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City Council - 11/17/2015
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,NOVEMBER 17, 2015 CITY CENTER 5:00—6:25 PM,HERITAGE ROOMS 6:30—6:55 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop- Heritage Room II (5:30-6:30) I. LOCAL WATER MANAGEMENT PLAN UPDATE Open Podium - Council Chamber(6:35-6:55) II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,NOVEMBER 17, 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. AQUATICS PROJECT NAMING RIGHTS AGREEMENT (Resolution) B. SENIOR COMMUNITY SERVICES KEY COMMUNITIES PARTNER AWARD C. SPOOKY SATURDAY DONATIONS (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 20, 2015 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 20, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. MILLER REZONING by David and Karen Miller. Second Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 1.32 acres. Location: 7555 W 192nd Ave. (Ordinance for Zoning District Change) C. EDEN PRAIRIE RETAIL by EP Equities. Second Reading of the Ordinance for Planned Unit District Review with waivers on 0.8 acres; Zoning District Amendment within the Commercial Regional Services District on 0.8 acres. Location: 590 Prairie Center Drive. (Ordinance for PUD District Review and Zoning District Change; Resolution for Site Plan Review) CITY COUNCIL AGENDA November 17, 2015 Page 2 D. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO TRANSIT ORIENTED DEVELOPMENT (TOD)AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE E. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 5 AND SECTION 2.33 RELATING TO MASSAGE LICENSING AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE F. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 8 RELATING TO PARKING AND CAMPING G. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 4 MICRODISTILLERY COCKTAIL ROOM ON-SALE & MICRODISTILLERY OFF-SALE LICENSING AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE H. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 5 RELATING TO FOOD TRUCKS AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE I. APPROVE SMALL BUSINESS SATURDAY PROCLAMATION J. ADOPT RESOLUTION APPROVING ACQUISITION OF HERITAGE VILLAGE OUTLOT A K. AWARD CONTRACT FOR CONSTRUCTION OF FIRE STATION 3 SLEEPING QUARTERS TO DIVERSIFIED CONSTRUCTION L. ADOPT RESOLUTION APPROVING AMENDED AND RESTATED JOINT POWERS AGREEMENT BETWEEN PORT AUTHORITY OF CITY OF ST. PAUL AND CITY OF EDEN PRAIRIE TO IMPLEMENT MINNESOTA PROPERTY ASSESSED CLEAN ENERGY PROGRAM (MN PACE) M. AWARD CONTRACT FOR GARDEN ROOM FOOD VENDING SERVICES TO TAHER BUSINESS DINING N. AWARD CONTRACT FOR GARDEN ROOM FOOD CATERING SERVICES TO MINTAHOE CATERING AND EVENTS O. APPROVE CONTRACT WITH AVI SYSTEMS,INC. FOR COUNCIL CHAMBERS AUDIOVISUAL EQUIPMENT UPGRADES P. DECLARE USED VEHICLES AS SURPLUS AND AUTHORIZE DISPOSAL Q. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT CITY COUNCIL AGENDA November 17, 2015 Page 3 R. DECLARE ABANDONED PROPERTY S. AUTHORIZE PURCHASE OF EIGHT TREADMILLS FROM LIFE FITENESS FOR THE COMMUNITY CENTER IX. PUBLIC HEARINGS /MEETINGS A. FIRST READING OF ORDINANCE FOR DESIGNATION OF THE DORENKEMPER HOUSE AS A HERITAGE SITE B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 12 RELATING TO SUBDIVISION OF PROPERTY X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Resolution Approving Special Assessment with Kris T. Ichimura and Dennis Hosek for Property Assessed Clean Energy (PACE) Protect 2. Resolution Approving Special Assessment with Southwest Crossing (OSWX) Property, LLC, for Property Assessed Clean Energy (PACE) Project 3. Backyard Chickens Update C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Resolution of Intent to Fund Local Improvements within Eden Prairie Segment of Southwest Light Rail Transit Project 2. Resolution of Intent to Transfer City of Eden Prairie Property for Proposed Southwest Light Rail Transit Project CITY COUNCIL AGENDA November 17, 2015 Page 4 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: November 17, 2015 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, October 20, 2015 TUESDAY,NOVEMBER 17, 2015 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name,phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. HRA MEETING HRA I. ROLL CALL/CALL THE HRA MEETING TO ORDER HRA II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 1, 2015 HRA III. APPROVE FIRST AMENDMENT TO THE SUBORDINATION AGREEMENT FOR COLUMBINE TOWNHOMES Synopsis: The property is part of Housing Tax Increment Financing District No. 12 created by the HRA. In 1996 Columbine Townhomes Affordable Housing Limited Partnership and the HRA entered into a Project Management Agreement in 1996. The Agreement was amended in 2012. As part of the 1996 Agreement Columbine executed a Promissory Note and Mortgage to secure certain obligations under the Agreement. In August 2012 Columbine Townhomes requested that the HRA execute a Subordination Agreement in favor of its Lender by which the HRA subordinated its interests to the Lender's financing of the property. Columbine has requested an additional loan from the Lender which will be also secured by a mortgage. The Lender requests that the HRA subordinate its interest to this new financing. The First Amendment to Subordination Agreement is the instrument by which the HRA subordinates its interest to the Lender's mortgage. MOTION: Move to approve the First Amendment to Subordination Agreement for Columbine Townhomes. ANNOTATED AGENDA November 17,2015 Page 2 HRA IV. ADJOURNMENT MOTION: Move to adjourn the HRA. Il COUNCIL MEETING IV. PROCLAMATIONS/PRESENTATIONS A. AQUATICS PROJECT NAMING RIGHTS AGREEMENT (Resolution) Synopsis: The donation of$25,000 from Mark and Patricia Davis is in exchange for naming rights of a starting block, the dryland training room and the multi- purpose room. This donation counts towards the $500,000 pledged by Team Foxjets. MOTION: Move to adopt resolution accepting the donation from Mark and Patricia Davis and authorize entering into a naming rights agreement relating to the aquatics expansion project. B. SENIOR COMMUNITY SERVICES KEY COMMUNITIES PARTNER AWARD Synopsis: The City of Eden Prairie and Senior Center received the 2015 Key Communities Partner Award from Senior Community Services. The City partners with Senior Community Services in many areas including the Senior Center and Housing and Community Services to provide resources, education, assistance and support to our community members. The Eden Prairie Senior Center provides office space and coordination with a Senior Community Services social worker who assists Eden Prairie's older residents and their families in accessing the most appropriate and affordable combination of services that help them stay in the community for as long as possible. Other areas of partnership include one-on-one Medicare health insurance counseling services, the HOME program, and Senior Outreach and Caregiver Services. The City of Eden Prairie also partners with SouthWest Transit for the SW Prime bus service to provide door to door service for the senior population. The Eden Prairie Fire Department and Police Department were also recognized as key community partners in serving senior residents, specifically Eden Prairie's participation in the Park Nicollet-Methodist Hospital firefighter visit program. ANNOTATED AGENDA November 17, 2015 Page 3 C. SPOOKY SATURDAY DONATIONS (Resolution) Synopsis: These donations to the Community Center from Once Upon a Child and Frattallone's Ace Hardware go towards the annual Spooky Saturday event. MOTION: Move to adopt the Resolution accepting the donations in the amount of $300 from Once Upon a Child, and $150 from Frattallone's Ace Hardware to go towards the Spooky Saturday event at the Eden Prairie Community Center. 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 20, 2015 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 20, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-R on the Consent Calendar. A. CLERK'S LICENSE LIST B. MILLER REZONING by David and Karen Miller. Second Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 1.32 acres. Location: 7555 W 192nd Ave. (Ordinance for Zoning District Change) C. EDEN PRAIRIE RETAIL by EP Equities. Second Reading of the Ordinance for Planned Unit District Review with waivers on 0.8 acres; Zoning District Amendment within the Commercial Regional Services District on 0.8 acres. Location: 590 Prairie Center Drive. (Ordinance for PUD District Review and Zoning District Change; Resolution for Site Plan Review) D. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO TRANSIT ORIENTED DEVELOPMENT (_TOD) AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE ANNOTATED AGENDA November 17,2015 Page 4 E. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 5 AND SECTION 2.33 RELATING TO MASSAGE LICENSING AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE F. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 8 RELATING TO PARKING AND CAMPING G. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 4 MICRODISTILLERY COCKTAIL ROOM ON-SALE & MICRODISTILLERY OFF-SALE LICENSING AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE H. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 5 RELATING TO FOOD TRUCKS AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE I. APPROVE SMALL BUSINESS SATURDAY PROCLAMATION J. ADOPT RESOLUTION APPROVING ACQUISITION OF HERITAGE VILLAGE OUTLOT A K. AWARD CONTRACT FOR CONSTRUCTION OF FIRE STATION 3 SLEEPING QUARTERS TO DIVERSIFIED CONSTRUCTION L. ADOPT RESOLUTION APPROVING AMENDED AND RESTATED JOINT POWERS AGREEMENT BETWEEN PORT AUTHORITY OF CITY OF ST. PAUL AND CITY OF EDEN PRAIRIE TO IMPLEMENT MINNESOTA PROPERTY ASSESSED CLEAN ENERGY PROGRAM(MN PACE) M. AWARD CONTRACT FOR GARDEN ROOM FOOD VENDING SERVICES TO TAHER BUSINESS DINING N. AWARD CONTRACT FOR GARDEN ROOM FOOD CATERING SERVICES TO MINTAHOE CATERING AND EVENTS O. APPROVE CONTRACT WITH AVI SYSTEMS,INC. FOR COUNCIL CHAMBERS AUDIOVISUAL EQUIPMENT UPGRADES P. DECLARE USED VEHICLES AS SURPLUS AND AUTHORIZE DISPOSAL Q. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT R. DECLARE ABANDONED PROPERTY S. AUTHORIZE PURCHASE OF EIGHT TREADMILLS FROM LIFE FITENESS FOR THE COMMUNITY CENTER ANNOTATED AGENDA November 17,2015 Page 5 IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF ORDINANCE FOR DESIGNATION OF THE DORENKEMPER HOUSE AS A HERITAGE SITE Official notice of this public hearing was published in the November 5,2015,Eden Prairie News and sent to 20 property owners. Synopsis: As part of a Certified Local Government (CLG), the City of Eden Prairie and the local Historic Preservation Commission (HPC)has certain responsibilities to fulfill. Some of those responsibilities include maintaining a system for identifying historic properties, providing public participation in the local preservation program/process and playing an expanded role in nominating properties to the local and National Register of historic places. This is a public hearing to designate the Dorenkemper House as a Heritage Preservation Site. In a letter dated October 14, 2015, the Minnesota Historical Society Heritage Preservation Department concurs with the HPC's recommendation to designate the Dorenkemper House. The Heritage Preservation Commission held a public hearing on October 19, 2015, for the designation. The commission voted 6-0 to recommend approval of the designation. MOTION: Move to: • Close the Public Hearing; and • Adopt first reading of an Ordinance to Designate the Dorenkemper House as a Heritage Preservation Site. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 12 RELATING TO SUBDIVISION OF PROPERTY Official notice of this public hearing was published in the November 5,2015,Eden Prairie News. Synopsis: The Subdivision Regulations, in its current form, do not adequately address the combination of properties into a single parcel. Staff has worked with the City Attorney to draft language that provides additional clarity regarding the combination of properties. Additionally, the proposed code changes address the administrative approval criteria and process, as well as, the minor subdivision criteria and process. ANNOTATED AGENDA November 17,2015 Page 6 The language allows for administrative approval of subdivisions that result in no more than 2 parcels or combinations that result in no more than one parcel subject to certain criteria. The language also allows for an abbreviated process (the minor subdivision) through the City Council when the subdivision is of small size and is of minor significance. Other housekeeping changes reflecting current practices and correcting grammatical or typographical errors are also proposed as a part of the update. The Planning Commission voted 4-0 to recommend approval of the code amendment at the October 26, 2015, meeting. MOTION: Move to: • Close the Public Hearing; and • Approve first reading of the Ordinance amending Chapter 12 to amend the Subdivision Regulations. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Resolution Approving Special Assessment with Kris T. Ichimura and Dennis Hosek for Property Assessed Clean Energy(PACE) Project Synopsis: To finance and manage PACE improvements, the City entered into a joint powers agreement on 11/19/2013 with the St. Paul Port Authority to implement the PACE program in Eden Prairie. This agreement was amended on 11/17/2015. As part of the agreement the City agreed to place special assessments on the properties to finance PACE projects. The St. Paul Port Authority has completed its first PACE project for the City of Eden Prairie. The project is a $173,000 solar project for World Auto Parts on 14590 Martin Drive. The St. Paul Port Authority is now requesting the City approve the related special assessment for the project. The business owners have completed an application and have petitioned for the special assessment. ANNOTATED AGENDA November 17,2015 Page 7 The PACE program was created in 2008 to address barriers of retrofitting buildings to be more energy efficient. The program allows property owners to borrow money from newly established municipal financing districts to finance energy retrofits (efficiency and renewable energy measures) and repay the loan through an annual special tax on their property bill. 31 states and the District of Columbia have adopted legislation that enables local governments to offer PACE benefits to building owners. The 2010 Minnesota legislation specific to PACE allows local governments to offer PACE programs and to designate another authority as the implementing entity. MOTION: Move to: Adopt the Resolution approving a special assessment with Kris T. Ichimura and Dennis Hosek for a Property Assessed Clean Energy (PACE) Project. 2. Resolution Approving Special Assessment with Southwest Crossing (OSWX) Property, LLC, for Property Assessed Clean Energy(PACE) Project Synopsis: To finance and manage PACE improvements, the City entered into a joint powers agreement on 11/19/2013 with the St. Paul Port Authority to implement the PACE program in Eden Prairie. This agreement was amended on 11/17/2015. As part of the agreement the City agreed to place special assessments on the properties to finance PACE projects. The St. Paul Port Authority has completed its second PACE project for the City of Eden Prairie with OSWX Property, LLC located at 11095 Viking Drive. The project is a$2,000,000 energy retrofit of mechanical, DDC controls and lighting systems. The St. Paul Port Authority is now requesting the City approve the related special assessment for the project. The business owners have completed an application and have petitioned for the special assessment. The PACE program was created in 2008 to address barriers of retrofitting buildings to be more energy efficient. The program allows property owners to borrow money from newly established municipal financing districts to finance energy retrofits (efficiency and renewable energy measures) and repay the loan through an annual special tax on their property bill. 31 states and the District of Columbia have adopted legislation that enables local governments to offer PACE benefits to building owners. The 2010 Minnesota legislation specific to PACE allows local governments to offer PACE programs and to designate another authority as the implementing entity. MOTION: Move to: Adopt the Resolution approving a special assessment for OSWX Property, LLC, for a Property Assessed Clean Energy (PACE) Project. ANNOTATED AGENDA November 17,2015 Page 9 3. Backyard Chickens Update Synopsis: Over the past few years, the City Council has periodically heard from residents who would like to raise chickens in their backyards,but are prohibited to do so per city ordinance. After the issue was raised again through a resident petition, and acknowledging that neighboring cities have recently changed their ordinances to allow backyard chickens, the Council instructed City staff to solicit additional input from the community. The "Backyard Chickens in Eden Prairie" discussion was posted to on CITY CONNECT in early August. At the September 1, 2015 City Council workshop, the feedback from CITY CONNECT was presented and discussed by the City Council. At that time, the City Council consensus was to not move forward at the present time with an ordinance revision that would allow backyard chickens. Before considering this issue again, a question could be posed in the next citywide community survey regarding the community's desire to allow backyard chickens in Eden Prairie. At the Oct 6 City Council meeting, and following open podium discussion, the Council directed staff to research the policies and practices of other metro cities. That research is included in this packet along with the materials that were previously presented to the City Council at the September 1 Council workshop. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Resolution of Intent to Fund Local Improvements within Eden Prairie Segment of Southwest Light Rail Transit Project Synopsis: The City has received input from our residents and businesses during the planning process for the SWLRT Project desiring improved aesthetics and access to stations. The City believes certain local improvements should be a part of the proposed SWLRT Project as it would enhance visual aesthetics, provide better access to stations, and improve economic development opportunities. The only opportunity for some of these local improvements to be made would be in conjunction with the SWLRT Project construction. The best opportunity for the remainder of the local improvements to be made would be in conjunction with the SWLRT Project so that impacts to areas businesses can be minimized and local construction costs can be reduced. The local improvements being contemplated are public plazas at stations, street lighting,upgraded overhead catenary system poles, retaining wall aesthetics, ANNOTATED AGENDA November 17,2015 Page 10 Technology Drive extension, landscaping, bridge aesthetics, and fencing and railing upgrades. Through this resolution the City is stating its intent to provide funding for the eventual construction of these proposed local improvements. The City has also requested Eden Road be reconstructed to include a trail, sidewalk, two travel lanes, two parking lanes and a landscaping boulevard area, which the Metropolitan Council has included in the SWLRT project plans. Through this resolution the City is stating its intent to provide $2,500,000 in funding to ensure Eden Road is reconstructed as contemplated and that no other improvements currently proposed within the Eden Prairie segment of the SWLRT project are de-scoped from the SWLRT project due to budget constraints. In exchange for proving funding for this local improvement the City expects the support of the Metropolitan Council and Hennepin County in the eventual construction of a town center station. After all necessary state and federal environmental review has taken place and the SWLRT Project receives a Record of Decision and Determination of Adequacy, the City will address the terms and conditions of the local improvement funding commitment through subsequent resolutions regarding appropriation of funds for construction costs through one or more subordinate funding or other agreements with the Metropolitan Council. MOTION: Move to: Adopt Resolution of Intent to Fund Local Improvements within the Eden Prairie Segment of the Southwest Light Rail Transit Project. 2. Resolution of Intent to Transfer City of Eden Prairie Property for Proposed Southwest Light Rail Transit Project Synopsis: The Metropolitan Council adopted a revised proposed Southwest Light Rail Transit(SWLRT)project scope that identified right-of-way currently owned by the City of Eden Prairie (City) as a component of the proposed Project. That right-of-way includes portions of west 62nd Street east of Shady Oak Road and other land south of Highway 62. Because the City benefits from, and supports the construction of, the SWLRT project, the City wishes to set forth its intention to transfer ownership of the City land to the Metropolitan Council for the proposed project with no budget outlay of Project funds from the Metropolitan Council to the City. After all necessary state and federal environmental review has taken place and the SWLRT Project receives a Record of Decision and Determination of Adequacy, the City will address the terms and conditions of any transfer of City land in one or more subsequent City resolutions, other required government actions, and appropriate agreements whereby the Metropolitan ANNOTATED AGENDA November 17, 2015 Page 11 Council accepts transfer to it by the City or another Minnesota political subdivision of the City land and all obligations and encumbrances relating thereto. MOTION: Move to: Adopt Resolution of Intent to Transfer City of Eden Prairie Property for the Proposed Southwest Light Rail Transit Project. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, NOVEMBER 17, 2015, 2015 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Ron Case, Sherry Butcher Wickstrom, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Julie Klima, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL /CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 1, 2015 III. APPROVE FIRST AMENDMENT TO THE SUBORDINATION AGREEMENT FOR COLUMBINE TOWNHOMES V. ADJOURNMENT UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, SEPTEMBER 1, 2015 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Finance Director Sue Kotchevar, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL /CALL THE HRA MEETING TO ORDER Chair Tyra-Lukens called the meeting to order at 7:02 PM. All members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON APRIL 21, 2015 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the HRA meeting held April 21, 2015. Motion carried 5-0. III. ADOPT RESOLUTION NO. HRA 2015-04 TO APPROVE THE PROPOSED 2016 HRA PROPERTY TAX LEVY TO BE $200,000 AND TO ACCEPT THE PROPOSED 2016 HRA BUDGET OF $200,000 Getschow said per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of our taxable market value. The limit for the City of Eden Prairie is approximately$1.6 million; however, for the past several years we have had a levy of $200,000. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs with the city. He noted the amount of the preliminary levy could be lowered by the end of the year, but it could not be raised to more than$200,000. Nelson said next year she would like to look into raising the amount if it has not been changed for 10-12 years. She thought a small increase, such as $25,000, might be appropriate to reflect rising costs over time. Getschow said that can be discussed in more detail during the budget process. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. HRA 2015-04 to approve the proposed 2016 property tax levy to be $200,000 and to accept the proposed 2016 budget of$200,000. Motion carried 5-0. IV. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the HRA meeting. Motion carried 5-0. Chair Tyra-Lukens adjourned the HRA meeting at 7:05 PM. HOUSING AND REDEVELOPMENT AUTHORITY AGENDA DATE: November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development, Approve First Amendment to Subordination Janet Jeremiah Agreement for Columbine Townhomes Requested Action Move to: Approve First Amendment to Subordination Agreement for Columbine Townhomes. Synopsis The property is part of Housing Tax Increment Financing District No. 12 created by the HRA. In 1996 Columbine Townhomes Affordable Housing Limited Partnership and the HRA entered into a Project Management Agreement in 1996. The Agreement was amended in 2012. As part of the 1996 Agreement Columbine executed a Promissory Note and Mortgage to secure certain obligations under the Agreement. In August 2012 Columbine Townhomes requested that the HRA execute a Subordination Agreement in favor of its Lender by which the HRA subordinated its interests to the Lender's financing of the property. Columbine has requested an additional loan from the Lender which will be also secured by a mortgage. The Lender requests that the HRA subordinate its interest to this new financing. The First Amendment to Subordination Agreement is the instrument by which the HRA subordinates its interest to the Lender's mortgage. Attachment First Amendment to Subordination Agreement FIRST AMENDMENT TO SUBORDINATION AGREEMENT (TAX INCREMENT FINANCING) THIS FIRST AMENDMENT TO SUBORDINATION AGREEMENT (TAX INCREMENT FINANCING) ("First Amendment") is made effective the 18th day of November, 2015 ("Effective Date"), by and between the Housing and Redevelopment Authority in and for the City of Eden Prairie, a public body corporate and politic under the laws of the State of Minnesota ("HRA"), and Anchor Bank,National Association, a national banking association("Lender"). RECITALS A. The HRA has executed and delivered in favor of the Lender that certain Subordination Agreement (Tax Increment Financing) dated effective August 15, 2012, which was recorded on August 17, 2012, as Document No. T4984451, in the Office of the Registrar of Titles in and for Hennepin County, Minnesota("Subordination Agreement"). B. Unless otherwise defined herein, all capitalized terms used in this First Amendment shall have the same meanings as defined in the Subordination Agreement. C. Columbine Townhomes Affordable Housing Limited Partnership, a Minnesota limited partnership ("Borrower"), has requested and the Lender has agreed to make an additional loan in the principal amount of One Million Three Hundred Eighty Two Thousand Nine Hundred Ninety Four and 13/100 Dollars ($1,382,994.13), which additional loan shall be secured by the Lender Mortgage (as defined in the Subordination Agreement) as amended by that certain Mortgage Modification Agreement dated effective November 18, 2015, recorded on , 2015, as Document No. , in the Office of the Registrar of Titles in and for Hennepin County, Minnesota, encumbering the Property (as defined in the Subordination Agreement) in the maximum principal amount of Two Million Five Hundred Thousand and 00/100 Dollars ($2,500,000.00) (collectively, "Lender Mortgage Modification Agreement"). D. In order to induce the Lender to advance the additional loan secured by the Lender Mortgage Modification Agreement, the Lender has required the HRA to execute this First Amendment. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows: 1. Recitals. The above-stated recitals are true and correct and are incorporated herein by reference. 2. Subordination. The HRA acknowledges and agrees that the HRA's right, title and interest in and to the HRA Mortgage, HRA Note and related Tax Increment Financing Documents (all as defined in the Subordination Agreement) and the Property is and shall continue to remain subordinate and junior to the lien of the Lender Mortgage, as amended by the Lender Mortgage Modification Agreement described above, and all further amendments, modifications, renewals, restatements, and replacements thereof. 3. Notices. Section 16 of the Subordination Agreement is hereby deleted in its entirety and replaced as follows: 16. All notices, consents, waivers, directions, requests or communications shall be in writing, and shall be deemed properly given if sent (i)by hand delivery, (ii)by reputable next business day courier, or (iii) by registered or certified United States mail, return receipt requested, postage prepaid, addressed as follows: If to the HRA: Housing and Redevelopment Authority in and for the City of Eden Prairie c/o City Clerk 8080 Mitchell Road Eden Prairie, Minnesota 55344-2230 If to the Lender: Anchor Bank,National Association 10710 Town Square Drive NE Blaine, Minnesota 55449 Attn: Tim Nesvig With a Copy to: Moss &Barnett, P.A. 150 South Fifth Street, Suite 1200 Minneapolis, Minnesota 55402 Attn: Christopher Ferreira If to the Borrower: Columbine Townhomes Affordable Housing Limited Partnership 7661 Bush Lake Road Bloomington, Minnesota 55438 Attn: Colleen M. Carey or addressed to any such party at such other address as such party shall hereafter furnish by notice to the other party. The Lender shall use its best efforts to provide notice to the Borrower's attorney, Tammera R. Diehm, at the following address: With a Copy to: Winthrop &Weinstine, P.A. 225 South Sixth Street, Suite 3500 Minneapolis, Minnesota 55402 provided, however, any failure on the part of the Lender to deliver such notice to the aforesaid attorney shall have no effect whatsoever on the effectiveness of the notice provided to the Borrower as such notice shall be deemed effective as described above. 4. No Impairment. All original terms of the Subordination Agreement shall remain in full force and effect except as amended hereby, and the HRA agrees to be bound by and perform all covenants and agreements contained in the Subordination Agreement at the time and 2 in the manner therein provided, and nothing therein contained shall be construed to impair the subordination of the HRA Mortgage to the lien of the Lender Mortgage as amended by the Lender Mortgage Modification Agreement. 5. Counterparts. This First Amendment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts of this First Amendment taken together shall constitute but one and the same instrument. Delivery of an executed counterpart of this First Amendment by facsimile or e-mail of a PDF file shall be equally as effective as delivery of an original executed counterpart of this First Amendment. Any party delivering an executed counterpart of this First Amendment by facsimile or e-mail of a PDF file also shall deliver an original executed counterpart of this First Amendment, but failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this First Amendment. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK AND THE FOLLOWING PAGES ARE THE SIGNATURE AND NOTARY PAGES, AND ACKNOWLEDGEMENT AND CONSENT PAGE. 3 IN WITNESS WHEREOF, the undersigned by its authorized agents or officers have caused this First Amendment to be duly executed on the Effective Date first above written. HRA: Housing and Redevelopment Authority in and for the City of Eden Prairie (a public body corporate and politic under the laws of the State of Minnesota) By: Name: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2015, by , the of Housing and Redevelopment Authority in and for the City of Eden Prairie, a public body corporate and politic under the laws of the State of Minnesota. Notary Public This is a signature and notary page to that certain First Amendment to Subordination Agreement. 4 Housing and Redevelopment Authority in and for the City of Eden Prairie (a public body corporate and politic under the laws of the State of Minnesota) By: Name: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2015, by , the of Housing and Redevelopment Authority in and for the City of Eden Prairie, a public body corporate and politic under the laws of the State of Minnesota. Notary Public This is a signature and notary page to that certain First Amendment to Subordination Agreement. 5 LENDER: Anchor Bank,National Association (a national banking association) By: Tim Nesvig Its: Senior Vice President STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2015, by Tim Nesvig, the Senior Vice President of Anchor Bank, Natioanl Association, a national banking association, on behalf of the national banking association. Notary Public This is a signature and notary page to that certain First Amendment to Subordination Agreement. 6 ACKNOWLEDGEMENT AND CONSENT Columbine Townhomes Affordable Housing Limited Partnership, a Minnesota limited partnership, the Borrower under the terms and provisions of the foregoing First Amendment to Subordination Agreement, hereby acknowledges and accepts notice of the foregoing subordination of HRA Mortgage and Tax Increment Financing Documents (as defined therein), and agrees for itself, its successors and assigns, that after the occurrence of an Event of Default under the Loan Documents (as defined therein), any payment or payments by it in reduction of the Tax Increment Financing Documents shall be made directly to the Lender, the amount of such payments to be applied upon the Lender indebtedness evidenced by the Loan Documents. Columbine Townhomes Affordable Housing Limited Partnership (a Minnesota limited partnership) By: Cornerstone/Equities,LLC (a Minnesota limited liability company) Its: Managing General Partner By: Colleen M. Carey Its: Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2015, by Colleen M. Carey, the Chief Manager of Cornerstone/Equities, LLC, a Minnesota limited liability company, as the Managing General Partner of Columbine Townhomes Affordable Housing Limited Partnership, a Minnesota limited partnership, on behalf of the limited partnership. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Moss &Barnett, P.A. (CF) 150 South Fifth Street, Suite 1200 Minneapolis, MN 55402 (612) 877-5000 2987293v5 This is the Acknowledgement and Consent page to that certain First Amendment to Subordination Agreement. 7 CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.A. Jay Lotthammer, Director Donation for the Aquatics Center and Naming Parks and Recreation Rights Agreement Requested Action Move to: Adopt resolution accepting the donation from Mark and Patricia Davis and authorize entering into a naming rights agreement relating to the aquatics expansion project. Synopsis The donation of$25,000 from Mark and Patricia Davis is in exchange for naming rights of a starting block, the dryland training room and the multi-purpose room. This donation counts towards the $500,000 pledged by Team Foxjets. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $25,000 to be used for the Community Center Aquatic Center from Mark and Patricia Davis is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of November, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B. Jay Lotthammer, Director Presentation of 2015 Key Community Partner Parks and Recreation Award from Senior Community Services Requested Action No action is requested. Parks and Recreation Director, Jay Lotthammer, will share information about this award recently accepted by the City of Eden Prairie and the Eden Prairie Senior Center. Synopsis The City of Eden Prairie and Senior Center received the 2015 Key Communities Partner Award from Senior Community Services. The City partners with Senior Community Services in many areas including the Senior Center and Housing and Community Services to provide resources, education, assistance and support to our community members. The Eden Prairie Senior Center provides office space and coordination with a Senior Community Services social worker who assists Eden Prairie's older residents and their families in accessing the most appropriate and affordable combination of services that help them stay in the community for as long as possible. Other areas of partnership include one-on-one Medicare health insurance counseling services, the HOME program, and Senior Outreach and Caregiver Services. The City of Eden Prairie also partners with SouthWest Transit for the SW Prime bus service to provide door to door service for the senior population. The Eden Prairie Fire Department and Police Department were also recognized as key community partners in serving senior residents, specifically Eden Prairie's participation in the Park Nicollet-Methodist Hospital firefighter visit program. Background Information The Eden Prairie Senior Center is a busy hub of activity for older adults in the community. Staff members work with seniors to plan and deliver programs on a wide variety of aging-related topics including health, wellness, safety and finances. Local residents have access to clubs, social events, trips, crafting, woodworking and a number of recreational and educational programs. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C. Jay Lotthammer, Director, Donations for Spooky Saturday at the Parks and Recreation Community Center Requested Action Move to: Adopt the Resolution accepting the donations in the amount of$300 from Once Upon a Child, and $150 from Frattallone's Ace Hardware to go towards the Spooky Saturday event at the Eden Prairie Community Center. Synopsis These donations to the Community Center from Once Upon a Child and Frattallone's Ace Hardware go towards the annual Spooky Saturday event. Background Spooky Saturday is an annual October event that provides children and their parents the opportunity to participate in a safe and fun event where children are able to play carnival games, complete art activities, see animals, explore emergency vehicles and trick or treat indoors. In addition to these two cash donations, other businesses made donations toward this event and were previously recognized. Plus there were multiple business and organizations that donated their time, activities and trick or treat items for the participants. Attachment Resolution for Once Upon a Child and for Frattallone's Ace Hardware CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gifts to the City to be used for the Community Center Spooky Saturday event of $300 from Once Upon A Child and of$150 from Frattallone's Ace Hardware is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of November, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO.: VI.A. UNAPPROVED MINUTES 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 II I. SOUTHWEST LRT—STATION DESIGN AND LOCALLY REQUESTED CAPITAL IMPROVEMENTS Jeff McMenimen, the City's station area design consultant, Robert Ellis and Janet Jeremiah provided an update on station area design concepts and local infrastructure improvements. They outlined site design concepts,public art opportunities, retaining walls options, fencing options, overhead catenary system options, bridge aesthetics and street enhancements. Proposed station area enhancements include: • Trails and sidewalks connecting the stations to nearby neighborhoods and business • Landscaping • Covered bike parking • Public art Aho asked if the City or Metro Transit will be responsible for maintenance of station areas. Ellis said a series of negotiated agreements will spell out who will be responsible for maintenance of each particular area. Retaining Walls McMenimen said retaining walls will be required behind the City West station and in the Eden Road/Town Center area. McMenimen displayed examples of six surface pattern options. The options with more surface variation are more expensive, and the additional cost may need to be covered by the City. City Council Workshop Minutes October 20, 2015 Page 2 Fencing Ellis said fencing in the current project design is post and wire or chain link. Staff recommends upgrading the fencing in high visibility areas such as near stations, in Town Center and along Purgatory Park. There are two more decorative fencing options available— one that looks like black wrought iron and one that is painted in a lighter color. Catenary Poles Catenary poles can be upgraded to tapered tubular poles, which can also be painted. The cost for each upgraded pole is up to $2,000 each, depending on whether it is painted. Of the 261 the poles in Eden Prairie, staff recommends that approximately 85 be upgraded. Those poles are predominantly between Southwest Station and Town Center. Some are also near the GTA Station and City West Station. The ones in Town Center would be painted black to match the black fencing. Bridge Aesthetics/Public Art Ellis said the Highway 212/Shady Oak Rd. Bridge will be a wide steel beam bridge, a design that does not lend itself to aesthetic upgrades. Ellis noted that the Valley View Rd. Bridge, which is in a high visibility area, has been moved further away from Great Western Bank. Recreation Coordinator Lindsey Danhauser said stamped concrete designs can be incorporated into the two piers near the intersection of Valley View Road and Flying Cloud drive. The Prairie Center Dr. Bridge at Purgatory Park will include nine piers. Danhauser said this area is a prime place-making opportunity. In addition to stamped concrete pier designs, staff suggests adding lighting and wayfinding signage. Danhauser displayed examples of possible designs, and said the City could commission artists to create pier designs based on City Council and staff input. Case said he sees the bridge art as the perfect opportunity to celebrate Eden Prairie's history. Danhauser noted that cost cutting has resulted in removal of much of the public art from the project design. Each City hopes to have a landmark public art piece that will "celebrate their unique identity and create a destination." Danhauser said the plaza area at Southwest Station would be a great location for a signature art piece. Danhauser said the City does have more time to find funding for additional signature pieces at other stations. Each signature piece would cost between $200,000 and $1,000,000. Local funds raised by March 31, 2016, would be eligible for an FTA match. Mayor Tyra-Lukens suggested incorporating the designs that have already been created for the entry monument signs. Danhauser said panels for each station with content created by a Metro Transit graphic designer are being considered. Butcher Wickstrom asked if it would be possible to do something unique to Eden Prairie. Danhauser said the panel design process will not offer much opportunity for input. City Council Workshop Minutes October 20, 2015 Page 3 Streets Ellis said reconstruction of West 70th St. immediately near the station will be the responsibility of the project office. The city has a master plan for this roadway that includes bike lanes,pavers, lighted bollards and landscaping. The cost for these additional improvements will be the responsibility of the City. Eden Road will also be reconstructed to include a trail, on-street parking, travel lanes, sidewalk and a large landscaping area. The project office expects that the City will be responsible for$2.5 million dollars of this local improvement which is half of the projected cost. Landscaping A number of landscaping improvements are proposed, including: • Native grasses and other plants in planting beds, along retaining walls and in parking lot islands • Trees to screen parking ramps • A "green screen" of ivy on the façade of the parking ramp at Southwest Station Next Steps The City costs for the proposed improvements presented are: • Stations/Plaza/Public Art—est. $2,800,000 • West 70th Street Enhancements - est. $250,000 • Technology Drive Extension - est. $130,000 • Southwest Station Trail - est. $360,000 • Bridge Aesthetics - est. $825,000 • Fencing/Railing - est. $1,050,000 • Landscaping/Retaining Walls - est. $1,125,000 • OCS Poles - est. $285,000 • Eden Road Lighting - est. $550,000 • Eden Road Contribution - est. $2,500,000 • Total- est. $9,875,000 Ellis said funding for most of the improvements can be covered by the CIP; however, City staff will also leverage grant funding as much as possible. He said the Project Office needs to know if the City is willing to cover its portion of the cost of upgrading Eden Road. Mayor Tyra-Lukens said she is comfortable with the plan as presented. Case said public art could be postponed if it is necessary to reduce costs in the short term. City Council Workshop Minutes October 20, 2015 Page 4 Ellis said since there is general consensus supporting the improvements, staff will prepare resolutions for the Council to take action on at their November 17 meeting. II. DEDICATION OF NEW FIRE TRUCK Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES 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, 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. LEGACY AWARD FROM CONSERVATION MINNESOTA John Anderson, West Metro Community Coordinator for Conservation Minnesota, said the Legacy Destination Award is given to recognize cities around the state for conservation and the arts. The award is being given to Eden Prairie for work done in the area of water conservation. He noted the work done by the City included coordination with the Riley-Purgatory-Bluff Creek Watershed District on a restoration plan for Staring Lake and reviewed some of the grants Eden Prairie has received in the area of the arts and conservation. He presented the Legacy Award to Mayor Tyra-Lukens. Tyra-Lukens thanked Mr. Anderson and noted this is just one of the awards we have received in the area of conservation and natural resources and is an example of our commitment to wise use of our resources. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added Item XIV.A.1. CITY COUNCIL MINUTES October 20, 2015 Page 2 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 6, 2015 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the minutes of the Council workshop held Tuesday, October 6, 2015, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 6, 2015 MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, October 6, 2015, as published. Motion carried 4-0. 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 MOTION: Aho moved, seconded by Case, to approve Items A-F on the Consent Calendar. Motion carried 4-0. 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) CITY COUNCIL MINUTES October 20, 2015 Page 3 Getschow said 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 their intent to locate the new home on the property so as not to 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. Any future subdivision would require review and approval by the City. The Planning Commission voted 5-0 to recommend approval of the project at the September 28, 2015 meeting. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing and to approve first and second reading of the ordinance for zoning district change from Rural to R1-13.5 on 1.32 acres. Getschow said the Council can approve only first reading of the ordinance tonight because all of the Council Members must be in attendance to pass both first and second readings. MOTION: Butcher Wickstrom moved, seconded by Aho, to amend the motion to withdraw second reading of the ordinance. Motion carried 4-0. VOTE ON THE MOTION AS AMENDED: Motion carried 4-0. B. RESOLUTION NO. 100-2015 APPROVING 2015 SPECIAL ASSESSMENTS Getschow said there are three major projects included in the 2015 Special Assessments. The first major project includes the Eden Prairie Road improvements; the second project includes Shady Oak Road Phase I improvements; and the third is the Shady Oak Road Phase II improvements. He said the Eden Prairie Road improvements were ordered two years ago and include a large number of assessments. Rod Rue, City Engineer, gave a PowerPoint presentation reviewing the Eden Prairie Road assessments. He said the original feasibility report for the two phase construction of the road was completed in December 20, 2012, and staff was asked to look at different philosophies on assessments. The amended feasibility report was approved in August 2013. In October of 2013 a contract was awarded and the first phase of construction was completed late this summer. The feasibility report for the CITY COUNCIL MINUTES October 20, 2015 Page 4 second phase, which includes the final section of the road that goes down to Flying Cloud Drive, will be presented sometime in 2016 with construction sometime in 2017. He noted the construction costs for the first phase came in dramatically lower than the estimated cost of$4 million. Rue reviewed a graphic showing the Phase I area divided into four sections, each of which will be assessed differently. The green area will be assessed just for the over- sizing of Eden Prairie Road and the creek crossing costs; the blue area properties are assessed the same costs as those in the green area plus sewer and water costs; and the yellow area properties have an additional assessment for the storm sewer as well as those included in the blue area assessments. The tan section includes properties with frontage on Eden Prairie Road that will be assessed for all of the costs plus one-half of the street construction of Eden Prairie Road. He said the MAC parcels have a final assessment of just under$599,000, which will be deferred until they sell the property. Tyra-Lukens noted Items 2 and 3 for Phases I and II of the Shady Oak Road improvements affect only United Healthcare Services and will be considered separately after discussion of Item 1. Chris Bunn, 9850 Eden Prairie Road, asked about the process he can use to appeal the assessment. Rosow replied in order to appeal he would need to file a written objection tonight and within 30 days after tonight's meeting he would have to appeal to the Hennepin County District Court by serving a notice on the Mayor or the City Clerk of Eden Prairie and then filing the notice with the District Court within ten days after serving the notice to the Mayor or City Clerk. He said the notice should state his intent to appeal the assessment and include his property address and his signature. Mr. Bunn asked what role his appeal has tonight. Rosow replied tonight's hearing is the first step and gives an opportunity to tell the City Council why you think the assessment should not be approved in the amount that has been proposed. The City Council has the discretion to change the amount of the assessment. Mr. Bunn said he was concerned that the frontage costs of Eden Prairie Road are being assessed to some of the properties but is not being assessed to all of those who will use the road. The residents who live along Eden Prairie Road are not receiving the majority of the benefit of the improvements to Eden Prairie Road because it is a through street between Flying Cloud Drive and Pioneer Trail. Eden Prairie Road has a lot of traffic that is not from the residents who live along the road. He believed the City has the responsibility to cover part of the costs for road improvements. He asked the Council to reconsider how the assessments are being assigned for the Eden Prairie Road residents. Ellis replied there was discussion in 2013 about how the road would look. At that time City staffs recommendation was to cul de sac the road, because only 7% of the traffic uses that section of the road as a cut through. The public and the City Council expressed a desire not to cul de sac the road, so the City offered to pay for the majority of the cost for the final section of road down to Flying Cloud Drive. He CITY COUNCIL MINUTES October 20, 2015 Page 5 noted this section of Eden Prairie Road is not a collector road, rather it is a neighborhood road. Case said Mr. Bunn made a couple of points about the benefit to his property because it lacks depth. Case noted there will not be a lot of homes that will be going off Eden Prairie Road. Ellis replied staff did look at the value of this particular parcel. The other properties that are away from Eden Prairie Road paid for the value of the road in front of their homes when they purchased the lot. This particular property has access off Eden Prairie Road for the second lot so it could be two lots. The parcel is on Eden Prairie Road and will pay for one-half of the roadway, water, sewer and storm water drainage. Case commented the second lot seems different and asked if the 5.2% interest will begin to accrue immediately but will not be owed until division and sale. Rue replied this is a homesteaded parcel with potential for more development and is assessed with one unit of assessment for the homesteaded parcel. The balance of the assessment on the property with the potential for development is deferred until time of development with the interest accrued until that time. Case said he was concerned about the potential value of the second parcel because development of that parcel really does not seem viable. The interest accrued on the lot could eventually outpace the value of the lot. He believed we have to be able to connect our assessments to a real benefit. Ellis noted our assessments are based purely on the benefit to the lots. Rosow said the Council could start the interest on the deferred assessment at a different time if it wished to do so. Mr. Bunn was concerned that the study showing only 7%through traffic was done at the wrong time as he was quite sure there is more than 7%through traffic. He said his second lot would not have access to Eden Prairie Road, rather it only has access to Beverly Drive. He said he has more pressure to sell and develop with the 5.2% interest rate, and he was not sure he can afford to stay in the area. Chris Kline, 9700 Eden Prairie Road, said he concurred with Mr. Bunn about the situation. He said he is being assessed for nine units and was concerned whether the access to those nine units would be from Eden Prairie Road or by a cul de sac. He did not want a four-way intersection constructed in his backyard. He has a problem with elevations on his property and does not know how he would subdivide it into nine units. He noted his parking was taken away, and he cannot get internet or cable service. He didn't understand why the road is 32 feet instead of 28 feet, and suggested the City consider paying for the four feet of extra road as well as the extra landscaping being put in. He believed everyone should bear the same costs. Rue said the 32 foot road is fairly consistent with collector roads as well as some of the main neighborhood roads. Eden Prairie Road is a main road through the neighborhood and does allow parking on one side. He said there will be a trail along Eden Prairie Road that continues to the proposed park on the MAC property and then on down to Flying Cloud Drive. This trail is part of a regional trail system. He said there is always a need to determine a feasible way to develop small parcels, and they look at a way to make another road connection through an area which has CITY COUNCIL MINUTES October 20, 2015 Page 6 roads that were designed with that in mind. There is an option to have either a north/south connection or an east-west connection through the Kline property. With that connection, the Kline parcel had the potential for nine and possibly ten or more lots. Case was concerned if we would logically approve nine lots in that area,based on what is in there already. Rosow commented communities have to deal with this all the time. Staff comes up with what they believe is a reasonable number of properties to be assessed. In later years the property may come in for development and the rules may have changed. If it comes in with fewer units, that might change the situation and a rebate could be offered to the property owner if he had already paid for more units. The Council has to determine if staff has properly analyzed this, but would also have the opportunity in the future to manipulate legally the number to conform to the future development if there are fewer number of units developed. Case said he could see that nine lots would make sense if we look at values in Eden Prairie. He felt the benefit would be justified because the property has a potential value. He thought the land value will hold up, and did not believe we would be driving someone off their property. Rosow said the statute allows the Council to require that the interest be paid yearly on a deferred assessment, or it can be added to the principal but not paid currently. The statute also provides that the interest accrued prior to December 31 of the year the first installment is paid is forgiven. He noted it would be wise to have the same method of interest accrual on all the deferred parcels. Tyra-Lukens asked what would happen in that case because we did not defer the assessments done in earlier years. Rosow replied the Council has the option every year to look at the circumstances. The way it was done in the past does not bind the Council in the future. He noted there have been some discussions this year with a property owner who is 15 years into an assessment and did not realize the interest was accruing. Aho had questions about the division of property and the units assigned to the property. He was more comfortable that it doesn't actualize until the property is developed. He asked what really happens in terms of the City's finances if we defer or forgive the interest because the City is bearing the costs when we improve the road. Ellis replied the costs will be there, so it would be a cost the City would have to absorb. Getschow noted that the assessment rolls show it is not a large number on several properties because development has already occurred in that area. Whenever the City does an assessment project, we don't know how many prepayments will occur without having accrued any interest. The City is financing the project over time, and that is why there is an extra 2% added to the interest rate. We have to make the debt payment over time. Aho said it is fair to defer or forgive the interest if you defer the development. Case said government has to be careful to be perceived as fair, so it would be important to abide by prior precedent. His concern is with the perception of Eden Prairie Road being a somewhat more major road than the average neighborhood CITY COUNCIL MINUTES October 20, 2015 Page 7 road because it could serve as an alternative to Spring Road. Homes that sit right on major roads are at a slight disadvantage if they develop or rebuild. He asked if the second lot on the Bunn property would have access to Beverly or Eden Prairie Road. Rue replied the Bunn property is a corner lot and has the option of putting a driveway off Beverly or off Eden Prairie Road. He noted staff believed the long term use of some of these properties is to be combined with others in the area. Case asked if the assessment of the Bunn's second lot would be viewed in another class if it were perceived not to be on Eden Prairie Road but rather to be combined with another property. Rue replied the nearby lots in Reeder Ridge were assessed for frontage on Eden Prairie Road even though they do not have direct access onto that road. Tyra-Lukens commented everyone in Eden Prairie is funding the interest on bonds when we choose to defer interest on the assessments. She said over half of the amount for properties in Item 1 is deferred, and that is a lot of interest that all the other taxpayers in Eden Prairie would have to come up with to pay the bonds. Mike Miller, 16870 Beverly Drive, asked how the City arrived at the interest rate of 5.2%, especially in comparison with the treasury rate of 1.3%, and if the rate would be changeable over the 20 years if rates stay down. He noted he has paid over 37% of his purchase price in property taxes over the time he has lived in Eden Prairie. Getschow said the percentage is based on the rates we were tracking at the time the project started plus 2%. The Council would be approving this rate for this assessment at this particular time. Aho asked where the 2% figure comes from. Getschow said that is added onto the rate we receive and would cover a number of prepayments of assessments that might otherwise leave a gap in the total amount received. This debt is combined with other projects because we do not issue debt for just one project at a time. MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing. Motion carried 4-0. Case asked that Items 2 and 3 be covered under a separate motion from Item 1 so he could recuse himself on Items 2 and 3 but vote on Item 1. Aho was concerned whether we came to a decision on what we are going to do regarding forgiveness of interest and the options Mr. Rosow reviewed. The consensus was to vote on Items 2 and 3 before discussing forgiveness of interest for Item 1. MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt the portion of Resolution No. 2015-100 approving the Special Assessments for I.C. 11-5799 and I.C.11-5800 presented in the fall of 2015. Motion carried 3-0-1,with Case abstaining. MOTION: Case moved, seconded by Butcher Wickstrom, to adopt the portion of Resolution No. 2015-100 approving the Special Assessments for I.C. 01-5537 and CITY COUNCIL MINUTES October 20, 2015 Page 8 Supplementals. Case said he knows the property in Item 1 very well, and the viability is different throughout. There has to be a benefit, and he was concerned that the interest being accrued over time might exceed the value of the Bunn property. The interest could be deferred, but he was concerned about setting precedent. Aho said we do need to be consistent and fair to everyone. It is hard to look at it this year and come up with a new method of how we deal with interest on the properties. He noted if the property is never developed, it will not be assessed. Tyra-Lukens said approving assessments is always difficult, and it is not a perfect system. She did not think there was any perfect system because every lot is unique. Her inclination would be to go forward with this in order to be fair to all people in the community. There is an appeals process for individual property owners, and they could make a case to District Court. Case noted the City does not put money away for the roads and, typically, we ask people to pay to build the road in front of their house for the first time. For the second rebuild, we can do major assessments or we could pay for the improvements out of the General Fund, which would raise taxes three or four times what they are now. It is possible to come up with a franchise fee to prorate the rebuilding of roads, and that is what we now do here in Eden Prairie. He believed we are facing this situation now because Eden Prairie Road was not built to standards the first time. As the years go by we will have gone into a better system. We have made some big decisions going down the road on how we will rebuild our roads. VOTE ON THE MOTION: Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Aho 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 A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 5 AND SECTION 2.33 RELATING TO MASSAGE LICENSING Getschow said this 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 CITY COUNCIL MINUTES October 20, 2015 Page 9 ordinance provides that initial applications are reviewed by the Police Department and then approved or denied by the Council. The ordinance also sets up a procedure for appeals. The ordinance also amends City Code Section 2.33 to provide authority for background checks of applicants for massage licenses. He said the City Attorney drafted the revision. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the first reading of an ordinance amending City Code Chapter 5 and Section 2.33 relating to massage licensing. Motion carried 4-0. B. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 8 RELATING TO PARKING AND CAMPING Getschow said 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. Aho asked if there are designated campsites in Eden Prairie. Lotthammer replied there are no permanent sites. Butcher Wickstrom asked if a boat is considered a recreational vehicle. Rosow replied the boat would have to be placed on a trailer so the ordinance would prohibit anyone from living in the boat on a street. MOTION: Aho moved, seconded by Case, to approve first reading of an ordinance amending City Code Chapter 8 relating to parking and camping. Motion carried 4-0. C. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 4 MICRODISTILLERY COCKTAIL ROOM ON-SALE & MICRODISTILLERY OFF-SALE LICENSING Getschow said earlier this year the Council updated City code to match state law regarding tap rooms. After the code change was made we received an inquiry regarding opening a microdistillery. State law authorizes a microdistillery licensed by the state to provide a 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 sampled 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 CITY COUNCIL MINUTES October 20, 2015 Page 10 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. The state law also limits the amount of off-sal distilled spirits and addresses the hours for off-sales. Aho asked if we are just trying to be consistent with state law. Rosow said that was correct, but this would enable the City to issue licenses for a microdistillery. However, the City would not be in violation of state law if the Council decided not to issue the licenses. MOTION: Butcher Wickstrom moved, seconded by Case, to approve first reading of an ordinance amending City Code Chapter 4 relating to Microdistillery Cocktail Room on-sale and Microdistillery off-sale licensing. Motion carried 4- 0. D. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 5 RELATING TO FOOD TRUCKS Getschow said 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. Getschow said 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. Getschow noted we will soon see our City food truck. We have also had other inquiries about this. The ordinance matches the requirements for state licensing. MOTION: Aho moved, seconded by Case, to approve first reading of an ordinance amending City Code Chapter 5 relating to food trucks. Motion carried CITY COUNCIL MINUTES October 20, 2015 Page 11 4-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Bee Keeping and Pollinators--Mayor Tyra-Lukens Tyra-Lukens said she was concerned about an issue some residents brought to her attention. The City recently allowed beekeeping within the City of Eden Prairie, and we have had 8-10 people who have since asked to keep bees. Bees and other pollinators are losing numbers rapidly, and a lot of the decrease is thought to be due to the use of neonicotinoids in insecticides. Neonicotinoids are very dangerous to pollinators. The insecticide enters the entire plant structure and also goes into the soil. Communities all across the country are looking at this issue. She would like the City to look at our use of neonicotinoids and to buy plants that do not contain them. This is something that has risen to the forefront of concern with our environment and our food supply. She asked staff to go back and see what we can do about this situation and perhaps make a greater effort to educate residents. Case asked staff to bring back information from the League of Minnesota Cities about what other cities are doing. Getschow said staff will do that, and noted the Conservation Commission has had some discussion in this area as well. 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 CITY COUNCIL MINUTES October 20, 2015 Page 12 MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:38 P.M. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Raffle Organization: Eden Prairie Hockey Association Place: Eden Prairie Community Center 16700 Valley View Road Date: February 11, 2016 Amendment to Liquor License 2AM Closing Permit- Renewal Leisery LLC DBA: Brunswick Zone XL - Eden Prairie 12200 Singletree Lane - 1 - CITY COUNCIL AGENDA DATE: November 17, 2015 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Miller Rezoning Development/Planning Janet Jeremiah/Tania Mahtani Requested Action Move to: Approve second reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 1.32 acres. Synopsis This is final approval of the rezoning of the property located at 7555 192nd Street from Rural to R1-13.5. The 120-Day Review Period Expires on January 7, 2016. Attachments • Ordinance • Ordinance Summary MILLER REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 13-2015 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 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 17th day of November, 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. 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.) CITY COUNCIL AGENDA DATE: November 17, 2015 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning Eden Prairie Retail Janet Jeremiah/Julie Klima Requested Action Move to: • Approve second reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial-Regional-Services Zoning District on 0.8 acres; and • Approve Resolution for Site Plan Review on 0.8 acres; and • Approve the Development Agreement for Eden Prairie Retail contingent upon the receipt of the Consent and Subordination of the Mortgagees and Lessees. No permit shall be issued including but not limited to permits for land alteration or construction of improvements identified in the Development Agreement until subordination agreements have been submitted to the City Attorney in recordable form and in form and substance acceptable to the City Attorney from Select Comfort Retail corporation D/B/A Sleep Number, a Minnesota corporation, tenant under that certain unrecorded lease dated September 16, 2015 and New Cingular Wireless PCS, a Delaware limited liability company, d/b/a AT&T Mobility, tenant under that certain unrecorded lease dated October 16, 2015. Synopsis This is final approval of the development agreement and plans for the construction of a single story retail building. The 120-Day Review Period Expires on November 22, 2015. Attachments • Ordinance for PUD District Review • Summary Ordinance • Resolution for Site Plan Review • Development Agreement EDEN PRAIRIE RETAIL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 14-2015-PUD-7-2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof Section 2. That action was duly initiated proposing that the land be amended within the Commercial Regional Services Zoning District 14-2015-PUD-7-2015 (hereinafter "PUD-7- 2015-C-REG-SER). Section 3. The City Council hereby makes the following findings: A. PUD-7-2015-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-7-2015-C-REG-SER is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-7-2015-C-REG-SER are justified by the design of the development described therein. D. PUD-7-2015-C-REG-SER is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of November 17, 2015, entered into between ARC CAFEUSA001 LLC and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-7-2015-C-REG-SER, and are hereby made a part hereof Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Commercial Regional Services District and shall be included hereafter in the Planned Unit Development 7-2015-C-REG-SER, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. No permit shall be issued including but not limited to permits for land alteration or construction of improvements identified in the Development Agreement until subordination agreements have been submitted to the City Attorney in recordable form and in form and substance acceptable to the City Attorney from Select Comfort Retail corporation D/B/A Sleep Number, a Minnesota corporation, tenant under that certain unrecorded lease dated September 16, 2015 and New Cingular Wireless PCS, a Delaware limited liability company, d/b/a AT&T Mobility, tenant under that certain unrecorded lease dated October 16, 2015. Section 7. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 8. 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 6th 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 17th day of November, 2015. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2015. EXHIBIT A PUD Legal Description Lot 2, Block 1, Alexander Emmett Addition EDEN PRAIRIE RETAIL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 14-2015-PUD-7-2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 590 Prairie Center Drive within the Commercial-Regional-Services Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2015. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR EDEN PRAIRIE RETAIL WHEREAS, ARC CAFEUSA001 LLC has applied for Site Plan approval to construct a single story retail building, by an Ordinance approved by the City Council on November 17, 2015; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its September 14, 2015 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its October 6, 2015 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to ARC CAFEUSS001 LLC based on the Development Agreement between ARC CAFEUSS001 LLC and the City of Eden Prairie, reviewed and approved by the City Council on November 17, 2015. ADOPTED by the City Council of the City of Eden Prairie this 17th day of November, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: November 17, 2015 SECTION: Consent DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Community Development/Planning Transit Oriented Development Janet Jeremiah/Regina Dean Ordinance Requested Action Move to: • Approve second reading of Ordinance amending Chapter 11 by adding Subd. 11.26 Transit Oriented Development; and • Adopt Resolution approving summary of the Ordinance and ordering publication of said summary. Synopsis This is the second reading of the ordinance to create Transit Oriented Development code language. Background Information Between 1st and 2nd reading of the ordinance additional language was included into the pedestrian and bicycle facilities standards subdivision to address incorporation of public sidewalks and trails. Language was also included to allow public infrastructure, antennas and towers as a permitted use which is consistent with all sections of City Code. If the proposed TOD code language is adopted a series of next steps are proposed including updates to the Comprehensive Guide Plan and consideration of rezoning certain properties. Below are identified next steps if the TOD ordinance is adopted: 1. Review of the Comprehensive Guide Plan Language 2. Evaluation of the Comprehensive Guide Plan Land Use Map 3. Planning Commission and City Council Review of proposed Comprehensive Guide Plan Changes 4. Metropolitan Council Review of Comprehensive Guide Plan Changes 5. Implement zoning of properties for TOD and Town Center. Included, as an attachment, is a letter from business stakeholder Liberty Property Trust. The letter was received on August 18, 2015 on the afternoon of 1st reading of the ordinance. Staff will continue to work with the business community and other stakeholders through additional outreach and as changes to the Comprehensive Guide Plan are proposed. Attachments • Ordinance • Summary Ordinance • Resolution • Stakeholder letter dated 8/18/15 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY ADDING SECTION 11.26 RELATING TO TRANSIT ORIENTED DEVELOPMENT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 11 is amended by adding Section 11.26 as follows: SECTION 11.26.TRANSIT ORIENTED DEVELOPMENT(TOD). Subd. 1.Purposes. The intent of the Transit Oriented Development(TOD)zoning ordinance is to provide for development of attractive,compact,pedestrian-friendly,high density,environmentally and economically sustainable,transit-oriented areas which allow a complementary mix of land uses.A TOD land use pattern supports transit system investments,optimizes development opportunities,and helps achieve many goals and policies outlined in the Eden Prairie Comprehensive Plan.To support the intent of Transit Oriented Development(TOD),the specific purposes of the TOD zoning districts are to: A. Promote high density development within convenient walking and biking distance of a transit station, including increased residential densities,employee densities,and non-residential floor area ratios(FARs); B. Accommodate a complementary mix of market-supportive land uses including residential,office,public (buildings,plazas,open spaces),light industrial,and where appropriate,select commercial uses; C. Ensure building and site design is oriented to public spaces—streets,sidewalks,plazas,open spaces,and the transit station—and emphasizes a pedestrian-friendly environment; D. Support an urban design pattern that encourages active living and healthy mobility choices,including walking,biking,riding scooters,and rollerblading,and other forms of pedestrian travel and includes accommodations for persons with disabilities to connect to transit; E. Promote strategies and designs that decrease parking needs and requirements,including compact/mixed-use development patterns,on-street parking,joint use parking,structured parking,access to transit and shuttle services,bike sharing,and car sharing; F. Incorporate public amenities such as parks and plazas,civic spaces,public art,landscaped streetscapes, benches,and sidewalks/trails that provide connections between development sites,transit,and the City's overall sidewalk/trail network; G. Incorporate urban design principles that promote the safety and comfort of residents,employees,visitors, and transit riders; H. Promote high quality and aesthetically attractive building forms that contribute to a positive City image, help to identify the unique characteristics of the location,and enhance the streetscape environment for pedestrians,bicyclists,transit riders,and vehicular drivers;and I. Incorporate sustainability practices relating to building lifespan such as reuse and recycling of materials, energy and water efficiency,storm water management,and economic resilience through lower operating costs. There are three(3)Transit Oriented Development(TOD)zoning districts: A. The TOD-Mixed Use(TOD-MU)district encourages high-density,mixed-use,and pedestrian-oriented development that supports transit usage. B. The TOD-Residential(TOD-R)district allows for moderate-to high-density residential development with some allowance for limited commercial uses. C. The TOD-Employment(TOD-E)district allows for moderate-to high-density office,light industrial and institutional development with some allowance for limited commercial uses. The individual TOD district standards are described in Subdivision 4. Subd.2.Definitions. A. Transit Oriented Development(TOD)is commonly described as a community or development that mixes residential,office,commercial and open space,and allows for convenient or direct access to public transportation. The design of TOD is specifically influenced by transit and focuses on walkability and connections to other sites as well as transit. B. 10-Minute Walkshed is the area surrounding each of an existing or planned commuter bus or light rail transit station that is accessible by walking within a 10-minute timeframe. C. Commercial Ready—a space constructed to meet a minimum ground floor height that accommodates retail/commercial use as established by City Code Chapter 11.The intent of Commercial Ready standard is to provide the flexibility to occupy ground floor space in accordance with market demand while allowing a future transition to retail/commercial uses as the market dictates. D. Pilaster is a shallow rectangular column placed on a building façade,typically as a decorative architectural element to provide articulation of the building façade. E. Ornamental grillwork is a decorative metal grate placed on a building façade to provide screening and architectural interest along a street front facade. F. Stacked Building is a multi-level structure comprised of single-floor or multi-floor units that are stacked vertically and connected with one or more shared entries.This building type is typically designed for residential,hospitality,or office uses. G. Attached Building is an individual structure on a parcel consisting of multiple similar units arranged side by side where each unit shares a common wall with the adjacent unit.All building entries are located at the ground level facing the primary street or facing a courtyard that is open to the street. H. Flex Building is a building designed to be versatile and may be used in combination with office,research and development,sales/showroom,industrial processing,distribution/warehousing,or high tech. I. Liner Building is a building designed to line the outside of a parking structure along a public street frontage with an active ground floor use.A liner building may also include active upper floors. J. Building Break—Include recesses in the building façade,material changes,or other methods of building articulation that break down the perceived scale of the building or create visual interest.Building breaks create the impression that one building is two or more buildings and improve the building's overall composition and aesthetic. K. Building Stepback—A setback of a building's upper floor(s)in order to reduce the building's bulk, articulate the base of the building,ensure a more comfortable street environment,and provide light and air at street level. L. Building Street Frontage—The proportion of a lot's frontage on a public street that is occupied by a building as measured at the required maximum front yard setback.Corner lots must meet maximum front yard setback requirements for both public street frontages. M. Building Transparency—Openings in the street-facing façade of a building which are transparent,including windows and doors that enable increased physical and/or visual interaction between street/sidewalk/plaza activities and a building's interior uses and activities. N. Drive-Thru Facilities—Facilities that accommodate automobiles and from which the occupants of the automobiles may make purchases or transact business,including the stacking spaces needed for waiting vehicles.Examples of drive-thru facilities include,but are not limited to,drive-up windows,menu boards, order boards or boxes,drive-in restaurants and drive-up banks. O. Joint Use Parking-A parking facility shared by two or more uses,tenants,or properties. P. Mixed-Use Building—A multi-story building that contains allowed retail and services on the ground floor and allowed residential and/or office uses on the upper floors. Q. Neighborhood commercial—Small scale retail stores and personal services primarily serving residential areas and nearby businesses and their employees and small scale specialty shops and services as further defined in the Comprehensive Plan. R. Flex Space: A use providing its occupants the flexibility of utilizing the space.Usually provides a configuration allowing a flexible amount of office or showroom space in combination with manufacturing, laboratory,warehouse distribution,etc. Subd.3.Applicability. A Transit-Oriented Development(TOD)district shall apply to property zoned under this Section. Such properties will generally be within a 10-minute walkshed(the area within a 10-minute walking distance,or roughly a half- mile)of an existing or planned commuter bus or light rail transit station consistent with the Comprehensive Guide Plan. Nonconformities are governed under Minnesota Statutes 462.357,Subdivision 1.e as the same may be amended. Development proposals will be reviewed as part of the Site Plan and Architectural Design Review and Planned Unit Development process set out in City Code Chapter 11. Subd.4.District Development Standards. The following tables and diagrams include development standards for each of the three TOD zoning districts and are intended to illustrate the desired character,form,and scale of development within each district.Additional standards and required conditions that apply across all of the TOD zoning districts are addressed in Subdivisions 5 through 9 of this section. A. Development Standards: Transit Oriented Development-Mixed Use(TOD-MU). STATEMENT OF POLICY: The TOD-Mixed Use(TOD-MU)district encourages high-density,mixed-use,and pedestrian-oriented development that supports transit usage.The TOD-MU district is intended to generally be applied closest to the transit station.Buildings are mid-to high-rise structures with active ground floor uses.A mix of office,residential,hotel,and institutional uses,along with ground floor shops,services,and restaurants encourage activity throughout the day,and provide residents,visitors,transit riders,and employees with amenities and services that support their day-to-day needs within convenient walking distance. The specific permitted uses are set forth below in the chart titled Permitted Uses-TOD-MU District. The diagrams set out below are intended to illustrate the application of the above statement of policy. District Diagram - TOD MU District '1 - J i% 45°. @ Osa fi r' �11,rd44E4 1 06, 5 1'': , / \\, \ 'zl ^mm i I Transit, v ;70,00;1:::. �m� �mm�r � �� rs Skation ,«�a°:1:1[ iriti' okit lig , , . , „ .., , ,,,,k'' ''°h10;`',-,,,i, O'.0.141 %.4°' ' io' . ' lie'41°'1'1, ''-- ' -"' 41 0 itip -' \;'i 1ii "V%O�am �,4101mamo m. , \� am = � mm\ 10 mm4 � , , art �i' m�mm � v ;� \ / ` I e\�/ \\\ my gym' \ Q -, ,\m ° Land Use Character and Built Form - TOD MU District !!° t di toa.--, r ID �. n �- - ill r 'd rL Li, - L r \ Atii� d 1 w� ill Continuous 7 q iii �d� bz ip QQ 1)540,410 i • N -- Street Wall gQ4Qdq`�,it lii Iflf�00 + o-IV ' - ` r - ` i I -4 tig4�i ea0 liguif4 . 11 11 r • I a� Active Groan. il1LSO�Illglgi .' I Inn '� III Floor Uses . L 1I ' III 1 MI [D m Awnings& i" Clear Windows Shall Liner Building with L1, Setbacks Active Ground Floor Built Form Description: The TOD MU district features a high-density development pattern with stacked mixed-use buildings.Requirements for street-fronted architecture,minimal setbacks,and active ground floor uses contribute to a more safe and walkable street environment.To that end,parking is predominantly provided in structured or underground parking and is located away from primary transit streets. Permitted Uses—TOD-MU District Permitte Performance Standards Commercial 1.The ground floor in all buildings in the mixed use district - Neighborhood commercial shall be commercial along the primary transit street and - Restaurants and food service commercial ready along the secondary transit street. - Hotels/Hospitality/Lodging 2.Drive-thrus are only allowed when the drive-thru lanes are internally located within the parking structure. Office Business and professional offices 3.Neighborhood Commercial individual tenant space shall Residential not exceed 10,000 sq.ft.in area with the exception of Multiple-Family Dwellings grocery stores,which shall not exceed 25,000 sq. ft. in area. Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Off-Street Vehicular Parkin• Standards—TOD-MU District Multiple-Family Residential 1/dwelling unit(d.u.) 1/bedroom Visitor(Residential) None 1/5 dwellings Retail Stores&Services 3/1,000 sq ft Gross Floor Area 5/1,000 sq ft(G.F.A.) (G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq ft(G.F.A.) 5/1000 sq ft(G.F.A.) Hotel 1/guest room+ 1/employee None Others As determined by site plan review. A parking demand study may be required. Proof of parking may be included as part of a parking demand study formance Standards a 1.All off-street parking in the TOD-MU District shall be provided in an enclosed building or structure except as follows:residential visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2.The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process.Off-street parking requirements may be reduced if the applicant can demonstrate meeting the requirement through joint use,district,off-site,or on-street See Subdivision 6 for more on off-street parking standards. 3.Parking ramps facing a public street must be lined on the street-facing side with an active ground floor use or commercial ready space.If no upper floor uses are present the ramp must be appropriately screened as required in Subdivision 6. 4.For new development occurring within the TOD Districts,on-street parking along the use's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development.This count shall be rounded to the nearest whole number. IIii II II II U k II II II I1 11 I1 fl " II II I6 , - NI 1 0 L pIIIAI � � � III I Ii� arem 'E1 p ICI a____. a Diagram of Lot and Building Standards- TOD MU District Densi Standards-TOD MU District Performance Standards. Floor Area Ratio(FAR) 1.5 min 1.Parking structures shall not be included in calculation of number of floors and FAR. Residential Density 40 dwelling units/acre min 2.The above diagram is intended to show the proportion of usable open space required,but not Lot Standards-TOD MU District the exact location or distribution. See Subdivision 8 for more requirements on usable open space. Lot Size None 3.Buildings exceeding 40 feet in width along a (a)Lot Width 50 ft min street are required to incorporate articulation in street-facing facades.Articulation includes recesses (b)Lot Depth 100 ft min in the building façade,material changes,or other 6 methods of building articulation that break down (c)Front Yard Setback(ft) 0 min; 10 max the scale of large buildings and create visual (d) Side Yard Setback(ft) 0 min interest. 4. Commercial Use ground floor windows facing a (e)Rear Yard Setback(ft) 0 min primary transit street shall not preclude visibility. (g)Usable Open Space 2 7% 5.Within the Commercial Use all buildings shall have a primary entrance facing a public sidewalk or Impervious Surface Coverage 90%max public open space.Building entrances must be Building Standards-TOD MU District provided at least every sixty(60)feet along the primary transit street-facing facade of the building. (h)Street Frontage 75%min (f)Total Height(#of floors)1 4 min,max limited by 16.Front Yard Setbacks may be increased if outdoor language in the dining or usable open space is proposed as part of a Comprehensive Plan Planned Unit Development.Notwithstanding the diagram awnings,decks,overhangs,stairs,steps, (i)Ground Floor Height 12 ft min retaining walls and structures,signs,or bicycle parking,etc. shall not project into the public right of (j)Upper Floors Stepback(street 8 ft min way. facades only) (above 4 floors) (k)Façade Articulation(street every 40 ft max facades only)3 (1)Ground Floor Transparency 60%min (street facades only)4 Entry Spacing 6 60 ft(applicable to Commercial Uses only B. Development Standards: Transit Oriented Development-Residential(TOD-R). STATEMENT OF POLICY: The Transit Oriented Development—Residential(TOD-R)district allows for a mix moderate to high-density housing,including stacked and attached residential building types,as well as limited mixed-use development.Land uses in the TOD-R district shall be residential with a small amount commercial uses (ground floor retail,services,and restaurants)that support the day-to-day needs of residents.The TOD-R district shall generally be applied farther out from the transit station and provides more latitude in density and street frontage requirements while still promoting transit-supportive densities and pedestrian-oriented urban design.The specific permitted uses are set forth below in the chart titled Permitted Uses-TOD-R District. The diagrams set out below are intended to illustrate the application of the above statement of policy. District Diagram- TOD R District aPoi 1800 a,� \` P, . . ' ',..* ---0,,t-,,,,,.. ,.. ,,-. 1-_ ,, - -- .2- _ --01,414111r*- .---_, - , ,-----1,,46,, ,, ,.*:*4 -..`_‘... Fri.... ----- .",.. ev.',',Y,_ . , .{..,- f$ 4 L 4, ear �, s�s ! Ri �� F T _ `� � '$ aye ff!e�iy.' '� /�__ / dg 1 ` i r�yY�/�aF 4 \ lam . r: Land Use Character and Built Form - TOD R District �rfi,. ii ifi dl' „uiii i� 7 Q1� �n ii iii®� 0 li iiliii }Q' Q�r .. Ch OP ui fi n iu « i 2 pQ pppj U��l ii r - I d a ppp ' �qp II III r u� '� �i pQpp�l-...lil Ct�011�1na 1 .. 5 fl` __ \��p h ' a LE OP ��ii �q- �p "a ° b ° '_ U 0 D olio�l� ©� Rraw om;', 1 1,5 _ �.>,�0Er7 0 District Diagram,Land Use Character and Built Form Description: The TOD-R district features stacked and attached residential building types,as well as mixed-use building with active ground-floor uses.Requirements for street-fronted architecture and structured parking contribute to a more safe and walkable street environment. Slightly deeper setbacks allow for additional landscaping,gardens,and small front or side yards. Street-facing architectural details such as porches, stoops,and balconies encourage social interaction and contribute to the safety and comfort of the public realm. Permitted Uses—TOD-R District Permitted Use. Performance Standards Commercial 1.All commercial uses shall be limited to the street level - Neighborhood commercial floor of a building along primary transit streets. - Restaurants and food service 2.Neighborhood Commercial individual tenant space shall Office not exceed 10,000 sq.ft.in area with the exception of - Business and professional offices grocery stores,which shall not exceed 25,000 sq. ft. in area. Residential - Multiple-Family Dwellings 3.Drive-thrus are only allowed when the drive-thru lanes Public are internally located within the parking structure. - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Off-Street Vehicular Parking Standards—TOD-R District Us: #of spaces nun #of spaces(max) Multiple-Family Residential 1 per dwelling unit 1/bedroom Visitor(Residential) None 1/5 dwellings Retail Stores&Services 3/1,000 sq ft(G.F.A.) 5/1,000 sq ft(G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq ft(G.F.A.) 5/1000 sq ft Other As determined by site plan review. A parking demand study may be required. Proof of parking may be included as part of a parking demand study Performance Standards 1.All off-street parking in the TOD-R sub-district shall be provided in an enclosed building or structure except as follows:Residential visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2.The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process.Off-street parking requirements can be reduced if the applicant can demonstrate meeting the requirement through joint use,district,off-site,or on-street parking. See Subdivision 6 for more on off- street parking standards. 3.Parking ramps facing a public street must be must be appropriately screened—as required in Subdivision 6. 4.For new development occurring within the TOD Districts,on-street parking along the use's lot frontage may count towards the parking requirements if reviewed and approved through a Planned Unit Development.This count shall be rounded to the nearest whole number. Diagram of Lot and Building Standards- TOD R District p !I Ii p a II !� �� p 11 !I kN !1ll1! 11�� - --m11111111111111110 b 3 n 1I� III� m ul1 ft 0 1M NIP DI r8111iim . rri Nu fco 0 n I_a-_ Density Standards-TOD R District Performance Standards Residential Density 25 dwelling units/acre 1.Parking structures shall not be included in min calculation of number of floors and FAR. Lot Standards-TOD R District 2.The above diagram is intended to show the proportion of usable open space required,but not the Lot Size None exact location or distribution. See Subdivision 8 for more requirements on usable open space. (a)Lot Width 50 ft min 3.Buildings exceeding 30 feet in width along a street (b)Lot Depth 100 ft min are required to incorporate articulation in street- (c)Front Yard Setback(ft)6 0min;20 max facing façades.Articulation includes recesses in the building façade,material changes,or other methods (d) Side Yard Setback(ft) 10 min of building articulation that break down the scale of large buildings and create visual interest. (e)Rear Yard Setback(ft) 20 min 4.Commercial Use ground floor windows facing a (g)Usable Open Space 2 10% primary transit street shall not preclude visibility. Impervious Surface Coverage 75%max 5.Within the Commercial Use all buildings shall have a primary entrance facing a public sidewalk or Building Standards-TOD R District public open space.Building entrances must be provided at least every sixty(60)feet along the (h)Street Frontage 60%min primary transit street-facing facade of the building. (f)Total Height(#of floors)1 2 min,max is limited 6. Front Yard Setbacks may be increased if outdoor by language in the dining or usable open space is proposed as part of a Comprehensive Plan Planned Unit Development.Notwithstanding the diagram awnings,decks,overhangs,stairs,steps, retaining walls and structures,signs,or bicycle parking,etc. shall not project into the public right of (i)Ground Floor Height 10 ft min way. (j)Upper Floors Stepback(street 8 ft min facades only) (a building step back is required above 4 floors and encouraged below 4 floors) (k)Façade Articulation(street Every 30 feet facades only)3 (1)Ground Floor Transparency 40%min (street facades only) Entry Spacing 5 60 ft(applicable to Commercial Uses only) C. Development Standards: Transit Oriented Development-Employment(TOD-E). STATEMENT OF POLICY: The Transit Oriented Development—Employment(TOD-E)district allows for a mix of moderate-to high-density office,light industrial and institutional development with some allowance for limited commercial uses.The TOD-E district allows stacked office and mixed use buildings as well as multi-story flex buildings that can accommodate a range of living wage employment opportunities at higher densities.Retail, services,and showrooms are allowed in the district but limited to smaller scale businesses that support the needs of district employees or complement existing light industrial or office uses.The TOD-E district would generally be applied farther out from the transit station and provide more latitude in density and street frontage requirements while still promoting transit-supportive densities and pedestrian-oriented urban design. The diagrams set out below are intended to illustrate the application of the above statement of policy. District Diagram - TOD E District \ /� --_.,L,': ...,,....I--::!":i'I.,,;::4'L.,_,:,,..1,r1 1 �: ��. \ \ irE 4:4.4.'4 I.,:".',-;N::'''''' .1'.__,,,'1'''''': '":1,11 1:4 \ i�,� hYi'- 1 I�!°� lei: �� \ �-�` .1.'l':11'Pill'' �\� :I. s a� .Y"y�*% /- II r:4 16- /j j` 1:1' all ' ' 'li 7 j�/ a�1 E ///� � j '----':,-- l I i \ -\``�j / '7'1: Land Use Character and Built Form - TOD E District _� 1r-411romp- _._ p d_" °_ r_____ _ ______ ___ ,..[IQ 0 _- _ __ ~ - a+ 4 Au �� - OQ � it N. �' �j' I �f _ 00Li i:i 0@r"Y 0lr,'': /` / .*ii4`�`i1 4101.Ii44,d� ,�d Q V r1�'f i+ a+i00: r �i flf w District Diagram,Land Use Character and Built Form Description: The TOD-E district features stacked office and mixed use buildings,as well as multistory flex buildings.Requirements for street-fronted architecture contribute to a more safe and walkable street environment. Slightly deeper setbacks allow for additional landscaping,plazas,and other types of open space. Street adjacent features such as a canopy,awnings,plazas,and courtyards create a safe and welcoming environment. Permitted Uses—TOD-E District Permitted Uses Performance Standards Commercial 1.The ground floor in all buildings in the TOD-E district - Neighborhood commercial shall be commercial ready along the primary transit street. - Restaurants and food service 2.Neighborhood Commercial individual tenant space shall not exceed 10,000 sq.ft.in area with the exception of Office grocery stores,which shall not exceed 25,000 sq. ft. in area. - Business and professional offices 3.Drive-thrus are only allowed when the drive-thru lanes Light Industrial are internally located within the parking structure. - Manufacturing 4.Warehouse and Distribution shall be permitted in the - Research and design Light Industrial district as an accessory use. Warehouse - Wholesale and Distribution shall not exceed 10%of the Gross Floor - Processing Area of a structure. - Packaging - Showroom - Assembling - Compounding - Flex space - Live/work space such as artist lofts Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Off-Street Vehicular Parking Standards—TOD-E District if p. • ( ) of spaces(max) Retail Stores&Services 3/1,000 sq ft(G.F.A.) 5/1,000 sq ft(G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq ft(G.F.A.) 5/1000 sq ft(G.F.A.) Others As determined by site plan review. A parking demand study may be required. Proof of parking may be included as part of a parking demand study Performance Standards 1 1.A11 off-street parking in the TOD-E District shall be provided in an enclosed building or structure except as follows:visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2.The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process. Off-street parking requirements can be reduced if the applicant can demonstrate meeting the requirement through joint use,district,off-site,or on-street parking. See Subdivision 6 for more on off-street parking standards. 3.Parking ramps facing a public street must be must be appropriately screened as required in Subdivision 6. 4.For new development occurring within the TOD Districts,on-street parking along the use's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development.This count shall be rounded to the nearest whole number. Diagram of Lot and Building Standards- TOD E District 11 iiii ill- ii R. d u iiii iris irei Corr il" ® N j ��r� i 0 h j iiiii a O Density Standards-TOD E District Performance Standards Floor Area Ratio(FAR)1 .5 min 1.Parking structures shall not be included in calculation of number of floors and FAR. Lot Standards-TOD E District 2.The above diagram is intended to show the Lot Size None proportion of usable open space required,but not the exact location or distribution. See Subdivision 8 for (a)Lot Width 100 ft min more requirements on usable open space. (b)Lot Depth 100 ft min 3.Buildings exceeding 50 feet in width along a street are required to incorporate articulation in street- (c)Front Yard Setback(ft)6 0 min;20 max facing façades.Articulation includes recesses in the building façade,material changes,or other methods (d) Side Yard Setback(ft) 20 min of building articulation that break down the scale of (e)Rear Yard Setback(ft) 20 min large buildings and create visual interest. 4.Commercial Use ground floor windows facing a (g)Usable Open Space 2 5% primary transit street shall not preclude visibility. Impervious Surface Coverage 75%max 5.Within the Commercial Use all buildings shall Building Standards-TOD E District have a primary entrance facing a public sidewalk or public open space.Building entrances must be (h) Street Frontage 60%min provided at least every sixty(60)feet along the i primary transit street-facing facade of the building. (f)Total Height(#of floors) 2 min,max is limited by language in the 6.Front Yard Setbacks may be increased if outdoor Comprehensive Plan dining or usable open space is proposed as part of a Planned Unit Development.Notwithstanding the diagram awnings,decks,overhangs,stairs,steps, retaining walls and structures,signs,or bicycle (i)Ground Floor Height 10 ft min parking,etc. shall not project into the public right of way. (j)Upper Floors Stepback(street 8 ft min facades only) (a building step back is required above 4 floors and encouraged below 4 floors) (k)Façade Articulation(street Every 50 feet facades only)3 (1)Ground Floor Transparency 60%min (street facades only)4 Entry Spacing 5 60 ft (applicable to Commercial Uses only) Subd.5.Building Standards. All buildings shall provide pedestrian-oriented design features along streets,sidewalks,pedestrian ways,and pedestrian areas.Buildings and developments shall comply with the following standards for building design and pedestrian orientation: A. Buildings shall have a primary entrance facing a public sidewalk or public open space. B. Primary building entrances shall be architecturally emphasized and highly visible from the street,sidewalk, or pedestrian way,utilizing design features such as protruding or recessed entryways,awnings,canopies, pillars,unique building materials and/or architectural details. Residential buildings shall incorporate elements such as porches,stoops,and balconies that enhance the safety and comfort of the public realm. C. Buildings are required to incorporate articulation in street-facing facades that improves the building's overall composition and aesthetic,and contributes to a more aesthetically and visually interesting and walkable street environment.Articulation includes recesses in the building facade,material changes,or other methods of building articulation that break down the perceived scale of the building or create visual interest. Subd.6.Off-Street Vehicle Parking Standards. A. Parking structures shall be located behind buildings or located along secondary streets. B. Parking structure facades visible from public streets and public open space shall architecturally complement the building or buildings the parking structure serves through the use of exterior materials, architectural elements,and color.Parking structures shall include architectural elements that enhance the structure,break up its mass,and complement the building or buildings the parking structure serves. Examples of specific architectural elements that assist in meeting this requirement include decorative piers and pilasters,banding,reveals,architectural accents,wall plane articulation,decorative artwork, ornamental grillwork,recessed window openings,façade treatment variations,and locating tenant signs on the side of parking ramps. C. Parking structures may also incorporate liner buildings that screen the parking structure with active street- level uses.Liner building may include upper floor uses,or may utilize appropriate architectural elements as described above. Subd.7.Pedestrian and Off-Street Bicycle Facility Standards. A. Public sidewalks and/or trails may be required by the applicant in conformance with the Comprehensive Guide Plan and/or approved City bicycle and pedestrian plan. Design shall conform to the requirements of the City Engineer,Parks and Recreation Director or designee. B. An off-street sidewalk or multi-use trail shall be provided that connects the front door of the building to adjacent public sidewalks or trails that are either existing or part of an approved city trail plan or CIP. C. Off-Street Bicycle parking shall be provided at the following ratios at the time of initial certificate of occupancy or enlargement of a structure: 1. Office-minimum of 10 spaces,plus 1 space per 7,500 square feet of gross floor area. 2. Commercial—minimum of 10 spaces,plus 1 space per 3,500 square feet of gross floor area. 3. Public—minimum of 10 spaces,plus 1 space per 3,500 square feet of gross floor area. 4. Light Industrial—minimum of 10 spaces,plus 1 space per 10,000 square feet of gross floor area. 5. Residential- 1 space per 2 dwelling units. D. Location.Bicycle parking shall be located within 50 feet of the primary building entrance(s)and shall not obstruct sidewalks except as approved through a shared bicycle plan as referenced in Sub. 6. G. E. Bicycle racks shall be securely anchored to the ground and on a hard surface. Up to 25 percent of bicycle parking may be temporary or seasonal,but all temporary or seasonal bicycle parking shall be included within the proof of bicycle parking plan. F. Covered spaces.If twenty(20)or more bicycle spaces are required,then at least fifty(50)percent of the required bicycle spaces shall be covered. Coverage may be provided under roof overhangs or awnings,in bicycle lockers,indoor room,fenced in corral,within adjacent parking structures,or within underground parking structures. G. Shared Bicycle Parking. Shared off-street bicycle parking facilities are allowed to collectively provide bicycle parking in any district for more than one structure or use. The property owner or applicant shall demonstrate meeting the requirement through a joint use,district or shared parking agreement. H. Proof of Bicycle Parking.If it is demonstrated that the required bicycle parking is in excess of the actual demand,all of the required bicycle parking need not be constructed initially. The area of future parking shall be landscaped,but that landscaping shall not be used to satisfy landscaping requirements.Any spaces not constructed,as shown on the site plan,shall be constructed when determined necessary by the City Planner(or designee). The City Planner(or designee)shall notify the property owner in writing of the need to construct additional proof of bicycle parking spaces. No more than 50 percent of bicycle parking stalls shall be placed in proof of bicycle parking. Subd.8.Landscaping and Open Space Standards. A. All sites and buildings within the TOD district shall comply with Screening and Landscaping standards established in Section 11.03 Subd 3(G)of Chapter 11 of the City Code,except for Items 4. (a).Minimum Size Requirements for Plantings and 4. (b)Total Caliper Inches Required. The following standards apply within the TOD district in lieu of said Items 4.(a)and 4.(b): 1. Minimum Size Requirements for Plantings:Deciduous overstory plantings shall be a minimum of three(3)caliper inches;deciduous understory trees shall be a minimum of two(2)caliper inches; and coniferous trees shall be a minimum of eight(8)feet in height. 2. Total Caliper Inches Required:A minimum of three(3)caliper inches of trees shall be provided for every 500 square feet of on-site pervious surface area or portion thereof.Planting beds and/or decorative planting containers of 500 square feet or more may replace three(3)caliper inches of trees up to 50 percent of the caliper inches required for trees. 3. Planting Beds and/or Decorative Planting Containers: A minimum of six(6)shrubs per 500 square feet of on-site pervious surface area.Native plant species to the local hardiness zone and those which provide interest and/or color in the winter are encouraged. A variety of species including shrubs,ornamental grasses,ground cover,vines,annuals,or perennials to provide year round color shall be included. B. Due to the urban character of the TOD District,less landscaping space will be available typically than in other zoning districts.Therefore a higher level of landscaping design detail is required for the concentrated open space,pervious surface areas,plazas,planters,screening areas and streetscape areas.Examples of a higher level of landscaping design include rooftop gardens and green roofs,both of which are encouraged. A detailed landscape plan prepared by a landscape architect shall be submitted with the development application. Other privately owned amenities are encouraged,such as plazas,courtyards,fountains,outdoor art,roof top gardens and green roofs,and other decorative elements. C. The following privately owned and maintained Usable Open Space forms are permitted to meet the requirements for usable outdoor open space: 1. Pocket Park:A Pocket Park is an open space of no less than.05 acres in size that is available for recreation.A Pocket Park may be spatially defined by landscaping rather than building frontages and may be linear in form or shape.A pocket park may consist of a landscaped and maintained lawn,trees,and seating areas that are naturalistically disposed. 2. Square: An open space available for passive recreation and civic purposes.A Square Usable open Space is spatially defined by building frontages.Its landscape shall consist of paths,lawns,trees, hardscape,and public art formally disposed. Square Usable Open Spaces shall be located at the intersection of important main streets. There shall be no minimum size for a square. 3. Plaza:An open space available for public use,community events,and/or commercial activities.A Plaza Usable Open Space shall be spatially defined by building frontages. Its landscape shall consist primarily of hardscape,plantings,public art,and trees.There shall be no minimum size for a Plaza. 4. Play Area:An open space designed and equipped for the recreation of children.A Play Area shall be fenced and may include an open shelter.Play areas shall be interspersed within residential or mixed use areas and may be placed within a block.Play areas may be included within parks and greens.There shall be no minimum or maximum size. 5. Pedestrian way:Natural or landscaped walking paths and running trails. D. The following shall not constitute Useable Open Space: landscape strips or enlargements/enhancements of landscaping areas adjacent to the sidewalk;shrubs, flowers and other low profile landscaping around buildings,sidewalks and parking areas;required minimum building setback areas;yards associated with private dwellings;or outdoor areas that prohibit public or tenant access during normal business hours. Subd.9. Supplemental Analysis or Study. A. Traffic. All development and zoning projects in the TOD District require documentation of the expected traffic impacts of the development. The extent of the traffic analysis is dependent on several factors including the size,type,and location of the development. The City Engineer should be contacted early in the project to determine the appropriate scope of traffic analysis and to determine if a formal Traffic Impact Study is required. All development applications,regardless of size,shall document the size and type of the proposed development and provide Daily,AM Peak,and PM Peak traffic generation estimates for the development. B. TDM. All new development applications for office and light industrial uses shall include a Travel Demand Management(TDM)plan. The plan shall document TDM measures to be implemented,a two year budget, and an evaluation plan. TDM strategies that shall be considered in the TDM plan include,but are not limited to,financial incentives for carpoolers,vanpoolers and bicyclists,subsidized transit passes, preferential location of carpool/vanpool parking,bicycle racks and storage,access to shower and lockers, and promotion of commuter programs. As a condition of approval a TDM performance bond,cash escrow,letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 100%of the cost of implementing the first two years of the TDM Plan will be required.All new residential development applications should consider TDM strategies such as bikeshare and carshare memberships,subsidized transit passes,and an information kiosk onsite. C. Parking. All development and zoning projects in the TOD District require documentation of the parking plan for the project site including the number of required parking spaces,the number of provided parking spaces and any proposed use of proof of parking. The location and quantity of parking will be reviewed on a case-by— case basis as part of the development review process. Dependent on the specifics of the parking plan for the project site a formal Parking Study may be required. The City Planner should be contacted early in the project to review the parking plan for the project and to determine if a formal Parking Study is required. Subd. 10.Architectural Standards. All buildings shall comply with Architectural Standards established in Section 11.03 Subd 3(K)of Chapter 11 of the City Code. Subd. 11.Signage. All sites and buildings shall comply with Sign Permits standards established in Section 11.70. Subd. 12.Lighting. All sites and buildings shall comply with Glare standards established in Section 11.03. Subd. 13. Mechanical Equipment, Trash, Loading Facilities. All sites and buildings shall comply with the Screening standards in Section 11.03 Subd 3(G), Off-Street Loading Facilities standards in Section 11.03 Subd 3(I) and Wastes standards in Section 11.03 Subd 4(F)of Chapter 11 of the City Code. Subd. 14. Tree Replacement. Property within the TOD zoning districts shall be exempt from the Tree Replacement Plan Requirements provided in Section 11.55,Subd.4. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of August, 2015 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of November, 2015. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 15-2015 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 15-2015 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 17th day of November, 2015. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 15-2015 is lengthy and contains charts. B. The text of summary of Ordinance No. 15-2015, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance 15-2015 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on November 17, 2015. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 15-2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY ADDING SECTION 11.26 RELATING TO THE CREATION OF A TRANSIT ORIENTED DEVELOPMENT ZONING 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 amends Chapter 11, by adding Section 11.26 to create a Transit Oriented Development (TOD) Zoning District. The intent of the Transit Oriented Development (TOD) zoning ordinance is to provide for development of attractive, compact, pedestrian- friendly, high density, environmentally and economically sustainable, transit-oriented areas which allow a complementary mix of land uses. The Ordinance establishes three sub-districts within the TOD zoning district. The TOD-Mixed Use (TOD-MU) district encourages high- density, mixed-use, and pedestrian-oriented development that supports transit usage. The TOD- Residential (TOD-R) district allows for moderate- to high-density residential development with some allowance for limited commercial uses. The TOD-Employment (TOD-E) district allows for moderate- to high-density office, light industrial and institutional development with some allowance for limited commercial uses. The Ordinance sets forth performance standards, permitted uses, lot and building standards, parking standards, and landscaping and open space standards. The Ordinance also sets forth standards related to supplemental analysis or study, architecture, signage, lighting, mechanical equipment and tree replacement. 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.) DATE: 8-18-15 TO: Julie Klima CC: Regina Dean RE: TOD Zoning Ordinance Dear Julie: Per our meeting last Friday,August 14th regarding the proposed TOD Zoning Ordinance and review of the latest draft, it appears several changes from the initial draft have addressed some of Liberty's concerns, as expressed in our comments to the Planning Commission on July 27, 2015, with regard to how the ordinance would impact our current tenants and proposed PUD development. The ordinance, however, does continue to have language that may encumber future transactions and operations of our properties. In our meeting with the city staff it appears that there will be time and opportunity to resolve these continued concerns through potential changes to the zoning ordinance(s) or through the comprehensive plan updates. Our areas of concern still include the following: • Our sites becoming non-conforming including our future Liberty Plaza site. Per our meeting, it appears one option could be to have the Liberty Plaza site left out of the future TOD Zoning District. • Warehousing and distribution has become an accessory use for up to 10%of the gross floor area. This is in conflict with some current and future uses where 25%would be a more appropriate number to allow. • Only allowing surface parking for visitor parking is still restrictive for some projects, especially our Liberty Plaza site. • A 2-story minimum requirement is still restrictive for some areas of the proposed TOD districts and maybe could be limited to projects that front the main street. • Further clarification should be worked out on what areas of a parking structure should be architecturally enhanced regarding public streets and public open spaces. • Landscape requirement are excessive but we understand that staff is looking to change some of the standards. We appreciate the City working with us on these changes and would ask that any approvals reflect the need to continue to look at ways to have the ordinance support existing businesses and approved plans until such time as redevelopment occurs. I know it's late to get in the council's packet, but can you please forward or update them at tonight's meeting? Thank you. Sincerely, Richard A. Weiblen Vice President, Development Larkin IEo nari Larkin Hoffman ATTORNEYS 8300 Norman Center Drive Suite 1000 Minneapolis,Minnesota 55437-1060 GENERAL: 952-835-3800 FAX: 952-896-3333 WEB: www.larkinhoffman.com November 17, 2015 The Honorable Mayor Nancy Trya-Lukens And City Council Members City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Additional Comments on TOD Ordinance Dear Mayor and City Council: We represent Evine Live Inc., the owner of property with the addresses 6700, 6740 and 6678- 6698 Shady Oak Road(the"Property"). The purpose of this letter is to follow up our testimony to the City Council at the first reading of the proposed Transit Oriented Development("TOD") ordinance held on August 18, 2015. At that meeting, I raised concerns on behalf of our client about the negative impact of the TOD ordinance on the Property; these concerns are similar to those raised by other commercial/industrial property owners in proximity to the proposed station on Shady Oak Road and have been provided to City planning staff. (See attached letter, dated August 18, 2015.) On the record, I expressed practical concerns that any zoning change that renders the property nonconforming with regard to use regulations or noncomplying with the new TOD requirements, will have a negative impact on the value of the property and make it difficult for commercial and industrial property owners renovate, refinance or sell their properties. In response, the Mayor and Council member Aho asked staff to work with stakeholders to address these concerns. (See attached Minutes, dated August 18, 2015,page 9.) Unfortunately, despite the fact that staff made other changes to the TOD ordinance between the first and second reading, they did not address the concerns of stakeholders. Given that our concerns are real and substantial and shared by other property owners, we again ask the City Council to direct staff to work with us concurrent with amendment of the Comprehensive Plan and prior to any rezoning of the affected property. Thank you. ce y, i tam C. Griffith, for 6:72' Larkin Hoffman The Honorable Mayor Nancy Trya- Lukens and City Council Members November 17, 2015 Page 2 Direct Dial: 952-896-3290 Direct Fax: 952-842-1729 Email: wgriffith@larkinhoffman.com Enclosure cc: Janet Jeremiah, Community Development Director Regina Dean, Senior Planner Kathleen Porta, City Clerk Rob A. Stefonowicz, Esq. 4847-4450-2571,v. 1 Larkin o an Larkin Hoffman ATTORNEYS - - - -8300 Norman Center Drive Suite 1000 Minneapolis,Minnesota 55437-1060 GENERA! 952-835-3800 FAX 952-896,3333. wee: www.larkinhofFtnan,coin August 18,2015 The Honorable Mayor Nancy Trya-Lukens And City Council Members City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Impact of TOD Ordinance on 6740 Shady Oak Road Dear Mayor and City Council: We represent Evine Live Inc,,the owner of property with the addresses 6700, 6740 and 6678- 6698 Shady Oak Road(the"Property"). The purpose of this letter is to comment on the proposed Transit Oriented Development ("TOD") ordinance in general, and raise specific concerns regarding its application to the Property. Our client's concerns are similar to other commercial/industrial property owners in proximity to the proposed station on Shady Oak Road and have been provided to City planning staff, Overall, our client believes the planning and implementation of a regulatory framework encouraging transit oriented development in the vicinity of the proposed transit station is a laudable public objective. However, other communities have struggled with strict application of TOD regulations that diminish the value of existing commercial or industrial property in the near term. The key, as staff suggests, will be clear flexibility to transition between the built environment and any proposed redevelopment by allowing certain reasonable changes to the property as a matter of right rather than at the City's discretion. We are encouraged that City staff has identified these concerns and is suggesting a process for further mitigation. It appears that the Property has been identified for redevelopment in the Investment Framework for the Southwest Corridor,adopted by Hennepin County. Until such time as the owner of the property brings forward a redevelopment project for consideration by the City, which may be years from now, or not at all,the TOD regulatory framework should not discourage repair, maintenance, remodeling,repair and even modest expansion of the buildings on the Property. For that reason, I have highlighted provisions of the TOD-E district regulations which could interfere with this objective, if strictly applied,thereby devaluing affected properties. 1. The ground floor in all buildings in the TOD-E district must be commercial ready along the primary transit street. This means that the first floor must be built in such a way to accommodate commercial and retail uses. The Honorable Mayor Nancy Trya- Lukens and City Council Members August 18, 2015 Page 2 2. Off-street parking must be provided in an enclosed building or structure. This means parking must be underground or in structured parking,except visitor spaces, which could be located behind the building, away from the street on which transit is located. 3. Buildings exceeding 50 feet in width along streets are required to incorporate articulation in street-facing facades. 4. All buildings shall provide pedestrian-oriented design features along streets, sidewalks, pedestrian ways, and pedestrian areas. 5. Structures must provide a minimum of two stories; maximum height is limited by the Comprehensive Plan. 6. Warehouse and distribution is an accessory use and limited to 10%of the Gross Floor Area of a structure. This list is representative of the potential for difficulty in implementing the TOD ordinance if the City does not include clear and specific flexibility within the ordinance that does not require further action by the City Council in each case. In addition,it is noteworthy that the TOD ordinance simply cites to Minnesota Statutes,Section 462.357, Subdivision 1.e, and does not provide any greater protection to existing uses than afforded by statute. In a practical sense,if the Property is rezoned TOD-E, any zoning letter issued by the City at the request of a lender or buyer would most likely indicate that the Property is nonconforming with TOD ordinance. This creates an unnecessary stigma on the property which owners and lenders cannot address without first seeking some formal action by the City Council. We will continue to work with City staff to address the negative implications of strict application of the TOD ordinance to existing commercial and industrial property. We would suggest that these refinements are in place prior to any rezoning of the Property. Thank you: Sin rely, William C. Griffith, for r Larkin Hoffman Direct Dial: 952-896-3290 Direct Fax: 952-842-1729 Email:, wgriffith@larkinhoffman.com cc: Janet Jeremiah, Community Development Director Regina Dean, Senior Planner Kathleen Porta, City Clerk Rob A. Stefonowicz, Esq. 481 1-9036-2919,v. 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 17, 2015 SERVICE AREA/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Administration, Rick Getschow, Second reading of ordinance revising City Manager Chapter 5 and Section 2.33 of the City Code relating to massage licensing Requested Action Move to: Approve second reading of an ordinance amending City Code Chapter 5 and Section 2.33 relating to massage licensing and adopt Resolution approving Summary Ordinance for publication. 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 Summary Resolution Summary 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 therein. 1 of 8 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. 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 2 of 8 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 "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 3 of 8 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, 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 4 of 8 (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 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. 5 of 8 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". 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: 6 of 8 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 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 7 of 8 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. 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 at a regular meeting of the City Council of said City on the 17th day of November, 2015. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on 8 of 8 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 Education7, or licensed by the Minnesota Office of Higher Education. D. Accredited Program - a professional massage program accredited by the International Massage and Somatic Therapies Accreditation Council (IMSTAC), 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. 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. L. 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. M. 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. Investi atg ion. 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 deliver a license certificate to the applicant at the address noted in the application. F. Term of License. Massage therapist Licenses issued under this Section shall expire on the one y ar anniversary of issuance of the license. Therapeutic massage enterprise licenses shall expire on December 31 of each year. 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.The City may deny renewal of a license on the same grounds for suspension or revocation of a license.The City shall notify thc licensee in writing if thc license will not be fenewed.The notice 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 in accordance with Subdivision 10 (B) (2) of this Section. The by submitting a hearing request for appeal must be submitted to the CityChief of Police within fourteen (11ten (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 Consideration.The City is empowered to conduct any and all investigations to verify the information on applications submitted under this Section, including ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant.A denial of an application shall be communicated to the applicant in writing.An applicant may app of a denial within fourteen (14)days of the date of the denial by submitting a request in writing to the City.The app of shall be conducted in accordance with Subdivision 10(B)(2)of this Section. Upon approval of an application,the City Clerk shall issue and deliver a license certificate to the applicant at the address noted in the application. 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 other organizationloint 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 promptly notify the City in writing within 15 days of any such 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;or (g) Does not meet the definition of therapeutic massage enterprise in Subdivision 2 of this Section.-; (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; (()_ 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 (I) 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 foursix hundred (400600) hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two (two2)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; (j) 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; (I) 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 e-license nor a 114Massage tTherapist license is not 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. Places licensed by the state of Minnesota as a "Salon" defined by Minnesota State Statute 155A.29. Persons working solely under the direction and control of a person duly licensed by this state to practice medicine,surgery,osteopathy,chiropractic, physical therapy, or podiatry. 4. B. , home established for the hospitalization or care of human beings. 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; b. The location does not hold a license to sell alcoholic beverages; 7 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. 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 (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. 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 Issuance of Temporary Massage Therapist i A. License Conditions.The City may issue a temporary massage therapist license to the following individuals who can demonstrate to the City that he or she: 1. Has current insurance coverage of one million dollars ($1,000,000) for personal liability in the practice of massage;and 2. Has completed four hundred (400) hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two years of full time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. B. Duration and Limit of License.A temporary massage therapist license shall be effective for a maximum of four {1) days, and a therapist shall not be issued more than three (3) temporary licenses during a twelve month period. 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,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 License Application and Fee.A temporary massage therapist license may be issued only upon receipt of the fee days prior to requested effective date of the temporary license.Persons Ineligible for License. No temporary massage therapist license shall be issued to a person who is otherwise ineligible pursuant to Subdivision 6(B)of this Section.lnvestigation and Consideration.Investigation and consideration of a temporary massage therapist license and app al of a denial of a temporary massage therapist license shall be conducted in accordance with Subdivision 5 (C)of this Section. Subd-1-0 Subd.91-8. 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 or, tranquilizers or synthetic drugs on the licensed premises. B. Notice and Appeal. Upon a finding that a licensee has violated thc requirements of this Section,the City may issuc a notice of 1. Notice.A revocation or suspension or revocation shall be preceded by written notice from the Chief of Police or his or her designee to the licensee setting forth thc violation(s).and an opportunity for a hearing. The notice shall furthcrstate 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 fourteen (11ten (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 fourteen (14ten (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: (b) if a hearing is requested, after the licensee is informed of the decision of the City ManagerCouncii. 2. Hearing. If the licensee requests 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 City Managcr.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 decision which reverses or affirms the suspension or revocation at issuc and shall notify the licensee of his or her decision recommendation to the City Manager in writing—Rd-et-lee—of Haring Officer's Notice of Decision")._ If the hearing officer's dccisionrecommendation is to affirm the suspension or revocation, he or she shall include in the Hearing Officer's Netiee of s:onwritten recommendation his or her findings and conclusions supporting the decision.Any appeal 11 3. Decision. Within thirty (30) days of the Hearing Officer's decision shall be filed in Hennepin- County District Court.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.4410.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 OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. -2015 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. -2015 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 17th day of November, 2015. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. _-2015 is lengthy and contains charts. B. The text of summary of Ordinance No. 27-2007, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _-2015 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on November 17, 2015. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CHAPTER 5, SECTION 5.46 AND CHAPTER 2, SECTION 2.33 RELATING TO THE ISSUANCE OF MASSAGE LICENSING AND BACKGROUND CHECKS, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 5.99 AND 2.99 WHICH,AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS The following is only a summary of Ordinance No. -2015. The full text is available for public inspection by any person during regular business hours in the office of the City Clerk. Summary: This ordinance amends Section 5.46 and 2.33 of the City Code relating to massage licensing, revising the procedures, updating the regulations relating to enforcement, amends 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 amends the procedures for issuance, renewal and suspension/revocation. The ordinance also amends City Code Section 2.33 to provide authority for background checks for applicants for massage licenses. 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 . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CHAPTER 5, SECTION 5.46 AND CHAPTER 2, SECTION 2.33 RELATING TO THE ISSUANCE OF MASSAGE LICENSING AND BACKGROUND CHECKS, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1, AND SECTIONS 5.99 AND 2.99 WHICH,AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS The following is only a summary of Ordinance No. 2015. The full text is available for public inspection by any person during regular business hours in the office of the City Clerk. SUMMARY: This ordinance amends Section 5.46 and 2.33 of the City Code relating to massage licensing, revising the procedures, updating the regulations relating to enforcement, amends 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 amends the procedures for issuance, renewal and suspension/revocation. The ordinance also amends City Code Section 2.33 to provide authority for background checks for applicants for massage licenses. 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 . CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Second Reading of Ordinance Amending Rob Reynolds, Police Chief City Code Chapter 8 Relating to Parking and Camping Requested Action Move to: Approve second 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. 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 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 20th day of October, 2015, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 18th day of November, 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: Consent Agenda November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Administration, Rick Approve 2nd Reading of Ordinance Amending Getschow, City Manager 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 second reading of an ordinance amending City Code Chapter 4 relating to Microdistillery Cocktail Room on-sale and Microdistillery off-sale licensing and adopt Resolution approving Summary Ordinance for publication. 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. Attachments Ordinance Summary Resolution Summary 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 20th day of October, 2015, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of November, 2015. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on the day of , 2015. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. -2015 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. -2015 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 17th day of November, 2015. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. _-2015 is lengthy and contains charts. B. The text of summary of Ordinance No. 27-2007, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _-2015 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on November 17, 2015. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CHAPTER 4, TO PROVIDE FOR THE ISSUANCE TO A MICRODISTILLERY AN ON- SALE MICRODISTILLERY COCKTAIL ROOOM LICNESE AND AN OFF-SALE LICENSE FOR DISTILLED SPIRITS MANUFACURED ON-SITE AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS The following is only a summary of Ordinance No. 2015. The full text is available for public inspection by any person during regular business hours in the office of the City Clerk. Summary: This ordinance amendment allows for the issuance to the holder of a microdistillery licensed under state law an on-sale microdistillery cocktail room license and an off-sale license for the sale of distilled spirits. 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. 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 . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CHAPTER 4, TO PROVIDE FOR THE ISSUANCE TO A MICRODISTILLERY AN ON- SALE MICRODISTILLERY COCKTAIL ROOOM LICNESE AND AN OFF-SALE LICENSE FOR DISTILLED SPIRITS MANUFACURED ON-SITE AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS The following is only a summary of Ordinance No. 2015. The full text is available for public inspection by any person during regular business hours in the office of the City Clerk. SUMMARY: This ordinance amendment allows for the issuance to the holder of a microdistillery licensed under state law an on-sale microdistillery cocktail room license and an off-sale license for the sale of distilled spirits. 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. 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 . CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Rob Reynolds, Police Chief First Reading of Ordinance Amending City Code Chapter 5 Relating to Food Trucks Requested Action Move to: Approve second reading of an ordinance amending City Code Chapter 5 relating to food trucks and adopt Resolution approving Summary Ordinance for publication. 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 Summary Resolution Summary 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 1 of 5 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. 2 of 5 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. I. 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. 3 of 5 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 4 of 5 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 20th day of October, 2015 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of November, 2015. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on 5 of 5 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. -2015 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. -2015 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 17th day of November, 2015. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. _-2015 is lengthy and contains charts. B. The text of summary of Ordinance No. 27-2007, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _-2015 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on November 17, 2015. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CHAPTER 5, BY ADDING SECTION 5.76 RELATING TO MOBILE FOOD STANDS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH,AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS The following is only a summary of Ordinance No. 2015. The full text is available for public inspection by any person during regular business hours in the office of the City Clerk. Summary: The ordinance amends Chapter 5, Section 5.76 which provides for the regulation of food stands including nonmotorized food carts, mobile food units (food trucks) and seasonal stands. 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. 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 . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CHAPTER 5, BY ADDING SECTION 5.76 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS The following is only a summary of Ordinance No. 2015. The full text is available for public inspection by any person during regular business hours in the office of the City Clerk. SUMMARY: This ordinance amends Chapter 5 by adding Section 5.76 which provides for the regulation of food stands including nonmotorized food carts, mobile food units (food trucks) and seasonal stands. 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. 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 . CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 17, 2015 DEPT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Rick Getschow/City Small Business Saturday Proclamation Manager This is the fifth year the City of Eden Prairie is supporting the Small Business Saturday initiative by approving a proclamation. Small Business Saturday is a national initiative that marks a day to support the local businesses that create jobs, boost the economy and preserve neighborhoods around the country. The inaugural Small Business Saturday was held in 2010 and involved 130 small business advocate groups, 1.2M Facebook users,public and private organizations, and local governments. PROCLAMATION DECLARING NOVEMBER 28, 2015 AS SMALL BUSINESS SATURDAY IN EDEN PRAIRIE WHEREAS,the City of Eden Prairie,celebrates our local small businesses and the contribution they make to our local economy and community; and WHEREAS,according to the United States Small Business Administration,there are currently 27.9 million small businesses in the United States,representing more than 99 percent of American employer firms,creating two-thirds of the net new jobs, and generating 46 percent of private gross domestic product,as well as 54 percent of all U.S. sales; and Whereas, small businesses employ over half of the employees in the private sector in the United States; and Whereas 89 percent of consumers in the United States agree that small businesses contribute positively to the local community by supplying jobs and generating tax revenue; and Whereas 87 percent of consumers in the United States have small businesses in their community that the consumers would miss if the small businesses closed; and Whereas 93 percent of consumers in the United States agree that it is important for people to support the small businesses that they value in their community; and WHEREAS, the City of Eden Prairie supports our local businesses that create jobs, boost our local economy and preserve our neighborhoods; and WHEREAS, advocacy groups and public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. NOW,THEREFORE,the Eden Prairie City Council does hereby proclaim,November 28,2015,as: SMALL BUSINESS SATURDAY Nancy Tyra-Lukens Mayor CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Matt Bourne, Parks &Natural Resolution for the Purchase and sale of Resources Manager Tax Forfeited Property Requested Action Move to: Adopt Resolution for purchase of tax forfeited property within Eden Prairie and authorize the sale to Heritage Village Homeowners Association. Synopsis Hennepin County Taxpayer Services staff has notified the City of an undeveloped land parcel within the city that has been listed as tax forfeited property. This parcel is listed on the Tax Forfeited Land Classification List# 1807 for the public meeting on December 17, 2015. This property has been pronounced tax forfeited to the State of Minnesota for non-payment of property tax. The parcel of property is legally described as: PID#20-116-22-33-0125, OUTLOT A HERITAGE VILLAGE Once transferred to the City,the parcel would be sold to the Heritage Village Homeowners Association for all costs and fees incurred. Background This is a 2.76 acre parcel of land that lies west of Dell Road between Heritage Village Townhomes and the Seven Pines Addition.It is a heavily wooded land parcel that is protected by a Scenic Conservation Easement.City staff identified diseased elm trees on the property and contracted for their removal once the registered property owner did not comply with the diseased tree removal notice.This cost was then assessed to the property,causing it to go tax forfeit. The Heritage Village Homeowners Association has expressed interest in owning the property to keep from being forced to move a retaining wall that was built on this parcel.After speaking with Hennepin County staff,the best course of action would be for the City to purchase the property and then sell it to the homeowners association for the purchase price plus costs incurred from diseased tree removal and other filing or legal fees,allowing the City to recoup these initial expenses. Recommendation Staff recommends purchasing this parcel, allowing the City to then sell the parcel to the Heritage Village Homeowners Association for the purchase price plus the special assessment and any other fees incurred. Attachments • Resolution • Parcel Map • Purchase Cost Statement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION ADVISING THE DISPOSITION OF TAX FORFEITED LAND WHEREAS, the City of Eden Prairie has received from the County of Hennepin, the Tax Forfeited Land Classification List# 1807, which lists property in said municipality which have become property of the State of Minnesota for nonpayment of real estate taxes; and WHEREAS,provided in Minnesota Statute 282, the City Council is asked to give input regarding the disposition of these parcels of land; and WHEREAS, the City has been notified that Hennepin County is to hold a public meeting on December 17, 2015 to take public input related to the property as provided for in Minnesota Statute 282; and WHEREAS,the City may request that the property be sold to the City or provide input to the County Board of the suggested disposition of the property. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie does have an interest in requesting the Board of Hennepin County sell this land parcel to the City and does advise the Board of Hennepin County to dispose of the parcel in the following way: Parcel 1 - PID 20-116-22-33-0125 should be sold to the City of Eden Prairie for the appraised value ADOPTED by the City Council of the City of Eden Prairie this 17th day of November, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk IIIUIIIII City of Eden Prairie inu_ ,.11. r • ICCiftle { 4'a .ASO. ...will ilt 0 li Via. 1 . r. 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' Ill • N ' IS4° ' •' .P , d L > " Iii hi �� OUTLOT A HERITAGE VILLAGE 0 0.05 0.1 gSCLAM ER:The Ciy of Eden Prairie does not warrant the accuracy nor the correctness et ,KA �: et the nformatin.Inlairedin this map.ttis your fdnPrairrespond be liable biefor an accuracy I Miles I I I I I Miles dthia information.In no event wllThe Cky of Eden Rairie be liablebr any damages, - Ind tdl ng loss of business,lost profits business lntenuptlon,loss of busnessinformation 1 a other pecuniary loss that m lght arise fAM the use of this map or the intonation - contains Map informal ion a tel ie,ed to be accurate but accuracy is not guaranteed. .y , : .., Feet I I I I I Feet M y errors or omis s ens should be reported to The Ciry of Eden Prairie I ' . 0 310 620 Scale: 1:5,165.4 .Any aerial phobgraphy and parcel geom ety wasobeined tom Hennepin County and all re bound by the express wn lien contract between Hennepin County and the Cky cf Eden P rairie. Hennepin County Resident and Real Estate Services Tax Forfeited Land Cost Sheet for Governmental Subdivision From: Michael Wolf- Property Management Specialist Date: 11/15/15 Direct: 612-348-5102 PREPARED Eden Prarie Matt Bourne 952-949-8535 mbourne@edenprarie.org PROPERTY ID# 20-116-22-33-0125 NER#23550 PURCHASE COSTS: Assessed Value $100.00 Specials After Forfeiture $0.00 Assurance Fee (3%) $3.00 State Deed Preparation Fee: $25.00 Filing Fees: {TFL to file deed} $51.00 State Deed Tax: { $ 1.70/ $500 or part thereof- see chart } $1.70 TFL Holding Costs per MN Statute 282.01 Subd 1. $0.00 FULL PAYMENT REQUIRED: Total: $180.70 DATE PREPARED: 11/15/15 * VALID THROUGH: 12/30/15 Payment must be postmarked December 30, 2015 CERTIFIED FUNDS PAYABLE AT TIME OF APPLICATION MAKE PAYABLE TO: HENNEPIN COUNTY TREASURER SUBJECT PARCEL: 61 Address Unassigned PID NUMBER: 20-116-22-33-0125 *Hennepin County reserves the right to update cost at anytime Cost Estimate Only Revised 6/09/2015 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Paul Sticha, Administration, Fire Station 3 Sleeping Quarters for Facilities Duty Crew Requested Action Move to: Award the contract for construction of Fire Station 3 sleeping quarters to Diversified Construction. Synopsis Quote Diversified Construction $73,034 RJ Marco Construction $76,664 Gardner Builders $80,277 Background Fire and Facilities staff determined what remodeling was required to provide sleeping quarters for the duty crew at Fire Station 3, DSO Architecture prepared plans and specifications. Three quotes were receives, with Diversified Construction being the low bidder. Staff recommends accepting the quote from Diversified. Attachments • Construction Contract • Proposal Standard Construction Contract This Contract ("Contract") is made on the 17th day of November, 2015, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Diversified Construction, a Minnesota corporation (hereinafter "Contractor") whose business address is 4931 West 35th Street, St. Louis Park, MN 55416. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for remodeling Fire Station 3 to incorporate sleeping quarters for the Duty Crew, hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with plans and specifications developed by DSO Architecture dated October 1, 2015 and attached proposal from Diversified Construction dated November 5, 2015. The terms of this Contract shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by February 26, 2016. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $73,034.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in DSO plans and specifications and Contractor's proposal as described above. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. Const 'uotion P ROPOSAL N ovember 5 , 2015 Paul Sticha — Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie , MN 55344 Diversified Construction proposes to furnish labor and material for work to be performed for City of Eden Prairie at 7350 Eden Prairie Rd . , Eden Prairie , MN , per drawings A3 . 1 Floor Plan G , Floor Plan , A3 . 2 — Demolition and Product Specifications , A3 . 3 — Ceiling Demolition and Reflected Ceiling Plan and A3 . 4 — Section at New Windows , all dated October 1 , 2015 ; Addendum No . 1 , as prepared by dsc Architecture for the Eden Prairie Fire Station No . 3 : P ROPOSAL TO INCLUDE : 1 . DEMOLITION 2 . GYPSUM BOARD WALLS/ FRAMING 3 . HOLLOW METAL DOOR/DOOR HARDWARE 4 . ACOUSTICAL CEILINGS 5 . LIGHTING/ POWER 6 . HVAC 7 . CAP EXISTING PLUMBING 8 . LINTEL WORK 9 . FIRE PROTECTION 10 . NEW WINDOWS 11 . PAINTING 12 . MASONRY INFILL 13 . FLOOR CARPETING & BASE 14 . GENERAL CONDITIONS/CLARIFICATIONS A . Permit cost is not included in the budget . State fees are included . B . General labor is included . C . Dumpsters are included for removal of job related debris . D . Project supervision is included . COnMIMERCIAL BUILDING & REMODELING 4931 West 35th Street 0 St. Louis Park, MN 55416 ° Ph : (952) 929-7233 . I: (952) 929-6734 0 www . DiversifiedConstruction . com E . Does not include design drawings or architectural fees . F . Final construction cleanup is included , however a white glove clean is not included . G . Project Management is included . H . Work to be performed during normal business hours . I . Temporary power , water and gas are to be paid by the tenant . J . We do not include any window treatments . K . We do not include any work stations , lockers , millwork or furniture . L . We do not include any work at the Fitness Center at this time . M . We do not include ANY LOW VOLTAGE/DATA WORK OF ANY KIND which would include any audio-visual equipment , communications equipment , wiring and devices , electronic access control , intrusion detection or video surveillance . N . Builders Risk Insurance . Diversified Construction is insured and can supply Builders Risk Insurance for an additional cost . O . Diversified Construction operates an open and merit shop . We have computed our bid using our usual rates for this type of work. If awarded the contract , we will perform the work described herein with employees and subcontractors of Diversified , some of which are non -union . P . Price is based on proposal as written . Costs for your project have been figured based on the scope of work as described in this proposal . If an item of work is not listed in proposal , it has not been included in the price , therefore any additional work requested by city officials , landlord or tenant to be considered over and above the budget amount . TOTAL PROJECT COST : $ 73 , 034 . 00 Respectfully submitted , David Sch . /e Project Manager Responsible Contractor Verification I am an owner or officer of Diversified Construction [name of bidder] ("Bidder") , I hereby verify that Bidder is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C .285 , subdivision 3, and as explained in the attached document entitled "Responsible Contractor Requirement. " I further agree that Bidder has received a signed statement under oath from each subcontractor and motor carrier that Bidder intends to use to perform work on the project verifying that the subcontractor and motor carrier meets the minimum criteria under Minn. Stat. § 16C .285 , and that Bidder will furnish such statements to the contracting authority upon request. Bidder intends to retain the following first-tier subcontractors and motor carriers for work on this project : Prairie Electric Electrical Contractors Co . , Inc. Northland Construction Services , Inc. Steinkraus Plumbing , Inc. Clark Drywall and Construction Midland Glass Co . , Inc. Kirk Acoustics Inc. Top Quality Painting , Inc. Agape Mechanical TR Concrete Summit Companies LaVan Floor Covering Company If Bidder is awarded the contract for the project, I further agree that Bidder will submit the attached document entitled "Additional Subcontractor and Motor Carrier List" as required. Signed this 5th day of November , 2015 � a By: Brian Petersen [printed name] Chief Operating Officer [title] of Diversified Construction [name of bidder] STATE OF MINNESOTA ) ) ss . COUNTY OF tiMri ) Signed and sworn to before me on N WW14 v-GV , 20 0 , by 1/1 �,w ,,, KRISTINE ASHLEY ROWLAND ? �„ Notaryfublic 4 �+ _.a ) Minnesota \ ; My Comm. Expires otary Public a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Contractor's request for final payment shall be accompanied by Contractor's affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager. The Contractor has designated David Schaffer to Manage the Work. He shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. Standard Construction Contract 2015.07 Page 2 of 11 All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. Standard Construction Contract 2015.07 Page 3 of 11 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. Standard Construction Contract 2015.07 Page 4 of 11 In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. Not applicable. 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor's and motor carrier's compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. Standard Construction Contract 2015.07 Page 5 of 11 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: David Schaffer Diversified Construction 4931 West 35th Street St. Louis Park, MN 55416 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 21. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence Standard Construction Contract 2015.07 Page 6 of 11 $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. Standard Construction Contract 2015.07 Page 7 of 11 m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 22. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, Standard Construction Contract 2015.07 Page 8 of 11 contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 23. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 24. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. 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. 26. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Standard Construction Contract 2015.07 Page 9 of 11 Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 27. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 28. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 29. Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 32. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 33. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 34. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 35. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 36. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 37. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Standard Construction Contract 2015.07 Page 10 of 11 Work to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the Work to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager DIVERSIFIED CONSTRUCTION By: Its: Standard Construction Contract 2015.07 Page 11 of 11 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.VIII.L. Rick Getschow, Office of the PACE—Approve the Amended and Restated City Manager Joint Powers Agreement with the St. Paul Port Authority Requested Council Action Move to: Adopt the Resolution approving the Amended and Restated Joint Powers Agreement between the Port Authority of the City of St. Paul and the City of Eden Prairie to implement the Minnesota Property Assessed Clean Energy Program (MN PACE) in Eden Prairie. Synopsis The Port Authority of the City of Saint Paul has established the Property Assessed Clean Energy Program (MN PACE) to finance the acquisition and construction or installation of energy efficiency and conservation improvements on properties located throughout the State of Minnesota through the use of special assessments. The City entered into a joint powers agreement with the St. Paul Port Authority on 11/19/2013 to administer the PACE program for Eden Prairie. The agreement has been updated to reflect that various funding sources for the program have been added. The updated agreement also adds detail on the documentation the St. Paul will provide to the City. Background The PACE program was created in 2008 to address barriers of retrofitting buildings to be more energy efficient. The program allows property owners to borrow money from newly established municipal financing districts to finance energy retrofits (efficiency and renewable energy measures) and repay the loan through an annual special tax on their property bill. 31 states and the District of Columbia have adopted legislation that enables local governments to offer PACE benefits to building owners. The 2010 Minnesota legislation specific to PACE allows local governments to offer PACE programs and to designate another authority as the implementing entity. Attachments Resolution Joint Powers Agreement with St. Paul Port Authority CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- A RESOLUTION APPROVING THE AMENDED AND RESTATED JOINT POWERS AGREEMENT BY AND BETWEEN THE CITY OF EDEN PRAIRIE AND THE PORT AUTHORITY OF THE CITY OF SAINT PAUL RELATING TO THE MN PACE PROGRAM AND DESIGNATING THE PORT AUTHORITY AS THE IMPLEMENTING ENTITY TO ADMINISTER THE PROGRAM ON BEHALF OF THE CITY WHEREAS, Minnesota Statutes, Sections 216C.435 and 216C.436 (the "Act") authorize the City to provide for the financing of the acquisition and construction or installation of energy efficiency and conservation improvements (the "Improvements") on qualifying real property located within the boundaries of the City through the use of Minnesota Statutes, Chapter 429 special assessments; and WHEREAS, the Act authorizes the City to designate an authority other than the City to implement the program under the Act on behalf of the City; and WHEREAS, the Port Authority of the City of Saint Paul ("Port Authority") has created a program under the Act known as the Property Assessed Clean Energy Program ("MN PACE") for purposes of implementing and administering the activities described in the Act, and the Port Authority is willing to implement and administer that program on behalf of the City; and WHEREAS, the City and the Port Authority desire to enter into a written Joint Powers Agreement pursuant to Minnesota Statutes section 471.59, subd. 1, whereby the City will designate the Port Authority as the implementing entity to implement and administer the MN PACE program on behalf of the City to finance the Improvements. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that execution of the Amended and Restated Joint Powers Agreement by and between the City and the Port Authority is hereby approved and that the Port Authority is hereby designated as the implementing entity to implement and administer the MN PACE program on behalf of the City. ADOPTED by the City Council of the City of Eden Prairie this 17TH day of November, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ... .. .--.. Port Authority of the City of Saint Paul Property Assessed Clean Energy Program (PACE OF AMENDED AND RESTATED JOINT POWERS AGREEMENT Saint Paul Port Authority 850 Lawson Commons 380 St. Peter Street Saint Paul, MN 55102 (651) 224-5686 (651) 223-5198 (fax) www.sppa.com AMENDED AND RESTATED JOINT POWERS AGREEMENT This Agreement, made and entered into as of the day of , 2015, by and between the Port Authority of the City of Saint Paul (the"Port Authority"), a body corporate and politic, and the City of Eden Prairie, Minnesota, a municipal corporation (the "City"), provides as follows: WHEREAS, since lending institutions as well as the Port Authority itself have been added along with revenue bonds as a funding source for the Property Assessed Clean Energy Program ("PACE OF MN") program, the Port Authority and the City have decided to enter into an Amended and Restated Joint Powers Agreement that more accurately describes this addition to the Program to replace the Joint Powers Agreement, dated November 19, 2013, entered into between the Port Authority and the City; and WHEREAS, the Port Authority has been engaged in governmental programs for providing financing in the City of Saint Paul and in other areas of the State of Minnesota (the "State") by making loans evidenced by various financing leases and loan agreements, and in the process of operating these programs the Port Authority has developed a high degree of financial expertise and strength; and WHEREAS, Minnesota Statutes, Sections 216C.435 and 216C.436 and Chapter 429 and 471.59 (collectively the "Act") authorize the City to provide for the financing of the acquisition and construction or installation of energy efficiency and conservation improvements (the "Cost Effective Energy Improvements" as defined in the Act or "Improvements") on Qualifying Real Properties" as defined in the Act (the "Properties" or "Property") located within the boundaries of the City through the use of special assessments; and WHEREAS, the Act authorizes the City to designate.a local government unit other than the City to implement the program under the Act on behalf of the City; and WHEREAS,the City has one or more projects within the boundaries of the City that have Improvements in need of financing, and has adopted its Resolution No. 2013-100 (a copy of which is attached hereto as Exhibit A) to designate the Port Authority to implement and administer a program on behalf of the City to finance such Improvements; and WHEREAS, the Port Authority has created a program under the Act known as the Property Assessed Clean Energy Program ("PACE OF MN") for purposes of implementing and administering the activities described in the Act, and the Port Authority is willing to implement and administer that program on behalf of the City as requested herein; and WHEREAS, the City has expressed a desire to make energy improvement financing programs of the kind managed by the Port Authority available for improvements of eligible properties within its boundaries, including but not limited to the Energy Savings Partnership, Trillion BTU (within the portion of the City served by Xcel Energy) and PACE OF MN, and a joint powers agreement is required between the City and the Port Authority for PACE OF MN; and WHEREAS, the Improvements will serve citizens of the City of Saint Paul and the City of Eden Prairie, as well as Ramsey and Hennepin Counties and the State of Minnesota. NOW THEREFORE, in consideration of the mutual covenants herein made, the parties to this Agreement hereby agree as follows: 1. The Port Authority will exercise the powers of the Act on behalf of the City by utilizing to provide financing for Improvements located within the boundaries of the City. Except as otherwise provided in this Joint Powers Agreement, the Port Authority shall be solely responsible for the implementation and administration of PACE OF MN and the financing of the Improvements. 2. In connection with its implementation and administration of PACE OF MN, and its fmancing of the Improvements located within the boundaries of the City, it is anticipated that the Port Authority will enter into various agreements with persons wishing to obtain financing for Improvements located within the boundaries of the City as well as with sources of financing for such Improvements (collectively the "Program Documents"). 3. The Port Authority may and is peiniitted to charge fees for its implementation and administration of PACE OF MN, which fee will be described in, and payable under, the Program Documents. 4. The Port Authority will have the sole duty and responsibility to comply with or enforce covenants and agreements contained in the Program Documents. This power specifically includes the responsibility for monitoring and enforcing compliance with the provisions of the Program Documents. 5. Either the Port Authority or a lending institution (the "Lender") will use its own financial resources to finance the Improvements (the "Loan"), or a taxable special assessment revenue bond(s) (the `Bond(s)") issued by the Port Authority in favor of the Lender will be used to finance the improvements. Regardless of the financing mechanism, the Lender will advance funds under the Program Documents to be paid from levied special assessments. 6. The Loan(s) or Bond(s) must be a special/limited obligation of the Port Authority, payable solely from special assessments levied by the City as provided herein. The Loan(s) or Bond(s) and interest thereon must neither constitute nor give rise to a general indebtedness or pecuniary liability, or a general or moral obligation, or a pledge or loan of credit of the Port Authority, the City, the City of Saint Paul or the State of Minnesota, within the meaning of any constitutional or statutory provision. To that end, the Port Authority hereby agrees to indemnify and hold harmless the City from and against any claims or losses arising out of the failure of the Port Authority to provide for the payment of principal of, and the interest or any premium on the Loan(s) or Bond(s), from special assessment payments actually paid to the Port Authority by the 3 Joint Powers Agreement City. This indemnity must not, however, be construed to relate to any claims or losses which might arise by virtue of the exercise, by the City, of its governmental powers in connection with the Project, or by virtue of the failure of the City to levy and collect special assessments with respect to the Improvements or promptly remit such special assessment payments to the Port Authority as provided in the Program Documents. 7. As and for its contribution to the financing of the Improvements, and as provided in the Act, the City must impose and collect special assessments necessary to pay debt service on that portion of the Loan(s) or Bond(s) attributable to the Improvements located within the boundaries of the City. Evidence that the City has imposed such special assessments is a precondition to the Port Authority's obligation to provide financing to any Improvements located within the boundaries of the City in accordance with the following process: A. The Port shall provide to City an application from an Applicant under the Program which includes the following documentation: 1) A copy of the Application containing the legal name of the Applicant, its legal status, its legal address, a description of the Project, the cost of the Improvements, the total amount to be assessed against the Property and the address, legal description and tax identification code for the Property upon which the Improvements are to be constructed or installed. 2) A statement from the Port that the proposed Project as described in the Application qualifies under the requirements of the Act and the Port Authority. 3) A fully-executed copy of the Applicant's Petition and Assessment Agreement suitable for evidencing, and recording if necessary, Applicant's agreement to be assessed for the amount of the Improvements. B. Upon receipt of the documentation described in Subparagraph A above, City agrees that it will levy an assessment against the Property for the amount to be assessed as set forth in Section 7.A. above. C. Evidence that the City has imposed such special assessments is a precondition to the Port Authority's obligation to provide financing to any Improvements located within the boundaries of the City. D. In the event that, after the City levies an assessment against the Property for the costs of the Improvements and related costs as provided for in Subparagraph B above, the Port does not fund the cost of the Improvements as contemplated by this Agreement, the Port shall promptly notify City that it has not and will not fund the costs of the Improvements under the Program and City shall thereafter inform the County Auditor to remove the subject assessment from the Property. 8. Once the City has imposed special assessments to finance Improvements located within the boundaries of the City, the City transfer all collections of the assessments received by it upon receipt to the Port Authority for application to the payment of the applicable Loan(s) or Bond(s). The City will take all actions permitted by law for the recovery of the assessments, 0 4 Joint Powers Agreement including without limitation, reinstating the outstanding balance of assessments when the land returns to private ownership, in accordance with Minn. Stat. Section 429.071, Subd. 4. The City has no obligation to make any payment on the applicable Loan(s) or Bond(s) other than by the imposition and collection of special assessments pursuant to the Act. The City acknowledges that the Lender is a third-party beneficiary of the City's covenants herein with respect to the imposition and transfer of special assessments described herein. 9. Unless otherwise provided by concurrent action of the Port Authority and the City, this Agreement will terminate upon a 30-day's advanced written teiniination notice to the other Joint Powers Agreement partner or upon the retirement or defeasance of all Loan(s) or Bond(s), whichever is later; and notwithstanding any other provisions, this Agreement may not be terminated in advance of such retirement or defeasance. 10. This Agreement may be amended by the Port Authority and the City, at any time, by an instrument executed by both of them. The Port Authority or the City may not amend this Agreement, however, if the effect of the amendment would impair the rights of the holder of the Loan(s) or Bond(s), unless the holder has consented to the amendment. 11. This Agreement may be executed in any number of counterparts, each of which when taken together will constitute a single agreement. [Remainder of page intentionally left blank] 5 Joint Powers Agreement IN WITNESS WHEREOF, the Port Authority and the City have caused this Agreement to be executed on their behalf, by their duly authorized officers, as of the day and year first above written. PORT AUTHORITY OF THE CITY OF SAINT PAUL By: Its: President By: Its: Chief Financial Officer CITY OF EDEN PRAIRIE, MINNESOTA By: Its: By: Its: CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.M. Paul Sticha, Administration Food Vending Contractor in The Department, Facilities Division Garden Room Restaurant Requested Action Move to: Award the contract for Garden Room food vending services in to Taher Business Dining effective January 1, 2016. Background Bridgewood Catering has submitted notice that their last day of service in the Garden Room will be December 18, 2015. Staff recommends separating the two services and using two different vendors for catering and the cafeteria. Staff participated in an"interview"process with several vendors and performed reference checks. Staff recommends using Taher Business Dining for the food vending services in the Garden Room. Taher will provide and maintain display coolers, microwaves, coffee brewers, display racks, a"self-check-out" computer scanning system and surveillance cameras in the Garden Room serving area. Taher will provide packaged breakfast and lunch meals, sandwiches, salads, snacks and beverages. Attachment Contract CAFETERIA SERVICE AGREEMENT THIS AGREEMENT is made as of this 17th day of November, 2015, by and between Taher, Inc., a Minnesota corporation ("Contractor"), and City of Eden Prairie, a Minnesota municipal corporation ("City"). RECITALS: A. City is the owner of a building known as the City Center ("Building") and land located at 8080 Mitchell Road, Eden Prairie, Minnesota. The Building contains a cafeteria identified on Exhibit 1 attached hereto, consisting of kitchen area, food service area, garden conference room, garden room, patio, storage area, office area, entry area, hallways and restrooms (collectively the "Garden Room"). B. The City owns all of the furniture, fixtures, equipment, cookware and tableware in the Garden Room ("City food service equipment"), except for the furniture and equipment of the Catering Provider as identified in Section 4 below. Contractor is permitted to bring personal furniture, equipment and/or cookware into the Garden Room, but must provide the City with a list of personal items owned by the Contractor. Any furniture, equipment and/or cookware provided by the Contractor shall remain the sole property of the Contractor C. City desires to engage Contractor to operate the Garden Room in order to provide cafeteria services including but not limited to breakfast and lunch on weekdays ("Cafeteria Services"). D. Contractor desires to operate the Garden Room in order to provide the Cafeteria Services. WITNESSETH: In consideration of the mutual promises of each to the other, City hereby authorizes Contractor, and Contractor hereby agrees to provide Cafeteria Services in the Garden Room upon the following terms and conditions: 1. Effective Date and Term of Agreement. This Agreement shall become effective as of January 1, 2016 ("Effective Date"), and shall continue through December 31, 2016, except that this Agreement may be terminated as provided herein. The Agreement then automatically renews for continuous one year terms, with no action from either party required. 2. Services to be Provided by and Obligations of Contractor Contractor shall provide the following services and perform, and conform to, the following obligations: a. Operate the Garden Room to provide Cafeteria Services in the form of a "Micro 1 of 11 Market" as set forth in Exhibit 2 from 7:00 a.m. through 4:00 p.m. on weekdays excluding holidays. b. Provide, install, operate and maintain security cameras to monitor the Garden Room. Contractor shall retain video from the cameras as it deems necessary. Contractor shall provide video to the City upon written request from the City. All video retained by the City and/or Contractor shall be subject to the Minnesota Data Practices Act as set forth in Section 13 below. City shall not be responsible for any loss or theft at the Micro Market. c. Operate, keep and maintain the Garden Room, together with all equipment, furniture and fixtures therein in a first class, clean and sanitary manner, and in compliance with all Federal, State and City laws, rules and regulations relating to sanitation, health, preparation and serving of food and food products, and its employees including, but not limited to, the Occupational Safety and Health Act of 1970, as amended, wages, hours of employment and withholding of taxes. d. Intentionally Omitted. e. Abide by all rules and regulations fixed and set by City relating to the receipt and delivery of goods, supplies and catered foods and beverages and the use of the Garden Room, the Building and surrounding land on which the Building is situated. f. At its sole cost and expense obtain all government licenses and permits required for the operations and services set forth herein. g. Repair or replace in a condition comparable to that existing as of the Effective Date of this Agreement, the Garden Room and the City food service equipment in the event of damage or destruction thereof caused by the willful act or negligence of Contractor, its employees, agents, customers or invitees within a reasonable time after such damage or destruction and in any case not more than 30 days after such occurrence. h. Refrain from leaving garbage or other material on the loading docks and in the compacting system and arrange for proper grease disposal. i. Obtain and pay for all food, beverages, candies, and consumable supplies and material of every kind and employ all labor and management personnel necessary for the Cafeteria Services. j. Obtain and pay for all operating supplies and linens, laundry and uniforms, and miscellaneous costs required in the Cafeteria Services. k. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. I. Care, coordination and communication by Contractor is imperative so that guests 2 of 11 and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. m. Contractor's personnel must be neat appearing and wear a uniform and badge that clearly identifies them as a service contractor and abide by the City's no smoking policies. n. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the City, to present a first class operation. o. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards or other situation that result in rekeying a space or other cost to the City will be billed back to the Contractor. Upon termination of this Agreement, Contractor shall return all keys and access cards to the City. p. Contractor shall create and pay for a marketing program and shall maintain a website and appropriate social media presence for the Cafeteria Services. City shall have sole discretion to determine what is appropriate use and content. Upon termination of this Agreement Contractor shall turn over all website and social media data and access information to the City. 3. City's Obligations. City will do or provide to Contractor the following: a. Provide the City food service equipment existing in the Garden Room as of the Effective Date. Except as to damage or destruction caused by the willful act or negligence of Contractor, its employees, agents, customers or invitees, repair or replace the City food service equipment, in a condition comparable to that existing on the Effective Date of this Agreement, but only if Contractor shall have first given notice to City of the need to repair or replace. In no event is Contractor authorized to make or cause any repair or replacement without the written consent of City. If Contractor does so without such written consent, City shall not be obligated to reimburse Contractor for the cost thereof. Contractor has inspected the Garden Room and is familiar with the condition of the City food service equipment. b. Provide utilities including heating, cooling, lighting, electricity, and gas energy, hot and cold water and pest extermination reasonably necessary for Cafeteria Services. The obligation to provide heating and cooling shall be limited to that necessary to support normal daily operations. Additional heating, cooling, lighting, etc. for events may be charged back to the Contractor. c. Provide general cleaning services in the Garden Room and adjacent common areas, Monday through Friday. Maintain and clean walls, ceilings, windows, lights, exhaust fans and floors, except maintaining and cleaning to be performed by Contractor pursuant to Section 2 above. d. Providing parking for Contractor's staff vehicles in the "City Employee Parking 3 of 11 Lot". 4. Exclusive Rights for Cafeteria Services. a. Contractor shall, during the term of this Agreement, have the exclusive right to provide Cafeteria Services within the Garden Room; provided however, the City reserves the right to locate and operate vending machines within the Garden Room and throughout the Building. Access to loading dock will be provided as needed. Notwithstanding any other provision of this Agreement, City reserves the right to use and permit persons and groups of persons to use the Garden Room, provided the space is not already reserved, and reserves the right to use any caterer of its choosing for such use. Any rental fees charged for such use shall be retained by City. b. City contracts with another entity to provide catering services for events in the Garden Room ("Catering Provider"). Contractor shall not provide any catering services for events in the Garden Room. Contractor shall coordinate all use of the Garden Room and City food service equipment with the Catering Provider. The Contractor shall have priority to use the Garden Room and City food service equipment weekdays from 7:00 a.m. to 4:00 p.m. The Catering Provider shall have priority to use the Garden Room and City food service equipment at all other times. c. Contractor shall not use, operate, relocate or otherwise interfere with equipment of the Catering Provider without permission from the Catering Provider. 5. Monthly Accounting and Payment. a. No commission or fee will be paid by Contractor to the City for the use of the Garden Room. In consideration for allowing Contractor to utilize the Garden Room Contractor shall operate the Cafeteria Services pursuant to the terms of this Agreement. b. Contractor shall not receive any subsidy or payment from the City for provision of the Cafeteria Services. 6. Liquor Contractor shall not be permitted to provide or serve alcoholic beverages. 7. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. 4 of 11 b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. 5 of 11 j. Contractor 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. k. It shall be Contractor's responsibility to pay any retention or deductible for the coveraeges required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of 6 of 11 limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 8. Indemnification. Contractor will indemnify City and hold it harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its agents or employees. 9. Termination. a. Either party may terminate this Agreement without cause at any time by giving notice of its intention to do so, to the other, as provided herein, at least sixty (60) days prior to the intended date of termination. b. Alternatively, this Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. Immediately prior to termination of this Agreement, Contractor shall have restored, cleaned and maintained the Garden Room and the City food service equipment in a manner and condition in which it existed on the date hereof, reasonable wear and tear excepted. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, including, but not limited to, those described in Section 7 of this Agreement (prior liability), the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party 7 of 11 shall survive termination of this Agreement. 10.Notice Required notices to the Contractor shall be in writing, and shall be either hand-delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Curt Giles Taher, Inc. 5570 Smetana Drive Minnetonka, MN 55343 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Paul Sticha City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 11.Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 12.Assignment Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 13.Audit Disclosure and Data Practices Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data 8 of 11 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. 14.Non-Discrimination During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 15.Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 16.Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 17.Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 18.Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 9 of 11 19.Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 20.Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 21.Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 22.Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 23.Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 24.Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 10 of!! 25.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. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager TAHER, INC. By: Its: By: Its: 11of11 EXHIBIT 1 CITY CENTER CAFETERIA PATIO PATIO \\ \\ 1558 Sq. Ft. \. / \ \ \7/ \ n n \ STORAGE \__, / \ / \ \i 352 Sq. Ft. GARDEN ROOM \L---u. 5926 Sq. Ft. ._/ ,❑ j_ P GARDEN <Ci CONFERENCE � \ ROOM — FOOD SERVICE AREA — 4�<< . 1143 Sq. Ft. 3415 Sq. Ft. — _ Z. \ ll J [ ` '` \Q / ,N y . Q.,- /_\ .W ELECTRICAL III \IIII III III Curt Giles, Sales at (612) 930-8808 c.giles a@7taher.com Taper, Inc. is a Professional Food Service Management company with over three decades of industry experience. We are Minnesota-based with a growing national presence providing a complete portfolio of offerings to include employee dining/cafeteria, catering, vending, c-store, and office coffee/refreshment solutions. Founded in 1981, Taher, Inc. remains passionate to its core mission as a chef-driven organization with a commitment to wholesome, from-scratch meals, made with fresh ingredients, and when possible, locally-sourced. Taher's @ Hand Micro Market This letter is a proposal for the placement of a micro market. Included in the micro market Taher will supply and maintain the following pieces of equipment: • Coolers • Micro wave ovens • Coffee makers and supplies • Racking for Dry goods • Self-Checkout Kiosk for easy payment • Vending machines Fresh food will be delivered daily and items included in our fresh food category are: • Soups • Fresh Garden Salads • Chicken Wings • Fresh Sandwiches • Chicken Salad • Lasagna • Spaghetti • Turkey Bacon Avocado Wrap • Plus many more fresh options ❑rink options • Pepsi, Coke and American Bottling options • Smart Water • Vitamin Water • Bottled Water • Red Bull • Ice Teas • Starbuck Frappuccino • Hot coffee, Hot teas Customer Provides • Sufficient space for market • Necessary electrical supply for coolers, kiosk and vending machines • Internet line for kiosk Kiosk The kiosk is the computer run self-checkout format. Employees may pay by credit card, cash or fund an account maintained in the kiosk. Taher also has an app for all smart phones to use as payment as well. Security Taher will install security cameras and maintain video storage for all machines in the micro market. item Price Can Pop $1.00 20 Oz Bottle $1.50 Bottle Juice $1.50 Bottled Sport Drink $1.75 Bottled Water $1.25 Non Carb Beverage $1.75 Bottled Milk $1.50 Candy Variety $.75 - 1.50 Chips and Snacks Large $1.00 - 1.50 Pastries, Muffins and Rolls $1.25 - 1.50 Fresh Food $1.50 - 5.00 The Smart Solution At lild Convenience Shopping micro ar t" ` Alrite_ � J. , s'',own 1 i i . + r + .. , ites „Tstrmi ' lti,, Y - 1 _ . - ----- i . _--.-- r - 'S - �, At Hand Convenience Shopping has fundamentally transformed the way r :,. i } employees now view the breakroom. At Hand Convenience Shopping is a 24/7 r 3 CI 0 unmanned self checkout IMllicroMarket that can offer fresh food and beverage ii,.min,, alternatives to vending in your workplace! I , 1 � 9 • , . - smy -__ r1 ENIERCIZIE YOUR WOR( : air' ' C MN I it i.._ , + fi:: lia , rik „ it / i i i SHOP t 7 HAPPY, HEALTHY, FAST,QUICK, EASY CONVENIENT, FLEXIBLE, ENERGIZED Employees! CHECKOUT! READY 24/7! • Simple Grab & Go style • Familiar and easy to use • Intuitive self-checkout 24/7 snack shop self-checkout interface technology • Fresh, healthy sandwiches • Easy to follow instructions • Accepts all methods of and salads that you can and voice commands payments, including payroll touch & feel before you buy deduct • Hundreds of snacks and // I, 1 ' ' �- beverage choices to keep4. . A�H cReurr your employees happy andli[' Acccu'�! efficient in the workplace ,,, , PkY WE ID! • Small footprint store layout <- = 7 i.hj,i At Hand Convenience Shopping 1952.945.0505 I sales@taher.com 5570 Smetana Drive I Minnetonka, MN 155434-9022 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. Paul Sticha, Administration Catering Contractor in The Garden Department, Facilities Division Room Restaurant Requested Action Move to: Award the contract for Garden Room Catering and Event Services to Mintahoe Catering and Events effective January 1, 2016. Background Information Bridgewood Catering has submitted notice that their last day of service in the Garden Room is December 18, 2015. Staff recommends separating the two services and using two different vendors for catering and the cafeteria. Staff participated in an"interview"process with several vendors and performed reference checks. Staff recommends using Mintahoe Catering and Events for the catering services in the Garden Room. Mintahoe will collect room rental and security fees from event clients and reimburse the City. In addition, Mintahoe will pay the City an 8% commission on gross sales for these events. Mintahoe estimates $16,000 in commissions in 2016. After building the event business for several years, they estimate $40,000 in commissions in 2017 and beyond. Attachment Contract CATERING AND LIQUOR SERVICES AGREEMENT THIS AGREEMENT is made as of this 17th day of November, 2015, by and between Mintahoe, Inc., a Minnesota corporation, d/b/a Mintahoe Catering & Events ("Contractor"), and City of Eden Prairie, a Minnesota municipal corporation ("City"). RECITALS: A. City is the owner of a building known as the City Center ("Building") and land located at 8080 Mitchell Road, Eden Prairie, Minnesota. The Building contains a cafeteria identified on Exhibit 1 attached hereto, consisting of kitchen area, food service area, garden conference room, garden room, patio, storage area, office area, entry area, hallways and restrooms (collectively the "Garden Room"). B. The City owns all of the furniture, fixtures, equipment, cookware and tableware in the Garden Room ("City food service equipment"), except for the furniture and equipment of the Cafeteria Provider as identified in Section 4 below. Contractor is permitted to bring personal furniture, equipment and/or cookware into the Garden Room, but must provide the City with a list of personal items owned by the Contractor. Any furniture, equipment and/or cookware provided by the Contractor shall remain the sole property of the Contractor C. City desires to engage Contractor to operate the Garden Room in order to provide catering services, including but not limited to reservations, scheduling, set up, provision of food and beverages, tear down and clean up, for City functions and activities, tenant functions and activities and rentals ("Catering Services"). D. Contractor desires to operate the Garden Room in order to provide the Catering Services. WITNESSETH: In consideration of the mutual promises of each to the other, City hereby authorizes Contractor, and Contractor hereby agrees to provide Catering Services in the Garden Room upon the following terms and conditions: 1. Effective Date and Term of Agreement. This Agreement shall become effective as of January 1, 2016 ("Effective Date"), and shall continue through December 31, 2020, except that this Agreement may be terminated as provided herein. The Agreement then automatically renews for continuous one year terms, with no action from either party required. 2. Services to be Provided by and Obligations of Contractor 1 of 12 Contractor shall provide the following services and perform, and conform to, the following obligations: a. Provide Catering Services in the Garden Room. Prices for Catering Services shall be competitive with prices offered by other area restaurants and caterers providing similar food and facilities. b. Abide by the City's Rental Fee Schedule for the permitted use of the Garden Room by tenants, individuals and groups. Contractor will have the opportunity annually to review and submit recommendations for rental rates for City consideration. The City may use the Garden Room without the payment of any rental fee to Contractor. c. Operate, keep and maintain the Garden Room, together with all equipment, furniture and fixtures therein in a first class, clean and sanitary manner, and in compliance with all Federal, State and City laws, rules and regulations relating to sanitation, health, preparation and serving of food and food products, and its employees including, but not limited to, the Occupational Safety and Health Act of 1970, as amended, wages, hours of employment and withholding of taxes. d. Clean and maintain after each use the Garden Room. See Exhibit 2 for a summary of cleaning responsibilities after events. The Contractor may hire the Building Janitorial Service for these responsibilities. e. Abide by all rules and regulations fixed and set by City relating to the receipt and delivery of goods, supplies and catered foods and beverages and the use of the Garden Room, the Building and surrounding land on which the Building is situated. f. At its sole cost and expense obtain all government licenses and permits required for the operations and services set forth herein. g. Repair or replace in a condition comparable to that existing as of the Effective Date of this Agreement, the Garden Room and the City food service equipment in the event of damage or destruction thereof caused by the willful act or negligence of Contractor, its employees, agents, customers or invitees within a reasonable time after such damage or destruction and in any case not more than 30 days after such occurrence. h. Refrain from leaving garbage or other material on the loading docks and in the compacting system and arrange for proper grease disposal. i. Obtain and pay for all food, beverages, candies, and consumable supplies and material of every kind and employ all labor and management personnel necessary for the Catering Services. j. Obtain and pay for all operating supplies and linens, laundry and uniforms, and miscellaneous costs required in the Catering Services. 2of12 k. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. I. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. m. Contractor's personnel must be neat appearing and wear a uniform and badge that clearly identifies them as a service contractor and abide by the City's no smoking policies. n. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the City, to present a first class operation. o. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards or other situation that result in rekeying a space or other cost to the City will be billed back to the Contractor. Upon termination of this Agreement, Contractor shall return all keys and access cards to the City. p. Contractor shall create and pay for a marketing program and shall maintain a website and appropriate social media presence for the Catering Services. City shall have sole discretion to determine what is appropriate use and content. Upon termination of this Agreement Contractor shall turn over all website and social media data and access information to the City. 3. City's Obligations. City will do or provide to Contractor the following: a. Provide the City food service equipment existing in the Garden Room as of the Effective Date. Except as to damage or destruction caused by the willful act or negligence of Contractor, its employees, agents, customers or invitees, repair or replace the City food service equipment, in a condition comparable to that existing on the Effective Date of this Agreement, but only if Contractor shall have first given notice to City of the need to repair or replace. In no event is Contractor authorized to make or cause any repair or replacement without the written consent of City. If Contractor does so without such written consent, City shall not be obligated to reimburse Contractor for the cost thereof. Contractor has inspected the Garden Room and is familiar with the condition of the City food service equipment. b. Provide utilities including heating, cooling, lighting, electricity, and gas energy, hot and cold water and pest extermination reasonably necessary for Catering 3of12 Services. The obligation to provide heating and cooling shall be limited to that necessary to support normal daily operations. Additional heating, cooling, lighting, etc. for events may be charged back to the Contractor. c. Provide general cleaning services in the Garden Room and adjacent common areas, Monday through Friday. Maintain and clean walls, ceilings, windows, lights, exhaust fans and floors, except maintaining and cleaning to be performed by Contractor pursuant to Section 2 above. d. Providing parking for Contractor's staff vehicles in the "City Employee Parking Lot". 4. Exclusive Rights for Catering Services. a. Contractor shall, during the term of this Agreement, have the exclusive right to provide Catering Services within the Garden Room. Access to loading dock will be provided as needed. Notwithstanding any other provision of this Agreement, City reserves the right to use and permit persons and groups of persons to use the Garden Room, provided the space is not already reserved, and reserves the right to use any caterer of its choosing for such use. Any rental fees charged for such use shall be retained by City. b. City contracts with another entity to provide cafeteria type services, including weekday provision of breakfast and lunch in the Garden Room ("Cafeteria Provider"). Contractor shall not provide any cafeteria type services in the Garden Room. Contractor shall coordinate all use of the Garden Room and City food service equipment with the Cafeteria Provider. The Cafeteria Provider shall have priority to use the Garden Room and City food service equipment weekdays from 7:00 a.m. to 4:00 p.m. Contractor shall have priority to use the Garden Room and City food service equipment at all other times. c. Contractor shall not use, operate, relocate or otherwise interfere with equipment of the Cafeteria Provider without permission from the Cafeteria Provider. Contractor shall shield access to the Cafeteria Provider's equipment during Contractor's use of the Garden Room. d. Contractor may enter into individual catering agreements with tenants of the Building, so long as they do not exceed the expiration date of this Agreement. 5. Monthly Accounting and Payment. a. Contractor shall prepare and submit to City a monthly event statement, in a format negotiated between Contractor and the City Finance Department. b. Contractor shall make the following payments to the City on a monthly basis consistent with the monthly event statements: i. Contractor shall pay a commission of 8% of Contractor's gross revenue 4 of 12 from the Catering Services to the City for the use of the Garden Room. For purposes of this Agreement gross revenue is the total dollar amount received by Contractor for the Catering Services prior to any deductions or allowances. ii. Additionally, the City will require a facility rental fee to be paid by all users of the Garden Room, in order to recover the cost of utilities, maintenance and capital investment in the Garden Room. This facility fee will be required as a deposit to reserve the Garden Room through the Contractor. The facility rental fee is approved each year by the Eden Prairie City Council and set forth in the City Fee Schedule. iii. Additionally, if liquor is served, Contractor shall pay to the City the cost of an off duty Eden Prairie Police Officer as set forth in Section 6 below c. Contractor shall not receive any subsidy or payment from the City for provision of the Catering Services. 6. Liquor Contractor represents that it holds a caterer's permit issued by the Commissioner of Public Safety pursuant to Minn. Stat. § 340A.404, Subd. 12. Contractor shall be entitled to sell on-sale intoxicating liquor at catered events as permitted by and subject to the conditions of Subd. 12. Otherwise, contractor will purchase and pay for a liquor license from the City. Any time liquor is served at an event Contractor will hire and pay for an off-duty Eden Prairie Police Officer to be on site for the entire event. 7. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate 5of12 $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor 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. k. It shall be Contractor's responsibility to pay any retention or deductible for the coveraeges required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications 6 of 12 added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. 7of12 Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 8. Indemnification. Contractor will indemnify City and hold it harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its agents or employees. 9. Termination. a. Either party may terminate this Agreement without cause at any time by giving notice of its intention to do so, to the other, as provided herein, at least sixty (60) days prior to the intended date of termination. b. Alternatively, this Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. Immediately prior to termination of this Agreement, Contractor shall have restored, cleaned and maintained the Garden Room and the City food service equipment in a manner and condition in which it existed on the date hereof, reasonable wear and tear excepted. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, including, but not limited to, those described in Section 7 of this Agreement (prior liability), the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. Upon termination of this Agreement, any catering events booked and any related obligations thereof that require specific use of the Garden Room will be transferred to the City. Contractor will be responsible to help transition those events to the City and submit to the City all deposits, fees or monies collected 8of12 for those events. Contractor will also transfer administration rights for all websites and social media sites relating to the Garden Room, and will transfer any liquor licenses for the Garden Room to the City or the City's designee. 10.Notice Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Jim McMerty Mintahoe Catering & Events 2850 Anthony Lane South Minneapolis, MN 55418 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Paul Sticha City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 11.Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 12.Assignment Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 13.Audit Disclosure and Data Practices Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall 9 of 12 not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. 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. 14.Non-Discrimination During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 15.Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 16.Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 17.Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 10 of 12 18.Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19.Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 20.Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 21.Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 22.Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 23.Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 24.Waiver. 11 of 12 No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 25.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. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager MINTAHOE CATERING & EVENTS By: Its: By: Its: 12 of 12 EXHIBIT 1 CITY CENTER CAFETERIA PATIO PATIO \\ \\ 1558 Sq. Ft. \. / \ \ \7/ \ n n \ STORAGE \__, / \ / \ \i 352 Sq. Ft. GARDEN ROOM \L---u. 5926 Sq. Ft. ._/ ,❑ j_ P GARDEN <Ci CONFERENCE � \ ROOM — FOOD SERVICE AREA — 4�<< . 1143 Sq. Ft. 3415 Sq. Ft. — _ Z. \ ll J [ ` '` \Q / ,N y . Q.,- /_\ .W ELECTRICAL III \IIII III III Exhibit 2, Cleaning After Events The City requires the following areas to be cleaned by contractor after all events: • Main (upper level) Garden Room entrance, restrooms, hallways and stairs • Common Atrium leading to the Garden Room, Common Area Atrium elevator • Garden Room main eating area, Garden Conference Room • Common Area restrooms between Garden Room and Police • Hallway carpet between Garden Room and Police • Patio and Grounds, remove all balloons, streamers and signs outside The areas listed above are to be cleaned in the following manner after all events: All carpeted areas: • Remove stains after every event and vacuum completely • Carpet cleaned and extracted in Garden Conference Room 2 times yearly • Clean any major spills immediately and then report them to Facilities All tile and ceramic floors: • Clean up all spills as needed and sweep completely • Completely wet mop with floor degreaser and disinfectant, or use power scrubber, rinse with clean water Restrooms: • Clean mirrors with window cleaner, refill paper products • Empty sanitary napkin waste receptacles and trash receptacles • Disinfect and wipe clean all sinks, toilets, urinals, handicap grab bars, partition walls in all stalls • Sweep floors and wet mop with disinfectant, rinse with clean water Waste receptacles in Common Areas: • Empty after all events and remove all trash and recyclables to dock area and dispose of properly Windows: • Clean lower glass and door glass in Garden Room, Atrium and Entrance Specials: • Clean all debris out of planters throughout Common Areas • Clean Atrium Elevator CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar Nov. 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.O. Joyce Lorenz, Accept the quote of AVI Systems, Inc. for Communications Division Council Chambers audio/visual equipment upgrades. Requested Action Move to: Approve contract AVI Systems, Inc. for Council Chambers audio/visual equipment upgrades in an amount not to exceed$91,484.88. Synopsis This project, which is funded by cable TV franchise revenue, is the next step in a multi- phase/multi-year plan to improve the City's delivery of live meeting broadcasts to cable subscribers, specifically accomplishing the following goals: • Replace public-facing plasma monitors with larger LED screens to improve visibility. • Upgrade speakers and microphones. • Add new speakers and connect broadcast feed into Atrium area to allow for a better audio experience at highly attended meetings. • Replace dais video monitors and reconfigure setup to improve ease of use and aesthetics. • Improve the reliability of the overall system and the customer experience. Background Information In 2014 the City contracted with AVI for the first phase of the Council Chambers upgrade project, which includes ongoing maintenance and support. Phase two includes equipment and programming that must be seamlessly integrated with the equipment and programming that was completed in phase one. The City received two quotes for phase two, with AVI's coming in $5,000 higher. Because a seamless integration is critical to the performance of the system, the need for maintenance and support of the entire system as a whole and AVI's familiarity with the existing system, staff is of the opinion that it is in the best interest of the City to award this project to AVI notwithstanding the higher cost. Attachments Contract AVI Systems, Inc. Proposal Comp View Proposal Standard Agreement for Contract Services This Agreement ("Agreement") is made on the 101' day of November, 2015, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and AVI Systems, Inc, a Minnesota (hereinafter "Contractor") whose business address is 9675 West 761 Street, Suite 200 Eden Prairie, MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for Eden Prairie City Center Council Chambers audio/visual equipment upgrades hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Agreement shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of Nov. 16, 2015 The Work shall be completed by December 31, 2015. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 9. h. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. c. d. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $91,484 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and 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 Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor has designated Harry Lutz to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall Standard Agreement for Contract Services 2014.01 Page 2 of 8 include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. Standard Agreement for Contract Services 2014.01 Page 3 of 8 i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor 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. k. It shall be Contractor's responsibility to pay any retention or deductible for the coveraeges required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. Standard Agreement for Contract Services 2014.01 Page 4 of 8 If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non- performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. Standard Agreement for Contract Services 2014.01 Page 5 of 8 12. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: AVI Systems, Inc Attn: Renea Dalton 9675 W. 76th Street Eden Prairie, MN 55344 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Attn: Joyce Lorenz City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 15. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 16. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, Standard Agreement for Contract Services 2014.01 Page 6 of 8 disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 17. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 18. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 19. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 20. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. Standard Agreement for Contract Services 2014.01 Page 7 of 8 25. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 26. 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. 27. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager AVI SYSTEMS, INC. By: Its: Standard Agreement for Contract Services 2014.01 Page 8 of 8 Exhibit A Retail Sales Agreement A V AVI Systems Inc.,9675 West 76th Street,Suite 200,Eden Prairie,MN,55344 I Phone:(952)949-3700,Fax:(952)949-6000 Proposal Number: 711700 Proposal Date:October 19, 2015 Prepared For: Eden Prairie, City Of Attn:Joyce Lorenz Phase Il Council Chambers Prepared By: Renew Dalton Phone: (952)949-6040 Email:renea.dalton@avisystems.com BILL TO SITE Attn: Joyce Lorenz Attn:Joyce Lorenz Eden Prairie, City Of Eden Prairie, City Of 8080 Mitchell Road 8080 Mitchell Road Eden Prairie, MN, 55344 EDEN PRAIRIE, MN,55344 Phone: (952)949-8375 Phone: (952)949-8554 Email:jlorenz©edenprairie.org Email:jlorenz(Jedenprairie.org Customer Number:14347 COMMENTS Note included in the Integration Fees are the following Adafruit Rugged Metal On/Off Switch wlGreen LED Ring(Pushbutton wILED Feedback) —Quantity 12 Adafruit Rugged Metal On/Off Switch wlWhite LED Ring(Pushbutton wILED Feedback)--Quantity 12 PRODUCTS AND SERVICES SUMMARY Equipment $53,836.67 Integration $30,615.21 PRO Support 1 year $5,877.00 Shipping&Handling $1,156.00 Tax $0.00 Grand Total $91,484.88 Unless otherwise specified. The prices quoted reflect a discount for a cash payment(i.e.,check,wire transfer)made by Customer in full within the time stated for payment on each invoice. Discount only applies to new items Included on the invoice,and only applies if the balance on the invoice is paid in full. All returned equipment is subject to a restocking charge. The prices are valid for 30 days and may be locked in by signing this Retail Sales Agreement. Overdue balances are subject to a finance charge of 1.5a/a per month,or interest at the highest rate permitted by applicable law. In the event AVI must pursue collection of unpaid invoices, Customer agrees to pay all of AVI's costs of collection,including Its attorneys' fees. INVOICING AND PAYMENT TERMS Customer and AVI have agreed on the payment method of CASH. Payment must be remitted by stated method. To the extent Customer seeks to use of any payment methods other than stated,and that payment method results in an increased transaction cost to AVI, the new payment must be approved in writing, and the Customer shall be responsible for paying the increased transaction cost to AVI associated with the change in payment method, Payments shall be made 30 days from invoice date. So long as the invoice has been sent and the Customer's payment is made within the terms work will continue. AVI uses progress billing, and invoices for equipment and services allocated to the contract on a monthly basis. Unless otherwise specified, all items quoted(goods and services)as well as applicable out of pocket expenses(permits, licenses.shipping,etc.)are invoiced in summary(including applicable sales taxes due for each category of invoiced items). Customer is to make payments to the following"Remit to"address: AVI Systems NVU8393 PC Box 1 450 Minneapolis, MN 55485-9393 If Payment Method is ACH Include:Customer must make all payments in the form of bank wire transfers or electronic funds transfers through an automated clearinghouse with electronic remittance detail.in accordance with the payment instructions AVI Systems provides on its invoice to Customer. A monthly summary of detailed equipment received is available upon request. Equipment received may be different than equipment billed based on agreed billing method. TAXES AND DELIVERY Unless stated otherwise in the"Products and Services Summary"above,AV1 will add and include all applicable taxes, permit fees, license fees,and delivery charges to the amount of each invoice. Taxes will be calculated according to the state law(s) in which the product(s)and/or service(s)are provided. Unless Customer provides a valid tax exemption certificate for any tax exemption(s)claimed, AVI shall invoice for and collect all applicable taxes in accordance with state law(s), and Customer will be responsible for seeking a tax credit/refund from the applicable taxing authority. AGREEMENT TO QUOTE AND DOCUMENTS CONSTITUTING YOUR CONTRACT WITH AVI Customer hereby accepts the above quote for goods and/or services from AVI. When duly executed and returned to AVI,AVI's Credit Department will check Customer's credit and approve the terms. After approval by AVI's Credit Department and signature by AVI, this Retail Sales Agreement will,together with the AVI General Terms& onditions(which can be found at www.avisystems,com/AVITermsofSale.pdf)form a binding agreement between Customer and AVI. (This Retail Sales Agreement and the AVI General Terms&Conditions of Sale(the"T&Cs") are referred to collectively as the"Agreement")- if not defined in this Agreement.all capitalized terms shall have the meaning given to them in the T&Cs. Should AVI's Credit Department determine at any point prior to AVI commencing work that Customer's credit is not adequate, or should it otherwise disapprove of the commercial terms, AVI reserves the right to terminate the Agreement without cause and without penalty to AVI. AGREED AND ACCEPTED BY AVI Systems, Inc. Company Company Signature Signature Printed Name Printed Name Date — - Date Printed on October 23,2015 Page 3 of 9 711700 SYSTEM DESCRIPTIONS—This section of the specifications defines the details of the Audio-Visual systems to be furnished and installed at the CITY OF EDEN PRAIRIE COUNCIL CHAMBERS. For additional system information, refer to the Audio-Visual system diagrams and itemized equipment lists. Products meeting the performance standards of the equipment suggested on the itemized equipment will be accepted.The project vendor understands that in the event their substitute product is determined to not meet the standards of the suggested product their bid may be considered incomplete.The project vendor may agree to provide the suggested equipment at the cost of the bid product or the suggested product, whichever is less. A. Crestron Digital Media video routing upgrade 1. Replace the existing Extron 24x24 video router with DM-MD16-16 video switcher to facilitate HD video input and output B. Council Chambers Audio-Visual Specification 1. Council Dais a. Eight (8) new 22" computer monitors for viewing of presentations and production video feed, controlled globally via the touchpanels. Monitors do not need to be controlled, but must enter stand-by mode on loss of signal, and power on when signal is restored. Monitors will be mounted via Vesa tilt mount and pipe. b. One (1) new 22" monitor to be feed by a DM-RMC-Scaler-C, with its source selected at the existing touch panel the Dais Presentation location.There shall be One (1) Crestron ST-PC use to power down the monitor upon system shutdown. Monitor will be mounted via Vesa tilt mount and pipe. c. One (1) HDMI DA 1x16 to distribute video from the DM switcher,via DM-RMC- Scaler-C, to the Dais monitors. There shall be One (1) Crestron ST-PC use to power down the HDMI DA to result in loss of signal, hence letting the monitors go to sleep when the system is shutdown. d. One (1) FT-600 with power module to be located on the Dais Presentation station. e. One (1) DM-TX-201-C to be located at the Dais Presentation station for connection to Host PC f. One (1) DM-TX-201-C to be mounted in the movable podium,to be connected via a patch point located in the floor box below the podium. g. New Wolf Vision Eye14 to replace existing Document Camera located in the drop ceiling above the Dais Presentation station. This Doc-Cam will be connected to the DM Switcher via DM-TX-201-C located near the camera. 2. Audience monitors a. Two (2) DM-RMC-Scaler-C to supply video and control to two (2) new 80" audience monitors that will be controlled via the Crestron system. Contractor to remove existing audience monitors. Page 12 b. Two (2) DM-RMC-Scaler-C to supply video and control to Two (2) new commercial grade monitors in Lobby. c. Contractor to remove existing projector and mount, returning the projector to the owner. 3. Production Cameras a. Re-locate Production camera located in the cabinet behind the dais to outside of the cabinet. Also, relocate existing IR emitters for the hearing assist system. b. Re-wire production cameras, which currently connect directly to the Tri-caster, to connect to the DM switcher, then to the Tri-caster via the SDI Out on the DM- SDI cards on the DM Switcher. 4. Intercom a. Remove existing intercom equipment from dais and control room. 5. Crestron Programming a. Consultant will receive existing Crestron code written during phase 1 of the project. Modify this code to complete needed functionality while maintaining current user experience. b. Re-program touch panel video preview source to be from the streaming output card of the DM rather than composite input. 6. Atrium Speakers a. Install Six (6) -70v ceiling speakers connected to the last amplifier channel. There are available outputs on the Audio DSP. 7. Microphones a. Replace existing dais microphones (20)twenty with Audio Technica ES915C24 microphones to be mounted to the front side of the trough in the dais. b. Existing Request to Speak and Microphone buttons to be replaced including new mounting plate. c. Replace existing ambient microphones (2)two with Audio Technica ES947W. Page 13 Equipment List Equivalent Alternatives accepted with approval of City of Eden Prairie and TouchPoint Logic Brand Model# Description Qty. Crestron DM-MD16X16 16x16 Digital Media Switcher 1 Crestron DMC4K-C HDBaseT Certified 4K DigitalMedia 8G+ 3 Input Card for DM Switchers Crestron DMC-SDI 3G-SDI Input Card for DM Switchers 5 Crestron DMC-4K-HD 4K HDMI Input Card for DM Switchers 3 Crestron DMC-HDO 2-Channel HDMI Output Card for DM 2 Switchers Crestron DMC-4K-CO-HD 2-Channel HDBaseT Certified 4K 3 DigitalMedia 8G+ Output Card for DM Switchers Crestron DMC-STRO Streaming Output Card for DM Switchers 1 Crestron DM-TX-201-C DigitalMedia 8G+ Transmitter 201 3 Crestron DM-RMC-Scaler-C DigitalMedia 8G+ Receiver& Room 6 Controller w/Scaler Crestron TSW-552 5" Touchscreen 1 AJA ROI-HDMI Mini Converter HDMI to SDI 2 Kramer VM-16H 1-to-16 HDMI Distribution Amplifier 1 Sharp 80" HD TV Monitor 2 Chief XTMU Extra Large Tilt Mount Assembly 2 LG 49SE3B-B 49" Edge-Lit LED IPS Digital Signage 2 Display Chief LCM1U Fusion Large Flat Panel Ceiling Mount 2 JBL Control 26CT 6.5" 2-Way Ceiling Speaker with 70/100V 6 Transformer 22" Computer Monitor, with HDMI Input, 9 Vesa Mount Page 14 Chief KPP110B Pivot/Tilt Pole Mount 9 Chief KTA1014 Array 14" Pole 9 Chief KTA1000 Pole-Mount Grommet Accessory 9 Crestron FT-600 FlipTop Basic 1 Crestron FTA-PWR Power Module for FT-600 1 Crestron ST-PC Dual Power Control Module 2 Audio Technica ES915c24 ' Cardioid Condenser Gooseneck 20 Microphone (24" Long) Audio Technica ES947W Cardioid Condenser Boundary 2 Microphone Adafruit Rugged Metal On/Off Switch Pushbutton w/LED Feedback 12 with Green LED Ring Adafruit Rugged Metal On/Off Switch Pushbutton w/LED Feedback 12 with White LED Ring Wolfvision Eye-14 Document Camera 1 Page 15 PRODUCTS AND SERVICES DETAIL PRODUCTS: Model# ,M,1„f Descrption giy Price Extended ALL Engineering&Drawings $2,720.00 Project Management $2,856.72 Programming $4,830.12 On Site Integration $13,829,98 Integration Materials $4,000.00 Testing&Acceptance $953.36 Training $221.66 Travel $995.04 Travel Expense $208.33 Sub•Total:ALL $30,615.21 Phase II Council Chambers DM-MD16X16 CRESTRON 16x16 DigitalMedia?Switcher 1 $5,375.00 $5,375.00 DMC4KC HDBaseT 4K Input Card for DM Switcher 3 $612.60 $2,437,50 DMC-SDI CRESTRON 3G-SDI Input Card for DM@ Switchers 5 $750,00 $3,750.00 DMC-4K-HD CRESTRON 4K HDMkk Input Card for DM@ Switchers 3 $500,00 $1,500.00 DMC-HDO CRESTRON 2-Channel HDMI®Output Card for DMO Switchers 2 $437,50 $875.00 IJMC-4K-CO-HD CRESTRON 2-Channel HDBaseT®Certified 4K DigitalMedia 8G4-0 3 $812.50 $2,437.50 Output Card for DM@ Switchers DMC-STRO CRESTRON Streaming Output Card for DM@ Switchers 1 $1,875.00 $1,875.00 DM-TX-201-C CRESTRON DigitalMedia 8C#®Transmitter 201 3 $812.50 $2,437.50 DM-RMC-SCALER-C CRESTRON DigitalMedia 8G•i-m Receiver&Room Controller 6 $875.00 $5,250.00 w/Scaler TSW-552-B-S CRESTRON 5"Touch Screen, Slack Smooth 1 $812,50 $812.50 ROI-HDMI-R0 AJA HDMI to SDI with ROI 2 $910.06 $1,820.12 LC-80UE3OU SHARP 80"ULTRA LED 2 $3,879.95 $7,759.90 HDTV,3840x2160,4k,120Hx,480Aguo,4-HDMI,3- USB,Rs-232c,1-Comp VM-16H KRAMER 1:16 HDMI Distribution Amplifier 1 $895,43 $895.43 XTM1 U CHIEF Micro-Adjust Tilt Wall Mount,X-Large 2 $264.00 $528.0D 495E38-B LG COMME 49"-Class Full HD Commercial IPS Monitor 2 $869.41 $1,738.62 LCM1 U CHIEF SINGLE CEILING MOUNT, LARGE, BLACK 2 $255.75 $511.50 CONTROL 26CT JBL JBL 6,5 CEILING SPKR WIX-FRMER 6 $143.67 $862.02 AS222WM-BK NEC DISP AccuSync AS222WM-BK, 22"LED Backlit Widescreen 9 $170.00 $1,611,00 LCD monitor, 1920 X 1080, NaViSet, Digital/Analog KPP110B CHIEF PIV, PIT, ROLL POLE MT BLK 9 $92.25 $630.25 KTA1014B CHIEF 14"POLE ACCESSORY 9 $29.55 $265,95 FT-600-B CRESTRON FtipTopTM Basic, Black Anodized 1 $312.50 $312.50 Printed on October 23,2015 Page 3 of 9 711700 FTA-PWR-102 CRESTRON FlipTopTM AC Power Outlet Module, Dual, US NEMA 5, 1 $100.00 $100.00 Type B ST-PC CRESTRON Dual Power Control Module, 120VAC. Includes PW- 2 $187.50 $375.00 1205 Power Supply. KTA1000B CHIEF GROMMET MOUNT ACCESSORY 9 $45.75 $411.75 ES915C24 AUDIO-TE AUDIO TECHNICA CARDIOID 20 $210.18 $4,203.60 ES947W AUDIO-TE Cardioid Condenser Microphone 2 $163.54 $327.08 RDLRUADA4D RDL-RA DISTRIBUTION AMP 4 CH. 1 $245.02 $245.02 RDLPS24AS RDL-RA 24 Vdc 500mA N.American Pwr Supply- 1 $22.06 $22.06 EYE-14 WOLFVISI CMOS 1080p Ceiling Visualizer/Stand-Alone Camera 1 $4,266.67 $4,266.67 Sub-Total: Phase II Council Chambers $53,836.67 Total: $83,944.13 PRO SUPPORT: Model# Mfg Description Qty Price Extended AVISSA1YR AVI Systems 1 Year System Support Agreement 1 $ $5,877.00 ($17,629.00 for 3 years) Printed on October 23,2015 Page 3 of 9 711700 11r' 1410 Energy Park Drive Comp Suite to16 St. Paul, MN 55108 The Source For Presentation Solutions 651-647-4354 800-448-8439 Project Number: MN6104 651-647-4459 fax Account Executive: Dave Ewing www.compview.com Date: 11-6-2015 Registered and Bonded Oregon CCB#134110 Washington COMPVI*015DT California C-7#778555 Minnesota License#CC01101 Scope of Work(Attachment"A")-Eden Prairie Bid Spec.Phase two Following is a scope of work that includes the project features and design requirements as stipulated in our Project Definition Meeting. It is the client's responsibility, or their authorized representative, to review the following information for accuracy and make any necessary changes prior to signing the document. Priced per equipment list provided Item Qty Total Qty per Room Manufacturer Model# Description Price Each Price Total 1.00 $ - $ - 2.00 1 1 Crestron DM-MD16X16 16x16 digital media switcher $ 5,211.00 $ 5,211.00 3.00 3 3 Crestron DMC-4K-C HDBaseT 4K DigitalMedia 8G+input card $ 788.00 $ 2,364.00 4.00 5 5 Crestron DMC-SDI 3G-SDI input card $ 727.00 $ 3,635.00 5.00 3 3 Crestron DMC-4K-HD 4K HDMI input cvard $ 485.00 $ 1,455.00 6.00 2 2 Crestron DMC-HDO 2-channel HDMI output card $ 424.00 $ 848.00 7.00 3 3 Crestron DMC-4K-CO-HD 2-cjannel HSBaseT4K DigitalMedia 8G+output $ 788.00 $ 2,364.00 8.00 1 1 Crestron DMC-STRO streaming output card $ 1,818.00 $ 1,818.00 9.00 3 3 Crestron DM-TX-201-C Digital Media 8G+transmitter 201 $ 788.00 $ 2,364.00 10.00 6 6 Crestron DM-RMC-Scaler-C DigitalMedia 8G+receiver&room controller $ 848.00 $ 5,088.00 11.00 1 1 Crestron TSW-552 5"touch screen $ 788.00 $ 788.00 12.00 2 2 AJA ROI-HDMI mini converter to HDMI to SDI $ 1,039.00 $ 2,078.00 13.00 1 1 Kramer VM-16H 1-to-16 HDMI distribution amplifer $ 890.00 $ 890.00 14.00 2 2 Sharp 80LE650U 80"consumer grade LED $ 3,061.00 $ 6,122.00 15.00 2 2 Chief XTMU extra large titl mount assembly $ 243.00 $ 486.00 16.00 2 2 LG 49SE3B-B 49"edge-lit LED IPS digital signage display $ 931.00 $ 1,862.00 17.00 2 2 Chief LCM1U Fusion large flat panel ceiling mount $ 223.00 $ 446.00 18.00 6 6 JBL Control 26CT 6.5"2-way ceilinh speaker w/70/100V $ 128.00 $ 768.00 19.00 9 9 Supersonic SC2211 22"computer monitor w/HDMI input,VESA $ 200.00 $ 1,800.00 20.00 9 9 Chief KPP110B pivot/tilt pole mount $ 85.00 $ 765.00 21.00 9 9 Chief KTA1014 array 14"pole $ 27.00 $ 243.00 22.00 9 9 Chief KTA1000 pole-mount grommet accessory $ 42.00 $ 378.00 23.00 1 1 Crestron FT-600 flip top basic $ 303.00 $ 303.00 24.00 1 1 Crestron FTA-PWR power module for FT-600 $ 97.00 $ 97.00 25.00 2 2 Crestron ST-PC dual power control module $ 182.00 $ 364.00 26.00 20 20 Audio Technics ES915c24 cardioid condenser gooseneck microphone $ 209.00 $ 4,180.00 27.00 2 2 Audio Technics ES947W cardioid condenser boundary microphone $ 162.00 $ 324.00 28.00 12 12 Adafmit rugged metal on/off switc pushbutton w/LED feedback P/N 482 $ 6.00 $ 72.00 29.00 12 12 Adafruit rugged metal on/off switc pushbutton w/LED feedback P/N 917 $ 6.00 $ 72.00 30.00 1 1 Wolfdsion EYE-14 document camera $ 4,190.00 $ 4,190.00 100.00 1 1 CVI CVI Cabling,Connectors and Installation Materials $ 3,561.00 $ 3,561.00 SUMMARY EACH TOTAL EQUIPMENT&SHIPPING TOTAL $ 54,936.00 INTEGRATION SERVICES TOTAL $ 25,566.00 SYSTEM SUB-TOTAL W/O TAX $ 80,502.00 SYSTEM TOTAL $ - $ 80,502.00 Limitations and Exclusions 1. Client shall be responsible for dedicated electrical NC power and conduits (as required)to all specified locations. All A/V conduits shall be dedicated for Comp View wiring and of adequate size. 2. Client shall be responsible for all LAN and CCTV cable and connections. 3. Client shall be responsible for modifications to ceilings, walls, finish work and custom paint finishes (if required). 4. Client and Comp View shall agree upon project schedule. Client shall provide access to facility, furniture and owner furnished equipment (O.F.E.) in accordance with that schedule. F:\SHARED\System Integration\System Projects\Minnesota\_Projects\MN6104 Eden Prairie City Center Council Chamber BID\SCOPE 2.2.docx 5. Unless otherwise specified in this document, customer shall supply all computer equipment. Including but not limited to: desktop computers, laptops, and network hardware. 6. Equipment and labor prices are estimated based on the project detailed in this signed document. Any changes or additions to the project shall affect the cost. Client Authorization I, , acting as a representative of, agree that the information contained in this scope of work is accurate, and represents intent and detail for, goods and/or services provided as referenced to this document. Client Representative Date F:\SHARED\System Integration\System Projects\Minnesota\_Projects\MN6104 Eden Prairie City Center Council Chamber BID\SCOPE 2.2.docx CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.P. Paul Schlueter Surplus Vehicles/Equipment Fleet Services Requested Action Move to: Declare the attached list of property as "surplus property" and available for sale or disposal through authorized methods. Synopsis Fleet Services provides retirement of surplus property(equipment/vehicles). The sale of used vehicles and equipment helps fund the purchase of new vehicles and equipment. The equipment and vehicles are auctioned in accordance with City Code 2.86 Subdivision. 3. Disposal of excess property. Background Information The City of Eden Prairie has an agreement in place with the State of Minnesota, Department of Administration Surplus Services to participate in their regularly scheduled vehicle and equipment auctions. Occasionally depending on the vehicle or equipment, a minimum auction reserve amount is set and if not met, other avenues such as trade-ins for new equipment are used to maximize surplus property returns. These surplus property disposal methods are in compliance with the city's Purchasing Policy and City code. Attachment 2016 Vehicle/Equipment Auction List TO: Robert Ellis FROM: Paul Schlueter DATE: November 17, 2015 SUBJECT: 2016 Auction Vehicles &Equipment Fleet Services is requesting authority to dispose of vehicles and equipment as noted below. All vehicles and equipment listed will be sold at Public Auction held by the State of Minnesota Department of Administration. The City pays a sale fee of 10% of the purchase price for vehicles or equipment that sells for less than $4,000. For vehicles and equipment that sell for more than $4,000, the fee is 8%up to a maximum of$1,000. Certain vehicles or equipment will have minimum auction reserves set and in the event the equipment does not sell at auction, other avenues such as equipment trade-ins will be utilized to obtain the maximum sale value. Vehicles & Equipment: Vehicle/ Vehicle/ Estimated Unit Year Unit Serial Number Equipment Auction Sale Equipment Make Model Amount 231 2012 2C3CDXAT9CH197919 Dodge Charger $7,000 232 2012 2C3CDXAT5CH197917 Dodge Charger $7,000 236 2012 2C3CDXATXCH258839 Dodge Charger $7,000 237 2012 2C3CDXAT6CH258840 Dodge Charger $7,000 238 2012 1FM5K8AR2DGB71417 Dodge Charger $7,000 269 2009 1 GCDT 199498150160 Chevrolet Colorado 4X4 $5,000 285 2008 1D8HN44HX8B136696 Dodge Caravan $5,000 286 2008 1G1ZG57B184260573 Chevrolet Malibu $5,000 298 2008 2G1WS553981349428 Chevrolet Impala $7,000 424 2006 1FDWE35L36HA37615 Ford E-350 Bus $7,000 427 2006 1FTNF21546ED28009 Ford F-250 $5,000 428 2006 1FTNF21506ED28010 Ford F-250 $5,000 472 2008 30581-210000138 Toro 580D $12,000 703 2004 1GCEC19X04Z330807 Chevrolet 1500 Ext Cab $4,000 746 2006 530912218 Bobcat S-250 $12,000 Total $102,000 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.Q. Paul Schlueter 2016 Vehicle & Equipment Replacement Fleet Services Fund Schedule Requested Action Move to: Approve purchase of replacement vehicles and equipment as listed in the 2016 Budget and as itemized on the attached Schedules. Synopsis The Equipment Replacement Fund was developed by Fleet Services to provide a 15-year projection of equipment needs and a corresponding replacement schedule for each vehicle. Annual budget requests are created from this schedule to determine the spending amount that is included for approval in the operating budget. Staff has finalized the details of each replacement/purchase, including testing the vehicles against our replacement policy guidelines. The final list is attached and submitted for approval. The planned Fleet Capital Internal Service Fund purchase expenditures for 2016 are $599,000. The planned Utilities Enterprise Fund purchase expenditures for 2016 are $96,000. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. Joint Powers Agreements as listed in the City of Eden Prairie purchasing policy are also utilized. Attachment 2016 Replacement Vehicle and Equipment Purchase List TO: Robert Ellis FROM: Paul Schlueter DATE: November 17, 2015 SUBJECT: 2016 Replacement Vehicle &Equipment Purchases—Fleet Capital Internal Service Fund Here is the list of replacement vehicles and equipment for calendar year 2016 funded through the Fleet Capital Internal Service Fund. These costs include vehicle set-up, special equipment, lighting and taxes: Service Area eplacement Total Cost Police 231 Dodge Charger $ 36,000.00 232 Dodge Charger $ 36,000.00 236 Dodge Charger $ 36,000.00 237 Dodge Charger $ 36,000.00 238 Ford Explorer $ 36,000.00 269 Ram 1500 4X4 PU $ 30,000.00 285 Investigator Car $ 27,000.00 286 Investigator Car $ 27,000.00 298 Lieutenant Car $ 31,000.00 Subtotal $ 295,000.00 Fire Dept. 355 Ford Explorer $ 31,000.00 Subtotal $ 31,000.00 Park Maintenance 424 Ford E-350 Bus $ 70,000.00 427 3/4 Ton Pickup w/Plow $ 45,000.00 428 %Ton Pickup w/Plow $ 45,000.00 472 Toro 5910 Mower $ 113,000.00 Subtotal $ 273,000.00 Total all purchases $ 599,000.00 Less salvage value $ 102,000.00 Total Equipment Fund $ 497,000.00 TO: Robert Ellis FROM: Paul Schlueter DATE: November 17, 2015 SUBJECT: 2016 Replacement Vehicle &Equipment Purchases—Utilities Enterprise Fund (Water, Sewer, Storm) Here is the list of replacement vehicles and equipment for calendar year 2016 funded through the Utilities Enterprise Fund. These costs include vehicle set-up, special equipment, lighting and taxes: Service Area Replacement Total Cost Water/Utility 3/4 Ton Pickup with 703 Plow $ 38,000.00 746 Bobcat Skid Loader $ 58,000.00 Sub Total $ 96,000.00 Less salvage value $ 16 000.00 Total Equipment Fund $ 80,000.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.R. Police Department Declare Abandoned Property Lieutenant Greg Weber Requested Action Move to: Declare property as abandoned. Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment and miscellaneous items that remain unclaimed. Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachments Exhibit A—Abandoned Property Exhibit B—Converted Property EXHIBIT A - ABANDONED PROPERTY Tag # Description of Property Serial Number 14786 #02a - Bracelet & Necklace Set - Silver in Color with Clear Stones 11091 #14 - (4) Verizon Broadband Routers and (1) Turtle Beach Headset. 11094 #17 - PS3 Game Console CF414118605-CECH 3001A 11095 #18 - (2) Pair of Turtle Beach Headsets. 11098 #21 - Collins Axe Sledge Hammer 11102 #25 - (2) Cobra Walkie-Talkies 11003 Black & Red Crowbar found on Counter near Pried Kiosk in Best Buy 0910EP0044 Black Altec Lansing Case w/(2) Portable Speakers 11097 Blue Dolly - Found on Deck. 14203 Burley Bike Trailer 2010-01-05 Black/Blue/Yellow, No Serial Number Available 14084 Envelope #03201502 - Earrings 14085 Envelope #03201503 - Headphones 14086 Envelope #03201504 - Diamond-Like Stud 14181 Giant MTX 125 Silver Boys Bicycle AR4L15454 14821 Havoc Hyper Aluminum Black & Gray 26" MTN Bike DMG10D043450 14603 Ironhorse Anzer Peak DS Lime Green Boys 21 Speed Bicycle XD 08022423 11256 ITEM #1 - ONE YELLOW CROWBAR - Swabbed by Crime Tech #058 11256 ITEM #2 - ONE BLACK CROWBAR - Swabbed by Crime Tech #058 13769 Misc Tools, Chargers 14102 Mondani New York Orange Leather Purse 14530 Mongoose Crush Blk/Blu Boys BMX Bike SNFSDO8DT4203 14881 Next Chaos BMX Bike Lime Green - Two Rear Pegs and One Front Peg HS091100651 14437 One Book: The Edison Gene by Hartman 14481 One Bose listening device (05141502) 14254 One Female Silver Monogramed Necklace 14255 One Pair of Pearl-Like Earrings Studs - Gold in Color 14764 Plastic Ruvilla Bag w/Misc Clothing Items 14630 RCA Camera Tripod 14394 Schwinn Ranger Girls 21sp White/Pink Bicycle SNIDC06614439 14770 Silver Colored Ring w/8 Clear Diamond-like Stones 14553 Three Black Leather Clutches - Proof of Purchase/ Receipt Required before Release 13769 TomTom GPS Unit SN7161 K01828 11/9/2015 1:18:44 PM file:///C1/Users/JABergstrom/Desktop/Exhibit%20A%20-%20Abandoned%20Property.html[11/9/2015 1:19:46 PM] EXHIBIT B - CONVERTED PROPERTY Tag # Description of Property Serial Number 14636 $3.65 in Cash 15506 $4 Cash 0905EP0390 $58.62 in Cash 0910EP0043 Black Soft-side Dell Computer Bag 12752 Black Tote Bin 5351 Digital Scale in Black Case - Concealed as Music CD Case 6960 One Black & Yellow Dewalt Bag w/Burglary Tools Sawzall and One Purple SW Mpls Bag w/Two Bolt Cutters. 15624 One Five Dollar Bill 3706 Pg 03A- #22 - "Zap Baton" 6955 Reverse Peep-Hole Viewer 6953 Samsung Galaxy Tablet S2 Model GT-P5113P8 w/Cover RF2CBOVKBJX 6953 Toshiba Laptop Computer 99270969Q 11/9/2015 1:19:24 PM file:///C1/Users/JAB ergstrom/Desktop/Exhibit%20B%20-%20Converted%20Property.html[1 1/9/2015 1:20:01 PM] CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.S. Jay Lotthammer, Director Authorize the Purchase of Eight Parks and Recreation Treadmills for use at the Eden Prairie Community Center Requested Action Move to: Authorize the purchase of eight treadmills from Life Fitness for a total of $62,990.72 Synopsis Staff sought proposals from fitness companies to determine the best pricing for the type of treadmill needed. Life Fitness Discover SE $62,990.72 Second Wind Matrix T7xi $63,825.00 After review of the proposals, staff is recommending the Discover SE Domestic Treadmill from Life Fitness. These treadmills are the same brand and configuration as the current Community Center treadmills and will allow for seamless use of operation by the user. Background The expansion to the community center fitness areas has allowed for additional equipment to help meet the increased demand by residents. Staff recently surveyed members and analyzed the demand to determine the types of additional equipment needed. The most popular and highly used items have been treadmills. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Development/Planning Dorenkemper House Heritage Janet Jeremiah/Lori Creamer Preservation Site Requested Action Move to: • Close the Public Hearing; and • Adopt first reading of an Ordinance to Designate the Dorenkemper House as a Heritage Preservation Site. Synopsis As part of a Certified Local Government(CLG), the City of Eden Prairie and the local Historic Preservation Commission(HPC) has certain responsibilities to fulfill. Some of those responsibilities include maintaining a system for identifying historic properties,providing public participation in the local preservation program/process and playing an expanded role in nominating properties to the local and National Register of historic places. This is a public hearing to designate the Dorenkemper House as a Heritage Preservation Site. In a letter dated October 14, 2015, the Minnesota Historical Society Heritage Preservation Department concurs with the HPC's recommendation to designate the Dorenkemper House. The Heritage Preservation Commission held a public hearing on October 19, 2015, for the designation. The commission voted 6-0 to recommend approval of the designation. Attachments 1. Ordinance 2. Staff Memo 3. Location Map 4. Guide Plan Map 5. Zoning Map 6. Aerial Map 7. Unapproved HPC minutes 10-19-15 8. MNHS HPD letter dated 10-14-15 9. HPC Site Registration Packet DORENKEMPER HOUSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. xx-2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, DESIGNATING CERTAIN PROPERTY WITHIN THE CITY OF EDEN PRAIRIE AS HERITAGE PRESERVATION SITE NUMBER 0010: DORENKEMPER HOUSE THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: SECTION 1. The legal description and attached boundary map is hereby adopted as the official Heritage Preservation Site map for Heritage Preservation Site Number 0010: The Dorenkemper House SECTION 2. That all lands within the official Heritage Preservation Site Boundary Map for Heritage Preservation Site Number 0010: TheDorenkemper House and hereby is designated a Heritage Preservation Site as provided in City Code Section 11.05; 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 17th day of November, 2015 finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of , 2015. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2015. Legal Description: THAT PART OF NW 1/4 OF SE 1/4 AND OF GOVT LOT 2 DESC AS BEG AT SW COR OF NW 1/4 OF SE 1/4 TH ON AN ASSUMED BEARING OF S 88 DEG 35 MIN 36 SEC E ALONG S LINE THOF 558.31 FT TO NWLY LINE OF CHICAGO NORTHWESTERN RR R/W TH N 43 DEG 59 MN 58 SEC E ALONG SAID R/W 51.88 FT TO W LINE OF E 23.8 ACRES OF NW 1/4 OF SE 1/4 TH N 0 DEG 09 MIN 48 SEC E ALONG SAID W LINE 1027 FT TH N TH N 89 DEG 50 MN 12 SEC W 605.22 FT TO W LINE OF NW 1/4 OF SE 1/4 TH S 71 DEG 14 MN 30 SEC W TO SHORE OF LAKE RILEY TH SELY ALONG SAID SHORE TO S LINE OF GOVT LOT 2 TH E TO BEG ALSO THAT PART OF GOVT LOT 3 LYING WLY OF CHICAGO NORTHWEST ERN RR R/W AND N OF A LINE RUNNING DUE E AND W THROUGH A PT ON CTR LINE OF RILEY LAKE RD DIST 321.6 FT NLY AS MEAS ALONG SAID CTR LINE FROM NWLY LINE OF SAID RR R/W EXCEPT PART PLATTED AS BEARPATH SECOND ADDN ALSO EXCEPT ROAD I 4* ..-'9F1'WAIII* ''''''di 'ie ,- ..'.--,.. '#'J4 .gay 0,`.. r rk 1 ` k C 44 N-:.4 -' r ,'. Barn t 4, ' Dornkernper House Granary *01 Garage .; # .si, V- tir, . 00.st, Illf,A4 s, Riley-Jacques Housef''-':',- .. '`.--.'''' Ai . 4 k • Riley-Jacques Farmstead �. Eden Prairie, MN OP Parcels EDEN N. Heritage Preservation Site Boundary PRAIRIE 1 inch= 125 feet Date: October 19, 2015 Memo: To: Heritage Preservation Commission From: Lori Creamer, Planning Technician Subject: Dorenkemper House Heritage Preservation Site Public Hearing Background: The City code requires the Commission recommending to the Council any building, historic district, or object for designation as a Heritage Preservation Site, the Commission shall hold a public hearing on the proposed designation. Prior to such hearing, the Commission shall cause to be published in a newspaper of general circulation notice of the hearing at least ten(10) days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of the property proposed to be designated a Heritage Preservation Site and to all property owners within three hundred fifty(350) feet of the boundary of the area to be designated a Heritage Preservation Site. Official notice was published in the Eden Prairie News on October 8, 2015. Notices were mailed to the property owners within 500 feet on October 2, 2015. MOTION: Move to recommend to the City Council that the Dorenkemper House property be designated as a Heritage Preservation Site. Area Location Map- Heritage Preservation Site Designation Dorenkemper House Address: 9100 Riley Lake Road, Eden Prairie, MN 55347 r4/'?'-/ i,. iiik. ---,---- tAKE`� 9100 Riley Lake Road (House Location) • 91Riley Lake Road \,, Lake Riley / itt / f r// LEDED 0DED # // < Pioneer Trail At%4ktilt17 ( 0 dp R 1 ■ Guide Plan Map - Heritage Preservation Site Designation Dorenkemper House 9100 Riley Lake Road, Eden Prairie, MN 55347 memer N. . ---- 11.4CO I �- ,i 44 0 gr 4 111 11 I• -7--:------ . Iii, ::_--1 ‘k\ 9100 Rileyake Road (House Location Al �• • A . 0 ,-,1 Lake Riley tug' , aria! • ,,• . , , 410 1 'sz.... .. Iv\ Pioneer Trail �� , Imo i\\\ City of Eden Prai - -ant U e Guid Plan Map 2000 I !Wi/- miik ' . 'Ito Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre nip Community Commercial Streams 17.7 Low Density/Public/Open Space - Regional Commercial Principal Arterial -A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i -B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 Density ResidentialUnits/AcrePublic/Quasi-Public E D E N I High 10-40 DATE Revised 02-23-06 DATE Revised10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water EIVE•wORK•QAEAM fO- Office/Public/Open Space Right-Of-Way 550 275 M 0ogamm�Me moe.m_o.„®o o..o.a, o Mfoµi550 Feet - Industrial Zoning Map - Heritage Preservation Site Designation Dorenkemper House 9100 Riley Lake Road, Eden Prairie, MN 55347 —,A 7,4 au y i w m I b AiWi W M .0 1107 _IP Avv, wi-"I 1711 lc dr ..--, *Atli.iiiiiio .41,101,„,„„„„,„ . ........,,,_ 4111 ii\\ ,............._ 9100 Riley Lake Road (House Location) 1A X Z W Y Lake Riley u N14 • 41, u'� • ��RD i � I�� WO 01i Pioneer Trial Cit of Eden : - i o- , v g pAN�j \ I - //I clq =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) . 1 1 ,f. t R1-9.5 One Family-9,500 sf min. _Industrial Park-2 Acre Min, ® 100- Year Fioodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ll Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDE Office AI Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE iIF t Neighborhood Commercial n Golf Course Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•W0BIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I I Right of Way -Regional Service Commercial 0 0.15 0.3 Miles .waL_o...m..=..m._..®.I..o.a.,a ..o...zn,..m ,..,,mo, Aerial Map - Heritage Preservation Site Designation Dorenkemper House 9100 Riley Lake Road, Eden Prairie, MN 55347 ..„ . — iiiii.,,, ---- -. -..i..i..-- wow Agralinummimummull 4 1 , --,--4• 1 • .._, vito.,A1,„ ih, .47Mii A A •• fp 4144?" 41".401.,,A . 4 mai ordiktr• 1 fa V, . . , qw-AlAvinii ti., libt 4. al iiir4 A vjgo4.,L, WV- pfdttir.411116111k till ' Ilt lb.. .„114 ,..._ _ _ - • Matil -• ' i 9100 Riley Lake Road (House Location) 'Th 174 1 4_., \ V,i ..* .• , 1. .-:' - .0 '. \ , •' -\ - -- , _ ,... - .tk , - . ",-,--- 1 ' a •• _ , ,---• Troy win ,d-rnrtilirriiiiiii Pioneer TrailAll—7 . ,. . / /\ ,\ ',•h i i/ 0 II WI I I A, Voy 42vriiW 1 1 *Ilk - -. • * * •1*.i As, ' ft i,.. __.,..• --,-!blt-vriatui . ., ,__ _Litriabli ,... ,.,.. ..-ir, .. , N _ in _Incnivutoin 6M • '60„ • .? 11 %'' litil .. :. d . 1111111i44171-11 111•1111M me i mow diltwarg sumunima qtt:-1: i ..j- -, .1!'s• "191111-.M.IlallliiiTa 6.71, KIM 1Yi i III1W L'7111 UNAPPROVED MINUTES EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION MONDAY, OCTOBER 19, 2015 7:00 P.M., CITY CENTER Prairie Rooms A & B 8080 Mitchell Road COMMISSION MEMBERS: Steve Olson(Chair), Ed Muehlberg (Vice Chair), Cindy Cofer Evert, Pamela Spera, Mark Freiberg, Tara Kalar, Paul Thorp STAFF: Robert Vogel, Pathfinder CRM, LLC Lori Creamer, Staff Liaison Heidi Wojahn, Recording Secretary STUDENT REPRESENTATIVES: Zeinab Hussen, Alexander Modeas,Natalie Higgins GUESTS: Students from Eden Prairie High School: Glen Birman, Becky Copper, Ricky Gutierrez, David Torgerson I. CALL TO ORDER/ROLL CALL Chair Olson called the meeting to order at 7:03 p.m. Vogel, Muehlberg, and Student Representative Hussen were absent. Introductions took place. II. APPROVAL OF AGENDA Creamer added Item VI. E., Cofer Evert added Item VI. F. and Freiberg added Item. VII. A. to the agenda. MOTION: Cofer Evert moved, seconded by Freiberg, to approve the agenda as amended. Motion carried 6-0. III. APPROVAL OF MINUTES MOTION: Spera moved, seconded by Thorp, to approve the September 21, 2015 minutes. Motion carried 6-0. IV. PUBLIC HEARING—DORENKEMPER HOUSE LOCAL SITE NOMINATION Creamer stated she received feedback from the Heritage Preservation Department(HPD) of the Minnesota Historical Society concurring the Dorenkemper House (DK) is a good candidate for local designation. HERITAGE PRESERVATION COMMISSION MINUTES October 19, 2015 Page 2 Chair Olson announced the opening of the public hearing and asked if anyone would like to address the Commission. There were no comments. MOTION: Freiberg moved, seconded by Cofer Evert, to close the public hearing. Motion carried 6-0. MOTION: Kalar moved, seconded by Spera, to recommend to the City Council the Dorenkemper House located on the Riley-Jacques Farmstead property be designated as a Heritage Preservation Site. Motion carried 6-0. Creamer said the recommendation will go before the City Council with a public hearing at the November 17, 2015 meeting. She will follow up regarding commissioner attendance at the council meeting. V. REPORTS OF COMMISSION AND STAFF VI. OLD BUSINESS A. INVENTORY LIST STATUS UPDATE—Thorp Thorp tabled the item pending receipt of additional information. B. GLEN LAKE CHILDREN'S CAMP (GLCC) PLAN REVIEW Creamer reported Randy Boser of True Friends along with his architect and engineer recently met with city staff for a proposed project at GLCC. The plan Creamer sent to commissioners was preliminary but entails tearing down the Boulay building and constructing a two-story walk-out respite center for clientele in its place. The building would include a sprinkler system, elevator, sleeping quarters, kitchen, three-season porch, health office, and exam rooms. One of two garages on site is part of a historic district. Updated plans will be reviewed by HPD, HPC, the Planning Commission, and City Council. Cofer Evert pointed out the narrative's inconsistency when compared to the plan and asked what the Commission's response should be in terms of carefully moving one historic garage. The narrative states intentions to remove the non- contributing garage and move the historic garage to its location. The plan does not reflect this. Creamer noted the narrative was not originally included with the plan. She expects new plans in the next month and will send them out to the HPC upon receipt. Olson mentioned the proposed parking addressed in the narrative was also not reflected in the plan. Thorp said there is nothing to react to yet without the updated plan. Cofer Evert sought an explanation for how the building would serve as a retaining wall, as stated in the narrative. Thorp said four basswood trees would be removed. HERITAGE PRESERVATION COMMISSION MINUTES October 19, 2015 Page 3 The grading would make the structure look like a one-story building from one side, but would be a walkout on the opposite side which could act as a wall. Thorp asked what Planning thinks about the proposed ten-foot setback from the railroad. Creamer said the setback issue will be addressed at an upcoming Planning Commission meeting. Olson clarified the Commission will wait for an updated and consistent plan prior to formulating a response. He asked if the playground equipment had come in. Creamer said she will check and report back. C. 2016 WORK PLAN Creamer said rather than creating a draft of the 2016 work plan, she preferred to review the 2015 plan and celebrate the Commission's accomplishments and then see if there are items the HPC wants to continue or add. She noted most items on the plan were completed. The one area that was not a focus in 2015 was updating the website. Creamer will work with Communications on this. Freiberg announced EPHS's upcoming Ghost Walk on October 24. Admission is free. Cofer Evert suggested adding the historical photo display in the City Center's atrium to the first two quarters of next year. Kalar requested commemoration of the 50th anniversary of the National Historic Preservation Act be added. Cofer Evert also said to list funding for additional panels as part of the Riley-Jacques interpretive project. Creamer noted she had recently received information on another grant source which she will look into in 2016. Thorp asked if a representative from the parks department could be expected to attend the Commission's next meeting regarding the Lookout site. Creamer said she put in a request for Jay Lotthammer to attend in November. Cofer Evert asked that tours of Flying Cloud Airport's historic hangars be added to the second quarter of next year's work plan. Thorp said he has two items to add to the work plan: 1) the historic town of Hennepin which is on land owned by the City's parks department, and 2) Murphy's Ferry. Hennepin was a planned town plotted into 1200 parcels that was never built. There are existing artifacts in the area, however, in need of preservation. He showed a contour map, a digital scan of the location taken from an aerial view and pointed out various features of historical interest: an initial warehouse site dating back to 1853, the Minnesota Valley Trail - an old oxcart trail, a road, and the foundation of a wagon shop from the 1850s. Murphy's Ferry sits across from Murphy's Landing in Shakopee and was the site of a Native American uprising. It is undisturbed woodland currently on private property. Creamer said she will include in this year's work plan grants for which she has applied. If received, she will add items those grants will fund to next year's plan. A draft of the 2016 work plan will be ready for next month's meeting. HERITAGE PRESERVATION COMMISSION MINUTES October 19, 2015 Page 4 D. OLD CITY STREET SIGNS—FUNDRAISER- Creamer Creamer said Public Works has a list of street signs they have replaced which the HPC can use as an inventory for selling the old signs as a fundraiser, but program logistics still need to be determined. Cofer Evert asked if signs are removed on a percentage basis. Creamer said there are no solid numbers; Public Works does the replacements as time permits. She estimated a couple hundred have already been replaced which includes multiples of some street names. Cofer Evert recommended holding off on selling until more signs are available. Freiberg suggested proceeds be split evenly between the HPC and EPHS. Spera asked if the City would expect a portion of the proceeds. Creamer said she inquired and was told Public Works probably makes $1000 on scrap metal which may be regarded as a negligible amount. Creamer asked the students if they were interested in developing a draft proposal. Cofer Evert proposed awarding part of the proceeds to one of the student volunteers in the form of a scholarship and also suggested this might be a good potential project for members of DECA, a business club for students. She recommended advertising the initiative on the HPC website and hanging onto the signs until a plan of action is determined. Modeas and Higgins said they would try to formulate a plan in the next month or two. Cofer Evert requested it be added as a 2016 work plan item. E. EDEN PRAIRIE COMMUNITY FOUNDATION (EPCF) GRANT— INTERPRETIVE SIGN Creamer said Bluestem Heritage Group (BHG) has been contracted to work on one of eleven signs planned as part of the Riley-Jacques Interpretive Project. The sign is being funded via a$3500 EPCF grant which covers research, writing, graphics, and production costs. BHG is proposing the sign be either the one covering Riley Lake tourism from 1917-1950 or the Riley-Jacques farm house from 1881 to present day. Riley Lake was once a vacation destination for city residents, and the tourism sign would likely go on the lake path near the beach. The other sign would be located by the lake path on the back side of the house and cover families who have lived there and their farming practices. Boundaries would need to be clarified since the home is currently used as a private residence. Creamer asked for commissioner feedback on choosing between these two or proposing a different one altogether. Cofer Evert said she was in favor of the tourism sign. Existing signs in the area have already addressed family life and farming, and people don't know about the aspects of Riley Lake tourism such as the hotel, resort, boat rentals, and dance club. In addition, the lake location is appealing as there are no signs by the lake yet. Thorp mentioned possible park improvements planned in the south area. Creamer said she will check on this and the proposed location of the tourism sign. Spera agreed with Cofer Evert saying she thought the tourism sign would spark HERITAGE PRESERVATION COMMISSION MINUTES October 19, 2015 Page 5 interest or provide a connection for more people. Creamer stated installation would likely occur next spring. F. BYERLY'S UPDATE Cofer Evert reported she received an email from the director of marketing for Byerly's/Lunds grocery stores thanking her for her interest and efforts in pursuing a historical photo display at the new Byerly's in Eden Prairie. The letter stated the store reflects their most current design approach and as a result, they are not interested in historical photos at this time. VII. NEW BUSINESS VIII. FYI ITEMS A. DORENKEMPER HOUSE SHADES Freiberg reported Kathie Case from EPHS has not heard anything from the City following up on shades for DK. Concerns about damage to the furnishings from sun glare are increasing, especially with winter approaching. Creamer shared updated information that city staff would follow up with EPHS regarding styles and estimates. Timing for installation of the window coverings is dependent on when funds are available. IX. FUTURE MEETINGS/EVENTS The next HPC meeting will be Monday, November 16, 2015, 7 p.m. at City Center, Prairie Rooms A &B. X. ADJOURNMENT MOTION: Freiberg moved, seconded by Thorp, to adjourn. Motion carried 6-0. Chair Olson adjourned the meeting at 8:36 p.m. 1 t Minnesota Using the Power of History to Transform Lives Historical Society PRESERVING.`SHARiNG CONNECTING October 14, 2015 Lori Creamer Eden Prairie Heritage Preservation Commission Eden Prairie City Center 8080 Mitchell Road Eden Prairie MN 55344 RE: Local designation of the Alexander and Irene Dorenkemper House, 9090 Riley Lake Road, MNHS Referral No. 2016-0108 Dear Lori, Thank you for the opportunity to comment on the above referenced designation. It has been reviewed pursuant to Minnesota Statutes §471.193, subd. 6., and Sec. 11.05., subd. 3(B) of Eden Prairie Ordinance 38-90. The Dorenkemper House is a 1 %-story log building with an attached one-story frame kitchen wing.The house was moved in 2002 from its original location to an appropriate site at Riley Lake Park and sensitively restored in 2006.The house is an excellent example of a mid-to late-nineteenth-century vernacular log and frame residence constructed by an immigrant settler, The Dorenkemper House retains good integrity and, as such, is architecturally significant. We concur that the Dorenkemper House is a good candidate for local designation. If you have any questions regarding our assessment of this property, please contact me. Sincerely, Michael Koop Heritage Preservation Department Minnesota Historical Society,345 Kellogg Boulevard West.Saint Paul,Minnesota 55102 651-259-3000•888-727-8386•www.ninhs,or9 `kfi-I • ,'�r,•i _L �, `� - --.r er r, .. s.` i e 11 �m rA 1116 F ■ T�Y Y�, Si!ii City of Eden Prairie Heritage Preservation Commission Site Nomination Dorenkemper House Prepared For The City of Eden Prairie Heritage Preservation Commission Submitted By Pathfinder CRM, LLC 2015 CITY OF EDEN PRAIRIE HERITAGE PRESERVATION SITE NOMINATION DORENKEMPER HOUSE November 17, 2015 This report contains information supporting the nomination of the historic Dorenkemper House for designation as a Heritage Preservation Site pursuant to City Code §11.05. It identifies and locates the historic property, explains how it meets the Heritage Preservation Site eligibility criteria, makes the case for its historic significance and integrity, and recommends a plan of treatment to guide site preservation efforts. Once the Dorenkemper House has been designated a Heritage Preservation Site by the Eden Prairie City Council, this document will become part of the official record. The report is divided into five sections: planning information, description, significance, sources of information, and treatment plan. Maps, photographs, and other supporting documents are included as attachments. The final report was prepared by Robert C. Vogel of Pathfinder CRM, LLC who is the city's preservation planning consultant. PLANNING INFORMATION Name The historic name of the property being nominated is the Dorenkemper,Alexander and Irene, House (resource inventory number HE-EPC-0283). Location The subject property is located at 9090 Riley Lake Road in Riley Lake Park. Boundaries The Heritage Preservation Site consists of the historic house. Site boundaries are coextensive with those of the Riley-Jacques Farmstead Heritage Preservation Site. Owner The site is owned by the City of Eden Prairie. Dorenkemper House Heritage Preservation Site page 1 Resource Classification For preservation planning purposes, the Dorenkemper House is classified as a building. Historic and Present Uses The house historically functioned as a farm residence. In 2002 it was moved to Riley Lake Park where it is currently used for interpretive purposes. DESCRIPTION The Dorenkemper House is a restored nineteenth century farm dwelling that was moved from its original location to Riley Lake Park in 2002. The house consists of two connected structural units: a one-and-one-half story hewn logcoreand a one story balloon-framed kitchen wing addition. Both units have rectangular plans and gable roofs, and the axis of the kitchen roof is oriented perpendicular to that of the log module. The exterior wall cladding is horizontal weatherboard siding and the roofs are covered with cedar shingles. The house was restored in 2006 and is in an excellent state of preservation. The core of the house is a single-pen log structure made of eight courses of stacked hardwood timbers laid horizontally and fastened together with interlocking V-notches at the corners. Three different species of timber were used for the original construction: oak, elm and basswood. The logs were almost certainly cut from trees growing on or near the homestead. (Several decayed logs were replaced as part of the 2006 restoration.) The logs which make up the load bearing walls are single pieces, relatively straight and of similar size. The inner and outer sides of each log have been hewed flat with a broad ax or adze to provide a continuous flat face on the exterior and interior wall surfaces. The upper and lower sides have been debarked but retain their natural sweep and crook. The notched corners hold the timbers securely in place, providing horizontal and vertical stability to the walls. The gable-end walls in the loft are made of shorter logs which are held in place by the purlins. As built, the roof framing system was probably heavy timber, but it has since been reconstructed with rough-sawn dimensional lumber. The voids between the logs were formerly filled with traditional chinking (daubing), a mixture of mud, wood slabs, animal hair and straw that helped make the walls "snug" (i.e.,weather-tight). When the house was restored in 2006 the old chinking was replaced with modern commercial chinking that is pliable enough to expand and contract without cracking. The existing weatherboard siding has been nailed to furring strips applied to the log walls. The walls of the log house were pierced for window and door openings when it was built; these openings may have been enlarged somewhat when the house was later retrofitted with double hung sash windows and panel doors. The original pattern of fenestration was retained, however. The Dorenkemper House Heritage Preservation Site—page 2 dimensions of the log core are 21 feet 10 inches by 25 feet 19 inches. The one-story kitchen and pantry wing represents a structural addition to the log core of the house. It is balloon-framed with dimensional pine lumber and has a modified rectangular plan, measuring 20 feet 5 inches by 18 feet 2 inches. The windows and doors on the kitchen addition match those on the core of the house. A continuous limestone rubble foundation wall originally supported both structural units and there was a small, stone-lined cellar inside the perimeter wall. When the building was moved it was placed on a modern masonry foundation faced with natural stone that provides crawlspaces under both units. The interior of the house has seen little change and retains historic integrity of materials and workmanship; all of the character-defining features have been restored to reflect an early- twentieth century vernacular aesthetic. As built, the house consisted of a single room on the ground level with an open loft above under the slope of the roof One corner was later partitioned off for use as a bathroom and the loft was divided into two sleeping chambers. The inside surfaces of the log walls would most likely have been left bare and white-washed, but the walls were later finished with lath and plaster and eventually covered with wallpaper. The lath and plaster has been removed and the walls and ceilings in the living areas are now covered with sheetrock. A section of one of the log walls was left uncovered during restoration to allow visitors a view of the hewn logs and chinking. The windows and doors provide ample day- lighting and natural cross ventilation to all of the living areas. Both the core and the kitchen wing have wide board floors supported by rough-sawn wood joists on 16 inch centers. Trapdoors provide access to the crawlspaces. The chimneys are made of local brick. The house contains approximately 900 square feet of living space on two levels. The historic site is located within the boundaries of the Riley-Jacques Farm, a registered Eden Prairie Heritage Preservation Site comprising part of Riley Lake Park. The park overlooks Riley Lake and is surrounded by suburban residential development. SIGNIFICANCE Evaluated from the perspective of the local historic context, "Agricultural Settlement (1852-1950),"the Dorenkemper House meets the Eden Prairie Heritage Preservation Site eligibility criteria on the basis of its associative and design values. The property is architecturally significant as a rare,well preserved example of traditional log construction. Furthermore, it is historically significant for its association with early Euro-American settlement and the development of agriculture in Eden Prairie. Although it has been moved from its original location, the house retains historic integrity of those features necessary to convey its significance. Dorenkemper House Heritage Preservation Site page 3 The physical history of the Dorenkemper House is not fully documented. What little we know about the property's construction and use comes from deed records, historical maps, a handful of photographs (all dating from the twentieth century) and bits of oral history passed down through the families of past owners. Originally located at 18923 Pioneer Trail, the house was built on the farm of pioneer Francis (Frank) Geisler, a Prussian emigrant who settled there in 1854. According to land records, Geisler was the original owner of this 130-acre tract,which he farmed until his death in 1871. The best evidence that the house was in fact built by Geisler is architectural: the physical characteristics of the oldest parts of the house are in all respects similar to the log houses built by the first wave of settlers who moved into the lower Minnesota River valley during the 1850s. Houses built in Eden Prairie after about 1860 were typically wood frame or brick structures—by then it was no longer necessary for local farmers to make their own construction materials because there were several sawmills close at hand and adequate transportation facilities for getting manufactured lumber to out-of-the-way building sites. In 1889 the heirs of Francis Geisler sold the farm to John Mertz, who rented out the land and house until 1907, when it was sold to Herman Dorn. In 1907, ownership passed to Dorn's daughter Elizabeth, newly married to William Richard, whose family farmed nearby. After William Richard died in 1932 the family farm passed down to his daughter Irene and her husband Alexander Leo (Alex) Dorenkemper, who were married in 1940 and moved back into the old farmhouse in 1948. Irene and Alex Dorenkemper lived there until they died(Alex on June 27, 1999, Irene on November 12, 2000). Although well known among rural residents as one of the oldest farmhouses in the neighborhood, the Dorenkemper place appears not to have attracted the attention of local preservationists until the farm was purchased by the Pemtom Land Company for development of the Settlers Ridge residential subdivision. Daniel J. Herbst, president of the Pemtom Land Company, learned of the existence of the historic log house during the project planning process. On his own initiative Herbst proposed to donate the building to the city on condition that it would be relocated to nearby Riley Lake Park and used for educational and interpretive purposes. (The Dorenkempers were granted a life estate and when Settlers Ridge was platted the historic farmstead was set aside as an out lot.) He also agreed to pay the cost of moving and restoration. The house was successfully moved to the Riley-Jacques farm site on March 13, 2002. Restoration work began in 2004 and was completed in 2006 in accordance with a site alteration permit approved by the Heritage Preservation Commission. In addition to repair and replacement of decayed logs and chinking, exterior wood siding and roofing, the restoration project included installation of half-round galvanized steel gutters and downspouts, construction of new ADA compliant entrances (including steps and ramps), installation of new historically appropriate doors and windows (including hardware, storms and screens) and installation of a new dry sink in the kitchen. Handicap accessibility was accomplished without damaging the essential character of the property. All of the interior finishes were replaced with historically appropriate new materials, including reproduction paint Dorenkemper House Heritage Preservation Site—page 4 colors and wallpapers. Historic flooring and millwork was preserved in place and rehabilitated wherever possible; missing pieces were replaced with new material that matched the old. All of the old electrical, heating and plumbing service lines were removed and new systems were installed without causing damage to historic architectural features. Architecturally, the subject property represents a variant of the traditional single-pen log house, which was the basic modular unit of frontier housing throughout the Middle West. The log houses raised by Minnesota pioneers were the result of two centuries of trial and error. The log house was introduced in North America by Scandinavian colonists in the Delaware River Valley during the seventeenth century, from whence the building form spread across the regions settled by German and Scotch-Irish immigrants in the eighteenth century. Methods of building were essentially the same throughout eastern North America; however, log construction technology was highly adaptable to regional variations in climate, vegetation and topography, which led to an infinite number of log house forms (single-pen, double-pen, dog-trot, etc.). Log houses were popular among early settlers in Minnesota because they were economical and easy to build from indigenous materials. The Dorenkemper House has been altered from its original appearance, most notably as a result of residing the house with clapboards and adding the kitchen wing, which changed the visual appearance and architectural character of the building. Nevertheless, it can be argued that the board wall cladding and the addition represent evidence of the building's history and development; and that these features have acquired historical significance (and therefore preservation value) in their own right. With respect to the clapboard siding, it should be noted that most Victorian era Americans associated log houses with primitiveness—in the older settled parts of the Old Northwest, for example, country folk dwelling in log houses after the Civil War were often ridiculed as country bumpkins. Once the farming frontier passed over Eden Prairie and the area became settled, the common response was to do away with the first-generation log buildings and replace them with"stick-built" structures as quickly as possible. Not surprisingly, the vast majority of Eden Prairie's log buildings were torn down or burned before the end of the nineteenth century. However, for some farm families it was expedient to disguise them as frame houses by covering the outside walls with board siding. The identity of the owner who first sided over the log walls of the Dorenkemper House with clapboards is not known but it may have been Geisler himself; pictorial evidence indicates the siding was applied during the late nineteenth century, and according to Virginia Dorenkemper, when a tornado destroyed the farm barn in 1925, William Richards used part of the insurance payoff to replace the old wood siding on the house. The distinguishing original qualities of the house, the hewn log walls, were not destroyed when the siding was installed and the logs themselves have been treated with sensitivity as part of the overall preservation program. The kitchen addition, which also most likely dates from the late nineteenth century(it appears in old Dorenkemper family photographs and is documented in aerial surveys flown since 1938), is also regarded as an integral component Dorenkemper House Heritage Preservation Site—page 5 of the historic site, a feature that is a product of its own time and architecturally compatible with the rest of the house. The replacement wood lap siding visually matches the material that was applied in 1925. Ordinarily, structures that have been moved from their original locations are not considered eligible for Heritage Preservation Site designation because historical significance is considered to be embodied in locations and settings as well as in the structures themselves. Moving a building usually compromises its historic integrity by destroying the relationships between the historic property and its surroundings. However, in this case the heritage resource is significant primarily for its architectural value, which is not directly dependent on its geographical location; therefore, the Dorenkemper House is considered eligible for designation as a Heritage Preservation Site. (If it were being nominated to the National Register of Historic Places, it would be eligible under Criteria Consideration B: Moved Properties.) The site boundaries are sufficient in size to provide an appropriate setting for the relocated building and its proximity to the primary historic preservation resources at the Riley-Jacques farmstead(the house and barn) does not constitute an attempt to create an artificial grouping of historic buildings. SOURCES OF INFORMATION Anderson, Helen H. Eden Prairie: The First 100 Years. Eden Prairie Historical Society and Cultural Commission, 1979. Aerial surveys of Hennepin County. Unpublished air photos flown in 1938, 1940, and 1960. Borchert Map Library, University of Minnesota, Minneapolis. Dahl, P. M.Plat Book of Hennepin County, Minnesota. Minneapolis: Northwest Map Publishing Co., 1898. Deed records.Hennepin County Government Center, Minneapolis. Map of Ramsey and Hennepin Counties. Minneapolis: C. M. Foote & Co., 1890. Schweigert, Kurt P. Contexts in the Prehistory and History of Eden Prairie, Minnesota. Eden Prairie Heritage Preservation Commission, 1992. Westby, P. O. Atlas of Hennepin County, Minnesota. Minneapolis: Hennepin Atlas and Publishing Co., 1913. Dorenkemper House Heritage Preservation Site page 6 ATTACHMENTS 1) Map showing the location and boundaries of the Dorenkemper House Heritage Preservation Site 2) Exterior views showing current conditions at the Dorenkemper House (5) 3) Interior views showing current conditions at the Dorenkemper House (4) 4) Historic image of the Dorenkemper farmstead 5) Views of restoration in progress 2006 (3) Dorenkemper House Heritage Preservation Site page 7 +s ,} ,may y • .�%`r �', 41 RILEY LA ,q, r, - • >>` Granary Domkemper House d . Garage • i Riley-Jacques House 1511111 Riley-J Farmstead Edenacques Prairie, MN Parcels EDEN nHeritage Preservation Site Boundary PRAIRIE 1 inch=125 feet Attachment 1. Location map. Dorenkemper House Heritage Preservation Site page 8 Attachment 2. Overview of historic site. Dorenkemper House Heritage Preservation Site page 9 • � •r I _ Ps —• .1'Tea ,' _i• is .. Attachment 3. Exterior view, looking northwest. Dorenkemper House Heritage Preservation Site page 10 .s �• r y '�q h r ` r1 �: - . _... y II IV'.3:--' --- -- - .-:--7_-7 -7 .y 4� 1 I - - - -- ' P- -- Attachment 4. Exterior view, looking east. Dorenkemper House Heritage Preservation Site—page 11 .' v ` `r.. ;t a 4 - - ' "r. - _ i‘r k.a. :. k; Attachment 5. Exterior view, looking northwest. Dorenkemper House Heritage Preservation Site page 12 F 11 a 6 11 _ _ --w—_- _,-- -•=2-7- -‘..7-_=,_.____=-- Attachment 6. Exterior view, looking northeast. Dorenkemper House Heritage Preservation Site page 13 • O. I ,.?...AA 1 - J L e �. a. olio la :a:V.!! 1 _.-- . 4 1 iji •. via -; i - - As .-.-4 '-- .46F.'s.-.-11 _ . . ilk, .....,.•. . - ,.., ....___„ 1...... ., . . • .4:.., ,1 , : • ;4. --7-.-l-_ :.,;`:;-''-tt:i.'.:.:_ '.7.--4 i-3!'?!..2-66 • --- la Attachment 7. Interior view. Dorenkemper House Heritage Preservation Site page 14 . . TT- ,,fr - III Ito - 4 ti ...... , .....- „..-1.- iiii ,„„„„„iiimft-vs-$1,e, .„„, (IP' "MN * 4 . it . gia- 41. Attachment 8.Interior view. Dorenkemper House Heritage Preservation Site page 15 • • :I.l S ' : Attachment 9. Interior view. Dorenkemper House Heritage Preservation Site page 16 "i til il 4141 dr it ' . 1 `. r � mow__= r- --- - --- - -..ir �. . . . n.„.._. . • -----, t „. Attachment 10.Interior view. Dorenkemper House Heritage Preservation Site page 1 7 • -, • g" � , :?°off , .--,.,:egt" „. '-.,NI - I, 1, ' ' ,`-q t� tt�5( n�'`� � ft t 4, • f. ® tom, . i q0 :..y : - **--„,...,6,,,,.4,,,,oz,/ ed,„.7* .?,,.,,<, e.,7„ , .;/,,,,,,/,4 7 g b ,tee 3 P`" s,may, d`„'y r,' ,f - , F'® .x£r ,,aE ..4,,,,,<:.,'-•,y0,o'-x;,„:10,,,,,,,„i,4,i;,,--A,4;,e,„4fr.,,A"0,0fr,.4gr',y,,.,.fif,",7. ,g✓A F s" 2 '4� x� e e V,,,461740%;, ;W.6g:OWA7rt,V040P"n � ,£,&ice/�, 155/ f' -. ) tVFW., Yd k / r�r 1 oyC, i g. s �ivi� a �.-, 5 Attachment 1 1.Historic photograph of Dorenkemper farmstead (Eden Prairie Historical Society.) Dorenkemper House Heritage Preservation Site page 18 F , , , , ., ,i . •.,.. . . ,,, : „ ., _ .., .. ..._, , , .. . . ,.. , .0 , .. ., . , , „.,_,.,_,:. „.,:,-,- , ,3,,,,‘„ fir , _____., _= . . . .,-',e .11111 -1r + i 1 - _ _ .5 L ti k Attachment 12. View of restoration in progress (2006). Dorenkemper House Heritage Preservation Site page 19 /:.- ' C 1 -411''\'' ....11-a"...N. _— _il►' .ink . _ J,/yy�//jj/; ,,, . it 1 mg . ,., . ,. 4:• I,., , -IF. ---7 . , ._ _ -4i . . h no . N ,f _ j • • . • y •.'• i L r T '! - '4411;''Aliai \, Attachment 13. View of restoration in progress. Dorenkemper House Heritage Preservation Site—page 20 A* i 4 , , _ , _ :4061.6.16„ .._ ktai , _ _ ___ 4,10- . , .-L --kr_- f , j y ilk _ � S +' 1 - . eilir.— .. Attachment 14. View of log walls during restoration(2006). Dorenkemper House Heritage Preservation Site page 21 CITY COUNCIL AGENDA DATE: November 17, 2015 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Code Amendment of the Subdivision Development/Planning Regulations Julie Klima/Janet Jeremiah Requested Action Move to: • Close the Public Hearing; and • Approve first reading of the Ordinance amending Chapter 12 to amend the Subdivision Regulations. Synopsis The Subdivision Regulations, in its current form, do not adequately address the combination of properties into a single parcel. Staff has worked with the City Attorney to draft language that provides additional clarity regarding the combination of properties. Additionally, the proposed code changes address the administrative approval criteria and process, as well as, the minor subdivision criteria and process. The language allows for administrative approval of subdivisions that result in no more than 2 parcels or combinations that result in no more than one parcel subject to certain criteria. The language also allows for an abbreviated process (the minor subdivision) through the City Council when the subdivision is of small size and is of minor significance. Other housekeeping changes reflecting current practices and correcting grammatical or typographical errors are also proposed as a part of the update. Planning Commission Recommendation The Planning Commission voted 4-0 to recommend approval of the code amendment at the October 26, 2015, meeting. Attachments • Ordinance • Redlined copy of the Subdivision Regulations • Staff Report dated October 23, 2015 • Planning Commission Minutes dated October 26, 2015 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 12 RELATING TO SUBDIVISION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 12.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 12 is amended by deleting Section 12.02 in its entirety and replacing it with the following: SECTION 12.02. SUBDIVISION/COMBINATION APPROVAL REQUIRED. No land shall be subdivided or combined without complying with the provisions of this Chapter. Subd. 1. Administrative Approval. The City Manager or his designee may authorize a subdivision or combination upon finding (1) for a subdivision, the division will not result in more than two parcels; for a combination, the combination will not result in more than one parcel; (2) the subdivision or combination will not cause any structure to be in violation of the Zoning Chapter or any other provision of the City Code; (3) the resulting parcel(s) generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas; (4) the owners of land contiguous to the parcel(s) being divided or combined file no written objections within ten days following written notification to them or otherwise indicate in writing that they have no objections; and (5) no public improvements or dedications of right of way are required. A. Application. Any person having a legal or equitable interest in a property may file an application for administrative subdivision or combination. An application shall be filed with the Engineering Division on an approved form and shall be accompanied by an accurate boundary survey and legal description of the existing parcel(s) and a survey and legal description identifying the resulting parcel(s) after subdivision or combination. B. Review. The City Manager or his designee shall review all applications for administrative subdivision or combination to determine compliance with the standards identified in this Section and all other pertinent requirements of this Chapter. C. Approval or Denial. The City Manager or his designee shall approve or deny the request in writing. Upon written approval of the request, the applicant shall be responsible for filing the subdivision or combination survey with the County Recorder's or Registrar of Title's office as applicable. If the request is denied, the City Manager or his designee shall provide to the applicant a written statement of denial stating the reasons for the denial. D. Conditions. The City may impose conditions on any proposed administrative subdivision or combination that are deemed reasonable and necessary to protect the public interest and to ensure compliance with the provisions of this Chapter including, but not limited to, the following: (1) Provision of wetland buffers, trail, sidewalk, conservation, and utility and drainage easements and responsibility for the cost of filing and recording written easements with the County Recorder's or Registrar of Title's office as applicable; (2) Vacation of easements no longer required as determined by the City Engineer; and (3) Payment of parkland dedication fees for each lot created, except when the fees have been previously paid for the lot created by the subdivision under the Section. E. Filing. If the administrative subdivision or combination is not recorded with the County Recorder or Registrar of Titles within ninety (90) days after the date of approval, the City Manager may, upon ten days written notice to the applicant, revoke the approval in writing. F. Council Action. If a proposed subdivision or combination is not approved under this subdivision the applicant may apply for approval by the Council as hereinafter provided. Subd. 2. Minor Subdivisions. In the case of a subdivision of small size and of minor importance situated in a locality where conditions are well defined, as determined by the City Planner, the Council may process the approval as follows: A. Application. Any person having a legal or equitable interest in a property may file an application for a minor subdivision. An application shall be filed with the City Planner on an approved form and shall be accompanied by a plat made in accordance with Minnesota Statutes, 1990, Chapter 505. B. Review. The City Planner shall review all applications for minor subdivision to determine compliance with the standards identified in this Section and all other pertinent requirements of this Chapter and shall make a recommendation to the Council for approval or denial of the minor subdivision. C. Approval or Denial. The City Council shall consider the request for a minor subdivision. Council approval shall be in the form of a resolution. Upon written adoption of a resolution of approval, the applicant shall be responsible for filing the plat with the County Recorder's or Registrar of Title's office, as applicable. If the request is denied, the City Manager or his designee shall provide to the applicant a written statement of denial stating the reasons for the denial. D. Conditions. The City may impose conditions on any proposed minor subdivision that are deemed reasonable and necessary to protect the public interest and to ensure compliance with the provisions of this chapter including, but not limited to, the following: (1) Provision of wetland buffers, trail, sidewalk, conservation, and utility and drainage easements and responsibility for the cost of filing and recording written easements with the County Recorder's or Registrar of Title's office as applicable; (2) Vacation of easements no longer required as determined by the City Engineer; and (3) Payment of parkland dedication fees for each lot created, except when the fees have been previously paid for the lot created by the subdivision under the Section. (4) Dedication of right-of-way or easements for public utilities. F. Filing. If the minor subdivision is not recorded with the County Recorder or Registrar of Titles within ninety (90) days after the date of approval, the City Council may, upon ten days written notice to the subdivider, consider a resolution revoking the approval. E. If a minor subdivision is not approved under this subdivision, the applicant may apply for approval by the Council as hereinafter provided. Section 2. City Code Chapter 12, Section 12.03 is amended by inserting a new Subd. 1 to read as follows: "`Applicant' - Any person making an application for subdivision or combination under this Chapter."Existing Subdivisions 1 through 16 are hereby renumbered 2 through 17. Section 3. City Code Chapter 12, existing Section 12.03, Subd. 7, titled "Lot-Double Frontage" is amended by deleting the definition and replacing it with the following: "A lot on which both opposite ends or both adjoining sides abut on streets." Section 4. City Code Chapter 12, existing Section 12.03, Subd. 8 titled "Minimum Subdivision Design Standards"is amended by deleting the word"Minimum" from the title. Section 5. City Code Chapter 12, existing Section 12.03, Subd. 14, titled "Setback" is amended by deleting the definition and replacing it with the following: "The minimum horizontal distance between building walls and the street right-of-way, building walls and the side lot line, and building walls and the rear lot line." Section 6. City Code Chapter 12, Section 12.04, Subd. 4 is amended by deleting the number "forty-five (45)" in the first line and replacing it with the number"sixty(60)" Section 7. City Code Chapter 12, Section 12.05 is amended by revising the first sentence by deleting "1" to 100"' and replacing it with 1" = 50'." Section 8. City Code Chapter 12, Section 12.05, Subd 2. G is amended by deleting the word "marshes" and replacing it with the word"wetlands". Section 9. City Code Chapter 12, Section 12.05, Subd 3 A. is amended by adding after the phrase "right-of-way widths"the phrase ",proposed street widths". Section 10. City Code Chapter 12, Section 12.05, Subd 3 B. is amended in its entirety to read "Location and width of existing or proposed trails, fire lanes, pedestrian ways and utility easements." Section 11. City Code Chapter 12, Section 12.05, Subd 3 C. is amended by adding after the word "street"the words "and right-of-way". Section 12. City Code Chapter 12, Section 12.20. Subd 2. B. is amended by adding at the end of the first sentence the following sentence: "Approval of the final plat includes approval of changes to easements dedicated on the plat in order to conform the final plat to the final construction plans approved by the City Engineer." Section 13. City Code Chapter 12, Section 12.20. Subd 5. is amended by adding after the phrase "engineering review" the following phrase: ", final plan review, contract administration and inspection review,". Section 14. City Code Chapter 12, Section 12.30. titled "Minimum Subdivision Design Standards" is amended by deleting the word "Minimum" from the title; and Section 12.30, Subd 3. A. is amended by deleting the table and replacing it with the following: Average Daily Design Speed Right-of-Way Roadway Width Road Type Traffic(Vehicles) (MPH) (Feet) Back-Back(Feet) Residential 500 30 50 28 Minor(1) Residential 3,000 35 60 32 Collector Industrial 35 70 38 M.S.A. 10,000 30-40 80-120 Various(2) (1) Maximum length of cul-de-sac is 500 feet, Right-of-way radius 50 feet, Roadway radius 39 feet to back curb. (2) Width subject to MSA standards in the MnDOT State Aid Manual. Section 15. City Code Chapter 12, Section 12.30, Subd. 4 is amended by deleting in the last sentence thereof the phrase "fifteen(15) feet" and replacing it with "one hundred(100) feet". Section 16. City Code Chapter 12, Section 12.30, Subd. 10 is amended by adding a paragraph C as follows: C. If City infrastructure is required to be installed within the platted property, then additional easements shall be provided in such locations as specified by the City. Each easement shall be in such width as specified by the City to adequately accommodate the infrastructure but in no event less than twenty(20) feet wide. Section 17. City Code Chapter 12, Section 12.50, Subd. 1 is amended by deleting in the fifth sentence the word"with" and inserting in its place the word"within". Section 18. City Code Chapter 12, Section 12.60 is amended by deleting Subdivision 2, entitled Minor Subdivisions. Existing Subdivision 3 is hereby renumbered Subdivision 2. Section 19. City Code Chapter 12, Section 12.61 is amended by inserting the phrase "any platted outlot, or on" after the word"on". Section 20. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 12.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 21. 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 . CHAPTER 12 SUBDIVISION REGULATIONS(PLATTING) SECTION 12.01. PURPOSE. This Chapter is adopted for the purpose of: (1)establishing standard procedures,requirements and conditions for the subdividing of land;(2)securing satisfactory conformity of such subdivision to City plans,City Code provisions and regulations,adopted or under preparation;(3)authorizing the Planning Commission to act under this Chapter as advisory to the Council;and(4)assuring that new subdivisions will contribute toward an attractive,orderly,stable,safe and wholesome community. No4and-shall-be—subdivided-without-complyinvisions-of this-Chapter Subd. 1. Administrative Approval. The City Manager or his designated representative may authorize subdivision upon finding(1)the division will not result in more than two parcels;(2)if a lot which is part of a plat recorded in the office of the County Recorder of Hennepin County is proposed to be divided,such subdivision will not cause any structure on the lot to be in violation of the Zoning Chapter or any other provision of the City Code;(3)the resulting parcels generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas;and, (.1)the owners of land,contiguous to the parcel being divided,file no written objections within ten days following written notification to them or otherwise indicate in writing that they have no objections. Subd. 2. Council Action. If the proposed subdivision is not authorized under Subdivision 1 of this Section,the -subdivider may proceed to obtain approval by the Council as hereinafter provided. All subdivisions created by Council action shall be effected by a plat made in accordance with Minnesota Statutes,1990,Chapter 505. SECTION 12.02.SUBDIVISION/COMBINATION APPROVAL REQUIRED. No land shall be subdivided or combined without complying with the provisions of this Chapter. Subd. 1. Administrative Approval. The City Manager or his designee may authorize a subdivision or combination upon finding(1)for a subdivision,the division will not result in more than two parcels;for a combination,the combination will not result in more than one parcel;(2)the subdivision or combination will not cause any structure to be in violation of the Zoning Chapter or any other provision of the City Code; (3) the resulting parcel(s) generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas; (4) the owners of land contiguous to the parcel(s) being divided or combined file no written objections within ten days following written notification to them or otherwise indicate in writing that they have no objections;and(5)no public improvements or dedications of right of way are required. A. Application.Any person having a legal or equitable interest in a property may file an application for administrative subdivision or combination. An application shall be filed with the Engineering Division on an approved form and shall be accompanied by an accurate boundary survey and legal description of the existing parcel(s)and a survey and legal description identifying the resulting parcel(s)after subdivision or combination. B. Review. The City Manager or his designee shall review all applications for administrative subdivision or combination to determine compliance with the 12-1 standards identified in this Section and all other pertinent requirements of this Chapter. C. Approval or Denial. The City Manager or his designee shall approve or deny the request in writing. Upon written approval of the request, the applicant shall be responsible for filing the subdivision or combination survey with the County Recorder's or Registrar of Title's office as applicable. If the request is denied,the City Manager or his designee shall provide to the applicant a written statement of denial stating the reasons for the denial. D. Conditions. The City may impose conditions on any proposed administrative subdivision or combination that are deemed reasonable and necessary to protect the public interest and to ensure compliance with the provisions of this Chapter including,but not limited to,the following: (1) Provision of wetland buffers, trail, sidewalk, conservation, and utility and drainage easements and responsibility for the cost of filing and recording written easements with the County Recorder's or Registrar of Title's office as applicable; (2) Vacation of easements no longer required as determined by the City Engineer;and (3) Payment of parkland dedication fees for each lot created, except when the fees have been previously paid for the lot created by the subdivision under the Section. E. Filing. If the administrative subdivision or combination is not recorded with the County Recorder or Registrar of Titles within ninety (90) days after the date of approval, the City Manager may, upon ten days written notice to the applicant, revoke the approval in writing. F. Council Action.If a proposed subdivision or combination is not approved under this subdivision the applicant may apply for approval by the Council as hereinafter provided. Subd. 2. Minor Subdivisions. In the case of a subdivision of small size and of minor importance situated in a locality where conditions are well defined,as determined by the City Planner,the Council may process the approval as follows: A. Application.Any person having a legal or equitable interest in a property may file an application for a minor subdivision. An application shall be filed with the City Planner on an approved form and shall be accompanied by a plat made in accordance with Minnesota Statutes, 1990,Chapter 505. B. Review. The City Planner shall review all applications for minor subdivision to determine compliance with the standards identified in this Section and all other pertinent requirements of this Chapter and shall make a recommendation to the Council for approval or denial of the minor subdivision. C. Approval or Denial. The City Council shall consider the request for a minor subdivision. Council approval shall be in the form of a resolution. Upon written adoption of a resolution of approval,the applicant shall be responsible for filing the plat with the County Recorder's or Registrar of Title's office, as applicable. If the 12-2 request is denied,the City Manager or his designee shall provide to the applicant a written statement of denial stating the reasons for the denial. D. Conditions. The City may impose conditions on any proposed minor subdivision that are deemed reasonable and necessary to protect the public interest and to ensure compliance with the provisions of this chapter including, but not limited to, the following: (1) Provision of wetland buffers, trail, sidewalk, conservation, and utility and drainage easements and responsibility for the cost of filing and recording written easements with the County Recorder's or Registrar of Title's office as applicable; (2) Vacation of easements no longer required as determined by the City Engineer;and (3) Payment of parkland dedication fees for each lot created, except when the fees have been previously paid for the lot created by the subdivision under the Section. (4) Dedication of right-of-way or easements for public utilities. F. Filing. If the minor subdivision is not recorded with the County Recorder or Registrar of Titles within ninety(90)days after the date of approval,the City Council may,upon ten days written notice to the subdivider,consider a resolution revoking the approval. E. If a minor subdivision is not approved under this subdivision, the applicant may apply for approval by the Council as hereinafter provided. SECTION 12.03. DEFINITIONS. For the purpose of this Chapter,the following terms,phrases,words and their derivations shall have the meanings given in this Section. Subd.1.Applicant—Any person making an application for subdivision or combination under this Chapter. Subd. 1. "Boulevard"-The portion of the street right-of-way between the curb line or surfaced roadway and the Comment Ljkl]:Renumber existing subdiviisons property line. 1 through 16 to 2 through 17. Subd. 2. "Butt Lot"-A lot at the end of a block and located between two corner lots. Subd. 3. "Block"-An area of land within a subdivision that is entirely bounded by streets,or by streets and the exterior boundary or boundaries of the subdivision,or a combination of the above with a river or lake or outlot. Subd. 4. "Easement"-A grant by an owner of land for the specific use of said land by the public generally or to a person or persons. Subd. 5. "Final Plat"-The final map,drawing or chart or survey on which the subdivider's plan of subdivision is presented to the Council for final approval. Subd. 6. "Lot"-A parcel or portion of land in a subdivision separated from other parcels or portions by a description. Subd. 7. "Lot-Double Frontage" -A lot on which opposite ends both abut on street',A lot on which both 12-3 opposite ends or both adjoining sides abut on streets.. I Subd. 8. "Minimum Subdivision Design Standards"-The guides,principles and specifications for the preparation of subdivision plans indicating among other things the minimum and maximum dimensions of the various elements set forth in the preliminary plan. Subd. 9. "Owner" -Any person having a sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations. Subd. 10. "Pedestrian Way" - The right-of-way across or within a block for use by pedestrian traffic whether designated as a pedestrian way,cross-walk,or however other designated. Subd.11. "Preliminary Approval"-Official action taken by the Council on an application to create a subdivision which establishes the rights and obligations set forth in Minnesota Statutes, 1990,Section 462.358 and this chapter. Unless otherwise specified in this chapter,preliminary approval may be granted only following the review and approval of a preliminary plat or other map or drawing establishing without limitation the number,layout,and location of lots, tracts,blocks,and parcels to be created,location of streets,roads,utilities and facilities,park and drainage facilities,and lands to be dedicated for public use. Subd.12. "Protective Covenants"-Contracts entered into between private parties which constitute a restriction on the use of all private property within the platted area and which provide mutual protection against undesirable aspect of development which would tend to impair stability of values. The City does not provide for enforcement of such protective covenants. Subd.13. "Right-of-Way"-The width between property lines of a road,street,pedestrian way or easement. Subd.14. "Setback"- lot lines. The minimum horizontal distance between building walls and the street right-of-way,building walls and the side lot line,and building walls and the rear lot line. Subd.15. "Street"-A public thoroughfare for vehicular and pedestrian traffic. Subd.16. "Subdivider"-Any person commencing proceedings under these regulations to effect a subdivision of land hereunder for himself or for another. Source: City Code Effective Date: 9-17-82 Subd.17. "Subdivision"-The separation of an area,parcel,or tract of land under single ownership into two or more parcels,tracts,lots,or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets,roads or alleys,for residential,commercial,industrial,or other use or any combination thereof.As used in this section the term"subdivision"does not include separations(1)creating cemetery lots or(2)resulting from court orders or the adjustment of a lot line by the relocation of a common boundary. The term includes resubdivision and when appropriate to the context shall relate to the process of subdividing or to the land subdivided. Source: Ordinance No.3-88 Effective Date: 2-18-88 Subd.18. "Comprehensive Guide Plan"-(City Guide Plan)indicates the general locations recommended for various functions,classes of land use,places and structures and for the general physical development of the City and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof. 12-4 Subd.19. "Planned Unit Development"-(P.U.D.)as described in Chapter 11. Subd.20. Repealed. Source: Ordinance No.14-2000 Effective Date: 4-27-00 SECTION 12.04. PRELIMINARY APPROVAL PROCEDURE. Before subdividing any tract of land,the subdivider shall submit an application for,which shall include a preliminary plat of,the subdivision in the following manner: Subd. 1. Review. The application shall be submitted to the City Planner who shall review it to ascertain if it complies with the regulations as herein set forth. If the City Planner finds the application to be in conformance with the regulations,the application shall be referred to the Planning Commission. Subd. 2. Filing. Copies of the application shall be filed with the City Planner. The required filing fee shall be paid and any necessary requests for variances from the provisions of this Chapter shall be filed before the application shall be considered officially filed. Subd. 3. Filing Fee. The fee to be paid for filing an application shall be determined by resolution of the Council. Subd. 4. Hearing. Within forty five(15)sixty(60)days from the date of filing of the application,the City Planner shall set a public hearing for the next regular meeting of the Planning Commission,at which all interested persons shall be given an opportunity to be heard. The Planning Commission shall conduct the hearing and report upon findings and make recommendations to the Council. Notice of said hearing shall be published in the official newspaper at least ten (10)days prior to the hearing and mailed to owners whose properties lie within three hundred fifty(350)feet of the subject property. Subd. 5. Council Action. A. The Council shall preliminarily approve or disapprove a subdivision application within one hundred twenty (120)days following delivery of an application completed in compliance with this Chapter by the applicant to the City unless an extension of the review period has been agreed to by the applicant. B. If preliminary approval is not given by the Council,the reasons for such action shall be recorded in the proceedings of the Council. If preliminary approval is given,such approval shall not constitute final acceptance of the subdivision but the general acceptance of the layout. Subsequent approval will be required of the engineering proposals and other features. The Council may require such revisions in the application, preliminary plat,and final plat as it deems necessary for the health,safety,general welfare and convenience of the City. Source: City Code Effective Date: 9-17-82 C. No plan will be approved for a subdivision(1)which covers an area subject to soil erosion or periodic flooding or which has poor drainage unless the subdivider agrees to make improvements which will,in the opinion of the City Engineer,make the area safe for occupancy and provide adequate street and lot drainage;(2)unless there has been compliance with Section 11.55 of the Code;or(3)if the Council makes any of the following findings: 1. That the proposed subdivision is in conflict with applicable general and specific plans,including but not limited to the City's Comprehensive Guide Plan and zoning regulations. 2. That the design or improvement of the proposed subdivision is in conflict with applicable development plans. 12-5 3. That the physical characteristics of the site, including but not limited to topography,vegetation, susceptibility to erosion and siltation,susceptibility to flooding,water storage,and retention,are such that the site is not suitable for the type of development or use contemplated. 4. That the site is not physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage. 6. That the design of the subdivision or the type of improvements will be detrimental to the health,safety, or general welfare of the public. 7. That the design of the subdivision or the type of improvements will conflict with easements on record or to easements established by judgment of a court. Source: Ordinance No.17-90 Effective Date: 5-18-90 Subd.6.Validity of Approval. An approved preliminary plat shall be valid for a period not to exceed two(2)years from the date of approval by the City Council. In the event that a final plat or plats are not approved within that time for all of the property included in the preliminary plat,the preliminary plat shall be void as to those portions not part of an approved final plat,unless,prior to the expiration,an extension is requested in writing by the owner or subdivider and for good cause granted by the City Council. Source: Ordinance No.13-2014 Effective Date: 5-15-2014 SECTION 12.05. DATA FOR PRELIMINARY PLAT. The preliminary plat shall be clearly and legibly drawn at a scale approved by the City Planner but not less than 1"—100' 1"=50'. The preliminary plat of the proposed subdivision shall contain or have attached thereto the following information: Subd. 1. Identification and Description. A. Proposed name of subdivision,which name shall not duplicate or be alike in pronunciation of the name of any plat theretofore recorded in the County. B. Legal description of the property according to the records in the office of the County Recorder. C. Name and addresses of the owner,owner's agent,subdivider,surveyor and designer of the plat. D. Graphic scale,north point and date of preparation. Subd. 2. Existing Conditions. A. Boundary line survey of proposed subdivision clearly indicated. B. Existing zoning classifications. C. Total acreage. D. Show the location,widths,and names of proposed streets or other public ways,parks and other public lands, easements,and section and corporate lines within the preliminary plat and to a distance one hundred(100)feet beyond the boundary line. 12-6 E. Location and site both public and private of existing sewers,water mains,culverts or other underground facilities within the preliminary plat area and to a distance of one hundred(100)feet beyond. Such data as grades,invert elevations,and locations of catch basins,manholes,and hydrants shall also be shown. F. Boundary lines of adjoining unsubdivided or subdivided land within one hundred(100)feet. G. Topographic data, including contours at vertical intervals of not more than two (2) feet. Water courses, marsheawetlands,wooded areas, rock outcrops,power transmission poles and lines, and other significant features shall also be shown,including slopes in excess of 10%and erodible soil conditions. H. Copy of all proposed private covenants. I. Soil borings and percolation tests may be required by the City Engineer. Subd. 3. Subdivision Design Features. A. Layout of proposed streets, including proposed roads according to City thoroughfare plans showing right-of-way widthswroposed street widths and proposed names of streets. The name of any street thoroughfare used in the City or its environs shall not be used unless the proposed street is an extension of an already named street. B. Location and width of existing or proposed trails,fire lanes,pedestrian ways and utility easements.. C. Typical cross-sections of proposed improvements upon streets and right-of-way,together with an indication as to the method of disposing of the proposed storm water runoff. Schematic storm sewer,sanitary sewer,and water layouts,illustrating invert and top of cover elevations,proposed gradients,direction of flow,and drainage areas. Center line gradient of proposed streets. D. Layout,numbers and preliminary dimensions of lots and blocks,and building setback lines. E. Areas,other than streets,pedestrian ways and utility easements,intended to be dedicated or reserved for public use,including the size of such area or areas in acres. F. Whenever a lot proposed for subdivision is intended for future subdivision,a tentative plan for the future subdivision of the entire tract shall be submitted to the Planning Commission. Subd. 4. Other Information. A. Statement of the proposed use of lots stating type of building with number of proposed dwelling units;type of business or industry so as to reveal the effect of the development on traffic,fire hazards or congestion of population. B. Source of water supply. C. Provisions for sewage disposal,drainage and flood control. D. Proposed protective covenants or deed restrictions. E. Location of proposed street lights,and easements,and the utilities of electricity,gas,telephone and Cable T.V. All such utilities are to be underground. 12-7 F. A general landscaping plan showing plantings,berms,fences,lighting,parking layout,sidewalks and trails. Source: City Code Effective Date: 9-17-82 (Sections 12.06 through 12.19,inclusive,reserved for future expansion.) SECTION 12.20. PROCEDURE FOR FINAL APPROVAL. Approval by the Council of the final plat shall be subject to and conditioned upon the prior performance(except where such performance may be subsequent to such approval or specifically provided hereinafter)by the subdivider or owner of all conditions imposed in connection with the preliminary approval,the following provisions and requirements,and all applicable rules and regulations of other governmental units having jurisdiction. Subd. 1. Data for Final Plat. A. General. A final plat in recordable form shall be prepared by a qualified person who is registered as a land surveyor in the State of Minnesota and shall conform to all State and County requirements and the requirements of this Chapter. B. Information to be shown. I. Accurate angular and lineal dimensions for all lines, angles, and curvatures used to describe boundaries,streets,easements,areas to be reserved for public use,and other important features. All dimensions including lot lines shall be shown in feet and hundredths of feet. 2. An identification system for all lots and blocks. 3. True angles and distances to the nearest established official monuments(not less than three)which shall be accurately described in the plat. 4. Municipal or section lines accurately tied to the lines of the subdivision by distances and angles. 5. Name and right-of-way width of each street or other rights-of-way. 6. Accurate outlines and legal description of any areas to be dedicated or reserved for public use or for the exclusive use of property owners within the subdivision with the purposes indicated therein. 7. Certification by a registered surveyor. 8. Execution of all owners of any interest in the land and any holders of a mortgage thereon of the certificate required by Minnesota Statutes,and which certificate shall include a dedication of the utility easements and any other public areas in such form as shall be approved by the City Attorney. 9. Form of approval of Council as follows: Approved by the City Council of the City of Eden Prairie,Hennepin County,Minnesota,this day of ,20 Mayor 12-8 City Manager 10. Form for approval by County authorities as required. Subd. 2. Filing. A. The owner or subdivider shall file eighteen(18)copies of a final plat covering all or a portion of the preliminary plat. The owner or subdivider shall also submit to the City Engineer at the same time an up-to-date certified abstract of title or registered property report and such other evidence as the City Attorney may require showing title or control in the applicant. Source: Ordinance No.13-2014 Effective Date: 5-15-2014 B. The final plat shall incorporate all changes or modifications required by the Council;in all other respects it shall conform to the preliminary plat. Approval of the final plat includes approval of changes to easements dedicated on the plat in order to conform the final plat to the final construction plans approved by the City Engineer.It may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at that time provided that such portion conforms with all the requirements of these regulations. Subd. 3. Subsequent to approval by the Council and before execution by the City of the final plat(if the final plat is in such form as to require execution by the City)and delivery thereof or delivery of a certified copy of any resolution of the Council approving a final plat,the subdivider shall,if he has not previously done so,submit to the City Engineer two(2) copies of a development plan(1" = 100' scale) showing existing and proposed contours,proposed streets and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main and storm sewer, 100-year flood plain contours,ponding areas,tributary areas to catch basins,arrows showing direction of storm water flow on all lots,location of walks,trails and any property to be deeded to the City and containing such other information and in such form as shall be required by the City Engineer. Subd.4.Release and Recording. The City shall not release the final plat until all of the following have been completed: A. The plat has been executed by all required parties; B. The developer's agreement has been executed by all required parties; C. The submission of necessary financial guarantees and development fees to the City; D. The submission to the City one full-size Mylar reproducible,one paper print and one copy of the final plat in digital(AutoCAD)format compatible with the county coordinate system;and E. The submission in recordable form of all required easements and deeds as required by the City for trails, ponding,parks,utilities or similar purposes in a form approved by the City Attorney. Upon release of the final plat,the subdivider shall record it with the County Recorder or Registrar of Titles as provided by law,along with any other documents required by the City to be recorded with the Plat. If the plat is not recorded within 90 days after the date of approval,the City Council may,upon ten days written notice to the subdivider,consider a resolution revoking the approval. Source: Ordinance No.13-2014 Effective Date: 5-15-2014 Subd. 5. Subsequent to approval by the Council and before execution by the City of the final plat(if the final plat is in such form as to require execution by the City)and delivery thereof or delivery of a certified copy of any resolution of the 12-9 Council approving a final plat,the subdivider shall,if he has not previously done so,pay to the City fees for first three(3) years' street lighting (public streets), engineering review-, final plan review, contract administration and inspection review,and street signs. Source: Ordinance No.73-84 Effective Date: 4-5-84 Subd. 6. See Section 12.50 for additional requirements subsequent to approval by the Council and before execution by the City of the final plat or other appropriate forms of City approval. Source: City Code Effective Date: 9-17-82 (Sections 12.21 through 12.29,inclusive,reserved for future expansion.) I SECTION 12.30. MINIMUM SUBDIVISION DESIGN STANDARDS. Subd. 1. The proposed subdivision shall conform to the City Plan. Source: City Code Effective Date: 9-17-82 Subd. 2. The arrangements of all streets shall conform to the City Plan and provide a continuation of existing and planned streets within and outside of the proposed subdivision,provide for a reasonable circulation of traffic and shall be appropriately located in relation to topography,run-off of storm water and to proposed uses of the land to be served. Where adjoining areas are not subdivided,the arrangement of streets shall make provision for the proper projection of streets into adjoining areas. Source: Ordinance No.73-84 Effective Date: 4-5-84 Subd. 3. Streets. A. Street widths and pavement widths shall conform to the following table of minimum dimensions: Average Daily Design Speed Right-of-Way Roadway Width Road Type Traffic(Vehicles) (MPH) (Feet) Back-Back(Feet) Residential 500 30 50 28 Minor(1) Residential 3 000 35 60 32 Collector Industrial 35 70 38 M.S.A. 10,000 30-40 80-120 Various(2) I _ Average Daily Design Speed Right of Way Roadway Width Road Type Traffic(Vehicles) (MPH) (Feet) Back Back(Feet) Residential 500 30 30 2-8 Minor(1) 12-10 Residential 3,000 34 60 3-2 Collector Industrial(1) 34 7-8 34 M.S.A. 40 000 40 80-(2) 48 Commercial(1) M.S.A. 4400 40 80-(2 34 (No Parking)(1) M.S.A. 40t000 40 100 129 2028(3) Parkways(1) (1) Maximum length of cul de sac is 500 feet, Right of way radius 50 feet, Roadway radius 39 feet to back curb. (2) At major intersections increase to 120 feet. (3) Four lane divided with 1 8 foot median (1) Final design dependent upon traffic volume and soil factors(1) Maximum length of cul-de-sac is 500 feet, Right-of-way radius 50 feet, Roadway radius 39 feet to back curb. (2) Width subject to MSA standards in the MnDOT State Aid Manual. B. Deflections(Horizontal Alignment). When connecting street lines deflect from each other at any one point,the design requirements of the Minnesota Department of Transportation Road Design Manual,latest revision,shall apply. C. Grades. All centerline gradients shall be at least 0.5 percent and shall not exceed 8.0 percent. D. Vertical Curves. Different connecting street gradients shall be connected with vertical curves. Minimum length,in feet,of these curves shall conform to the requirements of the Minnesota Department of Transportation Road Design Manual,latest revision. E. Street Jogs. Street jogs shall have a centerline offset of one hundred fifty(150)feet or more when applied to minor streets or service streets;in all other cases,they shall be avoided. F. Minor Streets. Minor streets shall be so aligned that their use by through traffic will be discouraged. G. Cul-de-sacs. Maximum length cul-de-sac streets shall be five hundred(500)feet measured along the centerline from the intersection of origin to end of right-of-way,unless the plan for the overall area will necessitate the extension of said street and appropriate reservation of right-of-way is provided for. Cul-de-sacs should be avoided whenever reasonably possible. H. Service Streets. Where a subdivision abuts or contains an existing or planned major thoroughfare or a railroad right-of-way,the Council may require a street approximately parallel to and on each side of such right-of-way for adequate protection of properties and to afford separation of through and local traffic. Such service streets shall be located at a distance from the major thoroughfare or railroad right-of-way suitable for the appropriate use of the intervening land,as for park purposes in residential districts or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. 12-11 I. Half Streets. Half streets shall be prohibited except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations and except where the Council finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Whenever there is a half street adjacent to a tract to be subdivided,the other half of the street shall be platted within such tract prior to the granting of access. J. Reserve Strips. Reserve strips controlling access to streets shall be prohibited except under conditions approved by the Council. K. Unless otherwise approved by the Council,private streets shall not be approved nor shall public improvements be installed for any private street except that private streets may be permitted in approved Planned Unit Developments. L. Hardship to Owners of Adjoining Property Avoided. The street arrangements shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it. Subd. 4. Intersections. The angle formed by the intersection of streets shall be ninety(90)degrees with a fifty(50) foot minimum tangent from the radius return. Intersections of more than four corners shall be prohibited. Roadways of street intersections shall be rounded by a radius of not less than fifteen(15) feet. Roadways of driveway street intersections shall be rounded by a radius of not less than three(3)feet. Corners at the entrances to the turnaround I portions of cul-de-sacs shall be rounded by a radius of not less than fifteen(15)one hundred(100)feet. Subd. 5. Curb and gutter may be included as part of the required street surface improvements and shall thus be designed for installation along both sides of all roadways in accordance with the standards of the City Engineer. Subd. 6. Sidewalks and Trails. Sidewalks and/or trails may be required. The design thereof shall conform to the requirements of the City Engineer. Subd. 7. Water Supply. When public supply is available,extensions of the water supply system shall be designed so as to provide public water service to each lot. The design of said extensions shall be in accordance with the standards of the City Engineer. Private water supply systems shall be constructed and maintained according to State laws and City Code provisions. Subd. 8. Sewage Disposal. When public systems are available,extensions of the sanitary sewer system shall be designed so as to provide sewer service to each lot. The design of said extensions shall be in accordance with the standards of the City Engineer. Subd. 9. Drainage. A complete and adequate drainage system design shall be required for the subdivision and shall include a storm sewer system or a system of open ditches,culverts,pipes,and catch basins,or both systems,as required by the City Engineer. Such system or systems shall be designed and installed in conformity with all applicable standards of the City at the developer's expense. Subd.10. Easements. A. Provided for Utilities: Easements at least ten(10)feet wide,centered on front,rear and side lot lines and abutting(10'wide)street right-of-way shall be provided for utilities and shall be dedicated by appropriate language. They shall have continuity of alignment from block to block. B. Provided for Drainage: Easements shall be provided along each side of the centerline of any water course or drainage channel whether or not shown in the City Plan to a width sufficient to provide proper maintenance and protection and to provide for storm run-off and installation and maintenance 12-12 of storm sewers. Said easements shall in no event be less than fifty(50)feet on either side of the centerline of any water course or drainage channel and they shall be dedicated to the City in such manner that the City may require. C. If City infrastructure is required to be installed within the platted property, them Formatted:Indent:Left: 0.5",Hanging: 0.5" additional easements shall be provided in such locations as specified by the City. Each easement shall be in such width as specified by the City to adequately accommodate the infrastructure but in no event less than twenty(20)feet wide. Subd.11. Street Names. Names of new streets shall not duplicate or sound similar to existing or platted street names. Subd.12. Lots. A. Locations. All lots shall have frontage on a publicly dedicated street or street that has received legal status as such except that lots in Planned Unit Developments may have frontage on a private street or access road. B. Size. The lot dimensions in subdivisions shall not be less than the minimum dimensions required to secure the minimum lot area specified in Chapter 11. C. Butt Lots. Butt lots shall be platted at least five(5)feet wider than the average width of interior lots in the block. D. Corner Lots. Corner lots shall be platted at least fifteen(15)feet wider than the minimum width required by Chapter 11. E. Side Lot Lines. Side lines of lots shall be substantially at right angles to the street line. F. Water Courses. Lots abutting upon a water course,drainage way,channel or stream shall have an additional depth or width,as required,to assure house sites that are not subject to the flooding. G. Natural Features. In the subdividing of any land,regard shall be shown for all natural features,such as trees, water courses,steep slopes,erodible soils,historic spots or similar conditions,which if preserved will add attractiveness and stability to the proposed development. H. Lot Remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots or a plan shown as to future use rather than allowed to remain as unusable parcels. Source: City Code Effective Date: 9-17-82 (Sections 12.31 through 12.39,inclusive,reserved for future expansion.) SECTION 12.40. PARKS,PLAYGROUNDS AND PUBLIC OPEN SPACES. Subd. 1. The owner of land being subdivided shall dedicate to the public for public use as parks,playgrounds or public open space a reasonable portion of the land up to 10%thereof,as determined by the City to be in the public interest and necessary for such uses. Source: Ordinance No.3-88 Effective Date: 2-18-88 Subd. 2. At the City's option,the subdivider shall contribute an equivalent amount in cash in lieu of all or a portion of 12-13 the land which the City may require such owner to dedicate pursuant to Subdivision 1 hereof in accordance with the schedule to be set by resolution of the Council. Subd. 3. Whenever the term"dedicate"is used in this Section or in Section 12.41,it shall mean a dedication of land in connection with a plat for the purposes required or,at the option of the City,a deed or other instrument of conveyance conveying the land to the City. A dedication of land shall be such as shall vest good and marketable title of the land in the City, free and clear of any mortgage, lien, encumbrance or assessment, subject to such easements or minor imperfections of title as may be acceptable to the City. Subd. 4. The City may determine the location and configuration of any land dedicated,taking into consideration its suitability for its intended purposes and how it will best serve the public and future needs of the community for such purposes. Subd. 5. Land dedicated for the holding of storm or drainage water,power line easements or which is unusable or of limited use may,at the option of the City,not be deemed accepted by the City for purposes of owner's compliance with Subdivisions 1 and 2 hereof or Section 12.41. Subd. 6. Where the owner provides for public use neighborhood park amenities such as,but not limited to,tennis courts,ballfields,open space or other recreational facilities,the City may reduce the amount of land to be dedicated or the cash contribution in lieu of such dedication by an amount equivalent to the cost of the facilities provided. Subd. 7. Cash contributions required by Subdivision 2 hereof may be made prior to or concurrent with approval of the final plat or at the subdivider's option concurrent with issuance of a permit for building upon lots or parcels within the subdivision provided,however,if subdivider elects to make the cash contributions concurrent with issuance of a permit, the amount to be paid at such time or times shall be the amount then provided by City Code provisions or resolution. Subd. 8. Prior to the dedication,transfer or conveyance of any real property or interest therein to the City as provided herein,subdivider shall deliver to the City an opinion addressed to the City by an attorney and in a form acceptable to the City as to the condition of the title of such property or in lieu of a title opinion a title insurance policy insuring the condition of the title of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be dedicated,transferred or conveyed as may be provided herein by subdivider to City shall vest in City good and marketable title,therein free and clear of any mortgages,liens,encumbrances,or assessments. Subd. 9. Immediately upon filing of the final plat or other appropriate division documents,subdivider shall file for recording all deeds for conveyance of property to be deeded to the City other than that formally dedicated on a final plat. Source: City Code Effective Date: 9-17-82 Subd. 10. All improvements including grading,seeding,planting,landscaping,equipping,and constructing of any structure to or upon any of the property or other lands to be conveyed or dedicated to the City or for which an easement is to be given to the City for park or other recreational purposes shall be completed by subdivider and acceptable to the Director of Parks and Recreation and shall be free and clear of any lien,claim,change,or encumbrance including any for work,labor,or services rendered in connection therewith or material or equipment supplies therefor. Subdivider shall warrant and guarantee the improvements against any defect in materials or workmanship for a period of two(2)years following completion and acceptance thereof. In the event of any defect in materials or workmanship within said two-year period,the warranty and guarantee shall be for a period of three(3)years following said completion and acceptance. Defects in materials or workmanship shall be determined by the Director of Parks and Recreation. Acceptance of improvements by the Director of Parks and Recreation may be subject to such conditions as he may impose at the time of acceptance. Subdivider through his engineer shall provide for competent daily inspection during the construction of all improvements. Prior to final plat approval or issuance of any building permit if no final plat is required,subdivider shall submit a bond or letter of credit which guarantees completion of all improvements within the times provided,upon the conditions,and in accordance with the terms of this Subdivision including but not limited to a 12-14 guarantee against defects in materials and workmanship for a period of two(2)years following completion and the extension of the period to three(3)years in the event of any defect during said two-year period. The amount of the bond or letter of credit shall be 125%of the estimated construction cost of said improvements subject to reduction thereof to an amount equal to 25%of the cost of the improvements after acceptance thereof by the Director of Parks and Recreation. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the Director of Parks and Recreation. The subdivider's registered engineer shall make and submit for approval to the Director of Parks and Recreation a written estimate of the costs of the improvements. Source: Ordinance No.73-84 Effective Date: 4-5-84 SECTION 12.41. MINI-PARKS. Subd. 1. "Mini-Park"is a specialized park,playground or open space which serves a concentrated population or specific group of persons such as those residing in the immediate neighborhood and may be located in or adjacent to apartment complex developments, townhouse developments and single family developments that are not in close proximity to a neighborhood park. The land area may but shall not necessarily be limited to one(1)to five(5)acres in size. Subd. 2. The Council recognizes that it is essential to the health,safety and welfare of the residents of the City that mini-parks be provided to serve the immediate neighborhoods. The preservation of those open spaces within specific neighborhoods,especially in areas of high density,is essential to maintaining a healthful and desirable environment for the residents of the City. Subd. 3. An owner requesting subdivision of land for construction and maintenance thereon of fifty(50)or more residential units may be required to dedicate a reasonable portion of such land to the City for public use as a mini-park in addition to the dedication of land or the contribution of cash in lieu thereof pursuant to Section 12.40. A reasonable portion of such land shall consist of that portion which the City will need for mini-park purposes as a result of the approval of the subdivision and,unless otherwise determined by the City upon a showing by the subdivider,shall consist of a minimum of one acre for each fifty(50)residential units and a proportionate part of an acre for any additional residential units less than fifty(50)provided,however,no dedication of land for a mini-park shall be required if the total number of residential units to be constructed on the land shall be less than fifty(50). When an owner dedicates land to the City for a mini-park,the land encompassed in the mini-park shall be included in the total land utilized in the calculation of densities pursuant to Chapter 11. Subd. 4. The City may determine the location and configuration of any land dedicated to the City for a mini-park. Subd. 5. The owner shall develop any mini-park dedicated in accordance with City specifications,shall preserve existing trees whenever possible and shall make use of natural resources such as large boulders in the development. Source: City Code Effective Date: 9-17-84 (Sections 12.42 through 12.49,inclusive,reserved for future expansion.) SECTION 12.50. REQUIRED IMPROVEMENTS ON THE SITE. Subd. 1. All sanitary sewer,water main and storm sewer facilities,streets,concrete curb,gutters,sidewalks,sodding, drainage swales and other public utilities(improvements)shall be made and constructed on or within the subdivided lands or where otherwise required and dedicated to the City and shall be designed in compliance with City standards by a registered professional engineer. Plans and specifications shall be submitted to the City Engineer for approval prior to construction. All of the improvements shall be completed by the subdivider and acceptable to the City Engineer and shall be free and clear of any lien,claim,charge or encumbrance,including any for work,labor or services rendered in 12-15 connection therewith or material or equipment supplied therefor. Subdivider shall warrant and guarantee the improvements against any defect in materials or workmanship for a period of two(2)years following completion and I acceptance thereof. In the event of the existence of any defect in materials or workmanship with within said two-year period,the warranty and guarantee shall be for a period of three(3)years following said completion and acceptance. Defects in material or workmanship shall be determined by the City Engineer. Acceptance of improvements by the City Engineer may be subject to such reasonable conditions as he may impose at the time of acceptance. Subdivider through his engineer shall provide for competent daily inspection during the construction of all improvements. Asbuilt drawings with service and valve ties on reproducible mylar shall be delivered to the City Engineer within sixty(60)days of completion of the improvements together with a written certification from a registered engineer that all improvements have been completed,inspected and tested in accordance with City-approved plans and specifications. Source: Ordinance No.73-84 Effective Date: 4-5-84 Subd. 2. Subdivider shall remove all soil and debris from and clean all streets within the lands subdivided at least every two(2)months(or within one(1)week from the date of any request by City)during the period commencing May 1 and ending October 31 of each year until such time as such streets and improvements are accepted for ownership and maintenance by the City. In the event there are or will be constructed on the property two(2)or more streets and if permanent street signs have not been installed, subdivider shall install temporary street signs in accordance with recommendations of the Public Safety Services Area/Inspections Division prior to the issuance of any permit to build upon the property. Subd. 3. Within twenty(20)days of installation of utilities and street curbs in any portion of the land subdivided(if said time occurs between May 1 and October 31 of any year),subdivider shall sod(secured with a minimum of two(2)stakes per roll of sod)that part of the property lying between said curb and a line eighteen(18)inches measured perpendicular with the curb or in lieu of said sod place a fiber blanket with seed approved by the City(secured with stakes a maximum of six(6)feet apart). Either sod or fiber must be placed upon a minimum of four(4)inches of topsoil. The topsoil shall be level with the top of the curb at the curb line and rise 1/2"for each foot from the curb line. Subdivider shall maintain the sod,fiber blanket,topsoil,and grade until such time as the streets and improvements in the land subdivided are accepted for ownership and maintenance by the City. Subdivider shall also sod all drainage swales serving each 1.5 acres a minimum distance of six(6)feet on either side of the center of the swale. Subd. 4. Subsequent to approval by the Council and before execution by the City of the final plat or other appropriate forms of City approval,subdivider shall: A. Execute and deliver to the City an agreement whereby subdivider shall undertake performance of the obligations imposed by this Chapter and containing such other terms and provisions and in such form as shall be acceptable to City. Source: City Code Effective Date: 9-17-82 B. Submit a bond,letter of credit or cash deposit("security")which guarantees completion of all improvements within the times specified by the City Engineer and in accordance with the terms of Section 12.50,Subdivisions 1 through 4. The amount of the security shall be 125%of the estimated construction cost of said improvement subject to reduction thereof to an amount equal to 25%of the cost of the improvements after acceptance thereof by the City Engineer and receipt of asbuilt drawings. The security shall be in such form and contain such other provisions and terms as maybe required by the City Engineer. The subdivider's registered engineer shall make and submit for approval to the City Engineer a written estimate of the costs of the improvements. Subd. 5. With the approval of the Council and in lieu of the obligations imposed by Subdivisions 1 through 4 above, subdivider may submit a 100%petition signed by all owners of the land to be subdivided requesting the City to install some or all of the improvements. Upon approval by the Council,the City may cause said improvements to be made and special assessments for all costs of said improvements to be levied on the land except any land which is or shall be 12-16 dedicated to the public. Such special assessment shall be payable over a term of five(5)years unless otherwise authorized by the Council. Prior to the award of any contract by the City for the construction of any improvement, subdivider shall have entered into a contract for rough grading of streets included in the improvement to a finished subgrade elevation. Subdivider's obligation with respect to the rough grading work shall be secured by a bond,letter of credit or such deposit which shall guarantee completion and payment for all labor and materials expended in connection with the rough grading. The amount of the security shall be 125%of the cost of such rough grading and shall be in such form and contain such further terms as may be required by the City Engineer. Source: Ordinance No.73-84 Effective Date: 4-5-84 (Sections 12.51 through 12.59,inclusive,reserved for future expansion.) SECTION 12.60. MODIFICATIONS,EXCEPTIONS AND VARIANCES. Subd. 1. Complete Neighborhood. The Council,upon receiving a report from the Planning Commission,may grant a variance from these regulations in case of a subdivision large enough to constitute a more or less self-contained neighborhood provided the Council received adequate safeguards to assure development according to a plan. Said plan shall not be in conflict with the major street plan and shall in the opinion of the Council provide adequate public open space and be a desirable community development. where conditions are well defined,the Council may exempt the subdivider from complying with the requirements stipulated in this Chapter. Subd. Bj. Variances. The Council may grant a variance from the requirements of this Chapter where a subdivision is Comment[jk2]:Subd.3 is renumbered to Subd. approved in conjunction with a Planned Unit Development pursuant to Chapter 11 or in any case where the subdivider 2 can show that because of exceptional topography or other special conditions the strict compliance with these regulations could cause an undue hardship provided such a relief may be granted without detriment to the public welfare and without impairing the intent and purpose of these regulations. SECTION 12.61. BUILDING PERMITS. No building permit shall be issued for the construction of any building,structure or improvement on any platted outlot,or on any land required to be subdivided until all requirements of this Chapter have been satisfactorily addressed. Source: City Code Effective Date: 9-17-82 (Sections 12.62 through 12.98,inclusive,reserved for future expansion.) SECTION 12.99. VIOLATION A MISDEMEANOR. Every person violates a section,subdivision,paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful,and upon conviction thereof shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. Source: City Code Effective Date: 9-17-82 12-17 STAFF REPORT: TO: Planning Commission FROM: Julie Klima, City Planner DATE: October 23, 2015 SUBJECT: Code Change— Subdivision Regulations BACKGROUND Chapter 12 of the city code contains the City of Eden Prairie's Subdivision Regulations, those rules that govern the subdivision of property. The subdivision regulations identify the procedure, submittal requirements, design standards and the like for the subdivision of property within the City of Eden Prairie. It has come to staff's attention that the Subdivision Regulations, in its current form, does not adequately address the combination of properties into a single parcel. Staff has worked with the City Attorney to draft language that provides additional clarity regarding the combination of properties. Additionally, the proposed code changes address the administrative approval criteria and process, as well as, the minor subdivision criteria and process. The language allows for administrative approval of subdivisions that result in no more than 2 parcels or combinations that result in no more than one parcel subject to certain criteria. The language also allows for an abbreviated process (the minor subdivision)through the City Council when the subdivision is of small size and is of minor significance. Other housekeeping changes reflecting current practices and correcting grammatical or typographical errors are also proposed as a part of the update. CODE CHANGE Please see the attached redlined version of Chapter 12 for the proposed changes to the Subdivision Regulations. STAFF RECOMMENDATION Staff recommends approval of the amendments to Chapter 12 as represented in the October 23, 2015 staff report and the draft ordinance. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 26, 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 Vice Chair Kirk called the meeting to order at 7:00 p.m. Pieper, Stoltz and Weber were absent. II. APPROVAL OF AGENDA MOTION by Higgins, seconded by Farr, to approve the agenda. Motion carried 4-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON SEPTEMBER 28, 2015 Higgins had a change on page 2, paragraph 1, second sentence. She would like the words, "do is demo", replaced with"demolish". MOTION by Higgins, seconded by Farr, to approve the amended Planning Commission Minutes. Motion carried 4-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS Planning Commission Minutes October 26, 2015 Page 2 A. CODE AMENDMENT RELATING TO SUBDIVISION REGULATIONS Klima presented the code amendment and said staff prepared revisions to this code because it came to staffs attention that subdivision regulations do not address the combination of properties. Because of that there has been additional clarity with process and procedures of the Subdivision Chapter. Staff recommendation is for approval. Wuttke asked how many property owners of projects this ordinance will affect. Klima said it is hard to project the number of homeowners that may seek a property combination. She pointed out it is not a frequent request to combine two parcels into one parcel and said the proposed language includes the process associated with subdivision procedures. Wuttke asked what criteria would be the difference between minor subdivisions and the administrative review process. Klima said the minor subdivisions could be used if there were complicating factors or if there was a need for right of way or easements and they could proceed directly to the City Council. Vice Chair Kirk said the wording in the new ordinance used"word resolution". Klima said historically minor subdivisions have proceeded directly to the City Council without a public hearing so action has been taken by adoption of a resolution. Wuttke said the administrative approval has four criteria; what is the process if someone adjacent to the process objects. Rue said it would be the perimeter properties and if we have to vacate easements it would be a public hearing. If there are no objections it would simply go through the administrative approval. Rue said if there is something that comes up that needs public input then it would go through the normal process of the public hearing process. Wuttke said he is hesitant in separating government parcels of land. Rue said if MnDOT or the City is separating land, and there are no issues and they are just giving up the right away, it would be a resolution and go to the City Council for approval because it is owned by certain government jurisdictions. Vice Chair Kirk said he does not see a big issue with this because it does have to go through the city council. Farr said the issue at hand is transparency; there should be a time tested process for this. Wuttke said in regards to Section 12.41, we have been discussing the transit oriented development(TOD) ordinance and asked if there are conflicting messages between this and the TOD ordinance. Klima said this ordinance only applies with the subdivision of property on TOD's. The language in the TOD ordinance is based on zoning. Planning Commission Minutes October 26, 2015 Page 3 Farr asked for clarification on accuracies of surveys in Subd. 1. In the paragraph it states at one point, "accurate survey" and further down just states "survey". Klima said The term accurate in in place to account for surveys that might be reproduced and are no longer scalable. Farr had a question on differences between 15 feet to 100 feet at intersections. Rue said this is in regards to radius when entering a cul-de-sac. Farr asked in Subd. 4 on page 12-12, why does it state 100 feet in both sentences in regards to the radius. Rue said that is incorrect; it should not be 100 feet radius but should be 15 feet in one instance. Vice Chair Kirk opened the meeting up for public input. There was no input. MOTION by Wuttke, seconded by Farr, to close the public hearing. Motion carried 4-0. MOTION by Wuttke, seconded by Farr, to recommend approval of the Code Amendment City Code Chapter 12 relating to subdivision regulations based on the information included in staff report dated October 23, 2015. Motion carried 4-0 VII. PLANNERS' REPORT Klima said the Planning Commission Meeting on December 14th has been moved to December 7th. The second meeting in December will also be cancelled due to the holidays. VIII. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE—LIGHT RAIL No Members' Report IX. CONTINUING BUSINESS No continuing business. X. NEW BUSINESS No new business. M. ADJOURNMENT MOTION by Wuttke, seconded by Higgins, to adjourn the Planning Commission meeting. Motion carried 4-0. Planning Commission Minutes October 26, 2015 Page 4 There being no further business, the meeting was adjourned at 7:41 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims November 17, 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 241821 - 242620 Wire Transfers 1012231 - 1012522 Wire Transfers 5554 - 5581 City of Eden Prairie Council Check Summary 11/17/2015 Division Amount Division Amount General 236,411 304 Senior Board 61 100 City Manager 263 308 E-911 27,607 101 Legislative 8,216 309 DWI Forfeiture 382 102 Legal Counsel 37,823 445 Cable PEG 2,453 110 City Clerk 532 509 CIP Fund 161,943 111 Customer Service 9,687 522 Improvement Projects 2006 4,530 112 Human Resources 171 526 Transportation Fund 2,027 113 Communications 8,612 527 CIP-Leasing Costs 3,483 114 Benefits&Training 9,845 528 Shady Oak Rd-CR 61 North 147,231 130 Assessing 2,031 529 Shady Oak Rd-CR 61 South 2,007,692 131 Finance 67 530 Pool Upgrade/Expansion 798,705 132 Housing and Community Services 11,787 531 Eden Prairie Road 23,456 133 Planning 2,349 532 EP Road Connect Flying Cloud 5,939 136 Public Safety Communications 14,805 534 WEST 70TH ST.EXTENSION 423,908 137 Economic Development 8,603 535 TC Station/NS Road 941 138 Community Development Admin. 561 536 General LRT 4,505 150 Park Administration 16,853 Total Capital Projects Fund 3,614,865 151 Park Maintenance 48,413 153 Organized Athletics 161 601 Prairie Village Liquor 230,275 154 Community Center 33,837 602 Den Road Liquor 348,748 156 Youth Programs 11,481 603 Prairie View Liquor 249,744 157 Special Events 1,889 605 Den Road Building 1,974 158 Senior Center 4,150 701 Water Fund 260,791 159 Recreation Administration 178 702 Sewer Fund 339,613 160 Therapeutic Recreation 908 703 Storm Drainage Fund 50,398 161 Oak Point Pool 44,675 Total Enterprise Fund 1,481,543 162 Arts 1,758 163 Outdoor Center 1,593 316 WAFTA 364 164 Park Rental Facilities 133 803 Escrow Fund 22,821 168 Arts Center 167 807 Benefits Fund 1,278,982 180 Police 64,404 808 Severance 15,445 184 Fire 31,775 809 Investment Fund 9,721 186 Inspections 2,582 812 Fleet Internal Service 118,449 200 Engineering 1,406 813 IT Internal Service 96,182 201 Street Maintenance 107,334 814 Facilities Capital ISF 140,663 202 Street Lighting 70,257 815 Facilites Operating ISF 54,911 Total General Fund 795,716 816 Facilites City Center ISF 100,630 817 Facilites Comm.Center ISF 100,584 301 CDBG 60,552 Total Internal Svc/Agency Funds 1,938,752 303 Cemetary Operation 1,332 Total Special Revenue Fund 61,883 Report Total 7,893,959 434 2008A Capital Equipment Notes 400 435 2008B G.O.Improvement Bonds 800 Total Debt Service Fund 1,200 City of Eden Prairie Council Check Register by GL 11/17/2015 Check# Amount Supplier/Explanation Account Description Business Unit Comments 242270 2,002,132 C S MCCROSSAN CONSTRUCTION INC Improvement Contracts Shady Oak Road/CR 61 SOUTH Shady Oak Road/CR 61 South 242496 786,779 RJM CONSTRUCTION INC Building Aquatics&Fitness Expansion EP Aquatics Addition 242475 402,332 MEYER CONTRACTING,INC Improvement Contracts WEST 70TH ST.EXTENSION West 70th Street project 242087 285,393 METROPOLITAN COUNCIL MCES User Fee Sewer Utility-General Waste Water Service fee 242453 240,644 HEALTHPARTNERS Accounts Receivable Health and Benefits Health and Benefits 5570 230,157 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Health and Benefits 5555 224,905 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Health and Benefits 5563 155,934 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits Health and Benefits 241863 154,487 BITUMINOUS ROADWAYS INC Other Contracted Services Capital Maint.&Reinvestment 2015 EP trails maint/ped ramp 5558 154,338 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits Health and Benefits 5573 153,425 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits Health and Benefits W 70th St-Shady Oak Road- 1012374 138,135 SRF CONSULTING GROUP INC Design&Engineering West 70th St Extension City West Pkwy Trail. 1012365 136,014 MAX STEININGER INC Improvement Contracts Shady Oak Rd-CR 61 North Shady Oak Rd/CSAH 61 5566 114,067 MINNESOTA DEPT OF REVENUE Sales Tax Payable Water Enterprise Fund Sales and Use Tax 1012382 111,687 XCEL ENERGY Electric Facilities Capital Multi acct/location electric 1012301 101,522 XCEL ENERGY Electric City Hall-CAM Multi acct/location electric 1012287 88,312 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Facilities Capital 242401 81,634 XCEL ENERGY Improvement Contracts Shady Oak Rd-CR 61 South 242274 79,344 ALLIED BLACKTOP CO Seal Coating Street Maintenance 242331 65,606 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 242468 57,447 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 242517 55,000 WEST HENNEPIN AFFORDABLE HOUSING LAND TR Refunds CDBG-Public Service 241833 51,556 ACOUSTICS ASSOCIATES INC Other Contracted Services Facilities Capital 242026 46,599 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1012357 44,731 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Rehab 242299 43,717 DEPARTMENT OF COMMERCE Deposits Escrow 242306 38,353 EDEN PRAIRIE SCHOOL Other Contracted Services Oak Point Lessons 242358 35,373 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 242577 32,032 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1012514 29,361 STREICHERS Clothing&Uniforms Police 1012363 27,883 LOGIS GIS Staff Augmentation IT Operating 1012484 27,770 CDW GOVERNMENT INC. Other Hardware IT Capital 242346 27,748 NAC Contract Svcs-Plumbing CmtyCtr Pool Upgrade/Expansion 242485 27,615 NELSON AUTO CENTER,INC Autos Police 1012488 25,307 DIVERSE BUILDING MAINTENANCE Tenant 1 -Janitor Service Prairie Village Liquor Store 5557 24,427 EMPOWER Deferred Compensation Health and Benefits 1012349 24,379 DIVERSE BUILDING MAINTENANCE Tenant 1 -Janitor Service Prairie Village Liquor Store 242587 23,826 NELSON AUTO CENTER,INC Autos Police 1012292 23,666 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 5572 23,579 EMPOWER Deferred Compensation Health and Benefits 242473 23,572 MANSFIELD OIL COMPANY Motor Fuels City Center Operations 242258 23,239 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Den Road Liquor Store 242241 22,593 WATSON FURNITURE GROUP Other Assets E-911 Program 242257 21,683 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Den Road Liquor Store 242618 21,549 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 241831 20,861 ABM ONSITE SERVICES-MIDWEST Janitor Service Utility Operations-General Check# Amount Supplier/Explanation Account Description Business Unit Comments 242398 19,316 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 1012503 19,208 NORTHWEST ASPHALT Improvement Contracts Eden Prairie Road 242368 18,158 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit 242594 17,801 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 242191 17,617 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Den Road Liquor Store 242499 17,587 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1012410 17,490 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 242582 17,462 MINGER CONSTRUCTION INC Other Contracted Services Sewer Capital 242604 16,942 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1012515 16,810 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 242354 16,290 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 242448 16,203 GRAYMONT Treatment Chemicals Water Treatment Plant 5559 15,445 GENESIS EMPLOYEE BENEFITS,INC Severance User Charge Severance 242025 14,610 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 5556 14,226 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 5571 14,169 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 242275 13,910 AMERICAN ENGINEERING TESTING INC Testing-Soil Boring Shady Oak Rd-CR 61 South 5560 13,836 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 5577 13,807 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 242520 13,405 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Den Road Liquor Store 242360 13,397 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 242491 12,986 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1012358 12,256 HANSEN THORP PELLINEN OLSON Other Contracted Services Planning&Development 5561 12,242 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 241981 11,979 GRAYMONT Treatment Chemicals Water Treatment Plant 1012290 11,974 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Machinery&Equipment Capital Outlay Parks 242451 11,926 HAMMEL,GREEN AND ABRAHAMSON Design&Engineering Aquatics&Fitness Expansion 1012496 11,697 HAWKINS INC Treatment Chemicals Water Treatment Plant 242071 11,647 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 242600 11,639 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Storm Drainage 1012519 11,606 WALL TRENDS INC Contract Svcs-General Bldg Ice Arena Maintenance 242370 11,363 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 242619 10,896 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Den Road Liquor Store 1012434 10,253 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concr. Capital Maint.&Reinvestment 1012297 9,990 W W GOETSCH ASSOCIATES INC Equipment Parts Water Treatment Plant 242467 9,841 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 1012417 9,827 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment Plant 242273 9,721 ADVANTUS CAPITAL MANAGEMENT INC Interest Investment Fund 242399 9,697 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 1012462 9,554 DAY DISTRIBUTING Liquor Product Received Den Road Liquor Store 5578 8,786 GENESIS EMPLOYEE BENEFITS,INC HSA Health and Benefits 5567 8,736 GENESIS EMPLOYEE BENEFITS,INC HSA-Employer Health and Benefits 242295 8,485 COMMERCIAL ASPHALT CO Repair&Maint. Supplies Street Maintenance 242315 8,102 GRAYMONT Treatment Chemicals Water Treatment Plant 242620 8,014 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Park Maintenance 242566 8,012 GRAYMONT Treatment Chemicals Water Treatment Plant 242585 8,000 MORRIS LEATHERMAN COMPANY Other Contracted Services Economic Development 1012389 7,994 DAY DISTRIBUTING Liquor Product Received Den Road Liquor Store 242576 7,986 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 1012309 7,707 DAY DISTRIBUTING Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 242372 7,673 SOUTHWEST SUBURBAN CABLE COMMISSION Dues&Subscriptions City Council 1012239 7,616 DAY DISTRIBUTING Liquor Product Received Den Road Liquor Store 242146 7,544 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1012265 6,993 A-SCAPE INC Contract Svcs-Lawn Maint Arts Center 242521 6,980 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Den Road Liquor Store 1012450 6,917 XCEL ENERGY Electric Traffic Signals 1012443 6,790 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1012376 6,778 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 242330 6,661 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 1012501 6,480 METRO SALES INCORPORATED* Other Rentals IT Operating 1012465 6,450 GREENSIDE INC Contract Svcs-Lawn Maint. Fire Station#1 242435 6,427 DSO ARCHITECTURE INC Other Contracted Services Capital Impr/Maint Fixed 1012378 6,310 VTI Other Assets Public Safety Communications 242363 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 242408 6,048 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 242567 6,019 GYM WORKS Equipment Repair&Maint Fitness Center 5581 6,010 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 242480 5,992 MINNESOTA UI FUND Unemployment Compensation Organizational Services 1012348 5,540 DAKOTA SUPPLY GROUP INC Equipment Parts Water Metering 242086 5,446 METRO TRANSIT Other Contracted Services General LRT 242305 5,378 EDEN PRAIRIE ROTARY CLUB Deposits Den Road Liquor Store 242397 5,361 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 242420 5,310 CITY OF ELK RIVER Signs Police 242417 5,300 CENTURY COLLEGE Tuition Reimbursement/School Fire 242264 5,208 YMCA Other Contracted Services Housing and Community Service 242593 5,137 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 242138 5,124 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 241996 5,115 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 1012483 5,070 BIFFS INC Waste Disposal Park Maintenance 242390 5,058 VERIZON WIRELESS Other Contracted Services IT Operating 242389 5,018 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance 242603 5,000 SOUTHDALE YMCA YOUTH DEVELOPMENT PROGRAM Other Contracted Services Housing and Community Service 242553 4,774 COMMERCIAL ASPHALT CO Repair&Maint.Supplies Capital Maint.&Reinvestment 242530 4,697 ADVANCED PUBLIC SAFETY INC Software Maintenance IT Operating 1012429 4,660 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 1012286 4,620 POMP'S TIRE SERVICE INC Tires Fleet Operating 1012262 4,597 WSB&ASSOCIATES INC Design&Engineering Planning&Development 241864 4,566 BLACKSTONE CONTRACTORS LLC Improvement Contracts Storm Drainage 1012472 4,467 MINNESOTA NATIVE LANDSCAPES Improvement Contracts Storm Drainage 1012320 4,384 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 1012275 4,336 ESS BROTHERS&SONS INC Repair&Maint. Supplies Sewer System Maintenance 1012487 4,290 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 5562 4,277 AMERICAN EXPRESS Bank and Service Charges Utility Operations-General 1012509 4,233 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint E-911 Program 1012341 4,162 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#4 242570 4,140 HENNEPIN COUNTY MEDICAL CENTER Conference/Training Fire 1012299 4,129 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 241851 4,113 BAY ELECTRONICS INC Capital Under$25,000 Public Safety Communications 1012274 4,080 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering 242347 4,040 NORTH STAR PUMP SERVICE Equipment Parts Sewer Liftstation Check# Amount Supplier/Explanation Account Description Business Unit Comments 242455 4,000 HENNEPIN COUNTY Other Contracted Services Storm Drainage 242017 3,850 INFRARED CONSULTING SERVICES INC Building Repair&Maint. City Hall-CAM 242505 3,780 TASER INTERNATIONAL Training Supplies Police 1012266 3,777 ASPEN WASTE SYSTEMS INC. Waste Disposal City Hall-CAM 242548 3,773 CENTURYLINK Telephone IT Telephone 242285 3,750 BMC SOFTWARE INC Conference/Training IT Operating 1012489 3,734 EMERGENCY APPARATUS MAINTENANCE INC Equipment Repair&Maint Fire 1012381 3,728 WM MUELLER AND SONS INC Gravel Storm Drainage 242476 3,710 MHSRC/RANGE Tuition Reimbursement/School Police 242317 3,702 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 242324 3,646 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 242006 3,628 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1012387 3,566 BUSINESS IMPACT GROUP Clothing&Uniforms Fire 242014 3,522 HYDRO-VAC INC Equipment Repair&Maint Sewer System Maintenance 1012511 3,490 SENIOR COMMUNITY SERVICES Refunds CDBG-Public Service 242395 3,483 WELSH COMPANIES Other Contracted Services CIP-Leasing Costs 242519 3,420 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 242348 3,404 OLYMPIC HILLS GOLF CLUB Clothing&Uniforms Reserves 242563 3,379 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 242489 3,349 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 242446 3,263 GLEN LAKE GOLF Instructor Service Lesson Skills Development 242350 3,240 ORACLE AMERICA INC Software Maintenance IT Operating 242462 3,216 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 242290 3,201 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Storm Drainage 242461 3,106 IND SCHOOL DIST 272 Other Contracted Services Oak Point Lessons 1012351 3,100 EMERSON NETWORK POWER Hardware Maintenance IT Operating 242304 3,082 EARL F ANDERSEN INC Signs Traffic Signs 242459 3,050 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 242406 3,035 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 242356 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 242507 3,000 TECH SALES CO Maintenance Contracts Water Treatment Plant 1012512 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Wells 242095 2,961 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 241949 2,851 FIRE SAFETY USA INC Equipment Repair&Maint Fire 1012392 2,830 GREENSIDE INC Contract Svcs-Lawn Maint. Fire Station#1 1012354 2,704 FILTRATION SYSTEMS Supplies-HVAC Fitness/Conference-Cmty Ctr 242019 2,700 INTERTECH INC Contract Development IT Operating 1012355 2,698 GENUINE PARTS COMPANY Repair&Maint-Ice Rink Fleet Operating 1012276 2,691 GRAINGER Supplies-General Building City Center Operations 1012448 2,678 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 1012308 2,665 DAILEY DATA&ASSOCIATES Software and Hardware Prairie Village Liquor Store 1012461 2,662 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fleet Operating 1012447 2,649 WESTWOOD PROFESSIONAL SERVICES INC Design&Engineering Improvement Projects 2006 242193 2,626 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 242386 2,610 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating 242380 2,596 TARGETSOLUTIONS LEARNING,LLC Dues&Subscriptions Fire 242382 2,567 TKO WINES,INC Liquor Product Received Prairie View Liquor Store 1012481 2,547 VINOCOPIA Liquor Product Received Den Road Liquor Store 242106 2,539 NAC Contract Svcs-HVAC City Hall-CAM 1012342 2,534 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General Check# Amount Supplier/Explanation Account Description Business Unit Comments 242048 2,520 KRAFT TREE SERVICE INC Other Contracted Services Tree Disease 1012258 2,520 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Public Works/Parks 242282 2,500 BAKER Other Contracted Services Planning 1012408 2,489 VAN PAPER COMPANY Cleaning Supplies City Hall-Direct Costs 1012420 2,488 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance 242486 2,396 NORTH PINE AGGREGATE,INC Gravel Storm Drainage 1012513 2,372 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Building Materials Park Maintenance 242371 2,362 SOUTHWEST NEWS MEDIA Printing Communications 242617 2,302 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 241845 2,265 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 242278 2,236 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 242477 2,233 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 242415 2,199 CARVER COUNTY LICENSE CENTER Capital Under$25,000 Utility Operations-General 242256 2,177 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1012333 2,167 VAN PAPER COMPANY Janitor Service Public Works/Parks 1012486 2,088 CONCRETE CUTTING&CORING INC Small Tools Park Maintenance 242583 2,037 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Pool Lessons 1012469 2,027 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 242546 2,019 C.M.ARCHITECTURE P.A. Reimbursement-legal notices Escrow 1012375 2,014 STREICHERS Clothing&Uniforms Police 242466 2,004 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 242281 1,988 AVR INC Asphalt Overlay Park Construction 1012267 1,981 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 242391 1,954 VIDEOTRONIX INC Capital Under$25,000 Public Works/Parks 242139 1,949 PEMTOM LAND CO. Reimbursement-legal notices Escrow 1012467 1,937 JOHN HENRY FOSTER MINNESOTA INC Building Repair&Maint. Water Treatment Plant 242607 1,903 STEWART LAND PARTNERS LLC Reimbursement-legal notices Escrow 1012371 1,890 POMP'S TIRE SERVICE INC Tires Fleet Operating 1012452 1,882 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Den Bldg.-CAM 1012383 1,852 ZIEGLER INC Equipment Parts Sewer System Maintenance 1012449 1,851 WM MUELLER AND SONS INC Gravel Trail Construction 1012480 1,813 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 242314 1,809 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 5575 1,808 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 1012317 1,801 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment Plant 1012268 1,791 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 242322 1,787 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 242353 1,775 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 242286 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating 242121 1,709 NORTH STAR PUMP SERVICE Equipment Repair&Maint Storm Drainage 242616 1,704 WAND CORPORATION Reimbursement-legal notices Escrow 1012412 1,702 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 242487 1,685 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 1012499 1,620 LOGIS Network Support IT Operating 1012482 1,603 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1012282 1,543 MENARDS Operating Supplies Park Maintenance 242010 1,530 HOPKINS SCHOOL DISTRICT ISD270 Software Maintenance IT Operating 241895 1,519 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Street Maintenance 242498 1,512 SOCCER SHOTS Instructor Service Preschool Events 1012346 1,505 CENTERPOINT ENERGY Gas Cummins Grill Check# Amount Supplier/Explanation Account Description Business Unit Comments 242366 1,477 SIGNATURE MEDIA GROUP INC Signs Traffic Signs 241852 1,477 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 1012261 1,472 VINOCOPIA Liquor Product Received Den Road Liquor Store 1012426 1,468 IDENTISYS Capital Under$25,000 Public Safety Communications 242572 1,432 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 242554 1,423 COUNTY MATERIALS CORPORATION Repair&Maint.Supplies Storm Drainage 1012340 1,417 AMERITRAK Machinery&Equipment Snow&Ice Control 1012279 1,415 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1012520 1,408 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 1012432 1,394 METRO SALES INCORPORATED* Miscellaneous IT Operating 242535 1,387 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1012414 1,380 BOUND TREE MEDICAL LLC EMS Supplies Fire 242543 1,369 BROCK WHITE COMPANY LLC Repair&Maint. Supplies Storm Drainage 242537 1,360 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 242484 1,349 NAC Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 1012335 1,339 WEEDMAN,NICOLE Operating Supplies Halloween Party 1012321 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 242325 1,330 IMSA BILLING OFFICE Design&Engineering Public Safety Communications 1012508 1,299 POMP'S TIRE SERVICE INC Tires Fleet Operating 242336 1,286 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#3 1012334 1,271 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 242369 1,267 SOUTH ST PAUL STEEL SUPPLY Signs Transportation Fund 242009 1,250 HOMELINE Other Contracted Services Housing and Community Service 242605 1,248 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 1012442 1,246 STREICHERS Clothing&Uniforms Police 242374 1,230 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 242318 1,213 HEARN,ROBERT A Other Contracted Services Rehab 242394 1,200 WELLS FARGO BANK MINNESOTA NA Paying Agent 2008A Capital Equipment Notes 1012247 1,200 LOWERY,THOMAS Tuition Reimbursement/School Organizational Services 1012271 1,191 CDW GOVERNMENT INC. Computers IT Operating 242271 1,190 ACCOUNTEMPS Other Contracted Services Community Center Admin 242529 1,190 ACCOUNTEMPS Other Contracted Services Community Center Admin 242279 1,182 ARVIG Fiber Lease Payments IT Operating 1012384 1,181 KENYON,PATRICK Deposits Escrow 1012409 1,151 VINOCOPIA Liquor Product Received Den Road Liquor Store 242097 1,128 MN DEPT OF TRANSPORTATION Testing-Soil Boring Shady Oak Road/CR 61 SOUTH 242542 1,127 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 242547 1,121 CEMSTONE CONTRACTOR SUPPLY Repair&Maint.Supplies Park Construction 242375 1,115 SPOK,INC. Pager&Cell Phone IT Operating 242445 1,109 GARDEN ROOM FRATELLI'S GARDEN INC,THE Operating Supplies Police 242549 1,109 CENTURYLINK Telephone IT Operating 1012372 1,090 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Concessions 242328 1,080 1NTERTECH INC Contract Development IT Operating 1012500 1,072 MENARDS Building Materials Water Treatment Plant 242501 1,057 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 1012294 1,042 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 242510 1,038 TOWEY,SANDY&JOHN Refunds Storm Drainage 242433 1,034 CRETEX CONCRETE PRODUCTS MIDWEST INC Repair&Maint.Supplies Storm Drainage 1012510 1,021 PURCHASE POWER Postage Customer Service 242085 1,020 MEDICINE LAKE TOURS Special Event Fees Trips Check# Amount Supplier/Explanation Account Description Business Unit Comments 242452 1,011 HD SUPPLY WATERWORKS LTD Equipment Parts Storm Drainage 242614 999 VERMONT SYSTEMS,INC Operating Supplies Pool Operations 1012277 979 GRANICUS INC Equipment Repair&Maint Cable PEG 242454 955 HEALTHPARTNERS Health&Fitness Fire 242606 948 STAPLES ADVANTAGE Office Supplies Customer Service 242276 930 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 1012505 929 OSI BATTERIES INC Office Supplies Police 1012244 922 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Capital Maint.&Reinvestment 242540 915 BEYOND THIS DAY Deposits Escrow 1012315 912 1NTEREUM INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 1012388 896 CLAREY'S SAFETY EQUIPMENT Operating Supplies Emergency Preparedness 242492 888 PITNEY BOWES Postage Customer Service 1012494 879 GRANICUS INC Equipment Repair&Maint Cable PEG 242497 871 SMALL LOT MN Liquor Product Received Den Road Liquor Store 242609 870 SUPERIOR STRIPING INC Contract Svcs-Asphalt/Concrt City Hall-CAM 242338 858 LANO EQUIPMENT INC Equipment Parts Fleet Operating 242403 853 PETTY CASH Other Contracted Services Engineering 241930 840 EDEN PRAIRIE FOUNDATION Deposits Den Road Liquor Store 1012373 836 SHERWIN WILLIAMS CO Equipment Repair&Maint Traffic Signals 242472 825 MACPHAIL CENTER FOR MUSIC Other Contracted Services New Adaptive 242523 791 Z WINES USA LLC Liquor Product Received Den Road Liquor Store 241832 785 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. Fire Station#1 1012437 785 NORTHWEST ASPHALT Outside Water Sales Escrow 242539 780 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 242288 778 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 242410 774 AVR INC Repair&Maint.Supplies Storm Drainage 1012430 768 MENARDS Repair&Maint.Supplies Water Wells 241888 766 CALIFORNIA CONTRACTORS SUPPLIES INC Repair&Maint.Supplies Sewer System Maintenance 1012234 765 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1012288 763 PREMIUM WATERS INC Operating Supplies Fire 242438 760 EDEN PRAIRIE ROTARY CLUB Deposits Den Road Liquor Store 1012454 753 BERRY COFFEE COMPANY Merchandise for Resale Concessions 242352 750 PATHFINDER CRM,LLC Other Contracted Services Heritage Preservation 242541 750 BLOOMINGTON,CITY OF Kennel Services Animal Control 5568 746 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 242538 736 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 1012310 734 EXTREME BEVERAGE Liquor Product Received Prairie View Liquor Store 1012441 730 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage 242283 725 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 242113 706 NEW BRIGHTON FORD Equipment Parts Fleet Operating 242310 700 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 242018 700 INNOVATIVE GRAPHICS Clothing&Uniforms Police 1012490 700 ESS BROTHERS&SONS INC Repair&Maint. Supplies Storm Drainage 1012419 690 EMERGENCY APPARATUS MAINTENANCE INC Equipment Repair&Maint Fire 241904 677 COSTCO Merchandise for Resale Police 1012421 674 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 241979 674 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 242447 670 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 1012502 669 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 242545 666 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comments 242414 656 CALIFORNIA CONTRACTORS SUPPLIES INC Repair&Maint.Supplies Utility Operations-General 1012339 654 ADVANCED ENGINEERING&ENVIRONMENTAL SE Process Control Services Water Wells 242367 654 SIR LINES-A-LOT Contracted Striping Traffic Signs 242147 652 PLASTIC BAG MART Liquor Product Received Den Road Liquor Store 242319 650 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 242412 639 BLADE TECH Training Supplies Police 1012281 624 LANDS END CORPORATE SALES Clothing&Uniforms Police 1012303 618 ADAMS PEST CONTROL INC Maintenance Contracts Fitness/Conference-Cmty Ctr 242362 614 RETROFIT COMPANIES,INC,THE Supplies-Electrical Utility Operations-General 242559 611 E A SWEEN COMPANY Merchandise for Resale Concessions 1012343 608 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1012460 605 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 242343 604 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 242184 602 SILVER STAR INDUSTRIES Equipment Parts Fleet Operating 1012492 595 GOVDELIVERY Equipment Repair&Maint Cable PEG 242610 594 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1012458 590 BRAUN INTERTEC CORPORATION Other Contracted Services Engineering 1012438 586 POMP'S TIRE SERVICE INC Tires Fleet Operating 1012362 585 LOFFLER COMPANIES INC Equipment Repair&Maint IT Operating 242431 565 COMCAST Equipment Repair&Maint Utility Operations-General 1012324 559 PARK SUPPLY OF AMERICA INC Supplies-General Bldg Public Works/Parks 1012350 555 DMX MUSIC Other Contracted Services Prairie View Liquor Store 242340 555 MINNESOTA CHIEFS OF POLICE ASSOC Tuition Reimbursement/School Police 242456 554 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 1012291 552 STREICHERS Operating Supplies Police 242297 550 D H EXCAVATING Burial&Marker Fees Pleasant Hill Cemetery 242320 550 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 242383 550 TOTAL ENTERTAINMENT Other Contracted Services Halloween Party 242556 550 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 242355 544 PINSVILLE Office Supplies City Council 1012404 543 THE OASIS GROUP Employee Assistance Organizational Services 241896 542 CENTURYLINK Telephone IT Telephone 1012273 540 CONCRETE CUTTING&CORING INC Repair&Maint.Supplies Sewer System Maintenance 242088 537 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Den Road Liquor Store 1012295 535 US HEALTHWORKS MEDICAL GROUP PC Employment Support Test Organizational Services 242365 531 SEASONAL SERVICES ON LAKE MINNETONKA Other Contracted Services Smetana Park 241966 530 GEISLINGER&SONS Outside Water Sales Escrow 242551 528 COGNITIVE VENTURES CHANHASSEN LLC Other Contracted Services Senior Center Programs 242592 518 PAPCO INC Janitor Service Fire Station#3 242575 510 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 242016 503 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 242503 498 STAPLES ADVANTAGE Office Supplies Customer Service 1012352 491 FACTORY MOTOR PARTS COMPANY Lubricants&Additives Fleet Operating 1012264 490 ADVANCED ENGINEERING&ENVIRONMENTAL SE Design&Engineering Water Wells 1012289 489 SHI CORP Software IT Operating 1012391 488 FASTENAL COMPANY Building Materials Capital Maint.&Reinvestment 1012380 487 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 242513 487 WALLACE CARLSON PRINTING Printing Assessing 242525 485 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 242595 482 PINNACLE DISTRIBUTING Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 242351 481 OXYGEN SERVICE COMPANY EMS Supplies Fire 1012385 472 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 242502 467 SPEEDPRO IMAGING INC Operating Supplies Ice Operations 1012455 467 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 1012415 466 BOYER TRUCKS Equipment Parts Fleet Operating 1012332 464 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Police City Center 1012446 458 WATSON CO INC,THE Merchandise for Resale Concessions 242303 455 E A SWEEN COMPANY Merchandise for Resale Concessions 242339 450 MARTIN-MCALLISTER Other Contracted Services Police 242440 450 ESCH CONSTRUCTION SUPPLY INC Equipment Repair&Maint Street Maintenance 242522 450 XIGENT SOLUTIONS LLC Other Contracted Services IT Operating 242342 448 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 242381 440 THINK SMALL Deposits-P&R Refunds Community Center Admin 1012405 440 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Fire Station#2 242516 434 WEIGHT WATCHERS NORTH AMERICA INC Other Contracted Services Organizational Services 1012493 431 GRAINGER Supplies-Security Fitness/Conference-Cmty Ctr 242536 425 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 242298 420 DALE GREEN COMPANY,THE Landscape Materials/Supp Capital Maint.&Reinvestment 242323 419 IEDITWEB INC Contract Svcs-Garden Romm Garden Room Repairs 242441 417 EXECUTIVE OFFICE CONCEPTS,LTD Other Hardware IT Operating 1012476 416 SLETTEN,DAN Mileage&Parking Utility Operations-General 242379 415 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1012424 411 FORCE AMERICA Equipment Parts Snow&Ice Control 242359 410 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 1012411 410 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 1012236 406 BOUNDLESS NETWORK Clothing&Uniforms Facilities Staff 242376 401 STAPLES ADVANTAGE Office Supplies Police 242405 400 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. Fire Station#1 242131 400 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 242307 400 FIRE MARSHAL ASSN OF MINNESOTA Conference/Training Fire 242444 400 FORECAST PUBLIC ART Other Contracted Services Arts 241997 394 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 1012466 391 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Capital Maint.&Reinvestment 242508 389 TESSMAN SEED CO Chemicals Park Maintenance 1012326 386 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 241900 385 COGNITIVE VENTURES CHANHASSEN LLC Other Contracted Services Senior Center Programs 242555 380 DEALER AUTOMOTIVE SERVICES INC Autos Police 1012254 379 SAMS,JOHN Travel Expense Assessing 241867 375 BOLTON&MENK INC Design&Engineering Storm Drainage 1012293 371 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 241936 369 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 241887 369 BUSWELL,DAVE Travel Expense Assessing 242449 366 GROTH MUSIC Operating Supplies Community Band 1012474 355 R&R SPECIALTIES OF WISCONSIN INC Contract Svcs-Ice Rink Ice Arena Maintenance 242301 350 DIETHELM,TAMMY L Burial&Marker Fees Pleasant Hill Cemetery 242460 350 HYDRO-VAC INC Equipment Repair&Maint Sewer System Maintenance 242483 350 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating 1012485 350 CERIDIAN Ultimate(prey.Ceridian) IT Operating 1012314 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 242578 335 KAISER,DAVID S Repair&Maint.Supplies Racquetball Check# Amount Supplier/Explanation Account Description Business Unit Comments 1012444 333 TWIN CITY SEED CO Landscape Materials/Supp Storm Drainage 242155 330 REPLENEX Equipment Parts Fleet Operating 242613 330 VERIZON WIRELESS Telephone Park Maintenance 242377 329 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs-General Bldg Garden Room Repairs 1012359 327 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 5579 325 GENESIS EMPLOYEE BENEFITS,INC HSA Health and Benefits 1012435 324 MN SUPPLY Supplies-Fire/Life/Safety Fitness/Conference-Cmty Ctr 1012243 323 INTOXIMETERS Miscellaneous DWI Forfeiture 242327 323 INDOFF INCORPORATED Office Supplies Customer Service 1012306 321 CARLSTON,BRANDON Training Supplies Police 1012307 319 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 1012367 319 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1012298 317 WATSON CO INC,THE Merchandise for Resale Concessions 1012361 316 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 1012428 316 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 242411 315 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie Village Liquor Store 1012345 311 CDW GOVERNMENT INC. Equipment Repair&Maint E-911 Program 242612 310 US FOOD CULINARY EQUIPMENT&SUPPLIES Operating Supplies Concessions 242075 307 MARSHALL'S GARDENS Operating Supplies Fall Harvest 242416 307 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 242038 302 KENDELL DOORS&HARDWARE INC Tenant 1 - -Supplies City Hall-Direct Costs 1012252 301 PIKE,JESSICA Travel Expense Assessing 242341 300 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes WAFTA 1012470 300 MCARTHUR,JANET JEREMIAH Conference/Training Community Development Admin. 1012330 295 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 1012379 295 WALL TRENDS INC Contract Svcs-Gen.Bldg City Center Operations 242560 293 EARL F ANDERSEN INC Signs Traffic Signs 1012425 291 GRAINGER Supplies-HVAC Fitness/Conference-Cmty Ctr 242488 290 OPEN PLAN SYSTEMS Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 1012479 286 TOLL GAS AND WELDING SUPPLY Equipment Parts Utility Operations-General 242364 285 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 1012463 284 DUNGAN,TRACY Mileage&Parking Park Facilities 242596 280 PRAIRIE LAWN AND GARDEN Small Tools Capital Outlay Parks 242214 280 TKO WINES,INC Liquor Product Received Den Road Liquor Store 241901 278 COMCAST Wireless Subscription IT Operating 1012491 277 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM 242329 275 IWOMEN Dues&Subscriptions Fire 5554 274 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 242588 272 OFFICE OF MN IT SERVICES Other Contracted Services Police 1012478 272 STONEBROOKE Autos Police 242493 270 PRAHA DISTRIBUTING Liquor Product Received Den Road Liquor Store 242526 270 3RD LAIR Instructor Service Special Events&Trips 1012296 270 VTI Equipment Repair&Maint Public Safety Communications 1012331 270 STONEBROOKE Equipment Parts Fleet Operating 1012504 269 NUCO2 INC Supplies-Pool Pool Maintenance 242471 264 LUBE-TECH ESI Lubricants&Additives Fleet Operating 1012322 261 MCARTHUR,JANET JEREMIAH Mileage&Parking Community Development Admin. 242574 260 HORIZON CPO SEMINARS Conference/Training Facilities Staff 1012369 259 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1012280 259 INDUSTRIAL FLOOR MAINTENANCE INC. Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 1012313 259 GETSCHOW,RICK Travel Expense Administration 241992 257 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance 242357 255 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 1012507 255 PITNEY BOWES Postage Customer Service 5569 253 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 242478 250 MINNESOTA CANINE CONSULTING,LLC Tuition Reimbursement/School Police 1012336 250 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 242078 249 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 242334 248 KEEPRS INC. Clothing&Uniforms Animal Control 242418 247 CENTURYLINK Telephone E-911 Program 1012453 242 BERNE SCALE Maintenance Contracts Water Treatment Plant 242533 241 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 242124 240 OFFICE OF THE SECRETARY OF STATE Licenses&Taxes Police 1012506 240 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 242284 238 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 242495 238 PROP United Way Withheld Health and Benefits 1012238 238 DAILEY DATA&ASSOCIATES Hardware Maintenance IT Operating 1012401 237 SINELL,STEVE Mileage&Parking Assessing 241897 235 CHACHO'S GARAGE Equipment Repair&Maint Fleet Operating 242344 235 MN COMMERCIAL ASSOCIATION OF REAL ESTATE Dues&Subscriptions Economic Development 1012431 235 METRO ELEVATOR INC Contract Svcs-Elevator Fitness/Conference-Cmty Ctr 1012311 229 FASTENAL COMPANY Safety Supplies Fleet Operating 242597 229 RIGHTWAY GLASS INC Equipment Parts Fleet Operating 241828 225 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1012399 224 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 242425 219 COMCAST Cable TV Fire 242432 218 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld Health and Benefits 242132 218 OXYGEN SERVICE COMPANY EMS Supplies Fire 1012368 218 MN SUPPLY Contract Svcs-General Bldg Ice Arena Maintenance 242192 215 SOUTHWEST SUBURBAN PUBLISHING-RETAIL Legal Notices Publishing City Clerk 241968 214 GERTENS Landscape Materials/Supp Park Maintenance 242277 211 APRES Other Rentals Theatre Initiative 1012521 211 XCEL ENERGY Electric Forest Hills Park 242439 210 EHLERS&ASSOCIATES INC Deposits Escrow 242494 210 PRINT SOURCE MINNESOTA Printing Theatre Initiative 242528 210 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1012495 209 HANSEN THORP PELLINEN OLSON Design&Engineering Storm Drainage Projects 242378 208 SUMMIT COMPANIES EMS Supplies Fire 1012418 207 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1012259 205 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 242413 203 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 1012237 203 CARLSON,PAUL Conference/Training Engineering 1012245 203 KASZYNSKI,BETH Travel Expense Engineering 242196 201 STAPLES ADVANTAGE Office Supplies Customer Service 242581 200 LIVEWELL FITNESS CENTER Other Contracted Services Fitness Admin. 1012325 200 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 1012422 199 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating 1012394 199 KARST,JOAN E Conference/Training Facilities Staff 241824 195 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 242015 195 IIMC Dues&Subscriptions City Clerk Check# Amount Supplier/Explanation Account Description Business Unit Comments 1012285 195 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 242388 194 UNIVERSITY OF MINNESOTA,VMC Canine Supplies Police 242514 192 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 242326 190 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 241850 188 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie Village Liquor Store 242450 188 GYM WORKS Repair&Maint.Supplies Fitness Center 1012318 188 KARST,JOAN E Clothing&Uniforms Facilities Staff 242524 185 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 1012445 185 VTI Equipment Repair&Maint Public Safety Communications 1012397 184 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 242436 184 E A SWEEN COMPANY Merchandise for Resale Concessions 1012413 183 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Other Contracted Services Police 241830 180 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 241868 179 BOOM ISLAND BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 242463 179 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1012433 178 MINNESOTA RECREATION&PARK ASSOCIATION Conference/Training Recreation Admin 241846 177 ASPEN MILLS Clothing&Uniforms Fire 242204 177 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1012370 175 NUCO2 INC Supplies-Pool Pool Maintenance 241903 174 CONSTRUCTION MATERIALS INC Asphalt Overlay Street Maintenance 241855 166 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 242564 165 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 242424 161 COMCAST Cable TV Fire 241827 160 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 242599 160 SCHAFFER,PHIL Instructor Service Senior Center Programs 241838 159 ALEX AIR APPARATUS INC Equipment Repair&Maint Emergency Preparedness 242465 159 INDOFF INCORPORATED Office Supplies Customer Service 242407 158 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 1012304 156 BOHNSACK,SUE Mileage&Parking Senior Center Admin 242312 156 GAMETIME Equipment Repair&Maint Prairie View Park 241999 155 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 242598 154 ROTELLE MICHAEL AR Utility Water Enterprise Fund 242423 154 COMCAST Cable TV Fire 5576 154 OPTUM HEALTH Other Contracted Services Health and Benefits 1012518 154 VIKING ELECTRIC SUPPLY Supplies-Electrical Park Shelters 242427 153 COMCAST Telephone E-911 Program 242426 151 COMCAST Cable TV Fire 1012377 150 USA SECURITY Maintenance Contracts Water Treatment Plant 1012235 149 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 1012471 148 METROPOLITAN FORD Equipment Parts Fleet Operating 242562 148 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 242422 143 COGNITIVE VENTURES CHANHASSEN LLC Other Contracted Services Senior Center Programs 242300 140 DEZENSKI,JEFFREY AR Utility Water Enterprise Fund 242419 139 CHIEF'S TOWING INC Equipment Repair&Maint Fleet Operating 242126 139 OLSEN CHAIN&CABLE Repair&Maint.Supplies Sewer System Maintenance 1012260 137 VAN PAPER COMPANY Cleaning Supplies Senior Center 1012400 137 SHINGLES,KORI Mileage&Parking Athletic Programs Admin 1012327 137 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 242151 135 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 242474 134 MARCO INC Equipment Repair&Maint IT Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 241848 133 AVIAN ACRES Operating Supplies Outdoor Center 242393 132 WEED,MICHAEL Refunds Environmental Education 241898 130 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 1012263 130 A TO Z RENTAL CENTER Operating Supplies Storm Drainage 241927 130 E A SWEEN COMPANY Merchandise for Resale Concessions 242532 127 ALADTEC INC Operating Supplies Fire 242509 127 TKO WINES,INC Liquor Product Received Den Road Liquor Store 241822 127 HEINE MINDY Conference/Training Fitness Classes 1012312 125 FLEETPRIDE INC Equipment Parts Fleet Operating 241937 125 ENVIRONMENTAL EQUIPMENT&SERVICES Equipment Parts Fleet Operating 242561 125 EDEN PRAIRIE CHAMBER OF COMMERCE Conference/Training Economic Development 242506 125 Taylor,Joshua&Julie Refunds Environmental Education 242333 124 KEEPERS Clothing&Uniforms Fire 1012403 124 STOVRING,LESLIE Mileage&Parking Storm Drainage 1012278 123 HANSEN THORP PELLINEN OLSON Design&Engineering Sewer Capital 242611 123 TITAN MACHINERY Equipment Parts Fleet Operating 1012473 122 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 242373 122 SOUTHWEST SUBURBAN PUBLISHING-RETAIL Legal Notices Publishing City Clerk 242504 122 SYVERSON,PHYLLIS Deposits-P&R Refunds Community Center Admin 241873 122 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 241823 120 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 241829 120 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 242512 120 USPCA REGION 12 Canine Supplies Police 242527 120 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 242534 120 AMK RESEARCH SERVICES,LLC Other Contracted Services Senior Center Programs 1012439 120 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Ice Arena Maintenance 242531 118 AFFILIATED EMERGENCY VETERINARY SERV Other Contracted Services Animal Control 1012300 115 WM MUELLER AND SONS INC Patching Asphalt Capital Maint.&Reinvestment 242469 115 JOHNSTONE SUPPLY Supplies-Electrical Fitness/Conference-Cmty Ctr 242601 115 SHRED-IT USA Waste Disposal City Center Operations 242615 115 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 242316 114 HASSAN YUSUF Deposits-P&R Refunds Community Center Admin 242384 112 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 1012272 111 CENTERPOINT ENERGY Gas Prairie View Liquor Store 242321 110 HENNEPIN COUNTY RESIDENT&REAL ESTATE Other Contracted Services Engineering 242361 110 REI PROPERTY MANAGEMENT Inspection Fee Housing Inspections 242518 110 WILFORD,GESKE&COOK,P.A Vacations,Admin Div General Fund 242591 109 OXYGEN SERVICE COMPANY EMS Supplies Fire 1012440 109 SPRINT Computers IT Operating 242313 109 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Building City Center Operations 1012457 108 BOUNDLESS NETWORK Clothing&Uniforms Facilities Staff 1012356 107 GRAINGER Supplies-General Bldg Public Works/Parks 242511 106 UNITED WAY United Way Withheld Health and Benefits 242443 104 FLAGSHIP RECREATION Equipment Repair&Maint Preserve Park 1012353 104 FASTSIGNS Operating Supplies Special Events(CC) 241921 103 DIRECTV Cable TV Community Center Admin 242557 103 DIRECTV Cable TV Community Center Admin 242573 103 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Park Shelters 1012316 102 JOHN DEERE LANDSCAPES/LESCO Operating Supplies Park Maintenance 1012329 100 SAMS,JOHN Travel Expense Assessing Check# Amount Supplier/Explanation Account Description Business Unit Comments 5580 100 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 242032 100 JOHNSON,JAMES W Refunds Environmental Education 242156 100 RESURRECTION CHURCH Deposits Escrow 1012416 99 BUSINESS JOURNAL,THE Dues&Subscriptions Economic Development 1012459 98 CARLSON,PAUL Mileage&Parking Engineering 1012305 98 CARLON,JOHN Mileage&Parking Utility Operations-General 1012475 97 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 242404 96 440400-NCPERS MINNESOTA PERA Health and Benefits 1012319 92 KASZYNSKI,BETH Mileage&Parking Engineering 1012246 91 LINDAHL,DAVID Mileage&Parking Economic Development 1012398 91 ROSE,ALECIA Mileage&Parking Human Resources 241826 90 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1012302 90 MILLER JENNY Mileage&Parking Assessing 1012390 89 ELLIS,ROBERT Mileage&Parking Engineering 242311 89 FOUNDATION BUSINESS SYSTEMS,LLC Other Contracted Services Fitness Center 242490 88 PETSMART Canine Supplies Police 1012360 88 LANDS END CORPORATE SALES Clothing&Uniforms Police 242589 88 OLSEN CHAIN&CABLE Operating Supplies Park Maintenance 1012366 88 MENARDS Small Tools Fitness/Conference-Cmty Ctr 1012250 86 MUNOZ,CESAR Travel Expense Police 1012522 85 ZIEGLER INC Equipment Parts Utility Operations-General 1012498 84 KIDCREATE STUDIO Instructor Service Arts Center 242457 83 HENNEPIN COUNTY MEDICAL CENTER EMS Supplies Fire 242429 83 COMCAST Cable TV Fire 1012395 83 MINNESOTA CLAY CO.USA Equipment Parts Arts Center 242291 83 CHRISTENSEN,MARJORIE Deposits-P&R Refunds Community Center Admin 242280 83 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 241967 82 Gelling Matthew Deposits-P&R Refunds Community Center Admin 242186 81 SNAP-ON TOOLS Small Tools Fleet Operating 241982 80 GROHS,DAVID Deposits Community Center Admin 242569 80 HARDIN JANICE AR Utility Water Enterprise Fund 1012396 80 OTTEN,DAN Dues&Subscriptions Inspections-Administration 1012407 80 UNDESSER,JOHN Dues&Subscriptions Inspections-Administration 1012337 80 YLITALO,DEBRA Tuition Reimbursement/School Fitness Classes 1012338 79 ZIEBOL,MATTHEW Mileage&Parking Human Resources 242464 79 INDELCO PLASTICS CORP Building Repair&Maint. Water Treatment Plant 1012427 79 JEFFERSON FIRE&SAFETY INC Repair&Maint.Supplies Fire 1012283 78 MOTOROLA Equipment Repair&Maint Public Safety Communications 1012436 78 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 241926 77 DUSTRUD,STEPHANIE Training Supplies Utility Operations-General 1012344 73 BOYER TRUCKS Equipment Parts Fleet Operating 242579 73 KEEPRS INC. Clothing&Uniforms Police 242309 73 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 242458 73 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 242039 72 KHATTAK ZESHAN Deposits-P&R Refunds Community Center Admin 1012364 72 LYNN PEAVEY COMPANY Operating Supplies Police 1012284 70 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 242558 70 DRAIN PRO PLUMBING INC Plumbing Permits General Fund 1012249 70 MPX GROUP,THE Printing Police 241909 68 CUB FOODS EDEN PRAIRIE Operating Supplies Police Check# Amount Supplier/Explanation Account Description Business Unit Comments 1012406 65 TOLL GAS AND WELDING SUPPLY Safety Supplies Fleet Operating 242062 65 LIFE SUPPORT INNOVATIONS EMS Supplies Fire 1012386 65 BREUNIG,KRISTI Operating Supplies Den Road Liquor Store 242586 64 MOUND,CITY OF Operating Supplies WAFTA 242332 62 JOHNSTONE SUPPLY Building Repair&Maint. Water Treatment Plant 1012477 62 STEEN,JEFFREY Mileage&Parking Park Maintenance 242396 62 WILLIAMS KATJANA Deposits-P&R Refunds Community Center Admin 1012423 61 FASTSIGNS Grounds Maintenance Senior Board 5565 60 VANCO SERVICES Miscellaneous Community Center Admin 241825 60 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1012393 59 GROVES,TODD Miscellaneous DWI Forfeiture 1012233 59 BECKER,DAVE Travel Expense Police 1012253 59 ROHDE,ANDREW Travel Expense Police 1012256 59 STAAF,CARTER Travel Expense Police 1012456 58 BOHNSACK,SUE Mileage&Parking Senior Center Admin 1012255 57 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 242289 56 CASTILLO STEPHANIE Deposits-P&R Refunds Community Center Admin 1012323 55 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 241821 54 WALKER,MARTHA Deposits-P&R Refunds Community Center Admin 242302 54 DIRECTV Other Contracted Services Police 242093 50 MINNESOTA BOARD OF SOCIAL WORK Other Contracted Services Housing and Community Service 242102 50 MPPOA Dues&Subscriptions Police 242205 50 SUBURBAN UTILITIES SUPERINTENDENTS ASSOC Tuition Reimbursement/School Water Treatment Plant 242584 47 MORAN MAXINE AR Utility Water Enterprise Fund 242296 46 CUB FOODS EDEN PRAIRIE Employee Award Organizational Services 242272 45 ACTIVAR PLASTIC PRODUCTS GROUP INC Repair&Maint.Supplies Water Treatment Plant 1012242 45 1NTEREUM INC Supplies-Pool Pool Maintenance 5564 45 VANCO SERVICES Miscellaneous Community Center Admin 242608 44 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 242392 43 WALKER CHRYSLER JEEP Equipment Parts Fleet Operating 242580 42 KERNEL CONCESSION SUPPLY Fire Prevention Supplies Fire 1012270 41 BOUND TREE MEDICAL LLC EMS Supplies Fire 242053 40 LAMBERTY,DAVID Deposits Community Center Admin 242103 40 Munkvold Mary M Deposits Community Center Admin 242162 40 ROONEY,PAUL&AUDREY Deposits Community Center Admin 1012497 38 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1012251 37 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 1012328 37 RAHIMI,RENEE Tuition Reimbursement/School Fitness Classes 242482 36 MINNESOTA VISITING NURSE AGENCY Deposits Escrow 242385 35 TUCKER,KATE Deposits-P&R Refunds Community Center Admin 242387 34 UNIFORMS UNLIMITED Clothing&Uniforms Police 242428 34 COMCAST Wireless Subscription IT Operating 242292 32 CLEAN N PRESS MTKA Clothing&Uniforms Police 1012516 31 ULINE Postage City Center Operations 242515 31 WAYTEK INC Equipment Parts Fleet Operating 241929 30 EDEN PRAIRIE CHAMBER OF COMMERCE Conference/Training Economic Development 242550 30 CLEAN N PRESS MTKA Clothing&Uniforms Police 242434 30 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 242349 30 OPHOVEN SAW SERVICE Equipment Repair&Maint Senior Center Programs 1012451 29 ZIEGLER INC Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 241960 28 GARELICK STEEL CO INC Equipment Repair&Maint Street Maintenance 1012241 27 FASTENAL COMPANY Repair&Maint.Supplies Water System Maintenance 5574 26 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION Pension payment-PERA Health and Benefits 241916 25 Devitt Nancy M Deposits Community Center Admin 241974 25 Goodrich Elizabeth A Deposits Community Center Admin 242008 25 Holt Edwin G Deposits Community Center Admin 242050 25 Krulik Jeffrey R Deposits Community Center Admin 242101 25 MOULDER,ROBERT&SHARI Deposits Community Center Admin 242122 25 Nyren Amy E Deposits Community Center Admin 242208 25 Swanson Bruce L Deposits Community Center Admin 242400 25 WOMEN IN LEISURE SERVICES Dues&Subscriptions Youth Programs Admin 242565 25 GRAHAM JEFF Outside Water Sales Water Enterprise Fund 242421 25 CLEAN N PRESS MTKA Clothing&Uniforms Police 242345 23 MPCA Licenses&Taxes Sewer Utility-General 242409 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 241998 22 HENNEPIN COUNTY TREASURER Licenses&Taxes Police 1012257 20 STONEBROOKE Equipment Parts Fleet Operating 241834 20 AGRAWAL,SURYA Deposits Community Center Admin 241835 20 Ahmad Asma Deposits Community Center Admin 241836 20 Ahmed Farhan Deposits Community Center Admin 241837 20 Albrecht Greg P Deposits Community Center Admin 241839 20 Altmann Gina Deposits Community Center Admin 241840 20 Anderson Barbara J Deposits Community Center Admin 241841 20 Anderson Joan C Deposits Community Center Admin 241842 20 Anderson Linda K Deposits Community Center Admin 241843 20 Anderson Martha Deposits Community Center Admin 241844 20 Ansel Ione J Deposits Community Center Admin 241847 20 Astbury Adriana A Deposits Community Center Admin 241849 20 Barker Kyle J Deposits Community Center Admin 241853 20 Bent Brian R Deposits Community Center Admin 241854 20 Bent Dana S Deposits Community Center Admin 241856 20 Berry Jack W Deposits Community Center Admin 241857 20 Berryman Sherril K Deposits Community Center Admin 241858 20 Berthold Maureen S Deposits Community Center Admin 241859 20 Bigley Deborah M Deposits Community Center Admin 241860 20 Bigley Ron L Deposits Community Center Admin 241861 20 Bilse Gerald Deposits Community Center Admin 241862 20 Bird Daniel Deposits Community Center Admin 241865 20 BLOMSTER HOLLY Deposits Community Center Admin 241866 20 Boe Michelle Deposits Community Center Admin 241869 20 Boomgaarden Shanna S Deposits Community Center Admin 241870 20 Bootsma Jan R Deposits Community Center Admin 241871 20 Bordson-Nolle Paul A Deposits Community Center Admin 241872 20 Borgman Pam Deposits Community Center Admin 241874 20 BRAATEN KRISTOPHER J Deposits Community Center Admin 241875 20 BRANDT,ANDRIA Deposits Community Center Admin 241876 20 BRETHORST BRITTANY R Deposits Community Center Admin 241877 20 Brogan Matthew S Deposits Community Center Admin 241878 20 Brogan Victoria T Deposits Community Center Admin 241879 20 BROOKS,SARAH Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 241880 20 Brown Arlene Deposits Community Center Admin 241881 20 BROWN LINDA Deposits Community Center Admin 241882 20 Brown Paul J Deposits Community Center Admin 241883 20 Brown Thomas D Deposits Community Center Admin 241884 20 Bryan Emily P Deposits Community Center Admin 241885 20 Burton Bradley Deposits Community Center Admin 241886 20 Burton Heather Deposits Community Center Admin 241889 20 CAMPBELL,MARY Deposits Community Center Admin 241890 20 Carlson John C Deposits Community Center Admin 241891 20 Carlson June L Deposits Community Center Admin 241892 20 Carstens Michele Deposits Community Center Admin 241893 20 Casanova Diane F Deposits Community Center Admin 241894 20 Casanova Michael J Deposits Community Center Admin 241899 20 Claus Robert Deposits Community Center Admin 241902 20 Conners Donna Deposits Community Center Admin 241905 20 Cregg Wendy Deposits Community Center Admin 241906 20 Croes Charles D Deposits Community Center Admin 241907 20 Croes Nancy J Deposits Community Center Admin 241908 20 Cross Cindy J Deposits Community Center Admin 241910 20 Curry Jennifer B Deposits Community Center Admin 241911 20 Dakay Alan Deposits Community Center Admin 241912 20 Davis William H Deposits Community Center Admin 241913 20 Dengel Donald R Deposits Community Center Admin 241914 20 Dengel Jana L Deposits Community Center Admin 241917 20 DIEDRICH,ANGELA Deposits Community Center Admin 241918 20 DIEDRICH,PATRICK Deposits Community Center Admin 241919 20 DiGiacomo Jacqueline D Deposits Community Center Admin 241920 20 Ding Jane Deposits Community Center Admin 241922 20 Dockery Laura Deposits Community Center Admin 241923 20 Dorsen Dinah Deposits Community Center Admin 241924 20 Dover Julie A Deposits Community Center Admin 241925 20 DUKART,CARLETTA Deposits Community Center Admin 241928 20 Echeverria Maria A Deposits Community Center Admin 241932 20 Eidem Kris Deposits Community Center Admin 241933 20 Elieff Chryle Deposits Community Center Admin 241934 20 ELLSWORTH,RYAN Deposits Community Center Admin 241935 20 Enger Stacy L Deposits Community Center Admin 241938 20 Ericson Gail M Deposits Community Center Admin 241939 20 Ericson Kenneth J Deposits Community Center Admin 241940 20 Ei titian Lori K Deposits Community Center Admin 241941 20 Eul Chad Deposits Community Center Admin 241942 20 Eul Chelsey Deposits Community Center Admin 241943 20 EVEN LYNETTE Deposits Community Center Admin 241944 20 Faber Michaela R Deposits Community Center Admin 241945 20 Fagerstrom Francis D Deposits Community Center Admin 241946 20 Fagerstrom Marcia B Deposits Community Center Admin 241947 20 Finelli Sheryl J Deposits Community Center Admin 241948 20 Firdaus Shadabi Deposits Community Center Admin 241950 20 Fisher Scott Deposits Community Center Admin 241951 20 Focken Randy S Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 241952 20 Foote Christopher Deposits Community Center Admin 241953 20 Forsberg Janice M Deposits Community Center Admin 241954 20 Frances Cathy J Deposits Community Center Admin 241955 20 Franzen Roxanne Deposits Community Center Admin 241956 20 Frisch Benjamin Deposits Community Center Admin 241957 20 Gabbert Barbara L Deposits Community Center Admin 241958 20 Gaebel Cheryl Deposits Community Center Admin 241959 20 Gailloux Mark J Deposits Community Center Admin 241961 20 Gasner Daniel J Deposits Community Center Admin 241962 20 Gasner Kris A Deposits Community Center Admin 241963 20 Gavin Mark Deposits Community Center Admin 241964 20 Geis Kendall D Deposits Community Center Admin 241965 20 Geis Lisa M Deposits Community Center Admin 241969 20 Gilje Curtis P Deposits Community Center Admin 241970 20 Godiwalla Yazad Deposits Community Center Admin 241971 20 Goergen David M Deposits Community Center Admin 241972 20 Gooding Patricia Deposits Community Center Admin 241973 20 Gooding William Deposits Community Center Admin 241975 20 Goodwin Barbara Deposits Community Center Admin 241976 20 Goodwin Bruce Deposits Community Center Admin 241977 20 Gorski Sarah L Deposits Community Center Admin 241978 20 Grant Robert C Deposits Community Center Admin 241980 20 GRAVELLE CHARLIE E Deposits Community Center Admin 241983 20 Grundmayer Julie Deposits Community Center Admin 241984 20 GRUSSING GUY Deposits Community Center Admin 241985 20 Guo Jiawei Deposits Community Center Admin 241986 20 Guttman Joseph E Deposits Community Center Admin 241987 20 HAGEBAK DANIEL Deposits Community Center Admin 241988 20 Hagglund Kelly Deposits Community Center Admin 241989 20 HALVERSON ADELAINE Deposits Community Center Admin 241990 20 Handahl Lukas H Deposits Community Center Admin 241991 20 HANSEN AUGUST Deposits Community Center Admin 241993 20 Heaton Ryan K Deposits Community Center Admin 241994 20 Heggestad Darlene A Deposits Community Center Admin 241995 20 Heim Nancy J Deposits Community Center Admin 242000 20 Herzog Jonathan J Deposits Community Center Admin 242001 20 Hiller Pamela S Deposits Community Center Admin 242002 20 Hipps Carol T Deposits Community Center Admin 242003 20 Hipps Merrimon T Deposits Community Center Admin 242004 20 Ho Wang Y Deposits Community Center Admin 242005 20 Hoffer Linda Deposits Community Center Admin 242007 20 Holden Charles S Deposits Community Center Admin 242011 20 Hubbard Rose L Deposits Community Center Admin 242012 20 Hupp Susan Deposits Community Center Admin 242013 20 HUWAITAT,ATALLAH Deposits Community Center Admin 242020 20 JACOBSON KIMBERLY Deposits Community Center Admin 242021 20 Jayasuriya Krishanthi K Deposits Community Center Admin 242022 20 Jayasuriya Lawrence Deposits Community Center Admin 242023 20 Jefferson Michael A Deposits Community Center Admin 242024 20 Jefferson Sheila K Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 242027 20 Johnson Justin Deposits Community Center Admin 242028 20 Johnson Katie L Deposits Community Center Admin 242029 20 Johnson Michael P Deposits Community Center Admin 242031 20 Johnson William R Deposits Community Center Admin 242033 20 JOHNSTON,PHYLLIS Deposits Community Center Admin 242034 20 Jorgenson Michelle H Deposits Community Center Admin 242035 20 Josephson Nancy L Deposits Community Center Admin 242036 20 KARAGOEZ NIDA Deposits Community Center Admin 242037 20 Kauls Nichole L Deposits Community Center Admin 242040 20 KIRCHOFF,CATHLEEN Deposits Community Center Admin 242041 20 KNAPP BYRON Deposits Community Center Admin 242042 20 Knoll Patricia Deposits Community Center Admin 242043 20 Knoll Richard Deposits Community Center Admin 242044 20 Kortum Katie S Deposits Community Center Admin 242045 20 Kothari Sudha Deposits Community Center Admin 242046 20 KOTHURI PRAMOD Deposits Community Center Admin 242047 20 Kotonias Kendra J Deposits Community Center Admin 242049 20 Krenik Karen D Deposits Community Center Admin 242051 20 Kruse Linda L Deposits Community Center Admin 242052 20 Kruse Timothy P Deposits Community Center Admin 242054 20 Landsteiner Linda M Deposits Community Center Admin 242055 20 Lasinker Edward M Deposits Community Center Admin 242056 20 Lauro Susanna E Deposits Community Center Admin 242057 20 Legand Paula J Deposits Community Center Admin 242058 20 LEITER ANN Deposits Community Center Admin 242059 20 Lejcher Brent M Deposits Community Center Admin 242060 20 Lesnau Jerry Deposits Community Center Admin 242061 20 Lesnau Mary E Deposits Community Center Admin 242063 20 Lind Debra E Deposits Community Center Admin 242064 20 Link Kathy R Deposits Community Center Admin 242065 20 Lonning Julianne M Deposits Community Center Admin 242066 20 Lonning Richard B Deposits Community Center Admin 242067 20 Lux Paul A Deposits Community Center Admin 242068 20 Maalim Fukhrudin Deposits Community Center Admin 242069 20 MacPhail Stephanie L Deposits Community Center Admin 242070 20 Manbeck Angela M Deposits Community Center Admin 242072 20 Marble Kimberly Deposits Community Center Admin 242073 20 Markovich Diane J Deposits Community Center Admin 242074 20 Marold Robert L Deposits Community Center Admin 242076 20 MARTINI VICKI Deposits Community Center Admin 242077 20 Marty Bridget M Deposits Community Center Admin 242079 20 MCCANN KATHLEEN Deposits Community Center Admin 242080 20 McCanna Mary Deposits Community Center Admin 242081 20 McCarty Carla P Deposits Community Center Admin 242082 20 McDaniel Christina A Deposits Community Center Admin 242083 20 McGrail Thomas K Deposits Community Center Admin 242084 20 McGrath Michelle M Deposits Community Center Admin 242089 20 Mikkelson Ann Marie Deposits Community Center Admin 242090 20 MIKKELSON,SCOTT Deposits Community Center Admin 242091 20 Miller Maria L Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 242092 20 Miller Timothy R Deposits Community Center Admin 242098 20 Moe Patricia A Deposits Community Center Admin 242099 20 Mohr Danielle A Deposits Community Center Admin 242100 20 Moodie David A Deposits Community Center Admin 242104 20 Murdo Monica B Deposits Community Center Admin 242105 20 Myers Marcy Deposits Community Center Admin 242107 20 Natal Stacy W Deposits Community Center Admin 242108 20 Natarajan Sriram Deposits Community Center Admin 242109 20 Nauman Thomas C Deposits Community Center Admin 242110 20 Navratil Bonita M Deposits Community Center Admin 242111 20 Nehl James M Deposits Community Center Admin 242112 20 Nemec Darla J Deposits Community Center Admin 242114 20 Nguyen Hoa Deposits Community Center Admin 242115 20 Nguyen Vy T Deposits Community Center Admin 242116 20 Nicholls Jane A Deposits Community Center Admin 242117 20 Nicholls Kenneth Deposits Community Center Admin 242118 20 Nickel Jane G Deposits Community Center Admin 242119 20 Noel Claudia Deposits Community Center Admin 242120 20 Noel Richard J Deposits Community Center Admin 242123 20 Oen Robert E Deposits Community Center Admin 242125 20 OLMSTEAD,JACKIE L Deposits Community Center Admin 242127 20 Olson Patricia D Deposits Community Center Admin 242128 20 Ordorff Kelly Deposits Community Center Admin 242129 20 Orrock Judy Deposits Community Center Admin 242130 20 Osborne Diane Deposits Community Center Admin 242133 20 Palmer Kathleen A Deposits Community Center Admin 242134 20 Palmisano Mary 0 Deposits Community Center Admin 242135 20 PANKRATZ,KAREN Deposits Community Center Admin 242136 20 Paulsen Ann M Deposits Community Center Admin 242137 20 Paulsen Jeffrey L Deposits Community Center Admin 242140 20 Pena Carrie Deposits Community Center Admin 242141 20 Peters Calvin P Deposits Community Center Admin 242142 20 Peterson Harriet A Deposits Community Center Admin 242143 20 Peterson John P Deposits Community Center Admin 242144 20 PETERSON KATIE Deposits Community Center Admin 242145 20 Peterson Margorie D Deposits Community Center Admin 242148 20 Poonawala Huzefa Deposits Community Center Admin 242149 20 Poonawala Shireen Deposits Community Center Admin 242150 20 Porta Charles L Deposits Community Center Admin 242152 20 PRONDZINSKI,COREY Deposits Community Center Admin 242153 20 PURI,RAJSHREE Deposits Community Center Admin 242154 20 Rao Mamatha Deposits Community Center Admin 242157 20 Riggs Kristy Deposits Community Center Admin 242158 20 Ringquist Anne L Deposits Community Center Admin 242159 20 Ringquist Johnathan J Deposits Community Center Admin 242160 20 Rislove Ross A Deposits Community Center Admin 242161 20 Roisman Glenn Deposits Community Center Admin 242163 20 Rosch George Deposits Community Center Admin 242164 20 RUDY,LLOYD Deposits Community Center Admin 242165 20 RUIZ NORMA Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 242166 20 Salihovic Resko Deposits Community Center Admin 242167 20 Schaffer Marjorie A Deposits Community Center Admin 242168 20 SCHLECK BRENT Deposits Community Center Admin 242169 20 Schlundt John Deposits Community Center Admin 242170 20 Schmidt Janet M Deposits Community Center Admin 242171 20 Schmidt Karen E Deposits Community Center Admin 242172 20 Schmidt Michael N Deposits Community Center Admin 242173 20 Schmidt Phillip A Deposits Community Center Admin 242174 20 Schmidt Rachel Deposits Community Center Admin 242175 20 Schuster Allison H Deposits Community Center Admin 242176 20 Sexton Lana Deposits Community Center Admin 242177 20 Shah Vanita Deposits Community Center Admin 242178 20 Sheley Jeff W Deposits Community Center Admin 242179 20 Shi Tuo Deposits Community Center Admin 242180 20 Shonts Lynne B Deposits Community Center Admin 242181 20 Shrestha Rinku Deposits Community Center Admin 242182 20 SHRESTHA,SHRUTI Deposits Community Center Admin 242185 20 Slaton Chandler Deposits Community Center Admin 242187 20 Soderberg Cathy Deposits Community Center Admin 242188 20 Soderberg Scott Deposits Community Center Admin 242189 20 Solem Nancy A Deposits Community Center Admin 242190 20 Solem Thomas A Deposits Community Center Admin 242194 20 SPHATT,LISA Deposits Community Center Admin 242195 20 Sprague Linda M Deposits Community Center Admin 242197 20 STAPLES MARY Deposits Community Center Admin 242198 20 Stender Patricia C Deposits Community Center Admin 242199 20 Stender Scott F Deposits Community Center Admin 242200 20 Stevens Brian W Deposits Community Center Admin 242201 20 Stewart Charles C Deposits Community Center Admin 242202 20 Stokfisz Michael R Deposits Community Center Admin 242203 20 Straub Garret Deposits Community Center Admin 242206 20 Sutermeister Gracia F Deposits Community Center Admin 242207 20 Svendsen Juliana L Deposits Community Center Admin 242209 20 Syverson Harlan A Deposits Community Center Admin 242210 20 Tang Benchamin Deposits Community Center Admin 242211 20 Taylor Angela Deposits Community Center Admin 242212 20 Thompson Anne E Deposits Community Center Admin 242213 20 Thompson Katie M Deposits Community Center Admin 242215 20 Tobias Judy G Deposits Community Center Admin 242216 20 Truax Carol J Deposits Community Center Admin 242217 20 Tsuchiya Cheral M Deposits Community Center Admin 242218 20 Tuck Julie R Deposits Community Center Admin 242219 20 TURK BLAINE Deposits Community Center Admin 242220 20 Turk Douglas A Deposits Community Center Admin 242221 20 Udupa Alaya R Deposits Community Center Admin 242222 20 Udupa Padmini S Deposits Community Center Admin 242223 20 Uecker Blake M Deposits Community Center Admin 242224 20 Unke Crystal M Deposits Community Center Admin 242225 20 Unke Reid L Deposits Community Center Admin 242226 20 Urbanski Jennifer L Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 242227 20 Urbanski John A Deposits Community Center Admin 242228 20 Vaala Evan Deposits Community Center Admin 242229 20 Vaala Kathryn J Deposits Community Center Admin 242230 20 VanLangendon Jeffrey R Deposits Community Center Admin 242231 20 VANNI PETER Deposits Community Center Admin 242232 20 Veldkamp Barbara K Deposits Community Center Admin 242233 20 Veldkamp Dean E Deposits Community Center Admin 242234 20 Veldkamp Lucas D Deposits Community Center Admin 242235 20 Vlasaty Jennifer Deposits Community Center Admin 242236 20 Vortherms Kelly Deposits Community Center Admin 242237 20 Walker Dan P Deposits Community Center Admin 242238 20 Walker Kirsten E Deposits Community Center Admin 242239 20 Wang Chuanfeng A Deposits Community Center Admin 242240 20 Waters-McCabe Terese Deposits Community Center Admin 242242 20 Weber Frank J Deposits Community Center Admin 242243 20 Weber James Deposits Community Center Admin 242244 20 Weber Jeffrey W Deposits Community Center Admin 242245 20 Weber Julie Deposits Community Center Admin 242246 20 Weber Mark A Deposits Community Center Admin 242247 20 Weber Mary Jane Deposits Community Center Admin 242248 20 Weber Roma G Deposits Community Center Admin 242249 20 Wenzel Patricia Deposits Community Center Admin 242250 20 WEST BARBARA Deposits Community Center Admin 242251 20 West Dale T Deposits Community Center Admin 242252 20 Wiese Kimberly K Deposits Community Center Admin 242253 20 Williams Kenneth A Deposits Community Center Admin 242254 20 WILSEY SHANNON Deposits Community Center Admin 242255 20 WILSON LISA Deposits Community Center Admin 242259 20 WITTE,PAMELA Deposits Community Center Admin 242260 20 Woodard Dale Deposits Community Center Admin 242261 20 Wroblewski JoAnn Deposits Community Center Admin 242262 20 WU,TONG Deposits Community Center Admin 242263 20 YELLAMBALLA PRAGNYA Deposits Community Center Admin 242265 20 Young Brenda Deposits Community Center Admin 242266 20 Yuan Jianping Deposits Community Center Admin 242267 20 Zhuang Xuelin Deposits Community Center Admin 242268 20 Ziebol Colleen A Deposits Community Center Admin 242269 20 Zuppan Paul M Deposits Community Center Admin 242437 20 EDEN PRAIRIE CHAMBER OF COMMERCE Other Contracted Services Housing and Community Service 242544 20 Brown Arlene Deposits Community Center Admin 242571 20 HENNEPIN VILLAGE MASTER ASSOC City Building Rental City Center Operations 1012231 20 AJITAPRASAD,BEENA Deposits Community Center Admin 242470 20 KEEPRS INC. Clothing&Uniforms Fire 242552 17 COMCAST Other Contracted Services Police 1012517 16 UPS Miscellaneous IT Operating 242293 14 COMCAST Cable TV Fire 1012468 12 JOHNSTONE SUPPLY Supplies-Plumbing City Center Operations 242337 12 LAMBERT MARY Deposits-P&R Refunds Community Center Admin 242568 11 HANCE ACE HARDWARE Equipment Parts Fleet Operating 1012464 11 FASTENAL COMPANY Operating Supplies Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 242308 11 FISCHER,DELORES Deposits-P&R Refunds Community Center Admin 242094 10 MINNESOTA DEPT OF PUBLIC SAFETY Operating Supplies Trips 242479 10 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses,Permits,Taxes Fire Station#4 242481 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 242590 10 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Utility Operations-General 1012347 10 CONCRETE CUTTING&CORING INC Equipment Parts Utility Operations-General 1012232 10 BATTERIES PLUS Operating Supplies Police 242442 8 FISERV INC Bank and Service Charges Water Accounting 242287 7 BUTLER,JOYCE Deposits-P&R Refunds Community Center Admin 242335 7 KRAMER,AUDREY Deposits-P&R Refunds Community Center Admin 242430 6 COMCAST Cable TV Fire 242402 6 ZHU,JIN AR Utility Water Enterprise Fund 242183 5 SIGNATURE POOLS Deposits Escrow 241931 5 EDEN PRAIRIE SCHOOL DISTRICT Operating Supplies Internal Events 242602 4 SNAP-ON TOOLS Small Tools Fleet Operating 242096 3 MINNESOTA WANNER COMPANY Landscape Materials/Supp Street Maintenance 242294 2 COMCAST Other Contracted Services Police 7,893,959 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Report of City Manager November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B.1. Rick Getschow, Office of the Approve Special Assessment with Kris T. City Manager Ichimura and Dennis Hosek for Property Assessed Clean Energy(PACE) Project Requested Council Action Move to: Adopt the Resolution approving a special assessment with Kris T. Ichimura and Dennis Hosek for a Property Assessed Clean Energy(PACE) Project. Synopsis To finance and manage PACE improvements, the City entered into a joint powers agreement on 11/19/2013 with the St. Paul Port Authority to implement the PACE program in Eden Prairie. This agreement was amended on 11/17/2015. As part of the agreement the City agreed to place special assessments on the properties to finance PACE projects. The St. Paul Port Authority has completed its first PACE project for the City of Eden Prairie. The project is a $173,000 solar project for World Auto Parts on 14590 Martin Drive. The St. Paul Port Authority is now requesting the City approve the related special assessment for the project. The business owners have completed an application and have petitioned for the special assessment. Background The PACE program was created in 2008 to address barriers of retrofitting buildings to be more energy efficient. The program allows property owners to borrow money from newly established municipal financing districts to finance energy retrofits (efficiency and renewable energy measures) and repay the loan through an annual special tax on their property bill. 31 states and the District of Columbia have adopted legislation that enables local governments to offer PACE benefits to building owners. The 2010 Minnesota legislation specific to PACE allows local governments to offer PACE programs and to designate another authority as the implementing entity. Attachment Resolution Assessment Payment Schedule CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- APPROVING AGREEMENT AND ADOPTING ASSESSMENT WHEREAS, Minnesota Statues §§ 216C.435 and 216C.436 ("the Act") authorizes the City of Eden Prairie to finance energy improvements using special assessments on residential, commercial and industrial properties where owners have petitioned for special assessments to repay the financing; and WHEREAS, the City of Eden Prairie entered into a joint powers agreement with the Port Authority of the City of Saint Paul on November 19, 2013, to administer the Act on behalf of the City; and WHEREAS, the City of Eden Prairie agreed to impose special assessments pursuant to Minnesota Statutes, Chapter 429 to pay for the improvements; and WHEREAS, the City of Eden Prairie has received a Special Assessment Petition from EPB Co, LLC, a Minnesota Limited Liability Company (the "Property Owner"), signed by Kris Ichimura, the Manager of EPB Co., LLC, and Dennis Hosek, waiving its rights to a special assessment hearing and petitioning for a special assessment to repay the cost of the improvements; and WHEREAS, the City of Eden Prairie has received a Special Assessment Waiver, waiving Property Owner's rights to appeal the assessment. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA: 1. The Special Assessment Agreement with Property Owner is accepted. 2. The proposed assessment in the principal amount of $173,000.00, a copy of which is attached hereto and made a part hereof, is hereby adopted and shall constitute the special assessment against the property named therein, and each tract of property therein included is hereby found to be benefited by the proposed improvements in the amount of the assessment levied against it. 3. Such assessment shall be payable in equal annual installments including principal and interest, over a period of ten (10) years with interest at the rate of 4.5% per annum. Interest shall begin to accrue on January 1, 2016. Each annual installment shall be in the amount annually required to pay the principal over the period of ten (10) years with interest at the rate of 4.5% per annum. The first installment shall be payable with taxes payable in 2016. 4. The Property Owner may prepay the whole of the assessment on the Property at any time to the City pursuant to Minn. Stat. § 429.061, subd. 3. Any prepayment made under this paragraph must include all installments due to and including December 31 of the year of prepayment, together with the original principal amount reduced only by the amounts of principal included in such installments, computed on an annual amortization basis. Prepayments must be made before November 15 of any year or all installments due to and including December 31 of the next succeeding year will be charged. 5. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County 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. ADOPTED by the City Council of the City of Eden Prairie this 17th day of November, 2015. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk City of Eden Prairie Assessment Payment Schedule Property ID 09-116-22-44-0036 Original Assessment:$173,000.00 Partial Payments:$0.00 Payment Term: 10 1st Yr.Int.Months: 12 Interest Rate:4.5000% Levied Date: 11/17/2015 1st Yr.Payable:2016 Total Principal:$173,000.00 Amortization Type:A3 Total Interest:$45,635.36 Grand Total:$218,635.36 Payment# Year Principal Amt Interest Amt Payment Amt Remaining Balance 1 2016 $14,078.54 $7,785.00 $21,863.54 $158,921.46 2 2017 $14,712.07 $7,151.47 $21,863.54 $144,209.39 3 2018 $15,374.12 $6,489.42 $21,863.54 $128,835.27 4 2019 $16,065.95 $5,797.59 $21,863.54 $112,769.32 5 2020 $16,788.92 $5,074.62 $21,863.54 $95,980.40 6 2021 $17,544.42 $4,319.12 $21,863.54 $78,435.98 7 2022 $18,333.92 $3,529.62 $21,863.54 $60,102.06 8 2023 $19,158.95 $2,704.59 $21,863.54 $40,943.11 9 2024 $20,021.10 $1,842.44 $21,863.54 $20,922.01 10 2025 $20,922.01 $941.49 $21,863.50 $0.00 CITY COUNCIL AGENDA DATE: SECTION: Report of City Manager November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.2. Rick Getschow, Office of the Approve Special Assessment with One City Manager Southwest Crossing (OSWX) Property, LLC for Property Assessed Clean Energy(PACE) Project Requested Council Action Move to: Adopt the Resolution approving a special assessment for OSWX Property, LLC, for a Property Assessed Clean Energy(PACE) Project Synopsis To finance and manage PACE improvements, the City entered into a joint powers agreement on 11/19/2013 with the St. Paul Port Authority to implement the PACE program in Eden Prairie. This agreement was amended on 11/17/2015. As part of the agreement the City agreed to place special assessments on the properties to finance PACE projects. The St. Paul Port Authority has completed its second PACE project for the City of Eden Prairie with OSWX Property, LLC located at 11095 Viking Drive. The project is a$2,000,000 energy retrofit of mechanical, DDC controls and lighting systems. The St. Paul Port Authority is now requesting the City approve the related special assessment for the project. The business owners have completed an application and have petitioned for the special assessment. Background The PACE program was created in 2008 to address barriers of retrofitting buildings to be more energy efficient. The program allows property owners to borrow money from newly established municipal financing districts to finance energy retrofits (efficiency and renewable energy measures) and repay the loan through an annual special tax on their property bill. 31 states and the District of Columbia have adopted legislation that enables local governments to offer PACE benefits to building owners. The 2010 Minnesota legislation specific to PACE allows local governments to offer PACE programs and to designate another authority as the implementing entity. Attachment Resolution Assessment Payment Schedule CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- APPROVING AGREEMENT AND ADOPTING ASSESSMENT WHEREAS, Minnesota Statues §§ 216C.435 and 216C.436 ("the Act") authorizes the City of Eden Prairie to finance energy improvements using special assessments on residential, commercial and industrial properties where owners have petitioned for special assessments to repay the financing; and WHEREAS, the City of Eden Prairie entered into a joint powers agreement with the Port Authority of the City of Saint Paul on November 19, 2013, to administer the Act on behalf of the City; and WHEREAS, the City of Eden Prairie agreed to impose special assessments pursuant to Minnesota Statutes, Chapter 429 to pay for the improvements; and WHEREAS, the City of Eden Prairie has received a Special Assessment Petition from OSWX Property, LLC ("Property Owner"), an Arizona Limited Liability Company, signed by Michael M. Moore, Manager of OSWX Property, LLC through separate LLC, waiving its rights to a special assessment hearing and petitioning for a special assessment to repay the cost of the improvements; and WHEREAS, the City of Eden Prairie has received a Special Assessment Waiver, waiving Property Owner's rights to appeal the assessment. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA: 1. The Special Assessment Agreement with Property Owner is accepted. 2. The proposed assessment in the principal amount of $2,000,000.00, a copy of which is attached hereto and made a part hereof, is hereby adopted and shall constitute the special assessment against the property named therein, and each tract of property therein included is hereby found to be benefited by the proposed improvements in the amount of the assessment levied against it. 3. Such assessment shall be payable in equal annual installments including principal and interest, over a period of twelve (12) years with interest at the rate of 5.5% per annum. Interest shall begin to accrue on January 1, 2016. Each annual installment shall be in the amount annually required to pay the principal over the period of twelve (12) years with interest at the rate of 5.5% per annum. The first installment shall be payable with taxes payable in 2016. 4. The Property Owner may prepay the whole of the assessment on the Property at any time to the City pursuant to Minn. Stat. § 429.061, subd. 3. Any prepayment made under this paragraph must include all installments due to and including December 31 of the year of prepayment, together with the original principal amount reduced only by the amounts of principal included in such installments, computed on an annual amortization basis. Prepayments must be made before November 15 of any year or all installments due to and including December 31 of the next succeeding year will be charged. 5. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County 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. ADOPTED by the City Council of the City of Eden Prairie this 17th day of November, 2015. Nancy Tyra-Lukens, Mayor SEAL ATTEST: Kathleen Porta, City Clerk I City of Eden Prairie Assessment Payment Schedule Property ID 13-116-22-22-0013 Original Assessment:$2,000,000.00 Partial Payments:$0.00 Payment Term: 12 1st Yr.Int.Months: 12 Interest Rate:5.5000% Levied Date: 11/17/2015 1st Yr.Payable:2016 Total Principal:$2,000,000.00 Amortization Type:A3 Total Interest:$784,701.56 Grand Total:$2,784,701.56 Payment# Year Principal Amt Interest Amt Payment Amt Remaining Balance 1 2016 $122,058.46 $110,000.00 $232,058.46 $1,877,941.54 2 2017 $128,771.68 $103,286.78 $232,058.46 $1,749,169.86 3 2018 $135,854.12 $96,204.34 $232,058.46 $1,613,315.74 4 2019 $143,326.09 $88,732.37 $232,058.46 $1,469,989.65 5 2020 $151,209.03 $80,849.43 $232,058.46 $1,318,780.62 6 2021 $159,525.53 $72,532.93 $232,058.46 $1,159,255.09 7 2022 $168,299.43 $63,759.03 $232,058.46 $990,955.66 8 2023 $177,555.90 $54,502.56 $232,058.46 $813,399.76 9 2024 $187,321.47 $44,736.99 $232,058.46 $626,078.29 10 2025 $197,624.15 $34,434.31 $232,058.46 $428,454.14 11 2026 $208,493.48 $23,564.98 $232,058.46 $219,960.66. 12 2027 $219,960.66 $12,097.84 $232,058.50 $0.00 1 CITY COUNCIL AGENDA DATE: SECTION: Report of the City Manager November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.3. Rick Getschow, City Manager Backyard Chicken Keeping Requested Action Provide direction to staff on how to proceed with the request to allow the raising of backyard chickens. Background Over the past few years, the City Council has periodically heard from residents who would like to raise chickens in their backyards, but are prohibited to do so per city ordinance. After the issue was raised again through a resident petition, and acknowledging that neighboring cities have recently changed their ordinances to allow backyard chickens, the Council instructed City staff to solicit additional input from the community. The "Backyard Chickens in Eden Prairie" discussion was posted to on CITY CONNECT in early August. At the September 1, 2015 City Council workshop, the feedback from CITY CONNECT was presented and discussed by the City Council. At that time, the City Council consensus was to not move forward at the present time with an ordinance revision that would allow backyard chickens. Before considering this issue again, a question could be posed in the next citywide community survey regarding the community's desire to allow backyard chickens in Eden Prairie. At the Oct 6 City Council meeting, and following open podium discussion, the Council directed staff to research the policies and practices of other metro cities. That research is included in this packet along with the materials that were previously presented to the City Council at the September 1 Council workshop. Attachments • Packet materials from September 1, 2015, Council workshop • Staff Research Memorandum AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 1, 2015 CITY CENTER 5:00—6:25 PM,HERITAGE ROOMS 6:30—6:55 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop- Heritage Room II I. BACKYARD CHICKENS (5:30-6:00) II. SIGN UPDATE (6:00-6:30) Open Podium - Council Chamber III. OPEN PODIUM IV. ADJOURNMENT MEMORANDUM CITY COUNCILWORKSHOP Tuesday, September 1, 2015 City Center, Heritage Rooms, 5:30 p.m. Re: Backyard Chickens Overthe past few years, the City Council hasperiodically heard from residentswho would like to raise chickensin their backyards, but are prohibited to do so percity ordinance. Afterthe issue wasraised again recently, and acknowledging that neighboring citieshave recently changed theirordinancesto allow backyard chickens, the Council instructed City staff to solicit additional input from the community on the subject using CITY CONNECT, Eden Prairie'sonline engagement platform available at edenprairie.org/CITYCONNECT. The "Backyard Chickensin Eden Prairie" discussion wasposted to CIlYCONNECTAug. 5 with the following: The City of Eden Prairie would like to know how residents feel about allowing domesticated chickensin their neighborhoods City ordinance currently prohibitskeeping chickensin residential areas Several neighboring cities have recently changed theirpoliciesto allow residential chickens Do you think the City of Eden Prairie should change itsordinance to allow chickens? Forthisdiscussion, the following questionswere posed: • Do you think the current City ordinance should be changed to allow resdentsto have chickens? Why or why not? • If the City of Eden Prairie doeschange the ordinance to allow chickensin residential areas, do you think certain restrictionsshould be included? Forexample, some citiesprohibit male roostersand limit the numberof female hensallowed per household. Tell usabout any restnictionsyou think are necessary. To encourage a large numberof participants, the CITYCONNECTdiscussion wassent to 3,287 CITYNEWSsubscribers who are signed up to receive "Latest News" and "CITYCONNECT' information via email ortext. The discussion was also shared on the City's Facebook and Twitteraccounts. The Backyard Chickensin Eden Prairie discussion wasavailable online from Wednesday, Aug. 5 through Friday, Aug. 21. During that time, the discussion garnered 100 participantsand 177 comments. Analysisof the comments indicatesthat approximately 70 percent of participantsare in favor of backyard chickensand 30 percent are opposed. In addition to receiving input on CITYCONNECT, the City hasreceived approximately 10 emailsexpressing opinions on whether Eden Prairie should allow backyard chickensoverthe past few months. An analysisof the emailsreflects a mixture of opinions. City staff isproviding thisreport for informational purposesonly and isnot making a recommendation on whether the City ordinance prohibiting backyard chickensshould be changed or remain the same. It ishoped that this report, in addition to the feedback Council members have received over the years, will assist the City Council in reaching a decision that will provide direction to City staff on how to proceed with thismatter. The commentsfrom the CITYCONNECTdiscussion and emailsare attached. j' ,.r i J I}Ij; ,.r Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes SHOULD BACKYARD CHICKENS BE ALLOWED IN EDEN PRAIRIE? 9 93 Answers • 14 Replies Do you think the current City ordinance should be changed to allow residents to have chickens? Why or why not? Marcel Nienhuis • Citizen • (Postal Code: unknown) • Aug 05, 2015 4:16 pm 6 20 Votes Yes! Chickens make good pets and they can produce eggs for a household and other neighbors. Most cities, especially suburbs, allow chickens with reasonable restrictions. Kendra Lettau • Citizen • (Postal Code: 55347) • Aug 05, 2015 5:19 pm 6 18 Votes Absolutely. Kim Witthuhn • Citizen • (Postal Code: 55347) • Aug 05, 2015 5:27 pm iJ 20 Votes Yes! The number of problems other cities have had regarding chickens is minimal, and this is such a small thing to do that would make lots of people happy. We live right on the border of two more rural counties, and it just makes sense to give us the same kind of privileges they have. Michael Simmons • Citizen • (Postal Code: 55344) • Aug 05, 2015 5:32 pm 6 18 Votes Yes - up to four chickens would provide fresh eggs and should not disturb neighbors. It appears to be working so far in neighboring communities. Melissa Kaan • Citizen • (Postal Code: 55346) • Aug 05, 2015 5:33 pm 0 16 Votes Yes! With reasonable restrictions, chickens should be allowed. Hannah Kokesh • Citizen • (Postal Code: 55347) • Aug 05, 2015 5:48 pm O 17 Votes Yes, absolutely. Many other suburbs allow backyard chickens, and I'd like to have that same right. Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes Christopher Tabor • Citizen • (Postal Code: 55346) • Aug 05, 2015 6:03 pm 6 12 Votes Yes. We should allow backyard chickens. Richard Weaver • Citizen • (Postal Code: 55346) • Aug 05, 2015 6:40 pm iJ 11 Votes Yes, as long as they are contained and kept clean. Many cities have changed ordinances and allow chickens. JoAnn Christensen • Citizen • (Postal Code: 55344) • Aug 05, 2015 6:51 pm iJ 5 Votes The city needs to enforce their drainage easements and not allow hen house structures to block drainage along the lot lines. This has been an issue with garden structures blocking drainage along lot lines. Lot lines need 5 feet of open space along either side of the lot line for drainage. If people put up poultry houses along the lot line, it obstructs the natural flow of water. The city does not enforce their drainage easement requirements. This may cause issues for other lots when a structure blocks natural flow of water. Secondly, people need to be trained on poultry management. The smell coming from poultry houses can be overwhelming. A strong ammonia smell occurs if the manure is not cleaned up regularly. Lots are small in some areas so it may be a problem for neighbors. Finally, owners should be trained on poultry management and obtain a license even if the license is free. Response: Lugene Peissig • Citizen • (Postal Code: 55346) • Aug 09, 2015 1:22 pm JoAnn, you are right. The city does not enforce any ordinances and leaves issues up to the residents to resolve. If this passes, then coop/chicken owners should be required to license each chicken and the coop to help pay for the clean up that irresponsible owners aren't going to take care of. 75% of responsible dog owners that walk on the path near our home do NOT pick up waste, and we as the homeowner that doesn't want to step in it while walking/mowing must pick it up! Jeanette Blasewitz • Citizen • (Postal Code: 55347) • Aug 05, 2015 6:52 pm 6 10 Votes No. I don't want to live in a neighborhood with chicken coops. Will the chickens be used solely for eggs or will they eventually be killed and eaten? Will the chickens be in pens or run free? Response: Hannah Kokesh • Citizen • (Postal Code: 55347) • Aug 05, 2015 8:19 pm I think most people keep the chickens for the eggs and for companionship. Chickens have personalities and you can bond with them when you raise them from infancy. don't think many people would raise them to kill and eat them. That would be some expensive chicken! Especially when one household is typically only allowed 4. Think of Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes all the feed and chicken coop costs. Lisa Rebeck • Citizen • (Postal Code: unknown) • Aug 05, 2015 6:54 pm iJ 3 Votes As long as people are respectful of the chickens and not dispose of them once they slow down or stop producing eggs. Response: Lugene Peissig • Citizen • (Postal Code: 55346) • Aug 09, 2015 1:23 pm What should they do with the old chickens? Joe Berg • Citizen • (Postal Code: 55346) • Aug 05, 2015 7:55 pm O 10 Votes No Way! Are you kidding me. Chickens belong on the farm. Not in a residential neighborhood. There are reasons why we have farms and why I left it. Lucille Paden • Citizen • (Postal Code: unknown) • Aug 05, 2015 8:09 pm 6 12 Votes Yes with limits. EP is known for being health conscious and family oriented. Raising chickens for eggs and Sunday dinners is a family activity. It can demonstrate what goes into putting food on the table and promotes organic gardening and farming. Michelle Thomas • Citizen • (Postal Code: unknown) • Aug 05, 2015 8:35 pm 6 12 Votes No way. If I wanted to live on or near a farm, I'd choose somewhere else to live. I don't want to see, hear, or smell chickens in my daily life. Response: Sarah Kallal • Citizen • (Postal Code: 55344) • Aug 06, 2015 12:40 pm With a family allowed to have only four chickens, you wouldn't hear or smell them anymore than you would a dog. In fact, dogs are so much smellier, they can leave their feces all over the neighborhood and their barking can be a major problem. Many of the other cities who have implemented this, have had little to no problems. And if they have had any, just like any other irresponsible pet owner, they get in trouble. Kari Johnson • Citizen • (Postal Code: 55346) • Aug 05, 2015 8:46 pm O 11 Votes Yes to backyard chickens. Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes Joe DeGiovanni • Citizen • (Postal Code: 55346) • Aug 05, 2015 8:47 pm 0 1 Votes What restrictions are there? It sounds like there is a maximum of 4 per household? Is a fenced yard required? What about a coup? Does the coup have to be a certain size? Are roosters allowed? Response: Cheryl Larson • Citizen • (Postal Code: 55346) • Aug 05, 2015 10:12 pm Good questions. Keith Engelhart • Citizen • (Postal Code: 55347) • Aug 05, 2015 9:25 pm 0 5 Votes It's easy to think that a few chickens wouldn't be bad. It would be almost like having several new pets. Think of all those farm fresh eggs and there's the barnyard learning experience for the children. How wonderful. But before we go too far down this path to utopia perhaps we should consider the unintended consequences; the smell from the inevitable accumulation of chicken poop, the aging (run down) chicken coops, the neighbor that just doesn't care about the smell or the run down condition of the poultry shed because the City of Eden Prairie says he can have chickens and by George he'll have chickens! Perhaps what's best if you want to raise farm animals is to live on a farm or an acreage zoned for farm animals. Response: Sarah Kallal • Citizen • (Postal Code: 55344) • Aug 06, 2015 12:45 pm Keith, like any other irresponsible pet owner, they will get fined and have their pet taken away. The bottom line is, too.... the chances of you or anyone you know actually having chickens is so small. It's like everyone and their mom's uncle will be out doing this just because they can. As far as smell goes, a dog's feces - a compost pile that's not taken care of, these are far more offensive smells than chicken poop building up. Response: Gina Picht • Citizen • (Postal Code: 55347) • Aug 06, 2015 11:25 am Would people really rush out and buy chickens, set up a coop simply because the city says by George he can have chickens? A little respectful faith that people who want to do this will do it responsibly, follow any regulations, and maintain their own property as we expect they will do with their homes and sheds and automobiles might be warranted. Do we ask gov't to essentially ban sheds or automobiles because we don't give people enough credit to take care of their own things? Bill Weiher • Citizen • (Postal Code: 55347) • Aug 05, 2015 9:31 pm O 9 Votes I honestly don't see this being any different than having pet cats, dogs, etc., except that it is "new" / different. I will be a lot less scared of seeing chickens around than the pit-bull mix that is walked in my neighborhood on a regular basis... I don't like having my kids outside when that dog goes by, beautiful dog, just don't trust them... Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes LouAnn Donahue • Citizen • (Postal Code: unknown) • Aug 05, 2015 10:02 pm 0 3 Votes Chickens in the backyard sounds like such a fun idea BUT there is a lot of expense with coop, feed, bedding etc. The other thing is what happens to these dear chickens when the temps. drop and the snow starts. Chickens can't live outside in the winter. Response: Sarah Kallal • Citizen • (Postal Code: 55344) • Aug 06, 2015 12:47 pm Yes, you are right, it can be costly to have to feed them (though they usually will eat your food scraps) but chickens can live in a heated hen house, no problem, in the winter :). Sunny VanBrocklin • Citizen • (Postal Code: 55346) • Aug 06, 2015 8:17 am 0 9 Votes I think that Eden Prairie residents should be allowed to have chickens. I assume it would be to gather eggs. It always reduces our carbon foot print to eat local. This can minimize the effects of climate change. Along with having chickens, we should also all have gardens. Curly Sue • Citizen • (Postal Code: 55346) • Aug 06, 2015 8:44 am 0 13 Votes No thanks. I got nothing against chickens, but I don't want a chicken coop(s) next door. Smells and people not up-keeping their coops are my real concerns. Betty Otsea • Citizen • (Postal Code: 55344) • Aug 06, 2015 9:03 am 0 4 Votes I agree with allowing chickens but definitely with regulations .. number of chickens; size, quality, and placement of coops; are they fenced to prevent roaming onto neighboring property; health/cleanliness regulations, etc. (Chickens could hardly be more of a problem than the Canadian geese in the city!!!) You'd think anyone who wanted to do this would be informed regarding care of chickens in winter, etc. but such info could be 'required reading' as part of getting a license (free?) from the city. Hate to think of more government regulations but seems some would certainly be necessary. Since many other cities are allowing backyard chickens, there must be many precedents that could be reviewed when establishing an ordinance in EP. Could townhome associations make rules to forbid chickens if the city ordinances allow them? BG Nelson • Citizen • (Postal Code: unknown) • Aug 06, 2015 9:11 am 0 4 Votes Yes. With the cost of eggs it would be good. It seems with the right city ordinances and proper care it would work well. Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes Carrie Griffin • Citizen (Postal Code: 55347) • Aug 06, 2015 9:12 am iJ 4 Votes I'm in favor, but with clearly spelled out guidelines and having a system of checks and balances in place that works for both those who want them and those who don't. Jill DuLac • Citizen • (Postal Code: 55346) • Aug 06, 2015 9:15 am iJ 7 Votes Yes!!!! Let's not forget that Prairie View Elementary will incorporate the chickens into their educational programs (per the Board Meeting I attended this year). Rebecca Weiler • Citizen • (Postal Code: 55347) • Aug 06, 2015 9:45 am i 9 Votes i would not want to have a neighbor with chickens. plenty of land farther out for your hobby farm. on that note...if they allow chickens i want a horse;) why should the chicken license be free but a dog license 20$??? Robb Peterson • Citizen • (Postal Code: 55346) • Aug 06, 2015 9:47 am 6 8 Votes Yes to backyard chickens! Debra Hoffman • Citizen • (Postal Code: 55346) • Aug 06, 2015 10:12 am 6 Votes Definite yes with restrictions and licenses. Debby Bluem • Citizen • (Postal Code: 55347) • Aug 06, 2015 10:21 am i 8 Votes Yes! We have friends in Hopkins with 4 backyard chickens. The chickens and coops do not smell and the chickens live outside during the winter. The chickens are "free range" but they do not wander far from the yard and the safety of their coop. Hens are not noisy, just cluck quietly. Definitely No to roosters! Valerie Gorman • Citizen • (Postal Code: 55347) • Aug 06, 2015 11:06 am 0 7 Votes Yes we should allow chickens. Jody Russell • Citizen • (Postal Code: 55346) • Aug 06, 2015 11:40 am i� 4 Votes It's funny yo me. I'd like to say yes to this, but I don't want them next door. We are too close to each other. As it is I hear people talking to each other in their yards, smell their Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes bbq, and such. So I'd be okay when people don't live close together. But not in my backyard. :-) Craig Blixrud • Citizen • (Postal Code: unknown) • Aug 06, 2015 12:12 pm 6 10 Votes No, I live in a city and if I wanted chickens next door, I would live in a rural area Response: Sara Freeland • Citizen • (Postal Code: 55346) • Aug 06, 2015 5:42 pm Craig, Did you know Eden Prairie is one of the last cities in the metro to not allow chickens? This is not a question of rural versus urban anymore. It is rather a question of allowing a certain number - 4, not a giant flock of chickens like a farm. Claire Bleser • Citizen • (Postal Code: unknown) • Aug 06, 2015 2:37 pm iJ 4 Votes Yes to chickens! I would check with other communities to see how their experience have been and if they would change their ordinance. Kayla Hurd Kuvaas • Citizen • (Postal Code: unknown) • Aug 06, 2015 2:46 pm i� 5 Votes Yes! No Roosters! Stephanie Feind • Citizen • (Postal Code: unknown) • Aug 06, 2015 2:56 pm 6 11 Votes No. I would not want to live next the smell and the noise. We are just too close to each other. Sara Freeland • Citizen • (Postal Code: 55346) • Aug 06, 2015 5:48 pm 6 11 Votes Just an FYI for people - all of the following cities currently allow chickens - Bloomington, Burnsville, Centerville, Circle Pines, Eagan, Edina, Falcon Heights, Fridley, Golden Valley, Maple Grove, Newport, Oakdale, Ramsey, Robbinsdale, Roseville, St Louis Park, St Paul, Shoreview, Vadnais Heights, West St Paul. Do you notice the chicken smell when heading into Edina or Bloomington, or Minnetonka? No. Are these farming communities? No. Allowing chickens will not make a big difference to most people, it would just allow people who want farm fresh eggs and are willing to take the time and effort to care for a few chickens to be able to have that freedom. Response: Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes Lugene Peissig • Citizen • (Postal Code: 55346) • Aug 09, 2015 1:29 pm Sounds like you have a lot of choices for cities to move to. JoAnn Christensen • Citizen • (Postal Code: 55344) • Aug 06, 2015 6:12 pm O 3 Votes I would be in favor but the city has a history of saying....if you don't like it, have your attorney write a letter. If they aren't going to enforce violators, at least make sure people know upfront if there is a violation with the chickens, they aren't going to leave it up to the neighbors to resolve it with $300 letters from their attorneys. If you have rules, the city needs to enforce them, not the neighborhood. Benita Brannon • Citizen • (Postal Code: 55344) • Aug 06, 2015 6:30 pm 0 9 Votes No. You would be changing our beautiful clean town. lye driven by thoses places that allow chickens. Roaming all over the front yard, right up to the street. With stuff and yuck all over. I dont want that scene out my window. Matt Dirks • Citizen • (Postal Code: 55347) • Aug 06, 2015 7:19 pm 0 9 Votes No. It sounds great and trendy producing ones own organic homegrown eggs, etc. but there is a huge down side to this that I can speak of from personal experience. My in-laws from California have neighbors that have chickens right next door. The roosters make a LOT of noise, they start early and it's ALL DAY LONG. You honestly can't sleep with your windows open unless you want to be wakened by roosters way before the sun is up. So, knowing that a lot of the houses in EP have houses quite close to each other I can see this being a big issue with those that don't like to hear roosters crowing early and ALL DAY LONG. This doesn't even include the stench of the animal waste, and yes you will be able to smell it if you are one of the unfortunate neighbors. We didn't move here to live in a barnyard environment. If folks have the urge to raise farm animals, let them do it out of town. Response: Sarah Kallal • Citizen • (Postal Code: 55344) • Aug 07, 2015 5:47 am Matt, I don't know if you read this, but having roosters is completely out of the question. It's only 4 hens per household which produce way less feces than a dog. Any irresponsible pet owner will be reprimanded. Lizzie Quinard • Citizen • (Postal Code: unknown) • Aug 06, 2015 7:52 pm O 9 Votes I lived in a city (Fort Collins CO) where having chickens in your backyard was allowed. We had two household nearby with chickens. Could never smell them, and the yard sizes are quite comparable to Eden Prairie. The roosters on the other hand will cock-a-doodle-do all dang day. So, I agree with no roosters. Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes Marcia Kolb • Citizen • (Postal Code: 55347) • Aug 07, 2015 6:43 am 8 Votes YES! Chickens are great to have in the backyard. They are relaxing to watch, have their own personalities and the fresh eggs are great! Nothing better than having chickens in your yard. The children love them and learn so much. Keep making Eden Prairie a progressive community that embraces nature and healthy living. Renee Brown • Citizen • (Postal Code: 55346) • Aug 07, 2015 9:03 am i� 5 Votes Yes, I think Eden Prairie should allow residents to have chickens! I have had chickens in the past, and don't really want to keep them now. But it is a great experience and good for everyone. The concerns that people are voicing can be managed. It is wiser to make rules for the real problem. Excessive smell, noise, unsightly buildings can exist here without any chickens. Don't we have some regulations about smell, noise, buildings, wandering pets and so forth already? Let the chickens live under the same umbrella. Doug and Rose Ann Egan • Citizen • (Postal Code: 55344) • Aug 07, 2015 12:57 pm i� 7 Votes Please, no chickens in Eden Prairie Emily Samborn • Citizen • (Postal Code: unknown) • Aug 07, 2015 1:59 pm 0 5 Votes Yes, I think backyard chickens are a great idea. They will serve as a local food producing pet, will help teach our children about how to take care of animals and teach them where our food comes from. Perhaps there should be a yard size limit, say perhaps 0.4 acres or a 20 ft x 20 ft piece of yard that is at least 5-10 feet from the property line. Perhaps chicken owners should be required to inform their immediate neighbors (in person or by letter) that they will be getting chickens and to please call if they are finding them disruptive in any way - perhaps this rule should apply to all pets - think of the respectful community we would be building if this were implemented. Yes, chickens come at a cost and require some work, as do all pets. Owners should be held responsible for maintenance. Chen Mellema • Citizen • (Postal Code: unknown) • Aug 07, 2015 8:06 pm 0 6 Votes Yes to backyard chickens, no roosters. I think a limit on the max number allowed is a good idea, as well as specifics around cooping them. (Min/max size of coop, distance away from other property/houses, etc) I think many families desire to lead more sustainable lifestyles and this is one opportunity for them to do so. I hope the city will follow other suburbs and allow for single family homes to maintain a small number of chickens. Dean Ostlund • Citizen • (Postal Code: 55346) • Aug 08, 2015 10:58 am iJ 7 Votes Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes Yes, allow hens. Publish any restrictions widely, so there are no disputes about what is and isn't allowed. Maybe offer a free seminar on raising backyard chickens in EP, with a certificate of completion that is required to obtain before starting a backyard coop. I'm sure there are knowedgeable people willing to volunteer to give a class periodically (Sarah Kallal?). Christine Laska • Citizen • (Postal Code: 55347) • Aug 08, 2015 3:19 pm O 6 Votes Yes! Brenda Pfahnl • Citizen • (Postal Code: 55346) • Aug 08, 2015 3:45 pm 6 6 Votes Yes! Eden Prairie is behind the times in this respect; I find it hard to believe it is still restricted. Our neighborhood has a number of households interested in sharing a coop. We would love it. Melanie Pascu • Citizen • (Postal Code: 55346) • Aug 09, 2015 11:25 am 6 5 Votes Yes, I think backyard chickens are a great idea. Lugene Peissig • Citizen • (Postal Code: 55346) • Aug 09, 2015 1:36 pm 6 6 Votes No! This is Eden Prairie, not some hobby farm suburb! You get two or more neighbors having chickens and all of a sudden 4 chickens morphs into 8 or 12 or 16 (all roaming around). Not to mention 2 or 3 or 4 chicken coops that must be kept clean by responsible pet owners. I do not want to be out on my deck enjoying a Spring, Summer or Fall evening, and have to look at a chicken coop (clean or not). Neighbors all around should have to sign off with 100% cooperation or no chickens! And as mentioned before, each chicken should be licensed ech year as a dog or cat would be, and the coop should also be licensed each year to cover cost of cleaning up when the owner fails to follow the ordinances. Somebody will have to pay for the cost and it shouldn't be taxpayers! Needs to be the owner of the brood! Charles V. • Citizen • (Postal Code: unknown) • Aug 09, 2015 7:24 pm 6 6 Votes No. This will cause noise problems and odor problems. Also this will increase the risk of Avian influenza to the people living near by. It will cost taxpayer money for monitoring and enforcing of the restrictions and answering complaints. Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes Heidi Garrard • Citizen • (Postal Code: 55347) • Aug 09, 2015 9:55 pm iJ 6 Votes Yes, allow chickens. There should be careful rules on upkeep, licensing, number allowed, coop size, etc, but no neighbor sign off. Nobody checks in with me before they get a new dog, cat, etc. We have many cities around the area that have working rules to take ideas from. Dana Quinn • Citizen • (Postal Code: 55347) • Aug 10, 2015 9:59 am i� 6 Votes If the city chooses to approve this ordinance, I think that anybody desiring to have chickens should be required to get unanimous approval from all neighbors adjoining their property, in writing. Carl Larsen • Citizen • (Postal Code: 55347) • Aug 10, 2015 10:38 am iJ 7 Votes I vote "No" for chickens in Eden Prairie. Since overall egg consumption is unlikely to change, this is a zero-sum game. For every chicken in Eden Prairie, there will be one less on a farm. Moving chickens from a farm to the residential neighborhoods of Eden Prairie doesn't make sense to me. Farms are better able to deal with the noise, smell, and cleanup. Additionally, chickens don't magically stay in the owner's yard. They wander around in the streets. This undoubtedly will cause accidents. Also, I believe that some sort of 'neighbor approval' restriction or process would be rife with strife. Sue Bar • Citizen • (Postal Code: unknown) • Aug 10, 2015 11:11 am iJ 7 Votes NO for chickens. I'm all for eating local and home gardening, but I really don't want to live in a neighborhood or next to a neighbor with a "mini-farm" of chickens. I don't want to see or hear these animals either. Chickens should be in a rural area, not in backyards. If I wanted to be near farm animals, I'd move to a rural area. So many EP residents already have a hard enough time controlling their dogs from barking, roaming around into neighbor's yards, let alone picking up pet waste in city parks and walking trails. Yes there are some responsible pet owners, but a lot turn a blind eye because of the "my pet wouldn't do that" mentality or they're just too lazy to clean it up. MariBeth Schulke • Citizen • (Postal Code: 55347) • Aug 10, 2015 1:13 pm i� 5 Votes yes , backyard chickens in ep would be eggcellent! Zhanna Semenova • Citizen • (Postal Code: 55347) • Aug 10, 2015 11:27 pm iJ 4 Votes YES, for sure! Promote organic food, great pet, great teaching moment for kids. Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes Kent Granowski • Citizen • (Postal Code: unknown) • Aug 11, 2015 5:02 am i 7 Votes I have no major concerns with the limit of 4 as in much of this discussion. However all must realize there is a lot of work & expense to do it right. It will not be cheap. Coups and enclosures must be made of good solid construction materials. Sturdy fencing must extend underground. Rats and mice will go after the food. In the last 5 years I have had red fox, coyote, and mink in my backyard. All of which would love to have eggs and poultry as an easy meal. My normal flock of turkeys in the backyard saw no young turkey get older than 3 weeks this year. The red fox is the likely suspect. Coups s/b cleaned once a week. Not a fun winter time project. A hen will only produce eggs on a good diet. Lots of protein makes for protein rich eggs. Calcium must be provided for good shell strength. A healthy chicken will likely produce on and off for 3 to 4 years. Eggs generally become larger, but fewer in number as the chicken ages. Chickens will "take a break" from egg laying maybe once a year and go through a molt cycle. As a child on the farm I was aware that a 3.5 years old chicken was sold to become chicken soup. What will you do with yours? Personally, even if allowed, I will not have chickens. My backyard is 5 feet from Purgatory Creek. I do not fertilize my lawn and do not seal coat my driveway because it will slowly end up in the watershed. I certainly do not want chicken waste with high concentrations of ammonia anywhere near the creek. I am not against it, but do take these and many other things into consideration before acting. Laurie Coddington • Citizen • (Postal Code: unknown) • Aug 11, 2015 3:30 pm i 4 Votes I think Eden Prairie should allow residents to have chickens! It promotes healthy eating and opens up opportunities for families to teach their kids about sustainable living. As long as there are reasonable guidelines to keep the chickens contained in their own yard, people should be allowed to make the choice. Madeleine EP • Citizen • (Postal Code: unknown) • Aug 11, 2015 3:56 pm iJ 6 Votes Yes. My family has been wanting chickens for quite some time to the point that we were planning a move to a city that allowed them. This would save us a big hassle, and let us accomplish our goals! Chickens are a very clean and hardy bird. Unlike roosters, they are also quite quiet; so luckily they do not need the roosters to make eggs. Personally, I think dogs are a bigger problem than chickens- people don't clean up their waste even in public areas, and several have killed other dogs. If Eden Prairie can handle dogs, Eden Prairie can handle chickens. Nataly Montana • Citizen • (Postal Code: 55344) • Aug 11, 2015 4:15 pm iJ 6 Votes yes: ithis situation its doesn't mean you're going to have 20 o 30 its only a couple that would help to save you some money in grocery and also would help to educate your kids about were your food come from and learn something different. 2: if you can tolerate somebody having chickens in the suburb rather live in the cities its not something terrible and its a minimum problem in compare to another serious problems you have here. Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes Sam Kokesh • Citizen • (Postal Code: 55347) • Aug 11, 2015 7:57 pm 6 3 Votes Yes to chickens! My kids are going to fall in love with them. What a great learning experience not only for my kids but for the neighbors kids as well. Oh and dad gets to research about designing and building a chicken coop. Every house on my street has a barking dog that poops in my yard. Can we please outlaw dogs. Al Fre • Citizen • (Postal Code: unknown) • Aug 11, 2015 10:43 pm 6 3 Votes Yes to chickens! By George, Yes to chickensi i i i i i i i paul smith • Citizen • (Postal Code: 55346) • Aug 12, 2015 7:27 am 6 6 Votes NO to chickens! If you have ever had the misfortune to be downwind from a chicken coop, you will understand. They stink! Doug Grant • Citizen • (Postal Code: 55347) • Aug 12, 2015 9:55 am 6 6 Votes Sorry, no. Gordon Penn • Citizen • (Postal Code: unknown) • Aug 12, 2015 7:24 pm 6 4 Votes Yes to chickens! Jane Vanderwilt • Citizen • (Postal Code: 55347) • Aug 13, 2015 2:15 pm 6 2 Votes No way! Chickens ARE noisy whether there are 4 or 44. Since chickens would be a totally OUTDOOR animal, it is totally against any ordinances we already have that prohibit dwellers from creating a nuisance to their neighbors either by noise or clutter. We can see no GOOD reason for having chickens in the back yard. We moved to the CITY to get away from farm animals after many years!! Kimlinh Bui • Citizen • (Postal Code: unknown) • Aug 13, 2015 2:57 pm 6 4 Votes Yes, we should be able to have chickens! Locally-raised fresh eggs, companionship, a learning experience for kids, what's not to like? They're allowed by neighboring suburbs Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes and aren't causing a problem. The yappy dogs in my area are so much noisier than a few chickens. Free range dogs and cats leave way more "manure" on my property than my chickens could ever produce - not to mention chickens stay on the owner's property and don't get walked or just plain let out the way dogs and cats do. As with any pet, the owner is responsible for keeping things clean, and despite an abundance of patently irresponsible dog and cat owners, I don't see us banning those animals. Susie Mecklenburg • Citizen • (Postal Code: 55347) • Aug 14, 2015 12:44 pm O 4 Votes Yes and yes to having chickens in Eden Prairie. Chickens make great pets, provide plenty of eggs great personnality and it is so calming to just look at them. I can hardly wait In In let's make it happen soon. Ali Humphrey • Citizen • (Postal Code: 55344) • Aug 14, 2015 2:42 pm 6 4 Votes Yes! Everyone I know who has chickens within city limits elsewhere loves having them and they've not had any complaints from neighbors as far as I know. bj Harris • Citizen • (Postal Code: unknown) • Aug 16, 2015 5:55 pm 0 1 Votes comment...NO NO absolutely not!! The small city lots do not allow the space to insulate the noise from living next door to a chicken coop. Keep them in the house? Julie Odenbach • Citizen • (Postal Code: 55347) • Aug 17, 2015 8:51 am 6 3 Votes Yes. A few backyard chickens are no problem. They would certainly make far less noise than kids or dogs. It would be nice for those who choose to do so, to be able to keep a few chickens and have fresh eggs. Christine Stroia • Citizen • (Postal Code: 55347) • Aug 19, 2015 2:29 pm O 2 Votes Yes, i would love to have the freedom to raise my own chickens on my own property. As a city that promotes on its website it is going green, having sustainable properties with abilities to grow food is essential to our well being, especially with all the bird flu going on in the larger facilities, I am not sure i want to feed my family that stuff, but would prefer to show them how to care for the animals and treat them right and how they can feed themselves through hard work is a very positive thing, especially on a smaller scale being in a suburban area, it will have a very large impact and create pride in our ability to be a green community that cares about health and wellness of animals and its residents! Michelle Fourre • Citizen • (Postal Code: unknown) • Aug 19, 2015 3:23 pm O 2 Votes Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes Yes to chickens! My brother has a large lot in Dayton (near Anoka) and has raised egg-laying hens for the past 7 or 8 years. The chicken coop and area do not smell, they do make subtle noises (about as annoying as mourning doves cooing)(it's the roosters that are noisy, and won't be allowed in EP it sounds like). The "free range" (fenced-in area) almost-organic eggs my brother gives us are SO much more healthful, the yolks are darker golden and the eggshells are thicker. Chickens do love food scraps (watermelon rinds, bread heels, apple cores, etc); the chicken waste can be composted and then turned into your vegetable garden. For those thinking that everyone is going to run out and get chickens... did you know that honeybee hives have been allowed in Eden Prairie (my dad had two hives in the early '80's), if you don't know anyone in EP with honeybee hives, then you probably won't notice who has chickens. For those thinking that the chicken coops will interrupt water runoff, most coops are built on risers (think rabbit coop); they may have trim around the bottom, but usually that is decorative. Cathy Thayer • Citizen • (Postal Code: 55346) • Aug 19, 2015 9:05 pm iJ 1 Votes Yes. With regulations regarding the number of hens, size of yard, etc.. I am far more concerned with the dogs that owners allow off leash (or that are not cleaned up after) in city parks than I am with someone having well cared for chickens in their own yards. Connie Kotula • Citizen • (Postal Code: 55347) • Aug 20, 2015 9:45 am 6 0 Votes No. As a resident of EP for over 30 years, I can see neighbors fighting about the local chicken coop mess. I also don't want to fund "free" classes to educate owners of chickens. I want to protect the rights of those who currently live in EP who don't want to live next to anyone with chickens. Having grown up with chickens in my childhood neighborhood I remember the harvesting of the chickens before winter. I haven't read anybody's practical solution to that process. Just doesn't seem to be a good idea to start with. Bill Satterness • Citizen • (Postal Code: 55347) • Aug 20, 2015 10:54 am 6 1 Votes Yes to hens in EP back yards! If you're concerned about noise: dogs and motorcycles are currently permitted everywhere in EP even though some of them are a lot louder than a half dozen hens. If you're concerned about appearance or smell: we can solve that the way Mpls does and require the coops to be visually screened and at least 20 feet away from nearby houses. If you're concerned about chickens trespassing on your property we can require them to be in wire-enclosed runs. Chickens are like dogs in that they require daily care, so people shouldn't take on this responsibility without thinking it through. Hundreds of suburbs and cities around the country have begun to allow hens, and their experiences have been overwhelmingly positive. Get on board, ER Brinn Marie Witt • Citizen • (Postal Code: 55346) • Aug 20, 2015 3:47 pm 6 1 Votes Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes Yes, the city should change the ordinance to allow 4-6 hens. The city allowed Honey Bee's and that is wonderful for the Environment. Good for you E.P. Also extra free ranged brown eggs can be donated to PROP. and are also good for the Environment. Not to mention it could be educational. Please vote YES for backyard hens in E.P. Brinn Marie Witt • Citizen • (Postal Code: 55346) • Aug 20, 2015 3:51 pm io 1 Votes Eden Prairie News check out my sign in the front yard 17897 Lorence Way. VOTE YES ! Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes SUMMARY OF TOPICS RESTRICTIONS ON BACKYARD CHICKENS& 57 Answers • 13 Replies If the City of Eden Prairie does change the ordinance to allow chickens in residential areas, do you think certain restrictions should be included? For example, some cities prohibit male roosters and limit the number of female hens allowed per household. Tell us about any restrictions you think are necessary. Marcel Nienhuis • Citizen • (Postal Code: unknown) • Aug 05, 2015 4:18 pm 6 18 Votes Yes, no roosters for sure! Up to 4 hens seems reasonable. Sarah Kallal • Citizen • (Postal Code: 55344) • Aug 05, 2015 4:26 pm O 11 Votes I think four seems quite reasonable. Kim Witthuhn • Citizen • (Postal Code: 55347) • Aug 05, 2015 5:22 pm 6 13 Votes No roosters, four hens is good. Michael Simmons • Citizen • (Postal Code: 55344) • Aug 05, 2015 5:27 pm 0' 14 Votes Agree that four (4) hens is a good number. Agree that there should be no roosters. Would love to have fresh eggs. Jeff Walton • Citizen • (Postal Code: 55344) • Aug 05, 2015 5:40 pm 6 6 Votes I'm not overly thrilled at the prospect of folks raising chickens in neighborhoods but understand that people want different things. At a minimum, the number of chickens Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes and the type of proximity controls need to be very specific. You need to define if enclosures are required; number of birds; roosters are probably not compatible; inoculation requirements similar to requirements on other domesticated animals such as dogs and cats are also something that should be explored. Folks that want to live in the country and have a hobby farm should consider living somewhere other than a neighborhood. Some areas that have allowed this require sign-off by immediate neighbors and renewal of specific sign-off whenever there is a change of ownership with affected properties. Care should be taken to look at precedents set in other cities around the country. The MN League of Cities should also have model ordinances to consider. Just don't jump into this without really considering some of these issues. Response: JoAnn Christensen • Citizen • (Postal Code: 55344) • Aug 05, 2015 6:58 pm I agree. My family raised chickens on a commercial basis and I also worked in the industry. Disease, smell, care are all concerns to think about. Where the hen house is placed would be a big concern if someone puts it downwind from a neighbor's deck. People often let their dogs run free so what's to stop their chickens from roaming the neighborhood? One would hope the owner would keep the hen house clean but I think some general guidelines are important along with a license so if the homeowner does a bad job at maintaining their flock, they can have their license taken away. Stacy Sawalich • Citizen • (Postal Code: 55344) • Aug 05, 2015 5:50 pm 6 9 Votes I think it is a great idea. Chickens are lovable animals and can be pets as well as a source of eggs. People with children can have them help with cleaning the coop and give the kids a bit of responsibility along with feeding the chickens and getting eggs. Roosters are noisy and not good in a neighborhood with homes in close proximity I'd say people could have more than 4 or have a rooster if they live on a certain amount of land with neighbors that live a certain distance away. Response: Hannah Kokesh • Citizen • (Postal Code: 55347) • Aug 05, 2015 8:23 pm This is exactly why I want backyard chickens! It will be a fun way to teach my children responsibility while also enjoying them as pets. Ruth Simmons • Citizen • (Postal Code: 55344) • Aug 05, 2015 5:53 pm iJ 7 Votes 4 chickens would be wonderful to have. Please indicate what would be some sample ordinances that would be good to follow. With the bird flu having devasted so many farms of their chickens, I believe having these chickens segregated in urban areas is good for Minnesotans, overall. Hannah Kokesh • Citizen • (Postal Code: 55347) • Aug 05, 2015 6:02 pm 6 9 Votes - Maximum 4 chickens/household is reasonable. - No roosters *This is a must* - I absolutely disagree that immediate neighbors should have to "sign-off" before a household can get chickens. That could become very arbitrary. Instead proximity rules Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes can be put in place such as how far from the property line a chicken coop must be placed. Response: JoAnn Christensen • Citizen • (Postal Code: 55344) • Aug 05, 2015 8:04 pm What happens if a neighbor moves and the incoming neighbor objects? Howard Pearlman • Citizen • (Postal Code: unknown) • Aug 05, 2015 6:51 pm 7 Votes Absolutely!!! Chickens would provide fresh eggs. They also eat the bugs so it would help keep them down too. What a great idea!!!! Leslie McDonald • Citizen • (Postal Code: 55346) • Aug 05, 2015 7:50 pm iJ 6 Votes ...perhaps we need to have a discussion about dogs being allowed to run free...? I have a much bigger problem with folks ignoring the city leash law than allowing 4 happy hens in a home's backyard. I think keeping chickens is a brilliant plan. No roosters, agreed. My one true concern is somehow establishing minimum rules regarding safe coops... a bunch of dead chickens when the temp inevitably falls seems heart-breaking. Has anyone talked about how to ensure that yet? Joe Berg • Citizen • (Postal Code: 55346) • Aug 05, 2015 7:56 pm i� 6 Votes No chickens! They belong on the farm! Michelle Truksa • Citizen • (Postal Code: 55347) • Aug 05, 2015 8:04 pm 0 4 Votes No chickens. While I appreciate fresh eggs, I'm against roosters and chickens in suburban neighborhoods. JoAnn Christensen • Citizen • (Postal Code: 55344) • Aug 05, 2015 8:13 pm 0 4 Votes Joe Berg. The lots in Minneapolis are bigger for the most part and can accommodate chickens. The feed attracts rodents. Rats, mice etc. I have battled those with nearby bird seed feeders. There are fox, coyotes etc. by BearPath. Do associations trump the city rules? Some neighborhoods are part of larger associations. Response: Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes Stacy Sawalich • Citizen • (Postal Code: 55344) • Aug 05, 2015 8:53 pm Another possibility is that chickens can only be on homeowner's property that is at least .5 acres or some other land requirement Response: Stacy Sawalich • Citizen • (Postal Code: 55344) • Aug 05, 2015 8:38 pm Bird seed attracts rodents, small dogs and cats attract fox/coyotes. Dan Hopkins • Citizen • (Postal Code: 55344) • Aug 05, 2015 8:35 pm 6 1 Votes Eden Prairie is very much a family community with much invested toward youth development. Many parents hope to teach responsibility, work ethic, and animal care to their children via a variety of means. Agricultural work is an excellent means and should be encouraged. Obviously there are concerns as to the scope of such allowances, but outright prohibition is unnecessary. I believe coops should be allowed, but limited based upon the surroundings of the yard, and there should be very clear upkeep requirements. I have no strong feelings one way or the other regarding roosters. I'm usually up first anyway. Michelle Thomas • Citizen • (Postal Code: unknown) • Aug 05, 2015 8:36 pm 0 4 Votes No way. Move out to a farm if you want farm life. Response: Sarah Kallal • Citizen • (Postal Code: 55344) • Aug 06, 2015 12:52 pm Hi Michelle:) So what are your specific concerns with having only four backyard chickens? Dogs create more feces and noise than one dog and any irresponsible pet owner that's not handling their situation like they should I think should be have their pets taken away, chicken or not! Kari Johnson • Citizen • (Postal Code: 55346) • Aug 05, 2015 8:40 pm 6 4 Votes Yes I do agree that the city should allow backyard chickens. No on boosters, okay it with close neighbors. I think the Minnetonka ordinance allowing one chicken/ .1 acre is reasonable. Some residents have larger backyards and can and are willing to take care of more fowl. The smell is minimal if taken care of properly. But with the price of eggs rising, questionable practices done with mass production hens, echo friendly backyar hens get a bit thumbs up from this Eden Prairie resident. Kari Johnson • Citizen • (Postal Code: 55346) • Aug 05, 2015 8:41 pm 6 0 Votes Sorry, that was a no on roosters. Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes Stacy Sawalich • Citizen • (Postal Code: 55344) • Aug 05, 2015 8:46 pm 5 Votes http://www.ci.minneapolis.mn.us/sustainability/homegrown/WCMS1P-133231 states regulations for city of minneapolis, good starting point Bill Weiher • Citizen • (Postal Code: 55347) • Aug 05, 2015 9:40 pm i� 3 Votes Yes for chicken, no on roosters. Consider having the city sponsor family groups or another type of "how-to" and "what works best here" information so families (and surrounding neighbors) experience a shortened learning curve. Seems like lots of upside to having access over time to resources like this. Jennifer Buss • Citizen • (Postal Code: 55347) • Aug 05, 2015 10:39 pm iJ 2 Votes No chickens or roosters. JoAnn Christensen • Citizen • (Postal Code: 55344) • Aug 05, 2015 10:50 pm 5 Votes Marcel, I think 2-4 chickens is not a problem but I think people should have their birds vaccinated which many people would not go for if they are seeking organic eggs. Chickens carry disease just like humans. Some chickens will get into trees on low branches and could get into a neighbor's yard. Now you need a chicken condo for your birds to protect them and keep them in your yard. I am not saying it is a bad idea but they are a 24/7 project so if you have a cabin, be sure to take the birds with you on the weekend. If you think the chicken coop, feed, warming lights, etc, are cheaper than eggs at CostCo, think again. Remember, it gets below 0 in the winter and you need warming lights. A reader said what do you do when they finish laying? I think there are many things to consider. The 20 cent egg now costs $200 and chickens show up anonymously abandoned in Mitchell Park. I am just saying educate people first and foremost. Response: Johnny Larson • Citizen • (Postal Code: unknown) • Aug 10, 2015 8:02 am You bring up some added good points, like what to do with them when you go on vacation. Why should we start this? Buy your eggs at the grocery store or move to a hobby farm. Also, they wouldn't allowed in our association! Gino Gori • Citizen • (Postal Code: 55347) • Aug 06, 2015 8:34 am i� 5 Votes We moved to our current EP home in 1994. At the time, our backyard neighbors had chickens and peacocks. I'm sure this was against city ordinance at the time, but we frequently received eggs and the like so no one complained. Sometimes the peacocks flew on to neighboring roofs, but really no other issues. The owner did set traps in his yard for wild critters and unfortunately, one of our cats was caught in one. She Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes survived :-) I am with the 2-4 chicken crowd. Response: Corey Peterson • Citizen • (Postal Code: unknown) • Aug 09, 2015 9:12 am Fully support Gino on this, we had chickens, quail and even occasional ducks growing up in ER This was a great learning experience of responsibility, care for animals, joy of collecting eggs and generally learning about the cycle of life. I fully support having a number of hens based on land size, up to a maximum (4 seems reasonable). Hens tend to stay around the coop area when let out into the yard (unless scared into leaving) so don't see a great problem with them roaming the neighbourhood. A compulsory practical care course is not a bad idea or recognition of prior experience. Jill DuLac • Citizen • (Postal Code: 55346) • Aug 06, 2015 9:14 am 6 3 Votes 4 seems reasonable. Please allow chickens' Greg Austin • Citizen • (Postal Code: 55344) • Aug 06, 2015 10:16 am 6 5 Votes Having chickens on your property should be fine. Roosters on the other hand would be best left out of the picture. The crowing would be a nuisance and create extra chickens. The owners should be required to have a coup and care for them. 4 seems to be a good number. Vicky Li • Citizen • (Postal Code: 55347) • Aug 06, 2015 10:42 am 6 0 Votes YES for a limited number of (inoculated) hens and no roosters. that said... I have had cats and a pitbull running into my backyard (the dog was quite scary and I had to practically "throw" my daughter inside the house and get ready to to be attacked once I saw it coming, fortunately he only wanted to play! phew!), so hens don't sounds really bad at all. Agree with others stating that education is the most important and people must understand the responsibility that comes with owning animals. I like the idea of limiting the number of hens one could own, no roosters (I had a neighbor rooster once - trust me, it is NO fun), defining very clear requirements (inoculation included, I'm sorry organic folks but I have kids and elderly people living with me) for location, size of the coop etc. and license and inspection. Absolutely NO live slaughter. I am unsure about neighbor agreement. I know that seems to make things more complicated, however only those who are serious about their animals would pursue it, and that's a good thing. Jody Russell • Citizen • (Postal Code: 55346) • Aug 06, 2015 11:44 am 0' 1 Votes Don't allow them where houses are close together nor where fences are open to neighbors' properties. I don't want to see them and my pooch surely doesn't. No roosters for sure. This is suburbia. I think if you want to have chickens, you chose the wrong type Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes of setting. Although I'd sure love to have goats to mow my lawn. Is that next? Mostly think they don't belong in areas where people live close together (i.e., 12' between houses). JoAnn Christensen • Citizen • (Postal Code: 55344) • Aug 06, 2015 12:32 pm iJ 1 Votes Chickens are subject to frostbite. They cannot live outside in the winter without shelter. Will the city define or provide a standard structure for the hens and define the placement on a lot? I don't like government intervention but as one reader stated someone will break the rules because the government said they could have chickens and they will have chickens. Statistically, 3% will do a great job, 3% will do a bad job and everyone else will be somewhere in the middle. Cindy Zierwick • Citizen • (Postal Code: 55347) • Aug 06, 2015 3:05 pm 6 3 Votes Pro chickens, no chicken fighting or slaughtering, egg and pet chickens only. Limit numbers, no roosters. I hate the idea of a permit but in order for people to learn proper care and housing for the chickens, it may be the only way to share the message. Sara Freeland • Citizen • (Postal Code: 55346) • Aug 06, 2015 5:53 pm 6 3 Votes Four chicken max No roosters Ten foot setback from neighbors property Cruelty and negligent laws similar to other pets Marcia Kolb • Citizen • (Postal Code: 55347) • Aug 07, 2015 6:40 am 6 3 Votes We have had chickens in the past and they have been a delight! The children loved them and they are so relaxing to watch. We have all learned a lot about life watching our chickens. I would suggest a limit of 6 chickens so a family can have a few more eggs. Renee Brown • Citizen • (Postal Code: 55346) • Aug 07, 2015 8:48 am 6 4 Votes I think having chickens in Eden Prairie would be great! It's a good idea to exclude roosters because some of them are really noisy, although don't we already have some exclusion for excessive noise? Or maybe not, considering the dogs barking that I hear. Hens are great and up to 8 are really reasonable. It's OK with me if they wander around, but chickens don't really go far from their roost anyway. Chen Mellema • Citizen • (Postal Code: unknown) • Aug 07, 2015 8:12 pm 6 0 Votes Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes I would also suggest that along with a coop, the property should also have an enclosed fence- that way if the chickens escape the coop they will still be limited to the owners property. I agree with the 4 hens, no rooster rule and for coops to be a minimum of loft from neighbor and city property lines. Brenda Pfahnl • Citizen • (Postal Code: 55346) • Aug 08, 2015 3:42 pm 6 1 Votes I agree that some type of restriction on the number of chickens per household is a good idea. However in our neighborhood we would like to share one coop between three or four households. Could there be more chickens per coop if it were a share one? (Say, up to a maximum of ten) Tom Oakes • Citizen • (Postal Code: unknown) • Aug 09, 2015 10:28 am 6 2 Votes I would like to know what formal goal was set to make this one of the options to implement. Does this set a precedent for similar "choices" ? If this does not "work out" what options does city have to eliminate or alter the ordinance ? Concerned about attracting mice,etc. What are limits on number,noise and maintenance ? Yard should be fenced in and the type so chickens are not visible to neighbors. Coop should be "X" number of feet away from property line. How would disputes be resolved ? Can associations restrict this ? If my real estate agent says the sale and market value of my home is less because of this or a buyer will not consider buying my home because of this,then I expect a reevaluation of my tax base with the expectation my property taxes will be lowered.) would expect city government to have done a risk-reward analysis of this and have contingency plans in place if plan does not meet the measurable objectives that have been set.I am assuming most residents of EP at their jobs and the city government go through a similar process before making a decision. Dana Quinn • Citizen • (Postal Code: 55347) • Aug 10, 2015 10:01 am 6 1 Votes No Roosters, of course. If the city chooses to approve this ordinance, I think that anybody desiring to have chickens should be required to get unanimous approval from all neighbors adjoining their property, in writing, before being allowed to install a coop. Sue Bar • Citizen • (Postal Code: unknown) • Aug 10, 2015 11:48 am 6 2 Votes NO for chickens. I'm all for eating local and home gardening, but I really don't want to live in a neighborhood or next to a neighbor with a "mini-farm" of chickens. MariBeth Schulke • Citizen • (Postal Code: 55347) • Aug 10, 2015 1:08 pm 6 2 Votes Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes No roosters, a limit on hen number. same type of regs and restrictions that is currently in place for dogs and cats and other pets that spend time outdoors Teri Austin • Citizen • (Postal Code: 55344) • Aug 10, 2015 5:03 pm iJ 4 Votes I agree that having up to 4 chickens on a specific sized yard is a great idea! I am not for the roosters though. Zhanna Semenova • Citizen • (Postal Code: 55347) • Aug 10, 2015 11:38 pm iJ 2 Votes Yes, great idea! I think number must be depend on yard size: Like 2 for .3 acr, 4- for .5 acr, 8- for 1 acr. Jane Vanderwilt • Citizen • (Postal Code: 55347) • Aug 13, 2015 2:17 pm 6 1 Votes No chickens of any sex or number in the residential neighborhoods! Doug McKenney • Citizen • (Postal Code: unknown) • Aug 15, 2015 12:22 pm 6 0 Votes Within Eden Prairie the limit should be 4 female chickens on any size lot, and no roosters. We need to have a way to resolve issues with neighbors, if any arise. Although I can't imagine any issues arising. A friend of mine in St. Louis Park had to get rid of his tiny chickens when a neighbor complained. Not sure what the issue was, though Victoria Risken • Citizen • (Postal Code: 55346) • Aug 16, 2015 9:41 am 6 1 Votes Yes backyard chickens should be allowed in Eden Prairie. No roosters and a limit of 4 hens properly housed. Cathy Thayer • Citizen • (Postal Code: 55346) • Aug 19, 2015 9:10 pm 0' 0 Votes Limit the number of hens, no roosters, specify lot size and distance from property lines. Free range might not be a viable option given the lot sizes. My dogs are not allowed to roam free, I can't see chickens being allowed to. Neighbors come and go, so that should have no impact on a property owners ability to do something on their own property. Marilynn Torkelson • Citizen • (Postal Code: 55347) • Aug 21, 2015 1:11 pm 6 0 Votes Full Report Backyard Chickens in Eden Prairie Closed Aug 21, 2015 • Discussion • 100 Participants • 2 Topics • 150 Answers • 27 Replies • 138 Votes SHOULD BACKYARD CHICKENS BE ALLOWED IN EDEN PRAIRIE? 9 93 Answers • 14 Replies Do you think the current City ordinance should be changed to allow residents to have chickens? Why or why not? Marcel Nienhuis • Citizen • (Postal Code: unknown) • Aug 05, 2015 4:16 pm 6 20 Votes Yes! Chickens make good pets and they can produce eggs for a household and other neighbors. Most cities, especially suburbs, allow chickens with reasonable restrictions. Kendra Lettau • Citizen • (Postal Code: 55347) • Aug 05, 2015 5:19 pm 6 18 Votes Absolutely. Kim Witthuhn • Citizen • (Postal Code: 55347) • Aug 05, 2015 5:27 pm iJ 20 Votes Yes! The number of problems other cities have had regarding chickens is minimal, and this is such a small thing to do that would make lots of people happy. We live right on the border of two more rural counties, and it just makes sense to give us the same kind of privileges they have. Michael Simmons • Citizen • (Postal Code: 55344) • Aug 05, 2015 5:32 pm 6 18 Votes Yes - up to four chickens would provide fresh eggs and should not disturb neighbors. It appears to be working so far in neighboring communities. Melissa Kaan • Citizen • (Postal Code: 55346) • Aug 05, 2015 5:33 pm 0 16 Votes Yes! With reasonable restrictions, chickens should be allowed. Hannah Kokesh • Citizen • (Postal Code: 55347) • Aug 05, 2015 5:48 pm O 17 Votes Yes, absolutely. Many other suburbs allow backyard chickens, and I'd like to have that same right. Full Report From: Sent: Saturday, August 22, 2015 12:40 PM To: GRP-AllCouncil Subject: Chickens in EP Dear City Council Members, I am definitely in favor of allowing a small number of"residential chickens" for citizens in Eden Prairie. Regards, Vicky Miller Sent from Windows Mail From: Sent: Friday, August 14, 2015 5:06 PM To: GRP-AllCouncil Subject: re: City Connect Hi, I just sent you an opinion on chickens I REFUSE to use social media sites that require you to "sign up"........ That's why I went with the e-mail route. John Jacobsen From: jcjacobsen@q.com Sent: Friday, August 14, 2015 5:04 PM To: GRP-AllCouncil Subject: re: Chickens in the backyard Good day, On the subject of chickens in Eden Prairie: NO! NO! NO! "WE" have a bad enough time dealing with the smoke from "recreational" fires, on what seems like every night of the week. We shouldn't have to deal with all that comes with chickens. If residents want fresh eggs and chicken meat, well, that's what we have grocery stores for. If you want it fresh, go see a farmer or move to the country. Done venting <GRIN>, but I'm serious NO to chickens. Hope you all have a GREAT Fall season. John Jacobsen E.P. • From: Sent: Friday, August 14, 2015 9:14 AM To: GRP-AllCouncil Subject: Chicken In EP Good morning. I am writing to voice my opposition to allowing chickens in Eden Prairie. We moved td to Eden Prairie because we wanted to live in a suburban community. We definitely did not want to live in a rural area and certainly don't want chickens (or other farm animals)in our neighborhood. I urge you to NOT allow residents to keep chickens or other such animals. Thank you. From: Sent: Thursday, August 13, 2015 2:27 PM To: GRP-AllCouncil Subject: Chickens I am an Eden Prairie resident ( Woodland Drive)who thinks that Eden Prairie SHOULD allow backyard chickens. I am fine with limiting the number per household but I do think we should be allowed. Betsy Hsiao From: Jon Stoltz Sent: Monday, August 10, 2015 1:02 AM To: Rick Getschow Subject: FW:City of Eden Prairie, MN Weekly Digest Bulletin I think that it's great that you are asking for input. It could be a can of worms,yet it's still the right thing. My vote is no chickens O but yield if that's what the rest of the city wants, JON STOLTZ From: Eden Prairie City News [mailto:citynews@subscriptions.edenprairie.org] Sent:Sunday,August 9, 2015 8:38 PM To:Jon Stoltz Subject:City of Eden Prairie, MN weekly Digest Bulletin Speak Up and Join the Discussion! Backyard Chickens in Eden Prairie 08/05/20 I S Speak Up and Join the Discussion! I Backyard Chickens in Eden Prairie E el The City of Eden Prairie would like to know how residents feel about allowing domesticated chickens in their neighborhoods. From: Gordy & Lou Olson Sent: Sunday,August 09, 2015 7:14 PM To: GRP-AllCouncil Subject: Chickens.... ...absolutely NO NO NO!!! (Connect does not work for me). I trust you will get this message and consider it. Having been raised on a farm WITH chickens, believe you me, THEY STINK to the point of being extremely unhealthy. We didn't move into the urban area to have chicken smells follow us. I would encourage those wanting 'chickens' to move to an area where they can enjoy farm life or hobby farming. I loved the farm and am blest to have been raised there. Now I am enjoying urban living and am blest to be living in Eden Prairie. Don't move Eden Prairie down in the list of 'best cities in the USA to live in' Thank you. We will keep advised as to voting results when, or IF,this comes to that. Gordy and Lou Olson 9 From: Gordy & Lou Olson Sent: Sunday, August 02, 2015 2:37 PM To: GRP-AllCouncil Subject: NO CHICKENS...please!!!! Both my husband and I grew up on farms, and believe you me, they SMELL! In fact it is an overpowering smell that is basically not even healthy. We didn't move into the Cities to have the chickens move next door. If you want eggs, go to the Farmers Markets...they need the support and it is a way to support our wonderful MN farmers. L Olson From: Josh Michaud Sent: Friday,July 31, 2015 9:56 PM To: GRP-AllCouncil Subject: Allow chickens in Eden prairie Just wanted to put my vote in to allow chickens in Eden prairie. Josh Michaud From: _ Sent: Friday, July 31, 2015 11:3b HlVI To: GRP-AllCouncil Subject: Chickens I read in the Eden Prairie News the article regarding chickens and that the City Council is looking into approving keeping chickens in peoples' back yards. I would like to weigh in on this. I grew up on a farm where amongst other things we raised chickens to sell the eggs. To be blunt there is nothing that smells worse than chicken shit. Currently too many people don't pick up after their dogs so how do you think these same people are going to keep their chicken coops and chicken yards clean enough so they don't stink. I would not want to be a neighbor who lives next door to someone who keeps chickens. Janet Stalpes Eden Prairie 55344 From: Robb Peterson Sent: Thursday, July 30, 2015 10:29 AM To: G RP-AI ICou nci l Subject: Backyard chickens Dear Council Members, I am writing to show my support for backyard chickens. I believe there are many positive reasons to allow families to keep chickens and I hope steps will be taken in the near future make backyard chickens in Eden Prairie a reality. Thank you, Robb Peterson Eden Prairie MN 55346 Backyard Chicken Keeping Staff Research for Nov 17 Council Meeting What type of fowl/poultry is being discussed? Staff is referring solely to the female (hen) Galus Galus Domesticus,also known as the domesticated chicken. It would exclude males (roosters), Guinea hens,peacocks,peahens, ducks,geese and any other fowl. Which cities permit the keeping of hens? At least 27 metro cities allow the keeping of hens,including all five cities that border Eden Prairie.These metro cities include Bloomington, Burnsville,Centerville, Chanhassen*, Circle Pines, Eagan, Edina, Falcon Heights, Fridley, Golden Valley,Maple Grove, Maplewood, Minneapolis, Minnetonka, New Brighton, New Hope,Newport, Oakdale, Ramsey, Robbinsdale, Roseville, St. Louis Park, St. Paul,Shakopee,Shoreview, Vadnais Heights and West St. Paul. *Chanhassen allows chickens only in Agricultural Estate Districts(A-2)or Rural Residential Districts(RR)of more than 10 acres in size. Which cities prohibit the keeping of chickens? At least three metro cities prohibit keeping chickens: Eden Prairie,Wayzata and White Bear Lake. On average,how many hens are permitted? Most cities permit 4-5 hens. What are the types of complaints that are received? Most cities reported no complaints. Of the cities that actually had complaints,the numbers were extremely low(less than 10/year),and of those,most were for chickens-at-large. Janelle Dixon, CEO of the Animal Humane Society,which serves seven counties in the Metro area, said chickens accounted for only about 28 of 24,000 animals that were brought to their shelters last year. Do cities require licensing/permits/registrations? Most cities do not have a permit,license or registration program. Respondents cited that the additional staff time and paperwork did not justify the need,simply because there were so few complaints. In other words,because chickens pose no safety risk,the need to track them was not justified.Dogs,on other hand,need to be tracked so that rabies vaccinations can be verified. Are there any risks of contracting any diseases? A University of Minnesota Extension memorandum of 5/29/2012 (College of Food, Agriculture and Natural Resource Science- Department of Animal Science) indicated that there is little likelihood of contracting parasites or disease from small flocks of backyard chickens.This includes diseases such as avian influenza, salmonellosis,campylobacteriosis and chlamydophilosis (also known as psittacosis). Registration/Permit/Licensing Requirements of Metro Area Suburbs that Allow Chicken Keeping Cities that Border Eden Prairie Edina Registration is not required Bloomington Registration is not required Minnetonka Registration is not required Shakopee Registration is not required Chanhassen Registration is not required* *= Chanhassen allows chickens in Agricultural Estate (A-2) and Rural Residential (RR) districts of 10 acres or more in size. Other Metro Suburbs New Hope/Crystal - Registration is required (1 registration) • 6016 Rhode Island Ave N, New Hope Robbinsdale—Permit only required if keeping a rooster or more than two hens (2 registrations) • 4309 France Ave N. • 3833 Unity Ave N. Golden Valley- Registration is required (3 registrations) • 7450 Ridgeway Road • 2515 Florida Ave N. • 8101 Duluth Street St. Louis Park- Registration is required (9 registrations) • 3114 Hillsboro Ave S • 3000 Decatur Ave S • 7330 14th Street W • 2951 Gettysburg Ave S • 606 16th Street Oakdale- Registration is required (10 registrations) • 2333 Hallmark Ave • 6532 23rd Street N CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.E.1. Robert Ellis Resolution of Intent to Fund Local Improvements within Eden Prairie Segment Public Works of the Southwest Light Rail Transit Project Requested Action Move to: Adopt Resolution of Intent to Fund Local Improvements within the Eden Prairie Segment of the Southwest Light Rail Transit Project. Synopsis: The City has received input from our residents and businesses during the planning process for the SWLRT Project desiring improved aesthetics and access to stations. The City believes certain local improvements should be a part of the proposed SWLRT Project as it would enhance visual aesthetics,provide better access to stations, and improve economic development opportunities. The only opportunity for some of these local improvements to be made would be in conjunction with the SWLRT Project construction. The best opportunity for the remainder of the local improvements to be made would be in conjunction with the SWLRT Project so that impacts to areas businesses can be minimized and local construction costs can be reduced. The local improvements being contemplated are public plazas at stations, street lighting, upgraded overhead catenary system poles, retaining wall aesthetics, Technology Drive extension, landscaping, bridge aesthetics, and fencing and railing upgrades. Through this resolution the City is stating its intent to provide funding for the eventual construction of these proposed local improvements. The City has also requested Eden Road be reconstructed to include a trail, sidewalk, two travel lanes, two parking lanes and a landscaping boulevard area, which the Metropolitan Council has included in the SWLRT project plans. Through this resolution the City is stating its intent to provide $2,500,000 in funding to ensure Eden Road is reconstructed as contemplated and that no other improvements currently proposed within the Eden Prairie segment of the SWLRT project are de-scoped from the SWLRT project due to budget constraints. In exchange for providing funding for this local improvement the City expects the support of the Metropolitan Council and Hennepin County in the eventual construction of a town center station. After all necessary state and federal environmental review has taken place and the SWLRT Project receives a Record of Decision and Determination of Adequacy, the City will address the terms and conditions of the local improvement funding commitment through subsequent resolutions regarding appropriation of funds for construction costs through one or more subordinate funding or other agreements with the Metropolitan Council. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION OF INTENT TO FUND LOCAL IMPROVEMENTS WITHIN THE EDEN PRAIRIE SEGMENT OF THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT WHEREAS,the City of Eden Prairie (City)has been working with the Metropolitan Council in planning for the proposed Southwest Light Rail Transit(SWLRT) Project; and WHEREAS,the proposed SWLRT Project, which is under environmental review, is an approximately 14.5 mile extension of the METRO Green Line, which would operate from downtown Minneapolis through the cities of St. Louis Park, Hopkins, Minnetonka, and Eden Prairie; and WHEREAS,the City, our residents,businesses, and workers would benefit from the proposed SWLRT Project as it could provide an attractive transportation option for residents and workers along with increased development opportunities strengthening the City's tax base; and WHEREAS,the City, our residents,businesses, and workers would benefit from the proposed SWLRT Project through increased access to employment districts, cultural attractions, educational centers, and shopping and entertainment; and WHEREAS,the City has received input from our residents and businesses during the planning process for the SWLRT Project desiring improved aesthetics and access to stations; and WHEREAS,the City believes certain local improvements should be a part of the proposed SWLRT Project as it would enhance visual aesthetics,provide better access to stations, and improve economic development opportunities; and WHEREAS,the City believes the only opportunity for some of these local improvements to be made would be in conjunction with the SWLRT Project construction; and WHEREAS,the City believes the best opportunity for the remainder of the local improvements to be made would be in conjunction with the SWLRT Project so that impacts to areas businesses can be minimized and local construction costs can be reduced; and WHEREAS,the estimated costs of the proposed local improvements are $2,800,000 for public plazas and art, $250,000 for West 70th Street enhancements, $130,000 for Technology Drive extension, $360,000 for Southwest Station trail installation, $825,000 for bridge aesthetics, $1,050,000 for enhanced fencing and railing, $1,125,000 for enhanced landscaping and retaining walls, $285,000 for enhanced overhead catenary system poles, and$550,000 for Town Center area street lighting; and WHEREAS,through this resolution the City is stating its intent to provide funding for the eventual construction of these proposed local improvements; and WHEREAS,the City has requested Eden Road be reconstructed to include a trail, sidewalk, two travel lanes, two parking lanes and a landscaping boulevard area and the Metropolitan Council has included this design in SWLRT project plans; and WHEREAS,through this resolution the City is stating its intent to provide $2,500,000 in funding to ensure Eden Road is reconstructed as contemplated and that no other improvements currently proposed within the Eden Prairie segment of the SWLRT project are de-scoped from the SWLRT project; and WHEREAS,the City, in exchange for proving funding for local improvements within the SWLRT project, expects the support of the Metropolitan Council and Hennepin County in the eventual construction of a town center station; and WHEREAS,the City understands that the proposed SWLRT Project is undergoing state and federal environmental review and that this resolution does not prejudice or compromise any of these environmental review processes or any decisions made under them. NOW, THEREFORE BE IT RESOLVED,that after appropriate examination and due consideration, the governing body of the City of Eden Prairie hereby commits to reimburse the Metropolitan Council for the required local portion of design and environmental review costs related to the proposed local improvements during the Project Development and Engineering phases through future agreements between the City and Metropolitan Council. The City and the Metropolitan Council acknowledge that nothing in this resolution or any subsequent agreements shall require the Metropolitan Council to take any action or make any decision that will prejudice or compromise any review or decision-making processes required under state and federal environmental review laws, regulations, or rules. BE IT FURTHER RESOLVED,that after all necessary state and federal environmental review has taken place and the SWLRT Project receives a Record of Decision and Determination of Adequacy, the City will address the terms and conditions of this commitment through subsequent resolutions regarding appropriation of funds for construction costs through one or more subordinate funding or other agreements with the Metropolitan Council. ADOPTED by the City Council on November 17, 2015. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 17, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.E.2. Robert Ellis Resolution of Intent to Transfer City of Eden Prairie Property for the Proposed Public Works Southwest Light Rail Transit Project Requested Action Move to: Adopt Resolution of Intent to Transfer City of Eden Prairie Property for the Proposed Southwest Light Rail Transit Project Synopsis The Metropolitan Council adopted a revised proposed Southwest Light Rail Transit (SWLRT) project scope that identified right-of-way currently owned by the City of Eden Prairie (City) as a component of the proposed Project. That right-of-way includes portions of west 62nd Street east of Shady Oak Road and other land south of Highway 62. Because the City benefits from, and supports the construction of, the SWLRT project, the City wishes to set forth its intention to transfer ownership of the City land to the Metropolitan Council for the proposed project with no budget outlay of Project funds from the Metropolitan Council to the City. After all necessary state and federal environmental review has taken place and the SWLRT Project receives a Record of Decision and Determination of Adequacy, the City will address the terms and conditions of any transfer of City land in one or more subsequent City resolutions, other required government actions, and appropriate agreements whereby the Metropolitan Council accepts transfer to it by the City or another Minnesota political subdivision of the City land and all obligations and encumbrances relating thereto. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION OF INTENT TO TRANSFER CITY OF EDEN PRAIRIE PROPERTY FOR THE PROPOSED SOUTHWEST LIGHT RAIL TRANSIT PROJECT, SUBJECT TO CERTAIN CONDITIONS WHEREAS,pursuant to Minnesota Statute section 473.3994, subdivision la, the Governor designated the Metropolitan Council as the entity responsible for planning, designing, acquiring, constructing, and equipping the proposed Southwest Light Rail Transit Project (SWLRT); and WHEREAS,the proposed SWLRT Project, which is under environmental review, is an approximately 14.5 mile extension of the METRO Green Line, which would operate from downtown Minneapolis through the cities of St. Louis Park, Hopkins, Minnetonka, and Eden Prairie; and WHEREAS,the Metropolitan Council, in furtherance of its Project planning and design responsibilities, must identify properties and right-of-way that may be part of the proposed Project and ultimately must attain certain property interests for the construction and operation of the proposed Project; and WHEREAS, on July 8, 2015, the Metropolitan Council adopted a revised proposed Project scope that identifies right-of-way currently owned by the City of Eden Prairie (City) as a component of the proposed Project ; and WHEREAS,that right-of-way includes portions of west 62nd Street east of Shady Oak Road and other land south of Highway 62; and WHEREAS,the City, our residents,businesses, and workers would benefit from the proposed SWLRT Project as it could provide an attractive transportation option for residents and workers along with increased development opportunities strengthening the City's tax base; and WHEREAS,the City, our residents,businesses, and workers would benefit from the proposed SWLRT Project through increased access to employment districts, cultural attractions, educational centers, and shopping and entertainment; and WHEREAS,the City wishes to assist the Metropolitan Council in its development of appropriate Project budget documents and its pursuit of federal funding for the proposed Project, and thereby to the extent required, wishes to set forth its intention to transfer ownership of the City land to the Metropolitan Council or to another Minnesota political subdivision for use for the proposed Project, consistent with state and federal law; and WHEREAS,the City understands that the proposed SWLRT Project is undergoing state and federal environmental review and that this resolution does not prejudice or compromise any of these environmental review processes or any decisions made under them. NOW, THEREFORE BE IT RESOLVED,that after appropriate examination and due consideration, the governing body of the City of Eden Prairie intends to transfer ownership of the City land to the Metropolitan Council or to another Minnesota political subdivision for the proposed Project with no budget outlay of Project funds from the Metropolitan Council to the City, consistent with applicable law, and subject to the following conditions: a. The City's approval of the then-applicable physical design components of the preliminary design plans for its jurisdiction. b. The now-ongoing environmental review proceeds without concluding, until completion of that review, that any specific land or property interests will or will not be acquired. c. The completion of any necessary state and federal environmental review and findings. d. The City land is identified, following completion of necessary environmental review, as part of the Project. e. The Federal Transit Administration has approved and executed a full funding grant agreement for the Project. BE IT FURTHER RESOLVED,that after all necessary state and federal environmental review has taken place and the SWLRT Project receives a Record of Decision and Determination of Adequacy, the City will address the terms and conditions of any transfer of City land in one or more subsequent City resolutions, other required government actions, and appropriate agreements whereby the Metropolitan Council accepts transfer to it by the City or another Minnesota political subdivision of the City land and all obligations and encumbrances relating thereto. ADOPTED by the City Council on November 17, 2015. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk