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Home My WebLink AboutCity Council - 04/21/2015 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,APRIL 21, 2015 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. DESIGN STANDARDS II. WATER TOWER RECOATING PROJECT III. COMMUNITY IMAGE AWARDS PROGRAM Open Podium - Council Chamber IV. OPEN PODIUM A. SARA FREELAND - CHICKENS V. ADJOURNMENT Town Center Water Tower Recoating Project M 4-21 -15 City Council Workshop Project Timeline • Last Coated in 1997 • Develop Recoating Plans in 2015 • Recoat in 2016 • Anticipate Recoating Again in 15 + Years ,............ _ _____:j._.. EDEN E RI EDEN PRAIRIE. IOW 0 0 --. - EDEN PRAIRIEEVEN PRAIRIE N LIYE M ESE PRAIRIE III `jam LIVE•wORK•RREAM „ Willir 14111 • II ED • WORKIDRIERIE 11 __, LIVE A rvi 444 i ::mIiI (----- #.. .,. .•41011 . ...------- . •--___) :7 mar . ::,-mrop!,. ..'/,--,--_1. --- -___L_LS17-•--._.:.:. . r/ .9 . 311 1 1447, J 1 1rI11 - lb 1 I ] II I , ' J TYL Ji J 1 " .411i . f ri 11,,:j 4:4- EDEN PRAIRIE ftilkilk ,_ EDEN DENPRAIRIE . LIVE . WORK . DREAM , Lill: . A' , . f r r /f r / IT r t a �/ . 4., ziriji • IJ 11l .. , . .: i_i . , i JJ VidP J ' J Ji I jI : L1. _ . JJ I� I� i r • •+ Vij W EVE N PRAIRIE , foEN PRAIRIt . . . • '141111411 I • .fg �I 44rievii) .-i-j JJL.I_I liS; 1 JJJ ��'r.. - r�� J t I.. _ ,y.._I�JJ�J a • 1,'EFi��a i.{ � _ ''�' JJJ �. 'i ' ` y ..lf 1>Ayr sir_ ��.J - Iltl:� J� 1J� • �rt.�,:. �'� JJJ t t �' a��gi f` t JJJ ;."• ,JJJ_✓ J I JI! ' ilkilki..--- f �J11 (OiI �}t J i t 1 JJJ_ .IJJ I J_� J t J_J I JJ-1 JJ I II J, I , , :..: .. .11i " f r Vw'''' fi, . . . iellit ., ._ •, Adi . }, de • • 'Eden Apr- �fc',it t�r alr� k, are: fOEN PRA1R It !� I it `il Ai- .]: ) • \\... . �J J-JJ J JJ .ohs_ ice— '. --J-_I op- .. �J JJJJJJ -oils` -•J��JJ / j-�J�J-.1JJ . g- -JJJJJ P+iC JJJJ-I t4i. I JJJ"-1J l'' JJJ i �/ JJJJ- -� {11A11i.. • I� —JJJJ ��4E JJJ_/ J 1�JJ f �IJ` � 11 ( 9 J�� .� JJJ t- J JJ JJ JJJ J JJJI �JJ JJ - J JI Questions or Suggestions .r., . .. _ . .. . , ._,.. _ . .. ...,_. R „,,, ,- .. : . ,..,,,.. _ ______ , „,,,.......__..„.....,.,..... .........,., �. z , . z.,,, . 0 �. sue' ��406a ..,- .51 -____-4. - ,apiit _ . ter .�' `fir.: t Eden Prairie » Community ma e war s "Community ImageAwards" Purpose To highlight residents and businesses who have made significant improvements to their properties 1 , . _, - - iil 1, 3,- 5. _ , 1 40 II hi, gl' .... , . R . „. . _ __ . _ , .. ...„..,.Aluii'iii�ii"uif�I[�I -J '1 _ `�lt rt '__ _ , ,_ _._ _ ... ,.....i , , . . - , .. . _ . a... y# Y 1 ♦lf + -1 .4 �f-2- a e.Fi�{ p ''+►r -� y. Overview y _f. ': :, � ., The judging criteria for improvements include; landscaping, accessibility improvements, public art, green/sustainability (rain gardens, stormwater storage, etc.), lighting, signs, or exterior upgrades. The award also honors those who have demonstrated continued and superior maintenance of their property "CommunityImageCommunit Categories - Commercial/Industrial/Office - Multi-Family Residential - Single Family Residential d• Selection Committee The committee will be compromised of five community volunteers. Possibly from; City Commissions, EPCC, Realtors Board, etc. ,.� s...�. a t; . , +� .., ► ► - i �,. ,., "Community ImageAwards" Timeline o June-August 2015 September 2015 October 2015 Nominations accepted online or Selection Committee Convenes Winners announced at one of by mail to review applications and select the two Council Meetings winners Cost Staff time + Cost of the of award (estimated from $60-$ 100 per award) For Your Consideration • A name that better reflects Eden Prairie ex. "The Spirit of Eden Prairie Awards" • Any further criteria or categories to recognize ? • Type of physical award to present > Personalized Plaque > Cummins Grill Print > Gift Certificate > Winners Choice? oft; ;,, of , A ` , t; ,A A 4 . tfr .;. Design Guidelines Update ,ff 4i'�1�. , a. J /•L . �.,. I �1 r..I '�.� .�A Of t `'� t �'�1-...A 0 'i i• /•� Design Guidelines > Architectural Standards > Building Rehabilitation/Renovations > Landscaping & Screening > Environmental Standards > PublicArt .11 ',":: '.......- - .. ,., .. '' All E ■ r j ," ,:_ A _�' � r vim" Y --.f- ✓r , ;iX •�-. r ^ 7, i ' f !` ,l j ,�+ : . ,.A. �;....%A ►, .,i , fir. ,.A, f Off,' ' ` - ' •'11••r....A, 1 ►, '• 1-e -1 •.r.•,.a, . j � �".."!/-. Update & Next Steps • Advertised for architects/landscape architects to apply for the Planning Commission; Council appointed established architect, Ed Farr • The Planning Department is currently in the process of hiring a summer intern with a design background ( 125 applications received, 9 interviewees) Summer 2015 September 15th Informal meeting with the Plannin ' — Fall 2015 g Present on progress Commission J at Council Begin the process Workshop for changes to the IL Code — '' ,A, ..,.A. i ri' 14I;. ( f, ;k i ,,r,.,./, f ,'. $4; Aer•,r,.,,A, 1 ►,' '•.i,, -I•,er. „A, . 1 &..'•!/.„ AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 21, 2015 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 Julie Klima, 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 A. 1-494 CORRIDOR COMMISSION UPDATE B. LET'S GO FISHING PROGRAM UPDATE V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 31, 2015 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 31, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SET PUBLIC HEARING DATE TO CONSIDER CABLE FRANCHISE APPLICATION C. APPROVE DUCK LAKE TRAIL GARDEN LICENSE AGREEMENT WITH EDEN PRAIRIE ASSEMBLY OF GOD CHURCH D. AWARD CONTRACT FOR CONSTRUCTION OF FIRE STATION 2 DUTY CREW SLEEPING QUARTERS TO GARDNER BUILDERS E. DECLARE SURPLUS PROPERTY F. APPROVE GRANT AWARD FROM HENNEPIN COUNTY TO SUPPLEMENT WATERCRAFT INSPECTION PROGRAM CITY COUNCIL AGENDA April 21, 2015 Page 2 G. AWARD CONTRACT FOR 2015 STRIPING TO SIR LINES-A-LOT H. ADOPT RESOLUTION REVOKING MUNICIPAL STATE AID STREETS I. ADOPT RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS J. APPROVE MAINTENANCE AGREEMENT FOR STORMWATER FACILITY AT 14150 PIONEER TRAIL K. APPROVE AMENDMENT NUMBER ONE TO MASTER FUNDING AGREEMENT WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT L. APPROVE SUBORDINATE FUNDING AGREEMENT 06 FOR LEVEL 2 COMPONENTS WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT M. APPROVE AMENDMENT NUMBER ONE TO SUBORDINATE FUNDING AGREEMENT 05 WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT N. ADOPT RESOLUTION APPROVING TRAFFIC SIGNAL AGREEMENT WITH THE STATE OF MINNESOTA AND HENNEPIN COUNTY FOR THE SHADY OAK ROAD/HIGHWAY 62 NORTH AND SOUTH RAMP INTERSECTIONS O. ACCEPT 100% PETITION FOR TURN LANE IMPROVEMENTS ON PIONEER TRAIL RELATED TO GREEN ACRES PARKING LOT IMPROVEMENTS P. ADOPT PROFESSIONAL SERVICES AGREEMENT WITH WESTWOOD PROFESSIONAL SERVICES FOR TURN LANE IMPROVEMENTS ON PIONEER TRAIL RELATED TO GREEN ACRES PARKING LOT IMPROVEMENTS Q. APPROVE 2014 UNBUDGETED FUND TRANSFERS R. APPROVE CONTRACT WITH VTI FOR INSTALLATION OF ELECTRONIC CONTROLS FOR CARD READERS AND DOORS FOR COMMUNITY CENTER AQUATIC UPGRADE IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 1.03, SUED. 3 RELATING TO THE HEIGHT OF FENCES CITY COUNCIL AGENDA April 21, 2015 Page 3 B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTIONS 11.20 AND 11.30 BY ADDING SUBD. 4 RELATING TO MEDICAL CANNABIS DISPENSARIES C. APPROVE WELLHEAD PROTECTION PLAN X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. City Manager's Review and Compensation B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Regulation of Train Speeds F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: April 21, 2015 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, March 31, 2015 TUESDAY,APRIL 21, 2015 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name, phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager's Office. HRA MEETING HRA I. ROLL CALL/CALL THE HRA MEETING TO ORDER HRA II. APPROVE MINUTES OF HRA MEETING HELD ON MARCH 31, 2015 HRA III. ADOPT RESOLUTION APPROVING AMENDMENT 1 TO HOUSING DEVELOPMENT AGREEMENT Synopsis: The Housing and Redevelopment Authority in and for the City of Eden Prairie (the "HRA") established a housing development project and set moderate income limits for the Eden Gardens Project by HRA Resolution No. 2014-01. The developer has demonstrated a need to increase the income limits in order to achieve the goal of alleviating the shortage of decent, safe, and sanitary housing for persons of moderate income and their families. The original formula used to determine eligible incomes for the mid-market units at Eden Gardens was based on 80%to 120% of Area Median Income (AMI) which is established annually by the Office of Housing and Urban Development (HUD). Staff in the Office of Housing and Community Services have worked closely with the developer and the mortgage broker for several months and have concluded that the income range needs to be increased to 140% of AMI in order to qualify potential homebuyers whose incomes fall above the 120% cap. Upon reviewing the incomes of potential buyers, the 140% limit was determined to be a sufficient increase to meet the need. ANNOTATED AGENDA April 21, 2015 Page 2 MOTION: Move to adopt the Resolution approving Amendment 1 to the Eden Gardens Housing Development Agreement, and authorize the Mayor and City Manager to execute the Amendment 1 to the Housing Project Agreement. HRA IV. ADJOURNMENT MOTION: Move to adjourn the HRA. COUNCIL MEETING IV. PROCLAMATIONS / PRESENTATIONS A. I-494 CORRIDOR COMMISSION UPDATE Melissa Madison, Executive Director of 1494 Corridor Commission, will provide an update. B. LET'S GO FISHING PROGRAM UPDATE Terry Eggan, Board President of Let's Go Fishing Eden Prairie, will give an update and show a short video clip. 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, MARCH 31, 2015 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 31, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-R on the Consent Calendar. A. CLERK'S LICENSE LIST B. SET PUBLIC HEARING DATE TO CONSIDER CABLE FRANCHISE APPLICATION ANNOTATED AGENDA April 21,2015 Page 3 C. APPROVE DUCK LAKE TRAIL GARDEN LICENSE AGREEMENT WITH EDEN PRAIRIE ASSEMBLY OF GOD CHURCH D. AWARD CONTRACT FOR CONSTRUCTION OF FIRE STATION 2 DUTY CREW SLEEPING QUARTERS TO GARDNER BUILDERS E. DECLARE SURPLUS PROPERTY F. APPROVE GRANT AWARD FROM HENNEPIN COUNTY TO SUPPLEMENT WATERCRAFT INSPECTION PROGRAM G. AWARD CONTRACT FOR 2015 STRIPING TO SIR LINES-A-LOT H. ADOPT RESOLUTION REVOKING MUNICIPAL STATE AID STREETS I. ADOPT RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS J. APPROVE MAINTENANCE AGREEMENT FOR STORMWATER FACILITY AT 14150 PIONEER TRAIL K. APPROVE AMENDMENT NUMBER ONE TO MASTER FUNDING AGREEMENT WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT L. APPROVE SUBORDINATE FUNDING AGREEMENT 06 FOR LEVEL 2 COMPONENTS WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT M. APPROVE AMENDMENT NUMBER ONE TO SUBORDINATE FUNDING AGREEMENT 05 WITH METROPOLITAN COUNCIL FOR SOUTHWEST LIGHT RAIL TRANSIT PROJECT N. ADOPT RESOLUTION APPROVING TRAFFIC SIGNAL AGREEMENT WITH THE STATE OF MINNESOTA AND HENNEPIN COUNTY FOR THE SHADY OAK ROAD/HIGHWAY 62 NORTH AND SOUTH RAMP INTERSECTIONS O. ACCEPT 100% PETITION FOR TURN LANE IMPROVEMENTS ON PIONEER TRAIL RELATED TO GREEN ACRES PARKING LOT IMPROVEMENTS P. ADOPT PROFESSIONAL SERVICES AGREEMENT WITH WESTWOOD PROFESSIONAL SERVICES FOR TURN LANE IMPROVEMENTS ON PIONEER TRAIL RELATED TO GREEN ACRES PARKING LOT IMPROVEMENTS Q. APPROVE 2014 UNBUDGETED FUND TRANSFERS ANNOTATED AGENDA April 21,2015 Page 4 R. APPROVE CONTRACT WITH VTI FOR INSTALLATION OF ELECTRONIC CONTROLS FOR CARD READERS AND DOORS FOR COMMUNITY CENTER AQUATIC UPGRADE IX. PUBLIC HEARINGS /MEETINGS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 1.03, SUBD. 3 RELATING TO THE HEIGHT OF FENCES Official notice of this public hearing was published in the April 9, 2015,Eden Prairie News. Synopsis: The Minnesota State Building Code was recently revised to allow fences to be constructed to a height of 7 feet without the issuance of a building permit. City Code currently limits the height of fences to 6 feet. Staff is proposing a change to the City Code to provide consistency with the State Building Code and to provide for a streamlined process for property owners wishing to construct a fence that complies with the State Code requirements. The proposed amendment revises the City Code to allow fences to be constructed to a height of 7 feet and provides for housekeeping revisions that clarify language regarding general screening requirements. The Planning Commission voted 5-0 to recommend approval of the code amendment at the March 23, 2015 meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance amending Chapter 11.03 to address fence height. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTIONS 11.20 AND 11.30 BY ADDING SUBD. 4 RELATING TO MEDICAL CANNABIS DISPENSARIES Official notice of this public hearing was published in the April 9, 2015,Eden Prairie News. Synopsis: Recent legislative changes allow for the legal distribution of medical cannabis to qualifying patients in Minnesota beginning July 1, 2015. State law allows for 8 distribution facilities (1 per congressional district) to be located within Minnesota. The City of Eden Prairie was approached by Minnesota Medical Solutions, LLC regarding the potential for locating a medical cannabis dispensary within Eden Prairie. Minnesota Medical representatives provided city staff with an overview of the anticipated business model, including business needs and potential impacts. After considering the information shared by Minnesota Medical in relationship with current zoning ordinance regulations, staff determined that the distribution of medical cannabis is a distinct use that requires individualized regulation. In order to provide clear and consistent regulations, a draft ordinance addressing medical cannabis distribution facilities has been prepared. ANNOTATED AGENDA April 21,2015 Page 5 Minnesota Medical Solutions, LLC has not identified a specific Eden Prairie location in which it desires to operate its business. This amendment provides for proposed language that would allow and regulate the use of medical cannabis distribution facilities. Minnesota law allows for the distribution of medical cannabis in liquid or pill form only and it may only be distributed by licensed pharmacists. While Minnesota law allows for the manufacturing and distribution of medical cannabis to patients with qualifying conditions, federal law has not been modified to allow these activities. This situation is the reason that doctors (who are licensed federally) would not directly prescribe medical cannabis but rather certify that a patient has a qualifying condition making the patient eligible for medical cannabis. The patient then registers the certification with the State in order to receive the medical cannabis. An additional outcome of the federal/state irregularity is that many financial institutions (which are insured federally)prefer to not enter into a business relationship with medical cannabis facilities, thereby prompting the requirement that payments be made in the form of cash or check only, as insurance coverage will not be utilized to cover the costs of medical cannabis. Minnesota Medical explained that its business has several other features that are different from a typical pharmacy type of use. Examples of this include: • Patients will be required to undergo multiple sessions of counseling along with receiving their prescribed doses of medical cannabis. This counseling will allow pharmacy technicians to educate patients on the spectrum of products (differing levels of THC and cannabidiol within the medication) and potential side effects or impacts of the medication. It will also provide communication opportunities for the patient to inform the staff of effectiveness and impacts of the medication as dosage amounts are adjusted to meet the needs of individual patients. • The facilities are not open to the general public. A security guard will be stationed at the front entrance and only the certified patient or their designated caregiver, who is also registered through the State of Minnesota, will be allowed entrance to the facility. The two most active ingredients in medical cannabis are THC and CBD. Minnesota Medical Solutions explained that dependent upon the underlying condition that is being treated in the patient, there is a spectrum of formulary options available that can balance the ingredients or provide a dominant ingredient to treat the underlying condition. For example,products that are THC dominant are often used for chemotherapy related nausea and vomiting, while CBD dominant products are primarily used for epilepsy. Please see the attached information from Minnesota Medical Solutions explaining the formulary spectrum. Minnesota Medical has stated that it expects to operate a facility that is approximately 3,000 to 3,500 square feet in size and anticipates the need for approximately 15 parking stalls, assuming providing service to roughly 80 persons per day, under the current state provisions. ANNOTATED AGENDA April 21,2015 Page 6 Code Change The attached draft ordinance provides a definition of medical cannabis distribution facilities, which parallels the language provided in Minnesota Statutes. The draft ordinance goes on to identify the Office and I2 zoning districts as appropriate locations for the distribution of medical cannabis and further identifies performance standards that would be required to be met. These performance standards address issues such as parking standards and generally replicate the standards provided in Minnesota Statute. The parking requirement proposed in the draft ordinance supports the volumes expected with the business model and is consistent with parking requirements for other uses in these zoning districts. The draft ordinance identifies the Office and 12 zoning districts as the appropriate locations for this use due to the ease of access to these areas, as well as recognition that this use is distinctly different from general retail sales open to the public. Retail areas are designed to be inviting and unrestricted spaces. The proposed language would limit the use to distribution of medical cannabis in forms approved by current state law. The manufacturing or production of medical cannabis is prohibited. Additionally, the draft language requires the appropriate security, inspection, and licensing requirements to be met consistent with state law. In the event that state law is revised to expand qualifying conditions or other related provisions, the proposed text would not include these expansions. In that event, the City of Eden Prairie would have the opportunity to further discuss how and if it would be appropriate to address the revised law. State law requires that medical cannabis distribution facilities be located 1,000 feet from a school. Attached for the Council's reference is map depicting those properties in Eden Prairie that are zoned 12 and Office and are beyond 1,000 feet from a school. Background The proposed amendment: • Adds a definition for medical cannabis distribution facility to Sections 11.20 and 11.30 which parallels the language in Minnesota State Law; • Identifies the Office and 12 zoning districts as the appropriate locations for the distribution of medical cannabis; • Provides for performance standards, including parking requirements and generally replicates the standards provided in Minnesota State Law. • The proposed language would limit the use to distribution of medical cannabis in forms approved by current state law and requires the appropriate security, inspection, and licensing requirements to be met consistent with state law. In the event that state law is revised to expand qualifying conditions or other related provisions, the proposed text would not include these expansions. If that were to occur, the City of Eden Prairie would have the opportunity to further discuss how and if it would be appropriate to address the revised law. ANNOTATED AGENDA April 21,2015 Page 7 Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the code amendment at the March 23, 2015 meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance amending Chapter 11 to define and regulate the use of medical cannabis distribution facilities. C. APPROVE WELLHEAD PROTECTION PLAN Official notice of this public hearing was published in the April 2, 2015,Eden Prairie News. Synopsis: Eden Prairie and all other public water supply systems are required by Minnesota Department of Health to maintain a program which protects the public water supply from contamination. Each city's program is designed specifically for the conditions and the environment in the areas surrounding each water well, and to ensure community growth and expansion do not negatively impact the city's water supply, the plan must be updated every 10 years. The two-year update process has resulted in the formulation of a document which prescribes the city's plan to protect the public drinking water. This plan is offered to the public for comment before submitting to the state for approval. Eden Prairie's Well Head Protection Plan(WHPP) incorporates the latest science of geology, incorporating digital modeling of our underground aquifer systems. The scientific method of study and modeling conducted jointly with the Minnesota Department of Health, included the science of`fracture flow' which identifies cracking in the Prairie du Chien formation of our aquifer. The outcome of this study was a vastly larger Drinking Water Supply Management Area (DWSMA) that extends into our neighboring towns to the north. Eden Prairie's WHPP now shared with Minnetonka, Shoreview, and Excelsior, must be managed jointly. Part 2 of the plan provides the methodology by which the aquifer system will be protected in a cooperative manner with our sister cities who are likewise including much of the same real-estate in their respective well head protection plans. The document prescribes goals, objectives,plans of action, and refers to the city's water emergency and conservation plan for water supply contingencies and emergencies. MOTION: Move to: • Close the Public Hearing; and • Adopt the City of Eden Prairie Wellhead Protection Plan X. PAYMENT OF CLAIMS ANNOTATED AGENDA April 21, 2015 Page 8 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. City Manager's Review and Compensation B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Regulation of Train Speeds F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, APRIL 21, 2015 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Ron Case, Sherry Butcher Wickstrom, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL /CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON MARCH 31, 2015 III. ADOPT RESOLUTION APPROVING AMENDMENT 1 TO HOUSING DEVELOPMENT AGREEMENT IV. ADJOURNMENT HRA ITEM NO.: II UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,MARCH 31, 2015 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair 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, City Planner Julie Klima, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL /CALL THE HRA MEETING TO ORDER Chair Tyra-Lukens called the meeting to order at 8:16 PM. All HRA members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON JANUARY 20, 2015 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the minutes of the HRA meeting held January 20, 2015. Motion carried 5-0. III. ADOPT RESOLUTION HRA NO. 2015-02 ADOPTING MODIFIED TAX INCREMENT FINANCING PLAN FOR DISTRICT NO. 16 (LINCOLN PARC APARTMENTS) Getschow said this item requires the same action as the item on tonight's City Council agenda. MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution HRA No. 2015-02 adopting modified tax increment financing plan for District No. 16 (Lincoln Parc Apartments). Motion carried 5-0. IV. ADJOURNMENT MOTION: Aho moved, seconded by Case, to adjourn the HRA meeting. Motion carried 5-0. Chair Tyra-Lukens adjourned the HRA meeting at 8:18 PM. HOUSING & REDEVELOPMENT AUTHORITY AGENDA DATE: April 21, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: HRA ITEM NO: III. Community Development: Resolution Approving Amendment lto Janet Jeremiah, Molly the Eden Gardens Housing Development Koivumaki Agreement Requested Action: Move to: Adopt the Resolution approving Amendment 1 to the Eden Gardens Housing Development Agreement, and authorize the Mayor and City Manager to execute the Amendment 1 to the Housing Project Agreement. Synopsis: The Housing and Redevelopment Authority in and for the City of Eden Prairie (the"HRA") established a housing development project and set moderate income limits for the Eden Gardens Project by HRA Resolution No. 2014-01. The developer has demonstrated a need to increase the income limits in order to achieve the goal of alleviating the shortage of decent, safe, and sanitary housing for persons of moderate income and their families. Background: The original formula used to determine eligible incomes for the mid-market units at Eden Gardens was based on 80%to 120% of Area Median Income (AMI)which is established annually by the Office of Housing and Urban Development(HUD). Staff in the Office of Housing and Community Services have worked closely with the developer and the mortgage broker for several months and have concluded that the income range needs to be increased to 140% of AMI in order to qualify potential homebuyers whose incomes fall above the 120% cap. Upon reviewing the incomes of potential buyers, the 140% limit was determined to be a sufficient increase to meet the need. Attachments: Resolution Amendment 1 to Housing Project Agreement HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN STATE OF MINNESOTA H.R.A. RESOLUTION NO. 2015-03 A RESOLUTION APPROVING AMENDMENT 1 TO THE HOUSING DEVELOPMENT AGREEMENT AND AUTHORIZING ITS EXECUTION BY THE CHAIR AND EXECUTIVE DIRECTOR BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority("HRA") in and for the City of Eden Prairie, Minnesota, as follows: RECITALS WHEREAS, the HRA established a housing development project ("Project") and set moderate income limits for the Project by H.R.A. Resolution No. 2014-01; WHEREAS, the HRA has determined that in order achieve the goal of alleviating the shortage of decent, safe, and sanitary housing for persons of moderate income and their families it is necessary to increase the moderate income limits established for the Project by H.R.A. Resolution No. 2014-01; NOW THEREFORE, THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HEREBY RESOLVES AS FOLLOWS: Moderate Income Limits. The U.S. Department of Housing and Urban Development annually determines the area median income for Hennepin County ("Area Median Income"). The Area Median Income is published annually in December for use in the following year. The HRA hereby determines that the moderate income limits ("Moderate Income Limits") for the Project shall be 80% to 140% of the Area Median Income. (For example, the Area Median Income for Hennepin County published in December 2014 for use in the year 2015 was $86,600. The Moderate Income Limits for all Moderate Income Units sold in 2015 is $69,280 to $121,240.) ADOPTED by the Housing and Redevelopment Authority in and for the City of Eden Prairie this 21 st day of April, 2015. Nancy Tyra-Lukens, Chair ATTEST: Rick Getschow, Executive Director 1 CERTIFICATION I, Rick Getschow, Executive Director of the Housing and Redevelopment Authority in and for the City of Eden Prairie, County of Hennepin, Minnesota, hereby certify that the foregoing is a true and correct copy of H.R.A. Resolution No. 2015 - 01 passed by the Authority on the 21st day of April, 2015. Executive Director 2 AMENDMENT 1 TO HOUSING PROJECT AGREEMENT THIS AMENDMENT 1 TO HOUSING PROJECT AGREEMENT, made as of the 21 day of April, 2015,by and between the Housing Redevelopment Authority in and for the City of Eden Prairie,Minnesota, a municipal corporation and political subdivision organized and existing under the Constitution and the laws of the State of Minnesota (the "HRA") and Eden Gardens, LLC, a Minnesota limited liability company(the "Developer"), WITNESSETH: WHEREAS,the HRA and Developer entered into that certain document entitled"Housing Project Agreement" dated August 19, 2014 ("Agreement"). WHEREAS, the Agreement provides for the sale of Moderate Income Units with specific income limits. WHEREAS, the HRA and Developer have determined that in order achieve the goal of alleviating the shortage of decent, safe, and sanitary housing for persons of moderate income and their families it is necessary to increase the moderate income limits established in the Agreement. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Paragraph 1. B. is hereby deleted in its entirety and replaced with the following: B. Moderate Income Limits. The U.S. Department of Housing and Urban Development annually determines the area median income for Hennepin County ("Area Median Income"). The Area Median Income is published annually in December for use in the following year. The HRA hereby determines that the moderate income limits ("Moderate Income Limits") for the Project shall be 80%to 140% of the Area Median Income. (For example, the Area Median Income for Hennepin County published in December 2014 for use in the year 2015 was $86,600. The Moderate Income Limits for all Moderate Income Units sold in 2015 is $69,280 to $121,240.) 1 2. Except as amended herein the Agreement remains in full force and effect. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. (signatures on following pages) 2 HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Chair By Rick Getschow Its Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015, by Nancy Tyra-Lukens and Rick Getschow, respectively the Chair and Executive Director of the Housing and Redevelopment Authority in and for the City of Eden Prairie, on behalf of said authority. Notary Public 3 EDEN GARDENS, LLC By Date: Matthew Hanish Vice President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015, Matthew Hanish, the Vice President, of Eden Gardens, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Gregerson, Rosow, Johnson&Nilan, LTD 650 Third Ave S, Suite 1600 Minneapolis, MN 55376 4 ITEM NO.: VI.A UNAPPROVED MINUTES - CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MARCH 31, 2015 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 I. COMMUNITY SURVEY RESULTS Getschow said the City has conducted the Community Survey every two years since 2006. This year the City chose a new firm,National Research Center Inc. (NRC), to conduct the survey. NRC conducts surveys for communities throughout the country, and they are able to provide benchmark comparisons for similar communities. NRC president Dr. Tom Miller presented the survey results. Miller noted that past surveys were conducted by phone, whereas the 2014 survey was done by mail. Miller said he conducted a four-hour workshop with directors and managers earlier in the day to review the results and develop next steps. Miller said surveys were mailed to 1,200 households, and 307 surveys were returned for a 27%response rate. Results were weighted to reflect community demographics. Miller said Eden Prairie residents continue to enjoy a high quality of life, with 95% of respondents rating overall quality of life as good or excellent (compared to 89% in 2012). Miller said this number is higher than benchmarks, and the increase is a bit surprising given the change in survey instrument. He noted that the split between good and excellent was about even, so even though the rating is very high there is still room for improvement. Miller said 97%responded excellent or good for Eden Prairie as a place to live, 92% said good or excellent for their neighborhood as a place to live, and 92% said good or excellent for the City as a place to raise children. The number drops to 79%when respondents rate Eden Prairie a place to visit. Nine out of 10 residents would recommend living in Eden Prairie and plan to remain in the community for the next five years; however, only 68% said they consider Eden Prairie an excellent or good place to retire. Case asked if any of the survey questions get at why people would or would not stay in Eden Prairie. Miller said surveys typically do better at determining what people think rather than why they think it. City Council Workshop Minutes March 31, 2015 Page 2 Residents also gave high ratings to the appearance of the community, the natural environment and outdoor amenities. The natural environment received 90% good or excellent ratings, and the overall image and reputation of Eden Prairie was rated good or excellent by 91%. Community characteristics receiving the lowest ratings were ease of travel by public transportation(41%) and availability of affordable housing (55%). Seven appearance and outdoor amenities categories received ratings higher than benchmarks: Cleanliness (97%), overall appearance (96%), air quality(95%), fitness opportunities (92%), paths and trails (92%), recreation opportunities (89%) and public places (88%). The most frequent responses to what respondents like most about Eden Prairie were convenient location(18%) and parks, trails and recreation centers (17%). 82% of residents had used large community parks within the past12 months, and 75%had used smaller neighborhood parks. 90 percent or more of residents rated their sense of safety in six areas as good or excellent: in their neighborhoods (96%), at Eden Prairie Center mall (95%), on paths/walking trails (93%), in parks and open spaces (91%) and in retail parking lots (91%). When asked about problems in the community, traffic speeding was cited most often(24%). The least problematic issue was violent crime (5%). Nine out of 10 individuals who had contact the with police department rated the interaction as excellent or good. The most frequent contact was through the annual Eden Prairie Night to Unite event. Survey respondents continue to think highly of the quality of services in Eden Prairie. 87% rated the overall quality of services as good or excellent. When asked to rate the value of the services for the taxes paid, 77%rated them as good or excellent. The highest rated services were Hennepin County EMS response time and fire services. The lowest rated services were traffic signal timing and assessing services. Renters gave lower ratings to recreation services, and lower income residents gave a lower rating to drinking water quality. Aho noted that one choice of answers to the quality of services is "fair,"which can have more than one meaning. He wondered if misinterpretation of the word could affect results. Miller said he has not been asked about this before, but will make a note of it. When asked about participation in events, 87% of residents have attended or know about the 4th of July celebration. The event with the lowest awareness/participation was Senior Awareness Month at 26%. In general, newcomers, renters, and residents with lower incomes participate less. City Council Workshop Minutes March 31, 2015 Page 3 58% of respondents had contact with City employees in the past 12 months. The department with the most frequent contact was police. 84% of respondents said they receive information by word of mouth, 77% cited the Parks & Recreation Program Guide, and 65%the Eden Prairie News. EPTV channel 16 was used as an information source by just 15% of respondents. 92% of respondents rated the City's website information as excellent or good. 49% said they used the website in the past 12 months, compared to 60% in 2012. Although 77% said they get their information from the Parks and Rec Brochure, 40% said they did not know about online registration for recreation programs. Case said he is leery of the question about younger users getting information from or visiting the website. He wondered if the change in survey instrument might account for the lower number. Miller said there can be natural variation in responses from year to year, and he suggested waiting until the next survey to see if the trend sustains. He said the change may not be worthy of a policy change at this point. Miller noted that evaluative questions tend to be answered more positively on phone surveys than by mail. Butcher Wickstrom said Minnesotans strive to please, and Aho said he believes people may hesitate to express negative opinions on the phone. 58%rated their opportunities to be involved as excellent or good. In summary, Miller said residents are engaged but efforts could be made to improve opportunities to be involved. Butcher Wickstrom and Tyra-Lukens said they are concerned with this result. They feel the City Council has tried to provide multiple ways for residents to be involved and provide feedback. Miller said staff spent a lot of time discussing this result at their next steps workshop. Case noted that the actual survey question was about opportunities for residents to provide input into City decision making. He felt that the PowerPoint summary did not adequately capture the essence of the question. Aho asked for a sense of how much a change in survey instrument would affect results. Miller said the change could result in a difference of 7 to 10 points. He said he would be cautious about making too much of declines that have no apparent explanation. II. OPEN PODIUM A. BOB ADOMAITIS Adomaitis addressed the Council about what he called the plight of a long-time Riley Lake property owner. He said the family has owned a cabin on the lake since the 1960s, and they now want to combine two lots and build a handicapped- accessible house for their elderly father. He said City staff insists the proposal is a subdivision and will have to be developed consistent with Chapter 12 rules. He City Council Workshop Minutes March 31, 2015 Page 4 said no one understands the City's logic, which has already resulted in $25,000 in expenses for the family. He said he is also concerned about why the property owners were told by City staff that the proposal has to be submitted to the Riley Purgatory Bluff Creek Watershed District for approval. He said he is concerned that City staff appears to feel pressured to follow new watershed district rules even though the City has not approved them. Mayor Tyra-Lukens asked if Adomaitis was looking for clarity on the watershed district rules. Getschow said the City is working on updating its plan. He said the RPBCWD is of the opinion that their rules prevail until the City updates its plan. He said the City does not want people to move forward with projects and then have the RPBCWD find them in violation of their rules. Regarding zoning issues, Getschow said most properties are zoned rural until they are developed. He said staff is meeting with the property owners to work through the issues,but that the City is following its normal practices. Case said he does not like how the RPBCWD is handling their new rules. He would like the City to get more involved in the process. Nelson said she is concerned for these property owners. She does not understand why they are being hassled about something they have owned for so long. Aho said he hopes staff can work with the owner, but he is more concerned with the watershed district rules. He thought the City's plan was in place, and in any case he thought our plan always took precedence. Getschow said the watershed updated its plan in 2011 and in 2013 and since the original two-year period has expired, they believe their rules take precedence. Getschow said the City disagrees with this assessment. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MARCH 31, 2015 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, City Planner Julie Klima, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. 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 IV. PROCLAMATIONS/PRESENTATIONS A. RECOGNITION OF TERRY PICHA FOR MINNESOTA COMMUNITY FORESTRY OUTSTANDING VOLUNTEER SERVICE AWARD Lotthammer said Terry Picha was awarded the 2015 Outstanding Volunteer Service Award on March 17 by the Minnesota Society of Arboriculture. Each year awards are given out to recognize the special efforts of cities, industry and individuals for their commitment to promoting trees and arboriculture within the state. Mr. Picha was nominated for the award by City staff in the Parks and Recreation Department for his volunteer efforts in caring for native trees in the Birch Island Woods Conservation Area. Mayor Tyra-Lukens presented the award to Mr. Picha. Mr. Picha thanked City staff for the recognition. B. DONATION OF TRAILER FOR EDEN PRAIRIE PLAYERS AND EDEN PRAIRIE COMMUNITY BAND (Resolution No. 2015-34) Lotthammer said the Eden Prairie Lions Club is donating $2,000 towards the purchase of a trailer to support the Eden Prairie Community Band and the Eden Prairie Players theater program. He thanked both the Lions Club and the Lioness Club for their donations towards the purchase of the trailer. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No. 2015-34 accepting the donation in the amount of$2,000 from the Eden Prairie Lions Club for the purchase of a 6x12 trailer to support the Eden Prairie Community Band and the Eden Prairie Players theater programs. Motion carried 5-0. C. DONATION OF PICKLEBALL NETS (Resolution No. 2015-35) Lotthammer said Jerry Maas, an Eden Prairie resident, donated six pickleball nets valued at $240.00 to be used at the Pioneer Park Tennis/Pickleball Courts. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2015-35 accepting the donation of six pickleball nets from Eden Prairie resident, Jerry Maas, at an approximate value of$240 to be used at Pioneer Park Tennis/ Pickleball Courts. Motion carried 5-0. Tyra-Lukens noted donations such as these help make the community a wonderful place. D. ARBOR DAY PROCLAMATION Mayor Tyra-Lukens read the proclamation proclaiming May 2, 2015, as Arbor Day in the City of Eden Prairie. Tyra-Lukens asked how many years we have participated in Arbor Day in Eden Prairie. Lotthammer replied it is 33 years. E. EDEN PRAIRIE GIVES WEEK PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming April 19-25, 2015, as EP Gives Week. Mark Weber, Executive Director of the Eden Prairie Community Foundation, thanked the Mayor for the proclamation. He said the proclamation will give attention to groups that have given back to the community and that have inspired others to do so. The Foundation's annual gala will be held on April 25 to honor philanthropy and the newest grantees. F. MINNESOTA SAFE DIGGING MONTH PROCLAMATION Mayor Tyra-Lukens read a proclamation proclaiming April, 2015, as Safe Digging Month in Minnesota. A representative from CenterPoint Energy accepted the proclamation. He said the proclamation recognizes the Gopher State One Call program which provides one phone number to call to request utility line locations at an intended dig site. G. COMMUNITY SURVEY RESULTS Tyra-Lukens introduced Dr. Tom Miller, President of the National Research Center and coordinator of the survey. Dr. Miller gave a PowerPoint presentation showing the results of the Community Survey his firm completed for the City of Eden Prairie. He said 1200 residents were invited by mail to participate in the survey in November 2014. A total of 27% of those invited to participate responded, and the results showed very strong ratings for the City, with 95% of the respondents giving an overall quality of life score of excellent or good. He noted the rating for quality of service was higher than that of other communities that performed similar surveys. Traffic speeding was mentioned the most often in the list of problems. Residents said they felt safe in the community and they appreciated the natural environment and outdoor amenities in the City. Tyra-Lukens said the Council had an opportunity to hear the survey results at the workshop before tonight's meeting. She expressed surprise at the number of people who still feel that traffic signal timing is a problem in light of some improvements we have made since the last survey, such as the left turn on flashing yellow signal modifications. She thanked Dr. Miller and those who participated in the survey. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said Item VIII.K. should be added to the Consent Calendar. Tyra-Lukens added Item XIV.A.2. Case added Item XIV.A.3. MOTION: Butcher Wickstrom moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 3, 2015 MOTION: Aho moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, March 3, 2015, as published. Motion carried 4-0-1,with Butcher Wickstrom abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 3, 2015 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, March 3, 2015, as published. Motion carried 4-0-1, with Butcher Wickstrom abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. O'REILLY AUTO PARTS STORE by C.M. Architecture, P.A. Second reading of Ordinance 3-2015-PUD-2-2015 for Planned Unit Development Review with waivers on .83 acres and Zoning District Review in the C-Corn Zoning District on .83 acres. Location: 8868 Aztec Drive. (Ordinance No. 3-2015-PUD- 2-2015 for PUD District Review with waivers and Zoning District Amendment; Resolution No. 2015-36 for Site Plan Review) C. APPROVE PURCHASE OF NG-911 PHONE DISPATCH SYSTEM FROM INDEPENDENT EMERGENCY SERVICES LLC D. AWARD THE CONTRACT FOR RECONFIGURATION OF ELECTRICAL SWITCHGEAR AND CONNECTION OF STANDBY GENERATOR FOR THE CITY CENTER BUILDING TO PRAIRIE ELECTRIC E. APPROVE CONTRACT WITH REPUBLIC SERVICES FOR ANNUAL CITY DROP OFF DAY F. ADOPT RESOLUTION NO. 2015-37 AWARDING CONTRACT FOR PIONEER TRAIL LANDSCAPE PROJECT TO AUTUMN RIDGE LANDSCAPING G. APPROVE PURCHASE OF NEW SIGN MAINTENANCE SERVICE TRUCK H. APPROVE GRANT AGREEMENT WITH METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES FOR MONITORING AND MAINTENANCE OF RILEY CREEK WATER QUALITY MONITORING STATION I. APPROVE CONTRACT FOR PURCHASE AND INSTALLATION OF CAT 6 CABLE FOR CARD ACCESS AND IP CAMERA FOR THE COMMUNITY CENTER AQUATICS UPGRADE PROJECT J. APPROVE AGREEMENT OF WAIVER AND CONSENT TO EXERCISE A FIRST OPTION TERM FOR LEASE WITH LIGHTHOUSE DAYCARE FOR CITY OWNED PROPERTY LOCATED AT 8098 GLEN LANE K. APPROVE COMMUNITY GARDEN PLOT LEASE AGREEMENT WITH METROPOLITAN AIRPORT COMMISSION MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve Items A- K on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. WAGNER PROPERTY by Pemtom Land Company. Request for Planned Unit Development Concept Review on 6.5 acres; Planned Unit Development District Review with waivers on 6.5 acres; Zoning District Change from R1-22 to R1-13.5 on 6.5 acres and Preliminary Plat of 6.5 acres into 12 lots and road right of way on 6.5 acres. Location: 10841 & 10861 Blossom Road. (Resolution No. 2015-38 for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Change from Rural to R1-13.5; Resolution No. 2015-39 for Preliminary Plat) Getschow said this development proposes the creation of twelve single family lots. The gross density of the project is 1.85 units per acre. Waivers from the minimum lot width at the Right of Way line are being requested for six of the twelve lots. Granting of the waivers provides for a subdivision design that utilizes through street connections and eliminates the use of cul-de-sacs. The Planning Commission voted 6-0 to recommend approval of the project at the February 23, 2013 meeting. Dan Blake, representing Pemtom Land Company, was available for questions. There were no comments from the audience. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing; to adopt Resolution No. 2015-38 for Planned Unit Development Concept Review on 6.5 acres; to approve 1st reading of the ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from R1- 22 to R1-13.5 on 6.5 acres; to adopt Resolution No. 2015-39 for Preliminary Plat on 6.5 acres into 12 lots; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Case asked about the reason for changing the zoning from R1-22 to R1-13.5. Julie Klima responded the surrounding properties are zoned R1-13.5, so it allows for continuation of the neighborhood design. Case noted some years back, when the townhome development to the east was built, some of this land was taken for a NURP pond and asked if the pond can also handle this development. Ellis said it can. VOTE ON THE MOTION: Motion carried 5-0. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 9.60 RELATING TO THE USE OF LAKE WATERS (NO WAKE) Getschow said this amendment would adopt Slow-No Wake guidelines and procedures for three local lakes, Riley, Staring and Bryant. Under Minnesota rules cities are given the authority to adopt ordinances that regulate watercraft speeds on lakes within its jurisdiction. The City is proposing to adopt rules establishing maximum watercraft speed limits that are based upon specific lake water elevations. An ordinance adopting speed regulations shall provide for their enforcement and prescribe penalties for noncompliance. The ordinance would allow procedures to go into place when a particular lake water elevation is reached and includes communication and other mechanisms when that occurs. He noted two comments have come up related to this ordinance. One was a request from Chanhassen to use the 100-year flood elevation to trigger placing the speed restrictions on Riley Lake. Staff agreed with that request. Another was a request from a resident that float planes be exempt on one of the lakes. He noted that following first reading we would need to submit the proposed ordinance and any comments from the public hearing to the DNR for their review and approval. Tyra-Lukens noted the ordinance reflects the change to the 100-foot level for Riley Lake but does not reflect the request regarding float planes. She asked if float planes would be considered a water craft. Getschow said he thought a float plane would be considered a water craft, and the City Attorney is drafting an amendment to deal with that request. Ellis noted the term water craft would apply to any form of transportation on the water. There is not a lot of float plane traffic and that traffic would take place in the middle of the lake for takeoff or landing. The planes would be using a very slow speed when taxiing to shore. He noted Chanhassen would also have to agree with the ordinance. Case said he had a concern about having float planes on busy lakes but he was not sure we have regulatory power over them. Ellis said staff would have to do some research about that as there may be a number of agencies involved in that power. Case noted we can control motors and motor sizes but boat traffic is not decreasing on the lakes. He thought it seems ludicrous to allow a plane to land with increased boat traffic on the lakes. Aho said he did not think it is a problem as there are so few times the float planes take off and land. He has had no bad experience with the float plane on Bryant Lake and was glad to see this coming forward as a proposed ordinance. He felt it will ease the concerns of people who live on the lakes about this type of events. Tyra-Lukens asked what the procedure would be when a lake hits the high water mark. Ellis said we partner very well with residents to keep track of levels, and we receive many phone calls when elevations rise. We will monitor that with the homeowners. The ban would go in place when it hits the 100-year flood mark or the ordinary high water level. We would put up notices at the landings, and it would be published in the newspaper. Once the ban is in place it would stay in effect until the water level stayed below the 100-foot level for a period of three consecutive days, a restriction the DNR has placed on all such water restrictions. Aho said he was surprised to hear about the three-day waiting period because on the St. Croix River the ban is automatically lifted when the water goes down below the high level mark. Ellis believed the DNR wants to have three consecutive days to make sure it doesn't come back up right away if there is more rain, but we might want to pursue this with the DNR. Steve Williams, 9291 Kiowa Trail, Chanhassen, said he agreed with going to the 100-year high water mark. His experience in last year's ban was that on July 2 or 3 the water went below the high-water mark but the restrictions were left in place until July 6 which was after the July Fourth holiday. During that time the weather forecast was for sunny skies and no chance of rain. He said Public Works Director Ellis shared his cell phone number to his staff on July 3, and he called Mr. Ellis to complain about the length of time before the ban was lifted. Mr. Ellis made the decision to release the ban for the July 4th weekend, thereby saving the holiday for residents who use Eden Prairie lakes for boating. He said he appreciated it when government shows common sense in regard to the rules. Bob Adomaitis, 9503 Highview Drive, said he has experienced numerous events of high water and the damage it causes on Riley Lake. He strongly supported the ordinance and asked that some provision regarding signage be made so that the temporary No-Wake signs are placed close to the boat launch. Last year there were a number of people who said they did not see the signs that were posted on the notice board. Perry Forester, 9505 Highview Drive, said Riley Lake is the recipient of water from other lakes up stream. There are sound reasons for the three-day delay so that water coming down from the upper lakes can flush through the creek system. Dave Stein, 6741 Beach Road, said he fully supported this effort to have a no- wake restriction because of the damage it does to the shoreline and the docks. He also expressed concern about the noise level on the lakes caused by wake boarders playing their radios which disturbs the residents on the lake. MOTION: Aho moved, seconded by Nelson, to close the public hearing and to approve first reading of an ordinance amending City Code Section 9.60 relating to the use of lake waters. Motion carried 5-0. Tyra-Lukens asked if boat traffic is subject to the noise ordinance. Rosow replied he will check on that and get back to the Council. C. RESOLUTION NO. 2015-40 APPROVING SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT ACTION FOR 19184 KRISTIE LANE Getschow said the neighbors around the property at 19184 Kristie Lane and the City have expressed concern with the condition of the property at that location. The City Council declared the property a nuisance situation and sought an order from the Court ordering the mortgage and record owners to abate the nuisances that existed on the Property, or allow the City to enter the Property, abate the nuisances, and assess the Property for the City's costs related to the same. The City incurred costs for nuisance abatement in the amount of$13,057.00 through February 4, 2015. The action tonight is to hold a public hearing to approve the special assessment for costs to date. Nelson said she was hoping to hear of progress being made in this situation because it seems as if it has been going on forever. Rosow replied we have been working since the City Council passed the resolution declaring the property a nuisance and ordering the abatement. Nothing has happened since that time and we had to wait for the statutory process. There were some minor exterior items taken care of in September, 2014. We filed a declaratory judgment action and requested for mandatory injunctive relief in October. The court granted 60 days to comply, but nothing happened. We then brought a motion for default judgment against the bank. A hearing was set for January, and the day before the hearing the bank's attorney called Mr. Rosow's office to announce an appearance in the case. The court granted the order and the summary judgment and ordered them to do the work within 60 days. The court was not pleased that the bank had not responded until the very last day. Several days later Mr. Gregerson from Mr. Rosow's office requested a meeting with the bank. The meeting took place on approximately March 6, and Building Inspector Schmeig met with them on site to go over what was needed. Several important investigations and reports needed to be done to make the house habitable. Mold and electrical inspections have been completed and we are waiting for the reports. Mr. Rosow said he considered asking the court to hold them in contempt of the order, but decided the cost of that to the City would not be worth it. The action tonight is to make sure the assessment is levied against the property before it is sold by the bank. Aho said there hasn't been a lot of progress in repairing the home, and we are looking at our ordinances relating to the outside of the house. In terms of the interior, reference was made to remediating the mold and the electrical system, but he asked about the other aspects of the habitability of the home. Rosow said by virtue of having our motion of summary judgment granted, the court has declared the property is hazardous and a nuisance, so the property owner is no longer in control of doing repairs at their own pleasure. If the bank does not take care of the property to our satisfaction, then we will continue to ask the court for further orders to make them perform and make it a habitable house. We can now go back before the court if necessary. Case said he understood there is an expense to the City in the short term,but he thought it is the right thing if only because we are taking a stand for the future. He asked about the worst case scenario. Rosow replied it would be the worst case that they refused to do anything and we asked the court for relief to tear it down. We would then evaluate what it would cost us to make the repairs, and would have a discussion with the City Council as to whether we should tear it down or sell it. He noted he would be surprised if we were not able to get all our costs back. Nelson asked the name of the bank involved. Rosow said it is Green Tree. Nelson asked if we would have to go through the court system every time there is a home with exterior maintenance issues. Rosow said we have an exterior maintenance code and can use those remedies. The problem here was that the owners abandoned the property and moved out of state, so there was nobody for the Building Department to have a conversation with or to hold responsible. In a normal situation a property owner is there so we can get their attention and work with them. We have tools and resources to get the house back into good condition. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing and to adopt Resolution No. 2015-40 approving the Special Assessment for Nuisance Abatement Action for 19184 Kristie Lane. Motion carried 5-0. Case asked if we are looking at a similar action on the abandoned property next to the Wagner property that was approved for development earlier tonight. Getschow said we are looking at that, and it is currently a question of exterior code maintenance. Case said he would encourage us to move similarly with that property because these are the only two abandoned properties that are a nuisance and a danger. Tyra-Lukens noted the whole issue has been very frustrating for the Council, staff, and the neighbors. She asked if we will be communicating with the neighbors about this property. Getschow said we are communicating with them on a very regular basis. D. RESOLUTION NO. 2015-41 APPROVING MODIFIED TAX INCREMENT FINANCING PLAN,DISTRICT NO. 16 AND AMENDMENT NO. 4 TO PROJECT MANAGEMENT AGREEMENT Getschow said we had two public hearings in January for extensions of TIF districts. The item for TIF District 16 was continued to this evening because the City and the developer were fine tuning the development. The issue here is extending the life of the district from 15 to 25 years to continue the 140 units of affordable housing that were part of the original agreement. We had a procedure to set up the districts for 15 years, evaluate them, and then look at extending the agreement to 25 years. We will get credit from the Metropolitan Council for preserving the affordable housing units. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing and to adopt Resolution No. 2015-41 approving Modified Tax Increment Financing Plan, District No. 16, Amendment No. 4 to Project Management Agreement, and Second Amendment to Community Development Block Grant Loan Documents. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Butcher Wickstrom, Case, Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Mayor's Challenge for Water Conservation (Resolution No. 2015-42) Tyra-Lukens asked for a resolution of support for the Mayor's Challenge for Water Conservation. She asked residents to respond to the Weiland Company challenge survey on the website from April 1-30 to score points for the City of Eden Prairie. MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2015-42 supporting the Mayor's Challenge for Water Conservation. Motion carried 5-0. Nelson noted someone who signed up for the previous years' challenges can sign up to show they plan to continue to conserve water. 2. Arts in the Park--Mayor Tyra-Lukens Tyra-Lukens said the Arts in the Park Event is scheduled for Saturday, May 16 and is a great event for all ages. They need to have artists participate in the event. Information and application forms are on the website and are due by April 10. There will be entertainment for kids and food vendors at the event in addition to the art. 3. Increase in Oil Tanker Rail Traffic--Council Member Case Case said he received a call from a resident expressing concern about the great increase in oil tanker cars and the length of them as they go through the City. He was not sure a lot of people understand the extent of the change in that traffic over the last few years. He said Glen Johnson, who is present at the meeting tonight and is experienced in this sort of situation, was the one who brought it to his attention. He suggested we get a report back from staff about the role and responsibilities of cities in increased rail traffic and what things the City might pro-actively do to make it safer. The other Council Members concurred. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS At this point the City Council moved to closed session to discuss the City Manager's performance review. XVI. CLOSED SESSION FOR CITY MANAGER'S PERFORMANCE REVIEW XVII. ADJOURNMENT MOTION: Aho moved, seconded by Butcher Wickstrom, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 9:25 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 21, 2015 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 Cigarette & Tobacco Products Temporary Liquor RAF LLC Organization: City of Eden Prairie DBA: Snacks &Drinks Municipal Liquor Stores 8251 Flying Cloud Drive, #1246 Event: Arts in the Park(Beer Tasting) Date: May 16, 2015 Place: Purgatory Creek Park Gambling/Bingo 13001 Technology Drive Organization: Eden Prairie Lions Club Place: EP Community Center Organization: City of Eden Prairie 16700 Valley View Road Municipal Liquor Stores Event: Schooner Days Event: Starring at Staring concert Dates: May 29-31, 2015 Date: July 10, 2015 Place: Staring Lake Park Amphitheater Organization: Eden Prairie Lions Club 14800 Pioneer Trail Place: Round Lake Park 16691 Valley View Road Event: 4th of July Hometown Celebration Dates: July 3-4, 2015 Private Kennel Wendy Gilbertson 19141 Pleasantview Road Raffle Organization: Foundation for Eden Prairie Schools Place: Bent Creek Golf Club 14490 Valley View Road Date: June 15, 2015 - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 21, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Rick Getschow, City Manager Set a Public Hearing for May 5, 2015, for the Consideration of Cable Communications Franchise Requested Action Move to: Set a Public Hearing for May 5, 2015, for the Consideration of Cable Communications Franchise. Synopsis CenturyLink has requested that the City consider the grant of a cable communications franchise so CenturyLink can provide cable television services in the City. Pursuant to this request, staff has prepared the necessary documents to process the City's consideration of the grant of a competitive cable communications franchise. To that end, attached hereto please find the following: 1. Procedural Timeline Regarding the Request for a Cable Communications Franchise; 2. Notice of Intent to Franchise, required pursuant to Minn. Stat. Section 238.081, subd. 2; 3. Notice of Public Hearing. The above referenced documents have been prepared to comply with the franchising procedure required under Minnesota state law. The Notice of Intent to Franchise has been published in the official newspaper pursuant to the timeline that is included in the packet. Interested parties may obtain copies of the Request for Proposals and related franchise documentation as described in the Notice of its Intent to Franchise and the City will follow the procedure outlined in the Notice of its Intent to Franchise and Request for Proposals which is derived substantially from state law. To the extent an application is submitted by an entity the City will then be required to assess the legal, technical and financial qualifications of the applicant(s). It is important to emphasize that at this time the City is only considering the implementation of the state statutory franchising process. There will be a public hearing before the City Council on this matter and no entity will be permitted in the City's right-of-way for the provision of cable services until the City Council considers the award of a cable communications franchise. Attachments 1. Procedural Timeline Regarding the Request for a Cable Communications Franchise 2. Notice of Intent to Franchise, required pursuant to Minn. Stat. Section 238.081, subd. 2 3. Notice of Public Hearing PROCEDURAL TIMELINE REGARDING THE REQUEST FOR A CABLE COMMUNICATIONS FRANCHISE City of Eden Prairie, Minnesota DATE TASK February 2015 Meeting of Commission staff and any other interested parties to review process, law, concerns. March 2015 City considers publication of Notice of Intent to Franchise. March - May 2015 Commission begins negotiations regarding franchise terms with prospective Applicant. April 9 & 16, 2015 City publishes Notice of Intent to Franchise once each week for two (2) successive weeks in local newspaper. Notice also mailed directly to existing operator (Comcast) and other prospective Applicants (CenturyLink). April 30, 2015 Closing date for submission of Application [must be at least 20 days from date of first publication]. April/May 2015 Consideration of Application received. April 21, 2015 City meets to call Public Hearing. April 23, 2015 City publishes Notice of Public Hearing [10 to 14 days before conduct of hearing]. May 5, 2015 City conducts Public Hearing regarding Franchise Applications — considers resolution regarding qualifications. April 2015 Preparation of report by Moss & Barnett regarding qualifications of Applicant's. April 22, 2015 Commission meets to consider Applicant's qualifications and Moss & Barnett's report— issue recommendation to Member Cities. NOTE—April 22, 2015 is the Commission's next regularly scheduled meeting date. May , 2015 Commission considers Applicant's Franchise and issues its recommendation to the Member Cities regarding adoption of the Franchise. May/June, 2015 City Council considers award of Franchise to successful Applicant(s) [must be at least 7 days after Public Hearing—no time limit on when action must be taken]. June 2015 Successful Applicant accept franchise document and submits required closing documentation [typically within 30 days of the grant of a franchise]. 2812233v1 NOTICE BY THE CITY OF EDEN PRAIRIE, MINNESOTA OF ITS INTENT TO CONSIDER AN APPLICATION FOR A FRANCHISE Notice is hereby given that it is the intent of the City Council of the City of Eden Prairie, Minnesota, to consider an application for a franchise for the purpose of operating a cable communications system to serve the City of Eden Prairie, Minnesota. This notice is given in accordance with the requirements of Minn. Stat. § 238.081. Applications shall be submitted in response to this Notice and Request for Proposals available on request in the Office of the City Manager at 8080 Mitchell Road, Eden Prairie, Minnesota, 55417. A. The deadline for submitting applications is April 30, 2015. B. Applications shall be in writing, notarized, in a format consistent with the Request for Proposals. Applications shall be delivered to the attention of the Office of the City Manager at 8080 Mitchell Road, Eden Prairie, Minnesota, 55417. Two (2) additional copies shall be simultaneously submitted to the City's outside legal counsel, Brian Grogan, Moss & Barnett, 150 South Fifth Street, Suite 1200, Minneapolis, Minnesota 55402. C. Pursuant to Minn. Stat. § 238.081 subd. 8, Applicants will be required to reimburse the City for all necessary costs of processing a cable communications franchise. Each application shall include an application fee of Ten Thousand and No/100 Dollars ($10,000) in the form of a certified check made payable to the City of Eden Prairie, Minnesota. Any unused portion of the application fee shall be returned to the Applicant and any additional fees required to process the application and franchise beyond the Application fee shall be assessed to the Applicant. D. Applicants are requested to be present at a public hearing before the City Council that is presently scheduled to be held at City Hall, beginning at 7 p.m. on Tuesday, May 5, 2015. Each applicant will be given time to summarize its application. E. The Request for Proposals sets forth in detail the expectations of the City of Eden Prairie, Minnesota and the requirements of the content of the franchise proposal and are made in conformance to the requirements of Minn. Stat. § 238.081, subd. 4. F. The services to be offered are identified in the Request for Proposals and include a system providing public, educational and governmental access channels consistent with state law; a mix, level and quality of programs and services comparable to other systems in the region serving similar sized communities and customer services and maintenance plans to ensure quality service to the subscriber. The Request for Proposals provides further details of the services to be offered. 2780933v1 G. The criteria for evaluating the applications and priorities for selection are as follows: 1. The completeness of applications and conformance to Request for Proposals; 2. Customer service policies and system testing; 3. The legal, technical, and financial qualifications of the applicant; and 4. The proposal for community services, including public, educational, and governmental access in accordance with state law. H. Applications which meet the above criteria in the opinion of the City Council shall be considered for a franchise. I. The applicant(s) selected by the City Council will be required to accept the franchise documents granted within thirty (30) days after adoption. J. All questions concerning this request should be directed to the City's outside legal counsel, Brian Grogan, Moss & Barnett, 150 South Fifth Street, Suite 1200, Minneapolis, Minnesota 55402; phone (612)877-5340. Date: March 31, 2015 CITY OF , MINNESOTA By: Its: 2780933v1 PUBLIC HEARING NOTICE City of Eden Prairie, Minnesota NOTICE IS HEREBY GIVEN that the City of Eden Prairie, Minnesota will hold a hearing on Tuesday, May 5, 2015 at 7 p.m., or as soon thereafter as the matter may be heard, to consider the applications received for a cable communications franchise. The public hearing will be held at the City Hall in Eden Prairie, Minnesota. All interested parties are invited to attend and voice their opinions. Written statements may be submitted at or before the public hearing. Dated this 21st day of April, 2015. CITY OF , MINNESOTA By: Its: 2780935v1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 21, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Stuart Fox, Parks and Natural Duck Lake Trail Garden License Agreement with Resources Manager Eden Prairie Assembly of God Church Requested Action Move to: Approve the Duck Lake Trail Gardens License Agreement with the Eden Prairie Assembly of God Church. Synopsis This license agreement is for the use of a portion of the Eden Prairie Assembly of God Church (Church)property adjacent to the Duck Lake Road for community gardens. These 36 garden plots will be rented by residents through the Parks and Recreation Department to grow vegetables and flowers. There is no fee or cost being charged to the city for this license agreement. In return for use of the land there will be nine gardens prepared for exclusive use by members of the Church. Background Currently there are community gardens sites at Pioneer Park and on the MAC property on Pioneer Trail. While we have secured the use of the MAC site for gardening use again this year, staff has been exploring additional garden site options anticipating that the MAC property will eventually be unavailable. For the past two years the city staff has been evaluating garden site options within the park system to be used for community gardens. Last summer the staff was approached by members of the Assembly of God Church asking if the city would consider partnering with them to provide community gardens on vacant property west of their parking lot. After nearly six months of discussion we have secured a License Agreement with the Church to use a portion of their property for 36 community garden plots. Attachment Duck Lake Trail Gardens License Agreement DUCK LAKE TRAIL GARDENS LICENSE AGREEMENT This Duck Lake Trail Gardens License Agreement ("License Agreement") is made this 21 St day of April, 2015 by and between Eden Prairie Assembly of God Church, a Minnesota nonprofit corporation (the "Church"), as Licensor, and the City of Eden Prairie, a Minnesota municipal corporation(the"City"), as Licensee. RECITALS WHEREAS, the Church is the owner of certain real property in the City of Eden Prairie, Hennepin County, Minnesota, located at 16591 Duck Lake Trail and legally described as: That part of the east 40 rods of Government Lot 5 of Section 5, Township 116, Range 22, lying southerly of the center line of Duck Lake Trail and also that part of the northeast 1/4 of the southeast 1/4 of Section 5, Township 116, Range 22 lying westerly of the center line of Eden Prairie Road and lying southerly of the centerline of Duck Lake Trail, except roads. (the "Church Property"); WHEREAS, the Church and the City have determined that a portion of the Church Property, depicted on Exhibit A attached hereto, is suitable for use as garden plots (the "Garden Property"); WHEREAS, the City desires to use the Garden Property shown on attached Exhibit A to operate community garden plots, to be known as the Duck Lake Trail Gardens, on the Garden Property; WHEREAS, the Church has determined that the City's desired use of the Garden Property will not interfere with Church operations; and WHEREAS, the Church is willing to allow the City to occupy and use the Garden Property upon the terms and conditions of this License Agreement. NOW, THEREFORE, in consideration of the mutual covenants hereinafter stated and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Grant and Use of License. The Church hereby grants to the City a license to occupy and use, subject to the terms and conditions stated herein, the Garden Property for the purpose of operating community garden plots (the "License"). 2. Preparation of Garden Plots. The City shall be responsible for marking, tilling and otherwise preparing the garden plots for planting. 1 3. Number of Plots. The City shall initially prepare forty-five (45) garden plots. The use and operation of thirty-six (36) of these plots shall be reserved for designation by the City. The use and operation of nine (9) plots shall be reserved for designation by the Church. The location and approximate size of the garden plots are shown on the attached Exhibit A. 4. Designation of Gardeners. The City shall, in its sole and exclusive discretion, designate the person or persons who may plant and maintain a garden on each garden plot reserved for the City. The form of the agreement to be used between the City and each gardener is attached hereto as Exhibit B. The Church shall, in its sole and exclusive discretion, designate the person or persons who may plant and maintain a garden on each garden plot reserved for the Church. 5. Water. The City shall provide and supply water to two to three above-ground water tanks to be located on the east side of the Garden Property. All gardeners designated pursuant to paragraph 4 above may draw water from the tanks for the purpose of watering their individual garden plots. 6. Term. The initial term of this License shall be eight (8) months, commencing May 1, 2015. This License will thereafter automatically renew each year for one- year periods on February 1 of each year. The City or the Church may terminate this License without cause upon written notice delivered to the other party on or before December 31 prior to the next anniversary date. 7. Complaints. If the Church determines that any gardener designated by the City pursuant to paragraph 4 above is using the Garden Property in a manner inconsistent with gardening or in violation of the terms of the agreement between the City and the gardener attached as Exhibit B, or in an otherwise unsafe or disruptive manner, the Church shall notify the City in writing of the complaint. The City shall investigate and attempt to resolve the complaint within ten (10) business days of receipt of the written notice. If the City is unable to resolve the complaint to the Church's satisfaction within this timeframe, the City shall, upon the Church's request, terminate the right of the complained-about gardener to operate a garden plot on the Garden Property. 8. Surrender of Garden Property. Upon termination of this License, the City shall at its sole expense quit and deliver the Garden Property to the Church in as good order and condition as the same was in on the date the Term of this License commenced. Unless otherwise mutually agreed upon by the parties, the City's obligations under this paragraph 8 shall be limited to planting grass on the Garden Property. Any property left in or on the Garden Property after the termination of this License shall be deemed to have been abandoned and shall be the property of the Church to dispose of as the Church deems expedient. 2 9. Hazardous Substances. The Church represents and warrants that, to the best of the Church's knowledge, the Garden Property contains no toxic or hazardous substances or wastes, pollutants, or contaminants that would render the Garden Property unsuitable or unsafe for use as garden plots. For purposes of this paragraph 9, the Church's knowledge is limited to the knowledge of [insert name of individual who would have reason to know of hazardous substances, etc.]. 10. Notice. All notices required herein shall be in writing and delivered personally, or by certified mail return receipt to the address as shown below and, if mailed, are effective as of the date of mailing: The Church: The City: Eden Prairie Assembly of God Church City of Eden Prairie 16591 Duck Lake Trail Director of Parks and Recreation Eden Prairie, MN 55344 8080 Mitchell Road Attn: Eden Prairie, MN 55344 11. Data Practices. This License is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by the Church in performing any of the functions of the City solely with respect to this License during the term of this License is subject to the requirements of the Data Practice Act and the Church shall comply with those requirements as if it were a government entity, to the extent required by the Data Practices Act. 12. Agreement. The terms of this License Agreement shall inure to and be binding upon the parties and their respective legal representatives, successors, and assigns. This License Agreement embodies the entire understanding of the parties with respect to the subject matter hereof and shall not be amended or modified except in writing signed by the parties. No representations, warranties, undertakings, or promises, whether oral, implied, written, or otherwise, have been made by either party hereto to the other unless expressly stated in this License Agreement or unless mutually agreed to in writing between the parties hereto after the date hereof, and neither party has relied on any verbal representations, agreements, or understandings not expressly set forth herein. This License Agreement shall be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have signed this License Agreement as of the day and year set forth above. 3 EDEN PRAIRIE ASSEMBLY OF GOD CHURCH By: Its: CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager 4 1 uck La e I ral_ Ga 1 ens 16591 Duck Lake Trail Water 33 29 25 21 17 13 9 5 1 Walkway 34 30 26 22 18 14 10 6 2 0 bn a 35 31 27 23 19 15 11 7 3 Walkway 36 32 28 24 20 16 12 8 4 Water All plots are Small 30' x 20' Updated Feb 2015 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 21, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Paul Sticha, Administration, Fire Station 2 Sleeping Quarters for Duty Crew Facilities Requested Action Move to: Award the contract for construction of sleeping quarters for the duty crew in Fire Station 2 to Gardner Builders. Synopsis Base Bid Alternate#1 Diversified Construction $80,257 $3,050 Gardner Builders $56,844 $3,121 RJ Marco Construction $62,505 $3,303 Background Information Fire and Facilities staff completed a study to determine what remodeling was required to provide sleeping quarters for the duty crew within the existing building envelope at Fire Station 2, and DSO Architecture prepared plans and specifications. Three quotes were received and Gardner Builders was the verified low quote. Staff recommends accepting the Base Bid and Alternate#1. Attachment Construction Contract Standard Construction Contract This Contract ("Contract") is made on the 21st day of April, 2015, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Gardner Builders, a Minnesota Corporation (hereinafter "Contractor") whose business address is 527 Marquette Avenue, Suite 1033, Minneapolis, MN 55402. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for the construction of sleeping quarters for the duty crew in Fire Station 2, hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached quote dated April 9, 2015. The terms of this Contract shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by July 31, 2015. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $59,965.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in the attached quote. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in quote, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Contractor's request for final payment shall be accompanied by Contractor's affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager. The Contractor has designated Korey Grant to Manage the Work. He shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. Standard Construction Contract 2015.03 Page 2 of 10 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Standard Construction Contract 2015.03 Page 3 of 10 Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the Standard Construction Contract 2015.03 Page 4 of 10 City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Intentionally Deleted. 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 19. 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: Korey Grant Gardner Builders 527 Marquette Avenue Suite 1033 Minneapolis, MN 55402 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: Paul Sticha City of Eden Prairie 8080 Mitchell Road Standard Construction Contract 2015.03 Page 5 of 10 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. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. Standard Construction Contract 2015.03 Page 6 of 10 e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coveraeges required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified Standard Construction Contract 2015.03 Page 7 of 10 insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Non-Discrimination. During the performance of this Contract, 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 Standard Construction Contract 2015.03 Page 8 of 10 further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. 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. 25. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 26. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 28. Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. Standard Construction Contract 2015.03 Page 9 of 10 30. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 31. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. 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 Contract, 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. 33. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 34. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 35. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 36. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Work to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the Work to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager GARDNER BUILDERS By: Its: Standard Construction Contract 2015.03 Page 10 of 10 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 21, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Paul Schlueter Declare Surplus Equipment Parks/Fleet Services Requested Action Move to: Declare the attached list of property as "surplus property" and dispose through authorized methods. Synopsis The Parks division currently has a 96"Bobcat grader attachment that because of its size and weight is obsolete and no longer used. The city also has a surplus of vertical turbine electric motors from previous well rehabilitation projects. Multiple quotes were received from Express Metals and SEMCO Incorporated to dispose of the motors and are tabulated as follows: Rate Total Express Metals $0.13/pound $1650 SEMCO Inc. Flat Rate $4545 All equipment is disposed of in accordance with City Code 2.86 Subdivision. 3. Disposal of excess property. The sale of used equipment helps fund the purchase of new equipment. Background Information The City of Eden Prairie has an agreement in place with the State of Minnesota, Department of Administration Surplus Services to participate in their regularly scheduled vehicle and equipment auctions. Occasionally depending on the vehicle or equipment, other avenues such as trade-ins for new equipment are used to maximize surplus property returns. These surplus property disposal methods are in compliance with the city's Purchasing Policy and City code. Attachment List of Surplus Property Surplus Equipment Vertical Turbine Motors Manufacturer _ Horsepower _ Serial Number U S Electrical Motor 125 R02P0710383R-1 NRR U S Electrical Motor 125 R03P0710399R-1 NRR U S Electrical Motor 125 R03R0170412R-1 NRR General Electric 75 BVJ217309 General Electric 75 BVJ217310 U S Electrical Motor 75 D10-S334A-H A2 U S Electrical Motor 75 R-B409-00-157 General Electric 100 KJJ1031075 General Electric 75 Unknown Siemens 20 1LA32562YK62 US Electrical 75 R-B409-00-157 Estimated Year Unit Serial No. Equipment Model Sale/Trade-in Make Amount 2012 ACW90054 Bobcat 96" Grader Attachment $5,000 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 21, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 12-5825 ITEM NO.: VIII.F. Leslie Stovring Approve a Grant Award from Hennepin County Engineering/Environmental for the Watercraft Inspection Program Requested Action Move to: Approve a Grant Award from Hennepin County to supplement the Watercraft Inspection Program for$15,000. Synopsis Riley-Purgatory-Bluff Creek Watershed District(RPBCWD)has requested that the City of Eden Prairie continue to provide an aquatic invasive species inspection program. To aid in this effort,the City has received an MS Inspection Grant in the amount of$15,000 from Hennepin County to supplement the program. This will be in addition to reimbursement from the Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) in the amount of$25,000. The remainder will be paid out of the stormwater utility and by the Parks Department in lieu of hiring a parking attendant for Riley Lake Park. Background Information Riley-Purgatory-Bluff Creek Watershed District has requested that the City and continue its Aquatic Invasive Species Prevention Program,which includes watercraft inspections. An inspection program was approved in 2012 by the City Council that targets Riley, Red Rock, Mitchell and Round Lakes. The hope is that implementation of the inspection program will decrease the likelihood that new invasive species will spread in Eden Prairie lakes. To help supplement this program,the City has received a grant from Hennepin County. The grant will cover the following expenses: • Research,develop and install AIS educational signage for Riley,Mitchell and Red Rock Lakes. The signs will be a more visual representation of what to expect for the types of AIS that could potentially be identified, similar in style to other existing signs created for our parks by Barr Engineering. • Remaining funds will be used to hire additional watercraft inspectors for the summer season. The projected start date is May 17, 2015 and the anticipated end date is September 8,2015. The inspectors promote public awareness,education,and community participation in AIS prevention while increasing the early detection and rapid response to the presence of aquatic invasive species. The number of aquatic invasive species found on watercraft will be recorded and compared to previous seasons. The grant will allow the City develop and provide educational signage at three boat landings while increasing the hours of coverage at these lakes. Attachment Grant Agreement Contract No: A152989 PERSONAL/PROFESSIONAL SERVICE AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487 ("COUNTY"), on behalf of the Hennepin County Environment and Energy Department, 701 Fourth Avenue South, Suite 700, Minneapolis, Minnesota, 55415 ("DEPARTMENT"), and (City of Eden Prairie. 8080 Mitchell Rd Eden Prairie, MN 55344 ("GRANTEE"). The parties agree as follows: 1. TERM AND COST OF THE AGREEMENT GRANTEE shall furnish services to COUNTY commencing May 17, 2015 and expiring October 1, 2015 unless cancelled or terminated earlier in accordance with the Default and Cancellation/Termination provisions of this Agreement. Items of cost for which reimbursement is claimed on the Voucher are to be supported by invoices/receipts for payments and will be verified by the DEPARTMENT as practical and reasonable. The DEPARTMENT has the authority to make adjustments to the costs submitted for reimbursement. All necessary supporting documentation can only be submitted to the DEPARTMENT on a monthly basis for reimbursement. The total cost of this Agreement, including all reimbursable expenses, shall not exceed Fifteen Thousand Dollars ($15,000). Reimbursable expenses are limited to those listed in Attachment A. 2. SERVICES TO BE PROVIDED a) The GRANTEE will complete and submit a mid-project report by July 31, 2015 and the final project report by December 31, 2015. Reports must be prepared in accordance with guidelines provided by the COUNTY. b) The GRANTEE will develop and conduct a behavior change evaluation using the evaluation provided by the COUNTY or work closely with COUNTY staff to develop a behavior change evaluation tool for the project and submit the results with the final project report on December 31, 2015. c) The GRANTEE will submit documentation of expenditures with the final project report due December 31, 2015. Documentation of expenditures must be prepared in accordance with guidelines provided by the COUNTY. d) The GRANTEE will complete all project activities by December 31, 2015. e) The GRANTEE shall not retain any monies received in excess of actual project expenses and shall return excess monies to the COUNTY upon termination or cancellation of the Agreement. The project is more fully described in Attachment A, attached and incorporated by this reference. 3. PAYMENT FOR SERVICES Payment for services shall be made directly to GRANTEE after completion of the service, purchase and/or project and upon the presentation of a claim as provided by law governing COUNTY's payment of claims and/or invoices. The GRANTEE shall submit invoices for the specific service, purchase, and/or project related to the implementation of practices. Payment shall be made within forty five (45) days from receipt and approval of the required invoice. 4. INDEPENDENT CONTRACTOR The GRANTEE shall not be considered to be either a temporary or permanent employee of the COUNTY. The GRANTEE acts as an independent contractor and the GRANTEE'S contractor act hereunder as independent contractors and acquires no tenure rights or any rights or benefits of Workers' Compensation, Re-employment Compensation, medical and hospital care, sick and vacation leave, severance pay, retirement benefits, or any other right or benefit offered to COUNTY employees. GRANTEE shall select the means, method, and manner of performing the services. Nothing is intended or should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting GRANTEE as the agent, representative, or employee of the COUNTY for any purpose. GRANTEE is and shall remain an independent GRANTEE for all services performed under this Agreement. GRANTEE shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel of GRANTEE or other persons while engaged in the performance of any work or services required by GRANTEE will have no contractual relationship with the COUNTY and will not be considered employees of the COUNTY. The COUNTY shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law or the Workers' Compensation Act of the State of Minnesota on behalf of any personnel, including, without limitation, claims of discrimination against GRANTEE, its officers, agents, GRANTEEs, or employees. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re- employment Compensation, disability, severance pay, and retirement benefits.. 5. NON-DISCRIMINATION AND AFFIRMATIVE ACTION In accordance with the COUNTY's policies against discrimination, GRANTEE agrees that it shall not exclude any person from full employment rights nor prohibit participation in or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is protected by applicable Federal or State laws against discrimination shall be subjected to discrimination. Form 101(Revised 9/2014) 2 6. INDEMNIFICATION GRANTEE shall defend, indemnify, and hold harmless the COUNTY, its present and former officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of GRANTEE, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of GRANTEE to perform any obligation under this Agreement. For clarification and not limitation, this obligation to defend, indemnify and hold harmless includes but is not limited to any liability, claims or actions resulting directly or indirectly from alleged infringement of any copyright or any property right of another, the employment or alleged employment of GRANTEE personnel, the unlawful disclosure and/or use of protected data, or other noncompliance with the requirements of the Data provisions set forth in the Section below. Nothing in this Agreement constitutes a waiver by the City of any statutory or common law, defenses, immunities, or limits on liability. The obligation of the City of Eden Prairie under this section cannot exceed the amount that the City would be obligated to pay under the provisions and limitations of Minn. Stat. Chap 466. 7. ACCESS FOR INSPECTIONS The GRANTEE agrees to acquire written consent from all GRANTEE recipients that the COUNTY, and any duly authorized representatives of the COUNTY, at a time that is mutually agreed upon by the GRANTEE and the COUNTY, and as often as the COUNTY may reasonably deem necessary, shall have access to and the right to enter the GRANTEE's property, for purposes of inspection of the identified project. 8. INSURANCE A. With respect to the services provided pursuant to this Agreement, GRANTEE shall at all times during the term of this Agreement and beyond such term when so required have and keep in force the following insurance coverages: Limits 1. Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate $2,000,000 Products—Completed Operations Aggregate 2,000,000 Personal and Advertising Injury 1,500,000 Each Occurrence—Combined Bodily Injury and Property Damage 1,500,000 2. Workers' Compensation and Employer's Liability: Workers' Compensation Statutory If GRANTEE is based outside the state of Minnesota, coverage must comply with Minnesota law. In accordance with Minnesota law, if GRANTEE is a sole proprietor, it is Form 101(Revised 9/2014) 3 exempted from the above Workers' Compensation requirements. In the event that GRANTEE should hire employees or subcontract this work, GRANTEE shall obtain the required insurance. Employer's Liability. Bodily injury by: Accident—Each Accident 500,000 Disease—Policy Limit 500,000 Disease—Each Employee 500,000 3. Automobile Liability— Combined single limit each occurrence coverage or the equivalent covering owned, non-owned, and hired automobiles. $1,000,000 B. An umbrella or excess policy over primary liability insurance coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of GRANTEE to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Upon written request, GRANTEE shall promptly submit copies of insurance policies to COUNTY. GRANTEE shall not commence work until it has obtained required insurance and filed with COUNTY a properly executed Certificate of Insurance establishing compliance. The certificate(s) must name Hennepin County as the certificate holder and as an additional insured for the liability coverage(s) for all operations covered under the Agreement. If the certificate form contains a certificate holder notification provision, the certificate shall state that the insurer will endeavor to mail to COUNTY thirty (30) day prior written notice in the event of cancellation/termination of any described policies. If GRANTEE receives notice of cancellation/termination from an insurer, GRANTEE shall fax or email a copy of the notice to COUNTY within two business days. GRANTEE shall furnish to COUNTY updated certificates during the term of this Agreement as insurance policies expire. If GRANTEE fails to furnish proof of insurance coverages, COUNTY may withhold payments and/or pursue any other right or remedy allowed under contract, law, equity, and/or statute. GRANTEE waives all rights against COUNTY, its officials, officers, agents, volunteers, and employees for recovery of damages to the extent that damages are covered by insurance of GRANTEE. 9. DUTY TO NOTIFY GRANTEE shall promptly notify COUNTY of any claim, action, cause of action or litigation brought against GRANTEE, its employees, officers, agents or subcontractors, which arises out of the services contained in this Agreement. GRANTEE shall also notify COUNTY whenever GRANTEE has a reasonable basis for believing that GRANTEE and/or its employees, officers, agents Form 101(Revised 9/2014) 4 or subcontractors, and/or COUNTY, might become the subject of a claim, action, cause of action, criminal arrest, criminal charge or litigation arising out of and/or related to the services contained in this Agreement. 10. DATA CONTRACTOR, its officers, agents, owners, partners, employees, volunteers and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, which may include the Health Insurance Portability and Accountability Act of 1996 (HIPAA). For clarification and not limitation, COUNTY hereby notifies CONTRACTOR that the requirements of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement. CONTRACTOR shall promptly notify COUNTY if CONTRACTOR becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. Classification of data as trade secret data will be determined pursuant to applicable law and, accordingly, merely labeling data as "trade secret" does not necessarily make it protected as such under any applicable law. 11. RECORDS —AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, COUNTY, the State Auditor, or any of their 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 CONTRACTOR and involve transactions relating to this Agreement. CONTRACTOR shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation or termination. 12. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. GRANTEE binds itself, its partners, successors, assigns and legal representatives to COUNTY for all covenants, agreements and obligations contained in the contract documents. B. GRANTEE shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of COUNTY. A consent to assign shall be subject to such conditions and provisions as COUNTY may deem necessary, accomplished by execution of a form prepared by COUNTY and signed by GRANTEE, the assignee and the COUNTY. Permission to assign, however, shall under no circumstances relieve GRANTEE of its liabilities and obligations under the Agreement. 13. MERGER AND MODIFICATION A. The entire Agreement between the parties is contained herein and supersedes all oral agreements and negotiations between the parties relating to the subject Form 101(Revised 9/2014) 5 matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. 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. Except as expressly provided, the substantive legal terms contained in this Agreement including but not limited to Indemnification, Insurance, Merger and Modification, Default and Cancellation/Termination or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. 14. DEFAULT AND CANCELLATION/TERMINATION If GRANTEE fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless GRANTEE's default is excused in writing by COUNTY, COUNTY may upon written notice immediately cancel or terminate this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for COUNTY to delay payment until GRANTEE's compliance. In the event of a decision to withhold payment, COUNTY shall furnish prior written notice to GRANTEE. This Agreement may be canceled with or without cause by either party upon thirty (30) day written notice. If this Agreement expires or is cancelled or terminated, with or without cause, by either party, at any time, GRANTEE shall not be entitled to any payment, fees or other monies except for payments duly invoiced for then delivered In the event GRANTEE has performed work toward a Deliverable that COUNTY has not Accepted at the time of cancellation or termination, GRANTEE hereby expressly acknowledges and agrees that GRANTEE shall not be entitled to any payment for said work including but not limited to incurred costs of performance, termination expenses, profit on the work performed, other costs founded on termination for convenience theories or any other payments, fees, costs or expenses not expressly set forth herein. Upon written notice, COUNTY may immediately suspend or cancel/terminate this Agreement in the event any of the following occur: (i) COUNTY does not obtain anticipated funding from an outside source for this project; (ii)funding for this project from an outside source is withdrawn, frozen, shut-down, is otherwise made unavailable or COUNTY loses the outside funding for any other reason; or (iii) COUNTY determines, in its sole discretion, that funding is, or has become, insufficient. COUNTY is not obligated to pay for any services that are provided after the notice and effective date of the suspension or cancellation/termination. In the event COUNTY suspends, cancels or terminates this Agreement pursuant to this paragraph, COUNTY shall pay any amount due and payable prior to the notice of suspension or cancellation/termination except that COUNTY shall not be obligated to pay any amount as or for penalties, early termination fees, charges, time and materials for services not then performed, costs, expenses or profits on work done. Form 101(Revised 9/2014) 6 15. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: SERVICES TO BE PROVIDED (as to ownership of property); INDEPENDENT CONTRACTOR; INDEMNIFICATION; INSURANCE; DUTY TO NOTIFY; DATA; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 16. CONTRACT ADMINISTRATION In order to coordinate the services of GRANTEE with the activities of the Environment and Energy Department so as to accomplish the purposes of this Agreement, Tony Brough, Hennepin County Senior Environmentalist, or successor ("Contract Administrator"), shall manage this Agreement on behalf of COUNTY and serve as liaison between COUNTY and GRANTEE. Leslie Stovring, Environmental Coordinator (Istovring@edenprairie.org) shall manage the agreement on behalf of GRANTEE. GRANTEE may replace such person but shall immediately give written notice to COUNTY of the name, phone number and email/fax number (if available) of such substitute person and of any other subsequent substitute person. 17. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. GRANTEE shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. B. GRANTEE shall only use these funds only to help prevent the spread of aquatic invasive species. C. GRANTEE certifies that it is not prohibited from doing business with either the federal government or the state of Minnesota as a result of debarment or suspension proceedings. 18. PAPER RECYCLING COUNTY encourages GRANTEE to develop and implement an office paper and newsprint recycling program. 19. NOTICES Unless the parties otherwise agree in writing, any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to COUNTY shall be sent to the County Administrator with a copy to the originating COUNTY department at the address given in the opening paragraph of this Agreement. Notice to GRANTEE shall be sent to the address stated in the opening paragraph of this Agreement or to the address stated in GRANTEE's Form W-9 provided to COUNTY. Form 101(Revised 9/2014) 7 20. CONFLICT OF INTEREST GRANTEE affirms that to the best of GRANTEE's knowledge, GRANTEE's involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. Should any conflict or potential conflict of interest become known to GRANTEE, GRANTEE shall immediately notify COUNTY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and advise COUNTY whether GRANTEE will or will not resign from the other engagement or representation. 21. MEDIA OUTREACH GRANTEE shall not use the term "Hennepin County", or any derivative thereof in GRANTEE's advertising, external facing communication and/or marketing, including but not limited to advertisements of any type or form, promotional ads/literature, client lists and/or any other form of outreach, without the written approval of the Hennepin County Public Affairs/Communications Department, or their designees. 22. MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the state of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 23. COOPERATIVE PURCHASING At the time of this Agreement: 1) Hennepin County is a signature party to the Joint Powers Purchasing Agreement (Agreement No. A131396) (the "JPA"); 2)the Minnesota Counties of Anoka, Carver, Dakota, Olmsted, Ramsey, Scott and Washington are signatories to the JPA ("Cooperative Members"); 3) if agreed upon pursuant to a separate agreement between CONTRACTOR and any Cooperative Member, the JPA allows a Cooperative Member, subject to the terms of the JPA, to purchase the same or substantially similar services based upon terms that are the same or substantially similar to those set forth in this Agreement including but not limited to price/cost; and 4) COUNTY shall have no obligation, liability or responsibility for any order or purchase made under the contract between a Cooperative Member and CONTRACTOR. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK Form 101(Revised 9/2014) 8 COUNTY ADMINISTRATOR AUTHORIZATION Reviewed by the County Attorney's COUNTY OF HENNEPIN Office STATE OF MINNESOTA By: Assistant County Attorney David Hough, County Administrator By: Assistant County Administrator-Public Works Date: Recommended for Approval By: Environment and Energy Department Date: City of Eden Prairie The City of Eden Prairie certifies that the person who executed this agreement is authorized to do so on behalf of the Contractor as required by applicable articles, bylaws, resolutions or ordinances.