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City Council - 08/16/2016
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,AUGUST 16, 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 James DeMann, 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. SUSTAINABLE EP (5:30) II. TREES (6:00) Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, AUGUST 16, 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 Jodie Fenske I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. ACCEPT DONATION FROM GRAND HAVEN AT MARSH COVE HOMEOWNERS ASSOCIATION FOR NATURE TRAIL IMPROVEMENTS (Resolution) B. ACCEPT DONATION FROM CHRISTOPHER STERNTHAL TOWARDS THE VETERAN'S MEMORIAL (Resolution) C. ACCEPT DONATION FROM TEAM FOXJETS TOWARDS AQUATIC CENTER ADDITION (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JULY 19, 2016 B. CITY COUNCIL MEETING HELD TUESDAY, JULY 19,2016 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 11 RELATING TO TRANSIT ORIENTED DEVELOPMENT (TOD)AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE CITY COUNCIL AGENDA August 16, 2016 Page 2 C. APPROVE SECOND READING OF AN ORDINANCE APPROVING TEMPORARY HOUSING OPT-OUT D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES FOR IMPROVEMENTS TO STORMWATER WETLAND 05- 12-C (TIMBER CREEK NORTH) E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB FOR MASTER PLAN PHASE FOR RILEY LAKE PARK F. APPROVE CLIM-A-TECH INDUSTRIES DEED GRANT AGREEMENTS G. APPROVE GRANT PROGRAM AGREEMENT FOR USE OF CDBG FUNDS FOR ACCESSIBILITY IMPROVEMENTS TO PIONEER ESTATES GROUP HOME FOR THE ELDERLY H. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND PROP I. APPROVE AMENDED CONTRACT WITH THE CAVE CAFE, LLC, FOR PROVISION OF FOOD SERVICE IN THE GARDEN ROOM J. APPROVE AMENDMENT TO CONTRACT BETWEEN MINTAHOE AND CITY OF EDEN PRAIRIE K. AWARD CONTRACT FOR REMODELING OF PARKS MAINTENANCE OFFICE AREAS IN MAINTENANCE FACILITY TO GARDNER BUILDERS L. APPROVE LEASE AGREEMENT WITH MED ONE CAPITAL FOR 47 AEDs M. AUTHORIZE EARLY REPLACEMENT OF STAFF VEHICLE #293 AND DECLARE VEHICLE #136 AS SURPLUS N. ADOPT RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY FOR THE EDEN PRAIRIE ROAD SOUTH REALIGNMENT PROJECT O. AWARD CONTRACT FOR NEW EMERGENCY POWER GENERATOR AT FIRE STATIONS 2 AND 3 TO POWER SYSTEMS SERVICES, INC. IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION VACATING PUBLIC DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS THAT PART OF LOTS 6 AND 7, BLOCK 1,BELLERIEVE B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 11.35, TO ADD SCHOOLS AS A PERMITTED USE IN THE PUBLIC ZONING DISTRICT CITY COUNCIL AGENDA August 16, 2016 Page 3 X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Award Contract to Minger Construction for Cedar Hills Park Construction 2 Approve Professional Services Agreement with HTPO for Construction Administration of Cedar Hills Park Project 3. Approve Maintenance Agreement with Riley Purgatory Creek Watershed District for Cedar Hills Park E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF 1. Recreational Fires H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: August 16, 2016 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, August 16, 2016 TUESDAY,AUGUST 16, 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. IV. PROCLAMATIONS/PRESENTATIONS A. ACCEPT DONATION FROM GRAND HAVEN AT MARSH COVE HOME- OWNERS ASSOCIATION FOR NATURE TRAIL IMPROVEMENTS (Resolution) Synopsis: Representatives of the Grand Haven at Marsh Cove Homeowners Association approached City staff with the proposal to assist in funding the planned nearby nature trail. The trail would connect Idlewood Way to the existing trails in the Edenbrook Conservation Area. The Association has proposed a donation of $8,500 to be used for the installation of the trail. A portion of the work could begin in 2016 with the remainder of the project completed on 2017. Sufficient funding is planned for to complete this project. MOTION: Move to adopt the resolution accepting the donation of $8,500 from Grand Haven at Marsh Cove Homeowners Association for Nature Trail Improvements B. ACCEPT DONATION FROM CHRISTOPHER STERNTHAL TOWARDS THE VETERAN'S MEMORIAL (Resolution) Synopsis: City staff recently met with Mr. Sternthal who was representing the Minnesota Chapter of PokeMan Go. Mr. Sternthal offered suggestions and proposed a method to best communicate with participants. He recognized the impacts to Purgatory Creek Park and wanted to help make improvements with a donation. ANNOTATED AGENDA August 16,2016 Page 2 MOTION: Move to adopt the resolution accepting the Donation of $200 from Christopher Sternthal toward the Veteran's Memorial C. ACCEPT DONATION FROM TEAM FOXJETS TOWARDS AQUATIC CENTER ADDITION (Resolution) Synopsis: City staff recently met with Mr. Sternthal who was representing the Minnesota Chapter of PokeMan Go. Mr. Sternthal offered suggestions and proposed a method to best communicate with participants. He recognized the impacts to Purgatory Creek Park and wanted to help make improvements with a donation. Synopsis: Team FoxJets pledged to raise $500,000 towards the construction of the Community Center addition. This payment is a result of both naming rights and donations. MOTION: Move to adopt the resolution accepting the Donation of $82,000 from Team FoxJets toward the Aquatic Center Addition. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY,JULY 19, 2016 B. CITY COUNCIL MEETING HELD TUESDAY,JULY 19, 2016 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-P on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO TRANSIT ORIENTED DEVELOPMENT (TOD) AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE C. APPROVE SECOND READING OF AN ORDINANCE APPROVING TEMPORARY HOUSING OPT-OUT ANNOTATED AGENDA August 16,2016 Page 3 D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES FOR IMPROVEMENTS TO STORMWATER WETLAND 05- 12-C (TIMBER CREEK NORTH) E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB FOR MASTER PLAN PHASE FOR RILEY LAKE PARK F. APPROVE CLIM-A-TECH INDUSTRIES DEED GRANT AGREEMENTS G. APPROVE GRANT PROGRAM AGREEMENT FOR USE OF CDBG FUNDS FOR ACCESSIBILITY IMPROVEMENTS TO PIONEER ESTATES GROUP HOME FOR THE ELDERLY H. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND PROP I. APPROVE AMENDED CONTRACT WITH THE CAVE CAFÉ,LLC,FOR PROVISION OF FOOD SERVICE IN THE GARDEN ROOM J. APPROVE AMENDMENT TO CONTRACT BETWEEN MINTAHOE AND CITY OF EDEN PRAIRIE K. AWARD CONTRACT FOR REMODELING OF PARKS MAINTENANCE OFFICE AREAS IN MAINTENANCE FACILITY TO GARDNER BUILDERS L. APPROVE LEASE AGREEMENT WITH MED ONE CAPITAL FOR 47 AEDs M. AUTHORIZE EARLY REPLACEMENT OF STAFF VEHICLE #293 AND DECLARE VEHICLE #136 AS SURPLUS N. ADOPT RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY FOR THE EDEN PRAIRIE ROAD SOUTH REALIGNMENT PROJECT O. AWARD CONTRACT FOR NEW EMERGENCY POWER GENERATOR AT FIRE STATIONS 2 AND 3 TO POWER SYSTEMS SERVICES,INC. IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION VACATING PUBLIC DRAINAGE AND UTILITY EASEMENTS LYING OVER,UNDER AND ACROSS THAT PART OF LOTS 6 AND 7, BLOCK 1, BELLERIEVE Official notice of this public hearing was published in the July 28,2016,Eden Prairie News and sent to eight property owners. Synopsis: The Property Owners have requested an Administrative Combination of Lots 6 and 7, Block 1, Bellerieve. The Property Owners propose to construct a permanent landscape structure over the existing lot line and drainage and utility easements. In order to approve the construction of permanent landscape structure the adjoining drainage and utility easements need to be vacated. ANNOTATED AGENDA August 16,2016 Page 4 The drainage and utility easements proposed to be vacated were originally dedicated with the plat of Bellerieve. In order to accommodate placement of a permanent landscaping structure over the lot lines and easements, the property owners would need these underlying easements vacated. The release of the certified resolution vacating the drainage and utility easements shall be conditioned on the notification from Hennepin County to the City that the Property Owner's request for an Administrative Combination of Lot 6 and Lot 7, Block 1, Bellerieve has been completed. MOTION: Move to: 1 • Close the public hearing; and • Adopt the resolution vacating the public drainage and utility easements lying over, under and across that part of Lots 6 and 7, Block 1, Bellerieve. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 11.35, TO ADD SCHOOLS AS A PERMITTED USE IN THE PUBLIC ZONING DISTRICT Official notice of this public hearing was published in the August 4, 2016,Eden Prairie News. Synopsis: Before 2010, the City Code included public facilities as a permitted use in all zoning districts. Public facilities were defined as "those facilities owned by any governmental unit and those services relating to electric, gas, telephone and cablevision utilities." Schools were allowed under the term and definition of public facilities. In 2010, the City Code was updated to eliminate the term public facilities and in its place public infrastructure was listed as a permitted use in all zoning districts. Public infrastructure is defined as "infrastructure related to municipal utilities owned by any governmental unit including lift stations, well houses, water tower, sewer and water lines, manholes, storm sewer, street lights stop signs and stop lights, bridges, trails sidewalks and infrastructure related to electric, gas, telephone and cablevision utilities lines,poles and boxes but not including building except as specified above." The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Non- conforming uses are regulated by City Code and State Statute allowing maintenance, replacement, improvement and repair but not allowing expansion. Staff is proposing that the City Code be amended to include public and private schools as a permitted use in the Public Zoning District and that public schools be defined as: 1) a school owned or operated by a public entity which offers general education instruction equivalent to K-12 or post-secondary education, or 2) a charter school organized under Minnesota Statutes Chapter 124E. The City Code already provides a definition for private school. ANNOTATED AGENDA August 16,2016 Page 5 The language that is provided in the draft ordinance has been slightly modified after the Planning Commission reviewed the proposed code amendment. These modifications were made to provide additional clarity regarding Minnesota Statutes related to charter schools. The code amendment, if approved, would bring the existing ISD 272 school properties that are zoned Public into conforming status. As a subsequent step, staff is has initiated the rezoning of the appropriate school properties to the Public Zoning District, which upon approval, would bring those properties into conformance with the Comprehensive Plan. 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. MOTION: Move to: • Close the Public Hearing; and • Approve first reading of an ordinance amending City Code Sections 11.02 and 11.35 to define and add schools as a permitted use in the Public Zoning District. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Award Contract to Minger Construction for Cedar Hills Park Construction Synopsis: The proposed park would include a parking lot, play area, basketball court, a large turf open space and both paved and nature trails. Specifications for the construction work were prepared by our consultant HTPO and the City received bids from nine contractors. ANNOTATED AGENDA August 16,2016 Page 6 This project is the construction of a neighborhood park on the MAC property adjacent to Eden Prairie Road and Riley Creek. This park location was selected in 2002 and the terms of development and use negotiated when Flying Cloud Airport was expanded. This area is undergoing rapid housing development and will serve the new residents of the area. Bid Summary and Recommendation The summary of the bids submitted is as follows: Contractor Base Bid Bid Alternates Bid Total Minger Construction $852,066.25 $40,926.25 $892,992.50 Meyer Contracting $866,583.16 $39,472.00 $906,055.16 Rachel Contracting $972,449.50 $41,258.50 $1,013,708.00 S.M.Hentges&Sons $993,510.00 $49,595.00 $1,043,105.00 Max Steiniger $1,008,529.62 $42,443.00 $1,050,972.62 Ramsey Excavating $1,062,124.00 $57,138.75 $1,119,262.75 Peterson Companies $1,074,706.50 $39,921.70 $1,114,628.20 Veit&Company $1,082,629.14 $56,140.00 $1,138,769.14 Park Construction $1,087,268.70 $52,709.50 $1,139,978.20 The Engineers estimate for the project was $1,042,260.00. Eight of the nine submitters has met the guidelines as detailed in the bid specifications. Staff and consulting engineer recommends the contract be awarded to Minger Construction Co.,Inc. Funding for the construction work will come from the Capital Improvement Program (Park Improvement Funds). The project is anticipated to begin this fall and be completed next summer. MOTION: Move to award the contract for Cedar Hills Park development to Minger Construction Co., Inc. in the amount of $892,992.50. 2 Approve Professional Services Agreement with HTPO for Construction Administration of Cedar Hills Park Project Synopsis: Staff recommends entering into a professional services agreement with HTPO for construction administration, observation and staking for the Cedar Hills Park Development. The proposed project is scheduled in the Capital Improvement Program for 2016. City staff entered into an agreement with HTPO for the design phase services for this project. Bids were received and low bid price was below the engineer's estimate. HTPO has performed similar work for the Riley Lake Park Ballfield Expansion and staff feels very comfortable recommending them for this project. The proposal from HTPO is in line with our estimate and staff recommends approval of this contract. ANNOTATED AGENDA August 16,2016 Page 7 MOTION: Move to authorize entering into a Standard Agreement for Professional Services with HTPO for Construction Phase Services for Cedar Hills Park Development at a cost not to exceed $98,000. 3. Approve Maintenance Agreement with Riley Purgatory Creek Watershed District for Cedar Hills Park Synopsis: Due to the new water crossing and new buffer areas and stormwater infiltration basins required to be built as part of the Cedar Hills Park development, the Riley-Purgatory-Bluff Creek Watershed District is requiring an agreement outlining maintenance and reporting requirements for these items. This agreement must be executed as a condition of the Watershed District permit for the Cedar Hills Park Development CIP project. The proposed Cedar Hills Park includes a parking lot and paved trails with a bridge over Purgatory Creek. These new impervious surfaces and water crossing trigger certain criteria to be met in order to comply with RPBCWD rules. Included in these criteria is a requirement to enter into a maintenance and reporting agreement between the City and the RPBCWD. MOTION: Move to authorize entering into a maintenance agreement for buffer areas, water crossing and stormwater facilities at Cedar Hills Park with Riley Purgatory Bluff Creek Watershed District. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF 1. Recreational Fires H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations August 16, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.A. Jay Lotthammer, Accept Donation from Grand Haven at Parks and Recreation Director Marsh Cove Homeowners Association for Nature Trail Improvements Motion Move to: Adopt the resolution accepting the donation of$8,500 from Grand Haven at Marsh Cove Homeowners Association for Nature Trail Improvements Synopsis Representatives of the Grand Haven at Marsh Cove Homeowners Association approached City staff with the proposal to assist in funding the planned nearby nature trail. The trail would connect Idlewood Way to the existing trails in the Edenbrook Conservation Area. The Association has proposed a donation of$8,500 to be used for the installation of the trail. A portion of the work could begin in 2016 with the remainder of the project completed on 2017. Sufficient funding is planned for to complete this project. 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 $8,500 to be used for the installation of a nature trail connecting Idlewood Way to the existing trails in the Edenbrook Conservation Area in 2016 on behalf of the Grand Haven at Marsh Cove Homeowners Association is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 16th day of August 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations August 16, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B. Jay Lotthammer, Accept Donation from Christopher Sternthal Parks and Recreation Director toward the Veteran's Memorial Motion Move to: Adopt the resolution accepting the Donation of$200 from Christopher Sternthal toward the Veteran's Memorial Synopsis City staff recently met with Mr. Sternthal who was representing the Minnesota Chapter of PokeMan Go. Mr. Sternthal offered suggestions and proposed a method to best communicate with participants. He recognized the impacts to Purgatory Creek Park and wanted to help make improvements with a donation. 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$200.00 to be used towards the Veteran's Memorial on behalf of the Christopher Sternthal is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 16th day of August 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations August 16, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C. Jay Lotthammer, Accept Donation from Team FoxJets toward Parks and Recreation Director Aquatic Center Addition Motion Move to: Adopt the resolution accepting the Donation of$82,000 from Team FoxJets toward the Aquatic Center Addition. Synopsis Team FoxJets pledged to raise $500,000 towards the construction of the Community Center addition. This payment is a result of both naming rights and donations. 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$82,000 to be used towards the Aquatic Center Addition on behalf of Team Foxjets is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 16th day of August 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JULY 19, 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 Recorders Lorene McWaters and Jan Curielli Council Member Case was absent. I. DESIGN STANDARDS City Planner Julie Klima introduced Tom Dobbs and Julia Mullin of Hay Dobbs, which is assisting in the design standards update. The design guidelines will include both site and building design for most building types with the exception of single family homes. Landscaping, sustainability and public art will be addressed at a September workshop. Staff feels that making development expectations clear upfront and early will help developers avoid costly delays. Code language will be amended to reflect the new standards, and guidelines will also be developed. Dobbs noted that the City Council has expressed the desire to allow for flexibility, which will be addressed. The design guidelines are intended to result in high quality, timeless and sustainable development that is walkable, resilient, aesthetically pleasing, durable and cohesive. Dobbs defined resilience as being adaptable and allowing for change. Resilient buildings will be long-lived and will be good stewards of both property and the community. Nelson asked if this includes sustainability. Dobbs said sustainability still needs to be defined within the context of the design guidelines. Then enforcement and measurability will have to be addressed before expectations and standards can be set. Klima said Great Plains is working on the sustainability portion of the Comp Plan. They will work with Hay Dobbs on marrying the two efforts. The design guidelines will inform developers of expectations. Ordinance language will create requirements. Current building code does not cover many of the areas that will be included in the new design standards. Both the new guidelines and proposed code will include building form (orientation, scale, articulation/texture and fenestration) and building materials (facade, doors/windows and roofs). Examples of these areas were displayed. City Council Workshop Minutes July 19, 2016 Page 2 Proposed code changes include the following: • Building Orientation o Primary building entries shall be architecturally emphasized using design features such as protruding and/or recessed entries, unique materials or architectural details o Sides of buildings that face a public street or sidewalk shall have one or more entrances • Building Articulation o Primary entries shall be architecturally emphasized using design features such as protruding and/or recessed entries, unique materials or architectural details o Sides of buildings that face a public street or sidewalk shall have one or more entrances o Building facades greater than 40 feet in length(80 feet in I Districts) shall include recesses or projections in the façade, material changes and/or other methods of articulation that create visual interest o In 3+ story buildings, the ground level must be visually distinct • Varied rooflines o In 1 or 2 story buildings with"flat"roofs, parapet heights should be varied by no less than 1 foot on every façade other than the single façade of the primary service side of the building (loading, trash, mechanical, etc.) o Major building elements may be used to achieve the effect of a varied parapet • Roofline type o Gables and hipped roofs will be encouraged near residential or other similarly scaled buildings or neighborhoods • Fenestration o In commercial districts, 50 percent of the ground floor façade that is generally visible by the public shall be designed to include transparent windows and/or doors to minimize large expanses of blank walls • Building materials o Seventy percent of building exterior facades shall consist of at least 3 Class I contrasting yet complementary materials. Fewer than three materials may be used to create a similar effect to contrasting materials through varied texture,pattern or color o Preferred Class I materials include brick, stone and glass. Other allowable Class I materials include cast stone, cultured stone, architectural precast, architectural metal panels, fiber cement products, precast concrete panels with sufficient texture and articulation o Vinyl or plastic shall only be used as trim or edging materials Nelson asked if this much specificity will allow for architecturally interesting buildings. Dobbs said the intent is to design beautiful buildings while precluding the bad stuff with guidelines. Klima noted that the PUD process and waiver reviews allow for departures from code. City Council Workshop Minutes July 19, 2016 Page 3 Tyra-Lukens asked how to ensure buildings that are seen from different sides will have equally pleasing exteriors. Dobbs said the requirements are based on whether they are visible from a street or sidewalk. Butcher-Wickstrom said she would like trails to be added to that requirement. Nelson said she does not like flat-roof buildings with mechanical in the middle with flimsy screening. Jeremiah said some communities have rules about these types of buildings in their codes. Nelson said she used to serve on the Planning Commission. She said they forced fast food restaurants to build restaurants that were more aesthetically pleasing than their standard buildings. She wants room for the City Council to require fast food places to come up to the City's standards. Aho asked how much of our current design-related code is being changed. Dobbs said the current code is fairly silent on many of the proposed components, so it is largely an additive process. Tyra-Lukens said the City is already pushing toward these guidelines even though they are not in writing. Articulating them will result in cost savings for developers since they will know the City's desires from the outset. Tyra-Lukens asked how developers get the guidelines. Klima said the City currently has formal guidelines only for the Town Center. Those guidelines are posted on the City's website and available from staff. Dobbs said responsible architects seek out this information when they start a project. Tyra-Lukens said she would like care to be taken to include a variety architectural styles in the guidelines' graphic representations so designers are not lead in one particular direction. Next Steps • Design guidelines will be finalized. • A landscape, sustainability and public art workshop will be held in September. • Zoning language changes will be finalized. • Public review will be conducted and final guidelines and code changes will be adopted. II. 2017 BUDGET Getschow said 2017 is year two of the two-year budget cycle. This year's budget discussion is more of an update, including some adjustments. Getschow said Eden Prairie is still near the bottom tax-wise when compared to similar metro area cities. Getschow noted that that the bi-annual Quality of Life Survey will be conducted again later this year. Data from this survey will help inform the next two-year budget process. The 2017 City Council Workshop Minutes July 19, 2016 Page 4 budget includes funding for a 3 percent base wage increase, rather than the 2.5 percent originally proposed. Getschow said the 3 percent raise would put Eden Prairie in line with other similar communities. This change would not change the overall proposed budget. The total proposed 2017 budget is $47,030,983, a 2.5 percent increase from 2016. The proposed property tax levy is $34,049,740, a 2.9 percent increase. Getschow noted that the CIP levy has remained at $100,000 per year for the past several years. He said the City has been coming in over budget for development revenue, which has allowed for sizable transfers into the CIP fund; however, it might be prudent to increase the CIP levy for 2017. The increase would provide a cushion in the event of another economic downturn and allow for continued investment in infrastructure. Getschow proposed raising the CIP levy to $200,000, which would result in the levy increase going from 2.9 percent to 3.2 percent, and the budget increasing by 2.5 percent to 2.8 percent. Nelson said she is in favor of a small increase in the CIP levy. Tyra-Lukens said she worries about levy limits being imposed or another recession hitting. She said a small levy increase now can help to avoid a larger increase in the future. She would also like the City to be able to invest in public art, sustainability, maintaining our ability to remain an above average community. She said she is OK with not staying at the bottom of the list in terms of levies. Brad said he would like to see the increase come in at lower than 3 percent. Next Steps • Sept. 6—City Council will adopt a preliminary levy • Dec. 6—Budget Public Meeting will be held and the City Council will adopt the final tax levy and budget II. OPEN PODIUM A. Todd Anderson—Acorn Rid2e Retaining Wall Todd Anderson said he is involved in a property line dispute with the City about a retaining wall he built on his property at 17220 Acorn Ridge. He said when he bought his home two years ago some of the land had eroded into a drainage ditch below the property as a result of storm drainage. He put in a retaining wall, but when the City came out to measure the property, portions of the wall were on City property. He said he is now charged with a criminal offense, but did not receive any communication from the City before the charge was filed. He said he was willing to work with the City to donate some of his own property in exchange for the portions that are on City property. Todd Montreuil, contractor, reviewed the construction done on the property. City Council Workshop Minutes July 19, 2016 Page 5 Tyra Lukens noted Council Members set policy for the City and are uncomfortable judging property issues. There is a lot of reluctance to vary from the guidelines for property. Getschow said there has been a 10-year program dealing with encroachment issues and requests for alteration. City staff wants to work with property owners if they need more time to work out issues. Krista Anderson, 17220 Acorn Ridge, asked about the charges against her and her husband. Rosow said the City Council does not have the authority to intervene in such charges; however, staff can review the situation. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JULY 19, 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 7:03 PM. Council Member Case was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. RECOGNIZE LIFEGUARD STAFF FOR EXEMPLARY CITIZEN ASSISTANCE Lotthammer said on Friday, June 24, three Aquatics staff members left a training session at the Community Center and encountered a man who had become injured while bike riding. The three City employees called for help and provided medical assistance to the injured man. He said two of the three were present tonight and introduced Jake Anderson and Gillian Rieder. Isaac Anderson was unable to attend the meeting. Mayor Tyra-Lukens congratulated the employees and presented them with plaques. MOTION: Aho moved, seconded by Nelson, 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. Motion carried 4-0. B. ACCEPT DONATION OF OUTDOOR CENTER GREEN HOUSE FROM GIRL SCOUT TROOP NO. 14282 (Resolution No. 2016-77) CITY COUNCIL MINUTES MINUTES July 19 2016 Page 2 Lotthammer introduced members of Girl Scout Troop No. 14282. He said the Girl Scouts donated a greenhouse to the Outdoor Center. The project involved research, planning, community involvement, fund-raising, and the actual construction of the greenhouse. The goal of the project was to create something sustainable that involves the community. MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2016-77 accepting the donation of a greenhouse from members of Girl Scout Troop No. 14282 as an addition to the Learning Garden at Staring Lake Outdoor Center. Motion carried 4-0. C. ACCEPT DONATION FOR VETERANS MEMORIAL FUND FROM CAROL AND LYNAE BAUGH IN HONOR OF BUD SCHWARTZ (Resolution No. 2016- 78) Lotthammer said 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. He said Items IV.A, B, and C are donations to the Veterans Memorial from the families of Bud Schwartz. A bench will be placed near the Veterans Memorial with a plaque honoring Mr. Schwartz, who was very instrumental in the Veterans Memorial project. MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2016-78 accepting the donation in the amount of$200 for the Eden Prairie Veterans Memorial in memory of Bud Schwartz from the Baugh Family. Motion carried 4-0. D. ACCEPT DONATION FOR VETERANS MEMORIAL FUND FROM DOROTHY SCHWARTZ IN HONOR OF BUD SCHWARTZ (Resolution No. 2016-79) MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution No. 2016-79 accepting the donation in the amount of$150 for the Eden Prairie Veterans Memorial in memory of Bud Schwartz from Dorothy Schwartz. Motion carried 4-0. E. ACCEPT DONATION FOR VETERANS MEMORIAL FUND FROM THE SHELLUM FAMILY IN HONOR OF BUD SCHWARTZ (Resolution No. 2016-80) MOTION: Nelson moved, seconded by Aho, to adopt Resolution 2016-80 accepting the donation in the amount of$300 for the Eden Prairie Veterans Memorial in memory of Bud Schwartz from the Shellum family. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS CITY COUNCIL MINUTES MINUTES July 19 2016 Page 3 Getschow said there are three items on goldenrod paper: one is a replacement for Item VIII.A.; the second is a copy of the Planning Commission minutes for July 11, 2016, relating to Item IX.E.; and the third is a letter received from Dean and Karen Edstrom regarding Item IX.B, Tyra-Lukens added Item XIV.A.4., and Aho added Item XIV.A.5. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 14, 2016 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the Council workshop held Tuesday, June 14, 2016, as published. Motion carried 3- 0-1,with Nelson abstaining. B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 14, 2016 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, June 14, 2016, as published. Motion carried 3-0-1,with Nelson abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. HAMPTON INN by Cities Edge Architects. Second reading of Ordinance No. 13-2016-PUD-8-2016 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 No. 13-2016-PUD-8-2016 for PUD District Review with waivers and Zoning District Change; Resolution No. 2016-81 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 CITY COUNCIL MINUTES MINUTES July 19 2016 Page 4 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 NO. 2016-82 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 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 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve Items A-Q on the Consent Calendar. Motion carried 4-0. CITY COUNCIL MINUTES MINUTES July 19 2016 Page 5 IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION NO. 2016-83 APPROVING MODIFIED BUDGET FOR TAX INCREMENT FINANCING DISTRICT NO. 14 (EDENVALE TOWNHOME PROJECT) Getschow said this item was passed at tonight's HRA meeting but also requires approval by the City Council. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the Public Hearing, and to adopt Resolution No. 2016-83 approving the modified budget for Tax Increment Financing District No. 14 (Edenvale Townhome Project). Motion carried 4-0. B. WHITETAIL BLUFF BY PREMIUM CONSTRUCTION. Request for Zoning District change from Rural to R1-13.5 on 2.48 acres; and a Preliminary Plat of one lot into two lots on 2.48 acres. Location: 10065 Eden Prairie Rd. (Ordinance for Zoning District Change; Resolution No. 2016-84 for Preliminary Plat) Getschow said official notice of this public hearing was published in the June 30, 2016, Eden Prairie News and sent to 25 property owners. 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 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 Planning Commission voted 6-0 with one abstention to recommend approval of the project at the June 27, 2016, meeting. Nelson asked if there is sewer and water on the property. Ellis replied Phase 1 of the Eden Prairie Road extension project extended sewer and water to where the lot will be sited. Nelson asked if they will have to put in sewer and water. Ellis replied they can continue to use the existing home's septic system and well but would have to hook up a new home to the City sewer and water. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing; to approve first reading of the ordinance for Zoning District change from Rural Zoning District to R1-13.5 Zoning District on 2.48 acres; to adopt Resolution No. 2016-84 for Preliminary Plat on 2.48 acres into 2 lots; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. CITY COUNCIL MINUTES MINUTES July 19 2016 Page 6 Tyra-Lukens noted, while this item seemed to be fairly contentious at the Planning Commission meeting, she did not see how this project could be denied. Aho believed it fit within the context of the adjoining neighborhoods. VOTE ON THE MOTION: Motion carried 4-0. C. TACO BELL BY BORDER FOODS,INC. Request for Site Plan Review on .56 acres. Location: 8450 Joiner Way(Resolution No. 2016-85 for Site Plan Review) Getschow said this item is for several interior and exterior updates planned for the Taco Bell restaurant. 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. He said City code was recently changed to allow for a more expedient process with site plans. Barbara Schneider, Vice President of Development for Border Foods, addressed the proposal. She said they followed Eden Prairie's requirements to maintain class A materials for restaurants, so this location looks somewhat different from other Taco Bell restaurants. She said there are height restrictions for much of the building site because of the easement for the overhead electric lines. She said they met with the Watershed District and have a few items left to do after that meeting. Tyra-Lukens asked if they would incorporate any stone into the building's exterior. Dean Madsen, architect, said they have not put in stone on this building because a tower required for stone would be taller than the rest of the restaurant, and they cannot extend the height of this building. However, they might be able to incorporate stone somewhere else on the building. Nelson commented stone makes a more interesting building, and it would be good if there were an alternative way to fit stone into the exterior. Tyra-Lukens noted she has seen some Taco Bells with an industrial sheet look. Ms Schneider said the Hopkins location has their newest architectural design and has an industrial look because of the corrugated metal on the building; however, they do not have the space to redo the building at this location. Tyra-Lukens asked about the landscaping improvements. Ms Schneider said they will be doing a total exterior landscape rework. She said the original development agreement had a requirement for a fence along Joiner Way; however, the fence was never put in. She believed some landscaping was put in as a substitute for the fence. She did not believe the existing trees would last if a fence were put in now. City staff has agreed the amendment for the fence should be taken out of the new development agreement. They would substitute a hedge-type landscaping for the fence, and there will be a small retaining wall along the driveway area. They will do landscaping around the ingress/egress to the restaurant. There will be new landscaping at the corner of the drive through, and bushes and rock will be added along the front of the restaurant as well as along Joiner Way. There will be a trail connection down to the restaurant. CITY COUNCIL MINUTES MINUTES July 19 2016 Page 7 Tyra-Lukens asked if they could move the bike rack to be near the trail. Ms Schneider said there is not a lot of room in back, and the proposed location would be a safer place for bikers. She asked if the City would give permission to put the bike rack in the area on the trail above. Jeremiah replied staff would work with the applicant to come up with a solution for the bike rack. Tyra-Lukens noted bike racks need to be visible. Aho asked how significant the changes required by the City of Eden Prairie were to the construction and design of this project as compared to their corporate standards. Ms Schneider said her personal opinion is the requirements made it more difficult, and she believed it would look better if they were able to do it differently. They have worked with other cities that have similar standards for Class A materials; however, what made this site difficult was the existence of the overhead line which compressed the restaurant. Aho asked if the compression of the restaurant is due to the Xcel Energy lines. Ms Schneider said that was correct. Butcher Wickstrom commented this is an improvement over what was there before. There is a better drive through configuration now. She said there also is an issue of people not knowing where to go for the drive through, and asked if there will be different wayfinding. Ms Schneider said they can put some markings on the pavement to help with that and can see if there is a possibility of placing a directional sign. on one of the islands. Nelson asked if they have been able to do anything to smooth out the entrance to the drive through. Ms Schneider said they intend to put some new concrete and asphalt in the drive through area. With regard to the slat wall extending more to the parapet of the building, Aho asked what staff's reasoning was about making those changes. Jeremiah said with the shorter building the slat wall appeared to split the building and did not seem to be as interesting. Aho asked if they would be able to bring some stone into the design because that might add some interest and contrast. Ms Schneider said they could do that. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the Public Hearing; to adopt Resolution No. 2016-85 for a Site Plan Review on 0.56 acres; and to approve the first amendment to the developer's agreement, which is an amendment of original developer's agreement entered into on March 10, 1992. Getschow asked if the resolution was to include the Council comments and requests. Council Members Aho and Nelson agreed. VOTE ON THE MOTION: Motion carried 4-0. CITY COUNCIL MINUTES MINUTES July 19 2016 Page 8 D. RESOLUTION NO. 2016-86 AMENDING THE COMPREHENSIVE PLAN RELATING TO DEVEOPMENT DENSITIES AND PROCESS FOR MEDIUM AND HIGH DENSITY RESIDENTIAL DEVELOPMENTS Getschow said 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. The inconsistency identified exists between the text language in the land use chapter and the densities provided on the guide plan map. 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. He said the City is embarking on the next ten-year plan update,but this amendment would affect any projects in the next two years or so. At its June 27, 2016, meeting, the Planning Commission voted 7-0 to recommend approval of the Comprehensive Plan amendment, subject to the information in the staff report dated June 22, 2016. Tyra-Lukens asked if there was an error on our original information. Getschow replied there was a typo on the annotated agenda, but the rest of the packet information is accurate. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the Public Hearing and to adopt Resolution No. 2016-86 amending the Comprehensive Plan. Motion carried 4-0. E. FIRST READING OF AN ORDINANCE APPROVING TEMPORARY HOUSING OPT-OUT Getschow said in May 2016, the Minnesota Legislature passed legislation to allow 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 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. Our current City Code does not permit temporary dwellings. He noted the temporary dwellings have several names including"granny pod" and"drop home." Getschow said cities have the option to opt out of the program,but must do so by September 1, 2016. Some of the logistics require that the structure be no larger than 700 square feet, that it be constructed off site, and that there be no ability to hook up to utilities. Our current code does not allow temporary dwellings, and staff feels this is not a program that we would want to participate in right now. He said staff could look into code for temporary dwellings or similar units if that is desired, CITY COUNCIL MINUTES MINUTES July 19 2016 Page 9 but we believe there are other options available. He was not aware we have had any requests for these dwellings. He was aware that other metropolitan communities are opting out and looking at their own approach to this. Aho was not sure such dwellings would work and asked if it would be something like a travel trailer. He asked what an individual would do for bathrooms, a water source and other utilities for the dwelling. Getschow replied the dwelling would come in on a trailer, and the water would be provided through a garden hose. There are concerns about provisions for water and sewer. There are specially-made pods available,but such units would still have all the issues outlined. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the Public Hearing and to approve first reading of the Ordinance to opt out of the requirements of Minnesota Statutes, Section 462.3593. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher Wickstrom,Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS A. EDEN PRAIRIE CENTER LANDSCAPING IMPROVEMENTS by Eden Prairie Center. Second reading of Ordinance 14-2016-PUD-9-2016 for Planned Unit District review on 35.32 acres. Location: 8251 Flying Cloud Drive. (Ordinance No. 14-2016- PUD-9-2016 for PUD District Review) Getschow said the City Council reviewed the request at a public hearing on December 1, 2015. At that time, the Council closed the public hearing and approved first reading of the ordinance. The Council directed staff to continue working with the applicant to accommodate additional screening of parking areas and enhancement of pedestrian access. Erica Christianson, representing LHB Architects, said they are back to respond to the discussion from the first project review last December. After reviewing the plans, they enhanced several areas of landscaping, especially around the entrances to the shopping center. There was an interest by City staff to improve the existing trail parallel to Flying Cloud Drive, and they have realigned that and brought it closer to Eden Prairie Center. There will be additional crosswalks and curb cuts through the parking medians and a striped crossing through the parking lot. The bike rack will be closer to the bike trail and a crosswalk will be added where the bike rack is. At the first project review the Council also expressed concern about the trees and the screening. They worked with an arborist on the tree plans, and now plan more screening at the entrance and will include a layer of shrubs. CITY COUNCIL MINUTES MINUTES July 19 2016 Page 10 Nelson asked if they have thought of adding some electrical outlets to have holiday lighting near the Regional Center Road entrance. Ms Christianson said they could look at that as there is power in that area. Ms Christianson said there will be a layering effect of trees and bushes at the Singletree Lane entrance, and they plan to add a hedge between the trees at the Den Road entrance. Tyra-Lukens commented the new plans have incorporated answers to a lot of the Council's concerns, and she thought it will look quite spectacular. The other Council Members agreed. Tyra-Lukens asked when they will get to Phase 2 of the project. Ms Christianson said it will be next year. MOTION: Aho moved, seconded by Butcher Wickstrom, to approve second reading of Ordinance No. 14-2016-PUD9-2016 for Planned Unit Development District review and Zoning District review within the Commercial Regional Service Zoning District on 35.32 acres; and to approve the development agreement. Motion carried 4-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS Getschow said one applicant'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: Butcher Wickstrom moved, seconded by Nelson, to appoint James Yoo to the Parks, Recreation and Natural Resources Commission as a Students on Commissions program representative. Motion carried 4-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Green Step Cities Recognition Tyra-Lukens said it was announced at the Minnesota Conference of Cities that Eden Prairie has achieved the highest level of completion of the GreenStep Cities program for our goals regarding sustainability. She displayed the award received for the Step 4 level, and noted this is a good reflection of our staff commitment to sustainability. CITY COUNCIL MINUTES MINUTES July 19 2016 Page 11 2. LoGo PEP Tyra-Lukens said the City applied for the Project for Energy Preparation (PEP)program which is funded by the U.S. Department of Energy and the Minnesota Department of Commerce. The program is designed to recognize leaders in energy innovation. There is no fee to participate in the program and will give us support of experts in terms of reducing greenhouse gas emissions and renewable energy. Getschow noted the kick-off will take place next week in the five cities participating in the program. 3. Star Tribune Best Workplace Tyra-Lukens said Eden Prairie was ranked 47th in the list of 150 mid-sized cities in the recent Star Tribune Best Workplace contest. She noted we were the only city in the entire list, and this is the third year we have received the recognition. 4. Bonfires—Mayor Tyra-Lukens Tyra-Lukens said she received some emails regarding having a change in our policy to allow bonfires within the City. She suggested we could do some checking into this to see if it is something we want to change. Some cities may allow bonfires, but may require a permit or payment of a fee. Aho said he does not have anyone near this home who burns bonfires regularly. He does have a fire pit in back of his home, but did not think it bothers any of his neighbors. Butcher Wickstrom asked about issues regarding air quality for those who may be bothered by smoke. Nelson noted it would be important to make certain a"no burning" advisory is not in place before starting a bonfire and to make sure people are using the proper containers. Tyra-Lukens asked if staff could bring back a status report on this. Getschow said there are regulations regarding the size and location of the fire and the need for a water source nearby. There would be concerns about sensitivity to wood smoke. He said staff will bring back a report. 5. Support for Local Police Departments—Council Member Aho Aho said, in light of recent attacks on police in several areas, he wanted to express how much we support and commend our local Police and Fire responders. Chief DeMann said he believes our staff are comfortable, but it is a time of uncertainty. He encouraged residents to show their support. Nelson said she appreciated how much our Police and Fire respond to our residents in a professional manner. CITY COUNCIL MINUTES MINUTES July 19 2016 Page 12 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 No. 2016-87 Approving Sale of a Portion of Real Property Commonly Known as 11201 Burr Rid2e Lane Ellis said the City of Eden Prairie acquired the parcel at 11201 Burr Ridge Lane in 2014 for a storm drainage system 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 property owner has a lot with very irregular boundaries and had a desire to see portions incorporated into his property. After conducting a study of the property, City staff concluded the City has no possible purpose for keeping it. The Assessing Department determined a price for the property at $2.00 per square foot, and staff determined the City would need a drainage and utility easement on the property. Staff developed a purchase agreement that was agreeable to the property owner. Staff recommends the resolution be adopted to approve the sale. Tyra-Lukens noted it seems like a win-win situation. MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2016-87 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. Motion carried 4-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:29 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 16, 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 Temporary Liquor Organization: Rotary Club of Eden Prairie Event: Vino Classico Date: October 08, 2016 Place: Eden Prairie Community Center Gym 16700 Valley View Road 2AM Closing Permit- Renewal Licensee name: The Tap House Restaurant Group, LLC DBA: Prairie Tap House - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 16, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Transit Oriented Development Janet Jeremiah/Julie Klima Ordinance Requested Action Move to: • Approve second reading of Ordinance amending Chapter 11 by adding Subd. 11.26 Transit Oriented Development; and • Adopt Resolution approving summary of the Ordinance and ordering publication of said summary. Synopsis This is the second reading of the ordinance to create Transit Oriented Development code language. Some amendments are proposed since first reading based upon public comments and further analysis. Background Information Staff has conducted extensive stakeholder outreach as a part of the preparation of the TOD ordinance. Prior to first reading of the ordinance, City staff conducted broad outreach efforts as follows: 1. kick-off meeting with City staff, City Council, Commissions and community and business stakeholders; 2. Eden Prairie Chamber of Commerce Government Committee (1 meeting); 3. Stakeholder Open House (1 meeting); 4. Individual meetings with representatives of the following businesses: a. Kraus Anderson (1 meeting) b. Optum (2 meetings) c. Liberty Property Trust(6 meetings) d. Emerson Rosemount (2 meetings) e. Evine Live (2 meetings) f. Bachmans (2 meetings) 5. City Council work session (1 meeting) 6. Conservation Commission review (1 meeting) 7. Planning Commission review(7 meetings) The 1st reading of the ordinance occurred on August 18, 2015. At that meeting, Liberty Property Trust provided a letter identifying questions related to the draft TOD ordinance. Staff has continued conversations with Liberty to gain an understanding of their concerns. These conversations have resulted in 2 additional meetings and many communications via phone calls and email since August 2015. During these conversations, Liberty has communicated concerns related to the landscaping requirements of the TOD being disproportionate; the limited amount of warehousing allowed within the TOD-E; a request that internal public open space (trails, etc.) within a property be excluded from the definition of public view due to concerns of potential impact to aesthetic standards for parking structures; and concerns related to properties potentially becoming non- conforming assuming that properties are ultimately guided and rezoned to TOD. As a result of these conversations, staff has conducted substantial analysis of the impacts of the proposed landscaping requirements on different size properties and is proposing some revisions to the ordinance for 2nd reading. These revisions specifically include: • Landscaping: o Revising the landscaping requirements to more thoroughly address the range of property conditions that exist in the anticipated TOD areas. The language requires landscaping to be provided based upon the on-site pervious surface area of a parcel. This allows for consideration of the differences between properties that are urban in nature compared to those that include a substantial amount of open space. Based upon staff's analysis (see attachment), the proposed 2nd Reading ordinance requires 3 caliper inches of trees for every 500 square feet of on-site pervious surface area for properties that contain up to 5 acres of on-site pervious area and 3 caliper inches of trees for every 750 square feet of on-site pervious surface area for properties that contain more than 5 acres of on-site pervious surface area. Undevelopable areas such as wetlands and pervious pavement areas are being excluded from the pervious surface calculation in order to prevent additional tree requirements for those areas. Liberty has communicated that it would prefer that the language be modified to require that landscaping requirements be calculated using the formula for 750 square feet of pervious on-site area only regardless of the amount of on-site pervious area. Staff is recommending the formulas using both the 500 and 750 square feet of on-site pervious surface area because staff analysis shows that the landscaping requirement proposed with the 500 square feet of on-site pervious surface area is attainable and appropriate within the sites that have a more urban character. The PUD process also provides a mechanism to address individual site conditions at the time of development. o Allowing additional flexibility for landscaping credit for planting beds or decorative planting containers that provide year round interest without being prescriptive of the specific species that are included in these areas; o Allowing existing healthy and species appropriate trees that will remain after development to count towards the landscaping requirements; o Allowing the use of alternative green features such as eco-grass, green roofs, limited irrigation, rainwater collection &reuse, and public art to be credited toward a portion of landscaping requirements as determined through the PUD process; o Allowing the flexibility to consider alternative usable open space areas to count toward the usable open space requirement through the PUD process. • Warehousing: o Staff is proposing to increase the allowable warehousing and distribution areas from 10%to 15% in the TOD-E areas; Liberty is suggesting that 20% is a preferred percentage. Due to the TOD areas initially expected to be limited to those areas in close proximity to the LRT station areas, staff believes that 15% is an appropriate percentage. Additionally, the PUD process within the TOD zoning district would allow the opportunity to review potential increases to warehouse percentages on a case by case basis assuming the property is ultimately guided and rezoned TOD (see Next Steps below for additional considerations on this topic). • Definitions: o Staff is proposing a definition of visitor parking to address the allowable surface parking in TOD; o Staff is proposing a definition of public open space. The draft TOD language requires that parking structures visible from public open space be architecturally complementary to the building(s) it serves. Staff is proposing that public open space include areas designated for use by the public such as a park, trail, sidewalk or plaza. Liberty has proposed the public open space internal to a site be exempted from this definition and therefore the architectural requirements for parking structures. Staff is proposing the broader language in order to provide consistency in expectations of the development community, as well as the visual impact from public areas. The PUD process will allow for the flexibility and opportunity to address site specific conditions, views and potential waivers. Other housekeeping revisions have been made to the 2nd reading ordinance. These include incorporation of public sidewalks and trails into the pedestrian and bicycle facilities standards subdivision and listing public infrastructure, antennas and towers as a permitted use which is consistent with all sections of City Code. Next Steps If the proposed TOD code language is adopted a series of next steps are proposed including updates to the Comprehensive Guide Plan and consideration of rezoning certain properties. Below are identified next steps if the TOD ordinance is adopted: 1. Review of the Comprehensive Guide Plan Language 2. Evaluation of the Comprehensive Guide Plan Land Use Map 3. Meetings with Property Owners to discuss staff's recommendations 4. Planning Commission and City Council Review of proposed Comprehensive Plan Changes 5. Metropolitan Council Review of Comprehensive Guide Plan and Language Changes 6. Potential implementation of zoning of certain properties for TOD and Town Center (additional public hearings would be required unless considered simultaneously with Comp Plan land use amendments subject to Met Council approval). Throughout the stakeholder outreach process, a consistent theme among the stakeholders was whether the proposed TOD ordinance would create a situation in which their respective properties became non-conforming. Staff will be recommending specific actions to address those concerns through the Comp Plan amendments. Specifically, as part of the Comp Plan mapping amendments, staff anticipates recommending that properties that are subject to an active and recently approved development plan (such as Liberty Plaza)not be rezoned to TOD unless the development proposal changes substantially or the approval expires. Within the Comprehensive Plan text amendment language, staff will be recommending specific triggers to address the timeline by which a property that is identified as TOD would be rezoned. For instance, a property might be designated as TOD on the Comp Plan Guide Map, and the text of the Comp Plan would identify that rezoning to TOD is not appropriate until such time as either the property redevelops or the site proposes an expansion of particular size (% of the existing building). Measures such as these would allow properties to maintain their conforming status until the conditions are suitable for TOD. The Comp Plan process is a separate public process that all affected property owners will have the opportunity to comment on and participate in. Once the ordinance is adopted and the Comp Plan designation established, property owners will also be able to request TOD zoning for their properties. Attachments 1. Proposed 2nd Reading Ordinance 2. Resolution for Summary Ordinance 3. Analysis of Landscaping Requirements 4. Redlined version of 1st Reading Ordinance (for comparison) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY ADDING SECTION 11.26 RELATING TO TRANSIT ORIENTED DEVELOPMENT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 11 is amended by adding Section 11.26 as follows: SECTION 11.26.TRANSIT ORIENTED DEVELOPMENT(TOD) Subd. 1.Purposes. The intent of the Transit Oriented Development(TOD)zoning ordinance is to provide for development of attractive, compact,pedestrian-friendly,high density,environmentally and economically sustainable,transit-oriented areas which allow a complementary mix of land uses.A TOD land use pattern supports transit system investments, optimizes development opportunities,and helps achieve many goals and policies outlined in the Eden Prairie Comprehensive Plan.To support the intent of Transit Oriented Development(TOD),the specific purposes of the TOD zoning districts are to: A. Promote high density development within convenient walking and biking distance of a transit station,including increased residential densities,employee densities,and non-residential floor area ratios(FARs); B. Accommodate a complementary mix of market-supportive land uses including residential,office,public (buildings,plazas,open spaces),light industrial,and where appropriate,select commercial uses; C. Ensure building and site design is oriented to public spaces—streets, sidewalks,plazas,open spaces,and the transit station—and emphasizes a pedestrian-friendly environment; D. Support an urban design pattern that encourages active living and healthy mobility choices,including walking, biking,riding scooters,and rollerblading,and other forms of pedestrian travel and includes accommodations for persons with disabilities to connect to transit; E. Promote strategies and designs that decrease parking needs and requirements,including compact/mixed-use development patterns,on-street parking,joint use parking,structured parking,access to transit and shuttle services,bike sharing,and car sharing; F. Incorporate public amenities such as parks and plazas,civic spaces,public art,landscaped streetscapes, benches,and sidewalks/trails that provide connections between development sites,transit, and the City's overall sidewalk/trail network; G. Incorporate urban design principles that promote the safety and comfort of residents,employees,visitors,and transit riders; H. Promote high quality and aesthetically attractive building forms that contribute to a positive City image,help to identify the unique characteristics of the location,and enhance the streetscape environment for pedestrians, bicyclists,transit riders,and vehicular drivers;and I. Incorporate sustainability practices relating to building lifespan such as reuse and recycling of materials,energy and water efficiency,storm water management,and economic resilience through lower operating costs. There are three(3)Transit Oriented Development(TOD)zoning districts: A. The TOD-Mixed Use(TOD-MU)district encourages high-density,mixed-use,and pedestrian-oriented development that supports transit usage. B. The TOD-Residential(TOD-R)district allows for moderate-to high-density residential development with some allowance for limited commercial uses. C. The TOD-Employment(TOD-E)district allows for moderate-to high-density office,light industrial and institutional development with some allowance for limited commercial uses. The individual TOD district standards are described in Subdivision 4. Subd.2.Definitions. A. Transit Oriented Development(TOD)is commonly described as a community or development that mixes residential,office,commercial and open space,and allows for convenient or direct access to public transportation. The design of TOD is specifically influenced by transit and focuses on walkability and connections to other sites as well as transit. B. 10-Minute Walkshed is the area surrounding each of an existing or planned commuter bus or light rail transit station that is accessible by walking within a 10-minute timeframe. C. Commercial Ready—a space constructed to meet a minimum ground floor height that accommodates retail/commercial use as established by City Code Chapter 11.The intent of Commercial Ready standard is to provide the flexibility to occupy ground floor space in accordance with market demand while allowing a future transition to retail/commercial uses as the market dictates. D. Pilaster is a shallow rectangular column placed on a building façade,typically as a decorative architectural element to provide articulation of the building façade. E. Ornamental grillwork is a decorative metal grate placed on a building façade to provide screening and architectural interest along a street front facade. F. Stacked Building is a multi-level structure comprised of single-floor or multi-floor units that are stacked vertically and connected with one or more shared entries.This building type is typically designed for residential,hospitality,or office uses. G. Attached Building is an individual structure on a parcel consisting of multiple similar units arranged side by side where each unit shares a common wall with the adjacent unit.All building entries are located at the ground level facing the primary street or facing a courtyard that is open to the street. H. Flex Building is a building designed to be versatile and may be used in combination with office,research and development,sales/showroom,industrial processing,distribution/warehousing,or high tech. I. Liner Building is a building designed to line the outside of a parking structure along a public street frontage with an active ground floor use.A liner building may also include active upper floors. J. Building Break—Include recesses in the building façade,material changes,or other methods of building articulation that break down the perceived scale of the building or create visual interest.Building breaks create the impression that one building is two or more buildings and improve the building's overall composition and aesthetic. K. Building Stepback—A setback of a building's upper floor(s)in order to reduce the building's bulk,articulate the base of the building,ensure a more comfortable street environment,and provide light and air at street level. L. Building Street Frontage—The proportion of a lot's frontage on a public street that is occupied by a building as measured at the required maximum front yard setback. Corner lots must meet maximum front yard setback requirements for both public street frontages. M. Building Transparency—Openings in the street-facing façade of a building which are transparent,including windows and doors that enable increased physical and/or visual interaction between street/sidewalk/plaza activities and a building's interior uses and activities. N. Drive-Thru Facilities—Facilities that accommodate automobiles and from which the occupants of the automobiles may make purchases or transact business,including the stacking spaces needed for waiting vehicles.Examples of drive-thru facilities include,but are not limited to,drive-up windows,menu boards, order boards or boxes,drive-in restaurants and drive-up banks. O. Joint Use Parking-A parking facility shared by two or more uses,tenants,or properties. P. Mixed-Use Building—A multi-story building that contains allowed retail and services on the ground floor and allowed residential and/or office uses on the upper floors. Q. Neighborhood commercial—Small scale retail stores and personal services primarily serving residential areas and nearby businesses and their employees and small scale specialty shops and services as further defined in the Comprehensive Plan. R. Flex Space:A use providing its occupants the flexibility of utilizing the space.Usually provides a configuration allowing a flexible amount of office or showroom space in combination with manufacturing, laboratory,warehouse distribution,etc. S. Visitor Parking:An off street,surface parking areas for motor vehicles that will be parked for short periods of time.Visitor parking does not include long term or all day employee parking or parking of delivery vehicles engaged in loading or unloading goods. T. Public Open Space: An area designated for use by the public such as a park,trail, sidewalk or plaza. Subd.3.Applicability. A Transit-Oriented Development(TOD)district shall apply to property zoned under this Section. Such properties will generally be within a 10-minute walkshed(the area within a 10-minute walking distance,or roughly a half- mile)of an existing or planned commuter bus or light rail transit station consistent with the Comprehensive Guide Plan. Nonconformities are governed under Minnesota Statutes 462.357,Subdivision 1.e as the same may be amended. Development proposals will be reviewed as part of the Site Plan and Architectural Design Review and Planned Unit Development process set out in City Code Chapter 11. Subd.4.District Development Standards. The following tables and diagrams include development standards for each of the three TOD zoning districts and are intended to illustrate the desired character,form,and scale of development within each district.Additional standards and required conditions that apply across all of the TOD zoning districts are addressed in Subdivisions 5 through 9 of this section. A. Development Standards: Transit Oriented Development-Mixed Use(TOD-MU) STATEMENT OF POLICY: The TOD-Mixed Use(TOD-MU)district encourages high-density,mixed-use,and pedestrian-oriented development that supports transit usage.The TOD-MU district is intended to generally be applied closest to the transit station.Buildings are mid-to high-rise structures with active ground floor uses.A mix of office,residential,hotel,and institutional uses,along with ground floor shops, services,and restaurants encourage activity throughout the day,and provide residents,visitors,transit riders,and employees with amenities and services that support their day-to-day needs within convenient walking distance. The specific permitted uses are set forth below in the chart titled Permitted Uses-TOD-MU District.The diagrams set out below are intended to illustrate the application of the above statement of policy. District Diagram- TOD MU District \ �� � :� \ P r jam ' \ - c'T�1' •� i L i r n I \`.