Loading...
HomeMy WebLinkAboutCity Council - 10/20/2015 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 20, 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 H (5:30-6:45) I. SOUTHWEST LRT—STATION DESIGN AND LOCALLY REQUESTED CAPITAL IMPROVEMENTS (5:30-6:30) II. DEDICATION OF NEW FIRE TRUCK (5:30-6:45) Open Podium - Council Chamber (6:45-7.00) II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 20, 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. LEGACY AWARD FROM CONSERVATION MINNESOTA V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 6, 2015 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 6, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE PURCHASE OF NEXT GENERATION MOBILE AND PORTABLE RADIOS FROM MOTOROLA SOLUTIONS INC. C. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR ROUND LAKE PARK PHASE II DESIGN SERVICES D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB & ASSOCIATES FOR THE MINNESOTA RIVER VISTA PROJECT E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB & ASSOCIATES FOR STARING LAKE PLAYGROUND IMPROVEMENTS F. APPROVE AMENDMENT NO. 1 TO MNDOT CONTRACT 01730W04 FOR PAINTING FASCIA BEAMS ON MNDOT BRIDGES OVER TH 212 CITY COUNCIL AGENDA October 20, 2015 Page 2 IX. PUBLIC HEARINGS/MEETINGS A. MILLER REZONING by David and Karen Miller. Request for Zoning District Change from Rural to R1-13.5 on 1.32 acres; First and Second reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 1.32 acres. Location: 7555 192nd Ave W. (Ordinance for Zoning District Change) B. RESOLUTION APPROVING 2015 SPECIAL ASSESSMENTS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 5 AND SECTION 2.33 RELATING TO MASSAGE LICENSING B. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 8 RELATING TO PARKING AND CAMPING C. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 4 MICRODISTILLERY COCKTAIL ROOM ON-SALE & MICRODISTILLERY OFF-SALE LICENSING D. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 5 RELATING TO FOOD TRUCKS 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 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: October 20, 2015 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, October 20, 2015 TUESDAY, OCTOBER 20, 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. LEGACY AWARD FROM CONSERVATION MINNESOTA John Anderson, Community Coordinator for Conservation Minnesota, will be on hand to present the award. 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, OCTOBER 6, 2015 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 6, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-F on the Consent Calendar. A. CLERK'S LICENSE LIST ANNOTATED AGENDA October 6, 2015 Page 2 B. APPROVE PURCHASE OF NEXT GENERATION MOBILE AND PORTABLE RADIOS FROM MOTOROLA SOLUTIONS INC. C. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR ROUND LAKE PARK PHASE II DESIGN SERVICES D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB & ASSOCIATES FOR THE MINNESOTA RIVER VISTA PROJECT E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB & ASSOCIATES FOR STARING LAKE PLAYGROUND IMPROVEMENTS F. APPROVE AMENDMENT NO. 1 TO MNDOT CONTRACT 01730W04 FOR PAINTING FASCIA BEAMS ON MNDOT BRIDGES OVER TH 212 IX. PUBLIC HEARINGS/MEETINGS A. MILLER REZONING by David and Karen Miller. Request for Zoning District Change from Rural to R1-13.5 on 1.32 acres; First and Second reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 1.32 acres. Location: 7555 192nd Ave W. (Ordinance for Zoning District Change) Official notice of this public hearing was published in the October 8, 2015, Eden Prairie News and sent to 62 property owners. Synopsis: The subject property is located at 7555 192nd Street and is 1.32 acres in size. The minimum lot size required in the Rural zoning district is 10 acres. Therefore, the property is non-conforming in terms of lot size. The property is an unplatted legal lot of record. There is an existing single family home on the property,built in 1950. The applicant is proposing to tear down the existing home and re-build a new home further to the east. The applicant is seeking a rezoning to remedy the non-conforming status of the parcel. The proposed house location complies with the setback requirements of the R1-13.5 zoning district. The Comprehensive Guide Plan designates the property as low density residential, and the rezoning request is in conformance with the Guide Plan. The property owner is not subdividing the property at this time. However, the property owner has indicated that their intent is to locate the new home on the property so as to not preclude future opportunity for subdivision of the property. To illustrate possible future subdivision, the applicant has submitted a drawing showing approximately where a new property line and house may be located (drawing attached). The proposed house location complies with the setbacks requirements if the property were to be platted in the future. Any future subdivision would require review and approval by the City. This review would include, but not be limited to density, access, and lot conformance. ANNOTATED AGENDA October 6, 2015 Page 3 The 120-Day Review Period Expires on January 7, 2016. The Planning Commission voted 5-0 to recommend approval of the project at the September 28, 2015 meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st and 2nd Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 1.32 acres. B. RESOLUTION APPROVING 2015 SPECIAL ASSESSMENTS Official notice of this public hearing was published in the October 1, 2015, Eden Prairie News and sent to 237 property owners. Synopsis: Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments and contracted removal assessments. Staff recommends Council approve the list of assessments. City Council established the amount to be assessed for this fall's assessment hearing at its regular meeting on September 15, 2015. See Exhibit A for the list of Supplementals that the Council will be asked to approve for levying Special Assessments for collection with property taxes. The total amount proposed to be assessed in 2015 is $6,434,082.47. MOTION: Move to: • Close the public hearing; and • Adopt the resolution approving all Special Assessments presented L in the fall of 2015. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 5 AND SECTION 2.33 RELATING TO MASSAGE LICENSING Synopsis: The attached ordinance updates the existing language in the Code relating to massage licensing, revising the procedures and updating the regulations to address concerns from the Police Department relating to enforcement. The Code currently provides for the licensing of massage therapists and massage enterprises. This ordinance updates accreditation requirements, clarifies and updates prohibited ANNOTATED AGENDA October 6, 2015 Page 4 activities, provides additional requirements to qualify for licensing, and provides additional exemptions from the license requirement. In addition, the ordinance revises the procedures for issuance, renewal and suspension/revocation. The ordinance provides that initial applications are reviewed by the Police Department and then approved or denied by the Council. Renewal applications are reviewed by the Police Department and then approved or denied by the Chief of Police. The Chief of Police's decision may be appealed which involves a hearing before an impartial hearing officer and a final decision by the City Manager. Suspension/revocation is initially determined by the Chief of Police. As with renewals, the Chief of Police's decision may be appealed which involves a hearing before an impartial hearing officer and a final decision by the City Manager. The ordinance also amends City Code Section 2.33 to provide authority for background checks for applicants for massage licenses. MOTION: Move to approve the first reading of an ordinance amending City Code Chapter 5 and Section 2.33 relating to massage licensing. B. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 8 RELATING TO PARKING AND CAMPING Synopsis: Existing City Code Section 8.04 prohibits parking of recreational vehicles for more than 24 hours within the City except at a designated campsite. Section 8.04 references a specific state statute that defines recreational vehicles. The state statute that contained this definition has been repealed. The City Attorney recommended amendment of the section. This ordinance removes the reference to the repealed definition and further revises the language to clarify the prohibition against camping, living or sleeping in any parked vehicle within the City except at designated campsites. This prohibition is similar to prohibitions in many neighboring cities. MOTION: Move to approve first reading of an ordinance amending City Code Chapter 8 relating to parking and camping. C. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 4 MICRODISTILLERY COCKTAIL ROOM ON-SALE & MICRODISTILLERY OFF-SALE LICENSING Synopsis: State law authorizes a microdistillery licensed by the state to provide sample of distilled spirits manufactured on its premises in an amount not to exceed 15 milliliters per variety per person. No more than 45 milliliters may be sample by any person on any day. A microdistillery may sell cocktails to the public if issued a license by the municipality in which it is located. Municipalities, including a city such as Eden Prairie with a municipal liquor store, are authorized by state law to issue the holder of a microdistillery licensed under state law a microdistillery ANNOTATED AGENDA October 6, 2015 Page 5 cocktail room license. A microdistillery cocktail room license authorizes on-sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller. The holder of a microdistillery cocktail room license may also hold a license to operate a restaurant at the distillery. A distiller may only have one cocktail room license. No single entity may hold both a cocktail room and taproom license, and a cocktail room and taproom may not be co-located. State law further authorizes a microdistillery to be licensed by the local licensing authority for the off-sale of distilled spirits. The license may allow the sale of one 375 milliliter bottle per customer per day of product manufactured on-site. The off- sale hours of the sale must conform to hours of sale for retail off-sale licensees in the licensing municipality. No brand may be sold at the microdistillery unless it is also available for distributor by wholesalers. MOTION: Move to approve first reading of an ordinance amending City Code Chapter 4 relating to Microdistillery Cocktail Room on-sale and Microdistillery off-sale licensing. D. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 5 RELATING TO FOOD TRUCKS Synopsis: The ordinance regulates food stands including nonmotorized food carts, mobile food units (food trucks) and seasonal stands. The purpose of the ordinance is to promote safety through regulation and to protect fair competition through limits on permitted operations. As many other cities have done, the ordinance prohibits food trucks from operating for more than 21 days annually in the City unless affiliated with a local licensed food related business. The ordinance (1) requires that all food stands obtain appropriate State licensing; (2) limits the operation of food stands to the office, industrial and rural zoning districts, except it allows operation in residential zones in conjunction with a special event such as a graduation party; (3) limits the hours of operation to between 6 am and midnight, unless in conjunction with a special event in a residential zone where operation is limited to between 7 am and 10 pm; (4) allows operation on private property with the written permission of the owner; (5)prohibits operation on public streets; (6) allows operation within City park property only with the written permission of the Parks and Recreation Director; (7)regulates the size, storage and signage related to food stands; (8)regulates matters such as fire extinguishers, power supplies and propane gas for safety and compliance with applicable law; and (9)requires that all food stands maintain insurance. MOTION: Move to approve first reading of an ordinance amending City Code Chapter 5 relating to food trucks. ANNOTATED AGENDA October 6, 2015 Page 6 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 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. ITEM NO.: VLA. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 6, 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 Council Member Nelson was absent. I. ENTERPRISE FUNDS Liquor Operations Liquor Operations Manager Jaime Urbina and Finance Manager Sue Kotchevar presented information on Liquor Operations. Urbina said the goals of liquor operations are to: • Control liquor sold in Eden Prairie • Maximize profit to support the City's Capital Improvement Program • Provide exceptional service, selection and convenience • Engage in the community Urbina characterized 2015 as the year of customer service for liquor operations. A formal customer service training program has been implemented for all staff, and staff is working with Baker to update store signage to provide better information for both customers and employees. Staff is also working to create loyalty among the customer base through coupons, additional savings for wine club members and weekly electronic communication with customers on new products, specials and events. Kotchevar said liquor sales have decreased approximately 10 percent compared to last year mainly due to intense competition in the marketplace from stores that can provide deep discounts based on the large volume sales. Getschow noted that some communities with municipal liquor operations transfer profits into the general fund, whereas Eden Prairie's profits go toward the CIP fund. He said he has heard of one city that is considering getting out of the liquor business due to the intense competition. City Council Workshop Minutes October 6, 2105 Page 2 Council Member Aho asked if Eden Prairie is considering getting out of the liquor business and simply selling liquor licenses as a source of revenue. Getschow said liquor licenses typically costs between $1,000 and $2,000 per year. The City would not be able to come close to generating the amount of profit it currently sees from its stores. Sales increases of 2.5% and 3% for 2016/2017 respectively are budgeted, from the adjusted 2015 budget. Expense increases of 2.2% and 3.1% from 2016/2017 respectively are budgeted, from the adjusted 2015 budget. Miscellaneous Liquor-Related Matters Getschow said everyone is familiar with the recent popularity of taprooms, and now there is a similar model where spirits are distilled on site, and patrons can order cocktails made with the distilled spirits and purchase small quantities to take home. Getschow said two Eden Prairie residents are interested in opening a microdistillery in Eden Prairie, but it would require an ordinance revision. He asked for Council input on the concept. Case asked about possible downsides. Getschow said microdistilleries are allowed to sell off-sale alcohol. This could be viewed as competition with our municipal liquor stores; however, the amounts sold by the microdistillery are small and their products would also be available in our stores. Tyra-Lukens said she is fine with the microdistillery concept. She said the area seems to be getting saturated with tap rooms, and a microdistillery would be unique. Getschow said AMC Theaters is seeking permission to sell liquor in its Eden Prairie Center theaters, which would require and ordinance revision. He said AMC currently serves liquor at some of its Mall of America theaters, which are specifically designated as over-21 only. AMC is proposing to serve liquor that could be consumed in any of the theaters. Getschow said the Police view serving alcohol in the theaters as similar to serving liquor in restaurants. Butcher Wickstrom asked if liquor is allowed in theaters in other places around the country. Getschow said it is allowed in some areas. Aho said he would be more comfortable allowing alcohol in over-21 theatres rather than in all of the theaters. Case said he too believes that control and regulation of alcohol is important. He is not opposed to the idea,but thinks the City should let AMC know we are concerned about potential abuse. Utilities (Water, Sewer, Storm Drainage) Public Works Director Robert Ellis provided an update on the three areas that comprise utilities —water, sewer and storm drainage. Ellis said the overall goals of the Utilities Division are to provide a safe and reliable supply of water to its customers; protect the pubic's health by providing safe collection and removal of wastewater; and to provide a storm drainage and natural waterway system that protects property,people and the environment. The financial goals are to ensure adequate funds are available to provide for the operating and capital needs of the three systems and to prepare a ten-year revenue adequacy evaluation City Council Workshop Minutes October 6, 2105 Page 3 model for each of the three utilities. The City's reserve policy for the utility funds states that each fund will maintain: • An amount equal to 90 days of operating expenses • An amount equal to the following year's debt service principal and interest • A capital reserve of two years' capital expenses, except for the storm drainage fund, which will maintain one years' capital expenses Water Utility Ellis said that water use over the past 10 years has been variable, due mainly to weather fluctuations;however up to 10 percent of recent reductions in water use can be attributed to conservation. As of December 31, 2014, the water utility fund met operating and capital needs. While there is a significant amount in reserve, it did not meet the policy goal. Ellis said 2014 and 2015 revenue was lower than expected due to the weather cycle, and the 10-year CIP has flexibility built into it to adjust for these types of revenue dips. Ellis said water utility assets are considered to be in a state of expansion, with only minor repairs. Ellis said that cash flow in this fund is in the black and it is attempting to keep up with depreciation. Operating revenues are budgeted to increase 4.1% in 2016 and 3.8% in 2017. Operating expenses are budgeted to increase .3% in 2016 and 2.7% in 2017. Case asked if the City should be doing more to promote conservation. Ellis said that progress has been made. Consumption is down from 110 gallons per day to about 75 gallons per day. Part of the decrease is due to weather cycles,but some is the result of conservation. Sewer Fund As of the end of 2014 the sewer fund met operating and capital needs as well as reserve policies. Rate increases of 3% are planned for 2016 and 2017. Sewer utility assets are considered to be in a state of preservation with minor repairs. Operating expenses are budgeted to increase 9.6% in 2016 and 2.9% in 2017. The Met Council Environmental Service charge is increasing 9.3% or$318,631 in 2016. Staff will monitor these Met Council charges closely to see if city rates need to be adjusted in the future to cover their increases. City I&I efforts appear to be working as overall wastewater flows are down over the past two wet seasons Storm Utility The storm utility fund had a negative balance of$881,791 at the end of 2014. The negative balance was due in large part to the flooding experienced during the spring and summer of 2014. The fund received a$1,571,709 loan from the CIP fund, which is being repaid, and there is a plan in place to rebuild reserves. Revenues are budgeted to increase 12% in 2016 and 2017. Operating expenses are budgeted to decrease 18.8% in 2016 and increase 32.4% in 2017. Ellis said expenses vary significantly based on timing and cost of various projects. City Council Workshop Minutes October 6, 2105 Page 4 Storm drainage assets are considered to be in a state of capital replacement and repair. The 2016 budget includes one new FTE stormwater operator. This position will be responsible for performing repair projects that are currently outsourced. Staff has found that outsourcing these types of repairs is costly and slow. Ellis noted that Eden Prairie has a combined utility rate that is in the lower third of the list of communities included in the AE2S North Central Rate Study. Open Podium II. OPEN PODIUM A. Sara Freeland and Sarah Kallal—Backyard Chickens Freeland and Kallal addressed the Council as follow-up to the April 21 Open Podium, at which they asked the Council to amend City Code to allow backyard chickens in residential areas. They addressed concerns raised by the City Council at the Open Podium and at the September 1 Council Workshop. Freeland and Kallal suggested solutions to a number of concerns including building standards, odors, predators, containment, setbacks, slaughtering and inspections. They asked that the information they have provided be used to craft a draft ordinance. They said backyard chickens are just one component of the green movement, and they are a tangible way to connect kids back to the earth. Case said he feels it is time to have staff draft a sample ordinance for the City Council to consider. He said other cities do not appear to be having problems with backyard chickens. He suggested doing a trial ordinance. Tyra-Lukens said a trial ordinance would not be practical. Aho said he is still in favor of waiting and including a question about backyard chickens on the next community survey, which will be conducted in about a year. Case said the City could pass an ordinance and tweak it over time if necessary. Tyra-Lukens said she still does not feel she has enough information about the experiences of other cities. She asked staff to collect information to present to the Council. Getschow said staff will survey other cities and provide a report to the Council. He said it will also be important to get input from Council Member Nelson, who was not able to attend tonight's meeting. III. ADJOURNMENT ITEM NO.: VLB. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 6, 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. Council Member Nelson was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. ACCEPT DONATION OF LITTLE FREE LIBRARY FOR THE OUTDOOR CENTER(Resolution No. 2015-92) Lotthammer said Girl Scout Chloe Russo has donated a Little Free Library to be placed at Staring Lake Outdoor Center. He said the library will contain nature- themed children's books. Chloe Russo explained how to build the library. Tyra-Lukens asked how many Little Free Libraries we have in the City now. Lotthammer replied this makes five that have been donated to the City. MOTION: Case moved, seconded by Aho, to adopt Resolution No. 2015-92 accepting the donation of a Little Free Library from Girl Scout Chloe Russo. Motion carried 4-0. B. ACCEPT DONATION FROM THE EDEN PRAIRIE HIGH SCHOOL BOYS AND GIRLS SWIM TEAMS (Resolution No. 2015-93) Lotthammer said this $500 donation is part of the fund raising efforts that have taken place for the Aquatics Center and will be used to purchase a the on the CITY COUNCIL MINUTES October 6, 2015 Page 2 mural at the Aquatics Center. The donation will be counted towards the amount pledged by Team Foxjets towards the aquatics expansion. The donation was raised by the High School Swim Teams. He noted the girls team have had five swim meets at the new facility. MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2015-93 accepting the donation of$500 from the Eden Prairie High School Girls and Boys Swim Teams towards the aquatics expansion project. Motion carried 4-0. C. COMMISSIONER JAN CALLISON Hennepin County Commissioner Jan Callison gave an update on the current status of Hennepin County. She noted there is a proposed 4.5% increase in next year's budget primarily because of the 4 1% increase in demand for social services in the County over the past several years. She thanked Council Members for their support of Southwest Light Rail Transit. She noted the next round of Youth Sports grant applications will be due November 2. Tyra-Lukens asked about the status of the Youth Sports Scholarship fund that came about from the Twins stadium. Ms Callison said the original agreement was for 30 years but because of early repayment of bonds it will be closer to 20 years. They are able to use for funds for the Youth Sports Scholarships and for libraries. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher Wickstrom moved, seconded by Case, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 15, 2015 MOTION: Case moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, September 15, 2015, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 15, 2015 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, September 15, 2015, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL MINUTES October 6, 2015 Page 3 B. TOWNPLACE SUITES by Alliant Engineering. Second Reading of Ordinance 12-2015-PUD-6-2015 for Planned Unit Development District Review with waivers on 1.87 acres and Zoning District Amendment within the Commercial— Regional—Services District on 1.87 acres; Site Plan Review on 1.87 acres. Location: 11588 Leona Road. (Ordinance No. 12-2015-PUD-6-2015 for PUD District Review with waivers and Zoning District Amendment; Resolution 2015-94 for Site Plan Review) C. ADOPT RESOLUTION NO. 2015-95 REQUESTING CONCURRENT DETACHMENT BY MINNETONKA AND ANNEXATION BY EDEN PRAIRIE OF PID 36-117-22-33-0015 (NORTH OF 11190 62— ST. W.) D. ADOPT RESOLUTION NO. 2015-96 APPROVING COMMUNICATION FACILITIES LICENSE AGREEMENT WITH VERIZON FOR 8080 MITCHELL ROAD E. APPROVE TILIA RIDGE BUFFER MAINTENANCE AGREEMENT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT F. APPROVE CEDARCREST DRIVE BUFFER MAINTENANCE AGREEMENT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT G. APPROVE PURDY ROAD BUFFER MAINTENANCE AGREEMENT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT H. APPROVE RELEASE OF AGREEMENTS REGARDING SPECIAL ASSESSMENTS FOR LOT 1 THROUGH 20, BLOCK 1; LOT 1 THROUGH 8, BLOCK 2, THE VINTAGE I. APPROVE PURCHASE OF A NEW PASSENGER BUS WITH WHEELCHAIR LIFT J. APPROVE STATEMENT OF WORK WITH XCEL ENERGY FOR RELOCATION AND BURIAL OF POWER LINES ALONG SHADY OAK ROAD K. ADOPT RESOLUTION NO. 2015-97 APPROVING PARTICIPATION OF HENNEPIN COUNTY HOUSING AUTHORITY IN EDEN PRAIRIE AFFORDABLE HOUSING PROJECT L. APPROVE APPOINTMENT OF JUDGES FOR THE SPIRIT OF EDEN PRAIRIE AWARDS M. APPROVE COLLATERAL ASSIGNMENT OF TAX INCREMENT FINANCING FOR TIF DISTRICT 17 (THE COLONY) MOTION: Aho moved, seconded by Case, to approve Items A-M on the Consent Calendar. Motion carried 4-0. CITY COUNCIL MINUTES October 6, 2015 Page 4 IX. PUBLIC HEARINGS /MEETINGS A. BURGER KING by Paul Dahl Associates, Inc. Request for Site Plan Review on 1.34 acres. Location: 16345 Terrey Pine Road. (Resolution No. 2015-98 for Site Plan Review) Getschow said the application for site plan review includes a number of improvements including an increase of the exterior brick building material, an update of the color and architectural scheme, and updated signage and landscaping. Paul Dahl, architect, presented an overview of the planned improvements to the site. He said the planned updates will be in alignment with the Burger King branding. Tyra-Lukens asked when improvements were last made to the site. Mr. Dahl replied it was probably in the 1990s, and there have been two additions to the building. Tyra-Lukens asked about the landscaping and the plans for the berm. Mr. Dahl replied Hennepin County is working with the site's owner to eliminate the existing retaining wall by the trail along County Road 4, which will reduce the berm by 6-18 inches. Tyra-Lukens noted in the past we have used berms to create a visual separation between the streets and the buildings and asked if they planned more landscaping to compensate for the reduced size of the berm. Mr. Dahl said there will be new landscaping along the entire berm. Aho asked when construction would start and how long it would take if the project is approved tonight. Mr. Dahl replied it will start as soon as possible, and it will be a three-month project. Aho asked if the store will be open during the construction. Mr. Dahl replied it will remain open,but the drive-through may have to be shut down occasionally. Tyra-Lukens asked about the signage proposed. Jeremiah replied she did not believe it is the same as the current signage,but the signage is not being approved tonight and will have a separate review. Case asked what made the project come before the City Council since both the footprint and the impervious surfaces stay the same and the increased exterior material more than meets our code requirements. Jeremiah replied it was considered a complete rehabilitation of the site because there are major changes to the exterior materials,both the roof and the overall facade. There are also some site changes to landscaping. She noted staff is looking at the possibility of creating a different category that would facilitate the process if no building additions are planned for projects. Case asked if it is ultimately a staff judgment call or if there is case law that applies. Jeremiah replied at this time there are no detailed criteria, and staff would like to put more criteria into the code so it becomes less of a judgment. Rosow said in addition the code requires that no building permits for construction and alteration of a building may occur without a site plan review. A number of the matters Ms Jeremiah's department looks at are identified in the code. Case CITY COUNCIL MINUTES October 6, 2015 Page 5 commented the term "alteration" has some subjectivity. Rosow said that was true. Case noted he trusted the process as it exists,but he just wanted a greater understanding going forward. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing and to adopt Resolution No. 2015-98 for Site Plan review on 1.34 acres. Motion carried 4-0. B. EDEN PRAIRIE RETAIL by EP Equities, LLC. Request For Planned Unit Development concept review on 0.8 acres; Planned Unit Development district review with waivers on 0.8 acres; Zoning District amendment within the Commercial-Regional-Services District on 0.8 acres and Site Plan review on 0.8 acres. (Resolution No. 2015-99 for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Amendment) Getschow said this item is for the construction of a 7,200 square foot building at the former Famous Dave's restaurant site. The proposed structure is a two tenant retail building. The proposal includes the removal of the existing structure and drive through and replacing it with the new structure. The following PUD waivers are proposed: 1. Front yard setback of 30 feet for the building at its closest point and 25 feet for the parking area at its closest point. City Code requires 35 feet. 2. Floor Area Ratio (FAR) of 0.207. City Code requires 0.2. Getschow said the architecture of the building includes varied roof lines and building wall articulations. In addition, the proponent's proposal includes the use of canopies and wall lighting to create additional definition, contrast and interest to the facades of the building. The Planning Commission voted 5-0 to recommend approval of the project at the September 14, 2015 meeting and made a number of suggestions on which the proponent has followed up. Sheldon Berg, DJR Architects,reviewed the project, noting they plan to add some parking, to make storm water improvements, and to supplement the landscaping. There will be bike parking and additional landscaping on the east side of the property. Aho asked if the project is being proposed for tenants who have been lined up. Mr. Berg replied they have two tenants lined up. Aho asked if the building will be used for food businesses. Mr. Berg said it will be non-food. Butcher Wickstrom asked what the hours of operation will be for the retail tenants. Mr. Berg replied they would follow the typical hours of other retailers in the area. Butcher Wickstrom noted at certain times of the day it is incredibly busy in this area, and she was concerned about the use and the hours of operation. Jeremiah said the peaks of use for this project would not be of major concern, and CITY COUNCIL MINUTES October 6, 2015 Page 6 she would not expect the project to add very many trips to the businesses already there. Case asked if a restaurant business that did not change the exterior of the building could be considered a permitted use should the retail services not work out. Jeremiah replied restaurants are permitted in this district,but she understood we are approving this for a retail service use so we look at the parking differently. Case was concerned that if they took over the entire building,parking would be problematic. Jeremiah said her understanding is that would trigger a review. Rosow agreed with her and said the PUD incorporates a development agreement as part of the ordinance itself, so the PUD is very specific as to what is being allowed. Such a situation would require that it come back through the process. Specific paragraphs in the development agreement are crafted for each individual development. Case asked if the new developer would be responsible to deal with the storm water created off the property and if they would be contributing to the storm water fund since they could not deal with it on site. Ellis said in situations where they would be adding impervious surfaces, there are certain triggers depending on how much new run off would be created. There would be infiltration and removal of pollutants on site. The existing property is not being expanded so we do not require additional storm water infrastructure. He noted we have talked about creating a banking system in the Major Center Area to deal with removal of pollutants. Case asked what would happen with a commercial use tenant such as a hair salon came into the building and used large quantities of water. Ellis replied that would most likely be handled as part of the building permit. There were no comments from the audience. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing; to adopt Resolution No. 2015-99 for Planned Unit Development concept review on 0.8 acres; to approve 1 st reading of the ordinance for Planned Unit Development district review with waivers, and Zoning District amendment within the Commercial Regional Service zoning district on 0.8 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho,Butcher Wickstrom, Case, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS CITY COUNCIL MINUTES October 6, 2015 Page 7 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Butcher Wickstrom, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:41 P.M. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILA. Christy Weigel, Clerk's License Application List Police/Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Private Kennel John McDaniels 14332 Charing Cross - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILB. George Esbensen, Chief Approve Purchase of Next Generation Mobile and Fire Department Portable Radios from Motorola Solutions Inc. Requested Action: Move to: Approve the purchase of next generation mobile and portable radios for the City of Eden Prairie from Motorola Solutions Inc. Synopsis: This item is budgeted under the CIP program,periods 2015-2017. The new radio system will replace the current EF Johnson radio system that is at the end of its life cycle. The new radios will be purchased using the Minnesota State contract price. Background Information: In 2014-2015 Fire Department personnel worked collaboratively with Police Department personnel to review next generation radios for the City of Eden Prairie. After reviewing vendor's options, Motorola Solutions Inc. is the recommended manufacturer. The purchase price is $1,267,533. The CIP purchase will be made using the Minnesota State contract purchase agreement. This cost is 43% higher than the EF Johnson State bid price. It has been determined through evaluation that Motorola Solutions will offer the City of Eden Prairie the best radio platform to serve our requirements now and into the future. The evaluation included evaluation by both the Police Department and the Fire Department. The Police Department evaluation rated the radios in the areas of ease of use, weight, ease of user programming, sound clarity, batter life, transmission clarity/understandability, background noise, supplemental equipment performance and a category for other comments. On a scale of 1-10 Motorola received an average rating of 9.4. EF Johnson received an average rating of 5.87. Further both the Police department and Fire department evaluation included consideration that Motorola Solutions is a very stable company and has over 78% market share nationwide in the Public Safety Field and over 75% market share in Public Safety field in the State of Minnesota; the ARMER system is the backbone of a State wide infrastructure and was engineered, built and maintained by Motorola; the standardized equipment will be a benefit for the City with one vendor; the City will have consistent equipment with other jurisdictions and our mutual aid partners; and across all sectors, Motorola is the recognized industry leader. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILC. Matt Bourne, Parks and Professional Services Agreement with HTPO Natural Resources Manager, for Design Phase Services for Round Lake Parks and Recreation Park Phase II Motion Move to: Approve Professional Services Agreement with HTPO for Design Phase Services for Round Lake Park Phase 11 at a cost not to exceed $82,000. Synopsis Staff recommends entering into a professional services agreement with HTPO for development of design and construction documents for Phase II of Round Lake Park. The proposed project is scheduled in the Capital Improvement Program for 2016. Background City staff issued Requests For Proposals (RFP's) to HTPO and WSB for concept, design, construction document preparation,bidding and construction administration. These are two landscape architecture firms that the city has successfully worked with for quite some time. One of the projects in the RFP is Phase 11 of Round Lake Park. This phase addresses the softball fields and parking addition and rehabilitation. HTPO has performed similar work such as Riley Lake Park Softball Field Expansion and staff feels very comfortable recommending them for this project. Recommendation The proposal from HTPO is in line with our estimate and staff recommends approval of this contract. Attachment Standard Agreement for Professional Services HTPO Scope of Service Proposal Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 20th day of October, 2015, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen, Thorp, Pellinen, Olson, Inc., a Minnesota Cooperation (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MINI 55344. 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 Improvements to Round Lake Park Phase II 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 (Concept/Master Plan, Existing Conditions Survey, Design Development, Construction Documents and Bid Administration) 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 October 20, 2015 through the acceptance of bid 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 $82,000.00 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 9 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 Laurie Johnson 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 9 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 9 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 coveraeges 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 9 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 9 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 9 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 Hansen, Thorp, Pellinen, Olson, Inc. By: Its: Standard Agreement for Professional Services 2014.04 Page 8 of 9 EXHIBIT A SCOPE OF SERVICES Standard Agreement for Professional Services 2014.04 Page 9 of 9 "1 1 Engineering Surveying Landscape Architecture � October 12,2015 Mr. Matt Bourne City of Eden Prairie 8080 Mitchell Road Eden Prairie, NIN 553,9 Re: Round Lake Fields Conversion Eden Prairie, MN Dear Matt, HTPO is pleased to provide this fee proposal for civil engineering, landscape architecture,and surveving services for reconfiguration of the drop-off area, parking,ballfields,and sport court for Round Lake Park. Fee Scope of Service S 3,500 Concept/Master Flan. Includes reviewing the 2011 master plan and updating as needed. Assumes that the 2011 master plan will be available in electronic format. 512,000 Existing Conditions Survey. Existing conditions survey will be a compilation of field verification utility locates,and available record drawings. Includes topographic survey of the area to be disturbed and utility locates through Gopher State One Call. $ 18,000 Design Development. Preliminary design and preparation of plans including site plan,grading and erosion control, stormwater management,utilities, landscaping,and preliminary cast estimate. $45,000 Construction Documents. Final design, 7510 Market Place Drive preparation of plans and specifications Eden Prairie. MN 55344 including demolition,site plan/pavement 952-829-0700 plan,grading and erosion control, 952-829-7806 fax Stormwater Pollution Prevention Plan www.htpo_com (SWPPP),storm sewer modifications, concept irrigation and lighting plans, landscape plan,details for amenities HANSEN • Bournefjohnson October 12,2015 Page 2 including backstops and shade canopy, engineer's estimate,and MPCA 5tormwater and Watershed District permit applications. Assumes that irrigation and lighting will be design build, and that drain tile and soil amendments will not be required for the fields. $2,000 Sid Administration. Includes plan distribution,answering contractors' questions, review of bids,preparation of bid tabulation, and letter of recommendation. 5 1,500 Reimbursables S82,000 TOTAI. We assume that the geotechnical consultant will be under a separate contract directly with the City. Fees for construction phase services have not been included in the above estimate. Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense,and reimbursable expenses incurred (printing,courier, postage,and other out-of- house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. Thank You for this opportunity to work with you on this project. Sincerely, Hansen Thorp Pellinen Olson, Inc. Laurie A.Johnson, P.E. President CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILD. Matt Bourne, Parks and Professional Services Agreement with WSB Natural Resources Manager, for Design Phase Services for the Minnesota Parks and Recreation River Vista Motion Move to: Approve Professional Services Agreement with WSB & Associates, Inc. for Design Phase Services for the Minnesota River Vista project at a cost not to exceed $27,300. Synopsis Staff recommends entering into a professional services agreement with WSB & Associates for development of design and construction documents for the Minnesota River Vista. The proposed project is scheduled in the Capital Improvement Program for 2016. Background City staff issued Requests For Proposals (RFP's) to HTPO and WSB for concept, design, construction document preparation,bidding and construction administration. These are two landscape architecture firms that the city has successfully worked with for quite some time. One of the projects in the RFP is the Minnesota River Vista. This project addresses the construction of a wayside park on Flying Cloud Drive overlooking the Minnesota River Valley. Recommendation The proposal from WSB & Associates is in line with our estimate and staff recommends approval of this contract. Attachment Standard Agreement for Professional Services WSB & Associates Scope of Service Proposal Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 20th day of October, 2015, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and WSB & Associates, Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416. 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 the Minnesota River Vista 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 (Topographical Survey, Concept Plan, Design Development, Construction Documents and Bid Administration) 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 October 20, 2015 through the acceptance of bid 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 $63,350.00 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 9 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 Jason Amberg 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 9 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 9 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 coveraeges 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 9 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 9 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 9 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 WSB & Associates, Inc. By: Its: Standard Agreement for Professional Services 2014.04 Page 8 of 9 EXHIBIT A SCOPE OF SERVICES Standard Agreement for Professional Services 2014.04 Page 9 of 9 A WSB �Assoc- engineering•planning•environmental•construction 701 Xenia Avenue South Suite 300 Minneapolis,MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 October 13, 2015 Mr. Matt Bourne Manager of Parks &Natural Resources City of Eden Prairie 15150 Technology Drive Eden Prairie, MN 55344 Re: Professional Services Proposal for Phase 1 Background Research and Phase 2 Topographic Survey, Design, and Bidding Services associated with the Minnesota River Vista Overlook Dear Mr. Bourne: On behalf of WSB, I thank you for asking us to submit this proposal for an exciting community project that will serve the citizens both within and outside of Eden Prairie. We understand this project includes two phases. Phase 1 will obtain background research with various associated groups to gain a better understanding of the opportunities that are available in developing the Minnesota River Vista Overlook on Flying Cloud Drive. Phase 2 involves topographic survey, design, and bidding services necessary to develop the Minnesota River Vista Overlook. Based upon earlier prepared concepts,this includes trail connection to existing tunnel crossing,modular retaining wall(s), site paving,metal railing, and interpretive panel(s). The city's established budget for this project is $200,000. WSB has included the following specialty sub-consultant to assist with the historic aspects of this project within our scope and fee for this project. 1. Blondo Consulting BASE SCOPE OF SERVICES Task `A' —Phase 1: 1. Project Focus Meeting: The general purpose of the focus meeting is to confirm key individuals, staff members, etc. who will be involved in the project or have information that will affect the project, and general review and discussion about the issues and concerns related to this project. 2. Background Research: This will focus on background research and conducting focus meetings with various associated groups including Hennepin County, SHPO, USFWS, MAC, and HPC. Meeting with all directly related groups will provide a better understanding of what improvements can be accomplished and what potential restrictions may apply. St.Cloud• Minneapolis•St.Paul Equal Opportunity Employer wsbeng.com K:IPersonallBob SlipkaRoposalslEden PrairielRiver Vista-LTR Prop M_Bourne.docx 3. Concept Plan: Following the focus meetings, refinements to the preferred previously developed concept will be prepared along with associated cost estimate to obtain a more defined scope and budget. 4. Concept Review Meeting: WSB will review the approved concept plan and associated cost estimate with the client and, if necessary, make minor refinements to better respond to most recent needs. Task `B' —Phase 2 Design through Bidding: 1. Topographical survey: WSB will collect field data and prepare base mapping necessary to create construction documents for this proj ect. a. Survey limits will extend to encompass the proposed improvement area established in the previously proposed concept plan. b. Work does not include boundary survey, staking of soil borings, or wetland delineation boundaries. 2. Design Development: Shall include the preparation of written text,plans, photos,product info,and other drawings necessary to describe the design, materials, colors,textures in sufficient detail for the OWNER to grasp the appearance and function of the improvements. a. This includes review and use of appropriate design standards for listed facilities and preparation of design development drawings. The drawings include refined site facility layout,grading, removals plans, site amenities, etc. and details as required. Outline specifications, including general and technical sections,will be prepared. The bid form outline will be prepared and used to estimate construction costs. b. An estimate of the cost to construct these improvements will be refined based on these documents. From this estimate the OWNER shall determine which of the improvements shall be included in the final phase of design, (Construction Documents). C. Cultural Resources: i. Conference call or meeting to "brainstorm"ideas which would be beneficial in planning appropriate and important events. ii. Develop interpretive opportunities utilizing input from stakeholders for incorporation into the current design. 3. Construction Documents: Once the design options are fully explored and selected through the services listed above,WSB will prepare final Construction Documents for the improvements as approved by the OWNER for inclusion in this project. These documents shall include plans, details,and specifications in sufficient detail for the OWNER to pursue competitive bids for the construction of the improvements. Specific scope of work for this task will include: a. Construction Plans including: i. Title Sheet ii. Site Removals Plan iii. Site Layout Plan iv. Site Grading Plan MPersonallBob SlipkaRoposalslEden PrairielRiver Vista-LTR Prop M_Bourne.docx Page 2 • Soil borings (provided by city—if available)will be utilized to ensure there is sufficient good material for hard surfaced areas,topsoil for green common spaces and for structural design aspects. • Onsite soils are assumed to be free of hazardous materials. • Spot elevations for key finished grade elements • ADA grading design of trails, sidewalks, and other site facilities as appropriate for this phase of the project. V. Pavement Designs and Typical Details vi. Retaining walls and fencing details vii. Seating/lookout areas viii. Interpretive areas/panels ix. Miscellaneous Site Construction Details b. Prepare Technical Specifications C. Prepare Final Cost Estimate d. Cultural Resources: i. Assist in development of interpretive signs, relocation of historic plaque and/or stone pieces, and/or reproductions of historic elements. 4. Permits: a. City grading permit preparation and submittal (if required) b. It is assumed that an NPDES Phase II stormwater permit will not be required for this project. C. WSB will confirm that a Watershed district permit will not be required d. It is assumed that no wetland related permits will be required. The project is not located along a Wild and Scenic River Segment either. 5. Bidding Assistance—It is understood that the project will be bid as one single package by prospective bidders.WSB will provide services for bidding assistance associated with the project including the following: a. Advertisement for bids (publication fee(s)will be billed as an expense) b. Coordinate online plan set availability to Contractors C. Collect and respond to questions from Prospective Bidders d. Issue addenda as necessary e. Attend the bid opening f. Prepare tabulation of bids g. Prepare letter of recommendation for contract award 6. Deliverables: a. One complete paper and digital set of plans, specifications and final estimate of probable construction costs at 50%completion, 95% completion, and 100%final completion. b. Addenda during bidding C. Bid tabulation d. Letter of recommendation to award contract MEETINGS TO BE HELD AT THE CLIENT'S OFFICE: 1 -Project Startup/Kickoff Meeting 2 -Owner/Consultant/Focus Group Meetings MPersonaMob SlipkaRoposalslEden PrairielRiver Vista-LTR Prop KBourne.dou Page 3 I -Concept Plan review meeting 1 -Design Development package review meeting (50%) 1 -Construction Document review meeting (95%) 1 -Bid Opening meeting FEES FOR PROFESSIONAL SERVICES Fees for the Phase 1 and Phase 2 services outlined in the proposal above will billed on an hourly basis with a not-to-exceed total of$27,300.00. Below is a breakdown of the various components of this work: Phase 1 WSB facilitation and Concept Plan $4,000.00 Blondo Consulting (subconsultant) $2,500.00 Subtotal Phase 1 $6,500.00 Phase 2 Topographic Survey $1,400.00 WSB design and bidding services $16,400.00 Blondo Consulting (subconsultant) $3,000.00 Subtotal Phase 2 $20,800.00 TOTAL NOT-TO-EXCEED FEE FOR PHASE 1 & PHASE 2 SERVICES $27,300.00 OPTIONAL ADDITIONAL SERVICES: if requested by city(not included in total not-to-exceed fee above) Archeological Survey $3,500.00 Documentation of Wayside Park $4,500.00 Subtotal $8,000.00 For additional services,including any services not specifically outlined in this proposal, fees will be billed on an hourly basis according to WSB's current hourly rate schedule for the time in which the work is performed. REIMBURSABLE EXPENSES The following list includes the anticipated reimbursable expenses that will be billed in addition to consulting fees. • permit fees/application fees • sub-consultant mileage and printing • courier/delivery costs ASSUMED CITY RESPONSIBILITIES FOR THIS PROJECT: 1. Full program coordination with one individual representing the OWNER'S interests. 2. Legal Counsel, advice, and services available to the CONSULTANT during the term of this Agreement on any or all matters related to the PROJECT such as,but not limited to, title opinions, interpretations of agreements, covenants and laws affecting the PROJECT, advice and assistance in processing applications, review and preparation of PROJECT agreement documents,participation in presentations to public agency staff and boards MPersonaMob SlipkaRoposalslEden PrairielRiver Vista-LTR Prop M_Bourne.docx Page 4 and general counsel on the legal implications of all substantive or procedural aspects of the PROJECT itself. 3. Coordinating all meetings with city staff/associations/public involvement in the project. 4. Providing all soils engineering/borings and engineering geotechnical testing,hazardous waste engineering, archeological services and ecological design services required for the project. 