* Printed Name: Signed: Title: Date: *CITY represents and warrants that the person who executed this contract is authorized to do so pursuant to applicable law and that any other applicable requirements have been met. Form 101(Revised 9/2014) 9 Attachment A Activity 1: Hire additional watercraft inspectors at Red Rock, Mitchell, Round, and Staring Lakes. The City will hire watercraft inspectors who will be required to undergo training and become certified in Level 1 AIS Watercraft Inspection and commit to a consistent schedule to ensure maximum coverage of entering and exiting watercraft. The expected duration of this project will include those months with the highest number of entering and exiting watercraft, with a projected start date of May 17 and end date of September 8, 2015. Additional inspections would occur on weekends in September if inspectors are available. This project will be an expansion of a previous activity; increased funding will allow the City to hire additional inspectors in order to provide more hours of coverage on the lakes. Additional inspectors promote public awareness, education, and community participation in AIS prevention while increasing the early detection and rapid response to the presence of aquatic invasive species. The number of entering and exiting boats will be tracked, and the number of aquatic invasive species found on watercraft will be recorded and compared to previous seasons. Activity 2: Increase AIS signage on display at Eden Prairie lakes. This activity will include research, development and construction of signage for Riley, Red Rock and Mitchell Lakes to promote AIS identification and education. This is particularly important when watercraft inspectors are not present. The signs will be a more visual representation of what to expect for the types of AIS that could potentially be identified, similar in style to other existing signs created for our parks by Barr Engineering. Form 101(Revised 9/2014) 10 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 21, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 15-5893 ITEM NO.: VIII.G. Mary Krause Award Contract for 2015 Street Striping to Public Works/Engineering Sir Lines-A-Lot Requested Action Move to: Award contract for 2015 Striping to Sir Lines-A-Lot in the amount of$90,355. Synopsis Sealed bids were received Thursday, April 9, 2015 for the 2015 Striping project. Five bids were received and are tabulated as follows: Sir Lines-A-Lot $ 90,355.00 Traffic Marking Service, Inc. $ 95,742.50 AAA Striping Service Company $ 99,472.00 Century Fence Company $ 108,947.50 Warning Lites $ 128,325.00 Background Information Street striping is an annual street maintenance project. The budget for 2015 is $90,000 under budget#1714-6337, with the balance of the funding coming from the CIP Pavement Management Fund. Staff recommends award to Sir Lines-A-Lot. Attachment Bid Tabulation 2015 Street Striping Bid Tabulation City Street Striping City of Eden Prairie Project Sir Lines-A-Lot Traffic Marketing Service,Inc.Warning Lites of MN,Inc. AAA Striping Service Co. Century Fence Co. NO DESCRIPTION EST.QTY. UNIT UNIT UNIT I UNIT UNIT UNIT PRICE TOTAL PRICE TOTAL PRICE _ TOTAL PRICE TOTAL PRICE TOTAL_ 1 4"Striping(includes Broken/Solid/Double Solid)- 125,000 L.F. 0.090 $11,250.00 0.06 $7,500.00 0.10 $12,500.00 0.100 $12,500.00 0.105 $13,125.00 Yellow or White Paint-Latex $0.00 $0.00 2 4"Striping(includes Broken/Solid/Double Solid)- 195,000 L.F. 0.200 $39,000.00 0.24 $46,800.00 0.22 $42,900.00 0.200 $39,000.00 0.220 $42,900.00 Yellow or White Epoxy Resin $0.00 $0.00 3 6"Striping-White Epoxy 200 L.F. 2.400 $480.00 2.00 $400.00 1.00 $200.00 3.000- $600.00 3.000 $600.00 4 8"Striping-Paint 1,200 L.F. 0.400 $480.00 1.25 $1,500.00 0.80 $960.00 0.500 $600.00 2.800 $3,360.00 5 8"Striping-Epoxy 1,000 L.F. 1.000 $1,000.00 0.50 $500.00 1.50 $1,500.00 1.000 $1,000.00 0.330 $330.00 6 12"Stop Line-White Paint 100 L.F. 1.200 $120.00 1.00 $100.00 4.00 $400.00 1.250 $125.00 3.000 $300.00 7 12"Stop Line-White Epoxy 500 L.F. 3.000 $1,500.00 3.00 $1,500.00 5.00 $2,500.00 4.800 $2,400.00 4.500 $2,250.00 8 24"Stop Line-White Paint 350 L.F. 2.000 $700.00 2.00 $700.00 8.00 $2,800.00 2.500 $875.00 4.250 $1,487.50 9 24"Stop Line-White Epoxy 700 L.F. 6.000 $4,200.00 5.50 $3,850.00 10.00 $7,000.00 7.810 $5,467.00 5.250 $3,675.00 10 Crosswalk Blocks-White Paint 100 S.F. 1.500 $150.00 1.25 $125.00 4.00 _ $400.00 1.500 $150.00 2.950 $295.00 11 Crosswalk Blocks-White Epoxy 5,550 S.F. 2.900 $16,095.00 2.85 $15,817.50 5.00 $27,750.00 3.600- $19,980.00 3.650 $20,257.50 12 Pavement Message(Arrow)-White Paint 5 EA. 28.000 $140.00 40.00 $200.00 70.00 $350.00 25.000_ $125.00 75.000 $375.00_ 13 Pavement Message(Arrow)-White Epoxy 100 EA. 80.000 $8,000.00 95.00 $9,500.00 119.00 $11,900.00 90.000 $9,000.00 95.000 $9,500.00 14 Pavement Marking Removal 100 L.F. 0.750 $75.00 0.50 $50.00 1.00 $100.00 1.500 $150.00 0.650 $65.00_ 15 R.R.Crossing-White Epoxy 1 EA. 650.000 $650.00 700.00 $700.00 825.00 $825.00 650.000 $650.00 675.000 $675.00 16 Remove Message 100 S.F. 2.500 $250.00 2.00 $200.00 3.00 $300.00 4.000_ $400.00 1.650 $165.00_ 17 12"Crosshatch-Yellow Epoxy 400 L.F. 3.250 $1,300.00 3.00 $1,200.00 5.00 $2,000.00 3.500 $1,400.00 4.500 $1,800.00 18 12"Crosshatch-Yellow Paint-Latex 1,000 L.F. 0.950 $950.00 0.95 $950.00 4.60 $4,600.00 1.000 $1,000.00 3.000 $3,000.00_ 19 24"Crosshatch-Yellow Epoxy 750 L.F. 4.900 $3,675.00 5.00 $3,750.00 10.00 $7,500.00 5.000 $3,750.00 5.250 $3,937.50 20 24"Crosshatch-Yellow Paint-Latex 200 L.F. 1.700 $340.00 2.00 $400.00 9.20 $1,840.00 1.500 $300.00 4.250 $850.00 TOTAL BASE BID $90,355.00 $95,742.50 $128,325.00 $99,472.00 $108,947.50 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 21, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Public Works/Engineering Adopt the Resolution Revoking Randy Newton Municipal State Aid Streets Requested Action Move to: Adopt Resolution Revoking Municipal State Aid Street Designations Synopsis Based on the criteria established for Municipal State Aid Street(MSAS) designations, the City qualifies for a maximum MSAS mileage designation of 46.56 miles for 2014. The requested revocation of Riverview Road, Twin Lakes Crossing and Indian Chief Road has received preliminary approval from MN/DOT and will add another 3.46 available miles for a total of 5.08 available MSAS miles. Background Information Due to recent changes in the rules regarding State Aid funding allocation and with the new local roadway connections developed with the completion of the TH169/I-494 Interchange project, staff has reviewed the City's State Aid designations and recommends several revocations and new designations to the City State Aid system to best meet the future needs of the City. The revocation of Riverview Road, Twin Lakes Crossing and Indian Chief Road will increase the City's available miles to a total of 5.08. This mileage will then be used to designate Valley View Road, Technology Drive, City West Parkway, Columbine Road, Singletree Lane, Viking Drive and Washington Avenue to increase our MSAS mileage to 46.40 miles out of a possible 46.56. These roadways are designated as a separate item on this City Council Agenda. Attachments • Resolution • Eden Prairie MSAS Route Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- A RESOLUTION REVOKING MUNICIPAL STATE AID STREETS WHEREAS, it appears to the City Council of the City of Eden Prairie that the streets hereinafter described are Municipal State Aid Streets under the provisions of Minnesota Law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that the roads described as follows, to-wit: • Riverview Road (part of MSAS 115) — from Flying Cloud Drive (CSAH 61) to Homeward Hills Road(MSAS 117) • Twin Lakes Crossing (MSAS 124) — from Staring Lake Parkway (MSAS 116) to Mitchell Road(MSAS 104) • Indian Chief Road (MSAS 126) — from Edenvale Boulevard (MSAS 122) to CSAH 62 Be, and hereby are revoked as Municipal State Aid Streets of the City of Eden Prairie, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for consideration. ADOPTED by the Eden Prairie City Council on April 21, 2015. Nancy Tyra-Lukens, Mayor ATTEST SEAL Kathleen Porta, City Clerk City of Eden Prairie Municipal State Aid Streets #r lit • itik il— o£ 7 c7 ' I 19 �`ay lit4i, i)1 It *ilzeg: 11 •VckL¢k. , Bry¢n.tL¢ke I■ ,ciac.W.- I .� 74 ; '3- AILg ��ev Frew Road AM+ a:'444 . ,,,wao01411.1* 4 , "1if l'FIP 0, :eat -77- _.315-2„7\,41___, - "-,1*,4,4 r I —1� �� . r Nra�� Mv'tchell rC 40 g W„S Sinieee Lane 'T � ilE we 0/ "'Mwm„„gaLmil ‘ 1111 ° 174 - &---.434- go L i � m� ��16 ,0 7 iliiir, ft a , '111�t�� Rd . e Z,Volf %,-- .K �f derson Lake fel 4 sie 16, $MLE1i StgLkelatillk r: ! IL lif ! = /O. wallTii L....14# I Ati. I ' 64.7. Sty WIWI r4r air- -,___ Bo al -4ij 6e it- .„pi ( `�lli ram" - 1 it wi ilt Ill —11111 moan4.1wit I\ RNen,'oW � Road Ali3 \ Grass Lake . Orr 4444 P , s‘ 1 1 , -` I N Legend AExisting State Aid Designations Proposed State Aid Designations EDEN Proposed State Aid Revocations PRAIRIE ur[•wonr-oRequ April 10,2015 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 21, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Public Works/Engineering Adopt the Resolution Establishing Randy Newton Municipal State Aid Streets Requested Action Move to: Adopt Resolution establishing Municipal State Aid Streets. Synopsis Based on the criteria established for Municipal State Aid Street(MSAS) designations, the City qualifies for a maximum MSAS mileage designation of 46.56 miles. The requested designation of Valley View Road, Technology Drive, City West Parkway, Columbine Road, Singletree Lane, Viking Drive and Washington Avenue has received preliminary approval from MN/DOT and will add 4.92 miles of municipal state aid streets to our system increasing the City's MSAS mileage designation to 46.40 miles. Background Information Annually, Cities in Minnesota with populations in excess of 5,000 are required by Minnesota Statutes to provide information concerning their overall and municipal State Aid Street system to the Commissioner of Transportation. Necessary information includes street mileage, construction needs and population of the municipality. Based on the municipal street mileage, each City is entitled to designate 20% of its mileage as Municipal State Aid Streets (MSAS). In addition, Minnesota Trunk Highways whose jurisdiction has turned over to a municipality since July 1, 1965 and County Highway turnbacks since May 11, 1994 may also be included. State Aid funds are derived primarily from gas tax receipts and are distributed to municipalities based on population and construction needs for the designated MSAS streets. Due to recent changes in the rules regarding State Aid funding allocation and with the new local roadway connections developed with the completion of the TH169/I-494 Interchange project, staff has reviewed the City's State Aid designations and recommends several new designations and revocations to the City Sate Aid system to best meet the future needs of the City. The additional designation of Valley View Road, Technology Drive, City West Parkway, Columbine Road, Singletree Lane, Viking Drive and Washington Avenue will increase our MSAS mileage to 46.40 miles out of a possible 46.56. This mileage does not include 3.46 miles of Twin Lakes Crossing, Indian Chief Road and a portion of Riverview Road that is revoked as a separate item on this City Council Agenda. Attachments • Resolution • Eden Prairie MSAS Route Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2015- A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS WHEREAS, it appears to the City Council of the City of Eden Prairie that the streets hereinafter described should be designated Municipal State Aid Streets under the provisions of Minnesota Law; and WHEREAS, the designated streets meet the criteria for inclusion in the Municipal State Aid Street System. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that the roads described as follows,to-wit: • Valley View Road—from Shady Oak Road(MSAS 106)to Washington Avenue • Technology Drive — from Mitchell Road (MSAS 104) to Prairie Center Drive (MSAS 111) • City West Parkway—from Shady Oak Road(CSAH 61)to Shady Oak Road(CSAH 61) • Columbine Road— from Anderson Lakes Parkway (MSAS 107) to Prairie Center Drive (MSAS 111) • Singletree Lane—from Prairie Center Drive (MSAS 111) to Flying Cloud Drive (CSAH 61) • Viking Drive—from Prairie Center Drive (MSAS 101)to Washington Avenue • Washington Avenue—from Viking Drive to Valley View Road Be, and hereby are established, located, and designated as Municipal State Aid Streets of the City of Eden Prairie, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for consideration, and that upon approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Eden Prairie to be numbered and known as Municipal State Aid Street(MSAS): Extension of MSAS 123 - Valley View Road Extension of MSAS 128 - Technology Drive MSAS 134 - City West Parkway MSAS 135 - Columbine Road MSAS 136 - Singletree Lane MSAS 137 - Viking Drive MSAS 139 - Washington Avenue ADOPTED by the Eden Prairie City Council on April 21, 2015. Nancy Tyra-Lukens,Mayor ATTEST SEAL Kathleen Porta, City Clerk City of Eden Prairie Municipal State Aid Streets #r lit • itik il— o£ 7 c7 ' I 19 �`ay lit4i, i)1 It *ilzeg: 11 •VckL¢k. , Bry¢n.tL¢ke I■ ,ciac.W.- I .� 74 ; '3- AILg ��ev Frew Road AM+ a:'444 . ,,,wao01411.1* 4 , "1if l'FIP 0, :eat -77- _.315-2„7\,41___, - "-,1*,4,4 r I —1� �� . r Nra�� Mv'tchell rC 40 g W„S Sinieee Lane 'T � ilE we 0/ "'Mwm„„gaLmil ‘ 1111 ° 174 - &---.434- go L i � m� ��16 ,0 7 iliiir, ft a , '111�t�� Rd . e Z,Volf %,-- .K �f derson Lake fel 4 sie 16, $MLE1i StgLkelatillk r: ! IL lif ! = /O. wallTii L....14# I Ati. I ' 64.7. Sty WIWI r4r air- -,___ Bo al -4ij 6e it- .„pi ( `�lli ram" - 1 it wi ilt Ill —11111 moan4.1wit I\ RNen,'oW � Road Ali3 \ Grass Lake . Orr 4444 P , s‘ 1 1 , -` I N Legend AExisting State Aid Designations Proposed State Aid Designations EDEN Proposed State Aid Revocations PRAIRIE ur[•wonr-oRequ April 10,2015 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 21, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 11-5793 ITEM NO.: VIII. J. Public Works/Engineering Approve Maintenance Agreement for the Robert Ellis Stormwater Facility at 14150 Pioneer Trail Requested Action Move to: Approve maintenance agreement for the stormwater facility at 14150 Pioneer Trail. Synopsis As per the Cooperative Agreement with Hennepin County, the City of Eden Prairie has maintenance responsibility for the stormwater facility at 14150 Pioneer Trail. Due to the stormwater facility being modified by the owners of Green Acres, the Riley-Purgatory-Bluff Creek Watershed District is requiring an agreement outlining maintenance and reporting requirements for the new facility. This agreement must be executed as a condition of the Watershed District permit for the stormwater facility's construction. Background Information Hennepin County built the stormwater facility as part of the Pioneer Trail reconstruction project. Once completed, the City of Eden Prairie assumed maintenance responsibility. The facility will be modified by the owners of Green Acres to accommodate more parking on-site. Once completed, the City will once again reassume maintenance responsibility. Attachment Maintenance Agreement MAINTENANCE AGREEMENT Between the Riley-Purgatory-Bluff Creek Watershed District and City of Eden Prairie This Maintenance Agreement (Agreement) is made by and between the Riley- Purgatory-Bluff Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes chapters 1 03B and 1 03D (RPBCWD), and City of Eden Prairie, a body corporate and politic of the State of Minnesota (City). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes section 1 03D.345, the RPBCWD has adopted and implements the Stormwater Management Rule; WHEREAS under the Stormwater Management Rule, certain land development activity triggers the requirement that the landowner record a declaration establishing the landowner's perpetual obligation to inspect and maintain stormwater-management facilities; WHEREAS in each case, a public landowner, as an alternative to a recorded instrument, may meet the maintenance requirement by documenting its obligations in an unrecorded written agreement with the RPBCWD; WHEREAS in accordance with the RPBCWD rules, the RPBCWD Board of Managers approved permit 201 5-006 on March 4, 201 5, on condition that the applicant property owner record a declaration assuming a perpetual obligation to maintain stormwater facilities to be built to fulfill, in part, the requirements of RPBCWD permit 201 5-006; WHEREAS City wishes to assume responsibility for the maintenance of the stormwater facility to be built to fulfill, in part, the requirements of RPBCWD permit 201 5-006, as shown in Exhibit A, attached to and incorporated into this Agreement, and the RPBCWD has modified the stormwater-maintenance condition of permit 201 5- 006 accordingly; and WHEREAS City and the RPBCWD execute this Agreement to fulfill the condition of permit no. 201 5-006, and concur that it is binding and rests on mutual valuable consideration. 1 THEREFORE City and RPBCWD agree as follows that City, at its cost, will inspect and maintain the stormwater facilities as shown in the site plan attached to and incorporated into this Agreement as Exhibit A in perpetuity as follows: 1 . STORMWATER FACILITIES a. Stormwater retention and treatment basin(s). Stormwater retention and treatment basin(s) must be inspected at least once a year for the first two years after the project is completed and once every five years thereafter to determine if the basin's retention and treatment characteristics are adequate and continue to perform per design. Culverts and outfall structures must be kept clear of any obstructions or sediment accumulation. Sediment accumulation must be measured by a method accurate to within one vertical foot. A storage treatment basin will be considered inadequate if sediment has decreased the wet storage volume by 50 percent of its original design volume. Based on this inspection, if the stormwater basin(s) is identified for sediment cleanout, the basin(s) will be restored to its original design contours and vegetation in disturbed areas restored within one year of the inspection date. b. Raingardens, infiltration basins and filtration basins. Raingardens, infiltration basins and filtration basins will be inspected annually for the first two years after the project is completed and once every five years thereafter to ensure continued live storage capacity at or above the design volume. Invasive vegetation, excess sediment and debris will be removed as needed and healthy plant growth will be maintained to ensure that the facilities continue to perform per design. c. Grit chambers, sump catch basins and sump manholes. Grit chambers, sump catch basins and sump manholes will be inspected in the at least annually. All sediment and debris will be removed as needed such that the stormwater facilities operate as designed and permitted. 2. Reporting. City will submit to the RPBCWD annually a brief written report that describes stormwater facility maintenance activities performed under this declaration, including dates, locations of inspections and the maintenance activities performed. 3. Property Rights. City represents and warrants that is possesses all rights necessary to legally access and use the property shown in Exhibit A to fulfill its obligations 2 under this Agreement. In the event that City becomes divested of the rights necessary to fulfill the terms of this Agreement, City will effect transfer of its obligations to a party with all rights necessary to maintain the facilities shown in Exhibit A in accordance with the terms of this agreement, subject to the approval of RPBCWD. 4. Amendment. This Agreement may be amended only in a writing signed by the parties. 5. Authority to Contract. The person executing this Agreement on behalf of City represents that he is duly authorized to execute this Agreement on behalf of City and represents and warrants that this Agreement is a legal, valid and binding obligation enforceable according to its terms. 6. The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT By Date: Claire Bleser Administrator City of Eden Prairie By: Date: Its Mayor By: Date: Its Administrator 3 Exhibit A Site Plan and Stormwater Facilities 4 02014 Westwood Professional Services,Inc Call 48 Hours before digging: 811 or cai1811.com Common Ground Alliance Grading Notes Erosion Control Notes -�pD�.I�SCHARGE-POINT:`' ,� .�� ' 'i_%'"::.1-- _-�- �7:'• "i�. ` '..II'•`" - _.W+iY1__,c'W 1 -6^ ,.a:_�:, _ _ ,- r - • _.1 - - ""- Z / - � 1. LOCATIONS AND ELEVATIONS OF EXISTING TOPOGRAPHY AND LI 1. SILT FENCE WILL BE INSTALLED AROUND SITE IN ALL FILL AREAS AND r1 � 1 SHOWN ON THIS PLAN ARE APPROXIMATE. CONTRACTOR SHALL FIELD VERIFY '�a ' '�'- &� • --' - , v-�;„•.'- LOCATIONS WHERE STORM WATER RUNOFF MAY LEAVE THE SITE,PRIOR TO ANY SITE CONDITIONS AND UTILITY LOCATIONS PRIOR TO EXCAVATION/CONSTRUCTION. EXCAVATION CONSTRUCTION ACRVIREs• "-_,,e,.� - ____ ., F THE ENGINEER SHALL BE NOTIFIED IMMEDIATELY IF ANY DISCREPANCIES ARE ,..- •" _T s'1" •�` :-:_"=-�Lfi" -_..- -__` - _ _ CONSTRUCTION ENTRANCE WILL BE INSTALLED AT ALL CONSTRUCTION 71 J .4r„.` as �--trw-3-E_`s- ` -__- _ I' -;/, -��- �1 /'' FOUND. 2. ROCK CONSTR r1c = 1'"` _ ENTRANCES, { •-- ` �•�".,,, -- ;;;i `t a\ �' - _ 2. ALL EXCAVATION SHALL BE IN ACCORDANCE N1TH THE CURRENT EDITION OF ADJUST EASING RIP-•RAA'" �-rr : -- ,.ti•, "�'1 _' _.-- - --- \\ 1"--...e�' ' 'STANDARD SPECIFICATIONS FOR TRENCH EXCAVATION AND BACKFlLL/SURFACE 3• SILTATION AND EROSION COMM: THE CONTRACTOR SHALL ASSUME COMPLETE AT EMERGENCY OVERFLOW I`A,- - _• 891 I \ --i - RESPONSIBILITY FOR CONTROWNG ALL SILTATION AND EROSION OF THE �� • �' } .. RESTORATION'AS PREPARED BY THE CITY ENGINEERS ASSOCIATION OF '`• `---*""'"g90--- _ I Y MINNESOTA TO CONTROL AREA, THE CONTRACTOR SHALL USE WHATEVER MEANS NECESSARY TO ACCOMMODATE NEW- 889 ;�•.` 888. ... - _ l' ON AND TION ENT INCLUDING BUT NOT LIMITED CATCH GRADES(ELE).=.89250). ,�' I ��'� ''� .0, `- 887 -; w' - -.- TO CONTROL THE EROSION N � SST-1• 886 �-.,..r�••'�-- - - .•. - BASIN INSERTS,ROCK CONSTRUCTION ENTRANCES, EROSION CONTROL BLANKET, �,r-� • 885. 5T0T'-� �t - 3. ALL DISTURBED UNPAVED AREAS ARE TO RECEIVE AT LEAST 51%INCHES OFAND SILT_F 1 • 883 �"884 --•" --' ./� - - TOPSOIL AND SEED.THESE AREAS SHALL BE WATERED UNTIL A HEALTHY STAND THROUGHOUT THE PROCE JECT SHALL COMMENCE WITH GRADING AND CONTINUE �" UNTIL ACCEPTANCE OF THE WORK BY THE OWNER. - ty''�-'y U� --- : +"� F ! "" OF GRASS IS OBTAINED, SEE LANDSCAPE PLAN FOR PLANTING AND TURF THE CONTRACTOR'S RESPONSIBIUTY INCLUDES ALL IMPLEMENTATION AS j ~'--� ESTABLISHMENT. TOPSOIL MATERIAL SHALL BE 75%GRANULAR AND 25.5 \ _ - a°Z---- bl�-j REQUIRED TO PREVENT EROSION AND THE DEPOSITING OF SILT. THE OWNER _ _ - ' _ _ - '-" --C COMPOST A A ` \ r !--- -y - --e°r _ L ,r" MATERIAL L,BLENDED BY VOLUME MEETING THE ORIGINAL COUNTY �` �-- / -L'- --- --- -- -- -- - ---`ae�--- ° •Sl4N�C�ON7ROC�- -- -- }' --L: t` SPECIFICATIONS MAY DIRECT THE CONTRACTOR'S METHODS T1 DEEMED FIT TO PROTECT J BL .EL{TYP�_-- ---- - {Y+j I ` ' / PROPERTY AND IMPROVEMENTS. ANY DEPOSITION OF SILT OR MUD ON NEW OR �/ ,< JiOP-OSED-TREATMENT-BASI11 ass _ _. .y,1t; \ / i` \ \� \ / • r } - �'�_"- -- - _-_ __---- - ,.� m -7 9 i-a ,-r �. 4. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING EXISTING PAVEMENT OR IN EXISTING STORM SEWERS OR SWALES SHALL BE �. _ lO0-i1 HW1,B90:12.(ATLAS V4- a1 r" tREMOVED AFTER EACH RAIN AFFECTED AREAS SHALL BE CLEANED TO THE -1% i/ ` EXISTINO.IQD==T7LHWL 890.26 t - -- -- -- - , : m I r �' °i!�_ TRAFFIC CONTROL DENCES SUCH AS BARRICADES, WARNING SONS,DIRECTIONAL 'i/ '" - '" '.�"""'• / m Ii:=_-.-� ''i r SIGNS,FLAGMEN AND LIGHTS TO CONTROL THE MOVEMENT OF TRAFFIC WHERE SATISFACTION OF THE OWNER,ALL AT THE EXPENSE OF THE CONTRACTOR. ALL r � eo o -B2. o i i' / ��"`' ��-. TT M 8 00 : 5T-3 ..y"r.•. �,,,,,r• .a TEMPORARY EROSION CONTROL SHALL BE REMOVED BY THE CONTRACTOR \\a _ +g05 r I ``��jtt.. s --c,. \ • NECESSARY. PLACEMENT OF THESE DEVICES SHALL BE APPROVED BY THE 11 i j l� /r '/ -�\ O� w.< `3 Yp ( ENGINEER PRIOR TO PLACEMENT, TRAFFIC CONTROL DEVICES SHALL CONFORM AFTER THE TURF IS ESTABLISHED. '1 r r :� �\ 1 \y - fir^ _ g89 09 +' Y n TO APPROPRIATE MNDOT STANDARDS -r. �t,�1 j ''c"C?,-. ,5 r v .... ... 00 = %'_ `, `�4 4. CONTRACTOR SHALL INSTALL TEMPORARY INLET PROTECTION(WIMCO OR / f AGE+ •ASsilti to-48 TL WITH \°P. .r B B i.'/o,?r: --g9- ' - .b9 �' � J ,( 5. ALL SLOPES SHALL BE GRADED TO 3:1 OR FATTER, UNLESS OTHERWISEEQUIVALENT)AROUND ALL CATCH BASIN GRATE INLETS,AFFECTED BY THIS `•; MNDOI? E t4 QEQ7fSCTILE FABRIC 88 q�( '-�89J. ^4j/ / INDICATED ON THIS SHEET. CONSTRUCTION, ‘1. J{T FO{it�AY 01/E FI.O,W CHANNEL. •".,/ :.' ,+�'�" .� 8 89 6g��_ _ I Mpg '�.r :_ tHOTPli.ELEVATION,q 491.00'. '� "B9p + �� ` "�u' � 6, CONTRACTOR SHALL UNIFORMLY GRADE AREAS WITHIN 11MIT5 OF GRADING AND 5.ALL DISTURBED AREAS SHALL HAVE TEMPORARY PROTECTION OR PERMANENT _I I1gjE USE EXISTING R{P=RAP FROM s - f 891.00 T,,-- x IF DEWATERING'IS ,�/: PROVIDE A SMOOTH FINISHED SURFACE N1TH UNIFORM SLOPES BETWEEN POINTS COVER OVER EXPOSED SOIL AREAS IF NOT BEING ACTIVELY GRADED WITHIN i-IPREyIOU$`OVEEi W CFIeNNEI. t ;/ E.O.F. 9 - �J €'_sa.__i <`P�"'NEEDED;-USE_AFLOATING WHERE ELEVATIONS ARE SHOWN OR BETWEDI SUCH POINTS AND EXISTING SEVEN(7)DAYS, 1 t('ill`'I-L� � e91. 92 / ! - PUMP AND ENERGY ' I GRADES. ' 1 1 t I 1 0' 1 j /:,,,,,.4.,:, v DISSIPATION AT THE•, 6.FOR AREAS WITH SLOPE OF 3:1 OR GREATER,RESTORATION WITH SOD OR '? t t tt,.•� s- __ r -i 08..' + r / • 55. DISCHARGE. r` 7. SPOT ELEVATIONS SHOWN INDICATE FINISHED PAVEMENT ELEVATIONS&GUTTER WOOD FIBER BLANKET IS REQUIRED. INSTAL\24 R APRON AND, • r as. _ + i •/ \ I � e°i•. - .a �- FLOW UNE UNLESS. OTHERWISE NOTED. PROPOSED CONTOURS ARE TO FINISHED u1' I iEXTES'\" RANDOMTD-- RAP '' •„%IL+ - yt `/ 1 7 MAINTENANCE ACCESS�'^'--,� I SURFACE GRADE. 7. PUBLIC STREETS USED FOR HAULING SHALL BE KEPT FREE OF SOIL AND I' EXTEN RI� RAP•-TO'30 "-= 'V f11 ro m • +fret + 'r r r 1 FOR VEHICLES---AND '•"*-3�9 DEBRIS.STREET SWEEPING SHALL BE COMPLETED DAILY. // Z, \ r , ro es • s y l r �}a I -za • �`,"a' �' r 7' / i B. SEE SOILS REPORT FOR PAVEMENT THICKNESSES AND HOLD DOWNS, ti 6EYOND ENp dF.APRON w v a OTH EQUIPMENT. I --7 INSTALL TRASTi GUARD AT FES z r• -,q ell ,,! ' ,r •-' j -e�.'• �.. > �•a�fv tV ri,J}a .�P>F M1 Sr' i / PER.EDENt PRAIRIE-OE 4 S 11. / 7 / = 9. CONTRACTOR SHALL DISPOSE OF ANY EXCESS SOIL MATERIAL THAT EXISTS \ ;,a.,`\\ J ,� d cc ;,W m ...7- fit ` , ._ r EXISTING BUILDING AFTER THE SITE GRADING AND UTILITY CONSTRUCTION IS COMPLETED. THE �^n 1 ) ./ /�� ',+ �.r \ t / FFE=B9g.54 CONTRACTOR SHALL DISPOSE OF ALL EXCESS SOIL MATERIAL IN A MANNER I / / i� CONTRACTOR TQs PROND . 1 // / ----•-...r J(g�' - _ t ,r�, ' ACCEPTABLE TO THE OWNER AND THE REGULATING AGENCIES. ^' J ///� / _--.`_ -. (it'^'` - let<N J ;F .I` TEMPORARY PIPING,AS'+{lECESSARY/ / Grading Legend t r r j{j /',/- 1� ,-` r t., ' L - I J 1•rI J TO ENSURE INFlLIRA�7ION BAS{NS'-/ 70.ALL CONSTRUCTION SHALL CONFORM TO LOCAL,STATE AND FEDERAL RULES AIAIHTENA�CE/ACCESS' 3T _ ' 4.------. E PERFORM DURING CONSTRUCTION.. 1 ' 1 OR V$Fi(CLES AN UI'>- � S.a = / J r l 'ft `-. 'f / INCLUDING THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM(NPDES) J OTHER itcLEs EN P \a� r= '1 ' *" ';/r ,i� tj.... -.J PERMIT REQUIREMENTS. FXISTINf: PROPOsm I ! / ��-r- -' is�,.� f. 11.PRIOR TO PLACEMENT OF ANY STRUCTURE OR PAVEMENT, A PROOF ROLL,AT PROPERTY LINE i 1 ' t !`+ F w_� 0 y ? (P MINIMUM, WILL BE REWIRED ON THE SUBGRADE. PROOF ROLLING SHALL BE EASEMENT LINE l 1 T?I , ro .a �' i ACCOMPLISHED BY MAKING MINIMUM OF 2 COMPLETE PASSES WITH 0 �98 // I t 1 T �:`,��..,< ' . `-� m m�.: !m :`-�, \ ,1.,._. /" i C) 0_ INDEX CONTOUR J 1 ,\�� \ .4`. m ro' /ti FULLY-LOADED TANDEM-AXLE DUMP TRUCK,OR APPROVED EQUAL,IN EACH OF PROP(}SEO PRE 1REATMENT FOREBAY 1 Z \ ss �� ` `-- '/ 2 PERPENDICULAR DIRECTIONS WHILE UNDER SUPERVISION AND DIRECTION OFTHE --9R INTERVAL CONTOUR `��(�• too-R-H Wt $92.09(ATEAS 14) Bee ro a, /''•j ' y / ��\ •�� -.. BOTTOM-8845 ;. 1- -""' - / •J ` `0 / I / 4: /' EXCAVATED NAND RECOMPACTEDDENT TESTING OASTSPECFIED HEORY.AREAS REIN. SHALL BE - CURB AND GUTTER \\• ▪ .CONTRACTOR PTO-KEEP ALL. - -.,.,� - - •� - _ 8 d �'- 1` ' ` HEAVY-DUTY SILT E OIPM -.I • - r .-,_`..__,F 9> Cl �;�, Cl 12.EMBANKMENT MATERIAL PLACED BENEATH BUILDINGS AND STREET OR PARKING A=�x,,7 FENCE -,, `'�. ) Q ENT NSiO 'DISTURBED"'�'-:,^-,`:-� .� r,.... � t P •; O ,r , 3- _ /1 \ ,! AREASTHSHALL BE COMPACTED IN ACCORDANCE05.3F1AN PATH THE SPECIFIED THE .,�; ��.. AREA. NO-EQUIPMENT.SHOULD -' -•.,_:� ^- r �._.. _ ��\r �' t.:A ' ,�---• .% X - ��I ��_�•.. `\ \ r{µ 3 / METHOD OUTLINED IN MNDOT 2105.3F7 AND THE REQUIREMENTS OF THE BE USED OUTSIDE�5ILT-E�NCE...''-._.. -.. _ µ� , 1 ��. !�, t (` -.\ _ >� '- / II •j `! A`� GEOTECHNICAL ENGINEER. ( ) ® SECTION TH RIPRA P) END s N N1 AP , l�...' •I_ s;� t.'(1. rv, WATER MAIN i = ,»'''_:=„ _ ''-� '� }, n♦e x l 9g,g0 -1 1- >` ,,`f- RPZ UNE 13,EMBANKMENT MATERIAL NOT PLACED IN THE BUILDING PAD,STREETS OR �;a,_, - � ><{. _ __ P �t, �? i��j/ t.r� t`�) PARKING AREA, SHALL BE COMPACTED IN ACCORDANCE WITH REQUIREMENTS OF ---,, - SANITARY SEWER � l� '".`' �. ,,,( J° --,�'--, F ( 1 �� THE ORDINARY COMPACTION METHOD As OUTLINED IN MNDOT 2105.3F2. ROCK CONSTRUCTION ENTRANCE Jam, i diLA RCP APROJJ AND' �___ �' ` '�" 6" 1 EROSION'� `>-� ^^.m, CL':A$S,lI1 ANbOA4(iIR 2AP �r, - �:-,�,:L�..� cr��, S- ��;_I u ,� {i\e •, n 't• 14,ALL SOILS AND MATERIALS TESTING SHALL BE COMPLETED BY AN INDEPENDENT �_e-'`7 0 ION CONTROL BLANKET r �1`,�-„/ -=EXTEND RIP ijAF-IOC'4BEYON(3 `r -� �ik 3 _ e-_� �j ,i// / V J \Jf •„ GEOTECHNICAL ENGINEER, EXCAVATION FOR THE PURPOSE OF REMOVING ° r / END OF APRON 7f15TAl.(,T77ASki's- "'� �"'-� 89 UNSTABLE OR UNSUITABLE SOILS SHALL BE COMPLETED AS REQUIRED BY THE a'1�'" x81'00 SPOT ELEVATION „\ ,.. /- 7DUARD AT FES�4R n, ` -`-- -_ ; - r/ ;t r{ .;' ``// j GEOTECHNICAL ENGINEER.NE ENGINEER SHALL BE RESPONSIBLE FOR •r' 'lR E.O.F. = PRAIRIE DETAIL -ti �"�� ' ;{ COORDINATING ALL REQUIRED SOILS TESTS AND INSPECTIONS WITH THE 1 EMERGENCY OVERFLOW \' ./ r• ..,`.- r , '' 'Pg 9 e0 i / '; GEOTECHNICAL ENGINEER. 85.00 fJg » \\ /';. ,ram-=`.. �``•1 a 'i s�\ % .'J " _ O INLET PROTECTION -_. A x '.- '<, "�,. t j ' 15.SEE GEOTECIINICAL REPORT COMPLETED BY BRAUN INTERTEC CORPORATION.ALL O '�. \� 7f '»:a; -: -" ',',;._, e \. '-:- -.' •s•-' F ({ s �\\ RECOMMENDATIONS AND METHODS REFEREED TO IN THE REPORT MUST BE Q,m-19 SOIL BORING LOCATION / JT "", ''�• r •�.\.- ••'•' ADHERED TO.BRAUN MUST BE ON-SITE TO PROVIDE INSPECTIONS AND /Q= U \ da1'`A�-: ', �.. 1 `1 -•3..,ia, / OBSERVATIONS / / General Note � � i / i _ � ry� 13. r` ."• j L i e Infiltration Basin Note 3 ,. ....71 , E y"�a� ›_. i 4----•,.... j''•I • ® 1 (SILT TYP, VICE ACTIVITIES/EQUIPMENT S/EQUPMENT CONTRACTOR SHALL MONLIT YI TO ��: <t" °-4 y ••o-'t ) AREAS BEING RECONFIGURED. SILT 1. CONTRACTOR TO GRADE AND STABILIZE SOILS AS SOON AS FEASIBLE `x- < r `i `w / '- '^^ "'\ , ,E - - FENCE SHOULD BE INSTALLED AROUND r 3 i"'.:,.u•`".... ,i + �`'``"' •y A THAT ARE NOT TO BE CONTRACTOR TO LIMIT DURATION OF EXPOSURE ANO CONSTRUCTION WITHIN AREAS 2. `\ '�r�`}, .>{„Z ,\ 4',... „/ J I \ \ ROCK DISTURBED. BASIN, CONTRACTOR TO PROTECT NATURAL TOPOGRAPHY ANO SOIL "�.,, '` - - '1 ,` _ \CONSTRUCTION CONDITIONS,INCLUDING RETENTION ONSITE OF NATIVE TOPSOIL TO THE ^»-, �3.r'Iy ""�--= i '-""`=§„h TENTRANCE GREATEST EXTENT POSSIBLE `\ c j / I -e,o - I J "`,.r ,`'• a`-'• '° ``"`� s N _ 3. IMMEDIATELY PRIOR TO SEED AND BLANKET-CONTRACTOR TO DECOMPACT §" r r`�,• �' `` . BASIN IN ALL AREAS OF THE INFILTRATION BASIN DISTURBED.DECOMPACTION x,'-,- \ �'- - • I- ``�`- SHALL BE TO A DEPTH OF 18 INCHES WHILE TAKING CARE TO AVOID UTILITIES, • n 1 ; ``• t\ ,x `' ' `° q - TREE ROOTS ANO OTHER EXISTING VEGETATION PRIOR TO FINAL STABIUZATION } / :,> - I \�• r rt / �, „x `t'. r r�""'--»�,-\�` 4.REMOVE EXCESS SEDIMENT IN INFILTRATION BASIN �\ l 41 1 1 �� s <z'', `"•.1 sw,y - \ .'',�• '^r=t ✓ 5. CONTRACTOR TO STAY WITHIN THE SILT FENCE AREA MTH EQUIPMENT AND TO INLET MINIMIZE THE AREA OF DISTURBANCE OF THE EXISTING BASINS ! \ _ '4..,y.. " / • otif PROTECTION /1 `1:,. ; _ \ ' \ -- -- -` 2 ` ) - _ - 6.INFILTRATION TESTS MUST BE COMPLETE ONCE CONSTRUCTION OF THE BASINS 7 ,..,`, v._ ._.. '`_ 1 (TIP. / ' ``�,:. 9• 1- ^*. / f Is COMPLETE.POST INFILTRATION RATES MUST MEET OR EXCEED THE EXISTING / /c --' J / `s,1 .}''`! �+.n 1..... INFILTRATION RATES h / \I _� - ,a�/ LT�_ �r I .F'-(, r.r l �s ; _ ::-. i h , s--''\� o ' /�` Q f/ - a it it`' Y \`� , l 0' 30' 60' 90' 1 7 /�." r"`/ (L� . , F "0 Schussler Barn - °`t0 08/01/14Sheet 5 OP 8 20121101CAP01.dee wrt„sodn10195.1 s..a.+„c tsar atly in mp-.wpy.n1 y�-d.q L.Yhs W 7699 M,ginod„ And 611 sae-s e.•r t.ma ever s. a ,� rya for: Parking Lot Eden "„ssx9 w > ��.�d the Ewa et Was. °nab`.OTM=de EM Schussler Creative • Grading, Drainage and m4 taY 9B1TrK ■M■I��e FAY 95291>S9II Ol/03/I,FaaR SEf 858 Decatur Avenue Expansion muMEE 99es9n3. PJDlsch morns=wassrr >�ane"wu.idr rm Erosion Control Plan Westwood rm.on aoo$.me as. °3 L' ua.ss No. 49933 • Golden Valley,Minnesota 55427 Eden Prahle,Minnesota I CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 21, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5801 ITEM NO.: VIII.K. Randy Newton Approve Amendment Number One to Master Funding Agreement with Metropolitan Public Works/Engineering Council for the Southwest Light Rail Transit Project Requested Action Move to: Approve Amendment Number One to Master Funding Agreement with Metropolitan Council for the Southwest Light Rail Transit Project. Synopsis This amendment modifies several provisions to the Southwest LRT Master Funding Agreement that was approved by the City Council in January. The revisions were requested by the Metropolitan Council and are acceptable to city staff. With this amendment each of the SWLRT partner cities should have consistent Master Funding Agreements with the Metropolitan Council. Background Information The Master Funding Agreement(MFA) was developed to provide a mechanism for the transfer of funds between Metropolitan Council and the City of Eden Prairie for items related to the Southwest Light Rail Transit(SWLRT) Project. The agreement allows for both the transfer of funds from the City to the Metropolitan Council and from the Metropolitan Council to the City. The MFA does not obligate either party to any financial obligations. Separate Subordinate Funding Agreements (SFA)will have and will continue to be developed and executed to approve specific items and activities and their associated funding. By specifying the method for transfer of funds, contractual provisions, and required procedures the MFA will simplify and streamline the development and approval of the individuals SFA's. This amendment modifies several provisions to the Southwest LRT Master Funding Agreement as requested by the Metropolitan Council. The revisions are minor, do not significantly change the responsibilities of either party and are acceptable to city staff With this amendment each of the SWLRT partner cities should have consistent Master Funding Agreements with the Metropolitan Council. Attachment Amendment Number One to Master Funding Agreement Reference Numbers SWLRT Project: 61001 Metropolitan Council: 14I068 City of Eden Prairie: METROPOLITAN COUNCIL AMENDMENT NUMBER ONE To Metropolitan Council Contract No. 14I068 Master Funding Agreement Southwest Light Rail Transit Project City of Eden Prairie WHEREAS the City of Eden Prairie, MN (City) and the Metropolitan Council (Council) collectively(Parties) entered into a Master Funding Agreement (Agreement) effective January 29, 2015. The Parties agree to amend the following sections of the Agreement with additions indicated by underlining and deletions indicated by strikethroughs: 2.01 Transfer of Funds from Council to City. The Council will transfer Project funds to the City for the Project activities performed by the City. The transfer of funds from the Council to the City shall be in accordance with Subordinate Funding Agreements executed pursuant to this Article 2, each of which shall state the specific purpose for the funds, state the City's responsibility with respect to those funds, and establish who will own any assets constructed or remaining upon completion of the work. Each such Subordinate Funding Agreement, in conjunction with this Agreement, shall be determined by the Council to constitute a subrecipient or vendor agreement with the Council for the purposes of any federal grant funds transferred to the City. The Council shall bear no responsibility for any costs incurred by the City for the Project that exceeds the amounts committed by Subordinate Funding Agreements as such agreements may from time to time be amended. 2.06(i) Transfer of Project Funds to the City Under Subordinate Funding Agreements. No invoice payment shall be made by the Council without prior written amendment to the applicable Subordinate Funding Agreement, which would cause distribution of Project funds to exceed, cumulatively through such payment, the maximum amount of authorized funding under the applicable Subordinate Funding Agreement. 3.06 Subcontractor Provisions. In addition to the requirements of section 4.06, if the City engages any contractors to perform any part of the Project activities, the City agrees that the contract for such services shall include, to the fullest extent allowed by law, all of the following provisions. These requirements are in addition to other requirements for such contracts set forth in this Agreement. a. The contractor must maintain all records and provide all reporting as required by this Agreement. b. The contractor must defend, indemnify, and save harmless the Council from all claims, suits, demands, damages,judgments, costs, interest, and expenses arising out of or by reason of the performance of the contracted work, caused in whole or in part by any act or omission of the contractor, including acts or omissions by any of its employees, subcontractors, or anyone for whose acts any of them may be liable. c. The contractor must provide and maintain insurance in amounts and types of coverage appropriate to the contracted work and naming the Council, the Counties Transit Improvement Board, and other funding partners as requested by the Council, as additional insureds, and shall provide to the City prior to commencement of the contracted work a certificate of insurance evidencing such insurance coverage. d. The contractor must be an independent contractor for the purposes of completing the contracted work. e. The contractor must acknowledge that the contract between the City and the contractor does not create any contractual relationship between the Council and the contractor. f. The contractor shall perform and complete the contracted work in full compliance with this Agreement and all applicable laws, statutes,rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the contracted work. 3 06 3.07 Contract Information. The City shall, in connection with any contract entered into for the Project: a. Keep the Council informed as to the progress of such contract; b. Allow authorized representatives of the Council access to all meetings and documentation related to such contract; and c. Upon request,promptly provide the Council with copies of correspondence between the City and the contractor related to such contract. 4.06(e)(iv) Disadvantaged Business Enterprise Requirements. The City will report DBE activity, on the Disadvantage Disadvantaged Business Enterprise Reporting Form, to the Council on other purchase orders and invoices not included above with each Request for Payment. 4.08 No Federal Obligation. Monies provided under this Agreement may be financed in whole or in part by federal funds. However,payments to the City will be made by the Council. Pursuant to the Federal Transit Administration Master Agreement Section 2(f), the United States is not a party to this Agreement and no reference in this Agreement to the United States, the United States Department of Transportation, the FTA, or any representatives of the federal government makes the United States a party to this Agreement. The City shall include this clause in any contracts or Agreements agreements entered into pursuant to this Agreement. 5.06(h) Transfer of Project Funds to the City Under Subordinate Funding Agreements. No invoice payment shall be made by the City without prior written amendment to the applicable Subordinate Funding Agreement, which would cause the 2 distribution of funds to exceed, cumulatively through such payment, the maximum amount of authorized funding under the applicable Subordinate Funding Agreement. 5.12 Use of Contractors. If the Council engages any contractors to perform any activities reimbursable by the City under Part Two of this Agreement, the Council agrees that the contract for such services shall include, to the fullest extent allowed by law, all of the following provisions. These requirements are in addition to other requirements for such contracts set forth in this Agreement. a. The contractor must maintain all records and provide all reporting as required by this Agreement. b. The contractor must defend, indemnify, and save harmless the City from all claims, suits, demands, damages,judgments, costs, interest, and expenses arising out of or by reason of the performance of the contracted work, caused in whole or in part by any negligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be liable. c. The contractor must provide and maintain insurance in amounts and types of coverage appropriate to the contracted work and naming the City as an additional insured, and provide to the Council a certificate of insurance evidencing such insurance coverage. d. The contractor must be an independent contractor for the purposes of completing the contracted work. e. The contractor must acknowledge that the contract between the Council and the contractor does not create any contractual relationship between the City and the contractor. f. The contractor shall perform and complete the contracted work in full compliance with this Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the contracted work. 5.13 Contractor Information. The Council shall, in connection with any contract entered into for reimbursable work under Part Two of this Agreement: a. Keep the City informed as to the progress of such contract; b. Allow authorized representatives of the City access to all meetings and documentation related to such contract; and c. Upon request,promptly provide the City with copies of correspondence between the Council and the contractor related to any such contract; and_ d. In addition to terms specified in this Agreement, include within the Contract Documents with the contractor appropriate insurance, indemnification, and liability provisions as negotiated and accepted by the Council and the contractor. The City expects the Contract Documents will include the following: the contractor's insurance will list the City as an additional insured under the contractor's policy with a minimum 30 day cancellation period; the contractor will defend and 3 indemnify the City; the City will be a beneficiary of the performance and payment bonds; all warranties will extend to the City; and the City will be a third party beneficiary to the contract with the contractor with the authority to enforce the provisions of the contract. 6.04 Non-Waiver of Immunity and Limits. Nothing in this Agreement shall be construed to waive the immunities or liability limits provided in Minnesota Statutes, Section 3.736, or Minnesota Statutes, Chapter 466, or other applicable state or federal law. The provisions of Minnesota Statutes, Section 471.59, subdivision la, specifically apply to this Agreement. 6.11 Dispute Resolution. A dispute resolution process shall be used for any unresolved issue, dispute or controversy between the Parties before any legal remedies are exercised. The dispute resolution process contains a three level dispute resolution ladder that escalates a dispute from the project management level through the executive management level. The City is represented from Level 1 to 3 in the following order: City Engineer, Director of Public Works, and City Manager. The Council is represented from Level 1 to 3 in the following order: Deputy General Manager, General Manager, and Regional Administrator. At each level, representatives of the parties Parties shall meet and continue to explore resolution until either Party determines, in good faith, that effective resolution is not possible at the current level, and notifies the other party that the process is elevated to the next level. If either or both parties Parties make such a determination at any point during issue resolution at Level 3,then the dispute resolution process has been exhausted. 6.12 Project Director. The Council's Project Director for purposes of administration of this Agreement, and any Subordinate Funding Agreements entered into pursuant to this Agreement, is the person whose title is listed in Section 6.4410, or such other person designated in writing by the Council's Regional Administrator. The City's Project Director for purposes of administration of this Agreement and any Subordinate Funding Agreements entered into pursuant to this Agreement is the person whose title is listed in Section 6.10, or such other person designated in writing by the City. The City's Project Director shall: 6.12(c) Project Director. Attend meetings called by the Council's Project Director for Southwest Light Rail Project-staff; and 6.14 Effective Date and Termination. This Agreement shall be effective January 29, 2015. This Agreement or a Subordinate Funding Agreement shall terminate upon the earliest of: a. Completion of construction of the Project and reimbursement of all costs provided for in this Agreement and all Subordinate Funding Agreements entered into pursuant thereto; b. A determination by the Council that the Project or Subordinate Funding Agreement cannot proceed; 4 c. A determination by the City that a Subordinate Funding Agreement transferring City funds to the Council cannot proceed, however this Agreement may not be terminated if a Subordinate Funding Agreement is outstanding; or d. A determination by the Council that sufficient funds do not exist, or are not reasonably projected to exist, in order to complete the Project or a Subordinate Funding Agreement. The City agrees that Project closeout or termination of this Agreement or any particular Subordinate Funding Agreement does not invalidate continuing obligations imposed on the City by this Agreement or such Subordinate Funding Agreements or any agreements entered into pursuant to the MFA or SFA this Agreement or a Subordinate Funding Agreement. Project closeout or termination of this Agreement does not alter the Council's authority to disallow costs and recover funds on the basis of a later audit or other review, and does not alter the City's obligation to return any funds determined to be due to the Council. The Council agrees that Project closeout or termination of this Agreement or any particular Subordinate Funding Agreement does not invalidate continuing obligations imposed on the Council by this Agreement or such Subordinate Funding Agreements or any agreements entered into pursuant to the MFA or SFA this Agreement or a Subordinate Funding Agreement. Project closeout or termination of this Agreement does not alter the City's authority to disallow costs and recover funds on the basis of a later audit or other review, and does not alter the Council's obligation to return any funds determined to be due to the City. Except as herein provided, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City and the Council have caused this amendment to be executed by their duly authorized representatives on the dates indicated below. CITY OF EDEN PRAIRIE METROPOLITAN COUNCIL By: By: Its Its Regional Administrator Date: Date: By: Its Date: 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 21, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #11-5801 Approve ITEM NO.: VIII.L. Randy Newton Subordinate Funding Agreement 06 for Level 2 Components with Metropolitan Council for Public Works/Engineering the Southwest Light Rail Transit Project Requested Action Move to: Approve Subordinate Funding Agreement 06 for Level 2 Components with Metropolitan Council for the Southwest Light Rail Transit Project. Synopsis This agreement provides for the design of six of the Locally Requested Capital Improvements Eden Prairie identified for the Southwest Light Rail Transit Project. A determination will be made at a later date regarding whether or not to proceed with construction of each of the Locally Requested Capital Improvements. Background Information Eden Prairie has identified the following Locally Requested Capital Improvements (LRCI's) for the Southwest Light Rail Transit Project that provide an improved project aesthetic: • Decorative Street Lighting • Decorative Fencing • Concrete Planter Boxes • Bridge Aesthetics • Embedded track in Town Center • Public Plazas In order to coordinate design, enable construction, and to allow for possible outside funding of the improvements they need to be designed with the Southwest LRT project. After construction costs for each of the LRCI's are known a decision on whether or not to proceed with construction will need to be made. If it is recommended to construct any of the above LRCI's a separate Subordinate Funding Agreement for construction will be required. Financial Implications The agreement for design of the LRCI's identified above has an estimated cost of$397,337. Costs for the design will be paid from the Transportation Fund and the Economic Development Fund. Attachment Subordinate Funding Agreement 06 Reference Numbers: SWLRT Project: 61001 Metropolitan Council: 14I068F City of Eden Prairie: PROJECT: SOUTHWEST LIGHT RAIL TRANSIT PROJECT MASTER AGREEMENT: Master Funding Agreement—City of Eden Prairie PARTIES TO AGREEMENT: • Metropolitan Council ("Council") • City of Eden Prairie ("City") SUBORDINATE FUNDING AGREEMENT City of Eden Prairie- SFA 06 (Level 2 Components) This Subordinate Funding Agreement ("SFA") with the City of Eden Prairie is entered into by and between the above named Parties. WHEREAS: 1. The Parties entered into a Southwest Light Rail Transit Project ("Project") Master Funding Agreement("MFA"), effective January 29, 2015. 2. The Parties provided in the MFA that certain aspects of funding for the Project or components related to but not part of the Project would be determined in subsequent SFAs. 3. The Parties entered into a SFA effective January 29, 2015 to complete environmental documentation for proposed components related to, but not part of the Project. 4. The Parties desire to enter into this SFA to transfer City funds to reimburse the cost for Council activities for professional services and the Council's administrative fee to produce design plans and construction cost estimates for proposed components related to, but not part of the Project ("Components"). 5. The Parties acknowledge that the planning of the Project will require numerous federal, state and local processes, approvals and funding commitments. The environmental review and other processes for the Project are ongoing and the Project is subject to change to address those processes. The outcomes of those processes may affect whether the Components requested in this SFA will ultimately be constructed. NOW, THEREFORE, in reliance on the statements in these recitals, the Parties hereby agree as follows: 1. Maximum Amount of Authorized Funding. The cost for the Council's professional services and administration activities authorized by this SFA shall not exceed$397,337 unless authorized in a subsequent agreement or an amendment to this SFA. Page 1 of 5 2. SFA Budget. The budget for the Council's activities described in this SFA is provided as Exhibit A. City funds provided for this SFA may only be used for reimbursing the Council's costs for activities directly incurred within the described Description of Activities and as detailed in the MFA. 3. Description of Activities. The activities to be performed by the Council and reimbursed by the City include the development of design plans and construction cost estimates for the Components described in Exhibit B ("Level 2 Components"). If authorized by the City, the Level 2 Components are anticipated to be constructed by the Project. The Council will incorporate the Level 2 Components design plans as bid alternates in the proposed Project construction bid documents if: a) the environmental review of the Project and the Level 2 Components described in this SFA allow the construction of the Level 2 Components and b) the Project is permitted to proceed to construction. The Level 2 Components construction specifications will be incorporated in the overall specifications within the Project construction bid documents. No separate or stand alone specifications for the Level 2 Components will be created. After the Council selects a Project construction bid and the bid alternate is public, the City will determine whether or not to accept each Level 2 Component bid alternate. If the City chooses to accept a bid alternate, the City is required to enter into a subsequent SFA authorizing the Council to construct the bid alternate and reimburse the Council costs. 4. Release of Design Plans. If the City does not enter into an SFA with the Council to construct a Level 2 Component along with the construction of the Project,but requests the Council to release a Level 2 Component design plan to the City for the purpose of current or future use of the design plan, the Council shall release the design plan provided an amendment to this SFA or a subsequent agreement is executed by the Parties to address indemnification, liability, claims, access, copyright, and related issues as a result of the release of Level 2 Component design plans. 5. Property Acquisition. If it is necessary to acquire property rights for a Level 2 Component, subsequent agreements must address property access, acquisition, disposition, and other real property matters needed to construct the Level 2 Component beyond what is required to construct the Project. 6. Project Activity Periods. The term of this SFA shall be effective as of March 31, 2015 and shall terminate on the date all costs under this SFA have been reimbursed, unless terminated earlier consistent with the terms of the MFA. 7. No Guarantee of Construction. This SFA describes terms requiring the City to reimburse the Council's cost for design activities associated with the requested Level 2 Components described in Exhibit B. It does not guarantee that the Level 2 Components will satisfy environmental review or be constructed. The City and the Council acknowledge that nothing in this Agreement shall require the Council to take any action or make any decision that will prejudice or compromise any review or decision-making processes required under state and federal environmental review laws, regulations or rules. The Parties intend this Agreement to be interpreted consistent with statutory and other legal authorities, including but not limited to the Page 2 of 5 Minnesota Environmental Policy Act and the National Environmental Policy Act. The Parties agree that this SFA does not limit the alternatives or mitigative measures that the Council may undertake in the development and construction of the Project. The Council retains the right to make decisions and necessary approvals associated with Project requirements. 8. Incorporation. The terms, conditions, and definitions of the MFA are expressly incorporated into this SFA. CITY OF EDEN PRAIRIE METROPOLITAN COUNCIL By: By: Its: Its: Date: Date: By: Its: Date: Page 3 of 5 Exhibit A SFA Budget: Level 2 Components Item Cost Professional Services Design Cost $385,764 Administrative Fee (3% of Professional Services) 11,573 Maximum Amount of Authorized Funding $397,337 Page 4 of 5 Exhibit B Component Descriptions No. Level 2 Component Description 1 Decorative street lighting near Town Center Station and along Technology Drive from Prairie Center Drive to the end of the Project alignment in the City of Eden Prairie. 2 One-level upgrade from the base Project of decorative fencing and bridge railings along the alignment in the City of Eden Prairie. Installation of concrete planter boxes and walls adjacent to the Project's alignment in the 3. Town Center area and along Technology Drive from approximately Southwest Station to Mitchell Road in the City of Eden Prairie. Upgrade bridge aesthetic quality between 3 to 5% from the base Project on Prairie Center 4. Drive (5%), Valley View Road(3%), and Shady Oak Road/TH 212 (3%) bridges in the City of Eden Prairie (excludes Nine Mile and I-494). Embedded track from Station 2112+50 (west of the proposed north-south road near Town 5. Center Station, at the western edge of the Traction Power Substation) to Station 2128+50 (east of Eden Road and Glen Road intersection) in the City of Eden Prairie. 