\fir 6 p. oclQs \ .ei .�,pm a 6 os. ''°ei to m sp ,;,-' ' ;-- ' %14% IlIgN. - ----7 01. --,, %S:Li litt ''''''''"'''-,„.,„,,. ' ...-'''' ''''''- '' 141414,.„:1 i t .` 17S ,. .- „riff, ti k. I,iv 0 kr I, 0,.,TA ..,-,- .1 r \\V Land Use Character and Built Form- TOD MU District ti �4u �ID 67r•.G1& �' - 044C..: ` ,�m.¢� iron _ - - '•. l ' * 1 „��" g do m q a6 +d60 U^ Atli' -- - - -'GRAl{P ah' 'QII. ,, E064,pla0000, r • • o rr p Continuous p nl1Qb',gq rl� p pop gr,- r r • r i t l Street Wall `�L � \C],���Qill); �610000 pills, i ' r r r r r r 1 a Y q 4 IJ r a i r r rt r _ ---' Active roun. q4�L��I�� .'� - Ili r r L <„ - lip Floor Uses q�0 ' r NI --•-rV V L � 11 Awnings& � , . [ ti--® 11 Clear Windows / IA Shall. DI im Liner Buildingwith - `_ .f- , Setbacks Active Ground Floor Built Form Description: The TOD MU district features a high-density development pattern with stacked mixed-use buildings. Requirements for street-fronted architecture,minimal setbacks,and active ground floor uses contribute to a more safe and walkable street environment. To that end,parking is predominantly provided in structured or underground parking and is located away from primary transit streets. Permitted Uses—TOD-MU District Permitted Use Performance Standards Commercial 1. The ground floor in all buildings in the mixed use district - Neighborhood commercial shall be commercial along the primary transit street and - Restaurants and food service commercial ready along the secondary transit street. - Hotels/Hospitality/Lodging 2.Drive-thrus are only allowed when the drive-thru lanes are internally located within the parking structure. Office - Business and professional offices 3.Neighborhood Commercial individual tenant space shall Residential not exceed 10,000 sq.ft.in area with the exception of Multiple-Family Dwellings grocery stores,which shall not exceed 25,000 sq. ft. in area. Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Off-Street Vehicular Parking Standards—TOD-MU District Use f spaces spaces(max) Multiple-Family Residential 1/dwelling unit(d.u.) 1/bedroom Visitor(Residential) None 1/5 dwellings Retail Stores&Services 3/1,000 sq ft Gross Floor Area 5/1,000 sq ft(G.F.A.) (G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq ft(G.F.A.) 5/1000 sq ft(G.F.A.) Hotel 1/guest room+ 1/employee None Others As determined by site plan review. A parking demand study may be required. Proof of parking may be included as part of a parking demand study Performanc: IOW 111111 1.All off-street parking in the TOD-MU District shall be provided in an enclosed building or structure except as follows:residential visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2.The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process.Off-street parking requirements may be reduced if the applicant can demonstrate meeting the requirement through joint use,district,off-site,or on-street See Subdivision 6 for more on off-street parking standards. 3.Parking ramps facing a public street must be lined on the street-facing side with an active ground floor use or commercial ready space.If no upper floor uses are present the ramp must be appropriately screened as required in Subdivision 6. 4.For new development occurring within the TOD Districts,on-street parking along the use's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development.This count shall be rounded to the nearest whole number. 0 - _ II II IIII " � � jIIIIIiII Ilkd II,II II Ilk il II U a b �= 111 i; 1 IMI -[ f --- IMI � hI� � 0 L 4�I flI I-1l I-1 all I. . rrl leil "= 1" v7 $ 4— �� —max = _- Diagram of Lot and Building Standards- TOD MU District Density Standards-TOD MU District Performance Standards. Floor Area Ratio(FAR)' 1.5 min 1.Parking structures shall not be included in calculation of number of floors and FAR. Residential Density 40 dwelling units/acre min 2.The above diagram is intended to show the proportion of usable open space required,but not ' Lot Standards-TOD MU District the exact location or distribution. See Subdivision 8 for more requirements on usable open space. Lot Size None 3.Buildings exceeding 40 feet in width along a (a)Lot Width 50 ft min street are required to incorporate articulation in street-facing façades.Articulation includes recesses (b)Lot Depth 100 ft min in the building façade,material changes,or other 6 methods of building articulation that break down (c)Front Yard Setback(ft) 0 min; 10 max the scale of large buildings and create visual (d) Side Yard Setback(ft) 0 min interest. 4.Commercial Use ground floor windows facing a (e)Rear Yard Setback(ft) 0 min (g)Usable Open Space 2 7% primary transit street shall not preclude visibility. Impervious Surface Coverage 90%max 5.Within the Commercial Use all buildings shall have a primary entrance facing a public sidewalk or Building Standards-TOD MU District public open space.Building entrances must be provided at least every sixty(60)feet along the (h)Street Frontage 75%min primary transit street-facing facade of the building. (f)Total Height(#of floors) 4 min,max limited by 6.Front Yard Setbacks may be increased if outdoor language in the dining or usable open space is proposed as part of a Comprehensive Plan Planned Unit Development.Notwithstanding the diagram awnings,decks,overhangs,stairs,steps, retaining walls and structures,signs,or bicycle (i)Ground Floor Height 12 ft min parking,etc. shall not project into the public right of (j)Upper Floors Stepback(street 8 ft min way. facades only) (above 4 floors) (k)Façade Articulation(street every 40 ft max facades only)3 (1)Ground Floor Transparency 60%min (street facades only) Entry Spacing 6 60 ft(applicable to Commercial Uses only B. Development Standards: Transit Oriented Development-Residential(TOD-R) STATEMENT OF POLICY: The Transit Oriented Development—Residential(TOD-R)district allows for a mix moderate to high-density housing,including stacked and attached residential building types,as well as limited mixed-use development.Land uses in the TOD-R district shall be residential with a small amount commercial uses (ground floor retail,services,and restaurants)that support the day-to-day needs of residents.The TOD-R district shall generally be applied farther out from the transit station and provides more latitude in density and street frontage requirements while still promoting transit-supportive densities and pedestrian-oriented urban design.The specific permitted uses are set forth below in the chart titled Permitted Uses-TOD-R District. The diagrams set out below are intended to illustrate the application of the above statement of policy. District Diagram - TOD R District -, J f` : 1 A� 41 !r, .- ` `,' 1 0 \ \ ,, ' Off®*Y' , QB ei- ,','''''.',-,.-,- -„:„._ ,... ., ,,-- ,.... ,...woop. ---„, , .L 44- . �__.,` e. lipt a1A 0§-� p Ail* 1 Land Use Character and Built Form - TOD R District /� o -Qa �nr ❑.: °Ill h0 El 0 up on0��ri° ni��❑ ` ,lil:" ry=: F as d n [- j 0 Cl,,❑0 1:3 ❑a,,���atI� ,,y� 11A,, Qf� f District Diagram,Land Use Character and Built Form Description: The TOD-R district features stacked and attached residential building types,as well as mixed-use building with active ground-floor uses. Requirements for street-fronted architecture and structured parking contribute to a more safe and walkable street environment. Slightly deeper setbacks allow for additional landscaping,gardens,and small front or side yards. Street-facing architectural details such as porches, stoops,and balconies encourage social interaction and contribute to the safety and comfort of the public realm. Permitted Uses—TOD-R District Permitted Use Performance Standards Commercial 1.All commercial uses shall be limited to the street level - Neighborhood commercial floor of a building along primary transit streets. - Restaurants and food service 2.Neighborhood Commercial individual tenant space shall Office not exceed 10,000 sq.ft.in area with the exception of - Business and professional offices grocery stores,which shall not exceed 25,000 sq. ft. in area. Residential Multiple-Family Dwellings 3.Drive-thrus are only allowed when the drive-thru lanes Public are internally located within the parking structure. - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Off-Street Vehicular Parking Standards—TOD-R District Use [of spaces(min) #of spaces(max) Multiple-Family Residential 1 per dwelling unit 1/bedroom Visitor(Residential) None 1/5 dwellings Retail Stores&Services 3/1,000 sq ft(G.F.A.) 5/1,000 sq ft(G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq ft(G.F.A.) 5/1000 sq ft Other As determined by site plan review. A parking demand study may be required. Proof of parking may be included as part of a parking demand study Performance Standards 1.All off-street parking in the TOD-R sub-district shall be provided in an enclosed building or structure except as follows:Residential visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2.The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process.Off-street parking requirements can be reduced if the applicant can demonstrate meeting the requirement through joint use,district,off-site,or on-street parking. See Subdivision 6 for more on off- street parking standards. 3.Parking ramps facing a public street must be must be appropriately screened—as required in Subdivision 6. 4.For new development occurring within the TOD Districts,on-street parking along the use's lot frontage may count towards the parking requirements if reviewed and approved through a Planned Unit Development.This count shall be rounded to the nearest whole number. Diagram of Lot and Building Standards- TOD R District II 11 a 0 Ilti Il 11 [I 11 II U t111d IIdi 0 1110 p u 11 II I� u1 l� f IM1 tl Fri Ill 111 111 Ifl all II O O _ utl 001 I 11 11111/ Eljul J -0 Density Standards-TOD R District Performance Standards Residential Density 25 dwelling units/acre 1.Parking structures shall not be included in min calculation of number of floors and FAR. Lot Standards-TOD R District 2.The above diagram is intended to show the proportion of usable open space required,but not the Lot Size None exact location or distribution. See Subdivision 8 for more requirements on usable open space. (a)Lot Width 50 ft min 3.Buildings exceeding 30 feet in width along a street (b)Lot Depth 100 ft min are required to incorporate articulation in street- facing facades.Articulation includes recesses in the (c)Front Yard Setback(ft)6 0min;20 max (d) Side Yard Setback(ft) 10 min building façade,material changes,or other methods of building articulation that break down the scale of (e)Rear Yard Setback(ft) 20 min large buildings and create visual interest. (g)Usable Open Space 2 10% 4.Commercial Use ground floor windows facing a primary transit street shall not preclude visibility. Impervious Surface Coverage 75%max 5.Within the Commercial Use all buildings shall Building Standards-TOD R District have a primary entrance facing a public sidewalk or public open space.Building entrances must be (h) Street Frontage 60%min provided at least every sixty(60)feet along the primary transit street-facing facade of the building. (f)Total Height(#of floors) 2 min,max is limited by language in the 6. Front Yard Setbacks may be increased if outdoor Comprehensive Plan dining or usable open space is proposed as part of a Planned Unit Development.Notwithstanding the diagram awnings,decks,overhangs,stairs,steps, retaining walls and structures,signs,or bicycle (i)Ground Floor Height 10 ft min parking,etc. shall not project into the public right of way. (j)Upper Floors Stepback(street 8 ft min facades only) (a building step back is required above 4 floors and encouraged below 4 floors) (k)Façade Articulation(street Every 30 feet facades only)3 (1)Ground Floor Transparency 40%min (street facades only)4 Entry Spacing 5 60 ft(applicable to Commercial Uses only) C. Development Standards: Transit Oriented Development-Employment(TOD-E) STATEMENT OF POLICY: The Transit Oriented Development-Employment(TOD-E)district allows for a mix of moderate-to high-density office,light industrial and institutional development with some allowance for limited commercial uses.The TOD-E district allows stacked office and mixed use buildings as well as multi-story flex buildings that can accommodate a range of living wage employment opportunities at higher densities.Retail, services,and showrooms are allowed in the district but limited to smaller scale businesses that support the needs of district employees or complement existing light industrial or office uses.The TOD-E district would generally be applied farther out from the transit station and provide more latitude in density and street frontage requirements while still promoting transit-supportive densities and pedestrian-oriented urban design.The diagrams set out below are intended to illustrate the application of the above statement of policy. District Diagram- TOD E District ice- � /` `il`!" :Ill...ii,;#••.1311,....., :il,:: 2:,,,,__.:::''.111111110111'.'-'.:1: :_i ii`; , 11'l :;:,,, ,:, Land Use Character and Built Form - TOD E District — — it 1 ijhi: - a �1.114 �;r ii���pa na Vd r00ilhnN 1' >t % g, _ _ ,:: !' ,l qq tl, 1 �Q Q rJ f 1i0li ,n -----: 11411iir.4114411 zugh.111: 010 / y 4 4 rr r,'1���/ �` s i�I, %,,,;p. / f District Diagram,Land Use Character and Built Form Description: The TOD-E district features stacked office and mixed use buildings,as well as multistory flex buildings.Requirements for street-fronted architecture contribute to a more safe and walkable street environment. Slightly deeper setbacks allow for additional landscaping,plazas,and other types of open space. Street adjacent features such as a canopy, awnings,plazas,and courtyards create a safe and welcoming environment. Permitted Uses—TOD-E District Permitted U • Performance Standards Commercial 1.The ground floor in all buildings in the TOD-E district - Neighborhood commercial shall be commercial ready along the primary transit street. - Restaurants and food service 2.Neighborhood Commercial individual tenant space shall not exceed 10,000 sq.ft.in area with the exception of Office grocery stores,which shall not exceed 25,000 sq. ft. in area. - Business and professional offices 3.Drive-thrus are only allowed when the drive-thru lanes Light Industrial are internally located within the parking structure. - Manufacturing 4.Warehouse and Distribution shall be permitted in the - Research and design Light Industrial district as an accessory use. Warehouse - Wholesale and Distribution shall not exceed 15%of the Gross Floor - Processing Area of a structure. - Packaging - Showroom - Assembling - Compounding - Flex space - Live/work space such as artist lofts Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Off-Street Vehicular Parking Standards—TOD-E District 41111 #of spaces mi' Jim_ • s s . • (g. Retail Stores&Services 3/1,000 sq ft(G.F.A.) 5/1,000 sq ft(G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq ft(G.F.A.) 5/1000 sq ft(G.F.A.) Others As determined by site plan review. A parking demand study may be required. Proof of parking may be included as part of a parking demand study Performance Standards 1.All off-street parking in the TOD-E District shall be provided in an enclosed building or structure except as follows:visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2.The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process. Off-street parking requirements can be reduced if the applicant can demonstrate meeting the requirement through joint use,district,off-site,or on-street parking. See Subdivision 6 for more on off-street parking standards. 3.Parking ramps facing a public street must be must be appropriately screened as required in Subdivision 6. 4.For new development occurring within the TOD Districts,on-street parking along the use's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development. This count shall be rounded to the nearest whole number. Diagram of Lot and Building Standards- TOD E District fill �® d 0 I i �' Mf/ ul , - ' L ______ , , •.Nii j. j.Mu . 8 0 _ liar INC 0 oftlillioirilr Density Standards-TOD E District Performance Standards Floor Area Ratio(FAR)1 .5 min 1.Parking structures shall not be included in calculation of number of floors and FAR. ' Lot Standards-TOD E District 2.The above diagram is intended to show the Lot Size None proportion of usable open space required,but not the exact location or distribution. See Subdivision 8 for (a)Lot Width 100 ft min more requirements on usable open space. (b)Lot Depth 100 ft min 3.Buildings exceeding 50 feet in width along a street are required to incorporate articulation in street- (c)Front Yard Setback(ft)6 0 min;20 max facing facades.Articulation includes recesses in the building facade,material changes,or other methods (d) Side Yard Setback(ft) 20 min of building articulation that break down the scale of (e)Rear Yard Setback(ft) 20 min large buildings and create visual interest. 4. Commercial Use ground floor windows facing a (g)Usable Open Space 2 5% primary transit street shall not preclude visibility. Impervious Surface Coverage 75%max 5.Within the Commercial Use all buildings shall have a primary entrance facing a public sidewalk or Building Standards-TOD E District public open space.Building entrances must be (h) Street Frontage 60%min provided at least every sixty(60)feet along the primary transit street-facing facade of the building. (f)Total Height(#of floors)1 2 min,max is limited 6.Front Yard Setbacks may be increased if outdoor by language in the dining or usable open space is proposed as part of a Comprehensive Plan Planned Unit Development.Notwithstanding the diagram awnings,decks,overhangs, stairs, steps, retaining walls and structures, signs,or bicycle parking,etc. shall not project into the public right of (i)Ground Floor Height 10 ft min (j)Upper Floors Stepback(street 8 ft min way. facades only) (a building step back is required above 4 floors and encouraged below 4 floors) (k)Façade Articulation(street Every 50 feet facades only)3 (1)Ground Floor Transparency 60%min (street facades only) Entry Spacing 5 60 ft (applicable to Commercial Uses only) Subd.5.Building Standards. All buildings shall provide pedestrian-oriented design features along streets,sidewalks,pedestrian ways,and pedestrian areas.Buildings and developments shall comply with the following standards for building design and pedestrian orientation: A. Buildings shall have a primary entrance facing a public sidewalk or public open space. B. Primary building entrances shall be architecturally emphasized and highly visible from the street, sidewalk,or pedestrian way,utilizing design features such as protruding or recessed entryways,awnings,canopies,pillars, unique building materials and/or architectural details.Residential buildings shall incorporate elements such as porches,stoops,and balconies that enhance the safety and comfort of the public realm. C. Buildings are required to incorporate articulation in street-facing façades that improves the building's overall composition and aesthetic,and contributes to a more aesthetically and visually interesting and walkable street environment.Articulation includes recesses in the building facade,material changes,or other methods of building articulation that break down the perceived scale of the building or create visual interest. Subd.6.Off-Street Vehicle Parking Standards A. Parking structures shall be located behind buildings or located along secondary streets. B. Parking structure facades visible from public streets and public open space shall architecturally complement the building or buildings the parking structure serves through the use of exterior materials,architectural elements, and color.Parking structures shall include architectural elements that enhance the structure,break up its mass, and complement the building or buildings the parking structure serves.Examples of specific architectural elements that assist in meeting this requirement include decorative piers and pilasters,banding,reveals, architectural accents,wall plane articulation,decorative artwork,ornamental grillwork,recessed window openings,façade treatment variations,and locating tenant signs on the side of parking ramps. C. Parking structures may also incorporate liner buildings that screen the parking structure with active street-level uses.Liner building may include upper floor uses,or may utilize appropriate architectural elements as described above. Subd.7.Pedestrian and Off-Street Bicycle Facility Standards. A. Public sidewalks and/or trails may be required to be constructed by the applicant in conformance with the Comprehensive Guide Plan and/or approved City Pedestrian and Bicycle plan. Design shall conform to the requirements of the City Engineer,Parks and Recreation Director or designee. B. An off-street sidewalk or multi-use trail shall be provided by the applicant that connects the front door of the building to adjacent public sidewalks or trails that are either existing or part of an approved city trail plan or CIP. C. Off-Street Bicycle parking shall be provided at the following ratios at the time of initial certificate of occupancy or enlargement of a structure: 1. Office-minimum of 10 spaces,plus 1 space per 7,500 square feet of gross floor area. 2. Commercial—minimum of 10 spaces,plus 1 space per 3,500 square feet of gross floor area. 3.Public—minimum of 10 spaces,plus 1 space per 3,500 square feet of gross floor area. 4.Light Industrial—minimum of 10 spaces,plus 1 space per 10,000 square feet of gross floor arca. 5.Residential- 1 space per 2 dwelling units. D.Location.Bicycle parking shall be located within 50 feet of the primary building entrance(s)and shall not obstruct sidewalks except as approved through a shared bicycle plan as referenced in Sub. 6. G. E.Bicycle racks shall be securely anchored to the ground and on a hard surface. Up to 25 percent of bicycle parking may be temporary or seasonal,but all temporary or seasonal bicycle parking shall be included within the proof of bicycle parking plan. F.Covered spaces.If twenty(20)or more bicycle spaces are required,then at least fifty(50)percent of the required bicycle spaces shall be covered. Coverage may be provided under roof overhangs or awnings,in bicycle lockers, indoor room,fenced in corral,within adjacent parking structures,or within underground parking structures. G. Shared Bicycle Parking. Shared off-street bicycle parking facilities are allowed to collectively provide bicycle parking in any district for more than one structure or use. The property owner or applicant shall demonstrate meeting the requirement through a joint use,district or shared parking agreement. H.Proof of Bicycle Parking.If it is demonstrated that the required bicycle parking is in excess of the actual demand,all of the required bicycle parking need not be constructed initially. The area of future parking shall be landscaped,but that landscaping shall not be used to satisfy landscaping requirements.Any spaces not constructed, as shown on the site plan,shall be constructed when determined necessary by the City Planner(or designee). The City Planner(or designee)shall notify the property owner in writing of the need to construct additional proof of bicycle parking spaces. No more than 50 percent of bicycle parking stalls shall be placed in proof of bicycle parking. Subd.8.Landscaping and Open Space Standards. A. All sites and buildings within the TOD district shall comply with Screening and Landscaping standards established in Section 11.03 Subd 3(G)of Chapter 11 of the City Code,except for Items 4. (a).Minimum Size Requirements for Plantings and 4. (b)Total Caliper Inches Required.The following standards apply within the TOD district in lieu of said Items 4.(a)and 4.(b): 1. Minimum Size Requirements for Plantings:Deciduous overstory plantings shall be a minimum of three(3)caliper inches;deciduous understory trees shall be a minimum of two(2)caliper inches;and coniferous trees shall be a minimum of eight(8)feet in height. 2. Total Caliper Inches Required: Sites with up to 5 acres of on-site pervious area require a minimum of three(3)caliper inches of trees for every 500 square feet of the on-site pervious surface area. Sites with 5 acres or greater of on-site pervious area require a minimum of three(3)caliper inches of trees for every 750 square feet of the on-site pervious area.Pervious pavement areas,green roofs,and undevelopable areas including but not limited to:wetlands,floodways,archeological resource areas, and water bodies are excluded from the on-site pervious surface area calculation. 3. Planting beds and/or decorative planting containers may replace up to 50%of the required caliper inches for trees at a rate of three(3)caliper inches of trees per 500 square feet of cumulative planting beds and/or decorative planting containers. 4. Planting Beds and/or Decorative Planting Containers: Each planting bed or container shall include a variety of plants which may include shrubs,ornamental grasses,ground cover,vines,annuals,or perennials to provide year round color and interest. Native plant species to the local hardiness zone and those which provide interest and/or color in the winter are encouraged. 5. Existing trees on the developable portions of the site that will remain after construction and/or existing trees on the overall site that provide benefits such as screening may be considered as counting toward a portion of the caliper inches required by this section as determined through the PUD process. Any existing trees proposing to remain shall be determined to be healthy and of the appropriate species as determined by the City. 6. Eco-grass,green roofs,rooftop gardens,limiting irrigation through exeriscaping and rainwater collection and reuse,public art,and other sustainable practices related to landscaping may be considered as counting toward a portion of the caliper inches required by this section as determined through the PUD process. B. Due to the urban character of the TOD District,less landscaping space will be available typically than in other zoning districts.Therefore a higher level of landscaping design detail is required for the concentrated open space,pervious surface areas,plazas,planters,screening areas and streetscape areas.Examples of a higher level of landscaping design include rooftop gardens and green roofs,both of which are encouraged.A detailed landscape plan prepared by a landscape architect shall be submitted with the development application.Other privately owned amenities are encouraged,such as plazas,courtyards,fountains,outdoor art,roof top gardens and green roofs,and other decorative elements. C. The following privately owned and maintained Usable Open Space forms are permitted to meet the requirements for usable outdoor open space: 1. Pocket Park:A Pocket Park is an open space of no less than.05 acres in size that is available for recreation.A Pocket Park may be spatially defined by landscaping rather than building frontages and may be linear in form or shape.A pocket park may consist of a landscaped and maintained lawn,trees,and seating areas that are naturalistically disposed. 2. Square: An open space available for passive recreation and civic purposes.A Square Usable open Space is spatially defined by building frontages.Its landscape shall consist of paths,lawns,trees, hardscape,and public art formally disposed. Square Usable Open Spaces shall be located at the intersection of important main streets. There shall be no minimum size for a square. 3. Plaza:An open space available for public use,community events,and/or commercial activities.A Plaza Usable Open Space shall be spatially defined by building frontages. Its landscape shall consist primarily of hardscape,plantings,public art,and trees.There shall be no minimum size for a Plaza. 4. Play Area:An open space designed and equipped for the recreation of children.A Play Area shall be fenced and may include an open shelter.Play areas shall be interspersed within residential or mixed use areas and may be placed within a block.Play areas may be included within parks and greens.There shall be no minimum or maximum size. 5. Pedestrian way:Natural or landscaped walking paths and running trails. D. The following shall not constitute Useable Open Space: landscape strips or enlargements/enhancements of landscaping areas adjacent to the sidewalk; shrubs,flowers and other low profile landscaping around buildings,sidewalks and parking areas;required minimum building setback areas;yards associated with private dwellings;or outdoor areas that prohibit public or tenant access during normal business hours. Alternative useable open space areas may be considered as counting toward a portion of the useable open space requirement of this section as determined through the PUD process. Subd.9. Supplemental Analysis or Study. A. Traffic All development and zoning projects in the TOD District require documentation of the expected traffic impacts of the development. The extent of the traffic analysis is dependent on several factors including the size,type,and location of the development. The City Engineer should be contacted early in the project to determine the appropriate scope of traffic analysis and to determine if a formal Traffic Impact Study is required. All development applications,regardless of size,shall document the size and type of the proposed development and provide Daily,AM Peak,and PM Peak traffic generation estimates for the development. B. TDM All new development applications for office and light industrial uses shall include a Travel Demand Management(TDM)plan. The plan shall document TDM measures to be implemented,a two year budget, and an evaluation plan. TDM strategies that shall be considered in the TDM plan include,but are not limited to,financial incentives for carpoolers,vanpoolers and bicyclists,subsidized transit passes, preferential location of carpool/vanpool parking,bicycle racks and storage,access to shower and lockers, and promotion of commuter programs. As a condition of approval a TDM performance bond,cash escrow,letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 100%of the cost of implementing the first two years of the TDM Plan will be required.All new residential development applications should consider TDM strategies such as bikeshare and carshare memberships,subsidized transit passes,and an information kiosk onsite. C. Parking All development and zoning projects in the TOD District require documentation of the parking plan for the project site including the number of required parking spaces,the number of provided parking spaces and any proposed use of proof of parking. The location and quantity of parking will be reviewed on a case-by— case basis as part of the development review process. Dependent on the specifics of the parking plan for the project site a formal Parking Study may be required. The City Planner should be contacted early in the project to review the parking plan for the project and to determine if a formal Parking Study is required. Subd. 10.Architectural Standards. All buildings shall comply with Architectural Standards established in Section 11.03 Subd 3(K)of Chapter 11 of the City Code. Subd. 11.Signage. All sites and buildings shall comply with Sign Permits standards established in Section 11.70. Subd. 12.Lighting. All sites and buildings shall comply with Glare standards established in Section 11.03. Subd. 13. Mechanical Equipment, Trash, Loading Facilities. All sites and buildings shall comply with the Screening standards in Section 11.03 Subd 3(G), Off-Street Loading Facilities standards in Section 11.03 Subd 3(I), Trash and Recycling standards in Section 11.03, Subd. 3(M), and Wastes standards in Section 11.03 Subd 4(F) of Chapter 11 of the City Code. Subd. 14. Tree Replacement. Property within the TOD zoning districts shall be exempt from the Tree Replacement Plan Requirements provided in Section 11.55,Subd.4. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of August, 2015 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 16th day of August, 2016. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO._-2016 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. _-2016 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 16th day of August, 2016. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. _-2016 is lengthy and contains charts. B. The text of summary of Ordinance No. -2016, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _-2016 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on August 16, 2016. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY ADDING SECTION 11.26 RELATING TO THE CREATION OF A TRANSIT ORIENTED DEVELOPMENT ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance amends Chapter 11, by adding Section 11.26 to create a Transit Oriented Development (TOD) Zoning District. The intent of the Transit Oriented Development (TOD) zoning ordinance is to provide for development of attractive, compact, pedestrian- friendly, high density, environmentally and economically sustainable, transit-oriented areas which allow a complementary mix of land uses. The Ordinance establishes three sub-districts within the TOD zoning district. The TOD-Mixed Use (TOD-MU) district encourages high- density, mixed-use, and pedestrian-oriented development that supports transit usage. The TOD- Residential (TOD-R) district allows for moderate- to high-density residential development with some allowance for limited commercial uses. The TOD-Employment (TOD-E) district allows for moderate- to high-density office, light industrial and institutional development with some allowance for limited commercial uses. The Ordinance sets forth performance standards, permitted uses, lot and building standards, parking standards, and landscaping and open space standards. The Ordinance also sets forth standards related to supplemental analysis or study, architecture, signage, lighting, mechanical equipment and tree replacement. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2016. (A full copy of the text of this Ordinance is available from City Clerk.) TOD Landscaping Analysis - May 27, 2016 u .ecs Drat.:.eea srr ..iee GOPHER STATE ONE CALL Tn%n City weo s.5,-sgq-p�3 ur.-Sal Free t-am-3S3-:Is6 ', --- II I I - Phew 1 Plant Schedule t r •' +t�ti • 1v` ���� .' 0 - -1. z l''''' .1:;"-------j-,,-.,,,, L.-- ,,,v • . kllIII�IIIi ' � ss v'� t� I k� V�������\��VO��\ � • l � f.�� `� Candace Required r c.A: . Illlillihllllti5',. 6...y.1 7�.�i-il'I'ci't,LJ \VAS �A f ;ii. .,Clu. 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'R ccsx. a• f Iiklr 1 113 IIIf1[illllo -IIIIlf7 1}IIIII Itfi I F I IE I[1l Il -��. ' ' 4:e� , V E° , °l 5 215 320 sf of pervious area ate .c[�.L�.✓.'"1 ffi8 a r c s (' / ]RPM 5**• .CNC, aE µ'+^'R Q a4,dy pG wG4 v?R87,a, P _ l itfr r p Aftrealli ARN -- 215,320/500 = 431 x 3 = 1,292 cal inches ti uc B,S T�➢grail Evergreen Tree Detail The Plan includes: �� 758 caliper inches (just trees) =� Need 534 caliper inches to meet standard H. uvm ax vs NP ss NOT FOR CONSTRUCTION LIBERTY „., ...._,_...�.,..�.,. __ ......— ._. Liberty Propertyt p landscape and Tree /)� _� a. _. aide l''''''''-- '''' I'"''' i rty Trust Replacement p� Pam Pr. 1 e 100]Mbinee,Peleeebn,l S,ke:,ine GOPHE i�,y Nue ONE•STATE CALL Oa Foundation Planting Plan ill ,.,,,,, t, To Reach 1,292 caliper inches 4 ,' �� Need 534 caliper inches 0 lli _ l _ _ ,. V� 1t; \ ,v ; To reach 534 caliper inches with 414' ,\ • Lr \�` planting beds a.it,� . p g 44.` ' `-' Need 89,000 s.f. of planting beds ��� .-�- 4► - 89,000/500 = 178 x 3 = 534 ►� uildin fW �w ,�, m ` ; ° '�` g °Otpr,nt32 0 Of ! 2,77 times the building footprint . • -•' I..., _\ per 4, °FFcEseo�r if S.f .... F -� r At 128 Qo pot lijr -- sDINc i It%. Green = Proposed Planting Beds � " . lift",... +.44,4*- -',./ ;-.7.;. " - tjli -- — ; - -- ._ _ Cover 13,427 square feet �o. ler�' 0. "c-'":1 ;1_,,,,,,,,), �1� 13 427/500 = 26,85 x 3 = 81 cal. Inch i. fis► (= -„aA ' 0 .•ole Pink = Potential Planting Beds t - r - ' 11 Cover 5,250 square feet `� - - 1 : :�. 1 :._:..v. t y� . Ieepuv!l— Liberty Property Trust 5,250/500 = 10.5 x 3 = 32 cal. Inch Green + pink = 113 caliper inches El nlyijailm-A•00"P ---"Iiir it, i i�K, V 4 ' iv. : - �' -w�T f ■mow I Il1il _ I , _d • .a s u F y 1 -i! -.) w - . 11 .!; , y .a. ., , , ft . . . 1 i' w.�wrr fie+ , .I - •' r ! pit :i! ' �i 4IL q1 4 4 ' Building footprint .�,�� ■■ 1 1t -77{ 118,000 s.f. �• �; N • 1 w z - �� . � � � �� � 1 i � 1 1N1 111�91t��� Ill � "1 .6J.......L-.1.6.-..-,1.-Aikai .-%IA A eih.E= . , I , I - Eiji 1 :ill 111:1 ii Loppummwa` . —ay _ ... I P ,r__ ----- .:-Ati es •-,si: lib te _ .„,........—t_. --- iirit____ 263,973 sf of pervious area To Reach 1,584 cal inches - Need 711 cal inches 263,973/500 = 528 x 3 = 1,584 cal inches To reach 711 caliper inches with planting beds Need 118,500 s.f. of planting beds Their Plan includes: 873 caliper inches (just trees) 118,500/500 = 237 x 3 = 711 Need 711 caliper inches to meet standard 15,890 sf planting areas = 95 caliper inches Project Name Pervious Area on Site Requirement Required 50%of total Landscape Plan 3 caliper 3 caliper 3 caliper inches 3 Caliper Caliper caliper inches Caliper Inches inches per inches per per 1500 sf Inches per 500 Inches 750 sf 1000 sf sf of pervious Hampton Inn 18,567 sf (.43 acres) 37 x 3 111 55.5 91 Brunswick 28,763 sf (.66 acres) 58 x 3 174 87 178 The Watertower 73,613 sf (1.69 acres) 147 x 3 441 220.5 384 Lincoln Parc 96,963 sf (2.22 acres) 194 x 3 582 291 594 130,680 sf(3.00 acres) 261 x 3 784 392 523 174,240 sf(4.00 acres) 348 x 3 1,045 522.5 696 Liberty(Office) 215,320 sf (4.94 acres) 431 x 3 1,293 646.5 107,750 sf 473 concept Plan-758 861 646 Walmart 263,973 sf (6 acres) 528 x 3 1,584 792 132,000 sf 968 1,055 792 528 304,920 sf(7 acres) 609 x 3 1,829 914.5 1,219 915 609 348,480 sf(8 acres) 696 x 3 2,090 1,045 1,393 1,045 696 392,040 sf(9 acres) 784 x 3 2,352 1,176 1,568 1,176 784 435600 sf(10 acres) 871 x 3 2,613 1,306.5 1,742 1,307 871 Liberty (Office/mixed-use) 408,971 sf (11.8 acres) 818 x 3 2,454 1,227 204,000 sf 531 concept 1,636 1,227 818 Proposed Ordinance Language All sites and buildings within the TOD district shall comply with Screening and Landscaping standards established in Section 11.03 Subd 3(G) of Chapter 11 of the City Code, except for Items 4. (a). Minimum Size Requirements for Plantings and 4. (b) Total Caliper Inches Required. The following standards apply within the TOD district in lieu of said Items 4.(a) and 4.(b): Minimum Size Requirements for Plantings: Deciduous overstory plantings shall be a minimum of three (3) caliper inches; deciduous understory trees shall be a minimum of two (2) caliper inches; and coniferous trees shall be a minimum of eight (8) feet in height. Total Caliper Inches Required: A minimum of three (3) caliper inches of trees shall be provided for every 500 square feet of on-site pervious surface area of up to 5 acres and a minimum of three (3) caliper inches of trees shall be provided for every 750 square feet of on-site pervious surface area of 5 acres or greater. Undevelopable areas such as wetlands, floodways, archeological resource areas, water bodies and other undevelopable areas may be subtracted from the on-site pervious surface. Planting beds, and/or decorative planting containers can be counted toward some of the required caliper inches for trees using the following formula: ef—for every 500 square feet of planting beds and/or decorative planting containers three (3) caliper inches of trees can be replaced up to 50 percent of the caliper inches required for trees. Planting Beds and/or Decorative Planting Containers: ^ minimum of six (6) shrubsper-590 square feet of on-site pervious surface area. Each planting bed or container shall include a variety of species of plants which may include ' shrubs, ornamental grasses, ground cover, vines, annuals, or perennials to provide year round color and interest shall be included. Native plant species to the local hardiness zone and those which provide interest and/or color in the winter are encouraged. Existing trees on the developable portions of the site that will remain after construction and/or existing trees on the overall site that provide benefits such as screening may be counted toward the caliper inches required by this section as determined through the PUD process. Eco-grass, green roofs, rooftop gardens, limiting irrigation, rainwater collection and other sustainable practices related to landscaping may be counted toward the caliper inches required by this section as determined through the PUD process. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2015 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.26 RELATING TO TRANSIT ORIENTED DEVELOPMENT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. City Code Chapter 11 is amended by deleting Section 11.26 in its entirety and replacing it with the following: SECTION 11.26.TRANSIT ORIENTED DEVELOPMENT(TOD)ORDINANCE Subd.1.Purposes. The intent of the Transit Oriented Development(TOD)zoning ordinance is to provide for development of attractive, compact,pedestrian-friendly,high density,environmentally and economically sustainable,transit-oriented areas which allow a complementary mix of land uses.A TOD land use pattern supports transit system investments, optimizes development opportunities,and helps achieve many goals and policies outlined in the Eden Prairie Comprehensive Plan.To support the intent of Transit Oriented Development(TOD),the specific purposes of the TOD zoning districts are to: A. Promote high density development within convenient walking and biking distance of a transit station,including increased residential densities,employee densities,and non-residential floor area ratios(FARs); B. Accommodate a complementary mix of market-supportive land uses including residential,office,public (buildings,plazas,open spaces),light industrial,and where appropriate,select commercial uses; C. Ensure building and site design is oriented to public spaces—streets,sidewalks,plazas,open spaces,and the transit station—and emphasizes a pedestrian-friendly environment; D. Support an urban design pattern that encourages active living and healthy mobility choices,including walking, biking,riding scooters,and rollerblading,and other forms of pedestrian travel and includes accommodations for persons with disabilities to connect to transit; E. Promote strategies and designs that decrease parking needs and requirements,including compact/mixed-use development patterns,on-street parking,joint use parking,structured parking,access to transit and shuttle services,bike sharing,and car sharing; F. Incorporate public amenities such as parks and plazas,civic spaces,public art,landscaped streetscapes, benches,and sidewalks/trails that provide connections between development sites,transit,and the City's overall sidewalk/trail network; G. Incorporate urban design principles that promote the safety and comfort of residents,employees,visitors,and transit riders; H. Promote high quality and aesthetically attractive building forms that contribute to a positive City image,help to identify the unique characteristics of the location,and enhance the streetscape environment for pedestrians, bicyclists,transit riders,and vehicular drivers;and I. Incorporate sustainability practices relating to building lifespan such as reuse and recycling of materials,energy and water efficiency,storm water management,and economic resilience through lower operating costs. 1 There are three(3)Transit Oriented Development(TOD)zoning districts: A. The TOD-Mixed Use(TOD-MU)district encourages high-density,mixed-use,and pedestrian-oriented development that supports transit usage. B. The TOD-Residential(TOD-R)district allows for moderate-to high-density residential development with some allowance for limited commercial uses. C. The TOD-Employment(TOD-E)district allows for moderate-to high-density office,light industrial and institutional development with some allowance for limited commercial uses. The individual TOD district standards are described in Subdivision 4. Subd.2.Definitions. A. Transit Oriented Development(TOD)is commonly described as a community or development that mixes residential,office,commercial and open space,and allows for convenient or direct access to public transportation.The design of TOD is specifically influenced by transit and focuses on walkability and connections to other sites as well as transit. B. 10-Minute Walkshed is the area surrounding each of an existing or planned commuter bus or light rail transit station that is accessible by walking within a 10-minute timeframe. C. Commercial Ready—a space constructed to meet a minimum ground floor height that accommodates retail/commercial use as established by City Code Chapter 11.The intent of Commercial Ready standard is to provide the flexibility to occupy ground floor space in accordance with market demand while allowing a future transition to retail/commercial uses as the market dictates. D. Pilaster is a shallow rectangular column placed on a building facade,typically as a decorative architectural element to provide articulation of the building facade. E. Ornamental grillwork is a decorative metal grate placed on a building facade to provide screening and architectural interest along a street front facade. F. Stacked Building is a multi-level structure comprised of single-floor or multi-floor units that are stacked vertically and connected with one or more shared entries.This building type is typically designed for residential,hospitality,or office uses. G. Attached Building is an individual structure on a parcel consisting of multiple similar units arranged side by side where each unit shares a common wall with the adjacent unit.All building entries are located at the ground level facing the primary street or facing a courtyard that is open to the street. H. Flex Building is a building designed to be versatile and may be used in combination with office,research and development,sales/showroom,industrial processing,distribution/warehousing,or high tech. I. Liner Building is a building designed to line the outside of a parking structure along a public street frontage with an active ground floor use.A liner building may also include active upper floors. J. Building Break—Include recesses in the building facade,material changes,or other methods of building articulation that break down the perceived scale of the building or create visual interest.Building breaks create the impression that one building is two or more buildings and improve the building's overall composition and aesthetic. K. Building Stepback—A setback of a building's upper floor(s)in order to reduce the building's bulk, articulate the base of the building,ensure a more comfortable street environment,and provide light and air at street level. L. Building Street Frontage—The proportion of a lot's frontage on a public street that is occupied by a building as measured at the required maximum front yard setback.Corner lots must meet maximum front yard setback requirements for both public street frontages. 2 M. Building Transparency—Openings in the street-facing façade of a building which are transparent, including windows and doors that enable increased physical and/or visual interaction between street/sidewalk/plaza activities and a building's interior uses and activities. N. Drive-Thru Facilities—Facilities that accommodate automobiles and from which the occupants of the automobiles may make purchases or transact business,including the stacking spaces needed for waiting vehicles.Examples of drive-thru facilities include,but are not limited to,drive-up windows,menu boards, order boards or boxes,drive-in restaurants and drive-up banks. 0. Joint Use Parking-A parking facility shared by two or more uses,tenants,or properties. P. Mixed-Use Building—A multi-story building that contains allowed retail and services on the ground floor and allowed residential and/or office uses on the upper floors. Q. Neighborhood commercial—Small scale retail stores and personal services primarily serving residential areas and nearby businesses and their employees and small scale specialty shops and services as further defined in the Comprehensive Plan. R_Flex Space:A use providing its occupants the flexibility of utilizing the space.Usually provides a configuration allowing a flexible amount of office or showroom space in combination with manufacturing, laboratory,warehouse distribution,etc., Formatted:Font:(none) S. Visitor Parking: An off street,surface parking areas for motor vehicles that will be parked for short periods of time.Visitor parking does not include long term or all day employee parking or parking of delivery vehicles engaged in loading or unloading of goods. Formatted:(none) T. Public Open Space: An area designated for use by the public such as a park,trail,sidewalk or plaza, [Formatted:(none) • Formatted:Indent:Left: 0.25', No bullets or Subd.3.Applicability. l numbering A Transit-Oriented Development(TOD)district shall apply to property zoned under this Section.Such properties will generally be within a 10-minute walkshed(the area within a 10-minute walking distance,or roughly a half- mile)of an existing or planned commuter bus or light rail transit station consistent with the Comprehensive Guide Plan. Nonconformities are governed under Minnesota Statutes 462.357,Subdivision l.e as the same may be amended. Development proposals will be reviewed as part of the Site Plan and Architectural Design Review and Planned Unit Development process set out in City Code Chapter 11. Subd.4.District Development Standards. The following tables and diagrams include development standards for each of the three TOD zoning districts and are intended to illustrate the desired character,form,and scale of development within each district.Additional standards and required conditions that apply across all of the TOD zoning districts are addressed in Subdivisions 5 through 9 of this section. 3 A. Development Standards:Transit Oriented Development-Mixed Use(TOD-MU) STATEMENT OF POLICY: The TOD-Mixed Use(TOD-MU)district encourages high-density,mixed-use,and pedestrian-oriented development that supports transit usage.The TOD-MU district is intended to generally be applied closest to the transit station.Buildings are mid-to high-rise structures with active ground floor uses.A mix of office,residential,hotel,and institutional uses,along with ground floor shops,services,and restaurants encourage activity throughout the day,and provide residents,visitors,transit riders,and employees with amenities and services that support their day-to-day needs within convenient walking distance. The specific permitted uses are set forth below in the chart titled Permitted Uses-TOD-MU District.The diagrams set out below are intended to illustrate the application of the above statement of policy. District Diagram-TOD MU District =c�aR, ■. ,ri s yt: cg! t. , . 14: .7---, .., . I' 'Tan:it N In..:I q is go. % -' - [ f ,. .'4 " =�- Land Use Character and Built Form-TOD MU District .q `I'�* ,x � .- - n A rY:.. a R1l _ : Corsinuan r ,Or: El' r.• - r---e--- rrl _• a i III ` li r PA JY•.`.- - ■ a M i a i street Vial I '-i- �;..if i � � �� - ' 'er S■ Nil it III atr Win Grand i t 0- .--' i I i I a - Cieklf WrIdow . r. Liner Building with 8albads Adive Cxound Floor Built Form Description:The TOD MU district features a high-density development pattern with stacked mixed-use buildings.Requirements for street-fronted architecture,minimal setbacks,and active ground floor uses contribute to a more safe and walkable street environment.To that end,parking is predominantly provided in structured or underground parking and is located away from primary transit streets. 4 Permitted Uses—TOD-MU District Permitted Uses Performance Standards Commercial 1.The ground floor in all buildings in the mixed use - Neighborhood commercial district shall be commercial along the primary transit - Restaurants and food service street and commercial ready along the secondary - Hotels/Hospitality/Lodging transit street. Office - Business and professional offices 2.Drive-thrus are only allowed when the drive-thru lanes Residential are internally located within the parking structure. - Multiple-Family Dwellings Public 3.Neighborhood Commercial individual tenant space shall Public facilities and services not exceed 10,000 sq.ft.in area with the exception of Libraries grocery stores,which shall not exceed 25,000 sq.ft.in area. - Parks - Transit Facilities - Parking ramps, [Formatted:Font:12 pt,Bold Formatted:Indent:Left: 0.19", No bullets or public Intrastructure numbering (Formatted:Font:10 pt - Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Off-Street Vehicular Parking Standards—TOD-MU District #of spaces(min) #of spaces(max) Multiple-Family Residential 1/dwelling unit(d.u.) 1/bedroom Visitor(Residential) None 1/5 dwellings Retail Stores&Services 3/1,000 sq ft Gross Floor Area 5/1,000 sq ft(G.F.A.) (G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq ft(G.F.A.) 5/1000 sq ft(G.F.A.) Hotel 1/guest room+1/employee None Others As determined by site plan review. A parking demand study may be required. Proof of parking may be included as part of a parking demand study Perfori.• • 1.All off-street parking in the TOD-MU District shall be provided in an enclosed building or structure except as follows:residential visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2.The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process.Off-street parking requirements may be reduced if the applicant can demonstrate meeting the requirement through joint use,district,off-site,or on-street See Subdivision 6 for more on off-street 5 parking standards. 