENDA SECTION: Public Hearings / Meetings DATE: December 3, 2019 DEPARTMENT / DIVISION: Rick Getschow City Manager, Administration ITEM DESCRIPTION: Resolution Certifying the 2020 Property Tax Levy, Adopting the 2020 Budget, and Approving the 2020 HRA Tax Levy ITEM NO.: IX.D. Requested Action Move to: • Adopt a resolution certifying the 2020 Property Tax levy to be $39,621,102; and • Approve the 2020 Budget of $51,610,456 as reviewed by the Council; and • Approve the HRA tax levy and budget of $200,000. Synopsis On September 3, 2019, the Eden Prairie City Council adopted a resolution certifying the proposed 2020 City budget and property tax levy. Calculations for the City showed the budget to be $51,610,456 and the certified levy to be $39,621,102 before fiscal disparities distribution. The net tax levy after fiscal disparities distribution of ($2,046,407) is $37,574,695. The 2020 budget is balanced with revenues equaling expenditures. The 2020 proposed budget maintains City services with a budget increase of 3.3% in the general fund and also a total budget increase of 3.1% which includes the capital levy and debt service payments. The tax levy is budgeted to increase 3.4%. According to state statute, the final levy amount must be certified to the county auditor by December 30, 2019. City Council adoption of the final levy and budget will complete this process. Attachments Resolution Budget Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- A RESOLUTION CERTIFYING THE 2020 TAX LEVY AND ADOPTING THE 2020 BUDGET WHEREAS, the City Council has reviewed the budget recommended by the City Manager, listened to public comment, and discussed the proposals and tax levy for the 2020 Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie, County of Hennepin, Minnesota, that the following sums of money be levied upon the taxable property in said City for the following purposes: Taxes to be Levied Against Tax Capacity General Fund 36,668,102$ Capital Improvements 400,000 Bonds and Interest 2012B SouthWest Fire Station 310,000 2014A Tax Abatement Bonds 0 Tax Capacity Levy for Certification 37,378,102 Less Fiscal Disparities Distribution 2,046,407 Net Tax Collectible 35,331,695 Taxes to be Levied Against Market Value 2011C Park Bonds 165,000 2012A Park Bonds 681,000 Market Value Tax Levy for Certification 846,000 Tax Abatement 1,397,000 Total Net Tax Collectible 37,574,695$ Funds have been provided for principal and interest payments on all bond issues except as shown above, and no other levies are required (as shown in Exhibit 2). BE IT FURTHER RESOLVED that, with the conclusion of the Proposed Property Tax and Budget Hearing process, the City Council approves the 2020 Budget totaling $51,610,456. BE IT FURTHER RESOLVED that the council consents and approves the 2020 HRA tax levy of $200,000. ADOPTED by the Eden Prairie City Council this 3rd day of December, 2019. _____________________________ Ronald A. Case, Mayor ATTEST: _____________________________ Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIES LEVIED YEAR 2019, COLLECTED YEAR 2020 EXHIBIT 2 Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of other repayment sources. Date of Amount of Required Levy Actual Levy OUTSTANDING DEBT WITH REQUIRED LEVY Issue Issue 2019/2020 2019/2020 G.O. Park Bonds 2011C 12/01/11 $4,455,000 $246,572 $165,000 G.O. Park Bonds 2012A 03/01/12 $5,110,000 $698,414 $681,000 G.O. Capital Imrpovement Crossover Refunding Bonds 2012B 02/21/12 $3,170,000 $327,712 $310,000 G.O. Tax Abatement Bonds 2014A 06/17/14 $17,155,000 $1,472,323 $1,397,000 GRAND TOTAL 2,745,020$ $2,553,000 City of Eden Prairie 2020/2021 Proposed Budget City Council Meeting December 3, 2019 1 Table of Contents Table of Contents ............................................................................................................................. 1 Budget Overview ............................................................................................................................. 2 City Survey ...................................................................................................................................... 5 Tax Base ...........................................................................................................................................7 Tax Levy and Budget ....................................................................................................................... 9 Debt Levy ....................................................................................................................................... 10 Capital Levy.................................................................................................................................... 11 General Fund Revenue Budget ...................................................................................................... 12 General Fund Expenditure Budget ................................................................................................ 15 Housing and Redevelopment Authority (HRA) ............................................................................ 21 Conclusion .................................................................................................................................... 22 2 Budget Overview The 2020/2021 proposed budget provides the resources to achieve the City’s goals for Eden Prairie citizens. These goals are part of the Eden Prairie Promise and are embedded in the City’s vision, mission and performance measures. We are continuing to meet the needs of residents while finding ways for improvement and keeping costs affordable. The City Council 2020/2021 budget objectives include the following: Achieve City Goals • Community Well-being & Safety • High Quality Efficient Services • Preserved & Beautiful Environment • Sense of Community • Innovative & Sustainable Practices • Economic Vitality Provide Value to Citizens • Maintain High Quality City Services • Reasonable Tax Impacts Maintain Employee Morale and Engagement • Implement efficiencies and innovations that motivate employees to continually improve the organization and providing salary changes that are consistent with public and private sector trends Maintain Strong Financial Position • Maintain Bond Rating o Approve a Balanced Budget o Maintain Fund Balance Policies o Conservative Estimates of Revenues and Expenditures o Review fees and charges annually, at a minimum adjust for inflation o Capital Planning The City Council is emphasizing the following areas to achieve City Goals for this budget cycle: o Affordable Housing Implement Housing Task Force o Sustainability City-wide Energy Action Plan 3 City Solar LED lights Organics Yard Waste Drop-Off Site Pollinators/”Keep the Prairie in Eden Prairie” Fleet Electrification Emerald Ash Borer Program o Transportation Oversee Light Rail Transit construction in Eden Prairie and over $20,000,000 in road improvement projects Bridge Inspections and MSA Counts o Sense of Community/Community Identity PeopleFest Hometown Celebration: July 3-4 Art Events and Initiatives Entry Monument signs Promoting historic properties Provide ways to engage with City Government: • City Government Academy • “Real Talk with Rick” Podcast • Engagement through technology: Online Engagement Platform, Social Media, City Website, Email/Text Subscriptions, EP See Click Fix o Public Safety Add two additional police officers due to increased mental health and other calls, increased training requirements, and maintenance of minimum staffing levels. Add Officer to the Joint Terrorism Task Force. o Parks and Recreation Open new Staring Lake Building These goals and the related costs are interwoven in various sections of the budget. Many times the costs are almost entirely staff time, and do not require significant financial investment. Some of the costs are capital costs and included in the City’s Capital Improvement Plan, which is separate from the general fund budget. The budget process started in March with the review of the Community Survey and will end in December with final approval and adoption of the budget. The process to date and future planned activities include the following: 4 Internal Budget Process • 2018 – Complete City-Wide work plans • March/April - Internal service fund budgets prepared by managers • April 18 - Budget kick-off meeting • May/June – Department meeting held on 2018 financial results • May 24 - Staff budget preparation work due • June - Departmental budget meetings held • City Manager, Directors, and Finance prepare for City Council Workshop Council Process • March 2 – City Council Planning Session • March 5 – City Council Workshop on the Community Survey • May 21 – City Council Workshop o Council accepts 2018 financial results o Council adopts financial policies • July 16 - City Council Workshops • September 3 - Council adopts a preliminary tax levy and budget • November 12 – City Council Workshop on Enterprise Funds • December 3 - Public Meeting and Council adopts final tax levy and budget 5 City Survey The 2018 Quality of Life Survey provided residents the opportunity to rate the quality of life in the City of Eden Prairie, as well as the quality of service delivery and overall workings of local government. The survey also permitted residents to provide feedback to government on what is working well and what is not, and to share their priorities for community planning and resource allocation. The City uses the biannual citizen survey as one input tool for the budget. Key Findings Eden Prairie is a desirable place to live and raise a family. • Eden Prairie residents continue to boast a high quality of life, with 95% awarding excellent or good marks in 2018, which eclipsed averages seen across the nation, Minnesota and Central Region municipalities with populations over 15,000. Residents’ high ratings for safety services contribute to their quality of life, though they have increasing concerns regarding youth crime and drugs. • Residents commended safety services, such as fire, Hennepin County EMS, police and crime prevention, with each assigned excellent or good marks by 9 in 10 or more. Eden Prairie participants’ reviews for police and crime prevention outperformed all other municipality comparisons. Community parks, recreation and natural environment continue to be a highlight. • More than 9 in 10 residents revealed admiration for the overall natural environment and opportunities for education and enrichment, maintaining standards set in previous years and outshining national, Minnesota and North Central communities with populations over 15,000. Residents praise their City services. • In 2018, about 9 in 10 residents assigned high scores to the overall quality of services provided by the City of Eden Prairie, on par with 2016, but higher than 2014 levels. This measure eclipsed national, North Central and Minnesota comparisons. Eden Prairie’s economy shines, but affordability could be an issue in the future. • Ninety-two percent of survey participants provided excellent or good assessments to the overall economic health of Eden Prairie, which surpassed ratings in communities elsewhere in the U.S., Minnesota and communities in the North Central Region with populations over 15,000. 6 The survey provides valuable input and demonstrates evidence of overall satisfaction with City services. The survey provided feedback on some concerns regarding affordable housing. The City Council goals include initiatives on affordable housing. 7 Tax Base The ability to levy and collect taxes is based on property market values, tax capacities, and the City’s tax rate. Below is a history of the City’s market value of all residential and commercial property since 2011. The current estimated market value for taxes payable in 2020 is a market value increase to $11.1 billion, which is a 4.4% increase over 2019. The table below shows the history of market value, adjusted net tax capacity and the City tax rate since 2017. There is a slight decrease in the tax rate from 2019 to 2020. 0 2,000,000,000 4,000,000,000 6,000,000,000 8,000,000,000 10,000,000,000 12,000,000,000 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020Market ValueYear 2017 2018 2019 2020 Market Value $9.9 Billion $10.2 Billion $10.6 Billion $11.1 Billion Adjusted Net Tax Capacity $102,110,421 $106,602,759 $112,559,846 $116,680,538 City Tax Rate 32.48% 32.34% 31.52% 31.48% 8 Below summarizes the City’s tax impact for residential, apartment, and commercial properties based on current information from the County. Staff has calculated that a $360,000 change in the tax levy will impact the median value home by 1% or $13.00. Below summarizes the total tax impact by taxing authority for the median value home. One of the goals of the budget is to continue to improve Eden Prairie’s relative position in fiscal comparisons with comparable cities. Eden Prairie is in the lower half of taxes paid for the single value home when compared to the other Minnesota Legislative Commission (MLC) cities as can be seen by the graph below. Percent Property Type 2018/2019 2019/2020 Difference Change Residential ($413,800)1,292$ 1,334$ 42$ 3.3% Apartment ($5M)19,327$ 20,057$ 730$ 3.8% Commercial ($2M)7,879$ 7,724$ (155)$ (2.0%) Percent Entity 2019 2020 Difference Change Hennepin County 1,746$ 1,754$ 8$ 0.5% City of Eden Prairie 1,292 1,334 42 3.3% School District 1,718 1,758 40 2.3% Metro Spec Tax District 102 102 - 0.0% Other Districts 263 277 14 5.3% Total 5,121$ 5,225$ 104$ 2.0% 9 The cities that belong to the commission have similar characteristics including receiving limited revenue from the State and are contributors to the fiscal disparity pool. Tax Levy and Budget Below summarizes the proposed total tax levy and budget. Tax Levy $500 $700 $900 $1,100 $1,300 $1,500 $1,700 $1,900 $2,100 City Tax 2019 2019 2020 Percent 2021 Percent Fund Adopted Proposed Difference Change Proposed Difference Change General Fund 35,325,724$ 36,668,102$ 1,342,378$ 3.8% 38,061,490$ 1,393,387$ 3.8% Capital Improvement Fund 400,000 400,000 - 0.0% 400,000 - 0.0% Debt Levy 2,553,000 2,553,000 - 0.0% 2,553,000 - 0.0% Sub-total 38,278,724 39,621,102 1,342,378 3.5% 41,014,490 1,393,387 3.5% Less Fiscal Disparity Distribution (1,954,297) (2,046,407) (92,110) 4.7% (2,046,407) - 0.0% Total Levy 36,324,427$ 37,574,695$ 1,250,268$ 3.4% 38,968,083$ 1,393,387$ 3.7% 10 Budget Debt Levy For 2020 and 2021 debt payments supported by the tax levy are projected to remain 5% to 6% of the general fund budget. The City has a policy of maintaining a percentage of 5% to 15% of the general fund budget as we consider this to be a moderate debt burden. Moody’s Investors Service has assigned a rating of Aaa to the City of Eden Prairie’s (MN) bond for every debt issue since 2003, the highest rating from Moody’s. Standard & Poor’s has also assigned a rating of AAA to the City of Eden Prairie’s bonds outstanding, their higher rating as well. This ensures the City receives the most competitive interest rates. The City’s bond ratings reflect Eden Prairie’s extensive and diversified tax base, low amount of rapidly amortized debt, and capably managed operations. Of the 854 cities in Minnesota, there are only 14 rated Aaa by Moody’s Investors Service and 19 rated AAA by Standard & Poor’s. For 2020 and 2021, the total debt levy is the same as 2019 or $2,553,000. The City currently has four bonds that are supported by the debt levy. These include bonds for the SouthWest Fire Station, for Park Improvements including the community center, park, and trails, and for the Aquatics expansion at the Community Center. 2019 2020 Percent 2021 Percent Fund Adopted Proposed Difference Change Proposed Difference Change General Fund $47,101,720 $48,657,456 $1,555,736 3.3%$50,102,474 $1,445,018 3.0% Debt 2,553,000 2,553,000 - 0.0% 2,553,000 - 0.0% Capital Levy 400,000 400,000 - 0.0% 400,000 - 0.0% Total City Budget $50,054,720 $51,610,456 $1,555,736 3.1%$53,055,474 $1,445,018 2.8% 11 Below summarizes the detail of the 2020/2021 debt levy. Capital Levy The City prepares a ten-year capital improvement plan and updates the plan every other year. The Capital Improvement and Maintenance fund (CIMF) pays for capital projects that do not have another funding source, for example, playground replacement, repair and expansion of trails, parks – parking lot maintenance, public safety radio replacement, etc. The CIMF is funded through liquor operations profit, rental income, antenna revenue, a tax levy, miscellaneous revenue, and one-time funds the City receives. The capital levy is the same amount as 2019 and is $400,000 annually. 2019 2020 Percent 2021 Percent Debt Levy Adopted Proposed Difference Change Proposed Difference Change Debt Levy on Tax Capacity 2012B SouthWest Fire Station 310,000 310,000 - 0.0% 280,000 (30,000) (9.7%) 2014 Tax Abatement 1,397,000 1,397,000 - 0.0% 1,397,000 - 0.0% Sub-total 1,707,000 1,707,000 - 0.0% 1,677,000 (30,000) (1.8%) Debt Levy on Market Value 2011C Parks Referendum 696,000 165,000 (531,000) (76.3%)- (165,000) (100.0%) 2012A Parks Referendum 150,000 681,000 531,000 354.0% 876,000 195,000 28.6% Sub-total 846,000 846,000 - 0.0% 876,000 30,000 3.5% Total 2,553,000$ 2,553,000$ -$ 0.0% 2,553,000$ -$ 0.0% 12 General Fund Revenue Budget Below summarizes the 2020/2021 proposed General Fund Revenue Budget. Property tax revenue is the single largest source of revenue and the City strives to balance increases in property taxes with the demand for City services. Property taxes account for 74% of the General Fund budget. The tax levy in the proposed budget is increasing 3.8% for 2020 and 2021. Charges for services is the second largest revenue source and accounts for 13% of the General Fund Budget. Charges for services are increasing $92,861 or 1.5% in 2020 and $137,439 or 2.2% in 2021. Licenses and permits revenue is the third largest revenue source to the General Fund and accounts for 8% of the General Fund revenues. Licenses and permits are increasing $53,746 or 1.4% for 2020 and remains flat for 2021. Significant items to note include the following: • Building permit and fees revenue is budgeted to increase $134,680 or 6% in 2020. This budget was held flat for 2021 as we budget a higher increase every other year. The below history shows acutal amounts to 2018 and then budgeted amounts to 2021. 