5. All fees and expenses involved in federal, state agency or local permitting,plan review, etc. for the project. If you would like us to proceed with the above work,please sign the statement provided at the bottom of this letter and return the executed copy to me at your convenience. Thanks again Matt. Please contact me at 763-231-4841 if you have any questions regarding this proposal. Sincerely, WSB&Associates,Inc. ACCEPTED BY: Jason L. Amberg, RLA Landscape Architecture Group Manager City of Eden Prairie By: Title: Date: MPersonaMob SlipkaRoposalslEden PrairielRiver Vista-LTR Prop M_Bourne.dou Page 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILE. Matt Bourne, Parks and Professional Services Agreement with WSB Natural Resources Manager, for Design Phase Services for Improvements Parks and Recreation to Staring Lake Playground Motion Move to: Approve Professional Services Agreement with WSB & Associates, Inc. for Design Phase Services for Staring Lake Playground at a cost not to exceed $63,350. Synopsis Staff recommends entering into a professional services agreement with WSB & Associates for development of design and construction documents for improvements to Staring Lake Playground. The proposed project is scheduled in the Capital Improvement Program for 2016. Background City staff issued Requests For Proposals (RFP's) to HTPO and WSB for concept, design, construction document preparation,bidding and construction administration. These are two landscape architecture firms that the city has successfully worked with for quite some time. One of the projects in the RFP is Improvements to Starting Lake Playground. This project addresses the replacement of the playground equipment, safety surfacing and surrounding retaining walls. WSB & Associates has performed similar work such as Miller Park Play Area and staff feels very comfortable recommending them for this project. Recommendation The proposal from WSB & Associates is in line with our estimate and staff recommends approval of this contract. Attachment Standard Agreement for Professional Services WSB & Associates Scope of Service Proposal Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 20th day of October, 2015, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and WSB & Associates, Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416. 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 Improvements to Staring Lake Play Area 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 (Topographical Survey, Concept Plan Review, Design Development, Construction Documents and Bid Administration) 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 October 20, 2015 through the acceptance of bid 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 $63,350.00 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 9 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 Jason Amberg 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 9 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 9 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 coveraeges 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 9 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 9 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 9 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 WSB & Associates, Inc. By: Its: Standard Agreement for Professional Services 2014.04 Page 8 of 9 EXHIBIT A SCOPE OF SERVICES Standard Agreement for Professional Services 2014.04 Page 9 of 9 A WSB �Assoc- engineering•planning•environmental•construction 701 Xenia Avenue South Suite 300 Minneapolis,MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 October 13, 2015 Mr. Matt Bourne Manager of Parks &Natural Resources City of Eden Prairie 15150 Technology Drive Eden Prairie, MN 55344 Re: Professional Services Proposal for Topographic Survey, Design, and Bidding Services associated with the Staring Lake Park Community Play Area Site Improvements Dear Mr. Bourne: On behalf of WSB, I thank you for asking us to submit this proposal for yet another exciting community project. We understand this project involves topographic survey, design, and bidding services necessary to redevelop the Staring Lake Park Community Play Area based on the assessment/planning work performed in 2009. The city's established budget for this project is $1,000,000. WSB has included the following specialty sub-consultants within our scope and fee for this project. 1. Electrical Design—EDI 2. Irrigation Design—MLC BASE SCOPE OF SERVICES Task `A' —Design through Bidding: 1. Project Focus Meeting: The general purpose of the focus meeting is to confirm key individuals, vendor contact, staff members, etc. who will be involved in the project or have information that will affect the project, and general review and discussion about the issues and concerns related to this project. 2. Topographical survey: WSB will collect field data and prepare base mapping necessary to create construction documents for this project. a. Survey limits will extend to encompass the existing play area and the proposed concept plan. St.Cloud• Minneapolis•St.Paul Equal Opportunity Employer wsbeng.com K:IPersonall,/ason AmberglProposalslEden Prairie0aring Lake PlayAreMLTR Prop M_Bourne-Staring Lake PlayArea.docx b. Work does not include boundary survey, staking of soil borings, or wetland delineation boundaries. 3. Review/refine concept plan: WSB will review the current concept plan with the client and, if necessary, make minor refinements to better respond to most recent needs. 4. Design Development: Shall include the preparation of written text, plans, photos, product info, and other drawings necessary to describe the design, materials, colors, textures in sufficient detail for the OWNER to grasp the appearance and function of the improvements. a. This includes review and use of appropriate design standards for listed facilities and preparation of design development drawings. The drawings include refined site facility layout, grading, removals plans, site amenities, etc. and details as required. Outline specifications, including general and technical sections, will be prepared. The bid form outline will be prepared and used to estimate construction costs. b. Recommend play equipment and, with owner approval, coordinate with play equipment vendors regarding incorporating their product into the unique spaces designed for this project. C. An estimate of the cost to construct these improvements will be refined based on these documents. From this estimate the OWNER shall determine which of the improvements shall be included in the final phase of design, (Construction Documents). 5. Construction Documents: Once the design options are fully explored and selected through the services listed above, WSB will prepare final Construction Documents for the improvements as approved by the OWNER for inclusion in this project. These documents shall include plans, details, and specifications in sufficient detail for the OWNER to pursue competitive bids for the construction of the improvements. Specific scope of work for this task will include: a. Construction Plans including: i. Title Sheet ii. Site Removals Plan iii. Site Layout Plan iv. Site Grading Plan • Soil borings (provided by city—if available) will be utilized to ensure there is sufficient good material for hard surfaced areas, topsoil for green common spaces and for structural design aspects. • Erosion control and site SWPPP plans as necessary • Onsite soils are assumed to be free of hazardous materials. K:IPersonalUason AmberglProposalslEden Prairie0aring Lake Play AreaUR Prop M_Bourne-Staring Lake Play Area.docx Page 2 • Spot elevations for key finished grade elements • ADA grading design of trails, sidewalks, and other site facilities as appropriate for this phase of the project. V. Detailed Play equipment plan—coordination with City approved play equipment manufacturers and incorporation into final bid documents vi. Pavement Designs and Typical Details vii. Retaining walls and fencing details viii. Shade canopies/ seating areas ix. Storm Sewer and Drainage Plans and details: Analysis and design of the stormwater drainage and conveyance system consistent with storm water management requirements. X. Miscellaneous Site Construction Details b. Prepare Technical Specifications C. Prepare Final Cost Estimate d. Irrigation related: i. Irrigation water source and control currently exist at this site. The new irrigation zones will be designed for incorporation into the current system. ii. City will provide existing as-builts for current irrigation system. iii. New zones may include turf areas, planting areas, heads, piping, etc. for the play area redevelopment. e. Electrical related: i. Lighting and power design at proposed arbor structure ii. Electric service currently exists at the park building or stage area 6. Permits: a. NPDES Phase II stormwater permit preparation and submittal at 90%plan completion. Assumes erosion control plan, SWPPP, and required erosion and sediment control details. b. Watershed district permit preparation and coordination (if required) C. City grading permit preparation and submittal (if required) 7. Bidding Assistance—It is understood that the project will be bid as one single package by prospective bidders. WSB will provide services for bidding assistance associated with the project including the following: a. Advertisement for bids (publication fee(s)will be billed as an expense) b. Coordinate online plan set availability to Contractors C. Collect and respond to questions from Prospective Bidders d. Issue addenda as necessary e. Attend the bid opening f. Prepare tabulation of bids K:IPersonalUason AmberglProposalslEden Prairie0aring Lake Play AreaUR Prop M_Bourne-Staring Lake Play Area.docx Page 3 g. Prepare letter of recommendation for contract award 8. Deliverables: a. One complete paper and digital set of plans, specifications and final estimate of probable construction costs at 50% completion, 95% completion, and 100%final completion. b. Addenda during bidding C. Bid tabulation d. Letter of recommendation to award contract 9. Meetings to be held at the Client's office: a. 1 Project Startup/Kickoff Meeting b. 1 Design Development package review meeting (50%) C. 1 Construction Document review meeting (95%) FEES FOR PROFESSIONAL SERVICES Fees for the services outlined in the proposal above will billed on an hourly basis with a not-to-exceed total of$63,350.00. Below is a breakdown of the various components of this work: WSB Topographic survey $2,600.00 WSB design and bidding services $56,000.00 EDI Electrical engineering $2,000.00 (subconsultant) MLC Irrigation design (subconsultant) $2,750.00 TOTAL NOT-TO-EXCEED FEE $63,350.00 For additional services, including any services not specifically outlined in this proposal, fees will be billed on an hourly basis according to WSB's current hourly rate schedule for the time in which the work is performed. REIMBURSABLE EXPENSES The following list includes the anticipated reimbursable expenses that will be billed in addition to consulting fees. • permit fees/application fees • sub-consultant mileage and printing • courier/delivery costs ASSUMED CITY RESPONSIBILITIES FOR THIS PROJECT: 1. Full program coordination with one individual representing the OWNER'S interests. 2. Legal Counsel, advice, and services available to the CONSULTANT during the term of this Agreement on any or all matters related to the PROJECT such as, but not limited to, title opinions, interpretations of agreements, covenants and laws affecting the PROJECT, advice and assistance in processing applications, review and preparation of PROJECT agreement documents, participation in presentations K:IPersonalUason AmberglProposalslEden Prairie0aring Lake Play AreaUR Prop M_Bourne-Staring Lake Play Area.docx Page 4 to public agency staff and boards and general counsel on the legal implications of all substantive or procedural aspects of the PROJECT itself. 3. Coordinating all meetings with city staff/associations/public involvement in the project. 4. Providing all soils engineering/borings and engineering geotechnical testing, hazardous waste engineering, archeological services and ecological design services required for the project. 5. All fees and expenses involved in federal, state agency or local permitting, plan review, etc. for the project. If you would like us to proceed with the above work, please sign the statement provided at the bottom of this letter and return the executed copy to me at your convenience. Thanks again Matt. Please contact me at 763-231-4841 if you have any questions regarding this proposal. Sincerely, WSB& Associates, Inc. ACCEPTED BY: Jason L. Amberg, A Landscape Architecture Group Manager City of Eden Prairie By: Title: Date: K:IPersonalUason AmberglProposalslEden Prairie0aring Lake Play AreaUR Prop M_Bourne-Staring Lake Play Area.docx Page 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 15-5907 ITEM NO.: VIILF. Randy Newton Approve Amendment No. 1 to MnDOT Public Works /Engineering Contract 01730W04 for Painting Fascia Beams on MnDOT Bridges over TH 212 Requested Action Move to: Approve Amendment No. 1 to MnDOT Contract 01730W04 for Painting Fascia Beams on MnDOT Bridges over TH 212. Synopsis Amendment to contract with MnDOT for painting fascia beams on Highway 212 bridges. The amendment extends the completion date for the work to June 30, 2016. Background Information The work for this project was originally scheduled to be completed in the fall of this year. After review of the specific traffic control requirements with MnDOT and the contractor it was determined that the majority of the work needed to be completed during overnight hours. With the expected temperature drops overnight in October it was determined that the conditions for painting would not be within the specified limits. It was therefore agreed by all parties to delay the work until the spring of 2016 to obtain the best quality product. This amendment extends the completion date in the MnDOT contract to June 30, 2016. Attachment Amendment No. 1 MnDOT Agreement No. 01730W04-1 AMENDMENT#1 TO MnDOT MASTER PARTNERSHIP CONTRACT#01730W04. Contract Start Date: 07/01/2015 Original Contract Amount: $30,000.00 Orig. Contract Exp. Date: 12/31/2015 Prev. Amendment(s)Total: Current Amendment Amended Exp. Date 12/31/2016 Amount: Current Contract Total $30,000.00 Project Identification : Painting MnDOT Bridge Fascia Beams over TH 212 and along TH 5 State Project(SP): 2701-52 Trunk Highway#: 5 Federal Project# NA This amendment is by and between the State of Minnesota, through its Commissioner of Transportation ("State") and the City of Eden Prairie("Local Government"). Recitals 1. The State has a contract with the Local Government identified as MnDOT Contract Number 01730 WO 4 ("Original Contract")to provide state cost share for painting of MnDOT bridge fascia beams over TH 212 and along TH 5. 2. The project was originally scheduled to be completed in the Fall of 2015. The construction start date has been moved to the Spring of 2016. The expiration date of this agreement is being extended to accommodate the new completion date. 3. The State and the Local Government are willing to amend the Original Contract as stated below. Contract Amendment In this Amendment deleted contract terms will be stftiek Em and the added contract terms will be underlined. REVISION 1. Article 1. "Term of Work Order Contract; Incorporation of Exhibits"is amended as follows: 1.1 Effective date: This Work Order Contract will be effective on the date that all required signatures are obtained by State,pursuant to Minnesota Statutes Section 16C.05, subdivision 2. The Providing Agency must not begin work under this Contract until ALL required signatures have been obtained and the Providing Agency has been notified in writing to begin such work by the Requesting Agency's Authorized Representative. 1.2 Expiration date:This Work Order Contract will expire on December 31,2414 2016, or when all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Exhibits: Exhibits A through D are attached and incorporated into this Work Order Contract. REVISION 2. Article 4. "Deliverables by the Providing Party"is amended as follows: 4.1 Deliverables are the work products created or supplied by the Providing Party pursuant to the terms of this Work Order. The detailed summary of the deliverables for this work order are as follows: Amendment(CM Rev: 10/12/12) —1 — MnDOT Agreement No. 01730 Deliverable Description Due Date Traffic Control Provide traffic control for As needed. bridge fascia beam painting construction project in accordance with the "Minnesota Manual of Uniform Traffic Control Devices" and Part VI of the "Field Manual for Temporary Traffic Control Zone Layouts". Paint Bridge Fascia Beams Paint bridge fascia beams on N,.,.ombe 15, 2015 over TH 212 and on TH 5. MnDOT Bridge numbers June 30, 2016 27147, 27148, 27144, 27V09, and 27 V 10 in accordance with the MnDOT approved plans and the 2014 Edition of the MnDOT "Standard Specifications for Construction" and the 2014 Edition of the"Materials Lab Supplemental Specifications for Construction". The terms of the Original Contract are expressly reaffirmed and are incorporated by reference. Except as amended herein, the terms and conditions of the Original Contract and all previous amendments remain in full force and effect. THE BALANCE OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. Amendment(CM Rev: 10/12/12) —2— MnDOT Agreement No. 01730 STATE ENCUMBRANCE DEPARTMENT OF TRANSPORTATION VERIFICATION Individual certifies that funds have been encumbered as required by Minnesota Statutes § 16A.15 and 16C.05. Signed: By: (With delegated authority) Date: Title: SWIFT PO#: Date: LOCAL GOVERNMENT COMMISSIONER OF ADMINISTRATION The Contractor certifies that the appropriate person(s)have executed the contract on behalf of the Contractor as required by applicable articles,by laws,resolutions, or ordinances. By: (With delegated authority) By: Date: Title: MMD#: Date: By: Title: Date: Amendment(CM Rev: 10/12/12) —3— CITY COUNCIL AGENDA DATE: October 20, 2015 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Miller Rezoning Development/Planning Janet Jeremiah/Tania Mahtani Requested Action Move to: • Close the Public Hearing; and • Approve 1st and 2nd Reading of the Ordinance for Zoning District Change from Rural to R1- 13.5 on 1.32 acres. Synopsis The subject property is located at 7555 192nd Street and is 1.32 acres in size. The minimum lot size required in the Rural zoning district is 10 acres. Therefore, the property is non-conforming in terms of lot size. The property is an unplatted legal lot of record. There is an existing single family home on the property,built in 1950. The applicant is proposing to tear down the existing home and re-build a new home further to the east. The applicant is seeking a rezoning to remedy the non-conforming status of the parcel. The proposed house location complies with the setback requirements of the R1-13.5 zoning district. The Comprehensive Guide Plan designates the property as low density residential, and the rezoning request is in conformance with the Guide Plan. The property owner is not subdividing the property at this time. However, the property owner has indicated that their intent is to locate the new home on the property so as to not preclude future opportunity for subdivision of the property. To illustrate possible future subdivision, the applicant has submitted a drawing showing approximately where a new property line and house may be located (drawing attached). The proposed house location complies with the setbacks requirements if the property were to be platted in the future. Any future subdivision would require review and approval by the City. This review would include, but not be limited to density, access, and lot conformance. Background The 120-Day Review Period Expires on January 7, 2016. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the September 28, 2015 meeting. Attachments 1. Ordinance 2. Ordinance Summary 3. Staff Report dated 9-25-15 4. Location Map 5. Land Use Map 6. Zoning Map 7. Aerial photo 8. Application Narrative 9. Potential Future Subdivision Plan 10. Resident Letter(s) 11. Planning Commission Minutes (Unapproved) MILLER REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, 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 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of October, 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 20th day of October, 2015. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2015. Exhibit A Legal Description Miller Rezoning THAT PART OF OUTLOT A AUTUMN WOODS 1ST ADDN AND THAT PART OF NW 1/4 OF SW 1/4 OF SEC 7 T 116 R22 LYING SLY OF SLY LINE OF RYMARLAND CAMP NLY AND NWLY OF NLY AND NWLY LINE OF AUTUMN WOODS 1ST ADDN WHICH LIES WLY OF FOL DESC LINE AND ITS SLY EXTS COM AT MOST WLY COR OF SAID OUTLOT A TH N 50 DEG 21 MIN 42 SEC E ALONG NWLY LINE OF SAID OUTLOT A DIST 103.8 FT TO PT OF BEG OF LINE TO BE DESC TH N 8 DEG 41 MIN 30 SEC E DIST 113.86 FT TO SLY LINE OF RYMARLAND CAMP AND THERE TERMINATING MILLER REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 7555 192nd Street West, from Rural to R1-13.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2015. (A full copy of the text of this Ordinance is available from City Clerk.) STAFF REPORT TO: Planning Commission FROM: Tania Mahtani, Planner I DATE: September 25, 2015 SUBJECT: Miller Rezoning APPLICANT/ David and Karen Miller OWNER: 120 DAY REVIEW: January 7, 2015 LOCATION: 7555 192nd Street West REQUEST: • To rezone the property 7555 192nd Avenue West(1.32 acres) from Rural to R1-13.5. BACKGROUND The property is guided Low Density Residential. The properties to the north and east are guided Low Density Residential and the properties to the south are guided Medium Density Residential. The property is zoned Rural and the properties to the north and east are zoned R1-13.5, the property to the east is zoned R1-9.5, and the properties to the south are zoned RM-6.5. SITE DETAILS 7555 192nd Street is 1.32 acres. The minimum lot size required in the Rural zoning district is 10 acres. Therefore, the property is non-conforming in terms of lot size. The property is an unplatted legal lot of record. There is an existing single family home on the property,built in 1950. The applicant is proposing to tear down the existing home and re- build a new home further to the east. The applicant is seeking a rezoning to remedy the non-conforming status of the parcel. The proposed house location complies with the setback requirements of the R1-13.5 zoning district. The property owner is not subdividing the property at this time. However, the property owners have indicated that their intent is to locate the new home on the property so as to not preclude future opportunity for subdivision of the property. To illustrate possible future subdivision, the applicant has submitted a drawing showing approximately where a new property line and house may go. The proposed house location complies with the setbacks requirements if the property were to be platted. Any future subdivision would require review and approval by the City. This review would include, but not be limited to density, access, and lot conformance. STAFF RECOMMENDATION Recommend approval of the following request: Rezone the property 7555 192nd Street West from Rural to R1-13.5. This is based on Staff Report dated September 25, 2015. Prior to issuance of the building permit for the construction of the new home: 1. A tree inventory certified by a registered land surveyor, landscape architect or forester must be provided. 2. The driveways need to be evaluated to determine the most appropriate driveway locations. A maximum of two driveway openings will be allowed for the proposed house. 3. The current sewer/water service locations will need to be evaluated to determine the most appropriate connection location for the new home. 4. A permit will be required from Riley Purgatory Bluff Creek Watershed District. ou .,ale a F� �■ � ♦� ♦ � fir► ♦ r � �� . • ♦ ■ � r� � fir ► � ■ IOG �i1�Jr � y �■ . : NOWDebbie Lane Highway 101 �� , e ♦ ��� • Ili 1111 �, 11111111 = .�� I Guide Plan Map - Miller Rezoning 2015-016 7555 W 192nd Street, Eden Prairie, MN 55346 D fWR E N E Highway #101 City of Chanhassen SITE Twilight Trail City of Chanhassen City of Eden Prairie Land Use Guide Plan Map Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre Community Commercial Streams ®Low Density/Public/Open Space - Regional Commercial —Principal Arterial Medium Density residential 2.5-10 Units/Acre ®Town Center A Minor Arterial —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 OMedium Density Residential/Office E=J Park/Open Space DATE Revised 01-07-05 DATE Revised 03-01-07 —Major Collector DATE Revised 11-07-05 DATE Revised 06-01-07 High Density Residential 10 40 Units/Acre Public/Quasi-Public —Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-07 DATE Revised 03-23-06 DATE Revised 03-01-08 Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office -Church/Cemetary F ®Office/Industrial Open Water ®Office/Public/Open Space Right-Of-Way 390 195 �� 390 eet - Industrial Zoning Map - Miller Rezoning 2015-16 7555 W 192nd Street, Eden Prairie, MN 55346 EA R I TIE N Highway #101 City of Chanhassen SIT Twilight Trail City of Chanhassen ��V1lE F City of Eden Prairie Zoning Map Rural Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C FNEI Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R FIRD Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU FQ--D1 General Development Waters(Creeks Only) 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. Industrial Park- 5 Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 0 Office 0 Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition Neighborhood Commercial Golf Course Date:March 1,2009 CommunityCommercial Water rasa oraiso,aPa�ov,aia�aam azo�mg massmoa�m�o�mis zo�mg map,ma omma�oa �. a,m anaanaa iaeai aasadpno�o�nia ar eaa�P,ama ciN cama,wm p,a�au. -Highway Commercial Right of Way -Regional Service Commercial 0 0.125 0.25 Miles �..... ..a...._,.p. ..,_,., w.a..,.,m.,m ._,,ma. �• M- C`7 - , T19 -� _ -"� � -� Syr `► Rom` rwii% r �i i•t '� _ [' • • t14. r pq w460 Feet f fw r I fe September 2, 2015 Narrative For Land Development Application Rezoning of 7555 192nd Ave West, Eden Prairie, MN 55346 from Non-conforming Rural to RI-13.5 Miller Enterprises I,LLC, David and Karen Miller,are requesting rezoning of 7555 192nd Ave West, Eden Prairie, MN 55346 from Non-conforming Rural to RI-13.5. This will bring the property in line with the surrounding neighborhood. Our plan is to build a new single family home on the newly rezoned property. The current single family home will be demolished prior to new construction. We are awaiting final building plans but the new home will be approximately 60 feet wide by 40 feet deep. This will be approximately 40ft off of the city right of way in the front and 30ft off of the nearest property to the east. This includes a 3 car garage and will easily meet the setback requirements for the requested zoning. Please see attached survey with a rough estimate of the home's location. A formal survey will be obtained with the final house plans and submitted with the building permit. Although there are no plans to divide this property into more than one parcel, the location of the home does allow the possibility for division of the property into a second lot. Estimated division is shown on the attached survey. Thanks for your consideration. David and Karen Miller Miller Enterprises I,LLC 7596 Debbie In Eden Prairie, MN,55346 .r Lim--.aar I/ ,, 0.,iu, iy wL ALSO THE E{ 1000.90 ram` STATE HWY NO, 101 - 21 1, 4j w •rt, n r � y $ #j ti �� {I P: CD 0 > Lu i of � �Q p r'q, ° � Z r \ 4 I $ r > Z rn 1 r I1N.01.8t. fp5 Ar y �E, ) �r I �ek" �0) i G7 to z 61. ��L tit a�a f t To: City of Eden Prairie, City Council From: Gerard Wind, Resident 19129 Twilight Trail Eden Prairie, MN 55346 952-356-9079 Lucktron@comcast.net RE: September 28, 2015 Council Agenda Item Miller Re-zoning Request to Re-zone property at 7555 192nd Ave from Rural to R1-13.5 Dear Council Member and Property owners David and Karen Miller: I received the notice to rezone the 7555 192nd Avenue property from Rural to R1-13.5. I don't have access to the zoning code on- line. However, I assume this is a request to subdivide and increase the housing density on the lot at the NE corner of Hwy 101 North and Twilight Trail. We object to increasing the housing density at the NW corner of Hwy 101 N and Twilight Trail for the following reasons: 1. Hwy 101 N is unsafe in this area due to excess speed (40 MPH) on a sharp turn, un-level roadway, and obstructed views when entering the roadway. 