Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City Council - 09/06/2016
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 6, 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. DESIGN STANDARDS Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 6, 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. EDEN PRAIRIE WOMEN OF TODAY PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,AUGUST 16, 2016 B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 16, 2016 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERKS LICENSE LIST B. WHITETAIL BLUFF by Premium Construction. Second Reading of Ordinance for Zoning District Change from Rural To R1-13.5 on 2.48 Acres. Location: 10065 Eden Prairie Rd. (Ordinance for Zoning District Change) C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 11.35, TO ADD SCHOOLS AS A PERMITTED USE IN THE PUBLIC ZONING DISTRICT D. APPROVE AMENDMENTS TO LEASE AGREEMENTS WITH METROPOLITAN AIRPORTS COMMISSION FOR FLYING CLOUD BALL FIELDS E. AWARD CONTRACT FOR SIDEWALK PROJECTS TO MIDWEST ASPHALT CITY COUNCIL AGENDA September 6, 2016 Page 2 F. AWARD CONTRACT FOR STARING LAKE OUTDOOR CENTER TRAIL CONSTRUCTION TO BITUMINUS ROADWAYS G. ADOPT RESOLUTION APPROVING RENEWAL OF LEASE WITH SPRINT FOR 8950 EDEN PRAIRIE RD. H. ADOPT RESOLUTION REQUESTING HENNEPIN COUNTY AND MNDOT CONDUCT SPEED STUDY FOR CSAH 1 I. DECLARE PROPERTY AS SURPLUS J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING FOR FIRE STATION 2 WATER REUSE PROJECT K. ADOPT LOCAL WATER MANAGEMENT PLAN UPDATE AND APPROVE SUBMITTAL TO WATERSHED DISTRICTS AND METROPOLITAN COUNCIL L. DECLARE LAWN MOWER#103 AS SURPLUS AND AUTHORIZE PURCHASE OF REPLACEMENT MOWER M. AUTHORIZE PURCHASE OF NEW SQUAD CAR N. APPROVE LOAN AGREEMENTS FOR FLYING DUTCHMAN SPIRITS O. APPROVE THIRD AMENDMENT TO LEASE AGREEMENT WITH SUPERVALU INC. FOR SPACE AT EDEN PRAIRIE CITY CENTER IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF ORDINANCE CHANGING ZONING DISTRICT FROM RURAL TO PUBLIC—CEDAR RIDGE ELEMENTARY SCHOOL B. FIRST READING OF ORDINANCE CHANGING ZONING DISTRICT FROM RURAL TO PUBLIC—OAK POINT ELEMENTARY SCHOOL C. FIRST READING OF ORDINANCE CHANGING ZONING DISTRICT FROM RURAL TO PUBLIC—EDEN LAKE ELEMENTARY SCHOOL D. FIRST READING OF ORDINANCE CHANGING ZONING DISTRICT FROM RURAL TO PUBLIC—FOREST HILLS ELEMENTARY SCHOOL E. FIRST READING OF ORDINANCE CHANGING ZONING DISTRICT FROM RURAL TO PUBLIC—HENNEPIN TECHNICAL COLLEGE X. PAYMENT OF CLAIMS CITY COUNCIL AGENDA September 6, 2016 Page 3 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Adopt Resolution Certifying Proposed 2017 Property Tax Levy, Accepting Proposed Budget for 2017, and Consenting and Approving 2017 HRA Levy C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: September 6, 2016 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, September 6, 2016 TUESDAY, SEPTEMBER 6, 2016 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name,phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. HRA MEETING HRA I. ROLL CALL/CALL THE HRA MEETING TO ORDER HRA II. APPROVE MINUTES OF HRA MEETING HELD ON JULY 19, 2016 HRA III. ADOPT RESOLUTION TO APPROVE PROPOSED 2017 PROPERTY TAX LEVY TO BE $200,000 AND ACCEPT PROPOSED 2017 BUDGET OF $200,000 Synopsis: Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. The HRA must adopt a proposed net property tax levy by September 15 and certify it to the county auditor. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of taxable market value. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs with the City.vThe limit for the City of Eden Prairie is approximately$1.7 million. MOTION: Move to adopt the resolution to approve the proposed 2017 property tax levy to be $200,000 and accept the proposed 2017 budget of $200,000. HRA IV. ADJOURNMENT MOTION: Move to adjourn the HRA. ANNOTATED AGENDA September 6,2016 Page 2 COUNCIL MEETING IV. PROCLAMATIONS / PRESENTATIONS A. EDEN PRAIRIE WOMEN OF TODAY PROCLAMATION Mayor Tyra-Lukens will read and present the proclamation. A representative of Eden Prairie Women of Today will attend to accept the proclamation and say a few words. 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, AUGUST 16, 2016 B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 16, 2016 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-O on the Consent Calendar. A. CLERKS LICENSE LIST B. WHITETAIL BLUFF by Premium Construction. Second Reading of Ordinance for Zoning District Change from Rural To R1-13.5 on 2.48 Acres. Location: 10065 Eden Prairie Rd. (Ordinance for Zoning District Change) C. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11, SECTION 11.35, TO ADD SCHOOLS AS A PERMITTED USE IN THE PUBLIC ZONING DISTRICT D. APPROVE AMENDMENTS TO LEASE AGREEMENTS WITH METROPOLITAN AIRPORTS COMMISSION FOR FLYING CLOUD BALL FIELDS E. AWARD CONTRACT FOR SIDEWALK PROJECTS TO MIDWEST ASPHALT F. AWARD CONTRACT FOR STARING LAKE OUTDOOR CENTER TRAIL CONSTRUCTION TO BITUMINUS ROADWAYS ANNOTATED AGENDA September 6,2016 Page 3 G. ADOPT RESOLUTION APPROVING RENEWAL OF LEASE WITH SPRINT FOR 8950 EDEN PRAIRIE RD. H. ADOPT RESOLUTION REQUESTING HENNEPIN COUNTY AND MNDOT CONDUCT SPEED STUDY FOR CSAH 1 I. DECLARE PROPERTY AS SURPLUS J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING FOR FIRE STATION 2 WATER REUSE PROJECT K. ADOPT LOCAL WATER MANAGEMENT PLAN UPDATE AND APPROVE SUBMITTAL TO WATERSHED DISTRICTS AND METROPOLITAN COUNCIL L. DECLARE LAWN MOWER#103 AS SURPLUS AND AUTHORIZE PURCHASE OF REPLACEMENT MOWER M. AUTHORIZE PURCHASE OF NEW SQUAD CAR N. APPROVE LOAN AGREEMENTS FOR FLYING DUTCHMAN SPIRITS O. APPROVE THIRD AMENDMENT TO LEASE AGREEMENT WITH SUPERVALU INC. FOR SPACE AT EDEN PRAIRIE CITY CENTER IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF ORDINANCE CHANGING ZONING DISTRICT FROM RURAL TO PUBLIC—CEDAR RIDGE ELEMENTARY SCHOOL Official notice of this public hearing was published in the August 25, 2016,Eden Prairie News and sent to 158 property owners. Synopsis: The rezoning request will address a housekeeping matter regarding the City Code and prior approvals by the City of Eden Prairie. In summary, the proposed rezoning, if approved, will bring the existing school into compliance with the City Code and with the Comprehensive Plan. No new development or expansions are being proposed with this request. 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 definition of"public infrastructure" did not include schools. The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Now that city staff is aware of this issue, we are working to remedy the situation by proposing that schools be added as a permitted use in the Public district and rezoning of school properties to the Public district. ISD 272 owns multiple ANNOTATED AGENDA September 6,2016 Page 4 properties within the City. Of those properties, 3 are currently zoned Public and the remaining 4 sites are proposed for rezoning from Rural to Public. The adopted Comprehensive Plan guides this property for Public use; therefore, the rezoning request is in compliance with the Comprehensive Plan. The Planning Commission voted 7-0 to recommend approval of the project at the Aug. 8, 2016, meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural District (R) to Public District (PUB) on 23.19 acres. B. FIRST READING OF ORDINANCE CHANGING ZONING DISTRICT FROM RURAL TO PUBLIC—OAK POINT ELEMENTARY SCHOOL Official notice of this public hearing was published in the August 25, 2016,Eden Prairie News and sent to 171 property owners. Synopsis: The Planning Commission voted 7-0 to recommend approval of the project at the Aug. 8, 2016, meeting. MOTION: Move to • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural District (R) to Public District (PUB) on 23.05 acres. C. FIRST READING OF ORDINANCE CHANGING ZONING DISTRICT FROM RURAL TO PUBLIC—EDEN LAKE ELEMENTARY SCHOOL Official notice of this public hearing was published in the August 25, 2016,Eden Prairie News and sent to 116 property owners. Synopsis: The Planning Commission voted 7-0 to recommend approval of the project at the Aug. 8, 2016, meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural District (R) to Public District (PUB) on 13.38 acres. ANNOTATED AGENDA September 6,2016 Page 5 D. FIRST READING OF ORDINANCE CHANGING ZONING DISTRICT FROM RURAL TO PUBLIC—FOREST HILLS ELEMENTARY SCHOOL Official notice of this public hearing was published in the August 25, 2016,Eden Prairie News and sent to 16 property owners. Synopsis: The Planning Commission voted 7-0 to recommend approval of the project at the Aug. 8, 2016, meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural District (R) to Public District (PUB) on 2.97 acres. E. FIRST READING OF ORDINANCE CHANGING ZONING DISTRICT FROM RURAL TO PUBLIC—HENNEPIN TECHNICAL COLLEGE Official notice of this public hearing was published in the August 25, 2016,Eden Prairie News and sent to 344 property owners. Synopsis: The Planning Commission voted 6-1 to recommend approval of the project at the August 8, 2016, meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural District (R) to Public District (PUB) on 104.38 acres. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Adopt Resolution Certifying Proposed 2017 Property Tax Levy, Accepting Proposed Budget for 2017, and Consenting and Approving 2017 HRA Levy ANNOTATED AGENDA September 6,2016 Page 6 Synopsis: Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed net property tax levy by September 30 and certify it to the county auditor. In addition, the City Council must accept a proposed budget for the coming year. The City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and levy will be discussed and public testimony taken. The Council must adopt a final tax levy and budget by December 28. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. MOTION: Move to adopt the resolution that: I • Certifies the proposed 2017 property tax levy to be $35,711,841; and • Sets December 6, 2016, as the meeting which will include discussion of the budget and provide for public comment; and • Accepts the proposed 2017 budget of $47,130,983; and • Consents and approves the HRA tax levy of $200,000. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, SEPTEMBER 6, 2016 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Ron Case, Sherry Butcher Wickstrom, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Julie Klima, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL /CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON JULY 19, 2016 III. ADOPT RESOLUTION TO APPROVE THE PROPOSED 2017 HRA PROPERTY TAX LEVY TO BE $200,000 AND ACCEPT THE PROPOSED 2017 HRA BUDGET OF $200,000 V. ADJOURNMENT UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,JULY 19, 2016 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE HRA MEETING TO ORDER Chair Tyra-Lukens called the meeting to order at 7:04 PM. Council Member Case was absent. II. APPROVE MINUTES OF HRA MEETING HELD ON JUNE 14, 2016 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the HRA meeting held June 14, 2016. Motion carried 4-0. III. ADOPT RESOLUTION HRA NO. 2016-02 APPROVING AMENDMENT 3 TO HOUSING PROJECT AGREEMENT AND AUTHORIZING EXECUTION BY CHAIR EXECUTIVE DIRECTOR Getschow said this item will also be on tonight's City Council agenda. The TIF plan is being modified to increase the budget in the plan in order to accommodate developer repayments and to allow the city to use those funds for affordable housing within the City. TIF District 14 was funded in 1997 to facilitate construction of 32 townhomes, known as Edenvale townhomes. Aho asked about the amount that is involved. Getschow replied they expect $180,000- $200,000. MOTION: Nelson moved, seconded by Aho, to adopt Resolution HRA No. 2016-02 approving the TIF Plan modification for Tax Increment Financing District No. 14 (Edenvale Townhome Project). Motion carried 4-0. IV. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Nelson, to adjourn the HRA meeting. Motion carried 4-0. Chair Tyra-Lukens adjourned the HRA meeting at 7:07 PM. HOUSING AND REDEVELOPMENT AUTHORITY DATE: AGENDA September 6, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: HRA ITEM NO.: III. Office of the City Manager/ Resolution approving the proposed 2017 Finance, Sue Kotchevar HRA property tax levy and accepting the proposed 2017 budget Requested Action Move to: Adopt the resolution to approve the proposed 2017 property tax levy to be $200,000 and accept the proposed 2017 budget of$200,000. Background Information Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. The HRA must adopt a proposed net property tax levy by September 15 and certify it to the county auditor. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of taxable market value. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs with the City. The limit for the City of Eden Prairie is approximately$1.7 million. Attachment Resolution HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA H.R.A. RESOLUTION NO. 2016- A RESOLUTION APPROVING THE HRA PROPOSED 2017 PROPERTY TAX LEVY AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS WHEREAS,the Housing and Redevelopment Authority of the City of Eden Prairie has reviewed the proposed 2017 budget and tax levy; and WHEREAS,the Housing and Redevelopment Authority has decided to accept these recommendations. NOW, THEREFORE,BE IT RESOLVED that the Housing and Redevelopment Authority: 1. Approves the following proposed taxes on real and personal property within the City of Eden Prairie for the 2017 budget contingent upon City Council approval. Levy on Tax Capacity $200,000 2. Approves the 2017 proposed budget totaling $200,000 at this time. ADOPTED by the Housing and Redevelopment Authority on September 6, 2016. Nancy Tyra-Lukens, Chairperson SEAL ATTEST: Rick Getschow, Executive Director CITY COUNCIL AGENDA DATE: SECTION: Proclamations &Presentations September 6, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.A. Office of the City Manager Women of Today Proclamation Requested Action No formal action is requested. A representative of the group will be on hand to accept the proclamation and say a few words. Synopsis According to Ruth Holewinski, Vice President of Marketing and Communications for Eden Prairie Women of Today: The Minnesota Women of Today is a dynamic and diverse women's organization interested in the betterment of our communities. We are not politically or religiously affiliated. We are women from various backgrounds, communities and life experiences. We are working women, homemakers, mothers and grandmothers, married and single women. We are women who want to make our communities a better place for all of us to live, and achieve our own personal and professional growth. Plus, we volunteer our time, raise funds for charities, and provide informational seminars that are open to the public. Our members choose the projects they want to participate in, given their interest and time availability. Members can be as involved as they want to be. We are also interested in bettering ourselves and having fun. We have speakers attend our meetings, challenge ourselves to improve our communication skills, gather to develop new talents and plan social events. The wide range of opportunities that Women of Today offers is one of the elements that make it unique. There is something for every woman and new ideas are always welcome. Attachment Proclamation PROCLAMATION Women of Today Week WHEREAS,Minnesota Women of Today set aside the week of September 18 —24, 2016, to recognize the many community service activities of dedicated Women of Today chapters across the state and throughout the country; and WHEREAS,Eden Prairie Women of Today is one of the 63 chapters in Minnesota; and WHEREAS,Eden Prairie Women of Today is dedicated to actively promoting and supporting public awareness and service programs of organizations and foundations such as Eden Prairie Community Foundation, People Reaching Out to People, Shreya R. Dixit Memorial Foundation, Project Linus, Breaking Free, The Bridge for Youth Homeless Shelter and more, as well as financially supporting local area youth initiatives, scholarships and other charitable causes; and WHEREAS,Eden Prairie Women of Today provides personal enrichment and leadership training opportunities for members of all ages; and WHEREAS,Eden Prairie Women of Today has been active for 13 years while Minnesota Women of Today has been a vital part of this state for the past 66 years; and WHEREAS,Women of Today is "united by our friendship and belief in the future." NOW, THEREFORE,the City Council of the City of Eden Prairie does hereby proclaim the week of September 18, 2016, as WOMEN OF TODAY WEEK in the City of Eden Prairie, Minnesota. .*,,4.k....__ Nancy Tyra-Lukens,Mayor ITEM NO.: VI.A. UNAPPROVED MINUTES 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 TREES Bourne and Klima presented proposed updates to tree policies based on Council discussion at the May 24 workshop. Getschow referred to a handout with five scenarios for discussion. Scenario Current Process Residential Homeowner improvements to private Tree removal is exempt from replacement property(i.e. fence,garden,play court) Residential General tree removal(undesirable Must follow tree replacement.Enforced on a species,location,etc.) complaint basis which can be difficult to determine replacement needed. Commercial Vacant,undeveloped sites that are unable Staff works with developer to include as many to realistically meet the tree replacement trees as feasible and increase size of trees requirements at the time of development planted.A variance or waiver is requested for (Franlo/Prairie Center Drive site;EP amount not met. Senior Living); Commercial Developments with large landscape and Staff works with management company to replacement requirements that are not maintain trees required for screening;meet maintainable in long term(Hennepin code requirements or removal amounts;and Village); relocate tree replacements to more appropriate locations Commercial Developments that install the exact Replaced on a one-to-one basis' amount of caliper inches required.As trees mature the caliper inches provided on site increases beyond the amount required by the approval.When a required tree is removed for maintenance,it is subject to replacement requiring caliper inches beyond the amount required by the development approvals. City Council Workshop Minutes August 16, 2016 Page 2 Bourne said current City policies contain discrepancies on how tree replacement is handled for private properties. According to current City Code, removal of four 12-14"pines would require replacement with 21 trees. Getschow asked the Council Members if they are comfortable with this policy. Council Member Aho said he believes private property is private property, and the City should not interfere with property owners' rights. Council Member Nelson said she agrees up to a point. She said provisions have to be made for lakefront properties or steep slopes with potential erosion control issues. Lotthammer said they City has aggressive restoration requirements in environmentally sensitive areas. Nelson said rules need to be very clear and residents need to be educated about what is and is not allowed. Council Member Case said he agrees the rules need to be clear but he fears there will be clear cutting in anticipation of future residential development. He said undeveloped land is in a different category. Mayor Tyra-Lukens said trees that were planted as part of a landscape plan are of concern. Bourne said trees that are part of a developers agreement are guaranteed for a year. Case said once a tree grows very large, it should not have to be replaced by many smaller trees. Case said replacing a tree with a tree, instead of by caliper inch is more feasible. Nelson said there should be room for getting rid of trees for a purpose. Mayor Tyra-Lukens said she does not think the City's policy should be so punitive. Klima said that some sites that are zoned commercial but have been vacant for a long time contain trees from border to border, making it difficult for potential developers to meet the City's tree replacement requirements. Mayor Tyra-Lukens asked if there is a way to discourage clear cutting so that at least some trees can be saved. Klima said staff works with developers to save trees of significance though a negotiation process. Case said maybe the 133 percent replacement requirement does not make sense in a fully developed city. He suggested collecting fees from developers who remove trees beyond what is allowed and using those dollars to plant trees in the City's parks. Case would like to see commercial owners held to the terms of their developers/landscape agreements. Nelson asked if staff has created a policy for"heritage trees." She said the policy should be crafted so it does not include too many trees, but healthy trees of significance should be retained. Getschow asked if the Council wants the policy to protect specific trees of certain sizes regardless of whether they are on residential or commercial property. Tyra-Lukens said the size of a tree being designated as a heritage tree would depend of the type of tree. Case said care needs to be taken as some older trees that seem healthy can be ant-infested or diseased without appearing so. City Council Workshop Minutes August 16, 2016 Page 3 II. SUSTAINABLE EP Brian Ross of Great Plains Institute gave a presentation on Sustainable EP. Ross said he is assisting the City in developing overarching post-20-40-15 sustainability initiatives and creating a sustainability chapter for the Comp Plan update. Ross said several areas of sustainability have been identified as priorities for the community. Those are: • Clean energy and energy efficiency • Groundwater protection and water conservation • Solid waste reduction and management • Enhancement of pollinator habitat The plan for Sustainable EP initiatives involves three steps: • Identifying existing conditions (benchmarks and inventory) • Agreeing on desired conditions (targets and goals) • Developing strategies to move toward desired conditions Ross provided examples of possible action steps for each area of focus. Clean Energy and Efficiency—Increase participation in utility energy efficiency programs and energy financing programs (GESP, PACE); work with utilities and other entities to create new programs; work to increase participation in renewable energy programs; remove barriers to investment in local energy resources. Groundwater Protection and Management—Increase participation in conservation programs; create new programs that address peak water use; evaluate new rate designs that create value propositions for conservation investment; develop rainwater harvesting pilots at city facilities and local institutions; develop water budget process for new development. Solid Waste Reduction and Management—Investigate the structural market barriers to greater recycling and waste reduction participation by Eden Prairie businesses. Enhance Natural Habitat for Pollinators—Assess large-scale opportunities for pollinator habitat creation; identify underdeveloped or difficult to develop sites and establish acreage goal to increase habitat on public properties. Nelson suggested creating pollinator sites on outlot parcels the City owns. Lotthammer said he and Matt Bourne have been identifying other City sites, such as well houses, amenable to pollinator friendly plantings. Butcher Wickstrom said these might be good projects for volunteers to work on. Audience member Ashley Young said she is a member of the Conservation Commission. She said increasing pollinator areas is a focus of the commission and she is certain its members would be happy to help with these types of projects. Nelson City Council Workshop Minutes August 16, 2016 Page 4 asked if packets of wildflower seeds could be used as a giveaway at the Citywide Open House in October. Getschow asked for Council input on the four proposed areas of focus for Sustainable EP. Tyra-Lukens said she agrees with these areas of focus. Aho encouraged gathering and maintaining as many metrics as possible. He said some areas are more subjective than others, but he would like to see attainable goals set. Tyra-Lukens asked if Hennepin County is looking at adding more sites for organics collection. Ross said he believes the County is looking at adding sites. Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,AUGUST 16, 2016 7:00 P.M., CITY CENTER Council Chambers 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 Jodie Fenske I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:02 p.m. 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 No. 2016-88) Lotthammer stated 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 toward the installation of the trail. Additional funding is available to complete the project. A portion of the work could begin in fall 2016 with the remainder of the project to be completed in spring 2017. MOTION: Case moved, seconded by Aho, to adopt Resolution No. 2016-88 accepting the donation of$8,500 from Grand Haven at Marsh Cove Homeowners Association for nature trail improvements. Motion carried 5-0. B. ACCEPT DONATION FROM CHRISTOPHER STERNTHAL TOWARDS THE VETERAN'S MEMORIAL (Resolution No. 2016-89) Lotthammer stated City staff recently met with Christopher Sternthal, an Eden Prairie High school graduate and current Eden Prairie resident who also CITY COUNCIL MINUTES August 16, 2016 Page 2 participates in the Minnesota Chapter of Pokemon Go. Mr. Sternthal offered suggestions to best request participants be respectful of the site. He recognized the impact being made to Purgatory Creek Park and wanted to help make improvements with a donation for park maintenance. MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2016-89 accepting the donation of$200 from Christopher Sternthal toward the Veterans Memorial. Tyra-Lukens inquired and Lotthammer confirmed the donation would go toward the fund for maintenance of the Veterans Memorial. Nelson commented it was good to see more people out in our parks. VOTE ON THE MOTION: Motion carried 5-0. C. ACCEPT DONATION FROM TEAM FOXJET TOWARD AQUATIC CENTER ADDITION (Resolution No. 2016-90) Lotthammer stated Team Foxjet has been an important part of the planning, fundraising, construction and use of the Community Center aquatics facility addition. They have continued to work hard towards raising the $500,000 they pledged for the addition. He introduced Team Foxjet Board member Brandon Thornton who has spearheaded the fundraising efforts for the current donation of $82,000. Mr. Thornton thanked the Council for their support of the aquatics center and noted the additional donation was a result of continued fundraising efforts. He reported the team recently hosted the Midwest Achievement Championship meet and received very positive feedback about the facility from parents attending from southwest Minnesota. These visitors also patronized Eden Prairie hotels, restaurants and businesses during their stay. Tyra-Lukens thanked Mr. Thornton for the contribution and asked if the team has experienced a positive impact from the expansion. Mr. Thornton responded the team has experienced a 10 percent increase in membership in the past year. MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2016-90 accepting the donation of$82,000 from Team Foxjet toward the Aquatic Center addition. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JULY 19, 2016 CITY COUNCIL MINUTES August 16, 2016 Page 3 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the minutes of the Council workshop held Tuesday, July 19, 2016, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,JULY 19, 2016 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, July 19, 2016, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 15-2016 AMENDING CITY CODE CHAPTER 11 RELATING TO TRANSIT ORIENTED DEVELOPMENT (TOD)AND ADOPT RESOLUTION NO. 2016-91 APPROVING PUBLICATION OF SUMMARY ORDINANCE C. APPROVE SECOND READING OF ORDINANCE NO. 16-2016 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 CITY COUNCIL MINUTES August 16, 2016 Page 4 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 NO. 2016-92 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. MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-O on the Consent Calendar. Getschow noted Mayor Tyra-Lukens was given a letter that accompanies one of the items from Liberty Property Trust to be on the record for approval of second reading of the TOD ordinance (Item VIII.B.). He added that the items listed are A-O, not A-P, as indicated on the Annotated Agenda. VOTE ON THE MOTION: Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION NO. 2016-93 VACATING PUBLIC DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS THAT PART OF LOTS 6 AND 7, BLOCK 1, BELLERIEVE Getschow said 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 and driveway over the existing lot line and drainage and utility easements. In order to accommodate the construction of the permanent landscape structure, the adjoining drainage and utility easements need to be vacated. Getschow said 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. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the Public Hearing, and to adopt Resolution No. 2016-93 vacating the public drainage and utility easements lying over, under and across that part of Lots 6 and 7, Block 1, Bellerieve. CITY COUNCIL MINUTES August 16, 2016 Page 5 Motion carried 5-0. 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 Getschow said official notice of this public hearing was published in the August 4, 2016, Eden Prairie News. He explained that before 2010 the City Code included public facilities as a permitted use in all zoning districts. 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 an issue of 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 a definition of public schools and 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 schools. The code amendment, if approved, would bring existing school properties that are zoned Public into conforming status. As a subsequent step, Staff has initiated the rezoning of the appropriate school properties to the Public Zoning District. Upon approval, the Public Zoning District would bring those properties into conformance with the Comprehensive Plan. At its July 11, 2016, meeting, the Planning Commission voted 7-0 to recommend approval of the text amendment, subject to the information in the staff report dated July 6, 2016. Getschow said a second reading of this ordinance will be scheduled for the Council's September 6, 2016, meeting. The Council will also be asked to take action to rezone the other school sites at that meeting. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the Public Hearing, and to 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. Motion carried 5-0. X. PAYMENT OF CLAIMS CITY COUNCIL MINUTES August 16, 2016 Page 6 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher Wickstrom, Case,Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 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 Lotthammer provided a brief history of the Cedar Hills Park site. This park location was selected in 2002, and, in 2003, the park became a part of the final agreement with the MAC for expansion of Flying Cloud Airport. Part of the agreement states the City of Eden Prairie can use the site forever as park property. This is a use agreement at no cost to us and is not a lease agreement. After the MAC received FAA approval to sign the agreement, the City was able to proceed with plans and held neighborhood meetings to receive valuable input. A conceptual design had been in place since 2002 because that was required as part of the final agreement with the MAC. The area near the park is undergoing rapid housing development, and the park will serve the new residents of the area. For years the area has been referred to as the City's last neighborhood park. Lotthammer stated the proposed park would be located on the south end of the 30-acre site and would include a parking lot, open field with backstop, play structure,basketball court, a large turf open space and both paved and nature trails. Lotthammer said the need to respect the natural land where the creek flows and also to provide a buffer from the wetlands became obvious during meetings with the Park and Recreation, Conservation, and Historic Preservation Commissions. Input received from the State Historic CITY COUNCIL MINUTES August 16, 2016 Page 7 Preservation Society regarding a theme was to focus on the pioneer side of Eden Prairie. This theme works well since the site is close to the river corridor and early settler, pioneer and Native American encampment sites. He went on to show renderings of brown, tan and green pioneer-themed play structures that would blend in well with the natural background. Lotthammer said there are three items on tonight's agenda dealing with the park: awarding the contract for park development; an agreement with Hansen Thorp Pellinen Olson, Inc. (HTPO) for construction administration; and a maintenance agreement with the Riley-Purgatory- Bluff Creek Watershed District. Regarding the first item to award the contract, specifications for the construction work were prepared by the City's consultant, HTPO, and the City received bids from nine contractors. Staff and the consulting engineer recommend the contract be awarded to Minger Construction Co., Inc. The project is anticipated to begin this fall and to be completed next summer. Aho inquired about the number of trees that would need to be removed. Lotthammer responded some trees in the two-acre open field would need to be removed to prepare the flat play area and open grass field. Butcher Wickstrom commented the park concepts are perfect for Eden Prairie, and she liked the idea the park would fit in with the natural environment. She inquired about the contractor being used for the play structures. Lotthammer responded Landscape Structures Inc., a Minnesota- based company, would be the play structure vendor. He noted we have used them in the past. The City has not used Minger Construction for our parks,but HTPO has used them several times with positive experience. MOTION: Nelson moved, seconded by Aho, to award the contract for Cedar Hills Park development to Minger Construction Co., Inc. in the amount of $892,992.50. Motion carried 5-0. 2. Approve Professional Services Agreement with HTPO for Construction Administration of Cedar Hills Park Project Lotthammer stated 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. MOTION: Aho moved, seconded by Case, 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. Motion carried 5-0. 3. Approve Maintenance Agreement with Riley Purgatory Creek Watershed District for Cedar Hills Park CITY COUNCIL MINUTES August 16, 2016 Page 8 MOTION: Butcher Wickstrom moved, seconded by Case, to authorize entering into a maintenance agreement for buffer areas, water crossing and storm water facilities at Cedar Hills Park with Riley Purgatory Bluff Creek Watershed District. Tyra-Lukens asked if this is something new required by the watershed district. Lotthammer replied the watershed district adopted new rules last year. Part of those rules include a requirement to enter into such agreements. It is the City's obligation to do maintenance on storm ponds and other features as part of the watershed district's oversight and approval for development. He noted staff is working on a master agreement, but until such an agreement is approved, each project must be considered on an individual basis. VOTE ON THE MOTION: Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF 1. Recreational Fires Tyra-Lukens introduced Fire Chief George Esbensen and invited him to report on the Council's request for research into recreational fires. Chief Esbensen stated staff surveyed fire marshals statewide to compare other cities' recreational fire rules, regulations, and ordinances. He provided background on the City's current fire guidelines which include the fire being at least 25 feet from structures or any combustibles, a means of extinguishment needs to be nearby, the size of fire cannot be more than 3 feet by 3 feet by 3 feet, winds must be less than 15 miles per hour, and the fire needs to be constantly monitored. Recreational fires are not meant to be a way to get rid of yard waste. Permissible times are 7 a.m. to midnight and when the fire danger is at or below the category of"High." Chief Esbensen noted the City is in compliance with the State Fire Code. He added we do have a location exception for portable screened fireplaces if they are kept at a safe place and distance from structures and are located on hard pavement or bare ground. Chief Esbensen provided results of the survey indicating the City is in line with other cities in the metro and greater Minneapolis area. Eden Prairie does not require a permit, but does provide guidelines to be printed and onsite during a recreational fire. Most cities in the Metro area do not require permits. Two of 15 cities require a nominal fee for a permit and two others require an inspection in order to get a permit. Staff's research concluded our CITY COUNCIL MINUTES August 16, 2016 Page 9 permissible times, spacing rules, burning materials, and fire size are quite common and in-line with other cities' requirements. Case inquired about branch size permitted. Esbensen responded rules indicate no smaller than a 3" diameter and specify no grass, leaves, or painted wood. Case then asked about burning green wood or small branches attached to larger wood pieces. Esbensen responded those would be primarily pine branches, which would not be allowed. He noted City staff primarily responds to complaints, and staff would tell people to trim small branches from the 3"branch. Tyra-Lukens inquired how residents would know they need to have guidelines printed without permits being required. Esbensen responded our website specifically states residents must have a printed copy of guidelines on hand. Tyra-Lukens then asked about the number of calls received regarding recreational fires. Chief Esbensen responded fewer than 20 calls per year are received, and they are typically in spring and fall when people are using fires to burn leaves. Tyra-Lukens stated the complaints she receives regarding fires are often in regard to frequency. She asked if any cities have regulations on frequency of recreational fires. Esbensen stated he was not aware of any He added many complaints come days later, and the Department encourages residents to call immediately so the 911 center can respond and educate the offenders. Mayor Tyra-Lukens stated her appreciation of the research and thanked Esbensen and his staff for the report. H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:40 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 6, 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 Raffle Organization: International School of MN Parent Organization Place: International School Date: September 24, 2016 Temporary Liquor Organization: Eden Prairie Lions Club Event: Ribbon Cutting Date: Sept 22, 2016 Place: Fieldstone Architecture &Engineering Co 6500 City West Parkway#300 - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda September 6, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Whitetail Bluff Janet Jeremiah/Beth Novak-Krebs Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 2.48 acres; and • Approve the Development Agreement for Whitetail Bluff. Synopsis This is final approval of the Development Agreement for the subdivision of a 2.48 acre property into two lots. One lot is being created for a new single family home and the other for the existing single family home. Background The 120-Day Review Period expires on October 11, 2106. Attachments • Ordinance for PUD District Review • Summary Ordinance • Development Agreement WHITETAIL BLUFF CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-13.5 Zoning District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District and shall be included hereafter in the R1-13.5 Zoning District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of September 6, 2016, entered into between Duncan and Lisa Tomassen, owners, and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of July, 2016, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 15th day of September, 2016. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2016. Exhibit A Legal Description EXISTING LEGAL DESCRIPTION: (PER TORRENS CERTIFICATE NO. 1333924) That part of Tract A lying Westerly of a line drawn from the Northeast corner of Tract B to a point on the North line of Tract A distant 474.22 feet East from the Northwest corner of Tract A, Registered Land Survey No. 756, Hennepin County, Minnesota. WHITETAIL BLUFF CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 17-2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 10065 Eden Prairie Road from Rural Zoning District to R1-13.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on September 15, 2016. (A full copy of the text of this Ordinance is available from City Clerk.) DEVELOPMENT AGREEMENT Whitetail Bluff THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of , 2016,by Duncan and Lisa Tomassen,husband and wife,hereinafter referred to as"Developer,"their successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for a Zoning District Change from Rural to R1- 13.5 Zoning District on 2.48 acres and a Preliminary Plat dividing 2.48 acres into 2 lots, legally described on Exhibit A(the "Property"); NOW,THEREFORE,in consideration of the City adopting Ordinance No. for Zoning District Change from Rural to R1-13.5 on 2.48 acres, and Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated July 8,2016,reviewed and approved by the City Council on July 19,2016, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set 1 Whitetail Bluff Development Agreement forth in Exhibit C. 3. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each residential structure on each parcel of the Property,a Certificate of Survey for such parcel shall be submitted for review and written approval by the Building Department. The Certificate of Survey shall include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and shall further contain the following information: A. Topography with 2 foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. C. Retaining walls, type, height, and type of details. D. Location of sewer, water, gas and electric lines. E. Method of erosion control. F. Detailed grading plans. G. No construction or grading within any conservancy easement area. H. No steepening of the natural slopes and walk out levels that meet natural grade. No more than a foot wide construction area on the lower ground elevation. I. Engineered design for footing, foundation, and retaining walls. 4. CONSERVATION EASEMENT FOR THE PROTECTION OF STEEP SLOPES ON THE PROPERTY: Prior to release of the final plat for the Property, Developer shall submit a Conservation Easement attached as Exhibit D, for review and written approval by the Director of Parks and Recreation Services over that portion of the Property as delineated on the Plans. After approval by the City, Developer shall file the Conservation Easement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property,Developer shall submit to the City Engineer proof that the Conservation Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. Prior to issuance of the first building permit for the Property, and prior to recording of any document affecting the property, including any mortgage granted by the Developer or owners,their successors and/or assigns,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading "Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. 5. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a 2 Whitetail Bluff Development Agreement violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 6. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 7. DISCLOSURE OF INFORMATION REGARDING FLYING CLOUD AIRPORT: No lot shall be sold or transferred to the first intended residential homeowner,nor an agreement entered into to construct a home on any lot within the development unless the Developer or its successors and/or assigns personally delivers prior to execution of a purchase agreement or an agreement to construct a home on the lot (whichever comes first), a disclosure statement in form and substance as attached as Exhibit E hereto regarding the Flying Cloud Airport. If the initial purchaser of a lot from the Developer is not the initial intended homeowner of a residence to be constructed on the lot,Developer shall require by contractual obligation with its initial purchaser the delivery of the disclosure statement to the initial intended residential homeowner prior to execution by the intended homeowner of any agreement to construct a home or agreement to purchase a lot(whichever comes first). 8. FINAL PLAT: The final plat of the Property shall be recorded with the Hennepin County Recorder or Registrar of Titles, as applicable within 90 days of approval by the City Council or within 2 years of approval of the Preliminary Plat, whichever occurs first. If the final plat is not filed within the specified time, the City Council may, upon ten days written notice, to the Developer, consider a resolution revoking the approval. 9. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The 3 Whitetail Bluff Development Agreement final grading and drainage plan shall include all wetland information, including wetland boundaries,wetland buffer strips and wetland buffer monument locations;all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Developer shall furnish to the City Engineer and receive the City Engineers'written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of said improvements as required by City Code. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition,the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins,"Stormwater Infiltration"or"Filtration Systems"(such as rainwater gardens,vegetated swales,infiltration basins,vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or "Underground Systems" (such as media filters, underground sand filters, underground vaults,sedimentation chambers,underground infiltration systems,pre- manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two(2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring,and thereafter by the Owner of the Property.Planting and Maintenance Plans for the Stormwater Facilities (where appropriate)to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm 4 Whitetail Bluff Development Agreement Water Manual" dated November 2005, the approved final grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment,vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and(v) corrective actions that will be taken if the infiltration system does not meet the performance specification. All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of 1/2 inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. Stormwater Infiltration Systems that are constructed under a building shall be designed for maintenance access and installed in conformance with the standards outlined in The Minnesota Stormwater Manual(November 2005) and/or the Plans. The System shall be kept off-line until construction is complete. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of one-half inch or greater following the Storm Water Infiltration Systems becoming operational. If the infiltration rates are reduced by construction,a plan to restore adequate infiltration must be provided within 90-days of the field test 5 Whitetail Bluff Development Agreement C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems;routine and non- routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems;and plans for replacement of failed systems,all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris,litter,invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities,if any,must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin(including retention and detention basins)shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. • An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Based on this inspection,if a Stormwater Facility requires cleanout,the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity,leaving as 6 Whitetail Bluff Development Agreement much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of maintenance,the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets,parking lots or drive aisles at a minimum of once per year; debris and litter removal;removal of noxious and invasive plants;removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed;and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall be removed by hand. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 10. HOOK UP TO PUBLIC UTILITIES AND NON-CONFORMING USE OF LOT 2, BLOCK 2: A. Prior to issuance of any occupancy permit for Lot 1,Block 1,Developer shall connect the new house on Lot 1, Block 1, Whitetail Bluff, to the public sanitary sewer and watermain in Eden Prairie Road as depicted on the Plans. B. City Code Section 11.11, Subd. 2 C.provides that"Permitted Uses"in the R-1 13.5 Zoning District are:"Single family,detached dwellings and accessory structures with sanitary sewer and water service."Until such time as Lot 2,Block 1,Whitetail Bluff is connected to public sanitary sewer and public water, Lot 2 shall be a non- conforming lot. Developer agrees that upon the earlier of(i) a lease, sale, transfer, assignment or conveyance of Lot 2, Block 1, Whitetail Bluff or(ii) at such time as any of the existing private utilities for the existing house located on Lot 2,Block 1, Whitetail Bluff, substantially fail or are in need of substantial repairs as determined by the City Engineer,Developer shall connect the house on Lot 2,Block 1,Whitetail Bluff to public utilities,and the existing well and septic systems shall be abandoned and sealed in accordance with City Code requirements. 7 Whitetail Bluff Development Agreement 11. OTHER AGENCY APPROVALS: Prior to the issuance of any occupancy permit for the Property, the Developer shall submit to the City Planner, copies of all necessary approvals issued by other agencies for the project. The agencies issuing such approvals include,but are not necessarily limited to, the following: the Minnesota Pollution Control Agency, Metro Waste Control Commission, and Riley Purgatory Bluff Creek Watershed District. 12. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property,an assessment agreement,in the form and substance as attached in Exhibit E,shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 0.94 acres (Lot 1) in the amount of$7,547.26. Prior to release of the final plat for the Property the deferred assessments from I.C. 01-5537 (Eden Prairie Road) associated with Lot 1, Block 1 must be paid in full. 13. FUTURE EDEN PRAIRIE ROAD SOUTH IMPROVEMENTS: The City anticipates that additional improvements to Eden Prairie Road South will occur in the future and that as part of the Eden Prairie Road South Improvements there will be additional special assessments and or connection fees that will be applicable to any new lot created by subsequent subdivision of the property. These additional special assessments and or connection fees will be assessed/charged to the Property if approved by the City Council. 14. TREE LOSS - TREE REPLACEMENT: Prior to the issuance of a building permit, the owner of Lot 1 shall submit a Tree Replacement Plan to the City Forester and receive the City Forester's written approval of said plan. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 8 Whitetail Bluff Development Agreement IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2016, by Nancy Tyra-Lukens and Rick Getschow,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 9 Whitetail Bluff Development Agreement Developer Name, Duncan and Lisa Tomassen Duncan Tomassen Lisa Tomassen STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2016,by Duncan Tomassen and Lisa Tomassen, husband and wife. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 10 Whitetail Bluff Development Agreement EXHIBIT A DEVELOPMENT AGREEMENT — WHITETAIL BLUFF Legal Description Before Final Plat That part of Tract A lying Westerly of a line drawn from the Northeast corner of Tract B to a point on the North line of Tract A distant 474.22 feet East from the Northwest corner of Tract A, Registered Land Survey No. 756, Hennepin County, Minnesota Certificate of Title Number 1333924 Legal Description After Final Plat Lots 1 and 2, Block 1, Whitetail Bluff 11 Whitetail Bluff Development Agreement EXHIBIT B DEVELOPMENT AGREEMENT - WHITETAIL BLUFF Certificate of Survey and Existing Conditions dated 7/6/16 by Gronberg and Associates, Inc. Grading, Drainage, Utility, and Tree Plan dated 7/12/16 by Gronberg and Associates, Inc. 12 Whitetail Bluff Development Agreement EXHIBIT C DEVELOPMENT AGREEMENT - WHITETAIL BLUFF I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale) showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: 13 Whitetail Bluff Development Agreement A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, 14 Whitetail Bluff Development Agreement condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"= 200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record 15 Whitetail Bluff Development Agreement the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works,no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. 16 Whitetail Bluff Development Agreement EXHIBIT D DEVELOPMENT AGREEMENT — WHITETAIL BLUFF CONSERVATION EASEMENT Whitetail Bluff: THIS EASEMENT AGREEMENT is made this day of , 2016, by and between Duncan and Lisa Tomassen, Owners,hereinafter referred to as "Grantors," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS, Grantors are the fee owners of land located in Hennepin County, Minnesota, more fully described in Exhibit A,attached hereto and made a part hereof,and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantors have marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: INSERT ANY LIENS, MORTGAGES OR ENCUMBRANCES. WHEREAS, Grantors and City wish to enter into an agreement which will grant to City a conservancy easement for conservation and preservation of the terrain and vegetation,and to prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area, attached hereto; NOW,THEREFORE,in consideration of the premises contained herein,it is agreed by the parties as follows: 1. Grantors hereby convey to City and its successors and assigns a conservation easement in, under, on, and over the Easement Area and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes 17 Whitetail Bluff Development Agreement Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting,fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. B. No building,road,sign,billboard,utility,or other structure shall be placed in the Easement Area without the prior written consent of City. C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. D. No change in the general topography of the Easement Area landscape, including,but not limited,to excavation, dredging,movement, and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. 3. With respect to the Easement Area, Grantors represent and warrant as follows: A. That Grantors have marketable title free and clear of all liens,encumbrances and mortgages, except: INSERT ANY LIENS, MORTGAGES OR ENCUMBRANCES. B. That Grantors have not used,employed,deposited,stored,disposed of,placed or otherwise allowed to come in or on the Easement Area, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to,those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantors have not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. That no previous owner, operator or possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantors agree to indemnify,defend and hold harmless City,against any and all loss, costs, damage and expense, including reasonable attorney's fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty 18 Whitetail Bluff Development Agreement herein. 4. Grantors agree to permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading"Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. 5. Grantors agree to maintain the Easement Area subject to the provisions stated herein. 6. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties, their successors, and assigns. 7. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 8. Provisions of this Easement shall be binding upon and enforceable against the Property and the Grantors, their successors and assigns of the Property. 19 Whitetail Bluff Development Agreement IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTORS CITY OF EDEN PRAIRIE NOT TO BE SIGNED By NOT TO BE SIGNED Duncan Tomassen Nancy Tyra-Lukens Its Mayor NOT TO BE SIGNED By NOT TO BE SIGNED Lisa Tomassen Rick Getschow Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2016, by Nancy Tyra-Lukens and Rick Getschow,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2016, Duncan Tomassen and Lisa Tomassen, husband and wife. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 20 Whitetail Bluff Development Agreement EXHIBIT E DEVELOPMENT AGREEMENT - WHITETAIL BLUFF WHITETAIL BLUFF DISCLOSURE OF INFORMATION Developer shall cause the following notice to be given, either from Developer itself or Developer's successors in interest to any portion of the Property,to all residential home purchasers of lots within the Property who intend to occupy a residence on such lot, prior to the execution of a purchase agreement or agreement to construct a residence on a lot within the Property,whichever occurs first: The Property is located near the Flying Cloud Airport, which is owned and operated by the Metropolitan Airports Commission. The Metropolitan Airports Commission currently has under consideration the expansion of the airport runways, which may affect the Property. Further information regarding the airport and the proposed expansion can be obtained from the Office of the Airside Project Manager, Telephone No.: 612-725-8371 or 612-726-8100 21 Whitetail Bluff Development Agreement EXHIBIT F DEVELOPMENT AGREEMENT - WHITETAIL BLUFF AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2016,between the City of Eden Prairie, a municipal corporation, (the "City") and Duncan Tomassen and Lisa Tomassen, husband and wife(the "Owners"). A. The Owners hold legal and equitable title to property described as , Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owners desire to develop the property in such a manner that relies upon the City's trunk utility system,including trunk sanitary sewers,trunk watermains,wells,elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owners consent to the levying of assessments against the Property in the amount of $7,547.26 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a"pending assessment"until levied. 3. The Owners waive notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owners concur that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owners waive all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 22 Whitetail Bluff Development Agreement 5. This Agreement shall be effective immediately. 6. This Agreement may not be terminated or amended except in writing executed by both parties hereto,provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected,without the necessity of further City Council approval,unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 7. This Agreement constitutes a lien on the Property in the amount of$7,547.26 until such time as the assessments referred to above are levied. 23 Whitetail Bluff Development Agreement OWNER CITY OF EDEN PRAIRIE A Minnesota Municipal Corporation Duncan Tomassen Lisa Tomassen By: NOT TO BE SIGNED By: NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED Rick Getschow, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2016, by Nancy Tyra-Lukens,the Mayor,and Rick Getschow,the City Manager,of the City of Eden Prairie,a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2016,by Duncan Tomassen and Lisa Tomassen,husband and wife. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 24 Whitetail Bluff Development Agreement EXHIBIT G DEVELOPMENT AGREEMENT - WHITETAIL BLUFF CONSENT AND SUBORDINATION The undersigned, owner of that certain Mortgage dated the 24thth day of September, 2013 recorded in the office of the Registrar of Titles in and for the County of Hennepin, State of Minnesota, on the 31st day of October, 2013 as Document No. 5129153 covering the Property described on Exhibit A hereto, for valuable consideration, does hereby consent to the and subordinates it interest in the Property to that certain Development Agreement,to which this Consent and Subordination is attached, dated August 16, 2016 by Duncan Tomassen and Lisa Tomassen to the City of Eden Prairie, Minnesota. US BANK, N.A. By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On the day of , 2016, before me personally came ,to me known,who being duly sworn by me stated that he/she is the of the said US BANK,N.A. and that he/she is duly authorized to execute the foregoing instrument. Notary Public 25 Whitetail Bluff Development Agreement EXHIBIT H DEVELOPMENT AGREEMENT - WHITETAIL BLUFF CONSENT AND SUBORDINATION The undersigned,owner of that certain Mortgage dated the 8th day of April,2011 recorded in the office of the Registrar of Titles in and for the County of Hennepin, State of Minnesota, on the 13th day of April, 2011 as Document No. 4849559 covering the Property described on Exhibit A hereto, for valuable consideration, does hereby consent to the and subordinates it interest in the Property to that certain Development Agreement, to which this Consent and Subordination is attached, dated August 16, 2016 by Duncan Tomassen and Lisa Tomassen to the City of Eden Prairie, Minnesota. TCF NATIONAL BANK By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On the day of , 2016, before me personally came ,to me known,who being duly sworn by me stated that he/she is the of the said TCF NATIONAL BANK and that he/she is duly authorized to execute the foregoing instrument. Notary Public 26 Whitetail Bluff Development Agreement CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda September 6, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Community Development/Planning Code Amendment for Schools in the Janet Jeremiah/Julie Klima Public Zoning District Requested Action Move to: Approve 2nd Reading of the Ordinance amending City Code Section 11.02 and 11.35 to define and add schools as a permitted use in the Public Zoning District and Ordering the publication of said ordinance. Synopsis This is final approval of an ordinance to allow schools as a permitted use in the Public zoning district. Attachment Ordinance 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 16th day of August, 2016, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 6th day of September, 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 September 6, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Jay Lotthammer, Director, Flying Cloud Ball Fields Lease Agreements Parks and Recreation Amendments with Metropolitan Airports Commission Requested Action Move to: Approve the amendments to the lease agreements with the Metropolitan Airports Commission for the Flying Cloud Ball Fields. Synopsis The Metropolitan Airport Commission (MAC) owns land that is known as Flying Cloud Fields and Flying Cloud Expansion. For many years, this land has been leased by the City of Eden Prairie and used by residents for baseball, soccer and lacrosse. The term of the lease is for three years at a time. The rent payment is the same as last year, plus a 3% increase. The lease has been approved by MAC and they would like to execute it as soon as possible. Recommendation The MAC property- Flying Cloud Fields and Flying Cloud Expansion Lease Agreements have been prepared and reviewed by both City and MAC staff. The terms of the leases are in line with the agreed use conditions and staff recommends that both be approved by the City Council. Attachments Amendment to Lease Agreement—Athletic Fields Amendment to Lease Agreement—Athletic Fields Expansion Area SECOND AMENDMENT TO LEASE THIS SECOND AMENDMENT made effective the 1st day of September, 2016 between Metropolitan Airports Commission ("MAC"), a public corporation of the State of Minnesota, as Lessor, and the City of Eden Prairie ("City"), as Lessee. RECITALS: WHEREAS, MAC and City entered into an Athletic Fields Expansion Area Lease Agreement ("Lease") effective the 1st day of September , 2010, under which a certain parcel of land situated near on Flying Cloud Airport, County of Hennepin, was leased by MAC to City; and, WHEREAS, the City exercised a three year renewal option available under the Lease, which amendment became effective September 1, 2013; and WHEREAS, City has requested that it wishes to exercise the three year renewal option available under the First Amendment; and WHEREAS, MAC has determined that the leased property is not needed for exclusive aviation use during the proposed renewal period and the use of the leased property does not conflict with the safe operation of Flying Cloud Airport; and WHEREAS, this renewal option of the Lease has been approved by the MAC Commission on August 19, 2013; and WHEREAS,MAC and City desire to amend the Lease as hereinafter provided. NOW, THEREFORE, in consideration of the covenants and considerations in the original Lease and herein, it is agreed: SECTION 1, AMENDMENTS TO LEASE 1.1 Section 1 of the Lease is deleted in its entirety and replaced with the following: 1. PROPERTY. The MAC grants to the City a lease to occupy and use, subject to the terms and conditions stated herein, a portion of the lands constituting Flying Cloud Airport ("Airport") in Hennepin County, Minnesota, totaling 26.05 acres, more particularly described as follows ("Premises"): That part of the Southeast Quarter of the Southwest Quarter of Section 21 and that part of the Northeast Quarter of the Northwest Quarter of Section 28, Township 116, Range 22, Hennepin County, Minnesota described as follows: Commencing at the southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 21; thence South 88 degrees 59 minutes 26 seconds West along the South line of said Southeast Quarter of the Southwest Quarter a distance of 619.08 feet to the beginning of the land to be described; thence North 25 degrees 24 minutes 54 seconds East a distance of 130.77 feet; thence North 9 degrees 37 minutes 04 seconds East a distance of 298.26 feet; thence North 16 degrees 44 minutes 37 seconds East a distance of 484.35 feet; thence North 25 degrees 24 minutes 54 seconds East a distance of 69.17 feet; thence North 23 degrees 39 minutes 26 seconds West a distance of 28.43 feet; thence North 67 degrees 07 minutes 36 seconds West a distance of 331.31 feet;thence North 61 degrees 24 minutes 58 seconds West a distance of 90.45 feet; thence North 67 degrees 07 minutes 36 seconds West a distance of 212.98 feet; thence South 77 degrees 08 minutes 46 seconds West a distance of 208.97 feet; thence South 1 degree 01 minutes 47 seconds East a distance of 433.95 feet; thence South 88 degrees 58 minutes 13 seconds West a distance of 200.00 feet to the easterly right of way line of H,C.S.A.H. No. 4; thence South 1 degree 01 minutes 47 seconds East along said easterly right of way line a distance of 1210.16 feet;thence North 86 degrees 30 minutes 19 seconds East a distance of 316.86 feet; thence North 43 degrees 48 minutes 41 seconds East a distance of 454.24 feet; thence North 25 degrees 24 minutes 54 seconds East a distance of 141.12 feet to the point of beginning. As designated as "Lease Area 1" on the plat attached hereto as Exhibit A and made a part hereof The Premises shall be subject to the reservation of an access easement in favor of the MAC or its assigns over, under and across the area cross-hatched and depicted in the attached Exhibit B (the "Access Easement"). The Access Easement is intended to be used to construct and maintain vehicular access to the MAC parcel to the north of the Premises. The portion of the Access Easement that is existing roadway shall continue to be maintained at the sole cost and expense of the City at all times relevant to the term of this Lease. ' 1.2 Section 3 of the Lease is deleted in its entirety and replaced with the following: 3. TERM. The term of this Lease shall be three (3) years, commencing September 1, 2016 with an option to renew for additional three (3) year periods, at rental rates to be determined at that time, under lease terms and conditions to be determined at that time, and subject to the terms set forth in the next paragraph. The Premises are subject to recapture by the Commission upon one (1) year written notice to City, with no monetary compensation to the City. The City may terminate this Lease upon one (1) year written notice to the Commission with no monetary compensation to the Commission. In the event of termination or recapture, the City shall have 90 days within which to remove its property, equipment and fixtures located or placed thereon and to restore the Premises to a condition acceptable to the Commission. Renewal of this Lease will be based on a new determination by the Commission and the FAA that the property is not needed for exclusive aviation use during the proposed renewal period and that the use of the area for recreational purposes does not conflict with the safe operation of the airport. The City must submit a written request for renewal at least 90 days prior to expiration of the last year of the term of the agreement. Upon termination of this Lease or any subsequent renewal lease. Commission has no obligation to provide the Premises or any other Commission or Airport property to City. 1.3 Section 6 of the Lease is deleted in its entirety and replaced with the following: 6. RENT. As rent for the Premises the City shall pay annually in advance an amount of$2,985.13 per year, and escalating 3% per year during the remaining Lease Term. The rental rate must be consistent with any change made in the future to federal revenue diversion policy. Thus, the rental amount may be changed during the term of the Lease in order to maintain compliance with federal revenue diversion policy upon sixty (60) days written notice from the Commission to the City. City shall pay for all water, sanitary sewer, gas, electricity, telephone, refuse collection, and storm sewer charges, environmental charges and fees, or other similar charges used on or attributable to the Premises, together with any taxes, penalties, interest or surcharges associated with such utilities and charges. City shall pay all applicable taxes (including, but not limited to, property taxes), assessments, license fees, regulatory fees and other charges, if any, imposed by any other governmental authority during the Term of this Lease upon or related to the Premises, buildings, improvements or other property located thereon, or upon City's use or occupancy, for whatever term deemed applicable to City by that governmental authority. City shall pay these amounts without deduction or set-off against Rent to be paid under this Lease. LESSOR NOTARY STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) This instrument was acknowledged before me on the day of 2016, by as the authorized representative of the Metropolitan Airports Commission. (Notarial Seal) Notary Public CITY NOTARY STATE OF MINNESOTA ) ) SS COUNTY OF ) This instrument was acknowledged before me on the day of 2016,by , and Mayor and City Manager respectively of the City of Eden Prairie. (Notarial Seal) Notary Public • . , EXHIBIT A PREMISES LEASE ARM I: I EASEARBA 24 i 1 IL,'..4t-r-Z!'7`,2 ..::_—_:61-_,,,,,‹ r.t.,.7...',,,,'''',...zr,..171„..t.