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HomeMy WebLinkAboutCity Council - 08/13/2019 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, AUGUST 13, 2019 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Kyle Salage Workshop - Heritage Rooms I and II (5:30) I. HISTORICAL PROPERTY UPDATE AND AN UPDATE FROM THE EDEN PRAIRIE HISTORICAL SOCIETY Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT Historic Property Update Council Workshop August 13, 2019 Historical Society Updates Front Row L-R: Katie Qualey, Kati Simons, Ann Higgins, Kathie Case, Chris Honaas-WildfangSecond Row L-R: Jan Lacy, Valerie Ross, Tracy Hope, Jeanne DeSanctis, Norm Rogers, Barb Kuhlman Standing: Paul Thorp Background •City Staff meets annually to provide updates on each of the City owned historic properties including maintenance work completed and planned work for the upcoming year •Consultant is hired as needed Historic Eden Prairie Series edenprairie.org/HeritageSites Smith-Douglas-More House •Floors re-finished Cummins-Phipps-Grill House Photos of the current upstairs area MN River Vista Camp Edenwood -Assessment •Condition Assessment (September 2017) •Follow-Up Meetings •On-site walkthrough with staff and Architect Camp Edenwood -Fire Place Camp Edenwood -Photos Camp Edenwood –Lion’s Den •C.O.A. Application Process •Public Hearing -8.19.19 HPC •Public Hearing –9.17.19 CC •Requesting to replace siding, windows, doors and ADA ramp consistent with existing materials on the Berglund Center Flying Red Horse Restoration Next Steps: •Contract with Historic Sign Consultant Funding Options: •$25,625 raised from street sign sales •Possible grant options •Local donors Dimensions -approx. 17 feet wide by 12 tall by 5 feet thick Yorkville/Bloomington Rd Additional Comments/Feedback AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, AUGUST 13, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. GREENSTEP CITIES AWARD B. ACCEPT BIKE FIX IT STATION DONATION FROM SCHEELS (Resolution) C. ACCEPT DONATION OF $9,606.03 FROM THE SAMPSON FAMILY FOR ART CENTER EQUIPMENT (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JULY 16, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, JULY 16, 2019 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. SHELDON PLACE by Schaefco Development, LLC. Second Reading of an Ordinance for PUD District Review with waivers and Zoning District Change from Rural to RM-6.5 on 1.01 acres; Resolution for Site Plan Review on 1.01 acres (Ordinance for Zoning District Change; Resolution for Site Plan) CITY COUNCIL AGENDA August 13, 2019 Page 2 C. APPROVE TWO YEAR EXTENSION OF APPROVED PRELIMINARY PLAT FOR EDEN HEIGHTS EAST BY PROJECT DEVELOPERS, INC. (Resolution) D. APPROVE LCDA GRANT FROM METROPOLITAN COUNCIL AND LOAN AGREEMENT TO COMMONBOND COMMUNITIES FOR TRAIL POINTE RIDGE E. AWARD CONTRACT TO MINNESOTA ROADWAYS COMPANY FOR STARING LAKE PARK PARKING LOT IMPROVEMENT PROJECT F. ACCEPT CENTERPOINT ENERGY COMMUNITY PARTNERSHIP GRANT (Resolution) G. APPROVE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES WITH WENCK ASSOCIATES FOR PHASE VIII POND INVENTORY AND INSPECTION PROGRAM H. AUTHORIZE AMENDMENT TO STANDARD AGREEMENT FOR PROFESSIONAL SERVICES WITH WSB & ASSOCIATES, INC. FOR PLEASANT HILL CEMETERY I. APPROVE VALLEY VIEW ROAD TRAIL EXTENSION PROJECT CHANGE ORDER #2 J. APPROVE PURCHASE OF REPLACEMENT FIRE HOSES FROM FIRE SAFETY USA K. APPROVE PURCHASE OF REPLACEMENT SELF-CONTAINED BREATHING APPARATUS L. AWARD CONTRACT TO SEBCO, INC. FOR 2019 CITYWIDE BUILDING RESTORATION PROJECT M. AWARD CONTRACT TO METROPOLITAN MECHANICAL CONTRACTORS, INC. FOR COMMUNITY CENTER RINK #2 MAKE-UP AIR UNIT #2 REPLACEMENT IX. PUBLIC HEARINGS / MEETINGS A. PARK AND OPEN SPACE ZONING DISTRICT CHANGE by City of Eden Prairie. First Reading of an Ordinance for a Zoning District Change from Rural, Public, R1-13.5, R1-9.5, RM-6.5, RM-2.5, I-Gen, Office, and Community Commercial to Park and Open Space Zoning District (Ordinance) B. ARBY’S by Arby’s Restaurant Group. Amendment to the approved Site Plan and CITY COUNCIL AGENDA August 13, 2019 Page 3 Architectural Design on 1.14 acres. C. OAK POINT ELEMENTARY SCHOOL PARKING LOT ADDITION by Independent School District 272. Resolution for a Site Plan Review on 23.05 acres (Resolution) D. SOUTHWEST TRANSIT GARAGE BUILDING ADDITION by SouthWest Transit. First Reading of an Ordinance for PUD District Review on 10.05 acres (Ordinance) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: August 9, 2019 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, August 13, 2019 ___________________________________________________________________________________________ TUESDAY, AUGUST 13, 2019 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office. HRA MEETING HRA I. ROLL CALL / CALL THE HRA MEETING TO ORDER HRA II. APPROVE MINUTES OF HRA MEETING HELD ON APRIL 2, 2019 MOTION: Move to: Approve the HRA minutes from April 2, 2019. HRA III. APPROVE TIF AGREEMENT FOR TRAIL POINTE RIDGE MOTION: Move to: Approve the Tax Increment Financing Agreement for Trail Pointe Ridge. HRA IV. ADJOURNMENT MOTION: Move to adjourn the HRA meeting. ANNOTATED AGENDA August 13, 2019 Page 2 COUNCIL MEETING IV. PROCLAMATIONS / PRESENTATIONS A. GREENSTEP CITIES AWARD Diana McKeown, Director of the Clean Energy Resource Team, will present the City with its GreenStep Cities Step 5 Award. B. ACCEPT BIKE FIX IT STATION DONATION FROM SCHEELS (Resolution) Synopsis: Staff from the Scheel’s store located in Eden Prairie Center offered to provide a bike fix it station to be located in a park. The fix it station has been placed adjacent to the trail in Purgatory Creek Park where a high volume of bikes travel on a daily basis. This is the first fix it station to be located in one of the city parks. MOTION: Move to adopt the Resolution accepting the donation of a Bike Fix It Station by Scheels. C. ACCEPT DONATION OF $9,606.03 FROM THE SAMPSON FAMILY FOR ART CENTER EQUIPMENT (Resolution) Synopsis: This donation to the Art Center from the Sampson Family will go to the purchase of Art Center equipment. MOTION: Move to adopt the Resolution accepting the donation in the amount of $9,606.03 from the Sampson Family to go toward Art Center equipment. 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, JULY 16, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, JULY 16, 2019 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS ANNOTATED AGENDA August 13, 2019 Page 3 VIII. CONSENT CALENDAR MOTION: Move approval of items A-M on the Consent Calendar. A. CLERK’S LICENSE LIST B. SHELDON PLACE by Schaefco Development, LLC. Second Reading of an Ordinance for PUD District Review with waivers and Zoning District Change from Rural to RM-6.5 on 1.01 acres; Resolution for Site Plan Review on 1.01 acres (Ordinance for Zoning District Change; Resolution for Site Plan) C. APPROVE TWO YEAR EXTENSION OF APPROVED PRELIMINARY PLAT FOR EDEN HEIGHTS EAST BY PROJECT DEVELOPERS, INC. (Resolution) D. APPROVE LCDA GRANT FROM METROPOLITAN COUNCIL AND LOAN AGREEMENT TO COMMONBOND COMMUNITIES FOR TRAIL POINTE RIDGE E. AWARD CONTRACT TO MINNESOTA ROADWAYS COMPANY FOR STARING LAKE PARK PARKING LOT IMPROVEMENT PROJECT F. ACCEPT CENTERPOINT ENERGY COMMUNITY PARTNERSHIP GRANT (Resolution) G. APPROVE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES WITH WENCK ASSOCIATES FOR PHASE VIII POND INVENTORY AND INSPECTION PROGRAM H. AUTHORIZE AMENDMENT TO STANDARD AGREEMENT FOR PROFESSIONAL SERVICES WITH WSB & ASSOCIATES, INC. FOR PLEASANT HILL CEMETERY I. APPROVE VALLEY VIEW ROAD TRAIL EXTENSION PROJECT CHANGE ORDER #2 J. APPROVE PURCHASE OF REPLACEMENT FIRE HOSES FROM FIRE SAFETY USA K. APPROVE PURCHASE OF REPLACEMENT SELF-CONTAINED BREATHING APPARATUS L. AWARD CONTRACT TO SEBCO, INC. FOR 2019 CITYWIDE BUILDING RESTORATION PROJECT ANNOTATED AGENDA August 13, 2019 Page 4 M. AWARD CONTRACT TO METROPOLITAN MECHANICAL CONTRACTORS, INC. FOR COMMUNITY CENTER RINK #2 MAKE-UP AIR UNIT #2 REPLACEMENT IX.PUBLIC HEARINGS / MEETINGS A. PARK AND OPEN SPACE ZONING DISTRICT CHANGE by City of Eden Prairie. First Reading of an Ordinance for a Zoning District Change from Rural, Public, R1-13.5, R1-9.5, RM-6.5, RM-2.5, I-Gen, Office, and Community Commercial to Park and Open Space Zoning District (Ordinance) Synopsis: The City of Eden Prairie is proposing a zoning district change for City- owned parks and open spaces from their current zoning district to a Parks and Open Space Zoning District. The properties proposed to be rezoned are currently zoned a variety of different zoning districts including Rural, Public, R1-13.5, R1-9.5, RM-6.5, RM-2.5, I-Gen, Office, and Community Commercial, which provide for differing development standards such as setbacks, building height, parking etc. The proposed rezoning to Park and Open Space provides for zoning that is more consistent with the actual use of the properties, and has more appropriate and consistent regulations. The proposal includes a zoning district change for 35 parks, 1 special use area and 15 conservation areas. MOTION: Move to: •Close the Public Hearing; and •Approve the 1st reading of an Ordinance for a Zoning District Change from Rural, Public, R1-13.5, R1-9.5, RM-6.5, RM-2.5, I- Gen, Office, and Community Commercial to Park and Open Space Zoning District. B. ARBY’S by Arby’s Restaurant Group. Amendment to the approved Site Plan and Architectural Design on 1.14 acres. Synopsis: The applicant is proposing interior and exterior remodel of the current Arby’s restaurant. The building was built in 1989 and the applicant will be making changes to update the building. The proposed changes include the following: •Change exterior building elevations to a more modern façade. •Resurface and restripe the parking lot. •Add a landscaped island so the parking lot meets City code requirements. •Install a sidewalk connection to Franlo Road. •Update and re-face existing signage. All new signs will need to complywith City Code, Chapter 11.70 and will require separate sign permits. •Add landscaping to replace landscaping that has been removed over the years and not replaced. ANNOTATED AGENDA August 13, 2019 Page 5 •The rooftop mechanicals visible from Prairie Center Drive will be screened with premanufactured panels. The screening material will be reviewed and approved prior to the issuance of a building permit. MOTION: Move to: •Close the Public Hearing; and •Approve the site plan and architectural design on 1.14 acres; and •Direct Staff to prepare an Amendment of the Developer’sAgreement incorporating Staff recommendations and Councilconditions. C. OAK POINT ELEMENTARY SCHOOL PARKING LOT ADDITION by Independent School District 272. Resolution for a Site Plan Review on 23.05 acres (Resolution) Synopsis: The applicant is proposing to construct additional parking at Oak Point Elementary School. The property is located at 13400 Staring Lake Parkway at the intersection of Anderson Lakes Parkway and Staring Lake Parkway. The 23.05- acre property includes the school, parking, balls fields and playground areas. The new 85-stall parking lot is proposed west of the lower parking lot south of the school. The proposed project also includes construction of a stormwater basin west of the new parking lot, code compliant landscape islands in the parking lot and landscape screening on the south side of the parking lot to provide screening from Staring Lake Parkway. The proposed parking lot is primarily for staff parking and there is an existing sidewalk providing pedestrian access to the school. MOTION: Move to: •Close the Public Hearing; and •Adopt a Resolution for Site Plan Review on 23.05 acres D. SOUTHWEST TRANSIT GARAGE BUILDING ADDITION by SouthWest Transit. First Reading of an Ordinance for PUD District Review on 10.05 acres (Ordinance) Synopsis: The applicant is proposing to construct a building addition for a bus entry and offices on the property located at 14405 62nd Street W. The property is located south of 62nd Street W and just east of Indian Chief Road. The site includes an existing 100,256 square foot maintenance garage with warehouse and office space. The applicant is proposing to add a 2,689 square foot two-story addition onto the front of the building. The first story is being proposed as a bus entry, and the second story as office space. MOTION: Move to: •Close the Public Hearing; and ANNOTATED AGENDA August 13, 2019 Page 6 •Approve the 1st Reading of the Ordinance for the Planned Unit Development District Review on 10.05 acres; and •Direct Staff to prepare a Development Agreement incorporatingStaff and Commission recommendations and Council conditions X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI.ORDINANCES AND RESOLUTIONS XII.PETITIONS, REQUESTS, AND COMMUNICATIONS XIII.APPOINTMENTS XIV.REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV.OTHER BUSINESS XVI.ADJOURNMENT MOTION: Move to adjourn the City Council meeting. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, AUGUST 13, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case, Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, City Planner Julie Klima, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL / CALL THE HRA MEETING TO ORDER II.APPROVE MINUTES OF HRA MEETING HELD ON APRIL 2, 2019 III.APPROVE TIF AGREEMENT FOR TRAIL POINTE RIDGE IV.ADJOURNMENT UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, APRIL 2, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case, Council Members Brad Aho, Mark Freiberg, PG Narayanan, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Jay Lotthammer, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL / CALL THE HRA MEETING TO ORDER Chair Case called the meeting to order at 8:00 PM. All Council Members were present. II.APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 4, 2018 MOTION: Narayanan moved, seconded by Freiberg, to approve the HRA minutes fromDecember 4, 2018. Motion carried 5-0. III.APPROVE MINUTES OF HRA MEETING HELD ON JANUARY 8, 2019 MOTION: Freiberg moved, seconded by Narayanan, to approve the HRA minutes fromJanuary 8, 2018. Motion carried 5-0. IV.ADOPT RESOLUTION HRA NO. 2019-02 MODIFYING THE REDEVELOPMENTPLAN FOR PROJECT AREA NO. 5, ESTABLISHING TAX INCREMENTFINANCING DISTRICT NO. 23, AND ADOPTING A TAX INCREMENT PLAN MOTION: Freiberg moved, seconded by Nelson, to adopt Resolution HRA No. 2019- 02 requesting a modification to the Redevelopment Plan for Redevelopment Project AreaNo. 5, establishing Tax Increment Financing District No. 23: Trail Pointe Ridge therein,and adopting a Tax Increment Financing Plan therefor. Motion carried 5-0. V. ADOPT RESOLUTION HRA NO. 2019-03 AUTHORIZING AN INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 23 MOTION: Aho moved, seconded by Nelson, to adopt Resolution HRA No. 2019-03 authorizing an interfund loan for advance of certain costs in connection with Tax Increment Financing District No. 23: Trail Pointe Ridge. Motion carried 5-0. VI.ADJOURNMENT MOTION: Narayanan moved, seconded by Freiberg, to adjourn the HRA meeting.Motion carried 5-0. Chair Case adjourned the meeting at 8:02 PM. HOUSING AND REDEVELOPMENT AUTHORITY AGENDA DATE August 13, 2019 DEPARTMENT/DIVISION: Community Development Janet Jeremiah, Director ITEM DESCRIPTION Approve TIF agreement for Trail Pointe Ridge ITEM NO. III. Requested Action Move to: Approve the Tax Increment Financing Agreement for Trail Pointe Ridge Synopsis CommonBond Communities is requesting Tax Increment Financing (TIF) for a 58 unit workforce housing project which is part of Smith Village. The proposal is to construct a four (4) story building with 52 units. Twelve (12) of the units (20% of the apartments) would be available and affordable to households earning less than 50% of the Area Median Income. Further 52 units, which include the 12 TIF Units will be affordable under the provisions of the Low Income Housing Tax Credit Program Background The Tax Increment District will constitute a "housing district" under Section 469.174, Subd. 11 of the Tax Increment Act. At least 12 of the residential units in the Project must be occupied or available for occupancy by persons whose incomes do not exceed 50% of Hennepin County Area Median Income. Further the Developer will be using the Federal Low-Income Income Housing Tax Credit program. Under that program 52 affordable Low-Income Housing Tax Credit units will be provided within the residential units in Project. 12 of those LIHTC Units are also TIF Units. Of the 52 units, 13 shall be 1-bedroom units occupied by residents whose annual income is at 30% or less of Hennepin County AMI, 26 shall be 2-bedroom units occupied by residents whose annual income is at 50% or less of Hennepin County AMI, and 13 shall be 3-bedroom units occupied by residents whose annual income is at 60% or less of Hennepin County AMI. Six additional units shall be rented at market rates. Attachment TIF Agreement Final 8/8/19 TAX INCREMENT DEVELOPMENT AGREEMENT BY AND BETWEEN HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF EDEN PRAIRIE, MINNESOTA AND CB EDEN PRAIRIE HOUSING LIMITED PARTNERSHIP This document drafted by: GREGERSON, ROSOW, JOHNSON & NILAN, LTD 100 Washington Ave. S. Suite 1550 Minneapolis, MN 55401 2 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS ..................................................................................... Section 1.1 Definitions.......................................................................................... ARTICLE II REPRESENTATIONS AND WARRANTIES .................................. Section 2.1 Representations and Warranties of the HRA ......................................... Section 2.2 Representations and Warranties of the Developer ................................. ARTICLE III UNDERTAKINGS BY DEVELOPER AND HRA ............................... Section 3.1 Project, Site Improvements and Development Property ........................ Section 3.2 Limitations on Undertaking of the HRA ............................................... Section 3.3 Reimbursement: TIF Note ..................................................................... Section 3.4 Compliance with Low and Moderate Income Requirements ................ Section 3.5 Assessment Agreement ........................................................................... ARTICLE IV EVENTS OF DEFAULT .......................................................................... Section 4.1 Events of Default Defined ..................................................................... Section 4.2 Remedies on Default .............................................................................. Section 4.3 No Remedy Exclusive............................................................................ Section 4.4 No Implied Waiver ................................................................................ Section 4.5 Agreement to Pay Attorney's Fees and Expenses .................................. Section 4.6 Indemnification of HRA ........................................................................ ARTICLE V DEVELOPER'S OPTION TO TERMINATE AGREEMENT ....... Section 5.1 The Developer's Option to Terminate .................................................... Section 5.2 Action to Terminate ............................................................................... Section 5.3 Effect of Termination ............................................................................. ARTICLE VI ADDITIONAL PROVISIONS .............................................................. Section 6.1 Restrictions on Use ................................................................................ Section 6.2 Conflicts of Interest................................................................................ Section 6.3 Titles of Articles and Sections ............................................................... Section 6.4 Notices and Demands ............................................................................ Section 6.5 Counterparts ........................................................................................... Section 6.6 Law Governing ...................................................................................... Section 6.7 Expiration ............................................................................................... Section 6.8 Provisions Surviving Rescission or Expiration...................................... Section 6.9 Assignability of Agreement ................................................................... EXHIBIT A DESCRIPTION OF DEVELOPMENT PROPERTY ........................................... A EXHIBIT B FORM OF TIF NOTE ............................................................................................. B EXHIBIT C SITE IMPROVEMENTS ........................................................................................ C EXHIBIT D COMPLIANCE CERTIFICATE ........................................................................... D EXHIBIT E FORM OF ASSESSMENT AGREEMENT ........................................................... E EXHIBIT F MULTIFAMILY RENT AND INCOME LIMITS ................................................. F EXHIBIT G RENT ROLL .......................................................................................................... G 3 TAX INCREMENT DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of the 13th day of August, 2019, by and between the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "HRA"), a political subdivision of the State of Minnesota organized under the Constitution and laws of the State of Minnesota with it principal offices at 8080 Mitchell Road, Eden Prairie, MN 55344-2230 and CB Eden Prairie Housing Limited Partnership, a Minnesota limited partnership (the "Developer"). WITNESSETH: WHEREAS, pursuant to Minnesota Statutes, Section 469.174 to 469.179, the HRA has heretofore established Redevelopment Project No. 5 (the "Project Area") and has adopted a redevelopment plan therefor (the "Redevelopment Plan"); WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.1794, as amended (hereinafter, the "Tax Increment Act"), the HRA has heretofore established, within the Project Area, Tax Increment Financing District No. 23 (Trail Pointe Ridge Apartments) (the "Tax Increment District") and has adopted a tax increment financing plan therefor (the "Tax Increment Plan") which provides for the use of tax increment financing in connection with certain development within the Project Area; WHEREAS, capitalized terms used in these recitals or elsewhere in this Agreement and not otherwise defined are given the meanings assigned to them in Article I of this Agreement; WHEREAS, in order to achieve the objectives of the Redevelopment Plan and particularly to make the land in the Project Area available for development by private enterprise in conformance with the Redevelopment Plan, the HRA has determined to assist the Developer with the financing of certain costs of the Project to be constructed within the Tax Increment District as more particularly set forth in this Agreement; WHEREAS, the HRA believes that the development and construction of the Project, and fulfillment of this Agreement are vital and are in the best interests of the HRA, the health, safety, morals and welfare of residents of the City, and in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted; and WHEREAS, the requirements of the Business Subsidy Law, Minnesota Statutes, Section 116J.993 through 116J.995, do not apply to this Agreement pursuant to an exemption for housing. NOW, THEREFORE, in consideration of the foregoing recitals, which are agreed by the parties to be an integral part of this Agreement, and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 4 ARTICLE I DEFINITIONS Section 1.1 Definitions. All capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Affordable Units means the 12 units described in Section 3.4 (1) (A); Agreement means this Agreement, as the same may be from time to time modified, amended or supplemented; Available Tax Increments means 80% of the Tax Increments; Business Day means any day except a Saturday, Sunday or a legal holiday or a day on which banking institutions in the HRA are authorized by law or executive order to close; City means the City of Eden Prairie, Minnesota; Compliance Certificate means the Compliance Certificate in substantially the form attached hereto as Exhibit D; County means Hennepin County, Minnesota; Developer means CB Eden Prairie Housing Limited Partnership, a Minnesota limited partnership, its successors and assigns; Development Property means the real property described in Exhibit A attached to this Agreement; Event of Default means any of the events described in Section 4.1 hereof; HRA means the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota; Inclusionary Housing Units (IH Units) means the minimum of 10% of the units described in Section 3.4 (1) (C); Lender means any holder of a loan secured by the Development Property, and its successors or assigns; Owner means CB Eden Prairie Housing Limited Partnership, a Minnesota limited partnership; Prime Rate means the rate of interest from time to time publicly announced by U.S. Bank National Association in St. Paul, Minnesota, as its "prime rate" or "reference rate" or any successor rate, which rate shall change as and when that rate or successor rate changes; 5 Project means the construction of a 4-story, 58 unit multifamily rental apartment building by the Developer on the Development Property commonly referred to as Trail Pointe Ridge; Project Area means the real property included in Redevelopment Project No. 5 heretofore established; Redevelopment Plan means the development program approved in connection with the Project Area; Site Improvements means the site improvements undertaken or to be undertaken on the Development Property, more particularly described on Exhibit C attached hereto; State means the State of Minnesota; Tax Credit Units means the 52 units described in Section 3.4 (1) (B); Tax Increments means the tax increments derived from the Development Property which have been received by the HRA in accordance with the provisions of Minnesota Statutes, Section 469.177; Tax Increment Act means Minnesota Statutes, Sections 469.174 through 469.1794, as amended; Tax Increment District means Tax Increment Financing District No. 23 located within the Project Area, a description of which is set forth in the Tax Increment Financing Plan, which was qualified as a housing district under the Tax Increment Act; Tax Increment Financing Plan means the tax increment financing plan approved for the Tax Increment District by the HRA on ____________ ______, 2019, and any future amendments thereto; Termination Date means the earlier of __________ _____, 20____ or the date this Agreement is terminated earlier pursuant to the terms hereof. TIF Note means the Tax Increment Revenue Note (Trail Pointe Ridge to be executed by the HRA and delivered to the Developer pursuant to Article III hereof, the form of which is attached hereto as Exhibit B; TIF Note Payment Date means August 1, 2021, and each February 1 and August 1 of each year thereafter to and including the date on which Developer has received a total principal amount of $746,410; provided, that if any such Note Payment Date should not be a Business Day, the Note Payment Date shall be the next succeeding Business Day; TIF Revenue is the amount of the Tax Increments received by Developer in any given year; and 6 Unavoidable Delays means delays, outside the control of the party claiming its occurrence, which are the direct result of strikes, other labor troubles, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the Project, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion, directly results in delays, or acts of any federal, state or local governmental unit (other than the HRA) which directly result in delays. 7 ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1 Representations and Warranties of the HRA. The HRA makes the following representations and warranties: (1) The HRA is political subdivision of the State of Minnesota and has the power to enter into this Agreement and carry out its obligations hereunder. (2) The Tax Increment District is a "housing district" within the meaning of Minnesota Statutes, Section 469.174, Subdivision 11, and was created, adopted and approved in accordance with the terms of the Tax Increment Act. (3) The development contemplated by this Agreement is in conformance with the development objectives set forth in the Redevelopment Plan. (4) To finance certain costs within the Tax Increment District, the HRA agrees, subject to the further provisions of this Agreement and the TIF Note, to apply Tax Increments to reimburse the Developer for acquisition of the Development Property and a portion of the costs of the construction of certain Site Improvements incurred in connection with the Project as further provided in this Agreement. (5) The HRA makes no representation or warranty, either expressed or implied, as to the Development Property or its condition or the soil conditions thereon, or that the Development Property shall be suitable for the Developer's purposes or needs. Section 2.2 Representations and Warranties of the Developer. The Developer makes the following representations and warranties: (1) The Developer is a Minnesota limited partnership and has the power and authority to enter into this Agreement and to perform its obligations hereunder, and doing so will not violate its articles of organization, member control agreement or operating agreement, or the laws of the State and by proper action has authorized the execution and delivery of this Agreement. (2) The Developer shall cause the Project to be constructed in accordance with the terms of this Agreement, the Redevelopment Plan, and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations). (3) The construction of the Project would not be undertaken by the Developer, and in the opinion of the Developer would not be economically feasible within the reasonably foreseeable future, without the assistance and benefit to the Developer provided for in this Agreement. (4) The Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, 8 all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Project may be lawfully constructed. (5) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provision of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (6) The Developer will use its best efforts in cooperating fully with the HRA with respect to any third-party litigation commenced with respect to the Project. (7) The Developer will cooperate fully with the HRA in resolution of any on-site traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Project. (8) The Development Property was acquired by Developer on August 9, 2019 and construction of the Project will be substantially completed by December 31, 2020 subject to Unavoidable Delays. (9) The Developer acknowledges that Tax Increment projections contained in the Tax Increment Financing Plan are estimates only and the Developer acknowledges that it shall place no reliance on the amount of projected Tax Increments and the sufficiency of such Tax Increments to reimburse the Developer for a portion of the costs of the acquisition of the Development Property and the construction of the Site Improvements as provided in Article III. (10) The Developer will not seek a reduction in the market value below the value established in the Assessment Agreement (as determined by the City Assessor) of the Project or other facilities, if any, that it constructs on the Development Property for so long as the TIF Note remains outstanding. ARTICLE III UNDERTAKINGS BY DEVELOPER AND HRA Section 3.1 Project, Site Improvements and Development Property. The parties agree that the acquisition of the Development Property and the installation of the Site Improvements is essential to the successful completion of the Project. The costs of the Development Property and the Site Improvements shall be paid by the Developer. The HRA shall reimburse the Developer for the lesser of $746.410 or the costs actually incurred and paid by the Developer for the acquisition of the Development Property and the construction of Site Improvements (the "Reimbursement Amount"), as further provided in Section 3.3 hereof. Section 3.2 Limitations on Undertaking of the HRA. Notwithstanding the provisions of Section 3.1, the HRA shall have no obligation to the Developer under this Agreement to 9 reimburse the Developer for the costs identified in Section 3.1, if the HRA, at the time or times such payment is to be made, is entitled under Section 4.2 to exercise any of the remedies set forth therein as a result of an Event of Default which has not been cured. Section 3.3 Reimbursement: TIF Note. The HRA shall reimburse the payments made by the Developer under Section 3.1 for costs of the acquisition of the Development Property and the construction of Site Improvements through the issuance of the HRA's TIF Note in substantially the form attached to this Agreement as Exhibit B, subject to the following conditions: (1) The TIF Note shall be dated, issued and delivered when the Developer shall have demonstrated in writing to the reasonable satisfaction of the HRA that (i) the Developer has incurred and paid the costs of the acquisition of the Development Property and of the construction of Site Improvements in the amount of the Reimbursement Amount, as described in and limited by Section 3.1; and (ii) the Developer has submitted paid invoices for the costs of construction of the Site Improvements (to the HRA and to an escrow agent providing construction loan disbursing services for the Project (if any) and a settlement statement or other evidence of payment of the costs of the acquisition of the Development Property, which are collectively in an amount not less than the Reimbursement Amount. (2) The initial amount of the TIF Note shall be the Reimbursement Amount. The unpaid principal of the TIF Note shall bear simple non-compounding interest from the date of issuance of the TIF Note, at 4.82% per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30-day months. (3) The principal amount of the TIF Note and the interest thereon shall be payable solely from the Available Tax Increments. (4) On each TIF Note Payment Date and subject to the provisions of the TIF Note, the HRA shall pay, against the principal and interest outstanding on the TIF Note, any Available Tax Increments received by the HRA during the preceding six (6) months. All such payments shall be applied first to accrued interest and then to reduce the principal of the TIF Note. (5) The TIF Note shall be a special and limited obligation of the HRA and not a general obligation of the HRA, and only Available Tax Increments shall be used to pay the principal and interest on the TIF Note. If, on any TIF Note Payment Date, the Available Tax Increments for the payment of the accrued and unpaid interest on the TIF Note are insufficient for such purposes, the difference shall be carried forward, without interest accruing thereon, and shall be paid if and to the extent that on a future TIF Note Payment Date there are Available Tax Increments in excess of the amounts needed to pay the accrued interest then due on the TIF Note. (6) The HRA's obligation to make payments on the TIF Note on any TIF Note Payment Date or any date thereafter shall be conditioned upon the requirements that: (A) there shall not at that time be an Event of Default that has occurred and is continuing under this Agreement beyond any applicable notice and cure period and (B) this Agreement shall not have been rescinded pursuant to Section 4.2. 10 (7) The TIF Note shall be governed by and payable pursuant to the additional terms thereof, as set forth in Exhibit B. In the event of any conflict between the terms of the TIF Note and the terms of this Section 3.3, the terms of the TIF Note shall govern. The issuance of the TIF Note pursuant and subject to the terms of this Agreement, and the taking by the HRA of such additional actions as the HRA Attorney may require in connection therewith, are hereby authorized and approved by the HRA. Section 3.4 Compliance with Low and Moderate Income Requirements. (1) The HRA and the Developer understand and agree that the Tax Increment District will constitute a "housing district" under Section 469.174, Subd. 11 of the Tax Increment Act. Accordingly, in compliance with Section 469.1761, Subd. 3 of the Tax Increment Act, the Developer agrees that the Project must satisfy, or be treated as satisfying, the income requirements for a qualified residential rental project as defined in Section 142(d) of the Internal Revenue Code. The parties further agree that no more than 20% of the square footage of the Project may consist of commercial, retail, or other nonresidential uses. The parties further agree that, subject to the provisions of the Tax Increment Act and Section 142(d) of the Internal Revenue Code, the Developer shall not be obligated to extend any allowances to tenants for utilities or otherwise, and shall be permitted to charge and collect from tenants’ gross maximum rents. The Developer must meet the above requirements as follows: (A) Affordable Units. At least 12 of the residential units in the Project must be occupied or available for occupancy by persons whose incomes do not exceed 50% of Hennepin County Area Median Income. . Developer shall identify in its Certificate of Compliance required in Section 3.4 (3) which of the units described below in 3.4(1) (b) are the Affordable Units. (B) Tax Credit Units. For the applicable program compliance period Developer shall provide 52 affordable Tax Credit units within the residential units in Project. Of these, 13 shall be 1-bedroom units occupied by residents whose annual income is at 30% or less of Hennepin County AMI, 26 shall be 2-bedroom units occupied by residents whose annual income is at 50% or less of Hennepin County AMI, and 13 shall be 3-bedroom units occupied by residents whose annual income is at 60% or less of Hennepin County AMI. Six additional units shall be rented at market rates. Twelve (12) of the Tax Credit Units are also Affordable Units as defined herein and must comply with the requirements set forth in both 3.4 (1) (A) and in 3.4 (1) (B). Developer shall immediately notify the HRA if Developer receives a Notice of Noncompliance with respect to the Tax Credit Units and provide the notice of Noncompliance to the HRA. (C) Upon expiration of the Low Income Housing Tax Credit compliance period, a minimum of 5% of units shall at all times remain affordable as IH Units to households whose annual income is at 50% or less of Hennepin County AMI, and a minimum of 5% of units shall at all times remain affordable as inclusionary units to households whose annual income is at 80% or less of Hennepin County AMI. The IH Units shall be reflective of the overall unit mix by bedroom type and shall be subject, including rents and incomes, to review and approval by the City. 11 (D) The limits described in clause (A) must be satisfied through the Termination Date. Income for occupants of units described in clause (A) shall be adjusted for family size in accordance with Section 142(d) of the Internal Revenue Code and related regulations. (E) Borrower shall restrict rents in the Project for the Affordable Units to an amount not exceeding the Multifamily Rent and Income Limits published online for Hennepin County, Minnesota by the United States Department of Housing and Urban Development, as adjusted for family size, as the same may be updated from time-to-time. Attached hereto as EXHIBIT F are such Multifamily Rent and Income Limits in effect as of the date of this Agreement. (2) The obligations of Section 3.4 (1) (A), (B), (C) (D) and (E) shall not terminate and shall remain in full force and effect in the event of an Event of Default under Section 4.1 by the Developer unless the HRA elects a remedy for such default that results in a cancellation or termination of the TIF Note and the payments thereunder, in which event the obligations set forth in Sections 3.4(1)(A), (B), (C) (D)and (E) shall terminate and be of no further force or effect as of the date of such termination of the TIF Note and / or this Agreement. (3) On or before each January 1 and July 1 during the period that the TIF Note is outstanding, commencing on July 1, 20__, the Developer or an agent of the Developer must deliver or cause to be delivered to the HRA a Compliance Certificate, in substantially the form shown on Exhibit D attached hereto, executed by the Developer covering the preceding six (6) months together with written evidence satisfactory to the HRA of compliance with the covenants in Section 3.4 (1) (A), (B), (C), (D) and (E). This evidence must include a statement of the household income of each of qualifying renter, a written determination that each qualifying renter's household income falls within the qualifying limits of this Section (and Section 142(d) of the Internal Revenue Code), and certification that the income documentation is correct and accurate (and that the determination of qualification was made in compliance with Section 142(d) of the Internal Revenue Code). The HRA may review, upon request, all documentation supporting the Developer submissions and statements. In determining compliance with this Section, the Developer must use the County median incomes for the year in which the payment is due on the TIF Note, as promulgated by the Minnesota Housing Finance Agency based on the area median incomes established by the United States Department of Housing and Urban Development (the “County Area Median Income”). (4) On or before each March 1 during the period that the TIF Note is outstanding, commencing on March 1, 2021, the Developer or an agent of the Developer must deliver or cause to be delivered to the HRA a Rent Roll Certificate (“Rent Roll”), in substantially the form shown on Exhibit G attached hereto, executed by the Developer covering the preceding twelve (12) months together with a written certificate reasonably satisfactory to the HRA that Developer is in compliance with the covenants in Section 3.4 (1) (A), (B), (C), (D) and (E). The Rent Roll shall set forth (i) the rent for each Affordable Unit and (ii) for each Affordable Unit, the rent for a comparable market rate unit. The HRA will review the Rent Roll and will approve any proposed Rent Roll, provided such rents are not in excess of the rent limits in this Section 3.4. Any Rent Roll submitted by the Developer will be considered approved unless disapproved by the HRA within sixty (60) days after submission. The HRA shall 12 provide written reasons if any Rent Roll is disapproved. The Developer shall have sixty (60) days following receipt of any notice of disapproval to cure any objections the HRA has made in its notice of disapproval and to submit a revised Rent Roll to the HRA for review and approval as provided in this Section. The Developer’s failure to obtain the HRA’s approval of a revised Rent Roll during such sixty (60) day cure period shall constitute a default by Developer. (5) On or before each March 1 after the expiration of the Low Income Housing Tax Credit compliance period the Developer or an agent of the Developer must deliver or cause to be delivered to the HRA a Rent Roll Certificate (“Rent Roll”), in substantially the form shown on Exhibit G attached hereto, executed by the Developer covering the preceding twelve (12) months together with a written certificate reasonably satisfactory to the HRA that Developer is in compliance with the covenants in Section 3.4 (1) (C). The Rent Roll shall set forth (i) the rent for each inclusionary housing unit and (ii) for each inclusionary housing unit, the rent for a comparable market rate unit. The HRA will review the Rent Roll and will approve any proposed Rent Roll, provided such rents are not in excess of the rent limits in Section 3.4. (1) (C). Any Rent Roll submitted by the Developer will be considered approved unless disapproved by the HRA within sixty (60) days after submission. The HRA shall provide written reasons if any Rent Roll is disapproved. The Developer shall have sixty (60) days following receipt of any notice of disapproval to cure any objections the HRA has made in its notice of disapproval and to submit a revised Rent Roll to the HRA for review and approval as provided in this Section. The Developer’s failure to obtain the HRA’s approval of a revised Rent Roll during such sixty (60) day cure period shall constitute a default by Developer. Section 3.5 Assessment Agreement: The Assessment Agreement shall be executed by the Owner, in form attached hereto as EXHIBIT E, and the HRA as of the date hereof, and the Owner shall cause the Assessment Agreement and an executed Assessor’s Certificate, in the form attached thereto, to be recorded against the Development Property. ARTICLE IV EVENTS OF DEFAULT Section 4.1 Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean whenever it is used in this Agreement any one or more of the following events and the expiration of all applicable cure periods: (1) Failure by the Developer at any time prior to the Termination Date to timely pay any ad valorem real property taxes assessed and special assessments or other HRA charges with respect to the Development Property. (2) Failure by the Developer to cause the construction of the Project to be completed pursuant to the terms, conditions and limitations of this Agreement. (3) Failure of the Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement including failure to provide the Affordable Units. 