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HomeMy WebLinkAboutCity Council - 06/16/2020 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JUNE 16, 2020 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 Maggie Neuville, and Recorder Katie O’Connor Workshop - Heritage Rooms I and II (5:30) I. CAPITAL IMPROVEMENT PLAN 2021-2030 Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. JOHN GOERGEN – CAMPAIGN FINANCE REFORM III. ADJOURNMENT CITY COUNCIL WORKSHOP 06/16/2020 2021 to 2030 Capital Improvement Plan Purpose of Meeting Review Proposed CIP and Provide Opportunity for the City Council to Provide Feedback and Direction December 1 Public Meeting City Council Adoption Capital Improvement Plan The systematic planning, scheduling, and financing of capital projects. Provide consistent investment in City equipment, facilities, and infrastructure Preserve and expand capital in a way that is sustainable and affordable for Eden Prairie citizens Outcomes City Infrastructure is Maintained City Continues Strong Pay-As-You-Go Program One-time Revenues are Used for One-time Expenses Debt Levels Remain Stable Bond Rating Maintained Summary by Department Proposed 2019 to 2028 Department Projects Amount Difference Engineering 178,015,000$ 184,940,000$ (6,925,000)$ Parks and Recreation 20,347,000 17,512,000 2,835,000 Water Utility 18,016,232 24,225,315 (6,209,083) Fleet Services 15,883,450 14,425,501 1,457,949 Police 14,372,000 9,442,000 4,930,000 Fire 12,159,000 12,597,000 (438,000) Storm Water Utility 10,620,000 11,775,000 (1,155,000) Community Development 7,075,000 8,005,000 (930,000) Facilities 5,145,000 6,180,000 (1,035,000) Sustainability 4,400,000 0 4,400,000 Information Technology 3,874,342 2,968,000 906,342 Wastewater Utility 2,594,374 2,608,666 (14,292) Public Works 502,000 750,000 (248,000) Total 293,003,398$ 295,428,482$ (2,425,084)$ Pavement Management Fund Significant Projects Total $50,500,000 Annual Pavement Management Projects -$46,035,000 Duck Lake Trail -$1,200,000 (2028) Cumberland Road -$815,000 (2021) Pavement Management Background •227 Centerline Miles of Streets Average age is 32 years •Preventative Maintenance ($) Crack seal, rejuvenator, seal coat, fog seal •Repair Maintenance ($$) Mill & overlay, underseal •Major Rehabilitation ($$$) Full depth reclamation, stabilizer Reconstruction ($$$$) Remove and replace Strategies to Extend Pavement Life Pavement Management Goal Average PCI Goal Historical and Predicted Average PCIs Typical Year’s Worth of Projects Facilities Internal Service Fund Total $6,215,000 Projects by Building: Annual Charge to Departments of $619,000 2021 to 2030 2019 to 2028 Projects Projects Difference City Wide Building Restoration 800,000$ 1,000,000$ (200,000)$ City Center 780,000 1,465,000 (685,000) Community Center 630,000 560,000 70,000 Fire Station #1 430,000 270,000 160,000 Fire Station #2 305,000 430,000 (125,000) Fire Station #3 50,000 85,000 (35,000) Fire Station #4 25,000 50,000 (25,000) Maintenance Facility 1,775,000 1,690,000 85,000 Police - 290,000 (290,000) Senior Center 280,000 340,000 (60,000) Cummin Phipps Grill House 70,000 70,000 Sustainability 1,070,000 1,070,000 Total 6,215,000$ 6,180,000$ (1,105,000)$ Park Improvement Fund Total Projects -$5,105,000 Nesbitt Park Splash Pad -$300,000 (2022) Miller Park Indoor Court Facility -$2,750,000 (2023) Miller Park Shelter -$600,000 (2029) Park Amenity Upgrades -$40,000 annually Beginning Balance -$2,400,000 Ending Balance -$1,095,000 Total Projects -$2,485,000 Entry Monument Signs -$275,000 (2021) Town Center Station Improvements -$325,000 (2021) Dell Road Bridge Branding -$100,000 (2021) City West Entry Monument Art -$200,000 (2022) Business Retention $1,000,000 Beginning Balance -$2,400,000 Ending Balance -$640,000 Economic Development Fund Tax Increment Financing Housing TIF Dollars $3,350,000 currently available, $1,800,000 more in future Projects: Preserve Naturally Occurring Affordable Housing Transit Oriented Development Affordable Housing Rehab and First Time Home Buyer Information Technology Total Projects -$3,847,340 Internal/External Network -$1,392,000 Fiber Implementation -$455,000 (2021, 2022, 2028) Police Mobile Computer System Replacement -$410,000 (2025, 2030) Police Body Cameras -$368,000 (2022,2027) Police Squad Camera Upgrade -$472,000 (2025, 2030) Electronic Plan Review System -$167,000 (2021) Annual Charge to Departments of $305,000 3% annual increase Capital Maintenance and Reinvestment Fund Capital Improvement/Reinvestment Fund Revenue Sources Liquor Operations Profit City Center Rental Income Antenna Revenue Storm Fund Loan Repayment Tax Levy Smith House Other One-time Revenues when Available Parks and Recreation Total $15,792,000 New Trail and Sidewalks -$4,065,000 Trail Maintenance -$4,000,000 Play Equipment Replacement -$1,850,000 Parks, Parking Lot Maintenance -$1,332,000 Round Lake Park Building Reconstruction - $1,325,000 (2022) Hard Court Maintenance -$1,225,000 Flying Cloud Fields, Regrading -$1,100,000 ($275,000, 4 times) Fire Total $4,884,000 Radio Replacement -$1,375,000 (over 5 years) SCBA Equipment -$750,000 (2028) Cameras and Servers -$695,000 Replacement of camera and servers. The project also includes cameras and servers near LRT stations. Station Alerting -$375,000 (2022,2029) Rescue Tools -$210,000 (2023,2025) Engineering Total $4,875,000 ADA Ramp Improvement Program -$750,000 Roadway Maintenance -$1,525,000 West 70th Street East Segment-$1,400,000 (2023) Creek Knoll Road Bridge -$500,000 (2028) Willow Creek Road Bridge/Culvert Replacement - $400,000 (2021) Police Total -$1,309,000 Mobile Command Center Replacement-$445,000 (2026) Night Vision for SWAT Replacement -$104,000 (2021) Rifles -$100,000 (2024) Unmanned Ariel System -$130,000 (2021,2025,2029) Police Squad Cars -$118,000 (2022,2023) Sustainability Total $4,400,000 CIMF Miller Park Light Conversion -$925,000 (2021,2022) Electric Vehicle Charging Stations -$405,000 Facilities Internal Service Fund Community Center LED Lighting -$330,000 (2021) City Center East Side LED Lighting -$330,000 (2022) Fire 1 HVAC System -$200,000 (2024) Debt Rink 1 Ice Plant and Flooring -$2,000,000 (2030) Debt Summary of Debt Outstanding Future Debt Fire Engines 2023 $1,600,000 2024 $1,700,000 2025 $1,650,000 2026 $825,000 Fire –Tower 41 2027 -$1,500,000 Police Remodel 2025 -$13,000,000 Rink 1 Ice Plant & Flooring 2030 -$2,000,000 Projected Debt Levies Debt Levy as a % of GF Budget City Policy states the annual debt levy shall remain less than 15% of the General Fund Budget. Below summarizes our history and projection on this measure. Moody’s Debt Rating Moody’s Investors Service assigned a rating of Aaa to the City’s bonds in 2003, the highest rating from Moody’s. The bond rating was affirmed in 2019 The rating is attributed to the City’s Substantial and diverse tax base, Strong financial operations, and Low debt burden. Nationally, approximately 7.0% of municipalities are rated Aaa. Standard & Poor’s Debt Rating S & P assigned a rating of AAA to the City’s bonds in 2019, the highest rating from S & P. The rating is attributed to the City’s Very strong economy, Very strong budgetary flexibility, with budget reserves, Strong budgetary performance, Very strong liquidity, Strong management conditions, with policies that are good, and Strong debt driven mostly by low overall net debt and rapid debt amortization. Questions AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JUNE 16, 2020 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 Maggie Neuville, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. HUMAN RIGHTS AWARDS B. REAFFIRMATION OF EDEN PRAIRIE MANIFESTO C. COMMISSION MEMBER AND STUDENTS ON COMMISSIONS RECOGNITION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 19, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 19, 2020 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. VILLAS AT SMITH VILLAGE by Halley Land Corp. Second Reading of an Ordinance for PUD District Review with waivers and Zoning District Change from RM-2.5 to R1-2.5 on 1 acre; Development Agreement (Ordinance for PUD district amendment and zoning change, Development agreement) B. ADOPT RESOLUTION APPROVING FINAL PLAT OF VILLAS AT SMITH VILLAGE CITY COUNCIL AGENDA June 16, 2020 Page 2 C. ADOPT RESOLUTION APPROVING POLLING PLACE CHANGES FOR THE 2020 ELECTIONS D. ADOPT RESOLUTION APPOINTING ELECTION JUDGES FOR AUGUST 11 PRIMARY AND NOVEMBER 3 GENERAL ELECTION E. APPOINT EMERGENCY COMMUNICATIONS SPECIALIST MARK VANDENBERGHE AS EDEN PRAIRIE POLICE DEPARTMENT ALTERNATE REPRESENTATIVE TO METROPOLITAN EMERGENCY SERVICES BOARD’S 911 TECHNICAL OPERATIONS COMMITTEE F. APPROVE CHANGE ORDER 6 FOR PRESERVE BOULEVARD RECONSTRUCTION PROJECT G. APPROVE AGREEMENT WITH WSB & ASSOCIATES FOR SCENIC HEIGHTS IMPROVEMENTS H. AWARD AGREEMENT TO CORRECTIVE ASPHALT MATERIALS FOR APPLICATION OF MALTENE BASED REJUVENATOR TO CITY STREETS I. ADOPT RESOLUTION SUPPORTING A PRIORITIZED BRIDGE REPLACEMENT LIST J. ADOPT RESOLUTION APPROVING CONSTRUCTION CONTRACT FOR EMERGENCY REPAIR OF CITY’S SANITARY SEWER SYSTEM IN VACINITY OF 7752 MITCHELL ROAD K. APPROVE INSTITUTION COMMUNITY WORK CREW AGREEMENT L. ADOPT RESOLUTION APPROVING PARTICIPATION IN PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY COUNCIL ON LOCAL RESULTS AND INNOVATION IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. EDEN ROAD STREET NAME CHANGE (Ordinance) XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS CITY COUNCIL AGENDA June 16, 2020 Page 3 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR 1. Highland Oaks Development Agreement Amendment 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: June 12, 2020 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, June 16, 2020 ___________________________________________________________________________________________ TUESDAY, JUNE 16, 2020 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. IV. PROCLAMATIONS / PRESENTATIONS A. HUMAN RIGHTS AWARDS Human Rights & Diversity Commissioners will present the four Human Rights Awards. B. REAFFIRMATION OF EDEN PRAIRIE MANIFESTO Synopsis: The Eden Prairie Manifesto continues the development of a multicultural community which will not tolerate acts of harassment and intolerance and establishes, communicates and encourages community standards that respect diversity and promote acceptance and respect for individuals in an atmosphere of caring for others. C. COMMISSION MEMBER AND STUDENTS ON COMMISSIONS RECOGNITION Mayor Case and Council will read the following names and recognition. Kate Lohnes ANNOTATED AGENDA June 16, 2020 Page 2 Kate Lohnes served on the Sustainability Commission for three years beginning in 2017 and serve as the Vice Chair for one year. Kate was collaborative and forward thinking. She had great ideas to share. Given her expertise in communications, Kate provided great suggestions for public engagement and the messages used to educate the public. As the Vice Chair, she worked with the Chair to move the work plan forward. Kate’s service on the Sustainability Commission is missed. Anna Anderson Anna Anderson served on the Sustainability Commission for three years beginning in 2017 and served as Chair for one year. Anna was enthusiastic and results oriented. She always had a positive attitude and encouraged everyone to have fun. The Commission accomplished many work plan items under Anna’s leadership. With her background, she had a style that everyone respected. Anna was always inclusive so that everyone would be part of the successes of the Commission. Anna’s service on the Sustainability Commission is missed. Braj Agrawal Braj was actively involved in the Flying Cloud Airport Commission during his two years contributing to various discussions around the airport. Braj stepped down from this Commission after being assigned to the MAC Commission. Daniel Kiely Dan was actively involved in the Flying Cloud Airport Commission during his three years contributing to various discussions around the airport. Dan stepped down from this Commission after moving out of the City. Rehmatbai Sumra Rehmatbai Sumra served as a Human Rights and Diversity Commissioner from 2017-2020. As a commissioner, Rehmat spoke passionately about racial justice and equity, and her perspective allowed the commissioner to more broadly consider the experience of residents. We appreciate the years of service that Rehmat devoted to the Human Rights and Diversity Commission and her commitment to our community. Balu Iyer Balu Iyer served on the Planning Commission from 2019-2020. Though Balu served for a short time, he brought a community values perspective and an emphasis on high quality development standards. Thank you for your contributions Balu! Christopher Villarreal Christopher Villarreal served on the Planning Commission from 2017 to 2020. As a Commissioner, Chris was involved in the review of significant projects such as the Castle Ridge Redevelopment, Elevate at SouthWest Station, and Scheels. ANNOTATED AGENDA June 16, 2020 Page 3 He was also involved in the Aspire Eden Prairie 2040 process. Chris encouraged the Commission and developers to provide sustainable options within a project and plan for long term impacts. Thank you for your service Chris! Chuck Weber Charles Weber was a Planning Commission member for 2 terms from 2014 to 2020. Chuck provided input on a variety of development projects during that time ranging from single family residential, commercial, office, and multi-family residential. He was also involved in the preparation of Aspire Eden Prairie 2040 from beginning to end and represented Eden Prairie on the SW LRT Community Advisory Committee. Chuck brought a perspective to the Commission that balanced high quality development standards and community needs and expectations. Thank you for your service to Eden Prairie! Leonard Pesheck Leonard has served three terms on the Parks, Recreation and Natural Resources Commission. His knowledge of the community, passion for outdoor activities and sense of fairness has helped the commission provide sound guidance to the staff. John Rahman John served for three years on the Parks, Recreation and Natural Resources Commission. John’s passion for community building and volunteerism has shown through in many of his comments and suggestions. He’s someone who has helped the commission explore all sides of the issue. 2019-2020 Students on Commissions Flying Cloud Airport Advisory Commission Evelyn Hemler Troy Johnson Amogh Kalyanam Heritage Preservation Commission Maia Chavez Ellyse Ferlauto Lilly Hyland Aditya Nandhiyar Human Rights and Diversity Commission Najma Ali Stavan Bhakta Winifred Halm De-Souza Nicole Mayer Caprice Steidle Parks, Recreation and Natural Resources Commission Shay Ginuga Riley Marble ANNOTATED AGENDA June 16, 2020 Page 4 Tanay Salunke Zachary Spears Simon Vergara Sustainability Commission Rohin Gurumurthy Mina Kim Abhiram Nallamalli Kiersten Orning Nile Timmerman 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, MAY 19, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 19, 2020 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-L on the Consent Calendar. A. VILLAS AT SMITH VILLAGE by Halley Land Corp. Second Reading of an Ordinance for PUD District Review with waivers and Zoning District Change from RM-2.5 to R1-2.5 on 1 acre; Development Agreement (Ordinance for PUD district amendment and zoning change, Development agreement) B. ADOPT RESOLUTION APPROVING FINAL PLAT OF VILLAS AT SMITH VILLAGE C. ADOPT RESOLUTION APPROVING POLLING PLACE CHANGES FOR THE 2020 ELECTIONS D. ADOPT RESOLUTION APPOINTING ELECTION JUDGES FOR AUGUST 11 PRIMARY AND NOVEMBER 3 GENERAL ELECTION E. APPOINT EMERGENCY COMMUNICATIONS SPECIALIST MARK VANDENBERGHE AS EDEN PRAIRIE POLICE DEPARTMENT ALTERNATE REPRESENTATIVE TO METROPOLITAN EMERGENCY SERVICES BOARD’S 911 TECHNICAL OPERATIONS COMMITTEE ANNOTATED AGENDA June 16, 2020 Page 5 F. APPROVE CHANGE ORDER 6 FOR PRESERVE BOULEVARD RECONSTRUCTION PROJECT G. APPROVE AGREEMENT WITH WSB & ASSOCIATES FOR SCENIC HEIGHTS IMPROVEMENTS H. AWARD AGREEMENT TO CORRECTIVE ASPHALT MATERIALS FOR APPLICATION OF MALTENE BASED REJUVENATOR TO CITY STREETS I. ADOPT RESOLUTION SUPPORTING A PRIORITIZED BRIDGE REPLACEMENT LIST J. ADOPT RESOLUTION APPROVING CONSTRUCTION CONTRACT FOR EMERGENCY REPAIR OF CITY’S SANITARY SEWER SYSTEM IN VACINITY OF 7752 MITCHELL ROAD K. APPROVE INSTITUTION COMMUNITY WORK CREW AGREEMENT L. ADOPT RESOLUTION APPROVING PARTICIPATION IN PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY COUNCIL ON LOCAL RESULTS AND INNOVATION IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. EDEN ROAD STREET NAME CHANGE (Ordinance) Synopsis: The east/west section of Eden Road is being renamed Town Center Place to provide a better sense of place and make the way finding connection to the new LRT station. MOTION: Move to approve First Reading of an Ordinance changing the east/west portion of Eden Road to Town Center Place from its intersection with Flying Cloud Drive to the termini of the future road extension related to the Southwest LRT project and the Town Center Station. XII. PETITIONS, REQUESTS, AND COMMUNICATIONS ANNOTATED AGENDA June 16, 2020 Page 6 XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS Synopsis: Applications for Students on Commissions positions were accepted from mid-April to the end of May. More than 30 applications were received this year. Commission Staff Liaisons reviewed the applications. The appointment recommendations are based on the students’ stated Commission preferences and the quality of their applications. An orientation session will be held in late August. MOTION: Move to: • Appoint to the Sustainability Commission – Amanda Schlampp, Anisha Singhatwadia, Ellianne Retzlaff, and Pranav Vadhul • Appoint to the Flying Cloud Airport Advisory Commission – Abshir Noor, Evelyn Hemler, Pranav Kartha, and Yash Salunke • Appoint to the Heritage Preservation Commission – Aarav Subbaiah, Anna Patten, Finn Bloch, Maia Chavez, and Sarthak Agrawal • Appoint to the Human Rights and Diversity Commission – Ifrah Edow, Jillian Pearson, Nadiah Johnson, Rashmi Acharya, Sehan Adan, and Serena Jain • Appoint to the Parks, Recreation, and Natural Resources Commission – Garen McDowell, Jake Freeland, Jessica Hovde, John Hartle, Tanay Salunke, and Zetao Pan XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR 1. Highland Oaks Development Agreement Amendment Synopsis: The Highland Oaks Development Agreement was originally approved by the City Council on October 15, 2019. During the development review process, there was substantial discussion regarding the opportunity to save additional trees beyond what was initially proposed. Prior to final approval, the plans were revised to save additional trees including Tree No. 142, which is a 53 inch oak tree. The developer is requesting that the Development Agreement Plans be ANNOTATED AGENDA June 16, 2020 Page 7 amended to remove the tree and provide replacement on an inch for inch basis. The developer has also requested to remove several other trees (Tree Nos. 129, 131, 132, 135 and 143). Those trees are comprised of 4 red pines and an ash tree. The developer is proposing to remove those trees and replace inch for inch (64 inches of trees removed and 64 inches replaced). Staff has reviewed the proposed removal of Tree Nos. 129, 131,132,135 and 143 and the associated replacement plan. Staff supports the removal and replacement of those trees consistent with the developer’s request. Staff does not support the request to remove Tree No. 142 due to the amount of public input on the impacts of removing the tree and that the developer has shared with staff other versions of plans that would allow Tree No. 142 to be saved. MOTION: Move to: Direct Staff to Prepare an Amendment to the Development Agreement consistent with Staff’s Recommendation. OR Direct Staff to Prepare an Amendment to the Development Agreement reflecting the Council’s preference for tree removal and replacement. 