--'1:2.:`-'7,"*"..T,."1";Z:-. i'.Z.-rr,,.1,7:,,,qr;h..._=1=•,,z,..,:jr.:11:,::ti724:27;-Z''J-, -11 !1 ,,../. --P' --•••• '',4,z':-''••t'-=:"."•‘'..-•: •r ••••,z,4.::f• ',7:-.•',.-''':•,;•i','--- , '', ' - "J ; ''' '' •'''- ''iiI i •, -,• i li‘I4. ,._-i . . , . .c .•,- •,,„ .:-..;•,.•••,,,,,•/ ..301.•••: ,•-••••• - ' • . .• -• -•I 1'''•1 i. . • , _.4 . I;4- i -;-.'..•••:;•:••,-. •,..•,,„ i , .. . . . . ..1 ..,-vPL.4 .•.•-•;-i-.i.:, •:,•,-; 7:,.i.-:i.•.w -../-•,.$;,.-,: '''-•'-'::-`-..'„,',.•:•-;,',...; , --t-,f,'- ---- - '-.' ' - • - ' 44" ,•.-: .', •$i..„,,,„,,:..- /'I IL',i; • - :-:, :: „CC.!''':`''J.:''''' '''''' /.:'.."' / .,.... '. l',,,'i .ii, .;:i•Ti.if.: '':F• ,,,,, ..,,,,,,,_ ,',-.......,:,,..,:,,,,..... i ''''.:./...',,,,,,;,,,,,,i.,,- . 'I i".1 Lamm At'eli y. 1-;).-1,e4 8S1u4T. ',....','.‹`',... • ,.,i ..' .. , ,,., ... .. \ 1,-;,,, •<•-‘,. .,. •-,'... . : '. ,. W- ,` ] - : "* /•-re-"i- '''''", '-z-4, 1,711,7125quire Feat• •' , . '' .,.-'- '. it--...F.,., ! -,'"'•,-.1;•,..,-, •. • , • 1 'PI '-'' --,2' ' ''''i # liggIt.ffl,""=. ,. • //-.7....'"' ---a-: '',..'....‹...-- --,.‹. / :Iv 1:1;11 ',' '''''''''''.-'•;:.'''' ;A"..'-;''„, . . ; ' ' / ,11.7,'-. LEASE EXHIBIT ' r' l FLYING CLOUD BALJJ9B_DS I ..., . ! ;. .r:Fc..7.c.,.. :,:,-; i -7 7 MA.C.PROPEMY i ..1.0 Eden Prairie.MN • ..,;, ‘,„ i , ,.......,_. 117 6......-1.—ft —__....._ ,-------- , -t ,. .. P 0 ii •f ) ,ii _ , ...,,... „ „.•• ,10- ...,"? 11....T.1.4.1.e...4T.ta.,...wr. .,.... .,...„..,..,,li I'',I -,, —oe.,—. ,, . ..' 12 EXHIBITB • •. • -r......r.•••••7=-TrIenTr-•-•••••nr1 ----P—r-•/7- 7"7"---** , .t. ... ',,,- 0 ;,.... - -I "'"Alic., --gir ,___/,.., 1,_• ., ••• ...,..- *Alp I . , . • 7T•L. . ^ ....., a , T .. . • . .1, i tivAl. • ...... •ii ' "%N.... 1,1 . i. . . • li. •• 1.741;1. 01, 1 co t ' '.. .. ..•., . ,. -- ,.. fa . 1.;111.1 allie • k. 5 ... . . 1 4AP '' -.'':-• • ., .. mi, it.% i .•' 1 $ • g, „ ,'. ' 'I ' . IL• . , .,. t i ..'' .. , , • 1 - , ' r • _ 11P- ' 'Or .1111101 a. •. . • 0:14P V: tk: --. , , ii ri c . . . "op inpi • , i, , ,, . pi. .-1, 1 . 4 . • .1.. • 'ASA' .7 4 . il 41044 V: • ..0 +- ,' 1 .Ibil'a'A•I:4••••• ill . . , : ii . • ,1 ' 1111 0 0 1 a A . iii. I.gh•• ea,—..._ ....;, ele 'e% A. • ft t;411i 1 ip . e: .... . '11N .kifin... !II, °I. .1 .: Ihr .ie . 'X' • ' ... • II. : 71I. i7 . 1 , 4, '.1 ' '—'—qr.-- i 4 '1 _, .6 ‘ • e " • • . r 1 % a -1. • ... .411264— ..... - . _ . 1, • • 'i . ...:• . . • i In, Zi• i• 'i' . r $tio mi...-'- _I r. 4 . 1 I, 111111114 • .- I 'I 1 i : . :,..-.. - ...-. . -I.. '•- _ .._ . .. .. ,..„ .... ; ' . _ 0.' • • • v p r • i r -.a ... *4.,- i • -, , „, .i 1.iii^44 ii.• .111 .. ,. "or, 7...1. ., i. "' itt' 4 •' i loq. •.1 ] lk - A • i • ."i w1. , .... ..d. f 0 . .A.1,-011 •- ft., • Ai . 0, .,1 11 • - Asti:.1 , t iii , ..• . • ' - •- tj i.'4'i:f ' t..-I•••• , *A-•°•,k . 7.. i,.4.• . •,, ' • . , •r-i .-A hi . ._7 .• MIEMNIMME.....1-14.•-11:•M•inai.. t 1......".La. - .._—... .d, SECOND AMENDMENT TO LEASE THIS AMENDMENT made effective the 1st day of September 2016, between Metropolitan Airports Commission ("MAC"), a public corporation of the State of Minnesota, as Lessor, and the City of Eden Prairie ("City"), as Lessee. RECITALS: WHEREAS, MAC and City entered into a Athletic Fields Lease Agreement ("Lease") effective the 1st day of September , 2010, under which a certain parcel of land situated near on Flying Cloud Airport, County of Hennepin, was leased by MAC to City; and, WHEREAS, the City exercised a three year renewal option available under the Lease, which amendment became effective September 1, 2013; and WHEREAS, City has requested that it wishes to exercise the three year renewal option available under the First Amendment; and WHEREAS, MAC has determined that the leased property is not needed for exclusive aviation use during the proposed renewal period and the use of the leased property does not conflict with the safe operation of Flying Cloud Airport; and WHEREAS, this renewal option of the Lease has been approved by the MAC Commission on August 15, 2016; and WHEREAS, MAC and City desire to amend the Lease as hereinafter provided. NOW, THEREFORE, in consideration of the covenants and considerations in the original Lease and herein, it is agreed: SECTION 1. AMENDMENTS TO LEASE 1.1 Section 3 of the Lease is deleted in its entirety and replaced with the following: 3. TERM. The term of this Lease shall be three (3) years, commencing September 1, 2016 with an option to renew for additional three (3) year periods, at rental rates to be determined at that time, under lease terms and conditions to be determined at that time, and subject to the terms set forth in the next paragraph. The Premises are subject to recapture by the Commission upon one (1) year written notice to City, with no monetary compensation to the City. The City 1 may terminate this Lease upon one (1) year written notice to the Commission with no monetary compensation to the Commission. In the event of termination or recapture, the City shall have 90 days within which to remove its property, equipment and fixtures located or placed thereon and to restore the Premises to a condition acceptable to the Commission. Renewal of this Lease will be based on a new determination by the Commission and the FAA that the property is not needed for exclusive aviation use during the proposed renewal period and that the use of the area for recreational purposes does not conflict with the safe operation of the airport. The City must submit a written request for renewal at least 90 days prior to expiration of the last year of the term of the agreement. Upon termination of this Lease or any subsequent renewal lease, Commission has no obligation to provide the Premises or any other Commission or Airport property to City. 1.2 The first paragraph of Section 6 of the Lease is deleted in its entirety and replaced with the following: 6. RENT. As rent for the Premises the City shall pay annually in advance an amount of $1,194.06 per year, and escalating 3% per year during the remaining Lease Term. The rental rate must be consistent with any change made in the future to federal revenue diversion policy. Thus, the rental amount may be changed during the term of the Lease in order to maintain compliance with federal revenue diversion policy upon sixty (60) days written notice from the Commission to the City. City shall pay for all water, sanitary sewer, gas, electricity, telephone, refuse collection, and storm sewer charges, environmental charges and fees, or other similar charges used on or attributable to the Premises, together with any taxes, penalties, interest or surcharges associated with such utilities and charges. City shall pay all applicable taxes (including, but not limited to, property taxes), assessments, license fees, regulatory fees and other charges, if any, imposed by any other governmental authority during the Term of 2 this Lease upon or related to the Premises, buildings, improvements or other property located thereon, or upon City's use or occupancy, for whatever term deemed applicable to City by that governmental authority. City shall pay these amounts without deduction or set-off against Rent to be paid under this Lease. SECTION 2. RATIFICATION OF LEASE Unless specifically amended or supplemented by the provisions of this Amendment, the provisions of the Lease shall remain in full force and effect and are hereby ratified. II 3 IN WITNESS WHEREOF, the parties hereto have signed and executed this lease. METROPOLITAN AIRPORTS COMMISSION By: Vice President-Management & Operations Date: CITY OF EDEN PRAIRIE By: Mayor Date: By: City Manager Date: • 4 LESSOR NOTARY STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) This instrument was acknowledged before me on the day of , 2016, by (name) the (Title) as the authorized representative of the Metropolitan Airports Commission. Notary Public (Notarial Seal) LESSEE NOTARY STATE OF MINNESOTA ) ) SS COUNTY OF, ) This instrument was acknowledged before me on the day 2016,by (name), the (Title) of (name of corporation). Notary Public (Notarial Seal) 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 6, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Matt Bourne, Parks and Accept Bid and Award Contract for Natural Resources Manager, Sidewalk Construction Parks and Recreation Motion Move to: Award contract for the construction of concrete sidewalk along portions of Riley Lake Road, Anderson Lakes Parkway, and College View Drive to Midwest Asphalt Corp. in the amount of$155,950.50. Synopsis The City advertised for the construction of five foot wide concrete sidewalk along sections of Riley Lake Road(map location#1), Anderson Lakes Parkway(map location#2) and College View Drive (map locations #3). The City communicated with seven contractors regarding the project but only received a sealed bid from one contractor. Background The scope of this project is to construct new concrete sidewalk at the three locations mentioned above. The first location is one that has been requested by residents of the new development on the corner of Pioneer Trail and Riley Lake Road. The second two locations are ones that were identified as being needed in the Pedestrian and Bicycle Plan the City completed in 2014. New concrete ramps will be installed to provide proper ADA transition access from the sidewalk to the road surface at intersections. The funding for this sidewalk project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment. Bid Summary and Recommendation The bid submitted from Midwest Asphalt Corp. is $155,950.50. The staffs estimate for this sidewalk project was $144,127.50. The lone submitter met the guidelines as detailed in the bid specification document. Staff recommends the contract be awarded to Midwest Asphalt Corp. The project work will begin in mid-September with completion by October 28, 2016. City staff will do the work of restoring the private property lawn areas disturbed by this trail work. Attachments Contract Location Maps FORM OF CONTRACT THIS AGREEMENT, made and executed this 661 day of September 2016, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Midwest Asphalt Corp. ,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 Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 2016 Eden Prairie Sidewalk Project 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 $155,905.50. 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 b. Accepted Proposal c. Contract Agreement d. Contractor's Performance Bond e. 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. CITY OF EDEN PRAIRIE, MN. By Its City Mayor And Its City Manager CONTRACTOR By Title And Title Revised and Copied into Purchasing Policy March 2013 y �' ' t .3,:s, 1 85O SFT OIL&MNDOT 25• 1J i / _ gEE08HY6fOT2. H� / ' • 1 �OTENG DISTIJRBEDAREA�Y9THEfFS} . �"� TREE - RELOCATE 6 TREES [n [BY OTHERS] , / "� y■ ` o G \\ T URBED AREA �Eir 1F— (8Y OTHERS} 4 y",4. ■� ' •4 �n *-- RELOCATE LIGHT - �• y� (BY OTHERS) elC:- yt ° a �'a`- , INLET PROTECTION[TYP] PEO RAMPS 011.' 9� \OCATEUG1T BIOLOD [BY.WALK.OTHERS) '� �. 0PD �1Jj �{�� 5'pOULEVARp t • • PED RAMPS ' ��' r RNL' •\ 81OLOG OR #/, /L .' @ APPROVED EQUAL f•- /\° /441/, 1 RELOCATE 9 TREES / ,(flY OTHERS) •: f74, ,1 • "/".... ...,,q4". 1� y• Ap., • 5'BOULEVARD • 1 / Z- .., m . s SIDEWALK _ LEGEND -� \tom � i._� ��� -. 2,7a6 SF TOPSOIL& / SIDEWALK r SOO DISTURBED AREA ' j` BS}S CURE (BaOTHERS) �r BIOLOG OR APPROVED EQUAL R3.15' PED RAMP ` '' SOD If SEED!HYDROMULCH REMQVEAND �_ REPLACE . FED RAMP / ! ' ,-*0; - Rid • 'S • `_ - 1!Illikilircr ='~-' 8818 B 5 APPROVED Fa'••BIOLOG OR - -- L>• ,. zr ,,.,I..pm. .,.enc....' •.,d mummy CITY OF EDEN PRAIRIE SHEET 115111 TRAIL CONSTRUCTION ...i Mr'. an, J.(WAN-- CITY PROJECT ND. o!s�m�Y 1 ___wM I.C.17593B-IB BAH•r EDEN RILEY LAKE ROAD OF NO n.s'sr QM PPM -persNM PPRIRIE ,,,,, warms •,,,,,,I 26711 SIDEWALK PLAN 2 i j I 1 I r r' ', 1 ei f r 1 � I r . • I t r 1 + I - ,. I f 1 0 1 t r 1 z CQ 1 1 ` , • I PROP EI7 ADA ' + r --1 t - --- ' APPR VEO PEA RAMP • EXISTING SIDEWALK .1 5'SIDEWALK r. • 1 • I PROPOSED ADA +� i�!REMOVE CONCRETE 1 11 APPROVED PED RAMP • 5'BOULEVARD + &CUT CHANNEL THROUGH 1 � BIOLOG OR I ' LJ1 1,700 SF TOPSOIL,SEED 8 HYDROMCH APPROVED �N PROPOSED ADA 1 ' WI MNDOT MIX 25-131(BY OTHERS) EQUAL I APPROVED PED RAMP I 1 1 1 /r /ANDEF?SON LAKES PARKWAY I' (' I i r 1 r i` I N + 1 1 LEGEND Notes: SIDEWALK 1. Biolog shall be placed at back of curb through limits of disturbance. —o—o- BIOLOG OR APPROVED EQUAL 2. Inlet protection shall be provided at all storm sewer N SEED I HYDROMULCH inlets receiving Construction stormwater runoff. 3. Disturbed areas should be seeded with MNDOT mix 25-131 (low maintenance turf)ig 220 pls lb/ac. Apply hydromuich at a rate of 3000 lb/ac. 0 15 30' 60' I -- :'' Yitn"':"P'°'rcr` w' ' _ CITY OF EDEN PRAIRIE SHEET - °:e�.vi:m.wio..r . v ww CFTY PROJECT No. oeIV er 1 __ del N..m� JR 1111 TRAIL CONSTRUCTION I.C-i1583&-1B EDEN ANDERSON LAKES PARKWAY/COLUMBINE ROAD OF mron nLMw NO BAR BY a A ' o1 �EJRN a. PR�VERIE r Ba951201B �,„„i 1We1 SIDEWALK PLAN 2 351SIDOG OR r , '' ', , ,g�{� r MAINTAIN 4 PROVECLEQUA 1 \' EXISTING REPLAC MD 7=EXI l ' ' DITCH FLOW RAMP WITH ADA j. 1 \ APPROVED OVED PEO RAMP +++��� �. BIOLOG DITCH CHECK \ \ ,, k�+� --8�g — - — ` SIT SPACING(rm.) 7 \ EXISTING SIDEWALK`— -- _ MAINTAINI �' -- — .. • —876 -` '� _ DITCH FLOW \fit rt ) ! 7,800�`F TCPSGIL-�S€ED 8 HYDROMULCH_ --- — � \ fff 'Al AINODT 11ixZS'737(SEE NOTES] // ,I q "-PROPOSED V ' T BOULEVARD ` SIDEWALK r f Ali * 111‘ T. / / / r J ` w / MAINTAIN .�g� m . _0a EXISTING Qf' r DITCH FLOW A . ,41.40 .....\\\ DJ f of, 00.13 I / t PROPOSED ADA / _ \ , APPROVED FED RAMP REPLACE EXISTING FED RAMP I -J WITH ADA APPROVED PED RAMP ' ` I >f C7 f �� { � � —err � ! _ �� -�. � - \ \ \} } ' r \� LL r `I �,..: .'.mil } III � /�i LEGEND SIDEWALK —D—o— BIOLOG OR APPROVED EQUAL N BIOLOG DITCH CHECK \� DIRECTION OF DRAINAGE 0 20' 40' 80' SEEDIHYDROMULCH MO MEI r 1 .p x,H...�r �.aw..w DV . "- ,-S:"-,. BAK CITY OF EDEN PRAIRIE SHBET J. L r+E+vNaH CRY PROJECT NO. 11 TRAIL CONSTRUCTION 1 �� I.D'#SM-18 pEo9* EDEN COLLEGEVIEW DRIVE OF HD_ DATE �, uo MOVX116 i 281A1 PP.IF,IE SIDEWALK PLAN 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 6, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Matt Bourne, Parks and Accept Bids and Award Construction Natural Resources Manager, Contract for Outdoor Center Trail Work Parks and Recreation Motion Move to: Award contract for construction of the Outdoor Center trail to Bituminous Roadways, Inc. in the amount of$21,474. Synopsis The City advertised for the construction of an eight foot wide bituminous trail at the Staring Lake Outdoor Center. The City received sealed bids from four contractors. Background The City recently completed a Master Plan for the Outdoor Center area and identified the need for improved pedestrian access to the site. This project will connect the existing loop trail that circles the lake to the Outdoor Center site. The funding for this trail reconstruction project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment. Bid Summary and Recommendation The summary of the bids submitted is as follows: Bituminous Roadways, Inc. $21,474.00 Midwest Asphalt Corp. $23,757.50 Northwest Asphalt, Inc. $26,355.00 MN Roadways, Inc. $31,980.20 The staff's estimate for this trail construction project was $17,545. Each of the submitters met the guidelines as detailed in the bid specification document. Staff recommends the contract be awarded to Bituminous Roadways, Inc. The trail construction project work will begin in mid-September with completion by Oct. 28, 2016. City staff will do the work of restoring private property lawn areas disturbed by the trail work. Attachments Contract Location Map FORM OF CONTRACT THIS AGREEMENT, made and executed this 661 day of September 2016, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Bituminous Roadways, 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 Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 2016 Staring Lake Outdoor Center Trail 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 $21,474.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Accepted Proposal c. Contract Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. CITY OF EDEN PRAIRIE, MN. By Its City Mayor And Its City Manager CONTRACTOR By Title And Title Revised and Copied into Purchasing Policy March 2013 • '! PROPOSED Ir . 'or;I. 5� .y �-�,.. / N. / aa � / 1 �e APPROVED __- �— _ : � _ f- r - EQUAL r/ .` _ .�¢' .•r T�' ,1 // , �I.y 'I,' / 7. BOULEVAR➢ ,''r _ EKI9TING FENCED - _ .• - • •-T y�/M 2' _ _ ti s •bB i �. .'�- i• •r• _ _ • EXISTING TRAIL •Ef[ISTINGDRINKING * 9 -1•-c••• - 7 ;�• �'•r'• • -'��- FOUNTAIH i i+• ;' I- - �.'r PROPOSED J- fJ,= - _ • f �+[� -�• .. ~;t • - I �it�y �� � • • / ' ' • • r • EX/ f • I' i � BOLOS OR / , , / , ' i. • I... APPROVED / ♦ —PROPOSED l:' • / EQUAL I • / J 2 BOULEVARD— ! 8'TRAIL • / e • 41,1111111"111111111111111, 9s • • _I� • ' , • r r f 1, BEOLOG OR PROPOSED C��\_ J r� • APPROVED ' ] 8'TRAIL ••'„\ 1 • EQUAL \\ EXISTING LANE . ,\ I 2E00 SF TOPSOIL, DRAINAGE(T ) 'it, I , •7'•{ MNDOT33-251SEED$ HYDRCMULCH ` •1 - 1- (BY OTHERsi— —� -- — �� LEGEND SlOEWALK P o BIOLOG OR APPROVED EQUAL s DIRECTION OF DRAINAGE +...•••1 SEED 1 HYDROMULCH 0 15' 30' SO' r = .ed...� l. � w enK"" CITY OF EDEN PRAIRIE SHEET __ .o,rye RI - CITY PR . o PROJECT NOee o J. ALL NEWTON �ae. TRAIL CONSTRUCTION -w' MIsr o.o won - ai v3;.• I.C.5834.46 CRECMOs, EDEN STARING LAKE OUTDOOR CENTER TRAIL OF . - — — - - �� oemsrmic iww r 2e78i= JPN PRAIRIE TRAIL PLAN 2 CITY COUNCIL AGENDA DATE: SECTION: CONSENT CALENDAR September 6, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Community Sprint Spectrum L.P—Lease Renewal Development/Planning for Communication Facilities License Janet Jeremiah/Steve Durham Agreement at 8950 Eden Prairie Road Requested Action Move to: Adopt the Resolution approving the 8950 Eden Prairie Road Tower- Communication Facilities License Agreement. Synopsis A renegotiated lease with a continued 5% annual rent increase has been agreed upon by Sprint Spectrum L.P. This annual increase is consistent with the present lease terms. The lease is for 5 year period with a one (1) time renew for 5 years. The total lease agreement is for 10 years. Background The City entered into a License Agreement with Sprint on January 16, 2001. The term of License Agreement was for 15 years. The agreement expired on January 16, 2016. The City accepted Holdover Letters which extended the original License Agreement to August 17, 2016. The Holdover Letter provided for an extension of the license agreement of January 16, 2001 to continue until a negotiated license agreement is agreed to by the City and Sprint. Recommendation Staff recommends approval of the of the license renewal. Attachments Resolution License Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION GRANTING A RENWAL FOR A COMMUNICATION FACILITIES LICENSE AGREEMENT AT THE 8950 EDEN PRAIRIE ROAD PROPERTY WHEREAS, Sprint Spectrum L.P. has an existing License Agreement with the City for placement of communication antennae on the 8950 Eden Prairie Road Tower dated January 16, 2001, as amended by Amendment No. 1 to License Agreement dated August 17, 2010; and WHEREAS, the Seconded Extended Term of the 2001 License Agreement expired on January 25, 2016; and WHEREAS, Licensor and Licensee's affiliate executed a Holdover Agreement dated July 11, 2016, extending the 2001 License Agreement until August 17, 2016; and WHEREAS, Sprint Spectrum L.P. has requested a renewed license agreement to replace the expiring agreement, the new agreement to commence as of August 16, 2016; and WHEREAS, The City of Eden Prairie and Sprint Spectrum L.P. have agreed to terms for a new Communication Facilities License Agreement at 8950 Eden Prairie Road Facility for a term of five (5) years beginning on August 16, 2016, with an option to extend the Agreement for one (1) additional five (5) year term; and WHEREAS, the City Council has reviewed said request at a public meeting on September 6, 2016. NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that the new Communication Facilities License Agreement between the City of Eden Prairie and Sprint Spectrum L.P. with a commencement date August 17, 2016 is approved and the Mayor and City Manager are authorized to execute the Amendment. ADOPTED by the City Council of the City of Eden Prairie this 6th day of September 6, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk LICENSE AGREEMENT THIS LICENSE AGREEMENT ("License" or "Agreement") is entered into as of this 16th day of August, 2016, between the City of Eden Prairie, a Minnesota municipal corporation ("Licensor") and Sprint Spectrum L.P., a Delaware limited partnership ("Licensee"), (each a "Party" and collectively referred to as "the Parties"). RECITALS WHEREAS, Licensor and Licensee (or their predecessors in interest) entered into that certain License Agreement dated January 16, 2001, as amended by that certain Amendment No. 1 to License Agreement dated August 17, 2010 (collectively, the "2001 License Agreement"), whereby Licensor licensed to Licensee certain premises described therein, together with all other space, access, and utility easements pursuant to the terms of the 2001 License Agreement; WHEREAS, Licensee assigned its interest in and to the 2001 License Agreement to its affiliate, Sprint Spectrum Realty Company, L.P., a Delaware limited partnership; WHEREAS, the Second Extended Term of the 2001 License Agreement expired on January 25, 2016; WHEREAS, Licensor and Licensee's affiliate executed a Hold Over Agreement (Hold Over Agreement") dated July 11, 2016, that extended the 2001 License Agreement until August 17, 2016; and WHEREAS, Licensee or its affiliate has been operating communications facilities on the premises since 2001 and currently has equipment on the premises that shall remain on the premises subject to the terms of this License Agreement. NOW, THEREFORE, in consideration of the foregoing Recitals which are incorporated herein by reference, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. PROPERTY AND PREMISES Licensor is the owner of certain real property located in Hennepin County, State of Minnesota, and more particularly described on Exhibit A attached hereto and made a part hereof (the "Land"), on which is situated a Tower ("Tower") (the Land and Tower are collectively referred to as the "Property"). Subject to the following terms and conditions, Licensor licenses to Licensee certain space on the Property, together with non-exclusive easements for access and utilities over, under and across the Property(the "Premises") as described in Section S.G. and on Exhibit B attached hereto and made a part hereof. 2. TERM The initial term ("Initial Term") of this License shall be for five (5) years and shall commence on January 26, 2016 (the "Commencement Date"). Licensee shall have the right to extend this License for one (1) additional five (5) year term (the "Renewal Term"). The Renewal Term shall be on the same terms and conditions as set forth herein 1 except for rental adjustments as provided in Paragraph 3, below. The License shall be automatically renewed for the Renewal Term unless Licensee sends written notice of non-renewal to Licensor no later than ninety(90) days prior to the expiration of the Initial Term. The Initial Term and the Renewal Term may be referred to as the Term of this License. 3. RENT A. Upon the Commencement Date, Licensee shall pay Licensor, as rent, the following sums ("Rent"): Based on Licensee's current installation as described in Exhibit B attached hereto, the annual rent on the Commencement Date shall be Thirty-one Thousand One Hundred Fifty-three and 00/100 Dollars ($31,153.00), to be paid in equal monthly installments on the first day of the month, in advance, to Licensor. Rent due for January, February, March, April, May and June shall be paid within thirty(30) days following the full execution of this License. B. The annual rental (to be paid monthly) shall be increased by Five percent (5%) each year on the anniversary of the Commencement Date. Annual license fees for each year of the Initial Term and the Renewal Term are as follows: Year 1 $31,153.00 Year 2 $32,711.00 Year 3 $34,347.00 Year 4 $36,064.00 Year 5 $37,867.00 Renewal Term: Year 6 $39,760.00 Year 7 $41,748.00 Year 8 $43,835.00 Year 9 $46,027.00 Year 10 $48,328.00 C. If this License is terminated at any time other than on the last day of a month, Rent shall be prorated, based on a thirty-day month, as of the date of termination, and in the event of termination for any reason other than a default by Licensee, all prepaid Rent shall be refunded to Licensee. 4. USE AND OWNERSHIP A. Subject to the terms of this License, the Premises may be used by Licensee solely 2 for the purposes of constructing, maintaining, repairing, removing and operating certain communications facilities in accordance with the transmission and reception of wireless communication signals authorized for use by Licensee by the Federal Communications Commission ("FCC"). Licensee's communications facilities shall include cellular and link antennas, necessary wave-guide and appurtenances, ground equipment (cabinet containing radio transmission, computer equipment, and emergency battery and generator equipment), and underground utility wires, cables, conduits, and pipes, as described on Exhibit B attached hereto (the "Facilities"). B. Licensee agrees to maintain and operate the Premises in accordance with good engineering practices, in accord with all applicable FCC rules and regulations, and in compliance with the Licensor's Technical Site Standards, which are attached hereto and made a part hereof as Exhibit D, and any reasonable amendments thereto that it shall decide to make, and to cause all other site users and users of the Premises, where feasible, to do the same. C. Licensee, its agents and contractors, are hereby granted the right, at its sole cost and expense, to enter upon the Property and conduct such studies as Licensee deems necessary to determine the Property's suitability for Licensee's intended use. These studies may include surveys, soil tests, environmental evaluations, radio wave propagation measurements, field strength tests and such other analyses and studies as Licensee deems necessary or desirable. Licensee agrees to restore the Property to its original condition following any such studies. D. During the Term of this License, Licensee shall pay all special assessments and personal property and/or real estate taxes levied against or upon the Facilities or the Property by any taxing authority as a result of the installation and use of the Facilities and the use of the Property by Licensee. Licensor will provide to Licensee a copy of any notice of taxes or special assessments imposed upon the Facilities or Property as a result of the Facilities or use of the Property by Licensee, which Licensor may receive from any taxing authority. Subject to any and all limitations imposed by law, Licensee may, at its own expense, contest any such taxes or assessments. E. Licensor waives any lien rights it may have, statutory or otherwise, regarding Licensee's Facilities, all of which shall be deemed personal property whether considered real or personal property under applicable state laws. Licensee will not allow any mechanic's or materialmen's liens to be placed on the Property as a result of its work on the Property. F. Licensee shall not interfere with Licensor's use of the Property, or use by others to whom Licensor has granted the use of the Property, and, agrees to cease all such actions which unreasonably and materially interfere with the use thereof by Licensor or others no later than ten (10) business days after receipt of written notice of the interference from Licensor. If the interference cannot be eliminated within 30 days after Licensee has received written notice, either Licensor or Licensee may at its option terminate this Agreement immediately. G. Licensee shall be entitled to ingress, egress, and access from an open and 3 improved public road and access path across the Property, in such locations as identified by Licensor, to the Premises 24 hours a day, seven days a week, except in case of unforeseen emergency. 5. FACILITIES A. Licensee agrees to install the Facilities at its sole cost, in compliance with all of Licensor's Technical Site Standards, and any reasonable amendments thereto, FCC rules and regulations, and good engineering practices. Prior to installing any additional Facilities, Licensee shall satisfy the Conditions Precedent identified on Exhibit C attached hereto. B. The placement of additional Facilities shall be subject to the prior approval of the Licensor, which approval shall not be unreasonably withheld, conditioned or delayed. C. Licensee agrees that its Facilities will be of types and frequencies which will not cause radio frequency interference to Licensor or to any other prior lessees or licensees of the, provided that Licensor, all lessees, licensees, and other users of the Property are in compliance with Paragraph 4.B above. In the event such interference does occur, and Licensee is advised in writing of such interference, Licensee shall eliminate such interference within seventy-two (72) hours or cease using the Facilities causing the interference except for short tests necessary for the elimination of the interference. It is further agreed the Licensor in no way guarantees to Licensee non-interference to the operation of Licensee's Facilities. Notwithstanding the foregoing, Licensor covenants to use its best efforts to afford Licensee similar protection from interference caused by the operations of subsequent Property users. D. Prior to adding additional transmitter or receiver frequencies on the Premises, outside the frequencies currently used by Licensee, Licensee agrees to notify Licensor of the modified frequencies and to perform the necessary interference studies to insure that the modified frequencies will not cause harmful radio interference to other existing users. Licensee will be required to pay for such studies, which will be performed by a registered professional communications engineer. E. Licensee agrees that if its Facilities produce noticeable noise levels that exceed noise regulations per the local ordinances and/or state laws, Licensee will at its own expense install a noise buffer. F. Intentionally omitted. G. Licensee's Responsibility/Use. Licensee may use the following parts of the Property for the following uses, and the construction, maintenance, repair, replacement, removal and operations of the following, all of which are hereafter referred to as "Licensee's Improvements." Licensee's Improvements shall be installed at Licensee's expense and shall be maintained in a reasonable condition and secured by Licensee. Licensee shall ensure that is use of the Property is consistent with all local, state and federal laws, ordinances, and regulations. 4 Notwithstanding anything to the contrary contained herein, the Tower is solely owned by Licensor. (a) Not more than twelve (12) panel antennas, RRUs, antenna mounting appurtenances and necessary cable attached to Licensor's Tower at approximately 80' AGL as more particularly described on Exhibit B. (b) An approximately 15 feet by 15 feet platform enclosed within an approximately 20 feet by 20 feet cedar fence as described on the Site Plans attached hereto as part of Exhibit B (Equipment Structure) to house and contain Licensee's radio transmission equipment, emergency battery and generator equipment. (c) Utility wires underground and cables, conduits and pipes within that part of the Property described on the Site Plans attached hereto as party of Exhibit B. (d) Right to ingress and egress 24 hours each day, seven (7) days a week , on foot or motor vehicle on and over that part of the Property from and to Licensee's Improvements as depicted in Exhibit B for the purpose of inspecting, maintaining, removing and repairing its Facility and related equipment, provided however, Licensor shall have the right to require Licensee to exercise its right of ingress and egress on and over a different part of the Property or other property as may be provided by or through Licensor so long as Licensee retains ingress and egress rights to the Premises 24 hours a day, seven (7) days a week. (e) A separately metered connection to electric utility, which supplies electricity billable to Licensee. H. In addition, if Licensor determines, in its sole discretion, that removal of all or any part of the Facility is necessary for maintenance, repair, or replacement of the Building, Licensee shall remove the Facility upon thirty (30) days written notice and Licensee shall bear all costs related to removal and replacement of the Facility. Licensor shall provide an invoice of maintenance and removal costs and Licensee shall promptly pay such invoices. During Licensor's work, Licensee may maintain Facilities on a temporary basis on the Property in a location approved by Licensor. If the Property will not accommodate Licensee's Facilities, or if the Parties cannot agree on a temporary location, the Licensee, at its sole option, shall have the right to terminate this License upon thirty (30) days written notice to Licensor. 6. UTILITY SERVICE Licensee agrees to pay for, install, and provide all future Gopher State One Call locates and all required utility services for the operation of the Facilities. Payment for utility services, including but not limited to electric and telephone service, for the Facilities shall be Licensee's responsibility without any adjustment to Rent. Licensor shall not be responsible for any damages which occur as a result of interruption of utility services except Licensor shall be responsible for any direct damages to utilities caused by solely by Licensor. Licensor will reasonably cooperate with Licensee's efforts to improve existing utilities on the Property for Licensee's use, or to connect the Facilities to existing 5 utilities on the Property. Licensor will execute any easement, right-of-way, or similar agreement that Licensee or a utility service provider may reasonably request for any such purposes, all costs to be borne by Licensee. Licensee shall comply with all ordinances and codes regarding noise and hours of operation when operating back-up power generation for normal routine maintenance. 7. TERMINATION A. Except as otherwise provided herein, this License may be terminated without penalty or further liability, on thirty(30) days' notice as follows: (1) At any time during the term of this License by either party upon a default of any covenant or term hereof by the other party which default is not corrected within thirty (30) days of receipt of written notice of default (without, however, limiting any other rights available to the Parties pursuant to any other provisions hereof); provided, however, that neither party will be in non-monetary default under this License if it commences curing any such non-monetary default within such 30-day period and thereafter diligently prosecutes the cure to completion; (2) At any time during the term of this License by Licensee if Licensee is unable to obtain or maintain any license, permit or other governmental approval necessary to the installation and/or operation of the Facilities or Licensee's business; (3) At any time during the term of this License by Licensor if, in Licensor's sole judgment after consultation with a licensed structural engineer, Licensor determines that the Tower is structurally unsound for use as a tower, for any reason, including but not limited to considerations related to the age of the Tower, damage to or destruction of all or part of the Tower or the Property from any source, or factors relating to the condition of the Property. This Agreement shall not be terminated under this paragraph if Licensee, at Licensee's cost, remedies the structural defect as determined by Licensor's structural engineer. Before undertaking remedial work to correct any structural defects, Licensee's proposed corrective work shall be approved by Licensor's structural engineer as to the structural design, and shall be approved by Licensor as it affects the aesthetics of the Property; (4) At any time by Licensee_upon at least one hundred eighty (180) days written notice if Licensee determines that the Property or Facilities are unnecessary or inappropriate for Licensee operations for economic or technological reasons. (5) At any time prior to Licensee's installation of its equipment on the Premises (i) if the Property is or becomes unacceptable under Licensee's design or engineering specifications for its equipment or the communications system to which the equipment belongs or (ii) Licensee determines that any soil boring tests or structural analysis is unsatisfactory; and (6) At any time prior to Licensee's installation of its equipment on the Premises if Licensee's technical reports do not establish to its exclusive reasonable 6 satisfaction that the Premises is capable of being suitably engineered to accomplish Licensee's intended use of the Premises. B. Upon termination or expiration of this License, Licensee shall at its expense, within ninety (90) days thereof, remove all of its Facilities from the Premises. Licensee shall continue to pay to Licensor the full monthly rental amount until all of Licensee's Facilities are removed from the Premises and the Premises is restored to original usable condition, ordinary wear and tear excepted. If all Facilities are not removed by the Licensee within 90 days, Licensor shall be permitted to remove the Facilities and restore the Premises. Licensee shall reimburse Licensor for all costs incurred by Licensor to remove and dispose of the Facilities and restore the Property Contemporaneously with the delivery to Licensor of this License Agreement executed by Licensee, Licensor acknowledges that Licensee previously deposited with Licensor under the 2001 License Agreement the principal amount of five thousand dollars, ($5,000.00) to secure Licensee's obligation to remove the Facilities and restore the Premises. Licensor shall retain such funds throughout the term of this Agreement and may draw upon so much of such funds thereof as will reimburse Licensor for its costs if Licensee fails to remove the Facilities and restore the Premises to the condition required by this Agreement within ninety (90) days following the expiration or earlier termination of this Agreement. Any amount remaining will be refunded to Licensee. If the $5,000.00 is insufficient to cover costs incurred by Licensor, Licensee shall promptly pay to Licensor the deficiency. This paragraph shall survive termination of this License Agreement. 8. INSURANCE Licensee shall obtain and carry insurance in the amounts and types as follows: A. General Liability. Licensee shall obtain and maintain occurrence form comprehensive general liability insurance coverage. Such coverage shall be written to include, but not be limited to, bodily injury, property damage—broad form, and personal injury, for the hazards of Premises/operation, broad form contractual, independent contractors, and products/completed operations. Licensee shall maintain aforementioned comprehensive general liability coverage with limits of liability not less than the following limits for any one person or occurrence: $2,000,000.00 each occurrence; $2,000,000.00 personal and advertising injury; $2,000,000.00 general aggregate; and $2,000,000.00 products completed operations aggregate. These limits may be satisfied by comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverages afforded by the umbrella or excess policy are no less than the above stated limits. B. Licensee Property Insurance. Licensee shall keep in force during the Term and any Renewal Term a policy covering damages to its Facilities at the Property. The amount of coverage shall be sufficient to provide for replacement of the damaged Facilities, damages resulting from loss of use, and shall comply with any ordinance, statutory, or legal requirements. 7 C. Intentionally omitted. D. Adjustment to Insurance Coverage Limits. The coverage limits set forth herein shall be increased at the time of any Renewal Term by multiplying the current coverage limit by a fraction, the numerator of which is the Consumer Price Index All Urban consumers-All Items Base 1982 to 1984 Equals 100, as published by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI-U") for the month that is three months preceding the first day of the Renewal Term, the denominator of which is the CPI-U for the month that is three months prior to the first day of this License Agreement. If the CIP-U is discontinued, comparable statistics on the purchasing power of the consumer dollar published by the U.S. Department of Labor or its successors as designated by Licensor shall be used for making the computations in this paragraph. In the event the same base period (1982-1984 Equals 100) used in computing the CPI-U is changed, the figures used in making the adjustment shall accordingly be changed so that the changes in the CIP-U are taken into account with the same mathematical results notwithstanding any change in the base period. In the event of any other changes in the CIP-U, Licensor shall designate a comparable calculation to be used for the calculations of this paragraph. E. Additional Insured. The insurance policies naming Licensor required by this Paragraph 8 shall be issued by a company (rated A- or better by Best Insurance Guide) licensed to do business in the State of Minnesota, and shall name the City of Eden Prairie as an additional insured. The insurance policies shall provide that Licensee's coverage shall be the primary coverage in the event of a loss. The policies shall also insure the indemnification obligation(s) contained in Section 9 of this License Agreement. A Certificate of Insurance ("Certificate") evidencing the existence of this insurance coverage naming the City of Eden Prairie as an additional insured must be provided to Licensor before Licensee, or any Party acting on Licensee's behalf or at Licensee's behest, enters the Property for the purpose of construction or placing any Facilities or related material on the Property. The Certificate shall also provide that the coverage(s) may not be canceled, non-renewed, or materially changed without thirty (30) days prior written notice to Licensor. Such insurance shall be maintained at all times during the term of this License and shall be evidence by certificate of insurance to be filed by Licensee with Licensor prior to using the demised Premises or Property. F. Excess Liability. Licensee shall maintain an excess or umbrella liability policy with a combined single limit of$5,000,000.00 per occurrence. G. The insurance required by this Paragraph 8 is to be maintained at all times including during any bankruptcy proceedings. The City of Eden Prairie carries $2,000,000.00 in liability insurance through the League of Minnesota Cities Insurance Trust. Notwithstanding anything to the contrary in this License, Licensee will not be liable to Licensor for, or indemnify Licensor against, punitive, incidental, indirect, special or consequential damages, including, without limitation future expectations of profits, loss of business or profit or related damages. 8 9. INDEMNIFICATION A. Licensee and Licensor each indemnify and hold harmless the other and their elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation arising out of the use and occupancy of the licensed Premises or Property by Licensee or Licensor, which may be asserted against or incurred by either Party or for which either Party may be liable in the performance of this License, except those to the extent that the same arise from the negligence, willful misconduct, or other fault of either Party. Licensee shall defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Licensee's Facilities, equipment, and related facilities on the licensed Premises notwithstanding any provision set forth herein to the contrary. Licensee's obligations under this paragraph are contingent upon its receiving prompt written notice of any event giving rise to an obligation to indemnify Licensor and Licensor's granting it the right to control the defense and settlement of the same. Licensor's obligation to indemnify Licensee shall, in any event, be limited as set forth in Minnesota Statutes Section 466.04. B. Hazardous Materials. Without limiting the scope of Subparagraph 9A above, Licensee will be solely responsible for and will defend, indemnify, and hold Licensor, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Property resulting from Licensee's use of Hazardous Materials. For purposes of this License Agreement, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fossil fuels, biological fuels, synthetic fuels, batteries or any hazardous substance,waste, or materials as defined in federal, state or local environmental or safety laws or regulations including, but not limited to, CERCLA. The obligation of this Subparagraph 9B shall survive the expiration or other termination of this License Agreement. C. Licensee's Warranty. Licensee represents and warrants that its use of the Property will not generate and Licensee will not store or dispose of on the Property, nor transport to or over the Property, any Hazardous Materials in violation of any applicable law. D. Licensor's Warranty. Licensor represents and warrants that it has no knowledge of any Hazardous Materials on the Property in violation of any applicable law. Licensee represents and warrants that it will not generate, store or dispose of on the Property, nor transport to or over the Property, any Hazardous Materials in violation of any applicable law. 10. LIMITATION OF LICENSOR'S LIABILITY If Licensor terminates this License other than pursuant to one of the express provisions of this License, or Licensor causes interruption of the business of Licensee or for any other 9 breach of this License by Licensor, Licensor's liability for damages to Licensee shall be limited to the actual and direct costs of equipment removal, repair, and relocation and shall specifically exclude any future expectation of profits, loss of business or profit, or related damages to Licensee. 11. DEFAULT A. The following shall constitute an event of default by Licensee ("Licensee's Default"): (1) Licensee's failure to install its Facilities by . (1) Licensee's failure to observe or perform any covenant or condition contained in this Agreement within thirty (30) days after written notice to Licensee specifying such failure and requiring Licensee to remedy the same. (2) The final adjudication of Licensee as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Licensee 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 Licensee or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit in each case, the order or decree remains unstayed and in effect for ninety(90) days. 3) The filing by Licensee 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 Licensee; or the filing by Licensee 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 Licensee of a petition to take advantage of any debtor's act. B. Remedies. Except as expressly limited hereby, Licensor and Licensee shall have such remedies for the default of the other party hereto as may be provided at law or equity following written notice of such default and failure to cure the same within thirty(30) days or as extended as provided in Paragraph 7A above. 13. SUCCESSORS OR ASSIGNS The terms and conditions of this License shall run with the Property. All of the terms, covenants, obligations, and conditions herein shall be binding upon and inure to benefit of the successors and assigns of the Parties hereto. This License may be sold, assigned, or transferred by Licensee without any approval or consent of Licensor to Licensee's principal, affiliates, subsidiaries of its principal, or to any entity which acquires all or substantially all of Licensee's assets in the market defined by the Federal 10 Communications Commission in which the Property is located by reason of a merger, acquisition, or other business reorganization. As to other parties, this License may not be sold, assigned, or transferred without the written consent of the Licensor, which such consent will not be unreasonably withheld, delayed, or conditioned. No change of stock ownership, partnership interest, or control of Licensee or transfer upon partnership or corporate dissolution of Licensee shall constitute an assignment hereunder. 14. QUIET ENJOYMENT Licensee, upon paying Rent, shall peaceably and quietly have, hold and enjoy the Property licensed pursuant hereto. 15. CASUALTY If any portion of the Property or Facilities are damaged by any casualty and such damage adversely affects Licensee's use of the Property, this License shall become terminable by Licensee upon thirty(30) days written notice of such casualty so long as such notice from Licensee is given within thirty (30) days of such casualty. Termination under this Paragraph, upon proper notice, shall become effective on the thirtieth (30th) day following the date of such notice. 16. CONDEMNATION If a condemning authority takes any portion of the Property and such taking adversely affects Licensee's use of the Property, this Agreement shall terminate as of the date the title vests in the condemning authority, if Licensee gives written notice of its intent to terminate within thirty (30) days after receiving notice of such vesting. The Parties shall be entitled to make claims in any condemnation proceeding for the value of their respective interests in the Property (which for Licensee may include, where applicable, the value of the communications facilities, moving expenses, prepaid rent, and business- relocation expenses). Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation 17. ADVANCES IN TECHNOLOGY As technology advances and improved antennas are developed which are routinely used by Licensee in Licensee's business, Licensor may require in its reasonable discretion the replacement of the existing antennas with any improved antennas then being used by Licensee in the Minneapolis-St. Paul Metropolitan Area if new antennas are more aesthetically pleasing or otherwise foster a public purpose, as long as the installation and use of improved antennas is economically and technically feasible. 18. ADDITIONAL BUILDINGS, IMPROVEMENTS, OR ANTENNAS Licensee acknowledges that Licensor may permit additional buildings or improvements to be constructed on the Property and such buildings or improvements may be placed immediately adjacent to Licensee's Facilities. Licensor may permit antennas of third parties to be attached to the Tower, provided that Licensor's structural engineer first 11 certifies that the Tower will structurally accommodate Licensee's existing antennas plus the proposed antennas of third parties 19. TEMPORARY INTERRUPTIONS OF SERVICE If Licensor determines that continued operation of Licensee's Facilities would cause or contribute to an immediate threat to the public health and/or safety (including maintenance and operating personnel), Licensor may order Licensee to discontinue its operations. Discontinuance of Licensee's operations shall include, but not be limited to, shutting down the transmission of electromagnetic waves or impulses to or from the Facilities. Licensee shall immediately comply with such an order. Operations shall be discontinued only for the period that the immediate threat exists. Licensor shall not be liable to Licensee or any other party for any interruption in Licensee's service or interference with Licensee's operation of its Facilities. If the discontinuance extends for a period greater than three (3) days, either consecutively or cumulatively, Licensee shall have the right to terminate this Agreement upon thirty days' notice as provided in Paragraph 7. Further, Licensee shall be entitled to a reimbursement of prepaid rent covering the period subsequent to the date of service discontinuance. 20. NO DUTY TO REPAIR Licensor shall have no duty or obligation to maintain, repair, restore, replace, or modify the Land, or any of Licensee's Facilities, fixtures, personal property, or improvements located thereon or therein. 21. LICENSEE'S COVENANTS Licensee shall: (a)use natural gas or propane, and shall not use gasoline or diesel fuel, for energy to power any generator installed on the Property; (b) not use any process or method in the installation, maintenance, or removal of any Facilities upon the Tower by means of welding, cutting tool, or other device which would damage the Tower or any equipment attached thereto; (c)protect the Facilities from damage or harm in the event of the repair or maintenance of the Tower or other property of Licensor; (d) not, without Licensor's consent, remove, cut, or trim any trees or other vegetation on the Property other than those shown on Exhibit B; and (e) replace significant trees (as defined in Eden Prairie City Code Section 11.55, subd. 2) lost or reasonably anticipated to be lost as a result of installation of Licensee's Facilities on the Property, in accordance Eden Prairie City Code Section 11.55, subd. 4. 22. NOTICES All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested or by any nationally recognized courier service, to the following addresses: If to Licensor: City of Eden Prairie Attn: City Manager 8080 Mitchell Road Eden Prairie, MN 55344 12 With a copy to: Eden Prairie City Attorney Attn: Richard F. Rosow 100 Washington Avenue South, Suite 1550 Minneapolis, MN 55401 If to Licensor: Sprint Property Services Sprint Site ID: MS 14XC873 Mailstop KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park, KS 66251-2650 With a copy to: Sprint Law Department Sprint Site ID: MS14XC873 Mailstop KSOPHT0101-Z2020 6391 Sprint Parkway Overland Park, KS 66251-2020 Attn: Real Estate Attorney 23. MISCELLANEOUS: A. Licensor represents and warrants it has the legal authorization to enter into and sign this License and has good and marketable title to the Property. B. Licensor shall contemporaneously herewith execute and acknowledge and deliver to Licensee for recording a Memorandum of this License ("Memorandum") in the form of Exhibit E attached hereto. C. This License supersedes all prior discussions and negotiations and contains all agreements and understandings between the Licensor and Licensee. This License may only be amended in writing signed by all Parties. Exhibits A through G are incorporated into this License by reference. No provision of this License will be deemed waived by either party unless expressly waived in writing by the waiving party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either party of any provisions of this License shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. D. This License may be signed in counterparts by the Parties hereto. E. Any claim, controversy, or dispute arising out of this License Agreement may, upon mutual agreement of the parties, be referred to mediation or binding arbitration in accordance with the applicable rules of the American Arbitration Association ("AAA"). Any settlement or judgment resulting from said mediation or arbitration may be entered in any court having jurisdiction thereof. The mediation or arbitration shall be conducted in the AAA office nearest the county where the Property is located. There shall be no discovery other than exchange of information which is provided to the mediator or arbitrator by the Parties. The Parties hereby waive all rights to, and claims for, monetary awards other than 13 compensatory damages. F. This License shall be construed in accordance with the laws of the State of Minnesota G. If any Term of this License is found to be void or invalid, such finding shall not affect the remaining terms of this License, which shall continue in full force and effect. H. Any change to the Facilities shall require approval of the Licensor. Licensee shall submit an application in such form and setting forth such information as required by Licensor. IN WITNESS WHEREOF the Parties hereto have executed this License Agreement effective as of the day and year first above written. (Signature pages follow) 14 LICENSOR: City of Eden Prairie, a Minnesota municipal corporation By: Nancy Tyra-Lukens Its: Mayor Date: AND By: Rick Getschow Its: City Manager Date: 15 LICENSEE: Sprint Spectrum L.P., a Delaware limited partnership By: Its: Date: 16 LIST OF EXHIBITS Exhibit A: Legal Description of the Property Exhibit B: Approved Plans and Specifications Exhibit C: Conditions Precedent Exhibit D: Memorandum of License Agreement EXHIBIT A Legal Description of Property Property Address: 8950 Eden Prairie Road, Eden Prairie, MN 55347 Property Index: 20-116-22-14-0001 The Property is described as follows: The South 300 feet of the East 615 feet of the Southeast '/4 of the Northeast '/4 of Section 20, Township 116, range 22, except road, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. EXHIBIT B Plans and Specifications (See Attached) Exhibit B 2016 EXHIBIT C CONDITIONS PRECEDENT 1. All permits from all local or federal land use jurisdictions for the intended use. 2. All local airspace authorities and FAA determination of no hazard to airspace. 3. FCC authorization to utilize this location for the intended use. 4. Licensee's technical reports must establish to its exclusive satisfaction that the Property is capable of being suitably engineered to accomplish Licensee's intended use of the Property. 5. Licensee's technical reports must establish to the Licensor's exclusive satisfaction that the installation will not interfere with other communication devices and systems presently in place. EXHIBIT D MEMORANDUM OF LICENSE AGREEMENT Between the City of Eden Prairie ("Licensor") and Sprint Spectrum Realty Company, L.P. ("Licensee"). This Memorandum evidences that a License Agreement (the "License") was made and entered into by written License Agreement between the City of Eden Prairie, a Minnesota municipal corporation ("Licensor") and Sprint Spectrum L.P., a Delaware limited partnership ("Licensee")regarding a portion of the property legally described as follows: The South 300 feet of the East 615 feet of the Southeast '/4 of the Northeast 1/4 of Section 20, Township 116, range 22, except road, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. The License is for a term of five (5) years and shall commence on June 15, 2016 (the "Commencement Date"). Licensee shall have the right to extend this License for one (1) additional and successive five-year term subject to the terms and conditions set forth in the License Agreement. IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of the last party to sign. (signature pages follow) LICENSOR: City of Eden Prairie, a Minnesota municipal corporation By: Nancy Tyra-Lukens Its: Mayor Date: AND By: Rick Getschow Its: City Manager Date: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on , 2016, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation, for and on behalf of the City of Eden Prairie. Notary Public LICENSEE: Sprint Spectrum L.P., a Delaware limited partnership By: Its: Date: STATE OF ) ) ss. COUNTY OF ) This instrument was acknowledged before me on , 2016 by , the of , a , for and on behalf of said entity. Notary Public This instrument drafted by: Gregerson,Rosow,Johnson&Nilan,Ltd. 100 Washington Avenue South, Suite 1550 Minneapolis,MN 55401 (612)338-0755 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 6, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Randy Newton Request Speed Study for CSAH 1 (Pioneer ITEM NO.: VIII.H. Public Works/Engineering Trail) from Dell Road to the West Corporate Limit Requested Action Move to: Adopt resolution requesting Hennepin County and the Minnesota Department of Transportation complete a speed study for CSAH 1 (Pioneer Trail) from Dell Road to the west corporate limit of Eden Prairie. Synopsis The western most segment of CSAH 1 between Dell Road and the city limits is the only segment of the roadway posted at 50 mph within Eden Prairie. The remainder of the roadway is posted at 45 mph. The proposed resolution also states that Eden Prairie does not support an increase in the speed limit on any segment of CSAH 1. Background Information Earlier this summer engineering staff received a complaint regarding the speed limit on CSAH 1 (Pioneer Trail). This complaint initiated several conversations between city and county staff ultimately resulting in a recommendation that a speed study for the western most segment of CSAH 1 be completed. This segment of roadway between Dell Road and the western city limits has not been improved and is the only portion of the roadway within Eden Prairie posted at 50 mph. In addition this segment of roadway has several warning signs with advisory speeds of 40 mph or less due to the horizontal and vertical curvature of the roadway and limited sight lines. Through the 1980's, 1990's, and 2000's several speed studies were requested on CSAH 1 with the latest occurring in 2004. None of the speed studies resulted in a change in the speed limit on this segment of CSAH 1. Given that this has been a historical issue for Eden Prairie and that it has been over 10 years since this issue was last reviewed it is appropriate to revisit the speed limit on the western segment of CSAH 1 at this time. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- RESOLUTION REQUESTING SPEED STUDY FOR CSAH 1 (PIONEER TRAIL) FROM DELL ROAD TO THE WEST CORPORATE LIMIT WHEREAS, the segment of CSAH 1 (Pioneer Trail) between Dell Road and the west corporate limit of Eden Prairie is the only segment of CSAH 1 in Eden Prairie posted at 50 mph; and WHEREAS, the segment of CSAH 1 between Dell Road and the west corporate limit of Eden Prairie contains several warning signs with advisory speeds of 40 mph or less due to the horizontal and vertical curvature of the roadway and limited sight lines; and WHEREAS, the segment of CSAH 1 between Shetland Road and the west corporate limit of Eden Prairie is the only unimproved segment of CSAH 1 in Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that Hennepin County and the Minnesota Department of Transportation are hereby requested to initiate and complete an appropriate speed study for CSAH 1 from Dell Road to the west corporate limit of Eden Prairie; and BE IT FURTHER RESOLVED that the City of Eden Prairie does not support a speed limit increase on any segment of CSAH 1 within the City of Eden Prairie. ADOPTED by the City Council on September 6, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: September 6, 2106 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Paul Schlueter Declare Surplus Equipment Fleet Services Requested Action Move to: Declare obsolete equipment as surplus property and authorize disposal through City approved methods. Synopsis The City currently owns a 1970s vintage lighted directional arrow sign trailer that is obsolete and no longer functional. The City Council also recently approved the purchase of some new and upgraded salt brine manufacturing equipment to replace some salt brine equipment that is old and outdated. Staff is requesting that these obsolete pieces of equipment be declared as "surplus property" so that Staff can pursue the auction and/or sale of this equipment. This equipment will be auctioned or sold in compliance with current City Purchasing Policy guidelines. Attachment Surplus Property List Surplus Property List September 6, 2016 Equipment & Miscellaneous Property: Item Quantity Description Estimated Value 1 1 Used 1970 electric arrow sign trailer SE: 192886 $400.00 2 1 Used VariTech salt brine manufacturing equipment $2,000.