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City Council - 08/18/2015
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,AUGUST 18, 2015 CITY CENTER 5:00—6:25 PM,HERITAGE ROOMS 6:30—6:55 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 (5:30—6:15) II. 2016/2017 BUDGET (6:15—6:30) Open Podium - Council Chamber III. OPEN PODIUM A. Kevin Adams—Light Rail B. Donna Azarian—Light Rail IV. ADJOURNMENT City of Eden Prairie 2016/2017 Proposed General Fund Budget 08/18/2015 Council Workshop Table of Contents Table of Contents 2 Introduction 3 Goals 4 City Survey 6 Preliminary Tax Base and Tax Impacts 7 Budget and Tax Levy 8 Debt Levy 8 Capital Levy io General Fund Revenue Budget io General Fund Expenditure Budget 12 Detailed Information 14 Property and Liability Insurance 16 Facilities User Charges 16 IT User Charges 16 Fleet Services User Charges 16 HRA 17 Conclusion 17 General Fund Statement 18 2 Introduction This document summarizes the City Manager recommended 2016/2017 operating budget as of 8/18/2015. There has been one change to the budget since the 7/14/2015 Council Workshop. We received updated information on property and liability insurance costs from the League of Minnesota Cities. We were able to reduce the General Fund Budget by $61,000 and $62,400 in 2016 and 2017 respectively. The budget process started in March with the review of the Community Survey and will end in December with final approval and adoption of the budget. The process to date and future planned activities include the following: • March 31 - City Council Workshop on the Community Survey • April 8 - City Council Planning Session • March/April - Prepare internal service fund budget and calculate charges, planning meetings held with internal service fund preparers • Week of April 20 - Budget preparation meetings held • Week of April 27 - Departmental budget planning meetings held • May 19 - City Council Workshop, presentation 2014 financial results • May 22 - Staff budget preparation work due • Week of June 8 and 15 - Departmental budget follow up meetings held • City Manager, Directors, and Finance prepare for City Council Workshop • July 14 and August 18- City Council Workshops • August to October- Budget Engagement • September 1 - Council adopts a preliminary tax levy and budget • October 6 - City Council Workshop on Enterprise Funds • December 1 - Public Meeting and Council adopts final tax levy and budget 3 Goals The City Council 2016/2017 budget goals include the following: • Enhance service levels in specified areas o Parks and Recreation ■ Increased operations for the aquatics and fitness expansion starting in 2015 o Public Safety ■ Hiring (2) additional police officers in 2016-2017 o Transportation • Preserve all other city service levels o Service levels have been maintained • Sustain current levels of employee morale and engagement o The organization continues to implement efficiencies and innovations that motivate employees to continually improve the organization o The budget includes salary changes that are consistent with public and private sector trends • Continual review for service efficiencies and innovations o The budget includes the following efficiencies and innovations: ■ Continue implementation of energy efficiencies • Celebrate successful completion of the 20-40-15 energy program • Implement Step 4 - Green Step Cities • Plan for and implement next steps of the City's green initiatives ■ Implement Business Licensing application ■ Implement technology for internal plan review process ■ Implement new intranet site ■ Implement design guidelines 4 • Preserve Eden Prairie's exceptional image internally and externally • Continue to improve Eden Prairie's relative position in fiscal comparisons with comparable cities o Eden Prairie is in the lower quartile of taxes paid for the single value home when compared to the other MLC cities • Enhance Sense of Community/Community identity o Involve citizens in decisions including gathering input at neighborhood events and via electronic feedback. Engagement opportunities will include 2016/2017 budget, comprehensive plan update, etc. o Seek input&feedback from diverse groups through town hall meetings and other opportunities o Redesign and enhance the website o Promote historic properties o Complete monument sign project o As trends and data warrant, change/improve park and recreation programs 5 City Survey The City uses the biannual citizen survey as one input tool for the budget. Surveys were randomly mailed to 1,200 households with 307 of the surveys completed. The survey results are used to monitor trends in resident opinion, measure government performance, inform budget, land use, strategic planning decisions, and benchmark service ratings. Overall, survey results were positive with the following results: • Residents enjoy a high quality of life • Residents value the natural environment and outdoor amenities • Residents feel safe • City services were highly rated • Residents are engaged and they would like to see increased opportunities for engagement. • A sense of community could be enhanced 95% of residents rated overall quality of life as good or excellent. This compares to 89% from the last survey. Also, 87% of residents rate the quality of City services as good or excellent. 62% of residents rated the value of services for taxes paid as good or excellent. The City Council recognizes the importance of balancing the value of City services with the cost. The survey provided valuable input and the City Council budget goals include initiatives to increase opportunities for engagement and to increase sense of community. 6 Preliminary Tax Base and Tax Impacts The ability to levy and collect taxes is based on property market values, tax capacities, and the City tax rates. The table below shows the history of these items since 2013. 2013 2014 2015 2016 Market Value $8.5 Billion $8.6 Billion $9.1 Billion $9.6 Billion Adjusted Net Tax Capacity $86,172,400 $88,092,563 $92,696,474 $99,954,044 City Tax Rate 34.40% 34.49% 33.74% 32.24% For 2016, the median value home in Eden Prairie is valued at $360,300 reflecting an average value increase of 4.8%. In 2015, the median value was $343,800. Commercial properties have an average value increase of 2.5%, and apartments a value increase of 6.6%. Below summarizes the City's tax impact for residential, apartment, and commercial properties based on current information from the County. Percent Property Type 2014/2015 2015/2016 Difference Change Residential($360,300) $ 1,173 $ 1,179 $ 6 0.5% Apartment($5M) $ 20,252 $ 20,605 $ 353 1.7% Commercial($2M) $ 8,057 $ 7,886 $ (171) (2.1%) Staff has calculated that a $333,000 change in the tax levy will impact the median value home by 1% or$11.00. 7 Budget and Tax Levy Below summarizes the proposed total tax levy and budget. Tax Levy 2015 2016 Difference Percent 2017 Difference Percent Fund Adopted Proposed from 2015 Change Proposed from 2016 Change General Fund $ 31,051,842 $ 31,998,874 $ 947,032 3.0% $ 32,958,841 $959,967 3.0% Capital Improvement Fund 95,369 100,000 4,631 4.9% 100,000 - 0.0% Debt Levy 2,645,100 2,562,000 (83,100) (3.1%) 2,553,000 (9,000) (0.4%) Sub-total 33,792,311 34,660,874 868,563 2.6% 35,611,841 950,967 2.7% Less Fiscal Disparity Distribution (1,611,314) (1,562,101) 49,213 (3.1%) (1,562,101) - 0.0% Total Levy $ 32,180,997 $ 33,098,773 $ 917,776 2.9% $34,049,740 $950,967 2.9% Budget 2015 2016 Difference Percent 2017 Difference Percent Fund Adopted Proposed from 2015 Change Proposed from 2016 Change General Fund $ 41,597,465 $ 43,215,812 $ 1,618,347 3.9% $ 44,377,983 $ 1,162,171 2.7% Debt Budget 2,645,100 2,562,000 (83,100) (3.1%) 2,553,000 (9,000) (0.4%) Capital Improvement Plan Levy 95,369 100,000 4,631 4.9% 100,000 - 0.0% Total City Budget $ 44,337,934 $ 45,877,812 $ 1,539,878 3.5% $ 47,030,983 $ 1,153,171 2.5% Debt Levy For 2016 and 2017 debt payments supported by the tax levy are projected to remain approximately 5% to 6% of the general fund budget. A percentage of 5% to 15% of the general fund budget is considered a moderate debt burden on taxpayers by Moody's investor's services. Moody's Investors Service has assigned a rating of Aaa to the City of Eden Prairie's (MN) bond for every debt issue since 2003, the highest rating from Moody's. Standard & Poor's has also assigned a rating of AAA to the City of Eden Prairie's bonds outstanding, their higher rating as well. This ensures the City receives the most completive interest rates. The City's bond ratings reflect Eden Prairie's extensive and diversified tax base, low amount of rapidly amortized debt, and capably managed operations. Of the 854 cities in Minnesota, there are only 14 rated Aaa by Moody's Investors Service and 19 rated AAA by Standard& Poor's. 8 2016 The City's debt tax levy is decreasing $83,100 in 2016 and $9,000 in 2017. The 2005 Special Assessment Bonds for the Mitchell Road and Technology Drive improvements were paid off in 2015. Other debt levies changed due to changes in the debt payment schedule. Also, interest rates change each year on the principal amount owed which can change the debt payment by a small amount. 2017 For 2017, the 2011 equipment certificates were paid off in 2016 which reduced the 2017 debt levy by$72,000. Also as in 2016, other debt levies changed due to changes in the debt payment schedule. Below summarizes the detail of the 2016/2017 debt levy. 2015 2016 Percent 2017 Percent Adopted Proposed Difference Change Proposed Difference Change Debt Levy on Tax Capacity 2005 Special Assessment Bonds $ 109,000 $ - $(109,000) (100.0%) $ - 0 2008 Equipment Certificates 395,000 335,000 (60,000) (15.2%) 310,000 (25,000) (7.5%) 2009 Equipment Certificates 75,000 45,000 (30,000) (40.0%) 40,000 (5,000) (11.1%) 2011 Equipment Certificates 96,100 72,000 (24,100) (25.1%) - (72,000) (100.0%) 2012B SouthWest Fire Station 320,000 310,000 (10,000) (3.1%) 310,000 - 0.0% Sub-total 995,100 762,000 (233,100) (23.4%) 660,000 (102,000) (13.4%) Debt Levy on Market Value 2011C Parks Referendum 750,000 725,000 (25,000) (3.3%) 725,000 - 0.0% 2012A Parks Referendum 150,000 150,000 - 0.0% 150,000 - 0.0% Sub-total 900,000 875,000 (25,000) (2.8%) 875,000 - 0.0% Total Debt Levy $1,895,100 $1,637,000 $(258,100) (13.6%) $1,535,000 $(102,000) (6.2%) 2014 Tax Abatement 750,000 925,000 175,000 23.3% 1,018,000 93,000 10.1% Total $2,645,100 $2,562,000 $ (83,100) (3.14 $2,553,000 $ (9,000) (0.4°,' 9 Capital Levy The City prepares a ten year capital improvement plan and updates the plan every other year. The Capital Improvement and Maintenance fund (CIMF) pays for capital projects that do not have another funding source, for example, playground replacement, repair and expansion of trails, parks - parking lot maintenance, public safety radio replacement, etc. The CIMF is funded through liquor operations profit, rental income, antenna revenue, a tax levy, miscellaneous revenue, and one-time funds the City receives. For example, when the general fund has positive operating results, amounts not needed to meet the fund balance policy have been transferred to the CIMF. The capital levy was increased 4.9% from $95,369 to $100,000 for 2016 and 2017. The cash flow projections from when the plan was last updated in 2014 for the 2015 to 2024 plan are shown below. $12,000,000 = _ $10,000,000 - - $8,000,000 - - - $6,000,000 $4,000,000 $2,000,000 4 —me $0 i I I I I I I 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 --Revenue --Expense — Balance General Fund Revenue Budget General Fund revenues are budgeted to increase from $40,862,081 in 2015 to $42,668,599 in 2016. This is an increase of$1,806,518 or 4.4%. Without the community center aquatic and fitness expansion the increase is 2.7%. For 2017 revenues are budgeted to increase 2.9%. The tax levy in the proposed budget is increasing 3% for both years. io Licenses and permits revenue is increasing $9,606 or .3% for 2016 and is flat for 2017. Significant items to note include the following: • Building permit and fees revenue is budgeted to increase $120,000 or 6% in 2016. This budget was held flat for 2017 as we budget a higher increase every other year. • Point of sale inspection fees of appoximately $130,000 were eliminated. This was a program budgeted in 2015 that was not implemented. Expenditures for 2016 and 2017 have also been eliminated for this program. Intergovermental revenue increased $182,000 in 2016 primarily due to additional police and fire aid and 2017 is budgeted to remain flat. The pension aid is based on fire and auto insurance premiums in the state and as you can see from the graph below the revenue is not consistent. Therefore,we budget for the last amount received. Police and Fire Aid $600,000 — $500,000 $400,000 $300,000 • $200,000 2006 2007 2008 2009 2010 2011 2012 2013 2014 t Police Pension Aid t Fire Relief Assoc.Aid Additional intergovernemental revenue was added for various grants the City receives on a regular basis. The City has not budgeted for these grants in the past but based on the consistent history, staff felt comfortable budgeting a conservative amount for the amount expected. These grants including $50,000 for a Towards Zero Death grant for seat belt and DUI enforcement, $10,000 for fire training and education grant from the MN Board of Firefighters, and $5,000 for a federal bullet proof vest grant. For 2016, charges for services are increasing $869,966 or 18%. The largest part of the increase is for the community center which is increasing $815,379 or 22% over the previous year. Due to the acquatc and fitness expansion, membership rates are increasing 5% to adjust for the increased services citizens will receive and an increase in the number of memberships is also expected. All other charges for servcies are increasing $35,587 or 3.5%. For 2017, charges for services are increasing$277,584 or 5%. Fines and penalities have decreased the past two years and vary each year. The budget decreased $77,000 to reflect the expected activity in 2016 and 2017. General Fund Expenditure Budget Expenditures are currently proposed to increase 3.9% in 2016 and 2.7% in 2017. Without the Community Center pool and fitness expansion, expenditures would increase 3.0% in 2016. Since the City provides significant services to the community, wages and benefits make up 62% percent of the general fund budget. The most significant categories include wages, pension and taxes, health insurance, part-time wages, and workers compensation insurance. Other significant costs include amounts to maintain facilities, fleet services, information technology, street lighting, and property insurance. These items make up another 24% of the budget. All other items make up 14% of the budget and consist of a variety of unique items on 84 different line items in each division's budget. 12 The chart below illustrates the make-up of the budget. $6,023,601 •Wages and Benefits •Street Lighting •Legal Services $4,482,486 •User Charge-Property Insurance $1,965,514 •User Charge-Fleet $26,462,580 •User Charge-IT $2,396,713 •User Charge-Facilities $412,308 •Everything Else $510,110 $962,500 13 Detailed Information Below provides information on the significant items in the budget. Wages Wages are increasing 2.4% and 3.6% in 2016 and 2017 respectively. This includes a 2.5 percent base increase each year, step increases, performance pay, and staff turnover. There is a reduction of 1.5 employees for the point of sale program that was not implemented. There is an additional employee added for the community center, a fitness and administration supervisor. Also an additional police officer was added in 2016 and 2017. The City prepares the budget for wages by looking at trends within the private sector labor market and our local government peer group. Based on the compensation trends we are seeing, we are proposing a 2.5% wage increase in 2016 and 2017. This proposal is in line with our peer cities and the private sector. In 2016 our local government peer group is estimating that the average increase will be 2.5%. Additionally, according to a recent study done by the Society of Human Resources Management (SHRM), private sector labor market is showing an average of 2.7% increases in 2016 after a 2.9% average increase in 2015. The City is also proposing a 2.5% increase in wages for 2017. In 2017, several cities are estimating increases averaging between 2.44% and 2.8%. The City needs to stay in line with our peers and the private sector if we want to retain our highly skilled workforce. Additionally, maintaining a competitive wage is important so that Eden Prairie maintains the lowest level unionization when compared to our benchmark communities. We will have an open labor contract for 2017 and will need to remain competitive with other contracts and communities. The results of a comprehensive 2012 wage study showed that the City was in line with the private and public sectors in the market. We must continue to provide similar increases as the private sector and our public sector peer cities to remain competitive. Wages-Part time Wages part-time is increasing $368,000 or 18% in 2016 and decreasing $61,600 or 2.6% in 2017. The reason for the large increase in 2016 includes $177,000 for the community center aquatics and fitness expansion and $99,000 for elections. Volunteer Wages 14 Volunteer wages are increasing $44,460 or 8% in 2016 and $35,200 or 5.75% in 2017. In July of 2016 staff anticipates increasing duty crew wages from $11.00 to $12.00 and then in July 2017 increasing wages to $13.00. Also, $7,600 was added to increase the stipend for the command staff. PERA The City pays public employees retirement (PERA) benefits for all eligible employees. Generally all full time employees and part-time employees, who earn more than $5,100 a year, are PERA eligible. The City currently contributes 7.50% of salary for PERA except for the police and fire employees where the percent is 16.2%. The City also pays 7.65% of salary for FICA except for police and fire where the percentage is 1.45%. The City has budgeted $2,995,947 and $3,097,923 for PERA/FICA in 2016 and 2017. Health Insurance The health insurance budget is increasing 5% for premiums and an additional 3% for healthcare reform taxes. When the City last completed an RFP for health insurance, HealthPartners provided for a 5% cap. A ten percent increase was budgeted for 2017. The actual budgeted increase is 3.8% for 2016. The increases are less than the premium and tax increases due to keeping the HRA/HSA contribution flat and employee insurance decisions. Workers Compensation The workers compensation user charge is changing from $650,979 in 2015 to $612,652 in 2016 which is a 5.9% decrease. The 2015/2016 premium showed a 6.5% reduction. The City's experience modification improved. Also, workers compensation rates for each employee category change (increase and decrease) every year. For 2017 the charge is budgeted to increase to $681,895 which is an 11% increase. 15 Property and Liability Insurance The property insurance user charge is increasing from $402,209 in 2015 to $412,308 in 2016 and to $439,310 in 2017. This is a 2.5% and 6.5% increase respectively. The 2017 increase is higher based on historical average increases and can be reviewed again in 2016. Facilities User Charges Facility user charges are increasing .7% in 2016 and 3% in 2017 excluding the pool and fitness expansion. With the expansion, charges are increasing 6.3% and 3% respectively. For the pool and fitness expansion, costs are increasing in all categories to pay for the additional square footage and pools. IT User Charges For the General Fund, IT user charges are decreasing 1.7% and increasing 1.2% in 2016 and 2017 respectively. The amount budgeted went from $1,999,716 in 2015, $1,965,514 in 2016, and $1,988,504 in 2017. Some budget items to note include that the computer replacement cycle was changed. Computers will now be replaced every 3 years rather than every 4 years. This increased the budget by $29,779. $10,000 was added for GIS Staff Augmentation and $45,000 was added for Contract Development related to CIS iPad. These budgets are expected to decrease in future years as IT staff become more familiar with these areas. Off-setting these increases include a reduction due to staff turnover. Fleet Services User Charges Fleet services user charges for the general fund are decreasing .8% in 2016 and increasing 2.2% in 2017. The Fleet Services budget is able to hold fairly constant through this budget cycle primarily due to the anticipated stability of fuel prices and the City's continued efforts to conserve fuel and improve vehicle and equipment fuel economy. Long term outlooks for gasoline and diesel fuel indicate an annual cost increase of approximately 2% for gasoline and 2.5% for diesel fuel. These cost increases should be equally offset as we acquire new and more fuel efficient vehicles and equipment. 16 HRA The HRA levies and pays for wages and benefits related to the support of housing in the City. It includes staff time from Housing and Community Services, Community Development, Planning, Economic Development, and Fire. Wages and benefits total $186,589 for 2016 and $193,573. Conclusion This document is intended to provide information on the proposed 2016/2017 City of Eden Prairie budget. If you have any questions about the budget contact a member of the finance team or the individual operating areas. 17 General Fund Statement 2014 2015 2016 Incr I(Decr)from 2015 Budget 2017 Incr/(Decr)from 2016 Budget Actual Budget Proposed Dollar Percent Proposed Dollar Percent REVENUES Taxes $ 29,912,869 $ 30,570,531 $ 31,442,897 $ 872,366 2.9% $ 32,383,664 $ 940,767 3.0% License and Permits Building Permits and Fees 3,496,417 2,000,000 2,120,000 120,000 6.0% 2,120,000 - 0.0% Other 1,397,297 1,495,863 1,385,469 (110,394) (7.4%) 1,385,559 90 0.0% Total Licenses and Permits 4,893,714 3,495,863 3,505,469 9,606 0.3% 3,505,559 90 0.0% Intergovernmental Revenue Police Pension Aid 500,116 415,000 500,000 85,000 20.5% 500,000 - 0.0% Fire Relief Association Aid 414,343 381,000 414,000 33,000 8.7% 414,000 - 0.0% School Liaison 115,798 116,955 115,798 (1,157) (1.0%) 115,798 - 0.0% Other 311,032 141,250 206,250 65,000 46.0% 206,250 - 0.0% Total Intergovernmental Revenue 1,341,290 1,054,205 1,236,048 181,843 17.2% 1,236,048 - 0.0% Charges for Services Public Safety 97,369 83,500 102,500 19,000 22.8% 102,500 - 0.0% Recreation 4,744,488 4,726,719 5,577,685 850,966 18.0% 5,855,269 277,584 5.0% Total Charges for Services 4,841,856 4,810,219 5,680,185 869,966 18.1% 5,957,769 277,584 4.9% Fines and Penalties 391,010 577,000 500,000 (77,000) (13.3%) 500,000 - 0.0% Investment Income 52,185 100,000 50,000 (50,000) (50.0%) 50,000 - 0.0% Other Revenue 500,883 254,263 254,000 (263) (0.1%) 254,000 - 0.0% Total Revenues 41,933,807 40,862,081 42,668,599 1,806,518 4.4% 43,887,040 1,218,441 2.9% EXPENDITURES General Government 6,150,498 6,238,493 6,461,530 223,037 3.6% 6,525,927 64,397 1.0% Public Safety 18,530,493 18,793,731 19,254,000 460,269 2.4% 19,975,205 721,205 3.7% Public Works 5,677,946 5,981,421 6,198,987 217,566 3.6% 6,335,493 136,506 2.2% Parks and Recreation 10,291,423 10,377,275 11,104,750 727,475 7.0% 11,340,160 235,410 2.1% Debt Service 46,544 46,545 46,545 - 0.0% 51,198 4,653 10.0% Total Expenditures 40,696,905 41,437,465 43,065,812 1,628,347 3.9% 44,227,983 1,162,171 2.7% Excess(Deficiency of Revenues over Expenditures) 1,236,902 (575,384) (397,213) 178,171 (31.0%) (340,943) 56,270 (14.2%) OTHER FINANCING SOURCES/(USES) Transfers in 271,295 406,610 270,000 (136,610) (33.6%) 270,000 - 0.0% Transfers out (724,435) (160,000) (150,000) 10,000 (6.3%) (150,000) - 0.0% Proceeds from Disposition of Capital Assets 14,024 - - - Total Other Financing Sources (439,116) 246,610 120,000 (126,610) (51.3%) 120,000 - 0.0% Net Change in Fund Balance $ 797,786 $ (328,774) $ (277,213) $ 51,561 (15.7%) $ (220,943) $ 56,270 (20.3%) AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,AUGUST 18, 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. HERITAGE PRESERVATION AWARD PRESENTATION B. DONATIONS 1. Accept Donation from Hockey Association (Resolution) 2. Accept Donation from Sampson Family (Resolution) 3. Accept Donation from True Friends (Resolution) 4. Accept Miracle Field Donation and Approve Naming Rights Agreement with Lariat Companies Inc. (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JULY 14, 2015 B. CITY COUNCIL MEETING HELD TUESDAY,JULY 14, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL AGENDA August 18, 2015 Page 2 B. APPROVE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR LIBERTY PLAZA C. ADOPT RESOLUTION GRANTING RENEWAL OF COMMUNICATIONS FACILITIES LICENSE AGREEMENT WITH VERIZON FOR BAKER ROAD WATER TANK D. ADOPT RESOLUTION APPROVING AMENDMENT NO. 1 TO RESIDENTIAL RECYCLING GRANT AGREEMENT A120104 WITH HENNEPIN COUNTY E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH DSO ARCHITECTURE FOR THE MAINTENANCE OUTDOOR COLD STORAGE (MOSS) BUILDING PROJECT F. ADOPT RESOLUTION AWARDING CONTRACT FOR PIONEER TRAIL TURN LANE IMPROVEMENTS AT GREEN ACRES TO NEW LOOK CONTRACTING,INC. G. APPROVE GRANT AGREEMENT WITH HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO ASSIST WITH COSTS RELATED TO WEST 70TH STREET EXTENSION H. ADOPT RESOLUTION AWARDING CONSTRUCTION CONTRACT FOR WEST 70TH STREET EXTENSION IMPROVEMENT PROJECT TO MEYER CONTRACTING, INC. I. AWARD CONTRACT FOR CONSTRUCTION OF FIRE STATION 4 DUTY CREW SLEEPING QUARTERS TO GARDNER BUILDERS J. AWARD CONTRACT FOR CONSTRUCTION OF RINK 2 DRY FLOOR TRAINING FACILITY TO BECKER ARENA PRODUCTS, INC. K. REJECT BIDS FOR MILLER 8 BALLFIELD IMPROVEMENT PROJECT L. APPROVE MAINTENANCE AGREEMENT WITH RILEY-PURGATORY- BLUFF CREEK WATERSHED DISTRICT FOR MIRACLE LEAGUE FIELD STORMWATER FACILITY M. AWARD CONTRACT TO ST. CROIX RECREATION FOR PURCHASE OF PLAYGROUND EQUIPMENT FOR CAMP EDEN WOOD N. APPROVE PURCHASE AND INSTALLATION OF WATSON DISPATCH FURNITURE SYSTEM FROM DICK BUSS &ASSOCIATES LLC CITY COUNCIL AGENDA August 18, 2015 Page 3 IX. PUBLIC HEARINGS/MEETINGS A. COMFORT INN EDEN PRAIRIE by Michael Monn Architects. Request for Site Plan Review on 3.20 acres. Location: 7740 Flying Cloud Drive. (Resolution for Site Plan Review) B. WAND CORPORATION by Wand Corporation. Request for Planned Unit Development District Review with waivers on 2.88 acres; Zoning District Amendment within the I-2 Industrial Park Zoning District on 2.88 acres. Location: 7575 Corporate Way. (Ordinance for PUD District Review with waivers and Zoning District Amendment) C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO TRANSIT ORIENTED DEVELOPMENT (TOD) D. VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS OVER LOT 1, BLOCK 1, FIVE MITCHELL CROSSING(RESOLUTION) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Crossroads Center Request to Revise Project Elevations D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: August 18, 2015 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, July 14, 2015 TUESDAY,AUGUST 18, 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. IV. PROCLAMATIONS/PRESENTATIONS A. HERITAGE PRESERVATION AWARD PRESENTATION Synopsis: The Heritage Preservation Award recognizes an individual, family or business that has gone above and beyond their usual responsibilities to promote, preserve, rehabilitate or restore Eden Prairie's heritage resources. The recipient of the 2015 Heritage Preservation Award is the late Marie Wittenberg. Marie's daughter, Jill Hules, will be on hand to accept the award. Background Marie Wittenberg lived in Eden Prairie her whole life. She was proud to be a part of one of the first families (1852 Mitchell clan)to come to Eden Prairie.There was nothing usual about Marie's dedication and passion for preserving Eden Prairie's history. Marie was very involved with the Eden Prairie Historical Society and held the office of president for 15 years. Marie was a regular contributor/columnist about historical events in the Eden Prairie News for many years. She created the Eden Prairie Historical Museum and volunteered hundreds of hours collecting and inventorying historical artifacts and worked tirelessly to insure they were available for the public's enjoyment and appreciation. Marie also wrote several books which were focused on Eden Prairie pioneer days and settlers including: Cemetery Logs; Eden Prairie Pioneers;Eden Prairie:A Brief History and Images of Eden Prairie- currently sold at Barnes and Noble. ANNOTATED AGENDA August 18,2015 Page 2 B. DONATIONS 1. Accept Donation from Hockey Association (Resolution) Synopsis: This donation to the Community Center from the Eden Prairie Hockey Association will go towards the purchase and construction of a dryland training area, including a 18'x 50'enclosed stickhandling area and a netted shooting area containing four shooting stations. The added dryland amenities will allow for sport specific skill development for youth participants year-round. MOTION: Move to adopt the Resolution accepting the donation in the amount of $43,015 from the Eden Prairie Hockey Association to go towards a dryland training area in Ryan Shuman Memorial Rink 2, at the Eden Prairie Community Center. 2. Accept Donation from Sampson Family(Resolution) Synopsis: This donation to the Art Center from the Sampson Family will go to the purchase of large studio equipment such as glass and ceramic kilns for growing programs. MOTION: Move to Adopt the Resolution accepting the donation in the amount of $10,000 from the Sampson Family to go towards Art Center equipment. 3. Accept Donation from True Friends (Resolution) Synopsis: City staff along with staff from Friendship Ventures jointly applied for grant funds from the Hennepin Youths Sports Grant Program. A $40,000 grant was awarded with a $40,000 match coming through Friendship Ventures from C.H. Robinson. This funding will be used to construct an accessible play structure at Camp Eden Wood. MOTION: Move to adopt the Resolution accepting a donation of $40,000 from True Friends towards the construction of a play structure at Camp Eden Wood. 4. Accept Miracle Field Donation and Approve Naming Rights Agreement with Lariat Companies Inc. (Resolution) Synopsis: The Miracle League Fundraising Group has sought donations and naming rights to fund the project. Lariat Companies Inc. has agreed to a $50,000 contribution in exchange for naming rights to the field. ANNOTATED AGENDA August 18,2015 Page 3 MOTION: Move to adopt the Resolution accepting a $50,000 donation and approve naming rights agreement with Lariat Companies Inc. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY,JULY 14, 2015 B. CITY COUNCIL MEETING HELD TUESDAY,JULY 14, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-N on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR LIBERTY PLAZA C. ADOPT RESOLUTION GRANTING RENEWAL OF COMMUNICATIONS FACILITIES LICENSE AGREEMENT WITH VERIZON FOR BAKER ROAD WATER TANK D. ADOPT RESOLUTION APPROVING AMENDMENT NO. 1 TO RESIDENTIAL RECYCLING GRANT AGREEMENT A120104 WITH HENNEPIN COUNTY E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH DSO ARCHITECTURE FOR THE MAINTENANCE OUTDOOR COLD STORAGE (MOSS)BUILDING PROJECT F. ADOPT RESOLUTION AWARDING CONTRACT FOR PIONEER TRAIL TURN LANE IMPROVEMENTS AT GREEN ACRES TO NEW LOOK CONTRACTING, INC. G. APPROVE GRANT AGREEMENT WITH HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO ASSIST WITH COSTS RELATED TO WEST 70TH STREET EXTENSION ANNOTATED AGENDA August 18,2015 Page 4 H. ADOPT RESOLUTION AWARDING CONSTRUCTION CONTRACT FOR WEST 701 STREET EXTENSION IMPROVEMENT PROJECT TO MEYER CONTRACTING,INC. I. AWARD CONTRACT FOR CONSTRUCTION OF FIRE STATION 4 DUTY CREW SLEEPING QUARTERS TO GARDNER BUILDERS J. AWARD CONTRACT FOR CONSTRUCTION OF RINK 2 DRY FLOOR TRAINING FACILITY TO BECKER ARENA PRODUCTS,INC. K. REJECT BIDS FOR MILLER 8 BALLFIELD IMPROVEMENT PROJECT L. APPROVE MAINTENANCE AGREEMENT WITH RILEY-PURGATORY- BLUFF CREEK WATERSHED DISTRICT FOR MIRACLE LEAGUE FIELD STORMWATER FACILITY M. AWARD CONTRACT TO ST. CROIX RECREATION FOR PURCHASE OF PLAYGROUND EQUIPMENT FOR CAMP EDEN WOOD N. APPROVE PURCHASE AND INSTALLATION OF WATSON DISPATCH FURNITURE SYSTEM FROM DICK BUSS & ASSOCIATES LLC IX. PUBLIC HEARINGS /MEETINGS A. COMFORT INN EDEN PRAIRIE by Michael Monn Architects. Request for Site Plan Review on 3.20 acres. Location: 7740 Flying Cloud Drive. (Resolution for Site Plan Review) Official notice of this public hearing was publishing in the August 6, 2015,Eden Prairie News and mailed to 9 property owners. Synopsis: The applicant plans to update the exterior facade of the building to align itself with the Comfort Inn Brand. This update will include: • Removal of the existing mansard like panel around the perimeter of the building • Update the color scheme to the current brand standard • The addition of cornices at the roof line • Update the Porte Cochere to match the revised building finishes The exterior building material will continue to meet exterior building material code. In 1985 The Planning Commission and Council reviewed and approved a 124 room, three-story hotel on this site. An architectural feature included a metal mansard type room around the perimeter of the roof. This architectural feature was not a requirement for development by the City at the time of approval. The Planning Commission voted 6-0 to recommend approval of the project at the July 13, 2015, meeting. ANNOTATED AGENDA August 18,2015 Page 5 MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Site Plan Review on 3.20 acres B. WAND CORPORATION by Wand Corporation. Request for Planned Unit Development District Review with waivers on 2.88 acres; Zoning District Amendment within the I-2 Industrial Park Zoning District on 2.88 acres. Location: 7575 Corporate Way. (Ordinance for PUD District Review with waivers and Zoning District Amendment) Official notice of this public hearing was publishing in the August 6, 2015,Eden Prairie News and mailed to 12 property owners. Synopsis: WAND Corporation currently has its headquarters located in the building at 7605 Corporate Way. WAND is proposing to retain the 7605 Corporate Way facility for warehouse purposes and move its headquarters to 7575 Corporate Way. The property is zoned Industrial Park I-2, which allows office uses up to 50%. The property received a variance in 1982 to allow 77% office use. The applicant is requesting a Planned Unit Development Waiver to allow the building at 7575 Corporate Way to be used as 100% office. City Code requires offices uses to provide on-site parking at 5 parking stalls per 1,000 square feet of Gross Floor Area. The property at 7575 Corporate Way currently has 85 parking stalls on site and to be consistent with City Code requirements for office parking, would require 119 stalls for 100% office use. The property is encumbered by shoreland, floodplain, and wetland impacts. WAND has provided a revised"proof of parking"plan that shows 119 total parking stalls located outside of these areas. The site should not assume any parking availability on the street. Overflow parking has been identified on Corporate Way as an issue in the past. WAND Corporation's move to the new facility is expected to help alleviate this issue. Because WAND has indicated that 85 parking spaces would meet the need of their business, staff is not recommending that any"proof of parking" spaces be constructed at this time. However, due to the identified parking issues on Corporate Way, one of such factors that may necessitate construction of the proof of parking in the future includes if there is parking occurring on the street. All parking constructed will be required to meet all City regulations and Riley Purgatory Creek Watershed District regulations at the time which it is built. Staff recommends tying the 100% office waiver to WAND as building occupant, to ensure parking issues do not arise in the future. This waiver is transferable to future users provided that the future user(s) can demonstrate that the site meets their parking needs with the amount of parking on the site at the time of transfer. The following PUD waivers are proposed: 1. Waiver to allow 100% office use in the I-2 zoning district. The business model WAND Corporation has presented indicates that they will be able to ANNOTATED AGENDA August 18,2015 Page 6 accommodate their parking needs with the 85 stalls provided on the site. The approval to operate at 100% office use is granted to WAND Corporation as the building occupant. If WAND vacates the premises, the waiver is transferable to future users provided that the future user(s) can demonstrate that the site meets their parking needs with the amount of parking on site at the time of transfer. The future user should demonstrate the site meets their parking needs by providing an Employee Parking forecast, similar to the Employee Parking Forecast provided by WAND Corporation, attached. 2. Waiver to exceed the amount of impervious surface within a shoreland area consistent with existing conditions depicted on plans stamp dated July 7, 2015. The parking already constructed on the site exceeds the 30%requirement; therefore it is an existing condition. The 120-Day Review Period Expires on November 4, 2015. The Planning Commission voted 6-0 to recommend approval of the project at the July 27, 2015 meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Review within the Industrial Park 1-2 Zoning District on 2.88 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO TRANSIT ORIENTED DEVELOPMENT (TOD) Official notice of this public hearing was publishing in the August 6, 2015,Eden Prairie News. Synopsis: The intent of the Transit Oriented Development(TOD) ordinance is to provide for development of attractive, compact, pedestrian-friendly, high density, environmentally and economically sustainable, transit-oriented areas which allow a complementary mix of land uses. A TOD land use pattern is intended to support transit system investments, optimizes development opportunities, and help achieve many goals and policies outlined in the Eden Prairie Comprehensive Plan. The proposed ordinance includes three Transit Oriented Development(TOD) zoning districts: A. The TOD-Mixed Use (TOD-MU) district encourages high-density, mixed-use, and pedestrian-oriented development that supports transit usage with predominantly commercial ground floor uses and upper story offices, residential and/or hotel. ANNOTATED AGENDA August 18,2015 Page 7 B. The TOD-Residential (TOD-R) district allows for moderate-to high-density residential development with some allowance for ground floor neighborhood commercial and restaurant uses. C. The TOD-Employment(TOD-E) district allows for moderate-to high-density office and light industrial development with some allowance for neighborhood commercial and restaurant uses. All of the districts allow certain public uses such as libraries, parks and public parking ramps. The proposed ordinance also addresses Purpose, Definitions, Applicability, Permitted Uses, Development Standards, Building Standards, Parking Standards, Pedestrian/Bicycle Facility Standards, Landscaping and Open Space Standards, Supplemental Analysis or Study requirements (Traffic, Travel Demand Management, and Parking), Architectural Standards, Signage, Lighting, Mechanical Equipment/Trash/Loading Facilities, and Tree Replacement. The ordinance is generally intended for areas within a 10-minute walk of existing or future transit stations. However, the ordinance will not be applicable to any properties until such time as the Comprehensive Plan has been amended to include a Transit-Oriented Development(TOD) land use designation and an individual property is subsequently re-guided and rezoned to TOD. These future actions could be initiated by the City after further evaluation of the infrastructure capacity and specific desired development for the transit areas or by request of individual property owners. In the Town Center station area, staff and the Planning Commission recommend retaining the Town Center Comprehensive Plan designation and making future minor amendments to the Town Center Zoning Ordinance to include certain TOD requirements such as bicycle parking. In response to stakeholder feedback, staff and the Planning Commission also recommend beginning the process for amending the Site Plan and Architectural Review and Planned Unit Development ordinances to allow more streamlined processes for minor property and building changes. Staff is requesting the Council's direction to begin the process for these and other associated Chapter 11 Code amendments, which would include future public hearings at the Planning Commission and City Council. Planning Commission Recommendation The Planning Commission held a public hearing and had a thorough discussion of the TOD ordinance at their July 13, 2015 meeting. The Planning Commission recommended continuance so staff could incorporate additional recommendations. The Planning Commission continued the public hearing and voted 6-0 to recommend approval of the TOD ordinance at their July 27, 2015 meeting. (Please see cover memo for more detail.) ANNOTATED AGENDA August 18,2015 Page 8 MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Transit Oriented Development Ordinance; and • Direct staff to begin preparing associated amendments to the other sections of Chapter 11 including the Town Center Ordinance, Site Plan and Architectural Design Review Ordinance, and Planned Unit Development Ordinance. D. VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS OVER LOT 1, BLOCK 1, FIVE MITCHELL CROSSING(RESOLUTION) Official notice of this public hearing was publishing in the July 30, 2015,Eden Prairie News and mailed to four property owners. Synopsis: The owners of the Martin Blu apartments requested the vacation of a portion of the public drainage and utility easements to accommodate a sign at the intersection of Mitchell Road and Martin Drive. The public drainage and utility easement areas to be vacated were originally dedicated with the plat of Five Mitchell Crossing. The owners of the Martin Blu apartments would like easements vacated to accommodate the permanent posts needed to support a sign at the intersection of Mitchell Road and Martin Drive. The sign will be removable from the permanent posts to allow use of all the remaining drainage and utility easement due to the large number of buried utilities in the easement. MOTION: Move to: • Close the public hearing; and • Adopt the resolution vacating the a portion of the public drainage and utility easements over Lot 1, Block 1, Five Mitchell Crossing X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER ANNOTATED AGENDA August 18,2015 Page 9 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Crossroads Center Request to Revise Project Elevations Synopsis: On July 14, 2015, the City Council approved the Development Agreement for the façade remodel and landscaping improvements associated with Crossroads Center. The Development Agreement included the plans that were reviewed and approved by Council. The applicant is planning the façade improvements as a result of hail damage to building occurring in 2013. Following City approval of the project, the property owner put the project out to bid and received bids in excess of original cost estimates. The property owner has inquired to staff the possibility of modifying the building improvements to eliminate the raised parapets that were included with the plans reviewed and approved by the City. Please see below for renderings depicting the approved plans and the proposed revisions. Through the review process, staff worked with the applicant to maximize the aesthetic improvements to the site. Providing articulation and interest in the roofline was one of the additional elements presented to meet this objective. City Council, Planning Commission and staff have been taking part in ongoing discussions related to design standards, including building materials and architectural elements. Through these discussions, the Council has communicated a desire to have the opportunity to review and provide input on building façade remodels. Additionally, staff is currently discussing the concept of providing draft language for Council consideration that would allow for an abbreviated process by which PUD amendments and site plan reviews that are minor in nature could be reviewed directly by the City Council. This case is similar to what staff would anticipate bringing forward directly to Council for its review and input. Approved Elevations #1. ANNOTATED AGENDA August 18,2015 Page 10 Proposed Revised Elevation v Sr • 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 XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Presentations August 18, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.A. Community Development/Planning Janet Jeremiah/Lori Creamer Heritage Preservation Award Synopsis Heritage Preservation Commission Vice Chair, Ed Muehlberg, will introduce the Heritage Preservation Award, which recognizes an individual, family or business that has gone above and beyond their usual responsibilities to promote, preserve, rehabilitate or restore Eden Prairie's heritage resources. The Mayor will present the award. The recipient of the 2015 Heritage Preservation Award is the late Marie Wittenberg. Marie's daughter, Jill Hules, will be on hand to accept the award. Background Marie Wittenberg lived in Eden Prairie her whole life. She was proud to be a part of one of the first families (1852 Mitchell clan)to come to Eden Prairie. There was nothing usual about Marie's dedication and passion for preserving Eden Prairie's history. Marie was very involved with the Eden Prairie Historical Society and held the office of president for 15 years. Marie was a regular contributor/columnist about historical events in the Eden Prairie News for many years. She created the Eden Prairie Historical Museum and volunteered hundreds of hours collecting and inventorying historical artifacts and worked tirelessly to insure they were available for the public's enjoyment and appreciation. Marie also wrote several books which were focused on Eden Prairie pioneer days and settlers including: Cemetery Logs;Eden Prairie Pioneers; Eden Prairie:A Brief History and Images of Eden Prairie- currently sold at Barnes and Noble. Heritage Preservation Commission members are: • Steve Olson, Chair • Ed Muehlberg, Vice Chair • Cindy Cofer Evert • Mark Freiberg • Pamela Spera • Paul Thorp • Tara Kalar • Lori Creamer, Staff Liaison CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations August 18, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B.1. Jay Lotthammer, Director, Donation of$43,015 from the Eden Prairie Parks and Recreation Hockey Association toward Community Center Dryland Training Area in Ryan Shuman Memorial Rink 2 Requested Action Move to: Adopt the Resolution accepting the donation in the amount of$43,015 from the Eden Prairie Hockey Association to go towards a dryland training area in Ryan Shuman Memorial Rink 2, at the Eden Prairie Community Center. Synopsis This donation to the Community Center from the Eden Prairie Hockey Association will go towards the purchase and construction of a dryland training area, including a 18'x 50'enclosed stickhandling area and a netted shooting area containing four shooting stations. The added dryland amenities will allow for sport specific skill development for youth participants year-round. Background In May 2013, the Community Center converted the Ryan Shuman Memorial Rink 2 from an Olympic-sized(200 ft x 100 ft)rink to the traditional NHL-sized(200 ft x 85 ft) rink. The reduced Rink 2 foot print allowed for the addition of a dryland training area. The Eden Prairie Hockey Association has been conducting all dryland activities at a private off- site facility. A dry-land area at the Community Center will allow for a more affordable on-site training option for youth participants. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $43,015 to be used for Community Center Ryan Shuman Memorial Rink 2 Dryland training area from the Eden Prairie Hockey Association is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 18th day of August, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations August 18, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B.2. Jay Lotthammer, Director, Donation of$10,000 from the Sampson Parks and Recreation Family toward Art Center Equipment Requested Action Move to: Adopt the Resolution accepting the donation in the amount of$10,000 from the Sampson Family to go towards Art Center equipment. Synopsis This donation to the Art Center from the Sampson Family will go to the purchase of large studio equipment such as glass and ceramic kilns for growing programs. Background In April of 2008, the City of Eden Prairie accepted the donation of a 5,400 square foot building to be used as an art center. With the City Council approval, it has become the largest single gift ever offered to the City of Eden Prairie. In May of 2009, the art center opened its doors to the public and has become a much needed and appreciated creative institution for the residence of Eden Prairie. Since 2009 the Art Center programs have grown every year. Beyond classes and summer camps, private lessons, open studio time, birthday parties, group outings, events and display artwork of local artists are offered. The mission of the Eden Prairie Art Center is to enhance the quality of life and foster creativity in our community by proving access to the arts for people of all ages and abilities. The Art Center works to achieve this mission by offering exceptional programing and studio space in mediums ranging from painting, drawing, ceramics, fused glass,jewelry and more. There are classes for all ages, toddler to senior. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of$10,000 from the Sampson Family to be used for Art Center equipment is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 18th day of August, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations August 18, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B.3. Jay Lotthammer, Director, Donation of$40,000 from True Friends Parks and Recreation Towards the Construction of a Play Structure at Camp Eden Wood Requested Action Move to: Adopt the Resolution accepting a donation of$40,000 from True Friends towards the construction of a play structure at Camp Eden Wood. Synopsis City staff along with staff from Friendship Ventures jointly applied for grant funds from the Hennepin Youths Sports Grant Program. A $40,000 grant was awarded with a$40,000 match coming through Friendship Ventures from C.H. Robinson. This funding will be used to construct an accessible play structure at Camp Eden Wood. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $40,000 from True Friends to be used for a play structure at Camp Eden Wood is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 18th day of August, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations August 18, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B.4. Jay Lotthammer, Director, Accept Donation of$50,000 and Approve a Parks and Recreation Naming Rights Agreement with Lariat Companies Inc. Requested Action Move to: Adopt the Resolution accepting a$50,000 donation and approve naming rights agreement with Lariat Companies Inc. Synopsis The Miracle League Fundraising Group has sought donations and naming rights to fund the project. Lariat Companies Inc. has agreed to a$50,000 contribution in exchange for naming rights to the field(see attached Naming Rights Agreement). Attachment Resolution Naming Rights Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $50,000 from Lariat Companies to be used for the Miracle League Field is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 18th day of August, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 2015 Naming Agreement Between City of Eden Prairie and Lariat Companies, Inc. This Naming Agreement ("Agreement") is made and entered into as of this 18t' day of August, 2015, by and between City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota("City") and Lariat Companies, Inc., a Minnesota corporation ("Holder"). Recitals A. Holder intends to make a donation (the "Donation") in the amount of Fifty Thousand Dollars ($50,000)to City. B. The parties desire that Holder's donation to City be recognized by the grant to Holder of the right to associate Holder's name or logo with the Miracle League Field at the City's Flying Cloud Fields as described herein(the "Named Subject"). NOW THEREFORE, in consideration of the premises and mutual agreement set forth in this Agreement, the parties agree as follows: 1. Grant of Right to Name. City grants to Holder the right to designate and use its following name and/or logo on and with respect to the Named Subject: Lariat Companies, Inc. The name or logo shall appear on the 3 foot by 3 foot sign and noted as the lead sponsor for the EP Miracle League Field as depicted on Exhibit A attached hereto (the "Entrance Sign"). The Holder's name or logo shall be displayed on a paver in the paver area as displayed in Exhibit A attached hereto (the "Pavers") and in the location of the Named Subject. 2. Term. The rights granted to Holder hereunder shall be for a term of twenty(20) years beginning with the date as of which this Agreement is made. 3. City's Right to Terminate or Change Named Subject. a. If the City is not the owner of the Flying Clouds Fields, and desires to remodel, enlarge, decrease, reconfigure or modify or discontinue the operation of the Miracle League Field at Flying Cloud Fields, City shall select an alternative or substitute Named Subject for the designation and use of Holder's name and/or logo ("Substitute Named Subject). The selection of the Substitute Named Subject shall be made by the City Manager after consultation and written consent by the Holder, provided such consent shall not be unreasonably withheld. No alternative use of Holder's name and/or logo may be used without Holder's written consent. b. In the event City acquires fee ownership of the Flying Cloud Fields and discontinues the operation of the Miracle League Field at Flying Cloud Fields, City shall refund to Holder that portion of the donation determined by the following formula: A x C/ B = D, where A is the Donation; B is the Term; C is the number of years remaining on the Term; and D is the refund. By way of example only if the City discontinues the operation of Miracle League after 10 years, the computation is: $50,000 x 10 = $500,000, divided by 20= $25,000. c. If the City is not the fee owner of the Flying Cloud Fields and the owner of Flying Clouds Fields cancels the City lease of the Flying Cloud Fields the City may determine to: (i) cease operation of the Miracle League Field or (ii) relocate the Miracle League Field to another site. If the City ceases operation of the Miracle League Field, this Agreement shall terminate and no refund of the Donation shall be due Holder. If the City relocates the Miracle League Field to another site, the City shall transfer the Named Subject to such new site in accordance with 3.a above and this Agreement shall remain in full force and effect subject to the terms stated herein. 4. Termination of Term by City. In addition to any rights and remedies available at law or otherwise set forth in this Agreement, the City may terminate the Term of Holder's rights hereunder in the event the City Council determines in its sole judgment that circumstances have changed such that the name and/or logo chosen by Holder would adversely impact the reputation, image, mission, or integrity of the City in the event of a continued association with Holder and the continuation of the Agreement provided for herein. Upon any such termination of the Term of this Agreement, the City shall have no further obligation or liability to Holder and shall not be required to return any portion of the donation already paid. 5. Termination of Term by Holder. The term of Holder's rights hereunder may be terminated by Holder by giving City notice in writing of its intention to do so thirty (30) days prior to the date of termination and in such event Holder's donation shall not be refunded. 6. Ownership of Display Upon Termination. Upon termination of the term through the expiration of time or as provided in paragraphs 4 and 5 of this Agreement, the Display shall be removed from the Named Subject and returned to Holder. 7. Exclusive Naming Rights. Holder's rights to designate and use its name and/or logo on and with respect to the Named Subject shall be exclusive during the Term hereof. Option to Extend. Holder shall have the option to extend this Agreement for an additional twenty (20) years. Holder may exercise this option by providing notice to the City of its intent to exercise the option no later than six (6) months prior to the expiration of the Term described above in paragraph 2. If Holder chooses to exercise the option, Holder shall make an additional payment to City in the amount of the original donation described in paragraph 1.a, as adjusted by the Consumer Price Index for the date three months prior to the date on which the additional payment is to be made. As used herein "Consumer Price Index" shall mean the Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average for All Items, 1982-84 = 100, or the successor of that Index, as published by the Bureau of Labor Statistics, U.S. Department of Labor. Should the Consumer Price Index as above described 2 cease to be published, a reasonably comparable successor Index shall be selected by the City. 8. Representations and Indemnification. a. Representation. Holder represents and warrants to City that it owns and has the right to use in the manner described herein the name or logo described in Exhibit 1 and that the use contemplated by this Agreement does not infringe upon any other person's name, logo, trade name, trademark or service mark. b. Indemnification. Holder shall defend (or, at the option of City, the City may defend at Holder's reasonable expense), indemnify and hold City harmless from all claims, demands, suits, actions, proceedings, losses, fines, expenses, costs, and damages of every kind and description including reasonable attorney's fees and litigation expenses that may be brought or made against or incurred by City arising out of or related to the use of Holder's name or logo pursuant to this Agreement including but not limited to the infringement of the rights of any other person with respect thereto. 9. Grant of Licenses. Holder hereby grants to City a royalty free, worldwide license to use its name or logo in connection with (a) the operation of The Miracle League Field; (b) the provision of services offered in The Miracle League Field; and (c) advertisements for the promotion of The Miracle League Field at Flying Cloud Field in Eden Prairie, the services provided and the events conducted therein. 10. Limitation of Damages. Neither party herein shall be liable to the other for any indirect, consequential, incidental loss of profits or like expectancy damages arising out of this Agreement. 11. Remedies. In the event of breach of this Agreement by Holder, City shall, in addition to any other remedies provided by law, be entitled to the remedy of specific performance, temporary or permanent injunction or other equitable relief as a remedy for any breach or threatened breach of the provisions of this Agreement. 12. Miscellaneous. a. Modifications. This Agreement constitutes the entire Agreement between the parties and supersedes any prior oral or written understandings or agreements relative to the subjects of this Agreement. This Agreement may be amended only by written instrument signed on behalf of Holder and City by persons duly authorized to do so. b. Governing Law of Venue. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Minnesota. Any action or proceeding in any way arising out of or related to this Agreement shall be 3 litigated, if at all, in a state or federal court located in Hennepin County, Minnesota. c. Nature of Relationship. It is understood that this is an agreement between independent contractors and that neither party is in any way an agent or employee of the other party. d. 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 Contractor 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 Holder shall comply with those requirements as if it were a government entity. All subcontracts entered into by Holder in relation to this Agreement shall contain similar Data Practices Act compliance language. e. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to City by delivering it personally to the City Manager; or if it is directed to Holder, by delivering it personally to Edward F. Flaherty, Lariat Companies, Inc.,8345 Crystal View Road, Suite 200, Eden Prairie, MN 55344 ; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier,properly addressed as follows: If to Grantor: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn: City Manager With a copy to: Richard F. Rosow Eden Prairie City Attorney 650 Third Ave. South, Suite 1600 Minneapolis, MN 55402-4337 If to Holder: Edward F. Flaherty Lariat Companies, Inc. 8345 Crystal View Road Suite 200 Eden Prairie, MN 55344 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one 4 business day after any such deposit. 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, ten (10) days prior to the effective date of such change. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. LARIAT COMPANIES,INC. CITY OF EDEN PRAIRIE By By Its Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager 5 EXHIBIT A %Ede ■ VsV WV tHll Eden, I �H zV /nrEDMiAciLE FUrL l� IIi •••••ro ..1110, 111.1.11111.1.1117,7i11111% M-ice ' wif tr q 40...r111111111111111111141 Met 1116 ' .. 111,,N.1. ; 7 r.'' ► ill r" m , wI-Dig -..._ � rmrrepnr.csar - --- _ W$B 1 Entrance Sign Pavers 6 ITEM NO.: IV.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JULY 14, 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, 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, Finance Manager Sue Kotchevar, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Jan Curielli Workshop-Heritage Room II I. 2016-2017 BUDGET (5:30-6:00 P.M.) Getschow reviewed the timeline, the goals, and the revenue and expenditure highlights for the two year budget for 2016-2017. He said tonight's presentation is a preliminary review. The budget will be reviewed again in August, and the 2016 preliminary tax levy and budget will be approved by the Council in September. There will be further discussions in October and November that will include a review of the enterprise and utility operations. The Council will adopt the final budget and tax levy at a public meeting in December. The budget process starts with the departments'work plans and incorporates additional information during the process. He noted there is supplemental information from the Police Department tonight. Lotthammer reviewed the budget plans for the Community Center which includes the addition of a Fitness and Operations position. The expansion of the Community Center has caused increased activity. Over 300 part time staff are employed at the Community Center which operates seven days a week, 365 days a year. He said the increased levels of activity has made it impossible for one person to manage both aquatics and fitness. Nelson asked if there is a Community Center Manager. Lotthammer said there is. Aho asked if the pool expansion might cause increased scheduling time. Lotthammer said we have an aquatics expert now,but will need someone on the fitness side. He noted the health care reimbursement process has become quite time consuming. Getschow reviewed the handout from the Police Department that presented the results of the resource allocation study. He noted there are increased demands on the schedule because of the greater number of calls, more time spent per call, and the increased complexity of the calls. Investigations have become more complex. They have changed shifts and redefined positions in response to the increased demands, but there may be a need to add another position at the end of 2016 and another at the end of 2017. City Council Workshop Minutes July 14, 2015 Page 2 Getschow reviewed the proposed total budget and tax levy. He noted there are several unknowns involved in the process such as the impact of property taxes and fiscal disparities. A comparison of Eden Prairie with other metropolitan cities shows Eden Prairie in the bottom third or fourth and the proposed budget would not affect that comparison very much. He said staff would like to prepare a series of short videos themed around each department to provide information to residents about all of our services and the cost of those services. Tyra-Lukens said it is important to maintain our status in the lower third of the comparison and to maintain our services. Nelson asked if we would relook at adding a second Police Officer if we are doing well after the addition of the first one in 2016 and whether adding the two officers would mitigate over-time costs. Police Chief Reynolds said it would have a positive impact on overtime but would not eliminate it. They would evaluate the situation after the first officer has been added. Getschow noted we will discuss the 2017 budget next year, and in the past we have always had some type of change for the second year of the budget. He noted that in the 2016 budget, we would have a net gain of 0.5 FTE as we are proposing to add 2.0 FTE and subtract 1.5 FTE due to not implementing the point of sale project. II. SWLRT UPDATE (6:00-6:30 P.M.) Ellis said the Counties Transit Improvement Board(CTIB) is the largest funding partner for the SWLRT, and they have decided to limit their contribution to $496,000. The Advisory Committees and the Met Council performed a cost reduction exercise to delete, defer or possibly do joint funding of some items for the project. As a result of that exercise, the SWLRT project was changed to end at Southwest Station, defer the Town Center station, and other changes were made to reflect the potential for the highest ridership and the best shared sacrifice. The changes resulted in$250 million in reductions, but there remained$91 million of unfunded costs. The Met Council supported the recommendations,but the funding gap must be closed. A New Starts application which will lock in the project scope and budget is due on August 3. Ellis reviewed the changes to the project scope and noted commitments from cities, Hennepin County, the Met Council and the Park District have brought the funding gap down to $9.5 million. Individual cities have been asked to look at ways to eliminate the funding gap. The suggestions for Eden Prairie included donating the land at the City West Station, exploring leveraging of the Locally Requested Capital Investments (LRCI) as in-kind contributions, and making some modifications to the Eden Road design. There appears not to be a lot of desire to defer the City West Station, although that is a possibility. He noted the Council is not being asked to make a decision tonight,but the understanding is that the partners are to come together to close the funding gap. Ellis noted there is some precedence for City contributions for local transportation projects. Aho asked if the City contributed$5.8 million for the Shady Oak Road improvements. Ellis said the City did contribute $5.8 million for those items we could not require UHG City Council Workshop Minutes July 14, 2015 Page 3 to fund. Butcher Wickstrom asked about the possibility of UHG coming back to the table for this project. Ellis said they funded a lot of the Shady Oak construction, and they believed the station would open with no cost to them. Tyra-Lukens noted this is a new game, and we all have to cut costs. Nelson commented that deferring the City West Station takes away a lot of businesses for the project in terms of potential ridership. Ellis replied if a station is deferred, the assumption is it will go in at some point, and so the ridership figures are counted. Nelson said she didn't see more funding being available for the SWLRT for a long time, and she saw the City West Station as a way to bring a lot of people into the City without blocking the freeways. She thought the Major Center Area station deferment makes sense, but she had a hard time with deferring City West. Aho asked why the Mitchell Road station was deleted rather than deferred. Ellis said if it were deferred, it would have to be included in the project costs. Tyra-Lukens introduced Peter McLaughlin, member of the SWLRT Executive Change Control Board. She asked him if a station could be deferred after the August 3 date and why at first we were the only city going through the municipal consent process again but now all are going through it. Mr. McLaughlin said there have been local contributions on the other LRT projects that arose out of budgetary constraints. We often have to make the project work with tradeoffs regarding the scope of the project. The August 3rd deadline is driven by the annual submittal to the Federal Highway Administration. That submittal gets a project into consideration in the President's budget. He said the more money that is lined up for the non-Federal share of the project, the better. He said having 80% of the funds committed would keep the momentum going with the goal to get the percentages up by August 3. He noted they were able to keep the Southwest Station in play, and it would not take a large amount to put back the Town Center station. We need to put the cash together and tie up the project. Getschow said the timing piece is important. Some of the cost-cutting items mentioned are projects for which we have planned and budgeted and that do revolve around the SWLRT. We were hoping there would be some credit given for those items, and we do need that question answered. Aho asked if the money for those improvements are part of the project dollars and, if not, how we would get credit for them. Ellis said that is the tricky part. They were going to be done before the SWLRT,but we have asked the project office if they could be considered as in-kind contributions. Aho asked how that would reduce the gap that we are trying to close. Ellis said the Federal Transportation Administration would give one-half of the cost for those projects. If we gave 100% of the cost, then their half should be included as a contribution. We need to get a solid answer to that question. Getschow said the Eden Road item would be a much smaller project. Butcher Wickstrom asked if the parking is adequate to support the station. Getschow said the parking estimates were for the option that landed at Redstone, so we don't have to worry about that. Mr. McLaughlin noted that station was moved further south on Technology Drive. City Council Workshop Minutes July 14, 2015 Page 4 Aho asked about the parking at Southwest Station. Ellis replied we plan 450 parking stalls in addition to the current parking at Southwest Transit, which is half the original amount planned. Mr. McLaughlin noted parking was cut all along the line. Aho said he sits on the Southwest Transit Board, and there is a concern about what will happen to parking at Southwest Station if we add only half the parking needed for SWLRT. Southwest Station is currently at overflow status. Ellis said municipal consent makes sure it is possible to expand beyond the opening day. Tyra-Lukens asked why all cities now have to give municipal consent. Mr. McLaughlin said they originally thought that only Eden Prairie and Hennepin County would have to give municipal consent because of substantive changes; however, the lawyers looked at the statute and determined the elimination of the bicycle trail in Minneapolis constituted a change in the scope of the line and that triggered municipal consent. Aho asked if there are hidden costs because of the environmental studies. Mr. McLaughlin said there is a healthy contingency built into the budget--$400 million, or 27%. There is some room to deal with contingencies, and the further along we get in the design the more certainty there is. Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: IV.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JULY 14, 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, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor 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. ACCEPT DONATION FROM MIRACLE LEAGUE FIELD FUNDRAISING (RESOLUTION NO. 2015-67) Lotthammer said John and Logan McCarthy and Dave and Mike Espe are here tonight to present a check for a portion of the funds needed to build the Miracle Field. He said the contracts will be awarded tonight as part of the Consent Calendar and will be assigned over to RJM Construction. RJM Construction has agreed to be the construction management firm for the project at no cost to the City. There is a total of$105,522 for project costs to be approved tonight and that will get them going with the construction. John McCarthy reviewed the contributors to the fund. They have collected about $175,000, which is 90% of their original goal of$200,000. He noted the construction cost has gone up to $250,000. Their next mission is to get some in- kind donations from some of the contractors. They want to start construction in August. Tyra-Lukens commended them for their outstanding efforts to get contributions and to raise funds. Aho said he was impressed that they got the money together so CITY COUNCIL MINUTES July 14, 2015 Page 2 quickly. He was also impressed by the number of people who are willing to support the community. MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2015-67 to accept the donation in the amount of$120,399 from the Miracle League Field Fundraising Group for the construction of the field. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow added Item XIV.B.1. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 16, 2015 MOTION: Aho moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, June 16, 2015, as published. Motion carried 4-0-1,with Butcher Wickstrom abstaining. B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 16, 2015 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, June 16, 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. CROSSROADS CENTER by Tim Cashin. Second reading of Ordinance 9- 2015-PUD-4-2015 for Planned Unit Development District Review with waivers on 2.9 acres and Zoning District Amendment within the Commercial-Regional- Service zoning district on 2.9 acres and Site Plan Review on 2.9 acres. Location: 7731 Flying Cloud Drive. (Ordinance No. 9-2015-PUD-4-2015 for PUD District Review with waivers and Zoning District Amendment within the C- REG-SER zoning district; Resolution No. 2015-68 for Site Plan Review on 2.9 acres) C. APPROVE CONSTRUCTION MANAGEMENT CONTRACT WITH RJM CONSTRUCTION FOR MIRACLE LEAGUE FIELD PROJECT D. AWARD BIDS AND ASSIGN CONTRACTS TO RJM FOR THE CONSTRUCTION OF MIRACLE LEAGUE FIELD CITY COUNCIL MINUTES July 14, 2015 Page 3 E. AWARD CONTRACT FOR REHABILITATION OF BITUMINOUS BIKE TRAILS TO BITUMINOUS ROADWAYS, INC. F. AWARD CONTRACT FOR BUILDING RESTORATION REPAIRS TO RESTORATION SYSTEMS, INC. FOR BASE BID AND ALTERNATE G-2 G. AWARD CONTRACT FOR REPLACEMENT OF UPPER LEVEL PUBLIC AREA CARPET IN CITY HALL TO ACOUSTICS ASSOCIATES H. ADOPT RESOLUTION NO. 2015-69 DECLARING THE CITY'S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS I. APPROVE CONTRACT WITH ULTIMATE SOFTWARE GROUP, INC. FOR RECRUITMENT AND ONBOARDING MODULES J. DECLARE PROPERTY AS ABANDONED K. ADOPT RESOLUTION NO. 2015-70 APPROVING AMENDMENT TO MNDOT AGREEMENT FOR SHADY OAK ROAD SOUTH L. APPROVE AGREEMENT WITH TWIN CITIES AND WESTERN RAILROAD FOR REPLACEMENT OF VALLEY VIEW ROAD AT- GRADE CROSSING M. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR ENGINEERING SERVICES TO RECONSTRUCT BLUFFS WEST LIFT STATION N. ADOPT RESOLUTION NO. 2015-71 APPROVING PLANS FOR TURN LANE IMPROVEMENTS ON PIONEER TRAIL AT GREEN ACRES O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP, INC. FOR IN-CONSTRUCTION SERVICES FOR WEST 7011 STREET EXTENSION IMPROVEMENT PROJECT P. APPROVE BUFFER MAINTENANCE AGREEMENT FOR PURGATORY CREEK BANK STABILIZATION PROJECT Q. APPROVE PURCHASE AND EARLY ORDERING OF NEW SINGLE AXLE DUMP TRUCK WITH SNOW PLOW EQUIPMENT MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-Q on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS CITY COUNCIL MINUTES July 14, 2015 Page 4 A. SHOPS AT SOUTHWEST STATION by Venture Pass Partners, LLC. Request for Planned Unit Development Concept Review on 1.67 acres, Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service zoning district on 1.67 acres and Site Plan Review on 1.67 acres Location: 13000 Technology Drive. (Resolution No. 2015-72 for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment) Getschow said this site was originally approved in 1999 as a restaurant called Pickled Parrot(most recently Santorini's) and is part of a previously approved Planned Unit Development(PUD)which includes Southwest Station Retail (multi-tenant building, Anchor Bank, and Ruby Tuesday), and Southwest Transit Station. The proposal is for an 11,138 square foot multi-tenant retail building with a 2,389 square foot deck for restaurant tenant dining. The applicant proposes to remove the existing Santorini restaurant building, but intends to reuse a majority of the existing foundation and pilings for the proposed building. There are four proposed tenants, including three restaurant uses and one dental office. The applicant provided a proposed parking ratio based on an anticipated tenant use of restaurant and office. The Planning Commission voted 5-0 to recommend approval of the project at the June 22, 2015 meeting, but had some suggestions and minor changes that are now included in the project. Staff recommends approval of the project and the PUD waivers that will be carried over from the original approval. Randy Rauwerdink, representing Venture Pass Partners, gave a summary of the project. He said they plan to use as much of the existing foundation and pilings as possible, will add 30 parking stalls, and will take 20 feet off the front of the building on the north side. He reviewed the landscaping plan, noting they will add a raingarden and will screen the underside of the deck. He reviewed the elevation photos of the project. Tyra-Lukens said she was confused because she saw five doors and five sign spots but the plan shows four tenants. Mr. Rauwerdink reviewed the spaces planned within the building. Tyra-Lukens asked if they will meet the sign code and if the signage indicated is not necessarily the final location. Mr. Rauwerdink said they will meet the requirements of the sign code and the sign span is locked in, but the tenant signage will depend on who the final tenants in the building are. Nelson asked about the handicapped parking being located on just one end of the building. Mr. Rauwerdink replied they tried to keep that parking on the grade level portion of the site. Nelson asked about the access points. Mr. Rauwerdink pointed out the three access points for the building. Tyra-Lukens asked if there was discussion about what would happen if they were not able to get a replacement for the dental office tenant who would have similar parking requirements. Dave Carland, President of Venture Pass Partners, said the four tenant spaces are committed, and the building is designed to be a multi- tenant building. CITY COUNCIL MINUTES July 14, 2015 Page 5 Case asked what will happen ten years from now if the dental office doesn't work out. Getschow said staffs recommendation is that language be incorporated in the development agreement that would reflect a maximum of three restaurant uses and one office, and we would ask them to lock that in. This project is completely driven by the parking. There could be a different iteration with additional parking, but the development agreement would come back to the Council for revision. Butcher Wickstrom was concerned about the parking lot and asked if the restaurants will serve lunch and dinner rather than being open all day. Mr. Carland said that was correct. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing; to adopt Resolution No. 2015-72 for Planned Unit Development Concept Review on 1.67 acres; to approve 1st reading of the ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Commercial Regional Service zoning district on 1.67 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher Wickstrom, 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 B. REPORT OF CITY MANAGER 1. Award from League of Minnesota Cities Getschow said we recently received the City of Excellence award from the League of Minnesota Cities. This annual award is given to three cities of different sizes, and Eden Prairie received the award for cities of 20,000 or more for the work we have done over the last two or three years on our snow and ice removal program. He thanked Public Works Director Ellis and his team as well as other departments that play a role in snow and ice control. He noted we will receive a check for$1,000 with the award. CITY COUNCIL MINUTES July 14, 2015 Page 6 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Adopt Resolution No. 2015-73 to Submit Comments on the Southwest Light Rail Transit(SWLRT) Supplemental Draft Environmental Impact Statement(SDEIS) Ellis said the alignment of the SWLRT changed dramatically as a result of the SDEIS. Formerly the alignment was on Technology Drive and along Hwy 212,but that shifted with the DEIS. Staff is in the process of reviewing the SDEIS and has drafted a response letter to the Project Office with eight general comments. The comments are as follows: • Continued support for the five stations in Eden Prairie that were part of our Municipal Consent on July 14, 2014; • Complement and coordinate the project with the services given by Southwest Transit and work together with them during the design and construction phases; • Review the design of the LRT bridge adjacent to Purgatory Park to complement the park setting; • Avoid and accommodate the construction with events that will occur at Purgatory Park during the construction of the SWLRT; • Eliminate curves on the design of the LRT bridge over Valley View Road at Flying Cloud Drive; • Screen and hide the LRT equipment where possible; • Analyze any modifications to the proposed alignment, stations and parking distribution to ensure adequate infrastructure is provided; • Minimize the effects on businesses and property owners during the construction process. Aho said he still has a lot of concerns about the project as a whole and its impact on Eden Prairie, especially with some of the changes they are making. He did not have concerns with submitting our comments in terms of the SDEIS. MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution No. 2015-73 to submit comments on the Southwest Light Rail Transit Supplemental Draft Environmental Impact Statement. Motion carried 5-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF CITY COUNCIL MINUTES July 14, 2015 Page 7 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS Tyra-Lukens commended staff, especially the Park& Recreation Department, on the successful Fourth of July celebration. She liked the fact that we did not start the fireworks until the sky was very dark. Lotthammer said staff estimates over 10,000 people attended the celebration on the Fourth, and there was also a great turnout for the events held on July 3. Butcher Wickstrom said last year we talked about amping up our Fourth of July celebration, and this was the highest quality one so far. The celebration helps to create family traditions which help to promote a home town community feeling. XVI. ADJOURNMENT MOTION: Case moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:49 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 18, 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 Temporary Liquor Organization: Eden Prairie Community Foundation Event: Prairie Brewfest Date: 09/12/2015 Place: SouthWest Station Parking Ramp 13500 Technology Drive Organization: Eden Prairie Lions Club Event: Chamberfest Date: 09/10/2015 Place: Premier Jet Center Hangar 14801 Pioneer Trail Amendment to Liquor License 2AM Closing Permit—Renewal Purple Star Inc. DBA: Green Mill of Eden Prairie Eden Prairie Jakes Inc. DBA: Jake's City Grille - 1 - CITY COUNCIL AGENDA DATE: August 18, 2015 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Liberty Plaza Development Janet Jeremiah/Julie Klima Agreement Amendment Requested Action Move to: • Approve the First Amendment to the Development Agreement for Liberty Plaza. Synopsis This is an amendment to the approved Development Agreement for Liberty Plaza. The original Development Agreement was approved in 2007. The 2007 Development Agreement included language regarding action steps related to the future construction of West 70th Street and parking plans for the site. As the West 70th Street project moves forward, the language and proof of parking plan required revision to address changes resulting from the pending West 70th Street construction. Attachments 1. Development Agreement Amendment LIBERTY PLAZA FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, made and entered into as of August , 2015, by LIBERTY PROPERTY LIMITED PARTNERSHIP, a Pennsylvania limited partnership hereinafter referred to as"Developer,"its successors and assigns,and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; WHEREAS, the parties desire to amend the Development Agreement between Liberty Property Limited Partnership and the City of Eden Prairie for Liberty Plaza dated October 16,2007, (hereinafter the "Development Agreement") for the Property legally described in Exhibit A-1, attached hereto and made a part hereof; WHEREAS,the amendment also will affect the parking on Lot 1, Block 2, Liberty Plaza as depicted on Exhibit C-1, the "Amended Area". NOW THEREFORE, Developer and City agree to the amendment of the Development Agreement as follows: 1. Paragraph 1 shall be amended by adding to the end of Paragraph 1 the following: "Developer shall develop the Amended Area of the Property in conformance with the plan revised and dated August 10, 2015, reviewed and approved by the City Council on August 18, 2015, and attached hereto as Exhibit C-1, subject to such changes and modifications as provided herein. 2. Paragraph 8 is amended in its entirety as follows: 8. LIGHT RAIL: Outlots A and B as shown on Exhibit B-1 (the Liberty Plat), shall be reserved for a future light rail transit line and station,and would otherwise be available for development but for this reservation. Nothing in this reservation may be construed to diminish the fair market value of Outlots A and B. The proof of parking plan shown in Exhibit C-1 dated August 10, 2015 identifies where parking displaced from Outlots A and B by a future light rail transit line and station may be replaced on Lot 1,Block 2,Liberty Plaza. Upon execution of this Agreement by all parties,Outlot A may be utilized for parking for Lot 1,Block 2,Liberty Plaza prior to Developer transferring title to Outlots A and B for light rail line and station improvements. For the period of time parking is allowed on Outlot A, such parking shall be limited to personal vehicles only. Further Developer shall install sidewalk extensions, pedestrian curb ramps and crosswalk pavement markings and signs in locations deemed appropriate by the City. Developer acknowledges and agrees that any compensation paid at time of transfer of Outlots A and B for light rail line and station improvements shall be based on value as improved as of August 18,2015 as a surface parking lot. Developer agrees that no compensation shall be paid by any public entity, including but not limited to the City, Hennepin County,Metropolitan Council and Hennepin County Regional Railroad Authority,on account of severance damages including the need to construct a parking deck construction to replace parking displaced from Outlots A and B, by a light rail transit line and/or station. Developer represents it has granted to no third party, including any tenant of the Property, any rights to compensation in the event of a taking by negotiation or eminent domain of Outlots A and or B. Developer shall not grant to any third party or tenant any right or interest in the Outlots A and/or B that creates any such right to compensation. Nothing herein shall be construed to restrict Developer from transferring any rights Developer may have to compensation to any purchaser or mortgagee of all or any portion of the Property. 3. Paragraph 11 is amended in its entirety as follows: 11. PROOF OF PARKING PLAN: Developer and City acknowledge that the 221 proof of parking spaces proposed for the Lot 1, Block 2, Liberty Plaza, depicted in Exhibit C-1 dated August 10, 2015 and that said spaces are not required to be constructed at this time. At such time as the City Planner, determines pursuant to the City Code that it is necessary for all or a portion of the proof of parking spaces to be constructed in order to accommodate the use of the Lot 1, Block 2, Liberty Plaza, the City Planner shall notify the Developer in writing of the need to construct additional proof of parking spaces. This notification shall include the number, location and timetable for construction of the additional proof-of-parking spaces. Developer shall comply with all requirements contained in the City Planners notification. 4. Paragraph 18 is amended in its entirety as follows: 18. WEST 70TH STREET IMPROVEMENTS; The West 70th Street Improvements (hereinafter the "West 70th Project") include extending West 70th Street west from its existing termini to Flying Cloud Drive. The West 70th Street Project includes pedestrian facilities on both sides of West 70th Street and streetscaping. The Developer agrees to the following regarding the West th 70 Project: • The City will remove all parking necessary to complete construction of the West 70th Street project concurrent with its construction. Construction of the project is scheduled to begin in August or September, 2015. The City's construction schedule anticipates that substantial completion of the West 70th Street Improvements will occur on or around November 1, 2015. • Further development of the plans for West 70th Street has identified right-of-way needs in addition to those dedicated on the final plat. The Developer shall be responsible for conveying by permanent easement, at no cost to the City, additional right-of-way necessary for the minor adjustments to accommodate final design for the West 70th Street Project depicted on attached Exhibit D-1 at such time as required by the City to construct the West 70th Street Project; and City shall initiate a right-of- way vacation process, at no cost to Developer, for that portion of the existing road way no longer deemed necessary by the City for the West 70th Street Project subject to retaining utility and drainage easements or obtaining replacement utility and drainage easements. The area presently contemplated for the right-of-way vacation process is approximately identified on Exhibit D-1 and labeled as the "proposed vacated right-of-way." The"proposed vacated right-of-way"as shown on Exhibit D- 1 is subject to such reasonable adjustments by City to accomplish the construction of West 70th Street. In addition, the Developer shall grant to the City, at no cost, temporary construction easements necessary in City's judgment to construct the West 70th Street Project with such temporary easements to be of reasonable scope and for a reasonable term. Developer's access across the temporary easement area shall be addressed in the temporary easement document. The Developer shall provide recordable permanent easement documents and temporary easement documents as required by the City within 30 days of request. 5. Developer agrees to and reaffirms all of the terms and conditions and accepts the obligations of"Developer"under the Development Agreement,except as inconsistent with or amended by this Supplement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By Nancy Tyra Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2015, by Nancy Tyra Lukens and Rick Getschow,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public LIBERTY PROPERTY LIMITED PARTNERSHIP By Liberty Property Trust Its: Sole General Partner By: Name: Title: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20I 5, by ,the of Liberty Property Trust,a Maryland real estate investment trust,the sole general partner of Liberty Property Limited Partnership, a Pennsylvania limited partnership, on behalf of said partnership. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 56585896_2.doc EXHIBIT A-1 LEGAL DESCRIPTION LIBERTY PLAZA Legal Description: Lot 1 Blockl, Lot 1, Block 2, and Outlots, A and B, Liberty Plaza, according to the plat thereof, Hennepin County, Minnesota. EXHIBIT B-1 LIBERTY PLAT EXHIBIT C-1 PROOF OF PARKING PLAN -, I p.�\\N\W rt 111. :ci, /.. .. , _...,. 11 �+ 11 ,+, ':44.:^I 1 = /1I111111110 I llil•Ilfflillk r ' �� .+ II II 13 `11111��I�L ply ,■7 - — c - iii y '1,� jI(I1111N+ilIII1�li+itl7 11.-'1 CO11110 liH+ FL17NG cLO bR - - _ I � 1tl15 Flying cloud Drive —•�'• 1 EXHIBIT D-1 (Page 1 of 2) : 11 f,‘, , ' ?) folirel 1.I , wi,::----'"'--S.\\ t a T -- _1— If fl+ff e; rWEST 70TH STREET * ;` f . „atef`=_:itt?.404 7 n.� ire ter_; '_'!! t her �•,, i igcc �,y1t 1 j 1 U jt j 0,-J r f jr ' i ft:0 „: ___ t 6 'rr jj! x P r[o excur 2 � ® mtst[o r.0 x rer VI i t rti iiisritt�c viwcici16 1.122.283 sr Mae,uw[t I 4 PRWO"sioeriwixwr itsiiEt�i ero'sei s,,IN,ncrzci ...„,t...., mgRIpMof Way Acquisition —t Weat79thSeeet Parcalt maotn City M Eden PralAe EXHIBIT D-1 (Page 2 of 2) PxoPMEo o,x-3=.tvg%wREo--, ,_______ PPmnscx oP...:n"ecsrIEUTIiIiIY E Eicrinr s s iP oL,.c �Y ®PPOPMEO RIOxr OF ioh r/A• �Pxovvsco oxAlxAcc i uilLin[As[xcx* ;rA L II „• / ( . Ii .t . Rri :i i ' fi ali 1 ` 1 e"zs` / f--1 x R 1.L e' 4E + ie iR !!f' , 1 e ; 'A ' T. v11 ' N r e p° Jt, h a i. �� - e 1! }„ WEST 70TH LSLTREET - 1::::::::::::":_..._, --_____g EI Rig. y \\a West70f Street ulaltlon �a•••ww.— Weot7dlh Street PirciI 2 431pr Gtyol Eden P,OIo CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 18, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Resolution Granting Renewal of Development/Planning Communications Facilities License Agreement Janet Jeremiah/Steve Durham with Verizon for the Baker Road Water Tank Requested Action Move to: Adopt the Resolution granting renewal of the communications facilities license agreement with Verizon for the Baker Road Water Tank. Synopsis A renegotiated lease with a continued 5% annual rent increase has been agreed upon by Verizon. This annual increase is consistent with the present lease terms. The lease is for 5 year period with a one-time renew for 5 years. The total lease agreement is for 10 years. Background The City entered into a Lease Agreement with Verizon Wireless on September 15, 1994. The term of lease agreement was for 20 years. The lease expired on September 15, 2014. The City entered a 1 year lease extension, as requested by Verizon, to allow Verizon time to explore other lease options in the area. Verizon has concluded a renewal of the lease at this site is the option they choose to pursue. The Director of Public Works recommends approval of the extension of the lease agreement. Attachments • Resolution • Lease Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- A RESOLUTION GRANTING A RENEWAL FOR A COMMUNICATION FACILITIES LICENSE AGREEMENT AT THE BAKER ROAD WATER TANK WHEREAS, Verizon Wireless has an existing License Agreement with the City for placement of communication antennae on the Baker Road Water Tank dated September 15, 1994 and amended by Amendment No. 1 to License Agreement dated September 2, 2014 referenced by Grantee as Contract#NG 11039, which License Agreement is expiring. WHEREAS,Verizon has requested a new license agreement to replace the expiring agreement. WHEREAS, The City of Eden Prairie and Verizon Wireless have agreed to terms for a new Communication Facilities License Agreement at the Baker Road Water Tank for a term of five (5) years beginning on September 1, 2015, with an option to extend the Agreement for one (1) additional five (5) year term. WHEREAS, the City Council has reviewed said request at a public meeting on August 18, 2015. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that the new Communication Facilities License Agreement between the City of Eden Prairie and Verizon Wireless with a commencement date September 1, 2015 is approved and the Mayor and City Manager are authorized to execute the Amendment. ADOPTED by the City Council of the City of Eden Prairie this 18th day of August, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name:MIN Ashton COMMUNICATION FACILITIES LICENSE AGREEMENT Baker Water Tower This Communication Facilities License Agreement ("Agreement") is between the City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, Minnesota, 55344, a Minnesota municipal corporation, hereinafter referred to as "Grantor," and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AW 100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter referred to as "Grantee." Grantor and Grantee are referred to collectively herein as (the "Parties"). RECITALS: A. Grantor is the owner of certain real property located in Hennepin County, State of Minnesota, and more particularly described in Exhibit A attached hereto (the "Land") on which is situated a water tower (the "Water Tower"). Grantor is the Grantee of a certain easement over Lot 1, Block 1, Crosstown Racquet Club, more fully described in Exhibit A hereto (the "Easement"). The Land, Water Tower, and Easement are hereinafter called the "Property". B. Grantee desires a non-exclusive license to use portions of the Property as described herein for the purpose of constructing, operating, and maintaining a communications facility("Facility"). C. Grantor and Grantee are parties to a License Agreement dated September 15, 1994, as amended by Amendment No. 1 to License Agreement dated September 2, 2014 referenced by Grantee as Contract #NG 11039 (collectively, the "Terminated Agreement"). NOW, THEREFORE, the Parties agree as follows: 1. Grant of License. Grantor grants to Grantee a license for the use of the Property for the period, uses, and consideration in accordance with all of the terms, covenants, conditions and provisions contained herein. 2. Term. The term of the license granted hereby shall be for a period of five years (the "Term"), commencing on September 1, 2015 (the "Commencement Date"). As of the Commencement Date, Grantor and Grantee agree that this Agreement replaces the Terminated Agreement. Grantor and Grantee acknowledge that notwithstanding the termination of the Terminated Agreement and the commencement of this Agreement, Grantee may have made and may continue to make, and the Grantor may continue to receive, rental and other payments pursuant to the Terminated Agreement. In such event, any rental or other payments made pursuant to the Terminated Agreement for any period COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name:MIN Ashton after its termination shall be applied and credited against any rentals or other payments due under this Agreement. 3. Consideration. Grantee shall pay or provide to Grantor the following: (a) Annual license fees in the following amounts to be paid in equal monthly installments: Year 1 (2015-2016) $ 31,837.00 Year 2 (2016-2017) $ 33,429.00 Year 3 (2017-2018) $ 35,100.00 Year 4 (2018 - 2019) $ 36,855.00 Year 5 (2019- 2020) $ 38,698.00 commencing on or before the first day on which the Term commences and on or before the first day of each month thereafter during the Term and any Extended Term as provided hereafter. (b) Eighty and no/100 Dollars ($80.00) per occurrence to Grantor to reimburse Grantor for its costs incurred by its personnel unlocking the gate to the Water Tower to enable Grantee's designee access to its facility. Access fees will be charged for each Grantee or designee requested appointment even if Grantee or designee misses the appointment. This amount shall be increased each year commencing after year one (1) by five percent (5%). Grantor shall invoice Grantee at the following address: Verizon Wireless Network Real Estate, 10801 Bush Lake Road, Bloomington, MN 55438, for all such costs. Grantee shall pay all such invoices within thirty (30) days of receipt. If Grantee fails to pay any such invoice when due, interest shall begin to accrue on the amount due at a rate of 10% per annum and shall continue to accrue until the amount due is paid in full. (c) As additional consideration for the license granted to Grantee hereunder, Grantor may occupy a 111 square feet portion of the Equipment Structure (more particularly described in Exhibit C attached hereto). Grantor may continue to connect its radio and other equipment to the emergency battery and generator equipment installed by Grantee in the Equipment Structure. 4. Grantee's Use. Grantee may use the following parts of the Property for the following uses, and the construction, maintenance, repair and replacement of the following (all of which are hereafter referred to and are encompassed by the term ("Facility"): (a) Not more than fifteen (15) cellular and link antennas and necessary connecting wave-guide and appurtenances on the Water Tower as more particularly described in Exhibit B attached hereto. COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name:MIN Ashton (b) A structure consisting of approximately 615 square feet erected on the Property as described in Exhibit C attached hereto ("Equipment Structure") to house and contain Grantee's radio transmission, computer equipment and emergency battery and generator equipment. (c) Utility wires, cables, conduits and pipes underground within that part of the Property described in Exhibit C attached hereto. (d) Grantee shall have the right to ingress and egress 24 hours each day, seven (7) days a week, on foot or motor vehicle on and over that part of the Property from and to Baker Road, as described in Exhibit C for the purpose of inspecting, maintaining and repairing its Facility and related equipment, provided however, Grantor shall have the right to require Grantee to exercise its rights of ingress and egress on and over a different part of the Property or other Property as may be provided by or through Grantor. All such access shall be subject to the City's "Facility Access Procedures for Telecommunications", as may be amended from time to time by the City, attached hereto in its current form as Exhibit E. Except to the extent caused by others, Grantee shall be solely responsible, and liable to Grantor, for damage to Grantor's property caused by or attributable to Grantee. (e) A separately metered connection to the commercial electric transformer located on the Property, provided sufficient capacity above that required for Grantor's use is available now or in the future. Grantee's Facility shall be installed at Grantee's expense and shall be maintained in a reasonable condition and secured by Grantee. Grantee shall ensure that its use of the Property is consistent with all local, state and federal laws, ordinances and regulations. If there is a conflict among the regulations they shall govern with the following priority: first federal laws, then state laws, and then local laws. A more restrictive regulation is not a conflict unless preempted. 5. Non-Exclusive License. Grantee's license to use those portions of Grantor's Property described herein is non-exclusive and Grantor shall have the right to use its Property and to authorize others to do so as Grantor, in its sole discretion, may determine. In the event that the use of the Property by others to whom Grantor may authorize such use constitutes an unreasonable or harmful interference with Grantee's use of the Property, Grantee may give notice to Grantor of such interference. If the interference is not corrected within thirty (30) days after the giving of such notice, Grantee may terminate this agreement upon notice to Grantor. 6. Utilities and Taxes. Grantee will be responsible for installation and payment of all utilities required by its use of the Property. Grantee shall pay all special assessments, and personal property and/or real estate taxes levied by any taxing authority, against or upon the Facility or the Property as a result of the installation and use of the Facility and the use of the Property by Grantee. Grantor will provide to Grantee a copy of any notice of taxes or special assessments imposed upon the Facility or Property as a result of the COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name:MIN Ashton Facility or use of the Property by Grantee, which Grantor may receive from any taxing authority. (Subject to any and all limitations imposed by law, Grantee may contest, at its own expense, any such taxes or assessments.) 7. Maintenance. All costs for maintenance of the Property and Facility including but not limited to painting or other maintenance of the Water Tower, that result from Grantee's use of the Property, shall be paid promptly to Grantor by Grantee upon Grantor's demand. Grantee shall remove its Facility from the Water Tower within 30 days of written notice from Grantor that the Facility needs to be removed for maintenance of the Water Tower. Grantee may install a temporary mobile communications facility on the Land during the maintenance period. The removal and subsequent replacement shall be at Grantee's sole cost. 8. Ownership of Facility. During the Term of this Agreement and any Extended Term, ownership of the Facility will remain in the Grantee. Upon termination of this Agreement for any reason, including expiration of the Term or an Extended Term, the Facility shall become the property of Grantor, except (a) the transmitting, receiving, antennae switching equipment and cabinets commonly associated with wireless telephone service, and (b)those portions of the Facility which Grantor notifies Grantee of Grantor's desire to have removed. Grantee shall, not more than sixty (60) days from the termination of this Agreement or the effective date of notice, whichever is later, remove those portions of the Facility which Grantor has notified Grantee that Grantor wishes removed and shall restore the Property from which they have been removed to its condition at the commencement of the Term. 9. Advances in Technology. As technology advances and improved antennas are developed which are routinely used by Grantee in Grantee's business, Grantor may require in its sole discretion the replacement of the existing antennas with any improved antennas then being used by Grantee in the Minneapolis — St. Paul Metropolitan Area if new antennas are more aesthetically pleasing or otherwise foster a public purpose, as long as the installation and use of improved antennas is economically and technically feasible. In addition, if Grantee seeks to install or use equipment in addition to the specific equipment identified in this Agreement, it must first obtain prior written consent from Grantor. Notwithstanding the foregoing, maintenance, repairs, like-kind replacements of equipment and modifications which occur within the interior of any shelters or base station equipment, shall not require the prior consent of the Grantor. 10. Defense and Indemnification. (a) General. Grantee shall defend, indemnify, and hold Grantor harmless against any claim of liability or loss from personal injury,property damage or liens resulting from or arising out of the use and occupancy of the Property, and the installation and/or removal of the Facility by the Grantee, its officers, employee or agents, including reasonable attorneys' fees and costs,provided such injury to persons or COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name:MIN Ashton damage to Property are not due to the sole negligence, willful acts or omissions of Grantor, its officers, employees or agents. (b) Hazardous Materials. Without limiting the scope of Subparagraph 10 (a) above, except to the extent caused by others, Grantee will be solely responsible for and will defend, indemnify, and hold Grantor, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Property resulting from Grantee's use of Hazardous Materials. For purposes of this Agreement, "Hazardous Materials" shall mean: Any toxic or hazardous substances or wastes,pollutants or contaminants(including,without limitation, asbestos,urea formaldehyde,the group of organic compounds known as polychlorinated biphenyls,petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980,42 U.S.C. §9601-9657, as amended). (c) Grantee's Warranty. Grantee represents and warrants that its use of the Property will not generate and Grantee will not store or dispose of on the Property, nor transport to or over the Property, any Hazardous Materials. Grantor and Grantee acknowledge that Grantee shall be utilizing and maintaining on the Property sealed batteries, propane, HVAC system, and a halon/FM200 fire suppression system and that the use and maintenance of such items shall not constitute a violation or breach of the preceding sentences of this paragraph. In the event that Grantee wants to install a diesel or natural gas generator to replace the propane generator, Grantee must obtain Grantor's prior written consent. 11. Insurance. (a) General Commercial Liability. Grantee shall maintain an occurrence form comprehensive general liability insurance coverage. Such coverage shall include, but not be limited to, bodily injury, property damage — third party, and personal injury, for the hazards of Premises/operation, contractual, independent contractors, and products/completed operations. The policy shall have coverage limits of at least $5,000,000 for any one occurrence of property damage and $5,000,000 per person and per occurrence for personal injury or death. (b) Property. Grantee shall keep in force during the Term and any Extended Term a policy covering damages to its Facility at the Property. The amount of coverage shall be sufficient to provide for replacement of the damaged Facility, damages resulting from loss of use, and shall comply with any ordinance, statutory, or legal requirements. (c) Workers Compensation. Grantee shall maintain worker's compensation insurance required by law. COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name:MIN Ashton (d) Additional Requirements. The insurance policies noted in this Section 11 shall be issued by a company(rated A- or better by Best Insurance Guide) licensed to do business in the State of Minnesota, and shall name the Grantor as an additional insured. The policies shall specify that the coverage will be the primary and noncontributory. The policies shall also insure the indemnification obligation(s) contained in Section 10. A copy of the Grantee's insurance declaration page(s), Rider(s), or Endorsement(s), ("Proof of Insurance") as applicable,which evidences the existence of this insurance coverage naming the Grantor as an additional insured must be provided to the Grantor before Grantee, or any party acting on Grantee's behalf or at Grantee's behest, enters the Property for the purpose of construction or placing any Facility or related material on the property. Any policy that is cancelled or non-renewed shall be replaced with insurance meeting the requirements set forth herein in a manner that ensures that no gap occurs in coverage. Grantee shall provide current certificates of insurance any time there is a change in coverage and such certificates shall show that no gap in coverage occurred. 12. Temporary Interruptions of Service. When Grantor determines that continued operation of Grantee's Facility would cause or contribute to an immediate threat to the public health and/or safety (including maintenance and operating personnel), Grantor may, without prior notice to Grantee, cause discontinuance of operation of Grantee's Facility or may order Grantee to discontinue its operation. Discontinuance of Grantee's operation shall include but shall not be limited to, shutting down the transmission of electromagnetic waves or impulses to or from the Facility. Grantee shall immediately comply with such an order. Operations shall be discontinued only for the period that the immediate threat exists. If prior notice is not given to Grantee, Grantor shall notify Grantee as soon as possible after its action and give its reason for taking action. Grantor shall not be liable to Grantee or any other Party for any interruption in Grantee's service or interference with Grantee's operation of its Facility. If the discontinuance shall extend for a period greater than three days, either consecutively or cumulatively, Grantee shall have the right to terminate this Agreement within its sole discretion without any prior notice. Notwithstanding anything to the contrary in this Agreement, Grantor acknowledges and agrees that the FCC is the only party that has jurisdiction over the health effects and permissible exposure levels of wireless communications facilities. 13. Interference with the Property. Grantee shall not interfere with Grantor's use of the Property, or use by others to whom Grantor has granted the use of the Property, and, except for as provided in Paragraph 14 with respect to interference with communications, agrees to cease all such actions which interfere with the use thereof by Grantor or others no later than three (3) business days after receipt of written notice of the interference from Grantor. If the interference cannot be eliminated within three (3) days after Grantee has received written notice, either Grantor or Grantee may at its option terminate this Agreement immediately provided Grantee shall have such extended period as may be required beyond the three (3) days if the nature of the cure is such that it reasonably COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name:MIN Ashton requires more than three (3) days and Grantee commences the cure within the three (3) day period and thereafter continuously and diligently pursues the cure to completion. 14. Interference with Communications. Grantee's use and operation of its Facility shall not interfere with the use and operation of other communication facilities now or hereafter installed on the Water Tower, whether owned by Grantor or another. If Grantee's Facility causes interference, Grantee shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within forty-eight(48) hours after receiving Grantor's written notice of the interference, Grantee shall immediately cease operating its Facility and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within thirty (30) days after Grantee has received Grantor's written notice, Grantor may at its option terminate this Agreement immediately. 15. Additional Covenants. Grantee shall: (a) use natural gas or propane (and shall not use gasoline or diesel fuel) for energy to power an engine to operate a generator to be installed on the Property, if any; (b) not use any process or method in the installation, maintenance, or removal of any Facility upon the Water Tower by means of welding, cutting tool, or other device which could damage the Property or Grantor's Water Tower, including its interior and exterior paint (if any) or any equipment attached thereto; (c) protect the Water Tower from damage or harm in the event of the repair or maintenance of the Water Tower or other facilities of Grantor; (d) not, without Grantor's consent, remove, cut, or trim any trees or other vegetation on the Property; and (e) replace significant trees (as defined in Eden Prairie City Code) lost or reasonably anticipated to be lost as a result of construction of the Facility upon the Property in accordance with the provisions of Eden Prairie City Code Section 11.55. 16. Default. The following shall constitute an event of default by Grantee ("Grantee's Default"): (a) Grantee's failure to make prompt payment of fees and other amounts due within fifteen(15) days after they become due. (b) Grantee's failure to comply with Grantee's obligations contained in Section 5, 12, 13, and 14 of this Agreement. (c) Grantee's failure to observe or perform any other covenant or condition contained in this Agreement within thirty (30) days after written notice to Grantee specifying such failure and requiring Grantee to remedy the same. (d) The adjudication of Grantee as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Grantee under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof, or the appointment by such a court of a trustee or receiver or receivers of Grantee or of all or any substantial part of its property upon the application of any creditor in any COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name:MIN Ashton insolvency or bankruptcy proceeding or other creditor's suit in each case, the order or decree remains unstayed and in effect for ninety(90) days. (e) The filing by Grantee of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Grantee; or the filing by Grantee of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Grantee of a petition to take advantage of any debtor's act. 17. Remedies. Upon Grantee's Default, Grantor shall be entitled to terminate this Agreement as provided herein, obtain an order for specific performance, recover damages, and/or obtain any other remedy available at law or in equity. The exercise of one or more of such remedies by Grantor shall not be deemed an election or waiver of the right to exercise any other remedy. 18. No Duty to Repair - Termination. Grantor shall have no duty or obligation to maintain, repair, restore, replace or modify the Water Tower, the Property, or any of Grantor's facilities, fixtures, personal property or improvements located thereon or therein. In addition to Grantor's right to terminate this Agreement pursuant to Section 17 hereof, Grantor shall have, and reserves, the right in its sole discretion to terminate this Agreement upon at least ninety (90) days written notice, if, in Grantor's sole judgment, Grantor shall: (a) convey or transfer to another Grantor's Property or Water Tower. (b) discontinue its use of the Grantor's Water Tower. (c) determines, after consultation with a licensed structural engineer that the Water Tower is structurally unsound for use, for any reason including but not limited to considerations related to the age of the structure, damage to or destruction of all or part of the Water Tower or the Property from any source, or factors relating to the condition of the Facility or Property. Grantee shall have the right to terminate this Agreement upon at least one hundred eighty (180) days written notice if Grantee determines that the Property or Facility are unnecessary or inappropriate for Grantee's operations for economic or technological reasons. Upon termination of this Agreement pursuant to Grantor's or Grantee's right to terminate this Agreement as provided herein or upon expiration of the Term or any Extended Term, the Parties' obligations under this Agreement shall cease, except Grantee's obligations with respect to Sections 6, 7, 8, 10, and 11 of this Agreement and to make payment of any amounts to which Grantor is entitled at such time. Termination shall not relieve COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name:MIN Ashton Grantee of any liability by way of damages to which Grantor may be entitled upon Grantee's Default hereunder. 19. Extended Term. This Agreement and any license granted hereby shall automatically renew for one (1) additional five (5) year term ("Extended Term") upon the terms and conditions herein unless the Grantee notifies the Grantor in writing of its intention not to renew this Agreement at least six (6) months prior to the expiration of the existing Term. The annual license fees for the Extended Term to be paid in equal monthly installments are as follows: Year 6 (2020-2021) $ 40,633.00 Year 7 (2021 - 2022) $ 42,665.00 Year 8 (2022 - 2023) $ 44,798.00 Year 9 (2023 - 2024) $ 47,038.00 Year 10 (2024 - 2025) $ 49,390.00 20. No Representation or Warranty— Conditional Grant. Grantor makes no representation or warranty regarding the condition of its title to the Property or its right to grant to Grantee use or occupation thereof under this Agreement. The license granted herein is "as is." Grantee is entering into this Agreement and Grantee's use of the Property is subject to Grantee's own investigation and acceptance. Grantee's rights granted pursuant to this Agreement are subject and subordinate to all limitations, restrictions, and encumbrances relating to Grantor's interest in the Land that may affect or limit Grantor's right to grant those rights to Grantee. 21. Entire Agreement. This Agreement contains all agreements, promises and understandings between Grantor and Grantee and no verbal or oral agreements, promises, or understandings shall or will be binding upon either Grantor or Grantee in any dispute, controversy, or proceeding at law, and any addition, variation, or modification to this Agreement shall be void and ineffective unless it is in writing and signed by the parties hereto. 22. Choice of Law. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of Minnesota. 23. Assignment. This Agreement may not be sold, assigned, or transferred at any time by Grantee without the prior written consent of Grantor. 24. Notices. Any notice required or permitted to be given by any Party upon the other is given in accordance with this Agreement if it is directed to Grantor by delivering it personally to the Manager of Grantor; or if it is directed to Grantee, by delivering it personally to Real Estate Department of Grantee; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name:MIN Ashton If to Grantor: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn: City Manager With a copy to: Richard F. Rosow Eden Prairie City Attorney 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402-4337 If to Grantee: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster,New Jersey 07921 Attention: Network Real Estate Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response to any notice by the other Party shall commence to run one business day after such deposit. 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. 25. Limitation of Liability. Notwithstanding anything to the contrary in this Agreement, in no event will either party be liable to the other party for, or indemnify the other party against, punitive damages. 26. Condemnation. If the whole Land shall be taken by any public authority under the power of eminent domain, or is sold to any entity having the power of eminent domain under threat of condemnation, then Grantee may terminate the term of this Agreement as of the date of the granting of the position or the date of the closing and the license fees shall be paid up to that day. If a portion of the Property is taken by eminent domain, Grantee shall have the right to terminate this Agreement by giving written notice thereof to Grantor within ninety (90) days after the date of taking. If a portion of the Property is taken by eminent domain, and this Agreement is not thereafter terminated, Grantee shall continue in the possession of the remainder of the Property under the terms herein provided, and the annual license fees shall remain fully due and payable as set forth herein. Provided, however, that in the event a portion of the Property is taken by eminent domain and this Agreement is not thereafter terminated, Grantor shall at its own expense, restore the Property, exclusive of any improvements or other changes made to the Property by the Grantee, to as near the condition which existed immediately prior to the date of taking as reasonably possible, and the license fees shall abate during such period of time as the Property is untenable. COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name:MIN Ashton Any award, compensation, or damages, shall be paid to and be the sole property of the Grantor, but nothing herein shall preclude Grantee from claiming against the condemning authority with respect to moving expenses and loss of personal property and any other recoverable damages (but not for the loss of the leasehold/license interest) and receiving an award therefor. 27. Additional Facility. (a) Grantee acknowledges that Grantor has sole discretion to make additional improvements on the Property, whether or not such improvements affect Grantee's Facility. (b) Grantee acknowledges that Grantor may permit 3th parties to construct additional improvements on the Property. At such time as this may occur, Grantee will permit said improvements to be placed immediately adjacent to Grantee's Facility as long as the improvements do not materially interfere with Grantee's use of the Property. Said attachments will be made at no cost to Grantee, and Grantor will require that the owner of such attachments assure both Grantor and Grantee that the attachments will not compromise the structural integrity of Grantee's Facilities. 28. Successors and Assigns. All of the terms, covenants, obligations and conditions herein shall be binding upon and inure to the benefit of the successors in interest, heirs, and assigns of the Parties hereto. 29. Recording of Memorandum. The parties shall execute and either shall be permitted to record at any time the Memorandum of Agreement attached hereto as Exhibit E. If this Agreement is terminated prior to expiration of its Term, or an Extended Term, Grantee shall record and appropriate instrument to clear the memorandum from the title to the Land. 30. Waiver. No provision of this Agreement will be deemed waived by either Party unless expressly waived in writing by the waiving Party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either Party of any provisions of this Agreement shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. 31. Counterparts. This Agreement may be signed in counterparts by the Parties hereto. 32. Severability. In any term of the Agreement is found to be void or invalid, such finding shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. [Signature Page Follows] COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name:MIN Ashton COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name:MIN Ashton IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year written below. GRANTOR CITY OF EDEN PRAIRIE Date: , 2015 By: Its: Mayor By: Its: Manager Taxpayer I.D. #41-0855460 GRANTEE Verizon Wireless (VAW) LLC d/b/a Verizon Wireless Date: , 2015 By: Aaron Glass Its: Regional Network Executive Director COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name:MIN Ashton GRANTOR ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015, by and , respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public GRANTEE ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 2015, before me, the undersigned, a Notary Public in and for the State of Minnesota, duly commissioned and sworn, personally appeared Aaron Glass, to me known to be the Regional Network Executive Director of Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Print or Type Name: Notary Public in and for the State of Minnesota My appointment expires: COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name:MIN Ashton LIST OF EXHIBITS Exhibit A LEGAL DESCRIPTION OF THE LAND AND EASEMENT Exhibit B PERMITTED ANTENNAE Exhibit C PLANS AND SPECIFICATIONS Exhibit D MEMORANDUM OF AGREEMENT Exhibit E FACILITY ACCESS PROCEDURES FOR TELECOMMUNICATION COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name:MIN Ashton EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Land: Outlot A, Crosstown Racquet Club, according to the recorded plat thereof, Hennepin County, Minnesota. Easement: A 25.00 foot easement for ingress and egress purposes over Lot 1, Block 1, Crosstown Racquet Club, according to the recorded plat thereof: The centerline of said easement is described as follows: Commencing at the southwest corner of said Lot 1, thence North 3 degrees 32 minutes 22 seconds West along the west line of said Lot 1 a distance of 41.59 feet to the beginning of the centerline to be described; thence South 89 degrees 49 minutes 43 seconds East a distance of 263.05 feet; thence North 3 degrees 32 minutes 22 seconds West a distance of 251.04 feet; thence North 86 degrees 27 minutes 38 seconds East a distance of 43.68 feet to the East line of said Lot 1 and said centerline there terminating, Hennepin County, Minnesota. COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name:MIN Ashton EXHIBIT B PERMITTED ANTENNAE Plans and specifications stamp dated 07-11/14 COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name: MIN Ashton EXHIBIT C (Page 1 of 2) SITE PLAN \\ • cam:�- cum • ,. . / \ f ' , . 11'1 . . " 41111P. ) .. •• Cif% Cld•� • 1 +e,ct�T G,Ty �4P I' 'SE Pl► W� VE�.:�7,PK°t• 4DCs To 1*.gC Ea (101 Yob gAPai1 • t GtY"f • 1 Pit , i [11 ....' 1 . .- 0 6,• ,t,p4.\ , ._ ..uto vAt.vet ° - ma. GIN44.11. ) 1 / .. Y �' / \ 'TO litra.duktt4 c ' , / ultra TuReeo • 'I.GNST..1.1 M tTS .3 • • ' 0470,51014 0344T17.O1... COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name: MIN Ashton EXHIBIT C (Page 2 of 2) • • - 4A29/ \ . I ). .1, . 1 la 11 i. I : • li I C� facrsT yua �. tO 71- ' ( 5 L►1}r41h145 8 a)1 i \ k. -�PIC.i.i.'�i1.LOC�.Ta�S N 'Q I , . \ t'il ' 12‘th . \ • 1 6 FIFf•e;:ff...i..*:;';I'z (at it‘l 0 t--..—:-.. a •;-- griggc\ e tri 7..,..x_e_Litipi.e.e '0+ \ '� 0 r �• --) ' COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name:MIN Ashton EXHIBIT D MEMORANDUM OF AGREEMENT THIS MEMORANDUM evidences that an Agreement was made and is hereby entered into by written Agreement effective the day of , 2015, between the City of Eden Prairie ("Grantor") whose address is as set forth below and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, with its address for notice located at 180 Washington Valley Road, Bedminster, New Jersey 07921 ("Grantee"), the terms and conditions of which are incorporated herein by reference. Such an Agreement provides, in part, that Grantor, for valuable consideration, will License to Grantee a part of that certain property owned by Grantor and described in Exhibit A attached hereto and incorporated herein for a term of five (5) years commencing on the September 15, 2015, which term is subject to one additional five (5) year option term. IN WITNESS WHEREFOR, the parties have executed this Memorandum of Agreement this day of , 2015. GRANTOR: GRANTEE: City of Eden Prairie Verizon Wireless (VAW) LLC 8080 Mitchell Road d/b/a Verizon Wireless Eden Prairie, MN 55344 By: By: Its: Mayor Its: Subscribed and sworn to before me Subscribed and sworn to before me this day of , 2015. this day of , 2015. Signature of Notary Signature of Notary Notary Public of Hennepin County Notary Public of County My Commission expires My Commission expires COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name:MIN Ashton EXHIBIT A TO THE MEMORANDUM OF AGREEMENT Land: Outlot A, Crosstown Racquet Club, according to the recorded plat thereof, Hennepin County, Minnesota. Easement: A 25.00 foot easement for ingress and egress purposes over Lot 1, Block 1, Crosstown Racquet Club, according to the recorded plat thereof: The centerline of said easement is described as follows: Commencing at the southwest corner of said Lot 1, thence North 3 degrees 32 minutes 22 seconds West along the west line of said Lot 1 a distance of 41.59 feet to the beginning of the centerline to be described; thence South 89 degrees 49 minutes 43 seconds East a distance of 263.05 feet; thence North 3 degrees 32 minutes 22 seconds West a distance of 251.04 feet; thence North 86 degrees 27 minutes 38 seconds East a distance of 43.68 feet to the East line of said Lot 1 and said centerline there terminating, Hennepin County, Minnesota. COMMUNICATION FACILITIES LICENSE AGREEMENT: Baker Water Tower Grantee Site Name:MIN Ashton EXHIBIT E FACILITY ACCESS PROCEDURES FOR TELECOMMUNICATION City of Eden Prairie Facility Access Procedures for Telecommunications 1. General. Security of city-owned facilities, including Public Water and Wastewater facilities, is considered critical in the Department of Homeland Security's National Response Framework, and as such, require enhanced emphasis for physical security protective measures. Similarly, Minnesota Department of Health requires locked and controlled access to remote water storage facilities to minimize intrusion by unauthorized personnel. 2. Notice. The parent telecommunications company shall provide the City with notice at least 48 hours prior to accessing any city-owned facility, except in the event of a service interruption or equipment failure. The notice shall be provided on a form approved by the City. The information shall include but not be limited to the identity of the entity and individual accessing the property and their contact information; the purpose for the access; the dates and hours of access; and proof of the required insurance. In the event of a service interruption or equipment failure, the parent telecommunications company need not provide 48 hours' notice but shall provide the City with as much written or telephonic notice as possible based on the circumstances. 3. Identification. All persons desiring to access a city-owned facility for the purposes of conducting work related to the telecommunications equipment shall carry on their person photo identification naming them as an agent of the parent telecommunications company. The identification must match the information provided by the parent telecommunications company in the notice required above. In addition, all persons seeking access must possess an official government-issued identification card, which will be documented upon entering the facility. Persons lacking either form of identification shall be denied access. 4. Access Fees. Except as specifically agreed to in the Communication Facilities License Agreement, the following Access Fees shall be imposed: An access fee of$80.00 shall be charged upon each access to a city-owned facility. The City of Eden Prairie will document each access request and submit an invoice to the parent telecommunications company for payment. Invoices may be consolidated if multiple access requests are made within a span of 30 days. The parent telecommunications company must provide an administrative mailing address to process these invoices as well as an office telephone number and email address. Access fees will be charged for each appointment regardless of whether anyone arrives or is granted access. The parent telecommunications company shall pay all invoices to the City of Eden Prairie within 60 days of receipt regardless of who performs the work. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 18, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILD. Leslie Stovring Hennepin County Residential Recycling Public Works/Engineering Grant Amendment Requested Action Move to: Adopt Resolution approving Amendment No. 1 to Residential Recycling Grant Agreement A120104 with Hennepin County. Synopsis The City of Eden Prairie submits an annual report to Hennepin County. This information is used to determine the amount of recycling grant funds distributed to the City. The majority of these funds are distributed to residents as a rebate on their utility bills. Hennepin County has requested a Resolution in order to amend the Recycling Grant to extend the expiration date from December 31, 2015 to December 31, 2016. A copy of the Resolution must be on file with Hennepin County prior to distribution of the Recycling Grant funds to the City. Background Information Hennepin County has requested that the City amend their recycling grant agreement for one year. In addition, the amendment incorporates the ability for the county to expend grant funds on organics recycling. The amendment is requested as Hennepin County is in the process of updating their Solid Waste Management Master Plan. The updated Plan will include new policies to enable expansion of their recycling and solid waste management program by focusing on organics recycling. In addition they are evaluating ways to standardize collection methods, expand recycling opportunities and support market development for recyclable materials. The amendment will allow the county and cities time to review the new Plan and determine how the new goals will need to be incorporated into the city's program for recycling and solid waste management. The grant funds are distributed to cities to manage their recycling program. As the City has an open hauling system, the majority of the funds are distributed to residents who are able to recycle individually. Residents who have communal recycling bins (such as the dumpster-sized containers at apartments) do not qualify for the rebate. Remaining funds are used for the cleanup day and to administer education programs on recycling. Attachments • Grant Agreement • Recycling Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015-79 RESOLUTION AUTHORIZING AMENDMENT TO THE RESIDENTIAL RECYCLING GRANT AGREEMENT WITH HENNEPIN COUNTY WHEREAS, pursuant to Minnesota Statute 115A.552, Counties shall ensure that residents have an opportunity to recycle; and WHEREAS, Hennepin County Ordinance 13 requires that each city implement and maintain a recycling program; and WHEREAS, the Hennepin County Board adopted a resolution to amend the Hennepin County Residential Recycling Funding Policy to incorporate requirements to expend additional SCORE funds on organics recycling, and extend the contract period of the Residential Recycling Funding Policy from December 31, 2015 to December 31, 2016; and WHEREAS, in order to receive grant funds, the City must sign the agreement; and WHEREAS,the City wishes to receive these grant funds each year. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that the City Council accepts the agreement as proposed. BE IT FURTHER RESOLVED, that the City Council authorizes the Mayor, City Manager or his/her designee to execute such Residential Recycling Grant Agreement with the County. ADOPTED by the Eden Prairie City Council on August 18, 2015. Nancy Tyra-Lukens, Mayor SEAL ATTEST: Kathleen Porta, City Clerk Hennepin County Department of Environment and Energy Hennepin 701 Fourth Avenue South, Suite 700 612-348-3777 REDUCE.REUSE.RECYCLE Minneapolis, Minnesota 55415-1842 612-348-8532 & 612-348-6510 Faxes 612-348-6500 Facility INFO Line www.hennepin.us/recycling July 17, 2015 Ms. Leslie Stovring CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, MN 55344-2230 Ms. Stovring: This year the County has $3.7m in SCORE funds available to award to cities for their recycling and organics programs. The Residential Recycling Funding Policy sets the terms and conditions for awarding those funds. On June 16, 2015 the County Board adopted a resolution to amend the Residential Recycling Funding Policy. The following changes were approved: • Extend the contract period from December 31, 2015 to December 31, 2016 • Incorporate state requirements to expend additional SCORE funds on organics recycling The legislature dedicated additional funds to SCORE last year. As a result, the County has $813,764 more in SCORE funds in 2015 and will have approximately $600,000 more in 2016. Per state statute, 50 percent of the additional funds must be spent on organics. Enclosed are two originals of the Amendment to Agreement A 120104 between Hennepin County and the CITY OF EDEN PRAIRIE. I have enclosed a copy of the revised Residential Recycling Funding Policy as Attachment A. Please have both originals signed by an authorized official. Mail the signed originals to me along with a resolution that confirms the City's approval of the amendment and confirms the signatory's delegation of authority. A sample resolution is enclosed as an example. When I receive the signed originals and the authorizing resolution, I will forward them to county administration and the County Board for final signatures. One of the originals will be mailed to you. Recycling funds will be distributed as they have in the past. I will send out an application for organics funds in August. The application will ask cities to report the number of households that are receiving organics service as of September 1, 2015. The application will also request a description of how funds will be used. If you have any questions or comments, please contact me by email at ben.knudson@hennepin.us or by phone at 612-596-1176. Sincerely, Ben Knudson Enclosures—3 An Equal Opportunity Employer Recycled Paper AMENDMENT NO. 1 TO AGREEMENT A120104 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, Minneapolis, Minnesota 55415-1600("DEPARTMENT") and the CITY OF EDEN PRAIRIE, 8080 Mitchell Road,Eden Prairie,Minnesota 55344-2230("CITY"). WHEREAS,the COUNTY and the CITY entered into a four-year Residential Recycling Grant Agreement, Contract No. A120104 ("Agreement"), for a residential recycling grant commencing on January 1, 2012; and WHEREAS, the County Board, by Resolution No. 15-0216 adopted on June 16, 2015, amended the Hennepin County Residential Recycling Funding Policy to incorporate requirements to expend additional SCORE funds on organics recycling, extended the period from December 31,2015 to December 31, 2016, and authorized grant funding for municipal recycling programs consistent with said policy; and WHEREAS, the parties desire to amend the Agreement to extend the term and incorporate other changes; NOW, THEREFORE,the parties agree that Agreement A120104 is amended as follows: 1. Paragraph a. of Section 1, TERM AND COST OF THE AGREEMENT, shall be amended to read as follows: This Agreement shall commence upon execution and terminate on December 31, 2016. 