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City Council - 07/19/2016
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JUNE 14, 2016 CITY CENTER 5:00 —6:25 PM, HERITAGE ROOMS 6:30 —7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II I. 2017-2026 CAPITAL IMPROVEMENT PLAN Open Podium - Council Chamber II. OPEN PODIUM A. SYDNEY ASHTON—TOBACCO SAMPLING ORDINANCE B. ROBERT DWYER-TOBACCO SAMPLING ORDINANCE III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 14, 2016 7:00 PM, CITY CENTER Council Chambers 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, 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. DONATION FROM KROMMINGA FAMILY FOR VETERANS MEMORIAL (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,MAY 24, 2016 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 24, 2016 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 6, RELATING TO RIGHT-OF-WAY AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE. C. APPROVE AMENDMENT TO EDEN GARDENS DEVELOPMENT AGREEMENT D. ADOPT RESOLUTION APPROVING APPOINTMENT OF ELECTION JUDGES FOR 2016 ELECTIONS CITY COUNCIL AGENDA June 14, 2016 Page 2 E. ADOPT RESOLUTION REGARDING SOUTHWEST LRT CORRIDOR- WIDE HOUSING STRATEGY F. ADOPT RESOLUTION APPROVING MASTER JOINT POWERS AGREEMENT WITH MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE (MICAC) G. APPROVE WETLAND BUFFER MAINTENANCE AGREEMENT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR SUNNYBROOK ROAD BASIN IMPROVEMENTS PROJECT H. APPROVE SUBMITTAL OF ANNUAL REPORT TO MPCA FOR PHASE II NPDES STORM WATER PERMIT PROGRAM I. APPROVE CITY ENTRY MONUMENT SIGNS AGREEMENT WITH VISUAL COMMUNICATIONS FOR CONSTRUCTION AND ENGINEERING PLANS J. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH WSB FOR STARING LAKE PLAY AREA K. AWARD CONTRACT TO DULUTH COATING SOLUTIONS FOR FLOOR RESTORATION AT FIRE STATIONS 2 AND 4 L. AWARD CONTRACT TO MIDWEST ASPHALT CORPORATION FOR 2016 BITUMINOUS TRAIL REHABILITATION AND PEDESTRIAN RAMP INSTALLATION M. AWARD CONTRACT TO BLACKSTONE CONTRACTORS, LLC FOR SUNNYBROOK ROAD BASIN IMPROVEMENTS PROJECT N. AWARD CONTRACT TO SEBCO, INC. FOR 2016 BUILDING ENVELOPE RESTORATION O. AWARD CONTRACT TO LAVAN FLOORING FOR CITY CENTER CARPET REPLACEMENT P. AWARD CONTRACT TO CAVE CAFE,LLC FOR FOOD SERVICES IN THE GARDEN ROOM Q. ADOPT RESOLUTION APPROVING PARTICIPATION IN THE PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY THE COUNCIL ON LOCAL RESULTS AND INNOVATION R. APPROVAL OF CONTRACT WITH NATIONAL RESEARCH CENTER FOR 2016 COMMUNITY SURVEY CITY COUNCIL AGENDA June 14, 2016 Page 3 IX. PUBLIC HEARINGS/MEETINGS A. PRAIRIE VIEW ENCLAVE by Dave Weekley Homes-Minnesota Request for Planned Unit Development Concept Review on 10.71 acres; Planned Unit Development District Review with waivers on 10.71 acres; Zoning District change from Rural to R1-13.5 on 10.71 acres and Preliminary Plat of 18 lots and 1 outlot on 10.71 acres Location: 12701 Pioneer Trail (Ordinance for Zoning District Change; Resolution for Preliminary Plat) B. APPROVING ISSUANCE BY THE CITY OF GREENWOOD, MINNESOTA OF CHARTER SCHOOL LEASE REVENUE BONDS, SERIES 2016A AND SERIES 2016B (MAIN STREET SCHOOL OF PERFORMING ARTS PROJECT) (Resolution) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS 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: July 19, 2016 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, July 19, 2016 TUESDAY,JULY 19, 2016 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name,phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. HRA MEETING HRA I. ROLL CALL / CALL THE HRA MEETING TO ORDER HRA II. APPROVE MINUTES OF HRA MEETING HELD ON JUNE 14, 2016 HRA III. RESOLUTION APPROVING TIF PLAN MODIFICATION FOR TAX INCREMENT FINANCING DISTRICT NO. 14 (EDENVALE TOWNHOME PROJECT) Synopsis: TIF District 14 was created to facilitate the construction of 32 townhome style housing units contained in eight 4-unit buildings in the City. The TIF Plan is being modified to increase the budget in order to accommodate developer repayments and to allow the city to use those funds for affordable housing within the City. Staff recommends the Council grant the necessary approval for this item. MOTION: Move to: Adopt Resolution Approving the TIF Plan Modification for Tax Increment Financing District No. 14 (Edenvale Townhome Project). HRA IV. ADJOURNMENT MOTION: Move to adjourn the HRA. ANNOTATED AGENDA July 19,2016 Page 2 COUNCIL MEETING IV. PROCLAMATIONS/PRESENTATIONS A. RECOGNIZE LIFEGUARD STAFF FOR EXEMPLARY CITIZEN ASSISTANCE Jake Anderson and Gillian Rieder will attend the July 19 Council Meeting. Issac Anderson cannot attend. Synopsis: On Friday, June 24, several Eden Prairie Aquatics employees were leaving a training session at the Community Center. On their way home, they came across a man who had become injured while bike riding. They stopped, called for help and provided medical assistance. MOTION: Move to recognize Eden Prairie Employees Gillian Rieder, Isaac Anderson and Jake Anderson for going above and beyond to render care to an injured citizen in need. B. ACCEPT DONATION OF OUTDOOR CENTER GREEN HOUSE FROM GIRLS SCOUT TROOP 14282 (Resolution) The Girl Scouts who donated a greenhouse to the Outdoor Center will be in attendance at the July 19 Council Meeting. Synopsis: The Staring Lake Outdoor Center is home to a Learning Garden, established as an educational setting for children and adults to learn about the life cycle of plants. The addition of a greenhouse allows for the propagation of seeds in a more controlled environment, allowing for expansion of the growing season and further variety in what is grown and harvested. This Greenhouse project was initiated and undertaken by four members of Girl Scout Troop 14282—Carmen Casper, Cecilia Casper, Sarah Kurtenbach and Tori Schneider- as a Silver Project Award. The scouts were advised by Lisa Casper. The project involved research, planning, community involvement, fund-raising, and the actual construction of the greenhouse. In order to raise the $2,237 spent on the project, the scouts sold their own original art at art fairs, offered face-painting, and sold Girl Scout cookies and other items through scout fund raisers. Each scout donated in excess of 50 hours of volunteer time to the project. The goal of the project was to create something sustainable that involves the community. This greenhouse will allow the Outdoor Center staff and volunteers more opportunities to expand programming and give young people the chance to learn about how their food is grown. ANNOTATED AGENDA July 19,2016 Page 3 MOTION: Move to adopt the Resolution accepting donation of a Greenhouse from members of Girl Scout Troop #14282 as an addition to the Learning Garden at Staring Lake Outdoor Center. C. ACCEPT DONATION FOR VETERANS MEMORIAL FUND FROM CAROL AND LYNAE BAUGH IN HONOR OF BUD SCHWARTZ (Resolution) Synopsis: The Eden Prairie Veterans Memorial is located in Purgatory Creek Park and was dedicated on Veterans Day 2008. The City of Eden Prairie owns the park and is the memorial's custodian. The Veterans Wall of the Memorial honors individuals who have served in the U.S. military and the Honor Wall pays tribute to those from Eden Prairie who have laid down their life in order to ensure our freedom. All veterans are welcome and are not required to be from Eden Prairie to be included in this memorial. MOTION: Move to adopt the Resolution accepting the donation in the amount of $200 for the Eden Prairie Veterans Memorial in memory of Bud Schwartz from the Baugh Family. D. ACCEPT DONATION FOR VETERANS MEMORIAL FUND FROM DOROTHY SCHWARTZ IN HONOR OF BUD SCHWARTZ (Resolution) MOTION: Move to adopt the Resolution accepting the donation in the amount of $150 for the Eden Prairie Veterans Memorial in memory of Bud Schwartz from Dorothy Schwartz. E. ACCEPT DONATION FOR VETERANS MEMORIAL FUND FROM THE SHELLUM FAMILY IN HONOR OF BUD SCHWARTZ (Resolution) MOTION: Move to Adopt the Resolution accepting the donation in the amount of $300 for the Eden Prairie Veterans Memorial in memory of Bud Schwartz from the Shellum family. 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,JUNE 14, 2016 B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 14, 2016 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS ANNOTATED AGENDA July 19,2016 Page 4 VIII. CONSENT CALENDAR MOTION: Move approval of items A-Q on the Consent Calendar. A. CLERK'S LICENSE LIST B. HAMPTON INN by Cities Edge Architects. Second Reading of the Ordinance Planned Unit Development District Review with waivers on 1.7 acres and Zoning District Change from Commercial Regional Service to Town Center Commercial on 1.7 acres and Site Plan Review on 1.7 acres. Location: 11825 Technology Drive. (Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Site Plan Review) C. AWARD CONTRACT FOR INSTALLATION OF ROOF ON CO2 STORAGE AREA AT COMMUNITY CENTER TO RJ MARCO CONSTRUCTION D. AWARD CONTRACT FOR NEW EMERGENCY POWER GENERATOR INSTALL AT FIRE STATIONS 2 AND 3 TO ALLIED GENERATORS E. AUTHORIZE PURCHASE OF OCTANE FITNESS EQUIPMENT FOR COMMUNITY CENTER F. AUTHORIZE PURCHASE OF PRECOR FITNESS EQUIPMENT FOR COMMUNITY CENTER G. APPROVE COST SHARE FUNDING AGREEMENT WITH RILEY- PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR FIRE STATION 2 LANDSCAPING PROJECT H. APPROVE CONTRACT WITH APPLIED ECOLOGICAL SERVICES FOR THE FIRE STATION 2 LANDSCAPING PROJECT I. APPROVE AGREEMENT FOR COST PARTICIPATION WITH THREE RIVERS PARK DISTRICT FOR DELL ROAD AND MINNESOTA RIVER BLUFFS LRT REGIONAL TRAIL CROSSING IMPROVEMENTS J. APPROVE PURCHASE OF SALT BRINE PRODUCTION AND BLENDING SYSTEM FROM STATE OF MINNESOTA COOPERATIVE PURCHASING VENTURE K. ADOPT RESOLUTION APPROVING MASTER LICENSE AGREEMENT WITH VERIZON WIRELESS FOR SMALL CELL INSTALLATIONS L. APPROVE LICENSE SUPPLEMENT AGREEMENT WITH VERIZON WIRELESS FOR SMALL CELL INSTALLATION AT HOMEWARD HILLS ROAD SOUTH OF PIONEER TRAIL ANNOTATED AGENDA July 19,2016 Page 5 M. APPROVE LICENSE SUPPLEMENT AGREEMENT WITH VERIZON WIRELESS FOR SMALL CELL INSTALLATION AT PIONEER TRAIL EAST OF MILL CREEK DRIVE N. APPROVE LICENSE SUPPLEMENT AGREEMENT WITH VERIZON WIRELESS FOR SMALL CELL INSTALLATION AT PIONEER TRAIL EAST OF SPOON RIDGE O. APPROVE LICENSE SUPPLEMENT AGREEMENT WITH VERIZON WIRELESS FOR SMALL CELL INSTALLATION AT PIONEER TRAIL EAST OF JUNIPER LANE P. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AE2S FOR INSTRUMENTATION AND CONTROL SERVICES TO UPGRADE CONTROLS AT 13 SANITARY SEWER LIFT STATIONS Q. APPROVE AGREEMENT WITH HTPO FOR CIVIL ENGINEERING AND LAND SURVEYING SERVICES FOR FIVE UNIQUE CITY ENTRY MONUMENT SIGNS IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION APPROVING MODIFIED BUDGET FOR TAX INCREMENT FINANCING DISTRICT NO. 14 (EDENVALE TOWNHOME PROJECT) Official notice of this public hearing was published in the July 7, 2016, Eden Prairie News. Synopsis: TIF District 14 was created to facilitate construction of 32 townhome style housing units contained in eight 4-unit buildings in the City. The TIF Plan is being modified to increase the budget to accommodate developer repayments and to allow the city to use those funds for affordable housing within the City. Staff recommends the Council grant the necessary approval for this item. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution approving the modified budget for Tax Increment Financing District No. 14 (Edenvale Townhome Project). B. WHITETAIL BLUFF BY PREMIUM CONSTRUCTION. Request for Zoning District change from rural To R1-13.5 On 2.48 acres; Preliminary Plat of one lot into two lots on 2.48 acres. Location: 10065 Eden Prairie Rd. (Ordinance for Zoning District Change; Resolution for Preliminary Plat) Official notice of this public hearing was published in the June 30, 2016, Eden Prairie News and sent to 25 property owners. ANNOTATED AGENDA July 19,2016 Page 6 Synopsis: The project includes the subdivision of a 2.48 acre property into two lots. Proposed Lot 1, which is nearly one acre, is being created for a new single-family home and proposed Lot 2, which is about 1.5 acres, will include the existing home. The property is guided Low-Density Residential and is currently zoned Rural. The application also includes a request to rezone the property to R1-13.5. The applicant is proposing a conservation easement and a drainage and utility easement over the steep slopes at the rear of the property to protect the slopes. The future home on proposed Lot 1 will be served by municipal sewer and water. The existing home has a well and septic system. Based on recent testing, the septic system is considered compliant; however, the applicant will be required to hook up to municipal sewer when the septic system is considered noncompliant for any reason. The plans illustrate a potential building pad, driveway,utilities, and tree replacement on proposed Lot 1. This is simply a concept so staff could verify that the lot can accommodate a new home. This plan could change based on the new owner and their preferences. The grading plan, tree replacement plan, stormwater management, and utility plans for the future new home will be reviewed in detail when the homeowner submits a Land Alteration Permit and the Building Permit. The 120-Day Review Period Expires October 11, 2016. The Planning Commission voted 6-0 with one abstension to recommend approval of the project at the June 27, 2016, meeting. MOTION: Move to: U • Close the Public Hearing; and • Approve First Reading of the Ordinance for Zoning District Change from Rural Zoning District to R1-13.5 Zoning District on 2.48 acres; and • Adopt the Resolution for Preliminary Plat on 2.48 acres into 2 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. C. TACO BELL BY BORDER FOODS,INC. Request for Site Plan Review on .56 acres. Location: 8450 Joiner Way (Resolution for Site Plan Review) Official notice of this public hearing was published in the June 30, 2016, Eden Prairie News and sent to 41 property owners. Synopsis: The applicant plans to update the exterior facade of the building, add a small cooler/freezer to the back of the building and complete other site improvements at Taco Bell as described below: • Add a 170 square foot cooler/freezer to the back of the building. • Change exterior building elevations to a more modern façade. • Add a building sprinkler system. • Add brick and glass to each building façade complying with the requirement of ANNOTATED AGENDA July 19,2016 Page 7 75%brick and glass. • Change the color palate to earth tone colors. • Install a sidewalk from the site to the trail along Flying Cloud Drive. • Add some landscaping between the street and the parking lot along Joiner Way and in the front of the building between the bike path and the drive through. • Improve the maneuverability at the existing driveway. • Install new exterior lighting fixtures. • Install a modular block retaining wall along the southwest property line. • Install new order station with canopy. • Add a sidewalk connection from the site to the sidewalk along Joiner Way. • Update signage. All new signs will need to comply with City Code, Chapter 11.70 and will require separate sign permits. • Add a bicycle rack. In accordance with recent changes made to the Zoning Ordinance, the request for site plan approval is coming directly to the Council for approval without having to go to the Planning Commission. In January 2016, the City Council adopted a Zoning Ordinance text amendment that allows some new or amended Site Plan and Architectural Design applications to go directly to the City Council for approval rather than having to get referred by the Planning Commission. The intent is to simplify the process for minor changes to a Site Plan or Architectural Design. This Taco Bell project is the first project going through the process utilizing the new ordinance language. Background In 1991, a Taco Bell Restaurant was approved and a building was constructed on the current 0.56 acre site. The building is currently 2,097 square feet. The front of the building faces Joiner Way and the parking lot and the back of the building faces Flying Cloud Drive. The proponent is proposing to add a 170 square foot cooler/freezer to the back of the existing building, update the building facades and building materials and make some minor site improvements. The site improvements will result in the loss of two parking stalls, but based on the seating capacity, the number of parking stalls provided will continue to exceed the requirement. The façade improvements include a change in the roof style, color variations and different arrangement of building materials. The building will include brick, glass and some EIFS. Each of the facades meet or exceed the 75%requirement. The following sketches are an example of the existing façade. Staff suggested that the applicant include some variation in the roofline, to create some visual interest. However, the building is located in a Northern States Power overhead utility easement and there are strict height limitations. In this situation, raising the parapet would violate the height limitations and lowering the parapet would result in some of the rooftop mechanicals being visible. Therefore, varying the roofline is not a consideration because it does not seem practical and would have some negative impacts. The original Developer's Agreement included the following condition: prior to the issuance of a building permit, the developer is to submit detailed plans for a 3 1/2 foot ANNOTATED AGENDA July 19,2016 Page 8 high wood fence to be constructed to screen the parking areas from Joiner Way. As seen in the photograph to the right, there is not a fence between Joiner Way and the parking lot, so it was either never constructed or it was taken down at some point. Currently, there are trees and an evergreen hedge providing screening between the street and the parking lot. Rather than disturbing the existing vegetative screen by putting in a fence, the existing trees and shrubs plus some additional plantings should provide adequate screening. The Developer's Agreement from 1992 should be amended to remove the fence requirement and reflect screening provided by the landscaping. Staff Recommendation Recommend approval of the following requests: • Adopt a Resolution for a Site Plan Review on 0.56 acres; and • Approve the First Amendment to the Developer's Agreement, which is an amendment of original Developer's Agreement entered into on March 10, 1992. MOTION: Move to: • Close the Public Hearing; and • Adopt a Resolution for a Site Plan Review on 0.56 acres; and • Approve the First Amendment to the Developer's Agreement, which is an amendment of original Developer's Agreement entered into on March 10, 1992. D. RESOLUTION AMENDING THE COMPREHENSIVE PLAN RELATING TO DEVEOPMENT DENSITIES AND PROCESS FOR MEDIUM AND HIGH DENSITY RESIDENTIAL DEVELOPMENTS Official notice of this public hearing was published in the June 30, 2016, Eden Prairie News. Synopsis: The Metropolitan Council staff has identified an inconsistency within the text language of the Comprehensive Plan. The Metropolitan Council has communicated that this inconsistency between policy intent and guiding densities needs to be corrected prior to review of any comprehensive guide plan map amendment requests. Background The City has received an application requesting approvals of; Comprehensive Guide Plan Amendment to reguide property from Low Density Residential and Office to High Density Residential; and Planned Unit Development(PUD) requesting a waiver to exceed the 17.4 units per acre allowed in the RM-2.5 zoning district for the Eden Prairie Senior Living project that includes assisted living and memory care units, as well as, independent senior housing. In preliminary review of the guide plan amendment request, staff has reached out to Metropolitan Council staff to review the proposed map amendment. The Metropolitan Council considers assisted living and memory care units as housing units and applies those numbers toward the City's overall density calculations. ANNOTATED AGENDA July 19,2016 Page 9 The inconsistency identified exists between the text language in the land use chapter and the densities provided on the guide plan map. The text of the land use chapter refers to maximum densities of 6.7 for Medium Density and 17.4 for High Density Residential. These density ranges are consistent with the density language included in the zoning ordinance for the RM-6.5 and RM-2.5 zoning districts. However, the map included in the Comprehensive Plan indicate maximum densities of 10 units/acre for Medium Density and 40 units/acre for High Density and the housing chapter includes density ranges extending to 10 and 40 units per acres. When the Metropolitan Council reviewed the 2009 Comprehensive Plan, it reviewed based on the density ranges provided in the land use chapter text rather than those indicated on the map or in the housing chapter. City staff has had conversations with the Metropolitan Council to determine the preferred alternative to rectify this inconsistency. Staff proposes the following changes underlined and as noted below: Medium Density Residential: This category allows a gross residential density between 2.5 and 6.7 10 dwelling units per acre. Typical development includes single family detached dwellings, in addition to multiple family attached dwelling units that are approved either through conventional platting or a planned unit development. Corresponding zoning districts include the R1-9.5 and the RM-6.5 (multi-family) district. Development densities ranging from 6.8 to 10 units per acres may be limited to projects that are reviewed through the planned unit development process, and which are consistent with and further other policies of the comprehensive plans, such as addressing housing needs. High Density Residential: This category allows a gross residential density between 6.7 and 17.4 40 units per acre. Typical development includes multiple family attached dwelling units that are approved either through conventional platting or a planned unit development. The corresponding zoning district is the RM-2.5 district. Development densities ranging from 17.5 to 40 units per acres may be limited to projects that are reviewed through the planned unit development process, and which are consistent with and further other policies of the comprehensive plans, such as addressing housing needs. The approach of applying a PUD for those projects that exceed the density requirements of the underlying zoning district is consistent with the practice that has been utilized in past development projects such as Summit Place, Presbyterian Homes, Martin Blu, Lincoln Parc, and Water Tower. Planning Commission Review and Recommendation At its June 27, 2016, meeting, the Commission voted 7-0 to recommend approval of the Comprehensive Plan Amendment subject to the information in the staff report dated June 22, 2016. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution amending the Comprehensive Plan. ANNOTATED AGENDA July 19,2016 Page 10 E. FIRST READING OF AN ORDINANCE APPROVING TEMPORARY HOUSING OPT-OUT Official notice of this public hearing was published in the June 30, 2016, Eden Prairie News. Synopsis: In May 2016, the Minnesota Legislature passed legislation to allow for local governments to begin issuing a new type of permit to allow certain types of modular or manufactured housing as temporary dwellings. The motivation for the statute is to allow for transitional housing for seniors. Specifically, the law allows municipalities to issue permits allowing seniors that require assistance with 2 or more instrumental activities of daily life to stay in temporary dwellings located on a yard or driveway for 6 months with an option to extend the permit for 6 months. Current City Code regulations do not permit temporary dwellings. Municipalities may choose to opt out of the program by passing an ordinance affirming the opt out option prior to September 1, 2016. If a City chooses not to opt out, the statute requires the City to issue permits to qualified applications starting September 1, 2016. In this case, the City would have 15 days (no extension) to make a decision on granting the permit and waives the public hearing requirement. Attached is an ordinance opting out of the requirements of Minnesota Statues, Section 462.3593. At its July 11, 2016, meeting, the Commission voted 7-0 to recommend approval of the text amendment subject to the information in the staff report dated July 6, 2016. The Planning Commission emphasized its position of supporting housing options for seniors requiring rehabilitation accommodations and maintaining the belief that additional time and effort would be necessary to prepare local regulations to fully address impacts and concerns related to temporary housing. MOTION: Move to:• Close the Public Hearing; and • Approve first reading of the Ordinance to Opt Out of the Requirements of Minnesota Statutes, Section 462.3593. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. EDEN PRAIRIE CENTER LANDSCAPING IMPROVEMENTS by Eden Prairie Center. Second Reading of the Ordinance Planned Unit District Review on 35.32 acres. Location: 8251 Flying Cloud Drive. (Ordinance for PUD District Review) Synopsis: This is final approval of the Development Agreement and plans for the proposed landscaping improvements. The City Council reviewed the request at a ANNOTATED AGENDA July 19,2016 Page 11 public hearing on December 1, 2015. At that time, the Council closed the public hearing and directed staff to continue working with the applicant to accommodate additional screening of parking areas and enhancement of pedestrian access. The project proponent has prepared revised plans that provide upgraded pedestrian connections and access to Eden Prairie Center, increased screening of the parking lot areas and revised tree removals to minimize impact to existing healthy species (depicted in the plans dated January 2016). For the Council's reference, the plan sets distributed include the plans reviewed at the 1st reading, which include existing conditions and the originally proposed landscaping improvements (dated October 2016). The landscaping materials have been modified to include additional height to provide for enhanced screening. Additionally, the plans provide for a future phase of improvements to provide screening at the Regional Center Road entrance as depicted in the plans. The Development Agreement includes language that requires these improvements to be made by December 31, 2018. The 120-Day Review Period Expires on September 1, 2016. MOTION: Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review and Zoning District Review within the Commercial Regional Service Zoning District on 35.32 acres; and • Approve the Development Agreement. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS Synopsis: James Yoo's name was inadvertently left off the list of students appointed to the Parks, Recreation and Natural Resources Commission by the City Council at their June 14, 2016, meeting. MOTION: Move to appoint James Yoo to the Parks, Recreation and Natural Resources Commission as a Students on Commissions program representative. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Green Step Cities Recognition 2. LoGo PEP ANNOTATED AGENDA July 19,2016 Page 12 3. Star Tribune Best Workplace B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Resolution Approving Sale of a Portion of Real Property Commonly Known as 11201 Burr Ridge Lane Synopsis: The City of Eden Prairie acquired the parcel at 11201 Burr Ridge Lane in 2014 for a storm sewer repair project. After completion of the project the property owner of 11191 Burr Ridge Lane approached the City of Eden Prairie with an interest in purchasing approximately 4,820 square feet from 11201 Burr Ridge Lane. The City of Eden Prairie no longer needs for public purpose an area of approximately 4,820 square feet located in the northwest corner of the lot at 11201 Burr Ridge Lane. The lot at 11191 Burr Ridge Lane has irregular boundaries that could become regular and compatible with adjacent lots in the area if it could be combined with the approximately 4,820 square feet of land from 11201 Burr Ridge Lane. The City of Eden Prairie will maintain ownership of the remaining portion of the property at 11201 Burr Ridge Lane which is approximately 12,560 square feet. As a condition of the proposed sale, The City of Eden Prairie will obtain a drainage and utility easement over the property being proposed for sale. The City of Eden Prairie will sell the property for a price of two dollars per square foot, plus the cost of property division. This total is estimated at $15,140. MOTION: Move to adopt the resolution approving the sale of a portion of real property commonly known as 11201 Burr Ridge Lane, Eden Prairie, Minnesota, and depicted on Exhibit A attached thereto. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, JULY 19, 2016 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Ron Case, Sherry Butcher Wickstrom, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL /CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON JUNE 14, 2016 III. RESOLUTION APPROVING TIF PLAN MODIFICATION FOR TAX INCREMENT FINANCING DISTRICT NO. 14 (EDENVALE TOWNHOME PROJECT) IV. ADJOURNMENT UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,JUNE 14, 2016 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE HRA MEETING TO ORDER Chair Tyra-Lukens called the meeting to order at 7:02 PM. Council Members Butcher Wickstrom and Nelson were absent. II. APPROVE MINUTES OF HRA MEETING HELD ON JANUARY 5, 2016 MOTION: Aho moved, seconded by Case, to approve the minutes of the HRA meeting held January 5, 2016. Motion carried 3-0. III. ADOPT RESOLUTION HRA NO. 2016-01 APPROVING AMENDMENT 3 TO HOUSING PROJECT AGREEMENT AND AUTHORIZING EXECUTION BY CHAIR EXECUTIVE DIRECTOR Getschow said this item is related to the Eden Gardens development. If the item is approved, there will be a subsequent item on tonight's Council agenda. Jeremiah said the developer has requested an adjustment to the number of required moderate income units in the housing project. After a couple of years of marketing, they have sold only seven of the moderate income units. They anticipate at least three additional sales of moderate income units, and possibly up to six sales. She noted there will be a slight clarification of the amendment to allow flexibility by specifying the number to be a minimum of ten units required so that it would be possible to increase the number beyond ten going forward. In addition, the amendment waives the repayment of property requirements of paragraph 6 for the moderate income units and requires the payment of park dedication fees for any units removed from the category of moderate income units. Aho asked what the original number of moderate income units was. Jeremiah replied it was 20 units. Aho noted that means it has come down to half the original number. Jeremiah said they have been successful in the goal of getting the units to residents of Eden Prairie and those who work in Eden Prairie. Rosow noted the motion should be changed to reflect the changes discussed. HRA MINUTES June 14,2016 Page 2 MOTION: Case moved, seconded by Aho, to adopt Resolution HRA No. 2016-01 approving Amendment 3 to the Housing Project Agreement and authorizing execution by Chair Executive Director and contingent upon execution by the developer and property owners. Motion carried 3-0. IV. ADJOURNMENT MOTION: Aho moved, seconded by Case, to adjourn the HRA meeting. Motion carried 3-0. Chair Tyra-Lukens adjourned the HRA meeting at 7:08 PM. HOUSING AND REDEVELOPMENT AUTHORITY DATE: July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: City Manager, Rick Getschow Adopt a resolution approving TIF Plan Modification for Tax Increment Financing District No. 14 (Edenvale Townhome Project) Requested Action Move to: Adopt Resolution Approving the TIF Plan Modification for Tax Increment Financing District No. 14 (Edenvale Townhome Project). Synopsis TIF District 14 was created to facilitate the construction of 32 townhome style housing units contained in eight 4-unit buildings in the City. The TIF Plan is being modified to increase the budget in order to accommodate developer repayments and to allow the city to use those funds for affordable housing within the City. Staff recommends the Council grant the necessary approval for this item. Attachment Modification to the Tax Increment Financing Plan Resolution As of July 13, 2016 Draft for Public Hearing Modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 14 (Edenvale Townhome Project) within Redevelopment Project No. 5 Eden Prairie Housing and Redevelopment Authority City of Eden Prairie Hennepin County State of Minnesota Established: August 5, 1997 Modification#1 Adopted: April 17,2007 Modification#2 Public Hearing: July 19, 2016 EHLERS Prepared by: EHLERS i ASSOCIATES, INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 651-697-8500 fax: 651-697-8555 www.ehlers-inc.com Table of Contents (for reference purposes only) Section 1 - Modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 14 (Edenvale Townhome Project) 2-1 Subsection 1-1. Foreword 2-2 Subsection 1-2. Statement of Objectives 2-2 Subsection 1-3. Redevelopment Plan Overview 2-2 Subsection 1-4. Sources of Revenue/Bonds to be Issued 2-1 Subsection 1-5. Uses of Funds 2-1 Subsection 1-6. Duration of the District 2-1 Subsection 1-7. Summary 2-1 Appendix A Project Description A-1 Appendix B Map of Redevelopment Project No. 5 and the District B-1 Appendix C Description of Property in the District D-1 Appendix D Findings Including But/For Qualifications E-1 Appendix E Previous Modifications to the TIF Plan E-1 Section 1 - Modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 14 (Edenvale Townhome Project) Subsection 1-1. Foreword The Eden Prairie Housing and Redevelopment Authority(the"HRA"),the City of Eden Prairie(the"City"), staff and consultants have prepared the following information to expedite the modification of the Tax Increment Financing Plan (the "TIF Plan") for Tax Increment Financing District No. 14 (Edenvale Townhome Project) (the "District"), a housing tax increment financing district, located in Redevelopment Project No. 5. Further information can be found in the original TIF Plan for the District adopted on August 5, 1997 and in the first modification to the TIF Plan for the District adopted on April 17,2007. Subsection 1-2. Statement of Objectives The District currently consists of one parcel of land and adjacent and internal rights-of-way.The District was created to facilitate the construction of 32 townhome style housing units contained in(8)4-unit buildings in the City.The TIF Plan is being modified to increase the budget in order to accommodate potential developer repayments and to allow the city to use those funds for affordable housing within the City. Please see Appendix A and Appendix E for further District information. This modification to the TIF Plan is expected to achieve many of the objectives outlined in the Redevelopment Plan for Redevelopment Project No. 5. Subsection 1-3. Redevelopment Plan Overview As of the date of this modification,the HRA has entered into a contract with the following developer for the following development activities: 1) Edenvale Family Housing Limited Partnership dated January 20, 1998. Development is the construction of a 32-unit,family affordable housing project occupied exclusively by low-income persons. Subsection 1-4. Sources of Revenue/Bonds to be Issued The costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The City or HRA reserve the right to incur bonds or other indebtedness as a result of this modification to the TIF Plan. This provision does not obligate the City or HRA to incur debt. The City or HRA will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The total estimated tax increment revenues as modified for the District are shown in the table below: ISources I Original I TIF Plan Tax Increment 500,000 750,000 Interest 20,000 TOTAL 500,000 770,000 The City or HRA may issue bonds(as defined in the TIF Act)secured in whole or in part with tax increments from the District in a maximum principal amount of$770,000. Such bonds may be in the form of pay-as-you- go notes,revenue bonds or notes,general obligation bonds,or interfund loans.This estimate of total bonded indebtedness is a cumulative statement of authority under this modification to the TIF Plan as of the date of approval. City of Eden Prairie Modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 14(Edenvale Townhome Project) 2-1 Subsection 1-5. Uses of Funds The total uses of funds has been revised to reflect the increased revenues of the District as a result of developer repayments under the terms of the City's agreement with Edenvale Family Housing Limited Partnership dated January 20, 1998. The revised estimate of public costs and uses of funds associated with the District is outlined in the following table. Uses Original I TIF Plan I Land/Building Acquisition 375,000 380,000 Site Improvements/Preparation 50,000 I 50,0001 Utilities I I I Affordable housing 270,000 Other Qualifying Improvements 50,000 20,000 Administrative Costs (up to 10%) 25,000 50,000 PROJECT COST TOTAL 500,000 770,000 Interest I rPROJECT AND INTEREST COSTS TOTAL I 500,000 I 770,000 The total project cost,including financing costs(interest)listed in the table above does not exceed the total projected tax increments for the District as shown in Subsection 2-6. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification,the budget above pursuant to the applicable statutory requirements. The HRA or City may expend funds for qualified housing activities outside of the District boundaries. The HRA or City intends to expend funds for its First-Time Home Buyer Program and its Housing Rehabilitation loan Program. The HRA or City may also expend funds to promote the construction of additional affordable housing within the City. Subsection 1-6. Duration of the District Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1,the duration of the District must be indicated within the Plan. Pursuant to M.S., Section 469.176, Subd. 1(b),the duration of the District can be up to 25 years from the date of receipt of the first increment by the City. The date of receipt by the City of the first tax increment was in July of 2000. Thus, it is estimated that the District, including any modifications of the Plan for subsequent phases or other changes,would terminate after 2025. Subsection 1-7. Summary The TIF Plan is being modified to increase the budget in order to accommodate potential developer repayments and to allow the city to use those funds for affordable housing within the City.The modification to the TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville,Minnesota 55113,telephone(651) 697-8500. City of Eden Prairie Modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 14(Edenvale Townhome Project) 2-2 Appendix A Project Description The District was created to facilitate the construction of 32 townhome style housing units contained in(8) 4-unit buildings in the City.The TIF Plan is being modified to increase the budget in order to accommodate potential developer repayments and to allow the city to use those funds for affordable housing within the City. The HRA or City intend to expend funds for its First-Time Home Buyer Program and its Housing Rehabilitation loan Program. The HRA or City may also expend funds to promote the construction or preservation of affordable housing within the City. Appendix A-1 Appendix B Map of Redevelopment Project No. 5 and the District Appendix B-1 TAX INCREMENT FINANCING ®-- v. DISTRICT NO. 14 *•� ,—i� r �,�1 = ;.._ -- _ .. ,... 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'V''' '.,- . , iP A A i.-$c-1'-1,,ir- ' 7,'__ %'.1..• .414,14, '' ' ...°4•1 e • 4.10,::'t 411 Alf .-----'-'' 1:' 1: ..6" - -,,,...: 7 -7,,...•• ''.-- ,.,---- ----ciN•c:, •••?.,„;‘,--__ . pi ■ - , .. - Tax Increment Financing District No. 14 Miles' _ 0 02S 0.5 ..` 7 1.5 2 Appendix C Description of Property in the District The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcels listed below. Parcel Numbers Address Owner 1011622320053 7459 Mitchell Rd Edenvale Family Housing Ltd Partnership Appendix D-1 Appendix D Findings Including But/For Qualifications The Council hereby reaffirms the original findings for the District,namely that when the District was established,Tax Increment Financing District No. 14 was established as a housing district. In addition,the City makes the following findings: (i) The proposed redevelopment described in the TIF Plan Modification would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The major purpose of the TIF Plan Modification is to increase the budget in order to accommodate potential developer repayments and to allow the City to use those funds for affordable housing within the City. (ii) The Tax Increment Plan Modification conforms to the general plan for the redevelopment of the City as a whole. The City reaffirms the original findings by the City's Planning Commission for the District. (iii) The Tax Increment Plan Modification will afford maximum opportunity, consistent with the sound needs of the City as a whole,for the redevelopment of the Project by private enterprise. The City has promoted affordable rental and owner-occupied housing for several years. The tax increment from the District will be used to encourage the private market to offer affordable housing choices and ensure that affordability is maintained over an extended period of time, and promote increased housing development in the City. Appendix E-1 Appendix E Previous Modifications to the TIF Plan Appendix F-1 City of Eden Prairie , Minnesota Eden Prairie Housing and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing ( Housing ) District No . 14 ( Edenvale Townhome Project) Adopted : August 5 , 1997 Prepared by : SPRINGSTED INCORPORATED 85 E . Seventh Place , Suite 100 St. Paul , MN 55101 -2143 ( 612 ) 223 -3000 TABLE OF CONTENTS Section Page (s ) A . Definitions 1 B . Statutory Authorization 1 C . Statement of Need and Public Purpose 1 D . Statement of Objectives 1 E . Designation of Tax Increment Financing District as a Housing District 1 -2 F . Duration of the TIF District and the Three Year Rule 2-3 G . Property to be Included in the TIF District 3 H . Property to be Acquired in the TIF District 3 I . Specific Development Expected to Occur Within the TIF District 3 J . Findings and Need for Tax Increment Financing 4-4 K. Estimated Public Costs if L . Estimated Sources of Revenue 5 M . Estimated Amount of Bonded Indebtedness 5 N . Original Net Tax Capacity 5 O . Original Tax Capacity Rate 6-6 P . Projected Retained Captured Net Tax Capacity and Projected Tax Increment 6 Q . Use of Tax Increment 7-7 R . Excess Tax Increment 8 S . Tax Increment Pooling and the Five Year Rule 8-8 Limitation on Administrative Expenses 9 U . Limitation on Property Not Subject to Improvements - Four Year Rule 9-9 ✓ . Estimated Impact on Other Taxing Jurisdictions 9 W. Local Government Aid Penalty 10 X . Prior Planned Improvements 10 Y . Development Agreements 10 Z . Assessment Agreements 10 AA . Modifications of the Tax Increment Financing Plan 11 AB . Administration of the Tax Increment Financing Plan 11 - 11 AC . Financial Reporting and Disclosure Requirements 12- 13 Map of the Tax Increment Financing District EXHIBIT I Assumptions Report EXHIBIT II Projected Tax Increment Report EXHIBIT III Estimated Impact on Other Taxing Jurisdictions Report EXHIBIT IV City of Eden Prairie, Minnesota Section A Definitions The terms defined in this section have the meanings given herein , unless the context in which they are used indicates a different meaning : "Authority" means the Eden Prairie Housing and Redevelopment Authority . "City" means the City of Eden Prairie , Minnesota ; also referred to as a " Municipality" . "City Council " means the City Council of the City ; also referred to as the " Governing Body" . "County" means Hennepin County , Minnesota . " Redevelopment Project" means Redevelopment Project No . 5 in the City , which is described in the corresponding Redevelopment Plan . " Redevelopment Plan " means the Redevelopment Plan for the Redevelopment Project . " Project Area " means the geographic area of the Redevelopment Project . " School District" means Independent School District No . 272 , Minnesota . " State" means the State of Minnesota . "TIF Act" means Minnesota Statutes , Sections 469 . 174 through 469 . 179 , both inclusive . "TIF District" means Tax Increment Financing ( Housing ) District No . 14 . "TIF Plan " means the tax increment financing plan for the TIF District (this document) . S ection B Statutory Authority S ee Section 1 . 3 of the Redevelopment Plan for the Redevelopment Project . S ection C Statement of Finding and Public Purpose S ee Section 1 . 2 of the Redevelopment Plan for the Redevelopment Project . S ection D Statement of Objectives See Section 1 . 4 of the Redevelopment Plan for the Redevelopment Project . S ection E Designation of Tax Increment Financing District as a Housing District Housing districts are a type of tax increment financing district which consists of a project intended for occupancy , in part , by persons or families of low and moderate income . Low and moderate income is defined in federal , state , and municipal legislation . A project does not qualify if the fair market value of the improvements , constructed for uses other than low and moderate income housing are more than 20 % of the total fair market value of all the planned improvements . The fair market value of the improvements may be determined using the cost of f SPRINGSTED Page 1 City of Eden Prairie, Minnesota construction , capitalized income , or any other appropriate method of estimating marketing value . In addition , housing districts are subject to various income limitations and requirements for residential property . For owner occupied residential property , 95 % of the housing units must be initially purchased and occupied by individuals whose family income is less than or equal to the income requirements for qualified mortgage bond projects under section 143 (f) of the Internal Revenue Code . For residential rental property , the property must satisfy the income requirements for a qualified residential rental project as defined in section 142 (d ) of the Internal Revenue Code . A rental property also satisfies the above requirements if 50 percent of the residential units in the project are occupied by individuals whose income is 80 percent or less of the area median gross income . The TIF District qualifies as a housing district in that it meets all of the criteria listed above . It is anticipated that 100 % of the planned improvements in the TIF District will be for low and moderate income housing purposes . In addition , the TIF District meets the requirements for a "qualified housing district" in that all of the housing units will meet all of the requirements for the low income housing tax credit (whether such credits are received or not) under Section 42 of the Internal Revenue Code of 1986 , as amended through December 31 , 1992 . As a qualified housing district , the TIF District does not cause any reduction in the local government aid received by the City from the State (see Section W) . The above requirements apply for the duration of the TIF District . Failure to comply with these requirements results in application of the duration limits for economic development districts to the TIF District , that is the lesser of (a) nine years from the date of receipt of the first tax increment or ( b) 11 years after approval of the TIF Plan . If at the time of the noncompliance , the TIF District has exceeded the duration limits for an economic development district , the TIF District must be decertified effective for taxes payable in the next calendar year. Tax increments derived from a housing district must be used solely to finance the cost of housing projects as defined above . The cost of public improvements directly related to the housing projects and the allocated administrative expenses of the Authority may be included in the cost of a housing project . Section F Duration of the TIF District and the Three Year Rule Housing districts may remain in existence 25 years from the date of receipt of the first tax increment . This term shall be reduced to 20 years if the Authority elects to delay receipt of the first tax increment until a minimum market value for the TIF District is reached or exceeded , or four years have elapsed from the date of certification , whichever is earlier. Modifications of this plan (see Section AA) shall not extend these limitations . The Authority does not elect to delay receipt of the first tax increment . The Authority reserves the right to allow the TIF District to remain in existence the maximum duration allowed by law ( projected to be through the year 2023) , but anticipates that the TIF District will be decertified prior to that time (see Section P) . All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the Authority . In addition , no tax increments shall be paid to the Authority from the TIF District after three years from the date of certification unless within that time period : ( 1 ) bonds have been issued in aid of the Project Area (except revenue bonds issued pursuant to M . S . Sections 469 . 152 to 469 . 165 ) ; �1 SPRINGSTED Page 2 City of Eden Prairie, Minnesota (2 ) the Authority has acquired property within the TIF District ; or (3) the Authority has constructed public improvements within the TIF District . Section G Property to be Included in the TIF District The TIF District is a 3 . 4715 acre area of land located within the Project Area . A map showing the location of the TIF District is shown in Exhibit I . The boundaries and area encompassed by the TIF District are described below : Parcel ID Number Legal Description 10- 116-22-32-0050 Lot 1 , Block 2 , Edenvale 4th addition . That part of Lot 1 lying northwesterly of a line beginning at a point on northeasterly line thereof distant 450 . 13 feet southeasterly of most northerly corner thereof TH southwesterly to a point on southwesterly line thereof distant 440 . 76 feet southeasterly of most westerly corner thereof and there terminating . The City will subdivide this parcel into two parcels . The family housing will be located on the northerly 3 . 4715 acres , of which will constitute Tax Increment Financing ( Housing ) District No . 14 . The new legal description for the 3 . 4715 acres will be : Lot 2 , Block 1 , Edenvale Family Housing . The area encompassed by the TIF District shall also include all street or utility right-of-ways located upon or adjacent to the property described above . Section H Property to be Acquired in the TIF District The Authority may acquire and sell any or all of the property located within the TIF District ; however, the Authority does not anticipate acquiring any such property at this time . Section I Specific Development Expected to Occur Within the TIF District The proposed development includes 32 townhome style housing units contained in (8) 4-unit buildings on 3 . 3 acres of land at the intersection of Mitchell Road and Valley View Road . It is anticipated that the project will be completed in 1997 . The facility is expected to be fully constructed in 1997 and be 100 % assessed and on the tax rolls as of January 2 , 1998 for taxes payable in 1999 . At the time this document was prepared there were no signed construction contracts with regards to the above described development . Section J Findings and Need for Tax Increment Financing In establishing the TIF District , the City makes the following findings : 1' SPRINGSTED Page 3 City of Eden Prairie, Minnesota ( 1 ) The TIF District qualifies as a housing district and as a qualified housing district ; See Section E of this document for the reasons and facts supporting this finding . (2) The proposed development , in the opinion of the City , would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future , and the increased market value of the site that could reasonably be expected to occur without the use of tax increment would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan ; The reasons and facts supporting this finding are that the developer has represented to the Authority that it would not undertake the proposed development without the assistance of tax increment financing . Private investment will not finance these development activities because of prohibitive costs . It is necessary to finance these development activities through the use of tax increment financing so that other development by private enterprise will occur within the Project Area . (3) The TIF Plan conforms to the general plan for development or redevelopment of the City as a whole ; and The reasons and facts supporting this finding are that the TIF District is properly zoned , and the TIF Plan has been approved by the City Planning Commission and will generally compliment and serve to implement policies adopted in the City ' s comprehensive plan . (4) The TIF Plan will afford maximum opportunity , consistent with the sound needs of the City as a whole , for the development of the Project Area by private enterprise . The reasons and facts supporting this finding are that the development activities are necessary so that development and redevelopment by private enterprise can occur within the Project Area . Section K Estimated Public Costs The estimated public costs of the TIF District are listed below . Such costs are eligible for reimbursement from tax increments of the TIF District . Principal Interest Total Public Improvements $ 30 , 000 $ 20 , 000 $ 50 , 000 Site Improvements 30 , 000 20 , 000 50 , 000 Land Acquisition 225 , 000 105 , 000 330 , 000 ' yo; i,att Capitalized Interest 20 , 000 0 20 , 000 J Administration 50 . 000 0 507000 Lo, hg3 Total $355 , 000 $ 145 , 000 $500 , 000 �1 SPRINGSTED Page 4 City of Eden Prairie, Minnesota The Authority reserves the right to adjust the amount of any of the items listed above or to incorporate additional eligible items , so long as the total estimated public cost is not increased . Section L Estimated Sources of Revenue The Authority anticipates providing financial assistance to the proposed development through the use of a pay-as-you -go technique . As tax increments are collected from the TIF District in future years , a portion of these taxes will be distributed to the developer/owner as reimbursement for public costs incurred (see Section K) . The Authority reserves the right to finance any or all public costs of the TIF District using pay- as-you -go assistance , internal funding , general obligation or revenue debt , or any other financing mechanism authorized by law . The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including , but not limited to , special assessments , utility revenues , federal or state funds , and investment income . Section NI Estimated Amount of Bonded Indebtedness The Authority does not anticipate issuing tax increment bonds to finance the estimated public costs of the TIF District , but reserves the right to issue such bonds in an amount not to exceed $355 , 000 . Section N Original Net Tax Capacity The County Auditor shall certify the original net tax capacity of the TIF District . This value will be equal to the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue . For districts certified between January 1 and June 30 , inclusive , this value is based on the previous assessment year. For districts certified between July 1 and December 31 , inclusive , this value is based on the current assessment year. The Estimated Market Value of all property within the TIF District as of January 2 , 1997 for taxes payable in 1998 is $442 , 000 . Upon establishment of the TIF District , and subsequent reclassification of property , it is estimated that the original net tax capacity of the TIF District will be approximately $ 12 , 818 . Each year the County Auditor shall certify the amount that the original net tax capacity has increased or decreased as a result of: ( 1 ) changes in the tax-exempt status of property ; (2) reductions or enlargements of the geographic area of the TIF District ; (3) changes due to stipulation agreements or abatements ; or (4) changes in property classification rates . Section 0 Original Tax Capacity Rate The County Auditor shall also certify the original tax capacity rate of the TIF District . This rate shall be the sum of all local tax rates that apply to property in the TIF District . This rate shall be for the same taxes payable year as the original net tax capacity . % SPRINGSTED Page 5 City of Eden Prairie, Minnesota In future years , the amount of tax increment generated by the TIF District will be calculated using the lesser of (a ) the sum of the current local tax rates at that time or ( b) the original tax capacity rate of the TIF District . The sum of all local tax rates that apply to property in the TIF District , for taxes levied in 1996 and payable in 1997 , is 131 . 810% as shown below . The County Auditor shall certify this amount as the original tax capacity rate of the TIF District . 1996/ 1997 Taxing Jurisdiction Local Tax Rate City of Eden Prairie 26 . 215 % Hennepin County 35 . 515 % Independent School District #272 65 . 299 % Watershed #4 . 860 % Metro Special Taxing Districts 2 . 188 % Other Special Taxing Districts 1 . 733 % Total 131 . 810 % Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District . To the extent that this total exceeds the original net tax capacity , the difference shall be known as the captured net tax capacity of the TIF District . The County Auditor shall certify to the Authority the amount of captured net tax capacity each year. The Authority may choose to retain any or all of this amount . It is the Authority' s intention to retain 100 % of the captured net tax capacity of the TIF District . Such amount shall be known as the retained captured net tax capacity of the TIF District . Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan , including Exhibit III which shows the projected tax increment generated over the anticipated life of the TIF District . Section Q Use of Tax Increment Each year the County Treasurer shall deduct 0 . 1 % of the annual tax increment generated by the TIF District and pay such amount to the State ' s General Fund . Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state . Exhibit III shows the projected deduction for this purpose over the anticipated life of the TIF District . The Authority has determined that it will use 100% of the remaining tax increment generated by the TIF District for any of the following purposes : ( 1 ) Pay for the estimated public costs of the TIF District (see Section K) and County administrative costs associated with the TIF District (see Section T) ; (2) pay principal and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District ; f SPRINGSTED Page 6 City of Eden Prairie, Minnesota (3) accumulate a reserve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District ; (4) pay all or a portion of the county road costs as may be required by the County Board under M . S . Section 469 . 175 , Subdivision 1 a ; or (5 ) return excess tax increments to the County Auditor for redistribution to the City , County and School District . Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county , unless both county boards involved waive this requirement . Tax increments shall not be used to circumvent levy limitations applicable to the City . Tax increment shall not be used to finance the acquisition , construction , renovation , operation , or maintenance of a building to be used primarily and regularly for conducting the business of a municipality , county , school district , or any other local unit of government or the State or federal government . This prohibition does not apply to the construction or renovation of a parking structure , a common area used as a public park, or a facility used for social , recreational , or conference purposes and not primarily for conducting the business of the community . If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of assistance , to repay all or a portion of the assistance that was paid or financed with tax increments , such payments shall be subject to all of the restrictions imposed on the use of tax increments . Assistance includes sale of property at less than the cost of acquisition or fair market value , grants , ground or other leases at less then fair market rent , interest rate subsidies , utility service connections , roads , or other similar assistance that would otherwise be paid for by the developer or beneficiary . Section R Excess Tax Increment In any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs authorized by the TIF Plan , the Authority shall use the excess tax increments to : ( 1 ) prepay any outstanding tax increment bonds ; (2 ) discharge the pledge of tax increments thereof; (3) pay amounts into an escrow account dedicated to the payment of the tax increment bonds ; or (4) return excess tax increments to the County Auditor for redistribution to the City , County and School District . The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution . Section S Tax Increment Pooling and the Five Year Rule At least 80 % of the tax increments from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District (see Section E for additional restrictions ) . No more than 20 % of the tax increments may be spent on costs outside of the TIF District but within the boundaries of the Project Area , except to pay �1 SPRINGSTED Page 7 City of Eden Prairie, Minnesota debt service on credit enhanced bonds . All administrative expenses are considered to have been spent outside of the TIF District . Tax increments are considered to have been spent within the TIF District if such amounts are : ( 1 ) actually paid to a third party for activities performed within the TIF District within five years after certification of the district ; (2) used to pay bonds that were issued and sold to a third party , the proceeds of which are reasonably expected on the date of issuance to be spent within the later of the five-year period or a reasonable temporary period or are deposited in a reasonably required reserve or replacement fund . (3) used to make payments or reimbursements to a third party under binding contracts for activities performed within the TIF District , which were entered into within five years after certification of the district ; or (4) used to reimburse a party for payment of eligible costs ( including interest) incurred within five years from certification of the district . Beginning with the sixth year following certification of the TIF District , at least 80 % of the tax increments must be used to pay outstanding bonds or make contractual payments obligated within the first five years . When outstanding bonds have been defeased and sufficient money has been set aside to pay for such contractual obligations , the TIF District must be decertified . The Authority does not anticipate that tax increments will be spent outside of the TIF District (except for allowable administrative expenses) ; however, the Authority does reserve the right to allow for tax increment pooling from the TIF District in the future . Section T Limitation on Administrative Expenses Administrative expenses are defined as all costs of the Authority other than : ( 1 ) amounts paid for the purchase of land ; (2) amounts paid for materials and services , including architectural and engineering services directly connected with the proposed development within the TIF District ; (3) relocation benefits paid to , or services provided for, persons or businesses residing or located within the TIF District ; or (4) amounts used to pay interest on , fund a reserve for, or sell at a discount , tax increment bonds . Administrative expenses include amounts paid for services provided by bond counsel , fiscal consultants , planning or economic development consultants , and actual costs incurred by the County in administering the TIF District . Tax increments may be used to pay administrative expenses of the TIF District up to the lesser of ( a ) 10 % of the total estimated public costs authorized by the TIF Plan or ( b) 10 % of the total tax increment expenditures for the project . Section U Limitation on Property Not Subject to Improvements - Four Year Rule �1 SPRINGSTED Page 8 City of Eden Prairie, Minnesota If after four years from certification of the TIF District no demolition , rehabilitation , renovation , or qualified improvement of an adjacent street has commenced on a parcel located within the TIF District , then that parcel shall be excluded from the TIF District and the original net tax capacity shall be adjusted accordingly . Qualified improvements of a street are limited to construction or opening of a new street , relocation of a street , or substantial reconstruction or rebuilding of an existing street . The Authority must submit to the County Auditor, by February 1 of the fifth year, evidence that the required activity has taken place for each parcel in the TIF District . If a parcel is excluded from the TIF District and the Authority or owner of the parcel subsequently commences any of the above activities , the Authority shall certify to the County Auditor that such activity has commenced and the parcel shall once again be included in the TIF District . The County Auditor shall certify the net tax capacity of the parcel , as most recently certified by the Commissioner of Revenue , and add such amount to the original net tax capacity of the TIF District . Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TIF District was hypothetically available to the other taxing jurisdictions . The Authority believes that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District , since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance . A positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the development therein becomes part of the general tax base . Section W Local Government Aid Penalty Tax increment financing districts established or expanded after April 30 , 1990 may cause a reduction in the local government aid ( LGA/HACA) received by the City from the State . However, because the TIF District is a qualified housing district the City is exempt from any loss of local government aid . Section X Prior Planned Improvements The Authority shall accompany its request for certification to the County Auditor ( or notice of district enlargement) , with a listing of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan . The County Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued . There have been no building permits issued in the last 18 months in conjunction with any of the properties within the TIF District . Section Y Development Agreements If more than 10 % of the acreage of a project (which contains a housing district) is to be acquired by the Authority with proceeds from tax increment bonds then , prior to such acquisition , the Authority must enter into an agreement for the development of the property . Such agreement must provide recourse for the Authority should the development not be completed . % SPRINGSTED Page 9 City of Eden Prairie, Minnesota The Authority anticipates entering into an agreement for development , but does not anticipate acquiring any property located within the TIF District . Section Z Assessment Agreements The Authority may , upon entering into a development agreement , also enter into an assessment agreement with the developer, which establishes a minimum market value of the land and improvements for each year during the life of the TIF District . The assessment agreement shall be presented to the County or City Assessor who shall review the plans and specifications for the improvements to be constructed , review the market value previously assigned to the land , and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate , shall certify the assessment agreement as reasonable . The assessment agreement shall be filed for record in the office of the County Recorder of each county where the property is located . Any modification or premature termination of this agreement must first be approved by the City , County and School District . Section AA Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Project Area or the TIF District ; increase in the amount of bonded indebtedness to be incurred ; increase in the amount of capitalized interest ; increase in that portion of the captured net tax capacity to be retained by the Authority ; increase in the total estimated public costs ; or designation of additional property to be acquired by the Authority shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan . This paragraph does not apply if: ( 1 ) the only modification is elimination of parcels from the TIF District ; and (2 ) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF District' s original net tax capacity , or the Authority agrees that the TIF District' s original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated . The Authority must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF District . The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification . Section AB Administration of the Tax Increment Financing Plan Upon adoption of the TIF Plan , the Authority shall submit a copy of such plan to the Minnesota Department of Revenue . The Authority shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate of the TIF District . To assist the County Auditor in this process , the Authority shall submit copies of the TIF Plan , the resolution establishing the TIF District and adopting the TIF Plan , and a listing of any prior planned improvements . The Authority shall also send the County Assessor any assessment agreement establishing the minimum market value of land and improvements in the TIF District , and shall request that the County Assessor review and certify this assessment agreement as reasonable . The County shall distribute to the Authority the amount of tax increment as it becomes available . The amount of tax increment in any year represents the applicable property taxes ® SPRINGSTED Page 10 City of Eden Prairie, Minnesota generated by the retained captured net tax capacity of the TIF District . The amount of tax increment may change due to development anticipated by the TIF Plan , other development , inflation of property values , or changes in property classification rates or formulas . In administering and implementing the TIF Plan , the following actions should occur on an annual basis : ( 1 ) prior to July 1 , the Authority shall notify the County Assessor of any new development that has occurred in the TIF District during the past year to insure that the new value will be recorded in a timely manner. (2 ) if the County Auditor receives the request for certification of a new TIF District , or for modification of an existing TIF District , before July 1 , the request shall be recognized in determining local tax rates for the current and subsequent levy years . Requests received on or after July 1 shall be used to determine local tax rates in subsequent years . (3) each year the County Auditor shall certify the amount of the original net tax capacity of the TIF District . The amount certified shall reflect any changes that occur as a result of the following : (a) the value of property that changes from tax-exempt to taxable shall be added to the original net tax capacity of the TIF District . The reverse shall also apply ; ( b) the original net tax capacity may be modified by any approved enlargement or reduction of the TIF District ; (c) if the TIF District is classified as an economic development district , then the original net tax capacity shall be increased by the amount of the annual adjustment factor; and (d ) if laws governing the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes , then the resulting increase or decrease in net tax capacity shall be applied proportionately to the original net tax capacity and the retained captured net tax capacity of the TIF District . The County Auditor shall notify the Authority of all changes made to the original net tax capacity of the TIF District . Section AC Financial Reporting and Disclosure Requirements The State Auditor shall enforce the provisions of the TIF Act and shall have full responsibility for financial and compliance auditing of the Authority' s use of tax increment financing . On or before July 1 of each year, the Authority must annually submit to the State Auditor, City Council , County Board and County Auditor, and the School District Board a report which shall : ( 1 ) provide full disclosure of the sources and uses of public funds in the TIF District ; (2 ) permit comparison and reconciliation of the accounts and financial reports ; (3) permit auditing of the funds expended on behalf of the TIF District ; and (4) be consistent with generally accepted accounting principles . % SPRINGSTED Page 11 City of Eden Prairie, Minnesota The report shall include , among other items , the following information : ( 1 ) the original net tax capacity of the TIF District ; (2) the captured net tax capacity of the TIF District , including the amount of any captured net tax capacity shared with other taxing jurisdictions ; ( 3) for the reporting period and for the duration of the TIF District , the amount budgeted under the TIF Plan , and the actual amount expended for, at least , the following categories : (a) acquisition of land and buildings through condemnation or purchase ; (b) site improvements or preparation costs ; (c) installation of public utilities , parking facilities , streets , roads , sidewalks , or other similar public improvements ; (d ) administrative costs , including the allocated cost of the Authority ; and (e) public park facilities , facilities for social , recreational , or conference purposes , or other similar public improvements . (4) for properties sold to developers , the total cost of the property to the Authority and the price paid by the developer; and (5) the amount of increments rebated or paid to developers or property owners for privately financed improvements or other qualifying costs . Additional information which must be annually reported to the State Auditor, by July 1 of each year, includes : ( 1 ) for the entire City : ( a ) the total principal amount of nondefeased tax increment bonds outstanding at the end of the previous calendar year; and ( b) the total amount of principal and interest payments that are due for the current calendar year on tax increment bonds . (2 ) for each tax increment financing district in the City : (a) the type of district ; ( b) the date the TIF District is required to be decertified ; (c) the amount of any payments and the value of in - kind benefits , such as physical improvements and the use of building space , that are financed with revenues from increments and are provided to another governmental unit during the preceding calendar year; (d ) the tax increment revenues for taxes payable in the current calendar year; (e) whether the TIF Plan permits tax increment revenues to be expended for activities located outside of the TIF District , and S SPRINGSTED Page 12 City of Eden Prairie, Minnesota (f) any additional information that the State Auditor may require . The Authority must also annually publish in a newspaper of general circulation in the City an annual statement for each tax increment financing district showing the tax increment received in that year, the original and captured net tax capacity , the amount of outstanding bonded indebtedness , the amount of increments paid to other governmental bodies , the amount paid for administrative costs , the sum of increment paid , directly or indirectly , for activities and improvements located outside of the district , the increase in property taxes if a fiscal disparity contribution is being made from outside of the district , and any additional information the Authority deems necessary . The Authority must publish the annual statement for a year by July 1 of the next year and must provide a copy to the State Auditor by the time it submits the annual statement for publication . % SPRINGSTED Page 13 EXHIBIT F ig 1-1 z ; ( a ~ \\ El -re, ,� � �, js\ 4' . ... 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EXHIBIT I (Continued ) -� rf�`�� �1 ....S., :c);✓ l 1 1 I \ r a I '� 1 14•\.44\ -.:1-16-4- ►- I i , I \ 1 \ i x x pl R y j / ' : : : : : , . : Ey : , ; : . r : �. ° 1 , i rs _ NT }�....• ••0 "•-•••••\ - ---) 1 1 tie ii-( , < I • r• • AO' .� i Il r mot : • � ,, �, tNYEa � a • EN j <� �� �/ COURT I , + ,, w ' t rA. tit I • e , 4 f I n.;a f .. l 71 i 1141 1 h, r II lipscougi 0 • i; 1 ma . 1 � . 1 • . ail "et .� �,; . HTIIIIIP11:411:411.111.1 sun . ' I 1z , , "N. r �` , :'�' ?08EF S . lay % . ! ar‘t 7 'S ' a: • 1 rSC/IC)\1‘1 Ll.....a> 144\4 4. 1 / V. . ‘ \ %1••••617,..ii•mill.."1"... Pli i IM; 47 6134 : ‘ p., Kc I ' �0n `� II `L - IZ Wt- r i " i0- 44 . / l • = COT \ „--7. 7.... . t ,i N. /I\� � -� nB� � A , ;, ti = 4Nc; 1 ) (17?: \ dilicir h ‘ „ er. • 1 � \ \ Al .0 � 1 \:\ . . ,. � • 1� rie "It 1~• • sAof 11 •--„,-.., - q ; '•t 3• -1 IF,;,r;•:;L':• :V i f <`lar ECrr.V.t _ ri -\--•:P. • ; i. 17 I V • Co ,a ►l R I I �_ 1 I Ir . • 1 r ( ` , ew , , w 7a TrSrIli 1•..m s.j \* r '„� � ' M t_ j t Via s ) C �. • • • . . . . . _ . ,..„, , . . . . . . .. .. . . . . \_ 1 .... . . . , . . 4 • ...A . , . , lin.: A sAa oRw I rEms,•„moo1, o • ,, 7 se. fa . I " arail - . .......X r� HI Tax Increment Financing District No . 14 N. N ( Housing ) EXHIBIT I ( Continued ) 517E iAIA tr. _ •.373a S.F. (2.7 ACAtt1 ' i4+'rrFi t .,. . ... .. kn. . 2L"ls S.F ;2 0 Aatel ' ' r `^ . , vq .. .� ... ,.+ _ -- i i T:"!ti, 9f. .fie , a � t ( ` • 37/,7_39P. 63ARES) I w T—.mews :w. .o tail 'III weft ✓ r ` ' Aer e:•,r•I bi rARI�6tSyyU RE:'tAREP I , ?IJNv ;./� , i t • � •! • I 2'. � • % iJ 0 II if Lh " r !• j oaffrikis .= r ' I �j < �`u /.f' I ` I EL' :hGJ 5.7. (DDES VC' IMLLvOE GAR > Zs C;;c4 ' /ell% N-s.. 171 \r•--- ''-''Th'•‘.r.‘. \\ 1I L.AY • j I 5 1 . .1e� . tloo 41. • I "`/\ %~ a?^ F c;STSTyp :', DtAI e s 82S 9Ft l i I AULP2•6 a tt (TY / rI �\ 'I — IF• � '.1 �. � • `--7, N 't, ,`1 I I /' ( 6UC.7rG'0• 9R • -2u5 ° ,.� • ' 1 X . •- ' it 2 �35R. - :i16 aF • ! fit„r' H + r1 •Jl1/41 /�� •lqgt :x.�a . *to. ! I GRCL' 9 _. . :GL'JDIFY.+ ra�`R.A�=ES •F I i �� Ii / �• ` I ) A ./ t1i�Jf fl.G.'R !AEA a S7.S,76 flP. 1\ . , , ,,[ ` ,/�"� 1 j 9E:OM'1 RDDR .AR6A . 1629D 3 f. 3 \\ ,, ``Y ,... iil \ IJ — �.,� 1 i� r0*A1 nREA = sa9B =_ \�. \ ! f' ' �� 1 Ll?T �%• / I x c ce99 RpaR AREA • 'A& 5 6F. (sG \, �., / I :Meg AREA RA 7 . 21 _ ram, \\ - s ( _ . • L1 '':;' ; } DE'SrTY . 9f. Urtt9 P ACRE a ; low� . �. ` ,. = �K` • ` '� 1 �� a I IN J i srra AREA PtR DwELJNG = 44.3.13.F. g iI �`� ; / v i �—Ii - • .-. — — -- — 2° sae: •S •:-�•-- . . % I• I II I • ,�, / .,: I , �rr�,. ii Tax Increment Financing District No. 14 ( Housing ) • EXHIBIT II Assumptions Report I City of Eden Prairie , Minnesota Tax Increment Financing ( Housing ) District No. 14 Edenvale Townhome Project ( Qualified) Type of Tax Increment Financing District Qualified Housing Maximum Duration of TIF District 25 years from 1st increment Certification Request Date 09/01 /97 Decertification Date 12/01 /23 (25 Years of Increment) 1997/1998 1997/1998 1998/1999 1997/1998 Base EMV 4d Rate ( 1 ) $442 , 000 4d Rate ( 11 $442 , 000 Times : Land @ 2 . 90% 12, 818 Land @ 1 . 00% 4 ,420 Building @ 2 . 00% 0 Building @ 1 . 00% 0 Original Net Tax Capacity $ 12 , 818 $4,420 Assessment/Collection Year 1997/1998 1998/1999 1999/2000 2000/2001 Base Estimated Market Value $442 , 000 $442, 000 $442, 000 $442 , 000 Increase in Estimated Market Value (2) 0 2 , 880, 000 2 , 880, 000 2,880,000 Total Estimated Market Value $442, 000 $3 , 322 , 000 $3 , 322 , 000 $3, 322, 000 Times : Land Class Rate 12 , 818 4 ,420 4 , 420 4 ,420 Building Class Rate 0 28 , 800 28, 800 28 , 800 Total Net Tax Capacity $ 12 , 818 $33 ,220 $33, 220 $33 ,220 Base Inflation Factor NA Local Tax Capacity Rate . 131 . 810% Fiscal Disparities Contribution From TIF District NA Administrative Retainage Percent (maximum = 10%) 10 . 00% Pooling Percent 0 . 00% City Tax Rate (Only if Local-Effort TIF) NA Bonds Loan ( Pay-As-You-Go) Bonds Dated NA Loan Dated 09/01 /97 First Interest Date NA Loan Rate 8 . 50% Underwriters Discount NA LGA/HACA Loss: Will Annual Local Contribution Be Made (Yes or No)? Yes I . S . D #272 Equalized Tax Capacity Rate NA I . S . D #272 Sales Ratio NA City Sales Ratio & Taxable Net Tax Capacity NA NA Present Value Date & Rate 09/01 /97 5.00% ( 1 ) Pay 1999 rates are estimates as per State of Minnesota. (2) Based on a projection of 32 units at $90 , 000/unit. Prepared by : Springsted Incorporated (printed on 7/2/97 at 11 : 54 AM) TIFINC82 .XLS EXHIBIT III 0 J 1 X . . _ N a) M _M CO in M_ CO M_ CO Cr) CO CO CO_ _M _M in _M M_ CO CO CO in CO CO CO CO_ O N.LO C•)CO N z C O O N M M M M M M M M M M M M M M M M M M M M M M M M M to Q cZ ...r, c9 P CC C 0000000000000000000000000000 000000000000000000000000000 0 0 69 in 76 7 0 r. O D O 0 r ET. 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II C o C C C U aal .0 a) a) 0-al a) Co a) E E O a) 0) c etc X •C O a) CIS a C o •c >' am 0) CA o fA f0 I- a O -00 a) a 11 .wo 0I- a c U W a E a) a) O W C N X a) COa ti m r a. o C � u) ~ ~ 2 c �o d 1 c a L V I� U 2 0 0 Fo- ' � e , 1 61 REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO . 5 1 S 1 Prepared By : Casserly Molzahn & Associates , Inc . Suite 1100 Southpoint Office Center 1650 West 82nd Street Minneapolis , Minnesota 55431 ( 612 ) 885 - 1298 ARTICLE I REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO . 5 Section 1 . 1 . Definitions . The terms defined below shall , for purposes of this Redevelopment Plan , have the meanings herein specified , unless the context otherwise specifically requires : " Act " means the Housing and Redevelopment Act , Minnesota S tatutes , Sections 469 . 001 through 469 . 047 , inclusive , as amended and supplemented from time to time . " Authority " means the Housing and Redevelopment Authority of t he City of Eden Prairie , Minnesota , a body corporate and politic organized under the laws of the State of Minnesota . " City " means the City of Eden Prairie , a municipal corporation and political subdivision of the State of Minnesota . " Comprehensive Plan " means the City ' s Comprehensive Plan which contains the objectives , policies , standards and programs t o guide public and private land use , development , redevelopment and preservation of all lands and water within the City . " Council " means the City Council of the City . " County " means the County of Hennepin , Minnesota . " Land Use Regulations " means all federal , state and local laws , rules , regulations , ordinances and plans relating to or governing the use or development of land in the City , including but not limited to environmental , zoning and building code laws and regulations . " Metropolitan Livable Communities Act " means the Metropolitan Livable Communities Act , Minnesota Statutes Section 473 . 25 et . Seq . As amended and supplemented from time to time . " Project " means the Project Area and the public improvements and facilities to be constructed within the Project Area , as more fully described in Section 1 . 5 . of the Redevelopment Plan . " Protect Area " means the real property located within the g eographic boundaries of Redevelopment Project No . 5 as defined in Minnesota Statutes , Section 469 . 002 , Subdivision 14 . " Public Costs " means the costs eligible to be financed by t ax increments under Minnesota Statutes , Section 469 . 176 , S ubdivision 4 . 1 - 1 " Redevelopment Plan " means the Redevelopment Plan for the P roject Area , approved and adopted by the Authority and the Council as defined in Minnesota Statutes , Section 469 . 002 , S ubdivision 16 . " Special Assessment Bonds " means the special Assessment bonds issued by the City to finance certain public improvements within the Project Area . The term " Special Assessment Bonds " shall also • include any obligations issued to refund the Special Assessment Bonds . " State " means the State of Minnesota . " Tax Increment Bonds " means any general obligation or revenue tax increment bonds issued and to be issued by the City t o finance the public costs associated with the Project Area as stated in the Redevelopment Plan and in the tax increment financing plan for each tax increment financing district within t he Project Area . The term " Tax Increment Bonds " shall also include any obligations issued to refund the Tax Increment Bonds . " Tax Increment Act " means the Tax Increment Financing Act , Minnesota Statutes , Sections 469 . 174 through 469 . 179 , inclusive , as amended and supplemented from time to time . " Tax Increment District " means any tax increment financing d istrict presently established or to be established in the future within the Project Area . " Tax Increment Financing Plan " means the respective tax increment financing plan for each Tax Increment District located within the Project Area . Section 1 . 2 . Statement and Finding of Public Purpose . The Commissioners ( the " Commissioners " ) of the Authority have determined there is a need for the Authority to take certain actions designed to encourage , ensure and facilitate development and redevelopment by the private sector of underutilized and unused land located within the corporate limits of the City in o rder to provide additional employment opportunities for ✓ esidents of the City and the surrounding area , to improve the tax base of the City , the County and Independent School District No . 272 ( the " School District " ) thereby enabling them to better utilize existing public facilities , provide needed public services , and to improve the general economy of the City , the County and the State . Specifically , the Authority has determined that the property within the Project Area is either underutilized o r unused due to a variety of factors , which has resulted in a lack of private investment . As a result , the property is not providing adequate employment opportunities , and is not 1 - 2 contributing to the tax base and general economy of the City , the S chool District , the County and the State to its full potential . Therefore , the Authority has determined to exercise its authority to develop , implement and finance a program for improving the Project Area within the City to provide an impetus for private development and redevelopment , to maintain and increase employment , to utilize existing potential , to provide new affordable ownership housing units and new affordable rental housing units , and to provide other facilities as are outlined in S ection 1 . 4 . of the Redevelopment Plan . The Authority has also determined that the proposed d evelopment or redevelopment would not occur solely through private investment in the foreseeable future , that the tax increment financing plans proposed herein are consistent with the Redevelopment Plan , and that the tax increment financing plans will afford maximum opportunity consistent with the sound needs o f the municipality as a whole for the development or ✓ edevelopment of the Project Area by private enterprise . The Authority finds that the welfare of the City as well as t he State requires active promotion , attraction , encouragement and development of economically sound housing , industry and commerce to carry out its stated public purpose objectives . Section 1 . 3 . Statutory Authority . The Authority has d etermined that it is desirable and in the public interest to designate a specific area within the corporate limits of the City as the Project Area and to establish , develop and implement a Redevelopment Plan pursuant to the Act . Funding of the necessary activities and improvements in the P roject Area shall be accomplished through tax increment financing in accordance with the Tax Increment Act . The Tax Increment Act authorizes the establishment of any t ax increment district within the Project Area as set forth in S ection 469 . 174 of the Tax Increment Act . The Tax Increment Act also designates the limitations and requirements that apply to activities and public improvements which can be financed for each t ype of tax increment district . Section 1 . 4 . Statement of Objectives . The Authority has d etermined that the establishment of the Project Area will provide the City with the ability to achieve certain public purpose goals not otherwise obtainable in the foreseeable future without City intervention in the normal development or redevelopment process . The public purpose goals include : restoration and improvement of the tax base and tax revenue 1 - 3 generating capacity of the Project Area , increased employment opportunities , realization of comprehensive planning goals , ✓ emoval of blighted conditions , revitalization of the property within the Project Area to create an attractive , comfortable , convenient , and efficient area for housing , industrial , commercial and related uses . The Authority and Council seek to achieve the following Redevelopment Plan objectives : 1 . Promote and secure the prompt development or ✓ edevelopment of certain property in the Project Area , which property is not now in productive use or in its highest and best u se , in a manner consistent with the City ' s Comprehensive Plan and with a minimum adverse impact on the environment , and thereby promote and secure the development or redevelopment of other land in the City . 2 . Promote and secure additional employment opportunities within the Project Area and the City for residents of the City and the surrounding area , thereby improving living standards , ✓ educing unemployment and the loss of skilled and unskilled labor and other human resources in the City . 3 . Secure the increase of property subject to taxation by t he City , the School District , the County , and other taxing jurisdictions in order to better enable such entities to pay for governmental services and programs required to be provided by t hem . 4 . Provide for the financing and construction of public improvements in and adjacent to the Project Area necessary for t he orderly and beneficial development or redevelopment of the P roject Area and adjacent areas of the City . 5 . Promote the concentration of new desirable residential , commercial , office , and other appropriate development or redevelopment in the Project Area so as to maintain the area in a manner compatible with its accessibility and prominence in the City . 6 . Encourage local business expansion , improvement , d evelopment or redevelopment whenever possible . 7 . Create a desirable and unique character within the P roject Area through quality land use alternatives and design quality in new and remodeled buildings . 8 . Encourage and provide maximum opportunity for private d evelopment or redevelopment of existing areas and structures which are compatible with the Redevelopment Plan . 1 - 4 9 . Provide new ownership housing units and new affordable ✓ ental housing units consistent with the Metropolitan Livable Communities Act goals adopted by the Metropolitan Council . S ection 1 . 5 . Estimated Public Costs . The estimated costs o f the public improvements to be made within the Project Area and financed by tax increments derived from tax increment districts within the Project Area are described on the attached Exhibit I - A . S ection 1 . 6 . Environmental Control . The proposed d evelopment or redevelopment in the Project Area does not present significant environmental concerns . All municipal actions , public improvements and private development or redevelopment shall be carried out in a manner consistent with existing e nvironmental standards . S ection 1 . 7 . Administration and Maintenance . Maintenance and operation of the public improvements will be the ✓ esponsibility of the City Manager who shall also serve as Administrator of the Project Area . Each year the Administrator will submit to the Council the maintenance and operation budget for the following year . The Administrator will administer the Project Area pursuant t o the provisions of the Act and the Tax Increment Act ; provided , however , that such powers may only be exercised at the direction o f the Authority . No action taken by the Administrator pursuant t o the above - mentioned powers shall be effective without authorization by the Authority . S ection 1 . 8 . Rehabilitation . Owners of properties within t he Project Area will be encouraged to rehabilitate their properties to conform with the applicable state and local codes and ordinances as well as any design standards . Owners of properties who purchase property within the Project Area from the City may be required to rehabilitate their properties as a condition of sale of land . The City will provide such ✓ ehabilitation assistance as may be available from federal , state , or local sources . S ection 1 . 9 . Eligible Developer or Redeveloper . A d eveloper or redeveloper may be any person , business , corporation o r government unit , including the Authority . A developer or ✓ edeveloper may initiate a plan and participate with the Authority in the development or redevelopment thereof . S ection 1 . 10 . Relocation . The City accepts its ✓ esponsibility for providing for relocation , if and when applicable , pursuant to Minnesota Statutes , Section 469 . 030 . 1 - 5 Section 1 . 11 . Boundaries . The Boundaries of . the Project Area are described on the attached Exhibit I - B and illustrated on Exhibit I - C . Section 1 . 12 . Parcels to be Acquired . The Authority may publicly acquire and reconvey any or all of the parcels identified on the attached Exhibit I - B . The following are conditions under which properties not designated to be acquired may be acquired at a future date : ( 1 ) The City may acquire property by gift , dedication , condemnation or direct purchase from willing sellers in order to achieve the objectives of the Tax Increment Financing Plan ; and ( 2 ) Such acquisition will be undertaken only when there is assurance of funding to finance the acquisition and related costs . 1 - 6 EXHIBIT I - A ESTIMATED PUBLIC COSTS AS ORIGINALLY ADOPTED DECEMBER 17 , 1996 Acquisition $ 15 , 000 , 000 Economic Development $ 3 , 000 , 000 Housing $ 2 , 000 , 000 Redevelopment $ 10 , 000 , 000 Relocation , Site Work , Utility Hook - Up , Traffic Control , Public Right - of - Way Costs $ 5 , 500 , 000 Economic Development $ 1 , 500 , 000 Housing $ 1 , 000 , 000 Redevelopment $ 3 , 000 , 000 Environmental Costs $ 1 , 900 , 000 Economic Development $ 300 , 000 Housing $ % 150 , 000 Redevelopment $ 1 , 450 , 000 Administrative Costs , Consultants ' Fees $ 2 , 550 , 000 Economic Development $ 700 , 000 Housing $ % 350 , 000 Redevelopment $ 1 , 500 , 000 Contingency $ 1 , 050 , 000 Redevelopment $ 1 , 500 , 000 Total $ 26 , 000 , 000 Maximum Estimated Total Bonded Indebtedness * $ 30 , 000 , 000 * This amount includes capitalized or accrued interest in an amount sufficient to pay interest on the bonds from the date of issue until the date of collection of sufficient tax increment revenue to meet scheduled interest payments when due . This amount also incorporates costs for the redevelopment of the Eden Prairie Center , the redevelopment of various commercial and industrial properties and the costs of providing housing consistent with the Metropolitan Livable Communities Act . 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116 -22-22-0015 ii 01 - 116-22-43-0014 03- 116 -22- 12 -0354 03- 116 -22 - 12-0412 03- 116 -22- 13 -0030 03 - 116-22-22-0017 03 - 116-22- 12-0005 03- 116-22- 12-0355 03- 116 -22 - 12-0413 03- 116 - 22- 13 -0031 03 - 116 -22-22-0019 , . 03 - 116-22- 12-0137 03 - 116 -22- 12 -0356 03- 116-22- 12-0414 03- 116-22- 13 -0032 03- 116-22-22-0020 • 03- 116-22- 12-0138 03- 116-22- 12-0357 - 03- 116 -22- 12-0415 03- 116-22- 13 -0033 03 - 116 -22 -22-0021 03- 116-22- 12-0161 03- 116-22- 12-0358 03- 116 -22- 12-0416 03- 116 -22- 13 -0034 03 - 116-22 -22-0022 03- 116-22- 12-0194 03 - 116-22- 12-0359 • 03- 116 -22- 12-0417 03 - 116 -22- 13 -0035 03- 116-22-22-0023 03- 116-22- 12-0215 03 - 116 -22- 12-0360 03- 116 -22- 12-0418 03- 116 -22- 13 -0036 03 - 116 -22-22-0026 03- 116-22- 12-0234 03 - 116-22- 12-0361 03- 116-22- 12-0419 03- 116 -22- 13 -0037 03- 116 -22-22-0027 03- 116-22- 12-0256 03 - 116-22-12-0362 03 - 116 - 22 - 12-0420 03-116 -22- 13 -0039 03- 116 -22-22-0029 03 - 116 -22- 12-0292 03 - 116- 22- 12-0363 03- 116 -22 - 12 -0421 03- 116 -22- 14 -0006 03- 116 -22-22-0030 03- 116-22- 12-0294 03 - 116-22- 12-0364 03 - 116-22- 12-0422 03- 116 -22- 14 -0007 03- 116 - 22-22-0031 03-116-22- 12-0309 03- 116-22- 12-0365 03- 116-22- 12-0423 03- 116 -22 - 14 -0008 03- 116-22-22-0032 03 - 116 -22- 12-0310 03- 116 -22- 12-0366 03-116-22- 12-0424 03- 116 - 22- 14-0009 03- 116-22-22-0033 03 - 116 -22- 12 -0311 03 - 116-22- 12-0367 03- 116 - 22- 12-0425 03- 116 -22- 14-0010 03 - 116-22-22-0034 03- 116-22- 12-0312 03-116-22- 12-0368 03- 116-22-12-0426 03-116-22- 14-0011 03-116-22-22-0035 03- 116-22-12-0313 03- 116-22- 12-0369 03- 116-22-12-0427 03- 116-22- 144)012 03- 116-22-22-0036 03- 116-22-12-0314 03-116-22-12-0370 03- 116-22 - 12-0428 03-116-22-14-0013 03-116-22-22-0037 03 - 116 -22- 12-0315 03-116-22- 12-0371 03- 116-22 - 12-0429 03- 116 -22- 14-0014 03- 116-22-22-0038 03 - 116-22- 12-0316 03 - 116-22- 12-0372 03- 116 -22- 12-0430 03- 116 -22- 14 -0015 03- 116 -22-23 -0001 '` 3 - 116 -22- 12-0317 03 - 116 -22- 12-0373 03- 116 -22- 12-0431 03- 116 -22- 14 -0016 03- 116 -22- 23 -0002 3 - 116 -22- 1 .2-0318 03- 116-22- 12-0376 03 - 116 -22- 12-0432 03- 116 -22- 14-0017 03- 116 -22-23-0003 03 - 116-22- 12-0319 03- 116-22- 12-0377 03- 116 -22- 12-0433 03- 116- 22- 14 -0018 03- 116-22-23-0004 03 - 116-22- 12-0320 03- 116-22- 12-0378 03- 116 - 22- 12-0434 03- 116 -22- 14-0019 03-116-22-23-0005 03-116-22-12-0321 03-116-22-12-0379 03- 116-22-12-0435 ' 03-116-22-14-0020 03-116-22-23-0006 03-116-22-12-0322 03-116-22-12-0380 03-116-22-12-0437 03-116-22-14-0021 03-116-22-23-0007 03 - 116-22- 12-0323 03- 116 -22- 12-0381 03- 116-22- 12-0439 03- 116 - 22- 14-0022 03- 116 -22-23 -0008 03- 116 -22- 12-0324 03- 116-22- 12-0382 03- 116 -22- 12-0442 03- 116 -22- 14-0023 03 - 116-22-23-0009 03 - 116 - 22- 12-0325 03- 116-22- 12-0383 03- 116-22- 12-0443 03- 116-22 - 14 -0024 03 - 116-22-23-0010 03- 116 -22- 12-0326 03- 116-22- 12-0384 03- 116-22- 12-0444 03 - 116- 22- 14-0025 03 - 116-22-23 -0011 03- 116-22- 12-0327 03- 116-22- 12-0385 03- 116-22- 12-0445 03 - 116-22- 14 -0026 03- 116 - 22-23 -0012 03-116-22- 12-0328 03 - 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T - C - 1 City of Eden Prairie, Minnesota Eden Prairie Housing and Redevelopment Authority Administrative Amendment to Tax Increment Financing Plan for Tax Increment Financing (Housing) District No. 14 (Edenvale Townhome Project) Approved: August 5, 1997 Administrative Amendment Approved: April 17, 2007 Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, MN 55101-2887 (651) 223-3000 Introduction The purpose of the Administrative Amendment to the Tax Increment Financing District No. 14 is to make an a line-item adjustment to the Uses of Funds and Sources of Revenue. This amendment will not increase the overall size of the budget. The sections specifically being modified are Subsections K & L. This amendment does not reflect all the legislative changes that have occurred since original adoption, and may not reflect fully the financial ramifications of all the TIF and property tax system changes. TABLE OF CONTENTS Section Page(s) Subsection K Estimated Public Costs 1 Subsection L Estimated Sources of Revenue 1 City of Eden Prairie, Minnesota Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. Original Budget Administrative August 5, 1997 Amendment April 17, 2007 Land/building acquisition $330,000 $375,000 Site improvements/preparation costs 50,000 50,000 Installation of public utilities 50,000 0 Parking Facilities 0 0 Bond interest payments 0 0 Loan principal payments 0 0 Loan/note interest payments 0 0 Administrative expenses 50,000 25,000 Capitalized interest 20,000 0 Other (eligible TIF pooling activities) 0 50,000 Subtotal $500,000 $500,000 Transfers out 0 0 Total $500,000 $500,000 The Authority reserves the right to adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. Section L Estimated Sources of Revenue The Authority anticipates providing financial assistance to the proposed development through the use of a pay-as-you-go technique. As tax increments are collected from the TIF District in future years, a portion of these taxes will be distributed to the developer/owner as reimbursement for public costs incurred (see Section K of original TIF Plan). Original Budget Administrative August 5, 1997 Amendment April 17, 2007 Tax increment revenue $500,000 $500,000 Interest on invested funds 0 0 Bond proceeds 0 0 Loan proceeds 0 0 Real estate sales 0 0 Special assessments 0 0 Rent/lease revenue 0 0 Grants 0 0 Other 0 0 Subtotal $500,000 $500,000 Transfers in 0 0 Total $500,000 $500,000 The Authority reserves the right to finance any or all public costs of the TIF District using pay- as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY CITY OF EDEN PRAIRIE HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. RESOLUTION ADOPTING A MODIFIED TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 14 WITHIN REDEVELOPMENT PROJECT NO.5 WHEREAS, the Board of Commissioners (the "Board") of the Eden Prairie Housing and Redevelopment Authority (the "HRA") has heretofore established Redevelopment Project No. 5 (the "Project Area") and adopted the Redevelopment Plan therefor. It has been proposed by the Board and the City of Eden Prairie (the "City") that the City adopt a modification to the Tax Increment Financing Plan (the"TIF Plan Modification")for Tax Increment Financing District No. 14 within Redevelopment Project No. 5, all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047, and Sections 469.174 to 469.1794, inclusive, as amended(the "Act"), all as reflected in the TIF Plan Modification and presented for the Board's consideration; and WHEREAS, the HRA has investigated the facts relating to the TIF Plan Modification and has caused the TIF Plan Modification to be prepared; and WHEREAS, the HRA has performed all actions required by law to be performed prior to the adoption of the TIF Plan Modification, and has also requested that the City schedule a public hearing on the TIF Plan Modification upon published notice as required by law. NOW, THEREFORE,BE IT RESOLVED by the Board as follows: 1. The HRA hereby finds that the TIF Plan Modification is intended and, in the judgment of this Board, the effect of such actions will be to provide an impetus for development for public purposes and accomplish certain objectives as specified in the TIF Plan Modification,which is hereby incorporated herein. 2. The HRA further finds that the TIF Plan Modification will afford maximum opportunity, consistent with the sound needs for the City as a whole, for the development or redevelopment of the Project Area by private enterprise in that the intent is to provide only that public assistance necessary to make the private developments financially feasible. 3. The boundaries of the Project Area are not being expanded. 4. The reasons and facts supporting the findings in this resolution are described in the TIF Plan Modification. 5. Conditioned upon the approval thereof by the City Council following its public hearing thereon, the TIF Plan Modification is hereby approved in substantially the form presented to the HRA on this date. 6. Upon approval of the TIF Plan Modification by the City Council, the staff, the HRA's advisors and legal counsel are authorized and directed to proceed with the implementation of the TIF Plan Modification and, for this purpose, to negotiate, draft, prepare and present to this Board for its consideration all further plans,resolutions, documents and contracts necessary for this purpose. Approval of the TIF Plan Modification does not constitute approval of any project or a development agreement with any developer. 7. Upon approval of the TIF Plan Modification by the City Council, the Executive Director is authorized and directed to forward a copy of the TIF Plan Modification to the Minnesota Department of Revenue, the Office of the State Auditor, and Hennepin County pursuant to Minnesota Statutes 469.175, Subd.4a. President ATTEST: Secretary 2 CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations July 19, 2016 DEPARTMENT: ITEM DESCRIPTION: Jay Lotthammer, Director, ITEM NO.: IV.A. Parks and Recreation Recognition of Extraordinary Efforts Requested Action Move to: Recognize Eden Prairie Employees Gillian Rieder, Isaac Anderson and Jake Anderson for going above and beyond to render care to an injured citizen in need. Synopsis On Friday, June 24, several Eden Prairie Aquatics employees were leaving a training session at the Community Center. On their way home, they came across a man who had become injured while bike riding. They stopped, called for help and provided medical assistance. Narrative as told by Isaac Anderson: After the In-service on Friday, I was driving home along Valley View past the church near the High School, when I noticed cars parked on the side of the road. I saw Gillian get out of her car and run across the road. I looked over and on the walking trail there was a woman taking off a man's shirt. The man had blood streaming from his head and face. I told Jake to call 911, I, grabbed my lifeguard pack, and ran over to help. Gillian had her towel and wrapped it around the man's head to put pressure on the bleed and allow him to rest his head. The woman (who happened to be a nurse) held his head still while Gillian and I helped with other injuries. A construction worker came over with a first aid kit and we used alcohol wipes to clean the other major wounds and put gauze over them. I held his hand and we all comforted him while we waited for EMS. His major injury was a deep gash across his head. We asked if he had allergies and if he had any meds, and it turns out that he was on blood thinners. We kept him as comfortable as we could until EMS came. Narrative as told by Gary (whom the lifeguards rendered aid to): I would like to thank the life guard training classes and especially three great kids for their helping me when I wiped out on my bike, last Friday morning! Thanks to your quick actions to stop the bleeding and save my life! Words can't express my gratitude for your heroic actions! Isaac and Jake Anderson and Gillian Rieder- -a deep hearted thank you!I am doing fine and healing fast! Thanks again hope I could meet and thank you in person someday! Background Information These three courageous individuals were recognized not only by our great community for their heroic service, but also by local news channels. Thank you all for being exemplary representatives for the City and for your extraordinary efforts! CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B. Jay Lotthammer, Parks and Donation of a Greenhouse at Staring Lake Recreation Director Outdoor Center Requested Action Move to: Adopt the Resolution accepting donation of a Greenhouse from members of Girl Scout Troop #14282 as an addition to the Learning Garden at Staring Lake Outdoor Center. Synopsis The Staring Lake Outdoor Center is home to a Learning Garden, established as an educational setting for children and adults to learn about the life cycle of plants. The addition of a greenhouse allows for the propagation of seeds in a more controlled environment, allowing for expansion of the growing season and further variety in what is grown and harvested. This Greenhouse project was initiated and undertaken by four members of Girl Scout Troop 14282—Carmen Casper, Cecilia Casper, Sarah Kurtenbach and Tori Schneider- as a Silver Project Award. The scouts were advised by Lisa Casper. The project involved research, planning, community involvement, fund-raising, and the actual construction of the greenhouse. In order to raise the $2,237 spent on the project, the scouts sold their own original art at art fairs, offered face-painting, and sold Girl Scout cookies and other items through scout fund raisers. Each scout donated in excess of 50 hours of volunteer time to the project. The goal of the project was to create something sustainable that involves the community. This greenhouse will allow the Outdoor Center staff and volunteers more opportunities to expand programming and give young people the chance to learn about how their food is grown. Attachments Resolution Photo CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of a Greenhouse valued at $2,237 from Girl Scout Troop #14282 is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 19th day of July, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk i 1 I -11 F-4, . / * rg � , V , 4- Y it..... ; N. ,' N. I " r, \ ! " ,,.: n ,. 4 /, k' �= - '_ CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C. Jay Lotthammer, Director, Donation to Veterans Memorial in memory Parks and Recreation of Bud Schwartz by Baugh Family Requested Action Move to: Adopt the Resolution accepting the donation in the amount of$200 for the Eden Prairie Veterans Memorial in memory of Bud Schwartz from the Baugh Family. Synopsis The Eden Prairie Veterans Memorial is located in Purgatory Creek Park and was dedicated on Veterans Day 2008. The City of Eden Prairie owns the park and is the memorial's custodian. The Veterans Wall of the Memorial honors individuals who have served in the U.S. military and the Honor Wall pays tribute to those from Eden Prairie who have laid down their life in order to ensure our freedom. All veterans are welcome and are not required to be from Eden Prairie to be included in this memorial. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$200 to be towards the Eden Prairie Veterans Memorial in memory of Bud Schwartz from the Baugh family is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 19th day of July, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.D. Jay Lotthammer, Director, Donation to Veterans Memorial in memory Parks and Recreation of Bud Schwartz by Dorothy Schwartz Requested Action Move to: Adopt the Resolution accepting the donation in the amount of$150 for the Eden Prairie Veterans Memorial in memory of Bud Schwartz from Dorothy Schwartz. Synopsis The Eden Prairie Veterans Memorial is located in Purgatory Creek Park and was dedicated on Veterans Day 2008. The City of Eden Prairie owns the park and is the memorial's custodian. The Veterans Wall of the Memorial honors individuals who have served in the U.S. military and the Honor Wall pays tribute to those from Eden Prairie who have laid down their life in order to ensure our freedom. All veterans are welcome and are not required to be from Eden Prairie to be included in this memorial. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$150 to be towards the Eden Prairie Veterans Memorial in memory of Bud Schwartz from Dorothy Schwartz is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 19th day of July, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.E. Jay Lotthammer, Director, Donation to Veterans Memorial in memory Parks and Recreation of Bud Schwartz by Shellum Family Requested Action Move to: Adopt the Resolution accepting the donation in the amount of$300 for the Eden Prairie Veterans Memorial in memory of Bud Schwartz from the Shellum family. Synopsis The Eden Prairie Veterans Memorial is located in Purgatory Creek Park and was dedicated on Veterans Day 2008. The City of Eden Prairie owns the park and is the memorial's custodian. The Veterans Wall of the Memorial honors individuals who have served in the U.S. military and the Honor Wall pays tribute to those from Eden Prairie who have laid down their life in order to ensure our freedom. All veterans are welcome and are not required to be from Eden Prairie to be included in this memorial. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$300 to be towards the Eden Prairie Veterans Memorial in memory of Bud Schwartz from the Shellum family is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 19th day of July, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JUNE 14, 2016 CITY CENTER 5:00—6:25 PM,HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Finance Manager Sue Kotchevar, City Attorney Ric Rosow, and Recorder Jan Curielli Workshop-Heritage Room II I. 2017-2026 CAPITAL IMPROVEMENT PLAN (CIP) Getschow said this will be the second time we have reviewed the ten year CIP as part of our plan to review it every two years. The 2017-2026 CIP is a work in progress and will be adopted with the 2017 budget in December. Finance Manager Sue Kotchevar gave a PowerPoint presentation of the proposed CIP. She stated a construction project or capital purchase which costs more than $25,000 and has a useful life of more than five years will be included in the CIP. She gave a summary by department of the total $275,469,588 proposed CIP projects and a summary of the proposed funding sources. Tyra-Lukens asked if the funding from sources outside of the City has been pledged. Kotchevar replied outside funding is the amount anticipated to be received, while the sources highlighted in grey are from the City's funding sources. Aho asked about the IT equipment included in the list of projects because many IT-related items would have a maximum useful life of five years. Kotchevar said there may be some items under$25,000 such as software projects. Getschow said a lot of our storage is on a five- year plan to be upgraded. He noted the upgrade to the fiber network was a big capital project. Aho asked how much the liquor operations profit will be impacted by increased competition and what our plan is to deal with that impact. Kotchevar replied we have been conservative in our projections for the liquor operations as well as for our SuperValu income. If the liquor sales were to drop substantially, we would review the list of projects. Getschow said we are showing declines in the liquor operations fund for the next couple of years, but we are still able to fund these projects. Tyra-Lukens commented the increased overhead that would be required for Sunday liquor sales would be a part of the reason not to promote Sunday sales of liquor. City Council Workshop Minutes June 14, 2016 Page 2 Kotchevar reviewed the list of significant projects for the ten-year period. Tyra-Lukens asked about the Staring Lake Park Amphitheatre Reconstruction project. Lotthammer said we anticipate the seating structure will need to be reconstructed by 2023. Case asked about the fire communication systems projects. Esbensen said in 2019 we plan to replace the actual power system, and we kept the old system for redundancy when we switched to the new one. Aho asked if the tower/microwave project is related to that. Esbensen replied it is for that and also for communications. Getschow noted that is the back-up system now we have the fiber system. Ellis reviewed the Pavement Management Condition Index for 2015 as compared to 2011 and 2013. He noted we grade the pavement condition every two years on a system of 0 to 100, and the citywide average index for 2015 is 81. He reviewed the Pavement Management Fund, and said we have decided there is a need to be a little more aggressive in the treatment of our roads due to heavier usage, so that will mean an increase in the cost. Aho asked if we have a stated goal for our road conditions. Ellis replied we want to maintain an average of Very Good citywide. Ellis reviewed the Franchise Fee rates and revenue. He noted we have been at the $2.50 rate since 2013; however, to maintain our city-wide goal we would need to increase the franchise fee to $3.50 by 2018. Aho asked if the $1.00 increase is per utility. Ellis said that was correct. Getschow said our original plan when the franchise fees were put in place was to re-evaluate after five years. Ellis added our goal was not to get into a situation where assessments were necessary. Getschow said five years ago we were one of the first to earmark franchise fees for transportation, and now many comparable cities in the metro area have put franchise fees in place. He said next year staff will include information about other cities that are doing this. Case noted it is important to put the franchise fees in place at the right time as we did, rather than waiting too long and needing to have assessments as well as the franchise fees. Tyra-Lukens asked how the maintenance of our unpaved roads gets factored in. Ellis replied we do maintain the unpaved roads, and, when the time is right, will pave those. Tyra-Lukens asked if we include those roads in the twenty-year plan. Ellis said those are planned as future assessments. Tyra-Lukens asked how many miles of unpaved roads we have. Ellis said it is primarily Dell Road and Valley Road, and is probably about a mile; however, paving those roads would be funded by assessments, not franchise fees. Kotchevar reviewed the Park Improvement Fund projects and noted the funding will come primarily from Cash Park fees. Case asked how we would get cash park fees since we are not getting much new development. Kotchevar said we still project quite a bit of development to come in. Lotthammer said we will have redevelopment and reinvestment revenue. Aho noted at some point that revenue stream will be cut off and asked how we would then deal with maintenance of the parks. Getschow said we have reached that point with Staring Lake and Round Lake Parks, and that funding is programmed in the budget as capital maintenance. He said the Council will receive an update on the budget at the next meeting. Kotchevar reviewed the Economic Development Fund and projects related to that fund. She said there are not a lot of revenue sources for this fund. Jeremiah said we have some lease revenue. City Council Workshop Minutes June 14, 2016 Page 3 Tyra-Lukens asked about the streetscape project for Presbyterian Homes and Prairie Center Drive. Jeremiah said Presbyterian Homes have said they could start that development this year. Tyra-Lukens asked if the day care was purchased with the idea that it might be redeveloped at some point. Jeremiah said it was a right-of-way purchase with an expectation of value. We thought it would be a good idea to hold that because there was potential for redevelopment or for an LRT station parking site. Tyra-Lukens commented it doesn't look like we will need it for LRT, and there may be concerns about owning random pieces of land. Jeremiah said the lease on that small property would end in 2020, and we could potentially sell it at that point. Aho said, from a policy perspective, he was not in favor of holding property. It made sense to buy it at the time, but we don't need it now. He did not think we would need to wait to the end of the lease to sell it. Case said he did not think we should go out and look for land to buy, although it is a different question if it is land that falls into our hands. Aho said it may make sense to hold on for a few more years, but if we get some active interest in the property he would like to have it brought to the City Council. Kotchevar said staff is still reviewing the IT Internal Service Fund which includes a storage upgrade project. She said our debt burden is at 8.7%this year, and that percentage will come down every year. She said our future debt levies will be very stable from 2017-2023, but there will be a big drop in 2026 and 2027. At that point we plan to purchase three or four fire vehicles and will need a significant remodel of the police department area. Open Podium - Council Chamber II. OPEN PODIUM A. SYDNEY ASHTON—TOBACCO SAMPLING ORDINANCE Sydney Ashton, 3920 Excelsior Blvd., St. Louis Park, said she is a friend and customer of Tom Madden. She found it difficult to quit smoking until she tried e cigarettes three years ago. E cigarettes enabled her to quit smoking, so she understands first-hand the benefits of using them for that purpose. She said Mr. Madden provides a safe place for people to get educated on the products, and he provides quality products. B. ROBERT DWYER—TOBACCO SAMPLING ORDINANCE Robert Dwyer, a customer of Tom Madden's, said he used to smoke a pack of cigarettes a day, but vaping has changed his life. Nothing else worked for him to quit smoking until he tried vaping. He believed e cigarettes provide a safe alternative to tobacco. Tyra-Lukens asked what a container of vaping substance costs. Mr. Dwyer said it varies, but it is $17.99-$24.99 on average and depends on the brand and the quality. City Council Workshop Minutes June 14, 2016 Page 4 Case thanked Ms Ashton and Mr. Dwyer for sharing their stories. He said in 2001 and 2002 the Eden Prairie City Council led the campaign to ban smoking in public places. He believed there is a place for vaping as a medicinal treatment to break a cigarette habit. He was concerned vaping provides an entry point for high school kids to get into smoking regular cigarettes. He was not in favor of opening up the City for vaping, except for medicinal purposes to break a tobacco habit. C. TOM MADDEN—TOBACCO SAMPLING ORDINANCE Tom Madden, 19260 Lake Avenue, Deephaven, said a study done in England and published by the Royal College of Physicians found that e cigarettes were not a gateway to tobacco smoking. Tyra-Lukens said she did not believe a majority of the Council would support changing the tobacco sampling ordinance. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 14, 2016 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. Council Members Butcher Wickstrom and Nelson were absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. DONATION FROM KROMMINGA FAMILY FOR VETERANS MEMORIAL (Resolution No. 2016-70) Lotthammer said the Kromminga family members attended the recent ceremony at the Veterans Memorial and want to donate $1,000 to the memorial. MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2016-70 accepting the donation in the amount of$1000 from the Kromminga family for the Eden Prairie Veterans Memorial. Motion carried 3-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow added Item XIV.B.1. MOTION: Case moved, seconded by Aho, to approve the agenda as amended. Motion carried 3-0. VI. MINUTES CITY COUNCIL MINUTES June 14 2016 Page 2 A. COUNCIL WORKSHOP HELD TUESDAY, MAY 24, 2016 MOTION: Aho moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, May 24, 2016, as published. Motion carried 3-0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 24, 2016 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, May 24, 2016, as published. Motion carried 3-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR Getschow said Item VIII.C. should include the same condition that was included in the HRA motion that was just passed. A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 12-2016 AMENDING CITY CODE CHAPTER 6,RELATING TO RIGHT-OF-WAY AND ADOPT RESOLUTION NO. 2016-71 APPROVING SUMMARY ORDINANCE. C. APPROVE AMENDMENT TO EDEN GARDENS DEVELOPMENT AGREEMENT D. ADOPT RESOLUTION NO. 2016-72APPROVING APPOINTMENT OF ELECTION JUDGES FOR 2016 ELECTIONS E. ADOPT RESOLUTION NO. 2016-73 REGARDING SOUTHWEST LRT CORRIDOR-WIDE HOUSING STRATEGY F. ADOPT RESOLUTION NO. 2016-74 APPROVING MASTER JOINT POWERS AGREEMENT WITH MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE (MICAC) G. APPROVE WETLAND BUFFER MAINTENANCE AGREEMENT WITH RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT FOR SUNNYBROOK ROAD BASIN IMPROVEMENTS PROJECT H. APPROVE SUBMITTAL OF ANNUAL REPORT TO MPCA FOR PHASE II NPDES STORM WATER PERMIT PROGRAM CITY COUNCIL MINUTES June 14 2016 Page 3 I. APPROVE CITY ENTRY MONUMENT SIGNS AGREEMENT WITH VISUAL COMMUNICATIONS FOR CONSTRUCTION AND ENGINEERING PLANS J. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH WSB FOR STARING LAKE PLAY AREA K. AWARD CONTRACT TO DULUTH COATING SOLUTIONS FOR FLOOR RESTORATION AT FIRE STATIONS 2 AND 4 L. AWARD CONTRACT TO MIDWEST ASPHALT CORPORATION FOR 2016 BITUMINOUS TRAIL REHABILITATION AND PEDESTRIAN RAMP INSTALLATION M. AWARD CONTRACT TO BLACKSTONE CONTRACTORS,LLC FOR SUNNYBROOK ROAD BASIN IMPROVEMENTS PROJECT N. AWARD CONTRACT TO SEBCO,INC. FOR 2016 BUILDING ENVELOPE RESTORATION O. AWARD CONTRACT TO LAVAN FLOORING FOR CITY CENTER CARPET REPLACEMENT P. AWARD CONTRACT TO CAVE CAFE,LLC FOR FOOD SERVICES IN THE GARDEN ROOM Q. ADOPT RESOLUTION NO. 2016-75 APPROVING PARTICIPATION IN THE PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY THE COUNCIL ON LOCAL RESULTS AND INNOVATION R. APPROVAL OF CONTRACT WITH NATIONAL RESEARCH CENTER FOR 2016 COMMUNITY SURVEY MOTION: Aho moved, seconded by Case, to approve Items A-R on the Consent Calendar. Motion carried 3-0. IX. PUBLIC HEARINGS/MEETINGS A. PRAIRIE VIEW ENCLAVE by Dave Weekley Homes-Minnesota. Request for Zoning District change from Rural to RI-13.5 on 10.71 acres and Preliminary Plat of 18 lots and 1 outlot on 10.71 acres. Location: 12701 Pioneer Trail. (Ordinance for Zoning District Change; Resolution for Preliminary Plat) Getschow said this project is the subdivision of 10.71 acres into 18 lots and 1 outlot. The preliminary plat shows 18 single-family lots at a gross density of 1.7 units per acre. The lot sizes range from 13,706 square feet to 22,191 square feet. The applicant is proposing a sidewalk along Surrey Street and connecting that CITY COUNCIL MINUTES June 14 2016 Page 4 sidewalk to the trail along Pioneer Trail. He said concerns about traffic issues were raised at the neighborhood meeting and at the Planning Commission meeting. The Planning Commission recommended approval of the project on a 7-0-1 vote at the May 23, 2016 meeting, with the recommendation that the project include a secondary access and that it not include the cul-de-sac. There is a recommendation from the Planning Commission for a temporary access for construction to help minimize the impact on the neighborhood. He understood we have received positive verification from the County that the temporary access is possible. There was an original request for a PUD with waivers for the length of the cul-de-sac, but that is not necessary if there is to be no cul-de-sac. Tyra-Lukens noted the materials included in the Council packet are confusing because some of the pages show the second access in different positions. Jeremiah said there are some inconsistencies and some pages need to be updated; however, that could be worked out prior to second reading. Ellis said we are having conversations with Hennepin County about a temporary access off Pioneer Trail. He thought there are additional design details to be worked out to see what the access would look like. Tyra-Lukens asked the proponent what the anticipated price range of the homes would be. Ian Peterson,proponent, replied they would be in the $600,000- $800,000 range. Tyra-Lukens then asked if there will be a monument sign for this development. Mr. Peterson replied there probably will not be one, but they are still considering alternatives. Case questioned the location of the development that appears to be partially in Zones A and B of the airport. He understood it was illegal to build in Zone A. Mr. Peterson said they received a letter from the Metropolitan Airport Commission (MAC)with a map that outlines permitted residential uses. In addition, today they received a letter from the FAA answering the Planning Commission's question about development near the white beacon and clearing four different sites for development. Aho commented the homes will be in very close proximity to the airport and asked if they will be doing anything different in terms of soundproofing. Mr. Peterson replied they will use soundproof windows and different insulation and may adjust the venting of the pipes. Tyra-Lukens asked if they will disclose information to potential buyers that they would be buying in the Airport Zone A or B. Mr. Peterson said that is required by the MAC, and they will disclose that information. Jeremiah noted we are double checking that with the MAC and will be requiring disclosure as part of the development agreement. Tyra-Lukens said she wanted to make sure the City was protected from owners complaining that we allowed development in that close proximity to the airport. Case asked what development is allowed within Zone B as he recalled there were CITY COUNCIL MINUTES June 14 2016 Page 5 restrictions. City Attorney Rosow said he reviewed this with the Planning Department. The JAZB zoning ordinance we worked on has never been adopted, and the MAC put a hold on the process. We are not under a requirement to restrict, and without an ordinance there would have to be another reason to not allow the development. Zone B of the airport property has a limit on the number of units within an acre, and this property would meet the requirements. This is not a matter for us to enforce, but rather it is for the MAC to decide. Case said he thought Zone A was under Federal jurisdiction with the FAA and Zone B came out of the State. Rosow said there is an overlap between Zones A and B in the Federal zone, so the no-build zone lines up with Zone A and Zone B lines up with the limitations on height and density of congregations of people per acre. Case said the bigger maps included in the Council packets are showing Zone A deliberately marked into Lot 15, making it difficult to build a house there. He asked Mr. Rosow if he was saying this is not our issue to enforce. Rosow replied it is for the MAC to enforce that requirement, and we don't have a zoning restriction in place. Case said, with respect to this, he has not known any development for the last twenty years that has included this much Zone A and B property, yet the MAC is approving it. He noted we have struggled over this for years, and this seems to be contrary to our experiences in the past. Rosow said Grace Church would be an example of a large congregation of people in one building. Case said he did not recall any development project on private property that had Zone A on one of the lots, and that had Zone B cutting across eight of the lots. He was very uncomfortable with this project. Rosow asked if the timing would work to continue this to the next meeting to go more fully into these questions. Jeremiah said we would have an opportunity to bring this back at the July Council meeting. Mr. Peterson said the March 9 letter to the City from the MAC advised that this is a permitted use for a residential area. The project has been with the City for some time. The determination from the MAC was that there is no hazard to air navigation for each of the four designated sites. Case said the letter seems to imply there is no hazard to aviation, but Zones A and B are there to protect people on the ground. He noted the Council Members are here to represent the residents. Tyra-Lukens asked if all of the documents we have seen from the developer will be included in the information for this plan. Jeremiah said we have the opportunity to add the documents from the MAC into the development agreement. Rosow said the State rule requirements with respect to Zone A are no building. Zone B is restricted as to uses and is based on site areas, building size, and the population. CITY COUNCIL MINUTES June 14 2016 Page 6 Case said he would favor continuing this in order to have more of the documentation and the letters back and forth from the MAC and also to give staff a chance to check with the MAC. He would like to get our maps lined up, to review the 2001 documentation regarding the airport, and to learn where this has come up in the past where Zone A would touch one lot and a lot of the property would be in Zone B. Tyra-Lykens asked if we would be able to do first and second reading in July. Rosow said that would be possible, but a unanimous vote is required to approve both first and second reading at the same meeting. Mr. Peterson said they first met with staff on August 3, 2015, and were asked to add the parcel to the west. They have invested a lot of time on that and have a lot of expense ono the plans. They set up a meeting with the County,but no one from the City attended the meeting. The letter to the City from the MAC was sent on March 3. He asked the Council to consider approving first reading tonight and second reading in July so they can keep their obligations to the family. Tyra- Lukens noted this is part of a process and we aren't trying to set up road blocks, rather we are doing what we can to protect the City. Jack Fedora, 9820 Tree Farm Road, said there was discussion at the neighborhood meeting about a right turn in, right turn out access but he was confused about whether the second access was mandatory and if it was to be temporary. Ellis replied there are two issues involved. Staff would like to have a temporary access at a minimum, but the discussion is leaning towards temporary access to Pioneer Trail until the MAC development would occur which would provide a permanent access to Pioneer Trail. Mr. Fedora said two years ago there was discussion about the MAC Parcel 6, and the MAC took it off the table when there was pushback on the whole idea of developing Parcel 6. Getschow said the Council created zoning classifications for the MAC properties except for Parcel 6, and we said we would consider rezoning if a proposal came forward. Fedora questioned if it can be a safety zone if you fill it with houses. He thought we need to protect the people on the ground. Patrick Prom, 12661 Pioneer Trail, said he has lived there for 38 years and shares the end of the driveway. He met with the developer about getting a wider driveway. Mr. Peterson replied they have invested a lot of time with Mr. Prom on this. There is no permanent easement for him,but they discussed relocating the driveway along the power pole and plan to grant him an easement until his property develops. They would have to remove one tree as part of the relocation. They would pave a section of the driveway that is currently not paved and would make that a part of the development agreement. MOTION: Case moved, seconded by Aho, to close the public hearing. Motion carried 3-0. Case said his preference would be to continue this. CITY COUNCIL MINUTES June 14 2016 Page 7 Aho said we could approve first reading and do all the due diligence between now and the July meeting. He did not like doing first and second reading on the same night and would prefer that we have a normal process. We would still have the flexibility and time we need to do the research and to make any further changes needed. Tyra-Lukens said she would also prefer to approve first reading tonight, incorporate the 12-foot driveway, get further information from the MAC, and include more accurate maps. Case asked what a vote of 2-1 would mean tonight. Getschow suggested the Council could approve first reading of the ordinance for zoning change and wait until second reading to adopt the resolution for preliminary plat. Rosow said there is a quorum and a majority of the quorum can approve the item. A change to the Comprehensive Guide Plan requires a 4/5 vote of the entire City Council; however, a zoning change from Rural to R1-13.5 does not require a super majority. Case said he would vote against it if we had to replat tonight. The developer has provided a hand drawn map from the MAC and a statement from the MAC that the height of the buildings is okay,but we have a map in our packet that shows Zone A cutting Lot 15 in half. He was fine with passing the zoning district change tonight and then coming back at the July meeting for approval of the preliminary plat after we get more information. MOTION: Aho moved, seconded by Case, to approve first reading of the ordinance for Zoning District change from Rural to R1-13.5 Zoning District on 10.71 acres and to direct staff to prepare a development agreement incorporating staff and Commission recommendations and the condition that staff bring back information sufficient for the City Council to determine that the proposal is appropriately under legal standards. Case said he would want to see consistency with the information and the maps and would also like to have staff contact the MAC and get a map from them. VOTE ON THE MOTION: Motion carried 3-0. B. APPROVING ISSUANCE BY THE CITY OF GREENWOOD, MINNESOTA OF CHARTER SCHOOL LEASE REVENUE BONDS, SERIES 2016A AND SERIES 2016B (MAIN STREET SCHOOL OF PERFORMING ARTS PROJECT) (Resolution No. 2016-76) Getschow said there have been past projects where a city council has done financing for non-profit organizations. In this case the City of Greenwood could provide the conduit financing for the school, but the City in which the project is located must acquiesce to the financing. The current charter school, Eagle Ridge, is relocating to Minnetonka, and the Main Street School of Performing Arts in downtown Hopkins is proposing to move to this facility. Greenwood would issue bonds for this project. CITY COUNCIL MINUTES June 14 2016 Page 8 The Council must hold a public hearing and adopt a resolution approving the financing. Aho noted this is in no way impacting the City's financing and is completely outside the City's finances. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing, and to adopt Resolution No. 2016-76 approving the issuance by the City of Greenwood, Minnesota of Charter School Lease Revenue Bonds, Series 2016A AND Series 2016B (Main Street School of Performing Arts Project). Motion carried 3-0. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Case, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS Getschow said this was a record year for applications for the Students on Commissions positions. Most of the applicants were able to get their first choice. MOTION: Aho moved to appoint to the Conservation Commission—Emilie Cleveland, Zoe Pettit, Annika Quam, and Hayden Bunn; Tyra-Lukens moved to appoint to the Flying Cloud Airport Advisory Commission—Connor Pesheck, Ben Shephard, and James Hilton; Case moved to appoint to the Heritage Preservation Commission—Carolyn Mason, Alyssa Meiners, Taylor Wolf, and Sienna Gambino; Aho moved to appoint to the Human Rights and Diversity Commission —Nia Colebrooke, Asiya Gelle, Ashwin Senthilkumar, Adrienne Retzlaff, Angela Lin, and Carter Rislove; Case moved to appoint to the Parks, Recreation, and Natural Resources Commission—William Hemier, Phillip Kuhn, Conor Reding, Stephan Wenc, and Kirsten Johnson. Seconded by Aho. Motion carried 3-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER CITY COUNCIL MINUTES June 14 2016 Page 9 1. Retirement of Police Chief Reynolds Getschow said Police Chief Rob Reynolds will retire at the end of June. Chief Reynolds started with the City of Eden Prairie in May of 1985. Over the past 32 years he has risen through the ranks to become Chief in 2007. He said Chief Reynolds has been a great leader who has led a great department, and we appreciate his service to the City. Chief Reynolds said he was fortunate to fall into the perfect spot and was proud of the organization and proud to be involved with the City of Eden Prairie. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the meeting. Motion carried 3-0. Mayor Tyra-Lukens adjourned the meeting at 8:09 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 19, 2016 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 Private Kennel Annette &John Thayer 9263 Preston Place Temporary Liquor Organization: Eden Prairie Community Foundation Event: Prairie Brewfest Date: September 10, 2016 Place: Purgato ry Creek Park 13001 Technology Drive Raffle Organization: Columns Resource Group Foundation, Inc Place: Bearpath Golf& Country Club 18100 Bearpath Trail Date: August 8, 2016 - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Hampton Inn 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 Change from Commercial Regional Services to Town Center— Commercial on 1.7 acres; and • Approve Resolution for Site Plan Review on 1.7 acres; and • Approve the Development Agreement. Synopsis This is final approval of the Development Agreement and plans for the construction of a 5 story, 105 guest room hotel. There have been a few minor adjustments to the plan following the first reading at Council on April 5, 2016. These revisions were incorporated into the plans to address concerns raised by Riley Purgatory Bluff Creek Watershed District. The revisions include: 1. Front yard setback. City Code requires a 15 foot maximum. 35 feet 10 inches was proposed at first reading. The setback has been modified to 32 feet 7 inches. 2. Ordinary High Water Level Setback. City Code requires 200 feet for buildings and 50 feet for parking. 77 feet 7 inches is proposed to the building at first reading. The setback has been modified to 81 feet 4 inches and 27 feet to parking structure was proposed at first reading. This setback has been modified to 32 feet 2 inches. The Development Agreement reflects the revised setbacks. Background Information The 120-Day Review Period Expires on October 17, 2016. Attachments • Ordinance for PUD District Review • Summary Ordinance • Resolution for Site Plan Review • Development Agreement HAMPTON INN CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 13-2016-PUD-8-2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Commercial Regional Service Zoning District and be placed in the Town Center Commercial Zoning District_-2016-PUD-_-2016 (hereinafter "PUD-_-2016-TC-C"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of July 19, 2016 entered into between D&T Eden Prairie, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD- -2016-TC-C, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD- -2016-TC-C is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD- -2016-TC-C 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- -2016-TC-C are justified by the design of the development described therein. D. PUD- -2016-TC-C is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Commercial Regional Service Zoning District, and placed in the Town Center Commercial Zoning District and shall be included hereafter in the Planned Unit Development PUD-_-2016-TC-C 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 5th day of April, 2016, 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 19th day of July, 2016. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2016. EXHIBIT A HAMPTON INN - LEGAL DESCRIPTION Lot 1, Block 1, Anderson's Idleview, according to the recorded plat thereof, Hennepin County, Minnesota together with appurtenant easement(s) for ingress and egress purposes contained in Document No. 2698032. Being Registered land as evidenced by Certificate of Title No. 1333243. HAMPTON INN CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 13-2016-PUD-8-2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 11825 Technology Drive from the Commercial Regional Services Zoning District to the Town Center- Commercial Zoning District on 1.7 acres. 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 , 2016. (A full copy of the text of this Ordinance is available from City Clerk.) HAMPTON INN CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR HAMPTON INN WHEREAS, Cities Edge Architects has applied for Site Plan approval to construct a 5 story, 105 guest room hotel, by an Ordinance approved by the City Council on July 19, 2016; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its March 14, 2016 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its April 5, 2016 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Cities Edge Architects based on the Development Agreement between D & T Eden Prairie, LLC and the City of Eden Prairie, reviewed and approved by the City Council on July 19, 2016. ADOPTED by the City Council of the City of Eden Prairie this 19th day of July, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT HAMPTON INN THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of July 19, 2016, by D & T Eden Prairie LLC, a 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 1.7 acres,Planned Unit Development District Review with waivers on 1.7 acres,Zoning District Change from Regional Commercial Services to Town Center Commercial Zoning District on 1.7 acres, and Site Plan Review on 1.7acres, legally described on Exhibit A(the "Property"); WHEREAS,Fuddruckers,Inc. and City entered into a Developer's Agreement between the parties as of September 5, 1995 pertaining to the Property("Original Developer's Agreement"). NOW,THEREFORE,in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Regional Commercial Services to Town Center Commercial on 1.7 acres, and Resolution No. for Site Plan Review Developer agrees to construct, develop and maintain the Property as follows: 1 Hampton Inn Development Agreement 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated July 12,2016,reviewed and approved by the City Council on July 19,2016, (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 Land 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 Land 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. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including 2 Hampton Inn Development Agreement wetland boundaries,wetland buffer strips and wetland buffer monument locations;all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition,the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins,"Stormwater Infiltration"or"Filtration Systems"(such as rainwater gardens,vegetated swales,infiltration basins,vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or "Underground Systems" (such as media filters, underground sand filters, underground vaults,sedimentation chambers,underground infiltration systems,pre- manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two(2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring,and thereafter by the Owner of the Property.Planting and Maintenance Plans for the Stormwater Facilities (where appropriate)to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm Water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. 3 Hampton Inn Development Agreement Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment,vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and(v) corrective actions that will be taken if the infiltration system does not meet the performance specification. All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. Stormwater Infiltration Systems that are constructed under a building shall be designed for maintenance access and installed in conformance with the standards outlined in The Minnesota Stormwater Manual (November 2005) and/or the Plans. The System shall be kept off-line until construction is complete. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of one-half inch or greater following the Storm Water Infiltration Systems becoming operational. If the infiltration rates are reduced by construction,a plan to restore adequate infiltration must be provided within 90-days of the field test C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity 4 Hampton Inn Development Agreement prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems;routine and non- routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems;and plans for replacement of failed systems,all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris,litter,invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities,if any,must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin(including retention and detention basins)shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. • An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Based on this inspection,if a Stormwater Facility requires cleanout,the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity,leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. 5 Hampton Inn Development Agreement After the two year period of maintenance,the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets,parking lots or drive aisles at a minimum of once per year; debris and litter removal;removal of noxious and invasive plants;removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed;and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall be removed by hand. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 7. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 8. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 126 caliper inches. 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. The installation of the landscaping shall be phased in order to allow the landscaping along the proposed LRT corridor to be installed following the completion of the LRT construction. Installation of the landscaping along the LRT corridor shall be completed within 12 months of beginning normal operation of the LRT. Developer shall provide individual securities for each phase consistent with the requirements noted above. 6 Hampton Inn Development Agreement 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. 9. 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. 10. OTHER AGENCY APPROVALS: Prior to the issuance of any land alteration permit for the Property, the Developer shall submit to the City Planner, copies of all necessary approvals issued by other agencies for the project. The agencies issuing such approvals include, but are not necessarily limited to, the following: the Minnesota Pollution Control Agency,Metro Waste Control Commission,Riley Purgatory Bluff Creek Watershed District. 11. 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. 12. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Town Center Commercial District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD: A. Front yard setback. City Code requires a 15 foot maximum. 32 feet 7inches is allowed. B. Ordinary High Water Level Setback. City Code requires 200 feet for buildings and 50 feet for parking. 81 feet 4 inches is allowed to the building and 48 feet to the parking and 32 feet 2 inches to parking structure is allowed. 7 Hampton Inn Development Agreement C. Building Footprint Coverage. City Code requires 30%minimum. 17% is allowed. D. Maximum Impervious Surface Area. City Code requires 30%maximum. 75% is allowed. E. Street Facade Building Breaks. City Code requires 40 feet maximum. 52 feet is allowed. F. Street Level Frontage Transparency. City Code requires 40% minimum required. 15% allowed. G. Primary Entrance. City Code requires all new buildings to have primary entrance doors facing public sidewalk or public open space no more than sixty(60) feet apart. No maximum separation is required. H. Parking Stall Count. City Code requires 113 stalls. 106 allowed. I. Parking Stall Width. 9 foot minimum required. 8 foot 6 inch is allowed for 52 of the underground parking stalls. J. Parking Drive Aisle Width. City Code requires 25 feet. 20 feet is allowed for one way traffic in the parking structure. 13. REAFFIRMING CONDITIONS OF DEVELOPER'S AGREEMENT: Developer agrees to all of the terms, conditions and obligations of"Developer"under the Developer's Agreement dated September 5, 1995, except as inconsistent with or amended by this Agreement. 14. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property shall be the responsibility of the Developer, its successors and assigns. 15. 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 8 Hampton Inn Development Agreement and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 16. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast shoebox fixtures not to exceed 20 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 17. SITE AMENITIES DETAILS: The installation and maintenance of the site amenities depicted in the Exhibit B plans shall be the responsibility of the Developer. Prior to issuance of the certificate of occupancy for the Property, Developer shall install said amenities. 18. SOUTHWEST LIGHT RAIL TRANSIT: The Property is adjacent to the planned Southwest Light Rail Transit corridor. The Developer is solely responsible to address noise mitigation measures for the Property using such building construction methods and materials to the extent deed appropriate by the Developer. The Developer agrees that the City shall not be responsible for any noise attenuation or mitigation of the Property. 19. TRAIL EASEMENT: Prior to the release of any building permit for the Property, Developer shall submit a Trail Easement, attached as Exhibit D, for review and written approval by the Director of Parks and Recreation Services,over that portion of the Property, as delineated on the Plans. After approval by the City, Developer shall file the Trail Easement with the Hennepin County Recorder/Registrar of Title as appropriate prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the building permit for the Property, Developer shall submit to the City Engineer proof that the Trail Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in accordance with City Code shall be required for trail construction. 20. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 21. TREE LOSS - TREE REPLACEMENT: There are 215 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 128 diameter inches. Tree replacement required are 102 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 102 caliper inches. 9 Hampton Inn Development Agreement This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 22. WETLAND PLAN: Prior to release of the land alteration permit for any portion of the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Delineation and Wetland Buffer Strip Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report("Buffer Report") and Wetland Delineation Report in accordance with the Wetland Plan and City Code requirements. If the Delineation or Buffer Reports identify any unacceptable vegetation or other conditions, the wetland and/or wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon known as "Landscaping", or "Landscaped")by the Developer within 90 days of submission of the Buffer Report or within 90 days after receipt of a wetland permit for wetland alteration. If the Wetland Plan is submitted after September 30th,the Landscaping must be completed by June 30th of the following year. If Landscaping of the wetland and/or wetland buffer strip is required,the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland and/or wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland and/or wetland buffer strip. B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee,for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report(Annual Buffer Report) that evaluates the condition of the wetland(s)and wetland buffer strip(s)and to determine if they are in compliance with all City requirements. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the 10 Hampton Inn Development Agreement calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s)remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Conservation Easement: Developer shall submit a Conservation Easement attached as Exhibit F,for review and written approval by the Environmental Coordinator,for the area(s) delineated on the Plans. After approval by the City, Developer shall file the Conservation Easement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the Environmental Coordinator proof that the Conservation Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles'Office. D. Wetland Buffer Strip Monuments: The Wetland Plan shall include a plan to install all wetland buffer strip monuments for the property prior to release of the first building permit for any portion of the Property. The Security referred to in paragraph E below shall include the cost for location, including surveying, and installation of the monuments. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12 pounds per foot is preferred) green steel channel post or other material pre-approved in writing by the City Manager. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25"x 6.5'). The sign shall have a minimum size of 3 inch by 8 inch (3"x 8"). The sign shall be mounted flush with the top of the post and shall include the statement"Conservation Easement:No Mowing Allowed Wetlands and buffers filter pollutants,reduce flooding and provide habitat". The signs shall also include the City and Watershed District logos and website information. The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Performance Bond: Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator's approval of a Wetland Plan performance bond,cash escrow,or letter of credit with a corporation approved by the 11 Hampton Inn Development Agreement City Manager or other guarantee acceptable to the City Manager(hereinafter referred to as the"Security")equal to 150%of the cost,as estimated by the City Manager,of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. 12 Hampton Inn Development Agreement 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 ,2016, 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 13 Hampton Inn Development Agreement D & T Eden Prairie, LLC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20l 6, by , the , of D & T Eden Prairie, LLC, a Minnesota 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 14 Hampton Inn Development Agreement EXHIBIT A — HAMPTON INN DEVELOPMENT AGREEMENT LEGAL DESCRIPTION Lot 1, Block 1, Anderson's Idleview, Hennepin County, Minnesota according to the recorded plat thereof, Hennepin County, Minnesota, together with appurtenant easements(s) for ingress and egress purposed contained in Document No. 2698032. Being Registered land as is evidenced by Certificate of Title No. 1403420. 15 Hampton Inn Development Agreement EXHIBIT B - HAMPTON INN DEVELOPMENT AGREEMENT Cover Sheet dated 11/05/15 by Cities Edge Architects General Data dated 2/10/16 by Cities Edge Architects Code Data Sheet No. G003 dated 2/10/16 by Cities Edge Architects Code Data Sheet No. G004 dated 2/10/16 by Cities Edge Architects Alta/ACSM Survey(2 sheets) dated 4/9/15 by Bolton&Menk, Inc. Existing Conditions &Demolition Plan dated 4/21/16 by Cities Edge Architects Proposed Site Plan dated 4/21/16 by Cities Edge Architects Grading Plan dated 4/21/16 by Cities Edge Architects Storm Piping/Drainage Plan dated 4/21/16 by Cities Edge Architects Utility Plan dated 4/21/16 by Cities Edge Architects Erosion Control Plan dated 4/21/16 by Cities Edge Architects Storm Water&Erosion Control Plan dated 4/21/16 by Cities Edge Architects Utility, Storm, &Misc. Details dated 4/21/16 by Cities Edge Architects Misc. Details dated 4/21/16 by Cities Edge Architects Tree Inventory Plan dated 3/25/16 by Colberg Tews Landscape Architecture Landscape Plan dated 4/22/16 by Colberg Tews Landscape Architecture Wetland Buffer Planting Plan dated 4/22/16 by Colberg Tews Landscape Architecture Electrical Site Plan dated 4/22/16 by Cities Edge Architects PUD Site Plan dated 4/22/16 by Cities Edge Architects Wetland Buffer Plan—Existing dated 4/22/16 by Cities Edge Architects Wetland Buffer Plan—Proposed dated 4/22/16 by Cities Edge Architects Basement and First Floor Plans dated 2/10/16 by Cities Edge Architects Second and Third Floor Plans dated 2/10/16 by Cities Edge Architects Fourth and Fifth Floor Plans dated 2/10/16 by Cities Edge Architects Exterior Elevations Sheet A201 dated 3/28/16 by Cities Edge Architects Exterior Elevations Sheet A202 dated 3/28/16 by Cities Edge Architects 16 Hampton Inn Development Agreement EXHIBIT C - HAMPTON INN DEVELOPMENT AGREEMENT I. Prior to release of any building permit, 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. 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. 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 and the Owners, their 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: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) 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 other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. 17 Hampton Inn Development Agreement 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 release of the final plat,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. 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. 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 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 18 Hampton Inn Development Agreement 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,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 building permit issuance,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 building permit issuance, 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. XV. Prior to building permit issuance,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 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. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. 19 Hampton Inn Development Agreement 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. 20 Hampton Inn Development Agreement EXHIBIT D - HAMPTON INN DEVELOPMENT AGREEMENT TRAIL EASEMENT The undersigned Grantor(s) for good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey to City of Eden Prairie, a municipal corporation of the State of Minnesota, (Grantee), a permanent trail easement("Easement") for the following uses and purposes and subject to the following terms and conditions on, over, under and across real property in the County of Hennepin, State of Minnesota, which Easement is described on Exhibit A, depicted in Exhibit B (if used) and made a part hereof. 1. Uses and Purposes. The Easement shall be for the following purposes and uses: A. For construction, operation, maintenance, and replacement of a trail, sidewalk, pedestrian gathering area, landscaping and associated appurtenances; B. For pedestrian uses of a sidewalk,trail, and pedestrian gathering area by the public as authorized by the Grantee; C. For travel by the public in or on motorized vehicles authorized by the Grantee; D. To remove, cut and trim trees, shrubs and vegetation. 2. Nonexclusive. The Easement shall be nonexclusive;provided,however,this Easement shall be prior to and superior to any other easement hereinafter granted. Any future easement shall be subject to and subordinate to,and shall not interfere with,the Easement without the consent,in writing, of Grantee. 3. Duration of Easement. The Easement shall be perpetual, shall run with the land, shall be binding upon Grantor and 21 Hampton Inn Development Agreement its successors and assigns and shall be for the benefit of Grantee and its successors and assigns. 4. Grantor Ownership. Grantor(s) warrant they are the owners of the real property subject to this Easement and have the lawful right and authority to convey and grant the Easement herein granted. Executed this day of 20_ GRANTOR [insert name] By: It's STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on ,20_,by the of , a company organized under the laws of the State of , on behalf of the company. Notary Public Drafted By: City of Eden Prairie Engineering Department 8080 Mitchell Road Eden Prairie,MN 55344 22 Hampton Inn Development Agreement EXHIBIT E — HAMPTON INN DEVELOPMENT AGREEMENT DEVELOPER'S AGREEMENT DATED SEPTEMBER 5, 1995 23 Hampton Inn Development Agreement CITY COUNCIL AGENDA DATE: July 19, 2016 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Paul Sticha, Administration, Install Roof on CO2 Storage at Facilities Community Center Requested Action Move to: Award the contract for installation of a roof on the open storage area at the Community Center to RJ Marco Construction. Synopsis Base Bid RJ Marco Construction $33,431 Gardner Builders $33,849 Diversified Construction $42,920 Background Information Plans and specifications were prepared by DSO Architecture. Expansion of the Aquatics area required three additional CO2 tanks and associated piping and fittings. The tanks are located in an open storage area and within a temporary plywood enclosure. The new roof would protect the tanks from the elements, allow for easier service and provide additional storage for non- temperature sensitive equipment. (The enclosure will not be heated or cooled.) Attachment Construction Contract with contractor's quote Standard Construction Contract This Contract ("Contract") is made on the 19th day of July, 2016, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and RJ Marco Construction, Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 75 West Viking Drive, Suite 104, Little Canada, MN 55117. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for installing a roof over the open storage area for the CO2 tanks at the Community Center, hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Contract shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by September 30, 2016. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $33,431.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Contractor's request for final payment shall be accompanied by Contractor's affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without Standard Construction Contract 2015.07 Page 2 of 12 limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager. The Contractor has designated Paul Nolan to Manage the Work. He shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. Standard Construction Contract 2015.07 Page 3 of 12 The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10.Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11.Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12.Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13.City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such Standard Construction Contract 2015.07 Page 4 of 12 deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14.City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. Standard Construction Contract 2015.07 Page 5 of 12 15.Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty- five (45) days after the sum becomes due. 16.Performance and Payment Bonds. Does not apply. 17.Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18.Responsible Contractor. Does not apply. 19.Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20.Notice. Required notices to the Contractor shall be in writing, and shall be either hand-delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Paul Nolan RJ Marco Construction 75 West Viking Drive, Suite 104 Little Canada, MN 55117 Standard Construction Contract 2015.07 Page 6 of 12 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Paul Sticha City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 21.Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 Standard Construction Contract 2015.07 Page 7 of 12 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coveraeges required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. Standard Construction Contract 2015.07 Page 8 of 12 n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 22.Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, Standard Construction Contract 2015.07 Page 9 of 12 damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 23.Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 24.Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25.Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated Standard Construction Contract 2015.07 Page 10 of 12 settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 26.Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 27.Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 28.Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 29.Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 30.Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31.Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 32.Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid Standard Construction Contract 2015.07 Page 11 of 12 only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 33.Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 34.Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 35.Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 36.Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 37.Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Work to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the Work to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager RJ MARCO CONSTRUCTION Jeff Lee, Its Vice President Standard Construction Contract 2015.07 Page 12 of 12 Exhibit A, • i 1 0 - • 1 CONSTRUCTION , INC . TO : City of Eden Prairie • 6/30/2016 8080 Mitchell Rd Eden Prairie , MN 55344 ATTN : Paul Sticha RE : Eden Prairie Community Center CO2 Storage Room 8080 Mitchell Road Eden Prairie, MN 55344 PROPOSAL The following proposal for construction services at the above location is based on Sheet Al drawn by DSC Architecture dated 8/18/ 15 . The total cost to re- roof the CO2 storage room is $33 ,431 . 00 . Bid assumes : 11 Work to be performed during normal business hours Bid does not include : t Building permit, except for state surcharge p Work at existing CO2 wood framed enclosure El Any work to electrical or fire alarm system If you have any questions or concerns , please call at your earliest convenience. Sincerely, Paul Nolan , Senior Project Manager RJ Marco Construction Inc. 75 W . Viking Drive Suite 104 • Little Canada , Minnesota 55117 • Phone ( 651 ) 484 - 5635 • Fax ( 651 ) 484 - 5701 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Dzevad Mahmutovic, New Emergency Power Generator Administration, Facilities Install for Fire Stations 2 & 3 Requested Action Move to: Award the contract for the new Emergency Power Generator install at Fire Stations 2 and 3 to Allied Generators. Synopsis Base Bid Allied Generators $72,850 Midwest Electric and Generators $91,389 Power System Services, Inc. $92,708 Background Information An emergency backup power Generator is needed for Fire Stations 2 and 3. This is a new install as they don't have any backup in case they lose utility power. Attachment Contract with contractor's quote R1P'' f,/ Standard Construction Contract This Contract ("Contract") is made on the 23th day of June, 2016, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Allied Generators a Minnesota pRAIRIE Corporation (hereinafter "Contractor") whose business address is 577 Shoreview Park Rd. Shoreview, MN 55126. LIVE-WORK-DREAM Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for Installing New Power Generators in Fire Stations, hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Contract shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by October 15, 2016. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $72,850.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Contractor's request for final payment shall be accompanied by Contractor's affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager. The Contractor has designated Roger Heath to Manage the Work. He shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Standard Construction Contract 2015.07 Page 2 of 10 Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed Standard Construction Contract 2015.07 Page 3 of 10 by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Standard Construction Contract 2015.07 Page 4 of 10 Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Riqht to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. Not required 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor. Not Required 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Roger Heat Allied Generators 577 Shoreview Park Rd. Shoreview, MN 55126 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Standard Construction Contract 2015.07 Page 5 of 10 Dzevad Mahmutovic City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 21. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. Standard Construction Contract 2015.07 Page 6 of 10 d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the Standard Construction Contract 2015.07 Page 7 of 10 City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 22. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 23. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 24. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for Standard Construction Contract 2015.07 Page 8 of 10 employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 26. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 27. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 28. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 29. Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the Standard Construction Contract 2015.07 Page 9 of 10 enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 32. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 33. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 34. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 35. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 36. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 37. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Work to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the Work to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, its Mayor Rick Getschow, Its City Manager ALLIED GENERATORS By: Its: Standard Construction Contract 2015.07 Page 10 of 10 / 1017 Allied Generators Bid # : 6220 577 Shoreview Park Rd / Hi Q Bid Date : 5/5/2016 Shoreview, MN 55126 / ,/ Phone : 651 -770-3483 Last Updated : 5/5/2016 Fax : 651 -770-6924 THE GENERATOR EXPERTS Customer Job City of Eden Prairie Fire Station #2 8080 Mitchell Rd 12100 Sunnybrook Road Eden Prairie , MN 55344 Eden Prairie , MN 55344 General Customer Contacts Primary Contact P hone : 952- 949-8329 Name : Fire Station #2 Fax : Phone : 952-949-8329 Cell : Cell : Email : dmahmutovic@edenprairie . org P rovide labor, material and services , in accordance with the following specifications and subject to the terms of this contract . As per attached sheets Any changes or additions requested by customer or their agents may incur additional charges . any changes or alterations by others may void all warranties or guarantees . The price for the work above will be : $ 36 , 070 . 00 The proposal is void if not accepted in writing within 30 days after the proposal date Terms : P roposal good for 30 days *50% down , balance upon completion . Interest will be charged on all overdue accounts at 1 . 5 % interest per month , plus any attorneys fees . System will be billed as complete if final connections or testing are delayed due to customer request. • Credit Card Payments add 3 % Allied Generators By : Roger Heath ACCEPTANCE : The Above prices specifications and conditions are satisfactory and hereby accepted . You are authorized to do the work as specified and payment will be made as outline above . please sign and return one copy of each page as acceptance Date of acceptance : Signature Allied Generators Bid # : 6220 577 Shoreview Park Rd L� b Shoreview, MN 55126 11 Bid Date : 5/5/2016 P Last Updated : 5/5/2016 Phone : 651 -770-3483 . ■ Fax: 651 -770-6924 " ` " THE GENERATOR EXPERTS Customer Job City of Eden Prairie Fire Station #2 8080 Mitchell Rd 12100 Sunnybrook Road Eden Prairie , MN 55344 Eden Prairie , MN 55344 Job Description Provide and install a diesel backup generator to back up the entire fire station . Bid Items Generator 1 MTU 40kw Diesel DS4046S System Voltage 1 120/240V 1 Phase Transfer Switch 1 Eaton 400 amp , 2 pole , Service Entrance Rated Accessories 1 Battery 1 Tank heater 1 Battery charger Electrical 1 Wire generator and transfer switch 1 Install the Service Entrance Rated transfer switch outside next to the CT cabinet. Rewire entire service through the ATS and back to the switch gear. 1 Trench in generator feeds from the tap box to the generator. Locates will be done . Back filling included . No additional landscaping included . No sprinker line repair included . 1 Install a generator tap box on the outside wall . 1 Change grounding to meet NEC code for the Service Entrance Rated ATS . 1 Utility shut down included Tap Box 1 200 amp AMP tap box 3 phase Allied Generators Bid # : 6220 577 Shoreview Park Rd tl / a g) Bid Date : 5/5/2016 S horeview, MN 55126 P hone : 651 -770-3483 Last Updated : 5/5/2016 Fax : 651 -770-6924 THE GENERATOR EXPERTS Customer Job City of Eden Prairie Fire Station #2 8080 Mitchell Rd 12100 Sunnybrook Road Eden Prairie , MN 55344 Eden Prairie , MN 55344 Job Description P rovide and install a diesel backup generator to back up the entire fire station . 1 A tap box is used for load bank testing , trouble shooting , and temp generator install point Fuel 1 140 gallon diesel sub base tank Misc . 1 All permits included 1 Install a 6 ' tall 10' x 15 ' batten board wood enclosure on steel post . Steel frame recessed board gate to match . Enclosure 1 Sound enclosure Setting and Startup Services 1 Set generator with crane 1 Generator startup , 2 hour load bank , and customer training Sales Tax 1 Sales tax NOT included Warranty 1 Standard 2 year warranty Install Items 1 Install a concrete pad per manufactures specs 1 Cut , remove a section of side walk to allow for the generator electrical installation . Total : $ 36 , 070 . 00 Allied Generators / } Bid # : 6221 577 Shoreview Park Rd / Shoreview, MN 55126 d � Bid Date : 5/5/2016 Phone : 651 -770-3483 ,: / Last Updated : 5/5/2016 i � ` Fax: 651 -770-6924 " • THE GENERATOR EXPERTS Customer Job City of Eden Prairie Fire Station #3 8080 Mitchell Rd 7350 Eden Prairie Rd Eden Prairie , MN 55344 Eden Prairie , MN 55344 General Customer Contacts Primary Contact P hone : 952-949-8329 Name : Fire Station #3 Fax : Phone : 952-949-8329 Cell : Cell : Email : dmahmutovic@edenprairie . org P rovide labor, material and services , in accordance with the following specifications and subject to the terms of this contract. As per attached sheets Any changes or additions requested by customer or their agents may incur additional charges . any changes or alterations by others may void all warranties or guarantees . The price for the work above will be : $36 ,780 .00 The proposal is void if not accepted in writing within 30 days after the proposal date Terms : P roposal good for 30 days *50 % down , balance upon completion . Interest will be charged on all overdue accounts at 1 . 5 % interest per month , plus any attorneys fees . System will be billed as complete if final connections or testing are delayed due to customer request. • Credit Card Payments add 3 % Allied Generators By : Roger Heath ACCEPTANCE : The Above prices specifications and conditions are satisfactory and hereby accepted . You are authorized to do the work as specified and payment will be made as outline above . please sign and return one copy of each page as acceptance Date of acceptance : Signature AA Allied Generators Bid d�,1 577 Shoreview Park Rd : 6221 S horeview, MN 55126 46 g I / Bid Date : 5/5/2016 P hone : 651 -770-3483 Last Updated : 5/5/2016 Fax: 651 -770-6924 THE GENERATOR EXPERTS Customer Job City of Eden Prairie Fire Station #3 8080 Mitchell Rd 7350 Eden Prairie Rd Eden Prairie , MN 55344 Eden Prairie , MN 55344 Job Description P rovide and install a diesel backup generator to back up the entire fire station . Bid Items Generator 1 MTU 40kw Diesel DS4046S System Voltage 1 120/240V 1 Phase Transfer Switch 1 Eaton 400 amp , 2 pole , Service Entrance Rated Accessories 1 Battery 1 Tank heater 1 Battery charger Electrical 1 Wire generator and transfer switch 1 Install the Service Entrance Rated transfer switch outside next to the CT cabinet . Rewire entire service through the ATS and back to the switch gear. 1 Trench in generator feeds from the tap box to the generator. Locates will be done . Back filling included . No additional landscaping included . No sprinker line repair included . 1 Install a generator tap box on the outside wall . 1 Change grounding to meet NEC code for the Service Entrance Rated ATS . 1 Utility shut down included Tap Box 1 200 amp AMP tap box 3 phase 11 ) Allied Generators Bid # : 6221 577 Shoreview Park Rd S horeview, MN 55126 /J/7J7717 Bid Date : 5/5/2016 P hone : 651 -770-3483 Last Updated : 5/5/2016 Fax: 651 -770-6924 THE GENERATOR EXPERTS Customer Job City of Eden Prairie Fire Station #3 8080 Mitchell Rd 7350 Eden Prairie Rd Eden Prairie , MN 55344 Eden Prairie , MN 55344 Job Description P rovide and install a diesel backup generator to back up the entire fire station . 1 A tap box is used for load bank testing , trouble shooting , and temp generator install point Fuel 1 140 gallon diesel sub base tank Misc. 1 All permits included 1 Install a 6 ' tall 10 ' x 15 ' batten board wood enclosure on steel posts . Steel frame recessed board gate to match Enclosure 1 Sound enclosure Setting and Startup Services 1 Set generator with crane 1 Generator startup , 2 hour load bank, and customer training Sales Tax 1 Sales tax NOT included Warranty 1 Standard 2 year warranty Install Items 1 Install a concrete pad per manufactures specs Total : $ 36 , 780 . 00 Allied Generators Bid : 6221 577 Shoreview Park Rd L� / Shoreview , MN 55126 d � Li} Bid Date : 5/5/2016 Phone : 651 -770-3483 Last Updated : 5/5/2016 es Is Fax: 651 -770-6924 THE GENERATOR EXPERTS Customer Job City of Eden Prairie Fire Station #3 8080 Mitchell Rd 7350 Eden Prairie Rd Eden Prairie , MN 55344 Eden Prairie , MN 55344 Job Description Provide and install a diesel backup generator to back up the entire fire station . Option Items : Not included in price Electrical 1 Install the transfer switch inside next to the electrical equipment $2 , 100 . 00 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Jay Lotthammer, Director, Purchase Octane Fitness Equipment for the Parks and Recreation Community Center from 2nd Wind Requested Action Move to: Approve purchase of two Octane Fitness Zero Runners, two Octane Lateral X's and three Octane PRO 4700 Elliptical from 2nd Wind for the Eden Prairie Community Center at a cost of$33,665. Synopsis The Community Center has a comprehensive equipment replacement plan to ensure equipment remains current and operational within industry standards. Funds have been set aside for the replacement of fitness equipment on an annual basis as the equipment becomes aged and obsolete. The new equipment acquisition will replace two Techno Gym Waves and three Octane Ellipticals. In addition, there is greater demand for lower impact options for runners, so two Zero Runners will be added to the existing equipment. Comparable pricing was obtained and due to pricing, quality and fit, staff selected these products. Attachments Price Quote Specifications 2nd Wind Exercise, Inc. Quote Drew Wurst(3827) 7585 Equitable Drive Quote Order 22-029525 ND WIND Edenl Prairie, MN 55344 Date 06/21/16 EXERCISE EQUIPMENT Phone: (952) 224-1240 Fax: (952) 906-6909 Ship To Information Bill To Information 1 7-- Eden Prairie Community Center Eden Prairie Community Center Valerie Verley Valerie Verley 16700 Valley View Rd 16700 Valley View Rd Eden Prairie, MN 55344 Eden Prairie, MN 55344 Work: (952) 949-8473 Work: (952) 949-8473 Cell: (952)959-8470 Cell: (952) 959-8470 Expiration Date: 7/7/2016 Terms: Prepaid Delivery List Your Qty SKU Description Method Tax Price Price Ext.Price Option B w/Pro4700 Ellipticals ❑ MRPA Corporate Partner Discount Applied ❑ NIHCA Facility Discount Applied ❑ 2 OCTZR8000 Octane Fitness Commercial Zero Runner ZR8000 Deliver ❑ $7,899.00 $5,215.00 $10,430.00 Zero Impact User-Defined Running Motion ❑ Accommodates All Stride Lengths&User Heights ❑ Walk,Jog,or Run ❑ 10 Resistance Levels ❑ Factory Warranty:3yrs Parts&1yr Labor ❑ 2 OCTLX8000-2016 Octane LX8000 Lateral X Deliver ❑ $7,399.00 $4,985.00 $9,970.00 Adjustable Lateral Width: 10 Width Levels ❑ Converging Arm Motion w/MultiGrip Handles ❑ 3-Speed Console Fan ❑ 3D Motion for Maximum Muscle Recruitment ❑ Factory Warranty:3yrs Parts&1yr Labor ❑ 3 QPRO4700 Octane PRO 4700 Elliptical w/SmartStride Deliver ❑ $6,299.00 $4,170.00 $12,510.00 Adjustable Stride Length: 18-26" ❑ Converging Arm Motion w/MultiGrip Handles ❑ 1.8"Pedal Spacing for Natural Gait ❑ Pedals Angled to Match Natural Foot Flexion ❑ 3-Speed Console Fan ❑ Factory Warranty:3yrs Parts&1yr Labor ❑ 1 Factory Freight ❑ $918.12 $0.00 $0.00 1 of 3 Delivery List Your Qty SKU Description Method Tax Price Price Ext.Price Free Freight c/o 2nd Wind Exercise ❑ 1 Delivery&Installation Deliver ❑ $755.00 $755.00 Delivery of 7 Octane ❑ Special Instructions: Item Total: $33,665.00 1 All units are self-powered and do not require outlets Tax: $0.00 I TOTAL: $33,665.00 1 2 of 3 Standard Terms and Conditions 1. All orders must be prepaid before shipment without approved credit. 2. These prices are subject to change after 30 days from document date. 3. There will be a 1.5%monthly service charge on all overdue accounts. The buyer is also responsible for any collection and/or legal fees involved in collecting past due accounts. 4. Any changes on orders must be made within 7 days after the order is accepted. 5. If customer requires a certificate of insurance that includes a waiver of subrogation or if the additional insured is to be on a primary non- contributory basis the customer agrees to assume the additional cost. 6. Clerical errors subject to correction. All prices and agreements are contingent upon strikes,accidents,and other causes avoidable or beyond our control. 7. Buyer agrees to promptly file claim for all goods damaged in transit. 8. There will be a 15%restocking charge on merchandise ordered but not accepted. Delivery,Set-Up and Freight charges will not be refunded. 9. A Preventative Maintenance Agreement is available for all equipment. 10. Equipment lease is available with approved credit. 11. All unit prices are F.O.B.manufacturer. 12. Products purchased without commercial warranties that are placed in non-residential settings void manufacturer's warranty. All repair costs are customers responsibility. Acceptance of Proposal: These prices,specifications and conditions are satisfactory and are hereby accepted. I am authorized to order the listed equipment with full understanding of the payment terms. Authorized Signature: Print Name: ....Isn't it time you got your 2nd Wind? P.O.Number: Date of Acceptance: www.2ndwindexercise.com 3 of 3 ER0RLJNNE1 SMARTER THAN A TREADMILL ZR8000 Finally,the treadmill has been transformed.The Zero Runner offers the same great workout,but without the additional cost of ownership.Built with cutting-edge innovation,and without a belt,deck or cord.The Zero Runner eliminates the pain of running and equipment maintenance.Fuel • your cardio floor like never before. OCTANE ADVANTAGES Zero-Impact Running TMLower cost of ownership True running motion Self-powered Walk,jog or run Quiet operation S • • Up to 58"stride length Shorter than a treadmill ►- " Customized to users stride CROSS CiRCUIT compatible ZERO RUNNER TREADMILLS By reducing the repetitive impact,the Zero Runner Exercising on a treadmill continues to enables users to optimize their form,engage the core 4 pound the body and places significant and concentrate on activating the hamstrings and glutes. pressure on the joints with every stride. Users can choose to walk with shorter strides,or vary mm. ' Plus,running on a treadmill with a their stride and pace throughout the workout to walk,jog moving belt doesn't match running or run—just like outside. outdoors. Plus,with live stride tracing*,the Zero Runner enables 4 Many runners experience that they do users to perfect their stride to become a more efficient not sufficiently engage the hamstrings and consistent in their workout. igo and glutes,and their form changes to *smart console only accommodate the belt. f F I T N E s ZERORUNNER.COM•888-OCTANE4 IIIWIII= ZR8000 SPECIFICATIONS •Standard 0 Optional KEY MECHANICAL FEATURES ENTERTAINMENT OPTIONS ADVANCED PROGRAMS User defined running motion • Personal viewing screen o 30:30 Interval • Dynamic stride length 58'(147 cm) Wireless 900 Mhz o CROSS CiRCUIT®Solo • Aluminum legs CROSS CiRCUIT®Group • Low step-up height 5.2'(13.2cm) ELECTRONICS FEATURES CROSS CiRCOIT®Total body blsot* • Pedal spacing 1.4"(3.5 cm) Resistance levels 10 CROSS CiRCUIT®Lower body blast* • Lightweight pedals . Bluetooth®4.0 CROSS CiRCUIT®Upper body blast* • Rubber non-slip pedals • Self-powered(standard console only) • CROSS CiRCUIT®Core* • • Rubber non-slip step • Quick Start Wireless heart rate(ANT+'"and Polar®) • PRODUCT SPECIFICATIONS Contoured moving handlebars • 400lbs One-time lock-sot handlebars • Digital contact heart rate sensors on stationary • Max user weight (181 Kg) handlebar 43.2"x 69.6" Tablet/reading rack • Footprint(W x L) CROSS CiRCUIT com atible o WORKOUTS (110cmx116cm) p 43.2"x 69,6" Water bottle holder • Number of programs 12 Footprint with CROSS CiRCUIT(UVx L) (110 cm x 176 cm) Quiet operation • PRESET PROGRAMS Product weight 357 lbs(162 Kg) Transport wheels • Quick Start • Product weight with CROSS CiRCUIT 382 lbs(173 Kg) CONSOLE OPTIONS Manual WARRANTY 10"(25.4 cm) Distance Goal Parts 3 years Smart capacitive touch Calorie Goal • Labor 1 year screen Interval • Large LED display Standard with integrated *Smart console only capacitive buttons Warranty outside the US and Canada may vary. (with personal viewing screen) (with personal viewing screen) Yam-L ; K_�t,T t - ems it i• __:_ ., _:47WOrt _ ') s ���--1 • ter_ 9, A, �� - + r_ r ms•o.•.••us•r YOC1 N TN �'3' ;. ,,,_ .7 �. OCTANE FITNESS •• It IIlL1 , 4 NV •• • I. msaoe.0>rnrsiss MI■• • • r ZERORUNNER.COM•888-OCTANE4 © Y� n,✓ ® el BL 0G ©2016 Octane Fitness,LLC.In a continual effort to improve our products,specifications are subject to change.Octane Fitness,Zero Runner and CROSS CiRCUIT are registered trademarks of Octane Fitness.Any use of these trademarks,without the express written consent of Octane Fitness,is forbidden.Polar,Bluetooth 4.0 and ANT+ are registered trademarks of their respective owners.0201 1 F I T N E S 5 J i Lu LATERALX \ILA. LATE/?AL i OVE/N R NEW J/?ECT/ON�� MOVE IN A NEW DIRECTION P 1111110117y,. LX8000Ito I ' ....dpr Add a new dimension and excitement to the cardio floor with the LateralX elliptical that delivers ir • _ v functional challenges, more muscle demands and to :ti , greater caloric burn. „(31 , _, ‘ ,_ . OCTANE ADVANTAGES , `°°-- �+ Adjustable lateral 3-D motion ;‘ 21%increase in caloric expenditure* i • 30%increase in hip abductor/adductor activity* *' I' •Adds muscle confusion with 10 varying planes of motion • Great for sports,rehab and stability training, working the hips,thighs and glutes e • CROSS CiRCUIT and Embedded Touch - Screen compatible r '; 77' , it �l — spa itJJ 6 OCTANE FITNESS rsi Mankato going from . • ■ L X 8 0 0 0 SPECIFICATIONS •Standard o Optional LATERAL MOTION KEY MECHANICAL FEATURES WORKOUTS WORKOUT BOOSTERS Active side-to-side motion that Electronically adjustable Number of programs 13 X-Made'" • lateral width increases caloric expenditure by Converging Path'"handlebars PRESET RESISTANCE PROGRAMS ThighToner'" • 27%and engages more lower QuadPower'" • body muscles. MultiGriis handlebars Manual • Fingertip controls Random • ENTERTAINMENT OPTIONS on moving handlebars Interval Personal Viewing Screen 0 Moving handlebar lock-out option • Goal-distance or calorie • Wireless 900 Mhz o STEPPING MOTION 1-time adjustable handlebar position • Embedded Touch Screen Soft grip pedals LATERAL WIDTH PROGRAMS An additional movement option Lateral Interval • PRODUCT SPECIFICATIONS that simulates a stepping Lowstep-upheight • movement for added variety Water bottle holder • Dual Direction • Max user weight 400 lbs Kg) or recovery. Reading rack • HEART RATE-CONTROLLED PROGRAMS Footprint(WxL) 42"x63' (106 cm x 160 cm) Transport wheels • Heart Rate Interval • 38t lbs Product weight (176 Kg) ELECTRONIC FEATURES Fat Burn • Footprint 44"x75" UPPER-BODY Lateral width adjustments 10 with CROSS CiRCUIT stands(W x L) (111 cm x 190 cm) ADVANCED PROGRAMS Product weight 43816s ERGONOMICS Resistance levels 30 CROSS CiRCUIT Solo • with CROSS CiRCUIT stands (198 Kg) Digital heart rate •Patented,one-of-the-kind on moving handlebars CROSS CiRCUIT Group • WARRANTY Converging Path and MultiGrip Wireless heart rate ready • 30:30Interval • Parts 3 years handlebars better engage Console fan(3 speeds) • MMA • Labor 1 year the upper body and assist with fitting every exerciser better. Self powered • Constant Power-Watts or METs • HeartLogic' Intelligence • • CROSS CiRCUIT CSAFE®® Eiji, FitLinxx compatible El Exercisers achieve greater results i l.r through improved conditioning and motivation,and clubs and trainers �� •• benefit from a powerful new El • '+•r revenue source. OCTANEFITNESS.COM LATERAL ELLIPTICALS 7 ""in"- - _ . .____ . . „ ... . PRO4700 -,-,-. . .. ,, . ,. . ..::: -=-- ,1h,—*_:_iv. .-- ...,.. A STRIDE AHEAD �,,4= .; . ATIPRO4700 ,, The best elliptical machine available, this Of M1 top-of-the-line powerhouse is loaded with exclusive Octane breakthroughs including 1 \' SmartStride°to fuel every workout with exceptional comfort and challenge that 1 , , drive valuable results. _ , , I ., ) iy, OCTANE ADVANTAGES Ilk c� Electronically adjustable stride r Converging Path & MultiGrip handlebars , A „ . fit .%\.. , Biomechanically correct close pedal spacing .-/ " ---1-41-- -- mol ‘11 .. -'me%,,,.0c. 11111 Low step-up height - -40- Advanced training - 30:30 and MMA Alh' CROSS CiRCUIT and Embedded Touch Screen compatible .J. _F u` 8 OCTANE FITNESS AO. . PRO4100 SPECIFICATIONS •Standard 0Optional SMARTSTRIDE° KEY MECHANICAL FEATURES WORKOUTS WORKOUT BOOSTERS An unmatched feature that Stride lengths 18"-26" Number of programs 22 SmartStride° • automatically adjusts stride length Electronically adjustable stride • X-Mode • to replicate walking,jogging, •PRESET RESISTANCE PROGRAMS Pedal spacing 1.8" GluteKicker`"" • running and moving backwards. Manual • Low step-up height • ArmBlaster • Random • Soft grip pedals • Interval • METABOLIC ASSESSMENT PROTOCOL Covered track and rollers • UPPER-BODY Custom Interval • New Leaf Metabolic Assessment • Converging Path'""handlebars • ERGONOMICS Hill • MultiGrip'"handlebars • 10K • ENTERTAINMENT OPTIONS Patented, one-of-the-kind Fingertip controls • • Personal Viewing Screen o Converging Path and MultiGrip on moving handlebars HEART RATE-CONTROLLED PROGRAMS Wireless900Mhz o handlebars that better engage Moving handlebar lock out • Fat Burn • Embedded Touch Screen o the upper body and assist with 1-time adjustable • Cardin •• handlebar position PRODUCT SPECIFICATIONS fitting every exerciser better. Water bottle holder • Heart Rate Interval • Max user weight 400 Ihs(181 Kg) Reading rack • Heart Rate Custom Interval • 31"x 69" Footprint(W x L)Transport wheels • Heart Rate Hill • (18 cm x 175 cm) Heart Rate Speed Interval • Footprint-live area(W x L) 34"x 83" ELECTRONIC FEATURES (86cmx21ocm) REAL RUNNING MOTION New Leaf°Custom • Product weight 340lbs(154 Kg) Resistance levels 30 Footprint 39"x 84" Delivers supremely comfortable Digital contact heart rate ADVANCED PROGRAMS with CROSS CiRCUIT stands(W x L) (99 cm x 213 cm) • natural movement and flow, both on moving handlebars CROSS CiRCUIT Solo • Product weight forward and backward,without Wireless heart rate • CROSS CiRCUIT Group • with CROSS CiRCUIT stands 4251bs(192 Kg) stress on the joints. Console fan(3 speeds) • 30:30 Interval • WARRANTY Self-powered • MMA • Parts 3 years HeartLogie Intelligence • • Constant Watts • Labor 1 year CSAFE° • Constant METs • SPACE-EFFICIENT DESIGN FitLinxx° compatible • STRIDE LENGTH PROGRAMS ❑ Significantly shorter than other PowerWalk I:El premium ellipticals or treadmills; - A- fits conveniently in small spaces. Stride Interval rr Dual Direction • r OCTANEFITNESS . COM STANDING ELLIPTICALS 9 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Jay Lotthammer, Director, Purchase Precor Fitness Equipment for the Parks and Recreation Community Center from Push-Pedal-Pull Requested Action Move to: Authorize the purchase of three Precor AMTs at the Eden Prairie Community Center at a cost of$20,495 from Push-Pedal-Pull. Synopsis The Community Center has a comprehensive equipment replacement plan to ensure equipment remains current and operational within industry standards. Funds have been set aside for the replacement of fitness equipment on an annual basis as the equipment becomes aged and obsolete. The new equipment acquisition will replace three original model AMTs purchased in 2010. The models currently on the fitness floor are utilized by many members. With the advances in design to the AMT since its original design we have made the decision to replace the existing AMT's with a newer version rather than repair the existing equipment. Comparable pricing was obtained and due to pricing, quality and fit, staff selected these products. Attachments Price Quote Specifications Purchase Recommendation h,eirii.,. PUSH PEDAL PULL 952 469- Prepared by: Paul D Petrick 21653 Cedar Ave, Ste 5,6,7 P Lakeville MN 55044 Cell/Text: (612)310-0381 Quote Date Quote# ppetrick@pushpedalpull.com 6/21/2016 16557 Billing Address Shipping Address EDEN PRAIRIE COMMUNITY CENTER EDEN PRAIRIE COMMUNITY CENTER Kara Jeter Kara Jeter 16700 VALLEY VIEW RD 16700 VALLEY VIEW RD EDEN PRAIRIE MN 55346 EDEN PRAIRIE MN 55346 Account No. Customer Email 3600426 EDEN PRAIRIE COMMUNITY CENTER schouinard@edenprairie.org Item# MFR MODEL Description Qty MSRP Price Extended 2352 PRECOR PHRCA8353060... AMT 835 OPEN STRIDE-P30 3 9,395.00 6,499.00 19,497.00 9901 FC FREIGHT COMMERCIAL 1 399.00 399.00 9977 DEL DELIVERY/INSTALLATION 1 599.00 599.00 Standard Terms and Conditions: 1) 50%deposit and approve P.O.with order. Balance due upon delivery.Send To: Subtotal $: 20,495.00 2306W 41st Street Sioux Falls,SD 57105 2) All unit prices are F.O.B.destination. Sales Tax $: 0.00 1 3) Prices are subject to change 30 days after the quote date. 4) There will be a 2%monthly service charge on all overdue accounts. The buyer is also responsible for any collection and/or legal fees involved in collecting past due accounts. Total 20,495.00 5) The above quotation is computed to be performed during regular business hours. Any special request by the buyer necessary to complete work will be paid by the buyer Acceptance of Proposal: 6) Clerical errors are subject to correction. 7) Buyer agrees to promptly file claim for all goods damaged in transit. These prices,specifications,and conditions are satisfactory and are 8) There will be a and20 restocking fee on merchandise ordered and returned. herebyaccepted. I am authorized to order the equipment listed with Delivery,Set-Up, Freight will not be refunded. p 9) A Preventative Maintenance Agreement is available. full understanding of the payment terms. 10)Equipment lease is available with approved credit. L Date: Authorized Signature: P.O.Number: Print Signature: _ecor ' ADAPTIVE STRIDE LENGTH-Naturally adapt stride length without the need to control settings. From zero to 36 inches (0 to 91 cm), to match the desired workout for each unique user. OPEN STRIDETM-Open StrideTM is a unique feature J*pr ' that allows exercisers to adapt their stride height from 6.8 to 10 inches (17 to 25 cm) and stride length from zero to 36 inches (0 to 91 cm). 0 DUAL ACTION-Dual action provides both upper and lower pushingbody andwor pullingkout.motion Arms toare provideengaged thewith ultimate in total body engagement. ' STRIDE DIALTM-The pendulum-like swing of the Stride Dial"' helps users see stride length to determine the muscle groups being worked. As stride length changes, the Stride Dial updates real- time. BIOMECHANICS-Biomechanics validated by Western Washington University Biomechanics Lab for users • 411. of all fitness levels and sizes, from the 5% size female to the 95% size male user. Excellent stability and freedom of movement. RESISTANCE SYSTEM-Twenty resistance levels ranging from 20 watts (level 1 at 60 SPM, zero stride length)to 375 watts (level 20 at 120 SPM, max • stride length). CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 16-5927 ITEM NO.: VIII.G. Leslie Stovring Approve Cost Share Funding Agreement with Public Works/Environmental Riley-Purgatory-Bluff Creek Watershed District for Fire Station 2 Landscaping Project. Requested Action Move to: Approve the Cost Share Funding Agreement with the Riley-Purgatory-Bluff Creek Watershed District for the Fire Station 2 Landscaping Project. Synopsis RPBCWD has awarded the City a grant in the amount of$9,750 for conversion of a portion of the landscaping to native plantings and low-mow fescue. Matching funds will come from the stormwater and water utilities. Background Information On June 6, 2016,the City was awarded a Cost-Share Grant for conversion of a portion of the landscaping at Fire Station 2 to a mix of native plantings and low-mow fescue grasses. The grant covers the area between the building and Homeward Hills Boulevard. The program will include augmentation of existing plant beds with native species, conversion of traditional turf to a mix of low-grow fescue and native plants and creation of educational signage. The area will be used as a demonstration area for the public to illustrate the use of native fescues within yard areas and provide pollinator habitat. An ag-lime trail and educational signage will be incorporated into the area to provide an educational experience. The City agreed to match approximately$15,000 for the cost share grant. Matching funds would come from the stormwater and water utilities. The conversion is part of a larger plan to incorporate a water reuse system at the Fire Station with a grant that the RPBCWD and City were awarded from the Metropolitan Council. It is anticipated that the water reuse system will be going to the Watershed District Board and City Council for approval in October 2016. Construction of the system and installation of the landscaping would start in the fall 2016 and completed concurrently with the construction of the reuse system in spring 2017. The Agreement includes the following provisions: • The areas seeded with native plants will be maintained free from yard waste disposal,placement of structures or other alterations that impede the function of the native landscaping area to provide water quality protection or provide habitat. • The plantings must be replaced or reseeded as needed each spring to maintain ecological health and function. Attachment Riley-Purgatory-Bluff Creek Watershed District Cost-Share Agreement RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT Cost- Share Funding Agreement Riley Purgatory Bluff Creek Watershed District and City of Eden Prairie The parties to this cost-share agreement are the Riley Purgatory Bluff Creek Watershed District, a public body with purposes and powers set forth at Minnesota Statutes Chapters 103B and 103D (RPBCWD) , and the City of Eden Prairie, a body corporate and politic and a STATUTORY city of the State of Minnesota (CITY) . The purpose of this Agreement is to provide cost-share assistance for the construction and maintenance of a project demonstrating water resource conservation and providing education at Fire Station 2 , property owned by the CITY (the Property) . RPBCWD has determined that it will contribute cost-share funding for construction of [a] water resources -conservation practice [s] in conjunction with a project CITY has undertaken to convert the landscaping at Fire Station 2 from turf grass to water conserving native plantings and low-mow fescues . RPBCWD has determined the amount of funding that it will contribute to the construction and design of the practice [s] on the basis of the water-quality improvement, public education and demonstration benefits that will be realized . RPBCWD commits to reimburse CITY in accordance with the terms and on satisfaction of the conditions of this Agreement. 