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda September 6, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 16-5927 ITEM NO.: VIII.J. Leslie Stovring Approve Professional Services Agreement Engineering the Fire Station 2 Water Reuse Project Requested Action Move to: Approve professional services agreement with SRF Consulting for the Fire Station 2 Water Reuse Project at a cost not to exceed $23,452. Synopsis The Metropolitan Council has awarded the Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) and City of Eden Prairie a grant for incorporation of a water harvesting and reuse system at Fire Station#2. This grant requires a$40,000 cost-share that will be split equally between the City and the RPBCWD. RPBCWD will take the lead on administration of the grant and design of the reuse system. SRF submitted a proposal to the City for work associated with administering construction of the reuse system, coordination with City staff for the in-kind labor requirement, incorporation of native landscaping into the final design, and preparation of educational messages for the native landscaping and water reuse system. Some of these items are a result of the cost-share grant agreement signed with the RPBCWD for the native landscaping portion of the project. The total out-of-pocket cost is estimated at $35,000 for the City with an additional $10,000 for in-kind labor. Funds will come from the stormwater and water utilities. Background On June 28, 2016, the Watershed District was awarded a Cost-Share Grant for installation of a water harvesting and reuse system at Fire Station 2. The project will include installation of a rainwater collection system, a disinfection system, and a cistern for water storage and distribution. Native plant landscaping will be installed over a portion of the area currently maintained as lawn. The water collected will be used to wash fire trucks and irrigate the newly landscaped areas. The City will provide construction administration for the reuse system and native plant installation, in-kind labor and development of education message boards. The RPBCWD will administer the grant and work with SRF to design the reuse system. Two grants have been awarded for this project. The Metropolitan Council grant for the reuse system is $99,287 and the RPBCWD cost-share grant is for$9,750 for a total grant award of$109,037. The total estimated project cost is $174,037. The City and RPBCWD will split the Metropolitan Council cost-share requirement, for approximately$20,000 each. The City also has a cost-share requirement for the RPBCWD grant of$15,000. The total out-of-pocket cost is estimated at $35,000 for the City with an additional in-kind cost of$10,000. SRF assisted with the grant procurement and will provide construction administration, oversight of the landscaping conversion to native plants and creation of educational signage to illustrate the pollinator habitat and how to incorporate water reuse for irrigation. Construction of the system and installation of the landscaping would start this fall and it is anticipated to be completed next spring. Funds would come from the stormwater and water utilities. Attachments • Professional Services Agreement • Grant Application Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 6th day of September , 2016 between the City of Eden Prairie, Minnesota (hereinafter"City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc. , a Minnesota Corporation (hereinafter "Consultant") whose business address is One Carlson Parkway North, Suite 150, Plymouth, MN, 55447 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 Fire Station 2 Rainwater Collection and Reuse and Landscaping 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( dated August 25, 2016 ) 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 September 6, 2016 through June 30, 2014 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 $23,452 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 Standard Agreement for Professional Services 2014.04 Page 2 of 8 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 Walter Eshenaur 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 Standard Agreement for Professional Services 2014.04 Page 3 of 8 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 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- Standard Agreement for Professional Services 2014.04 Page 4 of 8 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. AU polices, except the Worker's Compensation Policy, and Professional Liability 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. It shall be the Consultant's responsibility to notify City of policies cancellation, non- renewed or restrictive modifications, and coverage 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. 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. Standard Agreement for Professional Services 2014.04 Page 5 of 8 o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City,the City's officials,agents and employees from any loss,claim, liability and expense (including reasonable attorney's fees and expenses of litigation)to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents,employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity,the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation, or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed,taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold 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. Standard Agreement for Professional Services 2014.04 Page 6 of 8 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. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. Standard Agreement for Professional Services 2014.04 Page 7 of 8 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: SRF Consulting Group. Inc. By: r" 7e-c.igaZ Its: J.,,rd w1 Sirindr rd Agreement for Professional Services 2014.04 Page 8 of 8 tiI sIr.Nr M+ 101..all it (.111,Inn SAF P160586 August 25,2016 Ms. Leslie Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Subject: Proposal for Professional Services for Eden Prairie Fire Station#2 Water Reuse and Landscape Conservation Project Dear Ms. Stovring: Based on your request, SRF Consulting Group,Inc. (SRI) is pleased to submit this proposal to provide professional services for engineering, education materials development,and in-construction services for the water harvesting, reuse,and landscaping project at the City of Eden Prairie's Fire Station#2. The City and Riley Purgatory Bluff Creek Watershed District (RPBCWD),as the major grant provider for the project,will be partnered together to implement a rainwater collection and reuse system and to re- landscape the western half of the property as a demonstration of native and low maintenance plants.The overall project includes the following elements: • Landscape design is being completed by Applied Ecological Services (AES), • SRF will complete the portion of the project involving: o Design of the rainwater collection and reuse system. o Development of education content and signs that relate to both the water harvesting and reuse and landscaping plan. o Assist the City with landscaping plan review and construction observation of both components. The portion of our effort completed under this contract is found in the following Scope of Services, Scope of Services We propose that SRF perform project management,education material development,landscape support activities,and construction administration tasks under a contract with the City. We propose that SRF complete the rainwater collection and reuse preliminary and final engineering design under a contract with RPBCWD. www.srf cons uiting.cnni (tn.. l.unl'.wWA} h„rlit 15,4 I Warp.Ap.a(., %%N 1.41" III ' l'i.DIOIU l4r;72,I,,014:`I 4h 1,illull(l),rq+Hi11i1fY 'IprnV r Ms. Leslie Stovring August 25, 2016 City of Eden Prairie Page 2 The following detailed tasks comprise our proposed work under the City contract. 1. Project Management a. Prepare for, attend, and provide minutes for three meetings and provide project coordination. b. Conduct one site visit prior to commencing design activities. 2. Educational Material Development for the Rainwater Collection and Reuse System a. Design one electronic visual display such as water level meter and/or Variable Message Sign (VMS) for the public to view the system's operation. The water level indicator would be located on or near the tank and the VMS would most likely be located inside the building such that it could be read from outside. b. Design educational flyers or mailing inserts (up to two),including content and graphic design for the reuse system.We will also design one large"podium style" educational sign dedicated to the reuse system.During design, the Watershed District and City will have an opportunity to review and comment. c. Coordinate and assist with a stakeholders planning meeting and assist the City and RPBCWD with targeted social messaging. SRF will develop and provide content for publishing on City and RPBCWD websites and Facebook accounts. 3. Educational Material Development and Support Activities for Landscaping a. Develop draft educational content for two "podium style" signs that describe how homeowners can implement native landscaping,and create up to six small directional or plant identification signs. Work with the City and RPBCWD to review and finalize the content and layout. b. Work with the City to confirm external site furnishing brands and models and prepare a simple plan with details for site furnishings and placement. Site furnishings include two benches, a bike rack,and a waste and recycling receptacle. c. SRF staff will perform one plan review during the design phase of the native landscape. We understand that AES will complete the landscaping design and assist the City with bidding and contractor selection. 4. Construction Administration a. Assist the City and RPBCWD to bid the water reuse portion of the project, select the successful contractor, and complete the contract. b. Conduct a shop drawing review of the reuse project components. c. Complete up to eight site visits during construction. Three of the eight site visits will be by a licensed landscape architect specialized in native vegetation during construction. Construction observation will be conducted at the City and RPBCWD's discretion but would most likely occur: - During reuse system installation (three visits,one of which would be the pre- construction meeting) Ms.Leslie Stovring August 25,2016 City of Eden Prairie Page 3 - During internal plumbing system installation (one visit) - Commissioning of the packaged pump and filtration system (one visit) - At beginning of planting operations to ensure correct materials are on hand and ensure contractor understanding (one visit) - During landscaping construction to verify correct installation and placement (one visit) - At end of construction for a substantial completion review(one visit) Assumptions • One meeting will serve as a combination kickoff and content creation brainstorming session to determine educational material, sign types and placement,and furnishings placement. • Content review by the City's Communications Department and RPBCWD will occur before graphic design. • RPBCWD-and City-developed logos and icons related to the intent of this project are provided. • Structural details for signs will be completed by the manufacturer and reviewed by SRF. • Large signs will be on a 48-inch by 24-inch cantilevered and embedded mount. • Size and style of the smaller directional or plant identification signs will be determined during design. • Site furnishing placement will be based on AES landscape designs. The City will obtain and provide AES CAD files to accurately place the furnishings. • If desired, the RPBCWD or City will contract with a local artist to illustrate the rainwater collection tank in conjunction with the water usage signage. • Construction will occur in 2017. • This proposal was developed using the most recent landscaping renderings received from the City. If there are significant changes to the landscaping,we will review the work with the City to determine if changes to our scope are necessary. Schedule We will complete this work within a mutually agreed-upon time schedule that is synchronized with the rainwater collection and reuse, and landscaping design and construction schedule.The overall schedule provided to RPBCWD for submission to Met Council is attached. Basis of Payment/Budget We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses, such as printing, supplies,reproduction, etc.,will be billed at cost, and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. Based on our understanding of the project and our scope of services,we estimate the cost of our services to be $23,452,which includes both time and expenses.A detailed breakdown of our proposed budget is attached. Ms.Leslie Stovring August 25,2016 City of Eden Prairie Page 4 Changes in the Scope of Services It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out-of-scope work is initiated,however,we will submit a budget request for the new work and will not begin work until we receive authorization from you. Acceptance/Notice to Proceed A signed copy of the City of Eden Prairie Standard Agreement for Professional Services,as modified and attached,will serve as acceptance of this proposal and our notice to proceed.The email address is wcshcnsurOsrfconsulting.com. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information, Sincerely, SRF CONSW.I1NG GROUP,INC. • fLO(14. r A Walter Eshenaur,PE (MN ND) David W. Filipiak,PE (MN),CFM Senior Associate Principal WE/DWF/ld Attachments This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. .SAitiar'kethg\lr*o.rrrtr\2OJ6 izflerProporedAP160586 f•52 Elul Fnrrrie rldnr.dxv Riley Purgatory&Ruff Creek watershed District Project:Eden Prairie Fire Station N2 Rainwater Harvesting and Reuse Proposed Project Schedule 201.1 2017 Task May lune July August September October November December January February Mardi Aprll May June I Gran[wR[irhyWnding procurement --+.. R --.--� _—_—•—1 . Grun[wntractdeveI!pment approval _.--_ - ,---� RP&C4yp MaMISemnx Plan amendment approYal 1 Engineer n&design,bed documents1 r • �. --- EdYd e M g g p1 anN I r pnalmsa _ �� — r— - —.rg,stakeholder Involvement 1 r W Educatlonal maeNrtalslmeysa6eslsl8n design -- i--'——�- — 01d a ding,prepackaged system IN educa[Ipnal matetiak procurement — ---- , Cpnswctkn I -_ — __ 1 —_. —I .�, - r System commissioned,[ested.Placed en line I _ - 1 4`L actseeme Pape r el SRF Consulting Group,Inc. Work Tasks and Person-Hour Estimates Client• City of Eden prairie iti it4 g Project Fire Station#2 Rainwater Collection and Reuse and Landscaping Consulting Croup.Inc. P16p)(10( Subcansultants: TASK NO. SUMMARY OF TASKS Project Overview; 1.0 Project Management Fire Station 2 rainwater collection and muse.and landscaping design,educational materials,landscaping supper,and CA. 2.0 Educational Materials Far Rainwater Collection and Reuse System 3.0 Landscaping Support 4.0 Construction Administration SRF Consulting Group,Inc. Work Tasks and Person-Hour Estimates Client: gm'� Client: City of Eden prairie Project Fre Station#2 Water Harvesting and Reuse consulting Group.Inc. P180/00( TASK H0. TASK DESCRIPTION PRINCIPAL SR.ASSOC. SR.ASSOC. SR.ASSOC ASSOCIATE ASSOCIATE EROF. PROF. TECHNICAL GRAPHICS TOTALS EST.FEE Filpiak Esnenaur McHenry Crosby lergens Gifford McliiL lasperspn Anderson Kozicky 10 Project Management Assumptions See letter proposal for assumptions 11 Meetings(3),preparation,followup,project coordination ❑ 8 0 0 4 12 0 0 0 0 24 S2,928 1.2 Slte Visit 0 1 ❑ 0 1 1 1 1 0 0 5 S547 SRF Deliverables: SUBTOTAL-TASK 1 0 9 0 0 5 13 1 1 0 0 29 $3,475 Z❑ Educational Materials For Rainwater Collection and Reuse System Assumptions: See letter proposal for assumptions Client Deliverables: Z1 Water Usage Controls/LED Signege 0 2 4 0 0 4 2 S U 6 25 S3,118 2.2 Signing.Content and Graphic Design 0 2 O 0 0 4 2 0 0 12 20 S2,404 2,3 Flyers/Mailing,Content and Graphic Design ❑ 2 0 0 0 4 2 0 0 8 14 31.648 2.4 Stakeholder planning meeting.targeted social messaging 0 2 0 ❑ 0 10 0 0 0 6 18 S2,122 SRF Deliverables Graphics and details needed for variable message signing SUBT❑TAL-TASK 2 ❑ a 4 0 0 22 6 8 0 30 76 $9,290 a7P0 e Pr SRF CONSULTING aRouP,INC. ENGNEERS ARO PLAIpNERS MINKAPOLIS.MN WASr5016 Pago7 era SRF Consulting Group,Inc. Work Tasks and Person-Hour Estimates Client: City of Eden prairie 111:1 E.i Project: Fire Station#2 Water Harvesting and Reuse Consulting Group,Inc. P160XXX TASK NO. TASK DESCRIPTION PRINCIPAL SR.ASSOC. SR.ASSOC. SR.ASSOC ASSOCIATE ASSOCIATE PROF. PROF_ TECHNICAL GRAPHICS TOTALS EST.FEE Filip,ak Eshenaur McHenry CPOb-r Jelseng Gifford McGinn .1 perees Anderboe KoaQlti 3A Landscaping Support Assu Onions: See letter proposal for assumptions C1 ient Deliverables: AES CAD files 3.1 Educational materials content creation for landscaping 1 1 0 0 8 4 0 0 0 2 16 11.877 3.2 Graphic design of signs for lenrrscaPing 0 1 0 0 2 2 0 ❑ 0 12 17 $2,093 3.3 Site furnishings.placement and design 0 0 0 8 0 0 0 0 8 a 1B 5L392 3.4 landscaping plan review 0 1) 0 0 4 0 ❑ G a O 4 $432 SRF Deliverables: Educational materials Sign design Site furnishing design and plans SUBTOTAL-TASK3 1 2 0 S 14 6 0 0 8 14 53 65.794 4,0 Construction Administration Assumptions: See letter proposal Tar asstrriptlons 4,1 Bidding 0 1 0 0 0 42 Contracting 0 ❑ ❑ 0 0 1 0 0 a 0 4 5476 1 3225 4.3 Shop Drawing Review 0 1 i 0 0 3 6 1 Q 0 7.2 51225 4,4 consurictibn Observation O 1 0 O 6 le 0 0 0 0 23 $2497 4.5 Pay Applications 0 0 0 0 0 4 0 0 0 0 4 5424 SRF Deliverables: Shop Drawing Ravlews,construction observation notes,approved pay applications SUBTOTAL-TASK 4 0 3 1 0 6 27 6 1 0 0 44 64,723 TOTAL ESTIMATED PERSON-HOURS 1 22 5 S 25 e8 1.3 10 S 44 204 AVERAGE HOURLY BILLING RATES $184 5153 5169 $109 5108 5106 581 $99 $65 $126 E811MATED LABOR AND OVERHEAD 6184 53,356 584E 5872 $2,700 57,208 51,053 5990 S520 85,544 523,282 ESTIMATED DIRECT NON-SALARY EXPENSES 5170 TOTAL ESTIMATED FEE 323.4571 ESTIMATE OF DIRECT NON-SALARY EXPENSES MILEAGE Personal Vehicles 315 Miles G 50.540 $170 REPRODUCTION: Copy Duplication 0 Copies 9, 5010 SO Color Conies 0 Copies S $0.35 S❑ Bond Prins 0 Prints 6 $6.00 5O Mylar Prints 0 Prints a, 612.00 $0 COURTHOUSE COPIES.. Cl Copies 0 51.00 $O PRINTING: SUPPLIES: $0 COMMUNICATIONS: Mail,Express,Etc. $0 30 Cell Phone Charges 0 Minutes @ 60.30 $0 SUBCONSULTANTS: 5O ESTIMATED DIRECT NON-SALARY DPENSES 8170 i SRF C❑NSLiTING GROUP,INC ENGNE17i5ANO PtANN5 iS MINNE4POLIS-MN MN METROPOLITAN COUNCIL STORMWATER GRANT APPLICATION Riley Purgatory Bluff Creek Watershed District RILE PURGATORY BLUFF CREEK Project Summary WATERSHED DISTRICT Project Title Project Goal and Objectives Fire Station #2 Water Harvesting and Reuse The overall goal of this project is to reduce the City's reli- ance on a limited groundwater resource for non-potable Partner uses. City of Eden Prairie— Supporting objectives of this project are Departments of Public as follows: , , Works, Fire, Community „, EDEN Development, and Parks and 1. To visibly demonstrate how rainwater •�fi Recreation can be easily collected and reused with PRAIRIE a novel yet simple collection, treatment, pana�,a and distribution system. 2. To demonstrate the potential for replication of small Project Description rainwater harvesting and reuse on public buildings. The Riley Purgatory Bluff Creek Watershed i District (RPBCWD), in partnership with 3. To provide public education opportunities to learn � the City of Eden Prairie (hereinafterii about reducing reliance on the City's drinking water• aqui- referred to as City), are proposing to retro fer, while at the same time decreasing stress on sensitive irrwfit Fire Station #2 with a rainwater collec surface water resources. tion system that will be used for irrigation, 9oanwater Peu� fire truck washing, and fire trunk tanker Project Outcomes filling. This project will include the following components: The following outcomes of this project will benefit sensi- • Rainwater collection system including gutters, down— spouts, pre-filter, and pipes to convey rainwater to a 1. Conservation of the groundwater aquifer that provides storage tank drinking water for the City. It is estimated that over 41,000 • Above ground UV resistant 7,500 plastic storage tank gallons of municipal drinking water will be conserved on • Pump to provide pressure to distribution points average each year by converting to the rainwater reuse system. • Filtration and UV disinfection system designed to meet Minnesota Plumbing Code for internal use 2. Reduction of sediment laden runoff entering the • Distribution plumbing and connections to planting bed Minnesota River from Purgatory Creek, in an effort to irrigation system address the dissolved oxygen total maximum daily load (TMDL) goal for the Minnesota River. • Distribution plumbing and faucets inside the fire sta- tion building for truck washing and tanker filling 3. Reduction of runoff volume to Lower Purgatory Creek, • Controls and human interface that provides real time which is a high risk, poor health reach (see attached water usage information Purgatory Creek assessment brochure). • External and internal educational signage and displays, 4. A public that is better informed on water resources and numerous public and professional demonstration issues, who can witness firsthand how their own City is opportunities addressing them, and how easy it is to do the same at the years indicates that on average, 666,000 gallons per year individual and household level. (12,800 gallons per week) are utilized at Fire Station 2. Approximately 800 gallons per week are consumed for Project Details truck washing and tanker filling, and as much as 12,000 For the past few years, the RPBCWD has gallons per week for irrigation. This of course depends been bringing awareness to the use of on the number of fire calls and the demand for irrigation based on weather. Very little is used for other potable our limited drinking water supply. In addi demands such as drinking and toilets because the fire tion the City has undertaken a number of water conservation projects on public station is not staffed on a daily basis. property in effort to limit the growth and Fire Station 2 is located in a quiet residential neighbor- reliance GaNen on drinking water for non-potable hood at the corner of Sunnybrook Road and Homeward use. These efforts have been focused primarily on reduc- Hills Road. A location map is attached as Figure 1 and a ing the need for irrigation within City properties by con- site plan for the rainwater harvesting system is attached verting irrigated grass to native plantings or to low-mow as Figure 2. This location is highly visible not only to turf. The City has also sought other means to reduce the surrounding neighborhood but is also adjacent to an non-potable uses by encouraging green developments active trail system that parallels Homeward Hills Road such as Eden Gardens and implementing a number of and is located between two city parks. It is an excellent water-conservation rebate programs targeting residents. central location for an education program that will engage _ - residents and visitors to understand the importance of ::' 4 water conservation and how residents can be part of the solution. .��.rsy+r,�rr y .fPe "6'; Following each fire call the trucks are • _ w : . washed and, if necessary, their tanks are• =` ;,b•. refilled. A large lawn area surrounds the -�• ..c���, : _ ._ 9 • fir- g lehh.. --` //��\\ , fire station where the City has initiated 1) the process of converting portions of the r . . lawn to low mow turf and native plant- Po a,a�Na,aAa„ ing areas that will over time require less . . —lir.— maintenance and watering. The landscaping project will '. be funded through a separate RPBCWD/City partnership. • However, irrigation using the capture and reuse water of select areas of the new landscaping is included in this Met Council Stormwater Grant application. The City has recently identified a unique project that would lessen groundwater consumption and increase Figure 2 provides a concept site plan for the rainwater har- awareness on groundwater use. The City's fire stations vesting, treatment, and distribution system. Preliminary use drinking water for irrigation, truck washing, and for design details are as follows: filling tankers, in addition to the normal potable uses. The • Installation of approximately 280 ft of gutters around fire stations are metered and water use has been tracked the 7,685 square foot roof.The gutters will direct runoff for the past 11 years (2004-2015) in order to understand to a pipe system that conveys water to a pre-filter.The the various usage volumes. Fire Stations 2, 3, and 4 were pre-filter removes the majority of debris before the reviewed for the potential of specific non-potable use for water enters the storage tank. irrigation, truck washing, tanker filling, and for ease of retrofitting the building to accommodate rainwater collec • A 7,500 gallon storage tank designed to fulfill approx tion, treatment, and distribution. While all the fire stations imately 98% of irrigation, truck washing, and tanker are suited for retrofitting, Fire Station 2 was selected as filling demand for an average rainfall year. the City's first capture, reuse, and groundwater conser- • A 25 gpm pump and filtration system that pumps rain- vation project. Water demand analysis over the past 11 water from the storage tank and filters it to Minnesota MINI 2 Plumbing Code water quality standard of <1 NTU tur- Key Novel and Innovative bidity with a 1 micron finishing filter. Components of the System • An Ultra Violet(UV)disinfection system that is designed This water harvesting and reuse system will serve as a for 0.5-log inactivation of viruses. retrofit to Fire Station 2 for both outside and inside use. • A retrofit connection to the irrigation system that This novel approach serves not only as a visual educa- covers approximately 2,100 square feet of landscap- tional and demonstration opportunity, but also will show- ing. (This is not the entire lawn area but just what is case water reuse inside a building that is not common in planned for re-landscaping.) Minnesota. Both the RPBCWD and the City believe that • An internal separate plumbing system that conveys this system will demonstrate how easily a retrofit can be treated water into the wash bay of the fire station. implemented to harvest and reuse rainwater. For exam- Separate fixtures will be used for rainwater and munic- ple, during the spring, 2016 semester two University of ipal water so as to avoid cross connections. Minnesota civil engineering graduate students conducted • A control system that determines when rainwater is a technical analysis and determined that Fire Station 3 is available and starts the pump on demand or switches a prime site for replication of the water harvesting and to municipal water if the storage tank is empty. reuse system. • A control interface that provides information on overall Many opportunities exist for an effective educational rainwater and municipal water usage and provides component of the Fire Station 2 retrofit. Numerous acti- controls for the pump and filtration system. vates that showcase the system will be organized, includ- • Educational signage both outside and within the build- ing annual fire station open houses for the neighborhood ing showing a schematic of the system and how it and public tours by either the RPBCWD or the City so operates. that the public can learn about ways to become better water stewards. Other educational opportunities will also be made available, such as tours for professionals during conferences and workshops, tours during training of water system operator events held at the City, interde- partmental training, and through the City and RPBCWD newsletters. Water reuse has recently been included in the City rebate program and the RPBCWD considers water reuse as an important quality when considering cost share grant applications. This is a great opportunity that can be duplicated within and outside Eden Prairie that can have a great impact in increasing groundwater conservation practices. �� 3 „ ,, , coc„, 0 . ,, 0 ,_ 3- 6 ,-.Q. ,,d ,- lc.), Q DARNF'\” J WATER FOR DS)RD --}) HARVARD A E. = PRESERVE YQ N •c, % ci 'fC_ ��O• �� • .GE VIEW VAN °Q� �'� o °C. CORNELL/CT.A\I Q • Li' PRI/V _ a \EPI\ ��, = B HOP' LP H NI I CAL_ ���`r) w CT. su 1A eR��` Ro. �EGE o 1 �' Mo o 0�° zw o �Nr I 69. o NODR G, EEKWoOOC2 o . n DR. J CT W --e)� aY w = SPI g � R _1 v o c> p1 3 FIRE STATION 2 gPROJECT LOCATION 1 1 III LOCATION MAP Are Station 2 Water F+anresting and Reuse Awe 1 Coneultlng Group,Inc Eden prairie,rle,mange a Job# 5/10/2016.12:02PM . .4. ...i., _ : . Asp :"Iti,. , 4 ... . . ... . • : I ii.. . u . ,,i . .:,.:: ar h r a t ;La.'" j!..:1..i..,.... , .. .ir D _i iL, , AF NI i'cy * PROPOSED r - e. \ a T p NATIVE LANDSCAPING V •t ' 'I _� / 1. :L- ' .. (IRRIGATION) •Z + 1� ,. •�' r �}` `• 1 _{ 1'• f�L' • • •y f •-" .1' 1 PUMP,FILTER, •7.,p^' , r ,Flo I - _ r DISINFECTION W • 1w� o ! �' _ Lam•: SYSTEM • r a ,M Q cwatn,uaa„ 4 - FIRST FLUSH PRE-FILTER • III ; . 14.4. © rar�r..,r..,,.'. 0 ....ce. e. } - - -•� GUTTER la 1 • Q Amo.011 a 4...Mk i.p-W..0..... f. S! / 7,500 GAL TANK l L w w ,�r• PROPOSED r i } screenw..,rwm,wa NATIVE LANDSCAPING • 1 0 (IRRIGATION) ► - '{1 !It f� r ..,-.----..-. -.:Lt I,lit..4..4. 1 . ..'i.311.1...V.,-..• L rr. - NI - t:�• •a. GUTTER , i-' _ , GUTTER �� IC, ;] - :. - r i FN r II • 4�. ¢.. t ! y 5,,•"a II — 1 i-" 5 ��' . '1 ,.C'I'* +{ '`..561;cS1•L.1s2',4,. COMMUNITY PATH _ ~y r 1 : . e . ` ; 1` . / -!.••LLL,!t.;.,'-"..'''.I4 r.•''.; - • , - ti � ,.� � � 1,y�. lilt , �., 4i "Z1' ►F A'' 6"., ..4..X..-.12•..!` `4 ..,.4. '! I0,_ • .1;: . . v1'r,•. •'./,...c.-ri/•r''•• r.,...g-.-,..i0•-4o i1ts11,. 3 yl t °. PROPOSED - II ` i- ' ,. - m NATIVE LANDSCAPING 3 (IRRIGATION) - - •' "l • . - 1 SITE AN it,4 Fire Station 2 Water Ha vesting and Reuse Fglre 2 Consulting Group,Inc Eden PfHirie,Minnesota Job# 5/10/2016-3:04PM Riley Purgatory Bluff Creek Watershed District Project: Eden Prairie Fire Station#2 Rainwater Harvesting and Reuse Proposed Project Schedule 2016 Task May June July August September October Grant writing/funding procurement Grant contracts Engineering,design,construction docs _ Educational materials/signs developed Bidding, prepackaged system procurement,construction System commissioned,tested, placed on line Riley Purgatory Bluff Creek Watershed District Cost Estimating Worksheet for Met Council Stormwater Grant Project: Eden Prairie Fire Station#2 Rainwater Harvesting and Reuse Labor Costs(Contractors,Consultants,In-Kind Labor) Service Provider Task #hours Rate/Hour Requested Funds from Matching/ Total MetCouncil In-Kind Funds Stormwater Grant Contractor Install 7500 gallon above ground plastic water tank,pre-filter,and plumbing $ 8,975 $ 1,000 $ 9,975 Install 25 gpm pump,controls,plumbing, Contractor human interface $ 15,644 $ 1,000 $ 16,644 Contractor Install filters and disinfection system(UV) $ 5,840 $ 1,000 $ 6,840 Install gutters and rainwater conveyance Contractor system $ 2,021 $ 1,000 $ 3,021 Contractor Install educational materials and signage $ 920 $ 1,000 $ 1,920 City of Eden Prairie Install external and internal plumbing 260 $ 20 $ 2,787 $ 2,413 $ 5,200 System design,educational materials development,construction Consultant administration. 212 $ 100 $ 21,200 $ 21,200 Total: $ 36,187 $ 28,613 $ 64,800 Project Materials Materials Unit Costs Total#of Units Requested Funds from Matching/ Total MetCouncil In-Kind Funds Stormwater Grant Contractor 7500 gallon above ground plastic water tank,pre-filter,and plumbing $ 16,500 $ 1,000 $ 17,500 Contractor 25 gpm pump,controls,plumbing,human interface $ 28,200 $ 1,000 $ 29,200 Contractor Filters and disinfection system(UV) $ 11,000 $ 1,000 $ 12,000 Contractor Roof gutters and rainwater conveyance system $ 4,300 $ 1,000 $ 5,300 Contractor Educational signage 3,100 $ 400 $ 3,500 City of Eden Prairie External and internal plumbing $ 5,400 $ 5,400 Total: 63,100 $ 9,800 $ 72,900 (A)Total Requested Funds from MetCouncil: $ 99,287 (Labor+Project Materials) (B)Total Matching/In-Kind Funds: $ 38,413 (Labor+Project Materials) (C)Project Total: $ 137,700 CITY COUNCIL AGENDA DATE: SECTION: September 6, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 12-5821 ITEM NO.: VIII.K. Leslie Stovring Adopt the Local Water Management Engineering Plan (LWMP) Update Requested Action Move to: Adopt the Local Water Management Plan Update and Approve submittal of the plan to the Watershed Districts and the Metropolitan Council. Synopsis Minnesota Rules 8410 has a requirement that local government units update their Local Water Management Plans (LWMP)to conform to the Water Management Plans that have been developed by the local watershed districts. This LWMP update meets this requirement. The public comment period for the LWMP update was closed on November 2, 2015. Comments received were incorporated and the Capital Improvement Plan(CIP) was updated and distributed to the Watershed Districts to ensure that all comments were adequately addressed. The major funding source for the CIP will be the stormwater utility fund with supplemental funding from sources such as the Watershed Districts and the Water Utility Fund. Background Information The LWMP was developed to consolidate information on our overall surface water management objectives, including management of our lakes, wetlands, stormwater ponds and creeks. The LWMP is also intended to meet the requirements outlined in the Water Management Plans developed by the Watershed Districts within the City as well as provide the City the opportunity to review our local controls and water resource management activities. An Implementation Plan and Capital Improvement and Funding Plan are included in the LWMP. Administrative and regulatory requirements have changed since 2008, including items such as stormwater utility fee changes, city code revisions, Water Management Plan updates and implementation of the Riley- Purgatory-Bluff Creek Watershed District rules. Each of these was evaluated for the update. The CIP includes specific projects as well as general funding for water quality improvement programs and projects from 2016 through 2026. The final report will be submitted to local, county and state agencies as required, including the Metropolitan Council, Hennepin County, Board of Water and Soil Resources, and the Riley-Purgatory-Bluff Creek,Nine Mile Creek and Lower Minnesota River Watershed Districts. The City has begun the process of updating the Comprehensive Guide Plan. As a part of this process, the City will need to review the LWMP to determine if any changes would be required. Attachment Local Water Management Plan Local Water Management Plan August 2016 I. r rr _ r * `N6 rye G l 1',� Z .., g F p 1 !V 1V Irt • YI- 41r /10.40.4...‘ ._....._ r..:.. 7.1.:7: .. ... i 1, =� - - Iiiiloo, �.;r•�. . = ems- _ City of Eden Prairie, Minnesota RN 8080 Mitchell Road Eden Prairie, MN 55344EDEN 952-949-3000 PRAIRIE edenprairie.org LIVE•WGRK•DREAM City of Eden Prairie, Minnesota Local Water Management Plan Adopted August 16, 2016 -fir tit �. 0 .- 0 -, COUNCIL: .'+ " ( . i , Nancy Tyra-Lukens, Mayor - 1 ,d i �w Brad Aho ;'s • _+ wpit i01'! Sherry Butcher Wickstrom - Ron Case - iii. III Kathyelson �}�, F J y 1 ft'r ;a 1 ' • � l— ;:‘ 1' t \IJ :i I ''' CONSERVATION COMMISSION: ^ '' 1, . +r i� ' Greg Olson Chair a. I Laura Jester,Vice Chair ` �� a > '�� i If � Prashant Shrikhande \ x �� �E '" Lori Tritz ° �� ' .t• i� i;• i, ; ,#;op 1 Ii P�, Amanda Anderson `_-: 1111 , X --;Gena Gerard �, I I,, irr'sa � f j�(fr '€ 1.11 STAFF: / ^ _ , s/ i4 Leslie Stovring, Environmental Coordinator Robert Ellis, Public Works Director Rod Rue, City Engineer David Modrow, Water Resources Engineer Julie Klima, City Planner Tania Mahtani, Planner Rick Wahlen, Manager of Utility Operations Rick Getschow, City Manager PHOTOS: City of Eden Prairie WENCK ASSOCIATES, INC.: VA&V Prepared by: Diane Spector, Project Manager WENCK Associates,inc. Todd Shoemaker, P.E. WENCK 1800 Pioneer Creek Center Maple Plain,MN 55359 Kirby Templin, P.E. ® Phone:763-479-4200 Re=Po=�e Pae. File 0094-31 E%Cep"o,l outcomes Fax:763-479-4242 Table of Contents ACRONYMS EXECUTIVE SUMMARY 1.0 INTRODUCTION 1-1 1.1 Purpose 1-1 1.2 Relationship to Other City Plans 1-1 1.2.1 Local Drainage Plan Update 1-1 1.2.2 Comprehensive Wetland Protection and Management Plan 1-1 1.2.3 Storm Water Pollution Prevention Program 1-2 1.3 Relationship to Other Plans 1-2 1.3.1 Metropolitan Council Water Resources Policy Plan 1-2 1.3.2 Minnesota River Basin Plan 1-2 1.4 Relationship to Other Regulatory Agencies 1-3 2.0 REGULATORY FRAMEWORK 2-1 2.1 Eden Prairie Ordinances and Policies 2-1 2.2 State Agency Regulatory Framework 2-1 2.2.1 Metropolitan Council (Met Council) 2-1 2.2.2 Minnesota Pollution Control Agency (MPCA) 2-2 2.2.3 Minnesota Department of Health (MDH) 2-2 2.2.4 Minnesota Department of Natural Resources (DNR) 2-2 2.2.5 Watershed Districts 2-3 2.3 Water Resource Related Agreements 2-3 2.4 Wetland Conservation Act 2-5 2.5 Relationship to NPDES Stormwater Permit 2-5 2.6 Use Attainability Analyses/TMDLs 2-5 3.0 WATER RESOURCES INVENTORY 3-1 3.1 Physical Environment 3-1 3.1.1 Geology and Soils 3-1 3.1.2 Climate and Precipitation 3-1 3.2 Biological Environment 3-3 3.3 Human Environment 3-3 3.3.1 Land Use 3-3 3.3.2 Parks, Open Space, Recreational Facilities 3-6 3.3.3 Pollutant Sources 3-6 3.4 Watersheds 3-6 3.4.1 Riley-Purgatory-Bluff Creek Watershed District 3-7 3.4.2 Nine Mile Creek Watershed District 3-9 3.4.3 Lower Minnesota River Watershed District 3-9 3.5 Surface Water 3-9 3.5.1 Lakes 3-9 3.5.2 Streams 3-12 3.6 Groundwater 3-13 3.7 Flood Data 3-13 3.7.1 Floodplain 3-13 3.7.2 Localized Flooding Issues 3-13 i August 2 0 1 6 Table of Contents 4.0 ASSESSMENT OF PROBLEMS, ISSUES AND REQUIREMENTS 4-1 4.1 Stormwater Pond Inventory and Assessment 4-1 4.2 Wetland Inventory 4-5 4.3 Hydrologic Modeling 4-5 4.4 Problems, Issues and Requirements Identification 4-6 5.0 GOALS AND POLICIES 5-1 5.1 Goals and Policies 5-1 5.2 Relationship to Other Agencies' Goals and Policies 5-4 6.0 IMPLEMENTATION PLAN 6-1 6.1 Implementation Plan Prioritization 6-1 6.2 Permitting and Enforcement 6-1 6.2.1 Current Ordinances 6-1 6.2.2 NPDES Permit Implementation Requirements 6-2 6.2.3 Watershed District Requirements 6-2 6.2.4 Ordinance Revisions 6-7 6.3 Implementation Programs and Projects 6-7 6.3.1 Education and Outreach 6-7 6.3.2 Maintenance and Operations 6-8 6.3.3 Capital Projects 6-8 6.4 Addressing Identified Problems and Issues 6-8 7.0 FUNDING CONSIDERATIONS 7-1 7.1 Stormwater Utility Fees 7-1 7.2 Watershed District Funding 7-1 7.3 Other Funding Sources 7-1 8.0 PLAN UPDATES 8-1 8.1 Watershed District Plan Amendments 8-1 8.2 Public Requests 8-1 8.3 Routine Updates 8-1 9.0 PLANNING PROCESS 9-1 10.0 REFERENCES 10-1 TABLES Table 2.1. Impaired Waters in Eden Prairie. 2-6 Table 2.2. Lake Use Attainability Analyses (UAAs). 2-6 Table 3.1. Climate and precipitation data at Chanhassen, 1981-2010. 3-1 Table 3.2. 2010 land use in the City of Eden Prairie. 3-3 Table 3.3. Watershed districts within Eden Prairie. 3-7 Table 3.4. Water quality standards for lakes in the North Central Hardwood Forest Ecoregion. 3-10 Table 3.5. Characteristics of Eden Prairie lakes. 3-10 Table 3.6. Major streams in Eden Prairie. 3-12 Table 4.1. Basins for which an inventory and assessment have been completed. 4-2 Table 4.2. Identified problems, issues and requirements. 4-7 ii August 2 0 1 6 Table of Contents Table 6.1. Watershed district standards compared to current Eden Prairie ordinances. 6-4 Table 6.2. Implementation actions addressing identified problems and issues. 6-9 Table 7.1. Eden Prairie Stormwater Utility rates for 2016. 7-1 FIGURES Figure ES.1. City of Eden Prairie location map vii Figure 2.1. Watershed Management Organizations in the city of Eden Prairie. 2-4 Figure 3.1. City of Eden Prairie Hydrologic Soil Groups. 3-2 Figure 3.2. Eden Prairie 2010 land use and 2020 MUSA limits. 3-4 Figure 3.3. Eden Prairie 2030 land use. 3-5 Figure 3.4. Watershed Management Organizations with land in Eden Prairie. 3-8 Figure 3.5. Lakes and streams in Eden Prairie. 3-11 Figure 4.1. Inventoried stormwater system basins as of 2014. 4-3 Figure 4.2. Pond Inventory Program phases as of 2015 4-4 Figure 4.3. Eden Prairie HydroCAD models. 4-6 APPENDICES Appendix A: Hydrologic Modeling Results Appendix B: Lakes Information Appendix C: Budget and Capital Improvement Program (CIP) Appendix D: Stream Assessment Technical Memo Appendix E: Comments and Responses Hi' August 2016 Acronyms AIS Aquatic Invasive Species BMP Best Management Practice BWSR Board of Water and Soil Resources cfs Cubic feet per second cfu Colony-forming unit Chl-a Chlorophyll-a CIP Capital Improvement Program CWPMP Comprehensive Wetland Protection and Management Plan DNR Department of Natural Resources DO Dissolved oxygen ELC Environmental Learning Center EPA or USEPA US Environmental Protection Agency F-IBI Index of Biotic Integrity for fish JPA Joint Powers Agreement LA Load allocation LGU Local Government Unit LMRWD Lower Minnesota River Watershed District LWMP Local Water Management Plan MCM Minimum Control Measure mg/L Milligrams per liter Met Council Metropolitan Council M-IBI Index of Biotic Integrity for macroinvertebrates MOU Memorandum of Understanding MPCA Minnesota Pollution Control Agency MS4 Municipal Separate Storm Sewer System NMCWD Nine Mile Creek Watershed District NPDES National Pollutant Discharge Elimination System NWI National Wetland Inventory RPBCWD Riley-Purgatory-Bluff Creek Watershed District SD Secchi depth or Secchi disc SWPPP Storm Water Pollution Prevention Program TMDL Total Maximum Daily Load TP Total phosphorus TSS Total suspended solids UAA Use Attainability Analysis µg/L Microgram per liter WD Watershed District WLA Wasteload allocation WMO Watershed Management Organization WOMP Watershed Outlet Monitoring Program iv I August 2 0 1 6 Executive Summary The City of Eden Prairie, Minnesota is located in southern Hennepin County(see Figure 1.1). It is bordered on the east by the Cities of Bloomington and Edina;on the north by Minnetonka;and on the west by Chanhassen. Its southern border is the Minnesota River.The City has land in five watersheds that are within three watershed districts: Riley-Purgatory-Bluff Creek; Nine Mile Creek; and the Lower Minnesota River Watershed Districts. This Local Water Management Plan (LWMP)was prepared in conformance with Minnesota Statutes 1036.235 and Minnesota Rules 8410.This plan is intended to provide the City of Eden Prairie with information and direction in the administration and implementation of water resource management activities within the City during the period 2016-2025. It serves as a guide to projects, provides for effective allocation of resources, and sets forth a funding plan for projects and programs over the next 5 to 10 years. A number of water resources-related problems, issues and requirements were identified in this planning process. These include: A Some of the lakes and streams in the City do not meet the state's water quality standards for recreation and aquatic life. A The reissue of the State of Minnesota's NPDES General Stormwater Permit in 2013 requires local governments such as Eden Prairie to adopt and enforce standards for development and redevelopment which limits stormwater runoff from sites over one acre in size. A New or expanded maintenance and administrative responsibilities are required in the NPDES permit to control runoff and protect and improve water quality from municipal facilities. A New invasive aquatic vegetation and aquatic invasive species have been identified in the City and in adjoining municipalities which will require new or expanded monitoring or maintenance. A New and updated Watershed District Rules and Standards have been implemented that require City ordinance updates. The LWMP updates the City's goals and related policies to address the problems and issues that were evaluated for the updated LWMP.The goals are as follows: Goal 1. Work to achieve water quality standards in lakes,streams,and wetlands consistent with intended use and classification and State of Minnesota water quality standards. Goal 2. Protect downstream water resources, reduce the potential for flooding,and minimize related public capital and maintenance expenditure necessary to control excessive volumes and rates of runoff and to mitigate erosion. Goal 3. Protect and/or restore wetlands to improve or maintain their functions and values in accordance with the Minnesota Wetland Conservation Act and the City's Wetland Protection ordinance. Goal 4. Work to prevent contamination of the aquifers, promote groundwater recharge and encourage water conservation practices. Goal 5. Control or manage sediment discharge into surface water resources and drainage ways. Goal 6. Support water recreation activities and fish and wildlife habitat by implementation of programs to maintain or improve water quality. Goal 7. Increase public involvement and knowledge in management and protection of water resources. v I August 2 0 1 6 Executive Summary Implementation This LWMP includes an Implementation Plan to help achieve those goals through capital projects, management programs, maintenance activities, and special studies. Capital Projects.The Riley-Purgatory-Bluff Creek and Nine Mile Creek Watershed Districts have completed Use Attainability Assessments(UAAs)and/or Total Maximum Daily Load (TMDL)studies for many of the key waterbodies in the City.These studies have identified potential actions that could help protect or improve the water quality in and enjoyment of those waterbodies. The City evaluates partnership opportunities with the Districts to undertake priority projects as project plans develop. In addition,the City has been systematically surveying the condition of storm drainage system features.The condition assessments and water quality modeling have identified a number of potential improvement projects,and priority actions are included in the Implementation Plan. The Implementation Plan also includes projects to install water quality Best Management Practices(BMPs)with street or other construction projects,and projects to reduce lake internal loading,such as alum treatments and rough fish and invasive aquatic vegetation management.Stream inventories have been updated and will be used to prioritize streambank stabilization and restoration projects. Management Programs.The City operates several programs that directly or indirectly affect water resources, including a Public Education and Outreach program.A variety of social and traditional media are used to inform and educate citizens.City events,workshops and festivals provide additional opportunities for education. The City has developed an Environmental Learning Center(ELC)to educate local residents about water quality and water conservation,sustainability,waste reduction,and environmental stewardship.The ELC includes an interactive activity center and laboratory for use by local school groups.Volunteers monitor water quality though the Citizen Assisted Lake Monitoring Program (CAMP)and the Wetland Health Evaluation Program (WHEP). Volunteers also work with the city on programs such as Adopt-A-Street and storm drain labeling. The City implements other programs, including goose and invasive species management; lake monitoring and watercraft inspections. Stream water quality is also monitored at a Watershed Outlet Monitoring Program (WOMP)station at the outlet of Riley Creek through a partnership with the Met Council.The RPBCWD operates two additional WOMP stations on Purgatory Creek,one at Valley View Road and one at Pioneer Trail. Maintenance Activities.The City undertakes a variety of maintenance actions, including actions required by its NPDES MS4 Permit. These include ongoing water body inventory and condition assessments,erosion control monitoring,street sweeping, stormwater system inspections and repairs,and a general education and outreach program. Special Studies.The City has and will continue to participate in TMDL studies and UAA assessments, in partnership with the watershed districts. Other studies are undertaken as necessary,such as the recent"Eden Prairie Town Center Stormwater Management Guide"that identified opportunities for stormwater treatment as the area redevelops. Plan Updates Section 8 of this Plan sets forth a process to update the LWMP in response to city operations, budget planning, work requirements or public requests.The Implementation Plan and Capital Improvement Program (CIP)will be reviewed and updated periodically by the City as needed based on new information or as new opportunities and requirements arise.At a minimum,the CIP will be updated biannually. Major issues that result in potential significant revisions to the LWMP will be forwarded to the Watershed Districts for discussion and review to determine if the LWMP will require a formal update. vi P a g e August 2 0 1 6 um rim 1 lee erm eem let•rlltou. rrmeemreae imam im era'umumnM1imnmen Human.% is ■ 1� 3: 5..k RP' r 1 ■ Hist, ■ lai � `� OF Z r., ,i ir I v.A° y Dodr Park I • 1 c 3 I Ederrvale I _ % d n,�" Valley mew Rd Willow _ Round Lake 4ii Park �( f I ►+E park le*�►a1 v' *- s9 5 j W 78th St - v '• . Fork - - -• © `. �d- Rowl nd•-- _ Nine Mile Cr akralmi M.� ry Eden Prairie P o' 2 C?.� • Eden a0 Prairie I Peak 1 Q o. Carder i ibter 1 i• y'212 _ GS Os Tier- r; 4s * Andersen [ j We 12 _ Rr;ca 4. 151 Eden . lakes Park A_ i 04e `�}4a 4 Lake Preserve I %PkCr e IJ Anderson L. Planter 4 take Park '� ■ r Staring m late `p k C 1 PPPN Staring Lake Park ZtBa Attie kw-..1 Fields oreeer -16 - a ' 0. -4o C61 � y 0 1 ., © 2 - - Ili«OU i'raid r d Or a ▪ ,————--------___ l. i 0 0 ie 0 ftY �� Pa, i - IP y °'uewr Rd i I' I �u .- "GIs 4+ !_ +►fu�e+�ni` �1 r`'��*�r�er�eY�+ssi'►►a�ri�i ►��•� r`!!�r'`'� M fo. Anoka Hennepin Washin on R ey Carver Source: Bing Maps,Minnesota DNR • Scott Dakota 0.5 0-25 0 0-5 N A Miles Pin.�.OS%xw9f�uvrp�.'�urn_a-:6:x tiv:..x: Figure ES.1.1.City of Eden Prairie location map. viiI August 2016 1.0 Introduction 1.1 PURPOSE This Local Water Management Plan (LWMP)describes how the City of Eden Prairie will fulfill the requirements of Minnesota Statutes 1036.235 and Minnesota Rules 8410 in the management of the water resources within the City. It is a summary of the City's management goals and policies,and strategies, including a capital improvement program and review of local policies and ordinances. Minnesota Statutes 1036.231 establishes the purposes of storm water management planning in the Twin Cities Metropolitan Area as to: 1. Protect, preserve,and use natural surface and groundwater storage and retention systems; 2. Minimize public capital expenditures needed to correct flooding and water quality problems; 3. Identify and plan for means to effectively protect and improve surface and groundwater quality; 4. Establish more uniform local policies and official controls for surface and groundwater management; 5. Prevent erosion of soil into surface water systems; 6. Promote groundwater recharge; 7. Protect and enhance fish and wildlife habitat and water recreational facilities; and 8. Secure the other benefits associated with the proper management of surface and ground water. Minnesota statutes and administrative rules also require that City water resources management be consistent with the goals and requirements of the three watershed districts having land within its borders: Nine Mile Creek Watershed Management District, Riley-Purgatory-Bluff Creek Watershed Management District, and Lower Minnesota River Watershed Management District. 1.2 RELATIONSHIP TO OTHER CITY PLANS Two City plans that were previously stand-alone documents—the Local Drainage Plan and the Comprehensive Wetland Protection and Management Plan -have been incorporated into this LWMP.The LWMP is intended to comprehensively address surface water management.The Wellhead Protection Plan (WHPP),ground water supply planning,and the Stormwater Pollution Prevention Plan (SWPPP)are separate from the LWMP except as surface water management influences groundwater. 1.2.1 Local Drainage Plan Update The Local Drainage Plan Update was completed in 1999,and included an update to the stormwater modeling initially prepared in 1970.The Local Drainage Plan was also updated in 2008 to incorporate a Nondegradation Assessment of the estimated changes in stormwater runoff volume,total suspended solids(TSS)and total phosphorus(TP) loading in the City of Eden Prairie since 1988, and to predict how land change expected to occur by 2020 would impact those parameters. Hydraulic and hydrologic modeling has been updated for this LWMP to reflect the latest land use data and information collected as part of the City's ongoing pond inventory program. The modeling and Local Drainage Plan are incorporated into this LWMP Update. 1.2.2 Comprehensive Wetland Protection and Management Plan The Comprehensive Wetland Protection and Management Plan (CWPMP)was completed in 1999 and included an initial inventory of wetlands in the city,assessment of their functions and values,and classification of each as either Exceptional, High, Moderate,or Low functions.The CWPMP also was the basis for the City's Standards for Protection of Wetlands(Section 11.51 of the City Code).The inventory has been periodically updated since that time as projects are provided to the city for review.The inventory is maintained in a separate database and is incorporated into this LWMP by reference. 1-1(P a g e August 2 0 1 6 1.2.3 Storm Water Pollution Prevention Program Eden Prairie is regulated by the State of Minnesota's National Pollutant Discharge Elimination System (NPDES) General Stormwater Permit as a Municipal Separate Storm Sewer System (MS4). In accordance with that permit, the City developed a Storm Water Pollution Prevention Program (SWPPP) comprised of a series of Best Management Practices(BMPs) in six Minimum Control Measure(MCM)areas to prevent pollution and to manage and treat runoff discharged from the City into state waters.An annual report documents actions taken in the previous year,which is presented to the public for review, approved by the City Council, and submitted to the Minnesota Pollution Control Agency(MPCA)for approval. In 2006 the City was one of 30 cities statewide selected by the MPCA to undertake a special Nondegradation Assessment as part of its NPDES permit.The purpose of the study was to assess changes in stormwater runoff volume,total suspended solids(TSS)and total phosphorus(TP) loading since 1988,and to predict how land change expected to 2020 would impact those parameters.The study found that while runoff volumes had increased, pollutant loading had decreased as a result of City and watershed district water quality treatment requirements. A new General Permit became effective August 1,2013.The City submitted an application for renewal of coverage under the permit,which was extended on April 3, 2014.The SWPPP was required to be updated for the new permit. Many of those SWPP actions are incorporated into this Plan. 1.3 RELATIONSHIP TO OTHER PLANS Several agencies manage programs or regulate activities for local stormwater or water resource management. The following sections summarize those relevant to local water management planning. 1.3.1 Metropolitan Council Water Resources Policy Plan The Met Council's Water Resources Management Policy Plan is a framework to integrate water resources management and protection with planning for the Metro region's growth. In 1995,the Metropolitan Land Planning Act was amended to require that each city and township's comprehensive plan include a local water management plan.These local plans need to be consistent with Minnesota Statutes 103B and Metropolitan Land Planning Act requirements. Local water management plans are reviewed by the Met Council as part of the local comprehensive planning process prior to approval by the WMO and adoption by the city or township. In addition to the local stormwater plan elements required in statute and administrative rule, the Policy Plan expects communities to show that they are committed to the Met Council's goal of no adverse impact (nondegradation)for area water resources. Local plans should include actions such as ordinances requiring runoff water quality treatment, limiting the rates and volumes of runoff,adopting Best Management Practices for development and redevelopment,and wetland management planning.The Policy Plan places a special emphasis on nondegradation of lakes identified as Priority Lakes.The Met Council defines Priority Lakes as lakes of high regional recreational value that are at least 100 acres in size;supply drinking water; have very good water quality; or have exceptional significance for wildlife habitat. Eden Prairie has four lakes that have been defined as Priority Lakes by Met Council: Bryant, Mitchell, Riley, and Staring. 1.3.2 Minnesota River Basin Plan The Minnesota River flows southeast from its source at Big Stone Lake on the South Dakota border to Mankato then northeast to join the Mississippi River at Fort Snelling(about 335 total miles). It covers about 16,770 square miles, roughly 10 million acres.Thirteen major watersheds in Minnesota drain into the basin,which touches 37 counties. Eden Prairie is located in the Lower Minnesota River subbasin.The 2001 Minnesota River Basin Plan (MPCA 2001) lays out a framework for directing programs for improving water quality in the Minnesota River, its tributaries and other water bodies. Priority actions include reducing nutrient,sediment,and bacteria inputs to the River and improving the health of biologic communities. 1-2(P a g e August 2 0 1 6 1.4 RELATIONSHIP TO OTHER REGULATORY AGENCIES The LWMP is intended to meet requirements outlined in Minnesota Rules 8410 and Minnesota Statutes 103E as well as provide a tool for day-to-day management of the City's water resources. The LWMP provides the following information,as required in the Minn.Statutes 103B.235. A Existing and proposed physical environment and land use within the City A Drainage areas and the volumes, rates,and paths of stormwater runoff A Identification of stormwater storage areas A Performance standards for water quality and water quantity protection A Implementation program A Capital improvement program The Plan was also written with consideration of the needs, requirements and direction outlined in the following: A Local Water Management Rules—Minn. Rules 8410 A Wetland Conservation Act—Minn. Rules 8420 A Minnesota Pollution Control Agency Water Quality Standards—Minn. Rules 7050 A U.S.Army Corps of Engineers Section 404 Clean Water Act A Metropolitan Council Water Resources Policy Plan May 2005 A Riley-Purgatory-Bluff Creek Watershed District Water Management Plan - January 2011, Major Plan Amendment-April 2014,and Rules—November 2014 A Nine Mile Creek Watershed District Water Management Plan-March 2007 A Lower Minnesota River Watershed District Water Management Plan -December 2011 A Metropolitan Surface Water Management Act(Chapter 601, Laws of 1990) A Use Attainability Analyses(UAAs)completed by the watershed districts for lakes and streams in the City A Approved TMDLs for chloride impairment in Nine Mile Creek, and low dissolved oxygen in the Minnesota River The watershed organizations and their respective jurisdictions within the City are shown on Figure 2.1. The LWMP is intended to satisfy the rules set forth in the current watershed management plans. The City will participate in upcoming revisions and evaluate any future watershed management plan amendments in relation to the LWMP and incorporate items as needed. 13 I P a g e August 2 0 1 6 2.0 Regulatory Framework 2.1 EDEN PRAIRIE ORDINANCES AND POLICIES Protection of water resources has been a priority throughout the City's development history. Existing water resource related policies and local controls(City Code sections)include: A Standards for Protection of Wetlands(Section 11.51) A Shoreland Management(Section 11.50) A Land Alteration,Tree Preservation,and Stormwater Management Regulations(Section 11.55) A Sloped Ground Development and Regulation (Section 11.60) A Flood Plains(Section 11.45) A Maintenance of Vegetation (Native Plant Ordinance) (Section 9.71) A Preservation of Wetland and Woodland Areas(Section 11.03(3)(G)(4)(i)) A Coal-Tar Based Sealant Products(Section 5.74) A Stormwater Illicit Discharge and Connections(Section 5.75) A Land Use Regulation Permits and Variances(Section 11.76) These ordinances and policies have provided the City and the private development sector with the means to protect the City's natural resources through limiting wetland filling,establishing minimum setbacks, requiring steep slope and shoreline buffers, manage floodplain areas, and implementing best management practices to prevent pollution, manage stormwater runoff and protect water resources. In 1994,the citizens of Eden Prairie approved a referendum to acquire and manage the best remaining native plant communities in the City. These areas have been designated conservation areas,for which management plans have been or are currently being developed. 2.2 STATE AGENCY REGULATORY FRAMEWORK Several agencies manage programs or regulate activities for local stormwater or water resource management. The following sections summarize those relevant to local water management planning. 2.2.1 Metropolitan Council(Met Council) The Met Council's Water Resources Management Policy Plan includes a range of programs administered by various governmental and private agencies for management of water resources in the Metro area. Several of Met Council's programs of interest to cities include the following: A Development of targeted watershed pollutant loads A Review of watershed and local water plans and comprehensive plans for consistency with metropolitan goals and objectives A Watershed Outlet Monitoring Program (WOMP) A Citizens'Assisted Lake Monitoring Program (CAMP) A Environmental Information Management System A Regional Water Supply Plan for the Metropolitan Area 2-1(P a g e August 2 0 1 6 2.2.2 Minnesota Pollution Control Agency(MPCA) The MPCA administers several programs applicable to local storm water management planning. The MPCA monitors water quality,sets standards,and implements various controls. Following are two programs related to water quality. A The MPCA manages the National Pollutant Discharge Elimination System (NPDES) Phase II permitting for small municipal separate storm sewer systems(MS4s)and construction and industrial discharge permitting A The MPCA implements the Clean Water Act, requiring that states adopt water quality standards to protect waters of the state.The EPA and MPCA require preparation of Total Maximum Daily Load (TMDL)studies to identify the source of pollutants and plans for bringing the water resources into compliance.Several local lakes as well as Riley Creek, Nine Mile Creek and the Minnesota River have been listed on the MPCA's 303(d) list of impaired waters. Section 2.6 discusses the impaired waters issue in more detail. 2.2.3 Minnesota Department of Health (MDH) The Environmental Health Division of the MDH administers numerous programs of interest to local water management planning, including the following. A Drinking water protection A Wellhead protection A Lake and fish monitoring(in partnership with DNR/MPCA) A Environmental Health Services A Health risk assessment,site assessment,and consultation A Well management The City worked with the MDH to develop and implement a Wellhead Protection Plan (WHPP). 2.2.4 Minnesota Department of Natural Resources(DNR) The DNR manages and protects the state's natural resources and operates numerous programs. The department provides technical assistance and information regarding best management practices, natural resource management, incorporating natural resource conservation in land use planning, and lakescaping. The Fisheries Division monitors and improves fisheries within the state. It also promotes fishing opportunities and provides grants to assist in the construction of fishing piers. The Ecological and Water Resources(EWR) Division focuses on an overarching vision of"Healthy Watersheds throughout Minnesota."The EWR Division also provides the following services: A Maintains an inventory of public waters A Operates permit programs for working in public waters or for appropriating public waters A Oversees the state's floodplain management program A Provides local stewardship by coordinating the Mississippi River Critical Area, Mississippi National River& Recreation Area programs and the Shoreland Management program A Collects,analyzes,and provides ecological information, including: A Location and management of rare resources(endangered and threatened species,critical habitats, high quality natural communities) A Management of harmful exotic species,fish and wildlife diseases,and negative environmental impacts of human development A Management and restoration of important ecological processes in river systems and key natural areas A Information about Minnesota's ecosystems and their significance to a sustainable quality of life The DNR's webpage at www.dnr.state.mn.us/lakefind/index.html is LakeFinder,a DNR-supported tool that combines information from various DNR Divisions,as well as other state agencies, such as Minnesota Pollution 2-2(P a g e August 2 0 1 6 Control Agency(water quality)and Minnesota Department of Health (fish consumption).This tool contains data for more than 4,500 lakes and rivers throughout Minnesota. The DNR also provides a variety of specialized programs oriented to property owners or neighborhood groups, such as the Aquatic Plant Management, Urban Fisheries and Fishing in the Neighborhood, Neighborhood Wilds, and Metro Greenways programs. 2.2.5 Watershed Districts Watershed Management Organizations(WMOs)and Watershed Districts(WDs)are required by statute to prepare and administer water management plans that establish watershed-wide goals, policies,and regulations. Local governments are also required by statute to prepare and administer local water management plans that establish local goals, policies,and regulations regarding those water resources that are consistent with the watershed plans. The City of Eden Prairie falls under the jurisdiction of three watershed districts(see Figure 2.1): Watershed District Plan Adopted Plan Amended Riley-Purgatory-Bluff Creek January 2011 December 2013,April 2014 Nine Mile Creek March 2007 Lower Minnesota River December 2011 June 2015 While many of the district requirements are similar, each has its own set of goals and priorities that do not match watershed to watershed or with the City.This LWMP was developed to acknowledge these jurisdictional criteria while also reflecting the priorities of the City of Eden Prairie. 2.3 WATER RESOURCE RELATED AGREEMENTS Water resource-related agreements, such as Joint Powers Agreements(JPA)or Memorandums of Understanding (MOU),are typically entered into between agencies or entities with overlapping regulatory interests or geographic similarities. Currently,the City has a Cooperative Agreement dated November 1, 1993, amended February 2016, with the City of Edina relating to water,sanitary and storm sewer,street and traffic signals for their common boundary,generally described as the centerline of Washington Avenue. This includes a shared water system as well as the storm sewer located within the right-of-way for Washington Avenue.The City also has drinking water system interconnections and utility agreements with the cities of Bloomington, Chanhassen, Edina and Minnetonka. The need for a JPA or MOU will be evaluated as part of the City's ongoing Wellhead Protection planning. No other Agreements are anticipated at this time. 23 I P a g e August 2016 �,62--:= ID :: Hamm/: Birch 60 "'"'� Island 61 (s - Lake 00 494 riMitEPHiaffmellpii /'' Duck Lake Bryant Lake o Round r- u u Lake i 0O•"i 39 �e N © Smetana __ SFork N 1 Lake Nbrelllae Cr 1.0imi Mitchell Lake" ldlewild , i 1 a Rice Marsh 0 Eden Anderson Lake Red Rock Lake Lake Lakes McCoy a Lake 4: -j 7 - Staring Lake Neill• 169 Lake Riley Lake j i I I i �� t""7"--.N.N\- 1 j cr 212 Little 7 4�i i Rice Lake .