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City Council - 08/20/2013
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,AUGUST 20, 2013 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II I. GREEN MID-MARKET NEIGHBORHOOD Open Podium - Council Chamber II. OPEN PODIUM A. Tessie Bradbury—Dog Park III. ADJOURNMENT 8/20/2013 City of Eden Prairie r i, Community Development Department ,_.,,_ • -� ;4 EDEN ',- �-' II PRAIRIE City Council Workshop 4 Development Proposals ' � f m '4 August 20,2013 , ,i�r`��i '• •`K •/-\ k `°!\ i��E/ 14i ... . may" • , ' <-( Green, Mid-Market - , Neighborhood Development `, : :y , Mission:Creating a Green, Mid-Market Neighborhood by employing best practices in community development in order to achieve a model for sustainable and livable communities. Green Mid-Market Neighborhood Background: Originated from the Strategic Plan for Housing & Economic Development •: At the June 18,2013 Workshop, the City Council was presented with three concept proposals.The City Council directed staff to solicit feedback from the public on the senior housing component of the Gladstone proposal. w �i ` _ , \ .ti -- • r-•' : .ti ,�� rr 1.I r_, 1 C t. ',. -•}•+S o= - f \.. =r9 ° 1 8/20/2013 Comments: A II Public Comment Results on the Senior Housing Component: Counter, Email, Phone, and City Connect Comments Total Comment Received on Senior Housing Ne!ative Positive 44 16 3 City Connect Survey on Senior Housing Somewhat Somewhat Strongly Total Strongly Support Support Oppose Oppose 29 2 3 3 21 Support 5 Oppose 24 Non-Senior Public Comments: Wordle Format >111 • peaceful green pricesDevelopment Develo ent kids E rental; a) location OISe —famp ly 5. as 8/20/2013 Development Proposals Development Teams: ✓ Scenic Prairie: Lakewest Development ✓ Eden Gardens: Homestead Partners ✓ Gladstone:Melrose Development - MMkariginal Submittal Project Scenic Prairie Minimum Eligibility Requirements Developer Lakewest Development Single Family Units 37 �, Attached Housing Component/ Number of Units and Na + -+ Story Commercial No a Component � f. Price Range $260,000-$340,000 Unit Size 1,800-2,800 square /r 1 feet tii r Ability to Obtain yes Grants ' :.. Timeline:Start-End Oct,2013-Oct, *MN ems. �� �. 2016 k : .� Sustainable Neighborhood ✓_ o � L+! Development Yes arc t �y9 Checklist �I it L. _ Community 5�• �" Participation with Process Yes CollaborationI - - Hennepin Tech Yes ��� Students 3 8/20/2013 Concept Plans ----�.. ` — / 1 � - Ili , A r( enlc Heights Road jl■ T r„ / '1 T h t 5 I l- Alta t ii,/ e-c Ili !I, r J !F. di C �� I;_ 1 Ne ilk "; J \ 1 vt cky -J, i,, ' J 1 cenfc Concept Plans [Landscape Plan (with Energy-Efficient&Environmental Features) Street ll.hts Powered by Vertical-Axis Wind Turbines with Solar Paneh t'".. Sc I i s� �-�•,, Scenic _tl.+'.,, I -... 1 it a Community Pleveround&Gazebo o- imiiiiirie :r %4 i _ I / .,ilr I, k A�_yI '' Y a dldtlre areas&Shrubs lAcross NelrhbarhooQ1 7 rayonmrnwn, Oy. \ .1 _ Y�.. Pr I H commmmity Pool w/rlubhnnse JJo-Mow Grass By Pond 9 "t ' owe 111 -' -, ' '-Ya. _.� -w•-.- 11 12 // �EDEN - -. •- w PRAIRIE 4 8/20/2013 Scenic Prairie Concept Plans Stormwater Mgmt. &BMP Plan(with Multi-functional BMPs) Ea Garden:(aka Blo-Re[ent on Basins' Scenic Height:,Road M 1 k rt.1 t # „,` ,5,-�' .- .. Permeable Pavers for Parking •—> Ni, ywt' 1•y . . ' P �.. 1 j .; t 1 ,. i� �• '4 ` Gtb-tudare Filtration.Stnrane&Passive Irriggliog S �-Ji i t . t t.r .tea • II .a�r.i, f, ,:. # .w.to-e.r..be..M Low Belem tq �V \'en.on 50 . ,� - &intoned Natural Turf for Inrrcated Infiltration 9 t - la Imarnvad rnlahllitv . �� r - O ;. nwrn In o.EDEN ti=Drainage Flay Y r a..a,M'.._ts.ro 0-c..n II 12 - n PRNRIE Scenic Prairie "Green" Neighborhood Development Criteria Scenic Prairie Smart Location and Linkage Points Neighborhood points Green Infrastructure Points Innovation and Points Pattern and Design and Buildings Regional Priority Construction Innovation and Location 4 Walkable Streets 13 Techniques 3 Exemplary Performance 5 Cycling Facilities 1 Compact 0 Energy Efficiency and 2 Development Conservation Regional Priority 4 lob and Housing Proximity 1 Neighborhood 2 Energy Production and 1 Connections Distribution Parking and 3 1 Transportation Water Efficiency and Demand Conservation Community 1 Stormwater and 1 Participation Wastewater Management Green Building Process 2 Heat Islands 0 Recycling and Reuse 4 Light Pollution 2 Total 6 Total 19 Total 16 Total 9 Total Sustainable Neighborhood Development Points 50 Total Maybe Points 15 5 8/20/2013 Scenic Prairi- Concept Images ,4 N .v ,✓ CI rC I-I Ia .-1 A I ( i Lif = - _ 1".{< :'n •i ■•1• +p Scenic P Concept In rages V r %::�- ,pl v .' _ - r E .' ,, _ i �: _ .Ira. �ry U 6 8/20/2013 Financial Considerations/Options Developer/ Single Multi- 1Financial Options (Green Project Name,Family Family Measures Units Units Total Sustainable Option 1: Neighborhood Start Date:2013 Development Homes:37 SF units$240,000-$360,000, ''points:50 Land Purchase Price:$950,000 Earnest Money:$10,000 City Subsidy:$1,728,927.11 Ilootlon 2: Lakewest Start Date:2013 Development/ 37 0 'Homes:25 SF units$300,000-$360,000+ Scenic Prairie 12 units in the$500,000's Land Purchase Price:$950,000 'City Subsidy:N/A(but no architect/builder). Other: Realignment of Scenic Heights Road Lakewest will pay$183,750. Development Team Developer: Lakewest Development Co., LLC •:• Builder: No Commitment Architect: No Commitment :• Green/Sustainable Neighborhood Infrastructure:Solution Blue, Inc. Energy Efficiency: Residential Science Resources LLC Site Design: Rick Harrison Site Design Studio Landscape Architecture: Damon Farber Associates 7 8/20/2013 anal Submittal project Eden Gardens Minimum Eligibility Requirements Developer Homestead Partners Single Family Units 36 Attached Housing Comp / Numberonent of Units and No y to ommercial ry No - Component Price Range $240,000-$350,000 , - ,1 -r Unit Size 1,600 -2,300 square R � 4 .. ''4 t Via. Ability to Obtain ✓i " ' '" Grants r 4 - Timeline:Start-End Sep,2013-Summer, ' 2014 ,r Sustainable Neighborhood Yes 4^ 1111\C Development CommunityChecidlst . -. EDEN GARDENS I Participation Process Yes Collaboration with Hennepin Tech Yes Students Concept Images Concept Site Design rip 1 u l l �4 '1. yy� ti 8 8/20/2013 Eden Gardens Concept Images Concept Building Design 11 I ;, 3 o o = I fli • 1 ( I' 4..1 f t ,.. 1 I nI ( j c�dG,) .lam — L _��411 \ . —H ; ,e,-r.--' /. :; J !I 1 GREEN FEATURES: Updated Concept Plan -Compact Development -Walkable Streets fi -�. Neighborhood Connections 'NR5I MGAN nrT1 ` -•srl -Mass Transit Stop - -- - -Mother-in-law Guest Apartment forresident's use - - Community Garden plot&Gardening Sh d '� f�� -+ / -Courtyard Greens In lieu of some streets ,4 y rL�T Streetscape&Front Porch lot used L "; as a !, tCerotc Hfl6Hrs Rg • t .ems �41� {, -De-emphasized garages-Alley load 1s r 1.'4 .. >~ y par IAD. Extensive landscaping to reduce heat island - •r, � (� x M,J.7.,1 s1v, effect(emphasis on native plants) „ 1 I /"/y /`' �r \ .1��'. Stormwater Management via Reingarden yps iglu ) - ,4 s I t.77.1� 'I.t, basins di bioswales ! Green Home Construction Techniques >� / - s a e to t,It s�1) � 1 wtsnvluwatvt '. GwnuorR1"�11 m/ e , jj��Pjw I ` y, MLNNGIMM GtaSf MMIASAI 1 `_ 35 f 4,-4,4\.a . ( a , } t 4 s t is1t r' . y�3 uari . 4,,,... il Ncei +fir 1 0, g ) -` } �o r ,I. ,A. i t Mg:IMP r, t1e}y..� . 1s 17 ,16 l •.'v . rSi MI !! ai• IS.i N23 22' ` '; - , t 9 8/20/2013 Eden Garden New Architectural Elevations / . Pt.- ;, % •_ . Jill' i:i -I rtt I EEI,.CI ri2.- ', 10 gll li l I ' la 1111 -_ -' _,,►. it.�_a� _ la --_ L. �� I._. -. titaild I1F •+y �' I New Architectural Plans r ..-1' h -_ n . L • '•rNsFic. .__ L I L1 111Milreta, 'We py 10 8/20/2013 Eden Garde Green Certification L'rogram :• MN Green Path Program: BATC has joined Homestead Partners to deliver the first development-wide MN Green Path Advanced Certified effort in the MSP metro. • •e Green Path is a market driven certification program that Green recognizes energy efficient and green construction. Homes in Eden Gardens receiving Advanced Certification in MN Green Path must achieve a HERS(Home Energy Rating System)Index of less than 60 in each structure.This will place each home at least 40% more efficient than the national code reference home and 70%more efficient than the average existing home.The HERS Index Score is calculated by a certified RESNET home energy rater,who carries out an energy rating on each home and compares the data against a reference home.Homes in Eden Garden will be measured on the effectiveness of wall and foundation insulation,home orientation,lighting, HVAC and water system,among other factors. Eden Gardens "Green" Neighborhood Devalownent Criterft. Eden Gardens Smart Location and Linkage Points Neighborhood points Green Infrastructure Points Innovation and points Pattern and Design and Buildings Regional Priority Construction Innovation and Location 3 Walkable Streets 13 Techniques 1 Exemplary Performance 4 Cycling Facilities 2 Compact 0 Energy Efficiency and 1 Development Conservation Regional Priority 2 Job and Housing Proximity 1 Neighborhood 2 Energy Production and D Connections Distribution Parking and 2 Water Efficiency and 2 Transportation Conservation Demand 1 Stormwater and 2 Community Wastewater Participation Management Green Building Process 2 Heat Islands 1 Recycling and Reuse 3 Light Pollution 1 Total 6 Total 18 Total 13 Total 6 Total Sustainable Neighborhood Development Points 43 Total Maybe Points 17 11 8/20/2013 n Gardens Financial Considerations/Options Developer/ Single Multi- Financial Options Green Project Name Family Family Measures Units Units Option 1: Total Sustainable Start Date:2014 Neighborhood 429 Special Assessment Project Development Homes:36 units$240,000-$350,000 Points:43 Land Purchase Price:$1,008,000(by lot at time of building permit) Earnest Money:$200,000 ubsidy Reduced Permit Fees/Park Ded. O tion 2: tart Date:2013 Private Capital(no 429) Homestead Homes:36 units$240,000-$350,000 Partners/Eden 36 0 Land Purchase Price:upfront cash$850,000 Gardens ubsidy: Land Write Down/Reduced Fees O tion 3: Start Date:2014 29 Special Assessment Project with max Homes: 12 units greater than$360,000. 4 units $240,000-$360,000. Land Purchase Price:$1,044,000.00 cash !Earnest Money:$150,000($100+$50K) ',Subsidy: None unless street costs more than mnx or units reduced Istormwater onsitel , Development Team •. Developer: Homestead Partners Builder:JMS Costume Homes Architecture Group: Collaborative effort between Whitten Associates (added to team) and Alexander Design Group Green/Sustainable Neighborhood Infrastructure:Westwood Professional Services .. Green Path Building Certification: Builder's Association of Twin Cities (added to team) ..'Landscape Architect/Civil Engineer:Westwood Professional Services (LEED) 12 8/20/2013 Project Gladstone - Minimum Eligibility Requirements Developer Kraus-Anderson&Melrose Development Single Family Units 20 Attached Housing Senior Housing/2 Buildings,70- ��y IComponent/ 80 Units Total/2 Story Rental { Number of Units and (Half of the units are affordable �' !/t �°� Story at 50%of the AMI) `�y_a��` .� �b Commercial y 'r'�� Component No q s' �`��'tat�+�� F`'�• Price Range Single family:$350,003+ ; a+r /�1 �0 1 Unit Size 30x30 single family foot p nt s e • m ` o Ability to Obtain j. IN. e! s=,, o' O Grants 2 7 I) l �'e GA II. Timeline:Start-End Jul,2014-May,2016 �.io�:T�'w�"'Vy Sustainable rig I a Neighborhood ar 1=t:f(�-�:(~M$1 a Development Yes u moo"' nw• 6 Checklist ~ii' cep •. Community Participation Process Yes Collaboration with Hennepin Tech Yes Students e Concept Plans Concept Single Family Design \,, �,. . _ Jai ; I.. 1��,i�11\\'� //Ek\ aaa � • 11,4 r' !tl'i 1. I'^r •`� f`zf�t*7, `I ....'11C41- :- t Eyy 1 13 8/20/2013 Gladstone Concept Plans Concept Senior Housing Design ` ; ,, .-f „k NF 71'y• t .•4.Ti Gladstone Updated Concept Plan -° • .fie p.Fri E. al rof __- illp_v_ves \. * \ .*ii*5. ,.„-.•. _• =DLIE. •;I_:;,,la....,l...,.A. ):, ._...---- r _ =ate -- 7 °- ... ` • 14 8/20/2013 Financial Considerations/Options Developer/ Single Multi- Financial Options Green Project Name Family Family Measures Total Total Number 1Number of Units of Units Option 1 (developer preferencel: Total Sustainable Start Date:2014 (unrealistic with Neighborhood financing assumptions Development 20-22 70-80 SF Homes:$350,000 and up Points:2 Senior Apartments:50%affordable and 50%market rate, Kraus Anderson Land Purchase Price:$985,000 &Melrose Option 2: Development/ All SF but no details/concept plans Gladstone provided;would redesign lots and 40 0 attach garages Both:Green Improvements contingent on LCDA grant(2014 application/2015 award),Senior Housing affordability contingent on itax credit;other terms negotiated Gladstone Development Team Developer:Melrose Development Company • Builder/Civil Engineer: Kraus-Anderson • Architect: Pope Architects • Green/Sustainable Neighborhood Infrastructure/Landscape Architect: No Specialists identified although a previous Bob Cunningham project with different development team received LEED-ND certification 15 8/20/2013 "Green" Neighborhood Development Criteria Gladstone Smart Location and Linkage Points Neighborhood Points Green Infrastructure Points Innovation and Points Pattern and Design and Buildings Regional Priority Construction Innovation and Location 3 Walkable Streets 16 Techniques 1 Exemplary Performance 0 ' Compact Energy Efficiency and Cycling Facilities 2 Development 2 Conservation 1 Regional Priority 0 Neighborhood Energy Production and lob and Housing Proximity 0 Connections 2 Distribution 0 Parking and 2 Water Efficiency and 0 Transportation Demand Conservation Community 1 Stormwater and 1 Participation Wastewater Management Green Building Process 0 Heat Islands 0 Recycling and Reuse 1 Light Pollution 0 Total 5 Total 23 Total 4 Total 0 Total Sustainable Neighborhood Development Points 32 Total Maybe Points 30 mmary Scenic Prairie: :• Highest green rating, primarily due to extra innovation points •:• Concerns with Lakewest developer (EP and another City) •:• Team lacks an architect and builder(not sure what we'd be getting for building design aesthetics-delays very possible) •:• Financing options may not be feasible/realistic Eden Gardens: •:• Second highest green rating (not quite as innovative) •:• Complete team (no concerns) :• Most detailed proposal/financing •:• Most realistic financing including a potential no subsidy option Gladstone: • Lowest detail and green rating-depends upon potential grants • Team less experienced with Single-Family development •: Pricing starts at high end of Mid-Market (No Pooled TIF option) • No scenario without need for grants/other gap financing 16 8/20/2013 Questions/Comments/Direction? *.s„,ftesiaicv ji j 1 •'`" ''', .V.', :�� S '-� 'irpri,-0'. '1—4 ,-1., yLL/ :... - ,a 17 1 AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,AUGUST 20, 2013 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Michael Franzen, 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. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JULY 16, 2013 B. CITY COUNCIL MEETING HELD TUESDAY, JULY 16, 2013 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. POPEYE'S LOUISIANA KITCHEN by AFC Enterprises, Inc. Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment in the Commercial Regional Service Zoning District on .84 acres, Resolution for Site Plan Review on .84 acres. Location: 7995 Glen Lane. (Ordinance for PUD District Review and Zoning District Amendment; Resolution Site Plan Review) C. HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL by Greenberg Farrow. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment in the Office Zoning District on 1.6 acres, Resolution for Site Plan Review on 1.6 acres. Location: 6423 City West Parkway. (Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) D. REEDER RIDGE by Pulte Homes of MN LLC. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District CITY COUNCIL AGENDA August 20, 2013 Page 2 Change from Rural to R1-13.5 on 78.56 acres Location: 9990 Eden Prairie Road. (Ordinance for PUD District Review with waivers and Zoning District Change) E. ADOPT RESOLUTION APPROVING FINAL PLAT OF HELMIN ADDITION F. ADOPT RESOLUTION APPROVING FINAL PLAT OF MARTIN DRIVE RETAIL G. AWARD CONTRACT TO O'MALLEY CONSTRUCTION,INC. FOR THE MITCHELL ROAD/BAKER ROAD SIDEWALK PROJECT H. ADOPT RESOLUTION RECEIVING 100% PETITION FOR VACATION OF CAVALLO RIDGE AND ORDER PUBLIC HEARING I. SET PUBLIC HEARING FOR FAIRWAY WOODS CONDOMINIUMS HOUSING IMPROVEMENT AREA J. AWARD CONTRACT FOR 2013 ART CENTER REMODEL TO DIVERSIFIED CONSTRUCTION K. APPROVE AMENDED AND RESTATED SUBORDINATION AGREEMENT FOR THE EDENVALE APARTMENTS L. AWARD CONTRACT FOR FOOD AND CATERING SERVICES IN THE GARDEN ROOM TO EPICUREAN ARTISTS TODD AND TOM, LLC (DBA THE BRIDGEWOOD CAFÉ & CATERING) M. APPROVE DISPOSAL OF SURPLUS PROPERTY N. APPROVE ELECTION EQUIPMENT LEASE AGREEMENT WITH HENNEPIN COUNTY O. APPROVE ELECTION EQUIPMENT LEASE AGREEMENT WITH EDEN PRAIRIE SCHOOL DISTRICT 272 P. AWARD CONTRACT FOR POINT OF SALE SYSTEM FOR LIQUOR OPERATIONS TO DAILEY DATA & ASSOCIATES Q. APPROVE AGREEMENT WITH LOGIS FOR NETWORK HARDWARE UPGRADES R. APPROVE PARTNERSHIP WITH EDEN PRAIRIE SCHOOL DISTRICT FOR FIBER EXPANSION S. ADOPT RESOLUTION APPROVING CDBG SUBRECIPIENT AGREEMENTS T. AUTHORIZE PURCHASE OF REPLACEMENT LIFE FITNESS TREADMILLS CITY COUNCIL AGENDA August 20, 2013 Page 3 U. APPROVE AGREEMENT WITH CITY OF EDINA FOR PURCHASE OF HD PLAYBACK EQUIPMENT FOR EPTV 16 IX. PUBLIC HEARINGS/MEETINGS A. AMENDED FEASIBILITY REPORT FOR EDEN PRAIRIE ROAD (SOUTH OF RILEY CREEK) STREET AND UTILITY IMPROVEMENTS (RESOLUTION) B. BRYANT LAKE PROPERTY by Homestead Partners, LLC. Request for Comprehensive Guide Plan Change from Park/Open Space to Low Density Residential on 0.9 acres. Location: Address Unassigned PID 11-116-22-14-0005. (Resolution for Guide Plan Change) C. CUMMINS GRILL HOUSE CERTIFICATE OF APPROPRIATENESS by City of Eden Prairie. Certificate of Appropriateness for demolition of the asphalt sided shed at the Cummins Grill House. Location: 13600 Pioneer Trail X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 6.21 RELATING TO SNOW AND ICE REMOVAL B. RESOLUTION IN SUPPORT OF SOUTHWEST TRANSIT SERVICE XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Trash Bins B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Aquatics Design Process Update E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF CITY COUNCIL AGENDA August 20, 2013 Page 4 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: August 16, 2013 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, August 20, 2013 TUESDAY, AUGUST 20, 2013 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name, phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, JULY 16,2013 B. CITY COUNCIL MEETING HELD TUESDAY,JULY 16, 2013 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-U on the Consent Calendar. A. CLERK'S LICENSE LIST B. POPEYE'S LOUISIANA KITCHEN by AFC Enterprises, Inc. Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment in the Commercial Regional Service Zoning District on .84 acres, Resolution for Site Plan Review on .84 acres. Location: 7995 Glen Lane. (Ordinance for PUD District Review and Zoning District Amendment; Resolution Site Plan Review) ANNOTATED AGENDA August 20,2013 Page 2 C. HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL by Greenberg Farrow. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment in the Office Zoning District on 1.6 acres, Resolution for Site Plan Review on 1.6 acres. Location: 6423 City West Parkway. (Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) D. REEDER RIDGE by Pulte Homes of MN LLC. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-13.5 on 78.56 acres Location: 9990 Eden Prairie Road. (Ordinance for PUD District Review with waivers and Zoning District Change) E. ADOPT RESOLUTION APPROVING FINAL PLAT OF HELMIN ADDITION F. ADOPT RESOLUTION APPROVING FINAL PLAT OF MARTIN DRIVE RETAIL G. AWARD CONTRACT TO O'MALLEY CONSTRUCTION, INC. FOR THE MITCHELL ROAD/BAKER ROAD SIDEWALK PROJECT H. ADOPT RESOLUTION RECEIVING 100% PETITION FOR VACATION OF CAVALLO RIDGE AND ORDER PUBLIC HEARING I. SET PUBLIC HEARING FOR FAIRWAY WOODS CONDOMINIUMS HOUSING IMPROVEMENT AREA J. AWARD CONTRACT FOR 2013 ART CENTER REMODEL TO DIVERSIFIED CONSTRUCTION K. APPROVE AMENDED AND RESTATED SUBORDINATION AGREEMENT FOR THE EDENVALE APARTMENTS L. AWARD CONTRACT FOR FOOD AND CATERING SERVICES IN THE GARDEN ROOM TO EPICUREAN ARTISTS TODD AND TOM, LLC (DBA THE BRIDGEWOOD CAFÉ & CATERING) M. APPROVE DISPOSAL OF SURPLUS PROPERTY N. APPROVE ELECTION EQUIPMENT LEASE AGREEMENT WITH HENNEPIN COUNTY O. APPROVE ELECTION EQUIPMENT LEASE AGREEMENT WITH EDEN PRAIRIE SCHOOL DISTRICT 272 P. AWARD CONTRACT FOR POINT OF SALE SYSTEM FOR LIQUOR OPERATIONS TO DAILEY DATA & ASSOCIATES ANNOTATED AGENDA August 20,2013 Page 3 Q. APPROVE AGREEMENT WITH LOGIS FOR NETWORK HARDWARE UPGRADES R. APPROVE PARTNERSHIP WITH EDEN PRAIRIE SCHOOL DISTRICT FOR FIBER EXPANSION S. ADOPT RESOLUTION APPROVING CDBG SUBRECIPIENT AGREEMENTS T. AUTHORIZE PURCHASE OF REPLACEMENT LIFE FITNESS TREADMILLS U. APPROVE AGREEMENT WITH CITY OF EDINA FOR PURCHASE OF HD PLAYBACK EQUIPMENT FOR EPTV 16 IX. PUBLIC HEARINGS/MEETINGS A. AMENDED FEASIBILITY REPORT FOR EDEN PRAIRIE ROAD (SOUTH OF RILEY CREEK) STREET AND UTILITY IMPROVEMENTS (RESOLUTION) Official notice of this public hearing was published in the August 8 and 15, 2013, Eden Prairie News and sent to 57 property owners. Synopsis: This resolution requires 4/5ths approval. On November 20, 2012, the City Council held a public hearing and adopted a resolution ordering the improvements and the preparation of plans and specifications for the Eden Prairie Road (south of Riley Creek) Street and Utility improvements. However, at the public hearing there were some concerns regarding the overall funding of the project which included neighborhood assessments and the Metropolitan Airport Commission's (MAC's) share of the improvements. Consequently, we have amended the feasibility report to address these concerns and updated appropriate information. The significant changes to the report include the following: • The number of potential (developable)units has changed on three parcels within the Runway Protection Zone of Flying Cloud Airport based on information provided by MAC. • The total number of benefitting units has increased from 330 to 355 in the improvement area. • Anticipated easement costs of$200,000 were included in the estimated total project costs due to updated acquisition information. • Assessments for all properties with frontage on Eden Prairie Road were totaled and averaged to provide a consistent assessment per unit for all frontage properties. The modifications to the feasibility report were presented to the neighborhood, together with preliminary construction plans, at a neighborhood meeting on May 22, 2013. ANNOTATED AGENDA August 20,2013 Page 4 Based on the Eden Prairie Road(south of Riley Creek) Amended Feasibility Report, it is determined that the proposed improvements are feasible, cost effective and necessary and the resulting benefit will equal or exceed the proposed assessments to the abutting and benefitting properties. It is therefore recommended that the City Council direct staff to proceed with the project on a schedule similar to the one suggested in the report. Since the City Council authorized the preparation of the feasibility study without a valid petition, approvals associated with this project will require a 4/5 majority vote. MOTION: Move to: • Close the public hearing; and • Adopt the resolution approving Amended Feasibility Report for Eden Prairie Road (South of Riley Creek) Street and Utility Improvements. B. BRYANT LAKE PROPERTY by Homestead Partners, LLC. Request for Comprehensive Guide Plan Change from Park/Open Space to Low Density Residential on 0.9 acres. Location: Address Unassigned PID 11-116-22-14-0005. (Resolution for Guide Plan Change) Official notice of this public hearing was published in the August 8, 2013,Eden Prairie News and sent to 10 property owners. Synopsis: This is a request to reguide 0.89 acres (the buildable area of the parcel) of a 9.3 acre property from Park/Open Space to Low Density Residential. The remaining 8.41 acres would continue to be guided Park/Open Space. The lot was created in 1980 and is a legal lot of record. Historically,the Comprehensive Guide Plan has identified this area as Park/Open Space to protect the shoreland area of Bryant Lake without accounting for the buildable portion of the lot. The 120-Day Review Period Expires on November 5, 2013. The Planning Commission voted 6-0 to recommend approval of the project at the July 22, 2013 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Park/Open Space to Low Density Residential on 0.89 acres C. CUMMINS GRILL HOUSE CERTIFICATE OF APPROPRIATENESS by City of Eden Prairie. Certificate of Appropriateness for demolition of the asphalt sided shed at the Cummins Grill House. Location: 13600 Pioneer Trail Official notice of this public hearing was published in the August 8, 2013,Eden Prairie News and sent to 5 property owners. ANNOTATED AGENDA August 20,2013 Page 5 Synopsis: The Cummins-Grill house located at 13600 Pioneer Trail was designated a Heritage Preservation Site on September 16, 1997. The property was also designated a National Register of Historic Places property on October 13, 1982. A Certificate of Appropriateness (COA) is required to make any change in, on, or to a designated Heritage Preservation Site, including demolition. Any proposed change, addition or alteration to a building, structure or site must meet the Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. The Heritage Preservation Commission and staff reviewed plans for the demolition of the workshop building (Asphalt sided shed), to ensure compliance with these standards. The City Council approves the Certificate of Appropriateness. This Certificate of Appropriateness will approve the following items: Asphalt Sided Shed: The City is requesting approval of a Certificate of Appropriateness for demolition due to the shed's advanced state of dilapidation. Given the current condition of the building, and the concern for the safety of Historical Society members, and the public who may be renting the site for an event, it is recommended that the building be removed. Prior to demolition the building will be documented with photos and GPS coordinates. MOTION: Move to: • Close the Public Hearing; and • Adopt the Findings of Fact and Approve Certificate of Appropriateness #2013-01-004 for the Demolition of an Asphalt sided shed X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 6.21 RELATING TO SNOW AND ICE REMOVAL Synopsis: City Code Section 6.21 assigns responsibility for snow and ice removal on city sidewalks and trails. The current code inadequately identifies which trails and sidewalks are required to be cleared. The ordinance amendment allows a more comprehensive demonstration of this responsibility through the use of an official map to be kept on file and open for public inspection at the city and on the city's website. Each year new trails and sidewalks are installed in Eden Prairie through new development, redevelopment and city initiated projects. Because new trails and sidewalks are continually being installed, the ordinance relating to snow and ice removal would need to be amended annually. Also, the current ordinance identifies these sidewalks and trails through a written list which is inadequate and ANNOTATED AGENDA August 20,2013 Page 6 an extremely confusing method for describing our very complex and comprehensive system. The amended ordinance resolves these issues by allowing staff to keep an official map showing the exact location of all trails and sidewalks and identifying responsibility. This allows for a more exact accounting of the entire trail and sidewalk system and does so in a way that is much easier to comprehend. MOTION: Move to: Approve First Reading of an Ordinance amending City Code Chapter 6, Section 6.21 relating to snow and ice removal and adopting by reference City Code Chapter 1 and Section 6.99 which among other things contain penalty provisions. B. RESOLUTION IN SUPPORT OF SOUTHWEST TRANSIT SERVICE Synopsis: The Metropolitan Council is currently in the preliminary design phase for the construction of Southwest Light Rail Transit (SWLRT). A component of this project anticipates a shared use station at the existing SouthWest Station which is owned and operated by SouthWest Transit. As conditions for shared use of this facility with SWLRT, SouthWest Transit will seek assurances from Metropolitan Council that all current and future SouthWest Transit bus services and service areas not be impaired by the infringement of bus services provided by Metropolitan Council. SouthWest Transit wants to remain the primary brand of SouthWest Station, and they want Metropolitan Council to ensure all parking necessary for SWLRT at the station be accounted for separate of SouthWest Transit riders. MOTION: Move to: Adopt Resolution in support of SouthWest Transit Services. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Trash Bins B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Aquatics Design Process Update ANNOTATED AGENDA August 20,2013 Page 7 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. ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JULY 16, 2013 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II I. 2014-2015 BUDGET Budget Overview Getschow presented the proposed 2014/2015 budget prepared by staff for the City Council's consideration. The proposed budget includes a 3.9% increase for 2014 and 0.7% increase for 2015. The proposed levy increase for 2014 is 1.8%. The proposed levy and budget are as follows: Tax Levy 2013 2014 2015 Adopted Proposed Difference Percent Proposed Difference Percent Fund 12/4/2012 7/16/2013 from 2012 Change 7/16/2013 from 2012 Change General Fund $29,428,326 $ 30,307,276 $ 878,950 3.0% $ 31,216,494 $ 909,218 3.0% Capital Improvement Fund 89,894 92,591 2,697 3.0% 95,369 2,778 3.0% Debt Service 1,796,100 1,735,100 (61,000) (3.4%) 1,025,100 (710,000) (40.9%) Market Value Debt 1,235,000 1,045,000 (190,000) (15.4%) 900,000 (145,000) (13.9%) Sub-total 32,549,320 33,179,967 630,647 1.9% 33,236,963 56,996 0.2% Less Fiscal Dispartiy Distribution (1,676,800) (1,766,830) (90,030) 5.4% (1,766,830) - 0.0% Total Levy $30,872,520 $ 31,413,137 $ 540,617 1.8% $ 31,470,133 $ 56,996 0.2% Budget 2013 2014 2015 Adopted Proposed Difference Percent Proposed Difference Percent 12/4/2012 7/16/2013 from 2013 Change 7/16/2013 from 2014 Change General Fund $ 39,289,585 $ 41,179,975 $ 1,890,390 4.8% $ 42,353,890 $ 1,173,915 2.9% Debt Budget 3,031,100 2,780,100 (251,000) (8.3%) 1,925,100 (855,000) (30.8%) Capital Improvement Plan Levy 89,894 92,591 2,697 3.0% 95,369 2,778 3.0% Total City Budget $ 42,410,579 $ 44,052,666 $ 1,642,087 3.9% $ 44,374,359 $ 321,693 0.7% City Council Workshop Minutes July 16,2013 Page 2 Getschow said goals for the 2014-2015 budget include: • Enhancing service levels in public safety and the maintenance of infrastructure • Preserving other city service levels using the same resources • Sustaining current levels of employee morale and engagement • Inspiring creativity, innovation and strategic thinking • Continuing to improve Eden Prairie's relative position in fiscal comparisons with comparable cities • Preserving Eden Prairie's exceptional image internally and externally Getschow said several measures passed by the state legislature, such as the sales tax exemption, will impact the City budget. He said the new levy limits will not impact Eden Prairie at this time. Police and Fire aid from the state were increased. Staff estimates that the City of Eden Prairie will receive about$90,000 more annually. Getschow also described cost-saving City initiatives, including savings from from the 20-40- 15 conservation program, a fire inspection program that partners Eden Prairie with Richfield and Edina,joint purchasing agreements and service delivery arrangements, and receipt of several grants. Getschow provided examples of initiatives and innovations that make City services more efficient and accessible, including online permitting, mobile technology,use of snow plowing/road and weather information systems, and City Connect and See Click Fix -- web-based programs that promote citizen engagement. Getschow reviewed areas that impact the proposed revenue budget, including development revenue increases, Community Center revenue increases, anticipated revenue from the proposed point-of-sale housing inspection program, fire pension aid increases from the state, and investment revenue decreases. Getschow said expenditures are currently proposed to increase 4.8% in 2014 and 2.9% in 2015. He noted that the City of Eden Prairie service-based organization and 61% of the proposed budget is wages and benefits. The budget proposal includes a 2% average wage increase for employees, including step increases (3.1%total) for 2014. The 2015 budget calls for 2.25% average wage increase, including step increases (2.6%). The hourly wage for the fire duty crew is proposed to increase from $8.50 to $10 in 2014. Getschow said this higher hourly rate is more in line with nearby communities. Getschow said two areas with potential impacts still have unknowns: health insurance premium costs and federal health care reform. Next steps in the budget process are online budget engagement using City Connect starting in July; adoption of the preliminary levy by the council in September; further council/staff budget discussions in October and November; and finally the budget public meeting and adoption of the final budget and tax levy in December. Budget Proposal Feedback Council Member Nelson said a 1.8% increase is higher than she wants. She said that number doubles last year's increase and she believes it may be higher than the rate of inflation. She said something under 1.5%would be better. Council Member Case said he is okay with 1.8%. He asked if inflation were higher than 1.8%, would a higher levy be okay. Mayor City Council Workshop Minutes July 16,2013 Page 3 Tyra-Lukens said staff is always looking to keep the budget and levy as low as possible. She said she does not see anything in this budget she would want to cut. Council Member Aho said he would like to see a smaller increase, and suggested staff provide more detail on what is driving the increase. Nelson said she feels she needs more information, and she also wants to keep service levels where they are. Council Member Butcher Wickstrom said it is important to remember residents have indicated they do not want a reduction in services, and she noted that other cities are proposing higher increases. Proposed Point-of-Sale Inspection Program Building Official Kevin Schmieg provided details of the proposed point-of-sale (POS) inspection program. He said the City's policy has been to proactively develop property maintenance codes to decrease the risk of blight and maintain property values. The next step in Eden Prairie's proposed progression of codes is point-of-sale inspections. Schmieg said POS inspections help to prevent deterioration of housing stock and protect general health, safety and welfare. While many people have the impression that Eden Prairie is a new community, in fact, the average age of a single family home is 28 years. Schmieg said there are several options for administering a POS inspection program. They can be performed by in-house (City) inspectors,be done completely by independent contractors, or through a combined approach. Schmieg recommends using a combination approach similar to that used by Bloomington. Residents can choose either a licensed evaluator or a City Inspector. This maintains a relatively stable and flexible revenue stream. Schmieg said the fee supported program would be expected to have a neutral budget impact with the exception of start-up costs. Proposed fees would be $185 for city-conducted inspections and a $30 filing fee for independent evaluators. Schmieg said using the number of listings in 2012 (1241)the City could anticipate revenue of about$99,000 in 2014. Schmieg said staff has contacted realtors and gathered information on what they would like a POS program to look like. In addition, an appeals process would be incorporated in the program. Aho asked if staff anticipates any problems with banks that are trying to sell foreclosed homes that are distressed. Chief Esbensen said he believes the banks will comply with the regulations in order to get a return on their money. Mayor Tyra-Lukens asked how the City can ensure the required inspections are actually taking place. Esbensen said the ordinance would include penalties for violation, most likely a misdemeanor charge. City Attorney Rosow said a certificate of inspection would be required to file a deed. Aho suggested reaching out to boards of realty for input before passing an ordinance. Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JULY 16, 2013 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, 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 Rick Rosow, and Council Recorder Jan Curielli ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Following the open podium invitation, Mayor Tyra-Lukens acknowledged the recent passing of Nina Mackay, a very active member of the community. She extended sympathy to Nina's husband and family members on behalf of the Council Members. IV. PROCLAMATIONS/PRESENTATIONS A. MINNESOTA RECREATION AND PARKS ASSOCIATION AWARD OF EXCELLENCE FOR EDIBLE PLAYGROUND Lotthammer said last year we implemented the first edible playground in our City. The project is located at Prairie View School Park and was funded by a donation from an anonymous donor and a New Initiatives grant from the Minnesota Recreation and Parks Association(MRPA). This year we continued the program at Prairie View School and expanded it to include the Outdoor Center. He said City staff members Nicole Weedman and Beth Witt gave talks about the project at the MRPA state conference. The project is now being considered as a best practice for similar projects. Because of our great partnership effort with the Eden Prairie School District, Eden Prairie was selected to receive the MRPA Award of Excellence. Aimee Peterson, representing the MRPA,presented the award and gave an overview of the MRPA. MOTION: Aho moved, seconded by Nelson, to accept the Minnesota Recreation and Parks Association Award of Excellence for the Prairie View Edible Playground CITY COUNCIL MINUTES July 16,2013 Page 2 project and recognize the generous contributions from the Minnesota Recreation and Parks Foundation New Initiatives Grant and the very generous donation from an anonymous donor. Motion carried 5-0. B. DONATIONS TO THE 4TH OF JULY HOMETOWN CELEBRATION (Resolution No. 2013-58) Lotthammer said we want to recognize those who gave money and in-kind donations for the 4th of July event. He also recognized the efforts of service groups that played a big part in increasing the quality of this year's event. Tyra-Lukens noted it was a wonderful event and thanked staff and volunteers for the success of the event. MOTION: Butcher Wickstrom moved, seconded by Case, to adopt Resolution No. 2013-58 accepting in-kind donations ($1,612) and monetary contributions ($2,975) for the 4 th of July Hometown Celebration. Motion carried 5-0. C. DONATIONS FOR SAFETY CAMP (Resolution No. 2013-59) Lotthammer said we receive in-kind and monetary donations for the annual Safety Camp for 3rd graders. The camp is coordinated through the Police Department, Fire Department and the Parks and Recreation Department. He expressed appreciation for the efforts of the service groups that had a big part in making a high quality event this year. City staff member Nicole Weedman gave a video presentation of this year's two-day camp event. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2013-59 accepting financial contributions ($5,750) and in-kind donations for the annual Safety Camp. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.1.Nelson added Item XIV.A.2. Tyra-Lukens added Item XIV.A.3. Ellis added Item XIV.E.1. MOTION: Butcher Wickstrom moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 18, 2013 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the Council workshop held Tuesday, June 18, 2013, as published. Motion carried 3- 0-2,with Case and Nelson abstaining. B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 18, 2013 CITY COUNCIL MINUTES July 16,2013 Page 3 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, June 18, 2013, as published. Motion carried 3-0-2,with Case and Nelson abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. AWARD CONTRACT FOR UTILITY RATE STUDY FOR WATER, SEWER,AND STORM DRAINAGE UTILITIES to ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES INC. (AE2S) C. AWARD CONTRACT FOR 2013 BUILDING ENVELOPE RESTORATION TO RESTORATION SYSTEMS, INC. D. APPROVE DISPOSAL OF SURPLUS PROPERTY E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR DESIGN SERVICES FOR STREET AND UTILITY IMPROVEMENTS TO EDEN PRAIRIE ROAD F. APPROVE PURCHASE OF A ROAD AND WEATHER INFORMATION SYSTEM FROM VAISALA INC. G. APPROVE PURCHASE OF 2013 NEW WAY 8 REFUSE PACKER FROM KOENIG& SON EQUIPMENT, INC. MOTION: Nelson moved, seconded by Case, to approve Items A-G of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. LSS DATA SYSTEMS by LSS Data Systems. Request for Planned Unit Development Concept Review on 1.6 acres, Planned Unit Development District Review with waivers on 1.6 acres, Zoning District Amendment in the Office Zoning District on 1.6 acres and Site Plan Review on 1.6 acres. Location: 6423 City West Parkway. (Ordinance for PUD District Review and Zoning District Amendment; Resolution No. 2013-60 for PUD Concept Review) Getschow said the City is the proponent for this project which is a relocation of parking stalls on the LSS Data Systems site that was required as part of the road improvement project at Shady Oak Road and City West Parkway. The project requires PUD waivers for side yard parking setback on the west side and front yard parking setback on the north. He noted there is an item later in the agenda for second reading of the ordinance that will require unanimous approval of the Council in order to pass. CITY COUNCIL MINUTES July 16,2013 Page 4 There were no comments from the audience. MOTION: Nelson moved, seconded by Case, to close the public hearing; to adopt Resolution No. 2013-60 for Planned Unit Development Concept Review on 1.6 acres; and to approve 1st reading of the ordinance for Planned Unit Development district review with waivers, and zoning district amendment in the Office Zoning District on 1.6 acres. Motion carried 5-0. B. POPEYE'S LOUISIANA KITCHEN by AFC Enterprises, Inc. Request for Planned Unit Development District Review on .84 acres, Zoning District Amendment in the Commercial Regional Service Zoning District on .84 acres and Site Plan Review on .84 acres. Location: 7995 Glen Lane. (Ordinance for PUD District Review and Zoning District Amendment; Resolution No. 2013-61 for PUD Concept Review) Getschow said this project is in the location of the former Kentucky Fried Chicken and is an exterior remodel of the existing building. The Planning Commission voted 6-0 to recommend approval of the project at the June 24, 2013 meeting. Dan Hendrickson, project architect, said they plan to do an exterior face lift and interior remodeling. He showed photos of the proposed facility. Case noted this project is not expanding the footprint and asked what criteria a project must meet in order to go through a municipal review. Jeremiah replied major changes to the exterior of a building that includes a change to the roofline require a site plan and architectural review and would go through the Planning Commission. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing; to adopt Resolution No. 2013-61 for Planned Unit Development Concept Amendment on 0.84 acres; to approve 1st reading of the ordinance for Planned Unit Development district review and Zoning District amendment within the Commercial Regional Services Zoning District on 0.84 acres; and to direct staff to prepare a development agreement incorporating staff and Commission recommendations and Council conditions. Motion carried 5-0. C. REEDER RIDGE by Pulte Homes of MN LLC. Request for Planned Unit Development Concept Review on 78.56 acres, Planned Unit Development District Review with waivers on 78.56 acres, Zoning District Change from Rural to R1- 13.5 on 78.56 acres and Preliminary Plat of 78.56 acres into 104 lots, 4 out lots and road right of way. Location: 9990 Eden Prairie Road. (Ordinance for PUD District Review with waivers and Zoning District Change; Resolution No. 2013-62 for PUD Concept Review; Resolution 2013-63 for Preliminary Plat) Getschow said this project is the subdivision of 78.56 acres into 103 single family lots and 4 outlots. The proposed lots meet the lot size and setback requirements. CITY COUNCIL MINUTES July 16,2013 Page 5 Waivers are requested for street frontage and cul-de-sac length. The waivers are justified by the dedication of the conservation easement areas over the wetlands and burial mounds and the dedication of Outlot C to protect trees and vegetation along the bluff. The preliminary plat shows four outlots. Outlot A will be privately owned by the homeowners association. Outlot B is being reserved for possible future right of way for the realignment of Eden Prairie Road. Outlot C is proposed to be dedicated to the City to protect the bluff. Outlot D is a conservation easement for the protection of a wetland buffer and is proposed to be dedicated to the City. The Planning Commission voted 5-2 to recommend approval of the project at the June 24, 2013 meeting with several conditions. He noted the memo to the Council dated July 16 from Ms Jeremiah that addressed concerns expressed by the residents. He said new plans for the project were submitted on July 15. Ian Peterson, Vice President of Pulte Homes, reviewed the proposal. He noted one lot will be a community pool and pool house, and the Homeowners'Association will be professionally managed. He said they are in agreement with the staff recommendations. Greg Peterson, 10011 Dell Road, said his property is adjacent to the project. He was shocked when he first heard about the project. He thanked staff and the developer for their response to his concerns at his meetings with them. He noted Ian Peterson came out to their home and addressed all their concerns. As a result of the changes made by proponent, he approved of the project. MOTION: Aho moved, seconded by Case, to close the public hearing; to adopt Resolution No. 2013-62 for Planned Unit Development Concept Review on 78.56 acres; to approve 1st reading of the ordinance for Planned Unit Development district review with waivers, and Zoning District change from Rural to RI-13.5 Zoning District on 78.56 acres; to adopt Resolution 2013-63 for Preliminary Plat on 78.56 acres into 104 lots, 4 outlots and road right-of-way; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Nelson noted there are rain gardens in three of the cul-de-sacs that she believed are required for environmental purposes. She was concerned that there is enough room for fire trucks to turn around in the cul-de-sacs because of the extra room needed for the rain gardens. Jeremiah replied the project has been through the review process,but she could have staff check to be sure school buses and fire trucks are able to get through. Nelson said she would like that checked before final reading. Case said he took a tour of the project, and it is a stunningly beautiful spot with amazing views. There are also some of the most incredible intact heritage mounds in the City on this property. He was thrilled about the preservation of the mounds and the trees, and preservation of the bluff is something the City Council has prioritized for many years. He noted it will be important for the City to continue to preserve the borders. Butcher Wickstrom was pleased with the way the process came through and that the developer was willing to collaborate and make changes to make the neighbors CITY COUNCIL MINUTES July 16,2013 Page 6 happy. She noted the property is a magical place. She loved the fact we are keeping the traditions and preserving something very special. VOTE ON THE MOTION: Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Case, Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. LSS DATA SYSTEMS by LSS Data Systems. Second Reading of Ordinance 11- 2013-PUD-4-2013 for Planned Unit Development District Review with waivers on 1.6 acres and Zoning District Amendment in the Office Zoning District on 1.6 acres, Resolution 2013-64 for Site Plan Review on 1.6 acres. Location: 6423 City West Parkway. (Ordinance No. 11-2013-PUD-4-2013 for PUD District Review with waivers and Zoning District Amendment; Resolution No. 2013-64 for Site Plan Review) Getschow said this is final approval of the plans for the relocation of parking stalls on the LSS Data Systems site. Approval will require a unanimous vote of the Council Members. MOTION: Case moved, seconded by Nelson, to approve 2nd reading of Ordinance No. 11-2013-PUD-4-2013 for Planned Unit Development district review with waivers and Zoning District amendment in the Office Zoning District on 1.6 acres, and to adopt Resolution No. 2013-64 approving site plan review on 1.6 acres. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Progress Report--Council Member Case Case said his understanding is that staff has completed about 80% of the project to secure our borders and find areas where people have encroached on City property. In that process several difficult exceptions have come to light that were made through the years. He would like to get a report from staff about how the project is going and including a couple of examples that were somewhat weird describing how we dealt with those. CITY COUNCIL MINUTES July 16,2013 Page 7 Aho said he would support Council Member Case's request because he has been concerned about a few issues with some areas of properties. He was concerned about where we draw the line and how we separate a property where it is okay to make an exception. Nelson said she would also like to see what we are doing with some of the outlots the City owns on non-park property. Lotthammer said staff could do that report. He noted we have completed checking 1475 of the properties, and have about 600 left to go. He said having Council support on this is very important because staff is finding areas where one in three people have been trespassing. We have added more properties and are also finding that about 25% of the people who are asked to stop violating have not stopped. He thought we may have to go back through the City on an ongoing basis. That task will be easier now that we have GPS data for the locations of these properties. 2. Public Studies on Redevelopment for the LRT and Proposed Electrical Lines on Hwy 5--Council Member Nelson Nelson said there will be public study of potential redevelopment in the Major Center Area as a result of the LRT project. There will be four sessions that will be held every other Wednesday from 6:30 to 8:30 PM. She asked people who are interested in this issue to attend the sessions. Nelson asked if there is any way we can help discourage putting power lines on both sides of Hwy 5. Ellis said we have just sent another letter protesting the fact they want to go overhead with the distribution lines. The Department of Commerce is reviewing the proposal, and he thought they also support that the lines should be underground. We won't know the outcome until mid- September,but there is a good chance they will be placed underground. We have worked with the neighborhood and helped them craft a good message to the Public Utilities Commission and the Administrative Law judge asking to put the lines underground. Nelson said this affects the whole City as Hwy 5 is one of the major roads through the City. Getschow noted the transmission distribution discussion started about three years ago. We had concerns at one point with routes going through residential areas and the placement of large poles on lot lines in those areas. The new Hwy 5 alternative came up in the last six months. He noted we have had conversations with Chanhassen and he believed we are on the same page in terms of placing the lines underground. 3. Report on Trash Cans Being_Left Out and LRT Proximity to Southwest Station Condos--Mayor Tyra-Lukens Tyra-Lukens noted the Star/Tribune recently did an article about trash cans being left out too long. She asked for a report from staff if that is an issue in CITY COUNCIL MINUTES July 16,2013 Page 8 Eden Prairie. Getschow said his understanding is that we have code regarding the screening, and we have sent letters out about this. He said staff will follow up on the issue. Tyra-Lukens said an open house held two weeks ago for the LRT was not very well attended. Information about the open house was hard to find, and the transitway web site didn't have any information on the meeting. There were a couple of comments made about the close proximity of the LRT line to the Southwest Crossing apartments. She wanted people to understand it was not the Council's idea to have the LRT in Eden Prairie; rather, it is a proposal from the Hennepin County Board of Commissioners who believe it is something that would be good for the whole transportation system in the metropolitan area. The City got involved so we could protect our interests as a community, but we are not making the decision on whether it will happen. She said things are coming together, and there will soon be somewhat final numbers for the cost of the different alternatives and their impact on other communities. She noted Council Member Nelson has agreed to attend the next meeting in her absence. Ellis said staff has been working with the Metropolitan Council about the alignment of the 4.5 miles of track and stations in Eden Prairie. There are a lot of agencies involved in the planning process. The Draft Environmental Impact Statement identified 25 key technical issues. He reviewed the technical issues that pertain to Eden Prairie. He said they expect to send out municipal consent plans sometime in the third quarter and hope to get approved plans back in the fourth quarter. Construction is expected to begin in 2015 and continue through 2017. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Amendment to Extend Lease with Puregrace LLC for the Smith- Douglas-More Property(8107 Eden Prairie Road—Dunn Bros. Coffee) Jeremiah said Puregrace LLC has requested an extension of their lease at the Smith-Douglas-More property. Although their lease doesn't expire until 2017, Puregrace plans to make capital improvements and wants to be sure there will be adequate time for payback of the improvements. She said the gross rent is $34,000. We get 6% of sales over$450,000 per year. They have seen substantial growth in sales after the parking lot improvements were completed, and we received$6,000 above the base rent in 2012. The amendment would extend the lease term through 2021. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve an amendment to extend the lease between the City of Eden Prairie and Puregrace LLC at the Smith-Douglas-More Property located at 8107 Eden Prairie Road(Dunn Bros. coffee store). CITY COUNCIL MINUTES July 16,2013 Page 9 Case noted this is such a gathering place for the community and has turned out to be a win/win situation. VOTE ON THE MOTION: Motion carried 5-0. 2. Resolution No. 2013-65 Approving Nine Mile Creek Watershed District —Development Agreement Extension Jeremiah said the Nine Mile Creek Watershed District is requesting a 24- month extension to their developer's agreement. The property is located at 12800 Gerard Drive, 12776, 12782 and 12784 Gordon Drive. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2013-65 granting a 24-month extension to Developer's Agreement between Nine Mile Creek Watershed District and the City of Eden Prairie. Motion carried 4-1-0,with Aho opposed. 3. Telecommunication Ground Equipment Screening Jeremiah said a resident expressed concerned about the visual appearance of cell tower equipment near the intersection of Cherokee Trail and Old Shady Oak Road. Staff looked at our screening requirements,what other cities have done, and where we may want to go with the issue. There are only four of these cell towers in the public right-of-way. The City ordinance requires screening on private property but not when equipment is in the right-of- way. She asked if the Council would like staff to propose an ordinance amendment for Planning Commission and Council review. She noted we would not be able to screen everything that exists out there today; however, if anyone comes in for other locations or for additional equipment, we would be able to require screening on that. Case said he thought at the last meeting Mr. Rosow said our ordinance did apply and that we did not differentiate between public and private. Rosow replied he read the ordinance very quickly that night and did not catch the difference between the two. He said locations in the public right of way do not require a permit. Case asked if the permitting process is the distinction. Rosow said we do not have a tool to enforce it. Case commented we do have rights as a City to have certain controls of what goes into the right-of- way. Rosow said within the right-of-way there are utility easements dedicated in plats, and the public utilities have rights to go within those areas. The extent of our control is more limited in those instances. He said we do have public safety controls for sight distances and obstructions. Case said he was not sure there is not a safety issue with all the exposed wires. Aho noted the exposed wires are low voltage, and, while it would be detrimental to operations if they were cut, it should not be a safety issue. Case asked if the four existing locations would be grandfathered in if we change the ordinance now. Rosow said we want to explore with staff CITY COUNCIL MINUTES July 16,2013 Page 10 opportunities to put changes somewhere other than in the zoning code where it would be subject to grandfathering conditions. Case thought we should be able to find a way to control eyesores that are on our property. Rosow said it is important to make a distinction between our property and property that we hold in trust by virtue of a plat. The easement areas are held in trust for the benefit of the public, and the utilities have the right to be there. Case noted we have some control through ordinances governing the height of the pole. Rosow said that is a public safety issue. We will be looking into the issue further. Case said he would still like to see us explore the safety angle of this issue. He would also like the ordinance to be made as strong as possible. MOTION: Nelson moved, seconded by Case, to direct staff to prepare a code amendment for review and discussion with the Planning Commission. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Community Garden Plot Lease Agreement with Metropolitan Airports Commission Lotthammer said this item relates to one of our two community gardens located east of the SuperAmerica on Pioneer Trail. The garden is leased to us by MAC. MAC will only renew the lease for the year 2013. Staff is checking to see if there are other locations that could be developed. The action tonight is to extend the lease to get through the current garden season. We plan to have more discussions with MAC about possibly continuing it on a year-by-year basis. Tyra-Lukens asked if the revenue we get from the gardeners cover the rent. Lotthammer said the lease amount is $420 and we get up to $100 per plot, so revenue more than covers it. Aho asked if we have identified a spot to relocate if we don't get the renewal for next year. Lotthammer said there is a location at Lake Riley; however, that location would require a lot of work on the soils. A garden location needs to have a level footprint with good parking and accessibility. Butcher Wickstrom felt very strongly about having the resource of community gardens available. There are a lot of people who live in townhouses and apartments, and they can benefit from community gardens. She said we need to find another way to offer this to gardeners. She was also concerned about how we would communicate with the 88 people who are gardening there. Lotthammer replied we have their email and home addresses, and he recommended that staff do some back up planning before we sound the alarm. Butcher Wickstrom suggested we send a letter out to the gardeners with options for other locations if we can't continue to use the MAC location. CITY COUNCIL MINUTES July 16,2013 Page 11 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the lease agreement with the Metropolitan Airports Commission for the Community Garden Plots Area. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Riverview Road Closure Ellis said, as a result of nearly five inches of rain over the weekend, Riverview Road was closed today between Hennepin Town Road and Parker Drive. Staff tried to salvage the roadway after the culvert was undermined, but it started to settle this afternoon. He said staff is actively pursuing a resolution and will meet with an engineering consulting firm to get started on developing a new crossing; however, the road will be closed for at least two to three months. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:30 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 20, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Private Kennel Frank& Lyndy Newcomb 6721 Lochanburn Road Temporary Liquor Organization: Eden Prairie Lions Club Event: Eden Prairie Historical Society Calico Ball Date: Green Acres Event Center 14150 Pioneer Trail Place: September 22, 2013 Organization: Rotary Club of Eden Prairie Event: 2013 Vino Classico Date: October 12, 2013 Place: Eden Prairie Community Center 16700 Valley View Road Amendment to Liquor License 2AM Closing Permit-Renewal Eden Prairie Jakes Inc DBA: Jake's City Grille - 1 - CITY COUNCIL AGENDA DATE: August 20, 2013 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Popeyes Louisiana Kitchen Janet Jeremiah/Julie Klima Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment within the Commercial Regional Services Zoning District on 0.84 acres; • Approve Resolution for Site Plan Review on 0.84 acres; and • Approve the Development Agreement for Popeyes Louisiana Kitchen. Background Information This is the final reading for an exterior architectural remodel of the existing building. No building expansion or changes to the approved site plan are proposed. The remodel meets zoning code requirements. The 120-Day Review Period Expires on October 1, 2013. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement POPEYE'S LOUISIANA KITCHEN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 12-2013-PUD-5-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,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 amended within the Commercial Regional Service Zoning District 12-2013-PUD-5-2013 (hereinafter "PUD-5- 2013-C-REG-SER). Section 3. The City Council hereby makes the following findings: A. PUD-5-2013-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-5-2013-C-REG-SER is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-5-2013-C-REG-SER are justified by the design of the development described therein. D. PUD-5-2013-C-REG-SER is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of August 20, 2013, entered into between AFC Enterprises, Inc d/b/a Popeyes Louisiana Kitchen, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-5-2013- C-REG-SER, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Commercial Regional Services District and shall be included hereafter in the Planned Unit Development 5-2013-C-REG-SER, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of July, 2013, 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 20th day of August, 2013. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2013. EXHIBIT A PUD Legal Description — Lot 1, Block 1, Eden Glen 2nd Addition, City of Eden Prairie, Hennepin County, State of Minnesota POPEYES LOUISIANA KITCHEN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 12-2013-PUD-5-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 7995 Glen Lane within the Commercial-Regional-Services Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2013. (A full copy of the text of this Ordinance is available from City Clerk.) POPEYES LOUISIANA KITCHEN CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR POPEYES LOUISIANA KITCHEN BY AFC ENTERPRISES, INC WHEREAS, AFC Enterprises, Inc., has applied for Site Plan approval of Popeyes Louisiana Kitchen to complete an exterior architectural remodel at 7995 Glen Lane,by an Ordinance approved by the City Council on August 20, 2013; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its June 24, 2013 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its July 16, 2013 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to AFC Enterprises, Inc. d/b/a Popeyes Louisiana Kitchen based on the Development Agreement between AFC Enterprises, Inc. d/b/a Popeyes Louisiana Kitchen and the City of Eden Prairie, reviewed and approved by the City Council on August 20, 2013. ADOPTED by the City Council of the City of Eden Prairie this 20th day of August, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk AMENDMENT TO DEVELOPMENT AGREEMENT POPEYES LOUISIANA KITCHEN THIS AMENDMENT TO AGREEMENT,made and entered into as of August 20,2013, by AFC ENTERPRISES,INC.d/b/a POPEYES LOUISIANA KITCHEN, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; WHEREAS, Developer has applied to City for Developer Planned Unit Development Concept Amendment on 0.84 acres, Planned Unit Development District Review on 0.84 acres, Zoning District Amendment in the Commercial Regional Service (C-Reg-Ser) Zoning District on 0.84 acres,and Site Plan Review on 0.84 acres,all situated in Hennepin County,State of Minnesota, more fully described in Exhibit A,attached hereto and made a part hereof,and hereinafter referred to as the "Property"; WHEREAS, the Property is subject to that certain Development Agreement made and entered into as of December 15, 1981 by between Delaria's Kitchens Inc. and the City of Eden Prairie,a municipal corporation(hereinafter referred to as the"Development Agreement")attached hereto and made a part hereof as Exhibit D,which Development Agreement covers additional real property; NOW THEREFORE, in consideration of the City adopting Resolution No. for Planned Unit Development Concept Amendment, Ordinance No for Planned Unit Development District Review and Zoning District Amendment in the Commercial Regional Service (C-Reg-Ser) Zoning District on 0.84 acres, and Resolution No. for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. Developer shall develop the Property in conformance with the materials stamp dated May 30, 2013, reviewed and approved by the City Council on July 16, 2013, and attached hereto as the Plans, 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 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. 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. 7. To the extent of any conflict between the terms of the Amendment and the terms of the Development Agreement, it is agreed that the terms of this Amendment shall control. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE AFC Enterprises, Inc. By Nancy Tyra-Lukens Its Mayor By By Print Rick Getschow Its Its City Manager By Print Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 20th day of August, 2013, by Nancy Tyra-Lukens 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 , 2013,by , the of AFC Enterprises, Inc, on behalf of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A-AMENDMENT TO DEVELOPMENT AGREEMENT POPEYES LOUISIANA KITCHEN Legal Description: Lot 1, Block 1, Eden Glen 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Together with an easement in favor of said Lot 1 for ingress and egress and right-of-way 24 feet wide over and across the following described property: Lot 1, Block 2, Eden Glen, according to the recorded plat thereof, Hennepin County, Minnesota. The center line of said easement is described as follows: Beginning at a point on the South line of Lot 1, distant 66 feet West of the Southeast corner of said Lot 1; Thence Northerly perpendicular to the south line of said Lot 1 a distance of 102.50 feet; Thence Northwesterly a distance of 37.70 feet along a tangential curve concave to the Southwest having a radius of 24.0 feet and a central angle of 90 degrees, then Westerly tangent to last described curve a distance of 52.68 feet; Thence Southwesterly a distance of 145.15 feet along a tangential curve concave to the south having a radius of 395.95 feet and a central angle of 21 degrees, 00 minutes 16 seconds; Thence Southwesterly tangent to last described curve to the Westerly line of said Lot 1 and said center line there terminating. EXHIBIT B SUPPLEMENT TO DEVELOPMENT AGREEMENT POPEYES LOUISIANA KITCHEN PLANS 1. Color Rendering of East and South Elevations stamp dated May 30, 2013. 2. Color Rendering of East and South Elevations of KFC and Popeyes Louisiana Kitchen dated 5-21-2013. 3. Site Plan, Sheet C-1, dated 5/30/2013 by Henrickson Architecture. 4. North,South,East,West,and Shutter Elevations,Sheet A-5,dated 5/30/2013 by Henrickson Architecture. EXHIBIT C -AMENDMENT TO DEVELOPMENT AGREEMENT POPEYE'S LOUISIANA KITCHEN 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. 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. IV. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. V. 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. VI. Developer represents that it has a leasehold interest in the Property, except: 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 owner, as set forth on Exhibit E attached hereto, has marketable fee title free and clear of all mortgages, liens, and other encumbrances. The Developer shall provide to the City a current title insurance commitment reflecting 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. To the best of the Developer's knowledge 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. VII. 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. VIII. 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. IX. 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. X. 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, 9705 Data Park, Minnetonka, Minnesota 55343. XI. 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. XII. 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. XIII. 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. XIV. 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. XV. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVI. 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 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XVII. 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. XVIII. 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. XIX. 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. XX. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof,or otherwise give rise to any cause of action for any person not a party hereto. XXI. Developer ratifies and reaffirms all of the terms and conditions and accepts the obligations of "Developer" under the Development Agreement, except as amended by this Agreement. EXHIBIT D POPEYES LOUISIANA KITCHEN Development Agreement between Delaria's Kitchens, Inc. and the City of Eden Prairie, dated December 15, 1981. EXHIBIT E DEVELOPMENT AGREEMENT-POPEYES LOUISIANA KITCHEN OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN McNUTT REAL ESTATE HOLDINGS LLC AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of August 20, 2013, by and between McNutt Real Estate Holdings LLC, a Minnesota Limited Liability Company, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt,Resolution No. for Planned Unit Development Concept Amendment, Ordinance No for Planned Unit Development District Review and Zoning District Amendment in the Commercial Regional Service(C-Reg-Ser)Zoning District on 0.84 acres, and Resolution No. for Site Plan Review, as more fully described in that certain Development Agreement entered into as of August 20, 2013,by and between AFC ENTERPRISES,INC. d/b/a Popeyes Louisiana Kitchen,and City("Development Agreement")pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 1. If AFC ENTERPRISES, INC. d/b/a POPEYES LOUISIANA KITCHEN, 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. for Planned Unit Development Concept Amendment, Ordinance No for Planned Unit Development District Review and Zoning District Amendment in the Commercial Regional Service (C-Reg-Ser) Zoning District on 0.84 acres, and Resolution No. 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 and the Development 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. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE By By Its Nancy Tyra-Lukens Its Mayor By By Its Rick Getschow, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013,by Nancy Tyra-Lukens 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 ,2013,by ,the of McNutt Real Estate Holdings,LLC, a Minnesota Limited Liability Company, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A OWNERS SUPPLEMENT Legal Description Lot 1, Block 1, Eden Glen 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Together with an easement in favor of said Lot 1 for ingress and egress and right-of-way 24 feet wide over and across the following described property: Lot 1, Block 2, Eden Glen, according to the recorded plat thereof, Hennepin County, Minnesota. The center line of said easement is described as follows: Beginning at a point on the South line of Lot 1, distant 66 feet West of the Southeast corner of said Lot 1; Thence Northerly perpendicular to the south line of said Lot 1 a distance of 102.50 feet; Thence Northwesterly a distance of 37.70 feet along a tangential curve concave to the Southwest having a radius of 24.0 feet and a central angle of 90 degrees, then Westerly tangent to last described curve a distance of 52.68 feet; Thence Southwesterly a distance of 145.15 feet along a tangential curve concave to the south having a radius of 395.95 feet and a central angle of 21 degrees, 00 minutes 16 seconds; Thence Southwesterly tangent to last described curve to the Westerly line of said Lot 1 and said center line there terminating. CITY COUNCIL AGENDA DATE: August 20, 2013 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning Home Depot Garden Center Janet Jeremiah/Regina Rojas Expansion/Truck Rental Requested Action Move to: • Approve 2nd Reading of the Ordinance for PUD District Review with waivers, and Zoning District Amendment in the C-Reg-Ser Zoning District on 13.16 acres; and • Adopt Resolution for Site Plan Review on 13.16 acres; and • Approve the Development Agreement for Home Depot Garden Center Expansion/Truck Rental. Synopsis This item was first reviewed at the November 20, 2012 City Council meeting. The original request was modified. The proposed 7,365 square foot garden center in front of the existing garden center was eliminated. The proposed garden center expansion is now located behind the existing garden center and is reduced in size to 4,591 square feet. The truck rental area is the same size and in the same location. The trucks will be screened with five 8-10 foot conifer trees and the existing outdoor garden center. This is final approval for the garden center expansion and truck rental area. Background Information The 120-Day Review Period Expires on September 30, 2013. Attachments 1. Site Exhibit/Landscape Exhibit 2. Ordinance for PUD District Review and Zoning District Amendment 3. Summary Ordinance 4. Resolution for Site Plan Review 5. Development Agreement • GreenbergFarrow • 1 Arlington Heights,Illinois Suite60005 • PROPOSED GARDEN o847 788 9200 f:847 788 9536 CENTER PROJECT CONTACT INFORMATION -'"SITE-- EXPANSION—B COORDINATOR HOME DEPOT EI aGFAIOW 1,076 S.F. °�T'w`„R, o EVERGREEN^boons 200 �4° '-.-5/5 «,_ 058 m6 ,n9=GD%„RR 40 p K�I E,9�omb.P«wm m@R,..N6.,R",�.wW ••- SITE AREA ti „,„ THE HOME DEPOT 13.16 ACRES MIME N _ >FENCE...G`Rm>a`LOH as' LOCATION MAP n BUILDING AREA FIT,T-1TT TT El/-7- In !1 /T/T/T T/ /T/ I �� -- THE HOME DEPOT 111,956 S.F. GARDEN CENTER 17,910 S.F. 5B / T I',, 11 �' GARDEN CENTER EXPANSION-A 3,515 S.F. r - , - -- 1 GARDEN CENTER EXPANSION-8 1,076 S.F. '11 II, ® NR11 TOTAL 134,457 S.F. ❑ 11 © Noa•.. . ❑I 1 5 1217 ❑ � � PARKING SUMMARY ❑ 1-1 �� .�: RATIO SPACES SPACES R'1;'� USER REQUIRED REO'D'PM 1111'I,III I',11111�1 M HD EXISTING 5. RE GFA 560 622 I` 11 -0rX PROPOSED GARDEN HD PROPOSED 5.0/100 GFA 560 622 r,111 1 11 s E ro N i 11 ti CENTER 1,11 �� 1� ,, —�EXPANSION—A MOH MUCK 41541 ,_ . ,m , �� D,RWNIW 3,515 S.F. �II41! 11 &0-ARN '111 ' A1 111j1111� THE HOME DEPOT ' 1111''Ip .uE1N Q'11j11V 111,956 B.F. _ .del tW�.1 �4It, - '1 ccx.Lrt PwD ZONING CLASSIFICATION j11/11 Ise %ARoex LEPER �11�� EXISITNG REGIONAL SERVICE COMMERCIAL-PUD /,/2 17,910 S.F. I 1 m BONc.NL TO REMAIN i y- / V /,,,;, 1 _ A 1 L I �� !- r- ®FLOOR PLAN 11 SCNE: le'=1'0• 5 5 15 25 » PROJJECT NOTES — 1MM THIS FOR PUNNING PURPOSES ONLY: SOE ,� .,i., \@\\\\ �\ SPECIFIC INFORMATION SUCH US EMI.EVERIFIED. IED. OxS,ZONING.PARKING `` REQUIREMENTS SUCH MUST BE YFPo CO. C]4 74 3.THIS ATE VAN IS BASED ON A BOUNDARY SURVEY BY ` �i - _ •• AND 1PMIG SIGNALS SHOWN,EXISTING AND PROPOSED, / ` - �N:111111111NIINI IIVVIVEI VV1111VII 11111111111111 IVI111111111111111�.:111111111111 DUST BE VERSED, ISION RECORD _ 1- III 1111N li111111 111 1N1 ::�11 �R 7I10RD�r EV VE b 4 II IIII" , 111 1 ,11111 jj1Vl...MMMIIII IIII in 1 off/IG/,: ° aali III111111111111 IIII IIII 11 II II IIII 1 II Tim _ 1 1 11111 1 11 1 I111 : 1u11u110 08/3Dn� wNER REUEw ...''MMM■■ DR/,4nz A°DN TAL TD G Y \ s II#IIII I I Ill VV111 III11 IIII11 II11II11 IIII IIII11 III1I,111111111 1".Il...1 R RI 1 11111.11.. 1MI .�1.1 II 1111.... �IIIIIIIIIIII TM C0""E"n \ `.� ,R Yb L Mµ 0% %3 0 NER°REJ EW OP/7/3 CITY COUNCIL SCD OF lxNaos w MR)errNn u E“..°EWER wvvew nnc OroO cwm 1SITE PLANNER•DRAWN BY pmn U eAww COVER wPexsaN axcE1E \ \ 3 WEST ELEVATION \ \\\ SK-1 SCALE: 16'=1'0' 11 o s to zs w SITE DEV. WLC //P PROTOTYPE DATE COORDINATOR r CHECKED BY NLBA DISPLAY SPACE CALCULATIONS NON-PRDT°" / I �� EXPANSION AREA A 3,515 SF PROTOTYPE °°R.E.MARKET R.E.AGENDA E EDEN PRAIRIE, o EXPANSION AREA B 1,076 SF *1N' 13100 VALLEY VIEW RD. < �I1II1II11I11111I11I11111I1111LIIHIIH1 EXISTING GARDEN CENTER 17,910SF QIENT SITE IDNUMBER 2812 i ___ ——_\�� PENSKE TRUCK AREA 4,272 SF GF PROJECT NUMBER zo„oaezo TOTAL 26,773 SF GARDEN CENTER EXPANSION/ g I 1 SITE PLAN e ®PENSKE TRUCK RENTAL PROGRAM 1 SK-I SCALE: 1:50 NORTH ® 111,956/26,773=.239(24%) SITE PLAN& I S FV I ELEVATIONS I I I rl \\\\ I • 11 �I-E greenbergFarrew X z1 s.Evergreen Ave.Mote zoo \ ( Arlington Neigh*Illinois 60005 ( Led]788 9200 9 8077889536 comma.sone. ISSUE/REVISION RECORD �� N0 / °2n DESCIEIK�" lir2 el9 SET ��mu' I o i„i1dGnogp coma( . cot / VICINITY MAP EXPANSIONS m� \\ `\�,III���IIIII�� III( ( '°Y"• 1,076 SF ` 1 \ ',,,Ili,,, OQ • T 1'\ a c 4,0 0 , 11 Il\ ms 1w \ PP 5 11 Z1 1 I �\ # V B&B A 1 EXPANSION A \ f \ \ \ 3,515 SF \\ 1,, \ \ \\\ I , \ Ir J /N PENSKE TRUCK \ , ' \ LANDSCAPE PLAN 4 PARKING \\\ \ sa4E.,-ra NORTH (25 SPACES) % 4,272 SF `�`1\ / PLANT SCHEDULE SEE LANDSCAPE PLAN I \\\ _ PROFESSIONAL sent THIS SHEET_ \" I _ TREES CODE WY BOTANICAL NAME COMMON NAME CONT SIZE REMARKS r fi ` ., w„ a pow PP 5 Picee pungens Colorado Spruce BAB 8'00'Ht. FULL R1 n�A,„ BRANCHING \�\ 1 (MINIMUM 15 I. CALIPER *,\1 # I j PROFESSION.MSxaxee INCHES) PO k� / REFERENCE NOTES SCHEDULE ABeP • o \ I _ IL BLUM \ SYMBOL DESCRIPTION NMI.SOWN. _� \ :I3"DEPTH SHREDDED BARK MULCH. onArnPAO Ilk 1 - �R F rif;21E PROJECT NAME - ;� THE HOME n w°��m� �� DEPOT 1 — \ � : ill,_ ml. 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P` iP'[ ri l Y:ir!4 "uyrr'OYw= . .`a a", w %'y'II ` n. 6@n-. , L:,, e G i�Ate....�.+ S4 � w •,.., rn r acwcsi uw w 0 ur..tI ^ HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 13-2013-PUD-6-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,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 amended within the Commercial Regional Service Zoning District 13-2013-PUD-6-2013 (hereinafter "PUD-6- 2013-C-REG-SER). Section 3. The City Council hereby makes the following findings: A. PUD-6-2013-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-6-2013-C-REG-SER 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-6-2013-C-REG-SER are justified by the design of the development described therein. D. PUD-6-2013-C-REG-SER 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 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of August 20, 2013, entered into between Home Depot U.S.A., Inc. and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-6-2013-C-REG-SER, and are hereby made a part hereof Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Commercial Regional Service Zoning District and shall be included hereafter in the Planned Unit Development 6-2013-C-REG-SER, 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 20th day of November, 2012, 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 20th day of August, 2013. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2013. EXHIBIT A PUD Legal Description — Lot 1, Block 1 Prairie Crossroads Corporate Center, Hennepin County, Minnesota HOME DEPOT GARDEN CENTER EXPANSION/ TRUCK RENTAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 13-2013-PUD-6-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 13100 Valley View Road within the Commercial Regional Service Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2013. (A full copy of the text of this Ordinance is available from City Clerk.) HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL BY HOME DEPOT U.S.A. WHEREAS, Home Depot U.S.A, has applied for Site Plan approval of Home Depot Garden Center Expansion/Truck Rental to construct an expansion to the garden center and truck rental center, by an Ordinance approved by the City Council on November 20, 2012; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its October 8, 2012 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its October 16, 2012 and November 20, 2012 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Home Depot Garden Center Expansion/Truck Rental based on the Development Agreement between Home Depot U.S.A and the City of Eden Prairie, reviewed and approved by the City Council on August, 20 2013. ADOPTED by the City Council of the City of Eden Prairie this 20th day of August, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk 1st SUPPLEMENT TO DEVELOPER'S AGREEMENT THE HOME DEPOT GARDEN CENTER EXPANSION/ TRUCK RENTAL THIS SUPPLEMENT TO DEVELOPER'S AGREEMENT, made and entered into as of August 20, 2013, by HOME DEPOT U.S.A., INC., a Delaware corporation, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 13.16 acres, Planned Unit Development District Review with waivers on 13.16 acres, Zoning District Amendment within the Commercial Regional Service Zoning District on 13.16 acres, Site Plan Review on 13.16 acres, legally described on Exhibit A (the "Property"); WHEREAS, the parties desire to amend that certain Developer's Agreement between Home Depot U.S.A., Inc. and the City of Eden Prairie for Home Depot, dated September 1, 1998, (hereinafter the "Developer Agreement) for the Property, a copy of which is attached hereto as Exhibit D; NOW, THEREFORE, in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Amendment within the Commercial Regional Service Zoning District on 13.16 acres, Resolution No. for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. Developer shall develop the Property in conformance with the materials revised and dated October 16, 2012, reviewed and approved by the City Council on November 20, 2012, and listed on attached Exhibit B (the "Plans"), 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. REAFFIRMING CONDITIONS OF AMENDED DEVELOPER AGREEMENT: Developer agrees to all of the terms, conditions and obligations of"Developer" under the Developer's Agreement dated September 1, 1998, except as inconsistent with or amended by this 1st Supplement. The Developer's Agreement shall remain in full force and effect except amended by this 1st Supplement. To the actual knowledge of Seller without any investigation or inquiry whatsoever there are no existing defaults by Developer under the Developer's Agreement. 4. 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 depicting a total of 12 caliper inches. The approved landscape plan shall be consistent with the Plans including but not limited to quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 5. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Commercial Regional Service Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD f ): • Permanent outdoor display from 6%to 24% IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens 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 , 2013, by Nancy Tyra-Lukens 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 HOME DEPOT U.S.A., INC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013, by , the of Home Depot U.S.A., Inc., a Delaware corporation on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A lst SUPPLEMENT TO DEVELOPER'S AGREEMENT—THE HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL Legal Description: Lot 1, Block 1 Prairie Crossroads Corporate Center EXHIBIT B SUPPLEMENT TO DEVELOPER'S AGREEMENT—THE HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL PLANS: Plans and Elevations, Sheet SK-1 dated 09/27/12, revised 7/17/13 by GreenbergFarrow ALTA/ACSM Land Title Survey dated 07/14/97 by Westwood Professional Services Preliminary Plat dated 07/02/98 by HTPO Grading, Stormwater, and Drainage Plan dated 11/3/98 by HTPO Utility Plan dated 11/3/98 by HTPO Landscape Plan, Sheet L1.0 dated 12/11/2012, revised 7/17/13 by GreenbergFarrow Site and Grading Plan dated 7/19/13 by GreenbergFarrow EXHIBIT C SUPPLEMENT TO DEVELOPER'S AGREEMENT—THE HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with thislst Supplement 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 1st Supplement, thus restoring the status of the Property to that which existed before the 1st Supplement and all approvals granted as part of the 1st Supplement. 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. VII. Developer represents that it has marketable fee title to the Property, except: XXXXXxxxxXXXXXXXX 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 except as set forth above. 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, to the best of Developer's knowledge, 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. 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. (Not applicable to the approvals granted by this 1st Supplement) 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 in connection with this 1st Supplement. 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 Developer Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. (Not applicable to the approval granted in this 1st Supplement.) XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for any improvements covered by this 1st Supplement, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent posts that measure four-feet tall aboveground. A 3 inch by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie" or"Wetland Buffer: No Mowing Allowed", will be affixed to the top of the post. XIX. Within 10 days of the approval of the Supplement, the Developer shall record the Supplement with the Original Developer Agreement as a referenced attachment, at the Hennepin County Registrar of Titles, provided that the Registrar of Titles will accept the Supplement for recording and memorializing on the current certificate of title. No building permit shall be issued for any improvement covered by this 1st Supplement until proof of filing of this 1st Supplement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security") is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. EXHIBIT D SUPPLEMENT TO DEVELOPER'S AGREEMENT—THE HOME DEPOT GARDEN CENTER EXPANSION/TRUCK RENTAL Copy of Original Developer's Agreement (attached) CITY COUNCIL AGENDA DATE: August 20, 2013 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Community Development/Planning Reeder Ridge Janet Jeremiah/Julie Klima Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers on 78.56 acres and Zoning District Change from Rural to R1-13.5 on 78.56 acres; and • Approve the Development Agreement for Reeder Ridge. Background Information This is the final approval of the development agreement and plans for a 104 lot and 4 outlot single family lot subdivision. The 120-Day Review Period Expires on October 15, 2013. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Development Agreement REEDER RIDGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 14-2013-PUD-7-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-13.5 Zoning District 14-2013-PUD-7-2013 (hereinafter "PUD-7-20 13-R 1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of August 20, 2013 entered into between Pulte Homes and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-7-2013-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-7-2013-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-7-2013-R1-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-7-2013-R1-13.5 are justified by the design of the development described therein. D. PUD-7-2013-R1-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-7-2013-RI-13.5 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of July, 2013, 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 20th day of August, 2013. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2013. EXHIBIT A Legal Description: The East Half of the Southeast Quarter of the Southwest Quarter, and the West Half of the Southwest Quarter of the Southeast Quarter, all in Section 29, Township 116, Range 22, Hennepin County, Minnesota; and Together with all rights of ingress and egress to the aforesaid property over that part of Government Lot 7 in Section 32, Township 116, Range 22, Hennepin County, Minnesota, lying North of Highway 169-212, as presently established; AND That part of the East Half of the Southwest Quarter of the Southeast Quarter of Section 29, Township 116 North, Range 22 West of the Fifth Principal Meridian, described as follows: Beginning at the Southwest corner of said East Half of the Southwest Quarter of the Southeast Quarter; thence North along the West line of said East Half of the Southwest Quarter of the Southeast Quarter to a point distant 648 feet South of the Northwest corner of said East Half of the Southwest Quarter of the Southeast Quarter; thence East parallel with the North line of said East Half of the Southwest Quarter of the Southeast Quarter, a distance of 200.04 feet; thence Southeasterly deflecting to the right 68degrees 10 minutes to the center line of Eden Heights Road; thence Southerly along said center line to the South line of said East Half of the Southwest Quarter of the Southeast Quarter; thence West along said South line to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota; AND South 400 feet of the Northwest Quarter of the Southeast Quarter of Section 29, Township 116, Range 22, Hennepin County, Minnesota, said 400 feet being measured at right angles form the South line of said Northwest Quarter of the Southeast Quarter; And excepting therefrom the following tract of land: Commencing at the Northeast corner of the said above described tract, which corner is the beginning of the tract to be described, thence Westerly 288.8 feet on the North line of said above described tract to a point therein, thence South to a point which is 200 feet South when measured at right angles to the South line of the above described tract from said North line and which point is 288.8 feet West of the East line of the above described tract, thence East and parallel with the South line of the above described tract to a point in the East line of the above described tract, thence North on said East line 200 feet more or less to the point of beginning; AND That part of the South 400 feet of the Northwest Quarter of the Southeast Quarter of Section 29, Township 116, Range 22, Hennepin County, Minnesota, said 400 feet being measured at right angles from the Southline of said Northwest Quarter of the Southeast Quarter, described as follows: Commencing at the Northeast corner of the said above described tract, which corner is the point of beginning of the tract to be described, thence Westerly 288.8 feet on the North line of said above described tract to a point therein, thence South to a point which is 200 feet South when measured at right angles to the South line of the above described tract from said North line and which point is 288.8 feet West of the East line of the above described tract, thence East and parallel with the South line of the above described tract to a point in the East line of the above described tract, thence North on said East line 200 feet more or less to the point of beginning, Hennepin County, Minnesota; AND The South 2 rods of the East 42 rods of the Northeast Quarter of the Southwest Quarter of Section 29, Township 116, Range 22, according to the US Government Survey, thereof, Except that part thereof heretofore conveyed to Roger C. Johnson and Jean M. Johnson, husband and wife, by Limited Warranty Deed dated 5-13-1986, filed 6-23-1986, as Document No. 5122488; namely, that part of the North 1 rod thereof lying Easterly of the extension Southwesterly of the Westerly lot line of Lot 2, Block 2, Cedar Hills West, according to the map or plat thereof on file and of record in the Office of the Recorder in and for the County of Hennepin, State of Minnesota; AND Lot 2, 3, and 4, Block 2, Cedar Hills West, according to the recorded plat thereof, Hennepin County, Minnesota; AND That part of the North one rod of the South two rods of the East 42 rods of the Northeast Quarter of the Southwest Quarter of Section 29, Township 116, Range 22, according to the US Government Survey thereof, lying Easterly of the extension Southwesterly of the Westerly lotline of Lot 2, Block 2, Cedar Hills West, according to the map or plat thereof, Hennepin County, Minnesota; AND The North 486 feet of the East Half of the Southwest Quarter of the Southeast Quarter of Section 29, Township 116, Range 22, Hennepin County, Minnesota. REEDER RIDGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 14-2013-PUD-7-2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 9990 Eden Prairie Road from the Rural Zoning District to the R1-13.5 Zoning District on 78.56 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2013. (A full copy of the text of this Ordinance is available from City Clerk.) DEVELOPMENT AGREEMENT REEDER RIDGE THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of August 20, 2013, by Pulte Homes of MN LLC, 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 for Planned Unit Development Concept Review on 78.56 acres, Planned Unit Development District Review with waivers on 78.56 acres, Zoning District Change from Rural to R1-13.5 on 78.56 acres,and Preliminary Plat of 78.56 acres into 104 lots and 4 outlots, legally described on Exhibit A (the "Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to R1-13.5, and Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated August 20,2013,reviewed and approved by the City Council on August 20, 2013, (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. BOUNDARY FENCING: The Developer agrees to install at its own cost a 6 foot tall black aluminum fence along the west edge of the property behind Lot 23,Block 4 and Lots 25-28, Block 3. 4. BURIAL MOUNDS: Burial mounds as shown on Exhibit G have been identified on the site known as the Kempton Mound Site. The State Archaeologist has confirmed that a portion of the site is still a burial mound and delineated burial boundaries. The Developer shall provide for the protection of the property with the burial boundaries in the Declaration of Covenants, Conditions, and Restrictions. Said provisions shall provide that the Home Owners Association, the City, the State or the Federal government may enforce all provisions related to the burial mounds. 5. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land,construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 6. 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. 7. DISCLOSURE OF INFORMATION REGARDING FLYING CLOUD AIRPORT: No lot shall be sold or transferred to the first intended residential homeowner,nor an agreement entered into to construct a home on any lot within the development unless the Developer or its successors and/or assigns personally delivers prior to execution of a purchase agreement or an agreement to construct a home on the lot (whichever comes first), a disclosure statement in form and substance as attached as Exhibit D hereto regarding the Flying Cloud Airport. If the initial purchaser of a lot from the Developer is not the initial intended homeowner of a residence to be constructed on the lot, Developer shall require by contractual obligation with its initial purchaser the delivery of the disclosure statement to the initial intended residential homeowner prior to execution by the intended homeowner of any agreement to construct a home or agreement to purchase a lot(whichever comes first). 8. EDEN PRAIRIE ROAD CONSTRUCTION: The Developer shall grant,at no cost to the City,temporary construction easements necessary in City's judgment to construct the Eden Prairie Road Improvements with such temporary easements to be of such scope and term as deemed necessary by the City Engineer for City to complete the Eden Prairie Road Improvements. Developer shall convey, at no cost to the City, the temporary construction easements within 30 days of request by City. 9. FRONT YARD SETBACKS: Front yard setbacks shall be staggered as depicted in the plans approved as Exhibit B. 10. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all burial mound and wetland information, including conservation easement boundaries, wetland boundaries, wetland buffer strips and conservation easement monument locations;all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit.All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading surety, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professionals who prepared the final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professionals shall monitor construction for conformance to the approved final grading plan and SWPPP. The design professionals shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins,"Stormwater Infiltration"or"Filtration Systems" (defined to include such items as rainwater gardens, vegetated swales, infiltration basins,vegetated filters,filter strips,curbless parking lot islands,parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches)or"Underground Systems"(such as media filters,underground sand filters, underground vaults,sedimentation chambers,underground infiltration systems,pre- manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two(2)full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring,and thereafter by the Owner of the Property.Planting and Maintenance Plans for the Stormwater Facilities (where appropriate)to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan and SWPPP to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm water Manual"dated November 2005,the approved final grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment,vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. The Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of 1/2 inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance shall be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. C. STORMWATER FACILITY INSPECTION AND MAINTENANCE A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance, access plans, inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems;routine and non- routine inspection procedures;sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems;and plans for replacement of failed systems,all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris,litter,invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities,if any,must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin(including retention and detention basins)shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. • An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Based on this inspection,if a Stormwater Facility requires cleanout,the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity,leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. Parking lots and drive lanes that drain to any Stormwater Facility shall be swept at least once weekly during construction and more frequently as needed to minimize sediment accumulation within the Stormwater Facilities. After the two year period of maintenance,the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets,parking lots or drive aisles at a minimum of once per year; debris and litter removal;removal of noxious and invasive plants;removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed;and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall be removed by hand. Areas above Underground Systems shall be kept free of structures that would limit access to the System for maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of a SWPPP for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 11. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, delineated on Exhibit B, Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit,Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 12. HOMEOWNERS ASSOCIATION: Prior to the release of the Final Plat, the Developer shall submit to the City for approval by the City Attorney, the Homeowner Association Declaration of Covenants, Conditions, and Restrictions. 13. INTERIOR NOISE MITIGATION PLAN: Prior to issuance of each residential building permit for the Property,Developer shall submit to the City Building Official,and obtain the City Building Official's written approval of plans that establish that each residence is designed to meet the structural performance standards for residential interior sound levels, depicted in the Metropolitan Council's Transportation Policy Plan, Appendix H, (Metropolitan Council Land Use Compatibility Guidelines for Aircraft Noise) Table 4, adopted December 15, 2004. 14. MAINTENANCE OF EDEN PRAIRIE ROAD: Any segment of Eden Prairie Road used for construction ingress and/or egress (including dirt hauling operations) south of Beverly Drive shall be subject to the following conditions: • Prior to issuance of a permit by the City for Land Alteration or construction of streets and utilities for the Property,the Engineering Division shall perform an inspection of Eden Prairie Road from the proposed construction access at Wuttke Crossing to Beverly Drive to determine the existing conditions of and required maintenance necessary for Eden Prairie Road. The Developer shall perform all maintenance identified by the inspection for Eden Prairie Road prior to the issuance of any permit. Maintenance may include a 1.5" overlay of Eden Prairie Road from Wuttke Crossing to Beverly Drive. • Developer shall repair any area of Eden Prairie Road south of Beverly Drive subject to construction traffic that develops pavement distress as determined by the City Engineer. • Developer shall provide City with a maintenance security in the amount of$10,000 for the section of Eden Prairie Road from Wuttke Crossing to Beverly Drive. The Security shall remain in full force and effect on each road segment for which reconstruction has not occurred by the City of Eden Prairie Road used by construction traffic. The security will be released on any section of Eden Prairie Road that is reconstructed by City to current design standards or when 75% of the lots contain completed and occupied homes. • A 6-ton restriction shall remain in effect between March 1 and May 1, each year on all road segments. • All construction ingress and egress on Eden Prairie Road shall be to and from the north. 15. OUTLOTS: Outlot A shall be owned and maintained by the Homeowners Association as a scenic overlook. Developer shall form a Homeowners Association to which is transferred the responsibility to maintain Outlot A as a scenic overlook. Portions of Outlot A and portions of Lots 5-17, Block 3 shall be subject to conservation easement as depicted in the approved plans. The Developer shall submit a Conservation Easement attached as Exhibit F to protect such areas. After approval by the City,the Developer shall file the Conservation Easement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to the recording of any document affecting the property, including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Outlot B shall be reserved for future purchase for the Eden Prairie Road alignment. Prior to the approval of the Final Plat,the developer shall work with City staff to finalize the shape and size of Outlot B to conform to the best available information for the extension of Eden Prairie Road to CSAH 61 (Flying Cloud Drive). Prior to final plat approval,Developer shall dedicate such additional right-of-way for CSAH 61 as determined by the City to conform to Hennepin County's road design requirements. Outlot C shall be deeded to the City by Warranty Deed in order to preserve the steep slopes and open space on the site and Outlot D shall be deeded to the City by Warranty Deed for wetland preservation. Developer shall file the deeds conveying Outlots C and D to the City with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to the recording of any document affecting the property, including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. The existing gravel drive on Outlots A and C shall be fully removed as a part of the initial grading for the project. 16. PROPERTY EVALUATION FOR ACTIVE EROSION: The Property shall be evaluated regarding existing active areas of erosion by a geotechnical engineer retained by the Developer and approved by the City. Any areas that are experiencing active erosion should be repaired according to recommendations of the geotechnical engineer and as approved by the City Engineer and incorporated into the final project grading plan. The repair of these areas shall occur concurrent with the grading of the Property. 17. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the R1-13.5 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD ): • Lot frontage at the right of way less than 85 feet at right of way line and 55 feet on cul-de-sac radius for 31 lots. o Lots 2, 6, 12-14, 23-25, 27, and 28; Block 1; o Lots 4-6, 8-9; Block 2; o Lots 4, 10-11, 17-18, 24-25; Block 3; o Lots 6, 19-20; Block 4. 18. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to issuance by City of any permit for grading or building on the Property, Developer shall complete the demolition and removal of existing septic systems and wells on the Property and restore the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of $ 1,000 per septic and well site to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the$ 1,000 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 19. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 20. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks and trails to be constructed on the Property. Prior to release of any portion of the final plat,Developer shall convey to the city easements for such sidewalks and trails in such locations as determined by the Director of Parks and Recreation Services. Sidewalks and trails shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located along Wuttke Trail, Prairie Grass Pass and Reeder Ridge as depicted in the Plans. The sidewalk along Reeder Ridge shall be extended to the westerly termination of the street. B. An eight-foot wide bituminous trail to be located along the south side of Beverly Drive as depicted in the Plans. After approval by the City, Developer shall file the sidewalk and trail easements with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. 21. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property, an assessment agreement,in the form and substance as attached in Exhibit E with the City for trunk sewer and water assessments on an assessable area of 57.81 acres in the amount of$409,179.18 and for Eden Prairie Road street,trail,sidewalk,storm sewer,utility and water quality improvements in the amount of$1,316,252. The City shall reduce trunk assessments to the property by an amount to be determined by the City Engineer representing the difference in construction cost between an 8 inch watermain, valves and fittings and 12 inch watermain, valves and fittings for all 12 inch watermain. 22. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer,and obtain the City Engineer's written approval of plans for public streets,sanitary sewer, water and storm sewer. Plans for public infrastructure shall be of a plan view and profile on 24 x 36 or 22 x 34 plan sheets consistent with City standards. Additional plan changes consistent with Planning Commission and City Council approvals(including center island utilized for stormwater abatement features,Reeder Ridge extension to west property line,center islands and cul-de-sacs meeting turning radii requirements)must be incorporated into final plans and approved by the City. Prior to release of the final plat for the Property, Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125%of the cost of said improvements. The Developer shall also be responsible to provide security in the amount of 25% of the cost of public infrastructure upon completion and acceptance of the public infrastructure to serve as a warranty for a period of two years upon acceptance of said public infrastructure by the City. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 23. STREET SIGHT LINES: Developer and future Homeowners Association shall be responsible to maintain sight lines within the public rights of way to meet minimum stopping sight distance of 200 feet for 30 mph within the right-of-way for Wuttke Crossing and for 25 mph within the right-of-way for Reeder Ridge. 24. TREE LOSS-TREE REPLACEMENT: There are 23,766 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 8,046 diameter inches. Tree replacement required is 3,628 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 3,628 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of furnishing and planting replacement trees provided in Developer's approved tree replacement plan as required by City Code. 26. WETLAND PLAN: Prior to release of the Land Alteration Permit for any portion of the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements: A. Wetland Buffer Strip Vegetation Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report ("Buffer Report") in accordance with the Wetland Plan and City Code requirements. If the Buffer Report identifies any unacceptable vegetation or other conditions, the wetland(s) and/or wetland buffer strip(s) shall be graded, treated, reseeded and/or replanted (thereon known as "Landscaping",or"Landscaped")by the Developer within 90 days of submission of the Buffer Report. If the Wetland Plan is submitted after September 15th, the Landscaping must be completed by June 30th of the following year. If Landscaping of the wetland(s)or wetland buffer strip(s)is required,the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager,stating that the wetland(s)and wetland buffer strip(s)comply with all City requirements within 30 days of completion of the Landscaping of the wetland(s)and wetland buffer strip(s). B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee,for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report(Annual Buffer Report)that evaluates the condition of the wetland(s) and wetland buffer strip(s) and any endangered, threatened or special concern species and to determine if they are in compliance with all City requirements. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s)and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) and any endangered, threatened or special concern species remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Wetland Buffer Strip Monuments: Developer shall submit a plan sheet showing the proposed locations for the wetland buffer strip monuments for review and written approval by the Environmental Coordinator. Prior to release of the first building permit for any portion of the Property,Developer shall install all wetland buffer strip and conservation easement monuments for the property. The Security referred to in paragraph D below shall include the cost for location, including surveying, and installation of the monuments. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. Monuments are required at each lot corner and shall have a maximum spacing of 200 feet along the edge of the Outlot D; additional posts shall be placed as necessary to accurately define the edge of the Outlot D. The post shall be a 1.12 to 2.0 pounds per foot(1.12 pounds per foot is preferred)green steel channel post or other material pre- approved in writing by the City Manager or his designee. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long(2.25"x 6.5'). The sign shall have a minimum size of 3 inch by 8 inch(3"x 8"). The sign shall be mounted flush with the top of the post and shall include the statement "No Mowing Allowed, Vegetation Clearing Limit." The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited. Removal of the wetland buffer strip monuments is prohibited. D. Wetland Plan Security: Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond,cash escrow,or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager(hereinafter referred to as the"Security")equal to 150%of the cost,as estimated by the City Manager,of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. 27. BINDING ON SUCCESSORS AND ASSIGNS: Developer's obligations under this Agreement run with the Property and shall be binding on the Developer's successors and assigns.Notwithstanding the foregoing,upon creation of a homeowners' association for the Property(the"HOA")by an instrument in a form satisfactory to the City,in which the HOA assumes and agrees to perform the obligations and responsibilities of the Developer under this Agreement,the HOA shall be bound by all terms and conditions of this Agreement and the Property shall remain subject to the terms and conditions of this Agreement. 28. MODEL HOMES:Notwithstanding any other provision of this Agreement to the contrary, the City will issue a building permit for one (1) model home and a temporary parking lot upon Developer's compliance with the following requirements: • Approval of building plan by chief building inspector; • Approval of survey for model home and parking lot by the City Planner; • Presence of a paved road within 300 feet of the model home and presence on said paved road of a fire hydrant within 1000 feet of the model home; and approval by Fire Chief 29. PRIOR AGREEMENTS: This Agreement supersedes in its entirety that certain Development Agreement by and between The Pemtom Land Company and the City, dated July 1, 2003 and recorded on October 7, 2003 as Document No. 8187109 and that certain Declaration by Wilhelm Clabo and Anina E.Clabo,dated June 7, 1972 and recorded on June 30, 1972 as Document No. 3955410 (the "Clabo Declaration"). IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. [signature pages follow] DEVELOPER: PULTE HOMES OF MINNESOTA LLC, a Minnesota Limited Liability Company By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013, by , the of Pulte Homes of Minnesota LLC, a Minnesota limited liability company on behalf of the limited liability company. Notary Public CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the city. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT — REEDER RIDGE Legal Description Before Final Plat The East Half of the Southeast Quarter of the Southwest Quarter, and the West Half of the Southwest Quarter of the Southeast Quarter,all in Section 29,Township 116,Range 22,Hennepin County, Minnesota; and Together with all rights of ingress and egress to the aforesaid property over that part of Government Lot 7 in Section 32, Township 116, Range 22, Hennepin County, Minnesota, lying North of Highway 169-212, as presently established; AND That part of the East Half of the Southwest Quarter of the Southeast Quarter of Section 29, Township 116 North, Range 22 West of the Fifth Principal Meridian, described as follows: Beginning at the Southwest corner of said East Half of the Southwest Quarter of the Southeast Quarter; thence North along the West line of said East Half of the Southwest Quarter of the Southeast Quarter to a point distant 648 feet South of the Northwest corner of said East Half of the Southwest Quarter of the Southeast Quarter; thence East parallel with the North line of said East Half of the Southwest Quarter of the Southeast Quarter, a distance of 200.04 feet; thence Southeasterly deflecting to the right 68degrees 10 minutes to the center line of Eden Heights Road; thence Southerly along said center line to the South line of said East Half of the Southwest Quarter of the Southeast Quarter; thence West along said South line to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota; AND South 400 feet of the Northwest Quarter of the Southeast Quarter of Section 29, Township 116, Range 22,Hennepin County,Minnesota,said 400 feet being measured at right angles form the South line of said Northwest Quarter of the Southeast Quarter; And excepting therefrom the following tract of land: Commencing at the Northeast corner of the said above described tract, which corner is the beginning of the tract to be described, thence Westerly 288.8 feet on the North line of said above described tract to a point therein,thence South to a point which is 200 feet South when measured at right angles to the South line of the above described tract from said North line and which point is 288.8 feet West of the East line of the above described tract,thence East and parallel with the South line of the above described tract to a point in the East line of the above described tract,thence North on said East line 200 feet more or less to the point of beginning; AND That part of the South 400 feet of the Northwest Quarter of the Southeast Quarter of Section 29, Township 116,Range 22,Hennepin County,Minnesota,said 400 feet being measured at right angles from the Southline of said Northwest Quarter of the Southeast Quarter, described as follows: Commencing at the Northeast corner of the said above described tract,which corner is the point of beginning of the tract to be described, thence Westerly 288.8 feet on the North line of said above described tract to a point therein,thence South to a point which is 200 feet South when measured at right angles to the South line of the above described tract from said North line and which point is 288.8 feet West of the East line of the above described tract,thence East and parallel with the South line of the above described tract to a point in the East line of the above described tract,thence North on said East line 200 feet more or less to the point of beginning, Hennepin County, Minnesota; AND The South 2 rods of the East 42 rods of the Northeast Quarter of the Southwest Quarter of Section 29, Township 116, Range 22, according to the US Government Survey, thereof, Except that part thereof heretofore conveyed to Roger C. Johnson and Jean M. Johnson, husband and wife, by Limited Warranty Deed dated 5-13-1986,filed 6-23-1986,as Document No.5122488;namely,that part of the North 1 rod thereof lying Easterly of the extension Southwesterly of the Westerly lot line of Lot 2,Block 2,Cedar Hills West,according to the map or plat thereof on file and of record in the Office of the Recorder in and for the County of Hennepin, State of Minnesota; AND Lot 2,3,and 4,Block 2,Cedar Hills West,according to the recorded plat thereof,Hennepin County, Minnesota; AND That part of the North one rod of the South two rods of the East 42 rods of the Northeast Quarter of the Southwest Quarter of Section 29, Township 116, Range 22, according to the US Government Survey thereof,lying Easterly of the extension Southwesterly of the Westerly lotline of Lot 2,Block 2, Cedar Hills West, according to the map or plat thereof, Hennepin County, Minnesota; AND The North 486 feet of the East Half of the Southwest Quarter of the Southeast Quarter of Section 29, Township 116, Range 22, Hennepin County, Minnesota. Legal Description After Final Plat Lots 1-30, Block 1; Lots 1-23, Block 2; Lots 1-28, Block 3; Lots 1 -23, Block 4; and Outlots A, B, C, and D; Reeder Ridge, Hennepin County, Minnesota EXHIBIT B DEVELOPMENT AGREEMENT - REEDER RIDGE Street Extension for Reeder Ridge stamp dated City of Eden Prairie Planning Dept. July 31, 2013 Cover Sheet, Sheet 1 of 44, dated 7-23-13,by Alliant Engineering Existing Conditions Survey, Sheet 1 of 2, dated 4-26-13 by Alliant Engineering Existing Conditions Survey, Sheet 2 of 2, dated 4-26-13 by Alliant Engineering Preliminary Plat, Sheet 4 of 44, dated 7-23-13 by Alliant Engineering Preliminary Plat, Sheet 5 of 44, dated 7-23-13 by Alliant Engineering Preliminary Plat, Sheet 6 of 44, dated 7-23-13 by Alliant Engineering Preliminary Plat, Sheet 7 of 44, dated 7-23-13 by Alliant Engineering Preliminary Plat, Sheet 8 of 44, dated 7-23-13 by Alliant Engineering Preliminary Plat, Sheet 9 of 44, dated 7-23-13 by Alliant Engineering Site Plan, Sheet 10 of 44, dated 7-23-13 by Alliant Engineering Site Plan, Sheet 11 of 44, dated 7-23-13 by Alliant Engineering Site Plan, Sheet 12 of 44, dated 7-23-13 by Alliant Engineering Site Plan, Sheet 13 of 44, dated 7-23-13 by Alliant Engineering Site Plan, Sheet 14 of 44, dated 7-23-13 by Alliant Engineering Grading, Drainage and Erosion Control, Sheet 15 of 44, dated 7-23-13 by Alliant Engineering Grading, Drainage and Erosion Control, Sheet 16 of 44, dated 7-23-13 by Alliant Engineering Grading, Drainage and Erosion Control, Sheet 17 of 44, dated 7-23-13 by Alliant Engineering Grading, Drainage and Erosion Control, Sheet 18 of 44, dated 7-23-13 by Alliant Engineering Grading, Drainage and Erosion Control, Sheet 19 of 44, dated 7-23-13 by Alliant Engineering Grading Notes and Details, Sheet 20 of 44, dated 7-23-13 by Alliant Engineering Grading Profiles, Sheet 21 of 44, dated 7-23-13 by Alliant Engineering Storm Sewer Plan, Sheet 22 of 44, dated 7-23-13 by Alliant Engineering Storm Sewer Plan, Sheet 23 of 44, dated 7-23-13 by Alliant Engineering Storm Sewer Plan, Sheet 24 of 44, dated 7-23-13 by Alliant Engineering Storm Sewer Plan, Sheet 25 of 44, dated 7-23-13 by Alliant Engineering Storm Sewer Plan, Sheet 26 of 44, dated 7-23-13 by Alliant Engineering Sanitary Sewer and Watermain Plan, Sheet 27 of 44, dated 7-23-13 by Alliant Engineering Sanitary Sewer and Watermain Plan, Sheet 28 of 44, dated 7-23-13 by Alliant Engineering Sanitary Sewer and Watermain Plan, Sheet 29 of 44, dated 7-23-13 by Alliant Engineering Sanitary Sewer and Watermain Plan, Sheet 30 of 44, dated 7-23-13 by Alliant Engineering Sanitary Sewer and Watermain Plan, Sheet 31 of 44, dated 7-23-13 by Alliant Engineering Utility Schedules, Sheet 32 of 44, dated 7-23-13 by Alliant Engineering Tree Inventory and Preservation Plan, Sheet 33 of 44, dated 7-23-13 by Alliant Engineering Tree Inventory and Preservation Plan, Sheet 34 of 44, dated 7-23-13 by Alliant Engineering Tree Inventory and Preservation Plan, Sheet 35 of 44, dated 7-23-13 by Alliant Engineering Tree Inventory and Preservation Plan, Sheet 36 of 44, dated 7-23-13 by Alliant Engineering Tree Inventory and Preservation Plan, Sheet 37of 44, dated 7-23-13 by Alliant Engineering Tree Inventory and Preservation Plan, Sheet 38 of 44, dated 7-23-13 by Alliant Engineering Landscape/Tree Replacement Plan, Sheet 39 of 44, dated 7-23-13 by Alliant Engineering Landscape/Tree Replacement Plan, Sheet 40 of 44, dated 7-23-13 by Alliant Engineering Landscape/Tree Replacement Plan, Sheet 41 of 44, dated 7-23-13 by Alliant Engineering Landscape/Tree Replacement Plan, Sheet 42 of 44, dated 7-23-13 by Alliant Engineering Landscape/Tree Replacement Plan, Sheet 43 of 44, dated 7-23-13 by Alliant Engineering Landscape/Tree Replacement Plan, Sheet 44 of 44, dated 7-23-13 by Alliant Engineering EXHIBIT C DEVELOPMENT AGREEMENT - REEDER RIDGE I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1" =100' scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. 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: Roger& Jean Johnson 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, except in the minimal amount associated with standard construction practices. D. That to the best of Developer's knowledge,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. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. 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, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundaries of the conservation easements as required including on each lot property line or corner with permanent 6.5 foot tall posts set at least 2.5 feet in the ground. A sign or decal reading "Conservation Easement: No Mowing Allowed", "Conservation Easement: Vegetation Clearing Limit" or "Scenic/Conservation Easement Boundary, City of Eden Prairie",with a minimum size of 3 inch by 8 inch 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 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. EXHIBIT D DEVELOPMENT AGREEMENT - REEDER RIDGE DISCLOSURE OF INFORMATION Developer shall cause the following notice to be given,either from Developer itself or Developer's successors in interest to any portion of the Property,to all residential home purchasers of lots within the Property who intend to occupy a residence on such lot, prior to the execution of a purchase agreement or agreement to construct a residence on a lot within the Property,whichever occurs first: The Property is located near Flying Cloud Airport,a public use airport owned and operated by the Metropolitan Airports Commission. The Airport is available 24 hrs a day, year round. The Airport operates two parallel east/west runways,and a north/south crosswind runway,all of which are lighted. An FAA control tower manages air traffic near the airport from 7:00 am— 10:00 pm. The Airport accommodates aircraft operations from single and multi-engine propeller aircraft; corporate jet aircraft; helicopters; and pilot training facilities; which may affect the Property. Further information regarding the airport can be obtained from the Office of the Airside Project Manager, Telephone No.: 612-725-8371. EXHIBIT E DEVELOPMENT AGREEMENT REEDER RIDGE AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2013,between the City of Eden Prairie, a municipal corporation, (the "City")and , a Minnesota (the "Owner"). A. The Owner holds legal and equitable title to property described as ,Hennepin County,Minnesota,which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon and requires the construction of the following public improvements: (1) The City's trunk utility system, including trunk sanitary sewers,trunk watermains,wells, elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the "Trunk Improvements"). (2) Street and utility improvements adjacent to the Property(which is hereafter referred to as"Eden Prairie Road Improvements"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Trunk Improvements and the Eden Prairie Road Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property for the construction, and maintenance of the Trunk Improvements and Eden Prairie Road Improvements as follows: a). The Property will be assessed for Trunk Improvements on 57.81 acres in an amount not to exceed$409,179.18. b). The Property will be assessed for Eden Prairie Road Improvements in an amount not to exceed$1,316,252.00 in accordance with the Feasibility Study pursuant to Minnesota Statutes Chapter 429. 2. The City will prepare a Feasibility Report that shows proposed costs to be assessed against the Property and additional amounts to other lands for the Eden Prairie Road Improvements. The actual cost to be assessed against the Property for the Eden Prairie Road Improvements may differ from the amount in the Feasibility Report. Actual cost to be assessed against the Property for the Eden Prairie Road Improvements shall be determined in the same manner as reported in the Feasibility Report prepared with respect to these improvements. 3. For purposes of determining the amount of the assessments,the costs of the Eden Prairie Road Improvements shall include, in addition to actual construction costs, administrative,interest and engineering costs and fees incurred or paid by the City in relationship to construction of the Eden Prairie Road Improvements and costs incurred for acquisition of easements and or right-of- way including attorney fees. 4. The City's assessment records for the Property will show the assessments as a "pending assessment"until levied. 5. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 6. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property, so long as the assessments do not exceed$1,725,431.18. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 7. This agreement shall be effective immediately. 8. This Agreement may not be terminated or amended except in writing executed by both parties hereto,provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected,without the necessity of further City Council approval,unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 9. This Agreement constitutes a lien upon the Property in the amount of$1,725,431.18 until such time as the assessments referred to above are levied,provided that Developer expressly reserves the right to petition for the allocation of such lien,pursuant Minn. Stat§429,to residential lots within the Property after recording of the final plat for the Property. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER: By: NOT TO BE SIGNED Its: NOT TO BE SIGNED STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013, by , the of , a on behalf of the . Notary Public CITY OF EDEN PRAIRIE NOT TO BE SIGNED Nancy Tyra-Lukens, Mayor _NOT TO BE SIGNED Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the city. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT F DEVELOPMENT AGREEMENT — REEDER RIDGE CONSERVATION EASEMENT THIS EASEMENT AGREEMENT is made this day of , 2013, by and between , a , hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS,Grantor is the fee owner of land located in Hennepin County,Minnesota,more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation,and to prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit B and depicted on Exhibit C, hereinafter referred to as the "Easement Area," attached hereto; NOW,THEREFORE,in consideration of the premises contained herein,it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in,under,on, and over the Easement Area and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting,fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. B. No building,road,sign,billboard,utility,or other structure shall be placed in the Easement Area without the prior written consent of City. C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. D. No change in the general topography of the Easement Area landscape, including,but not limited,to excavation,dredging,movement, and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantor has not used,employed,deposited,stored,disposed of, placed or otherwise allowed to come in or on the Easement Area,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 Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. To the best of Grantor's knowledge no previous owner, operator or possessor of the Easement Area, deposited, stored, disposed of, placed, or otherwise allowed any Hazardous Substances in or on the Easement Area; Grantor agrees to indemnify,defend and hold harmless City,against any and all loss, costs,damage and expense,including reasonable attorney's fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to 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 %2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. 5. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 6. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties, their successors, and assigns. 7. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 8. Provisions of this Easement shall be binding upon and enforceable against the Property and the Grantor, their successors and assigns of the Property. 9. A portion of the Easement Area is also subject to State and Federal Regulations due to the existence of burial mounds. If the terms of this Easement conflict with the State or Federal Regulations, those terms that are most restrictive shall govern. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR: PULTE HOMES OF MINNESOTA LLC, a Minnesota Limited Liability Company By: NOT TO BE SIGNED Its: NOT TO BE SIGNED STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013, by , the of Pulte Homes of Minnesota LLC, a Minnesota limited liability company on behalf of the limited liability company. Notary Public CITY OF EDEN PRAIRIE NOT TO BE SIGNED Nancy Tyra-Lukens, Mayor NOT TO BE SIGNED Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the city. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A Legal Description of the Property Outlot A, Lots 5-17, Block 3, Reeder Ridge, Hennepin County, Minnesota EXHIBIT B Conservation Easement Description EXHIBIT C (Attached) Site Plan of the Property Showing the Easement Area EXHIBIT G (Attached) DEVELOPMENT AGREEMENT — REEDER RIDGE Burial Boundary Depiction OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN ROGER& JEAN JOHNSON AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT,made and entered into as of ,2013,by and between Roger& Jean Johnson, husband and wife ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to RI-13.5,and Resolution No. for Preliminary Plat,as more fully described in that certain Development Agreement entered into as of August 20,2013,by and between Roger&Jean Johnson and City("Development Agreement")pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 1 If Pulte Homes of MN, 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. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to R1-13.5, and Resolution No. for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development 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. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER: Roger Johnson Jean Johnson STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013, by Roger Johnson and Jean Johnson, husband and wife. Notary Public CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the city. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A - OWNERS SUPPLEMENT Legal Description Before Final Plat The East Half of the Southeast Quarter of the Southwest Quarter, and the West Half of the Southwest Quarter of the Southeast Quarter,all in Section 29,Township 116,Range 22,Hennepin County, Minnesota; and Together with all rights of ingress and egress to the aforesaid property over that part of Government Lot 7 in Section 32, Township 116, Range 22, Hennepin County, Minnesota, lying North of Highway 169-212, as presently established; AND That part of the East Half of the Southwest Quarter of the Southeast Quarter of Section 29, Township 116 North, Range 22 West of the Fifth Principal Meridian, described as follows: Beginning at the Southwest corner of said East Half of the Southwest Quarter of the Southeast Quarter; thence North along the West line of said East Half of the Southwest Quarter of the Southeast Quarter to a point distant 648 feet South of the Northwest corner of said East Half of the Southwest Quarter of the Southeast Quarter; thence East parallel with the North line of said East Half of the Southwest Quarter of the Southeast Quarter, a distance of 200.04 feet; thence Southeasterly deflecting to the right 68 degrees 10 minutes to the center line of Eden Heights Road; thence Southerly along said center line to the South line of said East Half of the Southwest Quarter of the Southeast Quarter; thence West along said South line to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota; AND South 400 feet of the Northwest Quarter of the Southeast Quarter of Section 29, Township 116, Range 22,Hennepin County,Minnesota,said 400 feet being measured at right angles form the South line of said Northwest Quarter of the Southeast Quarter; And excepting therefrom the following tract of land: Commencing at the Northeast corner of the said above described tract, which corner is the beginning of the tract to be described, thence Westerly 288.8 feet on the North line of said above described tract to a point therein,thence South to a point which is 200 feet South when measured at right angles to the South line of the above described tract from said North line and which point is 288.8 feet West of the East line of the above described tract,thence East and parallel with the South line of the above described tract to a point in the East line of the above described tract,thence North on said East line 200 feet more or less to the point of beginning; AND That part of the South 400 feet of the Northwest Quarter of the Southeast Quarter of Section 29, Township 116,Range 22,Hennepin County,Minnesota,said 400 feet being measured at right angles from the Southline of said Northwest Quarter of the Southeast Quarter, described as follows: Commencing at the Northeast corner of the said above described tract,which corner is the point of beginning of the tract to be described, thence Westerly 288.8 feet on the North line of said above described tract to a point therein,thence South to a point which is 200 feet South when measured at right angles to the South line of the above described tract from said North line and which point is 288.8 feet West of the East line of the above described tract,thence East and parallel with the South line of the above described tract to a point in the East line of the above described tract,thence North on said East line 200 feet more or less to the point of beginning, Hennepin County, Minnesota; AND The South 2 rods of the East 42 rods of the Northeast Quarter of the Southwest Quarter of Section 29, Township 116, Range 22, according to the US Government Survey, thereof, Except that part thereof heretofore conveyed to Roger C. Johnson and Jean M. Johnson, husband and wife, by Limited Warranty Deed dated 5-13-1986,filed 6-23-1986,as Document No.5122488;namely,that part of the North 1 rod thereof lying Easterly of the extension Southwesterly of the Westerly lot line of Lot 2,Block 2,Cedar Hills West,according to the map or plat thereof on file and of record in the Office of the Recorder in and for the County of Hennepin, State of Minnesota; AND Lot 2,3,and 4,Block 2, Cedar Hills West,according to the recorded plat thereof,Hennepin County, Minnesota; AND That part of the North one rod of the South two rods of the East 42 rods of the Northeast Quarter of the Southwest Quarter of Section 29, Township 116, Range 22, according to the US Government Survey thereof,lying Easterly of the extension Southwesterly of the Westerly lotline of Lot 2,Block 2, Cedar Hills West, according to the map or plat thereof, Hennepin County, Minnesota; AND The North 486 feet of the East Half of the Southwest Quarter of the Southeast Quarter of Section 29, Township 116, Range 22, Hennepin County, Minnesota. Legal Description After Final Plat Lots 1-30, Block 1; Lots 1-23, Block 2; Lots 1-28, Block 3; Lots 1 -23, Block 4; and Outlots A, B, C, and D; Reeder Ridge, Hennepin County, Minnesota CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 20, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.E. Randy L. Slick Final Plat Report of Helmin Addition Public Works/Engineering Requested Action Move to: Adopt the resolution approving the final plat of Helmin Addition. Synopsis This proposal is for the plat located north of the Cherokee Trail West and Old Shady Oak Road intersection. The plat consists of 2.09 acres to be platted into one single family lot and one Outlot. This is a replat of Outlot A, Shady Oak Ridge 3rd Addition. The preliminary plat was approved by the City Council on December 1, 1987. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on January 19, 1988. Approval of the final plat is subject to the following conditions: • Receipt of street lighting fee in the amount of$350.00. • Receipt of street lighting fee in the amount of$743.09. • The requirements as set forth in the Developer's Agreement. • Revision to plat shall include perimeter drainage and utility easements on Lot 1. • Revision to plat shall include an expanded 20' drainage and utility easement over the existing utilities that parallel Old Shady Oak Road. • The unused sanitary sewer and water service shall be abandoned prior to issuance of Certificate of Occupancy. • The Nine Mile Creek Watershed District wetland and wetland buffer requirements shall be met. • The wetland and wetland buffers shall be placed under a Conversation Easement and shown as drainage and utility easement on the plat. • Any stormwater management practices required by the District shall be designed and submitted to the City for review and approval. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- A RESOLUTION APPROVING FINAL PLAT OF HELMIN ADDITION WHEREAS, the plat of Helmin 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 Helmin Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated August 20, 2013. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six- month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. 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 August 20, 2013. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk • • DRAFT • HELMIN ADDITION R.T.DOC.NO. • PRESENTS:That Gerald Hen,fee owner,of the following des...property EDEN PRAIRIE, (MINNESOTA = skeet to County of Hennepin,5tate of Minnmta,be wit: _ i T "'skeet. TAb plat Of HELMIN ADDrtIONwwapproved and accepted by the ay Council of Eden Prairie,Minnesota,ate "" "' N9874'34'E 733.38 ya, i rFO smwBO OW,A.Shady Oak RWg<3rd Addition, regular meeting Hereof Feld this day Of 10_.If appllable,the written comments and recommendations Of the Commessioner ofinnzporution and the County Highway Engineer have been received by 97.08 145.70 1 1 ee Has.used the same Debe surveyed aM bttea as NELMIN ADDrTION,and dyes herebyrant totfootyof Eden the City or Me prescribed 3Dday pee.has eUpsed wMOut receipt of such comments and recommendation,as I 1 Prae the for and utility purposes as shown an tAh PDT. provWed by MinnesotaStatutes.Section 505.03,5ubdivlslon O. gg II IRA Ul In Mmesswhereof said Geratl Helen,have hereunto set Fls bands this_day of 30_ 'e R 1 it �n cry council.Eden Prairie,Minnesota tna 13 Xet ex, • By, n y: Clerk m 2,, 11 G STATE OP Cllte DUNTyegoin8nawi instrument was acknowledged before me this_ yo Eby TAXPAYERS SERVICES DEPARTMENT,Hennepin County,Menne.. LOTSB I I e ,et I Serail xeknm. I hereby certify that taxes payable in TO prior years have been paid for land described on this pbe dated this Eel m n Notary Pub •` County,Minnesta Notary Pdntea Name Mark V.Chapin,County Auditor n p I InT (r y Commission Caplan n $ 1 1e ��: M coat ereWeenihtAattbis plat was 3 4O'4'1 77.oe trloir2s.1 p`. 4 NORTH prepared by me or under my dire super...on:that lama By. .ceryn �S' i Ip' ��$ I 100 auh Ucen5 land Surveyor in the Rote of Minnesob:that this plat is a correct representation of the boundarySCALE IN FEET 8 �f '' I�' surrey,that all ieal dam and labels are correctly designated on this pet Nat all monuments depicted on ? 4:4' xOIO2.VE EI pen this btdam been or will.correct.,set within one war;that an water boundaries and wet lama,as bet..In SURVEY DNIs ,Hennepin County.Minnesota - OUTLOTA Gzn I Ica Minnesota State., on SO5.01.Subd.3,as of the data of this certifote are shown andbbeUU on this Pbtand Z i 1, 1 a public ways are shown and label.OY this pies Pursuant to Minnesota Stances Section 3838.36511S6W,this plat has been approved Mis_day of 1.4],60 bb"2TJY-I:T w M 30— M [45130/1 PER NI 0, Owen thiz_ayaf yRpla 11`v Broom,county Surveyor ,_,,,,,,_ ,,,!•;I 1 Marcus F.Hampton,UoeyedLand Surveyor, RV Vy c.r6➢ Minnesota license No.474131 4 REGISTRAR OF TITLES,Hennepin County,Mmneson tf STATE OF MINN.°. ^h.' COUNT/OF thereby certify Mat bee within plat or HELMIN ADDITION was filed in this office this aa,f �y�S 4 ' 20�at_o<.h_ , yaari6f',/0 TAe foregoing instrument was acknowledged before me this_day of ]O�by Marcus ,� F.Hampton,a licensed lane surveyor. Marro McCormick.Realm,of Titles AND DENOTES R MARKED INCHCE 14INO.IRON MONUMENT SET C v RNED By LICENSE ND.4]401. '—t,Ta\\ Y DENOTES1/11NCx IRON MONUMENT FOUND UNLESS Br ,Deputy e\ OTHERWISE SHOWN. Notary KOPF, County,Minnesota Notary Printed Name _ y mmissan Expires •a y sr» THE NORTH LINE OF OUR0T 0.1R ASSUMED TO HAVE 75.1J A HARING OF NORTH PS DEGREES 34 MINUTES 34 / 589�'49� SECONDS EAST. 1 \ • • M FRA,INC. ENGINEERING,PLANNING • AND LAND SURVEYING CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 20, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.F. Randy L. Slick Final Plat of Martin Drive Retail Public Works/Engineering Requested Action Move to: Adopt the resolution approving the final plat of Martin Drive Retail. Synopsis This proposal is for the plat located at 14711 Martin Drive. The plat consists of 3.84 acres to be platted into one lot. The proposed project includes reuse of the existing building. In addition a 17,600 square foot industrial building is proposed. This is a replat of Lots 3 and 4, Block 4, Edenvale Industrial Park. The preliminary plat was approved by the City Council on February 21, 2012. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on March 20, 2012. Approval of the final plat is subject to the following conditions: • Receipt of street lighting fee in the amount of$400.00 • Receipt of street lighting fee in the amount of$588.06 • The requirements as set forth in the Developer's Agreement Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- A RESOLUTION APPROVING FINAL PLAT OF MARTIN DRIVE RETAIL WHEREAS, the plat of Martin Drive Retail 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 Martin Drive Retail is approved upon compliance with the recommendation of the Final Plat Report on this plat dated August 20, 2013. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six- month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. 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 August 20, 2013. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk DRAFT MARTIN DRIVE RETAIL C.R.DOC.NO. KNOW HS BY THESE PRESENTS:That Mann Drive LLG a Minnesota emited MAW amany,fee owner, EDEN PRAIRIE,MINNfSOTA of the fallowing described property Situated In the County of Name.,State of Minnesota,t0 wit: Thu plat of MARTIN DRIVE RETAIL was approved and accepted by the City Council of Eden Prairie,Minnesota,at The East 1EL90 feet pf lot A,Block 4.EOEIUALE INDUSTRIAL PARK excepting STEIPSAn Parcel 68 Ss deeded regular meeting thereat held talk_daypl 20 .If appMcab4,the writteneomments and on MINNESOTA DEPARTMENT DF TRANSPORTATION RIOHTOF.WAT PUT NO.1T.PSTIS December t 1997, recommendations of ke Commikioner of Transportation and the Comb HIghw.l Engineer have been reePMEd by as TRANSPORTATION H-OF-WAY PUT NO. pr escribed 3per.ay per has elapsed without receipt of such comments and recommendations.as 27,108,flkdt s ,1 asi August 191999, Document No.6951 RW 9B;and as taken in final CeTNa[e,fie4 May 16,2002. posaded by Minnesota Sunset Section 505.03,Subdivision 2. m Document No.'1127902. AND pry Council,Eden Prairie,MInnesoa Lot 3,3.A,EDENVAIE INDUSTRIAL PARK expecting therefrom Parw169 as depicted on MINNESOTA DEPARTMENT OP TRANSPORTATION RIGHOF.WAY PUT NO.2T85,Nod December 1,1997,as Document Na. By. Meyer By. Clerk NNESOTA DEPARTMENT OF TRANSPORTATION RIGHFWAY PUT NO.21-108,filed Augurs I9` O 2998,as Document He.ETEAES8;and as taken.Final CeMfiate,TEA May 16,2002,as Document No. al MARTIN DRIVE 7727502. TAXPAYERS YRWCES DEPARTME T,Hennepin County,Minnesota leascaused the tame to be surveyed and planed as MARTIN DRNE RETAIL and does hereby grant to the On of Eden NSBVS.SYE 457.90 ` Prattle the easement:for damage and Lank purposes as Shown onthis pat I hereby Earthy that saves payab41s 2.0_and odor yeah have been paid for Land described on this plat dated thisP.MyM•v� of •- rn@',ti_ :nil- T6r.m 4-� n In witneu whereof old Mann Owe LLG a MInnnota limited eablgty company,has caused them presents to be led �_-1___4 W..by its proper officer Ph_dayof Mark V.Chapin,Cooney Auditor I Mahn Drive PG a Minnesota limited liability company. , r. ,Deputy ,o r T, 1 J SIGNED: I I e ;,,-DMM�.pE I 4 e SC: .,s SURVEY DIVISION.Nemmep.Coumy.MCDM �AM L, '`ye. % r f b \ 3 Non 3830.565(19691,NN plat has been approved Nis_day of STATE OF MIxxf50TA Punuanta Minnesota Statutes Se & L 0 T I1 V C, , DDN OF Q' Y Will.P.Brown,County Su., i'e 1 0 The iw m egalng Instrument was aclwIedged before me[Ms_day of 1o_,by \ of Marvin Dine uGa .,, SY\ Minnesota limited MEMMty company,on behalf of NE company. By: ` 4 -N.- I 2 Q t COUNTY RECORDER.Henefen County,M sou mne ��: C Noun Public, County,Minnesota Notary Printed Name I • ~ MYCommiuSC Eaplres r I hereby Gently Nat the within pot 0f MARTIN DRIVE RETAIL was recorded In Nis office this_day aC) I 4; 20_,U—.'clork_ teem cu,F.Hampton do i.e..effigy..Nis pLas end prepaad felmE w TINT direct au ae pn,.n:Li"'i 5.5 Man.Mcw wm n.Cay Recorder g dory ucensed land..ewer In the5tate of MNnesoa;Nat Pis plat Is a coned repn�entatlon Mlle tour., c - I lei survev.at all mathematical data and Labels are cone.designated on NH plat'Nat allmonuments depicted on •.Said. I BLOCK Nh plat have been.ar MOW conned see wWIn one cur:Nat allb water boundar and wet lands,a defined In Br .Deputy D, 505.01,Sd.3,as of the date of Pis ce lwte are shown this on PLaD and I e all pubic way,are Mown and hbe4d on Nls PEaC ii Dated Nls day .20_ 6 I Manus F.Hamprol.Ucemed and Lrvmr, DENOTES 1/2 INCH 10.0N MONUMENT FOUND AND Is. Minnesota Ucense No.47481 MARKED 0Y IIEGISDUTON NO.a5TT3. vat •v THE UST LINE OF LOT 3,IS ASSUMED TO NAVE A _,_,_.-- - Jad " STATE OF MINNESOTA BEARINGOFNORTN 00 DEGREES 51MINUTE500 SECONDS WEST. I - .r COUNTY OF „-__ b------- The fwewn rp` ___ __ _•-�_____�__-A—_NtSiB16eE :.'.....t.i..: foregoing was More me zo_,byManL: '- 6� EXCEPTION F./Sampan,a ucemed Land Son., r a l— ` N87 O5.4.N....':.`_ 478 __.---—_ —— "— ——._._—— I No tary County,Minnesota Notary Printed Hame —_I�xCE_b --�1�_- MyCDmmiMion Eapre, ' rlot ..............•• swot MP.NO.S mrtd-uY PER OCC N5 6515717,6652190 N 77ITN2 NORTH SCALE IN FEET MFRA,INC. ENGINEERING,PLANNING AND LAND SURVEYING SHEET 1 OF 2 SHEETS CITY COUNCIL AGENDA DATE: August 20, 2013 SECTION: Consent Calendar SERVICE AREA: ITEM DESCRIPTION: I.C. 11-5802 ITEM NO.: VIII.G. Jim Richardson Award Contract to O'Malley Construction, Inc. for the Mitchell Road/Baker Road Sidewalk Public Works/Engineering Requested Action Move to: Award Contract for Mitchell Road/Baker Road Sidewalk to O'Malley Construction, Inc. in the amount of$207,907.81. Synopsis Bids were received on Thursday, August 1, 2013 for the Mitchell Road/Baker Road sidewalk project. Five bids were received and are tabulated as follows: O'Malley Construction $207,907.81 Minnesota Dirt Works $220,539.00 New Look Contracting $220,602.35 G.L. Contracting $243,614.56 Urban Companies, LLC $276,363.00 Background Information The proposed sidewalk project parallels Mitchell Road/Baker Road from Martin Drive north to approximately Roberts Drive. This segment will connect 2 portions of the sidewalk plan. Hennepin County is funding $48,750.00 in funds and designing the traffic control signal at Martin Drive and Mitchell Road. Hennepin County will also inspect said signal work. The balance of the costs will come from the Transportation Fund. Attachments • Bid Tabulation • Letter from HTPO Bid Tabulation 8-1-13 County State Aid Highway 60 (Mitchell Rd. & Baker Rd.) Sidewalk I.C. 11-5802 Engineer's Estimate O'Malley Construction,Inc. Minnesota Dirt Works,Inc. New Look Contracting,Inc. G.L.Contracting,Inc. Urban Companies,LLC ITEM UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL TOTAL No. ITEM QTY UNIT PRICE PRICE PRICE PRICE PRICE PRICE 2021.501 Mobilization 1 Lump Sum $8,000.00 $8,000.00 $11,000.001 $11,000.00 $14,521.45 $14,521.45 $17,500.00 $17,500.00 $7,218.00 $7,218.00 $15,000.00 $15,000.00 2101.501 Clearing 0.1 Acre $7,000.00 $700.00 $8,800.00 $880.00 $15,725.60 $1,572.56 $28,500.00 $2,850.00 $5,625.00 $562.50 $25,000.00 $2,500.00 2102.501 Pavement Marking Removal 270 Sq.Ft. $7.00 $1,890.00 $3.30 $891.00 $3.00 $810.00 $2.85 $769.50 $3.40 $918.00 $7.50 $2,025.00 2104.501 Remove Curb and Gutter 265 Lin.Ft. $8.00 $2,120.00 $8.80 $2,332.00 $3.99 $1,057.35 $5.85 $1,550.25 $7.60 $2,014.00 $10.00 $2,650.00 2104.505 Remove Pavement(includes sawing) 610 Sq.Ft. $1.50 $915.00 $6.60 $4,026.00 $0.99 $603.90 $5.00 $3,050.00 $3.40 $2,074.00 $8.00 $4,880.00 2104.523 Remove Fence 280 Lin.Ft. $3.00 $840.00 $5.12 $1,433.60 $4.00 $1,120.00 $4.50 $1,260.00 $5.60 $1,568.00 $5.00 $1,400.00 2104.523 Relocate Sign 10 Each $100.00 $1,000.00 $137.50 $1,375.00 $150.00 $1,500.00 $170.00 $1,700.00 $140.60 $1,406.00 $200.00 $2,000.00 2104.607 Salvage Topsoil 250 Cu.Yd. $10.00 $2,500.00 $13.20 $3,300.00 $8.21 $2,052.50 $10.00 $2,500.00 $28.10 $7,025.00 $15.00 $3,750.00 2105.501 Common Excavation(P) 1100 Cu.Yd. $20.00 $22,000.00 $16.50 $18,150.00 $23.82 $26,202.00 $13.50 $14,850.00 $20.80 $22,880.00 $18.00 $19,800.00 2105.522 Select Granular Borrow(LV) 460 Cu.Yd. $18.00 $8,280.00 $18.70 $8,602.00 $34.90 $16,054.00 $23.95 $11,017.00 $42.70 $19,642.00 $19.00 $8,740.00 2105.604 Geotextile Fabric Type II 390 Sq.Yd. $4.00 $1,560.00 $1.65 $643.50 $1.68 $655.20 $3.00 $1,170.00 $6.10 $2,379.00 $3.00 $1,170.00 2211.607 Washed Aggregate,ASTM C33#57 90 Cu.Yd. $30.00 $2,700.00 $60.50 $5,445.00 $65.90 $5,931.00 $50.00 $4,500.00 $73.70 $6,633.00 $50.00 $4,500.00 2105.525 Topsoil Borrow(LV) 260 Cu.Yd. $25.00 $6,500.00 $17.33 $4,505.80 $30.58 $7,950.80 $0.01 $2.60 $31.80 $8,268.00 $18.00 $4,680.00 2360.501 Bituminous Patching 850 Sq.Ft. $4.00 $3,400.00 $4.62 $3,927.00 $3.75 $3,187.50 $7.50 $6,375.00 $6.90 $5,865.00 $6.00 $5,100.00 2504.601 Repair Irrigation System 2 Each $1,000.00 $2,000.00 $990.00 $1,980.00 $2,500.00 $5,000.00 $565.00 $1,130.00 $562.50 $1,125.00 $2,000.00 $4,000.00 2506.602 Adjust Frame and Ring Casting 5 Each $500.00 $2,500.00 $149.42 $747.10 $332.94 $1,664.70 $350.00 $1,750.00 $450.00 $2,250.00 $500.00 $2,500.00 2521.501 5"Concrete Walk 17120 Sq.Ft. $5.00 $85,600.00 $3.42 $58,550.40 $2.85 $48,792.00 $3.25 $55,640.00 $3.40 $58,208.00 $4.15 $71,048.00 2521.501 5"Pervious Concrete Walk 2500 Sq.Ft. $7.00 $17,500.00 $7.11 $17,775.00 $5.00 $12,500.00 $5.65 $14,125.00 $5.60 $14,000.00 $8.50 $21,250.00 2531.501 Concrete Curb and Gutter-B624 200 Lin.Ft. $20.00 $4,000.00 $21.76 $4,352.00 $40.00 $8,000.00 $45.00 $9,000.00 $45.00 $9,000.00 $33.00 $6,600.00 2531.618 Truncated Domes 175 Sq.Ft. $40.00 $7,000.00 $33.25 $5,818.75 $34.00 $5,950.00 $38.50 $6,737.50 $38.30 $6,702.50 $50.00 $8,750.00 2540.602 6'Steel Bench 4 Each $1,000.00 $4,000.00 $687.50 $2,750.00 $1,142.46 $4,569.84 $850.00 $3,400.00 $1,125.00 $4,500.00 $2,000.00 $8,000.00 2557.603 5'Fence 280 Lin.Ft. $30.00 $8,400.00 $17.33 $4,852.40 $16.00 $4,480.00 $22.05 $6,174.00 $17.70 $4,956.00 $20.00 $5,600.00 2563.601 Temporary Traffic Control 1 Lump Sum $6,000.00 $6,000.00 $6,820.00 $6,820.00 $3,850.00 $3,850.00 $4,000.00 $4,000.00 $6,975.00 $6,975.00 $6,500.00 $6,500.00 2565.616 Revise Signal System 1 System $6,740.00 $6,740.00 $9,350.00 $9,350.00 $14,950.00 $14,950.00 $11,850.00 $11,850.00 $10,125.00 $10,125.00 $14,000.00 $14,000.00 2571.602 Tree Pruning 6 Each $220.00 $1,320.00 $275.00 $1,650.00 $262.09 $1,572.54 $150.00 $900.00 $281.30 $1,687.80 $500.00 $3,000.00 2573.502 Silt Fence,Type Heavy Duty 2900 Lin.Ft. $1.75 $5,075.00 $1.82 $5,278.00 $1.65 $4,785.00 $2.00 $5,800.00 $1.70 $4,930.00 $3.50 $10,150.00 2573.502 Bioroll 320 Lin.Ft. $4.00 $1,280.00 $3.58 $1,145.60 $3.25 $1,040.00 $4.50 $1,440.00 $3.10 $992.00 $3.00 $960.00 2573.53 Storm Drain Inlet Protection 18 Each $150.00 $2,700.00 $82.50 $1,485.00 $196.17 $3,531.06 $175.00 $3,150.00 $281.30 $5,063.40 $325.00 $5,850.00 2575.501 Seeding 1.6 Acre $2,000.00 $3,200.00 $880.00 $1,408.00 $500.00 $800.00 $565.00 $904.00 $2,728.10 $4,364.96 $4,000.00 $6,400.00 2575.505 Sodding Type Lawn 250 Sq.Yd. $6.00 $1,500.00 $5.50 $1,375.00 $5.00 $1,250.00 $5.65 $1,412.50 $12.30 $3,075.00 $5.00 $1,250.00 2575.523 Erosion Control Blankets Category 3 7750 Sq.Yd. $1.20 $9,300.00 $1.08 $8,370.00 $0.98 $7,595.00 $2.00 $15,500.00 $1.20 $9,300.00 $1.40 $10,850.00 2582.601 Crosswalk Pavement Markings 1146 Sq.Ft. $3.50 $4,011.00 $6.711 $7,689.66 $6.10 $6,990.60 $7.50 $8,595.00 $6.90 $7,907.40 $10.00 $11,460.00 Total Bid $234,531.00 $207,907.81 $220,539.00 $220,602.35 $243,614.56 $276,363.00 HTPO 13-006 8/16/2013 Zl-1 p 1 I Engineering Surveying Landscape Architecture 1 � J August 12,2013 Mr.Jim Richardson City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Construction Bids for Mitchell Road/Baker Road Sidewalk I.C. 11-5802 Dear Mr. Richardson, Bids were received and opened at 10:00 a.m. on Thursday August 1,2013, for the above referenced project. The bids are shown on the attached Summary of Bids. The Engineer's Estimate for this project was $234,531.00. The low bidder, O'Malley Construction, Inc., came in 11% below the Engineer's Estimate with a bid of$207,907.81. Recommendation is made that the City Council awards Project No. 11- 5802 to O'Malley Construction, Inc. in the amount of $207,907.81. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Respectfully, Hansen Thorp Pellinen Olson, Inc. C::::>414,443; . „5:717/2 Laurie Johnson,P.E. 7510 Market Place Drive Enclosures Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax www.htpo.com HANSEN THORP PELLINEN OLSON, INC. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 20, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 13-05 ITEM NO.: VIII.H. Denise Christensen Receive 100% Petition for the Vacation of Public Works/Engineering Cavallo Ridge and order the Public Hearing Requested Action Move to: Adopt the resolution receiving a 100%petition from the Bellerieve property owners for the vacation of public right-of-way over Cavallo Ridge as platted in Bellerieve and ordering the public hearing. Synopsis The Bellerieve subdivision was platted with a public street named Cavallo Ridge to serve future homeowners. The developer now desires to have Cavallo Ridge be a private roadway. A 100% petition was received from all the owners in the Bellerieve subdivision to request a vacation of the public right-of-way for Cavallo Ridge. In order to vacate the public right-of-way the Council must hold a public hearing to consider the vacation. The petitioner will need to provide easements to the lot owners and enter into an agreement with the City and the lot owners relating to maintenance and use of the private road. If, after the public hearing, the city finds that the vacation is in the interests of the public, that the right-of-way is not needed by the public, and that the lot owners will not become landlocked through the vacation, the City may grant the vacation. The city will retain a utility easement over the right-of-way. The attached Resolution accepts the petition and orders the public hearing. Attachments • 100%Petition from Bellerieve property owners • Resolution PETITION TO VACATE The undersigned,being all of the OWiltZE of Iola in 'eve,a subdivision in Eden Prnin—e, hfunsesobs hereby consent to and petition for the vacation of Ridge a$shown on limpid for Bellerieve,a copy ofwhi&is sliacbarl. We roped the vaindion because we desire to create a private roadway. The cuarrent public sInset is a cal de sac serving a limited number of homeowners. The subdivision is already governed by a eowner's association that will maintain the private road and allow the homeownes to have additional t with other neighborhoods in the City. Belieri Development,In . Mi , .`': xcie tt Bellerieve Development, Inc. (Owner, Lots 1,2,3,5,7,8,9,10 '. Michael J. er Lot 4 Ay" Jeffrey D.Cowan. er Lot 6 • /If ciE" Amy R.Greaser,Owner Lot 4 Cheryl A. Owner Lot 6 CONSENT TO VACATION APPLICATION The undersigned, being all of the individual owners of lots in Bellerieve, a subdivision in Eden Prairie, Minnesota hereby consent to and join in the Public Right of Way Vacation Application filed by Bellerieve Development, Inc for the vacation of Cavallo Ridge. Michael J.Gresser Owner Lot 4, Bellerieve of Eden Prairie any. ,e,:i.,:a...z.... . cc:Jr , Amy R.Gresser Owner Lot 4, Bellerieve of Eden Prairie : Subscribed and sworn before me this day of44114.1t L AA 20 13 Notary Public: `'�� SAR AMA t ' 1/604_,_ ""' KAt1E LANDWENR rX4 ' �� Nofory Peelle I t3 .:�.. '`� My Commission Expires: �" � C Y �J SfOte of Minnesota 7'• My Commission Expires January 31, 201 8 CONSENT TO VACATION APPLICATION The undersigned, being all of the individual owners of lots in Bellerieve, a subdivision in Eden Prairie, Minnesota hereby consent to and join in the Public Right of Way Vacation Application filed by Bellerieve Development, Inc for the vacation of Cavallo Ridge. •rey D.Cowan owner Lot 6, Bellerieve of Eden Prairie • Cheryl A.Cow Owner Lot 6, Bellerieve of Eden Prairie Subscribed and sworn before me this 84k day of -\ut{,t.,l{ 20 13 Notary Public: ;,,,& i a My Commission Expires: Jr .o.r • o,rxca',p SANDRA J.GRAVES � Notary Public State of Minnesota ` , ►, My Commission Expires ,,. January 31, 2015 r 4 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- RESOLUTION RECEIVING 100% PETITION AND ORDERING THE PUBLIC HEARING ON THE VACATION OF PUBLIC RIGHT-OF-WAY NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting the platted right-of-way of Cavallo Ridge in the Bellerieve subdivision have petitioned the City Council to vacate said right-of-way. 2. A hearing shall be held on the 17th day of September, 2013 at the Eden Prairie City Center, 8080 Mitchell Road, at 7:00 p.m.,to hear all persons interested in the vacation. 3. The City Clerk is hereby directed to cause a notice of the hearing on the proposed public right-of-way vacation to be published once in the official newspaper at least two weeks prior to the hearing. The Clerk shall also cause mailed notice to be given to all owner of the record of each parcel affected by the vacation not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on August 20, 2013. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 20, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Community Development Set a Public Hearing date of October 1, 2013, Janet Jeremiah, Director for Housing Improvement Area for Fairway Molly Koivumaki, Housing and Woods II Condominium Association Human Services Manager Requested Action Move to: Set a date of October 1, 2013, for a Public Hearing on the implementation of a Housing Improvement Area(HIA) for the Fairway Woods II Condominium Association. Synopsis A petition signed by 100% of the owners at Fairway Woods II Condominiums to establish a Housing Improvement Area is attached to this document for review by the Council. This is the first action necessary in creating an HIA. Owners will be notified by mail at least 10 days prior to the hearing, and a legal notice will be published at least seven days prior to the hearing. The hearing notice will include the time and place of the hearing, a map showing the boundaries of the proposed area, fees/funds/terms of funding, a list of improvements, a list of exemptions and that all contracts must comply with MN Statute 471.345. Background Fairway Woods II Condominium Association needs to make several necessary improvements to their property. These improvements are needed to maintain the structure of the building including full roof replacement, siding replacement on the front of the building, asphalt repairs, entry door replacement, new gutter system, soffit and fascia replacement and garage door painting. The Association is professionally managed by Priority One Management, Inc. The property manager along with the Association's Board of Directors has sought out financial solutions to enable repairs to be made and have turned to HIA funding as a last resort. Information on HIAs Public Financing Tool provided by MN Statute 429A.11 —429A.21 • Allows the City to provide a loan to private property owners within a designated area—for townhome & condominium associations. The loan includes the cost of common area improvements,predetermined interest and city costs to administer the loan. • It funds common area improvements that cannot otherwise be economically financed through association fund balance, commercial loans or individual private owner loans. • The loan is repaid to the City through an assessment spread over 10, 15 or maximum 20 yrs. Strategic Plan The HIA strategy was identified in the Strategic Plan for Housing and Economic Development, 2012- 2018 which was presented to Council at the October 2, 2012 workshop. Attachments Petition by homeowners Map of project area Page 54 of Strategic Plan for Housing and Economic Development 2012-2018 PETITION TO THE CITY OF EDEN PRAIRIE TO ESTABLISH A HOUSING IMPROVEMENT AREA PURSUANT TO MINN. STAT. §428a.13, ET SEQ. The undersigned owners of housing units,as herein specified, file this petition, pursuant to Minn. Stat. §428A.12, to request a public hearing to propose the adoption of an ordinance establishing a housing improvement area under Minn. Stat. §428A.13,and further petition to request a public hearing on any proposed or imposed fee with respect to such area.pursuant to Minn. Stat. §428A.14. Said petition will allow the governing body City of Eden Prairie to adopt such an ordinance, and impose such a fee,only if owners of 50 percent or more of the housing units in the proposed housing improvement area sign this petition. (File this petition with the City Clerk). The EXACT street addresses, within the corporate limits of the City of Eden Prairie. proposed to be included in the housing improvement area, are as follows(if owned by more than one person,each should fill in a line. If owned by a corporation or partnership. list the name of the entity and the name,title.and signature of the officer authorized to transfer property to the entity): Printed Name of Owner Exact Ownership Address Telephone Number Owner's Signature . 1 LON CZ. o {- ' &G. r0ol F Qs• 9 Sa_906- 6,6(3 41 ! ocHF�I.�E ":• '`fti=FPS I'-f5Zi t—Pkt+��OA'f [ot2 791 2- 81v tik— '' LicA,A 1 /e/i776 I)ILL(74.1 IN.iA7 Plie1449Y 2 VC _64,1-_309-/ as 1 ((e.;, i..,), i 4 0 3 �`----� 6'e 7 • ? ?'-4742)c (-'6.'h. .- I ,4----) ,51- W _ r_, _ ' 4)5 - (5?- 5 .- -• max/ LISP [4 y/TIC/ _ .1, �1! )- , r .a + .. 7nGa 14133i .e tr i LiC� / 1 •rat 24,aa, .I1 2 /. Ir d .] / p 6 -2 — Alf, f a. eud i 6,4-4 , v v� 14,0 i 174 s e►`�► P."" 1 2 75b 2-1 1432/ rl .�.S7a 2799 ,l�L� :71t „ser,,nnard 91'72 ronKki pte 6+Z-Act' -w5$2., NCOALIC 14.v'0 Fail'01 b riV ty 1 4.2 1-c11,10 _ lb �I '1* ► reeri t °l i k _ ,`'1 3a3 i'`t�ec,u�•� jp I CO,-V�'g-" � 1 61C&I I ,106 r � laa 2 ��\ t , 20 I S r • y • Y i $. �T g a! z U 1 f , "1>P.. ,.„-iir 4-- • .01.11111.1 f t 7-.^s _ • A G' • si.f s a. . �, J^ ,�; . .- is • , . • • }}:ii� i� t" Fairway Dr - • ` . ;-lir .4'4' - `.- . • • y. �' 'ti . .. / .. sue •'r' try•' .�r •'+ - .y'- l •• •• •}• �:...r ram/ -..•S. • *411*.. l.1.•' ., • ?f ;r .F. • tif f -. - - • .!°•-• Ed .. ._ ....�`. .k` :: �5 • • . .:bra '�' . Of / ' ''. ' . ,,,f ..ate. ,,..c.r' • • w -4"r ti �zdr,:Ski ; ' •. •-.. FAIRWAY WOODS II N Strategic Plan for Housing and Economic Development I 2012 - 2018 54IPage CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 20, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Paul Sticha, Administration, 2013 Art Center Remodel Facilities Requested Action Move to: Award the contract for 2013 Art Center Remodel to Diversified Construction in the amount of$34,433. Synopsis Base Bid Diversified Construction $34,433.00 R. J. Marco Construction $38,723.00 Integrity Remodeling and Design $43,652.91 Total Budgeted $40,000.00 Plans and specifications were prepared by Wilkus Architects. Wilkus and City staff facilitated a pre-bid meeting with the three bidders, all of whom have done work for the City previously. The work includes opening up the entry by removing part of the entry hallway and building a reception desk, to provide a more welcoming and efficient entry. CITY COUNCIL AGENDA DATE: Consent Agenda August 20, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Janet Jeremiah, Director/ Amended and Restated Subordination Community Development Agreement Edenvale Apartments Project Requested Action Move to: Approve and authorize execution of that certain Amended and Restated Subordination Agreement for the Edenvale Apartments located in Eden Prairie, Minnesota("Project") and such other documents as are necessary in connection therewith to evidence the City's approval. Synopsis The Edenvale Apartments are located in Eden Prairie. In 1997 the City issued Multifamily Housing Revenue Refunding Bonds in the amount of$4,790,000 and Taxable Multifamily Housing Revenue Bonds in the amount of$1,670,000. At the time of the City financing the City, the Trustee and Edenvale Company, LLP entered into a regulatory agreement (Bond Regulatory Agreement) which provided for, among other matters, certain occupancy, rental and transfer restrictions. In 2009 the Bonds were redeemed in full with the proceeds of a$9,500,000 loan evidenced by a Mortgage Note payable to Oak Grove Commercial Mortgage, LLC. Currently the Mortgage Note is being refinanced with a new Mortgage Note payable to Oak Gove Commercial Mortgage and secured by a new Mortgage. The Bond Regulatory Agreement must remain in place until December 31, 2015. A condition of the new Mortgage is that the City approve an Amended and Restated Subordination Agreement providing that the Bond Regulatory Agreement is subordinate to the Mortgage. Attachment Amended and Restated Subordination Agreement AMENDED AND RESTATED SUBORDINATION OF REGULATORY AGREEMENT THIS AMENDED AND RESTATED SUBORDINATION AGREEMENT, dated as of August 1, 2013, is entered into to subordinate the rights of the CITY OF EDEN PRAIRIE, MINNESOTA (the "City"), a municipal corporation organized and existing pursuant to the Constitution and laws of the State of Minnesota, and EDENVALE COMPANY, LLP, a Minnesota limited liability partnership (the "Borrower"), under that certain Regulatory Agreement dated as of November 1, 1997, recorded November 26, 1997, as Document No. 6815249 in the Office of the Hennepin County Recorder and recorded December 3, 1997, as Document No. 2866838 in the office of the Hennepin County Registrar of Titles (the "Bond Regulatory Agreement") executed in connection with the issuance by the City of its $4,790,000 City of Eden Prairie, Minnesota, Multifamily Housing Revenue Refunding Bonds (GNMA Collateralized Mortgage Loan/Edenvale Apartments Project), Series 1997A, and its $1,670,000 City of Eden Prairie, Minnesota, Taxable Multifamily Housing Revenue Refunding Bonds (GNMA Collateralized Mortgage Loan/Edenvale Apartments Project), Series 1997B (collectively,the"Bonds"). RECITALS WHEREAS, the Bond Regulatory Agreement, which must remain in place until December 31, 2015, was subordinated by its own terms to the rights of the United States Department of Housing and Urban Development or its successors or assigns ("HUD"), which provided credit enhancement for the Bonds. The Bonds were previously redeemed in full with the proceeds of a $9,500,000 loan (the "Original Mortgage Loan") evidenced by a Mortgage Note (the "Original Mortgage Note") payable to Oak Grove Commercial Mortgage, LLC ("Oak Grove"), and secured by, inter alia, a Mortgage (the "Original Mortgage") naming Oak Grove as the mortgagee and encumbering the real property and improvements described on Exhibit "A" attached hereto (the "Project"). Repayment of the Original Mortgage Note is insured by HUD. WHEREAS, as a condition to making the Original Mortgage Loan, HUD required that the City subordinate its interest in the Bond Regulatory Agreement to the Original Mortgage and certain other documents evidencing and/or securing the Original Mortgage Loan, which subordination was evidenced by Subordination of Regulatory Agreement dated as of December 1, 2009 from the City and U.S. Bank, National Association a national banking association (the "Trustee"), filed in the office of the Hennepin County Recorder as Document No. A9447958 and in the office of the Hennepin County Registrar of Titles as Document No. T4707567 ("the Original Subordination Agreement"). Pursuant to the Original Subordination Agreement, the City and Trustee agreed that the Trustee ceased to have any further obligations under the Bond Regulatory Agreement and that any further submissions to be made with respect to the Bond Regulatory Agreement are to be made only to the City and not to the Trustee. WHEREAS, the Original Mortgage Loan is being refmanced by a Mortgage Loan from Oak Grove to Borrower in the amount of $9,500,000.00 (the "Mortgage Loan"). In connection with the Mortgage Loan, the Borrower has executed an Amended and Restated Regulatory Agreement and Amended and Restated Mortgage with HUD. As a condition to making the Mortgage Loan, HUD has required that the City subordinate its interest in the Bond Regulatory Agreement to the Mortgage Loan,as further provided below. NOW, THEREFORE, in consideration of the forgoing, the City and the Borrower each hereby agrees that, other than with respect to the provisions relating to the release of Trustee from obligations under the Bond Regulatory Agreement, which shall not be affected by this Agreement, the Original Subordination Agreement is hereby amended and restated as follows: (a) In the event of any conflict between any provisions contained elsewhere in the Bond Regulatory Agreement and any provision contained in this Agreement, the provisions contained in Agreement shall govern and be controlling in all respects. (b) The following terms shall have the following definitions: "HUD"means the United States Department of Housing and Urban Development. "HUD Regulatory Agreement" means the Amended and Restated Regulatory Agreement between the Borrower and HUD with respect to the Project, as the same may be supplemented, amended or modified from time to time. "Lender" means Oak Grove Commercial Mortgage, LLC, a Delaware limited liability company, its successors and assigns. "Mortgage Loan" means the mortgage loan made by Lender to the Borrower pursuant to the Mortgage Loan Documents with respect to the Project. "Mortgage Loan Documents" means the Security Instrument, the HUD Regulatory Agreement and all other documents required by HUD or Lender in connection with the Mortgage Loan. "National Housing Act"means the National Housing Act of 1934, as amended. "Program Obligations"has the meaning set forth in the Security Instrument. "Security Instrument"means the mortgage or deed of trust from the Borrower in favor of Lender, as the same may be supplemented, amended or modified. 2 "Surplus Cash"has the meaning specified in the HUD Regulatory Agreement. "Residual Receipts"has the meaning specified in the HUD Regulatory Agreement. (c) Notwithstanding anything in the Bond Regulatory Agreement to the contrary, except the requirements in 26 U.S.C. 42(h)(6)(E)(ii), the provisions of the Bond Regulatory Agreement are expressly subordinate to (i) the Security Instrument, (ii) the HUD Regulatory Agreement and (iii) Program Obligations. In the event of any conflict between the provisions of the Bond Regulatory Agreement and the provisions of the Security Instrument, HUD Regulatory Agreement, or Program Obligations, the provisions of the Mortgage Loan Documents and Program Obligations shall control and supersede the enforcement of the Bond Regulatory Agreement. (d) In the event of foreclosure of the Mortgage Loan, the Bond Regulatory Agreement (including without limitation, any and all land use covenants and/or restrictions contained herein) shall automatically terminate, with the exception of the requirements of 26 U.S.C. 42(h)(6)(E)(ii) above, or as otherwise approved by HUD. (e) Except for any City reporting requirements, the Borrower and the City acknowledge that the Borrower's failure to comply with the covenants provided in the Bond Regulatory Agreement does not and shall not serve as a basis for default under the terms of the Security Instrument, the HUD Regulatory Agreement, or any other document relating to the Mortgage Loan to the Borrower for the Project, provided that, nothing herein limits the City's ability to enforce the terms of the Bond Regulatory Agreement to the extent not in conflict with the Mortgage Loan Documents or Program Obligations. (f) In enforcing the Bond Regulatory Agreement the City will not file any claim against the Project or any reserve or deposit required by HUD in connection with the Security Instrument or HUD Regulatory Agreement, or the rents or other income from the property other than a claim against: i. Available surplus cash, if the Borrower is a for-profit entity; ii. Available distributions and residual receipts authorized for release by HUD, if the Borrower is a limited distribution entity; or iii. Available residual receipts authorized by HUD, if the Borrower is a nonprofit entity. (g) For so long as the Mortgage Loan is outstanding, the Borrower and City shall not further amend the Bond Regulatory Agreement without HUD's prior written consent. (h) Subject to the HUD Regulatory Agreement, the City does hereby require the Borrower and the Borrower agrees to indemnify and hold the City harmless from all loss, cost, damage and expense arising from any claim or proceeding instituted against City relating to the subordination and covenants set forth in the Bond Regulatory Agreement, provided, however, 3 that the Borrower's obligation to indemnify and hold the City harmless shall be limited to available surplus cash and/or residual receipts of the Borrower. (i) The Borrower and the City further agree that if at any time any covenant or restriction of this Amendment shall be determined by the Internal Revenue Service to be an event invalidating or terminating the award of low-income housing tax credits awarded to the Project, then in such event such covenant or restriction provided herein shall immediately and automatically terminate. (Signature Pages attached as Pages 5, 6 and 7) DRAFTED BY: Oppenheimer Wolff&Donnelly LLP (KCR) Campbell Mithun Tower 22 South Ninth Street, Suite 2000 Minneapolis, MN 55402-3338 4 IN WITNESS WHEREOF, the City and the Borrower have caused this Amended and Restated Subordination Agreement to be signed by their respective duly authorized representatives, as of the day and year first written above. CITY OF EDEN PRAIRIE,MINNESOTA By: Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of August, 2013, by Nancy Tyra-Lukens, Mayor of the City of Eden Prairie, Minnesota, a municipal corporation organized and existing pursuant to the Constitution and laws of the State of Minnesota, on behalf of said municipal corporation. Notary Public City Signature Page to Amended and Restated Subordination Agreement 5 CITY OF EDEN PRAIRIE,MINNESOTA By: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of August, 2013, by Rick Getchow, City Manager of the City of Eden Prairie, Minnesota, a municipal corporation organized and existing pursuant to the Constitution and laws of the State of Minnesota, on behalf of said municipal corporation. Notary Public City Signature Page to Amended and Restated Subordination Agreement 6 EDENVALE COMPANY, LLP, a Minnesota limited liability partnership By: Sidney Bader, as Trustee of the Sidney Bader Revocable Trust Its: General Partner STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of August, 2013, by Sidney Bader, as Trustee of the Sidney Bader Revocable Trust, which is a general partner of EDENVALE COMPANY, LLP, a Minnesota limited liability partnership, on behalf of the limited liability partnership. Notary Public Borrower Signature Page to Amended and Restated Subordination Agreement 7 EXHIBIT A LEGAL DESCRIPTION The real property located in City of Eden Prairie, County of Hennepin, State of Minnesota, and legally described as: Lot 1, Block 1, Edenvale Apartments, Hennepin County, Minnesota. Abstract and Torrens Property. Torrens Certificate No. 862619 (as to that part of said Lot 1, Block 1, embraced within the Northeast Quarter of the Southwest Quarter of Section 10, Township 116, Range 22) 2989565 v.2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 20, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. Paul Sticha, Administration Food Service Contractor in The Garden Department, Facilities Division Room Restaurant Requested Action Move to: Award the contract for food service, catering and related services in The Garden Room to Epicurean Artists Todd and Tom, LLC (DBA The Bridgewood Café & Catering) effective January 1, 2014. Background Information The City and Sky Food Catering have mutually agreed to end their contractual relationship in The Garden Room restaurant effective December 31, 2013. Facilities staff contacted several food service vendors with business models similar to the one used in the Garden Room, gave these vendors tours of the kitchen, dining room and areas associated with the Garden Room and requested proposals from these vendors. Facilities staff also toured some of their facilities. A group of City staff from various departments participated in presentations, an"interview"process with these vendors and reference checks. The group recommended The Bridgewood as the vendor with the most similar business model to ours, the best references and the best fit for the Garden Room. The Bridgewood manages a restaurant in an office building, hosts wedding receptions there and caters outside of the restaurant, all similar to the business model in The Garden Room. www.thebridgewood.com Attachments Agreement FOOD SERVICE AGREEMENT THIS AGREEMENT is made as of this day of , 2013, by and between , a Minnesota corporation with its principal office located at ("Contractor"), and City of Eden Prairie, with its principal office located at 8080 Mitchell Road, Eden Prairie, Minnesota 55433 ("City"). RECITALS: A. City is the owner of a building known as the City Center ("Building") and land located at 8080 Mitchell Road, Eden Prairie, Minnesota. The Building contains a Cafeteria identified on Exhibit 1 attached hereto, consisting of Kitchen Area, Food Service Area, Private Dining Room, Training Room, Garden Room and Patio ("Cafeteria"). B. The Cafeteria contains the equipment and fixtures owned by City set forth in Exhibit 2 attached hereto ("City Food Service Equipment"). C. City desires to engage Contractor to operate the Cafeteria in order to provide catering services for City functions and activities, tenant functions and activities, breakfast and lunch on weekdays and City Center Customer rentals. D. Contractor desires to operate the Cafeteria in order to provide the catering and related services. WITNES SETH: In consideration of the mutual promises of each to the other, City hereby authorizes Contractor, and Contractor hereby agrees, to provide Catering and related services at the Building upon the following terms and conditions: 1. Effective Date and Term of Agreement. This Agreement shall become effective as of ("Effective Date"), and shall continue through except that this Agreement may be terminated as provided herein. The Agreement automatically renews for continuous one year terms, with no action from either party required. 2. Services to be Provided by and Obligations of Contractor. Contractor shall provide the following services and perform, and conform to, the following obligations: a. Operate the Cafeteria to provide breakfast from 8:00 a.m. to 10:00 a.m. and lunch from 11:00 a.m. to 1:00 p.m. on weekdays excluding holidays, provide vending services in approximately six City owned buildings and to provide catering services for City functions and activities, tenant functions and activities and City Center customer rentals (collectively the breakfast, lunch, vending, and catering are"Catering and Related Services") b. Prices for Catering and Related Services shall be competitive with prices offered by other area restaurants and caterers providing similar food and facilities. c. Operate, keep and maintain the Kitchen Area and Food Service Area, together with all equipment, furniture and fixtures therein in a first class, clean and sanitary manner, and in compliance with all Federal, State and. City laws, rules and regulations relating to sanitation, health, preparation and serving of food and food products, and its employees including, but not limited to, the Occupational Safety and Health Act of 1970, as amended, wages, hours of employment and withholding of taxes. d. Clean and maintain the Garden Room, Private Dining Room, and Training Room. In addition, clean and maintain the common areas of the Building, including the Garden Room entry, restrooms near the Garden Room atrium and the atrium elevator, patio and grounds, after use by individuals and groups who use the Garden Room, Private Dining Room or Training Room. See Exhibit 3 for a summary of cleaning responsibilities. It is suggested that the contractor hire the building janitorial service for these responsibilities. e. Abide by all rules and regulations fixed and set by City relating to the receipt and delivery of goods, supplies and catered foods and beverages and the use of the Cafeteria, the Building and surrounding land on which the Building is situated. f. At its sole cost and expense obtain all government licenses and permits required for the operations and services set forth herein. g. Repair or replace in a condition comparable to that existing as of the Effective Date of this Agreement, the Cafeteria and the City food service equipment in the event of damage or destruction thereof caused by the willful act or negligence of Contractor, its employees, agents, customers or invitees within a reasonable time after such damage or destruction and in any case not more than 30 days after such occurrence. h. Refrain from leaving garbage or other material on the loading docks and in the compacting system and arrange for proper grease disposal. i. Obtain and pay for all food, beverages, candies, and consumable supplies and material of every kind and employ all labor and management personnel necessary for the Catering and Related Services. j. Obtain and pay for all operating supplies and linens, laundry and uniforms, and miscellaneous costs required in the Catering and Related Services. k. Abide by the City's Rental Fee Schedule, set forth in Exhibit 4 attached hereto, for • -the permitted use of the Garden Room, Training Room and Private Dining-Room by tenants, individuals and groups. Contractor will have the opportunity annually to review and submit recommendations for rental rates for non-resident's use for City consideration. It is understood that the City may use the Garden Room, Training Room and Private Dining Room without the payment of any rental fee to Contractor. 1. Provide to the City, by the 15th of each month, a 60-day schedule, in the form attached hereto as Exhibit 5, for catered events (a) within the Building and (b) outside the Building with respect to which food or any part thereof will be prepared in the Cafeteria. m. Provide to the City, by the 15th of each month, monthly listings of all advanced bookings (events scheduled out beyond 60 days) for the Building. n. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. o. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. p. Contractor's personnel must be neat appearing and wear a uniform and badge that clearly identifies them as a service contractor and abide by City's no smoking policies. q. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. r. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards or other situation that result in rekeying a space or other cost to the City will be billed back to the Contractor. s. Contractor shall maintain a website and appropriate social media presence for the Catering and Related Services. City shall have sole discretion to determine what is appropriate use and content. Upon termination of this Agreement Contractor shall turn over all website and social media data and access information to the City. 3. City's Obligations. City will do or provide to Contractor the following: a. °Provide the City food service equipment identified•in Exhibit 2 attached hereto. b. Provide utilities including heating, cooling, lighting, electricity, and gas energy, hot and cold water and pest extermination reasonably necessary for food service operations. The obligation to provide heating and cooling shall be limited to that necessary to support normal daily operations. Additional heating, cooling, lighting, etc. for events may be charged back to the Contractor. c. Except as to damage or destruction caused by the willful act or negligence of Contractor, its employees, agents, customers or invitees, repair or replace, in a condition comparable to that existing on the Effective Date of this Agreement, the food service equipment identified in Exhibit 2 attached hereto, but only if Contractor shall have first given notice to City of the need to repair or replace. In no event is Contractor authorized to make or cause any repair or replacement without the written consent of City. If Contractor does so without such written consent, City shall not be obligated to reimburse Contractor for the cost thereof. d. Provide general cleaning services in the Garden Room and adjacent common areas, Monday through Friday. Maintain and clean walls, ceilings, windows, lights, exhaust fans and floors, except maintaining and cleaning to be performed by Contractor pursuant to Sections 2(c) and 2(d) hereof e. Provide office space, local telephone service with two phones, desks and chairs, as may be reasonably required at the location for Contractor food services personnel. The City will provide for two designated parking spaces for Contractor vehicles. 4. Exclusive Rights and Cateri�. a. Contractor shall, during the term of this Agreement, have the exclusive right to sell food and beverages within the Garden Room, Training Room, and Private Dining Room. b. Contractor, during the term of this Agreement, will have exclusive rights to the kitchen for catering purposes, 24 hours a day. Contractor will have exclusive rights to the use of the Garden Room, Training Room and Private Dining Room for catered events from 5:00 p.m. to 11:00 p.m., Monday through.Thursday, 5:00 p.m. to midnight Friday, and 9:00 a.m. to midnight, Saturday, Sunday and City- observed holidays. Access to loading dock will be provided as needed. c. Notwithstanding any other provision of this Agreement, City reserves the right to use and permit persons and groups of persons to use the Garden Room, Private Dining Room, and Training Room, provided the space is not already reserved, and reserves the right to use any cater of its choosing for such use. Any rental fees charged for such use shall be retained by City. . .._,,,,.. • .. ,.. d. Contractor may enter-into--individual catering agreements- with-tenants of the Building, so long as they do not exceed the expiration date of this contract. 5. Monthly Accounting and Payment. a. Contractor shall prepare and submit to City, by the 15th of the month, an Operations Statement for the preceding month. b. Gross receipts shall include all cash and charge sales, resulting from the daily Catering and Related Services. Gross receipts shall be reported on each monthly statement exclusive of any and all applicable sales taxes. c. Net profit will be determined by taking gross receipts from Catering and Related Services, less legitimate expenses as approved by the City, less a reasonable management fee and will be exclusive of any and all applicable sales taxes. d. No commission or fee will be paid by contractor to the City for the use of the facility. The City will require a facility fee to by paid by all users of the facility, in order to recover the cost of utilities, maintenance and capital investment in the facility. This facility fee will be required as the deposit to reserve the facility through the contractor. Said fee shall be paid to the Contractor and Contractor shall remit the fee to the City within 15 days of receipt. Facility fees are approved each year by the Eden Prairie City Council and the current fees are outlined in Exhibit 4 of the agreement. e. Additionally, if alcohol is served at an event, the city will require the user to pay the cost of an off duty Eden Prairie police officer and this fee will also be paid directly to the City by the user of the facility. L Contractor will operate the Catering and Related Services on a profit and loss basis with no requirement of subsidy from the City. 6. Liquor. Contractor represents that it holds a caterer's permit issued by the Commissioner of Public Safety pursuant to Minn. Stat. § 340A.404, Subd. 12. Contractor shall be entitled to sell on-sale intoxicating liquor at catered events as permitted by and subject to the conditions of Subd. 12. Otherwise, contractor will purchase and pay for a liquor license from the City. Any time liquor is served at an event Contractor will hire and pay for an off-duty Eden Prairie Police Officer to be on site for the entire event. 7. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall includes but not be limited to;.minimum coverages and limits of-- liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Contractor's coverage shall be primary and noncontributory in the event of a loss. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive Liability $1,500,000 property damage per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 c. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: i. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). ii. Products and Completed Operations Property Damage coverage. Contractor agrees to maintain this coverage for a minimum of two (2) years following completion of its work. iii. Personal'injury with Employment Exclusion (if any) deleted. iv. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. v. Broad Form Property Damage coverage, including completed operations, or its equivalent. vi. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO forms CG 2010 07 04 and CG 2037 07 04, or their equivalent. vii. If the Work to be performed is on an attached community, there shall be no exclusion for°attached or condominium projects. viii. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. ix. Incidental Malpractice and Host Liquor Liability insurance applicable to the Contractor's performance under this Contract. x. Severability of Insureds provision. d. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: i. All polices shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); ii. All polices shall be apply on a"per project" basis; iii. All policies, except the Worker's Compensation Policy, shall contain a waiver of subrogation naming "the City of Eden Prairie"; iv. All policies, except the Worker's Compensation Policy, shall name "the City of Eden Prairie" as an additional insured; v. All policies, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract; and vi. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty (30) days prior written notice to the City. e. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing.Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. f. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and-expense (including reasonable attorney's fees and expenses of.litigation) to-- ..M the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 8. Indemnification. Contractor will indemnify City and hold it 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 Contractor or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its agents or employees. 9. Termination. a. Either party may terminate this Agreement without cause at any time by giving notice of its intention to do so, to the other, as provided herein, at least sixty (60) days prior to the intended date of termination. b. Alternatively, this Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this • . -v.,• Agreement entitling it•to do so. The notified party shall have five°(5) days-from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so,this Agreement shall automatically terminate. Immediately prior to termination of this Agreement, Contractor shall have restored, cleaned and maintained the Cafeteria and the City food service equipment in a manner and condition in which it existed on the date hereof, reasonable wear and tear excepted. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, including, but not limited to, those described in Section 7 of this Agreement (prior liability), the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. Upon termination of this Agreement, any catering events booked and any related obligations thereof that require specific use of the Garden Room, Training Room and Private Dining Room, will become the responsibility of the City. Contractor will be responsible to help transition those events to the City and submit to the City any deposits, fees or monies collected for those events, if any. 10.Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any 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. 11. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who- shall be employees,and under the direction;-of Contractor-and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 12. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 13. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. The Contractor shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Contractor. 14.Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 15. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 16. 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. 17. 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. 18. 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-r..- business. 19. 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. 20. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 21. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 22. 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 Contract. 23. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 24. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: EXHIBIT 1 CITY CENTER CAFETERIA • • //r\ \IIP •-•r- /„.„, r/ / , , ..• / , . ,. , ,.,‘,,, PRIVATE S ..�♦ ` f/- / #,, ` f�r., ,, l�aNING `�� , "*. ;, , / f / /...,,/:///„:„/"./..,..," ',,,..../•,.,:j.,s,1*,..../,'1„," „( , ..- - ., at. 1 , AP' ,„ / ,,,- 7, , , ir `� ✓� ,/5 , : r Al / / , _,...", /0 ...., " , .. . = i TRAINING ROOM000r0 / ',,.` , ` , //7/././071.0111,1/7 FOOD SERVICE AREA , ' .. ;,`/ ! /. ' /• fir /!fj/// - Ji / E., - f s' '� 12 Idriffedei ._ .,. ///' /,'://7/..?'..1`' m:_2. � i • r r * ,,1 ' :,/,---------, ir„, (0\ .-- K 4110 1(k .,s 41*°' , la litror/0" 7 • / \ <ki v' Exhibit 2 Eden Prairie City Center Garden Room Inventory November 14,2000 1 ew Age can rack I8-section ware shelving 1 Tonka 12 foot x 14 foot walk-in cooler 1 Tonka 10 foot x 10 foot walk-in freezer 1 4-foot stainless steel work table 1 Stainless steel work table w/sink 1 8-foot work table 1 Scotsman ice machine 1 3-compartment stainless steel sink 1 2-door refrigerator—Hobart 1 13-foot stainless steel hood 1 6-foot stainless steel table w/pot rack 1 20 quart mixer------Hobart 1 10-foot work table w/sink 1 10-foot stainless steel overshelf 1 Crescor proof cabinet 1 Hobart slicer 1612 1 Serv-o-lift 4-well steam table 1 Serv-o-lift 8-foot cold table 1 Serv-o-lift beverage I cashier counter 1 Remcor ice water dispensers 1 9-foot cold table 1 24-inch carving table with drawer 2 Tray caddies 1 Hobart dishwasher CRS86 1 Hatco booster heater 1 Stainless steel insinkerator 300 1 Stainless steel insinkerator 125 1 . Hose reel Dishroom; hanging from ceiling 1 Mobile food warmer 12 Water Pitchers 65 Coffee cups 50 Water glasses 200 Forks 200" Knives 2 200 Spoons 100 Bouillon Spoons 20 Coffee pitchers 60 Soup spoon, large 175 #1 plates 205 #2 plates 204 Dinner plates 30 Sandy plates, large _ 50 Sandy plates, small Misc. Banquet glassware, plates, cups, etc. 45 Soup cups 7 Sheet pans 1 Vulcan stove 2 Montague ovens 1 File cabinet 2 Desk 2 Telephones 40 60" round tables 294 Stackable banquet chairs The City requires the following areas to be cleaned after all events: • Main Garden Room entrance,restrooms,hallways and stairs • Common Atrium leading to Garden Room • Garden Room main eating area • Common Area restrooms between Garden Room and Police • Hallway carpet behind Garden Room and Police • Guest Dining Room(old Training Room) • Common Area Atrium elevator • Patio and grounds The City requires that these areas be cleaned in the following manner after all events. All carpeted areas: • Vacuum completely • Carpet cleaned in Guest Dining Room—2 times yearly • Stain removal after every event • Report any major spills to Facilities,and clean them immediately. All tile floors: • Sweep completely • Completely wet mop using floor degreaser and disinfectant, rinse with clean water • Clean up all spills as needed Restrooms: • Clean mirrors with window cleaner • Refill paper products • Empty sanitary napkin waste receptacle • Disinfect and wipe clean all o Sinks o Toilets o Urinals o Handicap grab bars o Partition walls(stalls) o Sweep floor o Wet mop floor with disinfectant and water o Empty trash receptacle Waste receptacles (Common Areas): • Empty after all events • Transport to trash room and dispose of properly Windows: • Clean door glass after events • Clean lower glass in Atrium Specials: • Clean all debris out of planters throughout Common Atrium • Clean elevator Exhibit 4 City's Rental Fee Schedule Room Group I Group II Group III Public Agencies, Eden Prairie Non-resident Non-profit, and Individuals and Individuals and Civic organizations Businesses Businesses GARDEN With meal service— $300 /first 4 hours $400/first four hours ROOM Catering Charge $50 /hour each $75 /hour each add'l Only add'l hour, plus hour,plus catering charge catering charge Room Room Group I Group II Group III Information Public Agencies, Eden Prairie Non-resident Non-profit, and Individuals and Individuals and Civic organizations Businesses Businesses TRAINING Standard Class $20/hour $30 /hour $40 /hour ROOM Room Beverages and Snacks only Maximum capacity=40 Priority Rental Classifications Government--Any activity related to the operations of Eden Prairie's City government which the primary purpose is to aid Eden Prairie Residents—No Charge. Group I—Public agencies, School District 272, civic organizations, S.W. Metro Transit, non- profit Eden Prairie based groups. Group II* —Eden Prairie residents and businesses. Group III (Non-community)—Non-resident individuals, groups, commercial, non-profit, and business organizations. * A Community Group is Eden Prairie based if the user group has its mailing address or headquarters in the City of Eden Prairie, or has at least 75% of its membership roster residing in Eden Prairie. NOTE: Eden Prairie residents and businesses may NOT make reservations for non- residents and non-Eden Prairie based businesses. CITY COUNCIL AGENDA DATE: August 20, 2013 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.M. Paul Sticha, Administration Disposal of Surplus Property Department, Facilities Division Requested Action Move to: Approve disposal of surplus property. Synopsis: The City has 19 maroon desk chairs and a typewriter that are no longer needed for municipal purposes. The City Manager is authorized to dispose of said property according to City Code 2.86, subd. 3. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 20, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. Kathleen Porta Approve Election Equipment Lease with City Clerk Hennepin County Requested Action Move to: Approve the election equipment lease agreement with Hennepin County and authorize the Mayor and City Manager to sign the agreement. Synopsis The Hennepin County Board of Commissioners authorized the purchase of election equipment for a countywide digital scan voting system. Attachment Lease Agreement Agreement No. A-131236 HENNEPIN COUNTY/CITY OF EDEN PRAIRIE LEASE AGREEMENT THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN and the CITY OF Eden Prairie, both political subdivisions of the State of Minnesota, hereinafter referred to as the "County" and the "City" respectively. For purposes of this Agreement, the address of the County is A2300 Government Center, Minneapolis, Minnesota 55487 and the address of the City is 8080 Mitchell Road, Eden Prairie, MN 55344-4485. WITNESSETH WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 13-0134 authorized the purchase of election equipment for a countywide digital scan voting system, election hardware and services; and WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 05-564 authorized the purchase of Assisted Voting Technology equipment for a countywide optical scan voting system, election hardware and services through the State of Minnesota Cooperative Purchasing Agreement; and WHEREAS, the County and the City of Eden Prairie are parties to a prior agreement numbered A-052244 relating to the lease of election equipment and the County and City desire to terminate that lease agreement and replace it with this agreement. WHEREAS, the County desires to lease Election Equipment and AVT Equipment (as defined herein) to the City of Eden Prairie for use in all city elections. NOW THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the County and the City agree as follows: Section 1 SCOPE OF AGREEMENT 1.1 The County hereby leases to the City at the cost identified below and subject to the terms and conditions of this Agreement, and the City hereby agrees to lease from the County election equipment identified as: twenty-three (23) DS200 Digital Scan Precinct Count Units (including forty-six (46) 4 GB Jump Drives), and twenty-three (23) DS200 Plastic Ballot Boxes (the "Election Equipment") for polling places contained within the City. Page 1 of 8 1.2 The County hereby leases to the City subject to the terms and conditions of this Agreement, and the City hereby agrees to lease from the County AVT Equipment identified as: twenty-two (22) AutoMARK Voter Assist Terminals, forty-four (44) flashcards and twenty-two (22) ES&S AutoMARK Tables with adjustable legs for polling places ("AVT Equipment") contained within the City. 1.3 Subject to the terms and conditions of this Agreement, the parties may agree by written addendum executed by all the parties to increase or decrease the County Election Equipment and AVT Equipment included within the scope of this agreement. Hennepin County hereby delegates authority to execute such an addendum to the County Auditor. The City hereby delegates authority to execute such an addendum to the authorized City officer, or the City Council, as appropriate. 1.4 Upon the express written permission of County's Election Manager, or her/his designee, the City may lease Election Equipment and/or AVT Equipment to a school district. Said lease shall be made pursuant to a written agreement, between the City and the school district, which includes substantially the same terms as those contained herein. Section 2 OWNERSHIP 2.1 The City acknowledges that the County owns the Election Equipment and AVT Equipment and that the City is authorized to use said Election Equipment and AVT Equipment for official election related purposes. Use of the Election Equipment and AVT Equipment for any other purpose is strictly prohibited absent express written consent of the County. 2.2 The City acknowledges and agrees that the Election Equipment and AVT Equipment may contain proprietary and trade secret information that is owned by a third party and is protected under state and federal copyright law or other laws, rules, regulations and decisions. The City shall protect and maintain the proprietary and trade secret status of the Election Equipment and AVT Equipment. Section 3 HANDLING OF EQUIPMENT AND INDEMNIFICATION 3.1 The City shall be responsible for the Election Equipment and AVT Equipment while it is in the City's custody, possession or control. The City, either through insurance or a self-insurance program, shall be responsible for all costs, fees, damages and expenses including but not limited to personal injury, storage, damage, repair and/or replacement of the Election Equipment and AVT Equipment while it's in the City's custody and this Agreement is in effect, Page 2 of 8 consistent with the City's defense and indemnity obligations contained in Section 7.6 herein. 3.2 The City shall be responsible for the transporting of the Election Equipment and AVT Equipment from and to the County. The City shall be responsible for all costs, including but not limited to shipping, related to the repair or replacement of lost, stolen, destroyed or damaged Election Equipment and AVT Equipment as well as the maintenance and repair costs described in Sections 5.1 and 5.2. Section 4 TERM, TERMINATION 4.1 This Agreement commences September 1, 2013 and expires August 31, 2014. Thereafter, this Agreement shall automatically renew for additional one year periods unless either party notifies the other party, on or before June 1st of that year, of its intention not to renew. Termination of this Agreement by the City shall not relieve the City of any duties or obligations hereunder including but not limited to the obligation to pay amounts due and payable. Upon expiration or any termination of this Agreement, the City shall return the Election Equipment and/or AVT Equipment within a reasonable time and in good operating condition except for routine wear and tear. Section 5 MAINTENANCE 5.1 Maintenance Agreement (DS200) The County has entered into an agreement with a third-party ("Maintenance Vendor") for maintenance and repair of the Election Equipment as more fully described in Addendum A ("Maintenance Services). The City will obtain Maintenance Services for the Election Equipment directly from the Maintenance Vendor including but not limited to scheduling and supervising the Maintenance Vendor. City shall pay County the per unit amount that County pays to the Maintenance Vendor plus any additional costs incurred by County as the same are directly related to maintenance and repair of the Election Equipment leased by the City which may include the cost of replacement parts. 5.2 Maintenance Agreement (AVT Equipment). The County has entered into an agreement with a third-party ("AVT Maintenance Vendor") for maintenance and repair of the AVT Election Equipment ("AVT Maintenance Services). The City will obtain AVT Maintenance Services for the AVT Election Equipment directly from the AVT Maintenance Vendor including but not limited to scheduling and supervising the AVT Maintenance Vendor. City shall pay County the per unit amount that County pays to the AVT Maintenance Vendor plus any additional costs incurred by County as the same are directly related to maintenance and repair of the AVT Election Equipment leased by the City which may include the cost of replacement parts. Page 3 of 8 5.3 The City agrees not to make any repairs, changes, modifications or alterations to the Election Equipment or AVT Equipment that are not authorized by Hennepin County and said vendors. 5.4 After reasonable notice, the County shall have the right to enter into and upon the premises where the Election Equipment and AVT Equipment is located for the purposes of inspecting the same or observing its use. On an annual basis, during the term of this Agreement, the City shall comply with the County's request for verification of Election Equipment and AVT Equipment inventory. 5.5 The City agrees to provide notice to Maintenance Vendor and/or AVT Maintenance Vendor of any defects or malfunctions with the Election Equipment and/or AVT Equipment within twenty-four (24) hours. The City also agrees to provide the County with notice of such malfunctions or defects and the Maintenance Vendor and/or AVT Maintenance Vendor response within a reasonable time. Section 6 PROGRAMMING AND ACCUMULATION 6.1 Programming. The County will be responsible for programming the DS200 Digital Scan Election Equipment at no charge to jurisdictions for all races in all elections. 6.2 Programming Costs. The City is responsible for paying to the County the programming costs of the AVT Equipment described in paragraph 1.2 at an amount prorated upon the number of columns devoted to the City's races on the ballot. 6.3 Results Transmission and Accumulation. The County has invested a significant amount of resources in equipment that allows the DS200 Digital Scan tabulators to electronically transmit election results via wireless technology from each polling place to a central location and for those results to be accumulated and posted on the County's website. There is also a significant operational cost associated with each use of this transmission and accumulation process. 6.4 For Cities with a primary and/or a general election, as described in Minn. Stat. §§ 205.065 and 205.07, in the even-numbered years, the County will provide results transmission and accumulation of results of City races in the primary and general election at no cost to the City. 6.5 For Cities with a primary and/or a general election, as described in Minn. Stat. §§ 205.065 and 205.07, in the odd-numbered years, upon written request by the city, the County will perform the electronic transmission and accumulation of results of City races in the primary and general election, at a cost of$100 per polling place for the primary, and $100 per polling place for the general election. Page 4 of 8 The County will not perform the electronic transmission and accumulation of votes cast in any other City elections, unless by mutual agreement with the City. The County may, in its sole discretion, elect to waive this fee. Section 7 OTHER TERMS AND CONDITIONS 7.1 No Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. 7.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 7.3 Entire Agreement. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. Pursuant to the foregoing, the parties acknowledge and agree that Agreement A-052244 between the parties is hereby teminated and replaced with this Agreement. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 7.4 No Assignment. Neither party shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. 7.5 Limited Warranty. County warrants that it owns title to the Election Equipment and AVT Equipment, or to the extent it does not own title, that it has all rights necessary to grant the licenses herein. 7.6 No Warranty. COUNTY IS PROVIDING THE ELECTION EQUIPMENT AND AVT EQUIPMENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON- INFRINGEMENT, NO WARRANTY REGARDING THE USE OF THE Page 5 of 8 INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Pursuant to the foregoing, the City agrees that the County is furnishing the Election and AVT Equipment on an "as is" basis, without representation or any express or implied warranties, other than those provided by the Maintenance Vendor and/or AVT Maintenance Vendor, including but not limited to, fitness for particular purpose, merchantability or the accuracy and completeness of the Election Equipment or AVT Equipment. The County does not warrant that the Election Equipment and/or AVT Equipment will be error free. The County disclaims any other warranties, express or implied, respecting this agreement or the Election or AVT Equipment. The City's exclusive remedy and the County's sole liability for any substantial defect which impairs the use of the Election Equipment and/or AVT Equipment for the purposes stated herein shall be the right to terminate this Agreement. 7.7 IN NO EVENT SHALL THE COUNTY BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES (EVEN IF THE COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) OR LOSS OF PROFIT, LOSS OF BUSINESS OR ANY OTHER FINANCIAL LOSS OR ANY OTHER DAMAGE ARISING OUT OF PERFORMANCE OR FAILURE OF PERFORMANCE OF THIS AGREEMENT BY THE COUNTY. The County and the City agree each will be responsible for their own acts and omissions under this Agreement and the results thereof including but not limited to the acts or omissions of the party's subcontractors, employees and other personnel and shall to the extent authorized by law defend, indemnify and hold harmless the other party from any liability, claims, causes of action, costs or expenses resulting directly or indirectly from such acts and/or omissions. Each party shall not be responsible for the acts, errors or omissions of the other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. The statutory limits of liability for some or all of the parties may not be added together or stacked to increase the maximum amount of liability for any party. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. Nothing in this Agreement constitutes a waiver by the City or County of any statutory or common law defenses, immunities, or limits on liability. 7.8 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: Page 6 of 8 To the City: City of Eden Prairie 8080 Mitchell Road, Eden Prairie, MN 55344-4485 To the County: Hennepin County Administrator A-2300 Government Center (233) Minneapolis, MN 55487-0233 Copy to: Mark Chapin Director, Taxpayer Services Department A-600 Government Center (060) Minneapolis, MN 55487-0060 7.9 Audit Provision. Both parties agree that either party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. 7.10 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this Agreement are incorporated into and made a part hereof by this reference. 7.11 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the City and County hereof shall survive the completion of performance and termination or cancellation of this Agreement. 7.12 Authority. The person or persons executing this Lease Agreement on behalf of the City and County represent that they are duly authorized to execute this Lease Agreement on behalf of the City and the County and represent and warrant that this Lease Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. 7.13 The parties shall comply with applicable law including but not limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA). THE REMAINDER OF THIS PAGE IS BLANK. Page 7 of 8 AUTHORIZATION COUNTY OF HENNEPIN Reviewed by the County STATE OF MINNESOTA Attorney's Office By: Assistant/Deputy/County Administrator Department Director of Date: Date: CITY OF Eden Prairie By: Its: And: Its: City organized under: Statutory Option A Option B Charter Page 8 of 8 Addendum A Post Warranty Maintenance and Support Services 1. Term; Termination. This Addendum A for Hardware Maintenance and Software Maintenance and Support Services shall be in effect for the coverage period as described in Schedule 5-1 (the "Initial Term"). Upon expiration of the Initial Term, this Addendum A shall automatically renew for an unlimited number of successive Two Year Periods (each a "Renewal Perio d") until this Agreement is terminated by the first to occur of (a) either parry's written election not to renew,which shall be delivered to the other party at least thirty(30)days prior to the end of the Initial Term or any Renewal Period, as applicable, (b)the date which is thirty(30)days after either party notifies the other that it has materially breached this Agreement, if the breaching party fails to cure such breach (except for a breach pursuant to subsection(e),which will require no notice),(c)the date which is thirty(30)days after CONTRACTOR notifies COUNTY that it is no longer able to procure replacement parts that may be needed i n order to perform the Hardware Maintenance Services contemplated hereunder, (d)the date on which the Equipment or firmware installed thereon is no longer certified by federal and/or state authorities for use in COUNTY's jurisdiction, or (e) the date which is thirty (30) days after COUNTY fails to pay any amount due to CONTRACTOR under this Agreement. Upon the termination of the license, COUNTY shall immediately return the Software and Documentation (including any and all copies thereof) to CONTRACTOR, or (if requested by CONTRACTOR) destroy the Software and Documentation and certify in writing to CONTRACTOR that such destruction has occurred. The termination of this Agree ment shall not relieve COUNTY of its liabili ty to pay any amounts due to CONTRACTOR hereunder and shall only entitle COUNTY to a prorated refund of any fees already paid to CONTRACTOR in the event that this is Agreement is terminated pursuant to subsection 1(c)or 1(d)above. 2. Fees. In consideration for C ONTRACTOR's agreement to provide Hardware Maintenance and Software Maintenance and Support Services under this Agreement, COUNTY shall pay to CON TRACTOR the Hardware Maintenance and Software Maintenance and Support Fees set forth on Schedule 5-1 for the Initial Term. The Hardware Maintenance and Software Maintenance and Support Fees fo r any Renewal Period shall be as agreed to by the parties and such fees will not exceed CONTRACTOR's list prices which are in effect at the time of commencement of such Renewal Period. The Renewal Period fees are due and payable no later than thirty (30) days prior to the beginning of such renewal period. The Software Maintenance and Support Fees shall be comprised of(I)a fee for the Software Maintenance and Support of the CONTRACTOR Firmware, and (II)a fee for the Software Maintenance and Support for all other CONTRACTOR Software, and shall be in addition to any fees or charges separately referred to In any Section of this Agreement. If COUNTY' elects to receive Hardware Maintenance or Software Maintenance and Support for an Add-On License or New Product during the Initial Term or any renewal thereof, CONTRACTOR will charge an incremental fee for such services. In the event. COUNTY terminates this Agreement through no fault of CONTRACTOR and later desires to subscribe to a Hardware Maintenance or Software Maintenance and Support Plan, or otherwise changes its Hardware Maintenance or Software Maintenance and Support Plan with CONTRACTOR during the Initial Term or any renewal thereof, CONTRACTOR will charge the COUNTY its then current contract administration fee in order to process such new subscription for,or change in, Hardware Maintenance or Software Maintenance and Support Coverage. ARTICLE II HARDWARE 1. Maintenance Services. The Hardware Maintenance Services to be provided to COUNTY under this Agreement for the CONTRACTOR equipment listed on Schedule 5-1 is set forth on Schedule 5-1(the"Products") and shall be subject to the following terms and conditions: a. Routine Maintenance Services. A CONTRACTOR Representative shall provide such services as may be necessary to keep the Products in Normal Working Condition ('Routine Maintenance Services") once each Twenty-Four (24) Months during the Initial Term or any renewal thereof. Generally, Routine Maintenance Services shall include cleaning, lubrication, diagnostic check, and calibration services. The Routine Maintenance Services shall not include the repair or repl acement of any CONTRACTOR Equipment components that are consumed in the normal course of operating the 32 Equipment, including, but not limited to,paper rolls, batteries, removable media storage devices, PCMCIA cards, ink pads, ink cartridges or marking devices. COUNTY may request that Routine Maintenance Services be performed more than once during the initial Term or any Renewal Period. Any such request shall be made at least sixty (60) days before the Routine Maintenance Services are desired. The per-unit fee for such additional Routine Maintenance Services is set forth on Schedule 5-1 and shall be due within thirty (30) days after invoice date. At the request of COUNTY, CONTRACTOR shall provide a reasonably detailed record of all Rou tine Maintenance Services performed with respect to the Product s. CONTRACTOR will schedule the Routine Maintenance Services with COUNTY. The Routine Maintenance Services will be provided at COUNTY's Designated Location. COUNTY's "Designated Location" shall mean COUNTY's owned or leased facility at which COUNTY desires CONTRACTOR to perform the Hardware Maintenance Services, such locations may not be COUNTY owned or leased facilities and may Include city halls_ COUNTY acknowledges and agrees that the performance of Routine Maintenance Service s for Product(s) identified on Schedule 5-1 as "depot repair only" shall only be provided pursuant to Section 1(b) below. b. Repair Services. I. Defects Under Normal Use and Service. If a defect or malfunction occurs in any Product while it is un der normal use and service, COUNTY shall promptly notify CONTRACTOR, and CONTRACTOR shall use reasonable efforts to restore the item to Normal Working Condition as soon as practicable. The services provided by CONTRACTOR pursuant to this Subsection 1(b)(i) are referred to herein as "Repair Services". CONTRACTOR will perform Repair Services in conjunction with a preventative maintenance event as follows: Repair Services for Products covered under this Agreement will be performed at COUNTY's Designated Location. Defects Due to COUNTY Actions or Omissions. If a defect or malfunction occurs in any Product as a result of (1) repairs, changes, modifications or alterations not authorized or approved by CONTRACTOR, (2) accident, theft, vandalism, neglect, abuse or use that is not in accordance with instructions or specifications furnished by CONTRACTOR or (3) causes beyond the reasonable control of CONTRACTOR or COUNTY, including acts of God, fire, flooding, riots, acts of war, terrorism or insurrection, labor disputes, transportation delays, governmental regulations, and utility or communication interruptions, rodent infestation, or if COUNTY does not notify CONTRACTOR within 24 hours after it knows of the defect or malfunction or is otherwise not in compliance with its obligations hereunder, COUNTY shall pay CONTRACTOR for the Repair Services at CONTRACTOR'S then-current rates, as well as for the cost of all parts used in connection with such Repair Services. iii. Timing. The date(s)on whic h any Repair Services shall be provided shall be mutually agreed upon by CONTRACTOR and COUNTY. If COUNTY requires CONTRACTOR to provide "emergency" Repair Services (which shall be defined as Repair Services that are provided within 48 hours after COUNTY notifies CONTRACTOR of the need therefor), and such emergency Repair Services are not nee ded as a result of an action, error or omission by CONTRACTOR, COUNTY shall pay a surcharge, as set forth on Schedule 5-1, iv. Loaner Unit. At COUNTY's request and if such product is availa ble, CONTRACTOR shall use reasonable efforts to promptly make available to COUNTY a product that is the same as,or substantially similar to, the Product for which Repair Services are being performed (a "Loaner Unit"). If the Repair Services are being performed pursuant to Subsection 1(4)(11) above, COUNTY shall pay CONTRACTOR for the use of the Loaner Unit at CONTRACTOR's then-current rates including the cost of shipping. c. Exclusions. CONTRACTOR has no obligation under this Agreement to(i)assume the obligations under any existing or expired warranty for a Third Party Item; (ii) repair or replace Product 33 components that are consumed in the normal course of operating the Product, including, but not limited to, paper rolls, batteries, rem ovable media storage devices, PCMCIA cards, ink pads, ink cartridges or marking devices, or(iii) repair any Product from which the serial number has been removed or altered. In addition, CONTRACTOR may, at any time in its discretion, determine that any Product is no longer fit for Hardware Maintenance Services because it is in such poor condition that it cannot practically be restored to Normal Working Condition, or cannot be restored to Normal Working Condition at an expense that is less than the then-current value of the Product. If such a determination is made, CONTRACTOR shall no longer be required to provide Hardware Maintenance Services for such Product. CONTRACTOR shall also refund to COUNTY an amount equal to (1) that portion of the most recent fee paid for Hardware Maintenance Services that is attributable to such Product, multiplied by(2) a fraction, the numerator of which is the remaining number of days in the respective period within the Initial Term or Renewal Period for which such fee was paid and the denominator of which is the total number of days in the respective period within such Initial Term or Renewal Period. d. Sole Provider; Access. COUNTY shall not permit an y individual other than an CONTRACTOR Representative to provide maintenance or repairs with respect to the Products for so long as the Initial Term or any Renewal Period is in effect. CO UNTY shall provide CONTRACTOR Representatives with all information necessary to enable them to provide Hardware Maintenance Services. COUNTY shall likewise provide full access to the Products, and adequate working space for all Hardware Maintenance Services performed at its Desi gnated Location, including sufficient heat, lights, ventilation, electric current and outlets. e. Storage. When not in use, Products should be stored in a clean, secure environment. During operation of the Products, the facility temperature range should be 50° to 104 and the moisture range should be 10% to 50% relative humidity. f. Reinstatement of Hardware Maintenance Services; Inspection. If the Initial Term or any renewal thereof expires without being renewed, COUNTY may thereafter resume receiving Hardware Maintenance Services upon (a) notification to CONTRACTOR and (b) the granting to CONTRACTOR of access to the Products. CONTRACTOR requires COUNTY to allow it to inspect such Products before it provides any Hardware Maintenance Services. The purpose of such inspection shall be to determine whether or not the Products are fit for the ordinary purpose for which they are to be used, normal wear and tear excepted ("Normal Working Condition"). The cost of such inspection will be at the current published CONTRACTOR Technician labor r ate and shall be due from COUNTY within thir ty (30)days of its receipt of CONTRACTOR'S invoice therefore. If any of the Products is not in Normal Working Condition, CONTRACTOR, at the option of COUNTY, (I)shall pr ovide such repairs and replacem ents as it deems reasonable and necessary to restore such item to N ormal Working Condition, at COU NTY's expense with respect to the cost of any labor (charged at the current published CONTRACTOR Technician labor rate) and parts used in such repairs or' replacements, or (ii) shall not provide any Hard ware Maintenance Services with respect to such Product(s). ARTICLE III SOFTWARE MAINTENANCE AND SUPPORT SERVICES 1. Services Provided. CONTRACTOR shall provide maintenance and support services ("Software Maintenance and Support") for the CONTRACTOR Software and CONTRACTOR Firmware (collectively, "CONTRACTOR Software"),to enable it to perform in accordance with its Documentation in all material respects,and to cure any defect in material or workmanship. The specific S oftware Maintenance and Support services provided by CONTRACTOR and each parry's obligations with respect to such services are set forth on Schedule 5-1. 2. Updates. During the Initial Term and any Renewal Period thereof, CONTRACTOR may provide new releases, upgrades or maintenance patches to the CONTRACTOR Software, along with appropriate documentation ("Updates"),on a schedule defined by CONTRACTOR. COUNTY is responsible for obtaining and 34 Installing any upgrades or purchases of third party hardware or software required to operate the Updates. All Updates shall be deemed to be "Software", and shall be subject to all the terms and conditions of CONTRACTOR's license of the Software, upon delivery. COUNTY shall install Updates in accordance with CONTRACTOR's recommended instructions or may request that CONTRACTOR install the Updates. In the event COUNTY requests CONTRACTOR to install an CONTRACTOR Firmware Update, CONTRACTOR sh all install such Upd ate only in connection with the Routi ne Maintenance Services provided herein. CONTRACTOR may charge COUNTY at its then-current rates to(a) ship the Updates, (b) install the Updates (c) provide maintenance and support on the Software which is required as a result of COUNTY's failure to timely install an Update or(d)train the COUNTY on the Updates. COUNTY shall be responsible for any claim, damage, loss, judgment, penalty, cost, amount paid in settlement or fee which Is caused by COUNTY's failure to install and use the most recent Update provided to it by CONTRACTOR. If COUNTY proposes changes in the Software to CONTRACTOR, such proposals will become CONTRACTOR'S property. CONTRACTOR may, in its sole discretion, elect to make or not to make such chang es without reference or compensation to COUNTY or any third party. CONTRACTOR represents to COUNTY that the Updates will comply with all applicable state I aw requirements at the time of delivery. COUNTY sha II be responsible to ensure that it has Installed and is using only certified versions of Software in accordance with applicable law. COUNTY shall pay CONTRACTOR for any Update which is required due to a change in federal or state law. 3. Conditions. CONTRACTOR shall not provide Software Maintenance and Support for any item of CONTRACTOR Software if such item req uires such services as a result of(a) repairs,c hanges, modifications or alterations not authorized or approved by CONTRACTOR,(b)accident,theft,vandalism, neglect,abuse or use that is not in accordance with instructions or specifications furnished by CONTRACTOR, (c) causes beyond the reasonable control of CONTRACTOR or COUNTY, including acts of God, fire, riots, acts of war, terrorism or insurrection, labor disputes,tran sportation delays, governmental regulations and utility or communication interruptions, (d) COUNTY's failure to timely and properly install and use the most recent update provided to it by CONTRACTOR, (e)COUNTY'S failure to notify CONTRACTOR within 24 hours of ter COUNTY knows of th e need for such services, or (f)if COUNTY is otherwise not in compliance with its obligations under this Agreement. Any such Software Maintenance and Support shall be provided at the fees to be agreed upon by the parties if and when the need for such Software Maintenance and Support arises. Replacement versions of Software requested by COUNTY as a result of items set forth in this Section 3 or as a result of COUNTY'S actions or inactions shall be billable to COUNTY at CONTRACTOR's then current rates. 4. Proprietary Rights. CONTRACTOR shall own the enti re right, title and interest In and to all corrections, programs, information and work product conceived, created or developed, alone or with COUNTY or others, as a result of or related to the performance of this Agreement, including all proprietary rights therein or based thereon. Subject to the payment of all Software Maintenance and Support Fee s, CONTRACTOR hereby grants to COUNTY a non-exclusive license to use that portion of such corrections, programs, information and work product that CONTRACTOR actually delivers to COUNTY pursuant to this Agreement. All licensed items shall be deemed to be CONTRACTOR Software for purposes of this Agreement. Except and to the extent expressly provided herein, CONTRACTOR does not grant to COUNTY any right, license, or other proprietary right, express or implied, in or to any corrections, programs,information,or work product covered by this Agreement. 5. Reinstatement of Software Maintenance and Support. if the Initial Term or any Renewal Period thereof expires without being renewed,C OUNTY may thereafter resume receiving Software Maintenance and Support upon (a)notification to CONTRACTOR, (b) payment of all fees, including a reinstatement charge, which would have been due to CONTRACTOR had the Initial Term or any Renewal Period not expired,and(o)the granting to CONTRACTOR of access to the CONTRACTO R Software, so that CONTRACTOR may an alyze it and perform such maintenance as may be necessary before resuming the Software Maintenance and Support. 35 Schedule 5 - 1 CONTRACTOR HARDWARE MAINTENANCE FEES Initial Maintenance Term: Five(5)Years Beginning Upon Expiration of the Warranty Period Annual Annual Maintenance Fee Maintenance Fee Qty Description Per Unit in Total 550 DS200 Scanner $187.20 $102,960.00 4 DS850 Scanner $3,465.90 $13,863.60 Total Annual Hardware Maintenance Fees for the Initial Term $116,823.60 • Note 1:The Per-Unit Fees If COUNTY requests more than one Routine Maintenance visit in a 24-month period shall be 55% of the then current maintenance fee per unit. Note 2: Surcharge for Emergency Repair Services shall be 150%of the then current maintenance fee per unit. Note 3: COUNTY's Designated Locations: To be provided by the COUNTY Note 4: Upon expiration of the Initial Maintenance Term,this Agreement shall automatically renew for an unlimited number of successive two-year periods(each a "Renewal Period") until this Agreement is terminated according to Article I, Section 1. Hardware Maintenance Services Provided by CONTRACTOR Under the Agreement 1. Telephone support. • CONTRACTOR will provide Hardware support on procedural questions of a specific nature not covered in CONTRACTOR's Hardware User Manuals; • CONTRACTOR will verify the appropriate steps to take to resolve Issues identified by the COUNTY. 2. Issue Resolution. (to be provided on a limited basis) • CONTRACTOR will provide Hardware issue resolution on a limited basis once the COUNTY has followed all issue resolution procedures as set forth in the Equipment User Manuals and as directed in the required training course. If it becomes apparent that the COUNTY has not followed the appropriate Eq uipment User Manual and/or training directives, COUNTY will be advised to begin the issue resolution process over by following the procedures identified in the Equipment User Manuals or by utilizing CONTRACTOR Election Services.The COUNTY may also be advised that additional training may be necessary to ensure the COUNTY has the appropriate level of issue resolution training. 3.CONTRACTOR posts Technical Bulletins available through COUNTY's CONTRACTOR Web-based portal. 36 4. Routine Maintenance Services. • Onsite scheduled maintenance inspection per Article 2,Section la.The inspection includes: o Service performed by an CONTRACTOR trained and certified technician. o Performance of factory approved diagnostics on the unit, identifying and making adjustments where necessary as indicated by the testing. o Replacement of worn or defective with new or remanufactured federally and state certified parts. o Conducting a final test to verify that the unit is working according to manufacturer's specifications. o Use of a checklist tailored for each piece of equipment. o Update of maintenance records which are kept by serial number and available to you through your CONTRACTOR Web-based portal. 5. Repair Services. • COUNTY receives coverage for interim repair calls. o Interim calls may be scheduled during the regular Routine Maintenance Services event or scheduled in conjunction with other service work being performed in dose proximity of COUNTY's location if they are not election critical. o A Product may be sent to CONTRACTOR's Depot location for repairs at a time to be mutually agreed upon by CONTRACTOR and COUNTY. 6. Priority Services. • COUNTY has access to the CONTRACTOR Help Desk for assistance. • The customer receives priority on service calls. • The customer receives priority on response time. • The customer receives priority on certified CONTRACTOR parts inventory. Note: Except for those Hardware Maintenance Services specifically set forth herein,CONTRACTOR is under no obligation and shall not provide other Hardware Maintenance Services to the COUNTY unless previously agreed upon in writing by the parties. 37 CONTRACTOR SOFTWARE MAINTENANCE AND SUPPORT FEES Initial Maintenance Term: Five(51 Years Beginning Upon Expiration of the Warranty Period Listed below are the Unity Software Modules and Fees for which Software Maintenance and Support will be provided: Annual Software Maintenance Qty Description and Support ElectionWare PYO Standard Software includes ElectionWare 1 Reporting, $41,998.00 Rank Choice Voting, Automated Test Deck, Synthesized Total Annual Software Maintenance and Support Fees for the Initial Term $41,998.00 Listed below are the Hardware Products and Fees for which Firmware Maintenance and Support will be provided: Qty Description Annual Firmware Annual Firmware Maintenance and Maintenance and Support Fee Per Unit Support Fee In Total 550 DS200 Scanner Included in Hardware Included in Hardware Maintenance Fee Maintenance Fee 4 DS850 Scanner Included in Hardware Included in Hardware Maintenance Fee Maintenance Fee Total Annual Firmware Maintenance and Support Fees for the Initial Term Included Ina Hardware Maintenance Fee Software Maintenance and Support Severs Provided by CONTRACTOR Under the Agreement 1. Telephone support. • CONTRACTOR will provide Software support on procedural questions of a specific nature not covered in CONTRACTOR'S Software User Manuals; • CONTRACTOR will verify the appropriate steps to take to resolve issues identified by the COUNTY. 2. Issue Resolution. (to be provided on a limited basis) • CONTRACTOR will provide Software issue resolution on a limited basis once the COUNTY has followed all issue resolution procedures as set forth in the Software User Manuals and as directed in the required training course. If it becomes apparent that the COUNTY has not followed the appropriate Software User Manual and/or training directives, COUNTY will be advised to begin the issue resolution process over by following the procedures identified in the Software User Manuals or by utilizing CONTRACTOR Election Services, The COUNTY may also be advised that additional training may be ne cessary to ensure the COUNTY has the appropriate level of issue resolution training. 38 3. CONTRACTOR will provide Technical Bulletins available on the CONTRACTOR COUNTY Portal on a schedule to be determined by CONTRACTOR regarding specific issues the COUNTY may be experiencing. Note: Except for those Software Maintenance and Support services specifically set forth herein,CONTRACTOR is under no obligation and shall not provide other Software Maintenance and Support services to the COUNTY unless previously agreed upon by the parties. Software Maintenance and Support and Hardware Maintenance and Swoon Services—COUNTY Responsibilities 1. COUNTY's current software and hardware operator shall have completed a full software training session for each product selected. • COUNTY shall have completed training at a proficiency level to successfully use hardware (firmware) and software products for General and Primary elections. • COUNTY shall have the ability to install firmware and application software and make changes to date and time settings. • COUNTY shall have the ability to store equipment in accordance with CONTRACTOR requirements. 2. COUNTY shall have reviewed a complete set of User Manuals. 3. COUNTY shall have reviewed Training Checklists. 4. COUNTY shall be responsible for integration of any third party hardware or software application or system purchased by the customer, unless otherwise agreed upon, in writing, by the parties. 5. COUNTY shall be responsible for data extraction from COUNTY VR system. 6. COUNTY shall be responsible for implementation of any security protocols physical, network or otherwise. 7. COUNTY shall be responsible for COUNTY Acceptance of the hardware, unless otherwise agreed upon, in writing, by the parties. 8. COUNTY shall be responsible for any error or exception handling not identified in the User Guides as part of CONTRACTOR software or hardware. 9. COUNTY shall be responsible for customer network design, layout,set up,administration, maintenance or connectivity. 10. COUNTY shall be responsible for all costs associated with diagnosing ballot printing problems resulting from the use of non-CONTRACTOR Ballot Partner Printers ballots. 39 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 20, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.O. Kathleen Porta Approve Election Equipment Lease with City Clerk Eden Prairie School District 272 Requested Action Move to: Approve the election equipment lease agreement with Eden Prairie School District 272 and authorize the Mayor and City Manager to sign the agreement. Synopsis Hennepin County permits the City to lease election equipment to the School District with substantially the same terms as the City/County lease. Election equipment will be used for the school board election to be held on November 5, 2013. Attachment Lease Agreement CITY OF EDEN PRAIRIE AND EDEN PRAIRIE SCHOOL DISTRICT 272 LEASE AGREEMENT THIS AGREEMENT, made by and between the City of Eden Prairie and the Eden Prairie School District 272, both political subdivisions of the State of Minnesota, hereinafter referred to as the "City" and the "School District" respectively. For purposes of this Agreement, the address of the City is 8080 Mitchell Road, Eden Prairie, MN 55344-4485 and the address of the School District is 8100 School Road. WITNESSETH WHEREAS, the City entered into a lease with Hennepin County ("County") dated August 20, 2013, in which the City leased from the County Assisted Voting Technology equipment for a Citywide digital scan voting system, election hardware and services ("County Lease"). WHEREAS, the County Lease provides that the City may sublease to the School District the Election Equipment and AVT Equipment, as defined in Section 1, for use in School District elections. WHEREAS, the School District desires to sublease from the City some of the Election Equipment and AVT Equipment, as defined in Section 1, for use in School District elections. NOW THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the City and the School District agree as follows: Section 1 SCOPE OF AGREEMENT 1.1 The City hereby leases to the School District at the cost identified below and subject to the terms and conditions of this Agreement, and the School District hereby agrees to lease from the City election equipment identified as: five (5) DS200 Digital Scan Precinct Count Units and five (5) DS200 Plastic Ballot Boxes (the "Election Equipment") for polling places contained within the School District. 1.2 The City hereby leases to the School District subject to the terms and conditions of this Agreement, and the School District hereby agrees to lease from the City AVT Equipment identified as: five (5) AutoMARK Voter Assist Terminals and five (5) ES&S AutoMARK Tables with adjustable legs ("AVT Equipment") for polling places contained within the School District. 1.3 Subject to the terms and conditions of this Agreement, the parties may agree by written addendum executed by all the parties to increase or decrease the Election Equipment and AVT Equipment included within the scope of this Agreement. Page 1 of 7 1.4 In exchange for use of the Election Equipment and AVT Equipment the School District shall pay to the City, for the first year of this Agreement, a lump sum of $400, due and payable on October 1, 2013. At the beginning of each subsequent Agreement year, on October 1, the School District shall pay to the City a lump sum amount equal to 50% of the annual maintenance fee the City pays for each piece of equipment leased by the School District. Section 2 OWNERSHIP 2.1 The School District acknowledges that the County owns the Election Equipment and AVT Equipment and that the School District is authorized to use said Election Equipment and AVT Equipment for official election related purposes. Use of the Election Equipment and AVT Equipment for any other purpose is strictly prohibited absent express written consent of the City. 2.2 The School District acknowledges and agrees that the Election Equipment and AVT Equipment may contain proprietary and trade secret information that is owned by a third party and is protected under state and federal copyright law or other laws, rules, regulations and decisions. The School District shall protect and maintain the proprietary and trade secret status of the Election Equipment and AVT Equipment. Section 3 HANDLING OF EQUIPMENT AND INDEMNIFICATION 3.1 The School District shall be responsible for the Election Equipment and AVT Equipment while it is in the School District's custody, possession or control. The School District, either through insurance or a self-insurance program, shall be responsible for all costs, fees, damages and expenses including but not limited to personal injury, storage, damage, repair and/or replacement of the Election Equipment and AVT Equipment while it's in the School District's custody and this Agreement is in effect, consistent with the School District's defense and indemnity obligations contained in Section 7.6 herein. 3.2 The School District shall be responsible for the transporting of the Election Equipment and AVT Equipment from and to the City. The School District shall be responsible for all costs, including but not limited to shipping, related to the repair or replacement of lost, stolen, destroyed or damaged Election Equipment and AVT Equipment. 3.3 The Election and AVT Equipment shall be stored at the City. The School District shall arrange to pick up the Election and AVT Equipment no more than 4 weeks prior to the beginning of School District voting for each election. The School District shall return the Election and AVT Equipment to the City no more than 24 Page 2 of 7 hours after the end of School District voting for each election. The School District may arrange to pick up 1 AutoMARK Voter Assist Terminal, and 1 ES&S AutoMARK Table with adjustable legs, approximately six weeks prior to each election to be used for absentee voting. The equipment picked up for absentee voting must be returned within 24 hours of the end of School District voting for each election. Section 4 TERM, TERMINATION 4.1 This Agreement commences September 1, 2013 and expires August 31, 2014. Thereafter, this Agreement shall automatically renew for additional one year periods unless either party notifies the other party, on or before July 1st of that year, of its intention not to renew. Termination of this Agreement by the School District shall not relieve the School District of any duties or obligations hereunder including but not limited to the obligation to pay amounts due and payable. Upon expiration or any termination of this Agreement, the School District shall return the Election Equipment and/or AVT Equipment within a reasonable time and in good operating condition except for routine wear and tear. Section 5 MAINTENANCE 5.1 Maintenance. The City has entered into agreements for the maintenance of the Election Equipment and the AVT Equipment. The School District shall immediately report any maintenance issues to the City. The City shall arrange for the performance of all maintenance for the Election and AVT Equipment. 5.2 The School District agrees not to make any repairs, changes, modifications or alterations to the Election Equipment or AVT Equipment. 5.3 After reasonable notice, the City shall have the right to enter into and upon the premises where the Election Equipment and AVT Equipment is located for the purposes of inspecting the same or observing its use. On an annual basis, during the term of this Agreement, the School District shall comply with the City's request for verification of Election Equipment and AVT Equipment inventory. Section 6 PROGRAMMING AND ACCUMULATION 6.1 Programming. The School District will work directly with the County in regards for programming. The City will not be responsible for programming the Election Equipment or AVT Equipment for School District use. The School District is responsible for any programming costs. Page 3 of 7 Section 7 OTHER TERMS AND CONDITIONS 7.1 No Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. 7.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 7.3 Entire Agreement. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 7.4 No Assignment. Neither party shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. 7.5 No Warranty. CITY IS PROVIDING THE ELECTION EQUIPMENT AND AVT EQUIPMENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON- INFRINGEMENT, NO WARRANTY REGARDING THE USE OF THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Pursuant to the foregoing, the School District agrees that the City is furnishing the Election and AVT Equipment on an "as is" basis, without representation or any express or implied warranties, including but not limited to, fitness for particular purpose, merchantability or the accuracy and completeness of the Election Equipment or AVT Equipment. The City does not warrant that the Election Equipment and/or AVT Equipment will be error free. The City disclaims Page 4 of 7 any other warranties, express or implied, respecting this agreement or the Election or AVT Equipment. The School District's exclusive remedy and the City's sole liability for any substantial defect which impairs the use of the Election Equipment and/or AVT Equipment for the purposes stated herein shall be the right to terminate this Agreement. 7.6 IN NO EVENT SHALL THE CITY BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES (EVEN IF THE CITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) OR LOSS OF PROFIT, LOSS OF BUSINESS OR ANY OTHER FINANCIAL LOSS OR ANY OTHER DAMAGE ARISING OUT OF PERFORMANCE OR FAILURE OF PERFORMANCE OF THIS AGREEMENT BY THE CITY. The City and the School District agree each will be responsible for their own acts and omissions under this Agreement and the results thereof including but not limited to the acts or omissions of the party's subcontractors, employees and other personnel and shall to the extent authorized by law defend, indemnify and hold harmless the other party from any liability, claims, causes of action, costs or expenses resulting directly or indirectly from such acts and/or omissions. Each party shall not be responsible for the acts, errors or omissions of the other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. The statutory limits of liability for some or all of the parties may not be added together or stacked to increase the maximum amount of liability for any party. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. Nothing in this Agreement constitutes a waiver by the School District or City of any statutory or common law defenses, immunities, or limits on liability. 7.7 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: To the City: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 To the School District: Eden Prairie Schools Administrative Services Center 8100 School Road Eden Prairie, MN 55344 Page 5 of 7 7.8 Audit Provision. Both parties agree that either party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. 7.9 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this Agreement are incorporated into and made a part hereof by this reference. 7.10 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the School District and City hereof shall survive the completion of performance and termination or cancellation of this Agreement. 7.11 Authority. The person or persons executing this Lease Agreement on behalf of the School District and City represent that they are duly authorized to execute this Lease Agreement on behalf of the School District and the City and represent and warrant that this Lease Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. 7.12 The parties shall comply with applicable law including but not limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA). THE REMAINDER OF THIS PAGE IS BLANK. Page 6 of 7 AUTHORIZATION CITY OF EDEN PRAIRIE STATE OF MINNESOTA Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager EDEN PRAIRIE SCHOOL DISTRICT By: Its: And: Its: Page 7 of 7 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 20, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.P. Sue Kotchevar, Finance Award Contract with Dailey Data&Associates Manager for a new Point of Sale System for the Liquor Operations Requested Action Move to: Award contract to Dailey Data& Associates for a new Point of Sale System for the Liquor Operations Synopsis During 2013, staff conducted an RFP process for a new point of sale system for the liquor operations. The City has used Total Register for many years and wanted to explore the functionality available in other software programs. Four vendors provided proposals and all four gave demonstrations to City staff. Two of the vendors were asked back for more detailed demonstrations. Daily Data&Associates was chosen based on the increased functionality that will be provided to the City. The City will see the following increased functionality: • Improved efficiencies in purchasing due to improved purchase order process and the setting of minimum and maximum orders • Reduced data entry of invoices for liquor store staff due to the improved purchase order process • Touch POS screens and customer signature in an electronic signature pad • Line busting capability with the use of ipods and mobile equipment • More efficient wine club sign up with the ability to sign customers up at the time of sale • Improved interface with the City's financial system which will reduce liquor and finance staff data entry and data entry errors • Improved marketing capability with the ability to e-mail customers using the POS system The pricing from the four vendors ranged from$64,585 to$95,321. Dailey Data bid is$75,967. Staff believes Dailey Data&Associates is the best choice based on system functionality,reference checks, implementation plan, and initial and on-going training provided. The City of Lakeville municipal liquor operation also uses Dailey Data. Staff expects implementation of the software in October. Attachment Contract Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 20th day of August, 2013, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Dailey Data & Associates, a Minnesota Company (hereinafter "Consultant") whose business address is 701 Decatur Ave No. Golden Valley, MN 55426. 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 purchase and implementation of software and hardware for the liquor operations 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 ( Software Implementation ) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from August 21st, 2013 through December 31, 2013 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 in a total amount not to exceed $ 75,966.75 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. 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 Consultants 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 an itemized invoice for professional services performed under this Agreement. The City agrees to pay for hardware purchases up front, software upon installation, and other services as performed. 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 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. Standard Agreement for Professional Services Page 2 of 10 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 has designated A.J. Rivezzo to serve on the Project. They 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 designated staff from the Project 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. Audit Disclosure and Data Practices. Any reports, information, data, etc. 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. 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. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. A) This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non- performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. B) At any time on or after January 1, 2014, this Agreement may be terminated by either party for any reason by ninety (90) 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 Standard Agreement for Professional Services Page 3 of 10 . . .... ... .. .. ........... .... 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. 10. 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. 11. 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. 12. 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. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Standard Agreement for Professional Services Page 4 of 10 $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CO0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO forms CG 2010 07 04 and CG 2037 07 04, or their equivalent. g. ' If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability . arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed Standard Agreement for Professional Services Page 5 of 10 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. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. 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. F. 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 Standard Agreement for Professional Services Page 6 of 10 omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that 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: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. 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. 13. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 14. 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. 15. 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. Standard Agreement for Professional Services Page 7 of 10 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. 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 fora period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. 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. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. 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. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Standard Agreement for Professional Services Page 8 of 10 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager 1 FIRM NAME By: Its: Standard Agreement for Professional Services Page 9 of 10 E4,,,1„4- i-1 DAILEY DATA & ASSOCIATES 701 Decatur Ave No. Golden Valley MN 55426 Telephone: 763/253-0477 Fax: 763/253-0482 E-Mail: aj@daileydata.com August 5, 2013 Eden Prairie UNIT TOTAL SYSTEM CONFIGURATION CITY PRICE PRICE CounterPoint SQL Version 8.4.5.5 15 $ 1,190.00 $ 17,850.00 Options: Credit Cards (This option is free if RPS is used) 15 $ 190.00 $ 2,850.00 Offline Ticket Entry 15 $ 190.00 $ 2,850.00 Total Software: $ 23,550.00 Volume Discount 10 - 19 users purchased - 5 % $ (1,177.50) CounterPoint Subscription Service $ 2,826.00 Total Software: $ 25,198.50 Hardware: NCR P1530, Intel Atom D2700 Dual-Core 10 $ 1,695.00 . $ 16,950.00 ***Each unit comes with 12 month NBD warranty** Pole Display 2X20 Cust Display (175.00 Each) Optimus S Mobile Inventory Unit 3 $ 639.00 $ 1,917.00 MS 18.8 Retail Cash Drawer 10 $ 181.00 $ 1,810.00 Integration Tray 10 $ 125.00 $ 1,250.00 Keyboard with numeric keypad and touchpad 10 $ 105.00 $ 1,050.00 Bixolon Receipt Printer 10 $ 259.00 $ 2,590.00 Symbol LS2208 Barcode Scanner 10 $ 170.00 $ 1,700.00 PowerVar UPS 240VA 10 $ 245.00 $ 2,450.00 Ingenico ISC250 - Signature Capture Device 10 $ 559.00 $ 5,590.00 CPMobile Sled-- MSR annd Scanner 3 $ 550.00 $ 1,650.00 Blue Tooth Receipt printer 3 $ 350.00 $ 1,050.00 **CPMobile - Item and Customer lookup - No Chrge **CPMobile - Item and Customer lookup, plus line busting and Inventory Management 12 month contract- $75 /month /device 1 month contract- $125 /month /device Installation of CounterPoint, SQL , Offline 9 $ 125.00 $ 1,125.00 Data Conversion —Training Data\Production Data 12 $ 125.00 $ 1,500.00 Training \Configuration 42 $ 125.00 $ 5,250.00 ***Hardware numbers may change depending on existing hardware compatibility*** Grand Total ** Sales Tax Not included ** $ 71,080.50 —) Si 966,9J (An Pt Dailey Data & Associates e ,),)o a- 701 Decatur Avenue,North Suite 103 Golden Valley, MN 55441 Phone: 763-253-0481 Fax: 763-253-0482 Email: aj@daileydata.com Web: www.daileydata.com May 28,2013 TITLE PAGE Subject: Proposal-Point of sale System Contact Person: A.J. Rivezzo, Vice President Phone: 763-253-0477 Extension 6 Cell: 612-275-9909 Integrated business information solutions since 1979. Dailey Data & Associates 701 Decatur Avenue,North Suite 103 Golden Valley, MN 55441 Phone: 763-253-0481 Fax: 763-253-0482 Email: aj@daileydata.com Web: www.daileydata.com May 28,2013 ' Table of Contents 1. Title Page 2. Table of contents 3. Transmittal Letter 4. Detailed Proposal 5. References 6. Appendix A 7. Implementation Plan Integrated business information solutions since 1979. Dailey Data & Associates 701 Decatur Avenue,North Suite 103 Golden Valley, MN 55441 Phone: 763-253-0481 Fax: 763-253-0482 Email: aj@daileydata.com Web: www.daileydata.com May 28, 2013 Transmittal Letter Dailey Data&Associates Proposes to implement and support a new Point of Sale System for the Eden Prairie Liquor stores.We will commit to the time line as set forth by Eden Prairie.We are very experienced with the intricacies of converting a Municipal Liquor store operation. The attached proposal is a firm and irrevocable offer valid until June 1,2016. Qualifications and Experience Dailey Data&Associates has been a top ten NCR CounterPoint Dealer since 1994. Prior to that, Dailey Data assisted in other software implementations since 1979.We have had many successful Minnesota Municipal Liquor Conversions. See references. We are located in nearby Golden Valley and can easily attend to any issues,either remotely or on site,as the situation requires.Our staff of eight is well qualified to address any needs you might have. In addition,we have the support of NCR to back us up,if needed. Staff Qualifications and Experience A.J.Rivezzo and Mary Dailey are also owners and provide ongoing support with the other staff members. In addition to in house training,technicians are required to have training directly from NCR.We have very low turnover.The experience of our staff ranges from five to nineteen years.The stability of our staff insures that the quality of support will be maintained. Approach Typically installation,configuring and training take about four to six weeks,depending in the clients schedule. Prior to go live date,we convert data from existing system and use the data the client is familiar with to train and configure the touch screen and other buttons. For liquor stores in Minnesota we do the final conversion on Sunday, before the go live on Monday. Thorough training on each module is provided to management. POS clerks are usually trained by managers System Security will be set for each level of user and management will be instructed on maintenance. Additional training is supplied after installation as needed. Time Line attached. • Pricing The attached proposal is for nineteen CounterPoint users and can be adjusted for more or fewer users. Hardware is for ten POS station. It is assumed that the back office computers and the file server are in Eden Prairie, now. Dailey Data & Associates 701 Decatur Avenue,North Suite 103 Golden Valley, MN 55441 Phone: (763) 253-0481 Cell: (612) 275-9900 Fax: (763) 253-0482 Email: aj@daileydata.com Web: www.daileydata.com References: City of Lakeville Municipal Liquors 20195 Holyoke Avenue Lakeville, MN 5504 Brenda Visnoveck, Director of Liquor Operations (952)985-4901 bvisnovec@ci.lakeville.mn.us St.Anthony Village Liquor Stores 2602 39 Avenue St.Anthony, MN 55421 Mike Larson, Director of Liquor Operations (612) 782-3451 mike.Iarson@cisaint-anthony.mn.us Fridley Municipal Liquor Stores 248 57th Avenue N.E. Fridley, MN 55432 Kyle Burkholz, Liquor Operations Manager (763)571-1994 None Haskell's Liquor Stores 81 S 9th Street Minneapolis, MN 55402 Mark Knutsen, Operations Manager (612) 342-2437 inknutsen@haskells.com Integrated business information solutions since 1979 i 1 Ongoing software costs and services There are three options for this 1. Annual support contract:Paid in advance at a rate of$125.00 per month per location,includes upgrades but not customizations.. 2. Block of time purchased in advance. 24 hours at$115.00 per hour or 48 hours at$105.00 per hour. 3. Straight hourly at$125.00 per hour. CounterPoint subscription Service is a 12%annually of software cost by NCR to provide you with the latest upgrades and changes to the software. Dailey Data&Associates ` �/CVjI/...