3.Parking ramps facing a public street must be lined on the street-facing side with an active ground floor use or commercial ready space.If no upper floor uses are present the ramp must be appropriately screened as required in Subdivision 6. 4.For new development occurring within the TOD Districts,on-street parking along the use's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development.This count shall be rounded to the nearest whole number. - 0 a k. - —__ �Inli itI'k 0 .,Yk.i , . �I II ii II I• d %. - 'ill i fit d O . -I . . . 1 0 !` 1 a J O Diagram of Lot and Building Standards-TOD MU District Density Standards-TOD MU District Performance Standards. Floor Area Ratio(FAR)' 1.5 min 1.Parking structures shall not be included in calculation of number of floors and FAR. Residential Density 40 dwelling units/acre min 2.The above diagram is intended to show the proportion of usable open space required,but not Lot Standards-TOD MU District the exact location or distribution.See Subdivision 8 for more requirements on usable open space. Lot Size None 3.Buildings exceeding 40 feet in width along a (a)Lot Width 50 ft min street are required to incorporate articulation in street-facing facades.Articulation includes recesses (b)Lot Depth 100 ft min in the building façade,material changes,or other (c)Front Yard Setback(ft)' 0 min; 10 max methods of building articulation that break down the scale of large buildings and create visual (d)Side Yard Setback(ft) 0 min interest. 5.Commercial Use ground floor windows facing a (e)Rear Yard Setback(ft) 0 min primary transit street shall not preclude visibility. (g)Usable Open Space 2 7% 6 Impervious Surface Coverage 90%max 6.Within the Commercial Use all buildings shall have a primary entrance facing a public sidewalk or Building Standards-TOD MU District public open space.Building entrances must be provided at least every sixty(60)feet along the (h)Street Frontage 75%nun primary transit street-facing facade of the building. (f)Total Height(#of floors)' 4 min,max limited by 7.Front Yard Setbacks maybe increased if outdoor language in the dining or usable open space is proposed as part of a Comprehensive Plan Planned Unit Development.Notwithstanding the diagram awnings,decks,overhangs,stairs,steps, (i)Ground Floor Height 12 ft min retaining walls and structures,signs,or bicycle parking,etc.shall not project into the public right of (j)Upper Floors Stepback(street 8 ft min way facades only) (above 4 floors) (k)Façade Articulation(street every 40 ft max facades only)4 (1)Ground Floor Transparency 60%min (street facades only)6 Entry Spacing 6 60 ft(applicable to Commercial Uses only B. Development Standards:Transit Oriented Development-Residential(TOD-R) STATEMENT OF POLICY: The Transit Oriented Development—Residential(TOD-R)district allows for a mix moderate to high-density housing,including stacked and attached residential building types,as well as limited mixed-use development.Land uses in the TOD-R district shall be residential with a small amount commercial uses (ground floor retail,services,and restaurants)that support the day-to-day needs of residents.The TOD-R district shall generally be applied farther out from the transit station and provides more latitude in density and street frontage requirements while still promoting transit-supportive densities and pedestrian-oriented urban design.The specific permitted uses are set forth below in the chart titled Permitted Uses-TOD-R District.The diagrams set out below are intended to illustrate the application of the above statement of policy. District Diagram-TOD R District C,,.1 .-{, ;. . .N,'. ,--. ,„¢. ETA-b' 4r.s ', =:�: -•.i.I+:'''': •lil'F`2 ' 'e� - I I mo' :.: •, r 4ij, 'i _ 4 � i.9 � i I+4 rJtp_ _ Land Use Character and Built Form-TOD R District T. : Izi OP"- �a d`' ��o 0 �- _ _� fi, ,� '-'•,....................._....-",....„.....:::...............,,..„.....,....1.......,...-1 ----.. U . --::>, ,56 CI Q' ag District Diagram,Land Use Character and Built Form Description: The TOD-R district features stacked and attached residential building types,as well as mixed-use building with active ground-floor uses.Requirements for street-fronted architecture and structured parking contribute to a more safe and walkable street environment.Slightly deeper setbacks allow for additional landscaping,gardens,and small front or side yards.Street-facing architectural 8 details such as porches,stoops,and balconies encourage social interaction and contribute to the safety and comfort of the public realm. Permitted Uses—TOD-R District 'ermitted Use Performance Standards Commercial 1.All commercial uses shall be limited to the street level - Neighborhood commercial floor of a building along primary transit streets. - Restaurants and food service 2.Neighborhood Commercial individual tenant space shall Office not exceed 10,000 sq.ft.in area with the exception of - Business and professional offices grocery stores,which shall not exceed 25,000 sq.ft.in area. Residential - Multiple-Family Dwellings 3.Drive-thrus are only allowed when the drive-thru lanes Public are internally located within the parking structure. - Libraries - Parks - Transit Facilities - Parking ramps. �(Formatted:Font:12 pt Public Infrastructure I Formatted:Indent:Left: 0.19", No bullets or l numbering - Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Off-Street Vehicular Parking Standards—TOD-R District #of spaces(minMME ) Multiple-Family Residential 1 per dwelling unit 1/bedroom Visitor(Residential) None 6 1/5 dwellings Retail Stores&Services 3/1,000 sq ft(G.F.A.) 5/1,000 sq ft(G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq ft(G.F.A.) 5/1000 sq ft Other As determined by site plan review. A parking demand study may be required. Proof of parking may be included as part of a parking demand study Performance Standards 9 1.All off-street parking in the TOD-R sub-district shall be provided in an enclosed building or structure except as follows:Residential visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2.The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process.Off-street parking requirements can be reduced if the applicant can demonstrate meeting the requirement through joint use,district,off-site,or on-street parking.See Subdivision 6 for more on off- street parking standards. 3.Parking ramps facing a public street must be must be appropriately screened—as required in Subdivision 6. 4.For new development occurring within the TOD Districts,on-street parking along the use's lot frontage may count towards the parking requirements if reviewed and approved through a Planned Unit Development.This count shall be rounded to the nearest whole number. Diagram of Lot and Building Standards-TOD R District e / . 0 ° Iwo. 0 • -0 r , Y➢-fr; � a . J Density Standards-TOD R District Performance Standards Residential Density 25 dwelling units/acre 1.Parking structures shall not be included in min calculation of number of floors and FAR. Lot Standards-TOD R District 2.The above diagram is intended to show the proportion of usable open space required,but not the Lot Size None exact location or distribution.See Subdivision 8 for more requirements on usable open space. (a)Lot Width 50 ft min 3.Buildings exceeding 30 feet in width along a street (b)Lot Depth 100 ft min are required to incorporate articulation in street- facing facades.Articulation includes recesses in the (c)Front Yard Setback(ft)6 0min;20 max 10 (d)Side Yard Setback(ft) 10 min building facade,material changes,or other methods of building articulation that break down the scale of (e)Rear Yard Setback(ft) 20 min large buildings and create visual interest. (g)Usable Open Space 2 10% 4.Commercial Use ground floor windows facing a primary transit street shall not preclude visibility. Impervious Surface Coverage 75%max 5.Within the Commercial Use all buildings shall Building Standards-TOD R District have a primary entrance facing a public sidewalk or public open space.Building entrances must be (h)Street Frontage 60%min provided at least every sixty(60)feet along the primary transit street-facing facade of the building. (f)Total Height(#of floors) 2 min,max is limited by language in the 6. Front Yard Setbacks may be increased if outdoor Comprehensive Plan dining or usable open space is proposed as part of a Planned Unit Development.Notwithstanding the diagram awnings,decks,overhangs,stairs,steps, retaining walls and structures,signs,or bicycle (i)Ground Floor Height 10 ft min parking,etc.shall not project into the public right of way. (j)Upper Floors Stepback(street 8 ft min facades only) (a building step back is required above 4 floors and encouraged below 4 floors) (k)Facade Articulation(street Every 30 feet facades only)3 (1)Ground Floor Transparency 40%min (street facades only)4 Entry Spacing 5 60 ft(applicable to Commercial Uses only) 11 C. Development Standards:Transit Oriented Development-Employment(TOD-E) STATEMENT OF POLICY: The Transit Oriented Development—Employment(TOD-E)district allows for a mix of moderate-to high-density office,light industrial and institutional development with some allowance for limited commercial uses.The TOD-E district allows stacked office and mixed use buildings as well as multi-story flex buildings that can accommodate a range of living wage employment opportunities at higher densities.Retail, services,and showrooms are allowed in the district but limited to smaller scale businesses that support the needs of district employees or complement existing light industrial or office uses.The TOD-E district would generally be applied farther out from the transit station and provide more latitude in density and street frontage requirements while still promoting transit-supportive densities and pedestrian-oriented urban design.The diagrams set out below are intended to illustrate the application of the above statement of policy. District Diagram-TOD E District "ylia = ' -::_. •p,�n : tilw :ii fir+ Land Use Character and Built Form-TOD E District J -ram i District Diagram,Land Use Character and Built Form Description: The TOD-E district features stacked office and mixed use buildings,as well as multistory flex buildings.Requirements for street-fronted architecture contribute to a more safe and walkable street environment.Slightly deeper setbacks allow for additional landscaping,plazas,and 12 other types of open space.Street adjacent features such as a canopy,awnings,plazas,and courtyards create a safe and welcoming environment. Permitted Uses—TOD-E District Performance Standards Commercial 1.The ground floor in all buildings in the TOD-E - Neighborhood commercial district shall be commercial ready along the primary - Restaurants and food service transit street. Office 2.Neighborhood Commercial individual tenant space Business and professional offices shall not exceed 10,000 sq.ft.in area with the exception of grocery stores,which shall not exceed Light Industrial 25,000 sq.ft.in area. - Manufacturing 3.Drive-thrus are only allowed when the drive-thru - Research and design lanes are internally located within the parking - Wholesale structure. - Processing 4.Warehouse and Distribution shall be permitted in - Packaging the Light Industrial district as an accessory use. - Showroom - Assembling Warehouse and Distribution shall not exceed 4015% - Compounding of the Gross Floor Area of a structure. - Flex space - Live/work space such as artist lofts Public - Public facilities and services - Libraries - Parks - Transit Facilities Parking ramps • Formatted:Indent:Left: 0.19", No bullets or Public Infrastructure numbering - Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 13 Off-Street Vehicular Parking Standards—TOD-E District Use #of spaces(min) #of spaces(max) Retail Stores&Services 3/1,000 sq ft(G.F.A.) 5/1,000 sq ft(G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq ft(G.F.A.) 5/1000 sq ft(G.F.A.) Others As determined by site plan review. A parking demand study may be required. Proof of parking may be included as part of a parking demand study Performance StaidStainds 1.All off-street parking in the TOD-E District shall be provided in an enclosed building or structure except as follows:visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2.The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process.Off-street parking requirements can be reduced if the applicant can demonstrate meeting the requirement through joint use,district,off-site,or on-street parking.See Subdivision 6 for more on off-street parking standards. 3.Parking ramps facing a public street must be must be appropriately screened as required in Subdivision 6. 4.For new development occurring within the TOD Districts,on-street parking along the use's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development.This count shall be rounded to the nearest whole number. 14 Diagram of Lot and Building Standards-TOD E District a D ih o v �® r 0 ►J Density Standards-TOD E District Performance Standards Floor Area Ratio(FAR)' .5 min 1.Parking structures shall not be included in calculation of number of floors and FAR. Lot Standards-TOD E District 2.The above diagram is intended to show the Lot Size None proportion of usable open space required,but not the exact location or distribution.See Subdivision 8 for (a)Lot Width 100 ft min more requirements on usable open space. (b)Lot Depth 100 ft min 3.Buildings exceeding 50 feet in width along a street are required to incorporate articulation in street- (c)Front Yard Setback(ft)6 0 min;20 max facing façades.Articulation includes recesses in the building façade,material changes,or other methods (d)Side Yard Setback(ft) 20 min of building articulation that break down the scale of (e)Rear Yard Setback(ft) 20 min large buildings and create visual interest. 4.Commercial Use ground floor windows facing a (g)Usable Open Space 2 5% primary transit street shall not preclude visibility. Impervious Surface Coverage 75%max 5.Within the Commercial Use all buildings shall have a primary entrance facing a public sidewalk or Building Standards-TOD E District public open space.Building entrances must be (h)Street Frontage 60%min provided at least every sixty(60)feet along the primary transit street-facing facade of the building. (f)Total Height(#of floors)' 2 min,max is limited by language in the Comprehensive Plan 6 Front Yard Setbacks may be increased if outdoor dining or usable open space is proposed as part of a Planned Unit Development.Notwithstanding the diagram awnings,decks,overhangs,stairs,steps, retaining walls and structures,signs,or bicycle (i)Ground Floor Height 10 ft min 15 (j)Upper Floors Stepback(street 8 ft min parking,etc.shall not project into the public right of facades only) (a building step back way. is required above 4 floors and encouraged below 4 floors) (k)Facade Articulation(street Every 50 feet facades only)3 (1)Ground Floor Transparency 60%min (street facades only)4 Entry Spacing 5 60 ft (applicable to Commercial Uses only) 16 Subd.5.Building Standards. All buildings shall provide pedestrian-oriented design features along streets,sidewalks,pedestrian ways,and pedestrian areas.Buildings and developments shall comply with the following standards for building design and pedestrian orientation: A. Buildings shall have a primary entrance facing a public sidewalk or public open space. B. Primary building entrances shall be architecturally emphasized and highly visible from the street,sidewalk,or pedestrian way,utilizing design features such as protruding or recessed entryways,awnings,canopies,pillars, unique building materials and/or architectural details.Residential buildings shall incorporate elements such as porches,stoops,and balconies that enhance the safety and comfort of the public realm. C. Buildings are required to incorporate articulation in street-facing facades that improves the building's overall composition and aesthetic,and contributes to a more aesthetically and visually interesting and walkable street environment.Articulation includes recesses in the building façade,material changes,or other methods of building articulation that break down the perceived scale of the building or create visual interest. Subd.6.Off-Street Vehicle Parking Standards • Formatted:Numbered+Level:1+ Numbering Style:A,B,C,...+Start at:1+ A. —Parking structures shall be located behind buildings or located along secondary streets. Alignment:Left+Aligned at: 0.25"+Indent B. C. Parking structure facades visible from public streets and public open space shall architecturally at: 0.5" complement the building or buildings the parking structure serves through the use of exterior materials, architectural elements,and color.Parking structures shall include architectural elements that enhance the structure,break up its mass,and complement the building or buildings the parking structure serves. Examples of specific architectural elements that assist in meeting this requirement include decorative piers and pilasters,banding,reveals,architectural accents,wall plane articulation,decorative artwork, ornamental grillwork,recessed window openings,facade treatment variations,and locating tenant signs on the side of parking ramps. D C. Parking structures may also incorporate liner buildings that screen the parking structure with active street-level uses.Liner building may include upper floor uses,or may utilize appropriate architectural elements as described above. Subd.7.Off-street Pedestrian/Bicycle Facility Standards. A. Public sidewalks and/or trails may be required to be constructed by the applicant in conformance with the Formatted:Font:10 pt Comprehensive Guide Plan and/or approved City Pedestrian and Bicycle plan. Design shall conform to the requirements of the City Engineer,Parks and Recreation Director or designee, [Formatted:Font:(none) A,B. An off-street sidewalk or multi-use trail shall be provided that connects the front door of the building to adjacent public sidewalks or trails that are either existing or part of an approved city trail plan or CIP. C_B-Off-Street Bicycle parking shall be provided at the following ratios at the time of initial certificate of Formatted:Outline numbered+Level:1+ occupancy or enlargement of a structure: Numbering Style:A,B,C,...+Start at:1+ Alignment:Left+Aligned at: 0"+Tab after: 1.Office-minimum of 10 spaces,plus 1 space per 7,500 square feet of gross floor area. 0.25"+Indent at: 0.25" 2.Commercial—minimum of 10 spaces,plus 1 space per 3,500 square feet of gross floor area. 3.Public—minimum of 10 spaces,plus 1 space per 3,500 square feet of gross floor area. 4.Light Industrial—minimum of 10 spaces,plus 1 space per 10,000 square feet of gross floor area. 5.Residential-1 space per 2 dwelling units. CD..Location.Bicycle parking shall be located within 50 feet of the primary building entrance(s)and shall not obstruct sidewalks except as approved through a shared bicycle plan as referenced in Sub.6.F.. 17 E.II,Bicycle racks shall be securely anchored to the ground and on a hard surface. Up to 25 percent of bicycle • I Formatted:Border:Left:(No border) parking may be temporary or seasonal,but all temporary or seasonal bicycle parking shall be included within the proof of bicycle parking plan. EF.Covered spaces.If twenty(20)or more bicycle spaces are required,then at least fifty(50)percent of the required bicycle spaces shall be covered.Coverage may be provided under roof overhangs or awnings,in bicycle lockers,indoor room,fenced in corral,within adjacent parking structures,or within underground parking structures. FG. Shared Bicycle Parking.Shared off-street bicycle parking facilities are allowed to collectively provide bicycle parking in any district for more than one structure or use. The property owner or applicant shall demonstrate meeting the requirement through a joint use,district or shared parking agreement. GH.Proof of Bicycle Parking.If it is demonstrated that the required bicycle parking is in excess of the actual demand,all of the required bicycle parking need not be constructed initially.The area of future parking shall be landscaped,but that landscaping shall not be used to satisfy landscaping requirements.Any spaces not constructed, as shown on the site plan,shall be constructed when determined necessary by the City Planner(or designee). The City Planner(or designee)shall notify the property owner in writing of the need to construct additional proof of I bicycle parking spaces. I No more than 50 percent of bicycle parking stalls shall be placed in proof of bicycle parking. • (Formatted:Indent:Hanging: 0.78" Subd.8.Landscaping and Open Space Standards. A. All sites and buildings within the TOD district shall comply with Screening and Landscaping standards established in Section 11.03 Subd 3(G)of Chapter 11 of the City Code,except for Items 4.(a).Minimum Size Requirements for Plantings and 4.(b)Total Caliper Inches Required.The following standards apply within the TOD district in lieu of said Items 4.(a)and 4.(b): 1. Minimum Size Requirements for Plantings:Deciduous overstory plantings shall be a minimum of three(3)caliper inches;deciduous understory trees shall be a minimum of two(2)caliper inches;and coniferous trees shall be a minimum of eight(8)feet in height. 2. Total Caliper Inches Required:Sites with up to 5 acres of on-site pervious area require Aa minimum of three(3)caliper inches of trees shall be provided for every 500 square feet of on-site pervious surface area or portion thereof.Sites with 5 acres or greater of on-site pervious area require a minimum of three(3)caliper inches of trees for every 750 square feet of the on-site pervious area. Pervious pavement areas,green roofs,and undevelopable areas including but not limited to:wetlands floodways,archeological resource areas,and water bodies are excluded from the on-site pervious surface area calculation, [Formatted:Font:12 pt,(none) 2,3. Planting beds and/or decorative planting containers may replace up to 50%of the required caliper inches for trees at a rate of of 500 square feet or more may replace three(3)caliper inches of trees per 500 square feet of cumulative planting beds and/or decorative planting containers. o -percent o the caliper inches required for trees. 4. Planting Beds and/or Decorative Planting Containers: ^ minimum ofcix(6)shrubs per 500 .------- -- Formatted:Outline numbered+Level:4+ square feet of on site pervious surface area.Each planting bed or container shall include a variety of Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Tab plants which may include shrubs,ornamental grasses,ground cover,vines,annuals,or perennials to after: 0.75"+Indent at: 0.75" provide year round color and interest.Native plant species to the local hardiness zone and those which provide interest and/or color in the winter are encouraged. A variety of species including shrubs, included. 5. Existing trees on the developable portions of the site that will remain after construction and/or existing trees on the overall site that provide benefits such as screening may be considered as counting toward a portion of the caliper inches required by this section as determined through the PUD process. Any existing trees proposing to remain shall be determined to be healthy and of the appropriate species as determined by the City. 18 6. Eco-grass,green roofs,rooftop gardens,limiting irrigation through exeriscaping and rainwater • Formatted:Outline numbered+Level:4+ collection and reuse,public art,and other sustainable practices related to landscaping may be Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Tab considered as counting toward a portion of the caliper inches required by this section as determined after: 0.75"+Indent at: 0.75' through the PUD process B. Due to the urban character of the TOD District,less landscaping space will be available typically than in other zoning districts.Therefore a higher level of landscaping design detail is required for the concentrated open space,pervious surface areas,plazas,planters,screening areas and streetscape areas.Examples of a higher level of landscaping design include rooftop gardens and green roofs,both of which are encouraged.A detailed landscape plan prepared by a landscape architect shall be submitted with the development application.Other privately owned amenities are encouraged,such as plazas,courtyards,fountains,outdoor art,roof top gardens and green roofs,and other decorative elements. C. The following privately owned and maintained Usable Open Space forms are permitted to meet the requirements for usable outdoor open space: 1. Pocket Park:A Pocket Park is an open space of no less than.05 acres in size that is available for recreation. A Pocket Park may be spatially defined by landscaping rather than building frontages and may be linear in form or shape.A pocket park may consist of a landscaped and maintained lawn,trees,and seating areas that are naturalistically disposed. 2. Square:An open space available for passive recreation and civic purposes.A Square Usable open Space is spatially defined by building frontages.Its landscape shall consist of paths,lawns,trees,hardscape,and public art formally disposed.Square Usable Open Spaces shall be located at the intersection of important main streets.There shall be no minimum size for a square. 3. Plaza:An open space available for public use,community events,and/or commercial activities.A Plaza Usable Open Space shall be spatially defined by building frontages.Its landscape shall consist primarily of hardscape,plantings,public art,and trees.There shall be no minimum size for a Plaza. 4. Play Area:An open space designed and equipped for the recreation of children.A Play Area shall be fenced and may include an open shelter.Play areas shall be interspersed within residential or mixed use areas and may be placed within a block.Play areas may be included within parks and greens.There shall be no minimum or maximum size. 5. Pedestrian way:Natural or landscaped walking paths and running trails. D. The following shall not constitute Useable Open Space: landscape strips or enlargements/enhancements of landscaping areas adjacent to the sidewalk;shrubs,flowers and other low profile landscaping around buildings, sidewalks and parking areas;required minimum building setback areas;yards associated with private dwellings; or outdoor areas that prohibit public or tenant access during normal business hours. Alternative useable open space areas maybe considered as counting toward a portion of the useable open space requirement of this section as determined through the PUD process. Formatted:Heading,Indent:Left: 0", Hanging: 0.25",Space After: 0 pt,Border: Subd.9.Supplemental Analysis or Study. Top:(No border),Bottom:(No border),Left: A. Traffic (No border),Right:(No border),Between:(No border),Bar:(No border) All development and zoning projects in the TOD District require documentation of the expected traffic impacts of the development.The extent of the traffic analysis is dependent on several factors including the size,type,and location of the development. The City Engineer should be contacted early in the project to determine the appropriate scope of traffic analysis and to determine if a formal Traffic Impact Study is required. All development applications,regardless of size,shall document the size and type of the proposed development and provide Daily,AM Peak,and PM Peak traffic generation estimates for the development. B. TDM 19 All new development applications for office and light industrial uses shall include a Travel Demand Management(TDM)plan. The plan shall document TDM measures to be implemented,a two year budget, and an evaluation plan. TDM strategies that shall be considered in the TDM plan include,but are not limited to,financial incentives for carpoolers,vanpoolers and bicyclists,subsidized transit passes, preferential location of carpool/vanpool parking,bicycle racks and storage,access to shower and lockers, and promotion of commuter programs. As a condition of approval a TDM performance bond,cash escrow,letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to 100%of the cost of implementing the first two years of the TDM Plan will be required.All new residential development applications should consider TDM strategies such as bikeshare and carshare memberships,subsidized transit passes,and an information kiosk onsite. C. Parking All development and zoning projects in the TOD District require documentation of the parking plan for the project site including the number of required parking spaces,the number of provided parking spaces and any proposed use of proof of parking. The location and quantity of parking will be reviewed on a case-by— case basis as part of the development review process. Dependent on the specifics of the parking plan for the project site a formal Parking Study may be required. The City Planner should be contacted early in the project to review the parking plan for the project and to determine if a formal Parking Study is required. Subd.10.Architectural Standards. All buildings shall comply with Architectural Standards established in Section 11.03 Subd 3(K)of Chapter 11 of the City Code. Subd.11.Signage. All sites and buildings shall comply with Sign Permits standards established in Section 11.70. Subd.12.Lighting. All sites and buildings shall comply with Glare standards established in Section 11.03. Subd. 13. Mechanical Equipment, Trash, Loading Facilities. All sites and buildings shall comply with the Screening standards in Section 11.03 Subd 3(G),Off-Street Loading Facilities standards in Section 11.03 Subd 3(I), Trash and Recycling standards in Section 11.03, Subd.3(M),and Wastes standards in Section 11.03 Subd 4(F)of Chapter 11 of the City Code. Subd. 14. Tree Replacement. Property within the TOD zoning districts shall be exempt from the Tree Replacement Plan Requirements provided in Section 11.55,Subd.4. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim 20 herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2015 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ,2015. Kathleen Porta,City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on 21 LIBERTY 1- 7' PROPERTY -A r- TRUST August 16, 2016 Mayor and Council Members Re: TOD Ordinance 2nd Reading Liberty Property Trust appreciates the work and attention that City staff provided us in formulating the proposed TOD ordinance. Throughout this process we held several meetings with staff and made many suggestions to the language of the ordinance. We believe these discussions and the willingness of staff to listen to our concerns has created a better ordinance. Although, we did not agree on all aspects of the code, we believe that City staff recognized the needs of business owners when changes are being made to an existing zoning standard, As noted in the staff report, we continue to have concerns with some of the language within the proposed TOD ordinance as it relates to rezoning, landscaping, warehousing and public open space. Rezoning: A huge concern of ours is the potential of having one of our sites being rezoned to TOD prior to redevelopment. Having a site rezoned prior to new development would make the site non-Fconforming and subject to tenant loss and lease agreement issues. It is very important to Liberty Property Trust that appropriate triggers are in place before any rezoning is placed on our properties. Landscape: in our review of the proposed landscape ordinance we incorporated the TOD standards on existing parcels. We demonstrated to staff that the tree requirement of 3-caliper inches for every 750 square feet of pervious surface is a reasonable standard. When we incorporated the same requirement for every 500 square feet, on parcels less than 5 acres, it showed that the site was over landscaped. Although, negotiations through a PUD process may remedy this, we feel it would be best to have a landscape standard that does not need to be negotiated. Warehousing: We continue to see that warehousing needs for office/warehouse and manufacturing businesses tend to be over 15% and that 20% is a more suitable number for this district. Public Open Space: It is our opinion that requiring a new development to provide 5% public open space and then, in the same ordinance, require that the developer provide architectural enhancement to parking structures that can be seen by the same public open space that was required is troubling. It will lead developers to place the open space in areas that avoid i _ ir:air e . •.lt. ?:i libertyproperty.corn IP LIBERTY -- PROPERTY -irr TRUST visibility of parking structures and likely in areas that are not best suited for public space. We suggest that the ordinance state that architectural enhancements are needed when viewed by external public views, thus allowing more discretion on the placement of public open spaces within new projects. Again, we wish to recognize the effort and time given to us by your staff in working through the proposed ordinance and thank them for it. Since staff is aware of our concerns, we would appreciate and look forward to the opportunity to be an active participant with the City in formulating any proposed comprehensive plan changes and implementation of rezoning any properties. We look forward to the Golden Triangle area becoming a major employment center. Sincerely, fr12 ./Z 41", Richard A. Weibien Vice President, Development Liberty Property Trust v'd ?tr, S F:+;,r {" r i : : a:i7 i Iibertyproperty.com CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 16, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning Code Amendment for Temporary Janet Jeremiah/Julie Klima Dwelling Opt Out Requested Action Move to: Approve 2nd Reading of the Ordinance amending Chapter 11 to opt out of the requirements of Minnesota Statutes Section 462.3593. Synopsis This is final approval of an ordinance relating to opting out of temporary housing legislation. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2016 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; and 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 16rh day of August, 2016. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2016. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 16, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Robert Ellis IC 16-5954 Approve Professional Public Works Services Agreement with Wenck Associates for Improvements to Stormwater Wetland 05-12-C Requested Action Move to: Approve Professional Services Agreement with Wenck Associates for Improvements to Stormwater Wetland 05-12-C in the amount of$31,800. Synopsis The proposal from Wenck Associates is for design and construction services related to improvements being made to stormwater wetland 05-12-C located within the Timber Creek North subdivision. Stormwater wetland 05-12-C serves as a sedimentation basin for stormwater runoff coming from Highway 62 and developments to the south. Runoff from this sedimentation basin then discharges into Purgatory Creek. The pond was constructed a number of decades ago and has several feet of sediment that needs to be removed for it to function as intended. The pond is also being considered for expansion to effectively treat more runoff from larger events. The consultant is proposing to complete design over the next 12 months with construction likely taking place in late 2017 into 2018. The estimated cost of construction is $100,000. Attachments Standard Agreement for Professional Services Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 16th day of August, 2016 between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Wenck Associates, a Minnesota Corporation (hereinafter "Consultant") whose business address is 1802 Wooddale Drive, Woodbury, MN 55125-2937. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Improvements to Stormwater Pond 05-12-C, 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 (Wenck Associates Proposal Letter) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from August 16, 2016 through March 31, 2018 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 $31,800.00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. 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 Standard Agreement for Professional Services 2014.04R 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 Todd Shoemaker 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 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 Standard Agreement for Professional Services 2014.04R Page 3 of 8 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 2014.04R 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. AN 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 and Professional Liability, 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. It shall be the Consultant's responsibility to notify City of policy cancellations non- renewed or restrictive modifications and coverages afforded 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 2014.04R 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 2014.04R 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 2014.04R Page 7 of 8 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME: By: Its: Standard Agreement for Professional Services 2014.04R Page 8 of 8 WENCK ASSOCIATES Responsive partner. Exceptional outcomes. August 3, 2016 Mr. Robert Ellis, PE, PTOE Public Works Director City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Proposal for Pond 05-12-C Improvements Mr. Ellis: Thank you for the opportunity to provide you with a proposal to improve Pond 05-12-C. Wenck has previously documented sediment accumulation in this pond and understands that neighboring residents have requested to have the sediment removed. Through this project, Wenck will assess the existing conditions; develop design plans to improve water quality treatment by sediment removal and/or expansion; apply for necessary permits; request quotes from qualified contractors; administer construction; and conduct an as-built survey. Scope of Work The following tasks outline our scope of work to assist the City with this project. The scope is separated into two phases: Phase 1 (Design and Permitting) and Phase 2 (Bidding and Construction). Specific tasks within each phase are described in detail below. Phase 1 — Design and Permitting - $22,000 Task 1A — Data Collection and Regulatory Review. a. Wenck will conduct ten additional sediment depth probes to verify previously collected sediment depths and elevations. b. Wenck will collect two sediment samples and have them analyzed according to the "Managing Stormwater Sediment Best Management Practice Guidance" (MPCA). Sample analysis will indicate whether the removed sediment must be disposed at a designated facility. We anticipate lab fees are approximately $2,000 to analyze both samples, and this cost is included in the cost of Phase 1 noted above. c. Wenck will conduct off- and on-site wetland delineations. At this point, it is not clear if the pond was a wetland prior to development; if it was wetland, additional Riley- Purgatory-Bluff Creek Watershed District (RPBCWD) rules may apply. The National Wetland Inventory Map (NWI, prepared by RPBCWD) indicates this pond as wetland, and we understand the EAW prepared for the development referenced an "existing marshy area." However, the grading plan approved by the City in 1988 indicates the existing topography prior to pond construction was approximately six feet higher than the adjacent creek bank. For the off-site delineation, we will obtain historic aerial photos to evaluate wetland signatures. The on-site delineation will identify wetland according to the 1987 US Corps of Engineers Manual (and subsequent updates). The results of the off- and on-site delineations will be summarized in a report and submitted to the LGU for review. Wenck Associates,Inc. ( 1802 Wooddale Drive l Woodbury, MN 55125-2937 Toll Free 800-472-2232 Main 651-294-4580 Email wenckmp@wenck.com Web wenck.com Mr. Robert Ellis, PE, PTOE Public Works Director WENCK City of Eden Prairie ASSOCIATE August 3, 2016 Responsive partner. Exceptional outcomes. d. Wenck will meet with City and RPBCWD staff to discuss the project scope and permitting requirements. Similar previous projects were not efficiently reviewed and approved by the RPBCWD. By meeting early in the project, we hope that City, RPBCWD and Wenck staff will all have a clear understanding of permit requirements and submittals. At this time, Wenck believes the following RPBCWD rules apply to the project: B. Floodplain C. Erosion and Sediment Control D. Wetland and Creek Buffers E. Dredging and Sediment Removal Task 1B — Develop Project Plans & Specifications. a. Wenck will consider the need/opportunity for stabilization of the pond inlets; pond grading and sediment removal; and pond expansion. P8 software will be used to evaluate the potential additional pollutant removal by making the pond deeper. It appears the pond was designed with a four-foot depth. If the area is determined to be jurisdictional wetland, it may be possible to increase the maximum depth to six feet. If it is not jurisdictional wetland, it may be possible to increase the maximum depth to ten feet. Due to existing landscaping and residential uses, it does not appear practical to enlarge the pond footprint. b. Wenck will prepare a one or two-page plan set showing the proposed work. Project specifications will reference MnDOT and City standards. The preliminary design will be sent to City staff for review and comment. Wenck will conduct one round of plan revisions based on the comments received. c. Wenck will provide the City with preliminary and final construction cost estimates. d. The Wenck Project Manager will attend two meetings with the home owner's association. We assume that City staff will coordinate and lead the meetings and that Wenck will present a summary of the project and answer technical questions. Task 1C — Apply for Permits. a. The proposed work will likely require a permit from the RPBCWD. Wenck will complete, submit, and track the RPBCWD permit application. b. The proposed work may also require a Minnesota Joint Application Form for the US Army Corps of Engineers and Minnesota Wetland Conservation Act. Wenck will complete, submit, and track the Joint permit application. Phase 2 — Bidding and Construction - $9,800 Task 2A — Request Bids. We assume bids will be requested using a public bidding process. However, it may be possible to use the abbreviated quote process if the estimated construction cost is less than $100,000. a. If the construction cost estimate from Task 1B is greater than $100,000, Wenck will notify City staff and discuss how to proceed with bidding the project. b. Create bid documents using MnDOT and City standard specifications. c. Publish an advertisement of bids with QuestCDN. d. Coordinate and lead pre-bid meeting. e. Answer bidder questions during the bidding window. f. Publicly open bids at City Hall. g. Draft bid recommendation memo to City staff. 2 V;\TechnkaI\003:Eden Prairie\00\P2016-07?1 Pond 05-12-C\I.-Fills_,Robert re Pond 05-12-C._v3.dxx Mr. Robert Ellis, PE, PTOE Public Works Director WENCK City of Eden Prairie August 3, 2016 ASSOCIATES Responsive partner. Exceptional outcomes, Task 2B - Construction Administration. a. Coordinate and lead a preconstruction conference. b. Review contractor insurance certificates. c. Issue a notice to proceed. d. Stake construction limits. e. Observe construction activities (assume one week of construction). f. Verify earthwork quantities by comparing pre-project and as-built surveys (excavated volume). g. Process up to two pay requests. h. Process up to two change orders. i. Create and distribute certificate of substantial completion. Task 2C - Prepare Record Drawing. a. Survey final grades with GPS. b. Plot final grades on design plans to create a record drawing. c. Deliver the record drawing to City staff electronically. Budget and Schedule Wenck will perform the scope of work detailed above on a time and materials basis not to exceed $22,000 for Phase 1 and $9,800 for Phase 2 without prior approval. A detailed budget is provided in the table below. Our project team is available to start work on the project in August 2016. We anticipate completing Phase 1 by November 30, 2016 and that Phase 2 will commence in March 2017 and be complete by March 31, 2018. Total Shoemaker Templin Summers Kaczmarek Shoemaker Templin Aerial Phase and/or Cost $ 172.00' $ 100.00 $ 118.00 $ 91.00 $ 177.00 $ 103.00 Travel Samples Photos Task Code Task Description $ $ $ $ 1a Research Regulatory Applicability 5,980 12 32 $ 60 $ 80 lb Sediment Samples&Topographic Survey 4,079 2 8 10 $ 25 $ 2,000 1 c Develop Project Plans&Specifications 8,822 20 52 2 1d Submit Applicable Permit Applications 3,120 8 8 8 2a Request Bids 2,852 8 12 $ 200 2b Construction Administration&Observation 4,129 4 32 $ 125 20 Prepare Record Plans 2,818 4 20 $ 50 Total $ 31,800 42 68 40 12 # 16 64 460 2,000 80 Project Team Wenck's team for this project is listed below: Ai Project Manager — Todd Shoemaker, PE, CFM Al Project Engineer — Kirby Templin, PE ®i Wetland Scientist — Matt Summers Al GIS Specialist — Hagen Kaczmarek 3 V:\1'echnicel\0094 Eden Prair'e\00\P2010-0741 Pond 05-12-C\L-Ellis,Robert re Pend 05-12-C_v3.dacx Mr. Robert Ellis, PE, PTOE Public Works Director WENCK City of Eden ASSOCIATES August 3, 2016 Responsive partner. Exceptional outcomes. Thanks! On behalf of the 220+ employee-owners of Wenck, thank you for this opportunity to continue to work with the City. Should you have any questions, or need clarification of anything presented in the proposal, please do not hesitate to call or email me. Sincerely, Wenck Associates, Inc. Todd Shoemaker, PE, CFM Water Resources Engineer, Principal 4 Vt\Technical\009:Eden Pralr[e\OO\P-2O1G-O741 Pond Oi-12-C\L-Ellis,Robert re Pond OS-i2-C_v3,docx CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 16, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Matt Bourne, Parks and Professional Services Agreement with WSB Natural Resources Manager, for Design Phase Services for Riley Lake Parks and Recreation Park Renovation Motion Move to: Authorize the Standard Agreement for Professional Services with WSB & Associates, Inc. for Design Phase Services for Riley Lake Park Renovation at a cost not to exceed $62,125. Synopsis Staff recommends entering into a professional services agreement with WSB &Associates for development of design and construction documents for improvements to Riley Lake Park. The proposed project is scheduled in the Capital Improvement Program for 2017. Background City staff issued Requests For Proposals (RFP's)to ISG, HTPO and WSB for concept, design, construction document preparation,bidding and construction administration. These are three landscape architecture firms that the city has successfully worked with for quite some time. One of the projects in the RFP is the Riley Lake Park Renovation. Included in the project will be the development of a master plan to improve traffic and usability for the boat launch and beach areas of Riley Lake Park. WSB &Associates has performed similar work with the development of the Round Lake master plan and staff feels very comfortable recommending them for this project. Recommendation The proposal from WSB &Associates is in line with our estimate and staff recommends approval of this contract. Attachment Standard Agreement for Professional Services Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 16th day of August, 2016, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and WSB & Associates, Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Riley Lake Park Renovation hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Topographical Survey, Concept/Master Plan Development, Permit Development, Construction Documents and Bid Administration) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from August 16, 2016 through the acceptance of bid the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $62,125.00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. Standard Agreement for Professional Services 2014.04 Page 2 of 11 D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Jason Amberg to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the Standard Agreement for Professional Services 2014.04 Page 3 of 11 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 11 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 11 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 11 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 11 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager WSB & Associates, Inc. By: Its: Standard Agreement for Professional Services 2014.04 Page 8 of 11 EXHIBIT A SCOPE OF SERVICES 1. Project Focus Meeting: The general purpose of the focus meeting is to confirm key individuals, staff members, etc. who will be involved in the project or have information that will affect the project, and general review and discussion about the issues and concerns related to this project. We will develop a list of program elements that should be considered for the project which will serve as the foundation for the design process. 2. Wetland Delineation: WSB will delineate any wetlands located within the project area based on methods outlined in the US Army Corps of Engineers wetland delineation manual. Wetlands will be flagged and recorded with a sub-meter accuracy GPS unit. If necessary, a wetland delineation report will be prepared to document the wetlands. The report will be submitted to the Wetland Conservation Act Local Government Unit (LGU) and US Army Corps of Engineers (ACOE)for review and approval. A shapefile of the wetland boundaries will be delivered to the client following approval by the LGU and ACOE. Lake Riley's recorded Ordinary High Water elevation (865.3 NGVD 29) will be used to identify the public water boundary. a. The above does not include wetland mitigation. If this service becomes required, we can further discuss the design and fee implications. 3. Pre-design Geotechnical investigation: a. five — 10 foot depth SPT borings to be completed with our truck mounted drilling rig. b. We will stake and elevate using existing site features as guides and an assumed benchmark. (no surveyors) c. Clear utilities using Gopher State One Call. d. Routine lab tests such as moisture content and 200 wash (P200). e. Prepare a geo report along with recommendations for pavements 4. Topographical survey: WSB will collect field data and prepare base mapping necessary to create construction documents for this project. a. Survey limits will extend to encompass the boat launch area, parking lot, and beach. b. Work does not include boundary survey 5. Develop concept plans: WSB will develop concept plans for review with the client. With feedback from the client, WSB will make refinements as necessary to establish the preferred direction for development. 6. Design Development: After the final concept plan is confirmed with the client in the task above, WSB will prepare written text, plans, photos, product info, and other drawings necessary to describe the design, materials, colors, textures in sufficient detail for the OWNER to grasp the appearance and function of the improvements. a. This includes review and use of appropriate design standards for listed facilities and preparation of design development drawings. The drawings include refined site facility layout, grading, removals plans, site amenities, etc. and details as required. Outline specifications, including general and technical sections, will be prepared. The bid form outline will be prepared and used to estimate construction costs. Standard Agreement for Professional Services 2014.04 Page 9 of 11 b. An estimate of the cost to construct these improvements will be refined based on these documents. From this estimate the OWNER shall determine which of the improvements shall be included in the final phase of design, (Construction Documents). 7. Construction Documents: Once the design options are fully explored and selected through the services listed above, WSB will prepare final Construction Documents for the improvements as approved by the OWNER for inclusion in this project. These documents shall include plans, details, and specifications in sufficient detail for the OWNER to pursue competitive bids for the construction of the improvements. Specific scope of work for this task will include: a. Construction Plans including: i. Title Sheet ii. Site Removals Plan iii. Site Layout Plan iv. Site Grading Plan ❑ Soil borings will be utilized to ensure there is sufficient good material for hard surfaced areas, topsoil for green common spaces and for structural design aspects. ❑ Erosion control and site SWPPP plans as necessary ❑ Onsite soils are assumed to be fee of hazardous materials. ❑ Spot elevations for key finished grade elements ❑ ADA grading design of trails, sidewalks, and other site facilities as appropriate for this phase of the project. v. Pavement Designs and Typical Details vi. Retaining walls (if needed) vii. Shade canopies/seating areas /other site amenities conforming to budget viii. Storm Sewer and Drainage Plans and details: Analysis and design of the stormwater drainage and conveyance system consistent with storm water management requirements. ix. Miscellaneous Site Construction Details b. Prepare Technical Specifications c. Prepare Final Cost Estimate d. Irrigation related: i. Irrigation water source and control currently exist at this site. The new irrigation zones will be designed for incorporation into the current system. ii. City will provide existing as-builts for current irrigation system. iii. New zones may include turf areas, planting areas, heads, piping, etc. e. Electrical related: i. Lighting and power design ii. It is assumed that electric service currently exists at the park 8. Permits: WSB will obtain the following permits as applicable. a. NPDES Phase II stormwater permit preparation and submittal at 90% plan completion. Assumes erosion control plan, SWPPP, and required erosion and sediment control details. b. US Army Corps of Engineers Section 404 Permit c. MN Department of Natural Resources Public Waters Work Permit d. Wetland Conservation Act Approval e. Riley-Purgatory-Bluff Creek Watershed District Permit f. MN Pollution Control Agency NPDES Permit g. City grading permit preparation and submittal (if required) Standard Agreement for Professional Services 2014.04 Page 10 of 11 9. Bidding Assistance — It is understood that the project will be bid as one single package by prospective bidders. WSB will provide services for bidding assistance associated with the project including the following: a. Advertisement for bids (publication fee(s) will be billed as an expense) b. Coordinate online plan set availability to Contractors c. Collect and respond to questions from Prospective Bidders d. Issue addenda as necessary e. Attend the bid opening f. Prepare tabulation of bids g. Prepare letter of recommendation for contract award 10. Deliverables: a. One complete paper and digital set of plans, specifications and final estimate of probable construction costs at 50% completion, 95% completion, and 100% final completion. b. Addenda during bidding c. Bid tabulation d. Letter of recommendation to award contract 11. Meetings to be held at the Client's office: a. 3 concept design meetings (Project Startup/ Kickoff, Alternate Concept Review, final Concept Review) b. 3 construction document review meetings (30%, 60%, 90%) c. 1 bid opening meeting Standard Agreement for Professional Services 2014.04 Page 11 of 11 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda August 16, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILF. Community Development: Approve agreements between City and DEED, Janet Jeremiah and City and Clim-A-Tech Industries David Lindahl Requested Action: Move to: Approve Grant Contract between Department of Employment and Economic Development(DEED) and the City for a$370,000 loan to Clim-A-Tech Industries, Inc.; a Loan Agreement between Clim-A-Tech Industries and the City for$370,000 using the funds from DEED; and related security agreement and subordination agreement. Synopsis: The attached agreements detail the City's responsibilities for administering a$370,000 loan to help fund Clim-A-Tech Industries' planned renovations through DEED's Minnesota Investment Fund(MIF). The City Council held a public hearing March 8, 2016 and approved a resolution authorizing application to the program which requires the City apply for the grant on behalf of Clim-A-Tech and act as a conduit between DEED and the business. If Clim-A-Tech meets the job creation and wage commitments, $100,000 of the loan principal will be forgiven. The remaining $270,000 will be repaid at an interest rate of 2.0%. Background: Clim-A-Tech is a 100% employee-owned business that manufactures plastic profile extrusions and fabricates die-cut components of flexible materials. Clim-A-Tech has continued to grow, diversify and evolve. Three of the four existing divisions have more than doubled in the last five years. Two new distribution divisions were also established due to demand driven by strategic partnerships with suppliers providing value-add products to existing customers. For the past 40 years, Clim-A-Tech has been located in Hopkins, MN; however, they are being displaced because of the proposed Southwest Light Rail Transit alignment and chose Eden Prairie as their new headquarters. Clim-A-Tech has purchased 6950 Washington Avenue S., Eden Prairie, and will be moving 100% of its operations to the new Eden Prairie location. The funds received through the MIF program will assist Clim-A-Tech in purchasing new equipment. Clim-A-Tech projects creating 20 full time jobs with the move to the new Clim-A-Tech facility in Eden Prairie. Attachments: • Grant Contract • Loan Agreement • Security Agreement • Security Interest Subordination Agreement STATE OF MINNESOTA GRANT CONTRACT DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT BUSINESS AND COMMUNITY DEVELOPMENT DIVISION Minnesota Investment Fund Grant Contract Grant Number: CDA P-16-0006-H-FY 16 Grant Amount: $3 70,000 Grantee: City of Eden Prairie Borrower: Clim-A-Tech Industries, Inc. This Grant Contract is between the State of Minnesota,acting through the Department of Employment and Economic Development, Business and Community Development Division, ("STATE") and City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, Minnesota,55344 ("GRANTEE"). Recitals I. Under Minn.Stat. §§ 1 16J.035 and 116J.8731,Minnesota Investment Fund,the State is empowered to enter into this Grant Contract. • 2. The State is in need of local units of government to administer projects in accordance with Minn. Stat. §§ 1 16J.8731 Minnesota Investment Fund; Minnesota Rules Chapter 4300; and policies and procedures developed by the State. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this Grant Contract to the satisfaction of the State. If administrative costs are eligible under this Grant Contract pursuant to Minn. Stat. § 16B.98, subdivision 1, the Grantee agrees to minimize administrative costs as a condition of this Grant Contract. Grant Contract 1. Term of Grant Contract 1.1 Effective Date: May 10,2016. Per Minn.Stat.§ 161198 subd.5 and Minn.Stat. § 16B.98 subd. 7, no payments will be made to the Grantee until this Grant Contract is fully executed. 1.2 Benefit Date: The earliest date of (i) when the equipment is put in service or (ii) November 1,2016. 1.3 Compliance Date: 2 years after Benefit Date but no later than November 1, 2018. 1.4 Expiration Date: 3 months after Compliance Date but no later than February I, 2019. 1.5 Survival of Terms. The following clauses survive the expiration or cancellation of this Grant Contract: 8. Liability; 9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13.Governing Law, Jurisdiction and Venue; 15.Data Disclosure;and Exhibit A 4. Repayments. 2. Grantee's Duties 2.1 Duties. The Grantee, who is not a State employee, will perform the duties specified in Exhibit A which is attached and incorporated into this Grant Contract. 2.2 Application. The Grantee has made application ("APPLICATION")to the State for the purpose of providing a loan to Clim-A-Tech Industries, Inc., ("BORROWER") in the manner described in the application which is incorporated into this Grant Contract by reference. 2.3 Provisions for Contracts and Sub-grants • 1. a) Contract Provisions. The Grantee must include in any contract and sub-grant, including the loan agreement with the Borrower, in addition to provisions that define a sound and complete agreement,such provisions that require contractors,sub-grantees and the Borrower to comply with applicable state and federal laws. b) Payment of Contractors and Sub-Contractors. The Grantee must ensure that all contractors and subcontractors performing work covered by this Grant Contract are paid for their work that is satisfactorily completed, 3. Time The Grantee must comply with all of the time requirements described in this Grant Contract. In the performance of this Grant Contract, time is of the essence, 4. Consideration of payment 4.1 Consideration. The State will pay the Grantee under this Grant Contract as follows: a) Compensation. The Grantee will be reimbursed according to the approved Budget contained in Exhibit B, which is attached and incorporated into the Grant Contract portion of this Grant Contract. b) Total Obligation. The total obligation of the State for all compensation and reimbursement to the Grantee under this Grant Contract will not exceed$370,000. 