1 . Scope of Work CITY will provide for : augmentation of existing plant beds with natives ; creation of additional native plant beds ; seeding of a native prairie ; conversion of traditional turf to low grow fescue ; and creation of educational signage (the Facilities) on the Property, or construct the Facilities itself, in accordance with the Site Plan , Design and Budget attached to and incorporated into this Agreement as Exhibit A . Educational signage must be approved by RPBCWD prior to installation. CITY may adjust the work during construction based on field conditions or other adaptive design considerations as in its judgment will better achieve the purposes of the Facilities . CITY will submit to RPBCWD a report that includes a narrative describing the construction of the Facilities, as -built drawings of the Facilities , a description of and receipts documenting eligible costs incurred including in-kind contributions, a description of any changes made or expected to the Facilities and photographs documenting construction (Project Report) . A final Project Report must be submitted to RPBCWD within 30 days of the certification by CITY ' s engineer of completion of construction . CITY will maintain a copy of the Site Plan and Design and other records concerning the Facilities for six years from the date CITY receives or completes the as -built drawings of the Facilities . RPBCWD may examine , audit or copy any such records on reasonable notice to CITY . Riley Purgatory Bluff 1 Creek Public Cost- Share Agreement Watershed District 2 . Contractor CITY will select a contractor or contractors for the Facilities or construct the Facilities itself and ensure construction of the Facilities in accordance with Exhibit A . In contracting for construction of the Facilities , CITY will ensure that no person is excluded from full employment rights or participation in or benefits of any program, service , or activity on the grounds of race, color, creed , religion , age , sex, disability , marital status , sexual orientation , public-assistance status or national origin , and that no person protected by applicable federal or state laws , rules or regulations against discrimination is subject to discrimination . 3 . Reimbursement On receipt and approval of a Project Report and accompanying documentation ( including receipts and as -built drawings) and certification by a registered engineer on behalf of CITY that construction has been completed and the Facilities are complete, functional and conforming to Exhibit A, and inspection by RPBCWD of construction, RPBCWD will reimburse CITY 50 percent of CITY ' s eligible costs to design and construct the Facilities . Reimbursement under this Agreement will not exceed a total of $9 ,750 . RPBCWD has determined that partial performance of obligations under section 1 of this Agreement may confer no or limited benefit on RPBCWD . As a result : a . RPBCWD may withhold 10 percent of any reimbursement under this section 3 until RPBCWD has confirmed substantial completion of the Facilities ; and b . if construction, including vegetation establishment where specified, of the Facilities is not substantially completed in material conformance with the approved plans and specifications within two (2) years of the date this Agreement is fully executed , subject to delays outside of CITY ' s control , RPBCWD will not be obligated to provide reimbursement to CITY under this Agreement and may declare this Agreement rescinded and no longer of effect . Notwithstanding, the parties will consult before RPBCWD makes a decision to deny reimbursement or rescind the Agreement . 4 . Right of Access CITY will permit RPBCWD representatives to enter the Property at reasonable times to inspect the work, ensure compliance with this Agreement and monitor or take samples for the purposes of assessing the construction or performance of the Facilities and compliance with the terms of this Agreement . If RPBCWD finds that an obligation under this Agreement is not being met, it will provide 30 days ' written notice and opportunity to cure, and thereafter may declare this Agreement void . CITY will reimburse RPBCWD for all costs incurred in the exercise of this authority, including reasonable engineering, legal and other contract costs . 5 . Maintenance CITY will maintain the Facilities for a minimum of 10 years from the date construction is complete in accordance with the Maintenance Plan & Schedule attached as Exhibit B . If CITY fails to maintain the Facilities , RPBCWD will have a right to reimbursement of all amounts paid to CITY , Riley Purgatory Bluff 2 Creek Public Cost- Share Agreement Watershed District unless RPBCWD determines that the failure to maintain the Facilities was caused by reasons beyond CITY ' s control . If the CITY conveys into private Cityship a fee interest in all or any portion of the public property that is subject to this Agreement, it must 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 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 the CITY conveys into public Cityship a fee interest in all or any portion of the property that is subject to this Agreement, it must require as a condition of the purchase and sale Agreement that the purchaser accept an assignment of all obligations vested under this Agreement. 6 . Acknowledgment and Publicity Any publicly distributed or displayed printed or electronic documents or other text display regarding the Facilities will properly acknowledge the funding provided by RPBCWD . The CITY will cooperate with RPBCWD to seek publicity and media coverage of the Facilities , and to allow members of the public periodically to enter the Property to view the Facilities in the company of an RPBCWD representative . CITY will permit RPBCWD , at its cost and discretion, to place reasonable signage on CITY ' s property informing the general public about the Facilities and RPBCWD ' s cost-share program . 7 . Independent Relationship ; Indemnification RPBCWD ' s role under this Agreement is solely to provide funds to support the performance of voluntary work by CITY that furthers the purposes of RPBCWD . This Agreement is not a joint powers agreement under Minnesota Statutes section 471 . 59 . CITY acts independently and selects the means , method and manner of constructing the Facilities . No employee , representative, contractor or consultant of any party to this Agreement has acted or may act in any respect as the agent or representative of the other party . Any right to review or approve a design, work in progress or a constructed facility provided by the Agreement to RPBCWD is solely for RPBCWD ' s purpose of accounting for RPBCWD funds expended . CITY is not the agent, representative, employee or contractor of RPBCWD . CITY will hold RPBCWD, its officers , board members , employees and agents harmless , and will defend and indemnify RPBCWD , with respect to all actions, costs , damages and liabilities of any nature arising from : (a) CITY ' s negligent or otherwise wrongful act or omission , or breach of a specific contractual duty; or (b) a subcontractor ' s negligent or otherwise wrongful act or omission , or breach of a specific contractual duty owed by CITY to RPBCWD . No action or inaction of RPBCWD or the CITY under this Agreement creates a duty of care on the part . of RPBCWD or the CITY for the benefit of any third party . 8 . Remedies ; Immunities Only contractual remedies are available for a party ' s failure to fulfill the terms of this Agreement . Notwithstanding any other term of this Agreement, the District and the Partner waive no immunities in tort. No action or inaction of a party under this Agreement creates a duty of care Riley Purgatory Bluff 3 Creek Public Cost- Share Agreement Watershed District for the benefit of any third party . This Agreement creates no right in and waives no immunity , defense or liability limitation with respect to any third party . 9 . Effective Date ; Termination ; Survival of Obligations This Agreement is effective when fully executed by all parties and expires 10 years thereafter . RPBCWD retains the right to void this Agreement if construction of the Facilities is not certified as substantially complete by June 1 , 2017 . RPBCWD may grant a request to extend the construction-completion period based on satisfactory explanation and documentation of the need for an extension . Upon issuance by RPBCWD of notice of RPBCWD ' s determination to void this Agreement, CITY will not receive any further reimbursement for work subject to this Agreement, unless RPBCWD extends the construction -completion period . All obligations that have come into being before termination , specifically including obligations under paragraphs 4 , 5 , 6 , 7 and 8 will survive expiration . 10 . Compliance With Laws CITY is responsible to secure all permits and comply with all other legal requirements applicable to the construction of the Facilities . 11 . Notices Any written communication required under this Agreement shall be addressed to the other party as follows : To RPBCWD : Administrator Riley Purgatory Bluff Creek Watershed District 14500 Martin Drive , Suite 1500 Eden Prairie MN 55344 To CITY : 1_,E3L02 S ycal C o cm's t )( 6,Acjr- QikLA EAQ vA 7s,D 'b \c-t/L.Q,0 ta- A Rnc 1cnc ss3c9 • 12 . Waiver RPBCWD ' s failure to insist on the performance of any obligation under this Agreement does not waive its right in the future to insist on strict performance of that or any other obligation . Notwithstanding any other term of this Agreement, RPBCWD waives no immunities in tort . This Agreement creates no rights in and waives no immunities with respect to any third party or a party to this Agreement . Riley Purgatory Bluff 4 Creek Public Cost- Share Agreement Watershed District 13 . Venue and Jurisdiction The Agreement will be construed under and governed by the laws of the State of Minnesota . The appropriate venue and jurisdiction for any legal action hereunder will be Hennepin County, Minnesota . Intending to be bound, the parties hereto execute and deliver this Agreement . CITY By Date Name Its RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT By _ Date Name President Riley Purgatory Bluff 5 Creek Public Cost- Share Agreement Watershed District Exhibit A [ SITE PLAN, DESIGN, PLANS & SPECIFICATIONSBUDGET] Riley Purgatory Bluff 6 Creek Public Cost-Share Agreement Watershed District 1_._ `o N. rr - • co - 1 4 .. . co !, Pt . . V r ( . - al �.� iAO. , N ! 00 \ ..\ ' t CD > ' cu . 1111 • '14 CD , ik\- : ' \ . , - t -b Ni.; ,.. _ --..... 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' ;a; (lc ( y = ^ + ( �+ (/) 14) ' .�' ,,--j tei c% 'U `J (n b 1) (1,.. . ")) - T-7) . g. Cia 0 1.3 P t I \n = 5 ) __,- k0 ,.,- ' Po "--- '--• :n.. cci ® If v on ' O ca Q d -: = Q '' 8 :sci r- . ` 1 L4 cc-2 rli it, is 0-' ct g j (, ) d !, C 0 0 ® v�i ..� 0.) Q) ,11 L 7 CA ._�® , V �' C E E. cam, O; E _____ CAY a) 19 C) Q (1 ft: 1 - 1 CI 0 a own rr I Lit N w a APPLIED ECOLOGICAL SERVICES SPECIALISTS IN ECOLOGICAL SCIENCE , RESTORATION . MANAGEMENT AND RESEARCH 26 May 2016 TO : Leslie Stovring FROM : Matthew Lasch RE : Fire Station Native Landscaping and Prairie Seeding Leslie , Below is a breakdown of the cost for installing enhancement plant plugs within the existing native landscaping, adding another native landscaping planting bed , and installing native prairie at Eden Prairie Fire Station # 2 . The costs for management of all the areas is also included and highly recommended . Plant lists are provided below and seed proposed seed mixes are attached . The ' Design and Coordination ' would consist of finalizing the plant list and planting plan . An updated conceptual planting plan has been provided . Item Qty Unit Unit Cost Extended Final Design and Coordination 1 Is $ 500 . 00 $ 500 . 00 Additional Native Landscaping Sod removal 900 sf $ 1 . 15 $ 1 , 035 . 00 Plastic edging 175 • If $ 5 . 00 $ 875 . 00 N ative plant plugs 850 ea $ 4 . 00 $ 3 , 400 . 00 Hardwood mulch 10 cy $ 70 . 00 $ 700 . 00 Augmenting Existing Plant Beds N ative plant plugs 100 ea $ 5 . 00 $ 500 . 00 Native Prairie Prep herbicide 2 trip $ 875 . 00 $ 1 , 750 . 00 N ative seeding - BWSR 35 - 521 /35 - 641 1 Is $ 2 , 800 . 00 $ 2 , 800 . 00 Low Grow Fescue Prep herbicide 2 trip $ 500 . 00 $ 1 , 000 . 00 Seeding 1 Is $ 1 , 150 . 00 $ 1 , 150 . 00 Management Seeded areas ( prairie , low grow ) 3 yr $ 1 , 250 . 00 $ 3 , 750 . 00 Hand weeding native landscaping ( all ) 3 yr $ 1 , 000 . 00 $ 3 , 000 . 00 www , appliedecoacom Proposed Plant List Augmenting existing native landscaping Species Qty Asclepias tuberosa Butterfly milkweed 25 groups of 5 Aster azureus Sky blue aster 25 groups of 5 Echinacea angustifolia Pale purple coneflower 25 groups of 5 Liatris aspera Rough blazing star 25 groups of 5 100 New native landscaping Species Qty Carex vulpinoides Fox sedge 100 12 - 18 " o . c . perimeter Schizachyrium scoparium Little bluestem 100 12 - 18 " o . c . inside Sporobolis heterolepis Prairie dropseed 100 12 - 18 " o . c . evenly distributed Allium Stellatum Prairie onion 50 groups of 5 -7 Asclepias tuberosa Butterfly milkweed 50 groups of 5 -7 Aster azureus Sky blue aster 50 groups of 5 -7 Coreopsis palmata Prairie coreopsis 50 groups of 5 -7 Dalea purpurea Purple prairie clover 50 groups of 5 -7 Echinacea angustifolia Pale purple coneflower 50 groups of 5 -7 Geum triflorum Prairie smoke 50 groups of 5 -7 Liatris aspera Rough blazing star 50 groups of 5 -7 Phlox pilosa Prairie phlox 50 groups of 5 -7 Tradescantia bracteata Prairie spiderwort 50 groups of 5 -7 Zizia aurea Golden alexanders 50 groups of 5 -7 850 Let me know if you have any questions or would like to discuss further . Exhibit B Maintenance Plan & Schedule Buffer Areas . Buffer areas described in the Site Plan and Design attached as Exhibit A to the Agreement must be maintained as follows : a . The buffer will be maintained in perpetuity free from mowing and other vegetative disturbance except as specified herein, fertilizer application, yard or other waste disposal , the placement of structures , or any other alteration that impedes the function of the buffer in protecting water quality, shading riparian edge areas, moderating flow into an adjacent wetland or waterbody or providing habitat . b . As feasible under applicable city, county or other code, upland plantings will be subject to annual controlled burning to eliminate invasive species by a qualified professional every three to five years ; where burning is not feasible , upland plantings will be mowed to control invasive species . Invasive vegetation will be destroyed by spot treatment; herbaceous vegetation 24 inches tall or more will be mowed to a height of 16 inches . c . Upland plantings will be replaced and seeded areas will be reseeded as necessary each spring to maintain ecological health and function and in accordance with a written proposal or plan prepared by the CITY and approved by RPBCWD staff. Reporting . City will submit to the RPBCWD after years 1 , 3 , 5 , and 9 , following completion of the project described in the Site Plan and Design attached as Exhibit A to the Agreement a brief written report that describes the maintenance activities performed under the Agreement to which this Exhibit is attached , including dates , locations of inspection, maintenance activities performed and photographs of the Project . Riley Purgatory Bluff 7 Creek Public Cost- Share Agreement Watershed District CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 18, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #16-5927 ITEM NO.: VIII.H. Leslie Stovring Approve the Standard Agreement for Contract Public Works/Environmental Services with Applied Ecological Services for the Fire Station 2 Landscaping Project. Requested Action Move to: Approve Contract with Applied Ecological Services for the Fire Station 2 Landscaping Project at a cost not to exceed$20,460. Synopsis RPBCWD has awarded the City a grant for conversion of a portion of the landscaping to native plantings and low-mow fescue. Funds will come from a cost-share grant from the Riley-Purgatory- Bluff Creek Watershed District(RPBCWD) and the stormwater and water utilities. Background Information On June 6, 2016 the City was awarded a Cost-Share Grant for conversion of a portion of the landscaping at Fire Station 2 to a mix of native plantings and low-mow fescue grasses. The grant covers the area between the building and Homeward Hills Boulevard. The program will include augmentation of existing plant beds with native species, conversion of traditional turf to a mix of low-grow fescue and native plants and creation of educational signage. The area will be used as a demonstration area for the public to illustrate the use of native fescues within yard areas and provide pollinator habitat. An ag-lime trail and educational signage will be incorporated into the area to provide an educational experience. Funds would come from a cost-share grant from the RPBCWD and the stormwater and water utilities. The conversion is part of a larger plan to incorporate a water reuse system at the Fire Station that the RPBCWD and City were awarded from the Metropolitan Council (METC). It is anticipated that the water reuse system will be going to the Watershed District Board and City Council for approval in October 2016. If approved, construction of the system and installation of the landscaping would start fall 2016 and completed concurrently with the construction of the reuse system in spring 2017. SRF Consulting has assisted with the grant procurement and will be submitting a proposal to provide project oversight and preparation of a site plan for the overall project when the METC Grant is approved. Attachment Contract Standard Agreement for Contract Services This Agreement ("Agreement") is made on the ZZ day of 3.Lw'Qi . 20 tb , between the City of Eden Prairie, Minnesota(hereinafter "City), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and 4PPhe,; E''c'i'0ic4, I See.VI J S _ _ _ . a Minnesota (hereinafter "Contractor')whose business address is _ . 1gif /1'1.4s1.1'fDw►- J7 (4I, &i?ep tr)C& M1 SS3"7Z Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for V1 e-Jiv-'- j a kdSCH 1n f at") e,rk;rre re S v t-ha,-/K.-, frt a+ F`(4z Sir 1-) hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Agreement shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of js-3-w`'`v , 20 I . The Work shall be completed by IJ=iit"^' 342 ?.°1 J. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a not to exceed amount of $ ,2O, 'f lu c as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor has designated /►I a,-it-k€w C.11^. to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's CompensationStatutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident(shall include coverage for all owned,hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a"per project"basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coveraeges required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non- performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 12. Notice. Required notices to the Contractor shall be in writing, and shall be either hand-delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: /1 a-16'1-1?.A..i Lai i c1 - Are I&/ PeaIc,y ut Sevv�� \ g l el g A4 s�� /2;; CI Frig✓ !�1 kk, ivl,/ ss3-71- Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Leslie A. Stovring, Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 15. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 16. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 17. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 18. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 19. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 20. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 22. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 25. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 26. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 27. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: V. Its: �I��9►'t. •C 'pYQC"i'' ■••w►ri■ Mr"' t' 4 ■L,. . . ..1 ■■Ykii► U APPLIED ECOLOGICAL SERVICES SPECIALISTS IN ECQLCGICAL SCIENCE, RESTORATION. MANAGEMENT ANC. RESEARCH 26 May 2016 TO: Leslie Stovring FROM: Matthew Lasch RE: Fire Station Native Landscaping and Prairie Seeding Leslie, Below is a breakdown of the cost for installing enhancement plant plugs within the existing native landscaping, adding another native landscaping planting bed, and installing native prairie at Eden Prairie Fire Station#2.The costs for management of all the areas is also included and highly recommended. Plant lists are provided below and seed proposed seed mixes are attached.The'Design and Coordination'would consist of finalizing the plant list and planting plan.An updated conceptual planting plan has been provided. Item Qty Unit Unit Cost Extended Final Design and Coordination I Is $ 500.00 $ 500.00 Additional Native Landscaping Sod removal 900 sf $ 1.15 $ 1,035.00 Plastic edging 175 If $ 5.00 $ 875.00 Native plant plugs 850 ea $ 4.00 $ 3,400.00 Hardwood mulch 10 cy $ 70.00 $ 700.00 Augmenting Existing Plant Beds Native plant plugs 100 ea $ 5.00 $ 500.00 Native Prairie Prep herbicide 2 trip $ 875.00 $ 1,750.00 Native seeding-BWSR 35-521/35-641 1 Is $ 2,800.00 $ 2,800.00 Low Grow Fescue Prep herbicide 2 trip $ 500.00 $ 1,000.00 Seeding 1 Is $ 1,150.00 $ 1,150.00 Management Seeded areas (prairie, low grow) 3 yr $ 1,250.00 $ 3,750.00 Hand weeding native landscaping (all) 3 yr $ 1,000.00 $ 3,000.00 www.appliedeco.com Proposed Plant List Augmenting existing native landscaping Species Qty Asclepias tuberosa Butterfly milkweed 25 groups of 5 Aster azureus Sky blue aster 25 groups of 5 Echinacea angustifolia Pale purple coneflower 25 groups of 5 Liatris aspera Rough blazing star 25 groups of 5 100 New native landscaping Species Qty _ Carex vulpinoides Fox sedge 100 12-18" o.c. perimeter Schizachyrium scoparium Little bluestem 100 12-18" o.c. inside Sporobolis heterolepis Prairie dropseed 100 12-18" o.c. evenly distributed Allium Stellatum Prairie onion 50 groups of 5-7 Asclepias tuberosa Butterfly milkweed 50 groups of 5-7 Aster azureus Sky blue aster 50 groups of 5-7 Coreopsis palmata Prairie coreopsis 50 groups of 5-7 Dalea purpurea Purple prairie clover 50 groups of 5-7 Echinacea angustifolia _ Pale purple coneflower 50 groups of 5-7 Geum triflorum Prairie smoke 50 groups of 5-7 Liatris aspera _ Rough blazing star 50 groups of 5-7 Phlox pilosa Prairie phlox 50 groups of 5-7 Tradescantia bracteata Prairie spiderwort 50 groups of 5-7 Zizia aurea Golden alexanders 50 groups of 5-7 850 Let me know if you have any questions or would like to discuss further. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 16-5942 ITEM NO.: VIII.I. Rod Rue Approve Agreement For Cost Participation Public Works/Engineering with Three Rivers Park District for Dell Road/Regional Trail Crossing Improvements Requested Action Move to: Approve Agreement for Cost Participation with Three Rivers Park District for Dell Road and Minnesota River Bluffs LRT Regional Trail Crossing Improvements. Synopsis Three Rivers Park District has prepared plans and specifications for regional LRT trail crossing improvements at Dell Road. The current trail crossing has a significant skew across Dell Road. The proposed improvements will include a trail realignment which reduces the skew and provides a crossing angle closer to perpendicular. In addition, a shorter left turn lane into Bearpath will be created which will allow for a wider refuge median at the trail crossing location. Other improvements include pedestrian activated Rectangular Rapid Flashing Beacons (RRFB), lighting, retaining wall, and pedestrian ramps as well as other minor improvements. Financial Implications Through this agreement, the City of Eden Prairie will be responsible for twenty-five percent (25%) of the final construction cost for these improvements. Based on the 100% design estimate, our maximum financial obligation will be $52,047.50 which will be financed through our Transportation Fund. Attachment Agreement for Cost Participation with Three Rivers Park District MINNESOTA RIVER BLUFFS LRT REGIONAL TRAIL CROSSING IMPROVEMENTS AT DELL ROAD AGREEMENT FOR COST PARTICIPATION This agreement (the "Agreement") is made and entered into this day of 20_, by and between the Three Rivers Park District, a body corporate and politic and a political subdivision of the State of Minnesota ("Park District"), and the City of Eden Prairie, a Minnesota municipal corporation ("City"). WHEREAS, Park District is a political subdivision of the State of Minnesota authorized by statute to acquire, establish, operate and maintain park and trail systems; and WHEREAS, the Park District has requested City participation in the costs of construction for an improved bicycle/pedestrian trail crossing on Dell Road in the City of Eden Prairie; and WHEREAS, the abovementioned bicycle/pedestrian trail which crosses Dell Road is known and identified as the Minnesota River Bluffs LRT Regional Trail; and WHEREAS, the trail crossing improvements include trail realignment, earthwork, retaining walls, concrete curb and gutter, bituminous road mill and overlay, median refuge island, site lighting, rectangular rapid flash beacon (RRFB), and pedestrian curb ramps and are hereinafter referred to as the "Project"; and WHEREAS, the Park District or its agents will prepare preliminary and final plans and specifications for the construction of the Project, and will be responsible for the construction administration of the Project. NOW THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, City and Park District agree as follows: 1. Financial Participation. Upon completion of the Project, the Park District shall notify the City and shall submit invoices indicating the City's share of construction costs. The Park District shall submit documentation showing the Park District's construction costs for the Project. The City shall submit documentation showing the site lighting costs for the Project. The City shall be responsible for twenty-five percent (25%) of the final construction cost. Upon completion of the Project, the City shall reimburse the Park District City's share of the construction costs for the Project. It is understood and agreed by the parties hereto that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the Park District's engineering, or designated representatives, shall govern in computing the total final share of the construction costs for the City and Park District respectively according to the provisions herein. It is further understood and agreed that the final quantities as measured by the Park District's Engineer or designated representatives for contract pay items in which the City and Park District are participating shall be subject to the review and approval by the City Engineer. Page 1 The City will within forty five (45) days of said invoice, deposit with the Park District funds totaling the amount of said invoice. 2. Lead Agency. The Park District or its agents shall administer construction of the Project and perform all required engineering, inspection and testing. The Park District shall apply for all necessary permits, including a permit from the Hennepin County Regional Railroad Authority for any work within the Hennepin County Regional Railroad Authority's right of way. Park District shall pay for the permit. The City and Park District agree that the Park District may make changes in the plans or in the character of said construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner consistent with the plans approved by the City and Park District. The City Engineer and Park District Engineer, or designated representatives shall have the opportunity to review any proposed changes to the plans prior to the work being performed. 3. Project Documents. The Park District or its agents shall prepare the preliminary and final plans for the Project and shall obtain comments of said final plans from the City. Plans and specifications prepared by the Park District or its agents, shall be designed according to the Minnesota Department of Transportation (MnDOT) construction standards and practices, and shall be consistent with the MnDOT "Bicycle Transportation Planning and Design Guidelines" and the "Guidance for Three Rivers Park District Trail Crossings". One (1) set of final plans shall be provided at no cost to the City prior to the start of any construction in PDF format. All records kept by the City and Park District with respect to this Project shall be subject to examination by the representatives of each party hereto. 4. Maintenance of Trail, Site Lighting, and RRFB. It is understood and agreed by the parties hereto that upon completion of the Project proposed herein, all regional trail improvements included in the Project shall be maintained by the Park District and all maintenance, restoration, repair or replacement required thereafter shall be performed by the Park District at no expense to the City. Park District maintenance includes the regional trail, regional trail information and regulatory signage, kiosk signage and concrete pad, adjacent landscaping within trail easement right-of-way, and trail retaining wall. It is understood and agreed by the parties hereto that upon completion of the Project proposed herein, all street, local trail and sidewalk, site lighting, and RRFB improvements included in the Project shall become the property of the City and Park District will not be responsible for maintenance, restoration, repair or replacement required thereafter. City maintenance includes concrete curb and gutter, pedestrian ramps, trail and sidewalk adjacent to Dell Road, street lighting, median refuge island, RRFB, and roadway signage. Page 2 5. Designated Representatives. In order to coordinate the services of the Park District with the activities of the City so as to accomplish the purpose of the Agreement, the City Engineer, or designated representatives shall manage this Agreement on behalf of the City and shall serve as liaison between the City and the Park District. In order to coordinate the services of the City with the activities of the Park District so as to accomplish the purpose of this Agreement, the Park District's Superintendent and Secretary to the Park District's Board or a designated representative shall manage this Agreement on behalf of the Park District and shall serve as liaison between the Park District and the City. 6. Indemnification. The City agrees to defend, indemnify and hold harmless the Park District, their officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the City, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the ownership, maintenance, existence, restoration, repair or replacement of the City owned improvements. The Park District agrees to defend, indemnify and hold harmless the City, their officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, cost or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the Park District, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to ownership, maintenance, existence, restoration, repair or replacement of the Park District owned improvements. Under no circumstances, however, shall a party be required to pay on behalf of itself and the other party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for both parties may not be added together to determine the maximum amount of liability for either party. The intent of this paragraph is to impose on each party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to permit liability claims against both parties from a single occurrence to be defended by a single attorney. 7. Liability. Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The City's and the Park District's liability are governed by the provisions of Minnesota Statutes, Chapter 466. The City and the Park District each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self- insurance program. Page 3 It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to the Agreement signed by the parties hereto. 8. Claims. It is further agreed that any and all employees of the Park District and all other persons engaged by the Park District in the performance of any work or services required or provided for herein to be performed by the Park District shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. Also, any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the Park District, and that any and all claims that may or might arise under the Worker's Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act of omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the Park District. 9. Preamble Inclusion. The matters set forth in the "WHEREAS" clauses at the beginning of this Agreement are incorporated into and made part hereof by this reference. 10.Audit Disclosure and Data Practices. The books, records, documents and accounting procedures and practices of the Park District and City relevant to this Agreement are subject to examination by the each party and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Park District or City 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 the City and Park District shall comply with those requirements. All subcontracts entered into by the City and Park District in relation to this Agreement shall contain similar Data Practices Act compliance language. Page 4 IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF EDEN PRAIRIE THREE RIVERS PARK DISTRICT By: By: Its Mayor Date Its Chair - Board of Commissioners Date By: By: Its City Manager Date Its Superintendent Date J:\PROJECTS\Regional Trails\TMB 1601 Dell Road Safety Improvement\J Permanent Records\I Agency Agreements\Eden Prairie\20160721_CostParticipationAgreement_Del IRoad_EP_Fina I.docx Page 5 EXHIBIT A: Trail Realignment Project Map T / TO HWY 212 .mr._ / ' - . / BEARPATH ROAD -- . / / / try / / / i / /EX1STING TRA#LKIOSK _ '�'• RECTANGULAR RAPID FLASHING.----- ,l 1BEACON(FACING SOUTH) A ' ok • / ~t .-: / PROPOSED PEDESTRIAN LEVEL �. ` �� LIGHT •:„:„... / RECTANGULAR RAPID FLASHING BEACON(FACING NORTH AND SOUTH) PRO OS ., •S_ .-4 , PEDESTRIAN LEVEL III= `' i \ - -� LIGHT ���` NO 5 / .0; RECTANGULAR RAPID -:_J,.' FLASHING BEACON 'it•'• ' ` . -�' r. (FACING NORTH) - 4r- ' / 7 / .• _, .:1.111110*.. _ _ / TO PIONEER TRAIL i. Dell Road-Aerial Perspective View Ty gree )ves Page 6 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Mike Schmidt/Streets Approve Purchase of Salt Brine Production Division and Blending System from State of Minnesota Cooperative Purchasing Venture for$70,430 Requested Action Move to: Approve Purchase of Salt Brine Production and Blending System from State of Minnesota Cooperative Purchasing Venture for $70,430. Synopsis The Eden Prairie Streets Division plans to replace the manual brine production system with a fully automated system. This would allow city personnel to run and monitor production from a desk top computer in the Incident Command Room or other office spaces. The system would eliminate the need for an employee to be physically present during brine production and operation. To manually formulate brine with our current system an operator needs to take continual salinity samples, temperature readings and adjust accordingly. One staff member typically spends the entire day watching over production while the anti-ice trucks are out in the field. Additionally, a staff member has to monitor the tanks throughout the week to ensure there is enough product for plow operators to fill during events. A fully automated system will be able to perform these tasks without that labor investment, and will send electronic notifications when tanks are full, empty or the hopper needs more salt. It will also allow a pre-set recirculation time for each tank, saving personnel from having to do this several times throughout the week. The unit also has a blending system with control pad that allows the assigned user to set the type of blend that is needed during each storm. The system has the added advantage of tracking and logging all blends being used by each truck during a storm response or anti-icing operation. Attachment State of Minnesota Cooperative Purchasing Venture Pricing OVariTech Industries Inc. a I VARITECN® A subsidiary of FORCE America,Inc. 501 East Cliff Road INDUSTRIES Burnsville,MN 55337 LIQUID MANAGEMENT (952)707-1300 Date: 7/5/16 Total Pages(including cover):3 To: City Of Eden Prairie Attn Accounts Payable 15150 Technology Drive Eden Prairie MN 55344 USA Attn: Email: bkleven@VariTech-Industries.com From: VariTech Industries Inc Phone Number:888-208-0686 4115 Minnesota Street FAX Number:320-763-5612 Alexandria MN 56308 USA sales@varitech-industries.com Subject: Message: www.forceamerica.com 4/ VariTech Industries Inc. Sales Quotation VARITECN® A subsidiary of FORCE America,Inc. 501 East Cliff Road INDUSTRIES Burnsville,MN 55337 i,00,n„,p„neme„r (952)707-1300 QUOTE QT060-1004932-2 DATE 7/5/2016 S 001045 S 13493 PAGE O City Of Eden Prairie H City Of Eden Prairie L Attn Accounts Payable I Attn Accounts Payable 2 OF 3 p 15150 Technology Drive p 15150 Technology Drive Eden Prairie MN 55344 Eden Prairie MN 55344 T USA T USA I O 0 Expiration Date: 9/15/2016 Ship From: VariTech Industries Inc Customer Ref.: Brine/Blend Boss Site 160 Customer P/O: Brine/Blend Boss 4115 Minnesota Street Customer Contact: Alexandria MN 56308 Payment Terms: Net 30 days USA Created By: Kleven, Bjorn J Sales Rep: Kleven, Bjorn J F.O.B.: Alexandria, MN NOTES Price per state contract S-829(5). Price does not include freight- FOB Alexandria, MN. Please see included literature. Thank you- PRODUCT/ DESCRIPTION REQUESTED QTY U/M PRICE EXTENSION SHIP DATE 1087598 6/17/2016 1 EA 10,990.00 10,990.00 1 Model Sb600 Salt Brine System With Cast Iron Pump VAR MODEL SB600 Base manual brine maker. 1087469 7/24/2016 1 EA 37,450.00 37,450.00 2 Brine Boss Pkg For Sb600 1 Tank Control Cabinet VAR BB-SB600-1 Brine Boss automated upgrade package. Includes valving, sensors, and hosing for filling single existing storage tank(not included in price). 1103828 Rev, B 6/17/2016 1 EA 21,990.00 21,990.00 3 Blend Boss Gen II, KZ Valves, Larger Pumps, Larger Steel Sheet Components Blend Boss Gen II Blender comes complete and ready for installation. System does not include fittings or hose for hooking up to existing tanks. **"Unless Otherwise Noted, Prices Do Not Include Freight*** Accepted By: ( MERCHANDISE TOTAL: $70,430.00 MISC CHARGE: $0.00 Date: TAX: $0.00 QUOTE TOTAL: $70,430.00 Questions about our order? Contact us b •hone at 888-208-0686 or email us at sales@varitech-industries.com www.forceamerica.com VARITECH INDUSTRIES, INC. TERMS AND CONDITIONS Acceptance: These Terms and Conditions shall govern all contracts for the sale of any goods to Buyer by VariTech Industries, Inc. and/or its subsidiaries and divisions (collectively "Seller"). These Terms and Conditions shall control over any conflicting terms and condition set forth in any request for quotation, purchase order, confirmation or other transaction document submitted to Seller by Buyer. Delays in Delivery: Seller shall not be responsible for any delay in delivery of goods to Buyer due to fires, strikes, riots, Acts of God, government orders or restrictions, delays in transportation delays by suppliers or materials or parts, inability to obtain necessary labor or other causes beyond Seller's control. In the event of such delay, the delivery date shall be extended for a reasonable period of time. Damage or Loss in Transit: All risk of loss shall pass to Buyer at the time of delivery of the goods. Deliver of the goods to any carrier shall constitute delivery of the goods to Buyer, regardless of which party retained or hired the carrier. Warranties: Seller warrants that any goods sold by Seller to Buyer shall be free from defects in material and workmanship for a period of one (1) year from the date of delivery. THIS WARRANTY SHALL BE THE SOLE AND EXCLUSIVE WARRANTY MADE BY SELLER TO BUYER. SELLER HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Exclusive Remedy: If within the aforementioned one—year warranty period, any goods sold by Seller are proven by Buyer to be defective to Seller's reasonable satisfaction, then such defective goods shall be repaired or replaced, at Seller's sole option. THIS REMEDY SHALL BE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO BUYER. BUYER SHALL NOT, UNDER ANY CIRCUMSTANCES, BE ENTITLED TO RECOVER ANY INCIDENTAL, CONSEQUENTIAL OR CONTINGENT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS. Payment: Buyer shall pay Seller's invoices within thirty (30) days of receipt. Buyer agrees to pay interest to Seller on any past—due amounts at the rate of 18% per year. Security Interest: To secure payment of Seller's invoices, Buyer hereby grants Seller a security interest in all goods sold by Seller to Buyer. Buyer hereby authorizes Seller to file financing statements on behalf of Buyer to perfect Seller's security interest. In the event Buyer fails to timely pay Seller for any goods sold to Buyer, Seller may proceed, at its option, to utilize the remedies available to a secured party under Article 9 of the Uniform Commercial Code. Freight Terms: All sales made by Seller to Buyer shall be F.O.B. Seller ?s Distribution Center. Returned Goods: Goods may only be returned by Buyer with Seller's prior authorization and consent. Only unused goods in original containers of current design will be considered for return. Specially manufactured, custom or modified goods shall not be returnable. Buyer shall pay all transportation charges for any goods accepted for return by Seller. Buyer shall also pay a restocking charge equal to 15% of the original price of any goods accepted by Seller for return. Taxes and Other Charges: Buyer shall be responsible for paying any taxes, duties, fees, or other charges imposed by any governmental entity based upon Buyer's purchase of any goods from Seller. Legal Action: These Terms and Conditions and the terms of any contract for the sale of goods by Seller to Buyer shall be governed by and construed in accordance with Minnesota law. Any action relating to or arising out of any contact for the sale of goods by Seller to Buyer shall be venued in state or federal court in Minnesota. Buyer consents to the personal jurisdiction of Minnesota courts and waives any defense that venue in Minnesota is in any manner inconvenient. Buyer shall pay all attorney fees, costs and disbursements incurred by Seller in collecting any amounts due from Buyer, enforcing these Terms and Conditions and/or enforcing the terms of any contract for the sale of goods by Seller to Buyer. Any legal action by Buyer against Seller relating to or arising out of any contract for the sale of goods by Seller to Buyer shall be brought within one (1) year after the delivery of the goods or be forever barred. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.K. Robert Ellis Master License Agreement with Verizon Public Works/Engineering Wireless for Small Cell Installations Requested Action Move to: Adopt resolution approving master license agreement with Verizon Wireless for small cell installations. Background Information Small cell technology is becoming increasingly essential to provide the public with adequate mobile cellular service. Small cell facilities work as a companion to large mobile macro sites traditionally scene on water towers, high-rise buildings or stand alone antennae. Small cells sites help offload targeted traffic from a mobile network by providing the first and last 1,000 feet of transmission. Small cell sites are then connected via fiber optics to macro sites where the transmission can then go global. Small cell sites provide the needed coverage in dark areas that lack coverage or in high traffic areas that need additional support infrastructure. This master agreement details the general conditions for future Verizon Wireless small cell site installations on city infrastructure or on city property. Prior to the construction of a small cell site Verizon Wireless and the city would need to enter into a supplemental agreement that would detail specific design components at that location. These small cell facilities will be purposed onto existing infrastructure like street light poles to consolidate the number of poles in the right-of-way. In exchange for allowing Verizon Wireless to locate on a city street light, the city will receive lease payments of$1,200 per installation per year. Also, the existing high pressure sodium street light will be removed and replaced with a new Verizon Wireless installed LED street light. The net result will be a decreased street light operating cost for the city, replacement of an old street light asset with a new one, an energy efficient LED street light, and a long term annual revenue stream of$1,200 per installation. Verizon Wireless is also planning to make similar installations on Xcel Energy electrical transmission poles as would be allowed with existing ordinances. In those cases, the city would not be able to collect lease revenue, upgrade an old street light asset or receive the benefit of an energy efficient LED replacement. Attachment Master License Agreement Resolution MASTER LICENSE AGREEMENT This Master License Agreement (the " Agreement " ) made this day of 2016 , between the City of Eden Prairie , Minnesota, with its principal offices located at 8080 Mitchell Road, Eden Prairie , MN 55344 , hereinafter designated LICENSOR, and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless , with its principal offices located at One Verizon Way, Mail Stop 4AW100 , Basking Ridge , New Jersey 07920 (telephone number 866- 862 -4404) , hereinafter designated LICENSEE . LICENSOR and LICENSEE are at times collectively referred to hereinafter as the " Parties " or individually as the " Party . " WITNESSETH WHEREAS , LICENSOR is the owner of, or holds a leasehold or other possessory interest in, certain properties , utility poles and/or facilities , which are located within the geographic area of a license held by LICENSEE to provide wireless services issued by the Federal Communications Commission; and WHEREAS , LICENSEE desires to install, maintain and operate communications and related equipment (the "Equipment") in and/or upon certain of LICENSOR' s light poles , traffic control poles , and certain public right-of-way ("ROW") and/or real property; and WHEREAS , LICENSOR and LICENSEE desire to enter into this Agreement to define the general terms and conditions which govern their relationship with respect to particular sites at which LICENSOR may wish to permit LICENSEE to install , maintain and operate the Equipment as hereinafter set forth; and WHEREAS , LICENSOR and LICENSEE acknowledge that they will enter into a license supplement ( " Supplement " ) , a copy of which is attached hereto as Exhibit A, with respect to each particular location or site which the Parties agree to license . NOW , THEREFORE , in consideration of the mutual covenants contained herein, the adequacy and sufficiency of which is hereby acknowledged, the parties hereto , for themselves , their successors and assigns , do hereby covenant and agree as follows : I. LICENSEE ' S REQUEST TO USE PREMISES a. Before LICENSEE shall make use of any space on any of LICENSOR' S light poles , traffic signal poles , conduits , conductor pull boxes , appurtenances , public ROW and/or real property as shall be more fully described in each Supplement to be executed by the Parties , hereinafter referred to as the "Premises " under this Agreement, LICENSEE shall request permission in writing, which writing shall include a draft Supplement, and shall comply with the procedures set forth in this section . b . Approval of this Agreement by LICENSOR shall be in the form of an approved City Council Resolution. Following said approval of this Agreement, each individual Supplement may be approved by the City Manager or his/her designee . Master License Agreement ( SC ) 1 City of Eden Prairie 3093332v1 c . LICENSEE shall have the non- exclusive right, at its sole cost and expense , to use the Premises , as identified in each individual Supplement, for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto , in a manner consistent with each Supplement ("Approved Use") . d . Regarding each individual Supplement : If, in the judgment of LICENSOR, LICENSEE' S use under the circumstances is undesirable , LIChNSOR shall have the right to reject the application . In any event, within thirty (30) days after the receipt of such application LICENSOR may notify LICENSEE in writing whether the application is approved or rejected . If LIChNSOR does not notify LICENSEE within thirty (30) days the application shall be deemed rejected . LICENSEE shall use the Premises only in accordance with good engineering practices and in compliance with all applicable Federal Communications Commission ("FCC") , federal , state , and local rules , laws and regulations . e . Along with each application, LICENSEE shall furnish LICENSOR detailed Construction Plans and drawings for each individual Premises , together with necessary maps , indicating specifically the Poles of LICENSOR to be used, the number and character of the attachments to be placed on such Poles , equipment necessary for LICENSEE' S use, replacements of existing Pole (s) , any additional Pole(s) which may be required, and any new installations for transmission conduit, pull boxes , and appurtenances (the "Work . ") The Parties shall execute a Supplement for each Premises . Upon execution of the Supplement, LICENSEE shall have the right to use the Premises and proceed with the Work in accordance with the terms of the Supplement and this Agreement . LICENSEE shall perform all Work at its own expense and in such manner as to not interfere with LICENSOR ' s use of the Property or the Premises . f. All Poles used by LICENSEE under this Agreement, including Poles installed by LIChNSEE , shall remain the property of LICENSOR, and any payments made by the LICENSEE for changes to existing lighting or signal poles , conduits, conductor pull boxes , facilities , and appurtenances , or installation of any new Poles , conduits , conductor pull boxes , facilities , or appurtenances , under this Agreement shall not entitle LICENSEE to ownership of any of said infrastructure . g . LICENSOR reserves the right to exclude any of LICENS OR ' s light poles , traffic signal poles , towers , conduits , conductor pull boxes , appurtenances , public ROW and/or real property from use by LICENSEE . II . PREMISES . Pursuant to all of the terms and conditions of this Agreement, and the applicable Supplement, LICENSOR agrees to license to LICENSEE the Premises , for the installation, operation and maintenance of Equipment ; together with the non- exclusive right of ingress and egress from a public ROW, seven (7) days a week, twenty four (24) hours a day, over the Property (as defined below) to and from the Premises . LICENSOR' s light poles , traffic control poles , and other poles and towers are referred to herein as " Pole " or "Poles " . Master License Agreement ( SC) 2 City of Eden Prairie 3093332v1 The entirety of LICENS OR' s ROW and real property is referred to herein as the " Property " . The primary use and purpose of the Property, inclusive of the Premises , is to provide for traffic control and street lighting ("Primary Use") . LICENSOR ' S operations take priority over LICENSEE ' S operations . LICENSEE agrees that the following priorities of use , in descending order, shall apply in the event of communication interference , emergency public safety needs, Premises repair or reconditioning, or other conflict while this Agreement is in effect, and LICENSEE ' S use shall be subordinate accordingly : ( 1 ) LICENSOR, its employees , agents and contractors ; (2) Public safety agencies , including law enforcement, fire, and ambulance services , that are not related to LICENSOR; (3 ) Other governmental agencies where use is not related to public safety; (4) Pre-existing licensees (if any) ; (5 ) LICENSEE referenced in this Agreement . In the event of Jeopardy that poses an immediate threat of substantial harm or damage to the health, safety and welfare of the public and/or Property/Premises , as solely determined by LICENSOR ("Jeopardy") , the LICENSOR may take actions the LICENSOR determines are required to address such Jeopardy provided that promptly after such actions that affect the Premises , and in no event later than seventy-two (72) hours after such actions , LICENSOR gives written notice to LICENSEE of LICENSOR ' S emergency actions . If LICENSOR determines that the conditions of a Jeopardy would be benefited by cessation of LICENSEE ' S operations , LICENSEE shall immediately cease its operations on the Premises upon notice from LICENSOR to do so , and the Term (as defined herein) of the applicable Supplement shall terminate . In the event there are not sufficient electric and telephone, cable or fiber utility sources located at the Premises or on the Property, LICENSEE may request approval from the LICENSOR, by submitting to LESSOR a written plan for installation, to install such utilities on, over and/or under the Property and to the Premises as necessary for LICENSEE to operate its Approved Use . LICENSOR shall , in its sole discretion, notify LICENSEE that it approves, denies or modifies the plan within thirty (30 ) business days of receipt of the same , and in the case of any denial or modification LICENSOR shall state the reasons therefor . LICENSEE must, at the time of application and at any future time as requested by LICENSOR, obtain and submit to LICENSOR a structural engineering study carried out by a qualified structural engineer, showing that the Pole (s) is (are) able to support the Equipment . Said study must be signed by an engineer licensed in Minnesota per State Rule 1800 . 4200 and Minnesota Statute 326 . If the study finds that any proposed structure is inadequate to support the proposed loads, LICENSEE shall not install the Equipment and the license for the Premises at issue shall terminate . Master License Agreement ( SC ) 3 City of Eden Prairie 3093332v1 III. INSTALLATION OF EQUIPMENT a. Construction Plans For the initial installation of all Equipment and for any and all subsequent revisions and/or modifications thereof, or additions thereto , LICENSEE shall provide LICENSOR with two (2) sets of construction plans (" Construction Plans ") consisting of the following : Line or CAD drawings showing the location and materials of all planned installations plus an Engineer ' s Estimate of all materials and construction methods ; Construction Specifications and Product Specifications for all planned installations ; Diagrams and Shop Drawings of proposed Equipment ; A complete and detailed inventory of all equipment and personal property of LICENSEE actually placed on the Premises . LICENSOR retains the right to survey the installed equipment . Construction Plans shall be easily readable and subject to prior written approval by LICENSOR, which shall not be withheld, conditioned or delayed without cause . LICENSOR shall have thirty (30) business days to review and comment on the Construction Plans . Should the Construction Plans need to be revised based on the comments provided by LICENSOR, no construction shall commence until final approval is granted by LICENSOR. Final Construction Plans shall have affixed to them the signature of LICENSEE ' S engineer who shall be licensed in the State of Minnesota per Minnesota Rule 1800 . 4200 and Minnesota State Statute 326 . b . Construction Scheduling At least ten ( 10) business days prior to LICENSEE ' S construction mobilization, LICENSEE shall conduct a meeting on the Property or other location as agreed upon. Said meeting shall at a minimum be attended by a representative of LICENSOR and all parties involved in the installation . c . Construction Inspection All construction activity shall be subject to inspection and approval by LICENSOR . Inspection may be performed at any time during the course of the construction activity reasonably determined by LICENSOR, at LICENSEE ' S expense . Construction work performed without approval of LICENSOR will not be accepted and shall be removed or uninstalled at LICENSEE ' S sole expense . LICENSEh shall be solely responsible for all costs associated with said inspection and approval of Work by LICENSOR. Master License Agreement ( SC ) 4 City of Eden Prairie 3093332v1 d . Exposed Equipment All Equipment affixed to a structure on the Premises which has exterior exposure shall be as close to the color of the structure as is commercially available to the LICENSEE . For exposed cables , wires or appurtenances , LICENSOR reserves the right to require LICENSEE to provide cables , wires or appurtenances in manufactured colors which are commercially available , in lieu of painting . e . Damage by LICENSFE Any damage to the Property, the Premises , or LICENSOR ' S structures or equipment thereon caused by LICENSEE in any manner shall be repaired or replaced at LICENSEE ' S expense and to LICENSOR ' S satisfaction . f. As-Built Drawings Within thirty (30) days after LICENSEE activates the Equipment, LICENSEE shall provide LICENSOR with an As -Built drawing in electronic file format compatible with LICENSOR' S record file system consisting of As-Built drawings of the Equipment installed at the Premises and on any of the Property, which shall show the actual location of all Equipment . Said drawings shall be accompanied by a complete and detailed site survey of the Property and an inventory of all Equipment . g . Permits LICENSEE may also be required to obtain from LICENSOR, or the appropriate governing agency as applicable , any and all permits required for a complete installation . Said permits shall include , but not be limited to : Obstruction/Excavation, Meter Hooding, Storm Water, etc . Applicable fees for any permits shall be borne by LICENSEE and LICENSEE shall be bound by the requirements of said permits . IV. MAINTENANCE and REPAIR of EQUIPMENT (a) Property LICENSOR reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter, or improve the Property . (b) Structure Reconditioning and Repair ( 1 ) From time to time , LICENSOR paints , reconditions, or otherwise improves or repairs the Property or structures or improvements thereon ("Reconditioning Work") . LICENSOR shall reasonably cooperate with LICENSEE to carry out Reconditioning Work in a manner that minimizes interference with LICENSEE ' S Approved Use . (2) Except in cases of emergency , prior to commencing Reconditioning Work, Master License Agreement ( SC ) 5 City of Eden Prairie 3093332v1 LICENSOR shall provide LICENSEE with not less than thirty (30) days prior written notice thereof Upon receiving such notice, it shall be the sole responsibility of LICENSEE to provide adequate measures to cover or otherwise protect the Equipment from the consequences of such activities , including but not limited to paint and debris fallout . LICENSOR reserves the right to require LICENSEE to remove all Equipment during Reconditioning Work. (3 ) During LICENSOR' S Reconditioning Work, and after approval by LICENSOR in its sole discretion, LICENSEE may maintain a mobile site on the Premises or on any land owned or controlled by LICENSOR in the immediate area of the Premises . If the Premises will not accommodate mobile equipment, it shall be LICENSEE ' S responsibility to locate auxiliary sites . (4) LICENSEE may request a modification of LICENSOR' S procedures for carrying out Reconditioning Work in order to reduce the interference with LICENSEE ' S Approved Use . If LICENSOR agrees to the modification, LICENSEE shall be responsible for all incremental cost related to the modification . (c) Premises LICENSEE shall, at its own cost and expense , maintain the Equipment in good and safe condition, and in compliance with applicable fire , health, building, and other life safety codes . LICENSEE shall obtain from LICENSOR any and all permits required for the purposes of maintaining the Equipment . Applicable fees for any permits shall be borne by LICENSEE and LICENSEE shall be bound by the requirements of said permits . V. CONDITION OF PREMISES . Where the Premises includes one or more Poles , LICENSOR will keep and maintain the Poles in good repair as required for their Primary Use and in the ordinary course of business as its budget permits . LICENSOR makes no guarantee as to the condition of any Premises with regard to LICENSEE ' S intended use . VI . TERM ; RENTAL . This Agreement shall be for a term of ten ( 10) years commencing upon the execution hereof by both Parties . Each Supplement shall be effective as of the date of execution by both Parties (the " Effective Date " ) . The initial term of each Supplement shall be for five (5 ) years and shall commence based upon the date LICENSEE commences installation of the equipment on the Premises . In the event the date LICENSEE commences installation of the equipment on the Premises falls between the 1st and 15th of the month, the initial term of the Supplement shall commence on the 1st of that month and if the date installation commences falls between the 16th and 31st of the month, then the initial term shall commence on the 1st day of the following month (either the " Commencement Date") . On the Commencement Date of each Supplement, rental payments shall commence and be due at a total annual rental as set forth in each Supplement, to be paid to LICENSOR as set forth below. LIC1 NSOR and LICENSEE acknowledge and agree Master License Agreement ( SC) 6 City of Eden Prairie 3093332v1 that the initial rental payment for each Supplement may not actually be sent by LICENSEE until forty- five (45 ) days after the Commencement Date . To reimburse LICENSOR for its costs related to the management of the Premises , LICENSEE shall pay to LICENSOR a Base Rent ("Base Rent") equal to One Thousand Two Hundred and NO/ 100 Dollars ($ 1 ,200 . 00) per year for each Premises (i . e . , Pole, whether new or existing) upon which LICENSEE has installed the Equipment . LICENSEE shall furnish and install an electrical meter at the Property for the measurement of electrical power used by LICENSEE ' s installation and shall pay the electric service provider for the cost of electricity used by LICENSEE . On all Supplements with a Commencement Date other than January 1 , the first year ' s rent shall be prorated to the end of the year in which the Commencement Date occurs . Similarly, for all Supplements that expire or otherwise terminate on a date other than December 31 , the rent shall be prorated from the beginning of the year to the end of the month in which the Supplement expires or otherwise terminates . Subsequent to the initial payment of pro -rated rents in the year of the Commencement Date , the Base Rent due hereunder for all subsequent years shall be paid prior to January first ( 1st) of each succeeding year . In addition, the parties acknowledge and agree that LICENSEE has paid to LICENSOR a one-time , lump - sum administrative/application fee of Two Thousand Five Hundred Dollars ($ 2 , 500 . 