-„ Rice Grass Lake lc_ Lake . 1 IQ d'lf'er Watershed Management Organizations Lower Minnesota River WD 0-5 025 0 0-5 A Nine Mile Creek WD Miles Riley-Purgatory-Bluff Creek WD Figure 2.1.Watershed Management Organizations in the city of Eden Prairie. Source: Minnesota DNR, MnDOT. 2-4IPage August 2016 2.4 WETLAND CONSERVATION ACT Within the Nine Mile Creek Watershed District the primary permitting responsibilities for the Wetland Conservation Act of 1991(WCA)currently rests with the Watershed District.The City is the Local Governmental Unit(LGU) responsibilities in the Lower Minnesota River and Riley-Purgatory-Bluff Creek Watershed Districts. Wetland LGU responsibilities include: A Review and approve wetland delineations and determinations A Review and approve wetland exemption/no-loss applications A Review and approve wetland replacement plan applications A Coordinate Technical Evaluation Panel (TEP) meetings A Send Notices of Application and Decision to the TEP A Enforce wetland replacement monitoring requirements, review monitoring reports and certify replacement wetlands A Work with DNR and Hennepin County to enforce WCA violations 2.5 RELATIONSHIP TO NPDES STORMWATER PERMIT The City holds a permit from the MPCA to discharge stormwater into waters of the state through the MPCA's NPDES General Stormwater Permit.The permit specifies that the City must develop, receive MPCA approval of, and implement a Stormwater Pollution Prevention Plan (SWPPP)that addresses the following six minimum control measures established by the EPA: 1. Public education and outreach 2. Public participation/involvement 3. Illicit discharge detection and elimination 4. Construction site runoff control 5. Post-construction runoff control 6. Pollution prevention/good housekeeping during municipal operations The City's previous SWPPP was approved in 2003 and amended in 2006.The State of Minnesota reauthorized the NPDES General Stormwater Permit effective August 1, 2013, and the City submitted a permit reapplication in December 2013.The new permit and SWPPP Document were approved on April 3,2014. New and existing activities and policies to be included in the SWPPP are prescribed in the General Permit and SWPPP Document,and include many of the actions and policies set forth in this LWMP. 2.6 USE ATTAINABILITY ANALYSES/TMDLS Lakes are an important feature in Eden Prairie and the ongoing maintenance and improvement of our water resources directly affects the full use of our lakes. NMCWD and RPBCWD have completed Use Attainability Analyses(UAAs)for most of the lakes in their Districts.The UAAs are scientific assessments of a water body's physical,chemical,and biological condition.The studies include water quality assessments and recommendations for protective and/or remedial measures for the studied lakes and their direct tributary watersheds.The results of these UAAs provide the City guidelines for water resource improvement projects for these water bodies. Lakes that do not meet state water quality standards are listed as"Impaired" by the State of Minnesota.These lakes require additional analysis in the form of a Total Maximum Daily Load (TMDL)study. Waters that are impaired in Eden Prairie are listed in Table 2.1.Although the UAAs do provide background data that may be used towards preparation of a TMDL they do not meet MPCA criteria for a TMDL document.A TMDL is the maximum amount of a pollutant a waterbody can receive and still meet water quality standards. The TMDL study identifies the sources and magnitude of pollutant loading and establishes a numeric load reduction that must be made for each source.The results of each TMDL may lead to different conclusions than the UAAs. 2-5(P a g e August 2 0 1 6 Table 2.1. Impaired Waters in Eden Prairie. Note: Based on the draft 2014 303(d) List. DNR Lake# Lake/Stream Affected Use Pollutant /Reach# Bryant 27-0067 Aquatic consumption/recreation Mercury FT1and Excess Nutrients Mitchell 27-0070 Aquatic recreation Excess Nutrients Smetana 27-0073 Aquatic consumption Mercury FT1 Red Rock 27-0076 Aquatic consumption/recreation Mercury FT1and Excess Nutrients Riley 10-0002 Aquatic consumption/recreation Mercury FT1and Excess Nutrients Round 27-0071 Aquatic consumption Mercury FT1 Staring 27-0073 Aquatic consumption/recreation Mercury FT1and Excess Nutrients Nine Mile Creek3 07020012-518 Aquatic life Fish IBI2 and Chloride Riley Creek 07020012-511 Aquatic life Turbidity Bluff Creek4 07020012-710 Aquatic life Fish IBI2 and Turbidity Mercury FT1and WC1, PCB FT1,Turbidity, 07020012-505 Minnesota River 07020012-506 Aquatic consumption/life Dissolved Oxygen (Reach 505 only-DS of River Mile 22, approx. Riley Creek) 1"FT"means mercury or PCBs in fish tissue while"WC"means in the water column. 2 Index of Biotic Integrity is a measure of the quantity and quality of aquatic life. 3 The impaired reach is the main stem, which is downstream of Eden Prairie.The South Fork, which is not listed as impaired, flows through Eden Prairie and discharges into Nine Mile Creek. 4 The impaired reach is upstream of Rice Lake. That part of Bluff Creek in Eden Prairie has no listed impairments and was excluded from the TMDL. A statewide TMDL has been completed for the mercury impairments.A TMDL for the Nine Mile Creek chloride TMDL has been completed and approved by the EPA; however,the TMDL Implementation Plan has not yet been approved.A TMDL for the Nine Mile fish impairment is on hold until additional data is available to more conclusively identify the factors causing the impairment. The table below summarizes the status of individual Lake UAAs. Lakes that are not on this list are either tributary to one of the lakes below and thus are included in that analysis,or they are classified as Natural Environment lakes for which no UAAs are proposed. More information about lake and stream conditions may be found in Section 3.5. Table 2.2. Lake Use Attainability Analyses(UAAs). Listed as Completion Lake Nutrient Impaired? Date Anderson No 2003 Birch Island No 2000 Bryant Yes 2003 Duck No 2005 Mitchell Yes 2002 Smetana No 2003 Red Rock Yes 2002 Rice Marsh No 2016* Riley Yes 2016* Round No 1999 Staring Yes Not completed * PRBCWD is in the process of finalizing the UAA Update for Riley and Rice Marsh Lakes. 2-6I P a g e August 2016 3.0 Water Resources Inventory 3.1 PHYSICAL ENVIRONMENT The City of Eden Prairie lies in the south central edge of Hennepin County.The City encompasses nearly an entire township (35.2 square miles)and is bordered by Chanhassen to the west, Minnetonka to the north, Bloomington and Edina to the east, and the Minnesota River to the south. 3.1.1 Geology and Soils The bedrock underlying Eden Prairie is St. Peter sandstone in the northern third and Prairie du Chien Group dolostone in the south.The surficial geology is glacial outwash with areas of significant glacial till deposits in the central and northeastern sections of the City.The Hennepin County Geologic Atlas has more information regarding the geology and hydrogeology in Eden Prairie,and can be found online at purl.umn.edu/58491. The soils in Eden Prairie are generally well drained sandy loam to loam (Figure 3.1)and are well drained. However, in the alluvial landscape unit in the Minnesota River Valley along the southern edge of the City,floodplain soils are generally loams or silt loams and range from well to very poorly drained. The Hennepin County Soil Survey has more information regarding soil units within Eden Prairie,which can be viewed online at the Natural Resources Conservation Service's Web Soil Survey at websoilsurvey.nrcs.usda.gov/app/HomePage.htm. 3.1.2 Climate and Precipitation The climate within the Minneapolis-St. Paul Metropolitan Area is humid continental climate with moderate precipitation,wide daily temperature variations,warm humid summers, and cold winters. The total average annual precipitation is approximately 31.2 inches(Table 3.1)while the annual snowfall average is approximately 54 inches, equivalent to approximately 5.4 inches of water precipitation. Table 3.1.Climate and precipitation data at Chanhassen,1981-2010. Average Average Average Snowfall Month Temperature(°F) Precipitation (inches) (inches) January 14.3 _ 0.87 _ 10.3 February 19.1 _ 0.94 _ 9.7 March 31.3 _ 1.78 _ 10.8 April 46.5 3.00 3.4 May 58.0 3.66 0.0 June 67.6 4.02 0.0 July 72.0 3.59 0.0 August 69.9 4.14 0.0 September 60.7 3.43 0.0 October 47.8 2.51 0.4 November 32.7 1.97 5.4 December 18.1 1.25 13.9 Annual Average 44.8 31.16 53.9 Source: NOAA National Climatic Data Center. 3-1 I August 2 0 1 6 4° ) . ... t'..- ..--, r' i ' : ' 4.1:' l'''' T. , lio , A . . , L. , ,,, I ..,. 9 ' il 1 ►I.., . * ibt: ,,-__ - ot ,4, �r li►*N` 4. .14. � 1 ti` "••••••,„44 i ' r v / I , v I jilt ir.s\c", ... r' • Hydrologic Soil Group A- Sandy C - Sandy Clay Loam AID C1D Source: NRCS SSURGO, N B - LoamyD - ClayMinnesota DNR 0.5 0.25 0 0.5 Miles BID Not rated or not available Pak 1:029,090.3,LAW 2012 Upiaelm.S.is MG mm: Figure 3.1.City of Eden Prairie Hydrologic Soil Groups. Note: Dual hydrologic soil groups are given for certain wet soils that could be adequately drained. For soils with dual designations(e.g.,A/D),the first letter applies to the drained and the second to the undrained condition. Source: USDA NRCS SSURGO. 3-21 August 2016 3.2 BIOLOGICAL ENVIRONMENT The City's landscape has gone through many changes due to human activity. Pre-European settlement the area was part of the"Big Woods"ecoregion where oak woodland and maple-basswood forests were the dominant vegetation types. Upon settlement, much of the landscape was converted to agriculture and eventually urban and suburban development.The Minnesota River Valley is a dominant feature in the City and is home to significant natural communities, including remnants of the Big Woods, river bluffs,and wetland areas. Most of the significant natural communities identified in the Hennepin County Biological Survey are in areas under public ownership and have been preserved as managed conservation areas.Where significant communities are not publicly owned,the City continues to evaluate the possibility of acquisition. Many of the City's seventeen lakes are active fisheries.Appendix B details information about the lakes and their fish populations. 3.3 HUMAN ENVIRONMENT 3.3.1 Land Use Figure 3.2 shows Eden Prairie's 2010 land use from Metropolitan Council land use data.The City is over 80% developed,and has a regional commercial and industrial core surrounded by residential uses of various densities (see Table 3.2).While just less than ten percent is classified a vacant,only about 3%of the remaining vacant land City is actually developable.The Flying Cloud Airport and the Minnesota Valley Wildlife Refuge dominate the southern part of the City.Only the Minnesota Valley Wildlife Refuge and areas within the Minnesota River Bluffs in the southern part of the City are outside the Metropolitan Urban Services Area (MUSA). Planning for the proposed Southwest Light Rail Transit line includes five stations in Eden Prairie which are anticipated to stimulate redevelopment and increase density. Figure 3.3 shows planned 2030 land use from the 2009 Comprehensive Guide Plan. Table 3.2.2010 land use in the City of Eden Prairie. Area Area Land Use (acres) (%) Single Family 7,620.1 33.8 Parks and Recreation 5,090.4 22.6 Undeveloped 2,245.1 9.9 Water 2,110.2 9.4 Industrial 1,232.1 5.5 Commercial 1,102.9 4.9 Highway 822.1 3.6 Airport 798.9 3.5 Institutional 554.6 2.5 Multi Family 509.1 2.3 Agricultural 426.5 1.9 Total 23,915.6 Source: Metropolitan Council from city comprehensive plan and air photos. 3-3 I P a g e August 2 0 1 6 � r 62 }i l - \Ill LZ� - na it 41111111 ��w ,t 494 OK V- -4, , — Yil ____ _. : ...•,,,,, i.,.t 'Vi. 1 4 N } N zr 39 : ♦ SFork a a i - ., - r ,. ,eMile Cr N , :.. + t. • .. Ir a �f r.',' ,' 1 VI 11P J. ,,4 .. • ,▪ w 1 , I ,r I. �ea� 1, 904- wet A ... ,:. ., 'Ire �41114� ,__ - `` ...... . 1 _ .. - , ,. i . t off,A 1 , , . . 4 „.... MIA ""ti 1 2010 Land Use Institutional : MUSA 2O20 - 7 Single Family Park, Recreation, Open Space Multifamily - Transportation Commercial Agricultural Source: Metropolitan Coouncil Industrial Undeveloped 05 0.25 0 05 NiTaai Miles Extractive Water Figure 3.2. Eden Prairie 2010 land use and 2020 MUSA limits. Source: Metropolitan Council, Minnesota DNR. 3-41 P s g e August 2 0 1 6 x I re.'• ..-.,--t.ipr:,',,F.,::;,,..\\,:, •• ,-4:.'• iyow..iri ill %4..-itirt•-.__41.-'_'11L._j•-,: ipp... --N__.:54at , . • t. }! as • • �! - 'i- _ ' fir. ,d • • ��� �a, +- .... Source: Ci of Eden Prairie. M-i ii'titan Council =RI4J Reg1:1314.1aUitaAcre =hwust!a ®FitlK'4u36FR#Ir.—A1]rtPrr¢c_ty p Law Derv!).12fFit-iCal 1—s unFly;5cie I-1 pieigrixgrad canna/dal p GL71r c7o.,jrse —M�n''Ire p Mediumnen6ry cesliSerrIA 25-1a UnttriAcre 1-1 cnrvcu-Ity caTumercia. m crRuon. r,erErp• crams N` High Denali ReE9deatlal ae-46 urtas,47e -raegm3l unrrraal p cren YraM =Pr 1c1p mall p amce• ®raw!a-rter p Po 'j7r-V y —A kllrxfIJ1Erlal p P1tbcr: =Parracceri pa* —E.kle rAnelaI 0 D.5 1 —Mavrcol1Ecu I I i I Miles PakCe•Qo-FEaor ill LAND USE GUIDE PLAN MAP 2030 Figure 3,2 EDEN COMPREHENSIVE F LL.N JP[AT E 2';1Oa riAIBIE October 20.2002 Figure 3.3. Eden Prairie 2030 land use. Source: City of Eden Prairie. 3-51 August 2016 3.3.2 Parks,Open Space,Recreational Facilities The 2003 Comprehensive Park and Open Space Plan was updated with the 2009 Comprehensive Guide Plan,and provides detailed information regarding parks and recreational facilities available within the City.Just over 29 percent of the land area of the City is comprised of parks,open space,and water surface.About half the park and open space acreage is designated as conservation area and generally includes large floodplain/wetland areas. Other conservation areas protect significant prairie, bluff,or wooded areas. The 2009 Guide Plan Update contains goals and policies reinforcing the City's commitment to protecting sensitive natural resources,and providing trails and corridor connections between significant natural areas and open spaces. The City operates beaches at Riley Lake and Round Lake. Boat ramps are located at Mitchell, Riley, Round,Staring, Red Rock,and Smetana Lakes.The Park and Open Space Plan also provides for the continued preservation of conservation areas as well as an expansion of the recreational trail system. Acquisition of floodplain properties in the creek corridors as property becomes available is a priority,as is completion of acquisition and development of the Minnesota Valley Wildlife Refuge and Recreation Area. Approximately 2,000 acres of the Minnesota Valley Wildlife Refuge will be in Eden Prairie when acquisition is complete. The Three Rivers Park District regional parks listed below are located in part or whole in Eden Prairie. A The 170 acre Bryant Lake Regional Park,with recreational activities such as fishing,swimming, and boating available, is located on the north end of Bryant Lake. A Hyland-Bush-Anderson Regional Park Reserve includes 318 acres in Eden Prairie. Activities are primarily passive enjoyment and include nature study and park programming. The primary LWMP-related recreational concern is the improvement of water quality in the City's lakes to sustain or enhance their beneficial use and to preserve the general enjoyment of the City's water resources. 3.3.3 Pollutant Sources The Flying Cloud Sanitary Landfill located across Trunk Highway 212 from Flying Cloud Airport is a privately-owned closed landfill on the Minnesota Permanent List of Priorities. It is currently being managed as part of the MPCA's closed landfill program and has a groundwater remediation system in place that can be operated if needed.The landfill also operates a landfill gas extraction system. There are no known additional feedlots or significant dumpsites in the City. The Wellhead Protection Plan (WHPP)was completed in 2004 was updated in 2015. The WHPP evaluates and provides recommendations for monitoring and/or remediating potential pollutant sources such as dumpsites, leaking underground storage tank sites,Voluntary Investigation and Cleanup sites and others. Information on these sources can also be found by contacting the Minnesota Pollution Control Agency or the Environmental Protection Agency,or visiting the MPCA's What's in My Neighborhood website at www.pca.state.mn.us/udgx680. Septic systems and operating or abandoned wells can also be a source of pollution. Eden Prairie had an estimated 185 septic systems as of January 2015.The MDH regulates new and abandoned wells and maintains a comprehensive list of the status of each.A plan for management of private wells and septic systems is also included in the City's WHPP. 3.4 WATERSHEDS The Twin Cities Metropolitan Area is subdivided into 33 watersheds,each managed by a Watershed Management Organization (WMO).WMOs may be either Joint Powers consortia of cities or Watershed Districts,which are special units of government.The land in Eden Prairie is located within the jurisdictions of three Watershed Districts, (Figure 3.4 on Page 3-8 and in Table 3.3 below), each governed under Minnesota Statutes 103D. 3-6IPage August 2016 Table 3.3.Watershed districts within Eden Prairie. Watershed District Total Area Area in EP Percent of Eden (sq.miles) (sq.miles) Prairie Riley-Purgatory-Bluff Creek 47.1 21.8 62% Nine Mile Creek 46.2 7.0 20% Lower Minnesota River 75.9 6.3 18% 3.4.1 Riley-Purgatory-Bluff Creek Watershed District The Riley-Purgatory-Bluff Creek Watershed District (RPBCWD)covers 32.7 square miles in Hennepin County and 14.4 square miles in Carver County. Portions of Eden Prairie, Minnetonka, Deephaven,Shorewood,Chanhassen, Bloomington,and Chaska are located in RPBCWD.Just over 60 percent of Eden Prairie,extending through the center of the City diagonally from the northwest to southeast, is within the RPBCWD. There are three secondary watersheds within RPBCWD. These include Riley Creek, Purgatory Creek,and Bluff Creek.Ten Eden Prairie lakes are located within RPBCWD, including Duck, Round, Mitchell, Red Rock, McCoy, Staring, Neill, Idlewild, Rice Marsh,and Riley. Riley Creek Subwatershed. Riley Creek drains a subwatershed of approximately 10 square miles: six square miles within Chanhassen and about four square miles in southwestern Eden Prairie. Half of that area in Eden Prairie drains to either Rice Marsh Lake or Lake Riley while the remaining half is directly tributary to Riley Creek.The subwatershed, like most of the City, has a large amount of natural storage that has been incorporated into the stormwater infrastructure.There are several high value wetlands in this subwatershed based on floral diversity and integrity.The area is expected to be fully developed by the year 2020. Purgatory Creek Subwatershed. Purgatory Creek drains a total subwatershed of approximately 32 square miles in the cities of Chanhassen, Minnetonka,and Eden Prairie. Of that,about 17 square miles is within Eden Prairie, at the lower end of the subwatershed.The area is expected to be fully developed by the year 2020. The subwatershed has abundant natural storage, not only from numerous wetland basins but also from the chain of lakes(Round, Mitchell, Red Rock, McCoy and Staring) located in the western part of the subwatershed.The subwatershed is an interesting contrast in that some of the more densely developed areas such as the Eden Prairie Shopping Center and surrounding commercial property are found in close proximity to large tracts of open space preserved and used for stormwater management. Bluff Creek Subwatershed. A branch of Bluff Creek flows through Rice Lake to the Minnesota River within the Lower Minnesota River floodplain in Eden Prairie.This portion of Bluff Creek is within the jurisdiction of the Lower Minnesota River Watershed District. However,the main tributary area for Bluff Creek is within the City of Chanhassen. 3-7(P a g e August 2 0 1 6 Wyxa taw yxan r5'uy re ie 3 ' I:.} 5., P rKd, t Yn. ©,. '-A A I_A" St LOWS i Woodland ry'N `4 ,, ,ns°-. -- Minn esnn4r 111rd Park '`I' e�l',}i w L o.l t ia=n: 4Y Hlow I, Minnetonka . .1 F=r� •"" Beach h, . net.ka �77 e:k r e VY �o''' r alhaun 4 to 13., 4dp, tµr.% L d,waw • E\VN\1 re� Gnm�rei a P aeph 4 74140 I IF40- Le•e a . SOD- Memo! H Nk\i"Olki4-v /4 ei# Edlns W 7001 6,MitL't_a nuns ry 1 ;rn Shorewood till111111111 I. 41/4 ' 4i111/1"/ I ''-e . . 44*.4.6.. / 441` Are I MN 1 . t\- .„„,%11, , ,..., f 4011 .4'. /AO III d.*s1 It 6 Rid ' .It..NA.4.4;:11;\ . :,• NeN,:7; 4.41:0.1,(0 ,) 4 = \I I 1 1 I I 1 4 16 6\10111116\k. i ll- : 411'NP''.\\4\44!;114-Ab.751,1414ieri I'I V � ,' ,..‘,%,*:, ..4-..., 'INA*- 1/fro; 4" )1 . .i've . \ NW , • Ilio. • . 044% - --. ::.kos:,-1,1,40 / -;,.... 411L. -. Nolki,.‘1/4414;1; *41 Aft •r le idigr '.. ... ... ... ir - - 4- /4 , AC.I - .." . Ir.*, -.... , ly 4,,, . .00, .: , - \sks‘t7t.t"k"- t. ,,•\.41.41,1:: ii-ir,e: y i i Watershed Management Organizations ®RILEY-PURGATORY-BLUFF CREEK Source: ESRI,Minnesota DNR ®NENE MILE CREEK N 2 1 0 2 A Lo LOWER MINNES�TARiVER Miles ut aA..®.....,,.A„o..,......,,m,..,W.,.. 'imii'City of Eden Prairie Figure 3.4.Watershed Management Organizations with land in Eden Prairie. Source: Minnesota DNR. 3-8 I August 2 0 1 6 3.4.2 Nine Mile Creek Watershed District The Nine Mile Creek Watershed District(NMCWD)encompasses approximately 50 square miles in southern Hennepin County and includes portions of Eden Prairie, Bloomington, Edina, Hopkins, Minnetonka,and Richfield. Nine Mile Creek is about 15 miles in length from its headwater where it crosses County Road 3 in Hopkins to its mouth at the Minnesota River.The South Fork of Nine Mile Creek,which passes through northeastern Eden Prairie, is approximately 8.5 miles long. Birch Island, Bryant, Northwest Anderson,Southwest Anderson,and Smetana Lakes lie within the NMCWD. Just less than 7 square miles of this watershed is located within the City of Eden Prairie.The watershed includes a large amount of the City's industrial base that has highly impervious surface areas.The watershed does not contain as many small natural storage basins/wetlands, but is instead characterized by a number of large shallow lake and wetland complexes.The industrial areas are connected with a network of storm sewers and have few noncontributing areas. 3.4.3 Lower Minnesota River Watershed District The Lower Minnesota River Watershed District(LMRWD) is located on the south side Eden Prairie and includes a large portion of the Flying Cloud Airport and areas south of the bluffs.The District boundaries encompass an area of 64 square miles within Carver, Hennepin, Dakota,Scott,and Ramsey Counties and include bluffs on both sides of the Minnesota River. Both the quantity and quality of surface water resources throughout the LMRWD are closely tied to groundwater. The LMRWD includes Rice and Grass Lakes as well as the lower reaches of Bluff, Purgatory and Riley Creeks within the floodplain areas of Eden Prairie. The water resources within Lower Minnesota River Watershed District are in the floodplain category and are to be managed primarily to enhance native habitat and preserve existing uses such as fishing, hiking, and biking.These lakes lie within areas zoned Park and Open Space. Much of the land surrounding Rice Lake is within the Minnesota Valley Wildlife Refuge and is managed by the US Fish and Wildlife Service. Additional property acquisition within the floodplain area is expected long-term.The City's Park and Open Space Plan states that development within the floodplain should remain consistent with the National Wildlife Refuge and Recreation Area Comprehensive Park Plan. 3.5 SURFACE WATER Eden Prairie coordinates monitoring efforts with the watershed districts to ensure consistent monitoring of lakes and creeks for water quality, lake elevation,and streamflow.The City periodically contracts to complete water quality and aquatic vegetation monitoring on some of the lakes,and also sponsors volunteer lake monitoring through the Metropolitan Council's Citizen Assisted Monitoring Program (CAMP)and volunteer wetland biologic monitoring through Hennepin County Department of Environment and Energy's Wetland Health Evaluation Program (WHEP). 3.5.1 Lakes There are 16 lakes in Eden Prairie(Figure 3.5). One additional lake, Eden Lake, is classified by the DNR and Watershed District as a large, excavated wetland; however it functions as a shallow lake and is included in the list of lakes by the City. Grass Lake and Rice Lake are classified as Category 1 Floodplain Lakes by the LMRWD. Information regarding each lake is found in Appendix B. 3-9(P a g e August 2 0 1 6 Minnesota's standards for lake water quality vary depending on the depth classification of the lake(Table 3.4). Shallow lakes are defined as 15 feet deep or less,or 80%or more of the lake area is shallow enough to support rooted aquatic plants.The lake number and shoreland classification, lake morphometry,and water quality data are shown in Table 3.5. More information about the lakes can be found online at the DNR's LakeFinder website: www.dnr.state.mn.us/lakefind/index.html. Table 3.4.Water quality standards for lakes in the North Central Hardwood Forest Ecoregion. Parameters Shallow Lakes Deep Lakes Total Phosphorus(TP) (µg/L) <_60 <_40 Chlorophyll-a (chl-a) (µg/L) <_20 <_14 Secchi Depth transparency(SD)(meters) >_1.0 >_1.4 Table 3.5.Characteristics of Eden Prairie lakes. Note:TP=total phosphorus; Chl-a=chlorophyll-a,a measure of algal density;and SD=Secchi depth or clarity. Surface Max 10-year Summer Average DNR Public DNR Depth Lake Area Depth 1 TP Chl-a SD ID# lac) (ft) Access Class WA) WA) (m) Class Anderson NW 27-0062-01 138 10 No NE 45 21 1.6 Shallow Anderson SW 27-0062-03 80 9 No NE 102 60 0.9 Shallow Birch Island 27-0081 43 17 Canoe RD 41 6 1.4 Shallow Bryant 27-0067 177 45 Ramp RD 39 20 2.2 Deep Duck 27-0069 41 10 Yes2 RD 50 13 1.9 Shallow Eden 27-1011W 17 -- No N/A 185 74 0.6 Shallow Grass 27-0080 467 3.5 No NE NA NA NA Shallow Idlewild 27-0074 15 9 No RD 42 7 2.1 Shallow McCoy 27-0077 10 -- No NE NA NA NA Shallow Mitchell 27-0070 112 16 Ramp NE 65 28 1.3 Shallow Neill 27-0079 34 10 No NE 100 24 1.1 Shallow Red Rock 27-0076 97 16 Ramp RD 73 42 1.5 Shallow Rice 27-0132 517 3 No NE NA NA NA Shallow Rice Marsh 10-0001 81 10 No NE 108 16 1.7 Shallow Riley 10-0002 2973 49 Ramp RD 39 23 2 Deep Round 27-0071 32 37 Ramp NE 45 17 2.0 Deep Smetana 27-0073 51 12 Ramp NE 99 6 1.5 Shallow Staring 27-0078 155 16 RamR RD 114 84 0.5 Shallow p 1 RD=Recreational Development;NE=Natural Environment,N/A=Not Applicable. 2 Carry-on access only. 3 124 acres of Riley Lake are located in the City of Chanhassen. Source:DNR LakeFinder,MPCA Environmental Quality Information System(EQuIS),Blue Water Science. 3-10I P a g, e August 2 0 1 6 .11.11.11.1rii11.11.11.1..7111.H.11.11.11.11.R.71.11.11.11.4.IV.11.1Iag1.11.11.1i.11.71.111M11.u11.;• - ■ -- I li Scho6��4`�P 1 DoCk 't Park v x Lake _ ' ce � o a Ede;:�. :n c S m ✓.��+' Valley View Rd Willow found Lake ,�0 Park Jim R — 11 ' V.'"a�N park z Valt� _ V- vv - 39 -L212F - SFork j W 78th St _- j s W 78rh�t a� Row a'd _._. Nine Mile Cr �1..11.; tiLe Eden Prairie"' ..PcP 0= j Lehi.. a Eden O Prance t _ O .) Center Miller Park •— C. 212 GS � i _ -✓ Red a Ar,. I. I -- , Rack p 51 '` Eder, w Lak..- - L. : , Lake II0 Lake m Preset, ■ 0: ; Andes Pioneer lake .I- ) fft j Park 'S j j Riley a- Staring ;, -� Lake - 1J '^9 5tanng Lake Park j P�aoeitJ� Cloud I c i AW-1= -=Q 4t01 Cloud Dt Fr.!o I ..._1--1.0" * a k e �1yu.w Rd��p a j i'le # r '♦�1 �I�ILra1a►V���a��' j L0 - j ► �rrll s -Park ♦q Anoka 410 Hennepin Washin ton Ru msey Carver Source:Bing Maps, Minnesota DNR Scott Dakota 0.5 0.25 0 0.5 N r Miles A Alp mod Figure 3.5. Lakes and streams in Eden Prairie. Source: Minnesota DNR. 3-11 I August 2 0 1 6 3.5.2 Streams Most of Eden Prairie is drained by Purgatory Creek(Figure 3.5),which bisects the City from the northwest to the southeast before discharging to the Minnesota River.The northeast quadrant of the City drains into the South Fork of Nine Mile Creek,which flows into Bloomington to the east and into Nine Mile Creek to the Minnesota River.The southwest quadrant of the City discharges into Riley Creek,which flows out of Rice Marsh Lake,through Lake Riley, and then southeast to Grass Lake in the Minnesota River floodplain. A small part of Eden Prairie, mostly area below the Minnesota River bluff,discharges into Bluff Creek. Table 3.6. Major streams in Eden Prairie. Stream Name Length (mi) Purgatory Creek 13.8 Riley Creek 5.2 South Fork Nine Mile Creek 2.6 Bluff Creek 1.4 Stream Water Quality. As noted in Table 2.1 in Section 2.6,the main stem of Nine Mile Creek is listed as an Impaired Water for excess chloride and impaired fish community. South Fork of Nine Mile Creek is not listed as impaired, but it is tributary to the main stem,and chloride conveyed by the South Fork's streamflow contributes to the main stem's impairment. Riley Creek is impaired by excessive turbidity. RPBCWD monitors flow and water quality in Riley and Purgatory Creeks. 2014 monitoring data show that six of eight monitored reaches of Purgatory Creek exceeded the state standards for total phosphorus(TP)concentration and four had low concentrations of dissolved oxygen (DO).Two reaches exceeded the state standards for total suspended solids(TSS). Riley Creek within Eden Prairie also exceeded the TP standard in two of the three monitored reaches as well as the DO standard in one reach and the TSS standard in one reach. (RPBCWD 2014). Streambank Stability. An ongoing concern for both Riley and Purgatory Creeks is streambank stability. Urban streams are often prone to erosion and bank failure when rain runs off impervious surfaces and through storm sewers to streams,causing water levels to rise quickly and flows to increase in velocity.This stress can result in bank failures that contribute excess sediment to the stream,can topple trees, and can threaten infrastructure. The City has undertaken walking assessments of Riley and Purgatory Creeks,and identified existing erosion issues and their severity. Banks pins have been installed at several locations on Riley Creek to track the rate of streambank erosion;these are measured annually when the walking assessment is updated.The results have been summarized in a Technical Memo that is included in Appendix D. The RPBCWD has developed a Creek Restoration Action Strategy(CRAS) plan for all three streams to prioritize reaches,sub-reaches,or sites, in need of stabilization and/or restoration. RPBCWD has identified seven categories determined to be important factors for project prioritization.These categories include: A Infrastructure risk A Water quality A Erosion and channel stability A Project cost A Public education/access A Partnerships A Ecological benefits Both the City's walking assessments and the CRAS have identified similar locations on the two streams as high priority for stabilization and restoration.These assessments will assist the City in prioritizing future stream restoration projects and help to quantify benefits such as water quality or ecological benefits. 3-12 I August 2 0 1 6 3.6 GROUNDWATER Eden Prairie relies on groundwater for municipal water,currently operating fifteen wells drawing from the Prairie du Chien-Jordan aquifer.Groundwater is managed through the City's Wellhead Protection Plan (WHPP).That plan provides comprehensive guidance to protect wellhead areas from contamination while meeting the requirements of the Safe Drinking Water Act and the Minnesota Groundwater Protection Act.The WHPP details measures to protect the groundwater entering and flowing through the Wellhead Protection Area to protect the drinking water supply from contamination.The following items are included in the WHPP: A A delineation of the Wellhead Protection Area (WHPA)and Drinking Water Supply Management Area (DWSMA)for the public water supply system using the most recent version of the Twin Cities Metropolitan Area Groundwater Flow Model.This has resulted in an expanded DWSMA that now extends into Minnetonka, Deephaven,Shorewood and Chanhassen. A Identification of potential sources of contamination to the DWSMA,such as unsealed wells, Class V wells,and Underground Storage Tanks, and establish strategies and actions to manage risk and to minimize impacts to the DWSMA. A A Spill Response Plan In coordination with other cities in the DWSMA. A Information and guidelines and policies for the use of infiltration BMPs for stormwater management. The Hennepin County Groundwater Protection Plan was completed in 1994 and approved by the Board of Water and Soil Resources(BWSR), but has not been adopted by the Hennepin County Board. As such, Hennepin County does not have what would be considered an approved Groundwater Protection Plan and is not a part of the LWMP review process. 3.7 FLOOD DATA Information on 1-percent(1%)annual chance(100-year)flood levels and peak discharges of basins can be found in the HydroCAD model output in Appendix A.As noted below in Section 4.3 of this Plan,this modeling used the updated precipitation event depths published in the National Oceanic and Atmospheric Administration's(NOAA) Atlas 14. In addition,the Nine Mile and Riley-Purgatory-Bluff Creek Watershed Districts are in the process of updating their floodplain modeling using Atlas 14. 3.7.1 Floodplain The Federal Flood Insurance Program has delineated the floodplain in Eden Prairie and includes floodway and flood fringe areas inundated as a result of the 1-percent annual chance(100-year)flood.The 1-percent annual chance(100-year)floodplain,as defined by the Flood Insurance Program for flood insurance purposes,was detailed by a Flood Insurance Study.The resultant maps are on file at City Hall and with the DNR and are available from the Federal Emergency Management Agency(FEMA). Flood maps are also available online on the Hennepin County Natural Resources Interactive Map gis.hennepin.us/naturalresources/map/default.aspx or from FEMA at msc.fema.gov/portal. FEMA has not yet updated the Flood Insurance Study and maps using Atlas 14 precipitation depths. The Nine Mile Creek and Riley-Purgatory Bluff Watershed Districts have calculated 1-percent flood envelopes for each creek system.The City's floodplain ordinance requires that fill or excavation in the floodplain is subject to a permit from the appropriate watershed district.The ordinance further requires that applications for building permits or zoning or land use changes or extensions within the floodplain must be submitted to the appropriate watershed district for review prior to approval by the City. 3.7.2 Localized Flooding Issues In the 1970's the City completed a Local Drainage Plan to evaluate drainage and potential flooding issues within the City.This plan and subwatershed HydroCAD models were updated in 1999 and then again for this LWMP using 3-13 I P a g e August 2 0 1 6 updated pond data and Atlas 14 precipitation depths.This modeling is not intended to determine floodplain or flood-prone locations; it is used to evaluate the capacity and adequacy of the drainage system. The updated models identified several locations where there may be the potential for ponds to overflow and result in localized flooding.These locations were reviewed by City engineering staff,which were not aware of any history of flooding during large rain events. It may be that these predicted overflows are just artifacts or limitations of the model or these may be locations that should be watched to verify past observations. A The pond system east of Dell Road and south of Duck Lake Trail designated 07-12-A,07-12-B,07-12-C and 06- 43-A may have the potential to overflow into the Evanston Road cul-de-sac west of Loralee Lane. A The model indicates that basin 15-33-A may overflow into the parking lot to the northeast of the basin. Depending on grading and if/where catch basins are located property may be impacted.The pond is located near the intersection of Morgan Lane and Towers Lane, north of McCoy Lake. A The model indicates that basins 14-23-A and 14-23-B may overflow into adjacent roads. Depending on how overloaded the storm sewer system is at the time,water may continue onto the property of the fitness building to the west.The ponds are located on the east side of Prairie Center Drive, north and south of Singletree Lane. 3-14IPage August 2016 4.0 Assessment of Problems, Issues and Requirements 4.1 STORM WATER POND INVENTORY AND ASSESSMENT The City's stormwater system is comprised of storm sewer, open channels,and approximately 970 water bodies or basins(Figure 4.1).These include constructed ponds,stormwater wetlands,wetland mitigation areas, lakes, infiltration BMPs,drainage swales or ditches,and creek segments. Following NPDES requirements,the City inspects each water body that receives public drainage a minimum of once per NPDES permit cycle. The Minnesota Pollution Control Agency(MPCA) required the City to start the BMP treatment effectiveness evaluation required in the 2013 NPDES permit starting in 2010.To complete this task, in 2010 the City developed a plan to complete the studies by lake watershed,and include constructed ponds,wetlands that receive stormwater, infiltration BMPs and ditches that receive public drainage. This multi-phase pond inventory and assessment program will systematically evaluate the condition of the City's stormwater facilities, undertake sedimentation surveys, assess pollutant and sediment removal effectiveness and determine maintenance needs(see Figure 4.2).To date,the city has completed the field work for 5 phases in the following drainage areas: A Phase I -Staring Lake(2010-2013) A Phase II-Eden and Neill Lake (2011-2013) A Phase III—Red Rock and Duck Lake(2012-2014) A Phase IV-Riley Creek-drainage area south of Riley Lake from the western City limit to the western portion of Flying Cloud Airport(2013-2015, draft report submitted in December 2015) A Phase V-Mitchell Lake(2014-15,draft report submitted in December 2015) In each phase the inventoried basins are field surveyed and inspected,sediment accumulation is estimated,and maintenance needs are identified.Watersheds and pondsheds are delineated. For each surveyed lake,sediment cores and water samples are collected to help determine the watershed and lake phosphorus budgets.Watershed- wide P8 models and lake-response models are being created for each subwatershed and receiving water as the program progresses through the City. The final step in each phase is to determine whether the existing basins provide an adequate amount of pollutant removal for the receiving waters,and if not, how much phosphorus load reduction would be necessary to meet state water quality standards.The P8 and lake response models are used to identify the effectiveness of potential projects such as basin cleanouts or enhancements or additional BMPs in the subwatershed. Each phase is summarized in a Watershed Basin Inventory and Maintenance Assessment Report that sets forth key projects and maintenance activities,costs,and estimated pollutant load removals. Maintenance needs are prioritized by degree of sedimentation, proximity to public waters, location within the stormwater treatment system, potential water quality benefits,and budget available. The pond inventory and assessment program will be ongoing activity over the next several years as drainage areas continue to be studied.A tentative schedule by drainage area is shown below.This schedule may be revised as circumstances provide and as the budget for this activity allows. 4-1(P a g e August 2 0 1 6 A Phase VI-Rice Marsh Lake( 2016) A Phase VII—Riley Lake(2017) A Phase VII - Round Lake(2018) A Phase VIII-Purgatory Creek drainage area downstream of Staring Lake(2019) A Phase IX-Grass/Rice Lakes(2020-21) A Phase X- Birch Island Lake(2022) A Phase XI-Bryant Lake(2023) A Phase XII - Lake Smetana (2024) A Phase XIII-Anderson Lakes(2025) For each phase of the program the City inventories all basins in the drainage area. Basins less than 0.25 acres in size and basins which do not receive public drainage are also excluded from further analysis, unless they are a key part of a drainage way. Basins are considered public if they meet one or more of the following conditions: located on City property,within City right-of-way,with a drainage and utility easement,or are private, MnDOT,or County basins but receive runoff from City right-of-way.Table 4.1 shows the number of basins initially identified and the number inventoried for each of the five completed phases of the program. Table 4.1. Basins for which an inventory and assessment have been completed through 2015. Basin Inventory Phase Total to 1 2 3 4 5 Date a a a a a a a aaJ a, O a, . a, .o a, .o 11/ . a, mo o i+ C .+ C i+ C i.. c i+ c Y C Type of City a v a C v CU a C v C "0 C -0 C a C v C Basin Total Constructed 342 90 66 10 8 36 18 37 28 18 18 191 138 Ponds Infiltration 62 2 1 0 0 0 0 11 8 4 4 17 13 BMPs Mitigated 30 7 7 0 0 0 0 5 5 0 0 12 12 Wetlands Stormwater 440 115 83 17 16 5 5 17 12 16 16 170 132 Wetlands _ Wetlands 144 22 14 6 3 59 54 14 10 5 5 106 86 Total 1,018 236 171 33 27 100 77 84 63 43 43 496 381 Lakes 16 1 1 2 2 2 2 0 0 1 1 6 6 Source:Wenck Associates, Inc. 4-2 I August 2016 1111•11 I!WM1I II•11 1rifx.fi IIijj 11_II_ui•_.•AfMPAMIItillI✓lu ENu MEuMuMIIIMIIP lIwIIMIrl -:�il:MelMu✓![ mi.. i Y (- .i '�f i { fir . # II • Island ii IF Jilli •- -• Q • Lake rvelL�!} N -"* ■ 1 , Hagonsnl La 1 Park F4r0 I '. II � 2 .Iles . Schoo vnai q4D ,o.Aa:r•�.r Duct, r h +. rams a.R! 4f L I 1 t po •* Q mr `' �' M Tinund`''b�Aey vioyr R4 , •:-_..j. A. ■:;: - * L. Q` f .l._-- L1- - st 1t .1 _ ' ` Y J' , N.L,'.ar✓ Ain 1.ale iCr �Chna5oga.1 P + _ r - - r � . r• j • � y�e,r�t,tsRa �F 1 - - ' • 0' ••+ .,_ f '.4 J gm. .•• ., , t g Rau f N.,,, . Hack i I •ai LatiB MPDN. I . IF 1 .•a . c• A: 4 . Y darrh� r , ` ikaP� v i7y 40„ , o n! IuL f Soneer t• ky j '371fey loise�III • i Staring II; •. ParlC..1 '? '' Lake } ilk ■ * 1 Stsrrng = r tic • e / Lalo3 Park 'f•i,IIS_ r t F�Fitfg �` s 41 Ga1�Cluh • wi ', pioneer TPA ( • t 7 ,, Airport ■ ✓ ! F ••.~ r �...1 • a j Franki - v. Parts Grass ER iv r 7 Memc'rlal cR•Tll1 i i ...e t P . •irapfr. . r;. .... Basin Type Mitigation Wetlands Source: ESRI, Minnesota DNR, Constructed Ponds Stormwater Wetlands Cry of Eden Prairie,WonckAssaciates, Inc. fg 0.5 0.25 0 0.5 � A Infiltration BMPs Wetlands �-- -Miles -_-t,_t,_ -,.,___-"...''a,.,_- Figure 4.1.Inventoried stormwater system basins as of 2015. Source: Minnesota DNR, City of Eden Prairie,Wenck Associates, Inc. 4-3 I P a g e August 2 0 1 6 Enmeuaememillenauseueeowta memizemil muw_iemumeemumuimueeuemummlimeaeiesu k :1:im4111 1Z of Birch / M\A- Nant L Ifore0FOIE ,.._ Want Labe •+ 'SchoolPark anal Park I i • i1 i. I, - 4I, ■ I( • � I .. - ..S Fork - r'j Mile Mile c. 4'4 J ee�ee�i11 - . 5 W MN-5 � 4:" i O 44- iBearparh A Paz p, ,ountry Chit ■ Piney Lake , r Park r • pioneer Tr, •. 1rc� A Cr '.,� .. by dtry- I'S I:rang; t r r^ "3 ABC-'PAru I Rite = Grass M take ---, Lake siii* 49,ve i `.. � CO- , * �� Nifemorral CR-1n't • ' I 4 _ .I.. rrn0a, Pond Inventory Phase 4 N 0-5 0.25 0 0-5 Phase I Phase III Phase V Mlles Source: ESRI, Minnesota DNR Phase II Phase IV Watershed District Boundries Wenck Associates, Inc. Figure 4.2. Pond Inventory Program phases as of 2015. Source: Minnesota DNR,Wenck Associates, Inc. 4-4IPage August 2016 4.2 WETLAND INVENTORY Functions and values assessments were completed on 537 water bodies in Eden Prairie in 1997 using the Minnesota Routine Assessment Method (MnRAM)Version 1.0.These included 478 wetlands, 15 lakes,and 44 stormwater basins.This assessment included establishing nine high-quality wetlands of various types across the City to be used as functions and values references. Results of those assessments were published in the Comprehensive Wetland Protection and Management Plan (Peterson Environmental 1999),and are incorporated into this Plan by reference.The database of waterbodies continues to be updated.The basin inventory currently includes 144 wetlands,440 stormwater wetlands,30 mitigation wetlands,and 16 lakes(Table 4.1). The functional level of each wetland is assessed on the following functions.The City has classified each wetland as Exceptional Quality, High Quality, Moderate Quality,and Low Quality based on its floral diversity and integrity metric score. A Floral diversity and integrity A Fish habitat A Groundwater interaction A Wildlife habitat A Shoreline protection A Commercial uses A Water quality protection A Flood and stormwater A Recreation/aesthetics/education attenuation and science The City's wetland management standards are set forth in Section 11.51 of the City Code, "Standards for the Protection of Wetlands." Developments containing or abutting wetlands are required by the Wetland Protection Ordinance to meet a number of requirements.Such developments must submit an updated MnRAM assessment and wetland delineation to determine the most current classification and extent of any wetlands present.The ordinance stipulates minimum structure setbacks and wetland buffer widths based on that wetland classification, and sets forth standards for restoration or mitigation of impacts to wetlands. 4.3 HYDROLOGIC MODELING As part of this Plan,the HydroCAD hydrologic and hydraulic models for the City were updated to include the most recent watershed and basin information and the newly-redefined 100-year Atlas 14 precipitation event. In 2014, the National Weather Service Hydrometeorological Design Studies Center released NOAA Atlas 14,Volume 8, detailing updated precipitation frequency estimates.The new estimates are based on improvements in three primary areas:denser precipitation data networks with a longer period of record,advanced statistical techniques, and new techniques for spatial interpolation and mapping.Atlas 14 improves the accuracy of the precipitation frequency estimates, and supersedes older references, including the commonly-used Technical Paper 40,which was published in 1961. There are four individual HydroCAD models for the City-the Riley Creek Watershed, Purgatory Creek Watershed— Part A, Purgatory Creek Watershed—Part B,and Nine Mile Creek Watershed (Figure 4.3). Due to its size and the large amount of input data,the Purgatory Creek model was split into two smaller models, identified as A and B, and linked together. The purpose of performing this modeling is for planning-level assessments.The models were not calibrated to actual runoff and flows, and are not intended to be flood studies.Watershed and basin information was compiled from the completed Basin Inventory Phases 1, 2 and 3,and the Nondegradation studies. Model output is quite lengthy and is available electronically.The models and output files are incorporated into this Plan as Appendix A. 4-5(P a g e August 2 0 1 6 ter•'.,:: 'r_7-,----+urraurr+•q.r+.u.rrlr.rr.u•u•urru.ri_u_Ir_uM+rsi+4�ru.II „ tili ■ . ,:, „,, , v ,_,,,J -Pis - ti Ali-- a :: 4 Duck ,d Bryanf Lake e ilar 111 Lake 1.). liok Of* i kark (Jo_ Rno�u d AA i iirPA„r-t'urkt Ft' iliii::. — i C1AVe1 alfe' - . SFork i .4,6, . 0 4b,,,.__... 11 ------ ..._. vine e Mile Cr , "POT. M,p1 Schell L. Lake ; , dtewild it it s,^ �1. C de rso •. 1 ._a.ke Roo Poo Lake it - fake ,akes - rloccy - i Lake r ,,, /" Staring Lake ] Lake R 4 , (Y iki l ,_r Fly / Cbu. • At po rt _ fly - - -,- v - �, glues - - A 17e : 1 rice Lake` Little "� Lakee\ 'Grass Lake ■ tom �� 7 eso �� �_ ; � �i7 t�� , Ipe t r O 1, n C4rrrmNf` I '• i Source:ESRI,Minnesota DNR, Purgatory Creek-A Nine Mile Creek City of Eden Prairie,Wenck Associates, Inc. 0,5 0.25 0 0,5 Purgatory Creek- B Riley Creek ®Miles A 5rF Figure 4.3. Eden Prairie HydroCAD models. Source: Minnesota DNR, City of Eden Prairie,Wenck Associates, Inc. 4.4 PROBLEMS,ISSUES AND REQUIREMENTS IDENTIFICATION Local water management problems, issues and requirements were identified by reviewing: A Statutory requirements for Local Water Management Plans A Water body inventories A Comprehensive Wetland Protection and Management Plan A Lake inventory data A Input solicited from the public,the Conservation Commission, City staff, and state and local agency staff 4-61 P s g e August 2 0 1 6 Table 4.2 summarizes those problems,issues and requirements by category.After the problems,issues,and requirements were identified staff and the Conservation Commission collaborated to identify goals and policies and to prioritize potential solutions to help the City of Eden Prairie accomplish the goals of this Plan. Table 6.2 later in this Plan shows how the actions in the Implementation Plan address each of these problems and issues. Table 4.2. Identified problems,issues and requirements. Category Identified Problem,Issue or Requirement Water Quality • Lakes and streams in the City are listed on the Clean Water Act Section 303(d)TMDL Conditions List of Impaired Waters. • Ongoing stormwater system maintenance needed to protect and improve surface waters,ensure system integrity, and fulfill NPDES permit obligations. Regulatory • Limited budget available to implement NPDES Phase II Permit requirements requires Requirements and prioritization of resources. Operational Policies • Atlas 14 updated precipitation frequency data is available for review, incorporation into the City's review procedures and adoption. Both Nine Mile Creek and Riley- Purgatory-Bluff Creek watershed Districts are updating their hydrologic and hydraulic models to use Atlas 14 data. • Approaches such as Minimal Impact Development Standards(MIDS)and Integrated Management Practices,which are approaches to storm water management that mimic a site's natural hydrology as the landscape is developed,are available to reduce the cost of controlling runoff and protecting and improving water quality. • The City's 2013 NPDES permit and SWPPP Document required ordinance revisions and updates to the City's operating program requirements. • City goals, policies and ordinances to help protect natural resources will need review and refinement for consistency with NPDES and Riley-Purgatory-Bluff Creek, Nine Mile Creek and Lower Minnesota WD requirements. Water-Based • Water quality should be protected or improved as needed to protect or manage Recreation Needs recreational opportunities while maintaining water quality goals. • As water quality and clarity improves,aquatic vegetation management may be needed to reduce invasive species, encourage beneficial vegetation,and allow recreational usage. • Control of aquatic invasive species(AIS) is a continuing concern. Maintenance • Pond maintenance and repair needs have been and will be identified during the basin Requirements inventory and maintenance assessments, including items such as creation or restoration of storage capacity, repair of erosion issues,and addition of alternative stormwater treatment techniques. • Street sweeping,sump manhole cleaning, and regular stormwater facility inspections are necessary on an ongoing basis to help reduce nonpoint source pollutant loads. Education and • Education and outreach efforts could be expanded and new educational Outreach opportunities added for targeted groups as needs are identified. Financial Resources • Financial resources are limited, requiring that projects be prioritized. Groundwater • The LWMP and SWPP should be coordinated with the Wellhead Protection Program Protection so that policies that encourage infiltration and groundwater recharge are consistent with the policies to protect groundwater recharge areas. Collaboration • There are opportunities for collaboration with other agencies such as the watershed Opportunities districts, Hennepin County,the Three Rivers Regional Park District,and state agencies to leverage expertise and resources to finance and construct improvements. 4-7(P a g e August 2 0 1 6 5.0 Goals and Policies This section of the Plan outlines goals and policies guiding surface water management in the City of Eden Prairie. 5.1 GOALS AND POLICIES Water Quality Goal 1. Work to achieve water quality standards in lakes,streams,and wetlands consistent with intended use and classification and State of Minnesota water quality standards. Policy 1.1. Require that development and redevelopment projects demonstrate no net increase in the annual mass of total suspended solids(TSS)or total phosphorous(TP) leaving the site compared to pre-development conditions. Policy 1.2. Require the use of green infrastructure techniques such as Minimal Impact Design Standards (MIDS)during development review through a Green Infrastructure Analysis to meet infiltration and reduce pollutant and nutrient loading to water resources where feasible. Policy 1.3. Work in partnership with the Watershed Districts, DNR,adjacent property owners, and other interested parties to restore creeks,creek banks,and gullies for health,safety and ecological integrity, using bioengineering for stabilization projects where feasible. Policy 1.4. Lead by example by incorporating pollution prevention and water quality treatment BMPs in City projects. Policy 1.5. Set an example for citizens and property owners by managing City-owned properties in accordance with appropriate BMPs. Water Quantity Goal 2. Protect downstream water resources,reduce the potential for flooding,and minimize related public capital and maintenance expenditure necessary to control excessive volumes and rates of runoff and to mitigate erosion Policy 2.1. Manage floodplain activities in accordance with all City,state,and federal regulations. Policy 2.2. Require that stormwater ponds be designed to accommodate not less than a critical duration event with a 1-percent chance of occurrence in any given year(100-year return frequency storm). Policy 2.3. Require that new storm sewer systems be designed to accommodate a critical duration event of not less than a 10-percent chance of occurrence in any given year(10-year return frequency storm). Policy 2.4. Require that new or redeveloped structures adjacent to landlocked basins with no outlets be constructed with a lowest floor elevation at least 2 feet above the flood elevation of two consecutive(back-to-back) 1-percent chance(100-year) return frequency storm events. Policy 2.5. Require compensatory storage equal to the storage losses resulting from floodplain fill in the regulatory floodplain. 5-1(P a g e August 2 0 1 6 Policy 2.6. Require that the minimum building elevation (lowest floor elevation)for all structures must be two feet above the established 100-year water level. Policy 2.7. Require that development and redevelopment projects demonstrate no net increase in the annual runoff water volume from the site compared to pre-development conditions. Policy 2.8. Require a Green Infrastructure Analysis to provide reduction of impervious surface area and disconnection of impervious surfaces during development review to reduce runoff and pollutant and nutrient loading to water resources. Policy 2.9. Provide information, educational opportunities and rebate programs for residents to provide guidance and opportunities for installation of infiltration BMPs such as rain gardens or shoreline restoration to reduce runoff from existing impervious surface. Wetland Protection Goal 3. Protect and/or restore wetlands to improve or maintain their functions and values in accordance with the Minnesota Wetland Conservation Act and the City's Wetland Protection ordinance. Policy 3.1. Continue to act as the responsible Local Government Unit(LGU)for administration of the Minnesota Wetland Conservation Act(WCA)for project sites that have wetlands in the Lower Minnesota River and Riley-Purgatory-Bluff Creek Watershed Districts. Policy 3.2. Administer wetland protection and mitigation in accordance with the Minnesota Wetland Conservation Act, as amended,and the City's Wetland Protection ordinance. Policy 3.3. Maintain and periodically update the wetland inventory data and the wetland management classifications provided in this plan as new information is collected. Policy 3.4. Continue to require the establishment and maintenance of buffers around wetlands as set forth in the City's Wetland Protection ordinance and as outlined in Watershed District standards and rules. Groundwater Goals Goal 4. Work to prevent contamination of the aquifers,promote groundwater recharge and encourage water conservation practices. Policy 4.1. Continue implementation of the Wellhead Protection Plan. Policy 4.2. Cooperate with the Minnesota Department of Health (MDH), Hennepin County,the Department of Natural Resources,and other agencies to periodically assess the vulnerability of groundwater used for drinking water supplies. Policy 4.3. Require infiltration of stormwater and resulting groundwater recharge where it is feasible and does not pose a threat to groundwater quality, in accordance with the Minnesota Department of Health's Evaluating Proposed Storm Water Infiltration Projects in Vulnerable Wellhead Protection Areas and the City's NPDES MS4 Stormwater Permit requirements. Policy 4.4. Require proper well abandonment. Policy 4.5. Provide education activities, incentive programs and demonstration projects that promote water conservation to achieve an average residential usage of 75 gallons per capita per day or less. 5-2(P a g e August 2 0 1 6 Erosion and Sediment Management Goal 5. Control or manage sediment discharge into surface water resources and drainage ways. Policy 5.1. Require erosion and sediment control training for staff that are responsible for inspecting erosion control on City and Private construction projects. Policy 5.2. Require management of stormwater runoff and erosion or sedimentation for any land-disturbing project. Policy 5.3. Continue implementation of the City's Land Alteration,Tree Preservation and Stormwater Management Regulations and appropriate enforcement procedures and actions. Policy 5.4. Require the use of BMPs for erosion and sediment control as specified in the Minnesota Stormwater Manual (MPCA, 2005),as may be amended,and watershed district requirements. Recreation, Fish, and Wildlife Goal 6. Support water recreation activities and fish and wildlife habitat by implementation of programs to maintain or improve water quality. Policy 6.1. Preserve vegetative buffers around wetlands and riparian areas to provide habitat for wildlife. Policy 6.2. Balance water recreational activities with water quality, habitat and Aquatic Invasive Species (AIS)issues. Policy 6.3. Explore new opportunities to integrate surface water based recreation activities and wildlife interests within wildlife corridors. Policy 6.4. Enhance recreational opportunities and access to the creek corridor. Policy 6.5. Maintain the natural beauty,accessibility and wildlife habitat for the creek corridors. Policy 6.6. Support programs for monitoring and managing exotic and invasive species. Policy 6.7. Manage the spread of AIS through programs such as watercraft inspection programs, harvesting, herbicide treatments of invasive species, and water quality and vegetation monitoring. The annual program will be coordinated with the Watershed Districts. Policy 6.8. Design and construct lake outlets to provide a barrier to upstream migration of rough fish,and evaluate and maintain existing barriers as needed in coordination with the Watershed Districts. Education and Public Involvement Goal 7. Increase public involvement and knowledge in management and protection of water resources. Policy 7.1. Involve and educate the residents of the City in water resource related issues. Policy 7.2. Offer programs, educational opportunities and information that facilitate or provide a better understanding of water resource issues in the City, region,and state. Policy 7.3. Increase public involvement in management of water resources through volunteer opportunities such as Adopt-A-Street, CAMP,or WHEP. Policy 7.4. Conduct a public involvement process when considering public policies impacting water and natural resources. Policy 7.5. Maintain existing model interpretive sites for the public and seek opportunities for new model sites for water quality or native habitat establishment. Policy 7.6. Seek opportunities to educate and work with local businesses towards improving water quality. 53 I P a g e August 2 0 1 6 5.2 RELATIONSHIP TO OTHER AGENCIES'GOALS AND POLICIES The recommendations set forth in this Plan were developed to be consistent with local, regional, state, and federal rules,goals and policies including: A Local Water Management Rules Chapter 8410 A Wetland Conservation Act and Minnesota Rules Chapter 8420 A Minnesota Pollution Control Agency Water Quality Standards Chapter 7050 A U.S.Army Corps of Engineers Section 404 Clean Water Act A Riley Purgatory Bluff Creek Watershed District Water Management Plan A Nine Mile Creek Watershed District Water Management Plan A Lower Minnesota River Watershed District Water Management Plan A Metropolitan Council Water Resources Management Policy Plan A DNR's Strategic Conservation Agenda 2009-2013 A MPCA's 2013 Nonpoint Source Management Program Plan A Minnesota River Basin Plan 2001 A Metropolitan Council's Regional Park Policy Plan 5-4I P a g e August 2 0 1 6 6.0 Implementation Plan 6.1 IMPLEMENTATION PLAN PRIORITIZATION A priority system was developed to reflect the City's responsibility to protect the health,safety, and general welfare of the environment and its citizens by addressing problems and issues specific to the City.The following factors were considered during development of Implementation Plan. A Corrective actions required. A Steps needed to alleviate or prevent future water management problems. A Educational programs currently provided by the City and where they need supplementation. A Existing goals and policies as well as changes needed to reflect upcoming regulatory needs and requirements. A Programs currently in place or required in the future to monitor and evaluate the effectiveness of the water management programs or policies enacted. A Watershed District Use Attainability Analysis(UAA) results. A Funding availability. A Overall water management concerns within the City. A Requirements of the NPDES Phase II permit A Expected MIDS policies and implementation actions A Completed, pending or expected TMDLs and implementation activities 6.2 PERMITTING AND ENFORCEMENT Numerous local,state,and federal agencies regulate water resources. However,the primary regulators are the City of Eden Prairie;the three watershed districts within Eden Prairie;the Minnesota Department of Natural Resources; and the Minnesota Pollution Control Agency. 6.2.1 Current Ordinances As listed in Section 2.1, Eden Prairie has enacted numerous policies and ordinances regulating and managing water resources. Ordinances require the dedication of easements to protect wetlands, ponds, buffers, native vegetation, etc. and allow for placement of a drainage and utility easement for when a private drainage facility is connected to a public drainage system. Developers are required to execute development agreements specifying parties responsible for ongoing maintenance of stormwater facilities. City Code requirements also provide the authority of the City to order work and assess the cost of maintenance if not satisfactorily provided by the responsible party. The City currently manages and regulates the following activities: A Floodplain regulation (Section 11.45),which establishes a Regulatory Flood Elevation two feet above the 1-percent(100-year)flood elevation and prohibits fill in the floodplain A Shoreland Management standards(Section 11.50),which establish development requirements, regulate shoreline alterations and disturbances, identify steep slopes and bluff impact zones,and establish a permitting program. 6-1(P a g e August 2 0 1 6 A Standards for the Protection of Wetlands(Section 11.51), including setback and buffer strip requirements. Special permitting requirements are also established for land within the Lower Minnesota River and Riley- Purgatory-Bluff Creek Watershed Districts,for which Eden Prairie is LGU. A Land Alteration,Tree Preservation,and Stormwater Management Regulations(Section 11.55) regulating the alteration of the landscape,trees,or vegetation;establishing standards to minimize impact and replacement requirements; and regulating construction site erosion and sediment control. A Sloped Ground Development and Regulation (Section 11.60)standards prohibiting development on steep slopes that may increase erosion or jeopardize the natural character of the land. 6.2.2 NPDES Permit Implementation Requirements As required by its NPDES Phase II Stormwater Permit,the City is updating its Plan to meet new Storm Water Pollution Prevention Program (SWPPP) requirements. Annual activities are detailed in the City's Annual Report and reviewed at an annual public meeting prior to submittal of the annual report to the City Council and MPCA. More information about the SWPPP can be found in the Living Green section of the City's Website (edenprairie.org/community/living-green). The water resources staff of the Engineering Division maintains databases and ArcGIS mapping of stormwater and wetland information.These sources summarize pertinent management information about constructed ponds, wetlands,and other water resources in the City.The information provided for the stormwater ponding systems includes physical condition,watershed acreages, basin sizes, and other as-built information where available.This information is being collected and updated on an ongoing basis as part of the NPDES Phase II permit requirements. The State's General Permit was reissued effective August 1,2013,and the City has been issued a reauthorized permit.The City's SWPPP application identified a number of BMPs that the City needs to initiate or update.The 2013 permit also required revisions to the City's ordinances regarding stormwater management, namely adopting more stringent standards to reduce phosphorus and total suspended sediment in stormwater runoff,and limiting stormwater runoff volume for sites that are greater than 1 acre in size,or sites that are less than one acre but are part of part of a larger common plan of development or sale.The new requirements are set forth in Table 6.1 and are discussed in Section 6.2.4 below. 6.2.3 Watershed District Requirements Wetland Conservation Act(WCA)administration will remain with the Nine Mile Creek Watershed District within its boundaries in Eden Prairie. The City will continue to administer WCA on lands within the Riley-Purgatory-Bluff Creek and Lower Minnesota River Watershed District boundaries in the City. Land-alteration activities that meet certain thresholds within the Nine Mile Creek or Riley-Purgatory-Bluff Creek Watershed Districts must obtain a permit from the appropriate Watershed District and provide for stormwater management,sediment and erosion control,floodplain management and drainage alternations, buffers on water resources,wetlands protection,waterbody crossings and structures,shoreline and streambank improvements, sediment removal and/or appropriation of public surface water or groundwater in accordance with the appropriate and applicable District requirements.Applications within the Lower Minnesota River Watershed District must meet the Stormwater Management Standards provided in the LMRWD's Water Management Plan. In the event that the City, in the future, elects to exercise sole regulatory authority over activities subject to one or more watershed district rules,the City will amend this LWMP plan to specify the regulatory subject(s)for which it intends to exercise authority.This plan amendment would provide for a process whereby City ordinances addressing the selected subjects would be amended on an ongoing basis to ensure protection of water resources consistent with the thresholds and standards set by the relevant watershed district,and to provide for a process for the City to obtain approval of the relevant watershed district for any proposed activity requiring a variance from an adopted ordinance pertaining to a regulatory subject covered by watershed district rule(s). The City will 6-2 I P a g e August 2 0 1 6 submit this plan amendment to the relevant watershed districts for review and approval in accordance with Minnesota Statutes section 1036.235. If this plan amendment is adopted,the City would update its ordinances within one year of receiving notice from the watershed district that it has significantly revised its rules or regulatory standards. Table 6.1 compares the current Eden Prairie ordinances to the NPDES stormwater permit requirements and the watershed districts' rules and standards. 