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: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA SECTION: Presentations DATE: June 16, 2020 DEPARTMENT/DIVISION: Janet Jeremiah, Community Development Director. Jonathan Stanley, Housing & Community Services Manager ITEM DESCRIPTION: Human Rights Awards ITEM NO.: IV.A. Synopsis Human Rights & Diversity Commissioners will present the four Human Rights Awards. The Eden Prairie Manifesto continues the development of a multicultural community which will not tolerate acts of harassment and intolerance and establishes, communicates and encourages community standards that respect diversity and promote acceptance and respect for individuals in an atmosphere of caring for others. Individual Award: Zina Nourkadi Presenting the Award: Sana Elassar Zina Nourkadi upholds the values of the Eden Prairie Manifesto by devoting her time and energy to community building initiatives that promote multicultural understanding amongst Eden Prairie residents. She is a strong advocate for Eden Prairie ELL students through her work at the Eden Prairie Education Center. She has also been involved in volunteer efforts aimed at issues impacting community elders, empowering Somali women and addressing human rights issues. In her work with New American Development Center, she has promoted affordable housing, entrepreneurship and business development programs. We are grateful for her commitment to human rights and her work to promote understanding and embrace diversity. Youth Award: Claire Willett Presenting the Award: Shahram Missaghi Claire Willett upholds the values of the Eden Prairie Manifesto by using her voice to advocate for those that are marginalized based on race, religion, ethnicity, and national origin. In partnership with World Without Genocide, she has worked to bring awareness to discrimination and violence against women. She has given presentations to her peers and community groups, including a presentation to the Eden Prairie Human Rights and Diversity Commission to encourage support for the UN Convention on the Elimination of Discrimination against Women. She has also brought awareness to the dangers of child marriage by speaking at a press conference at the Minnesota State Capital. She is a shining example of a young adult that uses her voice to participate in civic engagement and we look forward to seeing where her path takes her. Non-Profit Award: ESTHER Homes Presenting the Award: Phil Skeie ESTHER Homes upholds the values of the Eden Prairie Manifesto by providing safe, stable housing to pregnant women and single mothers experiencing crisis or exiting homelessness. ESTHER Homes is committed to building caring relationships that promote family stability. Their staff live on site at their Eden Prairie location and provide their residents with practical support, advocate for their clients’ goals and dreams and offer encouragement when life feels overwhelming. They use their experience to advocate for housing solutions and participate in civic and organizational partnerships. By creating a community of support, ESTHER Homes makes it possible for women and young children to thrive. Business Award: Umi Boutique Presenting the Award: Shahram Missaghi As a local small business that is owned by female entrepreneurs from Eden Prairie’s immigrant community, Umi’s Boutique features clothing styles from all over the world and provides options for men, women and children. Their location at Eden Prairie Center allows Somali-American residents to shop locally for their clothing needs. They encourage community conversation and relationship building by hosting events such as World Hijab Day, when they welcomed the community to learn more about the hijab and showcased different styles of hijab, turbans and scarves. We are thrilled to welcome Umi’s Boutique to the Eden Prairie Center and are honored to recognize them tonight. Human Rights and Diversity Commission members are: • Greg Leeper, Chair • Shahram Missaghi, Vice Chair • Leslie Philmon • Katherine Lucht • Rehmatbai Sumra • Asad Aliweyd • Philip Skeie • Tyler Aman • Sana Elassar CITY COUNCIL AGENDA SECTION: Presentation and Proclamations DATE June 16, 2020 DEPARTMENT Rick Getschow City Manager ITEM DESCRIPTION Commission Members and Students on Commissions Recognition ITEM NO. IV.C. Requested Action Mayor Case and Council will read the following names and recognition. Kate Lohnes Conservation Commission 2017-2020 Kate Lohnes served on the Sustainability Commission for three years beginning in 2017 and serve as the Vice Chair for one year. Kate was collaborative and forward thinking. She had great ideas to share. Given her expertise in communications, Kate provided great suggestions for public engagement and the messages used to educate the public. As the Vice Chair, she worked with the Chair to move the work plan forward. Kate’s service on the Sustainability Commission is missed. Anna Anderson Conservation Commission 2017-2020 Anna Anderson served on the Sustainability Commission for three years beginning in 2017 and served as Chair for one year. Anna was enthusiastic and results oriented. She always had a positive attitude and encouraged everyone to have fun. The Commission accomplished many work plan items under Anna’s leadership. With her background, she had a style that everyone respected. Anna was always inclusive so that everyone would be part of the successes of the Commission. Anna’s service on the Sustainability Commission is missed. Braj Agrawal Flying Cloud Airport Advisory Commission 2017-2019 Braj was actively involved in the Flying Cloud Airport Commission during his two years contributing to various discussions around the airport. Braj stepped down from this Commission after being assigned to the MAC Commission. Daniel Kiely Flying Cloud Airport Advisory Commission 2016-2019 Dan was actively involved in the Flying Cloud Airport Commission during his three years contributing to various discussions around the airport. Dan stepped down from this Commission after moving out of the City. Rehmatbai Sumra Human Rights and Diversity Commission 2017-2020 Rehmatbai Sumra served as a Human Rights and Diversity Commissioner from 2017-2020. As a commissioner, Rehmat spoke passionately about racial justice and equity, and her perspective allowed the commissioner to more broadly consider the experience of residents. We appreciate the years of service that Rehmat devoted to the Human Rights and Diversity Commission and her commitment to our community. Balu Iyer Planning Commission 2019 Balu Iyer served on the Planning Commission from 2019-2020. Though Balu served for a short time, he brought a community values perspective and an emphasis on high quality development standards. Thank you for your contributions Balu! Christopher Villarreal Planning Commission 2017-2020 Christopher Villarreal served on the Planning Commission from 2017 to 2020. As a Commissioner, Chris was involved in the review of significant projects such as the Castle Ridge Redevelopment, Elevate at SouthWest Station, and Scheels. He was also involved in the Aspire Eden Prairie 2040 process. Chris encouraged the Commission and developers to provide sustainable options within a project and plan for long term impacts. Thank you for your service Chris! Chuck Weber Planning Commission 2014-2020 Charles Weber was a Planning Commission member for 2 terms from 2014 to 2020. Chuck provided input on a variety of development projects during that time ranging from single family residential, commercial, office, and multi-family residential. He was also involved in the preparation of Aspire Eden Prairie 2040 from beginning to end and represented Eden Prairie on the SW LRT Community Advisory Committee. Chuck brought a perspective to the Commission that balanced high quality development standards and community needs and expectations. Thank you for your service to Eden Prairie! Leonard Pesheck Parks, Recreation and Natural Resources Commission 2012-2020 Leonard has served three terms on the commission. His knowledge of the community, passion for outdoor activities and sense of fairness has helped the commission provide sound guidance to the staff. John Rahman Parks, Recreation and Natural Resources Commission 2017-2020 John’s passion for community building and volunteerism has shown through in many of his comments and suggestions. He’s someone who has helped the commission explore all sides of the issue. 2019-2020 Students on Commissions Flying Cloud Airport Advisory Commission Evelyn Hemler Troy Johnson Amogh Kalyanam Heritage Preservation Commission Maia Chavez Ellyse Ferlauto Lilly Hyland Aditya Nandhiyar Human Rights and Diversity Commission Najma Ali Stavan Bhakta Winifred Halm De-Souza Nicole Mayer Caprice Steidle Parks, Recreation and Natural Resources Commission Shay Ginuga Riley Marble Tanay Salunke Zachary Spears Simon Vergara Sustainability Commission Rohin Gurumurthy Mina Kim Abhiram Nallamalli Kiersten Orning Nile Timmerman UNAPPROVED MINUTES CITY COUNCIL WORKSHOP TUESDAY, MAY 19, 2020 5:30 – 6:30 PM, VIRTUAL MEETING 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 Maggie Neuville, and Recorder Katie O’Connor Workshop – Virtual Meeting (5:30) I. HOUSING TASK FORCE UPDATE Case stated housing has been an important topic, and the Council is appreciative of the members of the Housing Task Force (HTF) who have been working diligently on creating recommendations. Getschow noted this will be the third time the HTF has met to discuss their progress on recommendations with the Council. Howe-Pullis, HTF chair, stated their mandate is guided by Aspire 2040. Housing is the foundation of the community. It helps to determine the health and vibrancy of a community. The most notable shortage of housing is for lower and upper income level rental properties, including single and multi-family rental units. There is a significant unmet need for affordable housing and senior-friendly living. The goal is to meet the number of units needed by 2040 while keeping the values of the City in mind. HTF has focused on the building and rehabilitation of rental units as this would create the biggest impact. Howe-Pullis stated providing developers with economic assistance, variances, reduced or waived fees, and a streamlined entitlement process provides the City with an opening to utilize a set of tools with developers to implement various strategies. Another need in regards to housing is renter protection strategies to ensure the wellbeing of Eden Prairie renters. Howe-Pullis presented a varied tool box of recommendations. One goal of the Inclusionary Housing Policy is to incentivize attainable and affordable housing options for lower-income households so they can move to and remain in City. HTF is recommending different standards for multifamily and single family housing. The inclusionary housing policy can be triggered by a request from the developer. There are guidelines surrounding the size of the development and the inclusionary unit requirement options. For multifamily the developer options include five percent of units at 30 percent average median income (AMI), 10 percent City Council Workshop Minutes May 19, 2020 Page 2 at 50 percent AMI, or 15 percent at 60 percent AMI. Single family options include 10 percent of units at 120 percent of AMI or pay a to-be-determined in lieu fee into a housing trust fund. HTF is strongly recommending the multifamily term be in perpetuity with a buy-out option for the developer a later set date. Single family can apply to the initial sale only or be secured by deed restriction. Case inquired which term differs from neighboring cities. Howe-Pullis responded in perpetuity. Howe-Pullis stated tools that might be utilized to make the inclusionary housing policy more attractive to developers are density variances, parking variances, fee adjustments and waivers, tax increment financing, expedited or streamlined entitlement process, and common space variances. The recommendations related to the triggers, project types, and number of inclusionary units are comparable to neighboring communities. Recommendations related to term and development size differ from neighboring communities with the intent to meet the goals of the community. Stanley stated affordable housing trust fund relates to the Aspire 2040 goal to work in partnership with private and public sectors to help envision and finance innovative housing demonstration projects and housing development. The purpose of the tool is to provide financial gap assistance for affordable and mixed-income housing projects and to provide assistance to low income renters and homebuyers. A formal trust fund would allow Eden Prairie to source, maintain and utilize monies in a structured manner. A variety of sources can be used to fund the Trust. The Trust funds can be used in a number of ways for needs and opportunities as they arise. Stanley provided examples of potential funding sources for the Affordable Housing Trust Fund including in lieu payments, pooled housing tax increment financing (TIF) payments, sale of City property, donations, State matching funds, and City transferred funds. Some examples of uses for funds are purchases of naturally occurring affordable housing (NOAH) properties, rehabilitation or renovation of NOAH properties, grants for rental assistance, loans or grants to developers as incentive for more affordable units, loans or grants for down payment assistance, or seminars for homebuyers or senior counseling services. HTF strongly recommends the creation of an Affordable Housing Trust Fund similar to St. Louis Park. There would be a document with clear guidelines on how the Trust can be used, administered, funds allocated, and the tracking and reporting. These trust funds are utilized in some Minnesota cities and are common in other states. Narayanan inquired if a private donation would be tax deductible. Stanley responded he is uncertain of the answer. Nelson stated if the trust fund donation is not tax deductible, the City could consider sourcing funds through the Eden Prairie Foundation as an alternative. Howe- Pullis stated this would need additional follow up. City Council Workshop Minutes May 19, 2020 Page 3 Howe-Pullis stated the third Aspire 2040 goal is to promote senior housing opportunities and increase housing choices. HTF will also provide recommendations in regards to connecting seniors to resources for knowing and understanding how to age in place. Narayanan inquired if there is priority to place current residents into affordable senior housing. Stanley replied it is a sensitive topic because of fair housing considerations. Jeremiah stated it depends on the financing. Housing and Urban Development (HUD) financing cannot include language in their agreement providing priority to current residents due to fair housing and equal opportunity. Stanley addressed the fourth Aspire 2040 goal referring to NOAH properties. NOAH properties are a critical source of existing affordable housing. Investors often quickly purchase NOAH properties and displace lower or moderate- income tenants. Recommendations include formalizing a definition of NOAH properties, obtaining rent information on these properties, putting an effective process in place for quick intervention when a NOAH property comes on the market, and proving expedited financing for NOAH preservation. A recommended formal definition of NOAH properties would be a class B or C property with at least four units where at least 20 percent of rents are affordable to households at or below 80 percent of AMI. Aho inquired how to maintain affordability after making needed repairs on NOAH properties. Stanley replied non-profit entities preserving NOAH properties do modest repairs. There is potential for the City to help assist with purchasing and repairing properties that cannot be purchased by one of the mission-oriented non-profits. Freiberg inquired how the City would have an effective process for quick intervention. Stanley replied establishing a means to identify properties preparing for sale before they are listed. Also, establishing a working relationship with mission-oriented buyers, such as Greater Minnesota Housing Fund (GMHF) and Aeon, and potentially providing them a list of properties the City considers NOAH properties. Nelson added this has also been an issue with multifamily housing. New owners make minimal repairs and increase rent. Stanley stated it is also important to reach out to owners of smaller properties that do not fit GMHF or Aeon’s purchase parameters to gain a sense of owner intentions and discuss the prospect of rehabilitation to gain long-term affordability. It would be critical to have funds available when these opportunities arise. Aho clarified the City is not looking to own these properties. Stanley replied there will be no ownership. Howe-Pullis spoke to the fifth goal addressed from Aspire 2040, prioritizing housing around public transit with convenient access to basic services. Southwest Light Rail development City Council Workshop Minutes May 19, 2020 Page 4 offers a unique opportunity to encourage developers specializing in affordable housing to participate. In these cases, providing important gap financing. These developers would not hand off the project, but would see it through. Stanley stated people are displaced when a NOAH property is sold. HTF identified a need to protect tenants and for tenants to understand their rights. Regionally, many communities are considering Tenant Protection Ordinances. The Ordinance would apply to any sold NOAH property for 90 days. The policy would require notification to tenants within 30 days of sale provided in writing in multiple languages. Payment would be required to affected low- income tenants of three months’ rent if tenant terminates the lease or owner terminates. The City cannot enact anything construed as rent control. Without rent increase protection, securing compliance with other restrictions is still worth the effort. HTF strongly recommends a written notice of tenant rights in multiple languages at the time a lease or extension to a lease is signed. This form would be created by the City. Howe-Pullis presented out-of-the-box strategies. Accessory dwelling units (ADU) in some form are allowed in 18 metro cities. ADU benefit the community in many ways and can provide a gentle form of density as form of small-scale infill housing. ADUs are only allowed in certain zoning districts and are limited to units built into the existing home. HTF recommends exploring ADU as separate structures. Additional out-of-the-box strategies being considered are micro units, land trusts, and linked apartments for larger families. Freiberg recommended researching land trust further as it is very common across the nation. Case agreed with this notion and stated this could allow properties to be in perpetuity and to assist seniors to age in place. Aho appreciated the presentation and encouraged the HTF to continue considering any potential unintended consequences through the implementation of these recommendations. Narayanan added he also appreciates the work of the HTF. Moquist stated the option of payment in lieu of could be appealing to developers, but what amount would be realistic. Howe-Pullis stated in perpetuity is existing right now, and it is not necessarily something that will scare developers away. Moquist added there needs to be a consistent, clearly communicated policy. Case agrees with both statements. One size likely does not fit all, but realistically some developers will be scared away in the process. Additionally, he would like to pursue the idea of the mother-in-law suites to help decrease cost of living. Nelson stated she would be in favor of pursuing mother-in-law suites and linked apartments. II. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 19, 2020 7:00 PM, CITY CENTER Virtual Meeting Via WebEx 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, Finance Director Sue Kotchevar, Police Chief Greg Weber, City Attorney Maggie Neuville, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II.PLEDGE OF ALLEGIANCE III.OPEN PODIUM INVITATION Mayor Case noted the City Council Members have gathered tonight for their third virtual Council meeting. For the next Council meeting on June 16, the Council plans to come backtogether in the Council Chamber with a social distancing format. The open podium opportunitywill return at that time IV.PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION OF $4,736.99 FROM THE WITRAK FAMILY TO EDEN PRAIRIE CRIME PREVENTION FUND FOR PURCHASE OF A DRONE FOR EDEN PRAIRIE POLICE DEPARTMENT (Resolution No. 2020-64) Chief Weber reported Ruth Witrak was a resident of one of our senior living facilities who enjoyed supportive relationships with some members of our Police Department. Ms Witrak had asked her son to make a contribution to the Police Department for programming after she passed away. Following Ms Witrak’s death, the Witrak family contributed $4,736.99 for the purchase of a drone to help the department with search operations. Case thanked the Witrak family and noted these contributions help our tax dollars go even further to assist the work we do. CITY COUNCIL MINUTES May 19, 2020 Page 2 MOTION: Freiberg moved, seconded by Aho, to adopt Resolution No. 2020-64 accepting the donation of $4,736.99 from the Eden Prairie Crime Prevention Fund that was donated from the Witrak family to purchase a drone for the Eden Prairie Police Department. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” B. SOUTHWEST LIGHT RAIL TRANSIT CONSTRUCTION UPDATE Getschow said there has been a lot of construction going on in Eden Prairie with the light rail project. He introduced Jim Alexander, Project Director for Southwest Light Rail Transit (SWLRT), and James Mockovciak, Community Outreach Coordinator, who are present to give an update on the project. Mr. Alexander gave a PowerPoint presentation about the SWLRT project which is scheduled for completion in 2023. He reviewed the schedule for the project, the funding sources, development along the light rail line, and the local project partners. SWLRT is cohabitating in Southwest Transit’s station facility during the construction of the SWLRT. He reported on construction site development along the light rail line and suggested people follow the construction progress on the website, swlrt.org. Aho asked when they expect funding to be extended to the project as he understood a third letter of no prejudice regarding the Federal funding was received from the Federal Transit Administration (FTA). Mr. Alexander reported they are working very closely with the FTA. The project is in final review, and it is not unprecedented to receive several letters of no prejudice. They expect the funding to come at any time. The letter of no prejudice allows them to spend local dollars for the project. Aho asked if Hennepin County has been funding the current construction. Mr. Alexander replied that was correct and noted they will feel more comfortable once they receive the FTA funding. Mr. Mockovciak continued the PowerPoint presentation and described the construction communications being done for the project on social media and the website. They are trying to communicate as thoroughly as possible, although it has been more challenging since many more people are staying home because of the COVID-19 restrictions. They have set up Construction Information Workgroups comprised of residents, business owners and community group representatives to help coordinate the construction communications from the public. Aho stated he has gotten quite a bit of feedback regarding the pile driving that is taking place. He asked what kind of feedback they have received about that activity, and if the amount of feedback is letting up somewhat. Mr. Mockovciak replied most of the people he has met really want to know how long the pile driving will continue and if they are in any danger. Some of the residents of high rise buildings have expressed concern for their safety as well as the potential impact on their buildings. His office responds with explanations about the noise and vibration thresholds that occur during the work. CITY COUNCIL MINUTES May 19, 2020 Page 3 Aho explained as Chair of Southwest Transit he has heard some reports about lighting fixtures within the parking structure being affected during the pile driving work. At one point they lost their lighting in the building. He asked if anyone else has reported any issues with side effects of the pile driving activity. Mockovciak said there were a couple of instances of encountering something underneath the ground where they were pile driving that caused them to stop temporarily. They have had a very extensive communication process with ShopHQ to help alleviate their concerns about a negative effect on their broadcasts. He noted they try to be as responsive as possible and believe they have a pretty good system to monitor and respond to the negative impacts. Case thanked those who helped with the presentation tonight and noted we are really excited about the opportunities the SWLRT presents to Eden Prairie. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Narayanan moved, seconded by Nelson, to approve the agenda as published. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 5, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 5, 2020 MOTION: Aho moved, seconded by Freiberg, to approve the minutes of the City Council Workshop held Tuesday, May 5, 2020, and the City Council meeting held Tuesday, May 5, 2020, as published. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04 B. APPROVE USE OF $6,305 IN CDBG-CV CARES ACT FUNDS FOR PROP AND SENIOR COMMUNITY SERVICES C. APPROVE LEASE AMENDMENT WITH EDEN PRAIRIE MONTESSORI LEARNING CENTER INC. D. AWARD CONTRACT TO STERNBERG LIGHTING FOR EDEN PRAIRIE ROAD AND TOWN CENTER PLACE STREET LIGHTING CITY COUNCIL MINUTES May 19, 2020 Page 4 E. APPROVE AGREEMENT WITH AE2S FOR SYSTEM PROGRAMMING AND INTEGRATION SERVICES FOR SANITARY SEWER LIFT STATION CONTROLS SYSTEM UPGRADE F. APPROVE AGREEMENT WITH AE2S FOR SYSTEM PROGRAMMING AND INTEGRATION SERVICES FOR BULK WATER FILL STATION UPGRADE G. AWARD CONTRACT TO STANDARD SIDEWALK, INC. FOR ADA PEDESTRIAN RAMP PROJECT H. AWARD CONTRACT TO SLACK PAINTING FOR SPOT REPAIR ON BAKER RESERVOIR MOTION: Narayanan moved, seconded by Freiberg, to approve Items A-H, on the Consent Calendar. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson 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 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 CITY COUNCIL MINUTES May 19, 2020 Page 5 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Freiberg moved, seconded by Narayanan, to adjourn the meeting. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” Mayor Case adjourned the meeting at 7:32 p.m. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 16, 2020 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Beth Novak-Krebs ITEM DESCRIPTION: The Villas at Smith Village ITEM NO.: VIII.A. Requested Action Move to: •Approve the 2nd Reading of an Ordinance for a Planned Unit Development District Review with waivers and a Zoning District Change from RM-2.5 to R1-9.5 on 1 acre •Approve the Development Agreement Synopsis This is the final approval for the Villas at Smith Village. The applicant is proposing to develop a 1-acre parcel into 6 single-family detached villas. The 1-acre parcel is located within the Smith Village development. The parcel was previously approved for six townhome units (two buildings with 3 units in each) as part of the overall Smith Village development. The Smith Village development also includes a 100-unit senior cooperative and 58 units of workforce housing. No changes are proposed to those portions of the project area. The applicant is now requesting to revise the approved townhome plan to include six detached single-family villa homes on individual lots rather than six attached townhomes. The location, access, parking, density, utilities, stormwater management and landscaping remains consistent with the previously approved plans. The only difference is that the plan will include 6 individual lots rather than attached units. Background At the 1st reading, the applicant volunteered to furnish and install for each home all necessary circuit breakers, electrical wiring and receptacles required to support one Level II electric vehicle charging station. This is a voluntary undertaking. Due to a conflict with the Building Code and State law, the City cannot enforce the installation of the EV charging stations; however, language has been added to the Development Agreement regarding the applicant voluntarily installing EV charging stations. On May 28, 2020, Metropolitan Council staff approved the Comprehensive Plan Amendment to reguide the property from Medium High Density Residential to Medium Density Residential. The City has been authorized to place the Amendment into effect. Attachments 1. Ordinance for PUD 2. Ordinance Summary3.Development Agreement VILLAS AT SMITH VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-2020-PUD-5-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH 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 removed from the RM- 2.5 Zoning District and be placed in the R1-9.5 Zoning District as noted in Exhibit A 9- 2020-PUD-5-2020 (hereinafter "PUD-5-2020”). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of June 16th, 2020 entered into between United Properties Development, LLC, and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-5-2020, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-5-2020 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-5-2020 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-5-2020 are justified by the design of the development described therein. D. PUD-5-2020 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 removed from the RM-2.5 Zoning District and placed in the R1-9.5 Zoning District as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-5-2020 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 5th day of May, 2020, 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 16th day of June, 2020. ATTEST: __________________________________ ___________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Current News on June 25th, 2020. EXHIBIT A LEGAL DESCRIPTION Legal Description Prior to Final Plat: Lots 2, 3 and 4, Block 1, Smith Village. Hennepin County, Minnesota Legal Description After Final Plat: Lots 1 -7, Block 1, Villas at Smith Village, Hennepin County, Minnesota VILLAS AT SMITH VILLAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 9-2020-PUD-5-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH 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 rezoning of land located at Glory Lane off Eden Prairie Road, from the RM-2.5 Zoning District to the R1-9.5 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 Sun Current News on June 25th, 2020. (A full copy of the text of this Ordinance is available from City Clerk.) 1 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT Smith Village Townhomes (Villas at Smith Village) THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of __________, 2020 by United Properties Development 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, the City and Developer are parties to that certain Development Agreement dated August 9, 2019 and filed August 13, 2019 with the Hennepin County Recorder’s Office as Document No. 10688502 and with the Hennepin County Registrar of Titles as Document No. 5634846 (“Original Development Agreement”), pertaining to the property legally described on Amended Exhibit A attached hereto (the “Property”); WHEREAS, the Original Development Agreement contemplated the construction of two, 3-unit townhomes buildings on the Property, referred to as “Smith Village Townhomes”; WHEREAS, Smith Village Townhomes was to be developed under a common application called Smith Village with Applewood Pointe (legally described as Lot 5 and Outlot A, Smith Village, and Outlot A, Legion Park, Hennepin County, Minnesota) and Trail Pointe Ridge (legally described as Lot 1, Block 1, Smith Village, Hennepin County, Minnesota), all commonly referred to as the “Smith Village Project”; WHEREAS, Halley Land Corporation, which has an agreement with Developer to purchase the Property, has proposed to instead construct six, detached single-family villas on the Property and has requested the City grant the necessary approvals for the amended project (“Villas at Smith Village”); WHEREAS, Halley Land Corporation, with the consent of Developer, has applied to City for Guide Plan Change from Medium High Density Residential to Medium Density Residential on 1.0 acre, Planned Unit Development Concept Review on 1.0 acre, Planned Unit Development 2 District Review with waivers on 1.0 acre, Zoning District Change from RM-2.5 to R1-9.5 Zoning District on 1.0 acre, Site Plan Review on 1.0 acre, and Preliminary Plat of 1.0 acre dividing 3 lots into 7 lots (the “Applications”) for the Property; WHEREAS, Developer and City intend that the Villas at Smith Village have the same relationship to the Smith Village Project as the original townhomes project; NOW, THEREFORE, in consideration of the City adopting Resolution No.__________ for Guide Plan Change, Resolution No. __________ for Planned Unit Development Concept Review, Ordinance No. __________ for Planned Unit Development District Review and Zoning District Change from RM-2.5 to R1-9.5 on 1.0 acre, and Resolution No. __________ for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. Paragraph 1 of the Original Development Agreement is amended to add the following sentences at the end of the paragraph: Developer shall further develop the Property in conformance with the materials revised and stamp dated ______________, reviewed and approved by the City Council on ____________, (hereinafter the "Plans") and identified on Amended Exhibit B, subject to such changes and modifications as provided herein. To the extent the Amended Exhibit B Plans differ from the Exhibit B Plans incorporated into the Original Development Agreement, the Amended Exhibit B Plans shall control. 2. Paragraph 8 of the Original Development Agreement is amended to add the following subsection E: E. Best Management Practices must be used during construction to protect the stormwater treatment capabilities of all existing Stormwater Facilities, including Infiltration Systems that receive stormwater runoff from the Project. This must include delineation of the infiltration and/or filtration system(s) with erosion control fencing or other approved perimeter control BMP(s) prior to construction; inlet protection at all inlets to stormwater facilities receiving runoff from the Project; and not allowing equipment, vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. Any cleaning or maintenance of stormwater facilities adversely impacted by construction of the Project is the sole responsibility of the Developer and must return said facilities to their original design specifications. Any maintenance activities to clean or maintain infiltration systems must use low impact earth moving equipment to limit soil compaction to the greatest extent possible. 3. Paragraph 10 of the Original Development Agreement is deleted in its entirety and replaced with the following: 3 10. CASH PARK FEES: Developer shall pay cash park fees for 6 single-family units as required by City Code in effect as of the date of the issuance of the building permits for construction on the Property. 4. Paragraph 14 of the Original Development Agreement is deleted in its entirety and replaced with the following: 14. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the R1-9.5 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): A. Density The R1-9.5 zoning district allows 3.5 dwelling units per acre. The Waiver allows a density of 6 units per acre. B. Gross Site Area City Code requires the total area of the site to be 9,500 square feet per unit or 57,000 square feet (1.31 acres). The Waiver allows the total site area at 7,260 square feet per unit or 43,560 square feet (1 acre). C. Parking Setback City Code requires a 10 foot parking setback for the parallel parking stalls from the property line. The Waiver allows the parallel parking stalls at 1 foot from the property line. D. Lots Without Street Frontage City Code requires lots to have frontage on a public street. The Waiver allows the lots without frontage on a public street. E. Minimum Lot Width City Code requires a minimum lot width of 70 feet in the R1-9.5 Zoning District. The Waiver allows Lot 1 at 55.50 feet wide, Lots 2-5 at 48 feet wide, Lot 6 at 60.50 feet wide and Lot 7 at 44.50 feet wide. F. Minimum Lot Size City Code requires a minimum lot size of 9,500 square feet in the R1-9.5 Zoning District. The Waiver allows Lot 1 at 5,605 square feet, Lots 2-5 at 4,848 square feet, and Lot 6 at 6,110 square feet. G. Building Setbacks City Code requires a side yard setback of a minimum of 5 feet and a total of 15 feet in the R1-9.5 Zoning District. The waiver allows Lots 2-5 to have a minimum side yard setback of 5 feet, but a total of only 10 feet since the buildings are only 10 feet apart. 5. Paragraph 22 of the Original Development Agreement is deleted in its entirety and replaced with the following: 4 22. TREE REPLACEMENT PLAN: Prior to the issuance of a Land Alteration Permit, the Developer shall submit to the City Planner and receive the City Planner's written approval of an executed Tree Replacement Agreement for the Property, which shall be consistent with the Exhibit B Tree Replacement Plan. The Tree Replacement Plan shall be phased to include all common areas, outlots, and perimeter plantings in Phase One and individual lots in Phase Two as depicted in the Exhibit B Plans. Trees in Phase One shall be planted within 18 months of issuance of a Land Alteration Permit for the Property. Trees in Phase Two on individual lots shall be planted within 18 months of issuance of a Building Permit for the subject lot, and shall not be planted prior to the issuance of a Building Permit without written approval from the City Planner. Prior to the issuance of a Land Alteration Permit, Developer shall also submit to the City Planner and receive the City Planner's written approval of two securities in the form of a cash escrow or irrevocable letter of credit equal to 150% of the cost of said improvements, including all proposed trees, to align with project phasing as depicted on the Tree Replacement Plan as part of the Exhibit B Plans. The security for Phase One may be held for the longer of one year or two growing seasons after the installation of all plantings in Phase One and inspection by the City, consistent with the Tree Replacement Agreement. The security for Phase Two may be held for the longer of one year or two growing seasons after the installation of all plantings in Phase Two and inspection by the City, consistent with the Tree Replacement Agreement. The security for Phase Two may be used to correct any damage to Phase One plantings that may occur during Phase Two building construction after the release of the Phase One security. The Tree Replacement 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 Tree Replacement Plan shall include replacement trees of a 2.5-inch diameter minimum size for shade trees and a 6-foot minimum height for conifer trees. 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 Tree Replacement 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, relocation, and species substitutes of similar size, shape, hardiness, sensitivity, etc. to the Tree Replacement Plan or plantings installed on the Property shall be reviewed and approved by the City prior to implementing said changes. Developer shall complete implementation of the approved Tree Replacement Plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of the Tree Replacement 5 Agreement and Exhibit C of this Development Agreement. Any tree planted in Phase One that may be impacted by Phase Two building construction on the lot on which it is located or on an adjacent lot shall be protected through the duration of Phase Two construction. 6. Paragraph 26 of the Original Development Agreement is deleted in its entirety and replaced with the following: 26. SITE LIGHTING: All lighting shall consist of downcast cut-off fixtures. Pole lighting shall not exceed 25 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. Developer shall maintain the pole lighting. 7. The Original Development Agreement is further amended by adding the following new paragraphs: 27. BUILDING LAYOUT AND MATERIALS: Developer shall offer to prospective purchasers a variety of architectural styles, building materials and colors to provide variation throughout the neighborhood. Homes located next to each other may not have the same architectural style. Prior to the City’s approval of the Final Plat, Developer shall provide the City Planner with the palette of choices for the home models, building materials and colors. Developer shall notify potential buyers of the house architectural style and building material colors selected for adjacent lots already under contract for sale. Developer shall encourage purchasers to select materials and colors that provide variation from selections made for homes on adjoining lots, provided however material and color selection is left to the discretion of the Developer and purchaser. 28. ELECTRIC VEHICLE READY GARAGES: Developer has volunteered to furnish and install for each home all necessary circuit breakers, electrical wiring and receptacles required to support one Level II electric vehicle charging station. This voluntary undertaking includes installing a 4-wire, 240 volt 40 amp circuit with a NEMA 14-50 outlet receptacle from the main electrical panel to an outlet box on the front wall of the garage adjacent to a vehicle parking stall. This paragraph 28 is not subject to the enforcement provisions contained in this Agreement. 29. EGRESS WINDOWS: Egress windows are not allowed in drainage and utility easement areas between the homes. For homes designed to accommodate an egress window on the side of the home, but outside of the drainage and utility easement area, Developer shall install the egress window so it is not located directly across from an egress window on an adjacent lot. 6 30. FINAL PLAT: The final plat of the Property shall be recorded with 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. 31. USE OF LOT 7: Lot 7 of the Property may only be used for vehicle and pedestrian access and parking as shown on the Plans. 8. REAFFIRMING CONDITIONS OF ORIGINAL DEVELOPMENT AGREEMENT: Developer agrees to all of the terms, conditions and obligations of "Developer" under the Original Development Agreement, except as inconsistent with or amended by this First Amendment. Exhibit C to the Original Development Agreement shall remain in full force and effect. All references in the Original Development Agreement to “Smith Village Townhomes” shall refer to “Villas at Smith Village.” 9. CONSENT OF APPLEWOOD POINTE AND TRAIL POINTE RIDGE: The respective Consents to First Amendment of Development Agreement attached hereto as Exhibit D (“Consents”) shall be executed and recorded against Applewood Pointe and Trail Pointe Ridge properties in the offices of the Hennepin County Registrar of Titles and the Hennepin County Recorder. The Consents shall also be recorded against the Property after recording the Final Plat and prior to recording of any document affecting the Property including but not limited to any mortgage granted by the Developer, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, the Developer shall submit to the City Engineer proof that the Consents have been recorded in the offices of the Hennepin County Recorder and the Hennepin County Registrar of Titles in accordance with the requirements of this paragraph. 7 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. 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 ________________, 2020, 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 8 United Properties Development LLC By ________________________________ Its ________________________________ By ________________________________ Its ________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2020, by _______________________________________, the , and __________________________, the _______________________ of United Properties Development 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 9 AMENDED EXHIBIT A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT –SMITH VILLAGE TOWNHOMES (VILLAS AT SMITH VILLAGE) Legal Description Before Final Plat Lots 2, 3, and 4, Smith Village, Hennepin County, Minnesota Legal Description After Final Plat Lots 1 - 7, Villas at Smith Village, Hennepin County, Minnesota 10 AMENDED EXHIBIT B FIRST AMENDMENT TO DEVELOPMENT AGREEMENT –SMITH VILLAGE TOWNHOMES (VILLAS AT SMITH VILLAGE) Amended Exhibit B Preliminary Plat dated 3/24/2020 by E.G. Rud & Sons, Inc. Cover Sheet dated 12/17/2019 by Plowe Engineering Inc. PUD Site Plan dated 12/17/2019 by Plowe Engineering Inc. Grading & Drainage Plan Overall dated 12/17/2019 by Plowe Engineering Inc. Grading Plan Key dated 12/17/2019 by Plowe Engineering Inc. Grading & Drainage Plan dated 12/17/2019 by Plowe Engineering Inc. Grading & Drainage Plan dated 12/17/2019 by Plowe Engineering Inc. Grading & Drainage Plan dated 12/17/2019 by Plowe Engineering Inc. Utility Plan dated 3/10/2020 by Plowe Engineering, Inc. Public Sanitary Sewer and Watermain dated 3/10/2020 by Plowe Engineering Landscape Enlargement dated 3/9/2020 by Plowe Engineering, Inc. Color Rendering Building Plan dated 12/11/2019 by Hanson Builders Building Plan dated 12/11/2019 by Hanson Builders Building Plan dated 12/11/2019 by Hanson Builders Building Plan dated 12/11/2019 by Hanson Builders Building Plan dated 12/11/2019 by Hanson Builders Building Plan dated 12/11/2019 by Hanson Builders Building Plan dated 12/11/2019 by Hanson Builders 11 EXHIBIT D FIRST AMENDMENT TO DEVELOPMENT AGREEMENT – SMITH VILLAGE TOWNHOMES (VILLAS AT SMITH VILLAGE) Consents of Applewood Pointe and Trail Pointe Ridge 12 CONSENT TO FIRST AMENDMENT TO SMITH VILLAGE TOWNHOMES DEVELOPMENT AGREEMENT This Consent to First Amendment to Smith Village Townhomes Development Agreement (“Consent”) is executed this ___________ day of _____________, 2020 by CB Eden Prairie Housing Limited Partnership, a Minnesota limited partnership (“CB Eden Prairie”). RECITALS WHEREAS Lots 2, 3, and 4, Smith Village, are being replatted as Lots 1–7, Villas at Smith Village (the “Villas at Smith Village Property”); WHEREAS, CB Eden Prairie is the fee owner of the real property legally described as Lot 1, Block 1, Smith Village (the “Trail Pointe Ridge Property”), on which CB Eden Prairie is constructing a workforce housing project known as “Trail Pointe Ridge”; WHEREAS, CB Eden Prairie entered into that certain Development Agreement with the City of Eden Prairie dated August 9, 2019 and filed August 13, 2019 with the Hennepin County Registrar of Titles as Document No. 5634845 and with the Hennepin County Recorder as Document No. 10688501, related to the Trail Pointe Ridge Property (“Trail Pointe Ridge Development Agreement”); WHEREAS, CB Eden Prairie is a party to that certain Shared Access, Stormwater and Maintenance Easement Agreement dated August 9, 2019 and filed August 13, 2019 with the Hennepin County Registrar of Titles as Document No. 5634847 and with the Hennepin County Recorder’s Office as Document No. 10688503 (“Shared Easement Agreement”); WHEREAS, Trail Pointe Ridge is a component of a larger development known as “Smith Village,” which was originally comprised of Trail Pointe Ridge, Applewood Pointe, and Smith Village Townhomes; WHEREAS, the future developer of the Smith Village Townhomes project, Halley Land Corporation, has proposed changes to the project as identified in the First Amendment to Development Agreement by and between United Properties Development LLC and the City of Eden Prairie dated ____________, 2020 and filed on ______________, 2020 with the Hennepin County Registrar of Titles as Document No. ______________ and with the Hennepin County Recorder’s Office as Document No. _________________, hereinafter referred to as the “First Amendment”; and WHEREAS, CB Eden Prairie wishes to consent to the changes to the project, the name change, and the recording of this Consent against the Trail Pointe Ridge Property and the Villas at Smith Village Property. 