2. Section 2, SERVICES TO BE PROVIDED, shall be amended to read as follows: The CITY shall operate its recycling program in accordance with the requirements described in the County's Residential Recycling Funding Policy ("Policy"), attached as Attachment A and incorporated by this reference, and fulfill the responsibilities of the Policy. 3. Section 3, METHOD OF PAYMENT, shall be amended to read as follows: The COUNTY will distribute SCORE funds as described in the Policy. The CITY shall follow the requirements for use of funds described in the Policy. Except as amended, the terms, conditions and provisions of this Agreement shall remain in full force and effect. COUNTY BOARD AUTHORIZATION Reviewed by the County Attorney's COUNTY OF HENNEPIN Office STATE OF MINNESOTA By: Assistant County Attorney Chair of Its County Board Date: ATTEST: Deputy/Clerk of County Board Date: By: David Hough, County Administrator Date: By: Assistant County Administrator, Public Works Recommended for Approval Date: By: Director, Environment and Energy Department Date: MUNICIPALITY CITY warrants that the person who executed this Agreement is authorized to do so on behalf of CITY as required by applicable articles, bylaws, resolutions or ordinances.* Printed Name: Signed: Title: Date: *CONTRACTOR shall submit applicable documentation(articles,bylaws,resolutions or ordinances)that confirms the signatory's delegation of authority. This documentation shall be submitted at the time CONTRACTOR returns the Agreement to the COUNTY. Documentation is not required for a sole proprietorship. Attach Hennepin County Residential Recycling FundingPolicy January 1 , 2012 - December 31 , 2016 Hennepin Public Works Environment and Energy Department Adopted November 29, 2011, Revised June 16, 2015 4 I. Policy Description The Hennepin County Board of Commissioners determined that curbside collection of recyclables from Hennepin County residents is an effective strategy to reduce reliance on landfills,prevent pollution,reduce the toxicity of waste, conserve natural resources and energy, improve public health, support the economy,and reduce greenhouse gases. Therefore,the county adopted the goals established by the Minnesota Pollution Control Agency (MPCA) in its Metropolitan Solid Waste Management Policy Plan and developed a Residential Recycling Funding Policy to help reach a 75%recycling rate by 2030. The county will distribute all Select Committee on Recycling and the Environment(SCORE) funds received from the state to cities for curbside collection of residential recyclables, including organics. If cities form a joints powers organization responsible for managing a comprehensive recycling and waste education system for the residents of those cities,the county will distribute a recycling grant to that organization. Cities are expected to fulfill the conditions of the policy. Length of Residential Recycling Funding Policy Hennepin County is committed to implement this policy and continue distributing all SCORE funds received from the state for the purpose of funding curbside residential recycling programs from January 1,2012 through December 31,2016. The county may revise this policy if it determines changes are needed to assure compliance with state law and MPCA goals established for metropolitan counties. In the event that SCORE funds are eliminated from the state budget or significantly reduced,the county will consult with cities to develop a subsequent recommendation for the county board that will continue this policy and fund curbside recycling programs. Fund Distribution The county will distribute to the cities one hundred percent(100%) of SCORE funds that the county receives from the state. SCORE funds are based on revenue collected by the State of Minnesota from the solid waste management (SWM) tax on garbage services. SCORE funds are subject to change based on actual S WM revenue and the funds allocated by the State Legislature. Funds distributed to cities for the current calendar year will be based on SCORE funds received by the county in the state's corresponding fiscal year. In 2014 the State Legislature allocated additional funds to SCORE in 2015 and 2016. Beginning in fiscal year 2015 and continuing thereafter,of any money distributed that exceeds the amount the county received in fiscal year 2014, 50 percent must be expended on organics recycling. 1 II. Recycling Allocation of Funds The following formula will be utilized to determine each city's recycling SCORE grant each year. #of households with curbside recycling in city X Total SCORE funds _ Recycling grant amount available for available to the city Total#of households with recycling curbside recycling in county Eligible households are defined as single family through eight-plex residential buildings or other residential buildings where each housing unit sets out refuse and recycling containers for curbside collection. The cities will determine the number of eligible households by counting the number of households with curbside recycling service on January 1 of each funding year. The number will be reported in the application for funding. The total SCORE grant available for recycling will equal the 2014 base year amount plus 50 percent of additional SCORE funds. If the total SCORE funds are less than the 2014 base year, 100 percent of those funds will be available for recycling. The grant can be used for recycling program expenses including capital and operating costs. Expenses associated with residential collection of organics are eligible recycling program expenses. However, yard waste expenses are ineligible.If organics and yard waste are commingled, the organics expenses must be tracked separately. Responsibilities of Cites A. Grant Agreement Each city seeking funding under the terms of the Residential Recycling Funding Policy must enter into a Residential Recycling Grant Agreement with the county for a term concurrent with the expiration of this policy, December 31,2016. The grant agreement must be accompanied by a resolution authorizing the city to enter into such an agreement. B. Application for Funding Each city must complete an annual application by February 15 to receive funding for that year. The application consists of the Re-TRAC web-based report and a planning document submitted to the county describing the programs or activities the applicant will implement to increase recycling and make progress toward recycling goals. C. Minimum Program Performance Requirements 2 1. Collection of Recyclables. Cities that contract for curbside recycling services will require a breakout of the following expenses when renewing or soliciting bids for new recycling services: a) containers—if provided by the hauler b) collection service c) processing cost per ton d) revenue sharing 2. Materials to be Collected. At a minimum,the following materials must be collected curbside: a) Newspaper and inserts; b) Cardboard boxes; c) Glass food and beverage containers; d) Metal food and beverage cans; e) All plastic containers and lids,#1 —Polyethylene Terephthalate (PET,PETE),#2 High Density Polyethylene (HDPE),#3—Vinyl Polyvinyl Chloride(PVC), #4— Low Density Polyethylene (LDPE)and#5—Polypropylene (PP)plastic bottles,except those that previously contained hazardous materials or motor oil; f) Magazines and catalogs; g) Cereal,cracker,pasta,cake mix, shoe,gift,and electronics boxes; h) Boxes from toothpaste, medications and other toiletries; i) Aseptic and gable-topped containers; and j) Mail,office and school papers. The county may add materials to this list and require cities to begin collection within one year of receiving notification from the county. Cities will notify the county if materials not found on this list will be collected. 3. Collection Methods. Cities must use one of the following systems to collect materials at the curb: a) single sort system - all materials combined in one container; or b) dual sort system - glass, metal and plastic together with paper separate If one of these two systems is not in place,the city must submit a plan with its application for converting to a single or dual sort system by December 31,2016. If the municipality is unable to meet this deadline, an alternative implementation schedule must be negotiated with the county. 4. Education and Outreach. a) County Responsibilities 3 1 kk 1) Coordinate meetings of the communications committee,which will be composed of county, cities, and other stakeholders. 2) Produce education material templates and print the template materials for cities. Materials will also be available online to download. 3) Provide a minimum of eight promotional resources that will include a 'k newsletter article, a web story, social media posts, and printed promotional materials for municipalities on a variety of waste reduction,reuse, recycling, and proper disposal messages. 4) Develop an annual priority message campaign. The campaign will be one main message to promote throughout the year; for example"recycle magazines."The message and the materials will be developed with the communications committee. The county will provide templates and be responsible for primary distribution of the campaign through direct mail, advertising, or public relations. The cities will be required to support the campaign through their communication channels. b) City Requirements 1) Use county terminology when describing recycling guidelines(i.e. description of materials accepted and not accepted,preparation guidelines, etc.). 2) Use images provided by the county or the Solid Waste Management Coordinating Board, if using images of recyclables. 3) Use the county's terminology,preparation guidelines and images on the city's website. 4) Mail a recycling guide once a year to residents using a template developed by the communications committee and produced and printed by the county at the county's expense. If a municipality does not want to use the template produced by the county,the municipality may develop its own guide at the municipality's expense, with prior approval by the county. If the city relies on its hauler to provide the recycling guide,this guide would also require approval by the county. 5) Complete two additional education activities from a menu of options developed by the communications committee to support the priority message campaign. Any print material that communicates residential recycling guidelines that were not provided by the county template will require county approval. This does not apply to waste reduction and reuse, articles on recycling that do not include guidelines, and social media posts. The county will respond within five business days to any communication piece submitted. 4 5. Use of Funds. a) The city must use all grant funds for waste reduction and recycling capital and operating expenses in the year granted. Cities will not be reimbursed any funds in excess of actual expenses. b) The city may not charge its residents through property tax,utility fees or any other method for that portion of the costs of its recycling program funded by county grant funds. c) The city must establish a separate accounting mechanism, such as a project number, activity number, or fund that will separate recycling revenues and expenditures from other municipal activities, including solid waste and yard waste activities. d) Recycling and waste reduction activities,revenues, and expenditures are subject to audit. e) Cites that do not contract for curbside recycling services will receive grant funds provided that at least ninety percent(90%)of the grant funds are credited back to residents and the city meets all minimum program requirements. The additional ten percent(10%)may be used for administrative and promotional expenses. 6. Reporting Requirements. a) Each city must submit an annual recycling report to the county electronically using the Re-TRAC web-based reporting system by February 15 of each year.If a city is unable to access Re-TRAC,the county must be contacted by February 1 to make arrangements for alternative filing of the report. b) Each city must calculate its participation rate in the curbside recycling program during the month of October. The participation rate will be reported in Re-TRAC. The methodology for measuring participation must be provided to the county upon request. c) Each city must submit an annual planning document to the county describing the programs or activities the applicant will implement to increase recycling and make progress toward county goals. 7. Recycling Performance. On an annual basis, each city must demonstrate a reasonable effort to maintain and increase the average amount of recyclables collected from its residential recycling program to at least 725 pounds per household or a minimum recovery rate of 80%, by December 31,2015. The goal remains the same for December 31, 2016. An alternative performance option for cities with organized waste collection is to validate at least a 35% recycling rate.To ensure the accuracy of data for these metrics,cities will be required,upon request,to provide documentation on the methodology used to calculate performance. To the extent practicable, the results should rely on actual data rather than estimates. Failure by a city to demonstrate measureable progress toward goals will result in the city being required to submit a recycling improvement plan within 90 days of being notified by the county. The recycling improvement plan must be negotiated with the county and specify the efforts that will be undertaken to yield the results necessary to achieve the goals. The plan shall focus on the following areas: type of container, sort method,materials collected, 5 frequency of collection,education and outreach,performance measurement,and incentives. Funding will be withheld until the city's recycling improvement plan is approved by the county. In cooperation with the county,the city may be required to participate in waste and recycling sorts to identify recovery levels of various recyclables in their communities. Based on the results of the study,the county and city will collaborate to increase the recovery of select recyclable materials being discarded in significant quantities. D. Partnership The partnership between the county and cities has been highly effective in educating and motivating behavior of residents resulting in significant amounts of waste being reduced and recycled. In order to continue this partnership and increase these efforts,program activities of cities must be coordinated with county and regional efforts.Cites are responsible for cooperating with the county in an effort to reach the county's goals for recycling and organics recovery. Quarterly recycling coordinator meetings are an opportunity to share resources and facilitate the coordination of efforts. Responsibilities of Hennepin County A. Application Form The county will provide an application form by December that each city will use to report on its recycling program and request grant funding for the next year. B.Payments The county will make grant payments to each city in two equal payments. One payment will be made after the county receives the application, which will consist of the Re-TRAC report and the planning document. A second payment will be made after the report has been approved, measurable progress toward the goals has been confirmed, and, if necessary, a recycling improvement plan has been approved by the county. If the city meets the county requirements, both payments will be made during the same calendar year. 6 III. Organics Recycling Allocation of Funds The following formula will be used to determine a city's organics grant each year. Number of households with curbside organics in city Total SCORE funds Organics grant x available for = amount available to Total number of households with organics the city curbside organics in county The total SCORE funds available for organics recycling will equal 50 percent of the additional SCORE revenue allocated by the State Legislature. If the total SCORE funding is less than the 2014 base year, no funds will be available for organics recycling. Application for Funds To apply for funds, a city must submit the number of eligible households that signed up for organics to the county by September 1 of each funding year. Use of Funds The grant funds may be used for organics program expenses,including the following: • Contract cost of service (to the city or its residents) • Discount to new customers • Carts • Compostable bags • Kitchen containers • Education and outreach Program administration is an ineligible expense. Yard waste expenses are ineligible expenses. If organics and yard waste are collected together, the organics expenses must be tracked separately. If the city passes funds through to a hauler, 100% of those funds must be credited to households' bills. In addition,the following requirements apply: • All grant funds must be used during the term of the agreement. Funds not spent must be returned to the county. • Funds must be expended on eligible activities per Minnesota State Statute 115A.557. • A city may not charge its residents through property tax, utility fees or any other method for that portion of the costs of its organics program funded by county grant funds. • Cities must able to account for organics expenditures separately upon request by the county. Expenditures are subject to audit. 7 Education and Outreach The partnership between the county and cities has been highly effective in educating and motivating the behavior of residents, resulting in significant amounts of waste being reduced and recycled. In order to continue this partnership with organics recycling,the county encourages cities to coordinate program activities with county and regional efforts. The county will work with cities to provide assistance with the following: • Standard terminology and images • Organics recycling guide(yes-no list) • Promotional resources to increase participation Reporting A report on the city's organics program must be submitted electronically to the county by February 15 following each funding year. The report must include, but is not limited to, the following: Basic Program Information: • Hauler • Collection method • Where organics are delivered to and processed at • Is service opt-in or opt-out • Cost of service to residents and contract cost to the city • How the service is billed • Items included in service: curbside collection, cart, compostable bags,etc. Results • Tons • Number of households signed up • Average pounds per household per year • Participation(set-out rate on pickup day) • How funds were used 8 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 18, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Paul Schlueter Approve Professional Services Agreement Fleet Services for MOSS Cold Storage Building Project Requested Action Move to: Approve Professional Services Agreement with DSO Architecture, Inc. for architectural and design services related to the Maintenance Outdoor Storage Site Cold Storage Building construction project for a cost not-to-exceed $39,100. Synopsis The City of Eden Prairie's approved Capital Improvement Plan for 2016 includes a project to construct a Cold Storage Building(Project# 00-5519) at the City's Maintenance Outdoor Storage Site (MOSS). The budget for this project is $755,000. The first step of this project is to hire a design professional to assist with the planning, design and development of construction documents for bidding the project and to provide design and oversight services during construction. City staff have solicited proposals from three design firms and is recommending award of the contract to the low quote firm, DSO Architecture, Inc. for an amount not- to-exceed$39,100. Background Information DSO Architecture, Inc. is a Minnesota corporation located at 15703 Boulder Creek Drive, Minnetonka MN. Its chief executive officer is Daniel S. O'Brien. Daniel O'Brien has previously provided architectural and design services for City projects and staff has been satisfied with his previous performance. Attachment Standard Agreement Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 18th day of August , 2015 between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _DSO Architecture, Inc., a Minnesota Corporation (hereinafter "Consultant") whose business address is 15703 Boulder Creek Drive, Minnetonka MN 55345_. 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 _Design and Engineering Services for the MOSS Cold Storage Building Project_ 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 ( DSO Architecture, Inc. revised Proposal dated August 05, 2015 ) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from August 18, 2015 through _October 31, 2016 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 $39,100.00 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 Daniel O'Brien 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 FIRM NAME: By: Its: Standard Agreement for Professional Services 2014.04 Page 8 of 8 EXHIBIT A ds August 05, 2015 (2nd Revision) i Mr. Paul Schlueter City of Eden Prairie A --CI-I U R E Fleet Services Manager 15703 Boulder Creek Drive 15150 Technology Drive Minnetonka,MN 55345 Eden Prairie, MN 55344 (612)242-0593 o,scosarch.com Dear Paul: I'm pleased to submit this revised proposal for architectural and engineering services for your proposed MOSS Cold Storage Building on the former Flying Cloud Drive In site. I have made minor adjustments to your proposed scope of work, indicated in red below. Revisions are italicized and blue. MOSS Cold Storage Building Architectural Scope of Work • Conduct and document one (1) user group planning/programing meeting • Review and update Master Plan • Present program summary to user group • Order and coordinate any required site survey and/or soil testing • Survey is included in the proposal • Provide Design Development drawings, specifications and construction cost estimate • Meet with City Staff to determine submittal requirements • Prepare,provide and present design and site plan review to City of Eden Prairie Planning Commission • Prepare,provide and present site plan review for approval to Watershed District if required(this is not required if we disturb less than 1 acre) • Prepare,provide and present design and site plan review for City Council review and final approval (possibly two (2)meetings) • Prepare final construction drawings and specifications for bidding including architectural, mechanical, electrical, civil, structural and fire protection drawings and specifications (note: fire protection will be scope defining schematic only) • Conduct one (1)pre-bid meeting • Review and tabulate contractor bids and present bid award recommendation to City Council for approval • Prepare required construction contracts? (City specified contract& General Conditions) • Provide and document a minimum of three (3) construction site observations during construction • Review and approve contactor pay applications • Perform a substantial completion inspection and punchlist General Project Information Project includes the design and construction of a single level un-heated storage building for vehicles and equipment. The building will have a minimum of two (2) 14' high garage doors with a clear interior height of 18'.Assumed design will be tip up precast wall panels with long span steel roofframing. The floor of the building will be reinforced concrete. Exterior of building designed to meet City Architectural Standards for General Industrial construction. Minimum building size will be 80' X 125' (10,000 Sq. Ft)(Additional square footage desired if budget can support) Construction budget$700,000.00 Fee—Basic Services outlined above: Architecture (DSO Architecture,Inc.) $13,000.00 Partial site survey (2.5 acres +/-) (Duffy Engineering) $3,300.00 Civil Engineering(Duffy Engineering) $5,900.00 Landscape Design(HTPO) $4,000.00 Structural Engineering (Duffy Engineering) $4,500.00 Ventilating/Fire Protection Scope (Duffy Engineering) $2,300.00 Electrical Lighting and Power(Duffy Engineering) $4,000.00 Total Basic Services: $37,000.00 plus customary reimbursable expenses (printing and document delivery charges) Additional Services: Survey entire site (Duff+Engineering) add $1,600.00 Site work permitting (i.e. watershed approval) (Duffy Engineering) $500.00 Other services outside scope defined above will be billed hourly. Terms: Services will be billed monthly on the first of the month for the percentage of work completed. Approximately 40% of the fee is devoted to the design and approval process, 50%to Construction documents and 10%to bidding and services during construction. Sincerely, Daniel S. O'Brien President DSO Architecture CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 18, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 15-5902 ITEM NO.: VIII.F. Mary Krause Adopt Resolution Awarding Construction Public Works/Engineering Contract for Pioneer Trail Turn Lane Improvements at Green Acres to New Look Contracting, Inc. Requested Action Move to: Adopt resolution awarding the construction contract for the Pioneer Trail Turn Lane Improvements at Green Acres to New Look Contracting, Inc.in the amount of$122,273. Synopsis Bids were received on Thursday, August 6, 2015, for the Pioneer Trail Turn Lane Improvements at Green Acres. Five bids were received and are summarized in the attached Consultant Recommendation Letter. The low total bid in the amount of$122,273 exceeds the Engineers Estimate. The higher bid prices are due to higher costs of concrete work due to high demand for concrete subcontractors. Staff has reviewed the bid along with the recommendation from Westwood Professional Services and recommends awarding the contract for the project to New Look Contracting, Inc. in the amount of$122,273. Background Information This project will provide improved access from Pioneer Trail to the Green Acres Event Center. Parking lot and drainage improvements for Green Acres have recently been completed. The construction of the turn lane improvements will complete site improvements. The project is anticipated to start shortly and be substantially complete by the end of October. Project Cost Summary The project will be fully funded through a special assessment agreement with Green Acres. Attachments • Recommendation Letter • Bid Tabulation • Resolution 1599 Anagram Drive Eden Prairie,MN 55344 West �Vv rood Main (952)937-5150 Fax (952)937-582.2 westwoodps.com (888)937-5150 August 10,2015 Ms.Mary Krause Senior Project Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Pioneer Trail Turn Lane Improvements—Review of Bids and Recommendation for Award Improvement Contract#15-5902 File R0005806 Dear Ms.Krause; The bid documents received for the referenced project have been reviewed following the public bid opening on August 6,2015. Five bids were received. The names of the bidders and the amounts of their bids are listed below. New Look Contracting,Inc. $122,273.00 Max Steininger,Inc. $126,810.92 Thomas and Sons Construction,Inc. $135,106.50 Bituminous Roadways,Inc. $147,338.36 G.F.Jedlicki,Inc. $164,221.00* *Note that the bid from Jedlicki was read as$164,222.00 at the opening. The amount on the bid form,as confirmed by the bid review and tabulation is$164,221.00 The bid documents have been reviewed and the math in the bid forms checked confirming the bid amounts listed above. Note that all the bid amounts exceeded the engineers estimate amount of$101,280.00. The bids exceed the estimate primarily due to the prices bid for the concrete work(curb and gutter,driveway and walk). I have been informed that recently bidders are having difficulty finding concrete subcontractors with available capacity to perform work and as a result bids for concrete work have risen. A copy of the bid tabulation is enclosed. Based upon my review and analysis of the bids,I recommend that the Pioneer Trail Turn Lane Improvements project,City Improvement Contract#15-5902 be awarded to the low bidder,New Look Contracting,Inc. Please contact me if you have any questions regarding this matter. Sincerely, WESTWOOD PROFESSIONAL SERVICES Patrick L.Carpenter,PE P Project Engineer Multi-Disciplined Surveying&Engineering TBPLS Firm No.10074302 westwoodps.com Tabulation of bids received on August 6,2015 Pioneer Trail Turn Lane Improvements City of Eden Prairie Improvement Contract it15-5902 New Look Contracting Max Steininger,Inc. Thomas&Sons Const.,Inc. Bituminous Roadways,Inc. G.F.Jedlicki,Inc. Engineer's estimate Item No. Item quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Mobilization 1 Lump sum $12,000.00 $12,000.00 $14,700.00 $14,700.00 $25,400.00 $25,400.00 $23,000.00 $23,000.00 $6,000.00 $6,000.00 $7,500.00 $7,500.00 2 Traffic Control 1 Lump sum $3,000.00 $3,000.00 $2,568.77 52,568.77 $3,200.00 $3,200.00 $6,000.00 $6,000.00 $12,000.00 $12,000.00 $10,000.00 $10,000.00 3 Sawcut bituminous pavement 500 LF $3.00 $1,500.00 $2.68 $1,340.00 $4.50 $2,250.00 $5.26 $2,630.00 $6.00 $3,000.00 $4.00 $2,000.00 4 Remove bituminous pavement 1000 SF $3.00 $3,000.00 $2.00 $2,000.00 $2.00 $2,000.00 $1.08 $1,080.00 $1.00 $1,000.00 $1.50 $1,500.00 5 Remove concrete curb and gutter 460 LF $6.50 $2,990.00 $10.25 $4,715.00 $5.50 $2,530.00 $7.54 $3,468.40 $5.00 $2,300.00 $6.00 $2,760.00 6 Remove concrete driveway 125 SF $4.00 $500.00 $3.50 $437.50 $5.00 $625.00 $3.20 $400.00 $2.00 $250.00 $2.00 $250.00 7 Silt fence 100 LF $5.00 $500.00 $5.35 $535.00 $5.00 $500.00 $5.26 $526.00 $5.00 $500.00 $5.00 $500.00 8 Bioroll 50 LF $6.50 $325.00 $5.35 $267.50 $2.00 $100.00 $5.26 $263.00 $8.00 $400.00 $10.00 $500.00 9 Storm inlet protection 10 Each $250.00 $2,500.00 $280.00 $2,800.00 $150.00 $1,500.00 $209.33 $2,093.30 $150.00 $1,500.00 $400.00 $4,000.00 10 Remove and relocate mailbox 1 Each $550.00 $550.00 $267.58 $267.58 $250.00 $250.00 $263.24 $263.24 $315.00 $315.00 $100.00 $100.00 11 Remove signs 1 Each $250.00 $250.00 $26.76 $26.76 $250.00 $250.00 $26.32 $26.32 $150.00 $150.00 $100.00 $100.00 12 Excavation(Plan quantity) 400 CV $25.00 $10,000.00 $32.25 $12,900.00 $25.00 $10,000.00 $31.07 $12,428.00 $32.00 $12,800.00 $25.00 $10,000.00 13 Connect to existing storm sewer structure 1 Each $750.00 $750.00 $2,349.35 $2,349.35 $2,000.00 $2,000.00 $2,300.00 $2,300.00 $500.00 $500.00 $2,000.00 $2,000.00 14 15"RCP,class 5 241 LF $40.00 $9,640.00 $34.25 $8,254.25 $80.00 $19,280.00 $42.12 $10,150.92 $42.00 $10,122.00 $45.00 $10,845.00 15 Inlet design F with casting 1 Each $2,500.00 $2,500.00 $3,746.12 $3,746.12 $2,800.00 $2,800.00 $3,685.36 $3,685.36 $3,000.00 $3,000.00 $2,000.00 $2,000.00 16 Inlet design G with casting 1 Each $2,250.00 $2,250.00 $3,746.12 $3,746.12 $2,650.00 $2,650.00 $3,685.36 $3,685.36 $3,000.00 $3,000.00 $2,000.00 $2,000.00 17 Remove exist storm casting,adjust structure,install new casting 1 Each $1,250.00 $1,250.00 $856.26 $856.26 $850.00 $850.00 $1,000.00 $1,000.00 $700.00 $700.00 $1,500.00 $1,500.00 18 Select granular borrow(14'thick)Compacted volume 210 CV $35.00 $7,350.00 $17.00 $3,570.00 $45.00 $9,450.00 $45.99 $9,657.90 $26.00 $5,460.00 $23.00 $4,830.00 19 Aggregate base,class 5,(8"thick-roadway)Compacted volume 120 CY $38.00 $4,560.00 $36.50 $4,380.00 $45.00 $5,400.00 $52.12 $6,254.40 $26.00 $3,120.00 $35.00 $4,200.00 20 Aggregate base,class 5,(4"thick-median)Compacted volume 9 CY $52.00 $468.00 $58.00 $522.00 $150.00 $1,350.00 $41.83 $326.47 $26.00 $234.00 $40.00 $360.00 21 Aggregate base,class 5,(6"thick-driveway)Compacte volume 5 CY $52.00 $260.00 $58.87 $294.35 $100.00 $500.00 $56.22 $281.10 $26.00 $130.00 $45.00 $225.00 22 B424 concrete curb and gutter 290 LF $37.50 $10,875.00 $34.79 $10,089.10 $23.00 $6,670.00 $35.88 $10,405.20 $52.00 $15,080.00 $14.00 $4,060.00 23 Concrete median nose 1 Each $580.00 $580.00 $535.16 $535.16 $545.00 $545.00 $526.48 $526.48 $1,400.00 $1,400.00 $1,000.00 $1,000.00 24 Concrete driveway(7") 220 SF $14.00 $3,080.00 $12.31 $2,708.20 $7.00 $1,540.00 $14.30 $3,146.00 $28.00 $6,160.00 $6.00 $1,320.00 25 Concrete walk(4"-median) 720 SF $11.50 $8,280.00 $10.44 $7,516.80 $6.00 $4,320.00 $11.16 $8,035.20 $9.50 $6,840.00 $4.00 $2,880.00 26 Bituminous non-wear course(4") 110 Ton $116.00 $12,760.00 $116.22 $12,784.20 $92.40 $10,164.00 $84.00 $9,240.00 $275.00 $30,250.00 $95.00 $10,450.00 27 Bituminous wear course 4" 110 Ton $128.00 $14,080.00 $127.84 $14,062.40 $103.40 $11,374.00 $94.00 $10,340.00 $275.00 $30,250.00 $105.00 $11,550.00 28 Bituminous tack coat 60 Gal $4.00 $240.00 $4.07 $244.20 $3.85 S231.00 $3.50 $210.00 $6.00 $360.00 $5.00 $300.00 29 Pavement arrow(left turn)-(ground in thermoplastic) 1 Each $785.00 $785.00 $1,761.55 $1,761.55 $742.50 $742.50 $700.00 $700.00 $800.00 $800.00 $300.00 $300.00 30 4"solid white line(ground in epoxy) 150 LF $6.50 $975.00 $13.96 $2,094.00 $5.90 $885.00 $6.00 $900.00 $4.00 $600.00 $2.00 $300.00 31 Relocate signs 3 Each $175.00 $525.00 $160.55 $481.65 $150.00 $450.00 $157.94 $473.82 $300.00 $900.00 $150.00 $450.00 32 Furnish and install sign 1 Each $350.00 $350.00 $321.10 $321.10 $500.00 $500.00 $315.89 $315.89 $900.00 $900.00 $300.00 $300.00 33 Topsoil(6") 1200 SF $2.00 $2,400.00 $1.50 $1,800.00 $2.00 $2,400.00 $2.81 $3,372.00 $1.00 $1,200.00 $0.50 $600.00 34 Turf establishment 1200 SF $1.00 $1,200.00 $1.78 $2,136.00 $2.00 $2,400.00 $8.42 $10,104.00 $2.50 $3,000.00 $0.50 $600.00 Total $122,273.00 Total $126,810.92 Total $135,106.50 Total $147,338.36 Total $164,221.00 Total $101,280.00 LF=linear feet SF=square feet Gal=gallon CY=cubic yards CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2015- RESOLUTION ACCEPTING BID FOR PIONEER TRAIL TURN LANE IMPROVEMENTS AT GREEN ACRES I.C. 15-5902 WHEREAS,pursuant to an advertisement for bids for the following improvement: I.C. 15-5902: Pioneer Trail Turn Lane Improvements at Green Acres bids were received, opened and tabulated according to law. Those bids received are shown on the attached Consultant Recommendation Letter; and WHEREAS,the City Engineer recommends award of Contract to New Look Contracting, Inc. as the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with New Look Contracting, Inc. in the name of the City of Eden Prairie, in the amount of $122,273.00, in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on August 18, 2015. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 18, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC# 07-5707 ITEM NO.: VIII.G. Alysen Nesse Approve a Grant Agreement with the Community Development Hennepin County Housing and Redevelopment Authority for the West 70th St. Extension Requested Action Move to: Approve a Grant Agreement with Hennepin County Housing and Redevelopment Authority for$470,000 to assist with costs related to the extension of West 70th Street project in the Golden Triangle Area of Eden Prairie. Synopsis The $470, 000 Hennepin County grant will help pay for Phase I construction of West 70th Street improvements between Flying Cloud Drive and Shady Oak Road in the Golden Triangle Area (GTA). Phase I of the West 70th Street extension project includes a new roadway segment with medians, bicycle lanes and streetscape improvements from Flying Cloud Drive east to the planned GTA LRT transit station. Background Information City Staff worked with SRF and area property owners on the design for West 70th Street. The phased project includes the extension of West 70th Street from its current terminus near the future LRT station west to Flying Cloud Drive, as well as a future upgrade and improvement to the eastern segment. Medians are proposed near Flying Cloud Drive, Shady Oak Road and at the future station to aid pedestrian crossings. Bike lanes, wide sidewalks, landscaping, pedestrian lighting and other streetscape improvements are also desired. Construction will begin fall of 2015. In the spring of 2015, Hennepin County made $2.2 million available to support transit-oriented development(TOD) Projects that reflect the geographic balance of Hennepin County and its transit ways, have a high likelihood of commencing construction in 2015, and are likely to spur additional TOD in their respective locations. Eden Prairie was awarded$470,000 from the program to assist in paying for the desired upgraded pedestrian, bicycle, and streetscape improvements for the West 70th Street extension. Attachment Grant Agreement Hennepin County Contract No. A153427 REDEVELOPMENT AGREEMENT FOR WEST 7OSTREET EXTENSION This Agreement is dated August , 2015 and is between the Hennepin County Housing and Redevelopment Authority, ("HCHRA"), 701 Fourth Avenue South, Suite 400, Minneapolis, MN 55415, and City of Eden Prairie, ("CITY"), 8080 Mitchell Road, Eden Prairie, MN 55344. WHEREAS, on February 27, 2015, CITY submitted an application("Application") to the HCHRA Transit-Oriented Development(TOD) Program for monetary assistance in completion of("the Project"); designing a new complete street that will connect the future Golden Triangle Station on the Green Line extension with Shady Oak Road and Flying Cloud Drive; located at West 70th Street between Flying Cloud Dr. and Shady Oak Rd, Eden Prairie, MN 55334 WHEREAS, on December 17, 1996 the City of Eden Prairie approved the redevelopment plan for Redevelopment Project No. 5 that applies to the Project area("Plan"); and WHEREAS, the Project fits within the goals of a multijurisdictional reinvestment program authorized under Minnesota Statutes §383B.79 ("Program"); and WHEREAS, the HCHRA has the authority to participate in the Project pursuant to Minnesota Statutes §§383B.79 and 469.001 to 469.047 and other applicable law; and WHEREAS,by Resolution No. 15-HCHRA-0013, approved on May 5, 2015,the HCHRA authorized an award of Four Hundred Seventy Thousand Dollars ($470,000.00)to DEVELOPER for the Project; and WHEREAS, the parties are authorized to enter into this agreement pursuant to Minnesota Statutes §§ 383B.77, 383B.79 and other applicable law; and WHEREAS, the HCHRA wishes to contract with the CITY for completion of eligible activities ("Eligible Activities"), more fully described in Attachment A, The Parties agree as follows: 1. Term and Cost of the Agreement. The CITY agrees to complete the Eligible Activities for the Project by December 31, 2017. The HCHRA agrees to contribute an amount not to exceed Four Hundred Seventy Thousand Dollars ($470,000.00)to DEVELOPER for reimbursement of the Eligible Activities. 2. Use of Funds. CITY shall use all funds received under this Agreement for completion of the Eligible Activities in accordance with the Application submitted by CITY to the HRA Form Redevelopment Agreement(10/13) HCHRA. CITY shall be solely responsible for securing all additional funds needed for completion of the Eligible Activities and the Project. 3. Construction Plans. The CITY shall submit Construction Plans to the HCHRA when plans are submitted to the City for building permit. The HCHRA will review the Construction Plans, including tangible Project Components, for consistency with the Application and, within fifteen business (15) days after the date of receipt, will notify the CITY in writing if the Construction Plans are rejected, and will specify the deficiencies. If no written notice is received by the CITY within fifteen business (15) days, the Construction Plans shall be deemed accepted. If the HCHRA rejects the Construction Plans, the CITY shall submit amended Construction Plans within thirty(30) days after the date of receipt of the written rejection. The HCHRA will review and approve or reject the amended Construction Plans as provided above. All work with respect to the PROJECT shall be done in conformity with all applicable federal, state and local laws and the Construction Plans as finally approved by the HCHRA. Approval of Construction Plans by the HCHRA is not intended nor shall it be construed to be a warranty or representation by the HCHRA as to the structural soundness of the proposed improvements, quality of materials, workmanship or the fitness of the improvements for their proposed use. Plan approval by the HCHRA shall not be unreasonably withheld. 4. Payment. Payment shall be made directly to the CITY upon the presentation of a claim in the manner provided by law governing the HCHRA's payment of claims and/or invoices. With prior HCHRA written approval,payment for the Eligible Activities may be issued directly to CITYS's escrow agent at closing, provided escrow agent releases funds after HCHRA's verification of completion of the Eligible Activities as guided by escrow agent's disbursement agreement as approved by HCHRA. The CITY shall submit timely invoices and proof of payment for construction related expenses on a form, Attachment B, furnished by the HCHRA. Invoices must provide clarity on the amount billed for the Eligible Activity and any sub-contractor engaged its procurement or installation. Proof of payment shall include copies of checks and/or lien waivers, as requested by HCHRA. Payment shall be made within forty-five (45) days from receipt of the invoice and proof of payment. 5. Independent Contractor. The CITY 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 co-partners between the parties or as constituting CITY as the agent, representative, or employee of the COUNTY or HCHRA for any purpose. The CITY is and shall remain an independent contractor for all services performed under this Agreement. The CITY shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel of the CITY or other persons while engaged in the performance of any work or services required by the CITY will have no contractual relationship with the COUNTY or HCHRA, and will not be considered employees of the COUNTY or HCHRA. The COUNTY or HCHRA 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 2 discrimination against the CITY, its officers, agents, contractors, 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 or HCHRA, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' compensation, unemployment compensation, disability, severance pay, and retirement benefits. 6. Non-Discrimination and Affirmative Action. In accordance with the COUNTY's policies against discrimination, the CITY 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 otherwise subjected to discrimination. The CITY will also comply with applicable local rules and regulations for affirmative action. Where federal, state, and/or local policies and requirements for affirmative action and equal employment opportunity differ, the most restrictive policies and requirements shall apply. However, the CITY shall provide any reports or other documentation required by each jurisdiction in order to demonstrate compliance with applicable laws, ordinances, and regulations. 7. Non-Discrimination Based on Disability. When and where applicable, the CITY shall comply with, and make best efforts to have its third party providers comply with, Public Law 101-336 Americans with Disabilities Act of 1990, Title I"Employment,"Title II "Public Services" - Subtitle A, and Title III "Public Accommodations and Services Operated by Private Entities" and all ensuing federal regulations implementing said Act. 8. Indemnification. The CITY agrees to defend, indemnify, and hold harmless the COUNTY, HCHRA, their 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 the CITY, 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 the CITY 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 the CITY personnel, the unlawful disclosure and/or use of protected data, or other noncompliance with the requirements of the Data Practices provisions set forth in Section 9 hereof. 9. Data Practices. The CITY, 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 3 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) and/or the Health Information Technology for Economic and Clinical Health Act(HITECH), adopted as part of the American Recovery and Reinvestment Act of 2009. The CITY acknowledges and agrees that 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 so. If the CITY creates, collects, receives, stores, uses, maintains or disseminates data because it performs functions of the COUNTY or HCHRA pursuant to this Agreement, then the CITY must comply with the requirements of the MGDPA as if it were a government entity, and may be held liable under the MGDPA for noncompliance. The CITY agrees to promptly notify the COUNTY or HCHRA if it becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. The terms of this section shall survive the cancellation or termination of this Agreement. 10. Records—Availability/Access. Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5 the CITY agrees that the COUNTY, HCHRA, 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 the CITY and involve transactions relating to this Agreement. The CITY shall maintain these materials and allow access during the period of the Agreement and for six (6) years after its expiration or cancellation. 11. 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 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. The express substantive legal terms contained in this Agreement including but not limited to the License, Payment Terms, Warranties, Indemnification and 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 or work, development specification or other development process or document. 12. Default and Cancellation/Termination. a. If the CITY 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 4 in default. Unless the CITY's default is excused by the HCHRA, the HCHRA 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 the HCHRA to delay payment until the CITY's compliance. In the event of a decision to withhold payment, the HCHRA shall furnish prior written notice to the CITY. b. If the CITY materially changes the project design for motor vehicle, pedestrian or bicycle, transit, parking, the number or affordability of housing units, or amount of commercial space, it shall be in default. The CITY must immediately notify the HCHRA in writing of any material change. Unless the CITY's default is excused by the HCHRA, the HCHRA may upon written notice immediately cancel this Agreement in its entirety. The HCHRA at its option, after sixty(60) days prior written notice to the CITY, may declare any payments made to the CITY to be due and payable in full. c. The HCHRA's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. d. This Agreement may be canceled/terminated with or without cause by the HCHRA upon thirty(30) days' written notice. e. Should the CITY fail to complete the Project, the HCHRA at its option, after sixty (60) days prior written notice to the CITY, may declare any payments made to the CITY to be due and payable in full. 13. Survival of Provisions. Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: INDEPENDENT CONTRACTOR; INDEMNIFICATION; DATA PRACTICES; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; and MINNESOTA LAW GOVERNS. 14. Contract Administration. In order to coordinate the services of the CITY with the activities of the HCHRA so as to accomplish the purposes of this Agreement, Simran Aryal shall manage this Agreement on behalf of the HCHRA and serve as liaison between the HCHRA and the CITY. 15. Notices. 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. Notice to the HCHRA shall be sent to the Deputy Executive Director with a copy sent to parties set forth in Section 14 at the address stated in the opening paragraph of the Agreement. Notice to the CITY shall be sent to the address stated in the opening paragraph of the Agreement or to the address stated in the CITY's Form W-9 5 provided to the HCHRA. 16. Reporting. The CITY must provide an Annual Report submitted electronically by July 1 of each year throughout the contract term, and also a Final Report at completion of the Project using the form provided as Attachment C. Attachment C has been provided to the CITY electronically as part of this Agreement. 17. Conflict of Interest. The CITY affirms that to the best of the CITY's knowledge, CITY'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. The CITY agrees that, should any conflict or potential conflict of interest become known to the CITY, the CITY will immediately notify the HCHRA of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and will advise the HCHRA whether the CITY will or will not resign from the other engagement or representation. 18. Displacement, Relocation, and Acquisition. The CITY shall take all reasonable steps to minimize displacement of persons as necessary for implementation of the Activities. The CITY shall conduct all such acquisitions in its name, or in the name of another eligible organization acceptable to the Authority, which shall hold title to all real property purchased. The CITY shall prepare all notices, appraisals, and documentation required in conducting acquisition under the latest applicable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, Section 104(d) of the Housing and Community Development Act of 1992, and provide all relocation notices, counseling, and services. 19. Recognition of Hennepin County. In recognition of HCHRA funding support, the CITY agrees to include the Hennepin County logo on project site signage and project website. If project signage references other government financing programs on the project sign, BORROWER shall include a reference that financing was provided in part by the Hennepin County Transit Oriented Development Program. 20. Assignment. This Agreement may not be assigned, pledged, or transferred without the prior written consent of the HCHRA. 21. 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. 6 THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 7 HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY STATE OF MINNESOTA Reviewed by the County Attorney's Office By: Chair of its Board By: Date: ATTEST: Deputy Clerk of County Board Date: By: Executive Director Date: Recommended for Approval: Deputy Executive Director Date: DEVELOPER warrants that the person who executed this Agreement is authorized to do so on behalf of DEVELOPER as required by applicable articles,bylaws, resolutions or ordinances.* By: Printed Name: Printed Title: Date: *CITY shall submit applicable documentation(articles,bylaws, resolutions or ordinances)that confirms the signatory's delegation of authority. This documentation shall be submitted at the time CITY returns the Agreement to the COUNTY. Documentation is not required for a sole proprietorship. 8 City of Eden Prairie West 70th Street Extension EDEN PRAIRIE ATTACHMENT A Eligible Activities Design of the project: Up to $117500.00 is reimbursable for eligible activities. Construction costs associated with streetscaping, sidewalks, bicycle infrastructure, storm water improvements, and pedestrian-scale lighting. Total $470,000.00 9 ATTACHMENT B Hennepin County Contract#A: Grant Termination Date: Date of Request: Reimbursement Request Number: Requested Amount: Time Period Covered: Project Name: Eligible Activities Per Contract Grant Total Previous Current Requests End Balance Requests Requests To Date Total Grantee: Grant Award: Project Manager: This Request: Title: Remaining Balance: Phone: HRA Form Redevelopment Agreement(10/13) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 18, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #14-5877 ITEM NO.: VIII.H. Randy Newton Adopt Resolution Awarding Construction Public Works/Engineering Contract for West 70th Street Extension Improvement Project to Meyer Contracting, Inc. Requested Action Move to: Adopt resolution awarding construction contract for I.C. 14-5877, West 70th Street Extension Improvement Project, to Meyer Contracting, Inc. Synopsis Sealed bids were received Thursday August 6, 2015 for this project. Four(4)bids were received and are summarized in the attached Consultant Recommendation Letter. The low total bid in the amount of$1,277,800.80 was submitted by Meyer Contracting, Inc. and is 25%below the Engineer's Estimate. Staff has reviewed the bids and recommends awarding the contract for the project to Meyer Contracting, Inc. in the amount of$1,277,800.80. Background Information The West 70th Street Extension Improvement Project constructs West 70th Street from its current terminus west to Flying Cloud Drive. It is the first phase of a multi-phase improvement to West 70th Street that includes the following Primary elements: • 2-lane roadway with turn lanes at its intersection with Flying Cloud Drive and Shady Oak Road. • Median islands at the eastern and western ends of the roadway and at the LRT crossing. • Wide sidewalk/trail facilities along both sides of the roadway. • Bike lane accommodations along the roadway. • High-Tech/Modern Streetscaping character that incudes street lighting, light columns, boulevard trees, planted medians, seating areas, and enhanced corner treatments. Financial Implications The current project cost estimate for the West 70th Street Extension is approximately$1.8 million. The project will be funded through Special Assessments and a Hennepin County Transit Oriented Development Grant. A Special Assessment Agreement for the project with Liberty Property Trust was obtained as a requirement of the Liberty Plaza Developer's Agreement. Attachments • Consultant Recommendation Letter • Bid Tab • Resolution PLA NERS DESIGNERS ,,i},ulling Group,Inc. August 11, 2015 SRF No. 8622 00120 Mr. Randy Newton,PE, PTOE Assistant City Engineer/Traffic Engineer CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie,MN 55344 SUBJECT: WEST 70TH STREET AWARD RECOMMENDATION—CITY PROJECT No. 14-5877 Dear Mr. Newton: Sealed bids were opened for the referenced project on Thursday,August 6,2015,at the Eden Prairie City Council Chambers, 8080 Mitchell Road. A total of four (4) bids were received. All bids have been reviewed, checked and tabulated. The bids are summarized below in order of value: CONTRACTOR TOTAL BID 1. Meyer Contracting,Inc. $1,277,800.80 2. GMH Asphalt Corporation $1,424,141.85 3. Bituminous Roadways,Inc. $1,457,656.98 4. Veit& Company, Inc. $1,481,228.40 Engineer's Estimate $1,706,482.00 We recommend the Contract be awarded to the apparent low bidder, Meyer Contracting, Inc., in the amount of$1,277,800.80. Please feel free to contact us with any questions or concerns regarding this project. Sincerely, SRF CONSULTING GROUP,INC. Zack Kartak, PE (MN) Associate ZK/jal Enclosure cc: Becky Krugerud, SRF Consulting Group,Inc. SRF.Vo13\H:\Projects\8622\_Correspondence\Letters\150810 AavardRecommendationLetter.docx www.srfconsulting.com One Carlson Parkway North,Suite 150 I Minneapolis,MN SS447.4443 1763,475.001❑ Fax:763,475.2429 An Equal Opportunity Employer BID SHEET WEST 70TH STREET PROJ.NO.CP 14-5877 BY:SRF CONSULTING GROUP,INC. TOTAL PROJECT ENGINEER'S ESTIMATE Meyer Contracting,Inc. GMH Asphalt Corporation BHuminous Roadways,Inc. Veit&Company,Inc. ITEM NO. ITEM DESCRIPTION UNIT QUANTITIES UNIT PRICE TOTAL AMOUNT UNIT PRICE TOTAL AMOUNT UNIT PRICE TOTAL AMOUNT UNIT PRICE TOTAL AMOUNT UNIT PRICE TOTAL AMOUNT 2021.501 MOBILIZATION LUMP SUM 1 $75,000.00 $75,000.00 $60,000.00 $60,000.00 $70,000.00 $70,000.00 $22,000.00 $22,000.00 $81,000.00 $81,000.00 2101.501 CLEARING ACRE 1.45 $5,000.00 $7,250.00 $2,250.00 $3,262.50 $3,000.00 $4,350.00 $4,200.00 $6,090.00 $3,000.00 $4,350.00 2101.506 GRUBBING ACRE 1.45 $5,000.00 $7,250.00 $2,250.00 $3,262.50 $3,000.00 $4,350.00 $3,200.00 $4,640.00 $3,000.00 $4,350.00 2102.501 PAVEMENT MARKING REMOVAL SO FT 20 $50.00 $1,000.00 $3.00 $60.00 $4.00 $80.00 $3.20 $84.00 $3.50 $70.00 2102.502 PAVEMENT MARKING REMOVAL LIN FT 310 $5.00 $1,550.00 $3.00 $930.00 $4.00 $1,240.00 $3.20 $992.00 $3.50 $1,085.00 2104.501 REMOVE SEWER PIPE(STORM) LIN FT 194 $20.00 $3,880.00 $17.00 $3,298.00 $12.00 $2,328.00 $7.00 $1,358.00 $16.00 $3,104.00 2104.501 REMOVE CURB 8 GUTTER LIN FT 2830 $4.00 $11,320.00 $2.10 $5,943.00 $4.25 $12,027.50 $4.00 $11,320.00 $3.60 $10,188.00 2104.501 REMOVE RETAINING WALL LIN FT 30 $30.00 $900.00 $8.30 $249.00 $10.00 $300.00 $25.00 $750.00 $21.00 $630.00 2104.503 REMOVE BITUMINOUS WALK SO FT 7270 $1.00 $7,270.00 $0.35 $2,544.50 $0.60 $4,362.00 $0.40 $2,908.00 $0.40 $2,908.00 2104.503 REMOVE CONCRETE WALK SO FT 210 $3.00 $630.00 $0.70 $147.00 $1.50 $315.00 $3.00 $630.00 $0.80 $168.00 2104.503 REMOVE CONCRETE MEDIAN SO FT 190 $10.00 $1,900.00 $0.85 $161.50 $4.50 $855.00 $5.20 $988.00 $0.90 $171.00 2104.505 REMOVE BITUMINOUS PAVEMENT SO YD 11330 $4.00 $45,320.00 $3.10 $35,123.00 $2.00 $22,660.00 $3.30 $37,389.00 $3.60 $40,788.00 2104.509 REMOVE POST EACH 2 $250.00 $500.00 $63.25 $126.50 $300.00 $600.00 $160.00 $320.00 $177.00 $354.00 2104.509 REMOVE LIGHTING UNIT EACH 12 $400.00 $4,800.00 $335.00 $4,020.00 $373.00 $4,476.00 $560.00 $6,720.00 $380.00 $4,560.00 2104.509 REMOVE MANHOLE OR CATCH BASIN EACH 4 $500.00 $2,000.00 $521.50 $2,086.00 $660.00 $2,640.00 $420.00 $1,680.00 $522.00 $2,088.00 2104.509 REMOVE LIGHT FOUNDATION EACH 12 $800.00 $9,600.00 $138.00 $1,656.00 $200.00 $2,400.00 $560.00 $6,720.00 $106.00 $1,272.00 2104.509 REMOVE SIGN TYPE C EACH 4 $150.00 $600.00 $50.00 $200.00 $100.00 $400.00 $52.50 $210.00 $56.00 $224.00 2104.509 REMOVE SIGN TYPE SPECIAL EACH 1 $2,000.00 $2,000.00 $413.50 $413.50 $55.00 $55.00 $105.00 $105.00 $560.00 $560.00 2104.513 SAWING BIT PAVEMENT(FULL DEPTH) LIN FT 2080 $5.00 $10,400.00 $1.80 $3,744.00 $0.50 $1,040.00 $5.20 $10,816.00 $2.10 $4,368.00 2105.604 GEOTEXTILE FABRIC TYPE V SQYD 140 $7.00 $980.00 $4.40 $616.00 $3.00 $420.00 $3.00 $420.00 $1.40 $196.00 2105.607 STRUCTURAL SOIL BORROW(CV) CU YD 729 $125.00 $91,125.00 $139.50 $101,695.50 $10.00 $7,290.00 $140.00 $102,060.00 $155.00 $112,995.00 2106.607 EXCAVATION-COMMON (P) CU YD 7828 $20.00 $156,560.00 $13.00 $101,764.00 $20.70 $162,039.60 $20.00 $156,560.00 $13.50 $105,678.00 2106.607 EXCAVATION-MUCK CU YD 1232 $25.00 $30,800.00 $11.75 $14,476.00 $21.70 $26,734.40 $24.00 $29,568.00 $18.00 $22,176.00 2106.607 COMMON EMBANKMENT(CV) (P) Cu YD 1288 $15.00 $19,320.00 $5.00 $6,440.00 $10.00 $12,880.00 $6.00 $7,728.00 $6.50 $8,372.00 2106.607 GRANULAR EMBANKMENT-MUCK(CV) CU YD 1518 $25.00 $37,950.00 $5.00 $7,590.00 $10.00 $15,180.00 $25.00 $37,950.00 $6.50 $9,867.00 2130.501 WATER M GALLON 10 $100.00 $1,000.00 $70.00 $700.00 $50.00 $500.00 $340.00 $3,400.00 $39.00 $390.00 2211.503 AGGREGATE BASE(CV)CLASS 5 CU YD 2840 $35.00 $99,400.00 $35.25 $100,110.00 $26.50 $75,260.00 $30.00 $85,200.00 $33.70 $95,708.00 2231.501 BITUMINOUS PATCHING MIXTURE TON 160 $150.00 $24,000.00 $105.00 $16,800.00 $140.00 $22,400.00 $105.00 $16,800.00 $121.00 $19,360.00 2301.602 DRILL 8 GROUT REINF BAR(EPDXY COATED) EACH 45 $30.00 $1,350.00 $28.00 $1,260.00 $25.00 $1,125.00 $29.50 $1,327.50 $32.00 $1,440.00 2360.501 TYPE SP 12.5 WEARING COURSE MIX(3,C) TON 1370 $90.00 $123,300.00 $70.00 $95,900.00 $66.00 $90,420.00 $70.00 $95,900.00 $80.50 $110,285.00 2360.502 TYPE Sp 12.5 NON WEAR COURSE MIX(3,B) TON 730 $80.00 $58,400.00 $60.00 $43,800.00 $59.40 $43,362.00 $60.00 $43,800.00 $69.00 $50,370.00 2402.583 ORNAMENTAL METAL RAILING LIN FT 76 $200.00 $15,200.00 $263.00 $19,988.00 $270.00 $20,520.00 $290.00 $22,040.00 $170.00 $12,920.00 2451.509 AGGREGATE BEDDING(CV) CU YD 20 $5.00 $100.00 $63.00 $1,260.00 $48.00 $960.00 $47.50 $950.00 $68.35 $1,367.00 2451.513 FINE FILTER AGGREGATE(CV) CU YD 171 $100.00 $17,100.00 $61.25 $10,473.75 $22.00 $3,762.00 $21.00 $3,591.00 $60.00 $10,260.00 2502.541 6"PERF PVC PIPE DRAIN LIN FT 600 $25.00 $15,000.00 $19.00 $11,400.00 $29.00 $17,400.00 $28.50 $17,100.00 $32.00 $19,200.00 2503.541 15"RC PIPE SEWER DES 3006 CL V LIN FT 723 $45.00 $32,535.00 $36.50 $26,389.50 $42.00 $30,366.00 $41.00 $29,643.00 $39.00 $28,197.00 2503.541 21"RC PIPE SEWER DES 3006 CL V LIN FT 162 $65.00 $10,530.00 $43.75 $7,087.50 $50.00 $8,100.00 $50.50 $8,181.00 $47.00 $7,614.00 2503.602 CONNECT TO EXISTING STORM SEWER EACH 1 $1,000.00 $1,000.00 $686.50 $686.50 $650.00 $650.00 $630.00 $630.00 $1,900.00 $1,900.00 2503.602 CONNECT INTO EXISTING DRAINAGESTRUCTORE EACH 1 $1,500.00 $1,500.00 $1,180.00 $1,180.00 $710.00 $710.00 $700.00 $700.00 $1,900.00 $1,900.00 2504.601 IRRIGATION SYSTEM LUMP SUM 1 $15,000.00 $15,000.00 $43,155.00 $43,155.00 $31,150.00 $31,150.00 $60,000.00 $60,000.00 $51,000.00 $51,000.00 2504.602 ADJUST VALVE BOX EACH 2 $550.00 $1,100.00 $144.00 $288.00 $500.00 $1,000.00 $220.00 $440.00 $860.00 $1,720.00 2506.501 CONST DRAINAGE STRUCTURE DESIGN SPEC 1 LIN FT 33.4 $800.00 $26,720.00 $844.00 $28,189.60 $450.00 $15,030.00 $450.00 $15,030.00 $600.00 $20,040.00 2506.501 CONST DRAINAGE STRUCTURE DESIGN SPEC 2 LIN FT 31.7 $400.00 $12,680.00 $407.50 $12,917.75 $580.00 $18,386.00 $580.00 $18,386.00 $500.00 $15,850.00 2506.516 CASTING ASSEMBLY EACH 11 $900.00 $9,900.00 $767.00 $8,437.00 $1,000.00 $11,000.00 $620.00 $6,820.00 $1,100.00 $12,100.00 2506.522 ADJUST FRAME&RING CASTING EACH 1 $500.00 $500.00 $360.50 $360.50 $700.00 $700.00 $580.00 $580.00 $708.00 $708.00 2521.501 4"CONCRETE WALK SPECIAL SO FT 496 $15.00 $7,440.00 $17.50 $8,680.00 $22.25 $11,036.00 $19.50 $9,672.00 $20.00 $9,920.00 2521.501 5"CONCRETE WALK SO FT 14800 $7.00 $103,600.00 $4.20 $62,160.00 $6.30 $93,240.00 $4.50 $66,600.00 $4.70 $69,560.00 2521.501 6"CONCRETE WALK SO FT 770 $9.00 $6,930.00 $4.90 $3,773.00 $16.60 $12,782.00 $6.00 $4,620.00 $5.50 $4,235.00 2521.511 2.5"BITUMINOUS WALK SO FT 1820 $6.00 $10,920.00 $2.50 $4,550.00 $3.50 $6,370.00 $2.50 $4,550.00 $3.00 $5,460.00 2531.501 CONCRETE CURB&GUTTER DESIGN 8612 LIN FT 1610 $20.00 $32,200.00 $13.00 $20,930.00 $25.75 $41,457.50 $15.60 $25,116.00 $14.50 $23,345.00 2531.501 CONCRETE CURB&GUTTER DESIGN B618 LIN FT 2870 $15.00 $43,050.00 $14.25 $40,897.50 $23.25 $66,727.50 $17.00 $48,790.00 $16.00 $45,920.00 2531.502 CONCRETE CURB DESIGN V10 LIN FT 80 $25.00 $2,000.00 $35.00 $2,800.00 $39.10 $3,128.00 $40.00 $3,200.00 $39.30 $3,144.00 2531.507 B"CONCRETE DRIVEWAY PAVEMENT SO YD 250 $80.00 $20,000.00 $65.00 $16,250.00 $84.80 $21,200.00 $70.00 $17,500.00 $73.00 $18,250.00 2531.618 TRUNCATED DOMES SO FT 150 $60.00 $9,000.00 $53.00 $7,950.00 $66.50 $9,975.00 $55.80 $8,370.00 $59.50 $8,925.00 2540.602 METAL BENCH EACH 2 $2,500.00 $5,000.00 $1,369.00 $2,738.00 $4,000.00 $8,000.00 $530.00 $1,060.00 $1,000.00 $2,000.00 2540.603 LANDSCAPE EDGER LIN FT 967 $10.00 $9,670.00 $5.00 $4,835.00 $10.00 $9,670.00 $7.40 $7,155.80 $8.00 $7,736.00 2540.618 CONCRETE PAVERS SO FT 1652 $12.00 $19,824.00 $16.50 $27,258.00 $19.00 $31,388.00 $12.00 $19,824.00 $10.00 $16,520.00 2545.511 LIGHTING UNIT TYPE SPECIAL 1 EACH 16 $5,000.00 $80,000.00 $4,200.00 $67,200.00 $4,670.00 $74,720.00 $4,400.00 $70,400.00 $4,760.00 $76,160.00 2545.511 LIGHTING UNIT TYPE SPECIAL 2 EACH 6 $4,500.00 $27,000.00 $4,765.00 $28,590.00 $5,295.00 $31,770.00 $4,900.00 $29,400.00 $5,397.00 $32,382.00 2545.515 LIGHT FOUNDATION DESIGN E MODIFIED EACH 16 $1,000.00 $16,000.00 $890.00 $14,240.00 $990.00 $15,840.00 $1,000.00 $16,000.00 $1,008.00 $16,128.00 PAGE 1 BID SHEET WEST 70TH STREET PROJ.NO.CP 14-5877 BY:SRF CONSULTING GROUP,INC. TOTAL PROJECT ENGINEER'S ESTIMATE Meyer Contracting,Inc. GMH Asphalt Corporation Bituminous Roadways,Inc. Veit&Company,Inc. ITEM NO. ITEM DESCRIPTION UNIT QUANTITIES UNIT PRICE TOTAL AMOUNT UNIT PRICE TOTAL AMOUNT UNIT PRICE TOTAL AMOUNT UNIT PRICE TOTAL AMOUNT UNIT PRICE TOTAL AMOUNT 2545.515 LIGHT FOUNDATION DESIGN SPECIAL EACH 6 $1.000.00 $6,000.00 $890.00 $5,340.00 $990.00 $5,940.00 $1.000.00 $6,000.00 $1,008.00 $6,048.00 2545.521 2"RIGID STEEL CONDUIT LIN FT 9 $50.00 $450.00 $45.00 $405.00 $50.00 $450.00 $48.00 $432.00 $51.00 $459.00 2545.523 2"NON-METALLIC CONDUIT LIN FT 1915 $8.00 $15,320.00 $10.00 $19,150.00 $11.50 $22,022.50 $11.00 $21,065.00 $11.50 $22,022.50 2545.531 UNDERGROUND WIRE 1 COND NO2 LIN FT 59 $5.00 $295.00 $2.00 $118.00 $2.25 $132.75 $2.20 $129.80 $2.00 $118.00 2545.531 UNDERGROUND WIRE 1 COND NO4 LIN FT 9048 $2.50 $22,620.00 $1.40 $12,667.20 $1.90 $17,191.20 $1.60 $14,476.80 $1.50 $13,572.00 2545.541 SERVICE CABINET-TYPE Li EACH 1 $5,500.00 $5,500.00 $4,300.00 $4,300.00 $4,800.00 $4,800.00 $4,400.00 $4,400.00 $4,890.00 $4,890.00 2545.543 UNDERGROUND CABLE SPLICE EACH 3 $475.00 $1,425.00 $120.00 $360.00 $135.00 $405.00 $130.00 $390.00 $136.00 $408.00 2545.545 EQUIPMENT PAD B EACH 1 $1,000.00 $1,000.00 $800.00 $800.00 $890.00 $890.00 $825.00 $825.00 $906.00 $906.00 2545.553 HANDHOLE EACH 4 $1,750.00 $7,000.00 $535.00 $2,140.00 $595.00 $2,380.00 $550.00 $2,200.00 $610.00 $2,440.00 2563.601 TRAFFIC CONTROL LUMP SUM 1 $15,000.00 $15,000.00 $3,800.00 $3,800.00 $15,000.00 $15,000.00 $6,600.00 $6,600.00 $4,300.00 $4,300.00 2564.531 SIGN PANELS TYPE C SO FT 41.3 $60.00 $2,478.00 $40.00 $1,652.00 $43.00 $1,775.90 $42.00 $1,734.60 $45.00 $1,858.50 2564.552 HAZARD MARKER X4-2 EACH 2 $50.00 $100.00 $100.00 $200.00 $110.00 $220.00 $105.00 $210.00 $112.00 $224.00 2571.502 DECIDUOUS TREE 3"CAL B&B TREE 42 $800.00 $33,600.00 $522.00 $21,924.00 $600.00 $25,200.00 $600.00 $25,200.00 $640.00 $26,880.00 2571.503 ORNAMENTAL TREE 6'HT B&B TREE 26 $500.00 $13,000.00 $365.50 $9,503.00 $450.00 $11,700.00 $420.00 $10,920.00 $455.00 $11,830.00 2571.503 ORNAMENTAL TREE 2"CAL BOB TREE 9 $500.00 $4,500.00 $308.50 $2,776.50 $450.00 $4,050.00 $420.00 $3,780.00 $455.00 $4,095.00 2571.505 DECIDUOUS SHRUB NO 5 CONT SHRUB 188 $75.00 $14,100.00 $41.00 $7,708.00 $40.00 $7,520.00 $68.00 $12,784.00 $74.00 $13,912.00 2571.507 PERENNIAL NO 1 CONT PLANT 1448 $25.00 $36,200.00 $12.00 $17,376.00 $12.00 $17,376.00 $20.01 $28,974.48 $22.00 $31,856.00 2573.502 SILT FENCE,TYPE MS LIN FT 860 $5.00 $4,300.00 $2.30 $1,978.00 $4.00 $3,440.00 $3.00 $2,580.00 $2.60 $2,236.00 2573.530 STORM DRAIN INLET PROTECTION EACH 15 $300.00 $4,500.00 $25.00 $375.00 $250.00 $3,750.00 $230.00 $3,450.00 $170.00 $2,550.00 2574.508 FERTILIZER TYPE 3 POUND 215 $2.00 $430.00 $1.30 $279.50 $4.00 $860.00 $1.40 $301.00 $2.00 $430.00 2574.508 FERTILIZER TYPE 4 POUND 50 $2.00 $100.00 $1.80 $90.00 $4.00 $200.00 $1.90 $95.00 $2.00 $100.00 2574.525 COMMON TOPSOIL BORROW CU YD 444 $30.00 $13,320.00 $1.00 $444.00 $27.00 $11,988.00 $40.00 $17,760.00 $37.60 $16,694.40 2574.525 BOULEVARD TOPSOIL BORROW CU YD 162 $100.00 $16,200.00 $50.00 $8,100.00 $31.00 85,022.00 $54.00 $8,748.00 $53.00 $8,586.00 2574.578 SOIL BED PREPARATION ACRE 1.5 $1,000.00 $1,500.00 $500.00 $750.00 $800.00 $1,200.00 $1,600.00 $2,400.00 $2,988.00 $4,482.00 2575.501 SEEDING ACRE 0.4 $2,000.00 $800.00 $6,050.00 $2,420.00 $2,400.00 $960.00 $6,400.00 $2,560.00 $6,770.00 $2,708.00 2575.502 SEED MIXTURE 25-131 POUND 30 $100.00 $3,000.00 $4.30 $129.00 $4.00 $120.00 $4.50 $135.00 $5.00 $150.00 2575.502 SEED MIXTURE 35-221 POUND 10 $100.00 $1,000.00 $25.25 $252.50 $5.00 $50.00 $26.50 $265.00 $28.00 $280.00 2575.505 SODDING TYPE LAWN SQ YD 4780 $10.00 $47,800.00 $5.30 $25,334.00 $9.00 $43,020.00 $5.60 $26,768.00 $6.00 $28,680.00 2575.513 MULCH MATERIALTYPE 9 CUYD 108 $115.00 $12,420.00 $85.00 $9,180.00 $85.00 $9,180.00 $200.00 $21,600.00 $218.00 $23,544.00 2575.523 EROSION CONTROL BLANKETS CATEGORY 3 SQYD 1460 $5.00 $7,300.00 $2.00 $2,920.00 $2.00 $2,920.00 $2.00 $2,920.00 $2.20 $3,212.00 2575.523 EROSION CONTROL BLANKETS CATEGORY 4 SQYD 180 $5.00 $900.00 $3.10 $558.00 $2.20 $396.00 $3.30 $594.00 $3.50 $630.00 2575.525 TURF REINFORCEMENT MAT CATEGORY 4 SQYD 180 $25.00 $4,500.00 $9.40 $1,692.00 $5.50 $990.00 $9.90 $1,782.00 $10.50 $1,890.00 2575.571 RAPID STABILIZATION METHOD 3 M GALLON 7.6 $500.00 $3,800.00 $580.00 $4,408.00 $600.00 $4,560.00 $610.00 $4,636.00 $650.00 $4,940.00 2582.501 PAVT MSSG(LT ARROW)EPDXY EACH 3 $250.00 $750.00 $115.00 $345.00 $160.00 $480.00 $160.00 $480.00 $198.00 $594.00 2582.501 PAVT MSSG(RT ARROW)EPDXY EACH 3 $250.00 $750.00 $115.00 $345.00 $160.00 $480.00 $160.00 $480.00 $198.00 $594.00 2582.502 4"SOLID LINE WHITE-EPDXY LIN FT 2130 $2.00 $4,260.00 $0.50 I $1,065.00 $0.90 $1,917.00 $0.90 $1,917.00 $1.20 $2,556.00 2582.502 24"SOLID LINE YELLOW-EPDXY LIN FT 230 $9.00 $2,070.00 $7.90 $1,817.00 $11.00 $2,530.00 $7.40 $1,702.00 $9.50 $2,185.00 2582.502 4"DOUBLE SOLID LINE YELLOW-EPDXY LIN FT 1220 $5.00 $6,100.00 $0.80 $976.00 $2.00 $2,440.00 $1.80 $2,196.00 $2.50 $3,050.00 2582.503 CROSSWALK MARKING-EPDXY SO FT 216 $15.00 $3,240.00 $5.00 $1,080.00 $6.75 $1,458.00 $6.50 $1,404.00 $8.25 $1,782.00 TOTAL OF BID: $1,706,482.00 $1,277,800.80 $1,424,141.B5 61,457,656.98 $1,481,228.40 PAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2015- RESOLUTION ACCEPTING BID FOR THE WEST 70TH STREET EXTENSION IMPROVEMENT PROJECT I.C. 14-5877 WHEREAS,pursuant to an advertisement for bids for the following improvement: I.C. 14-5877: West 70th Street Extension bids were received, opened and tabulated according to law. Those bids received are shown on the attached Consultant Recommendation Letter; and WHEREAS,the City Engineer recommends award of Contract to Meyer Contracting, Inc. as the lowest responsible bidder for the Total Bid. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with Meyer Contracting, Inc. in the name of the City of Eden Prairie, in the amount of $1,277,800.80 in accordance with the plans and specifications for work included in the Bid thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on August 18, 2015. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: August 18, 2015 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Paul Sticha, Administration, Fire Station 4 Sleeping Quarters for Facilities Duty Crew Requested Action Move to: Award the contract for construction of Fire Station 4 duty crew sleeping quarters to Gardner Builders. Synopsis Quote Diversified Construction $52,444 Gardner Builders $49,978 RJ Marco Construction $57,602 Background Information Fire and Facilities staff determined what remodeling was required to provide sleeping quarters for the duty crew within the existing building envelope at Fire Station 4. Plans and specifications were prepared by DSO Architecture. Quotes were received and verified, with Gardner Builders being the low quote. Staff recommends accepting the quote from Gardner Builders. Attachment Contract Standard Construction Contract This Contract ("Contract") is made on the 18th day of August, 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 construction of sleeping quarters for the Duty Crew, 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 plans and specifications developed by DSO Architecture dated June 25, 2015 and attached quote dated July 16, 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 October 30, 2015. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $49,978.00 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: August 18, 2015 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Paul Sticha, Administration, Community Center Dry Floor Hockey Facilities Training Facility Requested Action Move to: Award the contract for the construction of the Rink 2 dry floor training facility to Becker Arena Products, Inc. Synopsis Quote Athletica Sport Systems $54,940 Becker Arena Systems $43,015 Background Information City staff and Hockey Association representatives worked together to develop plans and specifications for a dry floor training facility. Athletica and Becker were invited to walk the space and review the plans and specs on site. City staff confirmed the quotes were complete and equal, with Becker being the low quote. Attachment Contract Standard Construction Contract This Contract ("Contract") is made on the 18th day of August, 2015, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Becker Arena Products, whose business address is 6611 West Hwy 13, Savage, MN 55378 (hereinafter"Contractor"). 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 construction of a dry floor hockey training facility, 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 plans and specifications developed by City staff dated July 30, 2015 and attached quote dated August 10, 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 October 30, 2015. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $43,015.00 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 Brad Peterson 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: Brad Peterson Becker Arena Products 6611 West Hwy 13 Savage, MN 55378 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 BECKER ARENA PRODUCTS By: Its: Standard Construction Contract 2015.03 Page 10 of 10 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 18, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Matt Bourne, Parks and Reject Bids for Miller Park Field#8 Plaza and Natural Resources Manager Parking Lot Improvements Requested Action Move to: Reject the bids for the Miller Park field #8 plaza and parking lot improvements. Synopsis The City advertised for the total reconstruction of the plaza and parking lot at Miller Park field#8. Specifications for the work were prepared by city staff and 8 contractors received copies of the plans. Only two bid submittals for the project were received, with the low bid being more than $150,000 over the estimated cost for the project. Bid Summary and Recommendation The bids submitted were: Custom Builders, Inc. $829,456.25 Ebert Construction $862,226.69 Staff recommends the bids be rejected and the bid surety be returned to the bidder. Staff will be reviewing options for the rebidding of this project at a later date. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 18, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. Matt Bourne, Parks and Approve Maintenance Agreement for the Natural Resources Manager, Stormwater Facility at the Miracle League Parks and Recreation Field Requested Action Move to: Approve maintenance agreement with the Riley-Purgatory-Bluff Creek Watershed District for the Stormwater Facility at the Miracle League Field. Synopsis Due to the need for a new stormwater infiltration basin at the Miracle Field, the Riley-Purgatory- Bluff Creek Watershed District is requiring an agreement outlining maintenance and reporting requirements for the new stormwater facility. This agreement must be executed as a condition of the Watershed District permit for the construction of the new field. Background The introduction of impervious surfacing as part of the Miracle field project required the construction of a stormwater infiltration basin. Attachment Maintenance Agreement MAINTENANCE AGREEMENT Between the Riley Purgatory Bluff Creek Watershed District and The 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 103B and 103D (RPBCWD), and the City of Eden Prairie, a statutory city and body corporate and politic of the State of Minnesota (City). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes section 103D.345, the RPBCWD has adopted and implements the Wetland and Creek Buffers Rule, the Waterbody Crossings and Structures Rule and 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 and as a condition of permit 201 5-039, the City's perpetual obligation to maintain stormwater facilities must be memorialized in a maintenance agreement specifying requirements and restrictions; WHEREAS City and the RPBCWD execute this Agreement to fulfill the condition of permit no. 2015-039, and concur that it is binding and rests on mutual valuable consideration; 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 1) STORMWATER FACILITIES a) Stormwater retention and treatment basin(s). Stormwater retention and treatment basin(s) must be inspected at least once a year to determine if the basin's retention and treatment characteristics are adequate and continue to perform per design. Culverts and outfall structures must be inspected at least annually and 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 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. 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 Transfer. If City conveys into private ownership a fee interest in the property that is the subject of this Agreement, it shall require as a condition of sale, and enforce: (a) that the purchaser record a declaration on the property incorporating the maintenance requirements of this Agreement; and (b) that recordation occur either before any other encumbrance is recorded on the property or, if after, only as accompanied by a subordination and consent executed by the encumbrance holder ensuring that the declaration will run with the land in perpetuity. If City conveys into public ownership a fee interest in any property that has become subject to this Agreement, it shall require as a condition of the purchase and sale agreement that the purchaser accept an assignment of all obligations vested under this Agreement. 4) This Agreement may be amended only in a writing signed by the parties. 5) The recitals are incorporated as a part of this Agreement. 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT By Date: President, Board of Managers City of City By: Date: Its Mayor By: Date: Its Administrator 3 ,,. SEQUENCE OF MAJOR ACTIVITIES NOTES /�� kw. NM9o1Aa_ 1. INSTALL EROSION AND SEDIMENT CONTROL CONTRACTOR SHALL FIELD VERIFY EXISTING ELEVATIONS AND TOPOGRAPHY / +� IRA eo>A0 SW 2. SITE GRADING. PRIOR TO COMMENCING GRADING OPERATIONS.IF DISCREPANCIES OCCUR +\{ INV B06.60 SE 3. PAVEMENT ACTIVITIES AND FIELD CONSTRUCTION. BETWEEN PLAN AND ACTUAL SITE CONDITIONS,NOTIFY ENGINEER IMMEDIATELY. / [NJ 004.18 E,W 4. STABILIZATION OF TRIBUTARY AREAS TO THE INFILTRATION BASIN. - .-.�.-.-+.---- ✓ - _� „_� _ _ _�� / 5. EXCAVATION OF INFILTRATION BASIN. ®/CONTRACTOR SMALL INSTALL EROSION AND SEDIMENT CONTROL(ESC) / \Y ''\ 6. FINAL SITE RESTORATION AND TURF ESTABLISHMENT. .MEASURES PRIOR TO COMMENCING CONSTRUCRON.ESC MEASURES SHALL BE J RIM 901.02 �' N �� �. INSPECTED DAILY DURING GRADING OPERATIONS AND WEEKLY UNTIL FINAL d' NV 89].4 1 \ (STABILIZATION IS COMPLETE. ESC MEASURES SHALL BE REPAIRED AS NEEDED r 10'L X 4'W 901.2 \q '"P `OR AS DIRECTED.ESC MEASURES SHALL BE REMOVED FOLLOWING FINAL ' „o@� EARTHEN WFS)F ` r u I.STABILIZATION. / \\ "'D31B EROSION AND SEDIMENT CONTROL CONTACT / _; Hv e9zle t v \ i CONTRACTOR SHALL N RESPONSIBLE FOR PROPER MANAGEMENT AND DISPOSAL q0I- _ \ \ RANDY SUCK OF ALL CONSTRUCTION SITE WASTE,SUCH AS DISCARDED CONSTRUCTION Ar-r / 9p2 ."\� .- ST \ CITY OF EDEN PRAIRIE MATERIALS,CONCRETE WASHOUT,CHEMICALS,LITTER,AND SANITARY WASTE. /L/ BO80 MITCHELL RD. L ___ 9��� `\• EDEN PRAIRIE,MN 55394 EXISTING TOPSOIL SHALL BE SALVAGED,STOCKPILED,AND REUSED IN \) B o' 952-949-9322 PROPOSED GREENSPACE AREAS,UNLESS OTHERWISE NOTED. r INFILTRATION BASIN,' \ '''„4-- A I / `I ROTA ELEV. 900`9+ ° \ _ I I THE CONTRACTOR SHALL CUT,FILL,AND COMPACT TO THE GRADES INDICATED -' �_ I ON THE PLAN,MAKING PROPER ALLOWANCE FOR SUBSEQUENT CONSTRUCTION OF A o PAVEMENTS.HARD SURFACE AREAS,INFILTRATION BASIN,AND EARTHEN WEIR ' I i m SHALL HAVE A TOLERANCE OF Al".ALL OTHER AREAS SHALL HAVE A TOLERANCE j/ i HOLD FINISHED SITU NOUS OF A3".THE CONTRACTOR SHALL GRADE SITE TO CREATE AND MAINTAIN PAVEMENT ELEVATE DOWN POSITIVE DRAINAGE TO ALL LOW AREAS AND CATCH BASINS. -_ / <__�� I THE EQUNALENT SURFACETHICKN S MINIMIZE SOIL COMPACTION IN PROPOSED GREENSPACES,INCLUDING THE '9oewa ' A`-Fv -�q 'Ts I INFILTRATION BASIN BY MINIMIZING UNNECESSARY TRUCK AND EQUIPMENT ,"- TRAVEL�� �. I TRAVEL AND USING DESIGNATED HAULING ROUTES WITHIN CONSTRUCTION SITE. /�.� A,SALVAGED TOPSOIL pp1 Y 901.3 901.3T II j r ALL DISTURBED GREENSPACE AREAS SHALL BE RESTORED WITH A MINIMUM 6"OF`I SIDE SLOPE , % 901.4 I 1V:4H MAX. / (SALVAGED AND INFILTRATION HYDROSEED AS DIRECTED BYTHE CITY.DO NOT PLACE 04 S I f SLOPE[TYP.) j TOPSOIL AT BOTTOM OF INFILTRATION BASIN.ALL DISTURBED AREAS SHALL BE I. ‘,STABILIZED WITHIN 7 CALENDAR DAYS AFTER LAND-DISTURBING WORK HAS 0 TEMPORARILY OR PERMANENTLY CEASED. 901.69 IFSURFACE WELD,SA // SURFAITH:q BASE _ 7 ,/, \'.,, if F I /I 1 901.3 r "-..fl.96 a, / / LEGEND-PROPOSED y�� "voxv I I P I L- •--'900•-. CONTOUR LINE(FINISHED GRADE) i° 9D2.07 / I % / 1V:1OH FENCE II T\ 901.9-'r -�9,�"t / SIDE SLOPE BALLFIELD -%%X.XX SPOT ELEVATION(FINISHED GRADE) r Z.5 P FX.X/ \ ,\::",. / DRAINAGE ARROW v .' .02.36 /, I HP HIGH POINT ° .-?0 901.84 • _ 902.4; / pry 10 - 0 SILT FENCE 90 9F �� / - e� -' e A 'a' •INFILTRATION BASIN .':. •01.56 _u2' 902.36 , sm MATCH EXISTING �;.' SEDIMENT CONTROL INLET-TYPE 1OR2 9D1.96 7, _902.2 ELEVATION AI`BOTTOM ELEV.=900.9 v'a BIT.PATH alb,... 02.6 H•/ 96 $, ` SECTION A-A(TYP.) ^-� 41-.'"3, ROCK CONSTRUCTION ENTRANCE p02.2 M o 902S�P .1 STREET SWEEPING A, 7 N ' _ N I (AS REQUIRED OR AS DIRECTED BY ENGINEER) Ali. 0 L �0`l CONCRETE MATCH ELEVATION AT A; •t \` EXISTING CATCH ytam-�,, ` PL� •`'A I BASIN,ELEV.n901.01 'INFILTRATION BASIN' 1• 9D2. 903`4?� $ '` //\� qq�902.4 \ T BOTTOM ELEV.m900.9( (MATCH)a/ 1 •�' $02:4 '' BIT.PU1ZA \` I' - /_�/q 902.THP .� '''`-'1.,... / 90� _.._.._.._. ,_` - zps6 a.ovt B�fi NAPX 02.93I o{ A . __�_.,- _:-' _ M1s :.q J ELE 9D EAR �z El, BENCHMARK 'rf.`�l1� J BM-HENNEPIN COUNTY DISC,ELEVATION,.902.93(NAVD88)- t{ I ` `9,,, `` •T1 eit. SECTION B-B LOCATION SHOWN ON PLAN ✓� ` - ` v' / COORDINATE NOTE: / imam �,` - `,A �`;TH''iy LOCATION WITH w 1. CONTRACTOR TO FIELD TEST AND CORRECT SAILS AS REQUIRED TO ®I / 901)$ / ACHIEVE A MINIMUM INFILTRATION RATE OF(4.0'PER HOUR FOR THE I� _ Y • • :%i. / MA H)" • ..> BASIN.COORDINATE WITH OWNER'S TESTING'$IRM. __9or/ //I/ / 2. INFILTRATION BASIN SHALL NOT BE EXCAVATED UNTIL TRIBUTARY CALL BEFORE YOU OIG I /PARKING LOT IMPROVEMENTS TOJ / ---. / / AREAS HAVE BEEN STABILIZED. MINNESOTA UWHERIERSR fxcavpmus TO NOMFM BE MADE UNDER ASEPARATE / / / THE REGIONAL NEFlfA1VON CENTER AT E'Snw0 CONTRACT IN THE FUTURE / / 3. PLACE MIN.4°OF GRADE 2 COMPOST(MNOOT 3890)AT BOTTOM OF FBBNEWS Onus BUTNOTM00E £ / z°A INFILTRATION BASIN.ROTOTILL COMPOST INTO THE IN-SITU SOIL TO / TMnN rOUSTEW Ilan SO REBononvs / / / "\y/ A MIN.DEPTH OF 12'. a PR ORTO alavnnON Scale In foot GOPHER STATE - C // / O RIM 890.03 eLlI�/ ONE°CA dL / Le B93S0 tD ON wa n pad Scale In leaf Anti/ INFILTRATION BASIN DETAIL �1Y 1-800-252-1166 0 20 40 60 __ / Sq0> r a Data RevUlons x I hereby fe,R the[thls plan,specification or 4 7 s •-d 1 ', Protect No. 14-0E5 STATE AID PRD1EiT N0. 1„ p I Engineenn SurvB in 06.05-15 CDNSTDUCRON SET report was prepared try me mender my tarot SHEET 3 9• Y 9 Drawn TVA superulslan and that Iama duly licensed STATE FIRMER NO. GRADING AND EROSION AND SEDIMENT CONTROL PLAN oV Landscape Architecture 07-E6-15 A REVISION Pm(esslonal Engineer under the laws o(the Y o I Dal9n b4 AMP 07-20-15 A REVISION 2 5 Innesata. COUNTY P0.07ECTN0. or Rea dey AMP P ^, CITY P0.0IECTNo. MIRACLE FIELD HANSEN TMORP PELLINEN OLSON,Inc. A am Pawl!. DENT SHEETS ® >n °sasarm.nseo-im d. B A US No. 49990 DORI 07-20-15 1DENT PROJECT NO. EDEN PRAIRIE,MN CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 18, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.M. Matt Bourne, Parks and Award the Contract for the Purchase of Natural Resources Manager, Playground Equipment for Camp Eden Parks and Recreation Wood Requested Action Move to: Award Contract to St. Croix Recreation for the purchase of playground equipment for Camp Eden Wood at a cost not to exceed $80,000. Synopsis The City of Eden Prairie in conjunction with True Friends requested proposals for a new playground design and equipment at Camp Eden Wood. St. Croix Recreations design was chosen from a group of six playground vendors. The proposal for the project total was to not exceed a cost of$80,000.00. Funding for the project is from True Friends and the Hennepin County Youth Sports Grant Program. Background In the early 1980's, the City of Eden Prairie received the land from Hennepin County with the understanding that it would be used for children with disabilities. On January 1, 1984 a lease agreement between the City of Eden Prairie and ARC of Hennepin County was signed. On December 20, 1994 the lease was assigned from Hennepin County to Friendship Ventures, Inc. In June of 2007, a Master Plan for Eden Wood Center was submitted for State Capital Bonding Bill for major improvements to the site. The bonding was not passed. With the Master Plan in mind, Randy Boser with True Friends formerly Friendship Ventures, came to the City of Eden Prairie with the idea of putting up a new all-inclusive playground for their clients at the Camp Eden Wood site. Following the Heritage Preservation Committee's approval of the Certificate of Appropriateness, the City of Eden Prairie will order the playground equipment from St. Croix Recreation. Six playground vendors submitted initial designs and True Friends was able to narrow it down to two vendors after the first revision. Based on True Friends clients' needs and site restrictions, St. Croix Recreations final design was chosen as the best fit and design. Attachment Contract, including Exhibit A Standard Purchasing Contract This Contract ("Contract") is made on the 18th day of August, 2015, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and St. Croix Recreation a Minnesota Company (hereinafter "Vendor") whose business address is 329 East Lake Street, Waconia, Minnesota 55387 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 Playground design and equipment for Camp Eden Wood Playground, 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 12-1-15. 3. Compensation for Services. City agrees to pay the Vendor $80,000 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 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 TO: Parks Construction Supervisor FROM: St Croix Recreation 15150 Technology Drive 329 East Lake Street Eden Prairie, MN. 55344 Waconia, Mn. 55387 ATTN: Bil101mschenk PHONE: 952-949-8533 PHONE: 952-442-1820 FAX: FAX: 952-442-4439 DATE: July, 2015 REFERENCE: PROJECT: Camp Edenwood Playground TERMS: Net 30 days Revision Three QUANTITY DESCRIPTION PRICE EACH TOTAL Lump Sum Area One:Nucleus Play System With Ramping $51,012 5" Posts With Ground Level Activities Lump Sum Area Two: Independent Area With 2 Belt Seats, One Tot Seat, And One ADA Seat Four Spinning Events $24,899 1 ECN2000SM Full Net 20' Height $11,730 See Itemized Lists For Components Net By Elephant Play Equipment By BCI Burke Co. 300 Cu Yd Engineered Wood Fiber Delivered Complies With ASTM F-1292&ASTM F-2075 $7,272 4 Days Supervised Installation $2,500 Grant From BCI Burke ($20,901) NOTE: This quotation is valid for 30 days. SUBTOTAL $76,512 Please call for confirmation after that date. SALES TAX Exempt Prices are NOT based on prevailing wages. FREIGHT $3,488 INSTALLATION See Above Do you need a 24-hour call prior to delivery notice? Yes_No TOTAL $80,000 DISCLAIMER FOR UNKNOWN CONDITIONS: The following disclaimer applies only when installation is quoted. This quotation is based on the area being free of all debris such as,but not limited to the following: *Concrete footings or blocks of any type. *Bedrock or rocky conditions of any type. *Tree stumps,trees,cans,bottles,metal or any other debris. *Utilities requiring any holes to be dug by hand. *If area is not accessible to a bobcat and other equipment necessary for installation. *If water exists in site area or footings after they are dug. *Or any other unknown conditions not listed or visible. FOB Factory Shipment approx. after receipt of order. Signed by: Bill Livingsto F:QUOTE 7/31/2015 STRUCT (REA NETAREA . ALA. ,.ds1BILITY GUIDEIJNE(ADMG CONFORMANCE) Model: (ECN1loa0StNO ' .. 01.MEWED MAY MICR MVO.10 PIM- Best age fit • 612 x.mavn3.10MWED1mrurnv«i'r�c°rmwe�mauc °1v''�x Capacity: 15 01.011. 10.116o�oa•o w cwn: r..m o-swa ma.i �c , Height: 10' Req.:Min.Area 15TNG INDEPENDENTS Fall height: 2Tx2T �1.11 LCJIr ALAAMF &L CS! fTY GUIDEUNE(ADAAG CONFORMANCE) \ ._----- _e__._._______ ....___— ______• Movement Static • mm"1 MICE o Emcees.:— Emcees — 10.1.0301 OP EIDAVED R.EMITS ACCESEME BYlw6vnaraEit \ ntm�DOTmfa6 W10 MPS@. o l IV v r J_ STRUCTURE II , . i ° ¢ ACCES,4 o ¢ s ° w° ¢ ° �r1, l; so ° z' D ` auo: 4 (( 1 ;.11111111111111111 QY . O ° �1 0 �'\�il ul . O, t i INDEPENDENTS o -� �� i a � �� s S/�%� a `�' ` 0 e'•4 I i .,to. ' RESILIENT?mama_ na �= � Q• I -" - ? '< Z m • STRUCTURE SRE — ) I I `ti jC(gT�o-t!o STRUCTURE IS DF9�NED CI p 23 MONTh OLDS OR CHILDREN ASES: - `�� II� —�t th t' ������ ° ❑ 2-5 YEAR OLDS WOOD FIBER �K-7.MrI •e X 5-12 YEAR OLDS p► 1�':� \ NI 13*YEAR OLDS / .��, ` O U Im �'� 5'Berm it., ` WOOD FIBER' iCtiCt t, g -1 eq mn NETAREA. LAJ Required 4) . T tt_ . lir o (---- ---N\ ACCF.4S .�;,..,. 0 /AIPlkiP. r ti 1 h na,mreMmrp d orA.STMv F . To.* d Md wM,,Rnaaag s 0 Tin epee n�m.nvrtt wwn W hen " ,al USER CAPACITY: l c5 N standardsm"� � TOTAL NUMBER OF PLAY EVENTS:Q.E O Title: CAA1P EDENWOOD TAtm.mgl.ya in e.pplay Location: Eden Prairie, A71/, ++iwra tEn•xessnARNI aenrtam�ee�wTrt m„pn�a.xnea b We.pM� ` nnesota WARNINGI mmnmu.casCgauenn� 4 Date: Tare, 2015 lit laT/SEO bICNf. SGALG I€ fte NDP5RF Drawn By: - FOli.a.c FnuzaREsxrF.v�o,wFw�cpyti w�aemttr Puh1RNPmtlaM'. _ • PLATFORM MOM MEDI MO®AAWCPEREM w1ER.. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 18, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. George F. Esbensen, Fire Approve Purchase and installation of console Chief/Director of Emergency furniture in 911 Dispatch Center. Preparedness Requested Action Move to: Approve purchase and installation of Watson Dispatch Furniture system from Dick Buss &Associates LLC for$ 22,482.05 Synopsis: The current furniture in the Dispatch Center is all Watson furniture and we are purchasing from the same manufacturer to match existing functionality and style. This cost also includes moving one console and preventive maintenance on all consoles. Money for this project comes from the E911 fund. Attachment Watson Quote Standard Purchasing Agreement Standard Purchasing Contract This Contract ("Contract") is made on the 12th day of August 2015, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Dick Buss & Associates LLC (hereinafter "Vendor") whose business address is 221 High St. P.O. Box 225 Mineral Point, WI 53565. 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 purchasing, installing, moving one console and preventive maintenance on all dispatch console 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 09-30-2015. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $ 22,482.05 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 will 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. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 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 Standard Purchasing Contract 2014.01 Page 2 of 3 performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 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: elef C. �) e����� /ice J1 s Standard Purchasing Contract 20 14.0 1 Page 3 of 3 watsonQUOTATION Quote #: Q.F01-EdenPrairieCOVI.06 Date: 7/14/2015 Valid Until: 9/7/2015 Contract: Prepared By: Rep: Kelly Dowling Dick Buss WATSON FURNITURE GROUP Territory Rep 26246 Twelve Trees Lane NW Dick Buss&Associates LLC Poulsbo,WA 98370 WI NET 30 DAYS 360-394-1300 kdowling@watsonfg.com Prepared For: Ship To: Eden Prairie PD- MN Eden Prairie PD-MN Project: Eden Prairie, City of, MN **7/14/15 REMOVED PEDS** Part Number Qty Purchase Ext Purchase City of Eden Prairie, MN Item 1. (1) Synergy 2 Full Lift Console &Parts for Reconfigure QOD18 2 $92.40 $184.80 SYNERGY OUTSIDE DOOR, 18"WIDE POWDER ... Skipped Option Q0D24 2 $103.40 $206.80 SYNERGY OUTSIDE DOOR, 24"WIDE POWDER ... Skipped Option Q0D36 2 $124.85 $249.70 SYNERGY OUTSIDE DOOR, 36"WIDE POWDER ... Skipped Option QFXTS4224T48L 1 $1,370.60 $1,370.60 SYNERGY 2 FULL LIFT EXTENSION(POWER PRIMARY), SINGLE, 42" DEEP x 24" WIDE, ARCHED PANEL,48" HIGH, LEFT HAND FO1 -EdenPrairieCOVI.06.visual.sp4 Page 1 of 3 7/14/2015 Part Number Qty Purchase Ext Purchase WORKSURFACE ... Skipped Option PARTITION ... Skipped Option EDGE FINISH ... Skipped Option POWDER ... Skipped Option FABRIC ... Skipped Option QFXTS4224T48R 1 $1,370.60 $1,370.60 SYNERGY 2 FULL LIFT EXTENSION(POWER PRIMARY), SINGLE, 42" DEEP x 24" WIDE, ARCHED PANEL,48" HIGH, RIGHT HAND WORKSURFACE ... Skipped Option PARTITION ... Skipped Option EDGE FINISH ... Skipped Option POWDER ... Skipped Option FABRIC ... Skipped Option QFPPS3648A48 1 $8,140.55 $8,140.55 SYNERGY 2 FULL LIFT POWER PRIMARY, SINGLE,36" DEEP x 48"WIDE, ARCHED PANEL,48" HIGH MULTIPORT M Multiport TCS X No TCS WORKSURFACE ... Skipped Option PARTITION ... Skipped Option EDGE FINISH ... Skipped Option POWDER ... Skipped Option FABRIC ... Skipped Option $11,523.05 Item 2. Storage &Accessories QCS24PS 2 $61.60 $123.20 SYNERGY CAVITY SHELF, 24"WIDE, ADD-ON, PULL-OUT, COMMON - SURFACE&EDGE: Black TXXFR 1 $70.95 $70.95 FOOT REST QCS36PS 2 $74.25 $148.50 SYNERGY CAVITY SHELF, 36" WIDE,ADD-ON, PULL-OUT, COMMON - SURFACE &EDGE: Black 599130 1 $526.35 $526.35 SYNERGY MONITOR ARM- DESK CLAMP, 1 ea. MONITORS(UP TO 21"), HEIGHT ADJUSTABLE, DUAL ARM EXTENSION FO1 - EdenPrairieCOVI.06.visual.sp4 Page 2 of 3 7/14/2015 Part Number Qty Purchase Ext Purchase TXXTCSKTH 1 $2,310.00 $2,310.00 SYNERGY TOTAL COMFORT SYSTEM, HEIGHT ADJUSTABLE PACKAGE, WITH TWO MOBILE(FILTERED) AIR CIRCULATION FANS VERSION ... Skipped Option $3,179.00 Item 3. Installation DNI 1 $5,000.00 $5,000.00 INSTALL CHARGE $5,000.00 Item 4. Freight FREIGHT 1 $2,780.00 $2,780.00 FREIGHT CHARGE $2,780.00 Sub Total: $22,482.05 Grand Total: $22,482.05 Approved By: Date: Name PO: Title 1.State and Local Taxes will apply unless proof of exemption is provided with the Purchase Order. 2.Deposit may be required with order;Net 30 days of Shipment of Product. 3. Chairs are for representational purposes only. 4.Lead time 8 weeks for Synergy and 10 weeks for Mercury product after receipt of Completed Order. 5. Completed Order consist of signed Contract or Purchase Order,Signed Drawings,Signed Color Selection Sheet,and Deposit. 6. Change Order Fee(minimum$500)may be applicable after 5 business days of Complete Order submission. 7.Re-Scheduled Delivery&Installation requires 4 week notification. 8. There will be a$500(Net per order)Finish Configuration Fee added IF a color scheme is chosen outside of the eight(8)standard color schemes. 9.Pricing will be valid for four(4)months after receipt of Purchase Order any orders that have not been manufactured within this time frame will be subject to a price change. FO1 - EdenPrairieCOVI.06.visual.sp4 Page 3 of 3 7/14/2015 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings August 18, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Comfort Inn Eden Prairie Development/Planning Janet Jeremiah/Steve Durham Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Site Plan Review on 3.20 acres Synopsis The applicant plans to update the exterior facade of the building to align itself with the Comfort Inn Brand. This update will include: • Removal of the existing mansard like panel around the perimeter of the building • Update the color scheme to the current brand standard • The addition of cornices at the roof line • Update the Porte Cochere to match the revised building finishes The exterior building material will continue to meet exterior building material code. Background In 1985 The Planning Commission and Council reviewed and approved a 124 room, three-story hotel on this site. An architectural feature included a metal mansard type room around the perimeter of the roof. This architectural feature was not a requirement for development by the City at the time of approval. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the July 13, 2015, meeting. Attachments 1. Resolution Site Plan Review 2. Staff Report dated July 13, 2015 3. Location Map 4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Approved Planning Commission Minutes July 13, 2015 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- A RESOLUTION APPROVING SITE PLAN REVIEW OF COMFORT INN EDEN PRAIRIE WHEREAS, DIYA Hospitality Inc., has applied for a Site Plan approval to modify the roofline of the existing hotel; and WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Site Plan Review of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on July13, 2015 on Comfort Inn Eden Prairie by Michael Monn Architects on behalf of DIVA Hospitality Inc., and considered their request for approval of the Site Plan Review and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on August 18, 2015. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Comfort Inn Eden Prairie, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant Site Plan Review approval as outlined in the Staff Report dated July 13, 2015, and plans marked Comfort Inn Hotel Renovation stamp dated June 29, 2015. ADOPTED by the City Council of the City of Eden Prairie this 18st day of August 18, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A Legal Description: Lot 2, Block 1, Promontory Ridge, Eden Prairie TO: Planning Commission FROM: Steve Durham, Planner II DATE: July 13, 2015 SUBJECT: Comfort Inn Eden Prairie APPLICANT: Michael Monn Architects FEE OWNER: DIYA Hospitality LOCATION: 7740 Flying Cloud Drive, Eden Prairie, MN 120 DAY REVIEW: October 2, 2015 REQUEST: • Site Plan Review on 3.20 acres HISTORY-EXISTING CONDITION In 1985 the Planning Commission and City Council reviewed and approved a 124 room, three- story hotel on the 3.2 acre site. The hotel was constructed in 1986. An architectural feature included a metal mansard panel type structure placed around the perimeter of the buildings' rooftop. The site currently meets the code requirement of 134 parking stalls. Existing landscape has reached maturity and provides screening of the building from various views. COMPREHENSIVE PLAN & ZONING The Comprehensive Guide Plan shows the site guided Commercial Regional Service. The property is zoned Commercial Regional Service C-Reg-Ser. The property to the north across, Highway 212, is Guided Industrial land use and zoned I-2. The property to the south is Guided Regional Commercial and Zoned C-Reg-Ser and Office. SITE PLAN REVIEW The applicant plans to update the exterior facade of the building to align itself with the Comfort Inn Brand. This update will include: • Removal of the existing mansard like panel around the perimeter of the building. • Update the color scheme to the current brand standard. • The addition of cornices at the roof line • Update the Porte Cochere to match the revised building finishes. The proposed site plan revisions meet exterior building material requirements as required by City Code. The proposed exterior building plan revisions are consistent with the original approved exterior building materials. The only alteration will be the removal of the mansard like panel around the perimeter of the building. The existing stucco columns remain, but the existing rounded corners at the third floor level will be squared off. Staff Report— Comfort Inn Eden Prairie July 13, 2015 Page 2 STAFF RECOMMENDATION Recommend approval of the following request: • Site Plan Review on 3.20 acres The recommendation is based on plans stamp dated June 29, 2015, the Staff Report dated July 13, 2015 and the following conditions: 1. Prior to building permit issuance for the property, the proponent shall: A. Color Sample pallets be submitted for Planning Department File. B. Include provision for a bike rack in the proposed plan. The inclusion of a bike rack will promote the Comprehensive goals of the City of Eden Prairie Pedestrian and Bicycle Plan and the goals outlined in the Eden Prairie major Center Area Study. C. Any rooftop mechanical equipment shall be screened at the time of building permit issuance with a metal panel according to City Code, Chapter 11 mechanical screening standard. Area Location Map - Comfort Inn Eden Prairie 2015-07 Site Address: 7740 Flying Cloud Drive, Eden Prairie, Minnesota 55344 , i ' *SWW *44 r iii Highway#212 ) jo00 Flying Cloud Drive Vry • -or /0.1\ ; Prairie Center Drive Interstate 494 Viking Drive III 0 21 4 820 1-I Guide Plan Map - Comfort Inn Eden Prairie 2015-07 7740 Flying Cloud Drive, Eden Prairie, MN 55344 -.... --"illy,4 i U $.7i. (i4/.(‘ Q. • 7740 Flying Cloud Drive ` Flying Cloud Drive Prairie Center Drive ------- ‘4TN. ilk. NMip,, Viking Drive • City •',- en Prairie Land Use ifdAeA 'l, o 0-2020 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre nip Community Commercial Streams 17.7 Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i -B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised -23-06 DATE Revised 0-01-07 EDEN I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collect or DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water tivt•WORK•DHEAM M fO- Office/Public/Open Space Right-Of-Way 440 220 0ogamm�Me mo1.m_o.„®o�o..o.a, o ..o..440 Feet - Industrial Zoning Map - Comfort Inn Eden Prairie 2015-07 7740 Flying Cloud Drive, Eden Prairie, MN 55344 iiiO3 11111,,r-VIIN4'.: Lwiiii)0� 1 * te 7740 Flying Cloud Driv , i „ A e i -..„................_.________________ Flying Cloud Drive SITE Prairie Center Drive Liiii'7... 'P' . Viking Drive �\ illr Cit o q0-:-.—• . irie Zo • • • =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) . 1 1 ,f. t R1-9.5 One Family-9,500 sf min. _Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ll Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDE Office AI Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE iIF t Neighborhood Commercial I I Golf Course Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•WOBIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I I Right of Way -Regional Service Commercial 0 0,075 0.15 Milesm°au_...m..=m._..®..g..o.a.,a o...,sa..m ,..,,mo, Aerial Map - Comfort Inn Eden Prairie 2015-07 Address:7740 Flying Cloud Drive Eden Prairie, Minnesota 55344 .11 P M"I 1110pP - 1 0 '11 P S (e 4.•: -'- '- II', '' .. ‘fill.ir **St"' :1' ' N .-11tokl,...wv.---- ilio •..., . ./ *,,,k - / 44, ,,,,,, _ .„, , , -,,,,,, . ,, if or - , ,. .., , .,, ‘, ..... „., ..„ . . , _ .„ , , ., - - . - .Nk,,,jik, „ : + Frif ` ..„, ,.. _ ,...._ 7740 Flying Cloud Drive Or ) - • Flying C(erloud Drive '' " - _ . , ,, „ i . ` �_ � . �1-- Prairie Center Drive F ,-(--- a' �N ='fF ! e t. ��o f .t., Viking Drive X N.. .1 1 -i _. NOV- - ._____ _ 46,- Vitiki mow L rr 4ti C _ 'N., to/ ^-� --.g fK� v. "'4� 0 210 4 (�'it 840 F--t \m■11 1 .: APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JULY 13, 2015 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr STAFF MEMBERS: Regina Dean, Senior Planner Rod Rue, City Engineer Janet Jeremiah, Community Development Director Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE —ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Pieper and Weber were absent. II. APPROVAL OF AGENDA MOTION by Kirk, seconded by Farr, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JUNE 22,2015 Farr had a change on page 5, Hearing C,paragraph 4. Farr would like to change the word transformer to connection cabinet. MOTION by Higgins, seconded by Kirk, to approve the minutes. Motion carried 4-0. Stoltz abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS Eden Prairie Planning Commission Minutes July 13, 2015 Page 2 Eden Prairie Planning Commission Minutes July 13, 2015 Page 2 A. COMFORT INN Eden Prairie by Michael Monn Architects Location: 7740 Flying Cloud Drive Request for: • Site Plan Review on 3.20 acres Michael Monn, architect for the project,presented the proposal. He said they would like to rebrand this hotel as the Comfort Inn. They are looking at four areas which would be; removal of the existing mansard panel around the building, update the color scheme to the current brand standard, the addition of cornices at the roof line and lastly to update the Porte Cochere to match the revised building finishes. The only concern may be taking off the mansard and what could be behind it. Most of the updates will be inside. Chair Stoltz asked Dean to review the staff report. Dean said staff recommendation is for approval based on the stipulations on page 2 of the staff report. Chair Stoltz opened the meeting up for public input. There was no input. Mr. Monn commented that they do not have any issues with putting in the bike rack, but would like to know the intent of this and what would work best. Dean said it would be for employee use. MOTION by Kirk, seconded by Wuttke, to close the public hearing. Motion carried 5-0. MOTION by Kirk, seconded by Wuttke, to recommend approval of the Site Plan Review on 3.20 acres with conditions based on plans stamp dated June 5, 2015 and the information included in the staff report dated July 13, 2015. Motion carried 5-0. B. CITY CODE AMENDMENT—ESTABLISH A TRANSIT ORIENTED DEVELOPMENT (TOD)ZONING DISTRICT by City of Eden Prairie Request to: • Amend City Code Chapter 11, including establishment of a Transit Oriented Development Zoning District and regulation for the zoning district. Dean presented the City Code Amendment. She stated in December of 2012, the City received a grant of$60,000 from the Metropolitan Council Livable Eden Prairie Planning Commission Minutes July 13, 2015 Page 3 Eden Prairie Planning Commission Minutes July 13, 2015 Page 3 Communities Act Transit Oriented Development Pre-Development grant fund. Tonight we have a draft ordinance for discussion of language only. The draft ordinance includes the following: 1. Purpose 2. Applicability 3. Development Standards 4. Building Standards 5. Off-street vehicle standards 6. On-site bike facility standards 7. Landscaping 8. Supplemental Analysis Based on staff and stakeholder input, staff has proposed changes within the following general themes: 1. Town Center and TOD Ordinance 2. Infrastructure Impacts (including height and stories) 3. Applicability of the Ordinance 4. Building Standards 5. Vehicle Parking Standards 6. Bike Parking Standards 7. Landscaping 8. Transportation Demand Management(TDM) Requirements Based upon previous Commission input, staff recommends retaining the Town Center Ordinance with some minor changes. The TOD Ordinance is intended for the other four LRT station areas including Mitchell Road, which we recommend keeping in our Comp Plan as a future station area. Density limits would be established in the Comprehensive Plan based upon infrastructure capacity determined by traffic and utility studies. Future applicability of the ordinance would generally be the 10-minute walkshed from the station. However, it would be specifically designated by the Comprehensive Plan and would exclude certain properties such as single-family homes. Property owner requests could also be considered outside the 10-minute walkshed. The Applicability section of the proposed ordinance is being refined based upon a recent discussion with the City Attorney. It will reference the non-conforming use of State law and PUD Code for process. The proposed timeline for Ordinance Adoption is contingent on what happens this evening. Eden Prairie Planning Commission Minutes July 13, 2015 Page 4 Eden Prairie Planning Commission Minutes July 13, 2015 Page 4 If approved by City Council, the next steps would be: 1. Review of the Comprehensive Guide Plan Language 2. Evaluation of the Comprehensive Guide Plan Land Use Map 3. Planning Commission and City Council Review of the proposed Comprehensive Guide Plan Changes 4. Metropolitan Council Review of Comprehensive Guide Plan Changes 5. Implement zoning of properties for TOD and Town Center Staff recommendation is for approval. Kirk asked Dean why we are using comprehensive plan language instead of regular language. Dean said it gives us greater flexibility. Jeremiah said this is not a one size fits all, so the comprehensive plan can give us that flexibility and clarity. Wuttke asked how specific we need to be with the language. Dean said to just look at it as a placeholder until the comprehensive plan is adopted. Kirk commented he felt we are ahead of ourselves, but for a good reason in regards to funding. It will not go into place realistically until more actions are taken place. Dean said they are going to build into this a planned unit development to work with the transition. Chair Stoltz opened the meeting up for public input. Rick Weiblen,with Liberty Properties, said they have numerous properties in the area and have not had enough time to fully review it but have talked to Dean today in regards to some of the things in the plan. He stated his big concern is some of the current properties may not meet the code set up in this ordinance. In regards to timing, we need to look at it as a work in progress. Chair Stoltz asked if he feels comfortable if the Commission moves forward. Mr. Weiblen said he feels comfortable. Farr asked if we could go through subdivision by subdivision. Chair Stoltz said he does not believe the City wants the Commission to get into that level of detail. Dean said that was correct. Kirk said we are approving a document that is a work in progress and could change in the future. Wuttke said he has reservations about approving this tonight. Eden Prairie Planning Commission Minutes July 13, 2015 Page 5 Eden Prairie Planning Commission Minutes July 13, 2015 Page 5 Jeremiah said it is good for the Commission to make comments tonight related to land use and design provisions in the ordinance,but do not worry too much about word-smithing the specific language because it will get additional staff and legal review before going to City Council. Wuttke said he would like to go section by section. Chair Stoltz said we will start out with Subdivision 1. Wuttke said he did not have any issues. Higgins said in B, the word"complementary"raises a question about things that are already uses when they become complementary. Farr said the verbs ensure and incorporate have mandatory comments. In regards to complementary, that just means, "greasing the wheels". Subdivision X—Fan said in regards to 0, Joint Use Parking, there are two redundant statements. Wuttke said in regards to A, he asked if we had parking garages. Since we are at the beginning of the LRT line,he would like to strike, "eliminate the need to rely on a car for transportation", as we want people to drive into the area. Subdivision 2 - Farr said the second paragraph should go first. Subdivision 3 —Farr said in A,under performance standards it talks about off street parking and deliveries and we are encouraging on street parking. In regards to this,we would have to get 2 to 3 loading docks. Wuttke said there should be short term parking. Kirk said we need some language in regards to loading. In regards to B, Wuttke said in regards to vertical articulation buildings and buildings over 4 floors there has to be an 8 foot step back. Dean said waivers can be requested for step backs. Farr said in regards to the three diagrams, he would suggest the building entrances be attached. One size fits all should not apply to 60 feet entrances to stacked and attached buildings. He stated mixed messages are being sent. The diagram is on page 8. In regards to the diagram on page 10, we should be promoting accessible building entrances. Wuttke said on page 9, under performance standards, he is concerned about noise. Dean said that is addressed in the noise ordinance. In regards to C, Farr said in regards to the diagram on page 12, the stacked and adjacent buildings are hard to have entrances every 60 feet and would like to have visibility into the building. Higgins said in regards to drive thru banks, she has seen it work well in a parking garage with separation from the parking. Wuttke asked if bank holders were concerned with standards. Dean said they were shareholders and she did not hear anything. Eden Prairie Planning Commission Minutes July 13, 2015 Page 6 Eden Prairie Planning Commission Minutes July 13, 2015 Page 6 Subdivision 4—Under A, Farr said he has a concern again about the entrances every 60 feet. In regards to buildings being open to the public during all business hours, he said we should not make them do this. Subdivision 5 —Fan said on street parking is encouraged but the City does not say anything about it. In regards to B, he said this is a cast and design burden. Dean said they are open to looking at areas as a change. Subdivision 6—Fan said in regards to C, we are not allowing enough room for this and there should be more than 50 feet. Subdivision 7 —Wuttke asked what the new standards will look like in the area. Dean said they are currently reviewing landscaping standards and there will be further review on this. Fan asked if the intent of Subd. 7 were to require all open spaces in all districts or could there be private areas. Dean said anything on ground level would be public, but going up could be private. Wuttke said in regards to a pocket park, he does not believe there should be public access to a privately owned courtyard. Jeremiah said it is okay for people to have private courtyards but they might not count as public open space. Dean said in regards to this, when development comes in, you can speak with the applicant. Subdivision 8 —Farr said he would like to see TDM's be applicable to residential uses. Wuttke said he had two questions. The first is in regards to the application of permeable pavers and there was nothing referenced in the draft about this and could it be applied somewhere. He asked if said we could have green space and permeable space apply to the infiltration of permeable percent area requirements. Rue said some of the green space can be infiltration or permeable space. Wuttke asked if the Town Center study could be applied. Rue said we need to recognize right of way needs for this purpose. Fan said we should be providing more storm water management in this area. This could be an opportunity for us for new developers. Kirk said he is marginally comfortable with this draft; Chair Stoltz and Higgins concurred. Wuttke said he is not comfortable with moving this along so fast. Dean said this could come back at the next Planning Commission meeting. Eden Prairie Planning Commission Minutes July 13, 2015 Page 7 Eden Prairie Planning Commission Minutes July 13, 2015 Page 7 Wuttke said he would like changes to be red-lined. MOTION by Kirk, seconded by Wuttke, to recommend a continuance to the July 27, 2015 meeting. Motion carried 5-0. VII. PLANNERS' REPORT No Planners' Report VIII. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE—LIGHT RAIL No Members' Report IX. CONTINUING BUSINESS No continuing business. X. NEW BUSINESS No new business. XI. ADJOURNMENT MOTION by Higgins, seconded by Kirk, to adjourn the Planning Commission meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 9:28 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings August 18, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community WAND Corporation Development/Planning Janet Jeremiah/Tania Mahtani Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Review within the Industrial Park 1-2 Zoning District on 2.88 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis WAND Corporation currently has its headquarters located in the building at 7605 Corporate Way. WAND is proposing to retain the 7605 Corporate Way facility for warehouse purposes and move its headquarters to 7575 Corporate Way. The property is zoned Industrial Park 1-2, which allows office uses up to 50%. The property received a variance in 1982 to allow 77% office use. The applicant is requesting a Planned Unit Development Waiver to allow the building at 7575 Corporate Way to be used as 100% office. City Code requires offices uses to provide on-site parking at 5 parking stalls per 1,000 square feet of Gross Floor Area. The property at 7575 Corporate Way currently has 85 parking stalls on site and to be consistent with City Code requirements for office parking, would require 119 stalls for 100% office use. The property is encumbered by shoreland, floodplain, and wetland impacts. WAND has provided a revised"proof of parking"plan that shows 119 total parking stalls located outside of these areas. The site should not assume any parking availability on the street. Overflow parking has been identified on Corporate Way as an issue in the past. WAND Corporation's move to the new facility is expected to help alleviate this issue. Because WAND has indicated that 85 parking spaces would meet the need of their business, staff is not recommending that any"proof of parking" spaces be constructed at this time. However, due to the identified parking issues on Corporate Way, one of such factors that may necessitate construction of the proof of parking in the future includes if there is parking occurring on the street. All parking constructed will be required to meet all City regulations and Riley Purgatory Creek Watershed District regulations at the time which it is built. Staff recommends tying the 100% office waiver to WAND as building occupant, to ensure parking issues do not arise in the future. This waiver is transferable to future users provided that the future user(s) can demonstrate that the site meets their parking needs with the amount of parking on the site at the time of transfer. The following PUD waivers are proposed: 1. Waiver to allow 100% office use in the I-2 zoning district. The business model WAND Corporation has presented indicates that they will be able to accommodate their parking needs with the 85 stalls provided on the site. The approval to operate at 100% office use is granted to WAND Corporation as the building occupant. If WAND vacates the premises, the waiver is transferable to future users provided that the future user(s) can demonstrate that the site meets their parking needs with the amount of parking on site at the time of transfer. The future user should demonstrate the site meets their parking needs by providing an Employee Parking forecast, similar to the Employee Parking Forecast provided by WAND Corporation, attached. 2. Waiver to exceed the amount of impervious surface within a shoreland area consistent with existing conditions depicted on plans stamp dated July 7, 2015. The parking already constructed on the site exceeds the 30%requirement; therefore it is an existing condition. Background The 120-Day Review Period Expires on November 4, 2015. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the July 27, 2015 meeting. Attachments 1. Ordinance 2. Staff Report dated 7-24-1 5 3. Location Map 4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Planning Commission Minutes 8. Employee Parking Forecast WAND CORPORATION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2015-PUD- -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the I-2 Industrial Park Zoning District-2015-PUD-_-2015 (hereinafter "PUD-_-2015-j. Section 3. The City Council hereby makes the following findings: A. PUD- -2015- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD- -2015- is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2015-_are justified by the design of the development described therein. D. PUD- -2015- is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2015, entered into between 7575 Management LLC and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-_-2015- , and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the I-2 Industrial Park District and shall be included hereafter in the Planned Unit Development_-2015- , and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of August 2015, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of 2015. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2015. EXHIBIT A PUD Legal Description — Lot 7, Block 2, Edenvale Industrial Park STAFF REPORT TO: Planning Commission FROM: Tania Mahtani, Planner I DATE: July 24, 2015 PROJECT: WAND Corporation LOCATION: 7575 Corporate Way APPLICANT: Dave Perrill OWNER: WAND Corporation 120 DAY REVIEW: Expires November 4, 2015 REQUEST: • Planned Unit Development District Review with waivers on 2.88 acres • Zoning District Amendment within the I-2 Industrial Park Zone on 2.88 acres BACKGROUND The Comprehensive Guide Plan shows the site as Industrial. Surrounding land uses are Industrial and Golf Course. The property is zoned I-2. Surrounding zoning is I-2 and Golf Course. The property is part of the Edenvale PUD approved in 1971. City Code allows a maximum of 50% of the total floor area of the building to be used for office in the I-2 zoning district. In 1982, the property was granted a variance to use the building as 77% office. SITE PLAN WAND Corporation currently has its headquarters at the building at 7605 Corporate Way. WAND is proposing to retain the 7605 Corporate Way facility for warehouse purposes and move its headquarters to 7575 Corporate Way. The applicant is requesting a Planned Unit Development Waiver to allow the building at 7575 Corporate Way to be used as 100% office. PARKING City Code requires offices uses to provide on-site parking at 5 parking stalls per 1,000 square feet of Gross Floor Area. The property at 7575 Corporate Way would require 119 stalls for 100% office use. The site currently has 85 parking spaces, and WAND has provided a plan that shows Staff Report—WAND Corporation July 27, 2015 Page 2 an additional 34 parking spaces as "proof of parking" spaces. The applicant has indicated that 85 parking spaces would accommodate the needs of their employees in the future. WAND Corporation has a 24-7 Technical Assistance Center with employees working 3 shifts. Additionally, WAND plans to hire more remote employees and continue to build its work from home policy. WAND has provided their five year employee parking forecast plan, which indicates that no more than 84 employees will utilize the parking lot at one time. The site should not assume any parking availability on the street. Overflow parking has been identified on Corporate Way as an issue in the past. WAND Corporation's move to the new facility is expected to help alleviate this issue. Since WAND has indicated that they do not need more than 85 parking spaces, staff recommends that the "proof of parking"not be constructed at this time. Additionally, the site is impacted by shoreland, floodplain, and wetland. Due to these constraints, only a portion of the 34 "proof of parking" spaces could be constructed without additional public review by the City or watershed district. Therefore, staff will be requiring a revised"proof of parking"plan that does not show any"proof of parking" in the shoreland areas, floodplain, or currently required wetland buffer. This information will be required prior to 1st reading at the City Council. TRAFFIC DEMAND MANAGEMENT (TDM) The attached TDM plan demonstrates goals and mechanisms for WAND to reduce peak hour traffic. TDM plans are required for all new projects on properties zoned either Office or Industrial. The plan identifies strategies to reduce traffic such as incentivizing carpooling, providing bicycling facilities and showers, and encouraging telecommuting. The TDM plan forecasts a 15%reduction in single vehicle travel by 2019. SHORELAND AND WETLAND The 7575 Corporate Way property is partially within a shoreland area, as a portion of the parcel is within 300 feet of Purgatory Creek. Per City Code, the portion of the property within a shoreland area can have a maximum of 30% impervious surface. The property currently exceeds 30% impervious surface in the portion within a shoreland area, therefore it is an existing condition. A portion of the property within 7575 Corporate Way is also partially within a FEMA floodplain area. Should the "proof of parking"need to be built in the future, the plan will be reviewed based on the shoreland requirements in place at that time. A portion of the property includes a wetland that is being used for stormwater treatment. The 2 Staff Report—WAND Corporation July 27, 2015 Page 3 applicant has provided a Wetland Delineation Report and MnRAM analysis. Preliminary review of the MnRAM analysis indicates that the wetland is moderate quality and would require a minimum buffer width of 20 feet and an average buffer width of 40 feet. However, in order to complete the review of the Wetland and MnRAM analysis, additional information, including a field evaluation and wetland buffer evaluation, is required to do a full analysis and to determine if the proposed "proof of parking"would meet the buffer requirements. The full evaluation needs to be completed prior to the project being scheduled for a City Council public hearing. STAFF RECOMMENDATION WAND's business plan indicates that the existing 85 parking spaces on site will meet its business needs. Therefore a change to 100% office is viable for WAND with the parking that currently exists on the site. Due to the shoreland, wetland, and floodplain impacts on the site, it has not been determined how many of the"proof of parking stalls" could be constructed without additional public process through the City and Watershed District. Staff recommends tying the 100% office waiver to WAND as building occupant, to ensure parking issues do not arise in the future. This waiver is transferable to future users provided that the future user(s) can demonstrate that the site meets their parking needs with the amount of parking on the site at the time of transfer. The future user should demonstrate the site meets their parking needs by providing an Employee Parking forecast, similar to the Employee Parking Forecast provided by WAND Corporation in the plans stamp dated July 7, 2015. Recommend approval of the following request: • Planned Unit Development District Review with waivers on 2.88 acres • Zoning District Amendment within the I-2 Industrial Park Zone on 2.88 acres Staff recommends approval base on plans stamp dated July 7, 2015, Staff Report dated July 24, 2015 and the following conditions: 1. Prior to the project being scheduled for a City Council public hearing, the following information is required: A. Submittal of the Application for Review of Wetland Determinations, including the LGU Review Fee of$1,350. B. Field review to determine the accuracy of the wetland delineation and to determine the wetland buffer conditions. C. Wetland buffer analysis, including the calculations for the required buffer averaging. 3 Staff Report—WAND Corporation July 27, 2015 Page 4 D. Site map showing the proposed wetland buffer, including the area that will be used to meet the averaging requirements. E. Confirmation that the Riley-Purgatory-Bluff Creek Watershed District accepts the buffer averaging plan. 2. Prior to the first review of the project by City Council, the following information is required: A. A revised"proof of parking"plan that does not show any"proof of parking" in the shoreland areas, floodplain, or currently required wetland buffer. 3. Prior to building permit issuance for the property: A. The proponent shall provide a monetary security, equal to the value of the 2-year Travel Demand Management Plan budget. B. A Conservation Easement must be placed over the wetland and wetland buffer. 4. Should the "proof of parking"need to be installed: A. At such time as the City Manager, in his or her sole discretion, determines that it is necessary for all of portion of the proof of parking spaces to be constructed in order to accommodate the use, the City Manager shall notify the Developer in writing of the need to construct additional proof of parking spaces. One of such factors that will necessitate construction of the proof of parking includes if there is parking occurring on the street. This notification shall include the number, location and timetable for construction of the additional proof-of-parking spaces. Developer shall comply with all the requirements in the City Manager's notification. B. Parking will be required to meet City regulations and Riley Purgatory Creek Watershed District regulations at the time in which it is built. C. In the event that the proof of parking is implemented, a Land Alteration Permit will be required from the City as well as the Riley Purgatory Bluff Creek Watershed District. In conjunction with issuance of the Land Alteration Permit for construction of the "proof of parking", a storm water management plan that conforms to regulations in place at that time will be required. 5. The following waivers have been granted through the PUD District Review for the 4 Staff Report—WAND Corporation July 27, 2015 Page 5 property: A. Waiver to allow 100% office use in the I-2 zoning district. The business model that WAND Corporation has presented indicates that they will be able to accommodate their parking needs with the 85 stalls provided on the site. The approval to operate at 100% office use is granted to WAND Corporation as the building occupant. If WAND vacates the premises, the waiver is transferable to future users provided that the future user(s) can demonstrate that the site meets their parking needs with the amount of parking on site at the time of transfer. The future user should demonstrate the site meets their parking needs by providing an Employee Parking forecast, similar to the Employee Parking Forecast provided by WAND Corporation in the plans stamp dated July 7, 2015. B. Waiver to exceed the amount of impervious surface within a shoreland area consistent with existing conditions depicted on plans stamp dated July 7, 2015. The parking already constructed on the site exceeds the 30% requirement, therefore it is an existing condition. 5 Area Location Map-- WAND Corporation Address: 7575 Corporate Way Eden Prairie, MN 55344 z / _ _M,W1 - % - - LL 7 / "*. Corporate Way - N w o \ U ENTuRF N - _ _ MARTIN DR 0 175 ZOD_Fee — 1 1 1 1 1 1 1 1 1 Guide Plan Map WAND Corporation 7575 Corporate Way, Eden Prairie, MN Ii \ss",-..... Fq/6 -------"?...\—•-• 1.4 I Alp 441117„ Corporate Way �� ` r lb ,,,, / \ fb. \ I• Martin Drive 0 U II I ,/ , / MARTIN DR / Legend n Lakes III■Industrial Streams N n Rural Residential 0.10 Units/Acre I Neighborhood Commercial 1 Principal Arterial Low Density Residential 0-2.5 Units/Acre Community Commercial —A Minor Arterial ®Low Density/Public/Open Space Regional Commercial * +: 11 III■Medium Density residential 2.5-10 Units/Acre®Town Center —B Minor Arterial ®Medium Density Residential/Office MA Park/Open Space —Major Collector EDEN III■High Density Residential 10-40 Units/Acre I Public/Quasi-Public —Minor Collector -Airport I 1 Golf Course Date Revised 03-01-2014 PRAIRIE Office III■Church/Cemetary 17- Office/Industrial 1 Open Water ^l,�° °� LIVE•WORK•DHEAM I'�Office/Public/Open Space III■Right-Of-Way .e�.� "°°1pZ°"` `°m52:.," °° m°° ,�°°ZE.„ ,,,,mm„m„ 0 210 420 �840 Feet I I I I I I I 1 Zoning Map WAND Corporation 7575 Corporate Way, Eden Prairie, MN 55344 ---- — So. E. l �� -- L V 0po. ..._____- I .,. rr SITE I Corporate Way _ —__.__[ Martin Drive ----... ___..._ 1(--____ --., _3 \- k 7 (_ ': , MARTINDRif-.---_____ . _ , ___-___-___F-7/ y 2 Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. i—I TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. n TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. ji TC-MU I GD I General Development Waters(Creeks Only) t p i R1-9.5 One Family-9,500 sf min. I Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. En Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#19-2013 -RM-2.5 Multi-Family-17.4 U.P.A.max. General Industrial-5 Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2014 Neighborhood Commercial I I Golf Course In case ofdiscrepency related to a zoning ciassitmaaon on this zoning trap,the Ordinance 4IVE•w OKK•OREAM and attached legal description on file at Eden Paine Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.075 0.15 -Regional Service Commercial Miles .waL_o...m..=m._..®..&..,.a.,a ..o...,. ..m ..,,m„ Aerial Map WAND Corporation 7575 Corporate Way, Eden Prairie, MN rAgigio iim- vw,5.--- --. 411;••••••04 , .._ -iir 41, . -.. -•-. . • • ' 7. -.. . ..,,,, , .. ..i.:,. . . i,.- _4*.. .-ii:.t ,V,' - 1,.0. . ' • r ' d 7fyrr• �y - i 'C i • rMr J. r dr • •Jr •wti' - '-: If• 0 .• ..1 ,.. • • SITE Ow % ' / _1114 ;,,,O, . .r `10 ' Corporate Way , • • . ,. . .4,,,ii-- ..„..,, ,..„- , r . .... . , Nit, .. ;, .:. • OPP fir yy[y( �r • d ti7 1 '1, 7 a .a$ ' , - r-• L 4 ��T 1 a! rp`<. 'r .c I • • 1 V INIIII i[.-.a' • • • i 3' w r i- -5.//t• -- .z. iii,,. .... I, ...,. . .. . ,... iiii4._i ,.,, . 1� 40 - s Martin Drive • i * L..,...i, TIN ii7,,\...„ -..... .. • .'. ir111w. s.MIMMI APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JULY 27, 2015 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr STAFF MEMBERS: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Janet Jeremiah, Community Development Director Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Weber was absent. II. APPROVAL OF AGENDA MOTION by Higgins, seconded by Farr, to approve the agenda. Motion carried 6-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JULY 13, 2015 Wuttke had the following changes to the minutes. Page 5, under Subdivision X, 3rd sentence, he would like the first sentence to read; "Since we are at the beginning of the LRT line, he would like to strike, ...." Page 5,under Subdivision 3, 5d'and 6th sentence, he would like the word setbacks changed to step backs. Page 6, Subdivision 7, 5th sentence, he would like it to read"....he does not believe there should be public access to a privately owned courtyard." Page 6, Subdivision 8, 3rd sentence, "He asked if we could have green space and permeable space apply to the infiltration of permeable percent area requirements. MOTION by Wuttke, seconded by Kirk, to approve the amended minutes. Motion carried 5-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS Eden Prairie Planning Commission Minutes July 27, 2015 Page 2 VI. PUBLIC HEARINGS D. WAND CORPORATION by Wand Corporation Location: 7575 Corporate Way Request for: • Planned Unit Development District Review with waivers on 2.88 acres • Zoning District Amendment within the I-2 Industrial Park zoning district on 2.88 acres Dave Perrill, President of Wand Corporation,presented the proposal. He stated they would like to retain the 7605 Corporate Way facility for warehouse purposes and move to 7575 Corporate Way and make it their headquarters. They are expecting to grow and because of that they need a larger facility. This is in line with their five year growth plan. They are requesting a PUD waiver and would like to take out warehouse space and turn it into office space. Chair Stoltz asked Klima to review the staff report. Klima said staff recommendation is for approval based on recommendations in the staff report. Chair Stoltz opened the meeting up for public input. There was no input. Kirk asked what it means by, "waiver is transferable". Klima said if a subsequent applicant can demonstrate the site meets their parking needs, the waiver could transfer from WAND to subsequent users. Pieper asked if the project proponent anticipates 126 employees in 5 years, won't it go over the 85 parking spots. Mr. Perrill said they are utilizing both buildings and some people are working remotely plus there is shift work. MOTION by Farr, seconded by Wuttke, to close the public hearing. Motion carried 6-0. MOTION by Farr, seconded by Wuttke, to recommend approval of the Planned Unit Development District Review with waivers on 2.88 acres and Zoning District Amendment within the I-2 Zoning District on 2.88 acres based on plans stamp dated July 7, 2015 and the information included in the staff report dated July 24, 2015. Motion carried 6-0. VII. PLANNERS' REPORT No Planners' Report VIII. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE—LIGHT RAIL Eden Prairie Planning Commission Minutes July 27, 2015 Page 3 No Members' Report IX. CONTINUING BUSINESS No continuing business. X. NEW BUSINESS No new business. XI. ADJOURNMENT MOTION by Wuttke, seconded by Farr, to adjourn the Planning Commission meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 8:08 p.m. WAND Corporation-Employee Parking Forecast for 7575 Corporate Way-June 19,2015 Year 2015 2016 2017 2018 2019 Employees to Start Year 95 104 126 143 153 New New Hires 9 22 17 10 15 Total Employees 104 126 143 153 168 Narrative: PTO(11%away from office) 11 13 15 16 18 On average,WAND has 11%of employees on PTO Remote Employees 6 7 10 12 15 WAND forecasts hiring more remote employees Work From Home 5 12 14 22 25 WAND will continue to build its work from home policy to accommodate more individuals telecommuting 2nd and 3rd shifts 6 10 14 17 20 WAND has a 24x7x365 Technical Assistance Center with employees working 3 shifts. TDM Plan(15%by 2019) 7 10 11 The travel demand management plan forecasts a 15%reduction in single vehicle travel by 2019. These are phased in at 5%starting in 2017 moving to 7%as work from home is already counted. Maximum Employees to Park 76 84 83 76 79 ------------ RECEIVED Planning Department JUL 0 7 Z015 City of Eden Prairie CITY COUNCIL AGENDA DATE: SECTION: Public Hearings August 18, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community Public Hearing and First Reading of the Development/Planning Transit Oriented Development(TOD) Janet Jeremiah/Regina Dean Ordinance Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Transit Oriented Development Ordinance; and • Direct staff to begin preparing associated amendments to the other sections of Chapter 11 including the Town Center Ordinance, Site Plan and Architectural Design Review Ordinance, and Planned Unit Development Ordinance. Synopsis The intent of the Transit Oriented Development(TOD) ordinance is to provide for development of attractive, compact,pedestrian-friendly, high density, environmentally and economically sustainable, transit-oriented areas which allow a complementary mix of land uses. A TOD land use pattern is intended to support transit system investments, optimizes development opportunities, and help achieve many goals and policies outlined in the Eden Prairie Comprehensive Plan. The proposed ordinance includes three Transit Oriented Development(TOD) zoning districts: A. The TOD-Mixed Use (TOD-MU) district encourages high-density, mixed-use, and pedestrian-oriented development that supports transit usage with predominantly commercial ground floor uses and upper story offices, residential and/or hotel. B. The TOD-Residential (TOD-R) district allows for moderate-to high-density residential development with some allowance for ground floor neighborhood commercial and restaurant uses. C. The TOD-Employment (TOD-E) district allows for moderate-to high-density office and light industrial development with some allowance for neighborhood commercial and restaurant uses. All of the districts allow certain public uses such as libraries,parks and public parking ramps. The proposed ordinance also addresses Purpose, Definitions, Applicability, Permitted Uses, Development Standards, Building Standards, Parking Standards, Pedestrian/Bicycle Facility Standards, Landscaping and Open Space Standards, Supplemental Analysis or Study requirements (Traffic, Travel Demand Management, and Parking), Architectural Standards, Signage, Lighting, Mechanical Equipment/Trash/Loading Facilities, and Tree Replacement. The ordinance is generally intended for areas within a 10-minute walk of existing or future transit stations. However, the ordinance will not be applicable to any properties until such time as the Comprehensive Plan has been amended to include a Transit-Oriented Development(TOD) land use designation and an individual property is subsequently re-guided and rezoned to TOD. These future actions could be initiated by the City after further evaluation of the infrastructure capacity and specific desired development for the transit areas or by request of individual property owners. In the Town Center station area, staff and the Planning Commission recommend retaining the Town Center Comprehensive Plan designation and making future minor amendments to the Town Center Zoning Ordinance to include certain TOD requirements such as bicycle parking. In response to stakeholder feedback, staff and the Planning Commission also recommend beginning the process for amending the Site Plan and Architectural Review and Planned Unit Development ordinances to allow more streamlined processes for minor property and building changes. Staff is requesting the Council's direction to begin the process for these and other associated Chapter 11 Code amendments, which would include future public hearings at the Planning Commission and City Council. Planning Commission Recommendation The Planning Commission held a public hearing and had a thorough discussion of the TOD ordinance at their July 13, 2015 meeting. The Planning Commission recommended continuance so staff could incorporate additional recommendations. The Planning Commission continued the public hearing and voted 6-0 to recommend approval of the TOD ordinance at their July 27, 2015 meeting. Background In December of 2012, the City of Eden Prairie received $60,000 from the Metropolitan Council Livable Communities Act Transit Oriented Development Pre-Development grant fund. The City provided a$15,000 match consisting of in-kind staff services. With the grant funds the City hired consultant, HKGi, to prepare a TOD Zoning Ordinance for all 5 proposed light rail stations within Eden Prairie including: City West, Golden Triangle, Town Center, Southwest and Mitchell Road. A requirement of the grant agreement was to complete TOD ordinance language by December 31, 2014. The draft Transit Oriented Development Ordinance is a result of ongoing initiatives in which Eden Prairie has been involved with for some time. A working draft of the TOD Ordinance was prepared based on supportive policy documents and studies identified below: • Comprehensive Guide Plan including the Transportation, Redevelopment &Economic Development, and Active Community Planning Chapters. • Golden Triangle Study • Golden Triangle—EPA/Global Green Study • Major Center Area Study • Town Center Design Guidelines • Town Center Zoning Ordinance • 2012 Housing and Economic Development Strategic Plan • Southwest Corridor Investment Framework(TSAAP) In addition to the transit supportive policies listed above, in 2014, a series of meetings occurred with HKGi to help inform the language proposed for the draft TOD ordinance. Outreach occurred with the stakeholders (property owners within the 10-minute walkshed of stations), City Council, Planning Commission, Conservation Commission, and Eden Prairie Chamber of Commerce Government Committee on the dates listed below: April 16, 2014: Kick-off meeting with City Staff, City Council, Commissions and community and business stakeholders. July 14, 2014: Planning Commission—Visual Preference Survey. August 11, 2014: Planning Commission—Update of the Visual Preference Survey results and an outline of the proposed TOD Ordinance. September 9, 2014: Chamber of Commerce Government Committee. October 7, 2014: City Council Workshop. December 8, 2014: Planning Commission review of the draft TOD Ordinance. December 9, 2014: Conservation Commission review of the draft TOD Ordinance. February 11, 2015: Stakeholder Open House to obtain additional feedback on the draft. February, 2015: Planning Commission- Town Center ordinance comparison and next steps June, 2015: Planning Commission review of redraft based upon stakeholder comments. July 13, 2015: Planning Commission Public Hearing on draft TOD Ordinance. July 27, 2015: Planning Commission Continued Public Hearing on revised TOD Ordinance. March - August 2015: E-mail updates and individual meetings/calls with stakeholders and staff. Below is a summary of comments received from stakeholders and Planning Commission and how they are being addressed: • General TOD Support- Generally stakeholders were supportive of the concept of TOD. Two stakeholders were not supportive of TOD or Light Rail. • Future Implementation - Stakeholders expressed some concerns about the future implementation of zoning on the ground and the potential for non-conforming status. Further analysis is being done regarding the impacts on individual properties and whether they would be recommended for future TOD guiding and zoning. The Comprehensive Plan could also address appropriate timing of zoning implementation. • Flexibility- Stakeholders expressed preference for an ordinance that offers transition and compromise and would like flexibility if they were to propose redevelopment in the future. This has been addressed with specific amendments to the TOD ordinance to clarify that many requirements would apply only to frontages on primary transit streets that will be identified in the Comprehensive Plan and by utilizing a streamlined Site Plan and Architectural review or PUD process to address potential waivers. • Parking - Stakeholders expressed concern over the originally proposed Office use parking maximum of 4 spaces per 1,000 square feet of gross floor area. The maximum was changed to 5 parking spaces per 1,000 square feet and no further concerns have been raised. • Height/Density - Height/number of stories was generally not a stakeholder concern. However, the question of how a minimum two-story height might be applied to an industrial use was raised at the continued Planning Commission public hearing. The Planning Commission discussed the pros and cons in these limited TOD areas and determined that the issue could be addressed in the future on a case-by-case basis without amendments to the ordinance that would have other ramifications. • Sustainability—Stakeholders indicated that sustainability features are typically incorporated based on tenant requests or cost benefit for the property owner. Such features are not currently required in the TOD Ordinance but are being discussed with the City-wide Design Guidelines and could be incorporated into Comprehensive Plan or other policies guiding implementation. • Bicycle Parking - Stakeholders expressed concern over the original amount of bike parking proposed to be required. The bike parking requirement was decreased and modified to allow flexibility for shared parking and proof of parking. • TOD Examples - Stakeholders provided positive examples of TOD developments they were familiar with. • Town Center and TOD Ordinance—based on existing policy, Planning Commission feedback and staff analysis it was determined that the Town Center zoning ordinance is most compatible with the City's vision established by the Major Center Area Study and Town Center Design Guidelines. It is proposed that the TOD ordinance will not apply to the area that is currently guided Town Center. In this scenario, the area would remain guided Town Center and would be rezoned to Town Center. Staff will continue to develop language for the Town Center zoning ordinance to strengthen existing elements of TOD. Future proposed changes to the Town Center zoning ordinance may include bike parking requirements, additional landscaping options, and Travel Demand Management(TDM)plan requirements. • Infrastructure Impacts (including potential maximum height and density limits)— this has been primarily a staff concern that was discussed with the Planning Commission due to potential infrastructure capacity issues, the concern with initial developments potentially depleting that capacity, and potential shading issues. The Planning Commission concurred with staff's recommendation to complete further analysis and address appropriate maximums for different TOD areas in the Comprehensive Guide Plan. • Applicability of the Ordinance to existing properties—The State non-conforming statute is referenced which would apply to existing properties that might be rezoned in the future. Proposed development within the TOD will be subject to a Site Plan and Architectural Design Review and the Planned Unit Development Process which is consistent with existing development requirements. Staff will be proposing minor text amendments to the existing code sections within Chapter 11 to address a more streamlined process for minor changes to existing properties tand other associated amendments created by the TOD ordinance. • Building Standards—front yard setback standards were revised to allow for outdoor dining or usable open space. • Permitted Uses (warehouse/distribution)—The need for some warehouse/distribution in association with industrial uses was raised at the continued Planning Commission hearing. Language has been revised to allow for warehouse and distribution as accessory uses up to 10% of the Gross Floor Area within the TOD-Employment sub-district which allows Light Industrial uses. • Landscaping & Tree Replacement—Shrubs and perennials were added to the required plant material list for new or redevelopment. This will encourage more visually diverse and prairie-like landscapes and allow these plantings to count for landscaping credit. TOD areas are proposed to be exempt from tree replacement requirements due to the challenges of planting the required number of replacement trees in addition to other tree and landscaping requirements in compact TOD areas. • Transportation Demand Management(TDM) Requirements—the language was revised to reflect current best practices used by the City. • Loading Facilities, Signage, etc.—Other Code requirements are referenced and staff will proposed some future amendments to other Code sections to address the new TOD zoning option. If approved, the proposed ordinance changes will be added to the city code as a new zoning district. The proposed TOD ordinance is compatible with established city policies and goals. A TOD ordinance will provide greater opportunities for jobs and housing near future transit stations by allowing higher densities and potentially a mix of uses in a walkable and aesthetic environment. The outcome of each meeting, workshop and internal and external stakeholder outreach helped shape the final staff and Planning Commission recommendations. PROPOSED NEXT STEPS Site Plan and PUD Process Amendments: Feedback obtained from stakeholder included interest in an abbreviated review process for minor amendments to existing development within the TOD areas. Staff is in the process of reviewing existing code language for possible amendments to the Site Plan and Architectural Design Review and the Planned Unit Development (PUD) code sections to guide the process for TOD development applications and other proposals citywide. Generally, staff is considering criteria that would allow certain changes such as reconfiguring parking or changing landscape species to be approved administratively as long as Code requirements are met. Minor amendments including building additions up to 10% of building area could be approved directly by the City Council even if waivers might be involved. Major changes would continue to require both Planning Commission and City Council review. Associated Code Amendments: Staff is requesting Council direction to begin the process of preparing the Site Plan/PUD process amendments as well as other minor text amendments to Chapter 11 such as Town Center ordinance amendments to address some TOD requirements such as bike parking. These amendments would be discussed in more detail at future Planning Commission and City Council public hearings. Future Comprehensive Plan Amendments and Rezonings: If the proposed TOD code language is adopted in a future Second Reading, a series of next steps are proposed including updates to the Comprehensive Guide Plan and consideration of rezoning certain properties. Below are identified next steps if the TOD ordinance is adopted: 1. Review of the Comprehensive Guide Plan Language 2. Evaluation of the Comprehensive Guide Plan Land Use Map 3. Planning Commission and City Council Review of the proposed Comprehensive Guide Plan Changes 4. Metropolitan Council Review of Comprehensive Guide Plan Changes 5. Implement zoning of properties for TOD and Town Center. Attachments • Ordinance • Planning Commission Staff Reports • Planning Commission Minutes • E-mail Communication with Stakeholders CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.26 RELATING TO TRANSIT ORIENTED DEVELOPMENT; 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 is amended by deleting Section 11.26 in its entirety and replacing it with the following: SECTION 11.26.TRANSIT ORIENTED DEVELOPMENT(TOD)ORDINANCE Subd. 1.Purposes. The intent of the Transit Oriented Development(TOD)zoning ordinance is to provide for development of attractive, compact,pedestrian-friendly,high density,environmentally and economically sustainable,transit-oriented areas which allow a complementary mix of land uses.A TOD land use pattern supports transit system investments, optimizes development opportunities,and helps achieve many goals and policies outlined in the Eden Prairie Comprehensive Plan.To support the intent of Transit Oriented Development(TOD),the specific purposes of the TOD zoning districts are to: A. Promote high density development within convenient walking and biking distance of a transit station,including increased residential densities,employee densities,and non-residential floor area ratios(FARs); B. Accommodate a complementary mix of market-supportive land uses including residential,office,public (buildings,plazas,open spaces),light industrial,and where appropriate,select commercial uses; C. Ensure building and site design is oriented to public spaces—streets, sidewalks,plazas,open spaces,and the transit station—and emphasizes a pedestrian-friendly environment; D. Support an urban design pattern that encourages active living and healthy mobility choices,including walking, biking,riding scooters,and rollerblading,and other forms of pedestrian travel and includes accommodations for persons with disabilities to connect to transit; E. Promote strategies and designs that decrease parking needs and requirements,including compact/mixed-use development patterns,on-street parking,joint use parking, structured parking,access to transit and shuttle services,bike sharing,and car sharing; F. Incorporate public amenities such as parks and plazas,civic spaces,public art,landscaped streetscapes, benches,and sidewalks/trails that provide connections between development sites,transit, and the City's overall sidewalk/trail network; G. Incorporate urban design principles that promote the safety and comfort of residents,employees,visitors,and transit riders; H. Promote high quality and aesthetically attractive building forms that contribute to a positive City image,help to identify the unique characteristics of the location,and enhance the streetscape environment for pedestrians, bicyclists,transit riders,and vehicular drivers;and I. Incorporate sustainability practices relating to building lifespan such as reuse and recycling of materials,energy and water efficiency,storm water management,and economic resilience through lower operating costs. There are three(3)Transit Oriented Development(TOD)zoning districts: A. The TOD-Mixed Use(TOD-MU)district encourages high-density,mixed-use,and pedestrian-oriented development that supports transit usage. B. The TOD-Residential(TOD-R)district allows for moderate-to high-density residential development with some allowance for limited commercial uses. C. The TOD-Employment(TOD-E)district allows for moderate-to high-density office,light industrial and institutional development with some allowance for limited commercial uses. The individual TOD district standards are described in Subdivision 4. Subd.2.Definitions. A. Transit Oriented Development(TOD)is commonly described as a community or development that mixes residential,office,commercial and open space,and allows for convenient or direct access to public transportation. The design of TOD is specifically influenced by transit and focuses on walkability and connections to other sites as well as transit. B. 10-Minute Walkshed is the area surrounding each of an existing or planned commuter bus or light rail transit station that is accessible by walking within a 10-minute timeframe. C. Commercial Ready—a space constructed to meet a minimum ground floor height that accommodates retail/commercial use as established by City Code Chapter 11.The intent of Commercial Ready standard is to provide the flexibility to occupy ground floor space in accordance with market demand while allowing a future transition to retail/commercial uses as the market dictates. D. Pilaster is a shallow rectangular column placed on a building façade,typically as a decorative architectural element to provide articulation of the building façade. E. Ornamental grillwork is a decorative metal grate placed on a building façade to provide screening and architectural interest along a street front facade. F. Stacked Building is a multi-level structure comprised of single-floor or multi-floor units that are stacked vertically and connected with one or more shared entries.This building type is typically designed for residential,hospitality,or office uses. G. Attached Building is an individual structure on a parcel consisting of multiple similar units arranged side by side where each unit shares a common wall with the adjacent unit.All building entries are located at the ground level facing the primary street or facing a courtyard that is open to the street. H. Flex Building is a building designed to be versatile and may be used in combination with office,research and development,sales/showroom,industrial processing,distribution/warehousing,or high tech. I. Liner Building is a building designed to line the outside of a parking structure along a public street frontage with an active ground floor use.A liner building may also include active upper floors. J. Building Break—Include recesses in the building façade,material changes,or other methods of building articulation that break down the perceived scale of the building or create visual interest.Building breaks create the impression that one building is two or more buildings and improve the building's overall composition and aesthetic. K. Building Stepback—A setback of a building's upper floor(s)in order to reduce the building's bulk, articulate the base of the building,ensure a more comfortable street environment,and provide light and air at street level. L. Building Street Frontage—The proportion of a lot's frontage on a public street that is occupied by a building as measured at the required maximum front yard setback.Corner lots must meet maximum front yard setback requirements for both public street frontages. M. Building Transparency—Openings in the street-facing façade of a building which are transparent, including windows and doors that enable increased physical and/or visual interaction between street/sidewalk/plaza activities and a building's interior uses and activities. N. Drive-Thru Facilities—Facilities that accommodate automobiles and from which the occupants of the automobiles may make purchases or transact business,including the stacking spaces needed for waiting vehicles.Examples of drive-thru facilities include,but are not limited to,drive-up windows,menu boards, order boards or boxes,drive-in restaurants and drive-up banks. O. Joint Use Parking-A parking facility shared by two or more uses,tenants,or properties. P. Mixed-Use Building—A multi-story building that contains allowed retail and services on the ground floor and allowed residential and/or office uses on the upper floors. Q. Neighborhood commercial—Small scale retail stores and personal services primarily serving residential areas and nearby businesses and their employees and small scale specialty shops and services as further defined in the Comprehensive Plan. R. Flex Space:A use providing its occupants the flexibility of utilizing the space.Usually provides a configuration allowing a flexible amount of office or showroom space in combination with manufacturing, laboratory,warehouse distribution,etc. Subd.3.Applicability. A Transit-Oriented Development(TOD)district shall apply to property zoned under this Section. Such properties will generally be within a 10-minute walkshed(the area within a 10-minute walking distance,or roughly a half- mile)of an existing or planned commuter bus or light rail transit station consistent with the Comprehensive Guide Plan. Nonconformities are governed under Minnesota Statutes 462.357, Subdivision 1.e as the same may be amended. Development proposals will be reviewed as part of the Site Plan and Architectural Design Review and Planned Unit Development process set out in City Code Chapter 11. Subd.4.District Development Standards. The following tables and diagrams include development standards for each of the three TOD zoning districts and are intended to illustrate the desired character,form,and scale of development within each district.Additional standards and required conditions that apply across all of the TOD zoning districts are addressed in Subdivisions 5 through 9 of this section. A. Development Standards: Transit Oriented Development-Mixed Use(TOD-MU) STATEMENT OF POLICY: The TOD-Mixed Use(TOD-MU)district encourages high-density,mixed-use,and pedestrian-oriented development that supports transit usage.The TOD-MU district is intended to generally be applied closest to the transit station.Buildings are mid-to high-rise structures with active ground floor uses.A mix of office,residential,hotel,and institutional uses,along with ground floor shops,services,and restaurants encourage activity throughout the day,and provide residents,visitors,transit riders,and employees with amenities and services that support their day-to-day needs within convenient walking distance. The specific permitted uses are set forth below in the chart titled Permitted Uses-TOD-MU District.The diagrams set out below are intended to illustrate the application of the above statement of policy. District Diagram- TOD MU District u . ` I, 1“ .,440". ------ - . �k'i Pro '`''''m ,- �� . Transit �mm\ Station p t���V�4 mmmm � o m � r r '11 % m s a a 4 m . / mmtm n� o m ItO \\ �/ \ \,il l. r''., `\ �.*my N� ,, I3 m � i ,.''�- m m� m --.1 _..„.....,......••'-',....--7'.'7..._,..., ,,..,,, ''.-- --., '''':'::::''''''":'''I--14-s-4IF: 'jr:'';'rIH4 l'I''1", . 4,4111,01,-- ---------,:i,„. " , Land Use Character and Built Form- TOD MU District ti r �4u#ID 6771 r.G1& �' �N 7aplC..: ` ,�m�¢�_ „ fin _ - -.. a$ emu,v� ■. - _'. G � l ' �1 ���h zp pn 11 q u��J�un Adm -GRA�{P, ;l; ��titi 14b op'!t= " 4tp-Lt oiii U� opo iko r, '�1 . ` AN}cIN ,- , Continuous p n�iQb��TIA 05� ,p,107,0- r • II i l Street Wall `�4� CC ,�[�a lm IDiiii, ' 0• III I " r r I ` t air Active roun LIT_ �0��t 0 .' --. 1 a i L [' 1 Floor Uses 1. �© ' • i i --'-r II 11 Awnings& _ - ti -®Clear Windows / DI Shall. Liner Buildingwith L,1 fi-- , Setbacks Active Ground Floor Built Form Description: The TOD MU district features a high-density development pattern with stacked mixed-use buildings.Requirements for street-fronted architecture,minimal setbacks,and active ground floor uses contribute to a more safe and walkable street environment.To that end,parking is predominantly provided in structured or underground parking and is located away from primary transit streets. Permitted Uses—TOD-MU District Permitted Use Performance Standards Commercial 1. The ground floor in all buildings in the mixed use - Neighborhood commercial district shall be commercial along the primary transit - Restaurants and food service street and commercial ready along the secondary - Hotels/Hospitality/Lodging transit street. Office - Business and professional offices 2.Drive-thrus are only allowed when the drive-thru lanes Residential are internally located within the parking structure. - Multiple-Family Dwellings Public 3.Neighborhood Commercial individual tenant space shall Public facilities and services not exceed 10,000 sq.ft.in area with the exception of Libraries grocery stores,which shall not exceed 25,000 sq. ft. in area. - Parks - Transit Facilities - Parking ramps Off-Street Vehicular Parking Standards—TOD-MU District #of spaces(max) Multiple-Family Residential 1/dwelling unit(d.u.) 1/bedroom Visitor(Residential) None 1/5 dwellings Retail Stores&Services 3/1,000 sq ft Gross Floor Area 5/1,000 sq ft(G.F.A.) (G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq ft(G.F.A.) 5/1000 sq ft(G.F.A.) Hotel 1/guest room+ 1/employee None Others As determined by site plan review. A parking demand study may be required. Proof of parking may be included as part of a parking demand study Performance Standards 1.All off-street parking in the TOD-MU District shall be provided in an enclosed building or structure except as follows:residential visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2.The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process.Off-street parking requirements may be reduced if the applicant can demonstrate meeting the requirement through joint use,district,off-site,or on-street See Subdivision 6 for more on off-street parking standards. 3.Parking ramps facing a public street must be lined on the street-facing side with an active ground floor use or commercial ready space.If no upper floor uses are present the ramp must be appropriately screened as required in Subdivision 6. 4.For new development occurring within the TOD Districts,on-street parking along the use's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development.This count shall be rounded to the nearest whole number. 0 — III II II II II II II 11 kR 4 11 k II 11 'i - 10 II II U 11 ICI -- II d b fl''''''''' '' '''''''''. .."1----- 17 0 u jI II)in Mil 1' r,' f L . ,. , 0______ a___` Diagram of Lot and Building Standards- TOD MU District Density Standards-TOD MU District I ' , t • i Floor Area Ratio(FAR)' 1.5 min 1.Parking structures shall not be included in calculation of number of floors and FAR. Residential Density 40 dwelling units/acre min 2.The above diagram is intended to show the proportion of usable open space required,but not Lot Standards-TOD MU District the exact location or distribution. See Subdivision 8 for more requirements on usable open space. Lot Size None 3.Buildings exceeding 40 feet in width along a (a)Lot Width 50 ft min street are required to incorporate articulation in street-facing façades.Articulation includes recesses (b)Lot Depth 100 ft min in the building façade,material changes,or other methods of building articulation that break down (c)Front Yard Setback(ft)7 0 min; 10 max the scale of large buildings and create visual (d) Side Yard Setback(ft) 0 min interest. 5. Commercial Use ground floor windows facing a (e)Rear Yard Setback(ft) 0 min primary transit street shall not preclude visibility. (g)Usable Open Space 2 7% 6.Within the Commercial Use all buildings shall have a primary entrance facing a public sidewalk or Impervious Surface Coverage 90%max public open space.Building entrances must be Building Standards-TOD MU District provided at least every sixty(60)feet along the primary transit street-facing facade of the building. (h) Street Frontage 75%min (f)Total Height(#of floors) 4 min,max limited by 7.Front Yard Setbacks may be increased if outdoor language in the dining or usable open space is proposed as part of a Comprehensive Plan Planned Unit Development.Notwithstanding the diagram awnings,decks,overhangs,stairs,steps, (i)Ground Floor Height 12 ft min retaining walls and structures,signs,or bicycle parking,etc. shall not project into the public right of (j)Upper Floors Stepback(street 8 ft min way. facades only) (above 4 floors) (k)Façade Articulation(street every 40 ft max facades only)4 (1)Ground Floor Transparency 60%min (street facades only)5 Entry Spacing 6 60 ft(applicable to Commercial Uses only B. Development Standards: Transit Oriented Development-Residential(TOD-R) STATEMENT OF POLICY: The Transit Oriented Development-Residential(TOD-R)district allows for a mix moderate to high-density housing,including stacked and attached residential building types,as well as limited mixed-use development.Land uses in the TOD-R district shall be residential with a small amount commercial uses (ground floor retail,services,and restaurants)that support the day-to-day needs of residents.The TOD-R district shall generally be applied farther out from the transit station and provides more latitude in density and street frontage requirements while still promoting transit-supportive densities and pedestrian-oriented urban design.The specific permitted uses are set forth below in the chart titled Permitted Uses-TOD-R District. The diagrams set out below are intended to illustrate the application of the above statement of policy. District Diagram - TOD R District ®i .... r , ` ';- -1' 0 40 .44 .P. ,.......„ i•^`a BSA : 8�2��- \. �' ,l;li:i- i Ne/ tili. . ;� a � ' s .7 a � 1� � „ ti .44„ iz- � ,.4 � l rasa® liV ri�; • .. R IN r S,oca y , "e,0+- a n Land Use Character and Built Form - TOD R District 01pijip 11 a i.. i °I f ID ii HI �'. �r�1ir � �npiii i il IliiIDuliG. ]�i 11 �I iiito�uiiliI liii I u' ti 1 �11 ., �� II yr. ~_ � L L . q �I II�QI 1 II fllll P' "l` wi IIR Ilm�l "U ri `. - gip u Q 0[ t��alu��o. oio� ,�" a a CIO 0° ��% 4� 1:,a ai 5 - ' _ 'y e t) "}ni District Diagram,Land Use Character and Built Form Description: The TOD-R district features stacked and attached residential building types,as well as mixed-use building with active ground-floor uses. Requirements for street-fronted architecture and structured parking contribute to a more safe and walkable street environment. Slightly deeper setbacks allow for additional landscaping,gardens,and small front or side yards. Street-facing architectural details such as porches, stoops,and balconies encourage social interaction and contribute to the safety and comfort of the public realm. Permitted Uses—TOD-R District Permitted Use Performance Standards Commercial 1.All commercial uses shall be limited to the street level - Neighborhood commercial floor of a building along primary transit streets. - Restaurants and food service 2.Neighborhood Commercial individual tenant space shall Office not exceed 10,000 sq.ft.in area with the exception of - Business and professional offices grocery stores,which shall not exceed 25,000 sq. ft. in area. Residential Multiple-Family Dwellings 3.Drive-thrus are only allowed when the drive-thru lanes Public are internally located within the parking structure. - Libraries - Parks - Transit Facilities - Parking ramps Off-Street Vehicular Parkin• Standards—TOD-R District Us• #of spaces(min) #of spaces(max) Multiple-Family Residential 1 per dwelling unit 1/bedroom Visitor(Residential) None 6 1/5 dwellings Retail Stores&Services 3/1,000 sq ft(G.F.A.) 5/1,000 sq ft(G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq ft(G.F.A.) 5/1000 sq ft Other As determined by site plan review. A parking demand study may be required. Proof of parking may be included as part of a parking demand study 'erformance Standards 1.All off-street parking in the TOD-R sub-district shall be provided in an enclosed building or structure except as follows:Residential visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2.The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process.Off-street parking requirements can be reduced if the applicant can demonstrate meeting the requirement through joint use,district,off-site,or on-street parking. See Subdivision 6 for more on off- street parking standards. 3.Parking ramps facing a public street must be must be appropriately screened—as required in Subdivision 6. 4.For new development occurring within the TOD Districts,on-street parking along the use's lot frontage may count towards the parking requirements if reviewed and approved through a Planned Unit Development.This count shall be rounded to the nearest whole number. Diagram of Lot and Building Standards- TOD R District e nrrrrpnn 0 a rr II d of - -4 r�r a r ; Imo Fu Q IT III III ID i 4- . I alur 1 jiuW ' -0___0 Wi 6 , J O Density Standards-TOD R District Performance Standards Residential Density 25 dwelling units/acre 1.Parking structures shall not be included in min calculation of number of floors and FAR. Lot Standards-TOD R District 2.The above diagram is intended to show the proportion of usable open space required,but not the Lot Size None exact location or distribution. See Subdivision 8 for more requirements on usable open space. (a)Lot Width 50 ft min 3.Buildings exceeding 30 feet in width along a street (b)Lot Depth 100 ft min are required to incorporate articulation in street- facing façades.Articulation includes recesses in the (c)Front Yard Setback(ft)6 0min;20 max building façade,material changes,or other methods (d) Side Yard Setback(ft) 10 min of building articulation that break down the scale of large buildings and create visual interest. (e)Rear Yard Setback(ft) 20 min 4. Commercial Use ground floor windows facing a 2 ° primary transit street shall not preclude visibility. (g)Usable Open Space10/o 5.Within the Commercial Use all buildings shall Impervious Surface Coverage 75%max have a primary entrance facing a public sidewalk or public open space.Building entrances must be Building Standards-TOD R District provided at least every sixty(60)feet along the (h)Street Frontage 60%min primary transit street-facing facade of the building. 6. Front Yard Setbacks may be increased if outdoor (f)Total Height(#of floors) 2 min,max is limited dining or usable open space is proposed as part of a by language in the Planned Unit Development.Notwithstanding the Comprehensive Plan diagram awnings,decks,overhangs, stairs, steps, retaining walls and structures, signs,or bicycle parking,etc. shall not project into the public right of way. (i)Ground Floor Height 10 ft min (j)Upper Floors Stepback(street 8 ft min facades only) (a building step back is required above 4 floors and encouraged below 4 floors) (k)Façade Articulation(street Every 30 feet facades only)3 (1)Ground Floor Transparency 40%min (street facades only)4 Entry Spacing 5 60 ft(applicable to Commercial Uses only) C. Development Standards: Transit Oriented Development-Employment(TOD-E) STATEMENT OF POLICY: The Transit Oriented Development—Employment(TOD-E)district allows for a mix of moderate-to high-density office,light industrial and institutional development with some allowance for limited commercial uses.The TOD-E district allows stacked office and mixed use buildings as well as multi-story flex buildings that can accommodate a range of living wage employment opportunities at higher densities.Retail, services,and showrooms are allowed in the district but limited to smaller scale businesses that support the needs of district employees or complement existing light industrial or office uses.The TOD-E district would generally be applied farther out from the transit station and provide more latitude in density and street frontage requirements while still promoting transit-supportive densities and pedestrian-oriented urban design.The diagrams set out below are intended to illustrate the application of the above statement of policy. District Diagram- TOD E District '10 `il`ol!'. %' Pt--. -' 4444‘ .0., ler , 11'l sue/ 0. e. Land Use Character and Built Form - TOD E District - _— m� � �r t: ijhi: a = Al.114 �;r i ' f tpa n:;1:11111 d r�1' >t % g, _ _ , ,p," ,i qq L1pi r-, �jrtl igl'il ::'11' ---ii-,aii or �, `oirs / y''10%li 4111 I.ii1X1U6-S --'--L121 r:p-,,,---„V J110.:-1/0:Ji,,,$ Q rr , 11,111L'---L_H-;-- / rr� f District Diagram,Land Use Character and Built Form Description: The TOD-E district features stacked office and mixed use buildings,as well as multistory flex buildings.Requirements for street-fronted architecture contribute to a more safe and walkable street environment. Slightly deeper setbacks allow for additional landscaping,plazas,and other types of open space. Street adjacent features such as a canopy, awnings,plazas,and courtyards create a safe and welcoming environment. Permitted Uses—TOD-E District Permitted U ormance Standards _ Illri Commercial 1. The ground floor in all buildings in the TOD-E - Neighborhood commercial district shall be commercial ready along the primary - Restaurants and food service transit street. Office 2.Neighborhood Commercial individual tenant space Business and professional offices shall not exceed 10,000 sq. ft. in area with the exception of grocery stores,which shall not exceed Light Industrial 25,000 sq. ft. in area. - Manufacturing 3. Drive-thrus are only allowed when the drive-thru - Research and design lanes are internally located within the parking - Wholesale structure. - Processing 4. Warehouse and Distribution shall be permitted in - Packaging Showroom the Light Industrial district as an accessory use. Assembling Warehouse and Distribution shall not exceed 10%of - Compounding the Gross Floor Area of a structure. - Flex space - Live/work space such as artist lofts Public - Public facilities and services - Libraries - Parks - Transit Facilities - Parking ramps Off-Street Vehicular Parking Standards—TOD-E District 41111 f spaces mi • s s Retail Stores&Services 3/1,000 sq ft(G.F.A.) 5/1,000 sq ft(G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq ft(G.F.A.) 5/1000 sq ft(G.F.A.) Others As determined by site plan review. A parking demand study may be required. Proof of parking may be included as part of a parking demand study Performance Standards 1.All off-street parking in the TOD-E District shall be provided in an enclosed building or structure except as follows:visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2.The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process. Off-street parking requirements can be reduced if the applicant can demonstrate meeting the requirement through joint use,district,off-site,or on-street parking. See Subdivision 6 for more on off-street parking standards. 3.Parking ramps facing a public street must be must be appropriately screened as required in Subdivision 6. 4.For new development occurring within the TOD Districts,on-street parking along the use's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development. This count shall be rounded to the nearest whole number. Diagram of Lot and Building Standards- TOD E District ii ii �® d 0 I i �- jli iii. irk iiii ... 8 INC iiii oftlillioirilr a Density Standards-TOD E District Performance Standards Floor Area Ratio(FAR)1 .5 min 1.Parking structures shall not be included in calculation of number of floors and FAR. Lot Standards-TOD E District 2.The above diagram is intended to show the I Lot Size None proportion of usable open space required,but not the exact location or distribution. See Subdivision 8 for (a)Lot Width 100 ft min more requirements on usable open space. (b)Lot Depth 100 ft min 3.Buildings exceeding 50 feet in width along a street are required to incorporate articulation in street- (c)Front Yard Setback(ft)6 0 min;20 max facing façades.Articulation includes recesses in the building façade,material changes,or other methods (d) Side Yard Setback(ft) 20 min of building articulation that break down the scale of (e)Rear Yard Setback(ft) 20 min large buildings and create visual interest. 4. Commercial Use ground floor windows facing a (g)Usable Open Space 2 5% primary transit street shall not preclude visibility. Impervious Surface Coverage 75%max 5.Within the Commercial Use all buildings shall have a primary entrance facing a public sidewalk or Building Standards-TOD E District public open space.Building entrances must be (h) Street Frontage 60%min provided at least every sixty(60)feet along the primary transit street-facing facade of the building. (f)Total Height(#of floors)1 2 min,max is limited by language in the Comprehensive Plan 6 Front Yard Setbacks may be increased if outdoor dining or usable open space is proposed as part of a Planned Unit Development.Notwithstanding the diagram awnings,decks,overhangs, stairs, steps, retaining walls and structures, signs,or bicycle (i)Ground Floor Height 10 ft min (j)Upper Floors Stepback(street 8 ft min parking,etc. shall not project into the public right of facades only) (a building step back way. is required above 4 floors and encouraged below 4 floors) (k)Façade Articulation(street Every 50 feet facades only)3 (1)Ground Floor Transparency 60%min (street facades only)4 Entry Spacing 5 60 ft (applicable to Commercial Uses only) Subd.5.Building Standards. All buildings shall provide pedestrian-oriented design features along streets,sidewalks,pedestrian ways,and pedestrian areas.Buildings and developments shall comply with the following standards for building design and pedestrian orientation: A. Buildings shall have a primary entrance facing a public sidewalk or public open space. B. Primary building entrances shall be architecturally emphasized and highly visible from the street, sidewalk,or pedestrian way,utilizing design features such as protruding or recessed entryways,awnings,canopies,pillars, unique building materials and/or architectural details.Residential buildings shall incorporate elements such as porches,stoops,and balconies that enhance the safety and comfort of the public realm. C. Buildings are required to incorporate articulation in street-facing façades that improves the building's overall composition and aesthetic,and contributes to a more aesthetically and visually interesting and walkable street environment.Articulation includes recesses in the building facade,material changes,or other methods of building articulation that break down the perceived scale of the building or create visual interest. Subd.6.Off-Street Vehicle Parking Standards Parking structures shall be located behind buildings or located along secondary streets. C. Parking structure facades visible from public streets and public open space shall architecturally complement the building or buildings the parking structure serves through the use of exterior materials,architectural elements, and color.Parking structures shall include architectural elements that enhance the structure,break up its mass, and complement the building or buildings the parking structure serves.Examples of specific architectural elements that assist in meeting this requirement include decorative piers and pilasters,banding,reveals, architectural accents,wall plane articulation,decorative artwork,ornamental grillwork,recessed window openings,façade treatment variations,and locating tenant signs on the side of parking ramps. D. Parking structures may also incorporate liner buildings that screen the parking structure with active street-level uses.Liner building may include upper floor uses,or may utilize appropriate architectural elements as described above. Subd.7.Off-street Pedestrian/Bicycle Facility Standards. A. An off-street sidewalk or multi-use trail shall be provided that connects the front door of the building to adjacent public sidewalks or trails that are either existing or part of an approved city trail plan or CIP. B. Off-Street Bicycle parking shall be provided at the following ratios at the time of initial certificate of occupancy or enlargement of a structure: 1. Office-minimum of 10 spaces,plus 1 space per 7,500 square feet of gross floor area. 2. Commercial—minimum of 10 spaces,plus 1 space per 3,500 square feet of gross floor area. 3.Public—minimum of 10 spaces,plus 1 space per 3,500 square feet of gross floor area. 4.Light Industrial—minimum of 10 spaces,plus 1 space per 10,000 square feet of gross floor arca. 5.Residential- 1 space per 2 dwelling units. C.Location.Bicycle parking shall be located within 50 feet of the primary building entrance(s)and shall not obstruct sidewalks except as approved through a shared bicycle plan as referenced in Sub. 6.F.. D.Bicycle racks shall be securely anchored to the ground and on a hard surface. Up to 25 percent of bicycle parking may be temporary or seasonal,but all temporary or seasonal bicycle parking shall be included within the proof of bicycle parking plan. E.Covered spaces.If twenty(20)or more bicycle spaces are required,then at least fifty(50)percent of the required bicycle spaces shall be covered. Coverage may be provided under roof overhangs or awnings,in bicycle lockers, indoor room,fenced in corral,within adjacent parking structures,or within underground parking structures. F. Shared Bicycle Parking.Shared off-street bicycle parking facilities are allowed to collectively provide bicycle parking in any district for more than one structure or use. The property owner or applicant shall demonstrate meeting the requirement through a joint use,district or shared parking agreement. G.Proof of Bicycle Parking.If it is demonstrated that the required bicycle parking is in excess of the actual demand,all of the required bicycle parking need not be constructed initially. The area of future parking shall be landscaped,but that landscaping shall not be used to satisfy landscaping requirements.Any spaces not constructed, as shown on the site plan,shall be constructed when determined necessary by the City Planner(or designee). The City Planner(or designee)shall notify the property owner in writing of the need to construct additional proof of bicycle parking spaces. No more than 50 percent of bicycle parking stalls shall be placed in proof of bicycle parking. Subd.8.Landscaping and Open Space Standards. A. All sites and buildings within the TOD district shall comply with Screening and Landscaping standards established in Section 11.03 Subd 3(G)of Chapter 11 of the City Code,except for Items 4. (a).Minimum Size Requirements for Plantings and 4. (b)Total Caliper Inches Required.The following standards apply within the TOD district in lieu of said Items 4.(a)and 4.(b): 1. Minimum Size Requirements for Plantings:Deciduous overstory plantings shall be a minimum of three(3)caliper inches;deciduous understory trees shall be a minimum of two(2)caliper inches;and coniferous trees shall be a minimum of eight(8)feet in height. 2. Total Caliper Inches Required:A minimum of three(3)caliper inches of trees shall be provided for every 500 square feet of on-site pervious surface area or portion thereof.Planting beds and/or decorative planting containers of 500 square feet or more may replace three(3)caliper inches of trees up to 50 percent of the caliper inches required for trees. 3. Planting Beds and/or Decorative Planting Containers: A minimum of six(6)shrubs per 500 square feet of on-site pervious surface area.Native plant species to the local hardiness zone and those which provide interest and/or color in the winter are encouraged. A variety of species including shrubs, ornamental grasses,ground cover,vines,annuals,or perennials to provide year round color shall be included. B. Due to the urban character of the TOD District,less landscaping space will be available typically than in other zoning districts.Therefore a higher level of landscaping design detail is required for the concentrated open space,pervious surface areas,plazas,planters,screening areas and streetscape areas.Examples of a higher level of landscaping design include rooftop gardens and green roofs,both of which are encouraged.A detailed landscape plan prepared by a landscape architect shall be submitted with the development application.Other privately owned amenities are encouraged,such as plazas,courtyards,fountains,outdoor art,roof top gardens and green roofs,and other decorative elements. C. The following privately owned and maintained Usable Open Space forms are permitted to meet the requirements for usable outdoor open space: 1. Pocket Park:A Pocket Park is an open space of no less than.05 acres in size that is available for recreation. A Pocket Park may be spatially defined by landscaping rather than building frontages and may be linear in form or shape.A pocket park may consist of a landscaped and maintained lawn,trees,and seating areas that are naturalistically disposed. 2. Square: An open space available for passive recreation and civic purposes.A Square Usable open Space is spatially defined by building frontages.Its landscape shall consist of paths,lawns,trees,hardscape,and public art formally disposed. Square Usable Open Spaces shall be located at the intersection of important main streets.There shall be no minimum size for a square. 3. Plaza:An open space available for public use,community events,and/or commercial activities.A Plaza Usable Open Space shall be spatially defined by building frontages. Its landscape shall consist primarily of hardscape,plantings,public art,and trees.There shall be no minimum size for a Plaza. 4. Play Area:An open space designed and equipped for the recreation of children.A Play Area shall be fenced and may include an open shelter.Play areas shall be interspersed within residential or mixed use areas and may be placed within a block.Play areas may be included within parks and greens.There shall be no minimum or maximum size. 5. Pedestrian way:Natural or landscaped walking paths and running trails. D. The following shall not constitute Useable Open Space: landscape strips or enlargements/enhancements of landscaping areas adjacent to the sidewalk; shrubs,flowers and other low profile landscaping around buildings, sidewalks and parking areas;required minimum building setback areas;yards associated with private dwellings; or outdoor areas that prohibit public or tenant access during normal business hours. Subd.9.Supplemental Analysis or Study. A. Traffic All development and zoning projects in the TOD District require documentation of the expected traffic impacts of the development. The extent of the traffic analysis is dependent on several factors including the size,type,and location of the development. The City Engineer should be contacted early in the project to determine the appropriate scope of traffic analysis and to determine if a formal Traffic Impact Study is required. All development applications,regardless of size,shall document the size and type of the proposed development and provide Daily,AM Peak,and PM Peak traffic generation estimates for the development. B. TDM All new development applications for office and light industrial uses shall include a Travel Demand Management(TDM)plan. The plan shall document TDM measures to be implemented,a two year budget, and an evaluation plan. TDM strategies that shall be considered in the TDM plan include,but are not limited to,financial incentives for carpoolers,vanpoolers and bicyclists,subsidized transit passes, preferential location of carpool/vanpool parking,bicycle racks and storage,access to shower and lockers, and promotion of commuter programs. As a condition of approval a TDM performance bond,cash escrow,letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 100%of the cost of implementing the first two years of the TDM Plan will be required.All new residential development applications should consider TDM strategies such as bikeshare and carshare memberships,subsidized transit passes,and an information kiosk onsite. C. Parking All development and zoning projects in the TOD District require documentation of the parking plan for the project site including the number of required parking spaces,the number of provided parking spaces and any proposed use of proof of parking. The location and quantity of parking will be reviewed on a case-by— case basis as part of the development review process. Dependent on the specifics of the parking plan for the project site a formal Parking Study may be required. The City Planner should be contacted early in the project to review the parking plan for the project and to determine if a formal Parking Study is required. Subd. 10.Architectural Standards. All buildings shall comply with Architectural Standards established in Section 11.03 Subd 3(K)of Chapter 11 of the City Code. Subd. 11.Signage. All sites and buildings shall comply with Sign Permits standards established in Section 11.70. Subd. 12.Lighting. All sites and buildings shall comply with Glare standards established in Section 11.03. Subd. 13. Mechanical Equipment, Trash, Loading Facilities. All sites and buildings shall comply with the Screening standards in Section 11.03 Subd 3(G), Off-Street Loading Facilities standards in Section 11.03 Subd 3(I) and Wastes standards in Section 11.03 Subd 4(F)of Chapter 11 of the City Code. Subd. 14. Tree Replacement. Property within the TOD zoning districts shall be exempt from the Tree Replacement Plan Requirements provided in Section 11.55,Subd.4. Section 2. 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 3. 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 . STAFF REPORT: TO: Planning Commission FROM: Regina Dean, Senior Planner DATE: July 13, 2015 SUBJECT: City Code Amendment—Establishment of a Transit Oriented Development (TOD) zoning district including regulations BACKGROUND In December of 2012, the City of Eden Prairie received $60,000 from the Metropolitan Council Livable Communities Act Transit Oriented Development Pre-Development grant fund. The City provided a$15,000 match consisting of in-kind staff services. With the grant funds the City hired consultant, HKGi, to prepare a TOD Zoning Ordinance for all 5 proposed light rail stations within Eden Prairie including: City West, Golden Triangle, Town Center, Southwest and Mitchell Road. In 2014, through discussion of the proposed ordinance with the City Council, Planning Commission, Conservation Commission, Chamber of Commerce Government Committee, City staff and other stakeholders a working draft of the TOD Ordinance was prepared based on supportive policy documents and studies identified below: • Comprehensive Guide Plan including the Transportation, Redevelopment& Economic Development, and Active Community Planning Chapters. • Golden Triangle Study • Golden Triangle—EPA/Global Green Study • Major Center Area Study • Town Center Zoning Ordinance • Town Center Design Guidelines • 2012 Housing and Economic Development Strategic Plan • Hennepin County studies: Station Area Plans, Investment Framework(TSAAP) The proposed TOD ordinance is compatible with established city policies and goals. A TOD ordinance will provide greater opportunities for jobs and housing near future transit stations by allowing higher densities and potentially a mix of uses in a walkable and aesthetic environment. INTERNAL AND EXTERNAL OUTREACH Once the working draft of the ordinance was prepared it was determined that additional changes to the draft would be necessary to address concerns identified by staff and external stakeholders. An internal staff group was assembled and a reoccurring meeting schedule was setup to discuss the following themes identified in the draft ordinance listed below: • Infrastructure Impacts • Applicability of the Ordinance • Development Standards • Building Standards • Vehicle Parking Standards • Bike Parking Standards • Landscaping and Open Space • Transportation Demand Management(TDM) Requirements In March and April 2015, City staff conducted a number of 1-on-1 meetings with stakeholders near the five future LRT stations to obtain feedback on a series of topics. Topics where feedback was discussed included the purpose of the ordinance,parking requirements, height or story requirements, sustainability requirements, bicycle parking, and flexibility in applying the ordinance. Below is a summary of comments received at the 1-on-1 meetings: • Generally stakeholders were supportive of the concept of TOD. Two stakeholders were not supportive of TOD or Light Rail. • Stakeholders expressed concern about the implementation of zoning on the ground and the potential for non-conforming status. • Stakeholders expressed preference for an ordinance that offers transition and compromise and would like flexibility if they were to propose redevelopment in the future. • Stakeholders expressed concern over the Office use parking maximum of 4 spaces per 1,000 square feet of gross floor area. Stakeholders communicated that potential tenants typically request parking at 5 to 6.5 parking spaces per 1,000 square feet of gross floor area. • Height/number of stories was not a concern. • Sustainability features are typically incorporated based on tenant requests or cost benefit for the property owner. • Stakeholders expressed concern over the amount of bike parking required. Currently property owners provide bike parking based on tenant requests. • Stakeholders provided positive examples of TOD developments they were familiar with. In February 2015 and June 2015, City staff presented updates on the redrafted proposed ordinance to the Planning Commission. In February, staff provided a PowerPoint presentation which compared the existing Town Center ordinance with the proposed TOD Ordinance, and identified next steps including additional public outreach, Comprehensive Guide Plan changes, and ordinance adoption. In June, staff presented an overview of the redrafted proposed ordinance highlighting changes to the following sections: Applicability including impacts and opportunities for existing properties, development standards including height and number of stories, vehicle parking, bicycle parking, and landscaping standards. The Planning Commission provided staff with additional feedback at each meeting. The outcome of each meeting, workshop and internal and external stakeholder outreach helped shape the final staff recommendation. CODE CHANGES Based on staff and stakeholder input staff has proposed changes within the following general themes: • Town Center and TOD Ordinance—based on existing policy, Planning Commission feedback and staff analysis it was determined that the Town Center zoning ordinance is most compatible with the City's vision established by the Major Center Area Study and Town Center Design Guidelines. It is proposed that the TOD ordinance will not apply to the area that is currently guided Town Center. In this scenario, the area would remain guided Town Center and would be rezoned to Town Center. Staff will continue to develop language for the Town Center zoning ordinance to strengthen existing elements of TOD. Future proposed changes to the Town Center zoning ordinance may include bike parking requirements, additional landscaping options, and TDM plan requirements. • Infrastructure Impacts (including height and stories)—this will be addressed with the amendment to the Comprehensive Guide Plan to address TOD. • Applicability of the Ordinance—Staff is continuing to rework this language to further the purpose of TOD while providing flexibility to businesses and property owners. • Building Standards—front yard setback standards were revised to allow for outdoor dining or usable open space. • Vehicle Parking Standards—Office parking was changed from 4/1000 maximum parking spaces to 5/1000 maximum parking spaces per square feet of gross floor area. • Bike Parking Standards—the bike parking requirement was decreased and allows for the opportunity for shared parking and proof of parking. • Landscaping—Shrubs and perennials were added to the required plant material list for new or redevelopment. This will allow these plantings to count for landscaping credit. • Transportation Demand Management(TDM) Requirements—the language was revised that is reflective of current best practices used by the City. If approved, the proposed ordinance changes will be added to the city code as a new zoning district. A draft of the proposed TOD ordinance is attached. Additional feedback from stakeholders, Planning Commission, City Council and the City Attorney is expected to occur during the public hearing process. All feedback will be reviewed and evaluated for possible incorporation into the proposed ordinance throughout the public review process. The Commission is asked to recommend approval of the proposed TOD ordinance to the City Council. PROPOSED TIMELINE FOR TOD ORDINANCE ADOPTION July 13thPlanning Commission Public Hearing August 18th—City Council Public Hearing(if approved by Planning Commission) August 18th—City Council Consent Agenda(unanimous approval required for consent to occur the same evening) September 8th—City Council Consent Agenda(if needed) NEXT STEPS If the proposed code language is adopted a series of next steps are proposed including updates to the Comprehensive Guide Plan and rezoning of properties. Below are identified next steps following TOD ordinance adoption: 1. Review of the Comprehensive Guide Plan Language 2. Evaluation of the Comprehensive Guide Plan Land Use Map 3. Planning Commission and City Council Review of the proposed Comprehensive Guide Plan Changes 4. Metropolitan Council Review of Comprehensive Guide Plan Changes 5. Implement zoning of properties for TOD and Town Center. STAFF RECOMMENDATION Staff recommends approval of the TOD ordinance. STAFF REPORT: TO: Planning Commission FROM: Regina Dean, Senior Planner DATE: July 24, 2015 SUBJECT: City Code Amendment—Establishment of a Transit Oriented Development (TOD) zoning district including regulations BACKGROUND This is a continued item from the July 13, 2015 Planning Commission meeting. Through discussion of the proposed ordinance with the Planning Commission, City staff, and other stakeholders a revised draft of the TOD Ordinance was prepared. A redlined draft of the proposed TOD ordinance is included in the Planning Commission Packet which is reflective of the feedback summarized below: Code Section/Topic Response to Stakeholder and Planning Commission feedback Subd. 1. Purposes,A-I No changes are proposed to the current language. The language was reviewed by staff with the City Attorney. The language helps sets the vision and purpose of the ordinance. The Building and District Development Standards set forth the requirements of the code. Definitions.—A. Transit Oriented Reference to relying on a car for transportation Development(TOD) was eliminated. Definitions.—O. Joint Use Parking Redundant language was removed. Subd. 2.Applicability. Proposed development within the TOD will be subject to a Site Plan and Architectural Design Review and the Planned Unit Development Process which is consistent with existing development requirements. Staff will be proposing minor text amendments to the existing code sections within Chapter 11 to address any inconsistencies created by the TOD ordinance at a future Planning Commission meeting. Language was revised to describe the location of the TOD Ordinance applicability area. Language was revised to reference nonconformities which are governed under Minnesota Statutes 462.357, Subdivision le. State Statute 462.357, Subd. le and City Code Sections 11.03,Subd. 3 and 11.40 are included in the Planning Commission Packet Subd. 3. District Development Standards The first paragraph was revised to address Planning Commission feedback. Information was added describing parking expectations for location and type of parking. Subd. 3. A. Development Standards: TOD- Language regarding off-street surface parking MU (built form description) was changed from "prohibited"to "discouraged" Permitted Uses (all districts) Office is now listed as a separate permitted use. Building Standards (all districts) Clarification was provided within the proposed language. A building stepback above the fourth floor is required. Stepbacks are now encouraged for buildings below four floors. Off-Street Vehicle Parking Standards (all Language under performance standards was districts) revised to specify location of structured parking and exceptions for surface parking. Development Standard Diagrams Stairs will be removed from the diagrams to address ADA accessibility concerns. Lot Standards (all districts) Front yard setback minimums were reduced to 0' for all districts. Performance Standards Discussion occurred at the Planning Commission meeting regarding drive thru Drive-thrus (all districts) facilities within the TOD area. Since this area is intended to be a transit oriented and pedestrian friendly environment changes were not made. There is opportunity for a drive thru to be incorporated within a parking structure and an applicant could require a waiver from City Code through the PUD process. Performance Standards (all districts) Language was revised to describe appropriate areas for the location of commercial and commercial ready uses. Language was revised to address ground floor visibility for commercial ground floor uses along transit streets. The TOD language references a 60 foot entry spacing requirement. Language was revised so it is specific to Commercial uses only. Performance Standards (TOD-E) Language was revised for TOD-E. The 10,000 square foot maximum is limited to Neighborhood Commercial which is consistent with the TOD-R and TOD-MU districts. Vehicle Parking Standards Language was added to clarify locations for parking structures. Bicycle Parking Standards The bicycle parking requirement was decreased for Office, Commercial and Public uses. In addition,proof of bicycle parking allowed was increased from 25 percent to 50 percent. Hennepin County Bicycle parking standards encourage short and long term bicycle parking requirements which are more aggressive than the proposed requirements within the draft TOD ordinance. Hennepin County Bicycle Parking Standards are included in the Planning Commission packet for reference. Landscaping (trees) Landscaping language for caliper inches of trees was revised so it is consistent with the Town Center zoning. Landscaping (shrubs and perennials) Shrubs, native landscaping, perennials, annual beds and containers were added to the acceptable plant material list for new or redevelopment. This will allow these plantings to count towards landscaping credit. Transportation Demand Management The language was revised and is reflective of (TDM) Requirements current best practices used by the City for Office uses. Language was added to encourage TDM plans for multi-family residential. Subd. 9. Architectural Standards Language was added to the TOD ordinance to reference existing code sections. Staff will be Subd. 10. Signage proposing minor text amendments to the existing code sections within Chapter 11 to Subd. 11. Lighting address any inconsistencies created by the TOD ordinance at a future Planning Subd. 12. Mechanical Equipment, Trash Commission meeting. (recycling), and Loading Requirements Subd. 13. Tree Replacement Noise between differing uses Noise is addressed in Chapter 9 of the City Code and through Building Code requirements. Staff will be proposing minor text amendments to the existing code sections within Chapter 11 to address any inconsistencies created by the TOD ordinance at a future Planning Commission meeting. In addition, language to the Site Plan and Architectural Design Review and the Planned Unit Development(PUD)review process Chapter 11 code sections will be amended to guide the process for development applications within the TOD ordinance applicability area. Additional feedback from stakeholders could occur during the public hearing process. All feedback will be reviewed and evaluated for possible incorporation into the proposed ordinance throughout the public review process. The Commission is asked to recommend approval of the proposed TOD ordinance to the City Council. If approved, the proposed ordinance changes will be added to the city code as a new zoning district. STAFF RECOMMENDATION Staff recommends approval of the TOD ordinance. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JULY 13, 2015 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr STAFF MEMBERS: Regina Dean, Senior Planner Rod Rue, City Engineer Janet Jeremiah, Community Development Director Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Pieper and Weber were absent. II. APPROVAL OF AGENDA MOTION by Kirk, seconded by Farr, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JUNE 22, 2015 Farr had a change on page 5, Hearing C,paragraph 4. Farr would like to change the word transformer to connection cabinet. MOTION by Higgins, seconded by Kirk, to approve the minutes. Motion carried 4-0. Stoltz abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS Eden Prairie Planning Commission Minutes July 13, 2015 Page 2 Eden Prairie Planning Commission Minutes July 13, 2015 Page 2 B. CITY CODE AMENDMENT—ESTABLISH A TRANSIT ORIENTED DEVELOPMENT (TOD)ZONING DISTRICT by City of Eden Prairie Request to: • Amend City Code Chapter 11, including establishment of a Transit Oriented Development Zoning District and regulation for the zoning district. Dean presented the City Code Amendment. She stated in December of 2012, the City received a grant of$60,000 from the Metropolitan Council Livable Eden Prairie Planning Commission Minutes July 13, 2015 Page 3 Communities Act Transit Oriented Development Pre-Development grant fund. Tonight we have a draft ordinance for discussion of language only. The draft ordinance includes the following: 1. Purpose 2. Applicability 3. Development Standards 4. Building Standards 5. Off-street vehicle standards 6. On-site bike facility standards 7. Landscaping 8. Supplemental Analysis Based on staff and stakeholder input, staff has proposed changes within the following general themes: 1. Town Center and TOD Ordinance 2. Infrastructure Impacts (including height and stories) 3. Applicability of the Ordinance 4. Building Standards 5. Vehicle Parking Standards 6. Bike Parking Standards 7. Landscaping 8. Transportation Demand Management(TDM) Requirements Based upon previous Commission input, staff recommends retaining the Town Center Ordinance with some minor changes. The TOD Ordinance is intended for the other four LRT station areas including Mitchell Road, which we recommend keeping in our Comp Plan as a future station area. Eden Prairie Planning Commission Minutes July 13, 2015 Page 3 Density limits would be established in the Comprehensive Plan based upon infrastructure capacity determined by traffic and utility studies. Future applicability of the ordinance would generally be the 10-minute walkshed from the station. However, it would be specifically designated by the Comprehensive Plan and would exclude certain properties such as single-family homes. Property owner requests could also be considered outside the 10-minute walkshed. The Applicability section of the proposed ordinance is being refined based upon a recent discussion with the City Attorney. It will reference the non-conforming use of State law and PUD Code for process. The proposed timeline for Ordinance Adoption is contingent on what happens this evening. Eden Prairie Planning Commission Minutes July 13, 2015 Page 4 If approved by City Council, the next steps would be: 1. Review of the Comprehensive Guide Plan Language 2. Evaluation of the Comprehensive Guide Plan Land Use Map 3. Planning Commission and City Council Review of the proposed Comprehensive Guide Plan Changes 4. Metropolitan Council Review of Comprehensive Guide Plan Changes 5. Implement zoning of properties for TOD and Town Center Staff recommendation is for approval. Kirk asked Dean why we are using comprehensive plan language instead of regular language. Dean said it gives us greater flexibility. Jeremiah said this is not a one size fits all, so the comprehensive plan can give us that flexibility and clarity. Wuttke asked how specific we need to be with the language. Dean said to just look at it as a placeholder until the comprehensive plan is adopted. Kirk commented he felt we are ahead of ourselves, but for a good reason in regards to funding. It will not go into place realistically until more actions are taken place. Dean said they are going to build into this a planned unit development to work with the transition. Chair Stoltz opened the meeting up for public input. Rick Weiblen, with Liberty Properties, said they have numerous properties in the area and have not had enough time to fully review it but have talked to Dean Eden Prairie Planning Commission Minutes July 13, 2015 Page 4 today in regards to some of the things in the plan. He stated his big concern is some of the current properties may not meet the code set up in this ordinance. In regards to timing, we need to look at it as a work in progress. Chair Stoltz asked if he feels comfortable if the Commission moves forward. Mr. Weiblen said he feels comfortable. Farr asked if we could go through subdivision by subdivision. Chair Stoltz said he does not believe the City wants the Commission to get into that level of detail. Dean said that was correct. Kirk said we are approving a document that is a work in progress and could change in the future. Wuttke said he has reservations about approving this tonight. Eden Prairie Planning Commission Minutes July 13, 2015 Page 5 Jeremiah said it is good for the Commission to make comments tonight related to land use and design provisions in the ordinance,but do not worry too much about word-smithing the specific language because it will get additional staff and legal review before going to City Council. Wuttke said he would like to go section by section. Chair Stoltz said we will start out with Subdivision 1. Wuttke said he did not have any issues. Higgins said in B, the word"complementary"raises a question about things that are already uses when they become complementary. Farr said the verbs ensure and incorporate have mandatory comments. In regards to complementary, that just means, "greasing the wheels". Subdivision X—Farr said in regards to 0, Joint Use Parking, there are two redundant statements. Wuttke said in regards to A, he asked if we had parking garages. Since we are at the beginning of the LRT line, he would like to strike, "eliminate the need to rely on a car for transportation", as we want people to drive into the area. Subdivision 2 - Farr said the second paragraph should go first. Subdivision 3 —Farr said in A,under performance standards it talks about off street parking and deliveries and we are encouraging on street parking. In regards to this, we would have to get 2 to 3 loading docks. Wuttke said there should be short term parking. Kirk said we need some language in regards to loading. In regards to B, Wuttke said in regards to vertical articulation buildings and buildings over 4 floors there has to be an 8 foot step back. Dean Eden Prairie Planning Commission Minutes July 13, 2015 Page 5 said waivers can be requested for step backs. Farr said in regards to the three diagrams, he would suggest the building entrances be attached. One size fits all should not apply to 60 feet entrances to stacked and attached buildings. He stated mixed messages are being sent. The diagram is on page 8. In regards to the diagram on page 10, we should be promoting accessible building entrances. Wuttke said on page 9, under performance standards, he is concerned about noise. Dean said that is addressed in the noise ordinance. In regards to C, Farr said in regards to the diagram on page 12, the stacked and adjacent buildings are hard to have entrances every 60 feet and would like to have visibility into the building. Higgins said in regards to drive thru banks, she has seen it work well in a parking garage with separation from the parking. Wuttke asked if bank holders were concerned with standards. Dean said they were shareholders and she did not hear anything. Eden Prairie Planning Commission Minutes July 13, 2015 Page 6 Subdivision 4—Under A, Farr said he has a concern again about the entrances every 60 feet. In regards to buildings being open to the public during all business hours, he said we should not make them do this. Subdivision 5 —Farr said on street parking is encouraged but the City does not say anything about it. In regards to B, he said this is a cast and design burden. Dean said they are open to looking at areas as a change. Subdivision 6—Farr said in regards to C, we are not allowing enough room for this and there should be more than 50 feet. Subdivision 7—Wuttke asked what the new standards will look like in the area. Dean said they are currently reviewing landscaping standards and there will be further review on this. Farr asked if the intent of Subd. 7 were to require all open spaces in all districts or could there be private areas. Dean said anything on ground level would be public, but going up could be private. Wuttke said in regards to a pocket park, he does not believe there should be public access to a privately owned courtyard. Jeremiah said it is okay for people to have private courtyards but they might not count as public open space. Dean said in regards to this, when development comes in, you can speak with the applicant. Subdivision 8—Farr said he would like to see TDM's be applicable to residential uses. Wuttke said he had two questions. The first is in regards to the application of permeable pavers and there was nothing referenced in the draft about this and Eden Prairie Planning Commission Minutes July 13, 2015 Page 6 could it be applied somewhere. He asked if said we could have green space and permeable space apply to the infiltration of permeable percent area requirements. Rue said some of the green space can be infiltration or permeable space. Wuttke asked if the Town Center study could be applied. Rue said we need to recognize right of way needs for this purpose. Farr said we should be providing more storm water management in this area. This could be an opportunity for us for new developers. Kirk said he is marginally comfortable with this draft; Chair Stoltz and Higgins concurred. Wuttke said he is not comfortable with moving this along so fast. Dean said this could come back at the next Planning Commission meeting. Eden Prairie Planning Commission Minutes July 13, 2015 Page 7 Wuttke said he would like changes to be red-lined. MOTION by Kirk, seconded by Wuttke, to recommend a continuance to the July 27, 2015 meeting. Motion carried 5-0. VII. PLANNERS' REPORT No Planners' Report VIII. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE—LIGHT RAIL No Members' Report IX. CONTINUING BUSINESS No continuing business. X. NEW BUSINESS No new business. XI. ADJOURNMENT Eden Prairie Planning Commission Minutes July 13, 2015 Page 7 MOTION by Higgins, seconded by Kirk, to adjourn the Planning Commission meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 9:28 p.m. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JULY 27, 2015 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr STAFF MEMBERS: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Janet Jeremiah, Community Development Director Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Weber was absent. II. APPROVAL OF AGENDA MOTION by Higgins, seconded by Farr, to approve the agenda. Motion carried 6-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JULY 13, 2015 Wuttke had the following changes to the minutes. Page 5, under Subdivision X, 3rd sentence, he would like the first sentence to read; "Since we are at the beginning of the LRT line, he would like to strike, ...." Page 5,under Subdivision 3, 5d'and 6th sentence, he would like the word setbacks changed to step backs. Page 6, Subdivision 7, 5th sentence, he would like it to read"....he does not believe there should be public access to a privately owned courtyard." Page 6, Subdivision 8, 3rd sentence, "He asked if we could have green space and permeable space apply to the infiltration of permeable percent area requirements. MOTION by Wuttke, seconded by Kirk, to approve the amended minutes. Motion carried 5-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS Eden Prairie Planning Commission Minutes July 27, 2015 Page 2 VI. PUBLIC HEARINGS E. CITY CODE AMENDMENT—ESTABLISH A TRANSIT ORIENTED DEVELOPMENT (TOD) ZONING DISTRICT by City of Eden Prairie (Continued Item) Request to: • Amend City Code Chapter 11, including establishment of a Transit Oriented Development Zoning District and regulation for the zoning district. Klima said this is a continued item from the July 13th meeting. Given that input from the meeting, staff has made the needed changes. The notable changes were made to the Applicability section; office uses are now listed as separate uses in the subdistricts; step backs are encouraged for buildings with four stories and less; language was revised for ground floor visibility, sixty foot entry spaced was clarified for commercial use only; bike requirements were decreased and landscaping was revised to give more flexibility. These changes were sent out to the stakeholders and staff has received a letter from Liberty Properties, which is on goldenrod for the Commissions reference. Farr said he wanted to thank staff and commented that the Commission talked about loading dock facilities and would we allow backing from a street into a loading berth. Klima said the end of the ordinance now includes references to 5 other subdivisions. Staff will be coming forward in the future with amendments to address these sections in City Code. Wuttke asked if there were changes to the usable open space. Klima said the changes proposed do not modify the allocations. Higgins asked that when definitions are tweaked through process, could they be put in the TOD Ordinance. Klima said that is a good suggestion. Chair Stoltz opened the meeting up for public input. Tim Goodrum, representing Liberty Properties said their concern is the area in between. They will work with City staff but that is the concern right now where they may be restricted. Wuttke asked when the effectivity of the ordinance will take place. Klima said this ordinance would establish regulations. These regulations are applicable after property has been guided and zoned for TOD. MOTION by Wuttke, seconded by Kirk, to close the public hearing. Motion carried 6-0. Eden Prairie Planning Commission Minutes July 27, 2015 Page 3 MOTION by Wuttke, seconded by Kirk, to recommend approval of the Amendment to City Code Chapter 11, including establishment of a Transit Oriented Development Zoning District and regulations for that zoning district based on the information included in the staff report dated July 24, 2015. Motion carried 6-0. VII. PLANNERS' REPORT No Planners' Report VIII. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE—LIGHT RAIL No Members' Report IX. CONTINUING BUSINESS No continuing business. X. NEW BUSINESS No new business. XI. ADJOURNMENT MOTION by Wuttke, seconded by Farr, to adjourn the Planning Commission meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 8:08 p.m. Regina Dean From: Griffith, William C. <wgriffith@larkinhoffman.com> Sent: Thursday,August 13, 2015 9:45 AM To: Regina Dean Subject: RE:TOD Ordinance Regina, Thanks again for taking my call and providing additional background. Bill William C. Griffith Larkin Shareholder floffinan direct 1 952-896-3290 mobile 1612-986-7711 8300 Norman Center Drive www.larkinhoffman.com Suite 1000 Minneapolis, MN 55437-1060 From: Regina Dean [mailto:rdean@edenprairie.orq] Sent: Thursday, August 13, 2015 9:44 AM To: Griffith, William C. Subject: RE: TOD Ordinance Hi Bill, At this time city staff is proposing ordinance language only.The next step is for staff to recommend re-guiding of areas and evaluate rezoning of property. We do envision that the areas affected would be properties within a 10 minute walk from each station area or a% mile radius. It is likely that the properties identified as potential redevelopment sites in the link below would be recommended for guiding to TOD in the future. http://www.swlrtcommunitywo rks.org/^'/media/SW%20Corridor/Document%20Archive/investment-framework/ch-15- golden-triangle.pdf Please let me know if you have additional questions. Regina Dean Senior Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8490 (phone) 952-949-8392 (fax) www.edenprairie.org 1 From: Griffith, William C. [mailto:wgriffith(alarkinhoffman.com] Sent: Thursday, August 13, 2015 8:45 AM To: Regina Dean Subject: TOD Ordinance Regina, I am reviewing the TOD ordinance for applicability to my client's site. Is there a proposed zoning map that corresponds with the ordinance? Thanks, Bill William C. Griffith Larldn Shareholder I H jinn i,4fips,yYV} direct 1952-896-3290 mobile 1612-986-7711 8300 Norman Center Drive www.larkinhoffman.com Suite 1000 Minneapolis, MN 55437-1060 CONFIDENTIALITY NOTICE: INFORMATION IN THIS MESSAGE, INCLUDING ANY ATTACHMENTS, IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE RECIPIENT(S) NAMED ABOVE. This message may be an Attorney-Client communication from the law firm of Larkin Hoffman Daly&Lindgren Ltd.,and as such is privileged and confidential. If you are not an intended recipient of this message, or an agent responsible for delivering it to an intended recipient, you are hereby notified that you have received this message in error, and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you received this message in error, please notify the sender immediately, delete the message, and return any hard copy print-outs. No legal advice is being provided or implied via this communication unless you are(1) a client of Larkin Hoffman Daly&Lindgren Ltd.,and (2) an intended recipient of this message. CONFIDENTIALITY NOTICE: INFORMATION IN THIS MESSAGE, INCLUDING ANY ATTACHMENTS, IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE RECIPIENT(S) NAMED ABOVE. This message may be an Attorney-Client communication from the law firm of Larkin Hoffman Daly&Lindgren Ltd., and as such is privileged and confidential. If you are not an intended recipient of this message,or an agent responsible for delivering it to an intended recipient, you are hereby notified that you have received this message in error,and that any review, dissemination, distribution,or copying of this message is strictly prohibited. If you received this message in error, please notify the sender immediately, delete the message, and return any hard copy print-outs. No legal advice is being provided or implied via this communication unless you are (1) a client of Larkin Hoffman Daly &Lindgren Ltd.,and (2) an intended recipient of this message. 2 Regina Dean From: Nagel, Jamie <jnagel@karealty.com> Sent: Monday,July 27, 2015 9:45 AM To: Regina Dean Cc: Sand, Jerry; Vinje, Ken Subject: FW:TOD Ordinance Status Attachments: EP TOD Zoning District Draft for PC packet 07-27-15. docx.pdf; PC Staff report 07-24-15.pdf; 07-27.pdf Good morning Regina, Thank you for the updated information. I am happy to see the changes, that our company was concerned about, addressed. I am still a bit confused on the 10,000 Sf and how it related to commercial office vs.the new terminology of "Neighborhood Commercial". Can you explain this a bit more? Thank you, Jamie Nagel Colbjornsen Property Manager jnagel a(�.karealty.comI direct 952-948-9416 I cell 612-720-5005 Kraus-Anderson Realty Company 14210 W. Old Shakopee Road, Bloomington MN 55437-2951 main 952-881-8166 I fax 952-881-8114 I www,krausanderson.com Please consider the environment before printing this email. From: Julie Klima [mailto:jklima@edenprairie.org] Sent: Friday, July 24, 2015 11:51 AM To: 'Anne.Wardleworth@NAProperties.com'; 'Audrey.rohrbach@colliers.com'; 'bcook03@hotmail.com'; 'bhandt@mistercarwash.com'; 'brad.mcnaught@famousdaves.com'; 'brian.frederickson@kohls.com; 'bsautol@aol.com'; 'bstupka@davannis.com'; 'bwendell@discounttireco.com'; 'carol.lansing@FaegreBD.com'; 'CDeJarlais@bachmans.com'; 'cjones@jerrysfoods.com'; 'cruth@publicstorage.com'; 'ctabatt@shopnbc.com'; 'curtaugustine@frontiernet.net'; 'dave_pelner@uhc.com'; 'david.jann@faegrebd.com'; 'dbachman@bachmans.com'; 'dennis_nisler@anchorbank.com'; 'dharrinl@fairview.org'; 'dhibbard@rubytuesday.com'; 'don.macbrayne@brunbowl.com'; 'donna.becker@cushwakenm.com'; 'doster@lifetimefitness.com'; 'dpintozzi@oreillyauto.com'; 'dunguy988@hotmail.com'; 'edenprairie@ihopl.onmicrosoft.com'; 'flyingcloudanimalhospital@hotmail.com'; 'gbystedt@libertyproperty.com'; 'glm_91910@yahoo.com'; 'gm.bz.eden.prairie@brunbowl.com'; 'info@ricerealestatecompany.com'; 'james.terrell@searshc.com'; 'janick0l@gmail.com'; 'jeff.williamson@starbank.net; 'Jeffrey.irrthum@jiffyworld.com'; 'jferrier@csmcorp.net'; 'jimr@redkingfoods.com'; 'jmehrkens@seniorpartners.com'; Nagel, Jamie; 'Joan@grootwassink.com'; 'joel@wddco.com'; 'John.dietrich@target.com'; 'Jon.summers@dristeem.com'; 'jperry@briggs.com'; Sand, Jerry; 'Julia@tagsgym.com'; 'kbartish@midamericagrp.com'; 'ke18443@aol.com'; 'Kelsey.Schmitt@Popeyes.com'; 'kirkandlindafamily@msn.com'; 'kristen.kautz@naproperties.com'; 'Lisa@grootwassink.com'; 'Ispeltz@angelogordon.com'; 'lynne.wyffels@shelard.com'; 'MattK@olympusventures.com'; 'Melissa.schmidt@us.mcd.com'; 'mhowarth@acventures.com'; 'michael.ersfeld@bestbuy.com'; 'mike@temillerdevelopment.com'; 'misicub@aol.com'; 'mnorton@firstalliedcorp.com'; 'moleary@redstonegrill.com'; 'nancy.litwin@edenprairiecenter.corn', 'nhane@iret.corn', 'pat.mulqueeny@epchamber.org'; 1 'Paul.lamberty@walgreens.com'; 'rmidness@metromachine.com'; 'rob.lea@fwbt.com'; 'rweiblen@libertyproperty.com'; 'sabrina.gilman@emerson.com'; 'sales@adtechinc.com'; 'scooper@genesismn.com'; 'Scott Gill'; 'scott- RFD.anderson@emersonprocess.com'; 'sdykhoff@tcfbank.com'; 'sshendrickson@gmail.com'; 'sstarks@standrewlu.org'; 'steve.chelesnik@emerson.com'; 'stucker@kimcorealty.com'; 'susan.welter@milestone.com'; 'tbower@legacypartners.com.'; 'tim@grootwassink.com'; 'timothy.cashin@gmail.com'; 'tjacob@jacobrestaurantgroup.com'; 'tkayfus@rubytuesday.com'; todd.phelps@stinsonleonard.com' tom.goodrum@westwoodps.com'; 'tradio@bestlaw.com'; 'watertowermgr@lincolnapts.com' Cc: Regina Dean Subject: TOD Ordinance Status Dear Stakeholder, At the Monday,July 13th meeting the Planning Commission requested that the proposed Transit Oriented Development (TOD) Zoning Ordinance be continued to provide additional opportunity to revise the current draft based on commission and stakeholder comments. Attached is a staff report and redlined draft copy of the proposed TOD Zoning Ordinance based on comments received from stakeholders and the Planning Commission. The proposed ordinance language is scheduled for review by the Planning Commission at a Public Hearing on Monday, July 27th at 7pm. As this is still a draft please feel free to provide written comments to my attention. If you have any questions or would like to setup a meeting please contact me by phone or email. Thank you in advance! Regina Dean Senior Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 rdean@edenprairie.org 952-949-8490 (phone) 952-949-8392 (fax) www.edenprairie.org IMPORTANT NOTICE: This message is intended for the use of the person(s) to whom it is addressed. It may contain information which is privileged and confidential within the meaning of applicable law. Accordingly dissemination, distribution, copying or other use of this message or any of this contents by any person other than the Intended Recipient may constitute a breach of civil or criminal law and is strictly prohibited. If you are not the Intended Recipient, please contact the sender as soon as possible. All information or opinions expressed in this message and/or any attachments are those of the author, and are not necessarily those of our organization. All reasonable precautions have been taken to ensure no viruses are present in this E-mail. As our organization accepts no responsibility for loss or damage arising from the use of this E-mail or attachments, we recommend that you subject these to your virus checking procedures prior to opening. KA and Kraus-Anderson are registered trademarks 2 Regina Dean From: Scott Gill <Scott.Gill@milestone.com> Sent: Friday,July 24, 2015 1:22 PM To: Regina Dean Subject: FW:TOD Ordinance Status Attachments: EP TOD Zoning District Draft for PC packet 07-27-15. docx.pdf; PC Staff report 07-24-15.pdf; 07-27.pdf Hi Regina- For clarification, is that Zoning ordinance proposed for 1/2 mile radius around all the proposed E.P.Southwest Light Rail stations? If so, is there a mpa of those areas affected? Thanks- Scott Scott Gill Chief Executive Officer Milestone AV Technologies scott.gill@.milestone.com +1.952.225.6860 Milestone.com—a new digital experience is here a h rill - i . . ,! y From:Julie Klima [mailto:iklima@edenprairie.org] Sent: Friday,July 24, 2015 11:51 AM To: 'Anne.Wardleworth@NAProperties.com'; 'Audrey.rohrbach@colliers.com'; 'bcook03@hotmail.com'; 'bhandt@mistercarwash.com'; 'brad.mcnaught@famousdaves.com'; 'brian.frederickson@kohls.com'; 'bsautol@aol.com'; 'bstupka@davannis.com'; 'bwendell@discounttireco.com'; 'carol.lansing@FaegreBD.com'; 'CDeJarlais@bachmans.com'; 'cjones@jerrysfoods.com'; 'cruth@publicstorage.com'; 'ctabatt@shopnbc.com'; 'curtaugustine@frontiernet.net'; 'dave_pelner@uhc.com'; 'david.jann@faegrebd.com'; 'dbachman@bachmans.com'; 'dennis_nisler@anchorbank.com'; 'dharrinl@fairview.org'; 'dhibbard@rubytuesday.com'; 'don.macbrayne@brunbowl.com'; 'donna.becker@cushwakenm.com'; 'doster@lifetimefitness.com'; 'dpintozzi@oreillyauto.com'; 'dunguy988@hotmail.com'; 'edenprairie@ihopl.onmicrosoft.com'; 'flyingcloudanimalhospital@hotmail.com'; 'gbystedt@libertyproperty.com'; 'glm_91910@yahoo.com'; 'gm.bz.eden.prairie@brunbowl.com'; 'info@ricerealestatecompany.com'; 'james.terrell@searshc.com'; janick01@gmail.com'; 'jeff.williamson@starbank.net'; 'Jeffrey.irrthum@jiffyworld.com'; 'jferrier@csmcorp.net'; jimr@redkingfoods.com'; 'jmehrkens@seniorpartners.com'; 'jnagel@karealty.com'; 'Joan@grootwassink.com'; 'joel@wddco.com'; 'john.dietrich@target.com'; 'Jon.summers@dristeem.com'; 'jperry@briggs.com'; jsand@karealty.com'; 'Julia@tagsgym.com'; 'kbartish@midamericagrp.com'; 'ke18443@aol.com'; 'Kelsey.Schmitt@Popeyes.com'; 'kirkandlindafamily@msn.com'; 'kristen.kautz@naproperties.com'; 'Lisa@grootwassink.com'; 'Ispeltz@angelogordon.com'; 'Iynne.wyffels@shelard.com'; 'MattK@olympusventures.com'; 1 'Melissa.schmidt@us.mcd.com'; 'mhowarth@acventures.com'; 'michael.ersfeld@bestbuy.com'; 'mike@temillerdevelopment.com'; 'misicub@aol.com'; 'mnorton@firstalliedcorp.com'; 'moleary@redstonegrill.com'; 'nancy.litwin@edenprairiecenter.com'; 'nhane@iret.com'; 'pat.mulqueeny@epchamber.org'; 'Paul.lamberty@waigreens.com'; 'rmidness@metromachine.com'; 'rob.lea@fwbt.com'; 'rweiblen@libertyproperty.com'; 'sabrina.gilman@emerson.com'; 'sales@adtechinc.com'; 'scooper@genesismn.com'; Scott Gill; 'scott-RFD.anderson@emersonprocess.com'; 'sdykhoff@tcfbank.com'; 'sshendrickson@gmail.com'; 'sstarks@standrewlu.org'; 'Steve.chelesnik@emerson.com'; 'stucker@kimcorealty.com'; Susan Welter; 'tbower@legacypartners.com.; 'tim@grootwassink.com'; 'timothy.cashin@gmail.com'; 'tjacob@jacobrestaurantgroup.com'; 'tkayfus@rubytuesday.com'; 'todd.phelps@stinsonleonard.com'; 'tom.goodrum @westwoodps.com'; 'tradio@bestlaw.com'; 'watertowermgr@lincolnapts.com' Cc: Regina Dean Subject:TOD Ordinance Status Dear Stakeholder, At the Monday,July 13th meeting the Planning Commission requested that the proposed Transit Oriented Development (TOD) Zoning Ordinance be continued to provide additional opportunity to revise the current draft based on commission and stakeholder comments. Attached is a staff report and rediined draft copy of the proposed TOD Zoning Ordinance based on comments received from stakeholders and the Planning Commission. The proposed ordinance language is scheduled for review by the Planning Commission at a Public Hearing on Monday, July 27th at 7pm. As this is still a draft please feel free to provide written comments to my attention. If you have any questions or would like to setup a meeting please contact me by phone or email. Thank you in advance! Regina Dean Senior Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 rdean(a,,edenprairie.org 952-949-8490 (phone) 952-949-8392 (fax) www.edenprairie.org 2 Regina Dean From: Richard Weiblen <rweiblen@libertyproperty.com> Sent: Monday,July 27, 2015 4:15 PM To: Julie Klima Cc: Regina Dean Subject: RE:TOD Ordinance Status Attachments: LIBERTY PROPERTY TRUST Comments TOD Ordinance 7-27-15.docx Julie, Attached please find a brief memo that summarizes some of Liberty's primary comments/concerns relating to the proposed TOD Ordinance. We are continuing to review the revised draft that we received last Friday, and will provide any additional comments we have in advance of the City Council's review of the Ordinance. Please distribute this information to the Planning Commission in advance of the meeting tonight. We appreciate your help. Thanks Rick Richard Weiblen VP, Development Liberty Property Trust 0 952.947.1100 D 952.833.5262 M 952.240.4078 10400 Viking Drive, Suite 130, Eden Prairie, MN 55344 rweiblen@libertyproperty.com From:Julie Klima [mailto:iklima@edenprairie.org] Sent: Friday,July 24, 2015 11:51 AM To: 'Anne.Wardleworth@NAProperties.com'; 'Audrey.rohrbach@colliers.com'; 'bcook03@hotmail.com'; 'bhandt@mistercarwash.com'; 'brad.mcnaught@famousdaves.com'; 'brian.frederickson@kohls.com'; 1bsauto1@aol.com'; 'bstupka@davannis.com'; 'bwendell@discounttireco.com'; 'carol.lansing@FaegreBD.com'; 'CDeJarlais@bachmans.com'; 'cjones@jerrysfoods.com'; 'cruth@publicstorage.com'; 'ctabatt@shopnbc.com'; 'curtaugustine@frontiernet.net'; 'dave_pelner@uhc.com'; 'david.jann@faegrebd.com'; 'dbachman@bachmans.com'; 'dennis_nisler@anchorbank.com'; 'dharrinl@fairview.org'; 'dhibbard@rubytuesday.com'; 'don.macbrayne@brunbowl.com'; 'donna.becker@cushwakenm.com'; 'doster@lifetimefitness.com'; 'dpintozzi@oreillyauto.com'; 'dunguy988@hotmail.com'; 'edenprairie@ihopl.onmicrosoft.com'; 'flyingcloudanimalhospital@hotmail.com'; Gina Bystedt; 'glm_91910@yahoo.com'; 'gm.bz.eden.prairie@brunbowl.com'; 'info@ricerealestatecompany.com'; 'james.terrell@searshc.com'; 'janick0l@gmail.com'; 'jeff.williamson@starbank.net'; 'jeffrey.irrthum@jiffyworld.com'; 'jferrier@csmcorp.net'; 'jimr@redkingfoods.com'; 'jmehrkens@seniorpartners.com'; 'jnagel@karealty.com'; 'Joan@grootwassink.com'; 'Joel@wddco.com'; 'john.dietrich@target.com'; 'Jon.summers@dristeem.com'; 'jperry@briggs.com'; 'jsand@karealty.com'; 'Julia@tagsgym.com'; 'kbartish@midamericagrp.com'; 'ke18443@aol.com'; 'Kelsey.Schmitt@Popeyes.com'; 'kirkandlindafamily@msn.com'; 'kristen.kautz@naproperties.com'; 'Lisa@grootwassink.com'; 'Ispeltz@angelogordon.com'; 'lynne.wyffels@shelard.com'; 'MattK@olympusventures.com'; 'Melissa.schmidt@us.mcd.com'; 'mhowarth@acventures.com'; 'michael.ersfeld@bestbuy.com'; 'mike@temillerdevelopment.com'; 'misicub@aol.com'; 'mnorton@firstalliedcorp.com'; 'moleary@redstonegrill.com'; 'nancy.litwin@edenprairiecenter.com'; 'nhane@iret.com'; 'pat.mulqueeny@epchamber.org'; 1 'Paul.lamberty@walgreens.com'; 'rmidness@metromachine.com'; 'rob.lea@fwbt.com'; Richard Weiblen; 'sabrina.gilman@emerson.com'; 'sales@adtechinc.com'; 'scooper@genesismn.com'; 'Scott Gill'; 'scott- RFD.anderson@emersonprocess.com'; 'sdykhoff@tcfbank.com'; 'sshendrickson@gmail.com'; 'sstarks@standrewlu.org'; 'steve.chelesnik@emerson.com'; 'stucker@kimcorealty.com'; 'susan.welter@milestone.com'; 'tbower@legacypartners.com.; 'tim@grootwassink.com'; 'timothy.cashin@gmail.com'; 'tjacob@jacobrestaurantgroup.com'; 'tkayfus@rubytuesday.com'; 'todd.phelps@stinsonleonard.com'; 'tom.goodrum @westwoodps.com'; 'tradio@bestlaw.com'; 'watertowermgr@lincolnapts.com' Cc: Regina Dean Subject:TOD Ordinance Status Dear Stakeholder, • At the Monday,July 13th meeting the Planning Commission requested that the proposed Transit Oriented Development (TOD)Zoning Ordinance be continued to provide additional opportunity to revise the current draft based on commission and stakeholder comments. Attached is a staff report and redlined draft copy of the proposed TOD Zoning Ordinance based on comments received from stakeholders and the Planning Commission. The proposed ordinance language is scheduled for review by the Planning Commission at a Public Hearing on Monday, July 27th at 7pm. As this is still a draft please feel free to provide written comments to my attention. If you have any questions or would like to setup a meeting please contact me by phone or email. Thank you in advance! Regina Dean Senior Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 rdeanaedenprairie.org 952-949-8490 (phone) 952-949-8392 (fax) www.edenprairie.org DISCLAIMER This e-mail message is intended only for the personal use of the above named recipient(s). If you are not the intended recipient, you may not review, copy or forward this e-mail message. If you have received this communication incorrectly,please notify Liberty Property Trust immediately via e-mail or phone and delete the message accordingly. 2 LIBERTY PROPERTY TRUST Comments Regarding Proposed TOD Ordinance Dated 7-27-15 • Non-Conforming Uses (Subd. 2) — The proposed TOD Ordinance needs to be modified to provide additional rights and protections to existing buildings and developments in the areas that will be subjected to this new zoning. The requirements of the TOD Ordinance represent a major departure from the historical zoning that has applied to impacted properties, and a large percentage of these properties will become legal,nonconforming uses immediately upon adoption of the TOD Ordinance. Simply providing these properties the protections afforded all nonconforming uses under Minn. Stat. § 462.357, subd. 1(e)is insufficient, as it severely limits such owners' abilities to continue to invest in their buildings and developments in the future. The City may provide additional rights and protections to existing buildings and developments in a number of ways (i.e. exemptions from ordinance requirements, interim use permits, etc.). More consideration and discussion is required on this issue and the City should not adopt the TOD Ordinance until this critical issue has been addressed. • "Commercial Ready" (Subd. X(C)) — Additional clarity is needed in the definition for the term "Commercial Ready." Is the City only attempting to regulate the height of ground floor space, or are there other criteria that will be examined to determine if space is "Commercial Ready." Also, with respect to height, if the standard the City is seeking to impose is a minimum ground floor height of twelve (12) feet, this should be stated expressly, instead of referencing Chapter 11, as that reference creates uncertainty as to the City's intent. • Permitted Uses in TOD-E District (Subd. 3(C))—The list of Permitted Uses should be modified to include "warehousing" and "distribution" as permitted uses. These uses are permitted currently in Industrial districts and are similar in all material ways to the other types of uses permitted in the TOD-E District. It is important that developers and owners retain the ability to use their buildings in these areas for such uses. • Parking Performance Standards — TOD-E (Subd. 3(C)) — The Ordinance should provide more flexibility with respect to surface parking. Specifically, instead of expressly prohibiting surface parking for all types of parking except "visitor parking," the proposed language should be modified only to encourage structured parking / discourage surface parking. Given existing development and other limitations, structured parking simply may not be practical for all projects. • Minimum Building Height—TOD-E (Subd. 3(C))—The two story minimum height requirement for buildings in the TOD-E district should be eliminated. Many of the uses permitted in the TOD-E district often seek to locate in single-story buildings, so the two-story minimum height requirement is at odds with the practical reality of how developers and users will seek to develop buildings in these areas. • Visibility through Ground Floor Windows — TOD-E (Subd. 3(C)) — Additional clarification is needed for the text providing that ground floor windows for commercial uses "shall not preclude visibility." It is unclear what is intended by such requirement, and a more definitive explanation of the criteria that will be applied in enforcing this requirement would be helpful. • Facade Articulation — TOD-E (Subd. 3(C)) — The requirement that street facades in the TOD-E District must contain "façade articulation" every sixty feet should either be eliminated or, at a minimum, modified to increase the distance between each required articulation. This requirement will have significant cost implications for the design and construction of large buildings in the TOD-E district, and requiring buildings to incorporate such articulation every sixty 60 feet is too stringent. The desired effect may still be obtained with façade articulations that are further separated. • Architectural Design of Parking Structures — (Subd. 5(C)) — The requirement that facades of parking structures visible from "public streets and public open spaces" must be constructed to be architecturally complimentary to surrounding buildings should be modified so that such requirement applies only to structures visible from public streets. The inclusion of"public open spaces" makes this too broad, as it is unclear what would be included within the definition of"public open space". For example, would this apply to passengers who are riding on railcars on the light rail tracks? At a minimum, the proposed text in the ordinance needs to be clarified to provide additional detail as to what constitutes a "public open space." Moreover, because, under the Performance Standards applicable to the TOD-E District, developments are required to have "Usable Open Space" of 5%, there is a substantial likelihood that all sides of a parking structure within a development will ultimately be visible from a "public open space." The possibility that the facades on all sides of a parking structure will need to be designed and constructed to match existing buildings will be extremely burdensome for developers and is concerning. Bicycle Facility Standards (Subd. 6) — Additional flexibility should be provided to reduce the number of bicycle parking spaces that are required for office and light-industrial uses. Even with the recent revisions, the proposed formula still requires developers and owners to provide more bicycle parking spaces than are reasonably believed to be needed in the foreseeable future. We would request that the office requirement be changed to 1 space per 10,000 square feet and light industrial to 1 space per 20,000 square feet with 50% allowed to be temporary or seasonal. • Landscaping Requirements (Subd. 7) — The proposed requirements are quite onerous, especially when considered in light of the types of structures that may be constructed in the TOD-E District. For example, for Liberty Plaza A, which includes approximately 230,000 square feet of impervious surface, the proposed ordinance would require the planting of approximately 458 three-inch caliper trees. This number of trees is substantially more than should be required for such a development, and almost certainly could not be accommodated on the site. The City's existing landscaping requirements are already stringent, so strong consideration should be given to retaining the existing requirements and not including the newly proposed requirements. Regina Dean From: Regina Dean Sent: Friday,July 10, 2015 5:19 PM To: 'sabrina.gilman@emerson.com' Subject: RE: Draft TOD Zoning District Ordinance Hi Sabrina, I am available after 11am on Monday. In summary the proposal at this time is for the ordinance language only. The staff report begins on page 18 of the PDF in the link below: http://edenprairie.org/Home/ShowDocument?id=5387 Regina Dean Senior Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 952-949-8490 (phone) 952-949-8392 (fax) www.edenprairie.org From: sabrina.gilman@emerson.com [mailto:sabrina.gilman@emerson.com] Sent: Friday, July 10, 2015 2:51 PM To: Regina Dean Subject: FW: Draft TOD Zoning District Ordinance Regina, Per Steve's message below, are you available to discuss the proposed ordinance with me in advance of Monday night's meeting? Perhaps you are available Monday morning? Thanks! Sabrina Sabrina R.Gilman I Counsel Emerson Process Management 18000 Norman Center Drive(Suite 1200) Bloomington I MN 155437 I USA T+1 952 828 3151 Sabrina.GilmanAemerson.com This electronic mail message is from an attorney. It may contain information which may be(a)LEGALLY PRIVILEGED,PROPRIETARY,OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE,and(b)intended only for the use of the Acdressee(s)named herein. If you are not the Addressee(s),or the person responsible for delivering this to the Addressee(s),you are hereby notified that reading,copying,or distributing this message is prohibited. If you have received this message in error,please reply to the sender to advise of the error and delete the transmission and any attachments. Thank you. From: Chelesnik, Steve [PROCESS/BLTN] Sent: Thursday, July 09, 2015 3:39 PM To: David Lindahl 1 Cc: Regina Dean; Gilman, Sabrina [PROCESS/BLTN] Subject: RE: Draft TOD Zoning District Ordinance Thanks Dave. Regina did send me a copy just this week so we haven't had much time to review it in any detail. I asked one of my colleagues, Sabrina Gilman,to review it more carefully and plan to attend the public meeting next Monday evening, primarily to listen. My quick reading of the draft ordinance left me with the impression that it wouldn't have any material impact on our existing operations. With respect to future improvements/enhancements to our facility, it is difficult to determine the potential impact as we have no specific plans at this time. The only public road our facilities currently face is Technology Drive and it is unlikely any improvements/additions would front Technology Drive. As such, it would seem many of the requirements in the draft ordinance would not apply. Also, I would assume an existing use like ours would/should be essentially grandfathered in and the substantial investment we have already made in this facility is more than sufficient to meet the City's reasonable requirements. I will ask Sabrina to contact Regina to touch base. Steve Steve Chelesnik I Vice President,General Counsel Emerson Process Management 18000 Norman Center Drive(Suite 1200)I Bloomington I MN 155437 I USA T+1 952 828 3303 I F+1 952 828 3235 steve.chelesnik(<ilemerson.com This electronic mail message is from an attorney. It may contain information which may be(a)LEGALLY PRIVILEGED,PROPRIETARY,OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE,and(b)intended only for the use of the Addressee(s)named herein. If you are not the Addressee(s),or the person responsible for delivering this to the Addressee(s),you are hereby notified that reading,copying,or distributing this message is prohibited. If you have received this message in error,please reply to the sender to advise of the error and delete the transmission and any attachments. Thank you. From: David Lindahl [mailto:DLindahl(a edenprairie.org] Sent:Thursday,July 09, 2015 3:20 PM To:Chelesnik, Steve [PROCESS/BLTN] Cc: Regina Dean Subject: FW: Draft TOD Zoning District Ordinance Steve- Have you seen the draft TOD ordinance language?Someone within your organization should have already received it but note that the Planning Commission is holding a public hearing on Monday and please attend if you would like to provide testimony. If you have questions or comments about the ordinance, please contact Regina Dean directly. Her contact information is below. Thanks. Dave From: Regina Dean Sent: Wednesday, July 08, 2015 5:58 PM Cc: David Lindahl Subject: Draft TOD Zoning District Ordinance 2 Dear Stakeholder, Attached is draft copy of the proposed Transit Oriented Development Zoning Ordinance. As this is still a draft please feel free to provide written comments to my attention. Please note,the proposed ordinance language is scheduled for review by the Planning Commission at a Public Hearing on Monday,July 13th at 7pm. PROPOSED TIMELINE FOR TOD ORDINANCE ADOPTION(language only) July 13th—Planning Commission Public Hearing August 18th—City Council Public Hearing(if approved by Planning Commission) August 18th—City Council Consent Agenda(unanimous approval required for consent to occur the same evening) September 8th City Council Consent Agenda(if needed) If you have any questions or would like to setup a meeting please contact me by phone or email. Regina Dean Senior Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 952-949-8490 (phone) 952-949-8392 (fax) www.edenprairie.org 3 Regina Dean From: Tom Goodrum <Thomas.Goodrum@westwoodps.com> Sent: Tuesday,July 14, 2015 12:24 PM To: Regina Dean Cc: Richard Weiblen (rweiblen@libertyproperty.com) Subject: City TOD review Attachments: EP staff liberty ordinance memo.docx; supervalu site plan.pdf; liberty plaza plan.pdf; TOD code .pdf Regina Attached is a memo of my review of the TOD ordinance. I hope this helps with your refinement of the codes. Happy to discuss if you want more feedback. Thanks Tom Goodrum • SENIOR PLANNER thomas.goodrum@westwoodps.com Direct (952)906-7425 Main (952)937-5150 Cell (612)791-6337 Westwood Multi-Disciplined Surveying & Engineering 7699 Anagram Drivel Eden Prairie,MN 55344 westwoodps.com (888) 937-5150 Confidentiality Statement: This message and any attachments may contain confidential, proprietary or legally privileged information.Any unauthorized dissemination, use, or disclosure of this information, either in whole or in part, is strictly prohibited.The contents of this e-mail are for the intended recipient and are not meant to be relied upon by anyone else. If you have received this message in error, please advise the sender by reply e-mail, and delete this message and any attachments. Thank you. 1 7699 Anagram Drive Eden Prairie,MN 55344 Main (952)937-5150 Fax (952)937-5822 westwoodps.com (888)937-5150 Date: July 14, 2015 To: Regina Dean, Senior Planner City of Eden Prairie From: Tom Goodrum, Senior Planner Westwood Professional Services Re: TOD Zoning Review, Eden Prairie,MN Upon Review of the Proposed TOD ordinances from the City of Eden Prairie there are several areas that may have potential impact to the current and future development of the Liberty properties near the Golden Triangle Station. To best surmise the impacts I compared the proposed ordinance to the existing building (formally Super Valu) and the approved development plans for Liberty Plaza, A & B. Attached are the existing site plan for Super Valu and a plan of Liberty Plaza for reference. I focused my review on the TOD—Employment District (TOD-E) as this would likely be the district for the Golden Triangle Station. A TOD-Residential (TOD-R)may also be used if high density residential uses are desired at this location. Below is a breakdown of the ordinance per Section with my comments: Subd 1. Purposes, No comment Subd 2 Applicability TOD's may be requested for properties within the 10-minute walkshed or outside the walkshed. The ordinance does not note who makes the request,the applicant or the city. All new development including but not limited to buildings, building additions,private drives and access roads,parking area, landscaping, open spaces within a TOD district shall be developed in accordance to this ordinance. • Does a parking lot improvement or new landscape constitute as new development? Effective after adoption all new structures including additions and expansions shall conform to all the requirements set in the ordinance • It does not clarify what constitutes an expansion, does enlarging a parking lot an expansion? C. Development Standards for TOD-E The Statement Policy for TOD-E restricts commercial use by stating they are given"some allowance for limited commercial use". The statement then includes showrooms with commercial and limits them to smaller scale businesses that support only the district area or complement the industrial use. If there is a desire for more commercial or showroom activity this language is restrictive. Multi-Disciplined Surveying&Engineering TBPLS Firm No 10074302 westwoodps.com July 14, 2015 Page 2 Permitted Uses Performance Standards limits tenant size to only 10,000 sq. feet. It does not distinguish if this is from commercial uses or all uses. Office/industrial uses require much large tenant space than 10,000 sq. ft. Unrelated to these plans but for consideration of future development-the performance standard also limits drive-thru lanes only within a parking structure, which is unclear how that will function for retail customers. Surface parking is prohibited in front of buildings. For properties that abut multiple streets parking is prohibited between the building and primary street, but "may" be permitted between the building and secondary street. With the wording"may" it creates uncertainty in creating site plans. • For the Super Valu site this language would eliminate virtually all the parking if 70th or Flying Cloud Drive is considered the primary street. • For Liberty Plaza Building A this language it is assumed that Flying Cloud Drive is the primary street thus all of the surface parking will be eliminated. • For Liberty Plaza Building B (Super Valu site)the 167-space parking lot at the corner of 70th and Flying Cloud Drive would be in conflict With parking based on case by case review it leaves un-certainty with potential clients. Parking ramps facing a public street must be appropriately screened. This is discussed more in Section 5, where it states that parking ramps facing public streets or public review require added design elements. Liberty Plaza A will have the south side of the parking ramp face Flying Cloud Drive and will require added architecture. This ramp and the future ramps in Liberty Plaza B would be visible from the new light rail, which may be considered a public view and thus require added architectural design. Density Standard is at a minimum of.5. • Super Valu site is at .22 • Liberty Plaza A is at .26 • Liberty Plaza B is at .64, only development that would meet the new requirement Front yard setback has a minimum of 10 feet and maximum of 20 feet • Super Valu site is 200 feet from 70th and 600 feet from Flying Cloud Drive • Liberty Plaza A is 150 feet from Flying Cloud Drive • Liberty Plaza B could comply along 70th street but building B is 100 feet from Flying Cloud Drive Useable Open Space of 5% is required and cannot constitute landscape along sidewalks, or plantings along the building or outdoor areas that prohibit public access during normal business hours. These open/public spaces could create greater public views which create higher architectural and landscape requirements. July 14, 2015 Page 3 Lot Standards, Impervious coverage is at 75%. This is less than typical industrial uses which are at 80-90% impervious. Buildings exceeding 50 feet in length along streets require architectural articulations, changes in building material or recess. • Super Valu site is 250 feet along 70th Street and 550 feet along Flying Cloud Drive • Liberty Plaza A is 250 feet along Flying Cloud Drive • Liberty Plaza B buildings are 250m feet along 70th Street Ground Floor Transparency is 60% minimum on street facades, which is a reasonable request. The ordinance further states that non-residential buildings street facing ground floor windows must be 100% clear. This would be very difficult for industrial or office uses which require privacy for industrial employees and office workers. Many manufacturing films may not want their product line exposed to public view. This language should be clarified. Building entrances must be provided every 60 feet along the street facing walls. • Super Valu site would require 4 entrances along 70th street and 9 entrances along Flying Cloud Drive • Liberty Plaza A would require 4 entrances along Flying Cloud Drive • Liberty Plaza B would require 4 entrances on each of the two buildings facing 70th Street Subdivision 4 building standards Building entrances must be provided every 60 feet and open to the public during all business hours. This is difficult for large industrial buildings. Large buildings are to incorporate articulation in street facing facades. This may be used to remove the requirement for entrances every 60 feet, but this will need to be clarified. Ordinance should identify what constitutes a large building. Subdivision 5 Off-Street Parking All Parking Structures shall be designed to be adaptable for non-parking re-use in the future. This will be an extreme cost for the construction of parking ramps Parking structure facades visible from public streets and public space shall architecturally match the building. As noted earlier it is unknown what is considered public space (i.e. the light rail). Also if all developments require 5%public open space then essentially all sides of a parking ramp will likely be exposed to public view. The ordinance does allow the placing of tenant signs on parking ramps which may be a benefit to tenants. July 14, 2015 Page 4 Subd 6 off-street pedestrian/bike facility standards Off-Street Bike parking shall be provided for all new structures or the enlargement of a structure Office require 10 spaces plus 1 space per 5,000 sq. ft. of gross floor area Light industrial requires 10 bike spaces plus 1 per every 10,000 sq. feet of gross floor area. Bike racks must be located 50 feet from primary building entrances If 20 or more spaces are required then you must cover 50% of them You can reduce the number of spaces by 25% if you can prove they are not needed but the space must be put into proof-of bike space and the landscape you put in that area cannot be counted toward the landscape plan. • SuperValu site would require 44 bike spaces with 22 of them being covered or inside. With the 25%proof of parking you would need 33 spaces. • Liberty Plaza A would require 36 bike spaces with 18 covered. 27 spaces will be required if 25% reduction is allowed • Liberty Plaza B would require 32 bike spaces for all of the buildings plus 52 for the 6-story building. Subd 7 Landscaping and Open Space New Ordinance Requires Current Ordinance 3-caliper inch deciduous trees 2.5 caliper inch 2-caliper inch deciduous under-story 1.5 caliper inch 8-feet tall coniferous trees 6-feet tall Total Caliper Inches Required is 3-inches of caliper for every 500 square feet of developable land. (does this mean developed land on a project, or all land that has the potential to be developed?) • Super Valu site is approximately 600,000 sq. feet of impervious thus require 1,200, 3-inch caliper trees • Liberty Plaza A is approximately 230,000 sq. feet of impervious would require roughly 458, 3- inch caliper trees • Liberty Plaza B is approximately 750,000 sq. feet of impervious surface and would require 1,500, 3-inch caliper trees. Due to the urban character the ordinance expects higher level of landscape design for the public open spaces and landscape. Higher levels can include green roofs and rooftop gardens. Other privately owned amenities such as public art, fountains and plazas will be encouraged to meet landscape standards. Need to be cautious of what controls the city has in requiring these type of private amenities. July 14, 2015 Page 5 Subd 8 Supplemental Analysis or Study All development and zoning applications must include a traffic study. All new development applications for office and light industrial uses must include a TDM. A typical TDM will cost between 3,000 to 5,000 dollars My analysis does not look at how the proposed ordinance could affect other Liberty properties. I felt comparing the ordinance to existing development and approved developments would provide a real- life account of how this ordinance may impact Liberty Property Trust. I believe the points I have raised can be clarified by staff and it may be appropriate to meet with city staff to walk through this scenario. One item that was brought up at the Planning Commission that should be looked at further is the landscape requirement for the TOD-MU. The code allows for 90%hard surface but then you need to place 3-inch of caliper for every 500 sq ft of building,where would you put that many trees, or shrubs? Regina Dean From: Phelps, Todd <Todd.Phelps@stinsonleonard.com> Sent: Sunday,July 12, 2015 10:27 AM To: Regina Dean Subject: Draft TOD Zoning District Ordinance Attachments: 2015 07 01 EP TOD Zoning District Draft- (stakeholder-PC).pdf; Met Council Resolution.pdf Follow Up Flag: Follow up Flag Status: Flagged Good morning Regina, I represent AGNL Health, L.L.C.,which owns the former ADC Telecommunications campus at 13625- 13675 Technology Drive, Eden Prairie, MN, which it leases to Optum Health, a subsidiary of United Health Group. Given that the Metropolitan Council recently passed a resolution (attached) to end the planned Southwest Light Rail Transit line at Southwest Station, deferring Eden Prairie Town Center Station and deleting Mitchell Station/Technology Drive segment, does the City of Eden Prairie intend to rezone AGNL's property to one of the TOD classifications (assuming the TOD ordinance is approved by the Planning Commission and City Council)? We're trying to understand (a)whether this TOD ordinance would, if passed, affect AGNL's property, and (b) if it does affect AGNL's property what, if any, are the impacts? I would appreciate any insight that you may be able to provide. Thank you. Best regards, Todd Todd M. Phelps I Partner I Stinson Leonard Street LLP 150 South Fifth Street,Suite 2300 I Minneapolis, MN 55402 T: 612.335.1871 I M: 612.251.1049 I F: 612.335.1657 todd.phelps@stinsonleonard.com I www.stinsonleonard.com Legal Administrative Assistant:Joleen Longbehn 1612.335.1989 I joleen.longbehn@stinsonleonard.com This communication (including any attachments)is from,a law firm and may contain confidential and/or privileged information. If it has been sent to you in error, please contact the sender for instructions concerning return or destruction, and do not use or disclose the contents to others. 1 Regina Dean From: Regina Dean Sent: Friday,July 10, 2015 11:08 AM To: 'pat.mulqueeny@epchamber.org' Subject: RE: Draft TOD Zoning District Ordinance Attachments: EP TOD Zoning District Draft PC Staff report 07-13-15.pdf Hi Pat, See the responses below. I have attached a copy of the Planning Commission Staff report. Please let me know if you have any questions. 1. In terms of doing this ordinance, is this ordinance being brought forward from the city staff, business asking for it or a bigger entity like Met Council? This is being brought forward by City Staff in response to and in support of policy direction established in the Comprehensive plan, Golden Triangle Plan, Major Center Area Plan,Town Center Design Guidelines, Investment Framework Document(TSAAP Document), etc. In addition, the TOD ordinance will likely help to strengthen the Federal New Starts Application. 2. In identifying the district, why is the distance being listed as a 10 minute walk area rather than an actual mileage/footage distance? I would think more people would be able to recognize a distance rather than a timed walk area —perhaps there is a distance marker and I missed it so please let me know if that is the case. There are walkshed maps that will be included once the language in the Guide Plan and Zoning Map are established. 3. What type of protection does current businesses in these areas have? Are they required to comply? If they add on or remodel, it appears they will be forced to comply—if that is the case, how would they alter parking, entrances etc.to comply? Why not have a grandfathered in piece for existing businesses (perhaps there is one)? Existing properties would be considered non-conforming. We are currently reviewing possible changes to the Applicability section to further the purpose of TOD while providing flexibility to existing business and property owners. 4. Drive thru's—have we seen how this would work in other areas where a drive thru window is part of a parking structure? Would businesses be OK with this or would this make the area un-appealing for restaurants, banks etc.? Traditional drive thru's are generally discouraged in TOD best practices. This would give opportunity for drive thru's to be established if certain performance standards are met. 5. Building entrances shall be open to the public during all business hours—is this a requirement currently for other areas of Eden Prairie? If not,what has been the feedback from businesses regarding this? This language is already established in the Town Center zoning district language. I have not heard any opposition to this requirement from stakeholders to date. 6. There is a piece in the ordinance about windows on street facing ground floor buildings to allow for indoor viewing of non-residential space—how would this work for businesses that may not want that visibility—if a company handled money, or someone in healthcare or other businesses where privacy is a concern? There may be opportunity to review this language and provide revisions to address this concern. 7. Supplemental analysis or study—discusses traffic study and a TDM plan that is paid for by the applicant. This sounds expenses and cumbersome to the business/applicant that might be looking to do the development. Is this required in other areas of the city? What would be a typical cost to do this? This is a typical requirement by 1 the city for proposed office uses. The cost is dependent on the depth of the study or analysis required and the proposed TDM plan. I would be interested in a list of businesses that have been sent this information and what there feedback is to date. (I will provide a spreadsheet with the list of contacts). Also—is this just for the SWLRT stations or would this include future bus stations that could be built? And, what would constitute that—I am guessing a stop on a roadway is not (like a Valley View Road bus stop)versus a park and ride or structured bus stop—i.e. Southwest Station. The TOD ordinance could be applicable to future transit stations such as Light Rail or bus rapid/commuter transit. The applicability areas will be further identified through the Comprehensive Guide Plan amendment process. Regina Dean Senior Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 952-949-8490 (phone) 952-949-8392 (fax) www.edenprairie.org From: Regina Dean Sent: Thursday, July 09, 2015 4:10 PM To: 'Pat Mulqueeny' Subject: RE: Draft TOD Zoning District Ordinance Hi Pat, I wanted to let you know that I received your email and I hope to provide a response by noon tomorrow. Regina Dean Senior Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8490 (phone) 952-949-8392 (fax) www.edenprairie.org From: Pat Mulqueeny [mailto:pat.mulqueenyftepchamber.orq] Sent: Thursday, July 09, 2015 10:41 AM To: Regina Dean Cc: David Lindahl Subject: RE: Draft TOD Zoning District Ordinance Regina, I have some questions and concerns related to the proposed ordinance. To try and make this as easy as possible I will bullet them below: 1. In terms of doing this ordinance, is this ordinance being brought forward from the city staff, business asking for it or a bigger entity like Met Council? 2 2. In identifying the district, why is the distance being listed as a 10 minute walk area rather than an actual mileage/footage distance? I would think more people would be able to recognize a distance rather than a timed walk area—perhaps there is a distance marker and I missed it so please let me know if that is the case. 3. What type of protection does current businesses in these areas have? Are they required to comply? If they add on or remodel, it appears they will be forced to comply—if that is the case, how would they alter parking, entrances etc.to comply? Why not have a grandfathered in piece for existing businesses (perhaps there is one)? 4. Drive thru's—have we seen how this would work in other areas where a drive thru window is part of a parking structure? Would businesses be OK with this or would this make the area un-appealing for restaurants, banks etc.? 5. Building entrances shall be open to the public during all business hours—is this a requirement currently for other areas of Eden Prairie? If not,what has been the feedback from businesses regarding this? 6. There is a piece in the ordinance about windows on street facing ground floor buildings to allow for indoor viewing of non-residential space—how would this work for businesses that may not want that visibility—if a company handled money, or someone in healthcare or other businesses where privacy is a concern? 7. Supplemental analysis or study—discusses traffic study and a TDM plan that is paid for by the applicant. This sounds expenses and cumbersome to the business/applicant that might be looking to do the development. Is this required in other areas of the city? What would be a typical cost to do this? I would be interested in a list of businesses that have been sent this information and what there feedback is to date. Also—is this just for the SWLRT stations or would this include future bus stations that could be built? And, what would constitute that—I am guessing a stop on a roadway is not(like a Valley View Road bus stop)versus a park and ride or structured bus stop—i.e. Southwest Station. I know this is a long list, but I was trying to be as thorough as possible. I appreciate your feedback and insight on this proposal. Pat MulQueeny, IOM President Eden Prairie Chamber of Commerce (952)944-2830 Get involved with the Chamber! Go to epchamber.org for program and event details—we want to see you at one of our 120+ programs and events this year! ep colon a..,.< acommorm FOLLOW THE EDEN PRAIRIE CHAMBER ON SOCIAL MEDIA! From: Regina Dean [mailto:rdean@edenprairie.orq] Sent: Wednesday, July 08, 2015 5:58 PM Cc: David Lindahl Subject: Draft TOD Zoning District Ordinance Dear Stakeholder, 3 Attached is draft copy of the proposed Transit Oriented Development Zoning Ordinance. As this is still a draft please feel free to provide written comments to my attention. Please note,the proposed ordinance language is scheduled for review by the Planning Commission at a Public Hearing on Monday, July 13tht at 7pm. PROPOSED TIMELINE FOR TOD ORDINANCE ADOPTION(language only) July 13th Planning Commission Public Hearing August 18th City Council Public Hearing(if approved by Planning Commission) August 18th—City Council Consent Agenda(unanimous approval required for consent to occur the same evening) September 8th—City Council Consent Agenda(if needed) If you have any questions or would like to setup a meeting please contact me by phone or email. Regina Dean Senior Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 952-949-8490 (phone) 952-949-8392 (fax) www.edenprairie.org 4 Regina Dean From: Regina Dean Sent: Thursday,July 02, 2015 12:59 PM To: 'Julie LaSota' Subject: RE: Draft Transit Oriented Development Zoning Ordinance Hi Julie, The ordinance is language only which in the future could be applied for by a property owner for land in close proximity to a future transit station. We do not intend to re-guide or rezone land at this time. The Town Center Guiding (which is already in place) and the Town Center Zoning Ordinance would likely be the appropriate mix for the Watertower Apartment site and future Town Center station area. Regina Dean Senior Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 952-949-8490 (phone) 952-949-8392 (fax) www.edenprairie.org From: Julie LaSota [mailto:jlasota@ 1psi.com] Sent:Thursday, July 02, 2015 11:00 AM To: Regina Dean Subject: Re: Draft Transit Oriented Development Zoning Ordinance Thank you for sending this. Is this specifically for the area around Watertower Apartments? Just wondering as we, Lincoln Property Company, no longer manager it. Thank you. -Julie .■ ill i II Julie LaSota Regional Property Manager �' Minneapolis I Minnesota 1 0 _ (o) 952.303.3021 .303.3021 (c) 612.387.9153 i lasotaipsi.com I LincolnApts.com I #LPCWeCare ---------, PASSION CA © ®(CELEBRATING 5 �= LIHCOLN .....PR .pOMPRNY SO YEARS OF 1 On Wed, Jul 1, 2015 at 5:18 PM, Regina Dean<rdean!,edenprairie.org>wrote: Dear Stakeholder, Attached is draft copy of the proposed Transit Oriented Development Zoning Ordinance. As this is still a draft please feel free to provide written comments to my attention. Please note,the proposed ordinance language is scheduled for review by the Planning Commission at a Public Hearing on Monday, July 13th at 7pm. ! If you have any questions or would like to setup a meeting please contact me by phone or email. Thank you in advance! Regina Dean Senior Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8490 (phone) 952-949-8392 (fax) www.edenprairie.org 2 Regina Dean From: larry mikan <glm_91910@yahoo.com> Sent: Thursday,July 02, 2015 3:14 PM To: Regina Dean Cc: David Lindahl; 'Bruce Clark' Subject: Re: Draft Transit Oriented Development Zoning Ordinance Regina: Understood. Thanks for the feedback. 605 PRAIRIE CENTER DRIVE,LLC Larry Mikan Its Managing Member 619.571.5565 From: Regina Dean <rdean(a edenprairie.orq> To: 'larry mikan' <qlm 91910(a yahoo.com> Cc: David Lindahl <DLindahl(a�edenprairie.org>; 'Bruce Clark' <bruceclark11(cc�aol.com> Sent: Thursday, July 2, 2015 11:05 AM Subject: RE: Draft Transit Oriented Development Zoning Ordinance Hi Larry, The ordinance is language only which in the future could be applied for by a property owner for land in close proximity to a future transit station. We do not intend to re-guide or rezone land at this time. The City will be in continued contact with stakeholders as we evaluate changes to the Comprehensive Guide Plan and Zoning of land at a future date. Since the Presbyterian Homes/CVS project is part of a Planned Unit Development any changes to the approved plan, use or site would be subject to a Planned Unit Development Amendment. Please let me know if you have any further questions. Regina Dean Senior Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8490 (phone) 952-949-8392 (fax) www.edenprairie.orq From: larry mikan [mailto:glm 91910(a�yahoo.com] Sent: Wednesday, July 01, 2015 6:39 PM 1 To: Regina Dean Cc: David Lindahl; Bruce Clark Subject: Re: Draft Transit Oriented Development Zoning Ordinance Regina: Regarding the proposed ordinance, "No Neighborhood Commercial individual tenant space shall exceed 10,000 sq. ft. in area with the exception of grocery stores ". Clark Investment Properties, Inc. and 605 Prairie Center Drive, LLC own approximately two acres at the intersection of Prairie Center Drive and Columbine Drive in Eden Prairie subject to a ground lease with Grand St. Paul CVS, LLC. The CVS retail drug store building is approximately 13,000 sq. ft. What impact will this ordinance have on us when the CVS ground lease expires and we then own the 13,000 sq. ft. building which we will in all likelihood lease out to an individual tenant? 605 PRAIRIE CENTER DRIVE, LLC Larry Mikan Its Managing Member 619.571.5565 - - ---- --...