--- g2 AnthonyRivezzo ^�� v(A.J.) �� 0 Integrated business information solutions since 1979. Point of Sale Requirement City of Eden Prairie Exhibt A Company Name:Dailey Data&Associates Date:May 28,2013 Item 6 Needs Yes No Explanation-Add additional document if more space is needed. Please just reference item 6. POS/Registers Yes 1 Access Sales reports from POS terminals Yes 2 Ability to access hour sales reports from POS Yes 3 Ability to process returns at POS terminals Yes 4 Customized customer header and footer customer receipts Yes 5 Ability to handle cash and credit card transactions Yes 6 Ability to handle gift card sales and transactions Yes 7 Gift cards tracked by card number Yes 8 Portable POS terminals Yes 9 Electronic signature capturing for credit cards Yes 10 Supports Employee Discounts Yes 11 Touch screens at POS Yes 12 Supports discounts for wine club and beer club Yes 13 EOD reconciliation report for each POS terminal Yes 14 Training mode on POS terminals Yes 15 Ability to process transactions offline Yes 16 Enter customer information at POS for clubs - Yes 17 Supports case discounts Yes Security Parameters 18 Security parameters for employee discounts?Please explain Yes Employees are assigned a discount,If needs to override,only people with permission can do 19 Individual sign ons for registers and back office computers Yes 20 Tracking for discounts given at registers Yes 21 Ability to enter new sku's Yes 22 Ability to have multiple UPC's per item Yes 23 Minimum of 3 years of sales history maintained Yes 24 Ability to maintain vendor information and numbers - Yes 25 Ability to add and delete vendors Yes 26 Generate employee log reports with an audit trail Yes 27 Ability to track refunds/returns Yes 28 Assign access levels to each employee at registers and back office Yes Reporting 29 Access reports from back office computers Yes 30 Top sellers report Yes 31 Access to hourly sales reports in back office Yes 32 Access to hourly transaction reports from back office Yes 33 Ability to break down department sales daily Yes 34 Ability to manage inventory with stock room locations Yes 35 Low sales report Yes 36 Price variance reports Yes 37 Excess inventory reports Yes 38 Items sales history report Yes 39 Item reorder list Yes 40 Inventory turn report Yes 41 Inventory item report that shows days supply left Yes 42 Ability to show gross profit%on inventory by item and department Yes 43 Ability to show sales history on items Yes 44 Ability to export reports to excel Yes 45 Built in report generator(Ability to create what is needed) Yes 46 Gift cards sold,redeemed,and available balances reports? Yes 47 Gift cards are able to be sold and redeemed in same business day? Yes 48 Ability to look up inventory levels by department for each store Yes 49 Ability to save reports&email reports to finance? Yes Point of Sale Requirement City of Eden Prairie SO Ability to auto print montly reports at the end of each month? Yes Inventory S1 Ability to handle credits from vendors Yes 52 Set min/max order levels on each item Yes 53 Ability to create purchase order off of min/max order levels Yes 54 Receive product by purchase order and edit as needed Yes 55 Manually able to generate purchase order Yes 56 Ability to enter new items with hand held device Yes 57 Ability to enter new barcode at time of receiving Yes 58 Ability in system to mark items that are back ordered Yes 59 Ability to print shelf labels for new items upon accepting PO Yes 60 Ability to print UPC barcodes Yes 61 Scanning inventory into to stock Yes 62 Ability to do inventories in the stores on a quarterly basis Yes Credit Cards 63 Credit card processing.Is system compatable with Elavon merchant processing? Yes 64 If yes to 63,any additional processing fee? NO 65 If yes to 64,please list fees N/A 66 Are credit card numbers run through the POS Computer or,card terminal POS 67 Storing vs.not storing credit card numbers's?Please explain If you choose to store credit card numbers,they will be encrypted. Marketing 68 Ability to set up promotions Yes 69 Wine club and beer club data base Yes 70 Preferred customer data base Yes 71 Product and Pricing uploaded to website Yes 72 Emailing capabilities to customer base Yes 73 Ability to market to customer specifically from previous purchases Yes 74 Customer special orders Yes Maintenance 75 Maintenance contract offered?What does it consist of? See attached 76 What method is typically used for remote assistance? Logmein 77 How are upgrades handled? on Sunday.All stores ready at opening on Monday 78 Tech support available 8AM to 9PM 7 days a week.Regular support hours are Monday through Friday to SPM.Emergency after 5 Finance 80 Interfaces with JDE/Oracle Accounting software. A custom Interface is easily written 81 Ability to process house charges? Yes Multi Store Usage 82 Is your software currently used in a multi-store business?If so,where? Yes See references for a few examples 83 Ability to view customer information from any 3 stores Yes 84 Ability to view product information from another store Yes BS Supports store to store transfers Yes 86 Ability to print report of store transfers out and in Yes 87 How often is data synced between stores? As often as you wish.Every 30 minutes is typical.Can be done on demand. 88 Does the sync copyall data to 1 server or to all the stores"servers"? As you wish.Can be on all servers. 89 What is the method to check information at other stores? If it's On Hand status,then Item Zooms is the method 90 Supports multiple store usage(please explain) Yes Can have unlimited stores and companies 91 Multiple users able to access"corporate"system simultaneously? Yes 92 Auto transfer information from current system to new system We will transfer data from current system to new system Implementation 93 Document implementation process See attached Implementation Schedule 94 Time frame of implementation process See attached Implementation Schedule Training 95 Training during implementation process As often as you desire 96 Training after implementation As requested. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 14, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILQ. Kristi Etter, IT Manager Network Equipment Upgrades for Fiber Expansion Requested Action: Move to: Approve quote and authorize LOGIS to replace equipment in key locations to prepare for fiber expansion and to replace legacy equipment. Synopsis: In order to prepare for incoming fiber connections in various remote locations the networking equipment needs to be upgraded. LOGIS has quoted the costs associated with these upgrades including hardware and installation costs. It is important that we order this equipment now as LOGIS has acquired an additional discount from Cisco. The equipment must be ordered prior to the end of September. The attached quote covers equipment replacements at these locations: • Police Data Center • City Hall Data Center • Council Chambers • Fire Stations 2 & 3 • Liquor Store 2 • Pool at Oak Point Background Information: Software has been upgraded on an as needed basis until end-of-life was reached on the equipment. The last equipment upgrades were as listed below: 1/1/2008 City Hall 4506 1/1/2007 Fire 3 2950 5/1/2008 Police 4506 1/1/2007 Liquor 2 2950 1/1/2006 City Hall (Council Chambers) 1/1/2007 Pool 2950 1/1/2007 Fire 2 2950 Attachment: LOGIS Quote 4507-SUP7 ' Total Extended List Customer Extended Qty Part# Description List Price Price Discount Price Price 124,637.64 Police(reuse 3-4548) 4507-SUP7 ' 20,225.96 1 WS-C4507RE+96V+ WS-C4507R+E Chassis,two WS-X4648-RJ45V+E,Sup7L-E,LAN Base $22,000.00 22,000.00 43.50% 12,430.00 12,430.00 1 PWR-C45-2800ACV Catalyst 4500 2800W AC Power Supply(Data and POE) 1,995.00 1,995.00 43.50% 1,127.18 1,127.18 1 CAB-AC-2800W-TWLK U.S.Power Cord,Twist Lock,NEMA 6-20 Plug $0.00 - 43.50% - - 1 C4500E-S7L-DEFAULT Default WS-X45-SUP7L-E with WS-X4648-RJ45V+E Bundle $0.00 - 43.50% - - O WS-X4648-RJ45V+E Catalyst 4500 E-Series 48-Port PoE+Ready 10/100/1000(RJ45) $7,495.00 - 43.50% 4,234.68 - O WS-X4624-SFP-E Catalyst 4500 E-Series 24-Port GE(SFP) $20,000.00 - 43.50% 11,300.00 - 1 C4500E-LB-IPB Lan Base to IP Base license $9,995.00 9,995.00 43.50% 5,647.18 5,647.18 1 S45EUK9-34-1512SG CAT4500e SUP7-E/SUP7L-E Universal Crypto Image $0.00 - 43.50% - - 1 WS-X4648-RJ45V+E Catalyst 4500 E-Series 48-Port PoE+Ready 10/100/1000(RJ45) $0.00 - 43.50% - - 1 WS-X45-SUP7L-E Catalyst 4500 E-Series Supervisor 7L-E,520Gbps $0.00 - 43.50% - - 1 CON-SNT-C4507REV SMARTNET 8X5XNBD WS-C4507R+E Chassis,2 WS-X4648-RJ45V+E $1,277.00 1,277.00 20.00% 1,021.60 1,021.60 Data Center EP-csr reuse 1-4548 4507-SUP7 31,525.96 1 WS-C4507RE+96V+ WS-C4507R+E Chassis,two WS-X4648-RJ45V+E,Sup7L-E,LAN Base $22,000.00 22,000.00 43.50% 12,430.00 12,430.00 1 PWR-C45-2800ACV Catalyst 4500 2800W AC Power Supply(Data and POE) 1,995.00 1,995.00 43.50% 1,127.18 1,127.18 1 CAB-AC-2800W-TWLK U.S.Power Cord,Twist Lock,NEMA 6-20 Plug $0.00 - 43.50% - - 1 C4500E-S7L-DEFAULT Default WS-X45-SUP7L-E with WS-X4648-RJ45V+E Bundle $0.00 - 43.50% - - O WS-X4648-RJ45V+E Catalyst 4500 E-Series 48-Port PoE+Ready 10/100/1000(RJ45) $7,495.00 - 43.50% 4,234.68 - 1 WS-X4624-SFP-E Catalyst 4500 E-Series 24-Port GE(SFP) $20,000.00 20,000.00 43.50% 11,300.00 11,300.00 1 C4500E-LB-IPB Lan Base to IP Base license $9,995.00 9,995.00 43.50% 5,647.18 5,647.18 1 S45EUK9-34-1512SG CAT4500e SUP7-E/SUP7L-E Universal Crypto Image $0.00 - 43.50% - - 1 WS-X4648-RJ45V+E Catalyst 4500 E-Series 48-Port PoE+Ready 10/100/1000(RJ45) $0.00 - 43.50% - - 1 WS-X45-SUP7L-E Catalyst 4500 E-Series Supervisor 7L-E,520Gbps $0.00 - 43.50% - - 1 CON-SNT-C4507REV SMARTNET 8X5XNBD WS-C4507R+E Chassis,2 WS-X4648-RJ45V+E $1,277.00 1,277.00 20.00% 1,021.60 1,021.60 Council Chambers reuse 3-4548 4510-SUP7 A 36,053.52 1 WS-C4510RE-S7+96V+ 4510R+E Chassis,Two WS-X4748-RJ45V+E,Sup7-E $33,000.00 33,000.00 43.50% 18,645.00 18,645.00 1 PWR-C45-2800ACV Catalyst 4500 2800W AC Power Supply(Data and POE) 1,995.00 1,995.00 43.50% 1,127.18 1,127.18 1 CAB-AC-2800W-TWLK U.S.Power Cord,Twist Lock,NEMA 6-20 Plug $0.00 - 43.50% - - 1 C4500E-S7L-DEFAULT Default WS-X45-SUP7L-E with WS-X4648-RJ45V+E Bundle $0.00 - 43.50% - - 2 WS-X4648-RJ45V+E Catalyst 4500 E-Series 48-Port PoE+Ready 10/100/1000(RJ45) $7,495.00 14,990.00 43.50% 4,234.68 8,469.36 O WS-X4624-SFP-E Catalyst 4500 E-Series 24-Port GE(SFP) $20,000.00 - 43.50% 11,300.00 - 1 C4500E-LB-IPB Lan Base to IP Base license $9,995.00 9,995.00 43.50% 5,647.18 5,647.18 1 S45EUK9-34-1512SG CAT4500e SUP7-E/SUP7L-E Universal Crypto Image $0.00 - 43.50% - - 1 WS-X4648-RJ45V+E Catalyst 4500 E-Series 48-Port PoE+Ready 10/100/1000(RJ45) $0.00 - 43.50% - - 1 WS-X45-SUP7L-E Catalyst 4500 E-Series Supervisor 7L-E,520Gbps $0.00 - 43.50% - - 1 CON-SNT-C4507REV SMARTNET 8X5XNBD WS-C4507R+E Chassis,2 WS-X4648-RJ45V+E $2,706.00 2,706.00 20.00% 2,164.80 2,164.80 Fire 2,Liquor 2,Fire 3,Pool upgraded from 2950x 13,635.20 4 WS-C3560X-24P-S Catalyst 3560X 24 Port POE IP Base 5,100.00 20,400.00 43.50% 2,881.50 11,526.00 4 C3KX-NM-1G Catalyst 3K-X 1G Network Module option PID 500.00 2,000.00 43.50% 282.50 1,130.00 O C3KX-NM-10G Catalyst 3K-X 10G Network Module option PID 2,500.00 - 43.50% 1,412.50 - 4 CAB-3KX-AC AC Power Cord for Catalyst 3K-X(North America) - 43.50% - - 4 S356XVK9T-12255SE CAT 3560X IOS UNIVERSAL WITH WEB BASED DEV MGR - - 43.50% - - 4 C3KX-PWR-715WAC Catalyst 3K-X 715W AC Power Supply - - 43.50% - - 4 CON-SNT-3560X2PS SMARTNET 8X5XNBD Catalyst 3560X 24 Port POE IP Base 306.00 1,224.00 20.00% 244.80 979.20 Miscellanous 15,376.00 14 GLC-LH-SM= GE SFP,LC connector LX/LH transceiver $429.00 6,006.00 0.00% 429.00 6,006.00 O GLC-SX-MM= GE SFP,LC connector SX transceiver $198.00 - 0.00% 198.00 - O GLC-ZX-SM GE SFP,LC connector ZX transceiver $2,496.00 - 0.00% 2,496.00 - O GLC-T GE SFP,1000Base-T copper $244.00 - 0.00% 244.00 - 6 SFP-IOG-SR IOGBASE-SR SFP Module 1,495.00 8,970.00 0.00% 1,495.00 8,970.00 O SFP-IOG-LR IOGBASE-LR SFP Module 3,995.00 - 0.00% 3,995.00 - 6 MM fiber patch cable Multi Mode SC-LC DPLX fiber patch cable 2 meters $20.00 120.00 0.00% 20.00 120.00 14 SM fiber patch cable Single Mode SC-LC DPLX fiber patch cable 2 meters $20.00 280.00 0.00% 20.00 280.00 O SM fiber patch cable Single mode APC/SC to LC duplex fiber patch cable 3 meters $50.00 - 0.00% 50.00 - Network Services labor estimate 7,821.00 20 Police Network Services Labor for switch configuration.Installation,and testing $99.00 1,980.00 0.00% 99.00 1,980.00 Page 1 of 2 4507-SUP7 ' Total Extended List Customer Extended Qty Part# Description List Price Price Discount Price Price 124,637.64 20 Data Center Network Services Labor for switch configuration.Installation,and testing $99.00 1,980.00 0.00% 99.00 1,980.00 20 Council Chambers Network Services Labor for switch configuration.Installation,and testing $99.00 1,980.00 0.00% 99.00 1,980.00 4 Fire 2 Network Services Labor for switch configuration.Installation,and testing $99.00 396.00 0.00% 99.00 396.00 4 Liquor 2 Network Services Labor for switch configuration.Installation,and testing $99.00 396.00 0.00% 99.00 396.00 4 Fire 3 Network Services Labor for switch configuration.Installation,and testing $99.00 396.00 0.00% 99.00 396.00 4 Pool Network Services Labor for switch configuration.Installation,and testing $99.00 396.00 0.00% 99.00 396.00 3 Liq 1&2,Fire 4 Network Services Labor for switch configuration.Installation,and testing $99.00 297.00 0.00% 99.00 297.00 Total cost per detail 124,637.64 Less additonal Cisco Discount Estimated (11,945.04) Contingency 5% 6,231.88 Grand Total. (Does not include sales tax.) 118,924.48 Hardware is estimated on a 5 year replacement cycle that the city should budget in their 5 Years 23,784.90 Capital Replacement costs: Yearly hardware/Software Maintenance 5,187.20 Page 2 of 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 14, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.R. Kristi Etter, IT Manager School Partnership for Fiber Expansion Requested Action: Move to: Approve partnership with the Eden Prairie School District to expand the existing fiber optic network as well as build in redundancy. Synopsis: This partnership will enable the collaboration for fiber connectivity between the respective fiber optic networks to expand current networks, and to enable sharing of resources. In the agreement the City agrees to pay $75,000 towards the expansion of the School District's fiber optic network, to which the City will connect in order to expand the existing network and build in redundancy. A third partner to this project could be Hennepin County IT. Background Information: Coupled with a future project to expand the City's fiber optic network, this project will provide enhanced connectivity and redundancy in the current fiber optic network, as well as, eliminate the need for the Alvarion Wireless solutions currently in place at several remote locations. Attachment: Agreement FIBER OPTIC COLLABORATON AGREEMENT BETWEEN EDEN PRAIRIE SCHOOLS AND CITY OF EDEN PRAIRIE This Agreement(the "Agreement") is made by and among Eden Prairie School District No. 272, (hereafter"District"), and the City of Eden Prairie, MN, (hereafter" City") on this day of , 2013 (the "Effective Date"). WHEREAS, the District and City are interested in collaborating for fiber connectivity between their respective fiber optic networks to expand their current networks, and to enable sharing of resources of each; and WHEREAS, the District is constructing a fiber optic segment between the District fiber network that will be used to connect to the adjacent Hopkins School District No. 270 (hereafter"Eden Prairie-Hopkins Interconnect"); and WHEREAS, the City is interested in collaborating with the District in the construction of the Eden Prairie-Hopkins Interconnect and have agreed to equally own the fibers in the Eden Prairie- Hopkins Interconnect. NOW THEREFORE, in consideration of the mutual covenants and agreements set forth here in, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I. Responsibilities of the District. The District agrees: 1. To have constructed a fiber segment between the District fiber network and Hopkins fiber network as per details listed in Attachment A. 2. To provide two single mode fiber on District fiber for use by the City to connect City's facilities. 3. To maintain at the District cost the District fiber network including the fiber allocated for City use. 4. To allow the City to construct on District property any fiber segments needed to connect City facilities to the fiber allocated on District network for City use. 5. To cooperate with the City staff and any third party designated by the City for testing and problem resolution related to fiber allocated on District fiber network for City use. II. Responsibilities of the City. The City agrees: 1. To provide two single mode fiber on City fiber network for use by the District to connect District facilities. 2. To maintain at the City cost the City fiber network including the fiber allocated for District use. 3. To allow the District to construct on City property any fiber segments needed to connect District facilities to the fiber allocated on City network for District use. 4. To cooperate with the District staff and any third party designated by the District for testing and problem resolution related to fiber allocated on City fiber network for District use. III. Cost Sharing: The Parties shall share in the cost of the fiber connection as follows: 1. The one time construction cost and the annual maintenance cost including any relocation cost of the "Eden Prairie-Hopkins Interconnect" shall be equally shared by the District and the City. 2. The District or its designated third party shall administer the "Eden Prairie- Hopkins Interconnect" and bill the City every six months. 3. Each party shall be responsible for maintaining their own fiber network. IV Connection Beyond the Eden Prairie-Hopkins Interconnect: Each party shall be responsible for arranging for any fiber connectivity beyond the Eden Prairie-Hopkins Interconnect points. V. Term. The term of this Agreement shall be for twenty years and shall be automatically renewed for additional five year terms unless terminated under Section VI hereof. VI. Termination. This agreement may be terminated by any Party at the end of the initial term or any extension thereof by giving 180 days written notice prior to the termination. Any Party may terminate this Agreement for material breach 90 days after giving written notice to the breaching Party describing in reasonable detail the nature, scope and extent of the breach if the noticed Party has not remedied the breach by that time. VII. Authorized Representatives. Each Party shall designate a representative for purposes of administration of this Agreement(the "Authorized Representative"). Each Authorized Representative shall have authority for acceptance of services and shall be the point of contact for all payments due under this Agreement. A Party changing the designation of its Authorized Representative shall notify the other Party pursuant to the notice provision of this Agreement. District Authorized Representative: Executive Director of Technology Eden Prairie Schools City of Eden Prairie Authorized Representative: City Manager City of Eden Prairie 2 VIII. Assignment. Except as specifically provided herein, the Parties shall not assign, transfer or delegate any rights or obligations under this Agreement either directly or indirectly by any means, by operation of law or otherwise without the prior written consent of the other Parties, which consent shall not be unreasonably withheld. IX. Amendments. This Agreement contains all the terms agreed to by the Parties and any promise or communications of any type not reflected in the Agreement are null and void. Any amendments to this Agreement shall be in writing and shall be approved by the governing Board of each party. X. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. XI. Notices. All notices and other communications required or permitted hereunder shall be given in writing and shall be: personally delivered or sent to the Parties at their respective addresses by registered or certified U.S. mail, return receipt requested and postage prepaid, or by private overnight mail courier service. XII. Force Majeure. The Parties understand that acts of God, acts of civil or military authority, government regulations, embargoes, epidemics, war, terrorist acts, riots, fires, explosions, earthquakes, floods or other unusually severe weather conditions or other environmental disturbances, strikes, or other circumstances not under the control of the Parties ("Force Majeure")may delay performance as set forth in this Agreement. In the event a Force Majeure event materially limits one or all of the Parties' ability to perform under this Agreement such limitation shall not be considered a breach of the terms of this Agreement. XIII Liability. The Parties are liable to each other only to the extent the negligent actions or inactions of one of the Parties proximately cause direct out-of-pocket costs to one of the other Parties. The Parties are not responsible for lost services, lost revenues, lost profits, indirect, consequential or special damages or attorneys' fees incurred by each other. Each party to the extent allowable under State of Minnesota law, shall defend, indemnify, and hold harmless the other party against any claims brought or actions filed against the other party or any of its officers, employees, or agents for damages arising out of, or relating to, the performance of the offending party under this Agreement. The aggrieved party shall have the right to choose its own legal counsel and to seek reimbursement from the offending party for the costs of defending any legal action for damages arising out of, or relating to, the performance of the offending party, or a third-party contracted by the offending party,under this Agreement. XIV Insurance. Each Party represents that it carries the insurance coverage necessary for school districts, municipalities and/or joint powers organizations under Minnesota law and has and will maintain coverage for operations. No party waives its limitations on liability under State of Minnesota Law, Chapter 466. XV Dispute Resolution. If the District and City cannot agree on any matter arising out of this Agreement, after a reasonable period of good faith negotiations, they agree to engage a qualified 3 third party to mediate the disagreement, and share the costs of the mediator on an equal basis. The Parties will work in good faith with the mediator to find an acceptable solution and must reduce any settlement agreement to writing. Any such agreement must be incorporated into and made a part of this Agreement. If a mediated agreement cannot be reached each Party has available to it all rights in law or equity. XVI. Miscellaneous. 1. The failure of a Party to give notice of default, or to enforce or insist upon compliance with any of the terms or conditions of this Agreement, the waiver of any term or condition of this Agreement, or the granting of any extension of time for performance, shall not constitute the permanent waiver of any term or condition of this Agreement, and this Agreement and each of its provisions shall remain at all times in full force and effect until modified by the Parties in writing. 2. This Agreement sets forth the entire understanding of the Parties. 3. This Agreement shall be binding and inure to the benefit of the Parties hereto and their respective successors and assigns. 4. Each Party warrants and represents that it is duly authorized to execute this Agreement. 5. The headings of this Agreement are inserted for convenience only and shall not constitute a part hereof IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed intending to be bound thereby. For Eden Prairie School District 272 For City of Eden Prairie By: By: Title: Mayor By: Title: Eden Prairie City Manager 4 ATTACHMENT A—Eden Prairie-Hopkins Interconnect Details 1. The fiber segment shall interconnect District hand-hole located at the intersection of Eden Prairie Road and Valley View Road and intersection of Gatewood Drive and Eden Prairie Road. 2. The fiber segment shall consist of a single 11/4" conduit populated with 12 single mode fiber. The District and the City shall each have access to six fibers for their respective use. 5 CITY COUNCIL AGENDA DATE: SECTION: Consent August 20, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.VIILS. Community Development Resolution authorizing 2013 CDBG Janet Jeremiah Subrecipient Agreements Housing& Community Services Molly Koivumaki Requested Council Action Move to: Adopt resolution approving the 2013 CDBG Subrecipient Agreements for activities to be undertaken with program funds. Synopsis The City is required to execute subrecipient agreements for each CDBG activity approved for funding. These agreements specify the requirements for implementing each activity. Activities approved by the City Council for 2013 include: # Human Services Activity Funding Level 1 I PROP (People Reaching Out to Other People) $25,000 2 Southdale YMCA $10,000 3 Independent School District 272 $5,000 4 HOME (Household& Outside Maintenance for $9,000 the Elderly) 5 Emergency Vehicle Repair $15,000 Sub Total $64,000 Housing Activities Funding Level 6 Housing Rehabilitation Deferred Loan Program $106,187 7 Affordable Housing -WHAHLT $55,000 8 Fair Housing Initiative $2,530 9 Program Administration $25,300 Total $253,017 Background Eden Prairie is the recipient of an annual grant from the U. S. Department of Housing and Urban Development. Program regulations require that a Subrecipient Agreement be executed by the City and subrecipients which set forth the specific implementation processes for activities to be undertaken with program funds. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENTS FOR THE 2013 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) WHEREAS Eden Prairie is the recipient of an annual grant from the U.S. Department of Housing and Urban Development, and PROP, Senior Community Services, YMCA, Independent School District 272, Community Action Partnership of Suburban Hennepin County, and West Hennepin Affordable Housing Land Trust are subrecipients that receive a share of the grant; and WHEREAS,program regulations require that a Subrecipient Agreement be executed by the City and subrecipients which set forth the specific implementation processes for activities to be undertaken with program funds. BE IT RESOLVED that the City Council of the City of Eden Prairie hereby authorizes and directs the Mayor and the City Manager to execute the Subrecipient Agreements between the City and the subrecipients on behalf of the city. ADOPTED by the Eden Prairie City Council on this 20th day of August, 2013. Nancy Trya-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 20, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.T. Jay Lotthammer, Director, Purchase Life Fitness Treadmills— Parks and Recreation Community Center Requested Action Move to: Authorize the purchase of twelve Life Fitness treadmills to replace old treadmills at Eden Prairie Community Center, at a cost not of$75,637.96 Synopsis The Community Center has a comprehensive equipment replacement plan to ensure equipment remains current and operational within industry standards. CIP funds have been set aside for the replacement of fitness equipment on an annual basis as the equipment becomes aged and obsolete. The Community Center currently owns twelve Life Fitness treadmills that were purchased in 2008. These pieces have reached the end of their life cycle, have high mileage and are showing signs of wear. Life Fitness equipment provides state of the art fitness equipment for both commercial and residential use. Attachments Price Quote Quote# 1264126 - 1 404iffraerrs Date 22-JUL-2013 Expires 15-OCT-2013 WHAT WE LIVE FOR Ship To CITY OF EDEN PRAIRIE COMMUNITY CENTER 16700 VALLEY VIEW RD Nohhhh. EDEN PRAIRIE, HENNEPIN MN 55346 United States Contact : BETH DEGREE 0: 1-952-9498447 Page 1/2 M: F: Email: BDEGREE@EDENPRAIRIE.ORG Sales Representative Bill To CAROL GRAHL O: 952-687-7627 CITY OF EDEN PRAIRIE COMMUNITY CENTER M: 952-687-7627 16700 VALLEY VIEW RD F: 952-516-5763 EDEN PRAIRIE,HENNEPIN Email: Carol.Grahl@Lifefitness.com MN 55346 US Life Fitness Contact : Phone: Main (847) 288-3300 0: Toll Free (800) 735-3867 M: Life Fitness F: Email: 5100 North River Road Schiller Park, IL 60176 USA Line Item Qty Unit Price Unit Unit Selling Total Discount Price Selling Price 1 95T 9 -1,200.00 0.00 -1,200.00 -10,800.00 CPO ELEVATION INSPIRE DOM LOW VOLT TRADE ALLOWANCE 2 95TES 11 10,499.00 -3,000.00 7,499.00 82,489.00 DISCOVER 19 SE 95TE SILVER TREAD ATSC LV 3 95TES 1 10,499.00 -10,499.00 0.00 0.00 DISCOVER 19 SE 95TE SILVER TREAD ATSC LV 1264126 - Quote# 1 WHAT WE LIVE FOR Date 22-JUL-2013 Expires 15-OCT-2013 Page 2/2 PO Number Subtotal Payment Type List Price 115,188.00 Payment Terms NET 30 Total Adjustment -43,499.00 Freight Terms Selling Price 71,689.00 FOB Freight/Fuel/Installation 3,948.96 Tax TAXES AS APPLICABLE Total with Options(USD) 75,637.96 Notes: ADDITIONAL TERMS OF SALE: Manufacturer REQUIRES that Synrgy360s be secured to the floor to stabilize and eliminate rocking or tipping over. Manufacturer REQUIRES that the following products be secured to the floor when used with body weight strap training products to stabilize and eliminate rocking or tipping over: Cable Motion (CMDAP, OSDAP, CMACO,CMFCO), All Jungles (MJ), Smith Machines (SSM, HSSM, OSSM), All HD Elite Racks (HDE), & Athletic Series Racks (ASPR, HDHR). FOB Life Fitness' dock. Invoice will issue on shipment. Life Fitness may ship partial orders. Terms and Conditions of Sale which appear on purchaser's document (including Purchase Orders) and which are inconsistent with these terms shall be voided. Orders canceled after shipment (or after production starts for Built-To-Order products) are subject to a 20% restocking fee. Delays in delivery at customer request may result in storage fees. Prices are good for 30 days. All invoices will be in U.S. dollars and will reflect Exchange Rate at time of shipment. Payment terms and credit lines are subject to Life Fitness credit approval. Further, until any Products are paid for in full, Customer hereby grants to, and Life Fitness shall retain, a security interest in and lien on all Products sold to Customer and all proceeds arising out of the sale of the Products by Customer and all discounts, rebates and other funds on Customer's account payable by Life Fitness. Upon Life Fitness' request, a Customer shall execute such documents that may be necessary or reasonable to perfect Life Fitness' security interest. CITY OF EDEN PRAIRIE COMMUNITY CENTER USD OPERATING UNIT Signature Signature Name Name Title Title Effective Date CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 20, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.U. Joyce Lorenz Approve Purchase of HD Playback Equipment Communications Manager for Eden Prairie Government Access Channel Requested Action Move to: Approve Purchase of HD Playback Equipment for Eden Prairie Government Access Channel Synopsis As a result of the franchise agreement with Comcast enacted in 2012, the City of Edina will soon become the broadcast"head end" for all member Southwest Suburban Cable Commission cities —this includes public, educational and government access (PEG) channels. The franchise agreement also states the one of the access channels can be broadcast in high definition(HD), and the Commission has determined the government access channels to be broadcast in HD. Eden Prairie's content will be simulcast, appearing in standard definition on Channel 16 and in HD on a yet-to-be determined channel. The HD channel will likely be in the 800 series. The cities of Eden Prairie and Edina formed a partnership in late 2011 in which Edina produces Eden Prairie's video content. A key component of this agreement is Edina managing Eden Prairie's broadcast functions as well, which requires both cities to purchase new equipment and upgrade Edina's existing equipment. Per the agreement, Eden Prairie is responsible for reimbursing Edina for the purchase of the equipment necessary for cablecasting Eden Prairie's government access channel, as well as half of Edina's equipment upgrade and equipment moving costs. The total cost of this project is $113,363, and each city is responsible for$56,681.50. Below is a breakdown of costs: • Cablecast equipment and installation $70,513 • New related mounts and racks, and move and installation of equipment $18,050 • Comcast equipment for transmitting signals—$24,800 The cablecast servers have a typical life span of five to seven years. Routing and other equipment have an estimated 10-to 15-year life span. Eden Prairie's share will be paid using PEG franchise fees, which can only be spent on capital audio-visual expenditures such as this. Eden Prairie will receive approximately $70,000 in PEG franchise fees in 2013. Upon approval of this purchase, Comcast will be notified in writing of Eden Prairie's and Edina's intent to broadcast in HD—a requirement of the franchise agreement. Comcast will have 90 days to implement the equipment necessary for such playback. Until then, programming on the two government access channels will be broadcast in standard definition only. AGREEMENT AGREEMENT made this day of , 2013, by and between the CITY OF EDINA, a Minnesota municipal corporation("Edina") and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation("Eden Prairie"). RECITALS A. Eden Prairie has requested that Edina provide Eden Prairie certain video production services and manage their playback from the Edina City Hall. B. Edina is willing to provide Eden Prairie video production services subject to the terms of this Memorandum of Understanding and manage their playback from the Edina City Hall. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. EQUIPMENT. The City of Edina will purchase the equipment and services listed on the attached Exhibit"A." The City of Eden Prairie will reimburse Edina Fifty-six Thousand Six Hundred Eighty-one ($56,681.00) Dollars for its share of the cost. Eden Prairie will be the owner of the Eden Prairie Tightrope Server and Edina will be the owner of the other equipment listed on Exhibit"A." Edina will enter into maintenance contracts for the equipment and Eden Prairie will reimburse Edina for fifty (50%)percent of the cost as well as fifty(50%) percent of the costs of any repairs or replacements. 2. VIDEO PRODUCTION. EDINA 16 crew will create public service announcements, commercials, special events and other projects as requested. A timeline for each project will be created and agreed upon by Edina's Video Production Coordinator and a responsible member of the Eden Prairie Communications Division. EDINA 16 crew will use its own cameras and editing equipment for these projects. 3. PSA. When the City of Edina creates a new PSA that might be relevant for Eden Prairie viewers, Eden Prairie will be asked if an Eden Prairie version should be created. Eden Prairie would be charged only for the time it takes to create a personalized version. 4. MEETING BROADCASTS. EDINA 16 crew will serve as a backup to Eden Prairie's meeting producer for broadcast of Eden Prairie Planning Commission and City Council meetings. Eden Prairie's regular meeting producer should arrive an hour before each scheduled meeting to test and prepare equipment. EDINA 16 crew will log in to Eden Prairie's Granicus account after each meeting to trim the video. The crew will also upload the video to YouTube, if requested by Eden Prairie. 5. SCHEDULING PLAYBACK/SETTING MONTHLY BROADCAST SCHEDULE. Each month, City of Eden Prairie staff will create a broadcast schedule. EDINA 16 crew members will manage the Eden Prairie playback from the Edina City Hall. 1 6. VIDEO BULLETIN BOARD. EDINA 16 crew will oversee Eden Prairie's video bulletin board equipment and broadcast and provide assistance to Eden Prairie in creating messages for the Eden Prairie bulletin board. 7. RECOMMENDATIONS FOR EQUIPMENT UPGRADES AND REPLACEMENTS. The City of Edina will make recommendations for equipment replacement as requested. It is recommended that a 5-, 10- and 15-year capital improvement plan be drafted for the Council Chambers and its related equipment. EDINA 16 crew will review any equipment in question in the Council Chambers and Control Room, but cannot be on call for equipment emergencies. 8. COMPENSATION. Eden Prairie shall pay Edina for the services described in this Memorandum of Understanding Forty ($40.00) Dollars per hour for the hours worked by Edina employees. Eden Prairie shall also reimburse Edina for all out-of-pocket costs incurred in providing the services. Edina shall invoice Eden Prairie monthly. Payment shall be made by Eden Prairie within thirty-five (35) days of receipt of an invoice. 9. STANDARD OF CARE. Edina shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional Edina employee under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. 10. INDEMNIFICATION. Eden Prairie agrees to defend, indemnify, and hold harmless Edina against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of Eden Prairie and/or those of Eden Prairie employees or agents. Edina agrees to defend, indemnify, and hold harmless Eden Prairie against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement for which Edina is responsible, including future operation and maintenance of facilities owned by Edina and caused by or resulting from negligent acts or omissions of Edina and/or those of Edina employees or agents. All parties to this agreement recognize that liability for any claims arising under this agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against either party, nothing in this agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. 11. WAIVER. Any and all persons engaged in the work to be performed by Edina shall not be considered employees of Eden Prairie for any purpose, including Worker's Compensation, or any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said Edina employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of Eden Prairie. The opposite situation shall also apply: Eden Prairie shall not be responsible under the Worker's Compensation Act for any employees of Edina. 2 12. AUDITS. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of Eden Prairie and Edina relevant to the Agreement are subject to examination by Eden Prairie, Edina, and either the Legislative Auditor or the State Auditor as appropriate. Eden Prairie and Edina agree to maintain these records for a period of six years from the date of performance of all services covered under this agreement. 13. INTEGRATION. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations, or agreements between Eden Prairie and Edina regarding the Project; whether written or oral. 14. TERM. Either party may terminate this Memorandum of Understanding on thirty (30) days advance written notice to the other party. IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized officials. CITY OF EDEN PRAIRIE CITY OF EDINA BY: BY: Nancy Tyra-Lukens, Mayor James Hovland, Mayor AND AND Rick Getschow, City Manager Scott Neal, City Manager Doc.#171717v.1 RNK:7/31/2013 3 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing August 20, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 01-5537 ITEM NO.: IX.A. Rod Rue Approve Amended Feasibility Report Public Works/Engineering for Eden Prairie Road(South of Riley Creek) Street and Utility Improvements Requested Action Move to: • Close the public hearing; and • Adopt the resolution approving Amended Feasibility Report for Eden Prairie Road(South of Riley Creek) Street and Utility Improvements. Synopsis This resolution requires 4/5ths approval. On November 20, 2012, the City Council held a public hearing and adopted a resolution ordering the improvements and the preparation of plans and specifications for the Eden Prairie Road (south of Riley Creek) Street and Utility improvements. However, at the public hearing there were some concerns regarding the overall funding of the project which included neighborhood assessments and the Metropolitan Airport Commission's (MAC's) share of the improvements. Consequently, we have amended the feasibility report to address these concerns and updated appropriate information. The significant changes to the report include the following: • The number of potential (developable)units has changed on three parcels within the Runway Protection Zone of Flying Cloud Airport based on information provided by MAC. • The total number of benefitting units has increased from 330 to 355 in the improvement area. • Anticipated easement costs of$200,000 were included in the estimated total project costs due to updated acquisition information. • Assessments for all properties with frontage on Eden Prairie Road were totaled and averaged to provide a consistent assessment per unit for all frontage properties. The modifications to the feasibility report were presented to the neighborhood, together with preliminary construction plans, at a neighborhood meeting on May 22, 2013. Based on the Eden Prairie Road(south of Riley Creek) Amended Feasibility Report, it is determined that the proposed improvements are feasible, cost effective and necessary and the resulting benefit will equal or exceed the proposed assessments to the abutting and benefitting properties. It is therefore recommended that the City Council direct staff to proceed with the project on a schedule similar to the one suggested in the report. Since the City Council authorized the preparation of the feasibility study without a valid petition, approvals associated with this project will require a 4/5 majority vote. Background The City Council authorized a feasibility study of street and utility improvements for Eden Prairie Road(south of Riley Creek) on October 16, 2001. The project lingered for years with minimal support from area residents. Several neighborhood meetings were held over the years to discuss interest and timing of the project. The neighborhood generally wanted the project to be delayed until two primary concerns were addressed. The concerns were the completion of Prospect Road and a good market for developable land. Both of these concerns have been addressed so the timing of this project is appropriate. Attachments • Feasibility Report • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2013- RESOLUTION APPROVING AMENDED FEASIBILITY REPORT FOR EDEN PRAIRIE ROAD (SOUTH OF RILEY CREEK) STREET AND UTILITY IMPROVEMENTS I.C. 01-5537 WHEREAS, a resolution of the City Council adopted the 16th day of October, 2012, fixed the 20th day of November 2012, as the date for a public hearing on the following proposed improvements: I.C. 01-5537: Eden Prairie Road South of Riley Creek Street and Utility Improvements; and WHEREAS,ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held on the 20th day of November, 2012, at which all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the City Council adopted Resolution No. 2012-152 Ordering Improvements and Preparation of Plans and Specifications for Eden Prairie Road Street and Utility Improvements (south of Riley Creek)on November 20, 2012; and WHEREAS, the City Council requested modifications to the Feasibility Report at the said Public Hearing held on November 20,2012; and WHEREAS, staff has prepared an Amended Feasibility Report for a public hearing on the 20th day of August 2013 on the following proposed improvements: I.C. 01-5537: Eden Prairie Road South of Riley Creek Street and Utility Improvements; and WHEREAS,ten days' mailed notice and two weeks' published notice of the hearing was given and the hearing was held on the 20th day of August 2013, at which time all persons desiring to be heard were given an opportunity to be heard thereon. NOW,THEREFORE,BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the Feasibility Report as amended by the Amended Feasibility Report. 2. Said Feasibility Report as amended by the Amended Feasibility Report is hereby approved. 3. The Planning Commission has reviewed the proposed capital improvement and reported in writing to the Council its findings as to compliance of the proposed improvement with the comprehensive municipal plan. 4. The City Engineer is hereby designated as the Engineer for this improvement, I.C. 01-5537. The City Engineer shall prepare plans and specifications,with assistance from SEH, Inc., for the making of such improvements. 5. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. ADOPTED by the Eden Prairie City Council on August 20,2013. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, Clerk CITY OF EDEN PRAIRIE NOTICE OF HEARING ON PROPOSED PUBLIC WORKS IMPROVEMENTS LC. 01-5537 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Eden Prairie City Council will meet at the City Center, 8080 Mitchell Road, at 7:00 p.m. on August 20, 2013 to consider the making of the following described improvements: I.C. 01-5537 — Street, Storm Drainage, Sanitary Sewer and Watermain improvements on Eden Prairie Road south of Riley Creek. The project includes grading, paving, creek crossing, curb and gutter, sanitary sewer,watermain, storm sewer, sidewalk and trail. The area proposed to be assessed lies in Section 29, Township 116,Range 22. The total estimated project cost is $4,751,800. Pursuant to Minnesota State Laws, Section 429.011 to 429.111, the area proposed to be assessed for such improvements is all that property within or abutting on the above described limits. Written or oral comments relating to the proposed improvements will be received at this meeting. By Order of the City Council Kathleen Porta, City Clerk City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Publish: Eden Prairie News August 8 and August 15,2013 CITY OF EDEN PRAIRIE EDEN PRAIRIE ROAD SOUTH OF RILEY CREEK FEASIBILITY REPORT — AMENDED AUG. 2013 Street and Utility Improvements Improvement Contract No. 01-5537 Prepared by: Assisted by: City of Eden Prairie SEH Inc. Public Works Department 10901 Red Circle Drive Engineering Division Suite 200 8080 Mitchell Road Minnetonka,MN 55343 Eden Prairie,MN 55344-4485 TABLE OF CONTENTS REPORT COVER TABLE OF CONTENTS CERTIFICATION REPORT CONTENT I. INTRODUCTION II. STREET IMPROVEMENTS III. STORM DRAINAGE IMPROVEMENTS IV. SANITARY SEWER AND WATERMAIN IMPROVEMENTS V. PROJECT COST SUMMARY VI. REPORT ADDENDUM VII. CONCLUSIONS AND RECOMMENDATIONS PUBLIC HEARING NOTICE PROJECT SCHEDULE TABLE NO. 1 -ESTIMATED COSTS PRELIMINARY ASSESSMENT ROLL PROJECT ASSESSMENT AREA MAPS Figure No. 1 STREET IMPROVEMENTS Figure No. 2 STORM DRAINAGE IMPROVEMENTS Figure No. 3 SANITARY SEWER AND WATERMAIN IMPROVEMENTS Figure No. 4 FRONTAGE PROPERTIES WITH AVERAGED ASSESSMENTS CERTIFICATION I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. Ro ney W Rue Reg.No. 16695 -7--31 - o/3 Date I. INTRODUCTION This report presents the results of a preliminary engineering study for street and utility improvements on the segment of Eden Prairie Road from approximately Riley Creek southerly to a location approximately 150 feet south of the Eden Prairie Woods development site(south property line of Parcel#22). For purposes of this report,Eden Prairie Road is split into three(3) sections. The northerly section is from approximately Riley Creek to about 250 feet north of Prospect Road (north property line of Parcel#5). The central section is from about 250 feet north of Prospect Road (north property line of Parcel#5)to about 150 feet south of the Eden Prairie Woods development (south property line of Parcel#22). The southerly section is from about 150 feet south of the Eden Prairie Woods development(south property line of Parcel#22)to CSAH 61 (Flying Cloud Drive). The improvements described in this report only deal with the central and northerly sections. Any improvement on the southerly section will be delayed until adjacent development occurs or a petition for improvements is received. The improvements described in this report will provide development opportunities for the un- developed parcels in the area and provide improved street access to the entire area. The Improvement Area is within Section 29, Township 116,Range 22 and generally bounded by Riley Creek and the Metropolitan Urban Service Area(MUSA line)near the bluff adjacent to CSAH 61 (Flying Cloud Drive)as shown on Figure Nos. 1-4. With the number of large parcels in the neighborhood and the recent development activities,this area is a focus for new residential development. The improvements discussed in this report will provide a foundation of transportation and utility infrastructure needed to accommodate further development of this residential area. The Eden Prairie City Council ordered the preparation of this feasibility study for the Eden Prairie Road area, south of Riley Creek on October 16,2001. This council action was approved without a petition so therefore, any future council action related to this project will require a 4/5ths approval of the City Council. This proposed project has lingered for years with little or no support from the neighboring residents. Most recently on January 10,2008 a neighborhood meeting was held to discuss the interest and timing in pursuing this project. At that meeting the following issues and concerns were raised by the majority of attendees: • Desired to defer construction, as well as assessments,until the demand for developable land returned to the market. • Need for Prospect Road improvements to occur before Eden Prairie Road improvements in order to assist with managing traffic during construction. • Did not want Eden Prairie Road improved until its connection to CSAH 61 (Flying Cloud Drive)can be terminated which requires the completion of Prospect Road for a secondary access. • Questioned the need for trail and sidewalk improvements along the corridor. • Requested an evaluation of potential benefitting units for each parcel. • Supported city's early design efforts to determine impacts to adjoining properties. Subsequent to this meeting and the housing market's dramatic downturn,we contracted with SEH, Inc. to provide detailed preliminary engineering design and recommendations related to adjacent property impacts, coordination with Prospect Road construction, and planning for utility and other infrastructure improvements. We also reviewed residential densities and infrastructure needs relative to recent residential developments in the area. The area to be served by these proposed street and utility improvements is guided residential with several development approvals occurring in the past few years. Some of the site development approvals have proceeded to construction while others have not been constructed at this time. Some of the key factors or development approvals that have influenced this report include: • In September 1997,this area was approved by the Metropolitan Council to be added to the City's Municipal Utility Service Area(MUSA). • In July,2003,the Pemtom Land Company received Planned Unit Concept Review on a five- acre parcel in the southwest corner of Eden Prairie Road and Beverly Drive for 9 residential lots approved as William Small Property. • In May, 2005,EPIC Development IV received approval for 39 residential lots on 42 acres located west of this segment of Eden Prairie Road. This subdivision was platted as The Ridge at Riley Creek and residential construction has been occurring since its approval. • In May 2012, Toll MN received approval for 53 lots on 71 acres on the site formerly known as Hennepin Village-Site B along the east side of Eden Prairie Road. The subdivision was platted as Eden Prairie Woods with street and utility construction completed in 2013. This project included the Prospect Road extension/connection between Eden Prairie Road and Spring Road. This roadway was completed and opened to traffic in June 2013. • In August 2012,Meadows Land received approval for 23 lots on 10 acres located east of The Ridge at Riley Creek. The subdivision was platted as The Meadows at Riley Creek with street and utility construction completed in 2013. • In July 2013,Pulte Homes received approval for 104 lots on 78 acres located on several parcels south of Beverly Drive and west of Eden Prairie Road. The subdivision is proposed to be platted as Reeder Ridge and is expected to be under construction in late 2013. • Other minor subdivisions or lot splits have occurred in the area and are accounted for in the Preliminary Assessment Roll. • In December 2010,the City of Eden Prairie and MAC entered into a Memorandum of Understanding regarding certain development projects on MAC properties. As part of that agreement,MAC agreed to pay a fair share of the Eden Prairie Road improvements. Based on that agreement,we have determined an estimated assessment for MAC parcels adjacent to Eden Prairie Road. Since we cannot directly assess MAC properties, it is proposed that the city will carry the assessment costs for MAC until development occurs on their property or until further agreements regarding these assessments are executed between MAC and the City of Eden Prairie. Page 2 All properties deriving benefit from the proposed improvements discussed in this report will receive benefit in proportion to their potential for residential development or anticipated benefit from certain public infrastructure components. For several parcels,the unit benefit has been identified through specific development proposals or approvals. For other properties,development potential is estimated based on area,topography, and general configuration or location. We have estimated the net buildable acreage for each existing un-developed parcel and have used a density of 2.0 units per net buildable acre to determine potential residential units. In addition, front foot dimensions of parcels along Eden Prairie Road have been estimated to be used for adjacent street benefit. For the Improvement Area as identified in Figure No. 1,we estimate a total of 355 residential units. A combination of unit assessments and/or front footage assessments will be utilized to determine the benefits to each parcel. Later in this report,the proposed assessment rates will be described for each benefitting component of the proposed improvements. The potential net acreage,units,front footage, estimated assessment, etc. are shown on the attached Preliminary Assessment Roll. II. STREET IMPROVEMENTS The street segment proposed for improvement is shown on Figure No. 1. The current street has a narrow deteriorating bituminous surface and no storm sewer or pedestrian facilities. Because of its poor structural condition,this segment is weight restricted to six tons per axle year-round. An improved street with adequate structure, storm drainage and pedestrian facilities is needed to support the residential development that will occur in this area. This segment of Eden Prairie Road is classified as a minor collector. The recommended street section is two lanes, 32-feet in width with B-618 curb and gutter. An 8-foot bituminous trail is proposed along the west side, extending the full length of the project and connecting to the existing trail north of Riley Creek. A five-foot concrete sidewalk is proposed along the east side extending from Frederick Place within the Eden Prairie Woods development north to the proposed intersection of Eden Prairie Road and Prospect Road. A new box culvert at Riley Creek will be constructed with adequate length to accommodate the street,boulevard and pedestrian facilities on Eden Prairie Road. The proposed street assessments for the adjacent properties along Eden Prairie Road will be based on the cost of an equivalent 28-foot residential street with an eight-foot bituminous trail along the west side of the road. The five-foot concrete sidewalk included along the east side of the road adjacent to the Eden Prairie Woods development is a requirement of their development agreement. It will be constructed with this project and the costs will be assessed entirely to the Eden Prairie Woods development. The total estimated assessment cost for all the street improvements is $3,615,500 as shown in Table No. 1. The street assessment cost is proposed to be assessed with three(3) street assessment rates based on benefit as described below. The central and north sections of Eden Prairie Road will be assessed separately to adjacent property owners on a front foot basis. The 600 feet of the north section associated with the creek crossing and the extra width of the entire corridor will be assessed to all benefitting properties within the Improvement Area. Below is a detailed description of the three(3) street assessment rates: Page 3 • The 28-foot equivalent street cost for the center section from approximately 250 feet north of Prospect Road(north property line of Parcel#5)to about 150 feet south of Eden Prairie Woods development(south property line of Parcel#22) (engineering station 266+25 to 288+50 equals 2,225 feet)is estimated at$1,167,300 with about 4,394 feet of adjacent property frontage. Eden Prairie Woods development is entirely responsible for the adjacent sidewalk cost on the east side of the road which is estimated at$97,200. The net cost of $1,070,100 is proposed to be assessed against the adjacent parcels on a front foot basis equal to an assessment rate $243.54 per front foot. • The 28-foot equivalent street cost for half the length(600 feet of the 1200 feet) of the north section from approximately engineering station 288+50 to 300+50(1200 feet)is estimated at $424,000 which provides benefit to the adjacent property frontage(1200 feet of front footage). This cost is proposed to be assessed against the adjacent parcels (MAC and Outlot A,Eden Prairie Woods) on a front foot basis equal to an assessment rate of$353.32 per front foot. This section of roadway is more expensive primarily due to the extra grading costs and poor soil conditions. • The 32-foot street cost for the remaining half of the north section(the 600 feet of roadway near the creek crossing),plus the cost for the creek crossing,plus the extra four(4)feet of street width for both the central section and the other 600 feet of the north section described above is estimated at$2,224,200,which includes an estimated$200,000 for easement acquisition costs. This section of roadway over the creek and the extra width of the entire roadway will benefit the entire Improvement Area. The cost is therefore proposed to be assessed against all benefitting units (355 units)within the Improvement Area at an assessment rate of$6,265 per unit. The proposed assessments for the street improvements for each parcel are shown on the Preliminary Assessment Roll and in Figure No. 1. The Metropolitan Airports Commission(MAC)entered into a Memorandum of Understanding with the City of Eden Prairie regarding certain development projects on MAC properties. As part of that agreement,MAC agreed to pay a fair share of the Eden Prairie Road improvements. Based on that agreement,we have determined an estimated assessment for street and storm drainage improvements of$794,888 for MAC parcels adjacent to Eden Prairie Road. Since we cannot directly levy assessments against MAC properties, it is proposed that the city will carry these assessment costs until development occurs on their property or until further agreements regarding the payment of these assessments are executed between MAC and the City of Eden Prairie. The south section of Eden Prairie Road(south of Parcel#22)is not proposed for any improvements at this time. This section of roadway is characterized by a sharp curve and steep grades leading south to the intersection with CSAH 61 (Flying Cloud Drive). This section of roadway provides access to about nine properties with limited development potential. We recommend delaying any improvements on the south section of Eden Prairie Road until adjacent development occurs or a petition for improvements is received.Alternatives for improving the south section may include horizontal and vertical curve improvements for sight distance and design speed,widening, safety improvements, and modifying or eliminating the access to CSAH 61 (Flying Cloud Drive). Each Page 4 alternative will have unique and potentially excessive(full parcel acquisitions)right-of-way needs that are best coordinated with development of abutting properties or requested improvements. When street improvements are considered and evaluated,utility improvements would be recommended at that time. Subsequent to the Public Hearing at the City Council in November 2012,the City Council ordered the preparation of a feasibility study for the south section of Eden Prairie Road to its connection to CSAH 61 (Flying Cloud Drive). III. STORM DRAINAGE IMPROVEMENTS The proposed drainage improvements are shown on Figure No. 2. The storm drainage system will be incorporated within the right-of-way and the project limits of Eden Prairie Road,with hydraulic capacity to convey the peak runoff from a 10-year frequency storm from the street right-of-way and adjacent drainage watershed at their current level of development. Most properties will require future on-site treatment and infiltration requirements at the time of development with the exception of certain properties adjacent to Eden Prairie Road where fully developed treatment and infiltration requirements will be provided with this project unless property is combined with other parcels. These properties are identified with a footnote in the Preliminary Assessment Roll. Treatment requirements of the stormwater will be provided by a stormwater pond or structural treatment unit prior to discharge into Riley Creek. The preferred pond location is shown on Figure No. 2,which is currently MAC property. An under-ground drainage system will be utilized in the pond to meet FAA requirements for stormwater ponds. If the pond location cannot be accommodated on the Metropolitan Airports Commission(MAC)property, a structural solution will likely be necessary. The total estimated storm drainage assessment cost is $512,800 as shown in Table No. 1. The cost is proposed to be assessed against those contributing properties within the drainage watershed. Based on the existing and potential units for the parcels within the watershed boundary, it is estimated that 162 units will contribute drainage to the storm sewer and treatment system within Eden Prairie Road. This results in an assessment rate of$3,165 per unit. The identified parcels with a storm drainage assessment are shown in the Preliminary Assessment Roll and in Figure No. 2. IV. SANITARY SEWER AND WATERMAIN IMPROVEMENTS The proposed sanitary sewer and watermain improvements are shown on Figure No. 3. The proposed sanitary sewer and watermain improvements include additional piping and appurtenances along Eden Prairie Road to provide adequate sewer and water service, as well as fire protection for the area and will be assessed as an area-wide assessment to all benefitting units. This area-wide assessment will be waived for The Ridge at Riley Creek and Eden Prairie Woods developments, as well as MAC property since these properties either provided benefitting city utility extensions at their cost or participated in the costs for previous utility extensions. Further analysis during the design phase of Eden Prairie Road will be needed to determine if some of the proposed utility improvements along Eden Prairie Road can be modified,reduced, or eliminated based on anticipated development scenarios. Page 5 In addition, depending upon how some of the adjacent parcels develop(alone or in combination with other parcels)there may not be a need for some of the sanitary sewer extensions and proposed services which provide lateral benefit(individual sewer and water services). It is estimated that ten (10)individual sewer and water services will be provided along the corridor to serve the adjacent properties. This lateral benefit cost is estimated at$41,600 and is not included in the area-wide sanitary sewer and watermain costs. This cost would not be assessed if individual services are not provided to these parcels. The total estimated cost of the sanitary sewer and watermain improvements is $423,500 as shown on Table No. 1. The total cost for these improvements includes the lateral benefit cost of$41,600 with the net area-wide assessment cost being$381,900. This cost is proposed to be assessed to all benefitting units with the exception of the properties noted above. Based on 219 benefitting units, the area-wide sanitary sewer and watermain assessment rate is $1,744 per unit. For those parcels adjacent to Eden Prairie Road that will need or request individual sewer and water services to existing or potential units,the estimated lateral assessment rate is $4,160 per unit. If individual services are not provided with this project,this lateral assessment will not apply to the identified parcels. Both the area-wide and lateral(service) sanitary sewer and watermain assessment for each parcel is shown on the Preliminary Assessment Roll and Figure No. 3. V. PROJECT COST SUMMARY Table No. 1 summarizes the estimated cost for the various components of the project. These costs are based upon anticipated construction costs assuming adequate subsurface soil conditions, as well as a 10%contingency, estimated engineering and testing costs, 9%administration fee, and interim financing costs. Estimated easement costs have been added to the project costs based on recent appraisals for MAC property acquisitions and will be assessed to all benefitting units. Any homesteaded properties that are generally un-developed will be granted a deferment of all assessments except for an equivalent single unit of assessment until the property develops based on the City's Special Assessment Policy. Furthermore,homesteaded properties may be subject to other assessment policy benefits such as the exclusion policy(having a functional on-site sanitary sewer and water system)or assessment limits. In addition to the assessments proposed in this report, each benefitted property is subject to trunk utility assessments. Based on the City's Special Assessment Policy, it is proposed to levy trunk assessments in the year subdivision/development approvals are granted to a property or the determination of lateral benefit. Homesteaded parcels will be subject to a trunk utility(sewer and water)assessment of$520 with the balance of the acreage subject to the acreage rate(2013 rate= $7078.00 per acre)at the time of development. This report proposes to apportion project costs to identified benefitting properties on a unit and/or front foot basis. Potential units have been estimated for each of the benefitting properties that are currently un-developed based on information described in Section I. The estimated assessments for Page 6 all benefitting properties are shown in the Preliminary Assessment Roll. VI. REPORT ADDENDUM At the public hearing held on November 20,2012,the City Council ordered the preparation of plans and specifications for the Eden Prairie Road improvements but requested modifications to the feasibility report to address neighborhood concerns about the proposed assessments. We reviewed modifications to the assessment methodology and concluded that averaging the total assessments for all properties with frontage on Eden Prairie Road was the most effective method. We utilized the same assessment methodology for the street, storm drainage and sanitary sewer and watermain improvements as the original report. However,we then added all of the proposed total assessment amounts for all properties with frontage on Eden Prairie Road and divided that total assessment amount by the total number of potential units for properties with frontage. This averaged assessment rate results in a proposed assessment for all improvements of$18,926 per unit for the applicable parcels. The proposed assessment for each parcel is shown on the Preliminary Assessment Roll and Figure No. 4. In addition to the assessment rate changes described above,the number of potential units has changed from the original Feasibility Report due primarily to an increase in the potential units on Parcels#29 and#29A(MAC properties)and Parcel#2. These properties are within a Runway Protection Zone(RPZ)but may have the ability to develop at full residential densities (assumed at 2.0 units per acre)based on documentation provided to the City by MAC. This discovery has allowed the potential units for Parcels#29 and#29A to increase from 24 units to 42 units and for Parcel#2 to increase from 4 units to 12 units. Understanding that additional approvals will be necessary to allow for full development potential on Parcel#2 (which is privately owned),we propose to assess 12 units. However,when development occurs on Parcel#2 and if less than 12 units are allowed and approved at the time of development,the city will credit or modify the deferred assessment amount with interest to account for the un-allowed or un-approved number of units. There are a few other minor updates or edits included in this Amended Feasibility Report including the addition of the platted lots within The Meadows of Riley Creek and the Eden Prairie Woods subdivisions. The project cost estimates have not changed from the original Feasibility Report for the street, storm drainage, or sanitary sewer and watermain improvements. However,we did include an additional$200,000 in the estimated total project costs to reflect updated information regarding easement acquisition costs. With the additional easement costs included in the project costs and the potential unit changes described above,most of the proposed estimated assessment rates for various improvements and the total estimated assessments per parcel have changed from the original report. These changes are shown on the Preliminary Assessment Roll and described in various sections of the report. VII. CONCLUSIONS AND RECOMMENDATIONS Page 7 Based on this study, Improvement Contract No. 01-5537 is feasible, cost effective,necessary, and the resulting benefit will equal or exceed the proposed assessments to the abutting and benefitting properties. It is therefore recommended that the Eden Prairie City Council proceed with the project on a schedule similar to the one suggested in this report. Page 8 CITY OF EDEN PRAIRIE NOTICE OF HEARING ON PROPOSED PUBLIC WORKS IMPROVEMENTS LC. 01-5537 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Eden Prairie City Council will meet at the City Center, 8080 Mitchell Road, at 7:00 p.m. on August 20, 2013 to consider the making of the following described improvements: I.C. 01-5537 — Street, Storm Drainage, Sanitary Sewer and Watermain improvements on Eden Prairie Road south of Riley Creek. The project includes grading, paving, creek crossing, curb and gutter, sanitary sewer,watermain, storm sewer, sidewalk and trail. The area proposed to be assessed lies in Section 29, Township 116,Range 22. The total estimated project cost is $4,751,800. Pursuant to Minnesota State Laws, Section 429.011 to 429.111, the area proposed to be assessed for such improvements is all that property within or abutting on the above described limits. Written or oral comments relating to the proposed improvements will be received at this meeting. By Order of the City Council Kathleen Porta, City Clerk City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Publish: Eden Prairie News August 8 and August 15,2013 REVISED PROJECT SCHEDULE (I.C. 01-5537) October 16,2012 Receive Feasibility Report to City Council October 25,2012 Deliver Notice of Public Hearing to Eden Prairie News Newspaper Publish November 1 and November 8, 2012 October 25,2012 Mail Notice of Public Hearing to Public November 20,2012 Hold Public Hearing, Order Improvements and Preparation of Plans and Specifications August 1,2013 Deliver Notice of Public Hearing to Eden Prairie News Newspaper Publish August 8 and 15, 2013 August 1,2013 Mail Notice of Public Hearing to Public August 20,2013 Hold Public Hearing,Approve Amended Feasibility Report September 3,2013 Approve Plans and Specifications and Order Advertisement of Bids Advertise for Bids in Eden Prairie News Newspaper on September 12 and in Finance and Commerce on September 12 and 19,2013 October 3,2013 Open Bids October 15,2013 Award Contract November 2014 Substantial Completion July 2015 Final Completion October 2015 Final Assessment Hearing Spring 2016 Assessments First Appear on Tax Statements TABLE NO. 1 ESTIMATED COSTS EDEN PRAIRIE IMPROVEMENT CONTRACT NO. 01-5537 EDEN PRAIRIE ROAD STREET and UTILITIES Storm Sewer and Street Drainage Water Total Construction $2,601,000 $368,900 $304,700 $3,274,600 Engineering $650,300 $92,200 $76,200 $818,700 Administration (9%) $234,100 $33,200 $27,400 $294,700 Capital Interest $130,100 $18,500 $15,200 $163,800 Easements $200,000 TOTAL ASSESSABLE COSTS $3,615,500 $512,800 $423,500* $4,751,800 *Includes$41,600 lateral sanitary sewer and watermain assessment to selected parcels PRELIMINARY ASSESSMENT ROLL EDEN PRAIRIE ROAD SOUTH OF RILEY CREEK Revised Preliminary Assessment Roll-Use Average Unit Assessment For All Frontage Properties 7/30/2013 EDEN PRAIRIE,MINNESOTA I.C.01-5537 PARCEL P.I.D.NO. OWNER HMSTD I TRUNK GROSS NET FT FOOT POTENTIAL ADJ.STREET-Center(2.) ADJ.STREET-North(3.) STORM SEWER(4.) LAT.S8,W(5.) AREA S&W(6.) STREET&CREEK(7.)