2019 2020 Percent 2021 Percent Revenue Adopted Proposed Difference Change Proposed Difference Change Taxes 34,644,210$ 35,959,740$ 1,315,530$ 3.8% 37,325,260$ 1,365,520$ 3.8% Licenses and Permits 3,801,034 3,854,780 53,746 1.4% 3,855,780 1,000 0.0% Intergovernmental Revenue 1,311,182 1,299,222 (11,960) (0.9%) 1,299,222 - 0.0% Charges for Services 6,238,695 6,331,556 92,861 1.5% 6,468,995 137,439 2.2% Other Revenue 1,106,599 1,212,158 105,559 9.5% 1,153,217 (58,941) (4.9%) Total 47,101,720$ 48,657,456$ 1,555,736$ 3.3% 50,102,474$ 1,445,018$ 3.0% $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Building Permits & Fees Budget vs Actual Actual Budget 13 • Cable TV is decreasing $124,000 or 13.6% in 2020 and remains flat for 2021. As you can see from the graph below, cable revenue dropped for the first time in 2018. Staff budgeted 2019 revenue based on the positive trend that did not occur. $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 CABLE TV REVENUE 14 Intergovernmental revenue (IGR) includes Federal and State grants, State aid, and other local grants. During the legislative session PERA aid ($52,384) was eliminated as the legislature did not reauthorize this revenune source. Below is a history of Intergovernmental Revenue. Other revenues that the General Fund receives consist of fines and penalties, contributions, interest income, reimbursements and transfers–in. These revenues make-up 2.5% of General Fund revenues. $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Intergovernmental revenue Police Pension Aid Fire Relief Assoc. Aid Other Intergovernmental Revenue 15 General Fund Expenditure Budget Expenditures are proposed to increase 3.3% in 2020 and 3.0% in 2021. The following graph shows the budget changes by category: Since the City provides significant services to the community, wages and benefits make up 62% percent of the general fund budget. The most significant categories include wages, pension and taxes, health insurance, part-time wages, and workers compensation insurance. Other significant costs include amounts to maintain facilities, fleet services, information 2019 2020 Percent 2021 Percent Expenses Adopted Proposed Difference Change Proposed Difference Change Administration 4,430,402$ 4,734,458$ 304,056$ 6.9% 4,707,669$ (26,789)$ (0.6%) Community Development 2,485,582 2,450,407 (35,175) (1.4%) 2,538,978 88,571 3.6% Parks and Recreation 12,365,693 13,020,985 655,292 5.3% 13,382,734 361,749 2.8%Police 15,216,401 15,729,265 512,864 3.4% 16,385,600 656,335 4.2% Fire 6,383,002 6,348,571 (34,431) (0.5%) 6,579,014 230,443 3.6% Public Works 6,070,640 6,353,770 283,130 4.7% 6,488,479 134,709 2.1% Transfers 150,000 20,000 (130,000) (86.7%) 20,000 - 0.0% Total 47,101,720$ 48,657,456$ 1,555,736$ 3.3% 50,102,474$ 1,445,018$ 3.0% Revenues Less Expenses -$ -$ -$ 0.0%-$ -$ 0.0% Wages and Benefits, $969,097 Other Contracted Services, $55,575 Electricity, $13,963 Fleet Services, $53,849 Information Technology, $229,862 Facilities, $177,302 Other, $56,088 16 technology, and electricity. These items make up another 23% of the budget. All other items make up 15% of the budget. The chart below illustrates the make-up of the budget. Wages and Benefits, $30,125,311 Other Contracted Services, $1,100,555 Electricity, $1,091,880 Fleet Services, $2,474,293 Information Technology, $2,413,480 Facilities, $5,352,621 Other, $6,099,316 17 Below provides information on the significant items in the budget. Full-Time Wages With a staff of 228 full-time employees, the City provides its residents and businesses with a full range of municipal services consisting of police and fire protection, street maintenance, recreation programs, park maintenance, community and economic development, and building inspections. Wages are proposed to increase 4.4% in 2020 and 3.1% in 2021. This includes a 3% base increase, step increases and performance pay. Through staff turnover, the City usually sees budget reductions as new staff are many times hired at a lower rate. However, new employees earn step increases and performance pay until they reach the target rate for their position, which then adds additional increases to the budget. The budget includes hiring two new polices officers and the addition of a Deputy City Clerk position. The City prepares the budget for wages by looking at trends within the private sector labor market and our local government peer group. Based on the compensation trends we are seeing, we are proposing a 3% wage increase in 2020 and 2021. This proposal is in line with our peer cities and the private sector. We must continue to provide similar increases as the private sector and our public sector peer cities to remain competitive. Wages – Part time Wages part-time are increasing $279,479 or 11.1% in 2020 and decreasing $65,652 or 2.4% in 2021. The 2020 increase includes $120,000 for elections, $17,000 for a sustainability intern, $30,000 for the new yard waste drop-off site, $28,000 increase for the art center to increase offerings, additional trainings, and new studio tech staff, and $12,000 for a planning intern to implement Aspire Eden Prairie. For 2021, the election budget was decreased as we move into a year without an election. Volunteer Wages/Duty Crew Volunteer wages are increasing $57,698 or 6.5% in 2020 and $28,426 or 3% in 2021. The duty crew model was implemented in July of 2012. The budget is increasing due to increases in duty crew wages and additional duty crew coverage. 18 Fire Relief Pension Plan Firefighters of the City of Eden Prairie are members of the Eden Prairie Firefighter Relief Association. The Association is the administrator of the single-employer defined benefit pension plan available to firefighters. The plan is administered pursuant to Minnesota Statutes Chapter 69, Chapter 424A, and the Association’s by-laws. As of December 31, 2017, membership includes 100 active participants, 97 retirees and beneficiaries currently receiving benefits, and 20 terminated employees entitled to benefit but not yet receiving them. Minnesota Statues specifies minimum support rates required on an annual basis by the City. The Association completes an actuarial study every two years which documents the required contribution from the City. For 2020, the required amount is $677,535 annually, which is $290,991 less than 2019. An updated actuarial will be completed for the 2021 budget. The City receives Fire Relief Pension Aid from the State of approximately $450,000, which offsets the City’s required contribution. PERA The City pays public employees retirement (PERA) benefits for all eligible employees. Generally, all full time employees and part-time employees, who earn more than $5,100 a year, are PERA eligible. The City currently contributes 7.50% of salary for PERA except for the police and fire employees where the percent is 17.7% for 2020 and 2021. The City also pays 7.65% of salary for FICA except for police and fire where the percentage is 1.45%. The City has budgeted $3,569,818 and $3,720,979 for PERA/FICA in 2020 and 2021. Health Insurance The City periodically conducts a Request for Proposal (RFP) process to procure health insurance. State law requires that the City issue a RFP every five years. In 2017, the City Council approved a five-year health insurance contract with HealthPartners for 2018 to 2022. The rate cap for 2020 and 2021 is 8% but our rates are increasing 7.0% each year due to keeping the HSA/HRA payments to employees the same. Workers Compensation The workers compensation user charge is changing from $570,496 in 2019 to $538,215 in 2020 which is a 5.7% decrease. Our current experience modification rating (EMR) is .63. Since 2011, the number has ranged from 1.06 to .62. When the EMR is lower, our workers compenstaon costs are less due to positive claims experience. The average EMR, or the point at which the City is said to be no more or no less risky than another, is 1.0. If our EMR dips below 1.0, we are considered safer than most, which translates to lower premiums. Also, 19 workers compensation rates for each employee category can change (increase and decrease) every year. For 2021 the charge is budgeted to increase to $554,285 which is a 3% increase. 0.85 0.89 0.98 1.06 0.96 0.81 0.62 0.62 0.63 Experince Modifcation Workers Compensation - Experience Modification 20 Facilities User Charges The Facilities Division is responsible for building related operations, preventative maintenance, remodeling, and long-term maintenance programs of the facilities owned by the City. The buildings include the City Center, Community Center, Outdoor Center, Art Center, Maintenance Facility, four Fire Stations, park shelters, and historical buildings. Facilities charges back to the internal users for these services. Facility user charges are increasing from $5,175,319 in 2019 to $5,352,621 in 2020, which is an increase of $177,302, or a 3.4% increase. For 2021, charges are increasing to $5,520,672 or 3.1%. IT User Charges The Information Technology Division is responsible for providing strategic technology direction and managing and implementing IT governance processes in support of City leadership. IT develops and implements IT operational policies and standards, manages contracts for IT services with various service providers, and coordinates major citywide activities including: • General PC/Phone Systems Support; • Network Wellness (Network Hardware/Servers/Enterprise Applications); • Application Analysis, Implementation and Support and; • Technology Analysis, Recommendation and Implementation. IT charges back to the internal users for these services. For the General Fund, IT user charges are increasing from $2,183,618 in 2019 to $2,413,480 in 2020 a 10.5% increase. For 2021, $2,514,443 is budgeted which is a 4.2% increase. Some changes for 2020 software maintenance going forward include: • Upgrade to Office 365 single enterprise license includes Office, Exchange, Windows 10, SQL, and Data Center licenses from 2019 to 2021, $55,000 • Move Website hosting maintenance from Communications to IT $13,000 • Move several applications from Fire to IT, $18,000 • Ultipro adjustment, $30,000 The Information Technolgy Divison helps to manage approximately 90 different software applications. 21 Fleet Services User Charges Fleet services provides and maintains a safe, high quality, reliable and efficient fleet of vehicles and equipment. They manage approximately 300 vehicles and large pieces of equipment. The fleet includes police and fire vehicles, snowplows, dump trucks, pickup trucks and autos. Fleet Services is also continuing sustainability efforts this budget cycle to implement additional plug-in electric vehicles and improve building electrical infrastructure to support more electric vehicle charging stations. Fleet Services charges back to the internal users for these services. Fleet services user charges for the general fund are increasing 2.2% in 2020 to $2,474,293 and increasing 2.7% in 2021 to $2,541,310. The Fleet Services budget is able to hold fairly constant through this budget cycle primarily due to the relative stability of fuel prices, regular maintenance of the fleet, and the City’s continued efforts to conserve fuel and improve vehicle and equipment fuel economy. Housing and Redevelopment Authority (HRA) In 1980, the City of Eden Prairie established a Housing and Redevelopment Authority for the City. The HRA may spend resources for the following: • to provide a sufficient supply of adequate, safe, and sanitary dwellings in order to protect the health, safety, morals, and welfare of the citizens of this state; • to clear and redevelop blighted areas; • to perform those duties according to comprehensive plans; • to remedy the shortage of housing for low and moderate income residents, and to redevelop blighted areas, in situations in which private enterprise would not act without government participation or subsidies. Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of taxable market value. The levy limit for the City of Eden Prairie HRA is approximately $1.9M. In 2006, the Council approved the HRA levy for the first time. The HRA levies and pays for wages and benefits related to the support of housing in the City. It includes staff time from Housing and Community Services, Community Development, Planning, and Administration of Rental Housing Licensing. Wages and benefits total $187,046 for 2020 and $196,469 for 2021. Other City resources for housing on an annual basis include: 22 • Tax Increment Financing, $1,400,000 • Community Development Block Grant, $300,000 to $500,000 • General Fund – Housing Inspections, 125,000 • HRA, $200,000 Amounts provided are 2020 estimates. Conclusion This document is intended to provide information on the proposed 2020/2021 City of Eden Prairie budget. If you have any questions about the budget contact a member of the finance team or the individual operating areas. CITY COUNCIL AGENDA SECTION: Public Hearing DATE: December 3, 2019 DEPARTMENT/DIVISION: Robert Ellis Public Works ITEM DESCRIPTION: Public Hearing for the City of Eden Prairie ADA Transition Plan for the Right of Way ITEM NO.: IX.E Requested Action Move to: Close the public hearing and adopt a resolution approving the City of Eden Prairie ADA Transition Plan for the Right of Way. Synopsis The Americans with Disabilities Act (ADA), enacted on July 26, 1990, is a civil rights law prohibiting discrimination against individuals on the basis of disability. Title II of ADA pertains to the programs, activities and services public entities provide. As a provider of public transportation facilities, the City of Eden Prairie must comply with this section of the Act as it specifically applies to public service agencies. Title II of ADA provides that, “…no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” As required by Title II of ADA, the City of Eden Prairie has conducted a self- evaluation of its facilities within public rights of way and has developed this Right of Way Transition Plan detailing how the organization will ensure that all of those facilities are accessible to all individuals. This document serves as a supplement to the City’s existing Transition Plan covering buildings, services, programs and activities. Background Information The City of Eden Prairie ADA Transition Plan for the Right of Way includes a purpose and need, identifies the Public Works Director position as the ADA Coordinator for right of way matters, summarizes a self-evaluation of all trails, sidewalks, curb ramps and traffic signals, highlights various policies and practices related to pedestrian facilities in the right of way, estimates an implementation and improvement schedule, and outlines a grievance procedure. Attachments • Resolution • Transition Plan • Published Notice CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- RESOLUTION APPROVING THE CITY OF EDEN PRAIRIE ADA TRANSITION PLAN FOR THE RIGHT OF WAY WHEREAS, The Americans with Disabilities Act (ADA), enacted on July 26, 1990, is a civil rights law prohibiting discrimination against individuals on the basis of disability; and WHEREAS, Title II of ADA pertains to the programs, activities and services public entities provide, and as a provider of public transportation facilities, the City of Eden Prairie must comply with this section of the Act; and WHEREAS, Title II of ADA provides that, “…no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.”; and WHEREAS, Title II of ADA requires the City of Eden Prairie to conduct a self-evaluation of its facilities within public rights of way and develop this Right of Way Transition Plan detailing how the organization will ensure that all of those facilities are accessible to all individuals; and WHEREAS, The City of Eden Prairie ADA Transition Plan for the Right of Way identifies the Public Works Director position as the ADA Coordinator for right of way matters, summarizes a self-evaluation of all trails, sidewalks, curb ramps and traffic signals, highlights various policies and practices related to pedestrian facilities in the right of way, estimates an implementation and improvement schedule, and outlines a grievance procedure. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie adopts the City of Eden Prairie ADA Transition Plan for the Right of Way. ADOPTED by the Eden Prairie City Council this 3rd day of December, 2019. Ronald A. Case, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk 12-03-2019 2 TABLE OF CONTENTS INTRODUCTION…………………………………………………………………………………..….……. 3 Transition Plan Need and Purpose………………………………………………….… 3 ADA and its Relationship to Other Laws……………………………………………. 3 Agency Requirements………………………………………………………………………. 4 PUBLIC RIGHT OF WAY ADA IMPLEMENTATION COORDINATOR…………………. 5 SELF-EVALUATION CONDITION ASSESSMENT……….………………………………….…. 5 Overview………………………………………………………………………………………….. 5 Summary…………………………………………………………………………………………. 5 POLICIES AND PRACTICES……………………………………………………………………….….… 6 Previous Practices……………………………………………………………………….……. 6 Policy………………………………………………………………………………………………… 6 IMPLEMENTATION AND IMPROVEMENT SCHEDULE…………………………..………… 7 Priority Areas……………………………………………………………………………………. 7 Schedule………………………………………………………………………………………...... 8 External Agency Coordination……………………………………………………….…. 8 PUBLIC OUTREACH…………………………………………………………………………………….… 8 GRIEVANCE PROCEDURE………………………………………..…………………………………..… 9 MONITOR PROGRESS………………………………………………………………………………….… 9 APPENDICES……………….………………………………………………………………………………… 10 A. Glossary of Terms……………………………………………………………………..… 11 B. Public Right of Way ADA Implementation Coordinator…………..…… 13 C. Self-Evaluation Results………………………………………………………………… 14 D. Priority Areas / Schedule / Budget Information…………………………… 23 E. Agency Practices and ADA Design Standards…………………………….… 31 F. Public Outreach …………….…………………………………………………………… 32 G. ADA Public Notice………………………………………………………………………. 33 H. Grievance Procedure………………………………………………………………..