13 NOW, THEREFORE, CB Eden Prairie hereby consents to the First Amendment and the recording of this Consent against the Trail Pointe Ridge Property and the Villages at Smith Village Property. FURTHER, all references to “Smith Village Townhomes,” “Townhome Parcel,” and “Townhome Project” in the Trail Pointe Ridge Development Agreement and the Shared Access Agreement shall now refer to the Villas at Smith Village project and the Villas at Smith Village Property. CB EDEN PRAIRIE LIMITED PARTNERSHIP _______________________________________ By: ____________________________________ Its: ____________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF _______ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2020, by _______________________________________, the , CB Eden Prairie Limited Partnership, a Minnesota limited partnership, on behalf of the company. Notary Public This instrument drafted by: Gregerson, Rosow, Johnson & Nilan, Ltd. 100 Washington Ave S, Suite 1550 Minneapolis, MN 55401 (612)338-0755 14 CONSENT TO FIRST AMENDMENT TO SMITH VILLAGE TOWNHOMES DEVELOPMENT AGREEMENT This Consent to First Amendment to Smith Village Townhomes Development Agreement is executed this ___________ day of _____________, 2020 by Applewood Pointe Cooperative of Eden Prairie, a Minnesota cooperative (“Applewood Pointe Cooperative”). RECITALS WHEREAS, United Properties Development LLC (“Developer”) is the fee owner of the real property legally described as Lots 2, 3, and 4, Smith Village, which are being replatted as Lots 1–7, Villas at Smith Village (the “Villas at Smith Village Property”); WHEREAS, Applewood Pointe Cooperative is the fee owner of the real property legally described as Lot 5, Block 1, Outlot A, Smith Village, and Outlot A, Legion Park, Hennepin County, Minnesota (the “Applewood Pointe Property”), on which a senior cooperative housing project known as “Applewood Pointe” is being constructed; WHEREAS, Developer entered into that certain Amended and Restated Development Agreement with the City of Eden Prairie dated January 21, 2020 and filed January 23, 2020 with the Hennepin County Registrar of Titles as Document No. 5679674 and with the Hennepin County Recorder as Document No. 10748478, related to the Applewood Pointe Property (“Applewood Pointe Development Agreement”); WHEREAS, Developer is a party to that certain Shared Access, Stormwater and Maintenance Easement Agreement dated August 9, 2019 and filed August 13, 2019 with the Hennepin County Registrar of Titles as Document No. 5634847 and with the Hennepin County Recorder’s Office as Document No. 10688503 (“Shared Easement Agreement”); WHEREAS, Applewood Pointe is a component of a larger development known as “Smith Village,” which was originally comprised of Trail Pointe Ridge, Applewood Pointe, and Smith Village Townhomes; WHEREAS, the Smith Village Townhomes project has been revised and is now known as “Villas at Smith Village”; WHEREAS, the future developer of the Smith Village Townhomes project, Halley Land Corporation, has proposed changes to the project as identified in the First Amendment to Development Agreement by and between Developer and the City of Eden Prairie dated ____________, 2020 and filed on ______________, 2020 with the Hennepin County Registrar of Titles as Document No. ______________ and with the Hennepin County Recorder’s Office as Document No. _________________, hereinafter referred to as the “First Amendment”; and 15 WHEREAS, as the owner of the Applewood Pointe Property, Applewood Pointe Cooperative wishes to consent to the changes to the project, the name change, and the recording of this Consent against the Applewood Pointe Property and the Villas at Smith Village Property. NOW, THEREFORE, Applewood Pointe Cooperative hereby consents to the First Amendment and the recording of this Consent against the Applewood Pointe Property and the Villages at Smith Village Property. FURTHER, all references to “Smith Village Townhomes,” “Townhome Parcel,” and “Townhome Project” in the Applewood Pointe Development Agreement and the Shared Access Agreement shall now refer to the Villas at Smith Village project and the Villas at Smith Village Property. APPLEWOOD POINTE COOPERATIVE OF EDEN PRAIRIE By: ____________________________________ Its: ____________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF _______ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2020, by _______________________________________, the , of Applewood Pointe Cooperative of Eden Prairie, a Minnesota cooperative, on behalf of the cooperative. Notary Public This instrument drafted by: Gregerson, Rosow, Johnson & Nilan, Ltd. 100 Washington Ave S, Suite 1550 Minneapolis, MN 55401 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 16, 2020 DEPARTMENT/DIVISION: Randy L. Slick Public Works / Engineering ITEM DESCRIPTION: Final Plat Report of Villas at Smith Village ITEM NO.: VIII.B. Requested Action Move to: Adopt the resolution approving the final plat of Villas at Smith Village. This proposal is for a plat located off of Glory Lane within the Smith Village Development. The plat consists of 1.0 acre to be platted into 7 lots. The original project was approved for the construction of two 3-unit attached townhomes. The new proposal is to construct six detached single family villas. This is a replat of Lots 2, 3 and 4, Block 1, Smith Village Background Information The preliminary plat was approved by the City Council on May 5, 2020. Second reading of the Rezoning Ordinance and final approval of the Developer’s Agreement will be approved by the City Council on June 16, 2020. Approval of the final plat is subject to the following conditions: •Receipt of engineering fee in the amount of $700.00 •Prior to the release of the final plat, Developer shall submit a disk in AutoCAD format inHennepin County coordinates containing parcel and easement data. •Prior to the release of the final plat, Developer shall submit a 1”=200’ scale reduction ofthe final plat. •Provide areas (to the nearest square foot) of all lots, outlots and right-of-way. •The requirements as set forth in the Developer’s Agreement. Attachments Resolution Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- A RESOLUTION APPROVING FINAL PLAT OF VILLAS AT SMITH VILLAGE WHEREAS, the plat of Villas at Smith Village has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Villas at Smith Village is approved upon compliance with the recommendation of the Final Plat Report on this plat dated June 16, 2020. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on June 16, 2020. ___________________________ Ronald A. Case, Mayor ATTEST: SEAL ___________________________ Kathleen Porta, City Clerk Requested Action Adopt the resolution approving the polling place changes for the Primary on August 11, 2020 and the General Election on November 3, 2020. Synopsis The Safe and Secure Conduct of 2020 State Primary and State General Elections; Special Procedures allows a municipality to designate polling places after the deadline required by Minnesota Statutes, Section 204B.16, subd. 1, no later than July 1, 2020. Eden Prairie United Methodist Church Ministries Council will not allow any in-person, in-building gatherings for any reason through the summer of 2020. Whether this changes for the fall will be determined after Labor Day. Legislation signed on May 12 states a municipality must only use a school as a polling place when no other public or private location is reasonably available for use as a polling place. There was not a reasonable alternative for Precinct 1, Prairie View Elementary School or Precinct 15, Eden Lake Elementary School. We were able to move Precinct 13, Hennepin Technical College to the new Staring Lake Park Building. Attachment Resolution CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 16, 2020 DEPARTMENT/DIVISION: Office of City Manager Kathleen Porta, City Clerk ITEM DESCRIPTION: Resolution Approving Change of Polling Places ITEM NO.: VIII.C. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- RESOLUTION CHANGING POLLING PLACES WHEREAS, The Safe and Secure Conduct of the 2020 State Primary and State General Election; Special Procedures allows a municipality to designate polling places after the deadline required by Minnesota Statutes, Section 204B.16, subd. 1, no later than July 1, 2020. BE IT RESOLVED by the City Council of the City of Eden Prairie that the polling place for Precinct 10 changed from Eden Prairie United Methodist Church located at 15050 Scenic Heights Road to the City Center, 8080 Mitchell Road and Precinct 13, Hennepin Technical College located at 13100 College View Drive changed to Staring Lake Park Building, located at 14800 Pioneer Trail for the 2020 Elections. ADOPTED by the Eden Prairie City Council on this 16th day of June, 2020. _______________________ Ronald A. Case, Mayor ATTEST: _______________________ Kathleen Porta, City Clerk Requested Action Adopt the resolution approving the appointment of election judges for the primary election, August 11, 2020 and general election, November 3, 2020. Synopsis State Statute 204B.21, Subd.2 requires appointment of election judges by the City Council at least 25 days before the election. Attachment Resolution CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 16, 2020 DEPARTMENT/DIVISION: Office of City Manager Kathleen Porta, City Clerk ITEM DESCRIPTION: Resolution Approving Appointment of Election Judges for the 2020 Elections ITEM NO.: VIII.D. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-__ RESOLUTION APPOINTING ELECTION JUDGES WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons have agreed to serve as election or alternate judges and are appointed for the Primary Election to be held August 11, 2020, and/or the General Election to be held November 3, 2020. Londa Amundson Cheryl Anderson Mary Ellen Anderson Beverly Annunziato Tony Arndt James Ashley Lisa Ann Ashley Patrick Atkinson Bill Bader Linda Baillie Martha Balfanz Jessica Ballantine Richard Barry Michael Becker Michael Bennett Rachel Benzine Jon Beusen Denise Beusen Jennifer Bharucha Michael Biermaier Sharon Borine Stacey Bozanich David Brennan Tyra Brosseau Sami Brouwer Hannah Brown Toweya Brown-Ochs Barbara Buehl Lori Burkhardt Karen Busack Jean Campbell Carol Cansdale Karen Carl Todd Carlsen KariLyn Carlson Karen Carlson Eric Christiansen Fay E. Clark Barbara Clay Ann Clifford Nancy Conboy John Conley Marilyn Corrigan Alice Cronk Allison Curtis Molly Dahlen Jayne Dakay Jean Daniels Robert Danielson Kathy Dardick Barbara Decker Janet Deems Susan Dickman Mike Diede Lynette Disrud Carolyn Dixon Gretchen Docter Bob Dover Sarah DuBord Joyce Edwards Etienne Eggers Janet Eian Kimberly Eiden Jonathan Emro Diane Falkum Ellyse Ferlauto Antony Ferlauto Cheryl Fiore John Forster Timothy Fox Margaret Francazio Lily Fredericks Deb Fredericks Monica Frischkorn Donnamae Fritz Lynne Gambucci Amy Garrison Raphaela Garton Anita Geach Sung Hoon Gee Patricia Geraty Norbert Gernes Elizabeth Gherity Ronita Ghosh June Gilbert Chris Hallin Kayla Hambek Diane Hamblin Matthew Hansen Caryl Hansen Katherine Hanson Sherry Harms Jean Haskins Connie Hauswirth Glenda Hawkins Thomas Heller Laurie Hemstock William Henry Deb Hetherington Ann Higgins Rosemarie Hilk Deborah Hill Mary Hoch Anne Hofer Karen Hollingsworth Linnea Holt Laura Hookom Paula Hopper Robert Hudson Lynette Hunter Natasha Husain Laura Isensee Jennifer Iverson Theresa Jabs Phyllis Jackson Donald Jacobson Katherine Janes Patricia Jensen Suzette Johnson Terri Johnson Tracy L. Johnson Debra Kehoe Colleen Kennealy Kathleen Kientzle John Kingery Barbara Kistle Debra Kitt Robert Kitt, Jr. Timothy Knaeble Jody Knight Stacey Koehler Laurie Koering Anne Kollmeyer Liliya Karst Mark Krueger Mary Lanners Cheryl Larson Stephanie Liestman Sara Leigh Mary Lillicrap Debra Lind Jane Linden Nancy C. Little Rodney Loeffler Mary Anne Lofstrom Leslie Lohan Gay Ludvig Janet Malkiewicz John Mallo Perdip Mand Gwen Mangiamele Diane Martin Ruth Maydole Leslie McDonald Phillip McGovern Diane McGowan Barbara McGraw Rose Ann Meier Helen Meyers Margaret Mitchell Ann Moe Michael Moesenthin Rebecca Monarchi Denise Morgan Michael Moriarity Pamela Nesbitt Sheri Neumayer Jeanne Nikolas Lauralyn Ninow Leah Nordquist Mike Ochs Katie O’Connor Alan K. Olson Elaine Ososki Joanna Page Joan Palmquist Bipin Paracha Howard Pearlman Matthew Pellowski John Peters Bob Peterson Mary Lou Peterson Sharon Pfeifer Carol Pierce Donald Pitsch Lily Qian Allan Radke Donald Ramler Charles Rank Lori Rau Grace Rau Colleen Reid Gerald Rekedal Elizabeth Retterath John Retterath Paula Rheault Lia Ringhausen Anne Ringquist Gary Rodekuhr Angela Roloff Vickie Rudolph Rod Rue Sigrid Ruhland Jody Russell Paula Rylander Maggie Schultz Colleen Schultz Raymond Schultz Vanita Shah Lisa Sisinni Richard Skala Lisa Smith Baker Julie Sopoci Steven Sopoci Tony Staffenhagen Brad Starr Maura Steblay Bruce Stenswick Mary Stoecker Stieg Strand Gail Stroinski Wesley Sund Sarah Swanson Glen Swanson Judith Terry Roy Terwilliger Lynn Thom Margaret Olson-Thomsen Cynthia Thompson Julie Toskey Judith Truc Julie Tufford Scott Turnbull Randi Usher Patricia Vagnoni Carrie Van Beusekom Mark Voorhees Walter Wagner Huaping Wang Emily Ward Lori Washburn Ann Watanabe Lauren Weaver Richard Weaver Maurice Weiler Mary Ann Weston June Weston Lane Wigley Thomas Wilson JoAnne Wilson Norman York Ashley Young BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. ADOPTED by the Eden Prairie City Council on this 16th day of June, 2020. _______________________ Ronald A. Case, Mayor ATTEST: _______________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 16, 2020 DEPARTMENT/DIVISION: Police Chief Greg Weber ITEM DESCRIPTION: Appointment to 9-1-1 Technical Operations Committee ITEM NO.: VIII.E. Requested Action Move to: Appoint Emergency Communications Specialist Mark Vandenberghe, as the Eden Prairie Police Department alternate representatives to the Metropolitan Emergency Services Board’s 911 Technical Operations Committee. He will be replacing Records Supervisor Cesar Munoz who is currently in the position. City Council approval is required by the Metropolitan Emergency Services Board By-Laws. Synopsis Metropolitan Emergency Services Board By-Laws require one representative and alternate be appointed to the 9-1-1 Technical Operations Committee from each primary and secondary Public Safety Answering Point (PSAP) in the metropolitan region. Attachment Metropolitan Emergency Services Board By-Laws BY- LAWS OF THE METROPOLITAN EMERGENCY SERVICES BOARD 9-1-1 TECHNICAL OPERATIONS COMMITTEE SECTION 1: COMPOSITION There shall be a 9-1-1 Technical Operations Committee composed of no more than one representative and one designated alternate representative from each primary and secondary Public Safety Answering Point (PSAP) in the metropolitan region. The governing body of each PSAP, by resolution, shall appoint its representative to the 9-1-1 Technical Operations Committee or the governing body of each PSAP shall, by resolution, designate an appointing authority to make representative appointments. The governing body or appointing authority may also choose to appoint an alternate representative. If alternate representatives are appointed, they shall have the same voting rights as the representative for whom they are appointed to serve as an alternate. SECTION 2. CHAIR The 9-1-1 Technical Operations Committee shall recommend to the Chair of the Board at the annual organizational meeting of the Board a Chair of the 9-1-1 Technical Operations Committee. The Chair of the Board shall appoint the Chair of the 9-1-1 Technical Operations Committee subject to the approval of the Board. The Chair shall preside at all meetings of the 911 Technical Operations Committee and perform the usual duties of a Chair. SECTION 3. VICE CHAIR The 9-1-1 Technical Operations Committee shall recommend to the Chair of the Board at the annual organizational meeting of the Board a Vice Chair of the Committee. The Chair of the Board shall appoint the Vice Chair of the 9-1-1 Technical Operations Committee, subject to the approval of the Board. The Vice Chair shall perform the duties of the Chair in the absence of the Chair or in the event of his or her inability or refusal to act. SECTION 4. POWER AND DUTIES The 9-1-1 Technical Operations Committee shall have the following powers and duties: a. Present to the Board plans, operating standards, studies, and reports, prepared for the Board purposes and action and recommend to the Board, for adoption, such measures as are deemed necessary to enforce or carry out the powers and duties of the Board. b. Monitor the installation and operations of the regional 9-1-1 system as required by the Board. c. Prepare and submit to the Executive Director by May 1st of each year its recommendations for items to be included in the budget request to the Board for the following year. d. Perform other such duties as may be prescribed by the Board. SECTION 5. VOTING Each member of the 9-1-1 Technical Operations Committee may cast one vote on any motion before the 9-1-1 Technical Operations Committee. A simple majority vote of the members present shall be required to pass any motion, provided there is a quorum. Voting can be either by voice or roll call provided that a roll call vote may be called for by any member of the 9-1-1 Technical Operations Committee. Absentee or proxy voting is not permitted. SECTION 6. MEETINGS The 9-1-1 Technical Operations Committee may provide, by resolution, the time and place for holding regular meetings of the 9-1-1 Technical Operations Committee. Notice of regular meetings of the 9-1-1 Technical Operations Committee shall be given to each member of the 9-1-1 Technical Operations Committee at least five (5) days prior to such meeting, and, in all respects, shall comply with the provisions of the open meeting law. Special meetings of the 9-1-1 Technical Operations Committee may be called by the Chair provided that at least three (3) days notice be given to each member of the 9-1-1 Technical Operations Committee and otherwise comply with the provisions of open meeting law. SECTION 7. QUORUM The majority of the members designated by the appointing authorities shall constitute a quorum. SECTION 8. ATTENDANCE 9-1-1 Technical Operations Committee members or their alternates are expected to regularly attend the meetings. In the event that either a regular member, or their designated alternate representative, fails to attend at least 75% of the regular committee meetings held in any calendar year, that member’s appointing authority will be notified and given an opportunity to appoint a new member and/or designated alternate. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 16, 2020 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: #16-5940 Approve Change Order 6 for the Preserve Boulevard Reconstruction Project ITEM NO.: VIII.F. Requested Action Move to: Approve Change Order 6 for the Preserve Boulevard Reconstruction project. Synopsis Change Order 6 consists of added scope to the project for the installation of the four art structure foundations along the corridor. The art structures were not included in the original contract documents, but added after the contract was awarded. The total costs for Change order 6 are $40,350.00. Staff recommends approval of the changes. Background Information In an effort to integrate public art into the community to support Eden Prairie’s Values of Innovation and Collaboration and to provide a more visually pleasing environment, public art was added as a part of the Preserve Boulevard renovation. The four structurally designed reinforced concrete foundations are needed to support the steel art structures at each location. These art sculptures are expected to be installed near the end of June 2020. More detail and background is included with the attached change order forms. Attachment Change Order No.6 Carter Schulze6/1/20Carter Schulze, Assistant City Engineer 952-949-8339 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 16, 2020 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: #20820 Approve Professional Services Agreement with WSB & Associates, Inc. for Design Services for the Scenic Heights Road Improvements ITEM NO.: VIII.G. Requested Action Move to: Approve Professional Services Agreement with WSB & Associates, Inc. for Design Services for the Scenic Heights Road Improvements in the amount of $133,020.00. Synopsis This Professional Services Agreement will provide design services for the improvement project. The project includes Project Management, Public Engagement, Preliminary Design (including up to 3 mini-roundabout concepts), final design and bidding document preparation meeting MnDOT state aid design standards. Background Information The development review and traffic study of the recent Central Middle School (CMS) expansion project showed a need to improve the intersection of School Road and Scenic Heights Road with the addition of a school grade to CMS in 2021. A roundabout was proven to be the most efficient intersection design analyzed in the study. The goal of this project would be to have roadway improvements completed by the start of the 2021 school year to match the CMS expansion project schedule. Financial Implications The Professional Services Agreement with WSB & Associates, Inc. has an estimated cost of $133,020.00 and will utilize state aid funds. Attachment Professional Services Agreement CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 16, 2020 DEPARTMENT: Public Works Scott Riley / Streets ITEM DESCRIPTION: Approve Contract with Corrective Asphalt Materials for a Cost Not to Exceed $152,000.00 ITEM NO.: VIII.H. Requested Action Move to: Approve contract with Corrective Asphalt Materials for a cost not to exceed $152,000. Synopsis Through direct negotiations Corrective Asphalt Materials provided a quote to place Reclamite, a maltene based rejuvenating agent, to various city streets. This quote will allow approximately 12.25 miles (173,000 square yards) of roadway to receive the rejuvenating agent. This specific rejuvenating agent can only be provided by Corrective Asphalt Materials. (Sole Source Letter has been received and is on file) Funds for this quote will be provided by the Pavement Management Fund. Background Information Asphalt is made up of two components - asphaltenes and maltenes. The asphaltenes are the bonding agent that make the asphalt hard while the maltenes give it its stickiness. When asphalt loses its maltenes, the road surface becomes dry and brittle. This leads to raveling, pitting, cracks, potholes and other signs of aging. Maltenes are lost due to damage by high temperatures during manufacturing, exposure to the sun, freeze-thaw conditions, water, traffic and normal aging. Treating newly laid pavement surfaces with Reclamite replenishes the maltene factions lost for the reasons mentioned above. Placing a rejuvenating agent will delay the need for overlays and other expensive surface courses because it slows raveling and surface cracking. Rejuvenating agents applied to streets are becoming a new and more commonly used practice for pavement management. Rejuvenating agents can help extend the life of an asphalt surface if it is applied with the first several years after a road has been constructed or overlaid. Attachment Contract with Quote Form Exhibit A CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 16, 2020 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: Adopt Resolution to Create a Prioritized Bridge Replacement List ITEM NO.: VIII.I. Requested Action Move to: Adopt Resolution to Create a Prioritized Bridge Replacement List Synopsis The Local Bridge Replacement Program, which is administered by MnDOT State Aid for Local Transportation Division, provides local agencies transportation funding for the reconstruction of bridges on their local road system. The first step in the eligibility process is identifying and prioritizing bridge projects which are supported by City Council resolution and submitting to MnDOT. If approved, the local agency begins developing bridge plans for State Aid approval. Background Information The City has two bridges on their system which are in need of replacement; the Willow Creek Road bridge and the Creek Knoll Road bridge. These two bridges have been identified in the Capital Improvement Plan and funding sources such as State Transportation Funds are options to help fund the project. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- CREATING A PRIORITIZED BRIDGE REPLACEMENT LIST WHEREAS, the City of Eden Prairie has reviewed the pertinent data on bridges requiring replacement, rehabilitation, or removal, supplied by local citizenry and local units of government; and WHEREAS, the City of Eden Prairie has identified those bridges that are high priority and that require replacement within the next capital improvement plan cycle. NOW, THEREFORE, be it resolved that the Eden Prairie City Council agrees that the following deficient bridges are high priority and the City of Eden Prairie intends to replace these bridges as soon as possible when funds are available. Old Bridge Number Road Number or Name Total Project Cost Township or State Bridge Funds Federal Funds Local or State Aid Funds Proposed Construction Year R0803 Willow Creek Road 1,000,000 500,000 0 500,000 2022 L8073 Creek Knoll Road 1,500,000 500,000 0 1,000,000 2027 FURTHERMORE, the City of Eden Prairie does hereby request authorization to replace, such bridges. ADOPTED by the Eden Prairie City Council on June 16, 2020. _____________________________ Ronald A. Case, Mayor ATTEST: SEAL ________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 16, 2020 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Adopt Resolution Ratifying Staff Action and Approval of Construction Contract with Valley Rich Company, Inc. for Emergency Repair of the City’s Sanitary Sewer at 7752 Mitchell Road ITEM NO.: VIII.J. Requested Action Move to: Adopt Resolution Ratifying Staff Action and Approval of Construction Contract with Valley Rich Company, Inc. for the Emergency Repair of the City’s Sanitary Sewer at 7752 Mitchell Road. Synopsis On Thursday, May 21, 2020, the ongoing investigation of a sink-hole at Martin Drive and Mitchell Road uncovered a completely failed public sanitary sewer pipe that was beginning to cause sewer to back up and overflow. The bottom of the 20 foot deep sewer pipe was completely corroded and missing. Replacing the exposed, failed portion of the pipe was assumed to be the solution, however by Friday, May 22, 2020 it became apparent that the damaged area of the pipe was much longer and a total main replacement was required. Complicating this situation was the fact that COVID-19 can be easily transported in sanitary sewer waste streams and a sewer system overflow presents a serious public health concern requiring immediate action. City staff estimated the cost of the project at $ 100,000 and solicited two competing quotes from contractors. One contractor, Parrott Contracting, Inc., declined to offer a proposal due to the short timeline, and the second, Valley Rich Company, Inc., submitted a quote in the amount of $109,670. The City authorized the responsive contractor to begin work once it signed the City’s standard Construction Contract on May 27, 2020. The work was quickly performed, resolving the public health emergency, and the project is substantially complete. Staff now presents the Construction Contract for City Council approval. Background Information On March 16, 2020, the Mayor declared a local emergency related to the coronavirus/COVID-19 pandemic. On March 17, 2020, the City Council adopted Resolution No. 2020-47 extending the period of the local emergency until further action by the City Council. Resolution No. 2020-47 authorizes City staff to enter into agreements and contracts necessary for the procurement of materials, equipment, and services required to respond to the local emergency and to take any other appropriate action to facilitate the Council’s directives to protect the public health, safety and welfare of the City and the community. Coronavirus can be easily transported in sanitary sewer waste streams and an overflow of sanitary sewer waste into the public domain poses a risk for transmission of the virus and constitutes a public health concern. Pursuant to the authority granted in Resolution No. 2020-47, staff authorized the performance of the sanitary sewer repair work and now seeks ratification of that action and Council approval of the Construction Contract with Valley Rich Company, Inc., in the amount of $109,670. Attachments Agreement Resolution 2018 08 01 Construction Contract This Contract (“Contract”) is made on the _16th_day of_June_, 20_20_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Valley Rich Co., Inc._, a Minnesota __Corporation__(hereinafter "Contractor") whose business address is_147 Jonathan Boulevard North, Suite 4, Chaska, Minnesota 55218_. . 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 Contract is to set forth the terms and conditions for the provision of services by Contractor for _Performing the Emergency Repair of the Eden Prairie Public Sanitary Sewer in the Mitchell Road ROW, Vicinity of Lunds Food Holdings at 7752 Mitchell Road_ hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. 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, contractor 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. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by _June 5, 2020_. 3. Compensation for Services. City agrees to pay the Contractor a total amount not to exceed $_109,670_, including a 10% contingency for unforeseen restoration expenses as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor 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. Standard Construction Contract 2018 08 01 Page 2 of 15 Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated 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.” c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. 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 breach 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 Standard Construction Contract 2018 08 01 Page 3 of 15 foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager and Staffing. The Contractor shall designated 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. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor 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. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. Standard Construction Contract 2018 08 01 Page 4 of 15 The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; Standard Construction Contract 2018 08 01 Page 5 of 15 d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. Standard Construction Contract 2018 08 01 Page 6 of 15 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $175,000] 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. Standard Construction Contract 2018 08 01 Page 7 of 15 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services 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 Contract, 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. 20. Insurance. a. General Liability. 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, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. 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 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 Standard Construction Contract 2018 08 01 Page 8 of 15 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 pollution, 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, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein. l. 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. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. 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 Standard Construction Contract 2018 08 01 Page 9 of 15 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. o. 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. 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. 21. 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 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 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 Contract. 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. Standard Construction Contract 2018 08 01 Page 10 of 15 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. 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. 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 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. 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 Contract and entitle the City to immediately terminate this Contract. 26. 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. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. Standard Construction Contract 2018 08 01 Page 11 of 15 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. 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 Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. 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. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, 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. 34. 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 Standard Construction Contract 2018 08 01 Page 12 of 15 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. 35. 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. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. 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. 38. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor 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 Contractor under this Contract 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 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 Contractor 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 Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. Standard Construction Contract 2018 08 01 Page 13 of 15 CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: ________________________________ Standard Construction Contract 2018 08 01 Page 14 of 15 Exhibit A, Scope of Work, to Construction Contract with Valley Rich Company, Inc. for the Emergency Repair of the Sanitary Sewer in the Vicinity of 7752 Mitchell Road Scope of Work CONTRACTOR will perform the following activities: 1. Provide all labor, equipment, and materials necessary to perform the prescribed sanitary sewer repair in accordance with City of Eden Prairie standard guide specifications for underground utility repair. 2. Request all underground utility locates. 3. Provide traffic control for the construction site. 4. Request any permits necessary from Hennepin County. 5. Perform a temporary conveyance of the sanitary sewer between the Lunds service connection manhole and the receiving manhole on Martin Drive. 6. Disconnect existing sanitary sewer main and plug the downstream opening in the manhole in Martin Drive with concrete grout. 7. Fill the abandoned sewer main with flowable fill or sand. 8. Install a new 8-inch HDPE sanitary sewer main at a minimum depth of cover of 8-feet using directional drilling as the installation method. 9. Install a new 48-inch diameter concrete manhole at the Lunds sanitary service connection point with the invert constructed at the same elevation as the Lunds sanitary service entrance into the manhole. 10. Perform any necessary repairs to the Lunds service in order to effect the connection. 11. Core drill the sewer main connection openings in both manholes and seal the sewer main connections into the concrete manholes with water-tight, mechanically compressed rubber seals. 12. Install an inside drop in the receiving manhole. 13. Backfill and compact all excavation openings. Additional Services Restoration of the roadway on Martin Drive may be requested from the Contractor should CITY street crews be unavailable to perform the work. A contingency of approximately 10% of the contract cost will be set-aside to ensure this additional work is covered by the contract. CITY’s Responsibilities CITY shall do the following in a timely manner, so as not to delay the services of CONTRACTOR: 1. Designate a person to act as CITY’s representative with respect to the services to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive information, and interpret and define CITY’s policies and decisions with respect to services for the Assignment. 2. Provide access to the relevant sites sufficient for CONTRACTOR to perform its services under this Agreement. Standard Construction Contract 2018 08 01 Page 15 of 15 3. Provide hydro-excavating support for any work performed under this contract and dispose of all materials removed from the site. 4. Transport offsite all excavation debris and waste soil. 5. Provide fill material and trucking for backfill of the excavations. 6. Perform turf restoration of the lawn areas disturbed by construction. 7. Provide GIS mapping survey of the new sanitary sewer installation. CITY shall bear all costs incident to compliance with its responsibilities pursuant to this section. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- A RESOLUTION RATIFYING STAFF ACTION AND APPROVING A CONTRCT FOR EMERGENCY REPAIR OF THE EDEN PRAIRIE PUBLIC SANITARY SEWER AT 7752 MITCHELL ROAD WHEREAS, on March 16, 2020, the Mayor declared a local emergency related to the coronavirus/COVID-19 pandemic; and WHEREAS, on March 17, 2020, the City Council adopted Resolution No. 2020-47 extending the period of the local emergency until further action by the City Council; and WHEREAS, Resolution No. 2020-47 authorizes City staff to enter into agreements and contracts necessary for the procurement of materials, equipment, and services required to respond to the local emergency and to take any other appropriate action to facilitate the Council’s directives to protect the public health, safety and welfare of the City and the community; and WHEREAS, on May 21, 2020, a public sanitary sewer pipe located at 7725 Mitchell Road failed, creating the risk of backup and overflow of sanitary sewer waste; and WHEREAS, Coronavirus can be easily transported in sanitary sewer waste streams and an overflow of sanitary sewer waste into the public domain constitutes a serious public health concern; and WHEREAS, pursuant to the authority granted in Resolution No. 2020-47, City staff authorized the immediate repair of the sanitary sewer by Valley Rich Co., Inc., the sanitary sewer repair work is substantially complete, and the public health risk related to the local emergency has been abated. NOW, THEREFORE BE IT RESOLVED by the Eden Prairie City Council that City staff’s authorization of the Emergency Repair of the Eden Prairie Public Sanitary Sewer at 7752 Mitchell Road is hereby ratified and the Construction Contract with Valley Rich Co., Inc. in the amount of $109,670 is hereby approved. ADOPTED by the Eden Prairie City Council on June 16, 2020. __________________________ Ronald A. Case, Mayor ATTEST: _________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 16, 2020 DEPARTMENT/DIVISION: Robert Ellis Public Works ITEM DESCRIPTION: Approve Institution Community Work Crew Agreement ITEM NO.: VIII.K. Requested Action Move to: Approve Institution Community Work Crew Agreement. Synopsis Annual agreement for labor assistance provided by the Minnesota Department of Corrections through the Institution Community Work Crew (ICWC) program from July 1, 2020 through June 30, 2022 at a cost of $96,750.00 per year. The types of tasks ICWC members perform are related to street, park and utility maintenance. Background Information Each year, the city relies on labor assistance provided by the Minnesota Department of Corrections through the Institution Community Work Crew (ICWC) program. The types of tasks ICWC members perform are related to street, park and utility maintenance. ICWC members are supervised by a crew leader provided by the state. The ICWC program provides up to ten crew members and one crew leader for four days per week. This program helps provide offender crew members with valuable job skills and experience, while allowing the city to keep maintenance costs of our infrastructure low. Attachment Agreement Income Contract No. __________ (Provided by Department of Administration) STATE OF MINNESOTA INCOME CONTRACT This contract is between the State of Minnesota, acting through its Commissioner of Corrections, Institution Community Work Crew Program (“State”), and the City of Eden Prairie, whose designated business address is 15150 Technology Drive, Eden Prairie, Minnesota, 55344 ("Purchaser"). Recitals 1. Under Minn. Stat. §241.278 the State is empowered to enter into income contracts. 2. The Purchaser is in need of an Institution Community Work Crew (ICWC) on an as needed basis. 3. The State represents that it is duly qualified and agrees to provide the services described in this contract. Contract 1 Term of Contract 1.1 Effective date: July 1, 2020, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: June 30, 2022, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 State’s Duties The State will: 2.1 Provide a crew leader who will supervise up to ten (10) offender crewmembers during four (4) 10-hour days per week, including the hours crew leaders spend for daily preparation, communication and travel. The crew leader will take directions as to the location and nature of the work to be completed on a given day as requested by the Purchaser’s Authorized Representative or designee. 2.2 Train each work crew in safety principles and techniques set forth by applicable federal, state and local agency requirements. Purchaser agrees that the State has the authority to refuse selected projects if it considers the projects beyond the skill level of the crewmembers and/or unsafe to perform. 2.3 Provide the work crew with required personal safety equipment and clothing needed for specific work. 2.4 Screen projects to ensure that appropriate staff are assigned. 2.5 Submit reports to the Purchaser upon request. 3 Purchaser’s Duties The Purchaser will 3.1 Obtain all necessary permits or licenses or special authority for all projects that utilize ICWC labor. 3.2 Assign all work and coordinate material purchases and delivery through the ICWC crew leader for projects to be performed by the State. 3.3 Hire any subcontractors utilized in the project. 3.4 Provide utilities at the work site and set up accounts for the purchase of materials and rental of specialized tools or equipment needed for the work. 3.5 Meet with the State as necessary to provide project information needed by the State in the performance of its’ duties. 4 Payment The Purchaser will pay the State for all services performed by the State under this contract as follows: Payment shall be made by the Purchaser to the State in the amount of forty-eight thousand three hundred seventy- five and 00/100 dollars ($48,375) on July 1, 2020, forty-eight thousand three hundred seventy-five and 00/100 dollars ($48,375) on December 1, 2020, forty-eight thousand three hundred seventy-five and 00/100 dollars ($48,375) on July 1, 2021, and forty-eight thousand three hundred seventy-five and 00/100 dollars ($48,375) on December 1, 2021. Any overtime hours will be billed at the rate of seventy-five and 00/100 dollars ($75.00) per hour. The total obligation of the Purchaser for all compensation and reimbursements to the State under this contract is one hundred seventy nine thousand and 00/100 dollars ($193,500.00), plus any additional overtime hours, as its share of the cost of providing a crew leader and placing the work crews into service on the ICWC Program during the term of this agreement. The Purchaser’s share includes time scheduled for training, vacation, sick leave and holidays based on the terms and condition of the crew leaders AFSCME bargaining agreement. 5 Authorized Representatives The State's Authorized Representative is Scott Miller, ICWC Supervisor 1450 Energy Park Drive, Suite 200, St. Paul, MN 55108. Phone: 651-587-0570, or his successor. The Purchaser’s Authorized Representative is Bill Olmschenk, Parks Supervisor, City of Eden Prairie, 15150 Technology Drive, Eden Prairie, Minnesota, 55344 or his successor. 6 Amendments, Waiver, and Contract Complete 6.1 Amendments. Any amendment to this contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 6.2 Waiver. If the State fails to enforce any provision of this contract, that failure does not waive the provision or its right to enforce it. 6.3 Contract Complete. This contract contains all negotiations and agreements between the State and the Purchaser. No other understanding regarding this contract, whether written or oral, may be used to bind either party. 7 Liability Each party will be responsible for its own acts and behavior and the results thereof. Each party will be responsible for its own acts and behavior and the results thereof. The liability of each party is set out respectively in chapter 3.736 and Chapter 466.04 of the Minnesota Statutes and is subject to the limitations thereof. Nothing herein shall be construed to limit either party from asserting against third parties any defenses or immunities (including common law, statutory and constitutional) it may have or be construed to create a basis for a claim or suit when none would otherwise exist. This provision shall survive the termination of this Agreement. 8 Government Data Practices The Purchaser must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Purchaser or the State. If the Purchaser receives a request to release the data referred to in this Clause, the Purchaser must immediately notify the State. The State will give the Purchaser instructions concerning the release of the data to the requesting party before the data is released. 9 Publicity Any publicity regarding the subject matter of this contract must not be released without prior written approval from the State’s Authorized Representative. 10 Audit Under Minn. Stat. § 16C.05, subd. 5, the Purchaser’s books, records, documents, and accounting procedures and practices relevant to this contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a total of six years. 