---------- —---------__-________--------------..._.From: Regina Regina Dean <rdeanedenprairie.orq> To: Cc: David Lindahl <DLindahl(�edenprairie.orq> Sent: Wednesday, July 1, 2015 3:18 PM Subject: Draft Transit Oriented Development Zoning Ordinance Dear Stakeholder, Attached is draft copy of the proposed Transit Oriented Development Zoning Ordinance. As this is still a draft please feel free to provide written comments to my attention. Please note, the proposed ordinance language is scheduled for review by the Planning Commission at a Public Hearing on Monday, July 13th at 7pm. If you have any questions or would like to setup a meeting please contact me by phone or email. Thank you in advance! Regina Dean Senior Planner City of Eden Prairie 2 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8490 (phone) 952-949-8392 (fax) www.edenprairie.org 3 Regina Dean From: Regina Rojas Sent: Thursday,April 23, 2015 9:57 AM To: Sand,Jerry; 'Nagel,Jamie';Vinje, Ken (kvinje@karealty.com) Cc: David Lindahl;Janet Jeremiah Subject: Kraus Anderson Meeting Follow up Attachments: Kraus-Anderson Meeting Recap 04-16-15.pdf All— RE: Kraus Anderson Meeting Follow up Thank you for taking the time to meet with City staff last week. The feedback that we receive from our stakeholders is valued as we work through next steps in development of the proposed Transit Oriented Development zoning ordinance. As promised, I have attached notes recapping our discussion. Feel free to share these notes with other members of the City West Association. Also, if any members of the association would like a follow up meeting with City staff please forward them my contact information. Sincerely, Regina Rojas Senior Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 952-949-8490 (phone) 952-949-8392 (fax) www.edenprairie.org 1 Meeting Recap with Kraus-Anderson Realty Company Subject: Transit Oriented Development Draft Ordinance • , IJ Meeting Date: Thursday,April 16, 2015 EDEN Meeting Time: 10:30-11:30am PRAI RI E Meeting attendees: LIVE•WORK•OREAM Kraus-Anderson—Ken Vinje,Jerome A. Sand,Jr.,Jaime Nagel City Staff—Janet Jeremiah, David Lindahl, Regina Rojas TOD Ordinance Overview: City staff provided an overview of the purpose and goals of the proposed Transit Oriented Development Ordinance. Proposed Trails Location: Krause Anderson (KA) expressed concern about the proposed trail connection shown in the Investment Framework Document and walkshed maps. The trail is shown as a future bike and pedestrian connection starting from the City West Station and following the LRT track alignment south along Highway 212 with spurs connecting to the Prime Tech building parking lots. KA was concerned with the location of the proposed trail and spurs into their parking areas. City staff showed an alternative trail location being considered by the City that provides a more direct connection between the Station and Prime Tech around the wooded hill behind the Park at City West apartments and Milestone AV Technologies.The alternative trail would not require spurs into KA's parking lot but would provide a more proximate and direct connection to the future station for KA's tenants. TOD Ordinance Area: Prime Tech office buildings owned by KA are on the edge of the area described as the 10 minute walkshed from the future station area. City staff suggested that since the properties are on the cusp of the walkshed,future TOD zoning would not necessarily have to be applied initially to their sites. If this approach is ultimately adopted by the Council and KA proactively pursues redevelopment at some time in the future, then KA could still potentially apply for TOD Zoning. Non-Conforming Properties: KA expressed concern about their properties becoming non- conforming if the TOD zoning is applied and were curious to know what percentage of building increase (expansion) would be allowed without triggering compliance with the new ordinance. Staff explained that the City is currently evaluating this topic based upon these stakeholder meetings and will be proposing language in the final draft of the ordinance. In the past,staff has worked with property owners and has demonstrated flexibility in times of transition. Staff highlighted that this is a concern that we are also hearing from other property owners. KA expressed preference for an ordinance that offers transition and compromise and would like flexibility if they were to propose redevelopment in the future. It was expressed that having options is good. Environmental Sustainability: KA has experience with implementing sustainably features into building design and remodeling.The changes aren't necessarily at the request of the tenant, but are based on corporate responsibility and cost benefit.The Prairie Lakes building (not within the TOD zoning area) was identified as a KA owned building where sustainability features are"tested". The Prairie Lakes building has designated parking near the building entrance for fuel efficient vehicles. There is high demand for these spaces. Parking Maximums: KA discussed the trend in office development to have smaller work spaces and more occupants which drives up parking needs. They indicated office buildings often demand parking with a ratio of 6 parking spaces or more per 1,000 square feet of gross floor area. The Prime Tech development is parked just under 5 parking spaces per 1,000 square feet of gross floor area. The office buildings are not fully occupied, but if they were it could be a struggle to meet the parking needs of future tenants. Light rail transit should provide an alternative mode of transportation for employees within close proximity to a station and in theory should reduce the parking demand. Bicycle Parking: KA indicated this is not currently in high demand for their office sites, but bike racks and shower facilities area available for bike commuters. Regina Dean From: Regina Rojas Sent: Thursday, February 19, 2015 4:03 PM To: 'Watertower Apartments Manager' Subject: RE: Presentation, 1 on 1 meeting Attachments: Stakeholder Meeting Powerpoint 02-11-15.pdf HI Jay, Attached is the PowerPoint from last week's meeting. I will email you tomorrow with some suggested dates and times to meet one-on-one regarding the TOD ordinance. Regina Rojas Senior Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8490 (phone) 952-949-8392 (fax) www.edenprairie.org From: Watertower Apartments Manager [mailto:watertowermgr@lincolnapts.com] Sent: Tuesday, February 17, 2015 9:46 AM To: Regina Rojas Subject: Re: Presentation, 1 on 1 meeting Hi Regina, Just following up on this. Would you be able to do a one on one meeting with us to discuss the new light rail transit proposal? Thanks, III [f1 Watertower Apartments II Jay Hanson I Business'Manager 1 � '`CELEBRATING 5 Q 12300 Singletree Ln, Suite 300 I Eden Prairie, MN 55344 = now possioN 1 pRuGl S (o) 952.944.8555 I watertowerapts.com ( #LPCturns50 IINCOLN PROPERTY COMPANY 0000000 ,ilasor SD YEARS ° 1 On Thu, Feb 12, 2015 at 9:43 AM, Watertower Apartments Manager<watertoweuun_gr@lincolnapts.com> wrote: Hi Regina, Thank you for the great presentation yesterday! We are very excited about the LRT coming to Eden Prairie! I was wondering if you could send me the power point slides so I can go over it with my boss. Also, I am interested in setting up a meeting with you to go over the specifics of the LRT proposal as it looks like our property will be directly adjacent to the station. Would you be available next week to have a one on one meeting? Let me know some times next week you could meet, my schedule is pretty open. Thanks, [ III gin. Watertower Apartments Jay Hanson I Business Manager i RAT�NG 50 _ 12300 Singletree Ln, Suite 300 I Eden Prairie, MN 55344 CMLMB pEMILE ATT5! (o) 952.944.8555 I watertowerapts.com I #LPCturns50 IIHCOLH PROPERTY COMPRBY 0000000 EST.1965 `? • 0 YEARS �E 2 Regina Dean From: Harrington, Dan R <DHARRINI@Fairview.org> Sent: Thursday, February 12, 2015 7:53 AM To: Regina Rojas Subject: LRT TOD Regina: Please send me a copy of the power point presentation from yesterday's public meeting. Fairview is considering some options at our clinic site at 830 Prairie Center Dr. We may want to have a meeting to review how City planning affects those plans. I appreciate the opportunity to review and discuss what's going on. Thanks Dan R. Harrington, RPA, LEED AP BD&C Facility Manager Fairview Health Services (612) 672-2298 Please don't print this e-mail unless you really need to.Thank you The information transmitted in this e-mail is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material,including'protected health information'.If you are not the intended recipient,you are hereby notified that any review,retransmission,dissemination,distribution,or copying of this message is strictly prohibited.If you have received this communication in error,please destroy and delete this message from any computer and contact us immediately by return e-mail. 1 Larkin Hoffman Larkin Hoffman ATTORNEYS 8300 Norman Center Drive Suite 1000 Minneapolis,Minnesota 55437-1060 GENERAL: 952-835-3800 FAX 952-896-3333 WEB: www.larkinhoffman.com August 18, 2015 The Honorable Mayor Nancy Trya-Lukens And City Council Members City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Impact of TOD Ordinance on 6740 Shady Oak Road Dear Mayor and City Council: We represent Evine Live Inc., the owner of property with the addresses 6700, 6740 and 6678- 6698 Shady Oak Road (the "Property"). The purpose of this letter is to comment on the proposed Transit Oriented Development ("TOD") ordinance in general, and raise specific concerns regarding its application to the Property. Our client's concerns are similar to other commercial/industrial property owners in proximity to the proposed station on Shady Oak Road and have been provided to City planning staff Overall, our client believes the planning and implementation of a regulatory framework encouraging transit oriented development in the vicinity of the proposed transit station is a laudable public objective. However, other communities have struggled with strict application of TOD regulations that diminish the value of existing commercial or industrial property in the near term. The key, as staff suggests, will be clear flexibility to transition between the built environment and any proposed redevelopment by allowing certain reasonable changes to the property as a matter of right rather than at the City's discretion. We are encouraged that City staff has identified these concerns and is suggesting a process for further mitigation. It appears that the Property has been identified for redevelopment in the Investment Framework for the Southwest Corridor, adopted by Hennepin County. Until such time as the owner of the property brings forward a redevelopment project for consideration by the City, which may be years from now, or not at all, the TOD regulatory framework should not discourage repair, maintenance, remodeling, repair and even modest expansion of the buildings on the Property. For that reason, I have highlighted provisions of the TOD-E district regulations which could interfere with this objective, if strictly applied, thereby devaluing affected properties. 1. The ground floor in all buildings in the TOD-E district must be commercial ready along the primary transit street. This means that the first floor must be built in such a way to accommodate commercial and retail uses. The Honorable Mayor Nancy Trya- Lukens and City Council Members August 18, 2015 Page 2 2. Off-street parking must be provided in an enclosed building or structure. This means parking must be underground or in structured parking, except visitor spaces, which could be located behind the building, away from the street on which transit is located. 3. Buildings exceeding 50 feet in width along streets are required to incorporate articulation in street-facing facades. 4. All buildings shall provide pedestrian-oriented design features along streets, sidewalks, pedestrian ways, and pedestrian areas. 5. Structures must provide a minimum of two stories; maximum height is limited by the Comprehensive Plan. 6. Warehouse and distribution is an accessory use and limited to 10% of the Gross Floor Area of a structure. This list is representative of the potential for difficulty in implementing the TOD ordinance if the City does not include clear and specific flexibility within the ordinance that does not require further action by the City Council in each case. In addition, it is noteworthy that the TOD ordinance simply cites to Minnesota Statutes, Section 462.357, Subdivision 1.e, and does not provide any greater protection to existing uses than afforded by statute. In a practical sense, if the Property is rezoned TOD-E, any zoning letter issued by the City at the request of a lender or buyer would most likely indicate that the Property is nonconforming with TOD ordinance. This creates an unnecessary stigma on the property which owners and lenders cannot address without first seeking some formal action by the City Council. We will continue to work with City staff to address the negative implications of strict application of the TOD ordinance to existing commercial and industrial property. We would suggest that these refinements are in place prior to any rezoning of the Property. Thank you. Sin rely, William C. Griffith, for Larkin Hoffman Direct Dial: 952-896-3290 Direct Fax: 952-842-1729 Email:, wgriffith@larkinhoffman.com cc: Janet Jeremiah, Community Development Director Regina Dean, Senior Planner Kathleen Porta, City Clerk Rob A. Stefonowicz, Esq. 4811-9036-2919,v. 1 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing August 18, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 15-01 ITEM NO.: IX.D. Denise Christensen Vacation of a portion of the public drainage Public Works/Engineering and utility easements over Lot 1, Block 1, Five Mitchell Crossing Requested Action Move to: • Close the public hearing; and • Adopt the resolution vacating the a portion of the public drainage and utility easements over Lot 1,Block 1, Five Mitchell Crossing Synopsis The owners of the Martin Blu apartments requested the vacation of a portion of the public drainage and utility easements to accommodate a sign at the intersection of Mitchell Road and Martin Drive. Background Information The public drainage and utility easement areas to be vacated were originally dedicated with the plat of Five Mitchell Crossing. The owners of the Martin Blu apartments would like easements vacated to accommodate the permanent posts needed to support a sign at the intersection of Mitchell Road and Martin Drive. The sign will be removable from the permanent posts to allow use of all the remaining drainage and utility easement due to the large number of buried utilities in the easement. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- NOTICE OF VACATION OF A PORTION OF THE PUBLIC DRAINAGE AND UTILITY EASEMENTS LYING OVER,UNDER AND ACROSS LOT 1,BLOCK 1, FIVE MITCHELL CROSSING,HENNEPIN COUNTY,MINNESOTA VACATION 15-01 WHEREAS, the City of Eden Prairie has certain Drainage and Utility Easements described as follows: That part of the drainage and utility easement, as dedicated on the recorded plat of FIVE MITCHELL CROSSING, Hennepin County, Minnesota, lying within Lot 1, Block 1, said plat, described as follows: Commencing at the southwest corner of said Lot 1; thence North 38 degrees 04 minutes 06 seconds West along the southwesterly line of said Lot 1, a distance of 12.58 feet;thence North 51 degrees 55 minutes 54 seconds East a distance of 1.33 feet to the point of beginning of the easement to be described;thence continue North 51 degrees 55 minutes 54 seconds East a distance of 4.00 feet;thence North 38 degrees 04 minutes 06 seconds West a distance 4.00 feet;thence South 51 degrees 55 minutes 54 seconds West a distance of 4.00 feet; thence South 38 degrees 04 minutes 06 seconds East, a distance of 4.00 feet to the point of beginning. Together with that part of the drainage and utility easement, as dedicated on the recorded plat of FIVE MITCHELL CROSSING, Hennepin County,Minnesota, lying within Lot 1, Block 1, said plat, described as follows: Commencing at the southwest corner of said Lot 1; thence North 38 degrees 04 minutes 06 seconds West along the southwesterly line of said Lot 1, a distance of 28.57 feet;thence North 51 degrees 55 minutes 54 seconds East a distance of 1.33 feet to the point of beginning of the easement to be described;thence continue North 51 degrees 55 minutes 54 seconds East a distance of 4.00 feet;thence North 38 degrees 04 minutes 06 seconds West a distance 4.00 feet;thence South 51 degrees 55 minutes 54 seconds West a distance of 4.00 feet; thence South 38 degrees 04 minutes 06 seconds East a distance of 4.00 feet to the point of beginning WHEREAS, a Public Hearing was held on August 18, 2015, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described Drainage and Utility Easements has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Drainage and Utility Easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Drainage and Utility Easements described above are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on August 18, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk -( S 411`, ,°h'/44 /4)0 JERK ,�� Y a ROSES v P L. *ile. 1 O ti R, /i0 G�• CRO WN � Z o 5P G04O Ot6O P 10. O0 . 105. DR. . �i • 4N SAND �O Fti \LL CIR. 2 a • - CT a zQ„ r^ o KERRY o GI. L���Z J 0`�0 �0 APB' 77. Ce �/ 441 d� rrl � 0 0 2 v S �p�EST HI 78. q�� 2kSV' EEKSID Ak m 6Fti 1. o RD w 117. °R G4 s CR CI' do R J I o • -c co 121 p� F�0• z LLI 2`100��• y ROBER ii .0 '7'WM #ck-A1P 'F'i pco. STE �! �oQ RD a�x `/s�q PLO OPT NO- I O �0� 1. N> 64,6>:-.1+ �' o I O VALLEY _ c.) . ..1 cn I 0 Ii' c10 � Hm .,IF qy �9. m `� 0LI \) G o�, 39 ti��\�� VI IIQ '9 �W Q J O� O F �c3 Qz-ct Q GF' Lu 0 MgRT c° j O '34 i I o G114, /Tq6E ANAGR P� LA. /N DR. ?? D; < I 0La pR X ORE 7 . T �— �_ ``' r 5 21 , o s 10 <P. LONE 1615 • 21 c., OAK RD. 9 T116N R22W s Q - I CyN•L0 3 TECHNOLOGY OR CITY CENTER W 0 0 SCENIC HTS. RD. ANDERSO4, 6: m ,� 3 1I %CT. 1113 .� RWIN.11.411114 DR. zURAY v ��GF A tVAC 15-01 NORTH LOCATION MAP ° ° sEXISTING FEATURE LEGEND 1► --. 1 e► ,Sambatek . I.—I Y WATERMAIN -———- EASEMENT LINE ° „D- 0 SANITARY SEWER CONCRETE CURB www.sambatek.com N _ S°, °S ° J —DDT STORM SEWER - BUILDING LINE 12800 Whitewater Drive,Suite 300 rn c I �,/' —III— DRAIN TILE ° o 5 CONCRETE SURFACE Minnetonka,MN 55343 1-- 1 Si ►- ,� —UE-0 ELECTRIC TRANSFORMER I--1 763. 10 tflcphane L—J AREA TO BE VACATED 763.476.8532 facsimile 1 .-- • L— - S �� —UT TELEPHONE PEDESTAL Engineering'Surveying l Planning l Environmental F ---__ I DRAINAGE&U7/UTY EASE NT _„'/ ° cc p GAS METER m — y PER PLAT OF 5 MITCHELL CR SSING ,-,-" ° In _ o CHAIN LINK FENCE Client �j I T r I I r— I S ° L T— �SIGN ESG 0 o iv. I I WII F� F- I 'r CO I I I I \/ I I L� L_ ♦_ ♦ \-- — _ �o- ARCHITECTS N 0- S 4�X30� 5- °S ' , 1 �O �%-- PROPOSED <I °vv ° ',mu: ° , DRAINAGE AND UTILITY EASEMENT TO BE VACATED t` a � \ SIGN AREA o_ _ 5 , , \ 0� S°°\v` S That part of the drainage and utility easement,as dedicated on the recorded Project i� r� i` :� :� I I i♦ plat of FIVE MITCHELL CROSSING,Hennepin County,Minnesota lying within Lot I I Ff I I 1 1%1 1. P P Y g •e I % \I .i .i I I • \I t 14 \ v, ° 1,Block 1,said plat,described as follows: MARTIN BLU s S 5�0 'tee P�BLICL=EO a Commencing at the southwest corner of said Lot 1;thence North 38 degrees 04 ap '\y 4 ° minutes 06 seconds West along the southwesterly line of said Lot 1,a distance \551��p0 :o o / I L 0 T 1 Al.= of 12.58 feet;thence North 51 degrees 55 minutes 54 seconds East a distance of Location PROPOSED--_ _ .. 0 4. \ - \ 1 1.33 feet to the point of beginning of the easement to be described;thence SIGN POST v c \\ll"\ continue North Si degrees 55 minutes 54 seconds East a distance of 4.00 feet; E D E N PRAIRIE do\$ 5kc oo °S S thence North 38 degrees 04 minutes 06 seconds West a distance of 4.00 feet; / oa' d55 _ ' BLOCK 1 thence South 51 degrees 55 minutes 54 seconds West a distance of 4.00 feet; r l N �s�51 \ thence South 38 degrees 04 minutes 06 seconds East,a distance of 4.00 feet to t V t the point of beginning. t ��..Ar55'S4E c 33 Certification ` 1. \- t Ihereby certify Mat this survey,plan or report was prepared by Together with that part of the drainage and utility easement,as dedicated on or under mydlr. supe-hlpnand Mat Iama duly Licem.d \ \ , the recorded plat of FIVE MITCHELL CROSSING,Hennepin County,Minnesota me SURVEYOR under the laws of the Sate of Mlnn.ota. PRIVATELY OWNED t SWLY LINE, LOT 1--'- t lying within Lot 1,Block 1,said plat,described as follows: in p A� (PER PLAN) t �•'� �'t "rV Z`m \ ,-PROPOSED t ° Commencing at the southwest corner of said Lot 1;thence North 38 degrees 04 Rick M.Blom �$ `Q SIGN POST t minutes 06 seconds West along the southwesterly line of said Lot 1,a distance Registration No.21729 Date:07/22/2015 Ayi>' I S°, e applicable,cons.us for a we signed copy&this surrey O a� 4 j 1 0 of 28.57 feet;thence North 51 degrees 55 minutes 54 seconds East a distance of wha is available upon request at 5ambatek's,Minnetonka,MN �� �� 5\ /pp o , 1.33 feet to the point of beginning of the easement to be described;thenceoffice. �, o..'/ o07 p.. I continue North 51 degrees 55 minutes 54 seconds East a distance of 4.00 feet; Summary A' 1 ,S thence North 38 degrees 04 minutes 06 seconds West a distance of 4.00 feet; Approved:RMB Drawn:c10 p\oo Op //� thence South 51 degrees 55 minutes 54 seconds West a distance of 4.00 feet; •�� h•�5kE �l 1 thence South 38 degrees 04 minutes 06 seconds East a distance of 4.00 feet to Revision History /py5 I ° the point of beginning. ��\ oo j S ° No.Date By Submittal/Rev. c us -\\ uc Uc— N51`5554E uc----------- I e— 1.33 uc�—uc� s °s , , ° ,. ° °, ° s Sheet Title s ° a s ° , , , s 6£ .,° s i Easement S S ° I ° ?-. ,° °S PRIVATELY OINKED°, ° °° ; Vacation Exhibit ,,A, A: 0. S S ° ° ° ° °° ° 1► t►5 < 5 /►a 1► ►►° ►k ° ° °I ° , S . - ° ° ° S S, S r s s`° .a . . . s i . . Sheet No. Revision S UNE, LOT 1 NORTH 1 "SW CORNER, LOT 1 S89°20'45"E 360.7 0 5 SCALE Project No.ESG 19856 Jul 22,2015-5:17pm-User:550 L:\PROJECTS\E5G19856\dwg\19856-SIGN EXHBT-2.dwg VACATION 15-01 NOTICE OF VACATION OF A PORTION OF THE PUBLIC DRAINAGE AND UTILITY EASEMENTS LYING OVER,UNDER AND ACROSS LOT 1, BLOCK 1, FIVE MITCHELL CROSSING, HENNEPIN COUNTY, MINNESOTA Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on August 18, 2015 at 7:00 p.m. to hear all persons present upon the proposed vacation of a portion of public drainage and utility easements described as follows: That part of the drainage and utility easement, as dedicated on the recorded plat of FIVE MITCHELL CROSSING, Hennepin County, Minnesota, lying within Lot 1, Block 1, said plat, described as follows: Commencing at the southwest corner of said Lot 1; thence North 38 degrees 04 minutes 06 seconds West along the southwesterly line of said Lot 1, a distance of 12.58 feet;thence North 51 degrees 55 minutes 54 seconds East a distance of 1.33 feet to the point of beginning of the easement to be described; thence continue North 51 degrees 55 minutes 54 seconds East a distance of 4.00 feet;thence North 38 degrees 04 minutes 06 seconds West a distance 4.00 feet;thence South 51 degrees 55 minutes 54 seconds West a distance of 4.00 feet; thence South 38 degrees 04 minutes 06 seconds East, a distance of 4.00 feet to the point of beginning. Together with that part of the drainage and utility easement, as dedicated on the recorded plat of FIVE MITCHELL CROSSING, Hennepin County, Minnesota, lying within Lot 1, Block 1, said plat, described as follows: Commencing at the southwest corner of said Lot 1; thence North 38 degrees 04 minutes 06 seconds West along the southwesterly line of said Lot 1, a distance of 28.57 feet;thence North 51 degrees 55 minutes 54 seconds East a distance of 1.33 feet to the point of beginning of the easement to be described; thence continue North 51 degrees 55 minutes 54 seconds East a distance of 4.00 feet;thence North 38 degrees 04 minutes 06 seconds West a distance 4.00 feet;thence South 51 degrees 55 minutes 54 seconds West a distance of 4.00 feet; thence South 38 degrees 04 minutes 06 seconds East a distance of 4.00 feet to the point of beginning. By Order of the City Council Published in the Eden Prairie News on July 30, 2015 NOTIFICATION LIST VACATION REQUEST 15-01 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 1011622330032 1011622330038 1011622330042 1011622330044 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications Comcast Cable Xcel Energy CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims August 18, 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 239689 - 240319 Wire Transfers 1011274 - 1011605 Wire Transfers 5472 - 5505 May Purchasing Card Report June Purchasing Card Report City of Eden Prairie Council Check Summary 8/18/2015 Division Amount Division Amount General 131,930 304 Senior Board 425 100 City Manager 4,821 306 Federal Forfeiture Drugs 8,995 101 Legislative 2,029 308 E-911 1,601 102 Legal Counsel 30,719 309 DWI Forfeiture 21 110 City Clerk 892 314 Liquor Compliance 600 111 Customer Service 7,746 315 Economic Development 1,550,855 112 Human Resources 402 316 WAFTA 998 113 Communications 19,121 445 Cable PEG 1,758 114 Benefits&Training 16,527 502 Park Development 1,500 130 Assessing 107 509 CIP Fund 69,243 131 Finance 635 513 CIP Pavement Management 8,883 132 Housing and Community Services 19,781 522 Improvement Projects 2006 149,396 133 Planning 5,057 527 CIP-Leasing Costs 101,283 136 Public Safety Communications 10,770 528 Shady Oak Rd-CR 61 North 17,931 137 Economic Development 436 529 Shady Oak Rd-CR 61 South 318,051 138 Community Development Admin. 856 530 Pool Upgrade/Expansion 904,234 151 Park Maintenance 63,992 531 Eden Prairie Road 91,889 153 Organized Athletics 451 532 EP Road Connect Flying Cloud 6,651 154 Community Center 105,972 534 West 7th St.Extension 40,636 155 Beaches 595 Total Capital Projects 3,274,948 156 Youth Programs 15,309 157 Special Events 39,121 601 Prairie Village Liquor 294,454 158 Senior Center 4,809 602 Den Road Liquor 486,239 159 Recreation Administration 5,581 603 Prairie View Liquor 313,939 160 Therapeutic Recreation 5,799 605 Den Road Building 5,637 162 Arts 11,837 701 Water Fund 431,901 163 Outdoor Center 3,616 702 Sewer Fund 626,219 164 Park Rental Facilities 470 703 Storm Drainage Fund 108,953 168 Arts Center 2,053 Total Enterprise Funds 2,267,341 180 Police 23,592 184 Fire 40,048 803 Escrow Fund 19,535 186 Inspections 2,369 806 SAC Agency Fund 119,280 200 Engineering 7,641 807 Benefits Fund 1,525,189 201 Street Maintenance 927,676 809 Investment Fund 10,176 202 Street Lighting 73,790 810 Workers Comp Insurance 4,656 Total General Fund 1,586,549 811 Property Insurance 227,359 812 Fleet Internal Service 302,787 301 CDBG 51,593 813 IT Internal Service 184,761 303 Cemetary Operation 1,188 814 Facilities Capital ISF 57,840 312 Recycle Rebate 3,123 815 Facilites Operating ISF 82,508 Total Special Revenue Fund 55,904 816 Facilites City Center ISF 114,067 817 Facilites Comm.Center ISF 123,554 427 2005 G.O.IMPR BONDS 350 2,771,712 433 2007A Facility Lease-3rd Rink 27,188 439 G.O.Refunding Bonds 2011C 29,641 Report Total 10,739,476 441 2012A G.O.Refunding Bonds 59,128 442 2012B G.O.Refund Capital Imp 33,453 443 2012C GO Perm Impr Ref Bonds 83,750 447 GO Tax Abatement Bonds 2014A 549,513 783,023 City of Eden Prairie Council Check Register 8/18/2015 Check# Amount Supplier/Explanation Account Description Business Unit Explanataion 239888 807,315 RIM CONSTRUCTION INC Building Aquatics&Fitness Expansion Aquatics&Fitness Expansion 239833 790,002 BITUMINOUS ROADWAYS INC Asphalt Overlay Street Maintenance Street Asphalt Overlay 5482 781,923 WELLS FARGO BANK MINNESOTA NA Interest GO Tax Abatement Bonds 2014A Bond Payment 240086 710,966 C S MCCROSSAN CONSTRUCTION INC Improvement Contracts TIF Infrastructure Shady Oak Interchange 240017 570,786 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Sewer Utility-General Monthly MCES Fee 239736 454,852 GENERAL GROWTH PROPERTIES INC TIF Payment Project Fund 1st Half TIF Payment 5497 264,248 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Taxes Withheld 5487 263,218 ULTIMATE SOFTWARE Federal Taxes Withheld Health and Benefits Taxes Withheld 239983 242,851 HEALTHPARTNERS Accounts Receivable Health and Benefits Monthly Insurance Premium 240006 212,327 LEAGUE MN CITIES INS TRUST Insurance Property Insurance Property Insumace Premium 1011435 171,320 BOYER TRUCKS Equipment Parts Public Works Dump Truck Chassis 5500 161,235 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 5490 157,216 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 5491 154,113 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 239727 149,658 DOMINIUM TIF Payment Project Fund 1st Half TIF Payment 5480 145,600 GENESIS EMPLOYEE BENEFITS,INC HSA Health and Benefits Health Care Savings Contribution 239805 141,345 TE MILLER DEVELOPMENT LLC TIF Payment Project Fund 1st Half TIF Payment 239814 136,623 WINDSOR PLAZA LLC TIF Payment Project Fund 1st Half TIF Payment 1011469 131,002 SRF CONSULTING GROUP INC Design&Engineering Storm Drainage South Shady Oak 239700 129,884 AUTUMN RIDGE LANDSCAPING INC Improvement Contracts Improvement Projects 2006 Shady Oak Interchange 240049 129,510 SOUTHWEST METRO TRANSIT WAC-Water SAC Agency Fund SAC Charges 5475 115,898 MINNESOTA DEPT OF REVENUE Sales Tax Payable Water Enterprise Fund Sales Tax 5476 115,898 MINNESOTA DEPT OF REVENUE Sales Tax Payable Water Enterprise Fund Sales Tax 239806 111,000 TEALWOOD CARE CENTER TIF Payment Project Fund 1st Half TIF Payment 239713 101,283 CBRE,INC Other Contracted Services CIP-Leasing Costs 2nd Half Commission 1011398 98,672 XCEL ENERGY Electric Outdoor Center 1011479 94,446 XCEL ENERGY Electric Flying Cloud Off Leash Park 1011526 81,360 NORTHWEST ASPHALT Improvement Contracts Eden Prairie Road 240016 76,265 METROPOLITAN COUNCIL Deposits SAC Agency Fund 1011456 67,743 MINNESOTA ROADWAYS CO Other Contracted Services Fitness/Conference-Cmty Ctr 240108 65,695 ELECTRICAL INSTALLATION&MAINTENANCE Other Contracted Services Water Wells 239997 60,486 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 239810 51,094 UNITED PROPERTIES TIF Payment Project Fund 5505 51,073 US BANK Deposits Utility Operations-General 5474 50,953 US BANK Other Revenue Sewer Liftstation 239755 48,331 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1011440 47,771 DIVERSE BUILDING MAINTENANCE Janitor Service Public Works/Parks 240204 45,907 ACCELERATED TECHNOLOGIES LLC Operating Supplies Fitness Classes 240137 42,822 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 240004 39,389 LANO EQUIPMENT INC Equipment Parts Capital Impr/Maint Fixed 1011445 37,419 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Legal Criminal Prosecution 1011471 32,531 THORPE DISTRIBUTING Liquor Product Received Prairie View Liquor Store 240102 31,561 DEPARTMENT OF CORRECTIONS Other Contracted Services Street Maintenance 240274 31,334 NELSON AUTO CENTER,INC Autos Public Works 1011463 29,606 REPUBLIC SERVICES#894 Other Contracted Services Arts 239863 29,125 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1011570 29,104 CDW GOVERNMENT INC. Other Contracted Services IT Operating 240306 28,818 ULTIMATE SOFTWARE GROUP,THE Ultimate @rev.Ceridian) IT Operating 240161 28,080 NORTHWEST ASPHALT MAINTENANCE Crack Filling Street Maintenance 1011459 28,080 NORTHWEST ASPHALT Crack Filling Street Maintenance 240317 28,069 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Explanataion 240024 27,541 NELSON AUTO CENTER,INC Autos Water Distribution 1011452 27,364 LOGIS LOGIS IT Operating 240259 26,795 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 240271 26,509 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 240292 26,439 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Eden Prairie Road 1011573 25,597 DIVERSE BUILDING MAINTENANCE Tenant 1-Janitor Service Prairie Village Liquor Store 239909 25,395 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Den Road Liquor Store 239836 25,000 CAMBRIA TITLE LLC Refunds CDBG-Public Service 240288 25,000 RES SPECIALTY PYROTECHNICS INC Other Rentals July 4th Celebration 239930 24,030 ARVIG Other Contracted Services IT Capital 5489 23,735 EMPOWER Deferred Compensation Health and Benefits 240066 23,481 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 240183 23,213 TITLE SMART INC Refunds CDBG-Public Service 5499 22,978 EMPOWER Deferred Compensation Health and Benefits 1011596 22,366 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 240273 22,240 NATIONS TITLE AGENCY OF MINNESOTA INC Other Contracted Services Project Fund 240297 22,052 SOUTHERN WINE&SPIRITS OF MN Liquor-Incentives Den Road Liquor Store 1011338 21,532 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 240065 21,518 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store 240198 21,314 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store 239910 21,279 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Den Road Liquor Store 239919 20,663 ABM ONSITE SERVICES-MIDWEST Janitor Service City Hall-CAM 240048 20,541 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 240221 20,530 CARVER COUNTY LICENSE CENTER Autos Public Works 239816 19,875 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store 239692 19,848 ABM ONSITE SERVICES-MIDWEST Cleaning Supplies Utility Operations-General 1011364 17,900 STONEBROOKE Capital Under$25,000 Police 1011585 17,741 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concr. City Hall-CAM 240178 17,500 ST JOHNS WOOD HOMES ASSOCIATION INC Other Contracted Services Project Fund 240035 17,420 PRAIRIE PARTNERS SIX LLP Advertising Prairie Village Liquor Store 1011403 16,959 DAY DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 240242 16,325 GRAYMONT Treatment Chemicals Water Treatment Plant 240316 16,321 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store 240120 16,150 GRAYMONT Treatment Chemicals Water Treatment Plant 1011314 15,875 CLAUDE'S CERAMIC TILE INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 239871 15,715 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 240097 15,368 COMPLETE TRAILERS Capital Under$25,000 Concessions 240147 15,193 MANSFIELD OIL COMPANY Motor Fuels Fitness/Conference-Cmty Ctr 1011341 15,095 WALL TRENDS INC Other Contracted Services Fire Station#3 240141 15,032 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 239924 15,031 AMERICAN ENGINEERING TESTING INC Testing-Soil Boring Shady Oak Rd-CR 61 South 239817 15,000 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 240280 15,000 PARK AT CITY WEST APARTMENTS,LLC Right of Way&Easement Shady Oak Rd-CR 61 North 5479 14,688 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 240176 14,560 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 240155 14,511 MINNESOTA UI FUND Unemployment Compensation Organizational Services 1011394 14,404 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 239996 14,270 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 1011474 14,253 WALL TRENDS INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 240040 13,985 RON'S CABINETS INC Other Contracted Services Facilities Capital 5488 13,772 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 239754 13,619 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 5498 13,587 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 240036 13,397 PRAIRIEVIEW RETAIL LLC Advertising Prairie View Liquor Store 239797 13,352 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1011350 13,216 DAY DISTRIBUTING Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Explanataion 1011313 13,154 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment Plant 5484 13,087 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 1011319 13,010 ENVIRONMENTAL PROCESS INC Other Contracted Services Facilities Capital 239894 13,008 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1011312 12,885 CDW GOVERNMENT INC. Equipment Repair&Maint Aquatics&Fitness Expansion 240200 12,885 WOODWAY USA NC Operating Supplies Fitness Center 240258 12,822 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 239739 12,470 GRAYMONT Treatment Chemicals Water Treatment Plant 1011496 12,459 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 239977 12,224 GRAYMONT Treatment Chemicals Water Treatment Plant 239793 12,130 SHELTER CORPORATION TIF Payment Project Fund 239862 11,978 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1011426 11,227 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 5485 11,065 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 240148 11,050 MARCO INC Other Contracted Services IT Telephone 240282 10,661 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 240313 10,568 WATERROWER INC Operating Supplies Fitness Classes 239952 10,408 COSTCO Operating Supplies Safety Camp 240205 10,176 ADVANTUS CAPITAL MANAGEMENT INC Interest Investment Fund 239883 10,018 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 239832 10,000 BIG PICTURE,THE Other Contracted Services Aquatics&Fitness Expansion 239886 9,907 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Day Care 1011340 9,836 VTI Other Contracted Services Facilities Capital 1011476 9,810 WESTWOOD PROFESSIONAL SERVICES INC Design&Engineering Improvement Projects 2006 239784 9,687 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 240244 9,606 HAMMEL,GREEN AND ABRAHAMSON Design&Engineering Aquatics&Fitness Expansion 1011380 9,375 HEWLETT-PACKARD COMPANY Computers IT Operating 1011541 8,766 XCEL ENERGY Electric Traffic Signals 239719 8,655 COMMERCIAL ASPHALT CO Patching Asphalt Sewer System Maintenance 5492 8,601 GENESIS EMPLOYEE BENEFITS,INC HSA-Employer Health and Benefits 5503 8,601 GENESIS EMPLOYEE BENEFITS,INC HSA-Employer Health and Benefits 5478 8,551 GENESIS EMPLOYEE BENEFITS,INC HSA-Employer Health and Benefits 240050 8,293 SOUTHWEST SUBURBAN PUBLISHING-CLASSIFIED Printing July 4th Celebration 240166 8,289 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 240160 8,190 NORTH-CENTRAL VENDING SALES/ERVICE INC Capital Under$25,000 Aquatics&Fitness Expansion 239849 8,075 GRAYMONT Treatment Chemicals Water Treatment Plant 1011511 8,017 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment Plant 240068 8,002 XTREME INTEGRATION Other Contracted Services Public Works/Parks 240216 7,848 BLUESTEM HERITAGE GROUP Other Contracted Services Riley Lake 1011592 7,750 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 1011325 7,633 HAWKINS INC Treatment Chemicals Water Treatment Plant 1011347 7,599 BRAUN INTERTEC CORPORATION Testing-Soil Boring CIP Pavement Management 239951 7,579 COMMERCIAL ASPHALT CO Patching Asphalt Sewer System Maintenance 240294 7,523 SIR LINES-A-LOT Contracted Striping Traffic Signs 240134 7,500 INTIME SERVICES INC Software Maintenance IT Operating 240136 7,427 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1011485 7,404 BRAUN INTERTEC CORPORATION Building Aquatics&Fitness Expansion 1011546 7,267 DAY DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1011374 7,240 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering 240149 7,200 MARTIN-MCALLISTER Employment Support Test Fire 239961 7,175 EARL F ANDERSEN INC Signs Storm Drainage 1011583 7,032 METRO SALES INCORPORATED* Equipment Rentals IT Operating 239933 6,985 BADGER STATE INSPECTION LLC Deposits Escrow 1011280 6,901 DAY DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 239970 6,780 FRESHWATER HARVESTING INC Other Contracted Services Park Maintenance 1011521 6,716 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Explanataion 1011538 6,609 WESTWOOD PROFESSIONAL SERVICES INC Design&Engineering Improvement Projects 2006 240043 6,421 SAFEASSURE CONSULTANTS INC Instructor Service Street Maintenance 239887 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 240290 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 5481 6,205 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 239868 6,160 LANO EQUIPMENT INC Equipment Parts Storm Drainage 239714 6,115 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Storm Drainage 5504 6,105 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 1011328 5,682 LOGIS LOGIS IT Operating 1011320 5,658 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance 240031 5,653 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 240154 5,500 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION Dues&Subscriptions Prairie Village Liquor Store 240199 5,372 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store 240309 5,363 US POSTMASTER-HOPKINS Postage Community Brochure 1011372 5,342 CDW GOVERNMENT INC. Other Hardware IT Operating 239846 5,326 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 240106 5,225 EDEN PRAIRIE HOCKEY ASSOCIATION Other Contracted Services Ice Operations 239729 5,137 ELECTRICAL INSTALLATION&MAINTENANCE Other Contracted Services Water Treatment Plant 1011599 5,006 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters 240296 5,000 SOUTHDALE YMCA YOUTH DEVELOPMENT PROGRAM Other Contracted Services Housing and Community Service 240059 4,922 VERIZON WIRELESS Other Contracted Services IT Operating 240143 4,829 LES MILLS UNITED STATES TRADING INC Operating Supplies Fitness Classes 1011422 4,755 VAN PAPER COMPANY Other Contracted Services Fitness/Conference-Cmty Ctr 240197 4,721 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 239870 4,656 LEAGUE OF MINNESOTA CITIES Workers Comp Insurance Workers Comp Insurance 240164 4,428 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 240047 4,372 SLAMHAMMER SOUND CO,INC Other Contracted Services July 4th Celebration 240174 4,141 SIR LINES-A-LOT Contracted Striping Traffic Signs 239807 4,040 TKO WINES,INC Liquor Product Received Prairie Village Liquor Store 1011566 4,017 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#5 1011378 3,985 HAWKINS INC Treatment Chemicals Water Treatment Plant 240227 3,972 COMMERCIAL ASPHALT CO Patching Asphalt Storm Drainage 239880 3,905 NORTHLAND BUSINESS SYSTEMS, INC Software Maintenance IT Operating 240064 3,900 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1011368 3,894 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#5 240184 3,876 TKO WINES,INC Liquor Product Received Prairie Village Liquor Store 1011395 3,876 WALL TRENDS INC Other Contracted Services Facilities Capital 1011430 3,797 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall-CAM 239838 3,784 CENTURYLINK Telephone IT Telephone 239752 3,750 IND SCHOOL DISTRICT 272 Other Contracted Services Housing and Community Service 240222 3,742 CENTURYLINK Elevators IT Telephone 239988 3,729 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1011331 3,625 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concrt Fire Station#4 240111 3,542 ERICKSON ENGINEERING COMPANY LLC Design&Engineering Engineering 239835 3,539 CAMBRIA SURFACES-PLYMOUTH Other Contracted Services Facilities Capital 1011503 3,535 VAN PAPER COMPANY Tenant 1-Cleaning Suppli Senior Center 1011528 3,488 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 239730 3,481 ERICKSON ENGINEERING COMPANY LLC Design&Engineering Engineering 240077 3,381 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 239772 3,364 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 240240 3,272 GERTENS Building Aquatics&Fitness Expansion 239725 3,230 DELANEY CONSULTING Other Contracted Services Prairie Village Liquor Store 1011437 3,228 CDW GOVERNMENT INC. Hardware Maintenance Aquatics&Fitness Expansion 240269 3,128 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 240275 3,124 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Drainage 240052 3,100 SPRINGSTED INCORPORATED Other Contracted Services Capital Impr./Maint.Fund Check# Amount Supplier/Explanation Account Description Business Unit Explanataion 240023 3,075 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 240030 3,054 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 239787 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 1011336 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Wells 1011593 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Wells 239891 2,973 SIR LINES-A-LOT Contracted Striping Traffic Signs 1011516 2,943 EMERGENCY APPARATUS MAINTENANCE INC Equipment Repair&Maint Fleet Operating 239689 2,914 3D SPECIALTIES Signs Traffic Signs 239748 2,880 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1011382 2,834 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 239774 2,830 MINNESOTA SAFETY SERVICES LLC Instructor Service Pool Operations 1011285 2,830 GREENSIDE INC Contract Svcs-Lawn Maint. Fire Station#1 1011549 2,830 GREENSIDE INC Contract Svcs-Lawn Maint. Fire Station#1 1011366 2,824 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 240127 2,821 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1011420 2,787 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe City Hall-CAM 239908 2,786 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 239696 2,784 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 239938 2,780 BLUE WATER SCIENCE Other Contracted Services Storm Drainage 239798 2,773 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 239695 2,756 ANDERBERG INNOVATIVE PRINT SOLUTIONS INC Printing Police 239824 2,755 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1011552 2,755 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Aquatics&Fitness Expansion 239932 2,748 AVR INC Asphalt Overlay Street Maintenance 240210 2,703 AVR INC Seal Coating Street Maintenance 240234 2,700 EDINA,CITY OF Other Hardware IT Operating 1011442 2,680 GENUINE PARTS COMPANY Operating Supplies Fire 1011598 2,673 US HEALTH WORKS MEDICAL GRP MN,PC Health&Fitness Fire 1011605 2,599 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 240182 2,596 TARGETSOLUTIONS LEARNING,LLC Dues&Subscriptions Fire 239856 2,582 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1011565 2,566 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 1011509 2,552 BIFFS INC Other Rentals July 4th Celebration 239945 2,531 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 239815 2,514 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1011447 2,514 HAWKINS INC Treatment Chemicals Water Treatment Plant 240266 2,500 MCCANN,SHAWN DANIEL Other Contracted Services July 4th Celebration 239881 2,496 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Drainage 1011305 2,465 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 1011401 2,462 BRAUN INTERTEC CORPORATION Other Contracted Services Eden Prairie Road 1011478 2,446 WM MUELLER AND SONS INC Gravel Street Maintenance 1011488 2,434 DAY DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 240027 2,433 ORACLE AMERICA INC Software Maintenance IT Operating 240167 2,418 PICHA GREENHOUSE Landscape Materials/Supp Park Maintenance 240119 2,394 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 239953 2,363 COUNTY MATERIALS CORPORATION Repair&Maint.Supplies Storm Drainage 1011477 2,340 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 240190 2,340 UPSTREAM ARTS INC Other Contracted Services New Adaptive 240303 2,323 SUNFLOWER MARKETING Clothing&Uniforms Tennis 239859 2,256 INNOVATIVE GRAPHICS Operating Supplies Playgrounds 239751 2,200 HYDRO KLEAN Repair&Maint.Supplies Sewer System Maintenance 240055 2,180 STRAND MANUFACTURING CO INC Equipment Parts Water Treatment Plant 1011481 2,147 ADAMS PEST CONTROL INC Maintenance Contracts Arts Center 240168 2,144 PINE PRODUCTS INC Landscape Materials/Supp Park Maintenance 1011462 2,102 PRAIRIE ELECTRIC COMPANY Contract Svcs-HVAC Park Shelters 1011506 2,089 WENCK ASSOCIATES INC Design&Engineering Storm Drainage Check# Amount Supplier/Explanation Account Description Business Unit Explanataion 239710 2,068 BUSINESS IMPACT GROUP Clothing&Uniforms Fire 1011532 2,060 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006 239929 2,033 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 239769 2,007 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 239963 2,000 EDEN PRAIRIE,CITY OF Dues&Subscriptions Fire 239979 2,000 HALF PINT HORSE FOUNDATION Instructor Service Outdoor Center 239779 1,974 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Drainage 239975 1,959 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 1011386 1,950 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concr. Den Bldg.-CAM 1011443 1,920 GRAFIX SHOPPE Autos Police 239782 1,897 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 240209 1,884 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1011580 1,881 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Maintenance 240315 1,871 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1011504 1,870 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 240133 1,859 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 5473 1,832 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 5502 1,832 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 239912 1,827 CARVER COUNTY LICENSE CENTER Autos Water Distribution 1011560 1,822 STONEBROOKE Autos Police 1011396 1,817 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 239716 1,814 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Prairie Village Liquor Store 240075 1,805 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 1011438 1,802 CENTERPOINT ENERGY Gas Water Treatment Plant 239904 1,754 VOLUNTEER FIREFIGHTERS BENEFIT ASSN OF M Dues&Subscriptions Fire 1011534 1,747 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1011550 1,741 HACH COMPANY Laboratory Chemicals Water Treatment Plant 1011304 1,735 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 239990 1,719 HOPKINS SCHOOL DISTRICT ISD270 Fiber Lease Payments IT Operating 239941 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating 1011367 1,704 VINOCOPIA Liquor Product Received Den Road Liquor Store 1011309 1,687 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1011589 1,686 PRAIRIE ELECTRIC COMPANY Contract Svcs-Plumbing Street Lighting 1011556 1,656 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Hall-CAM 1011508 1,632 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1011295 1,628 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 239733 1,611 FIRE SAFETY USA INC Protective Clothing Fire 239825 1,596 ARVIG Other Contracted Services IT Operating 1011431 1,568 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 1011454 1,567 METRO ELEVATOR INC Contract Svcs-Elevator City Hall-CAM 239855 1,558 HIGHWAY 5 BP Equipment Repair&Maint Police 240268 1,545 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Prairie Village Liquor Store 1011308 1,543 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 1011601 1,542 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 1011381 1,523 IDENTISYS Equipment Repair&Maint Public Safety Communications 1011514 1,517 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 1011357 1,515 MINNESOTA NATIVE LANDSCAPES Maintenance Contracts Storm Drainage 240243 1,515 GREEN ACRES SPRINKLER COMPANY Improvement Contracts Shady Oak Rd-CR 61 South 239848 1,507 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 239767 1,500 MEALS ON WHEELS Other Contracted Services Housing and Community Service 239768 1,479 MEDICINE LAKE TOURS Special Event Fees Trips 1011602 1,471 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 1011369 1,466 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1011539 1,456 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 240310 1,453 VANELLA GROUP OF MN,LLC,THE Other Rentals July 4th Celebration 240146 1,433 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Explanataion 240224 1,431 CLIMB THEATRE Other Contracted Services Police 239707 1,417 BOLTON&MENK INC Design&Engineering Storm Drainage 239715 1,415 CENTURYLINK Telephone IT Telephone 1011311 1,404 BOYER TRUCKS Equipment Repair&Maint Fleet Operating 239913 1,400 FAMOUS DAVE'S OF AMERICA Beer/Wine Licenses General Fund 1011307 1,400 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#4 239895 1,386 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 239864 1,367 JONES,REBECCA Other Contracted Services Recycle Rebate 239907 1,367 WEIGH-RITE SCALE CO,INC Equipment Parts Water Treatment Plant 1011301 1,361 STONEBROOKE Autos Fleet Operating 1011432 1,352 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1011424 1,352 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1011343 1,344 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 1011446 1,343 HANSEN THORP PELLINEN OLSON Design&Engineering Storm Drainage 1011412 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 239780 1,324 OPEN PLAN SYSTEMS Supplies-General Bldg Fitness/Conference-Cmty Ctr 240252 1,320 ICMA Dues&Subscriptions Administration 239969 1,304 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 1011287 1,286 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 1011544 1,284 BRAUN INTERTEC CORPORATION Testing-Soil Boring CIP Pavement Management 240249 1,267 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 240250 1,251 HOPKINS SCHOOL DISTRICT ISD270 Fiber Lease Payments IT Operating 239857 1,250 HOMELINE Other Contracted Services Housing and Community Service 240298 1,248 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 240118 1,233 GENERAL OFFICE PRODUCTS COMPANY Building Aquatics&Fitness Expansion 1011415 1,223 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 239882 1,221 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 1011466 1,214 SENIOR COMMUNITY SERVICES Refunds CDBG-Public Service 239885 1,200 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 240051 1,196 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 239801 1,190 STAR Conference/Training Facilities Staff 1011427 1,188 ADVANCED ENGINEERING&ENVIRONMENTAL SE Process Control Services Sewer Liftstation 1011365 1,185 USA MOBILITY WIRELESS INC Pager&Cell Phone IT Operating 240223 1,185 CENTURYLINK Telephone IT Telephone 240212 1,182 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 239746 1,175 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 1011567 1,174 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1011494 1,173 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Aquatics&Fitness Expansion 1011535 1,165 TWIN CITY SEED CO Landscape Materials/Supp Park Construction 240253 1,164 IDCSERVCO Operating Supplies Community Center Admin 239737 1,140 GERTENS Landscape Materials/Supp Park Maintenance 240281 1,136 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 1011323 1,130 GRAINGER Supplies-Plumbing Park Maintenance 240177 1,109 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 1011407 1,106 FLEETPRIDE INC Equipment Repair&Maint Fleet Operating 239955 1,100 D H EXCAVATING Burial&Marker Fees Pleasant Hill Cemetery 240061 1,100 WELLS FARGO BANK MINNESOTA NA Paying Agent GO Tax Abatement Bonds 2014A 5477 1,095 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1011492 1,075 GREENSIDE INC Contract Svcs-Lawn Maint. Fire Station#1 239732 1,058 FIRE CATT LLC Equipment Testing/Cert. Fire 1011334 1,050 SHI CORP Equipment Repair&Maint IT Operating 240272 1,045 NAC Contract Svcs-HVAC City Hall-CAM 239786 1,041 PLASTIC BAG MART Liquor Product Received Den Road Liquor Store 239804 1,040 SYMBOLARTS Fire Prevention Supplies Fire 239821 1,030 AMAZING ATHLETES OF SOUTHWEST METRO Instructor Service Preschool Events 240009 1,025 MACPHAIL CENTER FOR MUSIC Other Contracted Services New Adaptive Check# Amount Supplier/Explanation Account Description Business Unit Explanataion 240301 1,023 STAPLES ADVANTAGE Office Supplies Customer Service 240080 1,018 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 239976 1,018 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 239745 1,000 HELLO!BOOKING INC Other Contracted Services Staring Lake Concert 1011302 1,000 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Fitness/Conference-Cmty Ctr 1011344 994 WM MUELLER AND SONS INC Landscape Materials/Supp Trail Construction 1011333 980 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Ice Arena Maintenance 239991 963 HYDRO-VAC INC Equipment Repair&Maint Storm Drainage 239809 954 UNIFORMS UNLIMITED Clothing&Uniforms Police 1011564 952 VINOCOPIA Liquor Product Received Den Road Liquor Store 239851 951 GYM WORKS Equipment Repair&Maint Fitness Center 239837 951 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 239709 945 BRYAN ROCK PRODUCTS INC Gravel Sewer System Maintenance 239875 941 MIDWEST OVERHEAD CRANE Equipment Repair&Maint Water Treatment Plant 240122 940 HEARN,ROBERT A Other Contracted Services Rehab 239874 923 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie Village Liquor Store 1011315 909 COMPRESSED AIR CONCEPTS LLLC Contract Svcs-General Bldg Public Works/Parks 239877 900 MINNESOTA FIRE SERVICE CERTIFICATION BOA Tuition Reimbursement/School Fire 240172 900 ROBERT C VOGEL Other Contracted Services Heritage Preservation 239973 899 GENERAL OFFICE PRODUCTS COMPANY Contract Svcs-General Bldg Public Works/Parks 240169 888 PITNEY BOWES Postage Customer Service 1011588 881 POMP'S TIRE SERVICE INC Tires Fleet Operating 1011324 879 GRANICUS INC Equipment Repair&Maint Cable PEG 1011579 879 GRANICUS INC Equipment Repair&Maint Cable PEG 240087 877 CEMSTONE PRODUCTS COMPANY Seal Coating Street Maintenance 240151 875 MERJENT INC Reimbursement Escrow 239831 872 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 240192 870 VERSATILE VEHICLES INC Other Rentals July 4th Celebration 240302 868 SUMMIT FIRE PROTECTION Contract Svcs-Fire/Life/Safe Senior Center 1011439 858 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 240251 850 ICE CASTLES LLC Deposits Escrow 1011537 848 VTI Other Contracted Services Community Center Admin 1011603 848 XCEL ENERGY Electric City Hall-CAM 240032 846 PINNACLE DISTRIBUTING Liquor Product Received Prairie View Liquor Store 1011464 845 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 240286 832 PRAIRIE RESTORATIONS INC Other Contracted Services Community Center 239898 820 STAR Dues&Subscriptions Facilities Staff 240100 815 COUNTY MATERIALS CORPORATION Equipment Parts Storm Drainage 239792 800 SAYIBU,FATAWU Other Contracted Services Staring Lake Concert 240001 800 KALK,JAY Other Contracted Services Staring Lake Concert 1011397 797 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 1011283 796 FASTENAL COMPANY Repair&Maint.Supplies Fleet Operating 240162 794 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Utility Operations-General 240304 793 TURFWERKS Equipment Parts Fleet Operating 240254 791 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 239788 790 PRINT SOURCE MINNESOTA Printing Police 240235 786 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Sewer System Maintenance 240121 777 HD SUPPLY WATERWORKS LTD Equipment Parts Storm Drainage 1011410 765 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment Plant 240114 755 FORMS&SYSTEMS OF MINNESOTA Printing Police 240230 751 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 1011318 750 ECM PUBLISHERS INC Advertising Prairie Village Liquor Store 239943 748 CAMPBELL KNUTSON,P.A. Legal WAFTA 239966 744 EXTRACTOR CORPORATION Supplies-Pool Pool Maintenance 1011493 744 HIRSHFIELD'S Repair&Maint.Supplies Water Treatment Plant 239818 732 PETTY CASH Licenses&Taxes IT Operating Check# Amount Supplier/Explanation Account Description Business Unit Explanataion 239776 732 MINNESOTA WANNER COMPANY Landscape Materials/Supp Park Maintenance 239939 729 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 239702 725 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 1011487 721 CHEMSEARCH Contract Svcs-Ice Rink City Center Operations 239690 720 3RD LAIR Instructor Service Camps 1011575 718 FERRELLGAS Repair&Maint.Supplies Outdoor Center 240218 715 BRIN NORTHWESTERN GLASS COMPANY Supplies-General Bldg Park Shelters 240079 708 AVR INC Building Materials Street Maintenance 1011444 701 GRAINGER Small Tools City Center Operations 239905 700 WARNING LITES Signs Storm Drainage 240113 697 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 240241 686 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 1011409 681 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Trail Construction 1011578 680 GRAINGER Supplies-General Building Purgatory Creek Park 240284 678 PIRTEK PLYMOUTH Equipment Repair&Maint Sewer System Maintenance 240034 673 PLASTIC BAG MART Liquor Product Received Prairie Village Liquor Store 1011375 665 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 1011303 661 VAN PAPER COMPANY Tenant 1-Cleaning Suppli Park Shelters 240083 660 BLOOMINGTON,CITY OF Kennel Services Animal Control 239735 655 FORSGREN,CINDY WADE Operating Supplies Summer Theatre 239897 655 STAPLES ADVANTAGE Office Supplies Customer Service 240308 654 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 240247 650 HELGESON,GLEN Other Contracted Services Staring Lake Concert 1011362 645 ROTO-ROOTER Contract Svcs-Plumbing Water Treatment Plant 239974 642 GERTENS Landscape Materials/Supp Park Maintenance 239708 640 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 1011520 638 KUSTOM SIGNALS INC Equipment Repair&Maint Police 239998 637 JOHNSON,CAL Deposits Escrow 1011317 633 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 239934 625 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 240117 625 FUHRMAN,KEVIN Other Contracted Services Staring Lake Concert 1011330 613 MENARDS Repair&Maint.Supplies Park Maintenance 240067 613 XIGENT SOLUTIONS LLC Other Contracted Services IT Operating 1011448 613 IDEAL SERVICE INC Equipment Repair&Maint Water Treatment Plant 240076 604 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 240019 600 MINNESOTA CHIEFS OF POLICE ASSOC Tuition Reimbursement/School Police 240070 600 ZOTA SAFETY SERVICES LLC Conference/Training Fire 240165 600 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 240246 600 HAYO,SHAI Other Contracted Services Staring Lake Concert 240248 599 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 1011322 595 GOVDELIVERY Software Maintenance IT Operating 1011577 595 GOVDELIVERY Software Maintenance IT Operating 1011597 581 TWIN CITY SEED CO Landscape Materials/Supp Trail Construction 240110 575 EPHS Other Contracted Services Ice Operations 1011373 574 CENTERPOINT ENERGY Gas Sewer Liftstation 1011450 570 JEFFERSON FIRE&SAFETY INC Operating Supplies Fire 1011286 570 HACH COMPANY Laboratory Chemicals Water Treatment Plant 1011500 569 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 1011425 565 W P&R S MARS CO Lubricants&Additives Fleet Operating 239987 563 HENNEPIN TECHNICAL COLLEGE Building Rental Recycle Rebate 239971 555 GALCO Equipment Parts Water Treatment Plant 1011533 555 STREICHERS Clothing&Uniforms Police 240123 554 HENNEPIN COUNTY UT DEPT Equipment Repair&Maint Public Safety Communications 1011433 552 BIFFS INC Other Rentals Park Maintenance 239984 550 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Software Maintenance IT Operating 240081 550 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police Check# Amount Supplier/Explanation Account Description Business Unit Explanataion 240101 546 COURT SURFACES&REPAIR Outside Water Sales Escrow 1011419 543 THE OASIS GROUP Employee Assistance Organizational Services 1011441 542 DMX MUSIC Other Contracted Services Prairie View Liquor Store 240112 542 FINLEY BROS INC Outside Water Sales Escrow 1011517 540 GRAINGER Supplies-General Bldg Fitness/Conference-Cmty Ctr 1011457 538 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1011299 536 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 1011523 536 METRO SALES INCORPORATED* Equipment Rentals Utility Operations-General 240105 536 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1011377 526 GRAINGER Small Tools Water Metering 240319 520 Z WINES USA LLC Liquor Product Received Prairie View Liquor Store 1011408 518 GETSCHOW,RICK Mileage&Parking Administration 239691 517 A-1 RECYCLING INC Other Contracted Services Recycle Rebate 239860 517 INSTRUMENT CONTROL SYSTEMS INC. Equipment Repair&Maint Water Treatment Plant 239720 513 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service 1011540 511 WM MUELLER AND SONS INC Patching Asphalt Sewer System Maintenance 239956 510 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 240232 509 E A SWEEN COMPANY Merchandise for Resale Concessions 240279 506 OPEN PLAN SYSTEMS Supplies-General Bldg Public Works/Parks 1011417 501 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 239994 501 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 239914 500 LARSSON,KRISTINE Other Contracted Services Staring Lake Concert 240125 500 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 1011429 498 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#4 240029 497 OXYGEN SERVICE COMPANY EMS Supplies Fire 239892 487 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 1011327 485 KIDCREATE STUDIO Instructor Service Arts Center 1011390 480 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 239763 478 MANOR HOMES OF CINNAMON RIDGE Refunds Storm Drainage 1011473 478 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 239926 477 APPERT'S FOODSERVICE Merchandise for Resale Concessions 240025 475 OLSEN'S EMBROIDERY/COMPANY Operating Supplies Internal Events 239962 473 EDEN PRAIRIE ROTARY CLUB Miscellaneous Administration 1011449 470 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Wells 1011595 469 STREICHERS Clothing&Uniforms Animal Control 240107 464 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Police 1011293 462 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 1011391 461 REINDERS INC Operating Supplies Park Maintenance 239823 460 APRES Other Rentals Summer Theatre 240018 458 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Den Road Liquor Store 1011558 457 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 239839 457 CENTURYLINK Wireless Subscription IT Telephone 5496 456 CERIDIAN Garnishment Withheld Health and Benefits 1011388 454 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1011563 453 VAN PAPER COMPANY Supplies-General Bldg Public Works/Parks 1011554 452 MCARTHUR,JANET JEREMIAH Mileage&Parking Community Development Admin. 