… 34 I. Grievance Form…………………………………………………………………………… 37 12-03-2019 3 INTRODUCTION Transition Plan Need and Purpose The Americans with Disabilities Act (ADA), enacted on July 26, 1990, is a civil rights law prohibiting discrimination against individuals on the basis of disability. ADA consists of five titles outlining protections in the following areas: 1. Employment 2. State and local government services 3. Public accommodations 4. Telecommunications 5. Miscellaneous provisions Title II of ADA pertains to the programs, activities and services public entities provide. As a provider of public transportation services and programs, the City of Eden Prairie must comply with this section of the Act as it specifically applies to public service agencies. Title II of ADA provides that, “…no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” (42 USC. Sec. 12132; 28 CFR. Sec. 35.130) As required by Title II of ADA, 28 CFR. Part 35 Sec. 35.105 and Sec. 35.150, the City of Eden Prairie will conduct a self-evaluation of its facilities within public rights of way and has developed this Right of Way Transition Plan detailing how the organization will ensure that all of those facilities are accessible to all individuals. This document serves as a supplement to the City’s existing Transition Plan covering buildings, services, programs and activities. ADA and its Relationship to Other Laws Title II of ADA is companion legislation to two previous federal statutes and regulations: the Architectural Barriers Acts of 1968 and Section 504 of the Rehabilitation Act of 1973. The Architectural Barriers Act of 1968 is a Federal law that requires facilities designed, built, altered or leased with Federal funds to be accessible. The Architectural Barriers Act marks one of the first efforts to ensure access to the built environment. Section 504 of the Rehabilitation Act of 1973 is a Federal law that protects qualified individuals from discrimination based on their disability. The nondiscrimination requirements of the law apply to employers and organizations that receive financial assistance from any Federal department or agency. Title II of ADA extended this coverage to all state and local government entities, regardless of whether they receive federal funding or not. 12-03-2019 4 Agency Requirements Under Title II, the City of Eden Prairie must meet these general requirements: Must operate their programs so that, when viewed in their entirety, the programs are accessible to and useable by individuals with disabilities (28 C.F.R. Sec. 35.150). May not refuse to allow a person with a disability to participate in a service, program or activity simply because the person has a disability (28 C.F.R. Sec. 35.130 (a). Must make reasonable modifications in policies, practices and procedures that deny equal access to individuals with disabilities unless a fundamental alteration in the program would result (28 C.F.R. Sec. 35.130(b) (7). May not provide services or benefits to individuals with disabilities through programs that are separate or different unless the separate or different measures are necessary to ensure that benefits and services are equally effective (28 C.F.R. Sec. 35.130(b)(iv) & (d). Must take appropriate steps to ensure that communications with applicants, participants and members of the public with disabilities are as effective as communications with others (29 C.F.R. Sec. 35.160(a). Must designate at least one responsible employee to coordinate ADA compliance [28 CFR Sec. 35.107(a)]. This person is often referred to as the "ADA Coordinator." The public entity must provide the ADA coordinator's name, office address, and telephone number to all interested individuals [28 CFR Sec. 35.107(a)]. Must provide notice of ADA requirements. All public entities, regardless of size, must provide information about the rights and protections of Title II to applicants, participants, beneficiaries, employees, and other interested persons [28 CFR Sec. 35,106]. The notice must include the identification of the employee serving as the ADA coordinator and must provide this information on an ongoing basis [28 CFR Sec. 104.(a)]. Must establish a grievance procedure. Public entities must adopt and publish grievance procedures providing for prompt and equitable resolution of complaints [28 CFR Sec. 35.107(b)]. This requirement provides for a timely resolution of all problems or conflicts related to ADA compliance before they escalate to litigation and/or the federal complaint process. This document has been created to specifically cover accessibility within the public right of way and does not include information on City programs, practices, or building facilities not related to public right of way. 12-03-2019 5 PUBLIC RIGHT OF WAY ADA IMPLEMENTATION COORDINATOR In accordance with 28 CFR 35.107(a), the City of Eden Prairie has identified an ADA Title II Coordinator to oversee the City’s policies and procedures. The City also has a Public Right of Way ADA Implementation Coordinator. Contact information for this individual is located in Appendix B. SELF-EVALUATION CONDITION ASSESSMENT Overview The City of Eden Prairie is required, under Title II of the ADA and 28CFR35.105, to perform a self- evaluation of its current transportation infrastructure policies, practices, and programs. This self- evaluation identifies the policies and practices that impact accessibility and examines how the City implements these policies. The goal of the self-evaluation is to verify that, in implementing the City policies and practices, the City is providing accessibility and not adversely affecting the full participation of individuals with disabilities. The self-evaluation also examines the condition of the City’s Pedestrian Circulation Route/Pedestrian Access Route) (PCR/PAR) and identifies potential need for PCR/PAR infrastructure improvements. This will include the sidewalks, curb ramps, bicycle/pedestrian trails, and traffic control signals that are located within the City’s right of way. Any barriers to accessibility identified in the self-evaluation, and the remedy to the identified barrier, are set out in this transition plan. Summary In 2018, the City of Eden Prairie completed an assessment of the following pedestrian facilities within its public right of way: Curb ramps at intersections Trails and sidewalks adjacent to roadways Traffic signals A detailed evaluation on how these facilities rate as compared to ADA standards is found in Appendix C and will be updated periodically. 12-03-2019 6 POLICIES AND PRACTICES Previous Practices Since the adoption of the ADA, the City of Eden Prairie has striven to provide accessible pedestrian features as part of its capital improvement projects. As additional guidance was made available as to the methods of providing accessible pedestrian features, the City updated its practices and procedures to accommodate these methods. Recently, there has been more standardization of design and construction practices that have assisted in the implementation of accessibility improvements. Training and exposure to construction projects has also aided in understanding the intricacies of making facilities accessible. Policy The City of Eden Prairie’s goal is to continue to provide accessible pedestrian features as part of City capital improvement projects. The City has established ADA design standards and procedures as detailed in Appendix E. These standards and procedures will be kept up to date with nationwide and local best management practices. The City will consider and respond to all accessibility improvement requests. All accessibility improvements that have been deemed reasonable will be scheduled consistent with other transportation priorities. The City will coordinate with external agencies to ensure that all new or altered pedestrian facilities within the City’s jurisdiction are ADA compliant to the maximum extent feasible. The City has adopted the following policies and procedures: City managed curb ramps located in the public right of way shall be inspected and their ADA compliance rated as follows. o Rating of 1 = No facility exists o Rating of 2 = Most ADA standards not met, and no truncated domes present o Rating of 3 = Some ADA standards met, and truncated domes present o Rating of 4 = All ADA standards met or has approved justification Curb ramps shall be made compliant to the extent feasible on the following types of improvement projects: o Stand-alone ADA retrofit projects o New and reconstructed roadway projects o New and reconstructed trail and sidewalk projects For roadway rehabilitation and resurfacing projects, curb ramps shall be improved on a case by case basis with curb ramps located in Priority Areas given additional consideration. 12-03-2019 7 City managed trails and sidewalks located in the right of way shall be inspected and the following ADA deficiencies identified at their exact location. o Cross Slope o Drainage o Driveway Interruption o Horizontal Obstruction or Permanent Obstacle o Running Slope Trails and sidewalks shall be made compliant to the extent feasible on the following types of projects: o Stand-alone ADA projects o New roadway, sidewalk, and trail projects o Roadway, sidewalk and trail reconstruction projects City owned traffic signals shall be inspected for ADA compliance. Traffic signals shall be made compliant to the extent feasible on the following types of projects: o Stand-alone ADA projects o New or upgraded traffic signal projects o Roadway reconstruction projects where at least one intersection approach is being reconstructed o New roadway installation projects Hennepin County and Minnesota Department of Transportation managed curb ramps, sidewalks, trails, and traffic signals should be inspected, rated, and addressed according to their organization’s respective ADA transition plans. Requests for accessibility improvements in the right of way can be submitted to the Public Right of Way ADA Implementation Coordinator. Contact information for the Public Right of Way ADA Implementation Coordinator is located in Appendix B. IMPLEMENTATION AND IMPROVEMENT SCHEDULE Priority Areas The City of Eden Prairie has identified specific areas as a priority for planned accessibility improvement projects. These areas have been selected due to their proximity to specific land uses such as high density housing, community facilities like libraries, schools and community centers, transit stations, and Southwest Transit bus stops, as well as feedback received from the public. The half-mile radius is used to encircle these priority areas and corresponds to the distance someone can walk in 10 minutes at 3 miles per hour. This radius was used because it is a widely recognized 12-03-2019 8 distance planners and researchers use in defining acceptable bus and light rail transit catchment areas, walksheds for young children accessing their school, and lengths the average person living in an urban area will walk to obtain goods and services. The Priority Areas in no particular order are as follows: Half a mile from light rail and bus transit stations Half a mile from community facilities Half a mile from high and medium-high density housing Half a mile from Southwest Transit bus stops Curb ramps located within multiple Priority Areas that overlap shall receive the greatest consideration when determining where to make ADA improvements. Schedule The City of Eden Prairie has set the following schedule goals for improving the accessibility of its pedestrian facilities within the City’s jurisdiction: A systematic approach to providing accessibility will be taken in order to absorb the cost into the City’s budget for improvements to the public right of way. An average of 88 curb ramps are expected to be upgraded each year through planned capital reconstruction projects and private development improvements. After 20 years, 80% of the city’s 2,462 curb ramps will be ADA compliant. After 26 years all curb ramps should be compliant. External Agency Coordination Many other agencies are responsible for pedestrian facilities within the jurisdiction of the City of Eden Prairie. Those include, but may not be limited to Hennepin County, Carver County, Metro Transit, Southwest Transit, Minnesota Department of Transportation, and the cities of Minnetonka, Edina, Bloomington, and Chanhassen. The City will coordinate with those agencies to track and assist in the facilitation of the elimination of accessibility barriers along their routes. PUBLIC OUTREACH The City of Eden Prairie recognizes that public participation is an important component in the development of this document. Input from the community was solicited through the involvement of the City of Eden Prairie’s Human Rights and Diversity Commission. A public hearing was also held before the City Council adoption of this document. A summary of comments received and information regarding public outreach activities are located in Appendix F. 12-03-2019 9 GRIEVANCE PROCEDURE Under the Americans with Disabilities Act, each agency is required to publish its responsibilities in regards to the ADA. A draft of this public notice is provided in Appendix G. If users of the City of Eden Prairie’s facilities and services believe the City has not provided reasonable accommodation, they have the right to file a grievance. In accordance with 28 CFR 35.107(b), the City has developed a grievance procedure for right of way matters for the purpose of the prompt and equitable resolution of citizens’ complaints, concerns, comments, and other grievances. This grievance procedure is outlined in Appendix H. The grievance form can be found in Appendix I. MONITOR PROGRESS This document will continue to be updated as conditions within the City evolve. The Appendices in this document will be continually updated as facilities are upgraded. The city should perform periodic system wide self-assessments as the condition of trails, sidewalks and curb ramps age and deteriorate. That self-assessment may be necessary every five to ten years to accurately assign condition. The main body of this document will be updated as needed. With each main body update the Human Rights and Diversity Commission will be consulted and a public hearing held at a regularly scheduled City Council meeting. 12-03-2019 10 APPENDICES A. Glossary of Terms B. Public Right of Way ADA Implementation Coordinator C. Self-Evaluation Results D. Priority Areas / Schedule / Budget Information E. Agency Practices and ADA Design Standards F. Public Outreach G. ADA Public Notice H. Grievance Procedure I. Grievance Form 12-03-2019 11 Appendix A – Glossary of Terms ABA: See Architectural Barriers Act. ADA: See Americans with Disabilities Act. ADA Transition Plan: The City of Eden Prairie’s plan that identifies accessibility needs, the process to fully integrate accessibility improvements into the City’s Capital Improvement Program (CIP), and ensures all transportation facilities, services, programs, and activities are accessible to all individuals. ADAAG: See Americans with Disabilities Act Accessibility Guidelines. Accessible: A facility that provides access to people with disabilities using the design requirements of the ADA. Accessible Pedestrian Signal (APS): A device that communicates information about the WALK phase in audible and vibrotactile formats. Alteration: A change to a facility in the public right of way that affects or could affect access, circulation, or use. An alteration must not decrease or have the effect of decreasing the accessibility of a facility or an accessible connection to an adjacent building or site. Americans with Disabilities Act (ADA): The Americans with Disabilities Act; Civil rights legislation passed in 1990 and effective July 1992. The ADA sets design guidelines for accessibility to public facilities, including sidewalks and trails, by individuals with disabilities. Americans with Disabilities Act Accessibility Guidelines (ADAAG): contains scoping and technical requirements for accessibility to buildings and public facilities by individuals with disabilities under the Americans with Disabilities Act (ADA) of 1990. APS: See Accessible Pedestrian Signal. Architectural Barriers Act (ABA): Federal law that requires facilities designed, built, altered or leased with Federal funds to be accessible. The Architectural Barriers Act marks one of the first efforts to ensure access to the built environment. Capital Improvement Program (CIP): The CIP for the City includes an annual capital budget and a ten-year plan for funding the new construction and reconstruction projects in the City of Eden Prairie. 12-03-2019 12 Detectable Warning: A surface feature of truncated domes, built in or applied to the walking surface to indicate an upcoming change from pedestrian to vehicular way. DOJ: See United States Department of Justice Federal Highway Administration (FHWA): A branch of the US Department of Transportation that administers the federal-aid Highway Program, providing financial assistance to states to construct and improve highways, urban and rural roads, and bridges. FHWA: See Federal Highway Administration Pedestrian Access Route (PAR): A continuous and unobstructed walkway within a pedestrian circulation path that provides accessibility. Pedestrian Circulation Route (PCR): A prepared exterior or interior way of passage provided for pedestrian travel. PROWAG: An acronym for the Guidelines for Accessible Public Rights-of-Way issued in 2005 by the U. S. Access Board. This guidance addresses roadway design practices, slope, and terrain related to pedestrian access to walkways and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other components of public rights-of-way. Right of Way: A general term denoting land, property, or interest therein, usually in a strip, acquired for the network of streets, sidewalks, and trails creating public pedestrian access within a public entity’s jurisdictional limits. Section 504: The section of the Rehabilitation Act that prohibits discrimination by any program or activity conducted by the federal government. Uniform Accessibility Standards (UFAS): Accessibility standards that all federal agencies are required to meet; includes scoping and technical specifications. United States Access Board: An independent federal agency that develops and maintains design criteria for buildings and other improvements, transit vehicles, telecommunications equipment, and electronic and information technology. It also enforces accessibility standards that cover federally funded facilities. United States Department of Justice (DOJ): The United States Department of Justice (often referred to as the Justice Department or DOJ), is the United States federal executive department responsible for the enforcement of the law and administration of justice. 