4.2 Payment. a) Invoices. The State will disburse funds to the Grantee pursuant to this Contract,based upon payment requests submitted by the Grantee and reviewed and approved by the State. Payment requests must be accompanied by supporting invoices that relate to the activities in the approved Budget and the documentation detailed in Section 4.2.b. of this Grant Contract. The State will provide payment request forms. If the Grantee has received invoices from the Borrower for expenditures made after effective date of this Grant Contract but before the Grant Contract is closed or until all funds are disbursed,whichever is earlier,the Grantee shall submit those invoices to the State for review and approval no later than 25 days after the end date of the state fiscal year of June 30'h. To ensure that all funds are drawn down by the expiration date of the Grant, ail Grantee payment requests must be received by the State at least 30 days prior to the Expiration Date. b) Documentation. The following information must be submitted and approved by the State before funds will be released: 1) Minnesota Investment Fund loan agreement, promissory note, amortization schedule and evidence of security filings(security agreement and UCC filing). 2) Documentation that the following lenders have closed on their financing: a. Promissory note from Highland Bank for $4,900,000 to finance the purchase and remodeling of warehouse. b. Promissory note from Highland Bank for $550,000 advancing loan term to fund part of the initial costs of the building purchase and improvement, c. Promissory note from Highland Bank front existing line of credit for $1,250,000. d. Evidence of equity injection in the amount of $736,967 by Clim-A- Tech Industries, Inc. 3) Closing statement from Highland Bank for the purchase of real estate and equipment. 2 4) Invoices for $515,000 equipment costs. Funds will be released on a cost- sharing ratio of 6%grant funds to 94%other funds. c) Eligible Costs. Eligible costs include the costs identified in Exhibit B of this Grant Contract that are incurred during the contract period. 5. Conditions of Payment All services provided by the Grantee under this Grant Contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal,state or local law. The State will not authorize disbursement of funds if there has been any adverse change in the Borrower's financial condition, organization, operations, or their ability to repay the project financing. 6. Authorized Representative The State's Authorized Representative is Chinwe Ngwu, Loan Officer, 1st National Bank Building, 332 Minnesota Street, Suite E200, St. Paul, MN 55101, 651-259-7427, chinwe.ngwu ci state.mn.us, or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this Grant Contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each payment request form submitted for payment. The Grantee's Authorized Representative is David Lindahl, Economic Development Director, 8080 Mitchell Road, 952-949-8300, dlindahl@edenprairie.org, or his/her successor. If the Grantee's Authorized Representative changes at any time during this Grant Contract, the Grantee must immediately notify the State. 7. Assignment,Amendments, Waiver,and Grant Contract Complete 7.1 Assignment. The Grantee shall neither assign nor transfer any rights or obligations under this Grant Contract without the prior written consent of the State,approved by the same parties who executed and approved this Grant Contract, or their successors in office. 7.2 Amendments. Any amendment to this Grant Contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Grant Contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this Grant Contract,that failure does not waive the provision or the State's right to enforce it. 7.4 Grant Contract Complete. This Grant Contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this Grant Contract, whether written or oral,may be used to bind either party. Where provisions of the Application are inconsistent with the other provisions of this Contract, the other provisions of this Grant Contract will take precedence over the provisions of the Application. 8. Liability Subject to the provisions and limitations of Minn. Stat. § 466, the Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this Grant Contract by the Grantee or the Grantee's agents or employees. This Clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this Grant Contract. 3 9. State Audits Under Minn. Stat. § 168.98, subd. 8,the Grantees books,records,documents, and accounting procedures and practices of the Grantee or other party relevant to this Grant Contract or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six (6)years from the end of this Grant Contract, receipt and approval of all final reports, date of final repayment to the State, or the required period of time to satisfy all State and program retention requirements, whichever is later. 10. Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. § Ch. 13, as it applies to all data provided by the State under this Grant Contract, as it applies to all data created,collected, received,stored, used,maintained,or disseminated by the Grantee under this Grant Contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of data referred to in this Clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause,the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee's response to the request shall comply with all applicable law. 11. Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181,subd.2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12. Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this Grant Contract must identify the State as the sponsoring agency. For purposes of this provision,publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Grant Contract. 12.2 Endorsement. The Grantee and the Borrower must not claim that the State endorses its products or services. 13. Governing Law,Jurisdiction,and Venue Minnesota law, without regard to its choice-of-law provisions, governs this Grant Contract. Venue for all legal proceedings out of this Grant Contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14. Termination 14.1 Termination by the State. The State may immediately terminate this Grant Contract with or without cause, upon 30 days' written notice to the Grantee. Upon termination,the Grantee will be entitled to payment, determined on a pro-rata basis for approved costs incurred. 14.2 Termination for Cause. The State may immediately terminate this Grant Contract if the State finds that there has been a failure to comply with the provisions of the Grant Contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to distribute additional funds and requiring the return of all or part of the funds already disbursed. 14.3 Termination for Insufficient Funding. The State may immediately terminate this Grant Contract if: a) It does not obtain funding from the Minnesota Legislature; b) Or, if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or electronic notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment determined on a pro-rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of lack of funding within a reasonable time of the State's receiving that notice. 15. Data Disclosure Under Minn. Stat. § 270C.65, subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number,already provided to the State,to federal and state agencies and state personnel involved with the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. Other Provisions 16. Affirmative Action The Grantee is encouraged to prepare and implement an affirmative action plan for the employment of minority persons,women,and the qualified disabled and submit the plan to the Commissioner of Human Rights as required by Minn. State.§363A.36. 17. Conflict of Interest The Grantee shall comply with the Conflict of Interest provisions of Minn.Stat. §§471.87 and 471.88. 18. Successors and Assignees This Grant Contract shall be binding upon any successors or assignees of the parties. 19. Minnesota Business Subsidy Law This Grant Contract must comply, if appropriate, with the Minnesota Business Subsidy Law, Minn.Stat§§ 116J.993-1 16J.995. 20. Debarment and Suspension Certification(if applicable) The Grantee agrees to follow the President's Executive Order 12549 and the implementation regulation "Non-procurement Debarment and Suspension: Notice and Final Rule and Interim Rule," found at 53 FR 19189, May 26, 1988, as amended at 60 FR 33041, June 26, 1995, including Appendix B, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Execution — Lower Tier Covered Transactions;" unless excluded by law or regulation. 5 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that finds have been encumbered as required by Minn.Stat.§§I6,4.15 and 16CQ5. Signed:4111°-A° By: 05/20/16 (with delegated authority) Date: Title: Date: B2201-3-252339 SWIFT Contract/PO No(s) 2. GRANTEE The Grantee certifies that the appropriate person(s)have executed the grant contract on behalf of the Grantee as required by applicable articles,bylaws, resolutions, or ordinances. By: Nancy Tyra-Lukens Title: Mayor Date: By: Rick Getschow Title:City Manager Date: Distribution: Agency Grantee State's Authorized Representative—Photo Copy 6 EXHIBIT A GRANTEES DUTIES The Grantee,who is not a State employee, will, 1. Administer the project in accordance with the requirements of the Minnesota Investment Fund Program, Minn. Stat. § l 16J.873 l; Minn. Rules,Chapter 4300;and policies and procedures developed by the State. 2. Enter into a Loan Agreement with the Borrower for$370,000,("LOAN")and assure the following conditions are included in such Agreement: 2.1 Conditions a) Loan Term: 6 Years b) Interest Rate: 2.0%(State's Repayable Portion) c) Collateral: Security Agreement and UCC filing on equipment 2.2 Job Creation and Wages a) The Borrower identified 66 full time equivalent(FTE)base jobs that must be maintained until the Compliance Date. b) The Borrower will create 20 permanent non-contract FTE jobs,all paying at least$14.00 per hour or more in cash wages, exclusive of Benefits,and $18.00 per hour including Benefits. Benefits are defined as one or more of the following: health,dental, life and disability insurance, retirement program and profit sharing paid by the Borrower. c) If the Borrower fails to meet the job creation and wage goal level commitments by the Compliance Date, the Grantee may, after holding a public hearing, extend the grant period for one year from the Compliance Date, after approval by the State. If the grant period is not extended or if after the extension,the Borrower fai Is to meet the job creation goal and wage level commitment,the Borrower will be required to repay the Grantee all or a proportional share of the Loan funds on an accelerated term. The Grantee will then also be required to return to the State all or a proportional share of the Loan funds received from the Borrower. 2.3 Loan Forgiveness Up to One Hundred Thousand dollars and Noll 00($100,000)of the Loan principal (or a pro rata portion thereof specified in Section 2.2(b)shall be forgiven upon satisfaction by the Borrower of the terms of this Grant Contract, specifically the job creation and wage goals set forth in section 2.2(b). 2.4 Payment of Prevailing Wages to Contractors Minn. Stat. § 1161871 applies if a business receives$500,000 or more in State loan funds and the State funds are used for construction, installation (including equipment), remodeling and repairs. 2.5 Surety Deposits Required for Construction Contracts Minn. Stat. § 290.9705, pertains to foreign corporations that perform construction work in Minnesota and applies if state funds are used for construction. 2.6 Job Listing Agreement Minn. Stat. § 1 l61 L.66,subd. 1, applies when a business or private enterprise receives $200,000 or more per year in funds from the State. When applicable, the business or private 7 enterprise shall agree to enter into a Job Listing Agreement with the MN Department of Employment and Economic Development. 3. Require the Grantee's attorney to review the loan agreement,promissory note, security agreement, mortgage, guaranty and/or other documents, if any,considered necessary to secure the loan to ensure they are valid, binding and enforceable. 4. Repay the State 100% of each principal and interest payment made by the Borrower. 5. The Grantee will establish and maintain a revolving loan fund(RLF)consistent with the requirements in Section 2 of the Recitals section of this contract and State RLF Guidelines published by DEED, The Grantee must retain financial control and decision making authority regarding the use of repayments from the loan. However,the Grantee may loan or grant money from its RLF to a regional development commission,or other regional entity, or statewide community capital fund to capitalize or to provide the local match required for capitalization of a regional or statewide RLF. The State must provide written approval prior to the release of funds to an organization. 6. Reporting a) Minnesota Investment Fund I) Submit to the State annual progress reports on forms provided by the State until the project goals have been met or until the Compliance Date, whichever is later. There reports must be submitted by the following dates: (a) January 25,2017 for the period ending December 31,2016 (b) January 25,2018 for the period ending December 31,2017 (c) Within 25 days for the period ending after the Compliance Date. The Borrower shall supply to the Grantee a"redacted"payroll report dated as of the Compliance date to support the new FTE jobs created. 2) The State,at its discretion, may require the submittal of additional progress reports. 3) Information required in this report includes, but is not limited to the following: • Permanent jobs created • Hourly base wage • Date of hire • Job titles • Hourly value of benefits • Benefits provided • Project expenditures • Status of project • Status of payments b) Minnesota Business Assistance Form 1) Submit to the MN Department of Employment and Economic Development, Office of Economic Analysis, no later than April 1 s'of each year until the project goals have been met. 7, Keep financial records, including properly executed contracts, invoices,receipts, vouchers, and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures made pursuant to this Grant Contract. Accounting methods must be in accordance with generally accepted accounting principles. 8. Complete the project in accordance with the approved Budget within the time frames specified in this Grant Contract. 9. Promptly notify the State of any proposed material change in the scope of the project, budget or completion date, which must be approved by the State, prior to implementation. 10. Have on file the necessary documentations to show that all project funds have been used for the 8 items stated in the application. Exhibit B APPROVED BUDGET Use of Funds MIF Bank Equity Bank LDC Other Total Property Acquisition _ $3,236,320 $488,680 $3,725,000 Site Improvement $44,651 $47,401 $92,052 Building Renovation $2,169,028 $55,887 $2,224,915 Construction $0 Machinery& Equip. $370,000 $145,000 $515,000 Roads $0 Water $0 Sewer(Sanitation) $0 Other $0 $0 Total $370,000 $5,450,000 $736,967 $0 $0 $6,556,967 I LOAN AGREEMENT MINNESOTA INVESTMENT FUND a THIS AGREEMENT is made and entered into as the triday of �,,, , 2016 by and between the City of Eden Prairie(the "Lender") and Clim-A-Tech Industries, Inc. (the "Borrower"); WITNESSETH: WHEREAS,the Lender has applied to the Minnesota Department of Employment and Economic Development for a Minnesota Investment Fund Grant (the "MIF Grant") pursuant to an application (the "Grant Application") and received approval for said grant; and WHEREAS, Grant Contract Number CDAP-16-0006-H-FY16 (the "Grant Contract") between the Minnesota Department of Employment and Economic Development(the "State") and the Lender has been executed and requires that the Borrower provide sufficient funds to complete financing and agree to loan terms with the Lender regarding the MIF Grant; and WHEREAS, the parties hereto agree to incorporate into this Agreement by reference said Grant Application and Grant Contract as if fully set forth herein word for word; WHEREAS, the funds to be loaned to the Borrower will be used to finance the purchase of equipment to be installed in the corporate headquarters on the Development Property. NOW THEREFORE, it is agreed by and between the parties hereto as follows: 4.29.2015 1 ARTICLE 1 Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Bank"means Highland Bank. "Benefits" are defined as one or more of the following: health, dental, life and disability insurance, retirement program, profit sharing benefits paid by the Borrower. "Benefit Date" means the earliest date of(i) when the equipment is put into service; or (ii) November 1, 2016. "Borrower"means Clim-A-Tech Industries, Inc. a Minnesota corporation "City" means City of Eden Prairie. "County"means Hennepin County. "Compliance Date"means the date that is two(2)years after the Benefit Date. "Development Property" means the real property located at 6950 Washington Avenue, Eden Prairie, MN 55344 or at Exhibit A attached hereto (legal description). "Equipment" means the equipment purchased by the Borrower with the Loan and equity described in Exhibit B. "Full-Time Equivalent (FTE)" is the equivalent of one person working 2080 hours or more per year or the ratio of the total paid hours during a calendar year (permanent part time or full time) to the total of working hours in that same period (2080 hours per year). "Full-Time Job"means an employee that is employed 2080 hours per year. "Grant Contract" means Minnesota Department of Employment and Economic Development Grant Contract# CDAP-16-0006-H-FY 16. "Initial Disbursement Date" means the date of the first disbursement of any loan proceeds by the Lender to the Borrower. "Jurisdiction" means within the corporate boundaries of the Lender. "Lender"means the City of Eden Prairie. "Leveraged Funds"means the funds described in Section 2.2 of this Agreement. "Loan" means the funds loaned by the Lender to the Borrower pursuant to this Agreement. Of which $100,000 of the"City's Forgivable Portion" and$270,000 is the"State's Repayable Portion". "Loan Proceeds" means the funds disbursed to the Borrower pursuant to this Agreement and any proceeds thereof 2 "MIF" means the Minnesota Investment Fund, Minn. Stat. § 116J.8731 and Minn. Rules Chapter 4300. "MIF Grant" means the award of funds by the State to the Lender pursuant to the Grant Contract. "New Jobs" means the new permanent, full time, or full time equivalent, non-contract, non-seasonal jobs to be created by the Borrower. "Project" means the Borrower's acquisition of 93,880 square foot existing building, renovation, site improvements of the building, purchase and installation of equipment. "State" means the Minnesota Department of Employment and Economic Development. "Termination Date" means the date of the final payment made to the Lender. ARTICLE 2 Project Financing Section 2.1. Project Financing. The Borrower has secured a commitment for the financing necessary to complete the Project, in a form and under conditions satisfactory to the Bank and the Borrower Section 2.2. Borrower's Equity and Other Financing. The Borrower shall commit not less than $736,967 equity and not less than $5,450,000 of other financing(exclusive of the Loan)to be used for the completion of the Project. Section 2.3. MIF Loan/Funds. The MIF Funds will be used by the Lender to make a Loan to the Borrower of not more than$3 70,000 for the purchase of machinery and equipment to the Development Property. The Borrower's obligations under this Agreement are expressly contingent on the Lender's receipt of funds from the State in an amount adequate to make the Loan. ARTICLE 3 MIF Loan Terms Section 3.1. Loan Terms. (a) The "City's Forgivable Portion" up to One Hundred Thousand dollars and No/100 ($100,000) of the Loan principal (or a pro rata portion thereof) specified in Section 7.2(b) shall be forgiven by the Lender upon satisfaction by the Borrower of the terms of this Agreement, specifically the job creation and wage goals set forth in Section 7.1(b). Interest shall begin to accrue at the rate of six per cent (6.0%) as of the Initial Disbursement Date as described in Section 7.2(b) if Borrower is not in compliance with job and wage goals stated in Section 7.1(b). (b) The "State's Repayable Portion" of,the Loan, in the amount of Two Hundred Seventy Thousand dollars and No/100 ($270,000) which shall bear interest rate of two percent (2.0%) per annum if the Borrower satisfies terms of this Agreement specifically the job creation and wage goals set forth in Section 7.1(b). Interest shall begin to accrue at the rate of six per cent (6.0%) as of the Initial Disbursement Date, subject to adjustment as described in Section 7.2(b), if Borrower is not in compliance with job and wage goals stated in Section 7.1(b). (c) The term of the Loan shall be Six(6)years for the Repayable Portion. (d) These loan terms may not be modified without prior written approval from the State. 3 Section 3.2. Loan Repayments Schedule. Payments of principal and interest on the Repayable Portion of the Loan shall commence on the first day of the first month immediately following the Initial Disbursement Date, and shall continue monthly thereafter until the Loan is paid in full. Section 3.3. Prepayment. Prepayment of the Loan may occur at any time during the loan repayment period without penalty. Section 3.4. Assignment. If, prior to the Termination Date, the Borrower sells, conveys, transfers, further mortgages or encumbers, or disposes of the Development Property, or any part thereof or interest therein,or enters into an agreement to do any of the foregoing,the Borrower shall immediately repay all amounts then outstanding on the Loan. This shall be in addition to any other remedies at law or equity available to the Lender. Section 3.5. Termination. This Agreement shall automatically terminate without any notice to Borrower: (a) If no loan proceeds have been disbursed to the Borrower prior to the Compliance Date; or (b) If the Borrower has not received any disbursement of loan proceeds from the Lender; or (c) If the Borrower fails to pay its debts as they become due, makes an assignment for the benefit of its creditors, admits in writing its inability to pay its debts as they become due, files a petition under any chapter of the Federal Bankruptcy Code or any similar law, state or federal, now or hereafter existing, becomes "insolvent" as that term is generally defined under the Federal Bankruptcy Code, files an answer admitting insolvency or inability to pay its debts as they become due in any involuntary bankruptcy case commenced against it, or fails to obtain a dismissal of such case within sixty (60) days after its commencement or convert the case from one chapter of the Federal Bankruptcy Code to another chapter, or is the subject of an order for relief in such bankruptcy case, or is adjudged,a bankrupt or insolvent, or has a custodian, trustee, or receiver appointed for it, or has any court take jurisdiction of its property, or any part thereof, in any proceeding for the purpose of reorganization, arrangement, dissolution, or liquidation, and such custodian, trustee, or receiver is not discharged, or such jurisdiction is not relinquished, vacated, or stayed within sixty(60) days of the appointment. Section 3.6. Promissory Note. The Borrower shall execute a promissory note in substantially the form set forth by the State. Section 3.7. Hazard Insurance. The Borrower shall maintain insurance in adequate amounts covering loss or damage to the collateral. The Lender must be listed as loss payee. ARTICLE 4 Default Section 4.1. Default. The Borrower shall be in default under this Agreement upon the happening of any one or more of the following events: (a) The Borrower fails to pay when due any amount payable on the Loan and such nonpayment is not remedied within ten (10)business days after written notice thereof to the Borrower by the Lender; (b) The Borrower is in breach in any material respect, of any obligation or agreement under this Agreement (other than nonpayment of any amount payable on the Loan) and remains in breach in any material respect for thirty (30) business days after written notice thereof to the Borrower by the Lender; 4 provided, however, that if such breach shall reasonably be incapable of being cured within such thirty (30) business days after notice, and if the Borrower commences and diligently prosecutes the appropriate steps to cure such breach, no default shall exist so long as the Borrower is proceeding to cure such breach; (c) If any material covenant, warranty, or representation of the Borrower shall prove to be untrue in any material respect, provided such covenant,warranty or representation of the Borrower remains untrue in any material respect for thirty (30) business days after written notice thereof to the Borrower by the Lender; provided, however, that if such untruth shall reasonably be incapable of being corrected within such thirty (30) business days after notice, and if the Borrower commences and diligently prosecutes the appropriate steps to correct such untruth, no default shall exist so long as the Borrower is so proceeding to correct such untruth; (d) The Borrower.on or after the Initial Disbursement Date,fails to pay its debts as they become due, makes an assignment for the benefit of its creditors, admits in writing its inability to pay its debts as they become due,files a petition under any chapter of the Federal Bankruptcy Code or any similar law, state or federal, now or hereafter existing,becomes "insolvent"as that term is generally defined under the Federal Bankruptcy Code, files an answer admitting insolvency or inability to pay its debts as they become due in any involuntary bankruptcy case commenced against it, or fails to obtain a dismissal of such case within sixty(60)days after its commencement or convert the case from one chapter of the Federal Bankruptcy Code to another chapter,or be the subject of an order for relief in such bankruptcy case,or be adjudged a bankrupt or insolvent, or has a custodian,trustee, or receiver appointed for it, or has any court take jurisdiction of its property, or any part thereof, in any proceeding for the purpose of reorganization, arrangement, dissolution, or liquidation, and such custodian, trustee, or receiver is not discharged, or such jurisdiction is not relinquished, vacated, or stayed within sixty (60) days of the appointment; (e) A final judgment is entered against the Borrower that the Lender reasonably deems will have a material, adverse impact on the Borrower's ability to comply with the Borrower's obligations under this Agreement; (f) The Borrower sells, conveys, transfers, encumbers, or otherwise disposes of all or any part of the Development Property or the Equipment without the prior written approval of the Lender; (g) The Borrower merges or consolidates with any other entity without prior written approval of the Lender; (h) There is a loss,theft, substantial damage, or destruction to all or any part of the Equipment or substantial damage or destruction to the Development Property that is not remedied to the Lender's satisfaction within sixty(60) business days after written notice thereof by the Lender to the Borrower; or (i) The Borrower is in breach of the requirements of Section 7, the Business Subsidy Agreement. Section 4.2. Remedies Upon Default. (a) In the event of a default, the Lender shall have the right as its option and without demand or notice, to declare all or any part of the Loan immediately due and payable, and in addition to the rights and remedies granted hereby, the Lender shall have all of the rights and remedies available under the Uniform Commercial Code and any other applicable law. (b) The Borrower agrees in the event of a default to make the collateral available to the Lender. The Borrower agrees to pay the costs and expenses incurred by the Lender in enforcing its rights under this Agreement, including but not limited to the Lender's attorney's fees. If any notice of sale, disposition or 5 other intended action by the Lender is required by law to be given to the Borrower, such notice shall be deemed reasonably and properly given if mailed to the Borrower at the Development Property or at such other address of the Borrower as may be shown herein,at least fifteen(15)days before such sale,disposition or other intended action. ARTICLE 5 Disbursement Provisions Section 5.1. Payment Requisition Documentation. The Lender will disburse the loan funds upon receipt and approval by the Lender and the State of the following documentation: (a) This Agreement, fully executed; (b) Promissory note; (c) Evidence of equity injection in the amount of$736,967; (d) Security Agreement; (e) Documentation of total project costs (invoices); (f) Hazard Insurance listing City of Eden Prairie as loss payee; (g) Closing statement from Highland Bank for acquisition of real estate; (h) Sworn construction statement and lien waivers for site improvements renovation; (i) Other applicable documents. Upon receipt of such information, the Loan will be disbursed on a cost-sharing ratio of 6.0% Loan funds to 94.0% other funds. Section 5.2. Review of Documents. The Borrower shall not be entitled to any disbursement of loan proceeds until the Lender's legal counsel and the State have reviewed and approved this Agreement and the exhibits attached hereto. Section 5.3. Material Adverse Changes. The Lender and the State will not authorize disbursement of funds if there has been any material adverse change in the Borrower's financial condition,organization,operations or their ability to repay the project financing. ARTICLE 6 Information Related To Project Progress Section 6.1. Progress Information. The Borrower shall provide to the Lender information for incorporation into the Minnesota Investment Fund progress reports, as required by the State and as needed by the Lender, to monitor the Project for compliance with State and Lender guidelines. This information must be provided until the project goals have been met or until the Compliance Date, whichever is later. At the discretion of the State or Lender additional reporting may be required. This information must be submitted to the Lender no later than: (a) January 25, 2017 for the period ending December 31, 2016 (b) January 25, 2018 for the period ending December 31, 2017 (c) Within 25 days for the period ending after the Compliance Date. The Borrower shall supply to the Grantee a"redacted"payroll report dated as of the Compliance date to support the new FTE jobs created. Section 6.2 Documentation to be provided to the Lender: 6 (a) Project status and the status of payments. (b) Use of Funds. The Borrower must provide to the Lender invoices, sworn construction statements, and or any other information,with each progress report,to document that the Loan and the other Project funds have been used for the items and purposes as approved by the State. (c) Job Creation Documentation. The Borrower shall provide to the Lender information on the hiring of each New Job on forms provided by the Lender. This information must include: (1) Permanent jobs created; (2) Job title of each New Job; (3) Date of hire of each new employee; (4) Hourly cash wage; (5) Hourly value of Benefits paid; (6) Benefits. The Borrower shall supply to the Grantee a "redacted" payroll report dated as of the Compliance Date to support the new FTE jobs created. ARTICLE 7 Business Subsidy Agreement Section 7.1. Business Subsidy Agreement. The provisions of this Article constitute the"business subsidy agreement"for purposes of the Minnesota Business Subsidy Act(Minnesota Statutes Sections 116.1.993-995 and its successor statute.) (a) The Borrower acknowledges and agrees that the provisions of Minnesota's Business Subsidy Act apply to this Agreement, as Borrower is receiving government assistance under the terms of this Agreement. (1) The subsidy provided to the Borrower includes the $370,000 loan made hereunder which will be used for the purchase of machinery and equipment. (2) The public purposes and goals of the subsidy are to increase net jobs in the City. (3) The goals for the subsidy are to create jobs that pay a livable wage, per Section 7.1(b) of this Agreement. (4) If the goals in Section 7.1(b) are not satisfied,the Borrower shall make payment to the Lender as required in Section 7.2 of this Agreement. (5) The subsidy is needed because the cost of equipment make the Project economically infeasible without the Loan. (6) The Borrower must continue operations in the jurisdiction for at least five years following the Benefit Date. (7) The Borrower does not have a parent corporations. Names and Mailing Addresses of Parents (if applicable): (8) In addition to the assistance provided under this Agreement, the Borrower has not received nor expects to receive as part of the Project, financial assistance from other "grantors"as defined in the Business Subsidy Act. (b) By no later than the Compliance Date,the Borrower shall: (1) Maintain sixty-six(66)permanent,non-contract,non-seasonal FT/FTE jobs; and (2) Create at least twenty (20)New Jobs on the Compliance Date at the Development Property. The New Jobs must pay a base cash wage of at least$14.00 per hour(exclusive 7 of Benefits)plus a Benefit package sufficient for these New Jobs at a value of at least$4.00 per hour. Compensation Package shall be at least$18.00 per hour. New Jobs created after April 26, 2016 will count toward the Borrower's job creation goal. Section 7.2. Default on Business Subsidy Act Requirements. (a) If the Borrower fails to meet the job creation goal and wage level commitment set forth in Section 7.1(b) hereof by the Compliance Date, the Lender may, after holding a public hearing, extend the Compliance Date for one year, after approval from the State. If the grant period is not extended or if after the extension the Borrower fails to meet the job creation goal and wage commitment, the Borrower will be required to repay to the Lender, within thirty(30) days of the expiration of the extension. , a pro rata share of the Loan principal at $5000.00 of the "City's Forgivable Portion" of the Loan per job not created; plus $13,500.00 of the"State's Repayable Portion"of the Loan per job not created(the"Recaptured Principal"), plus Recapture Interest as defined in Section 7.2(b). (b) In an event of an Event of Default arising from a breach by the Borrower of any provision of Section 7.1(b)of this Agreement, Borrower shall pay interest on the Recaptured Principal at a rate that is the greater of 6.0% or the implicit price deflator defined in Minnesota Statutes, Section 275.70, Subdivision 2 ("Recapture Interest"). If the implicit price deflator exceeds six percent(6.0%)on the date of the earliest such Event of Default,the Borrower shall pay to the Lender the difference between the present value of the interest actually paid and accrued on the Loan as of the date of the payment required by this Section 7.2 and the amount of interest that would have been paid and accrued on the Loan if the interest rate of the Loan at all times had been equal to the implicit price deflator on the date of the earliest Event of Default; (c) Interest required in Section 7.2 (b)shall commence to accrue as of the Initial Disbursement Date; (d) Nothing in this Section 7.2 shall be construed to limit the Lender's rights or remedies under any other provision of this Agreement, and the provisions of Section 7.2 are in addition to any other such right or remedy the Lender may have available. Section 7.3. Reporting. (a) The Borrower shall provide to the Lender information regarding job and wage goals and results for two years after the benefit date or until the goals are met, whichever is later. This reporting requirement will expire if the goals are met by the Compliance Date. If the goals are not met,the Borrower must continue to provide information on the Loan until the Loan is repaid. The information must be filed on the Non-JOBZ Minnesota Business Assistance form as found on the MN Department of Employment and Economic Development website: http://mn.gov/deed/government/business-subsidy/report-forms/index. sp This information must be provided to the Lender no later than March 1 of each year for the previous year. If the Borrower does not submit the report, the Lender shall mail the Borrower a warning within one week of the required filing date. If, after 14 days of the postmarked date of the warning, the Borrower fails to provide a report, the Borrower must pay to the Lender a penalty of$100 for each subsequent day until the report is filed. The maximum penalty shall not exceed $1,000. (b) This report is in addition to the report discussed in Section 6 of this Agreement. ARTICLE 8 Job Listing Agreement 8 Section 8.1. Job Listing Agreement. (Minnesota Statutes Section 116L.66 and any successor statutes). When the Loan is for$200,000 or more,the Borrower shall enter into a Job Listing Agreement with the local Workforce Development Center, MN Department of Employment and Economic Development. ARTICLE 9 Non-discrimination Section 9.1. Discrimination on Account of Race, Creed, or Color. The provisions of Minnesota Statutes, Section 181.59 and any successor statutes,which relate to civil rights and discrimination,shall be considered a part of this Agreement as though wholly set forth herein and the Borrower shall comply with each such provision throughout the term of this Agreement. ARTICLE 10 Borrower's Acknowledgments,Representations, and Warranties Section 10.1. Acknowledgments. (a)The Borrower acknowledges that the Lender, in order to obtain funds for part of the Borrower's activities in connection with the Project,has applied for the MIF Grant to the State under the Minnesota Investment Fund Program, Business and Community Development Division, and that the Lender has entered into the Grant Contract with the State, setting forth the terms, conditions, and requirements of the MIF Grant. The Borrower further acknowledges that it has made certain representations and statements in the Grant Application concerning its activities relating to the Project,and that the Borrower is designated and identified under the Grant Contract. (b) A copy of the Grant Contract and this Loan Agreement shall be on file in the offices of the Lender. In the event any provision of this Agreement relating to the Borrower's obligations hereunder is inconsistent with the provisions of the Grant Contract relating to the Borrower's activities there under, the provisions of the Grant Contract shall prevail. Borrower agrees to comply with the obligations of Lender under the Grant Contract including but not limited to the following: 2.3 Provisions for Contracts and Sub- Grants; 5. Conditions of Payment; 9. State Audits; 10. Government Data Practices; 11. Workers' Compensation; 12. Subsidy Law; 20. Debarment and Suspension Certification; and Exhibit A; Grantees Duties. (c) The Borrower acknowledges that nothing contained in the Grant Contract or this Agreement, nor any act of the State or the Lender, shall be deemed or construed to create between the State and the Borrower (or, except as Borrower and Lender between the Lender and the Borrower) any relationship, including but not limited to that of third-party beneficiary, principal and agent, limited or general partnership, or joint venture. Section 10.2. Representations and Warranties. The Borrower warrants and represents, in connection with the Loan and for the benefit of the State and the Lender, that: (a) Representations, statements, and other matters provided by the Borrower relating to those activities of the Project to be completed by the Borrower, which were contained in the Grant Application, were true and complete in all material respects as of the date of submission to the Lender and that such representations,statements,and other matters are true in all material respects as of the date of this Agreement and that there are no adverse material changes in the financial condition of the Borrower's business. (b) The Borrower acknowledges that the State, in selecting the Lender as recipient of the MIF Grant, relied in material part upon the assured completion of the Project to be carried out by the Borrower, and the Borrower warrants that said Project will be carried out as promised. 9 (c) The Borrower warrants that to the best of its knowledge, it has obtained all federal, state, and local governmental approvals, reviews, and permits required by law to be obtained in connection with the Project and has undertaken and completed all actions necessary for it to lawfully execute this Agreement as binding upon it. (d) The Borrower warrants that it has fully complied with all applicable local,state, and federal laws pertaining to its business and will continue such compliance throughout the terms of this Agreement. If at any time notice of noncompliance is received by the Borrower, the Borrower agrees to take any necessary action to comply with the local, state, or federal law in question. (e) The Borrower warrants that it shall keep and maintain books, records,and other documents relating directly to the other Project funds, and that any duly authorized representative of the State shall, at all reasonable times,have access to and the right to inspect,copy,audit,and examine all such books,records, and other documents of the Borrower until such time that the Lender and the State have both determined that all issues,requirements, and close-out procedures relating to or arising out of the Loan have been settled and completed. (f) The Borrower warrants that no transfer of any or all of the Loan Proceeds by the Lender to the Borrower shall be or be deemed an assignment of Loan Proceeds,and the Borrower shall neither succeed to any rights, benefits, or advantages of the Lender under the Grant Contract,nor attain any right,privileges, authorities, or interest in or under the Grant Contract. ARTICLE 11 Other Conditions Section 11.1. Project Time Frame. The time frame outlined in the Grant Application and Grant Contract pertaining to the Project shall be met by the Borrower. Section 11.2. Promissory Note. The Borrower shall execute a promissory note in substantially the form set forth by the State. Section 11.3. Collateral. The Borrower shall furnish the Lender Security Agreement listing the equipment purchased as part of the Project. Section 11.4. Hazard Insurance. The Borrower shall maintain insurance in adequate amounts covering loss or damage to the collateral. The Lender must be listed as loss payee. Section 11.5. Prevailing Wage. (a) If the Borrower is awarded $500,000 or more of loan proceeds and the Loan is used for construction, installation (including equipment), remodeling and or repairs, the Borrower shall fully and completely comply with all applicable prevailing wage requirements contained in Minn. Statutes § 116J.871 and § 177.42, subd. 6. The Borrower shall maintain or provide access to all documentation necessary to establish that the required prevailing wage was paid and shall allow the Lender, the Commissioner of the Department of Labor and Industry and the State reasonable access to such data. (b) Penalty. It is a misdemeanor for the Borrower, who has certified that prevailing wages will be paid to laborers and mechanics to subsequently fail to pay the prevailing wage.Each day a violation of this subdivision continues is a separate offense. 10 Section 11.6. Surety Deposits Required for Construction Contracts. If the Loan is used for construction, and the Borrower is hiring, contracting, or having a contract with a nonresidential person or foreign corporation to perform construction work,the Borrower must comply with Minnesota Statutes 290.9705,as amended,by deducting and withholding eight percent of cumulative calendar year payments to the contractor which exceeds $50,000. This condition may be waived if(1)the contractor gives the commissioner a cash surety or a bond, secured by an insurance company licensed by Minnesota, conditioned that the contractor will comply with all applicable provisions of this chapter and chapter 297A, or(2)the contractor has done construction work in Minnesota at any time during the three calendar years prior to entering the contract and has fully complied with all provisions of this chapter and chapter 297A for the three prior years. Section 11.7. Publicity and Endorsement (a) Publicity. Any publicity regarding the subject matter of this Loan Agreement must identify the State as the sponsoring agency. For purposes of this provision,publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. (b) Endorsement.The Lender and the Borrower must not claim that the State endorses its products or services. Section 11.8. Workers Compensation Insurance. The Borrower has obtained workers compensation insurance as required by Minnesota Statutes, Section 176.181, subd. 2. The Borrower's workers compensation insurance information is as follows: (a) Company Name: Travelers Insurance (b) Policy Number: YSUB-3E55616-3-16 (c) Local Agent: Gary Christiansen through American Agency Inc. Section 11.9. Effect on Other Agreements. Nothing in this Agreement shall be construed to modify any term of any other agreement to which the Lender and the Borrower are parties. Section 11.10. Release and Indemnification Covenants. Except for any breach of the representations and warranties of the Lender or the negligence or other wrongful act or omission of the following named parties, the Borrower agrees to protect and defend the Lender and the governing body members, officers, agents, servants, and employees thereof, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action, or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from the acquisition,construction,installation,ownership,maintenance,and operation of the Project and the Borrower's activities on the Development Property. Section 11.11. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Borrower and the Lender and approved by the State. Section 11.12. Notices and Demands. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered only if it is dispatched by registered or certified mail, postage prepaid, return receipt requested,or delivered personally: 11 (a) as to the Lender: City of Eden Prairie ATTN: David Lindahl Economic Development Director 8080 Mitchell Road, Eden Prairie,MN 55344 (b) as to the Borrower: Clim-A-Tech Industries, Inc. ATTN: Matthew Jacobson 6950 Washington Avenue, Eden Prairie,MN 55344 or at such other address with respect to any party as that party may, from time to time, designate in writing and forward to the others as provided in this Section 11.12. Section 11.13. Conflict of Interests; Representatives Not Individually Liable. (a) No employee, officer or agent of the Lender shall participate in the administration of a contract supported by this Loan if a conflict of interest, real or apparent, would be involved.No employee, officer or agent of the Lender may obtain a financial interest in any agreement with respect to the Loan.No employee, officer, or agent of the Lender shall be personally liable to the Borrower or any successor in interest in the event of any default or breach by the Lender or for any amount that may become due to the Borrower or on any obligation or term of this Agreement. (b) To the best of the Borrower's knowledge, no member, officer, or employee of the Lender, or its officers, employees, designees,or agents,no consultant, member of the governing body of the Lender, and no other public official of the Lender, who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Project or in any activity, or benefit there from, which is part of the Project. Section 11.14. Binding Effect. The covenants and agreements in this Agreement shall bind and benefit the heirs, executors, administrators, successors, and assigns of the parties to this Agreement. Section 11.15. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Development Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 11.16. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted only for convenience of reference and shall be disregarded in construing or interpreting any of its provisions. Section 11.17. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 11.18. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota without regard to its conflict of laws provisions. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 12 Section 11.19. Waiver. The failure or delay of any party to take any action or assert any right or remedy, or the partial exercise by any party of any right or remedy shall not be deemed to be a waiver of such action, right, or remedy if the circumstances creating such action,right, or remedy continue or repeat. Section 11.20. Entire Agreement. This Agreement,with the exhibits hereto,constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations, and understandings of the parties pertaining to the subject matter of this Agreement. Section 11.21. Severability. Wherever possible, each provision of this Agreement and each related document shall be interpreted so that it is valid under applicable law. If any provision of this Agreement or any related document is to any extent found invalid by a court or other governmental entity of competent jurisdiction,that provision shall be ineffective only to the extent of such invalidity,without invalidating the remainder of such provision or the remaining provisions of this Agreement or any other related document. Section 11.22. Immunity. Nothing in this Agreement shall be construed as a waiver by the Lender of any immunities, defenses, or other limitations on liability to which the Lender is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Chapter 466. [Remainder of page intentionally blank] 13 IN WITNESS WHEREOF,the Lender has caused this Agreement to be duly executed in its name and behalf and the Borrower has caused this Agreement to be duly executed in its name and behalf as of the date first above written. City of Eden Prairie By Nancy Tyra-Lukens Its: Mayor By Rick Getschow Its: City Manager Clim-A-Tech Industries, Inc: Its • Its 14 EXHIBIT A Legal Description of Development Property That part of the South Half of the Southeast Quarter of the Southeast Quarter of Section 1,Township 116 North, Range 22 West of the 5th Principal Meridian, lying South of the North 70 feet thereof, and lying East of the West 612.85 feet thereof, and lying Southwesterly of the center line of Old Hennepin County Road No. 18(also known as Washington Avenue), according to the United States Government Survey thereof and situated in Hennepin County,Minnesota. EXHIBIT B List of Equipment(s) Chiller System Air Compressor System Flashcutter Machine Office Furniture and Fixtures EXHIBIT C Grant Contract 15 1 1 1 SECURITY AGREEMENT 4 This security agreement(the "Security Agreement") is made and given as of this errifday of , 2016, by Clim-A-Tech Industries, Inc. with its principal place of business at 6950 Washington Ave, Eden Prairie, MN 55344 (the "Borrower") in favor of the City of Eden Prairie,with its offices at 8080 Mitchell Road, Eden Prairie, MN 55344 and its endorsees, successors and assigns (the "Lender"). RECITALS A. Lender and Borrower have entered into a certain Loan Agreement, dated e/r/o as of the date hereof(the "Loan Agreement"),pursuant to which Lender will loan to Borrower no more than $370,000 (the "Loan") to assist with the acquisition of 93,880 square foot existing building, renovation, site improvements of the building, purchase and installation of equipment on the Development Property. The Borrower has agreed to grant to the Lender a security interest in certain pieces of equipment(the"Equipment)described on the Exhibit B attached hereto, such Equipment to be located at the Development Property site described on the Exhibit A attached hereto (the "Development Property"). Borrower's payment obligations under the Loan Agreement will be evidenced by a promissory note(the "Note")dated as of the date hereof. B. As security for the repayment of the Loan, Lender has required that Borrower execute and deliver to Lender this Security Agreement granting a security interest to Lender in the Equipment. C. The Note,this Security Agreement, and any other instruments or documents given as security for the Loan are herein referred to as the "Loan Documents". NOW, THEREFORE, for good and valuable consideration,the receipt and adequacy of which are hereby acknowledged by Borrower, it is agreed as follows: 1. Grant of Security Interest. As security for the payment and performance of the Note and all other liabilities, obligations, and indebtedness of Borrower to Lender due or to become due, direct or indirect, absolute or contingent,joint or several, howsoever created, now or hereafter at any time created, arising, or evidenced under or pursuant to the Loan Documents,the Note or this Security Agreement or any other document or instrument evidencing or securing the Note, Borrower does hereby transfer, assign, and grant to Lender a security interest in all of Borrower's right, title, and interest in and to the following (hereinafter collectively referred to as the "Collateral"), whether now owned or hereafter acquired or arising: (a) the Equipment; and (b) any and all proceeds of the foregoing. 2. Borrower's Representations, Warranties and Covenants. Borrower represents, warrants, covenants, and agrees: (a) Organization. Borrower is a Minnesota corporation validly existing and in good standing under the laws of the state of Minnesota, and Borrower has full power and authority to execute, deliver, and perform the Loan Documents, and to own its property and conduct its business as presently conducted and as proposed to be conducted. (b) Authorization. The execution, delivery, and performance of this Security Agreement have been duly authorized by all necessary action and will not: (i) require any consent or approval of any entity that has not been obtained; or (ii) violate any provision of any indenture, contract, agreement, or instrument to 1 which Borrower is a party or by which it is bound. (c) Performance by Borrower. Unless Borrower obtains Lender's prior written consent, Borrower shall not: (i) terminate its interest in any of the Collateral; or (ii) sell,transfer, or assign, or offer to sell,transfer or assign all or any part of the Collateral or permit all or any part of the Collateral to be sold, transferred, or assigned; or (iii) remove or consent to the removal of any of the Equipment from the Development Property. (d) Title to Collateral. Borrower shall keep good marketable title to all of the Collateral, and none of the Collateral is subject to any lien or security interest except for the security interest created by this Security Agreement and other security interests consented to in writing by Lender. Borrower has not granted,and will not grant or permit to exist, any lien or security interests in all or a portion of the Collateral other than the liens in favor of Lender and other liens consented to in writing by Lender. Borrower shall defend the Collateral against all claims and demands of all and any other persons at any time claiming any interest therein adverse to Lender. (e) Actions and Proceedings. There are no actions at law, suits in equity, or other proceedings pending before or expected to be filed with any court, governmental agency, commission, bureau, tribunal, or other arbitration proceedings against or affecting Borrower that if adversely determined would adversely affect Borrower's interest in the Collateral or would adversely affect the rights of Borrower to pledge and assign all or a part of the Collateral or the rights and security afforded Lender hereunder. (f) Insurance. Borrower agrees it will keep the Equipment insured at all times against loss by fire and other hazards concerning which, in the judgment of Lender, insurance protection is reasonably necessary and in amounts sufficient to protect against loss or damage of the Equipment. Such policy or policies will contain a loss payable clause in favor of Lender or its successors or assigns, in form satisfactory to Lender, provided, however,that Borrower may, at its reasonable discretion, self-insure the Equipment. (g) No Fixture. If any of the Collateral is or becomes a fixture, Borrower agrees to furnish Lender, at Lender's request, with a statement or statements signed by all persons who have or claim an interest in the real estate concerned,which statements shall provide that the signer consents to the security interest created hereby and disclaims any interest in the Collateral as fixtures. (h) Understandings Regarding Collateral. Borrower acknowledges that the Collateral is of the design, capacity, and manufacture specified for and by Borrower, and that Borrower is satisfied that the same is suitable for its intended purposes. Borrower further acknowledges and agrees that Lender has not made,and does not make,any representation, warranty, or covenant with respect to merchantability, fitness for any purpose, durability, patent, copyright or Economic mark infringement, suitability, or capability of any item of Collateral in any respect or in connection with any other purpose or use of Borrower, or any other representation, warranty, or covenant of any kind or character expressed or implied with respect thereto. Borrower accordingly agrees not to assert any claim whatsoever against Lender based thereon. Borrower further agrees, regardless of cause, not to assert any claim whatsoever against Lender for loss of anticipatory profits or 2 consequential damages. (i) Use of Collateral. The Collateral will be used for its intended business purpose and will at all times be located at the Development Property. (j) Condition of Collateral. Borrower will keep the Collateral in good condition and repair, reasonable wear and tear excepted, will permit Lender to enter upon the Development Property at reasonable times for the purpose of examining the Collateral. (k) Costs of Collection. In the event of any action or proceeding to collect or realize upon the Collateral or to enforce any of Lender's rights hereunder,Borrower shall pay: (i) all of Lender's attorneys fees and other legal expenses, with interest thereon, incurred by Lender; (ii) all taxes, levies, insurance expenses, and costs of repairs to, or maintenance of,the Collateral; and (iii) all costs of Lender incurred in taking possession of, disposing of or preserving the Collateral after any Event of Default(defined below). 3. Event of Default. Upon the event of a default under the Loan Documents"Event of Default", Lender may exercise any remedy available to it under the terms of the Loan Documents. 4. Further Assurances. Borrower shall execute and deliver to Lender, promptly and at Borrower's expense,Uniform Commercial Code("Code")financing statements and evidence of tax filings and payments, including without limitation a UCC-1 Financing Statement in substantially the form set forth by the Minnesota Secretary of State's Office. Borrower agrees that: (i) Lender is authorized, at its option, to file a carbon, photographic, or other reproduction of this Security Agreement as a financing statement and that such statement shall be sufficient as a financing statement under the Code; and(ii)Lender is authorized to file financing statements or amendments thereto without the signature of Borrower, provided that if a signature is required by law, then Borrower appoints Lender as Borrower's attorney-in-fact to execute any such financing statements. 5. Cumulative Remedies. All of Lender's rights and remedies herein are cumulative and in addition to any rights or remedies available at law or in equity including the Code, and may be exercised concurrently or separately. Borrower shall pay all costs, expenses, losses, damages and legal costs (including attorneys fees) incurred by Lender as a result of enforcing any terms or conditions of this Security Agreement. 6. No Liability Imposed on Lender. Lender shall not be obligated to perform or discharge, nor does it hereby undertake to perform or discharge any obligation,duty,or liability,nor shall this Security Agreement operate to place responsibility for the control, care, or management of the Equipment upon Lender. 7. Indemnification. Borrower agrees to defend,protect,indemnify and hold Lender harmless of and from any and all liability, loss, and damage that Lender does, may, or might incur under or by reason of this Security Agreement, and of and from any and all claims and demands whatsoever which may be asserted against Lender by reason of any alleged obligations or undertakings to perform or discharge any of the terms, covenants, or agreements contained herein. Should Lender incur any such liability or be required to defend against any such claims or demands, or should a judgment be entered against Lender,the amount thereof, including costs,expenses, and reasonable attorney's fees, shall bear interest thereon at the rate then in effect on the State's Repayable Portion of the Note and the City's forgivable Portion of the Note, shall be secured hereby, shall be added to the Loan, and Borrower shall reimburse Lender for the same immediately upon demand, and 3 upon the failure of Borrower so to do,Lender may declare the Loan immediately due and payable. 8. Expenses of Lender. All expenses in protecting, storing,warehousing, insuring,handling, and shipping of the Collateral, all costs of keeping the Collateral free of liens, encumbrances and security interests (other than the security interest created by this Security Agreement) and the removing of the same and all excise, property, sales, and use taxes imposed by state, federal, or local authority on any of the Collateral or with respect to the sale thereof, shall be borne and paid for by Borrower and if Borrower fails to promptly pay any amounts thereof when due,Lender may, at its option, but shall not be required to, pay the same, and upon such payment the same shall constitute obligations of the Borrower and shall bear interest at the rate specified in the State's Repayable Portion of the Note and shall be secured by the security interests granted hereunder. 