11 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this contract. Venue for all legal proceedings out of this contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 12 Termination Either party may terminate this agreement at any time, with or without cause, upon 30 days’ written notice to the other party. 1. PURCHASER The Purchaser certifies that the appropriate person(s) have executed the contract on behalf of the Purchaser as required by applicable articles, bylaws, resolutions, or ordinances. By Title Date By Title Date 2. STATE AGENCY With delegated authority By Title Date 3. Commissioner of Administration As delegated to Materials Management Division By Date Distribution DOC Financial Services Unit – Original (fully executed) contract Purchaser State’s Authorized Representative Budget Officer of Authorized Representative Department of Administration – Materials Management Division CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 16, 2020 DEPARTMENT/DIVISION: Rick Getschow, City Manager ITEM DESCRIPTION: Resolution approving participation in the Performance Measurement Program established by the Council on Local Results and Innovation ITEM NO.: VIII.L. Requested Action Move to: Adopt the resolution approving participation in the performance measurement program established by the Council on Local Results and Innovation. Synopsis The City of Eden Prairie has already implemented the required 10 measures with the majority of them coming from the Quality of Life Survey. This resolution is a formality to adopt the measures and approve using results we already have for a state program in order to receive financial benefit. Background In February 2012, the Council on Local Results and Innovation created a voluntary performance measurement program. Requirements of the program include officially adopting and implementing the ten minimum performance measures, reporting the results to the residents through at least one of the following means: publication, direct mailing, posting on the entity's website, or through a public hearing at which the budget and levy will be discussed and public input allowed, and submission of the resolution and results to the Office of the State Auditor. Benefits to the City of Eden Prairie for participation include a reimbursement of $0.14 per capita annually and exemption from levy limits for taxes, if levy limits are in effect. The intention is to use the funds to support participation in the ICMA Insights performance management and analytics program. This will help staff to advance our current goals and results performance measures increasing transparency. Attachments Resolution Performance Measurement Report Submittal List of Standard Measures for Cities CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-__ RESOLUTION APPROVING PARTICIPATION IN THE PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY THE COUNCIL ON LOCAL RESULTS AND INNOVATION WHEREAS, the Council on Local Results and Innovation established by the Minnesota Legislature has implemented a voluntary performance measurement and reporting program; and WHEREAS, benefits to the City of Eden Prairie for participation include a reimbursement of $0.14 per capita annually and exemption from levy limits for taxes, if levy limits are in effect; and WHEREAS, the Council on Local Innovations and Results has established a standard set of measures for cities to adopt and report; and WHEREAS, the City has adopted and implemented at least 10 of the measures in order to satisfy the program’s requirements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City of Eden Prairie will report any updates of the performance measures to its citizenry by the end of the year through publication, direct mailing, posting on the city’s/county’s website, or through a public hearing at which the budget and levy will be discussed and public input allowed. BE IT FURTHER RESOLVED, the City Council of Eden Prairie will submit to the Office of the State Auditor the actual results of the performance measures adopted by the City. ADOPTED by the Eden Prairie City Council on the 16th day of June, 2020. _________________________ Ronald A. Case, Mayor ATTEST: __________________________ Kathleen Porta, City Clerk Performance Measurement Program Report City of Eden Prairie 6/16/2020 General Measure Result Notes Rating of the overall quality of Eden Prairie services Excellent- 42% Good- 50% Fair- 5% Poor- 1% Don’t Know- 3% 2018 Quality of Life Survey- 1755 Reponses Citizens’ rating of the overall appearance of the city Excellent- 56% Good- 38% Fair- 5% Poor- 1% Don’t Know- 0% 2018 Quality of Life Survey- 1826 Responses Bond Rating Aaa AAA Moody’s Investors Service Standard & Poor’s Rating Services Citizens’ rating of the quality of city recreational programs and facilities Recreation services (programs and classes) Excellent- 47% Good- 36% Fair- 6% Poor- 1% Don’t Know- 10% Recreation centers or facilities Excellent- 48% Good- 36% Fair- 6% Poor- 1% Don’t Know- 8% 2018 Quality of Life Survey- Recreation services 1752 responses 2018 Quality of Life Survey- Recreation centers or facilities 1752 responses Police Services Measure Result Notes Citizens’ rating of safety in community (Overall feeling of safety in Eden Prairie) Excellent- 50% Good- 43% Fair- 6% Poor- 1% Don’t Know- 0% 2018 Quality of Life Survey- 1948 responses Fire & EMS Services Measure Result Notes Citizens’ rating of the quality of fire protection services Excellent- 53% Good- 26% Fair- 1% Poor- 1% Don’t Know 19% 2018 Quality of Life Survey- 1756 responses Streets Measure Result Notes Citizens’ rating of the quality of city streets as a whole Excellent- 28% Good- 59% Fair- 12% Poor- 1% Don’t Know- 0% 2018 Quality of Life Survey- 1762 responses Citizens’ rating of the quality of snow removal on city streets Excellent- 43% Good- 40% Fair- 12% Poor- 3% Don’t Know- 2% 2018 Quality of Life Survey- 1764 responses Water Measure Result Notes Citizens’ rating of the quality of the city’s drinking water Excellent- 39% Good- 43% Fair- 12% Poor- 5% Don’t Know- 2% 2018 Quality of Life Survey- 1760 responses Sanitary Sewer Measure Result Notes Citizens’ rating of the quality of water and sewer services Excellent- 37% Good- 48% Fair- 7% Poor- 1% Don’t Know- 8% 2018 Quality of Life Survey- 1747 responses General Police Services Fire& EMS Services Streets Water Sanitary Sewer Standard Measures for Cities 1. Rating of the overall quality of services provided by your city (survey data, provide 'Example of responses: excellent, good, fair, poor year completed and total responses) 2. 3. 4.* S.* 6.* 7. Percent change in the taxable property market value Citizens' rating of the overall appearance of the city (survey data, provide year completed and total responses) Nuisance code enforcement cases per 1,000 population Number of library visits per 1,000 population Bond rating Citizens' rating of the quality of city recreational programs and facilities (survey data, provide year completed and total responses) 8. * I Accuracy of post election audit(% of ballots counted accurately) 9. I Part I and II Crime Rates 10. • I Part I and II Crime Clearance Rates County assessor's office data Example of responses: excellent, good, fair, poor (Number of cases I Population) x 1,000 =cases per 1,000 population (Number of visits/ Population) x 1,000 =visits per 1,000 population Standard & Poor's Ratings Services or Moody's Investor Services Example of responses: excellent, good, fair, poor Submit data as reported by the Minnesota Bureau of Criminal Apprehension Submit data as reported bv the Minnesota Bureau of Criminal Apprehension 11. Citizens' rating of safety in their community (survey data, provide year completed I Example of responses: very safe, somewhat safe, neither safe nor unsafe, somewhat and total responses) unsafe, very unsafe 12. Averal!e police response time !Average time it takes to respond to top pri_()rity calls fr()m dispatch to officer on scene. 13. I Insurance industry rating of fire services Insurance Service Office (ISO) Rating. The ISO issues ratings to fire departments throughout the country for the effectiveness of their fire protection services and equipment. ISO analyzes data and then assigns a classification from 1to10. Class 1 represents superior property fire protection and Class 10 indicates that the area's fire suppression program does not meet ISO's minimum criteria. 14. Citizens' rating of the quality of fire protection services (survey data, provide year 'Example of responses: excellent, good, fair, poor completed and total responses) 15. !Average fire response time 16.* I Fire calls per 1,000 population 17. * I Number of fires with loss resulting in investigation 18.* IEMScallsperl,OOOpopulation 19. I Emergency Medical Services average response time 20. !Average city street pavement condition rating Average time it takes from dispatch to apparatus on scene for calls that are dispatched as a possible fire (Number of calls I population) x 1,000 =calls per 1,000 population (Number of calls I population) x 1,000 =calls per 1,000 population Average time it take~ from dispatch to arrival of EMS Provide average rating and the rating system program/type. Example, 70rating on the Pavement Condition Index (PCI). 21. Citizens' rating of the road conditions in their city (survey data, provide year I Example of responses: excellent, good, fair, poor. Alternatively: good condition, mostly completed and total responses) good condition, many bad spots 22.* 23.* 24.* 25. 26. Expenditures for road rehabilitation per paved lane mile rehabilitated (jurisdiction !Total cost for rehabilitations/ lane miles rehabilitated onlvroads) Percentage of all jurisdiction lane miles rehabilitated in the year jLane miles rehabilita_ted in year I total number of lane miles Average hours to complete r<>_ad system during snow event Citizens' rating of the quality of snowplowing on city streets (survey data, provide 'Example of responses: excellent, good, fair, poor Citizens' rating of the dependability and quality of the city water supply (survey data, provide y~r completecl_and total responses) Example of responses: excellent, good, fair, poor 27. I Operating cost per 1,000,000gallons of water pumped/produced Centrally provided system: (actual operating expense for water utility I (total gallons pumped/ 1,000,000)) =cost per million 28. Citizens' rating of the depend,ability and quality of city sanitary sewer service (Provide year completed and total responses) 29'. !Number of sewer blockages C>n city syst;fi!'per 100 connection~ Example of responses: excellent, good, fair, poor Centrally provided system: (Number of blockages I number of connections) x 100 = blockages per 100 connections'. *New or amended measure CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: June 16, 2020 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 274944 - 275371 Wire Transfers 1025357 - 1025536 Wire Transfers 7654 - 7691 Purchasing Card 7683 City of Eden PrairieCouncil Check Summary 6/8/2020 Division Amount Division Amount 000 General 208,468 308 E-911 401 100 City Manager 21,721 309 DWI Forfeiture 42 101 Legislative 543 315 Economic Development 11,971 102 Legal Counsel 45,450 445 Cable PEG 43,598 110 City Clerk 354 502 Park Development 21,835 111 Customer Service 3,289 509 CIP Fund 195,704 112 Human Resources -454 512 CIP Trails 9,321 113 Communications 80 513 CIP Pavement Management 538 114 Benefits & Training 9,639 522 Improvement Projects 2006 30,024 130 Assessing 3,125 528 Shady Oak Rd-CR 61 North 527 131 Finance 7,484 532 EP Road Connect Flying Cloud 18,991 132 Housing and Community Services 3,271 804 100 Year History 13 133 Planning 312 Total Capital Projects Fund 332,964 136 Public Safety Communications 9,226 137 Economic Development -10,264 601 Prairie Village Liquor 233,077 138 Community Development Admin.11 602 Den Road Liquor 455,631 151 Park Maintenance 65,222 603 Prairie View Liquor 115,403 153 Organized Athletics 80 605 Den Road Building 2,497 154 Community Center 8,425 701 Water Enterprise Fund 627,787 156 Youth Programs 2,777 702 Wastewater Enterprise Fund 451,497 157 Special Events 132 703 Stormwater Enterprise Fund 197,180 158 Senior Center 332 Total Enterprise Fund 2,083,072 162 Arts 326 163 Outdoor Center 792 802 494 Commuter Services 37,218 180 Police Sworn 33,977 806 SAC Agency Fund 7,455 184 Fire 21,407 807 Benefits Fund 1,248,236 186 Inspections 928 809 Investment Fund 1,185 200 Engineering 2,212 810 Workers Comp Insurance 145,407 201 Street Maintenance 40,192 811 Property Insurance 10,060 202 Street Lighting 35,185 812 Fleet Internal Service 209,398 Total General Fund 514,241 813 IT Internal Service 249,597 814 Facilities Capital ISF 109,489 301 CDBG 18,589 815 Facilites Operating ISF 68,698 303 Cemetary Operation 1,460 816 Facilites City Center ISF 83,812 Total Special Revenue Fund 20,049 817 Facilites Comm. Center ISF 46,536 Internal Svs/Agency Funds 2,217,090 Report Total 5,167,416 City of Eden Prairie Council Check Register by GL 6/16/2020 Check #Amount Supplier / Explanation Account Description Business Unit Comments 1025530 377,664 RICE LAKE CONSTRUCTION GROUP Improvement Contracts Water Capital Ground Storage Reservoire/Pump Station 275103 350,217 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee June 2020 7690 296,467 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits June 2020 Premiums 7679 245,693 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 05.22.20 7662 229,992 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 05.08.20275339187,528 PETERSON COMPANIES Improvement Contracts Wastewater Capital City Yard Waste Drop Off 275233 180,698 RILEY PURGATORY BLUFF CREEK WATERSHED DI Improvement Contracts Stormwater Capital Bridge and Stormwater sewer outfalls 7660 173,493 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Period ending 04.20.20 7677 172,083 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Period ending 05.08.20 275207 145,407 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Work Comp premiums1025440137,361 SHI CORP Software Maintenance IT Operating Software Maint.MS enterprise renewal 2020 1025483 126,308 ODESA II LLC Other Contracted Services General Fixed Asset Account Gr Anderson Lakes Pkwy/Purgatory Creek sidewalk 1025444 104,642 TOWMASTER INC Machinery & Equipment Fleet Capital Truck Dump Body and Plow Equipment 275331 103,000 NAC Other Contracted Services Facilities Capital City Ctr Chiller replacement 7666 84,700 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture102549883,403 XCEL ENERGY Electric Building 51 . 275121 72,450 RILEY PURGATORY BLUFF CREEK WATERSHED DI Improvements to Land General Fixed Asset Account Gr 275327 48,731 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 275201 48,533 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 275091 41,800 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store102552240,797 MINNESOTA ROADWAYS CO Other Contracted Services Capital Maint. & Reinvestment 1025477 37,050 LOGIS LOGIS IT Operating 275237 35,870 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 275095 35,166 LANO EQUIPMENT INC Autos Wastewater Enterprise Fund 7683 34,243 USB-PURCHASING CARD Operating Supplies Tree Replacement Fund27499130,429 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1025362 29,796 MIDWAY FORD Autos Fleet - Park & Rec 275234 29,500 ROEHL CHRISTOPHER Other Contracted Services Water Distribution 1025509 28,814 ADVANCED ENGINEERING & ENVIRONMENTAL SE Repair & Maint. Supplies EP Rd Connect to Flying Cloud 1025426 28,806 GRANICUS INC Other Contracted Services IT Operating102540228,738 AVI SYSTEMS INC Equipment Repair & Maint Cable PEG 7664 25,578 EMPOWER Deferred Compensation Health and Benefits 7681 25,306 EMPOWER Deferred Compensation Health and Benefits 275313 25,057 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1025499 24,721 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Den Road Building27526123,178 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - Tenant Cost 1025474 22,643 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Council 275200 21,985 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 7663 20,710 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 7680 20,486 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits27527520,408 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1025442 19,621 SRF CONSULTING GROUP INC Deposits Shady Oak Rd-CR 61 North 275367 19,140 VIDEOTRONIX INC Other Assets Park Acquisition & Development 275255 18,076 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 275228 17,836 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store102548717,792 SRF CONSULTING GROUP INC Design & Engineering EP Rd Connect to Flying Cloud 275097 17,074 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 275311 16,672 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 1025448 16,295 XCEL ENERGY Electric Prairie Village Liquor Store 275128 16,154 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store27532415,650 MEMORY INNOVATION LLC Cleaning Supplies Facilities Operating ISF Check #Amount Supplier / Explanation Account Description Business Unit Comments765815,584 WORLDPAY INTEGRATED PAYMENTS Bank and Service Charges Prairie View Liquor Store 275216 15,490 MARCO INC Hardware - R&M IT Capital 7670 15,419 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 274949 15,377 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store27505214,745 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 275300 14,734 GRAYMONT Treatment Chemicals Water Treatment 275081 14,676 GRI EDEN PRAIRIE, LLC Building Rental Prairie Village Liquor Store 275017 14,487 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 275349 14,266 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment27515214,091 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 1025529 14,016 REINDERS INC Chemicals Tree Disease 7676 13,101 FURTHER - AKA SELECT HSA - Employee Health and Benefits 275151 12,836 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 275120 12,635 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment27496712,600 CHCR LLC Deposits General Fund 275043 12,589 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 275166 12,540 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 275355 11,857 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 274962 11,118 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store27527211,065 BOLTON & MENK INC Design & Engineering Improvement Projects 2006 275356 10,903 SSI KEF SLB LLC Electric Maintenance Facility 275345 10,785 PROP Other Contracted Services CDBG - Public Service 275027 10,616 VERIZON WIRELESS Other Contracted Services IT Operating 275142 10,546 TYLER TECHNOLOGIES INC Software Maintenance IT Operating102547010,524 DIVERSE BUILDING MAINTENANCE Janitor Service Facilities Operating ISF 275090 10,279 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 275116 10,199 PHOTOSHELTER INC Software Maintenance IT Operating 275253 10,000 TOLEDO YARDSCAPE LLC Contract Svcs - Lawn Maint.City Center - CAM 275185 9,858 GRAYMONT Treatment Chemicals Water Treatment2750299,760 XCEL ENERGY CTR Other Contracted Services General Fixed Asset Account Gr 275079 9,717 GRAYMONT Treatment Chemicals Water Treatment 274990 9,646 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 275209 9,545 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 275153 9,271 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store2751609,162 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 274950 9,066 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 275326 8,955 MIDWEST PLAYSCAPES Landscape Materials/Supp Park Maintenance 275149 8,944 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 1025518 8,714 HANSEN THORP PELLINEN OLSON Design & Engineering CIP Pavement Management2751478,192 WORKS COMPUTING INC Software Maintenance IT Operating 275007 8,028 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1025421 7,971 CENTERPOINT ENERGY Gas General Community Center 7655 7,872 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission 275235 7,798 SIR LINES-A-LOT Contracted Striping Traffic Signs2750447,759 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 7672 7,646 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission 275072 7,449 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Operating 275274 7,393 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 275033 7,380 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund10254687,309 CENTERPOINT ENERGY Gas Water Treatment 1025466 7,161 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 275005 7,121 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 275059 7,000 CLIFTONLARSONALLEN LLP Audit & Financial Finance 1025406 6,715 GREENSIDE INC Contract Svcs - Asphalt/Concr.Senior Center10253946,669 WALL TRENDS INC Contract Svcs - General Bldg Police (City Cost) Check #Amount Supplier / Explanation Account Description Business Unit Comments2751906,661 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 275369 6,650 WATER CONSERVATION SERVICES INC OCS - Leak Detection Water Distribution 1025484 6,629 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Facilities Capital 1025423 6,559 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station2750476,492 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 275154 6,479 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor - Incentives Prairie View Liquor Store 274960 6,248 BOLTON & MENK INC Design & Engineering General Fund 275115 6,117 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 275215 6,071 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating2750546,043 CARVER COUNTY LICENSE CENTER Autos Fleet - Public Works 274944 6,030 EDEN PRAIRIE HOCKEY ASSOCIATION Deposits General Fund 275256 5,927 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 275252 5,835 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 7675 5,731 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits2752935,611 FIRE CATT LLC Equipment Testing/Cert.Fire 7687 5,579 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 274975 5,422 CROSS NURSERIES Landscape Materials/Supp Tree Replacement Fund 275341 5,392 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1025521 5,335 METRO SALES INCORPORATED*Other Rentals IT Operating10253785,295 DAKOTA SUPPLY GROUP INC Improvement Contracts Water Capital 275041 5,219 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 275188 5,069 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services 275353 5,064 SILVER STAR INDUSTRIES Autos Fleet - Police 7691 5,040 FURTHER - AKA SELECT HRA Health and Benefits10254755,030 HAWKINS INC Treatment Chemicals Water Treatment 274983 4,809 GRAYMONT Treatment Chemicals Water Treatment 275243 4,762 SUPERIOR STRIPING INC Contract Svcs - Asphalt/Concr.City Center - CAM 275143 4,719 TYTANN BLACKTOPPING Other Contracted Services Rehab 1025443 4,698 STREICHERS Clothing & Uniforms Police Sworn10254654,608 A-SCAPE INC Contract Svcs - Lawn Maint.Den Bldg. - CAM 275150 4,591 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 275085 4,534 HEALTHPARTNERS Payroll-ExecutiveDirector 494 Corridor Commission 275014 4,518 SIGNSOURCE Signs Park Maintenance 275073 4,469 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating10255154,290 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection 275257 4,159 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 1025418 4,132 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1025419 4,117 BIFFS INC Waste Disposal Utility Operations - General 1025472 4,102 GENUINE PARTS COMPANY Operating Supplies Fleet Operating2753704,093 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 275299 4,035 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 274955 3,970 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 275269 3,942 BITUMINOUS ROADWAYS INC Outside Water Sales Water Enterprise Fund 1025532 3,913 STREICHERS Clothing & Uniforms Police Sworn10253723,894 A-SCAPE INC Contract Svcs - Lawn Maint.Den Bldg. - CAM 1025497 3,893 WM MUELLER AND SONS INC Patching Asphalt Stormwater Collection 274953 3,882 ALADTEC INC Software Maintenance IT Operating 275130 3,829 SOUTHWEST TRANSIT Outside Water Sales Water Enterprise Fund 274957 3,787 BARKER HAMMER & ASSOCIATES INC Cleaning Supplies Facilities Operating ISF2752893,770 DUNSMORE ASPHALT INC Asphalt Overlay Water Distribution 275137 3,737 SUPERIOR STRIPING INC Contract Svcs - Asphalt/Concr.Senior Center 275042 3,703 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 274947 3,583 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 275325 3,500 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission2750113,358 RAY ALLEN MANUFACTURING CO INC Autos Fleet Capital Check #Amount Supplier / Explanation Account Description Business Unit Comments10253773,320 CENTERPOINT ENERGY Gas Senior Center 275227 3,319 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1025519 3,318 ITRON INC.Maintenance Contracts Water Metering 274948 3,258 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store76653,252 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 274945 3,200 HARRISON CRAIG AR Utility Water Enterprise Fund 1025454 3,182 GREENSIDE INC Contract Svcs - Lawn Maint.City Center - CAM 274964 3,173 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 274985 3,172 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store2749873,128 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting 275222 3,125 MOVEFWD INC Other Contracted Services Housing and Community Service 1025501 3,110 BRAUN INTERTEC CORPORATION Design & Engineering Water Capital 1025392 3,056 STREICHERS Clothing & Uniforms Volunteers 275124 3,040 SCHICHTELS NURSERY INC Landscape Materials/Supp Tree Replacement Fund2751943,011 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting 275140 3,000 TECH ACUMEN INCORPORATED Other Contracted Services Den Road Liquor Store 1025488 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 275076 2,958 GERTENS Landscape Materials/Supp Tree Replacement Fund 275087 2,926 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store10254302,904 LOGIS Network Support Assessing 275096 2,881 LEAGUE MN CITIES INS TRUST Property Insurance 494 Corridor Commission 1025508 2,840 VINOCOPIA Liquor Product Received Prairie View Liquor Store 275018 2,740 SPEEDPRO IMAGING INC Advertising Prairie View Liquor Store 275205 2,650 LANDMARK REMODELING LLC Other Contracted Services Rehab10254472,625 WM MUELLER AND SONS INC Gravel Water Distribution 274965 2,605 CENTURYLINK Telephone City Center - CAM 275277 2,576 CENTURYLINK Telephone City Center - CAM 275306 2,542 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1025427 2,513 HANSEN THORP PELLINEN OLSON Other Contracted Services CIP Trails10254582,500 SOPPELAND, LONNIE Tuition Reimbursement/School Organizational Services 275036 2,462 NORTHLAND CONCRETE & MASONRY Fire Hydrant Permits Water Enterprise Fund 275187 2,455 GREEN ACRES SPRINKLER COMPANY Other Contracted Services Staring Lake 1025375 2,454 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1025510 2,428 A-SCAPE INC Contract Svcs - Lawn Maint.Fire Station #410254612,402 VINOCOPIA Liquor Product Received Prairie View Liquor Store 275264 2,392 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1025534 2,384 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 275065 2,331 COMMERCIAL ASPHALT CO Patching Asphalt Street Maintenance 275340 2,232 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn10253702,212 WSB & ASSOCIATES INC Design & Engineering Engineering 275210 2,210 LIGHTING PLASTICS OF MN Supplies - General Bldg Facilities Operating ISF 1025491 2,174 STREICHERS Clothing & Uniforms Volunteers 275167 2,160 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Stormwater Collection 1025516 2,116 FILTRATION SYSTEMS Supplies - HVAC Police (City Cost)1025387 2,110 MOTOROLA Equipment Repair & Maint Public Safety Communications 275254 2,110 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 275347 2,065 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1025431 2,056 MARSHALL & SWIFT Dues & Subscriptions IT Operating 1025373 2,006 ASPEN EQUIPMENT CO.Autos Fleet Capital2752792,000 CITY OF EDEN PRAIRIE Dues & Subscriptions Fire 1025404 1,993 FASTENAL COMPANY Equipment Parts Fleet Operating 275113 1,989 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 7685 1,986 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 1025463 1,969 WENCK ASSOCIATES INC OCS - Monitoring Stormwater Non-Capital10254241,963 GARTNER REFRIGERATION & MFG INC Contract Svcs - Ice Rink Ice Arena Maintenance Check #Amount Supplier / Explanation Account Description Business Unit Comments2751971,960 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 1025527 1,924 POMP'S TIRE SERVICE INC Tires Fleet Operating 275229 1,920 PRESCRIPTION LANDSCAPE Landscape Materials/Supp Street Maintenance 1025496 1,890 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store10254691,888 DAIKIN APPLIED Contract Svcs - HVAC City Center - CAM 1025417 1,869 ASPEN EQUIPMENT CO.Auto Repair & Maint.Utility Operations - General 275146 1,848 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 7654 1,844 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 1025395 1,838 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store2750091,796 PLYMOUTH FRAMERY Miscellaneous Police Sworn 275169 1,745 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 1025433 1,739 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC City Center - CAM 275335 1,708 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1025398 1,706 ZARNOTH BRUSH WORKS INC.Operating Supplies Park Maintenance2750771,702 GOPHER STATE ONE-CALL Other Contracted Services Utility Operations - General 1025385 1,661 METRO SALES INCORPORATED*Printing/Copying IT Operating 1025467 1,658 CDW GOVERNMENT INC.Computers IT Operating 1025473 1,656 GRAINGER Repair & Maint. Supplies General Community Center 1025382 1,644 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Fleet Operating10254031,642 CUSTOM HOSE TECH Equipment Parts Fleet Operating 1025511 1,557 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1025384 1,541 MENARDS Small Tools General Community Center 1025414 1,525 VAN PAPER COMPANY Cleaning Supplies Facilities Operating ISF 1025489 1,518 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Equipment Repair & Maint Park Maintenance10254501,500 CLAREY'S SAFETY EQUIPMENT Capital Under $25,000 Capital Maint. & Reinvestment 1025446 1,453 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 1025383 1,404 JEFFERSON FIRE & SAFETY INC Clothing-TurnOut Gear Fire 275336 1,398 PEQUOD DISTRIBUTION Liquor Product Received Prairie View Liquor Store 1025396 1,378 WM MUELLER AND SONS INC Asphalt Overlay Street Maintenance2752411,368 STRYKER SALES CORPORATION EMS Supplies Fire 275148 1,364 YORKTOWN OFFICES Rent 494 Corridor Commission 7684 1,351 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 1025485 1,350 SHERWIN WILLIAMS Safety Supplies Facilities Operating ISF 275070 1,341 EARL F ANDERSEN INC Signs Park Maintenance10254281,335 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Fleet Operating 275056 1,330 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 1025371 1,306 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 275117 1,300 PRECISE MRM LLC Other Contracted Services Snow & Ice Control 1025361 1,299 HACH COMPANY Laboratory Chemicals Water Treatment2752241,290 NATIONAL MARTIAL ARTS ASSOCIATION, INC Instructor Service Lesson Skills Development 275114 1,273 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 274968 1,250 CHEF MARSHALL O'BRIEN GROUP Conference/Training Fire 275321 1,235 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 275262 1,221 AIRGAS USA LLC Supplies - Pool Pool Maintenance2751311,200 STANLEY STEEMER INTERNATIONAL INC Contract Svcs - General Bldg Fitness/Conference - Cmty Ctr 275144 1,185 US BANK Interest Investment Fund 275037 1,175 PERA Payroll-ExecutiveDirector 494 Corridor Commission 1025432 1,175 MENARDS Operating Supplies City Hall (City Cost) 275174 1,173 DALE GREEN COMPANY, THE Landscape Materials/Supp Park Maintenance2749741,153 CORE & MAIN Repair & Maint. Supplies Stormwater Collection 7674 1,146 FURTHER - AKA SELECT Other Contracted Services Health and Benefits 275337 1,144 PERA Payroll-ExecutiveDirector 494 Corridor Commission 275028 1,132 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 275236 1,101 SMSC ENTERPRISES Landscape Materials/Supp Park Maintenance2751841,087 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments2749791,081 EARL F ANDERSEN INC Signs Traffic Signs 275032 1,080 HILLARD RICK Rebates Stormwater Non-Capital 275139 1,058 SYMBOLARTS Awards Safety Camp 1025505 1,051 R & R SPECIALTIES OF WISCONSIN INC Supplies - General Bldg Ice Arena Maintenance2753331,036 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Fleet Operating 275102 1,010 MEGA BEER Liquor Product Received Prairie Village Liquor Store 275175 1,009 DEALER AUTOMOTIVE SERVICES INC Autos Fleet Capital 275107 975 MN HELICOPTERS INC Other Contracted Services Park Maintenance 275127 975 SKEESICK, FORREST Accounts Receivable TIF-Eden Shores Senior Housing275067964CORE & MAIN Repair & Maint. Supplies Stormwater Collection 275049 935 BARKER HAMMER & ASSOCIATES INC Cleaning Supplies Facilities Operating ISF 275158 934 ALLMANN, ANDY Tuition Reimbursement/School Organizational Services 1025401 928 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 275213 922 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store275312920JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 275089 918 J H LARSON COMPANY Supplies - Electrical General Community Center 274952 913 ADAM BETTCHER PHOTOGRAPHY Other Contracted Services Police Sworn 275223 911 NAC Contract Svcs - Plumbing Arts Center 275164 910 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn1025368907VAN PAPER COMPANY Tenant 1-Cleaning Supply Facilities Operating ISF 275294 904 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating 274978 903 DOMACE VINO Liquor Product Received Den Road Liquor Store 275034 900 MILLER CRAIG Rebates Stormwater Non-Capital 275281 898 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store275308889INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1025429 888 JASPER ENGINEERING & EQUIPMENT COMPANY Treatment Chemicals Water Treatment 7669 877 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 275314 860 KRAUS KATY P&R Refunds Community Center Admin 275189 853 HENNEPIN COUNTY I/T DEPT Software Maintenance Public Safety Communications275320833MARCO INC Hardware - R&M IT Operating 275084 830 HEALTH STRATEGIES Health & Fitness Fire 275192 813 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Pool Maintenance 1025425 792 GRAINGER Repair & Maint. Supplies Park Maintenance 1025364 773 ROTO-ROOTER Contract Svcs - Plumbing Maintenance Facility1025525772NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 275361 760 THE ADVENT GROUP Temp 494 Corridor Commission 275186 759 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 275045 754 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Repair & Maint Fleet Operating 275001 753 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store1025502751CONCRETE CUTTING AND CORING Repair & Maint. Supplies Stormwater Collection 1025513 747 CDW GOVERNMENT INC.Computer -Accessories IT Operating 275004 746 PAPCO INC Janitor Service City Center - CAM 7668 745 U.S. BANK - I-494 PURCH. CARD Corridor Comm. Misc 494 Corridor Commission 1025369 742 VINOCOPIA Liquor Product Received Den Road Liquor Store1025528740PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Fire Station #1 1025416 739 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1025460 723 VAN PAPER COMPANY Cleaning Supplies Facilities Operating ISF 1025526 714 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 275195 713 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store275069709DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1025380 687 GRAINGER Cleaning Supplies Park Maintenance 274981 680 FIRE SAFETY USA INC Clothing & Uniforms Fire 275141 680 THE ADVENT GROUP Temp 494 Corridor Commission 275350 675 SAFETY VEHICLE SOLUTIONS Equipment Repair & Maint Fire274956670ASPEN MILLS Clothing & Uniforms Fire Check #Amount Supplier / Explanation Account Description Business Unit Comments1025445651TWIN CITY SEED CO Landscape Materials/Supp Street Maintenance 7661 650 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 7678 650 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 274954 648 AMERICAN PLANNING ASSN Dues & Subscriptions Planning1025478648MENARDSOperating Supplies Utility Operations - General 1025422 646 DAKOTA SUPPLY GROUP INC Improvement Contracts Wastewater Capital 275024 640 THE ADVENT GROUP Temp 494 Corridor Commission 274946 638 MOURNING HOMES LLC Building Permits General Fund 274966 631 CENTURYLINK Internet IT Operating275319628M R SIGN Signs Street Maintenance 275040 621 DELTA DENTAL Payroll-ExecutiveDirector 494 Corridor Commission 1025503 617 FASTENAL COMPANY Operating Supplies Fleet Operating 7689 616 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 275301 613 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store275244610THE ADVENT GROUP Temp 494 Corridor Commission 275082 602 HAWLEY SAIMA P&R Refunds Community Center Admin 274982 592 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 275088 592 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1025407 588 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Center - CAM1025435587MULCAHY COMPANY INC Supplies - Plumbing City Center - CAM 1025464 582 ANCHOR PAPER COMPANY Office Supplies Customer Service 1025482 582 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 1025436 579 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Water Supply (Wells) 1025397 578 XCEL ENERGY Electric Flying Cloud Off Leash Park1025481574MTI DISTRIBUTING INC Operating Supplies Fleet Operating 275242 573 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 275093 568 KINGSLEY SAMUEL P&R Refunds Community Center Admin 1025434 566 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 275038 560 THE ADVENT GROUP Temp 494 Corridor Commission275287555DIRKS MONTE Rebates Stormwater Non-Capital 1025410 554 ROTO-ROOTER Contract Svcs - General Bldg Pool Maintenance 275298 551 GRACE CHURCH CATERING Deposits-Health Reimb.Community Center Admin 1025441 549 SPS COMPANIES Supplies - HVAC City Center - CAM 275111 548 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire275329548MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 1025459 543 THE OASIS GROUP Employee Assistance Organizational Services 7671 537 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 275343 531 PRINCIPAL FINANCIAL GROUP Payroll-ExecutiveDirector 494 Corridor Commission 275058 526 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store275071519EDEN PRAIRIE ROTARY CLUB Dues & Subscriptions Administration 275295 519 FLAGSHIP RECREATION Equipment Repair & Maint Park Maintenance 275208 515 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 1025438 510 REINDERS INC Landscape Materials/Supp Willow Park 275193 506 HYDRO-VAC INC Equipment Repair & Maint Wasterwater Collection1025523503MN SUPPLY Equipment Repair & Maint Fleet Operating 275132 503 STAPLES ADVANTAGE Office Supplies Customer Service 274989 502 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 275266 495 ASTLEFORD EQUIPMENT COMPANY INC Equipment Repair & Maint Fleet Operating 274959 493 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store275221491MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1025420 483 BOYER TRUCKS Equipment Parts Fleet Operating 1025439 482 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 275010 482 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 275354 480 SNAP-ON TOOLS Equipment Parts Fleet Operating275226462PAFFY'S PEST CONTROL Contract Svcs - Pest Control Outdoor Center Facilities Check #Amount Supplier / Explanation Account Description Business Unit Comments274971455CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 275159 452 ALTEC INDUSTRIES INC Operating Supplies Park Maintenance 275157 450 AAA LAMBERTS LANDSCAPE PRODUCTS INC Landscape Materials/Supp Miller Park 1025535 450 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance1025524446MTI DISTRIBUTING INC Equipment Parts Fleet Operating 275276 425 CENTURY COLLEGE Training Fire 275307 419 IEDITWEB INC Licenses, Taxes, Fees Garden Room Repairs 275297 417 GERTENS Landscape Materials/Supp Park Maintenance 275323 416 MEGA BEER Liquor Product Received Prairie View Liquor Store274988408INBOUND BREW CO Liquor Product Received Den Road Liquor Store 275099 406 MARTINSON RYAN P&R Refunds Community Center Admin 275358 401 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 275155 400 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 1025455 392 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Center - CAM275053389CAPREF EDEN PRAIRIE LLC Building Rental CDBG - Public Service 275138 387 SWENSON, MICHELLE P&R Refunds Community Center Admin 275068 380 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission 1025400 377 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Den Road Liquor Store 275176 375 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery275318374LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 275078 372 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 275051 366 BOUND TREE MEDICAL LLC EMS Supplies Fire 1025479 366 METRO ELEVATOR INC Contract Svcs - Elevator General Community Center 275196 365 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store1025389364REINDERS INC Landscape Materials/Supp Miller Park 275199 349 J H LARSON COMPANY Supplies - Electrical City Center - CAM 1025360 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 275271 345 BLUEPEARL VETERINARY Other Contracted Services Police Sworn 1025374 344 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General275270344BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 274994 333 LANO EQUIPMENT INC Equipment Parts Fleet Operating 274963 333 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits 1025500 333 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie Village Liquor Store 1025457 333 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store275016326SIGNSOURCEPrintingWinter Theatre 275080 321 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 1025490 315 STERICYCLE INC Other Contracted Services Police Sworn 1025520 308 MENARDS Operating Supplies Ice Arena Maintenance 275050 304 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store1025415303VEOLIAWaste Disposal Fleet Operating 274969 300 CHESS INC Other Contracted Services Organizational Services 275135 300 SUBURBAN WILDLIFE CONTROL INC Equipment Repair & Maint Stormwater Collection 275170 300 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 275310 298 J H LARSON COMPANY Supplies - Electrical Pool Maintenance275002297OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store 275057 297 CENTURYLINK Internet Staring Lake 7686 296 US BANK - PAYMODE Bank and Service Charges Finance 1025471 294 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 275023 288 SUNDBERG AMERICA Supplies - HVAC City Hall (City Cost)275136 285 SUNDBERG AMERICA Supplies - General Bldg Maintenance Facility 275163 284 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 275100 281 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 275108 281 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 275104 276 MINNESOTA POLLUTION CONTROL AGENCY Waste Disposal Fleet Operating1025437274PREMIUM WATERS INC Operating Supplies - Water Fire Check #Amount Supplier / Explanation Account Description Business Unit Comments275019271STAPLES ADVANTAGE Office Supplies Street Maintenance 274977 269 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 274993 268 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Maintenance Facility 275263 254 AMERICAN PRESSURE INC Supplies - General Bldg Maintenance Facility275134253STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 275112 252 PAFFY'S PEST CONTROL Contract Svcs - Pest Control City Center - CAM 275220 252 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 275168 251 CENTURYLINK Telephone E-911 Program 275362 250 TMS JOHNSON Supplies - HVAC City Center - CAM7657244VANCO SERVICES Bank and Service Charges Wastewater Accounting 275083 243 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store 275118 243 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 275106 242 MIRACLE RECREATION EQUIPMENT CO Equipment Repair & Maint Park Maintenance 274996 240 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store275110239OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store 274976 239 DIRECTV Cable TV Community Center Admin 274970 238 CINTAS Operating Supplies Park Maintenance 1025388 236 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1025357 236 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Fire Station #4275245232TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 275218 230 MEGA BEER Liquor Product Received Prairie Village Liquor Store 275240 228 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 274973 223 CONSTRUCTION MATERIALS INC Operating Supplies Park Maintenance 1025358 220 FICCADENTI, JENNY Clothing & Uniforms Police Sworn274958219BERGMANN JESSICA P&R Refunds Community Center Admin 275035 218 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 275258 213 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 1025405 213 FLEETPRIDE INC Equipment Parts Fleet Operating 1025517 211 GRAINGER Repair & Maint. Supplies Utility Operations - General275026210VANDERZEE KARIN P&R Refunds Community Center Admin 275012 206 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 1025386 205 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 275119 204 RED WING BUSINESS ADVANTAGE