13 (4) The holder of any mortgage on the Development Property or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable mortgage documents. (5) If the Developer shall: (A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended or under any similar federal or state law; or (B) make an assignment for the benefit of its creditors: or (C) admit in writing its inability to pay its debts generally as they become due; or (D) be adjudicated as bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer as bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or a receiver, liquidator or trustee of the Developer, or of the Project, or part thereof, shall be appointed in any proceeding brought against the Developer, and shall not be discharged within sixty (60) days after such appointment, or if the Developer, shall consent to or acquiesce in such appointment. Section 4.2 Remedies on Default. Whenever any Event of Default referred to in Section 4.1 occurs and is continuing, the HRA, as specified below, may take any one or more of the following actions after the giving of sixty (60) days' written notice to the Developer, but only if the Event of Default has not been cured within said sixty (60) days provided however, the notice required for the action (3) below shall be five (5) business days’ written notice to the Developer, provided however a default in complying with the provisions of Section 3.4 (1) (B) with respect to the forty (40) Tax Credit Units that are not also Affordable Units shall not be deemed to have occurred for purposes of the remedies provided in this Agreement until the Minnesota Housing Finance Agency issues a Notice of Noncompliance and the expiration of the Correction Period established in said notice. (1) Subject to providing notice as specified above and in addition to any other remedy, this Agreement may be terminated by the HRA, in the event of a failure by Developer to provide the Affordable Units in accordance with the terms of this Agreement. Upon termination pursuant to this paragraph, the Developer shall pay to the HRA the present value of an amount equal to the following (such amount, the “TIF Excess”): the amount of the Tax Increments actually received by Developer to the date of the termination, less the amount of the Developer Rent Subsidy provided. For purposes of this paragraph, “Developer Rent Subsidy” shall be defined as the amount by which the aggregate rent collected for the Affordable Units is less than would have been collected if such Affordable Units were rented at rates equal to the average rent of the same unit types (e.g. studio, one-bedroom, two-bedroom), measured annually at the end of each calendar year. By way of example only, if a one-bedroom apartment that was an Affordable Unit was rented 14 for an entire calendar year at a rate of $1,000 per month, and the average rent collected for all other one-bedroom units at the Project (other than those that are Affordable Units) for such calendar year was $1,100 per month, the Developer Rent Subsidy for that Affordable Unit for the applicable calendar year will be $1,200.00. Any payment required hereunder shall be made promptly following receipt by Developer of a written demand by the HRA. For purposes of determining the present value of the TIF Excess, a rate of return of 4.1% per annum shall be used, accruing from the end of the calendar year for which the TIF Excess is calculated. Notwithstanding the above, the requirement of Section 3.4 (C) to provide a IH Units shall survive a termination of this Agreement by the HRA. (2) The HRA may suspend its performance under this Agreement and the TIF Note until it receives assurances from the Developer, deemed adequate by the HRA, that the Developer will cure its default and continue its performance under this Agreement. (3) Notwithstanding any other remedy provided for herein, upon a default in submitting the Compliance Certificate required by Section 3.4(3) that has not been cured within five (5) business days of notice specified above the HRA may suspend its performance under this Agreement and the TIF Note until the Compliance Certificate is filed and is in compliance with the requirements of Section 3.4(3). (4) The HRA may cancel and rescind the Agreement and the TIF Note. (5) The HRA may take any action, including legal or administrative action, in law or equity, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Notwithstanding an Event of Default, if the HRA does not cancel and rescind the Agreement and the TIF Note, the obligations under Section 3.4 remain in full force and effect. 6. The obligation of Developer to provide IH Units as set forth in this Agreement, including in Section 3.4 (C) shall survive and remain in full force and effect after the exercise of any remedy including but not limited to termination, cancelation or rescission of this Agreement by either party. Section 4.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the HRA is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 4.4 No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 4.5 Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of Default occurs and the HRA shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any 15 obligation or agreement on the part of the Developer herein contained, the Developer agrees that it shall, on demand therefor, pay to the HRA the reasonable fees of such attorneys and such other reasonable and customary expenses so incurred by the HRA. Section 4.6 Indemnification of HRA. (1) The Developer releases from and covenants and agrees that the HRA and its governing body members, officers, agents, including the independent contractors, consultants and legal counsel, servants and employees thereof (hereinafter, for purposes of this Section, collectively the "Indemnified Parties") shall not be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project, provided that the foregoing indemnification shall not be effective for any actions of the Indemnified Parties that are not contemplated by this Agreement. (2) Except for any willful misrepresentation or any negligent, willful or wanton misconduct of the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from the actions or inactions of the Developer (or other persons acting on its behalf or under its direction or control) under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Project; provided, that this indemnification shall not apply to the warranties made or obligations undertaken by the HRA in this Agreement or to any actions undertaken by the HRA which are not contemplated by this Agreement but shall, in any event and without regard to any fault on the part of the HRA, apply to any pecuniary loss or penalty (including interest thereon from the date the loss is incurred or penalty is paid by the HRA at a rate equal to the Prime Rate) as a result of the Developer operating the Project so that the Tax Increment District does not qualify or ceases to qualify as a "housing district" under Section 469.174, Subdivision 11, of the Act or to violate limitations as to the use of Tax Increments as set forth in Section 469.176, Subdivision 4d. (3) All covenants, stipulations, promises, agreements and obligations of the HRA contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the HRA and not of any governing body member, officer, agent, servant or employee of the HRA. Section 4.7 Lender and Investor Cure Rights. Developer’s investor limited partner (“Investor Limited Partner”) and any Lender on the Development Property shall have the right, but not the obligation, to cure any Event of Default by Developer under this Agreement or any default under any other document to be executed in connection herewith, and the HRA shall accept performance by the Investor Limited Partner or any mortgage holder of any obligation of Developer thereunder as though tendered by Developer itself, provided such performance by the Investor Limited Partner or mortgage holder has occurred during the applicable cure period, if any, provided to Developer thereunder with respect to such Event of Default. 16 17 ARTICLE V HRA DEFAULT AND DEVELOPER'S REMEDIES Section 5.1 The Developer's Option to Terminate. This Agreement may be terminated by the Developer, if (i) the Developer is in compliance with all material terms of this Agreement and no Event of Default has occurred; and (ii) the HRA fails to comply with any material term of this Agreement, and, after written notice by the Developer of such failure, the HRA has failed to cure such noncompliance within sixty (60) days of receipt of such notice, or, if such noncompliance cannot reasonably be cured by the HRA within sixty (60) days, of receipt of such notice, the HRA has not provided assurances, reasonably satisfactory to the Developer, that such noncompliance will be cured as soon as reasonably possible. Section 5.2 Action to Terminate. Termination of this Agreement pursuant to Section 5.1 must be accomplished by written notification by the Developer to the HRA within sixty (60) days after the date when such option to terminate may first be exercised. A failure by the Developer to terminate this Agreement within such period constitutes a waiver by the Developer of its rights to terminate this Agreement due to such occurrence or event. Section 5.3 Effect of Termination. If this Agreement is terminated pursuant to this Article V, this Agreement shall be from such date forward null and void and of no further effect; provided, however, the termination of this Agreement shall not affect the rights of either party to institute any action, claim or demand for damages suffered as a result of breach or default of the terms of this Agreement by the other party, or to recover amounts which had accrued and become due and payable as of the date of such termination. Upon termination of this Agreement pursuant to this Article V, the Developer shall be free to proceed with the Project at its own expense and without regard to the provisions of this Agreement; provided, however, that the HRA shall have no further obligations to the Developer with respect to reimbursement of the expenses set forth in Section 3.2. Section 5.4 HRA Covenant to Comply. The HRA covenants that it will comply with all payment obligations required of it hereunder and that it will take no action that will directly or indirectly impair its ability to repay the TIF Note or otherwise frustrate the purposes of the Tax Increment Financing Plan. Developer may enforce this provision in an action seeking declaratory relief, specific performance or injunctive relief but not an action for damages. ARTICLE VI ADDITIONAL PROVISIONS Section 6.1 Restrictions on Use. The Developer agrees for itself, its successors and assigns and every successor in interest to the Development Property, or any part thereof, that during the term of this Agreement the Developer and such successors and assigns shall operate, or cause to be operated, the Project as a multifamily rental housing facility (subject to the limitations set forth elsewhere in this Agreement) and shall devote the Development Property to, and in accordance with, the uses specified in this Agreement. Section 6.2 Conflicts of Interest. No member of the governing body or other official of the HRA shall have any financial interest, direct or indirect, in this Agreement, the 18 Development Property or the Project, or any contract, agreement or other transaction contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such member of the governing body or other official participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the HRA shall be personally liable to the HRA in the event of any default or breach by the Developer or its successor of any obligations under the terms of this Agreement. Section 6.3 Titles of Articles and Sections. Any titles of the several parts, articles and sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 6.4 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other shall be sufficiently given or delivered if it is (i) dispatched by registered or certified mail, postage prepaid, return receipt requested, (ii) deposited for overnight delivery with a recognizable courier service, (iii) deposited for same-day delivery with a recognizable courier service, (iv) delivered by email delivery, or (v) delivered personally, in any event, addressed or delivered to the addresses set forth below, and (1) in the case of the Developer is addressed to or delivered personally to: CB Eden Prairie Housing Limited Partnership CommonBond Communities Attention: Executive Vice President of Real Estate 1080 Montreal Avenue Saint Paul, MN 55116 Email: cecile.bedor@commonbond.org with a copy to : Winthrop & Weinstine, P.A. Attention: Erin Mathern 225 South Sixth Street, Suite 3500 Minneapolis, MN 55402 And a copy to: RBC Tax Credit Equity, LLC 600 E. Superior Avenue, Suite 3200 Cleveland, OH 44114 Attn: President and General Counsel 19 (2) in the case of the HRA is addressed to or delivered personally to the HRA at: Housing and Redevelopment Authority in and for The City of Eden Prairie Attention: Community Development Director Eden Prairie City Hall 8080 Mitchell Road Eden Prairie, MN 55344-4485 with a copy to: Gregerson, Rosow, Johnson & Nilan, LTD. Attention: Richard Rosow 100 Washington Ave S, Suite 1550 Minneapolis, MN 55401 or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. Notices shall be deemed given three (3) business days following deposit, in the case of method (i) above, one (1) business day following deposit, in the case of method (ii) above, and on the date of delivery, in the case of methods (iii) through (v) above. Section 6.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 6.6 Law Governing. This Agreement will be governed and construed in accordance with the laws of the State. Section 6.7 Expiration. This Agreement shall expire on the earlier of (i) February 1, 2045, (ii) the date the TIF Note is paid in full or (iii) the date this Agreement is terminated or rescinded in accordance with its terms. Section 6.8 Provisions Surviving Rescission or Expiration. Sections 4.5 and 4.6 shall survive any rescission, termination or expiration of this Agreement with respect to or arising out of any event, occurrence or circumstance existing prior to the date thereof. Section 6.9 Assignability of Agreement. This Agreement may be assigned only with the consent of the HRA which consent shall not be unreasonably withheld, delayed or conditioned. The TIF Note may only be assigned pursuant to the terms of the TIF Note. 20 IN WITNESS WHEREOF, the HRA has caused this Agreement to be duly executed in its name and on its behalf and the Developer has caused this Agreement to be duly executed in its name and on its behalf, on or as of the date first above written. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA By ____________________________ Ronald A. Case, Chair By ____________________________ Rick Getschow, Executive Director This is a signature page to the Development Agreement by and between the HRA of Eden Prairie and CommonBond Communities. STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this 13th day of August, 2019, by Ronald A. Case, the Chair of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a political subdivision under the law of the State of Minnesota, on behalf of the Authority. ___________________________________ Notary Public STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this 13th day of August, 2019, by Rick Getschow, the Executive Director of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a political subdivision under the law of the State of Minnesota, on behalf of the Authority. ___________________________________ Notary Public 21 CB Eden Prairie Housing Limited Partnership, a Minnesota limited partnership CB Eden Prairie Housing GP LLC General Partner Cecile Bedor Chief Manager/President STATE OF MINNESOTA) ) SS. COUNTY OF _____________) The foregoing instrument was acknowledged before me this ____ day of August, 2019, by Cecile Bedor, the Chief Manager/President of CB Eden Prairie Housing GP LLC, a Minnesota limited liability company, the general partner of CB Eden Prairie Housing Limited Partnership, a Minnesota limited partnership, on behalf of said limited partnership. Notary Public 22 EXHIBIT A DESCRIPTION OF DEVELOPMENT PROPERTY Lot 1, Block 1, Smith Village, Hennepin County, Minnesota EXHIBIT B FORM OF TAX INCREMENT NOTE No. R-1 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE TAX INCREMENT REVENUE NOTE OF 2019 TAX INCREMENT FINANCING DISTRICT # 23 WITHIN REDEVELOPMENT PROJECT AREA NO. 5 PRINCIPAL AMOUNT: $_____________________ INTEREST RATE: 4.82% The Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the “HRA”) hereby acknowledges itself to be indebted and, for value received, promises to pay to the order of CommonBond Communities, a Minnesota non-profit corporation (the “Owner”), or its permitted assigns (as such term is defined herein), solely from the source, to the extent and in the manner hereinafter provided, the principal amount of this Note, being _____________________________ and no/100 Dollars ($_______________.00) (the "Principal Amount"), commencing on August 1, 2021 and continuing on each August 1 and February 1 thereafter up to and including February 1, 2047 (the "Scheduled Payment Dates"). Simple interest at the rate of 4.82 percent per annum shall accrue from the date of this Note on the Principal Amount and shall be paid together with the Principal Amount on each February 1 and August 1. From and after August 1, 2021, all payments made by the HRA shall be applied first to accrued interest and then to the Principal Amount of this TIF Note. This Tax Increment Revenue Note of 20__ (“TIF Note”) is issued pursuant, and subject, to the terms and provisions of that certain Amended and Restated Tax Increment Development Agreement, dated as of ______ __, 20__, as the same may be amended from time to time (the “TIF Development Agreement”), by and between the HRA and Owner. Provided that the Owner has submitted evidence (pursuant to Section 3.3 of the TIF Development Agreement) to the HRA that costs of Owner’s Site Improvement Costs (as defined in the TIF Development Agreement) have been incurred and paid by the Owner as provided in the TIF Development Agreement, the principal and interest amounts due under this TIF Note (the “TIF Note Payment Amounts”) will be payable on August 1, 20__, and on each February 1 and August 1 thereafter to and including the earlier of the date on which total principal payments equal $______________ or February 1, 2047, or, if the first should not be a Business Day (as defined in the TIF Development Agreement) the next succeeding Business Day (the “Note Payment Dates”). On each Note Payment Date the HRA will pay, by check or draft mailed to the person that was the Registered Owner of this TIF Note at the close of the last Business Day preceding such Note Payment Date, the Available Tax Increments (as defined in the TIF Development Agreement) received by the HRA from the Tax Increment District (as hereinafter defined) since the preceding Note Payment Date or, in the case of the first Note Payment Date, prior to such first Note Payment Date, as provided in the TIF Development Agreement. All payments shall be first applied to interest accrued on the TIF Note and then to the unpaid principal of the TIF Note. The HRA shall not be required to make any payments on the Note subsequent to the date on which total principal payments equal $___________.00 or February 1, 20__, whichever is earlier, and any balance of principal and interest remaining unpaid subsequent thereto shall be deemed forgiven by the Owner. In no event shall the total principal paid under this Note exceed the amount of $_____________.00. TIF Note shall bear simple non-compounding interest from the date of issuance of the TIF Note, at 4.82% per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30-day months. The TIF Note Payment Amounts due hereon shall be payable solely from the Available Tax Increments. This TIF Note shall terminate and be of no further force and effect following the last Note Payment Date, or any date upon which the HRA shall have cancelled and rescinded the TIF Development Agreement pursuant to Section 4.2 thereof, or on the date that all principal and interest has been paid in full, whichever occurs earliest. The HRA makes no representation or covenant, express or implied, that the Available Tax Increments will be sufficient to pay, in whole or in part, the amounts which are or may become due and payable hereunder. The HRA’s payment obligations hereunder shall be further conditioned on the fact that no Event of Default under the TIF Development Agreement (and the passing of any applicable cure periods) has occurred and is continuing at the time payment is otherwise due hereunder, but such unpaid amounts shall become payable if said Event of Default is thereafter cured; and, further, if pursuant to the occurrence of an Event of Default under the TIF Development Agreement the HRA elects to cancel and rescind the TIF Development Agreement, the HRA shall have no further debt or obligation under this TIF Note whatsoever. Reference is hereby made to all of the provisions of the TIF Development Agreement, including without limitation Section 3.3 thereof, for a fuller statement of the rights and obligations of the HRA to pay the principal of and interest on this TIF Note, and said provisions are hereby incorporated into this TIF Note as though set out in full herein; provided, if there is any conflict between the terms of the TIF Development Agreement and the terms of this TIF Note, the terms of this TIF Note shall be controlling. This TIF Note is a special, limited revenue obligation and not a general obligation of the HRA and is payable by the HRA only from the sources and subject to the qualifications stated or referenced herein. This Note is not a general obligation of the Housing and Redevelopment HRA in and for the City of Eden Prairie, Minnesota, and neither the full faith and credit nor the taxing powers of the City are pledged to the payment of the principal of and interest on this TIF Note and no property or other asset of the HRA, save and except the above-referenced Available Tax Increments, is or shall be a source of payment of the HRA’s obligations hereunder. This TIF Note is issued by the HRA in aid of financing a project pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 through 469.1799. This TIF Note may be assigned only with the consent of the HRA, which consent must not be unreasonably withheld or delayed. In order to assign the TIF Note, the assignee shall surrender the same to the HRA either in exchange for a new fully registered note or for transfer of this TIF Note on the registration records for the TIF Note maintained by the HRA. Each permitted assignee shall take this TIF Note subject to the foregoing conditions and subject to all provisions stated or referenced herein. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this TIF Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this TIF Note, together with all other indebtedness of the HRA outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the HRA to exceed any constitutional or statutory limitation thereon. IN WITNESS WHEREOF, the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, by its Board of Commissioners, has caused this TIF Note to be executed by the manual signatures of its Chair and Executive Director and has caused this Note to be issued on and dated as of ________________, 20__. _______________________________ Executive Director _______________________________ Chair DO NOT EXECUTE UNTIL THE CONSTRUCTION OR THE IMPROVEMENTS HAVE BEEN COMPLETED AND PAID INVOICES FOR LAND ACQUISITION AND SITE IMPROVEMENTS ARE GIVEN TO THE HRA – REFER TO SECTION 3.3(1). CERTIFICATION OF REGISTRATION It is hereby certified that the foregoing Note, as originally issued on __________, 20__, was on said date registered in the name of CommonBond Communities, a Minnesota non-profit corporation, and that, at the request of the Registered Owner of this TIF Note, the undersigned has this day registered the TIF Note in the name of such Registered owner, as indicated in the registration blank below, on the books kept by the undersigned for such purposes. NAME AND ADDRESS OF REGISTERED OWNER DATE OF REGISTRATION SIGNATURE OF SECRETARY CommonBond Communities __________, 201_ _______________________ EXHIBIT C SITE IMPROVEMENTS Construction of Affordable Housing Landscaping, including irrigation Grading/earthwork Engineering Survey Environmental Testing Soil Borings Site Preparation Onsite Utilities Storm Water/Ponding Outdoor Lighting Onsite Road, Curb, Gutter, Driveway, Sidewalk and Streetscape Improvements Parking EXHIBIT D COMPLIANCE CERTIFICATE The undersigned does hereby certify that as of the date of this Certificate not less than 20% of the residential units in the project located at 16397 Glory Lane in Eden Prairie, Minnesota (the “Project”) are occupied by individuals whose income is 50% or less of the Hennepin County median income. The following Units are the Affordable Units as defined in the Tax Increment Development Agreement: 1. Unit No. _____ 2. Unit No. _____ 3. Unit No. _____ 4. Unit No. _____ 5. Unit No. _____ 6. Unit No. _____ 7. Unit No. _____ 8. Unit No. _____ 9. Unit No. _____ 10. Unit No. _____ 11. Unit No. _____ 12. Unit No. _____ Dated this ________day of ____________, 20_______. CB Eden Prairie Housing Limited Partnership, a Minnesota limited partnership By: CB Eden Prairie Housing GP LLC Its: General Partner By: Cecile Bedor Its: Chief Manager/President [Attach income verification required by Section 3.4] EXHIBIT E FORM OF ASSESSMENT AGREEMENT THIS AGREEMENT is dated as of __________ , 20__ and is between the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA, a public body corporate and politic organized and existing under the laws of the State of Minnesota (the “HRA”), and CB Eden Prairie Housing Limited Partnership, a Minnesota limited partnership (the “Owner”). IN CONSIDERATION OF the mutual covenants and benefits herein described, the HRA and the Owner recite and agree as follows: Section 1. Recitals. 1.01. Project Plan. The HRA has heretofore developed a Redevelopment Plan (the “Project Plan”) outlining certain development activities to be undertaken and has adopted a Redevelopment Plan therefor (the “Redevelopment Plan”), which includes the construction of a mixed use residential and commercial complex and to be constructed on the Development Property (the “Project”) and related site improvements and other improvements of a public nature. The Project is to be owned by the Owner. 1.02. Tax Increment Financing District. Pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 to 469.1799, as amended (the “TIF Act”), the City and the HRA have approved a tax increment financing plan (the “Financing Plan”), which is the proposed method for financing the development activities currently proposed to be undertaken relating to the Project. Pursuant to the Financing Plan, the Tax Increment Financing District Number 23 has been established as a housing district under the TIF Act. 1.03. Implementation. The HRA and the City of Eden Prairie, Minnesota (the “City”), have each authorized and directed their respective officers to take all actions necessary to implement and carry out the Project Plan and the Financing Plan. The Project Plan and the Financing Plan propose that the HRA finance certain costs of or related to the Project, payable from tax increment (as defined in the TIF Act) derived from the District (“Tax Increment”). 1.04. TIF Development Agreement. The HRA and the Owner have entered into a Tax Increment Development Agreement dated August 13, 2019 (the “TIF Development Agreement”), which provides that the Owner will improve the real property described in Exhibit A hereto (the “Land”) by the construction of the Project thereon. The TIF Development Agreement provides that upon the execution and delivery of the TIF Development Agreement, the HRA and Owner are to enter into this Assessment Agreement. Section 2. Minimum Market Value. 2.01. Agreed Upon Minimum. The Owner agrees that the minimum market value of the Land and the Project for ad valorem tax purposes, for the assessment made as of January 2, 2021, shall be not less than $11,310,000.00 and, except as provided in the TIF Development Agreement, shall not be reduced by any action taken by the Owner (other than a deed in lieu of, or under threat of, condemnation by the City of Eden Prairie, Hennepin County or other condemning authority), to less than the said amount, and that during the term of this Assessment Agreement no reduction of the market value therefor below said minimum market value shall be sought by the Owner or granted by any public official or court except in accordance with Minnesota Statutes, Section 469.177, subdivision 8. This minimum market value shall apply only to the Land, the Project and any other facilities situated on the Land. In the event of involuntary conversion of the Land and the Project for any reason (other than condemnation by a public entity), the minimum market value shall not be reduced to an amount less than said minimum market value The Owner acknowledges and agrees that the Land and the Project are subject to ad valorem property taxation and that such property taxes constitute taxes on “real property” (as provided in Section 469.174, subdivisions 4 and 7(d) of the TIF Act) and, to the extent reflecting net tax capacity rates of taxing jurisdictions levied against the captured net tax capacity of the District, tax increment. 2.02. Higher Market Value. Nothing in this Assessment Agreement shall limit the discretion of the city assessor of the City of Eden Prairie or any other public official or body having the duty to determine the market value of the Land, the Project and other facilities on the Land for ad valorem tax purposes, to assign to the Land, the Project or to any other improvements constructed on the Land, on a nondiscriminatory basis and treated fairly and equally with all other property so classified in the respective counties, a market value in excess of the minimum market value specified in Section 2.01. The Owner agrees not to contest any estimated assessor’s estimated value in excess of said minimum market value. 2.03. Substantial Completion. For purposes of this Assessment Agreement and the determination of the market value of the Land and the Project for ad valorem tax purposes, the Owner agrees that the Project shall be deemed to be completed in accordance with the TIF Development Agreement as of __________________ (the required date of completion), whether in fact completed or not. Section 3. Filing and Certification. 3.01. Assessor Certification. The HRA shall present this Assessment Agreement to the city assessor of the City of Eden Prairie and request such assessor to execute the certification attached hereto as Exhibit C. The Owner shall provide to the assessor all information relating to the Land and the Project requested by the assessor for the purposes of discharging the assessor’s duties with respect to the certification. 3.02. Filing. Prior to the recording of any mortgage, security agreement or other instrument creating a lien on the Land and in any event not less than 30 days after the execution of this Assessment Agreement, the Owner shall cause this Assessment Agreement and a copy of Minnesota Statutes, Section 469.177, subdivision 8, attached hereto as Exhibit B, to be recorded in the office of the County Recorder or Registrar of Titles of Hennepin County, and shall pay all costs of such recording. Section 4. Relation to TIF Development Agreement. The covenants and agreements made by the Owner in this Assessment Agreement are separate from and in addition to the covenants and agreements made by the Owner in the TIF Development Agreement and nothing contained herein shall in any way alter, diminish or supersede the duties and obligations of the Owner under the TIF Development Agreement. Section 6. Miscellaneous Provisions. 6.01. Binding Effect. This Assessment Agreement shall inure to the benefit of and shall be binding upon the HRA and the Owner and their respective successors and assigns, and upon all subsequent owners of the Land and the Project. 6.02. Severability. In the event any provision of this Assessment Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 6.03. Amendments, Changes and Modifications. Except as provided in Section 5.04, this Assessment Agreement may be amended or any of its terms modified only by written amendment authorized and executed by the HRA and the Owner and otherwise in compliance with Section 469.177, subdivision 8, of the Act. 6.04. Further Assurances and Corrective Instruments. The HRA and the Owner agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged or delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Land or the Project, or for carrying out the expressed intention of this Assessment Agreement. 6.05. Execution Counterparts. This Assessment Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 6.06. Applicable Law. This Assessment Agreement shall be governed by and construed in accordance with the internal laws of the State of Minnesota. 6.07. Captions. The captions or headings in this Assessment Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or Sections of this Assessment Agreement. 6.08. Effective Date. This Assessment Agreement shall be effective as of __________, 20__. 6.09. Termination Date. This Assessment Agreement shall terminate upon the termination of the District in accordance with Minnesota Statutes, Section 469.176, subdivision 1. 6.10. Definitions. Terms used with initial capital letters but not defined herein shall have the meanings given such terms in the Development Agreement, unless the context hereof clearly requires otherwise. IN WITNESS WHEREOF, the HRA has caused this Assessment Agreement to be executed in its name by its duly authorized officers and the Owner has caused this Assessment Agreement to be executed in its corporate name. HOUSING AND REDEVELOPMENT IN AND FOR THE CITY OF EDEN PRAIRIE, MINNESOTA By __________________________________ Its Chair By___________________________________ Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 20______, by , the Chair and ________________________, the Executive Director respectively of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota, a public body corporate and politic organized and existing under the laws of the State of Minnesota, on behalf of the public body. __________________________________________ Notary Public CommonBond Communities, a Minnesota non- profit corporation By ____________________________________ Its President STATE OF MINNESOTA ) ) SS. COUNTY OF ____ ) The foregoing instrument was acknowledged before me this ___ day of _________ , 20_____, by ______ , the President of CommonBond Communities, a Minnesota non-profit corporation, on behalf of the company. ____________________________________ Notary Public EXHIBIT A TO EXHIBIT E DESCRIPTION OF LAND Lot 1, Block 1, Smith Village, Hennepin County, Minnesota EXHIBIT B TO EXHIBIT E COPY OF MINNESOTA STATUTES, SECTION 469.177, SUBDIVISION 8 Assessment agreements. An authority may enter into a written assessment agreement with any person establishing a minimum market value of land, existing improvements, or improvements to be constructed in a district, if the property is owned or will be owned by the person. The minimum market value established by an assessment agreement may be fixed, or increase or decrease in later years from the initial minimum market value. If an agreement is fully executed before July 1 of an assessment year, the market value as provided under the agreement must be used by the county or local assessor as the taxable market value of the property for that assessment. Agreements executed on or after July 1 of an assessment year become effective for assessment purposes in the following assessment year. An assessment agreement terminates on the earliest of the date on which conditions in the assessment agreement for termination are satisfied, the termination date specified in the agreement, or the date when tax increment is no longer paid to the authority under section 469.176, subdivision 1. The assessment agreement shall be presented to the county assessor, or city assessor having the powers of the county assessor, of the jurisdiction in which the tax increment financing district and the property that is the subject of the agreement is located. The assessor shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, shall execute the following certification upon the agreement: The undersigned assessor, being legally responsible for the assessment of the above described property, certifies that the market values assigned to the land and improvements are reasonable. The assessment agreement shall be filed for record and recorded in the office of the county recorder or the registrar of titles of each county where the real estate or any part thereof is situated. After the agreement becomes effective for assessment purposes, the assessor shall value the property under section 273.11, except that the market value assigned shall not be less than the minimum market value established by the assessment agreement. The assessor may assign a market value to the property in excess of the minimum market value established by the assessment agreement. The owner of the property may seek, through the exercise of administrative and legal remedies, a reduction in market value for property tax purposes, but no city assessor, county assessor, county auditor, board of review, board of equalization, commissioner of revenue, or court of this state shall grant a reduction of the market value below the minimum market value established by the assessment agreement during the term of the agreement filed of record regardless of actual market values which may result from incomplete construction of improvements, destruction, or diminution by any cause, insured or uninsured, except in the case of acquisition or reacquisition of the property by a public entity. Recording an assessment agreement constitutes notice of the agreement to anyone who acquires any interest in the land or improvements that is subject to the assessment agreement, and the agreement is binding upon them. An assessment agreement may be modified or terminated by mutual consent of the current parties to the agreement. Modification or termination of an assessment agreement must be approved by the governing body of the municipality. If the estimated market value for the property for the most recently available assessment is less than the minimum market value established by the assessment agreement for that or any later year and if bond counsel does not conclude that termination of the agreement is necessary to preserve the tax exempt status of outstanding bonds or refunding bonds to be issued, the modification or termination of the assessment agreement also must be approved by the governing bodies of the county and the school district. A document modifying or terminating an agreement, including records of the municipality, county, and school district approval, must be filed for record. The assessor’s review and certification is not required if the document terminates an agreement. A change to an agreement not fully executed before July 1 of an assessment year is not effective for assessment purposes for that assessment year. If an assessment agreement has been modified or prematurely terminated, a person may seek a reduction in market value or tax through the exercise of any administrative or legal remedy. The remedy may not provide for reduction of the market value below the minimum provided under a modified assessment agreement that remains in effect. In no event may a reduction be sought for a year other than the current taxes payable year. EXHIBIT C TO EXHIBIT E ASSESSOR’S CERTIFICATE The undersigned, being the duly qualified and acting assessor of the City of Eden Prairie, Minnesota, hereby certifies that. 1. I am the assessor responsible for the assessment of the Land described in the foregoing Exhibit A; 2. I have read the foregoing Assessment Agreement dated as of __________, 20__; 3. I have received and read a duplicate original of the TIF Development Agreement referred to in the Assessment Agreement; 4. I have received and reviewed the architectural and engineering plans and specifications for the Project agreed to be constructed on the Land pursuant to the TIF Development Agreement; 5. I have received and reviewed an estimate prepared by the Owner of the cost of the Land and the Project to be constructed thereon; 6. I have reviewed the market value previously assigned to the Land on which the Project is to be constructed, and the minimum market value to be assigned to the Land and the Project by the Assessment Agreement is a reasonable estimate; and 7. I hereby certify that the market value assigned to the Land and the Project described on the foregoing Exhibit A by the Assessment Agreement is reasonable and the market value assigned to the Land and the Project, for the assessment January 2, 20__, shall be not less than $11,310,000.00. . Dated _____________________. _____________________________________ City Assessor, City of Eden Prairie, Minnesota EXHIBIT F METRO HOUSING PAYMENT STANDARDS EXHIBIT G RENT ROLL CERTIFICATE 16943421v6 Rent Limits:Units 1 Bedroom 2 Bedroom 2 Bedroom/Den 3 Bedroom Affordable @ 50% of Median $ $$$ Apartment Number Household Market Max Rent Application YYYY Initial Gross YYYY Initial Income Number of Bedrooms Style Size Rent 50% of Median Date Annual Income Limit EXHIBIT M COMPLIANCE CERTIFICATE Rent Limits mm/dd/yyyy to mm/dd/yyy Apartment Complex Name Address CITY COUNCIL AGENDA SECTION: Proclamations & Presentations DATE August 13, 2019 DEPARTMENT / DIVISION Jay Lotthammer, Director Parks and Recreation ITEM DESCRIPTION Scheels Bike Fix It Station Donation ITEM NO. IV.B. Requested Action Move to: Accept donation of Bike Fix It Station by Scheels. Synopsis Staff from the Scheel’s store located in Eden Prairie Center offered to provide a bike fix it station to be located in a park. The fix it station has been placed adjacent to the trail in Purgatory Creek Park where a high volume of bikes travel on a daily basis. This is the first fix it station to be located in one of the city parks. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of a Bike Fix It Station from Scheels is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 13th day of August, 2019. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: August 13, 2019 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation from the Sampson Family toward Art Center Equipment ITEM NO.: IV.C. Requested Action Move to: Adopt the Resolution accepting the donation in the amount of $9,606.03 from the Sampson Family to go toward Art Center equipment. Synopsis This donation to the Art Center from the Sampson Family will go to the purchase of Art Center equipment. Background In April of 2008, the City of Eden Prairie accepted the donation of a 5,400 square foot building to be used as an art center. With the City Council approval, it has become the largest single gift ever offered to the City of Eden Prairie. In May of 2009, the art center opened its doors to the public and has become a much needed and appreciated creative institution for the residence of Eden Prairie. Since 2009 the Art Center programs have grown every year. Beyond classes and summer camps, private lessons, open studio time, birthday parties, group outings, events and display artwork of local artists are offered. The mission of the Eden Prairie Art Center is to enhance the quality of life and foster creativity in our community by providing access to the arts for people of all ages and abilities. Staff work to achieve this mission by offering exceptional programing and studio space in mediums ranging from painting, drawing, ceramics, fused glass, jewelry and more. There are classes for all ages, toddler to senior. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $9,606.03from the Sampson Family to be used for Art Center equipment is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 13th day of August 2019. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JULY 16, 2019 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Finance Manager Sue Kotchevar, City Attorney Ric Rosow, and Recorder Kyle Salage. Workshop - Heritage Rooms I and II (5:30) I. 2020/2021 BUDGET Case called the workshop to order at 5:34 p.m. Before beginning the budget presentation, Getschow noted the Hennepin County courts are simply looking to engage with City Councils, and the upcoming presentation will not be tied to a request for funds or action. He also indicated the budget slides presented mirror the draft budget document itself. This draft will be sent to the Council via email. Getschow provided an overview of the timeline for the budget process, pointing out there will be more meetings and discussions on the budget before its adoption in December. He indicated the citywide survey results, which were largely very positive, helped guide funding decisions for City services. These survey results indicate the City ranks in the top-ten nationwide in upwards of eighteen (18) service categories. Getschow then outlined the city-wide goals for the budget. The Council refreshed these goals in 2015, adding sustainability and economic vitality. He indicated these goals include a high level of service, low taxes, strong financial position and bond rating, and status as a desirable workplace. Aho inquired what City staff turnover has been like, and whether the City has had difficulty hiring new people. Getschow stated though there has been some turnover, the City has been able to find good, quality people to fill open positions. Nelson added turnover is also in part driven by retirements of tenured employees. Narayanan pointed out transitional impact of turnover is less in the public sector, as there is generally a shared understanding of job duties. In the private sector, however, there is more turnover and less collaboration. Getschow indicated this generally is the case, but added public sector work is also driven by a mission of service. Aho added good policies, procedures, and benefits also contribute to the retention of employees and the high level of service. Getschow stated the City also has the benefit of being known for its stable leadership, which not all cities have. Aho stated the Council wants ITEM NO. VI.A. City Council Workshop Minutes June 18, 2019 Page 2 to support its staff, Fire department, and Police department, because all of these people contribute towards creating a safe community. Nelson added credit should also be given to those who maintain the City’s parks and roads. Getschow indicated some of the projects aimed at enhancing sense of community are in the Capital Funds Balance, while others are found in General Funds. The City is always seeking new ways to engage with the community. The “Real Talk with Rick” podcast and EP See Click Fix initiatives, in particular, have been well received. Getschow discussed the City’s sustainability efforts. While most of these programs and initiatives require investment, they also result in cost savings. The solar energy initiative is the cornerstone of these efforts, but the City is also taking measures such as the new yard waste drop-off site and organic waste collection. Nelson inquired as to when the solar panels will be installed on City buildings. Getschow indicated installation at the designated sites is already in process, with the exception of the Community Center. Between the energy produced by these panels and the contributions from adjacent solar farms, the City will be able to generate all electricity for its facilities through solar energy. Getschow stated the City continues to invest in housing, and the Housing Task Force started up this year. Freiberg asked whether the proposed HRA revenue amount is consistent with previous years. Getschow indicated it is consistent with previous years, because this amount is based on the designated levy. Aho added housing inspection costs are offset by fees. Getschow indicated changes in the budget for staffing costs is driven by the three (3) elections in 2020, staffing changes, and pay raises for staff. Aho stated some Councilmembers have received citizen comment police officers need to be added for the Southwest Light Rail Transit stations. Weber indicated Metro Transit is already planning to provide some of their own security forces, but the City wants to leverage its partnership with them. He plans to talk with their Chief on this matter. Nelson expressed doubt there will be an influx of crime because of the arrival of the light rail. Getschow provided an overview of the general fund revenue budget, noting the City’s percentage of intergovernmental revenue is lower than of most other cities. The City projects its building permit revenue conservatively, despite the surge of permits in 2018. Additionally, cable companies are looking for ways to give less money to cities, in part because many people are getting rid of cable television. Getschow then gave a general fund revenue breakdown by department. Freiberg asked for clarification as to whether Administration expenses are up solely because of the 2020 elections. Getschow stated expenses are up because of both the elections and because of pay increases for staff. Getschow also noted while the City always strives to maintain low taxes, budget changes and levy changes have fluctuated over the years. There have been some years where the budget changed more than the levy, and vice versa. Aho pointed out new, incoming developments will bring in additional property taxes and property value, though the amount of taxes generated varies by development type. Getschow added the City has had a good property City Council Workshop Minutes June 18, 2019 Page 3 value run for eight (8) or nine (9) years. This has contributed to the City’s value, which will surpass $11 billion in 2020. At the same time, the City’s debt is not increasing. Getschow closed by highlighting upcoming dates for the 2020-2021 budget development process. II.HENNEPIN COUNTY COURT PRESENTATION Chief Judge Ivy Bernhardson introduced herself and provided a handout summarizing theHennepin County Court’s activities. The Hennepin County Court is in the process of going tosuburban cities and providing a face-to-face introduction to City Councils. She outlined thecourt’s mission, personnel structure, and divisions. The majority of their work is criminal, as approximately 88% of the filings they receive fall in this category. As such, she noted judges start with misdemeanor criminal cases and branch out from there. Bernhardson then provided a brief history of the federal and state court systems, and thevision for courts in Minnesota. Bernhardson noted Hennepin County has an electronic system which makes it so policeofficers don’t have to go to judge’s houses in the middle of the night to get a search warrant,which provides expedition and convenience. Furthermore, there are over one hundred (100)translation languages available in the courts. However, access to justice cannot be provided without funding. Aho inquired as to whether funding for the courts is keeping pace with demand and needs.Bernhardson indicated since the tenure of Governor Mark Dayton, court staff and judgeshave gotten consistent and equal percent raises. However, the courts did not get the full requested amount of funding for cybersecurity. Aho asked for clarification as to whether the county currently has sixty-three (63) judgeseats. Bernhardson confirmed there are sixty-three (63) Hennepin County judges. The needfor judges is in part driven by the state-high amount of murder cases, which take approximately two (2) to four (4) weeks. Narayanan asked whether the number of opioid cases the court is hearing has increased.Bernhardson confirmed there have been more opioid related cases recently, but qualifiedaddiction in general continues to be an issue. Nelson followed this up by asking whether cases regarding mental health are also increasing. Bernhardson indicated this may be the case, but it can be hard to tell when there is overlap between mental health and drugaddiction. Aho inquired as to whether there is a court designated specifically for drug-relatedcases. Bernhardson confirmed there is a drug court, but noted it is exclusively for high-riskpeople. Open Podium - Council Chamber (6:30) III.OPEN PODIUM IV.ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JULY 12, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark Freiberg, P G Narayanan, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II.PLEDGE OF ALLEGIANCE III.OPEN PODIUM INVITATION IV.PROCLAMATIONS / PRESENTATIONS A. HENNEPIN COUNTY COMMISSIONER DEBBIE GOETTEL Hennepin County Commissioner Debbie Goettel gave a PowerPoint presentation of some of the County programs and projects that affect Eden Prairie. She reviewed highlights of County development grants Eden Prairie has received including the Good Steward grant for improving water quality, the Tree Canopy grant for tree canopy improvements, and a youth sports grant to replace the existing community center/picnic shelter at Staring Lake Park. She said they have made available to all cities in Hennepin County a spreadsheet listing all the County grants. The Flying Cloud Drive reconstruction is proceeding and is expected to be completed this fall. The County’s highway cost participation policy has been rewritten to be clearer. Construction has begun on the Southwest Light Rail which will connect people with opportunities for housing, jobs and recreation in Eden Prairie. The Eden Prairie Library improvements are on track and are expected to be completed in September or sooner. She reviewed handouts available from the County for the 2019 Hennepin County and District 5 budgets, affordable housing and a bike map of the County. Case asked Lotthammer if we are applying for all the sports grants possible. Lotthammer responded we have applied for many of the grants. ITEM NO. VI.B. CITY COUNCIL MINUTES July 16, 2019 Page 2 B. HENNEPIN COUNTY SHERIFF DAVID HUTCHINSON Hennepin County Sheriff David Hutchinson thanked the Council for the opportunity to be at the meeting and thanked Chief Weber for his years of service to the City and Hennepin County. Sheriff Hutchinson said he took office in January, 2019. He reviewed the names and roles of administrative personnel in his office. He noted his office has involvement in the many communities included in the County through the Community Outreach Team. C. ACCEPT DONATION OF HISTORIC FARM EQUIPMENT FROM DOUG SCHMIDT (Resolution No. 2019-74) Lotthammer said Doug Schmidt has offered to donate historic farm equipment to be displayed at historic sites within the city. The Historic Preservation Commission reviewed the equipment and recommended accepting the corn planter, John Deere mower, dump rake and ax grinder. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2019-74 accepting the donation of Historical Farm Equipment from Doug Schmidt. Motion carried 5-0. D. ACCEPT DONATION OF $3,400 FOR HOMETOWN CELEBRATION (Resolution No. 2019-75) Lotthammer said a few Eden Prairie businesses donated towards the July 3rd and 4th Celebration, amounting to $3,400 in total. MOTION: Nelson moved, seconded by Narayanan, to adopt Resolution No. 2019-75 accepting the donation of $3,400 from various donors to go towards the July 3rd and 4th Hometown Celebration. Motion carried 5-0. E. ACCEPT DONATION OF $500 FROM DREAMWORKS FOR MOVIES IN THE PARKS (Resolution No. 2019-76) Lotthammer said each summer Parks and Recreation offers a series of three free movies at the Staring Lake Amphitheatre. Dreamworks has donated $500 for the movie series. MOTION: Freiberg moved, seconded by Aho, to adopt Resolution No. 2019-76 accepting the donation of $500 from DreamWorks to go towards the Movies in the Parks. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said the Castle Ridge development was added to the agenda as Item VIII.P. and is printed on goldenrod paper for tonight’s meeting. Case added Items XIV.A.1, and 2. Rosow added Item XIV.H. CITY COUNCIL MINUTES July 16, 2019 Page 3 MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 18, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 18, 2019 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council Workshop held Tuesday, June 18, 2019, and the City Council meeting held Tuesday, June 18, 2019, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. FOUNTAIN PLACE by Cushman & Wakefield. Second reading of Ordinance 14- 2019-PUD-8-2019 for PUD District amendment on 12.43 acres; Resolution 2019-77 for Site Plan review on 12.43 acres (Ordinance No. 14-2019-PUD-8-2019 for Zoning District Amendment; Resolution No. 2019-77 for Site Plan) C. CODE AMENDMENT FOR SOLAR by City of Eden Prairie. Second reading of an ordinance to amend City Code Chapter 11 relating to solar systems as a permitted accessory use (Ordinance No. 15-2019; Resolution No. 2019-78 for Summary Ordinance) D. APPROVE ENCROACHMENT AGREEMENT WITH METROPOLITAN COUNCIL FOR SWLRT SOUTHWEST STATION E. AWARD CONTRACT TO CORRECTIVE ASPHALT MATERIALS TO APPLY REJUVENATING AGENTS TO CITY STREETS F. REJECT BID FROM EUREKA CONSTRUCTION, INC. FOR TC&W RAILROAD CROSSING SAFETY IMPROVEMENT PROJECT G. APPROVE AGREEMENT WITH HANSEN THORP PELLINEN OLSON, INC. (HTPO) FOR CONSTRUCTION SURVEYING SERVICES FOR DRINKING WATER STORAGE RESERVOIR AND PUMP STATION H. APPROVE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES WITH HANSEN THORP PELLINEN OLSON, INC. FOR DEERFIELD TRAIL IMPROVEMENTS CITY COUNCIL MINUTES July 16, 2019 Page 4 I. REJECT BIDS FOR CITY YARD WASTE DROP OFF IMPROVEMENT PROJECT J. STANDARD SMALL WIRELESS FACILITY COLLOCATION AGREEMENT WITH VERIZON WIRELESS LLC K. APPROVE TRANSFER OF RETIRED CANINE TO OFFICER L. ADOPT RESOLUTION NO. 2019-79 AND FINDINGS DENYING A THERAPEUTIC MASSAGE ENTERPRISE LICENSE TO ROYALTY LLC D/B/A JF SPA AND MASSAGE THERAPIST LICENSES TO GUIRONG YE AND KE SUN M. APPROVE CHANGES TO EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION BYLAWS N. APPROVE AGREEMENT WITH TYLER TECHNOLOGIES FOR UPGRADES TO NEW WORLD SHIELDFORCE AND WEB CAD MONITOR O. ADOPT RESOLUTION NO. 2019-80 IN SUPPORT OF LIVABLE COMMUNITIES DEMONSTRATION ACOUNT GRANT APPLICATION P. CASTLE RIDGE by Senior Housing Partners. Second reading of Ordinance. for PUD District review with waivers on 19.75 acres and Zoning District change from C-COM to RM-2.5 on 1.33 acres and from RM-2.5 to C-COM on .13 acres; Resolution for site plan review on 6.94 acres (Ordinance No. 16-2019-PUD-9-2019 for Zoning District Change; Resolution No. 2019-84 for Site Plan) Freiberg asked for clarification of the rejected bids in Item I. Ellis explained the bids received were rejected because the two bids were much higher than the engineer’s estimate. The labor market is very tight, so bids are coming in extremely high. We will rebid them later in the year. Aho asked for some discussion regarding Item P. Getschow said the development agreement was prepared, and we were able to include it on tonight’s agenda. Rosow reported they worked through the details of the language with the developer and were able to get what we needed in time for this meeting. MOTION: Narayanan moved, seconded by Aho, to approve Items A-P on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. SHELDON PLACE by Schaefco Development, LLC. Resolution for PUD concept review on 1.01 acres; First reading of an ordinance for PUD District review with CITY COUNCIL MINUTES July 16, 2019 Page 5 waivers and Zoning District change from Rural to RM-6.5 on 1.01 acres; Resolution 2019-81 for PUD concept; Resolution 2019-82 for Preliminary Plat of one lot into eleven lots on 1.01 acres (Ordinance for Zoning District Change; Resolution No. 2019-81 for PUD Concept; Resolution No. 2019-82 for Preliminary Plat) Getschow said the applicant is proposing to build ten townhome units at 7960 Eden Prairie Road. The 1.01-acre property is located on the west side of Eden Prairie Road, approximately ½ mile south of Highway 5. The site was formerly occupied by Gunnar Electric. There is an office building, shop building, and a number of sheds on the property. The applicant is proposing two 3-unit buildings at the north and south ends of the property and two 2-unit buildings along the west side of the property. Access to the site will remain in its current location across from Glory Lane. The buildings are proposed at 2 1/2-stories, and each unit is proposed at approximately 3,440 square feet with a two car garage and two additional covered parking stalls for guests in front of the garage. The units consist of a lower level, a main level with living space and an upper level. Tim Brown, Vice President of Schaefco Development, gave a PowerPoint presentation about the project, which is a ten-unit townhome project on about one acre of land on Eden Prairie Road. He noted it is a challenging site on which to build. It is currently zoned rural and would be changed to RM-6.5 if the development is approved. He reviewed the goals of the infill development, including mitigating the current non-conforming structures on the site. There will be screening along Eden Prairie Road. The townhomes will be designed to include an elevator. There will be an underground stormwater infiltration system, wiring for optional charging stations and additional pre-wiring in the parking area for guests. Over 70% of the demolition materials will be recycled, and the development will connect to the nearby trails. He noted City Code requires a front building setback of 30 feet: however, they are requesting a front building setback of 20 feet in order to fit the buildings into the long, narrow lot. Narayanan commented it was great to see the provision for charging stations and other environmentally friendly items. He asked about the existing trees on the property. Brown replied there are a number of large trees on the site, and one heritage tree will be removed. They tried to save as many of the trees as possible. Narayanan then asked if they received any feedback from the neighborhood. Mr. Brown replied most of the feedback received at the neighborhood meeting was very positive. One of the questions was regarding the height of the buildings. The height will be very similar to the neighboring buildings. Narayanan asked if the traffic impact was studied. Mr. Brown responded they have a traffic memo prepared, and there will not be a substantial impact on Eden Prairie Road. Freiberg noted this is an impressive proposal with many amenities. He was concerned about the setback because the setbacks for the project just to the south of this look very tight to the road. He was concerned this project will have the same look. He understood this project presented challenges, but he did have concerns about the CITY COUNCIL MINUTES July 16, 2019 Page 6 appearance from Eden Prairie Road. Aho asked how close the current building is to the road because it looks closer than 20 feet. He thought this project will be an improvement over the current site. Mr. Brown replied there will be landscape screening for the two units that have sides facing Eden Prairie Road which will provide screening and act as a sound barrier. Nelson liked the landscape plan and the creative design of the project, although there will be a lot of clean up to do on the site. She asked if they considered providing for solar or having solar compatibility on the roofs. Mr. Brown replied they considered compatibility for solar but chose not to include that. Nelson commended the developer on designing with elevators to provide for multi-generations. She asked what happens if the purchaser does not want an elevator in their unit. Mr. Brown replied the elevator will be put in if it is wanted. If it is not wanted, it will be framed around and made into a closet. Case asked about the concerns regarding buried gas tanks. Mr. Brown replied the gas tank was removed with the reconstruction of Eden Prairie Road. There are two old auto repair pits on the site that were checked for contamination. The tests showed a low level of contamination. His company’s environmental consultant will be testing the residual material at the time they excavate to determine what is there and how to dispose of it. Case said he went out to see this development today and noticed there is a wooden fence there and a white vinyl fence on the neighborhood on the south. He asked that they planned to do about the fence. Mr. Brown said the wooden fence that is partially on the property will be removed and replaced with landscaping material. They do not plan to build additional fencing. There were no comments from the audience. MOTION: Aho moved, seconded by Narayanan, to close the public hearing; to adopt Resolution No. 2019-81 for Planned Unit Development concept review on 1.01 acres; to approve first reading of the ordinance for a Planned Unit Development District review with waivers on 1.01 acres and a Zoning District change from Rural to RM- 6.5 on 1.01 acres; to adopt Resolution No. 2019-82 for a preliminary plat of one lot into 11 lots on 1.01 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. B. VACATION OF EDEN BLUFF HIGHLANDS DRAINAGE AND UTILITY EASEMENTS (Resolution No. 2019-83) Getschow said the property owners have requested the vacation of all drainage and utility easements to facilitate the plat of Eden Bluff Highlands 5th Addition for parking lot expansion. He said the telephone company has raised an objection; therefore, the approval of this vacation is predicated on that objection being taken care of. CITY COUNCIL MINUTES July 16, 2019 Page 7 There were no comments from the audience. MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing and to adopt Resolution No. 2019-83 vacating drainage and utility easements. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Nelson, 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 1. Fourth of July Celebration—Mayor Case Case thanked Lori Brink and all the staff members and volunteers who brought together the celebration for the Fourth of July. He believed this year there were more large groups of people in all of the areas, not just by the stage. Lotthammer said there were more people attending than in the past. In addition, a lot of people congregated along the side of Valley View Road and in people’s back yards. Case said it was a phenomenal day, and it is a great thing to bring people into the City. He heard comments from people that don’t live here about what a great celebration it is. He suggested the potential of having a parade and a band performance to kick start the celebration. The School District and the Chamber of Commerce could be included. We could tie the event into Sustainable Eden Prairie by requiring vendors to use organically recyclable materials. He also thanked the approximately 40 City staff members who volunteered at the Air Expo last weekend. 2. Security Concerns—Mayor Case Case said he attended the U.S. Conference of Mayors with mayors from large cities and other cities our size, and everyone was talking about the need for security. Here in Eden Prairie there is a component of security needed for CITY COUNCIL MINUTES July 16, 2019 Page 8 people meeting in the Council Chamber and at reception areas. He asked staff to bring back ideas of what other cities are doing about such concerns and to include ball park costs for upgrading security. He noted security concerns were a key component of the recent School District referendum. The other Council Members concurred. B. REPORT OF CITY MANAGER 1. Abandoned Homes Report Getschow said Kevin Schmieg, Building Inspections Manager, will update the Council on the abandoned and vacant properties in the City as the Council requested at the last meeting. Schmieg gave a PowerPoint presentation that reviewed the definitions of abandoned and vacant properties. He noted there is no State law or ordinance that requires a repository or registration for vacant homes in Eden Prairie. Staff becomes aware of such properties either as a result of a complaint or when a prospective buyer comes in and reports it. City building inspectors drive by and look for safety issues at the properties. Schmieg reviewed the list of vacant and abandoned properties in the City, three of which are known to be abandoned properties. He said some have outstanding orders on the property, and some of them have been sold. One on the list has been renovated and is for sale. The City pursues maintenance violations on a complaint basis only, and our only proactive action is by the fire inspectors. Within 24 hours of a complaint being filed, staff goes out to inspect the property to see if there is a safety concern or if violations exceed the limit. Some violations that will be referred to other areas of the City. There are three primary departments that work on property maintenance issues: Parks, Building Inspections and Zoning. Case asked what would happen if an abandoned house was reported to be dangerous. Schmieg replied there would need to be an inspection warrant, and there would need to be someone who has seen the violation. Nelson said she assumed we are not referring to someone who has the home for sale but whose yard is maintained. Schmieg replied there are different types of vacancies. Most properties owned by snow birds are maintained. He reported there are zoning violations that occur, and we had 173 such violations in 2018 with 19 citations given. There were 62 tall grass and weed violations in 2018 with 12 citations given. There are currently outstanding orders for exterior maintenance on 14 properties. Schmieg reviewed the types of violators: those who do not have the financial wherewithal to make repairs; those who don’t realize there is a problem; CITY COUNCIL MINUTES July 16, 2019 Page 9 procrastinators; those who do not care and are unwilling to comply; and developers. He said there are a number of enforcement tools available to the City: explaining the rehabilitation loan program; explaining the problem to the property owner and the importance of fixing it; an order that is followed by the threat of a citation; and issuing a citation. In addition, in extreme circumstances if there is a threat to community safety, Chapter 463 is used to order an abatement of the hazard (condemnation). Freiberg asked if all the taxes have been paid on the three abandoned properties Mr. Schmieg mentioned. Schmieg replied the taxes have been paid on those. Freiberg said our level of concern as a Council is our responsibility to preserve the value of property within the City. He could not see how an abandoned property would not be hazardous to kids. He believed we should never be afraid to enforce our ordinances if it makes sense. If nothing is done, the property will continue to deteriorate. Case said he appreciates we have this process. He noted the abandoned property on Kristie Lane has been abandoned for at least 5-7 years. The one across from CMS has been abandoned for at least ten years. At some point we need stronger ways to move on these houses. It is frustrating to hear the same complaints year after year at the National Night Out event. He encouraged staff to bring these forth because we need our housing stock to be in as good shape as possible. He suggested we may need to review our ordinance to see if we can strengthen it so we do not have a situation where a house has been abandoned for many years. Nelson agreed with Mayor Case and thought there should be a rule regarding the period of time a house can remain boarded up before it is fixed. Such properties are not fair to the neighborhoods. Rosow said staff could look at the ordinance and incorporate some of the suggestions made. We don’t have authority to tell the property owner to inhabit the house or take it down. State law says they must remove hazardous conditions. Staff can also look at the exterior maintenance code and possibly adopt some provisions from other communities. Case asked how we would go about investigating an abandoned house where there is something wrong inside the house. Rosow replied we need to gather evidence of the problem and petition a judge to grant a search warrant to go into the house. Sometimes neighbors or social service agencies can provide an affidavit of the problem. He said the City can assess for the work done under Chapter 463. Schmieg noted the property on Kristie Lane has been sold, and they have received permits to renovate the house. Case thanked Mr. Schmieg for his good work and dedication. CITY COUNCIL MINUTES July 16, 2019 Page 10 C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR 1. Oak Point Elementary School Site Plan Early Land Alteration Permit Jeremiah said the School District has submitted an application for a site plan approval and a variance to add an 85-stall parking lot to the Oak Point Elementary School. The Planning Commission recommended approval of the site plan at their meeting. A public hearing will be held before the Council on August 14; however, due to timing the School District has requested a land alteration permit in advance of the public hearing and at their own risk. Jay Pomeroy, representing Anderson-Johnson Associates, gave a PowerPoint presentation of the proposal. He said they looked at several solutions to infiltrate stormwater on the property and decided it was best to have an above ground, shallow infiltration basin. The variance will allow them to increase the hard surface area and to add a new parking lot to the west of the current parking. Nelson agreed there is a need for more parking there, and that has been true for the last 20 years. She asked if there will still be playground space for the children. Mr. Pomeroy replied the playground was expanded to the north of the basin, and there will be a multi-purpose area for programs on the fields. Aho said it is clear we need more parking at the school, but he was concerned if there is enough room for kids to play. Narayanan asked if they considered installing car charging stations. Mr. Pomeroy replied they have not. Narayanan then asked if those could be added in the future. Mr. Pomeroy was not sure if they could be added. Case said he was concerned about the proper role of the Council interfacing with the School District, although we are asked to weigh in on the project. In the years he worked at the school, it was an Intermediate School. He understood there are Minnesota State guideline policies for playground footage. During the years he was there the facility was under the limits, and they are now planning to take out 50% of the open space. He asked if this has been vetted with the parents, the PTOs, and the School Board. He was somewhat surprised this much playground space is being removed. Jason Mutzenberger, Executive Director of Business Services for Eden Prairie Schools, said the School Board, staff and PTO’s believe there is an overwhelming need for additional parking. They struggle with traffic flow on certain days. Case agreed parking has been a problem since 1990. He asked if there is room to punch more parking into the hillside. As a former teacher he had to express his concerns about taking the playground area. CITY COUNCIL MINUTES July 16, 2019 Page 11 Getschow said the request is to authorize the issuance of an alteration permit, and the project will come back at the public hearing in August. Case asked if staff and the proponent looked at a NURP pond that would not take up as much land. Mr. Pomeroy said they did look at that, but they need to meet the required infiltration level and a NURP pond was not an option. MOTION: Aho moved, seconded by Narayanan, to authorize the issuance of an early land alteration permit for the Oak Point Elementary School at the request of the developer. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Columbarium Concept Plan Lotthammer gave a PowerPoint presentation about the concept of constructing a columbarium at Pleasant Hills Cemetery. He said Pleasant Hill Cemetery is owned by the City of Eden Prairie and is located near Pax Christi church. The corner to be used for the columbarium is an empty area of the cemetery on the southwest corner. The columbarium would have 96 companion niches and the ossuarium would have 245 spaces. There is space for two additional columbariums to be built if there is a need at a later date. He noted there is a trend towards cremation rather than casket burial. He reviewed the cost comparisons for the columbarium. Aho asked if the costs proposed for the columbarium covers the construction costs to build the facility. Lotthammer replied the funding source would be the cemetery fund, 20% of which goes into future improvements. The proposed cost for individuals to purchase a niche in the columbarium would be $500 to buy a niche and $300 for the ossuarium space. The funding proposed will eventually pay back the costs. Aho asked if we have had any requests from residents who are looking for this sort of facility. Lotthammer responded we do have people asking us about an above ground burial. Freiburg asked if we are just being proactive with this or what has prompted this project right now. Lotthammer replied we are looking at the future and looking at how things have changed. People are wanting to be cremated. It also helps to extend the capacity and density of the cemeteries. Nelson liked the idea and the fact that two more columbarium structures could be added if needed. The costs of this cemetery are good compared to others in the Twin Cities. If, as predicted, in ten years 30% of our population will be seniors, this provides an affordable option for most people. It is a good thing to plan for this. CITY COUNCIL MINUTES July 16, 2019 Page 12 Lotthammer said the next step would be to do a detailed design and bring that back with costs and pricing. Case explained the Pleasant Hills Cemetery belonged to the Presbyterian Church in the 1800’s. It fell into our hands when the church was no longer able to afford to maintain the facility. He noted there is another cemetery in town that has stayed privately owned. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY Rosow said he recently traveled to Stockholm, Sweden, and visited their City Hall. The City Hall is a wonderful facility where many of the Nobel Prizes are handed out. He said he presented one of the Eden Prairie Police and Fire challenge coins to Stockholm officials and purchased a Stockholm coin during his visit. He presented the Stockholm coin to Mayor Case. Case thanked Mr. Rosow and noted the Eden Prairie police medal is a very impressive piece. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 9:06 p.m. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 13, 2019 DEPARTMENT/DIVISION: Christy Weigel, Police/ Support Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: VIII.A. These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Temporary Liquor Organization: Eden Prairie Noon Rotary Event: Arts in the Park Date: September 21, 2019 Place: Purgatory Creek Park 13001 Technology Drive CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 13, 2019 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Beth Novak-Krebs ITEM DESCRIPTION: Sheldon Place Townhomes ITEM NO.: VIII.B. Requested Action Move to: • Approve the 2nd Reading of the Ordinance for a Planned Unit Development District Review with waivers on 1.01 acres and a Zoning District Change from Rural to RM-6.5 on 1.01 acres • Adopt a Resolution for a Site Plan Review on 1.01 acres • Approve the Development Agreement for Sheldon Place Townhomes Synopsis This is the final approval for the Sheldon Place Townhomes. The proposed project includes 10 townhome units at 7960 Eden Prairie Road. The 1.01-acre property is located on the west side of Eden Prairie Road approximately ½ mile south of Highway 5. Access to the site will remain in its current location across from Glory Lane. The buildings are proposed at 2 1/2-stories and each unit is proposed at approximately 3,440 square feet with a two car garage and two additional covered parking stalls for guests in front of the garage. In addition to the parking stalls in front of the two car garages, the proposed plan include 5 surface parking stalls for visitors. The proposal includes a pedestrian connection to the trail along Eden Prairie Road and a semi- circular seating area next to the sidewalk as a small gathering area for residents. Background The 120-day review period expires on August 26, 2019. Attachments 1. Ordinance for PUD and Zoning District Change 2. Resolution for Site Plan Review 3. Development Agreement SHELDON PLACE TOWNHOMES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 17-2019-PUD-10-2019 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 Rural Zoning District and be placed in the RM-6.5 Zoning District as noted in Exhibit A 17- 2019-PUD-10-2019 (hereinafter "PUD-10-2019”). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of August 13, 2019 entered into between Schaefco Development, LLC, and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-10-2019, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-10-2019 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-10-2019 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-10-2019 are justified by the design of the development described therein. D. PUD-10-2019 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural and placed in the RM-6.5 Zoning District respectively as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-_-2019- and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of July, 2019, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 13th day of August, 2019. ATTEST: __________________________________ ___________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on__________________, 2019. EXHIBIT A Rural to RM-6.5 on 1.01 Acres Legal Description Prior to Final Plat: The North 20 rods of the South 42 rods of the East 10 rods of Government Lot 3, Section 17, Township 116 North, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota Legal Description After the Final Plat Lots 1-11, Block 1, Sheldon Place, Hennepin County, Minnesota SHELDON PLACE TOWNHOMES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. __-2019-PUD-__-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at7960 Eden Prairie Road within the RM-6.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: __________________________ ________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on ______________________, 2019. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A Legal Description Legal Description Prior to Final Plat: The North 20 rods of the South 42 rods of the East 10 rods of Government Lot 3, Section 17, Township 116 North, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota Legal Description After the Final Plat Lots 1-11, Block 1, Sheldon Place, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR SHELDON PLACE TOWNHOMES BY SCHAEFCO DEVELOPMENT, LLC WHEREAS, Schaefco Development, LLC, has applied for Site Plan approval of Sheldon Place Townhomes to construct 10 townhome units on the site, by an Ordinance approved by the City Council on August 13, 2019; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its June 10, 2019 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its July 16, 2019 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to Schaefco Development, LLC based on the Development Agreement between Schaefco Development, LLC and the City of Eden Prairie, reviewed and approved by the City Council on August 13, 2019. ADOPTED by the City Council of the City of Eden Prairie this 13th day of August, 2019. _______________________ Ronald A. Case, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: 08/13/19 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Julie Klima ITEM DESCRIPTION: Extension of an Approved Preliminary Plat for Eden Heights East ITEM NO.: VIII.C. Requested Action Move to: Adopt the Resolution for an extension of an approved Preliminary Plat for Eden Heights East. Synopsis The applicant is requesting approval of an extension of the approved preliminary plat for Eden Heights East in accordance with the Subdivision Regulations. The preliminary plat was approved in 2014 and an extension was granted to that approval in 2017, but the final plat was not approved within the timeframe established in the Regulations. The applicant is not proposing any changes to the approved plat, but simply wants to extend the exact plat that was previously approved. Given there are no changes being proposed, the request to extend the approved plat is a reasonable request. Staff recommends that the Council grant a two year extension of the approved preliminary plat. If the extension is approved, the preliminary plat approval would extend to August 13, 2021. Background The preliminary plat for Eden Heights East, which divides 1.7 acres into 4 lots was approved on July 14, 2014. However, the final plat was not approved within the timeframe established in the Code. Chapter 12, Section 12.04 Subd. 6. requires a final plat to be approved within two years of the approval of the preliminary plat, but allows the Council to grant a requested extension to an approved preliminary plat. In September 2017, the City Council approved a 2 year extension to the preliminary plat approval. The current approval period for the preliminary plat is valid through September 19, 2019. With no changes being proposed to the Eden Heights East plat, there is not a need to have the applicant go through the full process again. An extension will allow the applicant to continue marketing the property before moving forward with a final plat. The final plat must conform to the approved preliminary plat. If the final plat is substantially different than the approved preliminary plat, a revised preliminary plat will have to be approved through the full process before the final plat can be approved. Attachments 1. Resolution 2. Letter from Applicant 3. Location Map 4. Approved Preliminary plat 5. Approved Site Plan CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-___ RESOLUTION APPROVING AN EXTENSION OF THE APPROVED PRELIMINARY PLAT FOR EDEN HEIGHTS EAST FOR TWO YEARS. THE PRELIMINARY PLAT APPROVAL SHALL BE EXTENDED UNTIL AUGUST 13, 2021 BE IT RESOLVED, by the Eden Prairie City Council as follows: That an extension of the approved preliminary plat of Eden Heights East, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved for two years. The Preliminary Plat approval shall be extended until August 13, 2021. ADOPTED by the Eden Prairie City Council on the 13th day of August, 2019. __________________________ Ronald A. Case, Mayor ATTEST: __________________________ Kathleen Porta, City Clerk GOULD RD HILLTOP RD VALLEY RD S E R E N I T Y L N SYLVAN R DGAZALEA TRLD RESSENCIRSUTTON DRPALMETTO DRCOVEPOI NT E R D CORRAL LN GAT E W AYLN HARROW WAYSITE Pioneer Trail Eden Prairie Road ¯ Area Location Map - Eden Heights East South of Pioneer Trail & West of Eden Prairie RoadEden Prairie, MN 55347 0 410 820205 Feet HWY 5 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 13, 2019 DEPARTMENT/DIVISION: Community Development/OHCS Janet Jeremiah/Jonathan Stanley ITEM DESCRIPTION: Approve LCDA Grant from Metropolitan Council and Loan Agreement to CB Eden Prairie Housing Limited Partnership for Trail Pointe Ridge ITEM NO.: VIII.D. Requested Action Move to: • Approve the LCDA Grant Agreement with the Metropolitan Council and the Loan Agreement with CB Eden Prairie Housing Limited Partnership for Trail Pointe Ridge; and • Authorize the Mayor and City Manager to execute the agreements and all related documents Synopsis The Metropolitan Council awarded the City a grant from the Livable Communities Demonstration Account (LCDA) in the amount of $903,635 for the Trail Pointe Ridge project. The LCDA programs require that the local municipality serve as the grantee. The City then enters into the Loan Agreement with the owner, CB Eden Prairie Housing Limited Partnership for use on the Trail Pointe Ridge project. The City applied for the grant on behalf of CommonBond Communities and was successful in its application for funding. The ownership of the property has been transferred to CB Eden Prairie Housing Limited Partnership. The $903,635 grant to the City will be provided to CB Eden Prairie in the form of a loan. The funds will assist the developer to pay the costs of stormwater management, certain architectural and engineering fees, site acquisition, and site preparation including demolition, grading, and soil correction. Attachments LCDA Grant Agreement Loan Agreement 1 LOAN AGREEMENT THIS LOAN AGREEMENT (the “Agreement”) is made and entered into this [_______] day of [____________] 2019 (“Effective Date”) by and between CITY OF EDEN PRAIRIE , MINNESOTA, , municipal corporation, and political subdivision duly organized and existing the laws of the State of Minnesota (the “City”), and CB EDEN PRAIRIE HOUSING LIMITED PARTNERSHIP, a Minnesota limited partnership (the “Borrower”). WITNESSETH: WHEREAS, the Borrower intends to develop approximately 58 affordable apartment units to be located at or about 16397 Glory Lane, Eden Prairie Minnesota (the “Project”) on property legally described on EXHIBIT D attached hereto (the “Property”); and 1.01. WHEREAS, to assist with the costs of the Project, the City, on behalf of the Borrower, applied for and received a Livable Communities Demonstration Account (LCDA) grant in the total sum of $903,635.00, which will be allocated to the Project (the “LCDA Grant”), from the Metropolitan Council (“Council”) in connection with the Council’s Transit Oriented Development (TOD) Program; and WHEREAS, on November 28, 2018 the Council and the City entered into a Metropolitan Livable Communities Act Grant Agreement, with an expiration date of [December 31, 2021] (“Grant Agreement”) attached hereto as EXHIBIT B; and WHEREAS, the proceeds of the LCDA Grant may be used for eligible project components of the Project to be constructed on the Property, as set forth in EXHIBIT A attached hereto and as further described in the Grant Agreement (the “Grant-Eligible Activities”), which amounts may be reallocated pursuant to Section 2.09 of the Grant Agreement; and WHEREAS, the City desires to loan the proceeds of the LCDA Grant to the Borrower to provide financing for the Grant-Eligible Activities on the terms and conditions contained in this Agreement; and WHEREAS, the City believes that the development of the Project, and fulfillment generally of this Agreement, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State of Minnesota and local laws and requirements under which the Project has been undertaken and is being assisted; and WHEREAS, the City and the Borrower desire to enter into this Agreement for the purpose of setting forth their respective responsibilities with respect to the loan of the LCDA Grant. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 2 ARTICLE I DEFINITIONS As used in this Agreement, the following terms shall have the following meaning: Borrower Documents: any and all documents and instruments in connection with the Project as reasonably requested by the City. Disbursement Request Form: the form, substantially in the form attached hereto as EXHIBIT C, to be submitted to the City when a disbursement of the Loan is requested and which is referred to in Article VI hereof, together with such other request forms as may be reasonably required from the Council and the City. Grant-Eligible Activities: the activities on the Property funded in full or in part by the LCDA Grant, as set forth in EXHIBIT A and set forth in the Grant Agreement. Project: has the meaning set forth in the sixth recital above. Loan: the sum of $903,635.00 to be loaned by the City to the Borrower under this Agreement. Loan Documents: collectively, this Agreement, the Mortgage, and the Note. Mortgage: the Combination Mortgage and Security Agreement of even date herewith from the Borrower to the City securing repayment of the Note in the form approved by the City. Note: the Note of even date herewith from the Borrower to the City in the amount of the Loan evidencing Borrower’s obligation to repay the Loan in the form approved by the City. Plans and Specifications: the final plans and specifications for the construction and installation of the Grant-Eligible Activities. Project Costs: the costs of the Grant-Eligible Activities eligible to be reimbursed with the proceeds of the LCDA Grant under the Grant Agreement and as authorized by law. Grant Agreement Definitions: The definitions set forth in the Grant Agreement shall apply to this Loan Agreement to the extent applicable. ARTICLE II TERM OF AGREEMENT This Agreement shall take effect and be in force from and after the Effective Date, and shall remain in effect until the Borrower has performed all of its obligations under this Agreement, the Loan Documents, and the Grant Agreement, unless earlier terminated as provided in this Agreement or the Grant Agreement. 3 ARTICLE III THE LOAN Subject to the terms and conditions of this Agreement, the City will make the Loan to the Borrower to be used for payment of Project Costs, which Loan shall be disbursed pursuant to this Agreement. In consideration for the Loan, the Borrower agrees to perform all of their obligations under this Agreement. The Loan shall be evidenced by the Note payable by the Borrower to the Lender which shall be dated as of the date of closing on the Loan (the “Loan Closing Date”). Proceeds of the Loan shall be disbursed in accordance with Articles V and VI hereof. ARTICLE IV STATEMENT OF WORK The Borrower shall construct all improvements described on EXHIBIT A at the Property in accordance with the terms set forth herein. In accordance with the Grant Agreement, the Borrower will commence construction of the Grant-Eligible Activities and pay the Project Costs prior to [December 31, 2021]. ARTICLE V CONDITIONS OF DISBURSEMENT The obligation of the City to make or cause to be made disbursements of the proceeds of the Loan pursuant to Article VI hereof shall be subject to the conditions precedent that it shall have received on or before the date of the disbursement hereunder the following: a. the Borrower Documents, the Mortgage, and the Note, duly executed and delivered by the Borrower; b. evidence satisfactory to the City that the Grant-Eligible Activities and the construction and contemplated use thereof are permitted by and comply in all material respects with all applicable restrictions and requirements in prior conveyances, zoning ordinances, subdivision and platting requirements and other laws and regulations; c. all other conditions specified in the authorizing City resolution and the Grant Agreement shall have been duly satisfied by the Borrower or waived in writing by the City or the Council, as applicable; d. no uncured Event of Default (as defined in Article IX), and no event which with the giving of notice or the lapse of time or both would constitute an Event of Default, shall have occurred and be continuing and all representations and warranties made by the Borrower in Article VII hereof shall continue to be true and correct as of the date of such disbursement; 4 e. if required by the City, the City shall have been furnished with a statement of the Borrower and of any contractor, in form and substance acceptable to the City, setting forth the names, addresses and amounts due or to become due as well as the amounts previously paid to every contractor, subcontractor, person, firm or corporation furnishing materials or performing labor in connection with the construction of any part of the Grant- Eligible Activities; and f. the Borrower shall have provided to the City such documentation and information reasonably necessary to evidence its compliance with all of the provisions of this Agreement, including without limitation the provisions of the Grant Agreement applicable to the Borrower, as the City may reasonably request. ARTICLE VI [REQUESTS FOR DISBURSEMENT] 6.01. Disbursement. The City and the Borrower agree that, on the terms and subject to the conditions hereinafter set forth and the conditions set forth in the Grant Agreement, including the reallocation of Project Costs amongst the Grant-Eligible Activities pursuant to Section 2.09 of the Grant Agreement, the Loan shall be disbursed from the City to the Borrower, or the Borrower’s agent or designee, in disbursements, with the last disbursement being made upon one hundred percent (100%) completion of the Grant-Eligible Activities. Disbursements of the Loan shall not be made more often than monthly. Notwithstanding anything to the contrary contained herein, the City shall only be obligated to make the disbursements hereunder to pay Project Costs in an amount up to or equal to the lesser of the amount of the Loan or the amount actually disbursed by the Council to the City under the Grant Agreement and such obligation is further subject to the conditions of Article V hereof. 6.02. Disbursement Request. a. When the Borrower desires to obtain a disbursement of the Loan, the Borrower shall submit to the City, and the Council if required, the Disbursement Request Form, together with any additional documents required by the City or the Council, duly signed by the Borrower. The Disbursement Request Form shall be submitted by the Borrower at least thirty (30) days prior to the date of the requested disbursement. The Disbursement Request Form shall constitute a representation and warranty by the Borrower to the City that all representations and warranties of the Borrower set forth in the Borrower Documents are true and correct as of the date of such Disbursement Request Form, except for such representations and warranties which, by their nature, would not be applicable as of the date of such Disbursement Request. b. At the time of submission of the Disbursement Request Form, the Borrower shall also submit the following to the City: 5 1. a written lien waiver from the general contractor for work done and materials supplied by it which were paid or a conditional lien waiver from the general contractor for work done and materials supplied by it which are to be paid pursuant to the current Disbursement Request Form and from each subcontractor for work done and materials supplied by it which were paid or are to be paid for pursuant to the prior Disbursement Request Form; 2. evidence satisfactory to the City that the Grant-Eligible Activities completed as of the date of the Disbursement Request Form have been constructed in accordance with the Plans and Specifications in all material respects; 3. an executed Sworn Construction Statement, in form and substance acceptable to such parties, signed by the Borrower showing all costs and expenses of any kind theretofore actually paid or incurred in constructing the Grant-Eligible Activities; and 4. a certified statement of the Borrower reflecting the use to which the proceeds of the Loan have been applied in addition to those uses reflected in the Sworn Construction Statement referred to in (b)(3) above. c. Upon receipt of the Disbursement Request Form, if the City has determined that all the conditions set forth in Articles V and VI have been satisfied, a request for disbursement shall be submitted to the Council. The adequacy of the request for disbursement shall be determined by the City and the Council in their sole discretion. After submission of the Disbursement Request Form, if the Borrower has performed all of its agreements and complied with all requirements to be performed or complied with under this Agreement and the Grant Agreement, including satisfaction of all applicable conditions precedent contained in Article V hereof, the City shall make a disbursement to the Borrower, or the Borrower’s agent or designee, in the amount of the requested disbursement or such lesser amount as shall be approved, within forty-five (45) days after the date of the City’s receipt of the Disbursement Request Form, or, if later, upon receipt of grant proceeds from the Council. Each disbursement shall be paid from the proceeds of the LCDA Grant, subject to the City’s and the Council’s determination that the relevant Project Cost is payable from the LCDA Grant under the Grant Agreement. The City is under no obligation to disburse any proceeds of the Loan until it receives a disbursement of the LCDA Grant from the Council. Notwithstanding anything to the contrary herein, if the Project Costs of the Grant-Eligible Activities exceeds the amount to be reimbursed under this Agreement, such excess shall be the sole responsibility of the Borrower. ARTICLE VII BORROWER’S COVENANTS, REPRESENTATIONS, WARRANTIES AND AGREEMENTS The Borrower covenants, represents, warrants and agrees that: 6 a. The Borrower is a limited partnership duly organized and validly existing under the laws of the State of Minnesota, is duly authorized to operate in the State of Minnesota, has the power to enter into and execute this Agreement and by appropriate action has authorized the execution and delivery of this Agreement. b. The Borrower Documents will not result in any breach of or constitute a default under any other mortgage, lease, loan, grant or credit agreement, organizational documents, or other instrument to which the Borrower is a party or by which it may be bound or affected. c. The Loan Documents will constitute valid, legal and binding obligations of the Borrower enforceable against the Borrower. d. The Borrower has or will have all necessary approvals, licenses and permits required for construction and operation of the Project except those which cannot be obtained until completion of the Grant-Eligible Activities or the Project, as the case may be. e. The Borrower shall permit the City, upon reasonable notice, to examine all books, records, contracts, plans, permits, bills and statements of account pertaining to the Grant-Eligible Activities and to make copies as the City may require. f. The Borrower shall obey and comply with all federal, state and local laws, rules and regulations in connection with the Project. g. The City’s actions in approving the Loan shall not be construed as an approval by the City of providing any additional funds for the Project or other improvements to the Property. h. The Borrower agrees to pay for all of the costs incurred to construct the Grant-Eligible Activities including any cost overruns. There are no public funds for the Grant-Eligible Activities except for the Loan. i. Borrower is bound by all the terms and conditions of the Grant Agreement to the same extent as City. j. Borrower shall comply with all requirements of the Grant Agreement applicable to the Borrower. k. All contractors and subcontractor performing work covered by the Grant Agreement shall comply with all applicable state and federal Occupational Safety and Health Act regulations. l. The affordability and affirmative fair housing marketing plans requirements of Section 3.10 and 3.02 of the Grant Agreement are expressly incorporated into this Loan Agreement as if the same had been fully set out. 7 ARTICLE VIII DEFAULT Any one or more of the following shall constitute an event of default (an “Event of Default”) under this Agreement: a. The Borrower shall herein default in the performance or observance of any agreement, covenant or condition required to be performed or observed by the Borrower under the terms of this Agreement or the Grant Agreement, to the extent such obligations exist, and such default shall not be remedied within sixty (60) days after written notice to the Borrower from the City specifying such default. b. The Borrower shall be in default of any term of any other agreement relating to the Grant-Eligible Activities which is not cured within sixty (60) days after written notice from the City or if the default cannot be cured within sixty (60) days within such reasonable time as is required to cure the default, provided that the Borrower is diligently pursuing a cure. c. Any representation or warranty made by the Borrower herein or any document or certificate furnished to the City shall prove at any time to be incorrect or misleading as of the date made. d. The Borrower engages in any illegal activities. e. The Borrower uses any of the Loan funds contrary to this Agreement or the Grant Agreement which is not cured within sixty (60) days after written notice from the City. f. The Borrower shall fail to obtain and/or keep in force insurance of the types and in the amounts as specified within this Agreement, or shall fail to indemnify and hold harmless the City as set forth herein which is not cured within ten (10) business days after written notice from the City. g. The failure to repay any principal of the Loan when due. h. The Borrower’s investor limited partner, RBC Tax Credit Equity, LLC, an Illinois limited liability company or its affiliate, and the investor special limited partner, RBC Tax Credit Manager II, Inc., a Delaware corporation or its affiliate, shall have an opportunity, but not an obligation, to cure any defaults under this Agreement, and such cure shall be accepted by the City as if cured by the Borrower itself. 8 ARTICLE IX REMEDIES Whenever any Event of Default shall have happened and is continuing beyond any applicable cure period any one or more of the following remedial steps may be taken by the City: a. The City may terminate this Agreement; b. The City may suspend or terminate any further disbursements to be made under this Agreement; c. The City may suspend its performance under this Agreement during the continuance of the Event of Default; and/or d. The City may take whatever action at law or in equity may be necessary or appropriate to seek repayment or reimbursement of the Loan funds disbursed to the Borrower, to enforce performance and observance of any obligation, agreement, covenant, representation or warranty of the Borrower under this Agreement, or any related instrument; or to otherwise compensate the City for any damages on account of such Event of Default. No remedy conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power, nor shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or be required by law. ARTICLE X ADDITIONAL PROVISIONS a. Indemnity, Hold Harmless. Borrower shall defend, indemnify, and hold harmless the City and its members, employees, and agents, including the independent contractors, consultants and legal counsel, servants and employees thereof ( thereinafter the “Indemnified Parties”) from and against all claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from the conduct or implementation of the Project activities funded by this Loan Agreement, or by reason of this Agreement and against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Grant-Eligible Activities, and of and from any and all claims and demands whatsoever that may be asserted against City by reason of any alleged obligations or undertakings on the Borrower’s part to perform or discharge any of the terms, covenants, or agreements contained herein except to the extent 9 the claims, damages, losses, and expenses arise from the City's own negligence. Claims included in this indemnification include, without limitation, any claims asserted pursuant to the Minnesota Environmental Response and Liability Act (MERLA), Minnesota Statutes chapter 15B, the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as amended, United States Code, title 42, sections 9601 et seq., and the federal Resource Conservation and Recovery Act of 1976 (RCRA) as amended, United States Code, title 42, sections 6901 et seq. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which otherwise would exist between the City and Borrower. The provisions of this Section shall survive the execution, delivery, performance and/or or termination of this Loan Agreement and the creation and repayment of any indebtedness to City under this Loan Agreement. This indemnification shall not be construed as a waiver on the part of the City of any immunities or limits on liability provided by Minnesota Statutes chapter 466, or other applicable state or federal law. b. Independent Contractor. For the purpose of this Agreement, the Borrower shall be deemed an independent contractor and not an employee or agent of the City. Any and all employees or agents of the Borrower shall not be considered employees or agents of the City. c. Compliance With Minnesota Laws. All of the data created, collected, received, stored, used, maintained or disseminated by the Borrower with respect to the Grant-Eligible Activities are subject to the requirements of Chapter 13, Minnesota Statutes, and, except as provided in Minnesota Statute Section 13.05, subdivision 11(b), the Borrower agrees to comply with those requirements under Chapter 13, Minnesota Statutes to the extent applicable. The remedies in Minnesota Statutes, Section 13.08 may apply to the Borrower. If any provision of this Agreement is in conflict with the Minnesota Government Data Practices Act or other Minnesota State laws, state law shall control. The Borrower shall comply with the conflict of interest provisions of Minnesota Statutes, Sections 471.87-471.88. Pursuant to Minnesota Statutes Section 16C.05, Subd. 5 the books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. 10 ARTICLE XI Intentionally Omitted. ARTICLE XII RECORDS AND REPORTS Upon request, the Borrower shall submit to the City a full account of the status of the activities undertaken as part of this Agreement. The following records shall be maintained by the Borrower, copies of which shall be submitted in such form as City staff may prescribe: a. All receipts and invoices relating to expenditure of Loan funds. b. Records shall be sufficient to reflect all costs incurred in performance of the Loan. The books, records, documents, and accounting procedures, relevant to the Loan shall be subject to examination by the City, the Council and state agencies and the legislative auditor. c. Records of insurance required under this Agreement, including proof of insurance in effect, and proof of payment of insurance premiums. Borrower shall provide such information as requested by the City to enable the City to provide annual and semi-annual written reports to the Council pursuant to Section 2.05 (c) and 4.03 of the Grant Agreement. ARTICLE XIII AMENDMENT This Agreement shall not be amended or modified without the prior written approval of the City and the Borrower. ARTICLE XIV INCORPORATION OF GRANT AGREEMENT The Borrower acknowledges and agrees that all terms, conditions and obligations contained in the Grant Agreement are incorporated herein, and made a part of this Agreement. In addition to the terms, conditions and obligations described herein, the Borrower further acknowledges, accepts and assumes all of the City’s obligations described in the Grant Agreement, unless such obligations can only be reasonably performed by the City, including but not limited to, the obligation to repay the LCDA Grant if required by the Council. For purposes of enforcing this Agreement, the Borrower acknowledges, accepts and agrees that the City shall inure to, and possess the rights and authority of the Council as described in the Grant Agreement. 11 ARTICLE XV MISCELLANEOUS a. Notices. All notices provided for herein shall be in writing and shall be deemed to have been given when delivered personally or when deposited in the United States mail, registered or certified, postage prepaid, addressed as follows: If to Borrower: CB Eden Prairie Housing Limited Partnership c/o CommonBond Communities 1080 Montreal Street St. Paul, Minnesota 55116 Attention: Executive Vice President of Real Estate and a copy to: Erin E. Mathern, Esq. Winthrop & Weinstine, P.A. Capella Tower, Suite 3500 225 South Sixth Street Minneapolis, MN 55402-4629 [RBC Notice Address] If to City: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 or addressed to any such party at such other address as such party shall hereafter furnish by notice to the other parties as above provided. b. Binding Effect; Waiver. The provisions of this Agreement shall inure to the benefit of and be binding upon the Borrower and the City and their respective successors and assigns. No delay on the part of the City in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege constitute such waiver nor exhaust the same, which shall be continuing. The rights and remedies of the City specified in this Agreement shall be in addition to and not exclusive of any other right and remedies which the City, by operation of law, would otherwise have. c. Survival of Agreements, Representations and Warranties. All agreements, representations and warranties made in this Agreement by the Borrower shall survive its termination. d. Governing Law. This Agreement and the attachments are to be construed and enforced according to and governed by the laws of the State of Minnesota. 12 e. Counterparts, Electronic Signatures. This Agreement may be executed in any number of counterparts, all of which shall constitute a single agreement, any one of which bearing signatures of all parties shall be deemed an original. An electronic or facsimile signature is deemed to be the same as an original signature. f. Time. Time is of the essence in the performance of this Agreement. g. Entire Agreement. This Agreement contains the entire agreement of the parties hereto on the matters covered herein. No other agreement, statement or promise made by any party or by any employee, officer or agent of any party hereto that is not in writing and signed by all the parties to this Agreement shall be binding. h. No Joint Venture. The relationship between the City and the Borrower is solely that of grantor and grantee and the relationship by and between the City and the Borrower is not, nor shall it be deemed to create, a partnership or joint venture in the Project. i. Venue. All matters whether sounding in tort or in contract, relating to the validity, construction, performance, or enforcement of this Agreement shall be controlled by and determined in accordance with the laws of the State of Minnesota, and the Borrower agrees that all legal actions initiated by the Borrower with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued exclusively in the State of Minnesota, Hennepin County, District Court. j. Attorneys’ Fees and Expenses. In the event the Borrower should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of the Borrower, the Borrower will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred, but only in the event the City prevails in pursuing such claims. k. Assignment. This Agreement may not be assigned by the Borrower without the prior written consent of City, which consent shall be in the sole discretion of the City. (The remainder of this page is intentionally left blank.) IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. CB Eden Prairie Housing Limited Partnership, a Minnesota limited partnership By: CB Eden Prairie Housing GP LLC Its: General Partner By: Cecile Bedor Its: Chief Manager/President CITY OF EDEN PRAIRIE, MINNESOTA By: Its Mayor By: Its City Manager A-1 EXHIBIT A Grant-Eligible Activities include those costs outlined in the Grant Agreement including: $259,242 Stormwater Management: Infiltration/Storm Swales and Tanks; $64,000 Architectural/Engineering Fees: Stormwater Management; $250,000 Site acquisition after date of award; $330,292 Site Preparation: Demolition; Grading and/or Soil Correction B-1 EXHIBIT B Grant Agreement C-1 EXHIBIT C DISBURSEMENT REQUEST FORM City of Eden Prairie, Minnesota [UPDATE] Attn: _________________ The undersigned, CB Eden Prairie Housing Limited Partnership (the “Borrower”) pursuant to that certain Loan Agreement, dated as of ________, 2019 between the City of Eden Prairie, Minnesota (“City”), and the Borrower, hereby requests payment of the expenses listed on the attached Expense Listing. The total amount to be disbursed for this draw is $ . In connection with this draw, the undersigned hereby represents as follows: a. each obligation listed in the attached Exhibit II has been incurred and is a Project Cost related to the Grant-Eligible Activities, b. no license or permit necessary for construction of the Grant-Eligible Activities previously issued has been revoked or the issuance thereof subjected to challenge before any court of other governmental authority having or asserting jurisdiction thereover; c. no event has occurred and is continuing which, but for the giving of notice, the expiration of any cure period, or both, would constitute an event of default under the Loan Agreement or the Grant Agreement; d. all funds of the Borrower’s match, if any, have been fully disbursed for the payment of Project Costs; and e. ______% of the Grant-Eligible Activities have been completed. CB Eden Prairie Housing Limited Partnership, a Minnesota limited partnership By: CB Eden Prairie Housing GP LLC Its: General Partner By: Cecile Bedor Its: Chief Manager/President C-2 Approved: City of Eden Prairie By: Its: C-3 Exhibit II Expense Listing Item Amount D-1 EXHIBIT D LEGAL DESCRIPTION The land referred to is situated in the State of Minnesota, County of Hennepin, and is described as follows: [UPDATE] 17732721v2 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 13, 2019 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Accept Bids and Award Contract to Minnesota Roadways Company for the Staring Lake Park Parking Lot Improvement ITEM NO.: VIII.E. Requested Action Move to: Accept base bid and alternate 1 and authorize entering into a contract with Minnesota Roadways Company for the Staring Lake Park Parking Lot Improvement Project. Synopsis Bids were publically advertised and opened on August 1, 2019. Bids were received from five contractors and ranged in price from $177,776.90 to $271,277.00. The lowest responsible bid for the base bid and when alternates are considered is Minnesota Roadways Company. This contractor has successfully completed similar projects for the City and staff has been very pleased with their capabilities and quality of work. The Base Bid ($172,651.90) consists of a mill and overlay of all the parking lot surfaces in the upper area of Staring Lake Park and paving of the new trails around the park building. Alternate 1 – Picnic Shelter ($5,125.00) consists of the removal of the existing bituminous curb on the eastern edge of the amphitheater parking lot and installation of new concrete curb and gutter. Background The parking lot at Staring Lake Park has been in need of maintenance for a number of years but staff has delayed these improvements until all other construction projects had been completed in order to protect the new pavement. With the completion of the new Staring Lake Park building expected in the middle of September, the parking lot can now be renovated to bring it back up to the standards for all parking lots. The layout of the parking lot will not change, however slight adjustments will be made to turn the parking stalls near the building and pickleball courts into angled parking. Staff and the consultants recommend awarding the base bid and alternate 1 and entering into a contract with Minnesota Roadways Company. Attachments Bid Summary Form of Contract with Minnesota Roadways Company Date:ITEM DESCRIPTION QTY. UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICETOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL1 Mobilization 1 Lump Sum $9,000.00 $9,000.00 $2,000.00 $2,000.00 $16,900.00 $16,900.00 $6,200.00 $6,200.00 $14,500.00 $14,500.00 $26,000.00$26,000.002Remove Bituminous Pavement (agg. base to remain in‐place) 9,010 Sq Yd $2.00 $18,020.00 $1.32 $11,893.20 $3.15 $28,381.50 $5.11 $46,041.10 $5.05 $45,500.50 $4.00 $36,040.003 Remove Bituminous Curb 250 Lin Ft $3.00 $750.00 $2.00 $500.00 $2.75 $687.50 $1.00 $250.00 $5.85 $1,462.50 $1.00 $250.004 Sediment Control Inlet 4 Each $250.00 $1,000.00 $200.00 $800.00 $157.00 $628.00 $125.00 $500.00 $390.00 $1,560.00 $250.00 $1,000.005 Street Sweeping 5 Hours $150.00 $750.00 $60.00 $300.00 $154.00 $770.00$135.00 $675.00 $130.00 $650.00 $150.00 $750.006 Traffic Control 1 Lump Sum $2,000.00 $2,000.00 $1,000.00 $1,000.00 $1,900.00 $1,900.00 $1,600.00 $1,600.00 $3,250.00 $3,250.00 $8,500.00 $8,500.007 Bituminous Trail 20 Tons $75.00 $1,500.00 $79.50 $1,590.00 $180.00 $3,600.00 $105.00 $2,100.00 $175.00 $3,500.00 $275.00 $5,500.008 Bituminous ‐ Wear 890 Tons $75.00 $66,750.00 $75.25 $66,972.50 $83.00$73,870.00 $83.85 $74,626.50 $80.00 $71,200.00 $88.50 $78,765.009 Bituminous ‐ Non‐Wear 1190 Tons $75.00 $89,250.00 $68.13 $81,074.70 $79.40 $94,486.00 $76.85 $91,451.50 $78.00 $92,820.00 $82.80 $98,532.0010 Tack Coat 485 Gal $5.00 $2,425.00 $1.90 $921.50 $3.20 $1,552.00 $3.00 $1,455.00 $5.50 $2,667.50 $4.00 $1,940.0011 Bituminous Curb 250 Lin Ft $5.00 $1,250.00 $16.00 $4,000.00 $14.20 $3,550.00 $25.00 $6,250.00 $19.00 $4,750.00 $10.00 $2,500.0012 Pavement Markings 1 Lump Sum $4,000.00 $4,000.00 $1,600.00 $1,600.00 $2,550.00 $2,550.00 $3,404.00 $3,404.00 $2,800.00 $2,800.00 $4,000.00 $4,000.00$196,695.00 $172,651.90 $228,875.00 $234,553.10 $244,660.50 $263,777.00Add Alt #11 Bituminous Curb ‐250 Lin Ft $5.00 ‐$1,250.00 $16.00 ‐$4,000.00 $14.23‐$3,557.50 $25.00 ‐$6,250.00 $19.00 ‐$4,750.00 $10.00 ‐$2,500.002 B612 Concrete Curb and Gutter 250 Lin Ft $22.00 $5,500.00$36.50$9,125.00$32.20$8,050.00$35.00$8,750.00$47.00$11,750.00$40.00$10,000.00$4,250.00 $5,125.00 $4,492.50 $2,500.00 $7,000.00 $7,500.00$200,945.00PARK CONSTRUCTION COMINNESOTA ROADWAYS CONORTHWEST ASPHALT, INC.ALLIED BLACKTOP CO. C.S. MCCROSSANAdd Alt #1 SubtotalTotalStaring Lake Park Parking Lot RehabilitationBase Bid SubtotalBid Tab ‐ Summary8/1/2019Hansen Thorp Pellinen Olson, Inc. 7510 Market Place Dr. Eden Prairie, MN 55344 ‐ Phone 952‐829‐0700 ‐ Fax 952‐829‐7806Project No. 18‐001Page 1 SHORT FORM CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this 13th day of August, 2019, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Minnesota Roadways Company, hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. Staring Lake Park Parking Lot Rehabilitation CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $177,776.90. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE __________________________________ By ________________________________ Its City Mayor __________________________________ By_______________________________ Its City Manager CONTRACTOR In Presence Of: ____________________________________ __________________________________ By ________________________________ Its __________________________ __________________________________ _______________________________ Its __________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 13, 2019 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: Adopt Resolution Accepting CenterPoint Energy Community Partnership Grant for a Dynamic Speed Display Sign ITEM NO.: VIII.F. Requested Action Move to: Adopt resolution accepting a CenterPoint Energy Community Partnership Grant Award of $1,700 for the purchase of a dynamic speed display sign. Synopsis The City applied for a Community Partnership Grant through CenterPoint Energy to help pay for a battery powered dynamic speed display sign with StreetSmart data collection software. In 2019, the grant program will award grants up to $2,500, giving priority to applications focusing on safety equipment or safety-related projects. CenterPoint Energy recently awarded the City a $1,700 grant which covers over half the cost of the new sign. Background The grant funds will help pay for the speed display sign which will be deployed to areas being studied or allowing same day response to resident inquiries. Data collected includes number of vehicles, number of speeders, average speeds, peak speeds and 85th percentile speeds. Attachments Resolution CenterPoint Communications Release CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-____ A RESOLUTION ACCEPTING A CENTERPOINT ENERGY COMMUNITY PARTNERSHIP GRANT FOR A DYNAMIC SPEED DISPLAY SIGN WHEREAS, the City of Eden Prairie submitted an application requesting grant funds from the Community Partnership Grant Program; and WHEREAS, The City of Eden Prairie acknowledges that CenterPoint Energy has awarded the City of Eden Prairie a $1,700 grant; and WHEREAS, the grant funds will be used for purchase of a portable dynamic speed display sign. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the City of Eden Prairie, accepts a $1,700 Community Partnership Grant award from CenterPoint Energy. ADOPTED by the City Council of the City of Eden Prairie this 13th day of August, 2019. _______________________ Ronald A. Case, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: August 13, 2019 DEPARTMENT/DIVISION: Leslie Stovring Public Works / Engineering ITEM DESCRIPTION: IC# 19822 Approve Agreement for Phase VIII Pond Inventory and Inspection Program with Wenck Associates ITEM NO.: VIII.G. Requested Action Move to: Approve the Professional Services Agreement for the Phase VIII Pond Inventory and Inspection Program with Wenck Associates for $127,508. Synopsis The proposal from Wenck is to provide an inventory of the stormwater ponding system within the subwatersheds for Lake Smetana. The inventory will be used to select projects to improve the stormwater treatment system for Lake Smetana and Nine Mile Creek. This project is the next step towards completing the citywide stormwater treatment inventory required by our Stormwater Permit Program. The cost of pond inventory will be paid out of the stormwater utility. Background Information The City has been working on inventorying our stormwater system since 2003. The current inspection program includes visual inspection of stormwater treatment areas (including lakes, ponds, wetlands, ditches, raingardens, drainage swales and creek segments) to identify problems that require repair. The scope of work to complete the inventory was approved by the Minnesota Pollution Control Agency on April 18, 2011. The City has identified approximately 88 water bodies (ponds or wetlands modified to treat stormwater) that will require analysis within this study area. The services Wenck will include items such as the following: • Survey current depth and bathymetric contours for each selected water body. • Develop models (P8 and BATHTUB) to evaluate the watershed and stormwater runoff entering the study area. • Compare existing conditions with as-built information. • Calculate the removal efficiency (%) for phosphorus and sediment. • Determine which water bodies need sediment removal or other maintenance. • Determine whether opportunities exist to upgrade functionality of the stormwater treatment system that may benefit the creek or lake. The estimated cost for this phase based on evaluating 88 ponds is $102,164 to $127,508. The lower price assumes that the City will hire an intern to help with the fieldwork. Costs will be paid from the storm water utility fund. The City will be working concurrently with the Nine Mile Creek Watershed District (NMCWD) on the analysis for Lake Smetana. Staff will evaluate opportunities for cost savings as NMCWD finalizes their scope of work. Attachment Agreement Wenck | Colorado | Georgia | Minnesota | North Dakota | Wyoming Toll Free 800-472-2232 Web wenck.com Exhibit A Proposed Scope of Services The Wenck team proposes to provide the City of Eden Prairie with the eighth phase of engineering consultant services expanding the previous basin inventory and maintenance assessments. Wenck’s approach will build upon previous Phases I through VII. The cost is $102,164 to $127,508 depending on availability of a City intern to assist with the fieldwork. The total cost for Phase VIII will not exceed $127,508 without prior approval from the City. Task 1 – Stormwater System Analysis Task 1 consists of identifying the basins the City is responsible for maintaining, selecting basins for further field evaluation, and delineating the subwatersheds to each basin. Basin identification will be coordinated with City staff to determine which basins are located on City property, within City right-of-way, or under a drainage and utility easement. We expect to locate basins on City property and within City right-of-way using GIS-based parcel information from the City. The subwatersheds for each basin will be delineated using LiDAR contours and storm sewer information. Task 2 – Sedimentation Survey For Task 2, Wenck will visually inspect and perform a bathymetric survey for each basin identified in Task 1. The inspection and survey for basins in the Lake Smetana subwatershed will be conducted in summer of 2019. The inspection and survey information will be used to determine if maintenance is required and assess the basin pollutant removal performance (Task 3). Some basins may need to be surveyed the following year, depending on scheduling and budget restrictions Task 3 – Basin Analysis Task 3 analyzes the data collected from Task 2 to determine the sedimentation level, pollutant removal effectiveness of the basin, and, ultimately, which basins need sediment removal. The basin analysis for Lake Smetana will be conducted in the fall/winter of 2019. GIS mapping software will be used to analyze the data collected in the field to determine the existing and depth to refusal volume. Water quality modeling results will also be evaluated to find future opportunities for expanding or retro-fitting existing basins. Task 4 – Technical Memo Upon completion of the analysis of Lake Smetana, Wenck will complete a final technical memo that summarizes the methods, results, and recommendations for maintenance. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 13, 2019 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Amend Professional Services Agreement with WSB for Pleasant Hills Cemetery Columbarium Project ITEM NO.: VIII.H. Motion Move to: Authorize the Amendment to Standard Agreement for Professional Services with WSB & Associates, Inc. for Construction Phase Services for Pleasant Hills Cemetery Columbarium at a cost not to exceed $39,800.00. Synopsis Staff recommends amending the professional services agreement with WSB & Associates for development of design and construction documents for the addition of a columbarium at Pleasant Hills Cemetery. The additional costs area for producing construction documents, assisting with the bidding process and construction administration. Background WSB & Associates was selected to help explore the options for constructing a columbarium at Pleasant Hills Cemetery. WSB assisted staff with producing a concept plan that was presented to both the Park, Recreation and Natural Resources Commission and City Council. The concept received great feedback and staff is proposing to have WSB now complete construction documents and have a contractor start construction later this fall. Recommendation The proposal from WSB & Associates is in line with our estimate and staff recommends approval of this amendment. Attachments First Amendment to Standard Agreement for Professional Services Contract Amendment Request Letter from WSB & Associates 1 First Amendment To Standard Agreement for Professional Services This First Amendment to Standard Agreement for Professional Services (Amendment) is made on the 13th day of August, 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and WSB & Associates, Inc., a Minnesota Company (hereinafter "Consultant") whose business address is 701 Xenia Avenue South, Suite 300, Minneapolis, MN 55416. WHEREAS City and Consultant entered into a Standard Agreement for Professional Services on the 14th day of February, 2019 for the work described in Exhibit A thereto; and WHEREAS City and Consultant desire to amend paragraphs 1 and 3 of the Agreement relating to the Scope of Work and Compensation to be paid to the Consultant. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF Work: The Scope of Work identified in Paragraph 1, Exhibit A, is amended to include the following additional services: A. Geotechnical Investigation and Report B. Construction Documents C. Quote Packages for Site Improvements D. Construction Administration E. Concrete Material Testing F. Deliverables 2. Compensation for Services: Paragraph 3 is amended to state that the City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $39,800.00 for the services as described in Exhibit A as amended hereby. 3. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 4. Entire Agreement. This Amendment constitutes the entire agreement between the parties with respect to the matter herein contained and all prior negotiations with respect to the subject matter herein contained are merged into and incorporated into this Amendment, and all prior documents and correspondence between the parties with respect to the subject matter herein contained (other than the Agreement) are superseded and of no further force or effect. 5. Binding. This Amendment shall be binding upon and unsure to the benefit of the parties hereto. 2 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager WSB & Associates, Inc. By: ________________________________ Its: _______________________________ \\wsbgvfiles01\resources\Group Data\Municipal\Clients - Cities - Counties\Eden Prairie\Proposals\Pleasant Hills Cemetery\LTR Prop M_Bourne - Pleasant Hill Cemetery Amendment 1 - 2019-06-28.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM June 28, 2019 Mr. Matt Bourne Manager of Parks & Natural Resources City of Eden Prairie 15150 Technology Drive Eden Prairie, MN 55344 Re: Pleasant Hill Cemetery Site / Columbarium Improvements – Request for Contract Amendment Dear Matt: Based on our recent review meeting, we have prepared this letter to request a contract amendment for additional professional services related to the Pleasant Hill Cemetery project. The initial contract included a topographic survey, concept planning, and design development services for this project. Additional services proposed as part of this contract amendment request are outlined in the Scope of Services below for your consideration. SCOPE OF SERVICES 1. Geotechnical investigation and report: Up to two soil borings and recommendations for soil corrections related to pavement and columbarium foundation. a. Site Access We have assumed that the boring locations will be accessible to our ATV drill rig. b. Borehole Locating and Gopher State One Call We will mark the boring locations based on the proposed layout of improvements. We will also provide the surface elevation at each boring location reference to an assumed on-site benchmark. Prior to sending a drill rig to the site, WSB will contact Gopher State One Call (GSOC) and have them request public underground utility owners mark and clear our proposed borehole locations of their utilities. If there are private underground utilities that are not located by GSOC, you must notify WSB immediately. WSB will take reasonable precautions to avoid underground assemblies. c. Subsurface Test Borings We propose to complete a total of two standard penetration test borings for the project. We propose to complete the borings to depths of about 14½ feet or auger obstruction, whichever is shallower. We will sample and record blow counts at 2½ foot intervals to the borehole termination depth. If unsuitable soils (existing fill, organic soils, etc.) are encountered at the proposed boring termination depth(s), it will be necessary to extend the borings into more competent materials. This will allow us to better evaluate potential construction issues. Additional drilling footage beyond that proposed will be completed at a cost of $30/foot. Matt Bourne June 28, 2019 Page 2 d. Borehole Samples and Laboratory Testing Samples retrieved during drilling will be returned to our laboratory where they will be reviewed, classified using the Unified Soil Classification System (USCS) and logged under the direction of a geotechnical engineer. Select samples will be set aside for laboratory testing. We may perform routine laboratory tests on selected soil samples obtained from the exploration. This may include determinations of natural moisture content and unconfined compressive strength with a calibrated penetrometer if cohesive soils are encountered and gradations on select sand samples from the borings. Such tests will aid in determining soil classification and properties, and potential behavior characteristics to help guide our recommendations. e. Geotechnical Engineering Report Information gathered for this project will be used to prepare a geotechnical report. The report will summarize our findings and provide a discussion of subsurface soil and groundwater conditions encountered in our borings and how they may affect the proposed construction of foundations and slabs. The report will also provide recommendations for site grading, recommendations for a design bearing pressure for footing design, estimates of groundwater depths/elevations and settlement under structural loads, lateral earth pressures, and a discussion of soils for use as fill and backfill. This geotechnical study is presented for engineering services to determine the structural properties of the soil at the site. It does not cover an environmental assessment of the site, or environmental testing of the soil or groundwater. 2. Construction Documents: WSB will prepare final Construction Documents as approved by the OWNER and as illustrated / described on the last page of this letter. The construction documents shall include plans, details, and specifications in sufficient detail for the OWNER to pursue competitive quotes for the construction of the improvements. Specific scope of work for this task will include: a. Construction Plans including: i. Title Sheet ii. Site Removals Plan iii. Site Layout Plan iv. Site Grading Plan • Erosion control plans as necessary • Spot elevations for key finished grade elements • ADA grading design to access proposed facilities • Note: per discussion with the city, WSB has not included services for watershed district permit. If this is required, WSB can provide services at additional cost. v. Turf Restoration Plan and soil amendments for mass planting beds • It is understand that City Staff will develop their own planting plan. vi. Pavement Designs and Typical Details vii. Retaining wall viii. Custom Bench Details ix. Miscellaneous Site Construction Details • Incorporate columbarium details from selected product vendor b. Technical Specifications and quote submittal form suitable for quote process c. Final Cost Estimate Matt Bourne June 28, 2019 Page 3 d. 1 construction document review meeting (95%) 3. Quote Packages for Site Improvements: WSB shall oversee the quoting process for solicitation of the site work. Services associated with this task include the following: a. Prepare a quote package for site work and related installation of all related items. Distribute to select contractors. b. Obtain quotes and prepare tabulation of quotes from contractors. c. Prepare letter of recommendation for contractor to perform site work. 4. Construction Administration a. Review contractor pay requests and provide recommendation to city for payment, prepare change orders, review submittals. b. Meetings will include: i. Preconstruction meeting ii. 4 site meetings – to review general conformance with the design intent. iii. Substantial Completion walkthrough and preparation of punchlist 5. Concrete Material Testing (Foundation) a. One set of tests for columbarium foundation concrete 6. Deliverables: a. Meeting summary notes b. One complete paper and digital set of plans, specifications and final estimate of probable construction costs at: i. 95% completion ii. 100% final completion (Construction Documents) c. Geotechnical report / recommendations d. Addenda during quoting process e. Tabulation of quote results f. Letter of recommendation to award contract FEES FOR PROFESSIONAL SERVICES Fees for the services outlined in the proposal above will be billed on an hourly not-to- exceed basis. Below is a breakdown of the various components of this work and the estimated total amended contract amount: Original Fee – Survey, Concepts, Design Development $15,825.00 Geotechnical $3,150.00 Construction Documents, Estimate, Specifications $10,875.00 Quoting Process $2,000.00 Construction Administration $7,200.00 Concrete Material Testing $750.00 TOTAL AMENDED NOT-TO-EXCEED FEE $39,800.00 For additional services, including any services not specifically outlined in this proposal, fees will be billed on an hourly basis according to WSB’s current hourly rate schedule for the time in which the work is performed. The previous contract value of $15,825.00 has been modified to include additional services as listed above for a new total amended contract value of $39,800.00. REIMBURSABLE EXPENSES Matt Bourne June 28, 2019 Page 4 The following list includes the anticipated reimbursable expenses that will be billed in addition to consulting fees. • permit fees / application fees • sub-consultant mileage and printing • courier / delivery costs I will continue to oversee this project with the support of other team members. We are ready to begin work upon execution of these additional professional services. Please contact me at 763-231-4841 if you have any questions regarding this proposal. Sincerely, WSB Jason L. Amberg, PLA Group Manager, Principal ACCEPTED BY: City of Eden Prairie By: Title: Date: Matt Bourne June 28, 2019 Page 5 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 13, 2019 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Approve Change Order #2 for the Valley View Road Trail Extension Project completed by Peterson Companies ITEM NO.: VIII.I. Motion Move to: Approve Change Order #2 for the Valley View Road Trail Extension Project in the amount of $22,051.00. Synopsis The City awarded the contract to Peterson Companies for the extension of the trail on Valley View Road in the Golden Triangle area. During construction, there were multiple delays and additional work needed due to utility conflicts and delays in relocations near a retaining wall that was to be constructed as part of the project. Staff has worked with the contractor and believes the additional payment of $22,051.00 is warranted for this additional delay and expenses incurred. Recommendation Staff recommends that the City Council approve the change order. Attachment Change Order #2 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE August 13, 2019 DEPARTMENT / DIVISION Scott Gerber, Fire Department ITEM DESCRIPTION Approve purchase from Fire Safety USA of All American Hose ITEM NO. VIII.J. Requested Action Move to: Approve the purchase of replacement fire hose for all fire apparatus from, Fire Safety USA, (All American Hose Company). Fire Safety USA quote of $30,800 is the low bid and being paid for with 2019 CIP funds allotted for this project. Synopsis This purchase will replace twenty-year-old non-compliant NFPA hose. The new hose will meet current NFPA 1962 hose requirements. In 2020 we will have a similar CIP purchase to replace additional non-complaint hose and add additional hose as needed. Attachments Quotes, from two distributors, Macqueen Emergency Group and Fire Safety USA. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE August 13, 2019 DEPARTMENT / DIVISION Scott Gerber, Fire Department ITEM DESCRIPTION Approve purchase of Self Contained Breathing Apparatus (SCBA) ITEM NO. VIII.K. Requested Action Move to: Approve the purchase of replacement NFPA and NIOSH compliant SCBA (Self Contained Breathing Apparatus) for $597,741.62. This purchase will be funded from approved 2019 CIP funds. Synopsis SCBA equipment provides breathable air for firefighters when entering a hazardous environment to do their work. SCBA are used in fire suppression, limited oxygen environments, and in various rescue settings to assure the most effective health and safety for our firefighters. We currently have 74 SCBA’s, 162 bottles, 140 masks. Through current risk analysis and effective resource utilization we are recommending the purchase of 71 SCBA’s, 124 bottles, and 108 masks. Eden Prairie along with 32 other entities are part of a JPA (Joint Powers Authority) for the purpose of equipment standardization, effective service/maintenance of the equipment, and cost effectiveness when purchasing major pieces of firefighting equipment. Eden Prairie has been part of the JPA since its inception in 2009. This purchase will be made under the JPA authority and will include air packs, bottles, masks, service repairs, and testing. The SCBA’s are on an 8 year replacement cycle and will be budgeted as such in the ongoing CIP planning process. Attachments: Summary Spreadsheet 2019 JPA Price listing CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 13, 2019 DEPARTMENT / DIVISION: Administration Rick Clark, Facilities ITEM DESCRIPTION: 2019 City Wide Building Restoration ITEM NO.: VIII.L. Requested Action Move to: Award the contract for 2019 Annual City Wide Building Restoration to Sebco, Inc. Synopsis Base Bid Sebco, Inc $59,865 Restoration Systems $117,950 American Masonry Restoration Declined to bid* Western Specialty Declined to bid* Background As part of the Capital Improvement Plan the 2019 City Wide Building Restoration work will be completed at 11 City owned buildings this year. Plans and specifications were developed by Quetica and sent to 4 potential bidders. A pre-bid meeting was held on Tuesday, July 16, 2019. American Masonry Restoration and Western Specialty were requested to submit proposals but declined. Responsible contractor verification was filled and included with bid submission. Attachments Exhibit A (Contractor’s Scope of Work) Standard City Construction Contract with Sebco, Inc. EXHBIT A 2019 City Wide Building Restoration, in accordance with the Plans and Specifications contained in the Project Manual City of Eden Prairie 2019 Exterior Building Envelope Maintenance dated July 11, 2019 and Addendum No. 1 dated July 17, 2019, prepared by Quetica, LLC, Quetica Project No. 19120, which Project Manual is incorporated herein as if fully set forth. 2018 08 01 Construction Contract This Contract (“Contract”) is made on the 5th day of August, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Sebco Inc., a Minnesota Incorporation (hereinafter "Contractor") whose business address is 923 Marquette Ave Minneapolis, MN 55402. 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 2019 Exterior Building Envelope Maintenance, 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 November 1st 2019. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $59,865.00 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. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. Standard Construction Contract 2018 08 01 Page 2 of 13 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 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. Standard Construction Contract 2018 08 01 Page 3 of 13 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. The Contractor shall post bonds to secure the warranties. Standard Construction Contract 2018 08 01 Page 4 of 13 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; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; Standard Construction Contract 2018 08 01 Page 5 of 13 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. 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 Standard Construction Contract 2018 08 01 Page 6 of 13 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. 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 Standard Construction Contract 2018 08 01 Page 7 of 13 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 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. Standard Construction Contract 2018 08 01 Page 8 of 13 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 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 Standard Construction Contract 2018 08 01 Page 9 of 13 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. 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 Standard Construction Contract 2018 08 01 Page 10 of 13 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. 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 Standard Construction Contract 2018 08 01 Page 11 of 13 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 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. Standard Construction Contract 2018 08 01 Page 12 of 13 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 13 CITY OF EDEN PRAIRIE __________________________________ Ronald A. Case, Its Mayor ___________________________________ Rick Getschow, Its City Manager Sebco, Inc. ________________________________ Gerald Larson, Its President CITY COUNCIL AGENDA SECTION: Consent Calendar DATE August 13, 2019 DEPARTMENT / DIVISION Administration Rick Clark, Facilities ITEM DESCRIPTION Community Center Rink #2 Make-Up Air Unit #2 Replacement ITEM NO. VIII.M. Requested Action Move to: Award Contract for Community Center Rink #2 Make-Up Air Unit #2 Replacement to Metropolitan Mechanical Contractors Inc. Synopsis Metropolitan Mechanical Contractors Inc. $78,015.00 Northern Air Corporation $83,860.00 BWS Plumbing, Heating & Air Declined to bid Background As part of the 2019 Capital Improvement Plan the Community Center’s Rink #2 Make-Up Air Unit is over 27 years old and will need to be replaced due to being beyond life expectancy and inefficiency. Plans and specifications for the Community Center Rink #2 Make-Up Air Unit #2 Replacement were developed by Quetica and sent to 3 potential bidders. Responsible contractor verification was filled and included with bid submission. Attachments Exhibit A, Scope of Work Standard City Construction Contract with Metropolitan Mechanical Contractors Inc. EXHBIIT A Community Center Rink #2 Make-Up Air Unit #2 Replacement, in accordance with the Plans and Specifications contained in the Project Manual City of Eden Prairie Community Center Rink #2 Make-Up Air Unit #2 Replacement dated July 11, 2019, prepared by Quetica, LLC, Quetica Project No. 19178, which Project Manual is incorporated herein as if fully set forth. 2018 08 01 Construction Contract This Contract (“Contract”) is made on the 2nd day of August, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Metropolitan Mechanical Contractors Inc., a Minnesota Incorporation (hereinafter "Contractor") whose business address is 7450 Flying Cloud Drive, Eden Prairie, MN 55344. 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 replacing an over 27-year-old HVAC Unit at the Community Center Rink #2 Make-Up Air Unit #2 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 December 31st 2019. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $78,015.00 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. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. Standard Construction Contract 2018 08 01 Page 2 of 13 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 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. Standard Construction Contract 2018 08 01 Page 3 of 13 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. The Contractor shall post bonds to secure the warranties. Standard Construction Contract 2018 08 01 Page 4 of 13 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; d. Any disregard of laws, ordinances or proper instructions of the City; Standard Construction Contract 2018 08 01 Page 5 of 13 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. 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 Standard Construction Contract 2018 08 01 Page 6 of 13 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 13 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 insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Standard Construction Contract 2018 08 01 Page 8 of 13 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 evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Standard Construction Contract 2018 08 01 Page 9 of 13 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 13 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. 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. Standard Construction Contract 2018 08 01 Page 11 of 13 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 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 Standard Construction Contract 2018 08 01 Page 12 of 13 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 13 CITY OF EDEN PRAIRIE __________________________________ Ronald A. Case, Its Mayor ___________________________________ Rick Getschow, Its City Manager Metropolitan Mechanical Contractors, Inc. ________________________________ Chad Nelson, Executive Vice President CITY COUNCIL AGENDA SECTION: Public Hearings DATE: August 13, 2019 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/ Beth Novak-Krebs ITEM DESCRIPTION: Park and Open Space Zoning District Change ITEM NO.: IX.A. Requested Action Move to: •Close the Public Hearing; and •Approve the 1st reading of an Ordinance for a Zoning District Change from Rural, Public, R1-13.5, R1-9.5, RM-6.5, RM-2.5, I-Gen, Office, and Community Commercial to Parkand Open Space Zoning District. Synopsis The City of Eden Prairie is proposing a zoning district change for City-owned parks and open spaces from their current zoning district to a Parks and Open Space Zoning District. The properties proposed to be rezoned are currently zoned a variety of different zoning districts including Rural, Public, R1-13.5, R1-9.5, RM-6.5, RM-2.5, I-Gen, Office, and Community Commercial, which provide for differing development standards such as setbacks, building height, parking etc. The proposed rezoning to Park and Open Space provides for zoning that is more consistent with the actual use of the properties, and has more appropriate and consistent regulations. The proposal includes a zoning district change for 35 parks, 1 special use area and 15 conservation areas. Background In 2017, the City of Eden Prairie adopted a Park and Open Space Zoning District and associated regulations such as permitted uses, setbacks, parking etc. The purpose of creating the Park and Open Space Zoning District was to begin the process of bringing the zoning of the City’s parks into conformance with the City’s 2030 Comprehensive Plan, which was adopted in 2009. The 2030 Plan guides City-owned parks and conservation areas as Park and Open Space. State law requires zoning to conform to the Comprehensive Plan. Now that the zoning district and associated regulations have been adopted, the City is beginning the second phase of the overall process to rezone parks and open spaces. The following statements help support the proposed rezoning: •It provides for more appropriate and consistent regulations•It does not involve any physical changes to the parks and open spaces or any of theproperty boundaries•It will not affect adjacent private property •It does not impact the valuation of adjacent private property •It restricts uses to those related to parks and open space •It further ensures that these areas will remain park and open space Public Outreach and Review A Public Informational Meeting was held on June 3 at the Parks, Recreation and Natural Resources Commission. All property owners within 500 feet of City-owned parks and conservation areas were invited to attend. This resulted in mailing letters to approximately 9,200 property owners. The letter also directed the property owners to a map on the website identifying all of the parks and conservation areas that are included in this project. Approximately 100 residents attended. Staff received calls from about 50 residents upon receipt of the letter asking for more information about the project and the process. On July 22, the Planning Commission held a public hearing on the requested zoning district change for the City-owned parks and open spaces. Public hearing notices were sent to the same property owners that received the notice for the public informational meeting. Upon receipt of the public hearing notice, staff received calls from approximately 15 residents. Approximately 40 residents attended the Planning Commission meeting. The same notice was used to notify the residents of this City Council public hearing. Staff prepared a map for the public showing the parcels proposed to be rezoned and the current zoning of those parcels. The map is available on the City’s website through the following link https://www.edenprairie.org/city-government/departments/community-development/planning. In addition, the staff prepared tables, which include the zoning standards for the current zoning of the parcels and the standards for the Park and Open Space Zoning District so residents can compare the existing and proposed zoning standards. Attachments 1. Ordinance 2. Staff Report 3. Parks Map 4. Planning Commission Unapproved Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ___-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA REMOVING CETAIN PARCELS OF LAND FROM THEIR EXISTING ZONING DISTIRCT AND PLACING THE PARCELS IN THE PARK AND OPEN SPACE ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter the “Land”) is legally described in Exhibit A attached AND made a part hereof. Exhibit A identifies the current zoning district for each parcel, the PID number and a legal description. Section 2. That the official Zoning Map of the City of Eden Prairie which identifies the location and boundaries of the Districts established in Chapter 11 of the City Code, is amended to incorporate the Land into the Park and Open Space District as set forth in Exhibit B attached and made a part hereof. Section 3. That action was duly initiated proposing that the Land be removed from their current district and be placed in the Park and Open Space Zoning District. Section 4. The proposal is hereby adopted and the parcels comprising the Land shall be, and hereby are removed from their current district and shall be included in the Park and Open Space Zoning District, and the legal descriptions of the Land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 5. City Code chapter 1, entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99, “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. 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 13th day of August 2019, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the __ day of , 2019. _________________________________ _________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor Published in the Eden Prairie News on the ____ day of ______________, 2019. STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: July 15, 2019 SUBJECT: Park and Open Space Zoning District Rezoning LOCATION: Various City-owned Properties Throughout the City REQUEST: • Zoning District Change from Rural, Public, R1-13.5, R1-9.5, RM-6.5, RM-2.5, I-Gen, Office, and Community Commercial to Park and Open Space Zoning District BACKGROUND In 2017, the City of Eden Prairie adopted a Park and Open Space Zoning District and associated regulations such as permitted uses, setbacks, parking etc. The purpose of creating the Park and Open Space Zoning District was to begin the process of bringing the zoning of the City’s parks into conformance with the City’s 2030 Comprehensive Plan, which was adopted in 2009. The 2030 Plan guides City-owned parks and conservation areas as Park and Open Space. State law requires zoning to conform to the Comprehensive Plan. Now that the zoning district and associated regulations have been adopted, the City is beginning the second phase of the overall process to rezone parks and open spaces. The new zoning classification is designed to ensure these properties remain as parks and open spaces. The Park & Open Space Zoning District restricts permitted uses to those related to parks and open spaces, and does not allow uses related to residential and business development. Park operations and the process of making park improvements will not change, and the new zoning will not affect adjacent private property. The proposed rezoning includes 35 parks, 1 special use area and 15 conservation areas. The proposed rezoning to Park and Open Space provides for zoning that is more consistent with the actual use of the properties, and has more appropriate and consistent regulations. The City-owned properties proposed to be rezoned are currently zoned a variety of different zoning districts including Rural, Public, R1-13.5, R1-9.5, RM-6.5, RM-2.5, I-Gen, Office, and Community Commercial, which provide for differing development standards such as setbacks, building height, parking etc. PUBLIC OUTREACH On June 3, 2019, the City held an Informational Meeting regarding the park and open space rezoning project at the Parks Recreation and Natural Resources Commission meeting. All Staff Report – Park Rezoning Page 2 2 property owners within 500 feet of City-owned parks and conservation areas were invited to attend. This resulted in mailing letters to approximately 9,200 property owners. In addition to a description of the project and meeting details, the letter also directed the property owners to a map on the website identifying all of the parks and conservation areas that are included in this project. After the letters were mailed, staff received approximately 50 phone calls from property owners asking for more information about the project and the process. Approximately 100 residents attended the meeting to gather information and ask questions. A public hearing notice for the Planning Commission meeting was sent to the same list of property owners. The notice invited the property owners to the Planning Commission public hearing as well as a public hearing before the City Council on August 13, 2019. STAFF RECOMMENDATION Recommend approval of the following request: • Zoning District Change from Rural, Public, R1-13.5, R1-9.5, RM-6.5, RM-2.5, I-Gen, Office, and Community Commercial to Park and Open Space Zoning District. §¨¦494 §¨¦494 £¤169 £¤169 £¤169 £¤212 ")62 ")101 ")5 ")62 OP1 OP4 OP62 OP39 OP61 OP60OP4OP101 ")5 OP61 OP61 OP62 OP4 £¤212 £¤212 £¤212 Grass LakeRice Lake Lake Riley Bryant Lake Anderson Lake Staring Lake Rice Marsh Lake Mitchell Lake Red Rock Lake Duck Lake Neill Lake Birch Island Little Rice Lake Lake Smetana Round Lake Eden Lake McCoy Lake Lake Idlewild PARK REZONING MAP Ü00.5 10.25 Miles RURAL R1-22 R1-13.5 R1-9.5 RM-6.5 RM-2.5 OFC C-COM I-GEN I-2 PUB RIGHT-OF-WAY WATER One Family Residential One Family Residential One Family Residential Multi-Family Residential Multi-Family Residential Office Community Commercial General Industrial Industrial Park Public Map prepared by the City of Eden Prairie Planning Division - July 3, 2019 Park Name Birch Island Park Birch Island Woods Conservation Area Bluffs West 1 Bluffs West 2 Cardinal Creek Conservation Area Carmel Park Creekwood Park Crestwood Park Eden Lake Park Eden Valley Park Edenbrook Conservation Area Edenvale Conservation Area Edenvale Park Edgewood Park Flying Cloud Drive Dog Park Forest Hills Park Franlo Park Hidden Ponds Park High Trail Estates Park Holasek Hill Park Homeward Hills Park James A. Brown Conservation Area Lower Purgatory Creek Conservation Area Miller Park Mitchell Marsh Conservation Area Nesbitt Preserve Park Nine Mile Creek Conservation Area Overlook Park Pheasant Woods Park Pioneer Park Prairie Bluff Conservation Area Prairie East Park Prairie View Park Purgatory Creek Park Red Rock Conservation Area Red Rock Lake Park Rice Marsh Lake Park Richard T. Anderson Conservation Area Riley Creek Conservation Area Riley Lake Park Round Lake Park Rustic Hills Park Smetana Lake Park Staring Lake Park Sterling Field Park Timber Creek Conservation Area Topview Park Westgate Conservation Area Willow Park Wyndham Knoll Park Legend Parcels Lakes 1 2 4 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 19 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 1234 5678910111213141516171819 202122232425 2627282930313233343536373839404142434445464748 4950 Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Airport Office Office Neighborhood Commercial Community Commercial Highway Commercial Airport Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Golf Course Water Right of Way TOD-R Transit Oriented Development - Residential Current Zoning of Properties Proposed to be Rezoned to Park and Open Space City-Owned Parks and Conservation Areas Proposed to be Rezoned Current Zoning of Other Properties (For Reference Only) 51 Riley Creek Conservation Area west of Dell Road 51 UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JULY 22, 2019 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Christopher Villarreal, Carole Mette, Balu Iyer CITY STAFF: Julie Klima, City Planner; Rod Rue, City Engineer; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Commission member Villarreal was absent. III. APPROVAL OF AGENDA MOTION: DeSanctis moved, seconded by Kirk to approve the agenda. MOTION CARRIED 8-0. IV. MINUTES MOTION: Iyer moved, seconded by Kirk to approve the minutes of July 8, 2019. MOTION CARRIED 8-0. V. PUBLIC HEARINGS A. PARKS REZONING Request for: • Rezone City owned parks and open space parcels that are not currently zoned as such to Parks/Open Space Klima presented the PowerPoint and the staff report. The purpose was to bring the zoning in conformance with the Comprehensive Plan for more appropriate and consistent regulations. The timeline showed the City adopted a Park and Open Space Zoning District in 2017. The City proposed to rezone City-owned parks, Conservation areas, and special use areas, which included 35 parks, one special PLANNING COMMISSION MINUTES July 22, 2019 Page 2 use area, and 15 conservation areas. This would involve no physical changes and would not affect adjacent property, and thus would not affect the valuation of adjacent private properties. The rezoning restricted uses to those related to parks and open space and further ensured that these areas would remain park and open space. She described the public outreach and review process: notices were sent to approximately 9,200 residents within 500 feet of the affected properties, and these same residents received the notice of the public hearing this night. Approximately 100 residents attended