6-3(P a g e August 2 0 1 6 Table 6.1.Watershed district standards compared to current Eden Prairie ordinances. Current Eden Prairie NPDES Stormwater Nine Mile Creek WD Riley-Purgatory—Bluff Creek Lower Minnesota Ordinance Permit Requirements WD River WD Threshold: new Land disturbance of Disturb>1 acre of land,or a. Land-disturbing activities a. Land-disturbing activities Disturb>1 acre of development greater than or equal to part of common that will disturb 50 cubic that will disturb 50 cubic land one acre, including development>1 acre yards or more of earth; yards or more of earth; projects of less than one b. Land-disturbing activities b. Land-disturbing activities acre that are part of a that will disturb 5,000 square that will disturb 5,000 square larger common plan of feet or more of surface area feet or more of surface area development or sale. or vegetation;or or vegetation;or c.Subdivision of a parcel into c.Subdivision of a parcel into three or more residential lots. three or more residential lots. Threshold: Land disturbance of Disturb>1 acre of land,or Same as above,except where Same as above except:where Disturb>1 acre of redevelopment greater than or equal to part of common redevelopment of more than redevelopment of more than land one acre, including development>1 acre 50%of site or that increases 50%of site or that increases projects of less than one impervious by more than impervious by more than acre that are part of a 50%, applies to entire site; 50%,applies to entire site; larger common plan of less than 50%of site,applies less than 50%of site, applies development or sale. only to disturbed area/new only to disturbed area/new impervious impervious Threshold: Movement of more than Disturb>1 acre of land,or a. Land-disturbing activities a. Land-disturbing activities As required by the grading and 100 CY of earth; removal of part of common that will disturb 50 cubic that will disturb 50 cubic General Permit for erosion control more than 10%of development>1 acre yards or more of earth, yards or more of earth, Construction Significant Trees;any b. Land-disturbing activities b. Land-disturbing activities destruction or disruption that will disturb 5,000 square that will disturb 5,000 square of vegetation covering an feet or more of surface area feet or more of surface area area equal to or greater or vegetation or vegetation than 10%of any Land. Water quality No net increase in TP or No net increase in TP or Treatment of 2.5" runoff to Provide for at least 60% Treatment as required TSS annual load (new TSS annual load (new remove 60%TP and 90%TSS removal of TP and 90% by the General Permit development); Decrease in development); Decrease (can count volume mgmt. removal of TSS from all runoff for Construction; TP and TSS annual load in TP and TSS annual load toward total) from impervious surface NURP pond designs (redevelopment). (redevelopment) apply Rate control Must evaluate capacity to No specific requirement No increase over 2-, 10-, and No increase over 2-, 10-,and No increase over 1-or attenuate flows as part of 100-year rates 100-year rates 2-, 10-,or 100-year SWPPP and incorporate if rates capable via a NURP pond 6-4I August 2016 Current Eden Prairie NPDES Stormwater Nine Mile Creek WD Riley-Purgatory—Bluff Creek Lower Minnesota Ordinance Permit Requirements WD River WD Infiltration 1" runoff from new No net increase in annual 1" runoff from all impervious 1.1"abstraction from all 0.5" runoff from new impervious surface runoff volume(new surface of the parcel impervious surface impervious surface development); Decrease in annual runoff volume (redevelopment)to the Maximum Extent Practicable Wetland a.Average 60 feet from No specific requirement a.Average 60 feet from the a. 20 to 80 feet from a.<2 acres, 25' buffer edge of exceptional value edge of high value wetlands, wetlands,depending on minimum; wetlands, minimum 40 minimum 30 feet; mgmt.class; b. >2 acres, 25' feet; b.Average 40 feet from the b. 50 feet from a water basin; minimum, average 50' b.Average 60 feet from edge of medium value c.50 feet from the centerline edge of high value wetlands, minimum 20 feet; of a public waters wetlands, minimum 30 c.Average 20 feet from the watercourse; feet; edge of low value wetlands, d. 30 feet from any c.Average 40 feet from minimum 10 feet. watercourse within the edge of moderate value defined High Risk Erosion Area wetlands, minimum 20 feet; d.Average 20 feet from edge of low value wetlands, minimum 10 feet A structure setback of 15 to 25 feet is also required, depending on the value classification. Linear projects Disturb>1 acre of land; Disturb>1 acre of land; Projects creating>1 acre new If project creates more than No specific may be excepted from may be excepted from impervious surface 5,000 square feet of new or requirement some or all infiltration some or all infiltration additional impervious surface. requirement if lack requirement if lack sufficient right of way sufficient right of way 6-5(P a g e August 2 0 1 6 Current Eden Prairie NPDES Stormwater Nine Mile Creek WD Riley-Purgatory—Bluff Creek Lower Minnesota Ordinance Permit Requirements WD River WD Variances Variances procedures are N/A May approve variance or Defines a procedure to No Variance defined in City Code exception if the variance will evaluate variances and Procedure provided Section 11.76 Subd. 1 and not materially adversely affect exceptions, and generally may shall only be granted when water resources,flood levels, approve if the variance will the applicant establishes drainage or the general not materially adversely affect that there are practical welfare,or if an applicant water resources,flood levels, difficulties in complying demonstrates that better drainage or the general with city code,the natural resource protection or welfare,or if an applicant variances are in harmony enhancement can be achieved demonstrates that better with purposes of code and by the project as proposed natural resource protection or are consistent with than would strict compliance enhancement can be achieved Comprehensive plan. with the provision. by the project as proposed Economic considerations than would strict compliance alone do not constitute with the provision. practical difficulties. Other N/A N/A N/A At least six inches of topsoil or N/A organic matter must be spread and incorporated into the underlying soil wherever topsoil has been removed. Other N/A N/A N/A Soil surfaces disturbed or N/A compacted during construction must be decompacted through soil amendment and/or ripping to a depth of 18 inches(8 inches for single family homes) 6-6IPage August 2016 6.2.4 Ordinance Revisions The City will adopt ordinance revisions as needed to meet and/or balance NPDES and Watershed District requirements. This would include modifications such as the following: A Update definitions and references where needed subject to the City's MS4 Permit requirements. A Revise the Shoreland Management requirements to provide consistency with Watershed District Rules and Standards. A Revise the Standards for the Protection of Wetlands to provide consistency with Watershed District Rules and Standards. The City will begin review of the City Code Sections 11.50, 11.51 and 11.55 starting in 2016 to update these sections to provide consistency with the appropriate watershed district rules and standards. 6.3 IMPLEMENTATION PROGRAMS AND PROJECTS 6.3.1 Education and Outreach The City recognizes that a critical element in reaching the long-term goals developed for this LWMP is public education on the goals and policies established in this Plan.The City uses various media outlets such as local news articles, City newsletters(Life in the Prairie and Living Green), Facebook, and the City of Eden Prairie Living Green website(edenprairie.org/community/living-green)to educate citizens on water quality and water conservation programs.This could include updates on current actions the City is taking to monitor or improve stormwater systems, information about opportunities to improve water quality through workshops or forums,volunteer opportunities,or rebates. City events and festivals provide additional opportunities for education. High priority topics are periodically identified for emphasis,and may include topics such as: A Water resource management A Wildlife habitat A Groundwater protection A Litter control A Wetlands A Pet waste control A Native plant establishment A Leaf and grass clipping management A Wetland, lake and pond buffers A Lawn chemical and phosphorus fertilizer usage A Aquatic invasive species management A Ice control/winter chemical usage The City has developed an Environmental Learning Center, located at the Water Treatment Plant,to educate students on water quality and conservation,sustainability,waste reduction, and environmental stewardship. The ELC is an interactive activity center and laboratory for use by local school groups that focuses on water conservation and stormwater pollution prevention education.Tours of the City's water treatment plant are often incorporated into the educational experience. Adults and youth can also participate in outreach activities such as: A Storm drain labelling A Wetland Health Evaluation Program (WHEP) A Park cleanup events A Citizen Assisted Lake Monitoring program (CAMP) A Adopt-A-Street/Adopt-a-Storm Drain programs. The City Council relies on a citizen Conservation Commission to provide input and advice on topics such as stormwater,water quality,water conservation, environmental education, recycling and solid waste management. The City recognizes the value of coordination and collaboration with other agencies, and will continue these relationships and will utilize collaborative resources such as WaterShed Partners, Let's Keep it Clean,and the Minnesota Stormwater Coalition to maximize resources and message impacts. 6-7(P a g e August 2016 Education programming includes training for City staff on various water resources management topics.The Local Water Management Plan budget in Appendix C includes a budget for Water Resources and Stormwater Pollution Prevention Education. 6.3.2 Maintenance and Operations The City periodically updates and revises its Stormwater Inventory Inspection and Maintenance Plan.This Plan includes both activities necessary to meet NPDES Phase II permit obligations as well as general operations and maintenance activities.These include: A Stormwater pond inspections. A Street and parking lot sweeping. A Catch basin inspection,cleaning,and repair. A Sump catch basin inspection, cleaning,and repair. A Sediment removal as needed. A Televising,jetting,and repair of storm sewers and culverts. A Treatment effectiveness evaluation. A Illicit discharge detection and elimination. Eden Prairie also maintains up to date GIS shapefiles containing information about water bodies,stormwater facilities,and stormwater infrastructure.The City is developing a program to link maintenance records with GIS records to create a dynamic information system. 6.3.3 Capital Projects The budget in Appendix C details a Capital Improvement Program (CIP).The Use Attainability Analyses(UAAs) completed by the Nine Mile Creek and Riley-Purgatory-Bluff Creek Watershed Districts and Total Maximum Daily Load (TMDL) studies have identified potential actions that could help protect and improve the water quality in and enjoyment of studied waterbodies.The Watershed Basin Inventory and Maintenance Assessment reports,the Town Center Stormwater Management Guide,annual stormwater pond inventories and the water quality modeling completed by the City have identified a number of pond maintenance and other projects that the City could use to help restore or enhance the effectiveness of the stormwater system, lakes and creek. Funding for priority projects has been included in the CIP. The CIP also includes projects to install water quality Best Management Practices(BMPs)as part of routine street or other construction projects.These projects are intended to maximize the amount of nutrient and sediment removal of stormwater prior to being discharged into the lakes,streams,and wetlands in the community. Finally,the CIP includes capital projects to reduce lake internal loading,such as alum treatments, rough fish management,and invasive aquatic vegetation management.Stream inventories have been updated and were used to prioritize streambank stabilization and restoration projects for the Implementation Plan. This CIP is regularly reviewed and updated,and projects are added or re-prioritized as more or better information is available or as new problems or opportunities arise. 6.4 ADDRESSING IDENTIFIED PROBLEMS AND ISSUES As noted earlier in Table 4.2 of this Plan,the planning process revealed a number of problems and issues. Table 6.2 repeats those by category,and describes how each was addressed in this Plan. 6-8IPage August 2016 Table 6.2. Implementation actions addressing identified problems and issues. Category Identified Problems and Issues Identified Solutions Water Quality Lakes and streams in the City are listed on The CIP includes,and periodically will be updated Conditions the Clean Water Act Section 303(d)TMDL to include, pollutant load and runoff volume List of Impaired Waters. reduction projects to address listed impairments and NPDES permit requirements. Ongoing stormwater system maintenance Stormwater system maintenance needs are needed to protect and improve surface identified and managed through practices such as waters,ensure system integrity, and fulfill annual stormwater inspections,facility inspections, NPDES permit obligations. street sweeping, manhole cleaning,and capital projects such as targeted pond cleanouts, road maintenance,and facility improvements. Regulatory Limited budget available to implement The budget in Appendix C prioritizes operating Requirements NPDES Phase II Permit requirements programs and projects to address both regulatory and requires prioritization of resources. and operational needs and water resource Operational improvements based on current information. Policies Atlas 14 updated precipitation frequency The City and watershed districts (except LMRWD) data is available for review, incorporation require stormwater modeling work to use Atlas 14 into the City's review procedures and precipitation depths and nested distributions. adoption. Approaches such as Minimal Impact The City will continue to work with developers to Development and Integrated Management incorporate these standards into new development Practices are available to reduce the cost of and redevelopment projects through the Green controlling runoff and protecting and Infrastructure Analysis requirement in City Code. improving water quality. The City's 2013 NPDES permit and SWPPP City Code was revised to incorporate volume Update mandate required ordinance management and water quality requirements for revisions and operating program sites larger than one acre in accordance with the enhancements. City's MS4 permit requirements. City goals, policies and ordinances to help The City currently has ordinances in place protect natural resources may need review protecting steep slopes,shorelands,wetlands,and and refinement for consistency with NPDES tree canopy. The City will incorporate comments and Riley-Purgatory-Bluff Creek, Nine Mile made by the Watershed Districts regarding city Creek and Lower Minnesota WD code sections for wetland,stormwater and requirements. shoreland management starting in March 2016 to be in conformance with the District's Watershed Plans. Water-Based Water quality should be protected or This Plan includes a number of capital projects and Recreation improved to protect or manage maintenance programs intended to improve water Needs recreational opportunities while quality to better support fishing,swimming and maintaining water quality goals. boating. As water quality and clarity improves, The City will continue to work with the DNR, aquatic vegetation management is Hennepin County and the local watershed districts necessary to reduce invasive species, to undertake actions such as the use of alum, encourage beneficial vegetation and allow harvesting or herbicides to control invasive recreational usage. vegetation and encourage beneficial vegetation and native habitat. 6-9IPage August 2016 Category Identified Problems and Issues Identified Solutions Control of aquatic invasive species(AIS)is The City will continue to work with the DNR,Three of growing concern. Rivers Park District, Metropolitan Council, Hennepin County and the watershed districts to undertake actions such as watercraft inspections, biocontrol,fish restocking,or other similar activities. Maintenance Pond maintenance and repair requirements The City will continue to systematically inventory Requirements have been and will continue to be and assess the condition of public stormwater identified during the basin inventory and infrastructure,such as infiltration basins, assessments, including items such as stormwater wetlands and constructed stormwater creation or restoration of storage capacity, ponds.The CIP includes and will periodically be repair of erosion issues, and addition of updated to include projects identified in the alternative stormwater treatment stormwater inventory and inspections. techniques. Street sweeping,sump manhole cleaning, The maintenance program includes provisions for and regular stormwater inspections are regular and special street sweeping;inspection and necessary on an ongoing basis to help maintenance of sump manholes and catch basins; reduce nonpoint source pollutant loads. basin inspections and repairs; illicit discharge detection; and erosion control. Education Education and outreach efforts could be Education and outreach efforts will be continued and Outreach expanded and new educational for programs such as the Environmental Learning opportunities added for targeted groups as Center;written and electronic communications needs are identified. through the City website, newsletters and social media; opportunities for participation by citizen volunteers such as the Wetland Health Evaluation Program (WHEP)and the Citizen Assisted Monitoring Program (CAMP)for lakes; and annual workshops or participation in local events. Financial Financial resources are limited, requiring The budget in Appendix C prioritizes operating Resources that projects be prioritized. programs and projects to address both regulatory and operational needs and water resource improvements.The City will continue to leverage available funding by collaborating with partners and seeking grant funding.The rate schedule will be evaluated and adjusted periodically,taking into consideration both project needs and budget requirements. Groundwater The LWMP and SWPP should be Infiltration requirements are to be integrated with Protection coordinated with the Wellhead Protection Wellhead Protection requirements to protect Program so that policies that encourage groundwater quality. infiltration and groundwater recharge are consistent with the policies to protect groundwater recharge areas _ Collaboration There are opportunities for collaboration The City will continue to collaborate with the Opportunities with other agencies such as the watershed watershed districts and other relevant agencies to districts, Hennepin County,the Three identify and complete capital projects. Rivers Regional Park District, and state agencies to leverage expertise and resources to finance and construct improvements. 6-10(P a g e August 2 0 1 6 7.0 Funding Considerations The City will fund the Implementation Program (IP)through a combination of funding sources.The primary source of funds will be Stormwater Utility Fees.The types of activities included in the IP can be categorized as operations and maintenance; programs and special studies;and capital projects. Operations and maintenance and most of the proposed programs and special studies would be funded by the Stormwater Utility,the General Fund,or the Water Surcharge Fund. For capital projects,other sources of funding may be available to supplement Stormwater Utility Funds,such as: matching funds from the watershed districts,contributions from other agencies for cooperative projects,or grant funds. 7.1 STORM WATER UTILITY FEES The City's Stormwater Utility revenue is generated by fees according to land use(Table 7.1). In 2015 this fee rose to a total of about$1.86 million.The stormwater utility fee will be the primary funding source for the Implementation Plan. The budget in Appendix C shows the estimated expenditures and revenues from this source, based on preliminary discussions of potential rate increases through 2020. Table 7.1. Eden Prairie Stormwater Utility rates for 2016. Quarterly Rate Land Use 2016 Single family(per lot) $10.20 Multi-Family(per acre) $101.25 Industrial (per acre) $101.25 Commercial/Office(per acre) $129.30 Institutions(per acre) $114.75 Parks/Open Space/Golf(per acre) $14.10 Undeveloped Lands(each) $33.75 Airport/Landfill (per acre) $25.20 7.2 WATERSHED DISTRICT FUNDING Some projects are eligible for cost share by the watershed districts. Each district has in place cost-sharing policies and a procedure to determine the watershed-wide benefit of improvements petitioned for by the cities. Some of the projects proposed for construction have been approved by the watershed district for funding consideration. Projects and programs in the IP in subsequent years must be brought forward by the City to the watershed district for individual consideration. 7.3 OTHER FUNDING SOURCES A number of grant opportunities are available that might supplement City funding which should be evaluated as projects are scheduled.The City has obtained Clean Water Fund grants from the Legacy Amendment,and that will continue to be a source of potential funding. The Department of Natural Resources maintains a number of relevant grant programs. Most of these grants require a 25-50 percent match. The MPCA also administers several grant and loan programs,although these are targeted to water resource studies and TMDL studies. The availability of funds will be evaluated as project needs arise. 7-1(P a g e August 2016 8.0 Plan Updates The Eden Prairie Local Water Management Plan extends from 2016 to 2025. However,this document is intended to be a planning tool that will adapt to changing needs and requirements in management practices and financial resources. For example,the Implementation Plan will be reviewed and updated as needed and the financial analysis will be reviewed annually and updated as the City's annual CIP and project needs are evaluated and completed. 8.1 WATERSHED DISTRICT PLAN AMENDMENTS Section 6.2.3 sets forth a process to amend this Plan in the event that the City, in the future,elects to exercise sole regulatory authority over activities subject to one or more watershed district rules. In all other cases, revisions to this Plan required by Watershed District Plan Amendments will be addressed in accordance with Minn.Stat. 103B.235 and Minn. Rules 8410.0160 Subp.6. 8.2 PUBLIC REQUESTS Any person either residing in or operating a business within the City may request an update to the LWMP. Requests must be submitted in writing to the City Manager. The request shall outline the need for the revision as well as any materials the City may need to consider before making its decision. City staff shall review the request and determine whether the request is warranted. Staff shall consider the following options: A Reject the request as unwarranted. A Accept the request as a routine issue. Routine issues will be addressed individually as a routine update under Section 8.1.2. A Accept the request as a major issue.The request and the need for a public hearing will be evaluated by City staff and scheduled with the City Council and Watershed Districts for review and consideration. Examples of the types of requests that may require a public hearing and update to the Local Water Management Plan include: o Adoption of more stringent official controls, o Proposals to discontinue programs, or o Actions that would change the Goals of the LWMP. After review and/or public hearing before the City Council,the request will be approved or denied. If a Plan Update is required as a result the request will be referred to the appropriate watershed district or other agency for comment and approval and a process to update the LWMP will be initiated. Major issues would only become effective upon completion of the Watershed District, Metropolitan Council and City Council review and approval process. 8.3 ROUTINE UPDATES City staff will review development changes, budget amendment requirements,capital improvement projects, water management-related issues,and NPDES regulatory changes on an annual basis. Routine updates include wetland review results, budget changes, changes in education and outreach programming, basin repair issues, stormwater pond creation or expansions, and databases updates. 8-1(P a g e August 2016 9.0 Planning Process The City initiated work on this Plan update in 2012.A kick-off meeting with the Watershed Districts was held on December 12,2012. At this meeting the District representatives described their requirements for the Plan and what they would like to see the City focus on in the coming ten years. The City's Conservation Commission acted as the Citizen's Advisory Committee for this Plan update.An initial discussion was held with the Conservation Commission on March 12, 2013.That discussion included an overview of the requirements for Local Plans,and introduction to the problems and issues the Plan would address.The City's current ordinances related to water resources management were compared to the requirements of the watershed districts and to the reauthorized State of Minnesota General Stormwater Permit and Construction Permit at the Commission's October 8, 2013 meeting. It was noted that revisions were necessary to the City's code of ordinances to bring them in to conformance with the General Stormwater Permit requirements. The proposed Goals and Policies were reviewed by the Conservation Commission at its November 12,2013 meeting.On May 12,2015 the Commission discussed the implementation plan components and was provided an overview of the ordinance revisions that were proposed to meet new requirements for stormwater management. City staff provided a status update at a City Council workshop on February 17, 2015.This update included a summary of the Local Water Management Plan update as well as the new stormwater permit requirements. The Planning Commission also received this update at its March 9, 2015 meeting. A public hearing for the draft LWMP was held on June 16, 2015. Public comments were received between June 11 and June 26,2015. Comments were incorporated into the Draft LWMP prior to submittal to the watershed districts and Metropolitan Council for review. The Review Draft was distributed on July 17,2015 with a comment period through September 21, 2015. A request for an extension of the comment period was received and the comment period was extended through November 2, 2015. A City Council workshop was held on November 17, 2015 to review the comments and to provide staff with direction on completing the LWMP. Comments received from the watershed districts were incorporated into the LWMP. A summary of the comments received and the responses provided are in Appendix E. 9-1(P a g e August 2 0 1 6 CITY COUNCIL AGENDA DATE: September 6, 2106 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. Paul Schlueter Declare 2011 Kubota Lawn Mower as Fleet Services Surplus Equipment and Authorize Ordering of a Replacement Mower Requested Action Move to: Declare 2011 Kubota lawn mower Unit 103 as surplus equipment and authorize purchase of John Deere Model 1580 lawn mower for$28,878.34. Synopsis The Streets Division has a 2011 Kubota 72" cut front mount rotary mower that is currently scheduled to be replaced in calendar year 2017. The mechanical condition of the existing Kubota mower has been deteriorating and staff is requesting an early replacement of this mower. The wetter than normal weather we have experienced this mowing season continues to put a strain on our mowing equipment. The 2011 Kubota mower is experiencing higher than average down-time and replacing this mower a bit early will reduce our repair expense and provide noticeable benefits this fall in improving the appearance of our mowed turf. The 2011 Kubota lawn mower(Unit# 103) will be traded in or auctioned in compliance with current City Purchasing Policy guidelines. The estimated trade-in/auction value of the old mower is $3,500.00. Funds for the replacement of this equipment are included in the 2017 Fleet Capital Internal Service Fund and adequate dollars are currently available to fund this purchase early. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy equipment under the terms of contracts already negotiated by the State of Minnesota. This replacement mower will be purchased using the State of Minnesota CPV program. Attachment State of Minnesota Contract price quote JOHN ❑EERE ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO(VENDOR): TO DELIVERING DEALER: Deere & Company Minnesota Equipment, Inc. 2000 John Deere Run 13725 Main Street Cary, NC 27513 Rogers, MN 55374 FED ID: 36-2382580; DUNS#: 60-7690989 763-428-4107 rogerssales@mnequip.com Quote Summary Prepared For: Delivering Dealer: City Of Eden Prairie Minnesota Equipment, Inc. 15150 Technology Dr John Braunshausen Eden Prairie, MN 55344 13725 Main Street Business: 952-949-8538 Rogers, MN 55374 Phone: 763-428-4107 johnbraunshausen@mnequip.com Quote ID: 13946123 Created On: 29 August 2016 Last Modified On: 29 August 2016 Expiration Date: 30 December 2016 Equipment Summary Selling Price Qty Extended JOHN DEERE 1580 TerrainCut $ 25,135.12 X 1 = $ 25,135.12 Commercial Front Mower(Less Mower Deck) Contract: MN Commercial Riding Mowers 103916 (PG OB) Price Effective Date: August 29, 2016 JOHN DEERE 72 In. Fastback $ 3,743.22 X 1 = $ 3,743.22 Commercial Rear Discharge Deck Contract: MN Commercial Riding Mowers 103916 (PG OB) Price Effective Date: August 29, 2016 Equipment Total $ 28,878.34 * Includes Fees and Non-contract items Quote Summary Equipment Total $ 28,878.34 Trade In SubTotal $ 28,878.34 Total $ 28,878.34 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 28,878.34 Salesperson : X Accepted By :X Confidential 0 JOHN ❑EERE Selling Equipment Quote Id: 13946123 Customer Name: CITY OF EDEN PRAIRIE ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO(VENDOR): TO DELIVERING DEALER: Deere & Company Minnesota Equipment, Inc. 2000 John Deere Run 13725 Main Street Cary, NC 27513 Rogers, MN 55374 FED ID: 36-2382580; DUNS#: 60-7690989 763-428-4107 rogerssales@mnequip.com JOHN DEERE 1580 TerrainCut Commercial Front Mower (Less Mower Deck) Hours: Stock Number: Contract: MN Commercial Riding Mowers 103916 (PG OB) Selling Price * Price Effective Date: August 29, 2016 $ 25,135.12 * Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 2451TC 1580 TerrainCut 1 $ 31,231.00 22.00 $ 6,870.82 $ 24,360.18 $ 24,360.18 Commercial Front Mower (Less Mower Deck) Standard Options - Per Unit 001A United States and Canada 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 2012 Air Ride Suspension Seat 1 $ 680.00 22.00 $ 149.60 $ 530.40 $ 530.40 with Armrests Standard Options Total $ 680.00 $ 149.60 $ 530.40 $ 530.40 Dealer Attachments/Non-Contract/Open Market BTC10594 Beacon Light 1 $ 313.51 22.00 $ 68.97 $ 244.54 $ 244.54 Dealer Attachments Total $ 313.51 $ 68.97 $ 244.54 $ 244.54 1111. Suggested Price $ 25,135.12 Total Selling Price $ 32,224.51 $ 7,089.39 $ 25,135.12 $ 25,135.12 JOHN DEERE 72 In. Fastback Commercial Rear Discharge Deck Equipment Notes: Hours: Stock Number: Selling Price* Contract: MN Commercial Riding Mowers 103916 (PG OB) $ 3,743.22 Price Effective Date: August 29, 2016 * Price per item - includes Fees and Non-contract items Confidential JOHN ❑EERE Selling Equipment Quote Id: 13946123 Customer Name: CITY OF EDEN PRAIRIE ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO(VENDOR): TO DELIVERING DEALER: Deere & Company Minnesota Equipment, Inc. 2000 John Deere Run 13725 Main Street Cary, NC 27513 Rogers, MN 55374 FED ID: 36-2382580; DUNS#: 60-7690989 763-428-4107 rogerssales@mnequip.com Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 0553TC 72 In. Fastback Commercial 1 $ 4,799.00 22.00 $ 1,055.78 $ 3,743.22 $ 3,743.22 Rear Discharge Deck (For 1500 TerrainCut Front Mowers and 1400/1500's Series II and Non Series II Front Mowers) Standard Options - Per Unit 001A United States and Canada 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 Standard Options Total $ 0.00 $ 0.00 $ 0.00 $ 0.00 Suggested Price $ 3,743.22 Total Selling Price $ 4,799.00 $ 1,055.78 $ 3,743.22 $ 3,743.22 Confidential CITY COUNCIL AGENDA DATE: September 6, 2106 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.M. Paul Schlueter Authorize Purchase of New Squad Car for Fleet Services Police Department (CIP Project# 06500) Requested Action Move to: Authorize purchase of a new squad car for the Police Department for the CIP budget amount of$35,000. Synopsis The current City Council approved Capital Improvement Plan includes the addition of one (1) new squad car for the Police Department in the 2016 calendar year. This item formally requests authorization to purchase that vehicle. Funds for this purchase are included in the 2016 Capital Improvement Plan budget. 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 squad car will be purchased using the State of Minnesota CPV program. Attachment Approved CIP Project# 06500 Project# 06500 Project Name Additional Police Squads Type Unassigned Department Police Useful Life 3 years Contact Unassigned Category Police Department Priority 3-New Safety yes Annual Cost Annual Savings Description Total Project Cost: $70,000 Additional Police Squad Justification To add a permanent car to the fleet to replace use of temporary auction cars. There is a risk that these cards will not be available in the future. Auction cars are used for code enforcment and investigators. Expenditures 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Total Automobiles 35,000 35,000 70,000 Total 35,000 35,000 70,000 Funding Sources 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Total Capital Maintenance& 35,000 35,000 70,000 Reinvestment Fund Total 35,000 35,000 70,000 Budget Impact/Other 183 Thursday,August 14,2014 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda September 6, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. Community Development: Approve agreements between City and County, Janet Jeremiah and City and Flying Dutchman Spirits David Lindahl Requested Action Move to: Approve cost participation agreement between Hennepin County and the City for a $50,000 loan to Flying Dutchman Spirits and a loan agreement between Flying Dutchman Spirits and the City for a $50,000 forgivable loan. Synopsis The attached agreements detail the City's responsibilities for administering a$50,000 grant to Flying Dutchman Spirits through Hennepin County's Moving the Market program. The City partnered with Flying Dutchman Spirits to submit a proposal to Hennepin County requesting a grant to offset Flying Dutchman's tenant improvement costs. The distillery will be located in the Golden Triangle station area,promoting the use of existing bike and trail connection improvements for access. Flying Dutchman will be a new business diversifying the land use in the predominately industrial Golden Triangle Area. Background The Moving the Market program is funded through a grant from the McKnight Foundation to Hennepin County. The program seeks to connect transit,jobs, and workforce development opportunities, with special focus on Southwest Light Rail Transit station areas. The City updated its liquor ordinance last year to allow distilleries and cocktail rooms, opening the door for businesses like Flying Dutchman to operate in Eden Prairie. Flying Dutchman Spirits is a start-up company owned and operated by two Eden Prairie residents. Their distillery and tasting room will be located at 6801 Flying Cloud Drive, Eden Prairie and will be one of the first distilleries located outside of Minneapolis. The Flying Dutchman Distillery will be located within a short walking distance of the future Golden Triangle light rail station, offering a destination for future riders. The location also creates new food and entertainment options for workers in the Golden Triangle Area. Flying Dutchman is using the Moving the Market grant to offset costs related to tenant improvements to the building. As part of the grant requirements, Flying Dutchman will hire minority and/or disadvantaged contractors to complete at least 25% of the tenant improvements. The distillery is expected to open by the end of this year. Attachments Cost Participation Agreement Loan Agreement Hennepin County Contract No. A165990 COST PARTICIPATION AGREEMENT FOR EDEN PRAIRIE MOVING THE MARKET FLYING DUTCHMAN DISTILLERY PROPOSAL This Agreement made and entered into by and between the County of Hennepin, State of Minnesota, a public body corporate and politic ("COUNTY"), A-2300 Government Center, Minneapolis, MN 55487, and the City of Eden Prairie, a Minnesota municipal corporation ("CITY"), 8080 Mitchell Road, Eden Prairie, MN 55344. WHEREAS,the COUNTY established the Southwest LRT Community Works program in December 2009 (Resolution 09-0596)to maximize the benefits and opportunities that will come along with the investment being made in the Southwest Light Rail Transit(LRT) Project; and WHEREAS the CITY has been a member of Southwest LRT Community Works since its beginning, participating on the Steering Committee, in numerous staff committees and workgroups, and has contributed staff time and funding to support Southwest LRT Community Works goals; and WHEREAS, in March 2014,the COUNTY approved Agreement#A132405 accepting grant funding from the McKnight Foundation for a Moving the Market program, in collaboration with Neighborhood Development Center(NDC) and Metropolitan Economic Development Association (MEDA), designed to support and enhance employment and business development in and around Southwest LRT station areas; and WHEREAS, McKnight Foundation Moving the Market also seeks to expand minority-owned mid-market businesses, promoting sustainable business growth and development along the Southwest LRT line, increasing transit ridership and increasing efficient and sustainable regional metropolitan development, creating livable communities and expanding development; and WHEREAS,through the McKnight Foundation Moving the Market program, an opportunity to support business development in the Golden Triangle area has arisen near the planned Southwest LRT station; and WHEREAS,the CITY has identified a development proposal ("Proposal")that repurposes an existing vacant commercial/warehouse space into a new business,the Flying Dutchman Distillery ("Business Owner"); and WHEREAS,this Proposal along with other public investments intends to create new jobs, diversify land use in the area, promote bike and pedestrian friendly connections within the area and to the planned LRT station, support minority and disadvantaged business enterprises, build on existing transit-oriented developments in the area, and leverage private capital; and WHEREAS, Eden Prairie is supportive of this Proposal,citing its consistency with planned land uses around the Golden Triangle station area and with the CITY'S adopted Transit-Oriented Development (TOD) ordinance; and WHEREAS, McKnight Moving the Market funding of this Proposal is anticipated to leverage$3-$4 million in private investment and the development is estimated to generate$2 million in wages and $1.6 million in sales, state and federal taxes over a 5 year period; and WHEREAS,the Business Owner has committed to working with MEDA to identify minority and disadvantaged business contractors to perform 25%of the construction work, partnering with local food truck and restaurant vendors to provide services on site, exploring opportunities with the COUNTY'S Workforce Development division to create a distillery training program; and WHEREAS,the COUNTY has funding available through its McKnight Moving the Market grant allocation to support the Proposal; and WHEREAS,the McKnight grant funds will assist with the building remodeling, providing opportunities for minority and disadvantaged business contractors, providing a facility that is bike and pedestrian friendly, providing space for accommodations for food trucks to serve the development; and space, if desired,for a training program in partnership with Hennepin County's Workforce division; and WHEREAS,the Proposal meets the goals of the McKnight Foundation Moving the Market grant and Southwest LRT Community Works by partnering with cities and the private sector to support business development and diversification,the transition of station areas to transit oriented districts through broader diversification of land uses around station areas, and implementation of pedestrian and bicycle facilities in station areas to create new connections between SWLRT stations and surrounding businesses; and WHEREAS,the COUNTY has the authority to contribute to the Proposal pursuant to Minnesota Statutes §§ 383B.79 and 471.64; and WHEREAS,the parties are authorized to enter into this Agreement pursuant to Minnesota Statutes§§ 383B.79 and 471.59. NOW,THEREFORE,the parties agree as follows: 1. The COUNTY will provide $50,000 to the CITY to fund tenant improvements related to the Flying Dutchman Distillery in accordance with the scope of work attached as Attachment A and incorporated by this reference. 2. This funding will be provided from the COUNTY's McKnight Foundation Moving the Market grant funds. 3. The term of this Agreement is from August 15, 2016 through December 31, 2017. 4. The CITY will be responsible for management of the Project in its entirety. 5. The CITY agrees to provide a final report to the COUNTY on the expenditure of grant funds and progress of the development, in accordance with the scope of work attached as Attachment A and incorporated by this reference.The final report will be submitted in conjunction with the invoice for services rendered. 6. Payment for Services. Payment for services shall be made directly to the CITY upon the presentation of a claim in the manner provided by law governing the COUNTY'S payment of claims and/or invoices. The CITY shall submit an invoice for services rendered on forms which may be furnished by the COUNTY. Payment shall be made within forty-five (45) days from receipt of the invoice. 7. Independent Contractor. The CITY shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of a partnership or joint venture between the parties hereto or as constituting the CITY as the agent, representative, or employee of the COUNTY for any purpose or in any manner whatsoever. The CITY is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The CITY represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the CITY or other persons while engaged in the performance of any work or services required by the CITY under this Agreement shall have no contractual relationship with the COUNTY, and shall not be considered employees of the COUNTY. Any and all claims that may or might arise under the Minnesota Unemployment Insurance Law or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the CITY, its officers, agents, contractors, or employees shall in no way be the responsibility of the COUNTY. The CITY shall defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents,volunteers, and employees from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay, and retirement benefits. 8. Data Privacy. The CITY, its officers, agents, owners, partners, employees,volunteers and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. 9. Records—Availability/Access. Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended),the CITY agrees that the County,the State Auditor,the Legislative Auditor or any of their duly authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the CITY and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6)years after its termination or cancellation. 10. Merger and Modification. a. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any alterations,variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 11. Default and Cancellation. a. If the CITY fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement,this shall constitute a default. Unless the CITY's default is excused by the COUNTY,the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally,failure to comply with the terms of this Agreement shall be just cause for the COUNTY for delaying payment until the CITY's compliance. b. The COUNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. 12. Contract Administration. Catherine Walker, Senior Administrative Manager, or her successor, shall manage this Agreement on behalf of the COUNTY. David Lindahl, Economic Development Manager, or his successor,shall manage this Agreement on behalf of the CITY. 13. Notices. Any notice or demand which must be given or made by a part hereto under the terms of this Agreement or any statute or ordinance shall be in writing and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator at the address given in the opening paragraph of the Agreement. Notices to the CITY shall be sent to the Economic Development Manager at the address stated in the opening paragraph of this Agreement. REMAINDER OF PAGE IS INTENTIONALLY BLANK. COUNTY BOARD APPROVAL CITY, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on the day of , 2016 and pursuant to such approval, the proper County officials having signed this Agreement,the parties hereto agree to be bound by the provisions herein set forth. COUNTY OF HENNEPIN ATTEST: By: By: Deputy/Clerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM: And: County Administrator By: Date: Assistant County Attorney Date: And: Assistant County Administrator, Public Works Date: APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL By: By: Assistant County Attorney Director, Department of Date: Community Works Date: CITY OF EDEN PRAIRIE By: Its: Mayor By: Its: City Manager Attachment A FLYING DUTCHMAN DISTILLERY SCOPE OF WORK The Flying Dutchman Distillery redevelopment proposal leverages significant private capital, builds on existing transit oriented development investments in the area,will create new jobs and diversify the land use around the planned LRT station.The redevelopment proposal supports the objectives of the Moving the Market funding from Hennepin County through the McKnight Foundation by engaging minority contractors and workforce training opportunities, creating jobs in a station area, and transforming auto-oriented suburban business areas to more walkable, bikeable transit oriented areas. Tasks 1. Flying Dutchman to partner with MEDA to identify minority and disadvantaged business contractors to complete construction work. 2. Flying Dutchman to hire minority and disadvantaged businesses to complete at least 25%of the tenant improvements. 3. Flying Dutchman to complete tenant improvements including: sewer access charges, installing new floor drains; increasing the air handling; relocating and build out of two restrooms; building a storage area, kitchen and bar; installing boiler equipment to power the still and mash tun; and removing the false ceiling and creating an open deck. 4. Flying Dutchman to establish partnerships with local food truck and restaurant vendors to provide services on site. Deliverables 1. Summary of Work Completed: Flying Dutchman shall provide: a written summary of all tenant improvements completed, including proof of disbursement of funds related to each Tenant Improvement; and a sworn construction statement identifying each tenant improvement funded by the Moving the Market Funding to document the funding was used for tenant improvements in accordance with this Scope of Work. 2. Project Status Photos. Flying Dutchman will document the progress of the Project with City pre- construction and post-construction photos of the Tenant Improvements to be provided to the City. 3. Job Creation Documentation. Flying Dutchman shall provide the City a summary of workforce impacts, including: o Construction contract amounts with minority or disadvantaged businesses, demonstrating at least 25%of the work was completed by minority and/or disadvantaged businesses. o Number of permanent,full-time jobs created on-site. o List of vendors supplying materials for construction of the Tenant Improvements. 1 o Number of workforce training opportunities created, if applicable. 4. Minority and/or Disadvantaged Business Certification: Flying Dutchman shall collect and provide the City copies of contractor's minority-owned or disadvantaged business certification. Eligible certifications include those accredited by the State of Minnesota, Hennepin County, Minnesota Unified Certification Program, or other public agency. 5. Advertisements: Flying Dutchman shall provide the City copies of advertisements, publications, and/or other announcements that Flying Dutchman will use to promote the use of nearby pedestrian and bike trails for visiting the Development Property. Schedule and Budget The Flying Dutchman Distillery improvements will be completed by December 31, 2017 for a not-to- exceed amount of$50,000. 2 LOAN AGREEMENT MOVING THE MARKET FUND THIS LOAN AGREEMENT (the "Agreement") is made and entered into as the 6th day of September, 2016 by and between the City of Eden Prairie, a Minnesota municipal corporation(the "City") and Flying Dutchman Spirits,LLC, a Minnesota limited liability company(the "Borrower"); WITNESSETH: WHEREAS,the City has applied to the County of Hennepin, State of Minnesota for a Moving the Market Grant pursuant to a proposal and received approval for said Grant; WHEREAS, contemporaneous with the execution of this Agreement, Hennepin County and the City have executed Hennepin County Contract Number A165990, entitled Cost Participation Agreement For Eden Prairie Moving the Market Flying Dutchman Distillery Proposal and attached hereto as Exhibit A; WHEREAS, the parties hereto agree to incorporate into this Agreement by reference said Proposal, attached hereto as Exhibit B 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 complete Tenant Improvements to the Development Property NOW THEREFORE, it is agreed by and between the parties hereto as follows: 1 ARTICLE 1 Definitions Section 1.1. Definitions. In this Agreement,unless a different meaning clearly appears from the context: "City"means the City of Eden Prairie. "County"means Hennepin County. "Development Property" means the real property located at 6801 Flying Cloud Dr., Eden Prairie, MN 55344. "Loan"means the funds loaned to the Borrower by the City. "Grant" means the award of funds by Hennepin County pursuant to the Grant Contract. "Borrower"means Flying Dutchman Spirits, LLC a Minnesota Limited Liability Company. "Grant Contract" means Hennepin County Contract Number A165990, entitled Cost Participation Agreement For Eden Prairie Moving the Market Flying Dutchman Distillery Proposal and attached hereto as Exhibit A. "Project" means the Tenant Improvements to the Development Property. "Proposal" means the application submitted to the County for consideration in the Moving the Market Grant Program. "Tenant Improvements"means the tenant improvements identified on Exhibit C hereto. ARTICLE 2 Loan Terms Section 2.1. Grant Funds. The Grant funds will be used by the City to make the Loan in an amount of Fifty Thousand and no/100 dollars ($50,000). The amount of the Loan distributed to Borrower shall be no more than the amount expended by Borrower for Tenant Improvements as documented by Borrower to City in accordance with Section 4.2. The Loan shall be a forgivable loan to the Borrower for the Tenant Improvements to the Development Property. The City's obligations under this Agreement are expressly contingent on the City's receipt of funds from the County in an amount adequate to make the Loan. Section 2.2. Use of Loan Proceeds. The Loan proceeds shall be used solely to perform the Tenant Improvement work(the"Work") on the Development Property. Section 2.3. Forgivable Loan Terms. Fifty Thousand dollars and No/100 ($50,000) of the Loan actually disbursed to the Borrower shall be forgiven by the City to the Borrower upon disbursement, subject to the terms contained herein. ARTICLE 3 2 Disbursement Provisions Section 3.1. Payment Requisition Documentation. The City will disburse the loan funds within thirty(30) days following receipt of the funds from the County and approval by the City of the following documentation: a) This Agreement, fully executed; b) Borrower has fulfilled the obligations identified in Section 4.2 ARTICLE 4 Information Related To Project Progress Section 4.1. Progress Information. The Borrower shall provide the City information for incorporation into the Moving the Market fund progress reports, as required by the County and as needed by the City. This information must be provided before or at Project completion. At the discretion of the County or City additional reporting may be required. Section 4.2 Documentation to be provided to the City: a) The Borrower shall provide to the City (i) an application for payment; (ii) summary of Tenant Improvements completed, including proof of disbursement of funds related to each Tenant Improvement; (iii) a sworn construction statement identifying each Tenant Improvement funded by the Loan Proceeds to document that the Loan was used for Tenant Improvements as required by the City and County; (iv) lien waivers from all material suppliers for the Work and all contractors, subcontractors performing the Work. b) Project status photos. The Borrower will document the progress of the Project with City pre- construction and post-construction photos of the Tenant Improvements to be provided to the City. c) Job Creation Documentation. The Borrower shall provide the City a summary of workforce impacts,including: a. Construction contract amounts with minority or disadvantaged businesses, demonstrating at least 25%of the work was completed by minority and/or disadvantaged businesses. b. Number of permanent, full-time jobs created on-site. c. List of vendors supplying materials for construction of the Tenant Improvements. d. Number of workforce training opportunities created, if applicable. d) Minority and/or Disadvantaged Business Certification: The Borrower shall collect and provide the City copies of contractor's minority-owned or disadvantaged business certification. Eligible certifications include those accredited by the State of Minnesota, Hennepin County, Minnesota Unified Certification Program, or other public agency. e) Advertisements: The Borrower shall provide the City copies of advertisements, publications, and/or other announcements that the Borrower will use to promote the use of nearby pedestrian and bike trails for visiting the Development Property. ARTICLE 5 Non-discrimination Section 5.1. 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 part of this Agreement as though wholly set forth herein and the Borrower shall comply with 3 each such provision throughout the term of this Agreement. ARTICLE 6 Borrower's Acknowledgments Section 6.1. Acknowledgments. a) The Borrower acknowledges that the City, in order to obtain funds for part of the Borrower's activities in connection with the Project, has applied for the Moving the Market Grant to the County, and that the City has entered into the Grant Contract with the County, setting forth the terms, conditions, and requirements of the Moving the Market Grant attached Exhibit A hereto. The Borrower further acknowledges that it has made certain representations and statements in the Proposal concerning its activities relating to the Project, and that the Borrower is designated and identified under the Grant Contract. The City shall not modify the terms of the Grant Contract without notification to the Borrower. b) The Borrower acknowledges that nothing contained in the Grant Contract or this Agreement, nor any act of the County or the City, shall be deemed or construed to create between the County and the Borrower (or, except as Borrower and City between the City 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 6.2. Representations and Warranties. The Borrower warrants and represents, in connection with the Loan and for the benefit of the County and the City,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 Proposal, were true and complete in all material respects as of the date of submission to the City 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) Borrower acknowledges that the County, in selecting the City as recipient of the Moving the Market 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. 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. ARTICLE 7 Other Conditions Section 7.1. 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, 4 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 7.2. Publicity and Endorsement a) Publicity. Any publicity regarding the subject matter of this Loan Agreement must identify the County 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 Borrower 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 City and the Borrower must not claim that the County endorses its products or services. Section 7.3. Effect on Other Agreements. Nothing in this Agreement shall be construed to modify any term of any other agreement to which the City and the Borrower are parties. Section 7.4. Release and Indemnification Covenants. The Borrower agrees to protect and defend the City and the governing body members, officers, agents, servants, and employees thereof, now and forever, and further agrees to hold the aforesaid harmless from any breach of the representations and warranties contained herein and 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 7.5. Modifications. This Agreement may be modified solely through written amendments hereto executed by the Borrower and the City. Section 7.6. 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: a) as to the City: City of Eden Prairie ATTN: David Lindahl Economic Development Director 8080 Mitchell Road, Eden Prairie,MN 55344 b) as to the Borrower: Flying Dutchman Spirits,LLC ATTN: Scott Kaldenberg 8867 Flesher Circle Eden Prairie,MN 55347 or at such other address with respect to any party as that party may, from time to time, designate in writing 5 and forward to the others as provided in this Section 7.6. Section 7.7. Conflict of Interests; Representatives Not Individually Liable. a) No employee,officer or agent of the City 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 City may obtain a financial interest in any agreement with respect to the Loan.No employee, officer, or agent of the City shall be personally liable to the Borrower or any successor in interest in the event of any default or breach by the City 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 City, or its officers, employees, designees, or agents, no consultant, member of the governing body of the City, and no other public official of the City, 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 7.8. 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 7.9. 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 7.10. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 7.11. 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. Section 7.12. 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 7.13. 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 7.14. 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. 