6 Construct public plazas adjacent to the station platforms at City West, Golden Triangle, Town Center, Southwest, and Mitchell Stations in the City of Eden Prairie. Page 5 of 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 21, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 11-5801 Approve ITEM NO.: VIII.M. Randy Newton Amendment Number One to Subordinate Funding Agreement 05 with Metropolitan Public Works/Engineering Council for the Southwest Light Rail Transit Project Requested Action Move to: Approve Amendment Number One to Subordinate Funding Agreement 05 for Locally Requested Capital Improvement Environmental Documentation with Metropolitan Council for the Southwest Light Rail Transit Project Synopsis With this amendment to the Southwest LRT Subordinate Funding Agreement for environmental documentation the City agrees not to terminate the agreement prior to issuance of a Record of Decision by the Federal Transit Administration. Background Information Subordinate Funding Agreement 05 provides for the environmental documentation of the eleven Locally Requested Capital Improvements Eden Prairie identified for the Southwest Light Rail Transit Project including: • North-South Roadway in Town Center between Singletree Lane and the LRT Station • Golden Triangle Trail • Southwest Station Trail • Technology Drive Extension • Tapered, Tubular, Catenary Poles • Decorative Street Lighting • Decorative Fencing • Concrete Planter Boxes • Bridge Aesthetics • Embedded track in Town Center • Public Plazas With this amendment the City agrees not to terminate the agreement prior to issuance of a Record of Decision by the Federal Transit Administration. This was requested by the Southwest LRT Project Office as the termination of the agreement prior to issuance of the Record of Decision has the potential to impact the project schedule. Attachment Amendment Number One to Subordinate Funding Agreement 05 Reference Numbers SWLRT Project: 61001 2.1• Metropolitan Council: 14I068E Amendment 1 METROPOLITAN City of Eden Prairie COUNCIL AMENDMENT NUMBER ONE To Metropolitan Council Contract No. 14I068E Subordinate Funding Agreement 05 Southwest Light Rail Transit Project City of Eden Prairie-Environmental Documentation The City of Eden Prairie, MN (City) and the Metropolitan Council(Council) agree that the Subordinate Funding Agreement(SFA) effective on January 29, 2015 relating to the City reimbursing the Council's cost for completion of required federal, state, and local environmental documentation for components requested by the City is amended in the following particulars: Section 5, Project Activity Period is deleted in its entirety and the following is inserted in its place. 5. Project Activity Periods. The term of this SFA shall be effective as of January 29, 2015 and shall terminate on the date all costs under this SFA have been reimbursed, unless terminated earlier by the Council consistent with the terms of the MFA. Notwithstanding the terms of this SFA or the MFA, the City agrees that it shall not terminate this SFA prior to the issuance of a Record of Decision ("ROD")by the FTA. After issuance of the ROD, the City may terminate this SFA as provided in the MFA. Except as herein provided, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City and the Council have caused this amendment to be executed by their duly authorized representatives. This amendment is effective on the date when this amendment is fully executed by the Council and the City. CITY OF EDEN PRAIRIE COUNCIL By: By: Its Its Date: Date: By: Its Date: CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 21, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #11-5799 ITEM NO.: VIII.N. Randy Newton Approve Traffic Signal Agreement with the Public Works/Engineering State of Minnesota and Hennepin County for the Shady Oak Road/Highway 62 North and South Ramp Intersections Requested Action Move to: Approve Traffic Control Signal Agreement No. 1000407 with the State of Minnesota and Hennepin County for the Shady Oak Road/Highway 62 North and South Ramp Intersections. Synopsis This Traffic Signal Agreement defines the maintenance, operation and electric energy requirements for the Shady Oak Road (CSAH 61) / Highway 62 North and South Ramp intersections. With this agreement the City of Eden Prairie will be responsible for the electrical energy costs at the Shady Oak Road/Highway 62 South Ramp intersection. Background Information As a result of the Shady Oak Road project, MnDOT and Hennepin County identified that no traffic signal maintenance agreement was ever developed for the Shady Oak Road (CSAH 61) / Highway 62 North and South Ramp intersections. To address this issue MnDOT has developed a three party agreement for the maintenance of the traffic signals. With this agreement the City of Eden Prairie will continue to be responsible for the electrical energy costs at the Shady Oak Road / Highway 62 South Ramp intersection. This is a typical City responsibility for a traffic signal. Attachments • Resolution • Traffic Control Signal Agreement No. 1000407 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION APPROVING TRAFFIC CONTROL SIGNAL AGREEMENT WITH MnDOT AND HENNEPIN COUNTY FOR TRAFFIC SIGNALS ON SHADY OAK ROAD (CSAH 61)AT THE HIGHWAY 62 NORTH AND SOUTH RAMP INTERSECTIONS I.C. 11-5799 WHEREAS, MnDOT has prepared a traffic control signal agreement that identifies the maintenance, operation and electrical energy requirements for the traffic signals at the CSAH 61 (Shady Oak Road)/TH 62 South Ramp and the CSAH 61 (Shady Oak Road) /TH 62 North Ramp intersections. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie Eden Prairie City Council that Traffic Control Signal Agreement No. 1000407 is hereby approved, and the Mayor and City Manager are hereby authorized to execute said agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on April 15, 2015 Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk MnDOT Contract No: 1000407 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF EDEN PRAIRIE And HENNEPIN COUNTY TRAFFIC CONTROL SIGNAL MAINTENANCE AGREEMENT Control Sections (C.S.): 2773 Trunk Highway Numbers (T.H.): 62 =384 22503 North Ramp Signal System IDs 38236 South Ramp This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State"), the City of Eden Prairie acting through its City Council ("City"), and Hennepin County acting through its Board of Commissioners ("County"). Recitals 1. The City, County, and State wish to define their respective power, operation, and maintenance responsibilities for the existing Traffic Control Signals ("Signal Systems") and Emergency Vehicle Pre-emption Systems ("EVP Systems") on Trunk Highway No. 62 and County State Aid Highway No. 61 (Shady Oak Road)North Ramps, and on Trunk Highway No. 62 and County State Aid Highway No. 61 (Shady Oak Road)/West 62"a Street South Ramps; and the existing Interconnect ("Interconnect") on Trunk Highway No. 62 from County State Aid Highway No. 61 (Shady Oak Road)North Ramps to County State Aid Highway No. 61 (Shady Oak Road)/West 62"a Street South Ramps, in the City of Eden Prairie, Hennepin County, Minnesota; and 2. The transfer of County Road No. 62 (presently Trunk Highway No. 62) from the County to the State covered in Agreement No. 64760, dated April 28, 1988 did not address the power, operation, and maintenance of the above Signal Systems, EVP Systems, and Interconnect. 3. The State's operation and maintenance responsibilities covered under this Agreement will be performed by the County on a reimbursable basis with the State and payment will be covered in Master Agreement No. 01807 between the County and the State. 4. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term.of Agreement; Survival of Terms 1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1 -1- MnDOT Contract No: 1000407 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation,the following clauses: 5. Liability; Worker Compensation Claims; Insurance; 7.State Audits;8 Government Data Practices;9 Governing Law; Jurisdiction;Venue; and 11. Force Majeure. The terms and conditions set forth in Article 2. Signal Systems, EVP Systems, and Interconnect Power, Operation, and Maintenance may be terminated by another Agreement between the parties. 2. Signal Systems,EVP Systems, and Interconnect Power, Operation, and Maintenance Power, operation, and maintenance responsibilities will be as follows for the existing Signal Systems and EVP Systems on Trunk Highway No. 62 and County State Aid Highway No. 61 (Shady Oak Road) North Ramps (System "A"), and on Trunk Highway No. 62 and County State Aid Highway No. 61 (Shady Oak Road)/West 62"d Street South Ramps (System"B"); and the existing Interconnect on Trunk Highway No. 62 from County State Aid Highway No. 61 (Shady Oak Road)North Ramps (System "A") to County State Aid Highway No. 61 (Shady Oak Road)/West 62"d Street South Ramps (System`B"). 2.1 (System "A"),Trunk Highway No. 62 and County State Aid Highway No. 61 (Shady Oak Road) North Ramps A. Power. The County will continue to pay all monthly electrical service expenses necessary to operate the Signal System,EVP System, and Interconnect. B. Minor Luminaire and Signal System Maintenance. The County will provide for the following at its own cost: i. Maintain the signal pole mounted LED luminaires, including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended AASHTO levels for the installation. ii. Replace the Signal Systems LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual, fails, or no longer meets Institute of Traffic Engineers (ITE) standards for light output. iii. Clean the Signal System controller cabinet and service cabinet exteriors. iv. Clean and paint the Signal Systems and luminaire mast arm extensions. C. Major Signal System Maintenance (State Responsibilities Performed by the County on a Reimbursable Basis) Operation and maintenance activities covered below are the responsibility of the State and will be performed by the County on a reimbursable basis. i. Interconnect, Other Maintenance, and Timing. The County will maintain the interconnect (between System"A" and System"B") and signing, and perform all other Signal System and signal pole luminaire circuit maintenance. All Signal System timing will be determined by the County subject to the State's approval. ii. Locating. The County will perform Gopher State One Call Locating for System"A" and for the interconnect between System"A" and System "B". iii.EVP System Operation. The EVP System will be operated,maintained, and removed according to the following conditions and requirements: iv. All maintenance of the EVP System will be done by County forces. -2- MnDOT Contract No: 1000407 v. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City and County will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. vi. Malfunction of the EVP System must be reported to the County immediately. vii.In the event the EVP System or EVP components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after the City and County receives written notice from the State,the State may remove the EVP System. Upon removal of the EVP Systems pursuant to this Paragraph, all of its parts and components become the property of the State. viii. All timing of the EVP System will be deteiinined by the County. D. Payment The State and the County will refer to Master Agreement No. 01807-R between the State and the County for payment of the actual costs incurred in perfoiiuing said operation, maintenance, and timing activities. 2.2 (System "B"), Trunk Highway No. 62 and County State Aid Highway No. 61 (Shady Oak Road)/West 62nd Street South Ramps. A. Power.The City will be responsible for the hook-up cost and application to secure an adequate power supply to the service pad or pole and will pay all monthly electrical service expenses necessary to operate the Signal System and EVP System. B. Minor L.E.D.Luminaire and Signal Maintenance. The County will provide for the following at its own cost: i. Maintain the signal pole L.E.D. mounted luminaires and all internal components,including replacing the L.E.D. luminaires when necessary. ii. Maintain the Signal System L.E.D. indications. iii. Clean the Signal System controller cabinet and service cabinet exteriors. iv. Clean and paint the Signal System signal poles and luminaire mast arm extensions. C. Major Signal System Maintenance (State Responsibilities Performed by the County on a Reimbursable Basis) Operation and maintenance activities covered below are the responsibility of the State and will be perfoiined by the County on a reimbursable basis. i. Interconnect, Other Maintenance, and Timing. The County will maintain the interconnect (between System"A" and System"B") and signing, and perfoiiii all other Signal System and signal pole luminaire circuit maintenance. All Signal System timing will be determined by the County subject to the State's approval. ii. Locating. The County will perform Gopher State One Call Locating for System`B" and for the interconnect between System"A" and System "B". iii.EVP System Operation. The EVP System will be installed, operated,maintained, and removed according to the following conditions and requirements: iv. All maintenance of the EVP System will be done by County forces. -3- MnDOT Contract No: 1000407 v. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City and County will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. vi. Malfunction of the EVP System must be reported to the County immediately. vii.In the event the EVP System or EVP components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after the City and County receives written notice from the State,the State may remove the EVP System. Upon removal of the EVP Systems pursuant to this Paragraph, all of its parts and components become the property of the State. viii. All timing of the EVP System will be determined by the County. D. Payment The State and the County will refer to Master Agreement No. 01807-R between the State and the County for payment of the actual costs incurred in performing said operation, maintenance, and timing activities. 2.3 Replacement and Relocation As owner,the State is responsible for scheduling future Signal and EVP System replacement and relocation. 2.4 Termination of Power, Operation and Maintenance Terms. Each party may terminate the power, operation, and maintenance terms covered under Article 2 by providing 30 days'notice to the other party. The City's termination requires a resolution of the City Council, the County's termination requires a resolution of the County Board, and the State's termination requires a letter from the State's District Engineer. Upon termination,the City and County will perform the power, operation, and maintenance activities as stated in Articles 2.1.A, 2.1.B, 2.2.A, and 2.2.B. The State will perform all of the operation and maintenance activities previously performed by the County under Article 2.1.0 and 2.2.C. 2.5 Right of Way Access. Each party authorizes the other party to enter upon their respective public right of way to perform the maintenance activities described in this Agreement. 2.6 Related Agreements. This agreement will terminate and supersede any existing agreements for the power, operation and maintenance of the Traffic Control Signals and Emergency Vehicle Pre-emption Systems at the intersections of Trunk Highway No. 62 and County State Aid Highway No. 61 (Shady Oak Road)North Ramps (System"A"), and on Trunk Highway No. 62 and County State Aid Highway No. 61 (Shady Oak Road)/West 62"d Street South Ramps (System`B"); and the existing Interconnect on Trunk Highway No. 62 from County State Aid Highway No. 61 (Shady Oak Road)North Ramps (System "A") to County State Aid Highway No. 61 (Shady Oak Road)/West 62"d Street South Ramps (System `B"). -4- MnDOT Contract No: 1000407 3. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 3.1. The State's Authorized Representative will be: Name/Title: Allan Espinoza, MnDOT Metro District Traffic Engineering, (or successor) Address: 1500 County Road B2 West, Roseville, MN 55113 Telephone: (651)234-7812 Fax: (651)234-7850 3.2. The City's Authorized Representative will be: Name/Title: Rod Rue, Eden Prairie City Engineer (or successor) Address: City Center, 8080 Mitchell Road, Eden Prairie, MN 55344 Telephone: (952) 949-8314 3.3. The County's Authorized Representative will be: Name/Title: James Grube,Hennepin County Engineer (or successor) Address: 1600 Prairie Drive,Medina, MN 55430 Telephone: (952) 949-8314 4. Assignment; Amendments; Waiver; Contract Complete 4.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 4.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 4.3. Waiver. If a party fails to enforce any provision of this Agreement,that failure does not waive the provision or the party's right to subsequently enforce it. 4.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State,the City, and the County.No other understanding regarding this Agreement, whether written or oral,may be used to bind either party. 5. Liability; Worker Compensation Claims; Insurance 5.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City and County. 5.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 6. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. -5- MnDOT Contract No: 1000407 7. State Audits Under Minnesota Statutes § 16C.05, subdivision 5,the City and County's books,records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 8. Government Data Practices The City, County, and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected,received, stored, used,maintained, or disseminated by the City and County under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by the City, County, or State. 9. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 10. Termination by Mutual Agreement This Agreement may be teiiiiinated by mutual agreement of the parties. 11. Force Majeure Neither party will be responsible to the other for a failure to perfoiiii under this Agreement (or a delay in performance), if such failure or delay is due to a force maj eure event. A force maj eure event is an event beyond a party's reasonable control,including but not limited to,unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] -6- MnDOT Contract No: 1000407 HENNEPIN COUNTY The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions,resolutions or ordinances. Approved: By: (Chair of County Board) Date And: (County Administrator) Date And: (Assistant County Administrator, Date Public Works) Approved as to form: By: (Assistant County Attorney) Date Approved as to execution: By: (Assistant County Attorney) Date Attest by: (Deputy/Clerk of County Board) Date Recommended for Approval: By: (Director, Transportation Date Department and County Engineer) -7- MnDOT Contract No: 1000407 CITY OF EDEN PRAIRIE DEPARTMENT OF TRANSPORTATION The undersigned certify that they have lawfully executed this contract on behalf of the Recommended for Approval: Governmental Unit as required by applicable charter provisions,resolutions or ordinances. By: (District Traffic Engineer) • By: Date: Title: Approved: Date: By: (District Engineer) By: Date: Title: Date: COMMISSIONER OF ADMINISTRATION By: (With delegated authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. -8- CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 21, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 15-5902 ITEM NO.: VIII.O. Mary Krause Accept 100% Petition for Turn Lane Public Works/Engineering Improvements on Pioneer Trail for the Green Acres Event Center Requested Action Move to: Accept 100%petition for I.C. 15- 5902 Turn Lane Improvements on Pioneer Trail for the Green Acres Event Center. Synopsis A 100%petition signed by the owner of Green Acres for Turn Lane Improvements on Pioneer Trail adjacent to the Green Acres Event Center has been received. The turn lane will provide improved access to the Green Acres Event Center. A special assessment agreement with the property owner for 100% of the costs associated with the project will be required to be signed by the Owner prior to issuance of the Land Alteration Permit for the Project. The amount to be included in the Special Assessment Agreement will cover all costs associated with the project including design, plan preparation and construction phase services, as well as all construction costs along with administrative and interest costs. Background Information Parking lot and pond improvements for the Green Acres Event Center have previously been approved by City Council. The turn lane provides necessary improved access to the Event Center. Staff recommends proceeding with the turn lane improvements based on the petition. Attachment Petition CITY OF EDEN PRAIRIE,MINNESOTA 100% PETITION FOR LOCAL IMPROVEMENTS TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the real property described below and herein petition for the Eden Prairie City Council to proceed with making the following described improvements: Specify Type General Location Sanitary Sewer Watermain Storm Sewer ( lit, rim p�7VelvICArli10 10�g Street Paving a ci A- of 64" Other / �� " , ;/1 m t i"t ✓t The Undersigned agrees to, and does, waive and release (a) any and all objections of every kind to any assessment levied by the City pursuant to this Petition, and (b) the right to appeal, pursuant to applicable Minnesota Statutes, from any assessment levied pursuant to this Agreement. This waiver is valid up to $ c,RCI,(_‘.3 , which is the estimated amount of the assessments as determined by the City Engineer. Street Address or other Legal Description of Signatur / and Addres, /of et' Toners Property to be Served st be owne s f • co ); 445-0 t vT +a V� '✓e" ketir 55-117 (For City Use) Date Received: \( C l \A/D b Project No.: TT r 5 ` Council Consideration: `Cl ) \3 REVISED 12/2/20I0 i I CITY COUNCIL AGENDA DATE: SECTION Consent Calendar April 21, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 15-5902 ITEM NO.: VIII.P. Mary Krause Approve Professional Services Agreement with Public Works/Engineering Westwood Professional Services for the Turn Lane Improvements on Pioneer Trail for the Green Acres Event Center Requested Action Move to: Approve the Professional Services Agreement with Westwood Professional Services for the design, plan preparation and construction services for the Turn Lane Improvements on Pioneer Trail for the Green Acres Event Center in the amount of$49,085. Synopsis This agreement provides for the design, plan preparation and construction phase services for the Turn Lane Improvements on Pioneer Trail for the Green Acres Event Center. The Owner of the Green Acres Event Center has submitted a 100%petition to the City Council for approval to construct the turn lane improvements. The Owner will enter into a Special Assessment Agreement for all costs associated with the project including all costs related to the Professional Services Agreement as well as all construction costs. All costs associated with this project will be paid for by the Owner with no funds being contributed by the City. Background Information Parking lot and pond improvements for the Green Acres Event Center have previously been approved by City Council. The Owner has petitioned the City for the construction of the turn lane improvements on Pioneer Trail to support the parking lot improvements. Approval of this Professional Services Agreement will allow for the design of these improvements to move forward. Attachment Professional Services Agreement Standard Agreement for Professional Services This Agreement ("Agreement") is made on the - day of fFpr%- 1 , 20 5 between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Westwee,/ PriA50.r./ Scrv;c�r�7q4, a Minnesota (6 r pi r.-Fro h (hereinafter "Consultant") whose business address is 7 699 /1-n.4-3 r4 M 0r'r✓e- dam, 1 r4 re L M%'17e s0-71C 5-5-1 4-4- 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 PIP e,er — Trcr l _rki ro✓e_m e h 1-r 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 5 Q V y 1 pytC l kin 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 Aptil 2Z 71D t through D332.1 ZINO the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ ,N6.00 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 Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such 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 2014.04 Page 2 of 8 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 Pan ref H- ParLS/ p& 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. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 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 Standard Agreement for Professional Services 2014.04 Page 3 of 8 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. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 Standard Agreement for Professional Services 2014.04 Page 4 of 8 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. Standard Agreement for Professional Services 2014.04 Page 5 of 8 n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or Standard Agreement for Professional Services 2014.04 Page 6 of 8 omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 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. 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 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. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Standard Agreement for Professional Services 2014.04 Page 7 of 8 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. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FI NAME: W 6S Q o C r'•yk ervrce.—X c_ B • �2� J Its: VLck ' Standard Agreement for Professional Services 2014.04 Page 8 of 8 7699 Anagram Drive Eden Prairie,MN 55344 estwood Main (952)937-5150 Fax (952)937-5822 westwoodps.com (888)937-5150 April 8, 2015 Ms. Mary Krause Senior Project Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Pioneer Trail Improvements (turn lane to Schussler property) File P0005806 Dear Ms. Krause: Westwood Professional Services(Westwood)is pleased to provide this proposal for professional services for the Pioneer Trail Improvements referenced above. Westwood understands that the improvements will be constructed under a contract to be issued by the City of Eden Prairie with the project costs to be assessed to the property owner to be served by the turn lane(Schussler). Westwood will provide design and construction engineering and survey services as summarized below and as listed on the enclosed sheets. Also listed below are the estimated costs of these services. Preliminary design and coordination with City of Eden Prairie and Hennepin County $ 4,525.00 Design and permitting $21,815.00 Bidding and award assistance $ 1,815.00 Construction staking, inspection and contract administration $19,870.00 Post construction $ 1,060.00 Total estimated cost $49,085.00 Westwood understands that the City of Eden Prairie will perform the assessment activities,be responsible for any permit fees, be the contracting authority for construction, advertise for bids and award the construction contract and be responsible for final acceptance of the completed project. Please contact me if you have any questions. Sincerely, WESTWOOD PROFESSIONAL SERVICES AeeeA-e'1:/4--% Daniel Parks,P.E. Eden Prairie Office Leader Multi-Disciplined Surveying&Engineering TBPLS Firm No.10074302 westwoodps.com 7699 Anagram Drive Eden Prairie,MN 55344 • Main (952)937-5150 Fax (952)937-5822 westwoodps,com (888)937-5150 Pioneer Trail Improvements Work Tasks-revised 4-6-2015 Hours Rate Cost Pre-Design - Obtain Hennepin Co plans for Pioneer Trail 3 $165.00 $495.00 o Layout/stationing o Pavement design - Obtain City specs&sample plan 2 $165.00 $330.00 - Field survey 6 $200.00 $1,200.00 - Soil boring $2,500.00 subtotal $4,525.00 Design - Preliminary design/coordination/meetings w/City&County 16 $165.00 $2,640.00 o Width of median opening+grade/drain/surface o grading/drainage/surfacing o Staging&traffic control - Preparation of plans&specifications o City specifications 4 $165.00 $660.00 o Plans • Cover 1 $165.00 $165.00 4 $100.00 $400.00 • Typ section,notes,details 6 $165.00 $990.00 12 $100.00 $1,200.00 • Quantities 2 $165.00 $330.00 4 $100.00 $400.00 • Existing conditions/utilities 1 $165.00 $165.00 4 $100.00 $400.00 • Removals 1 $165.00 $165.00 2 $100.00 $200.00 • Erosion control 1 $165.00 $165.00 2 $100.00 $200.00 • Grading 8 $165.00 $1,320.00 6 $100.00 $600.00 • Storm sewer 4 $165.00 $660.00 4 $100.00 $400.00 • Surfacing 8 $165.00 $1,320.00 8 $100.00 $800.00 • Turf establishment 1 $165.00 $165.00 2 $100.00 $200.00 • Traffic staging&control 8 $165.00 $1,320.00 6 $100.00 $600.00 • Signing and striping 2 $165.00 $330.00 2 $100.00 $200.00 • X-sections 2 $165.00 $330.00 4 $100.00 $400.00 • Plan revisions 4 $165.00 $660.00 8 $100.00 $800.00 o Utility coordination 4 $165.00 $660.00 - Permits 16 $165.00 $2,640.00 o City o County o Other? - Engineer's estimate of construction costs 2 $165.00 $330.00 subtotal $21,815.00 Multi-Disciplined Surveying&Engineering TBPLS Firm No.10074302 westwoodps.com April 8, 2015 Page 2 Bidding/Award - Answer bidder questions 4 $165.00 $660.00 - Addendums? 1 $165.00 $165.00 - Review bids 1 $165.00 $165.00 - Prepare recommendation for award 1 $165.00 $165.00 - Notice of award letter 1 $165.00 $165.00 - Prepare/review/finalize 3 $165.00 $495.00 o Contract o Insurance o bonds subtotal $1,815.00 Construction - notice to proceed letter 1 $165.00 $165.00 - preconstruction meeting 2 $165.00 $330.00 • 2 $150.00 $300.00 - Construction staking o Removals 4 $200.00 $800.00 o Grading 6 $200.00 $1,200.00 o Storm sewer 2 $200.00 $400.00 o C&g 4 $200.00 $800.00 o Record Plans 2 $200.00 $400.00 - Contract Administration o Quantity measurements? 2 $165.00 $330.00 o Payments 2 $165.00 $330.00 o Change orders 1 $165.00 $165.00 -Construction testing $4,000.00 - Construction inspection o routine inspections 60 $150.00 $9,000.00 o Construction questions 6 $165.00 $990.00 o Final-for certification 2 $165.00 $330.00 - Completion determination o Substantial 1 $165.00 $165.00 o final 1 $165.00 $165.00 subtotal $19,870.00 Post Construction - Certification of construction 1 $165.00 $165.00 - Record plans 2 $165.00 $330.00 4 $100.00 $400.00 - Final quantities for assessment cost determination 1 $165.00 $165.00 subtotal $1,060.00 total $49,085.00 Not included - Feasibility study-N/A - Petition/waiver of hearing for improvements/special assessment agreement-Schussler/City - Permit fees-City - Construction payroll checking-City - Final acceptance of project-City CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 21, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.Q. Sue Kotchevar, Office of the Approve 2014 Unbudgeted Fund Transfers City Manager/Finance Requested Action Move to: Approve 2014 unbudgeted fund transfers. Synopsis As part of the audit of the City's financial statements, the year-end unbudgeted transfers are summarized and reported to the City Council. The City Council acceptance of the transfers is a recommended practice by the City's auditors. Most of the transfers are related to the closing of debt service funds. Also, $3,500,000 was transferred from the Capital Maintenance and Improvement Fund to the Aquatics & Fitness Expansion Fund. The General Fund had positive operating results and $573,435 was transferred to the Capital Improvement and Maintenance Fund. Attachment Transfer Schedule City of Eden Prairie Transfer Schedule 12/31/14 Transfer Transfer In Out Amount Explanation Allocation of Costs General Fund Senior Board 1,295 Transfer the Senior Board's share of various programs/projects G.O.Improv Bonds 03D G.O.Perm Improv Ref Bonds 11 D 243,391 Close 2003D Assessment Bonds to 2011 D Assessment Bonds(Charlson&Hillcrest) G.O.Perm Impr Ref Bonds 11 D G.O.Improv Revolving 05B 502,935 Close 2005E Assessment Bonds to 2011 D Assessment Bonds(Charlson&Hillcrest) Park Improvement 2003C Open Space Refunding bonds 15,323 Close 2003C Open Space Bonds to Park Improvement Fund Capital Maintenance and Improvement Fund 2009C CIP Refunding bonds 32,946 Close 2009C CIP Refunding Bonds to Capital Improvement Maintenance Fund G.O.Refunding Bonds 2011C G.O.Improv bonds 2006A 628,718 Close 2006 Park Referendum Bonds to 2011 Refunded Park Referendum Bonds G.O.Refunding Bonds 2012A G.O.Improv bonds 2005C 310,574 Close 2005 Park Referendum Bonds to 2012 Refunded Park Referendum Bonds Pool Upgrade Expansion Capital Maintenance and Improvement Fund 3,500,000 Transfer CIP's portion of the pool expansion project Improvement Projects 2006 Storm 144,800 Transfer Improvement Projects share of Bluestem Ln Geotechnical project G.O.Improvement Bonds 2008E Flying Cloud Drive 168,000 Transfer Flying Clour Dr Improvement Fund's share of assessments Capital Maintenance and Improvement Fund General Fund 573,435 Transfer amounts above amount needed to maintain fund balance policy CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 21, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.R. Jay Lotthammer, Director of Card Access for Aquatics Center upgrade Parks and Recreation I Requested Action Move to: Approve contract with VTI for installation of electronic controls for card readers and doors at the Community Center for the Aquatic Center upgrade. Synopsis: This project is for electronic control of 40 card readers and doors at the Community Center related to the Aquatics Center upgrade. The readers will be added to the existing citywide security system. The project cost is $ 27,411 dollars. Attachments • VTI Statement of Work • Contract Standard Purchasing Contract This Contract ("Contract") is made on the 21_day of April , 20_15_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and VTI Security , a Minnesota _Company (hereinafter "Vendor") whose business address is 401 west travelers Trail Burnsville, MN 55337 Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for Community center Addition hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Contract shall take precedence over any provisions of the Vendor's proposal and/or general conditions. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by 10-01-2015_Phase C 3. Compensation for Services. City agrees to pay the Vendor [a fixed sum of $ 27411.00 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated VTI Security to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,500,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor's services under this Contract. 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 10. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 11. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor 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. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. 14. Compliance with Laws and Regulations. Vendor is responsible for knowing of and abiding by all statutes, ordinances, rules and regulations pertaining to the type of services provided pursuant to this Contract. 15. Audits and Data Practices. The books, records, documents, and accounting procedures and practices of the Vendor or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements Standard Purchasing Contract 2014.01 Page 2 of 3 as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 16. 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 contract. The violation of this provision renders the contract void. Any federal regulations and applicable state statutes shall not be violated. 17. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 18. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 19. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 20. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager VENDOR By: Its: Standard Purchasing Contract 2014.01 Page 3 of 3 Proposal — Statement of Work This document and all communications related to this proposal are considered confidential and proprietary April 03, 2015 Mark Vandenberghe City of Eden Prairie 1600 Valley View Road Eden Prairie, MN 55346 Re: EP Aquatic Access Control Equipment for Door Changes 4-2-15 Proposal No. 104895 Dear Mark: VTI Security Integrators (VTI) is pleased to provide this proposal for your review and consideration. Our proposal is representative of the necessary technology solutions to effectively serve you with the highest regards to quality in products and installation workmanship. Below please find a detailed project scope, equipment list, pricing summary, and a section covering terms and conditions. Project Scope changes for Aquatic Center project. Additional equipment required for doors due to cable destination changes. Add a 4 door field panel to the first floor equipment room. Power supply changes are also needed to accommodate cable changes. Add one lock power supply. Change auxiliary power supplies to higher amperage. Add door contacts for overhead and one service door. Equipment List Qty Model# Description 1 M2150-4RDR-IPW- M2150 4 Reader Pack,WIM,NIC,Power PACK Supply,Trans 75UL,CAB3 2 AL600ULXPD16CB Power Supply,6A 16 Output -2 AL400ULXPD16CB Power Supply, 16 Outputs, 12/24VDC 1 AL600ULACMCB Power Supply, 12/24VDC,6A, 8 CH ACM,CLASS 2 2 IM-1270 Battery, 12 Volt-7 Amp Hour 1 1078CW-M Recessed Door Contact 3/4",Brown, Wide Gap,Closed Loop 1 2317A-L OH Door Contact Equipment Total $2,921.97 Freight Total $53.03 Tax Exempt $0.00 Total (Tax Not Included- Tax Exempt) $2,975.00 401 West Travelers Trail,Burnsville,MN 55337,P:952-894-5343 F:952-894-0509,www.vtisecurity.com 6770 W.52nd Ave,Unit D,Arvada,CO 80002,P:303-216-2700 F:303-216-2595 207 Sutton Lane,Colorado Springs,CO 80907,P:719-955-0672 F:719-955-0688 11220 West Lapham Street,West Allis,WI 53214,P:262-649-5280 F:262-649-5280 7527 Canyon Drive,Amarillo,TX 79110,P:806-576-4633 F:806-553-5180 Proposal — Statement of Work This document and all communications related to this proposal are considered confidential and proprietary April 14, 2015 Mark Vandenberghe City of Eden Prairie 1600 Valley View Road Eden Prairie, MN 55346 Re: EP Aquatic Center Project Labor Proposal No. 104899 Dear Mark: VTI Security Integrators (VTI) is pleased to provide this proposal for your review and consideration. Our proposal is representative of the necessary technology solutions to effectively serve you with the highest regards to quality in products and installation workmanship. Below please find a detailed project scope, equipment list, pricing summary, and a section covering terms and conditions. Project labor for installation of the access control system for the Community Center Aquatic Center project. Labor include for project: -On site field technician labor -Project management and coordination with other trades. -Engineering documents for the project. -Please note that this quote includes installation of access control equipment provided by VTI. -Card reader door configuration is included in the labor. -This quote does not include installation of door hardware and locks provided by RJM. -VTI will assist with terminations of locks and electric door hardware. $27,132 Project labor quote -$2,696.00 labor paid for in December 2014. $24,436.00 Project labor amount for approval. 401 West Travelers Trail,Burnsville,MN 55337,P:952-894-5343 F:952-894-0509,www.vtisecurity.com 6770 W.52nd Ave,Unit D,Arvada,CO 80002,P:303-216-2700 F:303-216-2595 207 Sutton Lane,Colorado Springs,CO 80907,P:719-955-0672 F:719-955-0688 11220 West Lapham Street,West Allis,WI 53214,P:262-649-5280 F:262-649-5280 7527 Canyon Drive,Amarillo,TX 79110,P:806-576-4633 F:806-553-5180 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings April 21, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Text Amendment for Fence Height Development/Planning Julie Klima/Janet Jeremiah Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance amending Chapter 11.03 to address fence height Synopsis The Minnesota State Building Code was recently revised to allow fences to be constructed to a height of 7 feet without the issuance of a building permit. City Code currently limits the height of fences to 6 feet. Staff is proposing a change to the City Code to provide consistency with the State Building Code and to provide for a streamlined process for property owners wishing to construct a fence that complies with the State Code requirements. Background The proposed amendment revises the City Code to allow fences to be constructed to a height of 7 feet and provides for housekeeping revisions that clarify language regarding general screening requirements. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the code amendment at the March 23, 2015 meeting. Attachments 1. Ordinance 2. Staff Report dated February 23, 2015 3. Staff Report dated March 23, 2015 4. Planning Commission Minutes dated February 23, 2015 5. Planning Commission Minutes dated March 23, 2015 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 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. City Code Chapter 11, Section 11.03, Subd. 3 E. is amended by (a) deleting the phrase, "walls and hedges; (b) placing a period after the word "yard"; (c) deleting the word "except"; (d) capitalizing the word "No"; (e) and deleting the comma and the word ",wall". As amended Paragraph E will read: "E. Fences not over 7 feet in height may occupy any yard. No fence, hedge or other planting, exceeding 30"in height or trees pruned even to a height less than 8 feet shall be permitted where there will be interference with traffic sight distance. " Section 2. City Code Chapter 11, Section 11.03, Subd. 3. G. 4. (1) General Screening is amended by deleting in the second sentence thereof the word"walls" and the phrase "six (6) feet in height". Section 3. 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 4. 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 20 day of April, 2015, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2014. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2015. STAFF REPORT: TO: Planning Commission FROM: Julie Klima, City Planner DATE: February 23, 2015 SUBJECT: Code Change—Fence Height BACKGROUND: The city code allows for fences to be constructed to a maximum height of 6 feet. The construction of any fence over 6 feet in height would require the approval of a variance or waiver. Recently, the Minnesota Building Code was revised to allow fences to be constructed at a height of 7 feet without a obtaining a permit. Revising the City Code requirement for fence height to be consistent with the building code will reduce the need for an additional review process of variance requests for property owners wishing to construct fences at heights that are permitted by the building code. Additionally, with this change, it is likely that the industry standard for fabricated fencing materials available through retail merchants will transition from the current 6 feet to 7 feet. CODE CHANGE: Below are the portions of the City Code that address fence heights. Language that is underlined is proposed for addition. Language that is struckthrough is proposed for deletion. City Code Section 12.03, Subd. 3. Special Requirements E. Fences, walls, hedges not over 6 7 feet in height may occupy any yard except no fence, wall, hedge or other planting exceeding 30" in height or trees pruned even to a height less than 8 feet shall be permitted where there will be interference with traffic sight distance. G.4.(1) General Screening: All parking, loading, service, utility and outdoor storage areas shall be screened from all public roads and adjacent differing land uses. Screening shall consist of any combination of the following: earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge six (6) feet in height. Hedge materials must be at least three (3) feet in height, and trees must be at least twelve (12) feet in height at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of the subsection, density and species of planting shall be such to achieve seventy five percent (75) opacity year round. STAFF RECOMMENDATION: Staff recommends approval of the amendment to Section 12.03, Subd. 3 as represented in the February 23, 2015 staff report. STAFF REPORT: TO: Planning Commission FROM: Julie Klima, City Planner DATE: March 23, 2015 SUBJECT: Code Change—Fence Height BACKGROUND: At its February 23, 2015 meeting, the Planning Commission reviewed a proposed text amendment to increase the maximum height of fences to from 6 feet to 7 feet. The text amendment was proposed in response to a recent change in Minnesota Building Code that would allow fences to be constructed to a height of 7 feet without obtaining a building permit. As a part of its review, the Planning Commission requested that staff provide additional background information. Specific information requested included the rationale for the change to the state building code and any history of requests for overheight fences in Eden Prairie. The Building Official noted that the Minnesota Building Code was revised to allow fences up to 7 feet in height without a permit in order to be in compliance with the International Building Code (IBC). He noted that the referenced justification for the change in the IBC related to security. In the past 10 years, Eden Prairie has received 8 application requests to exceed the 6 foot fence height requirement. Information concerning these requests is summarized in the following table. Zoning District Requested Height Outcome Reason for Request I2 8 feet Denied Dog enclosure Office 12 feet Approved at 7 feet Security I2 8 feet Approved Screen outdoor storage R1-13.5 8 feet Approved Screening needed due to dying hedge R1-9.5 10 feet Approved Screen view of roadway Golf Course 80 feet Approved Protect homes from stray golf balls R1-13.5 11 feet Approved Entry Monument Feature Commercial 14 feet Approved Screen outdoor storage Revising the City Code requirement for fence height to be consistent with the building code will reduce or streamline the need for an additional review process of variance requests for property owners wishing to construct fences at heights that are permitted by the building code. Additionally, with this change, it is likely that the industry standard for fabricated fencing materials available through retail merchants will transition from the current 6 feet to 7 feet. CODE CHANGE: Below are the portions of the City Code that address fence heights. Language that is underlined is proposed for addition. Language that is struckthrough is proposed for deletion. City Code Section 11.03, Subd. 3. Special Requirements E. Fences, walls, hedges not over 6 7 feet in height may occupy any yard except no fence, wall, hedge or other planting exceeding 30" in height or trees pruned even to a height less than 8 feet shall be permitted where there will be interference with traffic sight distance. G.4.(1) General Screening: All parking, loading, service, utility and outdoor storage areas shall be screened from all public roads and adjacent differing land uses. Screening shall consist of any combination of the following: earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge six (6) feet in height. Hedge materials must be at least three (3) feet in height, and trees must be at least twelve (12) feet in height at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of the subsection, density and species of planting shall be such to achieve seventy five percent(75) opacity year round. STAFF RECOMMENDATION: Staff recommends approval of the amendment to Section 11.03, Subd. 3 as represented in the March 23, 2015 staff report. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, FEBRUARY 23, 2015 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Jon Stoltz, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan, Charles Weber, Andrew Pieper STAFF MEMBERS: Julie Klima, City 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. Frank and Kirk were absent. II. APPROVAL OF AGENDA MOTION by Higgins, seconded by Pieper, to approve the agenda. Motion carried 6-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 9, 2015 MOTION by Pieper, seconded by Wuttke, to approve the minutes. Motion carried 4-0; Egan and Stoltz abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. CODE AMENDMENT RELATING TO FENCE HEIGHT by City of Eden Prairie Request to: • Amend City Code relating to the maximum fence height. Planning Commission Minutes February 23, 2015 Page 2 Klima presented this code amendment. She stated the current City Code restricts fence height to 6 feet. The Minnesota Building Code recently revised their height restriction to 7 feet. The City would like to be consistent with this code and staff recommendation is for approval. Chair Stoltz opened the meeting up for public input. There was no input. Wuttke asked if the limitation is 7 feet or could it be higher. Klima said the Planning Commission and City Council can approve a higher fence restriction. In the past, if someone wanted a higher fence, it was first analyzed by staff to see if it is appropriate to ask for a variance request. Chair Stoltz asked if the Commission has ever said no to a variance request. Klima said as long as she has been with the Planning Department she has not seen a variance request turned down. She pointed out Staff will work with the project proponent to fine tune the variance request to a point where it is favorable to city standards. Wuttke asked if there has been any thought on district differences, in regards to fence height. Klima suggested reviewing item G, it addresses general screening. The way it was written, 6 feet was the same for all the districts and 7 feet would be the same. Egan commented even though the State is changing their guideline, Eden Prairie does not necessarily have to follow what they do, as then everyone will be putting up 7 feet fences. Klima said the fences would not be required to go to 7 feet, but they would have an opportunity. Egan said she is concerned with a 7 foot fence and asked it that height is really needed. Klima said this is a request to amend the code to keep it consistent with the Minnesota Building Code. The Commission should discuss if this amendment is appropriate for Eden Prairie. Wuttke said most of the fences are built for 6 feet sections. Klima said with the new restriction for the Minnesota Building Code, she anticipates the fence sections will be built to 7 feet. Wuttke asked if the LRT will need fences and how high they would be. Klima said they have not gotten into that detail yet in regards to the LRT. Wuttke asked if Staff has thought about delineation by districts. Chair Stoltz asked if it was done by zones, would it make it easier for staff. Klima said the issue of height variance has primarily been an issue in the residential areas. Wuttke said he would like to see what has been requested in the past 10 years and to see what other cities are doing. Higgins said she would like more information on this and is not prepared to move forward with this tonight. Pieper also agreed he would like some more background information on this. Planning Commission Minutes February 23, 2015 Page 3 Chair Stoltz said it appears the majority of the Commission would like more information on this topic. MOTION by Wuttke, seconded by Higgins, to recommend a continuance to the March 23, 2015 meeting. Motion carried 6-0. VII. PLANNERS' REPORT No Planners' report. VIII. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT Weber stated the meeting that was held a few weeks ago discussed the design of the stations. The next Community Advisory Meeting will be held on February 24th. IX. CONTINUING BUSINESS No continuing business. X. NEW BUSINESS No new business. XI. ADJOURNMENT MOTION by Weber, seconded by Higgins, to adjourn the meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 7:37 p.m. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,MARCH 23, 2015 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Jon Stoltz, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan, Charles Weber, Andrew Pieper STAFF MEMBERS: Julie Klima, City Planner Rod Rue, City Engineer Lori Creamer, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Frank, Egan, and Wuttke were absent. II. APPROVAL OF AGENDA Klima asked to reverse the order of the two public hearings tonight to discuss the medical cannabis amendment first. Order was changed. MOTION by Kirk, seconded by Weber, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 23, 2015 MOTION by Higgins, seconded by Weber, to approve the February 23, 2015 minutes. Motion carried 4-0-1, Kirk abstained. B. PLANNING COMMISSION MEETING HELD ON MARCH 9, 2015 MOTION by Pieper, seconded by Higgins, to approve the March 9, 2015 minutes. Motion carried 4-0-1,Weber abstained. IV. INFORMATIONAL MEETINGS Planning Commission Minutes March 9, 2015 Page 2 V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. CODE AMENDMENT RELATING TO FENCE HEIGHT by City of Eden Prairie (CONTINUTED ITEM) Request to: • Amend City Code relating to the maximum fence height Klima stated staff presented the proposed amendment at the February 23, 2015 meeting. State building code was at 6 feet for fences and has recently been revised to allow the maximum height to 7 feet without a permit. Staff is proposing the zoning ordinance be amended to comply with the state building code. As a part of that discussion the commission asked for some additional information, specifically some background on why the code was changed at a state level and also some history of recent requests for over height fences within the City of Eden Prairie. Klima spoke with the building official and he stated the change was initiated to match the international building code changes which were for security purposes. Klima stated in the last 10 years there were 8 formal application requests to change the fence heights in a variety of zoning districts including residential, office, industrial and golf course. The majority of the requests were in order to screen outdoor storage or roadways. The requested fence height was generally between 7 and 8 feet, and a bit higher in the golf course zoning district to protect homes and cars for errant golf balls. Klima stated she would be happy to answer any other questions the commission has and the draft code amendment changes were provided in the packet. Stoltz clarified the chart Klima referenced in the staff report was for the past decade. Stoltz asked commissioners if they had any comments. Higgins asked about practice of advisory groups in building trades to take a look at these types of changes. Klima stated she is sure there was an extensive process prior to changing the building code and is confident there was some type of outreach to people in the building trade community as well as local municipalities. Pieper asked why the amendment included the striking out of walls and hedges. Klima stated it was to provide a little more clarity for hedge heights. MOTION by Kirk, seconded by Weber, to close the public hearing. Motion carried 5- 0. Planning Commission Minutes March 9, 2015 Page 3 MOTION by Kirk, seconded by Weber, to approve. Motion carried 5-0. VII. PLANNERS' REPORT A. SW LRT STATION DESIGN OPEN HOUSE There will be an open house on Thursday, April 9, 2015 from 5:30-7:30 pm in the Heritage Rooms, lower level of City Hall. B. EDEN PRAIRIE STATION AREA DESIGN CHARRETTE OUTCOMES SESSION A meeting to discuss the outcomes from the charrette session will be held on Wednesday, April 15, 2015 from 7:30-9:00 am in the Heritage Rooms, lower level of City Hall. Klima stated the commission will receive a follow-up via e-mail confirming those dates and times. VIII. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT Pieper gave a brief update on the recent Community Advisory Committee meeting. Weber and Pieper are the representatives on the committee. SWLRT community works website includes all the agendas, and development update. He wanted to direct the commission to information on TOD areas. He noted that it seems the more we are open to development is the key to a successful TOD area. The website has a lot of good information for commission members to take a look at. The website can be found at www.swlrtcommunityworks.org Klima stated staff can send a link to commission members for review. IX. CONTINUING BUSINESS No continuing business. X. NEW BUSINESS No new business. XI. ADJOURNMENT MOTION by Higgins, seconded by Kirk, to adjourn the meeting. Motion carried Planning Commission Minutes March 9, 2015 Page 4 5-0. :There being no further business, the meeting was adjourned at 7:23 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings April 21, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Text Amendment for Medical Cannabis Development/Planning Distribution Facilities Julie Klima/Janet Jeremiah Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance amending Chapter 11 to define and regulate the use of medical cannabis distribution facilities. Background Recent legislative changes allow for the legal distribution of medical cannabis to qualifying patients in Minnesota beginning July 1, 2015. State law allows for 8 distribution facilities (1 per congressional district) to be located within Minnesota. The City of Eden Prairie was approached by Minnesota Medical Solutions, LLC regarding the potential for locating a medical cannabis dispensary within Eden Prairie. Minnesota Medical representatives provided city staff with an overview of the anticipated business model, including business needs and potential impacts. After considering the information shared by Minnesota Medical in relationship with current zoning ordinance regulations, staff determined that the distribution of medical cannabis is a distinct use that requires individualized regulation. In order to provide clear and consistent regulations, a draft ordinance addressing medical cannabis distribution facilities has been prepared. Minnesota Medical Solutions, LLC has not identified a specific Eden Prairie location in which it desires to operate its business. This amendment provides for proposed language that would allow and regulate the use of medical cannabis distribution facilities. Minnesota law allows for the distribution of medical cannabis in liquid or pill form only and it may only be distributed by licensed pharmacists. While Minnesota law allows for the manufacturing and distribution of medical cannabis to patients with qualifying conditions, federal law has not been modified to allow these activities. This situation is the reason that doctors (who are licensed federally) would not directly prescribe medical cannabis but rather certify that a patient has a qualifying condition making the patient eligible for medical cannabis. The patient then registers the certification with the State in order to receive the medical cannabis. An additional outcome of the federal/state irregularity is that many financial institutions (which are insured federally)prefer to not enter into a business relationship with medical cannabis facilities, thereby prompting the requirement that payments be made in the form of cash or check only, as insurance coverage will not be utilized to cover the costs of medical cannabis. Minnesota Medical explained that its business has several other features that are different from a typical pharmacy type of use. Examples of this include: • Patients will be required to undergo multiple sessions of counseling along with receiving their prescribed doses of medical cannabis. This counseling will allow pharmacy technicians to educate patients on the spectrum of products (differing levels of THC and cannabidiol within the medication) and potential side effects or impacts of the medication. It will also provide communication opportunities for the patient to inform the staff of effectiveness and impacts of the medication as dosage amounts are adjusted to meet the needs of individual patients. • The facilities are not open to the general public. A security guard will be stationed at the front entrance and only the certified patient or their designated caregiver, who is also registered through the State of Minnesota, will be allowed entrance to the facility. The two most active ingredients in medical cannabis are THC and CBD. Minnesota Medical Solutions explained that dependent upon the underlying condition that is being treated in the patient, there is a spectrum of formulary options available that can balance the ingredients or provide a dominant ingredient to treat the underlying condition. For example, products that are THC dominant are often used for chemotherapy related nausea and vomiting, while CBD dominant products are primarily used for epilepsy. Please see the attached information from Minnesota Medical Solutions explaining the formulary spectrum. Minnesota Medical has stated that it expects to operate a facility that is approximately 3,000 to 3,500 square feet in size and anticipates the need for approximately 15 parking stalls, assuming providing service to roughly 80 persons per day,under the current state provisions. CODE CHANGE: The attached draft ordinance provides a definition of medical cannabis distribution facilities, which parallels the language provided in Minnesota Statutes. The draft ordinance goes on to identify the Office and I2 zoning districts as appropriate locations for the distribution of medical cannabis and further identifies performance standards that would be required to be met. These performance standards address issues such as parking standards and generally replicate the standards provided in Minnesota Statute. The parking requirement proposed in the draft ordinance supports the volumes expected with the business model and is consistent with parking requirements for other uses in these zoning districts. The draft ordinance identifies the Office and I2 zoning districts as the appropriate locations for this use due to the ease of access to these areas, as well as recognition that this use is distinctly different from general retail sales open to the public. Retail areas are designed to be inviting and unrestricted spaces. The proposed language would limit the use to distribution of medical cannabis in forms approved by current state law. The manufacturing or production of medical cannabis is prohibited. Additionally, the draft language requires the appropriate security, inspection, and licensing requirements to be met consistent with state law. In the event that state law is revised to expand qualifying conditions or other related provisions, the proposed text would not include these expansions. In that event, the City of Eden Prairie would have the opportunity to further discuss how and if it would be appropriate to address the revised law. State law requires that medical cannabis distribution facilities be located 1,000 feet from a school. Attached for the Council's reference is map depicting those properties in Eden Prairie that are zoned I2 and Office and are beyond 1,000 feet from a school. Background The proposed amendment: • Adds a definition for medical cannabis distribution facility to Sections 11.20 and 11.30 which parallels the language in Minnesota State Law; • Identifies the Office and I2 zoning districts as the appropriate locations for the distribution of medical cannabis; • Provides for performance standards, including parking requirements and generally replicates the standards provided in Minnesota State Law. • The proposed language would limit the use to distribution of medical cannabis in forms approved by current state law and requires the appropriate security, inspection, and licensing requirements to be met consistent with state law. In the event that state law is revised to expand qualifying conditions or other related provisions, the proposed text would not include these expansions. If that were to occur, the City of Eden Prairie would have the opportunity to further discuss how and if it would be appropriate to address the revised law. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the code amendment at the March 23, 2015 meeting. Attachments 1. Formulary Spectrum Handout 2. Ordinance 3. Staff Report dated March 23, 2015 including map attachments 4. Map of possible locations 5. Planning Commission Minutes dated March 23, 2015 Medical Cannabis Formulary Spectrum Medical Cannabis Formulary Spectrum Our Formulary Spectrum Which Products are Right for Which Patients? Sa;Z As with most medications,understandingthe patient's underlying Cannabis can have a variety of effects on each p Y 9 condition and .... r' A other needs will helpMinnesota Medical Solutions recommend the best roduct for individualpatienk,soatMinnesotaMedical .�.,..�ti�. - p Solutions we believe in careful counseling and '" '"' each individual patient For instance,THC-predom i nate products are most often used forhemothera related nausea and vomiting,buthi high-CBD roducts are preparation for cannabis-naive patients.We chemotherapy-related 9 p provide the two most common varieties of m o-st often used for epilepsy. cannabis,indica and saliva,as well as a blend • of the two most common active ingredients in THC Dominant Products that are predominantly cannabis,THC and CBD.Together,these 1.11.1111111 THC,with a small component of CBD to reduce side Red Grange chemicals have greater effect than if ad minis- effects.While very potent THC preparations are see.u,, raw+ tered alone,in fact CBD ameliorates many of available,side effects are dose-related and by limiting the side effects commonly experienced by the maximum percentage ofTHC in our products,we users ofTHC. In our spectrum of cannabis aim to minimize the risks of side effect and inadvertent derivatives,a small CBD percentage will be over medication. incorporated into the THC-dom i nate products IP BalatncedTHC:CBD Using a balance of THC and Yellow Green to minimize side effects. CBD may give the patient the best of both worlds. A saliva IndKa balanced ratio is currently used in a number of pharma- THCDominant Balanced THC:CBD CBD Dominant ceutical products and has demonstrated benefits for many patients worldwide. Red Orang..- Yellow Green Blue Violet CBD Dominant Recently,demand for 5a:tiva indica Sativa indica 5at;va Indira CBD-dominant products have skyrocketed after recent Blue Violet research has shown the diverse range of medical Saba mix., benefits this chemical offers for inflammatory condi- tions and epilepsy. One of the primary advantages is that CBD is not psychoactive,so patients can use their medication without fear of mental limitations or other side effects.Our CBD formulations may exceed a 20:1 CBD/THC ratio. THC=69-tetrahydrocannabinol CBD=cannabidiol This chemical produces the mental This compound produces medicinal OtherCannabinoids There are many other chemicals present in cannabis effects of cannabis,commonly referred effects without psychoactivity. that are meaningful from a medical standpoint The Minn Med spectrum will be to as"high`: In the past,THC was the Historically,this less-desired chemical expanded over the coming months and years to include CPN,CBC,CBG and many most desired chemical within the was nearly nonexistent within popular others.These formulations will simply be cannabis plant and strains have been cannabis strains,but more recently its represented by another color on the spectrum. bred to maximizeTHC content ranging medical potential has brought CBD to As the MinnNled offerings increase,additional 4 Minnesota ' From 4-35%. the forefront of cannabis research. identifiers will be added to the valor system. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.20 AND 11.30 RELATING TO MEDICAL CANNABIS; 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. City Code Chapter 11, Section 11.20 is hereby amended by inserting a new Subdivision 4 to read as follows: Subd. 4. Medical Cannabis. A. Findings and Purpose. The Minnesota Legislature in Minn. Stat. §152.22 through §152.37 has legalized the distribution of medical cannabis with significant restrictions. The Council finds that it is appropriate to identify in the City Code the zoning districts in which a medical cannabis distribution facility is an allowable use. The Council finds that as a unique and highly regulated use medical cannabis distribution requires specific regulations. B. Definitions. All definitions set forth in Minn. Stat. 152.22 through 152.37 and Minn. Rules Chap. 4770, as each may be amended from time to time apply to this Subdivision. In addition, as used in this Subdivision, the following term shall have the meaning stated: 1. Medical Cannabis Distribution Facility ("Facility") is a "Distribution Facility" as defined by Minn. Rule 4770.0200, Subp. 13 as in effect as of May 30, 2014. C. Permitted Use. Medical Cannabis Distribution Facility is a permitted use in the OFC Office District subject to the restrictions contained in this Subdivision. D. Performance Standards. All Medical Cannabis Distribution Facilities shall comply with all of the following performance standards. 1. Distribution shall be permitted only for the Qualifying Medical Conditions defined in Minn. Stat. 152.22, Subd. 14 in effect as of May 30, 2014. 2. The use shall comply with all provisions in Minn. Stat. 152.22 through 152.37 and Minn. Rules Chap. 4770 as each may be amended from time to time, including but not limited to the following: i. Security requirements set forth in Minn. Stat. 152.29, Subd. 1 (d) and Minn. Rules Chap 4770.0700, 4770.0900, 4770.1000 and 4770.1400. ii. Prohibition against sharing space or a financial relationship with a health care practitioner set forth in Minn. Stat. 152.29, Subd. 1 (e). iii. Prohibition against consumption of medical cannabis on the property set forth in Minn. Stat. 152.29, Subd. 2 (f). iv. Inspections imposed pursuant to Minn. Stat. 152.29, Subd. 2 (g). v. Personnel regulations, including prohibition against employing any person under the age of 21 and required background checks, set forth in Minn. Stat. 152.29, Subd. 2 (i). vi. Prohibition against operation within 1000 feet of a school set forth in Minn. Stat. 152.29, Subd. 2 (j) and Minn. Rule 4770.0600. vii. Licensing requirements set forth in Minn. Stat. 152.29, Subd. 3. viii. Prohibition against any displays of merchandise, interior signs, or other exhibits which are visible from outside of the Facility set forth in Minn. Rule 4770.0800, Subp 3. 3. No manufacture or production of Medical Cannabis shall be permitted at the Facility. 4. No drive-thru shall be permitted at the Facility. 5. In lieu of the "Off-Street Parking Facilities" provisions set forth in City Code Section 11.03, Subd. 3 H., off street parking facilities located at the Facility shall provide a minimum of 5 parking spaces per 1,000 square feet of gross floor area. 6. Annually, within 15 days of receipt, a copy of the registration required by Minn. Stat. 152.25, Subd. 1 shall be provided to the Chief of Police. Section 2. City Code Chapter 11, Section 11.30 is hereby amended by inserting a new Subdivision 4 to read as follows: A. Findings and Purpose. The Minnesota Legislature in Minn. Stat. §152.22 through §152.37 has legalized the distribution of medical cannabis with significant restrictions. The Council finds that it is appropriate to identify in the City Code the zoning districts in which a medical cannabis distribution facility is an allowable use. The Council finds that as a unique and highly regulated use medical cannabis distribution requires specific regulations. B. Definitions. All definitions set forth in Minn. Stat. 152.22 through 152.37 and Minn. Rules Chap. 4770, as each may be amended from time to time apply to this Subdivision. In addition, as used in this Subdivision, the following term shall have the meaning stated: 1. Medical Cannabis Distribution Facility ("Facility") is a "Distribution Facility" as defined by Minn. Rule 4770.0200, Subp. 13 as in effect as of May 30, 2014. C. Permitted Use. Medical Cannabis Distribution Facility is a permitted use in the I-2 Industrial Park District as identified on the Zoning Map of the City of Eden Prairie subject to the restrictions contained in this Subdivision. D. Performance Standards. All Medical Cannabis Distribution Facilities shall comply with all of the following performance standards. 1. Distribution shall be permitted only for the Qualifying Medical Conditions defined in Minn. Stat. 152.22, Subd. 14 in effect as of May 30, 2014. 2. The use shall comply with all provisions in Minn. Stat. 152.22 through 152.37 and Minn. Rules Chap. 4770 as each may be amended from time to time, including but not limited to the following: i. Security requirements set forth in Minn. Stat. 152.29, Subd. 1 (d) and Minn. Rules Chap 4770.0700, 4770.0900, 4770.1000 and 4770.1400. ii. Prohibition against sharing space or a financial relationship with a health care practitioner set forth in Minn. Stat. 152.29, Subd. 1 (e). iii. Prohibition against consumption of medical cannabis on the property set forth in Minn. Stat. 152.29, Subd. 2 (f). iv. Inspections imposed pursuant to Minn. Stat. 152.29, Subd. 2 (g). v. Personnel regulations, including prohibition against employing any person under the age of 21 and required background checks, set forth in Minn. Stat. 152.29, Subd. 2 (i). vi. Prohibition against operation within 1000 feet of a school set forth in Minn. Stat. 152.29, Subd. 2 (j) and Minn. Rule 4770.0600. vii. Licensing requirements set forth in Minn. Stat. 152.29, Subd. 3. viii. Prohibition against any displays of merchandise, interior signs, or other exhibits which are visible from outside of the Facility set forth in Minn. Rule 4770.0800, Subp 3. 3. No manufacture or production of Medical Cannabis shall be permitted at the Facility. 4. No drive-thru shall be permitted at the Facility. 5. In lieu of the "Off-Street Parking Facilities" provisions set forth in City Code Section 11.03, Subd. 3 H., off street parking facilities located at the Facility shall provide a minimum of 5 parking spaces per 1,000 square feet of gross floor area. 6. Annually, within 15 days of receipt, a copy of the registration required by Minn. Stat. 152.25, Subd. 1 shall be provided to the Chief of Police. Section 3. 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 4. 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 day of , 2015, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2015. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2015. STAFF REPORT: TO: Planning Commission FROM: Julie Klima, City Planner DATE: March 23, 2015 SUBJECT: Code Change—Medical Cannabis Distribution Facilities BACKGROUND: Attached is a draft ordinance defining and regulating the use of medical cannabis distribution facilities. Recent legislative changes allow for the legal distribution of medical cannabis to qualifying patients in Minnesota beginning July 1, 2015. State law allows for 8 distribution facilities (1 per congressional district) to be located within Minnesota. The City of Eden Prairie was approached by Minnesota Medical Solutions, LLC regarding the potential for locating a medical cannabis dispensary within Eden Prairie. Minnesota Medical representatives provided city staff with an overview of the anticipated business model, including business needs and potential impacts. After considering the information shared by Minnesota Medical in relationship with current zoning ordinance regulations, staff determined that the distribution of medical cannabis is a distinct use that requires individualized regulation. In order to provide clear and consistent regulations, a draft ordinance addressing medical cannabis distribution facilities has been prepared. Minnesota law allows for the distribution of medical cannabis in liquid or pill form only and it may only be distributed by licensed pharmacists. While Minnesota law allows for the manufacturing and distribution of medical cannabis to patients with qualifying conditions, federal law has not been modified to allow these activities. This situation is the reason that doctors (who are licensed federally) would not directly prescribe medical cannabis but rather certify that a patient has a qualifying condition. The patient then registers the certification with the State in order to be eligible to receive the medical cannabis. An additional outcome of the federal/state irregularity is that many financial institutions (which are insured federally)prefer to not enter into a business relationship with medical cannabis facilities, thereby prompting the requirement that payments be made in the form of cash or check only, as insurance coverage will not be utilized to cover the costs of medical cannabis. Minnesota Medical explained that its business has several other features that are different from a typical pharmacy type of use. Examples of this include: • Patients will be required to undergo multiple sessions of counseling along with receiving their prescribed doses of medical cannabis. This counseling will allow pharmacy technicians to educate patients on the spectrum of products (differing levels of THC and cannabidiol within the medication) and potential side effects or impacts of the medication. It will also provide communication opportunities for the patient to inform the staff of effectiveness and impacts of the medication as dosage amounts are adjusted to meet the needs of individual patients. • The facilities are not open to the general public. A security guard will be stationed at the front entrance and only the certified patient or their designated caregiver, who is also registered through the State of Minnesota, will be allowed entrance to the facility. Minnesota Medical has stated that it expects to operate a facility that is approximately 3,000 to 3,500 square feet in size and anticipates the need for approximately 15 parking stalls, assuming providing service to roughly 80 persons per day,under the current state provisions. CODE CHANGE: The attached draft ordinance provides a definition of medical cannabis distribution facilities, which parallels the language provided in Minnesota Statutes. The draft ordinance goes on to identify the Office and I2 zoning districts as appropriate locations for the distribution of medical cannabis and further identifies performance standards that would be required to be met. These performance standards address issues such as parking standards and generally replicate the standards provided in Minnesota Statute. The parking requirement proposed in the draft ordinance supports the volumes expected with the business model and is consistent with parking requirements for other uses in these zoning districts. The draft ordinance identifies the Office and I2 zoning districts as the appropriate locations for this use due to the ease of access to these areas, as well as recognition that this use is distinctly different from general retail sales open to the public. Retail areas are designed to be inviting and unrestricted spaces. The proposed language would limit the use to distribution of medical cannabis in forms approved by current state law. The manufacturing or production of medical cannabis is prohibited. Additionally, the draft language requires the appropriate security, inspection, and licensing requirements to be met consistent with state law. In the event that state law is revised to expand qualifying conditions or other related provisions, the proposed text would not include these expansions. In that event, the City of Eden Prairie would have the opportunity to further discuss how and if it would be appropriate to address the revised law. State law requires that medical cannabis distribution facilities be located 1,000 feet from a school. Attached for the Commission's reference is map depicting those properties in Eden Prairie that are zoned I2 and Office and are beyond 1,000 feet from a school. Representatives from Minnesota Medical will be present at the March 23, 2015 meeting to present additional information and answer questions. STAFF RECOMMENDATION: Staff recommends approval of the amendment to Section 11.20 and 11.30 as represented in the attached draft ordinance. • Ig ;,oit�c•P= - :_, yt.;`�1 ...=v... -a•, ■.i�l■■ki ■ - -1,1 1,•iigAlritc.,,,,; -,.:11.•'-','.31,'4,4 1.11eArr yirepu ;•1.„, 1 , - ''(_....4411ditallititlyi," \,/�■ _ F ,:i) ,.fir, ; p i-:..,,R,:00 pm ttir Ill .4"AT:id FII ' ,,.. il�G 1 ill t •., : , �It -\\1 �. RD Mk/ .1 ■1� , �� .� Ili '� 41u _ :� it .wl �5; �ilip 1 all2IP MIME � , . .:�; .,�,`� .':.mow .�; �ii ►, In /III :ill" r; . Awl 1— t lep op . �. 1 .?-��t-1� 'r 171 ll�� /n:,,,,,,,:...... �� 111� Jr �1�� [ � IV\1-.Imp ill►_.: 'r-� ti rrla-. +r■I ►%Ir►i` �� L i .:,:,...„ .r. � e. 1 ��F��7r� ova III, tl . ,‘17��; iit. .„1 ....46V!;::::;No:Ip.!....f;!!1.\ % e" r ..vc.,;....,.....„.„ .1;._-. :7:(,,,,_, ,-.- .; ':,F,,, 4ie ,..,!-,3 ,m„ ,v1 i1 ® :: ' _Ali / is CC `= RD ems .1 \4 t;,,i57.,-. n Dw � �'igiu- .p � :. i�:�4.•.1\\\ I' I. � 111 IIIIV( ,., ....... N: 10,..,,,p.. ...... ::,„1.:.:1.11,,,,454,,,.i,,..2_:,:,..i ..;._ if !FA..,. re !l .. . t� !I III .,• . IIiPD /" � ,wit ,v1„ ,5_,.. „..,, ,"..._--) 11 11 ..// f. ` RD _ ,.�� a w ,�� ♦[ r...lgii'''.=::::V ufir.g �C�4 III i�np. Ell _ ` ■RD / yl_ill /i� :±.1. i111i';"'• ,........ raft f . 1 /7,„,„ ( 111 r: �dJ n 1_� l � 1` 7 .0 I C , �tl ��a n - 1� �- I �` it _ r ..L �: �111 / ............................ �.., � � . I%///GIIIII 1��.��llll IJ� • ti � r 1�`.,i\.>...C•' �1■II��%:i°' it • �� ♦�qi "l♦ ( J 1 11�u `ti��Y �'�.ot -' LI-- 1.. ill /1 4' Ir k, . SIim 64L'I'41; •„ —wr - Ilrill., IIIIler. �r�� fihimr• L�t_.:I. 1. .. ►.ice,..;:.:__. -alum ill„;. �� IIIII 44. N I A . 1000'Buffer around Schools K-12 n<all other values> Office =TC-MU 1. Eden Prairie Early Education Center =Rural =Neighborhood Commercial -Industrial Park-2 Acre Min, 2. Prairie View Elementary } n R1-44 One Family-44,000 sf.min. Community Commercial Industrial Park-5 Acre Min. 3. Forest Hills Elementary '/ t ' 77R1-22 One Family-22,000sf min. [1 Highway Commercial General Industrial-5Acre Min. 4• Cedar Forest Elementary EDEN 5. Eden Lake Elementary n [1 R1-13.5 One Family-13,500 sf min. Regional Service Commercial=Public n R1-9.5 One Family-9,500 sf min. n Regional Commercial =Golf Course 6. Oak Point n RM-6.5 Multi-Family-6.7U.P.A.max. n TC-C 1 Water 7. Central Middle School PRAIRIE n RM-2.5 Multi-Family-17.4U.P.A.max.n TC-R n RightofWay 8. Eden Prairie High School Q 1000ft Buffer .I.is ��:;• k=a'• 9. Eagle Ridge Academy 10. International School n I I I I I I I 0 2,950 5,900 11,800 Feet APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,MARCH 23, 2015 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Jon Stoltz, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan, Charles Weber, Andrew Pieper STAFF MEMBERS: Julie Klima, City Planner Rod Rue, City Engineer Lori Creamer, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Frank, Egan, and Wuttke were absent. II. APPROVAL OF AGENDA Klima asked to reverse the order of the two public hearings tonight to discuss the medical cannabis amendment first. Order was changed. MOTION by Kirk, seconded by Weber, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 23, 2015 MOTION by Higgins, seconded by Weber, to approve the February 23, 2015 minutes. Motion carried 4-0-1, Kirk abstained. B. PLANNING COMMISSION MEETING HELD ON MARCH 9, 2015 MOTION by Pieper, seconded by Higgins, to approve the March 9, 2015 minutes. Motion carried 4-0-1,Weber abstained. IV. INFORMATIONAL MEETINGS Planning Commission Minutes March 9, 2015 Page 2 V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. CODE AMENDMENT TO ADDRESS MEDICAL CANNABIS DISPENSARY by City of Eden Prairie Request to: • Amend City Code to define and provide regulations for medical cannabis distribution facilities. Klima stated with the recent legislative changes which will allow medical cannabis to be distributed in Minnesota starting July of 2015, city staff was approached by Minnesota Medical solutions inquiring about the potential of locating a dispensary facility within the city of Eden Prairie. Representatives spoke with staff and explained what their business model was all about. City staff compared the information with current regulations in city code and staff determined the use is very individualized and would require some additional definition and provision within the city code. The request before the commission tonight is a draft text amendment that does allow for the definition of what a medical cannabis dispensary is. The proposed definition parallels the language and information in state law for a medical cannabis distribution facility. It also identifies the areas within the city that would be acceptable locations for a medical dispensary. Those areas are the office zoning district and I-2 zoning district. In addition the proposed amendment includes performance standards such as parking, licensing and security; many of which are also outlined in the state law. The draft ordinance mirrors state law, specifically to the extent that it defines the law as it currently is in place; therefore if the law changes to expand the patient availability or other issues, it would require the city of Eden Prairie to take a look at the possibility of revising its city code language. Representatives from Minnesota Medical are here tonight to share information regarding a facility such as this. Stoltz clarified the decision tonight is not to approve a specific site but, instead where this type of business could be located in Eden Prairie if they so choose. Klima stated the amendment before you tonight is not if it is going to happen or a specific site, it is providing for regulations in city code that would address it in the future. Stoltz asked commission members if they had any questions. There were no questions. Stoltz addressed the audience asking for public input. Planning Commission Minutes March 9, 2015 Page 3 Kyle Kingsley, a physician currently living in south west Minneapolis, has been practicing emergency medicine in Shakopee for about 8 years. Kingsley is the CEO of Minnesota Medical Solution. He provided the commission with more information about the company and the plans they have for the future. He wanted to be absolutely clear they are not going to put together anything like Colorado or California. He noted they are a group of physicians, scientist's, health care providers, pharmacists and other members of the community who have put together a different model for cannabis as medicine. The current model seen nationally he sees as disturbing and they are looking to do something different. He wanted to note how this model is different. There are a few ways; their focus is helping patients, which is a universal focus, however the way they plan to help patients is different than the national standard. One of the things they will be focusing on is quality. They are making pharmaceutical grade medications in Otsego, MN, harvesting in bulk and formulating medicines for the first time. On the dispensary side they want to build a model that their team would be comfortable having next to their house. It will be a very nice specialty or medical clinic only accessible to patient, parents and care givers. The facility will be fully staffed with pharmacy technicians,pharmacists and security that is over the top. The facility will comply with Minnesota statues and whatever other guidelines the commission comes up with tonight. Stoltz asked Kingsley to walk through the process of a patient coming to a clinic. Kingsley stated as a new patient the first step is for the patient to become certified through a physician who is comfortable certifying a person with a qualifying condition. There are strict guidelines to become certified in the state of Minnesota. Once certified by a physician, the patient would then be registered with the state. The patient would then have to provide additional information to the state and then the request is either approved or denied. In order to enter the dispensary you have to be a patient or parent/caregiver of a patient. The patient steps into a mantrap vestibule where the patient's photo identification is checked through a window. Once verified, they would enter into a waiting room where they would be greeted by a pharmacy technician who would bring them into a private room. All medications will be stored in a vault which results in a low crime potential. Once the patient has talked with the pharmacy tech, the patient is then ready to check out with a pharmacist who will dispense the medication. Security is present at all times including 9 camera systems both inside and outside the building. Vaulting and inventory checks are completed throughout the day. Stoltz asked what the screening process is for employees to work at a facility such as this. The industry standard is someone with personal experience with cannabis and a thorough background check. We are taking that a step further and are hiring pharmacy technicians that are going through our training program. The candidate must also be patient focused and buy into the model. Stoltz asked commissioners if they had any questions for Mr Kingsley. Planning Commission Minutes March 9, 2015 Page 4 Stoltz asked if there was anyone in the audience who wanted to speak at the public hearing. There were none. MOTION by Weber, seconded by Kirk, to close the public hearing. Motion carried 5-0. MOTION by Weber, seconded by Higgins, to approve. Motion carried 5-0. VIII. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT Pieper gave a brief update on the recent Community Advisory Committee meeting. Weber and Pieper are the representatives on the committee. SWLRT community works website includes all the agendas, and development update. He wanted to direct the commission to information on TOD areas. He noted that it seems the more we are open to development is the key to a successful TOD area. The website has a lot of good information for commission members to take a look at. The website can be found at www.swlrtcommunityworks.org Klima stated staff can send a link to commission members for review. IX. CONTINUING BUSINESS No continuing business. X. NEW BUSINESS No new business. XI. ADJOURNMENT MOTION by Higgins, seconded by Kirk, to adjourn the meeting. Motion carried 5-0. :There being no further business, the meeting was adjourned at 7:23 p.m. CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Hearings Apr 21, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Rick Wahlen Public Hearing Concerning Eden Prairie's Well Public Works/Utilities Head Protection Plan Requested Action Move to: • Close the Public Hearing; and • Adopt the City of Eden Prairie Wellhead Protection Plan Synopsis Eden Prairie and all other public water supply systems are required by Minnesota Department of Health to maintain a program which protects the public water supply from contamination. Each city's program is designed specifically for the conditions and the environment in the areas surrounding each water well, and to ensure community growth and expansion do not negatively impact the city's water supply, the plan must be updated every 10 years. The two-year update process has resulted in the formulation of a document which prescribes the city's plan to protect the public drinking water. This plan is offered to the public for comment before submitting to the state for approval. Background Information Eden Prairie's Well Head Protection Plan (WHPP) incorporates the latest science of geology, incorporating digital modeling of our underground aquifer systems. The scientific method of study and modeling conducted jointly with the Minnesota Department of Health, included the science of`fracture flow' which identifies cracking in the Prairie du Chien formation of our aquifer. The outcome of this study was a vastly larger Drinking Water Supply Management Area (DWSMA) that extends into our neighboring towns to the north. Eden Prairie's WHPP now shared with Minnetonka, Shoreview, and Excelsior, must be managed jointly. Part 2 of the plan provides the methodology by which the aquifer system will be protected in a cooperative manner with our sister cities who are likewise including much of the same real-estate in their respective well head protection plans. The document prescribes goals, objectives, plans of action, and refers to the city's water emergency and conservation plan for water supply contingencies and emergencies. Attachment Well Head Protection Plan, Part 2 (Note: Tables&figures can be viewed online at http://www.edenprairie.org/Home/Components/Calendar/Event/4383/17) St .Cro ix Environmental Inc. Brvironmenial Man2gemen Consu0.ing WELLHEAD PROTECTION PLAN - PART II (DRAFT FOR REVIEW) CITY OF EDEN PRAIRIE PWSID 1270010 Prepared for: City of Eden Prairie 14100 Technology Drive Eden Prairie, MN 55344-2230 Prepared by: DISCLAIMER: St.Croix Environmental, Inc. SOME FORMATTING CHANGES MAY HAVE OCCURRED WHEN 3363 Pioneer Place THE ORIGINAL DOCUMENT WAS PRINTED TO PDF;HOWEVER, Stillwater,MN 55082 THE ORIGINAL CONTENT REMAINS UNCHANGED. March 27, 2015 Kevin J. Miller Principal Hydrogeologist Table of Contents 1.0 INTRODUCTION 1 1.1 Background 1 1.2 Description of the Public Water Supply System 1 1.3 Description Drinking Water Supply Management Area (DWSMA) 2 2.0 PHYSICAL ENVIRONMENT DATA ELEMENTS 4 2.1 Precipitation 4 2.2 Geology 5 2.3 Soils 6 2.3.1 Soil Types and Infiltration Characteristics 6 2.3.2 Erosion and Sedimentation 6 2.4 Water Resources 7 2.4.1 Watershed Units 7 2.4.2 Public Waters and Wetlands 8 2.4.3 Floodplain Area 8 3.0 LAND USE DATA ELEMENTS 10 3.1 Current Land Use 10 3.2 Potential Contaminant Source Inventory 11 3.2.1 Potential Class V Well Inventory 12 3.2.2 Non-Municipal Water Supply Wells 13 3.2.3 Known Release Sites 13 3.2.4 Registered Storage Facilities 13 3.2.5 Individual Sewage Treatment Systems 14 3.2.6 Registered Hazardous Waste Generators 14 3.3 Public Utility Services 14 3.3.1 Transportation Routes 14 3.3.2 Stormwater Collection System 15 3.3.3 Sanitary Sewer System 15 3.3.4 Pipeline Systems 15 3.3.5 Public Drainage Systems 16 3.3.6 Municipal Water System 16 4.0 DATA ELEMENTS ABOUT QUANTITY 17 4.1 Surface Water Quantity 17 4.2 Groundwater Quantity 17 5.0 DATA ELEMENTS ABOUT WATER QUALITY 19 1 5.1 Surface Water Quality 19 5.2 Groundwater Quality 19 6.0 IMPACT OF CHANGES ON PUBLIC WATER SUPPLY 20 6.1 Physical Environment 20 6.2 Land Use 20 6.3 Surface Water 20 6.4 Groundwater 20 6.5 Expected Changes in Water Use 21 6.6 Influence of Existing Water and Land Government Programs and Regulation 21 6.7 Administrative, Technical, and Financial Considerations 22 7.0 ISSUES, PROBLEMS, AND OPPORTUNITIES 23 7.1 Source Water 23 7.2 Well Water 24 7.3 Drinking Water Supply Management Area 24 7.4 Problems and Opportunities Disclosed at Public Meeting and in Written Comment 24 7.5 Data Elements 25 7.6 Status and Adequacy of Official Controls, Plans, and Other Local, State, and Federal Programs on Water and Land Use 25 8.0 WELL HEAD PROTECTION GOALS 26 9.0 OBJECTIVES AND PLANS OF ACTION 27 9.1 Potential Contaminant Source Inventory (PCSI) Database Verification 27 9.2 Raise Well Owner Awareness about Well Maintenance 28 9.2 Promote the Sealing of Unused or Abandoned Wells 29 9.3 Monitor the Installation of High Capacity Wells 29 9.4 Inventory and Management of Storage Tanks 29 9.5 Manage Individual Sewer Treatment Systems (ISTS) 30 9.6 Manage Potential Class V Wells 31 9.7 Inventory Known Leak and Spill Sites 31 9.8 Inventory Registered Hazardous Waste Generators 32 9.9 Municipal Planning and Zoning 32 9.10 Stormwater Pollution Protection 33 9.11 Public Education and Information 33 9.12 Collaborative Source Water Protection 34 10.0 PROGRAM EVALUATION 36 11.0 ALTERNATIVE WATER SUPPLY/ CONTINGENCY STRATEGY 37 2 12.0 ACKNOWLEDGEMENTS 38 LIST OF TABLES Table 1 Potential Class V Wells Verified Locations Table 2 Private Wells Verified Locations Table 3 Known Release Sites Table 4 Registered Storage Facilities Table 5 Hazardous Waste Generators LIST OF FIGURES Figure 1 Wellfield Location Map Figure 2 DWSMA Vulnerability Figure 3 Soil Map Figure 4 Soil Erosion Risk Map Figure 5 Parcel Map Figure 6 Land Use Map Figure 7 Zoning Map Figure 8 Political Boundary Map Figure 9 Potential Class V Well Locations Figure 10 Non-Municipal Well Locations Figure 11 Known Release Sites Figure 12 Registered Storage Facilities Figure 13 Individual Sewage Treatment Systems Figure 14 Registered Hazardous Waste Generators Figure 15 Stormwater Collection System Figure 16 Sanitary Sewer System Figure 17 Public Drainage System Map LIST OF APPENDICES Appendix A Correspondence with Minnesota Department of Health Appendix B Neighboring Community Data 3 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 ACRONYMS AST —Aboveground Storage Tank CJ - Jordan DWSMA— Drinking Water Supply Management Area EMZ— Emergency Management Zone LMRWD - Lower Minnesota River Watershed District LUST — Leaking Underground Storage Tank MCL — Maximum Contamination Level MDH — Minnesota Department of Health MGD — Million Gallons Per Day MGY— Million Gallons Per Year MPCA— Minnesota Pollution Control Agency NMCWD - Nine Mile Creek Watershed District OPC — Prairie du Chien PCSI — Potential Contaminant Source Inventory RPBCWD — Riley-Purgatory-Bluff Creek Watershed District UST— Underground Storage Tank VIC —Voluntary Investigation and Cleanup Program WHP —Wellhead Protection WHPA—Wellhead Protection Area WHPP —Wellhead Protection Plan Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 1.0 INTRODUCTION 1.1 Background This Part 2 Wellhead Protection Plan (Plan) was prepared, in accordance with Minnesota Rule Chapter 4720.5400, and the January 12, 2012 and November 27, 2013 Minnesota Department of Health (MDH) Scoping Decision Notice Nos. 1 and 2 (Appendix A). This follows the July 30, 2013 Part 1 "WHPP for the City of Eden Prairie". 1.2 Description of the Public Water Supply System The Eden Prairie Wellfield is located in Hennepin County, Minnesota in the southwestern portion of the Minneapolis-St. Paul Metropolitan area. The City occupies an area bounded on the south by the Minnesota River, by Bloomington and Edina on the east, by Minnetonka on the north, and by Chanhassen on the west (Figure 1). 2012 Census Data show a population of 62,258 residents. The City currently utilizes fifteen wells (numbered 2 through 16) under Permit No. 1978-6175. Well Number 1 has been abandoned due to its location in the Highway 312 right-of-way. The annual permitted withdrawal is 3,450 million gallons of water at a maximum pumping rate of 22,650 gallons per minute. The water plant capacity is 28 million gallons per day. Available storage includes two ground reservoirs (2.0 and 3.5 million gallons) and two elevated tanks (1.0 and 1.75 million gallons). Total available system storage is 8.25 million gallons. The City of Eden Prairie public water supply system currently uses and relies upon the Prairie du Chien (OPDC) and Jordan (CJDN) Aquifer. Municipal Wells Nos. 2 through 6 and 11 through 16 are completed in the Prairie du Chien/Jordan aquifer and range in depth from 381 to 420 feet deep. Geological records from these wells do not indicate the presence of substantial thicknesses of hydraulically confining material between the top of the aquifer and the ground surface. Water samples collected from city wells completed in this aquifer in 2001 (notably Well 13) contained detectable levels of tritium. The presence of tritium indicates that the water in this aquifer was likely recharged by infiltration from the ground surface since 1953. Municipal Well Nos. 7, 8, 9 and 10 are completed in the Jordan Sandstone at depths between 383 and 405 feet. The Prairie du Chien uniformly covers the Jordan, according to the geological 1 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 records associated with each of the well construction logs. The presence of fine-grained material above the Prairie du Chien is documented in the geologic records from some of the wells, but is not believed to be laterally extensive. Water samples collected from three of these wells (Wells 7, 9 and 10) in 2001 also contained detectable levels of tritium. The Jordan Aquifer is likely recharged by leakage from the Prairie du Chien, which is subject to recharge by infiltration of local precipitation and snow melt and by leakage from overlying saturated materials. 1.3 Description Drinking Water Supply Management Area (DWSMA) The Drinking Water Supply Management Area (DWSMA) was first delineated in the City's 2002 Wellhead Protection Plan (WHPP). Since that time two additional municipal water wells (Nos. 15 and 16) have been installed and brought on line. Additionally, a better understanding of the Prairie du Chien-Jordan Aquifer and the aquifer's vulnerability had been gained. A revised Wellhead Protection Area (WHPA) and associated Drinking Water Supply Management Area (DWSMA) were determined, incorporating this new information. The results were presented in the July 30, 2013 "WHPP for the City of Eden Prairie". The new groundwater model, based upon the "Twin Cities Metropolitan Area Groundwater Flow Model", resulted in a larger WHPA and DWSMA extending further beyond Eden Prairie's Municipal boundaries, not only into the City of Minnetonka (as before) but also into Chanhassen, Deephaven, Excelsior, Greenwood and Shorewood (Figure 2). With regard to the vulnerability assessment, geologic maps of the Eden Prairie area indicated there is either a till unit, or the basal St. Peter, or both present over most of the DWSMA. Each of these units provides some degree of natural geologic protection. However, tritium concentrations suggest that either flow to the wells circumvents the areas of natural protection, or there are unknown areas in which the protective areas are absent. All of the city's wells, therefore, are considered vulnerable. In addition, the following criteria were used to determine the vulnerability of the City's DWSMA: 1) Areas of very low geologic sensitivity but tritium present should be of low vulnerability; 2) Areas of low geologic sensitivity but tritium present should be of moderate vulnerability; and 3) Areas of moderate geologic sensitivity but tritium present should be of high vulnerability. 2 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 The Emergency Management Zone (EMZ) is that area immediately surrounding the City's groundwater wells. The results of the vulnerability assessment classify the area of the EMZ as either low or moderately vulnerable. No areas in the EMZ have been classified as highly vulnerable. 3 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 2.0 PHYSICAL ENVIRONMENT DATA ELEMENTS In accordance with Minnesota Rule Chapter 4720.5400, and the January 12, 2012 and November 27, 2013 Minnesota Department of Health (MDH) Scoping Decision Notice Nos. 1 and 2, the following section discusses the required data elements for this Plan. In summary, the required data elements included information relating to precipitation, geology, soils, water resources, land use, public utility services, surface water quantity/quality, and groundwater quantity/quality. 2.1 Precipitation Monthly and annual precipitation data for the area around the Public Water Supplier during the five-year period from 2009-2013 was obtained from the Minnesota Climatology Working Group, which is a joint effort between the University of Minnesota and the Minnesota Department of Natural Resources (DNR). The gauging station that was used is identified as "Hennepin-Eden Prairie-Chanhassen" located at T116N R22W S18. The climate within the Minneapolis-St. Paul Metropolitan Area is described as humid continental climate with moderate precipitation, wide daily temperature variations, warm humid summers, and cold winters. The total average annual precipitation, over the past five years, is approximately 31.2 inches per year. The following graphs and tables show monthly and annual precipitation amounts, in inches, for the preceding five years. City of Eden Prairie Monthly Precipitation 2009 through 2013 Comparison 12 - 10- 0 8 a 6 a` 4 2 I o iN Ilj - -- JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ■2009 0.55 1.14 2.02 1.83 0.45 2.71 2.06 8.84 1.44 6.43 0.54 1.83 ■2010 0.55 0.87 1.14 2.98 2.5 6.25 3.03 4.56 5.53 1.61 2.19 2.81 ■2011 0.81 1.12 2.1 2.92 5.44 4.86 5.38 4.27 0.26 0.78 0.16 0.91 ■2012 0.34 2.42 1.18 3.2 11.23 4.73 3.34 2.3 0.44 1.16 0.77 1.65 ■2013 0.66 1.05 1.64 5.6 6.55 6.28 4.69 1.74 1.57 3.53 0.51 1.26 5 Year Avg 0.58 1.32 1.62 3.31 5.23 4.97 3.70 4.34 1.85 2.70 0.83 1.69 4 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 City of Eden Prairie Cumulative Precipitation by Month 2009 through 2013 Comparison y 40 = 35- c 30 0 25- 20 15 10 05 _ i JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 2009 0.6 1.7 3.7 5.5 6.0 8.7 10.8 19.6 21.0 27.5 28.0 29.8 ■2010 0.6 1.4 2.6 5.5 8.0 14.3 17.3 21.9 27.4 29.0 31.2 34.0 ■2011 0.8 1.9 4.0 7.0 12.4 17.3 22.6 26.9 27.2 27.9 28.1 29.0 ■2012 0.3 2.8 3.9 7.1 18.4 23.1 26.4 28.7 29.2 30.3 31.1 32.8 ■2013 0.7 1.7 3.4 9.0 15.5 21.8 26.5 28.2 29.8 33.3 33.8 35.1 2.2 Geology The geologic features have been summarized from the "Geologic Atlas of Hennepin County, Minnesota", 1989; the "Water Resources of the Lower Minnesota River Watershed, South- Central Minnesota", 1974; the "Bedrock Geology and Topographic Maps of the Seven-County Twin Cities Metropolitan Area", Minnesota, 1986; and, the "Overview of the Twin Cities Metropolitan Area Groundwater Model" report. The geologic setting within and around the City of Eden Prairie consists of unconsolidated glacial deposits underlain by bedrock. Surficial deposits of the Eden Prairie area were deposited primarily by glacial ice, glacial meltwater, and the erosional effects of the Minnesota River Watershed. The majority of the glacial deposits are from the Des Moines Lobe and fluvial deposits from the Minnesota River. The glacial deposits consist of fine-grained till alternating with sand and gravel layers, ranging from 140 feet thick near Well 12 to approximately 173 feet thick near Well 3. The Paleozoic rocks have an erosional surface that includes several valleys cutting through the rock units. Some of the valleys are completely filled with Quaternary glacial materials, and others, although filled with alluvium, continue to serve as valleys for present-day rivers. Some of the buried bedrock valleys occurring in the Twin Cities area contain more than 400 feet of glacial materials. Portions of these valleys are likely to be filled with coarse-grained sand and gravel glacial materials. Some of these highly transmissive layers may occur at the same elevation as the Jordan Sandstone, allowing transfer from the glacial sand and gravel deposits to the Jordan Sandstone, and vice versa. Groundwater flow within the glacial deposits is 5 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 considered to be complex and highly dependant upon local conditions, but is believed to provide a relatively uniform amount of recharge to underlying units. 2.3 Soils 2.3.1 Soil Types and Infiltration Characteristics Soils information was obtained from the Natural Resources Conservation Service (NRCS) Soil Survey Geographic (SSURGO) Database and is presented on Figure 3. Soils in Eden Prairie are generally sandy loam to loam, and mostly well drained. In much of central to northeastern Eden Prairie the soils are generally sandy loam to loam, over clayey loam to loam, and well drained. In the alluvial landscape unit in the Minnesota River Valley along the southern edge of the city, floodplain soils are generally loams or silt loarns, and range from well to very poorly drained. Throughout much of the DWSMA, soils are identified as having moderate to high infiltration rates, with some exception; particularly in the west/northwest part of the DWSMA, where soil characteristics result in high runoff. The City believes that Eden Prairie's existing Land Use Regulations, Chapter 11 of the City Code, are sufficient to oversee development within Eden Prairie's portion of the DWSMA. The City will rely on land use regulations of the neighboring cities into which the DWSMA extends to address development measures in those portions of the DWSMA. 2.3.2 Erosion and Sedimentation An ecological ranking tool, managed by the Board of Water and Soil Resources and developed in partnership with the University of Minnesota was used to identify areas that are at risk for soil erosion and at risk for contributing sediment to surface waters. The study based the potential for soil erosion on a number of factors, including soil type and slope. The Soil Erosion data, shown on Figure 4 represents a general risk score for potential soil erosion on a zero to 100 point scale; 100 being the highest risk. The resulting data is viewed as a "worst-case" scenario, i.e. highest potential soil erosion of bare soil with no mitigating land use practices in place. As shown on the map some areas of high soil erosion risk occur in areas of high and moderate vulnerability. A review of the map generally shows erosion risk along pond and lake shorelines and within wetland areas. 6 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 The City has assumed Local Governmental Unit (LGU) and stormwater/erosion control permitting responsibilities in the Lower Minnesota River Watershed District (LMRWD) and Riley- Purgatory-Bluff Creek Watershed District (RPBCWD). These ordinances and policies have provided the City and the private development sector with the means to protect the City's natural resources through limiting filling of wetlands; use of setbacks; steep slope and shoreline buffers; and best management practices. The RPBCWD is further discussing proposed rules to land and water resource disturbing activities in part to aid in erosion and sediment control. Primary permitting responsibilities and stormwater management review in Nine Mile Creek Watershed District (NMCWD) rest with this watershed district. The City believes that Eden Prairie's existing storm water management program is sufficient to address storm water within Eden Prairie's portion of the DWSMA. The City will rely on the surface water management programs of other cities/watersheds into which the DWSMA extends to address storm water in those portions of the DWSMA. The City of Eden Prairie believes that the current level of regulation and oversight are adequate to address these issues. 2.4 Water Resources 2.4.1 Watershed Units The location of Eden Prairie's DWSMA falls under the jurisdiction of the three watershed districts also noted previously: • Lower Minnesota River Watershed District • Nine Mile Creek Watershed District • Riley-Purgatory-Bluff Creek Watershed District Surface water in the DWSMA drains into wetlands, ponds and streams. Additionally, flow is into Riley Creek, Purgatory Creek, and a portion of the South fork of Nine Mile Creek, all of which flow from northwest to southeast in direction. The streams primarily traverse areas of low vulnerability. Purgatory Creek intersects two moderately vulnerable areas of the DWSMA, with measured straight-run distances of approximately 1,100 feet and 1,600 feet. The South Fork of Nine Mile Creek runs through approximately 3,000 feet of an additional moderately vulnerable area of the DWSMA. 