9. Continuing Rights. The rights and powers of Lender hereunder shall continue and remain in full force effect until the State's Repayable Portion of the Loan is paid in full and the City's forgivable Portion of the Loan is forgiven. 10. Books and Records. Borrower will permit Lender and its representatives to examine Borrower's books and records (including data processing records and systems) with respect to the Collateral and make copies thereof at any time and from time to time, and Borrower will furnish such information reports to Lender and its representatives regarding the Collateral as Lender and its representatives may from time to time request. Lender shall have the authority, at any time, to require Borrower to place upon Borrower's books and records relating to the Collateral and other rights to payment covered by the security interest created in this Security Agreement a notation stating that any such Collateral and other rights of payment are subject to a security interest in favor of Lender. 11. Effect on Other Agreements. Nothing in this Security Agreement shall be construed to modify any term of any other agreement to which Lender and Borrower are parties. 12. Release and Indemnification Covenants. Except for any breach of the representations and warranties of Lender or the negligence or other wrongful act or omission of the following named parties, Borrower agrees to protect and defend Lender and the governing body members, officers, agents, servants and employees thereof, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from the acquisition, construction, installation, ownership, maintenance, and operation of the Equipment. 13. Modifications. This Security Agreement may be modified solely through written amendments hereto executed by Lender and Borrower and approved by the State. 14. Notices and Demands. Any notice, demand, or other communication under this Security Agreement by either party to the other shall be sufficiently given or delivered only if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally: (a) as to the Lender: City of Eden Prairie ATTN: David Lindahl Economic Development Director 8080 Mitchell Road, Eden Prairie, MN 55344 (b) as to the Borrower: Clim-A-Tech Industries, Inc. ATTN: Matthew Jacobson 6950 Washington Avenue, Eden Prairie,MN 55344 4 or at such other address with respect to any party as that party may,from time to time, designate in writing and forward to the others as provided in this Section 14. 15. Conflict of Interests; Representatives Not Individually Liable. No officer or employee of Lender may acquire any financial interest, direct or indirect, in this Security Agreement, the Equipment, or in any contract related to the Equipment. No officer, agent, or employee of Lender shall be personally liable to Borrower, or any successor in interest, in the event of any default or breach by Lender or for any amount which may become due to Borrower or on any obligation or term of this Security Agreement. 16. Binding Effect. The covenants and agreements in this Security Agreement shall bind and benefit the heirs, executors, administrators, successors, and assigns of the parties to this Security Agreement. 17. Merger. None of the provisions of this Security Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Development Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Security Agreement. 18. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Security Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 19. Counterparts. This Security Agreement may be executed in any number of counterparts, each of whom shall constitute one and the same instrument. 20. Choice of Law and Venue. This Security Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota without regard to its conflict of laws provisions. Any disputes, controversies, or claims arising out of this Security Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Security Agreement waive any objection to the jurisdiction of these courts,whether based on convenience or otherwise. 21. Waiver. The failure of any party to take any action or assert any right or remedy, or the partial exercise by any party of any right or remedy, shall not be deemed to be a waiver of such action, right, or remedy if the circumstances creating such action, right, or remedy continue or repeat. 22. Entire Agreement. This Security Agreement, with the other Loan Documents constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations, and understandings of the parties pertaining to the subject matter of this Security Agreement. 23. Separability. Wherever possible, each provision of this Security Agreement and each related document shall be interpreted so that it is valid under applicable law. If any provision of this Security Agreement or any related document is to any extent found invalid by a court or other governmental entity of competent jurisdiction,that provision shall be ineffective only to the extent of such invalidity,without invalidating the remainder of such provision or the remaining provisions of this Security Agreement or any other related document. 24. Immunity. Nothing in this Security Agreement shall be construed as a waiver by the Lender of any immunities,defenses,or other limitations on liability to which the Lender is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Chapter 466. 5 25. Other Matters. All representations and warranties contained in this Security Agreement or in any other agreement between Borrower and Lender shall survive the execution, delivery and performance of this Security Agreement and the creation and payment of any indebtedness to Lender. Borrower waives notice of the acceptance of this Security Agreement by Lender. IN WITNESS WHEREOF,Lender has caused this Security Agreement to be duly executed in its name and behalf and Borrower has caused this Security Agreement to be duly executed in its name and behalf as of the date first above written. LENDER: City of Eden Prairie , By: Nancy Tyra-Lukens Its: Mayor By: Rick Getschow Its: City Manager BORROWER: Clim-A-Tech Industries Inc., a Minnesota corporation By• Its: 6 EXHIBIT A Legal Description of Development Property That part of the South Half of the Southeast Quarter of the Southeast Quarter of Section 1, Township 116 North, Range 22 West of the 5th Principal Meridian, lying South of the North 70 feet thereof, and lying East of the West 612.85 feet thereof, and lying Southwesterly of the center line of Old Hennepin County Road No. 18 (also known as Washington Avenue), according to the United States Government Survey thereof and situated in Hennepin County,Minnesota. EXHIBIT B List of Equipment(s) Chiller System Air Compressor System Flashcutter Machine Office Furniture and Fixtures 7 SECURITY INTEREST SUBORDINATION AGREEMENT TO: City of Eden Prairie, with its offices at 8080 Mitchell Road, Eden Prairie, MN 55344 and its endorsees, successors and assigns ("Lender"). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and to induce the Lender to make a loan in the principal amount of Three Hundred Seventy Thousand Dollars ($370,000.00) (the "DEED Loan") to Clim-A-Tech Industries, Inc., a Minnesota corporation (the "Borrower"), Highland Bank, a Minnesota banking corporation, ("Highland Bank"), hereby agrees that, regardless of any priority otherwise available to Highland Bank by law or by agreement, any security interest which Highland Bank may now hold or may at any time hereafter acquire in any or all of the personal property of the Borrower described in Exhibit A attached hereto and made a part hereof (collectively, the "DEED Collateral"), together all proceeds thereof, is, shall be, and shall remain fully subordinate for all purposes to any security interest now held or at any time hereafter granted to or acquired by the Lender in any portion or all of the DEED Collateral as security for the DEED Loan. Highland Bank further covenants and agrees that: 1. For purposes of securing the DEED Loan, Lender shall have a first and senior security interest in all of the DEED Collateral, and the security interest of the Highland Bank thereon shall be subordinate and junior to the security interest of the Lender securing the DEED Loan. 2. The priority specified herein is applicable irrespective of the time or order of attachment or perfection of any security interest or the time or order of filing of any UCC financing statements, or the giving or failure to give notice of the acquisition or the expected acquisition of any purchase money or other security interest in the DEED Collateral. 3. The priority specified in this Security Interest Subordination Agreement (this "Agreement") shall remain in full force and effect until the DEED Loan is fully paid. 4. Highland Bank shall not exercise any collection rights with respect to the DEED Collateral, shall not take possession of, sell or dispose of, or otherwise deal with, the DEED Collateral, and shall not exercise or enforce any right or remedy which may be available to Highland Bank with respect to the DEED Collateral upon default, without first providing the Lender with not less than thirty (30) days advance written notice of such action. Any notice under this Section 4 to Lender shall be sufficiently given or delivered only if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the following address or such other address as may hereafter be given by Lender to Highland Bank: City of Eden Prairie ATTN: David Lindahl Economic Development Director 8080 Mitchell Road Eden Prairie, MN 55344 5. Lender may exercise collection rights, may take possession of, sell or dispose of, and otherwise deal with, the DEED Collateral, and may exercise and enforce any right or remedy 10049�133.7 I available to Lender with respect to the DEED Collateral, whether available prior to or after the occurrence of any default Lender shall provide Highland Bank with not less than thirty (30) day's prior written notice of any intended disposition of the DEED Collateral. Any notice under this Section 5 to Highland Bank shall be sufficiently given or delivered only if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the following address or such other address as may hereafter be given by Highland Bank to Lender: Highland Bank ATTN: Thomas W. Klick 1730 Plymouth Road Minnetonka, Minnesota 55305 6. Neither Highland Bank nor Lender: (i) makes any representation or warranty concerning the DEED Collateral or the validity, perfection or, except as to the subordination accomplished hereby, priority of any security interest therein; or (ii) shall have any duty to preserve, protect, care for, insure, take possession of; collect, dispose of or otherwise realize upon any of the DEED Collateral. 7. Highland Bank waives any priority available to Highland Bank by law with respect to any security interest in the DEED Collateral, but the priority or parity of the rights and claims of Highland Bank and Lender as general creditors of Borrower (rather than as secured parties) shall not be affected or impaired by this Agreement. 8. This Agreement and the subordination of Highland Bank's security interest herein shall be applicable only to the DEED Loan and only to the DEED Collateral. 9. This Agreement is made under the laws of the State of Minnesota, without regard to principles of conflicts of law. It cannot be waived or changed or ended, except by a writing signed by the Highland Bank and Lender. This Agreement is made between the Lender and Highland Bank. It shall be binding upon Highland Bank and the representatives, successors and assigns of Highland Bank and shall inure to the benefit of; and shall be enforceable by, Lender and its successors and assigns. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK AND THE FOLLOWING PAGES ARE THE SIGNATURE PAGES OF HIGHLAND BANK AS LENDER f110442l33,2 f 2 IN WITNESS WHEREOF, the undersigned by its authorized agents or officers have caused this Agreement to be duly executed and effective on the 34° day of August, 2016. HIGHLAND BANK: Highland Bank (A Minnesota banking corporation) / 0*ilel Thomas W.Klick Its: Vice President STATE OF 11IINNESOTA ) ) ss. COUNTY OF , The foregoing instrument was acknowledged before me on August3�l 2016, by Thomas W. Klick, as a Vice President of Highland Bank, a Minnesota banking corporation, on behalf of said banking corporation. Al. DEBORAH R. LUCAS ` ut.w (Notarial Seal) ""ly otar Public Notary Public-Minnesota ;,iY My Commission Expires Jan Si,2020 This is a signature to that certain Security Interest Subordination Agreement dated effective August 3413, 2016. O04921312 3 LENDER: City of Eden Prairie By: Nancy Tyra-Lukens Its: Mayor By: Rick Getschow Its: City Manager This is a signature page to that certain Security Interest Subordination Agreement dated effective August , 2016. [00492133_2 1 4 EXHIBIT "A" DEED COLLATERAL All of the following now or hereafter acquired by Borrower with the proceeds of the DEED Loan: One (1) Chiller System One (1) Air Compressor System One (1) Flashcutter Machine Office Furniture and Fixtures 110492133.2 CITY COUNCIL AGENDA DATE: SECTION: Consent August 16, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Community Development Approve Rehabilitation of Pioneer Estates, a Janet Jeremiah, Director senior group home, with Community Molly Koivumaki, Housing and Development Block Grant Funds Human Services Manager Requested Action Move to: Approve the Grant Program Agreement for the use of an additional $25,000 in CDBG funds for accessibility improvements to Pioneer Estates, a group home which serves elderly people. Synopsis Pioneer Estates has requested a grant in an amount up to $25,000 to make accessibility improvements to their newly purchased facility at 8761 Preserve Blvd. These improvements include; addition of a lift chair to transport residents between floors, construction of an ADA bathroom that will include a zero entrance shower, toilet and sink, make front entry accessible by raising interior entry way to remove step up and replacing cracked and unsafe concrete leading to front entry and around house to side entry. The CDBG funds to be used are generated from 2015 program income, and the expenditure will not take funds from any other program and will assist in the city's obligation to expend program income in a timely manner. Background Information Pioneer Estates of Eden Prairie is a residential care home company located in Eden Prairie, MN. The facility currently provides room, board, and services for up to (19) elderly residents with dementia in two separate homes. The facilities are residential style group homes that offer a warm, inviting, home-like atmosphere. The company recently purchased one additional property at 8761 Preserve Blvd that is adjacent to the present facilities. The property shares a common driveway with the present buildings and is identical to them in terms of building design. The new building will have eight private or semi- private bedrooms, seven baths, and ample common space for incoming residents. Attachment Grant Program Agreement CITY OF EDEN PRAIRIE HOUSING REHABILITATION GRANT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this day of August, 2016, by and between 8761Partners, LLC , a Minnesota limited liability company having its registered office at 4931 West 35th Street #100, St Louis Park, Minnesota 55416 (hereinafter referred to as "Recipient"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344 (hereinafter referred to as the"City"). WHEREAS, Recipient owns and operates the parcel of property and home located thereon legally described on attached Exhibit A and hereinafter referred to collectively or individually as the"Real Property" and; WHEREAS, Recipient owns and operates the Real Property for the purpose of providing services to senior citizens; and WHEREAS, the City intends through this Grant Agreement to provide Recipient with up to Twenty-Five Thousand and no/100 dollars ($25,000.00) as a grant (hereinafter referred to as "the Grant") for rehabilitation work on the Real Property as described herein; and WHEREAS, Recipient and the City desire to set forth the terms under which the Grant shall be provided by City to Recipient. NOW, THEREFORE, in consideration of said Grant, the receipt and sufficiency of which is hereby acknowledged by Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Use of Grant Proceeds. Recipient shall use the Grant proceeds solely to perform rehabilitation work(the "Work") on the Real Property. Said Work shall be limited to that which is described on attached Exhibit B. All Work shall be subject to the City's approval. 2. Selection of Contractor. Within thirty (30) days of the execution of this Agreement, Recipient shall present to the City two qualified, proposed contractors and their bids to perform the Work. To be qualified, a proposed contractor must (1) be determined by the City, in its sole discretion,to be capable of performing the Work, (2)be licensed in the State of Minnesota, and(3) submit a bid of not more than$25,000.00 to complete the Work. The City shall select the contractor to perform the Work(the"Contractor"). 3. Determination of Final Grant Amount. The Contractor's bid shall be the final sum of the Grant. Recipient expressly consents to the City entering into a Work Contract with the Contractor. The City shall pay the final sum,not to exceed the amount of the Grant, directly to the Contractor upon completion of the Work satisfactory to the City, to be determined in its sole discretion. The City shall inspect the Work to determine if the Work has been satisfactorily completed and been performed in accordance with the Contract Documents. 4. Recipient's Covenants. Recipient covenants with the City that Recipient is eligible for the Grant under the following conditions: 4.1. The Real Property is owned by Recipient as of the date of the Grant, and Recipient has no present intention to rent the Real Property, or to sell, assign, or transfer Recipient's interest in the Real Property to another; 4.2. The proceeds of the Grant will be used only for the Work described in Paragraph 1; 4.3. Recipient has made no material misstatement of fact in connection with Recipient's application for the Grant; and 4.4. Recipient will direct the Contractor in the Contractor's performance of the Work, provide the Contractor with access to the Real Property requested by the Contractor in order to perform the Work, and will cooperate with the Contractor in the Contractor's performance of the Work. 5. Termination. If, after five (5) years from the date of this Agreement, Recipient is not in default under any terms of this Agreement, Recipient's repayment obligations set forth herein shall terminate. 6. Events of Default. If any one or more of the following events (each an "Event of Default") occurs within five(5)years from the date of this Agreement,Recipient shall be in default: 6.1. The Real Property, in whole or in part, is sold, transferred, or otherwise conveyed, whether by deed, contract for deed, or otherwise, and whether voluntarily or involuntarily. Recipient shall, when practicable, give written notice to the City thirty (30) days prior to the occurrence of this Event of Default. 2 6.2. The Real Property ceases for any reason to be used by Recipient as a home for senior citizens. Recipient shall, when practicable, give written notice to the City thirty(30) days prior to the occurrence of this Event of Default. 6.3. Recipient ceases operations for any reason. Recipient shall, when practicable, give written notice to the City thirty (30) days prior to the occurrence of this Event of Default. 6.4. Recipient fails to cure a breach of any covenant, term or condition contained in this Agreement for a period of thirty(30) days after the City has given Recipient written notice specifying the breach and requesting that it be cured,unless the City agrees in writing to an extension of such time prior to its expiration. 6.5. Any representation or warranty made by Recipient herein proves to be, in any material respect, incorrect or misleading as of the date made. 6.6. Recipient files a petition of voluntary bankruptcy, makes a general assignment for the benefit of creditors, consents to the appointment of one or more receivers of all or any substantial part of Recipient's property, files a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof, or files a petition to take advantage of any debtor's act. 6.7. A court of competent jurisdiction adjudicates Recipient as bankrupt, enters an order approving a petition seeking reorganization of Recipient under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof, or appoints one or more trustees or receivers of Recipient or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit. 7. Repayment; Other Remedies. Upon the occurrence of any Event of Default, the City may take any one or more of the following actions: 7.1. The City may declare the principal and final sum of the Grant, as determined pursuant to Paragraph 2 of this Agreement, to be immediately due and payable Grant, plus interest at the rate of five percent (5%) per annum, starting on the date the Event of Default occurred and compounding monthly. Recipient hereby confesses judgment in said amount, and hereby authorizes and empowers the City to enter said judgment. Payments under this Paragraph shall be delivered to the office of the City, or at such other place as the City may designate. 7.2. The City may take whatever action at law or in equity may appear necessary or appropriate to collect the principal sum of the Grant,plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, or to enforce performance and observance of any obligation, agreement or covenant of Recipient under this Agreement. 3 7.3. City may employ attorneys or incur other expenses for the collection of the amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of Recipient. Recipient will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 7.4. No remedy herein conferred is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy set forth in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by applicable law. 8. Agreement to Run with the Land. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors,representatives, successors and assigns. 9. Severability. In the event any provision or clause of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 10. Waiver. In the event any covenant, term or condition contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 11. Notice. In addition to any notice required under applicable law to be given in another manner, any notice provided for in this Agreement shall be effective when mailed by certified mail, return receipt requested, to the address below or such other address the receiving party may designate in writing. To: The City of Eden Prairie ATTN: City Manager 8080 Mitchell Road Eden Prairie, Minnesota 55344 To: 8761 Preserve Boulevard, LLC ATTN: Richard H. Rowland 4931 West 35th Street, Unit 100 St. Louis Park, MN 55416 12. Governing Law. This Agreement is deemed made within the State of Minnesota and shall be governed by and interpreted in accordance with Minnesota law. All disputes 4 arising out of this Agreement shall be subject to the exclusive jurisdiction of the Minnesota State Courts, and exclusive venue for any such action shall be in Hennepin County, Minnesota. 13. Construction of Agreement. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of Recipient shall be joint and several. Headnotes are merely finding aids and do not limit the terms of the paragraphs they precede. 14. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them with respect to the subject matter hereof This Agreement may not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. CITY OF EDEN PRAIRIE By Its Mayor By Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of August, 2016, by Nancy Try-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 5 8761 PRESERVE BOULEVARD,LLC By its Chief Manager The foregoing instrument was acknowledged before me this day of August, 2016, by Richard Rowland, the Chief Manager of 8761 Preserve Boulevard, LLC, a Minnesota limited liability company, on behalf of said company. Notary Public This instrument was drafted by: Richard F. Rosow, Esq. Gregerson, Rosow,Johnson&Nilan, Ltd. 100 Washington Ave. South, Suite 1550 Minneapolis, MN 55401 (612) 338-0755 6 Exhibit A Description of the Real Property Street address: 8761 Preserve Boulevard, Eden Prairie, Minnesota 55344 Property Identification Number: 23-116-22-11-0255 Legal description: That part of Tract D, Registered Land Survey No. 1437, Hennepin County, Minnesota which lies South of the following described Line A: Beginning at a point on the West line of said Tract D which lies 220.05 feet Southerly of the most Northerly corner of said Tract D as measured along said West line; thence Easterly to a point on the East line of said Tract D which lies 348.19 feet Southerly of the most Northerly corner thereof as measured along said East line and there terminating; And which lies West of the following described Line B: Beginning at a point on the above described Line A, 62.52 feet West of its terminus; thence South to the most Southerly corner of said Tract D and there terminating. Exhibit B Scope of Work Accessibility Improvements 1. Addition of a lift chair to transport residents between floors 2. Construction of an ADA bathroom that will include a zero entrance shower, toilet and sink. 3. Make front entry accessible by raising interior entry way to remove step up and 4. Replacing cracked and unsafe concrete leading to front entry and around house to side entry. C-2 CITY COUNCIL AGENDA DATE: SECTION: Consent August 16, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Community Development Approve PROP Rehabilitation Deferred Janet Jeremiah, Director Grant Program Agreement Molly Koivumaki, Housing and Human Services Manager Requested Action Move to: Approve the Rehabilitation Deferred Grant Program Agreement between the City of Eden Prairie and PROP. Synopsis PROP has requested a grant in an amount up to $10,000 to install and upgrade exterior lights, install and upgrade duct work in pantry area, and replace surface area near garage door at 14700 Martin Drive. The CDBG funds to be used are generated from 2015 program income, and the expenditure will not take funds from any other program and will assist in the city's obligation to expend program income in a timely manner. Attachment Rehabilitation Deferred Grant Program Agreement CITY OF EDEN PRAIRIE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this day of August, 2016, by and between People Reaching Out to Other People, Inc., a Minnesota non-profit corporation having its principal place of business at 14700 Martin Drive, Eden Prairie, Minnesota 55346 (hereinafter referred to as "Recipient"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the"City"). WHEREAS, Recipient owns the property legally described on attached Exhibit A and hereinafter referred to as the "Real Property" and; WHEREAS, Recipient owns and operates the Real Property for the purpose of providing Eden Prairie residents in need with food and financial assistance and to provide support toward self sufficiency; and WHEREAS, the City intends through this Grant Agreement to provide Recipient with an amount not to exceed Ten Thousand and no/100 dollars ($10,000.00) as a grant (hereinafter referred to as "the Grant") for rehabilitation work on the Real Property as described herein; and WHEREAS, Recipient and the City desire to set forth the terms under which the Grant shall be provided by City to Recipient. NOW, THEREFORE, in consideration of said Grant, the receipt and sufficiency of which is hereby acknowledged by Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Use of Grant Proceeds. The Grant proceeds shall be used solely to perform the rehabilitation work set forth on Exhibit B, attached hereto and incorporated herein, (the "Work") on the Real Property. Said Work shall be to improve the conditions relating to health, safety, and energy efficiency of the Real Property, or provide essential accessibility improvements to the Real Property. All Work shall be subject to the City's approval. 2. Payment of Grant Proceeds. Recipient shall submit to City applications for payment and such other documentation deemed satisfactory to City in its sole discretion evidencing completion of the Work. Upon City determination that the Work for which the application has been submitted is complete, City shall disperse to the contractor(s) who completed the Work Grant Proceeds in an amount to pay for the Work, but in no event shall the total amount paid under this Agreement exceed Ten Thousand and no/100 dollars ($10,000.) No payment shall be made for Work completed after February 1, 2017. 3. Repayment of Grant Proceeds. Recipient agrees to the following repayment obligations: 3.1. If the Real Property, as identified on Exhibit A, is sold, transferred, or otherwise conveyed(whether by deed, contract for deed, or otherwise), and whether voluntary or involuntary, within five (5) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.2. If the Real Property, as identified on Exhibit A, ceases for any reason to be used by Recipient within five (5) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.3. If Recipient ceases operations for any reason within five (5) years after the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.4. Recipient shall give written notice to the City thirty (30) days prior to the occurrence of any of the events listed in Paragraphs 3.1 through 3.3, and repayment shall be made by Recipient immediately upon the occurrence of any of said events. 3.5. In the event repayment is required, Recipient agrees to pay interest on principal sum of the Grant at the rate of five percent(5%)per annum. 3.6. Payments shall be delivered to the office of the City, or at such other place as the City may designate. 4. Recipient's Covenants. Recipient covenants with the City that Recipient is eligible for the Grant under the following conditions: 4.1. The Real Property is owned by Recipient as of the date of the Grant, and Recipient has no present intention to rent the Real Property, or to sell, assign, or transfer Recipient's interest in the Real Property to another; and 4.2. The proceeds of the Grant will be used only for the Work described in Paragraph 1; and 4.3. Recipient has made no material misstatement of fact in connection with Recipient's application for the Grant. 2 5. Grant of Lien. As security for Recipient's covenant and obligation for repayment as herein provided, Recipient hereby grants, and the City shall and hereby does have, a lien on the Real Property(the "Lien"), together with all hereditament and appurtenances thereto, in the full amount necessary to satisfy Recipient's repayment obligation and the cost, including reasonable attorney fees of collecting the same. 6. Events of Default. Any one of the following shall constitute an event of default: 6.1. Recipient's failure to cure a breach of any covenant, term or condition contained in this Agreement for a period of thirty (30) days after written notice, specifying the breach and requesting that it be cured, given to Recipient by the City, unless the City shall agree in writing to an extension of such time prior to its expiration. 6.2. If any representation or warranty made by Recipient herein shall prove at any time to be, in any material respect, incorrect or misleading as of the date made. 6.3. The adjudication of Recipient as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Recipient under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the appointment by such a court of a trustee or receiver or receivers of Recipient or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit. 6.4. The filing by Recipient of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Recipient; or the filing by Recipient of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Recipient of a petition to take advantage of any debtor's act. 7. City's Remedies. Whenever Recipient is in default under this Agreement, the City may exercise any one or more of the remedies below. 7.1. The City may declare the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, to be immediately due and payable. Recipient hereby confesses judgment in said amount, and hereby authorizes and empowers the City to file the attached Ex. C with a court of competent jurisdiction in the event of a default as set forth herein. 7.2. The City may, in its sole discretion, foreclose on the Real Property by judicial proceedings or sell the Real Property at public auction and convey the same to the purchaser in fee simple in accordance with Minnesota statutes, and out of the moneys arising from such sale retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney fee permitted by law,which costs, charges and fees Recipient herein agrees to pay. 3 7.3. The City may take whatever action at law or in equity may appear necessary or appropriate to collect the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, or to enforce performance and observance of any obligation, agreement or covenant of Recipient under this Agreement. 7.4. No remedy herein conferred is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy set forth in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by applicable law. 8. Attorney's Fees. In the event Recipient should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of Recipient, Recipient will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 9. Agreement to Run with the Land. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of Recipient shall be joint and several. 10. Severability. In the event any provision or clause of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 11. Waiver. In the event any covenant, term or condition contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 12. Automatic Termination. If, after five (5) years from the date of this Agreement, Recipient is not in default under any terms of this Agreement, Recipient's repayment obligations set forth herein shall terminate. 13. Notice. In addition to any notice required under applicable law to be given in another manner, any notice provided for in this Agreement shall be effective when mailed by certified mail, return receipt requested, to the address below or such other address the receiving party may designate in writing. 4 To: The City of Eden Prairie ATTN: City Manager 8080 Mitchell Road Eden Prairie, Minnesota 55344 To: Janet Palmer Executive Director People Reaching Out to Other People, Inc. 14700 Martin Drive Eden Prairie, MN 55346 14. Data Practices Act. The Recipient shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. Section 13.01, et seq., to the extent that the Act is applicable to data and documents in the hands of the Recipient. 15. Audits. The books, records, documents, and accounting procedures and practices of the Recipient or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 16. Governing Law. This Agreement is deemed made within the State of Minnesota and shall be governed by and interpreted in accordance with Minnesota law. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the Minnesota State Courts, and exclusive venue for any such action shall be in Hennepin County, Minnesota. 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them with respect to the subject matter hereof. This Agreement may not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. [Signature and notary page follows] 5 CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens, Mayor By: Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of August, 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 People Reaching Out to Other People, Inc. By: Janet Palmer,Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016, by Janet Palmer, the Executive Director of People Reaching Out to Other People, Inc., a Minnesota non- profit corporation, on behalf of said corporation. Notary Public This instrument was drafted by: Gregerson,Rosow,Johnson&Nilan, Ltd. 650 Third Avenue South, Suite 1600 Minneapolis,MN 55402-4337 (612) 338-0755 7 Exhibit A Description of the Real Property Lot 2, Block 1, Edenvale Industrial Park 4th Addition, Hennepin County, Minnesota 8 Exhibit B Install and upgrade exterior lights, install and upgrade duct work in pantry area of Real Property, and replace surface area near garage door. 9 Exhibit C See attached Confession of Judgment 10 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT The City of Eden Prairie, a Minnesota Court File No: municipal corporation, Case Type: Other Contracts Plaintiff, CONFESSION OF JUDGMENT vs. People Reaching Out to Other People, a Minnesota non-profit corporation, Defendant. The undersigned, People Reaching Out to Other People, a Minnesota non-profit corporation (the "Defendant"), hereby confesses judgment in favor of the City of Eden Prairie, a Minnesota municipal corporation (the "City"), the Plaintiff in the above matter, for the sum of Ten Thousand and 00/100 Dollars ($10,000.00), less any amounts already paid by the Defendant to the City under the terms of the Rehabilitation Deferral Grant Program Agreement (the "Agreement"), plus interest at 5% per annum, and attorney's fees. The sum of$10,000.00, less any amounts already paid by Defendant to the City under the terms of the Agreement is justly due, and Defendant hereby authorizes the entry of judgment against it for said amount plus interest at 5%per annum from the date hereof until duly paid in full, and attorney's fees. Defendant hereby executes this Confession of Judgment pursuant to Minnesota Statutes § 548.22, and as for such purpose, states and agrees as follows: 1. This Confession of Judgment is for a debt due and owing to the City based on the facts set forth herein. 2. The City is a Minnesota municipal corporation. 3. People Reaching Out to Other People, is a Minnesota non-profit corporation with its principal place of business located in Hennepin County, Minnesota. 4. In August 2016, the City and Defendant executed the Agreement whereby the City provided Defendant $10,000.00 for rehabilitation work on certain real property owned by the Defendant and described therein. The purpose of the grant was to pay for work which would improve the conditions relating to the health, safety, and energy efficiency of the real property. 5. The Agreement provided that the Defendant would repay the $10,000.00 to the City if: (a) the subject real property was sold, transferred, or conveyed within 5 years of the date of the Agreement; (b) if the Defendant failed to use the subject real property, for any reason, within 5 years of the date of the Agreement; or (c) if the Defendant ceases operations, for any reason, within 5 years of the date of the Agreement. Upon the occurrence of any of these events Defendant promised to immediately repay $10,000.00, less amounts previously paid, 5% per annum, and attorney's fees, to the City. 6. The Agreement also provided that: (a) a failure to cure a breach of any term or condition in the Agreement, including those set forth above in paragraph 6; (b) an incorrect or misleading representation or warranty made by the Defendant, (c) the adjudication of Defendant as bankrupt by a court of competent jurisdiction, or (d) the filing of a bankruptcy petition or general assignment for the benefit of creditors, constitutes a default of the of the Agreement. In the event of a default, the Defendant promised to immediately repay $10,000.00, less amounts previously paid, 5%per annum, and attorney's fees, to the City. 7. Defendant states that it has reviewed this Confession with counsel, or has had the opportunity to review this Confession with counsel, and that it knowingly executes the same. Confession of Judgment Page 2 of 4 8. The sum of$10,000.00, less any amounts already paid by Defendant to the City under the terms of the Agreement is justly due, and Defendant hereby authorizes the entry of judgment against it for said amount, with interest at 5% per annum and attorney's fees, and Defendant hereby confesses judgment for such amount and authorizes entry of judgment against it without further delay, and in favor of the City in said amount. 9. The Court Administrator may enter judgment in favor of the City and against Defendant without further delay. We have executed this Confession of Judgment on the dates set forth opposite our names. People Reaching Out to Other People, a Minnesota non-profit corporation Dated: , 20_ By: Janet Palmer Its: Executive Director Confession of Judgment Page 3 of 4 VERIFICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) I, Janet Palmer, the Executive Director of People Reaching Out to Other People, being first duly sworn on oath, state that People Reaching Out to Other People is a defendant in the above-named matter, and that I have read the foregoing Confession of Judgment and know the contents thereof, that the same is true of my own knowledge, except for those things stated on information and belief and as to those things I believe them to be true. People Reaching Out to Other People By: Janet Palmer Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing Confession of Judgment was signed, verified and acknowledged before me, a Notary Public, on this day of , 2016 by Janet Palmer, the Executive Director of People Reaching Out to Other People. Notary Public Confession of Judgment Page 4 of 4 CITY COUNCIL AGENDA DATE: August 16, 2016 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIILI. Paul Sticha, Administration Food Service Contractor in The Garden Department, Facilities Division Room Restaurant Requested Action Move to: Approve amended contract with The Cave Café, LLC, for provision of food service in the Garden Room. Synopsis This is a revision to the contract that was approved in June. Attachment Amended Contract CAFETERIA SERVICE AGREEMENT THIS AGREEMENT is made as of this 18{h day of July, 2016, by and ''f i 1 rt,s between THE CAVE CAFE LLC, a Minnesota limited liability company ("Contractor"), and City of Eden Prairie, a Minnesota municipal corporation ("City"). EDEN PRAIRIE RECITALS: IIVEr WORK•DREAM 01; dO A. City is the owner of a building known as the City Center ("Building") FAX 95 2 94 9 8390 FAX flr294fl$3fl9 and land located at 8080 Mitchell Road, Eden Prairie, Minnesota. The Building in 952 949 0399 contains a cafeteria identified on Exhibit 1 attached hereto, consisting of kitchen BOBOMichell Rd area, food service area, garden conference room, garden room, storage area, Eden Prairie,MN hallways and restrooms (collectively the "Garden Room"). 55344 44i45 edenprairie,org B. The City owns all of the furniture, fixtures, equipment, cookware and tableware in the Garden Room ("City food service equipment"). Contractor is permitted to bring personal furniture, equipment and/or cookware into the Garden Room, but must provide the City with a list of personal items owned by the Contractor. Any furniture, equipment and/or cookware provided by the Contractor shall remain the sole property of the Contractor C. City desires to engage Contractor to operate the Garden Room in order to provide cafeteria services for breakfast and lunch on weekdays ("Cafeteria Services"), D. Contractor desires to operate the Garden Room in order to provide the Cafeteria Services in exchange for use of the kitchen area identified on Exhibit 1 to prepare food for Contractor's food truck and off-site catering. WITNESSETH: In consideration of the mutual promises of each to the other, City hereby authorizes Contractor, and Contractor hereby agrees to provide Cafeteria Services in the Garden Room upon the following terms and conditions: 1. Effective Date and Term of Agreement, This Agreement shall become effective as of July 18, 2016 ("Effective Date"), and shall continue through December 31, 2017, except that this Agreement may be terminated as provided herein. The Agreement then automatically renews for continuous one year terms, with no action from either party required. 2. Services to be Provided by and Obligations of Contractor Contractor shall provide the following services and perform, and conform to, the following obligations: 1of11 a. Operate the Garden Room to provide Cafeteria Services for breakfast and lunch as set forth in Contractor's Proposal attached as Exhibit 2, except that food service for breakfast and lunch shall be provided from 7:00 am_ through 1:00 p.m. on weekdays excluding holidays. Contractor may serve meals after 1:00 p.m, but shall cease all service and clean and vacate the Garden Room by 2:00 p.m. each weekday. Contractor's daily cleaning shall include but not be limited to putting away all food and beverage products, cleaning and putting away all dishes, cookware and kitchen equipment, wiping down the kitchen area and food service area, sweeping and moping the kitchen area and food service area and taking out the trash. Contractor may not use the Garden Room after 2:00 p.m. on weekdays nor may Contractor use the Garden Room on weekends, Contractor, may however, access the dry storage, refrigerator and dishwashing area identified in Exhibit 1, after 2:00 p.m. and on weekends in order to access supplies and equipment for Contractor's food truck business, all such use shall be subject to the Catering Provider's priority use. b. Intentionally Omitted (Rental Fee Schedule). c. Operate, keep and maintain the Garden Room, together with all equipment, furniture and fixtures therein in a first class, clean and sanitary manner, and in compliance with all Federal, State and City laws, rules and regulations relating to sanitation, health, preparation and serving of food and food products, and its employees including, but not limited to, the Occupational Safety and Health Act of 1970, as amended, wages, hours of employment and withholding of taxes. .d. Intentionally Omitted (Cleaning/Janitorial). e. Abide by all rules and regulations fixed and set by City relating to the receipt and delivery of goods, supplies and catered foods and beverages and the use of the Garden Room, the Building and surrounding land on which the Building is situated. f. At its sole cost and expense obtain all government licenses and permits required for the operations and cervices set forth herein. g. Repair or replace in a condition comparable to that existing as of the Effective Date of this Agreement, the Garden Room and the City food service equipment in the event of damage or destruction thereof caused by the willful act or negligence of Contractor, its employees, agents, customers or invitees within a reasonable time after such damage or destruction and in any case not more than 30 days after such occurrence, h. Refrain from leaving garbage or other material on the loading docks and in the compacting system and arrange for proper grease disposal. i. Obtain and pay for all food, beverages, candies, and consumable supplies and material of every kind and employ all labor and management personnel necessary for the Cafeteria Services. 2 of 11 j. Obtain and pay for all operating supplies and linens, laundry and uniforms, and miscellaneous costs required in the Cafeteria Services. k. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. I_ Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services, m. Contractor's personnel must be neat appearing and wear a uniform and badge that clearly identifies them as a service contractor and abide by the City's no smoking policies. n, Contractor must honor the City's request to reassign an employee for cause, Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the City, to present a first class operation. o. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards or other situation that result in rekeying a space or other cost to the City will be billed back to the Contractor, Upon termination of this Agreement, Contractor shall return all keys and access cards to the City. p. Intentionally Omitted (Marketing Program). 3. City's Obligations_ City will do or provide to Contractor the following: a. Provide the City food service equipment existing in the Garden Room as of the Effective Date. Except as to damage or destruction caused by the willful act or negligence of Contractor, its employees, agents, customers or invitees, repair or replace the City food service equipment, in a condition comparable to that existing on the Effective Date of this Agreement, but only if Contractor shall have first given notice to City of the need to repair or replace. In no event is Contractor authorized to make or cause any repair or replacement without the written consent of City. If Contractor does so without such written consent, City shall not be obligated to reimburse Contractor for the cost thereof. Contractor has inspected the Garden Room and is familiar with the condition of the City food service equipment. b. Provide utilities including heating, cooling, lighting, electricity, and gas energy, hot and cold water and pest extermination reasonably necessary for Cafeteria Services. The obligation to provide heating and cooling shall be limited to that necessary to support normal daily operations. Additional heating, cooling, lighting, etc. for events may be charged back to the Contractor. 3of1I c. Provide general cleaning services in the Garden Room and adjacent common areas, Monday through Friday. Maintain and clean walls, ceilings, windows, lights, exhaust fans and floors, except maintaining and cleaning to be performed by Contractor pursuant to Section 2 a above. d. Providing parking for Contractor's staff vehicles in the "City Employee Parking Lot". 4. Exclusive Rights for Cafeteria Services. a. Contractor shall, during the term of this Agreement, have the exclusive right to provide Cafeteria Services within the Garden Room during the hours specified in this Agreement; provided however, the City reserves the right to locate and operate vending machines within the Garden Room and throughout the Building. Access to loading dock will be provided as needed. b. City contracts with another entity to provide catering services for events in the Garden Room ("Catering Provider"). Contractor shall not provide any catering services for events in the Garden Room. Contractor shall coordinate all use of the Garden Room and City food service equipment with the Catering Provider. The Contractor shall have priority to use the Garden Room and City food service equipment weekdays from 7:00 a.m. to 2:00 p.m. The Catering Provider shall have priority to use the Garden Room and City food service equipment at all other times. c. Contractor shall not use, operate, relocate or otherwise interfere with equipment of the Catering Provider without permission from the Catering Provider. 5. Monthly Accounting and Payment. a. No commission or fee will be paid by Contractor to the City for the use of the Garden Room. In consideration for allowing Contractor to utilize the Garden Room Contractor shall operate the Cafeteria Services for breakfast and lunch pursuant to the terms of this Agreement. b. Contractor shall not receive any subsidy or payment from the City for provision of the Cafeteria Services. c. Contractor will retain all receipts earned from the Cafeteria Service operation. Estimated retail food prices charged to the diners are: Breakfast: $4-$6; Lunch: $6-$7; Specials: $8-$9. If Contractor raises prices, Contractor will provide advance notice to City. 6. Liquor Contractor shall not be permitted to provide or serve alcoholic beverages. 7. Insurance. 4 of 11 a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $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. 5 of 11 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 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 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 6of11 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. 8. Indemnification. Contractor will indemnify City and hold it harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its agents or employees. 9. Termination. a. Either party may terminate this Agreement without cause at any time by giving notice of its intention to do so, to the other, as provided herein, at least sixty (60) days prior to the intended date of termination. b. Alternatively, this Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. Immediately prior to termination of this Agreement, Contractor shall have restored, cleaned and maintained the Garden Room and the City food service equipment in a 7 of 11 manner and condition in which it existed on the date hereof, reasonable wear and tear excepted. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, including, but not limited to, those described in Section 7 of this Agreement (prior liability), the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. 10.Notice Required notices to the Contractor shall be in writing, and shall be either hand-delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: The Cave Café LLC 13553 Heather Hills Drive Burnsville, MN 55337 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 11. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 12.Assignment Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 8of11 13.Audit Disclosure and Data Practices Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 14.Non-Discrimination During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require ail 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 1999. 15.Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement The violation of this provision renders the agreement void. 16. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 9 of I 17.Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 18.Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19.Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 20.Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 21.Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 22.Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 10 of 11 23.Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 24.Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 25.Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 26. Operating Changes. Changes to the operating procedures of Contractor, including but not limited to hours of service, types of services, and retail food prices, may be permitted without City Council approval if in writing and signed by Contractor and the City Manager. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager THE CAVE CAFÉ LLC Tewodros Negash, Its Manager 11of11 EXHIBIT 1 CITY CENTER CAFETERIA PATIO PATIO \ N_L/l 1558 Sq.. Ft- \ ,.. lhA -- -- . . , STORAGE 352 Sq. Ft. - �� GARDEN ROOM V 5926 Sq. Ft. Li .w_. a a 4\ .' GARDEN J rip _ . . _, , CONFERENCE ROOM FOOD SERVICE AREA _ 0 _ 'Al. /e, . 1143 Sq. Ft. 3415 5q. Ff. 1j)," I /464./. . IIIIIII I►, r „op> Ni ly .,,c\ a' / �,,,, iiirr-T\ ELECTRICAL Mil /--' sr / Exhibit TCAYE CAFE AFRO-ITALIANI FUSON Background & Qualifications The Cave Café has been a successful business for over four years. As a young boy in Ethiopia (before Eritrea gained it's independence), Negash trained and honed his cooking skills under the tutelage of his mother, who employed ancient, traditional, and special recipes passed on through generations for far longer than anyone can recall. This is where his passion for cooking started. Negash migrated to the United States in 1992 and right away dove deep into the restaurant business to study the inner workings and nuances of successful American restaurants. He attended and graduated from Culinary Arts School, worked in five star restaurants, on a riverboat cruise and in hospitals. Proposed Hours of Operation Prep will begin at 6:00 a.m. Open M-F at 7:00 a.m. Serving lunch until 1:30 p.m. Clean up and prep until 3:30 p.m. Mane MENU ITEM ' PRICE DESCRIPTION BREAKFAST Breakfast Burrito 3.75 Scrambled eggs w/cheddar cheese,choice or protein, three veggies wrapped in a flour tortilla. Cave Café Special 3.15 Two eggs your way,hash browns,and choice of protein Harvest Fresh Frittata 5.00 Eggs with sautéed mushrooms,onion,tomato, green pepper and cheddar cheese served with hash browns. LUNCH All burgers and sandwiches Ala Carte Combo-served with French include; lettuce, tomato, fries or chips and a fountain pickle and onion drink Cheeseburger 4,00 6,00 Chef Teddy 651.600.6567 cavecafestpaul@gtnil,com thecaveca1e.biz THE GINE AFRO-INMANR FUSION _Turkey Burger 4.00 6.00 Veggie Burger 3.50 5,50 Grilled Chicken _ 4,00 6,00 Wraps-all wraps included grilled veggies and cheddar cheese Gyro Wrap with Lamb 6.00 8,00 Chicken Wrap 6.00 8.00 Veggie Wrap 5.00 7.00 Other Food Services None Staffing Chef/manager will be on site as well as a server/line cook and a cashier, Kitchen the We have plans to use the space on an as-needed basis to fulfill catering requests Thursday thru Sunday. Use of the facility for catering on weekdays will begin only after breakfast and lunch service for the city is complete. Parking & Storage Needs We have no need for vehicle storage. Contact informaion Owner, Tewodros Negash (Chef Teddy) Phone: 651.600.6567 Email: cavecafestpaul@gmail.com Chet Teddy 651.600,6567 cavecafestpaul@gmil.com thecavecafe,bir CITY COUNCIL AGENDA DATE: August 16, 2016 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Paul Sticha, Administration Amend Catering Contract between Department, Facilities Division Mintahoe and the City of Eden Prairie Requested Action Move to: Approve the amendment to the contract between Mintahoe and the City of Eden Prairie. Background Information The contract amendment will allow the Cave Café to use the Garden Room kitchen as a commissary and provide food service Monday—Friday from 7 a.m. to 2 p.m. Attachment Contract Amendment First Amendment to Catering and Liquor Services Agreement This First Amendment to Catering and Liquor Services Agreement ("First Amendment") is made on the 16ih day of August, 2016, between Mintahoe, Inc., a Minnesota corporation, d/b/a Mintahoe Catering & Events ("Contractor"), and City of Eden Prairie, a Minnesota municipal corporation ("City"). f}� - + `�r WHEREAS, Contractor and City entered into that certain Catering and Liquor EDEN Services Agreement dated November 17, 2015 relating to the use of the Garden Room PRAIRIE at the City Center for catering services ("Agreement"); LIVE•4ValK•DIHEAM WHEREAS, Contactor and City desire to amend the terms of the Agreement to allow a third party to provide cafeteria services out of the Garden Room. Off; 952 949 0300 fAX 952 949 0390 T LDf]952 949 0399 NOW THEREFORE, Contractor and City agree as follows: aoao Mitchel!lid Edon Prairie,MN 1. The final sentence of Paragraph 4 b is deleted and replaced with the following: "The 55344 naa5 Cafeteria Provider shall have priority to use the Garden Room and City food service adanprairio.org equipment weekdays from 7:00 a.m. to 2:00 p.m. Contractor shall have priority to use the Garden Room and City food service equipment at all other times." 2, The terms and conditions of the Agreement remain in full force and effect except as modified by this First Amendment. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager MINTAHOE CATERING & EVENTS James McMerty, Its President Susan M. Shands, Its Vice President of Sales CITY COUNCIL AGENDA DATE: August 16, 2016 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Paul Sticha, Administration, Remodel Office Areas for Parks Facilities Maintenance in the Maintenance Facility Requested Action Move to: Award the contract for remodeling of the office areas for Parks Maintenance in the Maintenance Facility to Gardner Builders. Synopsis Base Bid RJ Marco Construction $82,171 Gardner Builders $52,791 Diversified Construction $54,807 Plans and specifications were prepared by Welsh Architecture, and a building walk through was completed for the three contractors and facilitated by Bill Olmschenk and Paul Sticha. Attachment Contract Standard Construction Contract This Contract ("Contract") is made on the 16th day of August, 2016, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Gardner Builders, a Minnesota Corporation (hereinafter "Contractor") whose business address is 730 Second Avenue South, Suite 1233, Minneapolis, MN 55402. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for construction and remodeling in the Parks Maintenance Offices in the Maintenance Facility, hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with 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 January 31, 2017. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $52,791.00 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 Korey Grant to Manage the Work. He shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. Standard Construction Contract 2015.07 Page 2 of 11 All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. Standard Construction Contract 2015.07 Page 3 of 11 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. Standard Construction Contract 2015.07 Page 4 of 11 In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. Not 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 Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor's and motor carrier's compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. Standard Construction Contract 2015.07 Page 5 of 11 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Korey Grant Gardner Builders 730 Second Avenue South, Suite 1233 Minneapolis, MN 55402 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Paul Sticha City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 21. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence Standard Construction Contract 2015.07 Page 6 of 11 $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the 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. Standard Construction Contract 2015.07 Page 7 of 11 m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 22. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, Standard Construction Contract 2015.07 Page 8 of 11 contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 23. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 24. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 26. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Standard Construction Contract 2015.07 Page 9 of 11 Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 27. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 28. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 29. Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 32. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 33. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 34. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 35. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 36. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 37. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Standard Construction Contract 2015.07 Page 10 of 11 Work to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the Work to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager GARDNER BUILDERS By: Its: Standard Construction Contract 2015.07 Page 11 of 11 cl GARDNER EUILDER5 June 30, 2016 730 Second Avenue South Suite 1233 Minneapolis, MN 55402 Paul St is h a 612-326-6377 City of Eden Prairie 8080 Mitchell Road Eden Prairie, M N 55344 Re: Maintenance Remodel Eden Pria rie - MN Dear Mr. Sticha: Thank you forthe opportunity to provide pricing forthe Maintenance Remodel tenant improvement work. Our pricing for this project isasfollows: Total Proposal: $52,791 CLARIFICA11ONS No. 1: All work to be completed during normal businesshoursunlessotherwise noted. No. 2: All Low Voltage work by others unless noted otherwise (data/phone, A/V, etc.) No. 3: Includes no work for furniture, existing or new. No. 4: No work associated with the new energy code is included. No. 5: Any hazardousabatement orremediation isnot included. No. 6: No work to existing or new fire alarm included. Thank you forthe opportunity to provide this pricing. Feel free to contact our office if you have any questionsor comments. Respectfully, Gardner Builders /(1 Korey Grant Project#: Maintenance Remodel �4RD N E R City, State: Eden Priarie- MN B lJ IL DE R 5 USF: 0 Item Estimated Notes Div 1 General Requirements Supervision $5,880 General Conditions $1,787 Safety, dumpsters, misc consumables, etc. Engineering &Testing $0 Design Fees $0 Surveying $0 TOTAL $7,667 Div 2 Sitework Asbestos Abatement $0 Environmental Remediation $0 Building Demolition $2,975 Sawcutting $0 Site Preparation $0 Earthwork $0 Piles $0 Utility Services $0 Asphalt Paving $0 Curbs $0 Paving Striping $0 Fences & Gates $0 Landscape and Plantings $0 TOTAL $2,975 Div 3 Concrete Concrete Reinforcing $0 Reinforcing Steel Installation $0 Cast-In-Place Concrete $0 Architectural Precast $0 Floor Prep $0 Concrete Restoration/Cleaning $0 TOTAL $0 Div 4 Masonry Masonry $3,800 Stone $0 Masonry Restoration/Cleaning $0 TOTAL $3,800 Div 5 Metals Structural Metal Framing $0 Metal Joists $0 Metal Install $0 Cold-Formed Metal Framing $0 Metal Fabrication $0 Ornamental Metal $0 TOTAL $0 Div 6 Wood & Plastics Finish Carpentry $1,625 Millwork $0 Plastic Fabrications $0 Wood/Plastic Restore/Cleaning $0 TOTAL $1,625 Project#: Maintenance Remodel �4RD N E R City, State: Eden Priarie- MN B U I L D E !5 USF: 0 Item Estimated Notes Div 7 Thermal & Moisture Protection Damproofing and Waterproofing $0 Building Insulation $0 Fireproofing $0 Shingle Roofing $0 Preformed Metal Roofing $0 Membrane Roofing $0 Flashing and Sheet Metal $0 Roof Specialties and Accessories $0 Joint Sealers $0 TOTAL $0 Div 8 Doors &Windows Doors, Frames and Hardware $4,105 Overhead Doors $0 Coiling Grilles $0 Overhead Doors $0 Entrances and Storefronts $0 Window Units $0 Skylights $0 Hardware $0 Glazing $839 Window Film $0 Glazed Curtain Wall $0 TOTAL $4,944 Div 9 Finishes Drywall and Taping $7,680 Ceramic Tile $3,500 Stone Tops $0 Terrazzo $0 Acoustical Ceilings $1,250 Wood Flooring $0 Flooring (Carpet&VCT ) $2,150 Base Finishes $0 Urethane Floor Coating $0 Acoustical Treatment $0 Painting $3,442 TOTAL $18,022 Div 10 Specialties Specialties $0 Demountable Walls $0 Window Blinds $0 Appliances $0 Visual Display Boards $0 Louvers &Vents $0 Access Flooring $0 Fireplaces and Stoves $0 Signage $0 Lockers $0 Operable Partition $0 Project#: Maintenance Remodel G►4 R D N E R City, State: Eden Priarie- MN H U I L Q E !5 USF: 0 Item Estimated _Notes TOTAL $0 Div 11 Equipment Furniture Moving $0 Residential Equipment $0 TOTAL $0 Div 12 Furnishings Fabrics $0 Art $0 Manufactured Casework $0 Furnishings and Accessories $0 _ Furniture $0 Multiple Seating $0 Systems Furniture $0 Interior Plants and Planters $0 Furnishings Restoration/Repair $0 TOTAL $0 Div 14 Conveying Systems _ Elevators $0 _ Escalator $0 _ Lift $0 _ TOTAL $0 Div 15 Mechanical Systems _ Fire Sprinklers $1,050 Plumbing $0 _ HVAC $4,125 TOTAL $5,175 Div 16 Electrical Electrical $4,860 _ Fire Alarm $0 _ Phone & Data $0 _ Audio Visual $0 Security System $0 _ TOTAL $4,860 Final Clean $500 Insurance $659 Permit $50 Subtotal $50,277 Design Contingency $0 Contractor Estimate Contingency $0 Contractor Overhead & Profit $2,514 TOTAL $52,791 Responsible Contractor Verification I am an owner or officer of Gardner Builders [name of bidder] ("Bidder"). I hereby verify that Bidder is in compliance with the minimum criteria required of a '`responsible contractor' as that term is defined in Minnesota Statutes § 16C.285. subdivision 3. and as explained in the attached document entitled"Responsible Contractor Requirement," I further agree that Bidder has received a signed statement under oath from each subcontractor and motor carrier that Bidder intends to use to perform work on the project verifying that the subcontractor and motor carrier meets the minimum criteria under Minn. Stat. § 16C.285, and that Bidder will furnish such statements to the contracting authority upon request. Bidder intends to retain the following first-tier subcontractors and motor carriers for work on this project: Brin Northwestern Glass Zintl Minnesota Acoustics LaVan Flooriqg Painting BY Nakasone Shield Fire Protection Modern Heating Parsons If Bidder is awarded the contract for the project, I further agree that Bidder will submit the attached document entitled"Additional Subcontractor and Motor Carrier List" as required. Signed this 30th day of June. 2016 (./\-rjC-- By: liae-51.40 [printed name] S 717 [title] of f t[d cL [name of bidder] STATE OF MINNESOTA ) ) ss. COUNTY OF N prim epir} ) Signed and sworn to before me on TMJe 20 I (� . by 6S1-C-4-MAN . J CRI T ELLI -�? --"V.:‘ NOTARY PUBLIC \- MINNESOTA ,, i„a:+�F My Comm16sion EXpues Join,31,2019 1�l�taTy I'Llbl CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 16 , 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. George Esbensen, Chief Approve lease contract for AED's for the City Fire Department of Eden Prairie. Requested Action Move to approve the lease of 47 AEDs—(automated external defibrillators) for the City of Eden Prairie. Synopsis This lease will give the City of Eden Prairie the latest generation AED's. This will replace 10- year-old, out-of-warranty AED's. ZOLL Medical Corporation will be the supplier and Med One Capital will be the finance company. The lease purchase will be off of the Minnesota State contract bid price. Total lease purchase will be for 47 new AED's: $54,615.00, over five years (NASPO contract # 23126). Finance staff has reviewed competitive rates on leasing options and this has been deemed the best strategy. Background New AED's will be placed on 25 Fire Department vehicles and in multiple City buildings. AED's are a vital lifesaving piece of equipment. City buildings: Outdoor Center- 1 Water Plant-4 Maintenance Facility- 1 Senior Center- 1 Art Center- 1 Liquor Stores -4 Community Center- 5 Maintenance Storage Facility- 1 Fire Stations - 4 Attachment Lease Agreement Addendum to AED Lease This addendum is a part of and is incorporated into that certain Equipment Lease Agreement between the City of Eden Prairie ("Customer") and Med One Capital Funding, LLC ("Lessor") dated The Customer and Lessor agree as follows: 1. Equipment and Termination. The Vendor identified in the Lease shall provide the Equipment and ensure that the Equipment is new and in current manufacture, of good quality, free from faults and defects, in conformance with this Lease and in conformance with attached Exhibit A. Vendor shall provide a five-year warranty for the Equipment in conformance with attached Exhibit A. If Lessor fails to fulfill its servicing obligations under the Lease within thirty (30) days following its receipt of written notice from Customer and opportunity to cure such failure, then Customer shall have the right to terminate this Lease following its return of all Equipment to Lessor. 2. Customer Covenants. Paragraph 10, second sentence, identifies the placement of the Equipment in "Customer's hospital location", for purposes of this Lease, "Customer's hospital location" shall mean all Customer buildings. 3. Representations and Warranties. Paragraph 18, final sentence, states that the Equipment will "be used exclusively by Customer", for purposes of this Lease, "Customer" shall mean all Customer employees, agents, officials and representatives as well as all members of the public. 4. Method of Payment. a. Lessor shall invoice Customer annually in the amounts set forth on first page of this Lease. The Customer shall pay all such invoices within 35 days of receipt. b. Claims. To receive any payment on this Lease, 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." 5. Notice. Required notices shall be in writing, and shall be either hand-delivered or mailed by certified mail to the addresses on the first page of this Lease. 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. 6. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Lessor under this Lease which the Customer requests to be kept confidential, shall not be made available to any individual or organization without the Customer's prior written approval. The books, records, documents and accounting procedures and practices of the Lessor or other parties relevant to this Lease are subject to examination by the Customer and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Lease. This Lease 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 Lessor in performing any of the functions of the Customer during performance of this Lease is subject to the requirements of the Data Practice Act and Lessor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Lessor in relation to this Lease shall contain similar Data Practices Act compliance language. 7. Non-Discrimination. During the performance of this Lease, the Lessor 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 Lessor 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. 8. Conflicts. No salaried officer or employee of the Customer and no member of the Council, or Commission, or Board of the Customer shall have a financial interest, direct or indirect, in this Lease. The violation of this provision renders the Lease void. 9. Damages. In the event of a breach of this Lease, neither party shall be entitled to recover punitive, special or consequential damages or damages for loss of business. 10. Governing Law. This Lease shall be controlled by the laws of the State of Minnesota. 11. Severability. The provisions of this Lease 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. 12. Waiver. No action nor failure to act by the Customer or the Lessor shall constitute a waiver of any right or duty afforded any of them under the Lease, 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. 13. Compliance with Laws and Regulations. In providing services hereunder, the Lessor 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 Lease and entitle the Customer to immediately terminate this Lease. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager LESSOR By: Its: Page 2 of 2 Med One Capital Funding, LLC P ;,+ rI WWW. iEDONECAPITALCOM CA AL EQUIPMENT LEASE AGREEMENT 10712 South 1300 East,Sandy,Utah 84094 phone (800)248.5882 fax(800)468.5528 CUSTOMER City of Eden Prairie DATE 8/4/2016 ADDRESS 14800 Scenic Heights Road AGREEMENT MO-0031173A Eden Prairie,MN 55344 VENDOR Zoll Medical Corporation CONTACT Ward Parker ( 1 CONTACT Dave Jaros PHONE 952-949-6200 PHONE 952-500-1250 FAX EMAIL djaros@zoll.com EMAIL wparker@edenprairie.org QUOTE ID EQUIPMENT QTY EQUIPMENT 20 AED+automated external defibrillator-Cover, PlusRX Medical Prescription,CPR-D-padz®Electrode,pack of 10 CR123a batteries,and Carry Case. 27 128 MB Compact Flash Data Card-9143-0001 -Cover,PlusRX Medical Prescription,CPR-stat•padz®Electrode, pack of 10 CR123a batteries,and Carry Case. 1 Accessories-The AED Plus Trainer2 can be used by trainers to train users of the AED Plus. 1 Accessories USB IrDA Adapter part#8000-0815 Retail Pricing @$105.00 PRICING Years 1 -5 $10,923.00 First Payment Due ( Due Upon Receipt of Equipment At the end of the lease term or any subsequent extension of the lease term, Customer may choose from any of the following: 1) Extend the lease term and continue leasing as provided in this agreement 2) Purchase the Equipment for its fair market value 3) Return the Equipment to Med One Capital Funding,LLC as provided in this agreement with no additional cost or obligation to the Customer TERMS & CONDITIONS 1.)LEASE.Med One Capital Funding,LLC hereby leases the equipment described on the first page of this Lease(the"Equipment")to Customer and Customer hereby leases the Equipment from Med One Capital Funding,LLC pursuant to the terms and conditions set forth herein. 2.)LEASE TERM.The term of this Lease shall commence on conditions set forth above(Due Date of First Lease Payment),and shall terminate on the last calendar day of the sixtieth(60th)month thereafter,unless earlier terminated or extended as otherwise provided herein(the"Term"). 3.)CONDITION PRECEDENT.This Agreement is presented conditioned upon Med One Capital Funding,LLC's review and approval of Customer's credit and financial information and receipt of Customer's purchase order issued for the Term and rental price reflected in the pricing section on the first page of this Agreement.Customer's purchase order shall be issued to Med One Capital Funding,LLC at the address listed on page one. MO-0031173A Prepared By:Scott Wertz 1 of 5 I Med One Capital Funding, LLC 1M / , WWW.MEDONECAPITAL.COM C I CAPITAL EQUIPMENT LEASE AGREEMENT 10712 South 1300 East, Sandy, Utah 84094 phone (800)248.5882 fax(800)468.5528 4.)DELIVERY;ACCEPTANCE.Customer agrees to inspect the Equipment when delivered and,if it is satisfactory,to execute a Notice of Delivery and Acceptance supplied by Med One Capital Funding,LLC as evidence thereof.Med One Capital Funding,LLC is not responsible for delivery of the Equipment, which shall be shipped directly to Customer from the Vendor.Any delay in delivery of the Equipment shall not affect the validity of this Lease,provided that Med One Capital Funding,LLC shall have the option to terminate this Lease if the Equipment is not delivered within 180 days of the date Customer executed this Lease.CUSTOMER'S EXECUTION OF THE NOTICE OF DELIVERY AND ACCEPTANCE WILL CONCLUSIVELY ESTABLISH THAT THE EQUIPMENT WAS RECEIVED,WAS INSPECTED,AND IS ACCEPTABLE FOR ALL PURPOSES UNDER THIS LEASE. 5.) LEASE PAYMENTS. During the Term,Customer shall pay to Med One Capital Funding,LLC the Annual Lease Payment,as set forth on the first page hereof (the"Payment"),plus any other charges due and payable hereunder,including,but not limited to,sales and use taxes which may be applicable.The Payment shall be deemed late and subject to a 5%late fee if any given payment is not received by Med One Capital Funding,LLC within five days after the due date. Prompt payment of Lease is not contingent on any factor other than Customers possession or control of the Equipment. 6.)NET LEASE;OTHER CHARGES.This Lease is a net lease.Customer shall pay when due all taxes(including sales and use taxes,personal property taxes, fines and penalties,but excluding income taxes),insurance charges,service and maintenance costs,and all inspection or certification costs related to or arising from the Equipment or this Lease.If Customer fails to pay such amounts,Med One Capital Funding,LLC may pay such amounts for Customer,in which case Customer shall immediately reimburse Med One Capital Funding,LLC together with interest on such amounts at the rate of 1.5%per month.Customer shall also pay Med One Capital Funding,LLC any UCC filing fees paid or incurred by Med One Capital Funding,LLC. 7.)NON-CANCELABLE LEASE.This Agreement is a fully net,non-cancelable lease that may not be terminated for any reason except as otherwise stated herein.Customer has no right of prepayment unless agreed to in writing by Med One Capital Funding,LLC.This Agreement is a"Finance Lease"as defined by the Utah Uniform Commercial Code(UCC)Article 2A.Customer hereby waives any and all rights and remedies conferred upon a lessee by Sections 70A-2A- 508 through 70A-2A-522 of the UCC or any similar laws or rights,including but not limited to Customers rights to:(i)cancel this Agreement;(ii)repudiate this Agreement;(iii)revoke acceptance of the Equipment;(iv)claim,grant or permit a security interest in the Equipment for any reason except as provided for herein; (v)deduct all or any part of any claimed damages resulting from Med One Capital Funding,LLC's default,if any,under this Agreement;(vi)cover by making any purchase or lease of or contract to purchase or lease property in substitution for the Equipment;and(vii)recover any general,special,incidental or consequential damages,for any reason whatsoever.To the extent permitted by applicable law,Customer also hereby waives any rights conferred by statute or otherwise which may require Med One Capital Funding,LLC to sell,lease or otherwise use any property in mitigation of Med One Capital Funding,LLC's damages or which may otherwise limit or modify any of Med One Capital Funding,LLC's rights or remedies.Customer will reimburse Med One Capital Funding, LLC for all costs to enforce this Agreement including reimbursement for Med One Capital Funding,LLC's reasonable attomey's fees. 8.)BANKRUPTCY.It is the intent of the parties that Med One Capital Funding,LLC shall be entitled to the benefits of Section 365 of the Bankruptcy Code or any analogous section of the Federal bankruptcy laws,as amended from time to time with respect to the right to repossess the Equipment as provided herein or therein,and in any circumstances where more than one construction of the terms and conditions of this Lease is possible,a construction that would preserve such benefits shall control over any construction that would not preserve such benefits or would render them doubtful.To the extent consistent with the provisions of Section 365 of the Bankruptcy Code or any analogous section of the Federal bankruptcy laws,as amended from time to time,it is hereby expressly agreed and provided that notwithstanding any other provisions of the Federal bankruptcy law,as amended from time to time,any right of Med One Capital Funding,LLC and its assignees to take possession of the Equipment in compliance with the provisions of this Lease shall not be affected by the provisions of Sections 362 or 363 of the Bankruptcy code,or ay analogous provisions of any superseding statute or any power of the bankruptcy court to enjoin such taking of possession.Furthermore,Customer expressly acknowledges and agrees that if it files or seek relief pursuant to any of the Federal bankruptcy laws,that Med One Capital Funding,LLC shall be entitled to an order granting Med One Capital Funding,LLC relief from the automatic stay imposed by any such bankruptcy proceedings.Customer hereby expressly acknowledges and agrees that such a remedy for Med One Capital Funding,LLC is appropriate and that Customer will not oppose any such motion that Med One Capital Funding,LLC may file seeking an order for relief from the automatic stay.The parties hereby agree that the provisions of this§7 shall be interpreted in a manner that is most favorable to Med One Capital Funding,LLC's position. 9.)TITLE.Med One Capital Funding,LLC is the owner of the Equipment and shall have sole title to the Equipment and Customer shall have no right,title or interest therein except as to the use thereof subject to the terms and conditions of this Lease.For purposes of the foregoing and subject to Section 11 below, Customer transfers to Med One Capital Funding,LLC all of Customers right,title and interest(including all ownership interest)in and to the Equipment free and clear of all liens,security interests and encumbrances.Med One Capital Funding,LLC may affix(or require Customer to affix)tags,decals,or plates to the Equipment indicating Med One Capital Funding,LLC's ownership,and Customer shall not permit their removal or concealment.Customer shall not permit the name of any person or entity other than Med One Capital Funding,LLC or its assigns to be placed on the Equipment as a designation that might be interpreted as a claim of ownership or security interest.Customer shall not pledge or encumber the Equipment,permit any lien or other encumbrance against the Equipment or make any representation to any third party which is inconsistent with Med One Capital Funding,LLC's ownership rights. 10.)CUSTOMER COVENANTS.Customer shall use the Equipment for business purposes only and not for personal,family or household purposes.Customer shall keep and use the Equipment only at Customers hospital location as shown on this Lease and shall not move the Equipment unless Med One Capital Funding,LLC consents in writing.Customer shall,at its own cost and expense,cause the Equipment to be inspected,tested,repaired,maintained and/or certified,as and to the extent required by applicable federal,state or local laws,rules or regulations governing the use,possession or operation of medical diagnostic equipment such as the Equipment. 11.)END OF TERM. Provided no Customer material default shall have occurred and be continuing under this Agreement,Customer must notify Med One Capital Funding,LLC in writing of its intent to purchase the Equipment at least one hundred eighty(180)days prior to the end of the lease or any subsequent renewal term,as the case may be.If this written notice is not received,or if the purchase price is not agreed to by both parties,the Term or a renewal term,as the case may be,will automatically extend for an additional twelve(12)months at the same pricing and terms.Customers right to purchase the Equipment at the end of the Term will be forfeited if payments are not paid timely.Sale of the Equipment to the Customer at the end of the Term shall be on an"as is","where is"basis,and without representation,warranty or recourse on the part of Med One Capital Funding,LLC or its successors or assigns.If the Customer does not elect to purchase the Equipment and gives proper notice of its intent to terminate the Agreement,then the Customer is responsible to return all of the Equipment to Med One Capital Funding,LLC(at Med One Capital Funding,LLC's designated location)in the same condition as when it was received-normal wear and tear excepted.Customer is solely responsible for all cost of packing and shipping the Equipment to Med One Capital Funding,LLC.If the Equipment is not received within 30 days after the Customer has properly terminated the Agreement and given notice to Med One Capital Funding,LLC that it is not purchasing the Equipment,then Customer shall be responsible to pay extended rental payments in the amount of 200%of the total payment listed above for each month until the Equipment is received by Med One Capital Funding,LLC. MO-0031173A Prepared By:Scott Wertz 2 of 5 Med One Capital Funding, LLC ir‘p I WWW.MEUONECAPITAL.COM CAPITAL L EQUIPMENT LEASE AGREEMENT 10712 South 1300 East,Sandy, Utah 84094 phone (800)248.5882 fax(800)468.5528 12.)RISK OF LOSS.Customer shall be and is responsible for all risk of loss or destruction of or damage to the Equipment.No such loss or damage relieves Customer from its payment obligations under this Lease.Customer shall be responsible for(and shall be deemed to have possession and control of)all of the Equipment from the time it is shipped from the Vendor's location,including without limitation any loss,damage,destruction or theft which may occur in loading or in transit.Customer Acknowledges that the Equipment is being shipped FOB Vendor's location.Customer's obligations under this agreement and in particular this paragraph 2 shall operative and in full force and effect.Customer shall promptly notify Med One Capital Funding,LLC in writing of any loss or damage and, at Customer's election,Customer shall either(i)pay to Med One Capital Funding,LLC the present value of the total of all Payments and other payments for the full Lease Term,discounted at six percent(6%)per year,or(ii)replace the lost or damaged Equipment and complete the remaining terms of this Lease. Customer may use any insurance proceeds to satisfy either option set forth in the proceeding sentence. 13.)INSURANCE.Customer shall keep the Equipment fully insured against loss in an amount not less than the replacement cost(as determined by Med One Capital Funding,LLC in its reasonable discretion)until this Lease is terminated and,as set forth in§11,above,Med One Capital Funding,LLC has delivered possession of the Equipment to Customer.No such policy(ies)shall be cancelable or subject to reduction of coverage or other modification except after thirty (30)days prior written notice to Med One Capital Funding,LLC by the insurer.All such policies shall be written as primary policies,not contributing with and not in excess of coverage which Med One Capital Funding,LLC may carry.Med One Capital Funding,LLC shall be added as an additional named insured on such policies and Customer shall furnish written proof of same on or before the commencement date of this Lease.Med One Capital Funding,LLC may also request proof of insurance and review a copy of the policy upon reasonable request.Customer shall pay any deductibles applicable under any such policies. 14.)ASSIGNMENT.Customer shall not sell,transfer,assign or sublease the Equipment or its rights under this Lease without the written consent of Med One Capital Funding,LLC,which consent will not be unreasonably withheld or delayed.Med One Capital Funding,LLC may sell,assign,or transfer this Lease and,if Med One Capital Funding,LLC does so,the new owner will have the same rights and benefits as Med One Capital Funding,LLC and Med One Capital Funding, LLC will have no further duties or obligations to Customer under this Lease other than to provide written notice of such transfer.Customer agrees that the rights of the new owner will not be subject to any claims,defenses or set offs that Customer may have or claim against Med One Capital Funding,LLC or any third party. 15.)EVENTS OF DEFAULT.Any of the following events or conditions shall constitute an event of default and a breach hereunder:(a)Customer shall default in the payment or performance when due of any material indebtedness for borrowed money of Customer arising independently of this Lease;(b)Customer fails to pay any rentals,or other monies or charges within five days after the due date,or fails to observe any other term,covenant,or condition of this Lease which is not cured within 30 days following written notice by Med One Capital Funding,LLC;(c)Customer ceases doing business as a going concern;(d)dissolution, termination of existence,or assignment for the benefit of creditors by or against Customer or Customer becomes insolvent or unable to pay debts at they mature;(e)a case is commenced by or against Customer under the Federal Bankruptcy Code or any similar law or statute which is not dismissed within 60 days;(f)Customer applies for or consents to the appointment of a receiver,trustee,conservator,or liquidator of Customer or such receiver,trustee,conservator, or liquidator is appointed without the consent of Customer;(g)any statement,representation or warranty of Customer herein or in any other writing at any time furnished by Customer to Med One Capital Funding,LLC is untrue in any material respect when made;(h)an attachment,garnishment,execution,judgment or other process is issued or a lien is filed against any material property of Customer;(i)Customer makes a transfer of all or substantially all of its furniture,fixtures, furnishings,or other Equipment or inventory or if a transfer is made of any interest in any part of the Equipment without the written authorization of Med One Capital Funding,LLC;or(j)any guarantor dies or any event described above occurs with respect to any guarantors. 16.)REMEDIES.Upon the happening of any one of more events or conditions of default or breach,Med One Capital Funding,LLC shall have the right,in Med One Capital Funding,LLC's sole discretion,to exercise any one or more of the following remedies:(a)to declare all unpaid rentals immediately due and payable and to recover the balance of rent and charges reserved under this Lease reduced to present value as of the date of determination at a rate equal to six percent (6%)per annum;(b)to sue for all rentals due under this Lease as they shall accrue;(c)with or without notice,demand,or legal process,to re-take possession of the Equipment under this Lease and(1)re-lease the Equipment and recover from the Customer the amount by which the balance of rent and charges under this Lease for the remainder of the term exceeds the net proceeds received by Med One Capital Funding,LLC for such releasing for the same period;or(2)sell the Equipment and recover from the Customer the amount by which the balance of the rental and charges under this Lease for the term of the lease period exceeds the net proceeds received by Med One Capital Funding,LLC from such sale of Equipment.As used in this Lease,the net proceeds shall be deemed to be the proceeds of re-lease or sale minus all costs and expenses for recovery,repair,storage,renting or sale,including all court costs and reasonable attorney's fees. In the event Med One Capital Funding,LLC elects to retake possession of the Equipment and,in fact,recovers and repossesses the Equipment,Med One Capital Funding,LLC shall use its best efforts to sell or re-lease the same in a commercially reasonable manner.Any said taking of possession of the Equipment by Med One Capital Funding,LLC shall not constitute a termination of this Lease.Customer agrees that any requirements of reasonable notice in connection with any sale,re-lease or other disposition of the Equipment shall be met if notice is given or received by Customer not less than 10 calendar days prior to the sale,re-lease or other disposition of the Equipment;(d)without prior notice or demand,to set off against this Lease,all money or other amounts owed by Med One Capital Funding,LLC in any capacity to Customer,and Med One Capital Funding,LLC shall be deemed to have exercised such rights of set off and to have made a charge against any such money or amounts immediately upon any occurrence of such default even though such charge is entered into the books of Med One Capital Funding,LLC subsequent thereto;or(e)pursue any other remedy permitted at law or in equity.No failure on the part of Med One Capital Funding,LLC to exercise and no delay in exercising any right or remedy hereunder will operate as a waiver thereof.The remedies of Med One Capital Funding, LLC hereunder are cumulative and not mutually exclusive. 17.)UCC FILINGS.In the event that a court of competent jurisdiction determines that this Agreement is a lease intended as security or that Med One Capital Funding,LLC(or its assignee)is not the owner of the Equipment,then this Agreement shall be deemed to be a security agreement covering the Equipment and Customer hereby grants Med One Capital Funding,LLC a security interest in the Equipment,and all additions,attachments,accessions,and accessories thereto,all substitutions,replacements or exchanges therefor,and all insurance and/or other proceeds thereof,whether now owned or hereafter acquired and authorizes Med One Capital Funding,LLC to file a UCC-1 financing statement to give public notice of Med One Capital Funding,LLC's interest in the Equipment. In all instances,Customer appoints Med One Capital Funding,LLC as Customer's attorney-in-fact and agent,with full power of substitution,to execute and deliver any such UCC-1 financing statement or other instrument(s)in order to record its interest in the Equipment.Customer confirms that such power of attorney is irrevocable and coupled with Med One Capital Funding,LLC's interest in the Equipment,provided that such power of attorney shall be coterminous with Med One Capital Funding,LLC's interest in the Equipment. MO-0031173A Prepared By:Scott Wertz 3 of 5 (,, Med One Capital Funding, LLC �,� ,� 1 ��14�W. EDONECAPITAL.COM c,,I L EQUIPMENT LEASE AGREEMENT 10712 South 1300 East,Sandy, Utah 84094 phone (800)248.5882 fax(800)468.5528 18.)REPRESENTATIONS AND WARRANTIES.Med One Capital Funding,LLC and Customer each represent and warrant,each to the other,as follows:(a) the execution,delivery and performance of this Lease and its consummation of the transactions contemplated hereby have been duly authorized and approved as required by the applicable laws and articles,bylaws,and other charter instruments governing its affairs and operations;and(b)this Agreement and the other agreements and instruments contemplated hereby which are to be signed by the party have been duly executed and delivered by the party and,assuming due authorization,execution and delivery by the other party,this Agreement and the other agreements contemplated hereby which are to be executed by them, respectively,constitute the legally valid and binding obligations of the party.In addition,Customer represents and warrants that the Equipment is reasonable and necessary for the legitimate business purposes of Customer and will be used exclusively by Customer. 19.)LIMITED WARRANTY.Customer leases the Equipment from Med One Capital Funding,LLC"AS IS,WHERE IS AND WITH ALL FAULTS."Except as set forth in§18 above,MED ONE CAPITAL FUNDING,LLC MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES WHATSOEVER,EXPRESS OR IMPLIED,INCLUDING WITHOUT LIMITATION,AND SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE DESIGN,COMPLIANCE WITH SPECIFICATIONS,QUALITY,OPERATION,OR CONDITION OF ANY EQUIPMENT,THE MERCHANTABILITY OR FITNESS OF EQUIPMENT FOR A PARTICULAR PURPOSE,OR ISSUES REGARDING PATENT INFRINGEMENT,TITLE OR THE LIKE.Customer represents and warrants that it has selected all Equipment without Med One Capital Funding,LLC's assistance.Customer hereby agrees to indemnify Med One Capital Funding,LLC and its assigns and hold them harmless from any claims,liabilities,or damages which may arise through the ownership,selection,possession, leasing,condition,maintenance,operation,use and return of the Equipment. 20.)LIMITATION OF REMEDIES;INDEMNITY.To the extent permitted by applicable law,Customer agrees that Med One Capital Funding,LLC shall not have any liability to Customer,Customer's customers,or any third parties for any incidental,indirect,special or consequential damages arising out of this Lease or concerning any Equipment,or for any damages based on strict or absolute tort liability,negligence or other theory of liability(except to the extent of contract liability to Customer arising from a Med One Capital Funding,LLC default under this Lease).Customer shall indemnify,defend and hold Med One Capital Funding,LLC harmless from and against any claim for losses or injury caused by Customer's possession,use or operation of the Equipment. 21.)ENTIRE AGREEMENT.This Agreement is the final and complete expression of the terms and conditions between Customer and Med One Capital Funding, LLC regarding the Lease.The contract shall be legally binding upon and effective against the parties.No other terms or conditions,regardless of whether written or verbal and regardless of whether set forth in any proposals,negotiations,credit applications,purchase orders,invoices or similar documents or statements between Customer and Med One Capital Funding,LLC are part of this contract. 22.)MISCELLANEOUS PROVISIONS.Time is of the essence in the performance of this Lease.This Lease may be modified only by a written instrument dated subsequent to the date hereof and signed by Customer. INSURANCE ON LEASED EQUIPMENT Customer is responsible to provide both casualty and liability insurance on the Equipment that is the subject of this Agreement.Please provide insurance information as requested below or provide a letter to Med One Capital Funding,LLC that Customer intends to"Self Insure"the Equipment: We intend to Self Insure YES NO Self Insurance Contact Info: We will provide insurance coverage: Contact for Insurance Information: Matt Ziebol , City of Eden Prairie, 952-949-8359 Name of Insurance Company: League of MN Cities Insurance Tru Intact Name: Mark Kiesow, J.A. Price Agency Contact Email: mark.kiesow@japrice.com Contact Phone: 952-944-8790 Insurance Company Address: 6640 Shady Oak Road, Suite 500, Eden Prairie, MN 55344 Please notify your insurance company that Med One Capital Funding,LLC will contact them to request an insurance certificate. MO-0031173A Prepared By:Scott Wertz 4 of 5 ,, Med One Capital Funding, LLC I r, , WWWS1W.MEDONECAP1TAL.COM CAPI IU I L. EQUIPMENT LEASE AGREEMENT 10712 South 1300 East,Sandy, Utah 84094 phone (800)248.5882 fax(800)468.5528 CUSTOMER ACKNOWLEDGEMENT-City of Eden Prairie We hereby acknowledge,accept and agree to the terms of this Agreement and have issued our Purchase Order Number. FD001 41-0855460 _........._ _ _..... _.._ ___..... -- ---- PURCHASE ORDER NUMBER(required) TAX PAYER ID NUMBER(required) If Customer is tax exempt,an exemption certificate must be furnished to Med One Capital Funding,LLC,otherwise use tax will be assessed and added to the lease payment which is reflected above. SALES TAX EXEMPT YES SALES TAX EXEMPTION NUMBER 8021767 The undersigned hereby acknowledges that they have full power and authority to execute this Agreement in behalf of the Customer listed above. Performance of this Agreement by Customer has been authorized and requires no additional approval or consent by any other person or entity. This Agreement may be signed by facsimile and in one or more counterparts,each of which shall be deemed an original,and all of which,when taken together, shall constitute one and the same instrument. Customer hereby waives any right it may have under Section 2A-517 of the Uniform Commercial Code or otherwise to revoke its acceptance for any reason whatsoever including but not limited to:i)any assumption by Customer that a nonconformity would be cured;ii)to discover a nonconformity before acceptance; or iii)any Lessor default under the Lease.Customer further hereby waives its rights under Section 2A-401 and 2A-402 of the Uniform Commercial Code to suspend performance of any of its obligations under the Lease with respect to the Equipment hereby accepted. City of Eden Prairie PRINT NAME SIGNATURE TITLE DATE Med One Capital Funding, LLC PRINT NAME SIGNATURE TITLE DATE MO-0031173A Prepared By:Scott Wertz 5 of 5 Exhibit : A f t AED Plus° -- , Technical Specifications � - li _.--::::--f-,---::'-':',1-±--_,-31-:-:47--,i-;,-;„7\ Measuring C est Compression with Real CPR Hel p The force required to depress the chest during CPR varies with the patient's size and build. The standard measure of chest compression quali►y, however, is not force but depth.The Real CPR Help®technology in ZOLL's CPR-D-padz®includes a hand-placement locator, an accelerometer, electronics, and a processing algorithm that work together to measure vertical displacement in space as each compression occurs. i One Size Fits All F. ZOLL's one-piece electrode design accounts for anatomical variation. Based on extensive human data, 0 CPR-D-padz meet the anthropometric chest characteristics of 99%of the population. If needed, the lower (apex) electrode can be separated and adjusted to accommodate the remaining 1%of the population. li Simplified Placement r d Affixing two separate electrode pads to the patient's bare chest can be confusing to a lay rescuer. ZOLL's CPR-D-padz simplify this step by guiding placement of the red crosshairs at the center of the imaginary line connecting the patient's nipples. Once in place, the hand-locator and the two electrode pads fall naturally into optimal position for both defibrillation and CPR. Five-Year Shelf Life All AED electrodes transmit defibrillating electriciy into the patient via metal in close contact with Li a salt-infused gel that is positioned between the metal and the skin. Over time, however, the salt f 3 in the gel will corrode the metal and eventually compromise electrode functionaliy. ZOLL's novel electrode design includes a sacrificial element that prevents significant corrosion for five years, which is unmatched in the market today. II z y a e, Y'. II 11 J 1 compression AED Plus Specificationsil Depthatieastr 5 '� l/" Defibrillator Defibrillator:Protected ECG Environmental III ' circuitry Waveform:Rectilinear Biphasic to Operating Temperature:32° ' • Defibrillator Charge Hold Time: Display Format Optional LCD 122°F;_0°to 50°C , with moving bar ° . i • HealCPHHelp'providesuniqueasslstance 30 seconds Storage Temperature 22 to 1 to rescuers with real.dme feedback on CPR Energy Selection:Automatic Size:2.6°x 1,3°;6.6 cm x 3,3 cm 140°F =30°to 60° - C compression depth and rate. 1 preprogrammed selection Optional ECG Viewing Window: Humidity:10 to 95°1e relative 1 (120J,150J,200J) 2.6 seconds humidity,non-condensing 1 Optional ECG Display Sweep Vibration:MIL Std.810F,Min. tl Patient Safety:All patient Speed:25 min/sec;1°/sec Helicopter Test * ______ connections are electrically k ' isolated BryCpact TYpatte - ical new Shock IEC 68-2-27;1000 j (20°C) 5 years(225 shocks).or.13. Charge Time:Less than 10 Altitude: 300 to 15,000 ft.; 91 m • it 1 hours continuous monitoring End 1` seconds with new batteries -bitto 4573 m -. w° ' of life designated ed XltYptcal.'" Electrodes:ZOLL CPR D padz, remaining shocks=9). Particle and Water Ingress IP 55 ZOLL's one-piece CPR 0 padz is designed to pedi-padz®II or stet-padz®II 1 -fit 9s%of the population's chest anatomy. Data Recording and Storage: Li Self-test Configurable automatic 50 minutes of ECG and CPR data. CPR-D-padz - self-test from 1 to 7 days. If audio recording option is 'Cr' ' Default=eve 7 days Monthly Shelf Life:5 years � ry Y Y installed and enabled,20 minutes full-energy test(200J). of audio recording,ECG,and CPR Conductive Gel::Polymer Hydrogel ` Li Z` r>}.. ' Automatic Self-Test Checks: data.If audio recording is disabled, Conductive Element Tin Battery capacity,electrode 7 hours of ECG and CPR data. connection,electrocardiogram Packaging:Multilayer foil s 9 PC Minimum Requirements and charge/discharge circuits, laminate pouch CPR-D-padz offers clear anatomical For Configuration and Patient R 'piacementillustrations and a CPR hand microprocessor hardware and Data Recovery:Windows®98, Impedance Class:Low positioningiondmark software,CPR circuitry and CPR-D Windows®2000,Windows®NT, Cable Length:48 in(1.2 m) 4 sensor,and audio circuitry Windows®XP,Windows®7,IBM Sternum:Length:6.1 in(15.5 cm); ' 1 °. CPR:Metronome Rate:Variable compatible PII with 16550 UART Width:5.0 in(12.7 cm);Length, �'' • 60 to 100 CPM (or higher)computer.64MB RAM. conductive gel:3.5 in(8.9 cm); --,_*"", -*''-'1*. " VGA monitor or better:CD-ROM It Depth:3/4°to 3.5';1.9 to 8.9 cm Width,conductive gel:3.5 in(8.9 w drive.IrDA port.2MB disk space, cm);Area,conductive gel.12.3 sqDefibrillation Advisory:Evaluates in(79.0 sq cm) electrode connection and patient CPR-o-padz comes campletewith rescue ECG to determine if defibrillation Device Apex:Length:6.1 in(15.5 cm); essentials,ineludfnga harrier mask arazar scissers,dis osablegloves,andatowelette is required e uired Width:5.6 in(14.1 cm);Length, p q Size;(HxWxDJ5.25'x9.50°x to Shockable Rhythms: 11.50';13.3 cm x 24.1 cm x 29.2 cm conductive gel:3.5 in(8.9 cm); Ventricular fibrillation with Width,conductive gel:3.5 in(8.9 Weight6.7 lbs;3.1 kg ii average amplitude>100 cm);Area,conductive gel:12.3 sq microvolts and wide complex Power:User-Replaceable Batteries. in(79.0 sq cm) 10 Type 123A Photo Flash lithium Complete Folded ventricular tachycardia with P Assembly :Folded dioxide batteries u rates greater than 150 BPM for Length:7.6 in(19.4 cm);Folded d adults 200 BPM for pediatrics. Device Classification:Class II and width:7.0 in(17.8 cm);Folded 11 For ECG Analysis Algorithm internally powered per EN60601-1 height:1.5 in(3.8 cm) sensitivity and specificity,refer to Design Standards:Meets Design Standards:Meets 1. AED Plus Administrators Guide, applicable requirements of UL applicable requirements of ANSI/ a ADVANCING Patient Impedance Measurement 2601,AAMI DF-39,IEC 601-2-4, AAMI/ISO DF-39-1993 RESUSCITATION. Range:0 to 300 ohms EN60601-1,IEC60601-1-2 J 10 DAY." ZOLL Medical Corporation Worldwide Headquarters 269 Mill Road, 4 Chelmsford,MA 01824 4 978.421-9655 800-348-8011 Specifiwlions subject to change without notice. 2 Forsubsidiaddressesandfaxnum,_ ©2011ZOLL Medical Corporation.All rights reserved.AdvancingResusrilationTcday,AEOPtus,CPR-Opadzpedipadzit, ary Real CPR Help,slat path.and ZOLL are Uademarks or registered trademarks of ZOLL Medical Coin ration in the United II. as well as other global locations,please Steles end/or otherceuntnes.All other trademarks are the properly of their respective owners. d go to www30ll,com/Contact$: Printed in U.SA. 121210 9656-0158 g 5 o ' ZO . ty Extended FLEE AED Plus® Device Registration Register your AED Plus with ZOLL Medical ' �: Corporation, and receive the following benefits: • The AED Plus standard 5-year warranty will be extended any additional two years (once your device is registered) • ZOLL Medical Corporation will be able to contact you in the event of a software update or in the unlikely event of a device recall. Why register your AED Plus? • The Food and Drug Administration requires manufacturers and end-users to maintain up-to-date records of current device locations. • In the event of ownership transfer or changes, this will enable ZOLL to maintain end-user records for your device and be able to notify you promptly. • Two additional years of warranty.* What does ZOLL do with the information that I provide? All submitted information will be kept in a highly secure environment and will only be used to contact you in case of any device notices, such as upgrades or device corrective actions. This information will not be used for any marketing or sales activities whatsoever. All device owner information will be maintained by ZOLL Medical Corporation. r a - - Please register your AED Plus with BOLL ZOLL Medical Corporation. Dccice RegEst,anon form ----- <°"," ".kk. .r:-..= All submitted information will be kept in a highly secure environment and will only be used to contact you in case of any device notices, such as - upgrades or recalls. i m,awe .�-- ' 'Free extended warranty available only for units purchased after April 1,2010 50w031&01 Rey A Product Warranty Zoll Medical Corporation (ZOLL)warrants to the Customer that from the date of installation, or thirty (30) days after the date of shipment from ZOLL's facility, whichever first occurs, the equipment (other than accessories and electrodes) will be free from defects in material and workmanship under normal use and service for a period of five (5)years* for hospital based equipment and one (1)year for pre-hospital based equipment. Accessories and electrodes shall be warranted for ninety (90) days from date of shipment. During such period ZOLL will at no charge to the Customer, either repair or replace (at ZOLL's sole option) any part of the equipment found to be defective in material or workmanship. If ZOLL's inspection detects no defects in material or workmanship, ZOLL's regular service charges shall apply. ZOLL shall not be responsible for any equipment defect, the failure of the equipment to perform any specified function, or any other nonconformance of the equipment caused by or attributable to: (i) any modification of the equipment by the Customer, unless such modification is made with the prior written approval of ZOLL; (ii)the use of the equipment with any associated or complementary equipment, accessory or software not supplied by ZOLL; (iii) any misuse or abuse of the equipment; (iv) exposure of the equipment to conditions beyond the environmental,power or operating constraints specified by ZOLL; or (v) installation or wiring of the equipment other than in accordance with ZOLL's instructions. This warranty does not cover items subject to normal wear and burnout during use, including but not limited to lamps, fuses,batteries, patient cables and accessories. The foregoing warranty does not apply to software included as part of the equipment(including software embodied in read-only memory,known as "firmware"). The foregoing warranty constitutes the exclusive remedy of the Customer and the exclusive liability of ZOLL for any breach of any warranty related to the equipment supplied hereunder. THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND ZOLL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL,IMPLIED, OR STATUTORY,INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTIULAR PURPOSE. *5 YEAR WARRANTY APPLIES TO ZOLL AED PLUS TM FOR PUBLIC ACCESS DEFIBRILLATION MARKET • Click here to enter text. Date: W.O.#FD001 City of Eden Prairie TO Med One Capital Funding,LLC JOB Equipment Lease Agreement 14800 Scenic Heights Road 10712 South 1300 East Dated: Eden Prairie, MN 55344 Sandy,UT 84094 952-949-6200 800-248-5882 Contact:Ward Parker Click here to enter text. wparker@edenprairie.org QUANTITY D• ESCRIPTION UNIT PRICE LINE TOTAL AED+automatedexternaldefibrillator-Cover,PlusRXMedical 20 Prescription,CPR-D-padz0Electrode,packof10CR123abatt ' eries,andCarryCase. 128MBCompactFlashDataCard-9143-0001-Cover,PlusR 27 ' X• MedicalPrescription,CPR-stat•padz®Electrode,packofl 0 C R 12 3 a batteries,and Carry Case. 1 A• ccessories-The AED Plus Trainer2 can be used by trainers to train users of the AED Plus 1 • Accessories-USB IrDA Adapter part#8000-0815 Retail Pricing @• $105.00 1 I 5 year warranty • • • SUBTOTAL 3 $54,615.00 SALES TAX ' $0.00 TOTAL i $54,615.00 ' Payable in five annual installments of$10,923.00; First payment due upon receipt of Equipment CITY COUNCIL AGENDA DATE: August 16, 2106 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.M. Paul Schlueter Authorize Early Replacement of Police Department Command Staff Vehicle Fleet Services Requested Action Move to: Authorize the early replacement of Police Department Command Staff Vehicle#293 at a replacement budget cost of$32,000 and declare Vehicle#136 as surplus equipment for auction. Synopsis Recent changes and promotions in the Police Department Command Staff has identified the need to replace former Police Chief Rob Reynold's 2011 Toyota Prius (Vehicle#293)with a pursuit rated vehicle so that all Command Staff employees will have full enforcement capabilities. Replacement of Vehicle#293 was originally scheduled to occur in calendar year 2018. Staff is requesting authorization to replace this vehicle approximately one year early so that all Command Staff vehicles will have proper enforcement capabilities. The 2011 Toyota Prius (Vehicle#293) will be reassigned to the City Reservation Pool. The Reservation Pool is for City employees that need to reserve a vehicle for their use in conducting City business. This move will actually enhance our sustainability efforts as it will give more City employees the opportunity to drive and experience a hybrid vehicle that gets 45 miles per gallon. This move will also make this vehicle more visible to the general public as it will be marked with City signage that will better identify this specific sustainability effort to the community. Vehicle#136 is a 2009 Ford Escape that is currently a City Replacement Pool vehicle. Staff is proposing to replace Vehicle#136 with Vehicle#293. Vehicle #136 will be sold at the State of MN Surplus Vehicle Auction. Funds for the replacement of this vehicle are included in the Fleet Capital Internal Service Fund budget and adequate dollars are currently available to fund this purchase. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. This replacement vehicle will be purchased using the State of Minnesota CPV program. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar August 16, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Director of Public Works, Adopt Resolution Authorizing Acquisition of Robert Ellis Property for the Eden Prairie Road South Realignment Project Requested Action Move to: Adopt resolution authorizing acquisition of property for the Eden Prairie Road South Realignment Project. Synopsis The Development Agreement by and between Pulte Homes of Minnesota, LLC ("Pulte") and the City of Eden Prairie (the "City") dated August 20, 2013, reserves Outlot B, Reeder Ridge for acquisition by the City for the Eden Prairie Road Realignment South project(the "Project"). The Project is scheduled to coincide with Hennepin County's CSAH 61 (Flying Cloud Drive)project which is currently scheduled for construction in 2017/2018. The City requires Outlot B, Reeder Ridge for construction of the project. The resolution authorizes the acquisition of the Outlot B, Reeder Ridge from Pulte for$63,800, the tax assessed value and further authorizes the Mayor and City Manager to execute a Purchase Agreement and such other documents as are necessary to consummate the acquisition. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016 - RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY FOR CONSTRUCTION THE EDEN PRAIRIE ROAD SOUTH REALIGNMENT PROJECT WHEREAS, the City of Eden Prairie (the "City") previously entered into that certain Development Agreement with Pulte Homes of Minnesota, LLC ("Pulte") dated August 20, 2013 for the Reeder Ridge development; and WHEREAS, the Development Agreement between the City and Pulte reserves Outlot B, Reeder Ridge for acquisition by the City for the Eden Prairie Road South Realignment project (the "Project"); and WHEREAS, the acquisition of Outlot B, Reeder Ridge is necessary for construction of the Project. NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council approves and authorizes the acquisition of Outlot B, Reeder Ridge from Pulte for $63,800, the tax assessed value, and further authorizes the Mayor and City Manager to execute a Purchase Agreement and such other documents as are necessary to consummate the acquisition. ADOPTED by the Eden Prairie City Council on August 16, 2016. ATTEST: Nancy Tyra-Lukens, Mayor SEAL Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: August 16, 2016 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.O. Dzevad Mahmutovic, New Emergency Power Generator Administration, Facilities install for Fire Stations 2 and 3 Requested Action Move to: Award the contract for the new Emergency Power Generator install at Fire Stations 2 and 3 to Power Systems Services, Inc. Synopsis An emergency backup power Generator is needed for Fire Stations 2 and 3. The generator is in the 2016 budget and the low bidder is within the budget. Base Bid Pioneer Critical Power $93,000 Allied Generators $83,780 Midwest Electric and Generators Declined to quote Power Systems Services, Inc. $79,900 Attachments Construction Contract RNAStandard Construction Contract This Contract ("Contract") is made on the 16th day of August, 2016, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Power Systems Services, Inc. PRAT RI E a Minnesota Corporation (hereinafter "Contractor") whose business address is 13535 58th Ave, North Plymouth, MN 55446. LIVE-WI}RK-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 20, 2016. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $79,900.00 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. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. Standard Construction Contract 2015.07 Page 2 of 11 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional Standard Construction Contract 2015.07 Page 3 of 11 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 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 Standard Construction Contract 2015.07 Page 4 of 11 connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. Not 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. Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor's and motor carrier's compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 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 Standard Construction Contract 2015.07 Page 5 of 11 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: Lucas Braun 13635 58th Ave. North Plymouth, MN 5544 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: 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.) Standard Construction Contract 2015.07 Page 6 of 11 Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. 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 Standard Construction Contract 2015.07 Page 7 of 11 evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 22. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, 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 Standard Construction Contract 2015.07 Page 8 of 11 also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 24. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 26. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices 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. Standard Construction Contract 2015.07 Page 9 of 11 27. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 28. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 29. Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 32. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 33. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 34. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 35. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 36. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 37. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of 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. Standard Construction Contract 2015.07 Page 10 of 11 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, its Mayor Rick Getschow, Its City Manager POWER SYSTEMS SERVICES, INC By: Its: Standard Construction Contract 2015.07 Page 11 of 11 Power Systems Services,Inc. GENE RAC We Have Your Back UP Power AUTHORIZED DEALER Quotation DATE 8/5/2016 13635 58th Ave.North Quotation# 072216-01-LB Plymouth,MN 55446 Customer ID COEP Phone:1-888-968-8872 Email:info@pssigen.com www.pssigen.com Quotation For: Quotation valid until: 10/4/2016 City Of Eden Prairie Prepared by: LPB Dzevad Mahmutovic Fire Station#2 Comments or Special Instructions: Freight/Startup/Instalation inlcuded SALESPERSON P.O.NUMBER SHIP DATE SHIP VIA F.O.B.POINT TERMS LB Net 30 QUANTITY DESCRIPTION UNIT PRICE TAXABLE AMOUNT 1 40KW MTU Diesel Generator 120/208,30 $ 39,950.00 $ 39,950.00 1 Asco 200A ATS Nema1 (Indoor) 1 Battery,Charger,Tank Heater 1 Installation of all Equipment/Generator/Transfer Switch 1 142 Gallon Fuel Tank Fill 1 Installation of all Equipment/Cement Slab/Fence 1 Permits,Crane for Gen Placement 1 Startup,Testing,2 HR LB and Freight Included 1 2 year Generator/ATS Warranty 1 Tax if appliable not included - SUBTOTAL TAX RATE SALES TAX - OTHER - TOTAL $39,950.00 If you have any questions concerning this quotation,contact Lucas Braun at 952-465-9959 THANK YOU FOR YOUR BUSINESS! Power Systems Services,Inc. GENE RAC We Have Your Back UP Power AUTHORIZED DEALER Quotation DATE 8/5/2016 13635 58th Ave.North Quotation# 072216-01-LB Plymouth,MN 55446 Customer ID COEP Phone:1-888-968-8872 Email:info@pssigen.com www.pssigen.com Quotation For: Quotation valid until: 10/4/2016 City Of Eden Prairie Prepared by: LPB Dzevad Mahmutovic Fire Station#3 Comments or Special Instructions: Freight/Startup/Instalation inlcuded SALESPERSON P.O.NUMBER SHIP DATE SHIP VIA F.O.B.POINT TERMS LB Net 30 QUANTITY DESCRIPTION UNIT PRICE TAXABLE AMOUNT 1 40KW MTU Diesel Generator 120/208,30 $ 39,950.00 $ 39,950.00 1 Asco 200A ATS Nema1 (Indoor) 1 Battery,Charger,Tank Heater 1 Installation of all Equipment/Generator/Transfer Switch 1 142 Gallon Fuel Tank Fill 1 Installation of all Equipment/Cement Slab/Fence 1 Permits,Crane for Gen Placement 1 Startup,Testing,2 HR LB and Freight Included 1 2 year Generator/ATS Warranty 1 Tax if appliable not included - SUBTOTAL TAX RATE SALES TAX - OTHER - TOTAL $39,950.00 If you have any questions concerning this quotation,contact Lucas Braun at 952-465-9959 THANK YOU FOR YOUR BUSINESS! Responsible Cooritractor C'k"k lk':iIi it PO 0.4 -- /S 1 g9,Vire ! - I am an owner or officer of- [name of bidder] ("Bidder"). I hereby verify that Bidder is in compliance with the minimum criteria required of a "responsible contractor" as that term is defamed in Minnesota Statutes § 16C.285, subdivision 3, and as explained in the attached document entitled "Responsible Contractor Requirement." I further agree that Bidder has received a signed statement under oath from each subcontractor and motor carrier that Bidder intends to use to perform work on the project verifying that the subcontractor and motor carrier meets the minimum criteria under Minn. Stat, § 16C.285, and that Bidder will furnish such statements to the contracting authority upon request. Bidder intends to retain the following first-tier subcontractors and motor carriers for work on this project: If Bidder is awarded the contract for the project, I further agree that Bidder will submit the attached document entitled "Additional Subcontractor and Motor Carrier List" as required. Signed this day of A I ` 20 x { By: �i ` 01 tx trued name] f f ltitle] of [name of bidder] STATE OF MINNESOTA ) } ss. COUNTY OF r ) Signed 20 7. by Si and sworn to before me on stuorrE TarARY PUBt1C-PANNESOTA - 4 -.. j ,.31.2417 Notary Public RESPONSIBLE CONTRACTOR RF lJ1RI MENT To be eligible to be awarded this contract, each bidder must submit a signed statement, under oath, verifying that it is a"responsible c ;~:'-'-;2=:=r-- that term is defined in Minnesota Statutes § I6C 21 5, subdivision *. To be a "re . y_i._z v. r-racior" a contractor mast be in compliance with the following minimum criteria: (i)the oo -tor (i) is u tar ec With vecickerS. wrnpensation and unemployment insurance - --: _ ;x = Depanineni of Revenue and the Department of • . 