2. Overflow parking from Lotus Lake Boat Launch already park vehicles with boat trailer park on 19100 to 19200 Twilight Trail because the City of Chanhassen has No Parking signs on the residential streets in the boat launch area. 3. Existing Twin homes on 191xx Twilight Trail have already routine overnight parking on the street which is not wide enough for bidirectional traffic when cars are parked on the street. 4. Natural beauty of Red Maple and Oak trees on the subject lot exemplify why Eden Prairie is a valued community. 5. I have spoken to 4 of the property owners on 191xx Twilight Trail. All are opposed to any plan to increase the housing density in this area. The images on the flowing pages from google are being used to demonstrate the five points above. 1. Hwy 101 N. is unsafe. The land is needed for reconstruction. _ k -den Prairie News ► Long-range improvements considered for Highway 101 North Story comments Print E3 Font Site: 61; ►'.;� Pasted: Friday, November 15,2013 11:OD am By Richard crawford editor@chanvillager.com Although traffic on Highway 101 North in Chanhassen has been declining and no state funning is imminent, Chanhassen officials Nov. "2 discussed possible long-range improvements to the roadway between Highway 5 and Pleasant View Road. More than a decade ago a proposal to construct a four-lane road was met with opposition by sorne residents and the plan was set aside. But safe concerns along the corridor have br wg t more attention and interest in making improvements, according to a staff report. In 2012, a pedestrian died attempting to cross highway 101 at the intersection of Sandy }-look Road. B �"'-'. Looking right tNorth}from Twilight - �'� �- _ _ �"`':Trail,the i►iew is limited,tra#fic is ;,� ';� � of a all! from:the south.and " �W1LtiGH� �k , undid-sting terrain firom the north. '. • ,� diek highlighted areas to see images - _ 1 4 , . S '4 - Hide imagery Pleaseedd more traffic If land goes from Rural, so should HwyI 2. Overflow parking from Lotus Lake Boat Launch already park vehicles with boat trailers on 19100 to 19200 Twilight Trail because the City of Chanhassen has No Parking signs on the residential streets in the boat launch area. 44*52'01.1°N... * South Lotus Lake Park View iargeT neap Kristie Landing Type: Trailer Launch This fills up Municipality: really quick on a Number of Launch Lanes: 1 new aa`° Launch Surface: holiday. Launch Depth: Chanhassen has Number of Vehicle/Trailer Stalls: S no parking signs 0 �� rn � ti Fish CleaningArea: on their streets ABC Kitchen + (get driving directions) in the area. So The Bergquist Company ■ Goodwill LGo gle they Come t0 7Rth 00gl Twilight Trail in 02t715 Goggle-Map data t�12015 Goggl e Terms of Use g Eden Prairie. - Logs Lake Boat Launch over flow Parking on wiIight Trail ::•t. ------------ homes3. Existing Twin on 191xxalready 1 overnight parking on the street1 1 enough 1 bidirectional traffic when cars are parked on the .4_' '� -�`• .-������{� Su#�ject Property _ dangerDLtS eCl�Callce .�-Y'• -` - -, Beat Launch , _��7. .: Twinhomes with excess vehicles - stf�eet�parkirl� 4Boat Trai parking ''� ' ��. 101 - 4. The natural beauty of Red Maple and Oak trees on the subject lot exemplify why Eden Prairie is a valued community. PropertySubject ,r i R M1+ - +9' Please leave the property rural or upgrade Hwy 101 North which would then need the subject property to make the road safe. Thanks for your time from the residence at 19xxx Twilight Trail O Mayor Tyra-Lukens: Thank You for your quick response! I did stop in a City Hall today and spoke with Tania Mahtani, Planner. She was very helpful. September 28 is the Planning Commission Meeting. I gained further understanding of the Miller Re-zoning project and the zoning code definitions. I have also been speaking with neighbors in the 191 xx Twilight Trail area. We will have a more formal gather in this weekend. Generally, neighbors are ok with a what happens on the subject property. The traffic and safety issues seem more a the common theme. This is the direction we are heading for a petition: 1 . Reduce speed on 101 N in area of the curve near Twilight Trail from 40 mph to 30 mph. 2.a Add an acceleration lane on 101 N, going north from Twilight for better visibility and safety. 2.b. Enhance the deceleration lane going north to Twilight 101 N for safety. 3. No Boat Trailer Traffic on Twilight Trail (main road and cul-de-sac) 4. No overnight parking on Twilight Trail main and cul-da-sac more than 2 nights in a row. This is a bidirectional traffic and snow plow issue. I believe there is a law/rule on this now; however, it is not enforced and neighbors hate to be the cop. 5. We wish the Miller property no be more than 2 single family homes density. We live on a narrow road / cul-da-sac with all Twinhomes. The backside to the west (in Chanhassen) is a row of apartments on 101 N. We need to alleviate traffic issues, not add to them. I am also requesting J. Randall Newton, P.E., Assistant City, Engineer, Traffic Engineer to comment on these request, in light of the history of Hwy 101 North in the Twilight Trail Area, and future plans for improvements. I realize action would involve the State of MN, Hennepin County, Carver County, City of Chanhassen, and City of Eden Prairie. However, its better to discuss it now, rather than after an accident or fatality. Nancy, Randall, and Tania, thanks for your valuable time and dedication to the City of Eden Prairie. P.S. I have re-attached the letter for yesterday's e-mail for background. Gerry Wind 19129 Twilight Trail Eden Prairie, MN 55346 952-356-9079 UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, SEPTEMBER 28, 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 Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Kirk and Wuttke were absent. II. APPROVAL OF AGENDA MOTION by Higgins, seconded by Pieper, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON SEPTEMBER 14, 2015 MOTION by Weber, seconded by Pieper, to approve the Planning Commission Minutes. Motion carried 5-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. MILLER REZONING by David and Karen Miller Location: 7555 192nd Ave West Request for: 0 Zoning District Change from Rural to R1-13.5 on 1.32 acres Planning Commission Minutes September 28, 2015 Page 2 David Miller, property owner, presented the proposal. Mr. Miller said this is a non-conforming rural lot and what they would like to do is demo the rental house down and rebuild a single family home. Mr. Miller said they would like to change the zoning district to R1-13.5, which is consistent with other lots in the area. The proposed house does comply with the proposed district change and they are not planning on subdividing the property. Chair Stoltz asked Klima to review the staff report. Klima said staff recommendation is for approval. She stated there is a nearby resident who sent a letter that is included in the packet. He is requesting the homeowner not increase the density. No other neighborhood comments have been recieved Chair Stoltz opened the meeting up for public input. There was no input. MOTION by Weber, seconded by Pieper, to close the public hearing. Motion carried 5-0. MOTION by Weber, seconded by Pieper, to recommend approval of the Zoning District Change from Rural to R1-13.5 on 1.32 acres based on the information included in the staff report dated September 25, 2015. Motion carried 5-0. B. WOODSPRING SUITES SIGNATURE by Titleist Lodging Group, LLC Location: 7544 Market Place Drive Request for: • Planned Unit Development District Review with waivers on 1.66 acres • Zoning District Change from Office to Commercial Regional Service on 1.66 acres • Site Plan Review on 1.66 acres Chair Stoltz stated this project is being withdrawn. VII. PLANNERS' REPORT Klima said the Metropolitan Council issued the system statement and it can be viewed on-line. This is the beginning of the Comprehensive Plan preparation. Higgins asked Klima if the system statement review will involve the Planning Commission. Klima said the City has 60 days to file an appeal of the system statement. VIII. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE—LIGHT RAIL No Members' Report Planning Commission Minutes September 28, 2015 Page 3 IX. CONTINUING BUSINESS No continuing business. X. NEW BUSINESS No new business. XI. ADJOURNMENT MOTION by Farr, seconded by Higgins, to adjourn the Planning Commission meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 7:11 p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing October 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Jim Richardson Special Assessment Hearing for the Public Works /Engineering Approval of the 2015 Special Assessments Requested Action Move to: • Close the public hearing for the approval of the 2015 Special Assessments and; • Adopt the resolution approving all Special Assessments presented in the fall of 2015. Synopsis Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments and contracted removal assessments. Staff recommends Council approve the list of assessments. Background Information City Council established the amount to be assessed for this fall's assessment hearing at its regular meeting on September 15, 2015. See Exhibit A for the list of Supplementals that the Council will be asked to approve for levying Special Assessments for collection with property taxes. The total amount proposed to be assessed in 2015 is $6,434,082.47. Attachments • Resolution • Exhibit A • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2015- WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid within 30 days of the adoption of this resolution. To the first installment shall be added interest on the entire assessment from November 1, 2015 until December 31, 2016. To each subsequent installment when due shall be added interest for one year on all unpaid installments. In accordance with Minnesota Statutes Section 429.061 assessments are deferred on unimproved pieces of property as identified on Exhibit A until the time of platting or the construction of improvements thereon. Interest shall be charged to the deferred assessment amount at the annual interest rate indicated in Exhibit A and added to the principal amount until it becomes payable. At the time of platting or construction of improvements thereon, the deferred principal amount plus accrued interest shall be payable in installments over the remaining number of years of the assessment levied herein but in any event not less than five (5) years. The Clerk shall record with the county recorder a certificate containing the legal description of the affected property and of the amount deferred. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2016. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. ADOPTED by the City Council of the City of Eden Prairie this 20t"day of October,2015. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk EXHIBIT A REVISED ITEM NO.: IX.B 1. I.C.01-5537 Eden Prairie Road South of Riley Creek Project Cost: $3,332,263.45 Improvements City Share: $108,465.31 Deferred Street& Storm Imp: $1,130,906.40 Future Assessment: $8,438.10 Net Assessment: $2,084,453.64 Property Owner Parcel PID # Years/ % Amount Metropolitan Airport Commission 29-116-22-11-0003 20 Years/5.20% $0.00 Metropolitan Airport Commission 29-116-22-11-0003 Deferred/5.20% $41,906.00 Michael &Roxanne Neuharth 29-116-22-12-0005 20 Years/5.20% $7,748.81 Michael &Roxanne Neuharth 29-116-22-12-0005 Deferred/5.20% $85,236.91 The Pemtom Land Co 29-116-22-13-0001 20 Years/5.20% $0.00 The Pemtom Land Co 29-116-22-13-0001 Deferred/5.20% $39,785.59 Metropolitan Airport Commission 29-116-22-13-0010 20 Years/5.20% $0.00 Metropolitan Airport Commission 29-116-22-13-0010 Deferred/5.20% $198,928.01 Metropolitan Airport Commission 29-116-22-13-0011 20 Years/5.20% $0.00 Metropolitan Airport Commission 29-116-22-13-0011 Deferred/5.20% $358,070.42 Christian &Deborah Kline 29-116-22-13-0012 20 Years/5.20% $13,261.87 Christian &Deborah Kline 29-116-22-13-0012 Deferred/5.20% $106,094.93 Christian &Deborah Kline 29-116-22-13-0012 Excluded/5.20% $2,812.70 Chris &Jill Neilson 29-116-22-13-0014 20 Years/5.20% $7,748.81 Meadows Land, LLC 29-116-22-13-0015 20 Years/5.20% $7,748.81 Leigh Berger 29-116-22-13-0016 20 Years/5.20% $7,748.81 Meadows Land, LLC 29-116-22-13-0017 20 Years/5.20% $7,748.81 Gonyea Homes, Inc. 29-116-22-13-0018 20 Years/5.20% $7,748.81 Gabor&Andrea Bartok 29-116-22-13-0019 20 Years/5.20% $7,748.81 Thad & Suzanne Johnson 29-116-22-13-0020 20 Years/5.20% $7,748.81 Paul Tompach 29-116-22-13-0021 20 Years/5.20% $7,748.81 LDK Builders Inc 29-116-22-13-0022 20 Years/5.20% $7,748.81 Ron &Patricia Allar 29-116-22-13-0023 20 Years/5.20% $7,748.81 D R Horton Inc 29-116-22-13-0024 20 Years/5.20% $7,748.81 D R Horton Inc 29-116-22-13-0025 20 Years/5.20% $7,748.81 D R Horton Inc 29-116-22-13-0026 20 Years/5.20% $7,748.81 D R Horton Inc 29-116-22-13-0027 20 Years/5.20% $7,748.81 D R Horton Inc 29-116-22-13-0028 20 Years/5.20% $7,748.81 D R Horton Inc 29-116-22-13-0029 20 Years/5.20% $7,748.81 D R Horton Inc 29-116-22-13-0030 20 Years/5.20% $7,748.81 Chitra Arumugam 29-116-22-13-0031 20 Years/5.20% $7,748.81 D R Horton Inc 29-116-22-13-0032 20 Years/5.20% $7,748.81 D R Horton Inc 29-116-22-13-0033 20 Years/5.20% $7,748.81 D R Horton Inc 29-116-22-13-0034 20 Years/5.20% $7,748.81 D R Horton Inc 29-116-22-13-0035 20 Years/5.20% $7,748.81 Toll MN, LP 29-116-22-14-0005 20 Years/5.20% $13,261.86 James &Jennifer Santy 29-116-22-14-0006 20 Years/5.20% $13,261.86 John&Jessica Schmidt 29-116-22-14-0007 20 Years/5.20% $13,261.86 Toll MN, LP 29-116-22-14-0008 20 Years/5.20% $13,261.86 Toll MN, LP 29-116-22-14-0009 20 Years/5.20% $13,261.86 Christopher&Amy Dowling 29-116-22-14-0010 20 Years/5.20% $13,261.86 Toll MN, LP 29-116-22-14-0011 20 Years/5.20% $13,261.86 Michael &Andrea Mohan 29-116-22-21-0064 20 Years/5.20% $3,620.83 Eden Three, LLC 29-116-22-21-0065 20 Years/5.20% $3,620.83 Stephen&Jeannie Oakley 29-116-22-21-0066 20 Years/5.20% $3,620.83 Jason &Tracy Goldberg29-116-22-21-0067 20 Years/5.20% $3,620.83 Eden Three, LLC 29-116-22-21-0068 20 Years/5.20% $3,620.83 Eden Three, LLC 29-116-22-21-0069 20 Years/5.20% $3,620.83 Curt Swanson Homes, LLC 29-116-22-21-0070 20 Years/5.20% $3,620.83 Curt Swanson Homes, LLC 29-116-22-21-0071 20 Years/5.20% $3,620.83 Olukayode &Ebi Awosika 29-116-22-21-0072 20 Years/5.20% $3,620.83 Michael &Diana Hanline 29-116-22-24-0050 20 Years/5.20% $3,620.83 Michael &Diana Hanline 29-116-22-24-0051 20 Years/5.20% $3,620.83 Jeffrey&Nancy Schoenwetter 29-116-22-24-0052 20 Years/5.20% $3,620.83 Edward&Crystal Hanson 29-116-22-24-0053 20 Years/5.20% $3,620.83 Eden Three, LLC 29-116-22-24-0054 20 Years/5.20% $3,620.83 Chad Stierna le &Tiffany Waki 29-116-22-24-0055 20 Years/5.20% $3,620.83 Eden Three, LLC 29-116-22-24-0056 20 Years/5.20% $3,620.83 Eden Three, LLC 29-116-22-24-0057 20 Years/5.20% $3,620.83 Brian &Karen Jenks 29-116-22-24-0058 20 Years/5.20% $3,620.83 Michael &Jody McMahon 29-116-22-24-0059 20 Years/5.20% $3,620.83 Judd&Kristin Nystrom 29-116-22-24-0060 20 Years/5.20% $3,620.83 Richard &Marcia Lund 29-116-22-24-0061 20 Years/5.20% $3,620.83 Curt Swanson Homes, LLC 29-116-22-24-0062 20 Years/5.20% $3,620.83 Eden Three, LLC 29-116-22-24-0063 20 Years/5.20% $3,620.83 Russell Martin 29-116-22-24-0064 20 Years/5.20% $3,620.83 James Blue 29-116-22-24-0065 20 Years/5.20% $3,620.83 Richard &Michelle Mack 29-116-22-24-0066 20 Years/5.20% $3,620.83 Michael &Lorene Freehill 29-116-22-24-0067 20 Years/5.20% $3,620.83 Kassim &All son Mahmood 29-116-22-24-0068 20 Years/5.20% $3,620.83 Eden Three, LLC 29-116-22-24-0069 20 Years/5.20% $3,620.83 Eden Three, LLC 29-116-22-24-0070 20 Years/5.20% $3,620.83 Eden Three, LLC 29-116-22-24-0071 20 Years/5.20% $3,620.83 David &Bryn Scott 29-116-22-24-0072 20 Years/5.20% $3,620.83 Anthony&Mellissa Colistra 29-116-22-24-0073 20 Years/5.20% $7,241.66 Eric Mills &Rita Johnson-Mills 29-116-22-24-0074 20 Years/5.20% $3,620.83 Susan Marcinelli 29-116-22-24-0075 20 Years/5.20% $3,620.83 Claudio &Maria Moreno 29-116-22-24-0076 20 Years/5.20% $3,620.83 Chris &Jill Neilson 29-116-22-24-0077 20 Years/5.20% $3,620.83 Roland&Janice Hron 29-116-22-31-0003 20 Years/5.20% $4,620.21 Roland&Janice Hron 29-116-22-31-0003 Deferred/5.20% $27,721.26 Kenneth&Kathleen Griffiths 29-116-22-31-0004 20 Years/5.20% $4,620.21 Kenneth&Kathleen Griffiths 29-116-22-31-0004 Deferred/5.20% $4,620.21 Michael &Ann Miller 29-116-22-31-0005 20 Years/5.20% $4,620.21 Michael &Ann Miller 29-116-22-31-0005 Deferred/5.20% $32,341.47 Diane O'Brien Revocable Trust 29-116-22-31-0007 20 Years/5.20% $4,620.21 Diane O'Brien Revocable Trust 29-116-22-31-0007 Deferred/5.20% $41,581.89 Michael &Diana Hanline 29-116-22-31-0015 20 Years/5.20% $3,620.83 Michael O'Shaughnessy& Shyan Fitzgerald 29-116-22-31-0016 20 Years/5.20% $3,620.83 Michael &Tina Robbins 29-116-22-31-0017 20 Years/5.20% $3,620.83 Pulte Homes of Minnesota LLC 29-116-22-31-0020 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-31-0021 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-31-0022 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-31-0023 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-31-0024 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-31-0025 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-31-0026 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-31-0027 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-31-0028 20 Years/5.20% $4,620.21 Gregory&Debra Peterson 29-116-22-34-0003 20 Years/5.20% $0.00 Gregory&Debra Peterson 29-116-22-34-0003 Deferred/5.20% $32,341.47 Dr. F. M. Allis 29-116-22-34-0005 20 Years/5.20% $4,620.21 Dr. F. M. Allis 29-116-22-34-0005 Deferred/5.20% $18,480.84 Gregory& Susan Thurin 29-116-22-34-0006 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-34-0007 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-34-0008 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-34-0009 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-34-0013 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-34-0014 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-34-0015 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-34-0016 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-34-0017 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-34-0018 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-34-0019 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-34-0020 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-34-0021 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-34-0022 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-34-0023 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-34-0024 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-34-0025 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-34-0026 20 Years/5.20% $4,620.21 Toll MN, LP 29-116-22-41-0006 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0007 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0008 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0009 20 Years/5.20% $13,261.87 John Glaeser&Nicole Walsh-Glaeser 29-116-22-41-0010 20 Years/5.20% $13,261.87 Albert &Raizel Sanchez 29-116-22-41-0011 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0012 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0013 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0014 20 Years/5.20% $13,261.87 Dave &Trisha Tyson 29-116-22-41-0015 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0016 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0017 20 Years/5.20% $13,261.87 Michael Pszybylski &Lisa Quiring 29-116-22-41-0018 20 Years/5.20% $13,261.87 Randy&Kristin Larson 29-116-22-41-0019 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0020 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0021 20 Years/5.20% $13,261.87 Raman Kal anam & Sailaja Savanam 29-116-22-41-0022 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0023 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0024 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0025 20 Years/5.20% $13,261.87 Christopher&Rebecca Lobsin er 29-116-22-41-0026 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0027 20 Years/5.20% $13,261.87 Karl &Heidi Breyer 29-116-22-41-0028 20 Years/5.20% $13,261.87 Murali Radhakrishnan &Aneetha Kabeleeswaran 29-116-22-41-0029 20 Years/5.20% $13,261.87 Michael &Rhonda Dungan 29-116-22-41-0030 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0031 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0032 20 Years/5.20% $13,261.87 Viet Ly&Thoa Duon 29-116-22-41-0033 20 Years/5.20% $13,261.87 Sidhartha&Kokil Sharma 29-116-22-41-0034 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0035 20 Years/5.20% $13,261.87 Shannan Marshall 29-116-22-41-0036 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0037 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0038 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0039 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0040 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0041 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0042 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0043 20 Years/5.20% $13,261.87 Stephen Manko IV &Jami Manko 29-116-22-41-0044 20 Years/5.20% $13,261.87 Scott&Heather Jensen 29-116-22-41-0045 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-41-0046 20 Years/5.20% $13,261.87 Debra Hotvedt 29-116-22-42-0010 20 Years/5.20% $7,748.81 Debra Hotvedt 29-116-22-42-0010 Deferred/5.20% $77,488.10 Allan &Elizabeth Carlson 29-116-22-42-0011 20 Years/5.20% $13,261.87 Allan &Elizabeth Carlson 29-116-22-42-0011 Deferred/5.20% $39,785.59 Chris Bunn &Colleen Fitzgerald-Bunn 29-116-22-42-0012 20 Years/5.20% $13,261.87 Chris Bunn &Colleen Fitzgerald-Bunn 29-116-22-42-0012 Deferred/5.20% $13,261.85 John Baumgartner 29-116-22-42-0014 20 Years/5.20% $7,748.81 Meadows Land, LLC 29-116-22-42-0015 20 Years/5.20% $7,748.81 John Melchert&Mary Gale 29-116-22-42-0016 20 Years/5.20% $7,748.81 Meadows Land, LLC 29-116-22-42-0017 20 Years/5.20% $7,748.81 Meadows Land, LLC 29-116-22-42-0018 20 Years/5.20% $7,748.81 Jeffery&Amy Miller 29-116-22-42-0019 20 Years/5.20% $7,748.81 Jonathan Benton &Monica Caldas 29-116-22-42-0020 20 Years/5.20% $7,748.81 Geoffrey Spencer&Kimberley Christianson 29-116-22-42-0021 20 Years/5.20% $7,748.81 Meadows Land, LLC 29-116-22-42-0022 20 Years/5.20% $7,748.81 Stephen Lutz &Julie Campanelli 29-116-22-42-0023 20 Years/5.20% $7,748.81 Michael &Natalia Erickson 29-116-22-42-0024 20 Years/5.20% $7,748.81 Cory&Katie Olson 29-116-22-42-0025 20 Years/5.20% $7,748.81 Joseph &Linda Rorke 29-116-22-42-0026 20 Years/5.20% $7,748.81 Pulte Homes of Minnesota LLC 29-116-22-42-0027 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0029 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0030 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0031 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0032 20 Years/5.20% $13,261.87 Christian S Miller 29-116-22-42-0033 20 Years/5.20% $13,261.87 Timothy J Schnie 29-116-22-42-0034 20 Years/5.20% $13,261.87 Prem K Mekala 29-116-22-42-0035 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0036 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0037 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0038 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0039 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0040 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0041 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0042 20 Years/5.20% $13,261.87 Adam B Lurie 29-116-22-42-0043 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0044 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0048 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0049 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0051 20 Years/5.20% $13,261.87 Melissa A Gordon 29-116-22-42-0052 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0055 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0056 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0057 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0058 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0059 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0060 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0061 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0062 20 Years/5.20% $6,326.72 Pulte Homes of Minnesota LLC 29-116-22-42-0063 20 Years/5.20% $6,326.72 Pulte Homes of Minnesota LLC 29-116-22-42-0064 20 Years/5.20% $6,326.72 Pulte Homes of Minnesota LLC 29-116-22-42-0065 20 Years/5.20% $6,326.72 Pulte Homes of Minnesota LLC 29-116-22-42-0066 20 Years/5.20% $6,326.72 Pulte Homes of Minnesota LLC 29-116-22-42-0067 20 Years/5.20% $6,326.72 Pulte Homes of Minnesota LLC 29-116-22-42-0068 20 Years/5.20% $6,326.72 Pulte Homes of Minnesota LLC 29-116-22-42-0069 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0070 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0071 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0072 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0073 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-42-0074 20 Years/5.20% $6,326.72 Pulte Homes of Minnesota LLC 29-116-22-42-0075 20 Years/5.20% $6,326.72 Pulte Homes of Minnesota LLC 29-116-22-42-0076 20 Years/5.20% $6,326.72 Pulte Homes of Minnesota LLC 29-116-22-42-0077 20 Years/5.20% $6,326.72 Pulte Homes of Minnesota LLC 29-116-22-42-0078 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0079 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-42-0080 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-43-0011 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-43-0012 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-43-0013 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-43-0014 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-43-0015 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-43-0016 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-43-0017 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-43-0018 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-43-0019 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-43-0020 20 Years/5.20% $4,620.21 Matthew & Stephanie Zarse 29-116-22-43-0021 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-43-0022 