(15.) ESTIMATED TOTAL AVERAGE COST(16.) REVISED EST. NO. PORN SAW AC AC FTGS NOTES UNITS(14 FF AMOUNT FF AMOUNT UNITS AMOUNT UNITS AMOUNT UNITS AMOUNT UNITS AMOUNT ASSESSMENT PERUNIT.FRONTAGE TOTAL ASSESSMENT 1A 29-116-22-31-0017 Michael&Tine Robbins V V 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 1B 29-116-22-31-0015 Michael&Diana Hanline N Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 IC 29-116-22-24-0050 Michael&Diana Hanline N Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 ID 29-116-22-24-0051 Michael&Diana Hanline N Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 _ 1E 29-116-22-24-0052 Jeffrey B Nancy Schoenweiter N Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 1F 29.116-22.24-0053 Edward&Crystal Hanson V Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 1G 29.116.22.24-0054 Eden Three,LLC N Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 1H 29.116-22.24-0055 Eden Three,LLC N Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 11 29-116-22-24-0056 Eden Three,LLC N V 1 $0.00 $0.00 0 $0.00 I $6,265.00 $6,265.00 $6,265.00 1J 29-116-22-24-0057 Eden Three,LLC N V 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 1K 29-116-22-24-0058 Brian B Karen Jenks N Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 1L 29-116-22-24-0059 Michael&Jody McMahon V V 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 1M 29-116-22-24-0060 Andrew&Diane Rockafellow V Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 86,265.00 IN 29-116-22-24-0061 Richard&Marcia Lund V Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 10 29-116-22-24-0062 Curl Swanson Homes,LLC N V 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 I P 29-116-22-24-0063 Eden Three,LLC N V 1 $0.00 $0.00 0 $0.00 I $6,265.00 $6,265.00 $6,265.00 10 29-116-22-24-0064 Russell Martin V V 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 IR 29-116-22-24-0065 James Blue V V 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 IS 29-116-22-24-0066 Richard B Michelle Mack V Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 1T 29-116-22-21-0064 Eden Three,LLC N Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 _ 1U 29-116-22-21-0065 Eden Three,LLC N Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 IV 29-116-22-21-0066 Stephen B Jeannie Oakley V Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 1W 29.116-22-21-0067 Jason&Tracy Goldberg N V 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 1X 29.116-22-21-0068 Eden Three,LLC N V 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 1 V 29-116-22-21-0069 Eden Three,LLC N Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 1Z 29-116-22-21-0070 Cud Swanson Homes,LLC N Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 IAA 29-116-22-21-0071 Cud Swanson Homes,LLC N Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 1BB 29-116-22-21-0072 JMS Custom Homes,LLC N Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 'ICC 29-116-22-24-0067 Michael&Lorene Freehill V Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 1D0 29-116-22-24-0068 Curl Swanson Homes,LLC N Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 86,265.00 1EE 29-116-22-24-0069 Eden Three,LLC N V 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 1FF 29-116-22-24-0070 Eden Three,LLC N V 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 IGG 29-116-22-24-0071 Eden Three,LLC N V 1 $0.00 $0.00 0 $0.00 I $6,265.00 $6,265.00 $6,265.00 1HH 29-116-22-24-0072 David&Bryn Scott N V 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 111' 29-116-22-24-0073 Anthony&Mellissa Colisira V Y 2 $0.00 $0.00 0 $0.00 2 $12,530.00 $12,530.00 $12,530.00 1JJ 29-116-22-24-0074 Eric Mills S.Rita Johnson-Mills V Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 1KK 29-116-22-24-0075 Susan Marcinelll V Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 _ ILL 29-116-22-24-0076 Claudio&Maria Moreno V Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 _ 1MM 29-116-22-24-0077 Chris&Jill Neilson V Y 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 2 29-116-22-12-0005 Michael&Roxanne Neuharth N 520 11.86 5.82 181(12J(14J 12 $0.00 12 $37,960.00 12 $20,926.00 12 $75,180.00 $134,068.00 $134,088.00 3A 29-116-22-13-0014 Chris&Jill Neilson N V 1 $0.00 1 $3,165.00 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174.00 3B 29-116-22-13-0015 Meadows Land,LLC N Y 1 $0.00 1 $3,165.00 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174.00 3C 29-116-22-13-0016 Meadows Land,LLC N Y 1 $0.00 1 $3,165.00 _ 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174.00 3D 29-116-22-13-0017 Meadows Land,LLC N V 1 $0.00 1 $3,165.00 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174.00 3E 29-116-22-13-0018 Gonyea Homes,Inc. N V 1 $0.00 1 $3,165.00 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174,00 _ 3F 29-116-22-13-0019 Meadows Land,LLC N Y 1 $0.00 1 $3,165.00 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174.00 3G 29-116-22-13-0020 Meadows Land,LLC N V 1 $0.00 1 $3,165.00 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174.00 3H 29-116-22-13-0021 Gonyea Homes,Inc N Y 1 $0.00 1 $3,165.00 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174.00 _ 31 29-116-22-13-0022 LDK Builders Inc N V 1 $0.00 1 $3,165.00 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174.00 3J 29-116-22-13-0023 Ron&Patricia Allar V Y 1 $0.00 1 $3,165.00 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174.00 _ 4 29-116-22-13-0007 Robin&Jacqueline SmithN N 5.00 5.00 (8J 12 $0.00 12 $37,960.00 12 $20,928.00 12 $75,180.00 $134.088.00 $134.068.00 _ 5 29-116-22-13-0012 Christian&Deborah Kline V N 520 4.15 4.15 225 (8.1(12J 9 225 054,796.50 9 $28,465.00 1 $4,160.00 9 $15,696.00 9 $56,385.00 $155,362.50 $16,925.91 $170,333.19 6 29-116-22-31-0016 Michael O'Shaughnassy 8 Shyan Fitzgerald V N 520 1.98 0.47 112J 1 $0.00 $0.00 0 $0.00 1 $6,265.00 $6,265.00 $6,265.00 ]A 29-116-2242-0014 John Baumgartner N V 1 $0.00 1 $3,165.00 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174.00 ]B 29-116-22-42-0015 Meadows Land,LLC N V 1 $0.00 1 $3,165.00 I 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174.00 7C 29-116-22-42-0016 Meadows Land,LLC N V 1 $0.00 1 $3,165.00 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174.00 ]D 29-116-22-42-0017 Meadows Land,LLC N V 1 $0.00 1 $3,165.00 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174.00 7E 29-116-22-42-0018 Meadows Land,LLC N Y 1 $0.00 1 $3,165.00 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174.00 7F 29-116-22-42-0019 LDK Builders,Inc. N V 1 $0.00 1 $3,165.00 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174.00 cwsersyW g esetp endm Pre.assessmemadi-aeparlhopy-Mnc42 units-Meadows s En woods-NwneM12 PRELIMINARY ASSESSMENT ROLL EDEN PRAIRIE ROAD SOUTH OF RILEY CREEK Revised Preliminary Assessment Roll-Use Average Unit Assessment For All Frontage Properties 7/30/2013 EDEN PRAIRIE,MINNESOTA I.C.01-5537 PARCEL P.I.D.NO. OWNER HMSTD I TRUNK GROSS NET FT FOOT POTENTIAL ADJ.STREET-Center(2.) ADJ.STREET-North(3.) STORM SEWER(4.) LAT.S&W(5.) AREA S8,W(6.) STREET B CREEK(T.)(15.) ESTIMATED TOTAL I AVERAGE COST(16.) REVISED EST. NO. PORN SAW AC AC FTGS NOTES UNITS(1.) FF AMOUNT FF AMOUNT UNITS AMOUNT UNITS AMOUNT UNITS AMOUNT UNITS AMOUNT ASSESSMENT PER UNIT.FRONTAGE TOTAL ASSESSMENT TG 29-116-2232-0020 Meadows Land,LLC N Y 1 $0.00 1 $3,165.00 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174.00 TH 29-116-2232-0021 Meadows Land,LLC N Y 1 $0.00 1 $3,165.00 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174.00 71 29-116-22-42-0022 Meadows Land,LLC N Y 1 $0.00 1 $3,165.00 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174.00 7J 29-116-2232-0023 Gonyea Flames,Inc N V 1 $0.00 1 $3,165.00 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174.00 7K 29-116-2232-0024 Meadows Land,LLC N V 1 $0.00 1 $3,165.00 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174.00 _ 7L 29-116-22-42-0025 JMS Custom Homes LLC N V 1 $0.00 1 $3,165.00 1 $1,744.00 1 $8,265.00 $11,174.00 $11,174.00 TM 29-116-22-42-0026 LDK Builders Inc N V 1 $0.00 1 $3,165.00 1 $1,744.00 1 $6,265.00 $11,174.00 $11,174.00 8 29-116-2232-0010 Debra HaNedl V N 520 5.31 5.31 (8.)(12.) 11 $0.00 11 $34,815.00 11 $19,184.00 11 $68,915.00 6122,914.00 $122,914.00 9 29-116-2232-0011 Allan&Elizabeth Carlson V N 520 2.00 2.00 345 18.)(12.)(13J 4 345 $84,021.30 4 $12,660.00 4 $16,640.00 4 $6,976.00 0 $25,060.00 $128,717.30 $18,925.91 $75,703.64 10 29-116-2232-0012 Chris Bunn&Colleen Fitzgerald-Bunn Y N 520 1.00 1.00 170 (841124(13.) 2 170 $41,401.80 2 $6,330.00 1 $4,160.00 2 $3,488.00 2 $12,530.00 $63,749.80 $18,925.91 $37,851.82 11 29-116-22-31-0003 Roland&Janice Hmn V N 520 5.25 3.34 (81(12.) 7 $0.00 $0.00 7 $12,208.00 7 $43,855.00 $56,063.00 $56,063.00 _ 12 29-116-22-31-0004 Kenneth&Kathleen Griffiths V N 520 4.14 0.87 (84(12.) 2 $0.00 $0.00 2 $3,488.00 2 $12,530.00 $16,018.00 $16,018.00 _ 13 29.116-2231-0005 Michael&Ann Miller V N 520 5.15 3.79 (8.1(12.) 8 $0.00 $0.00 8 $13,952.00 8 $50,120.00 $64,072.00 $64,072.00 14 29-116-22-42-0007 William McNeely V N 520 5.33 5.33 (8.1(12.) 11 $0.00 6 $18,990.00 11 $19,184.00 11 $68,915.00 $107,089.00 $107,089.00 15 29-116-22-42-0008 Pemtom-Small LLC N N 5.00 5.00 313 (8.) 9 313 $76,228.02 9 $28,485.00 9 $15,696.00 9 $58,385.00 $176,794.02 $18,925.91 $170,333.19 16 29-116-2231-0007 Diane O'Brien Revocable Trust V N 520 5.00 5.00 (8J(12.) 10 $0.00 $0.00 10 $17,440.00 10 $62,650.00 $80,090.00 $80,090.00 17 29-116-22-31-0008 Roger&Jean Johnson V N 520 5.18 5.18 (8.)(12.) 10 $0.00 $0.00 10 $17,440.00 10 $62,650.00 $80,090.00 $80,090.00 17A 29-116-2231-0010 Roger&Jean Johnson V N 0.23 0.23 (8.) $0.00 $0.00 $0.00 $0.00 $0.00 18 29-116-2232-0005 Loren&Norma Wutlke V N 10.56 10.56 200 (84(12.) 21 200 $48,708.00 13 $41,145.00 1 $4,160.00 21 $36,624.00 21 $131,565.00 $258,042.00 $18,925.91 $397,444.12 19 29-116-2232-0004 Loren&Norma Wutlke V N 1.18 1.18 200 (8.)(12.) 2 200 $48,708.00 2 $6,330.00 1 $4,160.00 2 $3,488.00 2 $12,530.00 $71,056.00 $18,925.91 $37,851.82 20 29-116-2234-0002 Loren&Norma Wutlke V N 520 20.22 8.90 (81(12.) 19 $0.00 $0.00 19 $33,136.00 19 $119,035.00 $152,171.00 $152,171.00 20A 29-116-22-31-0011 Loren&Norma Wutlke V N 0.31 0.30 (8.)(12.) $0.00 $0.00 $0.00 $0.00 $0.00 21 29-116-22-43-0007 Loren 8,Norma Wutlke V N 18.65 9.00 (8.)(12.) 18 $0.00 $0.00 18 $31,392.00 18 $112,770.00 $144,162.00 $144,162.00 22 29-116-22-43-0008 Jack&Joyce Provo V N 520 6.75 6.17 486 (8.)(12.) 12 486 $118,360.44 12 $37,980.00 1 $4,160.00 12 $20,928.00 12 $75,180.00 $252,448.44 $18,925.91 $227,110.93 23 29-116-22-13-0001 The Pemtom Land Co N N 1.66 1.66 230 (8.)(13.) 3 230 $56,014.20 3 $9,495.00 3 $5,232.00 3 $18,795.00 $89,536.20 $18,925.91 $56,777.73 24A 29-116-22-14-0005 Tall MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18.925.91 $18,925.91 24B 29-116-22-14-0006 Toll MN,LP N Y (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18.925.91 $18,925.91 _ 24C 29-116-22-14-0007 Toll MN.LP N V (9J 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19.254.44 $18.925.91 $18,925.91 _ 24D 29-116-22-14-0008 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 24E 29-118-22-14-0009 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 24F 29-118-22-14-0010 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 24G 29-116-22-14-0011 Toll MN,LP N V (9J 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 24H 29-116-22-14-0012 City of Eden Prairie N V $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 241 29-116-22-14-0013 Toll MN,LP N V $800 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 25A 29-116-22-41-0006 Toll MN,LP N V (9J 1 $11,322.89 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25B 29-116-22-41-0007 Toll MN,LP N V (9.1 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18.925.91 $18,925.91 25C 29-116-22-41-0008 Toll MN,LP N V (9.1 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25D 29-116-22-41-0009 Toll MN,LP N V (9J 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25E 29-116-22-41-0010 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19.254.44 $18.925.91 $18,925.91 25F 29-116-22-41-0011 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18.925.91 $18,925.91 25G 29-116-22-41-0012 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25H 29-116-22-41-0013 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 251 29-118-22-41-0014 Toll MN,LP N Y (9.) 1 $11,322.83 $1,866.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25J 29-116-22-41-0015 Toll MN,LP N V (9.) 1 $11,322.83 $1,866.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25K 29-116-22-41-0016 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25L 29-116-22-41-0017 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25M 29-116-22-41-0018 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25N 29-116-22-41-0019 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 250 29-116-22-41-0020 Tell MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25P 29-116-22-41-0021 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19.254.44 $18.925.91 $18,925.91 250 29-116-22-41-0022 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19.254.44 $18.925.91 $18,925.91 25R 29-116-22-41-0023 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25S 29-116-22-41-0024 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25T 29-116-22-41-0025 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25U 29-116-22-41-0028 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25V 29-116-22-41-0027 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25W 29-116-22-41-0028 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25% 29-116-22-41-0029 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25V 29-116-22-41-0030 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6.265.00 $19,254.44 $18,925.91 $18,925.91 25Z 29-116-22-41-0031 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6.265.00 $19,254.44 $18,925.91 $18.925.91 GAUsers.negre.esktop,rneneed Pre.Assessment Roll-Repot copy-MAc 02 units-Meadows s eP woods-Neuse,6 t2 PRELIMINARY ASSESSMENT ROLL EDEN PRAIRIE ROAD SOUTH OF RILEY CREEK Revised Preliminary Assessment Roll-Use Average Unit Assessment For All Frontage Properties 7/30/2013 EDEN PRAIRIE,MINNESOTA I.C.01-5537 PARCEL P.I.D.NO. OWNER HMSTD I TRUNK GROSS NET FT FOOT POTENTIAL ADJ.STREET-Center(2.) ADJ.STREET-North(3.) STORM SEWER(4.) LAT.S&W(5.) AREA S6,W(6.) STREET B CREEK(74(15.) ESTIMATED TOTAL AVERAGE COST(16.) REVISED EST. NO. PORN S 8 W AC AC FTGS NOTES UNITS(14 FF AMOUNT FF AMOUNT UNITS AMOUNT UNITS AMOUNT UNITS AMOUNT UNITS AMOUNT ASSESSMENT PERUNIT.FRONTAGE TOTAL ASSESSMENT _ 25AA 29.116-22-41-0032 Toll MN,LP N Y (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,92591 $18,925.91 25BB 29-116-22-41-0033 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25CC 29-116-22-41-0034 Toll MN,LP N Y (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25DD 29-116-22-1-0035 Toll MN,LP N Y (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25EE 29-116-22-1-0036 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25FF 29-116-22-41-0037 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25GG 29-116-22-41-0038 Toll MN,LP N V (9.) 1 $11,322.83 $1,606.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25HH 29-116-22-41-0039 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 2511 29-116-22-41-0040 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25JJ 29-116-22-41-0041 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25KK 29-116-22-41-0042 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6.265.00 $19,254.44 $18,925.91 $18,925.91 25LL 29-116-22-41-0043 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25MM 29-116-22-41-0044 Toll MN,LP N Y (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25NN 29-116-22-41-0045 Toll MN,LP N Y (9.) 1 $11,322.83 $1,686.60 $0.00 $0.00 1 $6,285.00 $19,254.44 $18,925.91 $18,925.91 2500 29-116-22-41-0046 Toll MN,LP N Y (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 25PP 29-116-22-41-0047 City of Eden Prairie N Y $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2500 29-116-22-41-0048 Toll MN,LP N Y $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 26A 29-116-22-44-0026 Toll MN,LP N Y (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 26B 29-116-22-44-0027 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,20500 $19,254.44 $18,925.91 $18,925.91 26C 29-116-22-44-0028 Toll MN,LP N V (9.) f $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 26D 29-116-22-44-0029 Toll MN,LP N V (9.) 1 $11,322.83 $1,666.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 26E 29-116-22-44-0030 Toll MN,LP N V (9.) 1 $11,322.83 $1066.60 $0.00 $0.00 1 $6,265.00 $19,254.44 $18,925.91 $18,925.91 27 29-116-22-44-0013 Duncan&Lisa Tomassen V N 520 2.61 270(8300.312313.) 2 160 $38,966.40 2 $6,330.00 1 $4,160.00 2 $3.488.00 2 $12,530.00 $61,314.40 $18,925.91 $37,851.82 28 29-116-22-12-0006 MAC N N 9.70 2.73 (8.) $0.00 $0.00 $0.00 $0.00 $0.00 28A 20-116-22-43-0068 MAC N N 10.22 (8.) $0.00 $0.00 $0.00 $0.00 $0.00 28B 29-118-22-12-0007 MAC N N 7.62 (8.) $0.00 $0.00 $0.00 $0.00 $0.00 28C 29-116-22-11-0001 MAC N N 9.15 (8.) $0.00 $0.00 $0.00 $0.00 $0.00 28D 29-116-22-11-0003 MAC N N 42.95 IN $0.00 100 $35,332.00 $0.00 $0.00 $0.00 $35,332.00 28E 29-116-22-14-0003 MAC N N 18.20 770 (8.) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 29 29-116-22-13-0011 MAC N N 15.00 13.46 845 (8)(14) 27 $000 550 $194,326.00 27 885,455.00 $0.00 27 $169,155.00 $448,93600 $18,925.91 8794,88824 29A 29-116-22-13-0010 MAC N N 7.98 7.29 45 (8)(14.) 15 $000 300 $105,996.00 15 $47,475.00 $0.00 15 $93,975.00 $247,44600 Tmom 30 29-116-22-44-0012 Richard 8 Mary Lou Carlson V N 0.50 (11.) $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 31 29-116-22-44-0005 Richard&Mary Lou Carlson V N 0.73 (11) $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 32 29-116-22-04-0014 Joel&Kelly Wieged N N 1.45 (11.) $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 33 29-116-22-44-0004 Dean 8 Karen Edstrom Y N 0.86 (11.) $0.00 $0.00 $0.00 0 $0.00 $0.00 $000 34 29-116-22-44-0016 Dean 8 Karen Edstrom V N 1.03 (11.) $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 35 29-116-22-43-0003 Adam Buenz V N 4.40 (11.) $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 36 29-116-22-43-0006 Perry B Michelle Ryan N N 1.23 (11) $0.00 $0.00 $0.00 0 $0.00 $000 $0.00 37 29-116-22-43-0001 Dean Edstrom N N 1.23 (11.) di $0.00 A $0.00 MI $0.00 0 $0.00 $0.00 M. $0.00 38 29-116-22-34-0003 GregoryA Debra Peterson N N 12.20 3.44 (8) 7 $0.00 $0.00 7 $12,208.00 7 $43,855.00 $56,06300 $56,063.00 39 29-116-22-34-0005 Dr.F.M.Allis V N 520 5.61 2.72 (83(123 5 $0.00 $0.00 5 58,720.00 5 $31,325.00 $40,045.00 $40,045.00 TOTALS 355 4394" $1,167,314.76 1200"' $423,984.00 162 $512,730.00 10 $41,600.00 219 $381,936.00 355 $2,224,O75.00 $4,710,039.76 $4,710,039.7$ 1.Potential Units based on a density of 2.0 units per net acre or an approved development plan.Net acreage is determined by removing areas of steep slopes,wetlands,or creek setbacks. 2.Based on an assessment rate of$243.54/front foot for the center section(Sta.266+25 to 288+50) Parcel425 Includes an additional sidewalk assessment of$97,200 per Developer's Agreement 3.Based on an assessment rate of$353 32/front foot for the north section(Sta.288+5010 300+50) 4.Based on benefining units within the drainage watershed at an assessment rate of$3165hinit 5.Lateral sewer and water assessment rate of$4160/unit(this assessment provides for individual sewer and water services based on property owner's requests)This amount will NOT be assessed if individual services are not provided with this project and is NOT included in estimated total assessment amount. 6.Based on an assessment rate of$1 T44/unit for area-wfde sewer and water improvements. T.Based on an assessment rate of$6265/unit(Includes 600 feet of 32'of roadway over the creek crossing,all costs associated with the creek crossing,and the extra four feet of wiell for the entire center section and 600 feet of the north section.) 8.Subject to additional trunk assessments at the time of development or connection to utilities. 9.Includes an additional sidewalk assessment of$97,200 per Developer's Agreement. 10.Use 160 feet for the front footage(of the 270 foot total)adjacent to proposed street improvements. 11.Properties shown for information purposes only---no assessments proposed at this time. 12.Homesteaded properties will be subject to a trunk sewer and water assessment of$520.00(unless previously paid)with the balance of the parcel's acreage subject to the acreage rate for trunk assessments at the time of connection or development See additional Note below. 13.Storm water conveyance and treatment are being provided for the fully developed condition for these parcels.Therefore,no further storm water rate control or treatment will be necessary upon development(unless property is combined with other parcels). 14.Property is in MAC's Runway Protection Zone(RPZ);MAC provided updated RPZ rules for this parcel(MAC will allow property to develop to full residential densities).Use 2.0 units per acre.8 the property develops with less than 12 units,the city will credit the difference between the number of approved units and the number of levied and deferred units with Interest. 15.Added$200,000 for estimated easement costs. 16.Estimated total assessments for all properties with Eden Pralde Road frontage were combined and averaged based on the total number of potential units.This assessment rate of$18,925.91/un4 was used to determine the revised estimated total assessment amount. Note:Any homesteaded parcel that has development potential will be assessed the equivalent of one full unite assessment with the balance of the assessment deferred with interest until the time of development. Parcel 111 has a signed Developer's Agreement for two(2)lots. "Includes 2065 feet for Eden Prairie Woods ""Includes 250 feet for Eden Prairie Woods cwserstci g esxip endad Pre.Assessment Poll-Nepwt oopy-MAo 02 units-Meadows seP Woods-Neuh8M12 '' 0 -1 1 I 1 \ J 3S`' ' \ 16 fK ' �,, ,' 12 1N S ! 20A 1 �.� _ 1T 1P 1R 17A "Ili et go 1C2 1S 1U1V 1W l — 20 6 l LEGEND 1 17 13 1A H FF ICC ilik 1LLI3 f C,, DD Street Improvements \ - 1MM .:.�.:::::.:. -•- MUSA Line 3 ����C ,���������� Benefiting Properties: 7 l .. . .. ..: � r���� I\�� 28 Foot Equivalent Street 21 14 ������ z i Assessment Rate @$243.54 Per Front Unit / 28-Foot Equivalent Street ������������( Assessment Rate @$353.35 8 1''3+je..�*���������t Per Front Unit hill ►�������`51� r `�f����. � �32-Foot Equivalent Street, 35 �������w:"w�:�������4`, Creek Crossing,and 4-Foot -- �������( w"r- ,,, �� �'�' 28B Extra Width Assessment Rate �. ���� • � �� @$6,265 Per Unit r \ ,\N L 3a VA \ \� \�A \ � �� I' P ���ir 4, -,: , 28c !_ Improvement Area ip \ \\A\ & \ ,1 \ 1 1 ' \* 32 1 \ ,\ ,\N N \ V \N‘ \, 'I' 4 _ ~ ICI \ \\ \�\ � \� :��� I����������������♦ No Assessments at This I ♦���♦ Time. For Information ♦�4� %������������������♦ Purposes Only. ram" 1� _ ti-X����\\\ .. .. �/ �4.�.,... ������������4. 4, ���A.41,4 . I� .7IIIIIIII II,, el CITY OF EDEN PRAIRIE FIGURE NO.1 EDEN I.C.#5537-01 STREET IMPROVEMENT waif EDEN PRAIRIE ROAD SOUTH OF RILEY CREEK (REVISED 07/31/13) r /../ /s.,,,...„..........,_ f9 r _ ,iiteguidavv. 38 `` �' 1M 1N 12 1L 10 '1K € !\.� 20A 7A 1J 1P 1R131T1U 1W 1 1 1 1 11 1Q 1V 1X 120 6 1 1 / LEGEND 17 1A 1B 1LL J HH FF ,DDCCcs..1 B 1Z 1Y ill Proposed Storm Sewer 1MM K 111 1GG IEE I ” MUSA Line 1 i ----- 1 I / I \/�L Benefiting Properties: 7 29A I Storm Drainage Assessment 2 21 14 il Rate @$3165 Per Unit 18 4 *(Parcels 14&18 Partially `' 28i Assessed) / \` 8 PROPOSED I No Assessments at This 15 5 POND 4. Time. For Information 22 29 28 '� Purposes Only. 3r. 6 35 19 10 9 23 ....Wit. 37 /,�' 011 /) 28B � .....44.I�1 — 33 34 27 28C 32 J r26 2531 30 2/ 286 28D I II I . ' -414040.1 (I,IIIIIIII II ill CITY OF EDEN PRAIRIE FIGURE NO.2 EDEN I.C.#5537-01 STORM DRAINAGE IMPROVEMENTS PRAIRIE EDEN PRAIRIE ROAD SOUTH OF RILEY CREEK (REVISED 07/31/13) i t l�� I � �1111iHH r . 9 \ A-- -4 I I 0 f 1 11 _ _444W 16 ® ,', S _ 12 1N 1K 10 Al !`,..../". 20A � III 1 t%t 17A 1J P IRIS 1T1U 1W 11 1Q 1V )20 17 1A ICC LEGEND 1F3®��J NH FF GG IEEDD 1BE 11 Proposed Sanitary Sewer 4 1AA 4-111 ■m■ Existing Sanitary Sewer Proposed Watermain ) \ 29A �.[ ■m■ Existing Watermain .� 21 14 '•D� 2 —•— MUSA Line 18 4 ,J Benefiting Properties: 28) \ \ Area-Wide Sewer and 8 PROPOSED Watermain Assessment Rate 22 15 6 POND @$1,744 Per Unit 29 28 35 \\ ,,,t Lateral Sanitary Sewer and 11 �. - 19\ \10 e\ 23 agOWWWW/r."^^ ) 28B Watermain Assessment Rate �,�.�_ @$4,160 Per Unit(only i =� applied if individual services 33 34 \z7 X1 III #_ / I 28c are provided) 32 1 I � �' II � 26r 25 II 24 ii 31 30 II I No Assessments at This �� 28E 28D Time. For Information \\ Purposes Only. �mm�rnrrm (IIIIIIIII II, U CITY OF EDEN PRAIRIE FIGURE NO.3 SANITARY SEWER AND WATERMAIN EDEN I.C.#5537-01 PRAIRIE EDEN PRAIRIE ROAD SOUTH OF RILEY CREEK IMPROVEMENTS (REVISED 07/31/13) 97 1- v N w A`� 11 PI •4 '��1-7 Ill l` •''I y? •M 0 ,--../ 20A ` IEI 1P 17A = 10 !c. 20 ® _I B' 1Zt1! ii LEGEND i i AM 1 aul II�,, Frontage Properties with Total 29A 2 M',,,, & . Cost Averaged 21 14 t Averaged Assessment Rate 18 a ,�1 @$18,926 Per Unit 28A ` 8111 PROPOSED ) 22 POND ..1 29 ______ /ihi 3�- 19 10 9 a. 28B ■■ ,� 4 27 M�`-•• jr,„•-. NN* _ / 28C 32 4 ill M �� ` RQ 26 Ill I 31 301 28D I ,ur io ..... , ...,....,.., ...„..... 1 , �11111111111 IA G 4 IIIII_ i mil iiiii CITY OF EDEN PRAIRIE FIGURE NO.4 EDEN I.C.#5537 01 FRONTAGE PROPERTIES WITH EIdIRIE EDEN PRAIRIE ROAD SOUTH OF RILEY CREEK AVERAGED ASSESSMENTS (REVISED 07/31/13) CITY COUNCIL AGENDA DATE: SECTION: Public Hearings August 20, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Bryant Lake Land Use Guide Plan Change Development/Planning Janet Jeremiah/Julie Klima Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Guide Plan Change from Park/Open Space to Low Density Residential on 0.89 acres Background Information This is a request to reguide 0.89 acres (the buildable area of the parcel) of a 9.3 acre property from Park/Open Space to Low Density Residential. The remaining 8.41 acres would continue to be guided Park/Open Space. The lot was created in 1980 and is a legal lot of record. Historically, the Comprehensive Guide Plan has identified this area as Park/Open Space to protect the shoreland area of Bryant Lake without accounting for the buildable portion of the lot. The 120-Day Review Period Expires on November 5, 2013. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the July 22, 2013 meeting. Attachments 1. Resolution 2. Staff Report 3. Location Map 4. Land Use Map-Current 5. Land Use Map-Proposed 6. Zoning Map 7. Aerial photo 8. Planning Commission Minutes 9. Summary of Questions Posed by Neighbor at Planning Commission BRYANT LAKE PROPERTY CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN FROM PARK/OPEN SPACE TO LOW DENSITY RESIDENTIAL ON 0.89 ACRES WHEREAS,the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and WHEREAS,the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of James C. Duncan by Homestead Partners LLC is for a Comprehensive Guide Plan Change from Park/Open Space to Low Density Residential on 0.89 acres, as legally described on Exhibit A; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan based on plans stamped dated June 18, 2013 and the staff report dated July 19, 2013 and subject to Metropolitan Council approval and the following conditions: Prior to building permit issuance: • Apply for a City right-of-way permit for the water service connection. This may require a security. • Deed all necessary right of way and easements to the City. • Complete wetland delineation and revise based on the field evaluation conducted July 17, 2013. • The plans should be revised to show the correct wetland buffers based on the approved wetland delineation and assessment. This would include the new basin indicated north of the driveway. • A conservation easement would be required over the wetland and wetland buffer as per city code. The trail and boardwalk location for access to the lake must be indicated in the easement document. • The driveway should be evaluated to avoid wetland impacts to the fullest extent possible. • Land Alteration Permit is required from the city which will also be subject to Nine Mile Creek Watershed District requirements. • The driveway needs to be outside of the wetland and wetland buffer. ADOPTED by the City Council of the City of Eden Prairie this 20th day of August, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen A. Porta, City Clerk EXHIBIT A Area to be guided Low Density Residential: That part of the Southwest Quarter of the Northwest Quarter of Section 12,Township 116,Range 22 and that part of Government Lot 5, Section 11,Township 116,Range 22 and that part of the accretions to said Government Lot 5,all described as commencing at a point on the Westerly right-of-way line of U.S. Highway No. 169 distant 682.88 feet Southerly along said Westerly right-of-way line from its intersection with the North line of the Southwest Quarter of the Northwest Quarter of said Section 12;thence South 78 degrees 10 minutes West(assuming the West line of the Northwest Quarter of said Section 12 as bearing North and South)a distance of 458.89 feet to the point of beginning;thence South 51 degrees 31 minutes 55 seconds East,23.39 feet;thence South 19 degrees 59 minutes 28 seconds East,74.08 feet;thence South 04 degrees 27 minutes 36 seconds West,28.66 feet;thence South 08 degrees 45 minutes 49 seconds East, 27.78 feet;thence South 05 degrees 05 minutes 18 seconds West,39.84 feet;thence South 01 degrees 39 minutes 15 seconds West, 16.02 feet;thence South 13 degrees 52 minutes 11 seconds East, 19.96 feet; thence South 20 degrees 34 minutes 28 seconds East,39.81 feet;thence South 17 degrees 04 minutes 24 seconds East, 13.93 feet;thence North 42 degrees 21 minutes 18 seconds East, 165.01 feet;thence North 18 degrees 16 minutes 04 seconds East, 106.74 feet;thence North 43 degrees 40 minutes 06 seconds East, 113.94 feet to the southerly right-of-way line of Willowood Road per Document Number 1466314;thence South 78 degrees 10 minutes 00 second West,along said southerly right-of-way line,22.67 feet;thence southwesterly and westerly 115.36 feet along a non-tangential curve concave to the North having a radius of 50.00 feet,central angle of 132 degrees 11 minutes 52 seconds,and a chord bearing of North 89 degrees 11 minutes 21 seconds West to its intersection with a line drawn North 78 degrees 10 minutes 00 seconds East form the point of beginning;thence South 78 degrees 10 minutes 00 seconds West,to the point of beginning. Area to be guided Park/Open Space: That part of the Southwest Quarter of the Northwest Quarter of Section 12,Township 116,Range 22 and that part of Government Lot 5, Section 11,Township 116,Range 22 and that part of the accretions to said Government Lot 5,said easement is described as follows: Commencing at a point on the Westerly right-of-way line of U.S.Highway No. 169 distant 682.88 feet Southerly along said Westerly right-of-way line from its intersection with the North line of the Southwest Quarter of the Northwest Quarter of said Section 12;thence South 78 degrees 10 minutes West(assuming the West line of the Northwest Quarter of said Section 12 as bearing North and South),770.00 feet to the point of beginning of the easement to be described;thence North 78 degrees 10 minutes 00 seconds East, 311.11 feet;thence South 51 degrees 31 minutes 55 seconds East,23.39 feet;thence South 19 degrees 59 minutes 28 seconds East,74.08 feet;thence South 04 degrees 27 minutes 36 seconds West,28.66 feet; thence South 08 degrees 45 minutes 49 seconds East,27.78 feet;thence South 05 degrees 05 minutes 18 seconds West,39.84 feet;thence South 01 degrees 39 minutes 15 seconds West, 16.02 feet;thence South 13 degrees 52 minutes 11 seconds East, 19.96 feet;thence South 20 degrees 34 minutes 28 seconds East, 39.81 feet;thence South 17 degrees 04 minutes 24 seconds East, 13.93 feet;thence North 42 degrees 21 minutes 18 seconds East, 165.01 feet;thence North 18 degrees 16 minutes 04 seconds East, 106.74 feet; thence North 43 degrees 40 minutes 06 seconds East, 113.94 feet to the southerly right-of-way line of Willowood Road per Document Number 1466314;thence North 78 degrees 10 minutes 00 seconds East, along said southerly right of-way line, 129.79 feet;thence South 44 degrees 30 minutes 47 seconds East, 32.46 feet to the Westerly right-of way line of U.S.Highway No. 169;thence South 12 degrees 48 minutes 09 seconds West,along said westerly right-of-way line,582.22 feet to the South line of said Southwest Quarter of the Northwest Quarter of Section 12;thence North 87 degrees 11 minutes 11 seconds West, along said South line, 170.87 feet to the Southwest corner of said Southwest Quarter of the Northwest Quarter;thence South 87 degrees 57 minutes 14 seconds West,along the East and West Quarter line of said Section 11,a distance of 525.00 feet;thence North 12 degrees 02 minutes 46 seconds West to the shoreline of Bryant's Long Lake;thence northeasterly along the shoreline of said Bryant's Long Lake to the intersection with a line bearing North 36 degrees 00 minutes 00 seconds West from the actual point of beginning of said easement described;thence South 36 degrees 00 minutes 00 seconds East to the point of beginning.Except the South 100 feet of said Southwest Quarter of the Northwest Quarter of Section 12, and also except the that part thereof lying South of a line drawn parallel with and 100 feet North from said East and West Quarter line of Section 11. STAFF REPORT TO: Planning Commission FROM: Julie Klima, Senior Planner DATE: July 19, 2013 SUBJECT: Bryant Lake Land Use Guide Plan Change APPLICANT/ Homestead Partners LLC/James Duncan OWNER: 120 DAY REVIEW: November 5, 2013 LOCATION: South of Willowood Road and west of Bryant Lake Drive REQUEST: • Comprehensive Guide Plan Change from Park/Open Space to Low Density Residential on 0.89 acres. BACKGROUND The 9.3 acre property has always been guided Park/Open Space. The intent of this designation is to protect the shoreland area of Bryant Lake and wetlands. The Comprehensive Guide Plan shows the 9.3 acre site as Park/Open Space. The properties to the north are guided Low Density Residential and properties to the south and west are guided Park/Open Space. The property is a legal lot. The division was approved in 1980 when the minimum lot size was 5 acres. The entire parcel is 9.3 acres in size. Due to the wetland and setback areas, the buildable area of the site is 0.89 acres. GUIDE PLAN A Guide Plan Change is proposed from Park/Open Space to Low Density Residential on the 0.89 acre portion of the site. 8.41 acres will remain Parks/Open Space. STAFF RECOMMENDATION Recommend approval of the following request: Comprehensive Guide Plan Change from Park/Open Space to Low Density Residential on 0.89 acres. This is based on plans stamp dated July 5, 2013 and Staff Report dated July 19, 2013. Area Location Map - Bryant Lake Property (2013-08) Address: South of Willowood and West of Bryant Lake Drive, Eden Prairie, Minnesota 55344 acr m Bryant Lake m �45i Willowood co _ 1 111_ lam 000 SITE Bryant Lake Drive /ma Highway #212 N 1111 0 �.- 450 600 Feet I I I n I /I Guide Plan Map Bryant Lake Property - South of Willowood and West of Bryant Lake Drive, Eden Prairie, MN 55344 //j• m // a, `'\ >- B Lake 1. 0 00)1i: , LO Bryant Lake Drive # mi.SITEmu 0 J qiir Z J ► Creekfw ark Highway #212 ' l(r ' .. C of Eden Prai `. a d Use Gu- ile A, , , p 2000- . 4 '\ Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre MI Community Commercial Streams Low Density/Public/Open Space - Regional Commercial -Principal Arterial —A Minor Arterial Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 r---1 Medium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 E a E N High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised10-01-07 Minor Collect or DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE rndit Y// Office/Industrial Open Water L16E•WORK•DHEAM M f� Office/Public/Open Space Right—Of—Way 425 212.5 Oogamm�Me molNmmlNM®1�XnpneB1 1 .., 425 Feet - Industrial Guide Plan Map Bryant Lake Property - South of Willowood and West of Bryant Lake Drive, Eden Prairie, MN 55344 zy / i tit' 7% Bryant Lake I .. Ald Allirt- 111P-----------11 4(4": lgr' LO . - ::::_ Bryant Lake Drive Q SITE / ....J o J Aproximate Location of al r Guide Plan Change Request - ____iiiii. Highway #212 jt; ofEdenPrairi Land Use (aide np 2Q00-202( � .\ Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre MI Community Commercial Streams Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . . +;. ,i -B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 r---1 Medium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 EDEN High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collect or DATE Revised03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water .e LIVE•WORK•QAEAM 0op.... .o. .pa �m—.:o`:a,430 Feet Office/Public/Open Space Right-Of-Way 430 215 - Industrial Zoning Map Bryant Lake Property (2013-08) South of Willowood and West of Bryant Lake Dr. Eden Prairie MN 55344 , m m „,,,....... / r >- Bryant Lake 4, fv.,Cit- t iitilBryant Lake Drive �O1' �� �►D , t ., SITE -1 E.__ F.- ---N., fr if ::,:).4140, H\_ ighway #212 - -\, , 0 v ' ' . • 110( MI . onit a . OLakes n Rural -Regional Service Commercial R1-44 One Family-44,000 sf.min. -Regional Commercial Shoreland Management Classifications N R1-22 One Family-22,000 sf min. -TC-C r NE I Natural Environment Waters R1-13.5 One Family-13,500 sf min. TC-R I RD I Recreational Development Waters R1-9.5 One Family-9,500 sf min. Q TC-MU I GD I General Development Waters(Creeks Only) 1 { ,f. t RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park-2Acre Mi® 100- Year Floodplain -RM-2.5 Multi-Family-17.4 U.P.A.max.-Industrial Park-5 Acre Min. EDEN Office =General Industrial-5 Acrelndated through approved Ordinances#26-2008 I Neighborhood Commercial Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Community Commercial i. i--I I Golf Course Date:March 1,2009 Water in case of dlscrepencv related to a zoningaassOmaeon on this zoning map.the Ordinance LIVE•WORK•DREAM -Highway Commercial and attached legal descnpron on file at Eden Paine Ciry Center will prevail. Right of Way I I Right of Way 0 0.1 0.2 Miles .wa_,o...m..,=,..=4..t..o.a.,a ..._.i.m„.i, ,..,,m„ Aerial Map Bryant Lake Property (2013-08) South of Willowood and West of Bryant Lake Drive Eden Prairie, MN 55344 00 7 m IIIMIP m ti i.t .4.ii` /I I I t m Bryant Lake Drive ,, iiii i •�►D NI, L /..,-7-i:- _ t ,. . • , f: ,t-- „. ..,, ,,g�1 . .i. t , SITE S ,-.. , • . •• , ./ ' '• } ., .C9 /Ay .. 7. .._ . ., Highway #212 - I j 4/ - Ili ' ' A • �* J t'i • y / _40 �} r ` I I I -, APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JULY 22, 2013 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, Jacob Lee, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan STAFF MEMBERS: Regina Rojas, Senior Planner Stu Fox, Manager of Parks and Natural Resources Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE —ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Egan and Wuttke were absent. II. APPROVAL OF AGENDA MOTION by Kirk, seconded by Lechelt, to approve the agenda. Motion carried 6-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JUNE 24, 2013 MOTION by Frank, seconded by Kirk, to approve the minutes. Motion carried 6-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. BRYANT LAKE PROPERTY by Homestead Partners, LLC Location: Address Unassigned PID: 11-116-22-14-0005 Request for: • Guide Plan Change from Park/Open Space to Low Density Residential on 0.89 acres July 22, 2013 Page 2 Tom Strohm, representing Homestead Partners, stated they are here tonight requesting a guide plan change from Open Space to Low Density Residential on 0.89 acres. Chair Stoltz asked Rojas to review the staff report. Rojas stated this proposal involves 9.3 acre parcel of land that is designated for Park/Open space. Since this is adjacent to Bryant Lake the City originally designated the entire property as Parks and Open space. The applicant is asking for only .89 acres of the 9.3 acre parcel for Low Density Residential. Staff recommendation is for approval. There are conditions the City would like to add to the motion prior to the applicant obtaining the building permit. City staff has also been working with the applicant. Frank asked if the conditions were acceptable to the project proponent. Mr. Strohm stated they were acceptable to him. Lee asked if this lot of land was ever owned by the City or just a private applicant. Rojas said it was never owned by the City, only private, and was likely green—Open/Park space because it is adjacent to the lake and wetland. Chair Stoltz opened the meeting up for public input. Mary Ellen Wright, of 11228 Willow Wood, stated her property is adjacent to this parcel of land. She and her husband purchased their home from the applicant in January of 2011 and was told this parcel was guided parks but zoned rural. She stated she has some questions and the first one she would like a definition of low density housing. Rojas said it is residential homes from 0 to 2.5 acres. This property is not going to be subdivided; one home will only be built on it. The next question Ms. Wright asked is, what are the parameters for building a single family home that is zoned rural. Rojas said if they meet the setback requirements they can build the house. It would be the setbacks that were allowed in the 1980's when the lot was created. The applicant is not requesting any variances,just a guide plan change. Ms. Wright said this is the first time she had heard of the setbacks from the 1980's. Chair Stoltz said he wanted to clarify if the zoning was to stay the same. Rojas said it is zoned rural and this is not changing at this time. In order to construct on this land the guide plan and zoning need to match up; so what needs to be changed is the guide plan to low density residential, so they can build a house on the property. Ms. Wright asked about the conditions and do they all have to be met before they can build on the property. Chair Stoltz stated that was correct, all the conditions need to be met before they can start building. July 22, 2013 Page 3 Ms. Wright asked what the regulations are for the dock. Rojas said they would have to meet code for this. Mr. Strohm said they will abide within the City ordinance. Frank asked Ms. Wright what her concern was with this property. Ms. Wright said there were some inconsistencies with questions she had asked the City a year ago as they were told this property would not be built on. She stated she does not understand how a home can be built on this parcel of land because their driveway is at such a steep slope right now. Chair Stoltz ask Rue if he looked at the property. Rue said he did and that is why the following condition was added in order for the project to be approved. It states the driveway should be evaluated to avoid wetland impacts to the fullest extent possible. MOTION by Lechelt, seconded by Lee, to close the public hearing. Motion carried 6-0. MOTION by Lechelt, seconded by Lee, to recommend approval of the Guide Plan Change from Park/Open Space to Low Density Residential on 0.89 acres based on plans stamped dated July 5, 2013 and the staff report dated July 19, 2013 and subject to the following conditions prior to building permit issuance. • Apply for a City right-of-way permit for the water service connection. This may require a security. • Deed all necessary right of way and easements to the City. • Complete wetland delineation and revise based on the field evaluation conducted July 17, 2013. • The plans should be revised to show the correct wetland buffers based on the approved wetland delineation and assessment. This would include the new basin indicated north of the driveway. • A conservation easement would be required over the wetland and wetland buffer as per City code. The trail and boardwalk location for access to the lake must be indicated in the easement document. • The driveway should be evaluated to avoid wetland impacts to the fullest extent possible. • Land Alteration Permit is required from the City which will also be subject to Nine Mile Creek Watershed District requirements. • The driveway needs to be outside of the wetland and wetland buffer. Motion carried 6-0. July 22, 2013 Page 4 VII. PLANNERS' REPORT There was no planners' report. VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL Lechelt said she was unable to attend last month's meeting but stated it was just a continuation of the discussion of the technical issues regarding the crossings over the existing pathways. She also stated the Supplemental Draft Environmental Impact Statement was released and can be viewed at EQB.state.mn.us. Comments regarding this are due by August 12th. Send them to Nani Jacobson at nani.iacobson(u metrotransit.org. The next meeting will be Thursday evening, July 25. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Kirk, seconded by Lee, to adjourn the meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 7:31 p.m. Planning Commission Meeting July 22, 2013. Bryant Lake Property—public comment Mary Ellen Wright, 11228 Willow wood Rd They purchased their home from the Duncan's in 2011. Prior to that they were offered to purchase the 9 acre parcel of unplatted land (the parcel being discussed tonight) and when they came to the city to do due diligence, they were told it was Parks/Open Space and it would always stay that way. Question 1—Why now is it being discussed to make a change? Question 2—Define Low Density housing Staff Answer: Avail for home 0-2.5 units/acre, residential. Can be single family as long as it meets the requirements. Proponent is not proposing to subdivide the property. Planning on building one home. Question 3—It has been zoned Rural correct?That is what she had been told. What are the particulars for building a home in Rural zoning? Staff Answer: Single family would have to meet the setbacks and minimum lot size in the 80's when the project was approved. Wright: rural setbacks are 50'front; 50' rear; 150'total side yard—is that what is applicable for this parcel? Staff Answer: setbacks that were allowed back in the 80's—not sure if they are the same as they are today.Applicant is requesting a guide plan change only. Question: why not single family—vs- low density? Staff Answer: Applicant is not required to change the zoning. Wright: the confusion you're experiencing is what I have been experiencing throughout the 2 year process. Wasn't aware the setbacks in the 80's were different than they are today.This is the first time I've heard that. Rural setbacks would negate the possibility to build. Had we know that, we would have purchased the property for an investment or to preserve the property.You can appreciate our lack of understanding. We are looking for clarification tonight. Question: What is the intention of the Duncan's at this point? Staff Answer:The proponent is not changing the zoning. It is zoned rural which allows for single family home, but tonight they are only requesting a guide plan change. Question: What has happened between last November and now when we were at the city—officially? I was told it was 5 acres. Staff Answer:That is why the proponent is here tonight to change the guide plan which will make the request compatible. In this case the guide plan was accidentally placed in Parks/Open Space instead of Low Density. Wright requested a copy of the conditions. Question: If all criteria is met,then they would be able to build?Will the commission take a vote tonight? Answer:Yes. And yes the commission will likely take a vote on this project tonight.The conditions were prior to building permit. Question:The dock. Had asked the city about putting a dock on the property prior, and the response was they would be no way a dock could be put on the property. 400 sq ft and 75 'in length—is that code? Staff Answer: If they meet code—which I don't have the measurements in front of me.The intent is to put in a dock and create a boardwalk over the conservation easement area which would remain over the non-buildable acreage. Wright: had the DRN out to clean up around the lake and they have huge concerns about the steep slope—the only place to put a driveway. How can you build when the City said it wasn't buildable in November? CITY COUNCIL AGENDA DATE: August 20, 2013 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community Development/Planning Certificate Of Appropriateness Janet Jeremiah/Lori Creamer #2013-01-004 REQUESTED ACTION Move to: • Close the Public Hearing; and • Adopt the Findings of Fact and Approve Certificate of Appropriateness #2013-01-004 for the Demolition of an Asphalt sided shed SYNOPSIS The Cummins-Grill house located at 13600 Pioneer Trail was designated a Heritage Preservation Site on September 16, 1997. The property was also designated a National Register of Historic Places property on October 13, 1982. A Certificate of Appropriateness (COA) is required to make any change in, on, or to a designated Heritage Preservation Site, including demolition. Any proposed change, addition or alteration to a building, structure or site must meet the Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. The Heritage Preservation Commission and staff reviewed plans for the demolition of the workshop building (Asphalt sided shed), to ensure compliance with these standards. The City Council approves the Certificate of Appropriateness. This Certificate of Appropriateness will approve the following items: Asphalt Sided Shed: The City is requesting approval of a Certificate of Appropriateness for demolition due to the shed's advanced state of dilapidation. Given the current condition of the building, and the concern for the safety of Historical Society members, and the public who may be renting the site for an event, it is recommended that the building be removed. Prior to demolition the building will be documented with photos and GPS coordinates. FINDINGS OF FACT The plan is found to meet preservation standards applicable to this application request based on the following: • That notice of the meeting was published in the local paper • That proper notice was given to property owners within 500 feet of the site • That the application for review and sufficient documentary information on the demolition of the shed was provided to the HPC • That the application does meet the Secretary of The Interior's Standards, and the specific Criteria in City Code, Section 11.05, Subd. 8. D., Criteria for Demolition of Historic Preservations Sites, and Subd. 8. C., Criteria for Certificate of Appropriateness. Asphalt Sided Shed Demolition: D. 1. The public's interest in the preservation of the cultural resource. The dilapidated condition of the building necessitates its removal for safety reasons. The shed is not the principal historic building on the site and was moved to the site in the 1950's by previous owner, the Grill family. D. 2. The ability of the cultural resource to reasonably meet the National, State or local criteria for designation as a heritage Preservation Site. Due to its condition the shed lacks the required integrity for designation. D. 3. The age of the cultural resource, its significant features, unusual or uncommon design, texture, and/or material and its ability to be reproduced without unreasonable difficulty and/or expense. The shed does not exhibit unique construction or the use of unique materials. D. 4. The ability of the cultural resource to help protect a historic place or prehistoric site or area of historic interest in the City. Not applicable. D. 5. The ability of the historic resource to promote the general welfare of the City by: a. encouraging the study of American history, architecture and design; b. by developing an understanding of the importance and value of the American culture and heritage; and c. by making the City a more attractive and desirable place in which to live. The building lacks the historical significance and physical integrity to be considered under this item. D. 6. The cost and economic feasibility of restoring the cultural resource. Due to the extremely dilapidated condition of the building and foundation, restoration is not a viable option. It would be cost prohibitive to restore and the vast majority of the original material could not be reused. Complete reconstruction of the building would be needed and this too is not economically feasible when considering cost and the need for a workshop. The Eden Prairie Heritage Preservation Commission held a public meeting on August 5, 2013, and reviewed the demolition plan per City Code, Section 11.05, Subd. 8. C., Criteria for Certificate of Appropriateness, and Subd. 8. D., Criteria for Certificate of Appropriateness for Demolition of Historic Preservation Site. The Commission voted in favor 7-0 and recommends that the City Council approve the application for Certificate of Appropriateness No. 2013-01-004. BACKGROUND The City of Eden Prairie leases the Cummins-Grill house and property to the Eden Prairie Historical Society. The Historical Society has been working with the City to see if there was a reasonable use for the shed, and determined there was not given the cost to repair the deteriorated building. ATTACHMENTS/EXHIBITS • COA Application • Findings of Fact • Unapproved HPC Minutes 8-5-13 • Photo Exhibit • Aerial Map City Of Eden Prairie Certificate Of Appropriateness Application Form Property Address: 1 13600 Pioneer Trail Property Owner:!City of Eden Prairie CIO Parks and Recreation Department - Y Zip Code: 55344 Phone Number: 952-949-8442 Email Address: sfox@edenprairie.org Applicant (If different than owner): Stuart Fox - Parks and Natural Resources Manager Mailing Address:( Zip Coder Phone Number:! Email Address: Provide Project Description Removal/demolition of the "Modern Asphalt Sided Shed" from the Cummins-Grill Homestead property. This is a one story wood framed building that has deteriorated significantly in recent years. Due to the many holes in the roof it has been covered with a tarp for several years to reduce water infiltration and damage. It has been reviewed for historical significance by John Gertz. For Staff Comments Only ❑ Staff Reviewed ❑ Major work ❑ Referral To HPC Review n Minor work ❑ Review Date: ❑ `COA number: Required Attachments Print ❑ One original printed copy of'all materials listed below ❑ Completed COA application form n Photos of all sides of the structure and site (color photos no smaller than 4" x 6") ❑ Written narrative explaining the proposed work ❑ Site plan ❑ Elevation drawings and floorplans of addition or alterations (8 1/2"x 11 ") ❑ Specifications of Materials Used ❑ Samples of all materials, paint colors, finishes Recommendations ❑ Approve Comments: ❑ Approve with conditions Comments: ❑ Disapprove Comments: Acknowledgement of Responsibility I agree to comply with all conditions of this certificate and other applicable City of Eden Prairie regulations, and to pursue this project in strict conformance with the plans approved by the HPC and City Council. I understand that no changes are permitted, without prior approval from the City, and that failure to follow approved plans is a violation of the zoning ordinance. Applicant Signature: Staff Initials: Printed Name: Fee: Date of Application: Date of Approval: City of Eden Prairie/8080 Mitchell Road/Eden Prairie, MN 55344/Phone:952-949-3485/Fax:952-949-8392/www.edenprairie.org TO: Heritage Preservation Commission FROM: Lori Creamer, Staff Liaison for HPC DATE: August 2, 2013 PROJECT: COA—2013-01-004 Findings of Fact Recommendation Asphalt Sided Shed Demolition at Cummins-Phipps-Grill House Property REQUEST AND BACKGROUND The Cummins-Phipps-Grill house was designated a Heritage Preservation Site on September 16, 1997. The property was also listed as a National Register of Historic Places property on October 13, 1986. A Certificate of Appropriateness (COA) is required to make any change in, on, or to a designated Heritage Preservation Site, including demolition. Any proposed change, addition or alteration to a building, structure or site must meet the Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. The City Council approves the Certificate of Appropriateness. The Certificate of Appropriateness will approve the following: Asphalt Sided Shed(ca. 1950) The City is requesting demolition of the shed due to an advanced state of dilapidation, and non- historic contributing factors based on the shed's approximate construction date. Given the current condition of the building, and the concern for the safety of Historical Society members, and the public who may be renting the site for an event, it is recommended that the building be removed. Prior to demolition, the building will be documented with photos and GPS coordinates. FINDINGS OF FACT The shed demolition plan is found to meet general preservation standards applicable to this application request. The HPC may wish to adopt and recommend to the City Council the following Findings,based on the criteria in City Code, Section 11.05, Subd. 8. D., Criteria for Certificate of Appropriateness for Demolition of Historic Preservations Sites, and Subd. 8. C., Criteria for Certificate of Appropriateness. Re: Asphalt Sided Shed Demolition D. 1. The public's interest in the preservation of the cultural resource. 1 The dilapidated condition of the shed building necessitates its removal for safety reasons. The shed is also found to be a non-contributing historic building based on lack of integrity and construction date (ca. 1950). D. 2. The ability of the cultural resource to reasonably meet the National, State or local criteria for designation as a heritage Preservation Site. Due to its condition the shed lacks the required integrity for designation. D. 3. The age of the cultural resource, its significant features, unusual or uncommon design, texture, and/or material and its ability to be reproduced without unreasonable difficulty and/or expense. The shed is of more recent construction and does not contribute to the earlier period of significance of the property. The shed does not exhibit unique construction, features, or the use of unique materials. D. 4. The ability of the cultural resource to help protect a historic place or prehistoric site or area of historic interest in the City. Not applicable. D. 5. The ability of the historic resource to promote the general welfare of the City by: a. encouraging the study of American history, architecture and design; b. by developing an understanding of the importance and value of the American culture and heritage; and c. by making the City a more attractive and desirable place in which to live. The building lacks the historical significance and physical integrity to be considered under this item. D. 6. The cost and economic feasibility of restoring the cultural resource. Due to the dilapidated condition of the building and foundation, and lack of viable future use, restoration is not a viable option. 2 STAFF RECOMMENDATION Staff recommends approval of the demolition plan as submitted. The plans to demolish the asphalt sided shed have been prepared in a way that minimizes site disturbance. RECOMMENDED MOTION The Heritage Preservation Commission has found that the demolition of the asphalt sided shed, as submitted by the City of Eden Prairie, meets the general preservation standards and recommends the City Council approve the application for COA#2013-01-004. 