an informational meeting on June 3, 2019 and staff fielded approximately 50 phone calls. The City Council Public Hearing would be scheduled for August 13, 2019. She displayed the rezoning map and the updated version which identified each affected property by number with a legend of names and the current zoning for each. In response to residents’ request to understand setback requirements, Klima displayed a series of tables correlating the current zoning to the future setback requirement. Weber asked if residents would notice anything physically changed to the parks, and if this change would make it more likely to retain the parks as they were. Klima replied there would not be visible changes; only the zoning on the map would change. Any improvements would follow a separate process. This zoning change would preserve park spaces and would restrict uses allowed in commercial or industrial zones. Tom Oakes, an Eden Prairie resident, asked if new development would be allowed in the vicinity of the parks and also inquired as population increases if the City would acquire more park and open space. Klima replied any property privately owned would be governed by the Comprehensive Plan and would follow the usual development process. The proposed zoning change would not affect the adjacent properties. Bourne added Cedar Hills Park was the last planned active use park to be acquired. The might be more conservation areas acquired in the future but there were no plans for more active use parks in Eden Prairie at this time. Eapen Chacko, of 6722 Boyd Avenue, asked the definition of a conservation area versus park, and if a conservation area was to be turned into a park, what would happen to that land. Klima replied the proposed rezoning for Parks and Open Space listed all of the permitted uses, including active parks and conservation areas. There would be no change due to the rezoning. No conservation area would be made into a park and all existing restrictions would remain the same. MOTION: Kirk moved, seconded by Weber to close the public hearing. MOTION CARRIED 8-0. Kirk commended this zoning change as a positive step to protect the land in Eden Prairie that residents valued. Pieper noted this would define and clarify the current land uses without any change to them. PLANNING COMMISSION MINUTES July 22, 2019 Page 3 MOTION: Kirk moved, seconded by Weber to recommend approval of the zoning district change from Rural, Public, R1-13.5, R1-9.5, RM-6.5, RM-2.5, I-Gen, Office, and Community Commercial to Park and Open Space Zoning District based on the staff report dated July 15, 2019. MOTION CARRIED 8-0. VI. PLANNERS’ REPORT VII. MEMBERS’ REPORTS Farr suggested the commission review the signage code for other influences on the public way and residents; cone of vision from a car, speed limits of drivers, number of messages per sign, and proximity to other potentially distracting elements. Pieper agreed this would be a valuable discussion. Higgins noted this site of Variance #2019-03 was a unique place in the City due to its confluence of activities. Kirk concurred. VIII. ADJOURNMENT MOTION: Weber moved, seconded by DeSanctis to adjourn. MOTION CARRIED 8-0. The meeting was adjourned at 8:28 p.m. CITY COUNCIL AGENDA SECTION: Public Hearings DATE: August 13, 2019 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Julie Klima ITEM DESCRIPTION: Arby’s ITEM NO.: IX.B. Requested Action Move to: • Close the Public Hearing; and • Approve the site plan and architectural design on 1.14 acres; and • Direct Staff to prepare an Amendment of the Developer’s Agreement incorporating Staff recommendations and Council conditions. Synopsis The applicant is proposing interior and exterior remodel of the current Arby’s restaurant. The building was built in 1989 and the applicant will be making changes to update the building. The proposed changes include the following: • Change exterior building elevations to a more modern façade. • Resurface and restripe the parking lot. • Add a landscaped island so the parking lot meets City code requirements. • Install a sidewalk connection to Franlo Road. • Update and re-face existing signage. All new signs will need to comply with City Code, Chapter 11.70 and will require separate sign permits. • Add landscaping to replace landscaping that has been removed over the years and not replaced. • The rooftop mechanicals visible from Prairie Center Drive will be screened with premanufactured panels. The screening material will be reviewed and approved prior to the issuance of a building permit. Background In 1989, the Arby’s restaurant was approved and a building was constructed on the current 1.14- acre site. The building is currently 3,510 square feet. The building faces both Prairie Center Drive and Franlo Road. Access to the parking lot comes from the private ring road around the mall. The proponent is proposing to some interior remodeling, update the building facades and building materials and make some minor site improvements. The site improvements and the exterior remodel are consistent with recently adopted City design guidelines and associated code amendments. The proposal meets the parking lot island, façade articulation, and roofline variation requirements and exceeds the landscaping requirements. The façade improvements include a change in the roof style with roof line variations, color variations and different arrangement of building materials. The building will include brick, stone, glass and some EIFS. Each of the facades meet or exceed the 75% requirement. The following figures are an example of the existing façade and the proposed façade changes. The original Developer’s Agreement was approved in 1989. An amendment of the original Developer’s Agreement is being prepared and will address the specific details of this project. The proposed Arby’s remodel project is considered to be a Minor Amendment to an approved Site Plan and Architectural Design therefore it is being considered by the City Council only, without referral by the Planning Commission. The 120-Day Review Period Expires on October 17, 2019. Attachments 1. Guide Plan Map 2. Zoning Map 3. Aerial Map Proposed building façade facing Franlo Road PRAIRIE CENTERFLYING CLOUDJOINERFRANLOW I L D E RPRESERVEMEDCO M MIDDLESET CARDIFFSHANNONFLYING CLOUDCARDI FFStreamsPrincipal ArterialA Minor ArterialB Minor ArterialMajor CollectorMinor Collector City of Eden Prairie Land Use GuidePlan Map 2000-2030 ¯ DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008 DATE Revised 02-23-06 DATE Approved 03-19-03DATE Revised 01-07-05DATE Revised 11-07-05 DATE Revised 03-23-06DATE Revised 06-23-06 DATE Revised 12-06-06DATE Revised 03-01-07DATE Revised 06-01-07DATE Revised 10-01-07DATE Revised 03-01-08DATE Revised 03-01-09 Guide Plan Map:Arby'sAddress: 560 Prairie Center DriveEden Prairie, MN 55344 Rural Residential 0.10 Units/Acre Low Density Residential 0-2.5 Units/Acre Low Density/Public/Open Space Medium Density residential 2.5-10 Units/Acre Medium Density Residential/Office High Density Residential 10-40 Units/Acre Airport Office Office/Industrial Office/Public/Open Space Industrial Neighborhood Commercial Community Commercial Regional Commercial Town Center Park/Open Space Public/Quasi-Public Golf Course Church/ Cemetary Open Water Right-Of-Way CityLimits 340 0 340170 Feet ProjectSite Medium High Density Residential 10-40 Units/Acre 40-75 Units/Acre City of Eden Prairie Zoning Map In case of discrepency related to a zoning classification on this zoning map, the Ordinanceand attached legal description on file at Eden Prairie City Center will prevail. ¯ Shoreland Management Classifications 100 - Year Floodplain Natural Environment WatersRecreational Development WatersGeneral Development Waters (Creeks Only)GD NERD Up dated through approved Ordinances #26-2008Ordinance #33-2001 (BFI Addition) approved, but not shown on this map editionDate: March 1, 2009 0 0.150.075 Miles DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008 Zoning Map - Arby's560 Prairie Center DriveEden Prairie, MN 55344 Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max.RM-2.5 Multi-Family-17.4 U.P.A. max. Office Neighborhood Commercial Community Commercial Highway Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min.General Industrial - 5 Acre Min. Public Golf Course Water Right of Way CityLimits Prairie Center DriveFlyingCloudDrive FranloRoadPreserveBlvd.Arby's Site MALL ¯ Aerial Map: Arby'sAddress: 560 Prairie Center DriveEden Prairie, Minnesota 55344 0 180 36090 Feet PrairieCenter DriveFranloRd.Arby's Site Library Mall PreserveBoulevard CITY COUNCIL AGENDA SECTION: Public Hearings DATE: August 13, 2019 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Beth Novak-Krebs ITEM DESCRIPTION: Oak Point Elementary School Parking Lot Addition ITEM NO.: IX.C. Requested Action Move to: •Close the Public Hearing; and •Adopt a Resolution for Site Plan Review on 23.05 acres Synopsis The applicant is proposing to construct additional parking at Oak Point Elementary School. The property is located at 13400 Staring Lake Parkway at the intersection of Anderson Lakes Parkway and Staring Lake Parkway. The 23.05-acre property includes the school, parking, balls fields and playground areas. The new 85-stall parking lot is proposed west of the lower parking lot south of the school. The proposed project also includes construction of a stormwater basin west of the new parking lot, code compliant landscape islands in the parking lot and landscape screening on the south side of the parking lot to provide screening from Staring Lake Parkway. The proposed parking lot is primarily for staff parking and there is an existing sidewalk providing pedestrian access to the school. Background At the July 8, 2019 Planning Commission meeting, a variance from the Shoreland Code was granted to allow greater than 30% of the site as impervious surface. The current impervious coverage is 36.4% and the variance allows 38.74%. The Planning Commission also voted 7-0 to recommend approval of the Site Plan. In order to keep the project moving forward, the Council authorized the issuance of an early Land Alteration Permit at the request of the Developer at their July 16, 2019 meeting. This allows the applicant to begin the project so the improvements can be completed early in the school year. Attachments 1. Resolution for Site Plan2.Staff Report3.Guide Plan Map 4. Zoning Map5. Aerial photo6. Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-___ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR ADDING A PARKING LOT AT OAK POINT ELEMNETARY SCHOOL BY EDEN PRAIRIE INDEPENDENT SCHOOL DISTRICT 272 WHEREAS, The Eden Prairie Independent School District 272, has applied for Site Plan approval of the Oak Point Elementary School Parking Lot to construct an 85 stall parking lot on the south side of the school; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its July 8, 2019 meeting and recommended approval of said site plan; and WHEREAS, the City Council has reviewed said application at a public hearing at its August 13, 2019 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to Eden Prairie Independent School District 272 based on the Site Plan stamp dated June 28, 2019 reviewed and approved by the City Council on August 13, 2019. ADOPTED by the City Council of the City of Eden Prairie this 13th day of August, 2019. _______________________ Ronald A. Case, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk SITE STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: July 2, 2019 SUBJECT: Oak Point Elementary School Parking Lot LOCATION: 13400 Staring Lake Parkway APPLICANT: Anderson-Johnson Associates, Inc. OWNER: Eden Prairie Schools 120- REVIEW September 6, 2019 REQUEST:  Variance from Shoreland Code to allow impervious surface to exceed the City Code requirement of 30%.  Site Plan Review on 23.05 acres BACKGROUND The applicant is requesting approval of a variance and a site plan to build additional parking at Oak Point Elementary School. The property is located at 13400 Staring Lake Parkway at the intersection of Anderson Lakes Parkway and Staring Lake Parkway. The 23.05-acre property includes the school, parking, balls fields and playground areas. Purgatory Creek runs along the west side of the property through a separate lot owned by the school district. The creek corridor and the west side of the school property is heavily wooded. Residential uses are located beyond the creek and the streets that bound the school property. The property is currently guided Public/Semi Public. The property is currently zoned Staff Report – Oak Point Elementary School Page 2 2 Public. The school and associated improvements (i.e. parking lots, playgrounds, ball fields) are consistent with zoning. With proximity to the creek, the property is located in the Shoreland Overlay Zone. Properties within the Shoreland are limited to 30% impervious surface coverage. The current impervious coverage on the site is 36.4%. Since the school and subsequent additions occurred prior to the adoption of the Shoreland Code, the site is non-conforming. The proposed addition of the parking lot will add 24,050 square feet of impervious surface. This increases the total impervious coverage on the site after the addition of the parking to 38.74% for the 23.05 acre lot. The applicant is requesting a variance to exceed 30%. The School District also owns a 7.96 acre lot just to the west of the school property. If the School District combined the two lots, the percent impervious surface would be 28.78% and conform. VARIANCE REVIEW – Variance Request #2018-02 “Practical difficulties” is a legal standard set forth in law that cities must apply when considering applications for variances. It is a three-factor test and applies to all requests for variances. To constitute practical difficulties, all three factors of the test must be satisfied. The three practical difficulties include reasonableness; uniqueness; and essential character of the neighborhood is maintained. Reasonable use of the property - The first factor is the property owner proposes to use the property in a reasonable manner. This factor means that the landowner would like to use the property in a particular reasonable way, but cannot do so under the rules of the ordinance. The landowner proposes to use the property in a manner consistent with the existing land use. The proposed use is consistent with the underlying Comprehensive Guide Plan and underlying zoning. It is reasonable to add parking to a school site. The applicant is also proposing stormwater management for the site. Unique circumstances - The second factor is that the landowner’s problem is due to circumstances unique to the property not caused by the landowner. The site already exceeds the maximum 30% impervious coverage. The school and all of the subsequent building additions occurred prior to the adoption of the Shoreland Code in 1996. Although this project adds impervious surface, the variance would address the existing and proposed impervious coverage of the site. If the applicant combined the school property and the lot with the creek running through it, the percent impervious would be conforming at 28.78%. Essential character of neighborhood - The third factor is that the variance, if granted, will not alter the essential character of the locality. Under this factor, consider whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the surrounding area. The proposed parking lot will not alter the essential character of the area. The site has existing parking lots, which are common elements of a school property. The proposed parking lot is not Staff Report – Oak Point Elementary School Page 3 3 visible from Anderson Lakes Parkway and the applicant is proposing landscape plantings to screen it from Staring Lake Parkway. SITE PLAN In 1993, a Site Plan was approved for the site when the School District constructed a pool addition onto the building. This site plan would be an amendment of the already approved site plan to add the proposed parking lot. The school building runs generally north and south on the site. The site is higher in elevation along Anderson Lakes Parkway and drops off toward the back of the property. Therefore, there is an upper and lower parking lot. The bus drop off and pick-up is in the upper parking lot, which is on the east side of the school. The upper parking lot supports visitors, volunteers and some staff. The parent drop off and parking is in the lower parking lot, which is on the south side of the school. The proposed new parking lot includes 85 parking stalls and it is located to the west of the lower parking lot. The new parking lot will primarily support staff parking. There will be two entrances to the new parking lot from the drive used for circulation for parent drop off. Primarily staff will be parked before parent drop off begins. The parking lot includes code compliant parking lot islands and landscaping within the islands. LANDSCAPE PLAN The proposal includes parking lot islands with canopy trees and shrubs in compliance with City Code. In addition, the plan includes proposed canopy trees along the perimeter of the parking lot and a mix of evergreen trees and shrubs along the south side of the parking lot to screen it from Staring Lake Parkway. No tree replacement is required for this project. Staff Report – Oak Point Elementary School Page 4 4 SIDEWALKS There is currently a sidewalk along the west side of the drive that provides access to the new parking lot. The current sidewalk extends from the public sidewalk along Staring Lake Parkway to the playground and building entrance. The sidewalk sections will be replaced where the entrances to the new parking lot cross the sidewalk. DRAINAGE The applicant is proposing a stormwater basin along the west side of the proposed parking lot. The stormwater management basin is designed to handle runoff from the new parking lot. The applicant is working with the Riley Purgatory Creek Watershed District to obtain a permit. LIGHTING The proposal include four pole lights in the parking lot. The proposed lights will include LED bulbs and the plan is code compliant. STAFF RECOMMENDATION The granting of the variance is in harmony with intent and general purposes of the ordinance and the nature of the variance requested are consistent with the comprehensive guide plan.  Recommend approval of Variance Final Order #2018-02 subject to plans stamp dated June 28, 2019 and contingent upon Site Plan approval.  Recommend approval of the Site Plan Review on 23.05 acres contingent upon approval of the requested Variance Final Order #2018-02. This is based on plans stamp dated June 28, 2019, staff report dated July 2, 2019 and the following conditions: 1. Prior to land alteration permit issuance, the applicant shall: A. Submit detailed storm water runoff, wetland, utility, street and erosion control plans for review and approval by the City Engineer. B. Submit a landscape letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping. C. Obtain and provide documentation of Watershed District approval. D. Notify the City and Watershed District 48 hours in advance of grading. E. Install erosion control at the grading limits of the property for review and approval by the City. F. Submit a Conservation Easement over the creek, wetland and wetland buffer on the school property for review and approval by the City. Staring Lake COLUMBINEFLYING CLOUDSTARING LAKECARMODY AZTECCUM B ERLA N D ESSEXGARDENMORGAN PRI NCETONPRIMROSE FLESHERCASTLEMOOR T U S S O C K DURUM BUSHMASSI ESHILOHFLYING CLOUDStreamsPrincipal ArterialA Minor ArterialB Minor ArterialMajor CollectorMinor Collector City of Eden Prairie Land Use GuidePlan Map 2000-2030 ¯ DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008 DATE Revised 02-23-06 DATE Approved 03-19-03DATE Revised 01-07-05DATE Revised 11-07-05 DATE Revised 03-23-06DATE Revised 06-23-06 DATE Revised 12-06-06DATE Revised 03-01-07DATE Revised 06-01-07DATE Revised 10-01-07DATE Revised 03-01-08DATE Revised 03-01-09 Guide Plan Map: Oak Point Elementary SchoolAddress:13400 StaringLake PkwyEden Prairie, Minnesota 55347 Rural Residential 0.10 Units/Acre Low Density Residential 0-2.5 Units/Acre Low Density/Public/Open Space Medium Density residential 2.5-10 Units/Acre Medium Density Residential/Office High Density Residential 10-40 Units/Acre Airport Office Office/Industrial Office/Public/Open Space Industrial Neighborhood Commercial Community Commercial Regional Commercial Town Center Park/Open Space Public/Quasi-Public Golf Course Church/ Cemetary Open Water Right-Of-Way CityLimits 960 0 960480 Feet SITE Staring Lake Pkwy RD COLUMBINEFLYING CLOUDSTARING LAKECARMODY AZTECC H E S T N U T C U MBE R LAND ESSEXGARDENMORGAN DARNELPRIMROSE FLESHERCASTLEMOOR DURUM BUSHSHILOH FLYING CLOUDCity of Eden Prairie Zoning Map In case of discrepency related to a zoning classification on this zoning map, the Ordinanceand attached legal description on file at Eden Prairie City Center will prevail. ¯ Shoreland Management Classifications 100 - Year Floodplain Natural Environment WatersRecreational Development WatersGeneral Development Waters (Creeks Only)GD NERD Up dated through approved Ordinances #26-2008Ordinance #33-2001 (BFI Addition) approved, but not shown on this map editionDate: March 1, 2009 0 0.40.2 Miles DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008 Zoning Map: Oak Point Elementary SchoolAddress: 13400 Staring Lake PkwyEden Prairie, MN 55347 Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Office Neighborhood Commercial Community Commercial Highway Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Golf Course Water Right of Way CityLimits SITE Staring Lake Pkwy ¯ Aerial Map: Oak Point Elementary SchoolAddress:13400 Staring Lake PkwyEden Prairie, Minnesota 55347 0 500 1,000250 Feet SITE StaringLakeParkwayAnderson Lakes Parkway FlyingCloudDriveColumbineRoadG ard e n L a n e EssexCourtCumberlandLaneKnollwoodDr APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JULY 8, 2019 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Christopher Villarreal, Carole Mette, Balu Iyer CITY STAFF: Julie Klima, City Planner; Rod Rue, City Engineer; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Commission member Iyer and Villarreal were absent. III. APPROVAL OF AGENDA MOTION: Kirk moved, seconded by Mette to approve the agenda. MOTION CARRIED 7-0. IV. MINUTES MOTION: Weber moved, seconded by DeSanctis to approve the minutes of June 10, 2019. MOTION CARRIED 7-0. V. PUBLIC HEARINGS A. OAK POINT ELEMENTARY SCHOOL SITE PLAN AND VARIANCE #2018-02 Request for: • Variance from Shoreland Code to allow impervious surface to exceed the City Code requirement of 30% • Site Plan Review on 23.05 acres Jay Pomeroy with Anderson Johnson Associates presented a PowerPoint and detailed the application. The school is located on a parcel with 23 acres, with an adjoining parcel of 8 acres to the west. The variance would increase the PLANNING COMMISSION MINUTES July 8, 2019 Page 2 impervious surface from 36.36 percent to 38.74 percent on the 23 acre parcel. The parking lot would be expanded on the southwest corner of the property, just over the ball fields, for a total of 84 cars. The parking lot would ease congestion on the site. An 18-inch deep infiltration basin would be constructed to the west. The proposed project also included landscaping and screening. DeSanctis asked if the two ballfields southwest of school was utilized by Eden Prairie recreational leagues, and Pomeroy replied they were not; they were used exclusively by the school. DeSantis asked what the rational was for using impervious concrete instead of a more sustainable alternative. Pomeroy replied porous pavers and porous concrete were considered, but would require an infiltration below ground. The issue of maintenance during the winter months and cost drove the choice of materials. Also, the soil on site limited the choice according to Watershed District standards. Mette asked what drove this need for a larger parking lot. Pomeroy replied school design has changed over time, with fewer students traveling by bus and more dropped off by parents. The Spanish Immersion School changed some demographics and drove a change in traffic circulation, causing congestion of traffic from Staring Lake Road. Higgins noted in her experience on site the parallel parking could make it confusing to find a parking spot and to navigate with buses. She added it was also confusing to know where to park considering some areas were for staff and she welcomed an improvement. She asked for a timeline. Pomeroy estimated construction would begin in August with a completion date perhaps in October, 2019. Farr noted this would become the only elementary school in Eden Prairie without ballfields. Pomeroy replied there was no motivation to eliminate ballfields; it was a balance between parking and open space. The playground to the north would offer a youth-size softball field and there was open space to provide for t-ball and other activities. That playground was always busy, whereas the ballfields were not. Farr suggested reaching out to residents in the vicinity regarding the repurposing of the open space. Farr also asked for more detail on ingress and egress. Pomeroy replied the two outbound lanes shown in one of the plans had been eliminated after meeting with staff. Farr noted the exit would still be congested, and asked why not have the north entrance and exit as the only access to the parking lot for better circulation. Pomeroy replied this was considered, but staff asked for the second south entrance and exit. Since staff arrived first and left last, he did not see an issue with stacking. The southern access could be coned off as necessary. Farr noted the plan called for LED lighting and asked if the current lot was lit by LED lights and if not, if there was a conversion plan in place. Pomeroy replied the lot was not lit by LED, but the school district had a long-term plan to convert to LED lighting; that was, however, not a part of this project. DeSanctis asked for and received clarification that these plans were reviewed at the Riley-Purgatory Watershed Board Meeting of March, 2019 and were not PLANNING COMMISSION MINUTES July 8, 2019 Page 3 scheduled for March, 2020. Pieper asked for and received clarification the south parking lot was for overflow parking. Klima presented the staff report. The variance was to exceed the impervious surface requirement in the shoreland district and a site plan approval for the entire site due to the addition of the parking lot. The variance did meet the three-part test, the parking lot did satisfy all City standards, and staff recommended approval of both requests. Mette asked if the additional seven-acre parcel would be rezoned. Klima replied this parcel was owned by the school district and zoned public, which would not change; only City-owned properties would be rezoned as part of the parks rezoning. Farr noted there was on the south side of the property there were two utility easements running parallel to each other: a water main and a gas pipeline without a pipe utility in it. He asked if the gas pipeline was vacated and/or would the storm sewer cross it and if so, if there would be any issues with this. Rue replied the applicant’s civil engineer looked at this. The gas main was an older one and could be fairly deep, perhaps deeper than normal, and it was potholed. Pomeroy replied the gas main would be potholed again before the start of construction. It was likely three to four feet deep, and the storm sewer would be laid beneath it. MOTION: Kirk moved, seconded by DeSanctis to close the public hearing. MOTION CARRIED 7-0. MOTION: Kirk moved, seconded by Higgins to approve Variance #2018-02 based on the staff report dated July 2, 2019 and plans stamp-dated June 28, 2019. MOTION CARRIED 7-0. MOTION: Kirk moved, seconded by DeSanctis to recommend approval of the site plan review on 23.05 acres staff report dated July 2, 2019 and plans stamp-dated June 28, 2019 and the findings and conditions in the final order number 2018-02. MOTION CARRIED 7-0. B. SOUTHWEST TRANSIT NORTH BUS ENTRY/OFFICE ADDITION Request for: • Planned Unit Development District Amendment on 10.05 acres • Site Plan Review on 10.05 acres Len Simich, CEO of Southwest Transit, introduced Gary Hay of Hay Dobbs Architects and briefly explained the need for the garage expansion. This was to become the new corporate office for Southwest Transit since the current one was being displaced with the building of the LRT line, and to clean up the circulation of the business in and out of the site. Hay Dobbs displayed a PowerPoint and PLANNING COMMISSION MINUTES July 8, 2019 Page 4 detailed the application. The applicant would construct a 2,689 square foot building addition for a bus entry and offices on at the front of the building. The site would include an existing maintenance garage with warehouse and office space. The two-story building addition would include the bus entry on the first floor and offices on the second floor. The materials included face brick, glass and metal panels. The roof heights varied due to the screening elements, although the roof elevation remained at the same height. Hay displayed the elevation seen east to west on Highway 62 showing the varying roof heights and material choices. The second floor office would include a collaboration space. DeSanctis commended the thoughtful presentation and the aesthetics of the building. He asked if there was an opportunity to introduce solar energy as a supplemental source of energy. Hay replied when exploring this in other projects he found the cost to be prohibitive. There might be an opportunity in the future given the scale of this building. Klima presented the staff report. This was essentially a Phase II project and no waivers were proposed as the needed waivers were addressed previously. The landscape plan exceeded City requirements. Staff would continue to work with the applicant on the compliance of the Class II materials. Staff recommended approval. Pieper asked if this expansion had been brought forward at the previous public hearing for phase I in 2018, if staff would have had any concerns, and Klima replied there would have been no concerns from staff. MOTION: Farr moved, seconded by Weber to close the public hearing. MOTION CARRIED 7-0. Mette commended the design and the choice of materials, particularly the zinc which was not inexpensive. Pieper concurred. Farr also commended the choice of the materials. MOTION: Farr moved, seconded by Kirk to recommend approval of Southwest Transit northwest entry office addition based on the staff report dated July 2, 2019 and the plans June 11, 2019. MOTION CARRIED 7-0. VI. PLANNERS’ REPORT VII. MEMBERS’ REPORTS VIII. ADJOURNMENT MOTION: Weber moved, seconded by DeSantis to adjourn. MOTION CARRIED 7-0. The meeting was adjourned at 7:46 p.m. CITY COUNCIL AGENDA SECTION: Public Hearings DATE: August 13, 2019 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/ Beth Novak-Krebs ITEM DESCRIPTION: SouthWest Transit Garage Building Addition for Bus Entry and Offices ITEM NO.: IX.D. Requested Action Move to: •Close the Public Hearing; and •Approve the 1st Reading of the Ordinance for the Planned Unit Development District Review on 10.05 acres •Direct Staff to prepare a Development Agreement incorporating Staff and Commissionrecommendations and Council conditions Synopsis The applicant is proposing to construct a building addition for a bus entry and offices on the property located at 14405 62nd Street W. The property is located south of 62nd Street W and just east of Indian Chief Road. The site includes an existing 100,256 square foot maintenance garage with warehouse and office space. The applicant is proposing to add a 2,689 square foot two- story addition onto the front of the building. The first story is being proposed as a bus entry, and the second story as office space. Background The future construction of the Southwest LRT, the demolition of the SouthWest Transit corporate offices on Technology Drive, and the relocation of SouthWest Transit staff from the corporate offices to this site creates the need for additional office space. The proposed bus entry will allow the busses to pull into the garage to park and eliminating the need to back into the garage at the rear of the building. The project also includes some improvements to the existing office space including new façade material, creating a new entrance to the offices and some interior remodeling. SouthWest Transit is in the process of constructing parking improvements that were approved last year. When both projects are completed, the site will include approximately 139 parking stalls. SouthWest Transit has identified a typical business need of 115 parking stalls. During special events, the need increases to 140 to 187. Planned Unit Development Waivers This proposed project does not require any waivers. The parking lot improvement plan approved in 2018 included several waivers. This project is an amendment to the existing Planned Unit Development approvals. There will be updated Exhibit B Plans referenced in the Development Agreement reflecting the improvements proposed with this project. Building Architecture and Materials The existing building was built in 1986 and has a simple architectural style with precast concrete building materials common for industrial buildings of that era. The proposed addition is more modern and complements the existing building. The addition includes roofline variation and varying wall planes. The existing building along with the addition meets the building material standards. The addition will include glass, face brick, and metal panels. Drainage A Stormwater Management Plan was approved with the parking lot expansion project in 2018. Anticipating this proposed project, the stormwater management plan took into account the amount of impervious area planned for this project. The applicant will work with the Watershed District obtain any necessary permits. Sustainable Features The applicant is proposing to incorporate the following sustainable features into the project: • Reuse of furniture, fixtures, and equipment (FFE), • Use of recycled content carper components, burnished concrete block interior areas to reduce use of drywall, renewable resource windowsills and frames • Use of a high performance HVAC system, • Using low energy light fixtures and low-flow toilets • Consolidating staff to this location will eliminate redundancies Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the July 8, 2019 meeting. Attachments 1. Ordinance for PUD 2. Staff Report 3. Guide Plan Map 4. Zoning Map 5. Aerial photo 6. Planning Commission Minutes SOUTHWEST TRANSIT GARAGE ADDITION FOR BUS ENTRY AND OFFICES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2019-PUD-_-2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Industrial (I-2) Zoning District -2019-PUD-_-2019 (hereinafter "PUD-_-2019- ”). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of entered into between Southwest Transit a joint powers entity formed by the Cities of Chanhassen, Chaska, and Eden Prairie formerly known as SouthWest Metro Transit Commission, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2019- , and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-_-2019- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2019- is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2019- are justified by the design of the development described therein. D. PUD-_-2019- is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended in the Industrial (I-2) zoning District hereafter in the Planned Unit Development PUD- _-2019- and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 13th day of August, 2019, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ____ day of ________, 2019. ATTEST: __________________________________ ___________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on__________________, 2019. EXHIBIT A PUD Legal Description Legal Description Lot 1, Block 1, Reuter Addition, according to the recorded plat thereof, Hennepin County, Minnesota (Abstract Property) 62nd Street W SouthWest Transit Garage Indian Chief Rd STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: July 2, 2019 SUBJECT: SouthWest Transit Garage LOCATION: 14405 62nd Street W APPLICANT: OWNER: 120-DAY REVIEW: REQUEST: Len Simich SouthWest Transit October 3, 2019  Planned Unit Development District Review on 10.05 acres  Site Plan Review on 10.05 acres BACKGROUND The applicant is proposing to construct a building addition for a bus entry and offices on the property located at 14405 62nd Street W. The property is located south of 62nd Street W and just east of Indian Chief Road. The site includes an existing 100,256 square foot maintenance garage with warehouse and office space. Nine Mile Creek runs along the northeast side of the property. There are industrial uses to the south and east and a golf course west. The office space for SW Transit is at the front of the building with bus maintenance and storage in the remainder of the building. The applicant is proposing to add a 2,689 square foot two-story addition onto the front of the building. The first story is being Staff Report – SouthWest Transit Garage - Bus Entry and Office Addition Page 2 2 Existing building Existing office space Proposed Addition proposed as a bus entry, so buses can pull into the building to park and exit at the back of the building without having to back the buses into the garage. The second story is being proposed as office space. The future construction of the Southwest LRT, the demolition of the SouthWest Transit corporate offices on Technology Drive, and the relocation of SouthWest Transit staff from the corporate offices to this site creates the need for additional office space. SITE PLAN The building addition will be located in front of the building in the corner of the existing office space and the truck washing bay. The applicant is also proposing to provide a paved access to the addition. This would require a reconfiguration of the north end of the parking row in front of the building and it would result in the loss of 4 parking stalls. PARKING SouthWest Transit is in the process of constructing parking improvements that were approved last year. The approved plan includes 143 parking stalls on the site. SouthWest Transit has identified a typical business need of 115 parking stalls. During special events, the need increases to 140 to 187 Existing Office Space Location of proposed addition Staff Report – SouthWest Transit Garage - Bus Entry and Office Addition Page 3 3 stalls because of the number of drivers needed. With the loss of 4 parking stalls with this proposed project, there will still be 139 parking stalls on site. PLANNED UNIT DEVELOPMENT WAIVERS This proposed project does not require any waivers. The parking lot improvement plan approved in 2018 included several waivers. This project is an amendment to the existing Planned Unit Development approvals. There will be updated Exhibit B Plans referenced in the Development Agreement reflecting the improvements proposed with this project. BUILDING ARCHITECTURE AND MATERIALS The existing building was built in 1986 and has a simple architectural style with precast concrete building materials common for industrial buildings of that era. The proposed addition is more modern and complements the existing building. The addition includes roofline variation and varying wall planes. The existing building along with the addition meets the building material standards. The addition will include glass, face brick, and metal panels. LANDSCAPING The project requires 8 caliper inches of landscaping. The applicant is proposing to add 20 caliper Looking south at the front of the building Looking west at the building addition Staff Report – SouthWest Transit Garage - Bus Entry and Office Addition Page 4 4 inches of trees, which meets and exceeds the requirement. Tree replacement is not required for this project. DRAINAGE A Stormwater Management Plan was approved with the parking lot expansion project in 2018. Anticipating this proposed project, the stormwater management plan took into account the amount of impervious area planned for this project. The applicant will work with the Watershed District obtain any necessary permits. SUSTAINABLE FEATURES The applicant is proposing to incorporate the following sustainable features into the project:  Reuse of furniture, fixtures, and equipment (FFE),  Use of recycled content carper components, burnished concrete block interior areas to reduce use of drywall, renewable resource windowsills and frames  Use of a high performance HVAC system,  Using low energy light fixtures and low-flow toilets  Consolidating staff to this location will eliminate redundancies STAFF RECOMMENDATION Recommend approval of the following requests:  Planned Unit Development District Review on 10.05 acres  Site Plan Review on 10.05 acres This is based on plans stamp dated June 11, 2019 and the following conditions: 1. Prior to the 1st reading by the City Council, the applicant shall: A. Revise the plans to reflect the changes to the parking lot improvement plan approved in 2018. B. Revise the plans to more clearly show the new conservation easement boundary that was determined based on the wetland delineation completed with the parking lot expansion project. 62ND EDENVALECOUNTY ROAD 62 CARLSONINDIAN CHIEFBURYINDUSTRIALTANAGERMANCHESTERC O U N T Y R O A D 6 2 StreamsPrincipal ArterialA Minor ArterialB Minor ArterialMajor CollectorMinor Collector City of Eden Prairie Land Use GuidePlan Map 2000-2030 ¯ DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008 DATE Revised 02-23-06 DATE Approved 03-19-03DATE Revised 01-07-05DATE Revised 11-07-05 DATE Revised 03-23-06DATE Revised 06-23-06 DATE Revised 12-06-06DATE Revised 03-01-07DATE Revised 06-01-07DATE Revised 10-01-07DATE Revised 03-01-08DATE Revised 03-01-09 Guide Plan Map: SW Transit Garage Bus Entry & Office AdditionAddress:14405 W 62nd StreetEden Prairie, Minnesota 55347 Rural Residential 0.10 Units/Acre Low Density Residential 0-2.5 Units/Acre Low Density/Public/Open Space Medium Density residential 2.5-10 Units/Acre Medium Density Residential/Office High Density Residential 10-40 Units/Acre Airport Office Office/Industrial Office/Public/Open Space Industrial Neighborhood Commercial Community Commercial Regional Commercial Town Center Park/Open Space Public/Quasi-Public Golf Course Church/ Cemetary Open Water Right-Of-Way CityLimits 590 0 590295 Feet SITE 62ND ED ENVA LECOUNTY ROAD 62 CARLSONINDIAN CHIEFBURYINDUSTRIALBIRCH ISLAND TANAGERMANCHESTERC O U N T Y R O A D 6 2 City of Eden Prairie Zoning Map In case of discrepency related to a zoning classification on this zoning map, the Ordinanceand attached legal description on file at Eden Prairie City Center will prevail. ¯ Shoreland Management Classifications 100 - Year Floodplain Natural Environment WatersRecreational Development WatersGeneral Development Waters (Creeks Only)GD NERD Up dated through approved Ordinances #26-2008Ordinance #33-2001 (BFI Addition) approved, but not shown on this map editionDate: March 1, 2009 0 0.250.125 Miles DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008 Zoning Map: SW Transit Garage Bus Entry & Office AdditionAddress: 14405 W 62nd StreetEden Prairie, MN 55347 Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Office Neighborhood Commercial Community Commercial Highway Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Golf Course Water Right of Way CityLimits SITE ¯ Aerial Map: SouthWest Transit Garage Bus Entry & Office AdditionAddress:14405 62nd Street WEden Prairie, Minnesota 0 360 720180 Feet SITE County Road 62 W 62nd Street Indian Chief RoadIndustrialDriveCarlsonDriveEdenvaleB oulevard APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JULY 8, 2019 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Christopher Villarreal, Carole Mette, Balu Iyer CITY STAFF: Julie Klima, City Planner; Rod Rue, City Engineer; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Commission member Iyer and Villarreal were absent. III. APPROVAL OF AGENDA MOTION: Kirk moved, seconded by Mette to approve the agenda. MOTION CARRIED 7-0. IV. MINUTES MOTION: Weber moved, seconded by DeSanctis to approve the minutes of June 10, 2019. MOTION CARRIED 7-0. V. PUBLIC HEARINGS A. OAK POINT ELEMENTARY SCHOOL SITE PLAN AND VARIANCE #2018-02 Request for: • Variance from Shoreland Code to allow impervious surface to exceed the City Code requirement of 30% • Site Plan Review on 23.05 acres Jay Pomeroy with Anderson Johnson Associates presented a PowerPoint and detailed the application. The school is located on a parcel with 23 acres, with an adjoining parcel of 8 acres to the west. The variance would increase the PLANNING COMMISSION MINUTES July 8, 2019 Page 2 impervious surface from 36.36 percent to 38.74 percent on the 23 acre parcel. The parking lot would be expanded on the southwest corner of the property, just over the ball fields, for a total of 84 cars. The parking lot would ease congestion on the site. An 18-inch deep infiltration basin would be constructed to the west. The proposed project also included landscaping and screening. DeSanctis asked if the two ballfields southwest of school was utilized by Eden Prairie recreational leagues, and Pomeroy replied they were not; they were used exclusively by the school. DeSantis asked what the rational was for using impervious concrete instead of a more sustainable alternative. Pomeroy replied porous pavers and porous concrete were considered, but would require an infiltration below ground. The issue of maintenance during the winter months and cost drove the choice of materials. Also, the soil on site limited the choice according to Watershed District standards. Mette asked what drove this need for a larger parking lot. Pomeroy replied school design has changed over time, with fewer students traveling by bus and more dropped off by parents. The Spanish Immersion School changed some demographics and drove a change in traffic circulation, causing congestion of traffic from Staring Lake Road. Higgins noted in her experience on site the parallel parking could make it confusing to find a parking spot and to navigate with buses. She added it was also confusing to know where to park considering some areas were for staff and she welcomed an improvement. She asked for a timeline. Pomeroy estimated construction would begin in August with a completion date perhaps in October, 2019. Farr noted this would become the only elementary school in Eden Prairie without ballfields. Pomeroy replied there was no motivation to eliminate ballfields; it was a balance between parking and open space. The playground to the north would offer a youth-size softball field and there was open space to provide for t-ball and other activities. That playground was always busy, whereas the ballfields were not. Farr suggested reaching out to residents in the vicinity regarding the repurposing of the open space. Farr also asked for more detail on ingress and egress. Pomeroy replied the two outbound lanes shown in one of the plans had been eliminated after meeting with staff. Farr noted the exit would still be congested, and asked why not have the north entrance and exit as the only access to the parking lot for better circulation. Pomeroy replied this was considered, but staff asked for the second south entrance and exit. Since staff arrived first and left last, he did not see an issue with stacking. The southern access could be coned off as necessary. Farr noted the plan called for LED lighting and asked if the current lot was lit by LED lights and if not, if there was a conversion plan in place. Pomeroy replied the lot was not lit by LED, but the school district had a long-term plan to convert to LED lighting; that was, however, not a part of this project. DeSanctis asked for and received clarification that these plans were reviewed at the Riley-Purgatory Watershed Board Meeting of March, 2019 and were not PLANNING COMMISSION MINUTES July 8, 2019 Page 3 scheduled for March, 2020. Pieper asked for and received clarification the south parking lot was for overflow parking. Klima presented the staff report. The variance was to exceed the impervious surface requirement in the shoreland district and a site plan approval for the entire site due to the addition of the parking lot. The variance did meet the three-part test, the parking lot did satisfy all City standards, and staff recommended approval of both requests. Mette asked if the additional seven-acre parcel would be rezoned. Klima replied this parcel was owned by the school district and zoned public, which would not change; only City-owned properties would be rezoned as part of the parks rezoning. Farr noted there was on the south side of the property there were two utility easements running parallel to each other: a water main and a gas pipeline without a pipe utility in it. He asked if the gas pipeline was vacated and/or would the storm sewer cross it and if so, if there would be any issues with this. Rue replied the applicant’s civil engineer looked at this. The gas main was an older one and could be fairly deep, perhaps deeper than normal, and it was potholed. Pomeroy replied the gas main would be potholed again before the start of construction. It was likely three to four feet deep, and the storm sewer would be laid beneath it. MOTION: Kirk moved, seconded by DeSanctis to close the public hearing. MOTION CARRIED 7-0. MOTION: Kirk moved, seconded by Higgins to approve Variance #2018-02 based on the staff report dated July 2, 2019 and plans stamp-dated June 28, 2019. MOTION CARRIED 7-0. MOTION: Kirk moved, seconded by DeSanctis to recommend approval of the site plan review on 23.05 acres staff report dated July 2, 2019 and plans stamp-dated June 28, 2019 and the findings and conditions in the final order number 2018-02. MOTION CARRIED 7-0. B. SOUTHWEST TRANSIT NORTH BUS ENTRY/OFFICE ADDITION Request for: • Planned Unit Development District Amendment on 10.05 acres • Site Plan Review on 10.05 acres Len Simich, CEO of Southwest Transit, introduced Gary Hay of Hay Dobbs Architects and briefly explained the need for the garage expansion. This was to become the new corporate office for Southwest Transit since the current one was being displaced with the building of the LRT line, and to clean up the circulation of the business in and out of the site. Hay Dobbs displayed a PowerPoint and PLANNING COMMISSION MINUTES July 8, 2019 Page 4 detailed the application. The applicant would construct a 2,689 square foot building addition for a bus entry and offices on at the front of the building. The site would include an existing maintenance garage with warehouse and office space. The two-story building addition would include the bus entry on the first floor and offices on the second floor. The materials included face brick, glass and metal panels. The roof heights varied due to the screening elements, although the roof elevation remained at the same height. Hay displayed the elevation seen east to west on Highway 62 showing the varying roof heights and material choices. The second floor office would include a collaboration space. DeSanctis commended the thoughtful presentation and the aesthetics of the building. He asked if there was an opportunity to introduce solar energy as a supplemental source of energy. Hay replied when exploring this in other projects he found the cost to be prohibitive. There might be an opportunity in the future given the scale of this building. Klima presented the staff report. This was essentially a Phase II project and no waivers were proposed as the needed waivers were addressed previously. The landscape plan exceeded City requirements. Staff would continue to work with the applicant on the compliance of the Class II materials. Staff recommended approval. Pieper asked if this expansion had been brought forward at the previous public hearing for phase I in 2018, if staff would have had any concerns, and Klima replied there would have been no concerns from staff. MOTION: Farr moved, seconded by Weber to close the public hearing. MOTION CARRIED 7-0. Mette commended the design and the choice of materials, particularly the zinc which was not inexpensive. Pieper concurred. Farr also commended the choice of the materials. MOTION: Farr moved, seconded by Kirk to recommend approval of Southwest Transit northwest entry office addition based on the staff report dated July 2, 2019 and the plans June 11, 2019. MOTION CARRIED 7-0. VI. PLANNERS’ REPORT VII. MEMBERS’ REPORTS VIII. ADJOURNMENT MOTION: Weber moved, seconded by DeSantis to adjourn. MOTION CARRIED 7-0. The meeting was adjourned at 7:46 p.m. CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: August 13, 2019 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: X. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 268793 - 269347 Wire Transfers 1023134 - 1023350 Wire Transfers 7184 - 7215 Purchasing Card 7211 City of Eden Prairie Council Check Summary 8/13/2019 Division Amount Division Amount 000 General 1,016,614 304 Senior Board 225 100 City Manager 31,811 308 E-911 16,253 101 Legislative 11,305 309 DWI Forfeiture 11,324 102 Legal Counsel 43,829 315 Economic Development 830,839 110 City Clerk 475 502 Park Development 11,070 111 Customer Service 9,507 509 CIP Fund 347,678 112 Human Resources 8 512 CIP Trails 6,206 113 Communications 24,454 513 CIP Pavement Management 9,415 114 Benefits & Training 2,683 522 Improvement Projects 2006 819,500 131 Finance 240 526 Transportation Fund 1,179 132 Housing and Community Services 23,733 532 EP Road Connect Flying Cloud 422,154 133 Planning 1,710 536 General LRT 285,500 136 Public Safety Communications 4,104 538 SingleTree Lane South 203,017 137 Economic Development -3,310 804 100 Year History 10 138 Community Development Admin.999 Total Capital Projects Fund 2,964,370 150 Park Administration 985 151 Park Maintenance 106,653 601 Prairie Village Liquor 187,012 153 Organized Athletics 661 602 Den Road Liquor 346,804 154 Community Center 25,334 603 Prairie View Liquor 226,724 155 Beaches 79 605 Den Road Building 5,351 156 Youth Programs 33,148 701 Water Enterprise Fund 369,464 157 Special Events 49,755 702 Wastewater Enterprise Fund 418,901 158 Senior Center 5,159 703 Stormwater Enterprise Fund 72,678 159 Recreation Administration 5,057 Total Enterprise Fund 1,626,933 160 Therapeutic Recreation 1,779 162 Arts 12,844 316 WAFTA 54 163 Outdoor Center 763 802 494 Commuter Services 56,464 164 Park Rental Facilities 6 803 Escrow Fund 24,717 168 Arts Center 3,181 806 SAC Agency Fund 12,425 180 Police Sworn 39,312 807 Benefits Fund 1,503,086 184 Fire 61,819 809 Investment Fund 2,445 200 Engineering 5,294 811 Property Insurance 218,672 201 Street Maintenance 1,259,920 812 Fleet Internal Service 99,445 202 Street Lighting 68,376 813 IT Internal Service 86,917 Total General Fund 2,848,289 814 Facilities Capital ISF 201,656 815 Facilites Operating ISF 69,958 301 CDBG 14,592 816 Facilites City Center ISF 94,777 303 Cemetary Operation 5,012 817 Facilites Comm. Center ISF 120,076 312 Recycle Rebate 775 Total Internal Svc/Agency Fund 2,490,693 Total Special Revenue Fund 20,379 Report Total 10,263,101 435 2008B G.O. Improvement Bonds 8,550 443 2012C GO Perm Impr Ref Bonds 24,750 446 2014A G.O. TAX ABATEMENT BONDS 260,356 448 2016A GO BONDS - WEST 70TH ST.18,780 Total Debt Service Fund 312,436 City of Eden PrairieCouncil Check Register by GL8/13/2019 Check #Amount Supplier / Explanation Account Description Business Unit Comments2692051,120,343 BITUMINOUS ROADWAYS INC Asphalt Overlay Street Maintenance 2019 Pavement Mgmt2689811,022,624 EUREKA CONSTRUCTION INC Improvement Contracts General Fixed Asset Account Gr Preserve Blvd Reconstruction269341375,926 VEIT & CO Improvement Contracts EP Rd Connect to Flying Cloud Eden Prairie Road269147371,799 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Wasterwater Collection Wastewater Fee Aug 2019 268977 313,356 EBERT CONSTRUCTION Building General Fixed Asset Account Gr Staring Lake Pavilion Reconstruct 1023161 298,169 EP CONSOLIDATED PROPERTIES LLC TIF Payment TIF-Eden Shores Senior Housing 1st half TIF pymt 7191 291,056 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR ending 07.05.19 7208 284,356 WELLS FARGO BANK MINNESOTA NA Interest 2014A G.O. TAX ABATEMENT BONDS Bond Payments 7203 283,437 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR ending 07.19.19 269122 273,294 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums August 2019 269288 263,000 LEISERV LLC Right of Way & Easement General LRT Easement and ROW acquisitions Bowlero 269138 214,843 LEAGUE MN CITIES INS TRUST Insurance Property Insurance Property/casualty premium 2019 1023349 196,535 XCEL ENERGY Electric Street Lighting Multi location electric 1023290 188,961 ODESA II LLC Improvement Contracts General Fixed Asset Account Gr Singletree South Streetscaping 7201 185,768 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 07.05.19 7189 174,217 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 06.21.19 268815 172,573 CASCADE AT TOWN CENTER TIF Payment TIF-Lincoln Parc Apts 1st half TIF pymt 7186 170,290 FURTHER - AKA SELECT HSA - Employer Health and Benefits HSA EE/ER 269338 145,389 US DIGITAL DESIGNS Other Assets Capital Maint. & Reinvestment Station Voice Alert 268894 143,812 PEMBER COMPANIES, INC.Improvement Contracts Improvement Projects 2006 Singletree Streetscaping North 268828 142,415 DIVERSIFIED CONSTRUCTION Other Contracted Services Facilities Capital Police Dept Remodel 268807 142,046 BMO HARRIS BANK N.A TIF Payment TIF-Town Center-Windsor Plaza 1st half TIF pymt 1023343 140,724 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Equipment Repair & Maint Capital Maint. & Reinvestment Preserv Bluffs playstructure 268924 137,163 WATERS SENIOR LIVING TIF Payment TIF-Rolling Hills Sr Hsg 1st half TIF pymt 269339 121,998 VALLEY PAVING INC Improvement Contracts General Fixed Asset Account Gr Hennepin Town Road Lane7184118,959 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax June 20191023181108,572 SRF CONSULTING GROUP INC Design & Engineering General Fixed Asset Account Gr Railroad Quiet Zone and Birsch Island Rd Design1023292102,981 SRF CONSULTING GROUP INC Design & Engineering General Fixed Asset Account Gr Preserve Blvd and Eden Prairie Road26906975,408 ALLIED BLACKTOP CO Crack Filling Capital Maint. & Reinvestment 1023244 65,865 XCEL ENERGY Electric Outdoor Center 7211 64,715 USB-PURCHASING CARD Landscape Materials/Supp Utility Operations - General 269002 54,244 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 268920 52,962 UNITED PROPERTIES TIF Payment TIF-Superior Office Crt 1023283 49,923 LOGIS Network Support Water Accounting 1023279 46,884 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Rehab 7212 45,633 WELLS FARGO BANK MINNESOTA NA Interest Water Capital 1023299 37,328 XCEL ENERGY Electric Traffic Signals 269173 34,197 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 1023331 33,333 HANSEN THORP PELLINEN OLSON Design & Engineering Park Acquisition & Development 1023286 32,710 MINNESOTA DIRT WORKS INC Improvements to Land General Fixed Asset Account Gr 269134 31,223 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 269231 30,643 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 1023160 30,473 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 268949 29,772 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 268855 29,378 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 268796 27,326 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - CAM 268911 27,322 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1023276 26,687 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 268881 25,992 NAC Equipment Repair & Maint Fire Station #1 7200 25,008 COMMISSIONER OF TRANSPORTATION Bank and Service Charges Water Enterprise Fund26931725,000 RES SPECIALTY PYROTECHNICS INC Other Contracted Services July 4th Celebration26911424,800 FINLEY BROS INC Landscape Materials/Supp Capital Maint. & Reinvestment26928324,745 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments26931524,407 RAINBOW TREECARE Other Contracted Services Tree Disease 7205 24,037 EMPOWER Deferred Compensation Health and Benefits 7193 23,981 EMPOWER Deferred Compensation Health and Benefits 269275 22,500 HENNEPIN COUNTY COURT ADMINISTRATOR Right of Way & Easement General LRT720420,081 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits721420,000 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission719219,953 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits26928019,800 INNOVATIVE FOUNDATION SUPPORTWORKS Equipment Repair & Maint Wasterwater Collection 268810 19,020 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 269313 18,529 PUMP AND METER SERVICE Other Contracted Services Facilities Capital 1023211 18,419 WSB & ASSOCIATES INC Testing Pleasant Hill Cemetery 268932 17,799 ALTERNATIVE BUSINESS FURNITURE INC Other Contracted Services Facilities Capital 269043 17,419 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 269087 17,412 BREAKTHRU BEVERAGE MINNESOTA WINE & SPIR Liquor Product Received Prairie View Liquor Store 268951 17,183 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 269001 16,995 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1023153 16,745 WSB & ASSOCIATES INC Design & Engineering Improvement Projects 2006 268950 16,575 BREAKTHRU BEVERAGE MINNESOTA WINE & SPIR Liquor Product Received Prairie Village Liquor Store 268853 16,433 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 269305 16,000 ONSOLVE LLC Other Contracted Services E-911 Program 269293 15,780 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 268821 15,536 COLUMBINE TOWNHOMES TIF Payment TIF-Columbine Road Housing 1023214 15,424 BIFFS INC Waste Disposal July 4th Celebration 269282 15,335 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 269070 15,200 ALLINA HEALTH SYSTEM Training Fire 7187 15,101 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 269015 14,835 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 1023200 14,776 INTEREUM INC Other Contracted Services Facilities Capital 269092 14,765 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store102333714,759 PARROTT CONTRACTING INC Equipment Repair & Maint Water Distribution26931014,644 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store26898914,418 GRAYMONT Treatment Chemicals Water Treatment26884414,381 GRAYMONT Treatment Chemicals Water Treatment 269271 14,326 GRAYMONT Treatment Chemicals Water Treatment 269121 14,317 GRAYMONT Treatment Chemicals Water Treatment 269164 14,164 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 269273 14,010 GRI EDEN PRAIRIE, LLC Waste Disposal Prairie Village Liquor Store 269266 13,667 FINLEY BROS INC Landscape Materials/Supp Capital Maint. & Reinvestment 1023339 13,319 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 269325 13,125 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1023277 12,843 ESS BROTHERS & SONS INC Equipment Parts Stormwater Collection 268811 12,667 BREAKTHRU BEVERAGE MINNESOTA WINE & SPIR Liquor Product Received Prairie View Liquor Store 268814 12,503 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 269032 12,301 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 268867 12,301 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 269101 12,038 COMMERCIAL ASPHALT CO Asphalt Overlay Street Maintenance 269115 11,891 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating 1023338 11,889 POMP'S TIRE SERVICE INC Tires Fleet Operating 269086 11,847 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 268825 11,718 COMMERCIAL ASPHALT CO Asphalt Overlay Street Maintenance 268912 11,672 ST. PAUL PORT AUTHORITY Deposits Escrow 1023300 11,623 HYLAND SOFTWARE INC Software Maintenance IT Operating 268819 11,324 CHASE AUTO FINANCE Miscellaneous DWI Forfeiture 1023218 11,196 ESS BROTHERS & SONS INC Equipment Parts Stormwater Collection26885210,700 J & N WEED HARVESTING INC Maintenance Contracts Stormwater Non-Capital102327310,562 CENTERPOINT ENERGY Gas General Community Center26930310,466 NAC Capital Under $25,000 Facilities Capital Check #Amount Supplier / Explanation Account Description Business Unit Comments26919910,459 WATERGUARDS LLC OCS - Monitoring Stormwater Non-Capital 269176 10,161 SOCCER SHOTS Instructor Service Preschool Events 7215 10,000 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission 269185 9,850 TACTICAL SOLUTIONS INC Machinery & Equipment Fleet - Police2691779,463 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store2688439,415 GOODPOINT TECHNOLOGY INC Design & Engineering CIP Pavement Management2688969,310 PREMIER LAKE HARVESTING LLC Other Contracted Services Park Maintenance2689259,299 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 269179 9,285 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council 269212 9,000 MATHIS, GENEVA Deposits Escrow 1023350 8,952 ZIEGLER INC Other Rentals Fleet Operating 269269 8,544 GENERAL REPAIR SERVICE Equipment Parts Water Treatment 268898 8,420 PRINTING ENTERPRISES INC Printing Communications 268895 8,378 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1023243 8,337 WM MUELLER AND SONS INC Patching Asphalt Bluff Tot Lot #1 269061 8,164 WATERGUARDS LLC OCS - Monitoring Stormwater Non-Capital 269059 8,064 VERIZON WIRELESS Other Contracted Services IT Operating 1023172 7,324 METRO SALES INCORPORATED*Printers 494 Corridor Commission 269050 7,225 THYMES TWO INC Contract Svcs - Lawn Maint.City Center - CAM 269124 7,108 HENNEPIN COUNTY MEDICAL CENTER Training Fire 268870 6,700 MINNESOTA PAVING & MATERIALS Asphalt Overlay Street Maintenance 269235 6,696 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 269232 6,676 BREAKTHRU BEVERAGE MINNESOTA WINE & SPIR Liquor Product Received Prairie View Liquor Store 1023233 6,668 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 269319 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 269189 6,498 TIMBERWALL LANDSCAPE & MASONRY PRODUCTS Building Materials Capital Maint. & Reinvestment 1023157 6,465 CENTERPOINT ENERGY Gas Wastewater Lift Station 1023265 6,414 WERNER ELECTRIC SUPPLY CO.Machinery & Equipment Fleet Operating 269106 6,206 CURBSIDE LANDSCAPE & IRRIGATION Other Contracted Services CIP Trails10233166,103 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating2689835,990 FIRST MINNETONKA CITY BANK Incentives 494 Corridor Commission2688715,701 MINNESOTA PUMP WORKS Equipment Repair & Maint Wastewater Lift Station71985,657 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 268936 5,602 APPLIED ECOLOGICAL SERVICES INC Other Contracted Services Park Maintenance 269133 5,598 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 1023154 5,488 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 1023340 5,477 SKYHAWKS Instructor Service Lesson Skills Development 268940 5,468 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 268933 5,200 AMERICAN ARTSTONE COMPANY Other Contracted Services Street Maintenance 1023149 5,152 SITEONE LANDSCAPE SUPPLY, LLC Chemicals Riley Lake 269149 5,096 MIDWEST PLAYSCAPES Landscape Materials/Supp Park Maintenance 269336 5,057 UNITED STATES POSTAL SERVICE Postage Community Brochure 269063 5,015 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 269225 5,011 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 269148 5,000 MICHAEL WALSH COMMUNICATIONS Other Contracted Services Communications 1023184 4,790 USA SECURITY Equipment Repair & Maint Utility Operations - General 269240 4,733 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 268848 4,686 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1023255 4,676 GREENSIDE INC Contract Svcs - Lawn Maint.City Center - CAM 268982 4,622 FIRE SAFETY USA INC Protective Clothing Fire 1023213 4,599 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 268988 4,574 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 269030 4,564 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 269128 4,460 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store2690714,452 AMERICAN ENGINEERING TESTING INC Testing Improvement Projects 20062693434,407 WHEELER LUMBER LLC Building Materials Park Maintenance2689964,293 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments10233134,256 VAN PAPER COMPANY Cleaning Supplies Arts Center 269308 4,224 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 268801 4,119 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1023187 4,066 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store10232814,019 HORIZON COMMERCIAL POOL SUPPLY Chemicals Pool Maintenance10232124,011 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General2692523,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund2690933,959 CARVER COUNTY LICENSE CENTER Autos Utility Operations - General 269159 3,945 NAC Capital Under $25,000 Fire Station #3 1023269 3,894 A-SCAPE INC Contract Svcs - Lawn Maint.Building 51 268978 3,875 EDEN PRAIRIE EARLY CHILDHOOD Other Contracted Services Housing and Community Service 269073 3,853 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 269194 3,850 TWIN CITIES FANTASY FACTORY LLC Other Contracted Services July 4th Celebration 269010 3,829 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 268944 3,760 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 269254 3,756 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 268910 3,750 SOUTHDALE YMCA YOUTH DEVELOPMENT PROGRAM Other Contracted Services Housing and Community Service 268980 3,705 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Capital 269238 3,700 CASTRO CLEANING LLC Janitor Service Utility Operations - General 268994 3,697 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 1023155 3,685 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 268879 3,685 MULLER CONSTRUCTION Accounts Receivable TIF-Eden Shores Senior Housing 269136 3,666 KODIAK CUSTOM LETTERING INC Clothing & Uniforms New Adaptive 269026 3,618 MINTAHOE INC Operating Supplies Wine Club/Events 268903 3,600 RICHFIELD, CITY OF Training Fire 269198 3,556 WARNING LITES Contracted Striping Street Maintenance 269186 3,537 TAPCO Equipment Repair & Maint Traffic Signs 268952 3,525 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Stormwater Collection 1023322 3,509 CENTERPOINT ENERGY Gas Water Treatment2693403,501 VANELLA GROUP OF MN, LLC, THE Other Contracted Services July 4th Celebration2693443,401 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store2693353,398 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian)IT Operating10233253,303 ESS BROTHERS & SONS INC Equipment Parts Stormwater Collection 269285 3,300 LANDMARK REMODELING LLC Other Contracted Services Rehab 1023317 3,253 ANCHOR PAPER COMPANY Office Supplies Customer Service 269055 3,207 U.S DEPARTMENT OF AGRICULTURE Other Contracted Services Deer Consultant 268873 3,204 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 1023209 3,195 VAN PAPER COMPANY Cleaning Supplies General Community Center 268999 3,165 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 1023234 3,149 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Water Treatment 1023272 3,143 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 269171 3,133 QUETICA LLC Contract Svcs - Roof Facilities Capital 269261 3,119 EHLERS & ASSOCIATES INC Deposits Escrow 269094 3,026 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 7210 3,018 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 269291 3,010 LYNCH CAMPS INC Instructor Service Lesson Skills Development 269302 3,000 MOVEFWD INC Other Contracted Services Housing and Community Service 269309 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 1023342 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 268972 2,874 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 269345 2,850 XTREME INTEGRATION Contract Svcs - Electrical Police (City Cost) 269039 2,810 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 269249 2,801 CORE & MAIN Equipment Parts Preserve Park 1023306 2,775 GREGOIRE, DAVID Other Contracted Services Communications71952,762 U.S. BANK - I-494 PURCH. CARD Conference/Prof. Dev.494 Corridor Commission2688752,760 MN TACTICAL OFFICERS ASSOCIATION Tuition Reimbursement/School Police Sworn2691612,745 PARK NICOLLET CLINIC Health & Fitness Fire Check #Amount Supplier / Explanation Account Description Business Unit Comments2688172,727 CENTURYLINK Fiber Lease Payments City Center - CAM 1023240 2,725 WALL TRENDS INC Contract Svcs - General Bldg City Center - CAM 268893 2,700 PDQ.COM Software Maintenance IT Operating 269080 2,696 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store2691452,677 METERING & TECHNOLOGY SOLUTIONS Repair & Maint. Supplies Water Metering10233102,627 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance2691032,623 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance2693472,602 HEALTHPARTNERS Deposits 494 Corridor Commission 268927 2,572 HEALTHPARTNERS Payroll-Marketing 494 Corridor Commission 268816 2,538 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 269187 2,527 TARGETSOLUTIONS LEARNING, LLC Training Fire 268802 2,510 AVR INC Asphalt Overlay Street Maintenance 269053 2,487 TRUCK UTILITIES MFG CO Equipment Repair & Maint Traffic Signs 1023210 2,480 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1023176 2,459 NORTHWEST ASPHALT Outside Water Sales Escrow 7206 2,445 PFM ASSET MANAGEMENT LLC Interest Investment Fund 1023242 2,364 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 269143 2,355 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 1023168 2,347 JEFFERSON FIRE & SAFETY INC Clothing-TurnOut Gear Fire 269042 2,328 SKEESICK, FORREST Other Contracted Services Rehab 269334 2,321 TIMBERWALL LANDSCAPE & MASONRY PRODUCTS Building Materials Capital Maint. & Reinvestment 269008 2,295 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 269193 2,235 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 269144 2,233 MEDICINE LAKE TOURS Special Event Fees Trips 269277 2,206 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 7196 2,181 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 269329 2,175 STRATEGIC INSIGHTS INC Software Maintenance IT Operating 1023298 2,165 WM MUELLER AND SONS INC Repair & Maint. Supplies Wasterwater Collection 1023270 2,109 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating10231472,104 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Center - CAM2688351,986 EVENT SOUND & LIGHTING Other Rentals Summer Theatre2692371,974 CARVER COUNTY LICENSE CENTER Autos Utility Operations - General2692741,949 HEALTHPARTNERS Health & Fitness Organizational Services 269281 1,943 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 268941 1,935 ARVIG Fiber Lease Payments IT Operating 269150 1,933 MINNESOTA DEPARTMENT OF EMPLOYMENT Unemployment Compensation Organizational Services 1023219 1,932 GENUINE PARTS COMPANY Repair & Maint - Ice Rink Fleet Operating 269168 1,907 PRESCRIPTION LANDSCAPE Other Contracted Services Street Maintenance 268826 1,888 CORE & MAIN Repair & Maint. Supplies Miller Park 268798 1,882 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 268890 1,870 PARK NICOLLET CLINIC Employment Support Test Fire 269125 1,849 HENNEPIN COUNTY TREASURER Other Contracted Services Water Capital 269119 1,810 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution 268973 1,800 DSO ARCHITECTURE INC Other Contracted Services General Fixed Asset Account Gr 269064 1,800 XTREME INTEGRATION Contract Svcs - Electrical City Hall (City Cost) 1023204 1,797 PROSOURCE SUPPLY Capital Under $25,000 Pool Operations 269037 1,754 RELIABLE GARAGE DOOR Other Contracted Services Rehab 269075 1,747 ASPEN MILLS Clothing & Uniforms Police Sworn 1023150 1,723 VAN PAPER COMPANY Cleaning Supplies General Community Center 269127 1,715 HIGHWAY 5 BP Operating Supplies Police Sworn 269090 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating 269014 1,699 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Wasterwater Collection 268918 1,680 THE ADVENT GROUP Temp 494 Corridor Commission 1023315 1,667 WENCK ASSOCIATES INC OCS - Monitoring Stormwater Non-Capital2693071,663 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store2689221,650 WARHOL, MELISSA Other Contracted Services Summer Theatre2688451,645 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions Check #Amount Supplier / Explanation Account Description Business Unit Comments2692331,634 BRICKS 4 KIDZ Instructor Service Camps 269163 1,620 PERA Deposits 494 Corridor Commission 269096 1,594 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 268849 1,588 HOMELINE Other Contracted Services Housing and Community Service2688321,583 EDEN PRAIRIE COMMUNITY EDUCATION Instructor Service Senior Center Programs10233021,553 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Fire2690761,545 AT YOUTH PROGRAMS LLC Instructor Service Tennis2690131,540 M&A EXECUTIVE SEARCH LLC Training Fire 269088 1,530 BRIN GLASS SERVICE Contract Svcs - General Bldg Den Bldg. - CAM 268805 1,527 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance 1023271 1,482 ASPEN WASTE SYSTEMS INC.Waste Disposal Maintenance Facility 1023318 1,467 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1023216 1,461 CENTERPOINT ENERGY Gas Den Road Liquor Store 1023225 1,410 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Wastewater Lift Station 268818 1,402 CENTURYLINK Internet IT Operating 268806 1,399 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 268887 1,392 OFFICE TEAM Temp 494 Corridor Commission 268990 1,388 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 269328 1,375 STAPLES ADVANTAGE Office Supplies Police Sworn 7213 1,362 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 269296 1,350 MCCANN, SHAWN DANIEL Other Contracted Services July 4th Celebration 1023346 1,345 WALL TRENDS INC Contract Svcs - General Bldg Maintenance Facility 269204 1,339 YORKTOWN OFFICES Rent 494 Corridor Commission 1023258 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM 269327 1,313 SPORTS UNLIMITED Instructor Service Lesson Skills Development 7199 1,300 FURTHER - AKA SELECT HSA - Employer Health and Benefits 268991 1,300 GREEN ACRES SPRINKLER COMPANY Improvements to Land Park Acquisition & Development 1023307 1,300 MINNESOTA NATIVE LANDSCAPES Maintenance Contracts Stormwater Non-Capital 269292 1,285 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Wasterwater Collection2693311,282 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs - General Bldg Senior Center2690491,270 THE ADVENT GROUP Temp 494 Corridor Commission2690741,264 ASPEN CARPET CLEANING Janitor Service Prairie Village Liquor Store2692011,251 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 269017 1,250 MEALS ON WHEELS Other Contracted Services Housing and Community Service 269005 1,244 KENDELL DOORS & HARDWARE INC Supplies - General Bldg Pool Maintenance 269130 1,238 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 268862 1,231 LES MILLS UNITED STATES TRADING INC Capital Under $25,000 Fitness Classes 269000 1,229 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1023167 1,226 JASPER ENGINEERING & EQUIPMENT COMPANY Equipment Parts Water Treatment 1023143 1,225 GREENSIDE INC Contract Svcs - Lawn Maint.City Center - CAM 268907 1,221 SKEESICK, FORREST Other Contracted Services Rehab 268859 1,220 LANO EQUIPMENT INC Equipment Parts Street Maintenance 268891 1,201 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 269263 1,170 ERICKSON ENGINEERING COMPANY LLC Design & Engineering Engineering 269132 1,160 INTERTECH INC Contract Development IT Operating 268836 1,156 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 269297 1,155 METROPOLITAN COMPOUNDS INC Repair & Maint. Supplies Wasterwater Collection 268799 1,134 AIRGAS USA LLC Supplies - Pool Pool Maintenance 1023226 1,131 MENARDS Repair & Maint. Supplies Fleet Operating 7207 1,130 FURTHER - AKA SELECT Other Contracted Services Health and Benefits 268830 1,130 DOMACE VINO Liquor Product Received Prairie View Liquor Store 269203 1,110 XTREME INTEGRATION Equipment Repair & Maint Public Safety Communications 269227 1,109 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 1023217 1,108 DAKOTA SUPPLY GROUP INC Small Tools Water Distribution2691411,083 MARCO INC Hardware - R&M IT Operating2689651,080 DEHOOG BERNIE Training Fire2691841,072 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions Check #Amount Supplier / Explanation Account Description Business Unit Comments10231931,051 CHEMSEARCH Contract Svcs - Ice Rink Ice Arena Maintenance 269142 1,050 MARTIN-MCALLISTER Other Contracted Services Police Sworn 269034 1,048 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 269027 1,044 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store2690191,040 MHSRC/RANGE Training Fire2690091,035 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance2690121,034 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store2688741,031 MN DEPT OF TRANSPORTATION Equipment Repair & Maint Traffic Signals 269332 1,029 SUMMIT COMPANIES Contract Svcs - Fire/Life/Safe Dunn Brothers 268808 1,020 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 268998 996 HYDROCORP Other Contracted Services Utility Operations - General 268906 985 SIGNSOURCE Operating Supplies Planning & Development 1023253 982 FASTENAL COMPANY Equipment Parts Fleet Operating 269003 970 JOHNSON LITHO GRAPHICS OF EAU CLAIRE LTD Printing July 4th Celebration 269170 970 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits 1023264 965 VINOCOPIA Liquor Product Received Prairie View Liquor Store 269166 960 PITNEY BOWES Postage Customer Service 1023327 948 FILTRATION SYSTEMS Supplies - HVAC General Community Center 1023159 948 COMPRESSED AIR CONCEPTS LLLC Contract Svcs - General Bldg Maintenance Facility 1023296 941 WATSON CO INC, THE Merchandise for Resale Concessions 7185 939 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1023174 932 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 268857 929 KENDELL DOORS & HARDWARE INC Contract Svcs - Ice Rink Ice Arena Maintenance 1023330 926 GRAINGER Supplies - General Bldg Water Treatment 1023332 911 KUSTOM SIGNALS INC Equipment Repair & Maint Police Sworn 269242 900 CHURCH OF CASH Other Contracted Services Staring Lake Concert 269048 900 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1023336 882 OSI BATTERIES INC Operating Supplies Police Sworn 1023228 876 METRO SALES INCORPORATED*Equipment Rentals 494 Corridor Commission268975860EARL F ANDERSEN INC Signs Traffic Signs1023197859FASTENAL COMPANY Equipment Parts Fleet Operating268945858BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store269082857BOLTON & MENK INC Design & Engineering Improvement Projects 2006 269123 849 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint IT Operating 268804 848 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 269213 845 3CMA Dues & Subscriptions Communications 1023267 829 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 1023179 828 REINDERS INC Landscape Materials/Supp Park Maintenance 269330 827 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 269079 825 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance 268931 823 AIRGAS USA LLC Supplies - Pool Pool Maintenance 269162 823 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 268976 808 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Prairie Village Liquor Store 269031 806 PERA Payroll-Special Projects 494 Corridor Commission 1023164 793 GRAINGER Equipment Parts Ice Arena Maintenance 1023230 792 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1023285 792 MENARDS Small Tools Riley Lake 269112 789 EARL F ANDERSEN INC Signs Traffic Signs 269158 786 MUSIC TOGETHER IN THE VALLEY LLC Instructor Service Preschool Events 1023334 784 MENARDS Repair & Maint. Supplies Park Maintenance 268851 782 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1023231 775 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 269229 756 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 269110 756 DISCOUNT STEEL INC Capital Under $25,000 Fleet Operating1023314753VINOCOPIALiquor Product Received Prairie View Liquor Store268923750WARNING LITES Equipment Repair & Maint Water Distribution269192750TREEHOUSEOther Contracted Services Housing and Community Service Check #Amount Supplier / Explanation Account Description Business Unit Comments269200750WELLS FARGO BANK MINNESOTA NA Paying Agent 2014A G.O. TAX ABATEMENT BONDS 269267 736 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police Sworn 269221 732 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg City Hall (City Cost) 1023221 731 GRAINGER Small Tools Park Maintenance268803725BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance268992720GREENLITE LIGHTING CORP, USA Miscellaneous Stormwater Non-Capital268929715A TO Z RENTAL CENTER Supplies - General Bldg General Community Center1023223710IDEAL SERVICE INC Equipment Repair & Maint Water Supply (Wells) 268854 703 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 268866 701 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 268838 700 FREEWHEEL BIKE Incentives 494 Corridor Commission 1023185 698 VISTAR CORPORATION Merchandise for Resale Concessions 268947 698 BOLTON & MENK INC Design & Engineering Improvement Projects 2006 269024 697 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Planning 269219 694 AIRGAS USA LLC Motor Fuels Ice Arena Maintenance 1023145 694 PROSOURCE SUPPLY Cleaning Supplies Facilities Staff 1023348 681 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 269041 681 SIGNSOURCE Supplies - General Bldg City Hall (City Cost) 269131 675 INNOVATIVE GRAPHICS Clothing & Uniforms Police Sworn 269294 671 MARCO INC Telephone IT Operating 268850 670 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 269006 670 KOHL, BRADEN Training Supplies Fire 1023261 665 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 1023263 658 VAN PAPER COMPANY Cleaning Supplies Maintenance Facility 269181 657 SPORTS UNLIMITED Instructor Service Lesson Skills Development 269175 651 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 268962 650 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery 269272 639 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 1023189 632 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Outdoor Center Facilities268888632OLSEN CHAIN & CABLE Equipment Repair & Maint Traffic Signs268938631AQUA LOGIC INC Contract Svcs - Pool Pool Maintenance269251630DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance269333625THE FEDERALES Other Contracted Services Staring Lake Concert 268889 624 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 1023344 624 STREICHERS Clothing & Uniforms Police Sworn 268864 616 MARCO INC Telephone IT Operating 1023222 615 GRAYBAR Supplies - Electrical General Community Center 1023173 615 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Fitness/Conference - Cmty Ctr 268921 607 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Volleyball 269065 605 3CMA Conference/Training Communications 269113 603 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Operating 268846 600 HARD DAY'S NIGHT-A BEATLES TRIBUTE Other Contracted Services Staring Lake Concert 269135 600 KEHOE, MIRA Other Contracted Services Staring Lake Concert 269146 600 METRO CONCRETE RAISING INC Contract Svcs - Asphalt/Concr.General Community Center 269077 592 BARNA, GUZY & STEFFEN ,LTD Legal Legal Council 1023295 588 USA SECURITY Maintenance Contracts Water Treatment 268971 586 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1023294 583 STREICHERS Clothing & Uniforms Police Sworn 7190 581 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 7202 581 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 269155 579 MN DEPT OF TRANSPORTATION Equipment Repair & Maint Traffic Signals 268987 576 GITCH GEAR LLC Liquor Product Received Den Road Liquor Store 269140 576 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 269051 571 TKO WINES, INC Liquor Product Received Den Road Liquor Store269160567OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire1023201566MINNESOTA CLAY CO. USA Operating Supplies Arts Center269196560URBAN LAND INSTITUTE Dues & Subscriptions Community Development Admin. Check #Amount Supplier / Explanation Account Description Business Unit Comments268876559MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 269180 552 SPEEDPRO IMAGING INC Operating Supplies Concessions 1023236 551 STREICHERS Clothing & Uniforms Police Sworn 269139 550 LETHO & WRIGHT Other Contracted Services Staring Lake Concert1023257546LUNDGREN, CAROL Conference/Training Engineering269047543STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store1023171539MENARDSOperating Supplies Park Maintenance269040536SHRED RIGHT Waste Disposal City Hall (City Cost) 269311 530 PROP Deposits Den Road Liquor Store 268995 525 HENNEPIN TECHNICAL COLLEGE Other Rentals Recycle Rebate 269314 525 QUETICA LLC Design & Engineering Water Distribution 1023166 525 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 269257 522 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Prairie View Liquor Store 1023175 520 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 7194 508 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 1023182 507 STREICHERS Clothing & Uniforms Police Sworn 269004 501 JUNKYARD BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 268970 500 DIRTY SHORTS BRASS BAND Other Contracted Services Staring Lake Concert 269066 500 3RD LAIR Other Contracted Services July 4th Celebration 269206 500 KROUL KEREN Other Contracted Services Arts 268882 499 NAFA FLEET MANAGEMENT ASSOCIATION Dues & Subscriptions Fleet Operating 269323 499 SKEESICK, FORREST Other Contracted Services Rehab 268937 492 APRES Other Rentals Summer Theatre 268914 492 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 1023142 484 GREATAMERICA FINANCIAL SVCS Postage Customer Service 269228 479 BIG STATE INDUSTRIAL SUPPLY INC Clothing & Uniforms Utility Operations - General 268842 476 GERTENS Landscape Materials/Supp Community Center 268917 475 TEDDY BEAR BAND Other Contracted Services Staring Lake Concert 268861 470 LEIFELD FRAMING Other Contracted Services Police Sworn269156460MN TACTICAL OFFICERS ASSOCIATION Tuition Reimbursement/School Police Sworn269326458SPEEDPRO IMAGING INC Operating Supplies Ice Operations269081456BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store1023235453STAR TRIBUNE MEDIA COMPANY LLC Operating Supplies-Station sup Fire 269320 451 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie View Liquor Store 268858 450 KIDPOWER WITH RACHAEL Other Contracted Services Staring Lake Concert 269248 450 CONQUER EDEN PRAIRIE Instructor Service Lesson Skills Development 268974 447 E A SWEEN COMPANY Merchandise for Resale Concessions 269044 445 SOUTHWEST NEWS MEDIA Printing Staring Lake Concert 1023199 440 HIRSHFIELD'S Repair & Maint. Supplies Water Treatment 1023321 438 CDW GOVERNMENT INC.Operating Supplies IT Operating 268926 438 WORKS COMPUTING INC Other Contracted Services IT Operating 269298 435 MHSRC/RANGE Tuition Reimbursement/School Police Sworn 269120 432 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 1023303 428 DUNGAN, TRACY Mileage & Parking Concessions 1023186 428 WATSON CO INC, THE Merchandise for Resale Concessions 269102 420 COMMERCIAL RECREATION SPECIALISTS Repair & Maint. Supplies Miller Park 1023268 419 AMERITRAK Other Contracted Services Snow & Ice Control 1023259 419 PROSOURCE SUPPLY Clothing & Uniforms Facilities Staff 1023152 417 VIK, LISA Tuition Reimbursement/School Police Sworn 268829 411 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1023188 411 XCEL ENERGY Electric Forest Hills Park 269107 408 DALE GREEN COMPANY, THE Landscape Materials/Supp Street Maintenance 269165 408 PINE PRODUCTS INC Landscape Materials/Supp Community Center 1023195 407 CONCRETE CUTTING AND CORING Equipment Parts Park Maintenance269116406FOUNDATION BUSINESS SYSTEMS, LLC Dues & Subscriptions Stormwater Non-Capital269089405BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe Dunn Brothers269220403ALEX AIR APPARATUS INC Equipment Parts Emergency Management Check #Amount Supplier / Explanation Account Description Business Unit Comments268954403CINTAS CORPORATION Safety Supplies Community Center Admin 1023148 402 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 268956 401 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 269202 400 WONDER CURE Other Contracted Services Staring Lake Concert269222400AMAZING ATHLETES OF CENTRAL MN Instructor Service Preschool Events268863399MACQUEEN EQUIPMENT INC Instructor Service Utility Operations - General269223395ANCOM COMMUNICATIONS INC Equipment Repair & Maint Public Safety Communications269007390LANO EQUIPMENT INC Other Rentals Street Maintenance 269020 390 MIDWEST AQUA CARE INC Other Contracted Services Round Lake 269241 390 CENTURYLINK Telephone IT Operating 269236 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 269289 389 LIFELINE INC EMS Supplies-AED Fire 1023139 383 CONCRETE CUTTING AND CORING Operating Supplies Park Maintenance 269188 383 THREE RIVERS PARK DISTRICT Other Contracted Services New Adaptive 268958 380 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission 1023256 380 HIRSHFIELD'S Repair & Maint. Supplies Water Supply (Wells) 1023329 379 GRAFIX SHOPPE Equipment Parts Fleet Operating 1023323 378 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 269129 377 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 269109 375 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery 269286 372 LANO EQUIPMENT INC Equipment Repair & Maint Fleet Operating 269084 368 BOUND TREE MEDICAL LLC Operating Supplies Police Sworn 269169 368 PRINCIPAL FINANCIAL GROUP Payroll-Program Manager 494 Corridor Commission 269046 364 STAPLES ADVANTAGE Office Supplies Customer Service 269078 360 BARNUM GATE SERVICES INC Building Repair & Maint.Utility Operations - General 1023301 356 ADAMS PEST CONTROL INC Contract Svcs - Pest Control City Center - CAM 1023287 351 MN SUPPLY Equipment Repair & Maint Fleet Operating 268968 350 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery 269190 350 TOTAL ENTERTAINMENT/KIDSDANCE PROD.Other Contracted Services Halloween Party269239346CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits268869345MINNESOTA FIRE SERVICE CERTIFICATION BOA Training Fire1023196343CUSTOM HOSE TECH Equipment Parts Fleet Operating1023138342CLAREY'S SAFETY EQUIPMENT Other Contracted Services Utility Operations - General 268809 341 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 1023297 340 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 269126 335 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating 1023347 333 WATSON CO INC, THE Merchandise for Resale Concessions 1023178 330 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical City Center - CAM 269287 328 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance 269197 328 USA INFLATABLES Other Contracted Services Safety Camp 1023311 325 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 268793 320 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 268930 320 AAA LAMBERTS LANDSCAPE PRODUCTS INC Landscape Materials/Supp Water Distribution 268959 318 COUNTY MATERIALS CORPORATION Equipment Parts Stormwater Collection 268834 315 ESTRINE, ROBERT Other Contracted Services Community Band 269279 314 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 269067 314 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 268993 313 GS DIRECT Operating Supplies Engineering 269207 300 MPCA Licenses, Taxes, Fees EP Rd Connect to Flying Cloud 269255 300 DRAG N FLY WIRELESS INC Other Contracted Services Round Lake 1023324 299 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1023241 298 WATSON CO INC, THE Merchandise for Resale Concessions 269262 297 EMERGENCY RESPONSE SOLUTIONS EMS Supplies Fire 1023190 294 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie Village Liquor Store1023278290GRAINGERSmall Tools Facilities Staff1023304287ENVIRONMENTAL RESOURCE ASSOCIATES Laboratory Chemicals Water Treatment268997285HORIZON CPO SEMINARS Conference/Training Facilities Staff Check #Amount Supplier / Explanation Account Description Business Unit Comments269118281GALLS LLC Clothing & Uniforms Volunteers 1023291 280 PREMIUM WATERS INC Operating Supplies - Water Fire 1023206 273 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 268934 272 AMERICAN PRESSURE INC Equipment Repair & Maint Utility Operations - General269195270UDOR USA Repair & Maint. Supplies Park Maintenance268901270RHODY, KIRSTEN P&R Refunds Community Center Admin269167267PLASTIC BAG MART Liquor Product Received Prairie View Liquor Store269247266COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 269137 265 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Maintenance Facility 1023266 263 WSB & ASSOCIATES INC Other Contracted Services Stormwater Non-Capital 1023198 261 GREAT AMERICAN BUSINESS PRODUCTS Operating Supplies Community Center Admin 268897 256 PRINT SOURCE MINNESOTA Printing Fitness Admin. 268878 250 MUEHLBAUER, THOMAS G Other Contracted Services Community Band 269152 250 MINNESOTA FIRE SERVICE CERTIFICATION BOA Training Fire 269301 250 MISS MYRA & THE MOONSHINERS Other Contracted Services Arts in the Park 1023137 250 BLOOMINGTON SECURITY SOLUTIONS Supplies - General Bldg Prairie View Liquor Store 268979 245 EDEN PRAIRIE NOON ROTARY CLUB Dues & Subscriptions Housing and Community Service 269025 244 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 1023220 243 GRAFIX SHOPPE Equipment Parts Fleet Operating 269253 243 DOMACE VINO Liquor Product Received Prairie View Liquor Store 268967 239 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 268820 238 CINTAS Operating Supplies Park Maintenance 269243 238 CINTAS Operating Supplies Park Maintenance 1023335 238 MTI DISTRIBUTING INC Equipment Repair & Maint Fleet Operating 268797 235 ABRA AUTO BODY & GLASS Equipment Repair & Maint Fleet Operating 268969 232 DIRECTV Cable TV Community Center Admin 1023163 230 GRAFIX SHOPPE Autos General Fixed Asset Account Gr 269108 229 DELTA DENTAL Payroll-Program Manager 494 Corridor Commission 268812 226 BRO-TEX INC Operating Supplies Fleet Operating268964225DATA PRACTICES OFFICE Tuition Reimbursement/School Police Sworn269016225MARASCO ERIC Tuition Reimbursement/School Police Sworn269072225ARMA INTERNATIONAL Dues & Subscriptions City Clerk269312224PROP - PR Charitable Contributions Health and Benefits 268872 223 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 1023229 220 MINNESOTA EQUIPMENT Repair & Maint. Supplies Park Maintenance 269036 219 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 268928 216 56 BREWING LLC Liquor Product Received Den Road Liquor Store 1023247 214 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie View Liquor Store 1023191 213 BECKER, DAVE Travel Expense Police Sworn 268847 213 HENNEPIN COUNTY TREASURER PUBLIC WORKS Waste Disposal Park Maintenance 1023237 210 TWIN CITY SEED CO Repair & Maint. Supplies Stormwater Collection 1023249 210 BLOOMINGTON SECURITY SOLUTIONS Equipment Repair & Maint Water Supply (Wells) 1023280 210 H M CRAGG CO Contract Svcs - Fire/Life/Safe City Center - CAM 1023134 209 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie View Liquor Store 268966 202 DELTA DENTAL Payroll-Marketing 494 Corridor Commission 268984 201 FRYE, HILARY Operating Supplies Arts Center 1023275 201 CONNEY SAFETY PRODUCTS Lab Supplies Water Treatment 268839 200 FREIBERG MARK Mileage & Parking Heritage Preservation 1023252 200 CONCRETE CUTTING AND CORING Small Tools Street Maintenance 268946 200 BOB THE BEACH COMBER Other Contracted Services Staring Lake Concert 269211 200 CARVER COUNTY SHERIFF'S DEPT.Deposits Escrow 1023194 200 CLAREY'S SAFETY EQUIPMENT Equipment Testing/Cert.Emergency Management 1023177 198 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 1023284 197 LYNN PEAVEY COMPANY Operating Supplies Police Sworn1023136191BERRY COFFEE COMPANY Merchandise for Resale Concessions1023180190SPRINTCell/Pager Plans 494 Corridor Commission269178190SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk Check #Amount Supplier / Explanation Account Description Business Unit Comments268957190COMCASTInternetIT Operating 1023260 187 QUALITY PROPANE Motor Fuels Fleet Operating 268899 186 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 269264 183 FASTSIGNS Operating Supplies-Station sup Fire1023140182EICHMAN NATHAN Canine Supplies Police Sworn1023170180LOCATORS & SUPPLIES INC Operating Supplies Traffic Signals269216180AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs1023202180MPX GROUP, THE Printing Police Sworn 1023169 176 LEROY JOB TRUCKING INC Other Contracted Services Police Sworn 268877 175 MR CUTTING EDGE Repair & Maint - Ice Rink Ice Arena Maintenance 269218 175 ACME TOOLS Operating Supplies Park Maintenance 1023165 174 H M CRAGG CO Contract Svcs - Fire/Life/Safe Maintenance Facility 1023151 173 VERLEY, VALERIE Mileage & Parking Community Center Admin 269256 171 E A SWEEN COMPANY Merchandise for Resale Concessions 269324 171 SNAP-ON TOOLS Small Tools Fleet Operating 269224 170 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 269095 168 CENTURYLINK Internet IT Operating 1023289 167 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 268795 165 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1023227 164 METRO ELEVATOR INC Contract Svcs - Elevator Fire Station #1 1023205 162 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 269060 156 WARNING LITES Contracted Striping Traffic Signs 1023254 155 FLEETPRIDE INC Equipment Parts Fleet Operating 1023293 150 STERICYCLE INC Other Contracted Services Police Sworn 1023158 150 CITI-CARGO & STORAGE CO, INC Other Rentals Summer Theatre 7197 148 VANCO SERVICES Bank and Service Charges Wastewater Accounting 7188 148 OPTUM HEALTH Other Contracted Services Health and Benefits 1023135 147 BATTERIES PLUS Operating Supplies-Station sup Water Treatment 268948 146 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store1023232144PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store269117140GADDE, POORNIMA P&R Refunds Community Center Admin268840140GALLS LLC Clothing & Uniforms Police Sworn1023305139FASTENAL COMPANY Equipment Parts Fleet Operating 269191 139 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 268985 139 GALLS LLC Clothing & Uniforms Police Sworn 1023146 137 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 268813 134 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance 1023144 130 MUNOZ, MEGAN Mileage & Parking Fitness Admin. 268837 130 FREEVEND TECHNICAL SERVICES Equipment Repair & Maint Concessions 269290 130 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 269270 128 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 269083 126 BOOM ISLAND BREWING COMPANY Liquor Product Received Den Road Liquor Store 269153 126 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Den Road Liquor Store 1023246 125 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Maintenance Facility 269278 123 HOME DEPOT CREDIT SERVICES Supplies - Electrical Police (City Cost) 1023224 119 INDUSTRIAL FLOOR MAINTENANCE INC.Equipment Parts Fleet Operating 268886 119 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 268960 118 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn 269172 118 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 269226 115 ASPEN MILLS Clothing & Uniforms Fire 268860 114 LAW ENFORCEMENT TARGETS Training Supplies Police Sworn 268833 113 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 1023282 112 LANDS END CORPORATE SALES Clothing & Uniforms Police Sworn 269268 111 GALLS LLC Clothing & Uniforms Volunteers269023110MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store269306110OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire269011110LUBE-TECH ESI Equipment Parts Fleet Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments269316105RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 269299 104 MINNESOTA DEPARTMENT OF NATURAL RESOURCE Licenses, Taxes, Fees Stormwater Non-Capital 1023238 104 ULINE Operating Supplies Police Sworn 268986 103 GERTENS Landscape Materials/Supp Outdoor Center269099103COMCASTCable TV Fire269021103MIKEL, RACHEL Mileage & Parking Special Events Admin268824102COMCASTPhone/Data/Web 494 Corridor Commission269104101CORE & MAIN Operating Supplies Park Maintenance 269245 101 COMCAST Cable TV Fire 268915 100 SUNBURST CHEMICALS INC Supplies - Garden Room Garden Room Repairs 268955 100 CITY OF SAINT PAUL Tuition Reimbursement/School Police Sworn 268800 100 ALSDURF LORI Operating Supplies Theatre Initiative 1023309 100 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 269342 98 WELLS FARGO BANK, N A Other Contracted Services Police Sworn 1023248 97 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1023320 95 BOYER TRUCKS Equipment Parts Fleet Operating 268856 94 KATZ, BARRY Outreach Mileage/Parking 494 Corridor Commission 268831 93 E A SWEEN COMPANY Merchandise for Resale Concessions 269056 92 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1023328 90 GINA MARIAS INC Operating Supplies Police Sworn 269321 88 SCHROM JES Mileage & Parking Arts Center 269057 88 US BANK EQUIPMENT FINANCE Copier/Printer/Fax 494 Corridor Commission 1023319 87 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn 269045 86 SPEEDPRO IMAGING INC Operating Supplies Ice Operations 268939 85 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 269054 85 TUCKER DOUG Mileage & Parking Athletic Programs Admin 269300 84 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 268892 83 PC'S FOR PEOPLE Miscellaneous IT Operating 269182 82 STAPLES ADVANTAGE Office Supplies Customer Service26908582BOURGET IMPORTS Liquor Product Received Den Road Liquor Store26901880MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission26934678DELTA DENTAL Deposits 494 Corridor Commission102315677CDW GOVERNMENT INC.Operating Supplies IT Operating 268908 74 SNAP-ON TOOLS Small Tools Fleet Operating 269058 72 VANLANGENDON, JEFFREY P&R Refunds Community Center Admin 268865 70 MATTHIESEN, SCHELLEY P&R Refunds Community Center Admin 268884 70 NELSON, BARRY P&R Refunds Community Center Admin 268904 70 RUSSELL, BILL P&R Refunds Community Center Admin 268916 70 TANKO, ALBERT P&R Refunds Community Center Admin 268919 70 THOMSEN, JULIE P&R Refunds Community Center Admin 269318 70 RICHFIELD FLOWERS Deposits Escrow 269246 67 COMCAST Cable TV Fire 7209 66 MONEY MOVERS INC Other Contracted Services Community Center Admin 1023245 65 ZIEGLER INC Equipment Parts Wasterwater Collection 1023312 65 SLETTEN, DAN Conference/Training IT Operating 1023288 64 MULCAHY COMPANY INC Supplies - HVAC City Center - CAM 269304 64 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 269214 60 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 269215 60 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 268905 60 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store 269337 58 UNITED WAY Charitable Contributions Health and Benefits 269091 54 CAMPBELL KNUTSON, P.A.Legal WAFTA 268942 53 ASPEN MILLS Clothing & Uniforms Police Sworn 269098 53 COMCAST Cable TV Fire26882252COMCASTInternetIT Operating26924452COMCASTInternetIT Operating26905251TRIVEDI, PARUL P&R Refunds Community Center Admin Check #Amount Supplier / Explanation Account Description Business Unit Comments26891351STAPLES ADVANTAGE Office Supplies Utility Operations - General 269151 50 MINNESOTA DEPARTMENT OF LABOR & INDUSTRY Licenses, Taxes, Fees Water Treatment 269174 50 RIZZO CHLOE Operating Supplies Arts Center 269259 47 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits26926047EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits26926546FELIPE NUBIA P&R Refunds Community Center Admin26882345COMCASTCable TV Fire102314145FITZGERALD, MAUREEN Tuition Reimbursement/School Fitness Classes 269183 44 STORMS WELDING & MFG INC.Equipment Repair & Maint Water Distribution 269258 42 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 268794 40 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 268902 40 RICHFIELD RED WHITE & BLUE DAYS Vendor Table Fees 494 Corridor Commission 269028 40 NASRO Dues & Subscriptions Police Sworn 269322 40 SHAKOPEE TENNIS ASSOCIATION Other Contracted Services Tennis 1023274 40 CITI-CARGO & STORAGE CO, INC Other Rentals Summer Theatre 1023326 40 FEDEX Operating Supplies Police Sworn 269029 38 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating 269033 35 PROP P&R Refunds Community Center Admin 269068 35 ALI, ISRA P&R Refunds Community Center Admin 1023162 35 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating 1023215 32 CAWLEY COMPANY, THE Office Supplies City Council 268883 31 NAVARRO, LEON Mileage & Parking Facilities Staff 269062 30 WEINBERG WHEELER HUDGINS GUNN & DIAL LLC Other Contracted Services Police Sworn 269217 30 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1023308 29 OLSON, ROBERT Mileage & Parking Police Sworn 1023203 28 MUNOZ, MEGAN Tuition Reimbursement/School Fitness Classes 269105 27 CUB FOODS EDEN PRAIRIE Miscellaneous Heritage Preservation 269100 27 COMCAST Other Contracted Services Police Sworn 1023250 27 BOHNSACK, SUE Mileage & Parking Senior Center Admin26894325ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating102334525UPSPostagePlanning26882724CUB FOODS EDEN PRAIRIE Operating Supplies Volunteers26886823MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 269157 23 MPCA Dues & Subscriptions Utility Operations - General 269284 23 KINNI SPORT AND POWER Equipment Parts Fleet Operating 1023207 22 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Round Lake 1023262 22 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Water Distribution 268953 20 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission 269022 20 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 1023208 19 SPOK, INC.Cell/Pager Plans IT Operating 1023192 19 BUSINESS ESSENTIALS Office Supplies Utility Operations - General 269234 18 BUSINESS ESSENTIALS Office Supplies Utility Operations - General 268885 18 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission 268909 18 SOLYST, ANN Operating Supplies Arts Center 268841 16 GARVEY, BARBARA P&R Refunds Community Center Admin 1023333 13 LYNN PEAVEY COMPANY Operating Supplies Police Sworn 269111 13 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 268880 12 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police Sworn 268961 10 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission 268935 10 ANDERSON, GEORGE P&R Refunds Community Center Admin 268963 10 DACOTAH BANK Other Contracted Services Police Sworn 269038 10 SCHUG, DIANA P&R Refunds Community Center Admin 269154 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting 269230 10 BOYD MICHAEL P&R Refunds Community Center Admin26929510MAZION ROSE P&R Refunds Community Center Admin10232398UPSPostageHuman Resources2692508CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn Check #Amount Supplier / Explanation Account Description Business Unit Comments2689007REGISTRATION FEE TRUST Employment Support Test Organizational Services 1023183 5 UPS Postage Community Development Admin. 1023341 2 SPS COMPANIES Operating Supplies Park Maintenance 269097 2 COMCAST Other Contracted Services Police Sworn10,263,101 Grand Total City of Eden PrairiePurchasing Card Payment Report 8/13/2019 Amount Account Description Business Unit 5,845 Operating Supplies Police Sworn 5,770 Building Surcharge General Fund 3,600 Tuition Reimbursement/School Police Sworn 2,796 Retention Program Community Center Admin 2,183 Repair & Maint. Supplies Garden Room Repairs 1,410 Training Supplies Police Sworn 1,295 Tuition Reimbursement/School Police Sworn 1,283 Travel Expense City Council 999 Dues & Subscriptions Communications 906 Operating Supplies Arts Center 895 Tuition Reimbursement/School Police Sworn 822 Equipment Repair & Maint Public Safety Communications 760 Conference/Training Community Development Admin. 695 Prepaid Expenses General Fund 695 Prepaid Expenses General Fund 695 Prepaid Expenses General Fund 695 Prepaid Expenses General Fund 695 Prepaid Expenses General Fund 642 Operating Supplies Safety Camp 640 Investigation Travel Fire 633 Capital Under $25,000 Fitness Classes 625 Dues & Subscriptions Planning 584 Mechanical Surcharge General Fund 564 EMS Supplies Fire 542 Operating Supplies Safety Camp 532 Building Materials Outdoor Center 527 Licenses, Taxes, Fees Fitness Classes 512 Other Contracted Services Community Center Admin 448 Repair & Maint. Supplies Franlo Park 430 Tuition Reimbursement/School Police Sworn 430 Operating Supplies Police Sworn 417 Tuition Reimbursement/School Police Sworn 416 Bank and Service Charges Den Road Liquor Store 414 Small Tools Utility Operations - General 401 Building Materials Outdoor Center 376 Computers IT Operating 349 Operating Supplies Pool Lessons 338 Other Rentals Summer Theatre 325 Plumbing Surcharge General Fund 317 Operating Supplies Police Sworn 317 Office Supplies Police Sworn 314 Miscellaneous City Council 305 Conference/Training Administration 305 Conference/Training Administration 300 Travel Expense Communications Amount Account Description Business Unit295Licenses, Taxes, Fees Facilities Staff 289 Landscape Materials/Supp Reforestation 284 Building Materials Outdoor Center 284 Other Contracted Services Senior Center Admin 280 Operating Supplies Fitness Admin. 273 Operating Supplies Inclusion 263 Bank and Service Charges Prairie View Liquor Store 255 Small Tools Utility Operations - General 254 Operating Supplies Fire 253 Operating Supplies Fire 250 Repair & Maint. Supplies Utility Operations - General 250 Repair & Maint. Supplies Utility Operations - General 250 Repair & Maint. Supplies Utility Operations - General 246 Operating Supplies Playgrounds 242 Operating Supplies Police Sworn 240 Operating Supplies Police Sworn 236 Miscellaneous Stormwater Non-Capital 225 Operating Supplies July 4th Celebration 222 Tuition Reimbursement/School Police Sworn 219 Operating Supplies Police Sworn 211 Miscellaneous July 4th Celebration 207 Building Repair & Maint.Water Treatment 203 Printing July 4th Celebration 200 Dues & Subscriptions Fire 200 Operating Supplies Youth Programs Admin 200 Capital Under $25,000 Concessions 196 Bank and Service Charges Prairie Village Liquor Store 195 Special Event Fees Senior Board 194 Operating Supplies Youth Programs Admin 187 Operating Supplies July 4th Celebration 180 Operating Supplies City Council 177 Clothing & Uniforms Pool Lessons 175 Canine Supplies Police Sworn 171 Operating Supplies Inclusion 171 Operating Supplies Day Care 170 Operating Supplies July 4th Celebration 168 Operating Supplies Staring Lake Concert 165 Equipment Parts Arts Center 164 Operating Supplies Youth Programs Admin 154 Operating Supplies Theatre Initiative 153 Operating Supplies IT Operating 151 Operating Supplies July 4th Celebration 150 Repair & Maint. Supplies Utility Operations - General 150 Tuition Reimbursement/School Police Sworn 150 Operating Supplies July 4th Celebration 148 Merchandise for Resale Concessions 145 Clothing & Uniforms Pool Lessons 140 Operating Supplies July 4th Celebration 139 Operating Supplies Youth Programs Admin Amount Account Description Business Unit139Equipment Repair & Maint Senior Center Programs 138 Equipment Repair & Maint Stormwater Collection 138 Miscellaneous July 4th Celebration 138 Operating Supplies Fire 135 Investigation Travel Fire 134 EMS Supplies Fire 129 Operating Supplies Arts Center 123 Operating Supplies Playgrounds 118 Operating Supplies Arts Center 115 Operating Supplies Playgrounds 114 Operating Supplies Arts Center 110 Operating Supplies Concessions 108 Process Control Equipment IT Operating 108 Equipment Parts Fleet Operating 102 Building Materials Outdoor Center 101 Operating Supplies Playgrounds 100 Special Event Fees Trips 100 Conference/Training Finance 100 Licenses, Taxes, Fees Fitness Classes 99 Equipment Parts Fleet Operating 99 Operating Supplies Youth Programs Admin 98 Operating Supplies Theatre Initiative 98 Safety Supplies Park Maintenance 97 Small Tools Street Maintenance 97 Operating Supplies Arts Center 97 Operating Supplies Safety Camp 96 Operating Supplies IT Operating 94 Special Event Fees New Adaptive 94 Travel Expense Utility Operations - General 94 Operating Supplies Summer Theatre 91 Equipment Parts Water Distribution 91 Other Rentals July 4th Celebration 90 Operating Supplies Playgrounds 90 Repair & Maint. Supplies Utility Operations - General 90 Clothing & Uniforms Pool Lessons 90 Other Contracted Services Teen Programs 88 Operating Supplies Arts Center 88 Repair & Maint. Supplies Fire 86 Operating Supplies Playgrounds 86 Process Control Equipment IT Operating 85 Operating Supplies Youth Programs Admin 84 Merchandise for Resale Concessions 84 Operating Supplies Playgrounds 82 Operating Supplies Therapeutic Rec Admin 81 Operating Supplies Outdoor Center 80 Safety Supplies Fleet Operating 78 Operating Supplies Inclusion 78 Repair & Maint. Supplies Purgatory Creek Park 78 Clothing & Uniforms Fire Amount Account Description Business Unit77Office Supplies Police Sworn 77 Operating Supplies Arts Center 75 Operating Supplies Summer Theatre 75 Operating Supplies Fire 75 Equipment Repair & Maint Outdoor Center 75 Operating Supplies Fit Kids Club 75 Operating Supplies Park Maintenance 72 Repair & Maint. Supplies Water Distribution 72 Tuition Reimbursement/School Police Sworn 72 Tuition Reimbursement/School Police Sworn 72 Repair & Maint. Supplies Water Treatment 70 Licenses, Taxes, Fees Concessions 70 Deposits Escrow 70 Clothing & Uniforms Pool Lessons 69 Operating Supplies Playgrounds 68 Operating Supplies July 4th Celebration 67 Operating Supplies IT Operating 67 Operating Supplies IT Operating 67 Operating Supplies IT Operating 67 Operating Supplies IT Operating 66 Operating Supplies Park Maintenance 66 Operating Supplies Riley Lake 65 Operating Supplies Community Center Admin 65 Training Supplies Police Sworn 65 Deposits Escrow 64 Merchandise for Resale Concessions 63 Operating Supplies Police Sworn 62 Operating Supplies Day Care 61 Merchandise for Resale Concessions 61 Miscellaneous City Council 61 Operating Supplies Playgrounds 61 Operating Supplies Youth Programs Admin 61 Operating Supplies Playgrounds 60 Travel Expense City Council 60 Travel Expense City Council 60 Equipment Parts Fleet Operating 60 Operating Supplies Park Maintenance 58 Operating Supplies Summer Theatre 58 Operating Supplies Safety Camp 57 Merchandise for Resale Concessions 56 Computers IT Operating 56 Operating Supplies Police Sworn 55 Advertising Theatre Initiative 55 Operating Supplies Park Maintenance 54 Operating Supplies Community Center Admin 54 Operating Supplies Safety Camp 54 Operating Supplies Youth Programs Admin 54 Clothing & Uniforms Pool Lessons 54 Merchandise for Resale Concessions Amount Account Description Business Unit53Operating Supplies Safety Camp 52 Merchandise for Resale Concessions 51 Operating Supplies Therapeutic Rec Admin 50 Operating Supplies July 4th Celebration 50 Dues & Subscriptions Heritage Preservation 48 Cleaning Supplies Utility Operations - General 48 Merchandise for Resale Concessions 48 Miscellaneous Community Development Admin. 48 Operating Supplies Outdoor Center 47 Operating Supplies Therapeutic Rec Admin 47 Small Tools Street Maintenance 47 Operating Supplies Staring Lake Concert 47 Operating Supplies Park Maintenance 47 Operating Supplies July 4th Celebration 47 Operating Supplies Fit Kids Club 46 Operating Supplies Round Lake 46 Operating Supplies July 4th Celebration 45 Operating Supplies Youth Programs Admin 45 Clothing & Uniforms Senior Center Admin 45 Merchandise for Resale Concessions 45 Operating Supplies Day Care 45 Operating Supplies Arts Center 44 Operating Supplies Senior Center Programs 44 Operating Supplies Elections 44 Miscellaneous Heritage Preservation 43 Operating Supplies Police Sworn 43 Safety Supplies Stormwater Collection 43 Operating Supplies Concessions 43 Merchandise for Resale Concessions 42 Operating Supplies Arts Center 42 Operating Supplies Senior Center Programs 41 Repair & Maint. Supplies Stormwater Collection 41 Operating Supplies Police Sworn 41 Operating Supplies Park Maintenance 40 Operating Supplies Summer Theatre 40 Operating Supplies Outdoor Center 39 Repair & Maint. Supplies Water Distribution 39 Operating Supplies Pool Operations 39 Operating Supplies Arts Center 39 Operating Supplies Utility Operations - General 39 Operating Supplies Arts Center 38 Operating Supplies Youth Programs Admin 38 Operating Supplies Community Center Admin 38 Employee Award Organizational Services 38 Canine Supplies Police Sworn 35 Operating Supplies Youth Programs Admin 34 Equipment Repair & Maint Senior Center Programs 34 Operating Supplies July 4th Celebration 34 Operating Supplies Playgrounds Amount Account Description Business Unit33Merchandise for Resale Concessions 33 Operating Supplies Summer Theatre 32 Operating Supplies Summer Theatre 32 Operating Supplies Fit Kids Club 32 Repair & Maint. Supplies Facilities Staff 32 Merchandise for Resale Concessions 31 Operating Supplies Playgrounds 31 Merchandise for Resale Concessions 30 Operating Supplies Senior Board 30 Operating Supplies Arts Center 30 Office Supplies Police Sworn 30 Operating Supplies Arts Center 30 Operating Supplies Safety Camp 30 Operating Supplies Pool Operations 29 Repair & Maint. Supplies Water Treatment 29 Operating Supplies Arts Center 29 Merchandise for Resale Concessions 29 Operating Supplies Playgrounds 29 Other Contracted Services Fire 28 Office Supplies Park Maintenance 28 Operating Supplies Riley Lake 28 Tuition Reimbursement/School Police Sworn 28 Miscellaneous City Council 27 Other Contracted Services Fire 27 Merchandise for Resale Concessions 27 Miscellaneous Administration 27 Operating Supplies Outdoor Center 27 Landscape Materials/Supp Park Maintenance 27 Merchandise for Resale Concessions 26 Operating Supplies Playgrounds 26 Operating Supplies Concessions 26 Operating Supplies Arts Center 26 Operating Supplies Arts Center 26 Operating Supplies Youth Programs Admin 26 Merchandise for Resale Concessions 25 Clothing & Uniforms Theatre Initiative 25 Employee Award Organizational Services 25 Office Supplies Police Sworn 25 Merchandise for Resale Concessions 25 Operating Supplies Youth Programs Admin 25 Building Materials Park Maintenance 24 Operating Supplies Youth Programs Admin 24 Operating Supplies Safety Camp 24 Operating Supplies Playgrounds 24 Repair & Maint. Supplies Capital Outlay Parks 24 Operating Supplies Arts Center 23 Other Contracted Services Organizational Services 23 Operating Supplies Police Sworn 23 Merchandise for Resale Concessions Amount Account Description Business Unit22Clothing & Uniforms Theatre Initiative 22 Office Supplies Police Sworn 21 Miscellaneous Housing and Community Service 21 Operating Supplies Senior Center Admin 21 Merchandise for Resale Concessions 21 Operating Supplies July 4th Celebration 21 Operating Supplies Playgrounds 21 Operating Supplies Youth Programs Admin 21 Clothing & Uniforms Police Sworn 20 Licenses, Taxes, Fees Utility Operations - General 20 Operating Supplies July 4th Celebration 20 Software/Hardware Maint.IT Operating 20 Postage Water Treatment 20 Operating Supplies Arts Center 19 Operating Supplies Youth Programs Admin 19 Operating Supplies IT Operating 19 Operating Supplies Safety Camp 19 Operating Supplies Community Center Admin 19 Merchandise for Resale Concessions 19 Merchandise for Resale Concessions 19 Operating Supplies Playgrounds 18 Operating Supplies Summer Theatre 18 Postage Water Treatment 18 Operating Supplies Summer Theatre 17 Operating Supplies Arts Center 17 Operating Supplies Outdoor Center 17 Operating Supplies Arts Center 17 Operating Supplies Pool Operations 17 Operating Supplies July 4th Celebration 17 Operating Supplies Playgrounds 16 Operating Supplies Youth Programs Admin 16 Operating Supplies Pool Operations 16 Operating Supplies Day Care 16 Operating Supplies Elections 16 Operating Supplies Police Sworn 16 Office Supplies Police Sworn 15 Operating Supplies Arts Center 15 Operating Supplies Youth Programs Admin 15 Repair & Maint. Supplies Water Treatment 15 Operating Supplies Playgrounds 15 Merchandise for Resale Concessions 14 Merchandise for Resale Concessions 14 Operating Supplies Volunteers 14 Merchandise for Resale Concessions 14 Miscellaneous Administration 14 Operating Supplies Police Sworn 13 Operating Supplies Therapeutic Rec Admin 13 Operating Supplies Arts Center 13 Operating Supplies Summer Theatre Amount Account Description Business Unit13Merchandise for Resale Concessions 13 Clothing & Uniforms Theatre Initiative 12 Landscape Materials/Supp Staring Lake 12 Operating Supplies Outdoor Center 12 Operating Supplies Arts Center 12 Operating Supplies Youth Programs Admin 12 Operating Supplies Youth Programs Admin 12 Office Supplies Police Sworn 12 Operating Supplies Volleyball 12 Small Tools Outdoor Center 12 Operating Supplies Safety Camp 11 Operating Supplies Fitness Admin. 11 Operating Supplies Traffic Signals 11 Travel Expense Utility Operations - General 11 Travel Expense Utility Operations - General 11 Repair & Maint. Supplies Stormwater Collection 10 Operating Supplies Arts Center 10 Operating Supplies Senior Center Admin 10 Operating Supplies Park Maintenance 10 Operating Supplies Youth Programs Admin 10 Operating Supplies Community Center Admin 10 Operating Supplies Staring Lake Concert 10 Mileage & Parking Utility Operations - General 10 Operating Supplies Fleet Operating 10 Merchandise for Resale Concessions 9 Operating Supplies IT Operating 9 Operating Supplies Summer Theatre 9 Merchandise for Resale Concessions 8 Operating Supplies Youth Programs Admin 8 Operating Supplies Arts Center 8 Operating Supplies IT Operating 8 Operating Supplies Staring Lake 8 Operating Supplies Summer Theatre 7 Operating Supplies July 4th Celebration 6 Special Event Fees New Adaptive 6 Operating Supplies Arts Center 6 Operating Supplies Tennis 6 Merchandise for Resale Concessions 6 Operating Supplies Park Facilities 6 Operating Supplies Playgrounds 5 Postage Water Treatment 5 Operating Supplies Summer Theatre 5 Operating Supplies Arts Center 5 Operating Supplies Fleet Operating 5 Mileage & Parking Communications 5 Miscellaneous Communications 5 Operating Supplies Youth Programs Admin 5 Operating Supplies Youth Programs Admin 5 Operating Supplies Volleyball Amount Account Description Business Unit5Operating Supplies Park Maintenance 5 Office Supplies Police Sworn 5 Licenses, Taxes, Fees Fleet Operating 4 Operating Supplies Day Care 3 Operating Supplies July 4th Celebration 3 Operating Supplies Outdoor Center 3 Merchandise for Resale Concessions 2 Operating Supplies Youth Programs Admin 2 Other Contracted Services Fire 2 Bank and Service Charges Customer Service 2 Other Contracted Services Senior Center Admin 1 Operating Supplies Youth Programs Admin -26 Operating Supplies Arts Center -33 Operating Supplies Arts Center -67 Operating Supplies Tennis -67 Operating Supplies IT Operating -118 Operating Supplies Arts Center -119 Other Contracted Services Fire -134 Other Revenue General Fund -1,773 Deposits Escrow 64,715 Report Total