7 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 2.4.2 Public Waters and Wetlands Public waters are lakes, wetlands, and watercourses over which the DNR has regulatory jurisdiction. Public waters in Eden Prairie are defined in Section 11.50 of the City Code as any waters as defined in Minnesota Statues, 103.G.005 Sub. 15 and Sub. 18. Section 11.51 of the City Code incorporates the Wetlands Conservation Act and acts to conserve and protect wetlands by requiring sound management practices. Known water bodies have been identified and mapped as part of the City's ongoing water body inventory process established for the "Comprehensive Wetland Protection and Management Plan" in 1997. A list of public waters located within areas of moderate and high vulnerability is shown below. Name Type Birch Island Basin Bryant Basin Galpin Basin Idlewild Basin Minnetonka Basin Mitchell Basin Round Basin Silver Basin Staring Basin William Basin 14 Unnamed Wetlands Existing municipal and watershed management programs oversee and assess surface water quality, provide guidance for the wise development of shorelands, preserve and enhance the quality of surface waters, and thus act to reduce potential negative impacts from surface water infiltration. 2.4.3 Floodplain Area Section 11.45 of the City Code provides jurisdiction over floodplains and flood fringe. The code provides protection to water resources by stipulating that the storage or processing of materials that are flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited in these areas. Also, new or replacement on-site sewage treatment systems must be designed 8 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. The City believes that Eden Prairie's existing surface water management programs are adequate to address surface water within Eden Prairie's portion of the DWSMA. The City will rely on the management programs of the other cities/watersheds into which the DWSMA extends to address surface water in those portions of the DWSMA. The City of Eden Prairie believes that the current level of regulation and oversight are adequate to address this resource. 9 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 3.0 LAND USE DATA ELEMENTS The following sections describe the land use data evaluated for this report. 3.1 Current Land Use Parcel and comprehensive land-use maps for the City of Eden Prairie are included as Figures 5 and 6, respectively. A zoning map is included on Figure 7. There are numerous classes of land use depicted on the maps, including: residential, commercial, industrial and rural usage. Eden Prairie was primarily agricultural until the 1960s and 1970s, which were decades of measured growth. Currently, agricultural land is primarily located along the Minnesota River and in the southwestern portion of the city. Population currently is approximately 62,000 residents and is expected to increase to approximately 80,200 residents by 2030 according to Metropolitan Council and City projections. Land use and development profile data obtained from the Metropolitan Council, shown on the following graph, compares 2005 and 2010 land use data to 2030 Regional Planned Use projections. The majority (approximately 52%) of Eden Prairie's land use is comprised of residential properties, parkland, recreational use or preserved lands. Projections for 2030 primarily show increases in these categories as well. City of Eden Prairie Metopolitan Council Projections Railway(inc.LRT) Rural and Large-Lot Residential Park and Recreational or Preserve Residential Total Agriculture — ■2030 Industrial and Utility 2010 ■2005 Undeveloped Land Open Water Commercial Total • Major Roadways Airport • Institutional Total Mixed Use Golf Course 0 2,000 4,000 6,000 8,000 10,000 Acres 10 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 A Political Boundary Map is included as Figure 8. Portions of the following communities fall within the DWSMA: Chanhassen, Deephaven, Excelsior, Greenwood, Minnetonka and Shorewood. The Metropolitan Council land use and development profile data for each community was reviewed. Minnetonka, Shorewood and Chanhassen are expected to see a reduction in agricultural and undeveloped lands with increases in residential usage. Minnetonka is also expected to see approximately a three percent increase in commercial development. Excelsior, Greenwood and Deephaven are not expected to experience much change in overall development. 3.2 Potential Contaminant Source Inventory A Potential Contaminant Source Inventory (PCSI) was initiated, during this phase of work, in order to identify present and historical land uses within the expanded DWSMA which have the potential to impact the public water supply source. Eden Prairie's PCSI has been maintained since 2003, when the original Part 2 WHPP was implemented. The original PCSI included the inventory and mapping of all identified potential sources of contamination and land uses for all levels of vulnerability throughout the DWSMA. Part of the work was completed with Source Water Protection Grant awards. Potential contaminant sources were identified from databases maintained by the Minnesota Pollution Control Agency (MPCA), and the Minnesota Geological Survey County Well Index (CWI). Data that was retrieved was compiled into shapefile format for use with ArcView GIS software and included the state identifier for each known potential contamination source, codes used by the MDH to describe a type of contamination, geographic coordinates for each potential contaminant source, and parcel identification numbers. Digital maps were provided to the MDH showing the locations of the inventoried sites, in compliance with the reporting requirements as specified under Minnesota Rules part 4720.5500, subpart 2. Since Municipal Well Nos. 15 and 16 were installed and the extent of the DWSMA was redefined, the current PCSI was expanded to accommodate the additional area. Inventory maintenance and continued identification of new contaminant sources are part of the overall goal of Eden Prairie to protect the public water supply. 11 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 Consistent with MDH "Specifications for Documenting the Results of an Inventory of Potential Contamination Sources", inventories in areas where aquifer vulnerability is classified as Low, include the following types of potential contaminant sources: 1) Potential Class V Well Locations, and 2) Non-Municipal Well Locations The types of potential contaminant sources inventoried, in areas where aquifer vulnerability is classified as moderate, include: 1) Potential Class V Well Locations, 2) Non-Municipal Well Locations, 3) Known Release Sites; and 4) Registered Storage Facilities Where the aquifer vulnerability is classified as high, the types of potential contaminant sources inventoried include: 1) Potential Class V Well Locations, 2) Non-Municipal Well Locations, 3) Known Release Sites, 4) Registered Storage Facilities 5) Individual Sewage Treatment Systems; and 6) Registered Hazardous Waste Generators 3.2.1 Potential Class V Well Inventory MDH specifies that properties that potentially have Class V wells located within the DWSMA be inventoried. As part of the City's initial Part 2 efforts, business that may have utilized a Class V well were identified, a brochure was prepared and hand delivered to Potential Class V owners providing information on Eden Prairie's Wellhead and Source Water Protection Program. As part of the initial PCSI, potential Class V locations were identified by reviewing the listing of Hazardous Waste permitted facilities. Typical land uses associated with the presence of Class V wells include automobile service stations and repair shops. As defined by the U.S. Environmental Protection Agency, large-scale septic systems that serve more than 20 people also are included in the Class V well classification. Educational brochures were developed and were hand delivered to targeted facilities in May, 2007. As part of this PCSI, it has been determined that there may be approximately 100 potential Class V sites within the expanded DWSMA. Twenty-five of these locations, situated nearest to and upgradient of the municipal wellfield, are shown on Figure 9 and summarized on Table 1. These locations were verified to 12 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 the extent possible with available information during development of this Plan. The MDH does not require that the City determine if Class V wells are actually present on any of these properties. 3.2.2 Non-Municipal Water Supply Wells Privately owned wells have the potential to provide pathways for contaminants to reach source water aquifers if not properly constructed, maintained, or sealed. Implementation of the initial Phase 2 included direct communication with approximately 150 well owners through distribution of literature. The mailing described the potential threat posed by private wells and provided information about the costs and advantages of well abandonment. Updated data was obtained from the CWI to identify the locations of low capacity wells, and from the DNR water use permit database to identify the locations of high capacity water wells (over 10,000 gallons per day). Twenty-five of these locations within the expanded DWSMA, situated nearest to and upgradient of the municipal wellfield, are plotted on Figure 10 and are listed on Table 2. During development of this Plan, these locations were verified to the extent possible with available information. 3.2.3 Known Release Sites A review of the state leak site database identified approximately 40 known release sites within areas of the DWSMA classified as high and moderate vulnerability. The leak sites are shown on Figure 11 and are listed on Table 3. These locations have been verified to the extent possible during development of this Plan. Of these properties, only one is an active release site. The remaining sites have attained closure from the MPCA, indicating that the regulatory agency has concluded that remaining contamination (if any) does not appear to pose a threat to public health or the environment. 3.2.4 Registered Storage Facilities MDH "Specifications for Documenting the Results of an Inventory of Potential Contamination Sources" indicate that registered storage tanks located in areas where the aquifer vulnerability is classified as high and moderate must be inventoried. Specifically, the MDH is concerned about the impacts that contamination resulting from the storage and handling of liquid chemicals and liquid fuels may have on drinking water where the source water aquifer is geologically 13 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 sensitive. Approximately 25 registered storage facilities were identified within the expanded DWSMA through the database search, and their locations were verified. These facilities are plotted on Figure 12 and are listed on Table 4. 3.2.5 Individual Sewage Treatment Systems MDH "Specifications for Documenting the Results of an Inventory of Potential Contamination Sources" indicate that Individual Sewer Treatment Systems (ISTS) located in areas where the aquifer vulnerability is classified as high must be inventoried. Section 10.02 of the City Code addresses ISTS standards. As part of the City's initial Part 2 efforts, a brochure was provided to ISTS owners summarizing information about Eden Prairie's Wellhead and Source Water Protection Program, and proper maintenance of ISTS. During this phase of work one ISTS was identified where the aquifer vulnerability is classified as high (within the City of Eden Prairie). The homeowners had been provided with literature previously. The location is plotted on Figure 13. Cooperative efforts with Chanhassen, Deephaven, Excelsior, Greenwood, Minnetonka and Shorewood will need to be established in order to identify ISTS within their jurisdictions. 3.2.6 Registered Hazardous Waste Generators Figure 14 shows the verified locations of properties identified as hazardous waste generators. There are a total of 7 properties listed for this activity within the highly vulnerable portion of the DWSMA. They are summarized on Table 5. 3.3 Public Utility Services 3.3.1 Transportation Routes Ground transportation corridors provide a potential source of contamination through accidental spills and discharges. The main transportation routes in the vicinity of the moderately and highly vulnerable areas are listed below. Of these, only Highway 7 interests a highly vulnerable area. The north-south road corridors include: • Interstate 494 (a portion of the east side of the DWSMA) The east-west roads corridors include: • State Highway 7 • State Highway 212 • State Highway 5 14 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 • State Highway 62 (a portion of the east side of the DWSMA) 3.3.2 Stormwater Collection System Eden Prairie's stormwater collection system and the location of stormwater ponds are shown on Figure 15. This Plan will rely on the City of Eden Prairie 2008 "Local Water Management Plan" and watershed management plans to oversee issues related to surface water. Therefore additional measures to address surface water in this Plan are considered to be unnecessary. 3.3.3 Sanitary Sewer System Figure 16 shows the sanitary sewer system for the City of Eden Prairie. Sanitary sewer maps for the Cities of Greenwood, Minnetonka, Shorewood, Chanhassen and Greenhaven are included in Appendix B. Maps for the remaining cities located within the DWSMA were not publically available at the time of this report. The sanitary sewer interceptor system, owned, operated and maintained by the Metropolitan Council Environmental Services (MCES) division, provides the link from community sewer systems to the wastewater treatment facilities in the seven county metropolitan area. A link near the intersection of Highway 7 and County Road 19 in Excelsior, is situated in a highly vulnerably area of the DWSMA. As part of the MCES's overall regional wastewater service plan for the Lake Minnetonka Area, it is constructing a second sanitary sewer force main in the cities of Excelsior, Greenwood and Shorewood. The second force main will provide improved reliability and operational flexibility and will allow MCES to inspect and perform maintenance on the original force main. Eden Prairie believes that existing oversight for sanitary sewer operations and maintenance is sufficient throughout the DWSMA. No additional measures are proposed in this Plan. 3.3.4 Pipeline Systems The Pipeline and Hazardous Materials Safety Administration online mapping system shows a natural gas pipeline trending northeast/southwest through Deephaven, Greenwood and Excelsior. Magellan Pipeline Company operates a hazardous liquid pipeline in the southern portion of the DWSMA. The City will rely on State and Federal oversight and owner operation and maintenance of pipelines. The City will support response activities by these other entities in 15 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 the event of a pipeline release within the DWSMA, to the extent possible. Additional measures to address operation, maintenance or pipeline releases are not warranted. 3.3.5 Public Drainage Systems Figure 17 depicts the public drainage systems within the DWSMA. These municipal separate storm sewer systems are a conveyance or system of conveyances (roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, storm drains) regulated through the use of National Pollutant Discharge Elimination System (NPDES) permits. The primary goal of the MS4 general permit is to improve water quality by reducing pollutants in stormwater discharges. Specifically, the program aims to ensure proper management of stormwater discharges into waters of the state. Eden Prairie will rely on existing oversight, and believes that additional measures under this Plan are not warranted. 3.3.6 Municipal Water System Records of construction, maintenance, and use of public water supply wells can be found on file with the MDH and also in the Part 1 WHPP. 16 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 4.0 DATA ELEMENTS ABOUT QUANTITY 4.1 Surface Water Quantity No permitted surface water withdrawals from lakes or streams were identified, within the DWSMA, in the Minnesota Department of Natural Resources (MDNR) database. The City believes that existing surface water management oversight is sufficient and no additional management strategies are warranted under this Plan. 4.2 Groundwater Quantity Historic water use data, from the Minnesota Department of Natural Resources, for Eden Prairie and the additional municipalities within the DWSA is depicted on the following graph. Municipal Water Use Drinking Water Supply Management Area 2006 through 2011 4,000 3,500 3,000 i2,500 2,000- 1,500 1,000 500 0 2006 2007 2008 2009 2010 2011 ■EXCELSIOR■SHOREWOOD ■CHANHASSEN ■MINNETONKA■EDEN PRAIRIE Water production trends, for Eden Prairie and Minnetonka, are similar with greatest production occurring in 2007. Water use is greatly influenced by lawn irrigation during periods of low rainfall. Although precipitation in 2007 was low, it was not the lowest during this time period, but the majority of rainfall occurred in late-summer and fall. The "Minnesota Drought Situation Report" dated July 26, 2007 indicated that the southern two thirds of Minnesota was dry for much of May, June, and July. The timing, historically the wettest time of the year, lead to a rapid intensification of drought conditions. A projected 2015 water use volume of 3,760 million gallons per year was defined in the City of Eden Prairie Water Emergency and Conservation Plan (2007). This is approximately a 14 percent increase over the 2013 production of 3,307 million gallons. Population is expected to increase to 77,100 by 2030, according to both the City's Comprehensive Guide Plan of 2009 17 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 and Metropolitan Council projections. This would approximate a 25 percent increase of the 2012 population of 62,000. Eden Prairie encourages water conservation efforts. Furthermore, Subd.12 of the Municipal Code implements water use restrictions. It limits lawn watering to alternating days and to certain hours. 18 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 5.0 DATA ELEMENTS ABOUT WATER QUALITY 5.1 Surface Water Quality The location of Eden Prairie's DWSMA falls under the jurisdiction of the three watershed districts noted previously whose goals and objectives are consistent with this Plan. Eden Prairie has ordinances, and zoning measures in place to protect surface water bodies and wetlands. Furthermore, public waters are protected under DNR regulatory jurisdiction. The City believes that the current level of regulation is sufficient to protect surface water quality. 5.2 Groundwater Quality Water samples from the Eden Prairie public water supply are routinely collected and analyzed as required under the Public Water Supply Program and the federal Safe Drinking Water Act. The water samples are routinely taken by City staff and by MDH staff. A copy of the City of Eden Prairie's Drinking Water Consumer Confidence Report can be found on the City's website. The report indicates that no contaminants have been detected at levels that violated federal drinking water standards. 19 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 6.0 IMPACT OF CHANGES ON PUBLIC WATER SUPPLY Minnesota Rules 4720.5220 indicate that a wellhead protection plan must identify and describe expected changes that may occur during the next ten years to the physical environment; land use; surface water; and groundwater. It must also assess the possible impacts on the aquifer serving the public water supply resulting from the expected changes, the influence of existing water and land government programs and regulations; and the administrative, technical, and financial considerations of the public water supplier and the property owners within the drinking water supply management area. 6.1 Physical Environment No significant changes in the physical environment are anticipated in the next ten years. 6.2 Land Use Modest increases in residential and/or commercial use are anticipated as undeveloped land is developed. The majority of the City's undeveloped land is outside of the DWSMA. Minnetonka, Shorewood and Chanhassen are expected to see a reduction in agricultural and undeveloped lands with increases in residential usage. Minnetonka is also expected to see approximately a three percent increase in commercial development. Excelsior, Greenwood and Deephaven are not expected to experience much change in overall development. 6.3 Surface Water Existing municipal and watershed management programs oversee and assess surface water quality, provide guidance for the wise development of shorelands, preserve and enhance the quality of surface waters, and thus act to reduce potential negative impacts from surface water infiltration. The City is not aware of any surface water modifications that may occur during the next ten years. 6.4 Groundwater Hydrographs of select City wells and DNR observation well 27058 have been prepared and reviewed. The observation well, located on the north side of Staring Lake, is situated less than 20 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 one-mile south-southeast of the southern boundary of the Wellfield. The well is completed at a total depth of 360 feet in the PDCJ Aquifer. The data show seasonal fluctuations between winter and summer conditions of approximately 100 feet. Generally, winter static water levels have declined approximately 10 feet in the Wellfield between 2002 and 2013. The observation well shows a decline of approximately three feet, and is indicative of downgradient conditions. In 2013, the City installed two groundwater observation wells to enable measurement of water levels in the aquifer serving its municipal wells. The City will utilize observation well data to monitor aquifer fluctuations in response to pumping. 6.5 Expected Changes in Water Use With anticipated redevelopment of land to residential usage and an increase in population, water usage is expected to increase as well. It is anticipated that two additional water supply wells may be necessary in the next few years to meet such demands. No changes in the water treatment plant capacity are anticipated in the future. There is a strong seasonal variability in water production, with average daily summer production being two or three times greater than during the winter months. In the winter only about five wells are operated at a time, and for only portions of a day. In the summer, most or even all of the available wells are operated simultaneously, and for longer pumping periods. This seasonal variation is expected to continue and may increase should draught conditions occur. 6.6 Influence of Existing Water and Land Government Programs and Regulation The City of Eden Prairie has regulatory jurisdiction over much of the DWSMA, through local and land use zoning ordinances. However, a portion of the DWSMA extends beyond the City of Eden Prairie's boundaries, into Chanhassen, Deephaven, Excelsior, Greenwood, Minnetonka and Shorewood. In those portions of the DWSMA the City must rely on other governmental units for regulations that address issues that may impact the source water aquifer. Eden Prairie's "Local Water Management Plan" (LWMP) was developed to provide the City of Eden Prairie with information and direction regarding the administration and implementation of water resource management activities within the City. 21 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 Regulations for short term reduction in water demand are outlined in Eden Prairie's "Water Emergency and Conservation Plan", adopted in March 2008. The plan includes procedures to address gradual decreases in water supply as well as emergencies and the sudden loss of water due to line breaks, power failures, sabotage, etc. During periods of limited water supplies public water suppliers are required to allocate water based on the priorities established in Minnesota Statutes 103G.261. City Ordinance (Code Section 3.30) is in place which pertains to water emergencies and demand reduction measures. The ordinance allows the City Manager (or designee) to declare a water emergency and implement demand reduction measures. Long-term water-use efficiency measures and educational programs are also outlined in the "Water Emergency and Conservation Plan". Additionally, the City of Eden Prairie offers rebates to promote water efficiency. The current program includes rebates for Energy Star washing machines, WaterSense toilets, faucets, showerheads and irrigation controls. 6.7 Administrative, Technical, and Financial Considerations The City of Eden Prairie has been supportive of wellhead protection efforts. A wellhead committee consisting of city staff from Utilities, Environmental Services, and Engineering has been formed and has been actively involved in the planning process. A line-item budget has been established for implementation of priority strategies identified in this plan. The WHP Manager will be responsible for implementation of this Plan. The committee will continue to meet periodically to review and discuss implementation programs. Eden Prairie will work, to the extent practicable; with other local governmental units whose jurisdictions overlap Eden Prairie's DWSMA and conversely with communities whose DWSMAs extend into the City of Eden Prairie. 22 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 7.0 ISSUES, PROBLEMS, AND OPPORTUNITIES Section 4720.5230 of the Minnesota Rule indicate that a wellhead protection plan must identify water use and land use issues, problems, and opportunities related to the aquifer serving the public water supply well; the well water; and the drinking water supply management area. The City is not aware of water use and land use issues, problems, and opportunities disclosed at public meetings or in written comment. 7.1 Source Water Aquifer vulnerability of the Eden Prairie DWSMA ranges from low to high. The aquifer vulnerability classification is low in approximately 90% of the area. There are two areas of high vulnerability; one situated near the downtown area of Chanhassen; and the other east/southeast of Lake Riley. As previously discussed, a PCSI was conducted in order to identify present and historical land uses within the DWSMA which have the potential to impact the public water supply source. These potential contaminant sources include; potential class V well locations, non-municipal well locations, release sites, registered storage facilities, and registered hazardous waste generators. Many of the identified facilities are located outside the City of Eden Prairie and the City does not have jurisdictional control over them. The City will rely upon appropriate County and State programs, to the extent practicable, to regulate the potential contaminant sources that have been identified. The City believes that Eden Prairie's existing surface water and land management programs are adequate to aid in source water protection under its jurisdiction. The City will rely upon the management programs of the other cities/watersheds into which the DWSMA extends to promote source water protection in those portions of the DWSMA. With regard to source water availability, the City has no regulatory authority over water appropriations and must rely on the MNDNR. The City will monitor water use patterns and water level data to aid in the assessment of source water availability. 23 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 7.2 Well Water Water samples from the Eden Prairie public water supply are routinely collected and analyzed as required under the Public Water Supply Program and the federal Safe Drinking Water Act. No contaminants have been detected at levels that have violated federal drinking water standards. Eden Prairie softens its water using a lime bonding process which removes calcium, magnesium and dissolved iron. Another additive, ferric chloride, is dissolved into the water after softening to enhance the precipitation process. Chlorine is then introduced to ensure the water remains free of bacteria in the distribution system. Polyphosphate is also added to the water to ensure the liquid does not corrode the plumbing. Carbon Dioxide may be used at times to keep the water from being too alkaline. Fluoride is required to enhance the prevention of tooth decay. 7.3 Drinking Water Supply Management Area Potential contaminant sources were identified earlier in this Plan within the DWSMA. Eden Prairie will rely on state agencies with regulatory control to oversee these types of facilities and aid in the protection groundwater resources. A large portion of Eden Prairie's DWSMA is located outside of the limits of the City. Conversely, the DWSMAs of neighboring communities extend into Eden Prairie. As such, Eden Prairie will work collaboratively, to the extent possible, with other local government units in an effort to ensure protection of the source water aquifers. 7.4 Problems and Opportunities Disclosed at Public Meeting and in Written Comment Per Minnesota Rule 4720.5350, the City submitted copies of the WHPP to: local units of government wholly or partly within the wellhead protection area, the regional development commission, watershed districts and watershed management organizations wholly or partly within the wellhead protection area. The City of Eden Prairie also held a public information meeting to receive comments on the Part 1 Wellhead Protection Plan from the general public. At the time of this submittal, no comments, problems or opportunities had been disclosed. 24 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 7.5 Data Elements Data elements identified by the MDH in Scoping Decision Notice Nos. 1 and 2 have been addressed. In summary, the required data elements included information relating to precipitation, geology, soils, water resources, land use, public utility services, surface water quantity/quality, and groundwater quantity/quality. Available local and regional information was used in compiling and assessing the data elements. Ongoing efforts to update information from regulatory data sources will continue as it becomes available for the life of this Plan. 7.6 Status and Adequacy of Official Controls, Plans, and Other Local, State, and Federal Programs on Water and Land Use The WHP committee believes that the portion of the DWSMA within Eden Prairie is adequately protected with existing ordinances and watershed plans; coupled with County, State and Federal oversight of contaminated properties, well construction, groundwater appropriation, hazardous waste permitting and storage tank permitting. The City will work with neighboring communities, to the extent practicable, to promote source water protection efforts. Existing public education and the promotion of Best Management Practices (BMPs), is a continuing effort by the City. 25 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 8.0 WELL HEAD PROTECTION GOALS In accordance with Minnesota Rules chapter 4720.5240, a wellhead protection plan must state goals for present and future water use and land use to provide a framework for determining plan objectives and related actions. Goals presented in this section were identified based upon the information presented and evaluated in this Plan. The overall goals of the City of Eden Prairie Wellhead Protection Plan are to: • Maintain or improve the City's current drinking water quality in order to meet or exceed state and federal drinking water standards, and continue to provide a safe water supply to its residents. ▪ Increase public awareness of the Wellhead and Source Water Protection Program and groundwater-related issues. • Collaborate with surrounding communities on water resource management efforts. • Provide ongoing collection of data to support current and future wellhead and source water protection efforts. 26 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 9.0 OBJECTIVES AND PLANS OF ACTION Minnesota Rules indicate that a wellhead protection plan must have measurable objectives for the well and drinking water supply management area. A wellhead protection plan must state a plan of action. A plan of action must address the problems and opportunities identified in the wellhead protection plan; identify and prioritize the wellhead protection measures that will be used; and identify a time frame for the implementation of the action identified in the plan. The objectives and plan of action designed to meet the goals of the WHP are described as follows. • Maintain an inventory of Potential Contaminant Sources to identify sites that have the potential to impact source water quality. • Keep an inventory of private wells and high capacity wells to identify properties that have the potential to impact source water quality and quantity, respectively. • Continue public education efforts such that Eden Prairie businesses and residents will become more aware of wellhead and source water protection issues and the actions that the City is taking to protect the municipal water. • Stay current with interdepartmental activities (Planning, Zoning, and Surface Water Protection) which impact the area supplying groundwater to City wells to minimize the potential threat to groundwater. • Work cooperatively and collaboratively with neighboring communities to promote source water protection efforts. 9.1 Potential Contaminant Source Inventory (PCSI) Database Verification As mentioned previously in this Plan, Eden Prairie's PCSI has been expanded in extent to accommodate the DWSMA defined in the 2013 WHPP. The PCSI will be updated periodically to determine if new potential sources of contamination have been identified. The information will be retrieved from available government records such as the MPCA and the Minnesota County Well Index. Verification of the locations of potential sources of contamination has been completed, with the exception of potential Class V well locations and private well locations. Within those two source categories, a minimum of twenty-five sources were verified within the newly-expanded DWSMA (excluding the area covered by the previous DWSMA). Prioritization was given to potential 27 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 sources within or near areas of moderate to high vulnerability. Remaining locations will be verified during implementation of the Plan. As new potential contaminant sources in the DWSMA are identified their locations will be verified on an annual basis. Source of Action: WHP Manager Cooperator(s): City Staff, Consultant, Database Record Search: MPCA, Minnesota County Well Index Time Frame: Ongoing Estimated Cost: The costs to verify remaining locations is approximately $25,000, annual costs are estimated at approximately $10,000 annually. Goal Achieved Consistent with the MDH "Specifications for Documenting the Results of an Inventory of Potential Contamination Sources", locations of identified potential contaminant sources within the DWSMA will be verified to the extent possible. 9.2 Raise Well Owner Awareness about Well Maintenance The City will provide literature, every five years, to private well owners (located within Eden Prairie within the DWSMA) to gain their assistance in preventing contamination of the source water aquifer. The City will mail a select portion of the MDH "Well Owner's Handbook", which describes well maintenance and proper sealing to Eden Prairie residents within the DWSMA. The full version of the handbook is available on the MDH website. During development of this Plan, 25 well locations were verified to the extent possible. The remaining locations will be verified during implementation of this plan. Source of Action: WHP Manager Cooperator(s): City Staff or Consultant Time Frame: Ongoing Estimated Cost: $1,000 per year and $2,500 per mailing, Staff or Consultant time, printing and postage Goal Achieved: Through the MDH handbook, well owners will be educated concerning the proper operation and maintenance of wells, reducing the potential risk of these wells becoming pathways for contaminants to travel from the ground surface to the source water aquifer. 28 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 9.2 Promote the Sealing of Unused or Abandoned Wells The City will provide literature, every five years, to private well owners (located within Eden Prairie within the DWSMA) about the County Well Sealing and Cost Share Grant Program. It offers partial grants to Hennepin County resident to cover some of the cost of sealing old wells that are no longer in use. Source of Action: WHP Manager Cooperator(s): City Staff or Consultant Time Frame: Ongoing Estimated Cost: See item above Goal Achieved: Private well owners will become more likely to properly seal their unused wells, reducing the potential risk of these wells becoming pathways for contaminants to travel from the ground surface to the source water aquifer. 9.3 Monitor the Installation of High Capacity Wells A water use (appropriation) permit from DNR Waters is required for all users withdrawing more than 10,000 gallons of water per day or 1 million gallons per year. An inventory of these high capacity wells will be maintained. Information on the installation of new wells will be obtained from the Minnesota DNR at least once per year. Source of Action: WHP Manager Cooperator(s): City Staff, Consultant and MDNR Time Frame: Ongoing Estimated Cost: $1,000 per year Goal Achieved: New high capacity well locations will be identified. This action will enable the City to identify increased groundwater withdrawals and determine if those withdrawals may affect the city's ability to provide an adequate and safe supply of drinking water. 9.4 Inventory and Management of Storage Tanks As part of the City's ongoing educational program, a brochure will be prepared and mailed to owners of properties that have registered storage tanks where the aquifer vulnerability is classified as high and moderate, within the City of Eden Prairie. This brochure will include 29 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 information on Eden Prairie's Wellhead and Source Water Protection Program, and MPCA publications on proper operation and maintenance of storage tanks. A mailing list will be generated from the PCSI database and a mailing will occur every five years. Source of Action: WHP Manager Cooperator(s): City Staff, Consultant, and Registered Tank Owners Time Frame: Ongoing Estimated Cost: $1,000 per year and $2,500 per mailing, Staff or Consultant time, printing and postage Goal Achieved: This will provide current information regarding the locations of storage tanks in areas where the aquifer vulnerability is classified as high and moderate. It will also communicate concerns about the impacts on drinking water related to the release of liquid chemicals and liquid fuels from above-ground and buried storage tanks in wellhead protection areas. 9.5 Manage Individual Sewer Treatment Systems (ISTS) MDH "Specifications for Documenting the Results of an Inventory of Potential Contamination Sources" indicate that Individual Sewer Treatment Systems (ISTS) located in areas where the aquifer vulnerability is classified as high must be inventoried. The PCSI database will be updated every year with the locations of newly identified ISTS in the highly vulnerably areas of the DWSMA. An updated brochure will be prepared and provided to Eden Prairie ISTS owners presenting information on Eden Prairie's Wellhead and Source Water Protection Program, and proper maintenance of ISTS. This will be mailed to owners of the identified properties every five years. Source of Action: WHP Manager Cooperator(s): City Staff, Consultant, Neighboring Communities and ISTS owners Time Frame: Ongoing Estimated Cost: $1,000 per year and $2,500 per mailing, Staff or Consultant time, printing and postage Goal Achieved: This will provide current information regarding the locations of ISTS in areas where the aquifer vulnerability is classified as high. It will also communicate concerns about the potential impacts on drinking water related to ISTS in 30 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 wellhead protection areas. This measure will also facilitate hook-up of non- conforming ISTS. 9.6 Manage Potential Class V Wells MDH specifies that properties that potentially have Class V wells located within the DWSMA be inventoried. The U.S. Environmental Protection Agency (U.S. EPA) has characterized some types of wastewater disposal systems as Class V Injection Wells; they include large-capacity drainfields, large-capacity cesspools, and septic systems that dispose of motor vehicle wastes. The U.S. EPA is responsible for administering the federal underground injection control regulations that address Class V wells. As part of the City's initial Part 2 efforts, business that may have utilized a Class V well were identified, a brochure was prepared and hand delivered to Potential Class V owners providing information on Eden Prairie's Wellhead and Source Water Protection Program. The PCSI database has been updated with the locations of newly identified potential Class V wells in the expanded DWSMA. Twenty-five locations were verified to the extent possible. The remaining locations will be verified during implementation of this plan. An updated brochure will be mailed to owners of identified properties located in Eden Prairie, every five years. Source of Action: WHP Manager Cooperator(s): City Staff, Consultant and Class V Well owners Time Frame: Ongoing Estimated Cost: $1,000 per year and $2,500 per mailing, Staff or Consultant time, printing and postage Goal Achieved: This will provide current information regarding the locations of Class V wells located in Eden Prairie. It will also communicate concerns about the potential impacts on drinking water related to Class V Wells in wellhead protection areas. This measure may also facilitate proper abandonment of Class V Wells. 9.7 Inventory Known Leak and Spill Sites An inventory of known leak site data within the moderately and highly vulnerable areas of the DWSMA, as required by the MDH, was completed as part of Eden Prairie's initial Part 2 WHP 31 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 efforts. The inventory has been updated to capture sites located within the modified DWSMA. The database will continue to be updated on an annual basis. Source of Action: WHP Manager Cooperator(s): City Staff, Consultant and Regulatory Databases Time Frame: Ongoing Estimated Cost: $1,000 per year, Staff and Consultant time Goal Achieved: An assessment of the potential risk of known sources of contamination to the public water supply will be made. 9.8 Inventory Registered Hazardous Waste Generators An inventory of hazardous waste generators within the highly vulnerable areas of the DWSMA, as required by the MDH, was completed as part of Eden Prairie's initial Part 2 WHP. Sites were identified and a brochure was prepared and mailed providing information on Eden Prairie's Wellhead and Source Water Protection Program and Best Management Practices. The PCSI database has been updated with the locations of newly identified generators in the expanded DWSMA. An updated brochure will be mailed to owners of the identified properties, within Eden Praire, every five years. Source of Action: WHP Manager Cooperator(s): City Staff, Consultant and Regulatory Databases Time Frame: Ongoing Estimated Cost: $1,000 per year and $2,500 per mailing, Staff or Consultant time, printing and postage Goal Achieved: This will provide current information regarding the locations of hazardous waste generators. It will also communicate concerns about the potential impacts on drinking water related to proper handling of hazardous materials. 9.9 Municipal Planning and Zoning A copy of this Part 2 WHPP will be provided to the City Planner informing their department of the goals and objectives of the Plan. One objective is to protect the area supplying groundwater to City wells by cooperatively managing the area and minimizing the potential threat to groundwater. The Wellhead Protection Manager will discuss with the Community Development 32 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 Staff how best to incorporate wellhead and source water protection into the planning and review process. Source of Action: WHP Manager Cooperator(s): City Staff Time Frame: Ongoing Estimated Cost: Staff time Goal Achieved: The review and approval of development plans, involving potential point- sources of contamination, will take into account areas vulnerable to contamination. 9.10 Stormwater Pollution Protection A copy of this Part 2 WHPP will be provided to the Environmental Coordinator informing their department of the goals and objectives of the Plan. The City of Eden Prairie's "Stormwater Pollution Prevention Plan" (SWPPP) was approved by the MPCA in March 2003 and was amended in 2006. Goals of the SWPPP are to reduce the potential deterioration of water quality due to pollutants transported through stormwater runoff to lakes, creeks and wetlands. The SWPPP provides a plan of action and a series of Best Management Practices which the City is following to assist in meeting protection goals. Source of Action: WHP Manager Cooperator(s): City Staff Time Frame: Ongoing Estimated Cost: Staff time Goal Achieved: Interdepartmental goals of protecting source water quality will continue to be shared. 9.11 Public Education and Information Interaction with local schools on education programs that focus on water conservation, stormwater runoff, sustainability, waste reduction, and environmental awareness will continue through the City's Environmental Learning Center (ELC) facility as well as during city events and festivals. The ELC is an interactive activity center and laboratory for use by local school districts 33 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 for water conservation and stormwater pollution prevention education. Tours of the City's water treatment plant are often incorporated into the educational experience. The City will continue to prepare the Drinking Water Report on an annual basis, which is made available of the City's website. It provides information regarding the City's public water supply system and its water quality. Natural Resource Surveys have historically played a role in the City's outreach efforts and will continue to be utilized periodically as needed. The surveys provide direct, measurable feedback from city residents on pertinent topics. These results are used in evaluating resource needs and requirements for Plans such as this one. Information is available on the City website and distributed through pamphlets, City mailings, utility bill inserts, local newspapers, cable television, council meetings, and other appropriate media and/or means of distribution. Source of Action: WHP Manager Cooperator(s): City Staff Time Frame: Ongoing Estimated Cost: Staff time Goal Achieved: Eden Prairie residents will become more aware of wellhead and source water protection issues and the actions that the City is taking to protect the municipal water supply. Education of the residents should lead to a better awareness of pollution prevention among the City's population. 9.12 Collaborative Source Water Protection A large portion of Eden Prairie's DWSMA is located outside of the limits of the City. In turn, the DWSMAs of neighboring communities extend into Eden Prairie. As such, the City will work collaboratively, to the extent possible, with other local government units in an effort to promote source water protection. Source of Action: WHP Manager 34 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 Cooperator(s): City Staff, Staff from Minnetonka, Chanhassen, Deephaven, Excelsior, Greenwood and Shorewood, Watershed District Representatives Time Frame: Ongoing Estimated Cost: Staff time Goal Achieved: Communication with other local governmental units with overlapping DWSMAs will be established. 35 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 10.0 PROGRAM EVALUATION Per Minnesota Rule 4720.5270, the progress in implementing a WHPP must be evaluated routinely to determine the effectiveness of the WHPP in terms of accomplishing its goals. Eden Prairie's evaluation activities will include the following items: • Document implementation of the tasks discussed in this Plan; • Determine the effectiveness of management strategies regarding the protection of Eden Prairie's municipal water supply; • Identify possible changes to strategies which may improve their effectiveness; and • Discuss the adequacy of financial resources and staff availability to carry out the planned management strategies. Eden Prairie's Wellhead Protection Manager will prepare an annual report summarizing the items noted above. The report may be competed using the MDH Wellhead Protection Program Evaluation form. It will be submitted to the City Council and the MDH Source Water Protection Unit. 36 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 11.0 ALTERNATIVE WATER SUPPLY/ CONTINGENCY STRATEGY Minnesota Rule 4720.5280 indicates that a wellhead protection plan must have a contingency strategy that addresses disruptions of the water supply caused by contamination or mechanical failures of the public water supply system. Eden Prairie's "Water Emergency and Conservation Plan" outlines procedures and information for the PWS, which may become vital in the event of a partial or total loss of public water supply services as a result of natural disaster, chemical contamination, civil disorder, or human-caused disruptions. As required, it was submitted to the MDNR Division of Waters — Appropriation Permit Program and the Metropolitan Council for review and approval. The "Water Emergency and Conservation Plan" was adopted by the City Council in March 2008 and the associated Certificate of Adoption was sent to the MDNR at that time. 37 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 12.0 ACKNOWLEDGEMENTS 12.1 Key Personnel Contacts Following are key staff contacts for questions regarding the Wellhead Protection Plan (WHPP) or its components. City of Eden Prairie Rick Wahlen, Utility Operations Manager 14100 Technology Drive Eden Prairie, MN 55344 Telephone: (952) 949-8530 Nine Mile Creek Watershed District/ Riley-Purgatory-Bluff Creek Watershed District Mr. Bob Obermeyer, Engineering Advisor Barr Engineering 4700 W. 77th Street Bloomington MN 55435-4803 Telephone: (952) 832-2600 Lower Minnesota River Watershed District Linda Loomis, District Administrator Naiad Consulting, LLC 6677 Olson Memorial Highway Golden Valley, Minnesota 55427 Telephone: (763) 545-4659 12.2 Planning Committee City Council Nancy Tyra-Lukens, Mayor Brad Aho Ron Case Sherry Butcher Wickstron Kathy Nelson City Staff Rick Getschow, City Manager Robert Ellis, Public Works Director Rick Wahlen, Utility Operations Manager Leslie Stovring, Environmental Coordinator Julie Klima, City Planner Rod Rue, City Engineer Mary Krause, Project Engineer 38 Part 2 Wellhead Protection Plan City of Eden Prairie March 2015 Technical Advisory Panel Board of Water and Soil Resources Department of Natural Resources Metropolitan Council Pollution Control Agency Hennepin Conservation District Riley-Purgatory-Bluff Creek Watershed District Nine Mile Creek Watershed District Lower Minnesota River Watershed District Consultants St. Croix Environmental, Inc. References Bedrock Geology and Topographic Maps of the Seven-County Twin Cities Metropolitan Area, 1986 Comprehensive Wetland Protection and Management Plan, City of Eden Prairie 1997 Draft Rules, Riley-Purgatory-Bluff Creek Watershed District 2014 Eden Prairie Lakes Water Quality Improvement Project, Nine Mile Creek Watershed District, July 2006 Geologic Atlas of Hennepin County, Minnesota, 1989 Local Water Management Plan, City of Eden Prairie, December 2008 Minnesota Drought Situation Report, July 26, 2007 Overview of the Twin Cities Metropolitan Area Groundwater Model report Stormwater Management Rule, Minnehaha Creek Watershed District 2011 Stormwater Pollution Prevention Plan, City of Eden Prairie 2006 Water Emergency and Conservation Plan, City of Eden Prairie March 2008 Water Management Plan, Nine Mile Creek Watershed District 2007 Water Resources Management Plan, Minnetonka 2009 Water Resources of the Lower Minnesota River Watershed, South-Central Minnesota, 1974 Watershed Management Plan, Lower Minnesota River Watershed District 2011 Web Soil Survey, http://websoilsurvey.nrcs.usda.gov Wellhead Protection Plan for the City of Eden Prairie, July 30, 2013 39 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims April 21, 2015 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 237438 - 238210 Wire Transfers 1010370 - 1010539 Wire Transfers 5377 - 5395 February Purchases City of Eden Prairie Council Check Summary 4/21/2015 Division Amount Division Amount General 2,096,756 308 E-911 728 100 City Manager 858 309 DWI Forfeiture 94,401 101 Legislative 54,539 312 Recycle Rebate 535 102 Legal Counsel 235 315 Economic Development 5,246 110 City Clerk 1,787 316 WAFTA 925 111 Customer Service 16,694 319 Federal Non-Drug Forfeitures 6,527 112 Human Resources 210 435 2008B G.O.Improvement Bonds 3,100 113 Communications 36,073 502 Park Development 169 114 Benefits&Training 19,628 509 CIP Fund 261,279 130 Assessing 1,586 522 Improvement Projects 2006 1,136 131 Finance 5,040 527 CIP-Leasing Costs 50,527 132 Housing and Community Services 5,689 529 Shady Oak Rd-CR 61 South 738,783 133 Planning 6,789 530 Pool Upgrade/Expansion 3,392,489 136 Public Safety Communications 4,260 531 Eden Prairie Road 268 137 Economic Development 223 532 EP Road Connect Flying Cloud 3,971 138 Community Development Admin. 1,313 534 WEST 70TH ST.EXTENSION 11,874 150 Park Administration 966 Total Capital Projects 4,571,959 151 Park Maintenance 41,399 153 Organized Athletics 7,683 601 Prairie Village Liquor 403,234 154 Community Center 83,583 602 Den Road Liquor 577,667 156 Youth Programs 15,304 603 Prairie View Liquor 408,274 157 Special Events 212 605 Den Road Building 2,455 158 Senior Center 5,768 701 Water Fund 402,249 159 Recreation Administration 22,351 702 Sewer Fund 1,115,070 160 Therapeutic Recreation 1,269 703 Storm Drainage Fund 81,945 162 Arts 5,261 Total Enterprise Funds 2,990,894 163 Outdoor Center 2,209 168 Arts Center 861 803 Escrow Fund 61,054 180 Police 64,949 806 SAC Agency Fund 54,670 183 Emergency Preparedness 6,287 807 Benefits Fund 1,277,869 184 Fire 82,794 809 Investment Fund 1,170 186 Inspections 607 810 Workers Comp Insurance 174,601 200 Engineering 7,725 811 Property Insurance 120,599 201 Street Maintenance 30,411 812 Fleet Internal Service 180,122 202 Street Lighting 74,940 813 IT Internal Service 230,198 Total General Fund 2,706,260 814 Facilities Capital ISF 2,992 815 Facilites Operating ISF 120,278 301 CDBG 10,962 816 Facilites City Center ISF 162,385 303 Cemetary Operation 1,668 817 Facilites Comm.Center ISF 101,355 Total Special Revenue Funds 12,630 Total Internal Service Funds 2,487,293 443 2012C GO Perm Impr Ref Bonds 750 Report Totals 12,770,666 445 Cable PEG 879 Total Debt Service Fund 1,629 City of Eden Prairie Council Check Register 4/21/2015 Check# Amount Supplier/Explanation Account Description Business Unit Explanation 238084 3,373,021 RJM CONSTRUCTION INC Building Aquatics&Fitness Expansion Aquatics&Fitness Expansion 237179 1,726,955 RJM CONSTRUCTION INC Land Improvements CmtyCtr Pool Upgrade/Expansion Aquatics 237110 636,028 C S MCCROSSAN CONSTRUCTION INC Improvement Contracts Shady Oak Road/CR 61 SOUTH Shady Oak Interchange 237062 285,393 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Sewer Utility-General Waste Water Services 237509 285,393 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Sewer Utility-General Waste Water Services 237964 285,393 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Sewer Utility-General Waste Water Services 237710 250,523 HEALTHPARTNERS Accounts Receivable Health and Benefits Health Insurance 237612 249,606 HEALTHPARTNERS Accounts Receivable Health and Benefits Health Insurance 5391 225,883 CERIDIAN Federal Taxes Withheld Health and Benefits Payroll 237735 225,124 MACQUEEN EQUIPMENT INC Equipment Parts Sewer System Maintenance Vactor Replacement 237256 224,051 IND SCHOOL DIST 272 Improvements to Land Capital Maint.