3 UNAPPROVED MINUTES EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION MONDAY,AUGUST 5, 2013 7:30 P.M., SENIOR CENTER, Room 201 8950 Eden Prairie Road COMMISSION MEMBERS: Ed Muehlberg (Chair), Cindy Cofer Evert(Vice Chair), Steve Olson, JoAnn McGuire, Pamela Spera, Mark Freiberg, Deb Paulson STAFF: John Gertz, Pathfinder CRM, LLC Lori Creamer, Staff Liaison Heidi Wojahn, Recording Secretary I. CALL TO ORDER/ROLL CALL Following a joint meeting with the Eden Prairie Parks, Recreation and Natural Resources Commission, Chair Muehlberg called the meeting to order at 7:31 p.m. II. APPROVAL OF AGENDA MOTION: McGuire moved, seconded by Freiberg, to approve the agenda. Motion carried 7-0. III. APPROVAL OF MINUTES Cofer Evert requested"with Kathie Case"be removed under Item VI.C. WORK PLAN REVIEW as Case's assistance with the heritage site plaques project had not been requested. MOTION: Paulson moved, seconded by Freiberg, to approve the July 15, 2013 minutes as amended. Motion carried 6-0-1 with Cofer Evert abstaining. IV. REPORTS OF COMMISSION AND STAFF V. NEW BUSINESS A. CERTIFICATE OF APPROPRIATENESS (COA)—DEMOLITION OF ASPHALT SHED AT JOHN R. CUMMINS HOMESTEAD Creamer referred to tonight's earlier joint meeting during which Stu Fox had stated the Parks Depaitiiient had applied for a COA to demolish the shed. She reviewed the meeting packet materials noting the comments on the application form are from Fox. The memo from Creamer, written with assistance from Gertz, talks about what is being proposed. The City Council memo is to help commissioners in terms of making a motion. Pictures of the shed were included in the packet. Creamer had asked for, HERITAGE PRESERVATION COMMISSION MINUTES August 5, 2013 Page 2 and Fox had provided, photos without the tarp wrapping so Council could get an accurate reflection of the condition of the shed. An aerial view shows the shed's location. Creamer explained the HPC's task is to make a recommendation to Council on the demolition of the shed. Creamer asked if anyone had questions or if Gertz had anything to add. Gertz said he did not have a lot to add but explained the real reason behind the approval of the demolition is the lack of integrity, not the lack of historical significance. Even more than the lack of physical integrity is the fact it would be a lot of work to rebuild it as evident in the photos. Nobody has an interest in doing that or in using the building which leaves it without hope. Nobody wants to use it and nobody wants to invest in it. It needs a lot of work. Upon close personal inspection, it is apparent the building is dilapidated and rotting from about knee-level down. The entire building would need to be lifted up and a whole new foundation put in. All kinds of work would need to be done on the inside including wall studs and everything necessary to attach to a new lower assembly. The roof needs work, too. He doesn't want to make a case for why the shed should be torn down, but that is the condition of the building. It's more that nobody wants to use it and there is no purpose. Cofer Evert added the building wasn't original to the property and not that old. Gertz said if it dates to the 1950s, it is part of the Grill family. Time on the property and the significance for the property extends to all three families. One could say it is the last building associated with the Grills. They were responsible for putting it up and using it so there may be historical significance. It probably fits into the period of significance,but it's all about the condition of the building and the fact nobody wants to use it. We could insist it not be torn down and it could sit there and continue to crumble away, or we could approve the removal of the building and have proper documentation done so something is in the files providing a reference. Creamer asked if Gertz had previously said documentation was pretty much complete. Gertz said documentation has been done multiple times. Years ago, students enrolled in Northwest Technical Institute's (NTI) drafting program came to the property and did measured drawings of every building on site including some that no longer exist, so we have actual drawings and that's about as good as it gets. McGuire asked if the shed was an"attractive nuisance"which is a legal term meaning kids would be playing in it and could get hurt. Gertz said that aspect exists, too. He doesn't think the building will fall down right now,but it surely could attract kids if it were unwrapped and just left. They could get in there and do stuff and get hurt. It represents a safety issue because it isn't secure. McGuire said that should be another primary reason to take it down. Gertz agreed saying he thought this particular issue had already been identified by the Parks Department. Freiberg said another thing to think about is the fact the place is rented. If there is a group of people on site, potentially it's a real danger because it's quite possible kids would be around and could get hurt. Muehlberg referenced a garden shed with a roof that had caved in. Gertz said that building was in even worse condition than the shed. There was also a wood shed on the property for years that deteriorated. HERITAGE PRESERVATION COMMISSION MINUTES August 5, 2013 Page 3 Freiberg commented on his surprise on how far away from the house the shed sits. Gertz said it does sit far away, but at one time there were many more buildings as it was a whole farmyard. Freiberg said it wouldn't detract from the significance of the house. Cofer Evert said when the review was done for the teardown of the outbuilding behind Dunn Brothers at the Smith Douglas More House (SMD), the request was made to salvage some of the wood because it had value. She asked if there was any value in the pieces of wood or structure at all worth saving. Gertz said he honestly didn't think so. It's all modern dimensional lumber, German Drop siding, readily available at any lumberyard today. It is the same type of siding salvaged from the shed at SMD. It is possible something of value might appear from below during demolition. A lot of stuff gets thrown under barn buildings. The shed is sort of elevated off the ground so there might be things down there. It's just a matter of being there and observing when it's torn down. Cofer Evert asked if Gertz would be able to be there during demolition and if we could request his presence. Gertz said he could be there and his presence could be requested. Muehlberg said that could be part of the motion. Cofer said the rafters look pretty open but asked if it was possible there could be something up there. Gertz said it is something that needs to be looked at because you never know where there might be an artifact. Olson asked if,pending the decision to demolish, a last set of photographs needs capturing. Muehlberg said yes, there would need to be final documentation. Olson asked if, referring to the earlier measured drawings, the files need collating. Gertz said the last couple times buildings were demolished, probably the shed at SDM and non-historic buildings before that, things went to a file. In this case, it would go into the Cummins Grill (CG)property files and be listed as a shed demo. All the documentation and photographs would be part of the file. It is possible to add the measured drawings. The drawings exist at the City in CD form. If we want to locate the shed drawing and add that set of plans to the property file,that can be done. Olson asked if he was correct in understanding that the house is the historic resource and the shed is a contributing element to a house but not a district. Gertz said the house was not designated as a district. Some of the buildings were considered contributing and others were not contributing based on age and condition, etc. Even though they may have been historically significant, some did not meet the criteria based on integrity so they never made it on the list. He would have to go back and see what condition the shed was in when it was first designated to find out if it was a contributing or non-contributing building. It may have been contributing at that time, but it wouldn't be now. Gertz stated the whole property has taken a hit over time. He wouldn't want somebody from SHPO to start reconsidering its national register status. It's on the national register now but it has lost a lot because of the loss of site, referred to as "context". It has been impacted by the surrounding park development, the recent highway expansion that took 20+ feet of the front lawn, the loss of buildings, and the parking lot built in the back. Those types of things chip away at the site's context so HERITAGE PRESERVATION COMMISSION MINUTES August 5, 2013 Page 4 integrity is simultaneously eroded. Back when the site was nominated, the form would have said something along the lines of"the site has good integrity and the context is such that it can convey its original agricultural roots and heritage and grade. Today, he doesn't see that at all anymore. It's gone and lacks that context, and that's a hit on the integrity of the site. Those things can actually erode a property's historical significance down the road and although rare,properties are delisted. He doesn't think this would be the case here because the house itself is in such good condition and other things have been done around it to mitigate it,but it does decrease the value of the site. Freiberg said he saw a painting once of what the farm looked like originally with the windmill and buildings. It doesn't look anything like the painting. Muehlberg said the planned landscaping should help offset and bring back that experience. Cofer Evert agreed it adds some value back in. Gertz said SHPO was involved in the process so they were on board with it. He also noted a farm house really doesn't tell the story; it's all the buildings and the house and the land. Spera asked if that would be a reason to keep the shed. Gertz said he personally sees no reason the shed should go, it's just that nobody wants it. Basically that's the problem. Nobody wants to put money into keeping it. The Eden Prairie Historical Society issued a statement indicating they have no interest in it, and the Parks Department doesn't want it. Muehlberg asked if it was possible to dismantle instead of demolish it as was done with the school house. Gertz said that wouldn't help and was a different type of demo. Muehlberg said he was thinking more along the lines of keeping the materials in case it potentially ever gets rebuilt. Gertz said he didn't see much value in dismantling as the value is in having the building there. That is lost once the building's gone. Spera asked if there was a way to fix just the dangerous aspect of the building without doing a complete renovation just to make it safe if it's an attractive nuisance for kids. Gertz said it could be boarded up,but that won't stop it from continuing to decay. It might just delay the inevitable. What really saves buildings is usage. If a building doesn't have a purpose which does not necessarily mean people in and out using the building, then it's not likely to be saved. That's the cold hard truth about historic properties that's why everyone tries to find adaptive uses for buildings. People are constantly looking at alternatives for use of historic properties. If they don't, they will be demolished. That's the way it works. More and more historic properties have to pull their own weight. Not only do they need to have a use,but a use to generate funds which is even more difficult. Cofer Evert brought up a prior HPC discussion about storage needs mentioning an overflowing building next to the Riley Jacques House (RJ). She asked if the shed could be used as a storage facility with a tiny bit of repair. Gertz said he didn't have all the answers. If the Parks Department wanted it they would use it for storage, but they don't want it. He doesn't recommend anyone keep anything of value in it. Items used by the theater group are stored at RJ,but they wouldn't want them as far away as the CG property. The only use he can think of is for storing tools or apple baskets if HERITAGE PRESERVATION COMMISSION MINUTES August 5, 2013 Page 5 the site develops an orchard, but the little concrete block shed on-site serves the same purpose. Freiberg referred to a picture of the inside showing rot a couple feet up from the ground. Gertz said he had much more damning photos. It needs a lot of work. Olson said since there are measured drawings, and because we have such good documentation and the shed is in such poor condition,we historically wouldn't be out too much if there was a windfall of money and a decision was made to reconstruct a building of the same nature. A little bit of historic fabric would be lost, but we're paying a pretty healthy maintenance or risk price over it. Cofer Evert said it's an eyesore. Spera said money spent on this means money taken away from something else. Gertz said there is no doubt it's an eyesore,but that is not reason to throw away a building. Paulson said the lack of interest on so many levels reiterates that this is not necessarily an impulsive, careless decision. Gertz said if it were in better condition and didn't need so much work, he'd recommend removing the asphalt siding to see what the rest of the building looks like and maybe restore it, but that's not where it's at. Olson said if he needed to make a case before Council for Overlook dollars or this, he would choose the Overlook. Cofer agreed she also wants the Overlook. Gertz said it's true there are other places to spend resources rather than saving a building that might just sit empty anyway. Something would eventually end up going in there, but he doesn't know that the money to restore the building would be offset by a real minor use of storing a couple wheelbarrows. Freiberg said he imagines it would be fairly cheap to demo it. Muehlberg noted the Green Acres Barn trusses and significance saying it would be far more painful to demolish something with materials not readily available. Maybe there will be an orchard shed in need of construction down the road if the documents are still available. Gertz said there are plenty of plans to work from. Several buildings have been documented. Muehlberg asked if there was an overall site plan of the buildings. Gertz said NTI did a site plan. Muehlberg said it would be nice to have a reference. Gertz said some of the interpretive panels on site show the early farmstead aerials. There are ways to convey information about the buildings that were once out there. Gertz said if the building was in much better condition, it would probably be worth saving even if it didn't have a defined use. That isn't the case. It's a lot of money to rebuild the foundation. Creamer said at this point we are seeking a recommendation. Muehlberg said the only thing to add was to make sure somebody is available to watch the process in case something turns up. He asked if there was any more discussion. Seeing none, he called for a motion. MOTION: Freiberg moved, seconded by Paulson, the Heritage Preservation Commission has found that the demolition of the asphalt-sided shed, as submitted by the City of Eden Prairie, meets the general preservation standards and recommends the City Council approve the application for COA#2013-01-004 with the additional request Gertz be on-site during demolition. Motion carried 7-0. HERITAGE PRESERVATION COMMISSION MINUTES August 5, 2013 Page 6 Cofer Evert circulated copies of the pictures Gertz was talking about showing the outbuildings and what the farmyard looked like at one time. Creamer stated this item will now go to the August 20th City Council meeting. VI. FYI ITEMS VII. FUTURE MEETINGS/EVENTS - Creamer The next HPC meeting will be Monday, September 16, 2013, 7 p.m., location to be determined. VIII. ADJOURNMENT MOTION: Olson moved, seconded by Cofer Evert, to adjourn. Motion carried 7-0. Chair Muehlberg adjourned the meeting at 8:34 p.m. Cummins-Phipps-Grill Homestead 13600 Pioneer Trail "Modern Asphalt Sided Shed" • • . . • • Current View of West Side Ahtlrf • • Current View of West and South Sides , ; / „ ,. --_,A\ . (,,,‘, : ,.. , ‘ 110/ k., , , ,_ 0 ti 1 A ifs t �r P,:r. # f . -.� 4 s . V 'lli iiiit - Exterior View Prior to Tarp Installation r .,I a, l't begin, i •—..le. _, .I/ 11 \ .1.1to!• am. y ,"r. S -.. L y. _.- .f,• AA _R - mot. _,� Interior View Prior to Tarp Installation Cummins-Phipps-Grill Homestead Asphalt Sided Shed Certificate of Appropriateness (COA) 2013-01-004 13600 Pioneer Trail l 4 Shed Location v. th r f ' rj' 'Aw - - - - * r cir . r fEs - .1F ••.. -LEES. • ' .• • • f• • . , 7', i_ Cummins-Phipps-Grill House . . - ,•• ' t." a r • • fl.._4„. . _ r„, Sot • Pioneer Trail 0 30 60 120 Feet CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims August 20, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 226980—227685 Wire Transfers 1004194 1004604 Wire Transfers 4780 4804 Purchasing Card 4797 June Purchases City of Eden Prairie Council Check Summary 8/20/2013 Division Amount Division Amount General 262,939 315 Economic Development 1,414,941 100 City Manager 1,192 502 Park Development 17,477 101 Legislative 432 509 CIP Fund 89,277 102 Legal Counsel 38,282 512 CIP Trails 33,474 110 City Clerk 580 513 CIP Pavement Management 29,983 111 Customer Service 12,661 528 Shady Oak Rd-CR 61 North 731,219 112 Human Resources 715 529 Shady Oak Rd-CR 61 South 141,986 113 Communications 12,322 530 Pool Upgrade/Expansion 14,609 114 Benefits&Training 29,818 531 Eden Prairie Road 1,000 130 Assessing 1,850 Total Capital Project Funds 2,473,965 131 Finance 1,731 132 Housing and Community Services 5,613 601 Prairie Village Liquor 324,077 133 Planning 745 602 Den Road Liquor 489,899 136 Public Safety Communications 5,579 603 Prairie View Liquor 351,541 137 Economic Development 26 605 Den Road Building 2,065 138 Community Development Admin. 380 701 Water Fund 350,925 150 Park Administration 49 702 Sewer Fund 323,925 151 Park Maintenance 127,583 703 Storm Drainage Fund 139,208 152 Parks Capital Outlay 9,407 Total Enterprise Funds 1,981,641 153 Organized Athletics 982 154 Community Center 31,357 316 WAFTA 250 155 Beaches 1,889 803 Escrow Fund 260,913 156 Youth Programs 31,383 806 SAC Agency Fund 48,700 157 Special Events 40,573 807 Benefits Fund 1,102,137 158 Senior Center 3,393 809 Investment Fund 7,907 159 Recreation Administration 6,338 811 Property Insurance 14,511 160 Therapeutic Recreation 2,227 812 Fleet Internal Service 287,930 161 Oak Point Pool 500 813 IT Internal Service 106,881 162 Arts 12,225 814 Facilities Capital ISF 232,517 163 Outdoor Center 1,563 815 Facilites Operating ISF 94,650 164 Park Rental Facilities 786 816 Facilites City Center ISF 150,845 168 Arts Center 531 817 Facilites Comm.Center ISF 87,301 180 Police 37,457 Total Internal Service Funds 2,394,544 183 Emergency Preparedness 465 184 Fire 24,338 Report Totals 8,979,437 186 Inspections 3,494 200 Engineering 8,504 201 Street Maintenance 849,131 202 Street Lighting 77,864 Total General Funds 1,646,903 301 CDBG 13,531 303 Cemetary Operation 41 304 Senior Board 300 308 E-911 316 309 DWI Forfeiture 42 312 Recycle Rebate 25,525 Total Special Revenue Funds 39,755 423 2003C Open Space Bonds 3,803 424 G.O.Improvement Bonds 2003D 3,500 427 2005 G.O.IMPR BONDS 350 429 G.O.Improvement Bonds 2005C 101,573 430 G.O.Improvement Bonds 2006A 99,731 431 G.O.Improvement Bonds 2006B 74,848 433 2007A Facility Lease-3rd Rink 29,813 442 2012B G.O.Refund Capital Imp 525 443 2012C GO Perm Impr Ref Bonds 127,556 445 Cable PEG 933 Total Debt Service Funds 442,629 City of Eden Prairie Council Check Register 8/20/2013 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1004395 778,773 WM MUELLER AND SONS INC Asphalt Overlay Street Maintenance Street Overlay 1004508 665,085 MAX STEININGER INC Improvement Contracts Shady Oak Rd-CR 61 North Improvements-Shady Oak/61 No 227016 599,815 GENERAL GROWTH PROPERTIES INC TIF Payment Project Fund TIF Payment 227320 321,038 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premium 4785 305,964 WELLS FARGO BANK MINNESOTA NA Bank Reserve 2012B GO Refund Capital Improv Bond Payment 227356 288,047 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General Monthly MCES Payment 1004212 257,403 EP CONSOLIDATED PROPERTIES LLC TIF Payment Project Fund TIF Payment 227464 246,638 FIRST AMERICAN TITLE INSURANCE Deposits Escrow Escrow Refund 4793 237,727 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 4787 233,223 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 1004461 206,634 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage Improvements-Shady Oak/61 No&So 1004478 189,468 ZIEGLER INC Machinery&Equipment Public Works New Grader 227677 161,557 COMMERCIAL REFRIGERATION SYSTE Other Contracted Services Facilities Capital Ice Rink 2 4790 140,324 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 4796 139,654 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 4784 127,556 WELLS FARGO BANK MINNESOTA NA Interest 2012C GO Perm Impr Ref Bonds Bond Payment 227007 126,481 DOMINIUM TIF Payment Project Fund TIF Payment 227077 125,331 TE MILLER DEVELOPMENT LLC TIF Payment Project Fund TIF Payment 227089 124,568 WINDSOR PLAZA LLC TIF Payment Project Fund TIF Payment 4803 116,630 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales&Use Tax 1004397 105,189 XCEL ENERGY Electric Street Light Monthly Electric 227078 104,767 TEALWOOD CARE CENTER TIF Payment Project Fund TIF Payment 1004245 101,464 SRF CONSULTING GROUP INC Improvement Contracts Shady Oak Road/CR 61 SOUTH Improvements-Shady Oak/61 So 1004477 99,023 XCEL ENERGY Design&Engineering Shady Oak Rd-CR 61 North 227158 90,301 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 1004512 79,979 ODESA II LLC Land Improvements Capital Impr./Maint.Fund 227479 68,353 JOHNSON BROTHERS LIQUOR CO Beer Prairie Village Liquor Store 226998 53,837 COMMERCIAL REFRIGERATION SYSTE Building Facilities Capital 227082 51,731 UNITED PROPERTIES TIF Payment Project Fund 227048 48,213 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 4797 48,119 US BANK Deposits Escrow 227224 42,166 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store 227251 41,184 WIRTZ BEVERAGE MINNESOTA Liquor-Incentives Prairie Village Liquor Store 227604 41,063 JOHNSON BROTHERS LIQUOR CO Beer Prairie View Liquor Store 227270 40,960 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM 1004427 40,885 GREGERSON ROSOW JOHNSON&NILA Legal Rehab 227020 36,566 H&B SPECIALIZED PRODUCTS INC Improvements to Land Staring Lake Fixed Asset 1004236 32,855 PARROTT CONTRACTING INC Other Contracted Services Outdoor Center 227038 31,809 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 1004437 30,873 LOGIS LOGIS IT Operating 227006 30,843 DIVERSIFIED CONSTRUCTION Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 1004473 29,356 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 1004486 27,395 BAKER TILLY VIRCHOW KRAUSE LLP Software Maintenance IT Operating 227510 26,268 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie Village Liquor Store 1004536 25,573 XCEL ENERGY Electric Traffic Signals 227382 25,000 RES SPECIALTY PYROTECHNICS INC Other Contracted Services July 4th Celebration 1004553 24,875 DIVERSE BUILDING MAINTENANCE Janitor Service Den Road Liquor Store 1004398 24,439 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 227364 24,386 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 1004537 24,280 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 1004209 24,203 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store 1004417 23,766 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store 1004248 23,570 THORPE DISTRIBUTING Beer Prairie View Liquor Store 227092 23,057 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 227412 22,924 TRAFFIC MARKING SERVICE INC Contracted Striping Traffic Signs 1004440 22,840 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 1004402 22,810 ALLIED WASTE SERVICES#894 Other Contracted Services Recycle Rebate 4791 22,696 US BANK-CREDIT CARD MERCHANT Bank and Service Charges Finance 227252 22,504 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 227524 21,972 WIRTZ BEVERAGE MINNESOTA Liquor Prairie View Liquor Store 227669 21,722 WIRTZ BEVERAGE MINNESOTA Liquor Den Road Liquor Store 227430 21,650 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 4798 21,579 US BANK-CREDIT CARD MERCHANT Bank and Service Charges Finance 4789 21,478 ING Deferred Compensation General Fund 1004466 21,380 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 4795 21,067 ING Deferred Compensation General Fund 227200 19,524 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store 227330 19,118 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 227091 19,027 WIRTZ BEVERAGE MINNESOTA Liquor-Incentives Prairie View Liquor Store 1004527 18,646 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 1004388 18,623 THORPE DISTRIBUTING Beer Den Road Liquor Store 227156 18,535 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 227646 18,186 SOUTHERN WINE&SPIRITS OF MN Transportation Den Road Liquor Store 227036 17,961 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 227295 17,876 CURB MASTERS INC Improvement Contracts CIP Trails 227465 17,500 GABBERT,JAMES D Other Contracted Services Community Center 227477 17,275 JJ TAYLOR DISTRIBUTING MINNESO Misc Non-Taxable Prairie Village Liquor Store 227670 16,698 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 227376 16,624 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 1004493 16,366 DAY DISTRIBUTING Misc Taxable Prairie Village Liquor Store 227563 16,324 COURT SURFACES&REPAIR Deposits Escrow 227332 15,765 JOHNSON BROTHERS LIQUOR CO Wine Domestic Prairie View Liquor Store 227680 15,742 MINGER CONSTRUCTION INC Improvement Contracts Storm Drainage 227586 15,471 GOODPOINTE TECHNOLOGY (C/O ZO Design&Engineering CIP Pavement Management 4794 15,366 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 4788 15,320 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 227292 15,275 COMMERCIAL ASPHALT CO Patching Asphalt Street Maintenance 227525 14,982 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 227587 14,700 GRAYMONT Treatment Chemicals Water Treatment Plant 227312 14,696 GRAYMONT Treatment Chemicals Water Treatment Plant 227467 14,663 GRAYMONT Treatment Chemicals Water Treatment Plant 227592 14,609 HAMMEL,GREEN AND ABRAHAMSON Design&Engineering Pool Upgrade/Expansion 227017 14,511 GOODPOINTE TECHNOLOGY (C/O ZO Design&Engineering CIP Pavement Management 1004471 14,470 WALL TRENDS INC Equipment Repair&Maint Water Treatment Plant 227602 14,288 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 227012 14,090 FINLEY BROS INC Other Contracted Services Staring Lake 1004350 14,046 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store 1004401 13,863 ADVANCED ENGINEERING&ENVIRON Design&Engineering Water Capital 4780 13,756 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 227342 13,595 KEYS WELL DRILLING COMPANY Equipment Repair&Maint Water Wells Check# Amount Vendor/Explanation Account Description Business Unit Explanation 227560 13,467 COMMERCIAL ASPHALT CO Patching Asphalt Street Maintenance 227614 13,334 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 227491 13,087 MINNESOTA UI FUND Unemployment Compensation Organizational Services 227377 12,732 PRAIRIEVIEW RETAIL LLC Utilities Prairie View Liquor Store 227489 12,596 MIDWEST WEED HARVESTING Other Contracted Services Storm Drainage 4799 12,330 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 1004592 11,811 THORPE DISTRIBUTING Beer Den Road Liquor Store 1004589 11,748 ST CROIX ENVIRONMENTAL INC Design&Engineering Wellhead Protection Plan 227071 11,597 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store 227577 11,500 FENDLER PATTERSON Cash Park Fees Park Acquisition&Development 227028 11,497 HORNIG PROPERTIES TIF Payment Project Fund 227500 11,487 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 1004412 11,349 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 227019 11,153 GRAYMONT Treatment Chemicals Water Treatment Plant 1004513 10,800 ORACLE AMERICA INC Software Organizational Services 227065 10,500 PRECISION SEALCOATING INC Improvement Contracts Capital Maint.&Reinvestment 1004352 10,419 ENVIRONMENTAL PROCESS INC Other Contracted Services Facilities Capital 1004207 9,934 DAY DISTRIBUTING Beer Prairie View Liquor Store 227484 9,803 MARCO INC Other Contracted Services IT Telephone 227390 9,800 RUTLEDGE CONSTRUCTION CO Equipment Repair&Maint Water Treatment Plant 1004222 9,764 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Maintenance 1004387 9,761 STREICHERS Clothing&Uniforms Police 1004523 9,514 ST CROIX ENVIRONMENTAL INC Design&Engineering Wellhead Protection Plan 1004415 9,433 DAY DISTRIBUTING Misc Taxable Prairie Village Liquor Store 1004555 9,320 ESS BROTHERS&SONS INC Repair&Maint.Supplies Storm Drainage 1004223 9,267 HAWKINS INC Treatment Chemicals Water Treatment Plant 227236 9,247 SUNRAM CONSTRUCTION Improvement Contracts Storm Drainage 1004433 9,233 JOHN DEERE GOVERNMENT&NATION Machinery&Equipment Public Works 227324 9,015 HIGH ROAD HEATING&COOLING CO Other Contracted Services Project Fund 227633 8,756 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 227399 8,644 SOUTHWEST SUBURBAN PUBLISHING- Printing July 4th Celebration 1004562 8,473 HAWKINS INC Treatment Chemicals Water Treatment Plant 227070 8,409 SHORT ELLIOTT HENDRICKSON INC Improvement Contracts Eden Prairie Road 227541 8,392 B&B PRODUCTS/RIGS AND SQUADS Machinery&Equipment Police 1004204 8,198 CERIDIAN Ceridian IT Operating 226997 8,187 COMMERCIAL ASPHALT CO Repair&Maint.Supplies Storm Drainage 227459 8,125 COURT SURFACES&REPAIR Seal Coating Riley Lake 1004409 7,993 BIFFS INC Waste Disposal Park Maintenance 1004603 7,985 WSB&ASSOCIATES INC Other Contracted Services Park Acquisition&Development 1004353 7,376 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance 227146 7,346 GRAYMONT Treatment Chemicals Water Treatment Plant 227668 7,280 WINE MERCHANTS INC Transportation Den Road Liquor Store 227508 7,229 SHORT ELLIOTT HENDRICKSON INC Improvement Contracts Eden Prairie Road 227369 6,602 NORTHSHORE ADVISORS LLC Interest Investment Fund 1004543 6,572 BRAUN INTERTEC CORPORATION Other Contracted Services Facilities Capital 227064 6,475 PLEHAL BLACKTOPPING INC Other Contracted Services Rehab 227482 6,400 LANDMARK REMODELING LLC Other Contracted Services Rehab 227429 6,288 WIRTZ BEVERAGE MINNESOTA Liquor Den Road Liquor Store 1004455 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 227499 6,207 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 1004197 6,206 A-SCAPE INC Equipment Repair&Maint Water Treatment Plant 227105 6,066 ARTISAN BEER COMPANY Beer Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1004551 6,064 DAY DISTRIBUTING Beer Den Road Liquor Store 1004538 5,825 ZIEGLER INC Equipment Parts Fleet Operating 227026 5,772 HOHENSTEINS INC Beer Den Road Liquor Store 227683 5,670 VOLT Other Contracted Services Storm Drainage 1004533 5,617 WINE COMPANY,THE Transportation Prairie Village Liquor Store 227142 5,580 GOODPOINTE TECHNOLOGY (C/O ZO Other Contracted Services Park Maintenance 227050 5,571 MIDWEST WEED HARVESTING Other Contracted Services Storm Drainage 227374 5,516 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 227612 5,303 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 227419 5,232 US POSTMASTER Postage Community Brochure 227319 5,071 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 1004369 5,003 LAWN RANGER,INC,THE Contract Svcs-Lawn Maint. City Hall-CAM 227360 5,000 MINNESOTA MUNICIPAL BEVERAGE A Dues&Subscriptions Prairie Village Liquor Store 227062 4,974 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 227253 4,860 WSN CONSTRUCTION SERVICES LLC Equipment Repair&Maint Water Wells 227427 4,813 WHAT WORKS INC Other Contracted Services Prairie View Liquor Store 1004510 4,799 METRO SALES INCORPORATED* Equipment Repair&Maint IT Operating 227141 4,781 GERTENS Landscape Materials/Supp Round Lake 227285 4,760 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 1004503 4,630 HAWKINS INC Treatment Chemicals Water Treatment Plant 227250 4,560 WINE MERCHANTS INC Transportation Prairie View Liquor Store 1004546 4,526 CERIDIAN Ceridian IT Operating 1004365 4,515 INTEREUM INC Capital Under$25,000 City Center Operations 1004505 4,515 INTEREUM INC Capital Under$25,000 City Center Operations 227571 4,500 EGAN-MCKAY ELECTRICAL CONTRACT Equipment Repair&Maint Traffic Signals 226981 4,477 ABM JANITORIALSERVICES-NORTH C Janitor Service Utility Operations-General 227061 4,449 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 227618 4,428 LYNCH,MIKE Instructor Service Camps 226993 4,357 CENTERPOINT ENERGY Insurance Property Insurance 227458 4,309 CONSTRUCTION MATERIALS INC Improvement Contracts CIP Trails 227031 4,275 INNOVATIVE GRAPHICS Clothing&Uniforms Playgrounds 1004360 4,192 GRAINGER Small Tools Fitness/Conference-Cmty Ctr 1004488 4,144 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 1004214 4,140 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance 227341 4,076 KEEPERS Clothing&Uniforms Police 227523 4,047 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 227398 3,991 SOUTHERN WINE&SPIRITS OF MN Other Revenue Prairie Village Liquor Store 227325 3,964 HOHENSTEINS INC Beer Prairie View Liquor Store 1004333 3,964 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 227195 3,950 NORTHSTAR MUDJACKING SPECIALIS Improvement Contracts CIP Trails 1004257 3,890 WSB&ASSOCIATES INC Other Contracted Services Park Acquisition&Development 1004392 3,832 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 227609 3,830 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Softball 227514 3,808 TEAM LABORATORY CHEMICAL CORPO Repair&Maint.Supplies Sewer Liftstation 4802 3,803 US BANK TRUST NATIONAL ASSN Interest 2003C Open Space Refunding Bon 227490 3,791 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 227368 3,788 NORTHLAND SYSTEMS INC Other Contracted Services IT Capital 227597 3,782 HIGH ROAD HEATING&COOLING CO Other Contracted Services Project Fund 227407 3,780 TECH SALES CO Process Control Equipment Water Treatment Plant 1004541 3,503 BELLBOY CORPORATION Transportation Den Road Liquor Store 4783 3,500 US BANK TRUST NATIONAL ASSN Interest G.O.Improvement Bonds 2003D 227373 3,491 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 227063 3,488 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 227232 3,472 STEVENS ENGINEERS Other Contracted Services Facilities Capital 227496 3,457 NORTHERN AIR CORPORATION Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 1004532 3,405 VINOCOPIA Transportation Prairie Village Liquor Store 227652 3,379 STRAND MANUFACTURING CO INC Repair&Maint.Supplies Water Treatment Plant 1004531 3,370 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Hall-Direct Costs 227301 3,329 EARL F ANDERSEN INC Signs Traffic Signs 1004200 3,298 BELLBOY CORPORATION Transportation Prairie View Liquor Store 227408 3,250 TEENS ALONE Other Contracted Services Housing and Community Service 227466 3,230 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 1004338 3,127 BELLBOY CORPORATION Transportation Prairie View Liquor Store 227363 3,125 MN CIT OFFICERS ASSOCIATION Tuition Reimbursement/School Police 227493 3,125 MN CIT OFFICERS ASSOCIATION Tuition Reimbursement/School Police 1004198 3,117 ASPEN WASTE SYSTEMS INC. Waste Disposal Fitness/Conference-Cmty Ctr 227328 3,105 INFRATECH Equipment Repair&Maint Storm Drainage 227483 3,087 LANO EQUIPMENT INC Equipment Parts Fleet Operating 1004491 3,086 CENTURYLINK Telephone IT Telephone 1004344 3,085 CENTURYLINK Telephone IT Telephone 227473 3,061 IMPACT PROVEN SOLUTIONS Other Contracted Services Environmental Education 227033 3,039 J A PRICE AGENCY INC Insurance Property Insurance 227132 3,007 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Sewer System Maintenance 227204 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 1004345 2,998 CERIDIAN Ceridian IT Operating 227246 2,941 VERIZON WIRELESS Wireless Subscription IT Operating 1004408 2,915 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 227598 2,900 HOHENSTEINS INC Beer Prairie Village Liquor Store 227428 2,891 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 227090 2,863 WINE MERCHANTS INC Transportation Prairie View Liquor Store 1004254 2,808 WINE COMPANY,THE Transportation Prairie View Liquor Store 1004560 2,772 GENUINE PARTS COMPANY Operating Supplies Park Maintenance 227503 2,745 PRECISION FINISHING Signs Traffic Signs 227184 2,702 MINNESOTA DEPT OF PUBLIC SAFET Deposits Escrow 1004565 2,701 IDENTISYS Equipment Repair&Maint Public Safety Communications 227537 2,667 APRES Other Contracted Services Special Events(CC) 227199 2,664 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 1004462 2,650 STAR TRIBUNE MEDIA COMPANY LLC Employment Advertising Organizational Services 227300 2,604 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 227569 2,604 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 227113 2,592 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe City Center Operations 226985 2,586 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 227392 2,459 SECURITY FENCE&CONST INC Contract Svcs-General Bldg Fire Station#1 227163 2,407 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Park Facilities 1004570 2,302 LOGIS Network Support IT Operating 227185 2,278 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 227023 2,273 HENNEPIN COUNTY ACCOUNTS RECEI Board of Prisoner Police 227230 2,266 ST CROIX TREE SERVICE INC Other Contracted Services Tree Removal 227445 2,257 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 227601 2,249 INFRATECH Equipment Parts Sewer System Maintenance 1004457 2,236 RIVERS EDGE CONCRETE Repair&Maint.Supplies Storm Drainage 1004381 2,236 RIVERS EDGE CONCRETE Seal Coating Street Maintenance 227235 2,233 STRAIGHT-UP INC Clothing&Uniforms Tennis 227135 2,191 FIRENET SYSTEMS INC Equipment Repair&Maint Utility Operations-General Check# Amount Vendor/Explanation Account Description Business Unit Explanation 227572 2,168 ELECTRICAL INSTALLATION&MAIN Equipment Repair&Maint Water Treatment Plant 227574 2,134 ERICKSON ENGINEERING COMPANY L Design&Engineering Engineering 227655 2,116 TITAN ENERGY SYSTEMS Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 227125 2,090 CRETEX SPECIALTY PRODUCTS Repair&Maint.Supplies Sewer System Maintenance 227515 2,079 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Fire Station#1 227522 2,056 WILSONS NURSERY INC Landscape Materials/Supp Staring Lake 227647 2,041 SPORTS UNLIMITED Instructor Service Camps 1004567 2,012 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 227009 2,000 EDEN PRAIRIE,CITY OF Dues&Subscriptions Fire 227123 2,000 CONTRACTORS CAPITAL CORPORATIO Sign Permits General Fund 1004599 1,998 WINE COMPANY,THE Transportation Den Road Liquor Store 1004252 1,981 VINOCOPIA Transportation Prairie View Liquor Store 227630 1,972 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 1004359 1,963 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM 1004501 1,922 GRAINGER Supplies-HVAC City Center Operations 4782 1,895 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 227662 1,890 VOLT Other Contracted Services Storm Drainage 227095 1,887 3D SPECIALTIES Asphalt Overlay Street Maintenance 4801 1,882 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 227046 1,875 MEDICINE LAKE TOURS Special Event Fees Trips 1004596 1,865 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 227096 1,843 ACCELERATED TECHNOLOGIES LLC Video&Photo Supplies Fitness Center 227186 1,842 MN DNR WATERS Licenses&Taxes Eden Prairie Road 227329 1,802 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 227247 1,802 VESSCO INC Repair&Maint.Supplies Water Treatment Plant 1004343 1,775 CENTERPOINT ENERGY Gas Water Treatment Plant 1004243 1,765 RIVERS EDGE CONCRETE Asphalt Overlay Street Maintenance 1004213 1,754 EPI INVESTIGATIONS INC Equipment Repair&Maint Water Treatment Plant 1004518 1,747 RIVERS EDGE CONCRETE Repair&Maint.Supplies Storm Drainage 227170 1,744 LIGHTNING PRINTING INC Printing Specialty Fitness Programs 227423 1,726 VOLUNTEER FIREFIGHTERS BENEFIT Dues&Subscriptions Fire 227286 1,710 BUREAU OF CRIMINAL APPREHENSIO Software Maintenance IT Operating 1004475 1,707 WORK CONNECTION,THE Other Contracted Services Park Maintenance 227086 1,697 VOLT Other Contracted Services Storm Drainage 1004586 1,677 RIVERS EDGE CONCRETE Asphalt Overlay Street Maintenance 227603 1,668 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 227311 1,656 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 227672 1,653 YALE MECHANICAL INC Building Repair&Maint. Utility Operations-General 227449 1,648 BOURGET IMPORTS Transportation Prairie Village Liquor Store 1004211 1,640 ELECTRIC PUMP Repair&Maint.Supplies Water Treatment Plant 1004372 1,639 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 227664 1,632 WAKE TONKA Instructor Service Camps 1004436 1,608 LAWN RANGER,INC,THE Contract Svcs-Lawn Maint. Fire Station#1 227037 1,592 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 227403 1,583 SPIRIT APPAREL&STUFF Clothing&Uniforms Pool Lessons 1004396 1,573 WORK CONNECTION,THE Other Contracted Services Park Maintenance 227544 1,560 BARTON SAND&GRAVEL CO Seal Coating Street Maintenance 227538 1,555 ARTISAN BEER COMPANY Beer Den Road Liquor Store 1004578 1,485 OENO'S DISTRIBUTION Transportation Prairie View Liquor Store 227401 1,462 SPECIALIZED ENVIRONMENTAL TECH Landscape Materials/Supp Community Center 227520 1,452 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 226983 1,439 ARTISAN BEER COMPANY Beer Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1004483 1,435 ANCHOR PAPER COMPANY Office Supplies Customer Service 226996 1,429 CLIMB THEATRE Instructor Service Safety Camp 1004438 1,425 LYNDALE PLANT SERVICES Contract Svcs-hit.Landscape City Center Operations 1004202 1,408 BIFFS INC Other Rentals July 4th Celebration 1004405 1,398 ANCHOR PAPER COMPANY Office Supplies Customer Service 1004496 1,395 FONTANA,KATIE Pager&Cell Phone Property Insurance 227124 1,380 COWSMO INC Landscape Materials/Supp Park Maintenance 1004602 1,374 WORK CONNECTION,THE Other Contracted Services Park Maintenance 1004594 1,369 TWIN CITY SEED CO Improvement Contracts CIP Trails 227000 1,366 COSTCO Merchandise for Resale Concessions 227444 1,335 ARTISAN BEER COMPANY Beer Prairie Village Liquor Store 227406 1,333 STRAIGHT-UP INC Clothing&Uniforms Tennis 227109 1,320 BETHEL UNIVERSITY Tuition Reimbursement/School Fire 1004371 1,320 MARSHALL&SWIFT Dues&Subscriptions Assessing 227152 1,314 HOHENSTEINS INC Beer Den Road Liquor Store 227657 1,305 US BANK Interest Investment Fund 1004391 1,303 USA MOBILITY WIRELESS INC Pager&Cell Phone IT Operating 227276 1,301 ARTISAN BEER COMPANY Beer Prairie View Liquor Store 227506 1,275 RICK'S PLUMBING SERVICES LLC Equipment Repair&Maint Utility Operations-General 227107 1,269 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 227310 1,265 GE CAPITAL Other Rentals IT Operating 227027 1,250 HOMELINE Other Contracted Services Housing and Community Service 227001 1,243 CUSHMAN MOTOR COMPANY INC. Equipment Repair&Maint Fleet Operating 227049 1,239 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions 227469 1,239 HENNEPIN COUNTY TREASURER Other Contracted Services Sewer Capital 227470 1,239 HENNEPIN COUNTY TREASURER Other Contracted Services Water Capital 227593 1,201 HD SUPPLY WATERWORKS LTD Small Tools Water System Maintenance 227272 1,200 AIRWATCH LLC Software Maintenance IT Operating 227581 1,200 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 227431 1,200 ZACKS INC Cleaning Supplies Water Treatment Plant 227543 1,199 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage 227187 1,197 MNFIAM BOOK SALES Tuition Reimbursement/School Fire 227262 1,195 3D SPECIALTIES Seal Coating Street Maintenance 227488 1,190 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie Village Liquor Store 1004256 1,184 WORK CONNECTION,THE Other Contracted Services Park Maintenance 227418 1,177 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 227275 1,170 ARENA SERVICES AND PRODUCTS Contract Svcs-Ice Rink Ice Arena Maintenance 227355 1,147 MEADOW GREEN LAWNS INC Other Contracted Services Storm Drainage 227083 1,128 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 227308 1,117 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 1004448 1,110 PARLEY LAKE WINERY Wine Domestic Prairie View Liquor Store 4804 1,106 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1004230 1,101 MENARDS Supplies-General Building City Center Operations 1004535 1,090 WORK CONNECTION,THE Other Contracted Services Park Maintenance 227562 1,082 COSTCO Advertising Community Center Admin 227326 1,075 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Fitness/Conference-Cmty Ctr 1004580 1,067 POMP'S TIRE SERVICE INC Tires Fleet Operating 1004590 1,066 STREICHERS Clothing&Uniforms Police 1004224 1,060 ITRON INC. Maintenance Contracts Water Metering 1004577 1,041 NEW WORLD SYSTEMS Other Assets CIP-Bonds 1004579 1,040 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 227472 1,028 HOHENSTEINS INC Beer Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1004205 1,023 CLAREY'S SAFETY EQUIPMENT Equipment Repair&Maint Fire 1004526 1,016 STREICHERS Clothing&Uniforms Police 227673 1,006 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 226995 1,005 CENTURYLINK Telephone IT Telephone 227294 1,000 CRAGUNS Tuition Reimbursement/School Police 227348 1,000 LENZ,KIM Other Contracted Services Staring Lake Concert 227682 1,000 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Fitness/Conference-Cmty Ctr 227244 998 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 227529 987 PETTY CASH Finance 227451 982 CENTURYLINK Process Control Services Water Treatment Plant 227218 977 SCHMITZ,WENDY Other Contracted Services Recycle Rebate 227667 976 WHEELER LUMBER LLC Landscape Materials/Supp Richard T.Anderson Cons.Area 227058 975 NATIONAL MARTIAL ARTS ASSOCIAT Instructor Service CC-Lesson Skills Development 1004548 970 CLAREY'S SAFETY EQUIPMENT Operating Supplies Outdoor Center 1004374 970 MIDWEST ASPHALT CORPORATION Asphalt Overlay Street Maintenance 1004511 958 NEW FRANCE WINE COMPANY Transportation Prairie Village Liquor Store 1004474 952 WINE COMPANY,THE Transportation Prairie Village Liquor Store 1004585 949 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance 227404 943 STAPLES ADVANTAGE Office Supplies Police 1004220 933 GRANICUS INC Equipment Repair&Maint Cable PEG 227608 923 KEEPERS Clothing&Uniforms Fire 227281 921 BERNICK'S WINE Beer Prairie View Liquor Store 227162 919 KEEPERS Clothing&Uniforms Police 1004426 918 GRAINGER Supplies-HVAC 3rd Sheet of Ice 227596 911 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 227145 909 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 227231 904 STAPLES ADVANTAGE Supplies-General Building City Center Operations 227331 904 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 1004393 904 VINOCOPIA Transportation Prairie View Liquor Store 227284 903 BRIN NORTHWESTERN GLASS COMPAN Contract Svcs-General Bldg Senior Center 226990 900 BROCK WHITE COMPANY LLC Asphalt Overlay Street Maintenance 227271 900 ADVANCED PUBLIC SAFETY INC Software Maintenance IT Operating 227352 900 MARTIN-MCALLISTER Employment Support Test Organizational Services 227636 900 RICHARD ALAN PRODUCTIONS Other Contracted Services Special Initiatives 1004422 897 FASTENAL COMPANY Safety Supplies Fleet Operating 227176 893 MAROTTA,VIC Instructor Service Lesson Skills Development 227518 892 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 227167 892 LANO EQUIPMENT INC Equipment Parts Fleet Operating 4781 887 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 227257 880 ZIEBART OF MINNESOTA INC Equipment Repair&Maint Fleet Operating 227255 879 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 4786 867 CERIDIAN Garnishment Withheld General Fund 4792 867 CERIDIAN Garnishment Withheld General Fund 227035 860 JANETSKI,BETH Operating Supplies Summer Theatre 1004255 858 WM MUELLER AND SONS INC Building Materials Community Center 1004556 852 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 1004362 851 HACH COMPANY Lab Supplies Water Treatment Plant 227227 847 SPORTS UNLIMITED Instructor Service Camps 1004449 846 PETERSON BROS ROOFING AND CONS Contract Svcs-Roof Fire Station#4 227679 844 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 1004549 838 COMPRESSED AIR CONCEPTS LLLC Contract Svcs-General Bldg Fire Station#1 227313 830 GREEN MEADOWS INC Other Contracted Services Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 227079 820 TESSMAN SEED CO Operating Supplies Park Maintenance 1004232 813 METROPOLITAN FORD Equipment Parts Fleet Operating 227460 804 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 1004506 803 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 227194 803 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 1004581 796 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Center Operations 227478 794 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 1004335 774 ASPEN WASTE SYSTEMS INC. Waste Disposal Senior Center 227578 769 FIRE SAFETY USA INC Small Tools Fire 227161 768 KARRI,SATYA Deposits-P&R Refunds Community Center Admin 227047 756 MERIT ELECTRIC COMPANY Video&Photo Supplies Fitness Center 227057 750 MU PERFORMING ARTS INC Other Contracted Services Staring Lake Concert 227278 750 AUTHENTIC EDGE LLC Other Contracted Services Prairie Village Liquor Store 227583 749 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous Administration 227654 747 TESSMAN SEED CO Landscape Materials/Supp Park Maintenance 226987 740 BERNICK'S WINE Beer Den Road Liquor Store 227420 740 VAN METER&ASSOCIATES Tuition Reimbursement/School Police 227273 740 ALTERNATIVE BUSINESS FURNITURE Capital Under$25,000 City Center Operations 227237 729 SW METRO TRANSIT Deposits Escrow 227370 725 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 227536 724 ANCOM COMMUNICATIONS INC Equipment Repair&Maint Public Safety Communications 227345 703 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#2 227060 700 PAUL,CYRIL Other Contracted Services Staring Lake Concert 227148 699 GYM WORKS Equipment Repair&Maint Fitness Center 1004509 695 MENARDS Repair&Maint-Ice Rink Ice Arena Maintenance 227072 693 SPECIALIZED ENVIRONMENTAL TECH Landscape Materials/Supp Community Center 1004227 685 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 1004568 685 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 227624 685 MORGAN,CAROLINE A Deposits Escrow 227044 681 MARCO INC Operating Supplies IT Operating 227025 675 HENNEPIN TECHNICAL COLLEGE Other Rentals Recycle Rebate 1004575 672 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 227100 672 AMAZING ATHLETES OF SOUTHWEST Instructor Service CC-Preschool Events 1004601 670 WM MUELLER AND SONS INC Deposits Escrow 227213 668 SAFETY SIGNS Other Rentals Recycle Rebate 227193 660 NORTH COUNTRY WOODSHOP Instructor Service Camps 227532 658 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Utility Operations-General 227548 658 BITUMINOUS ROADWAYS INC Deposits Escrow 1004201 645 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 1004507 643 LAWN RANGER,INC,THE Contract Svcs-Lawn Maint. City Hall-CAM 1004576 640 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 227350 625 MAILANDER,JOE Other Contracted Services Staring Lake Concert 227487 625 MERRY BOBB MUSIC INC Other Contracted Services Staring Lake Concert 227004 624 DAVANNI'S PIZZA Merchandise for Resale Concessions 227535 620 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 227600 615 HUNTER/EMERSON LLC Deposits Escrow 227209 613 RETROFIT RECYCLING INC Supplies-Electrical City Hall-CAM 1004468 612 TWIN CITY SEED CO Improvements to Land Park Acquisition&Development 1004234 610 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 227343 600 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Riley Lake Beach 227400 600 SOUTHWEST TRANSIT Other Contracted Services Housing and Community Service 1004442 600 METRO ELEVATOR INC Contract Svcs-Elevator City Hall-CAM Check# Amount Vendor/Explanation Account Description Business Unit Explanation 226991 597 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance 1004253 593 VTI Repair&Maint.Supplies Water Treatment Plant 227437 588 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Utility Operations-General 227546 586 BERNICK'S WINE Beer Den Road Liquor Store 227043 579 MALONE,TOM Instructor Service CC-Preschool Events 227174 579 MALONE,TOM Instructor Service CC-Preschool Events 227306 579 EVANS,BETSY Refunds Storm Drainage 227658 577 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 227393 577 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 1004229 570 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 1004587 567 ROTO-ROOTER Contract Svcs-Plumbing Pool Maintenance 227501 562 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 227566 560 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 227414 559 TRUE FABRICATIONS Transportation Prairie Village Liquor Store 1004485 558 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 227653 557 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 227594 552 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 227150 550 HENNEPIN COUNTY ACCOUNTS RECEI Other Contracted Services Project Fund 227649 549 STAPLES ADVANTAGE Office Supplies Police 1004465 543 THE OASIS GROUP Employee Assistance Organizational Services 1004591 543 THE OASIS GROUP Employee Assistance Organizational Services 1004499 540 GOVDELIVERY Software Maintenance IT Operating 1004515 540 PRAIRIE ELECTRIC COMPANY Supplies-Electrical Fitness/Conference-Cmty Ctr 227681 537 RETROFIT RECYCLING INC Supplies-Electrical City Hall-CAM 1004529 537 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 1004561 536 GRAINGER Repair&Maint.Supplies Water Treatment Plant 227323 534 HENNEPIN COUNTY UT DEPT Software Maintenance IT Operating 1004421 534 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 227112 527 BRIN NORTHWESTERN GLASS COMPAN Contract Svcs-General Bldg Park Shelters 227223 526 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 227206 525 PRISMA LLC Tuition Reimbursement/School Fire 227378 525 PRISMA LLC Tuition Reimbursement/School Fire 227528 525 WELLS FARGO BANK MINNESOTA NA Paying Agent 2012B GO Refund Capital Improv 1004208 525 DE LAGE LANDEN FINANCIAL SERVI Other Rentals IT Operating 1004552 525 DE LAGE LANDEN FINANCIAL SERVI Other Rentals IT Operating 227225 520 SPECIALTY TURF&AG INC Landscape Materials/Supp Street Maintenance 227643 519 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 227372 519 OXYGEN SERVICE COMPANY Operating Supplies Fire 227507 512 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 226988 512 BOURGET IMPORTS Transportation Prairie Village Liquor Store 227243 510 UNIVERSAL ATHLETIC SERVICES IN Operating Supplies Park Maintenance 1004566 510 INGERSOLL RAND COMPANY Contract Svcs-General Bldg Fire Station#2 1004242 505 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 1004446 505 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 1004484 503 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 227005 500 DERKE,KYLE Other Contracted Services Staring Lake Concert 227093 500 WRIGHT,ELISA Other Contracted Services Staring Lake Concert 227233 500 STEVIE RAY'S IMPROV COMPANY Other Contracted Services Staring Lake Concert 227354 500 MDIAI Tuition Reimbursement/School Police 227359 500 MINDMIXER Other Contracted Services Communications 1004574 500 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 1004514 498 PARLEY LAKE WINERY Wine Domestic Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1004418 496 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 226986 494 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 227069 493 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 227154 493 IND SCHOOL DIST 272 Transportation Saturday Night Out 227104 491 APRES Other Rentals Summer Theatre 227097 491 ADVANCED IRRIGATION INC Other Contracted Services Park Maintenance 227010 486 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 1004233 485 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 227269 485 ABLE HOSE&RUBBER INC Repair&Maint.Supplies Water Treatment Plant 227179 484 METRO DINING CLUB Deposits Escrow 227075 482 STAPLES ADVANTAGE Office Supplies Customer Service 227011 481 EVENT SOUND&LIGHTING Other Rentals Summer Theatre 227110 469 BLOOMINGTON SECURITY SOLUTIONS Equipment Repair&Maint Water Treatment Plant 227202 469 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store 1004600 468 WITT,BETH Mileage&Parking Aquatics&Fitness Admin 1004582 468 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 1004445 465 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 227462 464 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Police 227441 462 AMERICAN PRESSURE INC Equipment Repair&Maint Utility Operations-General 227241 458 TRAFFIC CONTROL CORPORATION Equipment Repair&Maint Traffic Signals 227287 455 CARLSON,JAYE LYNN AR Utility Water Enterprise Fund 227659 455 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 227660 455 VINE LINE DISTRIBUTION LLC Transportation Den Road Liquor Store 1004441 454 MENARDS Operating Supplies Park Maintenance 1004404 453 AMERITRAK Other Contracted Services Snow&Ice Control 1004517 446 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 227480 444 KEEPERS Clothing&Uniforms Police 227367 440 NORTHERN AIR CORPORATION Contract Svcs-Plumbing Public Works/Parks 227094 440 ZIEBART OF MINNESOTA INC Equipment Repair&Maint Fleet Operating 227433 440 ZIEBART OF MINNESOTA INC Equipment Repair&Maint Fleet Operating 1004464 440 STREICHERS Protective Clothing Police 227665 439 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 227552 437 BTR OF MINNESOTA Other Contracted Services Fire 227379 434 PROP United Way Withheld General Fund 1004330 430 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Historical Buildings 1004218 427 GEIS,ROB Operating Supplies Safety Camp 227120 420 COGNITIVE VENTURES CHANHASSEN Other Contracted Services Senior Center Programs 1004545 420 CENTERPOINT ENERGY Gas Prairie View Liquor Store 1004439 419 MATHESON TRI-GAS INC Equipment Parts Fleet Operating 227018 417 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 227192 417 NEW AMERICAN ACADEMY Other Contracted Services Housing and Community Service 227384 417 RISBRUDT,JOHN Insurance Property Insurance 1004221 414 GREAT AMERICAN BUSINESS PRODUC Postage Customer Service 1004361 414 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1004219 410 GRAINGER Clothing&Uniforms Water System Maintenance 227059 400 PAUL SPRING MUSIC LLC Other Contracted Services Staring Lake Concert 227175 400 MARK MILLER BAND Other Contracted Services Staring Lake Concert 227283 400 BOWE,KEVIN Other Contracted Services Staring Lake Concert 227394 400 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage 227439 400 AFTER 5 Other Contracted Services Staring Lake Concert 227615 400 LINDAHL,DAVID Other Contracted Services Staring Lake Concert 227628 398 PALADIN PLUMBING Other Contracted Services Rehab Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1004336 398 BANK BEER CO Beer Prairie View Liquor Store 1004366 389 JANEX INC Supplies-General Bldg City Hall-CAM 227389 385 ROOT 0 MATIC Utilities Police City Center 1004502 384 HACH COMPANY Process Control Equipment Water Treatment Plant 227139 384 GENERAL REPAIR SERVICE Repair&Maint.Supplies Water Treatment Plant 227303 384 EDEN PRAIRIE BASEBALL ASSN Operating Supplies July 4th Celebration 227395 383 SIGNSOURCE Contract Svcs-General Bldg Den Bldg.-CAM 227620 382 METRO TESTING Other Contracted Services Park Maintenance 227166 380 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 1004354 380 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating 227611 377 LAKE COUNTRY DOOR LLC Building Repair&Maint. Utility Operations-General 226989 375 BOYD,JILL M Other Contracted Services CC-New Adaptive 227131 375 DUCHON,REBECCA Other Contracted Services CC-New Adaptive 227159 375 JOHNSON,BONNIE F Other Contracted Services CC-New Adaptive 227416 375 UNIVERSITY OF MINNESOTA Other Contracted Services Staring Lake Concert 227505 375 RAPTOR CENTER,THE Other Contracted Services Staring Lake Concert 227196 372 OHIO DEPT.OF PUBLIC SAFETY Equipment Testing/Cert. Fire 1004407 372 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 227099 370 ALTERNATIVE BUSINESS FURNITURE Supplies-General Building City Center Operations 1004597 369 WALL TRENDS INC Equipment Repair&Maint Utility Operations-General 1004411 368 BOUND TREE MEDICAL LLC EMS Supplies Fire 227022 368 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance 227299 366 DOMACE VINO Transportation Prairie Village Liquor Store 227084 366 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 227108 366 BCA Employment Support Test Fire 1004542 365 BOYER TRUCKS Equipment Parts Fleet Operating 1004332 364 AMERICAN TIME&SIGNAL CO Supplies-General Bldg Fitness/Conference-Cmty Ctr 227051 363 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 227474 360 INNOVATIVE GRAPHICS Clothing&Uniforms Youth Programs Admin 227116 359 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits 1004472 357 WATSON CO INC,THE Merchandise for Resale Concessions 1004525 355 STONEBROOKE Equipment Parts Fleet Operating 227181 354 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 227220 350 SCOTT,ALISON Other Contracted Services Staring Lake Concert 227521 350 WELLS FARGO BANK MINNESOTA NA Paying Agent 2005 G.O.Imp.Revolving Fund 227029 347 ND SCHOOL DIST 272 Printing Recreation Admin 227634 343 PULTE GROUP Deposits Escrow 1004341 343 CARDIAC SCIENCE CORPORATION Operating Supplies Police 1004217 342 FASTSIGNS Operating Supplies Outdoor Center 227239 335 TKO WINES,INC Wine Imported Prairie Village Liquor Store 1004237 335 PITNEY BOWES Postage Customer Service 227629 332 PARK JEEP INC Equipment Parts Fleet Operating 1004347 332 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fleet Operating 1004364 331 HIRSHFIELD'S Repair&Maint.Supplies Utility Operations-General 227549 326 BOOM ISLAND BREWING COMPANY Beer Prairie View Liquor Store 1004604 325 XCEL ENERGY Electric Forest Hills Park 227053 325 MINNESOTA ZOOMOBILE Other Contracted Services Staring Lake Concert 227307 325 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 1004348 323 CONNEY SAFETY PRODUCTS Office Supplies Customer Service 1004251 321 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 1004228 321 LARSON,MATHEW Other Hardware IT Operating 227656 321 TOUGH CUT SERVICES Other Contracted Services Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1004394 320 WINE COMPANY,THE Transportation Prairie Village Liquor Store 227068 320 ROBICHONS THE IN-LINE SKATE SC Instructor Service CC-Special Events&Trips 1004425 320 GRAFIX SHOPPE Equipment Repair&Maint Fleet Operating 227440 319 AMERICAN BOTTLING COMPANY,THE Misc Taxable Prairie View Liquor Store 227073 318 SPECIALTY TURF&AG INC Landscape Materials/Supp Street Maintenance 1004373 314 MENARDS Operating Supplies Street Maintenance 227417 313 UNIVERSITY OF MINNESOTA Canine Supplies Police 227641 313 SBCI CONSTRUCTION INC Building Permits General Fund 227621 311 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions 1004355 310 FASTENAL COMPANY Equipment Parts Fleet Operating 1004340 308 BRAUN INTERTEC CORPORATION Other Contracted Services Community Center 1004550 307 COX,KIM Travel Expense Fire 1004559 307 FULLERTON,ALLISON Travel Expense Police 227349 305 MACQUEEN EQUIPMENT INC Equipment Parts Storm Drainage 227309 304 FREELAND,ROBERT AR Utility Water Enterprise Fund 1004443 301 METRO SALES INCORPORATED* Equipment Repair&Maint IT Operating 1004528 300 TWIN CITY FILTER SERVICE INC Building Repair&Maint. Utility Operations-General 227531 300 A-1 STRIPES INC Contracted Striping Traffic Signs 1004259 297 XCEL ENERGY Electric Forest Hills Park 227102 294 AMERIPRIDE LINEN&APPAREL SER Janitor Service Den Road Liquor Store 226980 290 OLMSTED COUNTY SHERIFF'S DEPAR Deposits Escrow 227436 285 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 227685 285 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 227623 283 MINNESOTA VALLEY ELECTRIC COOP Electric Fredrick Miller Spring 227512 281 STAPLES ADVANTAGE Office Supplies Customer Service 227513 278 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 227041 275 LANO EQUIPMENT INC Equipment Parts Fleet Operating 1004356 275 FASTSIGNS Signs Round Lake 227463 272 ENVIRONMENTAL RESOURCE ASSOCIA Laboratory Chemicals Water Treatment Plant 227052 270 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 227446 270 BCA Employment Support Test Fire 1004564 269 HIRSHFIELD'S Repair&Maint.Supplies Utility Operations-General 1004206 269 CUSTOM HOSE TECH Equipment Parts Fleet Operating 1004210 265 ECM PUBLISHERS INC Advertising Prairie Village Liquor Store 227644 264 SHIN,CHUN KI Deposits-P&R Refunds Community Center Admin 1004470 263 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 226999 261 CORNELL,MARCIA LYNNE Operating Supplies Summer Theatre 227648 260 ST CLOUD STATE UNIVERSITY Conference/Training City Clerk 1004524 260 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Fire 227584 259 GARY CARLSON EQUIPMENT Equipment Repair&Maint Storm Drainage 227024 258 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 227380 257 RDO EQUIPMENT CO Equipment Parts Fleet Operating 1004419 254 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 1004423 252 FASTSIGNS Printing July 4th Celebration 227183 250 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes WAFTA 227599 250 HORIZON CPO SEMINARS Conference/Training Facilities Staff 227357 249 MICRO CENTER A/R Miscellaneous IT Operating 227545 248 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 227353 246 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 1004403 245 AMERICAN TIME&SIGNAL CO Contract Svcs-Gen.Bldg City Center Operations 227410 244 TESSMAN SEED CO Landscape Materials/Supp Street Maintenance 227258 243 UNITED STATES TREASURY Health Insurance Health and Benefits Check# Amount Vendor/Explanation Account Description Business Unit Explanation 227442 243 AMERIPRIDE LINEN&APPAREL SER Janitor Service Den Road Liquor Store 227613 241 LIBERTY TIRE RECYCLING LLC Waste Disposal Fleet Operating 227492 240 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating 227055 235 MPELRA Conference/Training Human Resources 227626 234 ONCE UPON A STAR Instructor Service CC-Preschool Events 227565 231 DAVIS,TRACY Deposits-P&R Refunds Community Center Admin 227358 230 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions 1004334 228 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 227234 225 STICKS AND TONES Other Contracted Services Staring Lake Concert 227443 225 ARMA INTERNATIONAL Dues&Subscriptions City Clerk 227293 224 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 227144 222 GRAND PERE WINES INC Transportation Prairie View Liquor Store 227551 219 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance 227530 219 3D SPECIALTIES Operating Supplies Traffic Signs 1004434 215 KUSTOM SIGNALS INC Equipment Repair&Maint Police 1004406 212 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#2 227502 211 PRAIRIE EQUIPMENT COMPANY Small Tools Sewer System Maintenance 227290 211 COMCAST Wireless Subscription IT Operating 227263 210 3RD LAIR Instructor Service Camps 227008 209 DONALD SALVERDA&ASSOCIATES Conference/Training Community Development Admin. 227288 208 CENTURYLINK Telephone E-911 Program 227147 206 GS DIRECT Operating Supplies Engineering 1004450 206 PREMIUM WATERS INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 1004573 204 METROPOLITAN FORD Equipment Parts Fleet Operating 227454 203 COMCAST Operating Supplies Fire 227573 203 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 227415 202 UNITED WAY United Way Withheld General Fund 227074 200 ST.LOUIS PARK COMM BAND Other Contracted Services Staring Lake Concert 227088 200 WENKUS,MEAGAN Refunds Environmental Education 227177 200 MARTIN,PETER Refunds Environmental Education 227316 200 HALL,MARY F Other Contracted Services Staring Lake Concert 227333 200 JOHNSON,DAVID G AR Utility Water Enterprise Fund 227396 200 SIMACEK,JOHN R Special Event Fees Senior Board 227625 200 NCITE Conference/Training Engineering 227684 200 MORRIS,GRAYLYN Awards Internal Events 1004385 200 STERICYCLE INC Waste Disposal Fitness/Conference-Cmty Ctr 227207 200 QUALLY,REED Building Materials Park Maintenance 227136 199 FRED PRYOR SEMINARS Training Supplies Water Treatment Plant 227561 199 CONTECH ENGINEERED SOLUTIONS L Equipment Parts Storm Drainage 227219 198 SCHRIEFFER,ANDREA Refunds Environmental Education 1004416 198 DE LAGE LANDEN FINANCIAL SERVI Other Rentals IT Operating 227337 197 JOHNSTONE SUPPLY Supplies-HVAC City Hall-Direct Costs 1004435 197 LANZI,BOB Mileage&Parking Ice Rink#1 1004432 192 INTEREUM INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 227519 190 VIERE GRANITE CARVING INC Other Contracted Services Park Acquisition&Development 227661 190 VOLAVKA,LYNDA Other Contracted Services Special Initiatives 1004554 189 ELLIS,ROBERT Mileage&Parking Engineering 1004572 187 MENARDS Supplies-Electrical Park Shelters 227375 186 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 1004389 184 TWIN CITY FILTER SERVICE INC Repair&Maint.Supplies Water Treatment Plant 227259 184 PETTY CASH-EPCC 227266 180 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs Check# Amount Vendor/Explanation Account Description Business Unit Explanation 227289 180 CHIOCO,AMY AR Utility Water Enterprise Fund 1004249 180 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie View Liquor Store 1004593 180 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Den Road Liquor Store 227371 180 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance 1004480 179 DUNGAN,TRACY Mileage&Parking Park Facilities 227504 175 PROGRESSIVE CONSULTING ENGINEE Design&Engineering Water Capital 227387 173 ROGNESS SERVICE&SALES Equipment Repair&Maint Utility Operations-General 1004431 173 IDEXX DISTRIBUTION CORP Office Supplies Water Treatment Plant 227297 172 DFL SENATE DISTRICT 48 Deposits-P&R Refunds Community Center Admin 1004539 171 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 1004482 171 A TO Z RENTAL CENTER Equipment Parts Fleet Operating 227556 170 CENTURYLINK Telephone IT Telephone 227448 170 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Park Maintenance 227003 167 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance 227128 167 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance 1004390 166 TYRA-LUKENS,NANCY Mileage&Parking City Council 227321 166 HENNEPIN CO TAXPAYER SERVICES Software Maintenance IT Operating 227340 165 KAPLAN,NANCY AR Utility Water Enterprise Fund 227338 165 KAHRE,TINA AR Utility Water Enterprise Fund 227495 165 NFPA Dues&Subscriptions Fire 1004430 163 HORIZON COMMERCIAL POOL SUPPLY Chemicals Round Lake 1004370 162 LUBRICATION TECHNOLOGIES INC Equipment Parts Fleet Operating 227452 162 COMCAST Operating Supplies Fire 227676 160 ARTISAN STONE COMPANY INC Supplies-General Bldg Fire Station#4 1004346 160 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 1004458 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 227274 160 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 227455 155 COMCAST Operating Supplies Fire 227516 155 UNIFORMS UNLIMITED Clothing&Uniforms Police 227265 154 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 227635 154 QUINTERO,ROSE Deposits-P&R Refunds Community Center Admin 227127 154 CTS CLEANERS TAILOR&SHOE REP Operating Supplies Police 227453 152 COMCAST Operating Supplies Fire 1004339 152 BENNING,JEFFREY Mileage&Parking Tree Disease 227115 150 CARLIN,COLLEN Deposits-P&R Refunds Community Center Admin 227282 150 BERRETH,STEVE AR Utility Water Enterprise Fund 227391 150 SCEARCY,TED AR Utility Water Enterprise Fund 1004469 150 USA SECURITY Maintenance Contracts Utility Operations-General 227067 149 RICK,ELIZABETH DEE Operating Supplies Outdoor Center 1004196 149 ARVIDSON,JAKE Mileage&Parking Tree Disease 227438 148 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 227497 147 OLSEN COMPANIES Equipment Repair&Maint Traffic Signals 1004410 144 BOBBY&STEVE'S AUTO WORLD EDE Equipment Repair&Maint Police 1004244 144 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 227432 143 ZENKER,BERNARDA Deposits-P&R Refunds Community Center Admin 227589 141 GYM WORKS Equipment Repair&Maint Fitness Center 1004598 139 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 227476 139 ITL PATCH COMPANY INC Clothing&Uniforms Police 1004247 138 STREICHERS Clothing&Uniforms Police 1004481 136 SCHRAM,JOHN Mileage&Parking Park Facilities 227117 136 CENTURYLINK Telephone Water Distribution 1004357 135 FEDEX Postage Human Resources Check# Amount Vendor/Explanation Account Description Business Unit Explanation 227045 135 MCPA/MN CRIME WATCH Dues&Subscriptions Police 227226 135 SPIRIT APPAREL&STUFF Clothing&Uniforms Riley Lake Beach 1004226 135 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 227054 134 MN DEPT OF TRANSPORTATION Equipment Repair&Maint Traffic Signals 1004194 134 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Ice Arena Maintenance 1004382 132 RUE,RODNEY Mileage&Parking Engineering 227422 128 VERSA-LOK Landscape Materials/Supp Capital Maint.