71.:.277 -. __._ --: Development registration requirements if it has er_2 _.: Oki _ - fedenral sax eentification number or a valid Social Security • ., • i ridL and _ _ ; ofre> ic.--.- • to transact business in Minnesota with the ' - _:' if ifcreip oxp,-.-2=ion or cooperative; (2)the co:__.-- :- :2.31eld ice•is it cc=•r ._gee with and, during the three-year period before - _.- _--:__ -- .a5 ODE .-.•-_-tid Minnesota Statutes sections 177.24, 177_5, 17-.- --. • -. �31.i4, c r `.-.722, and has not violated the United States Code, 7 . = . :o 239~O t_-i:ed States Code, title 40, sections 3141 to 314S. Far oasrposrs w:i__ _-: c, a occurs when a contractor or related entity: (i) repeatedly; taL: -- required wages or penalties on one or more separate pee n_-- = ,r a tazi uncierpayment of S25,000 or more within the three- v peri .' -- _eL =_ failure to pay is "repeated" only if it involves two or more &t .=:==_ - _ _. -:--_- *ctL*-rerk s of underpayment during the three:-year period: [r11 hs -:- -- 7 7:Zr ccnHv by the commissioner of labor and industry that has =.: •-- - (iii) has b =- : __=ar =':•2•- -rnination letters within the three-year period • by the ofT--1- - .- -: f'.9.-,Lfing an underpayment by the contractor or relat ens-. IDEo-:•=- _ n. .; . (iv)has been Fouad by:,'^_c oor,--::sic of labor and industry to have repeatedly or willfully violaiai ;- _` cucxis referenced in this clause pursuant to section 17727; (v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld br an administrative law judge or the Administrative Review Beard: o€ (vi) has been fo -.:.39.r.iTe for undue _.-lent of wages or penalties or misrepresenting its a- :-.6ependent contractor in an action brought in a court i :-..- _-:sr.=: -.. Provided that, if the contractor or re:=: r.=:-, --_--w a determination of underpayment by the Department of Transportation i=: ' - -._<• proceeding, a violation does not occur until the contested case ha, -.ti:uded with a determination that the contractor or related entity underpa:c •.L 4zes or per.;tlties: (3)the contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated Minnesota Statutes section 181.723 or chapter 32613. For purposrs of this clause, a violation occurs when a contractor or related entity has been issued a anal administrative or licensing order; (4) the contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of' comfrliance under Minnesota Statutes section 363A.6 revoked or suspended based on the provisions of section 33 ,36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office; (5) the contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure.to meet targeted group business, disadvantaged business enterprise, or veteran-owned business goals, due to a lack of good faith effort more than once during the three-year period before submitting the verification; (6) the contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions that have authority to debar a contractor; and (7) all subcontractors and motor carriers that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses(l)to (6). Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria_ Any prime contractor, subcontractor, or motor carrier that sloes not meet the minimum criteria in Minn. Mat, IC. $ , subd. 3, which section is set frith above, fails to verify compliance with any one of the required minimum criteria, or makes a false statement under oath verifying compliance is not a "responsible contractor" and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a contract awarded to a prime contractor, subcontractor, or motor carrier that submits a false statement A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. Prior to execution of a construction contract, and as a condition precedent to the execution of a construction contract, the apparent successful prime contractor shall submit to the contracting authority a supplemental verification under oath confirming compliance with subdivision 3, clause (7)_ Each contractor or subcontractor shall obtain from all subcontractors with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each subcontractor. if a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verification of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental -c;:- .2.tion confirming compliance with subdivision 3, clause (7), within 14 days of retaining the addi_:.•nal subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to Minn. Stat. § 16C.28 , subd, 3(7). A Responsible Contractor Verification form is provided with the bid documents. Each bidder must submit the form with its proposal. T)f)i'i'IONAl, SUBCONTRACTORS AND MOTOR CARRIERS LIST PROJECT TITLE: f F ., '{' it e �?%' r 3 Pursuant to Minn_ Stat. § 16C.285, szabd. 5, the prime contractor must submit this form within 14 days of retaining additional subcontractors and motor carriers on the project. 'i'his form must be submitted to the Project Manager or individual as identified in the solicitation document. ,Additional Subcontractors Hy signing this document, I certify that I am an owner or officer of the company, and l swear under oath that ail additional subcontractors and motor carriers listed on this Additional Subcontractor List have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to he a responsible contractor as defined in Minn. Stat. 16C.285. Signed this ..... r day of "(. - ., OI ( •* Ti- By: Z> - 0011 ' / rrioted name) "el. � `/ 7�5 �1, i r - 't�l — -- [titt j af�__ [name of company] STATE OF MINNESOTA ) COUNTY OF ,., ''e, ) ss. - Signed and sworn to before me on _ ( ,. - 20 f,e , by ,.:: 4�`;a REGAORYM. S „DaTEhk; a �� ° NOTtF PUBLIC 111N]ESCFA �,..t Add C.onrrr�sion Expires Jan,31,241 r � R _r yPublic tamp) CITY COUNCIL AGENDA DATE: SECTION: Public Hearing August 16, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 16-03 ITEM NO.: IX.A. Denise Christensen Vacation of Public Drainage &Utility Easements on Lots 6 and 7, Block 1, Public Works/Engineering Bellerieve Requested Action Move to: • Close the public hearing; and • Adopt the resolution vacating the public drainage and utility easements lying over, under and across that part of Lots 6 and 7, Block 1, Bellerieve. Synopsis The Property Owners have requested an Administrative Combination of Lots 6 and 7, Block 1, Bellerieve. The Property Owners propose to construct a permanent landscape structure over the existing lot line and drainage and utility easements. In order to approve the construction of permanent landscape structure the adjoining drainage and utility easements need to be vacated. Background Information The drainage and utility easements proposed to be vacated were originally dedicated with the plat of Bellerieve. In order to accommodate placement of a permanent landscaping structure over the lot lines and easements, the property owners would need these underlying easements vacated. The release of the certified resolution vacating the drainage and utility easements shall be conditioned on the notification from Hennepin County to the City that the Property Owner's request for an Administrative Combination of Lot 6 and Lot 7, Block 1, Bellerieve has been completed. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS ON LOTS 6 AND 7, BLOCK 1, BELLERIEVE, HENNEPIN COUNTY, MINNESOTA VACATION 16-03 WHEREAS, the City of Eden Prairie has certain Drainage and Utility Easements described as follows: That part of the Drainage and Utility Easement as dedicated in the plat of BELLERIEVE, according to the recorded plat thereof, Hennepin County, Minnesota, which lies 5 feet northerly of and 5 feet southerly of and adjoining the north line of Lot 6, Block 1, said BELLERIEVE, except the westerly 10.00 feet of Lots 6 and 7, said Block 1 and except the easterly 10.00 feet of said Lots 6 and 7. WHEREAS, a Public Hearing was held on August 16, 2016, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described Drainage and Utility Easements has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Drainage and Utility Easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Drainage and Utility Easements described above are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. 3. This Resolution is contingent upon and shall not be effective until the notification from Hennepin County to the City that the Property Owner's request for an Administrative Combination of Lot 6 and Lot 7, Block 1, Bellerieve has been completed. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the notification from Hennepin County to the City that the Property Owner's request for an Administrative Combination of Lot 6 and Lot 7, Block 1, Bellerieve has been completed. ADOPTED by the Eden Prairie City Council on August 16, 2016. ATTEST: Nancy Tyra-Lukens, Mayor Kathleen Porta, City Clerk - - -- - — - _ ._ - - -- - - - -- ..- - -- 7 cn 1$1 ��F'1tIDGE;L.N �.- 1 L � c�� C 0 o O Z S w • 03`� co M �N( O ¢OG MOR TUB,� gN_Q Rao� CD -pEVONSHiRE Gr r‹ -sc'c\ ti, _ O o - . �0 CO � w .0G ' PRD 0 C E � C 411 BROOKVIEL II) P �Rai- SITE ,.--,,,1„),, ,,„ __-- ______ _______._ ..„.. ____ •__________ ___ ____ ---__,. . _____________ ,,,---- ______ ___-- ._____ ____-- _______ _ .__ _., ___,- ______________ .____ .� - - ..., ,..., „, VAC 16-03 Site Location Map City of Eden Prairie �.,�,..�.��.,.�., �...,�.,� E DE N • A` � aq""e PRAIRIE OAT Crested By:M.Summon w.�:rx..r e-IIPi`reii'�:it ii nw cw'�wiaa rwr . Document Palh:M:1GISluserslaeparlmenlelEnginaeringlhattkNavAROW VacatlonsWAC 46-03 Cavallo Ridge.mxd / �577¢906E- DRAINAGE AND UTILITY ti� j -p3 8<30 EASEMENT VACATION �4 . p�6" p,ry�� ' EXHIBIT �I 6$// 22�Ory A°\. v ' / NIO°O94"E �_- FOR: JEFF COWAN orz L / 34.41 '"" 41 �� �✓ —7 N30°I4'00"E II mg o ry PROPERTY DESCRIPTION / \ <0 / 46.97 N O p o 0.„.., / $'�<-.° _ae+oiu• o Lots 6 and 7, Block I, BELLERIEVE, according A � � N73°2T44"W_ <-) to the recorded plat thereof, Hennepin County, r sa7°74°s"_4 56.58 Minnesota. as ?\a - e•� N S�44s'E. \ C DRAINAGE AND Cr � s'� UTILITY EASEMENT if y ,� I / TO BE VACATED �� DRAINAGE AND�C PROPOSED EASEMENT VACATION UTILITY EASEMENT \\ I DESCRIPTION / I � PER RECORD PLAT \ \ That part of the Drainage and Utility Easement I as dedicated in the plat of BELLERIEVE, according to the recorded plat thereof, Hennepin County, Minnesota, which lies 5 feet northerly of IC--- - 1 1 and 5 feet southerly of and adjoining the north I I c' N LIJ line of Lot 6, Block I, said BELLERIEVE, except Kt ��\ ' c N the westerly 10.00 feet of Lots 6 and 7, said \i�\\' ,r Block I and except the easterly 10.00 feet of \ �\ 1 _ said Lots 6 and 7. i_j,l A n \ cS n o, cci co �(�`\ 3 co\ J _ LEGEND Denotes easement area to be vacated 3 1,877 Total square feet N N \ 74 i \ '--;..1, , S88.01'28"E 147.47 - \ 9 / s I \ 9 I I LIJ 9g9z o \ '\ ,F L_ --____ +� \ LE \\ \ Iu �'(t \ 'C n \� •46' \ I I J DRAINAGE AND UTILITY EASEMENT -*y \ PER RECORD PLAT 1 \ // \\ // u , NO / N J/// •1,�" / p 0 80 160 ,z , �� \9z\w; // SCALEIN FEET J / RAINA UTILITY SAND -7/ SEMENT� °4/'//" \\ ....„......./ °R ( N8416'31"E I hereby certify that this sketch, plan, or report was - ��``OR �C ss.19 prepared by me or under my direct supervision and 5 un14:4 f,t,,/D�'— �, that am a duly Licensed Land Surveyor under the /VCi/�^ T \\R RFCp�Q M T + laws of the State of Minnesota. fN L. 3o? , la , Dated this 28th day of June, 2016 \ �`` /$ l-c//`/�r?O*o� \ SUNDE AND SURVEYING, LLC. �, _r h V S It), h 26 Ig„f 44%� „� By: A. fajjaa zos:saNk Leonard F. Carlson, P.L.S. Minn. Lic. No. 44890 o °P wq 41 a REVISED: July 7, 2016 (Vacation descriptions) afV B 8 a2 9 Fs��q vF,9 \ IS SUNDE 9001 East Bloomington Freeway 1 2888 Bloomington, Minnesota 5 > 952-881-2455 •Suite 118 9526) 2012-187-A3 822/54 T.II6,R.22,S.36 2012187A300IR-2.dwg JMD/SMT LAND SURVEYING www.sunde.com VACATION 16-03 NOTICE OF VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS PART OF LOT 6 AND LOT 7, BLOCK 1, BELLERIEVE, HENNEPIN COUNTY, MINNESOTA Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on August 16, 2016 at 7:00 p.m. to hear all persons present upon the proposed vacation of public drainage and utility easements described as follows: That part of the Drainage and Utility Easement as dedicated in the plat of BELLERIEVE, according to the recorded plat thereof, Hennepin County, Minnesota, which lies 5 feet northerly of and 5 feet southerly of and adjoining the north line of Lot 6, Block 1, said BELLERIEVE, except the westerly 10.00 feet of Lots 6 and 7, said Block 1 and except the easterly 10.00 feet of said Lots 6 and 7. By Order of the City Council Published in the Eden Prairie News on July 28, 2016 NOTIFICATION LIST VACATION REQUEST 16-03 A copy of the Public Hearing Notice has been sent to owner of the following parcels: 36-116-22-31-0021 36-116-22-31-0022 36-116-22-31-0023 36-116-22-31-0024 36-116-22-31-0040 36-116-22-31-0042 36-116-22-31-0043 36-116-22-31-0044 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications Comcast Cable Xcel Energy CITY COUNCIL AGENDA DATE: SECTION: Public Hearings August 16, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Development/Planning Code Amendment for Schools in Janet Jeremiah/Julie Klima the Public Zoning District Requested Action Move to: • Close the Public Hearing; and • Approve first reading of an ordinance amending City Code Sections 11.02 and 11.35 to define and add schools as a permitted use in the Public Zoning District. Synopsis Before 2010, the City Code included public facilities as a permitted use in all zoning districts. Public facilities were defined as "those facilities owned by any governmental unit and those services relating to electric, gas, telephone and cablevision utilities." Schools were allowed under the term and definition of public facilities. In 2010, the City Code was updated to eliminate the term public facilities and in its place public infrastructure was listed as a permitted use in all zoning districts. Public infrastructure is defined as "infrastructure related to municipal utilities owned by any governmental unit including lift stations, well houses, water tower, sewer and water lines, manholes, storm sewer, street lights stop signs and stop lights, bridges, trails sidewalks, and infrastructure related to electric, gas, telephone and cablevision utilities lines,poles and boxes but not including building except as specified above." The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Non-conforming uses are regulated by City Code and State Statute allowing maintenance, replacement, improvement and repair but not allowing expansion. Staff is proposing that the City Code be amended to include public and private schools as a permitted use in the Public Zoning District and that public schools be defined as: 1) a school owned or operated by a public entity which offers general education instruction equivalent to K- 12 or post-secondary education, or 2) a charter school organized under Minnesota Statutes Chapter 124E. The City Code already provides a definition for private school. The language that is provided in the draft ordinance has been slightly modified after the Planning Commission reviewed the proposed code amendment. These modifications were made to provide additional clarity regarding Minnesota Statutes related to charter schools. The code amendment, if approved, would bring the existing ISD 272 school properties that are zoned Public into conforming status. As a subsequent step, staff is has initiated the rezoning of the appropriate school properties to the Public Zoning District, which upon approval, would bring those properties into conformance with the Comprehensive Plan. 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. Attachments • Ordinance • Staff Report dated July 6, 2016 • Planning Commission Minutes July 11, 2016 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02 AND 11.35 RELATING TO SCHOOLS IN THE PUBLIC ZONING DISTRICT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.02 is hereby amended by inserting a new definition for schools as follows: (items to be renumbered) "Public School" — (1) A school owned or operated by a public entity which offers general education instruction equivalent to K-12 or post-secondary education, or (2) a charter school organized under Minnesota Statutes Chapter 124E. Section 2. City Code Chapter 11, Section 11.35, Subd. 2 is hereby amended by inserting the following: H. Public School and Private School. Section 3. 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 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2016, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2016. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2016. STAFF REPORT: TO: Planning Commission FROM: Julie Klima, City Planner DATE: July 6, 2016 SUBJECT: Code Change— Schools in the Public Zoning District BACKGROUND: Prior to 2010, the City Code included public facilities as a permitted use in all zoning districts. Public facilities were defined as "those facilities owned by any governmental unit and those services relating to electric, gas, telephone and cablevision utilities." Schools were allowed under the term and definition of public facilities. In 2010, the City Code was updated to eliminate the term public facilities and in its place public infrastructure was listed as a permitted use in all zoning districts. Public infrastructure is defined as "infrastructure related to municipal utilities owned by any governmental unit including lift stations, well houses, water tower, sewer and water lines, manholes, storm sewer, street lights stop signs and stop lights, bridges, trails sidewalks, and infrastructure related to electric, gas, telephone and cablevision utilities lines, poles and boxes but not including building except as specified above." The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Non-conforming uses are regulated by City Code and State Statute allowing maintenance, replacement, improvement and repair but not allowing expansion. CODE CHANGE: Staff is proposing to resolve this issue with a two-step approach. The first step is to amend Section 11.35, Public Zoning District to include schools as a permitted use. Staff further proposes that schools be defined as: `facilities which offer general education instruction equivalent to K-12 and facilities owned by or operated by any governmental unit which offers post-secondary education". There are currently multiple school facilities within the community. ISD 272 owns 7 properties used as schools and the Hennepin Tech campus consists of 3 properties. The Comprehensive Plan guides all of these properties for Public uses. Of the 7 ISD 272 properties, 3 are already zoned Public and the 4 remaining parcels and the Hennepin Tech properties are zoned Rural. The second step is to initiate rezoning of the Rural properties to Public, bringing those properties into compliance with the Comprehensive Plan. Staff is working with representatives of ISD 272 and Hennepin Tech to facilitate the rezoning requests and expects those will be forthcoming at future meeting(s). STAFF RECOMMENDATION: Staff recommends approval of the amendment to Section 11.35 to add schools as a permitted use in the Public Zoning District and to add the definition of schools as noted in the staff report dated July 6, 2016. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JULY 11, 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. Kirk and Weber were absent. II. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by Pieper, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON JUNE 27, 2016 Farr recommended adding staff commentary on the Whitetail Bluff hearing in which he asked for staffs response to potential homeowners when they would call to inquire about potential adjacent development. MOTION: Higgins moved, seconded by Farr, to approve the amended Planning Commission Minutes. Motion carried 7-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. CODE AMENDMENT FOR SCHOOLS IN THE PUBLIC ZONING DISTRICT Request to: PLANNING COMMISSION MINUTES July 11, 2016 Page 2 • Amend the City Code Chapter 11, Section 11.35 to add schools as permitted use in the Public Zoning District. Klima said that prior to 2010; the City Code included public facilities as a permitted use in all zoning districts. Public facilities were defined as those facilities owned by any governmental unit and those services relating to electric, gas, telephone and cablevision utilities. Schools were allowed under the term and definition of public facilities. In 2010, the City Code was updated to eliminate the term public facilities and in its place public infrastructure was listed as a permitted use in all zoning districts. The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Staff is proposing to resolve the issue with a two-step approach. The first step is to amend Section 11.35, Public Zoning District to include schools as a permitted use. The second step is to initiate rezoning of the Rural properties to Public, bringing those properties into compliance with the Comprehensive Plan. Staff is working with representatives of ISD 272 and Hennepin Tech to facilitate the rezoning requests and expects those will be coming up in future meetings. Staff recommends approval of the amendment change. Wuttke asked in regards to infrastructure, what would City buildings be zoned. Klima said the City Center is zoned industrial. Wuttke asked if the City buildings would be under phase 2 or 3 and Klima responded they would. Wuttke asked if private charter schools would fall under this code amendment. Klima stated they would because they are funded through the State. Chair Stoltz opened the meeting up for public input. There was no input. MOTION: Pieper moved, seconded by Higgins, to close the public hearing. Motion carried 7-0. MOTION: Pieper moved, seconded by Higgins, to recommend approval of amending the City Code Chapter 11, Section 11.35 to add schools as a permitted use in the Public Zoning District and to add the definition of schools as noted in the staff report dated July 6, 2016. Motion carried 7-0. VII. PLANNERS' REPORT A. VIII. MEMBERS' REPORT Wuttke made a comment he heard from the business and residential community regarding park improvements at Round Lake and wanted to address some concerns. PLANNING COMMISSION MINUTES July 11, 2016 Page 3 Wuttke suggested the residents with questions or concerns contact Matt Bourne, Parks &Natural Resources Manager. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION: Pieper moved, seconded by Farr, to adjourn the Planning Commission meeting. Motion carried 7-0. Chair Stoltz adjourned the meeting at 7:37p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims August 16, 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 247640—248159 Wire Transfers 1014511 - 114740 Wire Transfers 5827 - 5855 Purchasing Card 5849 City of Eden Prairie Council Check Summary 8/16/2016 Division Amount Division Amount 13,548 304 Senior Board 235 100 City Manager 600 308 E-911 146 101 Legislative 1,343 309 DWI Forfeiture 42 102 Legal Counsel 50,922 315 Economic Development 8,379 110 City Clerk 1,221 502 Park Development 29,127 111 Customer Service 7,193 509 CIP Fund 329,229 112 Human Resources 206 512 CIP Trails 14,920 113 Communications 11,969 522 Improvement Projects 2006 67,462 114 Benefits&Training 5,650 529 Shady Oak Rd-CR 61 South 1,066,960 130 Assessing 84 530 Pool Upgrade/Expansion -115 131 Finance 483 531 Eden Prairie Road 446 132 Housing and Community Services 13,504 534 WEST 70TH ST.EXTENSION 135,118 133 Planning 7,769 535 TC Station/NS Road 58 136 Public Safety Communications 4,160 536 General LRT 46,028 137 Economic Development 1,265 804 100 Year History 103 151 Park Maintenance 95,179 Total Capital Projects 1,698,137 153 Organized Athletics 3,001 154 Community Center 31,985 601 Prairie Village Liquor 135,561 155 Beaches 972 602 Den Road Liquor 263,046 156 Youth Programs 7,630 603 Prairie View Liquor 186,546 157 Special Events 49,069 605 Den Road Building 18,126 158 Senior Center 6,345 701 Water Fund 344,722 159 Recreation Administration 588 702 Sewer Fund 348,308 160 Therapeutic Recreation 8,117 703 Storm Drainage Fund 41,273 162 Arts 11,910 Special Enterprise Fund 1,337,582 163 Outdoor Center 784 164 Park Rental Facilities 387 803 Escrow Fund 4,304 168 Arts Center 2,751 806 SAC Agency Fund 4,970 180 Police 45,410 807 Benefits Fund 1,227,734 184 Fire 43,044 809 Investment Fund 9,121 186 Inspections 5,070 811 Property Insurance 213,362 200 Engineering 12,767 812 Fleet Internal Service 37,709 201 Street Maintenance 121,449 813 IT Internal Service 73,641 202 Street Lighting 70,222 814 Facilities Capital ISF 10,436 Total General Fund 636,594 815 Facilites Operating ISF 38,491 816 Facilites City Center ISF 72,087 301 CDBG 3,984 817 Facilites Comm.Center ISF 95,004 303 Cemetary Operation 383 Total Internal Svc/Agency Funds 1,786,858 312 Recycle Rebate 30,432 Total Special Revenue Fund 34,799 Report Total 5,978,606 433 2007A Facility Lease-3rd Rink 25,763 439 G.O.Refunding Bonds 2011C 25,360 441 2012A G.O.Refunding Bonds 58,828 442 2012B G.O.Refund Capital Imp 31,053 443 2012C GO Perm Impr Ref Bonds 68,500 446 2014A G.O.TAX ABATEMENT BO 275,131 Total Debt Service Fund 484,635 City of Eden Prairie Council Check Register by GL 8/16/2016 Check# Amount Supplier/Explanation Account Description Business Unit Comments 247910 997,763 C S MCCROSSAN CONSTRUCTION INC Improvement Contracts Shady Oak Rd-CR 61 South Pay estimate for Shady Oak Rd. 5839 483,885 WELLS FARGO BANK MINNESOTA NA Interest 2014A G.O.TAX ABATEMENT BONDS Wells Fargo Bond pymts 247980 311,946 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Sewer Utility-General Wastewater Fee Sept2016 1014726 280,744 ODESA II LLC Improvements to Land Capital Maint.&Reinvestment Staring play area renovation 5846 273,422 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll taxes 5836 272,901 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll taxes 247958 256,960 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums Aug2016 5844 163,982 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 5834 158,943 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 247718 127,456 MEYER CONTRACTING,INC Improvement Contracts WEST 70TH ST.EXTENSION W70th Pay estimate 247973 111,997 LEAGUE MN CITIES INS TRUST Insurance Property Insurance Property/casualty/liaibility/auto-lst installmt 1014739 106,417 XCEL ENERGY Electric Forest Hills Park Electric bill 247975 88,146 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 1014672 87,651 SRF CONSULTING GROUP INC Design&Engineering Engineering 247778 74,228 AMERICAN PAVEMENT SOLUTIONS INC Crack Filling Street Maintenance 1014681 72,347 XCEL ENERGY Electric Prairie Village Liquor Store 1014634 67,553 XCEL ENERGY Electric Outdoor Center 5849 55,118 US BANK Conference/Training Police 247876 55,062 PREMIER ELECTRICAL CORP Equipment Repair&Maint Water Capital 1014665 51,606 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Legal Criminal Prosecution 247740 51,562 RAINBOW INC Improvement Contracts Improvement Projects 2006 247855 46,086 METRO TRANSIT Design&Engineering TC Station/NS Road 247965 40,196 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 247879 39,727 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment Plant 1014571 38,628 XCEL ENERGY Electric Water Wells 247848 36,983 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 247886 35,938 SOUTHERN WINE&SPIRITS OF MN Liquor-Incentives Prairie View Liquor Store 247670 34,750 DERMCO-LAVINE CONSTRUCTION CO INC Seal Coating Park Maintenance 1014613 32,288 LOGIS Network Support IT Operating 247941 31,561 DEPARTMENT OF CORRECTIONS Other Contracted Services Street Maintenance 247703 30,868 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1014625 29,343 REPUBLIC SERVICES#894 Other Contracted Services Recycle Rebate 247953 28,805 GRAYMONT Treatment Chemicals Water Treatment Plant 247793 28,663 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 1014544 26,148 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 247964 25,629 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 247996 25,000 RES SPECIALTY PYROTECHNICS INC Other Contracted Services July 4th Celebration 247652 23,530 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 1014550 23,333 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Acquisition&Development 247847 22,177 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 5848 21,723 EMPOWER Deferred Compensation Health and Benefits 5838 21,343 EMPOWER Deferred Compensation Health and Benefits 247687 20,719 GRAYMONT Treatment Chemicals Water Treatment Plant 1014715 20,714 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Acquisition&Development 247701 20,674 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 247643 20,248 ABM ONSITE SERVICES-MIDWEST Cleaning Supplies Utility Operations-General 1014627 19,277 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 247751 18,989 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 248020 18,072 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 248000 17,507 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 247947 16,896 FIRE SAFETY USA INC Equipment Repair&Maint Capital Maint.&Reinvestment 247792 15,933 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 247653 15,795 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 5847 15,489 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 5837 15,326 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 247881 15,061 SAFEASSURE CONSULTANTS INC Instructor Service Park Maintenance 247957 15,042 HD SUPPLY WATERWORKS LTD Landscape Materials/Supp Round Lake 247976 14,782 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 1014595 14,491 WSB&ASSOCIATES INC Design&Engineering Capital Maint.&Reinvestment 248021 14,030 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 5832 13,586 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture 5852 13,531 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 247974 13,219 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 1014607 13,023 ENVIRONMENTAL PROCESS INC Other Contracted Services Facilities Capital 5827 12,928 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 1014675 12,654 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1014526 12,330 PLEHAL BLACKTOPPING INC Improvement Contracts Storm Drainage 247977 12,115 MARCO INC Other Contracted Services IT Telephone 1014702 11,793 A-SCAPE INC Contract Svcs-Lawn Maint Den Bldg.-CAM 247887 10,872 SOUTHWEST NEWS MEDIA Printing Communications 1014560 10,809 MOTOROLA Other Assets Capital Maint.&Reinvestment 1014567 10,728 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1014626 10,633 STREICHERS Training Supplies Police 247807 10,032 COMMERCIAL ASPHALT CO Repair&Maint.Supplies Street Maintenance 5841 9,883 SELECT ACCOUNT HSA Health and Benefits 1014623 9,855 PRAIRIE ELECTRIC COMPANY Building Public Works/Parks 1014660 9,684 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment Plant 1014740 9,571 ZIEGLER INC Equipment Parts July 4th Celebration 247936 9,437 COMMERCIAL ASPHALT CO Asphalt Overlay Storm Drainage 247939 9,416 DAKOTA WOOD-GRINDING INC Landscape Materials/Supp Park Maintenance 5853 9,359 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 5828 9,150 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 247774 9,121 ADVANTUS CAPITAL MANAGEMENT INC Interest Investment Fund 1014662 9,009 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance 1014732 8,955 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 5851 8,583 SELECT ACCOUNT HSA-Employer Health and Benefits 1014541 8,351 BIFFS INC Other Contracted Services Park Maintenance 247925 8,228 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Den Road Liquor Store 247748 8,204 SLAMHAMMER SOUND CO,INC Other Contracted Services July 4th Celebration 247924 8,196 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 1014709 8,100 CLAUDE'S CERAMIC TILE INC Other Contracted Services Facilities Capital 1014671 7,875 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 247689 7,287 HAY DOBBS Other Contracted Services Planning 247871 7,225 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 247734 7,010 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1014719 6,653 METRO SALES INCORPORATED* Equipment Rentals Customer Service 247798 6,640 CAMPION,BARROW&ASSOCIATES Employment Support Test Fire 247858 6,500 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION Dues&Subscriptions Prairie Village Liquor Store 247677 6,377 FIRE SAFETY USA INC Small Tools Emergency Preparedness 247743 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 247818 6,225 FIRE SAFETY USA INC Equipment Parts Fire 247832 6,142 HEALTHPARTNERS Health&Fitness Fire 247708 6,116 LIFELINE TRAINING LTD Operating Supplies Police 247706 6,000 LANO EQUIPMENT INC Equipment Repair&Maint Storm Drainage Check# Amount Supplier/Explanation Account Description Business Unit Comments 5855 5,945 SAGE PAYMENT SOLUTIONS Bank and Service Charges Sewer Utility-General 247780 5,894 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1014730 5,700 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Landscape Materials/Supp Park Acquisition&Dev Fixed A 5850 5,695 SELECT ACCOUNT HRA Health and Benefits 247797 5,625 BURNET TITLE Other Contracted Services TIF-EDEN SHORES SENIOR HOUSING 247968 5,534 KEEPRS INC. Training Supplies Police 1014633 5,527 WM MUELLER AND SONS INC Building Materials Water System Maintenance 247942 5,488 DIVERSIFIED CONSTRUCTION Other Contracted Services City Center Operations 247896 5,474 TNC INDUSTRIES INC Contract Svcs-HVAC Fire Station#1 1014729 5,241 SHI CORP Computers IT Operating 1014698 5,217 VAN PAPER COMPANY Cleaning Supplies City Hall-Direct Costs 247656 5,178 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 247992 5,152 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 247904 5,136 VERIZON WIRELESS Other Broadband Internet IT Operating 247717 4,995 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 1014701 4,990 2ND WIND EXERCISE Other Contracted Services Organizational Services 1014666 4,899 HAWKINS INC Treatment Chemicals Water Treatment Plant 247902 4,747 VALLEY RICH CO INC Repair&Maint.Supplies Water System Maintenance 1014592 4,686 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1014689 4,338 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 247961 4,317 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 247646 4,201 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 247827 4,145 GRAYMONT Treatment Chemicals Water Treatment Plant 247863 4,096 NORTHLAND BUSINESS SYSTEMS, INC Software Maintenance IT Operating 247831 4,080 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance 247673 3,875 EDEN PRAIRIE EARLY CHILDHOOD Other Contracted Services Housing and Community Service 247895 3,750 T-MOBILE USA Other Contracted Services Police 247737 3,616 PROGRESSIVE CONSULTING ENGINEERS INC Design&Engineering Water Treatment Plant 5830 3,531 SAGE PAYMENT SOLUTIONS Bank and Service Charges Sewer Utility-General 1014622 3,488 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 5829 3,469 AMERICAN EXPRESS Bank and Service Charges Finance 247771 3,450 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 247843 3,438 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 248016 3,403 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 247851 3,387 LUBE-TECH&PARTNERS LLC Lubricants&Additives Fleet Operating 247726 3,375 MN DEPT OF TRANSPORTATION Testing-Soil Boring Shady Oak Rd-CR 61 South 247672 3,325 DUNSMORE ASPHALT INC Other Contracted Services Street Maintenance 1014545 3,306 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance 247916 3,175 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1014597 3,166 ADVANCED ENGINEERING&ENVIRONMENTAL SE Design&Engineering Water Wells 247727 3,145 NAC Contract Svcs-Plumbing City Hall-CAM 5854 3,132 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 247681 3,129 GARAGE FLOOR COATING OF MN Other Contracted Services Rehab 247723 3,097 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 1014591 3,027 VAN PAPER COMPANY Direct SuperValu Fitness/Conference-Cmty Ctr 1014699 3,008 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 247736 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 247769 3,000 WE CAN RIDE Other Contracted Services New Adaptive 1014539 2,993 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#3 247899 2,993 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating 247674 2,754 EHLERS&ASSOCIATES INC Other Contracted Services TIF-HO PROPERTIES 248008 2,718 UNIFORMS UNLIMITED Clothing&Uniforms Police 247921 2,673 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 248009 2,600 UPSTREAM ARTS INC Other Contracted Services New Adaptive Check# Amount Supplier/Explanation Account Description Business Unit Comments 247695 2,452 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1014632 2,425 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 1014611 2,409 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 247986 2,397 NORTHSTAR LACROSSE CO Clothing&Uniforms Fire 247657 2,389 CENTURYLINK Telephone Cummins Grill 247685 2,371 GOPHER SIGN COMPANY Signs Storm Drainage 247894 2,353 TARGETSOLUTIONS LEARNING,LLC Training Supply-Operating Fire 1014721 2,266 MINNESOTA RECREATION&PARK ASSOCIATION Special Event Fees Softball 247666 2,259 COSTCO Operating Supplies Police City Center 247667 2,250 DAKOTA COUNTY TECHNICAL COLLEGE Tuition Reimbursement/School Police 1014643 2,245 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 1014722 2,220 MOTOROLA Other Assets Capital Maint.&Reinvestment 247777 2,202 AMERICAN ENGINEERING TESTING INC Testing-Soil Boring Shady Oak Rd-CR 61 South 247869 2,182 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 247998 2,160 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 247991 2,160 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 247828 2,035 GYM WORKS Equipment Repair&Maint Fitness Center 1014512 2,015 BOUNDLESS NETWORK Operating Supplies Concessions 248011 1,993 VANELLA GROUP OF MN,LLC,THE Other Rentals July 4th Celebration 247943 1,990 DUNSMORE ASPHALT INC Equipment Repair&Maint Water System Maintenance 247692 1,978 HENNEPIN COUNTY UT DEPT Board of Prisoner Police 1014535 1,971 VAN PAPER COMPANY Tenant 1-Cleaning Suppli Fitness/Conference-Cmty Ctr 247729 1,961 NORTHLAND RECREATION LLC Building Materials Capital Maint.&Reinvestment 247790 1,944 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 1014691 1,910 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 1014718 1,887 MENARDS Repair&Maint.Supplies Police 1014536 1,855 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1014656 1,822 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 247799 1,815 CEMSTONE PRODUCTS COMPANY Building Materials Storm Drainage 247838 1,784 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 247906 1,782 VOLUNTEER FIREFIGHTERS BENEFIT ASSN OF M Dues&Subscriptions Fire 1014728 1,769 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Water Treatment Plant 247678 1,764 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 247796 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating 1014705 1,700 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 247825 1,686 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 247840 1,657 HOPKINS SCHOOL DISTRICT ISD270 Fiber Lease Payments IT Operating 247715 1,656 MEDICINE LAKE TOURS Special Event Fees Trips 247647 1,590 AUTISM SOCIETY OF MINESOTA Other Contracted Services Therapeutic Rec Admin 247720 1,585 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 1014738 1,556 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 247867 1,500 PALMQUIST JOAN&HILDRETH RANDALL Refunds Storm Drainage 247897 1,500 TOWEY,SANDY&JOHN Refunds Storm Drainage 1014617 1,475 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concr. Dunn Brothers 248001 1,449 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 1014688 1,446 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 247781 1,435 ARVIG Fiber Lease Payments IT Operating 247909 1,423 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1014546 1,412 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 1014605 1,389 CENTERPOINT ENERGY Gas Cummins Grill 247839 1,375 HOMELINE Other Contracted Services Housing and Community Service 1014710 1,341 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 1014531 1,337 SLETTEN,DAN Conference/Training IT Operating 1014645 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM Check# Amount Supplier/Explanation Account Description Business Unit Comments 247788 1,275 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police 247711 1,250 LUTHY SANDBLASTING&PAINTING INC Equipment Repair&Maint Fleet Operating 247885 1,249 SITEONE LANDSCAPE SUPPLY,LLC Landscape Materials/Supp Capital Maint.&Reinvestment 247816 1,246 ELEMENT MATERIALS TECHNOLOGY Building Capital Maint.&Reinvestment 1014609 1,231 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 247979 1,210 MEDICINE LAKE TOURS Special Event Fees Trips 1014594 1,203 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 1014586 1,200 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 247741 1,195 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Hall-CAM 5843 1,187 SELECT ACCOUNT Other Contracted Services Health and Benefits 247733 1,186 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 247959 1,185 HENNEPIN COUNTY UT DEPT Software Maintenance Public Safety Communications 247922 1,180 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Utility Operations-General 247752 1,159 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 248018 1,148 WORKS COMPUTING INC Software and Hardware IT Capital 1014548 1,145 GARTNER REFRIGERATION&MFG INC Repair&Maint-Ice Rink Ice Arena Maintenance 248006 1,128 TURFWERKS Equipment Repair&Maint Park Maintenance 5833 1,120 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 247786 1,102 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie View Liquor Store 1014694 1,060 R&R SPECIALTIES OF WISCONSIN INC Contract Svcs-Ice Rink Ice Arena Maintenance 247787 1,055 BAY ELECTRONICS INC Equipment Repair&Maint Public Safety Communications 247988 1,050 OMALLEY CONCRETE Building Materials Capital Maint.&Reinvestment 1014524 1,047 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 247721 1,040 MIDWEST SIGN&SCREEN PRINTING SUPPLY CO Signs Fleet Operating 247833 1,038 HENNEPIN COUNTY ATTORNEY'S OFFICE Other Revenue Legal Criminal Prosecution 1014700 1,030 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 247830 1,000 HARD DAY'S NIGHT-A BEATLES TRIBUTE Other Contracted Services Staring Lake Concert 247649 988 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 247719 986 MIDWEST AQUA CARE INC Other Contracted Services Riley Lake 247865 978 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance 247755 963 SPOK,INC. Pager&Cell Phone IT Operating 1014690 951 MINNESOTA CLAY CO.USA Equipment Repair&Maint Arts Center 247699 945 INTERTECH INC Contract Development IT Operating 247888 942 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 247738 925 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits 247713 912 MARSDEN BLDG MAINTENANCE Building Repair&Maint. Water Treatment Plant 1014521 912 HACH COMPANY Laboratory Chemicals Water Treatment Plant 1014570 901 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 247684 900 GILES OUTDOOR SERVICES LLC Landscape Materials/Supp Street Maintenance 247882 900 SCOTT NELSON COACHING INC Tuition Reimbursement/School Fire 247920 900 BELLAND,BRIANNA M Other Contracted Services Summer Theatre 247967 900 KALK,JAY Other Contracted Services Staring Lake Concert 247873 888 PITNEY BOWES Postage Customer Service 247889 880 SPORTS UNLIMITED Instructor Service Lesson Skills Development 247762 878 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 248013 870 VERSATILE VEHICLES INC Other Rentals July 4th Celebration 247779 851 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 1014646 847 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 247644 820 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 1014556 816 MENARDS Operating Supplies Park Maintenance 247981 813 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 247710 808 LLOYDS CONSTRUCTION Outside Water Sales Escrow 1014725 802 NUCO2 INC Supplies-Pool Pool Maintenance 247824 799 GLOBAL EQUIPMENT COMPANY Operating Supplies Elections Check# Amount Supplier/Explanation Account Description Business Unit Comments 247962 786 HYDRO-VAC INC Equipment Repair&Maint Storm Drainage 1014600 786 BANK BEER CO Liquor Product Received Prairie Village Liquor Store 1014658 785 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 247822 769 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 247890 762 STAPLES ADVANTAGE Office Supplies Customer Service 247702 757 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment Plant 247928 754 CEMSTONE PRODUCTS COMPANY Seal Coating Street Maintenance 247664 750 COMPAS Other Contracted Services Staring Lake Concert 247679 750 FUNTIME FUNKTIONS LLC Other Contracted Services July 4th Celebration 248014 750 WELLS FARGO BANK MINNESOTA NA Paying Agent 2014A G.O.TAX ABATEMENT BONDS 1014558 743 MIDWEST ASPHALT CORPORATION Outside Water Sales Escrow 247794 741 BROCK WHITE COMPANY LLC Repair&Maint.Supplies Storm Drainage 247697 737 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 247850 725 LAKE COUNTRY DOOR LLC Supplies-Pool Pool Maintenance 1014549 712 GRAINGER Supplies-HVAC Water Metering 1014707 710 BOYER TRUCKS Equipment Parts Fleet Operating 247785 700 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 247951 700 GALACTIC COWBOY ORCHESTRA THE Other Contracted Services Staring Lake Concert 247997 669 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Park Maintenance 247802 664 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 247661 662 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 247655 660 CEMSTONE CONTRACTOR SUPPLY-DO NOT USE Asphalt Overlay Street Maintenance 247875 660 PRAIRIE LAWN AND GARDEN Small Tools Utility Operations-General 247993 658 PLASTIC BAG MART Liquor Product Received Prairie View Liquor Store 248024 644 PETTY CASH Mileage&Parking Customer Service 1014680 636 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 1014559 630 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concrt Police City Center 247892 629 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1014596 612 ZEP SALES AND SERVICE Lubricants&Additives Fleet Operating 1014716 610 KIDCREATE STUDIO Instructor Service Arts Center 1014654 609 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 247950 600 FOUNDATION THE Other Contracted Services IT Operating 247844 594 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 247676 590 FIELD TRAINING SOLUTIONS Tuition Reimbursement/School Police 1014659 588 CDW GOVERNMENT INC. Operating Supplies Recreation Admin 247735 586 PIRTEK PLYMOUTH Equipment Repair&Maint Sewer System Maintenance 1014568 585 TWIN CITY SEED CO Landscape Materials/Supp Round Lake 247800 584 CENTURYLINK Telephone IT Telephone 1014661 583 DMX MUSIC Other Contracted Services Prairie View Liquor Store 247963 577 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 247795 569 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Sfty City Hall-CAM 247836 563 HENNEPIN TECHNICAL COLLEGE Other Contracted Services Storm Drainage 1014534 552 STONEBROOKE Equipment Parts Fleet Operating 1014563 550 NUCO2 INC Supplies-Pool Pool Maintenance 247900 548 UNIFORMS UNLIMITED Clothing&Uniforms Police 1014514 544 CLAREY'S SAFETY EQUIPMENT Safety Supplies Park Maintenance 1014557 543 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1014551 540 HORIZON COMMERCIAL POOL SUPPLY Cleaning Supplies Round Lake 247696 536 HYDRO KLEAN Repair&Maint.Supplies Water System Maintenance 1014540 526 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1014679 525 WALL TRENDS INC Supplies-General Bldg Police City Center 247846 523 J H LARSON COMPANY Equipment Repair&Maint Capital Maint.&Reinvestment 1014584 513 PARK SUPPLY OF AMERICA INC Supplies-HVAC City Hall-CAM 1014578 511 FASTENAL COMPANY Operating Supplies Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 247866 507 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 247728 500 NELSON BROOKE Other Contracted Services Summer Theatre 247969 500 KOKAL.CRYSTAL Refunds Environmental Education 247978 500 MAYASICH PAUL Other Contracted Services Staring Lake Concert 1014530 496 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 1014599 493 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 247901 492 UNIVERSITY OF MINNESOTA,VMC Canine Supplies Police 248025 490 PETTY CASH-POLICE DEPT Operating Supplies Police 1014703 489 ASPEN WASTE SYSTEMS INC. Other Contracted Services Capital Maint.&Reinvestment 247944 487 E A SWEEN COMPANY Merchandise for Resale Concessions 247691 478 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 247709 470 LINDSTROM RESTORATION Other Contracted Services Police 247878 469 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 247966 460 KAISER,DAVID S Operating Supplies Ice Arena Maintenance 1014608 459 FASTSIGNS Operating Supplies Round Lake Beach 1014569 456 VISTAR CORPORATION Merchandise for Resale Concessions 247864 452 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Drainage 1014624 450 PREMIUM WATERS INC Operating Supplies-Water Fire 1014538 450 A TO Z RENTAL CENTER Repair&Maint.Supplies Utility Operations-General 1014610 449 GRAINGER Repair&Maint.Supplies Water Treatment Plant 247775 448 AL&ALMA'S SUPPER CLUB AND CHARTERS Special Event Fees Trips 1014573 438 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 247686 435 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 1014575 425 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fleet Operating 1014706 425 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 247690 425 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Storm Drainage 247791 424 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 247658 422 CENTURYLINK Other Broadband Internet IT Telephone 1014620 420 OENO'S DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 247946 417 EXECUTIVE OFFICE CONCEPTS,LTD Computer-Accessories IT Operating 247868 412 PAPCO INC Janitor Service City Center Operations 1014598 407 AMERITRAK Other Contracted Services Snow&Ice Control 248010 407 VAISALA Other Contracted Services Snow&Ice Control 248017 400 WONDERWEAVERS Other Contracted Services Staring Lake Concert 1014664 398 GRAINGER Cleaning Supplies Utility Operations-General 247835 395 HENNEPIN TECHNICAL COLLEGE Dues&Sub-Cert&Licensing Fire 247938 395 CRAIG RAPP,LLC Conference/Training Administration 1014686 393 FASTENAL COMPANY Operating Supplies Water System Maintenance 1014616 392 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 248023 390 SCOTT COUNTY SHERIFFS OFFICE Deposits Escrow 248022 389 CAPREF EDEN PRAIRIE LLC Refunds Housing and Community Service 247817 387 ENKI BREWING COMPANY INC Liquor Product Received Prairie View Liquor Store 1014589 384 TYRA-LUKENS,NANCY Travel Expense City Council 1014528 379 RUE,RODNEY Mileage&Parking Engineering 247811 375 DAKOTA COUNTY TECHNICAL COLLEGE Tuition Reimbursement/School Police 247948 374 FLYNN JEFF Refunds Environmental Education 1014655 374 VAN PAPER COMPANY Supplies-General Building City Center Operations 247765 374 UNITED STATES TREASURY Health Insurance Health and Benefits 1014516 373 DUNGAN,TRACY Mileage&Parking Park Facilities 1014515 372 CUSTOM HOSE TECH Repair&Maint.Supplies Water System Maintenance 247782 367 ASPEN CARPET CLEANING Janitor Service Police City Center 1014555 366 LOCATORS&SUPPLIES INC Operating Supplies Traffic Signals 1014577 362 ELLIS,ROBERT Mileage&Parking Engineering 1014720 360 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 1014601 359 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1014574 354 CASE,RON Travel Expense City Council 247760 353 SUMMIT COMPANIES Safety Supplies Fire 247669 350 DENGEL,JANA Instructor Service Safety Camp 247812 350 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 1014520 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 247861 345 MUEHBAUR THOMAS Other Contracted Services Community Band 247995 345 REPLENEX Equipment Parts Fleet Operating 247761 343 SUPPOGU PREM Refunds Environmental Education 247763 342 THREE RIVERS PARK DISTRICT Other Contracted Services New Adaptive 1014727 336 OENO'S DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 247650 334 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 1014572 325 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1014614 325 MENARDS Operating Supplies Staring Lake 1014682 324 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Outdoor Center Facilities 247884 322 SIGNSOURCE Signs Den Road Liquor Store 247739 322 QUALITY REFRIGERATION Equipment Repair&Maint Concessions 1014587 320 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 1014513 319 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 1014668 319 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1014612 316 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 247773 314 ABRA AUTO BODY&GLASS Equipment Repair&Maint Fleet Operating 5840 300 SELECT ACCOUNT HRA Health and Benefits 247911 300 ANOKA COUNTY SHERIFF'S DEPT Deposits Escrow 1014603 298 CAREER TRACK Tuition Reimbursement/School Police 1014711 291 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1014736 290 WESTWOOD PROFESSIONAL SERVICES INC Design&Engineering Improvement Projects 2006 247772 289 WORKS COMPUTING INC Hardware-Rpr&Mtc IT Operating 247749 286 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 247694 282 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 247731 281 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Park Maintenance 247663 280 COMCAST Other Broadband Internet IT Operating 247789 279 BELLADONNA FLORIST&GIFTS Operating Supplies Fire 247842 275 HY-VEE INC Reimbursement Escrow 1014737 270 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 247949 267 FOUNDATION BUSINESS SYSTEMS,LLC Other Contracted Services Storm Drainage 247776 263 ALTERNATIVE BUSINESS FURNITURE INC Supplies-General Building City Center Operations 1014695 258 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 1014552 258 INDUSTRIAL FLOOR MAINTENANCE INC. Equipment Parts Fleet Operating 247810 256 CUB FOODS EDEN PRAIRIE Operating Supplies Police 1014683 254 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 247854 253 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 1014553 250 JEFFERSON FIRE&SAFETY INC Operating Supplies-Station sup Fire 1014631 249 WATSON CO INC,THE Merchandise for Resale Concessions 1014639 241 DANHAUSER,LINDSEY Operating Supplies Arts Center 247716 240 METRO DINING CLUB Deposits Escrow 247645 237 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 247914 237 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 248003 236 STAPLES ADVANTAGE Office Supplies Customer Service 247815 232 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Housing and Community Service 1014723 227 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 247698 225 INFORMATION POLICY ANALYSIS Tuition Reimbursement/School Police 1014669 221 NUCO2 INC Supplies-Pool Pool Maintenance 1014562 220 NORCOSTCO Other Rentals Summer Theatre Check# Amount Supplier/Explanation Account Description Business Unit Comments 247754 219 SPECTRUM AQUATICS Supplies-Pool Pool Maintenance 1014673 217 STERICYCLE INC Other Contracted Services Police 247999 217 SODERBERG,GARY Refunds Environmental Education 1014667 212 MENARDS Operating Supplies Round Lake 247732 211 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 247874 210 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1014615 210 MINNESOTA ATHLETIC APPAREL Clothing&Uniforms Police 247826 205 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 1014522 203 METROPOLITAN FORD Equipment Parts Fleet Operating 5842 201 OPTUM HEALTH Other Contracted Services Health and Benefits 247704 201 KEEPRS INC. Clothing&Uniforms Fire 247952 201 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 247768 200 WALSER CHRYSLER JEEP DODGE Equipment Parts Fleet Operating 247862 200 NAMI-MN Other Contracted Services Organizational Services 247927 200 BURTIS,ROBERT J Other Contracted Services Staring Lake Concert 1014585 199 QUALITY PROPANE Motor Fuels Fleet Operating 247671 197 DIRECTV Cable TV Community Center Admin 1014576 196 CUSTOM HOSE TECH Equipment Parts Fleet Operating 247640 195 PETTY CASH-EPCC Program Fee Community Center Admin 247746 189 SIR LINES-A-LOT Contracted Striping Traffic Signs 247668 189 DB SHOGER&ASSOCIATES LLC Small Tools Traffic Signals 1014542 188 CENTERPOINT ENERGY Gas Prairie View Liquor Store 247680 181 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 1014593 180 W P&R S MARS CO Operating Supplies Park Maintenance 1014717 179 KUSTOM SIGNALS INC Equipment Repair&Maint Police 1014713 179 GINA MARIAS INC Operating Supplies Police 247859 169 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 1014628 166 UPS Postage Fire 1014636 165 BROWN,TRAVIS Clothing&Uniforms Police 1014712 162 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM 1014621 162 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 248012 161 VERIZON WIRELESS Other Contracted Services Park Maintenance 247745 160 ROYAL SUPPLY LLC Operating Supplies Internal Events 1014670 160 RIGID HITCH INCORPORATED Autos Fire 247983 160 MINNESOTA CHIEFS OF POLICE ASSOC Printing Police 1014629 158 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 247814 157 EARL F ANDERSEN INC Operating Supplies Community Center Admin 1014588 157 STONEBROOKE Equipment Parts Fire 1014554 153 KUSTOM SIGNALS INC Equipment Repair&Maint Police 1014525 152 PERRY NICHOLAS L Mileage&Parking Tree Disease 1014648 152 NEWTON,J.RANDALL Mileage&Parking Engineering 1014674 151 STREICHERS Clothing&Uniforms Police 1014580 150 KALLIGHER,ANDREA Mileage&Parking Community Center Admin 247642 150 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 247707 150 LAVAN FLOOR COVERING Supplies-General Bldg Ice Arena Maintenance 1014543 150 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 1014565 150 REINDERS INC Chemicals Park Maintenance 1014678 150 USA SECURITY Maintenance Contracts Water Treatment Plant 1014651 147 PERRY NICHOLAS L Mileage&Parking Tree Disease 1014604 147 CAWLEY COMPANY,THE Clothing&Uniforms Prairie Village Liquor Store 247929 146 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 247932 146 COMCAST Equipment Repair&Maint E-911 Program 247813 145 DISRUD MATT Deposits-P&R Refunds Community Center Admin 247852 145 LUNDIN RANDY Deposits-P&R Refunds Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 247903 145 VASSAR DAN Deposits-P&R Refunds Community Center Admin 247907 145 WHEELER CHARLES Deposits-P&R Refunds Community Center Admin 1014731 145 STREICHERS Clothing&Uniforms Police 1014657 144 2ND WIND EXERCISE Operating Supplies Fitness Classes 247954 142 GYM WORKS Equipment Repair&Maint Fitness Center 247972 140 LARSON LINNEA AR Utility Water Enterprise Fund 1014590 137 URBINA,JAIME Mileage&Parking Prairie Village Liquor Store 247898 136 TURFWERKS Equipment Parts Fleet Operating 1014704 136 BANK BEER CO Liquor Product Received Prairie View Liquor Store 1014527 131 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 247648 130 BATCHVAROVA ANNA Deposits-P&R Refunds Community Center Admin 247659 130 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 247742 125 RICK'S PLUMBING SERVICES LLC Equipment Repair&Maint Water System Maintenance 247877 125 PREMIUM CONSTRUCTION LLC Reimbursement Escrow 247880 125 RICCI MAE&RYAN Refunds Environmental Education 1014511 125 ADAMS PEST CONTROL INC Maintenance Contracts Utility Operations-General 1014640 125 DARLING,ANDREA Conference/Training Fitness Classes 247714 123 MEADOW GREEN LAWNS INC Other Contracted Services Storm Drainage 247960 120 HENNEPIN COUNTY RESIDENT&REAL ESTATE Other Contracted Services Engineering 247806 119 COMCAST Cable TV Fire 247753 118 SPAULDING JENNA Operating Supplies Police 1014630 118 VIKING ELECTRIC SUPPLY Equipment Repair&Maint Purgatory Creek Park 1014566 118 SPS COMPANIES Supplies-HVAC City Hall-CAM 1014582 117 MPX GROUP,THE Printing Police 1014677 114 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 1014619 114 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 247945 113 EXECUTIVE OCEAN Miscellaneous City Council 248005 112 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 1014697 110 STRONER,ELIZABETH Operating Supplies Police 247764 108 UNIFORMS UNLIMITED Clothing&Uniforms Animal Control 247849 107 KEEPRS INC. Clothing&Uniforms Animal Control 5845 105 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 1014642 105 GEHRING CRYSTAL Mileage&Parking Park Maintenance 1014644 104 HARRINGTON,MIKE Clothing&Uniforms Police 1014652 104 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1014724 104 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 5835 102 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 247705 100 KRIVOSIK PAVOL Refunds Environmental Education 247758 100 STILES PETER Refunds Environmental Education 247853 100 MARSCH DAVID Refunds Environmental Education 247915 100 ARAVALLI RAJAGOPAL Refunds Environmental Education 247923 100 BOTHUN,RAY Refunds Environmental Education 247955 100 HARASYN BARBARA Refunds Environmental Education 247982 100 MIKULSKY KIMBERLY Refunds Environmental Education 247987 100 OLSON,DANIEL Refunds Environmental Education 247990 100 PATEL,KINNARY Refunds Environmental Education 248002 100 ST LOUIS PARK POLICE DEPARTMENT Training Supplies Police 1014649 98 NIELSEN DAYNA Mileage&Parking Teen Programs 247675 98 FEDERAL SIGNAL CORPORATION Equipment Parts Fleet Operating 1014685 96 DANHAUSER,LINDSEY Mileage&Parking Arts Center 1014564 96 OENO'S DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 247970 96 LANGFIELD SHERI Deferred Revenue Housing Inspections 1014638 93 CARLSTON,BRANDON Printing Police 247989 93 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire Check# Amount Supplier/Explanation Account Description Business Unit Comments 1014519 91 GEHRING CRYSTAL Mileage&Parking Park Maintenance 1014641 90 DAVIS,HEATHER Mileage&Parking Youth Programs Admin 247808 90 COSTA ALICIA MARIE Licenses,Permits,Taxes Theatre Initiative 247837 90 HIGBEE RAND Licenses,Permits,Taxes Theatre Initiative 247870 90 PEPPER CARY Licenses,Permits,Taxes Theatre Initiative 247893 90 TANGREDI FRANK Licenses,Permits,Taxes Theatre Initiative 248007 90 TWIN CITIES F.I.T Other Contracted Services New Adaptive 247683 87 GEAR WASH LLC Protective Clothing-Turn Out G Fire 247805 86 COMCAST Cable TV Fire 247934 85 COMCAST Cable TV Fire 1014653 84 SAMS,JOHN Mileage&Parking Assessing 247722 84 MIKULSKY KIMBERLY Deposits-P&R Refunds Community Center Admin 1014663 84 FASTSIGNS Signs Arts in the Park 247693 83 HENNEPIN COUNTY MEDICAL CENTER EMS Supplies-EMS Supplies Fire 247783 83 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 1014523 82 MPX GROUP,THE Printing Police 247767 81 WALKER KURT Deferred Revenue Housing Inspections 247940 81 DELLACCIO DANICA Inspection Fee Housing Inspections 247823 81 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Bldg Senior Center 247801 81 CHRISTENSON,CATHERINE Wages No Benefits Elections 247665 80 CONTECH ENGINEERED SOLUTIONS LLC Repair&Maint.Supplies Storm Drainage 247682 79 GARY CARLSON EQUIPMENT Equipment Repair&Maint Storm Drainage 247809 78 CRETEX SPECIALTY PRODUCTS Repair&Maint.Supplies Sewer System Maintenance 247724 77 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 1014637 76 CAMPBELL,CHRISTINA Operating Supplies Arts Center 1014693 75 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 5831 75 VANCO SERVICES Miscellaneous Community Center Admin 247730 75 NOVEY GRANT Refunds Environmental Education 1014735 75 USA SECURITY Maintenance Contracts Water Treatment Plant 1014583 74 NORTHERN SAFETY TECHNOLOGY INC Autos Fire 247834 74 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 247784 73 BARTLEY,ZACK Deposits-P&R Refunds Community Center Admin 247820 73 FISHER,KEVIN Deposits-P&R Refunds Community Center Admin 247856 73 MIKESH,KYLE Deposits-P&R Refunds Community Center Admin 247883 73 SELBOLBORO NATE Deposits-P&R Refunds Community Center Admin 247654 72 CARON ERIC Refunds Environmental Education 247829 72 HACKMAN ALEX Deposits-P&R Refunds Community Center Admin 247757 72 STAPLES ADVANTAGE Office Supplies Customer Service 1014733 71 TWIN CITY SEED CO Operating Supplies Round Lake 247971 71 LANO EQUIPMENT INC Equipment Parts Fleet Operating 1014581 69 MIT,1 FNDER LARRY Mileage&Parking Aquatics Admin. 1014529 68 SCHOBER KAREN Mileage&Parking Park Facilities 247908 67 WHEELER LUMBER LLC Building Materials Park Maintenance 247821 61 FLECK JAMIE Deposits Escrow 247641 60 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 247651 60 BRANDT,ANDRIA Deposits-Health Reimb. Community Center Admin 247688 60 HANZLIK,JAMES Deposits-Health Reimb. Community Center Admin 247770 60 WEEGMANN GUY Deposits-Health Reimb. Community Center Admin 247845 60 INNOVATIVE GRAPHICS Miscellaneous Police 247905 60 VINAR DENNIS Deposits-P&R Refunds Community Center Admin 247937 60 COTA,MARK Deposits-P&R Refunds Community Center Admin 247841 58 HOTSY MINNESOTA Supplies-Plumbing Public Works/Parks 1014547 56 FERRELLGAS Repair&Maint.Supplies Utility Operations-General 248015 56 WELLS KIMBERTLY AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 247933 53 COMCAST Other Broadband Internet IT Operating 1014532 52 SMITH DIANA Mileage&Parking Park Facilities 247662 50 CLEVELAND ROBERT Refunds Environmental Education 247926 50 BROOKLYN PARK POLICE DEPARTMENT Training Supplies Police 247985 50 NERGE JOHN Refunds Environmental Education 1014692 50 MYERS,THERESA Conference/Training Fitness Classes 248004 49 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 247747 48 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Park Maintenance 1014618 46 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 247759 44 STOLTZ,VERONICA Refunds Environmental Education 247660 42 CLEAN N PRESS MTKA Clothing&Uniforms Police 247891 42 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 1014533 41 SMITH,KELLY Mileage&Parking Park Facilities 1014537 41 WHITE,BECKI Travel Expense Fire 247700 40 ISAACSON KELLY Deposits-Health Reimb. Community Center Admin 247712 40 MALIK SANJAY Deposits-Health Reimb. Community Center Admin 1014684 37 CARLSTON,BRANDON Clothing&Uniforms Police 247935 36 COMCAST Cable TV Fire 1014561 35 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1014606 35 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 1014687 35 GEISSLER TYLER Mileage&Parking Park Facilities 1014650 33 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Hall-CAM 1014708 33 CDW GOVERNMENT INC. Hardware-Other IT Operating 1014676 32 UPS Other Revenue Housing and Community Service 247750 31 SMITH MARGARET Deposits-P&R Refunds Community Center Admin 1014517 31 FASTENAL COMPANY Building Materials Park Construction 247756 30 ST.PAUL PORT AUTHORITY Deposits Escrow 1014714 30 GRAINGER Supplies-HVAC Fitness/Conference-Cmty Ctr 247872 29 PIRTEK PLYMOUTH Equipment Repair&Maint Sewer System Maintenance 247912 28 AL&ALMA'S SUPPER CLUB AND CHARTERS Special Event Fees Trips 1014602 24 BOYER TRUCKS Equipment Parts Fleet Operating 247857 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 1014579 23 GEISSLER TYLER Mileage&Parking Park Facilities 247956 23 HARLEY DEBORAH AR Utility Water Enterprise Fund 247917 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 247766 22 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 1014696 22 SMITH DIANA Mileage&Parking Park Facilities 247744 20 ROTH,ERIC Deposits-Health Reimb. Community Center Admin 247918 20 BCA Contract Svcs-General Bldg Police City Center 247804 18 COMCAST Cable TV Fire 1014734 15 UPS Other Revenue Police 1014647 13 MY CABLE MART Hardware-Other IT Operating 247994 13 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 1014635 11 BATTERIES PLUS Repair&Maint.Supplies Water System Maintenance 1014518 11 FLEETPRIDE INC Equipment Parts Fleet Operating 247984 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 247819 10 FISERV INC Bank and Service Charges Water Accounting 247913 9 ALLAN MECHANICAL Mechanical Permits General Fund 247919 9 BECK,MICHAEL AR Utility Water Enterprise Fund 247725 8 MIRACLE RECREATION EQUIPMENT CO Equipment Repair&Maint Park Maintenance 247803 2 COMCAST Other Contracted Services Police 5,978,606 Grand Total City of Eden Prairie Purchasing Card Payment Report 8/16/2016 Amount Explanation Vendor Account Description Business Unit 6,922 US-May16 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 2,245 US-annual award ceremony BUCA Operating Supplies Fire 2,233 US-woodshop equip GRIZZLY.COM Capital Under$25,000 Senior Center Programs 1,795 US-membership dues INT'L ASSOC OF FIRE CHIEFS Dues&Subscriptions Fire 1,312 US-overlay KNIFE RIVER CORP Operating Supplies Street Maintenance 1,312 US-overlay KNIFE RIVER CORP Asphalt Overlay Street Maintenance 1,312 US-overlay KNIFE RIVER CORP Asphalt Overlay Street Maintenance 1,119 US-software renewal ACCESSDATA GROUP INC Equipment Repair&Maint IT Operating 975 US-carlon wahlen dusek fall co AWWA-MINNESOTA SECTION Conference/Training Utility Operations-General 960 US-art supplies TRIARCO Operating Supplies Arts 895 US-IEDC conf registration IEDC Conference/Training Economic Development 864 US-concrete supplies CONSTRUCTION MIDWEST Seal Coating Street Maintenance 805 US-hydraulick valves for press INNOTEK CORP Repair&Maint.Supplies Water Treatment Plant 751 US-summer theater rentals APRES Other Rentals Summer Theatre 724 US-volleyball gym rental EDEN PRAIRIE SCHOOL Other Contracted Services Volleyball 611 US-generator for trailer NORTHERN TOOL&EQUIPMENT Capital Under$25,000 Concessions 559 US-stove for break room EDEN PRAIRIE APPLIANCE Building Repair&Maint. Utility Operations-General 528 US-occupancy sensors HOME DEPOT CREDIT SERVICES Building Repair&Maint. Water Treatment Plant 493 US-sports supplies WILSON SPORTING GOODS Operating Supplies Tennis 479 US-May16 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 458 US-MN fire code trng INTERNATIONAL CODE COUNCIL Conference/Training Fire Inspections Admin 452 US-quartermaster supply AMAZON.COM Operating Supplies Police 429 US-washer and dryer APPLIANCESMART Cleaning Supplies Pool Maintenance 429 US-washer and dryer APPLIANCESMART Cleaning Supplies Ice Arena Maintenance 429 US-washer and dryer APPLIANCESMART Cleaning Supplies Fitness/Conference-Cmty Ctr 417 US-camp supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Playgrounds 417 US-conf lodging ARROWWOOD RADISSON RESORT Travel Expense Water Treatment Plant 381 US-mag print sub IFMA Licenses,Permits,Taxes,Fees City Center Operations 375 US-zafft,peters,groth trng MINNESOTA RURAL WATER ASSOCIAT Conference/Training Water System Maintenance 375 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 375 US-Membership USTA-NORTHERN SECTION Dues&Subscriptions Tennis 370 US-IEDC conf travel DELTA AIR Travel Expense Economic Development 367 US-May16 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund 363 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 347 US-adhesive MENARDS Repair&Maint.Supplies Sewer System Maintenance 314 US-safety camp slip n slide USA INFLATABLES Operating Supplies Safety Camp 308 US-event supplies MENARDS Operating Supplies Special Events Admin 298 US-Haberle/Rock training FRED PRYOR SEMINARS Tuition Reimbursement/School Police 295 US-training seminar PUBLIC AGENCY TRAINING COUNCIL Training Supplies Fire Inspections Admin 290 US-council workshop LEEANN CHIN Miscellaneous City Council 280 US-pickle ball NORTHERN TOOL&EQUIPMENT Operating Supplies Franlo Park 264 US-round lake supplies TARGET Operating Supplies Round Lake Beach 263 US-Jaime Urbina CC EDEN PRAIRIE LIQUOR Deposits Escrow 248 US-camp supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Playgrounds 243 US-aquatic staff trng AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 243 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 240 US-arts grant 99 BLICK ART MATERIALS Operating Supplies Arts 237 US-railing bridge MENARDS Building Materials Outdoor Center 225 US-achievement award GOVERNMENT FINANCE OFFICERS AS Awards Finance Amount Explanation Vendor Account Description Business Unit 218 US-supplies CONTAINER STORE Operating Supplies Elections 210 US-lifeguard course AMERICAN RED CROSS Conference/Training Pool Operations 203 US-shop supplies MENARDS Repair&Maint.Supplies Sewer System Maintenance 203 US-big pants trip/play PLYMOUTH PLAYHOUSE Special Event Fees Trips 201 US-Inv meal WHICH WICH Operating Supplies Police 200 US-arborist recert INTERNATIONAL SOCIETY OF ARBOR Dues&Subscriptions Tree Disease 200 US-membership ICMA Dues&Subscriptions Human Resources 200 US-epcc supplies TARGET Operating Supplies Community Center Admin 195 US-J ficcadenti lodging COMFORT SUITES Tuition Reimbursement/School Police 195 US-S mittelstadt lodging COMFORT SUITES Tuition Reimbursement/School Police 189 US-partnership survey lunch JIMMY JOHNS Miscellaneous Engineering 187 US-staff lunch JIMMY JOHNS Operating Supplies Safety Camp 184 US-dock repair GAMBER JOHNSON LLC Computers IT Operating 183 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 178 US-Jaime Urbina CC EDEN PRAIRIE LIQUOR Deposits Escrow 177 US-gas cans for park and rec NORTHERN TOOL&EQUIPMENT Repair&Maint.Supplies Concessions 174 US-fitness equipment SPORTS AUTHORITY Health&Fitness Fire 173 US-CC bank service charge PLUG N PAY Bank and Service Charges Community Center Admin 168 US-art supplies TARGET Operating Supplies Arts Center 168 US-membership USTA Dues&Subscriptions Tennis 162 US-sod MUSTARD SEED Repair&Maint.Supplies Park Maintenance 162 US-LIT field trip GTVEDIRECT.ORG Special Event Fees Teen Programs 158 US-coffee COFFEE WHOLESALE Operating Supplies Senior Center Programs 155 US-drawing kits-adults BLICK ART MATERIALS Operating Supplies Arts Center 154 US-supplies WALMART COMMUNITY Operating Supplies Youth Programs Admin 146 US-paper PAPER DIRECT INC Operating Supplies Police 136 US-2016 election kick-off DUNN BROTHERS COFFEE Miscellaneous City Council 135 US-aquatic staff trng AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 133 US-CPR review AMERICAN RED CROSS Conference/Training Fitness Admin. 131 US-July 3,4 lunch planning mee GINA MARIAS INC Operating Supplies July 4th Celebration 128 US-Newton-streets workshop HOLIDAY INN Conference/Training Engineering 128 US-Ellis-streets workshop HOLIDAY INN Conference/Training Engineering 127 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 125 US-summer staff trng DAVANNI'S PIZZA Operating Supplies Therapeutic Rec Admin 125 US-summer staff trng DAVANNI'S PIZZA Operating Supplies Playgrounds 125 US-gas cans for trailer NORTHERN TOOL&EQUIPMENT Capital Under$25,000 Concessions 123 US-sunshine fund-J Provo BACHMANS CREDIT DEPT Deposits Escrow 122 US-PE license renewals BOARD OF AELSLAGID Licenses,Permits,Taxes,Fees Engineering 122 US-PE license renewals BOARD OF AELSLAGID Licenses,Permits,Taxes,Fees Engineering 122 US-PE license renewals BOARD OF AELSLAGID Licenses,Permits,Taxes,Fees Engineering 121 US-tennis equip TARGET Operating Supplies Tennis 120 US-CC bank service charge PLUG N PAY Bank and Service Charges Community Center Admin 119 US-Food DAVANNI'S PIZZA Tuition Reimbursement/School Police 119 US-uniform items ADOLPH KIEFER&ASSOCIATES Clothing&Uniforms Pool Operations 118 US-supplies AMAZON.COM Operating Supplies Playgrounds 118 US-safety camp team building TARGET Operating Supplies Safety Camp 117 US-scripts for childrens shows PIONEER DRAMA SERVICE Operating Supplies Theatre Initiative 117 US-irrigation box HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 117 US-brooms/shovels HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 114 US-P2F yellow cards ID WHOLESALER Operating Supplies Community Center Admin 114 US-supplies WALMART COMMUNITY Operating Supplies Day Camp 109 US-office coolers TARGET Operating Supplies Police 108 US-sprayer,potting mix MENARDS Landscape Materials/Supp Community Center Amount Explanation Vendor Account Description Business Unit 107 US-hole plugs TESSCO INC Building Repair&Maint. Public Safety Communications 106 US-meal WHICH WICH Tuition Reimbursement/School Police 105 US-k9 equip KURANDA USA INC Canine Supplies Police 104 US-conf lodging ARROWWOOD RADISSON RESORT Travel Expense Water Treatment Plant 102 US-baggo set AMAZON.COM Operating Supplies Recreation Admin 102 US-baggo set AMAZON.COM Operating Supplies Recreation Admin 101 US-disposable work pants NORTHERN SAFETY AND INDUSTRIAL Landscape Materials/Supp Street Maintenance 100 US-dues PROFESSIONAL SKATERS Dues&Subscriptions Ice Lessons 100 US-appraiser posting MAAO Employment Advertising Organizational Services 100 US-J Schedin-training THE HOARDING PROJECT Tuition Reimbursement/School Police 100 US-L soppeland training THE HOARDING PROJECT Tuition Reimbursement/School Police 99 US-shop vac HOME DEPOT CREDIT SERVICES Small Tools Round Lake 98 US-meal CRUMB GOURMET DELI Tuition Reimbursement/School Police 98 US-N eichman lodging COMFORT SUITES Tuition Reimbursement/School Police 96 US-datacard ribbon AMAZON.COM Process Control Equipment IT Operating 96 US-key rings SETON IDENTIFICATION PRODUCTS Operating Supplies Fire 92 US-concert series cables FULL COMPASS SYSTEMS Operating Supplies Summer Theatre 91 US-gasket door ELECTROLUX Repair&Maint.Supplies Concessions 89 US-sod MUSTARD SEED Repair&Maint.Supplies Park Maintenance 89 US-pool fountain purgatory MENARDS Equipment Repair&Maint Purgatory Creek Park 88 US-program supplies WALMART COMMUNITY Operating Supplies Playgrounds 87 US-wsj subscription WALL STREET JOURNAL Dues&Subscriptions Finance 85 US-replacement battery AMAZON.COM Computers IT Operating 84 US-camp supplies WALMART COMMUNITY Operating Supplies Playgrounds 84 US-program supplies NATURE-WATCH Operating Supplies Outdoor Center 84 US-tool repair DEWALT FACTORY Equipment Repair&Maint Water Treatment Plant 83 US-camp supplies WALMART COMMUNITY Operating Supplies Playgrounds 82 US-supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Community Center Admin 82 US-riley operations AMAZON.COM Operating Supplies Riley Lake Beach 82 US-safety camp-meals CHIPOTLE Operating Supplies Safety Camp 81 US-lefeguard recert AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 81 US-aquatic staff trng AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 80 US-parts for kanopy for Tina KD KANOPY Operating Supplies Round Lake Beach 80 US-supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Fire 77 US-kids camp supplies MENARDS Operating Supplies Arts Center 77 US-garden party CUB FOODS EDEN PRAIRIE Special Event Fees Senior Board 76 US-CPR review AMERICAN RED CROSS Conference/Training Concessions 76 US-CPR review AMERICAN RED CROSS Conference/Training Youth Programs Admin 75 US-glass camp supplies FRANTZ ART GLASS&SUPPLY Operating Supplies Arts Center 75 US-fans MENARDS Operating Supplies Community Center Admin 75 US-paper towels HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Utility Operations-General 74 US-clamps HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 73 US-art supplies BLICK ART MATERIALS Operating Supplies Arts Center 72 US-base camp NORTHERN STAR COUNCIL Special Event Fees Teen Programs 72 US-office supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Street Maintenance 71 US-occupancy sensors HOME DEPOT CREDIT SERVICES Building Repair&Maint. Water Treatment Plant 68 US-garden party CUB FOODS EDEN PRAIRIE Special Event Fees Senior Board 68 US-planning session BYERLYS Miscellaneous Engineering 67 US-lightening chargers AMAZON.COM Computers Storm Drainage 67 US-supplies MENARDS Operating Supplies Day Camp 66 US-mic pouch,chargers AV NOW,INC Operating Supplies Fitness Classes 66 US-west metro mayors mtg CRUMB GOURMET DELI Miscellaneous City Council 64 US-boxes,ear plugs AMAZON.COM Operating Supplies Fitness Center Amount Explanation Vendor Account Description Business Unit 64 US-supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Fire 64 US-batteries for summer musica MEDICBATTERIES.COM Operating Supplies Summer Theatre 63 US-clothing/uniforms/sunglasse PAYPAL INC Clothing&Uniforms Pool Operations 63 US-supplies HOME DEPOT CREDIT SERVICES Training Supplies Police 63 US-ac adapters AMAZON.COM Operating Supplies Elections 63 US-office supplies OFFICE DEPOT CREDIT PLAN Repair&Maint.Supplies Concessions 62 US-meal CRUMB GOURMET DELI Tuition Reimbursement/School Police 62 US-toner cartridge AMAZON.COM Process Control Equipment IT Operating 62 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 61 US-garden party PARTY CITY Special Event Fees Senior Board 61 US-electrical supplies ELECTRIC CRAFTSMAN INC Equipment Repair&Maint Elections 61 US-spare toner AMAZON.COM Process Control Equipment IT Operating 60 US-sunshine fund-McWaters BACHMANS CREDIT DEPT Deposits Escrow 60 US-projection gear AMAZON.COM Computers IT Operating 60 US-clothing/uniforms/whistles S&S WORLDWIDE Clothing&Uniforms Pool Operations 59 US-props for summer theater ORIENTAL TRADING Operating Supplies Summer Theatre 59 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 57 US-CPR review AMERICAN RED CROSS Conference/Training Community Center Admin 57 US-shop paint/supplies MENARDS Repair&Maint.Supplies Water System Maintenance 57 US-storage bins AMAZON.COM Operating Supplies Community Center Admin 56 US-out and about adaptive camp THE WORKS Operating Supplies New Adaptive 56 US-parts DISCOUNT ONLINE PARTS Equipment Parts Fleet Operating 56 US-concert series cables B&H PHOTO Operating Supplies Summer Theatre 56 US-oars for boat MILLS FLEET FARM Operating Supplies Park Maintenance 55 US-toner cartridge AMAZON.COM Process Control Equipment IT Operating 54 US-CPR full course AMERICAN RED CROSS Conference/Training Concessions 54 US-CPR full course AMERICAN RED CROSS Conference/Training Fitness Admin. 54 US-CPR full course AMERICAN RED CROSS Conference/Training Youth Programs Admin 53 US clamps for bat cages MENARDS Building Materials Park Maintenance 53 US-cc processing-parks SQUARE HARDWARE Operating Supplies Community Center Admin 52 US-fuel for meeting BP OIL Operating Supplies Fire 52 US-foyer leak buckets MENARDS Building Repair&Maint. Water Wells 52 US-parts/floor scrub NORTHERN TOOL&EQUIPMENT Equipment Parts Fleet Operating 51 US-totes for well#12 MENARDS Repair&Maint.Supplies Water Wells 51 US-Rob's retirement CARIBOU COFFEE Employee Award Organizational Services 51 US-safety camp-coffee CARIBOU COFFEE Operating Supplies Safety Camp 51 US-treats for swimming lessons AMAZON.COM Operating Supplies Pool Lessons 51 US-lesson equip ADOLPH KIEFER&ASSOCIATES Operating Supplies Pool Lessons 50 US-speaker gift card TARGET Operating Supplies Safety Camp 50 US-supplies for 4th of july TARGET Operating Supplies Round Lake Beach 49 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 49 US-locks FRATTALLONE'S/MINNETONKA ACE Repair&Maint.Supplies Concessions 49 US-charger AV NOW,INC Operating Supplies Fitness Classes 48 US-membership USTA Dues&Subscriptions Tennis 48 US-membership USTA Dues&Subscriptions Tennis 48 US-membership USTA Dues&Subscriptions Tennis 47 US-frames MICHAELS-THE ARTS&CRAFTS S Operating Supplies Fitness Center 47 US-toner for printer AMAZON.COM Process Control Equipment IT Operating 46 US-supplies WALMART COMMUNITY Operating Supplies Playgrounds 46 US-lake fountain anchor HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Purgatory Creek Park 45 US-art supplies TRIARCO Operating Supplies Arts 45 US-ad for auditions PAYPAL INC Advertising Theatre Initiative 45 US-beach party DOLLAR TREE STORES,INC. Operating Supplies July 4th Celebration Amount Explanation Vendor Account Description Business Unit 45 US-toner cartridge AMAZON.COM Process Control Equipment IT Operating 44 US-battery AMAZON.COM Equipment Repair&Maint IT Operating 44 US-online training CEU PLAN Conference/Training Utility Operations-General 43 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 43 US-skate lesson name tags OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Lessons 42 US-critter food PETCO Operating Supplies Outdoor Center 42 US-critter food PETCO Operating Supplies Outdoor Center 42 US-strategic planning meeting BYERLYS Miscellaneous Engineering 42 US-flying cloud bldg MENARDS Repair&Maint.Supplies Flying Cloud Fields 42 US-out and about adaptive camp SHAKOPEE SANDVENTURE Special Event Fees New Adaptive 42 US-art supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts 41 US-rink 1 plexi glass FRATTALLONE'S/MINNETONKA ACE Operating Supplies Ice Operations 41 US-B-balls-kickboxing shield AMAZON.COM Capital Under$25,000 Fitness Classes 41 US-training supplies AMAZON.COM Operating Supplies Youth Programs Admin 40 US-Novak-Krebs trng SENSIBLE LAND USE COALITION Conference/Training Planning 39 US-drinking cups AMAZON.COM Miscellaneous IT Operating 38 US-sump/paint MENARDS Repair&Maint.Supplies Storm Drainage 38 US-k9 equip RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 37 US-splash pad FRATTALLONE'S/MINNETONKA ACE Operating Supplies Round Lake 37 US-CPR masks/glove cleaner WALMART COMMUNITY Operating Supplies Fitness Classes 36 US-membership USTA Dues&Subscriptions Tennis 35 US-art supplies WALMART COMMUNITY Operating Supplies Arts Center 34 US-out and about adaptive camp COLD STONE CREAMERY Special Event Fees New Adaptive 34 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 34 US-N Minton CC MICHAELS-THE ARTS&CRAFTS S Deposits Escrow 34 US-sump/paint HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage 33 US-LTS skate instructor cert LEARN TO SKATE Dues&Subscriptions Ice Lessons 33 US-party supplies PARTY CITY Operating Supplies Police 33 US-sun shelter-pheasant woods HOME DEPOT CREDIT SERVICES Building Materials Pheasant Woods Park(Mitchell) 32 US-playgrounds MENARDS Operating Supplies Park Maintenance 32 US-staff photo frame MICHAELS-THE ARTS&CRAFTS S Office Supplies Water Treatment Plant 32 US-cough drops NORTHERN SAFETY AND INDUSTRIAL Office Supplies Customer Service 32 US-supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Youth Programs Admin 32 US-supplies FRANKLIN COVEY Office Supplies Customer Service 30 US-concrete forms-miller park MENARDS Signs Miller Park 30 US-conf ARROWWOOD RADISSON RESORT Travel Expense Water Treatment Plant 30 US-parts NOBLE RV OF MINNEAPOLIS Equipment Parts Fleet Operating 30 US-hidden ponds playground MENARDS Repair&Maint.Supplies Hidden Ponds Park 30 US-willow Park MENARDS Repair&Maint.Supplies Park Maintenance 30 US-staff trng supplies TARGET Operating Supplies Therapeutic Rec Admin 30 US-batteries MENARDS Repair&Maint.Supplies Water Treatment Plant 30 US-critter food MILLS FLEET FARM Operating Supplies Outdoor Center 29 US-sport switch AMAZON.COM Equipment Repair&Maint IT Operating 28 US-safety camp JORDAN ACE HARDWARE Operating Supplies Safety Camp 28 US-supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Fire 28 US-trash grabbers MENARDS Operating Supplies Park Maintenance 27 US jazz festival staff supplie CUB FOODS EDEN PRAIRIE Operating Supplies Staring Lake Concert 27 US-CPR full course AMERICAN RED CROSS Conference/Training Inclusion 27 US-hooks for trailer TARGET Operating Supplies Concessions 26 US-July 3,4 lunch planning mee WALMART COMMUNITY Operating Supplies July 4th Celebration 26 US-grills,plants garden HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Cummins Grill 26 US-riley safety supplies WALGREEN'S#5080 Safety Supplies Riley Lake Beach 26 US-supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Playgrounds Amount Explanation Vendor Account Description Business Unit 26 US-coffee decanter AMAZON.COM Operating Supplies Senior Board 26 US-gas cans for generator WALMART COMMUNITY Capital Under$25,000 Concessions 25 US-critter food PETCO Operating Supplies Outdoor Center 25 US-B-balls-kickboxing shield AMAZON.COM Capital Under$25,000 Fitness Classes 25 US-supplies MENARDS Repair&Maint.Supplies Homeward Hills Park 25 US-black ink cartridge ID WHOLESALER Operating Supplies Community Center Admin 25 US-screws for fence repair MENARDS Repair&Maint.Supplies Park Maintenance 25 US-sign material MENARDS Signs Park Maintenance 25 US-gas cans for generator NORTHERN TOOL&EQUIPMENT Capital Under$25,000 Concessions 24 US-plexi glass FRATTALLONE'S/MINNETONKA ACE Operating Supplies Ice Operations 24 US-meal CRUMB GOURMET DELI Tuition Reimbursement/School Police 24 US-bolts for boundary signs FASTENAL COMPANY Operating Supplies Park Maintenance 24 US-membership USTA Dues&Subscriptions Tennis 24 US-membership USTA Dues&Subscriptions Tennis 24 US-membership USTA Dues&Subscriptions Tennis 23 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 23 US-lead and copper to lab deli UNITED STATES POSTAL SERVICE Postage Water Treatment Plant 23 US-lead and copper to lab deli UNITED STATES POSTAL SERVICE Postage Water Treatment Plant 23 US-lead and copper to lab deli UNITED STATES POSTAL SERVICE Postage Water Treatment Plant 23 US-projector mounts AMAZON.COM Computers IT Operating 23 US-woodshop supplies AMAZON.COM Equipment Repair&Maint Senior Center Programs 23 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 23 US-supplies for july 3rd/4th HOLIDAY STATION STORES INC Operating Supplies July 4th Celebration 23 US-shop supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage 23 US-paint for sumps HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage 22 US-keys for trailer RV LOCKS AND MORE Operating Supplies Concessions 21 US-anchors for pheasant woods MENARDS Building Materials Pheasant Woods Park(Mitchell) 21 US-summer theater supplies TARGET Operating Supplies Summer Theatre 21 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 20 US-power cord/ac adapter AMAZON.COM Operating Supplies Communications 20 US-membership USTA Dues&Subscriptions Tennis 20 US-membership USTA Dues&Subscriptions Tennis 20 US-membership USTA Dues&Subscriptions Tennis 20 US-membership USTA Dues&Subscriptions Tennis 20 US-membership USTA Dues&Subscriptions Tennis 20 US-membership USTA Dues&Subscriptions Tennis 20 US-membership USTA Dues&Subscriptions Tennis 20 US-membership USTA Dues&Subscriptions Tennis 20 US-membership USTA Dues&Subscriptions Tennis 20 US-membership USTA Dues&Subscriptions Tennis 20 US-membership USTA Dues&Subscriptions Tennis 20 US-membership USTA Dues&Subscriptions Tennis 20 US-membership USTA Dues&Subscriptions Tennis 20 US-membership USTA Dues&Subscriptions Tennis 20 US-membership USTA Dues&Subscriptions Tennis 20 US-membership USTA Dues&Subscriptions Tennis 20 US-membership USTA Dues&Subscriptions Tennis 20 US-membership USTA Dues&Subscriptions Tennis 20 US-membership USTA Dues&Subscriptions Tennis 20 US-light bulbs-hidden ponds to HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water Wells 20 US-supplies for july 3rd/4th HOLIDAY STATION STORES INC Operating Supplies July 4th Celebration 20 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 19 US-CPR masks/glove cleaner WALMART COMMUNITY Operating Supplies Fitness Classes Amount Explanation Vendor Account Description Business Unit 19 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 19 US-CPR review AMERICAN RED CROSS Conference/Training Day Care 19 US-café food KOWALSKI'S MARKET Merchandise for Resale Concessions 18 US-kids camp supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 18 US-props for summer theater COSTCO WHOELSALE CORPORATION Operating Supplies Summer Theatre 18 US-M Swanson-engineering NATIONAL STUDENT CLEARINGHOUSE Gym Rental Organizational Services 18 US-out and about adaptive camp MANNS HOPKINS Special Event Fees New Adaptive 17 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 17 US-program supplies DOLLAR TREE STORES,INC. Operating Supplies Youth Programs Admin 17 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 16 US-wizard card game AMAZON.COM Operating Supplies Senior Center Programs 16 US-clay studio supplies MENARDS Operating Supplies Arts Center 16 US-pool operating SPOTIFY Operating Supplies Pool Operations 16 US-popsicles-silver sneakers KOWALSKI'S MARKET Operating Supplies Fitness Classes 16 US-clay studio supplies HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center 16 US-fasteners FRATTALLONE'S/MINNETONKA ACE Operating Supplies Community Center Admin 15 US-tasting bottles TOTAL WINE Operating Supplies Den Road Liquor Store 15 US-tasting bottles TOTAL WINE Operating Supplies Prairie Village Liquor Store 15 US-tasting bottles TOTAL WINE Operating Supplies Prairie View Liquor Store 15 US-conf PIKE AND PINT GRILL Travel Expense Water Treatment Plant 15 US-treats for swimming lessons TARGET Operating Supplies Pool Lessons 15 US-art class supplies TARGET Operating Supplies Arts Center 14 US-woodshop supplies AMAZON.COM Equipment Repair&Maint Senior Center Programs 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 14 US-summer theater supplies DOLLAR TREE STORES,INC. Operating Supplies Summer Theatre 13 US-staff mtg RADERMACHERS Operating Supplies Senior Center Programs 13 US-safety camp WALMART COMMUNITY Operating Supplies Safety Camp 13 US-keys for trailer FRATTALLONE'S/MINNETONKA ACE Operating Supplies Concessions 13 US-keys for trailer FRATTALLONE'S/MINNETONKA ACE Operating Supplies Concessions 13 US-electrical supplies MENARDS Repair&Maint.Supplies Park Maintenance 12 US-membership USTA Dues&Subscriptions Tennis 12 US-membership USTA Dues&Subscriptions Tennis 12 US-membership USTA Dues&Subscriptions Tennis 12 US-membership USTA Dues&Subscriptions Tennis 12 US-membership USTA Dues&Subscriptions Tennis 12 US-membership USTA Dues&Subscriptions Tennis 12 US-membership USTA Dues&Subscriptions Tennis 12 US-membership USTA Dues&Subscriptions Tennis 12 US-membership USTA Dues&Subscriptions Tennis 12 US-membership USTA Dues&Subscriptions Tennis 12 US-membership USTA Dues&Subscriptions Tennis 12 US-critter food PETCO Operating Supplies Outdoor Center 12 US-kids camp supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 11 US-money mag visit drinks DUNN BROTHERS COFFEE Miscellaneous Administration 11 US-FITP yard signs FRATTALLONE'S/MINNETONKA ACE Operating Supplies Fitness Classes 11 US-batteries INTERSTATE BATTERY SYSTEM OF M Repair&Maint.Supplies Sewer Liftstation 11 US-adaptive camp-glee CUB FOODS EDEN PRAIRIE Operating Supplies Ice Special Events 11 US-safety comp certs AMAZON.COM Office Supplies Police 11 US-café food BYERLYS Merchandise for Resale Concessions 10 US-voleyball court numbers FRATTALLONE'S/MINNETONKA ACE Operating Supplies Athletic Programs Admin 10 US-woodshop supplies GREAT LAKES TECHNOLOGIES LLC Equipment Repair&Maint Senior Center Programs 10 US-training lunch WAHKON INN BAR AND GRILL Conference/Training Utility Operations-General 10 US-round lake supplies MENARDS Operating Supplies Round Lake Beach Amount Explanation Vendor Account Description Business Unit 10 US-ice for beaches SUPERAMERICA Operating Supplies Aquatics Admin. 10 US-sand bags for sign FRATTALLONE'S/MINNETONKA ACE Operating Supplies After School Programs 10 US-aux cords AMAZON.COM Operating Supplies Fitness Classes 10 US-long brush HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance 10 US-adapter MENARDS Operating Supplies Park Maintenance 10 US-camp supplies MENARDS Operating Supplies Playgrounds 9 US-critter food CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center 9 US-parking U OF M PARKING Mileage&Parking Utility Operations-General 9 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 9 US-art supplies TRIARCO Operating Supplies Arts 8 US-splash pad HOME DEPOT CREDIT SERVICES Operating Supplies Round Lake 8 US-supplies MENARDS Operating Supplies Park Maintenance 7 US-batteries INTERSTATE BATTERY SYSTEM OF M Repair&Maint.Supplies Sewer System Maintenance 7 US-benedryll/yard signs DOLLAR TREE STORES,INC. Operating Supplies Fitness Classes 7 US-supplies MENARDS Operating Supplies Park Maintenance 7 US-silverware AMAZON.COM Miscellaneous IT Operating 6 US-silverware AMAZON.COM Miscellaneous IT Operating 6 US-contractor mail UNITED STATES POSTAL SERVICE Postage Water Treatment Plant 5 US-occupancy sensors HOME DEPOT CREDIT SERVICES Building Repair&Maint. Water Treatment Plant 5 US-hospital parking STANDARD PARKING Mileage&Parking Police 4 US-props for summer theater COSTCO WHOELSALE CORPORATION Operating Supplies Summer Theatre 4 US-garden party CUB FOODS EDEN PRAIRIE Special Event Fees Senior Board 3 US-mens room toilet repair HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water Treatment Plant 3 US-tennis MENARDS Repair&Maint.Supplies Park Maintenance 3 US-conf ARROWWOOD RADISSON RESORT Travel Expense Water Treatment Plant 2 US-sensory supplies DOLLAR TREE STORES,INC. Operating Supplies Accessibility -7 US-credit LA POLICE GEAR Training Supplies Police -8 US-refund ID WHOLESALER Operating Supplies Community Center Admin -9 US-refund JORDAN ACE HARDWARE Operating Supplies Safety Camp -13 US-refund-return HOME DEPOT CREDIT SERVICES Training Supplies Police -34 US-N Minton CC MICHAELS-THE ARTS&CRAFTS S Deposits Escrow -40 US-lake fountain return HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Purgatory Creek Park -134 US-refund ARROWWOOD RADISSON RESORT Travel Expense Water Treatment Plant -155 US-May16 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund -178 US-Jaime Urbina CC EDEN PRAIRIE LIQUOR Deposits Escrow -263 US-Jaime Urbina CC EDEN PRAIRIE LIQUOR Deposits Escrow 55,118 Report Total CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director August 16, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Matt Bourne, Parks and Natural Resources Manager Accept Bids and Award Contract for Cedar Hills Park Development Requested Action Move to: Award the contract for Cedar Hills Park development to Minger Construction Co., Inc. in the amount of$892,992.50. Synopsis The proposed park would include a parking lot,play area, basketball court, a large turf open space and both paved and nature trails. Specifications for the construction work were prepared by our consultant HTPO and the City received bids from nine contractors. This project is the construction of a neighborhood park on the MAC property adjacent to Eden Prairie Road and Riley Creek. This park location was selected in 2002 and the terms of development and use negotiated when Flying Cloud Airport was expanded. This area is undergoing rapid housing development and will serve the new residents of the area. Bid Summary and Recommendation The summary of the bids submitted is as follows: Contractor Base Bid Bid Alternates Bid Total Minger Construction $852,066.25 $40,926.25 $892,992.50 Meyer Contracting $866,583.16 $39,472.00 $906,055.16 Rachel Contracting $972,449.50 $41,258.50 $1,013,708.00 S.M. Hentges & Sons $993,510.00 $49,595.00 $1,043,105.00 Max Steiniger $1,008,529.62 $42,443.00 $1,050,972.62 Ramsey Excavating $1,062,124.00 $57,138.75 $1,119,262.75 Peterson Companies $1,074,706.50 $39,921.70 $1,114,628.20 Veit& Company $1,082,629.14 $56,140.00 $1,138,769.14 Park Construction $1,087,268.70 $52,709.50 $1,139,978.20 The Engineers estimate for the project was $1,042,260.00. Eight of the nine submitters has met the guidelines as detailed in the bid specifications. Staff and consulting engineer recommends the contract be awarded to Minger Construction Co.,Inc. Funding for the construction work will come from the Capital Improvement Program (Park Improvement Funds). The project is anticipated to begin this fall and be completed next summer. Attachments HTPO Recommendation Letter and Summary of Bids Contract FORM OF CONTRACT THIS AGREEMENT, made and executed this 16th day of August, 2016, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Minger Construction Co., Inc., hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the City Engineer for the Parks and Recreation Department referred to in Paragraph IV, as provided by the CITY for: Cedar Hills Park(with Bid Alternate#1) CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices,based on estimated required quantities is estimated to be $892,992.50. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal d. Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MN. By Its City Mayor And Its City Manager CONTRACTOR In Presence Of: By Title And Title Revised and Copied into Purchasing Policy March 2013 plI Engineering Surveying : 1 Landscape Architecture August 8,2016 Mr. Matt Bourne City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Construction Bids for Cedar Hills Park, City Project No.11101 Dear Mr. Bourne, Bids were received and opened at 10:00 a.m.on Thursday,August 4,2016,for the above referenced project. The bids are shown on the attached Summary of Bids. The Engineer's Estimate for this project was as follows: $991,965.00 for the Base Bid and $50,295.00 for the Bid Alternate #1. The low bidder, Minger Construction Companies,Inc.,came in 14% below the Engineer's Estimate for the Base Bid with a bid of$852,066.25 and 19% below the Engineer's Estimate for Bid Alternate#1 with a bid of$40,926.25. Recommendation is made that the City Council awards this project to Minger Construction Companies, Inc. in the amount of$852,066.25 for the Base Bid and $40,926.25 for the Bid Alternate #1 for a total of $892,992.50. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Sincerely, HANSEN THORP PELLINEN OLSON, INC. X" 6 - Adam Pawelk,P.E. Enclosures 7510 Market Place Drive Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax www.htpo.com HANSEN THORP PELLINEN OLSON, INC. SUMMARY OF BIDS Z p p J Engineering•Surveying 71) ; ) Landscape Architecture 1 � Project Title: Cedar Hills Park City of Eden Prairie, MN Date: 8/4/2016 Time: 10:00 AM 5%Bid Responsible Addendum Bid Alternate#1 Planholders Contractor Base Bid Total Bond No. 1 Total Verification Form Engineer's Estimate $991,965.00 $50,295.00 Minger Construction Co., Inc. $852,066.25 $40,926.25 X X X Meyer Contracting, Inc. $866,583.16 $39,472.00 X X X Rachel Contracting, Inc. $972,449.50 $41,258.50 X X X S.M. Hentges&Sons, Inc. $993,510.00 $49,595.00 X X Max Steininger, Inc. $1,008,529.62 $42,443.00 X X X Ramsey Excavating Co. $1,062,124.00 $57,138.75 X X X Peterson Companies, Inc. $1,074,706.50 $39,921.70 X X X Veit&Company, Inc. $1,082,629.14 $56,140.00 X X X Park Construction Company X X X $1,087,276.70 $52,709.50 CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director August 16, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.2. Matt Bourne, Parks and Professional Services Agreement with HTPO Natural Resources Manager, for Construction Services for Cedar Hills Parks and Recreation Park Development Motion Move to: Authorize entering into a Standard Agreement for Professional Services with HTPO for Construction Phase Services for Cedar Hills Park Development at a cost not to exceed $98,000.00. Synopsis Staff recommends entering into a professional services agreement with HTPO for construction administration, observation and staking for the Cedar Hills Park Development. The proposed project is scheduled in the Capital Improvement Program for 2016. Background City staff entered into an agreement with HTPO for the design phase services for this project. Bids were received and low bid price was below the engineer's estimate. HTPO has performed similar work for the Riley Lake Park Ballfield Expansion and staff feels very comfortable recommending them for this project. Recommendation The proposal from HTPO is in line with our estimate and staff recommends approval of this contract. Attachment Standard Agreement for Professional Services Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 16th day of August, 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., a Minnesota Corporation (hereinafter "Contractor") 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 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 Cedar Hills Park Development 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 —Additional Design Data and Construction Administration, Observation and Staking in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from August 16, 2016 through the completion of the project 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 $ 98,000.00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. 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." Standard Agreement for Professional Services 2014.01 Page 2 of 9 6. Project Manager and Staffing. The Consultant has designated Laurie Johnson and other Consultant Staff 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 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 Standard Agreement for Professional Services 2014.01 Page 3 of 9 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 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 Agreement for Professional Services 2014.01 Page 4 of 9 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, 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 shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies 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 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 Standard Agreement for Professional Services 2014.01 Page 5 of 9 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 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. Standard Agreement for Professional Services 2014.01 Page 6 of 9 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. 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. Standard Agreement for Professional Services 2014.01 Page 7 of 9 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager Hansen, Thorp, Pellinen, Olson, Inc. By: Its: Standard Agreement for Professional Services 2014.01 Page 8 of 9 EXHIBIT A SCOPE OF SERVICES 1. Additional Design Data Two additional infiltration tests by Braun Intertec for locating suitable site for infiltration basin, and additional MNRAM review of 2014 wetland report by Kjolhaug Environmental for wetland buffer determination. 2. Construction Administration Includes communications with contractor, watershed district, and MAC/FAA; coordination with geotechnical engineer; conducting preconstruction meeting, shop drawing review, preparation ❑f contractor pay requests, preparation ❑f record drawings, and project closeout. 3. Construction Observation Includes 280 hours of construction observation by HTPO and one site visit by Clark Engineering_ 4. Construction Staking Includes a one-time staking for construction limits/erosion control, grading, storm sewer, watermain, structures, curb, and trail; grade verification of drainage basins, and as-built elevation of utility structures. Standard Agreement for Professional Services 2014.01 Page 9 of 9 CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director August 16, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.3. Matt Bourne, Parks and Authorize Maintenance Agreement for the Natural Resources Manager, Buffer Areas, Water Crossing and Parks and Recreation Stormwater Facilities at Cedar Hills Park Motion Move to: Authorize entering into a maintenance agreement for buffer areas, water crossing and stormwater facilities at Cedar Hills Park with Riley Purgatory Bluff Creek Watershed District. Synopsis Due to the new water crossing and new buffer areas and stormwater infiltration basins required to be built as part of the Cedar Hills Park development, the Riley-Purgatory-Bluff Creek Watershed District is requiring an agreement outlining maintenance and reporting requirements for these items. This agreement must be executed as a condition of the Watershed District permit for the Cedar Hills Park Development CIP project. Background The proposed Cedar Hills Park includes a parking lot and paved trails with a bridge over Purgatory Creek. These new impervious surfaces and water crossing trigger certain criteria to be met in order to comply with RPBCWD rules. Included in these criteria is a requirement to enter into a maintenance and reporting agreement between the City and the RPBCWD. Attachment Maintenance Agreement Exhibit A MAINTENANCE AGREEMENT Between the Riley Purgatory Bluff Creek Watershed District and The City of Eden Prairie This Maintenance Agreement (Agreement) is made by and between the Riley Purgatory Bluff Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes chapters 1 03B and 1 03D (RPBCWD), and the City of Eden Prairie, a statutory city and body corporate and politic of the State of Minnesota (City). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes section 1 03D.345, the RPBCWD has adopted and implements the Wetland and Creek Buffers Rule, the Waterbody Crossings and Structures Rule and the Stormwater Management Rule; WHEREAS under the Wetland and Creek Buffers Rule, certain land development activity triggers the requirement that the landowner record a declaration establishing the landowner's perpetual obligation to protect undisturbed buffer adjacent to a creek or wetland; WHEREAS under the Stormwater Management Rule, certain land development activity triggers the requirement that the landowner record a declaration establishing the landowner's perpetual obligation to inspect and maintain stormwater-management facilities WHEREAS in each case, a public landowner, as an alternative to a recorded instrument, may meet the maintenance requirement by documenting its obligations in an unrecorded written agreement with the RPBCWD; WHEREAS in accordance with the RPBCWD rules and as a condition of permit 201 5-039, the City's perpetual obligation to maintain stormwater facilities must be memorialized in a maintenance agreement specifying requirements and restrictions; WHEREAS City and the RPBCWD execute this Agreement to fulfill the condition of permit no. 201 5-039, and concur that it is binding and rests on mutual valuable consideration; 1 THEREFORE City and RPBCWD agree as follows that City, at its cost, will inspect and maintain the wetland buffer and stormwater facilities as shown in the site plan attached to and incorporated into this Agreement as Exhibit A in perpetuity as follows: 1 . BUFFER AREAS a. Buffer vegetation must not be cultivated, cropped, pastured, mowed, fertilized, subject to the placement of mulch or yard waste, or otherwise disturbed, except for periodic cutting or burning that promotes the health of the buffer, actions to address disease or invasive species, mowing for purposes of public safety, temporary disturbance for placement or repair of buried utilities, or other actions to maintain or improve buffer quality and performance, each as approved by the District in advance in writing or when implemented pursuant to a written maintenance plan approved by the District. b. Diseased, noxious, invasive or otherwise hazardous trees or vegetation may be selectively removed from buffer areas and trees may be selectively pruned to maintain health. c. Pesticides and herbicides may be used in accordance with Minnesota Department of Agriculture rules and guidelines. d. No fill, debris or other material will be placed within a buffer. e. No structure or impervious cover (hard surface) may be created within a buffer area beyond that shown in the scaled site plan attached to this declaration as Exhibit A. f. Permanent wetland buffer markers will be maintained in the locations shown on the approved site plan attached as Exhibit A. Language shall indicate the purpose of the buffer, restrictions, and the name and website address of the Riley Purgatory Bluff Creek Watershed District. 2. WATERBODY CROSSINGS & STRUCTURES a. Crossings and structures in contact with the bed or bank of a waterbody will be inspected at least once a year and maintained in good repair in perpetuity to ensure adequate hydraulic and navigational capacity is 2 retained in accordance with approved plans; to ensure no net increase in the flood stage beyond that achieved by the approved plans; to prevent adverse effects to water quality, changes to the existing flowline/gradient and increased scour, erosion or sedimentation; and minimizing the potential for obstruction of the waterbody. 3. STORMWATER FACILITIES a. Stormwater retention and treatment basin(s). Stormwater retention and treatment basin(s) must be inspected at least once a year for the first two years after the project is completed and once every five years thereafter to determine if the basin's retention and treatment characteristics are adequate and continue to perform per design. Culverts and outfall structures must be kept clear of any obstructions or sediment accumulation. Sediment accumulation must be measured by a method accurate to within one vertical foot. A storage treatment basin will be considered inadequate if sediment has decreased the wet storage volume by 50 percent of its original design volume. Based on this inspection, if the stormwater basin(s) is identified for sediment cleanout, the basin(s) will be programmed into the City's storm water budget plan in order for the pond to be restored to its original design contours. b. Raingardens, infiltration basins and filtration basins. Raingardens, infiltration basins and filtration basins will be inspected annually for the first two years after the project is completed and once every five years thereafter to ensure continued live storage capacity at or above the design volume. Invasive vegetation, excess sediment and debris will be removed as needed and healthy plant growth will be maintained to ensure that the facilities continue to perform per design. 4. Reporting. City will submit to the RPBCWD annually for the first two years and once every five years after a brief written report that describes stormwater facility maintenance activities performed under this declaration, including dates, locations of inspections and the maintenance activities performed. 5. Property Transfer. If City conveys into private ownership a fee interest in the property that is the subject of this Agreement, it shall require as a condition of sale, and enforce: (a) that the purchaser record a declaration on the property incorporating the maintenance requirements of this Agreement; and (b) that recordation occur either before any other encumbrance is recorded on the property or, if after, only as accompanied by a subordination and consent 3 executed by the encumbrance holder ensuring that the declaration will run with the land in perpetuity. If City conveys into public ownership a fee interest in any property that has become subject to this Agreement, it shall require as a condition of the purchase and sale agreement that the purchaser accept an assignment of all obligations vested under this Agreement. 6. This Agreement may be amended only in a writing signed by the parties. 7. Authority to Contract. The person executing this Agreement on behalf of City represents that he is duly authorized to execute this Agreement on behalf of City and represents and warrants that this Agreement is a legal, valid and binding obligation enforceable according to its terms. 8. The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT By Date: President, Board of Managers CITY OF EDEN PRAIRIE By: Date: Its Mayor By: Date: Its City Manager 4 NOTES : 1. CONTRACTOR SHALL TAKE SPECIAL CARE TO MINIMIZE COMPACTION IN GREENSPACE AREAS, INCLUDING AREAS FORLINFArgRATION BASINS. V \ \"� \ / / �\ \ W\ \\\\\\\\ n\\\ \ \�\�\ \ J J / '/ / 2. INSTALL ADDITIONAL ESC MEASURES FOLLOWING MASS GRADING AS SHOWN OR AS DIRECTED � \ \\\ \\\ a ) \\\ \\ \ \ \ \\\ \ \\\\\ \ \ \\\\\\\\\ \\ \\ \\\\\\ \\\\ / /� ///�' BY ENGINEER. � \ \ \ \ �, , > l I-- \ \\\\\ \ \ \\\\\ \\\ \\ \\ \\\\\ \ \\\ \\\ / //// / �C \ \\\ \\\ \\ \�� S I \ \ \ \\\\\\\\ \\\\ \\ \\\\\\ \\ \\ \ \\ \\ \\ \\\\\\ �� N \ \ O �� \ \...____ \ \\ \ \ \\\ \ \\\ \ \\\\\\\ \ \ \ \\\ \\- � / 3. INSTALL INLET PROTECTION IMMEDIATELY FOLLOWING INSTALLATION OF NEW CATCH BASINS. \\�\ \\�� \ \\ \\\\ , -�� _ \ \\\\\\ \ \\\\\\\\ \\\\ \ \\ \ \\ \\\\ \ \\N \\ �� // /\ \ \ \\\� _ �i \ / \ \\\ \ \\ \ \\ / r / 4. INSTALL SEDIMENT CONTROL LOGS AROUND INFILTRATION BASINS IMMEDIATELY FOLLOWING \\ \\ \ \\ \\ \ \ \ L- -� \ ,� CREEK \ \� \ \ \ \ \ \\\ \ \\ \\ \ /�,/ rr� \ \ \ \ \\ FES772.6\\\ RIM780.03 RILEY♦ \ �\\\\ \ \ \ \ \ \ \ \\ \ \\ \\\ � rr r/ EXCAVATION OF BASINS. SCARIFY TOP 12" OF SUBGRADE PRIOR TO PLACEMENT OF TOPSOIL \ \ \. \ \\ 72.45 \\�INV 770.83 \ ` \ �-- \\\ \\ \ \\\ \ \\ / // rr \ \ -.N.. \ \ / /► I \ \ _ \ \\ \ \ \ \ \\\ ��� AND ROOT ZONE MIX. \ \ \ \ \ \ pr \ ES 769 87 15"T•,,�, �` �_ i� \\\ \ \\ \\\\\\\ \ \ \\ \ \� \ \ \\ \\\\\ \\� / /� ? , 5. PLACE MIN. 6" TOPSOIL ON ALL DISTURBED AND NEW GREENSPACE AREAS EXPECT FOR RIM 7:0 '�/�/�� C 12" . Itit/ E ! 101,4"0" -RE\ �` \ \ \ \ \ \\ \ \ \\ \ \ \ /// � \ \ \ \ 70' PED. \ \NV7'0.:00 �� 4: J "TR 91r'' 12" `• , E ��\ ` ` I \ � \ \ \\ \\\\ \ \ \ ,� INFILTRATION BASINS. \ � \►��� ��� �,, 7 'TREE \ \ n \\\\\ \\\\ \\\ \\\\\\ \ \\\\\ \ \ \�� ( 'ii _�_ \\ BRIDGE �L �Zs _������ ✓ ., \ \ \ \ \\\\\ \\\\\ \\ \ � �// r ��, TURF ESTABLISHMENT F R ALL DIST DISTURBED AND NEWGREENSPACE AREA SHALL CONFORM T\ v 12"CED \\ \ \ \ \ \ \\ \\\ \\ 9 1 6 uo u s Co o O -\\\ \ \ -� T _� `\ FE 768.99 , \ 2"TREE c 10" EE -\ \ � \ \ \\ \\\ \ \� // / Ili �� \\ \ ,` -\ �� �\ \� ► „__, \\ 1 \ \ \\\\ \ \ \\\\ /// / �.. / MNDOT 2574 AND 2575. ALL DISTURBED AREAS SHALL BE STABILIZED WITHIN 7 CALENDAR � \\ ��� �/ 6-1218°WI \ \ �✓� �. \ \ I 1 \ \\\\ \\ \ \ \ � �/ a o DAYS AFTER LAND-DISTURBING WORK HAS TEMPORARILY OR PERMANENTLY CEASED. \\\\\\\ \ \ \\\ �' EV 8"CEDAR O 12"-14"WIL _ ,i / ittt,RE3 WIL \\ \ \\\\ \ \ \\ \\\ \ - j� � / // \\ \ \\\ ` \ \\ N .. , 11 / 0D ,,,� f / \ / THE � \ \ \\\\\\\\ \\ \\\ \\\\\\\ \ \\ ✓///� ,' CPO y 7. CONTRACTOR SHALL BE RESPONSIBLE FOR HYDRO-SEEDING ALL DISTURBED GREENSPACE - \ \ \ - . �'DE2-8"WILLOW \\ \\\\ , \ \ \\\ \ \ \\ \ // ' /, AREAS WITH SEED, FERTILIZER (WHERE REQUIRED) AND HYDRAULIC SOIL STABILIZER UNLESS \ \ \ \\ \ �\-� ���C 1 �18"WIL INFILTRATION 1 'TREE m :. \\ \ \ \\ \\ \ \\ \ �� /� / -I l \\ \ \� \ \ \ N - : �� BASIN 2 /�/'\ �\ fir.,,-\ "ON ICE \\ \\\ \ \\\ \\\ \\ \\ \ � �/ ci3 / / NOTED OTHERWISE ON THE PLANS OR AS DIRECTED BY THE ENGINEER. \\\�\ \\\� \ \ \\ \� 4 �� � '\ I EE \ \ \\ \\ \\\ \ \\\ \ \\ \ \\� r��71 ) / rQ • COMMERCIAL TURF SEED MIX SHALL BE MNDOT MIXTURE 25-131 APPLIED AT A RATE OF \\ �- ,�\ -,�\\ \\ N\ •- - - -� INSTALL TRM /', \\ \\ \\\\\\ \\ \\\ \\\\ \�--% /\ '* \ \ I / \ \ \ \\\ \\\\ \\ \ --- uo .i /, 220 LBS/AC (MNDOT 3876). FERTILIZER SHALL BE TYPE 1 COMMERCIAL GRADE, NPK \� INSTALL BOULDERS � A� � � \ AT VERFL W / � \\ \ \ \ \ \ \ \\ � / .'- / $4///c/ �\��� � ,-'I�� O O J \ \ \\\ \\\\\\\ \\\\ �/, I0-10-20 (MNDOT 3881) AND APPLIED AT A RATE OF 60 LBS/AC. v v ALONG CREEK BANK FOR - \ ��� \ � A \\ \� \\\ \NNN \\\\\ \ \\ /\\ \ / • NATIVE SEED MIX SHALL BE MNDOT MIXTURE 35-221 APPLIED AT A RATE OF 36.5 LBS AC \ \ \ o \ / 1 'TREE . \ \ \ \\\ \ \ / o O * OX �- �ydfLANDDELINEA EDBY �. ' \ \\ le // / Ii\ \\ I \ �i� I / ' / (MNDOT 3876). FERTILIZER SHALL BE TYPE 3SLQW-RELEASE, NPK 0-10-20 (MNDOT \ 1 \ \ \ \ AN, 7: ... N I \�\ \\��\ \\\\ \�\ fig\ \ I 1 10 20 \ \\\ \ \ �� / / / �� \� �\ \ ��\ N / I \ � _ \\ --� \ \\\\\\ \ JJ� ,� ,� (r l��j // l� 3881) AND APPLIED AT A RATE OF 60 LBS/AC. \�\ \ \ \\ � ��� \ \ I \ 18° •'TR- \ \ \\\\\\ \ \\\ \ \\ /►- 2�, ///,/ / • NATIVE WETLAND SEED MIX SHALL BE MNDOT MIXTURE 33-262 APPLIED AT A RATE OF \ k >-.\ \ \ \ / \ 1 'Box \ \\r„. \\\\ �i� // I / / ��- E � \9 �'�. \ �► I ( 1 1 \ \ IIV7 P�. D „6 o / \ J// 44 LBS/AC (MNDOT 3876) IN THE INFILTRATION BASIN AREAS. FERTILIZER SHALL BE \\�\\\=�" `'W�. \\ �9\ t g\ \ / / / I \\� � 4. ) �� . / !� / / /// li TYPE 3 SLOW-RELEASE, NPK 0-10-20 (MNDOT 3881) AND APPLIED AT A RATE OF 60 \ .� O\ G 9Q \\ I I \ \S 76 46 ,•• / // \\\�,� ;� \ oo -> " An \ 41" .� \\Ss () \ / 1 l \ \ \ \\\\\ r �J // 1/ /. / // LBS/AC. \ \ \ 11 RIE , i\ / M ^•l t � 4 \ �0 E 1 \ \ \\ I \ �, // ¢ / „ NATIVE WETLAND BUFFER SEED MIX SHALL BE MNDOT MIXTURE 35 241 APPLIED AT A \ \ \ \\ \ :\ 1 \ w I "TREE \ I ` ' �/ / / \\ \ \ \\ \\\ ` NEW ' k \ // lf / RATE OF 36.5 LBS/AC (MNDOT 3876). NO FERTILIZER SHALL BE USED IN THIS AREA. � �\ \\\ \ \ STORM , \ \ I7:r.0- I IA IC // / /// / // 7 • HYDRAULIC SOIL STABILIZER SHALL BE TYPE HYDRAULIC MULCH MNDOT 3884.2 B.2 \\\\\ 0009 ' 10"TREE \\ I N X .XI ' vj�/ / / /// l 1 II ( ) \ 1 0„„$„,,A N.., .,7‘,‘v 14"BDxI r�. I �.� / / APPLIED AT A RATE F 21 LB AC. � \ % .� `, I SATIO ?' // / //////1/IO00S/ @\ l /A 01 1 ` 1\ \\ \ \ j 1 ' I I 7 / 4 ,' / l ( I I I 6. IF WEATHER CONDITIONS DO NOT ALLOW FOR THE PLACEMENT OF THE SEED AS DETERMINED �� II' ,� I 1 I I I / >•j 1 \ BY THE ENGINEER THE CONTRACTOR SHALL APPLY TYPE B.2 HYDRAULIC MULCH MNDOT 3884/ _ _ JJ ig 1 / I ;.69 / • \ TO ALL DISTURBED AREAS APPLIED AT A RATE OF 2100 LBS/AC. AFTER APRIL 15 OR AFTER THE / `�I 'r� / lfl I O� 1 I �� \ 10"CED -� ' N 75.57) leaf/ *a. % 'v/ ' • iiitfi. k \ \ \ •I \\k„scr. I 1► o o' �� \ 15 o "✓✓ I \ \ \ \ SPRING SNOWMELT, WHICHEVER IS LATER, THE CONTRACTOR SHALL THEN PLACE THE SEED 1 1 "TREE / r II I \ \ AND FERTILIZER AS SHOWN. I 'O 1 ' 1 \ ` �_ / 20" (• :TCOT , •I 77 .., I �� ��/ �/ II \ \\\ \ \ \I I I 1 ,, ` \ \ IAl \ \ \ cB2 3 . p J Iv. ( 1 \ \ \ \ \ I �8 " 1V / S.. / • . V\\\\ \ \ 7. INSTALL TURF REINFORCEMENT MAT TRM ATE CATEGORY (MNDOT 2 B. AT ALL CURB I I I \ \\\ e��� ,���� lo�\ \ \ \ ►^-"h. \ 15"TR E �" ///I/ J .,!� \� \\\ \\ S U ( ), C GO 3 ( O 3885 5)\ \ \ , � tki\\ \ \ I \ ( r I /- � \ \\ I CUTS AND EXTEND TRM TO BOTTOM OF BASINS AS SHOWN. 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(rN 759.9�) A / ( \ \ \ \ V \g I\ ' \ \� \ � \ �\\ \ \\ CURB CUT CB1 \ _ \ \ \ \ \ CALL BEFORE YOU DIG ! � i N 'o� � co I \ \\\\\\\ \ \ \\\\ \ \ MINNESOTA LAW REQUIRES EXCAVATORS TO NOTIFY 15�FE 809 s it _ / oTci, o a pcn Q, 1 a, co Nco \ \ \ \ \\\ \\ \ \ \ Scale in feet ai \ rnr\ BI co D•IVE o GO 1 n \ \ \ THE REGIONAL NOTIFICATION CENTER AT LEAST TWO - rn \ �� �� \ l / I Ao o t I \ \ \ \ \\ \\ (2) BUSINESS DAYS BUT NOT MORE cyi \ / --��� �_ -� / INFILTRATION ` - \ i �I IIP�' \\\ \\ \ \ THAN FOURTEEN (14) CALENDAR DAYS 0 50 100 150 \ \ \ C \ \ \ \ \ \ \ / \ \ \ \\ / n PRIOR TO EXCAVATION - \ \ \ - � - \ \� \ \ \ BASIN 1 RIM 7756 _ `\ ( i i 1 I I I \\ \ \ �� � �\ \ \ \\\ \ \\ \ J3 \� \ \ \\\ \\ \ I II I 1 \ \ \ \ GOPHER STATE _ - - - _ � _ ` � -� � .\\\ \\\. �� l 1 l \ \\\ \ , \ �.\. \ \, �� �\\\\\\\ ( 1 ' III!iIIIIII \ \ \ \.\ \ PRELIMINARY NOT �1 J ONE CALL `I 1,J) www.gopherstateonecall.org1166 FOR CONSTRUCTION 0 11 1-800-252- M C lProject No. 14-079 Date Issues/Revisions I hereby certify that this plan, specification or GRADING DRAINAGE AND SHEET 1 Q �7 STATE AID PROJECT NO.T 02-23-15 PRELIMINARY CITY REVIEW report was prepared by me or under my direct pEngineering • Surveying Drawn by HTPO supervision and that I am a duly Licensed STATE PROJECT NO. EROSION/SEDIMENT CONTROL PLAN ( Landscape Architecture Professional Engineer under the laws of the of Design by HTPO COUNTY PROJECT NO. State of Minnesota. o Checked by XXX CITY PROJECT NO. xx-xxxx CEDAR HILLS PARK HANSEN THORP PELLINEN OLSON, Inc. 5 s I 7510 Market Place Drive• Eden Prairie,MN 55344 Adam Pawelk X SHEETS w Lj w 952-829-0700 . 952-829-7806fax CLIENT PROJECT NO. EDEN PRAIRIE, MINNESOTA LA g 1 1 1 Lic. No. 49990 Date: 1 1 1