240126 450 HERRIGES,GREG P Other Contracted Services Staring Lake Concert 240318 450 WRIGHT,JOHN Other Contracted Services Staring Lake Concert 239711 449 CALIFORNIA CONTRACTORS SUPPLIES INC Repair&Maint.Supplies Sewer System Maintenance 1011428 447 AMERITRAK Other Contracted Services Snow&Ice Control 239925 443 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 239964 443 ENKI BREWING COMPANY INC Liquor Product Received Prairie View Liquor Store 239896 437 SPEEDPRO IMAGING INC Operating Supplies Ice Operations 239928 437 ART LITHOCRAFT COMPANY Operating Supplies Ice Operations 240135 434 JILL SAND CONSULTING Employment Support Test Organizational Services 239922 432 AL&ALMA'S SUPPER CLUB AND CHARTERS Special Event Fees Trips Check# Amount Supplier/Explanation Account Description Business Unit Explanataion 240213 429 BAUHAUS BREW LABS,LLC Liquor Product Received Den Road Liquor Store 239703 428 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 240300 426 SPORTS UNLIMITED Instructor Service Camps 1011337 425 STREICHERS Clothing&Uniforms Police 239845 421 FIRE SAFETY USA INC Equipment Repair&Maint Fire 1011515 421 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 239858 415 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 240139 415 KAISER,DAVID S Equipment Repair&Maint Fitness Center 239721 413 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance 1011342 403 WATSON CO INC,THE Merchandise for Resale Concessions 240145 400 LINDAHL,DAVID Other Contracted Services Staring Lake Concert 1011278 398 CUSTOM HOSE TECH Equipment Repair&Maint Fleet Operating 5486 396 CERIDIAN Garnishment Withheld Health and Benefits 1011582 392 MENARDS Operating Supplies Street Maintenance 239989 392 HOME DEPOT CREDIT SERVICES Small Tools City Center Operations 239944 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 239753 383 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 239778 383 MISSING CHILDREN MINNESOTA Instructor Service Safety Camp 240193 380 VIERE GRANITE CARVING INC Other Contracted Services Park Acquisition&Development 239927 380 APPLIED ECOLOGICAL SERVICES INC Maintenance Contracts Water Capital 1011453 379 MENARDS Repair&Maint.Supplies Round Lake 239811 378 UNITED STATES TREASURY Health Insurance Health and Benefits 240171 377 PROP United Way Withheld Health and Benefits 240142 375 LEAGUE OF MINNESOTA CITIES Conference/Training Administration 1011513 370 DMX MUSIC Other Contracted Services Prairie View Liquor Store 240082 370 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 1011416 370 ROSE,ALECIA Travel Expense Human Resources 1011572 364 DAIKIN APPLIED Contract Svcs-HVAC City Hall-CAM 240299 358 SPIRIT APPAREL AND STUFF Clothing&Uniforms Community Center Admin 1011548 357 FASTENAL COMPANY Safety Supplies Park Maintenance 1011363 354 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 239738 353 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 240211 350 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 1011512 350 CERIDIAN Ultimate(prey.Ceridian) IT Operating 240096 347 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld Health and Benefits 1011351 347 FASTENAL COMPANY Equipment Repair&Maint Traffic Signs 1011352 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 239744 345 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Storm Drainage 239812 344 UNIVERSAL ATHLETIC SERVICES INC Awards Park Maintenance 239765 337 MCINTYRE,ROBIN Operating Supplies General Fund 240265 336 LIFE SUPPORT INNOVATIONS Safety Supplies Police City Center 239844 335 EATS Operating Supplies Safety Camp 240287 335 READY WATT ELECTRIC Repair&Maint.Supplies Emergency Preparedness 240311 334 VERIZON WIRELESS Telephone Park Maintenance 1011353 333 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Park Maintenance 240186 329 TURFWERKS Equipment Parts Fleet Operating 239947 328 CINTAS CORPORATION Cleaning Supplies Utility Operations-General 240262 325 KROOG,RACHAEL Other Contracted Services Staring Lake Concert 5472 324 OPTUM HEALTH Other Contracted Services Health and Benefits 239760 324 KODIAK CUSTOM LETTERING INC Clothing&Uniforms New Adaptive 240179 324 STAPLES ADVANTAGE Office Supplies Customer Service 1011298 322 ROTO-ROOTER Contract Svcs-Plumbing Public Works/Parks 240270 322 MN DEPT OF TRANSPORTATION Testing-Soil Boring Shady Oak Rd-CR 61 South 239728 320 E A SWEEN COMPANY Merchandise for Resale Concessions 239813 319 VERIZON WIRELESS Telephone Park Maintenance 239828 317 BAUHAUS BREW LABS,LLC Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Explanataion 1011451 316 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 239747 314 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 1011507 312 ASPEN EQUIPMENT CO. Machinery&Equipment Water Distribution 240202 310 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 239704 308 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie Village Liquor Store 240060 301 WATER ENVIRONMENT FEDERATION Dues&Subscriptions Utility Operations-General 5495 300 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 239916 300 AAA LAMBERTS LANDSCAPE PRODUCTS INC Repair&Maint.Supplies Utility Operations-General 240185 300 TOTAL ENTERTAINMENT Other Contracted Services Staring Lake Concert 240229 300 DAKOTA COUNTY SHERIFFS DEPT Deposits Escrow 1011510 299 BOYER TRUCKS Equipment Parts Fleet Operating 1011600 298 WATSON CO INC,THE Merchandise for Resale Concessions 239795 298 SIGNSOURCE Signs Traffic Signs 240015 295 MEADOW GREEN LAWNS INC Other Contracted Services Storm Drainage 1011404 294 DUNGAN,TRACY Mileage&Parking Park Facilities 239866 294 KEEPERS Clothing&Uniforms Fire 1011284 292 FLEETPRIDE INC Equipment Parts Fleet Operating 240293 290 SIGNSOURCE Supplies-General Bldg Fire Station#1 240263 290 LAKE COUNTRY DOOR LLC Building Repair&Maint. Ice Arena Maintenance 239992 289 IND SCHOOL DIST 272 Building Rental Community Band 240013 285 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 240196 285 WATER CONSERVATION SERVICES INC OCS-Utility Locates Water System Maintenance 239935 284 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie Village Liquor Store 240109 283 ENVIRONMENTAL RESOURCE ASSOCIATES Laboratory Chemicals Water Treatment Plant 1011310 283 BIFFS INC Waste Disposal Park Maintenance 1011393 281 STREICHERS Clothing&Uniforms Police 239785 280 PINE PRODUCTS INC Landscape Materials/Supp Park Maintenance 239840 278 COMCAST Wireless Subscription IT Operating 1011282 278 FAGNANT,SUSAN Operating Supplies General Fund 240098 277 CONSTRUCTION MATERIALS INC Seal Coating Street Maintenance 1011296 276 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 1011339 276 TWIN CITY SEED CO Repair&Maint.Supplies Park Maintenance 240195 275 WANG,DONGHONG Deposits-P&R Refunds Community Center Admin 1011475 273 WATSON CO INC,THE Merchandise for Resale Concessions 1011489 269 EXTREME BEVERAGE Liquor Product Received Prairie View Liquor Store 239775 266 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Fredrick Miller Spring 1011384 264 KUSTOM SIGNALS INC Equipment Repair&Maint Police 1011332 264 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 239921 260 AFFILIATED EMERGENCY VETERINARY SERV Canine Supplies Police 240037 259 PRINT SOURCE MINNESOTA Printing Fitness Classes 1011529 259 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Public Works/Parks 1011345 259 XCEL ENERGY Electric Forest Hills Park 240000 255 KAISER,DAVID S Equipment Repair&Maint Fitness Center 239726 252 DIEDE,ERICA Deposits-P&R Refunds Community Center Admin 239764 250 MARSHALL,ADAM DOUGLAS Other Contracted Services Staring Lake Concert 239876 250 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes WAFTA 239819 249 ABRA AUTO BODY&GLASS Equipment Repair&Maint Fleet Operating 240189 248 UNIVERSAL ATHLETIC SERVICES INC Awards Park Maintenance 1011423 248 VERLEY,VALERIE Mileage&Parking Community Center Admin 1011359 247 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 239802 239 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1011276 237 BOUNDLESS NETWORK Operating Supplies Community Center Admin 1011562 235 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Operating 239985 225 HENNEPIN COUNTY RESIDENT&REAL ESTATE Other Contracted Services Engineering 239995 225 INFORMATION POLICY ANALYSIS Tuition Reimbursement/School Police 1011434 225 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police Check# Amount Supplier/Explanation Account Description Business Unit Explanataion 1011277 225 CARR,TANYA Tuition Reimbursement/School Fitness Classes 240131 224 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 239822 222 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 239917 220 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 240153 220 MINNESOTA COUNTY ATTORNEYS ASSN Printing Police 240152 220 MICRO CENTER A/R Other Hardware IT Operating 240090 219 COMCAST Cable TV Fire 1011465 216 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies-HVAC City Hall-CAM 240003 215 KONKOL,JOSEPH Repair&Maint.Supplies Outdoor Center 239853 212 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 239900 210 SUMMIT FIRE PROTECTION EMS Supplies Fire 239918 210 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1011329 209 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 240231 208 DISPLAY SALES Supplies-General Bldg City Hall-CAM 1011281 206 EXTREME BEVERAGE Liquor Product Received Prairie View Liquor Store 239879 206 NOKOMIS SHOE SHOP Clothing&Uniforms Street Maintenance 240239 204 GENERAL OFFICE PRODUCTS COMPANY Building Aquatics&Fitness Expansion 1011458 203 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1011290 202 LINDHOLM,HEATHER Tuition Reimbursement/School Fitness Classes 1011551 201 HIRSHFIELD'S Repair&Maint.Supplies Water Treatment Plant 1011543 201 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 1011547 201 EXTREME BEVERAGE Liquor Product Received Prairie Village Liquor Store 239718 200 CLARIDGE,WILL Building Materials Park Maintenance 239911 200 BALDINGER,WENDY Other Contracted Services Staring Lake Concert 239978 200 HALDEMANN HOMME INC Software Maintenance IT Operating 240053 200 ST.LOUIS PARK COMM BAND Other Contracted Services Staring Lake Concert 240085 200 BRIO BRASS Other Contracted Services Staring Lake Concert 240033 197 PLAIR,JACHAN Deposits Escrow 240191 196 VALLEY VIEW COOPERATIVE Refunds Environmental Education 239893 195 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Tuition Reimbursement/School Police 1011402 194 CLAREY'S SAFETY EQUIPMENT Office Supplies Emergency Preparedness 239850 193 GS DIRECT Operating Supplies Engineering 240278 192 OMEGA INDUSTRIES Machinery&Equipment Capital Outlay Parks 239717 189 CHIEF LAW ENFORFCEMENT SUPPLY Fire Prevention Supplies Fire 1011354 188 JOHNSTONE SUPPLY Supplies-Plumbing Public Works/Parks 1011584 188 MINNESOTA EQUIPMENT Equipment Parts Utility Operations-General 1011468 187 SPS COMPANIES Repair&Maint.Supplies Park Maintenance 240217 187 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 1011499 185 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 240188 184 UNITED WAY United Way Withheld Health and Benefits 1011405 182 ELLIS,ROBERT Mileage&Parking Engineering 240277 180 OLSEN COMPANIES Repair&Maint.Supplies Storm Drainage 240170 180 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1011470 179 STREICHERS Clothing&Uniforms Police 1011482 178 BERRY COFFEE COMPANY Merchandise for Resale Concessions 239872 174 MCELLIGOTT ADVERTISING INC Miscellaneous Police 239852 173 HD SUPPLY WATERWORKS LTD Equipment Parts Round Lake 240206 171 AMERICAN PRESSURE INC Equipment Repair&Maint Utility Operations-General 239884 168 PRAHA DISTRIBUTING Liquor Product Received Den Road Liquor Store 240089 167 COMCAST Cable TV Fire 240233 167 EARL F ANDERSEN INC Signs Traffic Signs 240062 166 WERNER ELECTRIC SUPPLY CO. Equipment Parts Water Treatment Plant 1011460 165 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 239759 165 KEEPERS Clothing&Uniforms Animal Control 239826 164 AVIAN ACRES Operating Supplies Outdoor Center 1011455 163 METRO SALES INCORPORATED* Equipment Rentals IT Operating Check# Amount Supplier/Explanation Account Description Business Unit Explanataion 239790 160 RODENZ,SANDRA K Operating Supplies Summer Theatre 240073 160 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1011392 159 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 1011491 159 FERGUSON ENTERPRISES#2516 Supplies-HVAC Police City Center 1011586 159 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1011571 158 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 1011306 158 A TO Z RENTAL CENTER Operating Supplies Storm Drainage 1011581 156 KIDCREATE STUDIO Instructor Service Arts Center 240220 156 CALIFORNIA CONTRACTORS SUPPLIES INC Clothing&Uniforms Utility Operations-General 239701 156 BACAL,AGNIESZKA Operating Supplies Outdoor Center 1011346 155 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 240091 154 COMCAST Cable TV Fire 240092 151 COMCAST Cable TV Fire 5493 151 OPTUM HEALTH Other Contracted Services Health and Benefits 1011421 151 TYRA-LUKENS,NANCY Mileage&Parking City Council 239796 150 SIMACEK,JOHN R Special Event Fees Senior Board 239829 150 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police 239901 150 THALACKER,CRAIG Deposits-P&R Refunds Community Center Admin 239959 150 DEAN,JAMES&CAROL Refunds Environmental Education 240238 150 GAS TANK RENU OF MINNESOTA Equipment Repair&Maint Fleet Operating 1011527 149 NUCO2 INC Supplies-Pool Pool Maintenance 240129 148 HUYNH, MAYUMI Deposits-P&R Refunds Community Center Admin 240088 146 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 239693 146 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 240207 146 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 239723 145 CROW-GOEBEL VETERINARY CLINIC,P.A. Canine Supplies Police 240283 145 PINNACLE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1011522 144 MENARDS Operating Supplies Utility Operations-General 240071 144 440400-NCPERS MINNESOTA PERA Health and Benefits 240194 144 VINE LINE DISTRIBUTION LLC Liquor Product Received Prairie View Liquor Store 1011505 143 WEEDMAN,NICOLE Operating Supplies Youth Programs Admin 1011360 142 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 1011399 142 AMERICAN SOLUTIONS FOR BUSINESS Operating Supplies Community Center Admin 239740 140 GYM WORKS Equipment Parts Fitness Center 1011418 138 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 240084 138 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 239968 137 FIRE SAFETY USA INC Equipment Parts Fleet Operating 240163 137 OXYGEN SERVICE COMPANY EMS Supplies Fire 240144 135 LIBERTY PROPERTY LIMITED PARTNERSHIP Reimbursement-legal notices Escrow 1011348 134 CLAREY'S SAFETY EQUIPMENT Operating Supplies Recreation Admin 1011292 134 METROPOLITAN FORD Equipment Parts Fleet Operating 1011518 133 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 239847 132 G&K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 239712 132 CARLSON,EVAN Mileage&Parking Storm Drainage 239749 131 HOME DEPOT CREDIT SERVICES Supplies-Electrical City Center Operations 1011406 131 EXTREME BEVERAGE Liquor Product Received Prairie Village Liquor Store 239986 130 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 1011383 130 KIDCREATE STUDIO Instructor Service Arts Center 239937 129 BELUR,SHOBHA Deposits-P&R Refunds Community Center Admin 239906 125 WASC Conference/Training Senior Center Admin 1011279 125 DARLING,ANDREA Tuition Reimbursement/School Fitness Classes 1011495 125 KODATSKY,SAM Mileage&Parking Park Facilities 1011335 123 SPRINT Computers IT Operating 5494 122 OPTUM HEALTH Other Contracted Services Health and Benefits 239890 120 SIGNSOURCE Supplies-General Building City Center Operations 239705 120 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Park Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Explanataion 1011389 120 NORCOSTCO Clothing&Uniforms Summer Theatre 1011484 119 BEUTZ,KARI Tuition Reimbursement/School Fitness Classes 239803 117 SUMMIT FIRE PROTECTION Operating Supplies Fire 1011590 115 REPUBLIC SERVICES#894 Other Rentals Summer Theatre 239777 115 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating 240116 115 FREDERICK,MIKE Refunds Environmental Education 1011413 114 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 1011525 114 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1011587 114 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 1011569 113 BOYER TRUCKS Equipment Parts Fleet Operating 1011294 113 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Hall-CAM 239789 113 RETROFIT COMPANIES,INC,THE Contract Svcs-Electrical City Hall-CAM 240180 113 SUNDERMAN,ANNA Deposits-P&R Refunds Community Center Admin 1011501 109 STEEN,JEFFREY Mileage&Parking Park Maintenance 1011531 109 SPRINT Computers IT Operating 239781 109 OXYGEN SERVICE COMPANY EMS Supplies Fire 239960 107 DIRECTV Other Contracted Services Police 1011502 107 TYRA-LUKENS,NANCY Travel Expense City Council 240021 105 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 239799 105 ST PAUL POLICE CANINE UNIT Canine Supplies Police 240219 105 BRYAN ROCK PRODUCTS INC Gravel Sewer System Maintenance 1011358 105 MPX GROUP,THE Printing Police 240099 104 CONTECH ENGINEERED SOLUTIONS LLC Repair&Maint.Supplies Storm Drainage 1011379 104 HD SUPPLY FACILITIES MAINTENANCE Supplies-General Bldg Park Shelters 239843 103 DIRECTV Cable TV Community Center Admin 240103 103 DIRECTV Cable TV Community Center Admin 239902 101 UNIFORMS UNLIMITED Clothing&Uniforms Police 239697 100 ARVOLD,SARA Refunds Environmental Education 239734 100 FISHER,NANCY Refunds Environmental Education 239756 100 JOHNSON,JAY Refunds Environmental Education 239766 100 MCMONCEAUZ,DONNA Refunds Environmental Education 239791 100 SANDHOEFNER,KRISTA Refunds Environmental Education 240020 100 MINNESOTA DEPARTMENT OF HEALTH Design&Engineering Water Capital 240041 100 ROSENGREN,BRIAN Refunds Environmental Education 240072 100 AAA LAMBERTS LANDSCAPE PRODUCTS INC Repair&Maint.Supplies Utility Operations-General 240138 100 JUDI BLOMBERG Refunds Environmental Education 240158 100 MRPA Dues&Subscriptions Park Maintenance 240159 100 NATT,MICHAEL Refunds Environmental Education 240175 100 SONDRALL,STEVE Refunds Environmental Education 240256 100 INGBER,PEGGY&DAVID Refunds Environmental Education 1011576 100 FORKLIFTS OF MINNESOTA INC Equipment Repair&Maint Utility Operations-General 1011289 100 LEVERSON,DEANNA Tuition Reimbursement/School Fitness Classes 1011291 100 MCCALLEY,JAMIE Tuition Reimbursement/School Fitness Classes 1011542 99 ADAMS PEST CONTROL INC Maintenance Contracts Utility Operations-General 240295 98 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 1011297 98 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1011490 97 FASTENAL COMPANY Safety Supplies Fleet Operating 1011361 96 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 240276 96 OFFICE OF MN IT SERVICES Other Contracted Services Police 239869 95 LAURSEN PIANO SERVICE Equipment Repair&Maint Senior Center Admin 240058 91 ULTIMATE PLAYGROUNDS INC Equipment Repair&Maint Staring Lake 1011524 90 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 239899 90 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 240104 89 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 5501 89 VANCO SERVICES Miscellaneous Community Center Admin 240267 88 MICRO CENTER A/R Other Hardware IT Operating Check# Amount Supplier/Explanation Account Description Business Unit Explanataion 239773 87 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 239750 86 HUDSON,BRETT AR Utility Water Enterprise Fund 1011356 85 METROPOLITAN FORD Equipment Parts Fleet Operating 1011498 85 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Center Operations 1011545 85 BRINK,LORI Mileage&Parking Recreation Admin 1011371 84 CARE EXPRESS PRODUCTS INC Operating Supplies Police 239694 84 ANCHETA,PETRONILO Deposits-P&R Refunds Community Center Admin 1011288 84 KRAEMERS HARDWARE INC Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 239724 81 CUB FOODS EDEN PRAIRIE Training Supplies Police 240289 80 RETROFIT COMPANIES,INC,THE Supplies-Electrical Police City Center 239757 80 KAISER,DAVID S Equipment Repair&Maint Fitness Center 239861 78 J H LARSON COMPANY Supplies-Electrical Fire Station#4 1011385 78 MENARDS Operating Supplies Park Maintenance 240208 78 APPERT'S FOODSERVICE Merchandise for Resale Concessions 1011568 77 BIFFS INC Waste Disposal Park Maintenance 240225 76 COBORNS Merchandise for Resale Concessions 1011387 76 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 239800 76 STAPLES ADVANTAGE Office Supplies Customer Service 240214 75 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police 240054 74 STAPLES ADVANTAGE Office Supplies Customer Service 239770 73 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 240215 73 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 240140 72 KOCOUREK,JOAN Clothing&Uniforms Police 1011376 71 FRONTIER PRECISION INC Equipment Repair&Maint Water System Maintenance 240307 71 UNIFORMS UNLIMITED Clothing&Uniforms Police 1011349 70 DAVIS,HEATHER Mileage&Parking Youth Programs Admin 1011497 70 MPX GROUP,THE Printing Police 240291 69 ROWBERRY,LANAE Deposits Escrow 1011275 68 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 240128 68 HUSS,JEFF Deposits-P&R Refunds Community Center Admin 1011559 67 SHRED-IT USA MINNEAPOLIS Other Contracted Services Community Center Admin 5483 66 VANCO SERVICES Miscellaneous Community Center Admin 1011594 65 STAR TRIBUNE MEDIA COMPANY LLC Miscellaneous Administration 239698 65 ASPEN MILLS Clothing&Uniforms Fire 240150 64 McMAHON,BRETT Operating Supplies Reserves 1011300 63 STEEN,JEFFREY Mileage&Parking Tree Disease 240173 62 SARAF,ASHESH Deposits-P&R Refunds Community Center Admin 240314 62 WATKINS,LAURA Deposits-P&R Refunds Community Center Admin 239948 61 COBORNS Merchandise for Resale Concessions 239931 61 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 239865 60 KAISER,DAVID S Operating Supplies Park Facilities 239940 60 BROGAN,VICTORIA Deposits Community Center Admin 240187 60 ULTIMATE EVENTS,INC Other Rentals July 4th Celebration 1011461 60 POMP'S TIRE SERVICE INC Tires Fleet Operating 239827 60 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 240228 59 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance 1011604 59 ZIEGLER INC Equipment Parts Sewer System Maintenance 239936 59 BCA Contract Svcs-General Bldg Police City Center 240093 59 COMCAST Cable TV Fire 1011467 58 SIRCHIE FINGER PRINT LABORATORIES Operating Supplies Police 1011486 57 CARLSTON,BRANDON Training Supplies Police 239903 57 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 1011414 56 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1011561 55 STRONER,ELIZABETH Operating Supplies Police 239923 54 ALWARD,GAY Deposits-P&R Refunds Community Center Admin 1011536 53 UPS Office Supplies Utility Operations-General Check# Amount Supplier/Explanation Account Description Business Unit Explanataion 1011326 52 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 239873 51 MEDICINE LAKE TOURS Special Event Fees Trips 239972 51 GEHRKE,THERESA Deposits-P&R Refunds Community Center Admin 1011483 50 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 240203 50 ABLE HOSE&RUBBER INC Repair&Maint.Supplies Water Treatment Plant 239731 50 FEDERAL EXPRESS CORPORATION Operating Supplies Police 239758 50 KASWIT,BETSY Refunds Environmental Education 239854 50 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 239878 50 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Water Treatment Plant 239889 50 SCHMIDT,MATTHEW Deposits Escrow 240124 50 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 1011530 50 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 239741 50 HAYDEN,DAVID Refunds Environmental Education 240264 49 LARSON,RICHARD Refunds Environmental Education 239842 49 DELUXE Bank and Service Charges Prairie View Liquor Store 239808 48 TURFWERKS Equipment Parts Fleet Operating 1011574 47 FASTSIGNS Printing Special Initiatives 239783 47 PETSMART Canine Supplies Police 239867 46 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Community Center Admin 240312 41 WASNIEWSKI,KEVIN Deposits-P&R Refunds Community Center Admin 239830 41 BEARING INDUSTRIAL&SUPPLIES INC Equipment Parts Water Treatment Plant 239841 41 DASUKI,RINTO Deposits-P&R Refunds Community Center Admin 239949 40 COFFMAN,WILLIAM&CAROL Deposits Community Center Admin 240042 40 ROTH,ERIC&RENEE PETROSKI Deposits Community Center Admin 240044 40 SANDEEN,REBEKA&JAYSON Deposits Community Center Admin 240305 40 TWIN CITIES BUSINESS MONTHLY Dues&Subscriptions Economic Development 1011557 39 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 239761 38 LANO EQUIPMENT INC Equipment Parts Fleet Operating 1011436 38 CAWLEY COMPANY,THE Clothing&Uniforms Den Road Liquor Store 239742 38 HAYEN,LINDA Operating Supplies General Fund 240255 37 INDELCO PLASTICS CORP Operating Supplies Round Lake 239771 35 MINNESOTA DEPT OF HEALTH Licenses,Permits,Taxes,Fees Concessions 239993 34 IND SCHOOL DIST 272 Building Rental Summer Theatre 240245 34 HANCE ACE HARDWARE Equipment Parts Fleet Operating 240012 33 MATSON HOLDINGS INC Small Tools Fleet Operating 240057 33 TRI STATE BOBCAT INC. Equipment Parts Fleet Operating 239954 32 CUB FOODS EDEN PRAIRIE Operating Supplies Police 240095 32 COMCAST Wireless Subscription IT Operating 1011316 31 CONCRETE CUTTING&CORING INC Repair&Maint.Supplies Sewer System Maintenance 1011519 30 JANEX INC Supplies-General Building City Center Operations 240236 28 FIRE SAFETY USA INC Equipment Repair&Maint Fire 240260 26 KENCO LABEL&TAG CO,LLC Office Supplies Police 240261 26 KENCOSTORE.COM Miscellaneous IT Operating 240130 25 IAFC Dues&Subscriptions Fire 1011321 25 FASTSIGNS Building Repair&Maint. Park Maintenance 240156 25 MINNESOTA VALLEY ELECTRIC COOPERATIVE Gas Riley Creek Woods 240201 23 WUTTKE,TRAVIS Conference/Training Fire 240078 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 239699 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 240008 21 LUBE-TECH ESI Equipment Parts Fleet Operating 239915 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 240022 21 MINNESOTA TROPHIES&GIFTS Operating Supplies Park Maintenance 239706 20 BOLAND,BEVERLY D Deposits Community Center Admin 239722 20 CROSS,CINDY Deposits Community Center Admin 239762 20 MAHJU,DEEPIKA Deposits Community Center Admin 239794 20 SHEN,XIAOJIAN Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Explanataion 239920 20 ADAMS,KATHY J Deposits Community Center Admin 239946 20 CHABIN,ERIC Deposits Community Center Admin 239957 20 DAVIS,DONNA K Deposits Community Center Admin 239958 20 DAVIS,SANDRA Deposits Community Center Admin 239967 20 FALTINSON,JULILE Deposits Community Center Admin 239980 20 HALLSON,LINDA Deposits Community Center Admin 239981 20 HANSON,SANDRA L Deposits Community Center Admin 239982 20 HARTL,CASSIUS Deposits Community Center Admin 239999 20 JOHNSON,TRUDY Deposits Community Center Admin 240002 20 KAST,JEFFREY Deposits Community Center Admin 240005 20 LARSON,DOROTHY Deposits Community Center Admin 240007 20 LEHNE,KELLY M Deposits Community Center Admin 240010 20 MADSEN,BARBARA Deposits Community Center Admin 240011 20 MADSEN,TIMOTHY Deposits Community Center Admin 240014 20 MAUS,COREY Deposits Community Center Admin 240028 20 OSTENSON,LISA Deposits Community Center Admin 240038 20 RAMETTE,JIM Deposits Community Center Admin 240039 20 RIX,ELIZABETH Deposits Community Center Admin 240045 20 SHEN,XIAOJIAN Deposits Community Center Admin 240046 20 SHOTWELL,NICHOLE Deposits Community Center Admin 240056 20 SWARTOUT,CYNTHIA Deposits Community Center Admin 240063 20 WIKLUND,DAVID Deposits Community Center Admin 240069 20 YOUNGS,MARIA Deposits Community Center Admin 240181 20 SWARTOUT,CYNTHIA Deposits Community Center Admin 1011400 20 BATTERIES PLUS Repair&Maint.Supplies Water System Maintenance 1011472 20 UPS Postage IT Operating 1011555 20 METROPOLITAN FORD Equipment Parts Fleet Operating 1011274 17 BERRY COFFEE COMPANY Operating Supplies Fire 240285 16 PONCHOLI,PARAG Refunds Environmental Education 1011591 16 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 1011411 16 KRAEMERS HARDWARE INC Supplies-General Bldg Historical Buildings 240026 16 OPHOVEN SAW SERVICE Equipment Repair&Maint Senior Center Programs 1011480 15 ZIEGLER INC Repair&Maint.Supplies Ice Arena Maintenance 240074 15 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 240115 15 FRAZIER,GARRY Deposits Community Center Admin 240226 15 COMCAST Other Contracted Services Police 1011370 14 BOYER TRUCKS Equipment Parts Fleet Operating 240157 10 MN PRIMA Conference/Training Human Resources 239834 9 BUDDE,AMANDA Deposits-P&R Refunds Community Center Admin 240237 7 FISERV INC Bank and Service Charges Water Accounting 240094 6 COMCAST Cable TV Fire 240132 5 INTERNAL REVENUE SERVICE CENTER Pension payment-SS/FICA Health and Benefits 239820 5 ADAMS,KATHY J Deposits-P&R Refunds Community Center Admin 1011355 5 KRAEMERS HARDWARE INC Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 1011553 4 KRAEMERS HARDWARE INC Supplies-Security Fitness/Conference-Cmty Ctr 239950 2 COMCAST Other Contracted Services Police 240257 2 JERRYS DO IT BEST Equipment Parts Fleet Operating 10,739,476 Grand Total City of Eden Prairie Purchasing Card Payment Report May Purchases Amount Explanation Vendor Account Description Business Unit -3,201 US-Purchasing card rebate US BANK Other Revenue General Fund 250 US-license fee SAUCERMAN,ROGER Licenses,Permits,Taxes,Fees Fitness Classes 15 US-text message overage 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 240 US-pump school-4 people MINNESOTA POLLUTION CONTROL AG Conference/Training Sewer Liftstation 20 US-riley house sign MENARDS Repair&Maint.Supplies Riley House 29 US-riley house sign MENARDS Repair&Maint.Supplies Riley House 7 US-general supplies MENARDS Operating Supplies Park Maintenance 18 US-general supplies FRATTALLONE'S/MINNETONKA ACE Operating Supplies Park Maintenance 4 US-rta spring MENARDS Operating Supplies Richard T.Anderson Cons.Area 13 US-miller sign MENARDS Repair&Maint.Supplies Miller Park 75 US-miller sign STORMS WELDING&MFG INC. Repair&Maint.Supplies Miller Park 24 US-trash can MENARDS Operating Supplies Park Maintenance 472 US-vets memorial flags AMERICAN FLAGS.COM Other Contracted Services Park Acquisition&Development 16 US-garden shet HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance -300 US-P Bauer cc fraud US BANK Deposits Escrow 462 US-jetter nozzle ENVIRONMENTAL PRODUCTS Small Tools Utility Operations-General 334 US-IABC dues IABC Dues&Subscriptions Communications 59 US-parts AMAZON.COM Equipment Parts Fleet Operating 298 US-lsu shelves HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Emergency Preparedness 24 US-can fit lunch GINA MARIAS INC Operating Supplies Senior Center Admin 26 US-pop/supplies CUB FOODS EDEN PRAIRIE Operating Supplies Senior Center Admin 4 US-napkins DOLLAR TREE STORES,INC. Operating Supplies Senior Center Admin 3 US-ice-sr awareness BYERLYS Special Event Fees Senior Board 170 US-fashion show BAKERS SQUARE Special Event Fees Senior Center Programs 1,080 US-sr awareness dinner ANNIE'S CAFE Special Event Fees Senior Center Programs 32 US-woodshop JPW INDUSTIRES Equipment Repair&Maint Senior Center Programs 56 US-sr awareness dinner CUB FOODS EDEN PRAIRIE Operating Supplies Senior Board 25 US-card shuffler AMAZON.COM Operating Supplies Senior Board 188 US-coffee COFFEE WHOLESALE Operating Supplies Senior Center Programs 17 US-supplies WALMART COMMUNITY Operating Supplies Senior Board 42 US-rope for vactor MENARDS Repair&Maint.Supplies Sewer System Maintenance 520 US-leadership trng books BARNES&NOBLE Training Supplies Utility Operations-General 397 US-AWWA water works GRAND ELY LODGE Travel Expense Water Treatment Plant 397 US-AWWA water works GRAND ELY LODGE Travel Expense Water Treatment Plant 13 GRAND ELY LODGE Sales Tax Payable Water Enterprise Fund 13 US-AWWA water works GRAND ELY LODGE Travel Expense Water Treatment Plant 12 US-AWWA water works GRAND ELY LODGE Travel Expense Water Treatment Plant -132 US-AWWA water works GRAND ELY LODGE Travel Expense Water Treatment Plant 12 GRAND ELY LODGE Sales Tax Payable Water Enterprise Fund 65 US-maint supplies MENARDS Repair&Maint.Supplies Water Treatment Plant 10 US-h20 samples UNITED STATES POSTAL SERVICE Postage Water Treatment Plant 51 US-splash pad-round lake MENARDS Operating Supplies Park Maintenance 10 US-shop supplies MENARDS Operating Supplies Park Maintenance 16 US-round lake irrigation TARGET Repair&Maint.Supplies Round Lake 15 US-shop supplies MENARDS Operating Supplies Park Maintenance 13 US-lunch at training DENNYS Travel Expense Water Treatment Plant Amount Explanation Vendor Account Description Business Unit 13 PERKINS Sales Tax Payable Water Enterprise Fund 1 US-water samples BYERLYS Repair&Maint.Supplies Water Treatment Plant 17 US-office supplies OFFICE DEPOT CREDIT PLAN Office Supplies Water Treatment Plant 2 US-twine for parks boundary MENARDS Operating Supplies Park Maintenance 70 US-supplies AMSAL WOLDIE Operating Supplies Fire 125 US-travel expense DELTA AIR Travel Expense Fire 182 US-Cox cc-flowers BACHMANS CREDIT DEPT Deposits Escrow 80 US-transportation WYNN ENVIRONMENTAL SALES INC Operating Supplies Fire 597 US-photos PICTURE IT ON CANVAS Operating Supplies Fire 135 US-Cox cc-flowers BACHMANS CREDIT DEPT Deposits Escrow 508 US-photos PICTURE IT ON CANVAS Operating Supplies Fire 17 US-meal RUBY TUESDAY Operating Supplies Fire 216 US-food NOTHING BUNDT CAKES Operating Supplies Fire 139 US-Cox cc flowers BACHMANS CREDIT DEPT Deposits Escrow 183 US-equip rental A TO Z RENTAL CENTER Operating Supplies Fire 14 US-parts MENARDS Equipment Parts Fleet Operating 40 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 47 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 15 US-café food BRUEGGERS BAGEL Merchandise for Resale Concessions 23 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 100 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 56 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 56 US-binders-supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Concessions 5 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 39 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 30 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 96 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 299 US-training FRED PRYOR SEMINARS Training Supplies Water Treatment Plant 19 US-fuel HOLIDAY STATION STORES INC Travel Expense Engineering 59 US-red lake trip A PINE RESTAURANT Operating Supplies Fire 41 US-gas-red lake RED LAKE NATION FUELS Operating Supplies Fire 78 US-gas-red lake SUPERAMERICA Operating Supplies Fire 89 US-safety camp SHELL OIL Operating Supplies Fire 11 WARRIORS RESTAURANT Sales Tax Payable General Fund 17 US-red lake safety camp WARRIORS RESTAURANT Operating Supplies Fire 17 WARRIORS RESTAURANT Sales Tax Payable General Fund 39 US-red lake safety camp HOLIDAY STATION STORES INC Operating Supplies Fire 10 US-team training AMAZON.COM Conference/Training IT Operating 12 US-action plan ASPEN EXTERIORS INC Conference/Training IT Operating 10 US-K Etter CC personal use AMAZON.COM Deposits Escrow 1,348 US-ipads/cases BEST BUY Computers Storm Drainage 462 US-ipads/cases BEST BUY Capital Under$25,000 Park Maintenance 16 US-lync/skype for business MICROSOFT CORPORATE Software IT Operating 159 US-internal harddrives&memor AMAZON.COM Equipment Repair&Maint IT Operating 15 US-ipad case AMAZON.COM Miscellaneous IT Operating 30 US-cordless phone AMAZON.COM Equipment Repair&Maint IT Telephone 70 US-toner AMAZON.COM Equipment Repair&Maint IT Operating 96 US-toner AMAZON.COM Equipment Repair&Maint IT Operating 29 US-wireless keyboard and mouse AMAZON.COM Computers IT Operating 72 US-brother drum kit AMAZON.COM Equipment Repair&Maint IT Operating 100 US-tv wall mount AMAZON.COM Computers IT Operating 18 US-wireless mouse AMAZON.COM Computers IT Operating Amount Explanation Vendor Account Description Business Unit 24 US-umbrella's for staff AMAZON.COM Miscellaneous IT Operating 151 US-Gasparick CC fraud US BANK Deposits Escrow 397 US-basketballs for gym SPORTS AUTHORITY Operating Supplies Community Center Admin 46 US-name tags OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Lessons 29 US-supplies MENARDS Operating Supplies Police 80 US-hardware-evidence media MICRO CENTER A/R Computers IT Operating 111 digital camera-dupont MICRO CENTER A/R Operating Supplies Police -14 US-splash pad MENARDS Repair&Maint.Supplies Miller Park 28 US-supplies MENARDS Repair&Maint.Supplies Miller Park 18 US-splash pad MENARDS Repair&Maint.Supplies Miller Park 24 US-solar panel/irr MENARDS Repair&Maint.Supplies Park Maintenance 24 US-irrigation MENARDS Repair&Maint.Supplies Park Maintenance 49 US-baseline-sr ctr MENARDS Repair&Maint.Supplies Capital Outlay Parks 15 US-baseline-return borders FEDEX Operating Supplies Park Maintenance -38 US-sr ctr baseline MENARDS Repair&Maint.Supplies Capital Outlay Parks 64 US-ampthiteatre-staring MILLS FLEET FARM Building Repair&Maint. Staring Lake 13 US-sr ctr baseline MENARDS Repair&Maint.Supplies Capital Outlay Parks 7 US-sr ctr baseline MENARDS Repair&Maint.Supplies Capital Outlay Parks 450 US-vets memorial stencil COLD SPRING GRANITE Other Contracted Services Park Acquisition&Development 32 US-fire benches-outdoor ctr MENARDS Repair&Maint.Supplies Outdoor Center 19 US-curb stops-homeward hills MENARDS Repair&Maint.Supplies Homeward Hills Park 29 US-cable tie WAYTEK INC Operating Supplies Park Maintenance 79 US-miller soccer fence MENARDS Repair&Maint.Supplies Miller Park 52 US-tv cable AMAZON.COM Repair&Maint.Supplies Water System Maintenance 75 US-skating guides/adaptor MENARDS Operating Supplies Community Center 2 US-skating guided MENARDS Operating Supplies Community Center 83 US-fitness equipment AMAZON.COM Training Supplies Fitness Classes 83 US-fitness equipment AMAZON.COM Training Supplies Fitness Classes 83 US-fitness equipment AMAZON.COM Training Supplies Fitness Classes 83 US-fitness equipment AMAZON.COM Training Supplies Fitness Classes 83 US-fitness equipment AMAZON.COM Training Supplies Fitness Classes 32 US-fitness equipment INSANITY Training Supplies Fitness Classes 244 US-fitness equipment AMAZON.COM Training Supplies Fitness Classes 295 US-fitness equipment SWIMOUTLET.COM Training Supplies Fitness Classes 150 US-fitness equipment AMAZON.COM Training Supplies Fitness Classes 126 US-fitness equipment YOGAACCESSORIES.COM Training Supplies Fitness Classes 302 US-erosion control-dunn bros TWIN CITY SEED CO Landscape Materials/Supp Douglas More House 49 US-CC personal use-A Kalligher AMAZON.COM Deposits Escrow 239 US-Klima CC fraud ELI RESEARCH Deposits Escrow 30 US-GFOA GOVERNMENT FINANCE OFFICERS AS Conference/Training Finance 4,490 US-Apr15 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 493 US-Apr15 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 821 US-Apr15 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -116 US-Apr15 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund 156 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 286 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 194 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 93 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 505 US-GFOA GOVERNMENT FINANCE OFFICERS AS Awards Finance 460 US-pball gym net PICKLEBALLCENTRAL.COM Operating Supplies Gymnasium(CC) Amount Explanation Vendor Account Description Business Unit 166 US-riley pball set PICKLEBALLCENTRAL.COM Operating Supplies Park Facilities 26 US-office supplies OFFICEMAX CREDIT PLAN Operating Supplies Community Center Admin 23 US-lunch at training SIR G ITALIAN REST Travel Expense Water Treatment Plant 139 US-real estate license renewal VUE LICENSING Licenses,Permits,Taxes,Fees Economic Development 249 US-subscription renewal FINANCE&COMMERCE Dues&Subscriptions Economic Development 113 US-supplies MILLS FLEET FARM Repair&Maint.Supplies Water Treatment Plant 38 US-cables/adapters AMAZON.COM Office Supplies Utility Operations-General 260 US-plantings BACHMANS CREDIT DEPT Repair&Maint.Supplies Utility Operations-General 0 US-garlic BYERLYS Repair&Maint.Supplies Utility Operations-General 328 JIMMY JOHNS Sales Tax Payable General Fund 451 US-mn clerks institute CROWNE PLAZA Travel Expense Administration 136 US-sunshine fund-Vandenberghe BACHMANS CREDIT DEPT Deposits Escrow 81 US-sunshine fund-bourne VICTORIA ROSE FLORAL Deposits Escrow -60 US-refund JIMMY JOHNS Miscellaneous City Council 304 US-council workshop food QDOBA MEXICAN GRILL Miscellaneous City Council 84 US-sunshine fund-hammerlind BACHMANS CREDIT DEPT Deposits Escrow 29 US-shuttle fee SUPER SHUTTLE Tuition Reimbursement/School Police 107 US-C Munoz CC BEST BUY Deposits Escrow -107 US-C Munoz CC BEST BUY Deposits Escrow 48 US-office supplies OFFICE DEPOT CREDIT PLAN Office Supplies Police 102 US-office supplies OFFICE DEPOT CREDIT PLAN Office Supplies Police 11 US-office supplies AMAZON.COM Office Supplies Police 45 US-office supplies AMAZON.COM Office Supplies Police 26 US-cleaning supplies TARGET Operating Supplies Community Center Admin 39 US-supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 699 US-W Parker CC personal use OMNI HOTELS Deposits Escrow 31 US-interview panel CHIPOTLE Operating Supplies Fire 38 US-interview panel CRUMB GOURMET DELI Operating Supplies Fire 40 US-ems c-5 REPAIR LAIR EMS Supplies Fire 40 US-sewer stock job-late night DETELLOS Repair&Maint.Supplies Sewer System Maintenance 30 US-ARMA TWIN CITIES ARMA Conference/Training City Clerk 25 US-llmc conf baggage fee DELTA AIR Travel Expense City Clerk 25 US-llmc conf baggage fee DELTA AIR Travel Expense City Clerk 713 US-llmc conf MARRIOTT HOTELS Conference/Training City Clerk 126 US-tools MENARDS Repair&Maint.Supplies Storm Drainage 20 US-filler HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage 91 US-tools MENARDS Repair&Maint.Supplies Storm Drainage 80 US-restorations MENARDS Repair&Maint.Supplies Water System Maintenance 270 US-classes AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 441 US-training supplies DAVANNI'S PIZZA Training Supplies Pool Operations 209 US-supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Pool Operations 457 US-supplies LIFEGUARD STORE INC,THE Operating Supplies Pool Operations 457 US-supplies LIFEGUARD STORE INC,THE Safety Supplies Pool Operations 49 US-license for clean up day HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Recycle Rebate 48 US-facilities inventory softwa ITUNES STORE Software Storm Drainage 68 US-supplies SPORTS WORLD USA INC Merchandise for Resale Concessions 212 US-camera kit ROSCO VISION Equipment Parts Fleet Operating 67 US-gloves AW DIRECT Equipment Parts Fleet Operating 19 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 11 US-café food COBORNS Merchandise for Resale Concessions 6 US-café food TARGET Merchandise for Resale Concessions 751 US-PA system GUITAR CENTER Repair&Maint.Supplies City Center Operations Amount Explanation Vendor Account Description Business Unit -51 US-refund tax exempt GUITAR CENTER Repair&Maint.Supplies City Center Operations 498 US-bathroom sink FAUCETDIRECT.COM Repair&Maint.Supplies City Center Operations 176 US-bathroom faucet HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies City Center Operations 756 US-bathroom faucet FAUCETDIRECT.COM Repair&Maint.Supplies City Center Operations 77 US-supplies ACTION OVERHEAD GARAGE Repair&Maint.Supplies Fire Station#5 96 US-sod for restoration HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 64 US-sod for restoration HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 55 US-scripts for one acts DRAMATIC PUBLISHING Operating Supplies Theatre Initiative 58 US-art supplies for camp DISCOUNT SCHOOL SUPPLY Operating Supplies Arts Center 68 US-birthday party supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 53 US-supplies for acrylic class BUCK ART MATERIALS Operating Supplies Arts Center 182 US-supplies for art camp STAPLES Operating Supplies Arts Center 7 US-parking for fitness class U OF M PARKING Mileage&Parking Athletic Programs Admin 8 US-handwarmers for umpires WALMART COMMUNITY Operating Supplies Softball 107 US-camera for assessors BEST BUY Video&Photo Supplies Assessing 495 US-concrete crew STORMS WELDING&MFG INC. Building Materials Street Maintenance 27 US-ipad charger TARGET Small Tools Traffic Signs 8,995 US-ballistic helmets GALLS INC Capital Under$25,000 Federal Forfeiture 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 23 US-hole saw,slide-staring MENARDS Repair&Maint.Supplies Staring Lake -400 US-lift for flag repair A TO Z RENTAL CENTER Other Contracted Services Park Acquisition&Development 597 US-lift for flag repair A TO Z RENTAL CENTER Other Contracted Services Park Acquisition&Development 1 US-bolts-bluff slide MENARDS Equipment Parts Bluff Tot Lot#1 29 US-RL skate park sign MENARDS Repair&Maint.Supplies Round Lake 6 US-RL skate park sign MENARDS Repair&Maint.Supplies Round Lake 23 US-splash pad,bug spray MENARDS Operating Supplies Round Lake 27 US-smetana railing MENARDS Repair&Maint.Supplies Smetana Park 567 US-itron training SHERATON HOTEL Travel Expense Utility Operations-General 190 US-supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Water Metering 30 US-critter food PETCO Operating Supplies Outdoor Center 30 US-books/resources UNIVERSITY OF WISCONSIN-STEVEN Operating Supplies Outdoor Center 23 US-critter food PETCO Operating Supplies Outdoor Center 20 US-preschool program AMAZON.COM Operating Supplies Outdoor Center 26 US-outdoor ctr MENARDS Operating Supplies Outdoor Center 59 US-program supplies MONARCH WATCH Operating Supplies Outdoor Center 5 US-sod MENARDS Landscape Materials/Supp Trail Construction 6 US-shelf HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water Treatment Plant 1,952 US-led lights PAYPAL INC Building Repair&Maint. Water Treatment Plant 3 US-screws for tv mounts HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Public Safety Communications 4 US-bolts for tv mounts MENARDS Equipment Repair&Maint Public Safety Communications 75 US-tv mounts AMAZON.COM Equipment Repair&Maint Public Safety Communications 2,000 US-indoor rowers UNIVERSITY OF MINNESOTA Operating Supplies Fitness Classes 151 US-wahlund cc EDINA LIQUOR STORE Deposits Escrow -151 US-wahlund cc EDINA LIQUOR STORE Deposits Escrow 645 US-supplies NORTH AMERICAN RESCUE Operating Supplies Police 45 US-weber trng MINNESOTA CHIEFS OF POLICE ASS Tuition Reimbursement/School Police 45 US-munoz trng MINNESOTA CHIEFS OF POLICE ASS Tuition Reimbursement/School Police 77 US-sports spots prism AMAZON.COM Operating Supplies Youth Programs Admin 46 US-sports dics AMAZON.COM Operating Supplies Youth Programs Admin 10 US-membership PAYPAL INC Operating Supplies Youth Programs Admin 54 US-supplies WILSON SPORTING GOODS Operating Supplies Tennis 146 US-guidebook AMAZON.COM Operating Supplies Youth Programs Admin Amount Explanation Vendor Account Description Business Unit 155 US-membership USIA Dues&Subscriptions Tennis 54 US-supplies COBORNS Operating Supplies Youth Programs Admin 72 US-supplies HOME DEPOT CREDIT SERVICES Operating Supplies Youth Programs Admin 19 US-supplies TARGET Operating Supplies Youth Programs Admin 247 US-staff trng DAVANNI'S PIZZA Operating Supplies Youth Programs Admin 57 US-staff trng PAPA JOHNS PIZZA Operating Supplies Tennis 165 US-LIT OFFICE DEPOT CREDIT PLAN Operating Supplies Teen Programs 149 US-LIT HOME DEPOT CREDIT SERVICES Operating Supplies Teen Programs 61 US-supplies WALMART COMMUNITY Operating Supplies Playgrounds 12 US junior team tennis USTA Dues&Subscriptions Tennis 48 US junior team tennis USIA Dues&Subscriptions Tennis 36 US junior team tennis USIA Dues&Subscriptions Tennis 24 US junior team tennis USIA Dues&Subscriptions Tennis 24 US junior team tennis USIA Dues&Subscriptions Tennis 12 US junior team tennis USIA Dues&Subscriptions Tennis 20 US-Lindon membership USIA Dues&Subscriptions Tennis 20 US-pradhan membership USIA Dues&Subscriptions Tennis 20 US-peterson membership USIA Dues&Subscriptions Tennis 20 US-walmer membership USIA Dues&Subscriptions Tennis 20 US-winker membership USIA Dues&Subscriptions Tennis 20 US-truempi membership USIA Dues&Subscriptions Tennis 20 US-magnani membership USIA Dues&Subscriptions Tennis 20 US-magnani membership USIA Dues&Subscriptions Tennis 20 US-awosika membership USIA Dues&Subscriptions Tennis 20 US-weets membership USIA Dues&Subscriptions Tennis 20 US-membership USIA Dues&Subscriptions Tennis 219 US-LIT TARGET Operating Supplies Teen Programs 92 US-LIT WALMART COMMUNITY Operating Supplies Teen Programs 57 US-supplies AMAZON.COM Operating Supplies Playgrounds 70 US-thumball AMAZON.COM Operating Supplies Youth Programs Admin 17 US-supplies AMAZON.COM Operating Supplies Playgrounds 70 US-adaptive teen program BRUNSWICK BOWLING LANES Special Event Fees New Adaptive 57 US-everyone can dance supplies TARGET Operating Supplies Leisure Education 114 US-summer staff training TARGET Operating Supplies Therapeutic Rec Admin 69 US-summer staff training OFFICEMAX CREDIT PLAN Operating Supplies Therapeutic Rec Admin 48 US-bank service charge PLUG N PAY Bank and Service Charges Community Center Admin 32 US-bank service charge PLUG N PAY Bank and Service Charges Community Center Admin 350 US-conf morrow IACP Conference/Training Police 466 US-D becker lodging BEST WESTERN Tuition Reimbursement/School Police 466 US-B Davis lodging BEST WESTERN Tuition Reimbursement/School Police 183 US-ear protection AMAZON.COM Training Supplies Police 218 US-lodging K9 trng-Wyffels LA QUINTA INNS&SUITES Tuition Reimbursement/School Police 218 US-B Davis lodging-K9 trng LA QUINTA INNS&SUITES Tuition Reimbursement/School Police 1,124 US-power adapter LIND ELECTRONICS Clothing&Uniforms Utility Operations-General 706 US-trees for redrock OTTEN BROS NURSERY&LANDSCAPI Repair&Maint.Supplies Sewer Liftstation 50,953 Report Total City of Eden Prairie Purchasing Card Payment Report June Purchases Amount Explanation Vendor Account Description Business Unit -88 US-Beena CC Fraud US BANK Deposits Escrow 62 US-shop equipment HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 8 US-trails MENARDS Operating Supplies Park Maintenance 25 US-Vactor School fuel KWIK TRIP STORES Motor Fuels Utility Operations-General 45 US-Vactor School lunch SHAKERS LOUNGE Travel Expense Utility Operations-General 44 US-Vactor School fuel MARATHON OIL Motor Fuels Utility Operations-General 55 US-Vactor School lunch SHAKERS LOUNGE Travel Expense Utility Operations-General 65 US-Cap Sub-Assy BURNSVILLE TOYOTA Equipment Parts Fleet Operating 207 US-fuel filter and pump CITIES EDGE Equipment Parts Fleet Operating 90 US-S.Berg Recertification SOUTH CENTRAL TECHNICAL COLLEG Equipment Testing/Cert. Fleet Operating 118 US-#727 Comp Mount NATIONAL PRODUCTS INC Autos Water Distribution -15 US-LSU Bin Return HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Emergency Preparedness 41 US-Bins LSU HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Emergency Preparedness 12 US-Driver Safety Class KOWALSKI'S MARKET Operating Supplies Senior Center Programs -162 US-Green Painters Tape SHERWIN WILLIAMS CO Deposits Escrow 162 US-Green Painters Tape SHERWIN WILLIAMS CO Deposits Escrow 27 US-Pinochle Cards AMAZON.COM Operating Supplies Senior Board 7 US-pop WALMART COMMUNITY Operating Supplies Senior Center Admin 20 US-EE Gifts(bubble bottles) PAYPAL INC Operating Supplies Internal Events 46 US-staff shirts EP PARKS REC IN PERSON Clothing&Uniforms Senior Board 101 US-Garden Party CUB FOODS EDEN PRAIRIE Special Event Fees Senior Board 63 US-parts vactor FRATTALLONE'S/MINNETONKA ACE Repair&Maint.Supplies Sewer System Maintenance -85 US-books returned BARNES&NOBLE Training Supplies Utility Operations-General 163 US-leadership books AMAZON.COM Office Supplies Utility Operations-General 42 US-employee pictures TARGET Office Supplies Utility Operations-General 2 US-employee pictures TARGET Office Supplies Utility Operations-General 50 US-office supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Street Maintenance 29 US-round lake PVC/parts MENARDS Repair&Maint.Supplies Round Lake 7 US-round lake brass ball part MENARDS Repair&Maint.Supplies Round Lake 21 US-ratchetx 5000 lbs 2p MENARDS Small Tools Water Treatment Plant 63 US-FP10-167/FP-111 Repl FILPRO CORP Repair&Maint.Supplies Water Treatment Plant 21 US-Lime Silo Tool GANDER MOUNTAIN Repair&Maint.Supplies Water Treatment Plant 19 US-Press hardware MENARDS Repair&Maint.Supplies Water Treatment Plant 6 US-Press#1 hardware MENARDS Repair&Maint.Supplies Water Treatment Plant 268 US-flowers-recognition meeting BACHMANS CREDIT DEPT Operating Supplies Fire 1,557 US-recognition meeting BUCA Operating Supplies Fire 119 US-K Cox CC-galuska BACHMANS CREDIT DEPT Deposits Escrow 20 US-phone log book OFFICE DEPOT CREDIT PLAN Operating Supplies Fire 15 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 79 US-café operatin supplies US FOOD CULINARY EQUIPMENT&S Operating Supplies Concessions 100 US-trailer licensea plication HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Concessions 49 US-Itinerant license HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Concessions 149 US-Itinerant license HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes,Fees Concessions 62 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 36 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 32 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 5 US-café food SUPER AMERICA Merchandise for Resale Concessions 19 US-café food WALMART COMMUNITY Merchandise for Resale Concessions Amount Explanation Vendor Account Description Business Unit 89 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 5 US-café food SUPER AMERICA Merchandise for Resale Concessions 18 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 25 US-L.Lind Bailers License DEPARTMENT OF LABOR AND INDUST Licenses,Permits,Taxes,Fees Water Treatment Plant 360 US-Dusek Fall Conference MN AWWA Tuition Reimbursement/School Water Treatment Plant 76 US-3 Megaphone Rd Lake AMAZON.COM Operating Supplies Round Lake Beach 75 US-2 Walkie Talkies Rd Lake AMAZON.COM Operating Supplies Round Lake Beach 186 US-Sunscreen,3 Megaphone AMAZON.COM Operating Supplies Round Lake Beach 6 US-BugSpray AMAZON.COM Operating Supplies Round Lake Beach 6 US-BugSpray AMAZON.COM Operating Supplies Riley Lake Beach 123 US-Paddles,Gatorade,Candy MILLS FLEET FARM Operating Supplies Round Lake Beach 123 US-Paddles,Gatorade,Candy MILLS FLEET FARM Operating Supplies Riley Lake Beach 48 US-Brother Black Toner AMAZON.COM Equipment Repair&Maint IT Operating 418 US-Polycom SoundStation 6000 AMAZON.COM Operating Supplies IT Telephone 22 US-Cable TV Signal Booster AMAZON.COM Miscellaneous IT Operating 24 US-Otterbox iPhone Case AMAZON.COM Miscellaneous IT Operating 100 US-TV Bracket with Tilt AMAZON.COM Computers IT Operating 41 US-Software IT MICROSOFT CORPORATE Equipment Repair&Maint IT Operating 16 US-Software IT MICROSOFT CORPORATE Equipment Repair&Maint IT Operating 220 US-2 Wireless Air Mouse AMAZON.COM Computers IT Operating 27 US-iPad Case AMAZON.COM Miscellaneous IT Operating 140 US-Dell 24 inch LED Monitor AMAZON.COM Computers IT Operating -151 US-T Gasparick CC fraud US BANK Deposits Escrow 8 US-hitch pins FRATTALLONE'S/MINNETONKA ACE Operating Supplies Park Maintenance 4 US-duct tape for tree trunk MENARDS Operating Supplies Park Maintenance 3 US-Top 150 luncheon MPLSPARKING.COM Mileage&Parking Administration 574 US-LMC Conference Hotel HOLIDAY INN Travel Expense Administration 97 US-basketballs for gym SPORTS AUTHORITY Operating Supplies Gymnasium(CC) -2 US-goldenstein CC EDINA LIQUOR STORE Deposits Escrow -2 US-goldenstein CC EDINA LIQUOR STORE Deposits Escrow -2 US-goldenstein CC EDINA LIQUOR STORE Deposits Escrow 2 US-goldenstein CC EDINA LIQUOR STORE Deposits Escrow 2 US-goldenstein CC EDINA LIQUOR STORE Deposits Escrow 2 US-goldenstein CC EDINA LIQUOR STORE Deposits Escrow 32 US-cables MY CABLE MART Miscellaneous IT Operating 20 US-cables MY CABLE MART Miscellaneous IT Operating 220 US-Sperry Software SPERRYSOFTWARE.COM Miscellaneous IT Operating 699 US-forensic SW-pincode breakin SUSTEEN INC Software IT Operating 1,119 US-Comp Forensic SW License re ACCESSDATA CORP Equipment Repair&Maint IT Operating 13 US-baseline round lake UPS STORE,THE Operating Supplies Park Maintenance 3 US-baseline round lake UPS STORE,THE Repair&Maint.Supplies Round Lake 24 US-irrigation purgatory genera MENARDS Repair&Maint.Supplies Park Maintenance 37 US-irrigation flying cloud con MENARDS Operating Supplies Park Maintenance 13 US-baseline FEDEX Operating Supplies Park Maintenance 64 US-flag pole round lake MENARDS Repair&Maint.Supplies Round Lake 26 US-field layout supplies MENARDS Operating Supplies Park Maintenance 60 US-soccer goal anchor MENARDS Operating Supplies Park Maintenance 6 US-Jeremiah pkg b4 check-in DOA MONONA TERRACE PARKING Conference/Training Community Development Admin. 192 US-Jeremiah hotel HILTON HOTELS-MONONA TERRACE Conference/Training Community Development Admin. 32 US-monthly licensing fee INSANITY Licenses,Permits,Taxes,Fees Fitness Classes 2,283 US-Kettlebell&Fitness Class GOPHER PERFORMANCE Operating Supplies Fitness Classes -87 US-credit for fitness supplies GOPHER PERFORMANCE Operating Supplies Fitness Classes Amount Explanation Vendor Account Description Business Unit 379 US-water x class belt SWIMOUTLET.COM Operating Supplies Fitness Classes 54 US-headphones,safety glasses AMAZON.COM Operating Supplies Fitness Classes 217 US-City Ctr Natural Trail TWIN CITY SEED CO Landscape Materials/Supp Trail Construction 495 US-Schwerm ICMA Conference ICMA Conference/Training Administration 302 US-Schwerm ICMA Conference DELTA AIR Travel Expense Administration 295 US-Eng.Job Posting AMERICAN PUBLIC WORKS ASSN Employment Advertising Organizational Services 248 US-Cake for Top Workplace CUB FOODS EDEN PRAIRIE Miscellaneous Communications 20 US-Cake for Top Workplace CUB FOODS EDEN PRAIRIE Miscellaneous Communications -239 US-Klima CC Fraud ELI RESEARCH Deposits Escrow 205 US-Dept Mtg/Project Tour meals CRUMB GOURMET DELI Miscellaneous Community Development Admin. 40 US-Preservation Alliance of MN PRESERVATION ALLIANCE OF MINNE Dues&Subscriptions Planning 4 US-Preservation Alliance of MN PRESERVATION ALLIANCE OF MINNE Dues&Subscriptions Planning 18 US-Irvine Park Tour Ticket EB HISTORIC IRVINE PA Conference/Training Planning 169 US-Training BAKER TILLY VIRCHOW KRAUSE LLP Conference/Training Housing and Community Service 30 US-Wilson,June Monthly Mtg MINNESOTA GFOA Conference/Training Finance 3,306 US-Building Permits DEPARTMENT OF LABOR AND INDUST Bank and Service Charges Prairie Village Liquor Store 3,306 US-Building Permits DEPARTMENT OF LABOR AND INDUST Bank and Service Charges Den Road Liquor Store 3,306 US-Building Permits DEPARTMENT OF LABOR AND INDUST Bank and Service Charges Prairie View Liquor Store 177 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 323 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 205 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 75 US-Online PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-Recurring PAYPAL INC Bank and Service Charges Utility Operations-General 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 25 US-café food KWIK TRIP STORES Merchandise for Resale Concessions 32 US-café food KWIK TRIP STORES Merchandise for Resale Concessions 8 US-Alysen Pkg for Mpls Mtg CAP CITY-DAILY Mileage&Parking Economic Development 144 US-Best Workplace Award suppli TARGET Miscellaneous Communications 78 US-Best Workplace Award suppli PARTY CITY Miscellaneous Communications 99 US-Upgrade to Dropbox Acct DROPBOX Other Contracted Services Communications 67 US-light covers ELIGHT BULBS Building Repair&Maint. Water Treatment Plant 120 US-light project HOME DEPOT CREDIT SERVICES Building Repair&Maint. Water Treatment Plant 728 US-press buttons GROSS AUTOMATION Repair&Maint.Supplies Water Treatment Plant 173 US-printer cartriges INKFARM.COM Operating Supplies Utility Operations-General 26 US-4th of July decorations DOLLAR TREE STORES,INC. Office Supplies Utility Operations-General 69 US-plants at water plant BACHMANS CREDIT DEPT Repair&Maint.Supplies Utility Operations-General 220 US-Retirement Gift T.Tesch HALLMARK INSIGHTS Employee Award Organizational Services 38 US-SLUC Luncheon T.Mahtani SENSIBLE LAND USE COALITION Miscellaneous Planning 94 US-Sunshine Fund R.Wright DINGMAN FUNERAL CARE Deposits Escrow 299 US-Council Workshop Food LEEANN CHIN Miscellaneous City Council 60 US-Sunshine Fund D.Hendricks BACHMANS CREDIT DEPT Deposits Escrow 189 US-laptop box&shipping UPS STORE,THE Operating Supplies Police 198 US-2 Fingerprint Reader AMAZON.COM Office Supplies Police 38 US-USB Drive OFFICE DEPOT CREDIT PLAN Office Supplies Police 48 US-100 pack CD/DVD envelopes AMAZON.COM Office Supplies Police 31 US-Palm support,marker,tabs AMAZON.COM Office Supplies Police 6 US-File Tabs AMAZON.COM Office Supplies Police 100 US-binders,erase markers AMAZON.COM Office Supplies Police 13 US-stapler,calendar AMAZON.COM Office Supplies Police 72 US-Dishwand,Folders AMAZON.COM Office Supplies Police 77 US-CD/DVD envelopes,tape,mou AMAZON.COM Office Supplies Police 57 US-tape measure HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance Amount Explanation Vendor Account Description Business Unit 21 US-boys clothing(3) TARGET Operating Supplies Community Center Admin 36 US-Sand Art Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Special Events(CC) 340 US-Kids Rug"Sign of the Times RTR KIDS RUGS Operating Supplies Day Care 7 US-five iTunes songs ITUNES STORE Operating Supplies Special Events(CC) 6 US-Bubbles WALGREEN'S#5080 Operating Supplies Special Events(CC) 21 US-Labels TARGET Operating Supplies Day Care 150 US-crew room items TARGET Operating Supplies Fire 177 US-Lamps,Mirrors HOMEGOODS Operating Supplies Fire -16 US-returned wall clock TARGET Operating Supplies Fire 64 US-FD Recognition Mtg BACHMANS CREDIT DEPT Operating Supplies Fire 168 US-tactical pouch CHIEF SUPPLY EMS Supplies Fire 10 US-long scrub brush HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage 33 US-aluminum hand float HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage 245 US-EPCC licenses&fees AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 270 US-EPCC licenses&fees AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 297 US-EPCC licenses&fees AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 38 US-CC safety supplies AMERICAN LIFEGUARD PRODUCTS Safety Supplies Pool Operations 405 US-EPCC licenses&fees AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 361 US-EPCC licenses&fees AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 210 US-EPCC licenses&fees AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 130 US-EPCC licenses&fees AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 135 US-EPCC licenses&fees AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 140 US-EPCC licenses&fees AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 120 US-EPCC licenses&fees AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 110 US-EPCC licenses&fees AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 108 US-EPCC licenses&fees AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 29 US-Wall Mount for TV Monitor AMAZON.COM Computers IT Operating 250 US-Toshiba 32 Inch Screen AMAZON.COM Computers IT Operating 22 US-café food COBORNS Merchandise for Resale Concessions 3 US-café ice WENDY'S Merchandise for Resale Concessions 3 US-café ice WENDY'S Merchandise for Resale Concessions 20 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 32 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 49 US-yarn,other WALMART COMMUNITY Repair&Maint.Supplies Ice Arena Maintenance 65 US-illinois vactor trip BASH Travel Expense Utility Operations-General 31 US-vactor school fuel LIBERTY STATION DEFOREST Motor Fuels Utility Operations-General 9 US-vactor school lunch ARBY'S Travel Expense Utility Operations-General 82 US-art supplies for kids camps TRIARCO Operating Supplies Arts Center 10 US-clay studio supplies TARGET Operating Supplies Arts Center 11 US-kids supplies camps/clay st DOLLAR TREE STORES,INC. Operating Supplies Arts Center 3 US-supplies for kids camps WALMART COMMUNITY Operating Supplies Arts Center 121 US-tools and clay for classes CONTINENTAL CLAY COMPANY Operating Supplies Arts Center 29 US-supplies for tile class BYERLYS Operating Supplies Arts 233 US-paint for kids classes/camp TRIARCO Operating Supplies Arts Center 40 US-ad for act auditions PAYPAL INC Operating Supplies Theatre Initiative 143 US-pizza for mosaics tile clas GINA MARIAS INC Operating Supplies Arts 166 US-parts for speakers PAYPAL INC Operating Supplies Staring Lake Concert 768 US-new speakers for concerts SWEETWATER MUSIC TECHNOLOGY DI Operating Supplies Staring Lake Concert 144 US-scripts PIONEER DRAMA SERVICE Operating Supplies Theatre Initiative 294 US-royalties for performances PIONEER DRAMA SERVICE Licenses,Permits,Taxes,Fees Theatre Initiative 700 US-new assisted listening devi PAYPAL INC Operating Supplies Accessibility 10 US-scripts for childrens theat PIONEER DRAMA SERVICE Operating Supplies Theatre Initiative Amount Explanation Vendor Account Description Business Unit 5 US-Signal Tech office supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Traffic Signals 5 US-Signal Tech office supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Traffic Signals 84 US-Signal Tech office supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Traffic Signals 14 US-reserve Calendar CALENDAR WIZ Operating Supplies Reserves 5 US-steps at Smetana MENARDS Operating Supplies Park Maintenance 27 US-spray paint/tape for playgr MENARDS Repair&Maint.Supplies Park Maintenance 20 US-rice marsh playground MENARDS Repair&Maint.Supplies Red Rock Park 41 US-supplies WAYTEK INC Operating Supplies Park Maintenance 55 US-critter food PETCO Operating Supplies Outdoor Center 17 US-critter food PETCO Operating Supplies Outdoor Center 8 US-book for staff AMAZON.COM Operating Supplies Outdoor Center 31 US-critter food PETCO Operating Supplies Outdoor Center 2,430 US-#721 LED Lights PAYPAL INC Building Repair&Maint. Utility Operations-General 1,394 US-LED Lights PAYPAL INC Building Repair&Maint. Utility Operations-General 243 US-#721 LED Lights PAYPAL INC Equipment Repair&Maint Utility Operations-General 60 US-US Conf of Mayors SF SQ SF TOWN TAXI Travel Expense City Council 110 US-US Conf of Mayors SF MSP AIRPORT PARKING Mileage&Parking City Council 696 US-US Conf of Mayors SF HILTON HOTELS Travel Expense City Council -3 US-urbina CC EDINA LIQUOR STORE Deposits Escrow -3 US-urbina CC EDINA LIQUOR STORE Deposits Escrow -2 US-urbina CC EDINA LIQUOR STORE Deposits Escrow -3 US-urbina CC EDINA LIQUOR STORE Deposits Escrow -3 US-urbina CC EDINA LIQUOR STORE Deposits Escrow -3 US-urbina CC EDINA LIQUOR STORE Deposits Escrow -3 US-urbina CC EDINA LIQUOR STORE Deposits Escrow 3 US-urbina CC EDINA LIQUOR STORE Deposits Escrow 3 US-urbina CC EDINA LIQUOR STORE Deposits Escrow 2 US-urbina CC EDINA LIQUOR STORE Deposits Escrow 3 US-urbina CC EDINA LIQUOR STORE Deposits Escrow 3 US-urbina CC EDINA LIQUOR STORE Deposits Escrow 3 US-urbina CC EDINA LIQUOR STORE Deposits Escrow 3 US-urbina CC EDINA LIQUOR STORE Deposits Escrow 5 US-screws to fix stool/chair HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Prairie Village Liquor Store 1,219 US-dispatch console monitors CDW GOVERNMENT INC. Equipment Repair&Maint E-911 Program 8 US-mileage overages NIMBLE SCHEDULE Other Contracted Services Community Center Admin 250 US-monthly license fee LES MILLS UNITED STATES TRADIN Licenses,Permits,Taxes,Fees Fitness Classes 8 US-mileage overages NIMBLE SCHEDULE Other Contracted Services Community Center Admin 15 US-mileage overages NIMBLE SCHEDULE Other Contracted Services Community Center Admin 36 US-Memb Conversion supplies AMAZON.COM Operating Supplies Community Center Admin 8 US-mileage overages NIMBLE SCHEDULE Other Contracted Services Community Center Admin 133 US-pen,tape,stapler,etc TARGET Operating Supplies Community Center Admin 375 US-mileage overages NIMBLE SCHEDULE Other Contracted Services Community Center Admin 15 US-mileage overages NIMBLE SCHEDULE Other Contracted Services Community Center Admin 33 US-Wahlund,Tape/Labels OFFICE DEPOT CREDIT PLAN Operating Supplies Den Road Liquor Store 27 US jump drive for video OFFICE DEPOT CREDIT PLAN Office Supplies Police 16 US-chalk,plates,door stops WALMART COMMUNITY Operating Supplies Playgrounds 12 US-Jr Team Membership USTA Dues&Subscriptions Tennis 16 US-Paper Airplanes Kit TARGET.COM Operating Supplies Teen Programs 48 US-Jr Team Membership USTA Dues&Subscriptions Tennis 20 US-Albert Liu Membership USTA Dues&Subscriptions Tennis 14 US-Origami Craft Kit TARGET.COM Operating Supplies Teen Programs 160 US-Emerson(printer?),Gift Ca TARGET Operating Supplies Youth Programs Admin Amount Explanation Vendor Account Description Business Unit 69 US-Activity Supplies WALMART COMMUNITY Operating Supplies Playgrounds 48 US-Jr Team Membership USTA Dues&Subscriptions Tennis 84 US-Jr Team Membership USTA Dues&Subscriptions Tennis 20 US-D.Sidky Membership USTA Dues&Subscriptions Tennis 20 US-R.Niu Membership USTA Dues&Subscriptions Tennis 20 US-Van Slooten Membership USTA Dues&Subscriptions Tennis 20 US-M.Nash Membership USTA Dues&Subscriptions Tennis 29 US-straws,foam,shave cream. DOLLAR TREE STORES,INC. Operating Supplies Playgrounds 178 US-special events GIVEDIRECT.ORG Special Event Fees Teen Programs 66 US-Cotton Balls,streamers,to WALMART COMMUNITY Operating Supplies Playgrounds 20 US-Liu Membership USTA Dues&Subscriptions Tennis 20 US-Yoo Membership USTA Dues&Subscriptions Tennis 388 US-Tour De Metro Twins Outing TWINS BALLPARK Special Event Fees New Adaptive 20 US-Regulagedda USTA Dues&Subscriptions Tennis 20 US-Matthews USTA Dues&Subscriptions Tennis 20 US-Hoffman USTA Dues&Subscriptions Tennis 20 US-Paster USTA Dues&Subscriptions Tennis 20 US-Peng USTA Dues&Subscriptions Tennis 20 US-Yin USTA Dues&Subscriptions Tennis 20 US-Jiang USTA Dues&Subscriptions Tennis 20 US-Peterson USTA Dues&Subscriptions Tennis 20 US-Lizak USTA Dues&Subscriptions Tennis 20 US-Spears USTA Dues&Subscriptions Tennis 20 US-Kurtenbach USTA Dues&Subscriptions Tennis 20 US-Winker USTA Dues&Subscriptions Tennis 20 US-Shetty USTA Dues&Subscriptions Tennis 20 US-Madhok USTA Dues&Subscriptions Tennis 20 US-Lesko USTA Dues&Subscriptions Tennis 20 US-Leiter USTA Dues&Subscriptions Tennis 20 US-Leiter USTA Dues&Subscriptions Tennis 20 US-Qin USTA Dues&Subscriptions Tennis 75 US-Coolers TARGET Operating Supplies Safety Camp 34 US-LIT Food Day BYERLYS Operating Supplies Teen Programs 30 US-LIT Food WALMART COMMUNITY Operating Supplies Teen Programs 61 US-Activity Supplies WALMART COMMUNITY Operating Supplies Playgrounds 144 US-Jr Team Membership USTA Dues&Subscriptions Tennis 120 US-Jr Team Membership USTA Dues&Subscriptions Tennis 24 US-Jr Team Membership USTA Dues&Subscriptions Tennis 12 US-Jr Team Membership USTA Dues&Subscriptions Tennis 24 US-Jr Team Membership USTA Dues&Subscriptions Tennis 12 US-Jr Team Membership USTA Dues&Subscriptions Tennis 65 US-Dry Erase x 4 TARGET Operating Supplies Playgrounds 20 US-Chen Membership USTA Dues&Subscriptions Tennis 20 US-Matthews Membership USTA Dues&Subscriptions Tennis 20 US-Spears Membership USTA Dues&Subscriptions Tennis 20 US-Lesko Membership USTA Dues&Subscriptions Tennis 81 US-4 Basketballs,batteries TARGET Operating Supplies Youth Programs Admin 44 US-Coolers HOME DEPOT CREDIT SERVICES Operating Supplies Safety Camp 68 US-Streamers,Batteries,etc WALMART COMMUNITY Operating Supplies Playgrounds 40 US-cottom balls,forks,balloo DOLLAR TREE STORES,INC. Operating Supplies Playgrounds 285 US-Gift Cards,Notebooks,Pens TARGET Operating Supplies Safety Camp 16 US-M189 Professional Dynam SEARS EDEN PRAIRIE Operating Supplies Youth Programs Admin Amount Explanation Vendor Account Description Business Unit 661 US-Camp Supplies S&S WORLDWIDE Operating Supplies Youth Programs Admin 693 US-WhirlyBall Rent Pmts WHIRLY BALL Special Event Fees Teen Programs 450 US-Team 1,2,3 USTA-NORTHERN SECTION Dues&Subscriptions Tennis 108 US-Jr Team Membership USTA Dues&Subscriptions Tennis 6 US-LIT Food KOWALSKI'S MARKET Operating Supplies Teen Programs 45 US-Magnet Strip FRATTALLONE'S/MINNETONKA ACE Operating Supplies Playgrounds 15 US-membership USTA-NORTHERN SECTION Dues&Subscriptions Tennis 10 US-Pop for July 4th HOLIDAY STATION STORES INC Operating Supplies July 4th Celebration 107 US-Hometown Final Mtg GINA MARIAS INC Operating Supplies July 4th Celebration 4 US-Water for July 4th HOLIDAY STATION STORES INC Operating Supplies July 4th Celebration 22 US-LIT Food WALMART COMMUNITY Operating Supplies Teen Programs 32 US-Plates,Bowls,Filters,etc WALMART COMMUNITY Operating Supplies Playgrounds 11 US-Soil,Seeds MENARDS Operating Supplies Playgrounds 21 US-Special Needs Participant S AUTISM SHOP Operating Supplies Accessibility 167 US-Special Needs Participant S WALMART COMMUNITY Operating Supplies Accessibility 34 US-Special Needs Participant S WALMART COMMUNITY Operating Supplies Accessibility 28 US-Adaptive Teen Camp Supplies DOLLAR TREE STORES,INC. Operating Supplies New Adaptive 41 US-Adaptive Teen Camp Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies New Adaptive 73 US-Adaptive Teen Camp Supplies WALMART COMMUNITY Operating Supplies New Adaptive 4 US-PGC Special Needs Participa DOLLAR TREE STORES,INC. Operating Supplies Accessibility 50 US-Adaptive Camp MOA outing MALL OF AMERICA Special Event Fees New Adaptive 224 US-Adaptive Camp Tour De Metro LADY OF THE LAKE,INC Special Event Fees New Adaptive 31 US-Adaptive Camp MOA outing BRUNSWICK BOWLING LANES Special Event Fees New Adaptive 52 US-Hometown Celebration Suppli WALMART COMMUNITY Operating Supplies July 4th Celebration 60 US-Special Event Supplies for MENARDS Operating Supplies Special Events Admin 47 US-Hometown Celebration Beach DOLLAR TREE STORES,INC. Operating Supplies July 4th Celebration 42 US-RecTrac Transaction Fees PLUG N PAY Bank and Service Charges Community Center Admin 35 US-RecTrac Transaction Fees PLUG N PAY Bank and Service Charges Community Center Admin 20 US-Hometown Celebration Suppli HIGHWAY 5 BP Operating Supplies July 4th Celebration 120 US-Special Event Supplies for MENARDS Operating Supplies Special Events Admin 20 US-Hometown Celebration Suppli JERRY'S FOODS Operating Supplies July 4th Celebration 34 US-trng supplies-active shoote WALGREEN'S#5080 EMS Supplies Fire 250 US-Fietek Fire Arson exam MINNESOTA FIRE SERVICE CERTIFI Tuition Reimbursement/School Police 135 US-Ficcadenti hotel BLACK BEAR LODGE AND SALOON Tuition Reimbursement/School Police 135 US-Mittelstadt hotel BLACK BEAR LODGE AND SALOON Tuition Reimbursement/School Police 68 US-Eichman hotel BLACK BEAR LODGE AND SALOON Tuition Reimbursement/School Police 68 US-T.Brown hotel BLACK BEAR LODGE AND SALOON Tuition Reimbursement/School Police 25 US-Itinerant-Low HENNEPIN COUNTY TREASURER Operating Supplies Wine Club/Events 1,553 US-2,000 Bottle/Can Openers 4IMPRINT Operating Supplies Wine Club/Events 972 US-Reg.Active Shooter Trng ERBERT&GERBERT'S Training Supplies Police 81 US-K9 Equipment AMAZON.COM Canine Supplies Police 92 US-gloves EMEDCO Clothing&Uniforms Utility Operations-General 38 US-coated gloves EMEDCO Clothing&Uniforms Utility Operations-General 51,073 Report Total CITY COUNCIL AGENDA DATE: August 18, 2015 SECTION: Report of the Community Development Director DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.C.1. Community City Council Request to Substitute Development/Planning Elevation Exhibits for Crossroads Janet Jeremiah/Julie Klima Center Synopsis Staff is seeking direction from the Council as to its preferred design for the elevations of Crossroads Center façade improvements. The applicant is proposing a revision to the elevations that were approved through the public review process. Should the Council, determine to move forward with the revised elevations, staff will update the approved plans to reflect the change. Background On July 14, 2015, the City Council approved the Development Agreement for the façade remodel and landscaping improvements associated with Crossroads Center. The Development Agreement included the plans that were reviewed and approved by Council. The applicant is planning the façade improvements as a result of hail damage to building occurring in 2013. Following City approval of the project, the property owner put the project out to bid and received bids in excess of original cost estimates. The property owner has inquired to staff the possibility of modifying the building improvements to eliminate the raised parapets that were included with the plans reviewed and approved by the City. Please see below for renderings depicting the approved plans and the proposed revisions. Through the review process, staff worked with the applicant to maximize the aesthetic improvements to the site. Providing articulation and interest in the roofline was one of the additional elements presented to meet this objective. City Council, Planning Commission and staff have been taking part in ongoing discussions related to design standards, including building materials and architectural elements. Through these discussions, the Council has communicated a desire to have the opportunity to review and provide input on building façade remodels. Additionally, staff is currently discussing the concept of providing draft language for Council consideration that would allow for an abbreviated process by which PUD amendments and site plan reviews that are minor in nature could be reviewed directly by the City Council. This case is similar to what staff would anticipate bringing forward directly to Council for its review and input. Approved Elevations 4-- a h � 10. L — -- — • T Proposed Revised Elevation t 1 ski • —