12-03-2019 13 Appendix B – Public Right of Way ADA Implementation Coordinator Name: Robert Ellis, Public Works Director Address: 8080 Mitchell Road, Eden Prairie, MN 55344 Phone: 952-949-8310 Fax: 952-949-8326 E-mail: rellis@edenprairie.org 12-03-2019 14 Appendix C – Self-Evaluation Results An initial self-evaluation of pedestrian facilities was completed in 2018. A summary of this self- evaluation can be found below and on the following maps. City managed curb ramps located in the right of way (2,462 total): Rating of 1 = No facility exists (3 ramps) Rating of 2 = Most ADA standards not met, and no truncated domes present (1,746 ramps) Rating of 3 = Some ADA standards met, and truncated domes present (512 ramps) Rating of 4 = All ADA standards met or has approved justification (201 ramps) City managed trails and sidewalks located in the right of way: Cross Slope (140 locations) Drainage (116 locations) Driveway Interruption (117 locations) Horizontal Obstruction or Permanent Obstacle (7 locations) Running Slope (76 locations) City owned traffic signals (16 total): Main Street Cross Street Compliant/Notes Mitchell Road Lone Oak Road No Mitchell Road Technology Drive No Mitchell Road Scenic Heights Drive No Technology Drive Southwest Station No/Upgrade in 2022 Technology Drive Prairie Center Drive No/Upgrade in 2022 Prairie Center Drive Singletree Lane No Prairie Center Drive Columbine Road No Prairie Center Drive Preserve Boulevard No/Upgrade 2019 Prairie Center Drive Prairie Lakes Drive No Prairie Center Drive West 78th Street No/Upgrade in 2027 Prairie Center Drive Viking Drive No Prairie Center Drive Valley View Road No Anderson Lakes Parkway Preserve Boulevard No/Upgrade in 2019 Anderson Lakes Parkway Columbine Road No Shady Oak Road Flying Cloud Drive Yes Valley View Road Washington Avenue No/Upgrade in 2024 12-03-2019 15 12-03-2019 16 12-03-2019 17 12-03-2019 18 12-03-2019 19 12-03-2019 20 12-03-2019 21 12-03-2019 22 12-03-2019 23 Appendix D – Priority Areas / Schedule / Budget Information Priorities The City of Eden Prairie has identified specific areas as a priority for planned accessibility improvement projects. These areas have been selected due to their proximity to specific land uses such as high density housing, community facilities like libraries, schools and community centers, transit stations, and Southwest Transit bus stops, as well as feedback received from the public. The Priority Areas in no particular order are as follows: Half a mile from light rail and bus transit stations Half a mile from community facilities Half a mile from high and medium-high density housing Half a mile for Southwest Transit bus stops Curb ramps located within multiple Priority Areas that overlap shall receive the greatest consideration when determining where to make ADA improvements. The following maps identify the locations of each of the Priority Areas described above. 12-03-2019 24 12-03-2019 25 12-03-2019 26 12-03-2019 27 12-03-2019 28 12-03-2019 29 Unit Prices Construction costs for upgrading facilities can vary depending on each individual improvement and conditions of each site. Costs can also vary on the type and size of project the improvements are associated with. Listed below are representative 2018 costs for typical accessibility improvements. These costs vary based on whether the curb ramp improvement is part of a larger roadway reconstruction project where economy of scale and constructability is more favorable, or a retrofit project where installation constraints and mobilization become more expensive for the contractor. Based on a review of the City’s 2019-2028 CIP it appears approximately 49% of all planned curb ramp improvements will be made through ADA retrofit programs and 51% through roadway reconstruction projects. The estimated cost to make the City’s curb ramps and traffic signals ADA compliant are listed below. 1,108 curb ramps as part of an ADA retrofit program ($7,000/each): $7,756,000 1,153 curb ramps as part of capital reconstruction projects ($4,000/each): $4,612,000 15 Traffic control signal APS retrofits ($40,000/each): $600,000 Total $12,968,000 Entire Jurisdiction Based on the results of the self-evaluation, the estimate costs associated with providing ADA accessibility at curb ramps and traffic signals within the entire jurisdiction is $12,968,000. This amount signifies a significant investment that the City of Eden Prairie is committed to making in the coming years. A systematic approach to providing accessibility will be taken in order to absorb the cost into the City’s budget for improvements to the public right of way. The table below summarizes projects that are anticipated to be completed between 2019 and 2028 in the City of Eden Prairie that will improve accessibility in the right of way. These projects represent improvements to an estimated 877 City managed curb ramps out of the 2,262 curb ramps with a rating of 1-3. At this level of expenditure it is estimated to take 20 years to complete 80% of all curb ramps improvements. Within 26 years all City managed curb ramps could be completed. 12-03-2019 30 Capital Improvement Project Description Program Year No. City Ramps Improved City West LRT Station Improvements 2019 0 Golden Triangle LRT Station Improvements 2019 3 Town Center LRT Station Improvements 2020 0 Southwest LRT and Bus Station Improvements 2019 6 Pioneer Trail (CSAH 1 to CSAH 1) 2021 6 CSAH 61 (Charlson to Carver County) 2019 0 Dell Road (Crestwood Terrace to CSAH 61) 2021-2022 2 Eden Prairie Road (Connections to CSAH 61) 2019 0 Preserve Blvd. (Prairie Center Dr. to Anderson Lakes Pky.) 2019 34 Annual Pavement Management Maintenance Project 2019-2028 150 General Road Reconstruction Projects 2020-2028 150 TH101 (Pleasant View Road to TH 5) 2027 3 Flying Cloud Drive (Shady Oak Rd. to Washington Ave.) 2024 0 Valley Road 2028 5 Anderson Lakes Parkway (Amsden Way to Franlo Road) 2028 8 CSAH 1 (Shetland Road to Carver County) 2028 0 Riverview Road (The Vintage to Purgatory Creek) 2023 1 W. 78th Street (Prairie Center Dr. to Washington Ave.) 2027 11 Prairie Center Drive and Franlo Road Signal Improvement 2027 12 Valley View Road and Shady Oak Road Signal Installation 2023 0 Scenic Heights Road (Village Woods to Red Rock Road) 2028 9 Duck Lake Trail (Dell Road to CR 4) 2025-2026 30 Duck Lake Road (Duck Lake Trail to S. Shore Lane) 2019 8 Valley View and TH 169 Interchange 2024 0 West 62nd Street (UHG to City West Station) 2020 0 West 70th St. ( Shady Oak Rd. to Golden Triangle Station) 2024 0 Flying Cloud Drive MCA Improvements 2023 0 LRT Project Improvements 2019-2020 15 South Singletree Streetscape 2019 4 North Singletree Streetscape 2020 2 Hennepin Town Road Turn Lane at CR 1 2019 0 Cumberland Road 2021 14 W. 78th Street and Den Road Intersection 2024 2 North-South Road (Singletree Rd to Town Center Station) 2025-2026 2 Trail Maintenance 2019-2028 280 New Trails and Sidewalks 2019-2028 0 Unidentified Private Development Projects 2019-2028 50 Unidentified Grant Projects 2019-2028 70 Total 877 12-03-2019 31 Appendix E – Agency Practices and ADA Design Standards Intersection Corners Curb ramps or blended transitions will attempt to be constructed or upgraded to achieve compliance with all reconstruction or new installation projects. There may be limitations which make it technically infeasible for an intersection corner to achieve full accessibility within the scope of any project. Those limitations will be noted and those intersection corners will remain in the transition plan. As future projects or opportunities arise, those intersection corners shall continue to be incorporated into future work. Regardless if full compliance can be achieved or not, each intersection corner shall be made as compliant as possible in accordance with the judgment of City staff. Sidewalks / Trails Sidewalks and trails will attempt to be constructed or upgraded to achieve compliance with all reconstruction or new installation projects. There may be limitations which make it technically infeasible for segments of sidewalks or trails to achieve full accessibility within the scope of any project. Those limitations will be noted and those segments will remain in the transition plan. As future projects or opportunities arise, those segments shall continue to be incorporated into future work. Regardless if full compliance can be achieved or not, every sidewalk or trail shall be made as compliant as possible in accordance with the judgment of City staff. Traffic Control Signals Traffic control signals will attempt to be constructed or upgraded to achieve compliance with all reconstruction or new installation projects. There may be limitations which make it technically infeasible for individual traffic control signal locations to achieve full accessibility within the scope of any project. Those limitations will be noted and those locations will remain in the transition plan. As future projects or opportunities arise, those locations shall continue to be incorporated into future work. Regardless if full compliance can be achieved or not, each traffic signal control location shall be made as compliant as possible in accordance with the judgment of City staff. Other Transit Facilities Additional transit facilities are present within the limits of the City of Eden Prairie. Those facilities fall under the jurisdiction of SouthWest Transit and Metro Transit. The City of Eden Prairie will work with SouthWest Transit and Metro Transit to ensure that those facilities meet all appropriate accessibility standards. Design Standards The City of Eden Prairie generally follows the most current design guidelines and standards established by the Minnesota Department of Transportation which can be found at the following link. https://www.dot.state.mn.us/ada/design.html 12-03-2019 32 Appendix F – Public Outreach On XX, 2019, the Draft Eden Prairie ADA Transition Plan was presented to the City of Eden Prairie Human Rights and Diversity Commission for input. Below is a copy of the Human Rights and Diversity Commission agenda and meeting minutes as well as a detailed summary of comments received and action taken. On XX, 2019, the Draft Eden Prairie ADA Transition Plan was presented at a public hearing at the Eden Prairie City Council meeting. Below is copy of the public hearing advertisement, Council meeting agenda, meeting minutes, as well as a detailed summary of comments received and action taken. 12-03-2019 33 Appendix G – ADA Public Notice Public Notice In accordance with the requirements of title II of the Americans with Disabilities Act of 1990, the City of Eden Prairie will not discriminate against qualified individuals with disabilities on the basis of disability in services, programs, or activities. Employment: The City does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the Americans with Disabilities Act (ADA). Effective Communication: The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City’s programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. Modifications to Policies and Procedures: The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities. For example, individuals with service animals are welcomed in City offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a City program, service, or activity, should contact the office of ADA Coordinator as soon as possible but no later than 48 hours before the scheduled event. The ADA does not require the City to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. The City will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. 12-03-2019 34 Appendix H – Grievance Procedure Grievance Procedure for Right of Way Matters Those wishing to file a formal written grievance with the City of Eden Prairie may do so by one of the following methods: Internet: Visit the City of Eden Prairie ADA website and click the link to the ADA Grievance Form. A copy of The ADA Grievance Form is included with this document in Appendix I. Telephone: Contact the pertinent City staff person listed in the Contact Information section of Appendix B to submit an oral grievance. The staff person will prepare and submit the grievance form on behalf of the person filing the grievance. Paper Submittal: Contact the pertinent City staff person listed in the Contact Information section of Appendix B to request a paper copy of the City’s grievance form, complete the form, and submit it to the Responsible Party. A staff person will utilize the Internet method above to submit the grievance on behalf of the person filing the grievance. The ADA Grievance Form will ask for the following information: The name, address, telephone number, and email address for the person filing the grievance. The name, address, telephone number, and email address for the person alleging an ADA violation (if different than the person filing the grievance). A description and location of the alleged violation and the nature of a remedy sought, if known by the complainant. If the complainant has filed the same complaint or grievance with the United States Department of Justice (DOJ), another federal or state civil rights agency, a court, or others, the name of the agency or court where the complainant filed it and the filing date. If the grievance filed does not concern a City of Eden Prairie facility, the City will work with the complainant to contact the agency that has jurisdiction. Within 60 calendar days of receipt, a City of Eden Prairie Public Works staff person will conduct an investigation necessary to determine the validity of the alleged violation. As a part of the investigation, the staff person may conduct an engineering study to help determine an appropriate response. The staff person will take advantage of department resources and use engineering judgment, data collected, and any information submitted by the resident to develop a conclusion. 12-03-2019 35 A staff person will be available to meet with the complainant to discuss the matter as a part of the investigation and resolution of the matter. The City will consider all specific grievances within its particular context or setting. Furthermore, the City will consider many varying circumstances including: 1) the nature of the access to services, programs, or facilities at issue; 2) the specific nature of the disability; 3) the essential eligibility requirements for participation; 4) the health and safety of others: and 5) the degree to which an accommodation would constitute a fundamental alteration to the program, service, or facility, or cause an undue hardship to the City of Eden Prairie. If the response by the City of Eden Prairie Public Works staff person does not satisfactorily resolve the issue, the complainant and/or their designee may appeal the decision within 15 calendar days after receipt of the response to the Human Rights and Diversity Commission. The Human Rights and Diversity Commission or their designee will meet with the complainant to discuss the complaint and the possible resolutions. The Human Rights and Diversity Commission liaison will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille or audio tape. The response will explain the position of the Human Rights and Diversity Commission and offer options for substantive resolution of the complaint. If the response by the Human Rights and Diversity Commission liaison still does not satisfactorily resolve the issue, the complainant and/or their designee may appeal the decision within 15 calendar days after receipt of the response to the City Manager. The City Manager will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the City Manager will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. Accordingly, the resolution by the City of Eden Prairie of any one grievance does not constitute a precedent upon which the City is bound or upon which other complaining parties may rely. The City will document each resolution of a filed grievance and retain such documentation in the department’s ADA Grievance in accordance with state and federal law. The City shall maintain ADA grievance files in accordance with state and federal law. Complaints on Title II violations may also be filed with the DOJ within 180 days of the date of discrimination. In certain situations, cases may be referred to a mediation program sponsored by the Department of Justice (DOJ). The DOJ may bring a lawsuit where it has investigated a matter and has been unable to resolve violations. For more information, contact: U.S. Department of Justice Civil Rights Division 12-03-2019 36 950 Pennsylvania Avenue, N.W. Disability Rights Section - NYAV Washington, D.C. 20530 www.ada.gov (800) 514-0301 (voice – toll free) (800) 514-0383 (TTY) Title II may also be enforced through private lawsuits in Federal court. It is not necessary to file a complaint with the DOJ or any other Federal agency, or to receive a "right-to-sue" letter, before going to court. 12-03-2019 37 Appendix I – Grievance Form Grievance Form for Right of Way Matters City of Eden Prairie – Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 Discrimination Complaint Form Instructions: Please fill out this form completely, in black ink or type. Sign and return to the address on the last page. Attach additional sheets if necessary. Complainant Name: _____________________________________________________________ Street Address: ___________________________________________________________ City, State and Zip Code: ___________________________________________________ Telephone (Home): ________________________________________________________ Telephone (Business): _____________________________________________________ Person Discriminated Against (if other than the complainant): _____________________ Address: ________________________________________________________________ City, State, and Zip Code: ___________________________________________________ Telephone (Home/Business or Both): _________________________________________ Government, or organization, or institution which you believe has discriminated: Name: __________________________________________________________________ Street Address: ___________________________________________________________ City: ____________________________________________________________________ County: _________________________________________________________________ State and Zip Code: _______________________________________________________ Telephone Number: _______________________________________________________ 12-03-2019 38 When was the issue discovered/when did the problem occur? (Date): _______________ Describe the issue in detail, providing the name(s) where possible of the individuals who have been contacted. (Add additional pages if necessary): ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Have prior efforts been made to resolve this complaint through the City of Eden Prairie grievance procedure? Yes☐ No ☐ If Yes: what is the status of the grievance? _____________________________________ ________________________________________________________________________ ________________________________________________________________________ Has the complaint been filed with another bureau of the Department of Justice or any other Federal, State, or local civil rights agency or court? Yes☐ No ☐ If Yes: Agency or Court: ______________________________________________ Contact Person: ____________________________________________________ Street Address: _____________________________________________________ City, State, and Zip Code: _____________________________________________ Telephone Number: _________________________________________________ 12-03-2019 39 Date Filed: _________________________________________________________ Do you intend to file with another agency or court? Yes☐ No ☐ If Yes: Agency or Court: ______________________________________________ Address: __________________________________________________________ City, State, and Zip Code: _____________________________________________ Telephone Number: _________________________________________________ Signature: ______________________________________________ Name: _________________________________________________ Date: _________________________________________________ 12-03-2019 40 Return to: Robert Ellis, Public Works Director Public Right of Way ADA Implementation Coordinator 8080 Mitchell Road, Eden Prairie, MN 55344 rellis@edenprairie.org NOTICE OF RIGHTS In accordance with the Minnesota Government Data Practices Act, the City of Eden Prairie is required to inform you of your rights as they pertain to the private information collected from you. Your personal information we collect from you is private. Access to this information is available only to you and the agency collecting the information and other statutorily authorized agencies, unless you or a court authorizes its release. The Minnesota Government Data Practices Act requires that you be informed that the following information, which you are asked to provide, is considered private. The purpose and intended use of the requested information is to assist City staff and designees to evaluate and respond to accessibility concerns within the public right of way. Authorized persons or agencies with whom this information may be shared include City of Eden Prairie officials, staff or designee. Furnishing the above information is voluntary, but refusal to supply the requested information will mean City staff may be unable to respond to or evaluate your request. MINN. STAT. §13.04(2) NOTICE OF HEARING ON ADOPTION OF CITY OF EDEN PRAIRIE ADA TRANSITION PLAN FOR THE RIGHT OF WAY Notice is hereby given that the City Council will meet at 7:00 p.m. on Tuesday, December 3, 2019 in the City Center, 8080 Mitchell Road, Eden Prairie, Minnesota, for the purpose of holding a Public Hearing to consider the adoption of an ADA Transition Plan for the Right of Way. The Americans with Disabilities Act (ADA), enacted on July 26, 1990, is a civil rights law prohibiting discrimination against individuals on the basis of disability. Title II of ADA pertains to the programs, activities and services public entities provide. As a provider of public transportation facilities, the City of Eden Prairie must comply with this section of the Act as it specifically applies to public service agencies. Title II of ADA provides that, “…no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” As required by Title II of ADA, the City of Eden Prairie has conducted a self-evaluation of its facilities within public rights of way and has developed this Right of Way Transition Plan detailing how the organization will ensure that all of those facilities are accessible to all individuals. The City of Eden Prairie ADA Transition Plan for the Right of Way includes a purpose and need, identifies the Public Works Director position as the ADA Coordinator for right of way matters, summarizes a self-evaluation of all trails, sidewalks, curb ramps and traffic signals, highlights various policies and practices related to pedestrian facilities in the right of way, estimates an implementation and improvement schedule, and outlines a grievance procedure. The proposed City of Eden Prairie ADA Transition Plan for the Right of Way is now on file with the City Clerk, located on the city website at www.edenprairie.org/ADA and in the office of the City Engineer and is open to inspection by all persons interested. All persons who wish to be heard with reference to this matter should be present at the hearing to provide either written or oral comments. By order of the City Council Published in the Eden Prairie News on November 21, 2019 CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: December 3, 2019 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: X. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 271276 - 271856 Wire Transfers 1024036 - 1024206 Wire Transfers 7342 – 7384 Purchasing Card 7378 City of Eden Prairie Council Check Summary Division Amount Division Amount 000 General 363,305 309 DWI Forfeiture 132 100 City Manager 47,958 315 Economic Development 642,233 101 Legislative 1,641 502 Park Development 847 110 City Clerk 7,028 509 CIP Fund 7,651 111 Customer Service 569 512 CIP Trails 80,476 112 Human Resources 391 513 CIP Pavement Management 756 113 Communications 9,320 522 Improvement Projects 2006 103,589 114 Benefits & Training 3,333 526 Transportation Fund 179,960 130 Assessing 586 532 EP Road Connect Flying Cloud 61,660 131 Finance 713 538 SingleTree Lane South 348 132 Housing and Community Services 9,744 804 100 Year History 97 136 Public Safety Communications 15,992 Total Capital Projects Fund 1,077,747 137 Economic Development 30 138 Community Development Admin.1,083 601 Prairie Village Liquor 141,157 150 Park Administration 8 602 Den Road Liquor 273,999 151 Park Maintenance 44,284 603 Prairie View Liquor 165,888 153 Organized Athletics 685 605 Den Road Building 1,426 154 Community Center 116,124 701 Water Enterprise Fund 250,760 156 Youth Programs 8,540 702 Wastewater Enterprise Fund 389,173 157 Special Events 1,805 703 Stormwater Enterprise Fund 73,695 158 Senior Center 3,530 Total Enterprise Fund 1,296,098 159 Recreation Administration 4,392 160 Therapeutic Recreation 49 802 494 Commuter Services 30,259 162 Arts 1,632 806 SAC Agency Fund 59,640 163 Outdoor Center 1,863 807 Benefits Fund 1,309,752 168 Arts Center 2,217 809 Investment Fund 1,238 180 Police Sworn 30,022 810 Workers Comp Insurance 137,413 184 Fire 78,926 811 Property Insurance 117,815 186 Inspections 5,175 812 Fleet Internal Service 190,755 200 Engineering 5,034 813 IT Internal Service 67,248 201 Street Maintenance 50,908 814 Facilities Capital ISF 2,101 202 Street Lighting 65,786 815 Facilites Operating ISF 43,566 Total General Fund 882,673 816 Facilites City Center ISF 80,896 817 Facilites Comm. Center ISF 120,513 301 CDBG 33,933 Total Internal Svc/Agency Fund 2,161,195 303 Cemetary Operation 1,078 312 Recycle Rebate 35,151 Report Total 5,487,875 Total Special Revenue Fund 70,162 City of Eden Prairie Council Check Register by GL 12/3/2019 Check #Amount Supplier / Explanation Account Description Business Unit Comments 271723 608,000 STEWART TITLE COMPANY Accounts Receivable Economic Development Fund TOD Grant - Elevate 271801 374,459 METROPOLITAN COUNCIL MCES User Fee Stormwater Non-Capital Dec19 Fees 271764 332,210 EBERT CONSTRUCTION Building General Fixed Asset Account Gr Staring Lake Pavilion 271775 282,995 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits December 2019 Premiums 7353 255,130 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll taxes PR Ending 10.25.19 271685 254,228 LEAGUE MN CITIES INS TRUST Insurance Workers Comp Insurance Work comp/Property/Casualty premiums 7375 252,801 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 11.08.19 7373 178,912 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 10.25.19 7351 177,143 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 10.11.19 271545 174,858 GL CONTRACTING INC Improvement Contracts Transportation Fund Spring Road Pedestiran Crossing Improv. 7368 120,921 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax Oct 2019 271802 109,470 MIDWAY FORD Autos Fleet - Park & Rec New Fleets 1024197 106,457 SRF CONSULTING GROUP INC Design & Engineering EP Rd Connect to Flying Cloud Preserve Blvd/EP Road 1024171 89,733 2ND WIND EXERCISE Capital Under $25,000 Fitness Center 1024204 89,006 XCEL ENERGY Capital Under $25,000 Senior Center 271536 80,476 CREATE CONSTRUCTION LLC Other Contracted Services CIP Trails 271790 76,254 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1024087 65,646 XCEL ENERGY Electric Street Lighting 271807 64,821 MINNESOTA VALLEY ELECTRIC COOPERATIVE Contract Svcs - Electrical Riley Creek Woods 7348 60,766 USBANCORP Principal Fire 271721 59,044 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 7378 52,907 USB-PURCHASING CARD Employee Award Pool Maintenance 271561 49,282 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1024191 45,915 PARROTT CONTRACTING INC Equipment Repair & Maint Stormwater Collection 1024054 45,234 ADVANCED ENGINEERING & ENVIRONMENTAL SE Software Improvement Projects 2006 1024078 35,151 REPUBLIC SERVICES #894 Other Contracted Services Recycle Rebate 271675 29,335 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 271835 26,709 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 271506 25,844 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - Tenant Cost 7355 24,619 EMPOWER Deferred Compensation Health and Benefits 7377 24,559 EMPOWER Deferred Compensation Health and Benefits 1024062 23,571 DIVERSE BUILDING MAINTENANCE Janitor Service Housing and Human Svcs 1024119 23,348 DIVERSE BUILDING MAINTENANCE Janitor Service Housing and Human Svcs 1024145 22,548 XCEL ENERGY Electric City Center - CAM 7354 22,489 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1024187 20,573 LOGIS Network Support IT Capital 271831 20,139 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 7376 18,274 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1024103 17,875 NORTHLAND MECHANICAL CONTRACTORS Other Contracted Services Rehab 271703 17,567 PRECISE MRM LLC Capital Under $25,000 Snow & Ice Control 271520 17,132 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 271688 16,037 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 1024075 15,882 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Pool Maintenance 271682 15,730 LANDMARK REMODELING LLC Accounts Receivable TIF-Eden Shores Senior Housing 7360 15,424 NCR MERCHANT SOLUTIONS Bank and Service Charges Prairie View Liquor Store 271823 15,351 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 271674 15,278 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 271592 15,165 PURE FILTRATION LLC Repair & Maint. Supplies Water Treatment 7357 14,751 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments 271756 14,719 COMMERCIAL ASPHALT CO Patching Asphalt Stormwater Collection 271750 14,582 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 271773 14,258 GRAYMONT Treatment Chemicals Water Treatment 271547 14,190 GRAYMONT Treatment Chemicals Water Treatment 271602 14,016 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 271788 13,956 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1024077 13,591 POMP'S TIRE SERVICE INC Tires Fleet Operating 271745 13,401 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 271635 12,983 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 271557 12,170 HP INC Computers Community Development Admin. 271522 12,059 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 271632 11,921 BOLTON & MENK INC Design & Engineering Improvement Projects 2006 7346 11,879 FURTHER - AKA SELECT HSA - Employer Health and Benefits 271573 11,795 MINNESOTA ROOF CONTRACTORS Accounts Receivable TIF-Eden Shores Senior Housing 7382 11,469 FURTHER - AKA SELECT HSA - Employee Health and Benefits 271654 11,200 ENGINEERING & CONSTRUCTION INNOVATIONS Equipment Repair & Maint Stormwater Collection 1024144 11,033 WM MUELLER AND SONS INC Gravel Stormwater Collection 7366 11,014 FURTHER - AKA SELECT HSA - Employee Health and Benefits 271521 10,556 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 1024185 10,150 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Supply (Wells) 7342 10,145 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission 271710 10,053 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 7384 9,927 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission 271746 9,905 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 271636 9,622 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 7363 9,140 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 1024137 9,125 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 271560 8,960 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 271627 8,822 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 271789 8,678 JK BUILD BY DESIGN CONSTRUCTION COMPANY Other Contracted Services Rehab 271639 8,660 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1024073 8,578 METRO SALES INCORPORATED*Printing/Copying Administration 271701 8,157 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 271580 8,001 NAC Building Repair & Maint.Utility Operations - General 271717 7,847 US DIGITAL DESIGNS Other Assets Public Safety Communications 271733 7,797 AMERICAN ENGINEERING TESTING INC Testing Improvement Projects 2006 271738 7,712 ASTLEFORD EQUIPMENT COMPANY INC Equipment Repair & Maint Fleet Operating 271517 7,651 BITUMINOUS ROADWAYS INC Other Contracted Services Capital Maint. & Reinvestment 1024060 7,550 CENTERPOINT ENERGY Gas Senior Center 271730 7,532 ADVANCED PUBLIC SAFETY INC Software Maintenance IT Operating 7365 7,374 CARD CONNECT Bank and Service Charges Community Center Admin 271563 7,061 KNECHT'S NURSERIES & LANDSCAPING INC Landscape Materials/Supp Reforestation 1024170 7,041 WENCK ASSOCIATES INC OCS - Monitoring Stormwater Non-Capital 271534 6,854 COMMERCIAL ASPHALT CO Patching Asphalt Facilities Capital 271785 6,850 INDIGITAL INC Microfilming/scanning Records Management 271595 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 271509 6,391 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg Police (City Cost) 271814 6,287 NORTHSTAR MUDJACKING & MORE LLC Mudjacking Curbs Drainage 271587 6,270 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1024098 6,227 KRISS PREMIUM PRODUCTS INC Capital Under $25,000 General Community Center 1024195 5,865 SHI CORP Software Maintenance IT Operating 271702 5,808 PRAIRIE RESTORATIONS INC Maintenance Contracts Park Maintenance 1024200 5,640 WALL TRENDS INC Contract Svcs - General Bldg Ice Arena Maintenance Check #Amount Supplier / Explanation Account Description Business Unit Comments 1024064 5,469 GENUINE PARTS COMPANY Operating Supplies Ice Arena Maintenance 271523 5,365 CEF EP COMMUNITY SOLAR LLC Electric City Center - CAM 271837 5,365 SSI KEF SLB LLC Electric Maintenance Facility 271763 5,284 DUNSMORE ASPHALT INC Asphalt Overlay Water Distribution 1024203 5,206 WM MUELLER AND SONS INC Gravel Water Distribution 271736 5,117 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1024134 5,040 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Fire Station #4 7356 4,975 FURTHER - AKA SELECT HRA Health and Benefits 271799 4,913 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 271689 4,859 METRON-FARNIER LLC Capital Under $25,000 Water Metering 271718 4,829 VERIZON WIRELESS Cell/Pager Plans IT Operating 1024072 4,631 MENARDS Operating Supplies Police Sworn 271720 4,500 ALL ELEMENTS INC Other Contracted Services Rehab 271512 4,471 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1024088 4,433 ZIEGLER INC Equipment Parts Park Maintenance 1024057 4,415 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 7350 4,310 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 1024055 4,282 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating 7380 4,240 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 271849 4,176 US POSTMASTER - HOPKINS Postage Community Brochure 271618 4,104 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1024173 4,096 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1024112 4,019 WSB & ASSOCIATES INC Design & Engineering General Fixed Asset Account Gr 271776 4,000 HENNEPIN COUNTY OCS - Monitoring Stormwater Non-Capital 271577 3,964 MOBILE RADIO ENGINEERING INC Equipment Repair & Maint Public Safety Communications 271855 3,925 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits 1024116 3,851 ASPEN WASTE SYSTEMS INC.Waste Disposal Maintenance Facility 271554 3,789 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 271637 3,752 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe City Center - CAM 271646 3,750 CSM CORPORATION Deposits General Fund 271853 3,722 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 271276 3,700 CASTRO CLEANING LLC Janitor Service Utility Operations - General 271541 3,688 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 1024180 3,663 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 271836 3,570 SPACK CONSULTING Deposits General Fund 1024129 3,425 METROPOLITAN AIRPORTS COMMISSION Other Rentals Park Maintenance 271567 3,283 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 271614 3,252 VERIZON WIRELESS Data Plans - Police IT Operating 271658 3,180 GARDNER CONSTRUCTION Accounts Receivable TIF-Eden Shores Senior Housing 7359 3,176 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 271821 3,155 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 271779 3,152 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 271669 3,147 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting 271613 3,102 USTA-NORTHERN SECTION Instructor Service Tennis 271549 3,095 GREEN ACRES SPRINKLER COMPANY Improvements to Land General Fixed Asset Account Gr 1024110 3,051 VAN PAPER COMPANY Cleaning Supplies General Community Center 271665 3,046 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1024178 3,003 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 1024123 2,997 H M CRAGG CO Contract Svcs - Fire/Life/Safe City Center - CAM 271782 2,992 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting 271668 2,925 ICOR TECHNOLOGY INC Equipment Repair & Maint Police Sworn 271625 2,850 ALLIED BLACKTOP CO Other Contracted Services Rehab 271552 2,848 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn Check #Amount Supplier / Explanation Account Description Business Unit Comments 271774 2,845 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 271564 2,807 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Fitness Admin. 1024117 2,777 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 271586 2,753 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 271780 2,700 HOIGAARD'S CUSTOM CANVAS Repair & Maint. Supplies Water Treatment 271526 2,609 CENTURYLINK Telephone City Center - CAM 1024050 2,570 VAN PAPER COMPANY Direct SuperValu Senior Center 271747 2,562 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe Outdoor Center Facilities 271584 2,534 PARK NICOLLET CLINIC Health & Fitness Fire 1024083 2,495 STREICHERS Clothing & Uniforms Police Sworn 1024069 2,494 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 271542 2,487 EUREKA CONSTRUCTION INC Deposits Water Enterprise Fund 271666 2,420 HP INC Computers - Monitors IT Operating 271566 2,397 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 1024095 2,388 CONCRETE CUTTING AND CORING Equipment Repair & Maint Stormwater Collection 271757 2,349 CORE & MAIN Repair & Maint. Supplies Street Maintenance 7361 2,300 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 1024082 2,267 STAR TRIBUNE MEDIA COMPANY LLC Dues & Subscriptions Communications 271525 2,250 CENTER FOR ENERGY AND ENVIRONMENT Other Contracted Services Sustainable Eden Prairie 271699 2,250 ONSITE MEDICAL SERVICE INC Employment Support Test Organizational Services 271734 2,200 AMERICAN TEST CENTER INC Equipment Testing/Cert.Fire 7345 2,192 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 271548 2,133 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 1024130 2,070 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Pool Maintenance 271638 2,060 BTR OF MINNESOTA Equipment Parts Fleet Operating 271510 2,054 ANCOM COMMUNICATIONS INC Equipment Repair & Maint Public Safety Communications 1024106 1,978 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Center - CAM 271732 1,977 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg Fire Station #1 271664 1,945 HIGHWAY 5 BP Motor Fuels Fleet Operating 271781 1,913 IDN-H. HOFFMAN, INC Supplies - General Bldg General Community Center 271672 1,890 IRON MALTESE ATHLETICS Health & Fitness Fire 271829 1,875 RAM BUILDING INC Deposits General Fund 271691 1,819 MINNESOTA ATHLETIC APPAREL Clothing & Uniforms Fire 1024044 1,811 ROTO-ROOTER Building Repair & Maint.Utility Operations - General 271706 1,803 RELIABLE GARAGE DOOR Accounts Receivable TIF-Eden Shores Senior Housing 271845 1,793 TRI STATE BOBCAT INC.Capital Under $25,000 Street Maintenance 7381 1,755 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 271616 1,725 WATER HEATERS NOW Accounts Receivable TIF-Eden Shores Senior Housing 271553 1,700 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police Sworn 1024059 1,700 CDW GOVERNMENT INC.Equipment Repair & Maint Public Safety Communications 1024143 1,692 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 271818 1,646 ORGANIX SOLUTIONS Waste Disposal City Center - CAM 271630 1,636 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance 271623 1,634 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 271816 1,629 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Fleet Operating 1024056 1,619 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General 7383 1,612 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission 1024133 1,602 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 271771 1,585 GOPHER STATE ONE-CALL Other Contracted Services Utility Operations - General 271617 1,584 WATERGUARDS LLC OCS - Monitoring Stormwater Non-Capital 1024115 1,581 ASPEN EQUIPMENT CO.Autos Water Enterprise Fund 1024152 1,546 BRAUN INTERTEC CORPORATION Equipment Repair & Maint Stormwater Collection 1024086 1,502 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 1024113 1,500 ALLDATA Software Fleet Operating 271722 1,481 PERA Payroll-Program Manager 494 Corridor Commission 271822 1,481 PERA Payroll-Program Manager 494 Corridor Commission 271705 1,450 RAINBOW TREECARE Other Contracted Services Tree Removal 271605 1,398 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 271797 1,360 LUTHY SANDBLASTING & PAINTING INC Equipment Repair & Maint Fleet Operating 271507 1,350 ADS ON BOARDS Contract Svcs - General Bldg Ice Arena Maintenance 271753 1,321 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 7347 1,313 FIDELITY SECURITY LIFE INSURANCE CO Accounts Receivable Health and Benefits 271800 1,284 MEGA BEER Liquor Product Received Prairie Village Liquor Store 1024179 1,255 FILTRATION SYSTEMS Supplies - HVAC City Center - CAM 271612 1,238 US BANK Interest Investment Fund 1024190 1,230 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 271748 1,228 BRYAN ROCK PRODUCTS INC Gravel Street Maintenance 1024183 1,221 HORIZON COMMERCIAL POOL SUPPLY Supplies - General Bldg Pool Maintenance 271641 1,207 CEMSTONE PRODUCTS COMPANY Patching Asphalt Stormwater Collection 271569 1,200 MARSHALL'S FARM MARKET Operating Supplies Fall Harvest 271796 1,183 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 271659 1,176 GENERAL OFFICE PRODUCTS COMPANY Supplies - General Bldg Fitness/Conference - Cmty Ctr 7374 1,174 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 271809 1,171 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 271847 1,160 TYLER TECHNOLOGIES INC Software IT Capital 271570 1,158 MEDICINE LAKE TOURS Special Event Fees Trips 271555 1,157 HOME DEPOT CREDIT SERVICES Small Tools City Hall (City Cost) 271751 1,152 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Stormwater Collection 1024169 1,075 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 271645 1,068 CORE & MAIN Asphalt Overlay Street Maintenance 271742 1,010 BLOOMINGTON, CITY OF Tuition Reimbursement/School Police Sworn 271846 1,003 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 271795 1,000 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 1024192 994 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof Arts Center 1024114 993 A-SCAPE INC Contract Svcs - Lawn Maint.Fire Station #4 271700 980 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 271804 970 MINNESOTA PUMP WORKS Equipment Repair & Maint Wastewater Lift Station 1024079 953 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies - HVAC General Community Center 1024091 926 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 271725 925 PETTY CASH Contract Svcs - Pool Community Development Admin. 7344 908 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 271692 905 MINVALCO INC Building Repair & Maint.City Center - CAM 1024181 862 GRAINGER Repair & Maint. Supplies Facilities Staff 271559 858 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1024202 856 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 271695 856 NORTH PINE AGGREGATE, INC Gravel Stormwater Collection 1024121 855 FILTRATION SYSTEMS Supplies - HVAC City Center - CAM 1024176 854 CDW GOVERNMENT INC.Computers IT Operating 1024066 846 GRAINGER Repair & Maint. Supplies Fitness/Conference - Cmty Ctr 271530 843 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 271680 840 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Skating Rinks/Warming Houses 271743 840 BORUCKI JAMES Rebates Stormwater Non-Capital 271527 840 CENTURYLINK Internet Water Treatment 1024189 833 METROPOLITAN MECHANICAL CONTRACTORS Building Repair & Maint.Utility Operations - General 271649 827 DELI DOUBLE Special Event Fees Senior Center Programs 271777 825 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn Check #Amount Supplier / Explanation Account Description Business Unit Comments 1024067 820 HANSEN THORP PELLINEN OLSON Design & Engineering Wasterwater Collection 271714 810 THE ADVENT GROUP Temp 494 Corridor Commission 271606 785 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 271806 779 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 271767 775 ESCH CONSTRUCTION SUPPLY INC Patching Asphalt Street Maintenance 271514 768 AXON ENTERPRISE INC Training Supplies Police Sworn 1024122 763 GRAINGER Supplies - General Bldg Water Treatment 1024037 756 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management 271607 740 THE ADVENT GROUP Temp 494 Corridor Commission 271568 728 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 271833 728 SIGNSOURCE Equipment Parts Fleet Operating 271739 725 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance 271741 723 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 7369 720 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 271784 716 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1024111 707 VINOCOPIA Liquor Product Received Prairie View Liquor Store 271810 703 MOTION INDUSTRIES INC.Supplies - HVAC Pool Maintenance 271676 701 JOHNSON CONTROLS Contract Svcs - HVAC Fitness/Conference - Cmty Ctr 271844 700 THE ADVENT GROUP Temp 494 Corridor Commission 1024132 684 MULCAHY COMPANY INC Supplies - HVAC Fitness/Conference - Cmty Ctr 1024164 684 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 1024175 680 BOYER TRUCKS Equipment Parts Fleet Operating 271574 677 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Wastewater Lift Station 271624 674 AIRGAS USA LLC Supplies - General Bldg Pool Maintenance 271656 666 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 271650 665 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 271528 655 CHANKASKA CREEK RANCH & WINERY, LLC Liquor Product Received Den Road Liquor Store 1024040 644 HACH COMPANY Laboratory Chemicals Water Treatment 1024100 640 MINNESOTA NATIVE LANDSCAPES Maintenance Contracts Stormwater Non-Capital 271558 632 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 271667 630 HYDRO-VAC INC Equipment Repair & Maint Stormwater Collection 1024127 628 MENARDS Supplies - General Bldg City Center - CAM 271749 625 BUENZ, ADAM Deposits General Fund 1024099 622 MINNESOTA CLAY CO. USA Operating Supplies Arts Center 271850 621 VERIZON WIRELESS Other Contracted Services Park Maintenance 271761 615 DELEGARD TOOL CO Equipment Parts Fleet Operating 1024052 605 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 1024041 605 JOHNSTONE SUPPLY Supplies - HVAC Fitness/Conference - Cmty Ctr 1024184 600 HOSE/CONVEYORS INC Equipment Parts Fleet Operating 271508 594 AIRGAS USA LLC Supplies - Pool Pool Maintenance 271604 591 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 271633 591 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 271843 587 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 271819 586 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 7352 583 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 271808 573 MINVALCO INC Supplies - HVAC General Community Center 1024094 570 CARLSTON, BRANDON Motor Fuels Police Sworn 271642 570 CENTURYLINK Telephone IT Operating 271571 552 MEGA BEER Liquor Product Received Den Road Liquor Store 271805 550 MINNESOTA STATE FIRE DEPT ASSN Dues & Sub-Memberships Fire 1024136 547 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies - HVAC City Center - CAM 1024093 541 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1024048 534 THE OASIS GROUP Employee Assistance Organizational Services Check #Amount Supplier / Explanation Account Description Business Unit Comments 271798 533 MAILMANAGER LTD Software Maintenance IT Operating 1024199 527 STREICHERS Clothing & Uniforms Police Sworn 271516 525 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance 7364 520 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 271603 516 STAPLES ADVANTAGE Office Supplies Administration 271713 513 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 271841 503 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 271608 500 TOTAL ENTERTAINMENT/KIDSDANCE PROD.Other Contracted Services Halloween Party 271626 500 AMAZING ATHLETES OF CENTRAL MN Instructor Service Preschool Events 271786 498 J H LARSON COMPANY Repair & Maint. Supplies Miller Park 271556 497 HOPKINS, CITY OF Training Fire 1024061 494 CONCRETE CUTTING AND CORING Landscape Materials/Supp Street Maintenance 271770 492 GITCH GEAR LLC Liquor Product Received Den Road Liquor Store 271712 485 STAPLES ADVANTAGE Office Supplies Administration 1024039 484 GREATAMERICA FINANCIAL SVCS Postage Customer Service 271673 479 J H LARSON COMPANY Repair & Maint. Supplies Park Acquisition & Development 271539 476 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1024058 463 BOYER TRUCKS Equipment Parts Fleet Operating 271726 458 PETTY CASH-POLICE DEPT Training Supplies Police Sworn 271598 457 SAFELITE FULFILLMENT INC Equipment Repair & Maint Fleet Operating 271518 456 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 7367 456 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 271792 451 JUNKYARD BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 271360 450 HOFFELT BRAD AR Utility Water Enterprise Fund 271540 450 DURENBERGER AMIE Training Fire 271596 450 ROMSAAS RHETT Training Fire 1024120 445 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating 1024063 428 FERRELLGAS Gas Outdoor Center 1024193 427 PREMIUM WATERS INC Operating Supplies - Water Fire 1024097 425 GREENSIDE INC Contract Svcs - Lawn Maint.City Center - CAM 1024118 423 DAIKIN APPLIED Contract Svcs - HVAC City Center - CAM 271629 418 ASTLEFORD EQUIPMENT COMPANY INC Equipment Repair & Maint Fleet Operating 271768 415 FIRE SAFETY USA INC Equipment Parts Fleet Operating 271696 410 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 271791 408 JOHNSON CONTROLS Supplies - HVAC Ice Arena Maintenance 1024125 404 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 271683 404 LANO EQUIPMENT INC Equipment Parts Street Maintenance 271648 402 DELEGARD TOOL CO Equipment Parts Fleet Operating 271715 397 TWIN CITIES & WESTERN RAILROAD COMPANY Licenses, Taxes, Fees Utility Operations - General 271817 396 OMNI BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1024161 393 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission 1024149 392 BATTERIES PLUS Supplies - General Bldg Fitness/Conference - Cmty Ctr 271662 391 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 1024146 390 ZIEGLER INC Equipment Repair & Maint Fleet Operating 1024155 388 CHEMSEARCH Contract Svcs - Ice Rink Ice Arena Maintenance 1024188 381 MENARDS Signs Arts Center 1024074 381 METROPOLITAN AIRPORTS COMMISSION Other Rentals Park Maintenance 271758 380 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission 271634 380 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 271651 375 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery 271537 372 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Operating 1024096 371 FASTENAL COMPANY Equipment Parts Fleet Operating 1024148 363 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 271610 360 URBAN FORESTERS LLC Other Contracted Services Tree Removal 1024159 358 GETSCHOW, RICK Travel Expense Administration 1024053 358 ZEP SALES AND SERVICE Lubricants & Additives Fleet Operating 1024051 351 VINOCOPIA Liquor Product Received Den Road Liquor Store 271828 350 RABBIT RESCUE OF MN Conference/Training Fitness Classes 271640 346 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits 1024090 345 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie Village Liquor Store 1024194 344 REINDERS INC Landscape Materials/Supp Park Maintenance 1024141 344 USA SECURITY Equipment Repair & Maint Water Treatment 271727 342 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 271314 340 DALY NAOISE AR Utility Water Enterprise Fund 1024128 339 METRO SALES INCORPORATED*Equipment Rentals IT Operating 1024142 330 WATSON CO INC, THE Merchandise for Resale Concessions 271653 329 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 271778 323 HIAVAC MICHAEL Deposits-Health Reimb.Community Center Admin 271783 322 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 1024045 317 RUE, RODNEY Mileage & Parking Engineering 271572 309 MINNESOTA AIR INC Supplies - HVAC Maintenance Facility 271529 307 CINTAS CORPORATION Safety Supplies Community Center Admin 271719 304 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1024049 302 TOLL GAS AND WELDING SUPPLY Operating Supplies Fleet Operating 271615 302 WATER CONSERVATION SERVICES INC Equipment Repair & Maint Water Distribution 271842 300 SUBURBAN WILDLIFE CONTROL INC Equipment Repair & Maint Stormwater Collection 271769 290 GALLS LLC Clothing & Uniforms Police Sworn 271524 290 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Stormwater Collection 271825 288 PK BLOODY MARY CORP Liquor Product Received Prairie Village Liquor Store 271543 285 FIRE SAFETY USA INC Equipment Parts Fleet Operating 271519 285 BOUND TREE MEDICAL LLC EMS Supplies Fire 1024167 284 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 271384 282 KHOSRAVI HASSAN AR Utility Water Enterprise Fund 1024085 277 WATSON CO INC, THE Merchandise for Resale Concessions 1024071 276 JEFFERSON FIRE & SAFETY INC Clothing-TurnOut Gear Fire 271772 271 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 271838 270 STAPLES ADVANTAGE Office Supplies Administration 271513 269 ASPEN MILLS Clothing & Uniforms Fire 271576 267 MN DEPT OF TRANSPORTATION Testing Improvement Projects 2006 1024076 262 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 271834 253 SIR KNIGHT CLEANERS Operating Supplies-Dept Events Fire 271670 253 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 271590 251 PRINCIPAL FINANCIAL GROUP Payroll-Program Manager 494 Corridor Commission 7372 251 VANCO SERVICES Bank and Service Charges Wastewater Accounting 1024172 248 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating 271731 248 ADVANTAGE PROPERTY MAINTENANCE INC Landscape Materials/Supp Street Maintenance 271582 247 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store 1024081 246 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Equipment Repair & Maint Park Maintenance 7379 239 US BANK - PAYMODE Bank and Service Charges Finance 1024201 235 WATSON CO INC, THE Merchandise for Resale Concessions 271505 234 AAA LAMBERTS LANDSCAPE PRODUCTS INC Landscape Materials/Supp Miller Park 271652 232 DIRECTV Other Contracted Services Community Center Admin 1024147 227 AHO, BRAD Travel Expense City Council 1024154 227 CASE, RON Travel Expense City Council 1024158 227 FREIBERG MARK Travel Expense City Council 1024205 227 NARAYANAN NAGAPAN Travel Expense City Council Check #Amount Supplier / Explanation Account Description Business Unit Comments 271585 225 PATRIOTIC JOURNEYS Special Event Fees Senior Center Programs 271677 222 JOHNSTONE SUPPLY Supplies - HVAC Facilities Staff 271591 221 PRINT SOURCE MINNESOTA Printing Fire 271551 216 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store 271367 213 HUBER KRISTIN AR Utility Water Enterprise Fund 271562 213 JUNKYARD BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 271820 212 PARK NICOLLET CLINIC Health & Fitness Fire 271647 205 CUMMINS NPOWER LLC Equipment Parts Fleet Operating 1024089 203 BATTERIES PLUS Operating Supplies Prairie View Liquor Store 271335 202 FARIDI MOHAMMAD AR Utility Water Enterprise Fund 1024131 202 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 271535 201 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission 271575 200 MINNESOTA WATER WELL ASSOCIATION Dues & Subscriptions Utility Operations - General 271852 200 VOLZ RICHARD Building Materials Outdoor Center 271856 200 RODENZ, SANDRA K Other Contracted Services Theatre Initiative 271660 197 GLOBAL EQUIPMENT COMPANY Supplies - General Bldg City Hall (City Cost) 1024140 196 STREICHERS Clothing & Uniforms Police Sworn 271565 195 LACOUNT SALES LLC Equipment Repair & Maint Fire 271826 194 PLASTIC BAG MART Liquor Product Received Den Road Liquor Store 271326 193 EDINA REALTY RELOCATION AR Utility Water Enterprise Fund 271504 192 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 271455 191 ROBERTS STEPHEN AR Utility Water Enterprise Fund 271766 190 ERGOMETRICS Employment Support Test Organizational Services 271533 190 COMCAST Internet IT Operating 271655 189 FIRE SAFETY USA INC Equipment Parts Fleet Operating 271678 188 JUNKYARD BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 271446 180 RAAB THERESA AR Utility Water Enterprise Fund 271351 179 HANLINE MICHAEL AR Utility Water Enterprise Fund 271401 176 LINDQUIST JACK AR Utility Water Enterprise Fund 1024186 176 LEROY JOB TRUCKING INC Other Contracted Services Police Sworn 271283 175 ANDERSON ANN AR Utility Water Enterprise Fund 271476 175 SZPORN ANDREA AR Utility Water Enterprise Fund 271848 174 UNITED STATES POSTAL SERVICE Postage Senior Center Admin 1024135 172 PREMIUM WATERS INC Operating Supplies - Water Fire 271830 170 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 271594 170 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 271593 169 RAMALHO JAIME AR Utility Water Enterprise Fund 271341 169 GAUB PAUL AR Utility Water Enterprise Fund 271752 168 CENTURYLINK Internet IT Operating 1024138 168 SPS COMPANIES Repair & Maint. Supplies Miller Park 271744 164 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 1024080 163 SPRINT Cell Phones 494 Corridor Commission 271429 160 NICHOLSON DAVE AR Utility Water Enterprise Fund 271679 159 KENDELL DOORS & HARDWARE INC Supplies - Security Ice Arena Maintenance 271762 159 DOMACE VINO Liquor Product Received Prairie View Liquor Store 1024165 158 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 271546 158 GLOBAL EQUIPMENT COMPANY Operating Supplies Elections 271620 158 M-R SIGN CO INC Signs Recreation Admin 1024139 157 STERICYCLE INC Other Contracted Services Police Sworn 271277 157 BENTON COUNTY SHERIFF'S DEPARTMENT Deposits General Fund 271385 157 KING PETER AR Utility Water Enterprise Fund 271340 156 FUSSELMAN MAUREEN AR Utility Water Enterprise Fund 271357 156 HILPIPRE DOUGLAS AR Utility Water Enterprise Fund Check #Amount Supplier / Explanation Account Description Business Unit Comments 271740 150 BECKER ARENA PRODUCTS INC Operating Supplies Ice Operations 271694 150 MOTTA, ROSSANA Clothing & Uniforms Volunteers 1024046 150 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 271396 149 LAMPING DOUG AR Utility Water Enterprise Fund 271300 149 BRASS JASON AR Utility Water Enterprise Fund 271288 146 BALTZER KARI AR Utility Water Enterprise Fund 1024038 144 FASTENAL COMPANY Equipment Parts Fleet Operating 271631 144 BIG STATE INDUSTRIAL SUPPLY INC Repair & Maint. Supplies Utility Operations - General 271420 143 MORRIS PACO AR Utility Water Enterprise Fund 271309 143 CHRISTOPHERSON JASON AR Utility Water Enterprise Fund 271310 141 CLYMER JACOB AR Utility Water Enterprise Fund 1024162 140 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission 271728 140 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 271729 140 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 271325 139 EDINA REALTY RELOCATION AR Utility Water Enterprise Fund 271711 135 STANLEY JONATHAN Mileage & Parking Housing and Community Service 7358 135 OPTUM HEALTH Other Contracted Services Health and Benefits 271622 135 AAA LAMBERTS LANDSCAPE PRODUCTS INC Landscape Materials/Supp Miller Park 1024043 134 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference - Cmty Ctr 271491 133 WEINSTINE ROBERT AR Utility Water Enterprise Fund 271377 131 JOHNSON RYAN AR Utility Water Enterprise Fund 271344 130 GREEN ANTHONY AR Utility Water Enterprise Fund 271386 130 KISOCK RUSSELL AR Utility Water Enterprise Fund 271363 129 HOWARD BARBARA AR Utility Water Enterprise Fund 271397 129 LARSON KATHERINE AR Utility Water Enterprise Fund 271583 129 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 271428 128 NETZER KURT AR Utility Water Enterprise Fund 271412 128 MCGANNON THOMAS AR Utility Water Enterprise Fund 271448 128 REED PATRICIA AR Utility Water Enterprise Fund 271305 126 CARRANE JOHANNA AR Utility Water Enterprise Fund 271375 126 JOHNSON RICHARD AR Utility Water Enterprise Fund 271394 125 LADENDORF CAROL AR Utility Water Enterprise Fund 271759 124 CROWNOVER, BETTY P&R Refunds Community Center Admin 271724 122 COMCAST Phone/Data/Web 494 Corridor Commission 271459 122 SACHDEV SUNIL AR Utility Water Enterprise Fund 1024177 121 CENTERPOINT ENERGY Gas Staring Lake 271589 120 PLEAA Tuition Reimbursement/School Police Sworn 271600 120 SCHRAM VINEYARDS Liquor Product Received Prairie Village Liquor Store 271813 120 MUEHLBAUER, THOMAS G Other Contracted Services Community Band 271578 119 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 271832 119 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store 1024126 119 MATHESON TRI-GAS INC Lubricants & Additives Fleet Operating 271308 118 CHRISTENSEN NANCY AR Utility Water Enterprise Fund 271399 118 LIBERA JAMES AR Utility Water Enterprise Fund 271663 118 HENNEPIN COUNTY TREASURER PUBLIC WORKS Waste Disposal Park Maintenance 271371 118 JOHNSON BENJAMIN AR Utility Water Enterprise Fund 271453 116 RICKENBACH BRENT AR Utility Water Enterprise Fund 271291 116 BICKLER JARED AR Utility Water Enterprise Fund 271417 116 MOEHN REID AR Utility Water Enterprise Fund 271312 116 CURTA DAVID AR Utility Water Enterprise Fund 271493 115 WHITTEMORE GREG AR Utility Water Enterprise Fund 271311 115 CRAVEN MICHAEL AR Utility Water Enterprise Fund 1024156 114 FASTENAL COMPANY Equipment Parts Fleet Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments 271687 114 MALLELA VENKATARAMANA P&R Refunds Community Center Admin 271431 113 NRT RELOCATION LLC AR Utility Water Enterprise Fund 271644 113 COMCAST Cable TV Fire 271661 110 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 1024166 110 SCHULZE, CARTER Mileage & Parking Engineering 271628 109 ASPEN MILLS Clothing & Uniforms Fire 271318 109 DELBOW KEVIN AR Utility Water Enterprise Fund 271369 108 JAMES ANTHONY AR Utility Water Enterprise Fund 271409 106 MASCIOPINTO MARIANNE AR Utility Water Enterprise Fund 271497 106 WITTA TROY AR Utility Water Enterprise Fund 271643 105 COMCAST Cable TV Fire 271303 105 CAMPBELL JOHN AR Utility Water Enterprise Fund 271671 105 INDOFF INCORPORATED Office Supplies Administration 1024182 104 H M CRAGG CO Contract Svcs - Fire/Life/Safe Fire Station #4 1024105 103 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1024153 102 CARLSTON, BRANDON Canine Supplies Fleet Operating 271404 101 LONG KEVIN AR Utility Water Enterprise Fund 271405 100 LUND JOHN AR Utility Water Enterprise Fund 271482 98 THOMSEN JAMES AR Utility Water Enterprise Fund 271854 97 ZIMMERMAN, MANDY Mileage & Parking Human Resources 1024104 95 PROSOURCE SUPPLY Repair & Maint - Ice Rink Ice Arena Maintenance 271704 95 PRINTING ENTERPRISES INC Printing Sustainable Eden Prairie 271321 95 DOBREV DIMITAR AR Utility Water Enterprise Fund 271803 95 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store 271489 94 WARD LINDA AR Utility Water Enterprise Fund 271511 94 AQUA LOGIC INC Supplies - Pool Pool Maintenance 7370 93 MONEY MOVERS INC Other Contracted Services Community Center Admin 1024196 93 SPS COMPANIES Supplies - HVAC City Center - CAM 271611 92 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1024157 92 FICCADENTI, JENNY Clothing & Uniforms Police Sworn 271398 92 LEHN RENEE AR Utility Water Enterprise Fund 271296 91 BORJESSON FREDRIK AR Utility Water Enterprise Fund 271698 90 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Utility Operations - General 271443 90 PETRY ELIZABETH AR Utility Water Enterprise Fund 1024107 89 SALUNKE, ADITI Mileage & Parking IT Operating 271356 89 HETTERINGTON JAMES AR Utility Water Enterprise Fund 271339 89 FUHS MICHAEL AR Utility Water Enterprise Fund 271400 89 LINDELL THOMAS AR Utility Water Enterprise Fund 7362 88 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 271297 87 BOYER AARON AR Utility Water Enterprise Fund 271469 86 SMITH RAYMOND AR Utility Water Enterprise Fund 271430 85 NOVAK JANICE AR Utility Water Enterprise Fund 1024101 85 MITTELSTADT, SCOTT Clothing & Uniforms Police Sworn 271452 84 REMUS JENNIFER AR Utility Water Enterprise Fund 1024065 82 GINA MARIAS INC Operating Supplies Volunteers 271331 82 ESTATE OF GRADY L CARROLL AR Utility Water Enterprise Fund 271684 82 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance 271278 81 6955 TARTAN LLC AR Utility Water Enterprise Fund 1024068 81 HD SUPPLY FACILITIES MAINTENANCE Supplies - General Bldg City Hall (City Cost) 1024198 81 STERICYCLE INC Other Contracted Services Police Sworn 271697 81 OLSEN CHAIN & CABLE Equipment Repair & Maint Street Maintenance 271366 80 HUBER JENNIFER AR Utility Water Enterprise Fund 271499 80 WOLFGRAM JOHN AR Utility Water Enterprise Fund Check #Amount Supplier / Explanation Account Description Business Unit Comments 1024036 80 BIGGAR, JERRAD Clothing & Uniforms Police Sworn 271315 80 DAVIS EDWARD AR Utility Water Enterprise Fund 271475 79 SZMERGALSKI RON AR Utility Water Enterprise Fund 1024124 79 HD SUPPLY FACILITIES MAINTENANCE Supplies - General Bldg Police (City Cost) 271349 78 HAMILTON SHELLEY AR Utility Water Enterprise Fund 271390 78 KRINSKY ERIC AR Utility Water Enterprise Fund 271424 78 MURDOCK KAREN AR Utility Water Enterprise Fund 271709 77 SHRED RIGHT Waste Disposal City Hall (City Cost) 271362 77 HOMEPRIDE INC AR Utility Water Enterprise Fund 271601 76 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 271358 76 HILT MICHAEL AR Utility Water Enterprise Fund 271579 75 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance 271621 75 3RD LAIR Instructor Service Lesson Skills Development 271812 75 MR CUTTING EDGE Repair & Maint - Ice Rink Ice Arena Maintenance 1024102 75 MPX GROUP, THE Printing Police Sworn 271414 74 MEAD BRYAN AR Utility Water Enterprise Fund 271496 74 WINDLAN HALL II AR Utility Water Enterprise Fund 271354 74 HEATON JEFFREY AR Utility Water Enterprise Fund 271355 74 HENNING MARK AR Utility Water Enterprise Fund 271451 74 REMMINGTON MARY AR Utility Water Enterprise Fund 271588 72 PK BLOODY MARY CORP Liquor Product Received Den Road Liquor Store 271619 72 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 271289 71 BANKS ALEX AR Utility Water Enterprise Fund 271502 70 YEAGER WILLIAM AR Utility Water Enterprise Fund 271332 70 ESTATE OF MICHAEL J O'TOOLE AR Utility Water Enterprise Fund 271436 70 OPEN DOOR LABS INC AR Utility Water Enterprise Fund 271383 69 KENWOOD ALDRICH PARTNERS AR Utility Water Enterprise Fund 1024151 68 BOHNSACK, SUE Mileage & Parking Internal Events 271490 67 WARDLE AMBROSE AR Utility Water Enterprise Fund 271581 67 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating 271313 66 DALIDA JENNIFER AR Utility Water Enterprise Fund 271465 65 SCHUMACHER ROGER AR Utility Water Enterprise Fund 271393 65 KYLLO RICHARD AR Utility Water Enterprise Fund 1024150 65 BERRY COFFEE COMPANY Merchandise for Resale Concessions 271458 65 RUTHFORD SCOTT AR Utility Water Enterprise Fund 271470 65 SMITH RICHARD AR Utility Water Enterprise Fund 271350 64 HAMMRICH NICK AR Utility Water Enterprise Fund 271324 62 DSOUZA ROSHAN AR Utility Water Enterprise Fund 271306 62 CASE RICHARRD AR Utility Water Enterprise Fund 271432 62 NYKANEN JONATHAN AR Utility Water Enterprise Fund 271599 62 SCHMITZ, WENDY Operating Supplies Internal Events 271418 60 MOLENCAMP AMY AR Utility Water Enterprise Fund 271372 60 JOHNSON ELIZABETH AR Utility Water Enterprise Fund 271544 60 FREEVEND TECHNICAL SERVICES Equipment Repair & Maint Concessions 271716 60 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball 271387 60 KLEIN KAREN AR Utility Water Enterprise Fund 7343 59 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 7371 59 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 271389 59 KRENIK STEVE AR Utility Water Enterprise Fund 271609 58 UNITED WAY Charitable Contributions Health and Benefits 271337 58 FORSBERG GARY AR Utility Water Enterprise Fund 271481 58 THOMAS BENJAMIN AR Utility Water Enterprise Fund 1024092 57 BATTERIES PLUS Supplies - Electrical Park Shelters Check #Amount Supplier / Explanation Account Description Business Unit Comments 271515 56 BALARAJU RAMESH P&R Refunds Community Center Admin 271441 54 PAUL SARA AR Utility Water Enterprise Fund 271755 52 COMCAST Internet IT Operating 271442 52 PECKHAM MARK AR Utility Water Enterprise Fund 271457 52 RUSSELL CHRISTOPHER AR Utility Water Enterprise Fund 271437 50 OPEN DOOR LABS INC AR Utility Water Enterprise Fund 271597 50 ROSEMOUNT SAW & TOOL CO Equipment Repair & Maint Fleet Operating 271708 50 ROSEMOUNT SAW & TOOL CO Equipment Repair & Maint Fleet Operating 271373 50 JOHNSON LUTHER AR Utility Water Enterprise Fund 271737 49 ASPEN MILLS Clothing & Uniforms Volunteers 271793 49 LAM NHUT QUANG Cash Over/Short General Fund 271440 48 PATTERSON JAMES AR Utility Water Enterprise Fund 271550 47 GS DIRECT Operating Supplies Engineering 271352 46 HANSON MICHAEL AR Utility Water Enterprise Fund 271293 46 BOEHNKE BRIAN AR Utility Water Enterprise Fund 271320 45 DIETZ MARK AR Utility Water Enterprise Fund 1024174 45 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn 271532 45 COMCAST Cable TV Fire 1024108 44 SITEONE LANDSCAPE SUPPLY, LLC Operating Supplies Stormwater Collection 271827 43 PRAIRIE LAWN AND GARDEN Equipment Repair & Maint Park Maintenance 271402 43 LINTNER MICHAEL AR Utility Water Enterprise Fund 271380 42 KELLETT COREY AR Utility Water Enterprise Fund 271388 42 KLUGMAN JESSICA AR Utility Water Enterprise Fund 271301 41 GRIMM BARRY AR Utility Water Enterprise Fund 271368 41 IH2 PROPERTY ILLINOIS LP AR Utility Water Enterprise Fund 271466 41 SENDER RACHEL AR Utility Water Enterprise Fund 271686 40 LINDQUIST RENEE P&R Refunds Community Center Admin 271415 40 MERCURY HOLDINGS LLC AR Utility Water Enterprise Fund 271464 39 SCHROEDER TODD AR Utility Water Enterprise Fund 271492 39 WESTBROCK JULIE AR Utility Water Enterprise Fund 271374 37 JOHNSON MATT AR Utility Water Enterprise Fund 271359 36 HOAGLUND JOHN AR Utility Water Enterprise Fund 271403 36 LOCH PATRICK AR Utility Water Enterprise Fund 271450 36 REINETZ DANIEL AR Utility Water Enterprise Fund 271286 35 AU DAN AR Utility Water Enterprise Fund 271483 35 TOPPIN LAUREN AR Utility Water Enterprise Fund 271395 35 LAKEVIEW LOAN SERVICING LLC AR Utility Water Enterprise Fund 271477 34 TERRAZAS HILMAR AR Utility Water Enterprise Fund 271485 34 TSO KWOK AR Utility Water Enterprise Fund 271330 34 ENGEBRETSON TYLER AR Utility Water Enterprise Fund 1024084 34 UPS Postage Community Development Admin. 271538 33 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 271413 33 MCKANE MARK AR Utility Water Enterprise Fund 271316 32 DAY RICHARD AR Utility Water Enterprise Fund 271426 32 NAGY ANTHONY AR Utility Water Enterprise Fund 271302 32 BROCK WENDY AR Utility Water Enterprise Fund 271379 31 JONES KEN AR Utility Water Enterprise Fund 271376 31 JOHNSON RUSS AR Utility Water Enterprise Fund 271327 31 EFFINGER NICHOLAS AR Utility Water Enterprise Fund 271345 30 GROSSET LANCE AR Utility Water Enterprise Fund 271348 30 HAAVEN JERRI AR Utility Water Enterprise Fund 271294 30 BOEHNKE BRIAN AR Utility Water Enterprise Fund 271282 30 AMER FUND CHURCH AR Utility Water Enterprise Fund Check #Amount Supplier / Explanation Account Description Business Unit Comments 271503 30 ZIEBOL FRED AR Utility Water Enterprise Fund 271690 30 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 271433 29 O'BRIEN JOE AR Utility Water Enterprise Fund 271411 29 MAYO KARIN AR Utility Water Enterprise Fund 271317 29 DE EFRAIN AR Utility Water Enterprise Fund 271707 28 ROCKEY, JOSH Mileage & Parking Senior Center Admin 271487 28 VEHMEIER KATHY AR Utility Water Enterprise Fund 271498 28 WITTHUHN RORY AR Utility Water Enterprise Fund 271735 28 ANCOM COMMUNICATIONS INC Equipment Repair & Maint Public Safety Communications 271474 27 STUDE DAVID AR Utility Water Enterprise Fund 271531 27 COMCAST Other Contracted Services Police Sworn 271445 27 PRUSAK JOE AR Utility Water Enterprise Fund 1024160 27 HESSEL, ZACK Clothing & Uniforms Police Sworn 271353 27 HARROWER BRIAN AR Utility Water Enterprise Fund 271454 26 RITZ MATTHEW AR Utility Water Enterprise Fund 271298 26 BRADY JOHN AR Utility Water Enterprise Fund 271280 25 ALEXANDER ROBERT AR Utility Water Enterprise Fund 271851 25 VERMONT SYSTEMS, INC Conference/Training Recreation Admin 271449 25 REIMER PAUL AR Utility Water Enterprise Fund 271824 24 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn 271681 24 KUHN, MARY J P&R Refunds Community Center Admin 271338 24 FRISBIE LAURA AR Utility Water Enterprise Fund 271811 23 MPCA Licenses, Taxes, Fees Utility Operations - General 1024168 22 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Wasterwater Collection 271328 22 ELLIS MARGARET AR Utility Water Enterprise Fund 271285 22 ATWILL DOUGLAS AR Utility Water Enterprise Fund 271473 21 STEVENS JUSTIN AR Utility Water Enterprise Fund 1024042 21 OLSON, ROBERT Mileage & Parking Police Sworn 271295 21 BONKIEWICZ ROBERT AR Utility Water Enterprise Fund 271839 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 271840 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 271425 21 NADYBSKA ANYA AR Utility Water Enterprise Fund 271461 20 SCHMIDT ANTHONY AR Utility Water Enterprise Fund 1024047 20 SMITH, AMY Licenses, Taxes, Fees Police Sworn 271343 20 GIBBS DENNIS AR Utility Water Enterprise Fund 1024109 19 SPOK, INC.Cell/Pager Plans IT Operating 271410 19 MASTAIN ALISON AR Utility Water Enterprise Fund 271382 19 KENNEDY JUDY AR Utility Water Enterprise Fund 1024070 19 JASPER ENGINEERING & EQUIPMENT COMPANY Repair & Maint. Supplies Water Treatment 271439 18 PARADISE MARIA AR Utility Water Enterprise Fund 271284 18 ARORA MUNISH AR Utility Water Enterprise Fund 271468 18 SKJEI JONAS AR Utility Water Enterprise Fund 271480 18 THOMAS ANNE AR Utility Water Enterprise Fund 271456 18 ROZEBOOM MELVIN AR Utility Water Enterprise Fund 271336 18 FOLSOM TYLER AR Utility Water Enterprise Fund 271329 18 ENDRES MATT AR Utility Water Enterprise Fund 271438 18 OSTADKAR MOHAMMAD AR Utility Water Enterprise Fund 271435 17 ODONNELL JULIE AR Utility Water Enterprise Fund 271381 17 KELLOGG RANDY AR Utility Water Enterprise Fund 271427 17 NAMBIAR SAJIT AR Utility Water Enterprise Fund 271815 16 OLSEN CHAIN & CABLE Repair & Maint. Supplies Miller Park 271421 16 MOSANU LIVIA AR Utility Water Enterprise Fund 271434 16 OCONNOR LAURENCE AR Utility Water Enterprise Fund Check #Amount Supplier / Explanation Account Description Business Unit Comments 271460 15 SAMENI ARIA AR Utility Water Enterprise Fund 271347 15 GUO HONGSHENG AR Utility Water Enterprise Fund 271370 15 JETZER LAWRENCE AR Utility Water Enterprise Fund 271423 15 MUNN PAUL AR Utility Water Enterprise Fund 271408 15 MANUEL VANEGAS JR AR Utility Water Enterprise Fund 271334 14 EVEN LYNETTE AR Utility Water Enterprise Fund 271447 14 RAMBECK STEPHEN AR Utility Water Enterprise Fund 271494 14 WILLEY GRANT AR Utility Water Enterprise Fund 271287 13 BAKER PAUL AR Utility Water Enterprise Fund 271501 13 WORRELL NATHAN AR Utility Water Enterprise Fund 271378 13 JOHNSON TODD AR Utility Water Enterprise Fund 271392 13 KUTINA BILL AR Utility Water Enterprise Fund 271478 13 TERWILLIGER ROY AR Utility Water Enterprise Fund 7349 13 SQUARE Bank and Service Charges Community Center Admin 271361 12 HOLLER HOPE AR Utility Water Enterprise Fund 271281 12 ALHMAIDI ZEINA AR Utility Water Enterprise Fund 271422 12 MULLER RICH AR Utility Water Enterprise Fund 271472 12 STAHL PAT AR Utility Water Enterprise Fund 271407 11 MAGISTOCCHI LUIS AR Utility Water Enterprise Fund 271342 11 GHYLIN JADEN AR Utility Water Enterprise Fund 271488 11 WALKER BENJAMIN AR Utility Water Enterprise Fund 271290 11 BARTH JACKIE AR Utility Water Enterprise Fund 271484 11 TORNOE JACKIE AR Utility Water Enterprise Fund 271760 10 CULLIGAN Corridor Comm. Misc 494 Corridor Commission 271333 10 ESTATE OF NANCY K RASMUSSEN AR Utility Water Enterprise Fund 271479 10 THE ESTATE OF MARLENE BEVERLY DAY AR Utility Water Enterprise Fund 271693 10 MORIARITY, MICHAEL P&R Refunds Community Center Admin 271787 10 JERRY'S ENTERPRISES INC Repair & Maint. Supplies Wasterwater Collection 271416 10 MINER MARK AR Utility Water Enterprise Fund 271462 9 SCHRIEFFER ANDREA AR Utility Water Enterprise Fund 271322 9 DOEHR EMILY AR Utility Water Enterprise Fund 271500 9 WOODFORD SAMANTHA AR Utility Water Enterprise Fund 271307 9 CHAI VONG AR Utility Water Enterprise Fund 271495 9 WILSON CHRIS AR Utility Water Enterprise Fund 271794 8 LANO EQUIPMENT INC Equipment Parts Fleet Operating 271657 8 FRYE, HILARY Operating Supplies Arts Center 271486 8 VAN KIRSTEN AR Utility Water Enterprise Fund 271279 8 AHMED ADAM AR Utility Water Enterprise Fund 271319 8 DEVANE CHANTAL AR Utility Water Enterprise Fund 271419 8 MONAHAN KEVIN AR Utility Water Enterprise Fund 271299 7 BRANDAU THOMAS AR Utility Water Enterprise Fund 271471 7 SPEARS SUZAN AR Utility Water Enterprise Fund 271292 7 BILLS REBECCA AR Utility Water Enterprise Fund 271304 7 CARLSON ALAN AR Utility Water Enterprise Fund 271364 7 HOWARD JAMIE AR Utility Water Enterprise Fund 271323 6 DONNA DAVID AR Utility Water Enterprise Fund 271365 6 HOY BRIAN AR Utility Water Enterprise Fund 271406 6 LYMANGOOD CHARLES AR Utility Water Enterprise Fund 271346 6 GUNDERSON JESSICA AR Utility Water Enterprise Fund 271467 6 SINKS PHYLLIS AR Utility Water Enterprise Fund 271463 6 SCHROEDER RHONDA AR Utility Water Enterprise Fund 271444 5 PORTER CHIP AR Utility Water Enterprise Fund 271391 5 KUMAWAT RAJESH AR Utility Water Enterprise Fund Check #Amount Supplier / Explanation Account Description Business Unit Comments 271754 2 COMCAST Other Contracted Services Police Sworn 5,487,875 Grand Total City of Eden Prairie Purchasing Card Payment Report 12/3/2019 Check #Amount Account Description Business Unit 7378 6,098 Building Surcharge General Fund 7378 2,862 Repair & Maint. Supplies Stormwater Collection 7378 1,780 EMS Supplies-EMS Supplies Fire 7378 1,390 Prepaid Expenses General Fund 7378 1,265 Employee Award Internal Events 7378 963 Operating Supplies-Station sup Fire 7378 903 Operating Supplies Police Sworn 7378 769 Landscape Materials/Supp Tree Replacement Fund 7378 722 Conference/Training Fire 7378 698 Tuition Reimbursement/School Police Sworn 7378 695 Prepaid Expenses General Fund 7378 689 Conference/Training Police Sworn 7378 679 Conference/Training Police Sworn 7378 676 Operating Supplies Halloween Party 7378 675 Prepaid Expenses General Fund 7378 633 Prepaid Expenses General Fund 7378 622 Supplies - General Bldg General Community Center 7378 587 Operating Supplies Community Center Admin 7378 586 Dues & Subscriptions Assessing 7378 581 Conference/Training Street Maintenance 7378 551 Operating Supplies Arts Center 7378 527 Licenses, Taxes, Fees Fitness Classes 7378 487 Other Contracted Services Community Center Admin 7378 466 Operating Supplies Police Sworn 7378 428 Awards Communications 7378 427 Awards Athletic Programs Admin 7378 425 Operating Supplies Halloween Party 7378 420 Conference/Training IT Operating 7378 412 Operating Supplies Housing and Community Service 7378 400 Mechanical Surcharge General Fund 7378 397 Repair & Maint. Supplies Utility Operations - General 7378 375 Conference/Training Park Maintenance 7378 375 Tuition Reimbursement/School Police Sworn 7378 372 Supplies - HVAC Maintenance Facility 7378 349 Operating Supplies Police Sworn 7378 348 Office Supplies Police Sworn 7378 341 Operating Supplies Ice Operations Check #Amount Account Description Business Unit 7378 339 Miscellaneous City Council 7378 320 Operating Supplies Outdoor Center 7378 316 Prepaid Expenses General Fund 7378 313 Operating Supplies Police Sworn 7378 308 Prepaid Expenses General Fund 7378 308 Prepaid Expenses General Fund 7378 305 Dues & Subscriptions Engineering 7378 300 Operating Supplies Arts Center 7378 300 Tuition Reimbursement/School Police Sworn 7378 299 Software IT Operating 7378 290 Special Event Fees Special Events & Trips 7378 289 Tuition Reimbursement/School Police Sworn 7378 283 Operating Supplies IT Operating 7378 276 Equipment Parts Fleet Operating 7378 255 Plumbing Surcharge General Fund 7378 255 Conference/Training Engineering 7378 255 Conference/Training Engineering 7378 253 Equipment Repair & Maint Wasterwater Collection 7378 251 Operating Supplies Special Events (CC) 7378 250 Tuition Reimbursement/School Police Sworn 7378 250 Prepaid Expenses General Fund 7378 242 Supplies - General Bldg Fitness/Conference - Cmty Ctr 7378 221 Tuition Reimbursement/School Police Sworn 7378 217 Landscape Materials/Supp Park Maintenance 7378 217 Supplies - HVAC Pool Maintenance 7378 215 Operating Supplies Special Events (CC) 7378 215 Supplies - General Bldg Fitness/Conference - Cmty Ctr 7378 211 Computer -Accessories IT Operating 7378 209 Operating Supplies Wine Club/Events 7378 206 Operating Supplies Police Sworn 7378 202 Training Fire 7378 202 Operating Supplies Police Sworn 7378 200 Tuition Reimbursement/School Police Sworn 7378 200 Dues & Subscriptions Youth Programs Admin 7378 193 Clothing & Uniforms Facilities Staff 7378 190 Training Supplies Police Sworn 7378 180 Building Repair & Maint.Utility Operations - General 7378 175 Licenses, Taxes, Fees Concessions 7378 173 Miscellaneous Internal Events 7378 171 Training Supplies Police Sworn 7378 170 Conference/Training Tree Disease 7378 167 Advertising Den Road Liquor Store Check #Amount Account Description Business Unit 7378 167 Advertising Prairie Village Liquor Store 7378 167 Advertising Prairie View Liquor Store 7378 162 Safety Supplies Utility Operations - General 7378 160 Dues & Subscriptions Human Resources 7378 158 Travel Expense Administration 7378 153 Operating Supplies Outdoor Center 7378 150 Conference/Training Tree Disease 7378 150 Tuition Reimbursement/School Police Sworn 7378 150 Tuition Reimbursement/School Police Sworn 7378 150 Operating Supplies Senior Center Programs 7378 149 Supplies - General Bldg City Hall (City Cost) 7378 148 Office Supplies Police Sworn 7378 142 Tuition Reimbursement/School Police Sworn 7378 142 Tuition Reimbursement/School Police Sworn 7378 142 Tuition Reimbursement/School Police Sworn 7378 142 Tuition Reimbursement/School Police Sworn 7378 142 Tuition Reimbursement/School Police Sworn 7378 141 Clothing & Uniforms Youth Programs Admin 7378 140 Clothing & Uniforms Police Sworn 7378 135 Conference/Training Finance 7378 135 Licenses, Taxes, Fees Tree Disease 7378 129 Miscellaneous Sustainable Eden Prairie 7378 128 Small Tools Street Maintenance 7378 128 Computers - Hardware IT Operating 7378 126 Operating Supplies Halloween Party 7378 125 Conference/Training Communications 7378 122 Cell Phone Allowance Street Maintenance 7378 122 Mileage & Parking Police Sworn 7378 121 Small Tools Outdoor Center 7378 120 Operating Supplies Police Sworn 7378 120 Equipment Parts Fleet Operating 7378 120 Program Trips Outdoor Center 7378 119 Training Supplies Police Sworn 7378 118 Travel Expense Administration 7378 114 Training Supplies Police Sworn 7378 112 Advertising Fall Harvest 7378 111 Tuition Reimbursement/School Police Sworn 7378 111 Tuition Reimbursement/School Police Sworn 7378 111 Tuition Reimbursement/School Police Sworn 7378 110 Miscellaneous City Council 7378 103 Supplies - General Bldg Police (City Cost) 7378 102 Clothing & Uniforms Park Maintenance Check #Amount Account Description Business Unit 7378 100 Licenses, Taxes, Fees Fitness Classes 7378 100 Training Supplies Police Sworn 7378 100 Merchandise for Resale Concessions 7378 99 Prepaid Expenses General Fund 7378 99 Prepaid Expenses General Fund 7378 94 Operating Supplies Arts Center 7378 92 Operating Supplies Police Sworn 7378 90 Conference/Training Engineering 7378 90 Miscellaneous DWI Forfeiture 7378 89 Conference/Training Utility Operations - General 7378 87 Other Contracted Services Fire 7378 86 Operating Supplies Day Care 7378 83 Operating Supplies IT Operating 7378 82 Operating Supplies Outdoor Center 7378 81 Equipment Rental City Hall (City Cost) 7378 81 Operating Supplies Fitness Classes 7378 81 Operating Supplies-Station sup Fire 7378 81 Operating Supplies Senior Center Admin 7378 80 Licenses, Taxes, Fees Senior Center Admin 7378 79 Training Supplies Police Sworn 7378 77 Operating Supplies Halloween Party 7378 77 Special Event Fees Senior Center Admin 7378 77 Training Supplies Community Center Admin 7378 76 Operating Supplies Outdoor Center 7378 75 Tuition Reimbursement/School Police Sworn 7378 75 Tuition Reimbursement/School Police Sworn 7378 75 Tuition Reimbursement/School Police Sworn 7378 75 Tuition Reimbursement/School Police Sworn 7378 75 Tuition Reimbursement/School Police Sworn 7378 75 Clothing & Uniforms Senior Center Admin 7378 72 Operating Supplies Outdoor Center 7378 71 Miscellaneous Community Development Admin. 7378 71 Operating Supplies Arts Center 7378 70 Supplies - General Bldg City Hall (City Cost) 7378 70 Clothing & Uniforms Police Sworn 7378 69 Training Supplies Police Sworn 7378 68 Clothing & Uniforms Softball 7378 68 Travel Expense Police Sworn 7378 67 Equipment Repair & Maint Senior Center Programs 7378 66 Operating Supplies Outdoor Center 7378 66 Operating Supplies Prairie Village Liquor Store 7378 65 Tuition Reimbursement/School Park Maintenance Check #Amount Account Description Business Unit 7378 65 Miscellaneous Community Development Admin. 7378 64 Deposits General Fund 7378 61 Merchandise for Resale Concessions 7378 60 Travel Expense City Council 7378 60 Operating Supplies Fitness Classes 7378 60 Awards Internal Events 7378 60 Operating Supplies Community Center Admin 7378 59 Conference/Training IT Operating 7378 58 Miscellaneous Housing and Community Service 7378 58 Operating Supplies Street Maintenance 7378 57 Operating Supplies Ice Operations 7378 56 Merchandise for Resale Concessions 7378 55 Prepaid Expenses General Fund 7378 55 Computers - Hardware IT Operating 7378 54 Merchandise for Resale Concessions 7378 53 Office Supplies Police Sworn 7378 53 Operating Supplies Special Events (CC) 7378 51 Deposits General Fund 7378 50 Employee Award Organizational Services 7378 50 Employee Award Organizational Services 7378 50 Dues & Subscriptions Police Sworn 7378 50 Advertising Touch Football 7378 50 Operating Supplies Special Events (CC) 7378 50 Employee Award Organizational Services 7378 50 Dues & Subscriptions Police Sworn 7378 50 Merchandise for Resale Concessions 7378 50 Merchandise for Resale Concessions 7378 48 Training Supplies Police Sworn 7378 48 Operating Supplies Snow & Ice Control 7378 47 Operating Supplies Playgrounds 7378 47 Operating Supplies Arts Center 7378 47 Operating Supplies Senior Center Programs 7378 46 Operating Supplies Arts Center 7378 44 Operating Supplies Arts Center 7378 43 Office Supplies Police Sworn 7378 43 Supplies - General Bldg Police (City Cost) 7378 42 Operating Supplies Prairie Village Liquor Store 7378 41 Operating Supplies Police Sworn 7378 41 Operating Supplies Arts Center 7378 41 Computers - Hardware IT Operating 7378 41 Operating Supplies Arts Center 7378 41 Merchandise for Resale Concessions Check #Amount Account Description Business Unit 7378 40 Employee Award Organizational Services 7378 40 Clothing & Uniforms Volleyball 7378 40 Operating Supplies Police Sworn 7378 40 Clothing & Uniforms Basketball 7378 40 Miscellaneous Internal Events 7378 40 Merchandise for Resale Concessions 7378 40 Operating Supplies Community Center Admin 7378 40 Training Supplies Police Sworn 7378 40 Mileage & Parking Senior Center Admin 7378 39 Employee Award Administration 7378 39 Mileage & Parking Senior Center Admin 7378 38 Training Supplies Police Sworn 7378 38 Operating Supplies Fitness Classes 7378 37 Operating Supplies Ice Operations 7378 37 Equipment Repair & Maint Fitness Classes 7378 36 Operating Supplies Arts Center 7378 36 Small Tools Fire 7378 36 Operating Supplies Prairie View Liquor Store 7378 36 Operating Supplies Arts Center 7378 35 Motor Fuels Fleet Operating 7378 35 Office Supplies Police Sworn 7378 35 Operating Supplies Police Sworn 7378 35 Motor Fuels Fleet Operating 7378 35 Operating Supplies Arts Center 7378 34 Operating Supplies Arts Center 7378 34 Operating Supplies Arts Center 7378 33 Office Supplies Arts Center 7378 33 Clothing & Uniforms Recreation Admin 7378 33 Operating Supplies Police Sworn 7378 32 Operating Supplies Arts Center 7378 32 Training Supplies Police Sworn 7378 32 Supplies - Fitness Equip.Fitness/Conference - Cmty Ctr 7378 32 Office Supplies Police Sworn 7378 32 Hardware - R&M IT Operating 7378 31 Merchandise for Resale Concessions 7378 31 Cell Phone Allowance Police Sworn 7378 31 Operating Supplies Arts Center 7378 31 Operating Supplies Arts Center 7378 30 Cell Phone Allowance Police Sworn 7378 30 Travel Expense Administration 7378 30 Travel Expense Administration 7378 30 Travel Expense Administration Check #Amount Account Description Business Unit 7378 30 Travel Expense Administration 7378 30 Conference/Training Economic Development 7378 30 Operating Supplies Special Events (CC) 7378 30 Operating Supplies Police Sworn 7378 30 Dues & Subscriptions Community Development Admin. 7378 30 Office Supplies Police Sworn 7378 30 Cleaning Supplies City Hall (City Cost) 7378 30 Operating Supplies Ice Operations 7378 30 Operating Supplies - Food Fire 7378 29 Merchandise for Resale Concessions 7378 28 Repair & Maint. Supplies Wasterwater Collection 7378 28 Merchandise for Resale Concessions 7378 27 Operating Supplies IT Operating 7378 26 Special Event Fees Senior Center Programs 7378 25 Operating Supplies Outdoor Center 7378 24 Special Event Fees Senior Center Programs 7378 24 Conference/Training Utility Operations - General 7378 24 Operating Supplies Community Center Admin 7378 23 Training Supplies Community Center Admin 7378 23 Office Supplies Park Maintenance 7378 23 Merchandise for Resale Concessions 7378 22 Small Tools Facilities Staff 7378 22 Repair & Maint. Supplies Utility Operations - General 7378 21 Office Supplies Police Sworn 7378 21 Merchandise for Resale Concessions 7378 21 Operating Supplies Outdoor Center 7378 21 Travel Expense Utility Operations - General 7378 21 Operating Supplies Police Sworn 7378 20 Miscellaneous IT Operating 7378 20 Licenses, Taxes, Fees Prairie View Liquor Store 7378 20 Licenses, Taxes, Fees Prairie Village Liquor Store 7378 20 Licenses, Taxes, Fees Den Road Liquor Store 7378 20 Operating Supplies Fitness Classes 7378 20 Operating Supplies City Clerk 7378 20 Licenses, Taxes, Fees Facilities Staff 7378 20 Software Maintenance IT Operating 7378 20 Operating Supplies New Adaptive 7378 19 Office Supplies Police Sworn 7378 19 Equipment Repair & Maint Senior Center Programs 7378 19 Employee Award Administration 7378 19 Supplies - General Bldg Police (City Cost) 7378 19 Landscape Materials/Supp Park Maintenance Check #Amount Account Description Business Unit 7378 18 Operating Supplies Facilities Staff 7378 18 Cleaning Supplies Utility Operations - General 7378 18 Bank and Service Charges Customer Service 7378 18 Operating Supplies New Adaptive 7378 17 Merchandise for Resale Concessions 7378 17 Operating Supplies IT Operating 7378 17 Operating Supplies Internal Events 7378 17 Operating Supplies Playgrounds 7378 17 Operating Supplies Arts Center 7378 16 Operating Supplies Arts Center 7378 16 Operating Supplies Pool Operations 7378 16 Operating Supplies Pickleball (CC) 7378 15 Training Supplies Police Sworn 7378 15 Office Supplies Police Sworn 7378 15 Dues & Subscriptions Community Development Admin. 7378 15 Computer -Accessories IT Operating 7378 15 Other Contracted Services Organizational Services 7378 14 Operating Supplies IT Operating 7378 14 Operating Supplies Volunteers 7378 14 Office Supplies Police Sworn 7378 14 Operating Supplies Outdoor Center 7378 13 Operating Supplies Tree Disease 7378 13 Miscellaneous Housing and Community Service 7378 13 Merchandise for Resale Concessions 7378 13 Conference/Training Senior Center Admin 7378 13 Operating Supplies Arts Center 7378 12 Merchandise for Resale Concessions 7378 12 Training Supplies Prairie Village Liquor Store 7378 12 Training Supplies Den Road Liquor Store 7378 12 Training Supplies Prairie View Liquor Store 7378 11 Operating Supplies New Adaptive 7378 10 Equipment Repair & Maint Public Safety Communications 7378 10 Mileage & Parking Utility Operations - General 7378 10 Travel Expense Utility Operations - General 7378 9 Mileage & Parking Police Sworn 7378 9 Operating Supplies Day Care 7378 8 Mileage & Parking Utility Operations - General 7378 8 Merchandise for Resale Concessions 7378 8 Operating Supplies Concessions 7378 6 Operating Supplies Arts Center 7378 6 Operating Supplies Arts Center 7378 5 Merchandise for Resale Concessions Check #Amount Account Description Business Unit 7378 5 Special Event Fees Senior Center Programs 7378 5 Operating Supplies Arts Center 7378 5 Licenses, Taxes, Fees Fleet Operating 7378 4 Operating Supplies Arts Center 7378 4 Operating Supplies Fitness Admin. 7378 4 Merchandise for Resale Concessions 7378 3 Operating Supplies Fitness Classes 7378 1 Dues & Subscriptions Community Development Admin. 7378 1 Licenses, Taxes, Fees Prairie Village Liquor Store 7378 1 Licenses, Taxes, Fees Den Road Liquor Store 7378 1 Licenses, Taxes, Fees Prairie View Liquor Store 7378 1 Operating Supplies City Clerk 7378 -4 Software IT Operating 7378 -13 Training Fire 7378 -14 Operating Supplies Pool Operations 7378 -18 Operating Supplies Arts Center 7378 -20 Software IT Operating 7378 -26 Special Event Fees Senior Center Programs 7378 -45 Clothing & Uniforms Facilities Staff 7378 -48 Operating Supplies Special Events (CC) 7378 -135 Other Revenue General Fund 7378 -200 Deposits General Fund 7378 -500 Equipment Repair & Maint Stormwater Collection 7378 -695 Tuition Reimbursement/School Police Sworn 7378 -695 Tuition Reimbursement/School Police Sworn 52,907 Report Total