6 Section 7.15. Immunity. Nothing in this Agreement shall be construed as a waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Chapter 466. Section 7.16 Audit Disclosure and Data Practices. The books, records, documents and accounting procedures and practices of the Borrower 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 Borrower 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 Borrower shall comply with those requirements as if it were a government entity. All subcontracts entered into by Borrower in relation to this Agreement shall contain similar Data Practices Act compliance language. [Remainder of page intentionally blank] 7 IN WITNESS WHEREOF,the City 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 Flying Dutchman Spirits,LLC By Its By Its 8 EXHIBIT A Cost Participation Agreement For Eden Prairie Moving the Market Flying Dutchman Distillery Proposal 9 EXHIBIT B Flying Dutchman Proposal 10 EXHIBIT C Scope of Work Payment of Sewer Access Charges of approximately$23,000 (-50%of grant); • Met council—$8,000 • City of Eden Prairie—$15,000 Installing new floor drains; Increasing the air handling; Relocating and build out of two restrooms; Building a storage area,kitchen and bar; Installing boiler equipment to power the still and mash tun; and Removing the false ceiling and creating an open deck. 11 Hennepin County Grant Proposal Flying Dutchman Distillery - Eden Prairie, MN April 2016 General Overview Flying Dutchman Spirits (FDS) is a new craft distillery start-up company owned and operated by Eden Prairie residents and entrepreneurs Scott Kaldenberg and Brandon Thornton. The distillery is one of the first to be formed outside of Minneapolis's current hot bed of craft distilleries and breweries. FDS will initially produce a handful of spirits influenced from around the world. Patrons will be exposed directly to the manufacturing environment while enjoying cocktails that highlight the spirits. FDS' goal is to provide an immersion into the history, methods and cultural heritage of the spirits it produces. Location The Flying Dutchman Distillery will be located at 6801 Flying Cloud Drive and within a short walking distance of the future Golden Triangle light rail station. Creating more food and entertainment options to workers in the Golden Triangle - especially near the proposed Golden Triangle Station, is a priority for the City of Eden Prairie. More of these types of services are desired to insure the area continues to be attractive for business and remains competitive with urban markets in attracting talented workers. Other locational factors considered include: • Southwest Light Rail - Introduction of Light Rail to the area and a station located in an easy walking distance from the distillery, urban customers will be able to easily travel outside of their normal range in a cost effective manner and experience the suburbs. • Connected local bike/Pedestrian Trails -Within a block of the distillery, another eco alternative for gaining access for commerce and entertainment both for local Eden Prairie residents as well as other communities who utilize the bike path system. • Offering a destination - most producers are located in Minneapolis proper,this unique choice of location encourages systemic homogenization of urban and suburban lifestyles. • Diversity of use - Current regulations require distilleries to be located in industrial zoned area. The nature of a craft distillery's business is part manufacturing and part entertainment/retail when a cocktail room is included. This changes an 8 to 5 usage to all day and evening usage serving to help revitalize the area. • Draws on other local businesses - FDS is committed to cross promote other businesses in the area. The cocktail will highlight food establishments willing to deliver, provide a location for the growing food truck industry, and promote product purchases at the city owned liquor stores. Additional, FDS plans to engage local artists to exhibit or entertain at its location. Business Resource Plan • Employment opportunities -the distillery and cocktail room will create roughly 6 to 8 new position in the first 5 years based on current sales / production projections. This represents opportunities (staff positions and internships) for those interested in engineering, manufacturing and culinary arts drawing from the local higher education community. • Minority resources - Flying Dutchman is an organization built on the heritage and culture behind the spirits it produces. As such,they will encourage a culture of diversity within their employment team. In order to achieve having at least 25% of work done by minority and disadvantaged workers, bidding for construction will be performed with contractors on the Metropolitan Economic Development Association (MEDA) and Minneapolis Community Development Association (MCDA) lists. • In order to achieve successful systemic organizational change, thoughtfulness and incentives must occur and be in place. The introduction of the Flying Dutchman Distillery, located in an industrial zone, with bike paths, light rail, and outside of the major downtown area represents such change. Economic impact • Flying Dutchman is a startup company created by Eden Prairie residents and entrepreneurs Scott Kaldenberg and Brandon Thornton. • Tax impact- opening the distillery represents roughly a $2 million infusion of wages and $1.6 million generation of sales, state, and federal taxes over a 5 year period. • Capital required -the initial investment is roughly$3/4 million which is driven by real estate/build out costs to meet a multitude of building and health code regulations, as well as unique production equipment. Capital is predominately personally funded by the founders. • Unplanned budget variance - given the site selected in Eden Prairie, unique health department requirements and repurposing the building usage, a budget short fall of roughly $220,000 has materialized. This needs to be resolved in order to move forward. The Hennepin County grant will help address this shortfall and will be applied toward tenant improvement costs. • Minority hiring-to find a DBE businesses and/workers the owners will work with the MEDA, MCDA, and other related agencies. • Pilot for training brewers. The owners will work with Ron White from Hennepin County Workforce Training division to explore the possibility of using the site to train brewers. Timeline 4/5/2016 Lease Signed 10/1/2016 9/11/2015 10/20/2015-4/5/2016 4/19/2016-9/6/2016 Opening Goal First Meeting with Eden Prairie Location Search Federal,State,County,City Permits, NN Licenses an9 nspections Sep 15 ct 16 9/9/2016-10/1/2016 9/12/2015-11/17/2015 6/2/2016-8/7/2016 Start-up Ordinance Modification Construction Golden Triangle Area Business Park(background) The Flying Dutchman Distillery will be headquartered in the Eden Prairie Golden Triangle Area (GTA) and within walking distance to proposed Golden Triangle LRT Station. Widely recognized as one of Minnesota's largest and most diverse business parks, the GTA has over 20,000 jobs, 600 businesses, and 10 million square feet of office, industrial, and commercial uses. Some of Minnesota's largest and most recognized companies are also located in the GTA including United Health Group-Optum, Minnesota Vikings, Starkey Hearing, Dell, Lifetouch, CIGNA, and Bluestem. With its strategic location within the I-494 ring and good proximity to the international airport demand for business expansion, investment, and redevelopment in the area remains high. Southwest Light Rail Transit- Transit Oriented Development(TOD) Ordinance One of four Light Rail Transit (LRT) stations planned in Eden Prairie will be located in the heart of Golden Triangle and is expected to be built by 2020. Included with the project are plans for Transit Oriented Development (TOD) around the GTA station which will be located adjacent to the 350,000 square foot Bluestem Brand's corporate headquarters within the Liberty Property Trust campus, a project expected to lead to further economic expansion and job growth in the area. To help stimulate job growth and catalyze higher density mixed-use redevelopment near all four future transit stations in Eden Prairie, a Transit Oriented Development (TOD) ordinance was recently adopted by the City. Encouraging high density development and a wide mix of land uses in a walkable environment, the ordinance will provide standards for new development and redevelopment that help create attractive, compact,walkable, mixed-use areas which are supportive of LRT use and maximize economic development opportunity. The Flying Dutchman Distillery is consistent with the types of uses envisioned around the GTA station and will provide an important entertainment amenity to benefit area workers and help attract tenants to the area. It will also help diversify the mix of businesses in the GTA and provide a wider mix of uses to an area currently dominated by office and industrial properties. Area Infrastructure Investments The extension of the Metro Transit Green Line from MPLS to Eden Prairie will be one of the largest infrastructure projects ever constructed in Minnesota.With its completion, it's expected to stimulate redevelopment around stations throughout the corridor, provide better overall mobility, and will add development capacity- especially in areas like the GTA- that have been challenged with limited vehicle access and transit services. The City of Eden Prairie continues to be a strong supporter and advocate for the SWLRT project and provided municipal consent for the overall project in 2014. It is also committed to spending nearly$10 million in Locally Request Capital Improvements to provide aesthetic enhancements, landscaping, public plazas and other related improvements. In order to support the growth of businesses such as the Flying Dutchman Distillery, expanding infrastructure capacity in the Golden Triangle Area continues to be a high priority for the City of Eden Prairie. Through collaboration with Hennepin County and numerous other partners - several significant transportation improvements have recently been completed in the area including: • W70th extension (City- $1,275,000 contribution/Hennepin County- $470,000). This project was completed in early 2016 and provides access to the future GTA LRT station as well as to area businesses - including Liberty Property's 80 acre business campus. • Shady Oak Road/Bridge Reconstruction (City$12m/HC $5m). This project was also completed in early 2016 and significantly improves access and mobility to the Golden Triangle and City West areas. The project also qualified for a $7 million grant through MnDOT's Transportation for Economic Development (TED) program. CITY COUNCIL AGENDA DATE: SECTION: Consent September 6, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.O. Community Development: Supervalu—Third Lease Amendment Janet Jeremiah/David Lindahl City Center Space Requested Council Action: Move to: Approve the third amendment to the lease agreement between the City of Eden Prairie and Supervalu Inc. for space at the Eden Prairie City Center property located at 8100 Mitchell Road. Synopsis: The third lease amendment is for an additional 8,872 square feet of space for a total of 66,693 square feet now leased by Supervalu. The same rental rates and terms for the second lease amendment approved in January 2016 will apply to the third amendment. That leaves 7,213 square feet of leasable space in the City Center that John McCarthy from Cushman and Wakefield will continue to market. Background: To accommodate its continued growth Supervalu will lease another 8,872 sf in the City Center contiguous to the 57,821 sf it currently leases. Exhibit B in the enclosed lease shows the location of the latest expansion area as well as the remaining 7,213 sf of remaining leasable space. Beginning October 1, 2016, they will be leasing a total of 66,693 sf in the City Center. As with the original lease, for the first five-months Supervalu will pay operating expenses only and begin paying full rent March 1, 2017. They will also have a one-time first right of refusal to lease any of the remaining 7,213 square feet of leasable space. Summary of all lease amendments: First Lease Oct. '14 40,513 sf First Amendment Nov. `14 3,483 sf Second Amendment Mar. '15 13,825 sf Third Amendment Sept. `16 8,872 sf Total Space Leased 66,693 sf Attachment: Third Amendment to Lease w/Supervalu THIRD AMENDMENT TO LEASE AGREEMENT This Third Amendment to Lease Agreement (`'Third Amendment") is made and entered into this 661 day of September, 2016, by and between the City of Eden Prairie, a Minnesota municipal corporation (hereinafter called "Landlord"), having an office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344 and SUPERVALU INC., a Delaware corporation (hereinafter called "Tenant"),having an office at 11840 Valley View Road, Eden Prairie, MN 55344. RECITALS WHEREAS, Landlord and Tenant entered into a Lease Agreement ("Lease Agreement") executed October 7, 2014, whereby Tenant leased from Landlord the Premises (as defined in paragraph 3 of the Basic Definitions of Lease Agreement) located at 8080 Mitchell Road, Eden Prairie, Minnesota 55344,commonly known as "Eden Prairie City Center"; and WHEREAS, Landlord and Tenant entered into that certain First Amendment to Lease Agreement on the 18`h day of November, 2014 by which certain changes to the Lease Agreement were made as part of Tenant agreeing to lease an additional 3,483 square feet of space WHEREAS, Landlord and Tenant entered into that certain Second Amendment to Lease Agreement on the 5'h day of January, 2016 by which certain changes to the Lease Agreement were made as part of the Tenant agreeing to lease an additional 13,825 square feet of space in the Eden Prairie City Center. WHEREAS. Tenant to desires expand the Premises to include among other matters an area of expansion depicted on Exhibit B hereto, which area is 8,872 square feet starting on October 1, 2016, and provide for additional parking spaces based on 4.0 stalls per 1,000 square feet; and WHEREAS, the parties to the Lease Agreement agree that the lease may be modified and amended in writing executed by each party pursuant to Article 37 of the Lease Agreement: and WHEREAS, the parties wish to amend the Lease Agreement for their mutual benefit and interest;and WHEREAS, unless otherwise provided herein, all capitalized words and terms used in this Second Amendment shall have the same meanings ascribed to such words and terms as in the Lease Agreement. All references to the Lease Agreement, unless specified otherwise, shall mean the Lease Agreement, as amended the First Amendment to Lease Agreement and the Second Amendment to Lease Agreement, whether or not such reference shall expressly refer to this Second Amendment NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and other good and valuable consideration the receipt of which is hereby acknowledged,the parties agree to amend the Lease Agreement as follows: • BASIC DEFINITIONS 1. Paragraph 3.a of the Basic Definitions is deleted in its entirety and replaced by the following Paragraph 3.a: Approximately 40,513 square feet of Rentable Area in the Building as identified in green on attached Exhibit B, approximately 3,483 square feet of Rentable Area in the Building as identified in tan on the attached Exhibit B, approximately 13,825 square feet identified in blue on attached Exhibit B ("Leased Premises"), and approximately 8,872 square feet of Rentable Area in the Building as identified in Orange on the attached Exhibit B. The 8,872 square feet is referred to in this Third Amendment as the "Expansion Area." 2. Paragraph 3.c of the Basic Definitions is deleted in its entirety and replaced by the following Paragraph 3.c: Parking Rights ("Parking Rights") as follows: The right, for the benefit of the Benefited Parties,to park automobiles, light trucks, vans, motorcycles,bicycles and similar vehicles ("General Vehicles") in 265 parking stalls based on 6 spaces per 1,000 square feet and 56 parking stalls based on 4.0 stall per 1,000 square feet, and 36 parking stalls based 4.0 stalls per 1000 square feet for a total of 357 parking stalls identified in green, yellow, and brown on the attached Exhibit D. The locations identified as Ambulance Parking Only in yellow are not part of the 357 parking stalls and are reserved for other purposes allowed by Landlord, currently the Hennepin County Ambulance service. The 357 Tenant parking stalls include handicapped and visitor parking stalls. The Benefited Parties shall have no right to park in any other area on the Land, including but not limited to areas for City parking identified in part in red and parking spaces identified in blue for City and future tenants leasing space within the Building. All Tenants will be informed that their employees, guests and invitees should not park in the Designated Parking Area. 3. Paragraph 4 of the Basic Definitions entitled Rentable Area is amended by deleting the first sentence of paragraph 4 of the Basic Definitions and replacing it with the following first sentence: The Rentable Area of the Premises is 66,693 square feet. 4. Paragraph 8 as amended by the Second Amendment to the Lease Agreement in the Basic Definitions entitled Annual Gross Rent, set forth below,remains in effect through September 30, 2016. AS OF October 1,2016 THE ANNUAL GROSS RENT SHALL BE AS FOLLOWS: TERM RENTAL SQUARE MONTHLY TOTAL RENT FOR TIME PERIOD (in Note months) RATE PSF FEET RENT TIME PERIOD Expansion 10/1/16 ,_ - Space 5 $9.74 8,872 $7,201.11 $36,005 53 /28/17: amendment Existing 10J1J16_ „ space e 2J28J17 5 $19.50 57,821 $93,959.13 $469,795.63 amendment 1&2and original:lease: 3/1/17- 1 $19.50 66,693 $108,376.13 $108,376.13 3J31/17 4J1J17- 12 $20.00 66,693 $111,155.00 $1,333,860 00 3/31/18 3/31/19 12 $20.50 66,693 $113,933.88 $1,367,206 50 4J1J19- 12 $21.00 66,693 $116,712.75 - $1,400,553.00 - 3/31/20 4/1J19- 15 $21.50 66,693 $119,491.63 $1,792,374.38 6/30/21 Total Term 57 $6,508,171.17 5. Paragraph 11 of the Basic Definitions entitled Tenant Improvement Allowance is amended to add a Tenant Allowance in the amount of $177,440 applicable only to the 8,872 square foot Expansion Area, which amount is calculated at $20 per square foot of Rentable Space. No reimbursement for Space Plan Allowance shall be provided with respect to the 8,872 square foot Expansion Area. 6. Tenant may take possession of the 8,872 square foot Expansion Area for the sole purpose of constructing Tenant's Improvements only after execution of this Third Amendment and submission to Landlord of Tenant's Certificate of Insurance which evidences that the insurance required by Article 15 of the Lease Agreement is in force and effect for the 8,872 square foot Expansion Area. 7. Article 44 as amended by the Second Amendment is further amended by replacing"4.5" in the 6th line with"4.0." 8. Article 8, paragraphs 8.2 and 8.3 are amended by replacing "243 parking stalls" with "357 parking stalls." 9. Except as hereby amended above, Landlord and Tenant reaffirm all terms, provisions and covenants set forth in the Lease Agreement executed October 7, 2014 as amended by the First and Second Amendments. IN WITNESS WHEREOF, Landlord and Tenant have caused this Third Amendment to be signed, sealed and delivered this 6th day of September, 2016. LANDLORD: City of Eden Prairie By: Nancy Tyra-Lukens Its: Mayor By: Rick Getschow Its: City Manager • TENANT: SUPERV C4,0 By: Its: ice flieVeeti- EXHIBIT B [NEXT PAGE] — Total Premises; 66,693 RS I Amendment 02 — i • Atnendsr+ent M3 Expansion • • • •• 13 825 RSf Expansion 8 872145E • • Amendment tl ExgaEliif)R . %. . --. 3 483 RSf .,,.,,.. .1 L'n't `� �J_ rI _ �`. . .. L.� ., , ..__ . l• r, • L i: , ... .. • • . . f o .2 • 1 . J. 7 ti 4- - • ..i.-------,r., •4 • • (> • i—.—... ...-1- •-• I: Til-ri _. , _____. . 3nttW Premises d0313R51 • .._.. . . • ..\\ . , .. .., • ,..... . . .\ 1 . . I i i . . ri � r it.. ._ � ~ THglqr;i WAEF ELD L -- ge itointai ��[ �r H [DEN ��� l C`::.",,. TEE P tTSES P;64 SC E ••r•-e' DR.a.N=• T`al! A E U xn..w. .a .Cht.a.rt4/4.a .ce :®3s2t D.i'E n GE_'s ,�. oaerar..•c St19PERlY,1I .ire rwc s.ei.s'.r / ottr-.74. DA'E ]j ■.cxo,rcrv+.e .w.w^acwc�. �/ ESE.: R'E'•". EN Crhr .mr wtrc'.✓...e 'P 1IRIf ham"K an ern:,• e a TYtIF rt 7• .ErEL .; .,yr�VnC41..wa ECE`1 T'RE "ti•j7ial .u. 1.M-nw 4''7.'WA'," EXHIBIT D ,, g r 4'7'''''''' ..-„ „., tee, �w ,,t, 4 , , , ,, ,.4 4 , ,„, „ , ,,„,.. ,. . , m , ,19 e„ `. —a ,< ,. ?,� .v,'•��,,y es",, ;^' •, a s��3� 44„�'r r�.ugm'.�v ✓�y, 7'v.. at g8 ,. 5v Sg � ���, "�:,pss� ...,,%}� z.�,. `";z��'-'"':� Xv% D:i t' r ,-;,,,.�%:ir. p, ¢d3T3f E: < r... '4'' a, .sz 5,155, yp', '1{ w ., •:5.7.55,55.N.$5••..;-- vt-54$5.,„5,5„.,5 • 5,5',0:„.55;5.5-,--0-,-=5::5045,5:5 -4. 4.0,:wift, ,$.555,:'1'•-'I1k'; '� % ,n t.;: ^"'F i `w„• M .,.1y, .' Sw/� zap, i�YylyE .z, £;', nw< :zd' 1`e wr$..Fi�''/ 7d►''by.ui,,>. !i , 1 ,. 'Yw„',. ifl l ..„ice. 7N' . •, ir,Yvz'z:y,. �:�'* ,„„ .k., , „„ ,,,, ,-,. — '�.., Sryn�3'y{y�, '' t , ,.., .,„ ,. ''''1%, "4","q:V.; ,;:k.i.k, glgt?:-',a4,--7=-0.4. ow*:„......,,,. ' • i /.z 1 :Mp „35'RN'u.,,,+, N.; rs , . •"., s� '*��%� CA:' �t 9�P' %I�IP'.i Rx= ,mt:1:1,e,,,,z,,;(j!*45/4, ::',i'-,,,„,.,,,,,•::'.',1/47144 „,f, 414‘-1;0 .4.'":Nm.....„*"•.,.;'","'140,44,Itglitrelkila;'!,,•f4',, "?•!•;i„ ''''t' • ' 1r# a tea ' .%.;; 4,,5<,• ..:<$rortgam'* CITY COUNCIL AGENDA DATE: SECTION: Public Hearings September 6, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Rezoning of Cedar Ridge Elementary Development/Planning School—8905 Braxton Drive Janet Jeremiah/Angie Perera Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural District (R) to Public District(PUB) on 23.19 acres. Background The rezoning request will address a housekeeping matter regarding the City Code and prior approvals by the City of Eden Prairie. In summary, the proposed rezoning, if approved, will bring the existing school into compliance with the City Code and with the Comprehensive Plan. No new development or expansions are being proposed with this request. 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 definition of"public infrastructure" did not include schools. The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Now that city staff is aware of this issue, we are working to remedy the situation by proposing that schools be added as a permitted use in the Public district and rezoning of school properties to the Public district. ISD 272 owns multiple properties within the City. Of those properties, 3 are currently zoned Public and the remaining 4 sites are proposed for rezoning from Rural to Public. The adopted Comprehensive Plan guides this property for Public use; therefore, the rezoning request is in compliance with the Comprehensive Plan. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the Aug. 8, 2016, meeting. Attachments 1. Ordinance 2. Staff Report 3. Location Map 4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Planning Commission Minutes dated Aug. 8, 2016 CEDAR RIDGE ELEMENTARY SCHOOL REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Public District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Public District. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2016, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of , 2016. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2016. Exhibit A Legal Description Cedar Ridge Elementary School Rezoning North 115.27 feet of West 1/2 of southwest 1/4 of northeast 1/4 and North 1152.49 feet of East 403.4 feet of southeast 1/4 of northwest 1/4 and that part of West 40 feet of East 403.4 feet of southeast 1/4 of northwest 1/4 lying South of North 1152.49 feet thereof of also that part of west 40 feet of East 403.4 feet of North 1/4 of southwest 1/4 lying northerly of County Road No. 1 except that part lying northwesterly of following described line beginning at a point on West line of East 403.4 feet of southeast 1/4 of northwest 1/4 distant 817.53 feet South of northwest corner of said East 403.4 feet thence northeasterly 339.29 feet along a curve tangent to the said West line concave to the southeast having a radius of 540 feet and central angle of 36 degrees thence northerly tangent to the last described curve a distant of 240 feet thence northeasterly 103.22 feet along a tangential curve concave to the southeast having a radius of 845 feet and a central angle of 6 degrees 59 minutes 56 sec thence northeasterly tangent to last described curve a distance of 50.04 feet the northerly along a tangential curve concave to the northwest and having a radius of 550.54 feet to the North line of 1/2 of southwest 1/4 of the northeast 1/4 and said line there terminating PID #20-116-22-13-0049 STAFF REPORT TO: Planning Commission FROM: Angie Perera, Planner 1 DATE: August 3, 2016 PROJECT: Eden Prairie Schools—Rezoning&Variance LOCATION: Cedar Ridge Elementary School —8905 Braxton Drive APPLICANT: City of Eden Prairie OWNERS: Independent School District 272 120 DAY REVIEW: Not Applicable REQUEST: 1. Rezoning from Rural District to Public District 2. Variance to exceed the 30 ft. maximum building height requirement for the existing structure BACKGROUND The rezoning and variance requests are proposed to address a housekeeping matter regarding the City Code and prior approvals by the City of Eden Prairie. In summary, the proposed rezoning and variance, if approved, will bring the existing school into compliance with the City Code and with the Comprehensive Plan. 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 definition of "public infrastructure" was limited to infrastructure and did not include schools. The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Rezoning: Now that city staff is aware of this issue, staff is proposing to remedy the situation by adding schools as a permitted use in the Public district and rezoning of certain school properties from the Rural District to the Public District. The Planning Commission previously recommended approval of a text amendment to add schools as a permitted use in the Public zoning district. The City Council is scheduled to review that amendment at its August 16 City Council meeting. Staff Report—Rezoning & Variance# 2016-06—Cedar Ridge Elementary School August 3, 2016 Page 2 of 3 ISD 272 owns multiple properties within the City. Of those properties, 3 are currently zoned Public and the remaining 4 sites are proposed for rezoning from Rural to Public. The adopted Comprehensive Plan guides this property for Public use; therefore, the rezoning request is in compliance with the Comprehensive Plan. Variance(s): Subsequently staff is recommending the Planning Commission approve a variance for the existing conditions of the site. No new development or expansions are being proposed with these requests therefore there are no site plans to review. Existing conditions that require attention due to the proposed zoning change include the existing height of the building. The recommended variance would apply only to the existing conditions. Cedar Ridge Elementary School—Existing Building Height(NW corner) . \_._-- ____- -4w--- iiN ---Ati ue-,4ii - . \\ . ,. 4,- , \402...__.__ `- ! _ -_---- -_ Height:4.4 Feet , _ Height.32.3 s. r Feet i 1 The Rural district allows a building height of 40 feet, so at the time of construction, the height of the building was compliant with City Code. The Public district has a maximum building height of 30 feet, so staff is recommending approval of a variance to allow the existing condition in order for the site to maintain its conforming status. Staff has used Hennepin County Oblique Pictometry (aerial imagery) to obtain approximate measurements of existing conditions. It appears that the tallest portion of the building (at the northwest corner) is approximately 37 ft. tall or greater. City Code currently allows a maximum height of 30 ft. for the main structures in the Public District. No setback variances are necessary for this site. VARIANCE REQUEST Variances may be granted when they are "in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan." Furthermore Staff Report—Rezoning & Variance# 2016-06—Cedar Ridge Elementary School August 3, 2016 Page 3 of 3 variances may "be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality." Harmony with Purpose and Intent of Ordinance The requested variance is in harmony with the purpose and intent of the ordinance. The requested variance will not alter the existing use of the property as a school. Consistent with Comprehensive Plan The State law requires that variances be consistent with the comprehensive plan. The existing use of the property is Public/Quasi-Public. No land use change is proposed. The variance would be consistent with the comprehensive guide plan. Reasonable Use of the Property The requested variance is a reasonable use of the property. The building height is an existing condition. No changes are being proposed to the site. Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reasons: The existing school was built approximately in 1991 and is currently located in the Rural zoning district. The Rural district allows a building height of 40 feet, so at the time of construction, the height of the building was compliant with City Code. The Public zoning district has a maximum building height of 30 feet. The existing building is in conformance with the maximum building height requirements of the existing, Rural zoning district in which the property is currently located. To bring the property into compliance with the existing comprehensive plan and with the existing use of the property, the property is being re-zoned to the Public zoning district. Rezoning the property to the Public district would create a non-conforming building height for the existing building without approval of the variance. Will not alter Character of Locality The requested variance will not change the character of the locality. The building height is an existing condition. No changes are being proposed to the site. STAFF RECOMMENDATIONS 1. Recommend approval of the rezoning the property from Rural District to Public District. 2. Approve Final Order No. 2016-06 approving a Variance to exceed the building height requirement for the existing portion(s) of the building that currently exceed the 30 ft. maximum building height of the Public District, contingent upon approval of the rezoning to the Public District. Area Location Map - Cedar Ridge Elementary School Site Address: 8905 Braxton Drive, Eden Prairie, MN Mayfieldt ittE0 4,11,... ptiig , MP *0 WIIP iso• •- i SSW L_J II i is ii Trenton Lane \ ON [-7 1 ./*-- 1 Sylvan Ridge ' ff I� Road Guide Plan Map - Cedar Ridge Elementary School 8905 Braxton Drive, Eden Prairie, MN 55347 •.....-----• •• -- -- -- -11 ill rip IF . pow VA" 4.111 - ,411100 , ,,,),,,,__,Mayfield Drive • III y �� I Trenton Lane aliffial II- ________ -- *Braxton Drive ' • Sylan Ridge *S. VsollI ----------L 1 ] d - ' rairie Lan s wide Rogers Road 4,r► - / . p � 0 � 2030 I��� Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre nip Community Commercial Streams 17.7 Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i -B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 I-I Medium Density Residential/Office - Park/Open Space DATE Revised 01-07-05 DATE Revised 03-01-07 Major Collector DATE Revised 11-07-05 DATE Revised 06-01-07 EDEN IHigh Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 1-1 Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08 I ■Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE ig Y// Office/Industrial Open WaterFII EIVE•WORK•DREAM 2 Office/Public/Open Space Right-Of-Way 370 185 M•O ogamm�Me moe„mmew„®e�Onneae e Mfoµi 370 Feet - Industrial CICityLimits Zoning Map - Cedar Ridge Elementary School 8905 Braxton Drive Eden Prairie, MN 55347 mi,......" - —fwitiosikvir-____3 mommi WWI ,y••. .•„.A__ if------ii: 1---- - Ilk 11111 p __:::______._ ,iii 111 1111111011011: . � Mayfield' Drive . BAINBRIDGE—DR Trenton Lane , ., I • #*1 ' Sylvan Ridge 11 . s� SITEit `�9ti�a \ iiiiim illiW 0 r cz Braxton Drive 1 • ROOCRS RD cc Milli. ' o Rogers Road �_ ce Oripii LL r i )J =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) - 1 1 ,f. t R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•WOBIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I Right of Way -Regional Service Commercial 0 0,075 0.15 Milesm°au_...m..=m._..-..g..o.a., ..o...ia..m ,..,,mo, Aerial Map: Cedar Ridge Elementary School Address: 8905 Braxton Drive Eden Prairie, Minnesota 55347 aPriffirl 7/1/15"4111:1 —ill' Wra Viiiiat "or_ Iiiit _„ .. -a-- •i - siki-7, Mayfield Drive ,_,,,(,._viw .,...„1..,4 ili011yftliiviaol , r, ormer:104 4 Irish. N-1 ti- ;- ---. Ns _ _kid mai igic/11111111/ Illiiiiiill 11 WIPRIEEr •; / `fry-1M 44"44,0- 4- - WA# '/. ,.. , , ir ,..)fr 441 Itilk W/ .e .,-- t:\\:\ - v# ,,, ,. A \ ,,,, , 10... di 140, * ,,___ ._ _ . .. ,, : .. .,: A , 7/ 'Pm 4,....., al ' - .:„.. , t . , Sylvan Ridge - , ,, :S.1111 .,! - --. , ill I-t 7 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 8, 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. Pieper and Poul were absent. II. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by Kirk, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON July 11, 2016 MOTION: Farr moved, seconded by Freiberg, to approve the Planning Commission Minutes. Motion carried 7-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. CEDAR RIDGE ELEMENTARY SCHOOL Location: 8905 Braxton Request for: • Zoning District Change from Rural to Public on 23.19 acres • Variance to exceed the 30 foot maximum height requirement for the existing structure. PLANNING COMMISSION MINUTES August 8, 2016 Page 2 Klima said 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 definition of"public infrastructure"was limited to infrastructure and did not include schools. The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. The City Staff is proposing to remedy the situation by adding schools as a permitted use in the Public district and rezoning of certain school properties from the Rural District to the Public District. The Planning Commission previously recommended approval of a text amendment to add schools as a permitted use in the Public zoning district. The City Council is scheduled to review the amendment at its August 16th City Council meeting. Klima also stated ISD 272 owns multiple properties within the City and three of those are zoned public and the remaining 4 sites are proposed for rezoning from Rural to Public. The adopted Comprehensive Plan guides this property for Public use; and therefore, the rezoning request is in compliance with the Comprehensive Plan. Staff is also recommending Commission to approve the variances for the existing conditions of the sites. No new development or expansions are being proposed with these requests so there will be no site plans to review. Existing conditions that require attention due to the proposed zoning change include the existing height of the buildings. The recommended variance would apply only to the existing conditions. In regards to the variance request for Cedar Ridge Elementary School, the Rural district allows a building height of 40 feet, so at the time of construction, the height of the building was compliant with City Code. The Public district has a maximum building height of 30 feet, so staff is recommending approval of the variance to allow the existing condition in order for the site to maintain its conforming use. The tallest portion of the building at this site is 37 feet tall. No setback variances are necessary for this site. Staff recommendation is for approval. Wuttke asked why we are not waiting for the Code change to be approved by the City Council. Klima said the Planning Commission is an advisory commission to the City Council and so are just giving recommendations this evening. Wuttke asked what would happen if the Council does not approve these requests. Klima said there would be follow-up with the school district and different actions would have to take place. Wuttke said he is concerned about approving these variances as the code amendment has not yet been approved by the Council. Klima said the City would like to remedy this as soon as possible so school district properties are conforming. PLANNING COMMISSION MINUTES August 8, 2016 Page 3 Farr asked if schools would expand in the future, how that process would work. Klima said the schools did not discuss expanding, but if they did, they would have to go through public review as required by City Code. Chair Stoltz opened the meeting up for public input. There was no input. MOTION: Kirk moved, seconded by Weber, to close the public hearing. Motion carried 7-0. MOTION: Kirk moved, seconded by Weber, to recommend approval of the Zoning District Change from Rural to Public on 23.19 acres and Final Order 2016- 06 based on the information included in the staff report dated August 3, 2016. Motion carried 7-0. VII. PLANNERS' REPORT Klima said the Spirit of Eden Prairie Award Nomination Forms are on the City Website. VIII. MEMBERS' REPORT Wuttke said he noticed the parks are heavy trafficked now by users of augmented reality video games and would like to encourage users and parents of kids to be safe and also know and be respectful of the public property and private property rights. Higgins commented there is a lot of pedestrian traffic in the Purgatory Creek area that is causing traffic issues. Chair Stoltz asked if anything has been addressed with this issue. Bourne said the City has talked to Pokemon Go about the park rules and stated the situation is being monitored. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION: Weber moved, seconded by Kirk, to adjourn the Planning Commission meeting. Motion carried 7-0. Chair Stoltz adjourned the meeting at 7:30p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings September 6, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Rezoning of Oak Point Elementary Development/Planning School— 13400 Staring Lake Parkway Janet Jeremiah/Angie Perera Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural District(R)to Public District(PUB) on 23.05 acres. Background The rezoning request will address a housekeeping matter regarding the City Code and prior approvals by the City of Eden Prairie. In summary, the proposed rezoning, if approved, will bring the existing school into compliance with the City Code and with the Comprehensive Plan. No new development or expansions are being proposed with this request. 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 definition of "public infrastructure" did not include schools. The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Now that city staff is aware of this issue, we are working to remedy the situation by proposing that schools be added as a permitted use in the Public district and rezoning of school properties to the Public district. ISD 272 owns multiple properties within the City. Of those properties, 3 are currently zoned Public and the remaining 4 sites are proposed for rezoning from Rural to Public. The adopted Comprehensive Plan guides this property for Public use; therefore, the rezoning request is in compliance with the Comprehensive Plan. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the Aug. 8, 2016 meeting. Attachments 1. Ordinance 2. Staff Report 3. Location Map 4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Planning Commission Minutes dated Aug. 8, 2016 OAK POINT ELEMENTARY SCHOOL REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Public District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Public District. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2016, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of , 2016. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2016. Exhibit A Legal Description Oak Point Elementary School Lot 1, Block 1, Research Farm 3rd Addition PID #22-116-22-13-0004 STAFF REPORT TO: Planning Commission FROM: Angie Perera, Planner 1 DATE: August 8, 2016 PROJECT: Eden Prairie Schools—Rezoning&Variance LOCATION: Oak Point Elementary School— 13400 Staring Lake Parkway APPLICANT: City of Eden Prairie OWNERS: Independent School District 272 120 DAY REVIEW: Not Applicable REQUEST: 1. Rezoning from Rural District to Public District 2. Variance to allow reduced setbacks for the existing parking lot BACKGROUND The rezoning and variance requests are proposed to address a housekeeping matter regarding the City Code and prior approvals by the City of Eden Prairie. In summary, the proposed rezoning and variance, if approved, will bring the existing school into compliance with the City Code and with the Comprehensive Plan. 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 definition of "public infrastructure" was limited to infrastructure and did not include schools. The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Rezoning: Now that city staff is aware of this issue, staff is proposing to remedy the situation by adding schools as a permitted use in the Public district and rezoning of certain school properties from the Rural District to the Public District. The Planning Commission previously recommended approval of a text amendment to add schools as a permitted use in the Public zoning district. The City Council is scheduled to review that amendment at its August 16 City Council meeting. Staff Report—Rezoning & Variance# 2016-07—Oak Point Elementary School August 3, 2016 Page 2 of 3 ISD 272 owns multiple properties within the City. Of those properties, 3 are currently zoned Public and the remaining 4 sites are proposed for rezoning from Rural to Public. The adopted Comprehensive Plan guides this property for Public use; therefore, the rezoning request is in compliance with the Comprehensive Plan. Variances: Subsequently staff is recommending the Planning Commission approve the variance requests for the existing conditions of the site. No new development or expansions are being proposed with these requests therefore there are no site plans to review. Existing conditions that require attention due to the proposed zoning change include the existing setbacks for the parking lots. The recommended variance requests would apply only to the existing conditions. Oak Point Elementary School—Existing Setbacks 4'' �* Distance:106.8 Fee[ Distance'.63.3 ` y '. Feet `. ` , q' Distance:91.6 Q Feet i { 1 a Distance:46.4 Y 6` _'� of Feet •-• r;i'f' ' i _ • _ - ' . .6 -i- - Distance'48.1 w <� \ -@ ii,o-:.. Feet 1� yam- _ o Distance:239.5 Feet 04 . Distance:80.4 W ' Feet - \\ ye -el,- t, - r Distance:141.9 Feet Jd • i '. _ a`..'^ / .,_ - ramtii. _ 15 - ?OQR qr Staff has used Hennepin County Oblique Pictometry (aerial imagery) to obtain approximate measurements of existing conditions. This site will require a setback variance for the existing parking lot. It appears that the closest portion of the parking lot (at the northwest corner) has an approximate setback of 46 ft. along the west/front lot line (along Staring Lake Parkway) and approximately 48 ft. along the north/front lot line (along Anderson Lakes Parkway). All other existing parking lot and building setbacks meet the requirements of the City Code. City Code currently requires that parking lots meet the required front yard setback. The front yard setback in the Public District is 50 ft. Staff Report—Rezoning & Variance# 2016-07—Oak Point Elementary School August 3, 2016 Page 3 of 3 VARIANCE REQUEST Variances may be granted when they are "in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan." Furthermore variances may "be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality." Harmony with Purpose and Intent of Ordinance The requested variance is in harmony with the purpose and intent of the ordinance. The requested variance will not alter the existing use of the property as a school. The setbacks of the parking lot are existing conditions. No changes are being proposed to the site. Consistent with Comprehensive Plan The State law requires that variances be consistent with the comprehensive plan. The existing use of the property is Public/Quasi-Public. No land use change is proposed. The variance would be consistent with the comprehensive guide plan. Reasonable Use of the Property The requested variance is a reasonable use of the property. The setbacks of the parking lot are existing conditions. No changes are being proposed to the site. Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reasons: The existing school was built approximately in 1989 and is currently located in the Rural zoning district. The setbacks of the parking lot are existing conditions. No changes are being proposed to the site. Will not alter Character of Locality The requested variances will not change the character of the locality. The setbacks of the parking lot are existing conditions. No changes are being proposed to the site. STAFF RECOMMENDATIONS Recommend approval of the following requests: 1. Recommend approval of the rezoning the property from Rural District to Public District. 2. Approve Final Order No. 2016-07 approving a Variance to allow reduced setbacks for the existing parking lot for only the existing portion(s) of the parking lot that do not meet the minimum yard setback requirements of 50 ft. from the front lot line of the property of the Public District, contingent upon approval of the rezoning to the Public District. Area Location Map - Oak Point Elementary School Site Address: 13400 Staring Lake Parkway, Eden Prairie, MN II___\_ / II ,U _ _, , 0 1rA . \ow Garden Lane ') S 44‘e4 r? * • kParkwaY p *Aerso: ik:s ////* w / Essex Court ,‘ - * ?)..• * .%ft r 4pi V♦ r 4CoIumbrneRoad il ‘ � ,0 H 4, I 04. xncuri 1 / \Staring Lake ParkwaY O 0 1�11 111 fWiOFee 7 t Guide Plan Map - Oak Point Elementary School 13400 Staring Lake Parkway, Eden Prairie, MN 55347 10 Pir * 4 kfolpfr Po rill ff! I -a , O. , , v410/4 Anderson Lakes Parkway lei 4 • * lia S i Essex Court j.♦ SITE 1 It . 44 1� .* %. t.- 1�� r0. ,,„ ♦ „,0,.., 11.11t‘ -' S eIIIIII Ii o dery Prai ie Land Use Øhllliiii a ► '- b PtiVY 171TI Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre nip Community Commercial Streams 17.7 Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i -B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 E a E N I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 3-01-0 Minor Collector1 DATE Revised 03-23-06 DATE Revised03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water EIVE•WORK•DHEAM M 2 Office/Public/Open Space Right-Of-Way 390 195 O ogamm�Me mo1.m_o.„®o�o..o.a, o .,o.. 390 Feet - Industrial CICityLimits Zoning Map - Oak Point Elementary School 13400 Staring Lake Parkway Eden Prairie, MN 55347 I v Iii- ESSEX CT U J Z U O A ft w r O n 0 6' O 73 U GARDENLN 4, ., w Essex Court 7� Anderson Lakes Parkway �, illir 4 t ••' LG,R Il o 114 • f 44,6, -111 141 'AllSow • KFs PKwy ..4 * '%'' SSS ' 1111 11 V * i �, N;, .._./ RTHRUPT p ... Z �P�\�G,\,,,,,,,N / 0,, \IIII mot' Staring Lake Parkway Ft G� Cityof Ed n rairie Zoni MD CT). r 1 I J =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) 1 1 ,f. t R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•WOBIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I Right of Way -Regional Service Commercial 0 0,075 0.1 5 Milesm°au_...m..=m._..®..g..o.a.,a ..o...ia..m ,..,,mo, Aerial Map: Oak Point Elementary School Address:13400 Staring Lake Parkway Eden Prairie, Minnesota 55347 yy��-�1,4 . 4 r**A1 , PI\ t (4 Wi#, , „ c. s ••E�I 4tte. 4IP , `, it Anderson Lakes Parkway w VW ._ '♦ , . . . _,.. r Essex Court ' -f • z ,,,,. " ___4 „, . ,fhertAt-- ; ,, .., ., .. .,. . , , • -1 ' - tio\' # .0 • . .,..„. , , . ,,, . ,* . ., .. „ ., . A r • Y t ,. - . 4F, , ,-- 4 4 SS‘' , 4 , o 1"1111 .11.1" '''.- *NO* . . ,, , -e .:*\ >'', r4 . ,, 4 4. J 6N, CI:MII O 0 '-. . 4 0' i FI I !1"1"1 Staring Lake Parkway • �!-•, Zi•J' /L...3 4III $ * O7/ O 410 ' 8 0feet f --" % 4A>„ I �� n ,. "` • 1 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 8, 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. Pieper and Poul were absent. II. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by Kirk, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON July 11, 2016 MOTION: Farr moved, seconded by Freiberg, to approve the Planning Commission Minutes. Motion carried 7-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS B. OAK POINT ELEMENTARY SCHOOL Location: 13400 Staring Lake Parkway Request for: • Zoning District Change from Rural to Public on 23.05 acres • Variance to address the existing setback requirements. PLANNING COMMISSION MINUTES August 8, 2016 Page 2 Klima said this variance is for parking lot setbacks and no changes are being proposed for this site. Staff recommendation is for approval. Chair Stoltz opened the meeting up for public input. There was no input. MOTION: Weber moved, seconded by Kirk, to close the public hearing. Motion carried 7-0. MOTION: Weber moved, seconded by Kirk, to recommend approval of the Zoning District Change from Rural to Public on 23.05 acres and Final Order 2016- 07 based on the information included in the staff report dated August 3, 2016. Motion carried 7-0. VII. PLANNERS' REPORT Klima said the Spirit of Eden Prairie Award Nomination Forms are on the City Website. VIII. MEMBERS' REPORT Wuttke said he noticed the parks are heavy trafficked now by users of augmented reality video games and would like to encourage users and parents of kids to be safe and also know and be respectful of the public property and private property rights. Higgins commented there is a lot of pedestrian traffic in the Purgatory Creek area that is causing traffic issues. Chair Stoltz asked if anything has been addressed with this issue. Bourne said the City has talked to Pokemon Go about the park rules and stated the situation is being monitored. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION: Weber moved, seconded by Kirk, to adjourn the Planning Commission meeting. Motion carried 7-0. Chair Stoltz adjourned the meeting at 7:30p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings September 16, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community Rezoning of Eden Lake Elementary Development/Planning School— 12000 Anderson Lakes Parkway Janet Jeremiah/Angie Perera Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural District (R) to Public District (PUB) on 13.38 acres. Background The rezoning request will address a housekeeping matter regarding the City Code and prior approvals by the City of Eden Prairie. In summary, the proposed rezoning, if approved, will bring the existing school into compliance with the City Code and with the Comprehensive Plan. No new development or expansions are being proposed with this request. 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 definition of"public infrastructure"did not include schools. The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Now that city staff is aware of this issue, we are working to remedy the situation by proposing that schools be added as a permitted use in the Public district and rezoning of school properties to the Public district. ISD 272 owns multiple properties within the City. Of those properties, 3 are currently zoned Public and the remaining 4 sites are proposed for rezoning from Rural to Public. The adopted Comprehensive Plan guides this property for Public use; therefore, the rezoning request is in compliance with the Comprehensive Plan. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the Aug. 8, 2016, meeting. Attachments 1. Ordinance 2. Staff Report 3. Location Map 4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Planning Commission Minutes dated Aug. 8, 2016 EDEN LAKE ELEMENTARY SCHOOL REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Public District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Public District. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2016, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of , 2016. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2016. Exhibit A Legal Description Eden Lake Elementary School Rezoning OUTLOT B, LAKE EDEN ADDITION PID #23-116-22-13-0002 STAFF REPORT TO: Planning Commission FROM: Angie Perera, Planner 1 DATE: August 3, 2016 PROJECT: Eden Prairie Schools—Rezoning&Variance LOCATION: Eden Lake Elementary School— 12000 Anderson Lakes Parkway APPLICANT: City of Eden Prairie OWNERS: Independent School District 272 120 DAY REVIEW: Not Applicable REQUEST: 1. Rezoning from Rural District to Public District 2. Variance to allow reduced setbacks for the existing parking lot 3. Variance to exceed the 30 ft. maximum building height requirement for the existing structure BACKGROUND The rezoning and variance requests are proposed to address a housekeeping matter regarding the City Code and prior approvals by the City of Eden Prairie. In summary, the proposed rezoning and variance, if approved, will bring the existing school into compliance with the City Code and with the Comprehensive Plan. 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 definition of "public infrastructure" was limited to infrastructure and did not include schools. The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Rezoning: Now that city staff is aware of this issue, staff is proposing to remedy the situation by adding schools as a permitted use in the Public district and rezoning of certain school properties from the Rural District to the Public District. The Planning Commission previously recommended approval of a text amendment to add schools as a permitted use in the Public zoning district. The City Council is scheduled to review that amendment at its August 16 City Council meeting. Staff Report—Rezoning & Variance # 2016-08—Eden Lake Elementary School August 3, 2016 Page 2 of 4 ISD 272 owns multiple properties within the City. Of those properties, 3 are currently zoned Public and the remaining 4 sites are proposed for rezoning from Rural to Public. The adopted Comprehensive Plan guides this property for Public use; therefore, the rezoning request is in compliance with the Comprehensive Plan. Variances: Subsequently staff is recommending the Planning Commission approve the variance requests for the existing conditions of the site. No new development or expansions are being proposed with these requests therefore there are no site plans to review. Existing conditions that require attention due to the proposed zoning change include the existing height of the building and for the existing setbacks of the parking lot. The recommended variance requests would apply only to the existing conditions. Eden Lake Elementary School—Existing Setbacks ire' � ,.J 4 -:.. •[3 i Distance:93.1 ��'- Fa Feet _ ,t Y " .g r.. '.Distance: ? 4•t Feet, H ,�' r� ama `Y- q_ --distance 34.a - 1,G _Feet t - . - 't t7ists :e.- i- ter Feet ' I di Eden Lake Elementary School—Existing Building Height(NW corner) a 4. 4" ` , M ♦ g lir Rtt Staff Report—Rezoning & Variance # 2016-08—Eden Lake Elementary School August 3, 2016 Page 3 of 4 The Rural district allows a building height of 40 feet, so at the time of construction, the height of the building was compliant with City Code. The Public district has a maximum building height of 30 feet, so staff is recommending approval of a variance to allow the existing condition in order for the site to maintain its conforming status. Staff has used Hennepin County Oblique Pictometry (aerial imagery) to obtain approximate measurements of existing conditions. It appears that the tallest portion of the existing building (at the northwest corner) is approximately 36 feet or greater. City Code currently allows a maximum height of 30 ft. for the main structures in the Public District. In regards to the setback variance, it appears that the closest portion of the parking lot at the south side/front lot line of the property (along Anderson Lakes Parkway) is approximately 34 ft. and at 0 ft. setback along the east/side lot line of the property. City Code currently requires a minimum yard setback of 50 ft. from the front and 10 ft. from the side lot line of the property. VARIANCE REQUEST Variances may be granted when they are "in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan." Furthermore variances may "be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality." Harmony with Purpose and Intent of Ordinance The requested variance is in harmony with the purpose and intent of the ordinance. The requested variance will not alter the existing use of the property as a school. Consistent with Comprehensive Plan The State law requires that variances be consistent with the comprehensive plan. The existing use of the property is Public/Quasi-Public. No land use change is proposed. The variance would be consistent with the comprehensive guide plan. Reasonable Use of the Property The requested variance is a reasonable use of the property. The building height and the setbacks of the parking lot are existing conditions. No changes are being proposed to the site. Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reasons: The existing school was built approximately in 1993 and is currently located in the Rural zoning district. The Rural district allows a building height of 40 feet, so at the time of construction, the height of the building was compliant with City Code. The Public zoning district has a maximum building height of 30 feet. The existing building is in conformance with the maximum building height requirements of the existing, Rural zoning district in which the property is currently located. To bring the property into compliance with the existing comprehensive plan and with Staff Report—Rezoning & Variance # 2016-08— Eden Lake Elementary School August 3, 2016 Page 4 of 4 the existing use of the property, the property is being re-zoned to the Public zoning district. Rezoning the property to the Public district would create a non-conforming building height for the existing building without approval of the variance. The setbacks of the parking lot are also existing conditions. No changes are being proposed to the site. Will not alter Character of Locality The requested variances will not change the character of the locality. The building height and the setbacks of the parking lot are existing conditions. No changes are being proposed to the site. STAFF RECOMMENDATIONS 1. Recommend approval of the rezoning the property from Rural District to Public District. 2. Approve Final Order No. 2016-08 approving a Variance to exceed the building height requirement for the existing portion(s) of the building that currently exceed the 30 ft. maximum building height of the Public District and approving a Variance to allow reduced setbacks for the existing parking lot for only the existing portion(s) of the parking lot that do not meet the 50 ft. minimum setback from the front lot line, and 10 ft. minimum side lot line setback of the property of the Public District, contingent upon approval of the rezoning to the Public District. Area Location Map - Eden Lake Elementary School Site Address: 12000 Anderson Lakes Parkway, Eden Prairie, MN ui - alitill11111 Ill - r # ‘"114.1 II * ft ft , mw LI ',-- ,• 14,/, 0 4 • li, . m MIN 4Zardel Rd P444 1-! I Iml 41 111 fi 1 1 1 k APP4111 % wm * SITE Perserve Blvd )k It Aw Anderson Lakes PlArY 4a4P ilk SY w Orsietwaterf°rd4( . 4 Aim IIF _______ % Homeward Hills vnIMIWIN N - Willi gliel sit 4* Tam x l000 .e.t Guide Plan Map - Eden Lake Elementary School 12000 Anderson Lakes Parkway, Eden Prairie, MN 55347 ,-- ake ,iii Darnel Road 16 ..----, Grier Lane I; ,_____......................ji I SITE VI . I 1 1/! 0 _____-- i 1 ze. Homeward Hills Road Anderson Lakes Parkway I I � I I iiof E ' en Prairie4Land Use Guide /01arillep 2000-2030 L / Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre nip Community Commercial Streams 17.7 Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i -B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 I-I Medium Density Residential/Office - Park/Open Space Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 E a E N I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08 I1 Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water ti6t•WORK•DHEAM M 2 Office/Public/Open Space Right—Of—Way 370 185 •O ogamm�Me moe„mmew„®e�Onnenae e Mfoµi370 Feet - Industrial CICityLimits Zoning Map - Eden Lake Elementary School 12000 Anderson Lakes Parkway Eden Prairie, MN 55347 IP" V -‘ f milli , 1\,, I pill 6 ._ ,# Grier lane Darnel Road --\----"\-N -- - It ,411$0 kFSa Q ilkkY Anderson Lakes Parkway sa 1111 ____________7...40 ,9 • �v ' • hir i E. 111Pallir I it & WAIERRURu Homeward hills Road W ' I 91/ty of Eden Prairie Ma I�Zoning p _ / i =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) . 1 1 ,f. t R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5 Acre Min. EDEN -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•WOBIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I I Right of Way -Regional Service Commercial 0 0,075 0.15 Miles .waL_op..m..=..m._..®..i..o.a.,a ..o...:;,..m ,..,,mo, Aerial Map: Eden Lake Elementary School Address:12000 Anderson Lakes Parkway Eden Prairie, Minnesota 55347 . _ iii_iii xiv:„441. , N ,,46 ,,i , . , . 4 ,„. „ k, _ 11411 ., . , 4 • Grier Lane — ... \ 0' DarneIRoad Will ,,,,: A,- . .,:' 2.' ."' '-: . $1° ' ''''l ' ' . -4;t4' • ill _ j T� f4 --L, , ' tr."' 'lit" 1' . .. , . - • 307:' ..N , \ . �- -" SITE IIlltr w �. II r. .. w � s qr ale _ a ad !. 44 till Anderson Lakes Parkway 1. . - _/In 1*, A Ili Homeward Hills Road III II 1 330`i,.1 6:0 III_�I ____ APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 8, 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. Pieper and Poul were absent. II. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by Kirk, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON July 11, 2016 MOTION: Farr moved, seconded by Freiberg, to approve the Planning Commission Minutes. Motion carried 7-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS C. EDEN LAKE ELEMENTARY SCHOOL Location: 12000 Anderson Lakes Parkway Request for: • Zoning District Change from Rural to Public on 23.46 acres • Variance to address the existing setback requirements. PLANNING COMMISSION MINUTES August 8, 2016 Page 2 Klima said the variance requests are for parking lot setbacks and building height. No changes are being proposed for this site. Staff recommendation is for approval. Chair Stoltz opened the meeting up for public input. There was no input. MOTION: Higgins moved, seconded by Kirk, to close the public hearing. Motion carried 7-0. MOTION: Higgins moved, seconded by Weber, to recommend approval of the Zoning District Change from Rural to Public on 23.46 acres and Final Order 2016- 08 based on the information included in the staff report dated August 3, 2016. Motion carried 7-0. VII. PLANNERS' REPORT Klima said the Spirit of Eden Prairie Award Nomination Forms are on the City Website. VIII. MEMBERS' REPORT Wuttke said he noticed the parks are heavy trafficked now by users of augmented reality video games and would like to encourage users and parents of kids to be safe and also know and be respectful of the public property and private property rights. Higgins commented there is a lot of pedestrian traffic in the Purgatory Creek area that is causing traffic issues. Chair Stoltz asked if anything has been addressed with this issue. Bourne said the City has talked to Pokemon Go about the park rules and stated the situation is being monitored. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION: Weber moved, seconded by Kirk, to adjourn the Planning Commission meeting. Motion carried 7-0. Chair Stoltz adjourned the meeting at 7:30p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings September 6, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.D. Community Rezoning of Forest Hills Elementary Development/Planning School— 13708 Holly Road Janet Jeremiah/Angie Perera Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural District (R) to Public District (PUB) on 2.97 acres. Background The rezoning request will address a housekeeping matter regarding the City Code and prior approvals by the City of Eden Prairie. In summary, the proposed rezoning, if approved, will bring the existing school into compliance with the City Code and with the Comprehensive Plan. No new development or expansions are being proposed with this request. 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 definition of "public infrastructure" did not include schools. The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Now that city staff is aware of this issue, we are working to remedy the situation by proposing that schools be added as a permitted use in the Public district and rezoning of school properties to the Public district. ISD 272 owns multiple properties within the City. Of those properties, 3 are currently zoned Public and the remaining 4 sites are proposed for rezoning from Rural to Public. The adopted Comprehensive Plan guides this property for Public use; therefore, the rezoning request is in compliance with the Comprehensive Plan. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the Aug. 8, 2016, meeting. Attachments 1. Ordinance 2. Staff Report 3. Location Map 4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Planning Commission Minutes (dated Aug. 8, 2016) FOREST HILLS ELEMENTARY SCHOOL REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Public District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Public District. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2016, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of , 2016. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2016. Exhibit A Legal Description Forest Hills Elementary School Rezoning Commencing at a point in North line of Holly Road 973 85/100 feet East from West line of northeast 1/4 of southwest 1/4 thence deflect left 45 degrees distance 237 6/10 feet thence northwesterly at right angle 95 feet to actual point of beginning thence northeasterly at right angle 144 feet thence northwesterly at right angle 444 feet thence southwesterly at right angle 292 feet thence southeasterly at right angle 444 feet thence northeasterly at right angle 148 feet to beginning PID # 03-116-22-31-0001 STAFF REPORT TO: Planning Commission FROM: Angie Perera, Planner 1 DATE: August 8, 2016 PROJECT: Eden Prairie Schools—Rezoning&Variance LOCATION: Forest Hills Elementary School— 13708 Holly Road APPLICANT: City of Eden Prairie OWNERS: Independent School District 272 120 DAY REVIEW: Not Applicable REQUEST: 1. Rezoning from Rural District to Public District 2. Variance to allow reduced setbacks for the existing building and parking lot BACKGROUND The rezoning and variance requests are proposed to address a housekeeping matter regarding the City Code and prior approvals by the City of Eden Prairie. In summary, the proposed rezoning and variance, if approved, will bring the existing school into compliance with the City Code and with the Comprehensive Plan. 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 definition of "public infrastructure" was limited to infrastructure and did not include schools. The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Rezoning: Now that city staff is aware of this issue, staff is proposing to remedy the situation by adding schools as a permitted use in the Public district and rezoning of certain school properties from the Rural District to the Public District. The Planning Commission previously recommended approval of a text amendment to add schools as a permitted use in the Public zoning district. The City Council is scheduled to review that amendment at its August 16 City Council meeting. ISD 272 owns multiple properties within the City. Of those properties, 3 are currently zoned Public and the remaining 4 sites are proposed for rezoning from Rural to Public. The adopted Staff Report—Rezoning & Variance # 2016-09—Forest Hills Elementary School August 3, 2016 Page 2 of 3 Comprehensive Plan guides this property for Public use; therefore, the rezoning request is in compliance with the Comprehensive Plan. Variances: Subsequently staff is recommending the Planning Commission approve the variance requests for the existing conditions of the site. No new development or expansions are being proposed with these requests therefore there are no site plans to review. Existing conditions that require attention due to the proposed zoning change include the existing setbacks of for these structures including existing buildings and parking lots. The recommended variance requests would apply only to the existing conditions. Forest Hills Elementary School—Existing Setbacks Dista: i. -. Feet -• Distance:0 13 Feet ' 'Distance:0 - •_J, � _ . Feet _� :.. r l � _d- .. s ' • , . Distance:33.9 Q ti, ,i' • e ,. tk1 c Feet_ - o. 'A , Distarr..erirr Feet ity - Distance:34.8 400 � � `'a^ -- Feet sier (Distance:0 'k _ , . Feet •s - „. .��' f r t/ • 7H---77 ,>.NN 1 IRPC, . ,,,' , r : a ._- _ •. ' Staff has used Hennepin County Oblique Pictometry (aerial imagery) to obtain approximate measurements of existing conditions. This site will require a setback variance for the existing building and parking lot. It appears that the closest portion of the parking lot (at the northwest corner) has a 0 ft. setback from both the west/side lot line and from the north/front lot line of the property. As for the existing building, it currently does not meet any of the setback requirements. The building currently has a 0 ft. setback from both the west and east side lot lines of the property, and an approximate setback of 34 ft. from both the north/front and rear/south lot lines of the property. City Code currently requires a building setback of 50 ft. from the front and rear lot lines and a minimum of 50 ft. from the side lot lines and a total combined side yard setback of 150 ft. in the Public District. City Code also requires a parking lot setback of 50 ft. from the front lot line and a 10 ft. side and rear lot line setback from the lot lines of the property in the Public District. VARIANCE REQUEST Staff Report—Rezoning & Variance # 2016-09—Forest Hills Elementary School August 3, 2016 Page 3 of 3 Variances may be granted when they are "in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan." Furthermore variances may"be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality." Harmony with Purpose and Intent of Ordinance The requested variance is in harmony with the purpose and intent of the ordinance. The requested variance will not alter the existing use of the property as a school. The building height and the setbacks of the parking lot are existing conditions. No changes are being proposed to the site. Consistent with Comprehensive Plan The State law requires that variances be consistent with the comprehensive plan. The existing use of the property is Public/Quasi-Public. No land use change is proposed. The variance would be consistent with the comprehensive guide plan. Reasonable Use of the Property The requested variance is a reasonable use of the property. The building height and the setbacks of the parking lot are existing conditions. No changes are being proposed to the site. Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reasons: The existing school was built approximately in 1970 and is currently located in the Rural zoning district. The building and parking lot setbacks are existing conditions. No changes are being proposed to the site. Will not alter Character of Locality The requested variances will not change the character of the locality. The building and parking lot setbacks are existing conditions. No changes are being proposed to the site. STAFF RECOMMENDATIONS 1. Recommend approval of the rezoning the property from Rural District to Public District. 2. Approve Final Order No. 2016-09 approving a Variance to allow reduced setbacks for the existing buildings and existing parking lots for only the existing portions of the buildings and parking lots that do not meet the building setback of 50 ft. from the front and rear lot lines and a minimum of 50 ft. from the side lot lines and a total combined side yard setback of 150 ft. in the Public District and for the parking lots that do not meet the 50 ft. front lot line and the 10 ft. side and rear lot line setback from the lot lines of the property in the Public District. Area Location Map - Forest Hills Elementary School Site Address: 13708 Holly Road, Eden Prairie, MN Holly Road ) / A I 14 Baker Road 4 ii 411V& , Rosemary Road aa 0 145 291 IIL 580 F-- Guide Plan Map - Forest Hills Elementary School 13708 Holly Road, Eden Prairie, MN 55346 -----",211=2:1 Baker Road 4111 4 4 Aril Argil *. Tallio -I, Holly Road in RE ' 4 Rosemary Road 1 p of ' • - -: Land • a M . •/00- -03 � -- _ lk is .'- Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre nip Community Commercial Streams 17.7 Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 EDEN I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collect or DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water EIVE•wORK•QAEAM 2 Office/Public/Open Space Right-Of-Way 300 150 :e:0ogamm�Me mo1.m_o.„®o�o..o.a, o ..o.. 300 Feet - Industrial CICityLimits Zoning Map -Forest Hills Elementary School 13708 Holly Road Eden Prairie, MN 55346 PROMO 11 PI 4 TANAGER LN 0 cr cc Z Y J x CO W E— W 2 U Z Q Mil 4 Manchester Lane Baker Road 11 oy� 0 40,0: ,,, *sii Holly Road ! II ZoRosemary Road A 0 JAMES PLIobaili'a ie Nilr/%---1-- .. g a �\illi„ rt• =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) 1 1 ,f. t R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5 Acre Min. EDEN -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•WOBIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I Right of Way -Regional Service Commercial 0 0,075 0.15 Milesm°au_o...m..=m._..®..g..o.a.,a ..o...ia..m ,..,,mo, Aerial Map: Forest HillsElementary School Address: 13708 Holly Road Eden Prairie, Minnesota 55346 iiiimiti,‘ ,:,:. \ .,, ,,A,... :,,_ .,...,. ;.. . ..„..,„.,..:_:. .,,..„T.,,..T.. ., .. . , ... . -4 . . , , Liw*_ . , . . ,.._ .... ..:, , . .. , .„.., . .. . 4 i - • It. ' `s i „„ .;rs . 'a aii is I ,. i r, Manchester Lane `'1. �_ ` Baker Road .. — .,_,. $ ac. ,, , . .y. ..,. ta: .• A4... .. ‘ . •N ' , -, g,:.1.-;5.-7 .. ,, 7,1 .----,: d ,t" ,_,,. . ,• _ -' / _ :, - : - 4 .:..,;,40 4 \ . / ',I*- •,,' flitit '4' �T .y - - . . . , - . • . . 4*, 7 1, __ • . .. • s -, t, : 1 ______ ; ' 1. ::-. W ' Holly Road 414 - Ik‘Viral11111 11II P ** I Rosemary Road 441 1 I I RT 41 IT Sib '1 . 7 ilpili Ili 11 0 1■� 34, 6:0 Fe: 1 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 8, 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. Pieper and Poul were absent. II. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by Kirk, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON July 11, 2016 MOTION: Farr moved, seconded by Freiberg, to approve the Planning Commission Minutes. Motion carried 7-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS D. FOREST HILLS ELEMENTARY SCHOOL Location: 13708 Holly Road Request for: • Zoning District Change from Rural to Public on 23.31 acres • Variance to address the existing setback requirements. PLANNING COMMISSION MINUTES August 8, 2016 Page 2 Klima said the variance request is to allow reduced setbacks for the existing building and parking lot. No changes are being proposed for this site. Staff recommendation is for approval. Chair Stoltz opened the meeting up for public input. There was no input. MOTION: Farr moved, seconded by Kirk, to close the public hearing. Motion carried 7-0. MOTION: Farr moved, seconded by Kirk, to recommend approval of the Zoning District Change from Rural to Public on 23.31 acres and Final Order 2016-09 based on the information included in the staff report dated August 3, 2016. Motion carried 7-0. VII. PLANNERS' REPORT Klima said the Spirit of Eden Prairie Award Nomination Forms are on the City Website. VIII. MEMBERS' REPORT Wuttke said he noticed the parks are heavy trafficked now by users of augmented reality video games and would like to encourage users and parents of kids to be safe and also know and be respectful of the public property and private property rights. Higgins commented there is a lot of pedestrian traffic in the Purgatory Creek area that is causing traffic issues. Chair Stoltz asked if anything has been addressed with this issue. Bourne said the City has talked to Pokemon Go about the park rules and stated the situation is being monitored. IX. CONTINUING BUSINESS X. NEW BUSINESS M. ADJOURNMENT MOTION: Weber moved, seconded by Kirk, to adjourn the Planning Commission meeting. Motion carried 7-0. Chair Stoltz adjourned the meeting at 7:30p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings September 6, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.E. Community Rezoning of Hennepin Technical Development/Planning College— 13100 College View Drive Janet Jeremiah/Angie Perera Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural District (R) to Public District(PUB) on 104.38 acres. Background The rezoning request will address a housekeeping matter regarding the City Code and prior approvals by the City of Eden Prairie. In summary, the proposed rezoning, if approved, will bring the existing school into compliance with the City Code and with the Comprehensive Plan. No new development or expansions are being proposed with this request. 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 definition of "public infrastructure" did not include schools. The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Now that city staff is aware of this issue, we are working to remedy the situation by proposing that schools be added as a permitted use in the Public district and rezoning of school properties to the Public district. The adopted Comprehensive Plan guides this property for Public use; therefore, the rezoning request is in compliance with the Comprehensive Plan. Planning Commission Recommendation The Planning Commission voted 6-1 to recommend approval of the project at the August 8, 2016 meeting. Attachments 1. Ordinance 2. Staff Report 3. Location Map 4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Planning Commission Minutes (dated 8/8/16) HENNEPIN TECHNICAL COLLEGE REZONING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Public District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Public District. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2016, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of , 2016. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2016. Exhibit A Legal Description Hennepin Technical College Rezoning Par 5: That part of the East Half of the Southeast Quarter and of Government Lots 2 and 3 in Section 22, Township 116, North, Range 22; and that part of Northeast Quarter of the Northeast Quarter of Section 27, Township 116 North, Range 22, described as beginning at a point in the South line of said Section 22, distant 80.8 feet West of the Southeast corner thereof; thence East 80.8 feet to the Southeast corner of said Section 22, thence North along the East line of said Section 22, to a point therein distant 876 feet South of the East Quarter corner of said Section 22 which point is marked by a Judicial Landmark; thence Westerly parallel to the North line of said Northeast Quarter of the Southeast Quarter and the North line of Government Lot 3, a distance of 1720.2 feet to a point, which point is marked by a Judicial Landmark; thence Northwesterly deflecting to the right at an angle of 57 degrees 11' a distance of 131.2 feet to a point, which point is marked by a Judicial Landmark; thence Northwesterly, deflecting to the right at an angle of 0 degrees 51', a distance of 357.6 feet to a point, which point is marked by a Judicial Landmark; thence Northwesterly deflecting to the right at an angle of 20 degrees 31', a distance of 106 feet to a point, which point is marked by a Judicial Landmark; thence Northwesterly 384.4 feet, more or less, in a straight line to a point in the North line of said Government Lot 3 distant 2128.15 feet West of the Northeast corner of said Northeast Quarter of the Southeast Quarter of the Southeast Quarter, which point is marked by a Judicial Landmark; thence Westerly to the North and South Quarter line of said Section 22, which point is marked by a Judicial Landmark; thence Southerly along said Quarter line to the shore line of Starring Lake to a point, which point is marked by a Judicial Landmark; thence Southeasterly, Southerly and Southwesterly along said shore line to said Quarter line to a point which point is marked by a Judicial Landmark; thence Southerly along said Quarter line to the South Quarter corner of said Section 22; thence Easterly along the South line of said Section 22, to a point therein distant 249.2 feet West of the point of beginning, which point is marked by a Judicial Landmark; thence Southerly parallel with the East line of said Section 27 a distance of 442.09 feet to a point which is marked by a Judicial Landmark; thence Northeasterly along a curved line, being 4 degrees curve and concave to the Southeast, a distance of 510.56 feet to the point of beginning. Except that part of said East Half of the Southeast Quarter of Section 22 and of said Northeast Quarter of the Northeast Quarter of Section 27, which lies Westerly of the Westerly right of way line of Trunk Highway No 169 as now located and established and Easterly of a line run parallel with and distant 110 feet Westerly of Line 1 described below: Line 1: Beginning at a point on the Easterly extension of the East and West quarter line of said Section 22, distant 0.12 feet East of the East quarter corner thereof; thence run Southerly at an angle of 91 degrees 01'21" from said Easterly extension (measured from West to South) for 2179 feet; thence deflect to the right on a tangential curve having a radius of 1432.39 feet and delta angle of 41 degrees 57' 14" for 1048.85 feet and there terminating; And except that part of said East Half of the Southeast Quarter of Section 22 adjoining and Westerly of the above described strip which lies Northerly of the following described line: From a point on Line 1 described above, distant 890.68 feet Southerly of its point of beginning, run Westerly at right angles to said Line 1 for 110 feet to the point of beginning of the line to be described; thence continue Westerly on the last described course for 130 feet; thence run Southwesterly to a point distant 340 feet Westerly (measured at right angles) of a point on said Line 1, distant 1,000.68 feet Southerly of the point of beginning; thence run Westerly to a point distant 520 feet Westerly (measured at right angles) of a point on said Line 1, distant 1,000.68 feet Southerly of its point of beginning; thence run Northerly parallel to said Line 1 for 180 feet and there terminating; And except that part of above described land which lies Easterly of a line run parallel with and distant 110 feet Westerly of Line A described below: Line A: Beginning at a point on the Easterly extension of the East West quarter line of said Section 22, distant 0.12 feet East of the East quarter corner thereof; thence run Southerly at an angle of 91 degrees 45'37" from said Easterly extension (measured from West to South) for 2179 feet; thence deflect to the right on a tangential curve having a radius of 1432.39 feet and delta angle 41 degrees 57'14" for 1048.85 feet and there terminating; And except that part of above described land which lies Easterly of Line B described below: Line B: Beginning at a point on Line C described below, distant 391.47 feet Southerly of its point of termination; thence run Westerly at right angles to said Line C to an intersection with a line run parallel with and distant 110 feet Westerly of Line A described above; thence run Southwesterly to a point distant 100 feet Westerly (measured at right angles) of a point on said Line C, distant 571.47 feet Southerly of its point of termination, thence run Southerly parallel with said Line C for 500 feet and there terminating. Line C: From a point on the East line of said Section 27, distant 81.15 feet South of the Northeast corner thereof; run Southwesterly at an angle of 41 degrees 47" 04" from said East section line (measured from South to West) for 978.25 feet to the point of beginning of Line C to be described; thence run Northeasterly on the last described course for 100 feet; thence deflect to the left on a tangential curve having a radius of 2291.83 feet and a delta angle of 41 degrees 57'14" for 1678.15 feet and there terminating. And except that part of above described land, adjoining and Westerly of the last described strip, which lies Southerly of the North line of said Section 27; And except that part of said East Half of the Southeast Quarter of Section 22 which lies Northerly of the following described land: Beginning at a point on Line A described above, distant 883.64 feet Southerly of its point of beginning; thence run Westerly at right angles to said Line A for 240 feet; thence run Southwesterly to a point distant 340 feet Westerly (measured at right angles) of a point on said Line A, distant 993.64 feet Southerly of its point of beginning; thence run Westerly to a point distant 520 feet Westerly (measured at right angles) of a point on said Line A, distant 993.64 feet Southerly of its point of beginning; thence run Northerly parallel with said Line A for 200 feet and there terminating; Par 6: That part of Tract 1 described below: Tract 1: That part of Tract A described below: Tract A: That part of the East Half of the Southeast quarter in Section 22 , Township 116, Range 22 West and that part of the Northeast Quarter of the Northeast Quarter of Section 27, Township 116 North, Range 22 West, described as follows: Beginning at a point on the South line of said Section 22, distant 80.8 feet West of the Southeast corner thereof; thence East 80.0 feet to the Southeast corner of said Section 22; thence North along the East line of said Section 22 to a point therein distant 876 feet South of the East Quarter corner of said Section 22, which point is marked by a Judicial Landmark; thence Westerly parallel to the North line of said Northeast Quarter of the Southeast Quarter to the shoreline of Starring Lake to a point; thence Southeasterly, Southerly and Southwesterly along said shoreline to a point, which point is marked by Judicial Landmark, thence Southerly along said quarter line to the South quarter corner of said Section 22; thence Easterly along the South line of said Section 22 to a point therein, distant 249.2 feet West of the point of beginning, which point is marked by a Judicial Landmark; thence Southerly parallel with the East line of said Section 27, a distance of 442.09 feet to a point which point is marked by a Judicial Landmarks; thence Northeasterly along a curved line, being 4 degrees 00' 00" curve concave to the Southeast, a distance of 510.56 feet to the point of beginning; The boundary line of the land herein described are marked by Judicial Landmarks set pursuant to Torrens Case No 17159. Which lies Westerly of the Westerly right of way line of Trunk Highway No 169 as now located and established and Easterly of a line run parallel with and distant 110 feet Westerly of Line 1 described below: Line 1: Beginning at a point on the Easterly extension of the East and West quarter line of said Section 22, distant 0.12 feet East of the East quarter corner thereof; thence run Southerly at an angle of 91 degrees 01'21" from said Easterly extension (measured from West to South) for 2179 feet; thence deflect to the right on a tangential curve having a radius of 1432.39 feet and a delta angle of 41 degrees 57"14" for 1048.85 feet and there terminating; Together with that part of Tract A herein before described, adjoining and Westerly of the above described strip which lies Northerly of the following described line: From a point on Line 1 described above, distant 890.68 Southerly of its point of beginning, run Westerly at right angles to said Line 1 for 110 feet to the point of beginning of the line to be described; thence continue Westerly on the last described course for 130 feet; thence run Southwesterly to a point distant 340 feet Westerly (measured at right angles) of a point on said Line 1, distant 1000.68 feet Southerly of the point of beginning; thence run Westerly to a point distant 520 feet Westerly (measured at right angles) of a point on said Line 1, distant 1,000.68 feet Southerly of its point of beginning; thence run Northerly parallel to said Line foe 180 feet and there terminating; Which lies Easterly of a line parallel with and distant 110 feet Westerly of Line 1 described above, Westerly of a line run parallel with and distant 110 feet Westerly of Line A described below, Southerly of Line B described below and Northerly of Line C described below: Line A: Beginning at a point on the Easterly extension of the East and West quarter line of said Section 22, distant 0.12 feet East of the East quarter corner thereof; thence run Southerly at an angle of 91 degrees 45'37" from said Easterly extension (measured from West to South) for 2179 feet; thence deflect to the right on a tangential curve having a radius of 1432.39 feet and delta angle of 41 degrees 57'14" for 1048.85 feet and there terminating; Line B: Beginning at a point on Line A described above, distant 883.64 feet Southerly of its point of beginning; thence run Westerly at right angles to said Line A for 200 feet and there terminating; Line C: From a point on Line D described below, distant 391.47 feet Southerly of its point of termination, run Westerly at right angles to said Line D to an intersection with a line run parallel with and distant 110 feet Westerly of Line A described above, which is the point of beginning of Line C to be described; thence run Southwesterly to a point distant 100 feet Westerly (measured at right angles) of a point on said Line D, distant 571.47 feet Southerly of its point of termination and there terminating; Line D: From a point on the East line of said Section 27, distant 81.15 feet South of the Northeast corner thereof, run Southwesterly at an angle of 41 degrees 47'04" from said East Section line (measured from South to West) for 978.25 feet to the point of beginning of Line D to be described; thence run Northeasterly on the last described course for 100 feet; thence deflect to the left on a tangential curve having a radius of 2291.83 feet and delta angle of 41 degrees 57 minutes 14 seconds foe 1678.15 feet and there terminating; Together with that part of Tract 1 herein before described which lies Westerly of a line run parallel with and distant 520 feet Westerly of Line A described above. PID #22-116-22-44-0001, PID # 22-116-22-43-0001, and PID # 22-116-22-42-0001 STAFF REPORT TO: Planning Commission FROM: Angie Perera, Planner 1 DATE: August 3, 2016 PROJECT: Eden Prairie Schools—Rezoning&Variance LOCATION: Hennepin Technical College— 13100 College View Drive (3 parcels including PID #22-116-22-44-0001, PID #22-116-22-43-0001, &PID#22-116-22-42-0001) APPLICANT: City of Eden Prairie OWNERS: State of Minnesota(Hennepin Technical College) 120 DAY REVIEW: Not Applicable REQUEST: 1. Rezoning from Rural District to Public District 2. Variance to allow reduced setbacks for the existing buildings and existing parking lots BACKGROUND The rezoning and variance requests are proposed to address a housekeeping matter regarding the City Code and prior approvals by the City of Eden Prairie. In summary, the proposed rezoning and variance, if approved, will bring the existing school into compliance with the City Code and with the Comprehensive Plan. 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 definition of "public infrastructure" was limited to infrastructure and did not include schools. The adoption of the new terminology and definition unintentionally resulted in schools becoming a non-conforming use. Rezoning: Now that city staff is aware of this issue, staff is proposing to remedy the situation by adding schools as a permitted use in the Public district and rezoning of certain school properties from the Rural District to the Public District. The Planning Commission previously recommended approval of a text amendment to add schools as a permitted use in the Public zoning district. The City Council is scheduled to review that amendment at its August 16 City Council meeting. Staff Report—Rezoning & Variance# 2016-10— Hennepin Technical College August 3, 2016 Page 2 of 3 The adopted Comprehensive Plan guides this property for Public use; therefore, the rezoning request is in compliance with the Comprehensive Plan. Variances: Subsequently staff is recommending the Planning Commission approve the variance requests for the existing conditions of the site. No new development or expansions are being proposed with these requests therefore there are no site plans to review. Existing conditions that require attention due to the proposed zoning change include the existing setbacks of the buildings and parking lots. The recommended variance requests would apply only to the existing conditions. Hennepin Technical College—Existing Setbacks (SE property—PID # 22-116-22-44-0001) • Mkt ( ,+-Uie.ViL'LV_Dr. Dista-ce: 0 ;: + i Distance: 9 '. Feet • .. A x�r Feet .1 iirRilir --- 'r k.` Distance: 0 w 1 { Fiat \ V J� a 1y .fLy 1 • 3 t s * 3 J {T • - Distance: 0 - - _, — Distance: 97.2 +dry' Feet ' - • _ Feet ' • . z71' Distance, 97.5 '0 Distance: 69.5 i - - '. rt ,. , } Feet = i• . . - I - I - .• - Staff has used Hennepin County Oblique Pictometry (aerial imagery) to obtain approximate measurements of existing conditions. The existing buildings and parking lots cross over the three lot lines of the properties that the Hennepin Technical College campus site occupies. This essentially means that there is an existing setback of 0 feet from various lot lines. There are also other reduced setbacks from the front, side, and rear lot lines of the properties that are not depicted in the aerial image above. City Code currently requires a building setback of 50 ft. from the front and rear lot lines and a minimum of 50 ft. from the side lot lines and a total combined side yard setback of 150 ft. in the Public District. City Code also requires a parking lot setback of 50 ft. from the front lot line and a 10 ft. side and rear lot line setback from the lot lines of the property in the Public District. Staff Report—Rezoning & Variance# 2016-10— Hennepin Technical College August 3, 2016 Page 3 of 3 VARIANCE REQUEST Variances may be granted when they are "in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan." Furthermore variances may "be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality." Harmony with Purpose and Intent of Ordinance The requested variance is in harmony with the purpose and intent of the ordinance. The requested variance will not alter the existing use of the property as a school. Consistent with Comprehensive Plan The State law requires that variances be consistent with the comprehensive plan. The existing use of the property is Public/Quasi-Public. No land use change is proposed. The variance would be consistent with the comprehensive guide plan. Reasonable Use of the Property The requested variance is a reasonable use of the property. The setbacks of the buildings and parking lots are existing conditions. No changes are being proposed to the site. Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reasons: The existing school was built approximately in 1971 and is currently located in the Rural zoning district. The setbacks of the buildings and parking lots are existing conditions. No changes are being proposed to the site. Will not alter Character of Locality The requested variances will not change the character of the locality. The setbacks of the buildings and parking lots are existing conditions. No changes are being proposed to the site. STAFF RECOMMENDATIONS 1. Recommend approval of the rezoning the property from Rural District to Public District. 2. Approve Final Order No. 2016-10 approving a Variance to allow reduced setbacks for the existing buildings and existing parking lots for only the existing portions of the buildings and parking lots that do not meet the building setback of 50 ft. from the front and rear lot lines and a minimum of 50 ft. from the side lot lines and a total combined side yard setback of 150 ft. in the Public District and for the parking lots that do not meet the 50 ft. front lot line and the 10 ft. side and rear lot line setback from the lot lines of the property in the Public District. Area Location Map - Hennepin Technical College Site Address: 13100 College View Drive, Eden Prairie, MN KV %4'Yos-- Erh4 —1 H 0 0.c ./ OTaik O O,@. --[[ I I Staring Lake Parkway ® Q 111E/h \ HMI _T ♦ O ' o o D 0 Columbine Roa1 rill ) . ..V ' '' ' . ...".c) — — I DO 07 \ 1 ---2 SITE College View Drive _ r II pi ' i/JI\ , / Flying Cloud Drive 0o • t 0 335 litiok ��*taro , Guide Plan Map - Hennepin Technical College 13100 College View Drive, Eden Prairie, MN 55347 -guy , , \,- ,v,,,, Starin@i I, lir 1 ng Lake Parkway , ,,„ ❑�� 0 ❑ ❑ Columbine Road III I \ \ II I II '§ -• >❑ ❑ ❑ ❑❑\ II , \\ College View Drive ❑ , Or7 Lake ❑ ❑ \ i l----7, SITE 7,. / \ ❑❑ ❑❑1 Flying Cloud Drive 1 ,, City of Eden Prairie Lanil Use Guide //// \„:„.„. P4JnAap 2000-203 ����y� */ , 4 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre nip Community Commercial Streams 17.7 Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . $ +;. ,i -B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 E D E N I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open WaterEF- EIVE•WORK•DHEAM : 2 Office/Public/Open Space Right-Of-Way 720 360 e:0ogamm�Me mo1.m_o.„®o�o..o.a, o .,o..720 Feet - Industrial CICityLimits Zoning Map - Hennepin Technical College 13100 College View Drive Eden Prairie, MN 55347 fill IP -WA" Illikall WN+, S% 0. Le 41t, 1‘ ..., ,, _______...... ... II ,_____ 4100)f, 'AI - Staring Lake Parkway 0 0 _, U 0 gy iiiiILLEi o CT). II v_ OColumbine Road 1 Eft / 7 ,1'. VIA-- s, III College View Road 111 I \ ,,,,(T: %, ::::), � 144k SITE Q r op s, � w � Flying Cloud Drive 4111• d City of Eden Prairi Zo in . Mapaiiilibisir♦ i =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) 1 1 ,.. t R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5 Acre Min. EDEN -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•WOBIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I I Right of Way -Regional Service Commercial 0 0.15 0.3 Miles .wa._o...m..=..,.._..®..g..o.a.,a ..o...ia..m ,..,,mo, Aerial Map: Hennepin Technical College Address: 13100 College View Drive Eden Prairie, Minnesota 55347 k /far 0\0/ r ,.. , - ., ._,..," ..›1,,.t.., , ,. ., _ . ._\ nil dium, ,, . . ., 4 . ,4 , #%.t. 110 r•i* .: r,,; 6,§, @ @ @ Irt:rigar! V , !' 4 L f' O y - , k ® rj Q (": liJLad , O Hc MI� o o D \ College View Drive GJ CJQ 4'4 '' 44- M .0/ r t -%. -''L. S1 fri4, ' . ,-.' „ P . t--, . ` ,• h, • te;• -• •- F, p _ , ` ;. Flying Cloud Drive - 774t & . . , ,0 # 0 < _. '' 0 34 6:.. .,/'0.e '. ....w..,...4., / 41,0 - 1 I 1 �In-calla ii ' .� / APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 8, 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. Pieper and Poul were absent. II. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by Kirk, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON July 11, 2016 MOTION: Farr moved, seconded by Freiberg, to approve the Planning Commission Minutes. Motion carried 7-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS E. HENNEPIN TECHNICAL COLLEGE Location: 13100 College View Drive Request for: • Zoning District Change from Rural to Public on 104.38 acres • Variance to address the existing setback requirements. PLANNING COMMISSION MINUTES August 8, 2016 Page 2 Klima said the existing buildings and parking lots crossover the three lot lines of the properties that the Hennepin Technical College campus site occupies. There is an existing setback of 0 feet from the various lot lines. There are also other reduced setbacks from the front, side and rear lot lines of the properties. City Code requires a building setback of 50 feet from the front and rear lot lines and a minimum of 50 feet from the side lot lines and a total combined side yard setback of 150 feet in the Public District. City Code also requires a parking lot setback of 50 feet from the front lot line and a 10 foot side and rear lot line setback from the lot lines of the property in the Public District. No changes are being proposed for this site and staff recommendation is for approval. Kirk asked if Hennepin Technical College was in agreement with these requests. Klima said there were no issues raised by Hennepin Technical College. Farr asked why they have multiple properties with a single building. Klima commented without the history she was unsure but stated at some point Hennepin Technical College could possibly consolidate the three parcels. Farr said he was unsure why the variance requests would go through now when they could potentially consolidate in the future. Klima said the City is recommending the variance to address existing conditions. Kirk commented if they were to do a lot consolidation they would have to invest a lot of time, research and money. Klima concurred it would take a lot of time and money to do the consolidation. Farr asked if this project was to get redeveloped for alternative use, would it get rezoned to PUD. Klima said if the properties were to redevelop there would be a separate Public process. A redevelopment for another use would require a Comp Plan Amendment and rezoning. Chair Stoltz opened the meeting up for public input. There was no input. MOTION: Weber moved, seconded by Higgins, to close the public hearing. Motion carried 7-0. MOTION: Weber moved, seconded by Kirk, to recommend approval of the Zoning District Change from Rural to Public on 104.38 acres and Final Order 2016- 10 based on the information included in the staff report dated August 3, 2016. Motion carried 6-1 (Farr). VII. PLANNERS' REPORT Klima said the Spirit of Eden Prairie Award Nomination Forms are on the City Website. VIII. MEMBERS' REPORT Wuttke said he noticed the parks are heavy trafficked now by users of augmented reality video games and would like to encourage users and parents of kids to be safe and also know and be respectful of the public property and private property rights. Higgins PLANNING COMMISSION MINUTES August 8, 2016 Page 3 commented there is a lot of pedestrian traffic in the Purgatory Creek area that is causing traffic issues. Chair Stoltz asked if anything has been addressed with this issue. Bourne said the City has talked to Pokemon Go about the park rules and stated the situation is being monitored. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION: Weber moved, seconded by Kirk, to adjourn the Planning Commission meeting. Motion carried 7-0. Chair Stoltz adjourned the meeting at 7:30p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims September 06, 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 248160 - 248769 Wire Transfers 1014741 - 1014997 Wire Transfers 5856 - 5875 Purchasing Card 5875 City of Eden Prairie Council Check Summary 9/6/2016 Division Amount Division Amount 773,194 304 Senior Board 494 100 City Manager 638 308 E-911 426 101 Legislative 16,144 309 DWI Forfeiture 21 102 Legal Counsel 40,164 315 Economic Development 11,065 110 City Clerk 1,226 316 WAFTA 23 111 Customer Service 5,637 445 Cable PEG 1,079 112 Human Resources 1,212 502 Park Development 222,127 113 Communications 820 509 CIP Fund 427,770 114 Benefits&Training 3,769 512 CIP Trails 15,283 131 Finance 290 513 CIP Pavement Management 6,601 132 Housing and Community Services 3,380 522 Improvement Projects 2006 20,881 133 Planning 20,878 526 Transportation Fund 2,054 136 Public Safety Communications 1,164 527 CIP-Leasing Costs 210 137 Economic Development 182 528 Shady Oak Rd-CR 61 North 52 138 Community Development Admin. 535 529 Shady Oak Rd-CR 61 South 260,012 150 Park Administration 3,445 531 Eden Prairie Road 12 151 Park Maintenance 53,064 804 100 Year History 1,056 153 Organized Athletics 2,339 Total Capital Projects Fund 969,166 154 Community Center 25,529 155 Beaches 260 601 Prairie Village Liquor 154,999 156 Youth Programs 25,454 602 Den Road Liquor 299,069 157 Special Events 294 603 Prairie View Liquor 203,416 158 Senior Center 1,955 605 Den Road Building 4,880 159 Recreation Administration 10,653 701 Water Fund 304,481 160 Therapeutic Recreation 651 702 Sewer Fund 356,051 161 Oak Point Pool 2,428 703 Storm Drainage Fund 76,199 162 Arts 14,765 Total Enterprise Fund 1,399,096 163 Outdoor Center 4,704 164 Park Rental Facilities 65 803 Escrow Fund 19,639 168 Arts Center 2,325 806 SAC Agency Fund 19,880 180 Police 56,090 807 Benefits Fund 1,257,064 184 Fire 34,703 809 Investment Fund 1,133 186 Inspections 913 810 Workers Comp Insurance 155,014 200 Engineering 6,420 811 Property Insurance 228,820 201 Street Maintenance 1,180,611 812 Fleet Internal Service 39,657 202 Street Lighting 73,699 813 IT Internal Service 71,557 Total General Fund 2,369,599 814 Facilities Capital ISF 7,219 815 Facilites Operating ISF 99,504 301 CDBG 5,648 816 Facilites City Center ISF 108,729 303 Cemetary Operation 1,583 817 Facilites Comm.Center ISF 65,394 312 Recycle Rebate 29 Total Internal Svc/Agency Funds 2,073,611 Total Special Revenue Fund 7,260 Report Total 6,818,731 City of Eden Prairie Council Check Register by GL 9/6/2016 Check# Amount Supplier/Explanation Account Description Business Unit Comments 248337 668,233 PARK CONSTRUCTION Asphalt Overlay Street Maintenance 2016 Bituminous overlay 248275 443,258 ALLIED BLACKTOP CO Seal Coating Street Maintenance 2016 Sealcoat project 1014982 348,910 ODESA II LLC Improvements to Land Capital Maint.&Reinvestment Staring Lake Play Areaa reno 1014912 346,976 MINNESOTA DIRT WORKS INC Improvements to Land Capital Impr/Maint Fixed Round Lake improvements 248731 311,946 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Sewer Utility-General Wastewater Fee September 5861 277,294 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes 248435 262,354 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums Sept2016 248483 261,102 RJ MARCO CONSTRUCTION INC Building Capital Impr/Maint Fixed Moss Maint.Outdoor storage 5869 258,521 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes 248456 223,993 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 1st and 2nd PC payment 248418 206,437 DUININCK INC Improvements to Land Park Acquisition&Development Recon.Soccer field Miller Park 248397 203,953 C S MCCROSSAN CONSTRUCTION INC Improvement Contracts Shady Oak Rd-CR 61 South Shady Oak Road 5867 159,531 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 1014853 158,777 XCEL ENERGY Electric City Hall-CAM Electric Bill multi locations 5859 157,068 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 248455 155,014 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Workers Comp Insurance 5856 112,870 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax July 2016 1014779 70,914 MIDWEST ASPHALT CORPORATION Other Contracted Services Park Acquisition&Dev Fixed A 1014931 66,673 XCEL ENERGY Electric Arts Center 1014919 52,890 SRF CONSULTING GROUP INC Design&Engineering Engineering 248319 52,406 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 248481 51,114 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment Plant 5875 48,078 US BANK Operating Supplies Utility Operations-General 1014903 44,620 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Shady Oak Rd-CR 61 South 248419 41,320 DULUTH COATING SOLUTIONS INC Other Contracted Services Fire Station#2 248724 38,403 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1014973 33,694 HANSEN THORP PELLINEN OLSON Other Contracted Services CIP Pavement Management 5864 32,386 SELECT ACCOUNT Other Deductions Health and Benefits 1014909 32,263 LOGIS Network Support IT Operating 248700 30,547 DERMCO-LAVINE CONSTRUCTION CO INC Building Materials Escrow 1014896 27,423 DIVERSE BUILDING MAINTENANCE Tenant 1-Janitor Service Prairie Village Liquor Store 1014770 26,153 DIVERSE BUILDING MAINTENANCE Tenant 1 -Janitor Service Prairie Village Liquor Store 248218 26,142 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 248751 24,749 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 248235 24,415 NORTHERN ESCROW INC Other Contracted Services Capital Maint.&Reinvestment 5863 21,771 EMPOWER Deferred Compensation Health and Benefits 248161 21,742 ABM ONSITE SERVICES-MIDWEST Janitor Service Utility Operations-General 248446 21,385 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 5871 21,230 EMPOWER Deferred Compensation Health and Benefits 248350 20,207 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 248344 19,712 RACHEL CONTRACTING LLC Improvement Contracts Storm Drainage 248326 19,681 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 248285 18,602 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 248478 18,072 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 248215 18,047 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1014817 17,695 WSB&ASSOCIATES INC Design&Engineering Capital Impr/Maint Fixed 248677 17,571 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 248163 17,561 ACCELERATED TECHNOLOGIES LLC Building CmtyCtr Pool Upgrade/Expansion Check# Amount Supplier/Explanation Account Description Business Unit Comments 248447 17,329 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 248488 17,016 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 248711 16,719 GRAYMONT Treatment Chemicals Water Treatment Plant 248308 16,560 GRAYMONT Treatment Chemicals Water Treatment Plant 1014922 16,559 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1014956 16,502 WERNER ELECTRIC SUPPLY CO. Equipment Parts Sewer Capital 248430 16,416 GRAYMONT Treatment Chemicals Water Treatment Plant 248254 16,334 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 248660 16,330 ABM ONSITE SERVICES-MIDWEST Janitor Service City Hall-CAM 5862 15,890 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1014995 15,606 VTI Other Assets Capital Maint.&Reinvestment 5870 15,365 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 248375 15,364 A P LAWN INC Improvement Contracts Shady Oak Rd-CR 61 South 1014989 14,950 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1014955 14,663 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 248431 14,610 GREAT PLAINS INSTITUTE Other Contracted Services Planning 5866 14,078 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 248479 14,030 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 1014988 13,553 STREICHERS Clothing&Uniforms Police 248317 12,799 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 248723 12,697 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 248265 12,413 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance 248202 12,399 GRAYMONT Treatment Chemicals Water Treatment Plant 1014846 11,967 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1014786 11,742 SRF CONSULTING GROUP INC Other Contracted Services CIP Trails 1014894 11,517 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment Plant 1014805 11,462 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 248411 11,406 COMMERCIAL ASPHALT CO Asphalt Overlay Storm Drainage 248244 11,405 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1014899 10,961 ESS BROTHERS&SONS INC Repair&Maint.Supplies Storm Drainage 248461 10,861 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 248441 10,613 HOUSE OF PRINT Printing Community Brochure 248684 10,478 BWS HEATING&AIR CONDITIONING Contract Svcs-HVAC Fire Station#1 1014789 9,904 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 248220 9,712 KLM ENGINEERING INC Design&Engineering Water Capital 248174 9,666 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 248286 9,658 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 1014830 9,491 HEWLETT-PACKARD COMPANY Computers IT Operating 248391 9,283 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 1014987 9,275 ST CROIX ENVIRONMENTAL INC Maintenance Contracts Water Treatment Plant 1014766 9,070 BIFFS INC Other Contracted Services Park Maintenance 1014904 8,744 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Acquisition&Dev Fixed A 248678 8,678 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 5865 8,603 SELECT ACCOUNT HSA-Employer Health and Benefits 5874 8,603 SELECT ACCOUNT HSA-Employer Health and Benefits 248490 8,105 SOUTHWEST SUBURBAN CABLE COMMISSION Dues&Subscriptions City Council 1014857 8,039 BRAUN INTERTEC CORPORATION Testing-Soil Boring CIP Pavement Management 248392 8,002 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 1014885 7,893 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 1014978 7,868 METRO SALES INCORPORATED* Equipment Rentals Elections 248390 7,860 BRAMAN SECURITY Supplies-General Bldg Fitness/Conference-Cmty Ctr 248340 7,723 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1014774 7,546 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comments 248742 7,482 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 248175 7,399 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 248261 7,345 THYMES TWO INC Contract Svcs-Lawn Maint. City Hall-CAM 248194 6,860 FIRE SAFETY USA INC Equipment Repair&Maint Fire 248287 6,840 CANADA GOOSE MANAGEMENT INC Other Contracted Services Storm Drainage 248495 6,488 SUMMIT COMPANIES Contract Svcs-Fire/Life/Sfty Fitness/Conference-Cmty Ctr 1014889 6,369 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 1014967 6,255 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 248224 6,116 LIFELINE INC Operating Supplies Police 248335 6,092 NEW LOOK CONTRACTING INC Improvement Contracts Improvement Projects 2006 248451 6,086 KELLY GREEN IRRIGATION Improvement Contracts Shady Oak Rd-CR 61 South 248278 6,035 ARVIG Other Contracted Services IT Operating 248349 5,841 SOCCER SHOTS Instructor Service Preschool Events 1014893 5,751 CDW GOVERNMENT INC. Computers IT Operating 248291 5,693 CLIMB THEATRE Other Contracted Services Arts 248715 5,589 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance 248207 5,577 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 248458 5,480 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 248361 5,434 TEAM LABORATORY CHEMICAL CORPORATION Repair&Maint.Supplies Sewer Liftstation 248267 5,400 VISUAL COMMUNICATIONS Other Contracted Services Economic Development Fund 248714 5,386 HAY DOBBS Other Contracted Services Planning 248729 5,345 LANO EQUIPMENT INC Equipment Parts Storm Drainage 248443 5,308 INTEGRITY REMODELING&DESIGN GROUP LLC Building Repair&Maint. Utility Operations-General 248264 5,269 UNITED STATES CONFERENCE OF MAYORS,THE Dues&Subscriptions City Council 1014916 5,231 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 248476 5,120 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 248366 4,992 VERIZON WIRELESS Other Contracted Services IT Operating 1014829 4,899 HAWKINS INC Treatment Chemicals Water Treatment Plant 248171 4,879 BMC SOFTWARE INC Software Maintenance IT Operating 248339 4,795 PCP INC Other Contracted Services Rehab 1014974 4,768 HAWKINS INC Treatment Chemicals Water Treatment Plant 248312 4,661 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 1014887 4,654 ADVANCED ENGINEERING&ENVIRONMENTAL SE Design&Engineering Sewer Liftstation 1014752 4,557 INTEREUM INC Building CmtyCtr Pool Upgrade/Expansion 248687 4,283 CEMSTONE PRODUCTS COMPANY Building Materials Water System Maintenance 248330 4,275 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 1014815 4,259 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 1014898 4,192 ENVIRONMENTAL PROCESS INC Other Contracted Services Facilities Capital 1014793 4,062 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Fire 248377 4,020 ABM ONSITE SERVICES-MIDWEST Janitor Service Utility Operations-General 248743 4,000 POISTER ALLISON Other Contracted Services Outdoor Center 1014906 3,996 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 248277 3,985 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1014932 3,902 ZIEGLER INC Other Rentals Street Maintenance 1014953 3,864 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 248205 3,857 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance 1014831 3,788 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Round Lake 248176 3,745 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 248766 3,715 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 248503 3,647 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 248221 3,512 LANO EQUIPMENT INC Equipment Repair&Maint Fleet Operating 248734 3,445 MRPA Conference/Training Parks Administration 248668 3,445 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 1014865 3,408 GUNNAR ELECTRIC CO INC Repair&Maint.Supplies Flying Cloud Fields 1014961 3,399 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage 248718 3,317 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 248181 3,309 CENTURYLINK Telephone Cummins Grill 248445 3,263 IZONE Signs Park Maintenance 248234 3,250 MOVEFWD INC Other Contracted Services Housing and Community Service 1014969 3,246 ESS BROTHERS&SONS INC Equipment Parts Storm Drainage 1014840 3,203 ON CALL SERVICES Operating Supplies Day Care 248484 3,203 SIGNSOURCE Capital Under$25,000 Concessions 248354 3,100 SPRINGSTED INCORPORATED Paying Agent Water Capital 1014796 3,082 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 248299 3,038 EHLERS&ASSOCIATES INC Other Contracted Services TIF-HO PROPERTIES 1014890 3,025 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 248367 3,000 WARNING LITES Asphalt Overlay Street Maintenance 1014852 2,975 WM MUELLER AND SONS INC Gravel Street Maintenance 248768 2,959 XCEL ENERGY Insurance Property Insurance 248701 2,950 DESERT SNOW Tuition Reimbursement/School Police 248311 2,930 HEALTHPARTNERS Health&Fitness Fire 248268 2,912 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1014996 2,860 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 248280 2,800 BAKER Other Contracted Services City Center Operations 248212 2,775 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 248314 2,765 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1014971 2,725 GENUINE PARTS COMPANY Repair&Maint.Supplies Fleet Operating 1014954 2,690 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 248381 2,687 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 248707 2,674 ENVIRONMENTAL EQUIPMENT&SERVICES Equipment Parts Fleet Operating 248439 2,664 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1014794 2,655 WALL TRENDS INC Other Contracted Services City Hall-CAM 248470 2,520 NATIONAL MARTIAL ARTS ASSOCIATION,INC Instructor Service Lesson Skills Development 248475 2,506 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 248395 2,501 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 248417 2,490 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 248666 2,470 AMERICAN TEST CENTER INC Equipment Testing/Cert. Fire 248712 2,439 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 248422 2,428 EDEN PRAIRIE SCHOOL Other Contracted Services Oak Point Operations 248338 2,365 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 248186 2,330 CONSTRUCTION MATERIALS INC Building Materials Capital Maint.&Reinvestment 248164 2,310 ALLIANT ENGINEERING INC Reimbursement-legal notices Escrow 1014864 2,245 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 248421 2,113 EDEN PRAIRIE ASSOCIATES LLC AR Utility Water Enterprise Fund 248347 2,088 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Park Acquisition&Development 248710 2,062 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Building City Center Operations 248769 2,054 XCEL ENERGY Other Contracted Services Transportation Fund 248754 2,036 SPORTS UNLIMITED Instructor Service Lesson Skills Development 248357 2,025 STRATEGIC INSIGHTS INC Software Maintenance IT Operating 248209 2,012 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 248160 1,986 M-R SIGN CO INC Signs Traffic Signs 248721 1,952 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 248226 1,950 LUTHY SANDBLASTING&PAINTING INC Equipment Repair&Maint Fleet Operating 248252 1,939 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Street Maintenance 1014850 1,931 WALL TRENDS INC Contract Svcs-General Bldg Public Works/Parks 248749 1,890 SIR LINES-A-LOT Contracted Striping Traffic Signs Check# Amount Supplier/Explanation Account Description Business Unit Comments 1014924 1,884 US HEALTH WORKS MEDICAL GRP MN,PC Health&Fitness Fire 1014760 1,837 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 248193 1,834 EVENT SOUND&LIGHTING Other Rentals Summer Theatre 1014957 1,828 YOUNGSTEDTS COLLISION CENTER Insurance Property Insurance 248360 1,811 TASER INTERNATIONAL Training Supplies Police 248675 1,810 BLOOMINGTON,CITY OF Kennel Services Animal Control 248761 1,790 UNIVERSAL ATHLETIC SERVICES INC Awards Park Maintenance 1014842 1,779 POMP'S TIRE SERVICE INC Tires Fleet Operating 248241 1,765 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 248200 1,739 GENERAL REPAIR SERVICE Repair&Maint.Supplies Water Treatment Plant 248437 1,735 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimb-College Tuition Fire 1014788 1,735 STREICHERS Clothing&Uniforms Police 248698 1,720 CRETEX SPECIALTY PRODUCTS Repair&Maint.Supplies Sewer System Maintenance 1014983 1,634 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof Fire Station#1 1014958 1,634 ADVANCED ENGINEERING&ENVIRONMENTAL SE Design&Engineering Water Capital 1014767 1,609 CDW GOVERNMENT INC. Hardware-Other IT Operating 1014984 1,582 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Center Operations 248661 1,552 AD SOURCE Operating Supplies Special Initiatives 248228 1,535 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie Village Liquor Store 248393 1,520 BRICKS 4 KIDZ Instructor Service Camps 248740 1,503 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1014758 1,500 SWANK MOTION PICTURES INC Licenses,Permits,Taxes Staring Lake Concert 248170 1,476 BLUETRACK Fire Prevention Supp-Pub Ed/PR Fire 248378 1,474 AMERICAN ENGINEERING TESTING INC Testing-Soil Boring Shady Oak Rd-CR 61 South 1014801 1,457 ELLIS,ROBERT Tuition Reimbursement/School Organizational Services 248230 1,428 MINNESOTA PIPE AND EQUIPMENT* Repair&Maint.Supplies Sewer System Maintenance 248255 1,413 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 248166 1,411 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 248324 1,400 LIGHT,REGINA M Other Contracted Services Theatre Initiative 248494 1,395 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 248414 1,386 DAVANNI'S PIZZA Merchandise for Resale Safety Camp 1014882 1,373 VAN PAPER COMPANY Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 1014970 1,357 GARTNER REFRIGERATION&MFG INC Contract Svcs-Ice Rink Ice Arena Maintenance 1014828 1,354 GRAINGER Cleaning Supplies Senior Center 1014870 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 1014824 1,331 CENTERPOINT ENERGY Gas Cummins Grill 248182 1,324 CENTURYLINK Telephone IT Telephone 1014820 1,317 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1014849 1,315 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Fire 248388 1,303 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 248480 1,295 PRO POWER ELECTRIC Other Contracted Services TIF-EDEN SHORES SENIOR HOUSING 248468 1,289 MN DEPT OF TRANSPORTATION Testing-Soil Boring Traffic Signals 1014761 1,286 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 248368 1,283 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 248199 1,273 GENERAL REALTY LLC Reimbursement-legal notices Escrow 248396 1,259 BWBR Reimbursement-legal notices Escrow 248429 1,253 GRAFF KAREN Other Contracted Services TIF-EDEN SHORES SENIOR HOUSING 248428 1,242 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 248239 1,242 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 248180 1,227 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 248348 1,222 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 5857 1,220 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 248248 1,208 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Hall-CAM Check# Amount Supplier/Explanation Account Description Business Unit Comments 248288 1,194 CEMSTONE PRODUCTS COMPANY Building Materials Storm Drainage 5873 1,192 SELECT ACCOUNT Other Contracted Services Health and Benefits 248436 1,185 HENNEPIN COUNTY UT DEPT Equipment Repair&Maint Public Safety Communications 248310 1,173 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance 248491 1,159 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 248364 1,133 US BANK Interest Investment Fund 1014816 1,132 VINOCOPIA Liquor Product Received Prairie View Liquor Store 248736 1,125 NATIONAL MARTIAL ARTS ASSOCIATION,INC Instructor Service Lesson Skills Development 248697 1,120 COSTCO Employee Award Fire 1014873 1,110 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 248282 1,090 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police 248196 1,087 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 1014902 1,085 GRAINGER Repair&Maint.Supplies Park Maintenance 248469 1,081 NAC Contract Svcs-HVAC City Hall-CAM 1014773 1,079 GRANICUS INC Equipment Repair&Maint Cable PEG 248442 1,069 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 248352 1,067 SPIRIT APPAREL AND STUFF Clothing&Uniforms Day Camp 248440 1,050 HOME DEPOT CREDIT SERVICES Operating Supplies Park Shelters 248756 1,033 SUBURBAN CHEVROLET Equipment Parts Property Insurance 1014941 1,033 HACH COMPANY Laboratory Chemicals Water Treatment Plant 248452 1,031 KENDELL DOORS&HARDWARE INC Supplies-Security City Center Operations 1014921 1,028 STREICHERS Clothing&Uniforms Police 1014907 1,026 KIDCREATE STUDIO Instructor Service Arts Center 248374 1,017 M-R SIGN CO INC Other Revenue Historical Culture 248665 1,000 AMAZING ATHLETES OF SOUTHWEST METRO Instructor Service Preschool Events 1014977 978 MENARDS Repair&Maint.Supplies Outdoor Center 1014905 967 HORIZON COMMERCIAL POOL SUPPLY Repair&Maint.Supplies Round Lake 1014883 966 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 248195 958 FISHER SCIENTIFIC Laboratory Chemicals Water Treatment Plant 248353 947 SPOK,INC. Pager&Cell Phone IT Operating 1014751 946 HIRSHFIELD'S Repair&Maint.Supplies Water System Maintenance 1014867 920 HIRSHFIELD'S Repair&Maint.Supplies Water System Maintenance 248394 910 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Fitness/Conference-Cmty Ctr 248306 900 GILES OUTDOOR SERVICES LLC Landscape Materials/Supp Park Maintenance 1014756 882 R&R SPECIALTIES OF WISCONSIN INC Contract Svcs-Ice Rink Ice Arena Maintenance 1014928 876 WALL TRENDS INC Contract Svcs-General Bldg Fire Station#1 248185 875 COMPAS Other Contracted Services Staring Lake Concert 248492 875 SPECIALTY TURF&AG INC Landscape Materials/Supp Street Maintenance 248454 867 LANO EQUIPMENT INC Equipment Parts Fleet Operating 1014965 861 COMPRESSED AIR CONCEPTS LLLC Contract Svcs-General Bldg Public Works/Parks 248169 857 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 248313 855 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 248240 850 PARK CONSTRUCTION Deposits Escrow 1014772 837 GRAINGER Supplies-HVAC Utility Operations-General 1014990 829 TWIN CITY SEED CO Landscape Materials/Supp Storm Drainage 1014762 822 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 1014935 821 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 248274 820 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 1014836 789 MENARDS Operating Supplies Fleet Operating 248473 782 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance 248213 780 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 248379 767 AMERIPRIDE LINEN&APPAREL SERVICES Operating Supplies-Linens Den Road Liquor Store 1014771 760 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comments 248217 757 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment Plant 248674 754 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 248434 748 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Sewer System Maintenance 248359 741 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 248386 741 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie View Liquor Store 1014800 740 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 1014876 736 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Pool Maintenance 248304 735 FOUR ACE PRODUCTIONS Instructor Service Safety Camp 248415 726 DEPARTMENT OF CORRECTIONS Other Contracted Services Park Maintenance 248351 724 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 248752 724 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 248253 720 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 1014782 713 POMP'S TIRE SERVICE INC Tires Fleet Operating 248500 712 WARNING LITES Other Contracted Services Improvement Projects 2006 1014910 710 MENARDS Operating Supplies Street Maintenance 248691 704 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 248295 700 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 248502 700 WEBER MICHAEL City Building Rental City Hall-Direct Costs 248316 699 INDOFF INCORPORATED Office Supplies Customer Service 248385 691 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 248689 689 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Prairie Village Liquor Store 248269 688 GIBRALTAR TITLE AGENCY AR Utility Water Enterprise Fund 1014959 687 AMERICAN TIME&SIGNAL CO Supplies-General Bldg Fitness/Conference-Cmty Ctr 1014783 685 PRAIRIE ELECTRIC COMPANY Contract Svcs-Ice Rink Concessions 248283 684 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 248300 638 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Police 248474 634 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 1014901 629 FASTSIGNS Printing Theatre Initiative 1014992 628 US HEALTH WORKS MEDICAL GRP MN,PC Health&Fitness Fire 248496 622 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 248402 621 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 248380 616 AQUA ENGINEERING INC Maintenance Contracts Utility Operations-General 248249 614 RETROFIT COMPANIES,INC,THE Contract Svcs-Electrical City Hall-CAM 1014962 614 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1014866 612 HACH COMPANY Laboratory Chemicals Water Treatment Plant 248298 611 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1014927 611 VISTAR CORPORATION Merchandise for Resale Concessions 1014981 610 NUCO2 INC Supplies-Pool Pool Maintenance 248679 608 BRICKS 4 KIDZ Instructor Service Lesson Skills Development 248168 600 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 248384 600 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 248432 598 GREEN MEADOWS INC Other Contracted Services Park Maintenance 248690 588 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 248765 572 WELSH COMPANIES Other Contracted Services Police City Center 248764 570 WATER CONSERVATION SERVICES INC Other Contracted Services Water System Maintenance 1014972 569 GRAINGER Supplies-HVAC Utility Operations-General 1014930 568 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 1014892 567 BOYER TRUCKS Equipment Parts Fleet Operating 248341 566 PLASTIC BAG MART Liquor Product Received Den Road Liquor Store 248216 561 JOHN A DALSIN&SON INC Contract Svcs-Roof City Hall-CAM 248272 558 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. City Hall-CAM 1014939 556 FASTENAL COMPANY Equipment Parts Fleet Operating 248706 553 ENKI BREWING COMPANY INC Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 1014929 549 WATSON CO INC,THE Merchandise for Resale Concessions 248225 547 LIFETOUCH INC Outside Water Sales Escrow 1014814 543 THE OASIS GROUP Employee Assistance Organizational Services 1014778 541 METRO SALES INCORPORATED* Equipment Rentals IT Operating 248554 536 WINDHORST WILLIAM&MARIE AR Utility Water Enterprise Fund 248183 531 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 248294 531 DB SHOGER&ASSOCIATES LLC Small Tools Fleet Operating 248416 529 DISPLAY SALES Supplies-General Bldg City Hall-CAM 1014933 527 ROSE,ALECIA Travel Expense Human Resources 248460 524 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 248372 500 MCLEOD COUNTY SHERIFFS DEPT. Deposits Escrow 248412 500 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery 248463 500 MARTIN-MCALLISTER Employment Support Test Organizational Services 248465 500 MAYASICH PAUL Other Contracted Services Staring Lake Concert 248507 500 WRIGHT ELISA Other Contracted Services Staring Lake Concert 1014952 500 SWANK MOTION PICTURES INC Licenses,Permits,Taxes Staring Lake Concert 248735 499 NAFA Dues&Subscriptions Fleet Operating 1014856 499 BOUNDLESS NETWORK Clothing&Uniforms Facilities Staff 248662 490 ADAM BETTCHER PHOTOGRAPHY Clothing&Uniforms Reserves 1014775 490 JEFFERSON FIRE&SAFETY INC Operating Supplies Fire 248318 490 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment Plant 1014827 488 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM 1014920 486 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Communications 248423 484 ELEMENT MATERIALS TECHNOLOGY Building Capital Impr/Maint Fixed 248493 481 STAPLES ADVANTAGE Office Supplies Customer Service 248472 470 ORGANIX SOLUTIONS Waste Disposal City Center Operations 248750 470 SITEONE LANDSCAPE SUPPLY,LLC Landscape Materials/Supp Staring Lake 248726 467 KEEPRS INC. Clothing&Uniforms Fire 248758 464 TURFWERKS Equipment Parts Fleet Operating 248730 463 LINDSTROM CLEANING&CONSTRUCTION INC Equipment Repair&Maint Police 1014913 460 MINNESOTA EQUIPMENT Tires Fleet Operating 248258 454 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 248362 445 TURFWERKS Equipment Parts Fleet Operating 248703 445 E A SWEEN COMPANY Merchandise for Resale Concessions 1014802 442 FASTENAL COMPANY Equipment Parts Fleet Operating 1014880 437 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 248331 432 MINNESOTA WANNER COMPANY Equipment Parts Snow&Ice Control 248720 428 HYDRO KLEAN Repair&Maint.Supplies Water System Maintenance 1014839 427 NUCO2 INC Supplies-Pool Pool Maintenance 248257 425 STROHMYER,TOM Other Contracted Services Staring Lake Concert 248664 423 AERO DRAPERY AND BLIND Supplies-General Bldg Fitness/Conference-Cmty Ctr 1014872 419 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 248699 418 DAVE SCOTT'S SOD FARM Landscape Materials/Supp Capital Maint.&Reinvestment 1014868 417 IRMITER,JESSE Travel Expense Police 248685 416 CALIFORNIA CONTRACTORS SUPPLIES INC Clothing&Uniforms Utility Operations-General 248399 415 CAMPION,BARROW&ASSOCIATES Employment Support Test Fire 248315 414 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1014975 412 J&D WINDOW CLEANING Janitor Service-General Bldg Prairie Village Liquor Store 1014951 409 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 248498 407 UNIFORMS UNLIMITED Clothing&Uniforms Police 248499 407 VAISALA Other Contracted Services Snow&Ice Control 248427 406 GENERAL REPAIR SERVICE Repair&Maint.Supplies Water Treatment Plant 1014797 403 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Outdoor Center Facilities Check# Amount Supplier/Explanation Account Description Business Unit Comments 248453 400 LAKELAND ENGINEERING EQUIP CO Equipment Repair&Maint Purgatory Creek Park 1014888 400 AMERITRAK Other Contracted Services Snow&Ice Control 1014768 395 CENTERPOINT ENERGY Gas Sewer Liftstation 248400 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 248192 387 ENKI BREWING COMPANY INC Liquor Product Received Prairie Village Liquor Store 248325 384 MEREDITH,EILEEN Other Contracted Services Rehab 248688 383 CENTURYLINK Telephone IT Telephone 1014804 380 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1014891 379 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 248371 375 KLIMA,JULIE Deposits Escrow 248413 375 DAKOTA COUNTY TECHNICAL COLLEGE Tuition Reimbursement/School Police 1014979 372 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1014781 370 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 1014764 368 A-SCAPE INC Contract Svcs-Lawn Maint Arts Center 248345 366 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 248426 360 FIRE SAFETY USA INC Equipment Repair&Maint Public Safety Communications 1014844 354 SPS COMPANIES Supplies-HVAC City Hall-CAM 248644 353 TITLE WATERMARK AGENCY AR Utility Water Enterprise Fund 1014765 353 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 248179 352 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Organizational Services 1014847 350 TOTAL FILTRATION SERVICES INC Supplies-HVAC City Hall-CAM 248188 350 Dengel Jana L Instructor Service Safety Camp 248702 350 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 248273 347 ACROSS THE STREET PRODUCTIONS Tuition Reimb-College Core Fire 248553 344 WINDELS,ROBERT AR Utility Water Enterprise Fund 248262 338 TURFWERKS Equipment Parts Fleet Operating 248263 338 UNIFORMS UNLIMITED Operating Supplies Police 1014976 335 LOFFLER COMPANIES INC Hardware-Rpr&Mtc IT Operating 1014757 335 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 1014811 334 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 1014791 332 TWIN CITY SEED CO Landscape Materials/Supp Community Center 248219 326 KEEPRS INC. Clothing&Uniforms Police 1014832 325 IDEAL SERVICE INC Maintenance Contracts Water Wells 248676 325 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 1014937 321 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 1014746 319 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 1014911 319 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1014908 316 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 1014938 312 BOUNDLESS NETWORK Operating Supplies Ice Operations 1014777 305 MENARDS Equipment Parts Water Treatment Plant 248682 302 BROWN,KEVIN Clothing&Uniforms Escrow 248327 302 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie View Liquor Store 248231 300 MINNESOTA POLICE&PEACE OFFICERS ASSOC Tuition Reimbursement/School Police 248302 300 EURO C MARKETING LLC Other Contracted Services Environmental Education 248459 300 LOAD'EM UP TRAILERS RENTAL AND SALES Other Rentals Elections 248369 289 WORKS COMPUTING INC Hardware-Rpr&Mtc IT Operating 1014795 288 WATSON CO INC,THE Merchandise for Resale Concessions 1014790 288 TWIN CITY FILTER SERVICE INC Building Repair&Maint. Utility Operations-General 1014968 287 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1014993 286 USA SECURITY Maintenance Contracts Water Treatment Plant 248232 286 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 248203 286 HAWK LABELING SYSTEMS Operating Supplies Community Center Admin 248501 277 WATER CONSERVATION SERVICES INC OCS-Utility Locates Water System Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comments 248191 275 E A SWEEN COMPANY Merchandise for Resale Concessions 1014776 272 LOCATORS&SUPPLIES INC Operating Supplies Park Maintenance 248755 272 STAPLES ADVANTAGE Office Supplies Customer Service 248190 268 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 248745 267 PROP-DO NOT USE United Way Withheld Health and Benefits 1014918 257 REINDERS INC Chemicals Miller Park 1014854 255 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 248489 255 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 248486 252 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Street Maintenance 248746 252 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 248260 251 SUMMIT COMPANIES Contract Svcs-Fire/Life/Safe Fire Station#1 1014822 248 CBIZ BENEFITS&INSURANCE SERVICES INC Other Contracted Services Organizational Services 1014949 244 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 248233 241 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 248744 240 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 248511 239 DENNISON MATTHEW AR Utility Water Enterprise Fund 248165 237 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 248189 232 DNR Clothing&Uniforms Theatre Initiative 248450 232 KEEPRS INC. Clothing&Uniforms Fire 248696 231 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld Health and Benefits 248659 225 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 248680 225 BRO-TEX INC Operating Supplies Fleet Operating 1014851 224 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 248448 224 JOHNSON,PHILLIP Training Supplies Police 248256 221 STAPLES ADVANTAGE Office Supplies Customer Service 248658 220 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 248222 217 LARABEE,ELAINE Refunds Environmental Education 248223 217 LARSON BRAD Refunds Environmental Education 248289 216 CENTURYLINK Telephone IT Telephone 248516 215 GROVES SUSAN AR Utility Water Enterprise Fund 5872 214 OPTUM HEALTH Other Contracted Services Health and Benefits 248672 213 BEARPATH GOLF AND COUNTRY CLUB Outside Water Sales Escrow 248464 211 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 248517 210 HAUSBACK PETER&GERILYN AR Utility Water Enterprise Fund 248276 206 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 1014874 202 MPX GROUP,THE Printing Police 1014747 200 CLAREY'S SAFETY EQUIPMENT Equipment Repair&Maint Emergency Preparedness 1014843 199 SHI CORP Software Maintenance IT Operating 248477 199 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 248296 197 DIRECTV Cable TV Community Center Admin 248211 196 HYDRO KLEAN Repair&Maint.Supplies Water System Maintenance 248671 195 BATTLE LAKE SENIOR CARD PROJECT Supply-Greeting Cards Senior Board 248270 195 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 248370 194 ZEE MEDICAL SERVICE Safety Supplies Pool Operations 1014809 194 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 248686 192 CARSELLO DANIEL AR Utility Water Enterprise Fund 248552 192 WILCOX,JOHN AR Utility Water Enterprise Fund 1014744 192 BOUNDLESS NETWORK Operating Supplies Ice Operations 248449 190 KAISER,DAVID S Equipment Repair&Maint Fitness Center 248251 189 SIGNSOURCE Supplies-Electrical Pool Maintenance 248727 188 KELLY GREEN IRRIGATION Other Contracted Services Capital Maint.