00) for this Agreement . Upon agreement of the Parties , LICENSEE may pay rent by electronic funds transfer and in such event, LICENSOR agrees to provide to LICENSEE bank routing information for such purpose upon request of LICENSEE . VII. EXTENSIONS . This Agreement may be extended three (3 ) additional five (5 ) year terms by mutual agreement between LICENSOR and LICENSEE . Any such extension shall be memorialized in writing . Absent an extension in writing this Agreement shall terminate at the end of the then current term . Each Supplement shall automatically be extended for one ( 1 ) additional five (5 ) year term unless LICENSEE terminates the Supplement at the end of the initial five (5 ) year term by giving LICENSOR written notice of the intent to terminate at least three (3 ) months prior to the end of the initial term ; provided however, each Supplement shall terminate automatically upon the expiration or termination of this Agreement . The initial term and all extensions under this Agreement or a Supplement shall be collectively referred to herein as the "Term . " VIII . USE ; GOVERNMENTAL APPROVALS . LICENSEE shall use the Premises only for the Approved Use . It is understood and agreed that LICENSEE ' s license to use the Premises is contingent upon its obtaining and maintaining all of the certificates, permits and other approvals (collectively the " Governmental Approvals " ) that may be required by any Federal, State or other governmental authorities as well as a satisfactory structural analysis, and a radio frequency analysis as stated in Master License Agreement ( SC ) 7 City of Eden Prairie 3093332v1 "ENVIRONMENTAL" below. LICENSOR shall cooperate with LICENSEE in its effort to obtain such approvals . In the event that (i) any application for such Governmental Approvals should be finally rejected ; (ii) any Governmental Approval issued to LICENSEE is canceled, expires , lapses , or is otherwise withdrawn or terminated ; or (iii) LICENSEE determines that such Governmental Approvals may not be obtained in a timely manner, LICENSEE shall have the right to terminate the applicable Supplement . Notice of LICENSEE ' s exercise of its right to terminate shall be given to LICENSOR in accordance with the notice provisions set forth herein and shall be effective upon the later of: (a) the receipt of such notice as set forth in NOTICE below; (b) upon such later date as designated by LICENSEE ; or (c) upon LICENSEE ' s removal of the Equipment as required herein . All rentals paid to said termination date shall be retained by LICENSOR . Upon such termination, the applicable Supplement shall be of no further force or effect except to the extent of the representations , warranties and indemnities made by each Party to the other thereunder . Otherwise, the LICENSEE shall have no further obligations for the payment of rent to LICENSOR for the terminated Supplement . IX. INDEMNIFICATION. LICENSEE shall , to the extent permitted by law, indemnify and hold LICENSOR harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the use of the Property and/or the Premises by LICENSEE, its employees , contractors or agents , except to the extent such claims or damages may be due to or caused solely by the negligence or willful misconduct of LICENSOR, or its employees , contractors or agents . X. INSURANCE . a . The Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts , such insurance is now or hereafter carried by the Parties , or either of them . These waivers and release shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning the Premises or the Property shall waive the insurer' s right of subrogation against the other Party . b . LICENSEE agrees that at its own cost and expense , it will maintain commercial general liability insurance with limits of $ 4 , 000 , 000 per occurrence for bodily injury (including death) and $ 4 , 000 , 000 general aggregate . LICENSEE will provide Certificates of Insurance evidencing the coverage required and including LICENSOR as an additional insured as its interest may appear under this Agreement . The insurance policies shall be issued by a company (rated A : VII or better by Best Insurance Guide) licensed, authorized or permitted to do business in the State of Minnesota . The policies shall specify that the coverage will be the primary and noncontributory . The policies shall also insure the indemnification obligation(s) contained in this Agreement and any Supplement . c . LICENSEE shall maintain worker' s compensation insurance in compliance with Master License Agreement ( SC ) 8 City of Eden Prairie 3093332v1 the statutory requirements of the state in which the Premises is located and Employer ' s Liability with a limit of $ 1 , 000 , 000 each accident/disease/policy limit. XL LIMITATION OF LIABILITY. LICENSOR shall be not be liable to the LICENSEE, or any of its respective agents , representatives , employees for any lost revenue , lost profits , loss of technology, rights or services , incidental, punitive , indirect, special or consequential damages , loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages , whether under theory of contract, tort (including negligence) , strict liability or otherwise . XII . ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LICENSEE is not in default hereunder beyond applicable notice and cure periods, LICENSEE shall have the right to terminate each Supplement upon the annual anniversary of the Commencement Date provided that three (3 ) months prior notice is given to LICENSOR. XIII. INTERFERENCE . LICENSEE agrees to install the Equipment of the type and frequency which will not cause interference which is measurable in accordance with then existing industry standards to any equipment of LICENSOR or to other licensees of the Property which existed prior to the date this Agreement is executed by the Parties . In the event any of the Equipment causes such interference , and after LICENSOR has notified LICENSEE in writing of such interference, LICENSEE will take all steps necessary to correct and eliminate the interference , including but not limited to , at LICENSOR' s option, powering down such Equipment and later powering up such Equipment for intermittent testing . XIV. REMOVAL AT END OF TERM. LICENSEE shall , upon expiration of the Term, or within ninety (90 ) days after any earlier termination of a Supplement, remove its Equipment, conduits , fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear excepted . LICENSOR agrees and acknowledges that all of the equipment, conduits , fixtures and personal property of LICENSEE shall remain the personal property of LICENSEE and LICENSEE shall have the right to remove the same at any time during the Term . All Poles , conduit and pole boxes are and shall remain property of LICENSOR. If at such time for removal LICENSEE fails to remove its equipment, LICENSEE shall pay rent at twice the then existing monthly rate or the existing monthly pro -rata basis if based upon a longer payment term, until such time as the removal of the antenna structure, fixtures and all personal property are completed . Contemporaneously with the delivery to LICENSOR of this Agreement executed by LICENSEE, LICENSEE solely at its cost and expense, will procure and deliver to LICENSOR an irrevocable letter of credit ("Letter") in favor of LICENSOR in the principal amount of Five Thousand and 00/ 100 Dollars ($ 5 , 000 . 00) to secure LICENSEE ' s obligation herein to remove Master License Agreement ( SC ) 9 City of Eden Prairie 3093332v1 the Equipment. In the event LICENSEE fails to remove the Equipment and restore the Property, reasonable wear and tear and casualty damage excepted, LICENSOR may do so . LICENSEE shall reimburse LICENSOR for all costs incurred by LICENSOR in removing the Equipment and restoring the Property . LICENSOR may draw upon the Letter in an amount that will reimburse LICENSOR for its costs . Any amount remaining will be refunded to LICENSEE . If the Letter is insufficient to cover LICENSOR' s costs LICENSEE shall promptly pay to LICENSOR the deficiency . XV . NO REPRESENTATION OR WARRANTY - CONDITIONAL GRANT LICENSOR makes no representation or warranty regarding the condition of its title to the Property or its right to grant to LICENSEE use or occupation thereof under this Agreement. The license granted herein is " as is . " LICENSEE is entering into this Agreement and LICENSEE ' s use of the Property is subject to LICENSI-.E ' s own investigation and acceptance . LICENSEE ' s rights granted pursuant to this Agreement are subject and subordinate to all limitations , restrictions , and encumbrances relating to LICENSOR' s interest in the Property that may affect or limit LICENSOR' s right to grant those rights to LICENSEE . XVI. ASSIGNMENT . This Agreement and each Supplement under it may be sold, assigned or transferred by the LICENSEE without any approval or consent of the LICENSOR to the LICENSEE' s principal, affiliates , subsidiaries of its principal or to any entity which acquires all or substantially all of LICENSEE' s assets in the market defined by the FCC in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties , this Agreement and each Supplement may not be sold, assigned or transferred without written consent of LICENSOR given in its sole discretion . LICENSEE shall provide written notice of all sales , assignments or transfers within 60 days thereof No change of stock ownership, partnership interest, or, control of LICENSEE shall constitute an assignment hereunder . In the event of any sale , assignment or transfer, LICENSEE shall not be relieved of any of its obligations under this Agreement or any of the Supplements whose term has not expired or otherwise terminated at the time of such sale, assignment or transfer . XVII . NOTICES . All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier' s regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier' s receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice) : LICENSOR : City of Eden Prairie Attn : City Engineer 8080 Mitchell Road Eden Prairie, MN 55344 Master License Agreement ( SC ) 10 City of Eden Prairie 3093332v1 LICENSEE : Verizon Wireless (VAW) LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention : Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing . XVIII. RECORDING . LICENSOR agrees to execute a Memorandum of each Supplement which LICENSEE may record with the appropriate recording officer. The date set forth in the Memorandum of License is for recording purposes only and bears no reference to commencement of either the Term or rent payments . XIX. DEFAULT . In the event there is a breach by a Party with respect to any of the provisions of this Agreement or a Supplement or its obligations thereunder, the non-breaching Party shall give the breaching Party written notice of such breach . After receipt of such written notice, the breaching Party shall have thirty (30) days in which to cure any breach, provided the breaching Party shall have such extended period as may be required beyond the thirty (30) days if the breaching Party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion . A Party ' s failure to cure a breach within the time period set forth herein shall constitute a "Default" . XX. REMEDIES . In the event of a Default by either Party, without limiting the non- defaulting Party in the exercise of any right or remedy which the non- defaulting Party may have by reason of such Default, the non- defaulting Party may terminate this Agreement and/or the applicable Supplement and/or may pursue any remedy now or hereafter available to the non- defaulting Party under the Laws or judicial decisions of the state in which the Premises are located . Further, upon a Default, LICENSOR may at its option (but without obligation to do so) , perform LICENSEE ' S duty or obligation on LICENSEE ' S behalf, including but not limited to the obtaining of reasonably required insurance policies . The costs and expenses of any such performance by LICENSOR shall be due and payable by LICENSEE upon invoice therefor . XXI . ENVIRONMENTAL . a. Upon Request of LICENSOR, LICENSEE must obtain at LICENSEE ' S cost a radio frequency interference study carried out by an independent professional radio frequency engineer ("RF Engineer") showing that LICENSEE ' S use will not interfere with any existing, licensed communications facilities , or LICENSOR ' s licensed and unlicensed communications Master License Agreement ( SC) 11 City of Eden Prairie 3093332v1 facilities . The RF Engineer shall provide said evaluation to LICENSOR and LICENSEE no later than thirty (30) days after frequencies are provided by LICENSOR. LICENSEE shall not transmit or receive radio waves at the Property until such evaluation has been satisfactorily completed . b . LICENSEE shall hire an RF Engineer to conduct a radiation survey of the Property following LICENSEE ' S initial RF transmissions on the Premises . LICENSEE shall be responsible for all costs of such survey . LICENSEE shall provide a copy of the survey to LICENSOR upon its completion . c . LICENSEE shall implement all measures at the transmission site required by FCC regulations , including but not limited to posting signs and markings . LICENSOR shall cooperate with and permit LICENSEE to implement all reasonable measures in order for LICENSEE to fulfill its FCC obligations . LICENSOR agrees that in the event any future party causes the entire site to exceed FCC Radio Frequency radiation limits , as measured on the Premises, LICENSOR shall hold such future party liable for all such later- arising non-compliance . XXII . CASUALTY. In the event of damage by fire or other casualty to the Pole or Premises that cannot reasonably be expected to be repaired within forty-five (45 ) days following same or which LICENSOR elects not to repair, or if the Pole or Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LICENSEE ' s operations at the Premises for more than forty- five (45 ) days , then LICENSEE may, at any time following such fire or other casualty, provided LICENSOR has not completed the restoration required to permit LICENSEE to resume its operation at the Premises , terminate the Supplement upon fifteen ( 15 ) days prior written notice to LICENSOR. Any such notice of termination shall cause the Supplement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of the Supplement . The rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LICENSEE' s use of the Premises is impaired . XXIII . APPLICABLE LAWS . LICENSEE shall , at LICENSEE' s sole cost and expense, comply with (a) all Laws to the extent that they relate to LICENSEE' s use of the Premises ; and (b) all building codes requiring modifications to the Premises due to the improvements being made by LICENSEE in the Premises . It shall be LICENS OR' s obligation to comply with all Laws relating to the Premises in general . XXIV. MISCELLANEOUS . This Agreement and the Supplements that may be executed from time to time hereunder contain all agreements , promises and understandings between the LICENSOR and the LICENSEE regarding this transaction, and no oral agreement, promises or understandings shall be binding upon either the LICENSOR or the LICENSEE in any dispute , controversy or Master License Agreement ( SC ) 12 City of Eden Prairie 3093332v1 proceeding . This Agreement may not be amended or varied except in a writing signed by all Parties . This Agreement shall extend to and bind the heirs , personal representatives , successors and assigns hereto . The failure of either party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights hereunder shall not waive such rights and such party shall have the right to enforce such rights at any time . The performance of this Agreement via each Supplement shall be governed interpreted , construed and regulated by the laws of the state in which the Premises is located without reference to its choice of law rules . XXV . 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 term of this Agreement or the applicable Supplements shall cease as of the date of the granting of the petition or the date of the closing . All rentals paid to said termination date shall be retained by LICENSOR. Any award, compensation, or damages, shall be paid to and be the sole property of LICENSOR, but nothing herein shall preclude LICPINSI- E from claiming against the condemning authority with respect to moving expenses and loss of personal property, and receiving an award therefor . XXVI . DATA PRACTICES . This Agreement and the Supplements are 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 LICENSEE in performing any of the functions of the LICENSOR during performance of this Agreement or a Supplement is subject to the requirements of the Data Practice Act and LICENSEE shall comply with those requirements as if it were a government entity . [Remainder of Page Intentionally Blank-Signatures on Following Page] Master License Agreement ( SC ) 13 City of Eden Prairie 3093332v1 IN WITNESS WHEREOF , the Parties hereto have set their hands and affixed their respective seals the day and year first above written . LICENSOR : By : Title : Mayor Date : AND By : Title : City Manager Date : LICENSEE : Verizon Wireless (VAW) LLC d/b/a Verizon Wireless ti/14 By : Name : ' '134 'ae James R . Martin Title : Exee iL cu'ctar - Director • Network Field Engineering Date : elate /7 • Master License Agreement ( SC ) 14 City of Eden Prairie 3093332v1 EXHIBIT " A " LICENSE SUPPLEMENT 1 . This Supplement ("this Supplement") , is made this day of , 20_ between the City of Eden Prairie , Minnesota, with its principal offices located at 8080 Mitchell Road, Eden Prairie , MN 55344 ( " LICENSOR" ) , and d/b/a Verizon Wireless , whose principal place of business is One Verizon Way, Mail Stop 4AW100 , Basking Ridge , New Jersey 07920 ( " LICENSEE " ) . 2 . Master License Agreement. This Supplement is a Supplement as referenced in that certain Master License Agreement between LICENSOR and LICENSEE , dated , 201 (the " Agreement " ) . All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement . In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern . Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein . 3 . Premises . The Property owned by Licensor is located at the Premises licensed by the LICENSOR to the LICENSEE hereunder is described on Exhibit " 1 " attached hereto and made a part hereof 4 . Term . The Commencement Date and the Term of this Supplement shall be as set forth in the Agreement . 5 . Consideration . Annual rent for this Supplement shall be , payable as set forth in the Agreement . 6 . Site Specific Terms . (Include any site- specific terms) [Remainder of Page Intentionally Blank- Signatures on Following Page] Master License Agreement ( SC ) 15 City of Eden Prairie 3093332v1 IN WITNESS WHEREOF , the Parties hereto have set their hands and affixed their respective seal the day and year first above written . LICENSOR : By : [EXHIBIT ONLY - NOT FOR EXECUTION] Print Name : Title : Date : LICENSEE : Verizon Wireless (VAW) LLC d/b/a Verizon Wireless By : JEXHIBIT ONLY - NOT FOR EXECUTIONI Name : Title : Date : Master License Agreement ( SC) 16 City of Eden Prairie 3093332v1 EXHIBIT 1 Premises (Include Map , Pole Diagram, Site Plan and Table Listing All Pole Locations) Master License Agreement (SC ) 17 City of Eden Prairie 3093332v1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2016- A RESOLUTION APPROVING MASTER LICENSE AGREEMENT BETWEEN VERIZON WIRELESS AND THE CITY OF EDEN PRAIRIE,MINNESOTA WHEREAS, small cell technology is becoming increasingly essential to provide the public with adequate mobile cellular service; and WHEREAS, small cell facilities work as a companion to large mobile macro sites traditionally scene on water towers, high-rise buildings or stand alone antennae; and WHEREAS, small cells sites help offload targeted traffic from a mobile network by providing the first and last 1,000 feet of transmission, and are then connected via fiber optics to macro sites where the transmission can then go global; and WHEREAS, small cell sites provide the needed coverage in dark areas that lack coverage or in high traffic areas that need additional support infrastructure; and WHEREAS, small cell facilities are permitted to be located within the right-of-way; and WHEREAS,this master license agreement would allow for the co-location of public utility facilities within the right-of-way which is in the interest of the public; and WHEREAS, in many cases the small cell installation will result in the removal of an existing high pressure sodium street light that will be replaced with a new energy efficient LED street light. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1. This master license agreement details the general conditions for future Verizon Wireless small cell site installations on city infrastructure or on city property. 2. Prior to the construction of a small cell site, Verizon Wireless and the city would need to enter into a license supplement agreement that would detail specific design components at that location. 3. In exchange for allowing Verizon Wireless to locate on a city street light, the city will receive lease payments for each license supplement agreement executed. ADOPTED by the Eden Prairie City Council on July19, 2016. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.L. Robert Ellis License Supplement Agreement with Verizon Public Works/Engineering Wireless for Small Cell Installation at Homeward Hills Road South of Pioneer Trail Requested Action Move to: Approve license supplement agreement with Verizon Wireless for small cell installation at Homeward Hills Road south of Pioneer Trail. Background Information Small cell technology is becoming increasingly essential to provide the public with adequate mobile cellular service. Small cell facilities work as a companion to large mobile macro sites traditionally scene on water towers, high-rise buildings or stand alone antennae. Small cells sites help offload targeted traffic from a mobile network by providing the first and last 1,000 feet of transmission. Small cell sites are then connected via fiber optics to macro sites where the transmission can then go global. Small cell sites provide the needed coverage in dark areas that lack coverage or in high traffic areas that need additional support infrastructure. This supplemental agreement to the master agreement details specific design components at the small cell location of Homeward Hills Road south of Pioneer Trail. The agreement calls for the removal of an existing high pressure sodium street light and the installation of a new LED street light with small cell equipment being attached. In exchange for allowing Verizon Wireless to locate on a city street light, the city will receive lease payments of$1,200 per installation per year. Also, the existing high pressure sodium street light will be removed and replaced with a new Verizon Wireless installed LED street light. The net result will be a decreased street light operating cost for the city, replacement of an old street light asset with a new one, an energy efficient LED street light, and a long term annual revenue stream of$1,200 per installation. Verizon Wireless is also planning to make similar installations on Xcel Energy electrical transmission poles as would be allowed with existing ordinances. In those cases, the city would not be able to collect lease revenue, upgrade an old street light asset or receive the benefit of an energy efficient LED replacement. Attachment License Supplement Agreement (Copy of Exhibit 1 available at the Office of the City Manager) MIN Juniper Sc ! LICENSE SUPPLEMENT 1 . This Supplement ("this Supplement") is made this day of , 2016 , between the City of Eden Prairie , Minnesota, with its principal offices located at 8080 Mitchell Road, Eden Prairie, MN 55344 ( " LICENSOR" ) , and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless , whose principal place of business is One Verizon Way, Mail Stop 4AW100 , Basking Ridge, New Jersey 07920 ( " LICENSEE " ) . 2 . Master License Agreement. This Supplement is a Supplement as referenced in that certain Master License Agreement between LICENSOR and LICENSEE, dated 2016 , (the " Agreement " ) . All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement . In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern . Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 3 . Premises . The Property owned by Licensor is located in the public right- of-way of Homeward Hills Rd. in the City of Eden Prairie, Minnesota; the Premises licensed by the LICENSOR to the LICENS hE hereunder is described on Exhibit " 1 " attached hereto and made a part hereof. 4 . Term . The Commencement Date and the Term of this Supplement shall be as set forth in the Agreement . 5 . Consideration . Annual rent for this Supplement shall be One Thousand Two Hundred and NO/ 100 Dollars ($ 1 , 200 . 00) , payable as set forth in the Agreement. 6 . Site Specific Terms . A new pole shall be installed by LICENSEE (the "New Pole") at the location shown in Exhibit 1 , and, upon completion of construction of the New Pole, LICENSEE shall convey the New Pole to LICENSOR without further consideration to or from LICENSOR pursuant to a Bill of Sale . LICENSOR will thereafter be responsible for the New Pole as provided in the Agreement . LICENSEE shall coordinate with LICENSOR and Xcel Energy regarding the removal and disposal of the replaced pole . LICENSOR shall be responsible for utility locate requests for the electrical line running from the electrical meter to the New Pole . [Remainder of Page Intentionally Blank- Signatures on Following Page] MIN Juniper SC1 1 License Supplement 3121165v2 IN WITNESS WHEREOF , the Parties hereto have set their hands and affixed their respective seal the day and year first above written . LICENSOR : By : Title : Mayor Date : AND By : Title : City Manager Date : LICENSEE : Verizon Wireless (VAW ) LLC d/b/a Verizon Wireless niBy : Name: James R. Martin Title : Director — Network Field Engineering Date : ant, / / MIN Juniper SC1 2 License Supplement 3121165v2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.M. Robert Ellis License Supplement Agreement with Verizon Public Works/Engineering Wireless for Small Cell Installation at Pioneer Trail East of Mill Creek Drive Requested Action Move to: Approve license supplement agreement with Verizon Wireless for small cell installation at Pioneer Trail east of Mill Creek Drive. Background Information Small cell technology is becoming increasingly essential to provide the public with adequate mobile cellular service. Small cell facilities work as a companion to large mobile macro sites traditionally scene on water towers, high-rise buildings or stand alone antennae. Small cells sites help offload targeted traffic from a mobile network by providing the first and last 1,000 feet of transmission. Small cell sites are then connected via fiber optics to macro sites where the transmission can then go global. Small cell sites provide the needed coverage in dark areas that lack coverage or in high traffic areas that need additional support infrastructure. This supplemental agreement to the master agreement details specific design components at the small cell location of Pioneer Trail east of Mill Creek Drive. The agreement calls for the removal of an existing high pressure sodium street light and the installation of a new LED street light with small cell equipment being attached. In exchange for allowing Verizon Wireless to locate on a city street light, the city will receive lease payments of$1,200 per installation per year. Also, the existing high pressure sodium street light will be removed and replaced with a new Verizon Wireless installed LED street light. The net result will be a decreased street light operating cost for the city, replacement of an old street light asset with a new one, an energy efficient LED street light, and a long term annual revenue stream of$1,200 per installation. Verizon Wireless is also planning to make similar installations on Xcel Energy electrical transmission poles as would be allowed with existing ordinances. In those cases, the city would not be able to collect lease revenue, upgrade an old street light asset or receive the benefit of an energy efficient LED replacement. Attachment License Supplement Agreement (Copy of Exhibit 1 available at the Office of the City Manager) MIN Juniper SC2 LICENSE SUPPLEMENT 1 . This Supplement (" this Supplement") is made this day of , 2016 , between the City of Eden Prairie, Minnesota, with its principal offices located at 8080 Mitchell Road, Eden Prairie, MN 55344 ( " LICENSOR " ) , and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless , whose principal place of business is One Verizon Way, Mail Stop 4AW100 , Basking Ridge , New Jersey 07920 ( ' LICENSEE " ) . 2 . Master License Agreement . This Supplement is a Supplement as referenced in that certain Master License Agreement between LICENSOR and LICENSEE, dated 2016 , (the " Agreement " ) . All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement . In the event of a contradiction , modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern . Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein . 3 . Premises . The Property owned by Licensor is located in the public right- of-way of Mill Creek Drive in the City of Eden Prairie, Minnesota; the Premises licensed by the LICENSOR to the LICENSEE hereunder is described on Exhibit " 1 " attached hereto and made a part hereof. 4 . Term . The Commencement Date and the Term of this Supplement shall be as set forth in the Agreement . 5 . Consideration . Annual rent for this Supplement shall be One Thousand Two Hundred and NO/ 100 Dollars ($ 1 , 200 . 00) , payable as set forth in the Agreement . 6 . Site Specific Terms . A new pole shall be installed by LICENSEE (the "New Pole") at the location shown in Exhibit 1 , and, upon completion of construction of the New Pole , LICFNSEE shall convey the New Pole to LICENSOR without further consideration to or from LICENSOR pursuant to a Bill of Sale . LICENSOR will thereafter be responsible for the New Pole as provided in the Agreement . LICENSEE shall coordinate with LICENSOR and Xcel Energy regarding the removal and disposal of the replaced pole . LICENSOR shall be responsible for utility locate requests for the electrical line running from the electrical meter to the New Pole . [Remainder of Page Intentionally Blank- Signatures on Following Page] MIN Juniper SC2 1 License Supplement 3122740v2 IN WITNESS WHEREOF , the Parties hereto have set their hands and affixed their respective seal the day and year first above written . LICENSOR : By : Title : Mayor Date : AND By : Title : City Manager Date : LICENSEE : Verizon Wireless (VAW) LLC d/b/a Verizo fireless By : 7/7 Name ciatt4“. 4i-efrafix Title : Bxteeuti ) ii or work biarecf-traFiJALo-r rtv Date : - (c, MIN Juniper SC2 2 License Supplement 3122740v2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.N. Robert Ellis License Supplement Agreement with Verizon Public Works/Engineering Wireless for Small Cell Installation at Pioneer Trail East of Spoon Ridge Requested Action Move to: Approve license supplement agreement with Verizon Wireless for small cell installation at Pioneer Trail east of Spoon Ridge. Background Information Small cell technology is becoming increasingly essential to provide the public with adequate mobile cellular service. Small cell facilities work as a companion to large mobile macro sites traditionally scene on water towers, high-rise buildings or stand alone antennae. Small cells sites help offload targeted traffic from a mobile network by providing the first and last 1,000 feet of transmission. Small cell sites are then connected via fiber optics to macro sites where the transmission can then go global. Small cell sites provide the needed coverage in dark areas that lack coverage or in high traffic areas that need additional support infrastructure. This supplemental agreement to the master agreement details specific design components at the small cell location of Pioneer Trail east of Spoon Ridge. The agreement calls for the removal of an existing high pressure sodium street light and the installation of a new LED street light with small cell equipment being attached. In exchange for allowing Verizon Wireless to locate on a city street light, the city will receive lease payments of$1,200 per installation per year. Also, the existing high pressure sodium street light will be removed and replaced with a new Verizon Wireless installed LED street light. The net result will be a decreased street light operating cost for the city, replacement of an old street light asset with a new one, an energy efficient LED street light, and a long term annual revenue stream of$1,200 per installation. Verizon Wireless is also planning to make similar installations on Xcel Energy electrical transmission poles as would be allowed with existing ordinances. In those cases, the city would not be able to collect lease revenue, upgrade an old street light asset or receive the benefit of an energy efficient LED replacement. Attachment License Supplement Agreement (Copy of Exhibit 1 available at the Office of the City Manager) MIN Juniper SC3 LICENSE SUPPLEMENT 1 . This Supplement ("this Supplement") is made this day of , 2016 , between the City of Eden Prairie , Minnesota, with its principal offices located at 8080 Mitchell Road, Eden Prairie , MN 55344 ( " LICENSOR " ) , and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless , whose principal place of business is One Verizon Way, Mail Stop 4AW100 , Basking Ridge , New Jersey 07920 ( " LICENSEE " ) . 2 . Master License Agreement . This Supplement is a Supplement as referenced in that certain Master License Agreement between LICENSOR and LICENSEE, dated 2016 , (the " Agreement " ) . All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement . In the event of a contradiction, modification or inconsistency between the Willis of the Agreement and this Supplement, the terms of this Supplement shall govern . Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein . 3 . Premises . The Property owned by Licensor is located in the public right- of-way of Spoon Ridge in the City of Eden Prairie , Minnesota; the Premises licensed by the LICENSOR to the LICENSEE hereunder is described on Exhibit " 1 " attached hereto and made a part hereof 4 . Term . The Commencement Date and the Term of this Supplement shall be as set forth in the Agreement. 5 . Consideration . Annual rent for this Supplement shall be One Thousand Two Hundred and NO/ 100 Dollars ($ 1 , 200 . 00) , payable as set forth in the Agreement . 6 . Site Specific Terms . A new pole shall be installed by LICENSEE (the "New Pole") at the location shown in Exhibit 1 , and, upon completion of construction of the New Pole , LICENSEE shall convey the New Pole to LICENSOR without further consideration to or from LICENSOR pursuant to a Bill of Sale . LICENSOR will thereafter be responsible for the New Pole as provided in the Agreement . LICENSEE shall coordinate with LICENSOR and Xcel Energy regarding the removal and disposal of the replaced pole . LICENSOR shall be responsible for utility locate requests for the electrical line running from the electrical meter to the New Pole . [Remainder of Page Intentionally Blank- Signatures on Following Page] MIN Juniper SC3 1 License Supplement 3122893v2 IN WITNESS WHEREOF , the Parties hereto have set their hands and affixed their respective seal the day and year first above written . LICENSOR : By : Title : Mayor Date : AND By : Title : City Manager Date : LICENSEE : Verizon Wireless (VAW) LLC d/b/a Verizon ] Tireless 4 By : 04 l Name : James R. Martin Title : Director — Network Field Engineering Date : ', . MIN Juniper SC3 2 License Supplement 3122893v2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.O. Robert Ellis License Supplement Agreement with Verizon Public Works/Engineering Wireless for Small Cell Installation at Pioneer Trail East of Juniper Lane Requested Action Move to: Approve license supplement agreement with Verizon Wireless for small cell installation at Pioneer Trail east of Juniper Lane. Background Information Small cell technology is becoming increasingly essential to provide the public with adequate mobile cellular service. Small cell facilities work as a companion to large mobile macro sites traditionally scene on water towers, high-rise buildings or stand alone antennae. Small cells sites help offload targeted traffic from a mobile network by providing the first and last 1,000 feet of transmission. Small cell sites are then connected via fiber optics to macro sites where the transmission can then go global. Small cell sites provide the needed coverage in dark areas that lack coverage or in high traffic areas that need additional support infrastructure. This supplemental agreement to the master agreement details specific design components at the small cell location of Pioneer Trail east of Juniper Lane. The agreement calls for the removal of an existing high pressure sodium street light and the installation of a new LED street light with small cell equipment being attached. In exchange for allowing Verizon Wireless to locate on a city street light, the city will receive lease payments of$1,200 per installation per year. Also, the existing high pressure sodium street light will be removed and replaced with a new Verizon Wireless installed LED street light. The net result will be a decreased street light operating cost for the city, replacement of an old street light asset with a new one, an energy efficient LED street light, and a long term annual revenue stream of$1,200 per installation. Verizon Wireless is also planning to make similar installations on Xcel Energy electrical transmission poles as would be allowed with existing ordinances. In those cases, the city would not be able to collect lease revenue, upgrade an old street light asset or receive the benefit of an energy efficient LED replacement. Attachment License Supplement Agreement (Copy of Exhibit 1 available at the Office of the City Manager) MIN Juniper SC5 LICENSE SUPPLEMENT 1 . This Supplement (" this Supplement") is made this day of , 2016 , between the City of Eden Prairie, Minnesota, with its principal offices located at 8080 Mitchell Road, Eden Prairie, MN 55344 ( " LICENSOR" ) , and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless , whose principal place of business is One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ( " LICENSEE " ) . 2 . Master License Agreement. This Supplement is a Supplement as referenced in that certain Master License Agreement between LICENSOR and LICENSEE , dated 2016 , (the " Agreement " ) . All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement . In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein . 3 . Premises . The Property owned by Licensor is located in the public right- of-way of Pioneer Trail in the City of hden Prairie , Minnesota; the Premises licensed by the LICENSOR to the LICENSEE hereunder is described on Exhibit " 1 " attached hereto and made a part hereof 4 . Term . The Commencement Date and the Term of this Supplement shall be as set forth in the Agreement . 5 . Consideration . Annual rent for this Supplement shall be One Thousand Two Hundred and NO/ 100 Dollars ($ 1 , 200 . 00) , payable as set forth in the Agreement . 6 . Site Specific Terms . A new pole shall be installed by LICENSEE (the "New Pole") at the location shown in Exhibit 1 , and, upon completion of construction of the New Pole , LICENSEE shall convey the New Pole to LICENSOR without further consideration to or from LICENSOR pursuant to a Bill of Sale . LICENSOR will thereafter be responsible for the New Pole as provided in the Agreement . LICENSEE shall coordinate with LICENSOR and Xcel Energy regarding the removal and disposal of the replaced pole . LICENSOR shall be responsible for utility locate requests for the electrical line running from the electrical meter to the New Pole . [Remainder of Page Intentionally Blank- Signatures on Following Page] MIN Juniper SC5 1 License Supplement 3122956v2 IN WITNESS WHEREOF , the Parties hereto have set their hands and affixed their respective seal the day and year first above written . LICENSOR : By : Title : Mayor Date : AND By : Title : City Manager Date : LICENSEE : Verizon Wireless (VAW) LLC d/b/a Verizon ; , ireless By : %IAA Name : ' - , r iJC 0- 4 Title : F Ditearir *Pr elet Date : MIN Juniper SC5 2 License Supplement 3122956v2 EXHIBIT 1 Premises See Attached Drawings MIN Juniper SC5 3 License Supplement 3122956v2 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.P. Rick Wahlen Approve Professional Services Agreement with Public Works/Utilities Advanced Engineering & Environmental Services (AE2S) for Controls Upgrade for Sanitary Sewer Lift Stations Requested Action Move to: Approve the professional services agreement with AE2S for the instrumentation and control services to upgrade the controls at 13 sanitary sewer lift stations at a cost of$44,400. Synopsis The City of Eden Prairie Utilities Division is upgrading the problematic controls at 13 of our 21 sanitary sewer lift stations in 2016. Two lift stations are already complete, leaving 6 to upgrade in 2017. The existing control systems have been less than reliable and have resulted in many false alarms and unnecessary call-backs. The new systems will allow a much greater surety of service and less chance of sewer backups. Background Information The sewer utility fund is programmed for one major lift station rehabilitation per year, which in 2016 was budgeted for$104,000. Due to the problems we've been experiencing with the controls, staff determined a wise use of these rehabilitation dollars in 2016-2017 would be to upgrade as many lift station control systems as the budget would allow to improve reliability of the system and save staff time. All costs for the improvement project will be paid from the wastewater utility fund. Attachments Professional Services Agreement Proposal Letter Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 19th day of July , 20 16 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Advanced Engineering & Environmental Services, Inc. , a Minnesota Corporation (hereinafter "Consultant") whose business address is 6901 East Bush Lake Road, Suite 184, Maple Grove, MN 55369-5457 . Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Lift Station Control Hardware Replacement hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A ( Letter of Agreement ) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from July 19, 2016 through _ July 18, 2017 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 44,400 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. Standard Agreement for Professional Services 2014.04 Page 2 of 8 D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated _Allen Dostall to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the Standard Agreement for Professional Services 2014.04 Page 3 of 8 performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 Standard Agreement for Professional Services 2014.04 Page 4 of 8 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coveraeges required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. Standard Agreement for Professional Services 2014.04 Page 5 of 8 n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or Standard Agreement for Professional Services 2014.04 Page 6 of 8 omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Standard Agreement for Professional Services 2014.04 Page 7 of 8 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager ADVANCED ENGINEERING & ENVIRONMENTAL SERVICES By: Its: Standard Agreement for Professional Services 2014.04 Page 8 of 8 June 1,2016 John Carlon City of Eden Prairie 14100 Technology Drive Eden Prairie,MN 55344 RE: Letter Agreement Between Owner and Engineer Lift Stations Control Hardware Improvements City of Eden Prairie,MN Dear Mr. Carlon: Thank you for the opportunity to provide this Agreement for professional Instrumentation and Control (I&C) Services in association with the Eden Prairie Utility Department. After discussions regarding the slow serial communications, failure rate, and complications of the existing lift stations control hardware, we have prepared this Agreement to provide control hardware and programming improvements, as further described below, for the City of Eden Prairie,MN. This is an Agreement between the OWNER and ENGINEER effective upon approval of the OWNER for the Scope of Services described herein. Scope of Services ENGINEER will perform the following professional services as authorized by OWNER. 1. Lift Stations (Super Valu, Duck Lake, Washington Avenue, Pioneer Trail, Red Oak, Bell Oaks, Riley Creek, Riverview, Summerfield,Bearpath,Highview, Cedar Forest,Eden Prairie Road). a. Replace existing control hardware with new control hardware to obtain more efficient telemetry communications and minimize failure rates. The following is typical per site: i. Prepare request for quotes from contractors for control panel modifications that generally include the following. 1. Allen-Bradley Micrologix 1400 programmable logic controller (PLC) and necessary fusing and wiring. 2. CTC Express 6" operator interface terminal (OIT) including necessary fusing,wiring, and mounting bezel. 3. Sixnet 5-port unmanaged Ethernet switch and all necessary cabling. 4. Record wiring changes in existing control panel schematics. 5. Assist with testing and commissioning. ii. Perform PLC programming. 1. Create a standard program, based upon Operators' input, to be used for all lift stations. 2. Testing and commissioning. iii. Perform OIT programming. 1. Create a standard program, based upon Operators' input, to be used for all lift stations 2. Testing and commissioning. 2. Water Treatment Plant a. Perform PLC program modifications within polling master PLC to increase telemetry communication efficiency. b. Perform SCADA programming to allow for remote monitoring of new lift stations control hardware. c. Configure alarming within Win-911. d. Testing and commissioning. Responsibilities of OWNER 1. Provide ENGINEER access to sites indicated in Scope of Services. Proposed Professional Fees ENGINEER proposes to complete the Scope of Services under this Agreement on an hourly and not to exceed maximum amount basis. A breakdown of the estimated costs for the Scope of Services is as follows: 1. Lift station control hardware installation request for quotes and contractor coordination/Record wiring changes in existing drawings (per site) $200 2. Perform lift station PLC and OIT programming(per site) $1,200 3. Perform master PLC programming(per site) $750 4. Perform SCADA programming(per site) $600 5. Win-911 alarming software configuration(per site) $200 6. Lift station testing and commissioning(per site) $700 Total Professional Services(Per Site) $3,650.00 Total Professional Services (12 Sites) $43,800.00 Reimbursables(Mileage,misc.) $600.00 Total(12 Sites) $44,400.00 Engineer proposes to provide this and any other requested or required additional services under this Agreement in accordance with the 2016 AE2S Hourly Fee and Expense Schedule,provided as Exhibit B. Times for Rendering Service ENGINEER proposes the following anticipated schedule for performance of the above stated tasks: 1. To be completed within ninety(90)days after obtaining our Notice to Proceed. Any delays due to site access or equipment shall not be the responsibility of the ENGINEER. Page 2 of 3 (Letter Agreement) Acceptance Should this proposal satisfactorily establish the Scope of Services desired, and you approve the Terms and Conditions of the Agreement,please sign and date both copies of this proposal in the space provided. Retain one (1) copy for your records and return the other to AE2S. Receipt of a fully executed Agreement will serve as our Notice to Proceed. Thank you again for the continued opportunity to provide professional services to the City of Eden Prairie, MN. We look forward to working with you, and we are confident our experience and expertise will provide value to your facility. Sincerely, Accepted this day of , 20_ AE2S City of Eden Prairie,MN By: Allen H. Dostall Title: Instrumentation and Controls Technician Grant L.Meyer,PE Client Program Leader,AE2S Page 3 of 3 (Letter Agreement) This is EXHIBIT A, consisting of five (5)pages, referred to in and part of the Agreement between City of Eden Prairie,MN and AE2S for Lift Station Control Hardware Improvements dated February 16, 2016. Standard Terms and Conditions The Agreement is amended and supplemented to include the following agreement of the parties: 1. Standard of Care a. The standard of care for all professional services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's services. 2. Independent Contractor a. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either OWNER or ENGINEER. ENGINEER's services under this Agreement are being performed solely for OWNER's benefit, and no other entity shall have any claim against ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. OWNER agrees to include a provision in all contracts with contractors and other entities involved in this project to carry out the intent of this paragraph. 3. Payments to ENGINEER a. Invoices will be prepared in accordance with ENGINEER's standard invoicing practices and will be submitted to OWNER by ENGINEER monthly, unless otherwise agreed. Invoices are due and payable within 30 days of receipt. If OWNER fails to make any payment due ENGINEER for services and expenses within 30 days after receipt of ENGINEER's invoice therefore, the amounts due ENGINEER will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. In addition, ENGINEER may, after giving seven days written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses,and other related charges. 4. Insurance a. ENGINEER will maintain insurance coverage for Workers' Compensation, General Liability, and Automobile Liability and will provide certificates of insurance to OWNER upon request. 5. Indemnification and Allocation of Risk a. To the fullest extent permitted by law, ENGINEER shall indemnify and hold harmless OWNER, OWNER's officers, directors, partners, and employees from and against costs, losses, and damages (including but not limited to reasonable fees and charges of engineers, architects, attorneys, and other professionals, and reasonable court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of ENGINEER or ENGINEER's officers, directors, partners, employees, and consultants in the performance of ENGINEER's services under this Agreement. b. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER, ENGINEER's officers, directors, partners, employees, and consultants from and against costs, losses, and damages (including but not limited to reasonable fees and charges of engineers, architects, attorneys, and other professionals, and reasonable court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of OWNER or OWNER's officers, directors, partners, employees, and consultants with respect to this Agreement. Page 1 of 5 (Exhibit A—Standard Terms and Conditions) This is EXHIBIT A, consisting of five (5)pages, referred to in and part of the Agreement between City of Eden Prairie,MN and AE2S for Lift Station Control Hardware Improvements dated February 16, 2016. c. To the fullest extent permitted by law, ENGINEER's total liability to OWNER and anyone claiming by, through, or under OWNER for any injuries, losses, damages and expenses caused in part by the negligence of ENGINEER and in part by the negligence of OWNER or any other negligent entity or individual, shall not exceed the percentage share that ENGINEER's negligence bears to the total negligence of OWNER, ENGINEER, and all other negligent entities and individuals. d. In addition to the indemnity provided under Paragraph 5.b. of this Exhibit, and to the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's officers, directors, partners, employees, and consultants from and against injuries, losses, damages and expenses (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other disputes resolution costs) caused by, arising out of, or resulting from Hazardous Environmental Condition, provided that (i) any such injuries, losses, damages and expenses are attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, and(ii)nothing in this Paragraph 5.d shall obligate OWNER to indemnify any individual or entity to the extent of that individual or entity's own negligence or willful misconduct. e. The indemnification provision of Paragraph 5.a. is subject to and limited by the provisions agreed to by OWNER and ENGINEER in Paragraph 6, "Limit of Liability," of this Agreement. 6. Limit of Liability a. Notwithstanding any other provision of this agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of ENGINEER and ENGINEER's officers, directors, partners, employees, agents, and ENGINEER's Consultants, and any of them, to OWNER and anyone claiming by, through, or under OWNER for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract, or warranty express or implied, of ENGINEER or ENGINEER's officers, directors, partners, employees, agents, and ENGINEER's Consultants, or any of them (hereafter"OWNER's Claims"); shall not exceed the total insurance proceeds paid on behalf of or to ENGINEER by ENGINEER's insurers in settlement or satisfaction of OWNER's Claims under the terms and conditions of the ENGINEER's insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal). 7. Dispute Resolution. Not Used. 8. Termination of Contract a. Either party may at any time,upon seven days prior written notice to the other party, terminate this Agreement. Upon such termination, OWNER shall pay to ENGINEER all amounts owing to ENGINEER under this Agreement, for all work performed up to the effective date of termination, plus reasonable termination costs. Page 2 of 5 (Exhibit A—Standard Terms and Conditions) This is EXHIBIT A, consisting of five (5)pages, referred to in and part of the Agreement between City of Eden Prairie,MN and AE2S for Lift Station Control Hardware Improvements dated February 16, 2016. 9. Access a. OWNER shall arrange for safe access to and make all provisions for ENGINEER and ENGINEER's Consultants to enter upon public and private property as required for ENGINEER to perform services under this Agreement. 10. Hazardous Environmental Conditions a. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a "Hazardous Environmental Condition," i.e. the presence at the site of asbestos, PCBs, petroleum, hazardous waste, or radioactive materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Assignment. In the event ENGINEER or any other party encounters a Hazardous Environmental Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Assignment affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (ii) warrants that the site is in full compliance with applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the site in connection with ENGINEER's activities under this Agreement. 11. Patents a. ENGINEER shall not conduct patent searches in connection with its services under this Agreement and assumes no responsibility for any patent or copyright infringement arising therefrom. Nothing in this Agreement shall be construed as a warranty or representation that anything made, used, or sold arising out of the services performed under this Agreement will be free from infringement of patents or copyrights. 12. Ownership and Reuse of Documents a. All documents prepared or furnished by ENGINEER pursuant to this Agreement are instruments of service, and ENGINEER shall retain an ownership and property interest therein. Reuse of any such documents by OWNER shall be at OWNER's sole risk; and OWNER agrees to indemnify, and hold ENGINEER harmless from all claims, damages, and expenses including attorney's fees arising out of such reuse of documents by OWNER or by others acting through OWNER. 13. Use of Electronic Media a. Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies)that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. b. When transferring documents in electronic media format,ENGINEER makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of this Assignment. c. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. Page 3 of 5 (Exhibit A—Standard Terms and Conditions) This is EXHIBIT A, consisting of five (5)pages, referred to in and part of the Agreement between City of Eden Prairie,MN and AE2S for Lift Station Control Hardware Improvements dated February 16, 2016. d. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. ENGINEER shall not be responsible to maintain documents stored in electronic media format after acceptance by OWNER. 14. Opinions of Total Project Costs a. Total Project Costs are the sum of the probable evaluation cost, allowances for contingencies, the estimated total costs of services of ENGINEER or other design professionals and consultants, cost of land, rights-of-way, or compensation for damages to properties, and OWNER's costs for legal, accounting, insurance counseling or auditing services, and interest and financing charges incurred in connection with a proposed project, and the cost of other services to be provided by others to OWNER pursuant to this Agreement. b. ENGINEER assumes no responsibility for the accuracy of opinions of Total Project Costs. 16 Force Majeure a. ENGINEER shall not be liable for any loss or damage due to failure or delay in rendering any service called for under this Agreement resulting from any cause beyond ENGINEER's reasonable control. 17. Assignment a. Neither party shall assign its rights, interests or obligations under this Agreement without the express written consent of the other party. 18. Binding Effect a. This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors, administrators, successors, and assigns. 19. Severability and Waiver of Provisions a. Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and ENGINEER, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non-enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 20. Survival a. All express representations, indemnifications, or limitations of liability included in this Agreement will survive its completion or termination for any reason. 21. Headings a. The headings used in this Agreement are for general reference only and do not have special significance. Page 4 of 5 (Exhibit A—Standard Terms and Conditions) This is EXHIBIT A, consisting of five (5)pages, referred to in and part of the Agreement between City of Eden Prairie,MN and AE2S for Lift Station Control Hardware Improvements dated February 16, 2016. 22. Controlling Law a. This Agreement is to be governed by the law of the state of Minnesota. 23. Notices a. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, or by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. Page 5 of 5 (Exhibit A—Standard Terms and Conditions) This is EXHIBIT B, consisting of two (2)pages, referred to in and part of the Agreement between City of Eden Prairie,MN and AE2S for Lift Station Control Hardware Improvements dated February 16, 2016. ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, INC. 2016 HOURLY FEE AND EXPENSE SCHEDULE Labor Rates* GIS Specialist VI $164.00 Administrative I $55.00 Administrative II $67.00 I&C Technician I $91.00 Administrative III $80.00 I&C Technician II $103.00 Administrative IV $92.00 I&C Technician III $118.00 I&C Technician IV $128.00 Communications Specialist I $82.00 I&C Technician V $141.00 Communications Specialist II $94.00 I&C Specialist $152.00 Communications Specialist III $108.00 I&C Senior Specialist $160.00 Communications Specialist IV $131.00 I&C Manager $170.00 Communications Specialist V $144.00 IT I $92.00 Construction Services Manager I $125.00 IT II $113.00 Construction Services Manager II $135.00 IT III $128.00 Construction Services Manager III $152.00 IT IV $144.00 Construction Services Manager IV $169.00 IT V $159.00 Construction Services Manager V $185.00 IT VI $169.00 IT Manager $186.00 Construction Services Rep I $77.00 Construction Services Rep II $92.00 Land Surveyor I $91.00 Construction Services Rep III $108.00 Land Surveyor II $111.00 Land Surveyor III $121.00 Engineer I $98.00 Land Surveyor IV $135.00 Engineer II $121.00 Land Surveyor V $149.00 Engineer III $144.00 Land Surveyor VI $158.00 Engineer IV $164.00 Engineer V $179.00 Land Title Agent I $77.00 Engineer VI $202.00 Land Title Agent II $92.00 Engineer VII $215.00 Land Title Agent III $103.00 Engineer VIII $225.00 Land Title Agent IV $128.00 Engineering Technician I $62.00 Marketing Consultant I $77.00 Engineering Technician II $80.00 Marketing Consultant II $97.00 Engineering Technician III $94.00 Marketing Consultant III $118.00 Engineering Technician IV $110.00 Marketing Consultant IV $135.00 Engineering Technician V $125.00 Marketing Consultant V $152.00 Engineering Technician VI $140.00 Engineering Technician VII $152.00 Operations Specialist I $78.00 Engineering Technician VIII $162.00 Operations Specialist II $92.00 Operations Specialist III $115.00 Financial Analyst I $82.00 Operations Specialist IV $131.00 Financial Analyst II $97.00 Operations Specialist V $152.00 Financial Analyst III $113.00 Financial Analyst IV $128.00 Program Coordinator I $164.00 Financial Analyst V $144.00 Program Coordinator II $175.00 Financial Analyst VI $164.00 Program Coordinator III $185.00 Financial Analyst VII $179.00 Financial Analyst VIII $195.00 Project Coordinator I $98.00 Project Coordinator II $110.00 GIS Specialist I $80.00 Project Coordinator III $125.00 GIS Specialist II $97.00 Project Coordinator IV $140.00 GIS Specialist III $115.00 GIS Specialist IV $130.00 Project Manager I $154.00 GIS Specialist V $146.00 Project Manager II $169.00 Page 1 of 2 (Exhibit B-AE2S Hourly Fee and Expense Schedule) This is EXHIBIT B, consisting of two (2)pages, referred to in and part of the Agreement between City of Eden Prairie,MN and AE2S for Lift Station Control Hardware Improvements dated February 16, 2016. Project Manager III $185.00 Project Manager IV $200.00 * Position titles are for labor rate grade purposes only. Senior Designer $175.00 ** Includes laboratory testing, architectural and Senior Consultant $215.00 engineering consultants,surveying,etc. Technical Expert I $230.00 *** Includes toll telephone, shipping, postage, Technical Expert II $250.00 subsistence,technical literature,equipment rental,etc. Technical Expert III Negotiable These rates are subject to adjustment each year on January 1. Reimbursable Expense Rates Transportation $0.65/mile Survey Vehicle $0.70/mile B&W Photocopies 81/2"xl1" $0.10/copy B&W Laser Printouts 81/2"xl 1" $0.20/page Color Laser Printouts/Copies 81/2"x11" $0.68/page Plots-Color Bond $1.25/s.f. Plots-Monochrome Bond/Vellum $0.75/s.f. Plots-Film/Photo High Gloss $2.00/s.f. Total Station-Robotic $35.00/hour Pro-XR GPS $15.00/hour Fast Static/RTK GPS $50.00/hour Sonar Mite $50.00/day All-Terrain Vehicle/Boat $100.00/day Air Transportation-Pilatus $1,600/hour Air Transportation-Cirrus $700/hour Survey Monument $5.00/each Fence Posts $8.00/each Survey Lath $35.00/bundle Survey Stakes/Hubs $23.00/bundle 3D Laser Scanner $100.00/hour Hydrant Pressure Recorders $10.00/day Pump Station Monitor $24.00/day Area Velocity Module $30.00/day Rain Gauge $12.00/day Lab Testing Equipment $500.00/day Odor Logger $25.00/day I&C Supplies $10.00/unit Thermal Imaging Camera $300.00/day Power Quality Analyzer $500.00/week Process Calibration Instrument $200.00/day Portable Oscilloscope $125.00/day Antenna Watt-Meter $50.00/day Radio Equipment Rental $50.00/day Cellular Modem $75.00/month ArcFlash Hazard Label $3.00/label Locator Equipment $20/hour Nuclear Moisture/Density Testing Equip $200/day Concrete Test Hammer $10.00/day Web Hosting $19.95/month In-house Lodging $150.00/day Legal Services Reimbursement $206.00/hour Outside Services** cost*1.15 Out of Pocket Expenses*** cost*1.15 Rental Car cost*1.20 Page 2 of 2 (Exhibit B-AE2S Hourly Fee and Expense Schedule) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.Q. City Entry Monument Signs Agreement with Community Development HTPO for Civil Engineering and Land Surveying Janet Jeremiah Services for Construction Documents Requested Action: Move to approve the Agreement with HTPO for Civil Engineering and Land Surveying Services for five unique City Entry Monument Signs. Synopsis: HTPO will coordinate with Visual Communications (the consultants doing the design work), subcontract with Braun Intertec (for soil borings), survey, and prepare civil engineering construction documents for new City entry monument signs at the following locations: > Hwy. 5 Eastbound east of Dell Rd. > I-494 Southbound south of County Rd. 62 > Anderson Lakes Parkway west of the Hwy. 169 exit ramp > I-494 Westbound east of the Prairie Center Drive exit ramp > Hwy. 212 Eastbound west of Dell Rd. Background Information: The City of Eden Prairie previously contracted with Baker and Associates to develop concept plans for six City entry monument signs including the above locations and one along 212 Westbound south of Hwy. 62. The latter is on hold while a maintenance access route is determined, which will likely involve procuring easements. The City is obtaining Limited Use Permits from MNDOT for three signs along Highways 5, 169, and 212. Permits for the I-494 locations are awaiting federal approval of MNDOT's updated policies for such signs. The City's draft updated CIP anticipates construction of five sigs in 2016 and 2017 with flexibility regarding how many are done in each year. The sixth sign is proposed for a future year when access is determined. On June 14, 2016, the City Council approved a contract with Visual Communications to prepare detailed designs and construction documents and coordinate with a consultant team that would do soil borings, surveying, and preparation of civil engineering construction documents. HTPO's proposal for the civil work is $52,000. The City will do future landscaping for the signs in house through the Parks and Recreation Department. Attachments: • Agreement with HTPO • Exhibit A Scope of Work Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 19th day of July, 2016, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc. (HTPO), (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that 9persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for City Entry Monument Sign Civil Engineering and Land Surveying Services for Construction Documents hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Scope of Work) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from July 19, 2016 through October 14, 2016, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $52,000 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of Agreement for City Entry Monument Sign Services with HTPO 2016-07-19 Page 2 of 8 perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Laurie Johnson to serve on the Project. She shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work for Braun Intertec to complete soil borings, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services Agreement for City Entry Monument Sign Services with HTPO 2016-07-19 Page 3 of 8 provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 Agreement for City Entry Monument Sign Services with HTPO 2016-07-19 Page 4 of 8 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to Agreement for City Entry Monument Sign Services with HTPO 2016-07-19 Page 5 of 8 do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Agreement for City Entry Monument Sign Services with HTPO 2016-07-19 Page 6 of 8 Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Agreement for City Entry Monument Sign Services with HTPO 2016-07-19 Page 7 of 8 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager HTPO By: Its: Agreement for City Entry Monument Sign Services with HTPO 2016-07-19 Page 8 of 8 Exhibit A Scope of Work Professional Services Agreement for City Entry Monument Signs Civil and Land Surveying Services for Construction Documents By HTPO for City of Eden Prairie July 19, 2016 1. Existing Conditions Surveys Includes field topography of the proposed maintenance area and access corridor, utility locates, location of significant trees, boundary computations, and staking soil boring locations for the five sites. Includes MnDOT permit for surveying on MnDOT ROW. 2. Geotechnical Evaluation Soil borings by Braun Intertec includes one 25' boring at each of the five sites, and geotechnical recommendations. Includes MnDOT permit for boring on MnDOT ROW. 3. Civil Engineering Construction Documents Includes preparation of grading and erosion control plans and specifications, and site dimension plans for the five sites for incorporation into the bid documents prepared by Visual Communications. 4. Permitting Assistance Includes preparation of permit applications to Riley Purgatory Bluff Creek and Nine Mile Creek Watershed Districts, and assistance with submittal to MnDOT for Limited Use Permits. Page 1 of 2 5. Easement Documents. Includes preparation of legal descriptions and plan exhibits for maintenance area and access corridor for the five sites for inclusion in the MnDOT Limited Use Permits. 