&Reinvestment Tennis Court Reconstruction 5378 223,888 CERIDIAN Federal Taxes Withheld Health and Benefits Payroll 237374 174,601 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Workers Comp Insurance 238061 154,183 MACQUEEN EQUIPMENT INC Machinery&Equipment Capital Impr/Maint Fixed Loader Mount Snow Blower 5394 153,449 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 237581 152,770 C S MCCROSSAN CONSTRUCTION INC Improvement Contracts Shady Oak Road/CR 61 SOUTH Shady Oak Interchange 5381 152,669 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 237375 118,729 LEAGUE MN CITIES INS TRUST Insurance Property Insurance Property Casualty 237095 97,133 WATCHGUARD VIDEO Other Hardware DWI Forfeiture 1010428 79,574 XCEL ENERGY Electric Traffic Signals 1010538 67,211 XCEL ENERGY Electric Den Road Liquor Store 1010399 60,831 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment Plant 237495 59,227 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1010422 50,738 SRF CONSULTING GROUP INC Design&Engineering Storm Drainage 237165 47,198 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 238147 45,893 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 5383 44,912 US BANK Other Revenue Utility Operations-General 237867 43,912 RJ MARCO CONSTRUCTION INC Other Contracted Services FF&E-Furn,Fixtures&Equip. 237556 43,174 VERMONT SYSTEMS,INC Software Recreation Admin 237164 40,009 MN DNR ECOLOGICAL AND WATER RESOURCES Licenses&Taxes Water Treatment Plant 237720 39,366 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 237261 37,775 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 237949 36,919 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 237848 36,902 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 1010412 36,174 LOGIS LOGIS IT Operating 237405 32,383 RANGER Autos Fire 237052 31,270 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 237144 29,640 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 237635 29,256 MINNESOTA DEPT OF HEALTH Licenses,Permits,Taxes Water Testing 1010480 28,637 XCEL ENERGY Electric Forest Hills Park 237838 27,951 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 237367 27,928 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1010461 27,746 HANSEN THORP PELLINEN OLSON Design&Engineering Capital Maint.&Reinvestment 237561 26,804 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store 237654 26,537 RACHEL CONTRACTING LLC Improvement Contracts Storm Drainage 237626 25,839 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 237127 23,775 HAMMEL,GREEN AND ABRAHAMSON Design&Engineering CmtyCtr Pool Upgrade/Expansion 238180 23,712 ULTIMATE SOFTWARE GROUP,THE Ceridian IT Operating 237099 23,469 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 5393 23,286 ING Deferred Compensation General Fund 5380 23,123 ING Deferred Compensation General Fund Check# Amount Supplier/Explanation Account Description Business Unit Explanation 238052 23,008 IND SCHOOL DIST 272 CAM School City Hall-CAM 237763 22,960 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 238059 22,443 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1010403 21,983 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 237658 21,012 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1010515 20,561 DIVERSE BUILDING MAINTENANCE Tenant 1-Janitor Service Prairie Village Liquor Store 237103 20,255 ABM ONSITE SERVICES-MIDWEST Janitor Service City Hall-CAM 237684 20,190 ARVIG Other Contracted Services IT Capital 237087 20,187 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Den Road Liquor Store 237412 20,177 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 237992 20,034 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 237220 19,930 BROTHERS FIRE PROTECTION Other Contracted Services CIP-Leasing Costs 238175 19,866 SOUTHERN WINE&SPIRITS OF MN Liquor-Incentives Den Road Liquor Store 1010454 19,854 CDW GOVERNMENT INC. Other Hardware IT Operating 238009 19,781 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store 238198 19,705 CUMMINS NORTH CENTRAL INC Equipment Repair&Maint Fleet Operating 237885 19,635 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Den Road Liquor Store 237090 19,262 TANDEM CORPORATION Deposits Escrow 237569 19,243 ABM ONSITE SERVICES-MIDWEST Cleaning Supplies Utility Operations-General 237889 19,035 ABM ONSITE SERVICES-MIDWEST Cleaning Supplies Utility Operations-General 237833 18,819 I-494 CORRIDOR COMMISSION TREASURER Dues&Subscriptions City Council 237506 17,870 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 237530 17,570 PRAIRIE PARTNERS SIX LLP Advertising Prairie Village Liquor Store 237985 17,520 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 238113 17,415 CBRE,INC Other Contracted Services CIP-Leasing Costs 237086 17,347 SOUTH METRO PUBLIC SAFETY TRAINING FACIE, Other Contracted Services Public Safety Training Facilit 237508 17,221 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 237541 17,187 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Den Road Liquor Store 237076 17,114 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 1010534 16,626 THORPE DISTRIBUTING Liquor Product Received Prairie View Liquor Store 237305 16,542 Stratasys,Inc. Sales Tax Payable-stadium Water Enterprise Fund 237961 16,305 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 237293 16,273 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 237527 15,796 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 237140 15,560 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 238191 15,036 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store 237670 14,965 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 237782 14,872 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store 237671 14,836 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store 237260 14,816 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 237518 14,794 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 237431 14,492 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 237366 14,214 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 5382 13,994 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 237938 13,969 HOUSE OF PRINT Printing Community Brochure 238098 13,850 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Den Road Liquor Store 5379 13,637 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 5392 13,597 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 238138 13,419 HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Capital Impr./Maint.Fund 237077 13,397 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 237531 13,397 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 237986 13,397 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 237886 13,169 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Den Road Liquor Store 237869 13,086 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Den Road Liquor Store 237318 12,887 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Den Road Liquor Store 237861 12,532 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Explanation 238192 12,502 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Den Road Liquor Store 237317 12,281 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store 1010522 12,269 KUSTOM SIGNALS INC Capital Under$25,000 Police 238160 12,073 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 237610 12,057 HAMMEL,GREEN AND ABRAHAMSON Design&Engineering CmtyCtr Pool Upgrade/Expansion 237147 12,036 MATTS AUTO SERVICE INC Miscellaneous DWI Forfeiture 1010390 12,009 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 238045 11,951 HAMMEL,GREEN AND ABRAHAMSON Design&Engineering Aquatics&Fitness Expansion 237125 11,937 GRAYMONT Treatment Chemicals Water Treatment Plant 237847 11,891 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 237177 11,693 RACHEL CONTRACTING LLC Improvement Contracts Storm Drainage 237650 11,507 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 237402 11,440 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 237783 11,128 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store 1010514 10,928 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering 1010477 10,718 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 238159 10,655 MN MECHANICAL SOLUTIONS INC Equipment Repair&Maint Water Treatment Plant 238146 10,597 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 237300 10,522 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Den Road Liquor Store 237168 10,500 MUNICIPAL LEGISLATIVE COMMISSION Dues&Subscriptions City Council 237562 10,123 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 237837 10,094 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 237176 10,000 PULTE GROUP Deposits Escrow 238087 9,722 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Den Road Liquor Store 238168 9,661 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1010463 9,375 HEWLETT-PACKARD COMPANY Computers IT Operating 238131 9,282 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Building FF&E-Furn,Fixtures&Equip. 237749 9,085 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 237186 9,078 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 237432 8,990 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store 237282 8,980 NATIONAL RESEARCH CENTER INC Other Contracted Services City Council 237067 8,972 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 237981 8,963 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 237184 8,856 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Storm Drainage 1010376 8,773 DAY DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 237820 8,763 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts DWI Forfeiture 237355 8,685 HENNEPIN COUNTY MEDICAL CENTER Employment Support Test Police 5386 8,647 GENESIS EMPLOYEE BENEFITS,INC HSA General Fund 237948 8,590 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 237493 8,540 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 237269 8,189 LIFE FITNESS Capital Under$25,000 Fitness Center 237554 8,170 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance 238133 8,140 GRAYMONT Treatment Chemicals Water Treatment Plant 237084 8,100 SITEIMPROVE,INC Other Contracted Services Communications 238099 8,092 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Den Road Liquor Store 237350 8,082 GRAYMONT Treatment Chemicals Water Treatment Plant 1010467 8,050 METRO SALES INCORPORATED* Other Rentals Police 237803 8,000 CLIFTONLARSONALLEN LLP Audit&Financial Finance 1010424 7,939 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1010486 7,844 DAY DISTRIBUTING Liquor Product Received Den Road Liquor Store 237926 7,815 GRAYMONT Treatment Chemicals Water Treatment Plant 238010 7,811 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store 237688 7,795 BATTCHER AND AERO ELECTRICAL CONSTRUCTIO Equipment Repair&Maint Water Storage 237319 7,786 XIGENT SOLUTIONS LLC Software Maintenance IT Operating 237680 7,752 ALTERNATIVE BUSINESS FURNITURE INC Capital Under$25,000 Police City Center 237709 7,734 GRAYMONT Treatment Chemicals Water Treatment Plant Check# Amount Supplier/Explanation Account Description Business Unit Explanation 237624 7,662 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 237208 7,612 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 1010431 7,518 BRAUN INTERTEC CORPORATION Other Contracted Services Aquatics&Fitness Expansion 237424 7,500 ULTIMATE SOFTWARE GROUP,THE Other Assets IT Capital 237718 7,350 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 238058 7,328 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 237819 7,315 ELECTRICAL INSTALLATION&MAINTENANCE Other Contracted Services Water Treatment Plant 1010379 7,245 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 237066 7,238 MINNESOTA UI FUND Unemployment Compensation Organizational Services 237897 7,056 BASELINE INC Improvements to Land Capital Outlay Parks 237072 6,861 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 237207 6,779 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Den Road Liquor Store 237150 6,749 METRO CITIES Dues&Subscriptions City Council 237616 6,700 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 237564 6,600 US POSTMASTER-HOPKINS Postage Community Brochure 237120 6,545 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Police 238200 6,527 H-11 DIGITAL FORENSICS COMPANY LLC Tuition Reimbursement/School Federal Non-Drug Forfeitures 238011 6,506 3D SPECIALTIES Seal Coating Traffic Signs 5384 6,425 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 1010462 6,423 HAWKINS INC Treatment Chemicals Water Treatment Plant 237666 6,257 VERMONT SYSTEMS,INC Other Contracted Services Community Center Admin 237082 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 237656 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 237758 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 238047 6,250 HENNEPIN TECHNICAL COLLEGE Other Contracted Services Organizational Services 238172 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 238094 6,244 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Volleyball 1010469 6,215 NEW WORLD SYSTEMS Conference/Training Fire 1010433 6,164 DAY DISTRIBUTING Liquor Product Received Den Road Liquor Store 237200 6,137 VERMONT SYSTEMS,INC Other Contracted Services Community Center Admin 237525 6,123 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 237600 6,073 EATS Other Contracted Services Garden Room Repairs 237271 6,050 M R SIGN Signs Traffic Signs 237354 5,820 HEALTHPARTNERS Health&Fitness Fire 237853 5,559 MN DEPT OF TRANSPORTATION Equipment Repair&Maint Shady Oak Road/CR 61 SOUTH 237646 5,417 OLYMPIC HILLS GOLF CLUB Operating Supplies Fire 238007 5,376 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 237990 5,370 SCHMIDT,HARVEY Application Fees Escrow 237345 5,355 ENVIRONMENTAL EQUIPMENT&SERVICES Equipment Parts Fleet Operating 237555 5,270 VERIZON WIRELESS Wireless Subscription Park Maintenance 237657 5,248 SHORT ELLIOTT HENDRICKSON INC Design&Engineering EP Rd Connect to Flying Cloud 237661 5,200 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council 238036 5,145 EHLERS&ASSOCIATES INC Other Contracted Services Project Fund 1010520 5,067 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Operations 237880 5,048 VERIZON WIRELESS Other Contracted Services IT Operating 238083 5,028 PROP Refunds CDBG-Public Service 237715 4,991 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 237747 4,940 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 237876 4,920 SUNRISE PAINTING&WALLCOVERING,INC Other Contracted Services CIP-Leasing Costs 237172 4,905 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 237823 4,866 FMHC CORPORATION Developer Fees Escrow 237781 4,641 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 238118 4,639 DAVE'S FLOOR SANDING&INSTALLING INC Contract Svcs-General Bldg Senior Center 237430 4,593 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 237815 4,569 DYNAMIC IMAGING SYSTEMS INC Software Maintenance IT Operating 238127 4,560 FIRE SAFETY USA INC Operating Supplies Fire Check# Amount Supplier/Explanation Account Description Business Unit Explanation 237122 4,546 G&K SERVICES Clothing&Uniforms Park Maintenance 237859 4,525 OVERLAND CONTRACTING INC Developer Fees Escrow 237415 4,470 ST PAUL LINOLEUM AND CARPET CO Contract Svcs-General Bldg CIP-Leasing Costs 237070 4,460 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 237799 4,433 BUSINESS IMPACT GROUP Clothing&Uniforms Fire 1010393 4,386 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 1010387 4,334 VAN PAPER COMPANY Cleaning Supplies Senior Center 237051 4,243 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 1010506 4,173 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM 237478 4,141 GRAYMONT Treatment Chemicals Water Treatment Plant 238042 4,080 GRAYMONT Treatment Chemicals Water Treatment Plant 1010492 4,080 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 237248 3,988 GRAYMONT Treatment Chemicals Water Treatment Plant 237609 3,968 GRAYMONT Treatment Chemicals Water Treatment Plant 237827 3,968 GRAYMONT Treatment Chemicals Water Treatment Plant 238166 3,949 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 1010456 3,932 CERIDIAN Ceridian IT Operating 1010436 3,919 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 237669 3,773 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 238141 3,750 IND SCHOOL DISTRICT 272 Other Contracted Services Housing and Community Service 237900 3,747 BLUESTEM HERITAGE GROUP Other Contracted Services Heritage Preservation 237925 3,682 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 238078 3,651 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1010475 3,644 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Treatment Plant 1010503 3,561 VINOCOPIA Liquor Product Received Den Road Liquor Store 237942 3,561 IMPACT PROVEN SOLUTIONS Other Contracted Services Environmental Education 237170 3,511 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 237096 3,497 WETLAND HABITAT RESTORATIONS,LLC Other Contracted Services Storm Drainage 237884 3,400 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 238073 3,372 PAPCO INC Tenant 1-Janitor Service City Hall-Direct Costs 237142 3,351 LUBE-TECH ESI Lubricants&Additives Fleet Operating 237091 3,346 TARGETSOLUTIONS LEARNING,LLC Training Supplies Fire 237316 3,290 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 237946 3,240 INTERTECH INC Other Contracted Services IT Operating 237741 3,161 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 237648 3,147 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 237189 3,100 SPRINGSTED INCORPORATED Other Contracted Services 2008B G.O.Improvement Bonds 238194 3,051 CENTURYLINK Elevators IT Telephone 1010502 3,033 VAN PAPER COMPANY Cleaning Supplies City Center Operations 237174 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 237391 3,000 MTOA Tuition Reimbursement/School Police 237752 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 237856 3,000 NATIONAL RESEARCH CENTER INC Other Contracted Services City Council 237814 2,992 DSO ARCHITECTURE INC Contract Svcs-General Bldg Facilities Capital 237054 2,978 KAISER,DAVID S Operating Supplies Fitness/Conference-Cmty Ctr 237225 2,976 CENTURYLINK Elevators IT Telephone 237695 2,976 CENTURYLINK Elevators IT Telephone 237289 2,974 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 237704 2,949 EMERGENCY RESPONSE SOLUTIONS Equipment Parts Emergency Preparedness 237489 2,944 IMPACT PROVEN SOLUTIONS Other Contracted Services Environmental Education 237442 2,940 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 237860 2,931 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 237395 2,919 NORTH AMERICAN SAFETY INC Clothing&Uniforms Park Maintenance 238205 2,896 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 237346 2,890 EXPLORER POST 925 Miscellaneous Reserves 1010423 2,821 STREICHERS Protective Clothing Police Check# Amount Supplier/Explanation Account Description Business Unit Explanation 237560 2,788 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1010389 2,769 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 238104 2,736 ACROSS THE STREET PRODUCTIONS Dues&Subscriptions Fire 237301 2,711 SOUTHWEST SUBURBAN PUBLISHING-CLASSIFIED Advertising Prairie Village Liquor Store 1010537 2,693 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 238038 2,691 FIRE SAFETY USA INC Equipment Repair&Maint Fire 237712 2,685 HENNEPIN COUNTY FIRE CHIEF ASSOCIATION Tuition Reimbursement/School Fire 238153 2,664 LUBE-TECH ESI Lubricants&Additives Water Treatment Plant 237386 2,638 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 237606 2,634 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 237659 2,621 STAPLES ADVANTAGE Supplies-General Building Police 1010374 2,600 BRAUN INTERTEC CORPORATION Other Contracted Services Outdoor Center 237679 2,554 ALM,APRIL Reimbursement-legal notices Escrow 238116 2,547 COUNTINGCARS.COM Operating Supplies Engineering 238130 2,458 GARY CARLSON EQUIPMENT Repair&Maint.Supplies Storm Drainage 237894 2,454 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 238049 2,451 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 237798 2,450 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Public Works/Parks 1010530 2,446 POMP'S TIRE SERVICE INC Tires Fleet Operating 238140 2,435 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 237953 2,431 KORTERRA,INC OCS-Leak Detection Utility Operations-General 238085 2,419 SHORT ELLIOTT HENDRICKSON INC Design&Engineering EP Rd Connect to Flying Cloud 1010516 2,411 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 237252 2,381 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 237504 2,375 LUBE-TECH ESI Equipment Repair&Maint Fleet Operating 237898 2,369 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 1010533 2,362 TEE JAY NORTH INC Contract Svcs-General Bldg Dunn Brothers 1010418 2,329 NEW WORLD SYSTEMS Equipment Repair&Maint IT Operating 237379 2,327 MARCO INC Equipment Repair&Maint IT Telephone 1010427 2,324 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 237299 2,306 SIGNSOURCE Equipment Parts Fleet Operating 237081 2,280 READY WATT ELECTRIC Equipment Repair&Maint Emergency Preparedness 1010449 2,251 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 237979 2,237 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 237381 2,222 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 237217 2,211 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 237188 2,209 SPIRIT APPAREL AND STUFF Operating Supplies Community Center Admin 237916 2,196 EDUCATION&TRAINING SERVICES Conference/Training Utility Operations-General 237683 2,194 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 237063 2,182 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Prairie View Liquor Store 237767 2,180 STEVE LUCAS PHOTOGRAPHY Operating Supplies Fire 237477 2,166 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 238107 2,162 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 237131 2,149 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 237637 2,144 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 238065 2,116 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 237406 2,103 RETROFIT COMPANIES,INC,THE Supplies-Electrical Fitness/Conference-Cmty Ctr 237211 2,100 MINNESOTA POLLUTION CONTROL AGENCY Conference/Training Sewer System Maintenance 237936 2,065 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 237341 2,056 E A SWEEN COMPANY Merchandise for Resale Concessions 238005 2,044 WELSH COMPANIES Other Contracted Services CIP-Leasing Costs 238063 2,044 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 1010466 2,032 MENARDS Building Repair&Maint. Park Maintenance 237617 2,028 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1010455 2,016 CENTERPOINT ENERGY Gas Sewer Liftstation 237222 2,000 CAOLA LANDSCAPE SERVICES,INC Other Contracted Services Water Capital Check# Amount Supplier/Explanation Account Description Business Unit Explanation 237785 2,000 A.M.PHOTOGRAPHY Other Contracted Services Communications 237899 2,000 BIZSTORY.BIZ,LLC. Other Contracted Services Police 238174 2,000 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service 237821 1,980 ERGOMETRICS Other Contracted Services Organizational Services 238137 1,980 HENNEPIN COUNTY TREASURER Licenses&Taxes Riley House 238190 1,974 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 237398 1,969 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 237206 1,965 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 238017 1,959 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe City Hall-CAM 237093 1,950 TRILLIUM TOWER DEVELOPMENT INC Design&Engineering Public Safety Communications 237330 1,949 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 237347 1,945 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 237322 1,925 ACROSS THE STREET PRODUCTIONS Tuition Reimbursement/School Fire 237731 1,900 LIFE SUPPORT INNOVATIONS Conference/Training Park Maintenance 237594 1,875 DAKOTA COUNTY TECHNICAL COLLEGE Conference/Training Fire 1010443 1,862 STONEBROOKE Autos Fire 237571 1,811 ALTERNATIVE BUSINESS FURNITURE INC Supplies-General Bldg Public Works/Parks 238056 1,810 INTERNATIONAL UNION OF OPERATING Union Dues Withheld General Fund 237219 1,810 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 237501 1,790 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions Storm Drainage 238132 1,764 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 237267 1,755 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 237621 1,754 INTERNATIONAL UNION OF OPERATING Union Dues Withheld General Fund 237416 1,733 STAPLES ADVANTAGE Office Supplies Customer Service 237351 1,700 GYM WORKS Repair&Maint.Supplies Fitness Center 238037 1,670 EMERGENCY RESPONSE SOLUTIONS Operating Supplies Fire 237088 1,669 SPORTS WORLD USA INC Operating Supplies Ice Operations 237574 1,659 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 237244 1,648 G&K SERVICES Clothing&Uniforms Utility Operations-General 237161 1,642 MINNESOTA SAFETY SERVICES LLC Instructor Service Pool Lessons 237572 1,637 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 237817 1,637 EATS Operating Supplies Wine Club/Events 237139 1,631 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 237487 1,623 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 238060 1,600 LANO EQUIPMENT INC Equipment Repair&Maint Storm Drainage 237229 1,599 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 238103 1,585 ACME AWNING COMPANY Other Contracted Services Rehab 237505 1,577 M R SIGN Signs Traffic Signs 238125 1,556 EPHS Facility Rentals Ice Operations 238143 1,553 INTERTECH INC Other Contracted Services IT Operating 238097 1,543 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1010416 1,533 MTI DISTRIBUTING INC Conference/Training Park Maintenance 237469 1,504 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 237693 1,500 BUELL CONSULTING INC Developer Fees Escrow 238155 1,500 MEALS ON WHEELS Other Contracted Services Housing and Community Service 238013 1,499 ADESA MPLS Miscellaneous DWI Forfeiture 237603 1,479 EMERGENCY RESPONSE SOLUTIONS Repair&Maint.Supplies Fire 237396 1,473 NORTHLAND MECHANICAL CONTRACTORS Maintenance Contracts Water Treatment Plant 237392 1,469 NAC Building Repair&Maint. Park Shelters 238034 1,457 EARL F ANDERSEN INC Signs Traffic Signs 238177 1,455 STAPLES ADVANTAGE Supplies-General Building Customer Service 1010438 1,441 PROSOURCE SUPPLY Supplies-General Bldg Fitness/Conference-Cmty Ctr 237762 1,440 SOCCER SHOTS Instructor Service Preschool Events 237157 1,430 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 1010402 1,430 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering 237839 1,400 KOLLMER CONSULTANTS INC Design&Engineering Water Capital Check# Amount Supplier/Explanation Account Description Business Unit Explanation 237832 1,392 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 237116 1,387 E A SWEEN COMPANY Merchandise for Resale Concessions 238075 1,386 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 237632 1,376 MICHALES&BARBOSA Improvement Contracts Shady Oak Road/CR 61 NORTH 237378 1,369 LUBE-TECH ESI Equipment Repair&Maint Fleet Operating 237151 1,367 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 237098 1,361 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 237302 1,349 SOVEREIGN ESTATE WINE Liquor Product Received Prairie Village Liquor Store 1010517 1,343 GRAINGER Supplies-Plumbing Fleet Operating 1010490 1,341 FLEETPRIDE INC Equipment Repair&Maint Fleet Operating 237201 1,339 VESSCO INC Repair&Maint.Supplies Water Treatment Plant 237171 1,335 PERKINS+WILL INC Other Contracted Services Planning 1010508 1,334 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1010382 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 237738 1,332 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 237352 1,325 HAMLINE UNIVERSITY Tuition Reimbursement/School Water Treatment Plant 237462 1,323 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 237385 1,320 MINNESOTA SAFETY SERVICES LLC Instructor Service Pool Lessons 238016 1,298 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 237536 1,286 RETROFIT COMPANIES,INC,THE Supplies-Electrical City Hall-CAM 237849 1,286 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Den Road Liquor Store 1010519 1,272 HAWKINS INC Treatment Chemicals Water Treatment Plant 237931 1,260 HEALTHPARTNERS Health&Fitness Fire 1010395 1,257 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 237133 1,250 HIGBEE&ASSOCIATES TRUST ACCOUNT Advertising Prairie View Liquor Store 237380 1,248 MAROTTA,VIC Instructor Service Lesson Skills Development 237205 1,240 WEIGHT WATCHERS NORTH AMERICA INC Other Contracted Services Organizational Services 238109 1,230 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 1010381 1,229 JOHN DEERE LANDSCAPES/LESCO Operating Supplies Capital Outlay Parks 1010512 1,226 CENTERPOINT ENERGY Gas Forest Hills Park 1010501 1,222 USA MOBILITY WIRELESS INC Pager&Cell Phone IT Operating 1010521 1,205 INTERSTATE POWER SYSTEMS INC Maintenance Contracts Water Wells 237134 1,202 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 237757 1,195 RETROFIT COMPANIES,INC,THE Contract Svcs-Electrical Public Works/Parks 237863 1,190 PISCHKE,NATHAN Refunds Storm Drainage 237871 1,187 SPIRIT APPAREL AND STUFF Clothing&Uniforms Fitness Center 237356 1,183 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 237793 1,182 ARVIG Fiber Lease Payments IT Operating 237443 1,182 ARVIG Fiber Lease Payments IT Operating 237519 1,181 NAC Contract Svcs-HVAC CIP-Leasing Costs 1010444 1,180 TWIN CITY SEED CO Repair&Maint.Supplies Storm Drainage 237163 1,173 MN DEPT OF TRANSPORTATION Testing-Soil Boring Shady Oak Road/CR 61 SOUTH 237198 1,170 US BANK Interest Investment Fund 237829 1,139 HD SUPPLY WATERWORKS LTD Operating Supplies Water Metering 237935 1,138 HIGHWAY 5 BP Equipment Repair&Maint Police 237828 1,122 GYM WORKS Repair&Maint.Supplies Fitness Center 1010401 1,117 COMPRESSED AIR CONCEPTS LLLC Contract Svcs-Fire/Life/Safe Public Works/Parks 237124 1,108 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 237686 1,100 ATLAS FOUNDATION CO Operating Supplies Park Maintenance 237812 1,100 D H EXCAVATING Burial&Marker Fees Pleasant Hill Cemetery 238069 1,100 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 237543 1,096 ST PAUL POLICE DEPARTMENT-PDI Tuition Reimbursement/School Police 1010406 1,095 GARTNER REFRIGERATION&MFG INC Contract Svcs-Ice Rink Ice Arena Maintenance 237327 1,084 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1010510 1,080 CARDIAC SCIENCE CORPORATION EMS Supplies Fire 237100 1,078 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Explanation 237625 1,073 JMS CUSTOM HOMES Building Permits General Fund 237448 1,070 BLOOMINGTON,CITY OF Kennel Services Animal Control 237689 1,056 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 237696 1,051 CENTURYLINK Wireless Subscription IT Operating 238195 1,051 CENTURYLINK Wireless Subscription IT Operating 237309 1,050 TWIN CITIES FANTASY FACTORY LLC Instructor Service Camps 237676 1,047 ACME TOOLS Repair&Maint.Supplies Park Maintenance 237156 1,040 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION Conference/Training Prairie Village Liquor Store 237053 1,037 JONES&BARTLETT LEARNING LLC Tuition Reimbursement/School Fire 237855 1,034 NAC Contract Svcs-HVAC City Hall-CAM 1010460 1,024 GRAINGER Repair&Maint.Supplies City Center Operations 237796 1,015 BLOOMINGTON,CITY OF Kennel Services Animal Control 237331 1,001 BOLTON&MENK INC Other Contracted Services Storm Drainage 237275 1,000 MINNESOTA CHAPTER IAAI Conference/Training Fire 237411 1,000 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service 237479 1,000 HAMLINE UNIVERSITY Dues&Subscriptions Storm Drainage 237602 1,000 EDINA,CITY OF Other Contracted Services Communications 237868 1,000 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service 237484 996 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 237540 994 SOUTH METRO CONCRETE PUMPING INC Equipment Repair&Maint Storm Drainage 238023 990 COBORNS Merchandise for Resale Concessions 237349 990 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 237274 978 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions 237226 973 CENTURYLINK Telephone IT Operating 237719 970 JOHN MELVIN KIRTLAND REV TR Reimbursement Escrow 237965 969 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions 237866 953 REVOVO DATA SERVICES Miscellaneous IT Operating 237270 950 LIFE SUPPORT INNOVATIONS Conference/Training Utility Operations-General 237503 950 LIFE SUPPORT INNOVATIONS Conference/Training Utility Operations-General 237844 950 LIFE SUPPORT INNOVATIONS Conference/Training Park Maintenance 1010457 949 CONCRETE CUTTING&CORING INC Small Tools Storm Drainage 1010513 949 CONCRETE CUTTING&CORING INC Small Tools Sewer System Maintenance 237520 949 NATIONAL MARTIAL ARTS ASSOCIATION,INC Instructor Service Lesson Skills Development 237247 926 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 237059 925 LEAGUE MN CITIES INS TRUST Insurance WAFTA 237049 919 INTERNATIONAL UNION OF OPERATING Union Dues Withheld General Fund 237138 919 INTERNATIONAL UNION OF OPERATING Union Dues Withheld General Fund 1010446 916 VINOCOPIA Liquor Product Received Den Road Liquor Store 237874 903 STAPLES ADVANTAGE Office Supplies Public Works/Parks 1010414 902 METRO SALES INCORPORATED* Equipment Rentals IT Operating 237537 900 ROBERT C VOGEL Other Contracted Services Heritage Preservation 237297 898 RETROFIT COMPANIES,INC,THE Supplies-Electrical CIP-Leasing Costs 237173 888 PITNEY BOWES Postage Customer Service 237326 883 APPERT'S FOODSERVICE Merchandise for Resale Concessions 237241 881 E A SWEEN COMPANY Merchandise for Resale Concessions 1010518 879 GRANICUS INC Equipment Repair&Maint Cable PEG 237153 875 MINNESOTA AWWA Conference/Training Water System Maintenance 237055 868 KEEPERS Clothing&Uniforms Police 1010437 866 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Pool Maintenance 5388 866 GENESIS EMPLOYEE BENEFITS,INC HSA Health and Benefits 237914 860 E A SWEEN COMPANY Merchandise for Resale Concessions 237283 848 NEW BRIGHTON FORD Equipment Parts Fleet Operating 237963 845 MEDICINE LAKE TOURS Special Event Fees Trips 237947 843 JANETSKI,BETH Operating Supplies Winter Theatre 238150 835 KEEPERS Clothing&Uniforms Fire 237593 833 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1010479 833 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 237281 829 NATIONAL MARTIAL ARTS ASSOCIATION,INC Instructor Service Lesson Skills Development 237579 828 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 1010511 828 CDW GOVERNMENT INC. Computers IT Operating 238105 825 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 237101 825 EHLERS&ASSOCIATES INC Conference/Training Finance 237143 825 MACPHAIL CENTER FOR MUSIC Other Contracted Services New Adaptive 237724 821 KEEPERS Clothing&Uniforms Fire 237701 812 E A SWEEN COMPANY Merchandise for Resale Concessions 237809 810 COSTCO Miscellaneous Organizational Services 237739 810 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 237286 808 NORTH AMERICAN SAFETY INC Clothing&Uniforms Utility Operations-General 237634 783 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 237510 772 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions 1010527 766 MTI DISTRIBUTING INC Equipment Repair&Maint Park Maintenance 238178 763 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs-Plumbing Senior Center 237932 756 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 237694 756 CALIFORNIA CONTRACTORS SUPPLIES INC Clothing&Uniforms Utility Operations-General 237344 753 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fire 238043 751 GYM WORKS Repair&Maint.Supplies Fitness Center 237363 750 INNOVATIVE GRAPHICS Clothing&Uniforms Police 237559 750 WELLS FARGO BANK MINNESOTA NA Paying Agent 2012C GO Perm Impr Ref Bonds 237746 750 NSORO MASTEC,LLC Developer Fees Escrow 237773 750 T-MOBILE USA Developer Fees Escrow 237878 750 ULTIMATE SOFTWARE GROUP,THE Other Assets IT Capital 237987 750 ROBERT C VOGEL Other Contracted Services Heritage Preservation 238001 750 T-MOBILE USA Developer Fees Escrow 237292 748 PETTY CASH Miscellaneous Inspections-Administration 237408 740 SAFEASSURE CONSULTANTS INC Conference/Training Community Center Admin 237458 738 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 238122 732 EDEN PRAIRIE WINLECTRIC Equipment Repair&Maint Traffic Signals 1010497 729 ROTO-ROOTER Contract Svcs-Plumbing Park Shelters 238020 726 CINTAS CORPORATION Cleaning Supplies Utility Operations-General 237061 725 MAXIMUM SOLUTIONS INC Other Contracted Services Community Center Admin 237623 725 JANETSKI,BETH Other Contracted Services Winter Theatre 238093 722 UNITED WAY United Way Withheld General Fund 238167 722 PETTY CASH Mileage&Parking Elections 237664 709 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball 237288 709 PAPCO INC Cleaning Supplies Fitness/Conference-Cmty Ctr 237445 708 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 237254 700 HOUTZ,STEPHEN J Other Contracted Services Winter Theatre 237277 700 MINNESOTA REVENUE Deposits-P&R Refunds Senior Center Programs 237864 697 PLASTIC BAG MART Liquor Product Received Den Road Liquor Store 237877 696 TKO WINES,INC Liquor Product Received Prairie Village Liquor Store 237972 693 NAC Contract Svcs-HVAC Fire Station#1 1010435 684 FASTENAL COMPANY Equipment Parts Sewer System Maintenance 1010478 683 WATSON CO INC,THE Merchandise for Resale Concessions 237644 680 NAHRO Dues&Subscriptions Community Development Admin. 237584 677 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 237662 675 TARGET CENTER Special Event Fees Special Events&Trips 237941 675 IIMC Conference/Training City Clerk 237544 673 STAPLES ADVANTAGE Office Supplies Police City Center 237449 668 BMI GENERAL LICENSING Licenses,Permits,Taxes Arts 237792 660 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1010410 655 INTERSTATE POWER SYSTEMS INC Maintenance Contracts Water Treatment Plant 237388 654 MOBILE RADIO ENGINEERING INC Equipment Repair&Maint Public Safety Communications Check# Amount Supplier/Explanation Account Description Business Unit Explanation 237940 650 I SPACE Contract Svcs-General Bldg Police City Center 237647 650 OXYGEN SERVICE COMPANY EMS Supplies Fire 237080 644 PROP United Way Withheld General Fund 237079 638 PRINT SOURCE MINNESOTA Printing Arts 237613 627 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 237835 626 INDOFF INCORPORATED Office Supplies Customer Service 237237 626 COSTCO Miscellaneous Organizational Services 237419 625 SUBURBAN UTILITIES SUPERINTENDENTS ASSOC Dues&Subscriptions Utility Operations-General 237214 623 AMERICAN PLANNING ASSN Dues&Subscriptions Community Development Admin. 237514 622 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 238120 617 E A SWEEN COMPANY Merchandise for Resale Concessions 1010448 617 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 237078 606 PRICISE MRM LLC Equipment Parts Fleet Operating 237903 600 BROCK WHITE COMPANY LLC Repair&Maint.Supplies Storm Drainage 238126 600 FACE IT FOUNDATION Other Contracted Services Organizational Services 238161 600 MOTIVATING BODIES,INC. Other Contracted Services Organizational Services 237826 597 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 237285 595 NORTH AMERICAN RESCUE Protective Clothing Fire 237370 593 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Day Care 238051 592 IDCSERVCO Office Supplies Community Center Admin 237787 591 PETTY CASH Mileage&Parking Prairie View Liquor Store 237667 581 WATER CONSERVATION SERVICES INC OCS-Utility Locates Water System Maintenance 237608 579 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 237716 576 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 237111 576 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 238149 572 JONES&BARTLETT LEARNING LLC Tuition Reimbursement/School Fire 237483 560 HEALTHPARTNERS Health&Fitness Fire 237599 560 EARL F ANDERSEN INC Signs Traffic Signs 237209 553 ZINTL CONSTRUCTION SYSTEMS Other Contracted Services CIP-Leasing Costs 238117 550 D H EXCAVATING Burial&Marker Fees Pleasant Hill Cemetery 1010487 549 EXTREME BEVERAGE Liquor Product Received Den Road Liquor Store 237708 547 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 1010385 543 THE OASIS GROUP Employee Assistance Organizational Services 237789 540 AMAZING ATHLETES OF SOUTHWEST METRO Instructor Service Preschool Events 1010524 539 MENARDS Safety Supplies Fire 237068 536 OXYGEN SERVICE COMPANY EMS Supplies Fire 237982 534 PITNEY BOWES Postage Customer Service 237691 532 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 237223 529 CARGO PROTECTORS INC Repair&Maint.Supplies Sewer Liftstation 238134 526 GYM WORKS Repair&Maint.Supplies Fitness Center 1010396 524 BIFFS INC Waste Disposal Park Maintenance 237660 522 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 237129 520 HD SUPPLY WATERWORKS LTD Equipment Parts Sewer Liftstation 237702 520 EDEN PRAIRIE CHAMBER OF COMMERCE Advertising Prairie Village Liquor Store 237334 520 CENTURYLINK Wireless Subscription IT Telephone 237816 518 E A SWEEN COMPANY Merchandise for Resale Concessions 237998 517 TEAM LABORATORY CHEMICAL CORPORATION Repair&Maint.Supplies Sewer Liftstation 237494 514 JMS CUSTOM HOMES AR Utility Water Enterprise Fund 1010465 511 JANEX INC Cleaning Supplies Fire Station#1 237862 511 PINNACLE DISTRIBUTING Liquor Product Received Den Road Liquor Store 237984 507 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 237491 503 INDOFF INCORPORATED Office Supplies Customer Service 237221 503 CALIFORNIA CONTRACTORS SUPPLIES INC Clothing&Uniforms Utility Operations-General 238077 500 PETTY CASH-POLICE DEPT Canine Supplies Police 237517 500 MN DNR ECOLOGICAL AND WATER RESOURCES Licenses,Permits,Taxes Storm Drainage 237755 500 PRAIRIEVIEW PROPERTIES,LLC Right of Way&Easement Trail Construction Check# Amount Supplier/Explanation Account Description Business Unit Explanation 237887 500 MCLEOD COUNTY SHERIFFS DEPT. Deposits Escrow 238014 500 AMAZING ATHLETES OF SOUTHWEST METRO Instructor Service Preschool Events 238100 500 ANOKA COUNTY SHERIFFS DEPT Deposits Escrow 238101 500 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 237722 490 KAISER,DAVID S Equipment Repair&Maint Fitness Center 237162 488 MINVALCO INC Building Repair&Maint. Utility Operations-General 238106 486 APPERT'S FOODSERVICE Merchandise for Resale Concessions 237497 484 KEEPERS Clothing&Uniforms Animal Control 237106 480 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1010485 478 CUSTOM HOSE TECH Equipment Parts Fleet Operating 237834 477 INDEPENDENT SCHOOL DISTRICT 270 Fiber Lease Payments IT Operating 238156 476 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions 237917 475 EMERGENCY RESPONSE SOLUTIONS Equipment Parts Emergency Preparedness 1010488 475 FASTENAL COMPANY Signs Traffic Signs 237977 474 OXYGEN SERVICE COMPANY EMS Supplies Fire 237387 473 MINNESOTA WANNER COMPANY Supplies-General Bldg Fire Station#1 238123 471 ELECTRICAL INSTALLATION&MAINTENANCE Equipment Repair&Maint Sewer Liftstation 237825 471 GIRARD'S BUSINESS SOLUTIONS INC Equipment Repair&Maint IT Operating 237295 467 PLASTIC BAG MART Liquor Product Received Den Road Liquor Store 238079 466 PINNACLE DISTRIBUTING Liquor Product Received Den Road Liquor Store 237776 465 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 237119 464 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Police 237893 462 APPERT'S FOODSERVICE Merchandise for Resale Concessions 237413 462 SPEEDPRO IMAGING INC Operating Supplies Ice Operations 238197 454 COSTCO Operating Supplies Organizational Services 237959 454 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Park Maintenance 1010392 447 AMERITRAK Other Contracted Services Snow&Ice Control 237685 447 ASPEN MILLS Clothing&Uniforms Fire 237801 446 CENTURYLINK Wireless Subscription IT Telephone 237447 445 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Park Maintenance 237304 442 STERLING FENCE INC Repair&Maint.Supplies Water Wells 237465 441 E A SWEEN COMPANY Merchandise for Resale Concessions 237771 440 THREE RIVERS PARK DISTRICT Other Contracted Services Storm Drainage 238080 436 PLASTIC BAG MART Liquor Product Received Den Road Liquor Store 237912 434 CURTS CUSTOM DECKS INC Building Permits General Fund 1010388 431 VANDENBERGHE,MARK Travel Expense Fire 238004 430 WARNING LITES Signs Traffic Signs 1010536 430 WALL TRENDS INC Supplies-General Dunn Brothers 237598 428 E A SWEEN COMPANY Merchandise for Resale Concessions 237830 428 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 237818 422 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Fire 237750 421 PLASTIC BAG MART Liquor Product Received Prairie Village Liquor Store 237944 408 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 237521 408 OLSEN CHAIN&CABLE Repair&Maint.Supplies Water Metering 237872 405 SPORTS PRO LLC Equipment Repair&Maint Police 237766 400 STENOIEN,KRISTEN Deposits-P&R Refunds Community Center Admin 237957 400 LIFETRACK Other Contracted Services Organizational Services 238040 400 GAS TANK RENU OF MINNESOTA Equipment Repair&Maint Fleet Operating 238102 400 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 237618 400 HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Police City Center 1010411 398 JEFFERSON FIRE&SAFETY INC Equipment Repair&Maint Fire 238092 397 TRI STATE BOBCAT INC. Equipment Parts Fleet Operating 237312 397 VERIZON WIRELESS Telephone Park Maintenance 1010483 390 BERRY COFFEE COMPANY Merchandise for Resale Concessions 238209 390 TASER TRAINING ACADEMY Tuition Reimbursement/School Police 237456 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service Check# Amount Supplier/Explanation Account Description Business Unit Explanation 237905 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 237231 385 COGNITIVE VENTURES CHANHASSEN LLC Other Contracted Services Senior Center Programs 237737 384 MEDICINE LAKE TOURS Special Event Fees Trips 237048 383 INTERNATIONAL CODE COUNCIL Dues&Subscriptions Inspections-Administration 237191 375 STORK,ALEX Other Contracted Services Water Treatment Plant 237857 375 NORTH AMERICAN SAFETY INC Clothing&Uniforms Utility Operations-General 237883 375 WIGLEY AND ASSOCIATES Other Contracted Services Communications 238000 373 TITAN MACHINERY Equipment Repair&Maint Fleet Operating 237178 371 REALIFE VALLEY VIEW COOP AR Utility Water Enterprise Fund 237699 370 DEALER AUTOMOTIVE SERVICES INC Autos Fire 237713 369 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 237552 369 TRADEMARK TITLE SERVICES INC AR Utility Water Enterprise Fund 1010445 368 VAN PAPER COMPANY Cleaning Supplies City Hall-Direct Costs 237937 367 HOME DEPOT CREDIT SERVICES Supplies-Plumbing Public Works/Parks 238162 366 MUNICIPAL EMERGENCY SERVICES Protective Clothing Fire 1010450 364 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1010505 364 ZEP MANUFACTURING CO Operating Supplies Fleet Operating 237073 363 PLASTIC BAG MART Liquor Product Received Prairie View Liquor Store 1010471 362 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof Fire Station#1 238019 362 CENTURYLINK Telephone IT Telephone 237145 361 MARCO INC Equipment Repair&Maint IT Telephone 1010532 358 STREICHERS Clothing&Uniforms Police 237085 350 SOUNDS GREAT Instructor Service Skating Rinks/Warming Houses 237185 350 SOUNDS GREAT Instructor Service Special Events&Trips 237255 350 IACP Dues&Subscriptions Police 238164 350 NORTHERN AIR CORPORATION Contract Svcs-Plumbing City Hall-Direct Costs 237791 350 APPERT'S FOODSERVICE Merchandise for Resale Concessions 237570 347 ACROSS THE STREET PRODUCTIONS Tuition Reimbursement/School Fire 237740 345 MINNESOTA POLLUTION CONTROL AGENCY Licenses&Taxes Water Treatment Plant 237596 337 DELUXE BUSINESS CHECKS&SOLUTIONS Bank and Service Charges Prairie View Liquor Store 1010400 336 CERIDIAN Ceridian IT Operating 237441 336 APPERT'S FOODSERVICE Merchandise for Resale Concessions 1010504 336 WHITE,BECKI Conference/Training Fire 1010523 335 MCNEILUS STEEL INC Repair&Maint.Supplies Sewer System Maintenance 237962 334 MASTER CRAFT LABELS INC Small Tools Fleet Operating 237323 334 ACTION FLEET INC Autos Fire 237788 334 ALTERNATIVE BUSINESS FURNITURE INC Supplies-General Bldg Police City Center 238142 330 INDOFF INCORPORATED Office Supplies Customer Service 237074 328 POPE DOUGLAS SOLID WASTE MANAGEMENT Other Contracted Services Police 237943 326 IND SCHOOL DIST 272 Printing Arts Center 237276 325 MINNESOTA CHIEFS OF POLICE ASSOCIATION Conference/Training Police 237313 325 VERLEY,TARYN Other Contracted Services Winter Theatre 237383 325 MINNESOTA DEPARTMENT OF PUBLIC SAFETY Licenses&Taxes Water Treatment Plant 237192 324 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 237473 322 GARELICK STEEL CO INC Equipment Parts Fleet Operating 1010375 319 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 237476 319 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 238095 317 VERIZON WIRELESS Telephone Park Maintenance 237665 315 VERIZON WIRELESS Telephone Park Maintenance 237908 315 COGNITIVE VENTURES CHANHASSEN LLC Other Contracted Services Senior Center Programs 237242 313 EARL F ANDERSEN INC Signs Traffic Signs 237858 312 OLSEN CHAIN&CABLE Clothing&Uniforms Sewer Utility-General 1010434 312 EXTREME BEVERAGE Liquor Product Received Prairie View Liquor Store 237692 310 BRO-TEX INC Operating Supplies Fleet Operating 237615 310 HENNEPIN COUNTY 1/T DEPT Equipment Repair&Maint Public Safety Communications 1010507 308 BANK BEER CO Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Explanation 1010425 307 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 237094 306 UNITED WAY United Way Withheld General Fund 237294 305 PINNACLE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 238136 304 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 237761 303 SCHERER BROTHERS LUMBER CO Operating Supplies Street Maintenance 1010452 303 CARDIAC SCIENCE CORPORATION Operating Supplies Police 237358 300 IACP Dues&Subscriptions Police 237471 300 FRISVOLD,CHERI Equipment Repair&Maint Sewer System Maintenance 237513 300 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses&Taxes Senior Center 237566 300 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 237733 300 LUTHERAN SOCIAL SERVICE FINANCIAL COUNSE Other Contracted Services Organizational Services 238091 300 STERLING WELDING COMPANY INC Equipment Repair&Maint Water System Maintenance 237361 297 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1010472 296 PRAIRIE ELECTRIC COMPANY Contract Svcs-HVAC City Hall-CAM 238031 296 DISTRICT COURT ADMINISTRATOR Printing Police 237705 296 FIRE SAFETY USA INC Equipment Repair&Maint Fire 238086 296 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 237845 294 LUBE-TECH ESI Equipment Repair&Maint Fleet Operating 237108 293 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 237321 292 ACCELERATED TECHNOLOGIES LLC Equipment Repair&Maint Fitness Classes 237135 291 HOTSY MINNESOTA Equipment Repair&Maint Fleet Operating 237470 291 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 1010458 291 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld General Fund 237137 290 INDOFF INCORPORATED Office Supplies Customer Service 237923 290 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 237778 290 VINCO INC Building Permits General Fund 237224 290 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Organizational Services 237742 288 MINNESOTA WANNER COMPANY Equipment Parts Park Maintenance 237956 286 LAND EQUIPMENT INC Equipment Repair&Maint Park Maintenance 237348 285 FREDRICKSON,CAROL Other Contracted Services Senior Center Programs 237565 285 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 237930 281 HAYEN,LINDA Operating Supplies Winter Theatre 237284 280 NICOLLET COUNTY SHERIFFS DEPT Deposits Escrow 237437 280 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 237342 280 EATS Training Supplies Police 237410 277 SJF MATERIAL HANDLING INC Operating Supplies Traffic Signs 238021 276 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 237180 275 SARAH PIERCE PHOTOGRAPHY Instructor Service Special Events&Trips 237210 275 MINNESOTA POLLUTION CONTROL AGENCY Conference/Training Sewer System Maintenance 238176 275 ST PAUL,CITY OF-DEPT OF POLICE Tuition Reimbursement/School Police 238193 275 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 237149 270 MCPA/MN CRIME WATCH Dues&Subscriptions Police 237105 270 APPERT'S FOODSERVICE Merchandise for Resale Concessions 238154 270 MARCO INC Equipment Repair&Maint IT Telephone 237438 269 AERO DRAPERY AND BLIND Contract Svcs-Gen.Bldg City Center Operations 238208 265 ST PAUL POLICE DEPARTMENT-PDI Tuition Reimbursement/School Police 237651 263 PINEBROOK CARRIAGE HOMES Equipment Repair&Maint Trail Construction 237393 261 NEW BRIGHTON FORD Equipment Parts Fleet Operating 238199 261 GRAND VIEW LODGE Tuition Reimbursement/School Police 238203 261 LAW ENFORCEMENT OPPORTUNITIES Tuition Reimbursement/School Police 237971 261 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 237065 260 MINNESOTA CHIEFS OF POLICE ASSOC Dues&Subscriptions Police 237266 260 LAKE MONSTER BREWING Liquor Product Received Prairie Village Liquor Store 5377 259 CERIDIAN Garnishment Withheld General Fund 237175 258 PROP United Way Withheld General Fund 237653 258 PROP United Way Withheld General Fund Check# Amount Supplier/Explanation Account Description Business Unit Explanation 237969 258 MINNESOTA POLLUTION CONTROL AGENCY Waste Disposal Fleet Operating 238082 258 PROP United Way Withheld General Fund 237455 257 C E SUNDBERG COMPANY Supplies-General Building City Center Operations 237870 256 SOUTHWEST SUBURBAN PUBLISHING-CLASSIFIED Legal Notices Publishing City Clerk 237278 255 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Fredrick Miller Spring 5390 255 CERIDIAN Garnishment Withheld General Fund 237516 255 MINNESOTA WANNER COMPANY Equipment Parts Fleet Operating 237639 253 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Fredrick Miller Spring 237795 253 B&D PLUMBING AND HEATING Mechanical Surcharge General Fund 238033 252 E A SWEEN COMPANY Merchandise for Resale Concessions 237511 252 MILIO'S SANDWICHES Merchandise for Resale Concessions 237182 250 SENSIBLE LAND USE COALITION Dues&Subscriptions Administration 237273 250 MID-STATES ORGANIZED CRIME INFO CENTER Dues&Subscriptions Police 237353 250 HAMRE,CYNTHIA Other Contracted Services Accessibility 237428 250 UNIVERSITY OF MINNESOTA Conference/Training Fire 237620 250 INDOFF INCORPORATED Office Supplies Customer Service 237933 249 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 237578 248 BOOM ISLAND BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1010417 247 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 237902 245 BOWLSBY,JOHN AR Utility Water Enterprise Fund 238158 245 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Fredrick Miller Spring 1010442 244 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 1010405 244 FASTSIGNS Other Contracted Services Theatre Initiative 237921 242 GENERAL PARTS LLC Supplies-Garden Room Garden Room Repairs 1010459 241 FORCE AMERICA Equipment Parts Fleet Operating 237457 240 CENTURYLINK Telephone E-911 Program 237121 240 FIRE SAFETY USA INC Equipment Parts Fleet Operating 237257 240 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 237619 240 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 238187 240 USPCA REGION 18 Tuition Reimbursement/School Police 238182 240 UNIVERSAL ATHLETIC SERVICES INC Awards Broomball 1010529 239 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 238055 239 INNOVATIVE DATA SYSTEMS Other Contracted Services Emergency Preparedness 237060 238 MALLORY,BRUCE AR Utility Water Enterprise Fund 237114 238 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld General Fund 237592 238 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld General Fund 238028 238 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld General Fund 1010499 237 TOLL GAS AND WELDING SUPPLY Equipment Repair&Maint Fleet Operating 237744 236 NAC Contract Svcs-HVAC City Hall-CAM 237550 235 TALLEN&BAERTSCHI Legal Legal Criminal Prosecution 237136 234 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1010419 234 RIVERS EDGE CONCRETE Supplies-Asphalt/Concrete Public Works/Parks 237547 233 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs-HVAC Garden Room Repairs 237929 232 HARVEST BAKERY SERVICES INC. Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 237614 231 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Licenses&Taxes Fleet Operating 1010420 231 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies-HVAC City Hall-CAM 237588 228 COMCAST Cable TV Fire 237806 228 COMCAST Cable TV Fire 237822 228 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 237901 227 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 237534 225 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Day Care 237280 225 MNIAI Dues&Subscriptions Police 237601 224 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Administration 237338 223 COMCAST Wireless Subscription IT Operating 237215 222 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 237439 222 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Explanation 237681 222 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 237890 222 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 237384 220 MINNESOTA PRINT MANAGEMENT LLC Operating Supplies Finance 237126 220 GTS Conference/Training City Clerk 238185 220 US POSTMASTER Postage Customer Service 237262 220 KEEPERS Clothing&Uniforms Fire 237234 219 COMCAST Cable TV Fire 237089 218 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 237638 218 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire 238096 215 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 237197 215 URBAN LAM)INSTITUTE Dues&Subscriptions City Council 237675 215 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1010451 214 BOYER TRUCKS Equipment Parts Fleet Operating 237919 213 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 237528 213 PIRTEK PLYMOUTH Equipment Parts Water System Maintenance 1010408 212 GRAFIX SHOPPE Equipment Parts Fleet Operating 238022 212 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 237296 210 PRAHA DISTRIBUTING Liquor Product Received Den Road Liquor Store 237314 210 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 237629 210 LUBE-TECH ESI Equipment Repair&Maint Fleet Operating 237418 208 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 237553 208 ULTIMATE SOFTWARE GROUP,THE Other Assets IT Capital 237522 207 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Park Maintenance 1010489 206 FERGUSON ENTERPRISES#2516 Equipment Parts Water System Maintenance 238135 204 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Park Maintenance 238062 203 MARCO INC Other Contracted Services IT Telephone 237109 200 BRIANT,THOMAS Refunds Environmental Education 237250 200 HAYEN,LINDA Other Contracted Services Winter Theatre 237298 200 RODENZ,SANDRA K Other Contracted Services Winter Theatre 237308 200 SUNDQUIST,EMMETT Deposits-P&R Refunds Community Center Admin 237368 200 JOHNSON,ROGER Refunds Environmental Education 237577 200 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security Public Works/Parks 238179 200 TNT FIREWORKS OF ALABAMA Non-Develop.Fire Permits General Fund 1010429 199 ADAMS PEST CONTROL INC Other Contracted Services Fire 237446 198 BIEDERSTEIN,VICTORIA AR Utility Water Enterprise Fund 1010441 197 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 237729 195 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 237831 195 HERC U LIFT Tuition Reimbursement/School Police 237104 193 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 238015 193 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 237533 192 PRINT SOURCE MINNESOTA Advertising Prairie Village Liquor Store 1010482 192 BATTERIES PLUS Safety Supplies Fire 237372 190 LAKE COUNTRY DOOR LLC Contract Svcs-Security Garden Room Repairs 237474 190 GENERAL MACHINING INC. Repair&Maint.Supplies Miller Park 238121 189 EDEN PRAIRIE APPLIANCE Supplies-General Bldg Public Works/Parks 237486 189 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 237403 189 PINNACLE DISTRIBUTING Liquor Product Received Den Road Liquor Store 237643 187 NAC Building Repair&Maint. Water Treatment Plant 237467 186 EDEN PRAIRIE WINLECTRIC Small Tools Traffic Signals 1010373 186 BOUNDLESS NETWORK Operating Supplies Community Center Admin 237800 186 CALIFORNIA CONTRACTORS SUPPLIES INC Repair&Maint.Supplies Utility Operations-General 237117 183 EATS Operating Supplies Housing and Community Service 237983 182 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 237645 181 NORTH AMERICAN SAFETY INC Clothing&Uniforms Street Maintenance 1010526 178 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 1010484 178 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Explanation 237707 177 GERMSCHEID,JOHN Travel Expense Communications 1010415 176 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 237118 175 EDEN PRAIRIE CHAMBER OF COMMERCE Conference/Training Communications 238054 175 INDOFF INCORPORATED Dues&Subscriptions Assessing 237978 174 PARK JEEP INC Equipment Parts Fleet Operating 237753 174 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 238053 174 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 238181 173 UNIFORMS UNLIMITED Clothing&Uniforms Animal Control 238048 172 HIGHWAY 5 BP Operating Supplies Fire 237927 171 GS DIRECT Operating Supplies Engineering 237239 171 DIRECTV Other Contracted Services Community Center Admin 1010378 170 FASTENAL COMPANY Equipment Parts Fleet Operating 237563 170 HORGAN,KEVIN M Mileage&Parking Water Treatment Plant 237772 168 TKO WINES,INC Liquor Product Received Prairie Village Liquor Store 1010371 168 BERRY COFFEE COMPANY Merchandise for Resale Concessions 238169 166 PRAHA DISTRIBUTING Liquor Product Received Den Road Liquor Store 237409 164 SILVER STAR INDUSTRIES Autos Fire 237586 164 COMCAST Cable TV Fire 237804 164 COMCAST Cable TV Fire 1010528 163 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 237422 162 THREE RIVERS PARK DISTRICT Other Contracted Services Special Initiatives 1010439 161 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 237587 161 COMCAST Cable TV Fire 237805 161 COMCAST Cable TV Fire 238024 161 COMCAST Cable TV Fire 237154 160 MINNESOTA DEPT OF HEALTH Conference/Training Water System Maintenance 237382 160 MINNESOTA COUNTY ATTORNEYS ASSN Printing Police 237760 160 SCHAFFER,PHIL Instructor Service Senior Center Admin 237811 160 CUSTOM WOODBURNING BY THOR Operating Supplies Fire 237891 160 AMK RESEARCH SERVICES,LLC Other Contracted Services Senior Center Programs 1010500 160 TYRA-LUKENS,NANCY Mileage&Parking City Council 237311 160 UNIVERSAL ATHLETIC SERVICES INC Awards Touch Football 237841 159 LAKE COUNTRY DOOR LLC Building Repair&Maint. Utility Operations-General 237427 158 UNITED STATES POSTAL SERVICE Postage Senior Center Admin 237745 158 NORTHERN TOOL Small Tools Fleet Operating 238108 157 ASPEN MILLS Other Contracted Services Fire 238071 157 OLSEN CHAIN&CABLE Repair&Maint.Supplies Sewer System Maintenance 5387 156 OPTUM HEALTH Other Contracted Services Health and Benefits 237775 155 TRANSPORT GRAPHICS Autos Fire 237232 154 COMCAST Cable TV Fire 1010397 154 BOYER TRUCKS Equipment Parts Fleet Operating 1010494 153 LUNDGREN,CAROL Conference/Training Fleet Operating 1010496 152 QUALITY PROPANE Motor Fuels Fleet Operating 237233 151 COMCAST Cable TV Fire 237589 151 COMCAST Cable TV Fire 237272 150 MEMA Dues&Subscriptions Fire 237538 150 ROTHER,DIANE AR Utility Water Enterprise Fund 237655 150 RECYCLING ASSOCIATION OF MINNESOTA Dues&Subscriptions Recycle Rebate 238206 150 MSANI Tuition Reimbursement/School Police 1010426 150 USA SECURITY Maintenance Contracts Water Treatment Plant 237291 150 PELTOLA,MAX Refunds Environmental Education 1010384 148 QUALITY PROPANE Contract Svcs-Ice Rink Ice Arena Maintenance 237490 147 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 238088 146 STAPLES ADVANTAGE Office Supplies Customer Service 237227 146 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 238114 146 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General Check# Amount Supplier/Explanation Account Description Business Unit Explanation 237325 146 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 237790 146 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 238129 144 GALCO Repair&Maint.Supplies Water Treatment Plant 237202 144 VINE LINE DISTRIBUTION LLC Liquor Product Received Prairie View Liquor Store 237640 143 MINNESOTA WANNER COMPANY Equipment Parts Fleet Operating 237548 143 SUMMIT FIRE PROTECTION Contract Svcs-Fire/Life/Safe Fire Station#1 237768 141 STORMS WELDING&MFG INC. Building Materials Street Maintenance 237306 138 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 237310 138 UNIFORMS UNLIMITED Clothing&Uniforms Police 237336 136 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 237802 136 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 237265 135 LACOUNT SALES LLC Equipment Repair&Maint Sewer System Maintenance 237394 135 NOKOMIS SHOE SHOP Clothing&Uniforms Park Maintenance 1010525 135 METRO SALES INCORPORATED* Equipment Parts IT Operating 237627 134 KINGDALE KENNELS Canine Supplies Police 237359 134 IND SCHOOL DIST 272 Gym Rental Volleyball 237360 134 IND SCHOOL DIST 272 Gym Rental Volleyball 1010383 133 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 237472 132 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 237920 132 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 237230 132 CMI INC Miscellaneous DWI Forfeiture 237196 131 UNITED WAY United Way Withheld General Fund 237663 131 UNITED WAY United Way Withheld General Fund 1010391 131 A TO Z RENTAL CENTER Operating Supplies Wine Club/Events 238003 131 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 1010474 130 SHERWIN WILLIAMS CO Repair&Maint.Supplies Park Maintenance 237808 130 COMCAST Wireless Subscription IT Operating 237906 130 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 238066 130 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 237332 130 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 238050 129 HOTSY MINNESOTA Supplies-General Bldg Public Works/Parks 237253 128 HOTSY MINNESOTA Supplies-General Bldg Public Works/Parks 237631 128 MIANO,MIKE Mileage&Parking Skating Rinks/Warming Houses 237496 126 JOHNSON,STEVEN Refunds Environmental Education 237873 126 SPORTS WORLD USA INC Merchandise for Resale Concessions 1010413 126 MENARDS Equipment Parts Snow&Ice Control 237910 125 CSI FORENSIC SUPPLY Office Supplies Police 5395 125 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 237307 125 SUBURBAN UTILITIES SUPERINTENDENTS ASSOC Dues&Subscriptions Utility Operations-General 1010495 125 PAPER DIRECT INC Operating Supplies Wine Club/Events 237492 124 J P COOKE CO,THE Office Supplies Storm Drainage 1010421 123 SPRINT Computers IT Operating 237754 123 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 1010386 122 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Sewer System Maintenance 1010481 122 AMERICAN SOLUTIONS FOR BUSINESS Operating Supplies Community Center Admin 238110 122 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 237934 121 HENNEPIN COUNTY RESIDENT&REAL ESTATE Other Contracted Services Engineering 237499 120 KIND,DAN AR Utility Water Enterprise Fund 237529 120 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 237843 120 LAW ENFORCEMENT TECHNOLOGY GROUP LLC Canine Supplies Police 237994 120 SQUARE CUT Instructor Service Senior Center Programs 237583 120 CENTURYLINK Telephone IT Telephone 1010409 120 GRAINGER Small Tools City Center Operations 237810 119 CURRIMBHOY,FAIZ AR Utility Water Enterprise Fund 237711 118 HEITKAMP,VOLLIE Tuition Reimbursement/School Fitness Classes 238210 117 WANG,XIAOLI AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Explanation 238041 116 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 237633 116 MICRO CENTER A/R Miscellaneous IT Operating 238090 115 STEIDLE,KATHRYN Insurance Property Insurance 1010394 115 ATLANTIC TACTICAL Clothing&Uniforms Police 237362 115 INDOFF INCORPORATED Office Supplies Customer Service 237928 115 GSCHWENDTNER,JOHN AR Utility Water Enterprise Fund 237951 111 KOEHNEN,TODD AR Utility Water Enterprise Fund 237485 111 HENNEPIN COUNTY RESIDENT&REAL ESTATE Other Contracted Services Engineering 237337 110 CLEVE,ASHLEE Deferred Revenue General Fund 237376 110 LEITER,KEEFE Deferred Revenue General Fund 237852 110 MINNESOTA FIRE SERVICE CERTIFICATION BOA EMS Supplies Fire 5389 110 VANCO SERVICES Miscellaneous Community Center Admin 237597 108 DIRECTV Cable TV Community Center Admin 237700 108 DIRECTV Cable TV Community Center Admin 237765 107 STAPLES ADVANTAGE Office Supplies Customer Service 237238 107 CROWN MARKING INC Office Supplies City Clerk 238072 107 OXYGEN SERVICE COMPANY EMS Supplies Fire 238171 106 RETROFIT COMPANIES,INC,THE Supplies-Electrical Fitness/Conference-Cmty Ctr 238112 106 BUSINESS IMPACT GROUP Clothing&Uniforms Fire 237580 105 BUSINESS IMPACT GROUP Clothing&Uniforms Fire 237813 105 DEPARTMENT OF NATURAL RESOURCES Licenses&Taxes Park Maintenance 237364 105 J H LARSON COMPANY Repair&Maint.Supplies Park Maintenance 237444 104 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 237995 104 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 238119 103 DIRECTV Cable TV Community Center Admin 237881 102 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 238201 101 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 237132 101 HENNEPIN COUNTY TREASURER TIE Revenue Project Fund 1010432 101 CLAREY'S SAFETY EQUIPMENT Office Supplies Customer Service 237976 101 OMEGA INDUSTRIES Equipment Repair&Maint Park Maintenance 5385 100 GENESIS EMPLOYEE BENEFITS,INC HSA General Fund 237056 100 KOSEL,DAN Refunds Environmental Education 237128 100 HANSON,BRIAN Refunds Environmental Education 237130 100 HEDBERG,AMELIA Refunds Environmental Education 237141 100 LIMA,SUSAN Refunds Environmental Education 237183 100 SHOLD,DAVID P Refunds Environmental Education 237195 100 TUCKER,MARY Refunds Environmental Education 237246 100 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 237251 100 HOFFER,CLETIS Refunds Environmental Education 237264 100 KUDLA,MARK Refunds Environmental Education 237290 100 PEARSON,BARRY Refunds Environmental Education 237420 100 SWANSON,DALE Deposits-P&R Refunds Senior Center Programs 237454 100 BUTCHER,ROBERT Refunds Environmental Education 237466 100 EARP,PATRICIA Refunds Environmental Education 237545 100 STOLL,ANN MARIE Refunds Environmental Education 237551 100 THOMAS,JEFFREY&PATRICIA AR Utility Water Enterprise Fund 237576 100 BASIC,LAURIE&DAVID Refunds Environmental Education 237582 100 CARLSON,RAYMOND Refunds Environmental Education 237642 100 MPSTMA Conference/Training Park Maintenance 237698 100 CRAWFORD,GARY Refunds Environmental Education 237703 100 EDWARDS,CAROL Refunds Environmental Education 237714 100 HERRIG,TRACEY Refunds Environmental Education 237721 100 JONES,DEBORAH Refunds Environmental Education 237728 100 KREUTSBERG,GARY Refunds Environmental Education 237736 100 MCCORMICK,PATRICIA Refunds Environmental Education 237743 100 MONDEEL,KRIS Refunds Environmental Education Check# Amount Supplier/Explanation Account Description Business Unit Explanation 237759 100 SARASVATI,SORAJA Refunds Environmental Education 237840 100 KREITZER,CHARLES Refunds Environmental Education 237904 100 BRUENING,CHARLOTTE Refunds Environmental Education 237968 100 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses,Permits,Taxes Fitness/Conference-Cmty Ctr 237999 100 THOMAS,SUE Refunds Environmental Education 238057 100 ISLAMIC RESOURCE GROUP Other Contracted Services Arts 238157 100 MINNESOTA FIRE SERVICE CERTIFICATION BOA Dues&Subscriptions Fire 238184 100 US POLICE CANINE ASSOCIATION REGION 18 Dues&Subscriptions Police 238196 100 CHAPEK,COREY Refunds Environmental Education 238202 100 HENRY,ARLENE Refunds Environmental Education 1010498 100 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 237463 100 DIRECTV Cable TV Community Center Admin 237575 99 AUFENKAMP,HILLARY Deposits-P&R Refunds Community Center Admin 237199 98 VALLEY VIEW COOPERATIVE Refunds Environmental Education 237397 98 OXYGEN SERVICE COMPANY EMS Supplies Fire 237451 98 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 237797 98 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 237567 96 440400-NCPERS MINNESOTA PERA Health and Benefits 238012 96 440400-NCPERS MINNESOTA PERA Health and Benefits 238018 96 CENTURY COLLEGE Training Supplies Police 238124 95 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 238128 95 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating 237425 95 UNDESSER,JOHN Mileage&Parking Inspections-Administration 237421 95 TCALMC Conference/Training Fleet Operating 237573 95 ANDERBERG INNOVATIVE PRINT SOLUTIONS INC Printing Police 1010464 95 IDENTISYS Equipment Repair&Maint Public Safety Communications 237050 95 J H LARSON COMPANY Repair&Maint.Supplies Park Maintenance 1010491 95 GOLDAMER,DANA Mileage&Parking Ice Operations 237924 94 GRAEN,JULIE AR Utility Water Enterprise Fund 238029 94 CUB FOODS EDEN PRAIRIE Operating Supplies Police 1010476 93 STREICHERS Clothing&Uniforms Police 238070 92 NORTHERN TRUST COMPANY,THE Other Contracted Services Police 237682 92 APCO INTERNATIONAL Dues&Subscriptions Police 237488 90 HOWERTON,CANDICE AR Utility Water Enterprise Fund 237993 90 SOUTHWEST SUBURBAN PUBLISHING-CLASSIFIED Legal Notices Publishing City Clerk 237083 89 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage 237498 88 KENDELL DOORS&HARDWARE INC Supplies-Security CIP-Leasing Costs 237475 87 GENERAL PARTS LLC Supplies-Electrical Garden Room Repairs 237159 87 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 237203 86 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 238076 86 PETSMART Canine Supplies Police 237950 85 KOCOUREK,JOAN Clothing&Uniforms Police 237160 85 MINNESOTA REAL ESTATE JOURNAL Dues&Subscriptions Assessing 237769 85 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1010380 85 IRMITER,JESSE Operating Supplies Police 1010440 84 SAMS,JOHN Mileage&Parking Assessing 237892 84 ANDERSON,SANDRA AR Utility Water Enterprise Fund 237071 84 PETSMART Canine Supplies Police 237794 83 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 1010535 81 ULINE Office Supplies Police 237245 80 GENERAL MACHINING INC. Equipment Repair&Maint Park Maintenance 237390 80 MRPA Dues&Subscriptions Parks Administration 237652 80 POINT TO POINT GLOBAL SECURITY INC Reimbursement Supplement Employment 1010370 78 BECKER,DAVE Operating Supplies Police 1010468 78 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 237595 76 DELEGARD TOOL CO Small Tools Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Explanation 237064 75 MINNESOTA AMBULANCE ASSOCIATION Dues&Subscriptions Fire 237549 75 SWANSON,WARD AR Utility Water Enterprise Fund 237482 73 HD SUPPLY WATERWORKS LTD Small Tools Water Metering 237997 71 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 237152 70 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 237690 70 BOOM ISLAND BREWING COMPANY Liquor Product Received Prairie View Liquor Store 238035 70 EATS Operating Supplies Reserves 237678 69 AGET MANUFACTURING COMPANY Equipment Parts Fleet Operating 1010407 69 GINA MARIAS INC Operating Supplies Reserves 238081 68 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 237980 68 PERSON,MARION Deposits-P&R Refunds Community Center Admin 238148 68 JOHNSON,BETTY Deposits-P&R Refunds Community Center Admin 237896 68 AYAZ,SABRI AR Utility Water Enterprise Fund 237502 68 LEPSON,STEPHEN Repair&Maint.Supplies Concessions 237333 67 BUSINESS IMPACT GROUP Clothing&Uniforms Fire 237842 67 LAKELAND ENGINEERING EQUIP CO Repair&Maint.Supplies Water Treatment Plant 1010470 66 NUCO2 INC Supplies-Pool Pool Maintenance 238170 66 PRAIRIE LAWN AND GARDEN Repair&Maint.Supplies Fire 237865 64 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 237123 64 GENERAL MACHINING INC. Equipment Repair&Maint Park Maintenance 238111 64 BRANSON,CONNIE Deposits-P&R Refunds Community Center Admin 237846 63 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 238089 62 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 237611 62 HAUSER,ROZA Deposits-P&R Refunds Community Center Admin 237279 62 MINNESOTA WANNER COMPANY Equipment Parts Fleet Operating 237057 62 LARKSTUR ENGINEERING&SUPPLY INC Repair&Maint.Supplies Water Treatment Plant 237630 61 MACQUEEN EQUIPMENT INC Repair&Maint.Supplies Sewer System Maintenance 237075 60 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 237212 60 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 237636 60 MINNESOTA GOVT FINANCE OFFICERS ASSOC Dues&Subscriptions Finance 237727 60 KOSEL,WENDY Deposits Community Center Admin 238189 60 WHITEMAN,RON Deposits-P&R Refunds Community Center Admin 238173 60 SIGNSOURCE Signs Traffic Signs 237850 59 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 237824 59 GARELICK STEEL CO INC Contract Svcs-Plumbing Public Works/Parks 237546 59 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 238030 58 DIESEL COMPONENTS,INC. Equipment Parts Fleet Operating 1010539 58 ZIEGLER INC Equipment Parts Fleet Operating 1010404 58 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 237558 58 WELLER,KIMBERLY AR Utility Water Enterprise Fund 237668 56 WEMYSS,SCOTT Protective Clothing Fire 237459 56 CROWN MARKING INC Other Contracted Services Organizational Services 237069 55 PARKER,MARCIE Deposits-P&R Refunds Community Center Admin 237092 55 TODD,JUDY Deposits-P&R Refunds Community Center Admin 237687 55 BARTHEL,JOANNE Deferred Revenue General Fund 238163 55 NELSON,GINA Deferred Revenue General Fund 1010447 55 YLITALO,DEBRA Tuition Reimbursement/School Fitness Classes 237169 55 OURADA,FRANK Deposits-P&R Refunds Community Center Admin 237480 54 HANNEMAN,TODD AR Utility Water Enterprise Fund 1010509 52 BOYER TRUCKS Equipment Parts Fleet Operating 238006 51 WHITE,AARON AR Utility Water Enterprise Fund 237913 51 DIRECTV Other Contracted Services Police 237557 51 WEIDNER,SUSAN AR Utility Water Enterprise Fund 237058 50 LARSON,ROBERT Refunds Environmental Education 237218 50 BERNDT,SUZANNE Refunds Environmental Education 237440 50 ANDERSON,GERALD Refunds Environmental Education Check# Amount Supplier/Explanation Account Description Business Unit Explanation 237450 50 BOROSCH,PAUL&KATHIE Refunds Environmental Education 237512 50 MINNESOTA DEPARTMENT OF LABOR&INDUSTRY Licenses&Taxes Water Treatment Plant 237539 50 ROYER,AMANDA Refunds Environmental Education 237607 50 FOX,BRANDON Deposits-P&R Refunds Community Center Admin 237706 50 GAYTHER,MAARIE Refunds Environmental Education 237777 50 USPCA REGION 18 Dues&Subscriptions Police 237786 50 MINNESOTA BOARD OF SOCIAL WORK Other Contracted Services Housing and Community Service 237996 50 STATE OF MINNESOTA Licenses&Taxes Fleet Operating 238002 50 TOLL,DEREK&ANGIE Tuition Reimbursement/School Fitness Classes 238139 50 HILDI INC Audit&Financial Finance 238204 50 MINNESOTA DEPARTMENT OF LABOR&INDUSTRY Licenses&Taxes Water Treatment Plant 237434 50 ZENG,JINBO Refunds Environmental Education 237340 50 CUB FOODS EDEN PRAIRIE Training Supplies Police 237954 50 KRATZ,ROBERT Refunds Environmental Education 237194 49 SWEET,SHARON Deposits-P&R Refunds Community Center Admin 237468 49 ESTATE OF DONALD J JOHNSON AR Utility Water Enterprise Fund 237102 48 440400-NCPERS MINNESOTA PERA Health and Benefits 238046 47 HAWKINS,ANA AR Utility Water Enterprise Fund 237918 47 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 237500 47 KOEN,MERRIJO AR Utility Water Enterprise Fund 237235 46 COMCAST Cable TV Fire 237590 46 COMCAST Cable TV Fire 238025 46 COMCAST Cable TV Fire 237779 46 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 238144 46 J P COOKE CO,THE Operating Supplies Engineering 237228 46 CLEAN N PRESS MTKA Clothing&Uniforms Police 237622 45 J H LARSON COMPANY Repair&Maint.Supplies Purgatory Creek Park 238188 45 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 237213 45 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 237960 45 MAMA Dues&Subscriptions Administration 237328 45 ASPEN MILLS Clothing&Uniforms Police 237263 45 KRATZ,ROBERT Refunds Environmental Education 238008 44 WINTER,DEBORAH&PAUL AR Utility Water Enterprise Fund 237204 42 WATER HEATERS ONLY LLC Supplies-HVAC Fitness/Conference-Cmty Ctr 237770 42 TAYLOR,ELIZABETH Deposits-P&R Refunds Community Center Admin 237401 42 PETSMART Canine Supplies Police 237436 42 SCHUG,BRYAN Deposits Escrow 237717 41 JERRYS DO IT BEST Equipment Parts Sewer System Maintenance 237357 40 HOLMQUIST,DAVID Deposits Community Center Admin 237400 40 PETERSON,JOHN&HARRIET Deposits Community Center Admin 237407 40 ROONEY,PAUL&AUDREY Deposits Community Center Admin 237958 40 LUNDIN,KELLI Deposits-P&R Refunds Community Center Admin 237524 40 PATCH,RICHARD AR Utility Water Enterprise Fund 237464 38 DUMALAG,LEVITO AR Utility Water Enterprise Fund 238074 37 PARK NICOLLET OPTICAL Health&Fitness Fire 237404 35 PLEAA Dues&Subscriptions Police 237604 35 ENGINEERING MINNESOTA MAGAZINE Dues&Subscriptions Engineering 237751 35 PLEAA Licenses&Taxes Police 1010377 35 EXTREME BEVERAGE Liquor Product Received Den Road Liquor Store 237973 34 ODZER,RANDALL AR Utility Water Enterprise Fund 237315 34 WEBER,ANNETTE Deposits-P&R Refunds Community Center Admin 237677 33 ACTION FLEET INC Equipment Parts Fleet Operating 237148 32 MATULA,WAYNE Deposits-P&R Refunds Community Center Admin 237155 32 MINNESOTA DEPT OF HEALTH Tuition Reimbursement/School Water Treatment Plant 237952 32 KOENEN,JEREMY AR Utility Water Enterprise Fund 238044 32 HALDEMANN HOMME INC Supplies-General Bldg Fitness/Conference-Cmty Ctr Check# Amount Supplier/Explanation Account Description Business Unit Explanation 237113 32 COMCAST Wireless Subscription IT Operating 237807 32 COMCAST Wireless Subscription IT Operating 238165 31 OLSEN CHAIN&CABLE Repair&Maint.Supplies Sewer System Maintenance 237507 31 MEHL,RONALD&MOLLY AR Utility Water Enterprise Fund 237784 31 YOUNG,HELEN AR Utility Water Enterprise Fund 237453 31 BUCKNER,CHUCK AR Utility Water Enterprise Fund 1010430 30 BATTERIES PLUS Office Supplies Police 237097 30 WETLAND PROFESSIONALS ASSOCIATION Dues&Subscriptions Storm Drainage 237369 30 KENDELL DOORS&HARDWARE INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 237882 30 WASTL,GREG Conference/Training Softball 238183 30 UPPER MIDWEST COMMUNITY POLICING INSTITU Tuition Reimbursement/School Police 238207 30 SAVAGE CRIME PREVENTION OFFICER Tuition Reimbursement/School Police 237523 30 OPHOVEN SAW SERVICE Equipment Repair&Maint Senior Center Programs 237481 28 HASHEM,RAMZI AR Utility Water Enterprise Fund 1010473 28 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 237975 28 OLSON,JEFF AR Utility Water Enterprise Fund 237911 27 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 1010493 27 KRAEMERS HARDWARE INC Patching Asphalt Street Maintenance 237146 25 MASS/MRPA Dues&Subscriptions Senior Center Admin 237243 25 EDEN PRAIRIE CHAMBER OF COMMERCE Conference/Training Engineering 237303 25 STATE OF MINNESOTA DEPT OF PUBLIC SAFETY Licenses&Taxes Pool Maintenance 237641 25 MN STATE BOARD OF ASSESSORS Licenses&Taxes Assessing 237672 25 MINNESOTA CHAPTER OF APA Employment Advertising Organizational Services 237854 25 MNIAAI Dues&Subscriptions Fire 237875 25 STATE OF MINNESOTA Licenses&Taxes Fleet Operating 237915 25 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous City Council 237532 25 PRIBULA,MARTIN AR Utility Water Enterprise Fund 237287 24 OLSEN CHAIN&CABLE Repair&Maint.Supplies Sewer Liftstation 237460 24 CRS INC Supplies-Garden Room Garden Room Repairs 1010398 24 CAWLEY COMPANY,THE Clothing&Uniforms Den Road Liquor Store 237240 23 DUNN,BARB Deposits-P&R Refunds Community Center Admin 237851 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 237966 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 237967 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 238064 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 237115 22 CUB FOODS EDEN PRAIRIE Training Supplies Police 1010531 22 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 237895 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 237461 22 CURT SWANSON HOMES,LLC AR Utility Water Enterprise Fund 237879 21 UNIFORMS UNLIMITED Clothing&Uniforms Police 238115 21 CLEAN N PRESS MTKA Clothing&Uniforms Police 1010372 21 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 237268 20 LEAGUE OF MINNESOTA CITIES Conference/Training Human Resources 237324 20 ADAMS,KATHY J Deposits Community Center Admin 237329 20 BALASUBRAMANIAN,THIRUMALAI Deposits Community Center Admin 237335 20 CHEN,MEIYUN Deposits Community Center Admin 237343 20 EDEN PRAIRIE CHAMBER OF COMMERCE Conference/Training Economic Development 237365 20 JIN,BEI Deposits Community Center Admin 237371 20 KOSTELIZ,ANGELA Deposits Community Center Admin 237373 20 LARSON,DOROTHY Deposits Community Center Admin 237377 20 LIU,HOWARD Deposits Community Center Admin 237389 20 MONTAGUE,LUZMERY Deposits Community Center Admin 237399 20 PEA,DEBBIE Deposits Community Center Admin 237414 20 SPRAGUE,LINDA Deposits Community Center Admin 237417 20 STEELE,YVONNE Deposits Community Center Admin 237423 20 TOBIAS,JUDY Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Explanation 237429 20 WEBER,JAMES Deposits Community Center Admin 237433 20 WROBLEWSKI,JOANN Deposits Community Center Admin 237628 20 LEAGUE OF MINNESOTA CITIES Conference/Training Fleet Operating 237649 20 PETTY CASH-POLICE DEPT Motor Fuels Fleet Operating 237697 20 CHEN,MEIYUN Deposits Community Center Admin 237723 20 KALKBRENNER,DEBRA Deposits Community Center Admin 237725 20 KERVIN,THERESA L Deposits Community Center Admin 237730 20 LEWITSKE,LINDSEY Deposits Community Center Admin 237732 20 LIU,HOWARD Deposits Community Center Admin 237734 20 LYNCH,TRACY Deposits Community Center Admin 237748 20 PETERSON,JOHN&HARRIET Deposits Community Center Admin 237756 20 RADHAKRISHNAN,MURALI Deposits-P&R Refunds Community Center Admin 237764 20 SPRAGUE,LINDA Deposits Community Center Admin 237774 20 TOBIAS,JUDY Deposits Community Center Admin 237780 20 WILDE,ROGER Deposits Community Center Admin 238152 20 LIVINGSTON,MELISSA Deposits Community Center Admin 237836 20 JERRYS DO IT BEST Equipment Repair&Maint Senior Center Programs 238151 19 KOCOUREK,JOAN Clothing&Uniforms Police 237991 19 SCHULKE,REED Operating Supplies Theatre Initiative 238068 19 MUEHLBERG,ED AR Utility Water Enterprise Fund 237435 18 MAHONEY,CONOR P Deposits Escrow 237568 18 ABDUL,FUDAIL Deposits-P&R Refunds Community Center Admin 238145 18 JERRYS DO IT BEST Repair&Maint.Supplies Sewer Liftstation 238032 17 DONALD SALVERDA&ASSOCIATES Conference/Training Assessing 237939 15 HUBBELL,ROBIN AR Utility Water Enterprise Fund 238186 15 USPCA REGION 12 Dues&Subscriptions Police 237426 15 UNIFORMS UNLIMITED Clothing&Uniforms Police 237526 15 PELLETIER,PAUL AR Utility Water Enterprise Fund 237112 15 COMCAST Other Contracted Services Police 237585 15 COMCAST Other Contracted Services Police 238027 15 COMCAST Other Contracted Services Police 237907 14 CLEAN N PRESS MTKA Clothing&Uniforms Police 237190 14 STAPLES ADVANTAGE Office Supplies Customer Service 237922 14 GILDRED,JANET AR Utility Water Enterprise Fund 237988 13 RODGER,WILLIAM AR Utility Water Enterprise Fund 237258 13 INDOFF INCORPORATED Office Supplies Customer Service 237955 12 LANGAARD,ERIC AR Utility Water Enterprise Fund 1010453 11 CAWLEY COMPANY,THE Clothing&Uniforms Den Road Liquor Store 237945 11 INDOFF INCORPORATED Office Supplies Customer Service 238039 10 FISERV INC Bank and Service Charges Water Accounting 237320 10 PETTY CASH Mileage&Parking Inspections-Administration 237535 9 RADIOSHACK Supplies-Electrical Fitness/Conference-Cmty Ctr 237515 9 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 237970 9 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 237605 8 FISERV INC Bank and Service Charges Water Accounting 237107 8 BAUMERT,SARAH Deposits-P&R Refunds Community Center Admin 237181 8 SCHENCK,PATRICIA Deposits-P&R Refunds Community Center Admin 237989 7 ROSS,EARL AR Utility Water Enterprise Fund 237726 7 KIMBALL,PAUL Deposits-P&R Refunds Community Center Admin 238067 7 MSFDA Dues&Subscriptions Fire 237888 6 PETRESCU,ANDREW Deposits Escrow 237452 6 BRADSHER,SUE AR Utility Water Enterprise Fund 237193 5 SUBURBAN WASTE Solid Waste Licenses General Fund 237216 5 ANONDSON,SAWYER Deposits-P&R Refunds Community Center Admin 237236 4 COMCAST Cable TV Fire 237591 4 COMCAST Cable TV Fire Check# Amount Supplier/Explanation Account Description Business Unit Explanation 238026 4 COMCAST Cable TV Fire 237339 2 COMCAST Other Contracted Services Police 237909 2 COMCAST Other Contracted Services Police 12,770,666 Grand Total City of Eden Prairie Purchasing Card Payment Report February Purchases Amount Explanation Vendor Account Description Business Unit -2,627 US-Oct-dec 2014 cash reward US BANK Other Revenue General Fund 250 US-license fee SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes 8 US-scheduling software NIMBLE SCHEDULE Other Contracted Services Community Center Admin 15 US-scheduling software NIMBLE SCHEDULE Other Contracted Services Community Center Admin 8 US-scheduling software NIMBLE SCHEDULE Other Contracted Services Community Center Admin 8 US-scheduling software NIMBLE SCHEDULE Other Contracted Services Community Center Admin 8 US-scheduling software NIMBLE SCHEDULE Other Contracted Services Community Center Admin 8 US-scheduling software NIMBLE SCHEDULE Other Contracted Services Community Center Admin 375 US-scheduling software NIMBLE SCHEDULE Other Contracted Services Community Center Admin 15 US-scheduling software NIMBLE SCHEDULE Other Contracted Services Community Center Admin 83 US-tools MENARDS Operating Supplies Park Maintenance 39 US-shop supplies MENARDS Repair&Maint.Supplies Sewer System Maintenance 14 US-shop supplies FRATTALLONE'S/MINNETONKA ACE Repair&Maint.Supplies Sewer System Maintenance 150 US-vactor lights SUPERBRIGHTLEDS.COM Equipment Parts Sewer System Maintenance 1,527 US-nozzles ENVIRONMENTAL PRODUCTS Small Tools Sewer System Maintenance 9 US-shop supplies MENARDS Repair&Maint.Supplies Storm Drainage 9 US-supplies OFFICE DEPOT CREDIT PLAN Equipment Parts Fleet Operating 20 US-supplies PAYPAL INC Equipment Parts Fleet Operating 16 US-state of city presentation RADERMACHERS Special Event Fees Senior Center Programs 10 US-driver safety KOWALSKI'S MARKET Operating Supplies Senior Center Programs 28 US-valentines breakfast WALMART COMMUNITY Special Event Fees Senior Center Programs 190 US-history theatre tickets HISTORY THEATRE Special Event Fees Trips 23 US-history theatre tickets HISTORY THEATRE Special Event Fees Trips 163 US-coffee COFFEE WHOLESALE Operating Supplies Senior Center Programs 10 US-history class KOWALSKI'S MARKET Special Event Fees Senior Center Programs 70 US-radio fitness BEST BUY Office Supplies Senior Center Admin 16 US-amphitheater doors MENARDS Building Repair&Maint. Staring Lake 2 US-amphitheater doors MENARDS Building Repair&Maint. Staring Lake 18 US-hallway/kiosk transition MENARDS Operating Supplies Park Maintenance 48 US-shop supplies MENARDS Operating Supplies Park Maintenance 100 US-office supplies MENARDS Building Repair&Maint. Park Maintenance 62 US-program books OFFICE DEPOT CREDIT PLAN Office Supplies Utility Operations-General 17 US-grinding wheel for shop SEARS EDEN PRAIRIE Small Tools Park Maintenance 49 US-cleaning supplies MENARDS Operating Supplies Park Maintenance 84 US-paper towels MENARDS Equipment Repair&Maint Utility Operations-General -1,219 US-refund AERATION INDUSTRIES INTERNATIO Equipment Repair&Maint Park Maintenance 75 US-license fee DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Park Maintenance 159 US-electrical classes MINNESOTA NURSERY&LANDSCAPE Conference/Training Park Maintenance 140 US-electrical recert-cole PAYPAL INC Licenses,Permits,Taxes,Fees Park Maintenance 140 US-electrical recert-Pete H PAYPAL INC Licenses,Permits,Taxes,Fees Park Maintenance 250 US-aerial lift trng MINNESOTA SAFETY COUNCIL Tuition Reimbursement/School Water Treatment Plant Amount Explanation Vendor Account Description Business Unit 3 US-slaker hardware MENARDS Repair&Maint.Supplies Water Treatment Plant 63 US-steel MIDWEST STEEL SUPPLY Repair&Maint.Supplies Water Treatment Plant 8 US-supplies MENARDS Repair&Maint.Supplies Water Treatment Plant 156 US-bday cards CARDS DIRECT Operating Supplies Fire 53 US-photos for station LIVING SOCIAL Video&Photo Supplies Fire 30 US-photos for station GROUPON Video&Photo Supplies Fire 20 US-photos for station GROUPON Video&Photo Supplies Fire 112 US-Cox CC flowers-Porter FTD.COM Deposits Escrow 15 US-postage GIFTS AND PHOTOS Postage Fire 15 US-postage GIFTS AND PHOTOS Postage Fire 10 US-postage EASYCANVASPRINTS.COM Postage Fire 79 US-supplies MILLS FLEET FARM Operating Supplies Park Maintenance 221 US-supplies MOBILEDESK.COM Operating Supplies Park Maintenance 15 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 155 US-operating-café HOCKENBERGS Operating Supplies Concessions 74 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 59 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 104 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 40 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 24 US-café food SUPER AMERICA Merchandise for Resale Concessions 193 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 149 US-operating-café US FOOD CULINARY EQUIPMENT&S Operating Supplies Concessions 11 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 94 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 84 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 52 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 13 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 4 US-postage UNITED STATES POSTAL SERVICE Licenses,Permits,Taxes,Fees Water Treatment Plant 122 US-chlorine safety USA BLUEBOOK Safety Supplies Water Treatment Plant 25 US-s schram boiler license DEPT OF LABOR&INDUSTRY Tuition Reimbursement/School Water Treatment Plant 89 US-supplies ADOLPH KIEFER&ASSOCIATES Operating Supplies Pool Operations 30 US-food GINA MARIAS INC Training Supplies Community Center Admin 200 US-ellis training UNIVERSITY OF MINNESOTA Conference/Training Engineering 248 US-airfare to be reimbursed US AIRWAYS Deposits Escrow 227 US-airfare to be reimbursed US AIRWAYS Deposits Escrow 7 US-meeting-parking STANDARD PARKING Operating Supplies Fire 7 US-meeting-parking STANDARD PARKING Operating Supplies Fire 20 US-rice lake duluth BULLDOG PIZZA AND GRILL Operating Supplies Fire 38 US-rice lake duluth HOLIDAY STATION STORES INC Operating Supplies Fire 33 US-lodd GRIZZLY'S GRILL Operating Supplies Fire 42 US-rice lake duluth CENEX CONVENIENCE STORE Operating Supplies Fire 19 US-duluth-meal UNCLE LOUIS CAFE Operating Supplies Fire 238 US-lodd lodging THE INN ON LAKE SUPERIOR Operating Supplies Fire 250 US-annual subscription SURVEYMONKEY.COM Dues&Subscriptions Fire 32 US-lunch lodd KEYPORT LIQUOR OUTLET Operating Supplies Fire Amount Explanation Vendor Account Description Business Unit 9 US-parking MPLSPARKING.COM Operating Supplies Fire 10 US-batteries BATTERIES PLUS Operating Supplies Fire 7 US-parking STANDARD PARKING Operating Supplies Fire 7 US-parking STANDARD PARKING Operating Supplies Fire 35 US-mouse AMAZON.COM Miscellaneous IT Operating -74 US-refund for ipad aircase AMAZON.COM Miscellaneous IT Operating 173 US-monitor AMAZON.COM Miscellaneous IT Operating 62 US-toner AMAZON.COM Miscellaneous IT Operating 41 US-ink cartridges AMAZON.COM Miscellaneous IT Operating 25 US-tv mount AMAZON.COM Miscellaneous IT Operating 20 US-switch AMAZON.COM Miscellaneous IT Operating 377 US-tv for pd AMAZON.COM Computers IT Operating 16 US-software subscription MICROSOFT CORPORATE Software IT Operating 10 US-laptop charger AMAZON.COM Miscellaneous IT Operating 175 US-tv for john wilson AMAZON.COM Computers IT Operating 65 US-toner AMAZON.COM Miscellaneous IT Operating 16 US-mouse AMAZON.COM Miscellaneous IT Operating 35 US-video card AMAZON.COM Equipment Repair&Maint IT Operating -54 US-testing EDEN PRAIRIE COMMUNITY CENTER Deposits Escrow -54 US-testing EDEN PRAIRIE COMMUNITY CENTER Deposits Escrow 54 US-testing EDEN PRAIRIE COMMUNITY CENTER Deposits Escrow 54 US-testing EDEN PRAIRIE COMMUNITY CENTER Deposits Escrow 56 US-SharePoint IT demo MICROSOFT CORPORATE Software IT Operating -135 US-fraud-germscheid US BANK Deposits Escrow -169 US-fraud-germscheid US BANK Deposits Escrow 55 US-renewal APBOOKSTORE.COM Dues&Subscriptions Communications 44 US-skate cart repair parts SEVILLE CLASSICS INC Operating Supplies Ice Operations 4 US-keys FRATTALLONE'S/MINNETONKA ACE Operating Supplies Community Center Admin 85 US-labels KENCOSTORE.COM Miscellaneous IT Operating 68 US-food PANERA BREAD Operating Supplies Police 75 US-C millard membership dues HTCIA Tuition Reimbursement/School Police 73 US-staring ampitheator MENARDS Building Repair&Maint. Staring Lake -42 US-return MENARDS Building Repair&Maint. Staring Lake -14 US-return MENARDS Building Repair&Maint. Staring Lake 2 US-plug MENARDS Equipment Repair&Maint Park Maintenance 65 US-elec license code book AMAZON.COM Conference/Training Park Maintenance 108 US-rink maint gloves AMAZON.COM Operating Supplies Park Maintenance 66 US-switch sander DELTA POWER EQUIPMENT Repair&Maint.Supplies Park Maintenance 26 US-wood shop MENARDS Operating Supplies Park Maintenance 223 US-fence-riley STERLING FENCE INC Repair&Maint.Supplies Riley Creek Woods -48 US-return STERLING FENCE INC Repair&Maint.Supplies Riley Creek Woods 61 US-vaccuum wood shop MENARDS Operating Supplies Park Maintenance 119 US-shop charger MENARDS Operating Supplies Park Maintenance 115 US-new office area MENARDS Building Repair&Maint. Park Maintenance -40 US-return MENARDS Building Repair&Maint. Park Maintenance Amount Explanation Vendor Account Description Business Unit 18 US-new office area MENARDS Building Repair&Maint. Park Maintenance 18 US-swirt mtg CROSS ROADS DELI Miscellaneous Community Development Admin. 35 US-supplies DAY-TIMER Operating Supplies Community Development Admin. 7 US-meeting SMASHBURGER Miscellaneous Community Development Admin. 23 US-carbiner GOPHER SPORT Operating Supplies Fitness Center 46 US-ab straps AMAZON.COM Operating Supplies Fitness Center 34 US-supplies DOLLAR TREE STORES,INC. Operating Supplies Fitness Classes 162 US-swim supplies SWIMOUTLET.COM Training Supplies Pool Operations 135 US-yoga supplies SUNSHINE YOGA Operating Supplies Fitness Classes 280 US-noodle carton HDROFIT INC Training Supplies Pool Operations 57 US-yoga supplies SUNSHINE YOGA Operating Supplies Fitness Classes -18 US-return GOPHER SPORT Operating Supplies Fitness Center 65 US-back pack blower CONCRETE CUTTING&CORING INC Equipment Repair&Maint Park Maintenance 11 US-chainsaw parts CONCRETE CUTTING&CORING INC Equipment Repair&Maint Park Maintenance 190 US-A Rose membership SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources 32 US-new hire gift bag WALMART COMMUNITY Employee Award Organizational Services 10 US-K Shingles-verify degree NATIONAL STUDENT CLEARINGHOUSE Other Contracted Services Organizational Services 2,173 US-Jan2015 bldg surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 663 US-Jan2015 bldg surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 464 US-Jan2015 bldg surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -66 US-Jan2015 bldg surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund 60 US-MNGFOA'15 dues GOVERNMENT FINANCE OFFICERS AS Dues&Subscriptions Finance 60 US-2015 dues GOVERNMENT FINANCE OFFICERS AS Audit&Financial Finance 60 US-K Caliri gfoa dues GOVERNMENT FINANCE OFFICERS AS Audit&Financial Finance 149 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 281 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 177 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 81 US-UB online PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB recurring PAYPAL INC Bank and Service Charges Utility Operations-General 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 8 US-café food KWIK TRIP STORES Merchandise for Resale Concessions 263 US-broomball helmets HOCKEY GIANT Operating Supplies Ice Operations 180 US-conf flight-Germscheid UNITED AIR Travel Expense Communications 262 US-conf flight-Germscheid AMERICAN AIRLINES Travel Expense Communications 370 US-conkins/luebke trng UNIVERSITY OF MINNESOTA Conference/Training Engineering 27 US-office shelf IKEA Operating Supplies Fleet Operating 234 US-supplies ACTIVE 911 INC Operating Supplies Fire 107 US-printer HP HOME STORE Office Supplies Utility Operations-General 1 US-USB AMAZON.COM Office Supplies Utility Operations-General 5 US-usb adapter AMAZON.COM Office Supplies Utility Operations-General 28 US-USB AMAZON.COM Office Supplies Utility Operations-General 4 US-usb AMAZON.COM Office Supplies Utility Operations-General 73 US-paper tray for laser jet AMAZON.COM Office Supplies Utility Operations-General 69 US-sunshine-B Carlston BACHMANS CREDIT DEPT Deposits Escrow 83 US-sunshine-T lowery TROYS FLORIST Deposits Escrow Amount Explanation Vendor Account Description Business Unit 75 US-sunshine-a kalligher EXCELSIOR FLORIST Deposits Escrow 15 US-bottled water-council meeti TARGET Miscellaneous City Council 250 US-council workshop food QDOBA MEXICAN GRILL Miscellaneous City Council 156 US-commission interview meal CRUMB GOURMET DELI Miscellaneous City Council 299 US-council workshop food LEEANN CHIN Miscellaneous City Council 220 US-retirement gift T Tesch HALLMARK INSIGHTS Employee Award Organizational Services 38 US-sluc luncheon-getschow SENSIBLE LAND USE COALITION Miscellaneous Administration 73 US-supplies TARGET Operating Supplies Day Care 195 US-supplies BABIES R US Operating Supplies Day Care 86 US-station 3 SEARS EDEN PRAIRIE Office Supplies Fire 72 US-ipad/iphone chargers APPLE.COM Operating Supplies Fire 13 US-playing cards-4 stations WALGREEN'S#5080 Office Supplies Fire 192 US-e one factory pre build-par HILTON HOTELS Conference/Training Fire 192 US-e one factory pre build-hoe HILTON HOTELS Conference/Training Fire 66 US-shop supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 54 US-shop supplies MENARDS Repair&Maint.Supplies Water System Maintenance 81 US-shop supplies MENARDS Repair&Maint.Supplies Water System Maintenance 27 US-llmc conf TRAVEL INSURANCE Travel Expense City Clerk 421 US-11mc conf DELTA AIR Travel Expense City Clerk 30 US-arma mtg TWIN CITIES ARMA Conference/Training City Clerk 27 US-desk supply ERGODIRECT INC Office Supplies Police 385 US-wrap BEES WRAP Operating Supplies Recycle Rebate 105 US-supplies SAVE OUR MONARCH FOUNDATION Operating Supplies Storm Drainage 9 US-vending-café HOLIDAY STATION STORES INC Merchandise for Resale Concessions 9 US-vending-café HOLIDAY STATION STORES INC Merchandise for Resale Concessions 13 US-parts MENARDS Equipment Parts Snow&Ice Control 1 US-protreatment MENARDS Equipment Parts Snow&Ice Control 7 US-plexiglass window WILD PRAIRIE HARLEY DAVIDSON Equipment Repair&Maint Street Maintenance 20 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 19 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 38 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 13 US-café food TARGET Merchandise for Resale Concessions 18 US-café food COBORNS Merchandise for Resale Concessions 26 US-PL supplies SUNDBERG CO Repair&Maint.Supplies City Center Operations 287 US-parts RG DAVIS AND CO Repair&Maint.Supplies Ice Arena Maintenance 8 US-new vactor MENARDS Repair&Maint.Supplies Sewer System Maintenance 390 US-fused glass DELPHI Operating Supplies Arts Center 1 US-parking STANDARD PARKING Mileage&Parking Arts 29 US-pop for concessions BYERLYS Operating Supplies Winter Theatre 66 US-fused glass DELPHI Operating Supplies Arts Center 58 US-containter for supplies CONTAINER STORE Operating Supplies Arts 23 US-winter theatre scripts DRAMATISTS PLAY SERVICE INC Operating Supplies Winter Theatre 25 US-glue sticks-kids classes DISCOUNT SCHOOL SUPPLY Operating Supplies Arts Center 40 US-summer theater auditions PAYPAL INC Operating Supplies Summer Theatre 40 US-summer theater auditions PAYPAL INC Operating Supplies Summer Theatre Amount Explanation Vendor Account Description Business Unit 107 US-concessions EDEN PRAIRIE COMMUNITY CENTER Operating Supplies Winter Theatre 55 US-bday party supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 178 US-trng-pike/carlson PAYPAL INC Conference/Training Assessing 100 US-dues-sams MAAO Dues&Subscriptions Assessing 100 US-dues-pike MAAO Dues&Subscriptions Assessing 100 US-dues-carlson MAAO Dues&Subscriptions Assessing 100 US-dues-buswell MAAO Dues&Subscriptions Assessing 100 US-dues-sinell MAAO Dues&Subscriptions Assessing 100 US-dues-thompson MAAO Dues&Subscriptions Assessing -50 US-dues-thompson MAAO Dues&Subscriptions Assessing 380 US-training carlson MAAO Conference/Training Assessing 325 US-mn chiefs-reynolds PAYPAL INC Conference/Training Police 206 US-cnu trng DAVANNI'S PIZZA Training Supplies Police 15 US-cnu trng HOLIDAY STATION STORES INC Training Supplies Police 100 US-trng supplies AMAZON.COM Training Supplies Police 269 US-office supplies AMAZON.COM Office Supplies Police 249 US-office supplies AMAZON.COM Office Supplies Police 51 US-office supplies AMAZON.COM Office Supplies Police 195 US-office supplies AMAZON.COM Office Supplies Fire 34 US-office supplies AMAZON.COM Office Supplies Police 28 US-office supplies AMAZON.COM Office Supplies Police 93 US jail supplies/sheets BOB BARKER COMPANY Operating Supplies Police 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 27 US jail supplies/pillowcases AMAZON.COM Operating Supplies Police 40 US-birds trip P J'S Program Trips Outdoor Center 120 US-critter supplies MENARDS Operating Supplies Outdoor Center 20 US-critter supplies MENARDS Operating Supplies Outdoor Center 42 US-critter food PETCO Operating Supplies Outdoor Center 15 US-preschool supplies O'REILLY AUTOMOTIVE INC Operating Supplies Outdoor Center 107 US-preschool supplies LAKESHORE LEARNING STORE Operating Supplies Outdoor Center 24 US-critter food PETCO Operating Supplies Outdoor Center 64 US-supplies AMAZON.COM Operating Supplies Outdoor Center 790 US-lake study supplies ACORN NATURALISTS Operating Supplies Outdoor Center 95 US-lake study supplies AMAZON.COM Operating Supplies Outdoor Center 71 US-lake study supplies AMAZON.COM Operating Supplies Outdoor Center 48 US-lake study supplies AMAZON.COM Operating Supplies Outdoor Center 53 US-critter food PETCO Operating Supplies Outdoor Center 60 US-lake study supplies ACORN NATURALISTS Operating Supplies Outdoor Center 148 US-program trip BYERLYS Program Trips Outdoor Center 16 US-paint for mowers PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 55 US jigsaw repair DEWALT FACTORY Equipment Repair&Maint Park Maintenance 11 US-supplies MENARDS Operating Supplies Park Maintenance 70 US-lights PAYPAL INC Repair&Maint.Supplies Water Treatment Plant 33 US-lights PAYPAL INC Repair&Maint.Supplies Water Treatment Plant 4,547 US-led lights PAYPAL INC Repair&Maint.Supplies Water Treatment Plant Amount Explanation Vendor Account Description Business Unit 4,473 US-led lights HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water Treatment Plant 232 US-station 1-trng rm MY CABLE MART Equipment Repair&Maint Public Safety Communications 32 US-youth assoc mtg-snacks CUB FOODS EDEN PRAIRIE Operating Supplies Athletic Programs Admin 135 US-water school AWWA Conference/Training Utility Operations-General 4 US-parking STANDARD PARKING Mileage&Parking Utility Operations-General 100 US-office supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Den Road Liquor Store 172 US-shelving HOME DEPOT CREDIT SERVICES Operating Supplies Den Road Liquor Store 95 US-office supplies HOME DEPOT CREDIT SERVICES Operating Supplies Den Road Liquor Store 200 US-annual subscription PAYPAL INC Conference/Training Youth Programs Admin 75 US-conf MINNESOTA LANDSCAPE ARBORETUM Conference/Training Youth Programs Admin 46 US-supplies AMAZON.COM Operating Supplies Teen Programs 55 US-software training GINA MARIAS INC Operating Supplies Recreation Admin 31 US-training refreshments KOWALSKI'S MARKET Operating Supplies Recreation Admin 44 US-club 204-valentines TARGET Operating Supplies New Adaptive 95 US-setup gateway fees PLUG N PAY Bank and Service Charges Community Center Admin 50 US-gift card-winter fun miller WALGREEN'S#5080 Operating Supplies Special Initiatives 76 US-adaptive outing snack BYERLYS Operating Supplies New Adaptive -4 US-return BYERLYS Operating Supplies New Adaptive 150 US-setup gateway fees PLUG N PAY Bank and Service Charges Community Center Admin 40 US-adaptive program performanc TARGET Operating Supplies New Adaptive 15 US-sterile gloves WALMART COMMUNITY Operating Supplies Therapeutic Rec Admin 15 US-monthly gateway fee PLUG N PAY Bank and Service Charges Community Center Admin 7 US-refreshments-young athletes TARGET Operating Supplies New Adaptive 16 US-wii cable club 204 GAMESTOP Operating Supplies New Adaptive 25 US-travel DELTA AIR Conference/Training Fire 45 US-training FULLY INVOLVED Conference/Training Fire 497 US-training supplies BEST BUY Training Supplies Fire 260 US-IAAI conf-albers PAYPAL INC Conference/Training Fire 260 US-Iaai conf svoboda PAYPAL INC Conference/Training Fire 260 US-iaai conf schaitberger PAYPAL INC Conference/Training Fire 454 US-trng supplies HOME DEPOT CREDIT SERVICES Training Supplies Police 1,030 US-training BRAD SMITH Training Supplies Police 395 US-Becker trng ST CLOUD STATE UNIVERSITY Training Supplies Police 5,500 US-Gustad trng GUIDANCE SOFTWARE Training Supplies Police 54 US-trng supplies HOME DEPOT CREDIT SERVICES Training Supplies Police 1,850 US-New World PAYPAL INC Training Supplies Police 181 US-laptop tray NATIONAL PRODUCTS INC Repair&Maint.Supplies Utility Operations-General 539 US-safety gear SAFETY GEAR Safety Supplies Utility Operations-General 657 US-safety supplies GRAINGER Safety Supplies Utility Operations-General 53 US-supplies MENARDS Repair&Maint.Supplies Sewer System Maintenance 543 US-supplies GRAINGER Clothing&Uniforms Utility Operations-General 44,912 Report Total