20 Years/5.20% $13,261.87 Graham F Epperson 29-116-22-43-0023 20 Years/5.20% $13,261.87 Jon R Gilmore 29-116-22-43-0024 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-43-0027 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-43-0028 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-43-0029 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-43-0030 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-43-0031 20 Years/5.20% $13,261.87 Scott T Frederiksen 29-116-22-43-0032 20 Years/5.20% $13,261.87 Pulte Homes of Minnesota LLC 29-116-22-43-0033 20 Years/5.20% $13,261.87 Gon ea Homes, Inc 29-116-22-43-0034 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-43-0035 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-43-0036 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-43-0037 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-43-0038 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-43-0039 20 Years/5.20% $4,620.21 Pulte Homes of Minnesota LLC 29-116-22-43-0040 20 Years/5.20% $4,620.21 Duncan&Lisa Tomassen 29-116-22-44-0013 20 Years/5.20% $13,261.87 Duncan&Lisa Tomassen 29-116-22-44-0013 Deferred/5.20% $13,261.86 Duncan&Lisa Tomassen 29-116-22-44-0013 Excluded/5.20% $5,625.40 Guy&Kathryn Morrissette 29-116-22-44-0026 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-44-0027 20 Years/5.20% $13,261.87 Timothy&Dona Edmund 29-116-22-44-0028 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-44-0029 20 Years/5.20% $13,261.87 Toll MN, LP 29-116-22-44-0030 20 Years/5.20% $13,261.87 2. I.C. 11-5799 Shady Oak Road Phase I Improvements Project Cost: $745,831.76 City Share: $0.00 Net Assessment: $745,831.76 Property Owner Parcel PID # Years/ % Amount United Healthcare Services, Inc. 01-116-22-22-0017 15 Years at 5.20% $745,831.76 3. I.C. 11-5800 Shady Oak Road Phase II Improvements Project Cost: $20,604,590.34 City Share: $4,100,000.00 Other Funding Sources/Future Asmt: $14,093,853.27 Net Assessment: $2,410,737.07 Property Owner Parcel PID # Years/ % Amount United Healthcare Services, Inc. 01-116-22-22-0017 12 Years at 5.20% $2,410,737.07 Supplementals Trunk Sewer and Water Parcel PID # Years/ % Amount Blossom Hill 25-116-22-32-0008 &0009 5 Years/5.20% $50,277.5 Tree Contracted Removal Manley Land Development 20-116-22-33-0125 1 Year/5.20% $575.00 Earl Street Partners, LLC 36-116-22-11-0026 1 Year/5.20% $375.00 Stumph/Bergevin 36-116-22-13-0029 1 Year/5.20% $1,865.00 Weed/Grass Contracted Removal Saathoff 04-116-22-21-0034 1 Year/5.20% $155.00 Miller 07-116-22-32-0016 1 Year/5.20% $158.00 Gottlieb 25-116-22-13-0064 1 Year/5.20% $155.00 Payne 25-116-22-14-0034 1 Year/5.20% $155.00 October 20, 2015 City of Eden Prairie Eden Prairie City Council 8080 Mitchell Road Eden Prairie, MN Dear Council members: Please accept this as written notice to appeal property assessments in the amount of $85,236.91 for 16540 Beverly Drive, Eden Prairie, MN 55347 (PID#29-116-22-42-0010). The road improvements for Eden Prairie Road do not directly benefit my property and I should not be assessed the above amount. I would also like to know why I am being assessed for 5.31 acres when my property is 5.11 according to Hennepin County. Respectfully, Debra L. Hotvedt 16540 Beverly Drive Eden Prairie, MN 55347 952-934-8949 _i Parcel 29-116-22-42-0010 A-T-B: Abstract Map Scale: 1"=100 ft. N ID: Print Date: 10/20/2015 -{4t Owner Debra Lynn Hotvedt Market $814,300 T Name: Total: Parcel 16540 Beverly Dr Tax $12,250.64 Address: Eden Prairie, MN 55347 Total: (Payable:2015) Property Residential Sale Type: Price: This map is a compilation of data from various sources and is furnished"AS IS"with no Home- Homestead Sale representation or warranty expressed or stead: Date: implied,including fitness of any particular purpose,merchantability,or the accuracy and completeness of the information shown. Parcel 5.11 acres Sale Area: 222,634 sq ft Code: COPYRIGHT©HENNEPIN COUNTY 2015 October 20, 2015 Eden Prairie City Council Members The City Center 8080 Mitchell Road Eden Prairie, Minnesota 55344 Dear Eden Prairie City Council Members, We are writing to appeal the assessments that have been placed on PID 429-116-22-31-0005 16870 Beverly Drive Eden Prairie, MN 55347. This property does not directly benefit from the Eden Prairie Road Improvements. Thank you for your attention to this matter. Sincerely, Michael and Ann Miller cc Rod Rue Christopher Bunn Colleen Fitzgerald-Bunn 9850 Eden Prairie Road Eden Prairie MN 55347 We are appealing the proposed assessment of$26,523.72 for our property located at 9850 Eden Prairie Road (property id 29-116-22-42-0012). The appeal is based on the following arguments: The improvements to Eden Prairie Road provide equal benefit to all units in the development area. The increased width, improved sightlines, and reduced slopes are intended to provide for safer access to all properties in the area. To burden homeowners with frontage along Eden Prairie Road is unfair. Within the feasibility study the cost of the Riley creek crossing improvements are identified as a benefit to all units and the cost is distributed evenly. Why would the adjacent sections of road be seen as any less of a shared resource. The cost of Eden Prairie Road improvement should be evenly shared amongst all 355 benefiting properties. The improvements to Eden Prairie Road should in some part be paid by all the residents of Eden Prairie. We have lived in our house for 17 years, traffic patterns in the morning and evening clearly indicate that Eden Prairie Road services not just the families living in the area. During peak traffic hours Eden Prairie road carries significant traffic between Highway 212, Pioneer Trail, and Flying Cloud Drive. During the summer Eden Prairie Road is used by many drivers who prefer a more scenic route. The City Engineer explained that the anticipated improvement to the south end of Eden Prairie road will payed for by the residences along Eden Prairie Road as well as a significant contribution from the City. Why is the city willing contribute to the improvement of one section of the road but will contribute nothing to the adjacent sections. In previous road improvement projects (Hillcrest road and storm drain improvements) the city carried as much as 60% of the cost. We are incorrectly being assessed for two units, our lot size is 0.91 acres , the Feasibility Report and on final assessment roll state that full residential densities are assumed to be 2.0 units per acre. In the current assessment at least three units that nearly match or exceed our lot size and yet they are only accessed for a single unit. This creates very imbalanced assessment comparisons. Our property is being assessed at 11.47% of market value while lots of similar size are being assessed as 0.23% of market value. Thank you for your consideration. Christopher Bunn Colleen Bunn ZZf jl, �, fs 10/20/2015 Hennepin County GIS-Printable Map Hrtrtcen 'ctive Property • s { Bever�y D6ve i I<.ro er L1f%,A Parcel 29-116-22-42-0012 A-T-B: Abstract Map Scale: 1"=200 ft. N ID. a Print Date: 10/20/2015 �a Nmmer M t C A Bunn/C M Fitzgerald-Bunn Total $231,200 Parcel 9850 Eden Prairie Rd Tax $3,036.80 Address: Eden Prairie,MN 55347 Total: (Payable:2015) Property Residential Sale $126,500 Type: Price: This map is a compilation of data from various "sources and is furnished"AS IS"with no Home- Homestead Sale 07l1998 representation or warranty expressed or stead' Date' implied,including fitness of any particular purpose,merchantability,or the accuracy and completeness of the information shown. Parcel 0.91 acres Sale Warranty Deed COPYRIGHT©HENNEPIN COUNTY 2015 Area: 39,612 sq ft Code: https://gis.hennepin.us/Property/print/default.aspx?C=461790.04923957324,4963540.088514515&L=7&T=road&D=true&LID=D&F ID=2911622420012&VIS=0,0,0... 112 Chris and Deb Kline October 20, 2015 9700 Eden Prairie Road Eden Prairie, MN 55347 To Eden Prairie City Clerk, We would like to appeal the amount of the assessment that is being charged to us for these road improvements. • Our assessment charge is 14.35%value against our property value, whereas others on the plan are only being charged 5%. • We are being charged more due to having frontage on Eden Prairie Road. All residents included in this assessment should be charged equally since we all have equal access to using this road as it is our only way out of this area. • The Southern part of Eden Prairie Road is not included in this assessment, but they still have full access to the road. Their part is being subsidized by the city because of the cost and elevation. Why would that not be the case for the full entire road improvement? There should not be separate rules for different parts of the road in the city, these should be consistent. • Why isn't the strip of land that was owned by Robin Smith and is now owned by DR Horton not being charged frontage in this assessment similar to the rest of us on Eden Prairie Road? • Eden Prairie City is benefiting from the development in this area and should be covering most of this cost. Our benefits have been reduced, as we no longer have parking available to us in front of our home and now have much increased traffic getting out of our driveway. We still cannot receive all the utilities benefits that everyone else has access to, ie: Comcast Cable or Century Link Fiber optics. Thus we have limited choices to internet services within our city limits at our home. • We did not ask for city sewer and water as we have sufficiently subsidized that ourselves, yet now we are being charged for the assessment to have it laid in, whether or not we decide to hook up to it in the future. • In other areas in Eden Prairie, the city added storm sewers to a neighborhood yet did not charge the residents (Summit Drive) yet we are asked to cover this cost amongst the residents on Eden Prairie Road. • We are being charged as 9 units for our property, for the potential development. But looking at the plans the city has for roads going through our property, it would not be feasible to fit 9 units here based on the elevation, proposed holding ponds and the city roads connecting other developments. • The city added more costs in the landscaping for the holding pond that we would not have agreed to. • Why do we need an 8 foot trail alongside Eden Prairie Road where most neighborhoods have only a 4 foot sidewalk or nothing at all? • Why are we paying for a 32 foot road where a 28 foot road would have been just fine? If the city needed the wider road, they should be covering the increased cost. This is our official appeal towards the city of Eden Prairie in regards to the assessment we are being charged. Sincerely, Deb and Chris Kline CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims October 20, 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 241515 - 241820 Wire Transfers 1012116 - 1012230 Wire Transfers 5551 - 5553 City of Eden Prairie Council Check Summary 10/20/2015 Division Amount Division Amount General 738,293 601 Prairie Village Liquor 78,951 101 Legislative 1,474 602 Den Road Liquor 126,949 III Customer Service 3,227 603 Prairie View Liquor 81,753 112 Human Resources 191 605 Den Road Building 1,106 113 Communications 5 701 Water Fund 77,334 114 Benefits&Training 2,632 702 Sewer Fund 14,558 131 Finance 160 703 Storm Drainage Fund 28,606 133 Planning 8,203 Total Enterprise Fund 409,256 136 Public Safety Communications 1,447 137 Economic Development 141 803 Escrow Fund 7,664 150 Park Administration 2,515 806 SAC Agency Fund 37,275 151 Park Maintenance 30,449 807 Benefits Fund 16,542 153 Organized Athletics 3,387 812 Fleet Internal Service 80,293 154 Community Center 20,163 813 IT Internal Service 8,862 156 Youth Programs 17,266 814 Facilities Capital ISF 2,868 157 Special Events 3,750 815 Facilites Operating ISF 19,843 158 Senior Center 220 816 Facilites City Center ISF 57,608 162 Arts 2,460 817 Facilites Comm.Center ISF 37,309 163 Outdoor Center 352 Total Internal Service/Agency Funds 268,264 164 Park Rental Facilities 496 168 Arts Center 255 Report Total 1,707,199 180 Police 15,695 184 Fire 22,293 201 Street Maintenance 13,698 Total General Fund 888,770 301 CDBG 13,342 Total Special Revenue Fund 13,342 308 E-911 1,586 309 DWI Forfeiture 293 502 Park Development 8,560 509 CIP Fund 2,490 522 Improvement Projects 2006 3,726 529 Shady Oak Rd-CR 61 South 99,376 530 Pool Upgrade/Expansion 531 Eden Prairie Road 3,631 536 General LRT 521 534 WEST 70TH ST.EXTENSION 7,383 Total Capital Projects Fund 127,566 City of Eden Prairie Council Check Register 10/20/2015 Check# Amount Supplier/Explanation Account Description Business Unit Comments 5551 730,000 GENESIS EMPLOYEE BENEFITS,INC HSA-Employer Health and Benefits 5552 110,763 GENESIS EMPLOYEE BENEFITS,INC Disability Ins Employers Health and Benefits 5553 49,723 GENESIS EMPLOYEE BENEFITS,INC HSA Health and Benefits 241515 40,978 CITY OF BROOKLYN CENTER Tuition Reimbursement/School Police 241516 37,458 AAA LAMBERTS LANDSCAPE PRODUCTS INC Landscape Materials/Supp Storm Drainage 241517 36,902 ABDEL MARK AR Utility Water Enterprise Fund 241518 28,328 ACCOUNTEMPS Other Contracted Services Community Center Admin 241519 26,919 ACTION FLEET INC Equipment Parts Fleet Operating 241520 25,346 ADVANCED PUBLIC SAFETY INC Software Maintenance IT Operating 241522 20,996 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 241523 19,200 ANCOM COMMUNICATIONS INC Equipment Repair&Maint Public Safety Communications 241524 15,407 ANDERSON DONALD AR Utility Water Enterprise Fund 241525 15,211 ANDERSON JOHN AR Utility Water Enterprise Fund 241526 15,201 ANDERSON ROGER AR Utility Water Enterprise Fund 241527 14,407 ARMSTRONG,EDWARD AR Utility Water Enterprise Fund 241528 13,381 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 241529 12,068 ASLIN THOMAS M AR Utility Water Enterprise Fund 241530 11,932 AT&T MOBILITY Pager&Cell Phone Park Maintenance 241531 11,860 AVR INC Repair&Maim Supplies Street Maintenance 241532 11,725 BAUMGARTNER JOHN AR Utility Water Enterprise Fund 241533 10,845 BECK NICHOLE AR Utility Water Enterprise Fund 241534 10,342 BECKER MATT AR Utility Water Enterprise Fund 241535 10,071 BECKMAN CORY AR Utility Water Enterprise Fund 241536 10,030 BELL PATRICK AR Utility Water Enterprise Fund 241537 9,745 BISMARK MICHAEL AR Utility Water Enterprise Fund 241538 9,689 BITZER ANITA AR Utility Water Enterprise Fund 241539 9,000 BOB BARKER COMPANY Equipment Repair&Maint Police 241540 8,816 BOEHMER MOLLY AR Utility Water Enterprise Fund 241541 8,701 BOURNOUR FERAIDOON AR Utility Water Enterprise Fund 241542 8,591 BRAKEL MARTY AR Utility Water Enterprise Fund 241543 8,241 BREHMER RANDALL AR Utility Water Enterprise Fund 241544 8,118 BREITENBUCHER JAMES AR Utility Water Enterprise Fund 241545 8,091 BROBERG JEFF AR Utility Water Enterprise Fund 241546 8,070 BROSTROM WAYNE AR Utility Water Enterprise Fund 241547 8,000 BROWN DON AR Utility Water Enterprise Fund 241548 7,706 BUSHARD DOUG AR Utility Water Enterprise Fund 241549 7,500 BUSHMAN JELL AR Utility Water Enterprise Fund 241550 7,404 CAMMCK SUZANNE AR Utility Water Enterprise Fund 241551 7,397 CARLSON NATHAN D AR Utility Water Enterprise Fund 241552 7,357 CASHMAN JESSE AR Utility Water Enterprise Fund 241553 6,905 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 241554 6,430 CENTURYLINK Telephone IT Telephone 241555 6,124 CHRISTENSEN LISA AR Utility Water Enterprise Fund 241556 6,068 COLLINS CAL AR Utility Water Enterprise Fund 241557 6,010 COMCAST Cable TV Fire Check# Amount Supplier/Explanation Account Description Business Unit Comments 241558 5,958 COMCAST Wireless Subscription IT Operating 241559 5,855 COMCAST Equipment Repair&Maint E-911 Program 241560 5,444 COMCAST Other Contracted Services Public Safety Communications 241561 5,182 COMCAST Cable TV Fire 241562 5,181 CRETEX CONCRETE PRODUCTS MIDWEST INC Repair&Maim Supplies Storm Drainage 241563 5,111 CUB FOODS EDEN PRAIRIE Miscellaneous Heritage Preservation 241564 5,007 DAVIS MARSHALL AR Utility Water Enterprise Fund 241565 4,868 DEERING CURTIS AR Utility Water Enterprise Fund 241566 4,800 DEGONDA BARBARA AR Utility Water Enterprise Fund 241567 4,670 DIBIAS DEAN AR Utility Water Enterprise Fund 241568 4,233 DIRECTV Cable TV Community Center Admin 241569 4,230 DISPLAY SALES Other Contracted Services Park Acquisition&Development 241570 3,885 DODGE,CHRISTIE Deposits-P&R Refunds Community Center Admin 241571 3,850 DUNFORD MICHAEL AR Utility Water Enterprise Fund 241572 3,842 DUNHAM CLIFFORD AR Utility Water Enterprise Fund 241573 3,583 EARL F ANDERSEN INC Signs Storm Drainage 241574 3,476 EDEN PRAIRIE SCHOOL Printing Arts Center 241575 3,116 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Police 241576 3,000 ERICKSON,GIZELLE Operating Supplies Theatre Initiative 241577 2,968 ERICKSON,TERRY AR Utility Water Enterprise Fund 241578 2,870 FAHEY,MATT L Other Contracted Services Fall Harvest 241579 2,868 FARRINGTON RYAN AR Utility Water Enterprise Fund 241580 2,868 FEDERAL SIGNAL CORPORATION Equipment Repair&Maint Emergency Preparedness 241581 2,825 FLEET MAINTENANCE INC Equipment Parts Fleet Operating 241582 2,658 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 241583 2,508 FOSTNER GARY AR Utility Water Enterprise Fund 241584 2,507 FREIBERG MARK Conference/Training Heritage Preservation 241585 2,462 Gelling Matthew Deposits-P&R Refunds Community Center Admin 241586 2,450 GENERAL OFFICE PRODUCTS COMPANY Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 241587 2,388 GENERAL PARTS LLC Supplies-Electrical Garden Room Repairs 241588 2,345 GERTENS Landscape Materials/Supp Purgatory Creek Park 241589 2,291 GILBERTSON ROBERT AR Utility Water Enterprise Fund 241590 2,284 GIRARD'S BUSINESS SOLUTIONS INC Equipment Repair&Maint General Fund 241591 2,245 GLASS &MIRROR OUTLET INC Contract Svcs-General Bldg Fire Station#3 241592 2,128 GOPHER PERFORMANCE Operating Supplies Fitness Classes 241593 2,111 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 241594 2,081 GRAYMONT Treatment Chemicals Water Treatment Plant 241595 1,990 HANSON LEAH AR Utility Water Enterprise Fund 241596 1,979 HARDIN JANICE AR Utility Water Enterprise Fund 241597 1,963 HEDLUND,DEBORAH AR Utility Water Enterprise Fund 241598 1,952 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 241599 1,937 HENNESSY KARLA AR Utility Water Enterprise Fund 241600 1,916 HEYER MARK AR Utility Water Enterprise Fund 241601 1,875 HICKS GEORGE AR Utility Water Enterprise Fund 241602 1,843 HINDANOV DMITRY AR Utility Water Enterprise Fund 241603 1,833 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 241604 1,815 HUBENY JANELLE AR Utility Water Enterprise Fund 241605 1,746 HUMFELD KURTIS AR Utility Water Enterprise Fund 241606 1,737 HUSTED ERICA AR Utility Water Enterprise Fund 241607 1,657 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 241608 1,638 J H LARSON COMPANY Equipment Repair&Maint Water Treatment Plant 241609 1,620 JACOBS MICHAEL AR Utility Water Enterprise Fund 241610 1,567 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 241611 1,567 JOHANDER DAN AR Utility Water Enterprise Fund 241612 1,536 JOHNSON BRIAN AR Utility Water Enterprise Fund 241613 1,530 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 241614 1,512 JOHNSON ERIC AR Utility Water Enterprise Fund 241615 1,500 JOHNSON MICHAEL AR Utility Water Enterprise Fund 241616 1,496 JOHNSON,E A AR Utility Water Enterprise Fund 241617 1,445 JONES &BARTLETT LEARNING LLC Tuition Reimbursement/School Fire 241618 1,372 JUBERT RICHARD AR Utility Water Enterprise Fund 241619 1,349 KALAR TARA Conference/Training Heritage Preservation 241620 1,317 KALLEVIG JEFF AR Utility Water Enterprise Fund 241621 1,278 KAUFMANN NANCY AR Utility Water Enterprise Fund 241622 1,225 KERBER ELLEN AR Utility Water Enterprise Fund 241623 1,205 KERNS ELIZABETH Deposits-P&R Refunds Community Center Admin 241624 1,200 KIMES STEVEN AR Utility Water Enterprise Fund 241625 1,190 KOCOUREK,JOAN Clothing&Uniforms Police 241626 1,190 KRAFT,MATTHEW E Operating Supplies Theatre Initiative 241627 1,165 KREBS DAMES AR Utility Water Enterprise Fund 241628 1,117 LADEN MIKE AR Utility Water Enterprise Fund 241629 1,103 LAI NHU TUYET AR Utility Water Enterprise Fund 241630 1,098 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#3 241631 1,075 LAKELAND ENGINEERING EQUIP CO Equipment Parts Water Treatment Plant 241632 1,047 LAVAN FLOOR COVERING Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 241633 1,023 LEAPALDT ARLYNN AR Utility Water Enterprise Fund 241634 1,004 LIU JIE AR Utility Water Enterprise Fund 241635 1,000 MA TWETEN INC AR Utility Water Enterprise Fund 241636 986 MALONEY JEFF AR Utility Water Enterprise Fund 241637 976 MANCINI KIMBERLY AR Utility Water Enterprise Fund 241638 967 MARTIN-MCALLISTER Employment Support Test Fire 241639 935 MASON GREG AR Utility Water Enterprise Fund 241640 922 MASTER CRAFT LABELS INC Operating Supplies Emergency Preparedness 241641 912 MBFTE Dues&Subscriptions Fire 241642 904 MCHALE JACLYN AR Utility Water Enterprise Fund 241643 900 MCMURTRY JOHN AR Utility Water Enterprise Fund 241644 899 MELBYE MARGARET AR Utility Water Enterprise Fund 241645 887 MERCER MARIA Deposits-P&R Refunds Community Center Admin 241646 874 METTERT GRETCHEN L AR Utility Water Enterprise Fund 241647 863 MHSRC/RANGE Tuition Reimbursement/School Police 241648 861 MICHLIN STEVEN AR Utility Water Enterprise Fund 241649 834 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Den Road Liquor Store 241650 820 MILLER EDWARD AR Utility Water Enterprise Fund 241651 779 MILLER PATRICIA AR Utility Water Enterprise Fund 241652 750 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 241653 726 MINNESOTA TROPHIES &GIFTS Operating Supplies Police 241654 725 MINT CONDITION DETAILING INC Repair&Maim Supplies Water Treatment Plant 241655 700 MOKAMBA DANNA AR Utility Water Enterprise Fund 241656 688 MONDEEL KRIS AR Utility Water Enterprise Fund 241657 684 NAC Equipment Repair&Maint Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 241658 655 NAGEL MICHAEL AR Utility Water Enterprise Fund 241659 650 NORELL RICHARD AR Utility Water Enterprise Fund 241660 642 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 241661 625 OCWEN FINANCIAL AR Utility Water Enterprise Fund 241662 592 OKULJA ADEPRO Deposits-P&R Refunds Community Center Admin 241663 591 Olson Patricia D Deposits-P&R Refunds Community Center Admin 241664 570 ONE2ONE MARKETING,INC. Fire Prevention Supplies Fire 241665 560 OXYGEN SERVICE COMPANY EMS Supplies Fire 241666 559 PALMATEER SCOTT AR Utility Water Enterprise Fund 241667 550 PARRAGUE DARLA AR Utility Water Enterprise Fund 241668 548 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 241669 521 PENTEADO FRED AR Utility Water Enterprise Fund 241670 521 PERRY ERIC AR Utility Water Enterprise Fund 241671 521 PETERSON B A AR Utility Water Enterprise Fund 241672 518 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 241673 505 PINNACLE DISTRIBUTING Liquor Product Received Den Road Liquor Store 241674 500 PITNEY BOWES Postage Customer Service 241675 488 POWAGA KENNETH AR Utility Water Enterprise Fund 241676 481 POWERS CHARICE AR Utility Water Enterprise Fund 241677 466 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Fitness Center 241678 464 RAMSWICK KELLY AR Utility Water Enterprise Fund 241679 447 READY WATT ELECTRIC Equipment Repair&Maint Emergency Preparedness 241680 445 RITZINGER GEORGE AR Utility Water Enterprise Fund 241681 437 RODENZ,SANDRA K Operating Supplies Theatre Initiative 241682 420 ROFIDAL KEVIN AR Utility Water Enterprise Fund 241683 405 ROLL JEFF AR Utility Water Enterprise Fund 241684 402 SALENGER KEITH AR Utility Water Enterprise Fund 241685 401 SANDHU KARAMJEET AR Utility Water Enterprise Fund 241686 397 SCHAAF FREDRICK AR Utility Water Enterprise Fund 241687 371 SCHULZ MIKE AR Utility Water Enterprise Fund 241688 371 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 2006 241689 371 SIELING MEGAN AR Utility Water Enterprise Fund 241690 360 SIGNSOURCE Building CmtyCtr Pool Upgrade/Expansion 241691 353 SMALKOSKI JAVOB AR Utility Water Enterprise Fund 241692 350 SMITH DALE AR Utility Water Enterprise Fund 241693 348 SMITH ROBERT AR Utility Water Enterprise Fund 241694 347 SOCCER SHOTS Instructor Service Preschool Events 241695 325 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Den Road Liquor Store 241696 325 SPORTS UNLIMITED Instructor Service Camps 241697 324 STAPLES ADVANTAGE Office Supplies Police 241698 321 STARKRETE,LLC Other Contracted Services Riley Lake 241699 319 STUART GEORGE AR Utility Water Enterprise Fund 241700 318 SUTHERLAND GEMA AR Utility Water Enterprise Fund 241701 316 TAFFE ROBERT AR Utility Water Enterprise Fund 241702 316 THIELEN JONATHAN AR Utility Water Enterprise Fund 241703 315 THOMPSON KATHERINE AR Utility Water Enterprise Fund 241704 314 THORNBERG SHERYL AR Utility Water Enterprise Fund 241705 306 TIEBEN JOEL AR Utility Water Enterprise Fund 241706 305 TROSKE MARK AR Utility Water Enterprise Fund 241707 300 TURNER JUDD AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 241709 299 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball 241710 298 USA INFLATABLES Other Contracted Services Fall Harvest 241711 296 VEZZETTI,EUGENE AR Utility Water Enterprise Fund 241712 293 WATER CONSERVATION SERVICES INC OCS-Leak Detection Water System Maintenance 241713 291 WEIGAND MELISSA AR Utility Water Enterprise Fund 241714 280 WELLS FARGO BANK,N A Other Contracted Services Police 241715 275 WENKUS EVAN AR Utility Water Enterprise Fund 241716 274 WICK KATHRYN AR Utility Water Enterprise Fund 241717 272 WICKLUND,BRIAN Other Contracted Services Fall Harvest 241718 270 WILSEY SHANNON Deposits Community Center Admin 241719 267 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 241720 263 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 241721 263 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 241722 259 WOLFE BLANCHE AR Utility Water Enterprise Fund 241723 259 XIGENT SOLUTIONS LLC Other Contracted Services IT Operating 241724 258 YU LOVI AR Utility Water Enterprise Fund 241725 257 FIRE SAFETY USA INC Autos Capital Impr/Maint Fixed 241726 257 PETTY CASH Operating Supplies Senior Center Programs 241727 250 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maim City Hall-CAM 241728 246 ACCOUNTEMPS Other Contracted Services Community Center Admin 241729 227 AGGREGATE INDUSTRIES Asphalt Overlay Water System Maintenance 241730 224 ALEX AIR APPARATUS INC Equipment Repair&Maint Fire 241731 222 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 241732 222 AQUA LOGIC INC Repair&Maim Supplies Round Lake 241733 221 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 241734 220 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 241735 218 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 241736 214 BEAUVAIS CLARENCE AR Utility Water Enterprise Fund 241737 214 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 241738 213 BLOOMINGTON,CITY OF Kennel Services Animal Control 241739 207 BLUESTEM HERITAGE GROUP Other Contracted Services Park Acquisition&Development 241740 206 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 241741 204 CARVER COUNTY LICENSE CENTER Autos Police 241742 204 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 241743 199 CENTURYLINK Telephone IT Operating 241744 190 COMCAST Other Contracted Services Police 241745 184 COMMERCIAL ASPHALT CO Asphalt Overlay Capital