6. Bid Administration Assistance Includes 4 hours for answering bidder questions relating to grading and erosion control. ASSUMPTIONS • Final sign placement, materials, colors, lighting, electrical requirements, footings, general fabrication and installation standards will be by Visual Communications. ■ Structural Engineering and Landscaping will be by others. ■ The five monument signs will be bid in one package. • Bid administration, other than as noted, will be by others. • Access for the soil borings will be provided through coordination with the City and Contractor. Due to topography and location, access to three of the five sign locations will be difficult. COMPENSATION Compensation for those items described in the Scope of Services above are estimated as follows: Services Estimated Fee 1. Existing Conditions Surveys $ 11,000 2. Geotechnical Evaluation $ 14,000 3. Civil Construction ❑ocuments $ 17,500 4. Permitting Assistance $ 4,000 5. Easement Documents $ 4,000 6. Bid Administration Assistance $ 500 Subtotal $ 51,000 Estimated Reimbursable Expenses $ 1,000 Total $ 52,000 Page 2 of 2 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Resolution Approving Modified Budget for Tax City Manager, Rick Getschow Increment Financing District No. 14 (Edenvale Townhome Project) Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution approving the modified budget for Tax Increment Financing District No. 14 (Edenvale Townhome Project) Synopsis TIF District 14 was created to facilitate construction of 32 townhome style housing units contained in eight 4-unit buildings in the City. The TIF Plan is being modified to increase the budget to accommodate developer repayments and to allow the city to use those funds for affordable housing within the City. Staff recommends the Council grant the necessary approval for this item. Attachments Modification to the Tax Increment Financing Plan(See HRA item for this attachment) Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY STATE OF MINNESOTA Council member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 14 WITHIN REDEVELOPMENT PROJECT NO. 5. BE IT RESOLVED by the City Council (the "Council") of the City of Eden Prairie, Minnesota (the "City"), as follows: Section 1. Recitals 1.01. The Board of Commissioners (the "Board") of the Eden Prairie Housing and Redevelopment Authority (the "HRA") has heretofore established Redevelopment Project No. 5 (the "Project Area") and adopted the Redevelopment Plan therefor. It has been proposed by the HRA that the City adopt a modification to the Tax Increment Financing Plan (the "TIF Plan Modification") for Tax Increment Financing District No. 14 (the "TIF District") therein, all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047, and Sections 469.174 to 469.1794, all inclusive, as amended, (the "Act") all as reflected in the TIF Plan Modification, and presented for the Council's consideration. 1.02. Tax Increment from the TIF District has been used to pay for certain development costs and to provide affordable housing units developed by Edenvale Family Housing Limited Partnership. The TIF Plan Modification will allow the City and HRA to increase the budget in order to accommodate potential developer repayments and to allow the City to use those funds for affordable housing within the City. 1.03. The City and HRA have investigated the facts relating to the TIF Plan Modification and has caused the TIF Plan Modification to be prepared. 1.04. The City and HRA have performed all actions required by law to be performed prior to the adoption and approval of the proposed TIF Plan Modification, including, but not limited to, notification of Hennepin County and Independent School District No. 272,having taxing jurisdiction over the property included in the TIF District, and the holding of a public hearing upon published notice as required by law. 1.05. The City and HRA are not modifying the boundaries of the Project Area or the TIF District. Section 2. Findings for the TIF Plan Modification 2.01. The Council hereby reaffirms the original findings for the TIF District,namely that when the TIF District was established, Tax Increment Financing District No. 14 was established as a housing district. 2.02. In addition,the City makes the following findings: (i) The proposed redevelopment described in the TIF Plan Modification would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The major purpose of the TIF Plan Modification is to increase the budget in order to accommodate potential developer repayments and to allow the City to use those funds for affordable housing within the City. (ii) The Tax Increment Plan Modification conforms to the general plan for the redevelopment of the City as a whole. The City reaffirms the original findings by the City's Planning Commission for the TIF District. (iii) The Tax Increment Plan Modification will afford maximum opportunity, consistent with the sound needs of the City as a whole,for the redevelopment of the Project by private enterprise. The City has promoted affordable rental and owner-occupied housing for several years. The tax increment from the TIF District will be used to encourage the private market to offer affordable housing choices and ensure that affordability is maintained over an extended period of time, and promote increased housing development in the City. 2.03 As required by Section 469.176, Subdivision 4d, it is expected that all of the tax increment to be derived from the TIF District will be used to finance costs of the low and moderate income housing project, including the cost of public improvements directly related thereto and allowable administration expenses of the Redevelopment Project. 2.04 The City elects to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause b, which means the fiscal disparities contribution, if any,will be taken from inside the District. Section 3. Public Purpose 3.01. The adoption of the TIF Plan Modification conforms in all respects to the requirements of the Act and will further the original long-term development goals for the Project Area, and stimulate the creation of additional tax base, employment, and housing opportunities. These public purposes and benefits exceed any benefits expected to be received by private developers, who will receive assistance only in the amount needed to make the each proposed development financially feasible. Section 4. Approval and Adoption of the TIF Plan Modification 4.01. The TIF Plan Modification is hereby approved, and shall be placed on file in the office of the City Clerk. Approval of the TIF Plan Modification does not constitute approval of any project or a development agreement with any developer. 4.02. City staff is authorized to file the TIF Plan Modification with the Department of Revenue,the Office of the State Auditor and Hennepin County. 4.03. City staff, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the TIF Plan Modification and for this purpose to negotiate, draft,prepare and present to this Council for its consideration all further modifications,resolutions,documents and contracts necessary for this purpose. The motion for the adoption of the foregoing resolution was duly seconded by Council member , and upon a vote being taken thereon,the following voted in favor thereof: and the following voted against the same: Dated: July 19,2016 ATTEST: Nancy Tyra-Lukens,Mayor Kathleen Porta, City Clerk (Seal) CITY COUNCIL AGENDA DATE: SECTION: Public Hearings July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Whitetail Bluff Development/Planning Janet Jeremiah/Beth Novak-Krebs Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural Zoning District to R1-13.5 Zoning District on 2.48 acres; and • Adopt the Resolution for Preliminary Plat on 2.48 acres into 2 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The project includes the subdivision of a 2.48 acre property into two lots. Proposed Lot 1, which is nearly one acre, is being created for a new single-family home and proposed Lot 2, which is about 1.5 acres, will include the existing home. The property is guided Low-Density Residential and is currently zoned Rural. The application also includes a request to rezone the property to R1-13.5. The applicant is proposing a conservation easement and a drainage and utility easement over the steep slopes at the rear of the property to protect the slopes. The future home on proposed Lot 1 will be served by municipal sewer and water. The existing home has a well and septic system. Based on recent testing, the septic system is considered compliant; however, the applicant will be required to hook up to municipal sewer when the septic system is considered noncompliant for any reason. The plans illustrate a potential building pad, driveway,utilities, and tree replacement on proposed Lot 1. This is simply a concept so staff could verify that the lot can accommodate a new home. This plan could change based on the new owner and their preferences. The grading plan, tree replacement plan, stormwater management, and utility plans for the future new home will be reviewed in detail when the homeowner submits a Land Alteration Permit and the Building Permit. The 120-Day Review Period Expires on October 11, 2016. Planning Commission Recommendation The Planning Commission voted 6-0 with 1 abstension to recommend approval of the project at the June 27, 2016 meeting. Attachments • Ordinance • Resolution • Staff Report • Location Map • Land Use Map • Zoning Map • Aerial photo • Planning Commission Minutes WHITETAIL BLUFF CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-13.5 Zoning District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District and shall be included hereafter in the R1-13.5 Zoning District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2016, entered into between Duncan and Lisa Tomassen, owners, and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. 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 19th day of July, 2016, 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 , 2016. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2016. Exhibit A Legal Description EXISTING LEGAL DESCRIPTION: (PER TORRENS CERTIFICATE NO. 1333924) That part of Tract A lying Westerly of a line drawn from the Northeast corner of Tract B to a point on the North line of Tract A distant 474.22 feet East from the Northwest corner of Tract A, Registered Land Survey No. 756, Hennepin County, Minnesota. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- RESOLUTION APPROVING THE PRELIMINARY PLAT OF WHITETAIL BLUFF FOR DUNCAN AND LISA TOMASSEN BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Whitetail Bluff for Duncan and Lisa Tomassen stamp dated July 8, 2016, and consisting of 2.48 acres being divided into 2 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 19th day of July, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: June 22, 2016 SUBJECT: Whitetail Bluff APPLICANT: Robert Schmitt—Premium Construction LLC OWNER: Duncan and Lisa Tomassen LOCATION: 10065 Eden Prairie Road 120 DAY REVIEW: October 11, 2016 REQUEST: • Zoning District Change from Rural to R1-13.5 on 2.48 acres • Preliminary Plat of 2.48 acres into two lots COMPREHENSIVE PLAN & ZONING The Comprehensive Guide Plan shows the proposed site guided Low Density Residential allowing a density of up to 2.5 units per acre. The property is zoned Rural. The project proponent is requesting a rezoning to R1-13.5. The plat is consistent with the Comprehensive Plan. The surrounding properties are guided for Rural, Low Density Residential, Medium Density Residential development and Park/Open Space. The surrounding properties are zoned R1-13.5 to the north, Rural to the east and south, and Rural and R1-13.5 to the west. PRELIMINARY PLAT This project proposes the creation of 2 lots with a gross density of.81 units per acre. Proposed Lot 2 will include the existing single family home and proposed Lot 1 is being created for a new single-family home. The lot sizes are 40,929 square feet and 67,031 square feet, exceeding the size requirement of the R1-13.5 zoning district. GHOST PLAT The applicant has included a Ghost Plat that shows a potential third lot south of the existing home. This ghost plat is for informational purposes only and depicts the applicant's long term plans for the property. The third lot is not approved with this plat and will require a separate review process. Staff has not reviewed setbacks,potential building pad locations,utilities, etc. for the potential third lot. Although it helps illustrate how a third lot may be feasible, the Ghost Plat will not be included in the officially approved plans for this project. Staff Report—Whitetail Bluff June 27, 2016 Page 2 STEEP SLOPES There are steep slope areas at the back of the property. Steep slopes are slopes of over 12% and having an elevation difference of 30 feet or more in a given parcel. The proposed plat identifies the steep slope areas. The proponent is providing a 20 foot wide buffer along the steep slopes. In order to protect these steep slope areas, the proponent is placing a conservation easement over the steep slopes and buffer area. The conservation easement is mirrored by a drainage and utility easement that will be depicted on the plat. TREE REPLACEMENT & LANDSCAPING There are 869 diameter inches of significant trees on proposed lot 1. Tree loss is 176 diameter inches, or 20%. The required tree replacement is 47 caliper inches. The tree replacement plan includes 57 caliper inches. The tree replacement plan meets code requirements. SPECIAL ASSESSMENTS A special assessment agreement is required for the trunk assessments and deferred assessments will be required to be paid. UTILITIES The existing home, located on proposed Lot 2, is served by well and septic. The owners had the septic system inspected. The inspection report indicates that the septic system is in compliance. There are sewer and water laterals available to proposed lot 2. The owner of lot 2 will be required to connect to municipal sewer and water when the septic system is determined to be noncompliant. Proposed Lot 1 will be served by municipal sewer and water. There are sewer and water laterals stubbed to the property line. The specific details of the sewer and water service will be reviewed when a building permit is issued for Lot 1 and at the time that sewer and water is extended to the existing home. WATER QUALITY When the owner of proposed Lot 1 applies for a land alteration permit, detailed stormwater and erosion control plans will be required at that time. A wetland study was conducted on the property. The determination was made that the area in the northwest corner of the site is just a seasonally flooded basin or flat. This was confirmed by the City. STAFF RECOMMENDATION Recommend approval of the following request: • Zoning District Change from Rural to R1-13.5 on 2.48 acres • Preliminary Plat of 2.48 acres into 2 lots and road right of way Staff Report—Whitetail Bluff June 27, 2016 Page 3 This is based on plans stamp dated June 14, 2016, the Staff Report dated June 22, 2016 and the following conditions: 1. Prior to the public hearing at City Council, the proponent shall: A. Show the proposed Right of Way for Eden Prairie Road extending to the centerline of the 66' of roadway easement on the preliminary plat. B. Include a drainage and utility easement mirroring the conservation easement and show it on the plans. C. Provide additional detail regarding the septic system location on the plan set. The septic system shall not be located within the conservation/drainage and utility easement. 2. Prior to release of the final plat, the proponent shall: A. Sign special assessment agreement for City trunk sewer and water assessment fees. B. Pay deferred assessments. C. Consider the option of connecting Lot 2 to the municipal water service in place. The existing well location falls within a few feet of the proposed property line between Lots 1 and 2. This may create an issue with the Department of Health regarding well location requirements. The applicant should contact the Department of Health regarding well location requirements. If the owner of Lot 2 connects to water and abandons the well, it should be shown on the plans. 3. Prior to land alteration permit issuance, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer. B. Submit a tree replacement bond, letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping. C. Obtain and provide documentation of Watershed District approval. D. Notify the City and Watershed District 48 hours in advance of grading. E. Install erosion control at the grading limits of the property for review and approval by the City. F. Utilize and implement Best Management Practices in conjunction with construction of the home. Management of the stormwater generated from the driveway and home will need to be managed so that erosion of the slopes does not occur. G. Locate the driveway for Lot 1 outside of the 10 foot drainage and utility easement along the north property line. 4. Prior to building permit issuance for the property, the proponent shall: A. Pay the appropriate cash park fees. B. Provide recorded copies of any Home Owner Association documents or private covenants and agreements to the City following recording of the final plat. Area Location Map - Whitetail Bluff Site Address: 10065 Eden Prairie Road, Eden Prairie, MN Rim - il-rw. __„„, 46..1 1 _ Frederick Place _ _ p / /( Reeder Ridge \ SITE Eden Prairie Road N Flying Cloud Drive 250 500 Fee Guide Plan Map - Whitetail Bluff 10065 Eden Prairie Road, Eden Prairie, MN 55347 7kyli_____mr ft 1 ii„___ No Allt.‘11 MINI Pl, w w, well Frederick Place tAIlk Reeder Ridge11 SITE ) ............bilt Eden Prairie Road Flying Cloud Drive ;; -L-L-1. -:.-ie Land Use I ' • / II I III 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/Acre122]Town Center lalAif-B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 n Medium 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 LIVE WORK DREAM 2 Office/Public/Open Space Right-Of-Way 290 145 M Oogamm�Me mo1.m_o.„®1�XnpneB1 1 Boµ 90mFeet - Industrial CICityLimits Zoning Map - Whitetail Bluff 10065 Eden Prairie Road Eden Prairie, MN 55347 wfwp- •r*Iir,,, iFrederick Place RE p 2c., 2... Reeder Ridge --! at. Ilh 0 illIF c - 11, ,mir .111. 1„1„,.„,..,„ J Eden Prairie Road il / Flying Cloud Drive L 0 FLYING CLOUR DR City o . - - ' .-0 ' - Zonin •-"0 =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) IN!. R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain EDEN 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 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 LIVE•WORK•DREAM and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I Right of Way -Regional Service Commercial 0 0.05 0.1 Miles .wa,_o...m..=m._v...g..o.,.,, ..,_..a.0..m ..,,mo, Aerial Map: Whitetail Bluff Address: 10065 Eden Prairie Road erf Eden Prairie, Minnesota 55347 liblit _ .... - % Vire`<.`5) ibil, iiiiiik Frederick Place Reeder Ridge 1 4' a y. 3�. A er 4 , 4ii MIL., 4big.. A, Eden Prairie Road -.* f ,,,����,.Ktt •t + �IEjjE Flying Cloud Drive 0 _ ,.' r `" 40 t,„ a .:11 1 4 0FLYING CLOtp DR 0 112 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JUNE 27, 2016 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, Mark Freiberg, Tom Poul CITY STAFF: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE — ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Weber and Wuttke were absent. II. APPROVAL OF AGENDA MOTION: Kirk moved, seconded by Higgins, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON MAY 23, 2016 MOTION: Higgins moved, seconded by Pieper, to approve the Planning Commission Minutes. Motion carried 7-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. WHITETAIL BLUFF Location: 10065 Eden Prairie Road Request for: • Zoning District Change from Rural to R1-13.5 on 2.48 acres • Preliminary Plat of one lot into two lots on 2.48 acres PLANNING COMMISSION MINUTES June 27, 2016 Page 2 Robert Schmitt, representing Premium Construction,presented the proposal. He stated they would like to take the existing parcel and split it into two lots. One lot will include the existing home and the second lot will be for a new single family home. They are also requesting the property be rezoned to R1-13.5, which is consistent with the Comprehensive Plan on this site. Chair Stoltz asked Klima to review the staff report. Klima said this proposal is to request a rezoning of the property and subdivide the property from one lot to two lots. The proposed lots conform to the ordinance requirements. There is a letter in front of you from Dean and Karen Edstrom for public record. Staff recommendation is for approval. Chair Stoltz opened the meeting up for public input. John Henson, of 18623 Dunberry in Farmington, and Vice President of Toll Brothers, stated they have property north of the proposed property. They would like to see this proposal not get approved as it could impact future owners of the lot remaining north and adjacent to the property. Mr. Henson pointed out this is an impractical location for the lot. A house placed directly on the setback line would require a lot of tree removal. He stated they would like to see this not approved because it would not benefit the neighborhood and no one would purchase a home with a driveway in their backyard, and pointed out he would lose money on selling this lot/home. He said if it does get approved they would like the Commission to look at the driveway because it would be hard as a developer to sell the existing lot, plus they would like to see the trees replaced and a buffer in the area. Mr. Henson again stated he is not in favor of this project as he will lose money on selling the lot that is attached to this property. Chair Stoltz asked Mr. Henson if he has had conversations with the project proponent. Mr. Henson said he has not had any conversation with Mr. Schmitt. Tim Edmund, of 10033 Frederick Place, said his property is most impacted by the development. He stated himself and Mr. Crowley were the first two homeowners to pick their sites when this development became available. Mr. Edmund chose his lot because of the landscaping. He feels this project will be eliminating a lot of the trees, especially the mature ones. The proposed house only has a 10 foot setback and they will have one house directly behind them and one in their eyesight. He stated he is also concerned with drainage issues. Mike Crowley, of 10021 Frederick Place, stated he had 52 lots to choose from and picked the lot they live on today. They were told at that time the backyard was City property and would not be developed. He said he is concerned about the lights shining in his house at night and also the landscaping that would be depleted. He stated it will be very crowded and he would like the proposal to not be approved. PLANNING COMMISSION MINUTES June 27, 2016 Page 3 Mr. Edmund showed a view from his backyard and said he is concerned with the tree loss and the impact this will have on his property value. Klima said the Requested approvals are for the rezoning and the subdivision of property. The house and drive way locations are provided for illustrative purposes only and will be determined at the time of building permit review. There are no variance requests tonight, only a request for rezoning and a second lot. Chair Stoltz asked what would stipulate them coming back to the Commission. Klima said if the house, tree replacement and driveway were conforming to Ordinance requirements, it would not come before the Commission, only if there were variance requests to be approved. Kirk commented that is the way the ordinance is set up, but questioned the R1-13.5 zoning and asked if we have R1-22 zoning we could use. Klima stated the applicant requested the R1-13.5 zoning and stated there is minimal difference regarding the setbacks from the R1-22 zoning. Farr wanted an opinion on file for sensitivity to the neighbors. Klima said any action tonight would go to the City Council and the minutes are always filed as public record. Farr asked hypothetically if someone called city hall inquiring about a property in a neighborhood they were considering for purchase as a matter of due diligence to find out what is surrounding that parcel, what features can stay and which parcels may have some variables associated with it, how would staff answer that question. Klima responded typically when staff receives inquiries from perspective homeowners, the answer is multifaceted. First the customer is informed about what the current zoning of the property is and then what the property is guided through the comprehensive guide plan. Nicole Walsh-Glaeser, of 9781 Frederick Place, said her property is by the woods and in the Toll Brothers development and commented she recently lost a lot of trees and is concerned there will be more tree loss with this development. Chair Stoltz reiterated tonight they are not discussing the placement of the home, tree removal and the driveway, only rezoning and subdivision of the land. Kirk commented the trees that are being discussed tonight are on someone else's property and stated the Commission does understand the homeowners' concerns and is confident staff will be sensitive when a building plan is proposed. Higgins stated she agrees with Kirk in that it is someone else's property, but we as a Commission can make a recommendation. Higgins also commented she lives in the area and understands the concern of the neighbors. PLANNING COMMISSION MINUTES June 27, 2016 Page 4 Chair Stoltz said a continuance could be put on this proposal so both parties can meet. Freiberg said he agrees with a continuance and getting both parties together. Farr said the applicant is a contractor and we have not asked him yet to address the concerns of the neighbors. Mr. Schmitt said he sympathizes with the comments and stated when they develop a lot they try not to eliminate trees. He did state he would not be developing this lot. He also pointed out Toll Brothers took down a lot of trees and now they want the trees on the subject property to stay up and he does not feel that is right. He also said a meeting with them will not help because they cannot guarantee what the future homeowners of the proposed lot will do. Duncan Tomassen, of 10065 Eden Prairie Road, said he is echoing Mr. Schmitt's comments that Toll Brothers did take down a lot of trees. Farr asked if the Commission could ask the seller to put conditions in the seller's agreement. Klima said placement of restrictive covenants on the property would not be a City requirement. Kirk commented there are very few areas in Eden Prairie that are undeveloped and any new development would impact someone and said it is unfortunate but the Commission cannot say no to this development. Farr said he is not in favor of a continuance. Poul said he would like this proposal to move forward with modifications. Kirk would also like this to move forward with language to be included to be sensitive to the adjoining property owners regarding tree loss and driveway placement. Higgins concurred with Kirk. Pieper commented it would be hard to put modifications in the proposal but noted he is sensitive to the adjoining homeowners. He could also vote for a continuance. Freiberg said he is undecided as he can relate to both sides. Mr. Schmitt said he put the caliper of trees to be removed on the grading plan. He showed the trees to be removed and there will only be 12 significant trees removed. Chair Stoltz said if this proposal is continued, information such as the tree loss may come out. Kirk said he does not object to a continuance. Higgins said without a continuance this information detail could still be presented to the neighbors. Chair Stoltz said if both parties do not get together, there would be no reason for a continuance,but it would be nice for the homeowners to get together. Mr. Tomassen stated he does not see the relevance for a continuance. Chair Stoltz asked Mr. Tomassen if he would meet with the neighboring homeowners if this was continued. Mr. Tomassen said he would not because he does not see the relevance. He said they will do everything they can to protect the land and the trees. PLANNING COMMISSION MINUTES June 27, 2016 Page 5 Mr. Henson said he would be willing to work with Mr. Tomassen. He also stated this is not an appropriate use of property as it is slivering a piece of property that should not be developed. Farr pointed out this land is not a slivering a piece of land as it is 85 feet wide and is consistent with other pieces of property in the area, it is just longer. Pieper said he feels he can move forward with approving this project. MOTION: Kirk moved, seconded by Higgins, to close the public hearing. Motion carried 7-0. MOTION: Kirk moved, seconded by Poul, to recommend approval of the Zoning District Change from Rural to R1-13.5 on 2.48 acres and Preliminary Plat of one lot into two lots on 2.48 acres based on plans stamp dated June 14, 2016 and the information included in the staff report dated June 22, 2016. Motion carried 6-0- 1; with Chair Stoltz abstaining because he wanted it to go on record he wanted a continuance. VII. PLANNERS' REPORT VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION: Farr moved, seconded by Poul, to adjourn the Planning Commission meeting. Motion carried 7-0. Vice Chair Pieper adjourned the meeting at 8:16p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community Taco Bell Development/Planning Janet Jeremiah/Beth Novak-Krebs Requested Action Move to: • Close the Public Hearing; and • Adopt a Resolution for a Site Plan Review on 0.56 acres; and • Approve the First Amendment to the Developer's Agreement, which is an amendment of original Developer's Agreement entered into on March 10, 1992. Synopsis The applicant plans to update the exterior facade of the building, add a small cooler/freezer to the back of the building and complete other site improvements at Taco Bell as described below: • Add a 170 square foot cooler/freezer to the back of the building. • Change exterior building elevations to a more modern façade. • Add a building sprinkler system. • Add brick and glass to each building façade complying with the requirement of 75%brick and glass. • Change the color palate to earth tone colors. • Install a sidewalk from the site to the trail along Flying Cloud Drive. • Add some landscaping between the street and the parking lot along Joiner Way and in the front of the building between the bike path and the drive through. • Improve the maneuverability at the existing driveway. • Install new exterior lighting fixtures. • Install a modular block retaining wall along the southwest property line. • Install new order station with canopy. • Add a sidewalk connection from the site to the sidewalk along Joiner Way. • Update signage. All new signs will need to comply with City Code, Chapter 11.70 and will require separate sign permits. • Add a bicycle rack. Review process In accordance with recent changes made to the Zoning Ordinance, the request for site plan approval is coming directly to the Council for approval without having to go to the Planning Commission. In January 2016, the City Council adopted a Zoning Ordinance text amendment that allows some new or amended Site Plan and Architectural Design applications to go directly to the City Council for approval rather than having to get referred by the Planning Commission. The intent is to simplify the process for minor changes to a Site Plan or Architectural Design. This Taco Bell project is the first project going through the process utilizing the new ordinance language. Background In 1991, a Taco Bell Restaurant was approved and a building was constructed on the current 0.56 acre site. The building is currently 2,097 square feet. The front of the building faces Joiner Way and the parking lot and the back of the building faces Flying Cloud Drive. The proponent is proposing to add a 170 square foot cooler/freezer to the back of the existing building, update the building facades and building materials and make some minor site improvements. The site improvements will result in the loss of two parking stalls, but based on the seating capacity, the number of parking stalls provided will continue to exceed the requirement. The façade improvements include a change in the roof style, color variations and different arrangement of building materials. The building will include brick, glass and some EIFS. Each of the facades meet or exceed the 75%requirement. The following sketches are an example of the existing facade and the proposed facade changes. Proposed facade improvements Existing front facade 4 _--__-_ -1 MI- I N iiiti - ..._ . ■ IL r 1.1 . t 1 Kamm FRONT ELEVATION 17 � Staff suggested that the applicant include some variation in the roofline, to create some visual interest. However, the building is located in a Northern States Power overhead utility easement and there are strict height limitations. In this situation, raising the parapet would violate the height limitations and lowering the parapet would result in some of the rooftop mechanicals being visible. Therefore, varying the roofline is not a consideration because it does not seem practical and would have some negative impacts. The original Developer's Agreement included the following condition: prior to the issuance of a building permit, the developer is to submit detailed plans for a 3 '/2 foot high wood fence to be constructed to screen the parking areas Or from Joiner Way. As seen in the ''` photograph to the right, there is not a R*. *� fence between Joiner Way and the -� "'dal, • {_ parking lot, so it was either never -ti„� constructed or it was taken down at . — _ _• some point. Currently, there are trees __1 � and an evergreen hedge providing F- � screening between the street and the parking lot. Rather than disturbing the existing vegetative screen by putting in a fence, the existing trees and shrubs plus some additional plantings should provide adequate screening. The Developer's Agreement from 1992 should be amended to remove the fence requirement and reflect screening provided by the landscaping. Staff Recommendation Recommend approval of the following requests: • Adopt a Resolution for a Site Plan Review on 0.56 acres; and • Approve the First Amendment to the Developer's Agreement, which is an amendment of original Developer's Agreement entered into on March 10, 1992. Attachments 1. Resolution Site Plan Review 2. Location Map 3. Guide Plan Map 4. Zoning Map 5. Aerial Map 6. 1st Amendment to Development Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR TACO BELL BY BORDER FOODS INC. WHEREAS, Border Foods, Inc., has applied for Site Plan approval to add a cooler/freezer to the building, remodel the building facades, and install various minor site and landscaping improvements at 8450 Joiner Way, City of Eden Prairie, Minnesota by a Resolution approved by the City Council on July 19, 2016; and WHEREAS, Section 11.03 Subd. 6 allows certain new or amended Site Plan and Architectural Design applications to be subject to review and consideration for approval by the City Council only without referral to the Planning Commission; and WHEREAS, the City Council has reviewed said application at a public hearing at its July 19, 2016 meeting. NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval is granted to Border Foods, Inc. based on the First Amendment to the Developer's Agreement between Border Foods, Inc. and the City of Eden Prairie, reviewed and approved by the City Council on July 19, 2016. ADOPTED by the City Council of the City of Eden Prairie this 19th day of July, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk Area Location Map - Taco Bell Site Address: 8450 Joiner Way, Eden Prairie, MN v y-V 1 / Castlemoor Drive Prairie Center Drive 11111 Joiner Way r Flying Cloud Drive / N 0 100 200 400 Feet I I I 1 1 1 1 1 1 Guide Plan Map Current - Taco Bell 8450 Joiner Way, Eden Prairie, MN 55344 1r .. ill API Castlemoor Drive Prairie Center Drive N -4. . , ils 1:411p104 I% . 1111 Joiner Way PIN ill Medom Boulevard ' Cit1 of Eden Prairie and Use Guide Franlo Road PI . n Map 2000-2Q30 1 .__. Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre Community Commercial Streams 177 Low Density/Public/Open Space - Regional Commercial —Principal Arterial —A Minor Arterial Medium Density residential 2.5-10 Units/Acre ®Town Center la ^ B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 b l Medium 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 E D E N - High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-2306 DATE Revised 10-0107 Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-06 =Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y/Z Office/Industrial Open WaterCell 72. uve•woRK•DREAM f� Office/Public/Open Space Right-Of-Way 230 115 MnOogamm�Me mo1.m_o.„®1�XnpneB1 11 MB 23O�^Feet - Industrial QCityLimits Zoning Map - Taco Bell 8450 Joiner Way Eden Prairie, MN 55344 � o ,o7,' 1All Castlemoor Drivel iord r I • Prairie Center Drive CFN R cp- :.44.......................i... Top, 1116•, . 4\11"11'41 de Pr i I 1 •5 I v�.- " 6 Joiner Way ° ° /131 6 I Medcom Boulevard J ° 0 City .f Eden Prairie Zoning Map . Z Ii■ =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. n TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. 11 TC-MU I GD I General Development Waters(Creeks Only) ile.. R1-9.5 One Family-9,500 sf min. p Industrial Park-2 Acre Min, ® 100- Year Floodplain EDEN RM-6.5 Multi-Family-6.7 U.P.A.max. I 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 Office AI 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 l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance LIVE•WOAK•DAEAM 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.. mo..m._..®..i..o.,.,, ..N.E.A ,..,,mo, Aerial Map: Taco Bell Address: 8450 Joiner Way, Eden Prairie, Minnesota 55344 1917 i11 71111111111Or' . .e.:.'i '- N"\\''' "/ . 1 9q /I '�A� ,� . 40 '' Castlemoore Drive ARgR/�� i �, '* C SIN ,,?,, 674. "TF 4 r ARq RJR `fit Prairie Center Drive I C �/� GP �'9s �� i% iT► " �� n albN‘ � \ �'��� Flying Cloud Drive ` �. a►� °�, Joiner Way • N ..,7,., y� • *4 ',�y V 13' 4 ► T R . . .. .+ ,, w„' r o y I �: r T. Z 1 L- OII 1 Illa a U 0 12.5-- '25 450 Feet FIRST AMENDMENT TO DEVELOPER'S AGREEMENT TACO BELL This First Amendment to Developer's Agreement Taco Bell ("First Amendment") is made this 19th day of July, 2016 between Border Foods, Inc., a Minnesota corporation hereinafter referred to as "Developer," its successors and assigns, and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City." RECITALS A. Taco Bell, a California corporation ("Original Developer") and City are parties to that certain Developer's Agreement ("Developer's Agreement") entered into on March 10, 1992, in which Original Developer applied for, and the City approved, certain land use changes and approvals for development of 0.56 acres of land, legally described on Exhibit A-1 (the "Property"), as more fully set forth in the Developer's Agreement. BFI Real Estate, LLC, a Delaware limited liability company is the successor in interest to the Original Developer to the Property. B. Subsequent to execution of the First Amendment to Developer's Agreement, the City and Developer have met and conferred regarding changed circumstances which affect, warrant, and require amendment of the Developer's Agreement. C. Capitalized terms not defined in this First Amendment shall have the meanings assigned to them in the Developer's Agreement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and legal sufficiency of which the parties acknowledge, Developer and City agree as follows: 1. Number 9 of the previously approved Developer's Agreement is hereby amended by removing 9. B. which requires that the applicant submit detailed plans for the 3 1/2 foot high wood fence to be constructed to screen the parking areas from Joiner Way. 2. Developer shall develop the Property in conformance with the materials with a revision date of June 21, 2016 and stamp dated June 30, 2016, reviewed and approved by the City Council on July 19, 2016 and identified on Exhibit B-1, subject to such changes and modifications as described herein. 3. Prior to the issuance of a land alteration permit, the applicant shall comply with the following conditions of approval: A. The Site Plan shall be revised to include a detail of the retaining wall. 1 B. The location of the sidewalk along Joiner Way shall be revised on the Site Plan and subsequent sheets. C. Submit a building materials board to the Planning Department for review and approval. D. Obtain and provide documentation of Watershed District approval. E. Obtain a sign permit for new signs. F. The exterior elevations sheet shall be revised by indicating whether the trash enclosure detail depicts the existing enclosure or proposed changes. 4. The Owner's Supplement to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto as Exhibit C-1 and made a part hereof. A. BFI Real Estate Holdings, LLC, a Delaware limited liability company 5. Except as amended hereby, all other terms and conditions of the Developer's Agreement remain in full force and effect. 6. This First Amendment may be: (i) signed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same First Amendment; and (ii) delivered by facsimile transmittal or other electronic communication of signed original counterparts. 7. Developer agrees to and reaffirms all of the terms and conditions and accepts the obligations of"Developer" under the Developer's Agreement, except as inconsistent with or amended by this Supplement. 2 IN WITNESS WHEREOF,the parties to this First Amendment to Developer's Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER: BORDER FOODS, INC. A Minnesota corporation BY: Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, by , the of Border Foods, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public 3 CITY: 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 , 2016, 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 THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, WI 55344 4 EXHIBIT A-1 FIRST AMENDMENT TO DEVELOPER'S AGREEMENT TACO BELL LEGAL DESCRIPTION OF THE PROPERTY Lot 2, Block 1, Yes Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Abstract and Torrens property Note: The Torrens portion being more particularly described as follows: Lot 2, Block 1, Yes Addition, except that part thereof lying North of the North line of Tract B, Registered Land Survey No. 168. Torrens Property Being registered land as is evidenced by Certificate of Title No. 1389204. 8450 Joiner Way Eden Prairie, MN 1 EXHIBIT B-1 FIRST AMENDMENT TO DEVELOPER'S AGREEMENT TACO BELL PLANS LIST OF MATERIALS 1. Project Narrative dated January 27, 2016 by Border Foods 2. Site Plan and Project Views dated June 21, 2016 by Border Foods 3. Floor Plans dated June 21, 2016 by Border Foods 4. Exterior Elevations dated June 21, 2016 by Border Foods 5. Existing and New Exterior Elevations dated June 21, 2016 by Border Foods 6. Site Plan dated June 21, 2016 by Civil Engineering Site Design 7. Existing Conditions Plan dated June 21, 2016 by Civil Engineering Site Design 8. Grading and Drainage Plan dated June 21, 2016 by Civil Engineering Site Design 9. Paving Plan dated June 21, 2016 by Civil Engineering Site Design 10. Erosion Control Plan dated June 21, 2016 by Civil Engineering Site Design 11. Water Service Utility Plan dated June 21, 2016 by Civil Engineering Site Design 12. Landscape Plan dated June 21, 2016 by CivilSite Group 13. Photometric Plan dated June 21, 2016 by Border Foods 14. Floor Plan dated June 21, 2016 by Border Foods 15. Seating and Equipment Plan dated June 21, 2016 by Border Foods 16. Exterior Elevation dated June 21, 2016 by Border Foods 17. Exterior Elevation dated June 21, 2016 by Border Foods 1 EXHIBIT C-1 FIRST AMENDMENT TO DEVELOPER'S AGREEMENT TACO BELL OWNERS' SUPPLEMENT TO FIRST AMENDMENT TO DEVELOPER'S AGREEMENT BETWEEN BORDER FOODS, INC AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 2016, by and between BFI Real Estate Holdings, LLC, a Delaware limited liability company, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. 2016-00 for Site Plan Review, as more fully described in that certain First Amendment to Developer's Agreement entered into as of , 2016, by and between Border Foods, Inc., a Minnesota corporation and City ("Development Agreement") pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 1. If Border Foods, Inc., fails to commence development in accordance with the First Amendment to Developer's Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the First Amendment of Developer's Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. 2015-00 for Site Plan Review identified above, thus restoring the status of the Property before the First Amendment of Developer's Agreement and all approvals listed above were approved. 2. This Agreement and the First Amendment of Developer's Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the First Amendment of Developer's Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. 1 IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE By By Nancy Tyra-Lukens, Its Mayor By By Rick Getschow, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, by Nancy Tyra-Lukins 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 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, by , the of BFI Real Estate Holdings LLC, 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 2 Exhibit A Owner's Supplement — First Amendment of Developer's Agreement — Taco Bell Lot 2, Block 1, Yes Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Abstract and Torrens property Note: The Torrens portion being more particularly described as follows: Lot 2, Block 1, Yes Addition, except that part thereof lying North of the North line of Tract B, Registered Land Survey No. 168. Torrens Property Being registered land as is evidenced by Certificate of Title No. 1389204. 8450 Joiner Way Eden Prairie, MN 3 EXHIBIT D FIRST AMENDMENT TO DEVELOPER'S AGREEMENT TACO BELL CONSENT AND SUBORDINATION The undersigned, owner of that certain Mortgage dated the 31 st day of May, 2013 recorded in the office of the County Recorder in and for the County of Hennepin, State of Minnesota, on the 5th day of June, 2013 as Document No. 9961421 and in the office of the Registrar of Titles in and for the County of Hennepin, State of Minnesota, on the 5th day of June, 2013 as Document No. T5082663 covering the Property described on Exhibit A hereto, for valuable consideration, does hereby consent to the and subordinates it interest in the Property to that certain 1st Amendment to Developer's Agreement, to which this Consent and Subordination is attached as Exhibit D, dated July 19, 2016 by and between Border Food, Inc. and the City of Eden Prairie. RBS Citizens,N.A. By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) On the day of , 2016, before me personally came , to me known, who being duly sworn by me stated that he/she is the of the said RBS Citizens, N.A. and that he/she is duly authorized to execute the foregoing instrument. Notary Public 1 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.D. Community Development/Planning Comprehensive Plan Amendment Janet Jeremiah/Julie Klima —Medium&High Density Residential Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution amending the Comprehensive Plan. Synopsis The Metropolitan Council staff has identified an inconsistency within the text language of the Comprehensive Plan. The Metropolitan Council has communicated that this inconsistency between policy intent and guiding densities needs to be corrected prior to review of any comprehensive guide plan map amendment requests. Background The City has received an application requesting approvals of; Comprehensive Guide Plan Amendment to reguide property from Low Density Residential and Office to High Density Residential; and Planned Unit Development (PUD)requesting a waiver to exceed the 17.4 units per acre allowed in the RM-2.5 zoning district for the Eden Prairie Senior Living project that includes assisted living and memory care units, as well as, independent senior housing. In preliminary review of the guide plan amendment request, staff has reached out to Metropolitan Council staff to review the proposed map amendment. The Metropolitan Council considers assisted living and memory care units as housing units and applies those numbers towards the City's overall density calculations. The inconsistency identified exists between the text language in the land use chapter and the densities provided on the guide plan map. The text of the land use chapter refers to maximum densities of 6.7 for Medium Density and 17.4 for High Density Residential. These density ranges are consistent with the density language included in the zoning ordinance for the RM-6.5 and RM-2.5 zoning districts. However, the map included in the Comprehensive Plan indicate maximum densities of 10 units/acre for Medium Density and 40 units/acre for High Density and the housing chapter includes density ranges extending to 10 and 40 units per acres. When the Metropolitan Council reviewed the 2009 Comprehensive Plan, it reviewed based on the density ranges provided in the land use chapter text rather than those indicated on the map or in the housing chapter. City staff has had conversations with the Metropolitan Council to determine the preferred alternative to rectify this inconsistency. Staff proposes the following changes underlined and as noted below: Medium Density Residential: This category allows a gross residential density between 2.5 and 6.710 dwelling units per acre. Typical development includes single family detached dwellings, in addition to multiple family attached dwelling units that are approved either through conventional platting or a planned unit development. Corresponding zoning districts include the R1-9.5 and the RM-6.5 (multi family) district. Development densities ranging from 6.8 to 10 units per acres may be limited to projects that are reviewed through the planned unit development process, and which are consistent with and further other policies of the comprehensive plans, such as addressing housing needs. High Density Residential: This category allows a gross residential density between 6.7 and 17.1 40 units per acre. Typical development includes multiple family attached dwelling units that are approved either through conventional platting or a planned unit development. The corresponding zoning district is the RM-2.5 district. Development densities ranging from 17.5 to 40 units per acres may be limited to projects that are reviewed through the planned unit development process, and which are consistent with and further other policies of the comprehensive plans, such as addressing housing needs. The approach of applying a PUD for those projects that exceed the density requirements of the underlying zoning district is consistent with the practice that has been utilized in past development projects such as Summit Place, Presbyterian Homes, Martin Blu, Lincoln Parc, and Water Tower. Planning Commission Review and Recommendation At its June 27, 2016 meeting, the Commission voted 7-0 to recommend approval of the Comprehensive Plan Amendment subject to the information in the staff report dated June 22, 2016. Attachments • Resolution • Staff Report dated June 22, 2016 • Planning Commission Minutes June 27, 2016 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS,the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan("Plan"); and WHEREAS,the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS,the City proposes to amend the text related to allowable densities and review process for development within the medium and high density residential categories; NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan based on the staff report dated June 22, 2016 and subject to Metropolitan Council approval. ADOPTED by the City Council of the City of Eden Prairie this 19th day of July, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT: TO: Planning Commission FROM: Julie Klima, City Planner DATE: June 22, 2016 SUBJECT: Comprehensive Plan Text Amendment—Medium &High Density Residential BACKGROUND: The Comprehensive Plan adopted in 2009 includes the following language regarding Medium and High Density Residential development in Section 3.2 of the Land Use Chapter. Medium Density Residential: This category allows a gross residential density between 2.5 and 6.7 dwelling units per acre. Typical development includes single family detached dwellings, in addition to multiple family attached dwelling units that are approved either through conventional platting or a planned unit development. Corresponding zoning districts include the RJ-9.5 and the RM-6.5 (multi family) district. High Density Residential: This category allows a gross residential density between 6.7 and 17.4 units per acre. Typical development includes multiple family attached dwelling units that are approved either through conventional platting or a planned unit development. The corresponding zoning district is the RM-2.5 district. The City has received an application requesting approvals of; Comprehensive Guide Plan Amendment to reguide property from Low Density Residential and Office to High Density Residential; and Planned Unit Development(PUD)requesting a waiver to exceed the 17.4 units per acre allowed in the RM-2.5 zoning district for the Eden Prairie Senior Living project that includes assisted living and memory care units, as well as, independent senior housing. In preliminary review of the guide plan amendment request, staff has reached out to Metropolitan Council staff to review the proposed map amendment. The Metropolitan Council considers assisted living and memory care units as housing units and applies those numbers towards the City's overall density calculations. As a part of those discussions, Metropolitan Council staff identified an inconsistency within the text language of the Comprehensive Plan. The Metropolitan Council has communicated that this inconsistency between policy intent and guiding densities needs to be corrected prior to review of any comprehensive guide plan map amendment requests. The inconsistency identified exists between the text language in the land use chapter and the densities provided on the guide plan map. The text of the land use chapter refers to maximum densities of 6.7 for Medium Density and 17.4 for High Density Residential. These density ranges are consistent with the density language included in the zoning ordinance for the RM-6.5 and RM-2.5 zoning districts. However, the map included in the Comprehensive Plan indicate maximum densities of 10 units/acre for Medium Density and 40 units/acre for High Density and the housing chapter includes density ranges extending to 10 and 40 units per acres. When the Metropolitan Council reviewed the 2009 Comprehensive Plan, it reviewed based on the density ranges provided in the land use chapter text rather than those indicated on the map or in the housing chapter. PROPOSED AMENDMENT: City staff has had conversations with the Metropolitan Council to determine the preferred alternative to rectify this inconsistency. Staff proposes the following changes underlined and as noted below: Medium Density Residential: This category allows a gross residential density between 2.5 and 6.710 dwelling units per acre. Typical development includes single family detached dwellings, in addition to multiple family attached dwelling units that are approved either through conventional platting or a planned unit development. Corresponding zoning districts include the RI-9.5 and the RM-6.5 (multi family) district. Development densities ranging from 6.8 to 10 units per acres may be limited to projects that are reviewed through the planned unit development process, and which are consistent with and further other policies of the comprehensive plans, such as addressing housing needs. High Density Residential: This category allows a gross residential density between 6.7 and 17.4 40 units per acre. Typical development includes multiple family attached dwelling units that are approved either through conventional platting or a planned unit development. The corresponding zoning district is the RM-2.5 district. Development densities ranging from 17.5 to 40 units per acres may be limited to projects that are reviewed through the planned unit development process, and which are consistent with and further other policies of the comprehensive plans, such as addressing housing needs. The approach of applying a PUD for those projects that exceed the density requirements of the underlying zoning district is consistent with the practice that has been utilized in past development projects such as Summit Place, Presbyterian Homes, Martin Blu, Lincoln Parc, and Water Tower. STAFF RECOMMENDATION: Staff recommends approval of the amendment to the Comprehensive Plan as noted in the staff report. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JUNE 27, 2016 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, Mark Freiberg, Tom Poul CITY STAFF: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE — ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Weber and Wuttke were absent. II. APPROVAL OF AGENDA MOTION: Kirk moved, seconded by Higgins, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON MAY 23, 2016 MOTION: Higgins moved, seconded by Pieper, to approve the Planning Commission Minutes. Motion carried 7-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS B. COMPREHENSIVE PLAN AMENDMENT Request to: • Amend the Comprehensive Plan relating to development densities and process for high density residential developments. Klima stated the Metropolitan Council identified an inconsistency within the text language of the Comprehensive Plan related to medium and high density residential PLANNING COMMISSION MINUTES June 27, 2016 Page 2 developments. The Met Council said this inconsistency needs to be corrected prior to review of any comprehensive guide plan map amendment requests. This inconsistency exists between the text language in the land use chapter and the densities provided on the guide plan map. The text of the land use chapter refers to maximum densities of 6.7 for Medium Density and 17.4 for High Density Residential. These density ranges are consistent with the density language included in the zoning ordinance for the RM-6.5 and RM-2.5 zoning districts. However, the maps included in the Comprehensive Plan indicate maximum densities of 10 units/acre for Medium Density and 40 units per acre for High Density and the housing chapter includes density ranges extending to 10 and 40 units per acres. When the Metropolitan Council reviewed the 2009 Comprehensive Plan, it reviewed based on the density ranges provided in the land use chapter rather than those indicated on the map or in the housing chapter. Staff is proposing language to the land use chapter that would allow medium density residential densities up to 10 units/acre and high density residential densities up to 40 units per acre. Densities proposed ranging from 6.8 — 10 units/acre in the medium density and 17.5 —40 in the high density area would require the review of a PUD. The proposed language is consistent with the practice that has been used for previous development projects as noted in the staff report. Staff recommendation is for approval. Chair Stoltz opened the meeting up for public input. There was no input. Kirk commented he thought this was a reasonable fix. MOTION: Pieper moved, seconded by Farr, to close the public hearing. Motion carried 7-0. MOTION: Pieper moved, seconded by Kirk, to recommend approval of amending the Comprehensive Plan relating to development densities and process for medium and high density residential developments based on the information included in the staff report dated June 22, 2016. MOTION carried 7-0. VII. PLANNERS' REPORT VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION: Farr moved, seconded by Poul, to adjourn the Planning Commission meeting. Motion carried 7-0. Vice Chair Pieper adjourned the meeting at 8:l 6p.m. CITY COUNCIL AGENDA DATE: July 19, 2016 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.E. Community Development/Planning Temporary Dwelling Opt Out Janet Jeremiah/Julie Klima Requested Action Move to: • Close the Public Hearing; and • Approve first reading of the Ordinance to Opt Out of the Requirements of Minnesota Statutes, Section 462.3593. Synopsis In May 2016, the Minnesota Legislature passed legislation to allow for local governments to begin issuing a new type of permit to allow certain types of modular or manufactured housing as temporary dwellings. The motivation for the statute is to allow for transitional housing for seniors. Specifically, the law allows municipalities to issue permits allowing seniors that require assistance with 2 or more instrumental activities of daily life to stay in temporary dwellings located on a yard or driveway for 6 months with an option to extend the permit for 6 months. Current City Code regulations do not permit temporary dwellings. Municipalities may choose to opt out of the program by passing an ordinance affirming the opt out option prior to September 1, 2016. If a City chooses not to opt out, the statute requires the City to issue permits to qualified applications starting September 1, 2016. In this case, the City would have 15 days (no extension) to make a decision on granting the permit and waives the public hearing requirement. Attached is an ordinance opting out of the requirements of Minnesota Statues, Section 462.3593. Planning Commission Review and Recommendation At its July 11, 2016 meeting, the Commission voted 7-0 to recommend approval of the text amendment subject to the information in the staff report dated July 6, 2016. The Planning Commission emphasized its position of supporting housing options for seniors requiring rehabilitation accommodations and maintaining the belief that additional time and effort would be necessary to prepare local regulations to fully address impacts and concerns related to temporary housing. Attachments • Ordinance • Staff Report dated July 6, 2016 • Unapproved Planning Commission Minutes July 11, 2016 (hand-carried) ORDINANCE NO. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA AN ORDINANCE OPTING-OUT OF THE REQUIREMENTS OF MINNESOTA STATUTES, SECTION 462.3593 WHEREAS, on May 12, 2016, Governor Dayton signed into law the creation and regulation of temporary family health care dwellings, codified at Minn. Stat. § 462.3593, which permit and regulate temporary family health care dwellings; WHEREAS, subdivision 9 of Minn. Stat. §462.3593 allows cities to "opt out"of those regulations; THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, ORDAINS as follows: SECTION 1. City Code, Chapter 11, is hereby amended by adding Section 11.81 to read as follows: Section 11.81. Temporary Dwelling Opt Out. Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of Eden Prairie opts-out of the requirements of Minn. Stat. §462.3593, which defines and regulates Temporary Family Health Care Dwellings. SECTION 2. This Ordinance shall be effective immediately upon its passage and publication. READ and adopted and ordered published at a regular meeting of the City Council of said City on the 19th day of July, 2016. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2016. PLANNERS REPORT: TO: Planning Commission FROM: Julie Klima, City Planner DATE: July 6, 2016 SUBJECT: Code Change—Temporary Dwelling Opt Out BACKGROUND: In May 2016, the Minnesota Legislature passed legislation to allow for local governments to begin issuing a new type of permit to allow certain types of recreational vehicles, modular or manufactured housing as temporary dwellings. The motivation for the statute is to allow for transitional housing for seniors. Specifically, the law allows municipalities to issue permits allowing seniors that require assistance with 2 or more instrumental activities of daily life to stay in temporary dwellings located on a yard or driveway for 6 months with an option to extend the permit for 6 months. Currently, the City Code does not permit temporary dwellings. Municipalities may choose to opt out of the program by passing an ordinance affirming the opt- out option prior to September 1, 2016. If a City chooses not to opt out, the statute requires the City to issue permits to qualified applications starting September 1, 2016. In this case, the City would have 15 days (no extension) to make a decision on granting the permit and waives the public hearing requirement. CODE CHANGE: Staff is proposing to add a section to the zoning ordinance that states that the City of Eden Prairie is opting out of the statute allowing temporary dwelling units. City Code requires that the Planning Commission shall provide a recommendation to the City Council on amendments to the zoning chapter. STAFF RECOMMENDATION: Staff recommends that the Commission move to recommend to the City Council that City Code be amended to opt out of the temporary dwelling legislation of Minnesota Statutes Section 462.3593. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims July 19, 2016 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 246953 - 247639 Wire Transfers 1014233 - 1014510 Wire Transfers 5794 - 5826 Purchasing Card 5818 City of Eden Prairie Council Check Summary 7/19/2016 Division Amount Division Amount 27,710 304 Senior Board 226 100 City Manager 539 307 Drug Forfeiture 7,552 101 Legislative 464 308 E-911 1,425 102 Legal Counsel 46,197 309 DWI Forfeiture 62 110 City Clerk 1,645 315 Economic Development 1,364,139 111 Customer Service 16,896 316 WAFTA 126 112 Human Resources 1,779 319 Federal Non-Drug Forfeitures 4,500 113 Communications 20,804 445 Cable PEG 7,573 114 Benefits&Training 8,678 502 Park Development 9,869 130 Assessing 500 509 CIP Fund 103,492 131 Finance 4,114 512 CIP Trails 5,190 132 Housing and Community Services 9,406 513 CIP Pavement Management 25,477 133 Planning 5,713 522 Improvement Projects 2006 37,285 136 Public Safety Communications 3,065 527 CIP-Leasing Costs 16,053 137 Economic Development 398 528 Shady Oak Rd-CR 61 North 506 138 Community Development Admin. 227 529 Shady Oak Rd-CR 61 South 737,632 151 Park Maintenance 65,289 530 Pool Upgrade/Expansion 1,077 153 Organized Athletics 3,638 531 Eden Prairie Road 903 154 Community Center 38,464 534 WEST 70TH ST.EXTENSION 14,435 155 Beaches 4,506 535 TC Station/NS Road 8,784 156 Youth Programs 16,576 536 General LRT 92,403 157 Special Events 20,348 Total Capital Projects Fund 2,438,709 158 Senior Center 5,591 159 Recreation Administration 215 601 Prairie Village Liquor 203,242 160 Therapeutic Recreation 1,770 602 Den Road Liquor 347,065 161 Oak Point Pool 12,714 603 Prairie View Liquor 236,085 162 Arts 14,184 605 Den Road Building 112,138 163 Outdoor Center 3,864 701 Water Fund 363,159 164 Park Rental Facilities 102 702 Sewer Fund 352,953 168 Arts Center 1,830 703 Storm Drainage Fund 49,838 180 Police 24,742 Total Enterprise Fund 1,664,480 184 Fire 35,875 186 Inspections 4,564 803 Escrow Fund 163,132 200 Engineering 3,310 804 100 Year History 156 201 Street Maintenance 108,289 806 SAC Agency Fund 22,365 202 Street Lighting 70,484 807 Benefits Fund 1,179,759 Total General Fund 584,489 810 Workers Comp Insurance 155,014 812 Fleet Internal Service 172,511 301 CDBG 12,600 813 IT Internal Service 102,318 303 Cemetary Operation 1,601 814 Facilities Capital ISF 38,140 312 Recycle Rebate 1,743 815 Facilites Operating ISF 118,246 Total Special Revenue Fund 15,943 816 Facilites City Center ISF 105,448 817 Facilites Comm.Center ISF 155,220 433 2007A Facility Lease-3rd Rink 2,150 Total Internal Svc/Agency Funds 2,212,308 437 G.O.Perm.Improv.2010A 3,100 Total Debt Service Fund 5,250 Report Total 6,921,180 City of Eden Prairie Council Check Register by GL 7/19/2016 Check# Amount Supplier/Explanation Account Description Business Unit Comment 247393 667,183 C S MCCROSSAN CONSTRUCTION INC Improvement Contracts Shady Oak Rd-CR 61 South Shady Oak Rd-CR 61 South 247562 463,714 GENERAL GROWTH PROPERTIES INC TIE Payment TIF-HO PROPERTIES 1st half of TIF pymt 247461 311,946 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Sewer Utility-General July Wastewater Fee 5822 269,930 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Paytroll taxes 1014487 269,194 EP CONSOLIDATED PROPERTIES LLC TIF Payment TIF-EDEN SHORES SENIOR HOUSING 1st half of TIE pymt 247566 258,885 HEALTHPARTNERS Accounts Receivable Health and Benefits July Premiums 5801 254,092 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Paytroll taxes 1014334 172,416 XCEL ENERGY Electric Round Lake Electric bill-multi locations 247552 160,164 DOMINIUM TIF Payment TIF-HEIGHTS AT VALLEY VIEW 1st half of TIF pymt 5820 160,010 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 5799 159,897 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 247451 155,014 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Workers Comp Insurance 247636 144,477 WINDSOR PLAZA LLC TIF Payment TIF-TOWN CENTER 1st half of TIF pymt 247623 144,456 TE MILLER DEVELOPMENT LLC TIF Payment TIF-LINCOLN PARC APTS 1st half of TIF pymt 247620 126,886 ST.PAUL PORT AUTHORITY Deposits Escrow Levy 19252/19253 247632 114,365 WATERS SENIOR LIVING TIF Payment TIF-ROLLING HILLS SR HSG 1st half of TIF pymt 247396 107,896 CENTRAL ROOFING COMPANY Other Contracted Services Den Road Building Den Road Bldg Roof 247608 97,186 RJM CONSTRUCTION INC Improvements to Land Capital Maint.&Reinvestment 1014391 80,404 SRF CONSULTING GROUP INC Design&Engineering Engineering 247627 54,030 UNITED PROPERTIES TIF Payment TIF-SUPERIOR OFFICE CTR 1014485 53,515 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 247460 51,419 METRO TRANSIT Design&Engineering TC Station/NS Road 1014376 51,402 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Rehab 247140 45,035 KEYS WELL DRILLING COMPANY Design&Engineering Water Capital 5818 44,439 US BANK Other Revenue Sewer System Maintenance 247574 42,291 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 247319 41,906 SIR LINES-A-LOT Contracted Striping Traffic Signs 1014435 41,241 J&D WINDOW CLEANING Building Repair&Maint. Fire Station#1 247137 38,170 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 247272 37,290 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1014440 33,163 LOGIS Network Support Sewer Accounting 247334 32,102 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating 247009 31,608 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 247313 31,331 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment Plant 246992 30,597 GOODPOINTE TECHNOLOGY (C/O ZOOM) Design&Engineering Park Maintenance 247023 29,256 MINNESOTA DEPT OF HEALTH Licenses,Permits,Taxes Water Testing 1014368 28,178 DIVERSE BUILDING MAINTENANCE Tenant 1-Janitor Service Prairie Village Liquor Store 247617 28,118 SOUTHERN WINE&SPIRITS OF MN Liquor-Incentives Prairie Village Liquor Store 247032 27,066 NELSON AUTO CENTER,INC Autos Police 247157 27,066 NELSON AUTO CENTER,INC Autos Police 1014261 26,879 DIVERSE BUILDING MAINTENANCE Janitor Service Public Works/Parks 1014447 25,655 PARROTT CONTRACTING INC Equipment Repair&Maint Water System Maintenance 247020 25,368 METRO TRANSIT Design&Engineering TC Station/NS Road 247634 24,400 WEITZMAN STUDIOS INC Design&Engineering General LRT 247182 24,207 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 247440 22,273 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 247281 22,141 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 247093 21,957 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 246956 21,916 ABM ONSITE SERVICES-MIDWEST Janitor Service City Hall-CAM 5803 21,797 EMPOWER Deferred Compensation Health and Benefits 247225 21,698 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 247104 21,338 CSM CORPORATION Deposits Escrow 247485 21,263 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comment 5824 20,899 EMPOWER Deferred Compensation Health and Benefits 247318 20,738 SIGNSOURCE Other Contracted Services FF&E-Furn,Fixtures&Equip. 1014458 20,013 XCEL ENERGY Electric Water Wells 247060 19,861 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1014392 19,255 THORPE DISTRIBUTING Liquor Product Received Prairie View Liquor Store 247155 19,189 MINNESOTA STATE CURB&GUTTER Asphalt Overlay Street Maintenance 1014501 18,542 PARROTT CONTRACTING INC Equipment Repair&Maint Water System Maintenance 247271 18,200 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 247136 18,146 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 247307 18,072 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 247479 18,000 QUANTUM ART INC Equipment Repair&Maint IT Operating 247008 17,645 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 247422 16,608 GRAYMONT Treatment Chemicals Water Treatment Plant 1014358 16,228 WSB&ASSOCIATES INC Design&Engineering Improvement Projects 2006 1014506 16,163 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1014429 15,996 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment Plant 247573 15,754 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 5802 15,642 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 247469 15,553 NORTHMARQ REAL ESTATE SERVICES LLC Other Contracted Services CIP-Leasing Costs 247533 15,511 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 5823 15,492 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 247539 15,153 CENTRAL ROOFING COMPANY Other Contracted Services Facilities Capital 247458 14,853 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 247532 14,501 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 247322 14,213 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 247308 14,030 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 1014297 13,940 ASPEN EQUIPMENT CO. Autos Park and Recreation 247439 13,866 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 247390 13,778 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 247580 13,443 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 246974 13,085 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 247174 13,000 RMC PROJECT MANAGEMENT Conference/Training Communications 246973 12,723 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 246985 12,714 EDEN PRAIRIE SCHOOL Other Contracted Services Oak Point Operations 1014272 12,638 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 247564 12,517 GRAYMONT Treatment Chemicals Water Treatment Plant 247543 12,441 COLUMBINE TOWNHOMES TIF Payment TIF-COLUMBINE ROAD HOUSING 247260 12,342 GRAYMONT Treatment Chemicals Water Treatment Plant 1014492 12,334 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Maintenance 247344 12,322 XCEL ENERGY Improvement Contracts WEST 70TH ST.EXTENSION 247208 12,221 AMERICAN ENGINEERING TESTING INC Testing-Soil Boring Shady Oak Rd-CR 61 South 247015 12,212 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 5804 12,206 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 247555 12,110 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Police 247546 12,013 COMMERCIAL ASPHALT CO Repair&Maint.Supplies Storm Drainage 247524 12,000 BAKER Other Contracted Services FF&E-Furn,Fixtures&Equip. 1014451 11,912 STREICHERS Clothing&Uniforms NonFederal Forfeiture 1014329 11,466 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 247391 10,331 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 247094 10,134 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 1014493 9,699 HAWKINS INC Treatment Chemicals Water Treatment Plant 1014452 9,549 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 247500 9,342 TRUCK UTILITIES MFG CO Autos Park and Recreation 1014312 9,193 HANSEN THORP PELLINEN OLSON Design&Engineering Capital Maint.&Reinvestment 247167 8,945 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 247224 8,783 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 247239 8,629 COMMERCIAL ASPHALT CO Repair&Maint.Supplies Sewer System Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comment 5805 8,602 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 247052 8,405 RJ MARCO CONSTRUCTION INC Building Capital Impr/Maint Fixed 1014333 8,390 WM MUELLER AND SONS INC Gravel Capital Impr/Maint Fixed 247605 8,375 PROP Other Contracted Services Housing and Community Service 247341 8,352 WELSH COMPANIES Other Contracted Services Fitness/Conference-Cmty Ctr 246982 8,150 COMMERCIAL ASPHALT CO Repair&Maint.Supplies Water System Maintenance 246963 8,000 BAKER Contract Svcs-General Bldg FF&E-Furn,Fixtures&Equip. 247635 7,903 WELSH COMPANIES Other Contracted Services Facilities Capital 247113 7,663 FIRE CATT LLC Equipment Testing/Cert. Fire 247474 7,499 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1014300 7,438 BIFFS INC Waste Disposal Park Maintenance 247338 7,344 VERIZON WIRELESS Other Contracted Services IT Operating 247131 7,196 HOMME REMODELS Other Contracted Services Rehab 247395 7,161 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 247426 7,110 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Storm Drainage 1014443 6,697 METRO SALES INCORPORATED* Other Rentals IT Operating 247560 6,280 FRESHWATER HARVESTING INC Other Contracted Services Riley Lake 247446 6,256 KNOX COMPANY Small Tools Fire 247050 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 247012 6,098 LANO EQUIPMENT INC Equipment Repair&Maint Fleet Operating 247041 5,938 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 247299 5,807 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 247154 5,768 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 247551 5,750 DICK WHITBECK MUSIC INC Other Contracted Services July 4th Celebration 247410 5,573 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 1014323 5,426 POMP'S TIRE SERVICE INC Tires Fleet Operating 247624 5,415 TOUCHPOINT LOGIC LLC Equipment Repair&Maint Cable PEG 5807 5,400 SAGE PAYMENT SOLUTIONS Bank and Service Charges Sewer Utility-General 247328 5,399 STRAND MANUFACTURING CO INC Repair&Maint.Supplies Water Treatment Plant 247602 5,330 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1014448 5,231 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 247325 5,228 SPIRIT APPAREL AND STUFF Clothing&Uniforms Special Events Admin 1014495 5,214 JASPER ENGINEERING&EQUIPMENT COMPANY Repair&Maint.Supplies Water Wells 247468 5,023 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 247165 4,990 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 1014242 4,935 GREENSIDE INC Contract Svcs-Lawn Maint. Dunn Brothers 1014420 4,927 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 247606 4,903 PROP Other Contracted Services Rehab 247538 4,860 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Park Maintenance 247477 4,823 PROFESSIONAL FOOD SERVICE Operating Supplies Wine Club/Events 247119 4,764 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Bldg Fitness/Conference-Cmty Ctr 1014359 4,684 YOUNGSTEDTS COLLISION CENTER Autos Fleet Operating 1014292 4,673 WSB&ASSOCIATES INC Other Contracted Services Capital Impr/Maint Fixed 1014256 4,571 A-SCAPE INC Contract Svcs-Lawn Maint Fire Station#4 1014271 4,570 STREICHERS Clothing&Uniforms Police 247443 4,551 KALLAL SARAH Building Permits General Fund 247375 4,500 ACCESSDATA GROUP INC Fund Balance/RE Federal Non-Drug Forfeitures 247288 4,443 NAC Other Contracted Services Fire Station#3 5806 4,395 AMERICAN EXPRESS Bank and Service Charges Finance 247199 4,367 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 247076 4,163 POSTMASTER PERMIT#241 Postage Communications 246994 4,105 GRAYMONT Treatment Chemicals Water Treatment Plant 247132 3,981 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 247195 3,977 VALLEY RICH CO INC Improvement Contracts Storm Drainage 247145 3,900 LUTHY SANDBLASTING&PAINTING INC Equipment Repair&Maint Fleet Operating 247542 3,900 CLARITY CENTRAL Training Supply-Weekly Fire 247508 3,892 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comment 247082 3,865 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 247210 3,844 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1014354 3,830 VAN PAPER COMPANY Tenant 1-Cleaning Suppli City Hall-Direct Costs 247207 3,788 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs-Gen.Bldg City Center Operations 1014478 3,781 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#4 247097 3,754 CENTURYLINK Telephone Cummins Grill 247501 3,750 TWIN CITIES FANTASY FACTORY LLC Other Contracted Services July 4th Celebration 1014363 3,677 ASPEN EQUIPMENT CO. Autos Park and Recreation 1014454 3,580 WALL TRENDS INC Contract Svcs-Gen.Bldg Water Treatment Plant 1014360 3,573 ADVANCED ENGINEERING&ENVIRONMENTAL SE Design&Engineering Water Capital 1014423 3,535 ADVANCED ENGINEERING&ENVIRONMENTAL SE Process Control Services Water Treatment Plant 247264 3,503 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 247637 3,466 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 247342 3,452 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 247436 3,452 INNOVATIVE GRAPHICS Clothing&Uniforms Safety Camp 1014425 3,434 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage 247472 3,377 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 247129 3,305 HILDI INC Audit&Financial Finance 1014428 3,300 CDW GOVERNMENT INC. Hardware-Rpr&Mtc IT Operating 247405 3,275 COUNTY MATERIALS CORPORATION Repair&Maint.Supplies Storm Drainage 1014357 3,269 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 1014473 3,240 VAN PAPER COMPANY Tenant 1-Cleaning Suppli Fitness/Conference-Cmty Ctr 246999 3,230 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 247298 3,175 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 247218 3,164 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 247520 3,160 ADVANCED COATING SYSTEMS Building Materials Capital Maint.&Reinvestment 1014432 3,125 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance 247185 3,100 SPRINGSTED INCORPORATED Other Contracted Services G.O.Perm.Improv.2010A 247156 3,037 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 247043 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 247512 3,000 ZELLAR MARTIN Other Contracted Services July 4th Celebration 1014450 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Wells 1014370 2,990 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance 247300 2,982 PICHA GREENHOUSE Landscape Materials/Supp Park Maintenance 247337 2,939 VELOCITY STREETWEAR INC Protective Clothing Fire 247557 2,935 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Storm Drainage 247567 2,923 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 247292 2,918 NVR SURFACES LLC Other Contracted Services Facilities Capital 247522 2,915 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1014398 2,891 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 247024 2,879 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 1014424 2,866 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#4 247096 2,838 CEMSTONE CONTRACTOR SUPPLY Asphalt Overlay Storm Drainage 247026 2,830 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Pool Lessons 247248 2,798 DUNSMORE ASPHALT INC Other Contracted Services Street Maintenance 247265 2,746 HOISINGTON KOEGLER GROUP INC Other Contracted Services Guide Plan 247432 2,698 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 247221 2,692 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 1014298 2,645 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#3 247228 2,638 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 1014510 2,592 XCEL ENERGY Electric Prairie Village Liquor Store 1014366 2,582 BIFFS INC Other Rentals July 4th Celebration 247399 2,567 CLIM-A-TECH INDUSTRIES INC Reimbursement-legal notices Escrow 1014286 2,520 MPX GROUP,THE Printing Senior Center Admin 247130 2,503 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 247380 2,499 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 247159 2,471 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Drainage Check# Amount Supplier/Explanation Account Description Business Unit Comment 247330 2,455 TITLEIST LODGING GROUP LLC Reimbursement-legal notices Escrow 247086 2,392 BARTLEY SALES COMPANY INC Other Contracted Services Facilities Capital 1014419 2,377 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1014457 2,363 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 247529 2,355 BEACON ATHLETICS Operating Supplies Park Maintenance 247625 2,350 TWIN CITIES RECREATION INC Building Materials Capital Impr/Maint Fixed 1014347 2,334 LUNDGREN,CAROL Tuition Reimbursement/School Organizational Services 247588 2,326 MINNESOTA SAFETY SERVICES LLC Training Supplies Pool Lessons 247333 2,319 ULTIMATE EVENTS,INC Other Rentals July 4th Celebration 247244 2,310 DAVE'S FLOOR SANDING&INSTALLING INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 1014503 2,309 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Utility Operations-General 1014325 2,306 RECREONICS Safety Supplies Riley Lake Beach 1014345 2,245 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 1014397 2,235 WALL TRENDS INC Contract Svcs-General Bldg Fire Station#1 247004 2,228 INTERTECH INC Contract Development IT Operating 1014475 2,197 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 247074 2,184 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 247340 2,150 WELLS FARGO BANK MINNESOTA NA Paying Agent 2007A Facility Lease-3rd Rink 247420 2,147 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Bldg Fitness/Conference-Cmty Ctr 247301 2,113 PINE PRODUCTS INC Landscape Materials/Supp Park Maintenance 1014482 2,107 BOYER TRUCKS Equipment Repair&Maint Fleet Operating 247261 2,066 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Sewer System Maintenance 1014372 2,060 GENUINE PARTS COMPANY Reimbursement Fleet Operating 1014275 2,032 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 1014387 2,029 OENO'S DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 247123 2,020 GYM WORKS Equipment Repair&Maint Fitness Center 1014340 2,006 CHEMSEARCH Supplies-HVAC City Hall-CAM 1014290 2,004 VAN PAPER COMPANY Tenant 1-Cleaning Suppli City Center Operations 247304 2,000 POLSTER,ALLISON Other Contracted Services Outdoor Center 247419 1,997 GALE-TEC ENGINEERING INC Design&Engineering Storm Drainage 1014254 1,990 VAN PAPER COMPANY Cleaning Supplies Fire Station#2 1014371 1,983 FASTSIGNS Operating Supplies Summer Theatre 1014377 1,963 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 246996 1,955 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 247536 1,944 BRYAN ROCK PRODUCTS INC Gravel Sewer System Maintenance 247437 1,910 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 247459 1,900 MCINTYRE,ROBIN Other Contracted Services Summer Theatre 247601 1,856 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 247001 1,820 IFMA Conference/Training Facilities Staff 247258 1,817 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 1014422 1,765 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 247269 1,755 INTERTECH INC Contract Development IT Operating 247040 1,749 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 1014332 1,730 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 1014259 1,723 CDW GOVERNMENT INC. Capital Under$25,000 Water Accounting 1014442 1,717 METRO ELEVATOR INC Contract Svcs-Elevator City Hall-CAM 1014388 1,710 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store 1014262 1,704 ESS BROTHERS&SONS INC Equipment Parts Storm Drainage 247297 1,700 PATHFINDER CRM,LLC Other Contracted Services Heritage Preservation 1014302 1,662 CENTERPOINT ENERGY Gas Cummins Grill 247148 1,647 MEADOW GREEN LAWNS INC Other Contracted Services Storm Drainage 1014367 1,590 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 247592 1,590 NAC Equipment Repair&Maint Fire Station#4 247253 1,568 FIRE SAFETY USA INC Equipment Repair&Maint Public Safety Communications 247549 1,561 COUNTY MATERIALS CORPORATION Equipment Parts Storm Drainage 246960 1,550 ARENA SERVICES AND PRODUCTS Contract Svcs-Ice Rink Ice Arena Maintenance 246961 1,542 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comment 247614 1,506 SITEONE LANDSCAPE SUPPLY,LLC Landscape Materials/Supp Park Maintenance 247065 1,465 STAR Dues&Subscriptions Facilities Staff 247618 1,462 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 1014268 1,449 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical CmtyCtr Pool Upgrade/Expansion 247061 1,449 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 247083 1,435 ARVIG Fiber Lease Payments IT Operating 247233 1,431 CLIMB THEATRE Instructor Service Safety Camp 1014430 1,430 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering 1014356 1,426 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1014318 1,413 MINNESOTA ATHLETIC APPAREL Clothing&Uniforms Fire 247021 1,387 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 247080 1,386 ACROSS THE STREET PRODUCTIONS Tuition Reimb-College Tuition Fire 247429 1,371 HENNEPIN COUNTY TREASURER Other Contracted Services Sewer Capital 247430 1,371 HENNEPIN COUNTY TREASURER Other Contracted Services Water Capital 1014291 1,365 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1014299 1,365 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 247462 1,358 MIDWEST BLINDS Supplies-General Bldg Fitness/Conference-Cmty Ctr 1014308 1,350 ESS BROTHERS&SONS INC Repair&Maint.Supplies Storm Drainage 1014348 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 247232 1,332 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1014418 1,310 VAN PAPER COMPANY Cleaning Supplies City Center Operations 247486 1,304 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 247003 1,300 INNOVATIVE UNDERGROUND INC. Repair&Maint.Supplies Miller Park 247273 1,300 JONES,REBECCA Other Contracted Services Storm Drainage 1014270 1,295 RIVERS EDGE CONCRETE Building Materials Capital Impr/Maint Fixed 1014326 1,295 RIVERS EDGE CONCRETE Building Materials Capital Impr/Maint Fixed 247066 1,293 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 247463 1,290 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie Village Liquor Store 1014502 1,288 POMP'S TIRE SERVICE INC Tires Fleet Operating 247291 1,285 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Drainage 246976 1,281 BRYAN ROCK PRODUCTS INC Gravel Sewer System Maintenance 1014481 1,274 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 247206 1,268 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. City Hall-CAM 247025 1,263 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 247584 1,250 MCCANN,SHAWN DANIEL Other Contracted Services July 4th Celebration 247102 1,243 COSTCO Operating Supplies Organizational Services 247149 1,240 MEDICINE LAKE TOURS Special Event Fees Trips 1014296 1,237 ANCHOR PAPER COMPANY Office Supplies Customer Service 247565 1,236 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water Metering 247046 1,227 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Hall-CAM 247017 1,220 MCELLIGOTT ADVERTISING INC Miscellaneous Recreation Admin 247619 1,207 SPIRIT APPAREL AND STUFF Clothing&Uniforms Pool Operations 247525 1,200 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 1014246 1,200 LOWERY,THOMAS Tuition Reimbursement/School Organizational Services 247581 1,185 MARCO INC Telephone Fire 1014305 1,184 DAIKIN APPLIED Contract Svcs-Fire/Life/Sfty City Hall-CAM 246995 1,176 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 1014509 1,169 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 247266 1,165 HOTSY MINNESOTA Equipment Repair&Maint Fleet Operating 247324 1,159 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 247105 1,140 DAVE'S FLOOR SANDING&INSTALLING INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 247530 1,135 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 247002 1,135 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 247464 1,131 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 1014311 1,128 GRAINGER Repair&Maint.Supplies Fleet Operating 247556 1,125 ERGOMETRICS Other Contracted Services Organizational Services 1014284 1,124 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair&Maint Water Treatment Plant Check# Amount Supplier/Explanation Account Description Business Unit Comment 247227 1,110 BROTHERS FIRE PROTECTION Contract Svcs-Plumbing Utility Operations-General 1014336 1,110 ADAMS PEST CONTROL INC Supplies-Pest Control City Hall-CAM 247320 1,108 SITEONE LANDSCAPE SUPPLY,LLC Building CmtyCtr Pool Upgrade/Expansion 247450 1,108 LANO EQUIPMENT INC Equipment Parts Fleet Operating 247255 1,100 FORSGREN,CINDY WADE Other Contracted Services Summer Theatre 247057 1,099 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Purgatory Creek Park 1014374 1,095 GRAFIX SHOPPE Autos Police 246975 1,084 BROCK WHITE COMPANY LLC Landscape Materials/Supp Capital Impr/Maint Fixed 1014264 1,079 GRANICUS INC Equipment Repair&Maint Cable PEG 1014491 1,079 GRANICUS INC Equipment Repair&Maint Cable PEG 1014460 1,077 BRAUN INTERTEC CORPORATION Building Aquatics&Fitness Expansion 247526 1,077 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 247433 1,075 HOPKINS SCHOOL DISTRICT ISD270 Fiber Lease Payments IT Operating 1014446 1,057 NUCO2 INC Supplies-Pool Pool Maintenance 247611 1,056 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 2006 247062 1,042 SPEEDPRO IMAGING INC Operating Supplies Ice Operations 247578 1,041 LANO EQUIPMENT INC Equipment Parts Fleet Operating 247247 1,038 DODGE OF BURNSVILLE Equipment Repair&Maint Fleet Operating 247063 1,037 SPIRIT APPAREL AND STUFF Clothing&Uniforms Volleyball 247184 1,032 SPOK,INC. Pager&Cell Phone IT Operating 246957 1,025 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 247445 1,024 KJOLHAUG ENVIRONMENTAL SERVICES Other Contracted Services Capital Impr/Maint Fixed 1014480 1,008 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 246964 1,000 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 247090 1,000 BECKER ARENA PRODUCTS INC Contract Svcs-Ice Rink Ice Arena Maintenance 247215 975 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 247547 975 COMPAS Other Contracted Services Staring Lake Concert 247493 972 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 1014496 968 MENARDS Small Tools Fitness/Conference-Cmty Ctr 247169 965 POLLARD WATER Small Tools Water Metering 246989 964 FIRE SAFETY USA INC Equipment Repair&Maint Emergency Preparedness 247280 960 METERING&TECHNOLOGY SOLUTIONS Repair&Maint.Supplies Water Metering 1014490 954 GRAINGER Repair&Maint.Supplies Water Treatment Plant 247475 952 PLASTIC BAG MART Liquor Product Received Prairie Village Liquor Store 247519 950 ACCELERATED TECHNOLOGIES LLC Operating Supplies Ice Operations 247124 949 HD SUPPLY WATERWORKS LTD Equipment Parts Purgatory Creek Park 247183 942 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 247597 940 ORGANIX SOLUTIONS Waste Disposal City Center Operations 247382 925 BARTLEY SALES COMPANY INC Contract Svcs-Gen.Bldg City Center Operations 247251 920 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Storm Drainage 247435 920 IFMA Conference/Training Facilities Staff 247033 920 NORTHSTAR LACROSSE CO Clothing&Uniforms Fire 247243 912 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 1014243 912 HACH COMPANY Laboratory Chemicals Water Treatment Plant 1014362 910 A-SCAPE INC Building Repair&Maint. Water Treatment Plant 247029 908 MIRACLE RECREATION EQUIPMENT CO Equipment Repair&Maint Park Maintenance 247180 908 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 247279 900 MCINTYRE,ROBIN Other Contracted Services Summer Theatre 246979 898 CENTURYLINK Telephone IT Operating 1014441 896 MENARDS Cleaning Supplies Capital Impr/Maint Fixed 247168 888 PITNEY BOWES Postage Customer Service 247047 871 READY WATT ELECTRIC Equipment Repair&Maint Emergency Preparedness 247152 867 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Den Road Liquor Store 247016 846 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 247254 832 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 1014233 821 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 1014293 803 YOUNGSTEDTS COLLISION CENTER Autos Police Check# Amount Supplier/Explanation Account Description Business Unit Comment 247416 800 ERGOMETRICS Other Contracted Services Organizational Services 247447 800 KRAFT TREE SERVICE INC Other Contracted Services Tree Removal 247198 799 WELSH COMPANIES Contract Svcs-Gen.Bldg City Center Operations 247428 790 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 247039 787 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 1014477 785 AMERICAN TIME&SIGNAL CO Supplies-General Building City Center Operations 247295 782 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance 247036 780 ONSITE MEDICAL SERVICE INC Employment Support Test Organizational Services 247571 776 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 246954 774 3D SPECIALTIES Supplies-Asphalt/Concrete City Hall-CAM 247314 770 ROBBINSDALE,CITY OF Tuition Reimbursement/School Police 1014486 770 ECM PUBLISHERS INC Advertising Prairie Village Liquor Store 247527 767 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie Village Liquor Store 1014295 761 AMERITRAK Capital Under$25,000 Snow&Ice Control 1014405 756 BOUNDLESS NETWORK Operating Supplies Pool Operations 1014504 755 RENDERS INC Chemicals Miller Park 247163 755 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 247125 751 HEALTHPARTNERS Health&Fitness Fire 247209 728 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 1014260 724 CENTERPOINT ENERGY Gas Sewer Liftstation 1014237 723 BOUNDLESS NETWORK Clothing&Uniforms Facilities Staff 1014402 716 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Park Shelters 1014255 714 VINOCOPIA Liquor Product Received Prairie View Liquor Store 247031 700 NAC Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 247071 700 WARNING LITES Other Rentals Recycle Rebate 247250 699 EHLERS&ASSOCIATES INC Other Contracted Services TIF-LINCOLN PARC APTS 247267 686 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 247345 686 PETTY CASH Mileage&Parking Playgrounds 247392 684 BRICKS 4 KIDZ Instructor Service Lesson Skills Development 1014474 684 VINOCOPIA Liquor Product Received Den Road Liquor Store 1014464 679 HIRSHFIELD'S Repair&Maint.Supplies Park Maintenance 247116 679 FORTERRA PIPE& PRECAST Equipment Parts Storm Drainage 247072 677 WATSON FURNITURE GROUP Equipment Repair&Maint E-911 Program 1014281 677 BOUNDLESS NETWORK Operating Supplies Community Center Admin 1014455 677 WATSON CO INC,THE Merchandise for Resale Concessions 1014400 666 XCEL ENERGY Electric Traffic Signals 247079 664 ACCELERATED TECHNOLOGIES LLC Capital Under$25,000 Fitness Classes 247517 658 ABRA AUTO BODY&GLASS Equipment Repair&Maint Fleet Operating 1014462 654 FASTENAL COMPANY Equipment Parts Park Maintenance 247487 651 SPIRIT APPAREL AND STUFF Clothing&Uniforms Teen Programs 247488 645 SPLATTER SISTERS,THE Other Contracted Services Staring Lake Concert 1014505 641 STREICHERS Clothing&Uniforms Police 247386 640 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 247000 640 HOME DEPOT CREDIT SERVICES Building Repair&Maint. Historical Buildings 1014393 636 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 247098 636 CENTURYLINK Other Broadband Internet Sewer Liftstation 247339 630 VETERAN SHREDDING Other Contracted Services Recycle Rebate 247216 626 BCA Employment Support Test Fire 1014317 623 MENARDS Operating Supplies Park Maintenance 1014489 609 FILTRATION SYSTEMS Supplies-HVAC Fitness/Conference-Cmty Ctr 247427 608 HENNEPIN COUNTY FT DEPT Equipment Repair&Maint Public Safety Communications 247147 608 MARCO INC Equipment Repair&Maint IT Telephone 247438 600 J H LARSON COMPANY Supplies-Plumbing Staring Lake 247214 600 BAKER Other Contracted Services Economic Development Fund 247377 600 AMAZING ATHLETES OF SOUTHWEST METRO Instructor Service Preschool Events 247559 600 FOUNDATION BUSINESS SYSTEMS,LLC Other Contracted Services IT Operating 247548 597 CONSTRUCTION MATERIALS INC Small Tools Capital Outlay Parks Check# Amount Supplier/Explanation Account Description Business Unit Comment 247019 596 MEADOW GREEN LAWNS INC Other Contracted Services Storm Drainage 1014316 585 KIDCREATE STUDIO Instructor Service Preschool Events 1014438 585 KIDCREATE STUDIO Instructor Service Arts Center 1014379 582 KIDCREATE STUDIO Instructor Service Arts Center 247633 572 WAYTEK INC Operating Supplies Park Maintenance 247558 570 FORSGREN,CINDY WADE Operating Supplies Summer Theatre 247088 568 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie View Liquor Store 1014365 565 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 247220 565 BLOOMINGTON,CITY OF Kennel Services Animal Control 247179 563 SITEONE LANDSCAPE SUPPLY,LLC Landscape Materials/Supp Park Maintenance 247495 562 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 247383 560 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 247042 560 PINE PRODUCTS INC Landscape Materials/Supp Street Maintenance 247335 560 URBAN LAND INSTITUTE Dues&Subscriptions Community Development Admin. 247070 559 VERIZON WIRELESS Telephone Park Maintenance 247188 558 STAPLES ADVANTAGE Office Supplies Customer Service 247058 556 SMALL LOT MN Liquor Product Received Den Road Liquor Store 1014301 553 CDW GOVERNMENT INC. Computers-Monitors IT Operating 247262 550 HENNEPIN COUNTY VT DEPT Software Maintenance IT Operating 247329 550 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1014469 549 PROSOURCE SUPPLY Cleaning Supplies Facilities Staff 247095 543 BROTHERS FIRE PROTECTION Building Repair&Maint. Utility Operations-General 1014289 543 THE OASIS GROUP Employee Assistance Organizational Services 1014417 543 THE OASIS GROUP Employee Assistance Organizational Services 1014339 542 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 247120 541 GERTENS Building CmtyCtr Pool Upgrade/Expansion 247170 540 PRAIRIE RESTORATIONS INC Other Contracted Services Park Maintenance 247030 537 MSC INDUSTRIAL SUPPLY CO INC Small Tools Fleet Operating 247013 533 LUBE-TECH ESI Lubricants&Additives Fleet Operating 1014258 530 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 247540 530 CENTURYLINK Telephone IT Operating 1014307 525 DMX MUSIC Other Contracted Services Facilities Capital 247296 524 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 1014266 521 MENARDS Repair&Maint.Supplies Water Treatment Plant 1014471 518 R&R SPECIALTIES OF WISCONSIN INC Contract Svcs-Ice Rink Ice Arena Maintenance 247515 516 M-R SIGN CO INC Signs Traffic Signs 247503 514 UNIVERSAL ATHLETIC SERVICES INC Awards Basketball 1014497 510 MOTOROLA Other Assets Public Safety Communications 247107 510 EDEN PRAIRIE COMMUNITY EDUCATION Building Rental Summer Theatre 247151 500 METRO CHIEF FIRE OFFICERS ASSOCIATION Dues&Subscriptions Fire 247242 500 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery 247286 500 MN DEPARTMENT OF NATURAL RESOURCES Other Rentals Park Maintenance 247373 500 3RD LAIR Other Contracted Services July 4th Celebration 247414 500 ELVEE GEOFF Other Contracted Services Staring Lake Concert 247577 500 KESELEY ROBERT Other Contracted Services Staring Lake Concert 247616 500 SOUTH METRO CONCRETE PUMPING INC Repair&Maint.Supplies Storm Drainage 247638 500 WRIGHT,JOHN Other Contracted Services Staring Lake Concert 247133 497 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 247550 495 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 1014364 493 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 1014386 491 NUCO2 INC Supplies-Pool Pool Maintenance 247278 486 LINDSTROM CLEANING&CONSTRUCTION INC Other Contracted Services Police 1014267 482 METRO SALES INCORPORATED* Equipment Rentals IT Operating 247302 481 PITNEY BOWES Postage Customer Service 247068 480 TRUE FABRICATIONS Liquor Product Received Den Road Liquor Store 246969 478 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 1014494 477 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comment 1014283 471 FASTENAL COMPANY Safety Supplies Purgatory Creek Park 247303 470 PLASTIC BAG MART Liquor Product Received Den Road Liquor Store 247576 465 KEEPRS INC. Clothing&Uniforms Animal Control 1014361 463 AMERITRAK Other Contracted Services Snow&Ice Control 1014263 461 GRAINGER Repair&Maint.Supplies Water Treatment Plant 246991 460 GLASS&MIRROR OUTLET INC Contract Svcs-Gen.Bldg City Center Operations 1014383 459 MINNEAPOLIS AIRPORT COMMISSION Other Rentals Park Maintenance 247384 456 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie Village Liquor Store 247142 451 LAHR CAROL Deposits-P&R Refunds Community Center Admin 247282 450 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions 247172 450 PROBALL KATIE Other Contracted Services Winter Theatre 247309 450 PROBALL KATIE Other Contracted Services Winter Theatre 247497 450 TEDDY BEAR BAND Other Contracted Services Staring Lake Concert 1014276 450 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 1014248 446 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 1014444 444 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 247092 437 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 247537 434 CARPENTRY AND CABINET SOLUTIONS LLC Building Permits General Fund 247005 433 J H LARSON COMPANY Repair&Maint.Supplies Miller Park 247579 432 MALONE,TOM Instructor Service Preschool Events 247256 430 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Bldg Fitness/Conference-Cmty Ctr 247316 425 SCOTT COUNTY TREASURER Other Rentals Police 247553 424 E A SWEEN COMPANY Merchandise for Resale Concessions 247483 422 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Prairie Bluff Conservation 246988 420 FINLEY BROS INC Building Materials Park Maintenance 247609 420 ROOT 0 MATIC Building Repair&Maint. Utility Operations-General 1014426 418 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 247630 414 WARNING LITES Signs Traffic Signs 247541 409 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 1014498 408 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1014309 408 FACTORY MOTOR PARTS COMPANY Lubricants&Additives Fleet Operating 247336 407 VAISALA Other Contracted Services Snow&Ice Control 247067 406 THIESE JERRY Refunds Storm Drainage 247257 405 GERTENS Operating Supplies Park Maintenance 247192 402 TITAN MACHINERY Equipment Parts Fleet Operating 247007 400 JILL SAND CONSULTING Other Contracted Services Organizational Services 247454 400 LINDAHL,DAVID Other Contracted Services Staring Lake Concert 247598 400 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 247191 399 TECH DUMP Waste Disposal Fleet Operating 247589 399 MINNESOTA STATE FIRE CHIEFS ASSN Dues&Subscriptions Fire 247035 399 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Fleet Operating 1014467 392 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 247054 392 ROTO ROOTER SERVICES COMPANY Contract Svcs-Plumbing Senior Center 247535 391 BROCK WHITE COMPANY LLC Operating Supplies Street Maintenance 247231 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 247109 387 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 1014331 382 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 1014287 381 QUALITY PROPANE Motor Fuels Fleet Operating 1014472 380 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 247397 379 CENTURYLINK Telephone IT Telephone 247629 378 VERIZON WIRELESS Telephone Park Maintenance 247091 377 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 247554 370 EDEN PRAIRIE COMMUNITY EDUCATION Building Rental Community Band 1014342 368 FASTENAL COMPANY Operating Supplies Sewer Liftstation 1014461 368 COMEANS,MICHAEL Travel Expense Water Treatment Plant 1014456 363 WESTWOOD PROFESSIONAL SERVICES INC Design&Engineering Improvement Projects 2006 1014353 358 STONEBROOKE Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comment 1014375 353 GRAINGER Repair&Maint.Supplies Park Maintenance 247583 353 MASTER CRAFT LABELS INC Operating Supplies Fire 247518 347 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. City Hall-CAM 1014241 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 247480 345 RETROFIT COMPANIES,INC,THE Supplies-Electrical Facilities Staff 1014328 345 STREICHERS Clothing&Uniforms Police 247352 342 DAHL WAYNE AR Utility Water Enterprise Fund 247064 338 STAPLES ADVANTAGE Office Supplies Customer Service 247164 335 PAPCO INC Cleaning Supplies Pool Maintenance 1014288 334 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 1014274 330 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 247171 320 PRINT SOURCE MINNESOTA Printing Prairie Village Liquor Store 247176 320 ROOT 0 MATIC Equipment Repair&Maint Sewer System Maintenance 1014382 319 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1014324 318 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Park Shelters 1014378 316 JEFFERSON FIRE&SAFETY INC Operating Supplies-Station sup Fire 247202 315 SCOTT COUNTY SHERIFFS OFFICE Deposits Escrow 1014313 312 HD SUPPLY FACILITIES MAINTENANCE Supplies-Plumbing City Center Operations 1014395 310 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 1014403 308 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 247534 304 BRICKS 4 KIDZ Instructor Service Lesson Skills Development 247317 303 SIGNSOURCE Contract Svcs-Gen.Bldg City Center Operations 247122 299 GREEN MEADOWS INC Other Contracted Services Park Maintenance 246978 299 CALIFORNIA CONTRACTORS SUPPLIES INC Repair&Maint.Supplies Sewer System Maintenance 1014484 297 CENTERPOINT ENERGY Gas Sewer Liftstation 247489 296 STAPLES ADVANTAGE Office Supplies Police 1014315 296 IDEAL SERVICE INC Equipment Repair&Maint Water Wells 1014415 295 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 247277 295 LEIFELD FRAMING Operating Supplies Police 1014508 294 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 247453 293 LIFE SUPPORT INNOVATIONS EMS Supplies-AED Fire 247378 292 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 247121 291 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 247200 289 WORKS COMPUTING INC Hardware-Rpr&Mtc IT Operating 1014416 288 SLETTEN,DAN Conference/Training IT Operating 247639 288 Z WINES USA LLC Liquor Product Received Den Road Liquor Store 1014257 288 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage 1014431 287 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 247385 285 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police 1014479 285 ASPEN EQUIPMENT CO. Autos Fleet Operating 246972 285 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 247321 283 SNAP-ON TOOLS Small Tools Fleet Operating 247196 282 VEOLIA Waste Disposal Fleet Operating 247356 280 HB2,LLC AR Utility Water Enterprise Fund 1014303 280 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 247101 280 COMCAST Other Broadband Internet IT Operating 247590 278 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 247027 278 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 247108 277 EDEN PRAIRIE FOOD SERVICES Miscellaneous Records Management 247217 275 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police 247499 275 TPCB INC Licenses&Taxes Engineering 246987 273 EXECUTIVE OCEAN Awards City Council 247631 273 WATER CONSERVATION SERVICES INC Other Contracted Services Water System Maintenance 247114 270 FIRE SAFETY USA INC Equipment Repair&Maint Fire 1014320 269 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 247523 268 ASPEN MILLS Clothing&Uniforms Fire 247478 267 PROP-DO NOT USE United Way Withheld Health and Benefits Check# Amount Supplier/Explanation Account Description Business Unit Comment 1014238 265 CLAREY'S SAFETY EQUIPMENT Office Supplies Fleet Operating 1014277 262 XCEL ENERGY Electric Forest Hills Park 247466 262 MPCA Waste Disposal Fleet Operating 1014252 259 STONEBROOKE Equipment Parts Fleet Operating 1014445 259 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 247161 258 OLSEN CHAIN&CABLE Equipment Repair&Maint Fire 246955 257 AAA LAMBERTS LANDSCAPE PRODUCTS INC Landscape Materials/Supp Water System Maintenance 1014269 254 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 247621 253 STAPLES ADVANTAGE Office Supplies Customer Service 247138 250 KAISER,DAVID S Safety Supplies Pool Operations 247467 250 MPELRA Conference/Training Human Resources 247582 250 MARSHALL,ADAM DOUGLAS Other Contracted Services Staring Lake Concert 247197 248 VERIZON WIRELESS Telephone Park Maintenance 247615 246 SMALL LOT MN Liquor Product Received Den Road Liquor Store 247585 245 MCINTYRE,ROBIN Operating Supplies Summer Theatre 247593 242 NELSON BROOKE Operating Supplies Summer Theatre 247441 238 JOHNSON,PHILLIP Clothing&Uniforms Police 247081 237 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 247561 237 GARY CARLSON EQUIPMENT Repair&Maint.Supplies Storm Drainage 247403 236 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld Health and Benefits 247010 235 KAISER,DAVID S Equipment Repair&Maint Fitness Center 1014439 234 KUSTOM SIGNALS INC Equipment Repair&Maint Police 246984 232 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Housing and Community Service 247348 229 CASKEY KEVIN AR Utility Water Enterprise Fund 246993 229 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 247514 228 PETTY CASH Operating Supplies Senior Center Programs 246990 228 GERTENS Landscape Materials/Supp Community Center 247222 227 BOYER FORD TRUCKS Equipment Parts Fleet Operating 247205 225 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 247310 220 PROFESSIONAL FOOD SERVICE Miscellaneous Internal Events 246953 218 M-R SIGN CO INC Signs Traffic Signs 1014352 218 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 246977 217 CALATAYUD PAUL&ANN Refunds Environmental Education 247203 215 US POSTMASTER-HOPKINS Postage Customer Service 247201 213 Z WINES USA LLC Liquor Product Received Prairie View Liquor Store 247150 213 MEREDITH,EILEEN Other Contracted Services Rehab 247126 208 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 1014381 200 MENARDS Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 247056 200 SIMACEK,JOHN R Special Event Fees Senior Board 247398 200 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 247442 200 JONES,CAROLYN Refunds Environmental Education 247498 200 T-MOBILE USA Other Contracted Services Police 1014384 198 MN SUPPLY Equipment Repair&Maint Fleet Operating 247106 197 DIRECTV Cable TV Community Center Admin 247193 197 UNIFORMS UNLIMITED Clothing&Uniforms Police 247069 197 UNIFORMS UNLIMITED Operating Supplies Police 247563 197 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 247229 196 C.M.ARCHITECTURE P.A. Reimbursement Escrow 247587 196 MINNESOTA CITY/COUNTY MANAGEMENT ASSOCIA Dues&Subscriptions Administration 247418 196 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 247407 195 CUROE PETER Refunds Environmental Education 1014337 188 BATTERIES PLUS Supplies-General Bldg Park Shelters 1014500 186 NUCO2 INC Supplies-Pool Pool Maintenance 1014389 186 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Police City Center 247241 186 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 1014322 185 OENO'S DISTRIBUTION Liquor Product Received Den Road Liquor Store 246981 184 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comment 246966 184 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie View Liquor Store 1014488 182 FERRELLGAS Gas Riley Lake 1014343 182 FICCADENTI,JENNY Canine Supplies Police 247219 182 BERTELSON BRADY Deposits Escrow 247117 181 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 247569 181 HOTSY MINNESOTA Equipment Repair&Maint Fleet Operating 247305 180 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1014427 177 BOYER TRUCKS Equipment Parts Fleet Operating 1014265 177 JEFFERSON FIRE&SAFETY INC Protective Clothing-Boots Fire 1014436 176 JANEX INC Janitor Service City Hall-CAM 247110 175 ENSTAD,TERRANCE Office Supplies Fire 247259 173 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 1014341 172 CUSTOM HOSE TECH Equipment Parts Fleet Operating 247073 171 WILSONS NURSERY INC Repair&Maint.Supplies Sewer Liftstation 247568 170 HOME DEPOT CREDIT SERVICES Supplies-Plumbing Fitness/Conference-Cmty Ctr 246986 166 ENKI BREWING COMPANY INC Liquor Product Received Prairie View Liquor Store 1014253 166 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Utility Operations-General 1014338 164 BERRY COFFEE COMPANY Merchandise for Resale Concessions 247194 163 UNIVERSITY OF MINNESOTA,VMC Canine Supplies Police 247204 160 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1014350 159 PERRY NICHOLAS L Mileage&Parking Tree Disease 1014380 158 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 247044 156 PRAHA DISTRIBUTING Liquor Product Received Prairie View Liquor Store 247238 155 COMCAST Equipment Repair&Maint E-911 Program 1014314 155 HORIZON COMMERCIAL POOL SUPPLY Chemicals Round Lake 246958 155 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 247521 155 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 247444 155 KEEPRS INC. Clothing&Uniforms Reserves 1014249 154 PERRY NICHOLAS L Mileage&Parking Park Maintenance 247531 154 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 247412 152 E A SWEEN COMPANY Merchandise for Resale Concessions 1014421 151 WHITE,BECKI Operating Supplies Safety Camp 1014235 150 BECKER,DAVE Operating Supplies Police 246962 150 AUTISM SOCIETY OF MINESOTA Other Contracted Services Therapeutic Rec Admin 247084 150 ASPEN MILLS Clothing&Uniforms Fire 247143 150 LAMBERT MARY Other Contracted Services Staring Lake Concert 247158 150 NEWELL LUCIA Other Contracted Services Staring Lake Concert 247178 150 SHINGOBEE Reimbursement Escrow 247311 150 RECYCLING ASSOCIATION OF MINNESOTA Dues&Subscriptions Recycle Rebate 1014396 150 USA SECURITY Maintenance Contracts Water Treatment Plant 247139 149 KEEPRS INC. Clothing&Uniforms Police 247290 149 NORTH CENTRAL REFORESTATION INC Landscape Materials/Supp Reforestation 247075 146 COMCAST Equipment Repair&Maint E-911 Program 1014321 146 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 247059 145 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Tuition Reimbursement/School Police 247226 144 BRIN NORTHWESTERN GLASS COMPANY Contract Svcs-Gen.Bldg City Center Operations 1014247 142 MPX GROUP,THE Printing Police 1014251 140 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 1014466 139 LUNDBERG,RONALD Mileage&Parking Water Treatment Plant 1014434 138 GRAINGER Repair&Maint.Supplies Water Treatment Plant 1014279 138 BERRY COFFEE COMPANY Merchandise for Resale Concessions 247607 135 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 247351 134 CRAVEN MICHAEL AR Utility Water Enterprise Fund 247289 132 NORDICK GROUP INC Reimbursement-legal notices Escrow 247360 132 KINZER CALEB AR Utility Water Enterprise Fund 247034 132 OLSEN CHAIN&CABLE Repair&Maint.Supplies Storm Drainage 1014390 130 PREMIUM WATERS INC Operating Supplies-Water Fire Check# Amount Supplier/Explanation Account Description Business Unit Comment 247153 130 MINNESOTA CITY/COUNTY MANAGEMENT ASSOCIA Dues&Subscriptions Human Resources 246980 130 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 247230 126 CAMPBELL KNUTSON,P.A. Legal WAFTA 247240 125 CONSTRUCTION MATERIALS INC Asphalt Overlay Street Maintenance 247599 125 Pallansch Emily Tuition Reimbursement/School Fitness Classes 1014404 125 BICKLER,JILL Tuition Reimbursement/School Fitness Classes 1014459 125 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr 246983 125 E A SWEEN COMPANY Merchandise for Resale Concessions 246967 124 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 1014294 122 A TO Z RENTAL CENTER Repair&Maint.Supplies Storm Drainage 247612 122 SHRED RIGHT Waste Disposal City Center Operations 247173 121 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 1014406 121 CARLON,JOHN Mileage&Parking Utility Operations-General 1014319 120 MN SUPPLY Equipment Repair&Maint Fleet Operating 247595 120 OFFICE OF THE SECRETARY OF STATE Licenses&Taxes Police 1014244 120 HESSEL,ZACK Clothing&Uniforms Police 247505 120 WARNING LITES Operating Supplies Traffic Signals 247160 119 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating 247408 119 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Operating 1014470 118 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1014408 118 FASTENAL COMPANY Equipment Parts Fleet Operating 247312 118 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 1014346 117 KUCERA MATT Clothing&Uniforms Police 1014499 114 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 247331 113 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 1014250 111 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1014385 110 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 5800 109 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 247037 108 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 247381 106 ASPEN MILLS Clothing&Uniforms Fire 247212 105 AT&T MOBILITY Pager&Cell Phone Park Maintenance 247078 105 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 247355 104 GAGNE DAVID AR Utility Water Enterprise Fund 247401 104 COMCAST Cable TV Fire 1014355 103 VERLEY,VALERIE Mileage&Parking Community Center Admin 247263 102 HENNEPIN COUNTY RESIDENT&REAL ESTATE Other Contracted Services Engineering 247347 101 CARR JOHN AR Utility Water Enterprise Fund 247275 101 KEEPRS INC. Clothing&Uniforms Fire 246959 100 APPELDOOM KENT Other Contracted Services Senior Center Programs 246968 100 BERG,JOSEPH Refunds Environmental Education 246970 100 BESTLER,ADAM Other Contracted Services Staring Lake Concert 247038 100 PAGEL,PAUL Other Contracted Services Staring Lake Concert 247049 100 RICHTER,BRIAN E. Other Contracted Services Staring Lake Concert 247051 100 RIPPE PRINT COMMUNICATIONS Other Contracted Services Staring Lake Concert 247118 100 GAYTHER,MAARIE Refunds Environmental Education 247284 100 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses,Permits,Taxes Fitness/Conference-Cmty Ctr 247354 100 DURBIN ROMAN AR Utility Water Enterprise Fund 247394 100 CELT PAT Refunds Environmental Education 247411 100 DREESEN JAMES Refunds Environmental Education 247492 100 STOECKER MARY Refunds Environmental Education 247504 100 WARGIN DALE Refunds Environmental Education 247507 100 WEDLUND JIM Refunds Environmental Education 247511 100 YAHNA,JOSEPH Refunds Environmental Education 247575 100 NHL TREVOR Refunds Environmental Education 5821 100 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 247087 99 BASELINE INC Other Contracted Services Park Maintenance 247421 98 GILBERT,GORDON Refunds Environmental Education Check# Amount Supplier/Explanation Account Description Business Unit Comment 1014437 98 JEFFERSON FIRE&SAFETY INC Operating Supplies-Station sup Fire 1014463 97 GOLDAMER,DANA Mileage&Parking Community Center Admin 246965 96 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 247434 94 HOUCK CLAUDIA Refunds Environmental Education 247144 91 LUBE-TECH ESI Equipment Parts Fleet Operating 247600 91 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 247362 90 LIEN ALEEN AR Utility Water Enterprise Fund 247471 90 OLSEN CHAIN&CABLE Repair&Maint.Supplies Sewer System Maintenance 247112 90 FENN,CLAUDIA Deposits-P&R Refunds Community Center Admin 247424 90 HAGEN ERIC Refunds Environmental Education 247594 90 OFFICE OF MN IT SERVICES Other Contracted Services Police 247323 89 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 247455 89 LIVAK,DAN Refunds Environmental Education 1014344 89 GEHRING CRYSTAL Mileage&Parking Park Maintenance 247141 89 KOEHLER SCOTT Deposits-P&R Refunds Community Center Admin 247473 88 PETSMART Canine Supplies Police 1014399 87 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 247294 87 ORIENTAL TRADING COMPANY INC Training Supplies Pool Operations 247293 87 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Park Maintenance 247246 85 DOBBS NATHAN Deposits-P&R Refunds Community Center Admin 246997 83 HENNEPIN COUNTY MEDICAL CENTER EMS Supplies-EMS Supplies Fire 247128 83 HENNEPIN COUNTY MEDICAL CENTER EMS Supplies-EMS Supplies Fire 1014278 82 ZIEGLER INC Equipment Parts Fleet Operating 247449 81 KURT,KAREN Deferred Revenue Housing Inspections 247604 81 PRAIRIE LAWN AND GARDEN Equipment Parts Street Maintenance 247187 80 STAHL,PAT Deposits Community Center Admin 247476 80 PRECISION HEATING&COOLING Mechanical Surcharge General Fund 247213 79 AVIAN ACRES Operating Supplies Outdoor Center 247364 78 MCDOWELL RANDAL AR Utility Water Enterprise Fund 247502 78 UNITED WAY United Way Withheld Health and Benefits 1014280 77 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 247146 77 M R SIGN Operating Supplies Community Center Admin 247404 76 CONSTRUCTION MATERIALS INC Small Tools Street Maintenance 247371 75 ZAHN CHERYL AR Utility Water Enterprise Fund 247387 75 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Park Maintenance 247628 75 USTA-NORTHERN SECTION Conference/Training Tennis 247055 75 SHRED RIGHT Waste Disposal City Center Operations 1014245 75 LINDAHL,DAVID Mileage&Parking Economic Development 247389 75 BRANVOLD ADAM Refunds Environmental Education 247127 74 HENNEPIN COUNTY ATTORNEY'S OFFICE Other Revenue Legal Criminal Prosecution 246998 74 HESDORFFER BOYD Operating Supplies Reserves 247431 73 HENNEPIN COUNTY TREASURER Reimbursement-labels Planning 247516 72 AAA LAMBERTS LANDSCAPE PRODUCTS INC Landscape Materials/Supp Storm Drainage 1014394 72 UPS Other Revenue Historical Culture 1014327 72 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General 247270 71 J H LARSON COMPANY Supplies-Electrical Staring Lake 247610 70 ROUSU WYATT Tuition Reimb-College Tuition Fire 1014285 68 MILLENDER LARRY Mileage&Parking Aquatics Admin. 1014468 67 MPX GROUP,THE Printing Police 1014306 67 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering 1014351 67 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 247346 66 BOTHOF,ARVIN AR Utility Water Enterprise Fund 247368 66 SCHMIDT NICOLE AR Utility Water Enterprise Fund 247287 65 MONTAGE ENTERPRISES INC Equipment Parts Fleet Operating 247367 65 RUDY,LLOYD AR Utility Water Enterprise Fund 247374 64 440400-NCPERS MINNESOTA PERA Health and Benefits 247349 63 CLANCY,DEBORAH AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comment 1014369 62 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 247484 62 SOK MELANIE Deposits-P&R Refunds Community Center Admin 247045 60 PRAIRIE KITCHEN Merchandise for Resale Concessions 247089 60 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police 1014411 60 NEWTON,J.RANDALL Conference/Training Engineering 247162 59 OLSON DELA Deposits-P&R Refunds Community Center Admin 247591 57 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Operating 247245 57 DIEDRICK,GAIL Deposits-P&R Refunds Community Center Admin 247402 56 COMCAST Cable TV Fire 247358 55 HENRY WILLIAM AR Utility Water Enterprise Fund 1014483 55 CDW GOVERNMENT INC. Hardware-Other IT Operating 1014413 55 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 247134 54 INDELCO PLASTICS CORP Repair&Maint.Supplies Round Lake 247572 54 JCB PRODUCTS Operating Supplies Fitness Classes 247613 54 SIEN ROBERTA Deposits-P&R Refunds Community Center Admin 247415 54 EPIC EVENT RENTAL Operating Supplies Wine Club/Events 247409 53 DIRECTV Other Contracted Services Police 247400 53 COMCAST Equipment Repair&Maint Public Safety Communications 247509 52 WINSUPPLY EDEN PRAIRIE MN CO Repair&Maint.Supplies Staring Lake 1014373 52 GINA MARIAS INC Operating Supplies Police 1014282 52 CARLSTON,BRANDON Clothing&Uniforms Police 1014239 51 FASTENAL COMPANY Operating Supplies Traffic Signs 1014407 51 DAVIS,HEATHER Mileage&Parking Playgrounds 247135 51 JCB PRODUCTS Operating Supplies Fitness Classes 1014330 51 UPS Postage Historical Culture 246971 50 BOCK&CLARK Application Fees General Fund 247014 50 MADHUIZEN PETER Refunds Environmental Education 247053 50 RODBERG,GERALD Refunds Environmental Education 247181 50 SORENSON GARY Refunds Environmental Education 247417 50 FLEAS JUVETTA Refunds Environmental Education 247423 50 GWIAZDON PHYLLIS Refunds Environmental Education 247448 50 KRIVOSIK PAVOL Refunds Environmental Education 247470 50 OJERDE PETER Refunds Environmental Education 247494 50 SUNDQUIST JEANNE Refunds Environmental Education 247570 50 HUTTLIN MARYBETH Refunds Environmental Education 1014465 50 LOFRANO,TAMMY Tuition Reimbursement/School Fitness Classes 247099 49 CLEAN N PRESS MTKA Clothing&Uniforms Police 247379 49 ANTHONY,ED&PAT Refunds Environmental Education 247388 49 BRAMWELL BEA Refunds Environmental Education 247425 49 HAWLESS RUTH Refunds Environmental Education 247452 49 LEISZ STUART Refunds Environmental Education 247456 49 LUNDGREN JOAN Refunds Environmental Education 247457 49 MAHER CAROL Refunds Environmental Education 247482 49 SCHROEDER,NORA Refunds Environmental Education 247491 49 STOCKDALE SHELDON Refunds Environmental Education 247506 49 WEBER MARCIA Refunds Environmental Education 1014409 49 GOODIN COMPANY Repair&Maint.Supplies Flying Cloud Fields 247366 49 MONNIER CHRISTOPHER AR Utility Water Enterprise Fund 1014412 48 PROSOURCE SUPPLY Waste Disposal City Center Operations 1014310 48 GINA MARIAS INC Clothing&Uniforms Reserves 247028 48 MINNESOTA WANNER COMPANY Equipment Parts Street Maintenance 247370 48 WINTERS ROBERT AR Utility Water Enterprise Fund 247332 48 TRUE FABRICATIONS Liquor Product Received Den Road Liquor Store 1014304 47 CONCRETE CUTTING&CORING INC Equipment Parts Fleet Operating 1014433 47 FERRELLGAS Gas Riley Lake 1014414 46 ROSE,ALECIA Travel Expense Human Resources 247186 45 SPRINT Other Contracted Services Police Check# Amount Supplier/Explanation Account Description Business Unit Comment 247376 45 ALATOMA CHRISTINE Refunds Environmental Education 247413 44 EDEN PRAIRIE FOUNDATION United Way Withheld Health and Benefits 247249 44 E A SWEEN COMPANY Merchandise for Resale Concessions 1014349 42 METROPOLITAN FORD Equipment Parts Fleet Operating 1014234 42 BATTERIES PLUS Supplies-General Bldg Prairie View Liquor Store 247603 42 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 247236 42 COMCAST Cable TV Fire 247306 42 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Sewer System Maintenance 247111 40 FALTINSON,JULILE Deposits Community Center Admin 247596 40 OLSEN CHAIN&CABLE Operating Supplies Park Maintenance 247372 40 ZIMMER CHRISTY AR Utility Water Enterprise Fund 1014240 39 GEHRING CRYSTAL Mileage&Parking Park Maintenance 247022 39 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 247048 39 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 247622 37 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 247018 35 MCFOA Dues&Subscriptions City Clerk 247283 35 MINNESOTA DEPARTMENT OF HEALTH Licenses,Permits,Taxes,Fees Concessions 247357 34 HED FAMILY LLC AR Utility Water Enterprise Fund 1014236 33 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 1014476 33 A TO Z RENTAL CENTER Operating Supplies Park Maintenance 247235 32 COMCAST Cable TV Fire 1014273 30 UPS Postage Escrow 247361 29 LANDRY CHARLES AR Utility Water Enterprise Fund 1014410 29 METROPOLITAN FORD Equipment Parts Fleet Operating 247103 28 CROWN MARKING INC Licenses&Taxes Police 247586 28 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 247211 27 ASPEN MILLS Clothing&Uniforms Police 247544 27 COMCAST Other Contracted Services Police 247465 27 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 247011 25 KEEPRS INC. Clothing&Uniforms Fire 247353 25 DOW TOM AR Utility Water Enterprise Fund 247006 25 JENKS JOANNE Refunds Environmental Education 247350 23 COLISTRA MELISSA AR Utility Water Enterprise Fund 247369 23 WEST HENNEPIN AFFORDABLE HOUSING AR Utility Water Enterprise Fund 247315 23 SCHAEPE,BARBARA Deposits-P&R Refunds Community Center Admin 247189 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 247327 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 247490 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 247077 20 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 247085 20 ASTBURY IAN R Deposits Community Center Admin 247166 20 PETROSKI,RENEE Deposits Community Center Admin 247177 20 Schmidt Rachel Deposits Community Center Admin 247190 20 STEEG DANIELLE Deposits-P&R Refunds Community Center Admin 247481 20 RODRIGUEZ ALFREDO Deposits Community Center Admin 247496 20 TASC Other Revenue Health and Benefits 247528 20 BCA Contract Svcs-General Bldg Police City Center 247406 19 CRAYNE,RYAN AR Utility Water Enterprise Fund 247234 18 COMCAST Cable TV Fire 247626 18 UNIFORMS UNLIMITED Clothing&Uniforms Police 247268 17 INDELCO PLASTICS CORP Repair&Maint.Supplies Park Maintenance 1014507 16 UPS Other Revenue Historical Culture 1014453 16 UPS Miscellaneous Historical Culture 247274 15 KATHMAN LEANN AR Utility Water Enterprise Fund 1014449 14 SPRINT Computers IT Operating 247365 14 MILO MICHAEL AR Utility Water Enterprise Fund 247252 14 FERREIRA FABIANA Deposits Escrow 247363 12 MAZZITELLI SHERRI AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comment 247326 11 STAPLES ADVANTAGE Office Supplies Customer Service 247359 10 HORNESS JOSEPH AR Utility Water Enterprise Fund 247285 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 247276 7 KIMBALL,PAUL Deposits-P&R Refunds Community Center Admin 247115 7 FISERV INC Bank and Service Charges Water Accounting 247545 5 COMCAST Cable TV Fire 247100 3 COMCAST Cable TV Fire 247237 2 COMCAST Other Contracted Services Police 6,921,180 Grand Total City of Eden Prairie Purchasing Card Payment Report 7/19/2016 Amount Explanation Vendor Account Description Business Unit 3,416 US-forensics software BLACK BAG Software IT Operating 2,158 US-RL COMMERCIAL RECREATION SPECIALI Capital Under$25,000 Round Lake Beach 1,993 US-Apr 2016 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 1,581 US-tools POLLARD WATER Small Tools Sewer System Maintenance 1,560 US-tennis SIGNATURE CONCEPTS INC. Clothing&Uniforms Tennis 1,293 US-boxing bags POWER SYSTEMS Capital Under$25,000 Fitness Classes 1,273 US-car antenna parts TESSCO INC Equipment Parts Fleet Operating 1,249 US-equipment WILSON SPORTING GOODS Operating Supplies Tennis 1,182 US-sr awareness ANNIE'S CAFE Special Event Fees Senior Center Programs 1,020 US-spring vball gym rental EDEN PRAIRIE SCHOOL Gym Rental Volleyball 988 US-sould system parts SWEETWATER MUSIC TECHNOLOGY DI Capital Under$25,000 Staring Lake Concert 729 US-program trip BOARDERS INN AND SUITES Program Trips Outdoor Center 708 US-bandanas CREATIVE INCENTIVES Retention Program Community Center Admin 685 US-LLMC conf HILTON HOTELS Travel Expense City Clerk 623 US-tools and generator NORTHERN TOOL&EQUIPMENT Small Tools Capital Outlay Parks 580 US-2015 CAFR Award GOVERNMENT FINANCE OFFICERS AS Awards Finance 576 US-supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Playgrounds 575 US-apa annual membership APA MINNESOTA Dues&Subscriptions Planning 575 US-equipment WILSON SPORTING GOODS Operating Supplies Tennis 553 US-tools for shop HOME DEPOT CREDIT SERVICES Small Tools Capital Outlay Parks 521 US-hockey vending supplies HOCKEYMONKEY.COM Operating Supplies Ice Operations 520 US-operating supplies COLORADO TIME SYSTEMS Operating Supplies Pool Operations 519 US-training supplies AMAZON.COM Training Supplies Pool Lessons 519 US-spring vball gym rental EDEN PRAIRIE SCHOOL Gym Rental Volleyball 500 US-subscription-real estate PRICE WATERHOUSE COOPER Dues&Subscriptions Assessing 497 US-fees SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes 446 US-spring vball gym rental EDEN PRAIRIE SCHOOL Gym Rental Volleyball 423 US-water plant landscaping BROOKSIDE GARDEN CENTER Repair&Maint.Supplies Utility Operations-General 423 US-water plant landscaping BROOKSIDE GARDEN CENTER Repair&Maint.Supplies Utility Operations-General 422 US-police gear LA POLICE GEAR Training Supplies Police 407 US-body bars/storage rack BODY BAR SYSTEMS,INC Capital Under$25,000 Fitness Classes 400 US-learning supplies INTERNATIONAL CODE COUNCIL Operating Supplies Inspections-Administration 386 US-supplies KNOX COMPANY Operating Supplies Fire 375 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 371 US-tools for new pickup MENARDS Small Tools Water System Maintenance 366 US-SWAT Basic MILIO'S SANDWICHES Training Supplies Police 366 US-office suplies AMAZON.COM Office Supplies Utility Operations-General 360 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 360 US-safety zone restock ZORO TOOLS Safety Supplies Utility Operations-General 349 US-pheasant woods MENARDS Building Materials Capital Maint.