&Reinvestment 248246 187 PIRTEK PLYMOUTH Equipment Repair&Maint Sewer System Maintenance 248603 185 KHAN SHAISTA AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 248683 183 BUEHL,BARBARA Deposits Escrow 248648 182 WACHUTKA ALAN AR Utility Water Enterprise Fund 248582 182 GILHOI ERICK AR Utility Water Enterprise Fund 248198 181 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 248323 181 LANO EQUIPMENT INC Equipment Parts Fleet Operating 248741 180 PEREZ-HIPPIE KAREN Deposits-P&R Refunds Community Center Admin 1014799 175 CARLSTON,BRANDON Training Supplies Police 1014944 173 LINDAHL,DAVID Travel Expense Economic Development 1014759 172 TYRA-LUKENS,NANCY Mileage&Parking City Council 1014877 168 PROSOURCE SUPPLY Cleaning Supplies Ice Arena Maintenance 248527 167 MONTGOMERY MICHAEL&SALLIE AR Utility Water Enterprise Fund 1014917 164 PREMIUM WATERS INC Operating Supplies-Water Fire 248709 162 FLEET MAINTENANCE INC Equipment Parts Fleet Operating 1014900 162 FACTORY MOTOR PARTS COMPANY Lubricants&Additives Fleet Operating 248438 162 HENNEPIN COUNTY RESIDENT&REAL ESTATE Other Contracted Services Engineering 248565 160 BRANDT CHRIS AR Utility Water Enterprise Fund 1014798 160 BERRY COFFEE COMPANY Merchandise for Resale Concessions 248725 157 JOHNSON RACHELLE Deposits Escrow 248624 155 PRATHUM BURRAPA AR Utility Water Enterprise Fund 248321 155 KAISER,DAVID S Equipment Repair&Maint Fitness Center 248667 155 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 248719 154 HOME TITLE AR Utility Water Enterprise Fund 1014923 152 TWIN CITY FILTER SERVICE INC Building Repair&Maint. Utility Operations-General 248757 151 TKO WINES,INC Liquor Product Received Prairie Village Liquor Store 248600 151 KANE PATRICK AR Utility Water Enterprise Fund 248733 150 MINNESOTA POLICE&PEACE OFFICERS ASSOC Tuition Reimbursement/School Police 1014925 150 USA SECURITY Maintenance Contracts Water Treatment Plant 248444 149 IPMA-HR Dues&Subscriptions Human Resources 248410 146 COMCAST Equipment Repair&Maint E-911 Program 1014841 145 OSI BATTERIES INC Operating Supplies Traffic Signals 248178 145 C S MCCROSSAN CONSTRUCTION INC Fire Hydrant Permits Escrow 248355 145 STAPLES ADVANTAGE Office Supplies Customer Service 1014963 144 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 248162 144 ABSOLUTE RAIN INC. Contract Svcs-Lawn Maint. Fire Station#1 248462 144 MARCO INC Operating Supplies IT Telephone 248322 140 KNOX COMPANY Small Tools Fire 248373 140 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 248482 140 RICK'S PLUMBING SERVICES LLC Equipment Repair&Maint Water System Maintenance 248574 140 EDINA REALTY AR Utility Water Enterprise Fund 1014741 138 BERRY COFFEE COMPANY Merchandise for Resale Concessions 248497 135 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 1014895 132 CONCRETE CUTTING&CORING INC Equipment Parts Fleet Operating 248363 131 UNIFORMS UNLIMITED Clothing&Uniforms Police 248704 130 EARL F ANDERSEN INC Signs Traffic Signs 248623 130 OSHAUGHNESSY MICHAEL AR Utility Water Enterprise Fund 248167 128 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating 248738 128 OLSON,ROBERT Mileage&Parking Police 248548 126 VIVAS,LEONARDO AR Utility Water Enterprise Fund 1014750 126 GEHRING CRYSTAL Mileage&Parking Park Maintenance 248510 125 CHAUDHRI AKHTAR AR Utility Water Enterprise Fund 248365 125 VAN NORDEN JESSE Refunds Environmental Education 1014934 125 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr 248533 125 PILGRIM CINDY AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 248177 124 BUDZINSKI TODD Deposits-P&R Refunds Community Center Admin 248487 124 SONG YOUNGHEE Deposits-P&R Refunds Community Center Admin 248307 122 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 1014821 121 BOYER TRUCKS Equipment Parts Fleet Operating 248656 121 ZILLMER ERIC AR Utility Water Enterprise Fund 248628 120 RECTOR,ALLEN AR Utility Water Enterprise Fund 248238 120 OFFICE OF THE SECRETARY OF STATE Licenses&Taxes Police 248271 120 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 248737 120 OFFICE OF THE SECRETARY OF STATE Licenses&Taxes Police 248407 119 COMCAST Cable TV Fire 5858 116 VANCO SERVICES Miscellaneous Community Center Admin 248506 115 WORKS COMPUTING INC Software and Hardware IT Capital 1014997 114 XCEL ENERGY Electric Traffic Signals 248172 114 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 1014780 114 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 248635 113 SKONIECZNY KATHLEEN AR Utility Water Enterprise Fund 248544 112 STRAIGHT,AMY AR Utility Water Enterprise Fund 1014878 110 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 248673 110 BENGSTON,LISA Deposits Escrow 248663 108 ADAMS,SCOT Deposits Escrow 248558 107 ANDERSON DAN AR Utility Water Enterprise Fund 1014742 107 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 248566 107 BUSHMAN KOREY AR Utility Water Enterprise Fund 248722 106 J P COOKE CO,THE Operating Supplies Engineering 1014838 106 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 1014980 106 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 248567 105 CASTROVINCI ADRIENNE AR Utility Water Enterprise Fund 248753 105 SPORTS PRO LLC Equipment Repair&Maint Police 1014994 104 VIKING ELECTRIC SUPPLY Repair&Maint.Supplies Park Maintenance 248214 104 J H LARSON COMPANY Repair&Maint.Supplies Staring Lake 248601 103 KANGAS BRIAN AR Utility Water Enterprise Fund 248424 102 ENVIRONMENTAL EQUIPMENT&SERVICES Equipment Parts Fleet Operating 248305 101 GARTNER SUSAN Deferred Revenue Housing Inspections 248647 100 VIESSMAN,DAN AR Utility Water Enterprise Fund 248197 100 FRANCIS DAVE Refunds Environmental Education 248206 100 HENGEN LINDA Refunds Environmental Education 248236 100 NUMEDAHL,SCOTT Refunds Environmental Education 248245 100 PHILLIPS,PRESCOTT Refunds Environmental Education 248297 100 DOBREV DIMITAR Refunds Environmental Education 248387 100 BEND IN THE RIVER BIG BAND Other Contracted Services Staring Lake Concert 248466 100 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses,Permits,Taxes Public Works/Parks 248569 100 CHILDS,DOUG AR Utility Water Enterprise Fund 248762 100 URBAN LAND INSTITUTE Dues&Subscriptions Community Development Admin. 248763 100 VISEE NICOLE Refunds Environmental Education 1014914 100 MINNESOTA RECREATION&PARK ASSOCIATION Employment Advertising Organizational Services 1014945 99 MEIER MARK Mileage&Parking Safety Camp 248433 98 GS DIRECT Operating Supplies Engineering 248612 98 M W AROCKIASAMY AR Utility Water Enterprise Fund 1014966 97 CONCRETE CUTTING&CORING INC Equipment Parts Fleet Operating 248575 97 EDWARDS MITCH AR Utility Water Enterprise Fund 1014985 96 SHERWIN WILLIAMS CO Repair&Maint.Supplies Park Maintenance 1014743 96 BLUHM,ELLEN ELIZABETH Mileage&Parking Therapeutic Rec Admin 248471 96 NORTH CENTRAL BUS AND EQUIPMENT CO.INC Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 1014835 96 KUSTOM SIGNALS INC Equipment Repair&Maint Police 1014803 96 GAEBEL KELLY Mileage&Parking Concessions 1014748 95 DAVIS,HEATHER Mileage&Parking Youth Programs Admin 1014861 93 FICCADENTI,JENNY Travel Expense Police 1014862 93 r1ETEK,CHRIS Travel Expense Police 1014863 93 GRAETZ LINDA Travel Expense Police 1014869 93 KUFFEL,RYAN Travel Expense Police 1014879 93 SCHMIDT,MATT Travel Expense Police 1014886 93 WHITE,KEVIN Travel Expense Police 248514 92 ERRINGTON STEVEN&LAURA AR Utility Water Enterprise Fund 248748 90 SHRED RIGHT Waste Disposal City Center Operations 248425 90 ERGOMETRICS Employment Support Test Organizational Services 248627 90 RANDALL ROBERT AR Utility Water Enterprise Fund 248389 90 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 248523 89 LEPPER RYAN&DIANA AR Utility Water Enterprise Fund 248626 89 RACHIE PAUL AR Utility Water Enterprise Fund 248358 89 SUMMIT COMPANIES Contract Svcs-Fire/Life/Safe Den Road Liquor Store 248336 88 NORTHERN STAR COUNCIL Operating Supplies Teen Programs 1014858 87 CARLSON,KEVIN Mileage&Parking Water Treatment Plant 248654 87 YOUNG ROBERT AR Utility Water Enterprise Fund 248382 87 ASPEN MILLS Clothing&Uniforms Fire 248405 86 COMCAST Cable TV Fire 248227 85 METRO LEGAL SERVICES INC Legal Legal Council 1014948 85 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Public Works/Parks 248693 85 COMCAST Cable TV Fire 1014754 84 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 248208 83 HENNEPIN COUNTY MEDICAL CENTER EMS Supplies-EMS Supplies Fire 248717 83 HENNEPIN COUNTY MEDICAL CENTER EMS Supplies-Oxygen Supplies Fire 248279 83 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 248562 83 BLACKWELL ALAN AR Utility Water Enterprise Fund 248550 83 WALLACE DANIEL&KELLY AR Utility Water Enterprise Fund 248590 83 HOLBROOK ANDREA AR Utility Water Enterprise Fund 248266 82 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 1014940 82 GEHRING CRYSTAL Mileage&Parking Park Maintenance 1014745 82 CARLSTON,BRANDON Travel Expense Police 248529 81 NORDGREN ERIKA AR Utility Water Enterprise Fund 248607 81 LARSON CRAIG AR Utility Water Enterprise Fund 248201 81 GOLDEN VALLEY SUPPLY CO Supplies-General Bldg City Hall-CAM 1014755 80 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Hall-CAM 248728 80 KISLING TERRY Refunds Environmental Education 248760 78 UNITED WAY United Way Withheld Health and Benefits 248547 78 THOMPSON NATHAN AR Utility Water Enterprise Fund 1014871 77 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 248610 76 LOATS MICHAEL AR Utility Water Enterprise Fund 248457 75 LEAGUE OF WOMENS VOTERS-MEPH Deposits-P&R Refunds Community Center Admin 248243 75 PETSMART Canine Supplies Police 1014825 74 CONCRETE CUTTING&CORING INC Small Tools Street Maintenance 1014875 73 NIELSEN DAYNA Mileage&Parking Teen Programs 248525 73 LIEBERMAN DAVID&ALICE AR Utility Water Enterprise Fund 1014787 72 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General 1014855 71 BLUHM,ELLEN ELIZABETH Mileage&Parking Therapeutic Rec Admin 248343 70 QUALITY FORKLIFT SALES&SERVICE,INC Equipment Repair&Maint Fleet Operating 248420 69 EARL F ANDERSEN INC Signs Traffic Signs Check# Amount Supplier/Explanation Account Description Business Unit Comments 248608 69 LIESTER TAMI AR Utility Water Enterprise Fund 248564 69 BRADLEY BEV AR Utility Water Enterprise Fund 1014833 67 JANEX INC Janitor Service Fitness/Conference-Cmty Ctr 1014947 67 MPX GROUP,THE Printing Police 1014926 65 VIKING ELECTRIC SUPPLY Operating Supplies Park Maintenance 1014881 65 SMITH,KELLY Mileage&Parking Park Facilities 248556 64 ADAMS IDA AR Utility Water Enterprise Fund 248657 64 440400-NCPERS MINNESOTA PERA Health and Benefits 1014826 64 FEDEX Postage Human Resources 1014813 64 STOVRING,LESLIE Mileage&Parking Storm Drainage 248617 63 MISHRA LINGARAJ AR Utility Water Enterprise Fund 248618 63 MOORHEAD JOLENE AR Utility Water Enterprise Fund 248632 63 ROEDER LORI AR Utility Water Enterprise Fund 248485 63 SIGNSOURCE Office Supplies Administration 248639 62 SOMAYAJULA CHADRAMOULI AR Utility Water Enterprise Fund 1014897 62 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 248210 62 HUSSEIN MOHAMED Deposits-P&R Refunds Community Center Admin 248581 61 GIERTZ JAMES AR Utility Water Enterprise Fund 248247 60 PRAIRIE KITCHEN Merchandise for Resale Concessions 248593 60 INTERNATIONAL SOTHEBY'S REALTY AR Utility Water Enterprise Fund 1014884 60 VOSBEEK,PETER Clothing&Uniforms Police 248622 60 ONE TITLE INC AR Utility Water Enterprise Fund 248597 60 JOHNSTON,PHYLLIS AR Utility Water Enterprise Fund 1014950 59 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 1014936 59 BATTERIES PLUS Small Tools Prairie View Liquor Store 248576 58 FELDMAN DAVID AR Utility Water Enterprise Fund 1014943 58 KAPAUN,RYAN Mileage&Parking Police 248570 58 CHRISTOPHERSON JAMES AR Utility Water Enterprise Fund 248526 58 MOHR JOSHUA AR Utility Water Enterprise Fund 248585 58 HARBERT DAVID AR Utility Water Enterprise Fund 248301 58 ENR Dues&Subscriptions Engineering 248681 58 BROWN KORIE Deferred Revenue General Fund 248651 57 WARD RANDY AR Utility Water Enterprise Fund 1014859 57 DAVIS,HEATHER Mileage&Parking Youth Programs Admin 248561 56 BARTH ELIZABETH AR Utility Water Enterprise Fund 1014834 56 JEFFERSON FIRE&SAFETY INC Equipment Repair&Maint Fire 1014837 55 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 248342 54 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 248692 53 COMCAST Equipment Repair&Maint E-911 Program 248636 52 SMITH DENNIS AR Utility Water Enterprise Fund 248383 52 AVIAN ACRES Operating Supplies Outdoor Center 248592 52 HUSO GRACE AR Utility Water Enterprise Fund 248535 51 ROADFELDT MATT&JENNIFER AR Utility Water Enterprise Fund 248549 51 WAGH PRASAD AR Utility Water Enterprise Fund 248329 50 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 248173 50 BRAIN DAVID&JANE Refunds Environmental Education 248281 50 BAUTE BRADLEY&HARRIDAY SONJA Refunds Environmental Education 248716 50 HEILIG STEPHANIE Refunds Environmental Education 248521 50 LAWTON JOHN AR Utility Water Enterprise Fund 248250 50 ROSEMOUNT SAW&TOOL CO Equipment Repair&Maint Fleet Operating 248334 48 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police 248767 48 WINGS FINANCIAL CREDIT UNION Other Contracted Services Police 248540 46 SHAWD,JEFF&LYNETTE AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 248705 44 EDEN PRAIRIE FOUNDATION United Way Withheld Health and Benefits 248543 44 STAUDEMAYER ROBERT AR Utility Water Enterprise Fund 1014749 43 FASTENAL COMPANY Equipment Parts Fleet Operating 248572 42 DUNN DATHAN AR Utility Water Enterprise Fund 248713 42 HAWK LABELING SYSTEMS Operating Supplies Community Center Admin 248513 41 EIDEN NICK AR Utility Water Enterprise Fund 248530 41 OPRISH NICHLAUS AR Utility Water Enterprise Fund 248573 41 DURHAM CAROLYN AR Utility Water Enterprise Fund 248333 40 MRPA Conference/Training Recreation Admin 1014806 39 HALBAKKEN ALYSHA Mileage&Parking Concessions 248732 39 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 248187 38 DB SHOGER&ASSOCIATES LLC Small Tools Fleet Operating 248309 38 GYM WORKS Equipment Repair&Maint Fitness Center 1014942 38 JOHNSTONE SUPPLY Supplies-HVAC Public Works/Parks 248599 37 JORDAN JENNIFER AR Utility Water Enterprise Fund 248571 37 DOUGLAS G EGAN AR Utility Water Enterprise Fund 248519 36 HEITZMAN CHRISTI AR Utility Water Enterprise Fund 1014991 36 UPS Other Revenue Fire 248694 36 COMCAST Cable TV Fire 1014792 35 UPS Postage Arts Center 248242 34 PEARSON,BARRY Refunds Environmental Education 248542 34 SPEARIN TODD AR Utility Water Enterprise Fund 248652 34 WIERSEMA CAROLYN AR Utility Water Enterprise Fund 248551 33 WESELY RICHARD&DIANE AR Utility Water Enterprise Fund 248320 32 JOHNSON,JAMES W Refunds Environmental Education 248229 30 MINNESOTA CITY/COUNTY MANAGEMENT ASSOCIA Dues&Subscriptions Administration 1014845 30 STREICHERS Clothing&Uniforms Police 1014860 30 FASTENAL COMPANY Repair&Maint.Supplies Water System Maintenance 248531 30 PADILLA MIGUEL AR Utility Water Enterprise Fund 248237 29 OFFICE OF MN IT SERVICES Other Contracted Services Police 248539 29 SEELYE MARK&BEATA AR Utility Water Enterprise Fund 248520 29 KUBICEK,MARY&DANIEL AR Utility Water Enterprise Fund 248621 29 OBRIEN ANDREW AR Utility Water Enterprise Fund 248512 29 EDINA REALTY RELOCATION AR Utility Water Enterprise Fund 1014785 28 SPRINT Computers IT Operating 1014986 28 SPRINT Computers IT Operating 248695 27 COMCAST Other Contracted Services Police 1014823 27 CDW GOVERNMENT INC. Hardware-Other IT Operating 248568 26 CHADWICK JANET AR Utility Water Enterprise Fund 248747 26 REGENTS OF THE UNIVERSITY OF MINNESOTA Other Contracted Services Animal Control 248609 26 LLC OSG, AR Utility Water Enterprise Fund 1014848 25 UPS Equipment Repair&Maint Utility Operations-General 248583 25 GOERS SANDRA AR Utility Water Enterprise Fund 248649 25 WANG LAN AR Utility Water Enterprise Fund 248739 25 PAULUS BRIAN Clothing&Uniforms Facilities Staff 248522 25 LEIFERMAN HAROLD&LILA AR Utility Water Enterprise Fund 1014812 24 STONEBROOKE Equipment Parts Fleet Operating 1014808 24 METROPOLITAN FORD Equipment Parts Fleet Operating 248643 24 SWAIM,GREG AR Utility Water Enterprise Fund 248398 23 CAMPBELL KNUTSON,P.A. Legal WAFTA 248615 23 MILLER BRITTANIE AR Utility Water Enterprise Fund 248376 23 AAA LAMBERTS LANDSCAPE PRODUCTS INC Landscape Materials/Supp Water System Maintenance 1014964 22 BOYER TRUCKS Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 248602 22 KARPINKO PAUL AR Utility Water Enterprise Fund 248604 22 KLEIN,TROY AR Utility Water Enterprise Fund 248528 22 MOORE MICHAEL AR Utility Water Enterprise Fund 248670 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 248505 22 WINSUPPLY EDEN PRAIRIE MN CO Equipment Repair&Maint Traffic Signals 248759 22 UNIFORMS UNLIMITED Clothing&Uniforms Police 248645 22 TITZE ERIC AR Utility Water Enterprise Fund 248633 21 ROESKE,EMMA AR Utility Water Enterprise Fund 248401 21 CLEAN N PRESS MTKA Clothing&Uniforms Police 248356 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 248588 21 HILTON PETER AR Utility Water Enterprise Fund 248642 20 STEWART,DOUGLAS AR Utility Water Enterprise Fund 248524 20 LESSER DIANA AR Utility Water Enterprise Fund 5860 20 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 5868 20 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 248616 20 MISCHKE DARVIN AR Utility Water Enterprise Fund 248631 20 ROCK MICHAEL AR Utility Water Enterprise Fund 248509 20 BERNARDI LUIGI AR Utility Water Enterprise Fund 248650 19 WARD BARBARA AR Utility Water Enterprise Fund 248589 19 HIPP PAUL AR Utility Water Enterprise Fund 248346 19 SCHINDEL MARY AR Utility Water Enterprise Fund 248563 19 BLOOMSTROM RYAN AR Utility Water Enterprise Fund 248536 19 ROBINSON MIHHAEL&DOLORES AR Utility Water Enterprise Fund 248537 18 SANDUM JOSEPH AR Utility Water Enterprise Fund 248292 18 COMCAST Cable TV Fire 248653 18 YOP CHU SON AR Utility Water Enterprise Fund 248655 17 ZERULL ALLAN AR Utility Water Enterprise Fund 248584 17 HALEY ANCHELA AR Utility Water Enterprise Fund 248596 17 JOHNSON LANCE AR Utility Water Enterprise Fund 1014915 17 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 248508 17 ANDERSON SHANNON AR Utility Water Enterprise Fund 248403 16 COMCAST Cable TV Fire 248404 16 COMCAST Cable TV Fire 248406 16 COMCAST Cable TV Fire 248409 16 COMCAST Cable TV Fire 248669 15 ASTBURY IAN R Deposits-P&R Refunds Community Center Admin 248606 15 KOCH CLARENCE JR AR Utility Water Enterprise Fund 248204 14 HAYEN,LINDA Operating Supplies Theatre Initiative 248646 14 TRIMBLE STEFANIE AR Utility Water Enterprise Fund 1014753 14 KRAEMERS HARDWARE INC Supplies-General Bldg Economic Development Fund 248580 14 GIBSON,STEVE AR Utility Water Enterprise Fund 248620 14 NATHE CURTIS AR Utility Water Enterprise Fund 248290 14 CLARKE SANDRA AR Utility Water Enterprise Fund 248708 13 FIRE SAFETY USA INC Equipment Parts Fleet Operating 248638 13 SOLIS JOHN AR Utility Water Enterprise Fund 248630 13 RICHARDSON DUANE AR Utility Water Enterprise Fund 248555 13 ZASLAVSKY LEONID AR Utility Water Enterprise Fund 248578 13 FRITZ LAURA AR Utility Water Enterprise Fund 248619 13 MOSKALIK MELISSA AR Utility Water Enterprise Fund 248557 13 ALLEMAN DOUG AR Utility Water Enterprise Fund 248640 12 SOVAK BRETT AR Utility Water Enterprise Fund 248629 12 RENZ BRIAN AR Utility Water Enterprise Fund 248605 12 KNUDTSON,STEVE AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 248637 11 SNOOK,JIM AR Utility Water Enterprise Fund 248284 11 BIESE GERALD AR Utility Water Enterprise Fund 248560 11 BALA RUPAK AR Utility Water Enterprise Fund 248641 11 STARNES JANE AR Utility Water Enterprise Fund 1014784 10 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 248467 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 248634 9 SCHNEIDER TERRANCE AR Utility Water Enterprise Fund 248559 9 ARMSTRONG MARK AR Utility Water Enterprise Fund 248546 9 SWANSON TOM AR Utility Water Enterprise Fund 248545 8 SWANSON JOHN AR Utility Water Enterprise Fund 248625 8 PRYCE CHRISTOPHER AR Utility Water Enterprise Fund 248611 8 LOPEZ NICHOLAS AR Utility Water Enterprise Fund 248613 8 MALLOY KEVIN AR Utility Water Enterprise Fund 248332 8 MITCHELLETTE ERIC AR Utility Water Enterprise Fund 248577 8 FOSTER TODD AR Utility Water Enterprise Fund 248534 8 PRICE CHRISTOPHER&BRENDA AR Utility Water Enterprise Fund 248518 8 HEGGESTAD,MARK AR Utility Water Enterprise Fund 248595 8 JOHNSON GARY C/O SEXTON&HEIM REALTY AR Utility Water Enterprise Fund 248579 8 GEIS KENDALL D AR Utility Water Enterprise Fund 248303 7 FISERV INC Bank and Service Charges Water Accounting 248532 7 PAGE JOHN AR Utility Water Enterprise Fund 248614 7 MARSHALL CARY AR Utility Water Enterprise Fund 248594 7 JAGER JENNIFER AR Utility Water Enterprise Fund 248541 6 SIEGERT SAMANTHA AR Utility Water Enterprise Fund 248538 6 SCHULTE AARON AR Utility Water Enterprise Fund 248515 6 GOLDEN BRIAN AR Utility Water Enterprise Fund 248598 6 JONES BUFF AR Utility Water Enterprise Fund 248591 6 HOTCHKISS ED AR Utility Water Enterprise Fund 248587 5 HILLEMAN ROBERT AR Utility Water Enterprise Fund 248586 5 HART THERESA AR Utility Water Enterprise Fund 1014946 5 METROPOLITAN FORD Equipment Parts Fleet Operating 248184 5 COMCAST Cable TV Fire 1014819 4 A TO Z RENTAL CENTER Equipment Parts Fleet Operating 248408 2 COMCAST Other Contracted Services Police 1014763 1 A TO Z RENTAL CENTER Equipment Parts Fleet Operating 6,818,731 Grand Total City of Eden Prairie Purchasing Card Payment Report 9/6/2016 Amount Explanation Vendor Account Description Business Unit 3,870.00 US-pool supplies KEY LOG ROLLING Operating Supplies Pool Operations 3,422.15 US-Junel6 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 1,830.00 US-investigative phone use CALLYO 2009 CORP Dues&Subscriptions Police 1,635.00 US-registraion-council members LEAGUE OF MINNESOTA CITIES Conference/Training City Council 1,294.00 US-mobile forensic software SUSTEEN INC Miscellaneous IT Operating 1,233.51 US-June16 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 895.64 US-quartermaster AMAZON.COM Operating Supplies Police 801.29 US-BBQ ANNIE'S CAFE Special Event Fees Senior Center Programs 787.81 US-automated skate sharpener SPARXHOCKEY.COM Capital Under$25,000 Ice Operations 650.00 US-Nlc Conf LEAGUE OF MINNESOTA CITIES Conference/Training City Council 639.05 US-freezer WEBSTAURANT STORE Capital Under$25,000 Concessions 613.10 US-delta refunds C#2016-29146 DELTA AIR Other Contracted Services Police 613.10 US-delta refunds C#2016-29146 DELTA AIR Other Contracted Services Police 553.45 US-C#2016-29146 U-HAUL Other Contracted Services Police 545.00 US-Getschow registration LEAGUE OF MINNESOTA CITIES Travel Expense Administration 497.00 US-July les mills SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes 497.00 US-august les mills SCW FITNESS Licenses,Permits,Taxes,Fees Fitness Classes 482.42 US-chairs for event COSTCO Operating Supplies Wine Club/Events 465.00 US-spouse registration(3)to b LEAGUE OF MINNESOTA CITIES Deposits Escrow 395.00 US-training DEFENSIVE EDGE TRAINING CORP Tuition Reimbursement/School Police 384.20 US-Tyra-Lukens CC-to be refund DELTA AIR Deposits Escrow 375.24 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 375.00 US-trng/tuition PAYPAL INC Tuition Reimbursement/School Police 375.00 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 350.00 US-elements training NOVOTX LLC Tuition Reimbursement/School Water Treatment Plant 349.80 US-quartermaster AMAZON.COM Operating Supplies Police 347.93 US-high view left station HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer Liftstation 345.61 US-Junel6 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund 342.60 US-2 weeks training meals GUEST SERVICE Travel Expense Fire 334.00 US-membership dues IABC Dues&Subscriptions Communications 325.35 US-anti-static bags,surge pro AMAZON.COM Operating Supplies Elections 315.00 US-adaptive TWINS BALLPARK Operating Supplies Therapeutic Rec Admin 313.33 US-council workshop food BAKERS'RIBS Miscellaneous City Council 300.00 US-2016 annual conf MINNESOTA STATE FIRE CHIEFS AS Conference/Training Fire 300.00 US-fire rescue conf WINGSPREAD GUESTHOUSE Travel Expense Fire 295.00 US-trng registration MINNESOTA SAFETY COUNCIL Conference/Training Human Resources 282.08 US-C#16-29146 U-HAUL Travel Expense Police 265.00 US-road permit-leak HENNEPIN COUNTY PUBLIC WORKS-F Legal Notices Publishing Water System Maintenance 255.00 US-wireless handset replacemen AMAZON.COM Operating Supplies IT Telephone 250.00 US-C#16-29146 DELTA AIR Travel Expense Police 250.00 US-C#16-29146 DELTA AIR Travel Expense Police 245.37 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 230.00 US-st conf trng-L Creamer MN HISTORICAL SOCIETY Conference/Training Heritage Preservation 225.00 US-MN GFOA annual conf GOVERNMENT FINANCE OFFICERS AS Conference/Training Finance 221.09 US-culvers dessert CULVER'S Special Event Fees Senior Board 219.00 US-APA membership AMERICAN PAYROLL ASSOCIATION Dues&Subscriptions Human Resources 214.25 US-classroom supplies TRIARCO Operating Supplies Arts Center 213.48 US-impact wrench HOME DEPOT CREDIT SERVICES Small Tools Sewer Liftstation 210.95 US-water rower monitors WATERROWER INC Equipment Repair&Maint Fitness Center Amount Explanation Vendor Account Description Business Unit 208.33 US-electrical/irr/baseline ril MENARDS Repair&Maint.Supplies Riley Lake 202.50 US-membership cards ID WHOLESALER Operating Supplies Community Center Admin 201.80 US-supplies WALMART COMMUNITY Operating Supplies Playgrounds 200.00 US-membership URBAN LAND INSTITUTE Dues&Subscriptions Community Development Admin. 196.88 US-squad testing AMAZON.COM Computers IT Operating 195.00 US-lifeguard safety equip LIFEGUARD STORE INC,THE Safety Supplies Pool Operations 190.19 US-aftercare art supplies BLICK ART MATERIALS Operating Supplies Arts 180.81 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 176.32 US-adult drawing kits BUCK ART MATERIALS Operating Supplies Arts Center 175.00 US-MNIAI conf PAYPAL INC Tuition Reimbursement/School Police 175.00 US-MNIAI conf PAYPAL INC Tuition Reimbursement/School Police 175.00 US-MNIAI conf PAYPAL INC Tuition Reimbursement/School Police 175.00 US-MNIAI conf PAYPAL INC Tuition Reimbursement/School Police 175.00 US-MNIAI conf PAYPAL INC Tuition Reimbursement/School Police 175.00 US-MNIAI conf PAYPAL INC Tuition Reimbursement/School Police 175.00 US-conf and training EVENTBRITE Tuition Reimbursement/School Police 171.00 US-CPR review-sr ctr staff AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Community Center Admin 171.00 US-lifeguard trng AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 165.60 US-ext cords/fan-elections AMAZON.COM Operating Supplies Elections 157.92 US-lessons supplies ADOLPH KIEFER&ASSOCIATES Operating Supplies Pool Lessons 157.65 US-playgrounds MENARDS Operating Supplies Playgrounds 157.00 US-LIT TWINS BALLPARK Operating Supplies Teen Programs 155.00 US-spouse registration(1)to b LEAGUE OF MINNESOTA CITIES Deposits Escrow 154.50 US-bank service chgs PLUG N PAY Bank and Service Charges Community Center Admin 153.75 US-M Bayer CC reimb-City Trend CRUMB GOURMET DELI Deposits Escrow 151.33 US-dolly ULINE Operating Supplies Fitness Center 151.07 US-supplies AMAZON.COM Operating Supplies Teen Programs 150.17 US-camera for boundary violati BEST BUY Operating Supplies Park Maintenance 150.00 US-recert fee HR CERTIFICATION INSTITUTE Dues&Subscriptions Human Resources 150.00 US-dvd's of seussical QUICKTURN DUPLICATION LLC Operating Supplies Summer Theatre 149.99 US-fan MILLS FLEET FARM Repair&Maint.Supplies Water Treatment Plant 149.93 US-observatory ORION TELESCOPES&BINOCULARS Capital Under$25,000 Park Acquisition&Development 148.43 US-anti-static bags,surge pro AMAZON.COM Operating Supplies Elections 145.64 US-cleaning supplies HOME DEPOT CREDIT SERVICES Cleaning Supplies Utility Operations-General 143.81 US-tools/supplies W W GRAINGER INC Repair&Maint.Supplies Utility Operations-General 143.44 US-C#16-29146 COMFORT SUITES Travel Expense Police 143.44 US-C#16-29146 COMFORT SUITES Travel Expense Police 141.86 US-supplies WALMART COMMUNITY Operating Supplies Youth Programs Admin 141.19 US-coffee COFFEE WHOLESALE Operating Supplies Senior Center Programs 140.00 US-workshop UNIVERSITY OF MINNESOTA Licenses,Permits,Taxes,Fees Park Maintenance 139.30 US-tools MENARDS Repair&Maint.Supplies Sewer System Maintenance 137.94 US-K9 Jace UNIVERSITY OF MINNESOTA,VMC Canine Supplies Police 136.20 US-brushes for hydrant paintin MENARDS Repair&Maint.Supplies Water System Maintenance 135.66 US-bank service chgs PLUG N PAY Bank and Service Charges Community Center Admin 135.00 US-CPR course AMERICAN RED CROSS Wages No Benefits Youth Programs Admin 135.00 US-CPR course AMERICAN RED CROSS Wages No Benefits Inclusion 130.38 US-office/art supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Day Care 129.92 US-supplies POPCO INC Operating Supplies Community Center Admin 128.62 US-carbiners for 4 gas REI Equipment Parts Emergency Preparedness 127.92 US-daytrippers meal GREEN MILL PLYMOUTH Special Event Fees Trips 127.52 US-supplies WALMART COMMUNITY Operating Supplies Day Camp 125.00 US-membership dues ISFSI Dues&Subscriptions Fire 125.00 US-youth addiction conf HAZELDEN BETTY FORD FOUNDATION Tuition Reimbursement/School Police Amount Explanation Vendor Account Description Business Unit 124.22 US-supplies REI Small Tools Fire 123.84 US-C#16-29146 COMFORT SUITES Travel Expense Police 123.84 US-C#16-29146 COMFORT SUITES Travel Expense Police 121.41 US-camps WALMART COMMUNITY Operating Supplies Youth Programs Admin 119.93 US-observatory ORION TELESCOPES&BINOCULARS Capital Under$25,000 Park Acquisition&Development 116.88 US-wasp/hornet killer HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 115.06 US-sod MUSTARD SEED Landscape Materials/Supp Capital Maint.&Reinvestment 112.11 US-ballfields MENARDS Operating Supplies Park Maintenance 112.00 US-paint brushes for hydes HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 111.14 US-mat rack AMAZON.COM Capital Under$25,000 Fitness Center 110.00 US-ups network card-epcc AMAZON.COM Equipment Repair&Maint IT Operating 109.00 US-supplies BFT LP Operating Supplies Community Center Admin 107.71 US-gator balls AMAZON.COM Operating Supplies Youth Programs Admin 105.00 US-rescue wipes RESCUE WIPES EMS Supplies Fire 103.92 US-fashion art camp JO-ANN FABRIC Operating Supplies Arts Center 102.00 US-radio antenna ends TESSCO INC Equipment Repair&Maint Public Safety Communications 100.00 US-M Bayer CC refund SENSIBLE LAND USE COALITION Deposits Escrow 98.54 US-mower parts M&M PRODUCTS AND SERVICES Equipment Parts Fleet Operating 98.40 US-memorial bench MENARDS Operating Supplies Park Maintenance 97.99 US-power cable adaptors-epcc AMAZON.COM Equipment Repair&Maint IT Operating 96.10 US-trash bags PLASTICPLACE.COM Operating Supplies Park Maintenance 96.09 US-food DAVANNI'S PIZZA Operating Supplies Safety Camp 95.00 US-lifeguard trng AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 94.63 US-EP n2u dinner CUB FOODS EDEN PRAIRIE Operating Supplies Fire 93.85 US-cables MY CABLE MART Miscellaneous IT Operating 92.00 US-fire code turbo tabs INTERNATIONAL CODE COUNCIL Operating Supplies Inspections-Administration 90.00 US-safety camp flags EXPRESSFLAGS.COM Operating Supplies Police 89.99 US-tennis TARGET Operating Supplies Tennis 89.84 US-beach supplies AMAZON.COM Operating Supplies Round Lake Beach 87.97 US-pistol case GLOCK PROFESSIONAL INC Training Supplies Police 87.50 US-toner LS1 AMAZON.COM Process Control Equipment IT Operating 86.27 US-laptop tray slide NPI/RAM MOUNTS Repair&Maint.Supplies Utility Operations-General 85.65 US-EPn2u bins TARGET Operating Supplies Police 85.37 US-set/props one acts HOME DEPOT CREDIT SERVICES Operating Supplies Theatre Initiative 84.08 US-sunshine fund-N White BACHMANS CREDIT DEPT Deposits Escrow 83.88 US-annual platinum membership PUNCHBOWL Operating Supplies Fire 83.42 US-drawing supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Arts Center 80.55 US-playgrounds WALMART COMMUNITY Operating Supplies Playgrounds 80.17 US-gator balls AMAZON.COM Operating Supplies Youth Programs Admin 77.98 US-wireless mouse and keyboard AMAZON.COM Computers IT Operating 76.42 US-wallplate HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water Treatment Plant 74.75 US-parts-PD RAVEON TECHNOLOGIES CORP Equipment Parts Fleet Operating 73.31 US-C#16-29146 LOAF AND JUG Travel Expense Police 72.39 US-drum for FS4 printer AMAZON.COM Process Control Equipment IT Operating 70.99 US-ink cartridge-engineering AMAZON.COM Process Control Equipment IT Operating 70.96 US-lifeguard safety equip PATTERSON MEDICAL Safety Supplies Pool Operations 70.58 US-tape for art camp HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center 69.20 US-eat wise and exercise value POSITIVE PROMOTIONS Operating Supplies Playgrounds 67.00 US-C#16-29146 KUM&GO Travel Expense Police 66.65 US-hydrant supplies MENARDS Repair&Maint.Supplies Water System Maintenance 64.99 US-forest hill tennis MENARDS Operating Supplies Park Maintenance 64.91 US-C#16-29146 EXXON Travel Expense Police 64.20 US-lifeguard awards CROWN TROPHY Employee Award Community Center Admin Amount Explanation Vendor Account Description Business Unit 63.89 US-C#16-29146 PILOT Travel Expense Police 62.99 US-webcam for epcc front desk AMAZON.COM Computers IT Operating 62.45 US-C#16-29146 LOFTE'S BAR AND GRILL Travel Expense Police 62.29 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 60.62 US-elections supplies MENARDS Operating Supplies Elections 60.53 US-meeting WILDFIRE Operating Supplies Fire 60.20 US-July FD trng food GINA MARIAS INC Training Supplies Community Center Admin 59.98 US-Round lake MENARDS Operating Supplies Round Lake 59.92 US-retaining wall block/adhesi MENARDS Operating Supplies Staring Lake 59.80 US-office supplies AMAZON.COM Office Supplies Police 57.96 US-bbq supplies PARTY CITY Special Event Fees Senior Board 56.69 US-fire truck fuel epn2u BP OIL Motor Fuels Fleet Operating 56.28 US-C#16-29146 LOVES COUNTRY Travel Expense Police 56.23 US-C#2016-29146 u haul fuel HENNENS AUTO SERVICE Operating Supplies Police 54.00 US-CPR course AMERICAN RED CROSS Conference/Training Community Center Admin 54.00 US-CPR course AMERICAN RED CROSS Wages No Benefits Day Care 53.19 US-café food KWIK TRIP STORES Merchandise for Resale Concessions 51.03 US-supplies for vandalism HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 50.94 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 50.85 US-supplies MENARDS Operating Supplies Playgrounds 50.09 US-trng KWIK TRIP STORES Conference/Training Community Development Admin. 50.00 US-seminar GOVERNMENT FINANCE OFFICERS AS Conference/Training Finance 50.00 US-C#16-29146 FORT UNION TOWNING Travel Expense Police 49.98 US-paddleboard anchors AUSTINKAYAK.COM Operating Supplies Specialty Fitness Programs 48.78 US-supplies for café HOCKENBERGS Operating Supplies Concessions 48.20 US-playgrounds MENARDS Operating Supplies Park Maintenance 47.89 US-candlewood trl project HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Capital Maint.&Reinvestment 47.52 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 46.54 US-C#16-29146 MSP AIRPORT Travel Expense Police 45.00 US-headset/charger AV NOW,INC Operating Supplies Fitness Classes 44.97 US-watering wands MENARDS Landscape Materials/Supp Park Maintenance 44.74 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 44.12 US-carnival WALMART COMMUNITY Operating Supplies Teen Programs 43.99 US-toner for LS3 AMAZON.COM Process Control Equipment IT Operating 43.96 US-new balls TENNIS WAREHOUSE Operating Supplies Gymnasium(CC) 43.89 US-ballfields HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 43.33 US-cleaning supplies MENARDS Cleaning Supplies Water Treatment Plant 42.00 US-observatory AMAZON.COM Capital Under$25,000 Park Acquisition&Development 41.98 US-gym AMAZON.COM Equipment Repair&Maint Police 41.97 US-beach supplies AMAZON.COM Operating Supplies Round Lake Beach 41.84 US-fuel for trip KWIK TRIP STORES Travel Expense Fire 41.40 US-elections supplies HOME DEPOT CREDIT SERVICES Operating Supplies Elections 41.15 US-supplies WALMART COMMUNITY Operating Supplies Youth Programs Admin 40.83 US-meals CULVER'S Operating Supplies Police 40.00 US-training SENSIBLE LAND USE COALITION Conference/Training Community Development Admin. 40.00 US-B Novak-Krebs luncheon SENSIBLE LAND USE COALITION Miscellaneous Community Development Admin. 39.99 US-woodshop belt cleaner GRIZZLY.COM Equipment Repair&Maint Senior Center Programs 39.96 US-art camp supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 39.62 US-playgrounds OFFICE DEPOT CREDIT PLAN Operating Supplies Playgrounds 37.67 US-beach supplies WALMART COMMUNITY Operating Supplies Round Lake Beach 37.55 US-door hanger bags PLASTIC BAG MART Repair&Maint.Supplies Water System Maintenance 37.54 US-hose for saw MENARDS Repair&Maint.Supplies Sewer System Maintenance 36.61 US-café food KWIK TRIP STORES Merchandise for Resale Concessions Amount Explanation Vendor Account Description Business Unit 36.43 US-glue sticks MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 35.00 US-EP chamber congressional ev PAYPAL INC Conference/Training Community Development Admin. 35.00 US-EP chamber congressional ev PAYPAL INC Conference/Training Community Development Admin. 35.00 US-July FD trng food GINA MARIAS INC Training Supplies Community Center Admin 34.31 US-forest hill tennis HOME DEPOT CREDIT SERVICES Operating Supplies Forest Hills Park 34.25 US-shipping material HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Public Safety Communications 33.98 US-firefighter functional fitn AMAZON.COM Operating Supplies Fire 33.49 US-carnival/camps WALMART COMMUNITY Operating Supplies Youth Programs Admin 33.43 US-set/props kids show MICHAELS-THE ARTS&CRAFTS S Operating Supplies Theatre Initiative 32.97 US-network switch&LAN AMAZON.COM Equipment Repair&Maint IT Operating 32.45 US-fingerprint supplies DACTEK Office Supplies Police 32.17 US-USB to ethernet OFFICE DEPOT CREDIT PLAN Miscellaneous IT Operating 32.14 US-shop/catch basin supplies MENARDS Repair&Maint.Supplies Sewer System Maintenance 32.08 US-tools MENARDS Small Tools Street Maintenance 31.93 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 31.47 US-critter food PETCO Operating Supplies Outdoor Center 31.39 US-set materials for kids show STUMPS Operating Supplies Theatre Initiative 30.44 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 30.41 US-kids camp supplies BLICK ART MATERIALS Operating Supplies Arts Center 29.99 US-battery for phone in eviden BATTERIES PLUS Miscellaneous IT Operating 29.99 US-ext cords/fan-elections AMAZON.COM Operating Supplies Elections 29.97 US-playgrounds WALGREEN'S#5080 Operating Supplies Playgrounds 29.85 US-City Trends luncheon CRUMB GOURMET DELI Conference/Training Planning 28.94 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 27.99 US-drawing supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 27.47 US-critter food PETCO Operating Supplies Outdoor Center 27.47 US-critter food PETCO Operating Supplies Outdoor Center 27.00 US-CPR course AMERICAN RED CROSS Conference/Training Fitness Admin. 26.94 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 25.97 US-supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Youth Programs Admin 25.00 US-HTCC subscription HIGH TECH CRIME CONSORTIUM Dues&Subscriptions Police 25.00 US-conf-Aditi E REPUBLIC INC Conference/Training IT Operating 25.00 US-parking MPLSPARKING.COM Mileage&Parking Therapeutic Rec Admin 25.00 US-parking MPLSPARKING.COM Mileage&Parking Camp at Community Center 24.97 US-Tyra-Lukens CC-to be refund TRAVEL INSURANCE Deposits Escrow 24.94 US-vacuum belts WALMART COMMUNITY Repair&Maint.Supplies Water Treatment Plant 24.78 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 24.75 US-irrigation MENARDS Operating Supplies Park Maintenance 24.43 US-pheasant woods WALGREEN'S#5080 Operating Supplies Pheasant Woods Park(Mitchell) 23.99 US-parts-PD AMAZON.COM Equipment Parts Fleet Operating 23.58 US-class supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 23.54 US-cleaner for floors HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Public Safety Communications 22.76 US-supplies PARTY CITY Operating Supplies Playgrounds 22.52 US-LTS name tags OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Lessons 21.95 US-usb 2.0 AMAZON.COM Computers IT Operating 21.89 US-forest hill tennis MENARDS Operating Supplies Park Maintenance 21.87 US-beach supplies WALGREEN'S#5080 Operating Supplies Round Lake Beach 21.57 US-beach supplies TARGET Operating Supplies Round Lake Beach 21.34 US-batteries/cleaning supplies TARGET Operating Supplies Day Care 20.99 US-mouse for dispatch AMAZON.COM Computers IT Operating 20.91 US-camp supplies HOME DEPOT CREDIT SERVICES Operating Supplies Playgrounds 20.06 US-office supplies TARGET Operating Supplies Senior Center Admin 20.00 US-staff uniform shirt EDEN PRAIRIE COMMUNITY CENTER Clothing&Uniforms Senior Board Amount Explanation Vendor Account Description Business Unit 20.00 US-script for 2017 musical MUSIC THEATRE INTERNATIONAL Other Rentals Summer Theatre 20.00 US-C#16-29146 ST PATRICKS TRANSPORTATION Mileage&Parking Police 20.00 US-membership USTA Dues&Subscriptions Tennis 20.00 US-membership USTA Dues&Subscriptions Tennis 20.00 US-supplies DOLLAR TREE STORES,INC. Operating Supplies Day Camp 19.99 US-movies in the park movie TARGET Operating Supplies Special Events Admin 19.95 US-epermit web security PAYPAL INC Equipment Repair&Maint IT Operating 19.90 US-City Trends luncheon CRUMB GOURMET DELI Conference/Training Community Development Admin. 19.90 US-café food KWIK TRIP STORES Merchandise for Resale Concessions 19.49 US-critter food PETCO Operating Supplies Outdoor Center 19.48 US-critter food PETCO Operating Supplies Outdoor Center 19.43 US-carnival AMAZON.COM Operating Supplies Youth Programs Admin 19.34 US-forest hill tennis HOME DEPOT CREDIT SERVICES Operating Supplies Forest Hills Park 19.29 US-swim lesson supplies WALGREEN'S#5080 Operating Supplies Pool Lessons 19.28 US-bulbs for RJB FRATTALLONE'S/MINNETONKA ACE Operating Supplies Theatre Initiative 19.28 US-bulbs for RJB FRATTALLONE'S/MINNETONKA ACE Operating Supplies Theatre Initiative 19.14 US-supplies WALMART COMMUNITY Operating Supplies Youth Programs Admin 19.00 US-hammerlind elec license DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Park Maintenance 19.00 US-cole elec license DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Park Maintenance 18.70 US-event wrap up meeting POPPED CORN Operating Supplies July 4th Celebration 18.68 US-election night food COSTCO Miscellaneous Elections 18.46 US-willow tennis HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 18.04 US-parts AMAZON.COM Equipment Parts Fleet Operating 18.00 US-tie dye supplies for camp CVS PHARMACY Operating Supplies Arts Center 17.99 US-ac adaptor for printer AMAZON.COM Operating Supplies Police 17.76 US-insect spray MENARDS Operating Supplies Park Maintenance 17.36 US-beach supplies WALGREEN'S#5080 Operating Supplies Riley Lake Beach 16.99 US-beach party supplies AMAZON.COM Operating Supplies Round Lake Beach 16.08 US-music streaming SPOTIFY Operating Supplies Community Center Admin 15.94 US-electrical MENARDS Operating Supplies Park Maintenance 15.24 US-meal TAVERN ON FRANCE Miscellaneous Community Development Admin. 15.00 US-EMT basic-A Marchand-Tauer NATIONAL REGISTRY OF EMTS Equipment Testing/Cert. Fire 15.00 US-recert fee NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 15.00 US-monthly luncheon GOVERNMENT FINANCE OFFICERS AS Conference/Training Finance 15.00 US-recert fee NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 15.00 US-recert fee NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 15.00 US-recert fee NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 15.00 US-recert fee NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 15.00 US-recert fee NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 15.00 US-recert fee NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 15.00 US-recert fee NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 15.00 US-recert fee NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 15.00 US-recert fee NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 15.00 US-recert fee NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 15.00 US-recert fee NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 15.00 US-recert fee NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 14.89 US-usb to ethernet AMAZON.COM Equipment Repair&Maint IT Operating 14.54 US-shop tools HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance 14.54 US-C#16-29146 Taco Bell Travel Expense Police 14.20 US-supplies for café FRATTALLONE'S/MINNETONKA ACE Operating Supplies Concessions 14.00 US-reserve calendar CALENDAR WIZ Clothing&Uniforms Reserves 13.98 US-youth socks TARGET Operating Supplies Community Center Admin 13.89 US-set items for kids show PARTY CITY Operating Supplies Summer Theatre Amount Explanation Vendor Account Description Business Unit 13.60 US-adaptor for ipad APPLE.COM Operating Supplies Den Road Liquor Store 13.58 US-adaptor for ipad APPLE.COM Operating Supplies Prairie Village Liquor Store 13.58 US-adaptor for ipad APPLE.COM Operating Supplies Prairie View Liquor Store 13.43 US-drinks for umps-high heat i KWIK TRIP STORES Operating Supplies Athletic Programs Admin 13.35 US-red oak lift station HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer Liftstation 13.25 US-C#16-29146 SUBWAY Travel Expense Police 12.95 US-tripod for epcc front desk AMAZON.COM Computers IT Operating 12.50 US-a swart NATIONAL STUDENT CLEARINGHOUSE Other Contracted Services Organizational Services 12.49 US-beach supplies WALGREEN'S#5080 Operating Supplies Riley Lake Beach 12.00 US-membership USTA Dues&Subscriptions Tennis 11.83 US-cables MY CABLE MART Miscellaneous IT Operating 11.00 US-gas#137 BP OIL Motor Fuels Fleet Operating 10.94 US-supplies POPCO INC Operating Supplies Community Center Admin 10.93 US-CERT group BBQ CUB FOODS EDEN PRAIRIE Operating Supplies Emergency Preparedness 9.95 US-City Trends luncheon CRUMB GOURMET DELI Conference/Training Economic Development 9.83 US-C#16-29146 SMITHS FOOD Travel Expense Police 9.57 US-shipment UNITED STATES POSTAL SERVICE Postage Utility Operations-General 9.18 US-wing nut-left station HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer Liftstation 9.00 US-adaptive camp bowling TUTTLE HOPKINS RECREATION INC Special Event Fees New Adaptive 8.75 US-kids camp supplies TARGET Operating Supplies Arts Center 8.56 US-drawing supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Arts Center 8.55 US-C#16-29146 MCDONALDS Travel Expense Police 8.50 US-t shirt SIGNATURE CONCEPTS INC. Program Fee Tennis 8.00 US-tape HOME DEPOT CREDIT SERVICES Operating Supplies Arts Center 7.95 US-cones AMAZON.COM Operating Supplies Youth Programs Admin 7.91 US-C#16-29146 MCDONALDS Travel Expense Police 7.74 US-playgrounds HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 7.36 US-C#16-29146 EXXON Travel Expense Police 6.97 US-C#16-29146 EXXON Travel Expense Police 6.47 US-drinks for umps-high heat i MARATHON OIL Operating Supplies Athletic Programs Admin 6.39 US-mouse wrist rest IT AMAZON.COM Computers IT Operating 6.00 US-rec ctr parking U OF M PARKING Operating Supplies Fitness Admin. 5.98 US-critter food CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center 5.98 US-critter food CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center 5.68 US-office supplies AMAZON.COM Office Supplies Police 5.27 US-tree pruning paint MENARDS Operating Supplies Park Maintenance 5.17 US-fixture ACCENT STORE FIXTURES Operating Supplies Den Road Liquor Store 4.28 US-elections supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Elections 3.98 US-bbq CUB FOODS EDEN PRAIRIE Special Event Fees Senior Center Programs 3.97 US-paint liner part HOME DEPOT CREDIT SERVICES Equipment Parts Park Maintenance 2.41 US-key rings PAYPAL INC Equipment Parts Emergency Preparedness 1.85 US-cables MY CABLE MART Miscellaneous IT Operating 1.09 US-fashion art camp BYERLYS Operating Supplies Arts Center -15.98 US-refund OFFICE DEPOT CREDIT PLAN Operating Supplies Fire -24.97 US-refund of gas cans NORTHERN TOOL&EQUIPMENT Capital Under$25,000 Concessions -100.00 US-M Bayer CC refund SENSIBLE LAND USE COALITION Deposits Escrow -100.03 US-June16 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund -105.94 US-return of motion sensors HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water Treatment Plant -350.00 US-trng refund GLOCK PROFESSIONAL INC Tuition Reimbursement/School Police 48,077.80 Report Total CITY COUNCIL AGENDA DATE: SECTION: Report of the City Manager September 6, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Office of the City Manager/ Resolution certifying the proposed 2017 property Finance, Sue Kotchevar tax levy, accepting the proposed 2017 budget, setting the date for public hearing, and consenting and approving the HRA tax levy Requested Action Move to adopt the resolution that: • Certifies the proposed 2017 property tax levy to be $35,711,841; and • Sets December 6, 2016, as the meeting which will include discussion of the budget and provide for public comment; and • Accepts the proposed 2017 budget of$47,130,983; and • Consents and approves the HRA tax levy of$200,000. Synopsis Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed net property tax levy by September 30 and certify it to the county auditor. In addition, the City Council must accept a proposed budget for the coming year. The City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and levy will be discussed and public testimony taken. The Council must adopt a final tax levy and budget by December 28. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. Attachments Resolution 2017 Proposed Budget Report CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- _ A RESOLUTION ADOPTING THE CITY'S PROPOSED 2017 PROPERTY TAX LEVIES,ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND TAX-SUPPORTED OBLIGATIONS FOR 2017,AND CONSENTING AND APPROVING THE 2017 HRA LEVY WHEREAS, the City Council of the City of Eden Prairie has reviewed the City Manager's recommended 2017 budget and tax levies; and WHEREAS,the City Council has decided to accept these recommendations at this time. NOW, THEREFORE,BE IT RESOLVED,that the City Council: 1. Establishes the following proposed taxes on real and personal property within the City of Eden Prairie for the 2017 budget. Levy on Tax Capacity $ 34,836,841 Levy on Market Value 875,000 Total LEVY $ 35,711,841 The proposed total Levy may not be exceeded when the City Council sets the final tax levy for 2017. 2. Accepts the 2017 proposed levy of$35,711,841 and proposed budget totaling$47,130,983 at this time. 3. Consents and approves the 2017 HRA tax levy of$200,000. ADOPTED by the City Council on September 6, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk IW 1 City of Eden Prairie 2017 Proposed Budget 09/06/2016 City Council Meeting Table of Contents Table of Contents 1 Introduction 2 Goals 3 City Survey 5 Preliminary Tax Base and Tax Impacts 6 Budget and Tax Levy 6 Debt Levy 7 Capital Levy 9 General Fund Revenue Budget 9 General Fund Expenditure Budget ii Detailed Information 12 HRA 14 Conclusion 14 General Fund Statement 15 1 Introduction This document summarizes the City Manager recommended 2017 operating budget as of 9/06/2016. The City Council will be asked to adopt the 2017 proposed budget and tax levy at the December 6th Council meeting. The City of Eden Prairie prepares a two year budget and 2017 is the second year of the two year budget. Preparing a two year budget provides for improved planning and reduced staff time. For the second year budget, the City must follow State guidelines and formally adopt the second year budget and tax levy in 2016 for 2017. In preparing the 2016/2017 budget during 2015, the budget process started in January of 2015 with the review of the Quality of Life Survey results and ended in December with final approval and adoption of the budget. The process to date and future planned activities include the following: 2015 • April 8 - City Council Planning Session • March/April - Prepare internal service fund budget and calculate charges, planning meetings held with internal service fund preparers • Week of April 20 - Budget preparation meetings held • Week of April 27 - Departmental budget planning meetings held • May 19 - City Council Workshop, presentation 2014 financial results • May 22 - Staff budget preparation work due • Week of June 8 and 15 - Departmental budget follow up meetings held • City Manager, Directors, and Finance prepare for City Council Workshop • July 14 and August 18- City Council Workshops • August to October- Budget Engagement • September 1 - Council adopts a preliminary tax levy and budget • October 6 - City Council Workshop on Enterprise Funds • December 1 - Public Meeting and Council adopts final tax levy and budget 2016 • March 22 — City Council goal setting session • May 3 — City Council Workshop and Meeting o Auditor reviews 2015 financial results • July 19 — City Council Workshop o City Manager presents recommended General Fund budget • Sept. 6 — Council adopts a preliminary tax levy and budget • Dec. 6 — Public Meeting and Council adopts final tax levy and budget 2 Goals The City Council 2016/2017 budget goals include the following: • Enhance service levels in specified areas o Parks and Recreation ■ Increased operations for the aquatics and fitness expansion starting in 2015 o Public Safety ■ Hiring (2) additional police officers in 2016-2017 o Transportation • Preserve all other city service levels o Service levels have been maintained • Sustain current levels of employee morale and engagement o The organization continues to implement efficiencies and innovations that motivate employees to continually improve the organization o The budget includes salary changes that are consistent with public and private sector trends • Continual review for service efficiencies and innovations o The budget includes the following efficiencies and innovations: ■ Continue implementation of energy efficiencies • Celebrate successful completion of the 20-40-15 energy program • Implement Step 4 - Green Step Cities • Plan for and implement next steps of the City's green initiatives ■ Implement Business Licensing application ■ Implement technology for internal plan review process ■ Implement new intranet site ■ Implement design guidelines 3 • Preserve Eden Prairie's exceptional image internally and externally • Continue to improve Eden Prairie's relative position in fiscal comparisons with comparable cities o Eden Prairie is in the lower quartile of taxes paid for the single value home when compared to the other MLC cities • Enhance Sense of Community/Community identity o Involve citizens in decisions including gathering input at neighborhood events and via electronic feedback. Engagement opportunities will include 2016/2017 budget, comprehensive plan update, etc. o Seek input&feedback from diverse groups through town hall meetings and other opportunities o Redesign and enhance the website o Promote historic properties o Complete monument sign project o As trends and data warrant, change/improve park and recreation programs 4 City Survey The City uses the biennial citizen survey as one input tool for the budget. Surveys were randomly mailed to 1,200 households with 307 of the surveys completed. The survey results are used to monitor trends in resident opinion, measure government performance, inform budget, land use, strategic planning decisions, and benchmark service ratings. Overall, survey results were positive with the following results: • Residents enjoy a high quality of life • Residents value the natural environment and outdoor amenities • Residents feel safe • City services were highly rated • Residents are engaged and they would like to see increased opportunities for engagement. • A sense of community could be enhanced 95% of residents rated overall quality of life as good or excellent. This compares to 89% from the last survey. Also, 87% of residents rate the quality of City services as good or excellent. 62% of residents rated the value of services for taxes paid as good or excellent. The City Council recognizes the importance of balancing the value of City services with the cost. The survey provided valuable input and the City Council budget goals include initiatives to increase opportunities for engagement and to increase sense of community. 5 Preliminary Tax Base and Tax Impacts The ability to levy and collect taxes is based on property market values, tax capacities, and the City tax rates. The table below shows the history of these items since 2014. 2014 2015 2016 2017 Market Value $8.6 Billion $9.1 Billion $9.6 Billion $9.9 Billion Adjusted Net Tax Capacity $88,092,563 $92,696,474 $100,274,286 $102,340,193 City Tax Rate 34.49% 33.74% 32.14% 32.41 For 2017, the median value home in Eden Prairie is valued at $363,100 reflecting an average value increase of .1%. In 2016, the median value was $362,700. Commercial properties have an average value increase of .7%, and apartments a value increase of 10.1%. Below summarizes the City's tax impact for residential, apartment, and commercial properties based on current information from the County. Percent Property Type 2015/2016 2016/2017 Difference Change Residential($360,300) $ 1,184 $ 1,194 $ 10 0.8% Apartment($5M) $ 18,656 $ 20,699 $ 2,043 11.0% Commercial ($2M) $ 8,244 $ 8,135 $ (109) (1.3%) Staff has calculated that a $340,000 change in the tax levy will impact the median value home by 1% or $12.00. Budget and Tax Levy Below summarizes the proposed total tax levy and budget. Tax Levy 6 2016 2017 Percent Fund Adopted Proposed Difference Change General Fund $ 31,998,874 $ 32,958,841 $959,967 3.0% Capital Improvement Fund 100,000 200,000 100,000 100.0% Debt Levy 2,562,000 2,553,000 (9,000) (0.4%) Sub-total 34,660,874 35,711,841 1,050,967 3.0% Less Fiscal D isparity D istri buti on (1,562,101) (1,672,350) (110,249) 7.1% Total Levy $ 33,098,773 $ 34,039,491 $940,718 2.8% Budget 2016 2017 Percent Fund Adopted Proposed Difference Change General Fund $ 43,215,812 $ 44,377,983 $ 1,162,171 2.7% Debt 2,562,000 2,553,000 (9,000) (0.4%) Capital Levy 100,000 200,000 100,000 100.0% Total City Budget $ 45,877,812 $ 47,130,983 $ 1,253,171 2.7% Debt Levy For 2017 debt payments supported by the tax levy are projected to remain approximately 5% to 6% of the general fund budget. A percentage of 5% to 15% of the general fund budget is considered a moderate debt burden on taxpayers by Moody's investor's services. Moody's Investors Service has assigned a rating of Aaa to the City of Eden Prairie's (MN) bonds, the highest rating from Moody's. Standard & Poor's has also assigned a rating of AAA to the City of Eden Prairie's bonds, their higher rating as well. This ensures the City receives the most competitive interest rates. The City's bond ratings reflect Eden Prairie's extensive and diversified tax base, low amount of rapidly amortized debt, and capably managed operations. Of the 854 cities in Minnesota, there are only 14 rated Aaa by Moody's Investors Service and 19 rated AAA by Standard&Poor's. 7 For 2017, the 2011 equipment certificates were paid off in 2016 which reduced the 2017 debt levy by $72,000. Also other debt levies changed due to changes in the debt payment schedule. Below summarizes the detail of the 2017 debt levy. 2016 2017 Percent Adopted Proposed Difference Change Debt Levy on Tax Capacity 2008 Equipment Certificates $ 335,000 $ 310,000 $ (25,000) (7.5%) 2009 Equipment Certificates 45,000 40,000 (5,000) (11.1%) 2011 Equipment Certificates 72,000 - (72,000) (100.0%) 2012B SouthWest Fire Station 310,000 310,000 - 0.0% Slab-total 762,000 660,000 (102,000) (13.4%) Debt Levy on Market Value 2011C Parks Referendum 725,000 725,000 - 0.0% 2012A Parks Referendum 150,000 150,000 - 0.0% Sub-total 875,000 875,000 - 0.0% Total Debt Levy $1,637,000 $1,535,000 $(102,000) (6.2%) 2014 Tax Abatement 925,000 1,018,000 93,000 10.1% Total $2,562,000 $2,553,000 $ (9,000) (0.4%) 8 Capital Levy The City prepares a ten year capital improvement plan and updates the plan every other year. The Capital Improvement and Maintenance fund (CIMF) pays for capital projects that do not have another funding source, for example, playground replacement, repair and expansion of trails, parks - parking lot maintenance, public safety radio replacement, etc. The CIMF is funded through liquor operations profit, rental income, antenna revenue, a tax levy, miscellaneous revenue, and one-time funds the City receives. For example, when the general fund has positive operating results, amounts not needed to meet the fund balance policy have been transferred to the CIMF. The capital levy was increased from $100,000 to $200,000 for 2017. The cash flow projections from when the plan was last updated earlier this year are shown below. $6,000,000 $5,000,000 $4,000,000 — $3,000,000 $2,000,000 � r $1,000,000 $0 I I 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 , ,Revenue Expense — Balance General Fund Revenue Budget For 2017 revenues are budgeted to increase 2.9%. As you can see from the graph below taxes is the largest source of revenue for the general fund and is 74% of the budget. This is the same percentage as 2016. 9 Revenue Budget Composition $500,000 r$304,000 $1,236,048 $5,957,769 •Taxes A •Licenses and Permits $3,505,559 Intergovernmental Revenue •Charges for Services •Fines and Penalties $32,383,664 Other Revenue .1IlL The next largest source of revenue is charges for services. For 2017, charges for services are increasing $277,584 or 4.9%. The increase is primarily for the community center which is increasing $278,854. Membership rates are increasing 5% to adjust for the increased services citizens receive due to the aquatic and fitness expansion and an increase in the number of memberships is also expected. All other charges for services have small increases and decreases. Building permit and fees revenue was budgeted to increase $120,000 or 6% in 2016 and was budgeted with no increase in 2017. We budget a higher increase every other year. Intergovermental revenue is budgeted to remain flat. The largest source of intergovernmetnal revenue is for police and fire pension aid from the State of Minnesota. This aid has remained relatively stable but did decrease or remain the same from 2006 to 2012. We have seen modest increases since 2013. Fines and penalities revenue remains flat for 2017. This has not been a growing source of revenue for the City. io General Fund Expenditure Budget Expenditures are currently proposed to increase 2.7% in 2017. Since the City provides significant services to the community, wages and benefits make up 62% percent of the general fund budget. The most significant categories in Wages and Benefits include wages, pension and taxes, health insurance, part-time wages, and workers compensation insurance. Other significant costs include amounts to maintain facilities, fleet services, information technology, street lighting, legal services, and property insurance. These items make up another 25% of the budget. All other items make up 13% of the budget and consist of a variety of unique items on 84 different line items in each division's budget. The chart below illustrates the composition of the expenditure budget. Expenditure Budget Composition $5,983,283 •Wages and Benefits •Street Lighting $4,619,126 •Legal Services •User Charge- Property I nsurance $1,988,504 •User Charge- Fleet $27,380,438 •User Charge- IT $2,449,389 ■User Charge- Facilities $439,310 / ■Other $517,433 J $1,000,500 11 Detailed Information Below provides information on the significant items in the budget. Wages The original 2017 budget showed wages increasing 3.6% in 2017. This included a 2.5 percent base increase, step increases, and performance pay. An additional police officer was added in 2017. The City prepares the budget for wages by looking at trends within the private sector labor market and our local government peer group. Based on current compensation trends, we are now proposing a 3.0% base wage increase in 2017. This proposal is in line with our peer cities and the private sector. In 2016 our local government peer group is estimating that the average increase will be 2.7%. Additionally, according to a recent study done by WorldatWork, the private sector labor market is showing an average of a 3.1% increase in 2016 after a 2.9% average increase in 2015. The City needs to stay in line with our peers and the private sector if we want to retain our highly skilled workforce. Additionally, maintaining a competitive wage is important so that Eden Prairie maintains the lowest level unionization when compared to our benchmark communities. We will have an open labor contract for 2017 and will need to remain competitive with other contracts and communities. The results of a comprehensive 2012 wage study showed that the City was in line with the private and public sectors in the market. We must continue to provide similar increases as the private sector and our public sector peer cities to remain competitive. This change can be accomplished without an increase to the current proposed total budget. Due to employee turnover, enough dollars are available for this change. The increase is approximately$83,000 and the total wage would increase 4.2%. Wages - Part time Wages part-time is decreasing $61,600 or 2.6% in 2017. There is no election planned for 2017 so part-time wages decreased. Volunteer Wages 12 Volunteer wages are increasing 5.75% in 2017. In July of 2017 wages will be increased from $12.00 to $13.00 an hour. PERA The City pays public employees retirement (PERA) benefits for all eligible employees. Generally all full time employees and part-time employees, who earn more than $5,100 a year, are PERA eligible. The City currently contributes 7.50% of salary for PERA except for the police and fire employees where the percent is 16.2%. The City also pays 7.65% of salary for FICA except for police and fire where the percentage is 1.45%. The City has budgeted $3,097,923 for PERA/FICA in 2017. Health Insurance The health insurance budget is increasing 8.6%. This includes 7% for premiums and an additional 3% for healthcare reform fees. The increase is less than the premium and fees increase due to keeping the HRA/HSA contribution flat. Internal Service Funds • Facility user charges are increasing 3% in 2017 to maintain current service levels. • Fleet services user charges for the general fund are increasing 2.2% in 2017. • Property insurance user charges are increasing from $412,308 in 2016 to $439,310 in 2017. This is a 6.5% increase. This will bring charges in line with expenditures. • Workers compensation charges are decreasing$91,300 due to a decrease in the charge from the League of Minnesota cities. For 2016 we budgeted a 14% increase but the actual change was a 5% decrease. For 2017, we budgeted a ten percent increase but based on the current trend we anticipate less than ten percent and have estimated an 8% percent increase. • IT user charges are increasing 1.2% in 2017. Staff recommends that the decrease in workers compensation be added to the IT capital charge to address capital needs that were identified during the update of the 2017 to 2026 CIP. 13 HRA The HRA levies and pays for wages and benefits related to the support of housing in the City. It includes staff time from Housing and Community Services, Community Development, Planning, Economic Development, and Fire. Wages and benefits total $193,573 for 2017. Conclusion This document is intended to provide information on the proposed 2017 City of Eden Prairie budget. If you have any questions about the budget contact a member of the finance team or the individual operating areas. 14 General Fund Statement 2015 2016 2017 Incr/(Decr)from 2016 Budget Budget Budget Proposed Dollar Percent REVENUES Taxes $ 30,570,531 $ 31,442,897 32,383,664 $ 940,767 3.0% License and Permits Building Permits and Fees 2,000,000 2,120,000 2,120,000 - 0.0% Other 1,495,863 1,385,469 1,385,559 90 0.0% Total Licenses and Permits 3,495,863 3,505,469 3,505,559 90 0.0% Intergovernmental Revenue Police Pension Aid 415,000 500,000 500,000 - 0.0% Fire Relief Association Aid 381,000 414,000 414,000 - 0.0% School Liaison 116,955 115,798 115,798 - 0.0% Other 141,250 206,250 206,250 - 0.0% Total Intergovernmental Revenue 1,054,205 1,236,048 1,236,048 - 0.0% Charges for Services Public Safety 83,500 102,500 102,500 - 0.0% Recreation 4,726,719 5,577,685 5,855,269 277,584 5.0% Total Charges for Services 4,810,219 5,680,185 5,957,769 277,584 4.9% Fines and Penalties 577,000 500,000 500,000 - 0.0% Investment Income 100,000 50,000 50,000 - 0.0% Other Revenue 254,263 254,000 254,000 - 0.0% Total Revenues 40,862,081 42,668,599 43,887,040 1,218,441 2.9% EXPENDITURES General Government 6,238,493 6,461,530 6,525,927 64,397 1.0% Public Safety 18,793,731 19,254,000 19,975,205 721,205 3.7% Public Works 5,981,421 6,198,987 6,335,493 136,506 2.2% Parks and Recreation 10,377,275 11,104,750 11,340,160 235,410 2.1% Debt Service 46,545 46,545 51,198 4,653 10.0% Total Expenditures 41,437,465 43,065,812 44,227,983 1,162,171 2.7% Excess(Deficiency of Revenues over Expenditures) (575,384) (397,213) (340,943) 56,270 (14.2%) OTHER FINANCING SOURCES/(USES) Transfers in 406,610 270,000 270,000 - 0.0% Transfers out (160,000) (150,000) (150,000) - 0.0% Total Other Financing Sources 246,610 120,000 120,000 - 0.0% Net Change in Fund Balance $ (328,774) $ (277,213) (220,943) $ 56,270 (20.3%)