Maim&Reinvestment 241747 184 CONSTRUCTION MATERIALS INC Building Materials Street Maintenance 241748 179 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 241749 178 DIRECTV Other Contracted Services Police 241750 170 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 241751 167 DSS COMMERCIAL INC Building Permits General Fund 241752 166 E A SWEEN COMPANY Merchandise for Resale Concessions 241753 165 EARL F ANDERSEN INC Operating Supplies Community Center Admin 241754 165 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Police 241755 165 ENKI BREWING COMPANY INC Liquor Product Received Prairie Village Liquor Store 241756 165 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating 241757 164 FISERV INC Bank and Service Charges Water Accounting 241758 164 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 241759 164 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comments 241760 160 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 241761 160 GPRS Conference/Training Human Resources 241762 156 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 241763 156 GRAYMONT Treatment Chemicals Water Treatment Plant 241764 153 GW LAND DEVELOPMENT OF MINNESOTA Deposits Escrow 241765 153 H&L MESABI Equipment Parts Fleet Operating 241766 152 HAMMEL,GREEN AND ABRAHAMSON Building CmtyCtr Pool Upgrade/Expansion 241767 151 HD SUPPLY WATERWORKS LTD Small Tools Water System Maintenance 241768 150 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 241769 146 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 241770 145 HOISINGTON KOEGLER GROUP INC Other Contracted Services Planning 241771 142 HOME DEPOT CREDIT SERVICES Supplies-HVAC Prairie Village Liquor Store 241772 141 IDCSERVCO Operating Supplies Community Center Admin 241773 140 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 241774 138 INGBER,PEGGY&DAVID Refunds Environmental Education 241775 136 J H LARSON COMPANY Repair&Maim Supplies Miller Park 241776 135 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 241777 134 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 241778 132 KAUFFMAN JUANITA Refunds Environmental Education 241779 130 KEE ACTION SPORTS Training Supplies Police 241780 125 KEEPRS INC. Clothing&Uniforms Fire 241781 120 LAKE COUNTRY DOOR LLC Equipment Repair&Maint Water Treatment Plant 241782 120 LANO EQUIPMENT INC Equipment Parts Fleet Operating 241783 118 LOTTHAMMER,JAY Conference/Training Parks Administration 241784 117 MAC GIBBON,PATRICE Deposits-P&R Refunds Community Center Admin 241785 115 MANSFIELD OIL COMPANY Repair&Maint.Supplies Water Treatment Plant 241786 115 MEALS ON WHEELS Other Contracted Services Rehab 241787 115 METRO TRANSIT Design&Engineering General LRT 241788 114 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 241789 112 MID AMERICA FESTIVALS Deposits Escrow 241790 112 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 241791 111 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 241792 111 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 241793 111 MINNESOTA WANNER COMPANY Landscape Materials/Supp Street Maintenance 241794 110 NAC Contract Svcs-HVAC City Hall-CAM 241795 109 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 241796 109 PARK JEEP INC Equipment Parts Fleet Operating 241797 106 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 241798 105 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 241799 105 PRAIRIE RESTORATIONS INC Other Contracted Services Community Center 241800 105 PROP Refunds CDBG-Public Service 241801 105 PROP Other Contracted Services Rehab 241802 105 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Fitness Center 241803 105 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Hall-CAM 241804 104 RETROFIT COMPANIES,INC,THE Supplies-Electrical City Hall-CAM 241805 103 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Conference/Training Fire 241806 103 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 241807 102 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 241808 102 STAPLES ADVANTAGE Office Supplies Customer Service 241809 101 STUHR DARRIN Refunds Storm Drainage Check# Amount Supplier/Explanation Account Description Business Unit Comments 241810 100 SUBURBAN UTILITIES SUPERINTENDENTS ASSOC Tuition Reimbursement/School Water Treatment Plant 241811 100 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 241812 100 TALKPOINT TECHNOLOGIES INC Equipment Repair&Maint E-911 Program 241813 100 THYMES TWO INC Contract Svcs-Lawn Maim Den Bldg.-CAM 241814 97 TURFWERKS Equipment Parts Fleet Operating 241815 95 TWIN CITIES FANTASY FACTORY LLC Other Contracted Services Camps 241816 90 VERIZON WIRELESS Telephone Park Maintenance 241817 90 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 241818 87 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 241819 87 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store 241820 85 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 1012116 80 BOUNDLESS NETWORK Operating Supplies Community Center Admin 1012117 80 BRAUN INTERTEC CORPORATION Other Contracted Services Capital Maim&Reinvestment 1012118 80 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 1012119 80 CREAMER,LORI Travel Expense Heritage Preservation 1012120 80 DANHAUSER,LINDSEY Mileage&Parking Arts 1012121 80 DAY DISTRIBUTING Liquor Product Received Den Road Liquor Store 1012122 80 DEZENSKI,JEFFREY AR Utility Water Enterprise Fund 1012123 80 EXTREME BEVERAGE Liquor Product Received Den Road Liquor Store 1012124 80 GL SPORTS CAMPS,LLC Instructor Service Camps 1012125 79 GROVES,TODD Travel Expense Police 1012126 77 JOHN DEERE LANDSCAPES/LESCO Building Park Maintenance 1012127 75 JOHNSTONE SUPPLY Small Tools Facilities Staff 1012129 75 LAURSEN,ANTHONY Tuition Reimbursement/School Fire 1012130 74 LUNDGREN,CAROL Tuition Reimbursement/School Organizational Services 1012131 73 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1012132 73 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 1012133 72 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 1012134 72 SLETTEN,DAN Travel Expense IT Operating 1012135 71 STEEN,JEFFREY Mileage&Parking Park Maintenance 1012136 71 STREIFF,CHAD Travel Expense Police 1012137 70 VAN PAPER COMPANY Cleaning Supplies City Hall-Direct Costs 1012138 70 VANDENBERGHE,MARK Operating Supplies Fire 1012139 69 VINOCOPIA Liquor Product Received Den Road Liquor Store 1012140 66 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 1012141 65 WILSON,JOHN D. Tuition Reimbursement/School Police 1012142 64 A-SCAPE INC Contract Svcs-Lawn Maim Fire Station#2 1012143 64 ASPEN EQUIPMENT CO. Equipment Repair&Maint Fleet Operating 1012144 63 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1012145 60 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment Plant 1012146 58 COMPRESSED AIR CONCEPTS LLLC Contract Svcs-General Bldg Public Works/Parks 1012147 57 GINA MARIAS INC Operating Supplies Reserves 1012148 55 GRAINGER Supplies-HVAC Water Treatment Plant 1012149 55 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1012150 55 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 1012151 53 KIDS TEAM TENNIS LLC Instructor Service Tennis 1012152 52 LYNN PEAVEY COMPANY Operating Supplies Police 1012153 52 MENARDS Asphalt Overlay Fitness/Conference-Crary Ctr 1012154 51 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1012155 50 MTI DISTRIBUTING INC Machinery&Equipment Park and Recreation Check# Amount Supplier/Explanation Account Description Business Unit Comments 1012156 50 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 1012157 50 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 1012158 49 POMP'S TIRE SERVICE INC Tires Fleet Operating 1012159 49 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 1012160 48 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 1012161 48 SPRINT Computers IT Operating 1012162 47 SRF CONSULTING GROUP INC Design&Engineering Storm Drainage 1012163 46 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Treatment Plant 1012164 45 STREICHERS Clothing&Uniforms Police 1012165 44 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 1012166 44 TWIN CITY FILTER SERVICE INC Repair&Maim Supplies Water Treatment Plant 1012167 43 UPS Postage Public Safety Communications 1012168 40 WALL TRENDS INC Contract Svcs-Garden Romm Garden Room Repairs 1012169 37 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 1012170 36 XCEL ENERGY Electric Prairie Village Liquor Store 1012171 36 KUFFEL,RYAN Travel Expense Police 1012172 35 LINDAHL,DAVID Travel Expense Economic Development 1012173 34 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 1012174 33 CMI INC Miscellaneous DWI Forfeiture 1012175 32 CUSTOM HOSE TECH Equipment Repair&Maint Fleet Operating 1012176 32 DAY DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1012177 32 EXTREME BEVERAGE Liquor Product Received Prairie Village Liquor Store 1012178 31 FASTENAL COMPANY Equipment Parts Fleet Operating 1012179 31 GREENSIDE INC Contract Svcs-Lawn Maim City Hall-CAM 1012180 29 JOHN DEERE LANDSCAPES/LESCO Building Park Maintenance 1012181 28 KAPAUN,RYAN Tuition Reimbursement/School Police 1012182 27 KLIMA,JULIE Mileage&Parking Planning 1012183 27 KOTCHEVAR,SUSAN Mileage&Parking Finance 1012184 26 METROPOLITAN FORD Equipment Parts Fleet Operating 1012185 26 MEUWISSEN,JESSICA Tuition Reimbursement/School Fire 1012186 25 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Public Works/Parks 1012187 25 PAUL'S TWO-WAY RADIO Equipment Repair&Maint Public Safety Communications 1012188 24 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1012189 24 ROSE,ALECIA Mileage&Parking Human Resources 1012190 24 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 1012191 23 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 1012192 23 VAN PAPER COMPANY Cleaning Supplies Park Shelters 1012193 23 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1012194 23 VOSBEEK,PETER Conference/Training Police 1012195 23 A TO Z RENTAL CENTER Equipment Parts Fleet Operating 1012196 22 ASPEN WASTE SYSTEMS INC. Waste Disposal Water Treatment Plant 1012197 21 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 1012198 21 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1012199 20 BIFFS INC Waste Disposal Park Maintenance 1012200 20 CDW GOVERNMENT INC. Miscellaneous IT Operating 1012201 20 CENTERPOINT ENERGY Gas Sewer Liftstation 1012202 20 DAIKIN APPLIED Contract Svcs-HVAC City Hall-CAM 1012203 19 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 1012204 18 DIVERSE BUILDING MAINTENANCE Tenant 1-Janitor Service Prairie Village Liquor Store 1012205 18 GRAFIX SHOPPE Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 1012206 18 GRAINGER Supplies-Fire/Life/Safety City Center Operations 1012207 18 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Maintenance 1012208 17 HAWKINS INC Treatment Chemicals Water Treatment Plant 1012209 17 LANDS END CORPORATE SALES Clothing&Uniforms Police 1012210 16 MENARDS Small Tools Police 1012211 16 METRO ELEVATOR INC Contract Svcs-Elevator City Hall-CAM 1012212 15 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1012213 15 MINNESOTA EQUIPMENT Equipment Repair&Maint Park Maintenance 1012214 12 MINNESOTA RECREATION&PARK ASSOCIATION Operating Supplies Softball 1012215 12 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1012216 11 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1012217 10 NORCOSTCO Operating Supplies Theatre Initiative 1012218 10 NUCO2 INC Supplies-Pool Pool Maintenance 1012219 9 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof Fire Station#2 1012220 9 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 1012221 8 PRAIRIE ELECTRIC COMPANY Other Contracted Services Facilities Capital 1012222 8 SHERWIN WILLIAMS CO Operating Supplies Water Treatment Plant 1012223 7 ST CROIX ENVIRONMENTAL INC Other Contracted Services Water Wells 1012224 7 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1012225 6 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 1012226 6 USA SECURITY Maintenance Contracts Water Treatment Plant 1012227 6 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters 1012228 6 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 1012229 5 XCEL ENERGY Electric Forest Hills Park 1012230 5 ZIEGLER INC Equipment Repair&Maint Fleet Operating 1,707,199 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances & Resolutions October 20, 2015 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: XLA. Approval of ordinance revising Chapter 5 and Section 2.33 of the City Code relating to massage licensing. Requested Action Move to: Approve the first reading of an ordinance amending City Code Chapter 5 and Section 2.33 relating to massage licensing. Synopsis The attached ordinance updates the existing language in the Code relating to massage licensing, revising the procedures and updating the regulations to address concerns from the Police Department relating to enforcement. The Code currently provides for the licensing of massage therapists and massage enterprises. This ordinance updates accreditation requirements, clarifies and updates prohibited activities, provides additional requirements to qualify for licensing, and provides additional exemptions from the license requirement. In addition, the ordinance revises the procedures for issuance, renewal and suspension/revocation. The ordinance provides that initial applications are reviewed by the Police Department and then approved or denied by the Council. Renewal applications are reviewed by the Police Department and then approved or denied by the Chief of Police. The Chief of Police's decision may be appealed which involves a hearing before an impartial hearing officer and a final decision by the City Manager. Suspension/revocation is initially determined by the Chief of Police. As with renewals, the Chief of Police's decision may be appealed which involves a hearing before an impartial hearing officer and a final decision by the City Manager. The ordinance also amends City Code Section 2.33 to provide authority for background checks for applicants for massage licenses. Attachments Ordinance Redlined Code Section CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.33 RELATING TO AUTHORITY TO CONDUCT BACKGROUND CHECKS; AMENDING CITY CODE CHAPTER 5 BY AMENDING SECTION 5.46 RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 2, Section 2.33, Subd. 3 A is amended by deleting the word "and" at the end of number 4; inserting a new number 5 which reads as follows; and renumbering the rest of the section appropriately: 5. Licensing under City Code Section 5.46 relating to Therapeutic Massage Enterprises and Therapists Regulation; and Section 2. City Code Chapter 5, Section 5.46, Subd. 2 C, the definition for "Accredited Institution", is amended by inserting the following phrase at the end of the sentence: ", or licensed by the Minnesota Office of Higher Education". Section 3. City Code Chapter 5, Section 5.46, Subd. 2 D, the definition for "Accredited Program", is amended by deleting the following phrase: "the International Massage and Somatic Therapies Accreditation Council (IMSTAC),". Section 4. City Code Chapter 5, Section 5.46, Subd. 2 is amended by inserting a new G, a definition for"Immediate Family Member", to read as follows and re-lettering the remainder of the subdivision appropriately: G. Immediate Family Member — spouse, domestic partner, cohabitant, child, stepchild, grandchild, parent, stepparent, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, great grandparent, brother, sister, half-brother, half- sister, stepsibling, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, or first cousin (that is, a child of an aunt or uncle). Section 5. City Code, Chapter 5, Section 5.46, Subd. 2 is amended by inserting a new L a definition for "License Fee" to read as follows and re-lettering the remainder of the subdivision appropriately: L. License fee" - the money paid to the City upon approval of an application and prior to issuance of a license to transact and carry on the business stated 1of9 therein. Section 6. City Code Chapter 5, Section 5.46, Subd. 2 newly re-lettered H, the definition for "Massage", is amended by inserting the following phrase at the end of the sentence: ";provided these acts are not committed with sexual intent". Section 7. City Code Chapter 5, Section 5.46, Subd. 2 newly re-lettered K, the definition for "Person(s)", is amended by inserting the phrase ", limited liability company" after the word "corporation". Section 8. City Code Chapter 5, Section 5.46, Subd. 4 C. and 5 A. are amended by changing the phrase "therapist license" to Massage Therapist license. Section 9. City Code Chapter 5, Section 5.46, Subd. 4 C. is amended by (i) changing the title to "License, Applicant and Investigation Fees."; (ii) inserting in the second to the last sentence the word "license," following the word "All"; and (iii) adding the following sentence at the end of the paragraph: "Upon approval of an application whether initial or renewal, the license fee shall be paid prior to issuance of the license." Section 10. City Code Chapter 5, Section 5.46, Subd. 4 is amended by deleting D and E and replacing them with D, E, F, and G to read as follows: D. Investigation. The City is empowered to conduct any and all investigations to verify the information on applications and renewal applications submitted under this Section, including but not limited to ordering a criminal history check pursuant to City Code Section 2.33. E. Consideration and Issuance. After the information on the application has been verified by the City pursuant to subsection D above, an initial application for a license under this Section shall be presented to the City Council for issuance or denial. The City Council may deny a license on the same grounds as a license may be suspended or revoked as set forth in Subdivision 9 of this Section. A denial of an application shall be communicated to the applicant in writing, including findings and conclusions supporting the decision. The notice of denial shall be mailed by regular mail to the licensee at address listed on the application. Upon approval of an application and payment of the license fee, the City shall issue and mail a license certificate to the applicant at the address noted in the application. F. Term of License. Licenses issued under this Section shall expire on December 31 of each year. 2of9 G. Renewal of License. Applications for renewal of all licenses issued under this Section shall be made at least sixty (60) days prior to the date of expiration of the license and shall contain such information as is required by the City. After the information on the renewal application has been verified by the City pursuant to subsection D above, a renewal application for a license under this Section shall be presented to the Chief of Police for issuance or denial. The Chief of Police may deny renewal of a license on the same grounds as a license may be suspended or revoked as set forth in Subdivision 9 of this Section. A denial of a renewal application shall be communicated to the applicant in writing, including findings and conclusions supporting the decision. The notice of denial shall be mailed by regular mail to the licensee at address listed on the renewal application. A licensee may appeal a non-renewal by submitting a hearing request to the Chief of Police within ten (10) days of the date of the City's notice of non-renewal. If a hearing request is not received by the City within ten (10) days of the date contained in the notice, the licensee's right to a hearing shall be deemed waived. If a hearing is requested, the hearing shall be held in accordance with the procedures set forth in Subdivision 9 (B) (2) and 9 (B) (3) of this Section. Upon approval of a renewal application, the City shall issue and deliver a license certificate to the applicant at the address noted in the renewal application. Section 11. City Code Chapter 5, Section 5.46, Subd. 5 is amended by deleting C in its entirety and replacing it with the following: C. Lease/Property Deed Requirements. Each applicant for a therapeutic massage enterprise license shall file with the City a copy of the lease or property deed for the location at which the business will operate. Section 12. City Code Chapter 5, Section 5.46, Subd. 5 is amended by deleting D in its entirety and replacing it with the following: D. Manager or Agent. If the applicant is a firm, association, partnership, corporation, limited liability company, or joint venture, the application shall include the name of the person who will serve as the manager or agent of the licensed premises. Such manager or agent shall, by the terms of his written consent, (1) take full responsibility for the conduct of the licensed premises, and (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation and other attributes would meet the standards established in Subd. 6(A) of this Section. A licensee shall notify the City in writing within 15 days of any change in such manager or agent indicating the name and address of the new manager or agent and the effective date of such change. Section 13. City Code Chapter 5, Section 5.46, Subd. 5 E is amended by inserting the heading 3of9 "Change of Information." at the beginning of the sentence. Section 14. City Code Chapter 5, Section 5.46, Subd. 6 A 1 is amended by deleting the word "or" at the end of (f), replacing the period at the end of (g) with a semicolon and inserting new provisions (h) through (1) to read as follows: (h) Has had an interest in, or has persons investing in, the business, building, premises, fixture, furniture or equipment that had an interest in, as an individual or as part of a firm, association, partnership, corporation, limited liability company, or joint venture, a massage-related license that was revoked or suspended within the last five (5) years of the date the license application is submitted to the City; (i) Is the Immediate Family Member of a person whose massage-related license has been suspended or revoked in the past five (5) years; (j) Has been denied a therapeutic massage enterprise license by the City within one (1) year of the date of the license application; (k) Does not provide all information required by the application or such other information as the Issuing Authority or City Council may require; or (1) Does not have one (1) or more Massage Therapists employed by or affiliated with the therapeutic massage enterprise who is licensed by the City at the time the therapeutic massage license is issued. Section 15. City Code Chapter 5, Section 5.46, Subd. 6 A 2 (a) is amended by inserting the phrase "by a person having an interest in the property", in the second sentence after the phrase "suit has been commenced". Section 16. City Code Chapter 5, Section 5.46, Subd. 6 B 1 (f) is amended by inserting the phrase "or a Salon licensed by the State pursuant to Minnesota State Statute 155A.29" at the end of the sentence. Section 17. City Code Chapter 5, Section 5.46, Subd. 6 B 1 (h) is amended by replacing the word "four" with the word "six"; the number "400" with the number "600"; the word "(two)" with the number "(2)"; and replacing the period at the end with a semicolon. Section 18. City Code Chapter 5, Section 5.46, Subd. 6 B 1 is amended by inserting new provisions (i) through (m) to read as follows: (i) Does not meet the definition of Massage Therapist in Subdivision 2 of this Section; (j) Had an interest in, individually or as part of a firm, association, 4of9 partnership, corporation, limited liability company, or joint venture, or has a massage-related license that was revoked or suspended within the last five (5) years of the date the license application is submitted to the City; (k) Is the Immediate Family Member of a person whose massage-related license has been suspended or revoked in the past five (5) years; (1) Has been denied a Massage Therapist license by the City within one (1) year of the date of the license application; or (m) Does not provide all information required by the license application or such other information as the Issuing Authority or City Council may require. Section 19. City Code Chapter 5, Section 5.46, Subd. 7 is deleted in its entirety and replaced with the following: Subd. 7. Exemptions. A. Neither a Therapeutic Massage Enterprise license nor a Massage Therapist license is required for the following persons and places: 1. Persons duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, provided the massage is administered in the regular course of the medical business and not provided as part of a separate and distinct massage business. 2. A person hired or employed by, and exclusively provides treatment on the premises of, a medical professional licensed under MN state statute chapter 147 or 148 or a dental professional licensed under MN State statute chapter 150A. A Massage Therapist operating under this exemption is not limited to providing treatment of patients of the medical or dental professional. 3. Persons duly licensed by this state as beauty culturists or barbers, provided such persons do not hold themselves out as giving massage treatments, and provided the massage by beauty culturists is limited to the head, hand, neck and feet, and the massage by barbers is limited to the head and neck. 4. Athletic trainers, certified by the National Association of Athletic Trainers (NAAT), when working with an amateur, semiprofessional or professional athlete or athletic team. 5. Students of an accredited institution who are performing massage 5of9 services in the course of a clinical component of an accredited program of study, provided that the students are performing the massage services at the location of the accredited institution and provided the students are identified to the public as students of massage therapy. Students of an accredited institution who are performing massage services at clinics or other facilities located outside of the accredited institution shall have at least one hundred fifty (150) hours of certified therapeutic massage training at the accredited institution prior to performing the therapy outside of the institution and shall be identified to the public as a student of massage therapy. 6. Persons providing "chair massage" are not required to obtain a therapeutic massage enterprise license / Massage Therapist license if the following requirements are met: a. The massage is provided in a place of business where the massage can easily be seen by any employee or visitor on the premises; b. The location does not hold a license to sell alcoholic beverages; c. Each recipient of a massage remains in an upright position, either sitting or standing; and d. Each recipient of a massage remains in the normal, daytime attire worn when entering the business and does not remove any clothing except outerwear, such as a coat or jacket. B. A therapeutic massage enterprise license is not required for the following places: 1. Places licensed by the State of Minnesota as a "Salon" pursuant to Minnesota State Statute 155A.29. 2. Places duly licensed or operating as a hospital, nursing home, hospice, sanitarium or group home established for the hospitalization or care of persons. Section 20. City Code Chapter 5, Section 5.46, Subd. 8 B is amended by inserting the phrase "within 15 days of such change" at the end of the second sentence. Section 21. City Code Chapter 5, Section 5.46, Subd. 8 D is amended by inserting the phrase "or a Salon licensed by the State pursuant to Minnesota State Statute 155A.29" at after the phrase "licensed by the City" and amending the phrase to "Subdivision 7" to "Subdivision 7". 6of9 Section 22. City Code Chapter 5, Section 5.46, Subd. 8 G 4 is amended by inserting the phrase "breast, anus," after the phrase "offer to massage the" and the phrase ", or commit any other act with sexual intent" at the end of the sentence. Section 23: City Code Chapter 5, Section 5.46, Subd. 8 H 4 is amended in its entirety as follows: Lockers. Either individual lockers or secured areas designated for storage shall be made available for use by employees and patrons for their personal items while on the premises. Section 24. City Code Chapter 5, Section 5.46, Subd. 8 is amended by inserting new provisions K through M to read as follows: K. Proof of Local Residency Required. In the case of a therapeutic massage enterprise, the licensee, managing partner or manager of the licensed premises must show proof of residency acceptable to the Issuing Authority in one of the following Minnesota counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Rice, Scott, Washington or Wright. In the case of a Massage Therapist, the licensee must show proof of residency acceptable to the Issuing Authority in one of the following Minnesota counties: Anoka, Carver, Dakota, Goodhue, Hennepin, Ramsey, Rice, Scott, Washington or Wright. L. Posting Rates. A therapeutic massage enterprise must post its service rates in a prominent place in the entrance or lobby of the business. M. Illegal Activities. A therapeutic massage enterprise licensee shall be strictly responsible for the conduct of the business, including conduct of any employee or agent of the licensee on the licensed Section 25. City Code Chapter 5, Section 5.46 is amended by deleting Subd. 9 in its entirety and renumbering the remainder of the Section appropriately. Section 26. City Code Chapter 5, Section 5.46, newly renumbered Subd. 9, entitled "Revocation or Suspension", section A 8 is amended by deleting the word "or" after the word "stimulants" and replacing it with a comma; and inserting the phrase "or synthetic drugs" after the word "tranquilizers". Section 27. City Code Chapter 5, Section 5.46, newly renumbered Subd. 9, entitled "Revocation or Suspension", section B is deleted in its entirety and replaced with the following: B. Notice and Appeal. 1. Notice. A revocation or suspension shall be preceded by written notice 7of9 from the Chief of Police or his or her designee to the licensee and an opportunity for a hearing. The notice shall state the nature of the violation(s) or grounds for suspension or revocation and shall inform the licensee of the licensee's right to request a hearing within ten (10) days of the date contained in the notice to dispute the suspension or revocation. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application. If a hearing request is not received by the City within ten (10) days of the date contained in the notice, the licensee's right to a hearing shall be deemed waived. No suspension or revocation of a license under this Section shall take effect until (a) the licensee's time to request a hearing expires; or (b) if a hearing is requested, after the licensee is informed of the decision of the City Manager. 2. Hearing. If a hearing is requested, the Chief of Police or his or her designee shall provide written notice to the licensee of the date, time and place of the hearing. The notice shall be served in the same manner as the initial notice. The notice shall be served no less than fifteen (15) day and no more than thirty (30) days prior to the hearing. The hearing shall be held by an impartial hearing officer who shall be appointed by the Chief of Police or his or her designee. Upon conclusion of the hearing, the hearing officer shall, within ten (10) days, make his or her recommendation to the City Manager in writing. If the hearing officer's recommendation is suspension or revocation, he or she shall include in the written recommendation his or her findings and conclusions supporting the decision. 3. Decision. Within thirty (30) days of receipt of the hearing officer's written recommendation, the City Manager shall make a decision on whether the license shall be suspended or revoked. The City Manager shall inform the licensee in writing of the decision, including findings and conclusions supporting the decision, within ten (10) days. No appeal is allowed to the City Council under Section 2.80 of the City Code from a decision of the City Manager under this Section. Section 28. City Code Chapter 5, Section 5.46, newly renumbered Subd. 10, entitled "Violation a Misdemeanor", is amended by inserting the word "this" before the word "Section"in the finals sentence. Section 29. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 30. This ordinance shall become effective from and after its passage and publication. 8of9 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 9of9 SECTION 5.46 THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION Subd.1. Findings of the Council The Council makes the following findings regarding the need to license therapeutic massage enterprises and therapists and to prohibit all other types of massage businesses and services to the public: A. Persons who have bona fide and standardized training in therapeutic massage, health and hygiene can provide a legitimate and necessary service to the general public. B. Health and sanitation regulations governing therapeutic massage enterprises and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. C. License qualifications for the restrictions on therapeutic massage enterprises and therapists can minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the community. D. Massage services provided by persons with no specialized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions and by increasing the risk of personal injury. E. Massage businesses which employ persons with no specialized and standardized training can tax City law-enforcement services, because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by persons with standardized training. F. The training of professional Massage Therapists at accredited institutions is an important means of ensuring the fullest measure of protecting the public health,safety and welfare. Subd.2. Definitions. As used in this Section, unless otherwise stated in specific sections, the following words and terms shall have the meanings stated: A. Applicant-any person making an application for a license under this Section. B Application - a form to be completed by the applicant as his or her request for a license, furnished by the City and required as a prerequisite to the consideration of the issuance of a license. C. Accredited Institution - an educational institution holding accredited status from the North Central Association of Colleges and Schools (NCA) or another regional accrediting agency approved by the United States Department of Education..., or licensed by the Minnesota Office of Higher Education. D. Accredited Program - a professional massage program accredited by the Commission on Massage Therapy Accreditation (COMTA)or a comparable national or regional organization that evaluates program compliance with quality and competency standards through a process of periodic review and self-study. E. Clean-the absence of dirt,grease, rubbish,garbage and other offensive, unsightly or extraneous matter. 1 F. Good repair - free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions and similar defects so as to constitute a good and sound condition. G. Immediate Family Member—spouse, domestic partner, cohabitant, child, stepchild, grandchild, parent,stepparent, mother-in-law,father-in-law,son-in-law,daughter-in-law,grandparent,great grandparent, brother, sister, half-brother, half-sister, stepsibling, brother-in-law, sister-in-law, aunt, uncle, niece, nephew,or first cousin (that is,a child of an aunt or uncle). H Massage - any method of pressure on, or friction against, or the rubbing, stroking, kneading, tapping, pounding, vibrating, stimulating or rolling of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations, provided these acts are not committed with sexual intent. I. Massage Therapist-an individual who practices or administers massage to the public. J. Operate-to own, manage or conduct,or to have control,charge or custody over. K. Person(s) - any individual, firm, association, partnership, corporation, limited liability company, joint venture or combination of individuals. L. License fee-the money paid to the City upon approval of an application and prior to issuance of a license to transact and carry on the business stated therein. Therapeutic Massage Enterprise - a person who operates a business which employs or hires therapeutic Massage Therapists licensed in accordance with this Section to provide massage to the public. The owner/operator of a therapeutic massage enterprise need not be licensed as a therapeutic Massage Therapist if he or she does not at any time practice or administer massage to the public. Within the City - includes physical presence, as well as telephone referrals, such as phone-a- massage operations, in which the business premises, although not physically located within the City, serves as a point of assignment of employees who respond to requests for services from within the City. Subd.3. License Required. A. Therapeutic Massage Enterprise License. It shall be unlawful for any person to operate, engage in or carry on, within the City, massage services for the public for consideration without first having obtained a license from the City pursuant to this Section. B. Massage Therapist License. It shall be unlawful for any individual to practice, administer or provide massage services to the public for consideration within the City without first having obtained a license from the City pursuant to this Section. Subd.4. License Applications A. Application. All applications for licenses issued under this Section shall be made on forms supplied by the City. All questions asked on, or information required by, the application forms shall be answered fully and completely by the applicant. 2 B. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application. Any false statement in such application or any willful omission to state any information called for on such application shall, upon discovery of such falsehood, be grounds for denial or, if already issued,for revocation of the license. C. Application and Investigation Fees. Upon submission of the application, applicants for therapeutic massage enterprises and Massage therapist licenses shall pay a fee to the City which shall be considered an application and investigation fee, not refundable to applicant,to cover the costs of the City in processing the application and the investigation thereof. All application and investigation fees provided for in this Section shall be fixed and determined by the Council. Such fees may,from time to time, be amended by the Council. D. Investigation. The City is empowered to conduct any and all investigations to verify the information on applications and renewal applications submitted under this Section, including but not limited to ordering a criminal history check pursuant to City Code Section 2.33. E. Consideration and Issuance. After the information on the application has been verified by the City pursuant to subsection D above, an initial application for a license under this Section shall be presented to the City Council for issuance or denial. The City Council may deny a license on the same grounds as a license may be suspended or revoked as set forth in Subdivision 9 of this Section. A denial of an application shall be communicated to the applicant in writing, including findings and conclusions supporting the decision. The notice of denial shall be mailed by regular mail to the licensee at address listed on the application. Upon approval of an application and Payment of the license fee, the City shall issue and mail 4e4ver a license certificate to the applicant at the address noted in the application. F. Term of License. Massage theFapist Licenses issued under this Section shall expire on the eRe year December 31 of each year. Renewal of License. Applications for renewal of all licenses issued under this Section shall be made at least sixty (60) days prior to the date of expiration of the license and shall contain such information as is required by the City.The City may deny. ^'4^'i^^^•-^A.A.t"^SaRqe gFeuRds F^ The^^tf^^ After the information on the renewal application has been verified by the City pursuant to subsection D above, a renewal application for a license under this Section shall be presented to the Chief of Police for issuance or denial. The Chief of Police may deny renewal of a license on the same grounds as a license may be suspended or revoked as set forth in Subdivision 9 of this Section. A denial of a renewal application shall be communicated to the applicant in writing, including findings and conclusions supporting the decision. The notice of denial shall be mailed by regular mail to the licensee at address listed on the renewal application. A licensee may appeal a non-renewal e.rd-a^^^ %vith Sidb-divisi^^ 19 (9) (2) 4 thiS s^^ti^^ The by submitting a hearing request F ^^^^^' ^, "^ -hmia^^'to the QtyLhief of Police within feurteen4IALen 10) days of the date of the City's notice of non-renewal. If a hearing request is not received by the City within ten (10) days of the date contained in the notice, the licensee's right to a hearing shall be deemed waived. If a hearing is requested, the hearing shall be held in accordance with the procedures set forth in Subdivision 9 (B) (2) and 9 (B) (3) of this Section. Upon approval of a renewal application, the City shall issue and deliver a license certificate to the applicant at the address noted in the renewal application. Subd 5. Application Requirements 3 A. Filing. An application for a therapeutic massage enterprise or Massage therapist license under this Section must be filed with the Police Department. B. Insurance Requirements 1. Each applicant for a therapeutic massage enterprise license shall file with the City a public liability insurance policy or certificate of insurance from a company authorized to do business in the State of Minnesota, insuring the applicant against any and all loss arising out of the use, operation or maintenance of the therapeutic massage enterprise.The policy of insurance shall be in limits of not less than$1,000,000. 2. Each applicant for a Massage Therapist license shall file with the City a current certificate of insurance providing coverage of one million dollars ($1,000,000) for personal liability in the practice of massage. 3. Failure to keep in full force and effect the insurance required by this Section is grounds for revocation of the license. C- Investigation and- G-A-nsider-atffien.The Gity is empowered to conduct any and all investigations to computerized criminal histery inquiry and�e-ra d-river's license histery inquiry on the applicant. denial of an application shall -he ce-mm-Unicated to the applicant On writing.An applicant" itiRg te the City.The appeal ;hall hLQ rngpd- with S--bdiVisieR 19(9) (2) ef this wF Section. Upon approval of an application,the Gity Clerk shall iss---.e and- delffivera lir.ense r--.P4ffifffir-.;#P C. Lease/Property Deed Requirements. Each applicant for a therapeutic massage enterprise license shall file with the City a copy of the lease or property deed for the location at which the business will operate. D. Manager or Agent. If the applicant is a firm, association, partnership, corporation, limited liability company, or etheF eFg@Rii!a4& joint venture, the application shall include the name of the person who will serve as the manager or agent of the licensed premises. Such manager or agent shall, by the terms of his written consent, (1) take full responsibility for the conduct of the licensed premises, and (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation and other attributes- would meet the standards established in Subd. 6(A) of this Section. A licensee shall pFemptly-notify the City in writing within 15 days of any s--rnh change in such manager or agent indicating the name and address of the new manager or agent and the effective date of such change. E. Change of Information.A licensee must promptly notify the City of a change in the information or facts required to be furnished on the application for a license, even after the license has been issued Subd.6.Standards. A. Therapeutic Massage Enterprise License. 4 1. No therapeutic massage enterprise license shall be issued to a person who: (a) Is not eighteen (18) years of age or older at the time the application is submitted to the City; (b) Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, Section 364.03, subdivision 3; (c) Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States; (d) Is not of good moral character or repute; (e) Is not the real party in interest of the enterprise; (f) Has knowingly misrepresented or falsified information on the license application;e-� (g) Does not meet the definition of therapeutic massage enterprise in Subdivision 2 of this Section-t (h) Has had an interest in, or has persons investing in, the business, building, premises, fixture,furniture or equipment that had an interest in, as an individual or as part of a firm, association, partnership, corporation, limited liability company, or joint venture, a massage-related license that was revoked or suspended within the last five(5)years of the date the license application is submitted to the City; (i) Is the Immediate Family Member of a person whose massage-related license has been suspended or revoked in the past five(5)years; (i) Has been denied a therapeutic massage enterprise license by the City within one (1) year of the date of the license application; (k) Does not provide all information required by the application or such other information as the Issuing Authority or City Council may require; or (1) Does not have one (1) or more Massage Therapists employed by or affiliated with the therapeutic massage enterprise who is licensed by the City at the time the therapeutic massage license is issued. 2. No therapeutic massage enterprise shall be licensed if: (a) Such enterprise is located on property on which taxes, assessments or other financial claims to the State, County, School District or City are due and delinquent. In the event a suit has been commenced by a person having an interest in the property under Minnesota Statutes,Sections 278.01-278.13,questioning the amount or validity of taxes,the Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one(1)year after becoming due. 5 (b) The location of such enterprise is not in conformance with the land use regulations of the City Code unless such enterprise is a legal, nonconforming use. B. Massage Therapist License. 1. No Massage Therapist license shall be issued to a person who: (a) Is not eighteen (18) years of age or older at the time the application is submitted to the City; (b) Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, Section 364.03, subdivision 3; (c) Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States; (d) Is not of good moral character or repute; (e) Has knowingly misrepresented or falsified information on the license application; (f) Is not affiliated with, employed by; or does not own a therapeutic massage enterprise licensed by the City;or a Salon licensed by the State pursuant to Minnesota State Statute 155A.29; (g) Does not provide to the City proof of current insurance coverage of one million dollars ($1,000,000)for personal liability in the practice of massage; (h) Does not provide to the City proof that he or she has completed#suFsix hundred (4AA600) hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two (twe2)years of full-time experience working as a Massage Therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. (i) Does not meet the definition of Massage Therapist in Subdivision 2 of this Section; (i) Had an interest in, individually or as part of a firm, association, partnership, corporation, limited liability company, or joint venture, or has a massage-related license that was revoked or suspended within the last five (5) years of the date the license application is submitted to the City; (k) Is the Immediate Family Member of a person whose massage-related license has been suspended or revoked in the past five(5)years; (1) Has been denied a Massage Therapist license by the City within one (1)year of the date of the license application; or (m) Does not provide all information required by the license application or such other information as the Issuing Authority or City Council may require. Subd.7. Exemptions. 6 A. Neither a therapeutic massage enterprise er--license nor a iqWassage t-Therapist license is Pet required for the following persons and places: 1. Persons duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, provided the massage is administered in the regular course of the medical business and not provided as part of a separate and distinct massage business. 2. A person hired or employed by, and exclusively provides treatment on the premises of, a medical professional licensed under MN state statute chapter 147 or 148 or a dental professional licensed under MN State statute chapter 150A. A Massage Therapist operating under this exemption is not limited to providing treatment of patients of the medical or dental professional. 3_Persons duly licensed by this state as beauty culturists or barbers, provided such persons do not hold themselves out as giving massage treatments, and provided the massage by beauty culturists is limited to the head, hand, neck and feet, and the massage by barbers is limited to the head and neck. A. Pl-aeer. lice—mrseed by the state of Minnesota -ar. -a "Sale-R" defined by Minnesota state Statute Persons working solely -Umd-e.r the dire-r-#ffie—m -amd- ee—mtrel of a person duly licensed by this state to practice medicine,surgery,osteopathy,chirepractie, physical therapy,or pediatry. 4. B. Imo.... e.sta1,l„-hed- fer the ImoespitaIiiatieR a eare of hidw.ap befRgs Athletic trainers, certified by the National Association of Athletic Trainers(NAAT),when working with an amateur,semiprofessional or professional athlete or athletic team. 5_Students of an accredited institution who are performing massage services in the course of a clinical component of an accredited program of study, provided that the students are performing the massage services at the location of the accredited institution and provided the students are identified to the public as students of massage therapy. Students of an accredited institution who are performing massage services at clinics or other facilities located outside of the accredited institution shall have at least one hundred fifty(150) hours of certified therapeutic massage training at the accredited institution prior to performing the therapy outside of the institution and shall be identified to the public as a student of massage therapy. 146. Persons providing"chair massage"are not required to obtain a therapeutic massage enterprise license/Massage Therapist license if the following requirements are met: a. The massage is provided in a place of business where the massage can easily be seen by any employee or visitor on the premises; The location does not hold a license to sell alcoholic beverages; 7 Each recipient of a massage remains in an upright position, either sitting or standing;and Each recipient of a massage remains in the normal, daytime attire worn when entering the business and does not remove any clothing except outerwear such as a coat or jacket. B. A therapeutic massage enterprise license is not required for the following places: 1. Places licensed by the State of Minnesota as a "Salon" pursuant to Minnesota State Statute 155A.29. 2. Places duly licensed or operating as a hospital, nursing home, hospice, sanitarium or group home established for the hospitalization or care of persons. Subd 8. General Provisions Regarding Licenses A. Posting. A therapeutic massage enterprise license issued shall be posted in a conspicuous place on the premises for which it is used. A person licensed as a Massage Therapist shall have readily available a current license issued by the City at all times therapeutic massage services are rendered. B. Premises Licensed. A therapeutic massage enterprise license is only effective for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered or extended,the licensee shall inform the City-within 15 days of such change. A Massage Therapist license shall entitle the licensed therapist to perform on-site massage at a business, public gathering, private home or other site not on the therapeutic massage enterprise premises,excluding hotel or motel guest rooms. C. Employment of Unlicensed Massage Therapists Prohibited. No therapeutic massage enterprise shall employ or use any person to perform massage who is not licensed as a therapeutic Massage Therapist under this Section, unless the person is specifically exempted from obtaining a therapist license pursuant to Subdivision 7 of this Section. D. Affiliation With Enterprise Required. A Massage Therapist shall be employed by,affiliated with or own a therapeutic massage enterprise licensed by the City, unless a person or place is specifically exempted from obtaining a therapeutic massage enterprise license in Subdivision 7 of this Section. E. Hours of Operation. No customers or patrons may be allowed to enter the licensed premises after 10:00 p.m. and before 7:00 a.m. daily. No customers or patrons may be allowed to remain on the licensed premises after 10:00 p.m. and before 7:00 a.m. daily. No Massage Therapist shall perform massage services after 10:00 p.m. and before 7:00 a.m. daily. F. Premises Subject to Inspection. During any hours in which any person is present on the licensed premises, the premises licensed under this Section shall be open to inspection by any duly authorized representative of the City to determine whether or not this Section and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspection and without a search warrant. Upon demand by a health, building or license inspector or police officer, a person engaged in providing services in a premises licensed under this Section shall identify himself/herself giving his/her true legal name and his/her correct address. G. Conduct on Licensed Premises. Except as herein provided, every licensee under this Section shall 8 comply with the following: 1. Coverage of Genitals During Massage. The licensee shall require that the person who is receiving the massage shall at all times have his or her genitals covered with non-transparent material or clothing. 2. Therapist Clothing Requirements. Any Massage Therapist performing massage shall at all times have his or her breasts, buttocks, anus and genitals covered with a non-transparent material or clothing. 3. Effect of License Suspension or Revocation. No licensee shall solicit business or offer to perform massage services while under license suspension or revocation by the City. 4. Massage of Certain Body Parts Prohibited. At no time shall the Massage Therapist intentionally massage or offer to massage the breast, anus, penis, scrotum, mons veneris, vulva or vaginal area of a person,or commit any other act with sexual intent. H. Condition and Maintenance of Premises. 1. Cleanliness. Floors, walls, other structures and equipment in massage rooms, restrooms and bathrooms used in connection with the massage business shall be kept clean and in a state of good repair and sanitary at all times. Linens and other materials shall be stored at least six (6) inches off the floor in areas protected from contamination. Sanitary towels, wash cloths, cleaning agents and toilet tissue shall be made available for each customer. 2. Restrooms. Restrooms used in connection with the therapeutic massage enterprise shall be provided with mechanical ventilation with two (2) cfm per square foot of floor area, a minimum of twenty (20) foot candles of illumination, a hand-washing sink equipped with hot and cold running water under pressure, single-use paper towels or other approved drying device and a soap dispenser. 3. Storage. Licensed premises shall have a janitor's closet for the storage of cleaning supplies. This closet shall have mechanical ventilation with two (2) cfm per square foot of floor area and a minimum of twenty(20)foot candles of illumination. The closet shall include a mop sink. For licensees operating a therapeutic massage enterprise as a home occupation, in lieu of a janitor's closet, all cleaning supplies shall be stored separate away from the bathroom and massage room and away from other equipment and supplies used in conjunction with the business. 4. Lockers. Either lindividual lockers or secured areas designated for storage shall be made available for use by employees and patrons for their personal items while on the premises. The lockers shall have separate keys for locking. Instead of individual lockers, therapeutic massage enterprises may provide secure areas designated for storage of personal items belonging to employees and patrons while on the premises. 5. Hand Washing Required. A separate hand-sink shall be easily accessible and used by a Massage Therapist before administering massage on each patron and when hands are soiled. 6. Linens. The furniture upon which the patron reclines while receiving a massage shall either be covered with clean linen or be washed after each use with a cleaning agent sufficient to prevent the spread of disease. Linens and towels shall be changed after each use and laundered by a commercial cleaning establishment or in approved laundry facilities on the premises. For licensees operating a therapeutic massage enterprise as a home occupation, 9 linens and towels shall be washed separate from personal articles. Single-use linens shall be discarded after each use. I. Transfer. The license issued is for the person or the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person without complying with the requirements of an original application. J. Home Occupation. Whenever a therapeutic massage enterprise is operated in a residential area as a home occupation, the person(s) conducting the business shall adhere to all aspects of City Code Chapter 11 relating to home occupations. K. Proof l....... Are„s T..w...QFaF.,Massage Therapist 1 9 n the practice of massage;aPA fide sche-A-1 that hars -heen approved by the City, or has at least two years.of fiull tinn.e- expe 9 ence working as a massage therapist at a licensed therapeutic massage enterprise e ethe.r liee.nsed- business approved by the Gity. Aff9NF ^^id. of Local Residency Required. In the case of a therapeutic massage enterprise, the licensee, managing partner or manager of the licensed premises must show proof of residency acceptable to the Issuing Authority in one of the following Minnesota counties: Anoka, Carver, Dakota, Goodhue, Hennepin, Ramsey, Rice,Scott,Washington or Wright. In the case of a Massage Therapist, the licensee must show proof of residency acceptable to the Issuing Authority in one of the following Minnesota counties:Anoka,Carver, Dakota,G4e4h4eHennepin, Ramsey, Rice,Scott, Washington or Wright. L. Posting Rates.A therapeutic massage enterprise must post its service rates in a prominent place in the entrance or lobby of the business. M. Illegal Activities. A therapeutic massage enterprise licensee shall be strictly responsible for the conduct of the business, including conduct of any employee or agent of the licensee on the licensed fe.r the liceMse,and a complete license application,which shall -he su.-hmiae-d- at least thirty(30) days prier to requested effeaffive date of the temporary Ifficense.Persens Ineligible for License. Pie temporary massage therapist liceMse shall -he issued to a pprrAn;.A.x.h.A Or Atherwise ffinelffigo- - pursuant to Subdivision 6(B) of this Section.investigation and- G-ensideration. Investigation and massage theFapffist IffieeRse shall be ene-Rd-i-irntLed with S. hdi"i;9 eR 9 ((;)4 this SLerntiep Subd.9-I8. Revocation or Suspension A. Suspension or Revocation.The City may suspend or revoke a license issued under this Section.The following are grounds for suspension or revocation of a license: 10 1. Fraud, misrepresentation or false statement contained in a license application or a renewal application; 2. Fraud, misrepresentation or false statement made in the course of carrying on the therapeutic massage enterprise; 3. Failure to comply with City ordinances or state law; 4. Conviction of the owner, manager, lessee or an employee of the therapeutic massage enterprise of a violation of any ordinance or state statute arising on the licensed premises; 5. Acts demonstrating or involving moral turpitude; 6. Conviction of the owner, manager, lessee or an employee of the therapeutic massage enterprise of prostitution or other offense involving moral turpitude; 7. Conducting the therapeutic massage enterprise in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the community;or 8. Habitual drunkenness or intemperance, or the use of drugs including, but not limited to, the use of drugs defined in either federal or state laws, barbiturates, hallucinogenic drugs, amphetamines, Benzedrine, Dexedrine or other sedatives, depressants, stimulants tranquilizers or synthetic drugs on the licensed premises. B. Notice and Appeal. 1. Notice. A revocation or suspension a-shall be preceded by written notice from the Chief of Police or his or her designee to the licensee setting forth the vielation(s`.and an opportunity for a hearing. The notice shall #,rthp state the nature of the violation(s) or grounds for suspension or revocation and shall inform the licensee of the licensee's right to request a hearing within feu 1ten 10) days of the date contained in the notice to dispute the suspension or revocation.The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application. If a hearing request is not received by the City within F^u14ten 10) days of the date contained in the notice, the licensee's right to a hearing shall be deemed waived. No suspension or revocation of a license under this Section shall take effect until LaLthe licensee's time to request a hearing expires.. or (b) if a hearing is requested, after the licensee is informed of the decision of the City Manageri-I. 2. Hearing. If the PeneRs^^ Fequests a hearing7 is requested, the Chief of Police or his or her designee shall provide written notice to the licensee of the date,time and place of the hearing. The notice shall be served in the same manner as the initial notice. The notice shall be served no less than fifteen (15) day and no more than thirty (30) days prior to the hearing. The hearing shall be held by an impartial hearing officer who shall be appointed by the Gimty Mana Chief of Police or his or her designee. Upon conclusion of the hearing, the hearing officer shall, within ten (10) days, make his or her d^^fsf^^ "^" ^FFf•l:w; t"^ recommendation to the City Manager in writing �^ !Rg Q40e "jet;,.^ ^F Pee+s+ep�'._ If the hearing officer's desi3+eprecommendation is to ^F ;e suspension or revocation, he or she shall include in the ;—i„s-�f eers t+se ^F�,--oee�:e�written recommendation his or her findings and conclusions supporting the decision Any al 11 3. Decision. Within thirty (30) days of the Hearing nFFo,.,,.',- ,-,,,.;sie—, shall -he Foie-d- ;n Hennepin CeuRty Distro^t C;e-irt receipt of the hearing officer's written recommendation, the City Manager shall make a decision on whether the license shall be suspended or revoked. The City Manager shall inform the licensee in writing of the decision, including findings and conclusions supporting the decision, within ten (10) days. No appeal is allowed to the City Council under Section 2.80 of the City Code from a decision of the City Manager under this Section. Subd..1410.Violation a Misdemeanor. A person who commits or attempts to commit, conspires to commit or aids or abets in the commission of an act constituting a violation of this Section, whether individually or in connection with one or more other persons or as principal, agent or accessory is guilty of a misdemeanor. A person who falsely, fraudulently,forcibly or willfully induces, causes,coerces, permits or directs another to violate a provision of this Section is guilty of a misdemeanor. 12 CITY COUNCIL AGENDA DATE: SECTION: Ordinances & Resolutions October 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. First Reading of Ordinance Amending City Rob Reynolds, Police Chief Code Chapter 8 Relating to Parking and Camping Requested Action Move to: Approve first reading of an ordinance amending City Code Chapter 8 relating to parking and camping. Synopsis Existing City Code Section 8.04 prohibits parking of recreational vehicles for more than 24 hours within the City except at a designated campsite. Section 8.04 references a specific state statute that defines recreational vehicles. The state statute that contained this definition has been repealed. The City Attorney recommended amendment of the section. This ordinance removes the reference to the repealed definition and further revises the language to clarify the prohibition against camping, living or sleeping in any parked vehicle within the City except at designated campsites. This prohibition is similar to prohibitions in many neighboring cities. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 8 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 8.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 8, Section 8.04 is deleted in its entirety and replaced with the following: SECTION 8.04. Camping and Sleeping. It is unlawful for any person, for camping, living, or sleeping purposes, to stop, stand or park any vehicle on or within the limits of any street, as street is defined in City Code Section 11.02, except where signs are erected designating the place as a campsite. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 8.99 entitled "Violation a Misdemeanor or Petty 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 the day of , 2015. CITY COUNCIL AGENDA DATE: SECTION: Ordinances & Resolutions October 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XLC. Approve 1 sc Reading of Ordinance Amending City Code Chapter 4, to Allow On Sale Licensing of Microdistillery Cocktail Room and Off-Sale Licensing of Microdistillery Requested Action Move to: Approve the first reading of an ordinance amending City Code Chapter 4 relating to Microdistillery Cocktail Room on-sale and Microdistillery off-sale licensing. Synopsis State law authorizes a microdistillery licensed by the state to provide sample of distilled spirits manufactured on its premises in an amount not to exceed 15 milliliters per variety per person. No more than 45 milliliters may be sample by any person on any day. A microdistillery may sell cocktails to the public if issued a license by the municipality in which it is located. Municipalities, including a city such as Eden Prairie with a municipal liquor store, are authorized by state law to issue the holder of a microdistillery licensed under state law a microdistillery cocktail room license. A microdistillery cocktail room license authorizes on-sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller. The holder of a microdistillery cocktail room license may also hold a license to operate a restaurant at the distillery. A distiller may only have one cocktail room license. No single entity may hold both a cocktail room and taproom license, and a cocktail room and taproom may not be co-located. State law further authorizes a microdistillery to be licensed by the local licensing authority for the off-sale of distilled spirits. The license may allow the sale of one 375 milliliter bottle per customer per day of product manufactured on-site. The off-sale hours of the sale must conform to hours of sale for retail off-sale licensees in the licensing municipality. No brand may be sold at the microdistillery unless it is also available for distributor by wholesalers. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 4 RELATING TO MICRODISTILLERIES AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. City Code Chapter 4, Section 4.01 is amended by inserting the following definitions in alphabetical order and renumbering the existing definitions as appropriate: "Distilled Spirits" is ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use. "Microdistillery" is a distillery operated within the state producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year, which distillery is licensed under Minn. Stat. Chap 340A. "Cocktail Room" is an establishment on the premises of or adjacent to one distillery location owned by a distiller for the on-sale of distilled liquor produced by the distiller. Section 2. City Code Chapter 4, Section 4.02 is amended by inserting the words "Cocktail Room and Microdistillery Off-Sale (4.24)," after the words "Brew pub (4.23)," in the final sentence of the first paragraph. Section 3. City Code Chapter 4, Section 4.03, Subd. 3 A is amended by inserting the phrase cocktail room licenses," after the words "on-sale wine licenses,"in the first sentence. Section 4. City Code Chapter 4, Section 4.03, Subd. 3 A is amended by inserting the phrase ", a microdistillery off-sale license," after the words "or liquor license,"in the second sentence. Section 5. City Code Chapter 4, Section 4.06, Subd. 3 is amended by inserting the word "microdistillery," after the words "except to a". Section 6. City Code Chapter 4 is amended by inserting a new Section 4.24 to read as follows: SECTION 4.24. COCKTAIL ROOM AND MICRODISTILLERY OFF-SALE LICENSES REQUIRED. Subdivision 1. A microdistillery may apply for a microdistillery cocktail room license for the on-sale of distilled spirits required under this Chapter. Cocktail room licenses are subject to all conditions and restrictions contained in Minnesota Statutes § 340A.22. Subdivision 2. A microdistillery may apply for a microdistillery off-sale license for the off-sale of distilled spirits required under this Chapter. Microdistillery off-sale licenses are subject to all conditions and restrictions contained in Minnesota Statutes Sections 340A.22. Section 7. City Code Chapter 4, Section 4.90 is hereby amended by inserting the phrase "cocktail room and microdistillery off-sale," after the phrase "on-sale of wine," in the first sentence. Section 8. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation" and Section 4.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 9. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2015, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2015. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on the day of , 2015. CITY COUNCIL AGENDA DATE: SECTION: Ordinances & Resolutions October 20, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XLD. Rob Reynolds, Police Chief First Reading of Ordinance Amending City Code Chapter 5 Relating to Food Trucks Requested Action Move to: Approve first reading of an ordinance amending City Code Chapter 5 relating to food trucks. Synopsis The ordinance regulates food stands including nonmotorized food carts, mobile food units (food trucks) and seasonal stands. The purpose of the ordinance is to promote safety through regulation and to protect fair competition through limits on permitted operations. As many other cities have done,the ordinance prohibits food trucks from operating for more than 21 days annually in the City unless affiliated with a local licensed food related business. The ordinance (1) requires that all food stands obtain appropriate State licensing; (2) limits the operation of food stands to the office,industrial and rural zoning districts,except it allows operation in residential zones in conjunction with a special event such as a graduation party; (3) limits the hours of operation to between 6 am and midnight, unless in conjunction with a special event in a residential zone where operation is limited to between 7 am and 10 pm; (4) allows operation on private property with the written permission of the owner; (5)prohibits operation on public streets; (6) allows operation within City park property only with the written permission of the Parks and Recreation Director; (7)regulates the size, storage and signage related to food stands; (8)regulates matters such as fire extinguishers, power supplies and propane gas for safety and compliance with applicable law; and (9) requires that all food stands maintain insurance. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5 BY INSERTING A NEW SECTION 5.76 RELATING TO MOBILE FOOD VENDORS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 5 is amended by inserting a new Section 5.76 which reads as follows: SECTION 5.76. MOBILE FOOD VENDORS. Subd. 1. Purpose. It is the purpose of this Section to protect the public health, safety and welfare through the regulation of mobile food vendors. Subd. 2. Definitions. When used in this Section, the following terms have the following meanings: A. "City Manager" means the City Manager and his or her designee. B. "Food and beverage service establishment" means a building, structure, enclosure, or any part of a building, structure, or enclosure used as, maintained as, advertised as, or held out to be an operation that prepares, serves, or otherwise provides food or beverages, or both, for human consumption. C. "Food stand" means all of the following: 1. "Food cart" means a food and beverage service establishment that is a nonmotorized vehicle self-propelled by the operator. 2. "Mobile food unit" means a food and beverage service establishment that is a vehicle mounted unit, either motorized or trailered. 3. "Seasonal permanent food stand" means a food and beverage service establishment which is a permanent food service stand or building, but which operates no more than 21 days annually. 4. "Seasonal temporary food stand" means a food and beverage service establishment that is a food stand which is disassembled and moved from location 1of5 to location, but which operates for no more than 21 days annually at any one location. D. "Location" means for purposes of this Section, one unit of a recorded plat, subdivision, or registered land survey, or a recorded parcel described by metes and bounds. E. "Special event food stand" means a food and beverage service establishment which is used in conjunction with special events, and which operates no more than three times annually for no more than ten total days at all locations within the City. F. "Special events" means weddings, anniversary parties, birthday parties, employee parties, graduation parties and other similar events. Subd. 3. Regulations. All food stands and special event food stands shall comply with the following: A. State License. All food stands and special event food stands shall hold a valid license from the Minnesota Department of Health or Hennepin County Health as applicable and post such license in the food stand or special event food stand. B. Mobile Food Unit. Mobile food units may operate no more than 21 days annually at any location unless operated by a permanent business located in the City of Eden Prairie or an affiliate of such business, licensed under Minnesota Statutes Chapter 157 or Chapter 28A, and readily movable, without disassembling, for transport to another location. C. Locations. All food stands and special event food stands shall operate only in the following locations: 1. Food stands may operate only in the office zoning district set forth in City Code Section 11.20, the industrial zoning district set forth in City Code Section 11.30, and the rural zoning district set forth in City Code Section 11.10. 2. Except as provided otherwise below and subject to the restrictions below, special event food stands may operate in any zoning district. D. Hours. All food stands and special event food stands shall operate only during the following hours: 1. Food stands may operate only between the hours of 6 a.m. and 12 a.m. (midnight). 2. Special event food stands may operate only between the hours of 6 a.m. and 12 a.m. (midnight) except within residential zoning districts, including TOD-R, where the hours of operation shall be between 7 a.m. and 10 p.m. 2of5 E. Written Permission. All food stands and special event food stands shall operate on private property only with written consent from the person who owns or controls the property. F. Public Property. Food stands and special event food stands shall not operate on public streets or public right-of-ways. Food stands and special event food stands may operate in City parks only with written approval from the City Parks and Recreation Director. G. Storage. All food stands and special event food stands shall be stored in compliance with all regulations relating to storage in the applicable zoning district. H. Gray Water. All food stands and special event food stands shall dispose of gray water daily. Gray water may not be drained into City storm water drains. L Size. All food stands and special event food stands shall have a maximum length of no more than 30 feet. J. Signs. All food stands and special event food stands shall display all signs in compliance with the requirements of the City Code. K. Fire Extinguishers. All food stands and special event food stands shall have at least one 2A:20BC fire extinguisher in the stand. If deep frying occurs in the stand, then the stand must have at least one Class K fire extinguisher in the stand. Each fire extinguisher must display an inspection tag dated within the past 12 months. L. Laws. All food stands and special event food stands shall comply with all applicable federal, state and local laws, ordinances, regulations, parking zones, and posted signs. M. Power. All food stands and special event food stands shall provide a power supply that meets all Federal, State and Local regulations. N. Propane. All food stands and special event food stands shall secure all propane tanks and provide adequate ventilation. O. Precautions. All food stands and special event food stands shall take all precautions necessary to protect the public against injury. P. Indemnification. All food stands and special event food stands shall defend, indemnify and save the City, its officials, agents and employees, harmless from and against all liabilities, losses, damages and claims of damages (including all reasonable costs, attorneys' fees, and other expenses incident thereto) suffered or incurred by the City, its officials, agents and employees, that may arise by reason of any act or omission on the part of the operator, its agents, or independent contractors, while engaged in operations under this Section. 3of5 Q. Insurance. All food stands and special event food stands shall maintain all insurance required under this subdivision, covering all vehicles, structures, food stands and special event food stands used and all operations performed under this Section. All food stands and special event food stands shall maintain evidence of such insurance in the food stand and/or special event food stand and present such insurance on request by the City. 1. The insurance required herein shall be issued by insurers duly licensed to do business within the State of Minnesota, be in force and effect on the dates of operation and provide the following coverages: a. commercial general liability insurance, with a limit of not less than one million dollars ($1,000,000.00) each occurrence. If such insurance contains an annual aggregate limit, the annual aggregate limit shall be not less than two million dollars ($2,000,000.00); b. automobile liability insurance with a limit of not less than $2,000,000 combined single limit. The insurance shall cover liability arising out of any auto, including owned, hired, and non-owned vehicles; c. food products liability insurance, with a limit of not less than one million dollars ($1,000,000.00) each occurrence; d. public liability insurance, with a limit of not less than one million dollars ($1,000,000.00) each occurrence; e. property damage insurance, with a limit of not less than one million dollars ($1,000,000.00) each occurrence; and f. workers' compensation insurance (statutory limits) or evidence of exemption from state law. 2. Such insurance policy or policies shall provide contractual liability insurance, specifically referring to and covering the obligation to defend, indemnify and save harmless the City, its officials, agents and employees from alleged claims or causes of action for bodily injury or property damage as provided in this Section 5.76. 3. Said policy or policies shall contain an endorsement as follows: "The policy to which this endorsement is attached is intended to comply with and furnish the coverages required by Section 5.76 of the City Code of the City of Eden Prairie. If anything in any other attachment, endorsement or rider conflicts with the provisions of said Section 5.76, then the provisions of said Section 5.76 shall prevail. Any deductible amount provided for in any part of the policy will be paid by the insurer upon establishment of legal liability of any insured, and the insurer shall be entitled to reimbursement from the insured for such deductible amount." Subd. 4. Violations and Penalties. A. Misdemeanor. A person who commits or attempts to commit, conspires to commit or aids or abets in the commission of an act constituting a violation of this Section, whether individually or in connection with one or more other persons or as principal, agent, or 4of5 accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, permits or directs another to violate a provision of Section is guilty of a misdemeanor. B. Public Nuisance. Any condition caused or permitted to exist in violation of any of the provisions of this Section is a threat to public health, safety, and welfare, and is declared and deemed a public nuisance. The City may exercise any remedy available at law or in equity to abate, enjoin, or otherwise compel the cessation of such nuisance and shall be entitled to recovers its costs and expenses, including reasonable attorney fees, so incurred. C. Remedies not Exclusive. The remedies listed in this Section are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the city to seek cumulative remedies. The City may recover all attorney's fees court costs and other expenses associated with enforcement of this Section. Subd. 5. Severability. If any provision of this Section is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 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 5of5