&Reinvestment 1004519 128 SHERWIN WILLIAMS Repair&Maint.Supplies Water Treatment Plant 227264 128 440400-NCPERS MINNESOTA PERA Health and Benefits 227526 128 YOUSUF,ISTAHIL Deposits-P&R Refunds Community Center Admin 1004534 128 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 227511 127 SPECIALTY TURF&AG INC Landscape Materials/Supp Street Maintenance 227178 125 MAXIMUM SOLUTIONS INC Other Contracted Services Ice Rink#1 227322 125 HENNEPIN COUNTY Operating Supplies-Escrow Planning 1004521 124 SPRINT Computers IT Operating 1004522 123 SPRINT Computers IT Operating 227190 122 MPX GROUP,THE Printing Police 226982 122 AMERIPRIDE LINEN&APPAREL SER Janitor Service Den Road Liquor Store 1004453 122 QUALITY PROPANE Motor Fuels 3rd Sheet of Ice 1004414 121 CLAREY'S SAFETY EQUIPMENT Operating Supplies Police 227314 120 GRONOMICS Operating Supplies Outdoor Center 227191 120 MURUGAPPAN,SINGARAM Deposits-P&R Refunds Community Center Admin 227229 120 SQUARE CUT Instructor Service Senior Center Programs 1004379 120 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Center Operations 1004459 120 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 1004386 120 STEWART,KELLY Operating Supplies Outdoor Center 1004216 118 FAGNANT,SUSAN Operating Supplies Outdoor Center 1004195 117 AMERICAN SOLUTIONS FOR BUSINES Clothing&Uniforms Outdoor Center 227080 117 TLO LLC Other Contracted Services Police 227622 117 MINNESOTA CONWAY Operating Supplies Fire 227101 116 AMERICAN BOTTLING COMPANY,THE Wine Domestic Den Road Liquor Store 227595 115 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 1004225 115 JANEX INC Cleaning Supplies City Center Operations 1004240 113 QUALITY PROPANE Motor Fuels 3rd Sheet of Ice 1004500 113 GRAFIX SHOPPE Equipment Repair&Maint Fleet Operating 227066 110 QUALITY FLOW SYSTEMS INC Equipment Parts Sewer Liftstation 227268 108 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 227280 108 BELTZER,BERNICE Office Supplies Customer Service 227498 107 OXYGEN SERVICE COMPANY Operating Supplies Fire 227039 107 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Birthday Parties 227366 106 MURUGAPPAN,SINGARAM Deposits-P&R Refunds Community Center Admin 227137 104 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 1004400 102 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Outdoor Center Facilities 227461 102 DIRECTV Cable TV Community Center Admin 227568 102 DIRECTV Cable TV Community Center Admin 227567 101 DEZURIK WATER CONTROLS Repair&Maint.Supplies Water Treatment Plant 227040 100 KOPPERL,DAVID Refunds Environmental Education 227056 100 MPPOA Dues&Subscriptions Police 227151 100 HOFFMAN,LISA Refunds Environmental Education 227168 100 LARK,ROBERT Refunds Environmental Education 227240 100 TOTH,JENNIFER Refunds Environmental Education 227386 100 ROESKE,EMMA Refunds Environmental Education Check# Amount Vendor/Explanation Account Description Business Unit Explanation 227411 100 THIELEN,JENNIFER Refunds Environmental Education 227424 100 WAKEFIELD,JUSTIN Refunds Environmental Education 227555 100 CEMAN,MELISSA Refunds Environmental Education 1004258 99 WYDEVEN,ROSS Mileage&Parking Tree Disease 1004498 99 GINA MARIAS INC Operating Supplies Fire 227197 98 OXYGEN SERVICE COMPANY Operating Supplies Fire 227245 98 VALLEY VIEW COOPERATIVE Refunds Environmental Education 227550 98 BOURGET IMPORTS Transportation Den Road Liquor Store 227651 96 STEVE LUCAS PHOTOGRAPHY Operating Supplies Fire 1004497 95 G&K SERVICES Clothing&Uniforms Park Maintenance 1004563 94 HEFFERAN,CINDI Office Supplies Day Care 1004331 93 AJITAPRASAD,BEENA Mileage&Parking Community Center Admin 1004583 92 QUALITY PROPANE Motor Fuels 3rd Sheet of Ice 227030 92 ND SCHOOL DIST 272 Building Rental Community Band 227249 92 WILLARD,JANE Deposits-P&R Refunds Community Center Admin 227347 90 LEE,TANYA AR Utility Water Enterprise Fund 1004238 90 PRINTERS SERVICE INC Contract Svcs-Ice Rink 3rd Sheet of Ice 1004495 89 FEDEX Postage Human Resources 1004429 86 HEFFERAN,CINDI Mileage&Parking Community Center Admin 1004367 86 KACZMAREK,HAGEN Operating Supplies Storm Drainage 1004444 86 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 227279 86 BARNSTEN,GREG AR Utility Water Enterprise Fund 1004376 85 NUCO2 INC Supplies-Pool Pool Maintenance 227085 85 VERSA-LOK Landscape Materials/Supp Capital Maint.&Reinvestment 227302 85 EDEN PRAIRIE APPLIANCE Supplies-General Bldg Fitness/Conference-Cmty Ctr 1004571 84 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 227267 84 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1004363 84 HD SUPPLY FACILITIES MAINTENAN Small Tools Facilities Staff 227381 83 REID,STEPHEN AR Utility Water Enterprise Fund 227173 82 MAAS,JERRY Operating Supplies July 4th Celebration 227590 80 HALDEMANN HOMME INC Software Maintenance IT Operating 1004420 80 ESS BROTHERS&SONS INC Repair&Maint.Supplies Round Lake 227409 80 TEKIPPE,TODD AR Utility Water Enterprise Fund 227447 80 BLACK,MARVIN,TO THE ESTATE 0 Program Fee Senior Center Programs 1004235 80 MITCHELL,SANDY Operating Supplies Safety Camp 1004384 79 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General 227164 77 KRAFT,MATTHEW E Operating Supplies July 4th Celebration 1004516 77 QUALITY PROPANE Motor Fuels 3rd Sheet of Ice 1004377 76 PARK SUPPLY OF AMERICA INC Supplies-HVAC Park Shelters 1004547 76 CHRISTENSEN,DENISE Mileage&Parking Engineering 227619 75 METRO BLOOMS Other Contracted Services Storm Drainage 1004378 75 PAUL'S TWO-WAY RADIO Equipment Repair&Maint Public Safety Communications 1004351 75 EIDE,CHRISTINA Mileage&Parking Community Center Admin 227494 73 MPX GROUP,THE Dues&Subscriptions Police 227076 72 STOCKHAM,MARIA Refunds Environmental Education 227081 72 UNIFORMS UNLIMITED Clothing&Uniforms Police 1004479 71 CAMPBELL,MARK E Mileage&Parking Tennis 1004428 71 HD SUPPLY FACILITIES MAINTENAN Supplies-HVAC City Center Operations 227034 70 J H LARSON COMPANY Building Repair&Maint. Park Maintenance 227486 69 MELBY,MAX Operating Supplies Playgrounds 226984 68 ASPEN MILLS Clothing&Uniforms Fire 227539 68 ASPEN MILLS Clothing&Uniforms Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 227336 68 JOHNSON,SHARON F AR Utility Water Enterprise Fund 1004460 68 SINELL,STEVE Mileage&Parking Assessing 227642 67 SCHELER,ELIZABETH Deposits-P&R Refunds Community Center Admin 227335 67 JOHNSON,MARIA AR Utility Water Enterprise Fund 1004358 66 FERRELLGAS Motor Fuels Fleet Operating 227228 66 SPORTS WORLD USA INC Operating Supplies Ice Rink#1 227365 66 MORRIS,MICHAEL AR Utility Water Enterprise Fund 1004399 66 ZIEGLER INC Equipment Parts Fleet Operating 1004199 66 BATTERIES PLUS Small Tools Facilities Staff 1004368 66 KALLIGHER,ANDREA Mileage&Parking Community Center Admin 1004239 65 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 1004383 63 SCHULZE,CARTER Mileage&Parking Engineering 1004494 63 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 227015 61 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Utility Operations-General 227582 61 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Utility Operations-General 1004504 60 HOLMGREN,GRETCHEN Mileage&Parking Prairie Village Liquor Store 227212 60 ROTH,ERIC&RENEE PETROSKI Deposits Community Center Admin 1004467 60 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie Village Liquor Store 227554 60 C E SUNDBERG COMPANY Supplies-General Bldg Historical Buildings 227211 59 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 227580 59 FLAGSHIP RECREATION Equipment Repair&Maint Miller Park 227138 57 GARTON,EVERETT Mileage&Parking Tennis 227632 57 PETSMART Canine Supplies Police 1004476 55 WYDEVEN,ROSS Mileage&Parking Tree Disease 227339 55 KALUZA,MICHAEL AR Utility Water Enterprise Fund 1004584 54 QUICKSILVER EXPRESS COURIER Other Contracted Services Communications 227509 54 SIGNSOURCE Office Supplies Administration 1004349 54 DAVIS,HEATHER Mileage&Parking Youth Programs Admin 227426 53 WEGER,LARRY AR Utility Water Enterprise Fund 1004375 52 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 227155 52 JAIN,ANU Deposits-P&R Refunds Community Center Admin 4800 52 VANCO SERVICES Miscellaneous Community Center Admin 226992 50 CARRANE,JEFF Refunds Environmental Education 227042 50 MAHONEY,DANIEL P Refunds Environmental Education 227327 50 HRUSKA,AMY Refunds Environmental Education 227346 50 LEE,DEBBIE&KELLY Refunds Environmental Education 227606 50 JORGENSEN,MIKE Deposits-P&R Refunds Community Center Admin 227607 50 KEDDIE,DOUGLAS Refunds Environmental Education 1004463 50 STOVRING,LESLIE Refunds Environmental Education 1004490 49 BOYER TRUCKS Equipment Parts Fleet Operating 227298 49 DIRECTV Other Contracted Services Police 227134 49 FINCH,JOAN GOTZIAN Refunds Environmental Education 227588 49 GURE,JUWEIRE Deposits-P&R Refunds Community Center Admin 1004558 48 FERRELLGAS Equipment Parts Fleet Operating 227160 48 JOHNSTONE SUPPLY Supplies-HVAC Fire Station#2 227481 47 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Riley Lake Beach 1004489 47 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 1004540 47 BATTERIES PLUS Supplies-Electrical Outdoor Center Facilities 227610 47 LACOLESS,RUTH M Refunds Environmental Education 227013 45 FIREARM SAFETY PROGRAM Operating Supplies Outdoor Center 227385 45 ROCHFORD,CLEM AR Utility Water Enterprise Fund 227397 45 SORENSEN,AMY Deposits-P&R Refunds Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1004569 45 LANDS END CORPORATE SALES Other Contracted Services Police 1004492 45 CHIEF SUPPLY Operating Supplies Police 1004588 45 SHRED-IT USA MINNEAPOLIS Other Contracted Services Community Center Admin 227534 45 ALTERNATIVE BUSINESS FURNITURE Operating Supplies Fire 227002 44 CVETNIC,ROBERTA Refunds Environmental Education 1004241 44 QUICKSILVER EXPRESS COURIER Other Contracted Services Communications 1004250 42 UPS Office Supplies Utility Operations-General 227666 42 WESTENFIELD,DENISE Deposits-P&R Refunds Community Center Admin 227402 42 SPICER,JERRY AR Utility Water Enterprise Fund 1004456 42 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 227553 41 BUSINESS IMPACT GROUP Clothing&Uniforms Fire 227143 40 GOSAVI,VRUSHALI&RAJEEV TULK Deposits Community Center Admin 227189 40 MOULDER,ROBERT&SHARI Deposits Community Center Admin 227208 40 RAKOCY,DENNIS&HOLLY Deposits Community Center Admin 227214 40 SANDEEN,REBEKA&JAYSON Deposits Community Center Admin 227216 40 SARLES,KATHLEEN&DONALD Deposits Community Center Admin 227547 40 BISCHOFF,CARLOTTA Deposits Community Center Admin 227631 40 PETERSON,JOHN&HARRIET Deposits Community Center Admin 227640 40 SARLES,KATHLEEN&DONALD Deposits Community Center Admin 227157 40 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 227434 40 ZVONEK,DANIEL AR Utility Water Enterprise Fund 227149 40 HAGEN,STEVE AND NANCY Refunds Environmental Education 1004246 38 STONEBROOKE Equipment Parts Fleet Operating 1004231 38 METRO SALES INCORPORATED* Equipment Repair&Maint IT Operating 227087 38 WAYTEK INC Operating Supplies Park Maintenance 227517 38 UNIVERSITY OF MINNESOTA Canine Supplies Police 227171 38 LLOYD,ABRAHAM Deposits-P&R Refunds Community Center Admin 1004452 37 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 1004424 37 FERRELLGAS Equipment Parts Fleet Operating 1004203 36 BOLD,PAULINE Operating Supplies Outdoor Center 227456 35 COMCAST Operating Supplies Fire 227242 35 TRUCK UTILITIES MFG CO Equipment Parts Fleet Operating 1004451 35 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 227425 34 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 1004215 34 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 1004557 33 FASTENAL COMPANY Repair&Maint.Supplies Water Treatment Plant 227617 33 LUECK,DEBRA Deposits-P&R Refunds Community Center Admin 227591 32 HALL,ERIC B Deposits-P&R Refunds Community Center Admin 227126 32 CROWN MARKING INC Office Supplies Administration 227021 31 HAMILA,AMED AR Utility Water Enterprise Fund 1004520 30 SPRINT Computers IT Operating 227557 30 CHARLES,JACKI Deposits-P&R Refunds Community Center Admin 1004342 30 CAWLEY COMPANY,THE Office Supplies Administration 1004544 30 CAWLEY COMPANY,THE Office Supplies Administration 227421 27 VARGAS,ANDREW AR Utility Water Enterprise Fund 227210 27 RICHFIELD,CITY OF Machinery&Equipment Fire 227318 25 HARDING,DANIEL AR Utility Water Enterprise Fund 227570 25 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Community Development Admin. 1004380 25 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 227485 23 MATSON,TOM Small Tools Fleet Operating 227388 22 ROMANZI,CATHERINE Refunds Environmental Education 227435 22 BCA Employment Support Test Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 227344 21 KRAEMERS HARDWARE INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 227296 21 DAVIS,TRACY Deposits-P&R Refunds Community Center Admin 227450 21 BRUNS,DAVID Refunds Environmental Education 227305 21 ELLINGSON,DIANE AR Utility Water Enterprise Fund 227527 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 227650 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 226994 20 CENTRAIRE INC Plumbing Permits General Fund 227098 20 ALDRITT,JACKIE Deposits Community Center Admin 227103 20 ANDERSON,JOAN C Deposits Community Center Admin 227106 20 AXEL,RICHARD Deposits Community Center Admin 227111 20 BOHNSACK,LOIS Deposits Community Center Admin 227114 20 BROWN,ARLENE Deposits Community Center Admin 227119 20 COFFMAN,CAROL Deposits Community Center Admin 227121 20 COLBETH,TAMARA A Deposits Community Center Admin 227130 20 DAVIS,SANDRA Deposits Community Center Admin 227133 20 FALTINSON,JULILE Deposits Community Center Admin 227140 20 GENNRICH,CATHERINE Deposits Community Center Admin 227153 20 HUSCHKE,SUSAN Deposits Community Center Admin 227165 20 KUHLMAN,BARBARA Deposits Community Center Admin 227169 20 LARSON,DOROTHY Deposits Community Center Admin 227172 20 LUNDEEN,JULIE Deposits Community Center Admin 227180 20 MI,KAN Deposits Community Center Admin 227188 20 MORGAN,JAMES Deposits Community Center Admin 227198 20 PARNES,GARY Deposits Community Center Admin 227201 20 PHOMSAMOUTH,SWANNY Deposits Community Center Admin 227203 20 PITT,KRYSTN Deposits Community Center Admin 227215 20 SANDVICK,DIANNE Deposits Community Center Admin 227217 20 SCHAAF,GEORGE Deposits Community Center Admin 227221 20 SEORUM,ARIELLE Deposits Community Center Admin 227222 20 SHAH,VANITA Deposits Community Center Admin 227238 20 SWARTOUT,CYNTHIA Deposits Community Center Admin 227248 20 WEIMAN,MAUREEN Deposits Community Center Admin 227254 20 WU,XIAOMING Deposits Community Center Admin 227256 20 ZHANG,QIN Deposits Community Center Admin 227533 20 AHO,BEVERLY Deposits Community Center Admin 227540 20 AXEL,RICHARD Deposits Community Center Admin 227542 20 BAJDA,JOSEPH Deposits Community Center Admin 227559 20 CLUTS,JOY Deposits Community Center Admin 227575 20 FALTINSON,JULILE Deposits Community Center Admin 227576 20 FEIST,LORETTA Deposits Community Center Admin 227585 20 GE,CAIXIA Deposits Community Center Admin 227605 20 JOHNSTON,PHYLLIS Deposits Community Center Admin 227616 20 LOPEZ,DAVID Deposits Community Center Admin 227627 20 OSMAN,MUNIRA Deposits Community Center Admin 227638 20 ROONEY,AUDREY Deposits Community Center Admin 227639 20 SANDVICK,DIANNE Deposits Community Center Admin 227663 20 WAHL,KAY Deposits Community Center Admin 227671 20 WU,XIAOMING Deposits Community Center Admin 227674 20 ZHANG,QIN Deposits Community Center Admin 227675 20 ZHU,BINRONG Deposits-P&R Refunds Community Center Admin 1004487 20 BATTERIES PLUS Supplies-General Bldg Prairie View Liquor Store 227475 19 INNOVATIVE OFFICE SOLUTIONS Operating Supplies Records Management Check# Amount Vendor/Explanation Account Description Business Unit Explanation 227277 19 AT&T MOBILITY Pager&Cell Phone Park Maintenance 227205 18 PRAIRIE LAWN AND GARDEN Operating Supplies Street Maintenance 227014 17 FISERV INC Bank and Service Charges Water Accounting 227361 16 MINNESOTA WANNER COMPANY Operating Supplies Street Maintenance 227637 16 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 227129 16 DAVANNI'S PIZZA Merchandise for Resale Concessions 227291 16 COMCAST Wireless Subscription IT Operating 1004530 15 UPS Postage Customer Service 227351 15 MAMA Miscellaneous Administration 1004447 13 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 227032 13 I-STATE TRUCK CENTER Equipment Parts Fleet Operating 227383 13 RICKET,LINDSAY AR Utility Water Enterprise Fund 1004337 13 BATTERIES PLUS Supplies-General Bldg Senior Center 227678 13 KRAEMERS HARDWARE INC Supplies-Security Historical Buildings 227558 12 CHRISTIAN,LORI Deposits-P&R Refunds Community Center Admin 227182 12 MILLER,LUCINDA Deposits-P&R Refunds Community Center Admin 227579 12 FISERV INC Bank and Service Charges Water Accounting 227317 11 HANSEN,THOR Refunds Environmental Education 1004454 11 QUICKSILVER EXPRESS COURIER Other Contracted Services Communications 1004413 11 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 227413 10 TRAGER,PEGGY AR Utility Water Enterprise Fund 227564 10 CROWN MARKING INC Office Supplies Administration 227118 10 CHAFFEE,MARY Accounts Receivable Community Center Admin 227304 9 EIDSMO,KELLY AR Utility Water Enterprise Fund 227315 9 GROTH MUSIC Operating Supplies Community Band 227362 9 MIRACLE RECREATION EQUIPMENT C Equipment Repair&Maint Round Lake 1004595 8 UPS Equipment Repair&Maint Public Safety Communications 227334 6 JOHNSON,GEORGE AR Utility Water Enterprise Fund 227405 5 STARKS,TERRY AR Utility Water Enterprise Fund 227645 5 SLETTEN,LOLA Deposits-P&R Refunds Community Center Admin 227457 5 COMCAST Operating Supplies Fire 227471 3 HILOWIE,FADUMA Accounts Receivable Community Center Admin 227122 2 COMCAST Other Contracted Services Police 8,979,437 Grand Total City of Eden Prairie Purchasing Card Payment Report June Report Amount Explanation Vendor Account Description Business Unit 12 US-pvc cap MENARDS Repair&Maint.Supplies Sewer System Maintenance 6 US-cleanout plug mpt HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance 32 US-repair rags MENARDS Repair&Maint.Supplies Storm Drainage 5 US-liquor store beer mug sampl DISCOUNTMUGS.COM Operating Supplies Prairie Village Liquor Store 1,524 US-CC fraud-K Beal US BANK Deposits Escrow 207 US-CC fraud-K Beal US BANK Deposits Escrow 1,760 US-CC fraud-K Beal US BANK Deposits Escrow 86 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 29 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 3 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 4 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 27 US-café food TARGET Merchandise for Resale Concessions 29 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 5 US-conf parking STILLWATER PARKING Mileage&Parking Senior Center Admin 59 US-office supplies ACCO Operating Supplies Senior Center Admin 33 US-garden party WALMART COMMUNITY Operating Supplies Senior Board 49 US-garden party CUB FOODS EDEN PRAIRIE Operating Supplies Senior Board 308 US-plumbing parts MENARDS Repair&Maint.Supplies Water Treatment Plant 41 US-dryer parts MENARDS Repair&Maint.Supplies Water Treatment Plant 32 US-black paint MENARDS Repair&Maint.Supplies Water System Maintenance 33 US-supplies/tools NAPA AUTO PARTS Repair&Maint.Supplies Sewer System Maintenance 9 US-for new truck NORTHERN TOOL&EQUIPMENT Repair&Maint.Supplies Sewer System Maintenance 33 US-for new truck MENARDS Repair&Maint.Supplies Sewer System Maintenance 52 US-for new truck-seat covers MILLS FLEET FARM Repair&Maint.Supplies Sewer System Maintenance 38 US-breaker bar-new truck NAPA AUTO PARTS Small Tools Sewer System Maintenance 59 US-batteries MENARDS Repair&Maint.Supplies Sewer System Maintenance 27 US-IT supplies APPLE.COM Office Supplies Park Maintenance 30 US-spraying supplies MILLS FLEET FARM Safety Supplies Park Maintenance 92 US-purgatory fountains MENARDS Equipment Repair&Maint Park Maintenance 15 US-Round Lake MENARDS Building Repair&Maint. Park Maintenance 325 US-Duluth conf-M Comeans PAYPAL INC Conference/Training Utility Operations-General 396 US-toolbox/liners MENARDS Repair&Maint.Supplies Water Treatment Plant 854 US-small tools FRONTIER PRECISION INC Small Tools Park Maintenance 48 US-operating supplies HOME DEPOT CREDIT SERVICES Operating Supplies Tree Disease 149 US-operating supplies BEN MEADOWS Operating Supplies Tree Disease 78 US-operating supplies BEN MEADOWS Operating Supplies Tree Disease 90 US-recruit interviews PANERA BREAD Operating Supplies Fire 30 US-business mtg PANERA BREAD Operating Supplies Fire 160 US-seminar R Hammerschmidt BROOKLYN PARK,CITY OF Tuition Reimbursement/School Fire 320 US-seminar-S taylor/K Cox BROOKLYN PARK,CITY OF Tuition Reimbursement/School Fire 359 US-receiver mount THE ATV SUPER STORE Equipment Parts Fleet Operating 6 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions -9 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 30 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 4 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 243 US-café supplies US FOOD CULINARY EQUIPMENT&S Operating Supplies Concessions 421 US-café supplies US FOOD CULINARY EQUIPMENT&S Operating Supplies Concessions Amount Explanation Vendor Account Description Business Unit 3 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 72 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 37 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 29 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 11 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 26 US-café food MENARDS Operating Supplies Concessions 13 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 11 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 14 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 7 US-café supplies TARGET Operating Supplies Concessions 4 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 77 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 39 US-shelf liner CONTAINER STORE Operating Supplies Concessions 47 US-painting supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water Treatment Plant -42 US-return painting supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water Treatment Plant 70 US-training GREEN MILL Travel Expense Utility Operations-General 7 US-facilities shipment UNITED STATES POSTAL SERVICE Equipment Parts Fitness/Conference-Cmty Ctr 17 US-facilities shipment UNITED STATES POSTAL SERVICE Equipment Parts Fitness/Conference-Cmty Ctr 13 US-special events-4th of july DOLLAR TREE STORES,INC. Operating Supplies Special Events(CC) 232 US-special events-4th of july GUITAR CENTER Operating Supplies Special Events(CC) 2,317 US-slide-starring playground BIG TOYS Repair&Maint.Supplies Staring Lake 41 US-landscape fabric MENARDS Landscape Materials/Supp Staring Lake 60 US-camera battery AMAZON.COM Operating Supplies Park Maintenance 1,895 US-leadership trng-Etter NORMAN&ASSOCIATES Conference/Training IT Operating 18 US-online storage MICROSOFT CORPORATE Equipment Repair&Maint IT Operating 17 US-software support PODIO INC Equipment Repair&Maint IT Operating 7 US-Garden room-domain name GODADDY.COM,INC. Miscellaneous IT Operating 558 US-ipad BEST BUY Computers IT Operating 108 US-supplies LPS COMPUTER SERVICE Computers IT Operating 22 US-adaptor AMAZON.COM Computers IT Operating 310 US-Job posting APA STREAMING PRODUCTS Conference/Training Planning 310 US-Job posting APA STREAMING PRODUCTS Conference/Training Planning 22 US-LRT mtg parking STANDARD PARKING Mileage&Parking Administration 1,200 US-license renewal ACCESSDATA CORP Miscellaneous IT Operating 7 US-parking STANDARD PARKING Tuition Reimbursement/School Police 7 US-parking STANDARD PARKING Tuition Reimbursement/School Police 7 US-parking STANDARD PARKING Tuition Reimbursement/School Police 49 US-tool irrigation MENARDS Small Tools Park Maintenance 25 US-irrigation-Miller MENARDS Repair&Maint.Supplies Park Maintenance 149 US-EPCC wall MENARDS Landscape Materials/Supp Community Center 12 US-swiffer TARGET Janitor Service Prairie Village Liquor Store 12 US-swiffer TARGET Janitor Service Den Road Liquor Store 12 US-swiffer TARGET Janitor Service Prairie View Liquor Store 9 US-stamps KOWALSKI'S MARKET Office Supplies Prairie Village Liquor Store 20 US-food CRUMB GOURMET DELI Miscellaneous Prairie Village Liquor Store 20 US-food CRUMB GOURMET DELI Miscellaneous Den Road Liquor Store 20 US-food CRUMB GOURMET DELI Miscellaneous Prairie View Liquor Store 50 US-gift card EDEN PRAIRIE LIQUOR Miscellaneous Prairie Village Liquor Store 203 US-patio supplies MENARDS Repair&Maint.Supplies Utility Operations-General 972 US-well transducer MEASUREMENT SPECIALTIES Repair&Maint.Supplies Water Wells 46 US-meeting BAKERS'RIBS Conference/Training General Fund Amount Explanation Vendor Account Description Business Unit 15 US-clamps and rope-RL MENARDS Repair&Maint.Supplies Park Maintenance 424 US-fitness equip BODY BAR SYSTEMS,INC Operating Supplies Fitness Classes 12 US-RL-chain link fence MENARDS Operating Supplies Park Maintenance 48 US-Fitness TARGET Operating Supplies Fitness Classes 10 US-bodypump prizes DOLLAR TREE STORES,INC. Operating Supplies Fitness Classes 83 US-kiddie parade decor RHODE ISLAND NOVELTY Operating Supplies July 4th Celebration 27 US-new hire gifts WALMART COMMUNITY Employee Award Organizational Services 149 US-C Ruzek member dues IPMA-HR Dues&Subscriptions Human Resources 8 US-new hire bus tour CUB FOODS EDEN PRAIRIE Training Supplies Organizational Services 206 US-new hire bus tour DAVANNI'S PIZZA Training Supplies Organizational Services 100 US-A Rose MNPELRA conf ARROWWOOD RADISSON RESORT Conference/Training General Fund 16 US-safe escape trailer MENARDS Repair&Maint.Supplies Fire 25 US-trng fee E REPUBLIC INC Conference/Training Fire 480 US-chairs for stations MENARDS Small Tools General Fund 9 US-plumbing parts MENARDS Repair&Maint.Supplies Fire -6 US-return parts MENARDS Small Tools General Fund 48 US-training SENSIBLE LAND USE COALITION Conference/Training Housing and Community Service 48 US-training SENSIBLE LAND USE COALITION Conference/Training Housing and Community Service 968 US-hotel stay INTERCONTINENTAL HOTELS Travel Expense Finance 44 US-UB online processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB recurring CC PAYPAL INC Bank and Service Charges Utility Operations-General 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 4,300 US-May13 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 901 US-May13 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 676 US-May13 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -118 US-May13 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund 505 US-GFOA program GOVERNMENT FINANCE OFFICERS AS Awards Finance 43 US-UB online processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB recurring CC PAYPAL INC Bank and Service Charges Utility Operations-General 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 9 US-vending KRAEMERS HARDWARE INC Merchandise for Resale Concessions 181 US-outdoor equip MENARDS Operating Supplies Park Facilities 169 US-license HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Park Facilities 22 US-café food RAINBOW FOODS INC. Merchandise for Resale Concessions 14 US-cafe food KOWALSKI'S MARKET Merchandise for Resale Concessions 55 US-café supplies OFFICEMAX CREDIT PLAN Merchandise for Resale Concessions 63 US-fuel GROMANNS PLAZA Motor Fuels Utility Operations-General 26 US-food R GROTTO Travel Expense Utility Operations-General 15 US-food JIMMY JOHNS Travel Expense Water Enterprise Fund 20 US-con't education CONTINUINGEDEXPRESS.COM Conference/Training Economic Development 6 US-parking-LRT meeting MPLSPARKING.COM Mileage&Parking Economic Development 69 US-sludge pump tools MENARDS Repair&Maint.Supplies Water Treatment Plant 69 US-compressor filters MILLS FLEET FARM Repair&Maint. Supplies Water Treatment Plant 1,870 US-transducers MEASUREMENT SPECIALTIES Repair&Maint.Supplies Water Wells 37 US-plumbing supplies MENARDS Repair&Maint.Supplies Water Treatment Plant 64 US-bug repellent-4th of july WALGREEN'S#5080 Operating Supplies Fire 68 US-paint supplies MENARDS Repair&Maint.Supplies Utility Operations-General 44 US-mtg with school dist CRUMB GOURMET DELI Miscellaneous Administration 24 US-water for council mtgs/pop RAINBOW FOODS INC. Miscellaneous City Council 11 US-L Mcwaters CC personal use CULVER'S Deposits Escrow 75 US-sunshine-B Dupont BACHMANS CREDIT DEPT Deposits Escrow Amount Explanation Vendor Account Description Business Unit 242 US-council workshop JASON'S DELI Miscellaneous City Council 66 US-sunshine-E Cissell FTD.COM Deposits Escrow 66 US-Sunshine-F Majkozak FTD.COM Deposits Escrow 60 US-sunshine-J Larsen BACHMANS CREDIT DEPT Deposits Escrow 108 US-cpr fees-weedman staff AMERICAN RED CROSS Conference/Training Recreation Admin 35 US-training AMERICAN RED CROSS Conference/Training Community Center Admin 81 US-training AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 105 US-training AMERICAN RED CROSS Conference/Training Community Center Admin 26 US-rust spray HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 36 US-gloves-Tony,Justin FASTENAL COMPANY Repair&Maint.Supplies Sewer System Maintenance 18 US-I&I NAPA AUTO PARTS Repair&Maint.Supplies Sewer System Maintenance 16 US-I&I NAPA AUTO PARTS Repair&Maint.Supplies Sewer System Maintenance 47 US-L Obiazor CC personal use RED LOBSTER Deposits Escrow 53 US-office supplies TARGET Office Supplies Recreation Admin 33 US-interviews CRUMB GOURMET DELI Miscellaneous Athletic Programs Admin 79 US-4th of july meeting KOWALSKI'S MARKET Operating Supplies Athletic Programs Admin 311 US-camera NATIONAL CAMERA EXCHANGE Operating Supplies Recreation Admin 352 FACTORY OUTLET STORE Capital Under$25,000 Emergency Preparedness 32 US-food SHAKERS LOUNGE Travel Expense Sewer System Maintenance 76 US-food WOODYS STEAKHOUSE Travel Expense Sewer System Maintenance 46 US-gas EXXON Motor Fuels Sewer System Maintenance 49 US-shovel MENARDS Repair&Maint.Supplies Storm Drainage 170 US-RL erosion control MENARDS Landscape Materials/Supp Park Maintenance 112 US-RL erosion control MENARDS Landscape Materials/Supp Park Maintenance 79 US-booking supplies AMAZON.COM Operating Supplies Police 313 US-bike repairs ERIK'S BIKE SHOP Equipment Repair&Maint Police 63 US-booking room supplies AMAZON.COM Operating Supplies Police 605 US-dictation recorder AMAZON.COM Operating Supplies Police 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 21 US-misc tools HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 18 US-patch on 62 HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance -37 US-CC fraud-T Schmitz US BANK Deposits Escrow 108 US-CC fraud-T Schmitz US BANK Deposits Escrow -108 US-CC fraud-T Schmitz US BANK Deposits Escrow 275 US-training supplies HOME DEPOT CREDIT SERVICES Training Supplies Fire 131 US-training supplies HOME DEPOT CREDIT SERVICES Training Supplies Fire -24 US-return supplies MENARDS Training Supplies Fire 13 US-training supplies MENARDS Training Supplies Fire 24 US-training supplies MENARDS Training Supplies Fire -90 US-return supplies HOME DEPOT CREDIT SERVICES Training Supplies Fire 160 US-schools BROOKLYN PARK,CITY OF Tuition Reimbursement/School Fire 99 US-ops supplies OFFICEMAX CREDIT PLAN Operating Supplies Fire 107 US-supplies/tools TECHMASTER INC Repair&Maint.Supplies Fire Station#1 86 US-cb trailer MENARDS Repair&Maint.Supplies Storm Drainage 16 US-cb trailer HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage 25 US-clay class supplies BLICK ART MATERIALS Operating Supplies Arts Center 12 US-art supply containers TARGET Operating Supplies Arts Center 7 US-plaster for art camp HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center 3 US-clay class supplies OFFICEMAX CREDIT PLAN Operating Supplies Arts Center 15 US-clay class supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 200 US-Amp-starring lake MUSICIANSFRIEND.COM Operating Supplies Staring Lake Concert Amount Explanation Vendor Account Description Business Unit 200 US-Amp-starring lake MUSICIANSFRIEND.COM Operating Supplies Arts 200 US-Amp-starring lake MUSICIANSFRIEND.COM Operating Supplies Special Events Admin 279 US-glass for camps DELPHI Operating Supplies Arts Center 9 US-group outing supplies DOLLAR TREE STORES,INC. Operating Supplies Arts Center 13 US-group outing supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 129 US-concessions permit-summer m HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Summer Theatre 20 US-art camp snacks RAINBOW FOODS INC. Operating Supplies Arts Center 56 US-art camp supplies UTRECHT STORE Operating Supplies Arts Center 25 US-theater supplies WALGREEN'S#5080 Operating Supplies Theatre Initiative 40 US-advertisement PAYPAL INC Advertising Theatre Initiative 13 US-handwipes-4th of July WALGREEN'S#5080 Operating Supplies General Fund 9 US-W Sevenich-CC personal use WALGREEN'S#5080 Deposits Escrow 285 US-basketballs for open gym SPORTS AUTHORITY Operating Supplies Gymnasium(CC) 6 US-office supplies WALGREEN'S#5080 Operating Supplies Community Center Admin 193 US-basketballs for open gym AMAZON.COM Operating Supplies Gymnasium(CC) 351 US-analysis/valuation APPRAISAL INSTITUTE Dues&Subscriptions Assessing 73 US-EP cleanup day MENARDS Operating Supplies Recycle Rebate 36 US-graffiti paint MENARDS Operating Supplies Park Maintenance 127 US-communicator BEST BUY Operating Supplies Water Metering -127 US-return communicator STANDARD PLUMBING&APPLIANCE Operating Supplies Water Metering 11 US-mic for meetings MICRO CENTER A/R Operating Supplies Water Metering 37 US-critter food PETCO Operating Supplies Outdoor Center 45 US-critter food PETCO Operating Supplies Outdoor Center 413 US-edible garden GARDENER SUPPLY CO Operating Supplies Outdoor Center 33 US-critter food PETCO Operating Supplies Outdoor Center 14 US-outdoor center AMAZON.COM Operating Supplies Outdoor Center 27 US-outdoor ctr supplies AMAZON.COM Operating Supplies Outdoor Center 180 US-comm vehicle inspector tmg DAKOTA COUNTY TECHNICAL COLLEG Licenses,Permits,Taxes,Fees Fleet Operating 180 US-comm vehicle inspector tmg DAKOTA COUNTY TECHNICAL COLLEG Licenses,Permits,Taxes,Fees Fleet Operating 45 US-decals MINNESOTA STATE PATROL Licenses,Permits,Taxes,Fees Fleet Operating 597 US-st survival sem-white/brown LIFELINETRAINING.COM Tuition Reimbursement/School Police 325 US-tuition-N Eichman HOLLOTEC Tuition Reimbursement/School Police 580 US-training JOHN E REID AND ASSOCIATES,IN Tuition Reimbursement/School Police 70 US-emt test NATIONAL REGISTRY OF EMTS Tuition Reimbursement/School Police 770 US-training JOHN E REID AND ASSOCIATES,IN Tuition Reimbursement/School Police 106 US-playground supplies WALMART COMMUNITY Operating Supplies Playgrounds 202 US-coaches cart for team ONCOURT OFFCOURT,INC Operating Supplies Tennis 167 US-Camp participant supplies OFFICEMAX CREDIT PLAN Operating Supplies Youth Programs Admin 20 US-progran supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Youth Programs Admin 583 US-staff shirts INNOVATIVE GRAPHICS Clothing&Uniforms Tennis 4 US-green dot balls WILSON SPORTING GOODS Operating Supplies Tennis 244 US-green dot balls WILSON SPORTING GOODS Operating Supplies Tennis 70 US-USTA coaches workshop EDINA,CITY OF Conference/Training Tennis 210 US-staff orientation DAVANNI'S PIZZA Operating Supplies Playgrounds 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis Amount Explanation Vendor Account Description Business Unit 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 200 US-tennis balls AMAZON.COM Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 20 US-player registration USTA Operating Supplies Tennis 166 US-playground supplies WALMART COMMUNITY Operating Supplies Playgrounds 768 US-team player uniforms USTA Clothing&Uniforms Tennis 104 US-player registration USTA Operating Supplies Tennis 96 US-player registration USTA Operating Supplies Tennis 88 US-player registration USTA Operating Supplies Tennis 96 US-player registration USTA Operating Supplies Tennis 116 US-progran supplies MENARDS Operating Supplies Youth Programs Admin 66 US-camp life vests MILLS FLEET FARM Operating Supplies Therapeutic Rec Admin 66 US-camp life vests MILLS FLEET FARM Operating Supplies Day Camp 3 US-playground supplies MILLS FLEET FARM Operating Supplies Playgrounds Amount Explanation Vendor Account Description Business Unit 16 US-registration USTA Operating Supplies Tennis 48 US-registration USTA Operating Supplies Tennis 20 US-registration USTA Operating Supplies Tennis 20 US-registration USTA Operating Supplies Tennis 20 US-registration USTA Operating Supplies Tennis 20 US-registration USTA Operating Supplies Tennis 28 US-gift card-safety camp WALMART COMMUNITY Operating Supplies Safety Camp 192 US-progran supplies WALMART COMMUNITY Operating Supplies Playgrounds 28 US-gift card-safety camp WALMART COMMUNITY Operating Supplies Safety Camp 28 US-gift card-safety camp WALMART COMMUNITY Operating Supplies Safety Camp 53 US-staff shirts INNOVATIVE GRAPHICS Clothing&Uniforms Tennis 8 US-registration USTA Operating Supplies Tennis 29 US-playground supplies WALMART COMMUNITY Operating Supplies Playgrounds 434 US-playoff registration EZREGISTER Operating Supplies Tennis 15 US-Safety camp MILLS FLEET FARM Operating Supplies Safety Camp 26 US-staff meeting snacks MILLS FLEET FARM Operating Supplies Youth Programs Admin 215 US-safety camp lunch JIMMY JOHNS Operating Supplies Safety Camp 459 US-safety camp lunch DAVANNI'S PIZZA Operating Supplies Safety Camp 8 US-registration USTA Operating Supplies Tennis 294 US-playground supplies WALMART COMMUNITY Operating Supplies Playgrounds 16 US-registration USTA Operating Supplies Tennis 68 US-playground supplies WALMART COMMUNITY Operating Supplies Playgrounds 13 US-playground supplies PARTY CITY Operating Supplies Playgrounds 27 US-prairieview garden MENARDS Operating Supplies Special Initiatives 159 US-garden/playground supplies HOME DEPOT CREDIT SERVICES Operating Supplies Youth Programs Admin 8 US-ice-4th event RAINBOW FOODS INC. Operating Supplies July 4th Celebration 367 US-camp outing MINNESOTA TWINS Special Event Fees Concessions 3 US-parking-camp outing MPLS METERS Mileage&Parking New Adaptive 3 US-parking-camp outing MPLS METERS Mileage&Parking New Adaptive 40 US-in/out/about camp CENTENNIAL LAKES PARK Special Event Fees New Adaptive 15 US-parking-camp outing MPLSPARKING.COM Mileage&Parking New Adaptive 112 US-playground camp supplies WALMART COMMUNITY Operating Supplies Therapeutic Rec Admin 10 US-adaptive teen camp supplies RAINBOW FOODS INC. Operating Supplies AC-New Adaptive 19 US July 4th supplies TARGET Operating Supplies July 4th Celebration 97 US-staff meeting snacks GINA MARIAS INC Operating Supplies General Fund 11 US July 4th staff meeting DONUT CONNECTION Operating Supplies July 4th Celebration 175 US-fun squad AMERICAN RED CROSS Conference/Training Fit Kids Club 35 US-engineering-C Lundgren AMERICAN RED CROSS Conference/Training Community Center Admin 270 US-red cross fee-mailed cert's AMERICAN RED CROSS Conference/Training Pool Operations 70 US-birthday parties AMERICAN RED CROSS Conference/Training Birthday Parties 19 US-memberships AMERICAN RED CROSS Conference/Training Community Center Admin 57 US-aquatics AMERICAN RED CROSS Conference/Training Pool Operations 105 US-staff AMERICAN RED CROSS Conference/Training Recreation Admin 35 US-memberships AMERICAN RED CROSS Conference/Training Community Center Admin 76 US-certifications AMERICAN RED CROSS Conference/Training Recreation Admin 105 US-red cross fees AMERICAN RED CROSS Conference/Training Community Center Admin 152 US-fitness AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Fitness Classes 57 US-beth's staff red cross fees AMERICAN RED CROSS Conference/Training Pool Operations 35 US-training AMERICAN RED CROSS Conference/Training Pool Operations 105 US-weedman's staff AMERICAN RED CROSS Conference/Training Recreation Admin 70 US-CPR fees-EPCC/facilities AMERICAN RED CROSS Conference/Training General Community Center Amount Explanation Vendor Account Description Business Unit 250 US-monthly bodypump license SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes 169 US-renew cert AMERICAN COUNCIL ON EXERCISE Tuition Reimbursement/School Fitness Classes 86 US-marking wand HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 48,119 Report Total CITY COUNCIL AGENDA DATE: August 20, 2013 SECTION: Ordinances and Resolutions SERVICE AREA: ITEM DESCRIPTION: ITEM NO.: XI.A. Robert Ellis Amendment to City Code Section 6.21 — Snow Public Works and Ice Removal Requested Action Move to: Approve First Reading of an Ordinance amending City Code Chapter 6, Section 6.21 relating to snow and ice removal and adopting by reference City Code Chapter 1 and Section 6.99 which among other things contain penalty provisions. Synopsis City Code Section 6.21 assigns responsibility for snow and ice removal on city sidewalks and trails. The current code inadequately identifies which trails and sidewalks are required to be cleared. The ordinance amendment allows a more comprehensive demonstration of this responsibility through the use of an official map to be kept on file and open for public inspection at the city and on the city's website. Background Information Each year new trails and sidewalks are installed in Eden Prairie through new development, redevelopment and city initiated projects. Because new trails and sidewalks are continually being installed, the ordinance relating to snow and ice removal would need to be amended annually. Also, the current ordinance identifies these sidewalks and trails through a written list which is inadequate and an extremely confusing method for describing our very complex and comprehensive system. The amended ordinance resolves these issues by allowing staff to keep an official map showing the exact location of all trails and sidewalks and identifying responsibility. This allows for a more exact accounting of the entire trail and sidewalk system and does so in a way that is much easier to comprehend. Attachments • Ordinance Amendment • Official Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 6 BY AMENDING SECTION 6.21 RELATING TO SNOW AND ICE REMOVAL AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 6.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 6.21, Subdivision 3 is amended by deleting subsection (A) in its entirety. Section 2. City Code Section 6.21, Subdivision 3 is amended by renumbering the remaining subsections. Subsection B shall be renamed subsection A, Subsection C shall be renamed subsection B, Subsection D shall be renamed subsection C, and Subsection E shall be renamed subsection D, Subsection F shall be renamed subsection E. Section 3. City Code Section 6.21, Subdivision 3 former subsection B renumbered as subsection A is amended by deleting the phrase "except from Trails or Sidewalks with the street rights of way listed in"A" above" and replacing it with the following: "unless the City assumes responsibility for causing snow and/or ice to be removed from a particular Trail or Sidewalk. The City shall identify any such Trails or Sidewalks on a map entitled "Sidewalk and Trail Plowing Designation" kept on file and open for public inspection in the office of the City Engineer. Said map may be revised by the City at any time and the City need not provide notification of revisions. It shall be the responsibility of each Owner or Occupant to determine if the City has assumed responsibility for particular Trails or Sidewalks" Section 4. City Code Section 6.21, Subdivision 3 former subsection C renumbered as subsection B is amended by deleting the phrase "except from Trails or Sidewalks with the street rights of way listed in"A" above" and replacing it with the following: "unless the City assumes responsibility for causing snow and/or ice to be removed from a particular Trail or Sidewalk. The City shall identify any such Trails or Sidewalks on a map entitled "Sidewalk and Trail Plowing Designation" kept on file and open for public inspection in the office of the City Engineer. Said map may be revised by the City at any time and the City need not provide notification of revisions. It shall be the responsibility of each Owner or Occupant to determine if the City has assumed responsibility for particular Trails or Sidewalks" Section 5. City Code Section 6.21, Subdivision 4 is amended by deleting the words ", B and C". Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation" and Section 6.99 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 20th day of August, 2013, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the,day of , 2013. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on the day of , 2013. 1 2 3 4 5 6 7 8 9 10 MINNETO D MINNETONhA C0 6200 ® ® ® —tpft ®7''l ° ® _ - .•, •-ir"\y '03: Y tl <, 5 i l �� b' ,\4['E"],"7,7k„-;/'#/,---4—'7)A13,\c z TRAIL AND SIDEWALK 1 Lake O +p, 6600 c s \6,a k -ASS i'',0e- ''''': lif -k"7 di II SNOW ROYAL „„ _.., rb].,.-.-,,-„nr-i . . s #,.. z - , .. itt: L. ) r ,,,fr. ^ n ii , „\ ,,, , Mal ,, 1 � -„As B D �� n ak L 0 anal B 711, sA 6W wo Lake uPo € - 'y 1p tiLl avoo7rA , : ,,,.„, . _?. 707., ,.. li ID D - 6.).',,,,,A,„_ 1117.1:-L ''-', 2 ,,,- Iff.,' * lip' s',,,, t'— a ,= "''-- A 'w ),„? k': till ��Va v _. Tom � h j p.w cac . ❑ caxc I _ '� � Lak tlkwil%4' ':1461/ 111t1111:: --..... / ....1_, eitik. ---iv ,. '. ❑s ' Mlfch. ^ ❑ ��\�FJ B' Laka ��m'�g�.Lt!T w —®_✓na"^ n -- cum.,.. � •i a 8200 i"_` -- an F _71,q�'. ®-.. oEN PEpRIRIE AMeson ,I. �i �f Lakes E E 1 J pi— i ! is Y� � - LEGEND SIDEWALKS MAINTAINED BY PROPERTY OWNER :x.Po C�\,\ TRAILS MAINTAINED BY PROPERTY OWNER ,� '� �' pUCJ" - SIDEWALKS NEXT TO CITY PROPERTY MAINTAINED BY CITY 8600 W EE cc 5tll "��� J""_"_y ( SIDEWALKS MAINTAINED BY CITY (24 MP. ^ a, r �� � g t Leke aLeke i �,r o.. `^♦—" �, S' TRAILSNEXTTOCITYPROPERTYMAINTAINEDBYCITY ili ..xi ` y.. ,gam i imp] RECREATIONAL TRAILS MAINTAINED BY CITY F ej ��'9"'1 y 11� ® E _ J E' II F — LOW PRIORITY SIDEWALKS MAINTAINED BY CITY " yxg P° LTV 'Fr-N-off ai TRAILS NOT PLOWED 9000 I .�� �c - SIDEWALKS NOT PLOWED Eritc zi---; ` xaxx 'wrsau �. .� ..... a I. G zsaoo ss. `� � ` oEat Yr 1111114 • 1�d ll G w wref, C /— 5 Riles ' ` ® .� v {1. III II l litiVOil ' H 9800 ou�� `1,,,,, '@ aJD 9„,' / w,w Flying Cloud _ u"✓� H 9i 1 M`" Ai port J bF� g p � 11111111 x O ®Ik S �F � ( ' DA mrsi E—, _____-__-- b:\rriD J ,� k •) ALL.,. i; 8 j / Rice Gran a 8 §- yD r.$ . W Rire Giasa Lake Lake 5.ac �%��"I'f''' - II 06J I Lake y orcn W il 1 N min a s Ea G IP O`(( �; so iko HENNEPI► G� SHAKOPEE RVER C K E D E N K SCOTT moo o0o SHAKOPEE TT PRAiRiE SCO O O O O O O O O O O O O N <O a0 O N a t0 c0 O N CAa0 n toN N ,IO . ii , 1 2 3 4 5 6 7 8 9 1 0 July 16,2013 CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions August 20, 2013 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: XI.B. Robert Ellis Resolution of Support for SouthWest Transit Public Works Services Requested Action Move to: Adopt Resolution in support of SouthWest Transit Services. Synopsis The Metropolitan Council is currently in the preliminary design phase for the construction of Southwest Light Rail Transit(SWLRT). A component of this project anticipates a shared use station at the existing SouthWest Station which is owned and operated by SouthWest Transit. As conditions for shared use of this facility with SWLRT, SouthWest Transit will seek assurances from Metropolitan Council that all current and future SouthWest Transit bus services and service areas not be impaired by the infringement of bus services provided by Metropolitan Council. SouthWest Transit wants to remain the primary brand of SouthWest Station, and they want Metropolitan Council to ensure all parking necessary for SWLRT at the station be accounted for separate of SouthWest Transit riders. Background Information The resolution highlights opposition to the extension of Bus Rapid Transit down Highway 212 and 169 unless it is operated by Southwest Transit, and conditions for shared use of Southwest Station by Southwest Transit and SWLRT. Attachments • Letter From SouthWest Transit • Chaska Resolution • Chanhassen Resolution • Eden Prairie Resolution July 22, 2013 Mayor Nancy Tyra-Lukens City of Eden Prairie 8080 Mitchell Rd Eden Prairie, Minnesota 55344 Mayor Tyra-Lukens, The SouthWest Transit Commission is asking each of our member cities to pass a resolution of support for SouthWest Transit to continue being the primary provider of transit services in your City, and to support SouthWest Transit's position regarding future LRT access into SouthWest Station. As you are aware,the Metropolitan Council has begun promoting Bus Rapid Transit (BRT) along the TH212 corridor.They define BRT service that would operate on highways either along the shoulder or in a High Occupancy Vehicle Lane like those found along 1-35 or 1-394, have passenger waiting stations, and provide a level of speed similar to what is found in a rail operation. The SouthWest Transit Commission has concerns with the potential impact should a TH212-BRT become one of the Metropolitan Council initiatives. First and foremost, the type of service operated today by SouthWest Transit does exactly what the Council is proposing, and would not provide anything new that our system could not provide. Another concern relates to the current Metropolitan Council policy that has the potential to give it control over all operations it deems as BRT—potentially rendering SouthWest Transit irrelevant. SouthWest Transit was formed in 1986 because our communities were being ignored and not receiving the transit services it so desperately needed. Since then, SouthWest Transit has exceeded all initial community expectations. Reducing local control and putting transit decisions back into the hands of the Metropolitan Council in our view is not acceptable and would be a step backwards. Any future BRT operations along the TH 212 corridor should be planed and operated by SouthWest Transit. The other concern the Commission has relates to providing LRT access into SouthWest Station. While this station resides in the City of Eden Prairie, all three SouthWest Transit communities benefit from the transit operation associated with this station. As recent articles have cited, obtaining authorization for the SWLRT line and keeping it within budget has and will continue to be a challenge for the Metropolitan Council. Obtaining access to SouthWest Station may play a key role as the LRT project continues to move forward. By allowing LRT access into SouthWest Station we do see an opportunity to create a win/win/win for SouthWest Transit,the City of Eden Prairie, and the Metropolitan Council. However,the first step in this process is to get agreement on the following prior to SouthWest Transit granting access: • All estimated parking needed for LRT operations must be accounted for separate of the parking needed for SouthWest Transit bus operations. Currently the Metropolitan Council's modeling has a significant number of the current transit customers migrating over to the LRT operations. While there may be some current transit riders willing to give the LRT a try, especially when it is new,the fact that over 80%of our riders have expressed their preference for our system over LRT, and given that the speed of our service will be in excess of 15 minutes faster(one-way), we believe any LRT operation out of SouthWest Station needs to accommodate their own parking demands. • South West Transit will remain the principal branding at the station. The Council's current position is that standard branding and advertising as determined by the Council must be incorporated into a facility if it is part of a regional transitway(in this case LRT line). SouthWest Station was developed and is owned by SouthWest Transit, and the Commission does not intend to give up any of its decision making authority. Regional branding will be allowed, but it will be at the discretion and approval of the Commission. • As a condition of allowing access, SouthWest Transit also wants the guarantee that all non LRT and ADA transit in its defined service area will fall under its control. This includes all connector, express, BRT, and demand response services. Adequate funding must also be allocated to meet the demands related to these services as well as future service as the communities west of Eden Prairie continue to grow. • Finally,the Governor has identified TH169 as a transit corridor, and SouthWest Transit is very interested in expanding its operation along TH169 in southeastern Eden Prairie, and has modeled-a strong demand for a 400+stall facility in this area. We also believe a ramp/station in this location would benefit the new SWLRT by providing some of SouthWest Transit's current customers who take the bus from SouthWest Station to transfer to the new station along TH169.This would open up a modest number of parking stalls at SouthWest Station for the LRT operation and impact some of the need outlined in the first bullet. A resolution of support for the conditions outlined in this memo would be greatly appreciated. Sincerely, Jerry McDonald Chair SouthWest Transit Commission CITY OF CHASKA CARVER COUNTY, MINNESOTA RESOLUTION DATE July 2% 2023 RESOLUTION NO. 23-76 MOTION BY COUNCILMEMBER SECOND BY COUNCILMEMBER A RESOLUTION IN SUPPORT OF THE CONTINUED OPERATIONS OF SOUTHWEST TRANSIT SERVICE, AND OPPOSING ANY ACTIONS OF THE METROPOLITAN COUCIL THAT WOULD MAKE SOUTHWEST TRANSIT SERVICE OBSOLETE. WHEREAS, the City of Chaska is a member of the Southwest Transit Commission, and has been since 2986, along with the Cities of Eden Prairie and Chanhassen, and; WHEREAS,the City of Chaska entered into the Southwest Transit Commission, opting out of the Metropolitan Council's Transit services in 2986 because the community did not feel they were getting the level of service needed in the Southwest Metropolitan Area to support its growing population, and; WHEREAS,the establishment of the Southwest Transit Commission provided the Cities of Eden Prairie, Chanhassen and Chaska with the opportunity to have local control over the operations of the transit service serving their communities,and; WHEREAS, since commencing its operations, Southwest Transit has consistently exceeded the City of Chaska's operational expectations, and has won several national awards recognizing its quality of service, and; WHEREAS, the Metropolitan Council has been having discussions recently about the desire to expand Bus Rapid Transit (BRT) service down the Highway 212 corridor into Southwest Transit's current operating area, and; WHEREAS, the Southwest Transit Commission and the City of Chaska believe that the BRT Service being proposed by the Metropolitan Council, if they were not operated by the Southwest Transit Commission, could duplicate the services already provided by Southwest Transit, and could potentially make Southwest Transit services obsolete if implemented, and; ATTACHMENT#1 WHEREAS, the Southwest Transit Commission and the City of Chaska would desire to keep Southwest Transit services relevant, and keep local control over decisions made for transit in our area, and; WHEREAS, the City of Chaska would oppose any such action by the Metropolitan Council to extend BRT Services down the existing corridors where Southwest Transit services are already provided, unless the Southwest Transit Commission were allowed to operate this service,for fear that this would make Southwest Transit services obsolete,and; WHEREAS, the Southwest Transit Coalition and the City of Chaska would desire to have the Metropolitan Council and Southwest Transit partner to allow bus services provided by Southwest Transit, and future LRT services, to support each other in making our transit system in the Southwest Metro Area more robust and not negatively affect the transit services that already exist, NOW THEREFORE BE IT RESOVED, that the City of Chaska pass this resolution opposing action by the Metropolitan Council to extend Bus Rapid Transit services down the 212 corridor unless it were to be operated by the Southwest Transit Commission, and support • seeking a potential partnership of existing Southwest Transit services and the future Southwest LRT Line to complement each other, based on the following conditions: • All estimated parking needed for LRT operations must be accounted for separate of the parking needed for Southwest Transit bus operations. • Southwest Transit will remain the principal branding at Southwest Station • As a condition of allowing access by LRT to utilize the Southwest Station, Southwest Transit shall be guaranteed that all non LRT and ADA transit in its defined service area will fall under its control, including connector, express BRT and demand response services. Adequate funding must also be allocated to meet the demands related to these services as well as future service as the communities to the west of Eden Prairie continue to grow. • That Southwest Transit be considered by the Governor for expansion and operation of future service bus transit along TH3.69 in southeaster Eden Prairie Passed and adopted by the City Council of the City of Chaska, Minnesota,this zgth day of July zo1.3. Mark Windschitl, Mayor CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,MINNESOTA DATE: RESOLUTION NO: 2013- MOTION BY: SECONDED BY: RESOLUTION IN SUPPORT OF THE CONTINUED OPERATIONS OF SOUTHWEST TRANSIT SERVICE,AND OPPOSING ANY ACTIONS OF THE METROPOLITAN COUNCIL THAT WOULD MAKE SOUTHWEST TRANSIT SERVICE OBSOLETE WHEREAS,the City of Chanhassen.is a member of the SouthWest Transit Commission, and has been since 1986,along with the Cities of Eden Prairie and Chaska;and WHEREAS,the City of Chanhassen entered into the SouthWest Transit Commission, opting out of the Metropolitan Council's Transit services in 1986 because the community did not feel they were getting the level of service needed in the Southwest Metropolitan Area to support its growing population; and WHEREAS,the establishment of the SouthWest Transit Commission provided the Cities of Eden Prairie,Chanhassen,and Chaska with the opportunity to have local control over the operations of the transit service serving their communities; and WHEREAS, since commencing its operations, SouthWest Transit has consistently exceeded the City of Chanhassen's operational expectations,and has won several national awards recognizing its quality of service; and WHEREAS,the Metropolitan Council has recently discussed their desire to expand Bus Rapid Transit(BRT)service down the Highway 212 corridor into SouthWest Transit's current operating area;and WHEREAS,the SouthWest Transit Commission and the City of Chanhassen believe that the BRT Service being proposed by the Metropolitan Council,if not operated by the SouthWest Transit Commission,could duplicate the services already provided by SouthWest Transit, and potentially make SouthWest Transit services obsolete if implemented; and WHEREAS,the SouthWest Transit Commission and the City of Chanhassen desire to keep SouthWest Transit services relevant,and keep local control over decisions made for transit in our area;and WHEREAS,the City of Chanhassen would oppose any such action by the Metropolitan Council to extend BRT Services down the existing corridors where SouthWest Transit services are already provided,unless the SouthWest Transit Commission were allowed to operate this service, for fear that this would make SouthWest Transit obsolete;and ATTACHMENT#4 WHEREAS,the SouthWest Transit Coalition and the City of Chanhassen desire to have the Metropolitan Council and SouthWest Transit partner to allow bus services provided by SouthWest Transit,and future LRT services,to support each other in making our transit system in the Southwest Metro Area more robust and not negatively affect the transit services that already exist. NOW,THEREFORE,BE IT RESOLVED that the City of Chanhassen hereby opposes action by the Metropolitan Council to extend Bus Rapid Transit services down the TH 212 Corridor unless it was operated by the SouthWest Transit Commission,and supports seeking a potential partnership of existing Southwest Transit services and the future Southwest LRT Line to complement each other,based on the following conditions: 1. All estimated parking needed for LRT operations must be accounted for separately from the parking needed for SouthWest Transit bus operations; and 2. SouthWest Transit will remain the principal branding at the station. 3. As a condition of allowing access by LRT to utilize the SouthWest Station, SouthWest Transit shall be guaranteed that all non-LRT and ADA transit in its defined service area will fall under its control,including connector,express BRT and demand response services. Adequate funding must also be allocated to meet the demands related to these services as well as future service as the communities to the west of Eden Prairie continue to grow. 4. That SouthWest Transit be considered by the Governor for expansion and operation of future bus service along TH 169 in southeastern Eden Prairie. Passed and adopted by the Chanhassen City Council this day of ,2013. ATTEST: Todd Gerhardt,City Manager Thomas A.Furlong,Mayor YES NO ABSENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- RESOLUTION IN SUPPORT OF SOUTHWEST TRANSIT AS PRIMARY PROVIDER OF BUS TRANSIT SERVICES IN THE CITY OF EDEN PRAIRIE AND RELATING TO LIGHT RAIL TRANSIT'S ACCESS TO SOUTHWEST STATION WHEREAS, the Metropolitan Council has begun promoting Bus Rapid Transit along the Trunk Highway 212 corridor. Bus Rapid Transit is a system operated by the Metropolitan Council in order to provide commuter type bus service; and WHEREAS, the Metropolitan Council does not currently provide any commuter bus service for the Cities of Eden Prairie, Chaska or Chanhassen and has not provided such services since the inception of SouthWest Transit in 1986; and WHEREAS, SouthWest Transit currently provides commuter bus services to the City of Eden Prairie as part of its collective bus transit service to the Cities of Eden Prairie, Chaska and Chanhassen. SouthWest Transit has in place a fleet of buses, multiple high quality passenger waiting stations and sufficient parking. SouthWest Transit, since its inception in 1986, has consistently provided locally controlled, high quality bus transit services. SouthWest Transit has consistently received extremely high customer satisfaction and recognition of its exceptional service; and WHEREAS, if Bus Rapid Transit is determined appropriate for the Trunk Highway 212 corridor SouthWest Transit is the most logical and best suited entity from both a strategic and operational position to control, operate and brand such a service, utilizing existing infrastructure and retaining local control; and WHEREAS, the City of Eden Prairie does not support the establishment of a Bus Rapid Transit program along the Trunk Highway 212 corridor if the program is controlled, operated or branded by the Metropolitan Council. The City of Eden Prairie is only in support of a Bus Rapid Transit program if such a program is controlled, operated and branded by SouthWest Transit; and WHEREAS, the Metropolitan Council is in the process of establishing Light Rail Transit to the City of Eden Prairie. The Metropolitan Council has shown interest in using SouthWest Station, a SouthWest Transit passenger station, for the Light Rail Transit; and WHEREAS, SouthWest Station is owned by SouthWest Transit. SouthWest Station was designed and constructed to serve bus transit as provided by SouthWest Transit. SouthWest Station was not designed to accommodate additional Light Rail Transit. SouthWest Station may be adapted for Light Rail Transit but only through the cooperation of all parties involved; and WHEREAS, the City of Eden Prairie is not in support of the use of SouthWest Station for Light Rail Transit unless the Metropolitan Council agrees to work cooperatively with SouthWest Transit in order to maintain the high level of bus transit services currently provided by SouthWest Transit; and WHEREAS, the Governor has identified Trunk Highway 169 as a transit corridor, and SouthWest Transit has modeled a strong demand for a SouthWest Transit 400+ stall facility in Eden Prairie. The City of Eden Prairie will support the establishment of Bus Rapid Transit in the Trunk Highway 169 corridor, if SouthWest Transit remains the transit service provider and retains control, operation and branding for any station located within the City of Eden Prairie for Bus Rapid Transit in the Trunk Highway 169 corridor. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF EDEN PRAIRIE, MINNESOTA THAT: 1. The City of Eden Prairie supports SouthWest Transit as the sole provider of bus transit services, except for ADA transit services, in the City of Eden Prairie. 2. The City of Eden Prairie does not support the establishment of a Bus Rapid Transit system on the Trunk Highway 212 corridor unless such a service is controlled, operated, and branded by SouthWest Transit. 3. The City of Eden Prairie does not support the use of SouthWest Station for Light Rail Transit unless the following conditions are met: a. All estimated parking needed for Light Rail Transit operations must be accounted for separately from the parking needed for SouthWest Transit bus services. Currently the Metropolitan Council's modeling has a significant number of the current bus transit customers migrating over to the Light Rail Transit operations. However, while there may be some migration, over 80% of SouthWest Transit riders have expressed their preference for SouthWest Transit bus service over Light Rail Transit and SouthWest Transit's bus service will be in excess of 15 minutes faster (each way) than the Light Rail Transit. Light Rail Transit operation out of SouthWest Station must account for separate parking. b. SouthWest Transit will remain the principal branding at SouthWest Station. The Metropolitan Council's current position is that standard branding and advertising as determined by the Metropolitan Council must be incorporated into a facility if it is part of a regional transitway (in this case Light Rail Transit line). SouthWest Station was developed and is owned by SouthWest Transit, and the SouthWest Transit Commission will retain decision making authority. Regional branding will be allowed, but it will be at the discretion and approval of the SouthWest Transit Commission. c. The Metropolitan Council shall guarantee that all transit service in SouthWest Transit's defined service area, except for Metropolitan Council's Light Rail Transit and ADA transit, will remain under SouthWest Transit's control. SouthWest Transit shall have control over all connector, express, Bus Rapid Transit, and demand response services. The Metropolitan Council shall ensure adequate funding is allocated to meet the demands related to these services as well as future service as the communities west of the City of Eden Prairie continue to grow. d. The Metropolitan Council supports the establishment of a SouthWest Transit passenger station to serve the Trunk Highway 169 corridor in the southeastern portion of the City of Eden Prairie. The Governor has identified Trunk Highway 169 as a transit corridor, and SouthWest Transit has modeled a strong demand for a SouthWest Transit 400+ stall facility in this area. A new SouthWest Transit station in the Trunk Highway 169 corridor would also benefit the Metropolitan Council's Light Rail Transit as it is likely to open up additional parking at SouthWest Station. 4. The City of Eden Prairie fully supports SouthWest Transit and the exceptional service it has provided. ADOPTED by the City Council this 20th day of August, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk