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Home My WebLink AboutCity Council - 10/06/2015 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 6, 2015 CITY CENTER 5:00—6:25 PM,HERITAGE ROOMS 6:30—6:55 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II (5:30-6:30) I. ENTERPRISE FUNDS Open Podium - Council Chamber(6:35-7:00) II. OPEN PODIUM A. Sara Freeland—Backyard Chickens III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 6, 2015 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, 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. ACCEPT DONATION OF FREE LITTLE LIBRARY FOR THE OUTDOOR CENTER(Resolution) B. ACCEPT DONATION FROM THE EDEN PRAIRIE HIGH SCHOOL BOYS AND GIRLS SWIM TEAMS (Resolution) C. COMMISSIONER JAN CALLISON V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 15, 2015 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 15, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. TOWNPLACE SUITES by Alliant Engineering. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 1.87 acres and Zoning District Amendment within the Commercial—Regional— Services District on 1.87 acres; Site Plan Review on 1.87 acres. Location: 11588 Leona Road. (Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) CITY COUNCIL AGENDA October 6, 2015 Page 2 C. ADOPT RESOLUTION REQUESTING CONCURRENT DETACHMENT BY MINNETONKA AND ANNEXATION BY EDEN PRAIRIE OF PID 36-117-22-33-0015 (NORTH OF 11190 62ND ST.W.) D. ADOPT RESOLUTION APPROVING COMMUNICATION FACILITIES LICENSE AGREEMENT WITH VERIZON FOR 8080 MITCHELL ROAD E. APPROVE TILIA RIDGE BUFFER MAINTENANCE AGREEMENT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT F. APPROVE CEDARCREST DRIVE BUFFER MAINTENANCE AGREEMENT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT G. APPROVE PURDY ROAD BUFFER MAINTENANCE AGREEMENT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT H. APPROVE RELEASE OF AGREEMENTS REGARDING SPECIAL ASSESSMENTS FOR LOT 1 THROUGH 20, BLOCK 1; LOT 1 THROUGH 8, BLOCK 2, THE VINTAGE I. APPROVE PURCHASE OF A NEW PASSENGER BUS WITH WHEELCHAIR LIFT J. APPROVE STATEMENT OF WORK WITH XCEL ENERGY FOR RELOCATION AND BURIAL OF POWER LINES ALONG SHADY OAK ROAD K. ADOPT RESOLUTION APPROVING PARTICIPATION OF HENNEPIN COUNTY HOUSING AUTHORITY IN EDEN PRAIRIE AFFORDABLE HOUSING PROJECT L. APPROVE APPOINTMENT OF JUDGES FOR THE SPIRIT OF EDEN PRAIRIE AWARDS M. APPROVE COLLATERAL ASSIGNMENT OF TAX INCREMENT FINANCING FOR TIF DISTRICT 17 (THE COLONY) IX. PUBLIC HEARINGS/MEETINGS A. BURGER KING by Paul Dahl Associates, Inc. Request for Site Plan Review on 1.34 acres. Location: 16345 Terrey Pine Road. (Resolution for Site Plan Review) B. EDEN PRAIRIE RETAIL by EP Equities, LLC. Request For Planned Unit Development Concept Review on 0.8 acres; Planned Unit Development District Review with waivers on 0.8 acres; Zoning District Amendment within the Commercial-Regional-Services District on 0.8 acres and Site Plan Review on 0.8 acres. (Resolution for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Amendment) CITY COUNCIL AGENDA October 6, 2015 Page 3 X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: October 6, 2015 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, October 6, 2015 TUESDAY, OCTOBER 6, 2015 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name,phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. ACCEPT DONATION OF FREE LITTLE LIBRARY FOR THE OUTDOOR CENTER(Resolution) Synopsis: Girl Scout Chloe Russo will present a Little Free Library to the City Council. The library will be placed at the Staring Lake Outdoor Center. MOTION: Move to adopt the resolution accepting the donation of a Little Free Library from Girl Scout Chloe Russo. B. ACCEPT DONATION FROM EDEN PRAIRIE HIGH SCHOOL BOYS AND GIRLS SWIM TEAMS (Resolution) Synopsis: This donation is the result of purchasing a tile that is displayed on the mural. The donation was made directly to the City of Eden Prairie and is being counted towards the amount pledged by Team Foxjets towards the construction of the aquatics expansion. MOTION: Move to adopt the resolution accepting the donation of $500 from the Eden Prairie High School Girls and Boys Swim Teams towards the aquatics expansion project. C. COMMISSIONER JAN CALLISON ANNOTATED AGENDA October 6,2015 Page 2 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, SEPTEMBER 15, 2015 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 15, 2015 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-M on the Consent Calendar. A. CLERK'S LICENSE LIST B. TOWNPLACE SUITES by Alliant Engineering. Second Reading of the Ordinance for Planned Unit Development District Review with waivers on 1.87 acres and Zoning District Amendment within the Commercial—Regional—Services District on 1.87 acres; Site Plan Review on 1.87 acres. Location: 11588 Leona Road. (Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution for Site Plan Review) C. ADOPT RESOLUTION REQUESTING CONCURRENT DETACHMENT BY MINNETONKA AND ANNEXATION BY EDEN PRAIRIE OF PID 36-117-22-33-0015 (NORTH OF 11190 62ND ST.W.) D. ADOPT RESOLUTION APPROVING COMMUNICATION FACILITIES LICENSE AGREEMENT WITH VERIZON FOR 8080 MITCHELL ROAD E. APPROVE TILIA RIDGE BUFFER MAINTENANCE AGREEMENT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT F. APPROVE CEDARCREST DRIVE BUFFER MAINTENANCE AGREEMENT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT G. APPROVE PURDY ROAD BUFFER MAINTENANCE AGREEMENT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT H. APPROVE RELEASE OF AGREEMENTS REGARDING SPECIAL ASSESSMENTS FOR LOT 1 THROUGH 20, BLOCK 1; LOT 1 THROUGH 8, BLOCK 2, THE VINTAGE ANNOTATED AGENDA October 6,2015 Page 3 I. APPROVE PURCHASE OF NEW PASSENGER BUS WITH WHEELCHAIR LIFT J. APPROVE STATEMENT OF WORK WITH XCEL ENERGY FOR RELOCATION AND BURIAL OF POWER LINES ALONG SHADY OAK ROAD K. ADOPT RESOLUTION APPROVING PARTICIPATION OF HENNEPIN COUNTY HOUSING AUTHORITY IN EDEN PRAIRIE AFFORDABLE HOUSING PROJECT L. APPROVE APPOINTMENT OF JUDGES FOR THE SPIRIT OF EDEN PRAIRIE AWARDS M. APPROVE COLLATERAL ASSIGNMENT OF TAX INCREMENT_ FINANCING FOR TIF DISTRICT 17 (THE COLONY) IX. PUBLIC HEARINGS/MEETINGS A. BURGER KING by Paul Dahl Associates, Inc. Request for Site Plan Review on 1.34 acres. Location: 16345 Terrey Pine Road. (Resolution for Site Plan Review) Official notice of the public hearing was published in the Eden Prairie News on September 24, 2015, and mailed to 19 property owners. Synopsis: The applicant plans to update the exterior facade of the building to align itself with the Burger King brand. This update will include: • An increase of exterior brick building material to exceed the required 75% brick, glass or stone, and 25% other material as required by Code. Proposed brick and glass will be 95% of the exterior elevations. Five Percent exterior building material will be stucco or wood. • Update the color and architectural scheme to the current Burger King brand standard. • Update the roof material to metal. • Update signage. All new signs will need to comply with City Code, Chapter 11.70 and will require separate sign permits. • Update the landscape plan to include four additional evergreens, two deciduous trees and add ground cover plant material to include color and add variety to the site. • Inclusion of a bicycle rack. • Update parking lot lighting. • Update the drive-thru including an order canopy. Background In 1983 a Burger King Restaurant was approved on 2.15 acres. Through further parcel subdivision in 1988 and acquisition of property for Highway 5, the property now contains 1.34 acres. The original restaurant was 2,276 square feet. Over time ANNOTATED AGENDA October 6,2015 Page 4 two building additions have occurred and the restaurant has expanded to 3,832 square feet. Planning Commission Discussion Items The Planning Commission identified several issues which the Applicant has addressed and modified the site plan to incorporate the issues based on a revised site plan dated September 22, 2015. • The entrance to the drive thru has been modified with curb installation to direct vehicular traffic into drive-thru lane and stacking lane in a controlled and deliberate way. • Additional directional way finding signs both on the pavement and with above grade signs directing vehicular traffic to the drive thru at the entrance to the site. Signage will be required to comply with City Code requirements. • Added directional signs designating"over size vehicle"parking on the east side of the property. Signage will be required to comply with City Code requirements. • Added a sidewalk connection from the off-site trail to the interior of the Burger King site. • Revised the existing tree count to accurately reflect the count on site. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the September 14, 2015 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Site Plan Review on 1.34 acres B. EDEN PRAIRIE RETAIL by EP Equities, LLC. Request For Planned Unit Development Concept Review on 0.8 acres; Planned Unit Development District Review with waivers on 0.8 acres; Zoning District Amendment within the Commercial-Regional-Services District on 0.8 acres and Site Plan Review on 0.8 acres. (Resolution for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Amendment) Official notice of the public hearing was published in the Eden Prairie News on September 24, 2015, and mailed to 18 property owners. Synopsis: The proposed project is for the construction of a 7,200 square foot building. The proposed structure is a two tenant retail building. The proposal includes the removal of the existing structure and drive through and replacing it with the new structure. The proponent is seeking PUD waivers to the front yard setback and to the Floor Area Ratio (FAR) for the site. Background The structure proposed exceeds the requirements for construction materials on all facades, landscaping for the site, parking provided on site and includes the addition ANNOTATED AGENDA October 6,2015 Page 5 of bicycle racks. The architecture of the building includes varied roof lines and building wall articulations. In addition, the proponent's proposal includes the use of canopies and wall lighting to create additional definition, contrast and interest to the facades of the building. The following PUD waivers are proposed: 1. Front yard setback of 30 feet for the building at its closest point and 25 feet for the parking area at its closest point. City Code requires 35 feet. 2. Floor Area Ratio (FAR) of 0.207. City Code requires 0.2. The site exceeds the requirements for construction materials, architectural details, landscaping and provision of bicycle parking amenities. These enhancements improve the overall interest, aesthetics and definition of the site. The 120-Day Review Period Expires on November 22, 2015. Planning Commission Review and Recommendation At its September 14, 2015 meeting, the Commission asked that staff to continue to work with the proponent on several issues prior to City Council review. As a result, the following modifications have been made to revised plans received September 22, 2015: 1. The trash enclosure has been removed as a stand-alone feature and has been integrated into the structure. 2. Additional architectural detail has been added to the retaining wall, the use of complementary colors in the retaining wall has been introduced and additional landscaping has been provided in front of the retaining wall. Staff will review specific landscaping materials at the time of submittal of the final landscaping plan. 3. Modifications have been made to the building materials to utilize brick or cast stone for the bottom 3 feet of the structure where EIFS was originally proposed and a reinforced EIFS product will be used 5 feet above the brick/cast stone area. 4. Bicycle racks have been relocated to a more visible location. 5. The canopies on the north and south elevations of the building have been revised to contrast from the canopies at entrance areas to minimize confusion regarding the location of entrances into the building. 6. The Planning Commission also requested that the proponent explore the possibility of providing a pedestrian connection from its site to the McDonalds property to the east. The proponent has not provided this connection due to traffic and parking patterns on the McDonalds parcel, as well as, the configuration of property lines. The Planning Commission voted 5-0 to recommend approval of the project at the September 14, 2015 meeting. ANNOTATED AGENDA October 6, 2015 Page 6 MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 0.8 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Commercial Regional Service Zoning District on 0.8 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. 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 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations October 6, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: W.A. Jay Lotthammer, Director, Accept Donation of Little Free Library From Parks and Recreation Girl Scout Chloe Russo Requested Action Move to: Adopt the resolution accepting the donation of a Little Free Library from Girl Scout Chloe Russo. Synopsis Girl Scout Chloe Russo will present a Little Free Library to the City Council. The library will be placed at the Staring Lake Outdoor Center. History The following is from the Little Free Library Web Site: In the beginning—2009—Todd Bol of Hudson, Wisconsin, built a model of a one room schoolhouse as a tribute to his mother, a former school teacher who loved reading. He filled it with books and put it on a post in his front yard. His neighbors and friends loved it. He built several more and gave them away. Each one had a sign that said FREE BOOKS. Rick Brooks, of the University of Wisconsin-Madison, saw Bol's do-it-yourself project while they were discussing potential social enterprises. Together, the two saw opportunities to achieve a wide variety of goals for the common good. Each brought different skills to the effort, Bol as a creative craftsman experienced with innovative enterprise models and Brooks as a youth and community development educator with a background in social marketing. They were inspired by many different ideas: • Andrew Carnegie's support of 2,509 free public libraries around the turn of the 19th to 20th century. • The heroic achievements of Miss Lutie Stearns, a librarian who brought books to nearly 1400 locations in Wisconsin through "traveling little libraries"between 1895 and 1914. • "Take a book, leave a book" collections in coffee shops and public spaces. • Neighborhood kiosks, TimeBanking and community gift-sharing networks • Grassroots empowerment movements in Sri Lanka, India and other countries worldwide. By the summer of 2010 the mission and purposes served by the little boxes of books were becoming more clear. The original models had all been built with recycled materials. Each was unique but all shared the theme of exchanging good books and bringing people together for something positive. Accept Donations of Little Free Libraries From Girl Scout Chloe Russo October 6, 2015 Page 2 The names "Habitat for the Humanities," "House of Stories" soon gave way to what more and more people called Little Free Libraries. Early adopters of this little innovation became key connectors with friends and supporters. Their role as stewards were critical to the movement's growing success. Our Mission • To promote literacy and the love of reading by building free book exchanges worldwide. • To build a sense of community as we share skills, creativity and wisdom across generations. Our Goal To build 2,510 Little Free Libraries—as many as Andrew Carnegie—and keep going.* Key Strategies Promotion of reading for children, literacy for adults and libraries around the world. With no start-up or operating capital, no office or paid staff, the concept was evolving into an enterprise reaching communities far beyond a front yard next to the St. Croix River in Hudson. The first official Little Free Library outside the Hudson area was posted by a bike path behind the Absolutely Art Gallery and Café Zoma on the east side of Madison in the summer of 2010. By the time of the Willy Street Fair in September, thousands of people had seen the Absolutely Art Library. The process of giving away Bol's creations began to require a way to cover expenses to build many more than he could handle by himself. Amish carpenter Henry Miller of rural Cashton, Wisconsin became the primary craftsman,using wood recycled from a 100 year- old barn destroyed in a tornado. Giving away Little Libraries and hand-crafted signs with official Little Free Library charter numbers began to generate curiosity and"word of mouth" story sharing. The www.littlefreelibrary.org website and a loyal cadre of volunteers made it possible to expand the organizational reach beyond the co-founders. The movement centered around the enthusiasm and commitment of stewards who hosted and often built their own neighborhood Libraries. Some small grants, informal partnerships and alliances began to have an impact on Little Free Library's ability to keep up with demand. And the rest...is history, documented in newspapers, blogs and broadcasts throughout the world. The year 2011 brought local, regional and national media attention to the backyard project that had become a movement. With nearly 400 Little Free Libraries across the U.S. by the end of the year, the founders knew it was time to become a formal, independent organization. In May, 2012, Little Free Library was officially established as a Wisconsin nonprofit corporation with a board of directors. In September, the Internal Revenue Service granted tax-exempt status. Accept Donations of Little Free Libraries From Girl Scout Chloe Russo October 6, 2015 Page 3 *This goal was reached in August of 2012, a year and a half before our original target date. By January of 2015, the total number of registered Little Free Libraries in the world was conservatively estimated to be nearly 25,000, with thousands more being built. 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 a Little Free Library to be placed at the Staring Lake Outdoor Center and built by Girl Scout Chloe Russo is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 6th day of October, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations &Presentations October 6, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B. Jay Lotthammer, Director Accept the Donation from the Eden Prairie Parks and Recreation High School Girls and Boys Swim Teams Towards the Aquatics Expansion Project Requested Action Move to: Adopt the resolution accepting the donation of$500 from the Eden Prairie High School Girls and Boys Swim Teams towards the aquatics expansion project. Synopsis This donation is the result of purchasing a tile that is displayed on the mural. The donation was made directly to the City of Eden Prairie and is being counted towards the amount pledged by Team Foxjets towards the construction of the aquatics expansion. 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$500 to be used for Community Center Aquatic Center from the Eden Prairie High School Girls and Boys Swim Teams is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 6th day of October, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 15, 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 SCHOOL BOARD: Ranee Jacobus, Dave Espe, Karla Bratrud, Elaine Larabee, John Estall, Holly Link, Holly Parker SCHOOL STAFF: Dr. Curt Tryggestad, Josh Swanson, Tricia Clair, Shawn Hoffman-Bram, Tom May, Jason Mutzenberger Workshop-Heritage Room II Council Member Nelson was absent. I. JOINT MEETING WITH EDEN PRAIRIE SCHOOL BOARD Tryggestad gave an update on the School District's strategic planning process and results of their recent community survey. Tryggestad said the strategic plan is driven by the District's mission statement, which reads, "The mission of Eden Prairie Schools is to inspire each student to learn continuously so they are empowered to reach personal fulfillment and contribute purposefully to our ever-changing world." He said the emphasis is on"each" because learning is a unique process for every student. He said the District's ability to put an electronic learning device into the hands of every student has helped promote this goal. Tryggestad said the strategic planning process began in 2012 with 25-30 core planning team members. The process resulted in a five-year plan that guides all of the District's decisions. The District conducted a review of the plan in April and determined three of the results were "achieved and operational," 15 results were brought forward for review for next year, 22 results were retained and one result was removed. Tryggestad said the School District's community survey was conducted this spring. Households were contacted based on random sampling. Ninety-two percent of households rated the quality of public schools in Eden Prairie as excellent or good, which was up slightly City Council Workshop Minutes September 15, 2015 Page 2 from 2014. Seventy-five percent said the School District is headed in the right direction,up from 64 percent in 2014. Seventy-eight percent rated financial management as excellent or good, compared to 53 percent in 2014. Tryggestad noted that last fall's successful referendum promised to improve reading levels, increase college/career readiness, and to maximize the benefits of 1:1 technology. The School District has lowered K-1 class size to 20, hired 12 elementary reading and math specialists and is promoting professional development targeted at blended learning. The School District is also using funds left over from hail damage to make a number of facility improvement. Upgrades include installation of secure entrances in all of the elementary and middle schools, creation of an Administrative Services Center technology office that houses all technology staff in the same location and moving the pre-school program to the Administrative Services Center Lower Campus. Tryggestad said these changes will result in$78,000 in saving per year. A number of other improvements are being made at the Administrative Services Center, including relocation of the data center, creation of a new welcome center and renovation of the board room so that it can be used for training. Tryggestad said the School District completed Phase 1 of a two-part facilities usage study in January. Phase 2, which will take place in January 2016, will include a study of academic programming and facility usage. Input from parents will be included in the study. Getschow gave a short presentation on the results of the City's 2014 community survey. Key findings included: • Residents enjoy a high quality of life • Residents value the natural environment and outdoor amenities • Residents feel safe • Residents rate City services highly • Residents are engaged but efforts could be make to improve opportunities to be involved Ninety-five percent of residents rated quality of life as excellent or good, up from 89 percent in 2012. Location, safety,parks and community center, and schools were mentioned most frequently when residents were asked what they like most about Eden Prairie. Eight-seven percent said the overall quality of City services were good or excellent. Fifty-eight percent rated opportunities to be involved as good or excellent. Getschow said the City Council is working on providing more ways for residents to be involved and promoting existing opportunities. Case asked about current enrollment numbers. Tryggestad said enrollment has declined slightly, mainly due to a population that is aging in place. First day enrollment was down about 100 students from last year. City Council Workshop Minutes September 15, 2015 Page 3 Jacobus asked what is expected to happen to the land the Vikings own once they move their headquarters. Getschow said it is a valuable parcel, and it will be a prime location for redevelopment. He said it could be an ideal location for a full-service hotel. Link asked if the City knows where the final LRT station will be located. Tyra-Lukens said Southwest Station will be the terminus. Link said that will be convenient for high school students who take college course at the University of Minnesota through the PSOE program. II. OPEN PODIUM A. Scott Carlston—MartinBlu Trail Carlston presented concerns regarding the trail he agreed to build as part of the Developers Agreement for the MartinBlu apartment project. He noted that a portion of the trail is in a wetland area, which flooded in this spring. He is proposing an alternative trail that he says would work well for apartment building residents and the adjacent daycare. He said staff has expressed concerns that the trail would not connect to the City's existing trail system. He asked if other property owners have been required to make similar connections. Getschow said staff disagrees about the likelihood of the wetland flooding in the future. He said staff believes the original trail plan is still the best option. Case said he does not like to question staff's judgment, but he is wondering if the original plan really is the best plan. Nelson asked for staff to provide information about how often that area actually floods. She does not have a problem with Carlston's new option going over what is now proof of parking for the daycare. Getschow said staff will review the proof of parking and will work with Carlston to finalize a trail plan. Case said decisions need to be made quickly since Carlston wants to construct the trail before winter weather arrives. B. Bob Kennedy—Former Employee Kennedy said he received an e-mail that said a former City employee who was recently convicted of fraud was paid $300,000 a year. He asked if that was true. Tyra-Lukens said it is not true. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 15, 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, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Tyra-Lukens mentioned several upcoming City-sponsored activities including the One Act Plays starting this weekend, the Eden Prairie Art Crawl on September 26 and 27, and the Fall Harvest Celebration on October 3. IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Nelson added Item XIV.A.1. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 1, 2015 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the Council workshop held Tuesday, September 1, 2015, as published. Motion carried 5-0. CITY COUNCIL MINUTES September 15, 2015 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 1, 2015 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, September 1, 2015, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. WAND CORPORATION by Wand Corporation. Second Reading of Ordinance 10-2015-PUD-5-2015 for Planned Unit Development District Review with waivers on 2.88 acres; Zoning District Amendment within the I-2 Industrial Park Zoning District on 2.88 acres. Location: 7575 Corporate Way. (Ordinance No. 10-2015-PUD-5-2015 for PUD District Review with waivers and Zoning District Amendment) C. APPROVE SECOND READING OF ORDINANCE 11-2015 AMENDING CITY CODE CHAPTER 11 RELATING TO SIGNS AND ADOPT RESOLUTION NO. 2015-88 APPROVING PUBLICATION OF SUMMARY ORDINANCE D. AWARD CONTRACT FOR ELECTRONIC BILL PRESENTMENT AND PAYMENT TO INVOICE CLOUD E. APPROVE CONTRACT WITH BAKER&ASSOCIATES FOR LIQUOR STORE UPDATES F. ADOPT RESOLUTION NO. 2015-89 APPROVING THIRD AMENDMENT TO PROJECT MANAGEMENT AGREEMENT FOR TIF DISTRICT 15 (SUMMIT PLACE) G. REJECT BIDS FOR WATERFORD RD. AREA SUMP PUMP COLLECTION SYSTEM PROJECT H. AWARD CONTRACT FOR PAINTING BRIDGE FASCIA BEAMS I. ADOPT RESOLUTION NO. 2015-90 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE J. APPROVE QUOTE AND AUTHORIZE LOGIS TO REPLACE NETWORK EQUIPMENT AT FIRE STATION 4, PUBLIC WORKS AND WATER PLANT CITY COUNCIL MINUTES September 15, 2015 Page 3 K. APPROVE CONTRACT WITH ST. CROIX RECREATION FOR PURCHASE OF PLAYGROUND EQUIPMENT FOR CAMP EDENWOOD L. APPROVE AGREEMENT WITH ICE CASTLES LLC TO PROVIDE AN ICE CASTLE ATTRACTION AT MILLER PARK Getschow said Item VIII.K.will be moved to follow Item IX.B. MOTION: Nelson moved, seconded by Case, to approve Items A-J and L on the Consent Calendar. Aho said a number of residents commented on the appearance of the park after last winter's event and also about the traffic for the event. He asked how the event worked out in the end and what plans they have for the future. Case said he would also like to hear a review of the revenue received and what we anticipate revenue to be for the next event. Getschow said the item is to enter into an agreement with Ice Castles LLC for another event in 2016. The event was a success in 2015, and the rent the City charged recovered costs and more. The rent for 2016 has been increased from $2800 to $3,500 per month. The City will also collect more revenue if the attendance is higher. Ice Castles LLC is responsible for restoration, and there was some restoration required at the last event. Ice Castles LLC actually added some drain tiles to the area they used. Ice Castles LLC is responsible for the snow and ice removal. He said traffic is a question. The first and second weekends of the event in 2015 had some traffic issues,but they made some changes in terms of exiting. Ice Castles LLC plans to have timed ticketing in 2016 which should make for smoother traffic. He noted we received some good feedback from businesses in Eden Prairie who felt their businesses were enhanced during the event. Staff believes the event will be another successful operation in 2016. Case asked if they bond for restoration. Getschow said they have liability insurance for the event. Rosow said they do bond for restoration. Case asked if Ice Castles LLC participate in enhanced police enforcement costs. Getschow said he was not aware of any enhanced costs, but there were some police engaged in the event. Case asked if there was any discussion about Ice Castles LLC hiring overtime officers or reserve people to help with traffic control. Getschow said he could check with Mr. Lotthammer who was involved in the discussions with Ice Castles LLC. Case commented he heard a lot of positives from people, and it was positive publicity for Eden Prairie. He was okay with the next event if there was no long term damage done last winter. Aho said it was a very positive event and seemed to be very well received. VOTE ON THE MOTION: Motion carried 5-0. CITY COUNCIL MINUTES September 15, 2015 Page 4 IX. PUBLIC HEARINGS/MEETINGS A. SOUTHWEST LIGHT RAIL TRANSIT MUNICIPAL CONSENT PLANS (RESOLUTION NO. 2015-91) Getschow said we must again consider municipal consent to the Southwest Light Rail Transit(SWLRT)because of changes in the plan made after our previous action for municipal consent. Ryan Gonser, representing the Metropolitan Council, reviewed the 14.5 mile project and gave a summary of the changes in project scope made this summer to reduce the cost by$250,000,000. He reviewed the plans for the light rail line and the schedule for municipal consent. He said the next step in the process after municipal consent will be the design advancement. Tyra-Lukens asked those speaking at tonight's public hearing to restrict comments to three minutes. Donna Azarian, 9068 Waverly Court, said the SWLRT does not have the population density needed to succeed. She was concerned the LRT will bring crime to the City and will have a negative impact on traffic because the line travels across several of the most dangerous intersections in the City. She was concerned the residents of Eden Prairie were not given an opportunity to vote for or against the project yet the residents are expected to pay for it. She did not believe Mayor Tyra- Lukens could have an unbiased vote because of her service on the Corridor Management Committee. Adam Auxier, 7256 Gerard, said he has been an Eden Prairie resident for two years and is excited for the SWLRT to come here. He believed it is critical to the City. Ruth Charchian, 14897 Valley View Road, said she moved to Eden Prairie 40 years ago and has watched the City grow up over the years. She thought the City Council has done a great job as the City developed. We have every amenity we could want in Eden Prairie and have a wonderful life style and culture. She was fearful that everything we have created is going to be diminished with light rail, as it will eviscerate the heart of the City. We have enough people in the City now, and most of the development has been completed. She did not want to give access to criminals and did not want to subsidize the riders that don't pay. Roxann Johnson, 9009 Sutton Drive, expressed concern and opposition to the SWLRT, although it appears there is no recourse now. She did not support this decision that was made by an unelected governmental body. She was concerned about the ability of the SWLRT to pay for itself. She believed there are many convenient ways to move people around safely without tearing up our city and spending multiple millions of dollars while disrupting businesses and disturbing our life style. CITY COUNCIL MINUTES September 15, 2015 Page 5 Leslie Scharpen, 7312 Franklin Circle, was concerned that light rail in other cities does not provide a profit, and SWLRT will cost ten times the amount of money put into a bus service. He believed the money could go toward other projects such as repairing our roads and bridges. Jeff Strafe, 15021 Summerhill Drive, regretted the removal of the Mitchell Road Station from the plan and the deferring of the Town Center Station; however, costs have to be met. He has looked at the SWLRT plans very carefully, and he supports the changes in the plan. He said the process has been extremely open with boards, panels and community residents engaged in this over the last 12 years. Bob Kennedy, 11442 Burr Ridge Lane, said he has been here since 1962 and has watched many changes occur. He believed the light rail is ridiculous, and we don't have the density to support it. He was concerned it will change the City dramatically. Steve Smith, 6824 Jeremy Court, works near the light rail line and does not see any power lines now,but he was concerned those lines will return with this project. He urged the Council Members to vote no. Sheila Kihne, 11683 Welters Way, noted she had to miss her child's soccer game to attend tonight's meeting. She attended the meeting in May and expressed her opposition at that time. She said it is a $1.8 billion project that we do not need. Jeffrey Simon, 8900 Bradford Place, said there are many arguments against the light rail and some arguments for it. He was concerned the Council Members are going along with a decision against all the facts and are just buying into a social planning agenda. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. Aho said he has received questions and comments from many residents and business owners on several points. He asked if we have completed a traffic study at Southwest Station that considers the projected impact of 34,000 riders by 2040. Eliminating the Mitchell Road Station will change the makeup of the line and will have a large impact on the number of people coming and going from Southwest Station. Ellis replied staff has worked very closely with the Project Office on impacts based on current and future businesses out to 2040. A requirement of the project is that conditions may not be in failure mode by 2040. Analysis was done for Southwest Station as well as the other stations. Aho asked if there will be enough improvements to the local infrastructure so that the conditions will not degrade substantially. Ellis replied there is one intersection at Flying Cloud Drive and Technology Drive that is of some concern. We have been having discussions about the operation of that intersection and want further analysis about that. Those concerns have been included in our municipal consent response. CITY COUNCIL MINUTES September 15, 2015 Page 6 Aho asked if the City of Eden Prairie is being asked to add any funds as a result of the changes and how we are providing our share of the reduction. Ellis replied the City is looking at the possibility of dedicating land for the City West Station and have looked at assuming the cost of developing West 72nd Street. These costs are in-kind contributions. We are also looking at whether the aesthetics of the higher infrastructure is right and if it fits the character of the community. Aho asked if we are being asked to spend any General Funds or Capital Funds for the project. Ellis said there is no funding coming from the City for the SWLRT line. There may be costs for sewer and water lines under the alignment, but those would be added because that would be a good time to do those improvements. MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution No. 2015-91 approving the physical design component of the revised preliminary design plans for the Southwest Light Rail Project within the City of Eden Prairie. Aho commended the Project Office for all of the communications and the excellent job they have done in reaching out to the community. He noted the City is being asked to give municipal consent just on the physical design components, not whether Eden Prairie accepts light rail or whether we want it. We have heard from residents who have many concerns. There are some businesses that feel they will be harmed by the route as it runs along Hwy 212 on the northern side of Eden Prairie. There are concerns about the route for the line running next to hotels on Flying Cloud Drive where it will cross the entrance to the hotels and will require bells for safety. There was concern that the bridge over Technology Drive goes across one of our best parks, Purgatory Park, and will detract from the beauty of that park. The parking at Southwest Station is pretty well used now by Southwest Transit, and there are concerns that eliminating the Mitchell Road Station will increase the amount of parking at Southwest Station and cause conflicts for parking there. Aho noted he is a member of the Board of Southwest Transit. They developed a Memorandum of Understanding between Southwest Transit and the SWLRT project that Southwest Transit will continue to be a local provider of service and also provide express service to downtown. He was concerned that situation might be threatened in the future if SWLRT does not see the expected ridership and if funding becomes an issue for Southwest Transit. He was also concerned that the traffic level at Southwest Station will become onerous without the Mitchell Road Station. With everyone coming to one transportation hub it will become extremely busy. He said he believed Eden Prairie and the Twin Cities need a multi-modal transportation system, but we have an award winning transportation service with Southwest Transit that can be scaled up or down. For those reasons he planned to vote in opposition to the municipal consent on the design changes. Nelson shared Council Member Aho's concerns about the capacity of Southwest Station for parking. She noted the bus system will be a great way to bring people into the area from further west. She also would like to have the Major Center Area Station put in now. She believed light rail is important for the whole City. Many of the people who spoke have lived in Eden Prairie for a long time, but one young CITY COUNCIL MINUTES September 15, 2015 Page 7 resident was excited about light rail. City surveys have shown there is a high percentage of our population who want the service to come here. She did not believe it will be the end of our buses. She noted buses and roads don't pay for themselves either. A lot of our business community are excited about having another way to get their employees in and out of the City. The SWLRT will reduce congestion on the roads. She wanted to bring the businesses and capacity here rather than letting the light rail dollars go to another area. She noted UNH wanted the SWLRT to come here, and there are a lot of other employers near where the line comes into Eden Prairie. She was not 100%happy with the changes, but she thought it was time to get the line going again. She urged that the Town Center Station be put in as soon as possible and that we make sure the SWLRT looks as nice as possible. She planned to vote in favor of municipal consent. Butcher Wickstrom said she will support the motion as she did the last time we voted on municipal consent. She appreciated Council Member Aho's concerns and shared many of them. She hoped we are voting on design plans that are preliminary and will get some answers to our questions as we go along. She said at the previous public hearing she related her experience as a commuter who drives and experiences daily the serious traffic problem in our region. We do need SWLRT. We have looked into the future, and we believe this is the right direction to go. It is always difficult to make decisions that look out 20-30 years into the future, but she believed in this project. Case noted we all have personal opinions on the validity of light rail itself and whether we should be spending so much money on this. The Council's vote does matter, but only in the context of what we are voting on tonight. We have not been empowered to vote light rail up or down,just as we were not allowed to vote for or against the expansion of Flying Cloud Airport in 1998. We are being asked to vote if we approve of the changes in the design component as they impact Eden Prairie. Tyra-Lukens appreciated all the comments and noted she agreed with most of the comments that were made. She deeply regretted the loss of the Mitchell Road Station. She was concerned about the impact of traffic on Southwest Station as well as the impact on Southwest Transit, but that is not what we are dealing with tonight. We need to make sure the alignment change of SWLRT allows Southwest Transit to continue to serve a great need. We do need a multi-modal transportation system, and right now the only options in Eden Prairie are Southwest Transit or driving. She believed there will be a demand for this service. There are people who work along the line who will use SWLRT to get to their jobs in other locations along the line, not just to get to downtown. She was concerned about the bridge over Technology Drive and along Purgatory Creek Park. Purgatory Creek Park is a very noisy city park. She was concerned about SWLRT's visual impact on the park but did not see any way around it. She has represented Eden Prairie and Southwest Transit on committees related to the SWLRT for over 12 years. During that time she has tried to make sure light rail is the most beneficial and has the least negative impact if it is to be built. She was convinced the Project Office will continue to work with us on the issues we have identified. She believed the loss of the Mitchell Road Station CITY COUNCIL MINUTES September 15, 2015 Page 8 was a mistake, but there was a lot of money at stake and changes to the design were necessary. VOTE ON THE MOTION: Motion carried 4-0-1, with Aho opposed. B. CERTIFICATE OF APPROPRIATENESS FOR GLEN LAKE CHILDREN'S CAMP Getschow said the Glen Lake Children's Camp located at 6350 Indian Chief Road is listed on the National Register of Historic Places. A Certificate of Appropriateness (COA) is required to make any change in, on, or to a designated Heritage Preservation Site. The City of Eden Prairie leases the Glen Lake Children's Camp and property to True Friends whose mission is to provide life- changing experiences that enhance independence and self-esteem for children and adults with disabilities. True Friends has been working with the City on a plan to upgrade the playground equipment to meet the needs of the clients who are served at the camp. He said they received a grant for the project, and the City took on the role of general construction contractor. The project was recommended by the Parks Commission, and the COA was recommended by the HPC. Randy Boser, COO of True Friends, said the plans are to upgrade the very old swing set. The structure will be located within the historic district, so they worked with the HPC to design a playground that minimizes the amount of grading and the number of changes to the landscape to make it fit well within the historic district. They have a lot of campers that attend the camps who have mobility issues. The new playground equipment is very accessible and has a very large sensory environment. Butcher Wickstrom had concerns about the COA and the expansion of the equipment from a swing set to a very large playground area. She noted this is a National Register site and is a very important site to Eden Prairie and the State of Minnesota. The landscape is historically important. While she agreed with the idea of providing some playground equipment, she had several concerns including the large size of the structure. She thought both the materials and the colors are inappropriate for an historic site. She would like to hear what the Watershed District has to say about the amount of dirt being taken from the area. Butcher Wickstrom asked Ms Jeremiah to review the equipment planned and the specific location. Jeremiah reviewed several of the pieces of equipment included in the plans for the playground. The area is about 90 X 80 feet, and a three-foot retaining wall is used to get the area flat. She noted the structure is quite far into the site. Mr. Boser pointed out the five existing historic components on the site and the location of the playground. He noted they have tried to keep as far away from the historical structures as possible and minimize the impact on the site. The Watershed District said they would need approval only for the soil erosion involved. The playground will be built on a slight slope so it isn't just one large, flat surface. He reviewed the three colors to be used for the equipment. CITY COUNCIL MINUTES September 15, 2015 Page 9 Getschow said the HPC had discussions about how the colors could best fit in the area. Mr. Boser said they had some preliminary discussions with the HPC which led them to work with the vendors on the colors and the grading. Tyra-Lukens asked if this project will require any sidewalks or trails to get from one pod to another. Mr. Boser said there is an existing trail that is used to access the playground, and there is an ADA-acceptable slope between the different areas. Butcher Wickstrom asked about the primary material of the components. Jeremiah believed it is recycled plastic. Mr. Boser said the poles and supporting structure is coated steel, and the slides and other components are a strong composite plastic. The surface will be woodchips and wood fiber. Tyra-Lukens said her understanding is that safety standards for appropriate park equipment change very fast, and she asked if this could be rebuilt to what is currently there. Mr. Boser said there is a standard 30-year old swing set there now that could not be built again because it is not accessible and does not meet the needs of the children who use it. Nelson noted the HPC voted 7-0 for approval of the project, and it seems to be beyond the historical area. She liked the idea of replacing the old swing set with a current updated playground. She thought the use for this particular land is in harmony with the original use of the site. It looks like a fun place that won't harm the historical nature of the site. She noted other parts of the country have many more historic places with playgrounds. Many of the things that are supposed to look like natural things do not work out. She believed it will be okay to go with the color scheme considering the fact the structures can be removed. Case thanked Council Member Butcher Wickstrom for her stand over the years to protect our historical features. He did feel that anything that will be done could be undone. This is an adaptive reuse of an historic property and is a good compromise of use and historic integrity. In all of our dealings to preserve historic properties over the years, we have used the criteria that a structure was okay if it could be taken off the historic site once it was added. He would have to defer to someone who knows what fits the needs of these children and would trust that our staff and the proponent have looked at that. Because it can be undone, he would defer the decision and the details to the people involved. Butcher Wickstrom was concerned about the historic context of the area. We need to make sure the use of the property is for children,but she thought we could do better than this. She did not want to settle for something that feels so far outside the context of this very rustic camp. It feels very jarring to her as a historic preservationist. She noted the minutes from the HPC meeting indicated they also had concerns about the project. She would like to see if it is possible to use different materials for the equipment. Aho appreciated Council Member Butcher Wickstrom's sentiments regarding the historic nature,but he did not know what we would do differently. He did not CITY COUNCIL MINUTES September 15, 2015 Page 10 think we have many options when we are required to get a structure that meets today's standards. We have to get the equipment from someone, and he thought every vendor would provide very similar structures. He did not know if you could build it in such a way as to keep the historic look while meeting the safety standards of today. He also thought the cost to construct the equipment from scratch would be prohibitive. Tyra-Lukens said she is thrilled that Camp Edenwood is there and is using the facility for something like the original use. She noted in order to function well in today's world and within today's legal system we reach an impasse in what we would like to see in the historic area and what would be affordable that would meet safety standards. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing and to adopt the Findings of Fact and approve Certificate of Appropriateness 2015-01- 001 for the removal of existing swing set and construction of modern, accessible play structure. Motion carried 4-0-1,with Butcher Wickstrom opposed. Getschow said the Council now needs to vote on Item VIII.K, which was removed from the Consent Calendar to follow approval of the COA. MOTION: Case moved, seconded by Nelson, to approve Item K of the Consent Calendar. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher Wickstrom, Case,Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Notice from PROP--Council Member Nelson Nelson said she received a notice from PROP that their food shelves are extremely low. She encouraged members of the community to go through their pantries to help fill up the food shelves at PROP. CITY COUNCIL MINUTES September 15, 2015 Page 11 B. REPORT OF CITY MANAGER Getschow noted he was able to find out during the meeting that Ice Castles LLC did pay for any extra policing needed for traffic control at the 2015 event. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:40 P.M. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 6, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Temporary Liquor Organization: St. Hubert Catholic Community Event: Barn Bash Date: October 30, 2015 Place: Riley Jacques Barn 9096 Riley Lake Road New On-Sale Wine with Strong Beer & 3.2 Beer On-Sale License Licensee name: Nampla L. L. C. DBA: Lotus Leaf 7922 Mitchell Road - 1 - CITY COUNCIL AGENDA DATE: October 6, 2015 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning TownePlace Suites Janet Jeremiah/Julie Klima Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial-Regional-Services Zoning District on 1.87 acres; and • Approve Resolution for Site Plan Review on 1.87 acres; and • Approve the Development Agreement for TownePlace Suites. Synopsis This is final approval of the development agreement and plans for a 300 square foot breakfast room addition. The 120-Day Review Period Expires on October 30, 2015. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement TOWNEPLACE SUITES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 12-2015-PUD-6-2015 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-2015-PUD-6-2015 (hereinafter "PUD-6- 2015-C-REG-SER). Section 3. The City Council hereby makes the following findings: A. PUD-6-2015-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-6-2015-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-6-2015-C-REG-SER are justified by the design of the development described therein. D. PUD-6-2015-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 October 6, 2015, entered into between TP Eden Prairie PropCo LLC and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-6-2015-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 Development6-2015-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. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of September 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 6th day of October, 2015. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2015. EXHIBIT A PUD Legal Description — Lotl, Block 1, Spring Hill Suites Addition TOWNEPLACE SUITES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 12-2015-PUD-6-2015 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 11588 Leona Road within the Commercial Regional Service Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 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 TOWNEPLACE SUITES WHEREAS, Alliant Engineering has applied for Site Plan approval to construct a building expansion by an Ordinance approved by the City Council on October 6, 2015; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 10, 2015 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its September 1, 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 TP Eden Prairie PropCo LLC based on the Development Agreement between TP Eden Prairie PropCo LLC and the City of Eden Prairie, reviewed and approved by the City Council on October 6, 2015. ADOPTED by the City Council of the City of Eden Prairie this 6th day of October, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT TOWNEPLACE SUITES THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of October 6, 2015,by TP Eden Prairie PropCo LLC,a Delaware limited liability company,hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Planned Unit Development Concept Review on 1.87 acres, Planned Unit Development District Review with waivers on 1.87 acres, Zoning District Amendment within the Commercial-Regional-Services District on 1.87 acres,and Site Plan Review on 1.87 acres, legally described on Exhibit A(the "Property"); WHEREAS, portions of the Property are subject to that certain Developer's Agreement made and entered into as of June 17, 1997 by Office Depot, Inc., a Delaware Corporation, and the City of Eden Prairie, attached hereto as Exhibit D (hereinafter referred to as the "1997 Retail- Restaurant Developer's Agreement")and that certain Developer's Agreement made and entered into as of May 20, 1997 by CSM Lodging,L.L.C.,a Delaware Limited Liability Company and the City of Eden Prairie, attached hereto as Exhibit E (hereinafter referred to as the"1997 Town Place Suites Developer's Agreement") collectively referred to as the"Prior Agreements". TownePlace Suites Development Agreement October 6, 2015 NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial- Regional-Services District on 1.87 acres,and Resolution No. for Site Plan Review on 1.87 acres, and Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated July 2, 2015,reviewed and approved by the City Council on September 1, 2015, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Property or construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the TownePlace Suites Development Agreement October 6, 2015 City Planner and receive the City Planner's written approval of a final landscape plan for the Property. The approved landscape plan shall be consistent with the quantity,type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 7. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit,water meters, and standard heating,ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 8. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise,vibration,dust and dirt,smoke,odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise,vibration,dust and dirt,smoke,odor and glare do not go beyond the Property boundary lines. 9. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Commercial-Regional- Services Zoning through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): 1. To allow a base area ratio (BAR) of 0.21. City Code requires a BAR of 0.20. TownePlace Suites Development Agreement October 6, 2015 10. REAFFIRMING CONDITIONS OF DEVELOPMENT AGREEMENT: Developer agrees to all of the terms, conditions and obligations of"Developer"under the"1997 Retail- Restaurant Developer's Agreement" and the "1997 Town Place Suites Developer's Agreement" and that the Prior Agreements remain in full force and effect, as to those portions of the Property subject the Prior Agreements except as superseded or amended by this Agreement. 11. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70. TownePlace Suites Development Agreement October 6, 2015 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2015, by Nancy Tyra-Lukens and Rick Getschow,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public TownePlace Suites Development Agreement October 6, 2015 TP Eden Prairie PropCo LLC By: CSM Hotel Management, L.L.C. Its: Management Agent By Name: Eugene M. Bowar Title: Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015,by , the , of , a Delaware limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A LEGAL DESCRIPTION—TOWNEPLACE SUITES TownePlace Suites Development Agreement October 6, 2015 Lot 1, Block 1, Spring Hill Suites Addition TownePlace Suites Development Agreement October 6, 2015 EXHIBIT B DEVELOPMENT AGREEMENT—TOWNEPLACE SUITES Site Plan Overall C-1 dated 7/2/2015 by Alliant Engineering Site Plan and Details C-2 dated 7/2/2015 by Alliant Engineering Landscape Plan and Details L-1 dated 7/2/2015 by Alliant Engineering Floor Plan A1.0 dated 6/5/2015 by CSM Rendered Elevations A2.1 dated 6/5/2015 by CSM Exterior Elevations A3.0 dated 6/5/2015 by CSM TownePlace Suites Development Agreement October 6, 2015 EXHIBIT C DEVELOPMENT AGREEMENT—TOWNEPLACE SUITES I. Prior to release of any building permit for the Property, Developer shall submit to the City Engineer for approval two copies of a development plan(1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. (Not applicable) II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. (Not applicable) IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property,the Developer, the Owners, and their respective successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and TownePlace Suites Development Agreement October 6, 2015 other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to the issuance of land alteration permit for the Property, Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property (including installation costs,if any,as determined by electrical power provider),engineering review, and street signs. (Not applicable) X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. (Not applicable) XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and TownePlace Suites Development Agreement October 6, 2015 that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements on the Property,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to issuance of a building permit for the Property, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to issuance of a building permit for the Property,except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. (Not applicable) XV. Prior to issuance of a building permit for the Property,Developer shall provide two copies of an approved survey or site plan(1"=200 scale)showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of TownePlace Suites Development Agreement October 6, 2015 the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. No land alteration or building permits for the Property shall be issued until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works,no permit shall be issued for the Property until the Developer has recorded the Development Agreement with Hennepin County Recorder's Office/Registrar of Titles' Office. TownePlace Suites Development Agreement October 6, 2015 EXHIBIT D DEVELOPMENT AGREEMENT—TOWNEPLACE SUITES May 20, 1997 Developer's Agreement between CSM Lodging, L.L.C. and the City of Eden Prairie—Town Place Suites TownePlace Suites Development Agreement October 6, 2015 EXHIBIT E DEVELOPMENT AGREEMENT—TOWNEPLACE SUITES June 17,1997 Developer's Agreement between Office Depot,Inc.and the City of Eden Prairie —Retail-Restaurant TownePlace Suites Development Agreement October 6, 2015 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda October 6, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning Concurrent Detachment &Annexation of Janet Jeremiah/Julie Klima Property Requested Action Move to: Adopt Resolution requesting concurrent detachment from Minnetonka and annexation to Eden Prairie on 0.44 acres. Synopsis TOLD Development has requested the municipal boundary between Minnetonka and Eden Prairie be modified. The subject property is an unaddressed,undeveloped parcel within the City of Minnetonka. The City of Minnetonka approved a resolution supporting the concurrent detachment from Minnetonka and annexation into Eden Prairie at its September 28, 2015 meeting. Background The subject site is 0.44 acres in size and is located north and east of parcel that is located at 11190 62nd Street West. TOLD Development is interested in pursuing a development that would incorporate both the subject parcel (currently within the City of Minnetonka) and the property located at 11190 62nd Street(property within the City of Eden Prairie). In its current configuration with the encumbrances of municipal and parcel boundaries (such as limited buildable area and building code restrictions), development would be extremely challenging and likely not occur without the detachment/annexation. If a resolution supporting the concurrent detachment and annexation is submitted to the Minnesota Office of Boundary Adjustments by Eden Prairie and Minnetonka, the Office of Boundary Adjustments will then make a determination. Following formal action by the Office of Boundary Adjustments, it is expected that an application for development incorporating both parcels would be submitted to the City of Eden Prairie. The 120-Day Review Period Expires on October 26, 2015. Staff Recommendation Staff recommends approval of the Resolution for Concurrent Detachment and Annexation. Attachments 1. Location Map 2. Joint Resolution for Concurrent Detachment and Annexation 3. Minnetonka Staff Report LOCATION MAP _ - '-----0003 .- - - Street 6025 6006 - - 6011 1�.0.1 6020 • r 6001 11000 10701 6027 y 108G1 _GiTy 6032 - 10501 .z 6035 a.ali141J L'v4Y ,zj 34 10401 34 X 36- 1039. -Cnuii _ _ _ N 6049 " • :;5 L 6056 N6075 City of Minnetonka 10995 10901 10400 351172244 6115 361172233 351172243 6078 6133 10999 10985 10301361172234 6125 E124 5136 E1EG Cflit-1�aHf VE 6100 6112 10297 - Minnetonka 10273 Parcel Municipal 10 Boundary ` - ,E200 11190 6216 61 _ Carm Park (� - f Eden Prairie 1 Eden Prairie • 61 626 '_ - Parcel 267 6272 E.1•` 2 . 61 6284 E 11_020 - 61 3279 _ -% 61 6292_ 6330 O OPIUM CIRCLE i91 61 6300 021162211 0 011162222 0111622 6318 6308-2 0211,6221211000 L r�,yf, 6323 r-, 1 �I{ 2 6331 �[40 6342 6341 6340 6339 Y 6355 I 61 6350 Y 11842 6347 — - . \ 61 I 11818 EF. - - - . 61 11801 6358 l2F 6423 C� 61 11705 i 61 !ya ` ..--- . F , ,.� I CITY OF EDEN PRAIRIE RESOLUTION NO. 2015-95 CITY OF MINNETONKA RESOLUTION NO. 2015-091 JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM MINNETONKA AND ANNEXATION TO EDEN PRAIRIE OF CERTAIN LANDS PURSUANT TO MINNESOTA STATUTES SECTION 414.061 WHEREAS, certain real property, approximately 0.44 acres in size, legally described on Exhibit A attached hereto and incorporated herein and depicted on the survey thereof attached hereto and incorporated herein as Exhibit B (the"Annexation Property") is located in the City of Minnetonka; and WHEREAS,the Annexation Property abuts real estate along its southerly border that is located in the City of Eden Prairie; and WHEREAS, TOLD Development("Developer") desires to use the Annexation Property to facilitate the platting and development of a commercial development; and WHEREAS,the City of Minnetonka, the City of Eden Prairie and the Developer desire that the entire plat of the yet unnamed development be located within the boundaries of one municipality; and WHEREAS,the City of Minnetonka and the City of Eden Prairie desire to modify their municipal boundary in order to allow the platting and development of the unnamed development; and WHEREAS,to modify the boundary the City of Minnetonka desires to detach and the City of Eden Prairie desires to attach the Annexation Property pursuant to Minnesota Statutes Section 414.061. NOW, THEREFORE,BE IT RESOLVED: 1. The City of Minnetonka and the City of Eden Prairie jointly request that the Office of Administrative Hearings—Municipal Boundary Adjustment concurrently detach the Annexation Property from the City of Minnetonka and annex the same to the City of Eden Prairie at the earliest possible date. 2. The City Clerk for each city is directed to submit this Joint Resolution to the Office of Administrative Hearings—Municipal Boundary Adjustments for the purposes set forth herein. 3. The City of Minnetonka and the City of Eden Prairie agree that, within 30 days of receipt of this Resolution,passed and adopted by each party, the Office of Administrative Hearings—Municipal Boundary Adjustments, may review and comment,but shall order the concurrent detachment and annexation consistent with the terms of this Resolution. 4. The City of Minnetonka has designated a Comprehensive Plan Land Use Guiding of Low Density Residential and a Zoning District designation of Single Family Residential for the Annexation Property. These designations most closely resemble the City of Eden Prairie Comprehensive Plan Land Use Guiding of Low Density Residential and a Zoning District designation of R1-13.5. Upon annexation into the City of Eden Prairie, the Comprehensive Plan Land Use Guiding shall be Low Density Residential and the Zoning District designation shall be R1-13.5. These designations shall be in place until such time as the Developer makes application to request Comprehensive Plan Land Use Guiding and Zoning District designation as a part of the overall site development review process. Adopted by the City Council of the City of Eden Prairie on the 6th day of October, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CERTIFICATION The undersigned, being the duly qualified Clerk of the City of Eden Prairie, hereby certifies the foregoing Resolution No. 2015-95 is a true and correct copy of a resolution presented to and adopted by the Council of the City of Eden Prairie at a duly authorized meeting thereof held on the 6 day of October, 2015, as shown by the minutes of the aforesaid meeting in possession of the undersigned. Kathleen Porta, City Clerk (Seal) Adopted by the City Council of the City of Minnetonka on September 28, 2015. Terry Schneider, Mayor ATTEST: David E. Maeda, City Clerk Action on this resolution: Motion for adoption: Seconded by: Voted in favor of: Voted against: Abstained: Absent: Resolution adopted. I hereby certify that the foregoing is a true and correct copy of a resolution adopted by the City Council of the City of Minnetonka at a meeting held on September 28, 2015. David E. Maeda, City Clerk (Seal) EXHIBIT A Legal Description THAT PART OF THE SW 1/4 OF THE SW 1/4 DESC AS FOL COM AT THE NW COR OF SEC 1-116-22 TH ON AN ASSUMED BEARING OF N 87 DEG 01 MIN 59 SEC E ALONG THE S LINE OF SAID SW 1/4 OF THE SW 1/4 A DIS OF 47.27 FT TO THE PT OF BEG TH N 6 DEG 16 MIN 29 SEC W 7.74 FT TH N 56 DEG 19 MIN 50 SEC E 96.26 FT TH N 77 DEG 06 MIN 08 SEC E 198.93 FT TH S 29 DEG 35 MIN 59 SEC E 102.01 FT TO THE S LINE OF SAID SW 1/4 OF THE SW 1/4 TH W ALONG SAID S LINE TO BEG City Council Agenda Item #10_ Meeting of September 28, 2015 Brief Description Resolution approving a concurrent detachment from Minnetonka and annexation to Eden Prairie of a property located at the southeast intersection of Highway 62 and Shady Oak Road. Recommendation Adopt the resolution requesting concurrent detachment and annexation Background The subject property is an unaddressed, undeveloped lot located south of Highway 62 and east of Shady Oak Road. The property — which is technically located in the city of Minnetonka — is roughly 19,250 square feet in size. However, based on its configuration and location abutting state right-of-way, the property contains just 750 square feet of buildable area. (See pages A1—A2.) TOLD Development has requested the municipal boundary between Minnetonka and Eden Prairie be modified. Detachment from Minnetonka and annexation to Eden Prairie would facilitate platting and further development of the adjacent gas station property. The city of Eden Prairie estimates that such development would generate approximately $25,000 in total taxes. Of that amount, $3,000 would be from the portion currently located in Minnetonka. Without the city boundary changes, the development scenario is unable to occur, as the building could not meet minimum building code requirements; among other city requirements. Currently, the city's portion of property taxes is approximately $150.00 per year. (See page A3.) Staff Analysis Staff finds that the detachment/annexation proposal is reasonable as: 1. The property is the only lot within the city of Minnetonka located south of Highway 62. 2. The only access to the property from Minnetonka would be via the on-ramp to eastbound Highway 62. 3. Given the size, configuration, limited buildable area, and building code restrictions, it is highly unlikely the property would develop independently. Staff Recommendation Adopt the joint resolution requesting concurrent detachment from Minnetonka and annexation to Eden Prairie. (See pages A4—A7.) Through: Geralyn Barone, City Manager Julie Wischnack, AICP, Community Development Director Originator: Susan Thomas, AICP, Principal Planner CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 6, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Community Telecommunications—Verizon Wireless— Development/Planning Lease for Communication Facilities License Janet Jeremiah/Steve Durham Agreement at 8080 Mitchell Road - City Center Requested Action Move to: • Adopt the Resolution for the 8080 Mitchell Road City Center - Communication Facilities License Agreement. Synopsis The proposed small cell site project will place two (2) antennae stations on the City Center roof. These small cell site antennae will help to improve coverage for Police Department communication when working in their squad cars in the parking lot or outside the immediate area surrounding City Center. Background The Information Technology Manager several months ago indicated there was a Wireless Telecommunication coverage problem on the City Center site. Verizon Wireless offered a "small cell site" solution for the City Center which included two (2) smaller antenna sites mounted to the roof to improve coverage. There will be an antenna site on the east and west end of the City Center roof. These smaller antennae interact with the larger cell tower servicing the City Center Area. This new technology is a pilot project and is designed to improve coverage where large cell tower coverage inefficiencies create pockets of decreased service or no service due to terrain or other physical barriers. City Staff included in review of this project include Building Department, Facilities, Information Technologies and Planning Department. Recommendation The Director of Community Development recommends approval of the of the lease agreement. Attachments 1. Resolution for Communication Facilities License Agreement 2. Communication Facilities License Agreement 3. Memorandum of Communication Facilities License Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- A RESOLUTION GRANTING A COMMUNICATION FACILITIES LICENSE AGREEMENT AT THE CITY CENTER SITE 8080 MITCHELL ROAD, EDEN PRAIRIE, MINNESOTA WHEREAS, Verizon Wireless seeks, in collaboration with the City of Eden Prairie, a License Agreement with the City to improve wireless communication for the Police Department and Public Safety communication; and WHEREAS, Placement of communication antennae will be on the City Center roof top; and WHEREAS,Verizon has requested a license agreement; and WHEREAS, The City of Eden Prairie and Verizon Wireless have agreed to terms for a new Communication Facilities License Agreement at the 8080 Mitchell Road, Eden Prairie Minnesota, City Center Building, for a term of five (5) years beginning on October 6, 2015, with an option to extend the Agreement for one (1) additional five (5) year term; and WHEREAS, the City Council has reviewed said request at a public meeting on October 6, 2015. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that the new Communication Facilities License Agreement between the City of Eden Prairie and Verizon Wireless with a commencement date October 6, 2015 is approved and the Mayor and City Manager are authorized to execute the Amendment. ADOPTED by the City Council of the City of Eden Prairie this 6th day of October, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk COMMUNICATION FACILITIES LICENSE AGREEMENT City Hall This Agreement ("Agreement") is made this 6th day of October, 2015, between the City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344, a Minnesota municipal corporation hereinafter referred to as "Grantor," and Verizon Wireless (VAW) LLC dibia Verizon Wireless, with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter referred to as "Grantee." Grantor and Grantee are referred to collectively herein as (the "Parties"). RECITALS: A. Grantor is the owner of certain real property located in Hennepin County, State of Minnesota, and more particularly described in Exhibit A attached hereto (the "Land") on which is situated the City Hall Building (the "Building"). The Land and Building are hereinafter called the "Property". B. Grantee desires a non-exclusive license to use portions of the Property as described herein for the purpose of constructing, operating, and maintaining a communications facility ("Facility"). NOW,THEREFORE, the Parties agree as follows: 1. Grant ot_l.icense. Grantor grants to Grantee a license for the use of the Property for the period, uses, and consideration in accordance with all of the terms, covenants, conditions and provisions contained herein. 2. Term. The term of the license granted hereby shall be for a period of five (5) years (the "Term"), commencing on the commencement dated described in Section 4(e) below (the "Commencement Date"). 3. Consideration. In partial consideration for the granting of the license, the Property will receive the benefits of enhanced wireless communications arising from operation of the Facility. 4. Grantee's Use. Grantee may use the following parts of the Property for the following uses, and the construction, maintenance, repair and replacement of the following (all of which are hereafter referred to and are encompassed by the term"Facility"): (a) Approximately two hundred (200)square feet of rooftop space on the Building for construction of an antenna installation, which antenna installation is more particularly described in Exhibit B attached hereto. (b) Intentionally omitted. 1 MIN EPPD SC COMMUNICATION FACILITIES LICENSE AGREEMENT 2866433v1 (c) Utility wires, cables, conduits and pipes underground within that part of the Property described in Exhibit C attached hereto. (d) Grantee shall have the right to ingress and egress twenty-four(24) hours each day, seven (7) days a week, on foot or motor vehicle on and over that part of the Property as described in Exhibit C for the purpose of inspecting, maintaining and repairing its Facility and related equipment, provided however, Grantor shall have the right to require Grantee to exercise its rights of ingress and egress on and over a different part of the Property or other Property as may be provided by or through Grantor. Grantee shall be solely responsible, and liable to Grantor, for damage to Grantor's property to the extent caused by or attributable to Grantee. (e) Grantor shall, at all times during the term of the Agreement, provide electrical service and telephone service access for the Facility. In consideration for electrical service, monthly rent in the amount of One Hundred Twenty-Five and 00/100 Dollars ($125.00) shall be due from Grantee to Grantor throughout the Term and Extended Term and shall commence on the first day of the month following the day that Grantee commences installation of the Facility (the "Commencement Date"), to be paid in advance monthly to Grantor or to such other person, firm or place as Grantor may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date by notice given in accordance with Paragraph 24 below. Grantor and Grantee agree that they shall acknowledge in writing the Commencement Date. Grantor and Grantee acknowledge and agree that the initial rental payment(s) may not actually be sent by Grantee until thirty (30) days after the acknowledgement of the Commencement Date. Grantee's Facility shall be installed at Grantee's expense and shall be maintained in a reasonable condition and secured by Grantee. Grantee shall ensure that its use of the Property is consistent with all applicable local, state and federal laws, ordinances and policies. 5. Non-Exclusive License. Grantee's license to use those portions of Grantor's Property described herein is non-exclusive and Grantor shall have the right to use its Property and to authorize others to do so as Grantor, in its sole discretion, may determine. In the event that the use of the Property by others to whom Grantor may authorize such use constitutes an unreasonable or harmful interference with Grantee's use of the Property, Grantee may give notice to Grantor of such interference, If the interference is not corrected within thirty (30) days after the giving of such notice, Grantee may terminate this agreement upon notice to Grantor. b. Utilities and Taxes, 2 MIN EPPD SC COMMUNICATION FACILITIES LICENSE AGREEMENT 2866433v1 (a) Grantee will be responsible for installation and payment of all utilities required by the Facility except for electrical service which shall be provided and paid for as set forth in Section 4 above. (b) Grantee shall pay all special assessments, and personal property and/or real estate taxes levied by any taxing authority, against or upon the Facility or the Property as a result of the installation and use of the Facility and the use of the Property by Grantee. Grantor will provide to Grantee a copy of any notice of taxes or special assessments imposed upon the Facility or Property as a result of the Facility or use of the Property by Grantee, which Grantor may receive from any taxing authority. (Subject to any and all limitations imposed by law, Grantee may contest, at its own expense, any such taxes or assessments.) 7. Maintenance. All costs for maintenance of the Property and Facility including but not limited to painting or other maintenance of the Building, that result from Grantee's use of the Property, shall be the responsibility of Grantee. In addition, if Grantor determines, in its sole discretion, that removal of all or any part of the Facility is necessary for maintenance, repair, or replacement of the Building, Grantee shall remove the Facility upon thirty (30) days written notice and Grantee shall bear all costs related to removal and replacement of the Facility. Grantor shall provide an invoice of maintenance and removal costs and Grantee shall promptly pay such invoices. During Grantor's work, Grantee may maintain a temporary communications facility on the Property in a location approved by Grantor. If the Property will not accommodate Grantee's temporary communications facility, or if the Parties cannot agree on a temporary location, the Grantee, at its sole option, shall have the right to terminate this Agreement upon thirty (30) days written notice to Grantor. 8. Ownership of Facility/Removal. During the Term of this Agreement and any Extended Term, ownership of the Facility will remain in the Grantee. Grantee shall, not more than ninety (90) days from the termination of this Agreement remove the Facility and shall restore the Property from which they have been removed to its condition at the commencement of the Term reasonable wear and tear and casualty damage excepted. Contemporaneously with the delivery to Grantor of this Agreement executed by Grantee, Grantee solely at its cost and expense, will procure and deliver to Grantor an irrevocable letter of credit ("Letter") in favor of Grantor in the principal amount of five thousand dollars, ($5,000.00) to secure Grantee's obligation to remove the components and/or those portions of the Facility referred to in (a) and (b) of this Section. In the event Grantee fails to remove the components and/or those portions of the Facility required to be removed within the time or times provided and restore the Property, Grantor may do so. Grantee shall reimburse Grantor for all costs incurred by Grantor to remove those portions of the Facility and restore the Property. Grantor may draw upon the Letter in an amount that will reimburse Grantor for its costs. Any amount remaining will be refunded to Grantee. If the Letter is insufficient to cover Grantor's costs Grantee shall promptly pay to Grantor the deficiency. 3 MIN EPPD SC COMMUNICATION FACILITIES LICENSE AGREEMENT 2866433v I 9. Additional Equipment. If Grantee seeks to install or use equipment in addition to the specific equipment identified in this Agreement, Grantee shall submit a telecommunication application with plans and specifications to the Grantor for the Grantor's written approval, which shall be in Grantor's sole discretion to grant or deny. In the event the Grantor does not either (i) object to the plans in writing or (ii) furnish the Grantee with written approval, within thirty (30) days of the date of submission of the plans, Grantor will be deemed to have approved them. Notwithstanding the foregoing, maintenance and repairs shall not require the prior consent of the Grantor. 10. Defense and Indemnification. (a) General. Grantee shall defend, indemnify,and hold Grantor harmless against any claim of liability or loss from personal injury, property damage or liens resulting from or arising out of the use and occupancy of the Property, and the installation and/or removal of the Facility by the Grantee,its officers, employees or agents, including reasonable attorneys' fees and costs, provided such injury to persons or damage to property are not due to the sole negligence,willful acts or omissions of Grantor, its officers, employees or agents. (b) Hazardous Materials. Without limiting the scope of Subparagraph 10(a) above, Grantee will be solely responsible for and will defend, indemnify, and hold Grantor, its officers, agents, and employees harmless from and against any and all claims,costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Property resulting from Grantee's use of Hazardous Materials. For purposes of this Agreement, "Hazardous Materials" shall mean: Any toxic or hazardous substances or wastes, pollutants or contaminants(including,without limitation,asbestos,urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil,crude oil and various constituents of such products, and any hazardous substance as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. §9601-9657,as amended). (c) Grantee's Warranty. Grantee represents and warrants that its use of the Property will not generate and Grantee will not store or dispose of on the Property, nor transport to or over the Property, any Hazardous Materials. 11. Insurance. (a) General Commercial Liability. Grantee shall maintain an occurrence form commercial general liability insurance coverage. Such coverage shall include, but not be limited to, bodily injury, property damage — broad form, and personal injury, for the hazards of Premises/operation, broad form contractual, independent contractors, and products/completed operations. The policy shall have coverage limits of at least $2,000,000 for any one occurrence of property damage and $2,000,000 per person and per occurrence for personal injury or death. 4 MIDI EPPD SC COMMUNICATION FACILITIES LICENSE AGREEMENT 2866433v (b) Property. Grantee shall keep in force during the Term and any Extended Term a policy covering damages to its Facility at the Property. The amount of coverage shall be sufficient to provide for replacement of the damaged Facility, damages resulting from loss of use, and shall comply with any ordinance, statutory, or legal requirements. (c) Workers Compensation. Grantee shall maintain worker's compensation insurance required by law. (d) Excess Liability. Grantee shall maintain an excess or umbrella liability policy with a limit of at least$5,000,000.00. (e) Adjustment to Insurance Coverage Limits. The coverage limits set forth herein shall be increased at the time of any Extended Term by multiplying the current coverage limit by a fraction, the numerator of which is the Consumer Price Index All Urban consumers-All Items Base 1982 to 1984 Equals 100, as published by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI-U") for the month that is three months preceding the first day of the extended term, the denominator of which is the CPI-U for the month that is three months prior to the first day of this Agreement. If the CIP-U is discontinued, comparable statistics on the purchasing power of the consumer dollar published by the U.S. Department of Labor or its successors as designated by Grantor shall be used for making the computations in this paragraph. In the event the same base period (1982-1984 Equals 100) used in computing the CPI-U is changed, the figures used in making the adjustment shall accordingly be changed so that the changes in the CIP-U are taken into account with the same mathematical results notwithstanding any change in the base period. In the event of any other changes in the CIP-U, the Grantor shall designate a comparable calculation to be used for the calculations of this paragraph. (f) Additional Requirements. The insurance policies noted in this Section 11 shall be issued by a company (rated A+ or better by Best Insurance Guide) licensed to do business in the State of Minnesota, and shall name the Grantor as an additional insured. The policies shall specify that the coverage will be the primary and noncontributory. The policies shall also insure the indemnification obligation(s) contained in Section 10. A copy of the Grantee's insurance declaration page(s), Rider(s), or Endorsement(s), ("Proof of Insurance") as applicable, which evidences the existence of this insurance coverage naming the Grantor as an additional insured must be provided to the Grantor before Grantee, or any party acting on Grantee's behalf or at Grantee's behest, enters the Property for the purpose of construction or placing any Facility or related material on the property. The Proof of Insurance shall also provide that the coverage(s) may not be canceled, non-renewed, or materially changed without thirty (30) days prior written notice to Grantor. 5 MIN EPPD SC COMMUNICATION FACILITIES LICENSE AGREEMENT 2866433vI 12. Temporary Interruptions of Service. When Grantor determines that continued operation of Grantee's Facility would cause or contribute to an immediate threat to the public health and/or safety (including maintenance and operating personnel), Grantor may, without prior notice to Grantee, cause discontinuance of operation of Grantee's Facility or may order Grantee to discontinue its operation. Discontinuance of Grantee's operation shall include but shall not be limited to, shutting down the transmission of electromagnetic waves or impulses to or from the Facility. Grantee shall immediately comply with such an order. Operations shall be discontinued only for the period that the immediate threat exists. If prior notice is not given to Grantee, Grantor shall notify Grantee as soon as possible after its action and give its reason for taking action. Grantor shall not be liable to Grantee or any other Party for any interruption in Grantee's service or interference with Grantee's operation of its Facility. If the discontinuance shall extend for a period greater than three (3) days, either consecutively or cumulatively, Grantee shall have the right to terminate this Agreement within its sole discretion without any prior notice. Notwithstanding anything to the contrary in this Agreement, Grantor acknowledges and agrees that the FCC is the only party that has jurisdiction over the interference, health effects and permissible exposure levels of wireless communications facilities. 13. Interference with the Property. Grantee shall not interfere with Grantor's use of the Property, or use by others to whom Grantor has granted the use of the Property, and, except for as provided in Paragraph 14 with respect to interference with communications, agrees to cease all such actions which interfere with the use thereof by Grantor or others no later than three (3) business days after receipt of written notice of the interference from Grantor. If the interference cannot be eliminated within three(3) days after Grantee has received written notice, either Grantor or Grantee may at its option terminate this Agreement immediately. 14. Interference with Communications. Grantee's use and operation of its Facility shall not interfere with the use and operation of other communication facilities now or hereafter installed on the Building, whether owned by Grantor or another. If Grantee's Facility causes interference, Grantee shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within forty-eight (48) hours after receiving Grantor's written notice of the interference, Grantee shall immediately cease operating its Facility and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within thirty (30) clays after Grantee has received Grantor's written notice, Grantor may at its option terminate this Agreement immediately. 15. Additional Covenants. Grantee shall: (a) use natural gas or propane (and shall not use gasoline or diesel fuel) for energy to power an engine to operate a generator to be installed on the Property, if any; (b) not use any process or method in the installation, maintenance, or removal of any Facility upon the Building by means of welding, cutting tool, or other device which could damage the Property or Grantor's Building, including its interior and exterior paint (if any) or any equipment attached thereto; (c) protect the Building from damage or harm in the event of the repair or maintenance of the Building 6 MIN EPPD SC COMMUNICATION FACILITIES LICENSE AGREEMENT 2866433v1 or other facilities of Grantor; (d) not, without Grantor's consent, remove, cut, or trim any trees or other vegetation on the Property; and (e) replace significant trees (as defined in Eden Prairie City Code) lost or reasonably anticipated to be lost as a result of construction of the Facility upon the Property in accordance with the provisions of Eden Prairie City Code Section 11.55. 16. Default. The following shall constitute an event of default by Grantee ("Grantee's Default"): (a) Grantee's failure to make prompt payment of fees and other amounts due within fifteen(15) days after they become due. (b) Grantee's failure to comply with Grantee's obligations contained in Section 5, 12, 13, and 14 of this Agreement. (e) Grantee's failure to observe or perform any other covenant or condition contained in this Agreement within thirty (30) days after written notice to Grantee specifying such failure and requiring Grantee to remedy the same.. (d) The adjudication of Grantee as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Grantee under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof, or the appointment by such a court of a trustee or receiver or receivers of Grantee or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit in each case, the order or decree remains unstayed and in effect for ninety (90) days. (e) The filing by Grantee of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Grantee; or the filing by Grantee of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Grantee of a petition to take advantage of any debtor's act. 17. Remedies. Upon Grantee's Default, Grantor shall be entitled to terminate this Agreement as provided herein, obtain an order for specific performance, recover damages, and/or obtain any other remedy available at law or in equity. The exercise of one or more of such remedies by Grantor shall not be deemed an election or waiver of the right to exercise any other remedy, 18. No Duty to Repair - Termination. Grantor shall have no duty or obligation to maintain, repair, restore, replace or modify the Building,the Property, or any of Grantor's facilities, fixtures, personal property or improvements located thereon or therein. In addition to Grantor's right to terminate this Agreement pursuant to Section 17 hereof, Grantor shall 7 MIN EPPD SC COMMUNICATION FACILITIES LICENSE AGREEMENT 2866433v1 have, and reserves, the right in its sole discretion to terminate this Agreement at any time if, in Grantor's sole judgment, Grantor shall: (a) Convey or transfer to another Grantor's Property or Building. (b) Discontinue its use of the Grantor's Building. (c) Determine, after consultation with a licensed structural engineer that the Building is structurally unsound for use, for any reason including but not limited to considerations related to the age of the structure, damage to or destruction of all or part of the Building or the Property from any source, or factors relating to the condition of the Facility or Property. Grantee shall have the right to terminate this Agreement upon at least one hundred eighty (180) days written notice if Grantee determines that the Property or Facility are unnecessary or inappropriate for Grantee's operations for economic or technological reasons. Upon termination of this Agreement pursuant to Grantor's or Grantee's right to terminate this Agreement as provided herein or upon expiration of the Term or any Extended Term, the Parties' obligations under this Agreement shall cease, except Grantee's obligations with respect to Sections 6, 7, 8 10, and 11 of this Agreement and to make payment of any amounts to which Grantor is entitled at such time. Termination shall not relieve Grantee of any liability by way of damages to which Grantor may be entitled upon Grantee's Default hereunder. 19. Extended Terms. This Agreement shall automatically be extended for one (1) additional five (5) year term ("Extended Term") unless Grantee terminates it at the end of the then current term by giving Grantor written notice of the intent to terminate at least three (3) months prior to the end of the then current term. 20. No Representation or Warranty —Conditional Grant. Grantor makes no representation or warranty regarding the condition of its title to the Property or its right to grant to Grantee use or occupation thereof under this Agreement. The license granted herein is "as is." Grantee is entering into this Agreement and Grantee's use of the Property is subject to Grantee's own investigation and acceptance. Grantee's rights granted pursuant to this Agreement are subject and subordinate to all limitations, restrictions, and encumbrances relating to Grantor's interest in the Land that may affect or limit Grantor's right to grant those rights to Grantee. 21. Entire Agreement. This Agreement contains all agreements, promises and understandings between Grantor and Grantee and no verbal or oral agreements, promises, or understandings shall or will be binding upon either Grantor or Grantee in any dispute, controversy, or proceeding at law, and any addition, variation, or modification to this Agreement shall be void and ineffective unless it is in writing and signed by the parties hereto. 8 MEN EPPD SC COMMUNICATION FACILITIES LICENSE AGREEMENT 2866433v I 22. Choice of Law. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of Minnesota. 23. Assignment. This Agreement may not be sold, assigned, or transferred at any time by Grantee without the prior written consent of Grantor. 24. Notices, Any notice required or permitted to be given by any Party upon the other is given in accordance with this Agreement if it is directed to Grantor by delivering it personally to the City Manager of Grantor; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Grantor: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 With a copy to: Richard F. Rosow 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402-4337 If to Grantee: Verizon Wireless(VAW) LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster,New Jersey 07921 Attention: Network Real Estate Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response to any notice by the other Party shall commence to run one business day after such deposit. Any Party may change its address for the service of notice by giving written notice of such change to the other Party, in any manner above specified, ten (10) days prior to the effective date of such change. 25. Limitation of Liability. Notwithstanding anything to the contrary in this Agreement, in no event will either party be liable to the other party for, or indemnify the other party against,punitive damages. 26. Condemnation. If the whole or any part of the Property shall be taken by any public authority under the power of eminent domain, or is sold to any entity having the power of eminent domain under threat of condemnation, then the Grantee shall have the right to terminate this License by giving written notice thereof to Grantor within ninety (90) days after the date of taking. If a portion of the Property is taken by eminent domain, and this License is not thereafter terminated, Grantee shall continue in the possession of the remainder of the Property under the terms herein provided, provided, however, that in the event a portion of the Property is taken by eminent domain and this License is not 9 MIN EPPD SC COMMUNICATION FACILITIES LICENSE AGREEMENT 2866,433vI thereafter terminated, Grantor shall at its own expense, restore the Property, exclusive of any improvements or other changes made to the Property by the Grantee, to as near the condition which existed immediately prior to the date of taking as reasonably possible. Any award, compensation, or damages, shall be paid to and be the sole property of the Grantor,but nothing herein shall preclude Grantee from claiming against the condemning authority with respect to moving expenses and loss of personal property or any other damages, and receiving an award therefor. 27. Additional Facility. Grantee acknowledges that Grantor may permit additional improvements to be constructed on the Property. At such time as this may occur, Grantee will permit said improvements to be placed immediately adjacent to Grantee's Facility, Said attachments will be made at no cost to Grantee and Grantee will require that the owner of such attachments assure both Grantor and Grantee that the attachments will not compromise the structural integrity of Grantee's Facilities. 28. Successors and Assigns, All of the terms, covenants, obligations and conditions herein shall be binding upon and inure to the benefit of the successors in interest, heirs, and assigns of the Parties hereto. 29. Recording of Memorandum. The parties may execute and either shall be permitted to record at any time the Memorandum of Agreement attached hereto as Exhibit D. if this Agreement is terminated prior to expiration of its Term, or an Extended Term, Grantee shall record and appropriate instrument to clear the memorandum from the title to the Land. 30. Waiver, No provision of this Agreement will be deemed waived by either Party unless expressly waived in writing by the waiving Party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either Party of any provisions of this Agreement shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. 31. Counterparts. This Agreement may be signed in counterparts by the Parties hereto. 32. Severability. I.n any term of the Agreement is found to be void or invalid, such finding shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. [Signature Page Follows] 10 MIN EPPO SC COMMUNICATION FACILITIES LICENSE AGREEMENT 2866433v I IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. GRANTOR CITY OF EDEN PRAIRE Date: ,201 By: Nancy Tyra-Lukens,Mayor By: Rick Getschow, City Manager GRANTEE Verizon WI -less (VAW)LLC dfbla Ve elf o Will'les Date; / 2015 B ' Name: Aaron Glut Its; Regional Network Executive Director 11 MIN EPPD SC COMMUNICATION FACILITIES LICENSE AGREEMENT 2866433vI LIST OF EXHIBITS Exhibit A LEGAL DESCRIPTION OF THE LAND Exhibit B ANTENNA INSTALLATION Exhibit C PLANS AND SPECIFICATIONS Exhibit D MEMORANDUM OF AGREEMENT 12 MIN EPPD SC COMMUNICATION FACILITIES LICENSE AGREEMENT 2866433v1 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Parcel 1: City Hall Parcel That part of the East 1/2 of the Northeast 1/4 of Section 16, Township 116, Range 22, West of the 5th principal meridian, lying Southerly of a line drawn from a point on the East line of the Northeast 1/4 of said section which is distant 1106.50 feet North along said East line from the Southeast corner of said Northeast 1/4 to a point on the West line of the East 1/2 of said Northeast 1/4 which is distant 953.5 feet North along said West line from the Southwest corner of said East 1/2; except the South 298.20 feet of the West 323,90 feet of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota; subject to the rights of way of Scenic Heights Road, Mitchell Road and Technology Drive. AND Parcel 2: Fire Hall Parcel The South 298.20 feet of the West 323.90 feet of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota; subject to the rights of way of Scenic Heights Road, Mitchell Road and Technology Drive. Hennepin County, Minnesota 13 MIN EPPD SC COMMUNICATION FACILITIES LICENSE AGREEMENT 2866433v1 EXHIBIT B ANTENNAE INSTALLATION See Attached Drawings Dated August 18,2015 14 MIN EPPO SC COMMUNICATION FACILITIES LICENSE AGREEMENT 2866433v I y arJ a c.A.a...psu.p k nAAAArbe,,.t.a¢ rsa w.�+,ss.rz .102E..05 I11.7, E Edge +a.1.-,.v a.sn m • tw. 055.53.14er �m�uvw- �.m,�e��casy ?4c1 NO, =VIM' ECIGE FROAECE.a. 11396 L1QI1N1't 6Y_ AJE FCCVCCED MO_AN@I�c iL¢.E10Eivo / •• dEG1� OBO I0.0.1.55.p.lno ro • ICA fPomm6}..ef:y{1" 1 �4w).PMFlIPY9IXIlG y 13/ .iO3.R1ef80M>1 4 •iFV. G6 ¢FAQ, • l IK0 DROP J M1 bp.rwa. 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EXHIBIT C PLANS AND SPECIFICATIONS See Attached Drawings Dated August 18,2015 15 MIN EPPD SC COMMUNICATION FACILITIES LICENSE AGREEMENT 28664)3v1 ,JAcOBS r • r' { '161 1 Edge I I / 1 ▪ w cam.,l,a• �� I e f r = PxpJf¢!Ip:-rams,-,,..r..1.51 11 1ON112lO a' �••� aw.^ C .. + 1 1 r 8%iE PROJECT NO 1:JAI 1W`1401�.YOB®1515CE 7r #r MOAN�F: ACE ..J 1\1 0 o 0 4 I-- rY7I ) Ra.:+aA eEl F ▪ YLV.IF•5E024W AK 00 � —II—I- v ' 4(Firir0 13 Zi 7, �sa�o�..an�c.m4>.111se 1 e-ra#,oall*aa166pNa9n 4 ..., n 3ayc oar nxse.a.mp;.�a.1 J 141 Illl l _ „.... 10:2.1.71]i msucln Rag Y 44 i limnn } 1 ' i� 17 y f ram- 1 e sL .NE.b.1o.a sr • R !� 1. ral CSC: — ®EN MARE.WM E OYA ROOF RED HOLM g LEUE E]L ER 4 jinisZER-G.S55.3.rt n•Ple i roh mar�wa dnw.� eoloyp��O1o1 An4 mew a2w_wRsw 9117E PLAN �+.6 1 ir.cmm.. Il l nwu'aCl L05..riW 3 41 941N.plai i IEKHEAT B,1 ' .lr-Y-e p..1 ...o.....c 4D . s rI,PICKWDI.00IO o,.r,E,Q, ,,,.;.r R no. .. c,ux 4 } oas�a��r.xtinsw-. y. 1 wRl�CO�$ LOME rrtaMt.:Eoaaw n..• I ?Moo=S�Mcal ..,. 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V.P.CK.02,1 ` 1 El ( I ir —a _ : ,' 3/ I ifre Li 11 ..09®�.N•IiOY�.Ghi.£$�.EXEdh 4�W A�WRA�Gq -_ • • • • m I I Gala•.•/ :'6,uu,.vffu�w+.n'�sca 1 1 - I 4 l ...t.3WEEWC1 CAE Y o.4 T-y=� 4 MN aeo 5C2 RCOFMED wen ' •�` LEASE ECHO] 3 "�. '°a®: r scone a ']Gt9-�.s..o '�0E""� I 'JTE PLAN ' ,._ .� I drrxdur Lasa or.vane 94EET WNW rr € . _ Ma IT 111.0 pcos.maw.s�.� EXHIBIT D MEMORANDUM OF AGREEMENT THIS MEMORANDUM evidences that an Agreement was made and is hereby entered into by written Agreement effective the day of , 2015, between City of Eden Prairie ("Grantor") whose address is as set forth below and Verizon Wireless (VAW) LLC dlbla Verizon Wireless ("Grantee") whose address is set forth below, the terms and conditions of which are incorporated herein by reference. Such an Agreement provides, in part, that Grantor, for valuable consideration, will License to Grantee a pars of that certain property owned by Grantor and described in Exhibit A attached hereto and incorporated herein for a term of five (5) years, which term is subject to one (1) additional five (5) year option term. IN WITNESS WHEREFOR, the parties have executed this Memorandum of Agreement this day of , 2015. GRANTOR: GRANTEE: City of Eden Prairie Verizon Wireless(VAW) LLC 8080 Mitchell Road dlb/a Verizon Wireless Eden Prairie, MN 55344 180 Washington Valley Road Bedminster,New Jersey 07921 By: By:Its: Mayor Its: By: Its: City Manager Subscribed and sworn to before me Subscribed and sworn to before me this_day of ,2015. this day of , 2015. Signature of Notary Signature of Notary Notary Public of IIennepin County Notary Public of County My Commission expires My Commission expires 16 ivuty EPPD SC COMMUNICATION FACILITIES LICENSE AGREEMENT 2866433vI EXHIBIT A TO THE MEMORANDUM OF AGREEMENT Legal Description 17 MIN UFO SC COMMUNICATION FACILITIES LICENSE AGREEMENT 2866433v1 DRAFTED BY AND RETURN TO: Moss& Barnett(AAD) 150 South Fifth Street, Suite 1200 Minneapolis, MN 55402 (Site Name: MIN EPPD SC) (Prepared by Heidi Varghese Telephone No.(612)877-5342) Parcel Id.No, 16-116-22-14-0003& 16-116-22-14-0004 Legal Description on Page 4 (Space above this line for Recorder's use.) MEMORANDUM OF COMMUNICATIONS FACILITIES LICENSE AGREEMENT THIS MEMORANDUM OF COMMUNICATIONS FACILITIES LICENSE AGREEMENT ("Memorandum")evidences that a Communication Facilities License Agreement ("Agreement") was made and is hereby entered into by written Agreement effective the 6th day of October, 2015, between City of Eden Prairie ("Grantor") whose address is as set forth below and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless ("Grantee") whose address is set forth below, the terms and conditions of which are incorporated herein by reference. Such an Agreement provides, in part, that Grantor, for valuable consideration, will License to Grantee a part of that certain property owned by Grantor and described in Exhibit A attached hereto and incorporated herein for a tern of five (5) years, which term is subject to one (1) additional five (5) year option term. GRANTOR: GRANTEE: City of Eden Prairie Verizon Wireless (VAW) LLC 8080 Mitchell Road d/bla Verizon Wireless Eden Prairie, MN 55344 180 Washington Valley Road Bedminster, New Jersey 07921 Signatures on following page MIN EPPD SC Memorandum of Communications Facilities L,icen9e Agreement 2900680vI 1 IN WITNESS WHEREOF, hereunto and to a duplicate hereof, GRANTOR and GRANTEE have caused this Memorandum to be duly executed on the date written herein below. GRANTOR: GRANTEE: City of Eden Prairie Verizon Wireles (VAW) LLC dlbla Verizo el-is I )0 By: By: _ j Name:Nancy Tyra-Lukens Name: Aaron " Its: Mayor Its: Regional Network Executive Director Date: Date: 10 0 J i By: _ Name: Rick Getschow Its: City Manager Date: Acknowledgments on following page The remainder of this page intentionally left blank MIN EPPD SC Memorandum or Communications Facilities License Agreement 2900680v1 2 ACKNOWLEDGMENTS GRANTOR ACKNOWLEDGMENT STATE OF MINNESOTA ) )as. COUNTY OF ) This instrument was acknowledged before me on , 20 , by Nancy Tyra-Lukens and Rick Getschow, the Mayor and City Manager of the City of Eden Prairie, on behalf of the city. Signature of Person Taking Acknowledgment (Seal, if any) Title or rank Serial Number, if any GRANTEE ACKNOWLEDGMENT STATE OF kidvh ) ) ss. COUNTY OF 1244t.10 ) On this f c.`' day of 6.,-•�,,,, , 2015 before me, the undersigned, a Notary Public in and for the State of /`'ic.r1,*'I,ec' , duly commissioned and sworn, personally appeared Aaron Glass , to me known to be the Regional Network Executiv9Ui1e?on Wireless (YAW) LLC d/b/a Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Verizon Wireless (YAW) LLC d/b/a Verizon Wireless, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. - Anderson ,, Kristin Janes Anderson 1 Prin or Type N. : Krises ://ta + 11, (24,,tevez_La_..4„,, l NOTARY PUBLIC M Notary Public in and for the State o M I NN E=SOTA IL ' My canr�ission irenua 31,2o2D! My appointment expires: //: /,;2.p MIN 1 PP❑SC Memorandum of Communications Facilities License Agreement 2900680v1 3 Exhibit"A" Legal Description Parcel 1: City Hall Parcel That part of the East 1/2 of the Northeast 1/4 of Section 16, Township 116, Range 22, West of the 5th principal meridian, lying Southerly of a line drawn from a point on the East line of the Northeast 1/4 of said section which is distant 1106.50 feet North along said East line from the Southeast corner of said Northeast 1/4 to a point on the West line of the East 1/2 of said Northeast 1/4 which is distant 953.5 feet North along said West line from the Southwest corner of said East 1/2; except the South 298.20 feet of the West 323.90 feet of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota; subject to the rights of way of Scenic Heights Road, Mitchell Road and Technology Drive. AND Parcel 2: Fire Hall Parcel The South 298.20 feet of the West 323.90 feet of the East Half of the Northeast Quarter of Section 16, Township 116, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota; subject to the rights of way of Scenic Heights Road, Mitchell Road and Technology Drive. Hennepin County, Minnesota MIN Lf PD SC Memorandum of Communications Facilities License Agreement 290068 v1 4 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 6, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5793 ITEM NO.: VIII.E. Public Works/Engineering Approve Tilia Ridge Buffer Maintenance Robert Ellis Agreement with Riley-Purgatory-Bluff Creek Watershed District Requested Action Move to: Approve Tilia Ridge buffer maintenance agreement with Riley-Purgatory-Bluff Creek Watershed District. Synopsis As a requirement of the Riley-Purgatory-Bluff Creek Watershed District permit for the Riley Creek stormwater pipe repair project, the city must enter into an agreement for the long term maintenance of the buffers along the creek and adjacent steep slopes. This agreement must be executed prior to the watershed district issuing their permit allowing the repair work to begin. Background Information The City's Public Work Department will perform this work to repair stormwater outfalls along Riley Creek. The flared end sections of these pipe reaches have failed or are near failure and need to be corrected. The project will take place soon after the watershed district permit is issued. Attachments • Maintenance Agreement 2015-043 MAINTENANCE AGREEMENT Between the Riley Purgatory Bluff Creek Watershed District and The City of Eden Prairie This Maintenance Agreement(Agreement) is made by and between the Riley Purgatory Bluff Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes chapters 103B and 103D (RPBCWD), and the City of Eden Prairie, (City). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes section 103D.345, the RPBCWD has adopted and implements the Wetland and Creek Buffers Rule; WHEREAS under the Wetland and Creek Buffers Rule, certain land development activity triggers the requirement that the landowner record a declaration establishing the landowner's perpetual obligation to protect undisturbed buffer adjacent to a steep slope, creek or wetland; WHEREAS in each case, a public landowner, as an alternative to a recorded instrument, may meet the maintenance requirement by documenting its obligations in an unrecorded written agreement with the RPBCWD; WHEREAS in accordance with the RPBCWD rules and as a condition of permit 2015- 043, the City's perpetual obligation to maintain wetland, steep slope and creek buffer must be memorialized in a maintenance agreement specifying requirements and restrictions; WHEREAS City and the RPBCWD execute this Agreement to fulfill the condition of permit no. 2015-043, and concur that it is binding and rests on mutual valuable consideration; THEREFORE City and RPBCWD agree as follows that City, at its cost, will inspect and maintain the steep slope, wetland and creek buffer as shown in the site plan attached to and incorporated into this Agreement as Exhibit A in perpetuity as follows: 1. BUFFER AREAS a. Buffer vegetation must not be cultivated, cropped, pastured, mowed, fertilized, subject to the placement of mulch or yard waste, or otherwise disturbed, except for periodic cutting or burning that promotes the health of the buffer, actions to address disease or invasive species, mowing for purposes of public safety, temporary disturbance for placement or repair of buried utilities, or other actions to maintain or improve buffer quality and performance, each as approved by the District in advance in writing or when implemented pursuant to a written maintenance plan approved by the District. 1 b. Diseased, noxious, invasive or otherwise hazardous trees or vegetation may be selectively removed from buffer areas and trees may be selectively pruned to maintain health. c. Pesticides and herbicides may be used in accordance with Minnesota Department of Agriculture rules and guidelines. d. No fill, debris or other material will be placed within a buffer. e. No structure or impervious cover(hard surface) may be created within a buffer area beyond that shown in the scaled site plan attached to this declaration as Exhibit A. f. Permanent buffer markers will be maintained in the locations shown on the approved site plan attached as Exhibit A. Language shall indicate the purpose of the buffer, restrictions, and the name and website of the Riley Purgatory Bluff Creek Watershed District. 2. Property Transfer. If City conveys into private ownership a fee interest in the property that is the subject of this Agreement, it shall require as a condition of sale, and enforce: (a)that the purchaser record a declaration on the property incorporating the maintenance requirements of this Agreement; and(b) that recordation occur either before any other encumbrance is recorded on the property or, if after, only as accompanied by a subordination and consent executed by the encumbrance holder ensuring that the declaration will run with the land in perpetuity. If City conveys into public ownership a fee interest in any property that has become subject to this Agreement, it shall require as a condition of the purchase and sale agreement that the purchaser accept an assignment of all obligations vested under this Agreement. 3. 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 Company 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 Company shall comply with those requirements as if it were a government entity. All subcontracts entered into by Company in relation to this Agreement shall contain similar Data Practices Act compliance language. 4. This Agreement may be amended only in a writing signed by the parties. 5. The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT By Date: President, Board of Managers 2 City of Eden Prairie By: Date: Its Mayor By: Date: Its City Manager 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 6, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5793 ITEM NO.: VIII.F. Public Works/Engineering Approve Cedarcrest Drive Buffer Maintenance Robert Ellis Agreement with Riley-Purgatory-Bluff Creek Watershed District Requested Action Move to: Approve Cedarcrest Drive buffer maintenance agreement with Riley-Purgatory- Bluff Creek Watershed District. Synopsis As a requirement of the Riley-Purgatory-Bluff Creek Watershed District permit for the Riley Creek stormwater pipe repair project, the city must enter into an agreement for the long term maintenance of the buffers along the creek and adjacent steep slopes. This agreement must be executed prior to the watershed district issuing their permit allowing the repair work to begin. Background Information The City's Public Work Department will perform this work to repair stormwater outfalls along Riley Creek. The flared end sections of these pipe reaches have failed or are near failure and need to be corrected. The project will take place soon after the watershed district permit is issued. Attachments • Maintenance Agreement 2015-033 MAINTENANCE AGREEMENT Between the Riley Purgatory Bluff Creek Watershed District and The City of Eden Prairie This Maintenance Agreement(Agreement) is made by and between the Riley Purgatory Bluff Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes chapters 103B and 103D (RPBCWD), and the City of Eden Prairie, (City). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes section 103D.345, the RPBCWD has adopted and implements the Wetland and Creek Buffers Rule; WHEREAS under the Wetland and Creek Buffers Rule, certain land development activity triggers the requirement that the landowner record a declaration establishing the landowner's perpetual obligation to protect undisturbed buffer adjacent to a steep slope, creek or wetland; WHEREAS in each case, a public landowner, as an alternative to a recorded instrument, may meet the maintenance requirement by documenting its obligations in an unrecorded written agreement with the RPBCWD; WHEREAS in accordance with the RPBCWD rules and as a condition of permit 2015- 033, the City's perpetual obligation to maintain wetland, steep slope and creek buffer must be memorialized in a maintenance agreement specifying requirements and restrictions; WHEREAS City and the RPBCWD execute this Agreement to fulfill the condition of permit no. 2015-033, and concur that it is binding and rests on mutual valuable consideration; THEREFORE City and RPBCWD agree as follows that City, at its cost, will inspect and maintain the steep slope, wetland and creek buffer as shown in the site plan attached to and incorporated into this Agreement as Exhibit A in perpetuity as follows: 1. BUFFER AREAS a. Buffer vegetation must not be cultivated, cropped, pastured, mowed, fertilized, subject to the placement of mulch or yard waste, or otherwise disturbed, except for periodic cutting or burning that promotes the health of the buffer, actions to address disease or invasive species, mowing for purposes of public safety, temporary disturbance for placement or repair of buried utilities, or other actions to maintain or improve buffer quality and performance, each as approved by the District in advance in writing or when implemented pursuant to a written maintenance plan approved by the District. 1 b. Diseased, noxious, invasive or otherwise hazardous trees or vegetation may be selectively removed from buffer areas and trees may be selectively pruned to maintain health. c. Pesticides and herbicides may be used in accordance with Minnesota Department of Agriculture rules and guidelines. d. No fill, debris or other material will be placed within a buffer. e. No structure or impervious cover(hard surface) may be created within a buffer area beyond that shown in the scaled site plan attached to this declaration as Exhibit A. f. Permanent buffer markers will be maintained in the locations shown on the approved site plan attached as Exhibit A. Language shall indicate the purpose of the buffer, restrictions, and the name and website of the Riley Purgatory Bluff Creek Watershed District. 2. Property Transfer. If City conveys into private ownership a fee interest in the property that is the subject of this Agreement, it shall require as a condition of sale, and enforce: (a)that the purchaser record a declaration on the property incorporating the maintenance requirements of this Agreement; and(b) that recordation occur either before any other encumbrance is recorded on the property or, if after, only as accompanied by a subordination and consent executed by the encumbrance holder ensuring that the declaration will run with the land in perpetuity. If City conveys into public ownership a fee interest in any property that has become subject to this Agreement, it shall require as a condition of the purchase and sale agreement that the purchaser accept an assignment of all obligations vested under this Agreement. 3. 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 Company 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 Company shall comply with those requirements as if it were a government entity. All subcontracts entered into by Company in relation to this Agreement shall contain similar Data Practices Act compliance language. 4. This Agreement may be amended only in a writing signed by the parties. 5. The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT By Date: President, Board of Managers 2 City of Eden Prairie By: Date: Its Mayor By: Date: Its City Manager 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 6, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5793 ITEM NO.: VIII.G. Public Works/Engineering Approve Purdy Road Buffer Maintenance Robert Ellis Agreement with Riley-Purgatory-Bluff Creek Watershed District Requested Action Move to: Approve Purdy Road buffer maintenance agreement with Riley-Purgatory-Bluff Creek Watershed District. Synopsis As a requirement of the Riley-Purgatory-Bluff Creek Watershed District permit for the Purdy Road slope stabilization project, the city must enter into an agreement for the long term maintenance of the buffers along the steep slopes. This agreement must be executed prior to the watershed district issuing their permit allowing the repair work to begin. Background Information The City's Public Work Department will perform this work to stabilize the slope. The project will take place soon after the watershed district permit is issued. Attachments • Maintenance Agreement 2015-045 MAINTENANCE AGREEMENT Between the Riley Purgatory Bluff Creek Watershed District and The City of Eden Prairie This Maintenance Agreement(Agreement) is made by and between the Riley Purgatory Bluff Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes chapters 103B and 103D (RPBCWD), and the City of Eden Prairie, (City). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes section 103D.345, the RPBCWD has adopted and implements the Wetland and Creek Buffers Rule; WHEREAS under the Wetland and Creek Buffers Rule, certain land development activity triggers the requirement that the landowner record a declaration establishing the landowner's perpetual obligation to protect undisturbed buffer adjacent to a steep slope, creek or wetland; WHEREAS in each case, a public landowner, as an alternative to a recorded instrument, may meet the maintenance requirement by documenting its obligations in an unrecorded written agreement with the RPBCWD; WHEREAS in accordance with the RPBCWD rules and as a condition of permit 2015- 045, the City's perpetual obligation to maintain wetland, steep slope and creek buffer must be memorialized in a maintenance agreement specifying requirements and restrictions; WHEREAS City and the RPBCWD execute this Agreement to fulfill the condition of permit no. 2015-045, and concur that it is binding and rests on mutual valuable consideration; THEREFORE City and RPBCWD agree as follows that City, at its cost, will inspect and maintain the steep slope, wetland and creek buffer as shown in the site plan attached to and incorporated into this Agreement as Exhibit A in perpetuity as follows: 1. BUFFER AREAS a. Buffer vegetation must not be cultivated, cropped, pastured, mowed, fertilized, subject to the placement of mulch or yard waste, or otherwise disturbed, except for periodic cutting or burning that promotes the health of the buffer, actions to address disease or invasive species, mowing for purposes of public safety, temporary disturbance for placement or repair of buried utilities, or other actions to maintain or improve buffer quality and performance, each as approved by the District in advance in writing or when implemented pursuant to a written maintenance plan approved by the District. 1 b. Diseased, noxious, invasive or otherwise hazardous trees or vegetation may be selectively removed from buffer areas and trees may be selectively pruned to maintain health. c. Pesticides and herbicides may be used in accordance with Minnesota Department of Agriculture rules and guidelines. d. No fill, debris or other material will be placed within a buffer. e. No structure or impervious cover(hard surface) may be created within a buffer area beyond that shown in the scaled site plan attached to this declaration as Exhibit A. f. Permanent buffer markers will be maintained in the locations shown on the approved site plan attached as Exhibit A. Language shall indicate the purpose of the buffer, restrictions, and the name and website of the Riley Purgatory Bluff Creek Watershed District. 2. Property Transfer. If City conveys into private ownership a fee interest in the property that is the subject of this Agreement, it shall require as a condition of sale, and enforce: (a)that the purchaser record a declaration on the property incorporating the maintenance requirements of this Agreement; and(b) that recordation occur either before any other encumbrance is recorded on the property or, if after, only as accompanied by a subordination and consent executed by the encumbrance holder ensuring that the declaration will run with the land in perpetuity. If City conveys into public ownership a fee interest in any property that has become subject to this Agreement, it shall require as a condition of the purchase and sale agreement that the purchaser accept an assignment of all obligations vested under this Agreement. 3. 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 Company 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 Company shall comply with those requirements as if it were a government entity. All subcontracts entered into by Company in relation to this Agreement shall contain similar Data Practices Act compliance language. 4. This Agreement may be amended only in a writing signed by the parties. 5. The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT By Date: President, Board of Managers 2 City of Eden Prairie By: Date: Its Mayor By: Date: Its City Manager 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 6, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Denise Christensen Release of Agreement Regarding Special Public Works/Engineering Assessments SAA No. 02-07 Requested Action Move to: Approve the Release of Agreement Regarding Special Assessments for Lot 1 through 20, Block 1; Lot 1 through 8, Block 2, The Vintage. Synopsis On December 20, 2002, the City of Eden Prairie entered into an Agreement Regarding Special Assessment with SHS Properties, LLC, pertaining to the levying of special assessments for trunk improvements. The improvements contemplated by the Agreement have been levied; therefore, the property should be release from the Agreement Regarding Special Assessments. Attachment Release of Agreement Regarding Special Assessments • (Top:l inches reserved for recording data) RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS DATE: October 6,2015 FOR VALUABLE CONSIDERATION,the real property in Hennepin County,Minnesota, legally described as follows: Lots I through 20,Block I;Lots 1 through 8, Block 2,The Vintage Check here if all or part of the described real property is Registered(Tarrens) �{ is hereby released from the Agreement Regarding Special Assessments,dated December 20,2002,executed between the City of Eden Prairie and SHS Properties,LLC, tiled on January 10,2003,as Document Number 3660878, in the Office of the a County RecorderRegistrar of Titles of Hennepin County, Minnesota. CITY OF EDEN PRAIRIE By: Its:Mayor By: Its: City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015 by , and , the Mayor and City Manager, respectively, of the City of Eden Prairie,a Minnesota municipal corporation,on behalf of said corporation. Notary Public This instrument was drafted by: City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 6, 2015 DEPARTMENT/DIVISION ITEM DESCRIPTION: ITEM NO.: VIII.I. Paul Schlueter 2016 Wheelchair Lift Bus Purchase Parks/Fleet Services Requested Action Move to: Approve purchase of a new 12 + 2 passenger bus with wheelchair lift in the amount of$62,231.43. Synopsis Replacement of this wheelchair lift bus is included in the Fleet Services 2016 calendar year vehicle and equipment replacement budget. Due to excessively long production lead times, Fleet Services would like to order this vehicle early so that anticipated delivery would be sometime in early 2016. No funds will be expensed for this purchase until the vehicle is actually delivered in 2016. The 2016 budgeted amount for this purchase is $70,000, and the actual purchase cost is below that budgeted amount. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy goods and services 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. This new wheelchair lift bus will be purchased using the State of Minnesota CPV program. Attachment 2016 Elkhart Coach Wheelchair Bus Purchase Quote FY 2015 VEHICLE ORDER FORM MnDOT COOPERATIVE PROCUREMENT FOR SMALL, MID-SIZED&MEDIUM DUTY ACCESSIBLE BUSES (This form to be used ONLY for vehicles funded through MnDOT's Office of Transit) MnDOT Recipient Contract Number: Quantity: Contract Maximum Amount: $ (For identical vehicle orders only) Legal Name: City of Eden Prairie Address: 8080 Mitchell Road Phone Number: 952-294-5936 City, State,Zip: Eden Prairie, MN 55344 Fax Number: Contact Name: Paul Schlueter-Public Works Email Address: pschlueter{a�edenprairie.orq Vendor Name: North Central Bus&Equipment Bus GVRW: 14500 Vendor Contact: Mike Klauda/612-839-5892 Chassis Manufacturer: Ford Bus Manufacturer: Elkhart Coach Chassis Wheelbase: 158" Model&Gas/Diesel: ECII Gas Vehicle Length: 23' Vehicle Spec.# 10. 06 12 #of Passenger Seats 2 #of WC Positions Lift Manufacturer&Model: Braun Millenium-2 Front Rear xxx Wheelchair Securements Manufacturer& Model: Q'Straint QRT Deluxe Slide N Click Floor Plan Attached(required): Yes xxx No Inspection Site/Location: NCBE-Minneapolis Recipient's Ford/GM Fleet#: BASE PRICE (includes freight-manufacturer to vendor&all rebates) $ 52331.00 TOTAL OPTIONS(from page 2) $ 2859.00 TOTAL OPTIONS (from page 3) $ 3005.00 DELIVERY CHARGE(vendor to recipient) $ 75.00 LICENSE&TRANSFER FEES $ 125.00 EXTENDED WARRANTIES $ 0.00 EXCISE TAX(if applicable) $ 0.00 VEHICLE TOTAL $ 58,395.00 Vehicle Total or Contract Amount $ MnDot Share $ I�1 7f® �' (whichever is less) A1 0®g Recipient Share$ Recipient Signature: Oat 6 ° . Vendor Signature: Date: (Not required) MnDOT APPROVAL Procurement Coordinator Signature: Date: 5310 Options (Attach to Vehicle Order Form) OPTIONS: Select from vehicle specifications optional equipment list. Option# Description 2 Fast Idle and Interlock for Gas Engine $ Standard 8 Rear Mor-Ryde Suspension System(To Delete Would Be$-594.00) $ Standard 9 Driver's Side Running Board (Diamond Plated Beneath Driver's Door) $ Standard 11 B Extend Valve Stems on Rear Inner Dual Wheels $ 44.00 11C Spare Tire and Rim $ 302.00 13 Cruise Control,Tilt Steering, Power Steering $ Standard 15B Battery Box with Stainless Steel Sliding Tray(Both Batteries In Tray) $ 108.00 15H Battery Disconnect Switch $ 41.00 16 Ford OEM 225 Amp Alternator $ Standard 24C Upgrade to Altro Non-Slip Flooring-Genome Gray in Color $ 783.00 25 Fiberglass(FRP) Exterior of Bus, Including Skirts $ Standard 28 Antenna Ground Plane $ 53.00 30 Power Passenger Entrance Door $ Standard 33 Double Wheelchair Lift Doors w/One Window In Each Door $ Standard 37 Freedman Mid-High Featherweight Style Passenger Seats(Qty: 6 Double Seats) $ Standard 38C Level 5 Seat Material on All Seats(Qty: 12 @$54.00 each) $ 648.00 *Log onto www freedmanseating.corn and choose"Fabrics"at the top.They are broken down by"Levels"which coordinate to the prices on the State Bid. 38F Arm Rests on Aisle Side Seats(Qty: 6 @$22.00 each) $ 132.00 39B Q'Straint QRT Deluxe Slide N Click Wheelchair Securements(Qty:2 Positions) $ Standard 41 Freedman USR Style (Under Seat Retracting)Seat Belts for All Passengers $ Standard 43A Braun Century 1000Ibs lift $ 510.00 *Extra Wide Platforms and/or Increased Lifting Capacity(1000#)Are Available If Interested. 43C Non-Interlocked Safety Belt on Braun Wheelchair Lift $ 0.00 46A Lower Modesty Panel Behind Driver's Seat(Prevents People From Kicking Back) $ Standard 47B Additional Ceiling Grab Rail Extending Length of Bus(One Already Standard) $ 106.00 47G Grab Handles On Tops of All Seats(Qty:6 @$22.00 each) $ 132.00 49 53000 BTU Tie-In Rear Air Conditioning System for Passenger Cabin $ Standard *Upgraded BTU Systems Are Available,But This System Should Adequately Cool This Size Vehicle. 50 Defroster Fan In Driver's Area $ Standard 52 Daytime Running Lights $ Standard TOTAL (Place total amount in space on vehicle order form) $ 2,859.00 Page 2 5310 Options (Attach to Vehicle Order Form) OPTIONS: Select from vehicle specifications optional equipment list. Option# Description 53 All Rear and Side Exterior Body Lights To Be LED $ Standard 55 All Interior Lights To Be LED $ Standard 58 Over Windshield Storage Compartment $ Standard 58 Overhead Luggage Rack with Reading Lights(Qty:2 Sides @$253.00 each) $ 506.00 62 AM/FM/CD Radio With Speakers $ Standard 70C Combined Heated and Remote Control Exterior Mirrors $ 486.00 70F Interior 6"x 16"Flat Mirror Above Driver's Head To Monitor Passengers $ Standard 71 36"Top T-Slider Style Windows in Passenger Cabin Area $ Standard 72 Fresnel"Fish Eye"Wide Angle Lens Affixed to Rear Window $ Standard 74 Back Up Camera with Color Monitor Mounted in Driver's Area $ 523.00 79B FRP Covering Walls in Passenger Cabin Area $ Standard *Can Upgrade to Carpet Which Helps Quiet Noise,But Isn't As Easily Cleanable 79C FRP Or Auto Cloth Covering Ceiling in Passenger Cabin Area(Customer Choose) $ Standard 81 Rustproofing $ 626.00 All Required Safety Equipment: First Aid Kit, Fire Ext., Triangles, Belt Cutters $ Standard $ Standard 36B 2-Double Fold-away seats in lieu of 2-std seats inc in base $ 864.00 TOTAL (Place total amount in space on vehicle order form) $ 3,005.00 Page 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 6, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #11-5800 ITEM NO.: VIII.J. Randy Newton Approve Statement of Work with Xcel Energy Public Works/Engineering for the Relocation and Burial of Power Lines along Shady Oak Road Requested Action Move to: Approve Statement of Work with Xcel Energy for the Relocation and Burial of Power Lines along Shady Oak Road. Synopsis The construction of Shady Oak Road created the need to relocate and bury the power lines along Shady Oak Road. Through negotiation Xcel Energy has agreed to a city contribution to the relocation in the amount of$81,634.37. Background Information The southern segment of the Shady Road Improvements will provide additional capacity along Shady Oak Road and includes the widening and reconstruction of Shady Oak Road. As a result of the roadway improvements the overhead power lines were required to be relocated. In order to best accommodate the reconstructed roadway alignment and retaining walls the power lines were buried. Through negotiation Xcel Energy has agreed to a city contribution to the relocation in the amount of$81,634.37. The South Shady Oak Road project is currently within budget and these costs will be accounted for with project contingency. Attachment Xcel Energy Statement of Work Xcel Energy' STATEMENT OF WORK REQUESTED DATE: 27-Aug 2015 WORK REQUESTED BY: City of Eden Prairie- Robert Ellis WORK LOCATION: Flying Cloud and Shady Oak Road ADDRESS: 8080 Mitchell Road Eden Prairie, MN 55344-4485 CONSISTING OF: Relocation of electrical distribution facilities for road widening Specifically, relocate the overhead and underground 13,800Volt distribution facilities that conflict with the road widening of Shady Oak Road (Hennepin County 61)from where the project stopped last year north of Rowland Road to and including Flying Cloud Drive for a new road alignment. The overhead lines are being relocated as overhead line as much as practical north of Shady Oak on Flying Cloud. The remaining overhead must be buried to accomodate the road realignment and retaining walls. The total cost of relocations here is $819,220.70. The contribution in aid of construction CIAC is$81,634.37 for the City of Eden Prairie based upon actual costs of the construction and agreed upon after completion of the work. Services for highway lighting, city traffic signals and the city civil defense siren are being relocated and will need new services. The facilities installed or removed by Northern States Power Company, a Minnesota corporation ("Xcel Energy" or the"Company")shall be the property of the Company and any payment by customer shall not entitle customer to any ownership interest or right therein. Customer's and Company's rights and obligations with respect to the facilities and services provided through the facilities are subject to additional terms and conditions as provided in the General Rules and Regulations and/or in the Rate Schedules of Xcel Energy's Electric Rate Book for customer's specific service, as they now exist or may hereafter be changed, on file with the state regulatory commission in the state where service is provided. The undersigned hereby requests and authorizes Northern States Power Company, a Minnesota corporation ("Xcel Energy")to do the work described above, and in consideration thereof, agrees to pay ($ 81634.37 in accordance with the following terms: based on agreed upon costs after completion,thirty days net Receipt of the above amount hereby acknowledged on behalf of the Company by Bob Reinhardt Northern States Power Company, Customer a Minnesota corporation ("Xcel Energy") Jeff Custer- Director Design and Construction City of Eden Prairie-Robert Ellis Print Full Name and Title Print Full Name and Title (if applicable) Signature Signature FOR XCEL ENERGY USE Xcel Energy Representative rnhr0l Xcel Energy Work Order# 12029541 Construction$ 68861.24 Removal$ 12773.13 Total$ 81634.37 Form 17-7012 CITY COUNCIL AGENDA DATE: SECTION: Consent October 6, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Molly Koivumaki Resolution Approving Participation of Hennepin Housing and Community County Housing Authority in Eden Prairie Services Affordable Housing Project Requested Action Move to: Adopt resolution approving participation of the Hennepin County Housing Authority in an Eden Prairie affordable housing project at 10420 Buckingham Drive. Background The City has agreed to use Community Development Block Grant funds to assist with the purchase of Eden Prairie property by West Hennepin Affordable Housing Land Trust (WHAHLT). WHAHLT has also been approved to receive funding for this project by the Hennepin County Housing and Redevelopment Authority(HCHRA). The HCHRA needs City Council approval in order to go forward with the funding and completion of the financing for the project. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- RESOLUTION APPROVING THE PARTICIPATION OF THE HENNEPIN COUNTY HOUSING AUTHORITY IN AN EDEN PRAIRIE AFFORDABLE HOUSING PROJECT WHEREAS, WHAHLT has also been approved for funding of this project by the Hennepin County Housing and Redevelopment Authority(HCHRA); and WHEREAS,the Hennepin County Housing and Redevelopment Authority(HCHRA) in Resolution No. 15-HCHRA-0012 has approved the use of a$150,000 Affordable Housing Incentive Fund(AHIF) loan for Homes Within Reach contingent upon the Eden Prairie Housing and Redevelopment Authority's consent to the HCHRA's participation in the project; and WHEREAS ,the purchase of a minimum of four homes by Homes Within Reach of which one of the homes will be located within the city of Eden Prairie and the rest within suburban Hennepin County, will preserve the supply of affordable housing in the city by providing permanent affordability; and WHEREAS, the loan from the HCHRA will complete the financing required for the project to go forward. BE IT RESOLVED, that the participation of the Hennepin County Housing and Redevelopment Authority in the project is hereby approved. ADOPTED by the City Council of the City of Eden Prairie this 6th day of October, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda October 6, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. Community Development/ Appointments to Judge the 2015 Spirit of Economic Development Janet Eden Prairie Awards Jeremiah/David Lindahl Requested Action Move to: Appoint Gena Gerard, Andrew Pieper, PG Narayanen, and Greg Leeper, all residents of Eden Prairie to judge the submittals for the Spirit of Eden Prairie Awards. Synopsis Conservation Commission member, Gena Gerard, Planning Commission member, Andrew Pieper, and Human Rights and Diversity Commission members, PG Narayanen and Greg Leeper, have volunteered to meet and judge the Spirit of Eden Prairie Award nominations. Background Information The Spirit of Eden Prairie Award recognizes significant investments and enhancements property owners have made that contribute to the overall vitality, accessibility and sustainability of the community. Nomination criteria include improvements such as enhanced accessibility, exceptional landscaping, sustainable features, lighting, signage or exterior upgrades. Three property categories are eligible for nomination: - Single-Family Residential - Multi-Family Residential - Commercial/Industrial/Office CITY COUNCIL AGENDA DATE: SECTION: Consent October 6, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.M. Community Development/ Collateral Assignment of Tax Increment Janet Jeremiah Financing due to new ownership of The Molly Koivumaki Colony at Eden Prairie Requested Action Move to: Consent to the collateral assignment of Tax Increment Financing by and between WSL of Eden Prairie Property Owner, LLC, and Dougherty Mortgage, LLC. Synopsis The Colony, a senior living residence and health care facility,is TIF District 17. A transfer in control of the ownership of The Colony requires the collateral assignment of the TIF requirements in the Property Management Agreement to the new owners, WSL of Eden Prairie Property Owner, LLC. Background SE Rolling Hills, LLC, (The Colony) entered into a Project Management Agreement with the City of Eden Prairie in 2001. A TIF District was established to capture 26 affordable units at The Colony. A Second Amendment to the Project Management Agreement dated May 5,2015,extended to term of the TIF District an additional 10 years, which assures the units will remain affordable through 2025. Attachment • Assignment COLLATERAL ASSIGNMENT OF TAX INCREMENT FINANCING THIS COLLATERAL ASSIGNMENT OF TAX INCREMENT FINANCING ("Assignment") is effective as of , 2015, by and between WSL OF EDEN PRAIRIE PROPERTY OWNER, LLC, a Delaware limited liability company ("Borrower"), and DOUGHERTY MORTGAGE, LLC, a Minnesota limited liability company("Lender"). PRELIMINARY RECITALS A. Prior to the date of this Assignment, Lender has made a loan to SE ROLLING HILLS, LLC, a Delaware limited liability company ("Original Borrower"), in the principal amount of$21,350,400.00 (the "Loan") which is insured by the United States Departments of Housing and Urban Development ("HUD") pursuant to Section 232 of the National Housing Act, as amended. The Loan is evidenced by that certain Mortgage Note made by Original Borrower in favor of Lender, dated August 1, 2012 (the "Note"), which Note is secured in part by that certain Mortgage dated August 1, 2012 executed by Original Borrower in favor of Lender, as recorded in the Office of the Registrar of Titles, Hennepin County, Minnesota, on August 31, 2012 as Document No. T4989087 (the "Mortgage"), and that certain Regulatory Agreement for Housing for the Elderly, Nursing Homes, Intermediate Care Facilities and/or Board and Care Homes dated August 1, 2012 executed by Original Borrower and HUD, as recorded in the Office of the Registrar of Titles, Hennepin County, Minnesota, on August 31, 2012 as Document No. T4989088 (the "HUD Regulatory Agreement"), each of which encumber the healthcare facility commonly known as The Colony At Eden Prairie located at 431 Prairie Center Drive, City of Eden Prairie, Hennepin County, Minnesota (FHA Project No. 092- 43104) (the "Project"). The Note, the Mortgage, the HUD Regulatory Agreement and all other loan and security documents executed in connection with the Loan are collectively referred to herein as the "Loan Documents". Pursuant to the Assumption and Release Agreement dated as of the date hereof, Original Borrower has assigned and Borrower has assumed all of Original Borrower's rights, title, interests and obligations under the Note and the Loan (the "Assumption"). B. Original Borrower and the City of Eden Prairie, Minnesota, a public body corporate and politic of the State of Minnesota (the "City"), entered into that certain Project Management Agreement dated as of June 5, 2001, as amended by that certain First Amendment To Project Management Agreement dated January 21, 2003, as further amended by that certain Second Amendment To Project Management Agreement dated May 5, 2015, as recorded in the Office of the Registrar of Titles, Hennepin County, Minnesota, on June 1, 2015, as Document No. T05260139, and as assigned by Original Borrower and assumed by Borrower pursuant to that certain Assignment and Assumption Agreement dated as of the date hereof executed by Original Borrower and Borrower (as amended and assigned, the "Project Management Agreement") relating to the development and operation of the Project. C. The Project Management Agreement sets forth the City's agreement to provide certain tax increment financing to Borrower in the form of reimbursements to Borrower out of tax increments derived from the Housing Tax Increment Financing District No. 17 created by the City(the "Tax Increment Financing"). D. As a condition to providing its consent to the Assumption, HUD requires that Borrower assign its rights and interests under the Project Management Agreement to Lender as and for collateral for repayment of the Loan as evidenced by the Loan Documents. NOW, THEREFORE, in consideration of the above recitals, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Assignment of TIF. Borrower hereby transfers, assigns and grants a security interest in, pledges, and conveys, to Lender all right, title and interest of Borrower, if any, in and to the Tax Increment Financing and the Project Management Agreement, provided Lender does not assume any obligations under the Project Management Agreement unless and until Lender assumes such obligations in writing, together with all proceeds thereof and the immediate and continuing right to receive and collect all amounts due or to become due thereunder and all other rights which may derive from or accrue thereunder and the right to amend, cancel, modify, alter or surrender the Project Management Agreement for the purpose of securing the following (hereinafter collectively referred to as the "Indebtedness Secured Hereby"): A. Payment of the indebtedness evidenced by and performance of the terms and conditions of the Note; B. Payment of all other sums with interest thereon becoming due and payable to Lender herein and under any of the Loan Documents; C. Performance and discharge of each and every obligation, covenant and agreement of Borrower herein and in the Note, the Mortgage and all other Loan Documents. 2. Present Pledge and Assignment. This Assignment shall constitute a perfect, absolute and present pledge and assignment in connection with which Borrower shall have delivered to Lender the Project Management Agreement assigned to Lender. Borrower shall execute and deliver to Lender the Assignment of Project Management Agreement attached hereto as Exhibit A. So long as no default has occurred and is continuing under the Loan Documents or this Assignment, Borrower may collect the semi-annual payments under the Project Management Agreement. From and after the occurrence and during the continuance of an Event of Default (as defined herein) and upon notice to the City, all payments of Tax Increment Financing under the Project Management Agreement shall be paid directly to Lender to be held and applied by Lender as provided herein. If Borrower should receive any payments of the Tax Increment Financing at any time after the occurrence and during the continuance of an Event of Default, Borrower shall immediately deposit such payments with Lender to be held and applied in accordance with the Loan Documents and this Assignment. If Borrower and Lender make inconsistent demands on the City for payment under the Project Management Agreement, or otherwise challenge the appropriate party to which payment is to be made, Borrower and Lender hereby expressly agree and authorize the City to pay to Lender the disputed amount. Upon the making of any such payment to Lender, the City's obligation with respect to the making of such payment will be deemed fully satisfied. 3. Warranties. Borrower covenants, warrants and agrees that: A. Borrower is the true and lawful, absolute owner of the Tax Increment Financing free and clear from any and all liens, security interest, encumbrances or other right, title or interest of any other person, firm or corporation; B. Borrower has the full right and title to assign and pledge the Tax Increment Financing and Borrower's interest in the Project Management Agreement; that there are no outstanding claims, assignments or pledges thereof, other than as set forth hereinabove; that there are no existing defaults under the Project Management Agreement on the part of the parties thereto; that Borrower has fully complied with and is not in default with regard to the Project Management Agreement. C. The Project Management Agreement shall not be amended, altered, cancelled, modified or surrendered without the prior written consent of Lender. D. Borrower is in material compliance with the terms of the Project Management Agreement. E. The semi-annual payments of Tax Increment Financing to be paid to Borrower under the Project Management Agreement commenced on January 1, 2003 and terminate on December 31, 2028. F. The Project Management Agreement remains in full force and effect. G. No default by either Borrower or the City exists under the terms of the Project Management Agreement. There are no defenses, setoffs or counterclaims against or with regard to the Project Management Agreement or the indebtedness evidenced thereby. The Project Management Agreement has not been amended or modified except as provided herein and is a valid and enforceable obligation of the City and Borrower in accordance with its terms. 4. Performance under the Project Management Agreement. Borrower shall (a) enforce or seek to obtain the performance of each and every obligation of the City in the Project Management Agreement; (b) not borrow against or further pledge or assign any payments due under the Project Management Agreement; (c) not waive, excuse, condone or in any manner release or discharge the City from its obligations under the Project Management Agreement. 5. Security Agreement. This Agreement constitutes a Security Agreement under the Uniform Commercial Code as adopted in the State of Minnesota (the "Code") and shall be governed by the Code. 6. Events of Default. An Event of Default shall occur hereunder upon any of the following: A. A default occurs under any of the terms of the Note or the Mortgage; or B. Failure to comply with or perform any of the terms, conditions or covenants of this Assignment which failure continues for thirty (30) days without cure following written notice thereof to Borrower; or C. A default shall occur under any of the Loan Documents or any other instrument securing the Note; or D. Any representation or warranty made by Borrower herein, in the Note, the Mortgage or in any other Loan Documents proves to have been false in any material respect when made. 7. Remedies. Upon the occurrence and during the continuance of an Event of Default, Lender may declare all Indebtedness Secured Hereby immediately due and payable and provide notice to the City to thereafter make all payments of the Tax Increment Financing to Lender and apply all sums held by Lender including the Tax Increment Financing to the Indebtedness Secured Hereby and may, at its option, enforce the payment thereof and exercise all of the rights of a holder of the Project Management Agreement. In addition, upon the occurrence of an Event of Default, Lender may without demand, advertisement or notice of any kind (except such notice as may be required under the Code) and all of which are,to the extent permitted by law, hereby expressly waived: A. Exercise any of the remedies available to a secured party under the Code; B. Proceed immediately to exercise each and all of the powers, rights, and privileges reserved or granted to Lender under the Note and the Mortgage; and/or C. Proceed to protect and enforce this Assignment by suits or proceedings or otherwise, and for the enforcement of any other legal or equity available to Lender. In the event that any notice is required to be given under the Code such requirements for reasonable notice shall be satisfied by giving at least ten (10) days' notice prior to the event or thing giving rise to the requirement of notice. 8. Authorization to the City. The City is hereby irrevocably authorized and directed by Borrower to recognize the claims of Lender without investigating the reason for any action taken or the validity of or the amount of indebtedness owing to Lender or the existence of any Event of Default. Borrower hereby irrevocably directs and authorizes the City to pay exclusively to Lender or its assigns from and after the date of notice from Lender, all sums due under the Project Management Agreement without the necessity of any notice to Borrower and to the extent such sums are paid to Lender, Lender and Borrower agree that the City shall have no further liability to Borrower for the same. The sole signature of Lender shall be sufficient for the exercise of any rights under this Assignment and the sole receipt by Lender of any sum paid by the City shall be in discharge and release of that portion of any amount owed by the City. 9. Additional Instruments. Borrower, upon the request of Lender shall, at its sole expense, execute and deliver all assignments, certificates, financing statements or other documents and give further assurances and do all other acts and things as Lender may request to perfect or to realize upon Lender's interest in the Tax Increment Financing and the Project Management Agreement or to protect, enforce, or otherwise effect Lender's rights and remedies. If Borrower is unable or unwilling to execute any such other assignments, certificates, financing statements or other documents and to file financing statements or other public notices or recordings with the appropriate authorities, as and when reasonably requested by Lender, Borrower authorizes Lender to sign and deliver as its true and lawful agent and attorney-in-fact, coupled with an interest, any such assignment, certificate, financing statement or other document and to make any such filing. 10. Amendment. The Project Management Agreement shall not be amended, altered, cancelled, modified or surrendered without the prior written consent of Lender. 11. Release. Upon payment and performance in full of the Indebtedness Secured Hereby, this Assignment shall be released and shall thereafter become null and void and be of no further effect. 12. Successors and Assigns. This Assignment, and each and every covenant, agreement and provision hereof shall be binding upon Borrower and its successors and assigns and shall inure to the benefit of Lender and its successors and assigns. Should Lender assign the Loan and the Loan Documents to any other person or entity, Lender shall cause such person or entity to be bound by the terms and provisions hereof 13. Governing Law. This Assignment is intended to be governed by the laws of the State of Minnesota. 14. Validity Clause. The unenforceability or invalidity of any provision hereof shall not render any other provision or provisions herein contained unenforceable or invalid. Any provisions found to be unenforceable shall be severable from this Assignment. 15. Notice. All notices, demands and other communications ("Notice") under or concerning this Assignment shall be in writing to the respective party's address as set forth herein, or such other place as such party may by notice in writing designate as its address and shall constitute service of notice hereunder. Each Notice shall be addressed to the intended recipients at their respective addresses set forth in this Assignment, and shall be deemed given on the earliest to occur of(1)the date when the Notice is received by the addressee; (2) the first Business Day after the Notice is delivered to a recognized overnight courier service, with arrangements made for payment of charges for next Business Day delivery; or (3) the third Business Day after the Notice is deposited in the United States mail with postage prepaid, certified mail, return receipt requested. As used in this section, the term ("Business Day") means any day other than a Saturday, a Sunday or any other day on which Lender is not open for business. 16. Attorneys' Fees. Borrower agrees to pay all costs and expenses, including reasonable attorneys' fees, at any time paid or incurred by Lender in connection with the enforcement of its rights hereunder. [Signature Pages to Follow] IN WITNESS WHEREOF, the undersigned have caused this Collateral Assignment of Tax Increment Financing to be effective as of the date first above written. BORROWER: WSL OF EDEN PRAIRIE PROPERTY OWNER, LLC, a Delaware limited liability company By: HSRE-Waters of Eden Prairie V, LLC, a Delaware limited liability company, its sole member By: Name: Lynn Carlson Schell Its: Authorized Representative Address for Notice: LENDER: DOUGHERTY MORTGAGE LLC, a Delaware limited liability company By: Timothy M. Larkin Its: Senior Vice President Address for Notice: 90 South Seventh Street, Suite 4300 Minneapolis, Minnesota 55402 10942633v2 CONSENT OF THE CITY OF EDEN PRAIRIE, MINNESOTA The City of Eden Prairie, Minnesota, a public body corporate and politic of the State of Minnesota (the "City") acknowledges that it has reviewed the Collateral Assignment of Tax Increment Financing entered into by and between WSL OF EDEN PRAIRIE PROPERTY OWNER, LLC, a Delaware limited liability company, and DOUGHERTY MORTGAGE LLC ("Lender") to which this Consent is attached ("Assignment") and consents to the terms thereof and to the assignment of the Tax Increment Financing including the Project Management Agreement (as defined in the Assignment) to the Lender and to a subsequent assignment by it to its successors or assigns. The City agrees that from and after the date of the Assignment, upon notice and request by the Lender or its successors and assigns, to make all payments on the Tax Increment Financing described in the Assignment to such requesting party at such address as it shall be directed in writing. Dated: , 2015 CITY OF EDEN PRAIRIE, MINNESOTA, a public body corporate and politic of the State of Minnesota By: Its: EXHIBIT A TO ASSIGNMENT OF TAX INCREMENT FINANCING ASSIGNMENT OF PROJECT MANAGEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that effective as of , 2015, WSL OF EDEN PRAIRIE PROPERTY OWNER, LLC, a Delaware limited liability company (the "Assignor") in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, in hand paid by DOUGHERTY MORTGAGE LLC, a Delaware limited liability company (the "Assignee"), receipt whereof is hereby acknowledged, and pursuant to the Collateral Assignment of Tax Increment Financing dated as of the date hereof executed by and between Assignor and Assignee (the "Assignment of Tax Increment Financing"), does hereby sell, assign, transfer, and set over, to the Assignee, its successors and assigns, any and all of the Assignor's rights, title and interest in and to that certain Project Management Agreement dated as of June 5, 2001, executed by and between SE Rolling Hills, LLC, a Delaware limited liability company, and the City of Eden Prairie, Minnesota, a public body corporate and politic of the State of Minnesota, as amended by that certain First Amendment To Project Management Agreement dated January 21, 2003, as further amended by that certain Second Amendment To Project Management Agreement dated May 5, 2015, as recorded in the Office of the Registrar of Titles, Hennepin County, Minnesota, on June 1, 2015, as Document No. T05260139, and as assigned by SE Rolling Hills, LLC and assumed by Assignor pursuant to that certain Assignment and Assumption Agreement dated as of the date hereof (together with all subsequent amendments, modifications, renewals and extensions thereof, collectively referred to herein as the "Project Management Agreement") concerning the real property known as The Colony At Eden Prairie as legally described in Exhibit 1 attached hereto. The Assignor hereby constitutes and appoints the Assignee its irrevocable attorney in fact to enforce all rights, title and interest of the Assignor under the Project Management Agreement, to collect and receive any debts or obligations related thereto, and to satisfy said Project Management Agreement as same might or could have done were these presents not executed, and does hereby covenant with the Assignee that the Assignor has good right to assign, convey and transfer the same. Upon the termination and/or expiration of the Collateral Assignment of Tax Increment Financing, this Assignment shall automatically terminate and be without force and effect. (Signature Page to Follow) IN TESTIMONY WHEREOF, the Assignor has caused these presents to be executed as of the date first written above. WSL OF EDEN PRAIRIE PROPERTY OWNER, LLC, a Delaware limited liability company By: HSRE-Waters of Eden Prairie V, LLC, a Delaware limited liability company, its sole member By: Name: Lynn Carlson Schell Its: Authorized Representative STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2015, by Lynn Carlson Schell, the Authorized Representative of HSRE-Waters of Eden Prairie V, LLC, a Delaware limited liability company, the sole member of WSL OF EDEN PRAIRIE PROPERTY OWNER, LLC, a Delaware limited liability company, on behalf of the limited liability company. Notary Public THIS DOCUMENT WAS PREPARED BY AND WHEN RECORDED RETURN TO: Winthrop & Weinstine, P.A.(ALK) 225 South Sixth Street, Suite 3500 Minneapolis, MN 55402 EXHIBIT 1 TO ASSIGNMENT OF PROJECT MANAGEMENT AGREEMENT Legal Description of the Project Parcel 1: Lots 1 and 2, Block 1, Rolling Hills Senior Housing, Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 1378471 Parcel 2: The benefit of the non-exclusive easements for access and parking purposes described in Article I of Declaration creating Easements, Covenants, Conditions and Restrictions dated August 14, 2001, filed August 15, 2001, as Document No. 3422310. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings October 6, 2015 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Burger King Development/Planning Janet Jeremiah/Steve Durham Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Site Plan Review on 1.34 acres Synopsis The applicant plans to update the exterior facade of the building to align itself with the Burger King brand. This update will include: • An increase of exterior brick building material to exceed the required 75%brick, glass or stone, and 25% other material as required by Code. Proposed brick and glass will be 95% of the exterior elevations. Five Percent exterior building material will be stucco or wood. • Update the color and architectural scheme to the current Burger King brand standard. • Update the roof material to metal. • Update signage. All new signs will need to comply with City Code, Chapter 11.70 and will require separate sign permits. • Update the landscape plan to include four additional evergreens, two deciduous trees and add ground cover plant material to include color and add variety to the site. • Inclusion of a bicycle rack. • Update parking lot lighting. • Update the drive-thru including an order canopy. Background In 1983 a Burger King Restaurant was approved on 2.15 acres. Through further parcel subdivision in 1988 and acquisition of property for Highway 5, the property now contains 1.34 acres. The original restaurant was 2,276 square feet. Over time two building additions have occurred and the restaurant has expanded to 3,832 square feet. Planning Commission Discussion items: The Planning Commission identified several issues which the Applicant has addressed and modified the site plan to incorporate the issues based on a revised site plan dated September 22, 2015. • The entrance to the drive thru has been modified with curb installation to direct vehicular traffic into drive-thru lane and stacking lane in a controlled and deliberate way. • Additional directional way finding signs both on the pavement and with above grade signs directing vehicular traffic to the drive thru at the entrance to the site. Signage will be required to comply with City Code requirements. • Added directional signs designating"over size vehicle"parking on the east side of the property. Signage will be required to comply with City Code requirements. • Added a sidewalk connection from the off-site trail to the interior of the Burger King site. • Revised the existing tree count to accurately reflect the count on site. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the September 14, 2015 meeting. Attachments 1. Resolution Site Plan Review 2. Staff Report dated 09-11-15 3. Location Map 4. Guide Plan Map 5. Zoning Map 6. Aerial Map 7. Project Narrative 07-30-15 8. Supplemental Project Narrative 09-22-15 9. Approved Planning Commission Minutes dated 09-14-15 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- A RESOLUTION APPROVING THE SITE PLAN REVIEW OF BURGER KING WHEREAS, Paul Dahl AIA, WCL Associates, Inc., has applied for a Site Plan approval to modify the exterior of the Burger King building located at 16345 Terrey Pine Drive, Eden Prairie, Minnesota; and WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Site Plan Review of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on September 14, 2015 on Burger King by Paul Dahl AIA, WCL Associates, Inc. on behalf Burger King Corp., and considered their request for approval of the Site Plan Review and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on October 6, 2015. NOW, THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Burger King, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant Site Plan Review approval as outlined in the Staff Report dated September 11, 2015 and plans stamp dated September 22, 2015. ADOPTED by the City Council of the City of Eden Prairie this 6th day of October, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A Legal Description: Lot 1, Block 1, Burger King Eden Prairie Addition TO: Planning Commission FROM: Steve Durham, Planner II DATE: September 11, 2015 PROJECT: Burger King Exterior Remodel APPLICANT: Paul Dahl AIA, WCL Associates, Inc. FEE OWNER: Burger King Corp. LOCATION: 16345 Terrey Pine Drive, Eden Prairie, MN 120 DAY REVIEW: November 26, 2015 REQUEST: • Site Plan Review on 1.34 acres HISTORY-EXISTING CONDITION In 1983 the Planning Commission and City Council reviewed and approved a Burger King Restaurant on 2.15 acres. Through further parcel subdivision in 1988 and acquisition of property for Highway 5, the property now contains 1.34 acres. The original restaurant was 2,276 square feet in size with 60 seats and a parking requirement of 20 stalls. Over time two building additions have occurred and the restaurant has expanded to 3,832 square feet, 104 seats and 49 parking stalls exceeding required parking. In 1983 via Variance#1983-32 a variance was granted to permit an increase of wood exterior building material from 25%to 36% and 38%respectively on the east and west building elevations. COMPREHENSIVE PLAN & ZONING The Comprehensive Guide Plan for surrounding properties is designated Neighborhood Commercial, Community Commercial, Office and Industrial. The zoning of the surrounding properties include Community Commercial (C-Com,) Office (Ofc,)Neighborhood Commercial (N-Com) and Industrial (I-2.) SITE PLAN REVIEW The applicant and owner propose to revise the interior and exterior of the building. The exterior elevation revision will align with the current Burger King brand. The exterior update will include: • An increase of exterior brick building material to exceed the required 75%brick, glass or stone, and 25% other material as required by Code. Proposed brick and glass will be 95% of the exterior elevations. Five Percent exterior building material will be stucco or wood. • Update the color scheme to the current Burger King brand standard. • Update the roof material to metal. Staff Report—Burger King Exterior Remodel September 11, 2015 Page 2 • An architectural brick feature attached to the building on the north elevation consistent with the Burger King brand. • Update the signs on the building. No sign may be above the roof line. All new signs will need to comply with City Code, Chapter 11.70 and will require separate sign permits. • Update the landscape plan to include: 1. Four(4) additional evergreens on the northern portion of the property adjacent to Highway 5. 2. Two (2) deciduous trees on the property and ground cover. 3. Add ground cover plant material on the west side of the property and other areas on the site which will include color and add variety to the building. • Inclusion of a bicycle rack. The inclusion of a bike rack will promote the goals of the City of Eden Prairie Pedestrian and Bicycle Plan. • Update parking lot lighting. This will include painting the existing poles and heads and cleaning the lenses and re-lamping to match existing. No new light poles are planned. • Update the menu board and drive-thru order station including an order canopy. The proposed exterior building elevations exceed building material requirements as required by City Code and eliminate the variance for the use of wood greater than 25%. The proposed exterior building plan revisions are consistent with the original architecture. Continued use of unpainted brick and coordinated new brick are identified in the plan. The proposed plan calls for improving the landscape material to add interest and color to a highly visible site within the community. The site currently exceeds the minimum required landscape material requirement, that is, 12 caliper inches required and 97 caliper inches exist on site. The applicant will add additional landscape material which includes deciduous trees, conifers and perennial ground cover. The species chosen will not only add color and interest year round, but are tolerant to road salts. The existing retaining wall currently in disrepair on the west lot line adjacent to County Road 4 (Eden Prairie Road) is scheduled to be removed by Hennepin County with upgrades at the County Road 4 and Highway 5 road improvement project. The retaining wall will be removed and property graded without the use of a retaining wall. STAFF RECOMMENDATION Recommend approval of the following request: • Site Plan Review on 1.34 acres The recommendation is based on plans stamp dated September 3, 2015, the Staff Report dated September 11, 2015 and the following conditions: Staff Report—Burger King Exterior Remodel September 11, 2015 Page 3 CONDITIONS: • The existing and new brick areas depicted on the plans are not to be painted. • Provide a brick sample. Brick must meet City Code Architectural Standards per City Code. • Any rooftop mechanical equipment shall be screened at the time of building permit issuance according to City Code, Chapter 11 mechanical screening standard. • A landscape/surety bond will be required prior to building permit issuance consistent with that portion of City Code, Chapter 11, Section 11.03, Subdivision 3, G. entitled Screening and Landscaping. • No sign may be above the roof line. All new signs will need to comply with City Code, Chapter 11.70 and require a separate sign permit. Area Location Map - Burger King 2015-14 Site Address: 16345 Terrey Pine Drive, Eden Prairie, Minnesota 55347 I_ I I wP Highway #5 (West 78th Street) / rn • Terrey Pine Drive N Eden Prairie Road] 0 135 270 540 Feet / I I I I I I I Guide Plan Map - Burger King 2015-14 16345 Terrey Pine Drive, Eden Prairie, MN 55347 E__ li____ J--___LE_66NAVE ‘.....N .4C G. WP ,IN ST I Highway #5 (West 78th Street) J Iff . 1:1 II ; Jmi `I iiiiiii [ ta ne.sy i Terrey Pine Drive Jv • Eden Prairie Road h4 O - • - • al ie . '• U ui '>p :: pPi0i - t :0 ili. _alliMilL' \ 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 . . +;. ,t -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 EDEN I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 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 f� Office/Public/Open Space Right-Of-Way 390 195 M 0ogamm�Me mo1.m_o.„®o�..o.a, o ..0..390 Feet - Industrial Zoning Map - Burger King 2015-14 16345 Terrey Pine Drive, Eden Prairie, MN 55347 lt,_ „G /‘< D Highway #5 (West 78th Street) 1 !7------- C.IlriXaj —I < Terrey Pine Drive 1 ellitott Eden Prairie Road J k City of den Prairie Zoni Map =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) . 1 1 ,f. t R1-9.5 One Family-9,500 sf min. _Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ll Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDE Office AI Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE iIF t Neighborhood Commercial 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•WOBIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I I Right of Way -Regional Service Commercial 0 0.05 0.1 Miles .wa._o...m..=..m._..®..g..o.a.,a ..o...ia..m ,..,,mo, Aerial Map - Burger King 2015-14 Address:16345 Terrey Pine Drive, Eden Prairie, Minnesota 55347 -::-...:_lgemsommutrif-4. _,/7' _ 1\41**\ 4i4 • •-, ,1,- `i Ai = - sr ' ' — a� f• , Highway #5 (West 78th Street) '''. ' m"* -e: ?,- .• - ok 1 ' "'" - ' 1 , $ :..ell'Irr, 's"7.,°! -.* - 4 ,..„ ,.. ,..., , ` r ,yam: ' T 4. liw 3 F. il _ - . .. WI Aoki: 11' I 6 '1 , ,r i SATE" � illiiiat , 41,._, _ ,_ OR h y Terrey Pine Drive + ' 'r I„ ,:l' , twin Itrli ill R"1111114g1"I14 I ..4 117.11;k-7I .. *1141: ::' 1F ' je' 'n� tiAL' .� - 1-1 i.. ... I n, *, I r lo . ` -.4- -, .i z ^.. '• , nigfrr . , \ i -,zik( ., , Eden Prairie Road i , 1 , I \ '''. I.-7,,t,•7 - _ 71::::7 11 ii t -/ f Ili" 14. 290 580 Feet VV C Associates. Inc Burger King 16345 West 78`n Street Eden Prairie, MN 55344 Site Plan Review Architecture Interiors Project Narrative: This existing Burger King was originally built in 1983. The current building is approximately 3,800 square feet, and with this remodel, will have 104 seats. 1. General description of the request or proposal: The square footage of the building is to remain as is and there will be no changes to the footprint of the building. The public areas of the interior will be updated with regards to finishes and seating to meet the 2020 Burger King prototype requirements_ Theexterior of the building will be up dated to meet the current Burger King 2020 prototype finishes, to the extent allowable. while exceeding the requirements of the City codes. The existing parking lot and parking lot lighting is to remain as is with new finishes. The existing trees and building perimeter shrubbery/perennials exceed the current requirements of the city code_ The owner understands the affect that, even a few new, eye catching, colorful, additional plant materials will have on the public's perception of this restaurant and he has decided to enhance the site by adding additional trees, shrubbery and perennials. The restaurant is on a public bike pathway and even though a public bike rack is not required by the city, the owner has decided that adding a bike rack at this location would be a prudent decision, not only for the public, but also for his staff. 2. City Guide Plan Framework: This is an existing building, with no changes in occupancy or use, proposed to be remodeled meeting the requirements of the City Code. 3. Zoning Classification: � - h�' ,°�=' Nt , i�IXD 493/West 3S'S1reet 00 C-HWY NNN n-a S Perk,MI �i fi ifrii] l �dt it"ttli ri St.louls5416 esotfl 55415 4. Variances Requested: JUL 3 0-2015 T..952,.541,9969 F.952..541.9554 None. www.wcla.cam 1Y City of EdenPrahrie 5. Existing Land Use: Restaurant and related parking and drive through elements. Occupancy Classification is A-2. There are no proposed changes with the use, 6. Phasing and construction schedule: Construction schedule is to start in the fall of 2015 and finish in winter of 2015. 7. Development Use: Owner occupied. 8. Legal instruments, association documents, easements, covenants, and restrictions: Existing Conditions— does not apply. 9. Housing Land/building use profile: Does not apply. 10. Signage Locations, sizes and materials: Signage is located on the East, South and North facades. One 4'diameter(16 s_f), internally illuminated, standard Burger King sign, on the south facade. One 5'diameter (25 s.f.), internally illuminated, standard Burger King sign, with one f'-2"x 23-10"(28 s.f.) rectangular ''Nome of the Whopper"internally illuminated sign located on the east facade, on an open marquee. PylonSign: The pylon sign is an existing internally illuminated sign. it is 25'high, with a 64 s_f. face. The pylon sign is to remain as is, except that the structure and frame around sign is to be painted black. 11. Lighting —locations, type and height: There are no planned changes to the existing parking lot lighting other than painting the existing poles and heads and cleaning the lenses and re-tamping to match existing. 12. Transportation capacity, impacts, etc. This does not apply. 13. Level I Environmental Assessment This does not apply. 14. Environmental Assessment Worksheet EC E,i1 QED Planning Department This does not apply. JUL 0.2015 15. Shore Land Ordinance City of Eden Prairie This does not apply. Pap Ma a,o- r, c,c,�e„,eye•,, ... ,,,. .,11.VIB.43G4„I.1s.rirrFROL erv100.11L'r.40.7 16. Airport Zones This does not apply. 17. Disposition of any excess land This does not apply. 18. Storm water, erosion control, etc. This does not apply. 19. All applicable preliminary storm water design calculations and drainage area maps This does not apply. 20. Water and wetlands This does not apply. 21. Wildlife habitats This does not apply. 22. Soils This does not apply. 23. Existing Structures There are only the existing Burger King building and the trash enclosure on the property. Both are to remain. 24. Steep Slopes This does not apply. 25. 11 x 17 reduction of all plans M C IM Plonniny Department Two sets of all documents are provided. JUL 0'2(5 26. Any other relevant issues None. l City of Eden Prairie 27. Soils report. There are no new footings and foundations proposed, nor am there any proposed ponds, so this does not apply. PAER3d q; ••ILd01.1,. 11-C pfl iMl6+.'fl,i:LLIl.I.,TE.YAI I RE.IEVr I1GJUIIENI f I'fliJ[.I HARRSIr�p:ll Planning Department September 22, 2015 SEP 2 2 2015 W C L Associates. Inc City of Eden Prairie Architecture RE: Burger King 16345 Terrey Pine Drive, Eden Prairie, MN 55344 Interiors Narrative to address the issues raised by the Planning Commission on September 14, 2015 Item 1. Issue: Drive Thru Lane: The Planning Commission requests that the curb be extended to deter patrons from short circuiting the proper drive thru lane, forcing them to follow the requested path that provides for stacking of waiting vehicles. Response: We have addressed this issue by installing a projecting curb to deter traffic from making a left hand turn from the drive lanes closest to the building. Item 2. Issue: Drive Thru Lane: The Planning Commission requests adding directional way finding signs, both on the pavement and above grade directional signs to help direct patrons to the drive thru lane. Response: We have added way finding signs, both on the pavement and above grade signs, to direct the drive thru patrons to follow the path that provides for stacking of waiting vehicles in the easterly most drive lane. This allows for patrons to use the parking spaces closest to the building without having to wait for stacked vehicles to move before parking or leaving the parking spaces. Item 3. Issue: Unstriped parking area on east edge of parking: The Planning Commission requests we provide signage to identify that the unstriped parking area to east is to be used for`oversized vehicle parkingonly". 4931 West 35th Street P 9 Y Suite 200 St.Louis Park,Minnesota 55416 Response: We have added three above grade signs that state "Oversized Vehicle T..952..541-9969 Parking Only" to identify what this parking area is to be used for. F..952..541-9554 www.wcla.com Item 4. Issue: Pedestrian Access from trail to site: The Planning Commission requests that we provide for pedestrian access to the Burger King site from Eden Prairie Road trail. Response: We looked at multiple locations on the site to determine which best addressed: • Safety for those using the access. • Ease of access. • The grade change issues, of stairs, retaining walls, etc. • Minimize site disturbance to avoid issues with the Riley- Purgatory-Bluff Creek Watershed District. The four access point locations we looked at were: • From the northwest corner at Highway 5 and Eden Prairie Road. • Along the south edge of property along Terrey Pine Drive, south of property line, then turned in to site along access drive. • Along the south edge of the parking lot curb, up and over the berm connecting to the trail. • South of the building, as shown on our site plan. The issues with each location not used: • From the northwest corner at Highway 5 and Eden Prairie Road. No safe way to bring patrons in to the building from the north. Patrons would have to cut between drive thru stacked vehicles to access the site and there is no sidewalk that connects to entry. • Along the south edge of property at Terrey Pine Drive, south of property line. The DRC group discussed this location and proposes that the plan be revised to include a sidewalk connection towards the south end of the property but contained within the BK parcel. • Along the south edge of the parking lot curb. This location becomes very costly to add an access sidewalk because of the contours of the existing site that we'd have to modify. This location would require a retaining wall along the south edge of the sidewalk approximately 100' long, or extensive grading, all of which would cause issues that would require a Storm Water Management approval process with the Riley-Purgatory-Bluff Creek Watershed District. The location south of the building, as shown on our site plan, was determined to be the best location due to all of the issues with the other locations. Page 2 of 3 Item 5. Issue: Existing Landscape Tree Count: The Planning Commission requests we correct the number of spruce trees at the southwest corner from three to two as per existing conditions. Response: This correction has been made. The corrected number of trees and the related caliper total still exceed the code requirements for this property. Paul G. Dahl, AIA Principal Page 3 of 3 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, SEPTEMBER 14, 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 Pieper called the meeting to order at 7:00 p.m. Kirk and Stoltz were absent. II. APPROVAL OF AGENDA MOTION by Farr, seconded by Weber, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON AUGUST 24, 2015 Wuttke had two changes to the minutes. The first change is on page 3, 4th paragraph, 1St sentence. He would like it to read, "Wuttke had a comment on materials and said there are new products made available continually." Wuttke's second change is on page 4, 2nd paragraph, 1St sentence. He would like it to read, "Wuttke asked if the City has art and sculpture regulations." MOTION by Weber, seconded by Farr, to approve the amended Planning Commission Minutes. Motion carried 5-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS Planning Commission Minutes September 14, 2015 Page 2 B. BURGER KING by Paul Dahl Associates, Inc. Location: 16345 Terrey Pine Drive Request for: • Site Plan Review on 1.34 acres Paul Dahl, of WCL Associates, Inc. presented the proposal. He stated they would like to update the interior and upgrade the exterior with new materials. The brick materials on the elevations would be well within the 75%requirements. All the shingle roof material will be replaced with metal roofing. The site improvements will include updating landscaping and parking lot lighting, menu board and drive- thru order station,building signage and inclusion of bike racks. Vice Chair Pieper asked Klima to review the staff report. Klima said the applicant is proposing a façade remodel and landscaping to enhance the pedestrian experience. The retaining wall along Eden prairie Road is the County jurisdiction and they plan to remove and upgrade the area. Klima also met with Farr as he had some concerns with the project. They are as follows: 1. Farr would like to see the pedestrian connection from the trail to the Burger King site. 2. Apply more definition when leaving the drive thru area. 3. At entry way there should be curbing to keep traffic away from the drive thru. 4. Landscaping numbers need to be re-tweaked. Staff recommendation is for approval. Vice Chair Pieper asked if the project proponent had any concerns with the recommendations. Mr. Dahl said he has some concern about the grade change because when you get past the berm there is some sloping so a different location may be needed. Klima said staff will work with the project proponent for design changes. Higgins reiterated there is some confusion when entering the parking lot and not seeing the drive-thru. Farr suggested putting up a sign. Vice Chair Pieper opened the meeting up for public input. There was no input. Planning Commission Minutes September 14, 2015 Page 3 Wuttke asked if parking in the back area is going to be stripped. Mr. Dahl said it was not going to be stripped. MOTION by Weber, seconded by Farr, to close the public hearing. Motion carried 5-0. MOTION by Weber, seconded by Higgins, to recommend approval of the Site Plan Review on 1.34 acres based on plans stamp dated September 3, 2015 and the information included in the staff report dated September 11, 2015. Motion carried 5-0. VII. PLANNERS' REPORT No Planners' Report VIII. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE—LIGHT RAIL Weber said the Eden Prairie meeting for the light rail will be Tuesday, September 15. IX. CONTINUING BUSINESS No continuing business. X. NEW BUSINESS No new business. XI. ADJOURNMENT MOTION by Kirk, seconded by Wuttke, to adjourn the Planning Commission meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 7:53 p.m. CITY COUNCIL AGENDA DATE: October 6, 2015 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Eden Prairie Retail Development/Planning Janet Jeremiah/Julie Klima Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 0.8 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Commercial Regional Service Zoning District on 0.8 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The proposed project is for the construction of a 7,200 square foot building. The proposed structure is a two tenant retail building. The proposal includes the removal of the existing structure and drive through and replacing it with the new structure. The proponent is seeking PUD waivers to the front yard setback and to the Floor Area Ratio (FAR) for the site. Background The structure proposed exceeds the requirements for construction materials on all facades, landscaping for the site, parking provided on site and includes the addition of bicycle racks. The architecture of the building includes varied roof lines and building wall articulations. In addition, the proponent's proposal includes the use of canopies and wall lighting to create additional definition, contrast and interest to the facades of the building. The following PUD waivers are proposed: 1. Front yard setback of 30 feet for the building at its closest point and 25 feet for the parking area at its closest point. City Code requires 35 feet. 2. Floor Area Ratio (FAR) of 0.207. City Code requires 0.2. The site exceeds the requirements for construction materials, architectural details, landscaping and provision of bicycle parking amenities. These enhancements improve the overall interest, aesthetics and definition of the site. The 120-Day Review Period Expires on November 22, 2015 Planning Commission Review and Recommendation At its September 14, 2015 meeting, the Commission asked that staff to continue to work with the proponent on several issues prior to City Council review. As a result, the following modifications have been made to revised plans received September 22, 2015: 1. The trash enclosure has been removed as a stand-alone feature and has been integrated into the structure. 2. Additional architectural detail has been added to the retaining wall, the use of complementary colors in the retaining wall has been introduced and additional landscaping has been provided in front of the retaining wall. Staff will review specific landscaping materials at the time of submittal of the final landscaping plan. 3. Modifications have been made to the building materials to utilize brick or cast stone for the bottom 3 feet of the structure where EIFS was originally proposed and a reinforced EIFS product will be used 5 feet above the brick/cast stone area. 4. Bicycle racks have been relocated to a more visible location. 5. The canopies on the north and south elevations of the building have been revised to contrast from the canopies at entrance areas to minimize confusion regarding the location of entrances into the building. 6. The Planning Commission also requested that the proponent explore the possibility of providing a pedestrian connection from its site to the McDonalds property to the east. The proponent has not provided this connection due to traffic and parking patterns on the McDonalds parcel, as well as, the configuration of property lines. The Planning Commission voted 5-0 to recommend approval of the project at the September 14, 2015 meeting. Attachments 1. Ordinance 2. Resolution 3. Staff Report 4. Location Map 5. Land Use Map 6. Zoning Map 7. Aerial photo 8. Planning Commission Minutes 9. September 22, 2015 Response from Proponent 10. Tower Square Correspondence EDEN PRAIRIE RETAIL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2015-PUD- -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Commercial Regional Services Zoning District-2015-PUD-_-2015 (hereinafter "PUD-_- 2015-J. Section 3. The City Council hereby makes the following findings: A. PUD- -2015- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD- -2015- is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2015-_are justified by the design of the development described therein. D. PUD-_-2015- is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2015, entered into between ARC CAFEUSA001 LLC and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-_-2015- , and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Commercial Regional Services District and shall be included hereafter in the Planned Unit Development_-2015- , and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 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 day of , 2015. ATTEST: Kathleen A. 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 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2015- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EDEN PRAIRIE RETAIL FOR HECTOR VINAS WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development(PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on September 14, 2015, on Eden Prairie Retail for Hector Vinas and considered the request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on October 6, 2015. NOW, THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. 590 Prairie Center Drive being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated September 22, 2015. 3. That the PUD Concept meets the recommendations of the Planning Commission dated September 14, 2015. ADOPTED by the City Council of the City of Eden Prairie this 6th day of October, 2015. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- Legal Description: Lot 2, Block 1, Alexander Emmett Addition STAFF REPORT TO: Planning Commission FROM: Julie Klima, City Planner DATE: September 11, 2015 PROJECT: Eden Prairie Retail LOCATION: 590 Prairie Center Drive APPLICANT: EP Equities, LLC/Hector Vinas OWNERS: ARC Café USA 00l LLC 120 DAY REVIEW: Expires November 22, 2015 REQUEST: 1. Planned Unit Development Concept Review on 0.8 acres 2. Planned Unit Development District Review with waivers on 0.8 acres 3. Zoning District Amendment within the Commercial Regional Service Zoning District on 0.8 acres 4. Site Plan Review on 0.8 acres BACKGROUND The Comprehensive Guide Plan shows the 0.8 acre property for Community Commercial land use. Surrounding land uses are guided Community Commercial and Regional Commercial. The property is zoned Commercial Regional Service. SITE PLAN Currently, the parcel contains a structure with drive through that is approximately 3,000 square feet in size. The proposal includes removal of the existing structure and construction of a new structure (without the drive through)that is approximately 7,200 square feet in size. The proposed structure exceeds the construction material requirements per façade for 75/25% materials. Materials provided that are within the 75% required category include glass, cast stone, and face brick. The architecture of the building includes varied roof lines and building wall articulations. In addition, the proponent's proposal includes the use of canopies and wall lighting to create additional definition, contrast and interest to the facades of the building. The proponent has indicated that the structure will be utilized as a two tenant retail building. Parking requirements for retail structures are calculated based on gross floor area. Assuming retail development, the site will require 37 parking stalls. The site proposes 42 parking stalls, exceeding the requirement. Additionally, the site is subject to existing cross parking and access Staff Report—Eden Prairie Retail September 11, 2015 Page 2 agreements with adjoining properties. The required landscaping proposed on site is a combination of coniferous and deciduous trees dispersed throughout the site. The additional landscaping provided in excess of the City Code requirements includes shrubbery,perennials, and grasses. The proposed site plan also includes the installation of 4 bicycle racks that will accommodate bicycle parking on site. PLANNED UNIT DEVELOPMENT WAIVERS City Code requires a front yard setback of 35 feet for building and parking on this property. The proponent is seeking approval of a reduced setback of 30 feet for the building at its closest point and 25 feet for the northwest corner of the parking area in order to retain as much of the existing construction on site as possible. The Commercial Regional Services District requires a Floor Area Ration (FAR) of 0.2. The proposed plan provides for a FAR of 0.207. The proponent is seeking approval of a PUD waiver to allow the incremental increase in the FAR. The following PUD waivers are proposed: 1. Front yard setback of 30 feet for the building at its closest point and 25 feet for the parking area at its closest point. City Code requires 35 feet. 2. Floor Area Ratio (FAR) of 0.207. City Code requires 0.2. The site exceeds the requirements for construction materials, architectural details, landscaping and provision of bicycle parking amenities. These enhancements improve the overall interest, aesthetics and definition of the site. SIGNS All sign permits will require review and approval through the sign permit process. SITE LIGHTING A photometric plan will be required to be submitted at the time of building permit and will be required to meet City requirements. STAFF RECOMMENDATIONS Recommend approval of the following request: 1. Planned Unit Development Concept Review on 0.8 acres 2. Planned Unit Development District Review with waivers on 0.8 acres Staff Report—Eden Prairie Retail September 11, 2015 Page 3 3. Zoning District Amendment within the Commercial Regional Service zoning district on 0.8 acres 4. Site Plan Review on 0.8 acres This is based on plans stamp dated September 9, 2015 and the following conditions: 1) Prior to building permit issuance for the property, the proponent shall: a) Provide a photometric plan that complies with City requirements. b) Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the landscaping plan for review and approval. 2) The following waivers have been granted through the PUD District Review for the property: a) Front yard setback of 30 feet for the building at its closest point and 25 feet for the parking area at its closest point. City Code requires 35 feet. b) Floor Area Ratio (FAR) of 0.207. City Code requires 0.2. 3) All signage shall require review and approval of a sign permit. Area Location Map - Eden Prairie Retail (2015-10) Site Address: 590 Prairie Center Drive, Eden Prairie, Minnesota 55344 /-----_ _ : o W W J� �O G Q�' REGtONALCEN 1111111 III up ....„ I • \ */ yIn1oud Drive \ / IT - . Prairie Center Drive R°j�� FtiT4 R4t4 / zoo, I d N m 0 195 39 7 0 Feet SHANNONCI U Guide Plan Map - Eden Prairie Retail 2015-10 590 Prairie Center Drive, Eden Prairie, MN 55344 -,�„�_'j2 KO 1 r , 7 ...�_Le •7-_--‘ i / rj . r , j /�iiif.I710e 4� ,f,ili4i //_J� Flying Cloud Drive Mio 0 INIIIMW P ) _,(44gN cof rairie Center Drive R� - 7'4 �� N O Q� ez- z( i STL EMill . P • 4 i ;(4)let—1 4 P City of Ed- n Pra rie La • 4 se 0 WO. MI ' 1 ON Ian M . i 00-2120 Z FZ C 4 ►, _ 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 . $ +;. .1 -B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised -23-06 DATE Revised 0-01-07 E D E N I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collect or DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE rriY// Office/Industrial Open Water EIVE•WORK•DHEAM M f� Office/Public/Open Space Right—Of—Way 470 235 Oogamm�Me mo1.m_o.„®o�o..o.a, o ..o.. 470 Feet - Industrial Zoning Map - Eden Prairie Retail 2015-10 590 Prairie Center Drive Eden Prairie, MN 55344 .., Es I ' EGIONAL CENTER RD711 o Flying Cloud Drive Prairie Center Drive -.l 47/ 7/ 0 N\ , , II tie R virV i(Ilt 4111%)rrr C � SITE Q 0O / 'N''''''''''''-'-'').S4•Pram -____:-... . ,,....,„ .i 1 y-- , \, <\o Citof .' - n � a • III,f =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-2Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^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 EDEN Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial Water In case of discrepancy related to a toning classitmaaon on this zoning map,the ordinance ME,WOBIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I Right of Way -Regional Service Commercial 0 0,075 0.15 Miles .waL_op..m..=..m._..®..i..o.a.,a ..o...:;,..m ,..,,mo, Aerial Map - Eden Prairie Retail 2015-10 Address: 590 Prairie Center Drive, Eden Prairie, Minnesota 55344 wilimprlw, ? ‘ glito i -. i .... , iiiii,„ -_,0-*-4, 40 -i , lb , "124 st .,-..__1.1,6 4 il. .,.. .... ."'",alig ‘I t!',I ..=. .,.. '.. Z "ft., AIEHAAY- 1.4*; \ ' ,• ' S. Si& ,,, '414 . I It L i I I 10. : 0 - ,., . _114, ,.. --1.. * , , OPir L '1 i r, ram' �' "4,4 , /' . 4 A I. ; -. ': T` - REGIONAL C NTER RD ` i .. _ 1 too 1 f' , '/ 4 Prairie Center Drive 44R' ' it Flying Cloud Drive a ' -A ciox . ;'fir ' nr. ► „ce,‘...,,A , , --,--/ - - \ 1 - sc.. , . , , ..., . 1 . s : *It SIFT E �. , < . 4 S. -. 4 ‘). ' i it ... ._._.,- _,-,-L L 't A ' 411, ' . .- A . 'W‘Vriirlb • 1 ;" 4 t;ir. RI/ ) e•4 Lill r?"--A 'X - I "1/46-,,,r0v•-'. 13.) .,,, ,„....IN iF F LN --,, VJAV , . ,.�,r . _ , tit pAt e ,- :rt.: 1, iret 1 vi i I v� Z APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, SEPTEMBER 14, 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 Pieper called the meeting to order at 7:00 p.m. Kirk and Stoltz were absent. II. APPROVAL OF AGENDA MOTION by Farr, seconded by Weber, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON AUGUST 24, 2015 Wuttke had two changes to the minutes. The first change is on page 3, 4th paragraph, 1St sentence. He would like it to read, "Wuttke had a comment on materials and said there are new products made available continually." Wuttke's second change is on page 4, 2nd paragraph, 1St sentence. He would like it to read, "Wuttke asked if the City has art and sculpture regulations." MOTION by Weber, seconded by Farr, to approve the amended Planning Commission Minutes. Motion carried 5-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS Planning Commission Minutes September 14, 2015 Page 2 A. EDEN PRAIRIE RETAIL by EP Equities, LLC Location: 590 Prairie Center Drive Request for: • Planned Unit Development Concept Review on 0.8 acres • Planned Unit Development District Review with waivers on 0.8 acres • Zoning District Amendment within the Commercial Regional Services zoning district on 0.8 acres • Site Plan Review on 0.8 acres Sheldon Berg, representing EP Equities, presented the proposal. He utilized the overhead projector to present a PowerPoint presentation. He stated they would like to re-develop the site and remove the existing structure and construct a new structure without the drive-thru. The new structure would be approximately 7,200 square feet in size. The new structure would exceed the construction material requirements per facade for 75/25%materials. There will also be improvements to the parking area; which will include 42 parking stalls. The site only requires 37 parking stalls. There will also be 4 bike racks and a trash enclosure. The proposed landscaping is in excess of the City Code requirements and includes grasses, shrubbery and perennials. Vice Chair Pieper asked Klima to review the staff report. Klima said the City Code requires a front yard setback of 35 feet for building and parking. The project proponent is seeking approval of a reduced setback of 30 feet for the building at its closest point and 25 feet for the northwest corner of the parking area in order to retain as much of the existing construction on site as possible. Also, the Commercial Regional Services District requires a Floor Area Ratio of 0.2. The proposed plan provides for a FAR of 0.207. The project proponent is seeking approval of a PUD waiver to allow the incremental increase in the FAR. Because the site provides parking in excess of the required retail spaces and no waiver for parking island area has been requested, staff is recommending that the site plan be revised to include the additional parking island areas necessary to meet the 5% requirement prior to initial City Council review of the project. Staff recommendation is for approval. Klima stated she had met with Farr prior to the meeting to discuss approval of this project and he came up with the following issues: 1. The retaining wall along Flying Cloud Drive—he would like the proponent to provide aesthetic qualities to this structure. 2. Trash enclosure—right now it is a stand-alone structure and he would like the proponent to integrate it into the building. 3. Building materials—Farr would like the lower 8 feet to be different materials for effuse materials. 4. In regards to the north building material, there appears to be an entrance where there is not, so Farr would like to have revisions to the north elevation. Planning Commission Minutes September 14, 2015 Page 3 5. Farr would like to see the bike parking maximized. Klima said staff has reached out to the applicant and they are in agreement to working with the City Staff on these issues. Farr said in regards to the retaining wall, if on the lowest place, a drain could be put in so water does not drop down onto the sidewalk and street. In regards to the removal of the drive-thru, it creates a dead end and could be hard for vehicles to maneuver there so maybe employees could park there. Vice Chair Pieper asked the project proponent if he was concerned with any of these suggestions. Mr. Berg said he has no concerns with any of the suggestions. Wuttke asked in regards to the addition of the retaining wall, where would they push the snow because the concern would be that the snow would pile up. Mr. Berg said they would be removing the snow off the property. Farr asked if there is shared maintenance on this property. Klima said there is shared parking on the parcels in the area but snow removal is private and not shared. Wuttke asked Farr to explain the trash can enclosure. Farr said since this is a fish bowl site, it would be best to enclose the trash receptacle. Wuttke asked where he thought the best location would be for this. Farr said facing the east by the drive aisle. Klima said she concurs with Farr and the applicant is willing to integrate the receptacle into the building. Vice Chair Pieper opened the meeting up for public input. There was no input. Wuttke asked about the 5% - 6%parking island and what does that mean. Klima said they did not mean 5% so they need to work on that before City Council review. MOTION by Farr, seconded by Wuttke, to close the public hearing. Motion carried 5-0. MOTION by Farr, seconded by Wuttke, to recommend approval of the Planned Unit Development Concept Review on 0.8 acres, Planned Unit District Review with waivers on 0.8 acres and Zoning District Amendment within the Commercial Regional Services zoning district on 0.8 acres and Site Plan Review on 0.8 acres based on plans stamp dated September 9, 2015 and the information included in staff report dated September 11, 2015. Motion carried 5-0. Planning Commission Minutes September 14, 2015 Page 4 VII. PLANNERS' REPORT No Planners' Report VIII. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE—LIGHT RAIL Weber said the Eden Prairie meeting for the light rail will be Tuesday, September 15. IX. CONTINUING BUSINESS No continuing business. X. NEW BUSINESS No new business. M. ADJOURNMENT MOTION by Kirk, seconded by Wuttke, to adjourn the Planning Commission meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 7:53 p.m. 333 Washington Avenue North,Suite 210,Union Plaza,Minneapolis,MN 55401 T: 612.676.2700 F:612.676,2796 wv✓w.djr-inc.com September 22, 2015 590 Prairie Center Drive Planning Commission Comments— Responses. Julie, Please see the below listed responses to comments from the September 14th Planning Commission Meeting. 1. Provide some additional articulation or clarification of the retaining wall. Response: The retaining wall has been softened with additional landscaping and the dark gray brown color intended for the wall is articulated in the computer rendering. 2. Recommendation to include trash collection inside the building. Response: The exterior trash enclosure has been eliminated and the trash collection has been relocated to the SW corner of the building. 3. Consider other materials for the first 8'-0" of the EIFS entry surrounds. Response: The EIFS surrounds have been modified to include brick or cast stone for the first 3'-0"of the bottom and an additional 5'-0" of reinforced EIFS has been specified to meet this request, however a consideration of flat metal panel in similar natural colors at these locations would likely yield a better result consistent with the original design intent. 4. Entry canopy on the North side may be confusing at non-entry locations for some visitors. Response: The sun shades at the north and south non-entry projections have been revised to contrast from the entry canopies still allowing some pedestrian scale tot eh projecting elements while still maintaining a more substantial character to the entry canopies as a visual indication of entry. 5. Bike parking should be more prominent. Response: the bike parking has been moved forward into the parking area to make it more visible for bicyclists. 6. We recommend a pedestrian connection to the McDonald's to the north. Response: a pedestrian connection was considered for the Connection between the two sites, but a number of factors prevent easy incorporation of this request: • The edge of the 590 lot is just past our parking area to the north. The green space toward the street is in the public ROW. The development only controls approximately 10 feet of a 50-60 feet of sidewalk potentially needed either on McDonald's property or in the ROW. • The McDonald's site bordering our site is filled with parking spaces, integration of a connection would require McDonald's to forgo a parking space and stripe off the pedestrian connection. • The South side of McDonald's lot is congested with Drive Thru traffic without a clear and safe path for pedestrians. The development would consider this option if the city were interested in fostering discussions between to the two sites and owners. Respectfully, Sheldon Berg, Principal TOWER SQUARE SHOPPING CENTER, MINNEAPOLIS, MN. L.P. 270 Commerce Drive, Rochester, New York 14623 (585) 359-3000, Fax: (585) 359-4690 September 22, 2015 City of Eden Prairie Attn: City Council C/o Community Development Department 8080 Mitchell Rd. Eden Prairie, MN 55344-2230 Via: CERTIFIED MAIL RETURN RECEIPT REQUESTED Re: Project Number 2015-10 Dear City Council Members: Our group owns the Tower Square Shopping Center which surrounds the parcel under consideration relative to the above reference Project Number. I am writing today to voice our group's objection to the improvements contemplated as part of this project. Our building currently has very limited visibility to Flying Cloud Drive where the proposed building which is planned to be both taller and have a larger footprint than the existing, will only exacerbate that problem. Additionally, although the proposed initial uses are not overly impactful as to parking and traffic, as the developer/owner turns over tenants going forward, future uses could significantly impact parking as well as traffic flow on our property. Moreover, we have found that both of these types of uses tend to litter common areas with lawn flags, landscape signs and other temporary signage that detracts from the overall appearance of the area. We hereby urge City Council to reject the proposed Project Number. If you have any questions,please call. I Very truly yours, TOWER SQUARE SHOP GCE ER MINNEAPOLIS, MN IMITED PA TNERSHIP Alan Ripley Director of Operations Cc: Zoning Approval Former Famous Dave's. Boston Market File Maintenance File CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims October 6, 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 240788 - 241514 Wire Transfers 1011891 - 1012115 Wire Transfers 5525 - 5550 Purchasing Card Report City of Eden Prairie Council Check Summary 10/5/2015 Division Amount Division Amount General 160,879 308 E-911 320 100 City Manager 8,122 309 DWI Forfeiture 42 101 Legislative 32,640 315 Economic Development 526,437 102 Legal Counsel 38,407 317 Eden Prairie Players 130 110 City Clerk 302 445 Cable PEG 595 111 Customer Service 10,146 502 Park Development 9,095 112 Human Resources 200 509 CIP Fund 360,997 113 Communications 6,724 513 CIP Pavement Management 7,272 114 Benefits&Training 2,220 522 Improvement Projects 2006 2,469 130 Assessing 3,862 527 CIP-Leasing Costs 3,918 131 Finance 759 528 Shady Oak Rd-CR 61 North 1,476 132 Housing and Community Services 150 529 Shady Oak Rd-CR 61 South 1,331,327 133 Planning 722 530 Pool Upgrade/Expansion 759,798 136 Public Safety Communications 11,998 531 Eden Prairie Road 581 137 Economic Development 721 534 WEST 70TH ST.EXTENSION 756 138 Community Development Admin. 827 Total Capital Projects Fund 3,005,213 150 Park Administration 313 151 Park Maintenance 46,669 601 Prairie Village Liquor 154,263 153 Organized Athletics 2,710 602 Den Road Liquor 276,027 154 Community Center 29,985 603 Prairie View Liquor 192,837 155 Beaches 63 605 Den Road Building 1,961 156 Youth Programs 1,833 701 Water Fund 252,154 158 Senior Center 6,829 702 Sewer Fund 26,909 160 Therapeutic Recreation 273 703 Storm Drainage Fund 50,929 162 Arts 3,666 Total Enterprise Fund 955,080 163 Outdoor Center 920 168 Arts Center 2,571 316 WAFTA 207 180 Police 31,871 803 Escrow Fund 33,795 184 Fire 115,313 806 SAC Agency Fund 72,065 186 Inspections 3,470 807 Benefits Fund 1,129,021 200 Engineering 835 812 Fleet Internal Service 162,060 201 Street Maintenance 103,359 813 IT Internal Service 118,657 202 Street Lighting 69,431 814 Facilities Capital ISF 69,469 Total General Fund 698,789 815 Facilites Operating ISF 42,510 816 Facilites City Center ISF 156,825 301 CDBG 8,650 817 Facilites Comm.Center ISF 95,194 Total Internal Service 303 Cemetary Operation 531 Funds/Agency Funds 1,879,804 Total Special Revenue Fund 9,181 Report Total 6,554,267 427 2005 G.O.IMPR BONDS 3,100 440 GO Perm Impr Ref Bonds 2011D 3,100 Total Debt Service 6,200 City of Eden Prairie Council Check Register 10/5/2015 Check# Amount Supplier/Explanation Account Description Business Unit Comments City improvement proj-TH 212&CSAH 61 Shady Oak Rd 241256 1,434,293 C S MCCROSSAN CONSTRUCTION INC Improvement Contracts Shady Oak Road/CR 61 SOUTH Interchange 241472 735,349 RJM CONSTRUCTION INC Building Aquatics&Fitness Expansion EP Aquatics Addition TIF district 15-Eden Shores 1012083 523,967 EP CONSOLIDATED PROPERTIES LLC TIF Payment Project Fund Senior housing 241268 259,635 BITUMINOUS ROADWAYS INC Other Contracted Services Capital Maint.&Reinvestment Miller Park Parking Lot proj 241419 234,828 HEALTHPARTNERS Accounts Receivable Health and Benefits Monthly premiums-Oct 2015 5531 228,872 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits PR Preriod ending 09-04-15 5546 224,913 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits PR Preriod ending 09-18-15 5549 153,603 PUBLIC EMPLOYEES RETIREMENT ASSOCIA PERA Health and Benefits PR period ending 09-04-15 5534 151,985 PUBLIC EMPLOYEES RETIREMENT ASSOCIA PERA Health and Benefits PR period ending 08-21-15 5538 138,333 MINNESOTA DEPT OF REVENUE Sales Tax Payable Water Enterprise Fund Aug 2015 Sales Tax 1012113 119,949 XCEL ENERGY Electric Public Safety Communications Multiple premises-Gas 241425 98,389 HENNEPIN COUNTY TREASURER Licenses&Taxes City Hall-Direct Costs 1012007 89,089 MINNESOTA ROADWAYS CO Other Contracted Services Capital Maint.&Reinvestment 5535 73,403 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSO Fire Relief Pension Payment Fire 241311 71,344 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 1012025 66,714 XCEL ENERGY Electric Street Lighting 241351 59,450 TWIN CITIES&WESTERN RAILROAD COMP)Other Contracted Services Street Maintenance 241302 57,960 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 5550 55,609 US BANK Other Revenue Police 1012088 45,231 GREGERSON ROSOW JOHNSON&NILAN LTI Legal Rehab 1012103 42,764 RESTORATION SYSTEMS INC Other Contracted Services Facilities Capital 1012114 42,216 ZIEGLER INC Equipment Repair&Maint Public Works 241204 40,536 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 241441 30,852 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions City Council 241436 30,763 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 241493 29,422 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating 241314 29,256 MINNESOTA DEPT OF HEALTH Licenses,Permits,Taxes Water Testing 1012028 27,805 BAKER TILLY VIRCHOW KRAUSE LLP Software Maintenance IT Operating 241459 27,674 NELSON AUTO CENTER,INC Autos Police 1012093 27,134 LOGIS LOGIS Sewer Accounting 1012078 26,749 DIVERSE BUILDING MAINTENANCE Tenant 1 -Janitor Service Prairie Village Liquor Store 1011924 26,571 DIVERSE BUILDING MAINTENANCE Tenant 1 -Janitor Service Prairie Village Liquor Store 5533 24,533 EMPOWER Deferred Compensation Health and Benefits 5548 24,435 EMPOWER Deferred Compensation Health and Benefits 241348 23,147 TRUCK UTILITIES MFG CO Autos Park and Recreation 241482 23,034 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 241446 22,889 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 241249 21,165 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Den Road Liquor Store 241433 21,150 JARDIN SPANISH IMMERSION ACADEMY Deposits Escrow 241416 20,156 GRAYMONT Treatment Chemicals Water Treatment Plant 241362 19,975 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Den Road Liquor Store 241188 19,427 FINLEY BROS INC Operating Supplies Capital Maint.&Reinvestment 1012018 18,996 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 241164 18,890 ALL ENERGY SOLAR INC Other Contracted Services Facilities Capital 241235 18,597 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Den Road Liquor Store 241502 18,380 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store 241340 18,160 SOUTH METRO PUBLIC SAFETY TRAINING F Other Contracted Services Public Safety Training Facilit 1012045 17,519 INTEREUM INC Building Aquatics&Fitness Expansion 241366 17,356 ABM ONSITE SERVICES-MIDWEST Cleaning Supplies City Hall-CAM 1011945 16,762 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 241361 16,402 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store 241210 16,393 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 241370 16,090 AMERICAN ENGINEERING TESTING INC Testing-Soil Boring Shady Oak Rd-CR 61 South 5541 15,065 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 1012036 14,733 DAY DISTRIBUTING Liquor Product Received Prairie View Liquor Store 5529 14,037 LIFE INSURANCE COMPANY OF NORTH AMI Life Insurance EE/ER Health and Benefits 5532 14,003 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 5547 13,971 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 5544 13,924 LIFE INSURANCE COMPANY OF NORTH AMI Life Insurance EE/ER Health and Benefits 241503 13,812 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 241470 13,397 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 241341 13,030 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 241250 12,931 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Den Road Liquor Store 5540 12,831 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 241435 12,465 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 241194 12,187 GRAYMONT Treatment Chemicals Water Treatment Plant 1012106 11,818 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 1012105 11,758 STREICHERS Training Supplies Police 241418 11,164 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water Treatment Plant 1011931 11,058 HAWKINS INC Treatment Chemicals Water Treatment Plant 241172 10,584 BRAAS CO Other Assets Public Safety Communications 241330 10,520 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1011923 10,290 DAKOTA SUPPLY GROUP INC Small Tools Water Metering 1011895 9,712 DAY DISTRIBUTING Liquor Product Received Den Road Liquor Store 5536 9,617 GENESIS EMPLOYEE BENEFITS,INC HSA-Employer Health and Benefits 241301 9,545 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 241428 9,384 HYDRO KLEAN Repair&Maint.Supplies Storm Drainage 241466 9,348 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1012006 9,095 MINNESOTA DIRT WORKS INC Improvements to Land Park Acquisition&Development 241178 8,893 COUNTY MATERIALS CORPORATION Repair&Maint.Supplies Storm Drainage 5525 8,851 GENESIS EMPLOYEE BENEFITS,INC HSA-Employer Health and Benefits 241226 8,562 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 241397 8,505 COMMERCIAL ASPHALT CO Repair&Maint.Supplies Street Maintenance 241292 8,374 GRAYMONT Treatment Chemicals Water Treatment Plant 1011997 8,170 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 241323 8,069 NORTHSTAR MUDJACKING&MORE LLC Asphalt Overlay Street Maintenance 241203 8,026 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 241354 7,656 VR BUILDERS Other Contracted Services Rehab 1011918 7,620 BIFFS INC Waste Disposal Park Maintenance 241457 7,446 NAC Contract Svcs-Plumbing City Center Operations 241220 7,320 NOZZLE FORWARD LLC Conference/Training Fire 1011893 7,272 BRAUN INTERTEC CORPORATION Testing-Soil Boring CIP Pavement Management 241327 6,805 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr Check# Amount Supplier/Explanation Account Description Business Unit Comments 241231 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 241238 6,200 SPRINGSTED INCORPORATED Other Contracted Services GO Perm Impr Ref Bonds 2011D 1012015 6,074 RELIAKOR SERVICES INC Sweeping Street Maintenance 241306 6,027 LANO EQUIPMENT INC Equipment Parts Storm Drainage 5527 6,010 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 241228 6,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 1011961 5,953 DAY DISTRIBUTING Liquor Product Received Den Road Liquor Store 1012112 5,811 WM MUELLER AND SONS INC Gravel Sewer System Maintenance 1012073 5,635 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 241420 5,570 HEALTHPARTNERS Health&Fitness Fire 241181 5,508 DOSSIER SYSTEMS,INC Software IT Operating 1011993 5,272 ASPEN EQUIPMENT CO. Autos Park and Recreation 241497 5,005 VERIZON WIRELESS Other Contracted Services IT Operating 241501 4,922 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 241180 4,640 DONS SOD SERVICE Landscape Materials/Supp Trail Construction 241374 4,571 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1011916 4,515 ASPEN EQUIPMENT CO. Autos Water Distribution 241465 4,479 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 241447 4,398 MARCO INC Other Contracted Services IT Telephone 241431 4,389 INSITUFORM TECHNOLOGIES USA,INC Improvement Contracts Storm Drainage 241454 4,375 MN CIT OFFICERS ASSOCIATION Tuition Reimbursement/School Police 1012013 4,350 PARROTT CONTRACTING INC Improvement Contracts Storm Drainage 1012072 4,176 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 1011992 4,144 A-SCAPE INC Other Contracted Services Fire Station#2 241197 4,000 HERZOG,JONATHAN Refunds Storm Drainage 241298 3,963 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 241461 3,918 NORTHMARQ REAL ESTATE SERVICES LLC Other Contracted Services CIP-Leasing Costs 1012046 3,863 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Storm Drainage 241480 3,850 SHOWCASE RENOVATIONS,INC Other Contracted Services Riley Lake 241483 3,821 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 241175 3,792 CENTURYLINK Telephone IT Telephone 1012074 3,750 BMC SOFTWARE INC Conference/Training IT Operating 1012089 3,684 HAWKINS INC Treatment Chemicals Water Treatment Plant 1012085 3,683 GENUINE PARTS COMPANY Reimbursement Fleet Operating 241460 3,664 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 241429 3,630 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 241289 3,620 FIRE SAFETY USA INC Clothing&Uniforms Fire 1011912 3,614 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 241328 3,603 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 241213 3,533 MHSRC/RANGE Tuition Reimbursement/School Police 1012100 3,488 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 241177 3,433 COMMERCIAL ASPHALT CO Repair&Maint.Supplies Street Maintenance 241173 3,391 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 1011971 3,321 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Street Maintenance 241224 3,311 OSTER,LISANNE Developer Fees Escrow 241290 3,303 GERTENS Building CmtyCtr Pool Upgrade/Expansion 241427 3,213 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 241257 3,129 ABM ONSITE SERVICES-MIDWEST Janitor Service Utility Operations-General 241317 3,115 MINNESOTA VALLEY ELECTRIC COOPERAT Electric Riley Lake 241295 3,070 HEALTHPARTNERS Health&Fitness Fire Check# Amount Supplier/Explanation Account Description Business Unit Comments 1012019 3,027 US HEALTH WORKS MEDICAL GRP MN,PC Health&Fitness Organizational Services 241333 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 241166 2,980 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 241254 2,955 MINNESOTA STATE FAIR Deposits Escrow 241421 2,867 HENNEPIN COUNTY ACCOUNTS RECEIVABI Board of Prisoner Police 1011899 2,830 GREENSIDE INC Contract Svcs-Lawn Maint. Fire Station#1 1012066 2,811 VAN PAPER COMPANY Cleaning Supplies Arts Center 241409 2,786 ELECTRICAL INSTALLATION&MAINTENAN Equipment Repair&Maint Sewer Liftstation 1011969 2,720 GUNNAR ELECTRIC CO INC Other Contracted Services Miller Park 1011926 2,705 ESS BROTHERS&SONS INC Repair&Maint.Supplies Storm Drainage 241225 2,696 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 241219 2,694 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Drainage 241260 2,680 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 241408 2,656 EATS Training Supplies Wine Club/Events 241278 2,630 COMCAST Other Contracted Services Facilities Capital 241360 2,615 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1012030 2,567 BRAUN INTERTEC CORPORATION Building Aquatics&Fitness Expansion 241380 2,522 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 1012024 2,513 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 241458 2,484 NCR CORPORATION Software Maintenance IT Operating 241494 2,475 UNDERGROUND PIERCING INC Building Aquatics&Fitness Expansion 1012022 2,470 WALL TRENDS INC Repair&Maint.Supplies Economic Development Fund 1012110 2,469 WESTWOOD PROFESSIONAL SERVICES INC Design&Engineering Improvement Projects 2006 241313 2,460 MIDWEST COCA COLA BOTTLING COMPAN)Merchandise for Resale Den Road Liquor Store 241281 2,431 COSTCO Operating Supplies Fire 241367 2,428 ADVANTAGE PROPERTY MAINTENANCE IN(Other Contracted Services Park Maintenance 241218 2,346 NAC Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 241198 2,345 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 241263 2,321 AVR INC Repair&Maint.Supplies Capital Maint.&Reinvestment 1012092 2,315 KIDCREATE STUDIO Instructor Service Arts Center 241170 2,292 BOLTON&MENK INC Design&Engineering Storm Drainage 1011942 2,274 SHERWIN WILLIAMS Equipment Repair&Maint Traffic Signals 1012111 2,245 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 1012075 2,240 BOYER TRUCKS Equipment Repair&Maint Fleet Operating 1011930 2,168 HANSEN THORP PELLINEN OLSON Other Contracted Services Storm Drainage 1012067 2,117 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 241288 2,096 EDUCATION AND TRAINING SERVICES Conference/Training Utility Operations-General 1011987 2,088 VINOCOPIA Liquor Product Received Den Road Liquor Store 1011973 2,084 MPX GROUP,THE Printing Senior Center Admin 1012101 2,073 POMP'S TIRE SERVICE INC Tires Fleet Operating 241273 2,062 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 241402 1,980 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 241437 1,962 KEEPERS Clothing&Uniforms Fire 1011938 1,956 METRO ELEVATOR INC Contract Svcs-Elevator Public Works/Parks 241444 1,952 LUBE-TECH ESI Capital Under$25,000 Fleet Operating 241190 1,950 FIRENET SYSTEMS INC Building Repair&Maint. Water Treatment Plant 241199 1,939 HOPKINS SCHOOL DISTRICT ISD270 Fiber Lease Payments IT Operating 1011925 1,925 EMERGENCY APPARATUS MAINTENANCE IT Equipment Repair&Maint Fire 1011950 1,913 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 241217 1,912 MN DEPT OF TRANSPORTATION Testing-Soil Boring Shady Oak Road/CR 61 SOUTH Check# Amount Supplier/Explanation Account Description Business Unit Comments 1011905 1,890 R&R SPECIALTIES OF WISCONSIN INC Contract Svcs-Ice Rink Ice Arena Maintenance 241467 1,888 PINE PRODUCTS INC Building Aquatics&Fitness Expansion 241415 1,855 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 241432 1,843 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 241386 1,827 CARVER COUNTY LICENSE CENTER Autos Police 5542 1,824 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 241252 1,821 MICHALES&BARBOSA Right of Way&Easement Shady Oak Road/CR 61 NORTH 1011917 1,778 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 241376 1,767 ASPEN MILLS Clothing&Uniforms Fire 241284 1,711 DSO ARCHITECTURE INC Other Contracted Services Pool Maintenance 1012076 1,676 CENTERPOINT ENERGY Gas Cummins Grill 241450 1,655 MIDWEST COCA COLA BOTTLING COMPAN)Merchandise for Resale Concessions 241377 1,613 AVR INC Building Materials Park Maintenance 1011913 1,586 VINOCOPIA Liquor Product Received Den Road Liquor Store 1011900 1,568 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Forest Hills Park 1012102 1,558 RELIAKOR SERVICES INC Seal Coating Street Maintenance 1011951 1,546 WM MUELLER AND SONS INC Gravel Sewer System Maintenance 1011933 1,540 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Wells 241207 1,534 LEIRNESS,ALAN P Right of Way&Easement Shady Oak Road/CR 61 NORTH 241191 1,525 FOSTER,JOHN D Right of Way&Easement Shady Oak Road/CR 61 NORTH 1012001 1,504 GRAINGER Equipment Parts Public Works/Parks 241368 1,456 AERO DRAPERY AND BLIND Other Contracted Services Facilities Capital 1011941 1,437 POMP'S TIRE SERVICE INC Tires Fleet Operating 241346 1,417 TEAM LABORATORY CHEMICAL CORPORAT Repair&Maint.Supplies Sewer Liftstation 241359 1,406 WARNING LITES Other Rentals Street Maintenance 1011948 1,377 VTI Other Contracted Services Facilities Capital 1011994 1,335 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1012052 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 1011906 1,314 SACKETT,MATTHEW Tuition Reimbursement/School Organizational Services 241342 1,291 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 241258 1,278 ACCELERATED TECHNOLOGIES LLC Operating Supplies Fitness Center 241223 1,227 OMEGA INDUSTRIES Operating Supplies Park Maintenance 1012021 1,222 VTI Equipment Repair&Maint Facilities Capital 241227 1,208 PLANET SPIRIT Instructor Service Camps 241350 1,193 TURFWERKS Equipment Parts Park Maintenance 1011919 1,172 BOYER TRUCKS Equipment Repair&Maint Fleet Operating 241375 1,164 ARVIG Fiber Lease Payments IT Operating 241413 1,160 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 241321 1,152 NAC Contract Svcs-HVAC City Hall-CAM 1011915 1,140 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 241484 1,116 SPOK,INC. Pager&Cell Phone IT Operating 1011903 1,095 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 241236 1,092 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 241187 1,091 FCX PERFORMANCE INC Equipment Parts Water Treatment Plant 1012043 1,078 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 241169 1,045 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 241312 1,021 MIDWEST AQUA CARE INC Other Contracted Services Riley Lake 1011939 1,020 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 241498 1,019 VESSCO INC Equipment Parts Water Treatment Plant 241248 989 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 241176 986 CENTURYLINK Telephone IT Operating 5539 970 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 241271 924 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 241212 910 MEDICINE LAKE TOURS Special Event Fees Trips 1012098 901 NUCO2 INC Supplies-Pool Pool Maintenance 241496 874 UNIVERSAL ATHLETIC SERVICES INC Awards Softball 241174 841 CEMSTONE PRODUCTS COMPANY Building Materials Storm Drainage 241308 839 LNK HOMES,INC Deposits Escrow 241364 830 PETTY CASH Mileage&Parking Prairie Village Liquor Store 1011953 820 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 241371 807 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 241451 800 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes Water Treatment Plant 241163 792 ALEX AIR APPARATUS INC Equipment Repair&Maint Emergency Preparedness 241189 790 FIRE SAFETY USA INC Protective Clothing Fire 1012090 785 INTERSTATE POWER SYSTEMS INC Maintenance Contracts Water Wells 241283 769 DISPLAY SALES Supplies-General Bldg Senior Center 1012047 765 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment Plant 241332 757 PLASTIC BAG MART Liquor Product Received Den Road Liquor Store 241285 752 E A SWEEN COMPANY Merchandise for Resale Concessions 1011999 745 EMERGENCY APPARATUS MAINTENANCE IT Equipment Repair&Maint Fire 241196 733 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Sewer System Maintenance 241185 726 EMERGENCY AUTOMOTIVE TECHNOLOGY I Autos Police 1012012 726 OENO'S DISTRIBUTION Liquor Product Received Den Road Liquor Store 241293 725 HAMLINE UNIVERSITY Tuition Reimbursement/School Water Treatment Plant 241378 725 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 241275 702 CINTAS CORPORATION Cleaning Supplies Utility Operations-General 241381 700 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Park Maintenance 1011907 696 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 1012033 689 CLAREY'S SAFETY EQUIPMENT Safety Supplies Emergency Preparedness 1012000 680 FASTSIGNS Printing Fall Harvest 1011927 680 FASTSIGNS Printing Theatre Initiative 241214 676 MIDWEST COCA COLA BOTTLING COMPAN)Merchandise for Resale Concessions 1012014 675 PREMIUM WATERS INC Operating Supplies Fire 241291 670 GLASS&MIRROR OUTLET INC Contract Svcs-General Bldg Fire Station#2 241184 664 EATS Operating Supplies Police 241347 640 TKO WINES,INC Liquor Product Received Prairie View Liquor Store 1011921 632 CONCRETE CUTTING&CORING INC Small Tools Traffic Signals 241242 630 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Softball 241264 626 BAKER Other Contracted Services Facilities Capital 241200 625 IDEA CREEK LLC,THE Operating Supplies Fire 1011991 616 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 241168 604 BAUHAUS BREW LABS,LLC Liquor Product Received Den Road Liquor Store 1012086 595 GOVDELIVERY Equipment Repair&Maint Cable PEG 241486 595 STAR Conference/Training Facilities Staff 1012069 594 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 241299 592 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 241193 591 GERTENS Landscape Materials/Supp CmtyCtr Pool Upgrade/Expansion 1012082 588 ENVIRONMENTAL PROCESS INC Other Contracted Services Facilities Capital 1011970 582 HIRSHFIELD'S Repair&Maint.Supplies Water System Maintenance 1011949 577 WATSON CO INC,THE Merchandise for Resale Concessions Check# Amount Supplier/Explanation Account Description Business Unit Comments 1012084 571 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 1011944 570 STREICHERS Clothing&Uniforms Police 241325 556 OPEN PLAN SYSTEMS Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 1011966 553 FENRICK,PATRICIA Travel Expense Community Development Admin. 241253 550 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 241422 550 HENNEPIN COUNTY ACCOUNTS RECEIVABI Software Maintenance IT Operating 1011922 547 DAIKIN APPLIED Contract Svcs-Electrical City Hall-CAM 1011959 544 CASE,RON Travel Expense City Council 241388 543 CENTURYLINK Wireless Subscription IT Telephone 1012063 543 THE OASIS GROUP Employee Assistance Organizational Services 1011955 539 BERRY COFFEE COMPANY Merchandise for Resale Concessions 241206 529 LANO EQUIPMENT INC Equipment Parts Fleet Operating 1012023 527 WATSON CO INC,THE Merchandise for Resale Concessions 1012094 520 MENARDS Safety Supplies Fleet Operating 241423 519 HENNEPIN COUNTY I/T DEPT Software Maintenance Public Safety Communications 241430 516 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1011989 512 WICKSTROM,SHERRY BUTCHER Travel Expense City Council 1012091 511 J&D WINDOW CLEANING Janitor Service-General Bldg Den Bldg.-CAM 241464 507 OXYGEN SERVICE COMPANY EMS Supplies Fire 241183 506 E A SWEEN COMPANY Merchandise for Resale Concessions 241202 504 JERRYS DO IT BEST Small Tools Street Maintenance 241463 500 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 241509 500 KEHOE,MIRA Other Contracted Services Staring Lake Concert 241411 495 EXECUTIVE OFFICE CONCEPTS,LTD Other Hardware IT Operating 1012095 491 METRO SALES INCORPORATED* Equipment Rentals IT Operating 241383 487 BRAAS CO Equipment Parts Fleet Operating 241356 484 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 1011978 482 R&R SPECIALTIES OF WISCONSIN INC Contract Svcs-Ice Rink Ice Arena Maintenance 241201 481 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 241338 475 SIGNSOURCE Office Supplies Community Center Admin 241167 475 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 1011920 472 CENTERPOINT ENERGY Gas Sewer Liftstation 241230 471 QUALITY REFRIGERATION Equipment Repair&Maint Concessions 241331 463 PINNACLE DISTRIBUTING Liquor Product Received Prairie View Liquor Store 1011946 461 TOWMASTER INC Equipment Parts Fleet Operating 241417 459 GS DIRECT Operating Supplies Engineering 1011943 458 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Communications 241448 456 MASTER SPRINKLER SYSTEMS Landscape Materials/Supp Storm Drainage 241373 450 ARCHITECT MECHANICAL,INC Contract Svcs-HVAC Ice Arena Maintenance 1012027 450 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Park Shelters 241345 447 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1012071 431 AMERITRAK Other Contracted Services Snow&Ice Control 241266 425 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 241403 416 DELEGARD TOOL CO Equipment Parts Fleet Operating 241389 415 CINTAS CORPORATION Cleaning Supplies Utility Operations-General 241205 412 KEEPERS Clothing&Uniforms Fire 241455 410 MN DEPT.OF LABOR AND INDUSTRY Licenses&Taxes Fire Station#3 1012039 409 FASTENAL COMPANY Equipment Parts Fleet Operating 241171 406 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 241237 405 SPORTS PRO LLC Equipment Repair&Maint Police Check# Amount Supplier/Explanation Account Description Business Unit Comments 1011960 405 CHEMSEARCH Supplies-HVAC City Hall-CAM 1011986 402 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 1011998 398 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 241469 394 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 1011965 390 FASTENAL COMPANY Repair&Maint.Supplies Riley Lake 241491 371 TWIN CITIES&WESTERN RAILROAD COMP)Licenses&Taxes Water Distribution 241382 371 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 1011974 362 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Center Operations 241211 361 MARCO INC Inside Equipment Repair&Main IT Operating 241335 361 PRAIRIE RESTORATIONS INC Other Contracted Services Crestwood Park 1012002 360 HANSEN THORP PELLINEN OLSON Other Contracted Services Capital Impr/Maint Fixed 1011968 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1012061 341 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 241244 339 VERIZON WIRELESS Telephone Park Maintenance 241304 338 JOHNSTONE SUPPLY Supplies-HVAC City Hall-CAM 241449 336 METRO DINING CLUB Deposits Escrow 241208 336 LIFE SUPPORT INNOVATIONS Office Supplies Customer Service 241326 330 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 241481 330 SNAP-ON TOOLS Small Tools Fleet Operating 1011957 329 BOUNDLESS NETWORK Operating Supplies Red Hat 241369 326 AIM ELECTRONICS Hardware Maintenance IT Operating 1012010 323 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 1012080 322 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASS&Union Dues Withheld Health and Benefits 241434 322 JERED'S LAWN CARE INC Other Contracted Services Rehab 241286 311 EARL F ANDERSEN INC Signs Park Maintenance 1012087 310 GRAINGER Equipment Parts Fitness/Conference-Cmty Ctr 241445 300 MANOR HOMES OF CINNAMON RIDGE Refunds Storm Drainage 1012004 298 KUSTOM SIGNALS INC Equipment Repair&Maint Police 1012096 296 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 241221 294 OFFICE OF MN IT SERVICES Other Contracted Services Police 5530 293 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 241384 291 BRO-TEX INC Operating Supplies Fleet Operating 1011990 290 WSB&ASSOCIATES INC Design&Engineering Planning&Development 1011995 288 CDW GOVERNMENT INC. Other Hardware IT Operating 241269 286 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Round Lake 241255 285 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 241319 285 MRPA Conference/Training Senior Center Admin 241379 285 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie Village Liquor Store 1011914 282 A TO Z RENTAL CENTER Operating Supplies Fire 5545 280 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 241391 278 COMCAST Wireless Subscription IT Operating 1011894 269 BURR,JAMES Protective Clothing Fire 241182 268 DSS COMMERCIAL INC Cash Over/Short General Fund 1012109 265 WALL TRENDS INC Contract Svcs-Gen.Bldg City Center Operations 241343 263 STAPLES ADVANTAGE Office Supplies Fire 241310 260 MCELLIGOTT ADVERTISING INC Miscellaneous Police 241251 260 Z WINES USA LLC Liquor Product Received Prairie View Liquor Store 241216 259 MINNESOTA VALLEY ELECTRIC COOPERAT Electric Traffic Signals 1011891 259 BERRY COFFEE COMPANY Merchandise for Resale Concessions 241442 250 LES MILLS UNITED STATES TRADING INC Licenses,Permits,Taxes,Fees Fitness Classes Check# Amount Supplier/Explanation Account Description Business Unit Comments 241512 250 RODENZ,SANDRA K Other Contracted Services Theatre Initiative 241274 248 CENTURYLINK Telephone E-911 Program 241358 248 WAND CORPORATION Reimbursement Escrow 1012065 247 TYRA-LUKENS,NANCY Mileage&Parking City Council 241352 245 UNIVERSITY OF MINNESOTA Conference/Training Storm Drainage 1011996 241 CONTINENTAL RESEARCH CORPORATION Repair&Maint.Supplies Facilities Staff 241471 238 PROP United Way Withheld Health and Benefits 241489 237 TRANSPORT GRAPHICS Protective Clothing Fire 1011977 236 QUALITY PROPANE Equipment Parts Ice Arena Maintenance 241229 234 PRAHA DISTRIBUTING Liquor Product Received Den Road Liquor Store 1012058 231 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 241287 224 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Administration 241165 222 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 241186 221 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 241395 219 COMCAST Cable TV Fire 241398 218 COMMUNITY HEALTH CHARITIES OF MINNI United Way Withheld Health and Benefits 241280 218 CONSTRUCTION MATERIALS INC Asphalt Overlay Street Maintenance 1012064 217 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Fire Station#4 1011982 216 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 1012005 213 MENARDS Repair&Maint.Supplies Fleet Operating 241406 210 E A SWEEN COMPANY Merchandise for Resale Concessions 241240 207 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 241385 207 CAMPBELL KNUTSON,P.A. Legal WAFTA 241246 204 VIKING TITLE,LLC AR Utility Water Enterprise Fund 1011908 204 SHRED-IT USA MINNEAPOLIS Waste Disposal Community Center Admin 241488 200 SUBURBAN UTILITIES SUPERINTENDENTS A Conference/Training Utility Operations-General 241297 198 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 1012038 197 DUSEK,JOE Mileage&Parking Water Treatment Plant 241162 195 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 241233 193 SAPSUCKER FARMS LLC Liquor Product Received Den Road Liquor Store 241259 193 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 241279 192 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service 1012009 183 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1011958 181 CARLSTON,BRANDON Clothing&Uniforms Police 1012034 181 CREAMER,LORI Mileage&Parking Heritage Preservation 241161 180 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 241401 177 CUB FOODS EDEN PRAIRIE Operating Supplies Police 1012016 171 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 241277 170 COBORNS Merchandise for Resale Concessions 1011892 170 BOUNDLESS NETWORK Operating Supplies Special Events(CC) 241192 165 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 241247 164 WEBBER RECREATIONAL DESIGN INC Equipment Repair&Maint Park Maintenance 1011909 164 SINELL,STEVE Travel Expense Assessing 1011984 162 STONEBROOKE Equipment Parts Fleet Operating 5543 159 OPTUM HEALTH Other Contracted Services Health and Benefits 1011934 156 KIDCREATE STUDIO Instructor Service Arts Center 1012008 156 MOTOROLA Equipment Repair&Maint Public Safety Communications 241394 154 COMCAST Cable TV Fire 1012081 154 EMERGENCY APPARATUS MAINTENANCE It Equipment Repair&Maint Fire 241393 151 COMCAST Cable TV Fire Check# Amount Supplier/Explanation Account Description Business Unit Comments 1012048 151 KAPAUN,RYAN Travel Expense Police 241357 150 WALTO,SANDI Deposits-P&R Refunds Community Center Admin 241410 150 EVENT SOUND&LIGHTING Other Rentals Summer Theatre 241438 150 KLEINSCHMIT,ANDREA Refunds Environmental Education 241468 150 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1012020 150 USA SECURITY Maintenance Contracts Water Treatment Plant 1012108 150 USA SECURITY Maintenance Contracts Water Treatment Plant 241267 144 BAUHAUS BREW LABS,LLC Liquor Product Received Den Road Liquor Store 241195 144 GREEN MILL PLYMOUTH Special Event Fees Red Hat 1011929 144 GRAINGER Safety Supplies Park Maintenance 241353 143 VOLUNTEER FIREFIGHTERS BENEFIT ASSN I Dues&Subscriptions Fire 1012077 140 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 1011910 138 SULLIVAN,ANDREW J Travel Expense Utility Operations-General 1011962 136 DUPONT,BRENT Operating Supplies Police 241318 135 MOORE,KIRSTEN Deposits-P&R Refunds Community Center Admin 241336 135 RAMAMOORTH,SENTHILKUMAR Refunds Environmental Education 1012011 133 NUCO2 INC Supplies-Pool Pool Maintenance 241462 132 OTTO CATHY Deposits-P&R Refunds Community Center Admin 241334 132 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 1011936 131 LOGIS Network Support IT Operating 241276 130 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 1011902 130 MCMONIGAL,CAROLE Conference/Training Fitness Classes 1012035 125 DAILEY DATA&ASSOCIATES Hardware Maintenance IT Operating 241294 121 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Outdoor Center Facilities 241324 120 OFFICE OF THE SECRETARY OF STATE Licenses&Taxes Police 1012017 118 STREICHERS Clothing&Uniforms Reserves 241490 114 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 1012097 114 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1012107 110 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 1012003 108 JEFFERSON FIRE&SAFETY INC Repair&Maint.Supplies Fire 241485 108 STAPLES ADVANTAGE Office Supplies Police 1012059 107 RUZEK,CHRISTINE Mileage&Parking City Clerk 241495 106 UNITED WAY United Way Withheld Health and Benefits 241508 105 HURSEY BRETT Other Contracted Services Theatre Initiative 241510 105 LINDSAY BARBARA Other Contracted Services Theatre Initiative 241511 105 MORAN,THOMAS M Other Contracted Services Theatre Initiative 1011963 105 EXTREME BEVERAGE Liquor Product Received Prairie View Liquor Store 241282 103 DIRECTV Cable TV Community Center Admin 241424 102 HENNEPIN COUNTY RESIDENT&REAL EST)Other Contracted Services Engineering 241234 100 SCHMITZ,JACOB Refunds Environmental Education 241265 100 BANDUR,CINDY Refunds Environmental Education 241307 100 LIZARDO,SHERRIE Refunds Environmental Education 241400 100 CRETEX SPECIALTY PRODUCTS Repair&Maint.Supplies Storm Drainage 241473 100 ROSTAD LEE Refunds Environmental Education 241478 100 SERWA KEVIN Refunds Environmental Education 241479 100 SHIN ERICSSON Refunds Environmental Education 241507 100 HOUTZ,STEPHEN J Other Contracted Services Theatre Initiative 1011988 100 WEIDENDORF,BROOKE Tuition Reimbursement/School Fitness Classes 1011904 99 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 240799 99 Diaz Andres Deposits General Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 240806 99 Horton Christine Deposits General Fund 241270 98 BOOM ISLAND BREWING COMPANY Liquor Product Received Den Road Liquor Store 241426 98 HIGHER DIMENSION MATERIALS NC Clothing&Uniforms Police 241453 98 MINNESOTA WANNER COMPANY Small Tools Park Maintenance 241241 97 TIMBER CREEK NORTH TOWNHOMES Deposits-P&R Refunds Community Center Admin 241365 96 440400-NCPERS MINNESOTA PERA Health and Benefits 1012115 95 CARLSON,EVAN Mileage&Parking Storm Drainage 5528 95 ELAVON Bank and Service Charges Finance 241355 94 WALLACE,JASON Deposits-P&R Refunds Community Center Admin 241405 93 DON'S RODENTS Operating Supplies Outdoor Center 1012056 91 PROSOURCE SUPPLY Repair&Maint-Ice Rink Ice Arena Maintenance 241363 91 Z WINES USA LLC Liquor Product Received Prairie Village Liquor Store 241209 87 LUBE-TECH ESI Equipment Parts Fleet Operating 1011975 87 PIKE,JESSICA Travel Expense Assessing 1011981 87 SAMS,JOHN Travel Expense Assessing 1011983 87 SINELL,STEVE Travel Expense Assessing 1012032 87 CARLSON,PAUL Travel Expense Engineering 1012049 87 KASZYNSKI,BETH Travel Expense Engineering 1011937 86 MENARDS Operating Supplies Sewer System Maintenance 240798 86 Dardick Kathryn Deposits General Fund 240812 86 OLSON,STEVEN Deposits General Fund 241215 85 MINNESOTA REAL ESTATE JOURNAL Dues&Subscriptions Economic Development 1012029 85 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1012040 85 FULLERTON,ALLISON Travel Expense Police 241261 83 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 1012057 83 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 241414 82 FRP Repair&Maint.Supplies Arts Center 1012026 82 SAGER,PAULINE Tuition Reimbursement/School Police 240807 82 JOHNSON,STACEY AND JUSTIN Deposits General Fund 241272 82 BUSWELL,DAVE Travel Expense Assessing 241349 81 TRUE FABRICATIONS Liquor Product Received Prairie Village Liquor Store 241316 81 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 241477 80 SCHMIEG KEVIN Dues&Subscriptions Inspections-Administration 1012055 80 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 1012062 79 STOVRING,LESLIE Mileage&Parking Storm Drainage 241474 78 ROXY NOWICKI,MUNICI-PALS TREASURER Deposits Organizational Services 1011940 78 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1012042 77 GOLDENSTEIN,JAMES Mileage&Parking IT Operating 1011928 76 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM 1011896 75 ELLIS,ROBERT Mileage&Parking Engineering 241504 75 DURKEE,DAVID Other Contracted Services Theatre Initiative 241505 75 ERICKSON,GIZELLE Other Contracted Services Theatre Initiative 241506 75 FOERSTER,KERRY D Other Contracted Services Theatre Initiative 241513 75 SCHULKE,REED Other Contracted Services Theatre Initiative 241514 75 VERLEY,TARYN Other Contracted Services Theatre Initiative 1012053 75 MCCALLEY,JAMIE Tuition Reimbursement/School Fitness Classes 1012054 75 MCMONIGAL,CAROLE Tuition Reimbursement/School Fitness Classes 1011985 75 TITAN ENERGY SYSTEMS Supplies-Fire/Life/Safety Fitness/Conference-Cmty Ctr 241407 74 EARL F ANDERSEN INC Signs Traffic Signs 1011901 74 KLIMA,JULIE Travel Expense Planning Check# Amount Supplier/Explanation Account Description Business Unit Comments 1011972 74 MCARTHUR,JANET JEREMIAH Travel Expense Community Development Admin. 240788 72 Agner Annette Deposits General Fund 240801 72 Dover Julie A Deposits General Fund 240814 72 Pendurkar Milind Deposits General Fund 240819 72 Sossaman Fred E Deposits General Fund 240824 72 Wiese Kimberly K Deposits General Fund 241309 72 LUECKE,MISTY Deposits-P&R Refunds Community Center Admin 1011898 71 FASTENAL COMPANY Repair&Maint.Supplies Sewer Liftstation 1011947 65 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 5526 61 OPTUM HEALTH Other Contracted Services Health and Benefits 1011976 60 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 1012079 59 DMX MUSIC Equipment Repair&Maint Prairie Village Liquor Store 241300 59 J&R COMPLETE AUTO&RADIATOR Contract Svcs-Ice Rink Ice Arena Maintenance 1011979 58 RUNNING,DEAN Mileage&Parking Special Events(CC) 241440 55 LARSON ALTHEA Deferred Revenue General Fund 241262 55 AVIAN ACRES Operating Supplies Outdoor Center 240805 55 Holt Robert Deposits General Fund 1011932 52 HORIZON COMMERCIAL POOL SUPPLY Operating Supplies Round Lake 1012104 51 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 241232 50 ROSEMOUNT SAW&TOOL CO Equipment Repair&Maint Fleet Operating 240808 49 Landsteiner Linda M Deposits General Fund 241239 49 STAPLES ADVANTAGE Office Supplies Customer Service 241179 48 COUSINS,LAUNIE Deposits-P&R Refunds Community Center Admin 241387 48 CASTILLO STEPHANIE Deposits-P&R Refunds Community Center Admin 1011897 48 EXTREME BEVERAGE Liquor Product Received Den Road Liquor Store 1011956 47 BOLD,PAULINE Operating Supplies Outdoor Center 241372 47 ANONDSON,SAWYER Deposits-P&R Refunds Community Center Admin 1012044 45 HIGGINS,RYAN Mileage&Parking IT Operating 241322 45 NATARAJAN,MENAKA Deposits-P&R Refunds Community Center Admin 241339 45 SOMERS,TIM Deposits-P&R Refunds Community Center Admin 241499 44 WAYTEK INC Equipment Parts Water Treatment Plant 241329 43 PETSMART Canine Supplies Police 241305 43 KOCHER,SUSAN Operating Supplies Outdoor Center 241487 42 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 240791 41 Beniak Brian D Deposits General Fund 240793 41 Boomgaarden Sharma S Deposits General Fund 240794 41 Bradley Sarah M Deposits General Fund 240795 41 Carlson Virginia Deposits General Fund 240797 41 Cross Cindy J Deposits General Fund 240800 41 Dockery Laura Deposits General Fund 240802 41 Fusaro Jennifer Deposits General Fund 240803 41 Gorski Sarah L Deposits General Fund 240804 41 Haley Brooke M Deposits General Fund 240809 41 Namata Resty Deposits General Fund 240811 41 Nguyen Vy T Deposits General Fund 240813 41 Palmer Kathleen A Deposits General Fund 240815 41 Porter Jesselynn Deposits General Fund 240816 41 ROGERS,LISA Deposits General Fund 240817 41 Rothschiller Lauren E Deposits General Fund 240818 41 Schewe Michelle Deposits General Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 240820 41 Stokfisz Michael R Deposits General Fund 240822 41 Vlasaty Jennifer Deposits General Fund 240823 41 Weinberger Nancy Deposits General Fund 240825 41 Yahna Heather J Deposits General Fund 1012060 40 SAMS,JOHN Mileage&Parking Assessing 240896 40 Eul Chelsey Deposits Community Center Admin 241000 40 Marold Robert L Deposits Community Center Admin 241033 40 Olson Patricia D Deposits Community Center Admin 241066 40 Riggs Kristy Deposits Community Center Admin 1012041 40 GOERGEN,MARIE Tuition Reimbursement/School Fitness Classes 1012051 40 LINDAHL,DAVID Mileage&Parking Economic Development 1012070 39 YOUNG,JOSEPH Operating Supplies Fire 1012050 37 LARSON,MATHEW Mileage&Parking IT Operating 241320 36 MUNKVOID,CALVIN D Deposits-P&R Refunds Community Center Admin 1011935 36 LANDS END CORPORATE SALES Clothing&Uniforms Police 241399 35 CONTECH ENGINEERED SOLUTIONS LLC Repair&Maint.Supplies Storm Drainage 240789 32 Anderson Joan C Deposits General Fund 240790 32 BECKER,MARY Deposits General Fund 240792 32 Blomberg Judtih Deposits General Fund 240796 32 CASE,RICHARD Deposits General Fund 240810 32 Nguyen Vinh Deposits General Fund 241303 32 JOHNSON,WILLIAM R Deposits-P&R Refunds Community Center Admin 240821 31 Thompson Christine Deposits General Fund 241476 31 Schmidt Janet M Deposits-P&R Refunds Community Center Admin 241296 30 HENNEPIN COUNTY ACCOUNTS RECEIVABI Board of Prisoner Police 1011954 30 BATTERIES PLUS Operating Supplies Park Maintenance 1012068 29 VOGEL,RACHELLE Mileage&Parking Teen Programs 241412 27 FIRE SAFETY USA INC Equipment Repair&Maint Fire 5537 25 MINNESOTA DEPT OF REVENUE Licenses&Taxes Fleet Operating 240882 25 Devitt Nancy M Deposits Community Center Admin 240945 25 Holt Edwin G Deposits Community Center Admin 240975 25 Krulik Jeffrey R Deposits Community Center Admin 241030 25 Nyren Amy E Deposits Community Center Admin 241109 25 Swanson Bruce L Deposits Community Center Admin 241390 25 CLEAN"N"PRESS Clothing&Uniforms Police 1011964 24 FAGNANT,SUSAN Operating Supplies Outdoor Center 241344 23 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 241315 23 MINNESOTA POLLUTION CONTROL AGENCS Licenses&Taxes Water Treatment Plant 1011967 23 FLEETPRIDE INC Equipment Parts Fleet Operating 240826 20 Ahmad Asma Deposits Community Center Admin 240827 20 Ahmed Farhan Deposits Community Center Admin 240828 20 Albrecht Greg P Deposits Community Center Admin 240829 20 Altmann Gina Deposits Community Center Admin 240830 20 Anderson Barbara J Deposits Community Center Admin 240831 20 Anderson Joan C Deposits Community Center Admin 240832 20 Anderson Linda K Deposits Community Center Admin 240833 20 Anderson Martha Deposits Community Center Admin 240834 20 Ansel Ione J Deposits Community Center Admin 240835 20 Astbury Adriana A Deposits Community Center Admin 240836 20 Barker Kyle J Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 240837 20 Bent Brian R Deposits Community Center Admin 240838 20 Bent Dana S Deposits Community Center Admin 240839 20 Berry Jack W Deposits Community Center Admin 240840 20 Berryman Sherril K Deposits Community Center Admin 240841 20 Berthold Maureen S Deposits Community Center Admin 240842 20 Bigley Deborah M Deposits Community Center Admin 240843 20 Bigley Ron L Deposits Community Center Admin 240844 20 Bilse Gerald Deposits Community Center Admin 240845 20 Bird Daniel Deposits Community Center Admin 240846 20 Blomster Holly Deposits Community Center Admin 240847 20 Boe Michelle Deposits Community Center Admin 240848 20 Boomgaarden Shanna S Deposits Community Center Admin 240849 20 Bootsma Jan R Deposits Community Center Admin 240850 20 Bootsma Robert H Deposits Community Center Admin 240851 20 Bordson-Nolle Paul A Deposits Community Center Admin 240852 20 Borgman Pam Deposits Community Center Admin 240853 20 Braaten Kristopher J Deposits Community Center Admin 240854 20 Bradley Sarah M Deposits Community Center Admin 240855 20 Brethorst Brittany R Deposits Community Center Admin 240856 20 Brogan Matthew S Deposits Community Center Admin 240857 20 Brogan Victoria T Deposits Community Center Admin 240858 20 Brown Arlene Deposits Community Center Admin 240859 20 Brown Paul J Deposits Community Center Admin 240860 20 Brown Thomas D Deposits Community Center Admin 240861 20 Bryan Emily P Deposits Community Center Admin 240862 20 Burton Bradley Deposits Community Center Admin 240863 20 Burton Heather Deposits Community Center Admin 240864 20 Carlson John C Deposits Community Center Admin 240865 20 Carlson June L Deposits Community Center Admin 240866 20 Carrane Whitney T Deposits Community Center Admin 240867 20 Carstens Michele Deposits Community Center Admin 240868 20 Casanova Diane F Deposits Community Center Admin 240869 20 Casanova Michael J Deposits Community Center Admin 240870 20 Case Richard L Deposits Community Center Admin 240871 20 Claus Robert Deposits Community Center Admin 240872 20 Conners Donna Deposits Community Center Admin 240873 20 Cregg Wendy Deposits Community Center Admin 240874 20 Croes Charles D Deposits Community Center Admin 240875 20 Croes Nancy J Deposits Community Center Admin 240876 20 Cross Cindy J Deposits Community Center Admin 240877 20 Curry Jennifer B Deposits Community Center Admin 240878 20 Dakay Alan Deposits Community Center Admin 240879 20 Davis William H Deposits Community Center Admin 240880 20 Dengel Donald R Deposits Community Center Admin 240881 20 Dengel Jana L Deposits Community Center Admin 240883 20 DiGiacomo Jacqueline D Deposits Community Center Admin 240884 20 Ding Jane Deposits Community Center Admin 240885 20 Dockery Laura Deposits Community Center Admin 240886 20 Dorsen Dinah Deposits Community Center Admin 240887 20 Dover Julie A Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 240888 20 Echeverria Maria A Deposits Community Center Admin 240889 20 Eidem Kris Deposits Community Center Admin 240890 20 Elieff Chryle Deposits Community Center Admin 240891 20 Enger Stacy L Deposits Community Center Admin 240892 20 Ericson Gail M Deposits Community Center Admin 240893 20 Ericson Kenneth J Deposits Community Center Admin 240894 20 Ertman Lori K Deposits Community Center Admin 240895 20 Eul Chad Deposits Community Center Admin 240897 20 Evans Elizabeth A Deposits Community Center Admin 240898 20 Faber Michaela R Deposits Community Center Admin 240899 20 Fagerstrom Francis D Deposits Community Center Admin 240900 20 Fagerstrom Marcia B Deposits Community Center Admin 240901 20 Finelli Sheryl J Deposits Community Center Admin 240902 20 Firdaus Shadabi Deposits Community Center Admin 240903 20 Fisher Scott Deposits Community Center Admin 240904 20 Focken Randy S Deposits Community Center Admin 240905 20 Foote Christopher Deposits Community Center Admin 240906 20 Forsberg Janice M Deposits Community Center Admin 240907 20 Frances Cathy J Deposits Community Center Admin 240908 20 Franzen Roxanne Deposits Community Center Admin 240909 20 Frisch Benjamin Deposits Community Center Admin 240910 20 Gabbert Barbara L Deposits Community Center Admin 240911 20 Gaebel Cheryl Deposits Community Center Admin 240912 20 Gailloux Mark J Deposits Community Center Admin 240913 20 Gasner Daniel J Deposits Community Center Admin 240914 20 Gasner Kris A Deposits Community Center Admin 240915 20 Gavin Mark Deposits Community Center Admin 240916 20 Geis Kendall D Deposits Community Center Admin 240917 20 Geis Lisa M Deposits Community Center Admin 240918 20 Gilje Curtis P Deposits Community Center Admin 240919 20 Godiwalla Yazad Deposits Community Center Admin 240920 20 Goergen David M Deposits Community Center Admin 240921 20 Gooding Patricia Deposits Community Center Admin 240922 20 Gooding William Deposits Community Center Admin 240924 20 Goodwin Barbara Deposits Community Center Admin 240925 20 Goodwin Bruce Deposits Community Center Admin 240926 20 Gorski Sarah L Deposits Community Center Admin 240927 20 Grant Robert C Deposits Community Center Admin 240928 20 Gravelle Charlie E Deposits Community Center Admin 240929 20 Grundmayer Julie Deposits Community Center Admin 240930 20 Guo Jiawei Deposits Community Center Admin 240931 20 Guttman Joseph E Deposits Community Center Admin 240932 20 Hagglund Kelly Deposits Community Center Admin 240933 20 Handahl Lukas H Deposits Community Center Admin 240934 20 Heaton Ryan K Deposits Community Center Admin 240935 20 Heggestad Darlene A Deposits Community Center Admin 240936 20 Heim Nancy J Deposits Community Center Admin 240937 20 Herzog Jonathan J Deposits Community Center Admin 240938 20 Hiller Pamela S Deposits Community Center Admin 240939 20 Hiller Wray Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 240940 20 Hipps Carol T Deposits Community Center Admin 240941 20 Hipps Merrimon T Deposits Community Center Admin 240942 20 Ho Wang Y Deposits Community Center Admin 240943 20 Hoffer Linda Deposits Community Center Admin 240944 20 Holden Charles S Deposits Community Center Admin 240946 20 Houck Thomas J Deposits Community Center Admin 240947 20 Hovey Nancy Deposits Community Center Admin 240948 20 Hubbard Rose L Deposits Community Center Admin 240949 20 Hupp Susan Deposits Community Center Admin 240950 20 Janning Nancy L Deposits Community Center Admin 240951 20 Jayasuriya Krishanthi K Deposits Community Center Admin 240952 20 Jayasuriya Lawrence Deposits Community Center Admin 240953 20 Jefferson Michael A Deposits Community Center Admin 240954 20 Jefferson Sheila K Deposits Community Center Admin 240955 20 Johnson Justin Deposits Community Center Admin 240956 20 Johnson Katie L Deposits Community Center Admin 240957 20 Johnson Mary A Deposits Community Center Admin 240958 20 Johnson Michael P Deposits Community Center Admin 240959 20 Johnson Stacey L Deposits Community Center Admin 240960 20 Johnson William R Deposits Community Center Admin 240961 20 Jones Nicholas Deposits Community Center Admin 240962 20 Jorgenson Michelle H Deposits Community Center Admin 240963 20 Josephson Nancy L Deposits Community Center Admin 240964 20 Kauls Nichole L Deposits Community Center Admin 240965 20 Keesling Linda K Deposits Community Center Admin 240966 20 Klescewski Joseph E Deposits Community Center Admin 240967 20 Klescewski Marisa A Deposits Community Center Admin 240968 20 Knoll Patricia Deposits Community Center Admin 240969 20 Knoll Richard Deposits Community Center Admin 240970 20 Kortum Katie S Deposits Community Center Admin 240971 20 Kothari Sudha Deposits Community Center Admin 240972 20 Kothuri Pramod Deposits Community Center Admin 240973 20 Kotonias Kendra J Deposits Community Center Admin 240974 20 Krenik Karen D Deposits Community Center Admin 240976 20 Kruse Linda L Deposits Community Center Admin 240977 20 Kruse Timothy P Deposits Community Center Admin 240978 20 Lalonde Gail R Deposits Community Center Admin 240979 20 Landsteiner Linda M Deposits Community Center Admin 240980 20 Larsen Lloyd R Deposits Community Center Admin 240981 20 Larson Cindy W Deposits Community Center Admin 240982 20 Lasinker Edward M Deposits Community Center Admin 240983 20 Lauro Susanna E Deposits Community Center Admin 240984 20 Legand Paula J Deposits Community Center Admin 240985 20 Lejcher Brent M Deposits Community Center Admin 240986 20 Lesnau Jerry Deposits Community Center Admin 240987 20 Lesnau Mary E Deposits Community Center Admin 240988 20 Lind Debra E Deposits Community Center Admin 240989 20 Link Kathy R Deposits Community Center Admin 240990 20 Lonning Julianne M Deposits Community Center Admin 240991 20 Lonning Richard B Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 240992 20 Lux Paul A Deposits Community Center Admin 240993 20 Maalim Fukhrudin Deposits Community Center Admin 240994 20 Mackles Ginny Deposits Community Center Admin 240995 20 MacPhail Stephanie L Deposits Community Center Admin 240996 20 Manbeck Angela M Deposits Community Center Admin 240997 20 Mannes Crystal D Deposits Community Center Admin 240998 20 Marble Kimberly Deposits Community Center Admin 240999 20 Markovich Diane J Deposits Community Center Admin 241001 20 Marty Bridget M Deposits Community Center Admin 241002 20 McCanna Mary Deposits Community Center Admin 241003 20 McCarty Carla P Deposits Community Center Admin 241004 20 McDaniel Christina A Deposits Community Center Admin 241005 20 McGrail Thomas K Deposits Community Center Admin 241006 20 McGrath Michelle M Deposits Community Center Admin 241007 20 Mikkelson Ann Marie Deposits Community Center Admin 241008 20 Miller Maria L Deposits Community Center Admin 241009 20 Miller Timothy R Deposits Community Center Admin 241010 20 Moe Patricia A Deposits Community Center Admin 241011 20 Mohr Danielle A Deposits Community Center Admin 241012 20 Moodie David A Deposits Community Center Admin 241013 20 Munkvold Mary M Deposits Community Center Admin 241014 20 Murdo Monica B Deposits Community Center Admin 241015 20 Myers Marcy Deposits Community Center Admin 241016 20 Natal Stacy W Deposits Community Center Admin 241017 20 Natarajan Sriram Deposits Community Center Admin 241018 20 Nauman Thomas C Deposits Community Center Admin 241019 20 Navratil Bonita M Deposits Community Center Admin 241020 20 Nehl James M Deposits Community Center Admin 241021 20 Nelson Karen Deposits Community Center Admin 241022 20 Nemec Darla J Deposits Community Center Admin 241023 20 Nguyen Hoa Deposits Community Center Admin 241024 20 Nguyen Vy T Deposits Community Center Admin 241025 20 Nicholls Jane A Deposits Community Center Admin 241026 20 Nicholls Kenneth Deposits Community Center Admin 241027 20 Nickel Jane G Deposits Community Center Admin 241028 20 Noel Claudia Deposits Community Center Admin 241029 20 Noel Richard J Deposits Community Center Admin 241031 20 Oen Robert E Deposits Community Center Admin 241032 20 O'Leary Holly M Deposits Community Center Admin 241034 20 Ordorff Kelly Deposits Community Center Admin 241035 20 Orrock Judy Deposits Community Center Admin 241036 20 Osborne Diane Deposits Community Center Admin 241037 20 Pallansch Emily Deposits Community Center Admin 241038 20 Palmer Kathleen A Deposits Community Center Admin 241039 20 Palmisano Mary 0 Deposits Community Center Admin 241040 20 Paulsen Ann M Deposits Community Center Admin 241041 20 Paulsen Jeffrey L Deposits Community Center Admin 241055 20 Pena Carrie Deposits Community Center Admin 241056 20 Peters Calvin P Deposits Community Center Admin 241057 20 Peterson Harriet A Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 241058 20 Peterson John P Deposits Community Center Admin 241059 20 Peterson Margorie D Deposits Community Center Admin 241060 20 Poonawala Huzefa Deposits Community Center Admin 241061 20 Poonawala Shireen Deposits Community Center Admin 241062 20 Porta Charles L Deposits Community Center Admin 241063 20 Rao Mamatha Deposits Community Center Admin 241064 20 Reinhardt-Sondrall Linda Deposits Community Center Admin 241065 20 Riegert Desiree Deposits Community Center Admin 241067 20 Ringquist Anne L Deposits Community Center Admin 241068 20 Ringquist Johnathan J Deposits Community Center Admin 241069 20 Rislove Ross A Deposits Community Center Admin 241070 20 Robshaw Allison C Deposits Community Center Admin 241071 20 Roisman Glenn Deposits Community Center Admin 241072 20 Rosch George Deposits Community Center Admin 241073 20 Rostad John Deposits Community Center Admin 241074 20 Salihovic Resko Deposits Community Center Admin 241075 20 Santibanez Maria Deposits Community Center Admin 241076 20 Saunders Greg Deposits Community Center Admin 241077 20 Scaman Samantha E Deposits Community Center Admin 241078 20 Schaffer Marjorie A Deposits Community Center Admin 241079 20 Schleck Brent Deposits Community Center Admin 241080 20 Schlundt John Deposits Community Center Admin 241081 20 Schmidt Janet M Deposits Community Center Admin 241082 20 Schmidt Karen E Deposits Community Center Admin 241083 20 Schmidt Michael N Deposits Community Center Admin 241084 20 Schmidt Phillip A Deposits Community Center Admin 241085 20 Schmidt Rachel Deposits Community Center Admin 241086 20 Schumacher Lana Deposits Community Center Admin 241087 20 Schuster Allison H Deposits Community Center Admin 241088 20 Sexton Larra Deposits Community Center Admin 241089 20 Shah Vanita Deposits Community Center Admin 241090 20 Sheley Jeff W Deposits Community Center Admin 241091 20 Shi Tuo Deposits Community Center Admin 241092 20 Shonts Lynne B Deposits Community Center Admin 241093 20 Shrestha Rinku Deposits Community Center Admin 241094 20 Slaton Chandler Deposits Community Center Admin 241095 20 Soderberg Cathy Deposits Community Center Admin 241096 20 Soderberg Scott Deposits Community Center Admin 241097 20 Solem Nancy A Deposits Community Center Admin 241098 20 Solem Thomas A Deposits Community Center Admin 241099 20 Speck Christy A Deposits Community Center Admin 241100 20 Sprague Linda M Deposits Community Center Admin 241101 20 Stender Patricia C Deposits Community Center Admin 241102 20 Stender Scott F Deposits Community Center Admin 241103 20 Stevens Brian W Deposits Community Center Admin 241104 20 Stewart Charles C Deposits Community Center Admin 241105 20 Stokfisz Michael R Deposits Community Center Admin 241106 20 Straub Garret Deposits Community Center Admin 241107 20 Sutermeister Gracia F Deposits Community Center Admin 241108 20 Svendsen Juliana L Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 241110 20 Syverson Harlan A Deposits Community Center Admin 241111 20 Tang Benchamin Deposits Community Center Admin 241112 20 Taylor Angela Deposits Community Center Admin 241113 20 Thompson Anne E Deposits Community Center Admin 241114 20 Thompson Katie M Deposits Community Center Admin 241115 20 Tobias Judy G Deposits Community Center Admin 241116 20 Truax Carol J Deposits Community Center Admin 241117 20 Tsuchiya Cheral M Deposits Community Center Admin 241118 20 Tuck Julie R Deposits Community Center Admin 241119 20 Turk Douglas A Deposits Community Center Admin 241120 20 Udupa Alaya R Deposits Community Center Admin 241121 20 Udupa Padmini S Deposits Community Center Admin 241122 20 Uecker Blake M Deposits Community Center Admin 241123 20 Unke Crystal M Deposits Community Center Admin 241124 20 Unke Reid L Deposits Community Center Admin 241125 20 Urbanski Jennifer L Deposits Community Center Admin 241126 20 Urbanski John A Deposits Community Center Admin 241127 20 Vaala Evan Deposits Community Center Admin 241128 20 Vaala Kathryn J Deposits Community Center Admin 241129 20 VanLangendon Jeffrey R Deposits Community Center Admin 241130 20 Veldkamp Barbara K Deposits Community Center Admin 241131 20 Veldkamp Dean E Deposits Community Center Admin 241132 20 Veldkamp Lucas D Deposits Community Center Admin 241133 20 Vlasaty Jennifer Deposits Community Center Admin 241134 20 Vortherms Kelly Deposits Community Center Admin 241135 20 Walker Dan P Deposits Community Center Admin 241136 20 Walker Kirsten E Deposits Community Center Admin 241137 20 Wang Chuanfeng A Deposits Community Center Admin 241138 20 Waters-McCabe Terese Deposits Community Center Admin 241139 20 Weaver Susan M Deposits Community Center Admin 241140 20 Weber Frank J Deposits Community Center Admin 241141 20 Weber James Deposits Community Center Admin 241142 20 Weber Jeffrey W Deposits Community Center Admin 241143 20 Weber Julie Deposits Community Center Admin 241144 20 Weber Mark A Deposits Community Center Admin 241145 20 Weber Mary Jane Deposits Community Center Admin 241146 20 Weber Roma G Deposits Community Center Admin 241147 20 Wenzel Patricia Deposits Community Center Admin 241148 20 West Dale T Deposits Community Center Admin 241149 20 Wiese Kimberly K Deposits Community Center Admin 241150 20 Williams Kenneth A Deposits Community Center Admin 241152 20 Wilson Lori J Deposits Community Center Admin 241153 20 Woodard Dale Deposits Community Center Admin 241154 20 Wroblewski JoAnn Deposits Community Center Admin 241155 20 Yellamballa Pragnya Deposits Community Center Admin 241156 20 Young Brenda Deposits Community Center Admin 241157 20 Yuan Jianping Deposits Community Center Admin 241158 20 Zhuang Xuelin Deposits Community Center Admin 241159 20 Ziebol Colleen A Deposits Community Center Admin 241160 20 Zuppan Paul M Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 1011952 20 AJITAPRASAD,BEENA Deposits Community Center Admin 241439 19 KOCOUREK,JOAN Clothing&Uniforms Police 1011911 18 SWANK MOTION PICTURES NC Licenses,Permits,Taxes Staring Lake Concert 240923 15 Goodrich Elizabeth A Deposits Community Center Admin 241392 14 COMCAST Cable TV Fire 241456 12 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police 1012037 11 DEANE,KIMBERLEY Operating Supplies Fitness Classes 241222 10 OLSEN COMPANIES Operating Supplies Park Maintenance 241337 10 RUSTAD,NYRA Deposits-P&R Refunds Community Center Admin 241452 10 MINNESOTA VALLEY ELECTRIC COOPERAT Electric Riley Creek Woods 241245 10 VICK,KAYLE AR Utility Water Enterprise Fund 1012099 9 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 241492 6 TWIN CITIES FLAG SOURCE,INC Operating Supplies Pool Operations 241396 2 COMCAST Other Contracted Services Police 6,554,267 Grand Total City of Eden Prairie Purchasing Card Payment Report 10/05/15 Amount Explanation Vendor Account Description Business Unit -3,037 US-purchasing card rebate US BANK Other Revenue General Fund 20 US-supplies HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Sewer Liftstation 245 US-AWWA-Allmann MN AWWA Conference/Training Utility Operations-General 176 US-safety glasses FULL SOURCE LLC Safety Supplies Utility Operations-General 560 US-AWWA Zafft,Peters MN AWWA Conference/Training Utility Operations-General 6 US-ice auger fuel soccer ancho MENARDS Operating Supplies Park Maintenance 14 US-picnic tables MENARDS Operating Supplies Park Maintenance 23 US-supplies MENARDS Repair&Maint. Supplies Park Maintenance 115 US-soccer goal anchors MENARDS Operating Supplies Park Maintenance 28 US-insect control MENARDS Operating Supplies Park Maintenance 57 US-annual flowers MUSTARD SEED Landscape Materials/Supp Staring Lake 51 US-spray paing for hort stuff MENARDS Operating Supplies Park Maintenance 297 US-catch basin MILLS FLEET FARM Repair&Maint. Supplies Sewer System Maintenance 125 US-flashlight charger AMAZON.COM Equipment Parts Fleet Operating 28 US-flashlight charger AMAZON.COM Equipment Parts Fleet Operating 107 US-golf classic SPORTS WORLD USA INC Special Event Fees Senior Center Programs 13 US-woodshop supplies SEARS EDEN PRAIRIE Equipment Repair&Maint Senior Center Programs 15 US-woodshop parts EREPLACEMENTPARTS.COM Equipment Repair&Maint Senior Center Programs 1,406 US-golf classic DAHLGREEN GOLF CLUB Special Event Fees Senior Center Programs 619 US-golf classic meal TRADITIONS OLD&NEW Special Event Fees Senior Center Programs 231 US-green acres tour meal CRUMB GOURMET DELI Special Event Fees Trips 225 US-tickets PLYMOUTH PLAYHOUSE Special Event Fees Trips 12 US-supplies WALGREEN'S#5080 Operating Supplies Senior Center Admin 2,300 US-employee picnic ANNIE'S CAFE Other Contracted Services Internal Events 15 US-drivers safety KOWALSKI'S MARKET Operating Supplies Senior Center Programs 4 US-book AMAZON.COM Training Supplies Utility Operations-General 302 US-tools/supplies GRAINGER Cleaning Supplies Sewer System Maintenance 96 US-strength fmder books AMAZON.COM Training Supplies Utility Operations-General 43 US-cleaning supplies MENARDS Cleaning Supplies Water Treatment Plant 3 US-tee key SPS COMPANIES Repair&Maint. Supplies Water Treatment Plant 19 US-cooler MENARDS Repair&Maint. Supplies Water Treatment Plant 16 US-cleaning supplies MENARDS Cleaning Supplies Water Treatment Plant 37 US-misc tools MENARDS Operating Supplies Park Maintenance 68 US-boundary inspection supplie FORESTRY SUPPLIERS INC. Operating Supplies Park Maintenance 41 US-taxi in atlanta TAXI Conference/Training Fire 25 US-iwomen conf DELTA AIR Conference/Training Fire 27 US-K Cox CC reimb MARRIOTT HOTELS Deposits Escrow 37 US-taxi in atlanta TAXI Conference/Training Fire 25 US-iwomen conf DELTA AIR Conference/Training Fire 858 US-iwomen conf HILTON HOTELS Conference/Training Fire 128 US-k cox flowers-Jensen BACHMANS CREDIT DEPT Deposits Escrow 5 US-kids camp supplies DOLLAR TREE STORES,INC. Operating Supplies Arts Center Amount Explanation Vendor Account Description Business Unit 63 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 92 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 96 US-supplies-café AC NELSEN RV WORLD Operating Supplies Concessions 155 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 133 US-operating-café HOCKENBERGS Operating Supplies Concessions 83 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 96 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions -16 US-return CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 20 US-license DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Water Treatment Plant 23 US-fred pryor trng TGI FRIDAYS Travel Expense Water Treatment Plant 99 US-special event operations BAUDVILLE Operating Supplies Pool Special Events 160 US-training supplies TARGET Training Supplies Pool Operations 81 US-safety supplies RECREONICS Safety Supplies Pool Operations -150 US-refund SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes 249 US-training DAVANNI'S PIZZA Training Supplies Pool Operations 80 US-conf Minton HAMLINE UNIVERSITY Conference/Training Athletic Programs Admin 80 US-eide conf HAMLINE UNIVERSITY Conference/Training Community Center Admin 80 US-conf weedman HAMLINE UNIVERSITY Conference/Training Athletic Programs Admin 53 US-riley supplies WALGREEN'S#5080 Operating Supplies Riley Lake Beach 10 US-riley supplies WALGREEN'S#5080 Operating Supplies Riley Lake Beach 250 US-conf-esbensen MINNESOTA STATE FIRE CHIEFS A Conference/Training Fire 625 US-iafc IAFCI Conference/Training Fire 650 US-training PUBLIC SAFETY CENTER INC Conference/Training Fire 3 Usparking STANDARD PARKING Operating Supplies Fire 6 US-note pads OFFICE DEPOT CREDIT PLAN Repair&Maint. Supplies Utility Operations-General 2,995 US-sql trng-troy ONLC TRAINING CENTERS Conference/Training IT Operating -90 US-refund ADOBE SYSTEMS Software IT Operating 4 US-software MICROSOFT CORPORATE Equipment Repair&Maint IT Operating 282 US-icma conf flight DELTA AIR Travel Expense Administration 5,315 US-city performance measuremen ICMA Miscellaneous Administration 4 US-supplies MY CABLE MART Miscellaneous IT Operating 644 US-travel expense DELTA AIR Conference/Training IT Operating 477 US-travel expense EXPEDIA Conference/Training IT Operating 110 US-parking MSP AIRPORT PARKING Conference/Training IT Operating 374 US-audio recording accessory APPLE.COM Operating Supplies Police 4,198 US-softeare renewal CELLEBRITE USA CORP Equipment Repair&Maint IT Operating 3 US-USB-cell phone forensic MY CABLE MART Computers IT Operating -12 US-merchandise return-fountain MENARDS Repair&Maint.Supplies Purgatory Creek Park 19 US-purgatory lake fountain MENARDS Repair&Maint.Supplies Purgatory Creek Park 31 US-purgatory lake fountain MENARDS Repair&Maint. Supplies Purgatory Creek Park 14 US-baseline irr-shipping charg FEDEX Repair&Maint. Supplies Capital Outlay Parks 327 US-red horse shed MENARDS Building Materials Park Maintenance 588 US-red horse shed MENARDS Building Materials Park Maintenance 40 US-wasp spray MENARDS Operating Supplies Park Maintenance 33 US-wasp spray MENARDS Operating Supplies Park Maintenance 200 US-affiliation fee ULI Dues&Subscriptions Community Development Admin. Amount Explanation Vendor Account Description Business Unit -150 US-refund SCW FITNESS Tuition Reimbursement/School Fitness Classes 780 US-equipment WAYFAIR Training Supplies Fitness Classes 456 US-workout equip GOPHER PERFORMANCE Training Supplies Fitness Classes 16 US-supplies DOLLAR TREE STORES,INC. Training Supplies Fitness Classes 13 US-supplies DOLLAR TREE STORES,INC. Training Supplies Fitness Classes 60 US-supplies AMAZON.COM Operating Supplies Fitness Center -33 US-refund OFFICE DEPOT CREDIT PLAN Operating Supplies Community Center Admin 316 US-table cloths E A SWEEN COMPANY Operating Supplies Community Center Admin 200 US-Schwern icma membership ICMA Dues&Subscriptions Human Resources 15 US-AP verify a degree NATIONAL STUDENT CLEARINGH(Other Contracted Services Organizational Services 16 US-new hire gifts WALMART COMMUNITY Employee Award Organizational Services 270 US-conf registration PAYPAL INC Conference/Training Planning 120 US-notary license SECRETARY OF STATE Operating Supplies Housing and Community Service 30 US-notary stamp CROWN STAMP AND ENGRAVING I Operating Supplies Housing and Community Service 2,890 US-July 2015 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 728 US-July 2015 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 260 US-July 2015 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -78 US-July 2015 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund 14 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 19 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 11 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 115 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 224 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 134 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 40 US-UB recurring PAYPAL INC Bank and Service Charges Utility Operations-General 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 86 US-UB online PAYPAL INC Bank and Service Charges Utility Operations-General 558 US-IEDC conf-flight DELTA AIR Travel Expense Economic Development 16 US-renewal APBOOKSTORE.COM Dues&Subscriptions Communications -14 US-R Lundberg CC CHIPOTLE Deposits Escrow 14 US-R Lundberg CC CHIPOTLE Deposits Escrow 16 US-acrobat Pro ADOBE SYSTEMS Office Supplies Utility Operations-General 13 US-swedish ivy BACHMANS CREDIT DEPT Repair&Maint.Supplies Utility Operations-General 203 US-council workshop DAVANNI'S PIZZA Miscellaneous City Council 30 US-costumes for one acts GOODWILL MINNETONKA Operating Supplies Theatre Initiative 43 US-supplies OFFICEMAX CREDIT PLAN Operating Supplies Theatre Initiative 7 US-props for coa PIER 1 IMPORTS Operating Supplies Theatre Initiative 22 US-props for coa MICHAELS-THE ARTS&CRAFTS Operating Supplies Theatre Initiative 89 US-call response AMAZON.COM Operating Supplies Police 106 US-call response AMAZON.COM Operating Supplies Police 18 US-office supplies AMAZON.COM Office Supplies Police 165 US-call response ULINE Operating Supplies Police 188 US-office supplies AMAZON.COM Office Supplies Police 64 US-office supplies BEST BUY Office Supplies Police 86 US-office supplies OFFICE DEPOT CREDIT PLAN Office Supplies Police 102 US-office supplies AMAZON.COM Office Supplies Police Amount Explanation Vendor Account Description Business Unit 44 US-trash bag/air freshner truc FRATTALLONE'S/MINNETONKA AC Repair&Maint. Supplies Water System Maintenance -21 US-truck 727 supplies HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Water System Maintenance 61 US-truck 727 supplies HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Water System Maintenance 152 US-supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Birthday Parties 106 US-supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Day Care 30 US-supplies BACHMANS CREDIT DEPT Operating Supplies Day Care 67 US-supplies OFFICEMAX CREDIT PLAN Operating Supplies Day Care 80 US-construction paper DISCOUNT SCHOOL SUPPLY Operating Supplies Day Care 107 US-lightng cords APPLE.COM Operating Supplies Fire 191 US-mid inspection of new fire HILTON HOTELS Operating Supplies Fire 97 US-crew room electronics BEST BUY Other Contracted Services Facilities Capital 71 US-supplies HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Storm Drainage 76 US-supplies MENARDS Repair&Maint. Supplies Sewer System Maintenance 19 US-supplies HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Storm Drainage 21 US-rags MENARDS Repair&Maint. Supplies Water System Maintenance 111 US-safety glasses HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Sewer System Maintenance 36 US-knee pads MENARDS Repair&Maint. Supplies Sewer System Maintenance 195 US-mcfoa trng ST CLOUD STATE UNIVERSITY Conference/Training City Clerk 14 US-staples HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage 325 US-Awwa conf AWWA-MINNESOTA SECTION Conference/Training Utility Operations-General 81 US-licenses permits fees AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 54 US-licenses permits fees AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 70 US-clean water summit-Leslie S UNIVERSITY OF MINNESOTA Conference/Training Storm Drainage 272 US-office supplies AMAZON.COM Operating Supplies Community Center Admin 83 US-vending supplies SPORTS WORLD USA INC Merchandise for Resale Concessions 28 US-vending supplies SPORTS WORLD USA INC Merchandise for Resale Concessions 30 US-mouse for nicole w AMAZON.COM Miscellaneous IT Operating 48 US-toner AMAZON.COM Miscellaneous IT Operating 40 US-IT loaner laptop battery AMAZON.COM Miscellaneous IT Operating 78 US-drum unit for printer AMAZON.COM Miscellaneous IT Operating 1 US-mount for projector council ADORAMA Equipment Repair&Maint IT Operating 151 US-mount for projector council ADORAMA Equipment Repair&Maint IT Operating 36 US-ink cartridge for sonja-PD AMAZON.COM Miscellaneous IT Operating 1,605 US-GIS trng ESRI Conference/Training IT Operating 50 US-blue ray discs PD AMAZON.COM Miscellaneous IT Operating 50 US-blue ray discs PD AMAZON.COM Miscellaneous IT Operating 9 US-surge protector AMAZON.COM Miscellaneous IT Operating 48 US-toner AMAZON.COM Miscellaneous IT Operating 171 US-PP clicker,mouse,keyboard AMAZON.COM Miscellaneous IT Operating 20 US-adapter for elitebook AMAZON.COM Miscellaneous IT Operating 17 US-fuel HOLIDAY STATION STORES INC Motor Fuels Fleet Operating 63 US-parts SUMMIT RACING Equipment Parts Fleet Operating 19 US-café food KOWALSKI'S MARKET Merchandise for Resale Concessions 23 US-café food COBORNS Merchandise for Resale Concessions 31 US-café food COBORNS Merchandise for Resale Concessions 21 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions Amount Explanation Vendor Account Description Business Unit 76 US-wall mount bracket PLANET DJ Repair&Maint. Supplies Senior Center 472 US-supplies GUSTAVE A LARSON Repair&Maint. Supplies City Hall-CAM 765 US-supplies CROW CUSTOM CAST WELDING Repair&Maint. Supplies Ice Arena Maintenance 160 US-supplies AMAZON.COM Repair&Maint. Supplies Police City Center 558 US-supplies GUITAR CENTER Repair&Maint. Supplies Senior Center 65 US-supplies GUITAR CENTER Repair&Maint. Supplies Senior Center 269 US-design fee for memorial poo MERCURY MOSAICS Operating Supplies Pool Special Events 130 US-display rack-EP Players DISPLAYS2GO Operating Supplies Eden Prairie Players 12 US-snacks-camps and summer cla BYERLYS Operating Supplies Arts Center 355 US-art hanging system-EPCC WALKER DISPLAY INCORPORATEI Operating Supplies Arts 25 US-lunch meeting with umpires GINA MARIAS INC Operating Supplies Athletic Programs Admin 1,000 US-gift certificates GREEN MILL PLYMOUTH Awards Athletic Programs Admin 21 US-walker tips WALGREEN'S#5080 Operating Supplies Volleyball 600 US-conf registration IAAO Conference/Training Assessing 930 US-travel expense DELTA AIR Travel Expense Assessing 29 US-upgraded seat-only one avai DELTA AIR Travel Expense Assessing 385 US-fall conf-smell IAAO Conference/Training Assessing 435 US-fall conf-sams IAAO Conference/Training Assessing 435 US-fall conf-buswell IAAO Conference/Training Assessing 29 US-parking 501 SELF PARK 1NTERPARK Mileage&Parking Assessing 435 US-fall conf-pike IAAO Conference/Training Assessing 148 US-tools HOME DEPOT CREDIT SERVICES Small Tools Traffic Signals 23 US-supplies AMAZON.COM Training Supplies Police 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 8 US-splash pad chlorine MENARDS Operating Supplies Round Lake 53 US-wasp spray MENARDS Operating Supplies Park Maintenance 35 US-critter food PETCO Operating Supplies Outdoor Center 44 US-critter food PETCO Operating Supplies Outdoor Center 21 US-critter food PETCO Operating Supplies Outdoor Center 18 US-critter food CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center 13 US-critter food PETCO Operating Supplies Outdoor Center 26 US-critter food PETCO Operating Supplies Outdoor Center 9 US-critter food CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center 6 US-critter food PETCO Operating Supplies Outdoor Center 3,068 US-LED lights PAYPAL INC Repair&Maint. Supplies Water Treatment Plant 20 US-boiler license DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Water Treatment Plant 50 US-LED lights HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Water Treatment Plant -25 US-return HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Water Treatment Plant 888 US-LED lights HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Water Treatment Plant -1 US-J Urbina CC EDEN PRAIRIE LIQUOR Deposits Escrow 1 US-J Urbina CC EDEN PRAIRIE LIQUOR Deposits Escrow 38 US-camera equip MUNICIBID Equipment Repair&Maint Public Safety Communications 150 US-monthly billing SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes 8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow Amount Explanation Vendor Account Description Business Unit 8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow Amount Explanation Vendor Account Description Business Unit -15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -8 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow -15 US-verley CC refund NIMBLE SCHEDULE Deposits Escrow 32 US-staff training KOWALSKI'S MARKET Operating Supplies Community Center Admin 28 US-staff training SAVOY PIZZA Operating Supplies Community Center Admin 10 US-staff training KOWALSKI'S MARKET Operating Supplies Community Center Admin 375 US-software NIMBLE SCHEDULE Licenses,Permits,Taxes,Fees Fitness Classes 21 US-staff training GINA MARIAS INC Operating Supplies Community Center Admin 14 US-staff training KOWALSKI'S MARKET Operating Supplies Community Center Admin 304 US-training HENNEPIN TECHNICAL COLLEGE Conference/Training Utility Operations-General 26 US-parking for court OPUS GARAGE Mileage&Parking Police 4 US-end of year party HOLIDAY STATION STORES INC Operating Supplies Tennis 64 US-staff appreciation AMAZON.COM Operating Supplies Playgrounds 69 US-staff party WALMART COMMUNITY Operating Supplies Youth Programs Admin 4 US-ice-year end party EDEN PRAIRIE LIQUOR Operating Supplies Playgrounds 357 US-all staff year end party QDOBA MEXICAN GRILL Operating Supplies Youth Programs Admin 34 US-staff appreciation SHAKOPEE BAKERY Operating Supplies Youth Programs Admin 61 US-adaptive camp outing SHAKOPEE SANDVENTURE Special Event Fees New Adaptive 99 US-leadership development trng LEARNING RESOURCES NETWORK Conference/Training Therapeutic Rec Admin 63 US=adaptive camp APPLE VALLEY AQUATIC CENTER Special Event Fees New Adaptive 15 US-everyone can dance camp POPPED CORN Operating Supplies Leisure Education 11 US-everyone can dance camp CUB FOODS EDEN PRAIRIE Operating Supplies Leisure Education 63 US-EPCC bank service chgs PLUG N PAY Bank and Service Charges Community Center Admin 54 US-EPCC bank service chgs PLUG N PAY Bank and Service Charges Community Center Admin 647 US-nozzle forward lodging COUNTRY INN&SUITES Conference/Training Fire 647 US-nozzle forward lodging COUNTRY INN&SUITES Conference/Training Fire 125 US-isfsi dues ISFSI Dues&Subscriptions Fire 275 US-chiefs conf MINNESOTA STATE FIRE CHIEFS A Conference/Training Fire -95 US-refund UNIVERSITY OF MINNESOTA Tuition Reimbursement/School Police 43 US-supplies GLOCK PROFESSIONAL INC Training Supplies Police 250 US-M Mohn trng ATOM ATOM Tuition Reimbursement/School Police 190 US-training-Diethelm,Kuffel UNIVERSITY OF MINNESOTA Tuition Reimbursement/School Police 1,737 US-headshield googles KEE ACTION SPORTS Training Supplies Police 1,035 US-training DEFENSIVE EDGE TRAINING CORP Tuition Reimbursement/School Police 114 US-food JIMMY JOHNS Tuition Reimbursement/School Police 55,609 Report Total