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HomeMy WebLinkAboutCity Council - 09/03/2019 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 3, 2019 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Katie O’Connor Workshop - Heritage Rooms I and II (5:30) I. POLICE SECURITY AT CITY EVENTS II. POTENTIAL FUTURE ORDINANCE REVISIONS Open Podium - Council Chamber (6:30) III. OPEN PODIUM IV. ADJOURNMENT Event Security Eden Prairie City Council Workshop Sept. 3, 2019 Background There is no standard definition for “mass shooting” and “active shooter.” •The Washington Post defines a mass shooting as a shooting where at least four people were killed, not including the shooter(s), in public or large private gatherings. •The FBI defines an active shooter as an individual actively engaged in killing or attempting to kill people in a populated area. Background Active shooter incidents have increased in the U.S. since 2000. Background Background Two mass shootings have occurred in Minnesota: •Accent Signage, Minneapolis, 2012 •Red Lake School, Red Lake Reservation, 2005 2018 Mass Shootings Other Types of Incidents •Mass stabbing –Crossroads Mall, St. Cloud in 2016 (10 injured) •Vehicle ramming –Driver drove into a crowd of protesters in Minneapolis in 2014 (1 injury) –Charlottesville, Virginia in 2017 (1 killed) –New York City in 2017 (8 killed) •Improvised Explosive Device –Oklahoma City bombing in 1995 –Boston Marathon bombing in 2013 –Pressure cooker and pipe bomb bombings in New York and New Jersey in 2016 Large Events in EP •4th of July •Schooner Days •Air Expo •EPHS Football Games •Starkey Employee Party •Lifetouch Employee Party •Arts in the Park •City Open House •People Fest •Prairie Brewfest •Special Events at Grace Church •VIP Visits (U.S. Presidents, Dalai Lama, Super Bowl) Current Security Measures •Intel from Crime Analyst •Highly trained officers and Reserves •Camera trailer •UTV •Mobile Command Center •Event action plans with Fire and Parks •Barriers Potential Additional Security Measures •Increased staffing levels (Officers & Reserves) •Plainclothes officers •Additional barriers •SWAT response teams •Greater availability of long guns •Drone flyovers •Additional training for officers Questions? AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 3, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT $500 DONATION FROM RENEWAL BY ANDERSEN FOR ARTS IN THE PARK (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 13, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 13, 2019 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ARBY’S by Arc Vision. Site Plan Review on 1.15 acres and Development Agreement (Resolution for Site Plan Review) C. ADOPT RESOLUTION APPROVING FINAL PLAT OF CASTLE RIDGE 3RD ADDITION D. ADOPT RESOLUTION APPROVING FINAL PLAT OF SHELDON PLACE E. APPROVE REASONABLE ACCOMODATIONS POLICY CITY COUNCIL AGENDA September 3, 2019 Page 2 F. AUTHORIZE PURCHASE OF A NEW 2020 CHEVROLET TAHOE SPECIAL SERVICE VEHICLE G. APPROVE PURCHASE OF ELECTRONIC ENTRANCE SIGN FOR THE COMMUNITY CENTER H. AUTHORIZE ENTERING INTO SETTLEMENT AGREEMENT AND RELEASE WITH HAMMEL, GREEN AND ABRAHAMSON, INC. I. APPROVE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES WITH BRAUN INTERTEC CORPORATION FOR THE CITY’S NEW DRINKING WATER RESERVOIR AND PUMP STATION J. APPROVE CHANGE ORDER NUMBER 1 TO CONSTRUCTION CONTRACT WITH RICE LAKE CONSTRUCTION GROUP FOR GROUND STORAGE WATER RESERVOIR AND PUMP STATION IX. PUBLIC HEARINGS / MEETINGS A. HIGHLAND OAKS by Wooddale Builders. Resolution for PUD Concept Review on 9.73 acres; First Reading of an Ordinance for PUD District Review with waivers and zoning district change from R1-13.5 TO R1-9.5 ON 9.73 acres; Resolution for Preliminary Plat on 9.73 acres (Ordinance for Zoning District Change; Resolution for PUD Concept; Resolution for Preliminary Plat) 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 1. Resolution Certifying the Proposed 2020 Property Tax Levy, Accepting the Proposed 2020 Budget, Setting the Date for Public Hearing, and Consenting and Approving the HRA Tax Levy C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR CITY COUNCIL AGENDA September 3, 2019 Page 3 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 31, 2019 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, September 3, 2019 ___________________________________________________________________________________________ TUESDAY, SEPTEMBER 3, 2019 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office. HRA MEETING HRA I. ROLL CALL / CALL THE HRA MEETING TO ORDER HRA II. APPROVE MINUTES OF HRA MEETING HELD ON AUGUST 13, 2019 MOTION: Move to: Approve the HRA minutes from August 13, 2019. HRA III. ADOPT RESOLUTION APPROVING THE 2020 PROPERTY TAX LEVY AND ACCEPTING THE PROPOSED 2020 BUDGET MOTION: Move to: Adopt the resolution to approve the proposed 2020 property tax levy to be $200,000 and accept the proposed 2020 budget of $200,000. HRA IV. ADJOURNMENT MOTION: Move to adjourn the HRA meeting. ANNOTATED AGENDA September 3, 2019 Page 2 COUNCIL MEETING IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT $500 DONATION FROM RENEWAL BY ANDERSEN FOR ARTS IN THE PARK (Resolution) Synopsis: Renewal by Andersen is making a $500 donation to go towards the Arts in the Park event. Arts in the Park is Eden Prairie’s annual art fair showcasing artwork of all types by local artists and vendors at the beautiful Purgatory Creek Park. This fun free event has live music, hands-on arts activities, lawn games and a pop-up library. Concessions, face painting, henna, and beer/wine are also available for purchase. MOTION: Move to adopt the Resolution accepting the donation of $500 from Renewal by Andersen to go towards Arts in the Park. 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, AUGUST 13, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 13, 2019 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-J on the Consent Calendar. A. CLERK’S LICENSE LIST B. ARBY’S by Arc Vision. Site Plan Review on 1.15 acres and Development Agreement (Resolution for Site Plan Review) C. ADOPT RESOLUTION APPROVING FINAL PLAT OF CASTLE RIDGE 3RD ADDITION D. ADOPT RESOLUTION APPROVING FINAL PLAT OF SHELDON PLACE E. APPROVE REASONABLE ACCOMODATIONS POLICY ANNOTATED AGENDA September 3, 2019 Page 3 F. AUTHORIZE PURCHASE OF A NEW 2020 CHEVROLET TAHOE SPECIAL SERVICE VEHICLE G. APPROVE PURCHASE OF ELECTRONIC ENTRANCE SIGN FOR THE COMMUNITY CENTER H. AUTHORIZE ENTERING INTO SETTLEMENT AGREEMENT AND RELEASE WITH HAMMEL, GREEN AND ABRAHAMSON, INC. I. APPROVE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES WITH BRAUN INTERTEC CORPORATION FOR THE CITY’S NEW DRINKING WATER RESERVOIR AND PUMP STATION J. APPROVE CHANGE ORDER NUMBER 1 TO CONSTRUCTION CONTRACT WITH RICE LAKE CONSTRUCTION GROUP FOR GROUND STORAGE WATER RESERVOIR AND PUMP STATION IX.PUBLIC HEARINGS / MEETINGS A. HIGHLAND OAKS by Wooddale Builders. Resolution for PUD ConceptReview on 9.73 acres; First Reading of an Ordinance for PUD District Review with waivers and zoning district change from R1-13.5 TO R1-9.5 ON 9.73 acres; Resolution for Preliminary Plat on 9.73 acres (Ordinance for Zoning District Change; Resolution for PUD Concept; Resolution for Preliminary Plat) Synopsis: Wooddale Builders is requesting approval of a subdivision of a 9.73 acre property into 17 single family lots and 1 outlot. The property is located at 7120 Gerard Drive, west of Sleepy Hollow Lane and north of Roberts Drive. The project proposes the extension of a public street off of Gerard Drive providing a cul de sac into the project area. There is a second cul de sac proposed allowing access to the western most lots. The applicant is proposing villa style homes that offer single level living. The lots range in size from 10,277 square feet to 31,840 square feet. The average lot size within the project is 15,786 square feet. The proposed density is 1.74 units per acre. The project area also includes an outlot that is proposed to be deeded to the City for preservation of the wetland area. MOTION: Move to: •Close the Public Hearing; and •Adopt a Resolution for Planned Unit Development Concept Review on 9.73 acres; and •Approve the 1st reading of the Ordinance for Planned Unit DevelopmentDistrict Review with waivers on 9.73 acres and a Zoning District Changefrom R1-13.5 to R1-9.5 on 9.73 acres; and •Adopt a Resolution for a Preliminary Plat of one lot into 17 lots and 1outlot on 9.73 acres; and ANNOTATED AGENDA September 3, 2019 Page 4 • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and • Authorize the issuance of an early Land Alteration Permit for Highland Oaks at the request of the Developer subject to the conditions outlined. 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 1. Resolution Certifying the Proposed 2020 Property Tax Levy, Accepting the Proposed 2020 Budget, Setting the Date for Public Hearing, and Consenting and Approving the HRA Tax Levy Synopsis: Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed property tax levy and certify that amount to the county auditor on or before September 30, 2019. In addition, the City Council must accept a proposed budget for the coming year. The City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and tax levy will be discussed and public testimony taken. The Council must adopt a final tax levy and budget by December 30. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. MOTION: Move to adopt the Resolution that: • Certifies the proposed 2020 property tax levy to be $39,621,102; and • Sets December 3, 2019, as the meeting which will include discussion of the budget and provide for public comment; and • Accepts the proposed 2020 budget of $51,610,456; and • Consents and approves the HRA tax levy of $200,000. ANNOTATED AGENDA September 3, 2019 Page 5 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, SEPTEMBER 3, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case, Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, City Planner Julie Klima, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL / CALL THE HRA MEETING TO ORDER II.APPROVE MINUTES OF HRA MEETING HELD ON AUGUST 13, 2019 III.ADOPT RESOLUTION APPROVING THE 2020 PROPERTY TAX LEVY ANDACCEPTING THE PROPOSED 2020 BUDGET IV.ADJOURNMENT UNAPPROVED MINUTES 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, 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 Planner Julie Klima, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL / CALL THE HRA MEETING TO ORDER Chair Case called the meeting to order at 7:01 PM. Council Member Aho was absent. II.APPROVE MINUTES OF HRA MEETING HELD ON APRIL 2, 2019 MOTION: Freiberg moved, seconded by Nelson, to approve the HRA minutes from April 2, 2019. Motion carried 4-0. III.APPROVE TIF AGREEMENT FOR TRAIL POINTE RIDGE Getschow said the City Council previously approved a public hearing and tax increment financing for the Trail Pointe Ridge housing development by Common Bond near the intersection of Hwy 212 and Eden Prairie Road. This item is to approve the TIF agreementfor that project based on the overall development project previously approved. MOTION: Narayanan moved, seconded by Nelson, to approve the Tax Increment Financing Agreement for Trail Pointe Ridge. Motion carried 4-0. Rosow asked that the minutes reflect all members of the HRA are present tonight except for Council Member Aho who is absent. IV.ADJOURNMENT MOTION: Nelson moved, seconded by Narayanan, to adjourn the HRA meeting. Motioncarried 4-0. Chair Case adjourned the meeting at 7:04 PM. HOUSING AND REDEVELOPMENT AUTHORITY AGENDA DATE: September 3, 2019 DEPARTMENT/DIVISION: Office of the City Manager / Finance, Sue Kotchevar ITEM DESCRIPTION: Resolution approving the proposed 2020 HRA property tax levy and accepting the proposed 2020 budget HRA ITEM NO.: III. Requested Action Move to: Adopt the resolution to approve the proposed 2020 property tax levy to be $200,000 and accept the proposed 2020 budget of $200,000. Synopsis Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. The HRA must adopt a proposed net property tax levy by September 30 and certify it to the county auditor. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of taxable market value. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs with the City. The limit for the City of Eden Prairie is $1,972,704. Attachment Resolution HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA H.R.A. RESOLUTION NO. 2019- A RESOLUTION APPROVING THE HRA PROPOSED 2020 PROPERTY TAX LEVY AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS WHEREAS, the Housing and Redevelopment Authority of the City of Eden Prairie has reviewed the proposed 2020 budget and tax levy; and WHEREAS, the Housing and Redevelopment Authority has decided to accept these recommendations. NOW, THEREFORE, BE IT RESOLVED that the Housing and Redevelopment Authority: 1. Approves the following proposed taxes on real and personal property within the City of Eden Prairie for the 2020 budget contingent upon City Council approval. Levy on Tax Capacity $200,000 2. Approves the 2020 proposed budget totaling $200,000 at this time. ADOPTED by the Housing and Redevelopment Authority on September 3, 2019. ______________________________ Ronald A. Case, Chairperson SEAL ATTEST: ______________________________ Rick Getschow, Executive Director CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: September 3, 2019 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation for Arts in the Park ITEM NO.: IV.A Requested Action Move to: Adopt Resolution accepting the donation of $500 from Renewal by Andersen to go towards the Arts in the Parks. Synopsis Arts in the Park is Eden Prairie’s annual art fair showcasing artwork of all types by local artists and vendors at the beautiful Purgatory Creek Park. This fun free event has live music, hands-on arts activities, lawn games and a pop-up library. Concessions, face painting, henna, and beer/wine are also available for purchase. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $500 to be used towards Arts in the Park from Renewal by Andersen is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of September, 2019. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Kathleen Porta, City Clerk UNAPPROVED MINUTES 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, Mark Freiberg, PG Narayanan, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Assistant Fire Chief Ward Parker, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Economic Development Manager David Lindahl, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, City Attorney Ric Rosow, and Recorder Kyle Salage. GUESTS: Katie Case, Susan Berg, Kati Simons, Valerie Ross, Katie Qualey, Tom Eckhardts, Jean Desankis, Jan Lacy, Chris Honaas-Wildfang, Paul Thorp, Ann Higgins, Bob Prince, Norm Rogers Workshop - Heritage Rooms I and II (5:30) I. HISTORICAL PROPERTY UPDATE AND AN UPDATE FROM THE EDEN PRAIRIE HISTORICAL SOCIETY Mayor Case called the workshop to order at 5:30 p.m. Absent were Council Members Aho and Nelson. Getschow provided an overview of the agenda, and asked Historical Society members in attendance to introduce themselves. Katie Case described various projects the Historical Society is currently working on. She highlighted the fact the collective access project will help with preserving City artifacts. The grant the Society received will help aid with this project. Of these grant funds, $4000 will go towards the collective access project, and $2000 will go towards ADA compliance. Kathie Case also noted the Historical Society has become involved with the Eden Prairie Community Foundation, and they are now seeking to address the need for spaces where groups and nonprofit organizations can meet. They are willing to use the Cummins House for this purpose, with permission of the City. Getschow expressed his support for use for the Cummins House in this way. Freiberg added the City wants to be as accommodating as possible for its community groups and nonprofit organizations. Narayanan also expressed his support for the proposal of using the House as a meeting space, adding the City wants to help and work with nonprofit organizations because there is a need for more of them in the area. Kathie Case pointed out David Lindahl is working on investigating and addressing this need. Freiberg inquired when it is expected the Cummins House renovations will be completed, if ever. Kathie Case indicated there will likely always be minor repairs or replacements needed. Mayor Case stated it can be expected there will be significant work done to restore it within his lifetime. Freiberg inquired whether progress has been slower because restoration has been done incrementally as grants are received. Kathie Case replied this has indeed slowed Item VI.A. City Council Workshop Minutes August 13, 2019 Page 2 progress. She said if the Historical Society was able to get City Facilities staff working on the project, the restoration work could potentially be completed within five (5) years for approximately $20,000. Mayor Case indicated there may be other ways to get City staff to put in time towards the restoration projects. Kathie Case referred to the Smith-Douglas-More House timeline distributed to those in attendance, and expressed her excitement for its completion. This timeline will be printed and displayed at the House. Mayor Case expressed his appreciation and admiration for the Historical Society volunteers and the hours they put in on projects such as the timeline. Narayanan inquired as to whether the Society has applied for any grants through the Community Foundation. Kathie Case indicated the Society has done so in the past, but not recently. Getschow pointed out the historic building inventory distributed to those in attendance. He stated in recent years the City has done a better job of marketing and advertising its historic properties. He also noted there is an interactive GIS map online which includes Heritage Sites. In regard to the City’s historic properties, Getschow reported the floors of the Smith-Douglas-More House were recently refinished, and the Cummins House is still in need of restoration of its upper level. Lothammer reported the Minnesota River Vista is completed, though the three (3) interpretive panels still need to go in. He noted the Vista will incorporate stone from the old site, and the City will work with an artist to add history-related murals. Mayor Case inquired as to whether there will be cameras on site at the Vista. Lothammer indicated there is a Neighborhood Watch in the area, and there will be cameras in visible locations. An increase in the number and frequency of visitors should help deter unwanted and illegal activity. Lothammer reported an assessment was done on Camp Edenwood, and there have been walkthroughs of the property with both City staff and architects. The property needs to be repainted, the roof will need to be repaired, and vegetation issues will need to be addressed. Freiberg inquired whether there will eventually come a time when the City forces the owners to start making progress on these repairs and improvements. Lothammer indicated the City is happy with the progress made, and it is comfortable with where they are at in the process. In regard to the Flying Red Horse sign, Lothammer reported the Heritage Preservation Commission recently inspected the sign. However, a restoration expert still needs to determine the level of and approach to its restoration, as well as its use. Before proceeding, it is desirable to narrow down the options being looked at. Mayor Case asked where the sign is currently being stored. Lothammer indicated it is currently in storage at the Maintenance Facility. Mayor Case stated he would not want a piece of history to be kept hidden simply because it is not in perfect condition. Getschow indicated the Eden Prairie Mall has been considered as a location for the sign, but most options currently being looked at are outdoors. Getschow added the City is considering a local designation for Yorkville/Bloomington Road. Thorp added the consultant, Bob Mack, is working on this. Freiberg asked for clarification as City Council Workshop Minutes August 13, 2019 Page 3 to what Yorkville was. Thorp indicated it was a settlement annexed by Chaska. Getschow stated there should be a meeting with Bob Mack regarding this designation soon, particularly because there are some concerns regarding private property. Mayor Case raised the question of whether it is time for the City to dedicate either a full-time or part-time staff person to work on history projects. Getschow stated this is something the City could consider. However, such additional staffing is not currently considered in the draft budget for 2020-2021. Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT UNAPPROVED MINUTES 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, Mark Freiberg, P G Narayanan, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. Council Member Aho was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. GREENSTEP CITIES AWARD Diana McKeown, Director of the Clean Energy Resource Team, said there are 125 cities in Minnesota that are GreenStep cities. The City of Eden Prairie has reached Step 5, one of only 13 cities in the State that have reached that level. She noted Step 4 requires each city to decide what is to be measured in order to determine the impact of the changes made and to reach the Step 5 level. Case asked for an example of the measurements. Ms McKeown replied there are a number of things that can be measured such as the reduction of greenhouse gas emissions. Case noted we completed our 20-40-15 program several years ago and then began our Sustainable Eden Prairie efforts because our City is very conscious of environmental and ecological concerns. It is a matter of doing what is right for the environment and leading the way as a city. Ms McKeown presented the Steps 4 and 5 blocks to Mayor Case. Nelson asked when Step 6 will be announced. Mr. McKeown replied Step 5 means continual improvement, and she was not sure where the program will go with Step 6. Item VI.B. CITY COUNCIL MINUTES August 13, 2019 Page 2 B. ACCEPT BIKE FIX IT STATION DONATION FROM SCHEELS (Resolution NO. 2019-85) Lotthammer said Scheels came to us wanting to donate a bike fix it station for the park system. The fix it station has been placed adjacent to the trail in Purgatory Creek Park where a high number of bikes travel on a daily basis. Representatives of Scheels said they believe the fix it station will be very helpful to the community. Narayanan asked if it is a temporary station. The Scheels representative replied it will be a permanent station that will provide tools for bike repairs. MOTION: Narayanan moved, seconded by Nelson, to adopt Resolution No. 2019-85 accepting the donation of a bike fix it station by Scheels. Motion carried 4-0. C. ACCEPT DONATION OF $9,606.03 FROM THE SAMPSON FAMILY FOR ART CENTER EQUIPMENT (Resolution No. 2019-86) Lotthammer said we celebrated the ten-year anniversary of the Eden Prairie Art Center a couple of weeks ago. The Sampson family has been a great sponsor for the Art Center, starting with their donation of the building over ten years ago. They have given contributions over the years to continue to improve the facility, and this year they are donating $9,606.03 to purchase more equipment. Case said he had the opportunity to attend the ten-year celebration of the building and to meet some of the Sampson family members. He thanked them for their generous donations over the years. MOTION: Nelson moved, seconded by Narayanan, to adopt Resolution No. 2019-86 accepting the donation in the amount of $9,606.03 from the Sampson Family to go toward Art Center equipment. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1. MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JULY 16, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, JULY 16, 2019 CITY COUNCIL MINUTES August 13, 2019 Page 3 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council Workshop held Tuesday, July 16, 2019, and the City Council meeting held Tuesday, July 16, 2019, as published. Motion carried 5-0. 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 Ordinance 17-2019-PUD-10-2019 for PUD District review with waivers and Zoning District change from Rural to RM-6.5 on 1.01 acres; Resolution 2019-87 for Site Plan review on 1.01 acres (Ordinance No. 17-2019-PUD-10-2019 for Zoning District change; Resolution No. 2019-87 for Site Plan) C. APPROVE TWO YEAR EXTENSION OF APPROVED PRELIMINARY PLAT FOR EDEN HEIGHTS EAST BY PROJECT DEVELOPERS, INC. (Resolution No. 2019-88) 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 No. 2019-89) 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 CITY COUNCIL MINUTES August 13, 2019 Page 4 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 MOTION: Nelson moved, seconded by Freiberg, to approve Items A-M on the Consent Calendar. Motion carried 4-0. 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) Getschow said last year the City created a new Parks zoning district to provide for a uniform district with uniform setbacks, heights and parking requirements for our parks. Beth Novak-Krebs, Senior Planner, gave a PowerPoint presentation about the Parks and Open Space zoning district change. She noted the Planning Commission unanimously approved the zoning district change at their recent meeting. The ordinance will rezone 35 parks, one special use area and 15 conservation areas to Park and Open Space zoning. She noted the ordinance will not affect any adjacent private property. She reported notice was given to 9,200 residents about the public information meeting on June 3, the July 22 Planning Commission public hearing, and tonight’s public hearing at the City Council meeting. Maps showing the existing zoning and the proposed zoning of parks and open spaces were posted on the City website. She noted this item will come back for second reading at a later date. Nelson assumed the current conservation areas will remain as conservation acres and asked if this project includes outlots. Novak-Krebs replied the conservation areas will remain as such, and the change will include outlots and other parcels. Rosow explained this affects only publicly owned property that is currently designated as park or open space. If it is a privately owned outlot, it is not affected. Novak-Krebs noted there were questions about outlots behind people’s homes, and this does not impact those outlots. Case commented it seems this could only have a positive impact on contiguous neighbors, and it should add tremendous relief for people regarding the future use of parks. There were no comments from the audience. MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing, and CITY COUNCIL MINUTES August 13, 2019 Page 5 to approve the 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. Motion carried 4-0. B. ARBY’S by Arby’s Restaurant Group. Amendment to the approved Site Plan and Architectural Design on 1.14 acres. Getschow said the applicant is proposing interior and exterior remodel of the current Arby’s restaurant. The proposed changes include items such as changing the exterior building elevations, resurfacing and restriping the parking lot, adding a landscaped island and replacing other landscaping, installing a sidewalk connection to Franlo Road, updating the existing signage, and the screening of rooftop mechanicals visible from Prairie Center Drive. John Wollberg, ArcVision, Inc., gave a PowerPoint presentation of the remodeling project to bring the building up to the current standards for Arby’s restaurants. He noted they are currently over parked and will eliminate some of the parking spaces. He reviewed site plans showing the current configuration and the proposed configuration. They plan to add a bike rack and will build a canopy over the drive through. They will add a lot of landscaping around the site. He noted the project, as presented, is over budget by $250,000 because they were required to meet the City standards, and he was not sure the project will be approved by Arby’s. Narayanan asked if Mr. Wollberg was suggesting the pedestrian walkway may not be included because he would be very concerned if that were true. Mr. Wollberg said they will have to present the plans to the corporate office. Freiberg assumed the footprint is not changing and asked where the cost run-ups would occur that might cause pushback from Arby’s. Mr. Wollberg replied a lot of the extra cost is for the pedestrian crosswalk and the extra cost for replacing the brick siding. Case asked where the pedestrian crosswalk is located. Mr. Wollberg pointed out the location of the crossing to the perimeter drive and another crossing over to the curb on the other side of the street. Nelson said she did not want to see the mechanical structures on the top of the building. Mr. Wollberg replied they are adding screening around the equipment on the roof. Narayanan asked if the energy consumption will increase or decrease as a result of the remodeling. Mr. Wollberg responded it should decrease because they are getting rid of some of the tall glass in the building and will have all LED lighting. There were no comments from the audience. MOTION: Nelson moved, seconded by Narayanan, to close the public hearing. Motion carried 4-0. CITY COUNCIL MINUTES August 13, 2019 Page 6 Freiberg was concerned about the project being $250,000 over budget. He wanted things to move forward but would be interested to know if a lot of the extra cost could be attributed to the exterior finishing and if there were alternatives that would work. Dale Rummell, CrestHill Development, said his company is a third party that coordinates remodeling projects for Arby’s. He said about 90% of the extra cost of the project is the use of brick rather than Exterior Insulation and Finish System (EIFS) material for the building exterior. He noted the brick on the building is in decay and must be replaced. The use of EIFS material would allow for a brick pattern over the whole building. The other cost overrun is the requirement to create a sidewalk and crosswalk on the back of the lot. He noted Arby’s has guidelines on what they want to spend on a remodel. Freiberg asked if they would be open to finding a middle ground. Mr. Rummell said the interior remodel is pretty standard, but it is the exterior that is the concern. Nelson said Eden Prairie has design standards in the City and has a list of acceptable building materials. She asked if the EIFS material is allowed. Jeremiah replied the City requires 75% Class 1 material, and EIFS does not fit in that class. EIFS material would be limited to no more than 25% of the building. She said staff had a concern with that and determined it does not have the same permanence as other materials. Nelson was concerned that we would be setting precedent if we change the requirements for this building. Narayanan asked if it is possible to walk over to Arby’s from the mall. Mr. Rummell replied there is no way to walk there now, and there are no actual sidewalks on any of the perimeters. Freiberg said he understood we have standards, but he also understood the importance of a strong business community. He would like to see a negotiation to keep costs in line. Our obligation as a City Council is to work with you and give you the necessary tools to do that. Rosow noted this item is being brought under a newer process that the City Council adopted a couple of years ago to streamline the process to approve a minor amendment. The site plan improvements being discussed are code required conditions. The process doesn’t give the City Council the opportunity to vary the conditions without the proponent going through the original application process. He thought it might be better to give them approval of their application tonight, and then they can determine if they will go ahead with it or come back through the entire process. Case said this is not a negotiating situation. This is a proponent coming to us through the abbreviated process, and this is not the time to discuss changes to our code. Over the past 30 years we have arrived at a certain level of quality that represents the City of Eden Prairie. He thought there are many types of businesses that would like to be in this location. He did not want to have a negotiating time tonight. The project looks great as CITY COUNCIL MINUTES August 13, 2019 Page 7 it was presented tonight. Also, we have talked about walkability around the mall for 35 years so he wanted to keep the sidewalks in the project. Narayanan agreed that we definitely want new business, but it would be difficult to change our process. He was excited to see the sidewalk improvements and hoped they would not have to take those out. MOTION: Nelson moved, seconded by Narayanan, to approve an amendment to the approved site plan and architectural design on 1.14 acres. Motion carried 4-0. C. OAK POINT ELEMENTARY SCHOOL PARKING LOT ADDITION by Independent School District 272. Resolution for a Site Plan Review on 23.05 acres (Resolution No. 2019-90) Getschow said at the last meeting the City Council received a presentation and overview from the School District about the plans for an addition to the Oak Point Elementary parking lot. This item is a public hearing to approve the site plan for the 23.05-acre parking lot addition. There were no comments from the audience. MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing. Motion carried 4-0. Nelson asked if it would be possible for the stormwater basin to be made a rain garden instead. Jay Pomeroy, Anderson Johnson Associates, replied the basin does act as a rain garden, and it will be dry most of the year. Nelson asked if there is any reason not to make it a traditional rain garden so the children could study it. Mr. Pomeroy replied they looked at that possibility; however, it is a very low basin and will be mowed but not manicured. It can be difficult to maintain a traditional rain garden when it is on a school site with limited maintenance staff. Case asked what alternatives were considered after the Watershed District explained the requirement for the infiltration basin. Mr. Pomeroy replied they went through the alternatives for porous pavers, underground storm water, underground stormwater with irrigation reuse, ponding and smaller rain gardens but decided the basin was the best cost alternative. Case asked what considerations were given to the alternatives. Mr. Pomeroy said there is a heavy clay soil there, and they are required to infiltrate the first inch of water. The water goes out a drain tile to the stormwater system after filtration. The cost of any one of the alternatives would be very high, and the systems would be difficult to maintain over time. Case asked when the drainage will overflow directly into the creek because anything over 1.1 inches of rain would fill it to capacity, and at what point the drainage would go untreated into the creek. Mr. Pomeroy replied the pond is twice as large as required by State and Watershed District rules. Case noted the drainage from the CITY COUNCIL MINUTES August 13, 2019 Page 8 lower parking lot currently goes right into the creek. Mr. Pomeroy said a portion of the other drainage is being treated. Narayanan asked if there is any risk that kids could fall into the pond, and how far the pond is located from where they will be playing. Mr. Pomeroy said it is a low basin that will have some standing water and is located about 60-80 feet from the playground area. Narayanan asked if that is a potential safety issue. Mr. Pomeroy replied in cases like this we can either fence it or not, and they elected not to fence the pond. Narayanan asked if what they are doing is a common practice. Mr. Pomeroy replied this actually represents an improvement from having an open water pond that must be dredged every few years. This type of basin is essentially a dry basin except when filled up after a storm. Case noted originally this property included a pottery factory to take advantage of the clay soils that exist there and asked how difficult it will be to construct the basin because of the heavy clay soils. Mr. Pomeroy replied the medium above the clay will be a three-foot depth of sand compost. Case noted an 80 X 35- foot foundation for the original barn on the property is located in the middle of the playground area and might cause an additional expense if it were found when the excavating is done. Mr. Pomeroy replied that would be a hidden condition with which to deal. Case noted our Watershed District will no longer permit only water filtering and also want the volume of water to be reduced. That is easier to do on undeveloped sites than it is on existing sites. Narayanan asked if the water will only stand for 72 hours and after that will be dry. Mr. Pomeroy replied there are times like this wet summer when it will be working overtime. Case commented when he worked at the school there was a larger population than there is now, and asked if the additional parking required is due to heavier volunteer parking. Jason Mutzenberger, Executive Director of Business Services for Eden Prairie Schools, replied there are a number of issues driving this project. There is a need for additional parking for bad weather conditions, events at night and other concerns for staff parking. It will also help free up the parent drop off and pick up area. Case asked if any other alternatives were looked at. Mr. Mutzenberger replied they looked at expansion on the upper level, but there is not a lot of available land up there. They also looked at different placement configurations in the lower area; however, the current layout proved to be the most cost effective. Case noted water infiltration would have been required no matter where the parking was placed. Narayanan asked how much the space for kids to play will be reduced and if there is a State guideline regarding how much play area is required. Mr. Pomeroy replied the City doesn’t have a requirement for parking, and elementary and middle school space is usually based on the number of classrooms with some parking for staff and CITY COUNCIL MINUTES August 13, 2019 Page 9 volunteers. Joel Knorr, Oak Point Elementary School Principal, said they are careful about scheduling the times the kids are out in the playground. This has been a conversation for the last five years because of the traffic and parking issues. Kindergarten through six grade students tend to play on play structures and do not use the open space a lot. He felt there is still plenty of space to play soccer or football for those who choose that. Narayanan asked if we are within the State guidelines. Mr. Knorr replied he was not aware of any guidelines. Mr. Mutzenberger said the project will help address a safety issue for students, parents and staff. The addition will allow them to shuffle quite a few cars to another spot and will increase the safety at the lower parking area. Case said he respected the process the School District has gone through, and the parking issue is a perspective that is incredibly important for those who live around there. He thought there were three buckets at stake in the process: the parking issues; the environmental issues; and the children’s issues. He noted he will vote for the project, but he felt the kids are getting the short stick in the process. There is a Minnesota Department of Education guide for planning school construction that breaks up playground area into categories. The Minnesota minimum playground space is 6.84 acres for 1100 kids at a school. The playground at Oak Point today measures only 4.4 acres, and after this project is completed there will be only 1.98 acres for 1500 kids to play. He asked parents and the School Board to think about how much the kids were considered in this project which has only 27% of the recommended play area. He respected the process a lot and realized there aren’t a lot of alternatives for this site. He encouraged anyone who has concerns about this to go back to their School Board representatives. Nelson said she understood the parking has been a problem there; however, the project was passed by the School Board and they are an elected body. She did not see anything terribly wrong with the project and planned to vote for it. MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No. 2019- 90 for site plan review on 23.05 acres. Motion carried 4-0. D. SOUTHWEST TRANSIT GARAGE BUILDING ADDITION by SouthWest Transit. First reading of an ordinance for PUD District review on 10.05 acres (Ordinance) Getschow said Southwest Transit 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 will be office space. CITY COUNCIL MINUTES August 13, 2019 Page 10 Gary Hay, Hay Dobbs Architects, gave a PowerPoint presentation showing the plans for the project. He noted they received approval of a PUD amendment for parking enhancements on the site but chose not to bring forward plans for the building addition at that time. After approval of the PUD amendment, they have worked with City staff and staff at the Nine Mile Creek Watershed District on the requirements for the site when they did decide to build on it. The project increases the footprint of the building by just over 100 square feet because most of the addition occurs on the second floor or in the current first floor space. He reviewed the changes to be made to the building, noting there will be a new bus entry on the north side and a new elevator to the second floor. The administrative offices will be on the second floor. They will add a training facility and will now be able to have all of their training activities on the site. He described the building elevations and the materials to be used on the exterior. Nelson thanked Mr. Hay for working so hard with staff to make this look like a very nice building. Narayanan was excited to see the new plans and noted it will improve the existing building. Case said he was glad to see they are now able to bring everything together. There were no comments from the audience. MOTION: Narayanan moved, seconded by Nelson, to close the public hearing; to approve the first reading of the ordinance for the Planned Unit Development District review on 10.05 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with 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. Being Prepared for Mass Shootings—Mayor Case CITY COUNCIL MINUTES August 13, 2019 Page 11 Case said after two mass shootings within a 24-hour period, people are asking the country’s leaders to do something. There are some things we can do as a City, and some things we cannot do. This is not about gun control, but rather it is about being prepared for mass shootings. The Council has already asked staff to review our facilities and come back with some considerations for our City infrastructure facilities and public access to the facilities. He said there is also an area where we can be proactive to prepare for events that involve large groups of people such as the Fourth of July celebration. He wanted to begin a discussion as a community about a process where we might have to give up some freedom in order to have safety at an event and he would like the Council to begin the conversation. He noted there was a police presence at the People Fest event, but we may want to be more proactive and have more of a police presence at such events. This is an essential nationwide discussion for communities, schools, churches and shopping malls about how we keep our people safe Narayanan thought we do need to look at our policies and procedures for events where there will be large crowds. We should review the policies with the Police Department and staff. Case noted many cities participating in a recent Mayors’ Conference have two police officers attend each council meeting. 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: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 8:50 p.m. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 3, 2019 DEPARTMENT/DIVISION: Christy Weigel, Police/ Support Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: VIII.A. These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Temporary Liquor Organization: People Reaching out to People (PROP) Event: Paint & Sip Date: October 19, 2019 Place: Eden Prairie Center Suite 1050 8251 Flying Cloud Drive CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 3, 2019 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Julie Klima ITEM DESCRIPTION: Arby’s ITEM NO.: VIII.B. Requested Action Move to: •Adopt a Resolution for a Site Plan Review on 1.14 acres; and •Approve the Development Agreement Synopsis This is final approval of the Development Agreement and plans for the exterior building remodel, minor site improvements and landscaping at the Arby’s located at 560 Prairie Center Drive. Background In 1989, the Arby’s restaurant was approved and a building was constructed on the current 1.14- acre site. The applicant is updating the building façades and materials to a more modern look complying with the design and building material standards. Attachments Resolution Site Plan Review Development Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR ARBY’S BY FRANCHISE ASSOCIATES, INC. WHEREAS, Franchise Associates, Inc., has applied for Site Plan approval to remodel the building facades, and install various minor site and landscaping improvements at 560 Prairie Center Drive, City of Eden Prairie, Minnesota by a Resolution approved by the City Council on September 3, 2019; and WHEREAS, Section 11.03 Subd. 6 allows certain new or amended Site Plan and Architectural Design applications to be subject to review and consideration for approval by the City Council only without referral to the Planning Commission; 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 Franchise Associates, Inc. subject to the review and approval of the Development Agreement between Franchise Associates, Inc. and the City of Eden Prairie by the City Council on September 3, 2019. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of September, 2019. _______________________ Ronald A. Case, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk Development Agreement – Arby’s 9/3/19 1 DEVELOPMENT AGREEMENT FRANCHISE ASSOCIATES, LLC. (ARBY’S) This Development Agreement (“Agreement”) is made this 3rd day of September, 2019 between Franchise Associates, LLC a Minnesota limited liability company hereinafter referred to as “Developer,” its successors and assigns, and the City of Eden Prairie, a municipal corporation, hereinafter referred to as “City.” WITNESSETH: WHEREAS, Developer has applied to City, a Site Plan Review on 1.14 acres, and, legally described on Exhibit A (the “Property”); NOW, THEREFORE, in consideration of the City adopting Resolution No. 2019-00 for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated July 17, 2019 reviewed and approved by the City Council on August 13, 2019, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager Development Agreement – Arby’s 9/3/19 2 of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow or letter of credit, equal to 150% of the cost of said improvements as required by City Code. The installation of the landscaping shall conform to the approved landscape plan including but not limited to the size, species and location. Any changes, including but not limited to removal and relocation, to the landscaping plan or landscaping installed on the Property shall be reviewed and approved by the City prior to implementing said changes. Prior to issuance of the final occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 7. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and Development Agreement – Arby’s 9/3/19 3 differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 8. OWNERS SUPPLEMENT: The Owner’s Supplement to this Agreement executed by and between the City of Eden Prairie and 5060 Central Avenue Partners, a Minnesota general partnership is attached hereto as Exhibit D and made a part hereof. 5060 Central Avenue Partners, a Minnesota general partnership 9. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 10. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 11. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building. Development Agreement – Arby’s 9/3/19 4 IN WITNESS WHEREOF, the parties to this Development Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER: Franchise Associates, LLC A Minnesota limited liability company BY: Its STATE OF GEORGIA ) ) ss. COUNTY OF FULTON ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2019, by , the of Franchise Associates, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public Development Agreement – Arby’s 9/3/19 5 CITY: CITY OF EDEN PRAIRIE By Ronald A. Case Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2019, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, WI 55344 Development Agreement – Arby’s 9/3/19 6 EXHIBIT A DEVELOPMENT AGREEMENT FRANCHISE ASSOCIATES, LLC (ARBY’S) LEGAL DESCRIPTION OF THE PROPERTY PARCEL 1: Lot 1, Block 1, Eden Prairie Center 5th Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota (Abstract) PARCEL 2: Non-exclusive easements appurtenant to the land described herein as Parcel 1 as granted and described in the Operating Agreement recorded as Document No. 4130898, and the Amended and Restated Operating Agreement recorded as Document No. 6374665, and also the First Amendment to Amended and Restated Operating Agreement recorded as Document No. 7573773, and the Second Amendment to Amended and Restated Operating Agreement recorded as Document No. 10582997, all in the records of the County Recorder, Hennepin County, Minnesota PARCEL 3: Non-exclusive cross-access easement appurtenant to the land described herein as Parcel 1 as defined and limited in the Covenants, Conditions and Restrictions Agreement recorded as Document No. 5517760 in the records of the County Recorder, Hennepin County, Minnesota. Development Agreement – Arby’s 9/3/19 7 EXHIBIT B DEVELOPMENT AGREEMENT FRANCHISE ASSOCIATES, LLC (ARBY’S) PLANS LIST OF MATERIALS 1. Cover Sheet dated 7/15/19 by ArcVision 2. Demolition Site Plan dated 7/15/19 by ArcVision 3. Site Plan dated 7/15/19 by ArcVision 4. Photometric Site Plan dated 7/15/19 by ArcVision 5. Landscape Plan dated 7/12/19 by The Mustard Seed 6. Exterior Elevations dated 7/15/19 by ArcVision 7. Renderings stamped received 7/17/19 prepared by ArcVision Development Agreement Arby’s 9/3/19 8 EXHIBIT C DEVELOPMENT AGREEMENT FRANCHISE ASSOCIATES, LLC (ARBY’S) I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Not applicable. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City’s reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: 5060 Central Avenue Partners NO PROPERTY IS BEING DEDICATED AS A RESULT OF THE APPROVALS. THE REMAINDER OF THIS PARAGRAPH VII IS THEREFORE BY ITS VERY TERMS Development Agreement Arby’s 9/3/19 9 NOT APPLICABLE. With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. THERE IS NO FINAL PLAT ASSOCIATED WITH THE APPROVALS AND THEREFORE THIS PARGRAPH BY ITS VERY TERMS IS NOT APPLICABLE. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years’ street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. Development Agreement Arby’s 9/3/19 10 X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or Development Agreement Arby’s 9/3/19 11 pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 ½ by 6 inch sign or decal reading “Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the “Security”) is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys’ fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it’s agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision Development Agreement Arby’s 9/3/19 12 of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works, no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. Development Agreement Arby’s 9/3/19 13 EXHIBIT D DEVELOPMENT AGREEMENT FRANCHISE ASSOCIATES, LLC (ARBY’S) OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN FRANCHISE ASSOCIATES, LLC AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT made and entered into as of September 3, 2019, by and between 5060 Central Avenue Partners LLP, a Minnesota limited liability partnership, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. 2019-00 for Site Plan Review, as more fully described in that certain Development Agreement entered into as of September 3, 2019, by and between Franchise Associates, LLC, a Minnesota limited liability company and City ("Development Agreement") pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 1. If Franchise Associates, LLC, fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. 2019-00 for Site Plan Review identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. Development Agreement Arby’s 9/3/19 14 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. 5060 CENTRAL AVENUE PARTNERS, LLP CITY OF EDEN PRAIRIE By _________________________________ By________________________ Its General Partner Ronald A. Case Its Mayor By ________________________ Rick Getschow, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of __________________, 2019, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. _________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of _________________, 2019, by __________________________, the General Partner of 5060 Central Avenue Partners, on behalf of the partnership. ___________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Development Agreement Arby’s 9/3/19 15 Exhibit A Owner’s Supplement – Development Agreement – Franchise Associates, LLC (Arby’s) PARCEL 1: Lot 1, Block 1, Eden Prairie Center 5th Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota (Abstract) PARCEL 2: Non-exclusive easements appurtenant to the land described herein as Parcel 1 as granted and described in the Operating Agreement recorded as Document No. 4130898, and the Amended and Restated Operating Agreement recorded as Document No. 6374665, and also the First Amendment to Amended and Restated Operating Agreement recorded as Document No. 7573773, and the Second Amendment to Amended and Restated Operating Agreement recorded as Document No. 10582997, all in the records of the County Recorder, Hennepin County, Minnesota PARCEL 3: Non-exclusive cross-access easement appurtenant to the land described herein as Parcel 1 as defined and limited in the Covenants, Conditions and Restrictions Agreement recorded as Document No. 5517760 in the records of the County Recorder, Hennepin County, Minnesota Development Agreement Arby’s 9/3/19 16 EXHIBIT E DEVELOPMENT AGREEMENT FRANCHISE ASSOCIATES, LLC (ARBY’S) CONSENT AND SUBORDINATION The undersigned, owner of that certain Mortgage dated 7th day of September, 2001, recorded the 14th day of December 2001 in the office of the County Recorder in and for the County of Hennepin, State of Minnesota as Document No. 7607145 as modified by that certain Modification of Mortgage dated the 25th day of July, 2013, recorded the 6th day of August, 2013 in the office of the County Recorder in and for the County of Hennepin, State of Minnesota, as Document No. 9990055, covering the Property described on Exhibit A hereto, for valuable consideration, does hereby consent to the and subordinates it interest in the Property to that certain Development Agreement, to which this Consent and Subordination is attached as Exhibit E, dated September 3, 2019 by and between Franchise Associates, LLC and the City of Eden Prairie. Sunrise Banks, N.A. By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ________________ ) On the ______ day of _______________, 2019, before me personally came ___________________________, to me known, who being duly sworn by me stated that he/she is the __________________________ of the said Sunrise Bank, N.A., a National Banking Association and that he/she is duly authorized to execute the foregoing instrument. ______________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 3, 2019 DEPARTMENT/DIVISION: Randy L. Slick Public Works / Engineering ITEM DESCRIPTION: Final Plat Report of Castle Ridge 3rd Addition ITEM NO.: VIII.C. Requested Action Move to: Adopt the resolution approving the final plat of Castle Ridge 3rd Addition. This proposal is for a plat located at the intersection of Castlemoor Drive and Columbine Road as well as the intersection of Prairie Center Drive and Flying Cloud Drive. The plat consists of 20.31 acres to be platted into 1 lot and three outlots and right of way dedication for street purposes. The proposed 5-story, 277 unit senior housing project includes the redevelopment of Castle Ridge Care Center, Broadmoor Apartments and adjacent parcels. This is a replat of Lot 2, Block 1, Fountain Place, Lot 1 and part of Lot 2, Block 2, Castle Ridge and Outlot A, Castle Ridge 2nd Addition. Background Information The preliminary plat was approved by the City Council on June 18, 2019. Second reading of the Rezoning Ordinance and final approval of the Developer’s Agreement was approved by the City Council on August 13, 2019. Approval of the final plat is subject to the following conditions: •Receipt of engineering fee in the amount of $22,160.00 •Receipt of street lighting fee in the amount of $1,550.34 •Prior to the release of the plat, Developer shall provide a Declaration of Covenants,Easements Restrictions and Development Standards over Outlot C. •Prior to release of the final plat, Developer shall provide an Access Easement in favor ofthe property described as Lot 1, Block 1, Fountain Place. •Prior to release of the final pat, Developer shall submit to the City payment of$114,000.00 to meet the Tree Replacement requirement. •Revision to plat shall include standard perimeter drainage and utility easements alongOutlot A adjacent to Columbine Road •Prior to the release of the final plat, Developer shall complete the vacation of Castlemoor Drive right of way. •Revision to the plat shall include drainage and utility easements over the existing privateutilities within the vacated right of way of Castlemoor Drive. •The requirements as set forth in the Developer’s Agreement. •Prior to release of final plat, Developer shall submit a 1” = 200’ scale reduction of plat. •Prior to release of final plat, Developer shall submit a disk in AutoCAD format in Hennepin County coordinates containing parcel and easement data. •Satisfaction of bonding requirements for the installation of public improvements. •Developer shall submit a permit fee of five percent of the construction value of the public improvements prior to the release of the final plat. Attachments Resolution Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- A RESOLUTION APPROVING FINAL PLAT OF CASTLE RIDGE 3RD ADDITION WHEREAS, the plat of Castle Ridge 3rd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Castle Ridge 3rd Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated September 3, 2019. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on September 3, 2019. ____________________________________ Ronald A. Case, Mayor ATTEST: SEAL ______________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 3, 2019 DEPARTMENT/DIVISION: Randy L. Slick Public Works / Engineering ITEM DESCRIPTION: Final Plat Report of Sheldon Place ITEM NO.: VIII.D. Requested Action Move to: Adopt the resolution approving the final plat of Sheldon Place. This proposal is for a plat located at 7960 Eden Prairie Road. The plat consists of 1.01 acres to be platted into 11 lots and right of way dedication for street purposes. The project will consist of 10 townhome units. Background Information The preliminary plat was approved by the City Council on July 16, 2019. Second reading of the Rezoning Ordinance and final approval of the Developer’s Agreement was approved by the City Council on August 13, 2019. Approval of the final plat is subject to the following conditions: •Receipt of engineering fee in the amount of $880.00 •Receipt of street lighting fee in the amount of $438.37 •Prior to the release of the plat, Developer shall prepare and provide to the Chief BuildingOfficial a No Build Agreement for review and approval. •Prior to release of the final plat, Developer shall submit a 10 foot wide Trail Easement ina location as shown on the plans for the potential future relocation of the existing trailalong Eden Prairie Road. •Prior to release of the final pat, Developer shall execute a Special Assessment Agreement for trunk sewer and water in the amount of $8,560.64 •The requirements as set forth in the Developer’s Agreement. •Prior to release of final plat, Developer shall submit a 1” = 200’ scale reduction of final plat. •Prior to release of final plat, Developer shall submit a disk in AutoCAD format inHennepin County coordinates containing parcel and easement data. •Satisfaction of bonding requirements for the installation of public improvements. •Developer shall submit a permit fee of five percent of the construction value of the publicimprovements prior to the release of the final plat. Attachments Resolution Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- A RESOLUTION APPROVING FINAL PLAT OF SHELDON PLACE WHEREAS, the plat of Sheldon Place has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Sheldon Place is approved upon compliance with the recommendation of the Final Plat Report on this plat dated September 3, 2019. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on September 3, 2019. ______________________ Ronald A. Case, Mayor ATTEST: SEAL _______________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: CONSENT DATE September 3, 2019 DEPARTMENT / DIVISION Community Development Richard Rosow City Attorney ITEM DESCRIPTION Reasonable Accommodation Policy ITEM NO. VIII.E. Requested Action Move to: Approve Reasonable Accommodation Policy Synopsis Under the Federal Fair Housing Act (FHA) it is unlawful to “discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, because of a handicap of . . . a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available.” 42 U.S.C. § 3604(f)(2). Discrimination includes the “refusal to make reasonable accommodations in the rules,policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.” 3604(f)(3)(B). With certain exceptions, local zoning ordinances are also subject to the FHA. Alcoholism and drug addiction are “handicaps” under the FHA. 24 C.F.R. § 100.201 (stating that a physical or mental impairment includes “drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism”). The FHA requires the City to make reasonable accommodation for alcoholics, including those who are or would be living in a sober house. The accommodation must be made if it is (1) reasonable and (2) necessary (3) to afford handicapped persons equal opportunity to use and enjoy housing. A sober home is a group home for persons in recovery from substance use disorder. No treatment normally takes place at the home. They are places where a number of unrelated persons live together for support to remain sober. Since treatment does not take place, no licensing is required including no licensing as a state-licensed residential facility. One or more sober houses are operating in Eden Prairie in residential districts including the single family district. In the residential district in which at least one sober house is located, only single-family dwellings are permitted by City Code. City Code § 11.02(33). defines “family” as: One or more persons related by blood, marriage or adoption, including foster children, or a group of not more than five persons (excluding servants) some or all of whom are not related by blood, marriage, or adoption, living together and maintaining a common household but not including sororities, fraternities, or other similar organizations. Residents living near one sober house have brought to the City’s attention that the house has more than 5 unrelated adults living in the home. After reviewing the matter with the City Attorney, the City Planner drafted a policy to provide guidance on making the legislatively required reasonable accommodation. Each case will be different as the circumstances of the home, neighborhood, access, and availability of parking will vary. For purposes of comparison, state-licensed residential facilities are allowed to have up to six persons in a single-family residential property for the purposes of zoning. A city is allowed to apply occupancy limits such as size of the dwelling and the number of occupants provided these regulations apply to all residences, including rental residences in the city regardless of the status of the occupants. For instance a city could adopt a regulation that a dwelling could only have 5 people for every 1,000 square feet but that would have to apply to all dwellings including dwelling occupied solely by a family of related individuals. Instead cities seek to provide reasonable accommodation under the law to facilities such as sober homes and other facilities serving people with disabilities. It is not uncommon for a sober house to have more than 5 unrelated persons living there. One sober house operating in the City has ten residents, and thus does not comply with the zoning ordinance. The Minnesota Court of Appeals has interpreted the FHA as requiring a “waiver of a zoning ordinance if the waiver is capable of producing desirable results while not imposing undue financial or administrative burdens on the municipality and is needed to allow disabled people the same opportunity to live in a certain neighborhood as people without disabilities.” Other Minnesota cities have adopted either ordinance amendments or policies that provide the criteria for deciding in each case what is a reasonable accommodation. Background Under the proposed policy the City Planner, in consultation with the city attorney, is granted the authority to consider and approve, approve subject to conditions or deny a request for reasonable accommodation. In making the decision, the following factors are to be considered: A. Special need created by the disability. B. Potential benefit that can be accomplished by the requested modification. C. Need for the requested modification, including alternatives that may provide an equivalent level of benefit. D. Physical attributes of and any proposed changes to the subject property and structures. E. Potential impact on surrounding uses. F. Whether the requested modification would constitute a fundamental alteration of the zoning regulations, policies, and/or procedures of the city. G. Whether the requested modification would impose an undue financial or administrative burden on the city. H. Family is defined in City Code Section 11.02 as “one or more persons related by blood, marriage or adoption, including foster children, or a group of not more than five persons (excluding servants) some or all of whom are not related by blood, marriage, or adoption, living together and maintaining a common household but not including sororities, fraternities, or other similar organizations”. This definition of family is established for the purpose of preserving the character of residential neighborhoods by controlling population density, noise, disturbance and traffic congestion, and shall not be applied so as to prevent the City from making reasonable accommodation where the City determines it is necessary to afford handicapped persons living together in a permanent household equal access to housing pursuant to the Federal Fair Housing Amendments Act of 1988. I. Any other factor that may have a bearing on the request as determined by the City Planner. Notice of the decision of the City Planner is sent to the applicant and owners of properties immediately adjacent to the property. If an accommodation is granted it runs for the duration of the use of the property by individuals who are eligible for reasonable accommodation and does not run with the land unless specifically determined to do so by the City Planner. This process is chosen as opposed to a variance process under City Code, since a variance, once approved, runs with the property no matter who is occupant or owner. The City Planner may require the applicant to record a covenant acknowledging and agreeing to comply with the terms and conditions of the decision. An applicant and abutting property owners have a right to appeal the decision to an Administrative Law Judge in the Minnesota Office of Administrative Hearings. The decision of the Administrative Law Judge is the final decision of the City. The Courts have ruled however that an applicant has a right to file a lawsuit in court without going through the appeal process. A reasonable accommodation process is applicable in all zoning districts. The process also applies to individuals protected by the Americans With Disability Act (ADA) to. One such example might be a request for reduced setbacks to accommodate an improvement to the property necessary for access or therapy, such as an access ramp or outdoor therapy area. Attachment: Reasonable Accommodation Policy CITY OF EDEN PRAIRIE REASONABLE ACCOMMODATIONS POLICY Section. 1. Policy and purpose. It is the policy of the City, pursuant to the Federal Fair Housing Amendments Act of 1988, to provide reasonable accommodation for persons with disabilities seeking fair and equal access to housing in the application of its zoning regulations. Reasonable accommodation means providing an individual with a disability1 or developers of housing for an individual with a disability, flexibility in the application of land use and zoning regulations or policies (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to housing opportunities. The purpose of this policy is to establish a process for making and acting upon requests for reasonable accommodation. Section 2. Initiation of reasonable accommodation request. Any person who requests reasonable accommodation in the form of modification in the application of a zoning regulation which may act as a barrier to fair housing opportunities due to the disability of existing or proposed residents, may do so on an application form provided by the City Planner. “Person” includes any individual with a disability, his or her representative or a developer or provider of housing for an individual with a disability. The application shall include a detailed explanation of why the modification is reasonably necessary to make the specific housing available to the person(s), including information establishing that the applicant is disabled under applicable laws, as well as other information required by the City Planner to make the determination. If the project for which the request is being made also requires an additional land use review or approval, then the applicant shall file the request concurrently with the land use review. Section. 3. City Planner determination; required findings. The City Planner or designee thereof, in consultation with appropriate City staff and the City attorney, shall have the authority to consider and act on requests for reasonable accommodation. The City Planner shall issue a written decision in which the request is approved, approved subject to conditions, or denied. In making the decision, the following factors shall be considered: A. Special need created by the disability. B. Potential benefit that can be accomplished by the requested modification. C. Need for the requested modification, including alternatives that may provide an equivalent level of benefit. D. Physical attributes of and any proposed changes to the subject property and structures. E. Potential impact on surrounding uses. 1 The Fair Housing Act (FAA) uses the term “handicap” which has been interpreted as the same as a “disability” under the ADA. Disability is the more commonly used term and accordingly is used here. Under the FAA “Handicap” means, with respect to a person— (1) a physical or mental impairment which substantially limits one or more of such person’s major life activities, (2) a record of having such an impairment, or (3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance (as defined in section 802 of title 21). F. Whether the requested modification would constitute a fundamental alteration of the zoning regulations, policies, and/or procedures of the city. G. Whether the requested modification would impose an undue financial or administrative burden on the city. H. Family is defined in City Code Section 11.02 as “one or more persons related by blood, marriage or adoption, including foster children, or a group of not more than five persons (excluding servants) some or all of whom are not related by blood, marriage, or adoption, living together and maintaining a common household but not including sororities, fraternities, or other similar organizations”. This definition of family is established for the purpose of preserving the character of residential neighborhoods by controlling population density, noise, disturbance and traffic congestion, and shall not be applied so as to prevent the City from making reasonable accommodation where the City determines it is necessary to afford handicapped persons living together in a permanent household equal access to housing pursuant to the Federal Fair Housing Amendments Act of 1988. I. Any other factor that may have a bearing on the request as determined by the City Planner. Section. 4. Notice of decision; appeal. A. The written decision of the City Planner shall be mailed to the applicant and to the owners of record of all properties which abut the property which is the subject of the reasonable accommodation request. All written decisions shall give notice of the right to appeal a decision of the City Planner as provided in the following paragraph. Only the aggrieved applicant and abutting property owners have a right to appeal the decision. The decision of the City Planner shall constitute the final decision of the City, unless appealed. B. Appeals and any complaints referred to the City under 24 C.F.R. § 103.100, shall be heard by an Administrative Law Judge in the Minnesota Office of Administrative Hearings. The Administrative Law Judge shall conduct the proceedings according to the contested case procedures of Minnesota Statutes Chapter 14, and make a decision supported by written findings. The decision of the Administrative Law Judge shall constitute the final decision of the City. Any person aggrieved by the final decision is entitled to judicial review of the decision under the provisions of Minnesota Statutes sections 14.63 to 14.68. An appellant shall have no right to a hearing before or decision by the City Council. Section 5. Applicability. If the city grants the request, the request shall be granted only for the duration of the use of the property by individuals who are eligible for reasonable accommodation. The request shall not run with the land unless the City Planner determines that the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with City Code or the accommodation is to be used by another individual with a disability. Section. 6. Conditions and guarantees. Prior to the issuance of any permits relative to an approved reasonable accommodation request, the City Planner may require as a condition of approval that the applicant to record a covenant acknowledging and agreeing to comply with the terms and conditions established in the determination referred to in Section 3. Section 7. Fee. There shall be no fee imposed in connection with a request for reasonable accommodation made pursuant to the provisions of this policy. CITY OF EDEN PRAIRIE REASONABLE ACCOMODATION APPLICATION 2019 APPLICANT/ FEE OWNER INFORMATION Applicant:______________________________________________________________ Address:_______________________________________________________________ City/State/Zip:___________________________________________________________ Phone:________________________ Fax:___________________________ Email Address: __________________________________________________________ Fee Owner (if different than Applicant):_____________________________________________________________ Address:_______________________________________________________________ City/State/Zip:___________________________________________________________ Phone:________________________ Fax:____________________________ Email Address:__________________________________________________________ REQUEST Request: Attach additional sheets if necessary SUBMISSION REQUIREMENTS AND PROCESS SEE REVERSE SIDE FOR REQUIREMENTS & PROCESS Planning Main Line: 952-949-8485 Email: planning @edenprairie.org REQUIRED SIGNATURES Applicant: DATE:__________ Fee Owner: DATE:___________ OFFICE USE ONLY RECEIVED BY DATE RECEIVED COMPLETED APPLICATION DATE RECEIPT NUMBER CHECK NAME & ADDRESS Required Application Materials and Process: 1. A detailed explanation of why the modification is reasonably necessary to make the specific housing available to the person(s), including information establishing that the applicant is disabled under applicable laws, as well as, other information required by the City Planner to make the determination. Information to be shared in the explanation may include the following: A. Special need created by the disability. B. Potential benefit that can be accomplished by the requested modification. C. Need for the requested modification, including alternatives that may provide an equivalent level of benefit. D. Physical attributes of and any proposed changes to the subject property and structures. E. Potential impact on surrounding uses. F. Whether the requested modification would constitute a fundamental alteration of the zoning regulations, policies, and/or procedures of the city. G. Whether the requested modification would impose an undue financial or administrative burden on the city. H. Any other factor that may have a bearing on the request as determined by the City Planner. 2. Any site plans, photos, or other documents requested by staff to fully explain the reasonable accommodation request to the City Planner. 3. The written decision of the City Planner shall be mailed to the applicant and to the owners of record of all properties which are immediately adjacent to the property which is the subject of the reasonable accommodation request. All written decisions shall give notice of the right to appeal a decision of the City Planner as provided in the following paragraph. Only the aggrieved applicant and immediately adjacent property owners who received notice of the written reasonable accommodation determination have a right to appeal the decision. The decision of the City Planner shall constitute the final decision of the City, unless appealed. 4. Appeals shall be heard by an administrative law judge. The administrative law judge shall hold a hearing and make a decision supported by written findings. The decision of the administrative law judge shall constitute the final decision of the City. An appellant shall have no right to a hearing before or decision by the City Council. 5. If the City grants the request, the request shall be granted to an individual for the duration of the individual’s residence on the subject property. The request shall not run with the land unless the City Planner determines that the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with City Code or the accommodation is to be used by another individual with a disability. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 3, 2019 DEPARTMENT / DIVISION: Fire Department Paul Schlueter / Fleet Services ITEM DESCRIPTION: Authorize Purchase of a New 2020 Chevrolet Tahoe For Fire Department ITEM NO.: VIII.F. Requested Action Move to: Authorize purchase of a new 2020 Chevrolet Tahoe Special Service vehicle for the Fire Department for a total cost of $37,392.91. Synopsis Fleet Services has begun vehicle replacement evaluations for 2020 and one of the vehicles that Fleet is recommending to replace is a high mileage Chevrolet Tahoe fire chief’s vehicle. Due to upcoming design changes for the 2021 model year Chevrolet Tahoe, any orders for the 2020 model year Tahoe must be submitted by mid-September 2019 in order to be included in the 2020 model year production. Fleet Services is requesting authorization to order this replacement vehicle at this time. Production lead times for this order have been extended and we would not see delivery of this vehicle until after January 1st of 2020. Funds for this purchase are included in the 2020 Fleet Capital Internal Service Fund budget and funds are currently available for this purchase. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. This new fire chief vehicle will be purchased using the State of Minnesota CPV program. CITY COUNCIL AGENDA SECTION: Consent DATE: September 3, 2019 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Electronic Entrance Sign for the Eden Prairie Community Center ITEM NO.: VIII.G. Requested Action Move to: Approve the purchase of a digital signboard for $49,430 from Think Digital Signs for the entrance of the Eden Prairie Community Center. Synopsis Staff recommends purchasing an 8-foot high by 10-foot wide sign with a 3-foot by 8-foot message center to deliver community information with greater visibility. Think Digital Signs is the lowest cost provider for the specified requirements. Background The current display board off Valley View Road outside the Eden Prairie Community Center stands 9-feet tall by 6-feet wide. The sign itself is aging. The metal is fading in color, the functionality of the cabinet is failing, and the height of the sign is currently out of compliance with City ordinance (updated since the current sign’s inception). According to MN DOT Traffic Data, approximately 9,000 cars pass by the Community Center, along Valley View Road, per da. Equating to approximately 270,000 cars per month. Using an average of 1.5 people per car, approximately 4.9 million people see the Community Center sign per year. An upgraded sign is needed for enhanced capabilities, for better visibility from Valley View Road and for the ability to display community information to those 4 million+ passerbys per year. Staff worked with multiple vendors, obtaining quotes to determine optimal specifications, software functionality, sizing and cost for upgrading the sign to a digital signboard. Quotes with similar specifications were also obtained that exceeded $57,000. Attachments Contract for Goods and Services Rendering of Proposed Sign Upgrade Quote Estimate 2017 06 10 Contract for Goods and Services This Contract (“Contract”) is made on the 3rd day of September, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Think Digital Signs, a Minnesota digital sign vendor (hereinafter "Vendor") whose business address is 7760 France Ave South, Edina, MN 55345. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for digital sign board for the entrance of the Eden Prairie Community Center hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by Think Digital Signs. 3. Compensation for Services. City agrees to pay the Vendor [a fixed sum of $49,430 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated _________________________to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Standard Purchasing Contract 2017 06 01 Page 2 of 5 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. Standard Purchasing Contract 2017 06 01 Page 3 of 5 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Standard Purchasing Contract 2017 06 01 Page 4 of 5 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the Standard Purchasing Contract 2017 06 01 Page 5 of 5 City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager VENDOR By: ________________________________ Its: _______________________________ EDEN PRAIRIE COMMUNITY CENTER 3' H X 8' W DYNAMIC DISPLAY EMC (24 SF) 16700 VALLEY VIEW ROAD 612-719-1990 ThinkDigitalSigns.com1 16700 VALLEY VIEW ROAD 952-456-2575 ThinkDigitalSigns.com Message Center: Size Sign Base Message Center: Resolution 16mm 10mm 16mm 10mm Watchfire Message Center 24,400.00 34,300.00 24,400.00 34,300.00 Double-Face Watchfire Electronic Message Center. New Sign Cabinet 10,650.00 10,650.00 8,820.00 8,820.00 Internally Illuminated Sign Cabinet. Brick Base - - 3,310.00 3,310.00 Includes Material and Labor. Sign Installation 3,000.00 3,000.00 3,000.00 3,000.00 Sign & Software Installation and Training. Sign Electrical Connection Included Included Included Included Connect the sign and test all electrical. Assumes adequate electrical exists at the sign location. 16mm EMC = (1) 20 Amp Circuit. 10mm EMC = (1) 30 Amp Circuit or (2) 20 Amp Circuits. Lifetime Broadband Sign Communications Agreement Included Included Included Included Includes daily Watchfire automated remote sign diagnostics. Permit Administration Included Included Included Included Permit administration included. Permit fees paid by client. Sales Taxes (7.525%)Assume City is Tax Exempt. Total 38,050.00 47,950.00 39,530.00 49,430.00 Eden Prairie Community Center: New Sign Cabinet Description Cabinet Pole Cover Brick Base 3x8 Message Center 8 Eden Prairie Community Center Quote Estimate_2 Message Center 5-Year Parts Warranty 1-Year Labor Warranty Installation includes electrical connection, communications, software and training. > Electrical connection assumes adequate electrical exists at sign location. If additional electrical service is required, we can provide an estimate. > Lifetime Broadband Sign Communication Agreement > Permit Administration –Included (Permit Fees paid by Client) > Software training includes:Initial Training -day of installation Webinar Training from Watchfire Ongoing training from Think Digital Signs as needed Terms: 75% Deposit at time of Order 25% at Installation CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 3, 2019 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Settlement Agreement and Release with Hammel, Green and Abrahamson, Inc. ITEM NO.: VIII.H. Requested Action Move to: Authorize entering into a Settlement Agreement and Release with Hammel, Green and Abrahamson, Inc. Synopsis The City retained HGA in 2013 to provide architectural and engineering services for an aquatic addition to the Eden Prairie Community Center. Issues have arisen with the respect to the Project including the Project’s lighting. Staff and the City Attorney have worked with HGA and their legal counsel to determine a fair and appropriate way to resolve the issues and complete the project in a satisfactory manner. Both parties desire to resolve all issues on the project to date by entering into the attached Settlement Agreement. Attachment Settlement Agreement and Release CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: September 3, 2019 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Standard Agreement for Professional Services with Braun Intertec Corp. for Special Inspection and Construction Materials Testing Services ITEM NO.: VIII.I. Requested Action Move to: Approve a Standard Agreement for Professional Services with Braun Intertec Corporation for Special Inspection and Construction Materials Testing Services for the Construction of the City’s New Drinking Water Ground Storage Reservoir and Pump Station at 8251 Eden Prairie Road. Synopsis The attached professional services agreement is for inspection and materials testing services required to construct the city’s new drinking water ground storage reservoir, pump station, buried underground utilities, and access road. These services ensure suitable soils are used in the earthwork portion of the project, verify the quality of soil compaction, concrete emplacement, masonry work, steel construction integrity, asphalt pavement density, and associated reporting and management of these services. Background Information All costs associated with this agreement will be paid from the water utility enterprise capital improvement fund. Attachments Agreement Exhibit A, Scope of Work 2017 06 01 Version 2017 06 01 Agreement for Professional Services This Agreement (“Agreement”) is made on the _3rd_ day of_September_, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Braun Intertec Corporation_ (“Consultant”), a Minnesota corporation (hereinafter "Consultant") whose business address is _11001 Hampshire Avenue South, Minneapolis, MN 55438_. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for special inspection and construction materials testing services for construction of the City’s drinking water ground storage reservoir and pump station_ hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (_Scope of Work_) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from _September 3, 2019_ through _October 31, 2020_ the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $_56,000_ for the services 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 Consultant 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. Page 2 of 10 2017 06 01 b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant 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. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant 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 Consultant shall provide an itemized listing and such Page 3 of 10 2017 06 01 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. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, 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.” 6. Project Manager and Staffing. The Consultant 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. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant 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. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. Page 4 of 10 2017 06 01 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant 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 Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant 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 Agreement, who shall be employees, and under the direction, of Consultant 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 Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant 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 Page 5 of 10 2017 06 01 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. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for Page 6 of 10 2017 06 01 loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. l. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. m. 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. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’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. o. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’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 Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant 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 Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that Page 7 of 10 2017 06 01 this indemnity shall be construed and applied in favor of indemnification. Consultant 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 Consultant 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 Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant 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 Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in Page 8 of 10 2017 06 01 the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. 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 Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This 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. Page 9 of 10 2017 06 01 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant 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 Consultant 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 Consultant 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 Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant 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. Page 10 of 10 2017 06 01 b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT By: Its: Exhibit A, Scope of Work, to Professional Services Agreement with Braun Intertec for Special Inspections and Construction Materials Testing Services Scope of Work Work prescribed for this agreement consists of Services performed under the direction of a licensed professional engineer on a periodic basis. After reviewing available information to determine compliance with project plans and/or specifications, other design or construction documents, and applicable ASTM and other industry standards, the Consultant’s scope of work for the project will be limited to the tasks defined below. Soil Related Services Observe and evaluate the soils exposed in excavations to determine if the soils are similar to those encountered with the geotechnical evaluation and suitable for support of fill, foundations or pavements. Our engineer can provide consultation for conditions that appear to differ from the geotechnical evaluation. Perform laboratory mechanical analyses (gradations) of prospective fill materials. Perform laboratory Proctor tests to determine the maximum Proctor dry densities and optimum moisture contents of prospective fill materials. Observe the placement and compaction of fill. Perform MnDOT dynamic cone penetrometer (DCP) tests on aggregate base material. Test compacted fill placed below building footprints and oversizing areas, below slabs and/or pavements, adjacent to walls, in utility trenches, select granular borrow, and in areas for which compaction specifications have been provided, to determine if the relative compaction was achieved. Perform double-ring infiltrometer testing on the infiltration basins to determine conformance to project specifications. Engineering oversight and review of the services provided. Concrete Related Services Observe concrete reinforcement placement. Observe the general placement of bolts and other embeds in the plastic concrete. Sample and test the plastic concrete for slump, air content, temperature and prepare test cylinders for laboratory compressive strength testing with ACI level 1 field technicians. We will perform concrete testing on structural items as required by the IBC. Though not required by the IBC we have included testing for the interior slab on grade, exterior sidewalks, curb and gutter, bollards, and pavement. Observe the concrete placement and test sample preparation. Perform laboratory compressive strength testing of the concrete and shotcrete samples. -Observe shotcrete placement on the reservoir tank walls for the core wall cover, wire cover, and cover coat. Perform floor flatness and levelness testing on the reservoir tank slab, up to 72 hours after casting. Structural Masonry Related Services Observe the structural masonry construction and grouting operation on a periodic basis. Observe the preparation of grout and masonry block prism samples. Perform structural masonry grout and structural masonry prism testing. Structural Steel Related Services Observe and test the structural steel welded and bolted connections in the field. Exhibit A, Scope of Work, to Professional Services Agreement with Braun Intertec for Special Inspections and Construction Materials Testing Services Paving Related Services Provide test-roll observations of the pavement subgrade soils and/or aggregate base layer to determine if the materials tested are capable of supporting bituminous or concrete pavement. Measure the in-place density of the fresh bituminous with a nuclear density gauge to help the contractor develop a roll pattern for effective compaction. Perform asphalt content and extracted aggregate gradation tests on bituminous samples. Engineering Consulting and Project Communication and Reporting Services Provide engineering consulting services, review test results and observations reports, and prepare required final reports. Management, including scheduling of our field personnel and communication with the contractor, owner, building official, and design team. Transmit results to the project team on weekly basis to the contractor, owner, building official, fabricators and design team. Basis of Scope of Work The following assumptions shall be used to formulate the basis of the scope of work:  This project will begin in July of 2019, and will be substantially complete by approximately September of 2020.  Assumptions regarding the number of trips for testing shall be as follows: o Soil Compaction Testing – Nuclear  Utilities 9 trips  Sub-grade Prep/Access Road & Trail 5 trips o Soil compaction Testing – DCP 2 trips o Concrete Testing  Sidewalks 2 trips  Curb & Gutter 2 trips  Concrete Pad 1 trip  Bollards 1 trip  Concrete Cylinder Pickup 4 trips o Pavement Testing  Proofroll Observation, Access Road, Trail, Lot 3 trips  Compaction Testing – Nuclear 3 trips o Soil Observations & Testing  Excavation Observations • Foundation Excavations, Pump Storage 3 trips • Foundation Excavations, Tank 3 trips  Compaction Testing – Nuclear 12 trips o Concrete Observations & Testing  Concrete Observations • Pump Encasement Foundations 1 trip • Mat Slab Foundation 2 trips • Foundation Wall (lower to mid level) 2 trips • Foundation Wall (mid to main level) 2 trips • Columns (lower to mid level) 1 trip Exhibit A, Scope of Work, to Professional Services Agreement with Braun Intertec for Special Inspections and Construction Materials Testing Services • Columns (mid to main level) 1 trip • Structural Slab/Beams 2 trips • Stoop Foundation Wall & Slab 2 trips • Generator Pad 1 trip • Reservoir Tank Thickened Edge 2 trips • Reservoir Tank Slab 2 trips  Concrete Testing • Pump Encasement Foundations 1 trip • Mat Slab Foundation 1 trip • Foundation Wall (lower to mid level) 2 trips • Foundation Wall (mid to main level) 2 trips • Columns (lower to mid level) 1 trip • Columns (mid to main level) 1 trip • Structural Slab/Beams 2 trips • Stoop Foundation Wall & Slab 2 trips • Generator Pad 1 trip • Reservoir Tank Thickened Edge 2 trips • Reservoir Tank Slab 2 trips • Reservoir Tank Shotcrete 3 trips • Concrete Cylinder Pickup 16 trips  Masonry Observations & Testing 8 trips  Structural Steel Observations & Testing 2 trips o Earthwork Modifications, Soil Observation & Testing  Excavation Observations • Test Pits 2 trips • Access Road Subgrade/Mining Ex 6 trips  Compaction Testing – Nuclear 6 trips  Consultant will assume the structural steel fabricator will be AISC certified and review of quality control manual or inspections of the fabrication shop are not required.  No special site specific training or gear is required to complete the consultant’s scope of services.  The City or its Engineer, will provide us with current and approved plans and specifications for the project. Modification to these plans will also be sent to the consultant for incorporation into the work plan.  The Consultant will be given at least 24 hours’ notice for scheduling inspections for a specific time. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: September 3, 2019 DEPARTMENT/DIVISION: Rick Wahlen Public Works ITEM DESCRIPTION: I.C. 187035 Approve Change Order No. 1 to Construction Contract for Ground Storage Water Reservoir and Pump Station with Rice Lake Construction Group, Inc. ITEM NO.: VIII.J. Requested Action Move to: Approve Change Order Number 1 to the Construction Contract for the Ground Storage Water Reservoir and Pump Station with Rice Lake Construction Group in the amount of $64,440. Synopsis This change order is in response to discovering that useable, compactible soil for construction fill purposes throughout the project site is not available within the places that are to be excavated for the tank, building, and buried utilities. The suitable material is instead in areas that were not planned to be excavated, and therefore this portion of the contract will require additional work, time, and more resources to accomplish. Background Information The original contract in the amount of $7,957,353 was awarded on May 7, 2019. The 6.55 acre project site is near to Eden Prairie’s original railroad depot known as the Washburn Station and the pump station is designed to resemble the former depot. The project involves the construction of a four million gallon pre-stressed concrete ground storage reservoir and a 2,400 square foot pump station as well as a parking and turn around area for maintenance vehicles. The project was approved by the Planning Commission on January 28, 2019, and the City Council on March 5, 2019. Financial Implications The project will be funded through the Water Enterprise Capital Improvement Fund. Water Access Charges will pay for approximately 50% of construction. The remaining 50% will be paid by Water Enterprise bond fund proceeds that will be issued later this year. The original bid award was 7.5% less than the engineer’s budget estimate, and this change order results in a project cost still well within budget. Attachment Change Order Request August 21, 2019 Advanced Engineering and Environmental Services, Inc. 6901 East Fish Lake Road, Suite 184 Water Tower Place Business Center Maple Grove, MN 55369-5457 Attn: Jason Benson, PE RE: Eden Prairie GSR and Pump Station – COP-001 Rev 1 – Earthwork Modifications Dear Mr. Benson: As directed by AE2S, Rice Lake has priced up several unit price items associated with the earthwork modifications required due to the unsuitable soils encountered onsite. The table below lists the new unit price items. The prices have been revised as discussed yesterday at the progress meeting. Rice Lake has removed our additional winter construction costs out of the mining common unit price and has inserted a new line item for these costs. Description Qty Unit Unit Price Extension Notes Mobilization 1 LS $ 5,000.00 $ 5,000.00 Mining Common (Direct Embankment) 6000 CY $ 6.00 $ 36,000.00 Only anticipated rough quantity for road embankment at 1:1 Excavation - Subgrade 1000 CY $ 6.20 $ 6,200.00 Unknown quantity Rice Lake Field Burden 1 LS $ 6,140.00 $ 6,140.00 Additional Winter Construction Costs 1 LS $ 11,100 $11,100 Total $ 64,440.00 The quantities listed in the table are approximate quantities. Actual quantities for each item will be tracked daily by both Rice Lake and AE2S. Payment of these items will be made on the actual quantities. Additionally, this extra work will cause a delay of four weeks to the project. As such, the substantial completion date should be adjusted to September 29, 2020. This delay is based on having an approved change order by August 23, 2019 or additional costs and delays may be occurred. Fixed Costs of Maintaining Site Delayed start impacts Only if necessary as a result of delayed start time. Attachment 1 - Request for Change Order to Construction Contract with Rice Lake Construction Group for Earthwork Modifications to the Original Planned Site Work We request that a change order be issued for these costs and the additional time associated with this work. Feel free to call with any questions or concerns regarding COP-001. Sincerely, RICE LAKE CONSTRUCTION GROUP Colin Leonard, PE Project Manager cc: Chris McKenzie Emily Meerdink Joe Childers File Attachment 1 - Request for Change Order to Construction Contract with Rice Lake Construction Group for Earthwork Modifications to the Original Planned Site Work Attachment 1 - Request for Change Order to Construction Contract with Rice Lake Construction Group for Earthwork Modifications to the Original Planned Site Work Attachment 1 - Request for Change Order to Construction Contract with Rice Lake Construction Group for Earthwork Modifications to the Original Planned Site Work CITY COUNCIL AGENDA SECTION: Public Hearings DATE: September 3, 2019 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Julie Klima ITEM DESCRIPTION: Highland Oaks ITEM NO.: IX.A. Requested Action •Close the Public Hearing; and •Adopt a Resolution for Planned Unit Development Concept Review on 9.73 acres; and •Approve the 1st reading of the Ordinance for Planned Unit Development District Reviewwith waivers on 9.73 acres and a Zoning District Change from R1-13.5 to R1-9.5 on 9.73acres; and •Adopt a Resolution for a Preliminary Plat of one lot into 17 lots and 1 outlot on 9.73 acres; and •Direct Staff to prepare a Development Agreement incorporating Staff and Commissionrecommendations and Council conditions; and •Authorize the issuance of an early Land Alteration Permit for Highland Oaks at the request of the Developer subject to the conditions outlined below. Synopsis Wooddale Builders is requesting approval of a subdivision of a 9.73 acre property into 17 single family lots and 1 outlot. The property is located at 7120 Gerard Drive, west of Sleepy Hollow Lane and north of Roberts Drive. The project proposes the extension of a public street off of Gerard Drive providing a cul de sac into the project area. There is a second cul de sac proposed allowing access to the western most lots. The applicant is proposing villa style homes that offer single level living. The lots range in size from 10,277 square feet to 31,840 square feet. The average lot size within the project is 15,786 square feet. The proposed density is 1.74 units per acre. The project area also includes an outlot that is proposed to be deeded to the City for preservation of the wetland area. Requested Waivers The property is currently guided Low Density Residential. The proposed plat is consistent with the guiding of the property. The property is currently zoned R1-13.5. The applicant is requesting to rezone the property to R1-9.5, which allows smaller single family lot sizes. The proponent is requesting a number of waivers. The waivers may be reasonable given the unique nature of this project and property constraints. Following is a list of the waivers being requested: A. Minimum Lot Width City Code requires a minimum lot width of 70 feet in the R1-9.5 Zoning District. Lots that are located on entirely on the arc of a cul de sac have a minimum lot width requirement of 55 feet at the right of way line. The applicant is requesting a waiver to the minimum lot width to several of the proposed lots as depicted in the proposed plans. Lot widths on the cul de sacs (Lots 5, 6, 11, and 12) range from 34.5 to 53.2 feet in width. The proposed lot widths for Lots 1, 2, 15, and 16 range from 55.9 to 69 feet. B. Minimum Lot Width on a Corner Lot City Code requires a minimum lot width of 85 feet for corner lots in the R1-9.5 Zoning District. The width of Lot 3 along Tranquility Circle is proposed at 72.47 feet and 56.3 feet along Highland Oaks Court. C. Front Yard Setback City Code requires a minimum 30 foot front yard setback in the R1-9.5 Zoning District. The applicant is requesting a 25 foot front yard setback for all of the lots. The proposed setback would provide for an increase in back yard area and distance from existing homes in adjacent neighborhoods. D. Side Yard Setback The R1-9.5 Zoning District requires a minimum 5 foot side yard setback with a total of 15 feet with both sides. The applicant is proposing a minimum 7.5 foot side yard setback on each side for a total of 15 feet with both sides for all of the lots. Planning Commission Recommendation The Planning Commission voted 5-0, with 2 abstentions, to recommend approval of the project at the August 12, 2019 meeting. There were two conditions of approval needing to be addressed prior to the 1st reading before the City Council. The applicant has addressed those items which included providing lot widths as measured at the right of way line and updating the Tree Replacement Plan and Tree Survey to provide consistency. The Planning Commission received public testimony at the August 12 meeting. The testimony included concerns from neighborhood residents related to traffic safety, tree removals, stormwater management, and construction impacts. A copy of the minutes from the August 12, 2019 Planning Commission meeting are attached for the Council’s reference. The City has received several communications from residents following the Planning Commission review. Those communications are attached for the Council’s reference. Early Land Alteration Permit and Utility Installation Request The applicant has requested that the City Council authorize the early issuance of a land alteration permit and utility installation. Issuance of early land alteration permits have been requested and approved by the Council for other projects. Issuance of an early land alternation permit requires the submittal and approval by City staff of all relevant information. Any work completed prior to final approval of the project is done at the Developer’s risk. The request for early utility construction is not a standard request. Staff does not recommend approval of a request for early utility construction/installation due to the project not having final Council approval; final street and utility plans and specifications are not typically submitted until after the project is fully approved; several outside agency’s approvals and permits are needed; significant securities are needed before construction can proceed; and early utility work would involve excavation and/or connection to current public works facilities (streets, sanitary sewer connections, watermain connections, etc) that are outside of the boundaries of the development project. Legal Descriptions The applicant has alerted staff and the City Attorney to an issue related to the legal descriptions of the property. The applicant will be seeking an order from the District Court seeking reformation of the legal description to resolve this issue. This process will likely take approximately 45 days to complete. Approval of the preliminary plat is contingent upon this issue being resolved to the satisfaction of the City Attorney. Approval of the final plat will not be able to occur until this matter has been resolved. Attachments 1. Ordinance for PUD District Review with Waivers and Zoning District Change 2. Resolution for PUD Concept 3. Resolution for Preliminary Plat 4. Staff Report 5. Guiding Map 6. Zoning Map 7. Aerial Map 8. Planning Commission Minutes 9. Resident Communication - Ringsmuth 10. Resident Communication - Stormoen HIGHLAND OAKS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2019-PUD-_-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 R1-13.5 Zoning District and be placed in the R1-9.5 Zoning District as noted in Exhibit A - 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 Wooddale Builders, Inc. and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2019- , and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-_-2019- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2019- is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2019- are justified by the design of the development described therein. D. PUD-_-2019- is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the R1-13.5 and placed in the R1-9.5 Zoning District as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-_-2019- and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 3rd day of September, 2019, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of __________, 2019. ATTEST: __________________________________ ___________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on__________________, 2019. EXHIBIT A R1-13.5 Zoning District to R1-9.5 Zoning District Legal Description Prior to Final Plat: Parcel 1: That part of the East ½ of the Northeast Quarter of Section 10, Township 116, Range 22, described as follows: Commencing at appoint in the East line of said Section 10, distant 841.63 feet South of the Northeast corner of said Section; thence North 71 degrees 30 minutes West 595.8 feet; thence Westerly and Southerly on a tangential curve to the left with a radius of 101.98 feet a distance of 162.05 feet to the actual point of beginning of the tract of land to be described: thence continuing Southerly on an extension of said curved line a distance of 52.25 feet to a point 1860.1 feet North of the South line of the NE Quarter of said Section 10, and 699 feet West of the East line of said NE Quarter measured on a line parallel with the South line of said NE Quarter of Section 10; thence West parallel with said South line 595.8 feet, more or less to the West line of the East ½ of the NE Quarter of said Section; thence North along said West line to the Northwest corner of said East ½ of the NE Quarter; thence East along the North line of said tract to its intersection with a line bearing North 18 degrees 8 minutes West from the actual point of beginning; thence South 18 degrees 8 minutes East to the actual point of beginning, Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 1336259. Parcel 2: That part of the Northeast Quarter of the Northeast Quarter of Section 10, Township 116, Range 22 described as follows: Commencing at a point in the East line of said Section 10, distant 841.63 feet South of the Northeast corner of said Section; thence North 71 degrees 30 minutes West 595.8 feet; thence Westerly and Southerly on a tangential curve to the left with a radius of 101.98 feet a distance of 140.95 feet to the point of beginning of the tract of land to be described; thence continuing Southerly on an extension of said curved line a distance of 21.1 feet; thence North 18 degrees 08 minutes West to a point in the North line of said Section; thence East along said North line to its intersection with a line bearing North 18 degrees 08 minutes West from the actual point of beginning; thence South 18 degrees 08 minutes East to the actual point of beginning, Hennepin County, Minnesota. Torrens Property Torrens Certificate No 1306293. Parcel 3: Outlot A, Topview Acres 5th Addition, Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 1306294. Legal Description After the Final Plat: Lots 1-17 and Outlot A, Highland Oaks, Hennepin County, Minnesota. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF HIGHLAND OAKS FOR WOODDALE BUILDERS WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on August 12, 2019, on Highland Oaks by Wooddale Builders and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on September 3, 2019. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Stable Path, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated August 28, 2019, 3. That the PUD Concept meets the recommendations of the Planning Commission dated August 12, 2019. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of September, 2019. _______________________ Ronald A. Case, Mayor ATTEST: ______________________________ Kathleen Porta, City Clerk EXHIBIT A PUD Concept Legal Description Before the Final Plat: Parcel 1: That part of the East ½ of the Northeast Quarter of Section 10, Township 116, Range 22, described as follows: Commencing at appoint in the East line of said Section 10, distant 841.63 feet South of the Northeast corner of said Section; thence North 71 degrees 30 minutes West 595.8 feet; thence Westerly and Southerly on a tangential curve to the left with a radius of 101.98 feet a distance of 162.05 feet to the actual point of beginning of the tract of land to be described: thence continuing Southerly on an extension of said curved line a distance of 52.25 feet to a point 1860.1 feet North of the South line of the NE Quarter of said Section 10, and 699 feet West of the East line of said NE Quarter measured on a line parallel with the South line of said NE Quarter of Section 10; thence West parallel with said South line 595.8 feet, more or less to the West line of the East ½ of the NE Quarter of said Section; thence North along said West line to the Northwest corner of said East ½ of the NE Quarter; thence East along the North line of said tract to its intersection with a line bearing North 18 degrees 8 minutes West from the actual point of beginning; thence South 18 degrees 8 minutes East to the actual point of beginning, Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 1336259. Parcel 2: That part of the Northeast Quarter of the Northeast Quarter of Section 10, Township 116, Range 22 described as follows: Commencing at a point in the East line of said Section 10, distant 841.63 feet South of the Northeast corner of said Section; thence North 71 degrees 30 minutes West 595.8 feet; thence Westerly and Southerly on a tangential curve to the left with a radius of 101.98 feet a distance of 140.95 feet to the point of beginning of the tract of land to be described; thence continuing Southerly on an extension of said curved line a distance of 21.1 feet; thence North 18 degrees 08 minutes West to a point in the North line of said Section; thence East along said North line to its intersection with a line bearing North 18 degrees 08 minutes West from the actual point of beginning; thence South 18 degrees 08 minutes East to the actual point of beginning, Hennepin County, Minnesota. Torrens Property Torrens Certificate No 1306293. Parcel 3: Outlot A, Topview Acres 5th Addition, Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 1306294. Legal Description After the Final Plat: Lots 1-17 and Outlot A, Highland Oaks, Hennepin County, Minnesota. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-___ RESOLUTION APPROVING THE PRELIMINARY PLAT OF HIGHLAND OAKS FOR WOODDALE BUILDERS BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Highland Oaks for Wooddale Builders stamp dated August 28, 2019, and consisting of 9.73 acres into 17 lots and 1 outlot, 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 subject to approval of the 2nd reading of the Ordinance for the Planned Development District Review with waivers and a Zoning District change; approval of the Development Agreement; and subject to District Court granting the relief requested in the petition seeking reformation of the property legal description to the satisfaction of the City Attorney. ADOPTED by the Eden Prairie City Council on the 3rd day of September, 2019. _______________________________ Ronald A. Case, Mayor ATTEST: __________________________ Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Julie Klima, City Planner DATE: August 8, 2019 SUBJECT: Miller Property/Highland Oaks LOCATION: 7120 Gerard Drive GUIDING: Low Density Residential ZONING: R1-13.5 REQUESTED ZONING: R1-9.5 REQUEST:  Planned Unit Development Concept Review on 9.73 acres  Planned Unit Development District Review with waivers on 9.73 acres  Zoning District Change from R1-13.5 to R1-9.5 on 9.73 acres  Preliminary Plat of one lot into 17 lots and one outlot on 9.73 acres BACKGROUND The applicant is proposing to divide a 9.7 acre property into 17 single family lots. The property is located at 7120 Gerard Drive, which is just west of Sleepy Hollow Lane and north of Roberts Drive. There is a single-family home on the property. There are single- family uses and conservation areas surrounding the subject site. Staff Report – Miller Property/Highland Oaks August 8, 2019 Page 2 2 The applicant is proposing to extend a public street off of Gerard Drive into the property as a cul de sac. A second cul de sac would provide access to 5 of the lots. The lots within the plat range in size from 10,200 square feet to 31,800 square feet in size. The average lot size within the development is 14,815 square feet. All lots within the proposed development meet and exceed the minimum lot size for the proposed zoning district. Outlot A preserves the wetland area and wetland buffer area and will be deeded to the City. The proposed density of the project is 1.74 units per acre. The applicant is proposing single family villa style homes with one level living opportunities. Through the 2017 Housing Study and Aspire 2040 process, this product has been identified as a housing product type that is needed in the community. ZONING The property is currently guided Low Density Residential. The property is currently zoned R1- 13.5. The applicant is requesting to rezone the property to R1-9.5. The proposed zoning is consistent with the guiding of the property. PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in Staff Report – Miller Property/Highland Oaks August 8, 2019 Page 3 3 environmental design. The applicant is requesting the following waivers: A. Minimum Lot Width City Code requires a minimum lot width of 70 feet in the R1-9.5 Zoning District. Lots that are located on entirely on the arc of a cul de sac have a minimum lot width requirement of 55 feet at the right of way line. The applicant is requesting a waiver to the minimum lot width to several of the proposed lots as depicted in the proposed plans. Lot widths on the cul de sacs range from 34 to 60 feet and on the remaining lots from 64 to 70 feet. The applicant shall provide the City with the exact lot width measurements of each lot at the right of way prior to review by the City Council. B. Minimum Lot Width on a Corner Lot City Code requires a minimum lot width of 85 feet for corner lots in the R1-9.5 Zoning District. The width of Lot 3 along Tranquility Circle is proposed at 72.47 feet and 56.25 feet along Highland Oaks Court. C. Front Yard Setback City Code requires a minimum 30 foot front yard setback in the R1-9.5 Zoning District. The applicant is requesting a 25 foot front yard setback for all of the lots. The proposed setback would provide for an increase in back yard area and distance from existing homes in adjacent neighborhoods. D. Side Yard Setback The R1-9.5 Zoning District requires a minimum 5 foot side yard setback with a total of 15 feet with both sides. The applicant is proposing a minimum 7.5 foot side yard setback on each side for a total of 15 feet with both sides for all of the lots. TREE REPLACEMENT The tree replacement requirement for the proposed project is 548 caliper inches. The proposed trees used to meet this requirement are intended to compensate for the loss of significant and heritage trees due to grading and construction on the site. The Tree Replacement Plan meets the requirement and includes 548 caliper inches of trees for tree replacement. All of the proposed trees on the Planting Plan are being counted toward tree replacement. Prior to City Council review of the proposed project, the Tree Replacement Plan and Tree Survey shall be revised to consistently identify the planting of 176 trees at 3 caliper inches and 5 trees at 4 caliper inches. OUTLOT A The applicant is proposing to deed the land shown as Outlot A for preservation of the wetland and wetland buffer areas. Staff Report – Miller Property/Highland Oaks August 8, 2019 Page 4 4 BUILDING LAYOUT The applicant has provided a potential layout of the homes on the lots. The proposed layout provides some variety in the view from the street by including side loaded garages on the homes and flipping the floor plans of the homes so the garages are not all on the same side of the homes. DRAINAGE The applicant is providing for stormwater management on site. A stormwater basin is proposed to be located in Outlot A. The outlot will be deeded to City. In addition, several filtration and infiltration basins will be constructed on the property to address stormwater treatment. The applicant has been working with the Watershed District to address both City and Watershed District requirements. INCLUSIONARY HOUSING No affordability or inclusionary housing requirements are recommended to be applied to the project, as the suitability of such requirements for this type of for-sale owner-occupied housing are to be considered and addressed by the City’s recently formed Housing Task Force. NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on June 12, 2019. Based on feedback from the applicant, 85 property owners were notified of the meeting and 10 persons were in attendance. The City has received several communications from residents within the vicinity of the proposed project. Those communications have been attached for the Commissions reference. STAFF RECOMMENDATION Recommend approval of the following request:  Planned Unit Development Concept Review on 9.73 acres  Planned Unit Development District Review with waivers on 9.73 acres  Zoning District Change from R1-13.5 to R1-9.5 on 9.73 acres  Preliminary Plat of one lot into 17 lots and one outlot on 9.73 acres This is based on plans stamp dated July 26, 2019, staff report dated August 8, 2019 and the following conditions: 1. Prior to the 1st reading before the City Council, the applicant shall: A. Provide lot widths for each of the lots measured at the right of way line. B. The Tree Replacement Plan and Tree Survey shall be revised to consistently identify the planting of 176 trees at 3 caliper inches and 5 trees at 4 caliper inches. 2. Prior to Final Plat approval, the applicant shall Staff Report – Miller Property/Highland Oaks August 8, 2019 Page 5 5 A. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. 3. Prior to land alteration permit issuance, the applicant shall: A. Submit detailed storm water runoff, wetland, utility, street and erosion control plans for review and approval by the City Engineer. B. Submit a tree replacement letter of credit, or escrow surety equivalent to 150% of the cost of the tree replacement. C. Obtain and provide documentation of Watershed District approval. D. Notify the City and Watershed District 48 hours in advance of grading. E. Install erosion control at the grading limits of the property for review and approval by the City. 4. Prior to building permit issuance for the property, the applicant shall: A. Pay the appropriate cash park fees. B. Provide recorded copies of any Home Owner Association documents or private covenants and agreements to the City following recording of the final plat. 5. The following waivers have been granted through the PUD District Review for the project as indicated in the plans stamp dated January 22, 2019. A. Minimum Lot Width - City Code requires a minimum lot width of 70 feet in the R1- 9.5 Zoning District. The Waiver allows for lot width at the right of way line as shown on the plans. B. Minimum Lot Width on a Corner Lot - City Code requires a minimum lot width of 85 feet for corner lots in the R1-9.5 Zoning District. The Waiver allows a width of Lot 3 along Tranquility Circle at 72.47 feet and 56.25 feet along Highland Oaks Court. C. Front Yard Setback - City Code requires a minimum 30 foot front yard setback in the R1-9.5 Zoning District. The Waiver allows a 25 foot front yard setback for all of the lots. D. Side Yard Setback - The R1-9.5 Zoning District requires a minimum 5 foot side yard setback with a total of 15 feet with both sides. The Waiver allows a minimum 7.5 foot side yard setback on each side for a total of 15 feet with both sides for all of the lots. 6. All signage shall require review and approval of a sign permit and shall comply with Section 11.70. SITE KERRY R OB E RTS GERARD T O P VIE W BEEHIVEARBOR GL E NDONLEASLEEPY HOLLOWMELODY 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: Miller PropertyAddress: 7120 Gerard DRiveEden Prairie, MN 55346 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 310 0 310155 Feet SITE KERRY R O B E R T S GERARD T O P VIE WARBOR GLENBEEHIVE DONLEAEDGEBROOKSLEEPY HOLLOWMELODY 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 0.10.05 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: Miller PropertyAddress: 7120 Gerard DriveEden Prairie, MN 55346 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 Sleepy Hollow Lane Kerry Lane Beehive Court Gerard Drive ROBERTS DR GERARD DR KERRYLN T O PVIE W RD BEEHIVECT EDGEBROOK PL ARBOR GLEN DRMELO D Y CTSTEWART DRBUTTERSCOTCH RDSTEWARTDR SLEEPY HOLLOW LNDONLEA LN¯ Aerial Map: Miller PropertyAddress: 7120 Gerard DriveEden Prairie, MN 55346 0 310 620155 Feet APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, AUGUST 12, 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: Beth Novak-Krebs, Senior 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 members Villarreal and Weber were absent. III. APPROVAL OF AGENDA MOTION: Iyer moved, seconded by both Higgins and DeSanctis to approve the agenda. MOTION CARRIED 7-0. Letter requesting continuance of Costco IV. MINUTES MOTION: Farr moved, seconded by Kirk to approve the minutes of July 22, 2019 with the change to offer more context of Pieper’s comment on pedestrians’ versus motorists view of the proposed SouthWest Station Retail sign. MOTION CARRIED 7-0. V. PUBLIC HEARINGS A. MILLER PROPERTY Request for: • Planned Unit Development Concept Review on 9.73 acres • Planned Unit Development District Review with waivers on 9.73 acres • Zoning District Change from R1-13.5 to R1-9.5 on 9.73 acres • Preliminary Plat of one lot into seventeen lots on 9.73 acres Steve Schwieters of Wooddale Builders Minnesota presented a PowerPoint and explained the application. The 9.7 acre property would be divided into 17 single PLANNING COMMISSION MINUTES August 12, 2019 Page 2 family lots. The property, currently zoned R1-13.5, would be rezoned to R1-9.5, which allows for a maximum density of 3.5 units per acre whereas the project proposed a density of 1.74 units per acre. Outlot A is proposed to be deeded to the City to preserve the wetland and wetland buffer area. Schwieters likened this project to the Stable Path project: it was built as an empty-nester community, with one-level living in custom designed, villa-style homes with full basements. However, this would have a higher price point, at $850,000.00 to one million dollars. The average lot would be 64 feet wide and each would have side-loaded garages. Some would have a 2.5-car garage, with the majority having three-car garages like Stable Path. Schwieters worked with staff on tree removal and replacement and on sand removal. A neighborhood meeting was held in June, and residents raised concerns about the number of units, the density, and the water drainage areas. Residents to the south get a lot of water during rainfall and in winter, and Schwieters worked with staff to retain water on property. Schwieters displayed various elevations showing the two-car side loaded garage, front porch, steep roofs, and the “cottage” style. The design would allow a loft inside the roof. Each landscape plan would be customized and the applicant would be replacing approximately500 trees. Farr noted most side yard variance requests asked for five- and ten-foot sides and asked why a waiver of 7.5- and 7.5-feet was requested. Schwieters replied this allowed for more flexibility and in most cases there would be more than 7.5- and 7.5 feet on the sides. Farr asked if the HOA would allow fences between properties, and Schwieters replied it would not. Farr encouraged Schwieters to allow service vehicles to be able to get through between houses. Schwieters replied this was possible but highly unlikely as there would be retaining walls off the front porches and staircases. There could be electric fences for dogs, but no rear or side fences, and no pools allowed, only hot tubs. Mette approved of the side-load garages. She asked Schwieters to explain what the community could expect in terms of traffic during construction. Schwieters replied the workers would be hauling loads of dirt and sand, which would contribute most of the traffic. Then there would be carpenters and the normal traffic associated with construction. He anticipated closing on the property in late September, and acquiring a permit to grade the property, clear trees and haul dirt in late September or early October for two weeks between the hours of 7:30 a.m. and 4:30 p.m. There would be daily street cleaning. Again, it would be similar to the Stable Path project. DeSanctis found it laudable to save some of the larger caliper black cherry trees. He asked Schwieters to consider native pollinators in the landscape plan, as a butterfly and bee habitat was crucial. Schwieters replied he had not considered that but would be willing to work with staff. DeSanctis asked, given the price point, if Schwieters would consider spec homes with solar shingles or panels. PLANNING COMMISSION MINUTES August 12, 2019 Page 3 Schwieters replied that was always a thought in the background, but he had not done much of it. Recently he completed a house on Lake Minnetonka with solar panel, but it was not one of Wooddale’s standard features. Electric car charging units would be included. DeSanctis asked if there could be permeable driveways and Schwieters replied he planned to use concrete for a higher-end look. Permeable was not considered but he would be willing to consider using pavers. DeSanctis asked if it was possible to allocate space for a community garden, and Schwieters replied there was an option off the walkouts for a small privacy fence with plantings. The properties would have a lot of open space in front but mostly trees and prairie grass to the back. Iyer asked for the stormwater management capacity of the project. Schwieters introduced the engineer, Robert Molstad, who explained an infiltration basin would be built which would capture the water. At Farr’s request Molstad explained the drain tile system on the east property line. Farr suggested Molstad consider angling roof lines to maximize the water collected. Molstad displayed the infiltration basin on the plan and explained each home would receive a free rain barrel with a package and a brochure to explain usage. Farr urged that the heritage Burr Oak scheduled for cutting on Lot 6 at the southwest corner be saved, if possible. Schwieters agreed this could be done. Novak-Krebs presented the planners report. The applicant was seeking several PUD waivers for the property: a reduction of front yard setback from 30 feet to 25 feet; the side yard setbacks of 7.5 feet on each side rather than 10 feet on one side and 5 feet on the other and minimum lot width from 70 feet and 55 feet (for lots located on the bulb of the cul-de-sac) to widths as depicted in the plans. She had received several comment letters from residents expressing concern about density. Staff recommended approval of the project. Higgins asked for and received clarification that the wetland and conservation area outlot would be deeded to the City. Bourne stated this was to preserve the wetland and the City actually owned several adjoining parcels. Kirk asked for details on the future traffic flow. Pieper noted a sharp turn coming out of the development and asked if sight lines would be sufficient. Rue replied the development would generate about 10 additional trips per day per unit including garbage trucks and buses. There would be an increase in traffic during construction. Traffic at completion would not increase significantly, perhaps 5-10 trips per day per unit more. Roberts Drive averaged 1500-2000 trips per day. Staff struggled with this corner, as it was an atypical intersection and the only access to the cul-de-sac. The sight lines should be sufficient and area trees could be trimmed. Iyer asked if sidewalks could be added. Rue replied that was difficult with any infill neighborhood like this. Farr asked if there would be a stop sign leaving this development, and Rue replied there would be. Farr asked if another on northbound or westbound Gerard Drive was needed. Rue replied the sight lines were adequate so it was not needed. PLANNING COMMISSION MINUTES August 12, 2019 Page 4 Farr asked what a projected maximum number of units could be built on this land. Rue the increase would be negligible; the topography, trees and wetland limited the development and the average lot size was 15,000 square feet with some very large lots as large as 31,000 square feet. This was not a dense development. Mette suggested speed bumps, adding she did drive the area and the very sharp turn forced her to slow down. She asked what triggered a traffic study and when: a certain size development, discretion of staff, et cetera? Rue replied there was no set metric for a traffic study, but a traffic memo at minimum could be done. Mette asked if maps of traffic counts at Gerard Drive could be found. Rue replied a neighborhood street could handle many cars, and the count on residential streets on a fairly typical residential neighborhood would be about 1,500–2,000 cars per day. Resident Keith Kapitan, of 12838 Gerard Drive, stated the corner in question was treacherous in winter and expressed concerns for safety. Resident Timothy Kojetin, 13173 Beehive Court, stated he was here as a parent of two small children who had to take the bus and was also concerned about the project’s impact on neighborhood safety. Resident Jennifer Prince, 13190 Beehive Court, stated she lives south of proposed lots 4, 5, and 6 and she had very little grass with a pollinator and rain garden instead. She was concerned about possible piling of snow and leaves due to this development and added she had water in her basement for first time during the past winter. Water ran into her back yard and filter drains would not work in frozen ground. She displayed a drawing of the location of drains and sewer which turned to glare ice and warned this was not a one-time occurrence. She wanted reassurance the neighbors to the south would not be flooded out. She added the corner was dangerous for children on sleds and bicycles. Resident Chris Sieffermann, of 6997 Edgebrook Place, requested roads wide enough for fire trucks to turn safely and added one crashed into one lot near the proposed development. Some years back even a plane crashed near here. Resident Maria Ringsmuth, of 13166 Beehive Court, stated she was also concerned about possible flooding. She had reached out to Schwieters regarding saving the 100-year old burr oak Farr had mentioned and emphasized she was not against change. She requested Schwieters consider reducing the number of units from 17 to 10, though she understood it was already spec-ed. She also asked for a green space for retirees to walk along the Miller property and the property line to the south. She added she cared for a 32-year-old son with brain injury who traveled in a three-wheeled vehicle and gave Wayzata as an example of new PLANNING COMMISSION MINUTES August 12, 2019 Page 5 developments that incorporated new walking/biking paths. She also requested Schwieters plant more burr oaks than prairie grass. Resident Brian Farrell, of 7140 Gerard Drive, stated he too was a father of two small children who walked them to the bus stop. The curved road was dangerous; one car missed the turn and was totaled, striking a sign put there to remind drivers of the curve. Winter in the area was icy and even more dangerous with no sidewalks. MOTION: Higgins moved, seconded by DeSanctis to close the public hearing. MOTION CARRIED 7-0. Higgins echoed many of the concerns of the residents that the streets in the area were curved and very hilly part of Eden Prairie, and potentially dangerous even for a careful driver. Mette agreed the key issue was not the amount of traffic but safety, speed, visibility, and a place for pedestrians to walk. She asked if it was not possible to have a sidewalk on Gerard Drive, and urged that something be implemented to increase the safety including the snow, ice, and water drainage. Easy solutions were a speed bump and caution signage but this probably required more intense examination. She did not see the requested reduction in units as making a significant change but urged that curb cuts, storm sewers, and the infiltration area be addressed. DeSanctis stated the key issues were safety and a hydrological issue, the distribution of water. Removing trees removed roots that keep water in place and once gone they were never fully replaced. He called for an organic, integrated relationship between this project and its neighbors rather than a shoehorned development, and added that adding a walkway would enhance its livability. Farr agreed with Mette that he saw no incremental benefit of reducing the number of units. He found nothing negative in the waiver requests, but he understood the frustration of the residents and called for a sidewalk along Gerard Drive and for civil engineer Molstad to explain his storm water management solution. Molstad projected an aerial overview and pointed out the overflow arrows and how the plan would handle the water. Molstad explained that the stormwater management being proposed will improve drainage from what it is now. DeSanctis emphasized a greater effort to integrate “us and them” and called for a separating, self-protecting berm along the south end of the development. Kirk agreed the street safety issue was a difficult one and added he was not sure the development was the root cause but could be exacerbating it. He asked staff to work with the civil engineer on this larger question. Iyer what mechanisms could be put in place to keep people away from the street. Bourne replied staff could look at adding sidewalks but this would be difficult to retrofit a sidewalk along an existing street and would run into landscaping and grade issues. DeSanctis PLANNING COMMISSION MINUTES August 12, 2019 Page 6 requested there be signage on Gerard Drive denoting the sharp curve and the speed limit, and resident Farrell replied there already was one but was hit by the car that missed the curve. Discussion followed on possible solutions to the traffic on Gerard Drive. Kirk noted it was difficult but necessary to balance the values of the City and the rights of the residents with those of the developer. He commended the healthy dialogue inspired by informed and involved residents in attendance at this meeting, and added the developer had done a good job to create a reasonably balanced development. He supported the waivers as reasonable, but urged the safety issues on Gerard Drive and on other potentially dangerous road in Eden Prairie be looked at on continuous basis. MOTION: Farr moved, seconded by Mette to recommend approval of the Planned Unit Development Concept Review on 9.73 acres, Planned Unit Development District Review with waivers on 9.73 acres, zoning district change from R1-13.5 to R1-9.5 on 9.73 acres and preliminary plat of one lot into seventeen lots on 9.73 based on the information contained in the staff report dated August 8, 2019. MOTION CARRIED 7-0, with 2 abstentions. B. PARAVEL APARTMENTS Request for: • Planned Unit Development Concept Review on 4.962 acres • Planned Unit Development District Review with waivers on 4.962 acres • Site Plan Review on 4.962 acres • Preliminary Plat of an outlot into one lot on 4.962 acres Novak-Krebs presented the staff report. The stormwater management piece had not yet been received. Staff recommended the public hearing be continued to August 26, 2019. MOTION: DeSanctis moved, seconded by Higgins to continue the item to the August 26, 2019. MOTION CARRIED 7-0. C. COSTCO FUEL FACILITY EXPANSION Request for: • Planned Unit Development District Amendment with waivers on 18.18 acres • Site Plan Review on 18.18 acres MOTION: Kirk moved, seconded by Iyer to continue the item to the September 9, 2019 public hearing. MOTION CARRIED 7-0. VI. PLANNERS’ REPORT PLANNING COMMISSION MINUTES August 12, 2019 Page 7 Novak-Krebs passed along an invitation to the commission members for the Riley Purgatory Bluff Creek Watershed 50 year celebration on August 28, 2019 at Riley-Jacques Barn, 9180 Riley Lake Road. VII. MEMBERS’ REPORTS VIII. ADJOURNMENT MOTION: Farr moved, seconded by Kirk to adjourn. MOTION CARRIED 7-0. The meeting was adjourned at 8:42 p.m. To the Honorable: Mayor Ron Case, Council Members: Brad Aho, Mark Freiberg, PG Narayanan, and Kathy Nelson. cc: To the Owner of Wooddale Builders: Steve Schwieters. Fax 952-345-0543 (no email available on website) Hello, my name is Maria (and David) Ringsmuth and I wanted to reach out to our elected officials with an appeal to table the Wooddale Builders Proposed 17 Home Miller Development until a Plan B Option is considered with 11 homes resulting in less traffic for our neighborhood and less destruction of the existing natural beauty. Beehive Court has 11 homes. Sleepy Hollow has 6 homes. Donlea Lane has 7 homes. Melody Court has 8. Why is the Miller Property being developed with so many homes? If Wooddale Builders had proposed 6-9 homes no one would have complained, but 17 homes compared to the other cul-de-sacs seems over-developed. I attended the public hearing on 8-12-19 and Steve, the owner of Wooddale Builders shared his plans with homes for $750,000 to $850,000 going to $1.1M to $1.2M. Steve and the Planning Commissioners listened to us but I left the meeting wondering if a less-dense plan could be considered as follows: · Reduce home density to 11 like it is on Beehive Court. This is more in keeping with the current density in our neighborhood. Entrance to the Miller Property involves a sharp L-shaped entry point where there have already been accidents due to the severe angle. Residents enjoy walking in our neighborhood and are concerned the proposed development will bring too much traffic on this blind turn. We are going from 1-2 cars when the Millers lived there to 51 cars with the proposed new development (17 homes with 3-car garages with a potential of 51 cars); all this on a sharp turn. · Less homes would leave more land in place and save more of the park-like atmosphere. We live next to Jennifer & Bob Prince on Beehive Court who had water damage in their basement for the first time ever this last spring with valid concerns that it was related to the ground testing for the new homes. Fewer homes would mean a greater land buffer for the Prince’s home and our home. The proposed 17 home development creates a new water vail at the border of the Prince property as well as our property to catch excess water in the event of 100- year rains. We are hoping that fewer homes would allow the developer to push the water vail further away from the Prince and Ringsmuth property lines. Would you like a new water reservoir near your property line? · Estimating 11 homes worth $11M vs the current $17M is a loss of 6 homes worth $6M. The goal is for the loss of $6M to be absorbed by 11 homes; roughly $60,000 per home; resulting in 11 homes with a higher price of $1.6M each to make up the difference back to $17M. · 11 homes vs 17 homes results in less traffic, less trees removed, less dirt hauled away to develop the site and more nature protected. I believe the future home owners would like more nature preserved. Also, if Wooddale Builders would consider opening up the development with a board walk to enter the existing 9-Mile Creek walking paths that could be a very marketable option. I spoke with Randy at 9-Mile Creek and he said he would welcome a walking path easement if it complies with their water protection guidelines. Would Wooddale Builders consider a Plan B option of 11 units (rather than 17) with no loss in revenue for Wooddale Builders or for the City Tax Revenue. With 2 options to choose from the City is demonstrating a willingness to allow a vote up or down on the merits of each plan as they see it. The current home owners must accept the things we cannot change. This is an appeal to identify the things that can be changed. The challenge is to unite and proceed with the difference. Thank you for hearing me out. ~ Maria Ringsmuth 13166 Beehive Ct, Eden Prairie MN 55346 612-272-4124 mringsmuth@cfaith.com Miller Development Appeal for 11 Homes (vs 17) Project 7120 Gerard Drive by Wooddale Builders for Review Sept 3rd, 2019 at 7pm at City Hall We need to think of others and not just ourselves. I’ll walk a mile in your shoes but would you walk a mile in mine? CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: September 3, 2019 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: X. Requested Action Move to: Approve the Payment of Claims as submitted (Roll Call Vote) Synopsis Checks 269348 - 269825 Wire Transfers 1023351 - 1023507 Wire Transfers 7216 - 7254 Purchasing Card 7254 City of Eden Prairie Council Check Summary 9/3/2019 Division Amount Division Amount 000 General 716,790 304 Senior Board 20 100 City Manager 27,421 308 E-911 571 101 Legislative 783 314 Special Investigations 500 102 Legal Counsel 46,180 315 Economic Development 7,002 110 City Clerk 665 317 Eden Prairie Players 738 111 Customer Service 4,573 502 Park Development 874 112 Human Resources 300 509 CIP Fund 243,635 113 Communications 13,403 513 CIP Pavement Management 31,445 114 Benefits & Training 2,366 522 Improvement Projects 2006 602,951 130 Assessing 1,442 526 Transportation Fund 25,806 131 Finance 1,105 532 EP Road Connect Flying Cloud 24,049 132 Housing and Community Services 200 536 General LRT 360,000 136 Public Safety Communications 1,225 538 SingleTree Lane South 273,702 137 Economic Development -5,652 804 100 Year History 53 138 Community Development Admin.425 Total Capital Projects Fund 1,571,346 150 Park Administration 166 151 Park Maintenance 50,154 601 Prairie Village Liquor 126,721 153 Organized Athletics 16 602 Den Road Liquor 261,782 154 Community Center 34,954 603 Prairie View Liquor 154,115 156 Youth Programs 33,114 605 Den Road Building 2,110 157 Special Events 6,548 701 Water Enterprise Fund 299,794 158 Senior Center 3,570 702 Wastewater Enterprise Fund 35,105 159 Recreation Administration 13,023 703 Stormwater Enterprise Fund 21,657 160 Therapeutic Recreation 659 Total Enterprise Fund 901,284 162 Arts 11,057 163 Outdoor Center 789 316 WAFTA 358 164 Park Rental Facilities 47 802 494 Commuter Services 48,443 168 Arts Center 1,727 803 Escrow Fund 19,472 180 Police Sworn 26,883 806 SAC Agency Fund 12,425 184 Fire 50,297 807 Benefits Fund 1,078,169 186 Inspections 5,179 809 Investment Fund 990 200 Engineering 1,441 811 Property Insurance 5,655 201 Street Maintenance 1,270,260 812 Fleet Internal Service 124,838 202 Street Lighting 67,112 813 IT Internal Service 115,659 Total General Fund 2,388,218 814 Facilities Capital ISF 10,000 815 Facilites Operating ISF 46,578 301 CDBG 23,463 816 Facilites City Center ISF 86,830 303 Cemetary Operation 5,142 817 Facilites Comm. Center ISF 56,888 Total Special Revenue Fund 28,605 Total Internal Svc/Agency Funds 1,606,305 Report Total 6,495,758 City of Eden PrairieCouncil Check Register by GL 9/3/2019 Check #Amount Supplier / Explanation Account Description Business Unit Comments 269586 953,558 EUREKA CONSTRUCTION INC Improvement Contracts General Fixed Asset Account Gr Preserve Blvd Reconstruction 269684 681,920 BITUMINOUS ROADWAYS INC Asphalt Overlay Street Maintenance 2019 Pavement Mgmt 1023492 510,183 PEARSON BROTHERS INC Seal Coating Street Maintenance 2019 Sealcoat Project 7231 285,991 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Period ending 08.02.19 7251 279,200 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Period ending 08.16.19 269710 266,024 EBERT CONSTRUCTION Building General Fixed Asset Account Gr Staring Lake Pavillion 269487 263,000 LEISERV LLC Right of Way & Easement General LRT Easement and ROW acquisition Bowlero 1023491 240,942 ODESA II LLC Improvement Contracts SingleTree Lane South Singletree South Streetscaping 7229 175,837 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Period ending 07.19.19 7249 175,195 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Period ending 08.02.19 1023444 150,505 MINNESOTA ROADWAYS CO Other Contracted Services Capital Maint. & Reinvestment Dell Road trail/ramps 1023454 130,267 XCEL ENERGY Design & Engineering Outdoor Center Mulit location electric 7243 113,872 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax July 2019 269348 97,000 LP EP APARTMENTS, LLC Right of Way & Easement General LRT 1023498 89,056 SRF CONSULTING GROUP INC Design & Engineering General Fixed Asset Account Gr 1023361 88,773 MIDWAY FORD Autos Utility Operations - General 1023485 54,900 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Rehab 7254 53,447 USB-PURCHASING CARD Equipment Repair & Maint Water Distribution 1023445 49,000 ODESA II LLC Other Contracted Services Capital Maint. & Reinvestment 269819 48,212 TYLER TECHNOLOGIES INC Software IT Capital 269381 47,750 DEPARTMENT OF CORRECTIONS Other Contracted Services Park Maintenance 269805 36,824 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 269394 35,136 FORD OF HIBBING Autos Fleet - Police 1023489 34,232 LOGIS Network Support Water Accounting 269610 31,923 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 269739 30,549 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 269412 28,151 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1023437 25,806 GMH ASPHALT CORPORATION Improvement Contracts Transportation Fund 269595 25,800 GOODPOINT TECHNOLOGY INC Design & Engineering CIP Pavement Management 7233 24,794 EMPOWER Deferred Compensation Health and Benefits 1023383 24,584 DIVERSE BUILDING MAINTENANCE Janitor Service Maintenance Facility 7253 24,562 EMPOWER Deferred Compensation Health and Benefits 1023481 24,418 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 269352 23,982 ABM ONSITE SERVICES-MIDWEST Tenant 1-Janitor Service City Center - CAM 1023363 23,720 PLEHAL BLACKTOPPING INC Landscape Materials/Supp Capital Maint. & Reinvestment 269707 23,230 DODGE OF BURNSVILLE Equipment Parts Fleet - Police 269688 21,683 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 269365 20,379 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 7232 20,138 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 7252 20,019 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 269823 18,938 WARNING LITES Contracted Striping Traffic Signs 7238 18,676 FURTHER - AKA SELECT Other Deductions Health and Benefits 269407 18,343 HP INC Computers IT Operating 269369 18,276 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 269557 18,169 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 1023486 16,689 HANSEN THORP PELLINEN OLSON Design & Engineering Capital Maint. & Reinvestment Check #Amount Supplier / Explanation Account Description Business Unit Comments26979116,383 NAC Contract Svcs - HVAC City Center - CAM 1023446 16,180 PARROTT CONTRACTING INC Equipment Repair & Maint Water Distribution 7216 16,175 NCR MERCHANT SOLUTIONS Bank and Service Charges Prairie View Liquor Store 269366 15,553 BREAKTHRU BEVERAGE MINNESOTA WINE & SPIR Liquor Product Received Prairie Village Liquor Store 269748 15,359 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 7226 15,000 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 7244 15,000 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission 269463 14,464 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 269723 14,242 GRAYMONT Treatment Chemicals Water Treatment 269399 14,126 GRAYMONT Treatment Chemicals Water Treatment 1023393 14,095 MINNESOTA ROADWAYS CO Other Contracted Services Capital Maint. & Reinvestment 269597 14,021 GRAYMONT Treatment Chemicals Water Treatment 269411 13,777 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 269738 13,427 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1023376 12,801 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 269406 12,749 HOUSE OF PRINT Printing Community Brochure 269689 12,494 BREAKTHRU BEVERAGE MINNESOTA WINE & SPIR Liquor Product Received Prairie Village Liquor Store 269622 12,301 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 269649 12,278 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 269609 12,236 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 7237 12,106 FURTHER - AKA SELECT HSA - Employer Health and Benefits 269693 11,773 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 269614 11,725 LANDMARK REMODELING LLC Other Contracted Services Rehab 269439 11,325 NORTHSTAR MUDJACKING & MORE LLC Asphalt Overlay Street Maintenance 1023426 11,278 WSB & ASSOCIATES INC Design & Engineering Improvement Projects 2006 7241 11,040 FURTHER - AKA SELECT HSA - Employee Health and Benefits 269587 10,990 F I R E Training Fire 1023497 10,586 SKYHAWKS Instructor Service Lesson Skills Development 269560 10,532 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 269447 10,490 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1023375 10,478 WSB & ASSOCIATES INC Testing General Fixed Asset Account Gr 1023430 10,338 BIFFS INC Waste Disposal Park Maintenance 269665 10,000 XTREME INTEGRATION Other Contracted Services Facilities Capital 269558 9,950 BREAKTHRU BEVERAGE MINNESOTA WINE & SPIR Liquor Product Received Prairie View Liquor Store 1023480 9,658 CENTERPOINT ENERGY Gas General Community Center 269750 9,144 METERING & TECHNOLOGY SOLUTIONS Merchandise for Resale Water Metering 269645 9,130 RAY N WELTER HEATING Other Contracted Services Rehab 269824 9,025 WHEN I WORK INC Other Contracted Services Community Center Admin 7245 8,726 U.S. BANK - I-494 PURCH. CARD Conference/Prof. Dev.494 Corridor Commission 269673 8,700 AMERICAN ENGINEERING TESTING INC Testing Improvement Projects 2006 269815 8,685 TECH SALES CO Equipment Parts Water Treatment 269662 8,479 VERIZON WIRELESS Data Plans - Police IT Operating 269807 8,444 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1023459 8,421 CARLSTON, BRANDON Clothing & Uniforms Police Sworn 269641 8,142 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 7234 7,813 CARD CONNECT Bank and Service Charges Community Center Admin 269745 7,597 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 1023495 7,523 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Wastewater Lift Station 1023482 7,221 ELECTRIC PUMP Equipment Parts Wastewater Lift Station 269734 7,188 HOOTSUITE Other Contracted Services Communications Check #Amount Supplier / Explanation Account Description Business Unit Comments2695726,974 CORE & MAIN Equipment Parts Water Distribution 1023392 6,906 METRO SALES INCORPORATED*Other Rentals IT Operating 269699 6,855 COMMERCIAL ASPHALT CO Asphalt Overlay Street Maintenance 269437 6,775 NAC Capital Under $25,000 Maintenance Facility 1023434 6,728 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station 7220 6,663 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 269483 6,650 WATER CONSERVATION SERVICES INC Equipment Repair & Maint Water Distribution 269376 6,599 COMMERCIAL ASPHALT CO Asphalt Overlay Street Maintenance 269626 6,500 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION Dues & Subscriptions Prairie Village Liquor Store 269450 6,495 PRAIRIE RESTORATIONS INC Other Contracted Services Park Maintenance 269384 6,039 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 269700 6,024 CORE & MAIN Equipment Parts Stormwater Collection 269600 5,846 HEALTHPARTNERS Payroll-ExecutiveDirector 494 Corridor Commission 269419 5,655 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 1023506 5,258 WM MUELLER AND SONS INC Landscape Materials/Supp Stormwater Collection 269584 5,168 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet - Police 1023429 5,121 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 269426 5,096 MIDWEST PLAYSCAPES Landscape Materials/Supp Capital Maint. & Reinvestment 7227 5,020 FURTHER - AKA SELECT HRA Health and Benefits 269798 4,916 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 269559 4,885 CANADA GOOSE MANAGEMENT INC Other Contracted Services Stormwater Non-Capital 1023451 4,790 USA SECURITY Equipment Repair & Maint Utility Operations - General 269392 4,693 FIRE SAFETY USA INC Protective Clothing Fleet Operating 7217 4,516 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 269712 4,515 EHLERS & ASSOCIATES INC Deposits TIF-Columbine Road Housing 269444 4,411 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 269663 4,397 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 269709 4,391 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 269716 4,297 FIRE SAFETY USA INC Protective Clothing Fleet Operating 1023378 4,248 A-SCAPE INC Contract Svcs - Lawn Maint.Building 51 269454 4,110 RIVERS EDGE CONCRETE Asphalt Overlay Street Maintenance 269549 4,097 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1023505 4,034 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 269793 3,951 NORTHERN LIGHTS DISPLAY Printing Communications 269354 3,913 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 269603 3,872 HP INC Computers Fire 1023424 3,808 VAN PAPER COMPANY Cleaning Supplies City Hall (City Cost) 269361 3,770 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn 269602 3,644 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1023502 3,545 ULINE Supplies - General Bldg Pool Maintenance 269422 3,520 M&A EXECUTIVE SEARCH LLC Training Fire 269797 3,506 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 269621 3,500 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission 1023428 3,387 ASPEN WASTE SYSTEMS INC.Waste Disposal Fire Station #3 269653 3,349 STEM BUILDERS Instructor Service Camps 269822 3,285 VALLEY PAVING INC Improvement Contracts General Fixed Asset Account Gr 269472 3,258 SUMMIT COMPANIES Safety Supplies Fire Station #4 269405 3,205 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 269628 3,154 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 269576 3,150 DEPARTMENT OF CORRECTIONS Other Contracted Services Park Maintenance Check #Amount Supplier / Explanation Account Description Business Unit Comments10233843,037 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 269742 3,027 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Fire Station #1 1023483 3,016 GENUINE PARTS COMPANY Repair & Maint - Ice Rink Fleet Operating 269565 3,000 CLEARPOINT STRATEGY Other Contracted Services Administration 269607 3,000 IRON MALTESE ATHLETICS Health & Fitness Fire 7239 2,990 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 269747 2,924 LYNCH CAMPS INC Instructor Service Lesson Skills Development 7225 2,904 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 1023447 2,846 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Police (City Cost) 269717 2,821 FIRST MINNETONKA CITY BANK Incentives 494 Corridor Commission 1023432 2,786 CENTERPOINT ENERGY Gas Den Road Liquor Store 269733 2,781 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 7218 2,781 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 269368 2,774 BRYAN ROCK PRODUCTS INC Gravel Park Maintenance 1023379 2,761 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 269372 2,724 CENTURYLINK Fiber Lease Payments City Center - CAM 269593 2,709 GEAR WASH LLC Other Contracted Services Fire 1023465 2,689 METROPOLITAN FORD Equipment Parts Fleet Operating 269813 2,647 SUMMIT COMPANIES Contract Svcs - Fire/Life/Safe City Center - CAM 269390 2,600 F I R E Training Fire 1023373 2,590 VINOCOPIA Liquor Product Received Prairie View Liquor Store 269604 2,576 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 269623 2,548 MIDWEST PLAYSCAPES Landscape Materials/Supp Park Maintenance 269676 2,536 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1023472 2,531 VAN PAPER COMPANY Cleaning Supplies Park Shelters 1023500 2,513 STREICHERS Protective Clothing Police Sworn 269415 2,465 JONES & BARTLETT LEARNING LLC Training Fire 269803 2,430 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits 269582 2,419 EAGLE BUILDING COMPANY Reimbursement Escrow 1023372 2,385 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference - Cmty Ctr 269615 2,295 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 1023388 2,258 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 269485 2,252 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 269719 2,251 GEAR WASH LLC Other Contracted Services Fire 269448 2,238 PINE PRODUCTS INC Landscape Materials/Supp Community Center 269811 2,210 STERLING FENCE INC Contract Svcs - General Bldg Fire Station #3 269464 2,203 SOUTHWEST TRANSIT Reimburse-legal notices Escrow 269796 2,201 PARK NICOLLET CLINIC Health & Fitness Fire 1023474 2,155 WSB & ASSOCIATES INC Other Contracted Services Pleasant Hill Cemetery 269564 2,129 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 269598 2,104 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 1023390 2,029 MARSHALL & SWIFT Software Maintenance Assessing 269387 1,985 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet - Police 269666 1,974 SUDDATH RELOCATION SYSTEMS OF MINNESOTA Other Contracted Services Fire 269400 1,971 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 269468 1,959 STATE OF MINNESOTA Autos Fleet - Police 269677 1,935 ARVIG Fiber Lease Payments IT Operating 269799 1,907 PRESCRIPTION LANDSCAPE Other Contracted Services Street Maintenance 269682 1,900 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 1023400 1,892 STREICHERS Clothing & Uniforms Police Sworn Check #Amount Supplier / Explanation Account Description Business Unit Comments2695461,882 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Street Maintenance 269389 1,870 E-SMASH BADMINTON LLC Instructor Service Lesson Skills Development 269590 1,832 FORTERRA PIPE & PRECAST Equipment Parts Stormwater Collection 1023377 1,827 ADVANCED ENGINEERING & ENVIRONMENTAL SE Equipment Repair & Maint Water Supply (Wells) 269552 1,816 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 269657 1,799 THE ADVENT GROUP Temp 494 Corridor Commission 269729 1,721 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 269690 1,720 BRICKS 4 KIDZ Instructor Service Camps 1023404 1,655 WALL TRENDS INC Contract Svcs - General Bldg Police (City Cost) 269371 1,651 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Water Distribution 269353 1,644 ALTERNATIVE BUSINESS FURNITURE INC Supplies - General Bldg Police (City Cost) 269675 1,638 APPLIED ECOLOGICAL SERVICES INC Maintenance Contracts Stormwater Non-Capital 269551 1,632 BARNA, GUZY & STEFFEN ,LTD Legal Legal Council 269425 1,620 MHSRC/RANGE Training Fire 269721 1,613 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution 1023425 1,599 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1023371 1,571 TESSMAN SEED CO Chemicals Park Maintenance 269668 1,567 STATE OF MINNESOTA Autos Fleet - Police 269445 1,565 PERA Deposits 494 Corridor Commission 269442 1,560 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 269654 1,560 SUMMIT COMPANIES Equipment Repair & Maint Utility Operations - General 1023455 1,553 ZIEGLER INC Equipment Parts Fleet Operating 269743 1,551 LANO EQUIPMENT INC Equipment Repair & Maint Park Maintenance 7235 1,527 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 269566 1,508 COLORTIME CRAFTS Operating Supplies July 4th Celebration 1023453 1,498 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 269640 1,493 PERA Payroll-ExecutiveDirector 494 Corridor Commission 1023484 1,474 GRAINGER Repair & Maint. Supplies City Center - CAM 269816 1,472 THE ADVENT GROUP Temp 494 Corridor Commission 269360 1,472 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 1023477 1,465 ASPEN WASTE SYSTEMS INC.Waste Disposal Maintenance Facility 1023406 1,447 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 269393 1,423 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 269720 1,420 GIRARD'S BUSINESS SOLUTIONS INC Equipment Repair & Maint Customer Service 269647 1,400 SATORIUS ASHLEY Other Contracted Services Special Events Admin 1023478 1,399 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 269438 1,384 NATIONAL BUSINESS FURNITURE Operating Supplies-Station sup Fire 1023368 1,343 SITEONE LANDSCAPE SUPPLY, LLC Landscape Materials/Supp Community Center 269691 1,342 BWS HEATING & AIR CONDITIONING Contract Svcs - Garden Rm/Caf.Garden Room Repairs 269625 1,335 MINNESOTA FIRE SERVICE CERTIFICATION BOA Training Fire 1023359 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM 1023464 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM 269608 1,320 JEFF MARTIN COMPANY Other Contracted Services Miller Park 269639 1,315 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1023381 1,306 CDW GOVERNMENT INC.Computers - Monitors IT Operating 269703 1,300 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery 269802 1,250 PROMO WORLD LLC Incentives 494 Corridor Commission 269579 1,240 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1023366 1,233 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Center - CAM 269547 1,228 AIRGAS USA LLC Supplies - Pool Pool Maintenance Check #Amount Supplier / Explanation Account Description Business Unit Comments2693591,226 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance 1023493 1,199 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof Den Bldg. - CAM 269573 1,185 COUNTY MATERIALS CORPORATION Equipment Parts Stormwater Collection 269580 1,172 DOMACE VINO Liquor Product Received Prairie View Liquor Store 269650 1,168 SPORTS UNLIMITED Instructor Service Lesson Skills Development 269599 1,150 HAYO, SHAI Other Contracted Services Staring Lake Concert 1023456 1,136 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Fire 269398 1,131 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 1023391 1,124 MENARDS Repair & Maint. Supplies Fire 269476 1,110 THE ADVENT GROUP Temp 494 Corridor Commission 269470 1,108 STRYKER SALES CORPORATION EMS Supplies Fire 1023353 1,100 CONCRETE CUTTING AND CORING Protective Clothing Park Maintenance 269594 1,100 GIVE GET SISTET Other Contracted Services Staring Lake Concert 269728 1,100 HARD DAY'S NIGHT-A BEATLES TRIBUTE Other Contracted Services Staring Lake Concert 269711 1,075 ECHOES OF ELVIS Other Contracted Services Staring Lake Concert 1023369 1,072 SOPPELAND, LONNIE Tuition Reimbursement/School Organizational Services 269642 1,060 PHT ART LLC Other Contracted Services Special Events Admin 269605 1,056 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 269583 1,054 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Prairie View Liquor Store 7242 1,002 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 269550 1,001 ASPEN MILLS Clothing & Uniforms Police Sworn 269713 995 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Operating 269660 990 US BANK Interest Investment Fund 269730 963 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint IT Operating 269618 954 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Wasterwater Collection 269612 934 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Special Events Admin 1023457 926 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 269613 921 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Fire Station #1 269632 900 MYRLAND JENNA Other Contracted Services Special Initiatives 269441 896 OFFICE TEAM Temp 494 Corridor Commission 1023441 894 MENARDS Equipment Parts Water Treatment 269606 885 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1023403 884 VISTAR CORPORATION Merchandise for Resale Concessions 269409 872 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1023398 853 REINDERS INC Chemicals Miller Park 269373 839 CENTURYLINK Internet Water Treatment 269655 838 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 269635 835 NORTH PINE AGGREGATE, INC Gravel Stormwater Collection 269385 830 DSO ARCHITECTURE INC Contract Svcs - General Bldg Fire Station #2 1023387 829 GRAINGER Supplies - Electrical City Center - CAM 269396 815 GERTENS Landscape Materials/Supp Purgatory Creek Park 269401 800 GUAVA ENTERTAINMENT Other Contracted Services Staring Lake Concert 269462 800 SOMALI MUSEUM OF MINNESOTA Other Contracted Services Staring Lake Concert 1023438 799 GRAINGER Repair & Maint. Supplies Water Treatment 269596 795 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 1023496 758 REINDERS INC Landscape Materials/Supp Park Maintenance 269358 754 BEACON ATHLETICS Operating Supplies Park Maintenance 1023397 750 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Senior Center 269633 742 NAC Contract Svcs - HVAC Fitness/Conference - Cmty Ctr 269825 741 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments269451738PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1023416 736 METROPOLITAN FORD Autos Fleet Operating 1023440 692 JEFFERSON FIRE & SAFETY INC Protective Clothing Fire 1023468 684 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 269473 683 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 269581 682 E A SWEEN COMPANY Merchandise for Resale Concessions 1023389 680 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Wastewater Lift Station 1023367 667 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 1023351 662 AMERIPRIDE LINEN & APPAREL SERVICES Clothing & Uniforms Prairie View Liquor Store 269379 650 CREATIVE ALLEY LLC Other Contracted Services July 4th Celebration 269383 647 DOMACE VINO Liquor Product Received Prairie View Liquor Store 269357 644 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 269679 630 BARNUM GATE SERVICES INC Building Repair & Maint.Utility Operations - General 269452 626 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 269726 625 GYM WORKS Equipment Repair & Maint Fitness Center 1023476 621 ASPEN EQUIPMENT CO.Autos Utility Operations - General 1023494 605 POMP'S TIRE SERVICE INC Tires Fleet Operating 269465 597 STAN MORGAN & ASSOCIATES, INC Capital Under $25,000 Prairie Village Liquor Store 1023408 592 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Park Shelters 269794 588 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Park Maintenance 269795 586 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 7230 581 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 7250 581 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 269478 580 TYLER TECHNOLOGIES INC Software IT Capital 269617 576 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 269562 569 CENTURYLINK Internet IT Operating 1023473 567 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 269800 553 PRESSWRITE PRINTING INC Printing/Copying 494 Corridor Commission 1023396 546 POMP'S TIRE SERVICE INC Tires Fleet Operating 269736 539 J H LARSON COMPANY Equipment Repair & Maint City Center - CAM 269432 538 MN DEPT OF TRANSPORTATION Equipment Repair & Maint Traffic Signals 269386 538 ECHOES OF ELVIS Other Contracted Services Staring Lake Concert 269681 536 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance 1023423 534 THE OASIS GROUP Employee Assistance Organizational Services 269814 516 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 269722 512 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 269630 510 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 269735 508 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 269420 500 LETHO & WRIGHT Other Contracted Services Staring Lake Concert 269421 500 LEVY ADAM Other Contracted Services Staring Lake Concert 269430 500 MINNESOTA TAMIL SANGAM Other Contracted Services Staring Lake Concert 269446 500 PETTY CASH-POLICE DEPT Miscellaneous Special Investigations 269561 500 CENTER FOR ENERGY AND ENVIRONMENT Other Contracted Services City Council 269413 499 JOHNSON CONTROLS Contract Svcs - Electrical General Community Center 269727 495 HALLS OF MAGIC INC Other Contracted Services Staring Lake Concert 1023469 493 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Miller Park 269469 489 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 1023394 481 MTI DISTRIBUTING INC Repair & Maint. Supplies Park Maintenance 269571 480 CONQUER EDEN PRAIRIE Instructor Service Lesson Skills Development 1023501 473 TWIN CITY SEED CO Landscape Materials/Supp Stormwater Collection Check #Amount Supplier / Explanation Account Description Business Unit Comments7221472SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 269466 470 STANTEC CONSULTING SERVICES INC.Reimburse-legal notices Escrow 269488 468 AL & ALMA'S SUPPER CLUB AND CHARTERS Special Event Fees Trips 269428 467 MINNEAPOLIS REGIONAL CHAMBER OF COMMERCE Conference/Prof. Dev.494 Corridor Commission 269631 467 MONTOYA GIOVANNI Miscellaneous Police Sworn 269651 464 STAPLES ADVANTAGE Office Supplies Customer Service 269449 458 PLANT & FLANGED EQUIPMENT Repair & Maint. Supplies Park Maintenance 269356 450 BARTON SAND & GRAVEL CO Asphalt Overlay Street Maintenance 1023405 448 WATSON CO INC, THE Merchandise for Resale Concessions 269414 447 JOHNSTONE SUPPLY Supplies - HVAC City Center - CAM 269563 443 CINTAS CORPORATION Safety Supplies Community Center Admin 269408 440 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 269672 440 AMAZING ATHLETES OF CENTRAL MN Instructor Service Preschool Events 269374 435 CITY OF SAINT PAUL Tuition Reimbursement/School Police Sworn 269410 430 J H LARSON COMPANY Improvements to Land Park Acquisition & Development 269433 428 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1023401 427 TOWMASTER INC Equipment Parts Fleet Operating 1023449 415 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies - HVAC City Center - CAM 269418 410 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance 269806 408 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Disease 269588 400 FINNLY TECHNOLOGY LLC Licenses, Taxes, Fees Ice Operations 269664 400 WONDERWEAVERS Other Contracted Services Staring Lake Concert 269680 400 BARTON SAND & GRAVEL CO Asphalt Overlay Street Maintenance 1023475 396 AMERITRAK Other Contracted Services Snow & Ice Control 1023412 388 CHEMSEARCH Contract Svcs - Ice Rink Ice Arena Maintenance 269705 384 DELTA DENTAL Payroll-ExecutiveDirector 494 Corridor Commission 269685 380 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 269701 380 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission 1023443 376 MINNESOTA EQUIPMENT Equipment Parts Street Maintenance 269429 375 MINNESOTA FIRE SERVICE CERTIFICATION BOA Dues & Sub-Memberships Fire 269706 375 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery 269820 375 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 269724 374 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 269644 371 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 269453 370 RHODY, KIRSTEN P&R Refunds Community Center Admin 1023490 362 MENARDS Repair & Maint. Supplies Fire Station #3 269692 358 CAMPBELL KNUTSON, P.A.Legal WAFTA 1023419 351 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 269575 350 DENGEL, JANA Instructor Service Safety Camp 269754 348 MOBILE RADIO ENGINEERING INC Equipment Repair & Maint Public Safety Communications 1023414 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1023487 341 JEFFERSON FIRE & SAFETY INC Small Tools Fire 1023407 341 XCEL ENERGY Electric Forest Hills Park 269367 340 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe General Community Center 1023442 339 METRO SALES INCORPORATED*Equipment Rentals IT Operating 1023470 328 STUFFT LAUREN Mileage & Parking Tree Disease 269589 325 FIRE SAFETY USA INC Protective Clothing Fire 269378 324 CORE & MAIN Building Materials Preserve Park 269458 322 SHRED RIGHT Waste Disposal City Hall (City Cost) 269482 318 VISIONS INC Printing/Copying 494 Corridor Commission Check #Amount Supplier / Explanation Account Description Business Unit Comments1023458318BERRY COFFEE COMPANY Merchandise for Resale Concessions 1023409 306 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Den Road Liquor Store 269423 300 MARSHALL, ADAM DOUGLAS Other Contracted Services Staring Lake Concert 269544 300 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 269577 300 DILDY, CARLTON R Other Contracted Services Staring Lake Concert 269634 300 NEW HEIGHTS MEDIA Equipment Repair & Maint Water Treatment 269661 300 VENINGA CHRISTIAN Other Contracted Services Theatre Initiative 269474 298 TALKPOINT TECHNOLOGIES INC Equipment Repair & Maint E-911 Program 1023413 294 FASTENAL COMPANY Operating Supplies Fleet Operating 269804 291 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 1023356 289 FASTENAL COMPANY Equipment Parts Fleet Operating 1023507 286 XCEL ENERGY Electric Street Lighting 269637 274 PAPCO INC Cleaning Supplies General Community Center 269554 272 BLUEPEARL VETERINARY Other Contracted Services Police Sworn 1023466 271 QUALITY PROPANE Equipment Parts Ice Arena Maintenance 269749 269 MATTS AUTO SERVICE INC Equipment Repair & Maint Fleet Operating 269498 268 CHRISTIANSON KIM AR Utility Water Enterprise Fund 1023461 265 DUNGAN, TRACY Merchandise for Resale Concessions 269751 264 MIDAS Equipment Repair & Maint Fleet Operating 269601 260 HENNEPIN COUNTY TREASURER PUBLIC WORKS Waste Disposal Park Maintenance 269431 260 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 269591 258 FUN2RAISE MARKETING AND EVENTS Advertising Community Center Admin 1023448 258 REINDERS INC Landscape Materials/Supp Miller Park 269543 256 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 1023450 253 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 269746 252 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 269801 251 PRINCIPAL FINANCIAL GROUP Payroll-ExecutiveDirector 494 Corridor Commission 7228 250 FURTHER - AKA SELECT HRA Health and Benefits 269744 246 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance 269810 243 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 1023355 242 ELLIS, ROBERT Mileage & Parking Engineering 269578 232 DIRECTV Other Contracted Services Community Center Admin 7223 232 US BANK - PAYMODE Bank and Service Charges Finance 269457 231 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store 269402 230 HABEGGER, BEN Other Contracted Services Theatre Initiative 269355 228 ASPEN MILLS Clothing & Uniforms Police Sworn 7246 228 VANCO SERVICES Bank and Service Charges Wastewater Accounting 269403 225 HARLEY CONSULTING & COACHING Other Contracted Services Community Development Admin. 269731 224 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating 1023364 221 PROSOURCE SUPPLY Supplies - General Bldg General Community Center 269695 220 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission 269460 213 SIGNSOURCE Operating Supplies Fitness Center 269351 209 ABLE SEEDHOUSE AND BREWERY Liquor Product Received Prairie View Liquor Store 269646 208 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store 269702 206 CUB FOODS EDEN PRAIRIE Employee Award Police Sworn 269434 200 MOMENTUM LEARNING AND DEVELOPMENT Conference/Training Facilities Staff 269792 200 NAMI MINNESOTA Other Contracted Services Housing and Community Service 1023358 200 GREGOIRE, DAVID Other Contracted Services Recreation Admin 1023452 199 WATSON CO INC, THE Merchandise for Resale Concessions 269486 198 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments269740197JOHNSTONE SUPPLY Supplies - HVAC City Center - CAM 269585 195 ESTRINE, ROBERT Other Contracted Services Community Band 269370 195 CARTER JASON Clothing & Uniforms Facilities Staff 1023399 191 SPRINT Cell/Pager Plans 494 Corridor Commission 269484 190 WICKS, JIM Equipment Repair & Maint Water Distribution 269567 190 COMCAST Internet IT Operating 1023462 190 FASTENAL COMPANY Operating Supplies Fleet Operating 269349 188 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 269416 188 JUNKYARD BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 269741 188 JUNKYARD BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 269715 180 FASTSIGNS Repair & Maint. Supplies Fire 269542 178 YOUNG ROBERT AR Utility Water Enterprise Fund 269440 177 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 1023354 176 EICHMAN NATHAN Canine Supplies Police Sworn 1023488 176 LEROY JOB TRUCKING INC Other Contracted Services Police Sworn 1023411 172 CARLON, JOHN Mileage & Parking Utility Operations - General 269534 171 STANSBURY ARLENE AR Utility Water Enterprise Fund 7236 168 OPTUM HEALTH Other Contracted Services Health and Benefits 269694 168 CENTURYLINK Internet IT Operating 269818 167 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 269652 165 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 269377 165 CONTINENTAL SAFETY EQUIPMENT Supplies - Fire/Life/Safety Ice Arena Maintenance 269656 160 TAPCO Signs Traffic Signs 269502 159 DEUTH JAYNE AR Utility Water Enterprise Fund 269708 159 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 269658 157 UNITED STATES POSTAL SERVICE Postage Senior Center Admin 1023374 155 WILSON, ELISABETH Mileage & Parking Park Maintenance 1023499 150 STERICYCLE INC Other Contracted Services Police Sworn 1023504 150 USA SECURITY Maintenance Contracts Water Treatment 1023467 149 RICHARDSON, JIM Other Contracted Services Police Sworn 269467 146 STAPLES ADVANTAGE Office Supplies Police Sworn 269556 146 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 1023439 146 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 269527 141 RENNEKE GARY AR Utility Water Enterprise Fund 1023420 140 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Utility Operations - General 1023357 139 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1023435 139 FACTORY MOTOR PARTS COMPANY Operating Supplies Fleet Operating 1023370 138 STUFFT LAUREN Conference/Training Tree Disease 269704 136 DALE GREEN COMPANY, THE Landscape Materials/Supp Park Maintenance 269808 135 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 269491 132 BEDORE NANCY AR Utility Water Enterprise Fund 1023385 129 GINA MARIAS INC Operating Supplies Volunteers 269475 128 TEPLITSKY, JULIE P&R Refunds Community Center Admin 269669 126 56 BREWING LLC Liquor Product Received Den Road Liquor Store 269686 126 BOOM ISLAND BREWING COMPANY Liquor Product Received Den Road Liquor Store 269493 125 BORG ERIC AR Utility Water Enterprise Fund 269629 125 MINT CONDITION DETAILING INC Equipment Repair & Maint Fleet Operating 269489 123 ASKEW KEN AR Utility Water Enterprise Fund 1023463 123 GEIS, ROB Clothing & Uniforms Police Sworn 269513 122 JEVNICK JULIA AR Utility Water Enterprise Fund Check #Amount Supplier / Explanation Account Description Business Unit Comments269481122VERIZON WIRELESS Telephone E-911 Program 1023365 120 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 269514 119 JOHNSTON KIAN AR Utility Water Enterprise Fund 269539 116 WARDLOW DAVID AR Utility Water Enterprise Fund 269531 116 SHENG CHEN HAN AR Utility Water Enterprise Fund 269436 115 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance 269519 114 KLUN, EDWARD AR Utility Water Enterprise Fund 269375 112 COMCAST Phone/Data/Web 494 Corridor Commission 269501 111 DERUS JAMIE AR Utility Water Enterprise Fund 269496 108 BUSE CATHY AR Utility Water Enterprise Fund 269504 108 ELLEFSON ERIC AR Utility Water Enterprise Fund 1023418 105 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 269477 105 TMS JOHNSON Supplies - HVAC Den Road Liquor Store 269545 105 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 269638 104 PARK NICOLLET CLINIC Employment Support Test Organizational Services 269696 103 COMCAST Cable TV Fire 269350 102 A TO Z RENTAL CENTER EMS Supplies-Oxygen Supplies Fire 269817 100 TMS JOHNSON Supplies - HVAC Den Bldg. - CAM 269643 98 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn 269495 98 BUMP RONALD AR Utility Water Enterprise Fund 269683 98 BEUTZ, KARI Tuition Reimbursement/School Fitness Classes 269525 97 OLSEN CHAD AR Utility Water Enterprise Fund 269809 97 STAPLES ADVANTAGE Office Supplies Customer Service 269494 96 BROWN MARIE AR Utility Water Enterprise Fund 269821 96 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1023479 96 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn 1023380 95 BOYER TRUCKS Equipment Parts Fleet Operating 1023395 95 OSI BATTERIES INC Operating Supplies Police Sworn 269388 95 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 269535 94 STIGERS RENEE AR Utility Water Enterprise Fund 269533 92 SKAAR DANIEL AR Utility Water Enterprise Fund 1023460 92 CUSTOM HOSE TECH Equipment Parts Fleet Operating 269541 90 WOESSNER MARK AR Utility Water Enterprise Fund 269461 90 SNAP-ON TOOLS Small Tools Fleet Operating 269417 89 KATZ, BARRY Outreach Mileage/Parking 494 Corridor Commission 269506 88 FLOOD STEPHEN AR Utility Water Enterprise Fund 269548 85 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 269479 84 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 269568 81 COMCAST Equipment Repair & Maint E-911 Program 269526 81 PRUSINSKI NORM AR Utility Water Enterprise Fund 269627 80 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 269553 80 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 269499 79 COLEMAN VICTORIA AR Utility Water Enterprise Fund 269540 79 WICKS TOM AR Utility Water Enterprise Fund 1023386 78 GRAFIX SHOPPE Equipment Parts Fleet Operating 269670 78 A TO Z RENTAL CENTER Landscape Materials/Supp Street Maintenance 1023402 78 TWIN CITY SEED CO Landscape Materials/Supp Miller Park 269718 75 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating 269382 75 DIAMOND MOWERS INC Equipment Parts Fleet Operating 269555 75 BOOMGAARDEN SARAH Tuition Reimbursement/School Fitness Classes Check #Amount Supplier / Explanation Account Description Business Unit Comments26948075UTING, BRENDA Operating Supplies Parks Administration 269616 74 LIU, NATHAN Mileage & Parking Recreation Admin 1023427 74 A-SCAPE INC Contract Svcs - Lawn Maint.Fire Station #4 1023417 73 PEARSON SALLY Mileage & Parking Tennis 269538 73 VIERA CHERYL AR Utility Water Enterprise Fund 269505 72 FENG ANDREW AR Utility Water Enterprise Fund 269697 71 COMCAST Equipment Repair & Maint E-911 Program 7240 71 MONEY MOVERS INC Other Contracted Services Community Center Admin 269530 67 SCHNEIDER CHARLES AR Utility Water Enterprise Fund 1023382 66 CONNEY SAFETY PRODUCTS Lab Supplies Water Treatment 269687 66 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 269659 65 UNIVERSAL ATHLETIC SERVICES INC Repair & Maint. Supplies Park Maintenance 1023415 65 LOFRANO, TAMMY Tuition Reimbursement/School Fitness Classes 269497 64 CAMERON DON AR Utility Water Enterprise Fund 269737 63 JERRY'S ENTERPRISES INC Equipment Parts Stormwater Collection 269537 62 TIMBER CREEK HOA AR Utility Water Enterprise Fund 1023362 60 MPX GROUP, THE Printing Police Sworn 1023422 60 STONEBROOKE Equipment Parts Fleet Operating 269636 59 OLSON LYNN Operating Supplies Playgrounds 269512 56 JENSEN THOMAS AR Utility Water Enterprise Fund 269755 55 MR CUTTING EDGE Repair & Maint - Ice Rink Ice Arena Maintenance 269443 54 PAPCO INC Janitor Service City Center - CAM 269363 54 BOUND TREE MEDICAL LLC Autos Capital Maint. & Reinvestment 269570 53 COMCAST Cable TV Fire 269362 50 BOOMGAARDEN SARAH Tuition Reimbursement/School Fitness Classes 269391 50 FELIPE NUBIA P&R Refunds Community Center Admin 269459 50 SIGNSOURCE Printing Arts in the Park 269521 48 M & M MORTGAGE SERVICES INC AR Utility Water Enterprise Fund 269427 48 MIKEL, RACHEL Other Contracted Services July 4th Celebration 269592 47 GALLS LLC Clothing & Uniforms Police Sworn 269725 47 GROSS, CASSIE Mileage & Parking Park Facilities 269569 45 COMCAST Cable TV Fire 269435 43 MOST DEPENDABLE FOUNTAINS Repair & Maint. Supplies Miller Park 1023360 40 METROPOLITAN FORD Equipment Parts Fleet Operating 7222 40 SQUARE Bank and Service Charges Community Center Admin 269456 40 ROLAND MATTHEW Training Fire 269714 39 FARRELL EQUIPMENT & SUPPLY CO INC Equipment Parts Fleet Operating 269812 37 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 269524 36 OKLAND JEFF AR Utility Water Enterprise Fund 7219 36 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 269528 35 ROBINSON JUSTIN AR Utility Water Enterprise Fund 1023352 35 CEDENO, LAURA Tuition Reimbursement/School Fitness Classes 269520 35 LIPPERT TIM AR Utility Water Enterprise Fund 269395 34 GALLS LLC Clothing & Uniforms Police Sworn 1023410 34 BATTERIES PLUS Supplies - Security Water Treatment 269678 33 BALDWIN, CATHERINE Landscape Materials/Supp Street Maintenance 269380 32 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn 269732 32 HIGHWAY 5 BP Motor Fuels Fleet Operating 269620 28 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission 1023431 26 BOYER TRUCKS Equipment Parts Fleet Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments102343625FERRELLGASRepair & Maint. Supplies Utility Operations - General 269611 25 JOHNSTONE SUPPLY Supplies - HVAC Cummins Grill House 269532 24 SICHTING JASON AR Utility Water Enterprise Fund 269508 23 GORONKIN PAMELA AR Utility Water Enterprise Fund 269752 23 MINNESOTA POLLUTION CONTROL AGENCY Licenses, Taxes, Fees Utility Operations - General 269455 23 ROCKEY, JOSH Mileage & Parking Senior Center Admin 1023471 22 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Water Distribution 269522 22 MCCUBREY WILLIAM AR Utility Water Enterprise Fund 269648 21 SCHIMEK JASON AR Utility Water Enterprise Fund 269471 20 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 269507 20 GHODOUSSI REZA AR Utility Water Enterprise Fund 1023421 19 SPOK, INC.Cell/Pager Plans IT Operating 269509 19 GRUNEWALD, DIANE AR Utility Water Enterprise Fund 269424 19 MEYER, MADELINE C Mileage & Parking Pool Operations 269503 19 DITTBERNER RODNEY AR Utility Water Enterprise Fund 269490 18 BARKER KYLE J AR Utility Water Enterprise Fund 269671 18 ACTIVE 911 INC Software IT Operating 269515 16 JORDAN LAURA AR Utility Water Enterprise Fund 1023503 16 UPS Postage Community Center Admin 269667 14 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating 269518 13 KIZEWSKI ERIC AR Utility Water Enterprise Fund 269536 13 SWEEN HARLOW AR Utility Water Enterprise Fund 269517 12 KIMITCH, MARK AR Utility Water Enterprise Fund 269404 11 HENG, LINA Inspection Fee Housing Inspections 269574 11 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn 269523 11 MCMINN BRAD AR Utility Water Enterprise Fund 269511 11 HAYES RUTH AR Utility Water Enterprise Fund 269364 10 BOYINGTON, SHIRLEY P&R Refunds Community Center Admin 269397 10 GOULD, JANICE P&R Refunds Community Center Admin 269619 10 MAZION ROSE P&R Refunds Community Center Admin 269753 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 269624 10 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 269529 8 ROSTAD LEE AR Utility Water Enterprise Fund 269516 8 JUNTTI PHILLIP AR Utility Water Enterprise Fund 269500 8 DEGENSTEIN RUTH AR Utility Water Enterprise Fund 1023433 7 CONNEY SAFETY PRODUCTS Lab Supplies Water Treatment 269492 7 BONEWELL ELLEN AR Utility Water Enterprise Fund 269674 6 APPLIED CONCEPTS, INC.Operating Supplies Police Sworn 269510 5 HAGEL JEFF AR Utility Water Enterprise Fund 269698 2 COMCAST Other Contracted Services Police Sworn 7224 0.22 ULTIMATE SOFTWARE GROUP, THE Payroll Taxes Health and Benefits 6,495,758 Grand Total City of Eden Prairie Purchasing Card Payment Report 9/3/2019 Amount Account Description Business Unit 4,076 Building Surcharge General Fund 3,684 EMS Supplies Fire 2,152 Operating Supplies Wine Club/Events 1,668 Miscellaneous Communications 1,474 Special Event Fees Senior Center Programs 1,330 Operating Supplies Wine Club/Events 951 Tuition Reimbursement/School Police Sworn 759 Mechanical Surcharge General Fund 738 Operating Supplies Eden Prairie Players 720 Lubricants & Additives Fleet Operating 705 Repair & Maint. Supplies Pool Maintenance 695 Tuition Reimbursement/School Police Sworn 679 Safety Supplies Utility Operations - General 670 Operating Supplies Elections 645 Conference/Training Assessing 620 Tuition Reimbursement/School Police Sworn 596 Miscellaneous Playgrounds 569 Advertising Prairie View Liquor Store 569 Advertising Prairie Village Liquor Store 569 Advertising Den Road Liquor Store 564 Capital Under $25,000 Special Events Admin 536 Repair & Maint. Supplies Police (City Cost) 527 Licenses, Taxes, Fees Fitness Classes 512 Other Contracted Services Community Center Admin 508 Building Materials Staring Lake 499 Dues & Subscriptions Internal Events 493 Operating Supplies Concessions 475 Awards Communications 466 Operating Supplies Ice Operations 441 Operating Supplies Community Center Admin 410 Operating Supplies Fire 403 Advertising Community Center Admin 401 Bank and Service Charges Den Road Liquor Store 398 Travel Expense Utility Operations - General 385 Employee Award Organizational Services 360 Operating Supplies Arts Center 348 Contributions Outdoor Center 347 Investigation Travel Fire 333 Special Event Fees New Adaptive 327 Operating Supplies Park Maintenance 310 Equipment Parts Fleet Operating 300 Conference/Training Human Resources 295 Conference/Training Facilities Staff 289 Landscape Materials/Supp Reforestation 284 Other Contracted Services Senior Center Admin 283 Miscellaneous City Council 281 Video & Photo Supplies Park Maintenance 275 Licenses, Taxes, Fees Utility Operations - General 271 Operating Supplies Arts Center 264 Repair & Maint. Supplies Round Lake 253 Equipment Repair & Maint Wasterwater Collection 250 Tuition Reimbursement/School Police Sworn 250 Tuition Reimbursement/School Police Sworn 250 Awards Finance 245 Bank and Service Charges Prairie View Liquor Store 233 Small Tools Fire 230 Tires Fleet Operating Amount Account Description Business Unit 216 Tuition Reimbursement/School Police Sworn 215 Special Event Fees Trips 215 Operating Supplies Park Maintenance 213 Travel Expense Utility Operations - General 210 Conference/Training Pool Operations 210 Conference/Training Finance 208 Repair & Maint. Supplies Stormwater Collection 205 Office Supplies Police Sworn 200 Dues & Subscriptions Community Development Admin. 199 Repair & Maint. Supplies Utility Operations - General 194 Other Contracted Services Den Road Liquor Store 194 Capital Under $25,000 Summer Theatre 191 Bank and Service Charges Prairie Village Liquor Store 189 Computers Water Treatment 185 Operating Supplies Park Maintenance 184 Special Event Fees Teen Programs 184 Repair & Maint. Supplies Park Maintenance 178 Operating Supplies Park Maintenance 176 Other Contracted Services Teen Programs 176 Other Contracted Services New Adaptive 173 Plumbing Surcharge General Fund 172 Operating Supplies Pickleball (CC) 166 Equipment Parts Fleet Operating 166 Operating Supplies Community Center Admin 165 Computers Water Treatment 160 Office Supplies Police Sworn 160 Operating Supplies Arts Center 150 Landscape Materials/Supp Water Distribution 150 Tuition Reimbursement/School Fitness Classes 150 Special Event Fees New Adaptive 150 Office Supplies Police Sworn 149 Operating Supplies Day Camp 148 Dues & Subscriptions Economic Development 148 Dues & Subscriptions Assessing 145 Licenses, Taxes, Fees Utility Operations - General 144 Advertising Arts in the Park 142 Clothing & Uniforms Theatre Initiative 138 Special Event Fees Teen Programs 135 Operating Supplies Ice Operations 131 Operating Supplies Fire 129 Clothing & Uniforms Emergency Management 128 Equipment Repair & Maint Fitness Classes 125 Operating Supplies Senior Center Programs 125 Operating Supplies Police Sworn 121 Special Event Fees Trips 120 Operating Supplies Senior Center Programs 120 Operating Supplies Police Sworn 120 Deposits General Fund 120 Deposits General Fund 120 Deposits General Fund 116 Computers IT Operating 110 Repair & Maint. Supplies Stormwater Collection 106 Operating Supplies Police Sworn 103 Small Tools Fire 100 Conference/Training Economic Development 100 Licenses, Taxes, Fees Fitness Classes 100 Deposits Escrow 99 Repair & Maint. Supplies Water Treatment 95 Chemicals Park Maintenance 95 Operating Supplies Fire 93 Training Supplies Emergency Management Amount Account Description Business Unit 91 Building Materials Outdoor Center 91 Miscellaneous Parks Administration 90 Conference/Training Day Care 89 Small Tools Stormwater Collection 88 Improvements to Land Park Acquisition & Development 88 Process Control Equipment IT Operating 86 Software/Hardware Maint.Fire 86 Merchandise for Resale Concessions 85 Equipment Parts Water Distribution 84 Operating Supplies Fire 80 Fire Prevention Supplies Fire 80 Operating Supplies Playgrounds 79 Operating Supplies Fire 78 Operating Supplies Playgrounds 78 Equipment Repair & Maint Public Safety Communications 77 Small Tools Fleet Operating 75 Tuition Reimbursement/School Park Maintenance 73 Operating Supplies Arts Center 72 Tuition Reimbursement/School Police Sworn 72 Tuition Reimbursement/School Police Sworn 72 Tuition Reimbursement/School Police Sworn 72 Operating Supplies Arts Center 71 Operating Supplies Arts Center 70 Clothing & Uniforms Facilities Staff 70 Operating Supplies Outdoor Center 69 Operating Supplies Police Sworn 68 Deposits Escrow 68 Small Tools Stormwater Collection 66 Operating Supplies Playgrounds 66 Small Tools Street Maintenance 63 Operating Supplies Playgrounds 63 Process Control Equipment IT Operating 63 Operating Supplies Community Center Admin 61 Merchandise for Resale Concessions 60 Conference/Training Community Center Admin 60 Conference/Training Youth Programs Admin 60 Deposits Escrow 60 Operating Supplies Police Sworn 59 Operating Supplies Day Camp 59 Repair & Maint. Supplies Riley Lake 58 Operating Supplies Playgrounds 58 Operating Supplies Fire 57 Operating Supplies Outdoor Center 57 Operating Supplies Playgrounds 56 Operating Supplies Tennis 55 Small Tools Stormwater Collection 55 Operating Supplies Police Sworn 55 Operating Supplies Police Sworn 55 Merchandise for Resale Concessions 54 Process Control Equipment IT Operating 54 Software IT Operating 54 Software IT Operating 54 Repair & Maint. Supplies Water Metering 54 Operating Supplies Fire 52 Repair & Maint. Supplies Water Distribution 51 Repair & Maint. Supplies Crestwood Park 51 Operating Supplies Ice Lessons 51 Investigation Travel Fire 50 Repair & Maint. Supplies Crestwood Park 50 Operating Supplies Playgrounds 49 Operating Supplies Outdoor Center Amount Account Description Business Unit 48 Operating Supplies IT Operating 48 Operating Supplies Park Maintenance 47 Operating Supplies Day Care 46 Office Supplies Police Sworn 46 Operating Supplies Park Maintenance 44 Office Supplies Utility Operations - General 44 Operating Supplies Fire 44 Small Tools Stormwater Collection 43 Equipment Parts Water Metering 43 Operating Supplies Day Camp 42 Merchandise for Resale Concessions 42 Operating Supplies Arts Center 42 Merchandise for Resale Concessions 42 Operating Supplies Day Camp 41 Repair & Maint. Supplies Stormwater Collection 41 Operating Supplies Arts Center 40 Equipment Repair & Maint Public Safety Communications 40 Computers IT Operating 40 Operating Supplies Outdoor Center 40 Operating Supplies Police Sworn 40 Repair & Maint. Supplies Utility Operations - General 40 Merchandise for Resale Concessions 40 Operating Supplies Senior Center Admin 40 Operating Supplies Day Care 39 Merchandise for Resale Concessions 39 Operating Supplies Elections 39 Operating Supplies Arts Center 38 Merchandise for Resale Concessions 38 Operating Supplies Arts Center 37 Operating Supplies IT Operating 37 Miscellaneous IT Operating 36 Operating Supplies Winter Theatre 35 Operating Supplies Park Maintenance 35 Operating Supplies Police Sworn 34 Operating Supplies Tennis 34 Clothing & Uniforms Theatre Initiative 32 Repair & Maint. Supplies Wastewater Lift Station 32 Operating Supplies Senior Center Admin 32 Repair & Maint. Supplies Water Treatment 32 Merchandise for Resale Concessions 30 Small Tools Fire 30 Operating Supplies Community Center Admin 30 Operating Supplies Playgrounds 30 Motor Fuels Fleet Operating 30 Advertising Arts in the Park 30 Operating Supplies Outdoor Center 30 Other Contracted Services Organizational Services 30 Operating Supplies Outdoor Center 29 Software/Hardware Maint.Fire 29 Operating Supplies Police Sworn 28 Merchandise for Resale Concessions 28 Merchandise for Resale Concessions 28 Operating Supplies Senior Center Programs 28 Operating Supplies Community Center Admin 28 Operating Supplies IT Operating 27 Computers IT Operating 27 Clothing & Uniforms Theatre Initiative 26 Operating Supplies Emergency Management 26 Merchandise for Resale Concessions 25 Mileage & Parking Teen Programs 25 Equipment Repair & Maint Utility Operations - General Amount Account Description Business Unit 25 Merchandise for Resale Concessions 25 Operating Supplies Arts Center 24 Operating Supplies Day Camp 24 Clothing & Uniforms Theatre Initiative 24 Operating Supplies Park Maintenance 24 Operating Supplies Playgrounds 24 Operating Supplies Community Center 23 Merchandise for Resale Concessions 23 Operating Supplies Arts Center 23 Operating Supplies Playgrounds 22 Operating Supplies Fire 22 Operating Supplies Arts Center 22 Operating Supplies Playgrounds 21 Operating Supplies Fire 21 Operating Supplies Emergency Management 21 Employee Award Organizational Services 21 Travel Expense City Clerk 20 Operating Supplies Community Center Admin 20 Software/Hardware Maint.IT Operating 20 Operating Supplies Senior Board 19 Operating Supplies Theatre Initiative 19 Employee Award Organizational Services 19 Employee Award Organizational Services 19 Operating Supplies Police Sworn 19 Operating Supplies Senior Center Admin 18 Operating Supplies Community Center Admin 18 Repair & Maint. Supplies Water Treatment 18 Clothing & Uniforms Theatre Initiative 18 Computers IT Operating 17 Equipment Parts Fleet Operating 17 Repair & Maint. Supplies Staring Lake 16 Operating Supplies Pool Operations 16 Operating Supplies Fire 16 Merchandise for Resale Concessions 16 Operating Supplies Community Center Admin 16 Operating Supplies Day Camp 16 Operating Supplies Volleyball 16 Repair & Maint. Supplies Utility Operations - General 16 Operating Supplies Staring Lake 16 Office Supplies Police Sworn 15 Operating Supplies Fit Kids Club 15 Operating Supplies Arts Center 15 Merchandise for Resale Concessions 15 Other Contracted Services Organizational Services 15 Repair & Maint. Supplies City Hall (City Cost) 15 Operating Supplies Arts Center 14 Clothing & Uniforms Theatre Initiative 14 Clothing & Uniforms Theatre Initiative 14 Operating Supplies Volunteers 14 Merchandise for Resale Concessions 14 Operating Supplies Fire 14 Operating Supplies Arts Center 13 Travel Expense Utility Operations - General 13 Operating Supplies Day Camp 13 Operating Supplies Community Center Admin 12 Operating Supplies Fleet Operating 12 Operating Supplies Tennis 12 Merchandise for Resale Concessions 12 Operating Supplies Playgrounds 12 Operating Supplies Pool Lessons 12 Deposits General Fund Amount Account Description Business Unit 11 Operating Supplies Playgrounds 10 Postage Water Treatment 10 Clothing & Uniforms Theatre Initiative 10 Operating Supplies Outdoor Center 9 Operating Supplies Playgrounds 8 Merchandise for Resale Concessions 8 Advertising Community Center Admin 8 Operating Supplies Day Camp 8 Operating Supplies Theatre Initiative 8 Merchandise for Resale Concessions 8 Operating Supplies Outdoor Center 7 Repair & Maint. Supplies Water Treatment 7 Clothing & Uniforms Theatre Initiative 7 Employee Award Organizational Services 7 Operating Supplies Round Lake 5 Merchandise for Resale Concessions 5 Merchandise for Resale Concessions 5 Landscape Materials/Supp Street Maintenance 5 Operating Supplies Arts Center 4 Operating Supplies Police Sworn 4 Operating Supplies Outdoor Center 4 Operating Supplies Purgatory Creek Park 3 Clothing & Uniforms Theatre Initiative 3 Employee Award Organizational Services 3 Operating Supplies Playgrounds 2 Operating Supplies Arts Center 1 Operating Supplies Playgrounds 1 Bank and Service Charges Customer Service -4 Software/Hardware Maint.Fire -20 Repair & Maint. Supplies Crestwood Park -28 Repair & Maint. Supplies Riley Lake -29 Software/Hardware Maint.Fire -29 Software/Hardware Maint.Fire -29 Software/Hardware Maint.Fire -29 Software/Hardware Maint.Fire -29 Software/Hardware Maint.Fire -29 Software/Hardware Maint.Fire -29 Software/Hardware Maint.Fire -89 Operating Supplies July 4th Celebration -100 Deposits Escrow -100 Other Revenue General Fund 53,447 Report Total CITY COUNCIL AGENDA SECTION: Report of the City Manager DATE: September 3, 2019 DEPARTMENT/DIVISION: Office of the City Manager/ Finance, Sue Kotchevar ITEM DESCRIPTION: Resolution certifying the proposed 2020 property tax levy, accepting the proposed 2020 budget, setting the date for public hearing, and consenting and approving the HRA tax levy ITEM NO.: XIV.B. Requested Action Move to adopt the resolution that: •Certifies the proposed 2020 property tax levy to be $39,621,102; and •Sets December 3, 2019, as the meeting which will include discussion of the budget andprovide for public comment; and •Accepts the proposed 2020 budget of $51,610,456; and •Consents and approves the HRA tax levy of $200,000. Synopsis Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed property tax levy and certify that amount to the county auditor on or before September 30, 2019. In addition, the City Council must accept a proposed budget for the coming year. The City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and tax levy will be discussed and public testimony taken. The Council must adopt a final tax levy and budget by December 30. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. Attachments Resolution 2020/2021 Proposed Budget Report CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-__ A RESOLUTION ADOPTING THE CITY’S PROPOSED 2020 PROPERTY TAX LEVIES, ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND TAX-SUPPORTED OBLIGATIONS FOR 2020, AND CONSENTING AND APPROVING THE 2020 HRA LEVY WHEREAS, the City Council of the City of Eden Prairie has reviewed the City Manager’s recommended 2020 budget and tax levies; and WHEREAS, the City Council has decided to accept these recommendations at this time. NOW, THEREFORE, BE IT RESOLVED that the City Council: 1. Establishes the following proposed taxes on real and personal property within the City of Eden Prairie for the 2020 budget. Levy on Tax Capacity $ 38,775,102 Levy on Market Value 846,000 Total LEVY $ 39,621,102 The proposed total Levy may not be exceeded when the City Council sets the final tax levy for 2020. 2. Accepts the 2020 proposed levy of $39,621,102 and proposed budget totaling $51,610,456 at this time. 3. Consents and approves the 2020 HRA tax levy of $200,000. ADOPTED by the City Council on September 3, 2019. ______________________ Ronald A. Case, Mayor ATTEST: ______________________ Kathleen Porta, City Clerk City of Eden Prairie 2020/2021 Proposed Budget City Council Meeting September 3, 2019 1 Table of Contents Table of Contents ............................................................................................................................. 1 Budget Overview ............................................................................................................................. 2 City Survey ...................................................................................................................................... 5 Tax Base ...........................................................................................................................................7 Tax Levy and Budget ....................................................................................................................... 8 Debt Levy ........................................................................................................................................ 9 Capital Levy ...................................................................................................................................10 General Fund Revenue Budget ...................................................................................................... 11 General Fund Expenditure Budget ................................................................................................ 14 Housing and Redevelopment Authority (HRA) ........................................................................... 20 Conclusion ..................................................................................................................................... 21 2 Budget Overview The 2020/2021 proposed budget provides the resources to achieve the City’s goals for Eden Prairie citizens. These goals are part of the Eden Prairie Promise and are embedded in the City’s vision, mission and performance measures. We are continuing to meet the needs of residents while finding ways for improvement and keeping costs affordable. The City Council 2020/2021 budget objectives include the following: Achieve City Goals • Community Well-being & Safety • High Quality Efficient Services • Preserved & Beautiful Environment • Sense of Community • Innovative & Sustainable Practices • Economic Vitality Provide Value to Citizens • Maintain High Quality City Services • Reasonable Tax Impacts Maintain Employee Morale and Engagement • Implement efficiencies and innovations that motivate employees to continually improve the organization and providing salary changes that are consistent with public and private sector trends Maintain Strong Financial Position • Maintain Bond Rating o Approve a Balanced Budget o Maintain Fund Balance Policies o Conservative Estimates of Revenues and Expenditures o Review fees and charges annually, at a minimum adjust for inflation o Capital Planning The City Council is emphasizing the following areas to achieve City Goals for this budget cycle: o Affordable Housing  Implement Housing Task Force o Sustainability  City-wide Energy Action Plan 3  City Solar  LED lights  Organics  Yard Waste Drop-Off Site  Pollinators/”Keep the Prairie in Eden Prairie”  Fleet Electrification  Emerald Ash Borer Program o Transportation  Oversee Light Rail Transit construction in Eden Prairie and over $20,000,000 in road improvement projects  Bridge Inspections and MSA Counts o Sense of Community/Community Identity  PeopleFest  Hometown Celebration: July 3-4  Art Events and Initiatives  Entry Monument signs  Promoting historic properties  Provide ways to engage with City Government: • City Government Academy • “Real Talk with Rick” Podcast • Engagement through technology: Online Engagement Platform, Social Media, City Website, Email/Text Subscriptions, EP See Click Fix o Public Safety  Add two additional police officers due to increased mental health and other calls, increased training requirements, and maintenance of minimum staffing levels. Add Officer to the Joint Terrorism Task Force. o Parks and Recreation  Open new Starring Lake Building These goals and the related costs are interwoven in various sections of the budget. Many times the costs are almost entirely staff time, and do not require significant financial investment. Some of the costs are capital costs and included in the City’s Capital Improvement Plan, which is separate from the general fund budget. The budget process started in March with the review of the Community Survey and will end in December with final approval and adoption of the budget. The process to date and future planned activities include the following: 4 Internal Budget Process • 2018 – Complete City-Wide work plans • March/April - Internal service fund budgets prepared by managers • April 18 - Budget kick-off meeting • May/June – Department meeting held on 2018 financial results • May 24 - Staff budget preparation work due • June - Departmental budget meetings held • City Manager, Directors, and Finance prepare for City Council Workshop Council Process • March 2 – City Council Planning Session • March 5 – City Council Workshop on the Community Survey • May 21 – City Council Workshop o Council accepts 2018 financial results o Council adopts financial policies • July 16 - City Council Workshops • September 3 - Council adopts a preliminary tax levy and budget • November 12 – City Council Workshop on Enterprise Funds • December 3 - Public Meeting and Council adopts final tax levy and budget 5 City Survey The 2018 Quality of Life Survey provided residents the opportunity to rate the quality of life in the City of Eden Prairie, as well as the quality of service delivery and overall workings of local government. The survey also permitted residents to provide feedback to government on what is working well and what is not, and to share their priorities for community planning and resource allocation. The City uses the biannual citizen survey as one input tool for the budget. Key Findings Eden Prairie is a desirable place to live and raise a family. • Eden Prairie residents continue to boast a high quality of life, with 95% awarding excellent or good marks in 2018, which eclipsed averages seen across the nation, Minnesota and Central Region municipalities with populations over 15,000. Residents’ high ratings for safety services contribute to their quality of life, though they have increasing concerns regarding youth crime and drugs. • Residents commended safety services, such as fire, Hennepin County EMS, police and crime prevention, with each assigned excellent or good marks by 9 in 10 or more. Eden Prairie participants’ reviews for police and crime prevention outperformed all other municipality comparisons. Community parks, recreation and natural environment continue to be a highlight. • More than 9 in 10 residents revealed admiration for the overall natural environment and opportunities for education and enrichment, maintaining standards set in previous years and outshining national, Minnesota and North Central communities with populations over 15,000. Residents praise their City services. • In 2018, about 9 in 10 residents assigned high scores to the overall quality of services provided by the City of Eden Prairie, on par with 2016, but higher than 2014 levels. This measure eclipsed national, North Central and Minnesota comparisons. Eden Prairie’s economy shines, but affordability could be an issue in the future. • Ninety-two percent of survey participants provided excellent or good assessments to the overall economic health of Eden Prairie, which surpassed ratings in communities elsewhere in the U.S., Minnesota and communities in the North Central Region with populations over 15,000. 6 The survey provides valuable input and demonstrates evidence of overall satisfaction with City services. The survey provided feedback on some concerns regarding affordable housing. The City Council goals include initiatives on affordable housing. 7 Tax Base The ability to levy and collect taxes is based on property market values, tax capacities, and the City’s tax rate. Below is a history of the City’s market value of all residential and commercial property since 2011. The current estimated market value for taxes payable in 2020 is a market value increase to $11.1 billion, which is a 4.4% increase over 2019. The table below shows the history of market value, adjusted net tax capacity and the City tax rate since 2017. The City’s 2020 tax rate is currently projected to slightly decrease from 2019. 0 2,000,000,000 4,000,000,000 6,000,000,000 8,000,000,000 10,000,000,000 12,000,000,000 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020Market ValueYear 2017 2018 2019 2020 Market Value $9.9 Billion $10.2 Billion $10.6 Billion $11.1 Billion Adjusted Net Tax Capacity $102,110,421 $106,602,759 $112,559,846 $116,680,538 City Tax Rate 32.48%32.34%31.52%31.48% 8 Below summarizes the City’s tax impact for residential, apartment, and commercial properties based on current information from the County. Staff has calculated that a $360,000 change in the tax levy will impact the median value home by 1% or $13.00. Tax Levy and Budget Below summarizes the proposed total tax levy and budget. Tax Levy Percent Property Type 2018/2019 2019/2020 Difference Change Residential ($413,800)1,292$ 1,334$ 42$ 3.3% Apartment ($5M)19,327$ 20,056$ 729$ 3.8% Commercial ($2M)7,879$ 7,950$ 71$ 0.9% 2019 2020 Percent 2021 Percent Fund Adopted Proposed Difference Change Proposed Difference Change General Fund 35,325,724$ 36,668,102$ 1,342,378$ 3.8%38,061,490$ 1,393,387$ 3.8% Capital Improvement Fund 400,000 400,000 - 0.0%400,000 - 0.0% Debt Levy 2,553,000 2,553,000 - 0.0%2,553,000 - 0.0% Sub-total 38,278,724 39,621,102 1,342,378 3.5%41,014,490 1,393,387 3.5% Less Fiscal Disparity Distribution (1,954,297) (2,046,407) (92,110) 4.7%(2,046,407) - 0.0% Total Levy 36,324,427$ 37,574,695$ 1,250,268$ 3.4%38,968,083$ 1,393,387$ 3.7% 9 Budget Debt Levy For 2020 and 2021 debt payments supported by the tax levy are projected to remain 5% to 6% of the general fund budget. The City has a policy of maintaining a percentage of 5% to 15% of the general fund budget as we consider this to be a moderate debt burden. Moody’s Investors Service has assigned a rating of Aaa to the City of Eden Prairie’s (MN) bond for every debt issue since 2003, the highest rating from Moody’s. Standard & Poor’s has also assigned a rating of AAA to the City of Eden Prairie’s bonds outstanding, their higher rating as well. This ensures the City receives the most competitive interest rates. The City’s bond ratings reflect Eden Prairie’s extensive and diversified tax base, low amount of rapidly amortized debt, and capably managed operations. Of the 854 cities in Minnesota, there are only 14 rated Aaa by Moody’s Investors Service and 19 rated AAA by Standard & Poor’s. For 2020 and 2021, the total debt levy is the same as 2019 or $2,553,000. The City currently has four bonds that are supported by the debt levy. These include bonds for the SouthWest Fire Station, for Park Improvements including the community center, park, and trails, and for the Aquatics expansion at the Community Center. 2019 2020 Percent 2021 Percent Fund Adopted Proposed Difference Change Proposed Difference Change General Fund $47,101,720 $48,657,456 $1,555,736 3.3%$50,102,474 $1,445,018 3.0% Debt 2,553,000 2,553,000 - 0.0%2,553,000 - 0.0% Capital Levy 400,000 400,000 - 0.0%400,000 - 0.0% Total City Budget $50,054,720 $51,610,456 $1,555,736 3.1%$53,055,474 $1,445,018 2.8% 10 Below summarizes the detail of the 2020/2021 debt levy. Capital Levy The City prepares a ten-year capital improvement plan and updates the plan every other year. The Capital Improvement and Maintenance fund (CIMF) pays for capital projects that do not have another funding source, for example, playground replacement, repair and expansion of trails, parks – parking lot maintenance, public safety radio replacement, etc. The CIMF is funded through liquor operations profit, rental income, antenna revenue, a tax levy, miscellaneous revenue, and one-time funds the City receives. The capital levy is the same amount as 2019 and is $400,000 annually. 2019 2020 Percent 2021 Percent Debt Levy Adopted Proposed Difference Change Proposed Difference Change Debt Levy on Tax Capacity 2012B SouthWest Fire Station 310,000 310,000 - 0.0%280,000 (30,000) (9.7%) 2014 Tax Abatement 1,397,000 1,397,000 - 0.0%1,397,000 - 0.0% Sub-total 1,707,000 1,707,000 - 0.0%1,677,000 (30,000) (1.8%) Debt Levy on Market Value 2011C Parks Referendum 696,000 165,000 (531,000) (76.3%)- (165,000) (100.0%) 2012A Parks Referendum 150,000 681,000 531,000 354.0%876,000 195,000 28.6% Sub-total 846,000 846,000 - 0.0%876,000 30,000 3.5% Total 2,553,000$ 2,553,000$ -$ 0.0%2,553,000$ -$ 0.0% 11 General Fund Revenue Budget Below summarizes the 2020/2021 proposed General Fund Revenue Budget. Property tax revenue is the single largest source of revenue and the City strives to balance increases in property taxes with the demand for City services. Property taxes account for 74% of the General Fund budget. The tax levy in the proposed budget is increasing 3.8% for 2020 and 2021. Charges for services is the second largest revenue source and accounts for 13% of the General Fund Budget. Charges for services are increasing $92,861 or 1.5% in 2020 and $137,439 or 2.2% in 2021. Licenses and permits revenue is the third largest revenue source to the General Fund and accounts for 8% of the General Fund revenues. Licenses and permits is increasing $53,746 or 1.4% for 2020 and remains flat for 2021. Significant items to note include the following: • Building permit and fees revenue is budgeted to increase $134,680 or 6% in 2020. This budget was held flat for 2021 as we budget a higher increase every other year. The below history shows acutal amounts to 2018 and then budgeted amounts to 2021. 2019 2020 Percent 2021 Percent Revenue Adopted Proposed Difference Change Proposed Difference Change Taxes 34,644,210$ 35,959,740$ 1,315,530$ 3.8%37,325,260$ 1,365,520$ 3.8% Licenses and Permits 3,801,034 3,854,780 53,746 1.4%3,855,780 1,000 0.0% Intergovernmental Revenue 1,311,182 1,299,222 (11,960) (0.9%)1,299,222 - 0.0% Charges for Services 6,238,695 6,331,556 92,861 1.5%6,468,995 137,439 2.2% Other Revenue 1,106,599 1,212,158 105,559 9.5%1,153,217 (58,941) (4.9%) Total 47,101,720$ 48,657,456$ 1,555,736$ 3.3%50,102,474$ 1,445,018$ 3.0% $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Building Permits & Fees Budget vs Actual Actual Budget 12 • Cable TV is decreasing $124,000 or 13.6% in 2020 and remains flat for 2021. As you can see from the graph below, cable revenue dropped for the first time in 2018. Staff budgeted 2019 revenue based on the positive trend that did not occur. $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 CABLE TV REVENUE 13 Intergovernmental revenue (IGR) includes Federal and State grants, State aid, and other local grants. During the legislative session PERA aid ($52,384) was eliminated as the legislature did not reauthorize this revenune source. Below is a history of Intergovernmental Revenue. Other revenues that the General Fund receives consist of fines and penalties, contributions, interest income, reimbursements and transfers–in. These revenues make-up 2.5% of General Fund revenues. $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Intergovernmental revenue Police Pension Aid Fire Relief Assoc. Aid Other Intergovernmental Revenue 14 General Fund Expenditure Budget Expenditures are proposed to increase 3.3% in 2020 and 3.0% in 2021. The following graph shows the budget changes by category: Since the City provides significant services to the community, wages and benefits make up 62% percent of the general fund budget. The most significant categories include wages, pension and taxes, health insurance, part-time wages, and workers compensation insurance. Other significant costs include amounts to maintain facilities, fleet services, information 2019 2020 Percent 2021 Percent Expenses Adopted Proposed Difference Change Proposed Difference Change Administration 4,430,402$ 4,734,458$ 304,056$ 6.9%4,707,669$ (26,789)$ (0.6%) Community Development 2,485,582 2,450,407 (35,175) (1.4%)2,538,978 88,571 3.6% Parks and Recreation 12,365,693 13,020,985 655,292 5.3%13,382,734 361,749 2.8%Police 15,216,401 15,729,265 512,864 3.4%16,385,600 656,335 4.2% Fire 6,383,002 6,348,571 (34,431) (0.5%)6,579,014 230,443 3.6% Public Works 6,070,640 6,353,770 283,130 4.7%6,488,479 134,709 2.1% Transfers 150,000 20,000 (130,000) (86.7%)20,000 - 0.0% Total 47,101,720$ 48,657,456$ 1,555,736$ 3.3%50,102,474$ 1,445,018$ 3.0% Revenues Less Expenses -$ -$ -$ 0.0%-$ -$ 0.0% Wages and Benefits, $969,097 Other Contracted Services, $55,575 Electricity, $13,963 Fleet Services, $53,849 Information Technology, $229,862 Facilities, $177,302 Other, $56,088 15 technology, and electricity. These items make up another 23% of the budget. All other items make up 15% of the budget. The chart below illustrates the make-up of the budget. Wages and Benefits, $30,125,311 Other Contracted Services, $1,100,555 Electricity, $1,091,880 Fleet Services, $2,474,293 Information Technology, $2,413,480 Facilities, $5,352,621 Other, $6,099,316 16 Below provides information on the significant items in the budget. Full-Time Wages With a staff of 228 full-time employees, the City provides its residents and businesses with a full range of municipal services consisting of police and fire protection, street maintenance, recreation programs, park maintenance, community and economic development, and building inspections. Wages are proposed to increase 4.4% in 2020 and 3.1% in 2021. This includes a 3% base increase, step increases and performance pay. Through staff turnover, the City usually sees budget reductions as new staff are many times hired at a lower rate. However, new employees earn step increases and performance pay until they reach the target rate for their position, which then adds additional increases to the budget. The budget includes hiring two new polices officers and the addition of a Deputy City Clerk position. The City prepares the budget for wages by looking at trends within the private sector labor market and our local government peer group. Based on the compensation trends we are seeing, we are proposing a 3% wage increase in 2020 and 2021. This proposal is in line with our peer cities and the private sector. We must continue to provide similar increases as the private sector and our public sector peer cities to remain competitive. Wages – Part time Wages part-time are increasing $279,479 or 11.1% in 2020 and decreasing $65,652 or 2.4% in 2021. The 2020 increase includes $120,000 for elections, $17,000 for a sustainability intern, $30,000 for the new yard waste drop-off site, $28,000 increase for the art center to increase offerings, additional trainings, and new studio tech staff, and $12,000 for a planning intern to implement Aspire Eden Prairie. For 2021, the election budget was decreased as we move into a year without an election. Volunteer Wages/Duty Crew Volunteer wages are increasing $58,000 or 6.5% in 2020 and $28,000 or 3% in 2021. The duty crew model was implemented in July of 2012. The budget is increasing due to increases in duty crew wages and additional duty crew coverage. 17 Fire Relief Pension Plan Firefighters of the City of Eden Prairie are members of the Eden Prairie Firefighter Relief Association. The Association is the administrator of the single-employer defined benefit pension plan available to firefighters. The plan is administered pursuant to Minnesota Statutes Chapter 69, Chapter 424A, and the Association’s by-laws. As of December 31, 2017, membership includes 100 active participants, 97 retirees and beneficiaries currently receiving benefits, and 20 terminated employees entitled to benefit but not yet receiving them. Minnesota Statues specifies minimum support rates required on an annual basis by the City. The Association completes an actuarial study every two years which documents the required contribution from the City. For 2020, the required amount is $677,535 annually, which is $290,991 less than 2019. An updated actuarial will be completed for the 2021 budget. The City receives Fire Relief Pension Aid from the State of approximately $450,000, which offsets the City’s required contribution. PERA The City pays public employees retirement (PERA) benefits for all eligible employees. Generally, all full time employees and part-time employees, who earn more than $425 a month, are PERA eligible. The City currently contributes 7.50% of salary for PERA except for the police and fire employees where the percent is 17.7% for 2020 and 2021. The City also pays 7.65% of salary for FICA except for police and fire where the percentage is 1.45%. The City has budgeted $3,569,818 and $3,720,979 for PERA/FICA in 2020 and 2021. Health Insurance The City periodically conducts a Request for Proposal (RFP) process to procure health insurance. State law requires that the City issue a RFP every five years. In 2017, the City Council approved a five-year health insurance contract with HealthPartners for 2018 to 2022. The rate cap for 2020 and 2021 is 8% but our rates are increasing 7.0% each year due to keeping the HSA/HRA payments to employees the same. Workers Compensation The workers compensation user charge is changing from $570,496 in 2019 to $538,215 in 2020 which is a 5.7% decrease. Our current experience modification rating (EMR) is .63. Since 2011, the number has ranged from 1.06 to .62. When the EMR is lower, our workers compenstaon costs are less due to positive claims experience. The average EMR, or the point at which the City is said to be no more or no less risky than another, is 1.0. If our EMR dips below 1.0, we are considered safer than most, which translates to lower premiums. Also, 18 workers compensation rates for each employee category can change (increase and decrease) every year. For 2021 the charge is budgeted to increase to $554,285 which is a 3% increase. 0.85 0.89 0.98 1.06 0.96 0.81 0.62 0.62 0.63 Experince Modifcation Workers Compensation - Experience Modification 19 Facilities User Charges The Facilities Division is responsible for building related operations, preventative maintenance, remodeling, and long-term maintenance programs of the facilities owned by the City. The buildings include the City Center, Community Center, Outdoor Center, Art Center, Maintenance Facility, four Fire Stations, park shelters, and historical buildings. Facilities charges back to the internal users for these services. Facility user charges are increasing from $5,175,319 in 2019 to $5,352,621 in 2020, which is an increase of $177,302, or a 3.4% increase. For 2021, charges are increasing to $5,520,672 or 3.1%. IT User Charges The Information Technology Division is responsible for providing strategic technology direction and managing and implementing IT governance processes in support of City leadership. IT develops and implements IT operational policies and standards, manages contracts for IT services with various service providers, and coordinates major citywide activities including: • General PC/Phone Systems Support; • Network Wellness (Network Hardware/Servers/Enterprise Applications); • Application Analysis, Implementation and Support and; • Technology Analysis, Recommendation and Implementation. IT charges back to the internal users for these services. For the General Fund, IT user charges are increasing from $2,183,618 in 2019 to $2,413,480 in 2020 a 10.5% increase. For 2021, $2,514,443 is budgeted which is a 4.2% increase. Some changes for 2020 software maintenance going forward include: • Upgrade to Office 365 single enterprise license includes Office, Exchange, Windows 10, SQL, and Data Center licenses from 2019 to 2021, $55,000 • Move Website hosting maintenance from Communications to IT $13,000 • Move several applications from Fire to IT, $18,000 • Ultipro adjustment, $30,000 The Information Technolgy Divison helps to manage approximately 90 different software applications. 20 Fleet Services User Charges Fleet services provides and maintains a safe, high quality, reliable and efficient fleet of vehicles and equipment. They manage approximately 300 vehicles and large pieces of equipment. The fleet includes police and fire vehicles, snowplows, dump trucks, pickup trucks and autos. Fleet Services is also continuing sustainability efforts this budget cycle to implement additional plug-in electric vehicles and improve building electrical infrastructure to support more electric vehicle charging stations. Fleet Services charges back to the internal users for these services. Fleet services user charges for the general fund are increasing 2.2% in 2020 to $2,474,293 and increasing 2.7% in 2021 to $2,541,310. The Fleet Services budget is able to hold fairly constant through this budget cycle primarily due to the relative stability of fuel prices, regular maintenance of the fleet, and the City’s continued efforts to conserve fuel and improve vehicle and equipment fuel economy. Housing and Redevelopment Authority (HRA) In 1980, the City of Eden Prairie established a Housing and Redevelopment Authority for the City. The HRA may spend resources for the following: • to provide a sufficient supply of adequate, safe, and sanitary dwellings in order to protect the health, safety, morals, and welfare of the citizens of this state; • to clear and redevelop blighted areas; • to perform those duties according to comprehensive plans; • to remedy the shortage of housing for low and moderate income residents, and to redevelop blighted areas, in situations in which private enterprise would not act without government participation or subsidies. Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of taxable market value. The levy limit for the City of Eden Prairie HRA is approximately $1.9M. In 2006, the Council approved the HRA levy for the first time. The HRA levies and pays for wages and benefits related to the support of housing in the City. It includes staff time from Housing and Community Services, Community Development, Planning, and Administratin of Rental Housing Licensing. Wages and benefits total $187,050 for 2020 and $196,470 for 2021. Other City resources for housing on an annual basis include: 21 • Tax Increment Financing, $1,400,000 • Community Development Block Grant, $300,000 to $500,000 • General Fund – Housing Inspections, 125,000 • HRA, $200,000 Amounts provided are 2020 estimates. Conclusion This document is intended to provide information on the proposed 2020/2021 City of Eden Prairie budget. If you have any questions about the budget contact a member of the finance team or the individual operating areas.