ACCOUNT Clothing & Uniforms Utility Operations - General 275273 204 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store275171203CORE & MAIN Repair & Maint. Supplies Stormwater Collection 275260 203 AAA LAMBERTS LANDSCAPE PRODUCTS INC Landscape Materials/Supp Miller Park 275230 196 PROP - PR Charitable Contributions Health and Benefits 275357 194 STAPLES ADVANTAGE Office Supplies Customer Service 275145 190 VANDERZEE KARIN P&R Refunds Community Center Admin275344189PROFESSIONAL WIRELESS Other Contracted Services Park Maintenance 1025379 179 GRAFIX SHOPPE Equipment Parts Fleet Operating 275309 176 J & R COMPLETE AUTO & RADIATOR Equipment Repair & Maint Fleet Operating 275161 174 ASPEN MILLS Postage Fire 275348 174 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store275006167PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 275021 165 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 275365 164 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 1025507 163 VAN PAPER COMPANY Supplies - General Bldg Facilities Operating ISF 275359 162 SUBURBAN CHEVROLET Equipment Parts Fleet Operating1025391162STERICYCLE INC Other Contracted Services Police Sworn 275371 162 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1025476 160 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 274995 160 LUBE-TECH & PARTNERS LLC Equipment Parts Fleet Operating 1025363 159 PROSOURCE SUPPLY Supplies - Fire/Life/Safety Facilities Operating ISF274980156EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Capital Check #Amount Supplier / Explanation Account Description Business Unit Comments275265153ASPEN MILLS Clothing & Uniforms Police Sworn 275086 150 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 275285 150 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 1025495 150 USA SECURITY Maintenance Contracts Water Treatment1025480148MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 275330 147 MSC INDUSTRIAL SUPPLY CO INC Repair & Maint. Supplies Water Treatment 275198 145 INTERTECH INC Contract Development IT Operating 275334 142 OMNI BREWING COMPANY Liquor Product Received Prairie View Liquor Store 275025 139 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store275278136CENTURYLINKTelephoneWastewater Lift Station 1025451 134 CUSTOM HOSE TECH Equipment Parts Fleet Operating 1025412 133 STOVRING, LESLIE Mileage & Parking Stormwater Non-Capital 275022 130 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating 275342 129 PIXLEY COLE Clothing & Uniforms Volunteers1025409129MPX GROUP, THE Printing Police Sworn 1025359 128 GENERAL PARTS LLC Supplies - General Bldg Police (City Cost) 274951 128 56 BREWING LLC Liquor Product Received Den Road Liquor Store 275039 128 VANDERZEE KARIN P&R Refunds Community Center Admin 275259 126 A TO Z RENTAL CENTER Equipment Repair & Maint Fire275062123COMCASTCable TV Fire 275129 121 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 275366 121 VERIZON WIRELESS Telephone IT Operating 275304 117 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store 275219 116 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store275284115COMCASTPhone/Data/Web 494 Corridor Commission 275267 114 BENSON DANIELLE P&R Refunds Community Center Admin 275280 114 CLAVER EMILY P&R Refunds Community Center Admin 275288 114 DUMMER ETHAN P&R Refunds Community Center Admin 275302 114 GSCHWENDTNER CAROL P&R Refunds Community Center Admin275303114GURUMURTHY ROHIN P&R Refunds Community Center Admin 275305 114 HEIBERG STEPHANIE P&R Refunds Community Center Admin 275315 114 LANGEFELS KAMERON P&R Refunds Community Center Admin 275317 114 LONDONO MATIAS P&R Refunds Community Center Admin 275322 114 MCFADDEN KATHLEEN P&R Refunds Community Center Admin275338114PEREZ GWEN P&R Refunds Community Center Admin 275352 114 SHEPHERD REAGAN P&R Refunds Community Center Admin 275368 114 WAGNER NORA P&R Refunds Community Center Admin 1025531 114 SHERWIN WILLIAMS CO Supplies - General Bldg Park Maintenance 275363 113 TRUE BRANDS Liquor Product Received Den Road Liquor Store275203111KEITH NATHAN Clothing & Uniforms Volunteers 275066 111 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance 275178 111 DOMACE VINO Liquor Product Received Prairie View Liquor Store 1025456 110 METROPOLITAN FORD Equipment Repair & Maint Fleet Operating 275214 109 MANN LOGAN P&R Refunds Community Center Admin275286109CROWN MARKING INC Operating Supplies City Clerk 274984 108 HENNEPIN COUNTY TREASURER PUBLIC WORKS Waste Disposal Park Maintenance 1025462 108 WEEDMAN, NICOLE Mileage & Parking Youth Programs Admin 1025390 107 SHERWIN WILLIAMS CO Repair & Maint. Supplies Water Treatment 275212 106 LOZIER TAMARA P&R Refunds Community Center Admin275165106BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 275251 105 WANOUS CRAIG P&R Refunds Community Center Admin 275109 104 MOHS CHARITY P&R Refunds Community Center Admin 275060 103 COMCAST Cable TV Fire 275249 101 VANDERLOUW JEZREAL P&R Refunds Community Center Admin275101100MAY COLIN P&R Refunds Community Center Admin Check #Amount Supplier / Explanation Account Description Business Unit Comments275239100STECK LUCIANA P&R Refunds Community Center Admin 275296 100 FRONTIER FIRE PROTECTION Development Fire Permits General Fund 1025493 100 TWIN CITY SEED CO Repair & Maint. Supplies Stormwater Collection 275351 100 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store102541199SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 275346 98 PROP - PR Charitable Contributions Health and Benefits 1025506 98 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 1025533 97 VIKING ELECTRIC SUPPLY Supplies - Electrical Fire Station #1 275015 95 SIGNSOURCE Office Supplies City Council27500894PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn 275290 93 EARL F ANDERSEN INC Signs Park Maintenance 275162 90 BEER MICHAEL P&R Refunds Community Center Admin 275126 87 SHRED RIGHT Waste Disposal City Hall (City Cost) 275092 86 KALKHOF ERIC P&R Refunds Community Center Admin27509486KRULIK JUSTIN P&R Refunds Community Center Admin 275182 85 ELLINGSON JASMINE Mileage & Parking Aquatics Admin. 275204 85 KINGSLEY SAMUEL P&R Refunds Community Center Admin 1025449 85 BOHNSACK, SUE Mileage & Parking Senior Center Admin 275125 84 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store27506181COMCASTEquipment Repair & Maint E-911 Program 275211 81 LISSICK EVAN P&R Refunds Community Center Admin 275183 80 GERTENS Landscape Materials/Supp Tree Replacement Fund 1025452 80 EICHMAN NATHAN Dues & Subscriptions Police Sworn 275247 80 UNIVERSAL ATHLETIC SERVICES INC Awards Basketball27499879MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store 275191 79 HOLCOMB, AUDREY Mileage & Parking Pool Operations 1025504 78 FLEETPRIDE INC Equipment Repair & Maint Fleet Operating 275248 78 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 275177 78 DODGE OF BURNSVILLE Equipment Parts Fleet Operating27499275KINGSLEY SAMUEL P&R Refunds Community Center Admin 275013 75 SAHLI KAREN P&R Refunds Community Center Admin 275156 74 A TO Z RENTAL CENTER Other Rentals Miller Park 275003 74 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Arts Center 275202 72 JOHNSON TROY P&R Refunds Community Center Admin27521772MATSUI MAX P&R Refunds Community Center Admin 275246 72 UNITED WAY Charitable Contributions Health and Benefits 275360 70 SULLIVAN KRISTIN P&R Refunds Community Center Admin 275250 70 VORNWALD ELLA P&R Refunds Community Center Admin 275031 68 CUSHMORE LIZ P&R Refunds Community Center Admin27520668LATTIMORE ANDREW Mileage & Parking Pool Operations 275282 67 COMCAST Cable TV Fire 275046 66 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 275231 65 RAHOUSKI SIARHEI P&R Refunds Community Center Admin 275225 64 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits765662MONEY MOVERS INC Other Contracted Services Community Center Admin 274997 62 MINNESOTA AIR INC Supplies - HVAC Maintenance Facility 275238 62 STAPLES ADVANTAGE Office Supplies Customer Service 1025408 61 METROPOLITAN FORD Equipment Parts Fleet Operating 1025365 60 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store27512260SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie Village Liquor Store 7659 59 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 7673 59 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 275332 58 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 275179 58 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits102551456ECM PUBLISHERS INC Legal Notices Publishing City Clerk Check #Amount Supplier / Explanation Account Description Business Unit Comments102553654ZIEGLER INC Equipment Parts Fleet Operating 274972 53 COMCAST Cable TV Fire 275064 53 COMCAST Internet IT Operating 275268 52 BERGMANN JESSICA P&R Refunds Community Center Admin27517249CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn 1025512 49 BOYER TRUCKS Equipment Parts Fleet Operating 274961 46 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 275283 45 COMCAST Cable TV Fire 275048 43 ASPEN MILLS Clothing & Uniforms Police Sworn102548642SPRINTCell/Pager Plans IT Operating 275020 42 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 274986 38 IEDITWEB INC Licenses, Taxes, Fees Garden Room Repairs 275232 36 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 275364 36 UNITED WAY Charitable Contributions Health and Benefits102538136HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 275105 33 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 275030 33 COE MELISSA P&R Refunds Community Center Admin 1025366 31 SITEONE LANDSCAPE SUPPLY, LLC Landscape Materials/Supp Street Maintenance 275328 30 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn27518030EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 275181 30 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 275292 30 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 275291 29 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 275133 29 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating102545327FASTENAL COMPANY Safety Supplies Fleet Operating 1025376 27 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn 1025492 24 TOWMASTER INC Equipment Parts Fleet Operating 275075 22 FLEET MAINTENANCE INC Equipment Parts Fleet Operating 1025413 22 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General768221SQUAREBank and Service Charges Prairie Village Liquor Store 275123 20 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 1025367 19 SPOK, INC.Cell/Pager Plans IT Operating 1025393 11 UPS Postage Planning 275055 11 CEF EP COMMUNITY SOLAR LLC Electric General Community Center768811SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 275173 10 CULLIGAN Corridor Comm. Misc 494 Corridor Commission 275000 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 1025399 10 LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission 1025494 4 UPS Postage Police Sworn2750632COMCASTOther Contracted Services Police Sworn 5,167,416 Grand Total City of Eden PrairiePurchasing Card Payment Report 6/16/2020 Amount Account Description Business Unit 7,618 Capital Under $25,000 Police Sworn 2,040 Conference/Training Utility Operations - General 1,666 Other Revenue General Fund 1,567 Miscellaneous Police Sworn 1,300 Miscellaneous Police Sworn 1,200 Repair & Maint. Supplies Wasterwater Collection 1,186 Repair & Maint. Supplies Facilities Operating ISF 1,107 Miscellaneous Police Sworn 954 Cleaning Supplies Facilities Operating ISF 823 Tuition Reimbursement/School Police Sworn 763 Bank and Service Charges Prairie View Liquor Store 676 Operating Supplies Fire 646 Repair & Maint. Supplies Utility Operations - General 610 Repair & Maint. Supplies Facilities Operating ISF 593 Operating Supplies Fire 588 Clothing & Uniforms Police Sworn 577 Repair & Maint. Supplies Facilities Operating ISF 531 Operating Supplies Fire 458 Repair & Maint. Supplies Facilities Operating ISF 449 Conference/Training IT Operating 448 Awards City Council 429 Equipment Repair & Maint Water Treatment 416 Building Repair & Maint.Water Treatment 400 Licenses, Taxes, Fees Capital Maint. & Reinvestment 368 Clothing & Uniforms Police Sworn 360 Computers IT Operating 360 Repair & Maint. Supplies Facilities Operating ISF 359 Tuition Reimbursement/School Police Sworn 358 Repair & Maint. Supplies Facilities Operating ISF 350 Conference/Training Emergency Management 344 Autos Fleet - Public Works 336 Dues & Subscriptions Fire 322 Repair & Maint. Supplies Wasterwater Collection 309 Repair & Maint. Supplies Facilities Operating ISF 308 Operating Supplies Police Sworn 300 Autos Fleet Capital 286 EMS Supplies Fire 286 Operating Supplies Outdoor Center 275 Licenses, Taxes, Fees Fitness Classes 275 Licenses, Taxes, Fees Fitness Classes 266 Dues & Subscriptions Fire 262 Operating Supplies Police Sworn 258 Clothing & Uniforms Police Sworn 250 Training Supplies Police Sworn Amount Account Description Business Unit248Repair & Maint. Supplies Water Distribution 242 Repair & Maint. Supplies Stormwater Collection 200 Small Tools Fleet Operating 188 Operating Supplies Police Sworn 184 Repair & Maint. Supplies Water Treatment 180 Repair & Maint. Supplies Wasterwater Collection 180 Operating Supplies Youth Programs Admin 171 Computers IT Operating 169 Repair & Maint. Supplies City Center - CAM 167 Operating Supplies Park Maintenance 160 Employee Award Organizational Services 153 Small Tools Fire 150 Repair & Maint. Supplies Maintenance Facility 144 Operating Supplies Prairie View Liquor Store 139 Conference/Training IT Operating 134 Repair & Maint. Supplies Water Distribution 132 Canine Supplies Police Sworn 132 Clothing & Uniforms Special Events Admin 129 Dues & Subscriptions Fire 125 Canine Supplies Police Sworn 124 Conference/Training Economic Development 120 Landscape Materials/Supp Park Maintenance 120 Building Repair & Maint.Utility Operations - General 118 Operating Supplies Police Sworn 115 Conference/Training Utility Operations - General 113 Equipment Repair & Maint Fire 109 Operating Supplies Park Maintenance 107 Clothing & Uniforms Utility Operations - General 106 Repair & Maint. Supplies Water Distribution 105 Software IT Operating 102 Operating Supplies Police Sworn 100 Equipment Repair & Maint Fire 96 EMS Supplies Fire 89 Software/Hardware Maint.Fire 82 Operating Supplies Park Maintenance 82 Repair & Maint. Supplies Wasterwater Collection 81 Clothing & Uniforms Senior Center Admin 81 Clothing & Uniforms Youth Programs Admin 81 Operating Supplies Police Sworn 80 Landscape Materials/Supp Tree Replacement Fund 80 Dues & Subscriptions Communications 75 Equipment Repair & Maint Fire 75 Operating Supplies Park Maintenance 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn Amount Account Description Business Unit75Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 73 Operating Supplies Police Sworn 72 Operating Supplies Fire 69 Repair & Maint. Supplies Wasterwater Collection 68 Operating Supplies Elections 63 Office Supplies Customer Service 60 Dues & Subscriptions Youth Programs Admin 57 EMS Supplies Fire 55 Computers IT Operating 51 Employee Award Organizational Services 51 Operating Supplies Snow & Ice Control 50 Repair & Maint. Supplies Facilities Operating ISF 49 Conference/Training Fitness Admin. 49 Small Tools Traffic Signals 47 Operating Supplies Outdoor Center 46 Landscape Materials/Supp Reforestation 46 Clothing & Uniforms Senior Center Admin 46 Small Tools Fleet Operating 39 Landscape Materials/Supp Park Maintenance 38 Operating Supplies IT Operating 38 Repair & Maint. Supplies Water Distribution 36 Building Repair & Maint.Water Treatment 35 Repair & Maint. Supplies Utility Operations - General 33 Operating Supplies Outdoor Center 33 Equipment Repair & Maint Street Maintenance 30 Repair & Maint. Supplies Stormwater Collection 28 Repair & Maint. Supplies Stormwater Collection 28 Operating Supplies Outdoor Center 26 Operating Supplies Park Maintenance 26 Operating Supplies Park Maintenance 24 Equipment Parts Fleet Operating 24 Computers IT Operating 22 Operating Supplies Outdoor Center 21 Repair & Maint. Supplies Stormwater Collection 20 Investigation Travel Fire 20 Software/Hardware Maint.IT Operating 20 Operating Supplies Outdoor Center 16 Office Supplies Housing and Community Service 16 Other Contracted Services Organizational Services 16 Deposits General Fund 15 Computers IT Operating 15 Operating Supplies Outdoor Center 14 Operating Supplies Outdoor Center 14 Operating Supplies Volunteers 14 Equipment Parts Fleet Operating Amount Account Description Business Unit14Conference/Training IT Operating 13 Software IT Operating 12 Office Supplies Police Sworn 11 Operating Supplies Police Sworn 11 Operating Supplies Community Development Admin. 8 Operating Supplies Den Road Liquor Store 7 Operating Supplies Outdoor Center 5 Repair & Maint. Supplies Wasterwater Collection 5 Licenses, Taxes, Fees Fleet Operating 5 Licenses, Taxes, Fees Fleet Operating 3 Bank and Service Charges Customer Service -2 Equipment Parts Fleet Operating -110 Conference/Training Park Maintenance -125 Conference/Training Park Maintenance -342 Conference/Training Planning -460 Conference/Training Human Resources -577 Repair & Maint. Supplies Facilities Operating ISF -975 Tuition Reimbursement/School Police Sworn -1,462 Miscellaneous Police Sworn -2,925 Tuition Reimbursement/School Police Sworn 34,243 Report Total CITY COUNCIL AGENDA SECTION: Ordinances & Resolutions DATE: June 16, 2020 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: Eden Road Street Name Change ITEM NO: XI.A. Requested Action Move to: Approve First Reading of an Ordinance changing the east/west portion of Eden Road to Town Center Place from its intersection with Flying Cloud Drive to the termini of the future road extension related to the Southwest LRT project and the Town Center Station. Synopsis The east/west section of Eden Road is being renamed Town Center Place to provide a better sense of place and make the way finding connection to the new LRT station. Background Information Eden Road is currently a 2-lane roadway within the Town Center of Eden Prairie that extends north from Windsor Plaza past Singletree Lane and then curves east to the intersection of Flying Cloud Drive. Refer to the figures below. At Flying Cloud Drive the name of the road changes to Leona Road. As part of the Southwest LRT project, the east/west portion of Eden Road will be extended to reach the proposed Town Center Station thus creating two distinctly different segments of Eden Road. Existing Road Alignment Future Road Alignment Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2020 BE IT ORDAINED by the Eden Prairie City Council that the east/west portion of Eden Road from its intersection with Flying Cloud Drive to its westerly termini shall be named: Town Center Place FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on June 16, 2020, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on , 2020. ATTEST: _____________________________ _____________________________ Kathleen Porta, City Clerk Ronald A Case, Mayor PUBLISHED in the Eden Prairie Sun Current on______________________. CITY COUNCIL AGENDA SECTION: Appointments DATE June 16, 2020 DEPARTMENT Rick Getschow City Manager ITEM DESCRIPTION Student on Commissions Appointments for the 2020-2021 School Year ITEM NO. XIII.A. Requested Action Move to: • Appoint to the Sustainability Commission – Amanda Schlampp, Anisha Singhatwadia, Ellianne Retzlaff, and Pranav Vadhul • Appoint to the Flying Cloud Airport Advisory Commission – Abshir Noor, Evelyn Hemler, Pranav Kartha, and Yash Salunke • Appoint to the Heritage Preservation Commission – Aarav Subbaiah, Anna Patten, Finn Bloch, Maia Chavez, and Sarthak Agrawal • Appoint to the Human Rights and Diversity Commission – Ifrah Edow, Jillian Pearson, Nadiah Johnson, Rashmi Acharya, Sehan Adan, and Serena Jain • Appoint to the Parks, Recreation, and Natural Resources Commission – Garen McDowell, Jake Freeland, Jessica Hovde, John Hartle, Tanay Salunke, and Zetao Pan Synopsis Applications for Students on Commissions positions were accepted from mid-April to the end of May. More than 30 applications were received this year, and there were more applicants than spots available on Commissions. Commission Staff Liaisons reviewed the applications. The appointment recommendations are based on the students’ stated Commission preferences and the quality of their applications. An orientation session will be held in late August. Background Information In 1992, the City Council initiated a program to provide student residents in Eden Prairie with the opportunity to serve on City Commissions as non-voting members. The program has grown and changed over time to reflect modifications made to the City’s Commissions, the addition of Commissions eligible for student appointments, and the desire to include more students in the program. CITY COUNCIL AGENDA SECTION: Report of the Community Development Director DATE: June 16, 2020 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah ITEM DESCRIPTION: Highland Oaks Development Agreement Amendment ITEM NO.: XIV.C.1. Requested Action Move to: Direct Staff to Prepare an Amendment to the Development Agreement consistent with Staff’s Recommendation; OR Direct Staff to Prepare an Amendment to the Development Agreement reflecting the Council’s preference for tree removal and replacement; Synopsis The Highland Oaks Development Agreement was originally approved by the City Council on October 15, 2019. During the development review process, there was substantial discussion regarding the opportunity to save additional trees beyond what was initially proposed. Prior to final approval, the plans were revised to save additional trees including Tree No. 142, which is a 53 inch oak tree. The developer is requesting that the Development Agreement Plans be amended to remove the tree and provide replacement on an inch for inch basis. The developer has also requested to remove several other trees (Tree Nos. 129, 131, 132, 135 and 143). Those trees are comprised of 4 red pines and an ash tree. The developer is proposing to remove those trees and replace inch for inch (64 inches of trees removed and 64 inches replaced). Staff has reviewed the proposed removal of Tree Nos. 129, 131,132,135 and 143 and the associated replacement plan. Staff supports the removal and replacement of those trees consistent with the developer’s request. Staff does not support the request to remove Tree No. 142 due to the amount of public input on the impacts of removing the tree and that the developer has shared with staff other versions of plans that would allow Tree No. 142 to be saved. Staff Recommendation Staff recommends that the Council direct staff to prepare an amendment to the Development Agreement to reflect the removal of Tree Nos. 129, 131, 132, 135, and 143 with tree replacement provided on an inch for inch basis and the preservation of Tree No. 142. Attachments Proposed Tree Replacement Plan Proposed Tree Survey