&Reinvestment 347 US-SWAT Basic JIMMY JOHNS Training Supplies Police 337 US-SWAT Basic MILIO'S SANDWICHES Training Supplies Police 331 US-supplies TARGET Operating Supplies Birthday Parties 325 US-duluth conf AWWA-MINNESOTA SECTION Tuition Reimbursement/School Water Treatment Plant 305 US-plants for water plant BACHMANS CREDIT DEPT Repair&Maint.Supplies Utility Operations-General 299 US-Apr 2016 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund Amount Explanation Vendor Account Description Business Unit 295 US-SWAT Basic JIMMY JOHNS Training Supplies Police 286 US-plant yard maint SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint. Supplies Utility Operations-General 273 US-SWAT trng school MILIO'S SANDWICHES Training Supplies Police 270 US-trng AMERICAN RED CROSS Conference/Training Youth Programs Admin 269 US-cordless handset sr ctr AMAZON.COM Operating Supplies IT Telephone 260 US-horicon marsh birding trip HORICON MARSH BOAT TOURS Program Trips Outdoor Center 255 US-spring vball gym rental EDEN PRAIRIE SCHOOL Gym Rental Basketball 248 US-playground HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 246 US-VFD part SOUTHLAND ELECTRICAL Repair&Maint.Supplies Water Wells 245 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 242 US-lodging for trng SUPERIOR SHORES RESORT Travel Expense Water Treatment Plant 240 US-forensics training HOLIDAY INN Tuition Reimbursement/School Police 240 US-forensics training HOLIDAY INN Tuition Reimbursement/School Police 233 US-staff training ORIENTAL TRADING Training Supplies Pool Operations 220 US-gift-retirement HALLMARK Employee Award Organizational Services 219 US-pheasant woods drain tile MENARDS Building Materials Capital Maint.&Reinvestment 215 US-data caard printer ribbon AMAZON.COM Process Control Equipment IT Operating 211 US-shop supplies MENARDS Repair&Maint.Supplies Utility Operations-General 210 US-office suplies AMAZON.COM Office Supplies Police 199 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 193 US-Apr 2016 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund 193 US-cordless handset sr ctr AMAZON.COM Operating Supplies IT Telephone 192 US-council food DAVANNI'S PIZZA Miscellaneous City Council 190 US-yoga mats/straps YOGAACCESSORIES.COM Operating Supplies Specialty Fitness Programs 177 US-med bags FOREMOST MEDICAL EQUIPMENT EMS Supplies Fire 166 US-water plant landscaping HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance 166 US-bank/service charge PLUG N PAY Bank and Service Charges Community Center Admin 165 US-sump paint HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Storm Drainage 164 US-storage media for evidence MICRO CENTER A/R Computers IT Operating 162 US-café food SUPERAMERICA Merchandise for Resale Concessions 161 US-maint supplies MENARDS Repair&Maint.Supplies Water Treatment Plant 161 US-homicide luncheon GINA MARIAS INC Operating Supplies Police 160 US-lime res analysis UNIVERSITY OF MINNESOTA Lime Residual Removal Water Treatment Plant 158 US-volleyballs AMAZON.COM Operating Supplies Volleyball 153 US-JBL compression driver FULL COMPASS SYSTEMS Capital Under$25,000 Staring Lake Concert 150 US-sign base/playgrounds MENARDS Signs Park Maintenance 150 US-miracle field MENARDS Operating Supplies Flying Cloud Fields 149 US-flowers for out front MENARDS Repair&Maint.Supplies Utility Operations-General 141 US-trng supplies for staff mtg OFFICE DEPOT CREDIT PLAN Training Supplies Pool Operations 137 US-lodging for trng SUPERIOR SHORES RESORT Travel Expense Water Treatment Plant 136 US-bank/service charge PLUG N PAY Bank and Service Charges Community Center Admin 136 US-quartermaster AMAZON.COM Operating Supplies Police 129 US-photoshop for fire ADOBE SYSTEMS Video&Photo Supplies Fire 128 US-adaptive program outing BRUNSWICK BOWLING LANES Special Event Fees New Adaptive 121 US-supplies for café US FOOD CULINARY EQUIPMENT&S Operating Supplies Concessions 120 US-C Eide CC AMAZON.COM Deposits Escrow 119 US-front desk safety training FRED PRYOR SEMINARS Conference/Training Community Center Admin 117 US-realtors forum PANERA BREAD Miscellaneous Economic Development 116 US-health/safety standards NFPA Health&Fitness Fire 114 US-trng AMERICAN RED CROSS Conference/Training Youth Programs Admin Amount Explanation Vendor Account Description Business Unit 113 US-tennis WALMART COMMUNITY Operating Supplies Tennis 108 US-UTT registration fee USTA Dues&Subscriptions Tennis 107 US-cleaning supplies HOME DEPOT CREDIT SERVICES Cleaning Supplies Utility Operations-General 107 US-quartermaster AMAZON.COM Operating Supplies Police 102 US-henn co trng EDEN PRAIRIE COMMUNITY CENTER Miscellaneous Elections 102 US-pickleball league PICKLEBALLCENTRAL.COM Operating Supplies Park Facilities 100 US-Macqueen trng day MACQUEEN EQUIPMENT INC Conference/Training Street Maintenance 100 US job posting MAAO Employment Advertising Organizational Services 100 US-office suplies AMAZON.COM Office Supplies Police 98 US-cables-IT AMAZON.COM Computers IT Operating 95 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 94 US-ipad charger APPLE.COM Operating Supplies Fire 91 US-sunshine fund TLF BELLADONNA FLORIST Deposits Escrow 87 US-scripts for winter theater SAMUEL FRENCH INC Operating Supplies Winter Theatre 87 US-shop supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water Metering 86 US-supplies BEST BUY Operating Supplies Administration 81 US-trng AMERICAN RED CROSS Conference/Training Community Center Admin 81 US-kitchen supplies TARGET Repair&Maint.Supplies Utility Operations-General 75 US-feed pump tube PREMIER POOL AND SPA Repair&Maint.Supplies Round Lake 75 US-outdoor ctr EDUCATIONAL INNOVATIONS Operating Supplies Outdoor Center 74 US-horicon marsh birding trip CITGO Program Trips Outdoor Center 74 US-shop supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 73 US-quartermaster AMAZON.COM Operating Supplies Police 72 US-pole bag EBAGS.COM Capital Under$25,000 Community Center Admin 70 US-candy shack/outdoor ctr MENARDS Building Materials Outdoor Center 70 US-N Minton CC EDEN PRAIRIE SCHOOL Deposits Escrow 70 US-lesson supplies AMAZON.COM Operating Supplies Pool Lessons 70 US-RL splash PREMIER POOL AND SPA Repair&Maint. Supplies Round Lake 69 US-office suplies TARGET Operating Supplies Pool Operations 68 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 65 US-supplies HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Round Lake 64 US-spot markers AMAZON.COM Operating Supplies Playgrounds 63 US-outdoor ctr MENARDS Operating Supplies Outdoor Center 62 US-pizza for staff meeting DAVANNI'S PIZZA Operating Supplies Therapeutic Rec Admin 62 US-pizza for staff meeting DAVANNI'S PIZZA Operating Supplies Playgrounds 61 US-Henn co chiefs mtg BYERLYS Operating Supplies Fire 60 US-registration ENVIRONMENTAL INITIATIVE Conference/Training Engineering 60 US-conf ENVIRONMENTAL INITIATIVE Conference/Training Utility Operations-General 59 US-wristbands PARTY CITY Operating Supplies Wine Club/Events 59 US-grease NAPA AUTO PARTS Repair&Maint.Supplies Sewer System Maintenance 59 US-bug killer/watering supplie MENARDS Operating Supplies Park Maintenance 58 US-supplies WALMART COMMUNITY Operating Supplies Youth Programs Admin 57 US-supplies/tools for new truc MENARDS Repair&Maint.Supplies Sewer System Maintenance 57 US-horicon marsh birding trip KWIK TRIP STORES Program Trips Outdoor Center 56 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 56 US-ballfield bench MENARDS Operating Supplies Park Maintenance 55 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 55 US-critter food MILLS FLEET FARM Operating Supplies Outdoor Center 55 US-fuel SUPERAMERICA Operating Supplies Fire 54 US-trng AMERICAN RED CROSS Conference/Training Therapeutic Rec Admin Amount Explanation Vendor Account Description Business Unit 54 US-trng AMERICAN RED CROSS Conference/Training Ice Operations 54 US-training CUB FOODS EDEN PRAIRIE Conference/Training Concessions 54 US-supplies TARGET Operating Supplies Pool Operations 53 US-supplies for café WALMART COMMUNITY Merchandise for Resale Concessions 53 US-paint sumps MENARDS Repair&Maint.Supplies Storm Drainage 52 US-AA bat/digital scale AMAZON.COM Operating Supplies Fitness Center 52 US-sensory items for participa AUTISM SHOP Operating Supplies Accessibility 52 US-battery/headband AMAZON.COM Operating Supplies IT Telephone 52 US-staff training supplies TARGET Training Supplies Pool Operations 51 US-tie downs MENARDS Repair&Maint.Supplies Sewer System Maintenance 51 US-critter food PETCO Operating Supplies Outdoor Center 50 US-maint supplies MENARDS Repair&Maint.Supplies Water Treatment Plant 50 US-A Groth training MACQUEEN EQUIPMENT INC Conference/Training Utility Operations-General 49 US-fuel RED LAKE NATION FUELS Operating Supplies Fire 48 US-supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Round Lake 48 US-evernote ITUNES STORE Software Storm Drainage 48 US-supplies for café VALLEY POPCORN Operating Supplies Concessions 48 US-quartermaster AMAZON.COM Operating Supplies Police 46 US-fuel MT IRON SHORT STOP Operating Supplies Fire 46 US-art ctr bday supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 46 US-scripts for winter theater DRAMATISTS PLAY SERVICE INC Operating Supplies Winter Theatre 45 US-water resources FASTSIGNS Operating Supplies Storm Drainage 44 US-lake fountain HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Purgatory Creek Park 43 US-converter for video present AMAZON.COM Computers IT Operating 43 US-clock PAYPAL INC Repair&Maint.Supplies Water Treatment Plant 42 US-saw blades MENARDS Repair&Maint. Supplies Sewer System Maintenance 42 US-RL beach supplies AMAZON.COM Operating Supplies Riley Lake Beach 42 US-irrigation-turf MENARDS Repair&Maint. Supplies Park Maintenance 42 US-water fitness awareness ADOLPH KIEFER&ASSOCIATES Operating Supplies Pool Lessons 41 US-prairie view garden HOME DEPOT CREDIT SERVICES Operating Supplies Playgrounds 41 US-garden tanks HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Park Maintenance 40 US-stool for dispatch AMAZON.COM Equipment Repair&Maint Public Safety Communications 40 US-office suplies WALGREEN'S#5080 Operating Supplies Pool Operations 40 US-training lunch SENSIBLE LAND USE COALITION Conference/Training Community Development Admin. 40 US-tape-shop supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 40 US-volleyballs AMAZON.COM Operating Supplies Volleyball 39 US-forensics training GINO'S EAST Tuition Reimbursement/School Police 39 US-fuel SUPERAMERICA Operating Supplies Fire 39 US-irrigation/pool fountain MENARDS Operating Supplies Purgatory Creek Park 39 US-candy/chex mix for staff me TARGET Operating Supplies Therapeutic Rec Admin 39 US-office suplies DOLLAR TREE STORES,INC. Office Supplies Police 39 US-coffee for training CARIBOU COFFEE Training Supplies Organizational Services 39 US-coffee for training CARIBOU COFFEE Training Supplies Organizational Services 38 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 38 US-trng equip AMAZON.COM Training Supplies Police 38 US-pot for garden HOME DEPOT CREDIT SERVICES Operating Supplies Playgrounds 37 US-cables MY CABLE MART Miscellaneous IT Operating 37 US-training supplies AMAZON.COM Training Supplies Pool Lessons 36 US-quartermaster AMAZON.COM Operating Supplies Police 36 US-wireless mouse AMAZON.COM Computers IT Operating Amount Explanation Vendor Account Description Business Unit 35 US-itinerant HENNEPIN COUNTY TREASURER Operating Supplies Wine Club/Events 35 US-weed whip parts MILLS FLEET FARM Equipment Parts Fleet Operating 34 US-pop for staff training TARGET Operating Supplies Therapeutic Rec Admin 34 US-garden HOME DEPOT CREDIT SERVICES Operating Supplies Playgrounds 34 US-shop supplies HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Water System Maintenance 32 US-mounting for ipad command AMAZON.COM Operating Supplies Fire 32 US-cables MY CABLE MART Computers IT Operating 31 US-fuel EXXON Motor Fuels Fleet Operating 31 US-café food LAKEWINDS Merchandise for Resale Concessions 31 US-registration ENVIRONMENTAL INITIATIVE Dues&Subscriptions Utility Operations-General 31 US-toner spare-HR AMAZON.COM Process Control Equipment IT Operating 30 US-conference ticket MAGC Conference/Training Communications 30 US-N Wagner-MAGC awards MAGC Miscellaneous Communications 30 US-outdoor ctr MONARCH WATCH Operating Supplies Outdoor Center 30 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 30 US-black ink cartridge-PD AMAZON.COM Process Control Equipment IT Operating 29 US-critter food PETCO Operating Supplies Outdoor Center 29 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 29 US-fuel HOLIDAY STATION STORES Operating Supplies Fire 29 US-staff LT Bag WALMART COMMUNITY Operating Supplies Youth Programs Admin 28 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 28 US-fuel 7-ELEVEN Motor Fuels Fleet Operating 28 US-testing cc system EDEN PRAIRIE COMMUNITY CENTER Merchandise for Resale Concessions 28 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 28 US-books for staff trng MICHAEL BRANDWEIN Operating Supplies Therapeutic Rec Admin 28 US-books for staff trng MICHAEL BRANDWEIN Operating Supplies Teen Programs 28 US-maint supplies MENARDS Repair&Maint. Supplies Water Treatment Plant 28 US-events supplies AMAZON.COM Operating Supplies Pool Lessons 27 US-parking-forensics trng STANDARD PARKING Mileage&Parking Police 27 US-trng AMERICAN RED CROSS Conference/Training Fitness Classes 27 US-playground/fencing MENARDS Operating Supplies Park Maintenance 27 US-tarp HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer Liftstation 26 US-critter food PETCO Operating Supplies Outdoor Center 26 US-fuel EXXON Motor Fuels Fleet Operating 25 US-LLMC conf DELTA AIR Travel Expense City Clerk 25 US-LLMC conf DELTA AIR Travel Expense City Clerk 25 US-forestry FASTSIGNS Building Materials Tree Disease 25 US-supplies for café MENARDS Operating Supplies Concessions 24 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 24 US-adaptive camp SCIENCE MUSEUM OF MINNESOTA Special Event Fees New Adaptive 23 US-forensics training ALBERTOS RESTAURANT Tuition Reimbursement/School Police 23 US-shop supplies MENARDS Operating Supplies Park Maintenance 22 US-water plant landscaping HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Utility Operations-General 22 US-quartermaster AMAZON.COM Operating Supplies Police 22 US-tasting bottles-purchasing TOTAL WINE Operating Supplies Den Road Liquor Store 22 US-tasting bottles-purchasing TOTAL WINE Operating Supplies Prairie Village Liquor Store 22 US-tasting bottles-purchasing TOTAL WINE Operating Supplies Prairie View Liquor Store 22 US-cables MY CABLE MART Computers IT Operating 21 US-floor mats for truck MENARDS Repair&Maint.Supplies Sewer System Maintenance 21 US-office suplies AMAZON.COM Office Supplies Police Amount Explanation Vendor Account Description Business Unit 21 US-weed whip parts AMAZON.COM Equipment Parts Fleet Operating 20 US-MAGC awards-J Lorenz MAGC Miscellaneous Communications 20 US-membership USTA Dues&Subscriptions Tennis 20 US-membership USTA Dues&Subscriptions Tennis 20 US-membership USIA Dues&Subscriptions Tennis 20 US-membership USIA Dues&Subscriptions Tennis 20 US-membership USIA Dues&Subscriptions Tennis 20 US-membership USIA Dues&Subscriptions Tennis 20 US-Drivers safety RADERMACHERS Operating Supplies Senior Center Programs 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 19 US-forensics training STARBUCKS Tuition Reimbursement/School Police 19 US-trng AMERICAN RED CROSS Conference/Training Ice Operations 19 US-trng AMERICAN RED CROSS Conference/Training Fitness Classes 18 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 18 US-fuel RED LAKE NATION FUELS Operating Supplies Fire 18 US-2nd round interviews CRUMB GOURMET DELI Operating Supplies Fire 18 US-forensics training ALBERTOS RESTAURANT Tuition Reimbursement/School Police 18 US-battery BATTERIES PLUS Repair&Maint.Supplies Water Wells 17 US-picture of staff WALGREEN'S#5080 Office Supplies Water Treatment Plant 17 US-ipad case-engineering AMAZON.COM Computers IT Operating 17 US-facebook ad FACEBOOK Advertising Den Road Liquor Store 17 US-forensics LOVES COUNTRY Tuition Reimbursement/School Police 16 US-forensics training HARDEES Tuition Reimbursement/School Police 16 US-plastic pipe MENARDS Repair&Maint.Supplies Storm Drainage 16 US-soldering tips AMAZON.COM Equipment Repair&Maint Public Safety Communications 16 US-wireless mouse CSO-PD AMAZON.COM Computers IT Operating 15 US-may monthly meeting GOVERNMENT FINANCE OFFICERS AS Conference/Training Finance 15 US-June monthly meeting GOVERNMENT FINANCE OFFICERS AS Conference/Training Finance 15 US-tennis learning resource ct USTA Conference/Training Tennis 15 US-tennis learning resource ct USTA Conference/Training Tennis 15 US-tennis learning resource ct USTA Conference/Training Tennis 15 US-tennis learning resource ct USTA Conference/Training Tennis 15 US-tennis learning resource ct USTA Conference/Training Tennis 15 US-tennis learning resource ct USTA Conference/Training Tennis 15 US-sr awareness WALMART COMMUNITY Operating Supplies Senior Board 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 14 US-fuel 7-ELEVEN Motor Fuels Fleet Operating 13 US-café food KOWALSKI'S MARKET Merchandise for Resale Concessions 13 US-fuel SUPERAMERICA Operating Supplies Fire 13 US-MAC meeting parking MSP AIRPORT PARKING Operating Supplies Fire 13 US-preschool camp PARTY CITY Operating Supplies Playgrounds 12 US-taylor rd meal SAWMILL SALOON AND RESTAURANT Operating Supplies Fire 11 US-quartermaster AMAZON.COM Operating Supplies Police 11 US-conf parking STANDARD PARKING Mileage&Parking Communications 11 US-fuel SUPERAMERICA Operating Supplies Fire 11 US-lunch during trip GORDY'S Operating Supplies Fire 10 US-DEED mtg STANDARD PARKING Mileage&Parking Economic Development 10 US-fuel-NE water school PETROPLUS Mileage&Parking Utility Operations-General 10 US-caution tape FRATTALLONE'S/MINNETONKA ACE Operating Supplies Park Maintenance 9 US-DEED mtg STANDARD PARKING Mileage&Parking Economic Development Amount Explanation Vendor Account Description Business Unit 9 US-forensics training SUBWAY Tuition Reimbursement/School Police 9 US-pop for staff training TARGET Operating Supplies Therapeutic Rec Admin 8 US-label maker cartridge refil OFFICE DEPOT CREDIT PLAN Operating Supplies Prairie Village Liquor Store 8 US-label maker cartridge refil OFFICE DEPOT CREDIT PLAN Operating Supplies Den Road Liquor Store 8 US-label maker cartridge refil OFFICE DEPOT CREDIT PLAN Operating Supplies Prairie View Liquor Store 8 US-sr awareness PARTY CITY Operating Supplies Senior Board 8 US-pheasant woods drain tile HOME DEPOT CREDIT SERVICES Building Materials Capital Maint.&Reinvestment 7 US-safety camp folders AMAZON.COM Operating Supplies Safety Camp 7 US-quartermaster AMAZON.COM Operating Supplies Police 6 US-supplies for café FRATTALLONE'S/MINNETONKA ACE Operating Supplies Concessions 6 US-lake fountain MENARDS Equipment Repair&Maint Purgatory Creek Park 6 US-quartermaster AMAZON.COM Operating Supplies Police 4 US-sr awareness SUPERAMERICA Operating Supplies Senior Board 4 US-pre school TARGET Operating Supplies Playgrounds 3 US-testing cc system EDEN PRAIRIE COMMUNITY CENTER Merchandise for Resale Concessions 3 US-election boxes CONTAINER STORE Operating Supplies Elections 3 US-café food KOWALSKI'S MARKET Merchandise for Resale Concessions 2 US-supplies TRUE VALUE Operating Supplies Community Center Admin 1 US-irrigation repair SUPERAMERICA Operating Supplies Park Maintenance -3 US-testing cc system EDEN PRAIRIE COMMUNITY CENTER Merchandise for Resale Concessions -10 US-refund EDEN PRAIRIE SCHOOL DISTRICT Deposits Escrow -10 US-refund EDEN PRAIRIE SCHOOL Miscellaneous Administration -10 US-N Minton CC EDEN PRAIRIE SCHOOL Deposits Escrow -10 US-N Minton CC EDEN PRAIRIE SCHOOL Deposits Escrow -10 US-N Minton CC EDEN PRAIRIE SCHOOL Deposits Escrow -10 US-N Minton CC EDEN PRAIRIE SCHOOL Deposits Escrow -10 US-N Minton CC EDEN PRAIRIE SCHOOL Deposits Escrow -10 US-N Minton CC EDEN PRAIRIE SCHOOL Deposits Escrow -10 US-N Minton CC EDEN PRAIRIE SCHOOL Deposits Escrow -10 US-refund EZ PASS VIRGINIA Tuition Reimbursement/School Police -28 US-testing cc system EDEN PRAIRIE COMMUNITY CENTER Merchandise for Resale Concessions -46 US-splash pad HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Round Lake -50 US-Apr 2016 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund -120 US-C Eide CC AMAZON.COM Deposits Escrow -303 US-return MENARDS Building Materials Capital Maint.&Reinvestment -1,250 US-refund TPC LLC Tuition Reimbursement/School Police -1,250 US-refund TPC LLC Tuition Reimbursement/School Police -3,869 US-purchasing card rebate US BANK Other Revenue General Fund 44,439 Report Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. Community Development/Planning Eden Prairie Center Landscaping Janet Jeremiah/Julie Klima Improvements Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review and Zoning District Review within the Commercial Regional Service Zoning District on 35.32 acres; and • Approve the Development Agreement. Synopsis This is final approval of the Development Agreement and plans for the proposed landscaping improvements. The City Council reviewed the request at a public hearing on December 1, 2015. At that time, the Council closed the public hearing and directed staff to continue working with the applicant to accommodate additional screening of parking areas and enhancement of pedestrian access. The project proponent has prepared revised plans that provide upgraded pedestrian connections and access to Eden Prairie Center, increased screening of the parking lot areas and revised tree removals to minimize impact to existing healthy species (depicted in the plans dated January 2016). For the Council's reference, the plan sets distributed include the plans reviewed at the 1st reading, which include existing conditions and the originally proposed landscaping improvements (dated October 2016). The landscaping materials have been modified to include additional height to provide for enhanced screening. Additionally, the plans provide for a future phase of improvements to provide screening at the Regional Center Road entrance as depicted in the plans. The Development Agreement includes language that requires these improvements to be made by December 31, 2018. Background Information The 120-Day Review Period Expires on September 1, 2016. Attachments • Ordinance for PUD District Review • Summary Ordinance • Development Agreement EDEN PRAIRIE CENTER LANDSCAPING IMPROVMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 14-2016-PUD-9-2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Commercial Regional Services Zoning District-14-2016-PUD-9-2016 (hereinafter "PUD-9- 2016-C-REG-SER). Section 3. The City Council hereby makes the following findings: A. PUD-9-2016-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-9-2016-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-9-2016-C-REG-SER are justified by the design of the development described therein. D. PUD-9-2016-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 July 19, 2016, entered into between CAPREF Eden Prairie LLC and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-9-2016-C-REG-SER, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Commercial Regional Services District and shall be included hereafter in the Planned Unit Development 9-2016-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 December 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 19th day of July, 2016. ATTEST: Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2016. EXHIBIT A PUD Legal Description — Lot 1, Block 1, Eden Prairie Center 10th Addition; and Lot 2, Block 1, Eden Prairie Center 9th Addition. EDEN PRAIRIE CENTER LANDSCAPING IMPROVEMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO.14-2016-PUD-9-2016 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 8251 Flying Cloud Drive within the Commercial Regional Services Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2016. (A full copy of the text of this Ordinance is available from City Clerk.) DEVELOPMENT AGREEMENT EDEN PRAIRIE CENTER LANDSCAPING IMPROVEMENTS THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of May 24, 2016, by CAPREF EDEN PRAIRIE LLC, a Delaware limited liability company, its successors and assigns, hereinafter referred to as "Developer" 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 District Review and Zoning District Review within the Commercial Regional Service Zoning District on 35.32 acres of real property owned by Developer, CAPREF Eden Prairie Anchor Building, LLC, a Delaware limited liability company ("Anchor"), and/or Target Corporation ("Target"), and, legally described on Exhibit A (the "Property"); NOW, THEREFORE, in consideration of the City adopting Ordinance No. for Planned Unit Development District Review and Zoning District 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 12, 2016, reviewed and approved by the City Council on July 19, 2016, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Subject to the terms and conditions hereof, Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C if and to the extent applicable to the Exhibit B Plans, also referred to herein sometimes as the "Landscape Project." 1 Eden Prairie Center Landscaping Improvements Dev. Agreement 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land, 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. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment 2 Eden Prairie Center Landscaping Improvements Dev. Agreement permit tracking program utilized by the City. B. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 6. IRRIGATION PLAN: If an irrigation plan is proposed then prior to issuance of a permit for the Landscape Project Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to the issuance of any permit for the Property other than permits to accomplish the Landscape Project. 7. LANDSCAPE PLAN: Prior to land alteration permit issuance, the Developer shall submit to the 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. Security for the improvements identified in Paragraph 9 (hereinafter referred to as "Screening Work") hereof is not required until prior to the issuance of any permit for the Screening Work. Developer shall complete implementation of the approved Plan in accordance with the terms and conditions of Exhibit C. 8. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any subsequent permits for which application is made for work on the Property. All maintenance and repair of all retaining walls on the Property shall be the responsibility of the Developer, its successors and assigns. 3 Eden Prairie Center Landscaping Improvements Dev. Agreement 9. SCREENING OF PARKING: Developer acknowledges that the City has approved development plans for the future construction of a landscaped area to screen the view into the parking lot from the Regional Center Road Entrance as depicted in the Plans. Applicable permit review required by the Eden Prairie City Code will be required. Developer shall submit to the City Planner detailed plans for review and approval. Developer agrees that the landscaped area will be installed generally consistent as depicted in the Plans by December 31, 2018. 10. 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, Subdivision 5a. 11. FLYING CLOUD DRIVE TRAIL IMPROVEMENT: The parties have agreed to the realignment and reconstruction of the trail along the east side of Flying Cloud Drive between Regional Center Road and Singletree Lane hereafter referred to as Flying Cloud Drive Trail Improvement. To accommodate the Flying Cloud Drive Trail Improvement the existing private concrete trail will be removed by the City at its cost and expense. To facilitate the timely construction of the Flying Cloud Drive Trail Improvement by the City and to provide necessary coordination with the site landscaping improvements, the Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of the design plans that includes plan and profile views for the trail. In addition any landscaping work the Developer undertakes in advance of the trail construction shall include all necessary trail grading work to allow the trail to be constructed without impacting the landscaping. Following approval by the City of the construction plans, the City will be responsible for the construction of the trail and will endeavor to construct the trail within 120 days of approval of the design plans. 12. TRAIL EASEMENT: Prior to the release of a land alteration permit for the Property, the Developer agrees to provide at no cost permanent and temporary trail easements necessary in City judgement to construct and maintain an 8 to 12 foot wide public trail. The trail will run along the east side of Flying Cloud Drive between Regional Center Road and Singletree Lane as generally depicted in the Exhibit B plans. The permanent trail easement shall be submitted in form and substance as shown in Exhibit D, for review and written approval by the Director of Parks and Recreation. 4 Eden Prairie Center Landscaping Improvements Dev. Agreement After approval by the City, Developer shall file the Trail Easement with the Hennepin County Recorder/Registrar of Title as appropriate affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. The temporary construction easements must be in form and substance acceptable to the City. In particular the temporary easements must cover such area as in the City's judgement is necessary to construct the trail improvement. The temporary easements shall expire upon the earlier of(i) December 31, 2018 or (ii) issuance by the Director of Parks and Recreation of a certificate final completion of the construction of the trail easement. 13. ON-SITE PEDESTRIAN AND BICYCLE IMPROVEMENTS: As depicted in the Plans, the proposed improvements include new sidewalks, crosswalks, pedestrian striping, and bicycle racks. The Developer shall complete these improvements by June 30, 2017. 14. TREE LOSS - TREE REPLACEMENT: There are 4,625 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 487 diameter inches. Tree replacement required are68 caliper inches. Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 68 caliper inches. This approved plan shall include replacement trees of a 2.5 inch diameter minimum size for a shade tree and a 6 foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any land alteration permit for the Property, Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150% of the cost of said improvements as required by City Code. 15. IMPROVEMENTS ON THE PROPERTY OF TARGET CORPORATION AND CAPREF EDEN PRAIRIE ANCHOR BUILDING, LLC: A portion of the Landscape Project will be constructed and performed on property ("Target Property") owned by Target legally described on Exhibit A-2 and on property ("Anchor Property") owned by Anchor legally described on Exhibit A-3. By acknowledgement hereon, Target and Anchor separately consent to the Developer's performance as reasonable necessary to complete the Landscape Project identified on the Plans. Developer shall submit to City the written consent of Target and Anchor in form and substance as attached hereto as Exhibit E-land E-2. Developer shall be responsible to fulfill every provision of this Agreement with respect to both the Developer's Property, the Target Property and the Anchor Property. 5 Eden Prairie Center Landscaping Improvements Dev. Agreement 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 , 2016, 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 6 Eden Prairie Center Landscaping Improvements Dev. Agreement CAPREF EDEN PRAIRIE LLC By Its STATE OF TEXAS ) ) ss. COUNTY OF DALLAS ) The foregoing instrument was acknowledged before me this day of , 2016, by , the , of CAPREF EDEN PRAIRIE, LLC 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 7 Eden Prairie Center Landscaping Improvements Dev. Agreement EXHIBIT A- 1 DEVELOPMENT AGREEMENT - EDEN PRAIRIE CENTER LANDSCAPING IMPROVEMENTS LEGAL DESCRIPTION Parcel A (Abstract property): Lots 1 and 2, Block 1, Eden Prairie Center 10th Addition, except that part of said Lot 1 embraced within the south 247,5 feet of the west 704 feet of the Southwest Quarter of the Northeast Quarter of Section 14, Township 116, Range 22. Parcel B (Certificate of Title No. 1379480): That part of Lot 1, Block 1, Eden Prairie Center 10th Addition, embraced within the south 247.5 feet of the west 704 feet of the Southwest Quarter of the Northeast Quarter of Section 14, Township 116, Range 22. Ex. B - 1 Eden Prairie Center Landscaping Improvements Dev. Agreement EXHIBIT A- 2 DEVELOPMENT AGREEMENT — EDEN PRAIRIE CENTER LANDSCAPING IMPROVEMENTS Legal Description of Target Property: Lot 2, Block 1, Eden Prairie Center 9th Addition, Hennepin County, Minnesota, according to the recorded plat thereof. Ex. B - 2 Eden Prairie Center Landscaping Improvements Dev. Agreement EXHIBIT A- 3 DEVELOPMENT AGREEMENT — EDEN PRAIRIE CENTER LANDSCAPING IMPROVEMENTS Legal Description of Anchor Property: Lot 2, Block 1, Eden Prairie Center Addition, Hennepin County, Minnesota EXHIBIT B DEVELOPMENT AGREEMENT - EDEN PRAIRIE CENTER LANDSCAPING IMPROVEMENTS 2016 Bicycle & Pedestrian Access Regional Center Road dated January 2016 by LHB Possible Future Screening Regional Center Road dated January 2016 by LHB Regional Center Road, Area 1 Proposed Removal dated January 2016 by LHB Regional Center Road, Area 1 Proposed Planting dated January 2016 by LHB City Council Revisions PH 1 Regional Center Road Entrance dated May 2016 by LHB City Council Revisions Future dated January 2016 by LHB City Council Revisions PH1 Regional Center Road Section dated January 2016 by LHB Target Loading Dock, Area 2 Proposed Planting dated January 2016 by LHB Target Loading Dock, Area 2 Proposed Removal dated January 2016 by LHB South of Singletree Lane, Area 2 Proposed Planting dated January 2016 by LHB City Council Revisions PH1 Singletree Lane Entrance dated January 2016 by LHB City Council Revisions PH1 Flying Cloud Dr. near Regional Center Rd dated Jan. 2016 by LHB Den Road, Area 6 Proposed Removal dated January 2016 by LHB Den Road, Area 6 Proposed Planting dated January 2016 by LHB City Council Revisions PH1 West 78th Street& Den Road Entrance dated January 2016 by LHB City Council Revisions PH1 Tree Removal/Replacement Summary dated January 2016 by LHB Tree Removals and Erosion Control Construction Areas sheet L0.02 dated 1-31-2016 by LHB Ex. B - 3 Eden Prairie Center Landscaping Improvements Dev. Agreement EXHIBIT C DEVELOPMENT AGREEMENT - EDEN PRAIRIE CENTER LANDSCAPING IMPROVEMENTS I. Prior to release of any building permit, 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. 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. 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 and the Owners, their 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: 1. Interest as fee owner of Target Corporation in Lot 2, Block 1,Eden Prairie Center 9th Addition; 2. Interest as fee owner of CAPREF Eden Prairie Anchor Building,LLC in Lot 2,Block 1,Eden Prairie Center Addition,Hennepin County,Minnesota • [Insert legal description] 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 Ex. C - 1 Eden Prairie Center Landscaping Improvements Dev. Agreement conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and 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 release of the final plat, 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. 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. XI. Developer acknowledges that the rights of City performance of obligations of Developer Ex. C - 2 Eden Prairie Center Landscaping Improvements Dev. Agreement contemplated in this agreement are special, unique, and of an extraordinary character, and 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, 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 building permit issuance, 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 building permit issuance, 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. XV. Prior to building permit issuance, 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 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. Ex. C - 3 Eden Prairie Center Landscaping Improvements Dev. Agreement 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. The final plat shall not be released 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. Ex. C - 4 Eden Prairie Center Landscaping Improvements Dev. Agreement EXHIBIT D DEVELOPMENT AGREEMENT - EDEN PRAIRIE CENTER LANDSCAPING IMPROVEMENTS TRAIL EASEMENT The undersigned Grantor(s) for good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey to City of Eden Prairie, a municipal corporation of the State of Minnesota, (Grantee), a permanent trail easement ("Easement") for the following uses and purposes and subject to the following terms and conditions on, over, under and across real property in the County of Hennepin, State of Minnesota, which Easement is described on Exhibit A, depicted in Exhibit B (if used) and made a part hereof. 1. Uses and Purposes. The Easement shall be for the following purposes and uses: A. For construction, operation, and maintenance of a trail and/or sidewalk and associated appurtenances; B. For use as sidewalk and trail by the public; C. For travel by the public in or on motorized vehicles authorized by the Grantee; D. To remove, cut and trim trees, shrubs and vegetation. 2. Nonexclusive. The Easement shall be nonexclusive; provided, however, this Easement shall be prior to and superior to any other easement hereinafter granted. Any future easement shall be subject to and subordinate to, and shall not interfere with, the Easement without the consent, in writing, of Grantee. 3. Duration of Easement. The Easement shall be perpetual, shall run with the land, shall be binding upon Grantor and its successors and assigns and shall be for the benefit of Grantee and its successors and assigns. 4. Grantor Ownership. Ex. D - 1 Eden Prairie Center Landscaping Improvements Dev. Agreement Grantor(s) warrant they are the owners of the real property subject to this Easement and have the lawful right and authority to convey and grant the Easement herein granted. Executed this day of 2016 IN WITNESS WHEREOF, the parties to this Easement have caused these presents to be executed as of the day and year aforesaid. CAPREF EDEN PRAIRIE LLC By Its STATE OF TEXAS ) ) ss. COUNTY OF DALLAS ) The foregoing instrument was acknowledged before me this day of , 2016, by , the , of CAPREF EDEN PRAIRIE, LLC a Delaware limited liability company, on behalf of the company. Notary Public Ex. D -2 Eden Prairie Center Landscaping Improvements Dev. Agreement GRANTEE: 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 , 2016, 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 Ex. D - 3 Eden Prairie Center Landscaping Improvements Dev. Agreement , being the holder of a first mortgage lien on the property to be encumbered by the aforesaid Easement, hereby consents to Grantor's execution of the foregoing instrument, subject to the terms, conditions, provisions, and obligations thereof LENDER: By Its STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2016, by , the , of , a , on behalf of the Notary Public Drafted By: City of Eden Prairie Engineering Department 8080 Mitchell Road Eden Prairie,MN 55344 Ex. D -4 Eden Prairie Center Landscaping Improvements Dev. Agreement EXHIBIT E -1 DEVELOPMENT AGREEMENT - EDEN PRAIRIE CENTER LANDSCAPING IMPROVEMENT S TARGET CONSENT Target Corporation, a Minnesota corporation, hereby consents to the performance by Developer, as defined below, of all work and requirements on Target Property (as hereinafter defined) required by that certain Development Agreement dated , _ 2016 to which this Exhibit E-1 is appended, which Development Agreement is by and between CAPREF EDEN PRAIRIE LLC, a Delaware limited liability company is referred to as Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, therein referred to as "City" (the "Development Agreement"). The Target Property is legally described on Exhibit A-1 hereto. This consent may be revoked or withdrawn only with the prior written consent of the City, which consent may be granted only if Target Corporation enters into a binding agreement with City to be responsible for the work and requirements of the Development Agreement applicable to the Target Property. TARGET CORPORATION BY ITS STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, by , the , of_TARGET CORPORATION, a Minnesota corporation, on behalf of the company. Notary Public Ex. A-1 to E-1 Eden Prairie Center Landscaping Improvements Dev. Agreement Exhibit A-1 to Exhibit E-1 (Target Consent) Legal Description of Target Property: Lot 2, Block 1, Eden Prairie Center 9th Addition, Hennepin County, Minnesota, according to the recorded plat thereof. Ex. A-1 to E-1 Eden Prairie Center Landscaping Improvements Dev. Agreement EXHIBIT E -2 DEVELOPMENT AGREEMENT - EDEN PRAIRIE CENTER LANDSCAPING IMPROVEMENT S ANCHOR CONSENT CAPREF EDEN PRAIRIE ANCHOR BUILDING LLC, a Delaware limited liability company, hereby consents to the performance by Developer, as defined below, of all work and requirements on Anchor Building (as hereinafter defined) required by that certain Development Agreement dated , _ 2016 to which this Exhibit E-2 is appended, which Development Agreement is by and between CAPREF EDEN PRAIRIE LLC, a Delaware limited liability company "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, therein referred to as "City" (the "Development Agreement"). The Anchor Property is legally described on Exhibit A-1 hereto. This consent may be revoked or withdrawn only with the prior written consent of the City, which consent may be granted only if Anchor enters into a binding agreement with City to be responsible for the work and requirements of the Development Agreement applicable to the Anchor Property. CAPREF EDEN PRAIRIE ANCHOR BUILDING LLC BY ITS STATE OF TEXAS ) )ss. COUNTY OF DALLAS ) The foregoing instrument was acknowledged before me this day of , 2016, by , the , of CAPREF EDEN PRAIRIE ANCHOR BUILDING LLC a Delaware limited liability company, on behalf of the company. Notary Public Ex. A-1 to E-1 Eden Prairie Center Landscaping Improvements Dev. Agreement Exhibit A-1 to Exhibit E-2 (Anchor Consent) Legal Description of Anchor Property: Lot 2, Block 1, Eden Prairie Center Addition, Hennepin County, Minnesota Ex. A-2 to Ex. E-2 Eden Prairie Center Landscaping Improvements Dev. Agreement CITY COUNCIL AGENDA DATE: SECTION: Appointments July 19, 2016 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: Rick Getschow, Student on Commissions Appointments XIII.A. City Manager for the 2016-2017 School Year Requested Action Move to: Appoint James Yoo to the Parks, Recreation and Natural Resources Commission as a Students on Commissions program representative. Synopsis Mr. Yoo's name was inadvertently left off the list of students appointed to the Parks, Recreation and Natural Resources Commission by the City Council at their June 14, 2016, meeting. CITY COUNCIL AGENDA DATE: SECTION: Report of Public Works Director July 19, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Resolution ITEM NO.: XIV.E.1. Public Works/Engineering approving the sale of a portion of real Robert Ellis property commonly known as 11201 Burr Ridge Lane Requested Action Move to: Adopt the resolution approving the sale of a portion of real property commonly known as 11201 Burr Ridge Lane, Eden Prairie, Minnesota, and depicted on Exhibit A attached. thereto. Background Information The City of Eden Prairie acquired the parcel at 11201 Burr Ridge Lane in 2014 for a storm sewer repair project. After completion of the project the property owner of 11191 Burr Ridge Lane approached the City of Eden Prairie with an interest in purchasing approximately 4,820 square feet from 11201 Burr Ridge Lane. The City of Eden Prairie no longer needs for public purpose an area of approximately 4,820 square feet located in the northwest corner of the lot at 11201 Burr Ridge Lane. The lot at 11191 Burr Ridge Lane has irregular boundaries that could become regular and compatible with adjacent lots in the area if it could be combined with the approximately 4,820 square feet of land from 11201 Burr Ridge Lane.The City of Eden Prairie will maintain ownership of the remaining portion of the property at 11201 Burr Ridge Lane which is approximately 12,560 square feet. As a condition of the proposed sale, The City of Eden Prairie will obtain a drainage and utility easement over the property being proposed for sale. The City of Eden Prairie will sell the property for a price of two dollars per square foot,plus the cost of property division. This total is estimated at $15,140. Attachments • Resolution • Exhibit • Purchase Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2016- A RESOLUTION APPROVING THE SALE OF REAL PROPERTY LOCATED AT 11201 BURR RIDGE LANE,EDEN PRAIRIE,MN WHEREAS, the City of Eden Prairie(the"City") acquired, in fee, certain real property commonly known as 11201 Burr Ridge Lane, Eden Prairie,MN in 2014 for a storm sewer repair project; and WHEREAS, after completion of the project, Eduardo and Kelly Vigil (hereinafter "Buyers") desire to acquire from the City a portion of 11201 Burr Ridge Lane, Eden Prairie, MN, and said portion is illustrated on Exhibit A attached hereto (the"Property"); and WHEREAS, the City no longer needs the Property for public purposes except for a drainage and utility easement over and across the entire Property; and WHEREAS, the City will maintain ownership of the remaining portion ofl 1201 Burr Ridge Lane, Eden Prairie,MN; and WHEREAS, the City, as a condition of the sale of the Property, will obtain a drainage and utility easement over and across the entire Property; and WHEREAS, the sale price of the Property is two dollars ($2.00) per square foot, plus the cost of property division. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that: 1. The Property is no longer needed for public purpose except for the drainage and utility easement over and across the entire Property. 2. In accordance with Minn. Stat. § 462.356, the disposal of the Property has no real relationship to the comprehensive municipal plan. 3. Subject to obtaining a drainage and utility easement over and across the entire Property, the sale of the Property is approved, and the Mayor and City Manager are authorized to execute all documents necessary to convey the Property. ADOPTED by the Eden Prairie City Council on July 19, 2016. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk 1 of Eden Prai • • • • I. + ••. .. 4 — '{I. q f ]� ' ram} • �rF • • * . I' . • • w 11191 Burr Rr: .\4 e"-- ‘.‘A1 r L•'• . . ,: i { . `x 4 . _ �. y • NI f f e `'� ry ram• _ , • + _ _ f • • IIP I: _ 11201 urr Ridge L. . h l I. • SIB ` ; • - - '.• r , • 3 {.y 1. l • • 1. ' ' • f• • _ •• ,--_ -.- Description . *,. r 71A.4.1..:94t 0 0.005 0.01 Miles I I Miles IA SCLAIM ER:The City of Eden Prairie does not warrant the accuracy nor the correctness R the nbrmation contei red in this map.It is your resPons bilitY to�er'dY the accuracy_ C this Information.h no event W II T he City of Eden Prairie be Ha bl a ter any damages, J1 — ._ 0 Feet I I Feet intl ui'gl fbuslness.lost profit;business interupti fbusnass nformakon _ — -i — •Any aerial photography and parcel geomety wasobte'ned tom Hennepin County and all aoN p y loss tletmght arse fmm the use of th p the information it 30 60 Scale: 1.533.58 HEd are bound by the express wtltlencontact between Hennepin County and the Cky containsMap informationis beheued to be accurate but y not guaranteed o`Eden Prairie. Any errors or omssions should be reported to The City of Eden P r air ie. PURCHASE AGREEMENT THIS AGREEMENT is made , 2016 between the City of Eden Prairie, a Minnesota Municipal Corporation ("Seller") and Eduardo and Kelly Vigil, husband and wife ("Buyer"). RECITALS WHEREAS, Seller is the fee owner of certain real property located in Hennepin County, Minnesota, legally described on Exhibit A (the"Land"). WHEREAS, Seller desires to sell a portion of the Land containing approximately 4,820 square feet and depicted on Exhibit B,together with all buildings and improvements constructed or located on the portion of Land,and all easements and rights benefiting or appurtenant to the portion of the Land(collectively, the "Property"); WHEREAS,the Property is currently a portion of that certain property legally described as Lot 8,Block 15,Bluffs West, according to the recorded plat thereof,Hennepin County,Minnesota, being registered land as is evidence by Certificate of Title No. 1102448; WHEREAS,Buyer is the fee owner of certain real property legally described on Exhibit C attached hereto; WHEREAS, the the Property and the parcel described on Exhibit C will be combined through platting as required by paragraph 22; and WHEREAS, Seller desires to sell the Property to Buyer, pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer and Buyer agrees to buy from Seller, the Property as described in the first Recital paragraph. 2. Purchase Price. The total purchase price ("Purchase Price") to be paid by Buyer to Seller for the Property shall be Fifteen Thousand One Hundred Forty and no/100 Dollars($15,140). 3. Payment of Purchase Price. The Purchase Price shall be paid as follows: 3.1 Earnest Money. Five Hundred One and no/100 Dollars ($501) as earnest money("Earnest Money") which Earnest Money shall be held by Guaranty -1- Commercial Title ("Escrow Agent") in an interest bearing escrow account, provided, however,that the fee for any such account shall be paid by Buyer. 3.2 Platting Costs. Five Thousand Five Hundred and no/100 Dollars($5,500.00) as costs to prepare and record the final plat and easements for the Property ("Platting Costs").Buyer shall pay Platting Costs to Escrow Agent who shall release such costs immediately to Seller. The total amount of Platting Costs may increase or decrease based on any increase or decrease in the actual cost of platting the Property. If the actual cost of platting is less than $5,500.00, Seller shall refund the difference to Buyer at Closing. If the actual cost of platting exceeds $5,500.00, Buyer shall pay Seller the excess at Closing. 3.3 Closing Payment. Nine Thousand One Hundred Thirty Nine and no/100 Dollars ($9,139) in cash or by wire transfer of U.S. Federal Funds to be received by Seller on or before 10:00 a.m. local time on the Closing Date. 4. Contingencies. 4.1 Buyer's Contingencies. Buyer and Seller agree and understand that Buyer intends to combine the Property with property Buyer owns at 11191 Burr Ridge Lane legally described on Exhibit C hereto (the combined properties collectively referred to as the "Combined Parcel") as one single family lot (the"Proposed Use"). Unless waived by Buyer in writing,Buyer's obligation to purchase the Property shall be subject to and contingent upon each of the following: 4.1.1 Combination of Parcels. The Buyer shall have received approval for the combination of the parcels depicted on Exhibit B and described on Exhibit C hereto. 4.1.2 Performance of Seller's Obligations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. 4.1.3 Title. Title shall have been found acceptable, or made acceptable,in accordance with the requirements and terms of Section 10 below. If any of the foregoing contingencies have not been satisfied on or before the Closing Date,then this Agreement may be terminated, at Buyer's option,by written notice from Buyer to Seller. Such notice of termination may be given at any time on or before the Closing Date. Upon such termination(a)Buyer and Seller shall execute a recordable written termination of this Agreement, which shall include Buyer's quit claim of any interest in and to the Property, -2- (b) the Earnest Money and any interest accrued thereon shall be released to Buyer, and(c)upon such return,neither party will have any further rights or obligations regarding this Agreement or the Property except for the obligations set forth in paragraphs 5, 9.1, 9.6, 12, 13 and 14. All the contingencies set forth in this subsection are specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive any contingency by written notice to Seller. 4.2 Seller's Contingencies. Unless waived by Seller in writing, Seller's obligation to sell the Property shall be subject to and contingent upon each of the following: 4.2.1 On or before the Closing Date,Buyer shall have obtained approval to have the Combined Parcel combined into one residential lot. 4.2.2 On or before the Closing Date the approved combination for the Combined Parcel referred to in paragraph 4.2.1 shall be submitted for recording at the Closing. 4.2.4 The final plat for the Combined Parcel shall show a drainage and utility easement in favor of Seller over the area described in Exhibit B. If any of the foregoing contingencies have not been satisfied on or before the stated date, then this Agreement may be terminated, at Seller's option, by written notice from Seller to Buyer. Such notice of termination may be given at any time on or before the Closing Date. Upon such termination(a)Buyer and Seller shall execute a recordable written termination of this Agreement, which shall include Buyer's quit claim of any interest in and to the Property, (b)the Earnest Money and any interest accrued thereon shall be retained by Seller, and(c)upon such return,neither party will have any further rights or obligations regarding this Agreement or the Property except for the obligations set forth in paragraphs 5, 9.1, 9.6, 12, 13, and 14. All the contingencies set forth in this subsection are specifically stated and agreed to be for the sole and exclusive benefit of the Seller and the Seller shall have the right to unilaterally waive any contingency by written notice to Buyer. 5. Buyer's Access and Investigation. Seller shall allow Buyer, and Buyer's agents, access to the Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same. Buyer shall pay all costs and expenses of such investigation and testing and shall indemnify and hold Seller and the Property harmless from all costs and liabilities relating to Buyer's activities. Buyer shall further promptly repair and restore any damage to the Property caused by or occurring during Buyer's testing and return the Real Property and/or Personal -3- Property to substantially the same condition as existed prior to such entry. 6. Closing. The closing of the purchase and sale contemplated by this Agreement(the "Closing") shall occur on or before October 28,2016 (the"Closing Date"). The Closing shall take place at 10:00 a.m.local time at the office of Guaranty Commercial Title in Minneapolis,Minnesota, or at such other place as may be agreed to. Seller agrees to deliver possession of the Property to Buyer on the Closing Date. 7. Seller's Closing Documents. On the Closing Date,Seller shall execute and/or deliver to Buyer the following(collectively, "Seller's Closing Documents"): 7.1 Deed. A Quit Claim Deed, in recordable form reasonably satisfactory to Buyer, conveying the Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances. 7.2 Bring-down Certificate. The Bring-down Certificate. 7.3 Other Documents. All other documents reasonably determined by Buyer to be necessary to transfer the Property to Buyer free and clear of all encumbrances, except the Permitted Encumbrances. 8. Buyer's Closing Documents. On the Closing Date,Buyer will execute and/or deliver to Seller the following (collectively, "Buyer's Closing Documents"): 8.1 Purchase Price. The Purchase Price,by wire transfer of U.S. Federal Funds or by certified check to be received in Title's trust account on or before 10:00 a.m. local time on the Closing Date. 8.2 Title Documents. Such Affidavits of Purchaser, Certificates of Value or other documents as maybe reasonably required by Title in order to record the Seller's Closing Documents and issue the Policy. 8.3 Executive Order Affidavit. An affidavit properly executed and in recordable form satisfying Seller and Title that the Buyer is not a blocked person under Executive Order 13224. 9. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: 9.1 Title Insurance and Closing Fee. Buyer will pay all costs of the Title Evidence described in Section 10 of this Agreement and the fees charged by Title for any escrow required regarding Buyer's Objections. Buyer will pay the premium or cost of the Policy and all additional premiums required for -4- the issuance of any title insurance policy required by Buyer. Buyer will pay the closing fee or charge imposed by any closing agent designated by Title. 9.2 Deed Tax. Buyer shall pay all state deed tax regarding the Quit Claim Deed to be delivered by Seller under this Agreement. 9.3 Real Estate Taxes and Special Assessments. The Property is currently tax exempt because of public ownership. Any taxes due and payable before this transaction and all taxes due and payable after Closing occurs shall be paid by Buyer. Buyer shall be responsible for all special assessments levied subsequent to the Closing Date. 9.4 Recording Costs. Buyer will pay the cost of recording all documents necessary to place record title in the condition warranted by Seller and requested by Buyer in this Agreement. Buyer will pay the cost of recording all other documents. 9.5 Platting Costs. Buyer shall pay all costs to prepare and record the final plat and easements as provided in paragraph 3.2. 9.6 Attorneys' Fees. Each of the parties will pay its own attorneys' fees, except that a party defaulting under this Agreement or any closing document will pay the reasonable attorneys' fees and court costs incurred by the non-defaulting party to enforce its rights regarding such default. 9.7 Other Costs. All other operating costs of the Property will be allocated between Seller and Buyer as of the Closing Date,so that Seller pays that part of such other operating costs payable before the Closing Date, and Buyer pays that part of such operating costs payable from and after the Closing Date provided, however, that any increase or decrease in Platting Costs shall be handled as provided in paragraph 3.2. 10. Title Examination. Title examination will be conducted as follows: 10.1 Buyer's Title Evidence. Buyer shall have the right, within 20 days of the execution of this Purchase Agreement, to obtain the following ("Title Evidence"):A commitment("Title Commitment")for an Owner's Policy of Title Insurance insuring title to the Real Property, in the amount of the Purchase Price, issued by Guaranty Commercial Title("Title"). Seller shall be provided with a copy of the Title Commitment by Title at the time it is delivered to Buyer. If Buyer fails to obtain a Title Commitment,Buyer shall be deemed to have waived the right to provide Objections(as defined in 10.2) and the right to Termination in paragraph 10.2.1. -5- 10.2 Buyer's Objections. Within 15 days after receipt of the Title Commitment, Buyer shall make written objections ("Objections") to the form and/or contents of the Title Evidence. Buyer's failure to make Objections within such time period will constitute a waiver of Objections. Any matter shown on the Title Evidence and not objected to by Buyer shall be a "Permitted Encumbrance"pursuant to this Agreement. Seller will have the option of(i) curing the Objections within 60 days after receipt of the Objections, during which period the Closing will be postponed as necessary or (ii) cancelling this Agreement. If the Objections are not cured within such 60-day period, Buyer will have the option to do any of the following: 10.2.1 Termination. Terminate this Agreement and receive a refund of the Earnest Money and the interest accrued and unpaid on the Earnest Money, if any. 10.2.2 Waiver. Waive the Objections and proceed to close. 11. As Is. Buyer is purchasing the Property based upon its own investigation and inquiry and is not relying on any representation of Seller or other person and is agreeing to accept and purchase the Property"as is,where is"subject to the conditions of examination herein set forth and the express warranties herein contained. Consummation of this Agreement by Buyer with knowledge of any breach of such representations and warranties by Seller will not constitute a waiver or release by Buyer of any claims due to such breach. 12. Broker's Commission. Seller and Buyer represent and warrant to each other that they have dealt with no brokers, finders or the like in connection with this transaction, and agree to indemnify each other and to hold each other harmless against all claims,damages,costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement,and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorneys' fees. 13. Mutual Indemnification. Seller and Buyer agree to indemnify each other against,and hold each other harmless from, all liabilities (including reasonable attorneys' fees in defending against claims) arising out of the ownership, operation or maintenance of the Property for their respective periods of ownership. Such rights of indemnification will not arise to the extent that(a) the party seeking indemnification actually receives insurance proceeds or other cash payments directly attributable to the liability in question (net of the cost of collection, including reasonable attorneys' fees) or (b) the claim for indemnification arises out of the act or neglect of the party seeking indemnification. If and to the extent that the indemnified party has insurance coverage, or the right to make claim against any third party for any amount to be indemnified against as set forth above, the indemnified party will, upon full performance by the indemnifying party of its -6- indemnification obligations, assign such rights to the indemnifying party or, if such rights are not assignable, the indemnified party will diligently pursue such rights by appropriate legal action or proceeding and assign the recovery and/or right of recovery to the indemnifying party to the extent of the indemnification payment made by such party. 14. Assignment. Buyer may not assign its rights under this Agreement without the prior written consent of the other party,before or after Closing. If Buyer assigns this Agreement without the prior written consent of the Seller,the Seller may terminate this agreement by written notice to Buyer. 15. Survival. Unless otherwise stated,all of the terms of this Agreement will survive and be enforceable for one year after the Closing. 16. 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 Seller by delivering it personally to an officer of Seller, or if it is directed to Buyer,by delivering it personally to an officer of Buyer, 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 Seller: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn: Robert Ellis If to Buyer: Eduardo and Kelly Vigil 11191 Burr Ridge Lane Eden Prairie, MN 55347 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 any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 17. Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 18. Entire Agreement; Modification. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless agreed to in writing and executed by the parties. -7- 19. Binding Effect. This Agreement binds and benefits the parties and their successors and assigns. 20. Controlling Law. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 21. Remedies. If either Party defaults under this Agreement,the non-defaulting Party shall have the right to terminate this Agreement by giving written notice to the defaulting Party. If the defaulting party fails to cure such default within five(5)business days of the date of such notice the non-defaulting party may cancel this Agreement with written notice to the defaulting party. The foregoing is the exclusive remedy for either Party. All other remedies, including damages for breach,equitable remedies,specific performance,and all other remedies at law or equity are waived and relinquished by each of the Parties. 22. Combination of Parcels. Buyer authorizes the Seller to perform platting to combine the parcel depicted on Exhibit B (the Property) and the parcel described on Exhibit C. The parties estimate the cost to accomplish the platting as Five Thousand Five Hundred and no/100 Dollars ($5,500.00). Buyer shall be responsible for all costs of platting as provided in paragraph 3.2. IN AGREEMENT, Seller and Buyer have executed this Agreement as of the date first written above. SELLER: CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager -8- BUYER Eduardo Vigil Kelly Vigil -9- EXHIBIT A SELLER'S PROPERTY Lot 8, Block 15, BLUFFS WEST, Hennepin County, Minnesota. -10- EXHIBIT B DEPICTION OF PROPERTY That part of Lot 8, Block 15, BLUFFS WEST, Hennepin County, Minnesota, lying North and West of the following described line: Commencing at the Northeast corner of said Lot 8; thence running Southwesterly to a point on the West property line of said Lot 8, lying 48.34 feet south of the Northwest corner, and there terminating. -11- EXHIBIT C BUYER'S PROPERTY Lot 18, Block 1, BLUFFS WEST FOURTH ADDITION, Hennepin County, Minnesota. -12-